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2012-04-10_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Tuesday, April 10, 2012 Committee of the Whole Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi&re communale au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council /Committee will make a decision(s) in that respect in Open Session: 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Land Matter 10.2(4)(d) 1.3 Financial Matter 10.2(4)(c) 1.4 Legal Opinion 10.2(4)(f) 1.5 Personal Matter 10.2(4)(b) Regular Meeting 1. Call to Order — Prayer 6:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of March 12, 2012 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Dream Catcher's Entertainment - Auto Show on Canada Day (Recommendation: Refer to City Solicitor) 5.2 Request to Present Re:Organ Donor Week (Recommendation: Refer to Clerk to Schedule) 5.3 Canadian Aviation Historical Society Letter Re Possible Street Names (Recommendation: Refer to City Manager) 5.4 Traffic Signals at Irving Oil Refinery (Recommendation in Report) 5.5 Tender 2012- 084902T Reinstatement of Utility Cuts Concrete ( Recomendation in Report) 5.6 Thorne Avenue One Mile Sanitary Lift Station Forcemain Easement Requirement PID 24091 (Recommendation in Report) 2 5.7 Harbour Clean Up Sanitary Lift Station 6 Marsh Creek (Recommendation in Report) 5.8 Harbour Clean Up Pipe Crossing Under CN Tracks 0.17 Dry Dock Spur and Mile 0.41 Dry Dock Spur off Sussex SD (Recommendation in Report) 5.9 Historic Places Initiative - Blueberry Hill (Recommendation in Report) 5.10 Nature Trust of New Brunswick 25th Anniversary Celebration (Recommendation: Receive for Information) 5.11 David Greenslade Park Committee (Recommendation: Assist with Application to Greater Saint John Community Foundation) 5.12 Partial Release of Municipal Services Easement to Holy Cross Cemetery - Sand Cove Road (Recommendation in Report) 5.13 Street Naming (Recommendation in Report) 5.14 Harbour Clean Up Imperial Oil - 170 Broad Street PID 00000075 (Recommendation in Report) 5.15 Easements for Municipal Services (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Volunteer Appreciation Week 7.2 The International Day of Pink 7.3 Lions Appreciation Day 7.4 National Immunization Week 7.5 Records and Information Governance Month 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 10.1(a) Third Reading Zoning ByLaw Amendment - 549 Millidge Avenue 10.1(b) Section 39 Conditions 10.2(a) Third Reading Zoning ByLaw Amendment - 288 Duke St. 10.2(b) Section 39 Conditions 10.3 Third Reading - Amendment to Zoning ByLaw of The City of Saint John (re: Fees) 10.4 Third Reading - ByLaw Respecting Plumbing in The City of Saint John 11. Submissions by Council Members 11.1 Procedural Bylaw Change (Councillor Sullivan) 12. Business Matters - Municipal Officers 12.1 City Manager: Tender for Asphaltic Concrete Mixes 12.2 City Manager: Tender 2012 - 084901 T Reinstatement of Utility Cuts Asphalt 12.3 City Manager: MC2012 -80, Lord Beaverbrook Arena - Feasibility of Expansion to Olympic Sized Ice Surface 12.4 City Manager: Traffic Calming Policy 12.5 City Manager: Engagement of Engineering Consultants - 2012 Capital Program 12.6 City Manager: Watershed Protection - Forest Management Plan 12.7 City Manager: Safe, clean Drinking Water Program - P3 Business Case 12.8 City Manager: Municipal Services Easement 5 13. Committee Reports 13.1 Fundy Region Solid Waste Commission: Transition to Proposed Regional Service Commission (Tabled on March 26, 2012) 13.2 Rockwood Park Advisory Board: Request for In -Kind Services 13.3 Rockwood Park Advisory Board: Signage for Rockwood Park 13.4 Heritage Development Board: Heritage Grant Policy 13.5 Committee of the Whole: Sanitary Lift Station 40 Mountain View Drive 13.6 Committee of the Whole: Training and Career Development System - Working Agreement Between The City of Saint John and C.U.P.E Local 18 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Proposed Amendments to Heritage Development Board Policy 16. Adjournment 0 The City of Saint John Seance du conseil communal Le mardi 10 avril 2012 Comite plenier Chacun des points suivants, en totalite ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le Conseil /Comite prendra une ou des d6cisions a cet egard au cours de la seance publique 1.Ouverture de la seance 17 h — Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Question relative aux biens -fonds — alin6a 10.2(4)d) 1.3 Question financiere — alin6a 10.2(4)c) 1.4 Consultation juridique — alin6a 10.2(4)j) 1.5 Question d'ordre personnel — alin6a 10.2(4)b) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 18 h 30 — Salle du conseil 2. Approbation du proces- verbal 2.1 Proc6s- verbal de la seance tenue le 12 mars 2012 3. Adoption de Pordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises i 1'approbation du conseil 5.1 Dream Catcher's Entertainment — Salon de 1'auto pour la fete du Canada (recommandation : transmettre a Pavocat municipal) 5.2 Demande de presentation au sujet de la Semaine des dons d'organes (recommandation : transmettre a la greffi&e pour qu'une date de presentation soit fix6e) 5.3 Lettre de la Canadian Aviation Historical Society concernant les noms de rue possibles (recommandation : transmettre au directeur general) 5.4 Feux de circulation a la raffinerie Irving Oil (recommandation figurant au rapport) 5.5 Soumission 2012- 084902T relative a la restauration des tranchees en b6ton destinees aux services publics (recommandation figurant au rapport) 5.6 Conduite de refoulement d'un mille de Pavenue Thorne — Exigence de servitude, NID 24091 (recommandation figurant au rapport) 5.7 Nettoyage du port — Station de relevement n° 6, ruisseau Marsh (recommandation figurant au rapport) 5.8 Nettoyage du port — Passage de conduits sous les voies ferrees au point milliaire 0,17 de 1'embranchement Dry Dock du CN et an point milliaire 0,41 donnant sur Sussex S/D (recommandation figurant au rapport) 5.9 Initiative des endroits historiques — Blueberry Hill (recommandation figurant au rapport) 5.10 Celebrations du 25' anniversaire de la Fondation pour la protection des sites naturels du Nouveau - Brunswick (recommandation : accepter a titre informatif) 5.11 Comite du pare David Greenslade (recommandation : aider a presenter une demande a la fondation communautaire du Grand Saint John) 5.12 Liberation partielle d'une servitude aux fins de services municipaux du cimetiere Holy Cross — chemin Sand Cove (recommandation figurant au rapport) 5.13 Attribution de nom de rue (recommandation figurant au rapport) 5.14 Nettoyage du port, Compagnie Petroliere Imperiale — 170, rue Broad, NID 00000075 (recommandation figurant au rapport) 5.15 Servitudes aux fins de services municipaux (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine d'appreciation des benevoles 7.2 Journee internationale du rose 7.3 Journee d'appreciation du Lions Club 7.4 Semaine nationale de la vaccination 7.5 Mois de la gouvernance des documents et de 1'information 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 10.1a) Troisieme lecture de la modification de 1'Arrete de zonage visant le 549, avenue Millidge 10.1b) Conditions imposees par Particle 39 10.2a) Troisieme lecture de la modification de 1'Arrete de zonage visant le 288, rue Duke 10.2b) Conditions imposees par Particle 39 10.3 Troisieme lecture de la modification de 1'Arrete de zonage de The City of Saint John (concernant les frais) 10.4 Troisieme lecture de la modification de 1'Arrete relatif a la plomberie dans The City of Saint John 11. Interventions des membres du conseil 11.1 Changement d'arrete procedural (conseiller Sullivan) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Soumission relative aux melanges de beton asphaltique 12.2 Directeur general : Soumission 2012- 084901T relative a la restauration de 1'asphalte des tranchees destines aux services publics 12.3 Directeur general : Rapport M/C 2012 -80, arena Lord Beaverbrook — faisabilite de 1'agrandissement a une surface de glace olympique 12.4 Directeur general : Politique visant a ralentir la circulation 12.5 Directeur general : Nomination d'ingenieurs- conseils relativement au programme d'immobilisations de 2012 12.6 Directeur general : Protection du bassin versant — plan d'am6nagement forestier 12.7 Directeur g6n6ral : Programme sur la salubrit6 et propret6 de 1'eau potable — analyse de rentabilisation de P3 12.8 Directeur g6n6ral : Servitude aux fins de services municipaux 13. Rapports deposes par les comit6s 13.1 Commission de gestion des d6chets solides de Fundy: Transition au projet de commission de services r6gionaux (point report6 a la r6union du 26 mars 2012) 13.2 Conseil consultatif du parc Rockwood : Demande de services en nature 13.3 Conseil consultatif du parc Rockwood: Affichage pour le parc Rockwood 13.4 Conseil d'am6nagement du patrimoine : Politique de subventions du patrimoine 13.5 Comit6 pl6nier : Station de relevement visant le 40, promenade Mountain View 13.6 Comit6 pl6nier : SyWme de formation et de d6veloppement de carri6re - Accord de collaboration entre la Ville de Saint John et le CUPE local 18 14. Etude des sujets ecart6s des questions soumises a Papprobation du conseil 15. Correspondance g6nerale 15.1 Modifications proposes a la politique du Conseil d'am6nagement du patrimoine 16. Levee de la seance 96 -694 COMMON COUNCIL / CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MARCH 12, 2012 - 5:30 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Norton, Snook, and Sullivan - and - W. Edwards, Commissioner of Transportation and Environment Services and City Engineer /Acting City Manager; F. Beaulieu, Solicitor; G. Yeomans, Commissioner of Finance and Administrative Services; K. Mason, Municipal Engineer; K. Forrest, Commissioner of Growth and Development Services; J. Hamilton, Commissioner of Strategic Services; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; D. Cowan, Police Staff Sergeant; K. Clifford, Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 12 MARS 2012 A 17 H 30 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, McGuire, Norton, Snook, Sullivan et la conseillere Higgins -et - W. Edwards, commissaire aux services de transport et d'environnement et ingenieur municipal /directeur general par interim; F. Beaulieu, avocat municipal; G. Yeomans, commissaire aux services financiers et administratifs; K. Mason, ingenieur municipal; K. Forrest, commissaire aux services de developpement et de croissance; J. Hamilton, commissaire aux services strategiques; A. Poffenroth, commissaire adjoint aux services d'inspection et des batiments; D. Cowan, sergent d'etat -major du service de police; K. Clifford, chef du service d'incendie; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. Call To Order — Prayer Mayor Court called the meeting to order and Renee Embree offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, et Renee Embree recite la priere d'ouverture. 2. Approval of Minutes 2.0 Minutes of January 30th, 2012 On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on January 30th, 2012, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.0 Proces- verbal de la seance tenue le 30 janvier 2012 Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la seance du conseil communal tenue le 30 janvier 2012 soit approuve. A I'issue du vote, la proposition est adoptee. 7 96 -695 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 2.1 Minutes of February 1St, 2012 On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on February 1St, 2012, be approved. Question being taken, the motion was carried. 2.1 Proces- verbal de la seance tenue le ter fevrier 2012 Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLLI que le procbs- verbal de la seance du conseil communal tenue le 1 e fevrier 2012 soit approuve. A Tissue du vote, la proposition est adoptee. 2.2 Minutes of February 13th, 2012 On motion of Councillor Snook Seconded by Councillor Sullivan RESOLVED that the minutes of the meeting of Common Council, held on February 13th, 2012, be approved. Question being taken, the motion was carried. 2.2 Proces- verbal de la seance tenue le 13 fevrier 2012 Proposition du conseiller Snook Appuyee par le conseiller Sullivan RESOLU que le proces- verbal de la seance du conseil communal tenue le 13 fevrier 2012 soit approuve. A Tissue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED the agenda of this meeting be approved with the addition of items 10.3a) Third Reading A By -Law Respecting the Closing of Retail Businesses and the removal of item 10.1 Third Reading Proposed By- Law Amendment Respecting the Construction, Repair and Demolition of Buildings and Structures. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que I'ordre du jour de la presente seance soit adopte, moyennant I'ajout du point 10.3a) Troisieme lecture de I'Arrete relatif a la fermeture des etablissements de vente au detail et le retrait du point 10.1 Troisieme lecture du projet de modification de I'arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures. A Tissue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest Councillor Norton disclosed a conflict of interest with item 9.4 Proposed By -Law to Amend the Saint John Heritage Conservation Areas By -Law. 96 -696 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 4. Divulgations de conflits d'interets Le conseiller Norton declare etre en conflit d'interets avec le point 9.4 Proposition d'arrete modifiant I'arrete relatif aux aires de conservation du patrimoine de The City of Saint John. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2012- 045: Purchase and Sale Agreement Portion of Civic #54 Loch Lomond Road: 1. That The City of Saint John purchase a 30.3 square metre ± portion of the property as shown on a submitted plan, known as civic #54 Loch Lomond Road, also identified as PID Number 315945 from Bayview Credit Union Society Ltd. in accordance with the terms and conditions contained in the Offer of Purchase and Sale Agreement submitted with this report (M &C # 2012 -45). 2. That the Mayor and Common Clerk be authorized to execute the necessary documents. 5.2 That as recommended by the City Manager in the submitted report M &C 2012- 046: Space Needs Analysis: 1. That The City of Saint John accept Ashford Properties Inc.'s offer to perform, for the City, a space use optimization analysis for the City's leasable area at City Hall; and further 2. That Staff report back to Council upon receipt of the Report. 5.3 That as recommended by the City Manager in the submitted report M &C 2012- 043: Lease Renewal for #188 and #192 - Courtenay Bay Saint John Port Authority Property: 1. That The City of Saint John renew Lease #188 with the Saint John Port Authority Corporation for a further two (2) year term (commencing January 1, 2011, expiring on December 31, 2012), 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 1,2011, expiring on December 31, 2012), 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. 5.4 That as recommended by the City Manager in the submitted report M &C 2012- 042: Lease #222 (Lower Cove Loop) - Saint John Port Authority that The City of Saint John renew Lease #222 with the Saint John Port Authority Corporation for a further two (2) year term (commencing January 1, 2011, expiring on December 31, 2012), at an annual rent of $325.00 per annum (plus HST if applicable). It is further recommended that the Mayor and Common Clerk be authorized to execute the lease renewal. 5.5 That as recommended by the City Manager in the submitted report M &C 2012- 048: Memorandum of Understanding Concerning the Land Gazette: 1) That the City of Saint John enter into a Memorandum of Understanding concerning the Land Gazette with Service New Brunswick in the form and upon the terms and conditions as are attached to this M &C 2012 -48; 2) That the Mayor and Common Clerk be authorized to execute the Memorandum of Understanding; 3) That the Commissioner of Growth and Development Services be designated as the party responsible to ensure that the Municipality complies with its obligation under this Memorandum of Understanding. 9 96 -697 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 5.6 That as recommended by the City Manager in the submitted report M &C 2012- 040: Pipeline Crossing Agreement with Maritimes & Northeast Pipeline Crossings KP99 +650 - Saint John Lateral that the City of Saint John enter into the Crossing Consent Agreement with Maritimes & Northeast Pipeline Limited Partnership, by its General Partner, Maritimes & Northeast Pipeline Management Ltd. I Maritimes & Northeast Pipeline attached to M &C 2012 -40 and that the Mayor and Common Clerk execute the said agreement. 5.7 That the report submitted by the Common Clerk entitled Information Session for Potential Candidates be received for information. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -045: Convention d'achat -vente visant la parcelle situee au 54, chemin Loch Lomond: 1. The City of Saint John achete de Bayview Credit Union Society Ltd., une parcelle de terrain d'une superficie d'environ 30,3 metres carres, comme le montre le plan presente, situee au 54, chemin Loch Lomond et portant le NID 315945, conformement aux modalites et aux conditions stipulees dans la convention d'achat -vente soumise avec ledit rapport (M /C 2012 -45); 2. le maire et la greffiere communale soient autorises a signer Ies documents necessaires. 5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -046: Analyse des besoins en espace : 1. The City of Saint John accepte I'offre d'Ashford Properties Inc. de realiser, pour la Ville, une analyse sur ('optimisation de 1'espace de location de la Ville a I'h6tel de ville; 2. le personnel presente les resultats au conseil a la reception du rapport. 5.3 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -043: Reconduction des baux no' 188 et 192, Courtenay Bay — Propri6te de /'Administration portuaire de Saint John : 1. The City of Saint John procede a la reconduction du bail no 188 entre elle -meme et ('Administration portuaire de Saint John pour une periode supplementaire de deux (2) ans (a compter du 1e, janvier 2011 jusqu'au 31 decembre 2012), au loyer annuel de 325 $ (TVH en sus, le cas echeant); 2. The City of Saint John procede a la reconduction du bail no 192 entre elle -meme et ('Administration portuaire de Saint John pour une periode supplementaire de deux (2) ans (a compter du 1erjanvier 2011 jusqu'au 31 decembre 2012), au loyer annuel de 2 167 $ (TVH en sus, le cas echeant); 3. le maire et la greffibre communale soient autorises a signer la reconduction de bail. 5.4 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -042: Bail no 222 (Lower Cove Loop) — Administration portuaire de Saint John, The City of Saint John procede a la reconduction du bail no 222 entre elle -meme et ('Administration portuaire de Saint John pour une periode supplementaire de deux (2) ans (a compter du 1 e janvier 2011 jusqu'au 31 decembre 2012), au loyer annuel de 325 $ (TVH en sus, le cas echeant); le maire et la greffibre communale soient autorises a signer la reconduction du bail. 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -048: Protocole d'entente concernant la Gazette fonciere : 10 96 -698 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 1) The City of Saint John conclue un protocole d'entente avec Service Nouveau - Brunswick concernant la Gazette fonciere conformbment a la forme et aux conditions stipul6es au present rapport (M /C 2012 -48); 2) le maire et la greffiere communale soient autoris6s a signer le protocole d'entente; 3) le commissaire aux Services de d6veloppement et de croissance soit d6sign6 comme personne responsable de s'assurer que la municipalit6 respecte ses obligations en vertu du protocole d'entente en question. 5.6 Que, comme le recommande le directeur general dans le rapport soumis intitul6 M/C 2012 -040: Convention entre la municipalite et la societe Maritimes & Northeast Pipeline au sujet des croisements KP99 et 650 — Embranchement a Saint John, The City of Saint John conclue la convention de consentement de croisement avec Maritimes & Northeast Pipeline Limited Partnership, par 1'entremise de son associ6e commandit6e, Maritimes and Northeast Pipeline Management Ltd. /Maritimes and Northeast Pipeline, soumise avec le rapport M/C 2012 -40, et que le maire et la greffiere communale soient autoris6s a signer ladite convention. 5.7 Que le rapport intitul6 Seance d'information pour recruter des candidats possibles, pr6sent6 par la greffiere communale, soit accept6 a titre informatif. Proposition du conseiller McGuire Appuy6e par le conseiller Sullivan RESOLU que la recommendation formul6e pour chacune des questions soumises a I'approbation du conseil soit adopt6e. A Tissue du vote, la proposition est adopt6e. 6. Members Comments Council members commented on various community events 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activit6s communautaires 7. Proclamation 7. Proclamation 8. Delegations /Presentations 8.1 Saint John Free Public Library Referring to a submitted report and video, Patty Chisholm, Vice Chair of the Saint John Library Board, and Suzanne Ball, board member, provided Council with an update on the Saint John Free Public Library and they responded to questions. 8. Delegations et presentations 8.1 Bibliotheque publique de Saint John Se reportant a un rapport et a une video pr6sent6s, Patty Chisholm, vice- pr6sidente du conseil d'administration de la biblioth6que de Saint John, et Suzanne Ball, membre du conseil d'administration, informent le conseil des derniers faits relatifs a la Bibliotheque publique de Saint John et r6pondent a des questions. 10. Consideration of By -laws 10.2 Third Reading A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the by -law entitled, "By -Law Number M -30, A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John," be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -30, A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John ", was read in its entirety. 11 96 -699 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the by -law entitled, "By -Law Number M -30, A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John," be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -30, A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John ". 10. Etude des arretes municipaux 10.2 Troisieme lecture de I'Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que I'arrbte intitule « Arrete no M -30 concernant les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John » fasse ('objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -30 concernant les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John » est lu integralement. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que 1'arrete intitule « Arrete no M -30 concernant les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John » fasse ('objet d'une troisibme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrbte intitule « Arrete no M -30 concernant les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John ». 10.3 Third Reading A By -Law Respecting the Closing of Retail Businesses Mr. Beaulieau advised that when the draft by -law was given first and second reading by Council, the fine structure appearing in the By -Law Respecting the Closing of Retail Businesses did not reflect the maximum fine that the City is able to impose under the Provincial Offences Procedures Act. Referring to a revised version of the by -law which was added to the agenda as item 10.3a, he explained that the Province recently amended the Act to include a maximum available fine of $2100. On motion of Councillor Farren Seconded by Councillor Higgins RESOLVED that the by -law entitled, "By -Law Number M -32, A By -Law Respecting the Closing of Retail Businesses in The City of Saint John ", which includes a maximum fine of $2100 be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -32, A By -Law Respecting the Closing of Retail Businesses in The City of Saint John ", which was added to the March 12th, 2012 Common Council agenda as item 10.3a, was read in its entirety. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number M -32, A By -Law Respecting the Closing of Retail Businesses in The City of Saint John," which includes a maximum fine of $2100 be read a third time, enacted and the Corporate Common Seal affixed thereto. 12 96 -700 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -32, A By -Law Respecting the Closing of Retail Businesses in The City of Saint John ". 10.3 Troisieme lecture de I'Arrete relatif a la fermeture des etablissements de vente au detail M. Beaulieu indique qu'a la premiere et deuxieme lectures de 1'arrete provisoire par le conseil, 1'echelle des amendes figurant dans I'Arrbte relatif a la fermeture des etablissements de vente au detail ne refletait pas I'amende maximale que la Ville peut imposer en vertu de la Loi sur la procedure applicable aux infractions provinciales. Se reportant a une version revisee de I'arrbte qui a ete ajoute a I'ordre du jour au point 10.3a), it explique que le gouvernement de la province a recemment modifie la Loi pour inclure une amende maximale de 2 100 $. Proposition du conseiller Farren Appuyee par la conseillere Higgins RESOLU que I'arrete intitule « Arrete no M -32, Arrete relatif a la fermeture des etablissements de vente au detail dans The City of Saint John », qui comprend une amende maximale de 2 100 $, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -32, Arrete relatif a la fermeture des etablissements de vente au detail dans The City of Saint John », qui a ete ajoute au point 10.3a) de I'ordre du jour du 12 mars 2012 du conseil communal, est lu integralement. Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete no M -32, Arrete relatif a la fermeture des etablissements de vente au detail dans The City of Saint John », qui comprend une amende maximale de 2 100 $, fasse ('objet d'une troisibme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisibme lecture de I'arretb intitule « Arrete no M -32, Arrete relatif a la fermeture des etablissements de vente au detail dans The City of Saint John ». 11. Submissions by Council Members 11.1 Request to Send Letter to Premier Alward (Mayor Court) 11.2 3T MRI at the Saint John Regional Hospital (Councillor McGuire) On motion of Mayor Court Seconded by Councillor McGuire RESOLVED that Common Council write a letter to Premier Alward, the Minister of Health, the Regional Caucus and the Mayor and Councils of the surrounding communities, asking the government to reconsider accepting the offer of $1 million from the Saint John Regional Hospital Foundation to upgrade the 1.5 T MRI for the Saint John hospital to a 3T unit. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Demande d'envoi d'une lettre au premier ministre Alward (maire Court) 11.2 Appareil IRM 3T a I'hopital regional de Saint John (conseiller McGuire) Proposition du maire Court Appuyee par le conseiller McGuire RESOLU que le conseil communal ecrive une lettre au premier ministre Alward, a la ministre de la Sante, au caucus regional ainsi qu'aux maires et aux conseils des collectivites environnantes, afin que le gouvernement reconsidere I'acceptation de I'offre de 1 million de dollars de la fondation de I'hopital regional de Saint John pour passer de I'appareil IRM 1.5T a un appareil 3T. A ('issue du vote, la proposition est adoptee. 13 96 -701 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 11.3 Pension Board's Travel (Councillor Farren) Responding to a question, the Common Clerk, Secretary of the Pension Board, advised that the pension board has an educational policy. On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that Common Council requests that the Pension Board limit any education travel within the Canadian border and that the policy of attending such education conferences be re- examined; and further, that Council be provided as soon as possible any written documentation, either from legislation or otherwise, stating that pension board members are required to attend so many out of the country meetings. Question being taken, the motion was carried with Councillor Court voting nay. 11.3 Deplacements de la Commission du regime de retraite (conseiller Farren) En r6ponse a une question, la greffiere communale, secr6taire de la Commission du r6gime de retraite, indique que la Commission du regime de retraite a une politique Educative. Proposition du conseiller Farren Appuybe par le conseiller Norton RESOLU que le conseil communal demande que la Commission du r6gime de retraite limite tout d6placement 6 des fins 6ducatives 6 I'int6rieur des frontieres canadiennes et que la politique concernant la participation a des conferences 6ducatives soit r6examin6e; et que tout document 6crit, I6gislatif ou autre, indiquant que les membres de la Commission du r6gime de retraite doivent assister 6 un tel nombre de r6unions 6 1'ext6rieur du pays, soit remis des que possible au conseil. A Tissue du vote, la proposition est adopt6e. Le conseiller Court vote contre la proposition. 9. Public Hearings 7:00 P.M. 9.1 Proposed By -Law Amendment Stop Up and Close Public Street off of Jean St. The Common Clerk advised that the necessary advertising was completed with regard to the proposed bylaw amendment to stop up and close an undeveloped fifty (50) foot wide public street off of Jean Street, by adding thereto Section 226 immediately after Section 225 thereof, with no objections received. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", regarding an undeveloped fifty (50) foot wide public street off of Jean Street by adding thereto Section 226 immediately after Section 225, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". On motion of Councillor Sullivan Seconded by Councillor Farren 14 96 -702 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", regarding an undeveloped fifty (50) foot wide public street off of Jean Street by adding thereto Section 226 immediately after Section 225, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". 9. Audiences publiques a 19 h 9.1 Projet de modification de I'Arrete concernant la fermeture et le barrage de routes — rue publique partant de la rue Jean La greffibre communale indique que les avis requis ont ete publies relativement au projet de modification de I'Arrbte concernant la fermeture et le barrage d'une rue publique non amenagee d'une largeur de 50 pieds partant de la rue Jean, par I'ajout de I'article 226 a la suite de I'article 225, et qu'aucune opposition n'a ete reque. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quanta la modification proposee, mais personne ne prend la parole. Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que I'arrbtb intitulb « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant la fermeture et le barrage d'une rue publique non amenagee dune largeur de 50 pieds partant de la rue Jean, par I'ajout de I'article 226 a la suite de I'article 225, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premibre lecture par titre de I'arretb intitulb « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant la fermeture et le barrage d'une rue publique non amenagee d'une largeur de 50 pieds partant de la rue Jean, par I'ajout de I'article 226 a la suite de I'article 225, fasse ('objet d'une deuxibme lecture. A ('issue du vote, la proposition est adoptee. Deuxibme lecture par titre de 1'arrete intitule « Arrbtb sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». 9.2 Proposed By -Law Amendment Stop Up and Close Public Street off of Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed bylaw amendment to stop up and close a portion of an undeveloped sixty (60) foot wide public street off of Loch Lomond Road, by adding thereto Section 227 immediately after Section 226 thereof, with no objections received. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. On motion of Councillor Snook Seconded by Councillor Farren 15 96 -703 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 RESOLVED that the bylaw entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John," regarding an undeveloped sixty (60) foot wide public street off of Loch Lomond Road, by adding Section 227 immediately after Section 226 thereof, be read a first time. Question being taken, the motion was carried. Read a first time by title, the bylaw entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". On motion of Councillor Seconded by Councillor RESOLVED that the bylaw entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John," regarding an undeveloped sixty (60) foot wide public street off of Loch Lomond Road, by adding Section 227 immediately after Section 226 thereof, be read a second time. Question being taken, the motion was carried. Read a second time by title, the bylaw entitled, " A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". 9.2 Projet de modification de I'Arrete concernant la fermeture et le barrage de routes — rue publique partant du chemin Loch Lomond La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification de I'Arrete concernant la fermeture et le barrage d'un trongon d'une rue publique non amenagee d'une largeur de 60 pieds partant du chemin Loch Lomond, par I'ajout de I'article 227 a la suite de I'article 226, et qu'aucune opposition n'a ete reque. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant a la modification proposee, mais personne ne prend la parole. Proposition du conseiller Snook Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant la fermeture et le barrage d'une rue publique non amenagee d'une largeur de 60 pieds partant du chemin Loch Lomond, par I'ajout de I'article 227 a la suite de I'article 226, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». Proposition du conseiller Appuyee par le conseiller RESOLU que 1'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant la fermeture et le barrage d'une rue publique non amenagee d'une largeur de 60 pieds partant du chemin Loch Lomond, par l'ajout de ['article 227 a la suite de I'article 226, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». 9.3 Proposed By -Law Amendment Stop Up and Close portion of Phillip Ct and Wigmore Ct The Common Clerk advised that the necessary advertising was completed with regard to the proposed bylaw amendment to stop up and close a portion of Phillip Court and 16 96 -704 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 Wigmore Court, by adding thereto Section 228 immediately after Section 227 thereof, with no objections received. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Rick Turner representing Hughes Surveys stating that he is in favour of the staff report and recommendation. On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", regarding a portion of Phillip Court and Wigmore Court by adding thereto Section 228 immediately after Section 227 thereof, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", regarding a portion of Phillip Court and Wigmore Court by adding thereto Section 228 immediately after Section 227 thereof, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". 9.3 Projet de modification de I'Arrete concernant la fermeture et le barrage de routes — trongon de ('impasse Phillip et de ('impasse Wigmore La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification de I'Arrete concernant la fermeture et le barrage d'un trongon de ('impasse Phillip et de ('impasse Wigmore, par I'ajout de I'article 228 a la suite de I'article 227, et qu'aucune opposition n'a ete regue. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Rick Turner, representant Hughes Surveys, se prononce en faveur de la recommandation et du rapport du personnel. Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un trongon de ('impasse Phillip et ('impasse Wigmore par I'ajout de I'article 228 a la suite de I'article 227, fasse l'objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un trongon de ('impasse Phillip et ('impasse Wigmore par I'ajout de I'article 228 a la suite de I'article 227, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete sur ('interruption de la circulation et 17 96 -705 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 la fermeture des routes dans The City of Saint John (Councillor Norton withdrew from the meeting) 9.4(a) Proposed By -Law to Amend the Saint John Heritage Conservation Areas By -Law 9.4(b) Letters of Opposition to the Proposed Heritage By -Law Amendments The Common Clerk advised that the necessary advertising was completed with regard to the proposed Saint John Heritage Areas By -Law Amendment with letters of opposition received. Mr. Beaulieau recommended that Council proceed with the public hearing, however, he suggested that first and second reading be tabled to allow for the Solicitor's office to adjust the wording of the by -law. The Mayor called for members of the public to speak against the Saint John Heritage Conservation Areas By -Law amendment with Wayne Dryer, Robert O'Neill, Donna Reardon, Hazel Braithwaite, and Joan Pearce expressing concerns with the increased fees and reductions in heritage grants. The Mayor called for members of the public to speak in favour of the Saint John Heritage Conservation Areas By -Law amendment with no one presenting. Responding to a question, Mr. Forrest stated that when he submitted the original 2012 budget for the Planning Department, he did not recommend increased heritage fees or a decrease in the grant. However, he noted that when Council adopted the "Plan B" operating budget, it resulted in a $279,000 reduction to the Planning Department's budget, which he explained is the reason why the present amendment to the heritage by -law is before Council. Mr. Forrest stated that should Council chose not to proceed with increased fees for heritage permits, then his department will have a $10,000 deficit in 2012, noting that the money will need to be found elsewhere. Responding to a question, Ms. Hamilton advised that the proposed $100 fee would not recover the entire cost of an application, noting that the estimated cost is $400 per application to process. Councillor Sullivan called a point of order noting that there is no motion on the floor to debate. A motion was moved by Deputy Mayor Chase and seconded by Councillor Higgins to deny first and second reading of the by -law. A motion moved by Councillor Sullivan and seconded by Councillor McGuire to table the matter was subsequently withdrawn by the mover and seconder. Deputy Mayor Chase moved a motion, which did not receive a seconder, to refer the matter to staff for a meeting with the Heritage Development Board. On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the proposed increases in heritage fees not be approved and further that the heritage grant be reduced from $100,000 to $90,000. Mr. Yeomans stated that by changing the 2012 budget the city would no longer comply with the budget that has been submitted to the Province, adding that he would like to speak with the City Solicitor to discuss the effect of the operating budget being modified subsequent to the city's tax rate being set. Question being taken, the motion was carried with Deputy Mayor Chase and Councillor Higgins voting nay. On motion of Councillor Farren in 96 -706 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 Seconded by Councillor Sullivan RESOLVED item 9.4 Proposed By -Law to Amend the Saint John Heritage Conservation Areas By -Law, be received for information. Question being taken, the motion was carried. 19 96 -707 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 (Le conseiller Norton quitte la seance.) 9.4a) Proposition d'arrete modifiant I'arrete relatif aux aires de conservation du patrimoine de The City of Saint John 9.4b) Lettres d'opposition concernant les modifications proposees de I'arrete relatif aux aires de conservation La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification de 1'arrete relatif aux aires de conservation de The City of Saint John, et que des lettres d'opposition ont ete reques. M. Beaulieu recommande que le conseil procede a I'audience publique, toutefois, it suggere de reporter les premiere et deuxieme lectures pour permettre au bureau de I'avocat de modifier la formulation de 1'arrete. Le maire invite le public a exprimer son opposition quant a la modification de 1'arrete relatif aux aires de conservation du patrimoine de The City of Saint John. Wayne Dryer, Robert O'Neill, Donna Reardon, Hazel Braithwaite et Joan Pearce expriment leurs inquietudes a 1'egard de I'augmentation des droits a payer et de la reduction des subventions de conservation du patrimoine. Le maire invite le public a exprimer son appui quant a la modification de 1'arrete relatif aux aires de conservation du patrimoine de The City of Saint John, mais personne ne prend la parole. En reponse a une question, M. Forrest indique que le budget 2012 original qu'il a soumis pour le service d'urbanisme ne contenait aucune recommandation pour une augmentation des droits lies au patrimoine ou une diminution de la subvention. Toutefois, it precise que le budget d'exploitation du « Plan B » adopte par le conseil a entraine une reduction de 279 000 $ au budget du service d'urbanisme, ce qui est la raison pour laquelle la modification actuelle de I'arrete sur le patrimoine est presentee au conseil. M. Forrest declare que, si le conseil choisit de ne pas aller de ('avant avec I'augmentation des droits de permis en matiere de patrimoine, son service accusera un deficit de 10 000 $ en 2012 et qu'il faudra trouver I'argent ailleurs. En reponse a une question, Mme Hamilton precise que le droit de 100 $ qui est propose ne permettrait pas de recuperer le cout entier d'une demande, dont le traitement est d'environ 400 $. Le maire suppleant Chase propose, appuyee par le conseiller Higgins, que premiere et deuxieme lecture soit rejetee. Conseiller Sullivan et Conseille McGuire propose reporte le point, L'auteur retire sa proposition avec I'accord du conseiller qui I'appuie. Le maire suppleant Chase presente une proposition mais elle n'est pas appuyee. Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que I'augmentation proposee des droits concernant le patrimoine ne soit pas approuvee et que la subvention liee au patrimoine soit reduite de 100 000 $ a 90 000 $. M. Yeomans mentionne qu'en changeant le budget 2012, la Ville ne respecterait plus le budget qui a ete presente a la province. II ajoute qu'il aimerait discuter avec I'avocat municipal de 1'effet d'une modification du budget d'exploitation apres que le taux d'imposition de la Ville a ete etabli. A ('issue du vote, la proposition est acceptee. Le maire suppleant Chase et la conseillere Higgins votent contre la proposition. Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que le point 9.4 Proposition d'arrete modifiant 1'arrete relatif aux aires de conservation du patrimoine de 20 96 -708 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 The City of Saint John soit accepte a titre d'information. A Tissue du vote, la proposition est adoptee. 11.4 Pension Board Governance (Councillor Farren) (Councillor Norton re- entered the meeting) On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the Common Clerk be directed to ask the Superintendent of Pensions for the Province of New Brunswick to suggest to the Saint John Common Council and the Provincial Government a proper mix of employee representatives and professionals from our community to carry out the mandate of the Pension Board on a go forward basis. Councillor Court advised that he does not support the motion, noting that in his view the board currently has the right mix of representatives. Councillor McGuire stated that the motion is not based on facts, noting that he does not support it. Councillor Snook would like to refer the matter to the City Solicitor for legal advice. Councillor Sullivan advised he cannot support the motion due to the timing. Councillor Court called a point of order noting that the motion that was read aloud is different from the written submission by Councillor Farren. The Mayor advised that the motion on the floor is that which appears in Councillor Farren's submitted letter. Question being taken, the motion was carried with the Mayor and Councillors Court, McGuire, and Sullivan voting nay. 11.4 Administration de la Commission du regime de retraite (conseiller Farren) (Le conseiller Norton reintegre la seance.) Proposition du conseiller Farren Appuyee par le conseiller Norton RESOLU que la greffiere communale soit chargee de demander au surintendant des pensions de la province du Nouveau - Brunswick de suggerer au conseil communal de Saint John et au gouvernement provincial une combinaison appropriee de representants d'employes et de professionnels de la collectivite pour mener a bien le mandat de la Commission du regime de retraite a compter de maintenant. Le conseiller Court indique qu'il n'appuie pas la motion en mentionnant que, selon lui, la representativite actuelle de la Commission est adequate. Le conseiller McGuire declare que la motion n'est pas etablie sur des faits; it n'appuie donc pas la proposition. Le conseiller Snook aimerait soumettre la question a I'avocat municipal pour obtenir un avis juridique. Le conseiller Sullivan indique qu'il ne peut pas appuyer cette motion en raison du moment ou elle est presentee. Le conseiller Court souleve une objection et indique que la motion qui a ete lue a voix haute est differente de la soumission qui a ete ecrite par le conseiller Farren. Le maire indique que la motion presentee est celle qui se trouve dans la lettre du conseiller Farren. A Tissue du vote, la proposition est acceptee. Le maire ainsi que les conseillers Court, McGuire et Sullivan votent contre la proposition. 15.2 Options for Council to Consider Re: Bally Desmond Subdivision (Cost Estimate Removed for Privacy Reasons) 21 96 -709 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 Referring to the written submission from Mr. Mallett, Mr. Forrest stated that the suggestions appearing in the letter would not comply with the subdivision by -law, noting that the by -law requires the developer to connect the roads. Mr. Forrest suggested that the letter be referred to staff for a report and recommendation. On motion of Councillor Court Seconded by Councillor Farrent RESOLVED that the letter from Mr. Joe Mallett regarding Bally Desmond Subdivision, dated March 9, 2012, be referred to the City Manager and the City Solicitor for a report and recommendation in two weeks' time. Question being taken, the motion was carried. (Councillor Farren withdrew from the meeting) On motion of Councillor McGuire Seconded by Councillor Higgins RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried with the Deputy Mayor and Councillors Snook and Sullivan voting nay. (Councillor Farren re- entered the meeting) 15.2 Options que le conseil doit prendre en compte concernant le lotissement Bally Desmond (estimation des couts retiree pour des raisons de confidentialite) En se reportant a la demande ecrite de M. Mallett, M. Forrest indique que les suggestions figurant dans la lettre ne seraient pas conformes a 1'arrete concernant le lotissement, en precisant que selon I'arrete, le promoteur doit relier les chemins. M. Forrest suggere de transmettre la lettre au personnel aux fins de preparation d'un rapport et d'une recommandation. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que la lettre de M. Joe Mallett concernant le lotissement Bally Desmond, datee du 9 mars 2012, soit transmise au directeur general et a 1'avocat municipal aux fins de redaction d'un rapport et d'une recommandation d'ici deux semaines. A Tissue du vote, la proposition est adoptee. (Le conseiller Farren quitte la seance.) Proposition du conseiller McGuire Appuyee par la conseillere Higgins RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de 1'arrete procedural. A Tissue du vote, la proposition est acceptee. Le maire suppleant et les conseillers Snook et Sullivan votent contre la proposition. (Le conseiller Farren se joint de nouveau a la seance.) 12. Business Matters- Municipal Officers 12.1 City Manager: Zoning By -Law Review: Public Launch Referring to a submitted report and recommendation, M. Reid, Senior Planner, provided an overview of the zoning by -law review and he responded to questions from Council members. On motion of Councillor McGuire Seconded by Councillor Snook 22 96 -710 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 RESOLVED that the submitted report M &C 2012- 050: Zoning By -law Review: Public Launch, be received for information. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Examen de I'Arrete de zonage : lancement public Faisant reference a un rapport et a une recommendation soumis, M. Reid, urbaniste principal, presente un aperqu de 1'examen de I'Arrbte de zonage, puis repond aux questions des membres du conseil. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le rapport soumis M/C 2012-050: Examen de I'Arrete de zonage : lancement public, soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 12.2 City Manager: Contract 2010 -19: Harbourview Subdivision Water System Disinfection On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the submitted report M &C 2012- 049: Contract 2010 -19: Harbourview Subdivision Water System Disinfection be received for information. Question being taken, the motion was carried. 12.2 Directeur general : Contrat no 2010 -19 : Desinfection du reseau d'aqueduc du lotissement Harbourview Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que le rapport soumis intitule M/C 2012- 049 : Contrat no 2010 -19 relatif a la desinfection du reseau d'aqueduc du lotissement Harbourview soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.3 City Manager: Peel Plaza Project Public Plaza Component Referring to a submitted report, Mr. Edwards provided information on the proposed Peel Plaza Project public plaza component advising that he is seeking Council's approval to proceed with the Request for Proposal ( "RFP ") process. On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -051: Peel Plaza Project Public Plaza Component that the City proceed to call tender for the construction of the Public Plaza. Responding to a question, Mr. Edwards stated that the sub - committee of the Peel Plaza Steering Committee has not yet determined when it is the best time to develop the city - owned properties in the area of Peel Plaza or to sell them, noting that the committee is willing to consider any proposals on said properties. Mr. Edwards, responding to a question about the possibility of reducing the size of the parking garage, stated that it would not be possible as the precast concrete components of the garage have already been made and are ready to be erected. Deputy Mayor Chase stated that he does not support the motion. Councillor Farren stated that he does not support the motion, noting that he would rather use the money for the public plaza towards Council's priorities. 23 96 -711 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 Councillor Snook stated that he does not support spending additional funds on the Peel Plaza, noting that Council should be scaling back the project. Responding to a question, Mr. Edwards advised should Council adopt the call for tender resolution, then a recommendation would be submitted to Council once the tender has closed at which time he noted Council would have a final opportunity to vote on the award of the tender. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Farren, Higgins and Snook voting nay. 12.3 Directeur general : Projet de la place Peel — Place publique Faisant reference a un rapport soumis, M. Edwards fournit des renseignements sur le projet de la place Peel — place publique, et it indique qu'il sollicite I'approbation du conseil afin de proceder a la demande de propositions. Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -051 : Projet de la place Peel — Place publique, la Ville procbde a I'appel d'offres pour la construction de la place publique. En reponse a une question, M. Edwards indique que le sous - comite du comite directeur de la place Peel n'a pas encore determine le meilleur moment pour amenager les terrains municipaux dans la region de la place Peel ou les vendre. 11 ajoute que le comite est pret a etudier toute proposition relative auxdits terrains. En reponse a une question a propos de la possibilite de reduire la taille du garage de stationnement, M. Edwards indique que cela ne serait pas possible, puisque les elements en beton prefabriques du garage sont deja prets a titre places. Le maire suppleant Chase declare qu'il n'appuie pas la proposition. Le conseiller Farren indique qu'il n'appuiera pas la motion en mentionnant qu'il consacrerait plutot I'argent de la place publique aux priorites du conseil. Le conseiller Snook indique qu'il n'est pas d'accord avec I'idee de depenser des sommes additionnelles sur la place Peel et que le conseil devrait reduire la taille du projet. En reponse a une question, M. Edwards indique que si le conseil adopte la resolution relative a I'appel d'offres, une recommendation sera presentee au conseil aprbs la cloture de cet appel et it aura alors une derniere occasion de voter sur ('adjudication de la soumission. A ('issue du vote, la proposition est adoptee. Le maire suppleant Chase ainsi que les conseillers Farren, Higgins et Snook votent contre la proposition. 13. Committee Reports 13. Rapports deposes par les comites 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du Conseil 15. General Correspondence The following agenda items were forwarded to the Council agenda of March 26, 2012: 15.1 Cities of New Brunswick Recommending Council Adopt By -Law Re: Jacob Brakes 15.3 3rd Field Regiment RCA Requesting Letter of Support 15.4 Canadian Aviation Historical Society Turnbull Chapter Requesting that the Link with World War Two 410 Squadron Be Reestablished 24 96 -712 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 12, 2012/LE 12 MARS 2012 15. Correspondance generale Les points suivants sont reportes a la seance du conseil du 26 mars 2012 : 15.1 Villes du Nouveau - Brunswick recommandant au conseil d'adopter un arrete relativement aux freins Jacob 15.3 Demande de lettre d'appui emise par le 3e Regiment d'artillerie de campagne, Artillerie royale du Canada 15.4 Demande de la Canadian Aviation Historical Society (section de Turnbull) en vue de retablir le lien avec le 410e escadron de la Seconde Guerre mondiale 16. Adjournment The Mayor declared the meeting adjourned at 11:00 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 23 h. Mayor / maire Common Clerk / greffiere communale 25 Attention to: Mayor & City Council City of Saint john Proposal for: Dream Catchers Entertainment ltd Modified Addiction Auto Show on Canada Day: Company's summary: Dream Catchers Entertainment ltd is a recently newborn Event Promoting company founded by two passionate young entrepreneurs: Karine LeBlanc and Gregory Lawrence. This dynamic duo focuses on bringing exciting entertainment in the hopes of enhancing the touristic audience throughout the city of Saint John N.B. DCE ltd. hosted the 15, largest annual Modified Addiction auto show at the Saint John Harbour Station on August 6d, and 7eh of last year. This auto show successfully brought a vast audience from all different parts of the Maritimes. Furthermore, DCE ltd. is organizing the 1s, annual Maritime Bodies bodybuilding show taking place at the Imperial Theatre this April 71h 2012. Maritime Bodies will be showcasing fitness and athleticisms at its best for the viewing pleasure of their spectators. DCE ltd. is approaching the City of Saint John in the hopes of collaborating on a new venture expecting to once again enhance the touristic audience of Uptown Saint John: Event proposal suininary: Dream Catchers Entertainment ltd. is requesting the usage of uptown King Street for their 2nd annual Modified Addiction Auto Show on July V 2012 during the Canada Day Rhodas flea market occurrence. This would require the blockage of King Street starting at the intersection of Prince William up to the top of the lights by King Square and Royal Bank. We are inviting the City of Saint John to be part of this exciting event addition with an approval from the board. We have already discuss the blocking of the streets with the Sergeant of Police traffic control Jeff LaFrance and we are working together to ensure roads are properly blocked off. Dream Catchers Entertainment ltd. hosted last year 1st annual Modified Addiction Auto Show at the Saint John Harbour Station on August 61h and 71h. We trust that by adding the auto show to the Flea Market Uptown Saint John will positively increase in attendees. Dream Catchers Entertainment ltd. understands how Saint John is constantly working at demonstrating Uptown's appeal, therefore we believe that we should all work together in ensuring that we add as many diverse delights to guarantee growth in audience. There will be no fee to enter the car show for spectators. Dream Catchers Entertainment ltd. is very aware of the procedure needed to be taking care of for such a demand; as a result we have placed together a proposal explaining our responsibilities towards this type of happening. Dream Catchers Entertainment ltd. responsibilities will be as followed: DCE ltd. will ensure to provide the auto show with security; ensuring safety at the event DCE ltd. will guarantee to follow the Saint John's city ordinances in regards of blocking King street DCE ]td. will be responsible for cleaning of the area used for the Modified Addiction Auto Show after the happening. DCE ltd. will be accountable to insure the Modified Addiction auto show. DCE ltd. will take care of connecting with Rhodas Flea Market to collaborate together on this event DCE ]td. will take care of advertisement; including all additional uptown occurrences during the Modified Addiction auto show. Dream Catchers Entertainment ltd. would like to schedule a meeting to acquire the city's opinion and view on this proposition. Let us know when a suitable time would be to meet as we understand how complex these types of demands can be and would like to be able to agree on a rational decision. We are hoping that the city of Saint John will consider our request and are looking forward on hearing from you. We would need this completed by April 30, 2012 to properly prepare for this event in advance. Sincerely, Greg Lawrence 26 April'.', 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: RE: Request to Present We are looking to present a brief video and PowerPoint to Council on April 23rd, 2012 in regards to the National Organ & Tissue Donor Awareness Week. Yours Kevin Standing 27 TURNBULL CHAPTER NEW BRUNSWICK , 2012 Mayor & Common Council City of Saint John PO Box 1971 Saint John, NB Dear Mayor and Councillors: The Canadian Aviation Historical Society Dedicated to the Preservation of Canada's Flying Heritage Saint John - the Birthplace of Canadian Aviation RECEIVED COMMON CLERK'S OFFICE MAR 2 7 2012 CITY OF 0- Al JOHN As you may be aware, the first aircraft flight in Canada took place at the Lower Cove in 1840. The first powered airplane flight in New Brunswick took place at the same location in 1912. This year we are commemorating this centennial of powered aviation with our national aviation history conference plus a range of other displays and activities. We ask that you celebrate with us by considering these aviation related names for future street developments in either Millidgeville or near the Loch Lomond Airport: +Silas Alward Cheesman - famous bush pilot and RCAF member and first Canadian to fly to the South Pole. +Jimmy Wade, BEM - distinguished bush pilot, first personal pilot for KC Irving. +Jack Myles, DFC - distinguished RCAF pilot and local architect who designed the M.G. Teed School. -Joseph Arrowsmith - founder of New Brunswick's first airline, Maritime Airways, in Saint John. -Louis Anselmo Lauriat - the pilot of the 1840 Balloon. +Red Devil - the name of the first airplane to fly in New Brunswick which is now in an American museum. -Millar Brittain, DFC - distinguished and decorated member of the RCAF who later became an official war artist. -The name Aviation Drive should also be considered. In the 1960s Council was asked to name a street for S.A. Cheesman but that never happened. Thank you. Yours truly, Tm Sulis vPresident 346 Summit Drive Saint John, NB E2J 3M2 Cg!qa p i REPORT TO COMMON COUNCIL April 10, 2012 M &C2012 -68 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: TRAFFIC SIGNALS AT IRVING OIL REFINERY The City of Saint john Irving Oil Limited (IOL) has requested that traffic signals be installed on Loch Lomond Road at the entrance to the IOL refinery at 340 Loch Lomond Road. In response, City staff requested IOL to undertake a traffic study to determine whether the installation of traffic signals would be appropriate at this location. The traffic study has been completed, and staff is satisfied that traffic lights could be appropriate at this location. Whereas this installation of traffic signals is at the request of IOL, it is appropriate that IOL provide the funds for the design and installation of the lights. Staff is seeking Council's approval to continue discussions with IOL with the intent of producing an agreement for Council's consideration. RECOMMENDATION Staff recommends that Common Council direct City staff to continue discussions with IOL for the purpose of establishing a cost sharing agreement to be considered by Common Council for the installation of traffic lights on Loch Lomond Road at the entrance to the Irving Oil Refinery. Respectfully submitted, "I /Y Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer Manager, Pedestrian & Traffic Services 4 Wm. Edwards, P.Eng. Commissioner Transportation & Environment 29 J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M & C — 2012 -82 5 April 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: r7l SUBJECT: Tender 2012- 084902T — Reinstatement of Utility Cuts — Concrete BACKGROUND: Tenders were called for the reinstatement of cuts made in concrete sidewalk, curb, and curb /gutter sections over the winter period by Saint John Water crews doing emergency repairs on underground water and sewer infrastructure. This is an annual activity to make permanent repairs of cuts which were temporarily reinstated during the winter period. This work consists generally of the supply of all necessary labour, materials and equipment for the reinstatement of approximately 500 square metres of concrete sidewalk, 400 linear metres of concrete curb, and 30 linear metres of concrete curb /gutter using the methods established in the Municipal Operations General Specifications. Tendering this work will allow City forces to focus their efforts to repair deficiencies that have become more prominent during the winter and spring freeze and thaw cycle. ANALYSIS: Tenders closed on April 4, 2012 with three companies submitting bids. Staffs of Materials Management and Municipal Operations have reviewed the bid submissions and have found them all to be complete in every regard. 30 Page Two ANALYSIS CONT'D... The bids received were as follows: Hi Roc Construction Ltd. Maguire Excavating Ltd. 614046NB Ltd. O/A Midi Construction FINANCIAL IMPLICATIONS: $122,850 $113,930 $101,625 Above amounts are exclusive of taxes This is a planned expenditure and as such funds to cover the cost are included in Saint John Water's 2012 Operating Budget. RECOMMENDATION: It is recommended that tender 2012- 084902T: Reinstatement of Utility Cuts — Concrete Work, be awarded to the low bidder meeting all tender requirements, 614046NB Ltd. O/A Midi Construction, at the tendered price of $101,625 plus HST, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Cindy Calvin Acting Manager - Materials Management Patrick Woods City Manager 31 Gregory Yeomans Commissioner of Finance t REPOR"I", TO COMMON COUN�,11_, M &C -2011 -70 April 3, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Thorne Avenue - One Mile Sanitary Lift Station Forcemain Easement Requirement PID 24091 Mile 0.41 to 0.42 Dry Dock Spur off Sussex S/D Saint John BACKGROUND: City of Saint John In relation to the Harbour Clean -Up project, Common Council has already resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required to a maximum of 125 per cent of the appraised value with intention to promote goodwill, equity, and ultimately negotiated voluntary settlements on value. In order to redirect sanitary sewer flows away from the existing Marsh Creek Waste Water Treatment Plant, a portion of the existing forcemain from the existing One Mile Sanitary Lift Station (Rothesay Ave & Russell St) through to Egbert St must be re- configured in order to deliver those sewer flows to the new Sanitary Lift Station # 4 located off Egbert Street. Design engineers have determined that the favourable corridor for the reconfiguration requires paralleling and crossing Canadian National Railway (CNR) tracks near Thorne Ave. The paralleling component is in and through a 97 sq m +/- portion of CNR land designated as PID 24091. CNR was contacted in order to acquire the necessary land rights for the City. CNR is willing to license this use under the terms and conditions of their Standard Pipe Agreement — Parallelism document. The total cost requested by CNR is $3,500.00 + HST ($36.08/sq m). Real Estate Services compared this price to the price of ($25.40/sq m) paid for a similar easement acquired by the City in 2011 along Dutchman's Creek off Egbert St. Considering the Dutchman's Creek land was much inferior in utility to the CNR land fronting on Thorne Ave., and that the cost of commissioning an appraisal would approach the compensation requested by CNR, the quoted price of $36.08/ sq m is reasonable. 32 Report to Common Council April 3, 2012 Page 2 Additional charges for flagging and/or signal locates are supplementary and will be invoiced separately when work has been completed. RECOMMENDATION: 1. That The City of Saint John accept the terms and conditions contained in the Canadian National Railway (CN) Pipe Approval Letter dated March 29, 2012 attached to M &C 2012 -70, and 2. That The City of Saint John enter into the Canadian National Railway (CN) Standard Pipe Agreement — Parallelism agreement attached to M &C 2012 -70, in and through a 97 square metre +/- portion of lands designated as PID # 24091 along the routing as generally shown on the Crandall Engineering plan # 1081- 1D -1CN attached hereto for the sum of $3,500.00+ HST, if applicable. 3. 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 J. Patrick Woods, C.G.A. City Manager 33 Description of Plan: Rothesay Ave., Thorne Ave., Russell St. Area N CNR Rail Paralleling Mi 0.41 to 0.42 Dry Dock Spur off Sussex Subdivision Date: 04 April, 2012 34 Joao 2 4w RI X1 35 CJ\J Canadian National Region de I'Est du Canada 255 Hump Yard Road Moncton, (Nouveau - Brunswick) E7 E 4S3 Telecopieur: (506) 853 -2757 Y /F: March 29, 2012 City of Saint John Municipal Operations and Engineering 175 Rothesay Ave. St. John, NB E2J 21314 Attention: Kendall Mason Canadian National Eastern Canada Region 255 Hump Yard Road Moncton, N.B. E1 E 4S3 Facsimile: (506) 853 -2757 O /F: 4715- DDS -0.41 to 0.42 RE: _Application for a forcemain parallelinq on CNRight of Way,- Mile 0.41 to 0.42 Dry Doc Spur off Sussex S/D in Saint John N.B. Dear Applicant, Canadian National has no objection to your proposed project to install a forcemain paralleling on ON Right of Way between Mile 0.41 to 0.42 Dry Doc Spur off Sussex S /D, located in Saint John, N.B. providing you meet Transport Canada standard TC E -10. With reference to your submission dated January 23, 2012 and attached copy of plan number 1081 -1 D -1 CN, your application has been reviewed and approved in principle. Arrangements for the installation can only begin when ON 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, SOP 1005 • 4 copies of stamped plans (11 x 17's) ■ Copy of Insurance Certificate • Signed Agreements (3) ■ Cheque for parallelism licence agreement ($3,500.00 plus HST),payabie to : Canadian National Railway Company The engineering, licence agreement, and administration fees associated with this application will be $3,500.00 + 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 ON flagman being present, an amount of $ 5000 shall be billed to you as a penal !y. 36 If one or more trains are delayed, you must pay to Canadian National, under title of Damages of Liquid 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 $ 5,000,000. 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 parry. 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: 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. 2. If requested, a geotechnical laboratory shall send us, by fax at (506) 857 -8789, a report on the advancement of the work. 3. 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. 4. 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. 5. You shall be responsible for locating existing public utilities and if necessary making arrangements with the concerned authorities 37 6. 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 undersigned at (506) 853 -2885 or fax (506) 853 -2757. Pleas e number in any communications with this office. Yours truly, Mark LeBlanc Engineering Technician KN not hesitate to call the quote the Railway's file RE: Proposed forcemaiin pa_ralleting on CN Right of Way — Mile ,0.41 to 0.42 Dry Doc Spur off Sussex S/D, in Saint John, N.B. We have read and understand the terms and conditions of this fetter, and we accept them. Signed at , this _ PERSON IN CHARGE Name in print Title day of 201 _ Name in print Title Signature Signature Return to the attention of Mark LeBlanc: mark. leblanc @cn,ca Fax: (506) 853 -2757 39 WITNESS STANDARD PIPE AGREEMENT — PARALLELISM - PROVINCES OTHER THAN QUEBEC Y /F: O /F: 4715 -DDS -0.41 to 0.42 ,AGREEMENT NO. This Agreement entered into at Of _ 2012. Province of CANADIAN NATIONAL RAILWAY having its head office at 935 de Montreal, Quebec H3B 2M9 (hereinafter called the "Railway") this day COMPANY, a corporation a Gaucheti6re Street West, AND: City of Saint John Municipal Operations and Engineering 175 Rothesay Ave. Saint John, NB E2J 2134 (hereinafter called the "Applicant ") WHEREAS the Railway hereby grants the Applicant the right and privilege to install, use and maintain a forcennain pipe paralleling, within the Railway's right -of -way between Mile 0.41 to 0.42 Dry Doc Spur off Sussex S/D (hereinafter the "works "), in the City of Saint John, Province of New Brunswick, as shown on Plan(s) No. 1081 -1 D -1 CN (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), 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 cables and engineering fees, shall be paid by the Applicant. 6. Should it become necessary or expedient for the purposes of repair or improvement on the said Railway that the works be removed, relocated or modified, the Applicant shall, at its risk and expense, comply with the request of the Railway, failing which the Railway shall have the right to execute or have executed, at the risk and expense of the Applicant, any work required to remove, relocate or modify the said works. 7. In addition to any other amounts payable by the Applicant pursuant to this Agreement, as compensation for the rights and privileges herein granted and until Clause 13 is invoked, the Applicant .m -2- shall immediately pay a non - refundable one -time lump sum of $3,500.00, plus the applicable H.S.T. All sums payable pursuant to this clause shall be payable to the order of the Railway, care of its authorized representative, at such address as the authorized representative shall provide. 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. 8.1 Without limiting the generality of Clause 8 of this Agreement and notwithstanding the submission by the Applicant of any Working Drawing or other plan pursuant to the terms of this Agreement or the subsequent approval of such Working Drawing by the Railway, or the failure, if any, to properly verify that a Working Drawing conforms to all applicable rules, requirements and specifications established from time to time by Transport Canada, and notwithstanding the Railway's supervision, if any, the Applicant shall indemnify and save harmless the Railway from and against any Liability, resulting from any Maintenance Work, Construction/Alteration Work or access to the Works (including any act or omission by a flagman) and the use and operation of the forcemain pipe. 8.2 The Applicant acknowledges that installing the forcemain pipe on the Works provides some risk that it may be damaged in the course of train operations. Therefore, notwithstanding any other provision in this Agreement to the contrary, the Applicant releases the Railway from any loss, damage and/or claim the Applicant may have against the Railway resulting from derailments or other accidents of a similar catastrophic nature, from vibration or other activities of the Railway in the ordinary course of its operations. 8.3 Notwithstanding anything to the contrary in this Agreement, and without limiting the obligations of the Applicant, the Applicant specifically indemnifies the Railway against, and releases the Railway from, any Liability for indirect or consequential damages or damages for pure economic loss, whether or not attributable to or contributed to by the negligence or willful misconduct of the Railway or any one the Railway may be responsible for at law. 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 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. 41 W] 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 Contamination 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, the Applicant shall remove such facility, subject to the provisions of Clause 15. The Applicant shall have the burden of proving that any Environmental Contamination has not resulted from or occurred during its occupation or use of the Premises. 9.5 The responsibility of the Applicant to the Railway with respect to the environmental obligations contained herein shall continue to be enforceable by the Railway notwithstanding the termination of this Agreement. 10. The Applicant shall, at its sole expense, provide and maintain in full force and effect during the term of this Agreement, and for any subsequent renewal term, insurance coverage as follows: 10.1 Commercial General Liability, in the amount of no less than five million dollars ($5,000,000) per 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. 11 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: W, -4- 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 Municipal Operations and Engineering 175 Rothesay Ave, St. John, NB E2J 2B4 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 date 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. 15. Prior to the expiry of the present Agreement or, in the cancellation of the Agreement within a period determined in writing by the Railway, the Applicant will, at its risk and expense, remove from the Railway's property all works constructed under this Agreement, as well as all material not belonging to the Railway, except for the metal casing which will remain in place in perpetuity. As for the pipe installed inside the metal casing, the Applicant will at its discretion have the option of either leaving the pipe or removing it. The Applicant will be required to fill the casing and any pipes left within with cement and restore the Railway's property to the satisfaction of the Railway. Should the Applicant fail to comply with the requirements of this Clause, the Railway reserves the right, at its discretion, to do the work that the Applicant should have done in accordance with this Clause, or to have the work done, at the risk and expense of the Applicant. Under such circumstances, all the material located on the Railway's property shall become the property of the Railway, without compensation to the Applicant and without prejudice to 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 43 -5- IN WITNESS WHEREOF the parties hereto have executed these presents as of the day and year first above written. Witness for the Railway Witness for the Applicant CANADIAN NATIONAL RAILWAY COMPANY Richard K. Paton Regional Manager, Eastern Canada I am authorized to bind the Company APPLICANT Name: Title: I am authorized to bind the Company Witness for the Applicant Name: Title: I am authorized to bind the Company .. 06L - 3- "Expect the movement of a train, engine, rail car or track unit at any time, an any track, In ether dlre+ctian. Protect yourself and others from the movement of trains, engines, rallcars 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 immediately at: 1 -800- 465 -9239 Alternatively, contact CN's Network Operations Centre in Edmonton at: 1- 800 -661 -3963 Before any digging is performed on CN property, proper clearance and Instructions must be obtained through the Information Technology Command Centre (ITCC Network Management Centre) at: 1- 800 -661 -3687 or 1- 800- NOI -FOTS Xn an emergency, any object waved violently by anyone on or near the track is a signal for trains to stop. Violation of CN's "Risk Management Policy" or contravention of these guidelines may result In the immediate removal of the Contractor or the offending personnel from CN property. Co11 Rillance With 60yernme .��son,1 nt ReauEa_ ...�..�_ Contractors shall follow all applicable Federal, Provincial, State, 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 Risk Management 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 (Permits, Licenses, Contract Documents, Contractor Safety Approved Sticker 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. 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 eight (B) meters or approximately twenty- five (25 Feet) of the centerline of the nearest rail except In the presence of a CN assigned person. CN assigned persons 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. (Exemptions may apply as authorized by system safety department) 5. Equipment operating within eight (8) meters or approximately twenty five (25 feet) of the nearest rail must come to a complete stop prior to the passage of engines, railcars, or track units. (Exemptions may apply as authorized by system safety department) 6. No vehicle or heavy equipment may be situated or moved closer than five (5) meters or fifteen (15 feet) from the nearest rail unless a CN assigned person has placed a block on train movements. (Exemptions may apply as authorized by system safety department) December 2005 45 7 7. Upon the passage of a train, Contractor's personnel shall stand no closer than five (5) meters or fifteen (15 feet) from any switch stand and, if possible, on the opposite side of the track. (Exemptions may apply as authorized by system safety department) 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 eight (8) meters or approximately twenty five (25 feet) of standing railway equipment. 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 (Please refer to previous page for contact number to call for authority). 11. In accordance with CN's safety standards, contractor's personnel must wear CN required personal protective equipment at all times while on CN rtght -of -way. Such equipment will include hard hats, safety footwear, (protective footwear shall meet or exceed CSA 2195 and /or ANSI 41.1, shall cover and support the ankle and have a defined heel a minimum of 13 mm (1/2 inch) and shall not exceed 25 mm (1 Inch), boots must be equipped with laces, which must be laced to the top and tied) safety glasses and reflective apparel. Hearing and respiratory protection and fall arrest equipment shall be worn where signs are posted or when a potential hazard exists. 12. No CN plant, signal, structure, equipment or property of any kind may be tampered with, modified or removed. 13. "Hi -rall" equipment shall only be operated on the track by personnel qualified in the latest version of the "Canadian Rail Operating Rules ". 14. Horseplay, practical Jokes, fighting or any other activity that may create a hazard will not be tolerated. 15. Contractor's personnel shall immediately abide by Instructions from CN personnel. D Contractor's personnel will be bound by the provisions of CN's " Emblems" 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. PoliclL StiIndard : The Contractor Is to ensure that all employees and employees of sub - contractors adhere to the following standards when on CN business or premises: I. 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, S. Report fit for duty and remains fit for duty. 2. Poilcv Violation Proce dures: Where a CN representative 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. z.. 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. December 2005 M 8 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' QjlseguenM of A101,2ti2n'. Failure of the Contractor, its employees or sub - contractors to meet these standards will be considered a breach of contract. ii - Firearms (loaded or empty) are not o rmi= on CN property, except for CN Police officers and other designated Persons performing authorized work and when authorized to do so. In all cases, any firearms must be accompanied with a written authorization from the Chief of CN Police and the person should have in his possession all pertinent government permits. Ex— ploy- e� No explosives will be permitted on CN property without written CN approval. Vas Contractor's vehicles on the site must be In safe operating condition. Operators must observe all site speed Ilmits. Unattended vehicles must not be left running unnecessarily. Where they must be left running, the hand brake must be applied. The operator Is responsible for the safety of all passengers and the stability of materials being transported. Smoking in tWWork,12_1j1ce Smoking is not permitted in any CN Interior workplace or motor vehicle. S€ -'>jrily 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. fMCE900cv Evacua ioo i rocearll..res 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 slte. Unsafe C&MRIons or Prillictiges 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. All accidents / incidents occurring on CN property, 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 (i.e. Company Officer assigned as Liaison to Contractor) within seven (7) days detailing the nature of the incident, the cause(s), regulatory authorities notified, and a specific action plan to prevent recurrence. December 2005 47 E 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. Quallfled personnel to render first -ald treatment. 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: I. Contractor's name, address and telephone number, 2. Date of qualification 3. Employee's full name and personal Identification details (e.g. Driver's License No. ) 4. Name of Contractor's representative issuing the card. Such personnel shall also have a CN approved sticker (CN Safety Guidelines for Contractors Sticker) affixed to Contractor's personnel hardhat. Audio. and visual n 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. Contractor Ack-nowle gement Contractors' employees or sub - contractors are required to familiarize themselves with the Contractor Safety Video entitled "Consider Yourself one of Us " and the "Safety Guidelines for Contractors Annex D ", at Contractor's employees must complete the Contractor orientation Course. The contractor /sub - contractor must sign the proper document to confirm compliance to the above. December 2005 .• 10 SECTION D Jill 1, -JA Z-1-FiT1111111 11111111111111111111111111 1 M14 NIL • \ ►rte _ i .� ► r • - ► .► .A L6J i L. 1. ,: ► • \ .. .►. • ►. ► IntrOuctinn; The objective of this document is to outline CN's Safety Guidelines for Contractors and non -CN personnel. For the Purposes of this document "Contractor" may also apply to individuals on CN property, whether under contract to CN or not. These guidelines are not to be considered as a substitute for the applicable government regulations. These guidelines are the minimum requirement and must be exceeded where the hazard or government regulations warrant. It Is not possible to deal with every hazard In this one handbook. These guidelines are to be employed in conjunction with Government Acts, Regulations, local Ordinances and good judgment to facilitate the safe completion of the work. Additional Information regarding safe work practices may be Included In contract documents and specifications. In the event of a discrepancy between these guidelines and the contract, the contract shall govern. CN's Basic Safety Requirements The Contractor's attention Is drawn to the following highlights from CN's "Basic Safety Requirements ": i. Take all reasonable measures to ensure the protection of employees, customers, property, and the general public. 2. Address promptly all environmental and safety concerns. 3. Analyze all accidents or Incidents resulting In, or having potential for, loss or Injury, and take remedial action promptly to prevent recurrence. 4. Require ail persons granted access to Company property to comply with applicable Risk Management policies, standards, and procedures. 5. Provide employees with appropriate training to enable them to work safely. 5. Inspect personal protective equipment (PPE), tools and equipment before use to ensure that they are in good, working condition. i 7. Contractors' employees or sub - contractors are required to familiarize themselves with the Contractor Safety Video entitled "Consider Yourself one of Us " and the "Safety Guidelines for Contractors Annex 17 ", at w on a r . Contractor's employees must complete the Contractor Orientation Course. CN's Risk Management policy is premised on the following: • to work in a safe manner is a condition of employment /Contract • all accidents or Incidents resulting in loss or injury are preventable; • it is possible to eliminate or safeguard all operating conditions that may result in injury, property damage, or other losses; • employees must be provided with appropriate training to enable them to work safely; • employees and management must work jointly in efforts to promptly resolve and improve safety and health conditions In the workplace; December 2005 ,• 31 CN APPENDIX 1 Costs of signalling and S &C employees (signalling and communication) are invoiced at a fixed rate, based on time passed on the building site by the employee. The rates include the travel time of the employee, his expenditures and his vehicle, but exclude the applicable taxes. The costs also include time required for the installation of the necessary equipment to establish protection against railway circulation, in accordance with the Rules of Railway Exploitation of Canada or any other CN safety regulations (flags delimiting the protection area). Since certain protection measures require a license emitted with a fixed duration acquired by the railway circulation controller, signalling employees must remain on the building site until the expiry of the license, and this even if the work has been completed. Costs (daytime hours, from Monday to Friday) SIGNALLING PROTECTION (4-6 HOURS ON SITE) Minimal time charged by employee — 6 hours Additional hours ( *) 870$ 145$ CABLE LOCATION Minimal time charged by employee — 4 hours 576$ Additional hours ( *) 144$ Costs (daytime hours, Saturday & Sunday) LING PROTECTION (4-6 HOURS ON SITE) Minimal time charged by employee — 6 hours Additional hours ( *) 1230$ CABLE LOCATION Minimal time charged by employee — 4 hours 824$ Additional hours ( *) 206$ Quarter of the 8 hour arrangement is included towards the time of transportation for the employee. Only for exceptional circumstances will CN grant signalling protection exceeding this period of time or during weekends. This permission must be obtained during the original request concerning the proposed work. Note: The total invoiced time will be rounded up to the subsequent hour. Example 1 : Monday, January 2, 2012, a CN signaling crew remains on site for 3 hours. The invoiced amount shall be of 870$. Example 2 : Thursday, January 5, 2012, an S &C employee remains on site for 6.6 hours. The invoiced amount shall be of 1,008$. 50 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 requirements for safe, effective excavating practices in the vicinity of underground Signals and Communications ( "S &C ") cable on the Railway 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 safe and reliable Railway operation. CN has several external customers who have fibre optic cables along CN's Right -of -Way. The economic importance of fibre optic facilities continues to increase, as these fibre networks expand in both scope and capacity. Excavation Excavating includes any activity that results in an opening being made in the Definition ground, including, but not exclusive to, digging, trenching, plowing, auguring, pile driving, blasting, directional boring, installing sign posts and pipe pushing. This may include surfacing activities where machinery or equipment can damage or break cable and support structures which have been installed at or near ground level e.g.: bridges, culverts, underground passageways, station platforms. Fibre Fibre territories are those segments of the Right -of -Way where fibre optic Territories cables are found. Fibre optic cables are now installed on all of CN's main Definition corridors and may be located anywhere along the Right -of -Way. The limits of the Right -of -Way should be considered from the center of track(s) to the CN property line. 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 shall sign the document "Important Memo to Contractors" found in Appendix 1 of this Code of Practice confirming they have read and that they will abide by the associated terms and conditions. Continued on next page D. Tay March 1, 2001 Page 1 of 11 SCP - 10055 Approved 51 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Potential Damage to underground cables can have a severe impact on the operations of Impact of both CN and its external customers. CN Centralized Traffic Control, Disruptions to Engineering and Train to Wayside Radio Communications and CN's CN and Its WAN/LAN backbone can be disrupted resulting in service and operational Fibre problems. Customers In addition, the fibre optic network installed on CN is utilized by clients that offer important services such as, cable, banking, national defense, air -traffic control and emergency communication services (i.e. 911). Damage or cuts to cable thereby affects a much wider range of operations and services. 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. Continued on next page D. Tays March 1, 2001 Page 2 of 11 SCP - 1005 Approved 52 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued At Bridges, Cables are usually coiled near cable ends, at splice pedestals, tunnels, bridges, Pedestals & bungalows, road and track crossings and some culverts. Cable coils can be of Bungalows unequal size, unequal depth, and are nearly impossible to locate accurately with cable locating equipment. Where excavating or digging near fibre cable coils, the entire coil shall be located and exposed by hand digging or using CN approved vacuum equipment. Locating a portion of the cable coil and assuming the location of the remainder of the coil is not acceptable. Direct Buried Signal, power, fibre optic and other high capacity communication cables are Cables typically buried directly in the sub grade, and generally, but not always, parallel to the railroad tracks typically at a 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 ineters (4 feet), however depths of only 45 centimeters (18 inches) or less may be encountered near underground obstructions such as culverts, station platforms, passageways or approaches to bridges and tunnels. 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. Common Wherever possible, a common trench is used when installing power, fibre optic Trench 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. Continued on next page D. Tays March 1, 2001 Page 3 of 11 SCP - 1005 Approved 53 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Cable Markers Permanent cable markers are installed only to indicate the presence of buried cable and are not meant to indicate the precise location of the cable. Permanent cable markers are not necessarily placed directly above buried cables. Preparation for Excavators must contact the Network Management Centre (NMC) before Excavation excavating along the railway Right -of -Way. The NMC will arrange to have Work Division S &C forces locate and mark the location of fibre optic, power, and other S &C cables prior to excavation. Division Engineering (Engineering Services) shall be responsible to ensure that outside contractors, who are hired to perform various excavation services on CN's Right -of -Way, are familiar with the instructions contained in this document. Division Engineering shall advise the local S &C Supervisor and NMC of the location, date and nature of the work to be performed. Precautions Prior to commencement of any type of excavation along the Right -of -Way, the Prior to S &C employee (Foreman -in- charge) must notify NMC. The S &C employee Excavating shall provide their name, location where work will be performed, a description of the work and instructions on how they can be contacted. Excavation work shall not proceed unless authority has been granted by NMC. When excavation activities are being conducted by outside contractors or Track forces, within 2 meters of an underground cable, the designated S &C Maintainer or other qualified S &C employee shall remain at the excavation site until all excavation work is completed. Cable Locates Cable locates are to be completed in accordance with the Guidelines for Cable Location. These guidelines are located on the CN Intranet S &C Homepage under Documents/Fibre/Guidelines for Cable Location. Cable locates shall be requested a minimum of 72 hours in advance of the scheduled excavation work. Outside contractors responsible for the excavation work shall be present when the cable locate is being performed. Continued on next page D. Tays March 1, 2001 Page 4 of 11 SCP -1005 Approved 54 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, continued Cable Location The following cable location marking guideline, which is representative of Marking industry standards, is a good practice to follow when identifying the location of underground cables and utilities prior to excavation: Mark the location of the With... Using... underground A series of 8 foot straight lines, White spray paint Fibre or communications cable A series of 4 foot long lines Fluorescent orange paint directly over the cable Power or signal cables A series of 4 foot long lines Fluorescent red paint directly over the cable Gas, chemical or petroleum A series of 4 foot long lines Fluorescent yellow paint utility distribution pipe directly over the pipe Water or sewer pipe A series of 4 foot long lines Blue paint directly over the i e Mark the limits of the... With.... Using... Hand Excavation only zone A series of 8 foot straight lines, White spray paint (1) meter parallel to and on each side of the cable or utility line Continued on next page D. Tays March 1, 2001 Page 5 of 11 SCP - 1005 Approved 55 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Precautions Railway excavation experience has proven there are certain situations where When the risk to damaging in service S &C cables is increased and special precautions Excavating are necessary. The following describes various situations and the method to use to avoid damaging any buried cables: 1. Whenever excavating is performed within 1 meter (3 feet) of a buried cable the ground shall only be excavated by hand digging or using CN approved equipment especially designed for exposing cables utilizing a vacuum system to remove the surrounding soil. Under no circumstances are mechanical excavating machines of any kind to be used unless the cable is fully exposed and pulled clear of the work area. 2. Whenever parallel trenching or excavating is performed with a back hoe or cable plow unit, beyond the 1M (3 feet) hand excavation zone, but within 2M (6.6 feet) of the existing cable, the preferred method of protecting the fibre cable is to install a temporary by -pass communication cable with "protection" circuits connected prior to excavating. The intent is to eliminate the possibility of unexpected service disruptions or failures due to the excavating equipment snagging and forcing sharp rocks or foreign objects through the cable(s) while plowing or trenching. 3. If the precautions described items 1 or 2 are impractical, a Method of Procedure (MOP) shall be developed by the responsible Supervisory officer. Refer to MOP section in this document. 4. When exposing cables, 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 theirs. 5. The use of mechanical excavating equipment shall be restricted to situations where it is known that there is no danger of contacting or damaging buried cables Mechanical excavating equipment may be used ONLY AFTER ALL BURIED FACILITIES INVOLVED HAVE BEEN EXPOSED and are clear of the excavation area. Continued on next page D. Tays March 1, 2001 Page 6 of 11 SCP - 1005 Approved 56 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Precautions 6. If buried cable is encountered while excavating - Stop operations When immediately, expose it and investigate with extreme caution. The buried Excavating cable shall not be cut, chopped through or broken off without first (continued) determining if it serves a useful purpose. Under no circumstances is a buried cable to be disturbed unless authorized by the responsible S &C employee. 7. If any underground obstruction is encountered while excavating - Stop operations immediately. Expose and investigate the obstruction with extreme caution. Do not attempt to remove the obstruction until you are satisfied that removing it will not disturb or damage the buried cable. Under no circumstances is the buried cable to be disturbed unless authorized by the responsible S &C employee. S. To prevent breaking or fracturing internal conductors or fibres, excavators shall avoid moving or bending fibre optic, power or signal cables at any time. The responsible S &C employee shall provide extra mechanical protection using split steel ducts and/or other protective materials, as required. 9. In the event that damage to a cable still occurs, - Stop operations immediately and report the location of damaged cable to the appropriate S &C employee. At no time shall unauthorized persons attempt to, move splice or repair damaged cables. Continued on next page D. Tays March 1, 2001 Page 7 of 11 SCP -1005 Approved 57 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Method of A Method of Procedure (MOP) shall be developed for situations where it is Procedures impractical to comply with items 1 or 2 of the preceding section — Precautions When Excavating. The MOP shall be developed by the Supervisor responsible to protect the cable, in conjunction with either outside contractors or CN Track and Roadway personnel involved in the excavation work. The MOP shall contain the following information: zw Limits of proposed work (Subdivision — mile points) Date and time duration i.e. yy /mrn/dd 13:00 to 18:00 Identity of S &C employee (Forman in charge) and Supervisor including their emergency contact infonmation i.e. phone number(s) Detailed explanation of alternative excavation methods, excavation supervision and/or special excavation equipment to be used. Risk Assessment. Contingency Plan (Description; location and availability of temporary by- pass cable; splicing kits; and additional personnel.) The completed MOP shall be submitted to CN's NMC center for authorization at least 14 days in advance of the planned work. The NMC will in turn submit a copy of the proposed MOP to CN's Fibre customers involved for approval of the MOP. The excavation work shall not proceed until the S &C employee and responsible Supervisor have received final authorization from CN's NMC center. Important: The employee responsible for the excavation work shall inform all individuals, outside contractors, involved in the excavation work and ensure that they fully understand the work procedures described in the MOP. Continued on next page D. Tays March 1, 2001 Page 8 of 11 SCP - 1005 Approved 58 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Work Near 1. Use extreme care when excavating near buried power cables to avoid Buried Power damaging cable insulation and armor protection. Cables 2. Properly rated protective clothing i.e. gloves. 3. Properly rated non - conductive tools. 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. Regardless of the alternate work method selected, all employees required to work in close proximity of the cable should consider it as possibly energized and use the same level of caution, gloves and tools as described in the above items 1, 2, and 3. Accidental contact with a live power cable, or piece of equipment that is in contact with a live power cable, can result in loss of life. Safety During In a typical fibre optic system the transmitting light source emits a Work with concentrated beam of light that may not be visible to the naked eye. The level Fibre Optic of radiation may be sufficient to cause eye injury and caution must be Cables exercised to avoid exposure. This precaution applies to any point in the system where the laser signal can be addressed (for example in inside shelters at the optical connectors or on the optical interface circuit packs). As there is no requirement to stare directly at the end of a severed fibre optic cable, as a practical safety precaution, one should avoid doing so. A fibre optic cable is comprised of strands of glass that guide the light pulses down the cable. These glass strands have sharp ends that 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. Safety glasses are mandatory when working with fibre optic cables. Continued on next page D. Tays March 1, 2001 Page 9 of 11 SCP - 1005 Approved 59 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Safety During Supervisors and the employees in charge of excavating operations should be Trenching or familiar with all applicable safety regulations. These regulations are designed Excavating to ensure the safety of workers involved in the excavation operations and may be enforced by safety inspectors on behalf of state, provincial or federal regulators. Protect all openings, construction material, excavated material, or equipment with approved warning devices and/or barricades. Observe any other precautions that may be required by local conditions. Completion of After all work has been completed, backfill carefully, ensuring it does not Work contain materials that may cause damage to the cables. Restore the surface, as near as practicable, to its original condition, ensuring that any cable markers removed or damaged during work are replaced. Maintenance of Standards for work on CN's Right -of -Way are covered in Maintenance of Way SPC 6100 Way Standard Practice Circular, SPC 6100 entitled "Precautions to be Taken During 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 CN's right of way near Signal and Communication facilities. Continued on next page D. Tays March 1, 2001 Page 10 of 11 SCP -1005 Approved 60 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Risk and Track There are many CN Track and Structures work activities that could pose & Structures considerable risk to above ground and buried S &C cables. This table is Work Activities provided as a guideline only, to assist in assessing the associated risk with these and equivalent types of activities. Work Activity Risk Ditching HiEL Ballast Regulation Medium Undercutting High Culvert Replacement High Broomin Low Tie Replacement Medium Bridge deck replacement High Important: High and medium risk work activities shall not start without prior consultation with the responsible S &C Supervisor and if necessary with the development and approval of a MOP. When in doubt — review the proposed work with the S &C Supervisor. D.D. Ta� March 1, 2001 Page 11 of 11 SCP - 10055 Approved 61 CN March 1, 2001 Operations Signals & Communications Canadian National 935 de La Gauchetiere street West Montreal, Quebec, Canada H3B 2M9 Important Memo to Contractors - Fibre Optic Cable Protection Fibre optic cables are in service along the Right -of -Way on 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. In addition, the fibre optic network installed on CN is utilized by clients that offer important services such as, cable, banking, national defense, air - traffic control and emergency communication services (i.e. 911). Damage or cuts to cable thereby affects a broad range of operations and services. CN expects its employees, and any contractor working on its right -of -way, to take every precaution to avoid disruption to CN's fibre installations. CN's goal is to avoid all preventable disruptions to fibre optic 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 will result in punitive action being taken. Asst. Chief Engineer S &C Canadian National Edmonton, Alberta Signals & Communications Page 1 Codes of Practice SCP -1005 - Appendix 1 62 CAUTION — MISE EN GARDE Stakes or markings may disappear or be displaced. If any delays are incurred in acting on the locate information as given or should sketch and markings not coincide, a new locate must be obtained. Note that a cable locate is valid for only 30 days. Risque de disparition ou de deplacement des piquets ou des marquages. En cas de retard dans 1'execution du travail conformement aux donnees fournies ou en cas de non- correspondance des marquages et du croquis, obtenir de nouvelles donnees de localisation. Prendre note que les donnees de localisation ne sont valide que pour une duree de 30 fours. Depth of cable plant varies and must be determined by hand digging. Comme la profondeur des installations cables varie, creuser a la main pour la determiner. "THANK YOU FOR CALLING BEFORE YOU DIG" APPELEZ -NODS AVANT DE CREUSER! 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 that Plant Practice Bulletin 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 Division project file. Signals & Communications Page 2 Codes of Pratice SCP -1005 - Appendix 1 63 M y CTC �y ^��Q• CO a+ b b U y a0i O N fi U L) 3 U T O id g y ° y 0 4 o y c b c — ° o O.w p m c0 C y O •y w G y p R O O U cad O cad O p U U�U�f% LLO 5 U C N c� Y y G 71 v c �y.0 o�A U p v CL v CL. 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(D U) z�> w J p F- wr�LU5; ZoCD w`��a_ to az wz= c�z� m Z v wcnz z::) >� ��a p Q Z W ww�?ES t� c�n�a °off Q�� m U w °�wU)Z 0 _0� m�0 z0 Q Qa�J�O 00 0 o 0 >o� Q 3 0 M V N 9 ,sue a� b � � o o U � `ti o � � a ° Z) U) O� Z ED U) Z Y Q Z Z O= w Z co LU °off -a� �o� O cnaaLuZO M Z� Z ~ii Q�0 p W — Z) cn0� c¢nU! (D U) z�> w J p F- wr�LU5; ZoCD w`��a_ to az wz= c�z� m Z v wcnz z::) >� ��a p Q Z W ww�?ES t� c�n�a °off Q�� m U w °�wU)Z 0 _0� m�0 z0 Q Qa�J�O 00 0 o 0 >o� Q 3 0 M V N 9 ,sue a� a 0 U � w oo U 3 O w O b C- 7:1 U x on U x U Pr Cd 0 3 a U c5 Fj ii U H CA _U G E O U, ai Standards Respecting Pipeline Crossings Under Railways TC E -10 (June 21, 2000) T" =,8 C8nad8� d� 66 Cards CONTENTS SCOPE 2. GENERAL APPLICATIONS AND EXCLUSIONS 3. GENERAL CONDITIONS 4. REQUIREMENTS FOR PIPELINES CROSSING UNDER RAILWAYS - GENERAL REQUIREMENTS FOR OIL AND GAS PIPELINES UNDER RAILWAYS REQUIREMENTS FOR STEAM, WATER, SEWER AND OTHER NON- FLAMMABLE SUBSTANCE PIPELINES UNDER RAILWAYS APPENDIX'A' - Plans and Design Requirements for Pipelines Crossing under Railways 67 - 1 - STANDARDS RESPECTING PIPELINE CROSSINGS UNDER RAILWAYS 1. SCOPE 1.1 These standards may be known as the "Pipeline Crossing Standards ". 1.2 These standards are intended to ensure that pipeline crossings under Railways are installed, renewed and maintained in a safe manner. These standards apply to Railway Companies subject to the jurisdiction of the Minister of Transport pursuant to the Railway Safety Act. 2. GENERAL APPLICATIONS AND EXCLUSIONS 2.1 Pipeline Installation Procedures shall be in strict conformance with all Federal, Provincial and local safety regulations. 2.2 These standards do not include overhead cable crossings, overhead pipeline crossings, and underground cable crossings. 2.3 These standards do not apply to any pipe installed under a railway right -of -way prior to the date of approval of these standards, unless the pipeline crossing is to be reconstructed. 3. GENERAL CONDITIONS 3.1 No person shall continence the installation of any pipe under a railway without: a) submitting to the railway company detailed plans of the proposed installation in accordance with the requirements outlined in Appendix W; and b) obtaining a written approval from the railway company that owns, operates or has control of the railway. 3.2 No person shall commence the repair, maintenance or removal of any pipe under a railway without obtaining a written approval from the railway company that owns, operates or has control of the railway. .: -2- 3.3 Every owner of a pipe installed under a railway, shall at all times maintain the pipe in good working order and condition, so that: a) the safety of railway operations is not threatened in any manner; b) the safety of the public, including the lives, well -being and health of people is safeguarded; and c) the environment is protected. 4. REQUIREMENTS FOR PIPELINES CROSSING UNDER RAILWAYS - GENERAL For oil and gas pipelines crossing under railways, the requirements of C.S.A. Standard Z662 -99, and subsequent revisions, will apply as modified and amended in Section 5 herein. For steam, water, sewer or other non - flammable substance pipelines crossing under railways, the requirements of Section 6 shall apply. The term "Engineer" used herein means the Chief Engineer of the railway company or his authorized representative. General: Railway design loading applicable to all pipelines crossing under railways shall be Cooper's E80 track loading, with diesel impact as specified in C.S.A. Standard Z662 -99. The use of optional limits states design processes under C.S.A. Standard Z662 -99 will not apply to the design of oil and gas pipelines crossing under railways. 5. REQUIREMENTS FOR OIL AND GAS PIPELINES UNDER RAILWAYS 5.1 Amend C.S.A. Standard Z662 -99 Clause 4.7 Cover and Clearance Requirements as follows: Table 4.8 "Minimum Cover and Clearance Requirements ": In the case of oil and gas, and hazardous* gas pipelines crossing under railways, Table 4.8 shall be amended as follows: -3- Table 4.8 Minimum Cover and Clearance Requirements (1) Minimum cover for buried pipelines, cm (measured to top of carrier or casing pipe, as applicable) Location Type of Pipeline Class Normal Rock excavation Location Excavation requiring blasting or removal by comparable means Crossings of railway rights-of-way: below base of rail ** All Tracks: Cased Flammable or All 168 168 hazardous* gas (5.5 ft) (5.5 ft) or liquid Uncased Flammable or All 305 305 hazardous* gas (10.0 ft) (10.0 ft) or liquid Crossings of railway rights -of- -way: below bottom of ditches or ground surface * ** Cased Flammable or All 91 91 hazardous* gas (3A ft) (3.0 ft) or liquid Uncased Flammable or All 183 183 hazardous* gas (6.0 ft) (6.0 ft) or liquid Railway rights-of-way for cased or uncased buried longitudinal pipelines *" Between 762 cm and 1524 Flammable or All 183 I83 cm from centre -line of hazardous* gas (6.0 ft) (6.0 ft) nearest track or liquid Greater than 1524 cm Flammable or All 152 152 from centre -line of nearest hazardous* gas (5.0 ft) (5.0 ft) track I or liquid * Non - flammable gas or liquid products which, from their nature or pressure, might cause damage or endanger the lives, well -being and health of people, or the environment, if escaping on or in the vicinity of railway property. 70 -4- ** Within 7 metres of centre of outside rail, measured at right angles to the centre- line of the track. * ** On portions of the right -of -way where carrier or casing pipe is not directly beneath any track. 5.2 Amend C.S.A. Standard Z662 -99 Clause 4.7.1 as follows; Add to end of Clause 4.7.1: For oil and gas pipelines crossing under railways, minimum cover requirements shall be in accordance with Table 4.8 of the referenced standard C.S.A. Z662 -99, as amended herein. For any proposed pipeline crossing physically unable to meet the minimum cover requirements specified in Table 4.8 as amended herein, the applicant will propose alternative methods and shall obtain approval of the Engineer to use such methods. 5.3 Amend C.S.A. Standard Z662 -99 as follows; Add as a new Clause 4.8.5 called "Pipe installation near railway bridges and buildings" the following: Pipelines carrying flammable or hazardous gas or liquids under railways shall not be placed within a culvert, under railway bridges nor closer than 13.7m to any portion of any railway bridge, building or other important structure on a railway right-of-way, except in special cases and then by special design as approved by the Engineer. Add to Clause 10.2.2: Emergency response procedures shall be developed by the applicant to handle a situation in which a pipeline leak or railroad derailment or incident may jeopardise the integrity of the pipeline. Local conditions shall be considered when developing these procedures. Add to Clause 10.2.8.4: Oil and gas pipeline crossings shall be prominently identified where pipelines enter and exit railway right -of -way, approximately on the limits thereof, by signs in a language or languages appropriate to the region in which the sign is located. Such signs shall meet the requirements of C.S.A. Standard Z662 -99, as amended herein. Additional signage will be required by the Engineer where the above signs are not readily visible from the track. 71 -5- Add as a new Clause 4.4.11 called "Emergency Shutoff Valves" the following: For oil and gas pipelines, accessible emergency shutoff valves shall be located each side of the railway within effective distances as mutually agreed to by the Engineer and the pipeline company. These valves shall be marked with signs for identification. Where pipelines are provided with automatic control stations and/or valves that are remotely operated, no emergency shutoff valves are required at the crossing. Add as a new Clause 4.7.4 called "Longitudinal installations" the following: Longitudinal oil and gas pipelines on the railway right -of -way shall be located as far as possible from any track. They shall not be within 7.62m of the centre -line of any track, and shall be marked by a sign approved by the Engineer every 152.4m and at every road crossing, streambed, other utility crossing, and at locations of major change in direction of the line. In exceptional situations, where it is not physically possible to locate the pipeline beyond 7.62m of the centre -line of a track, the carrier pipe shall be encased or of special design and must be approved by the Engineer. 5.4 Amend C.S.A. Standard Z662 -99 Table 4.9 "Least Nominal Wall Thickness for Steel Casing Pipe in Cased Crossings and Carrier Pipe in Uncased Crossings" as follows; All least nominal wall thicknesses for steel casing pipe in cased crossings and steel carrier pipe in uncased crossings shall be as shown in Table 4.9, except that the least nominal wall thickness shall not be less than 4.8 mm in any case. Add new Notes under Table 4.9, as follows: Notes: 1) When steel casing pipe or carrier pipe is installed under a railway without benefit of a protective coating or is not catbodically protected, the least nominal wall thickness shown in Table 4.9 shall be increased by a minimum of 1.6mm. 2) Steel casing or carrier pipe installed under a railway shall have a specified minimum yield strength of 241 Mpa or greater. 5.5 Amend C.S.A. Standard 2662 -99 Clause 4.8.3 "Crossings of Roads and Railways" as follows; Add new item to Clause 4.8.3.3 Cased Crossings: 72 -6- (h) Casing pipe and joints under railways shall be of leakproof construction capable of withstanding railway loadings specified herein, and shall be of steel unless otherwise indicated herein, or as approved by the Engineer. 5.6 Replace C.S.A Standard Z662 -99 Clause 12.4.6 with the following: Polyethylene carrier pipe may be used in pipeline systems for the transportation of gaseous hydrocarbons under railways i£ (i) The design pressure does not exceed 700 kPa. (ii) The carrier pipe is made from polyethylene materials permitted by C.S.A. Standard CAN/CSA-B 13 7.4-92 (R1998), and subsequent revisions. (iii) The outside diameter of the carrier pipe is not greater than 168.3mm. (iv) The polyethylene carrier pipe within the entire limits of the railway right -of -way, is encased in a steel casing pipe meeting the requirements of C.S.A Standard Z662 -99, as amended herein. 5.7 Replace C.S.A. Standard Z662 -99 Clause 15.4.5 with the following: Aluminum pipe is not acceptable for use in pipeline crossings under railways. 6. REQUIREMENTS FOR STEAM, WATER, SEWER AND OTHER NON- FLAMMABLE SUBSTANCE PIPELINES UNDER RAILWAYS 6.1 Carrier and Casing Pipe Requirements Pipelines carrying steam, water (other than oilfield steam and water), sewer, and other non- flammable or non - hazardous substances under railways shall be encased in a larger pipe or conduit called the casing pipe. Casing pipe may be omitted under the following conditions: (a) under secondary or industrial tracks as approved by the Engineer, provided maximum operating pressure in the carrier pipe does not exceed 700 kPa.; (b) for non - pressure sewer crossings where the strength of the pipe and its joints are capable of withstanding railway loading, as approved by the Engineer. 73 -7- Carrier pipe, casing pipe, and joints shall conform to the applicable requirements of AREMA Ch. 1 Section 5.3 with respective materials in conformance with C.S.A. Standards, and be: (a) of acceptable material and construction as approved by the Engineer, and (b) of sufficient strength to withstand the internal pressure and external loading, and (c) properly connected at the joints and leakproof. Joints for carrier line pipe shall be leakproof mechanical or welded type. For steel carrier or casing pipe the least nominal wall thickness shall be in accordance with C.S.A. Standard Z662 -99 as amended in Section 5 of this Pipeline Crossing Standard. For pressures under 700 kPa in the carrier pipe, the casing pipe, if required, may be reinforced concrete pipe conforming to specifications in AREMA Manual for Railway Engineering Chapter 8 "Concrete Structures and Foundations ", Part 10 "Reinforced Concrete Culvert Pipe ", or coated corrugated metal pipe conforming to AREMA Manual Chapter 1, Part 4, all as approved by the Engineer. Respective materials shall conform to applicable C.S.A. standards. 74 -8- 6.2 Minimum Cover and Clearance Requirements (a) Minimum cover for buried pipelines, em (measured to top of carrier or casing pipe, as applicable) Location Type of Pipeline Class Normal Rock excavation Location Excavation requiring blasting or removal by comparable means Crossings of railway rights-of-way: below base of rail ** Main Tracks: Cased Water, sewer, steam or non- All 168 168 flammable or non- (5.5 R) or (5.5 ft) or below frost line hazardous* substance below frost line Crossings of railway rights -of -way: below base of rail ** SeconLau or Industrial Tracks: Cased Water, sewer, steam or non- All 137 137 flammable or non- (4.5 R) or (4.5 ft) or below frost line hazardous* substance below frost line Uncased Water, sewer, steam or non- All 137 137 flammable or non- (4.5 ft) or (4.5 ft) or below frost line hazardous* substance below frost line Crossings of railway rights -of -way; below bottom of ditches or ground surface ** Cased Water, sewer, steam or non- All 91 91 flammable or non- (3.0 ft) or (3.0 ft) or below frost line hazardous* below frost substance line Uncased Water, sewer, steam or non- All 91 91 flammable or non- (3.0 ft) or (3A ft) or below frost line hazardous* substance below frost line Railway rights -of -way for cased or uncased buried longitudinal pipelines * ** Up to 1524 Water, sewer, steam or non- All 122 122 cm from flammable or non- (4.0 ft) or (4.0 ft) or below frost line centre -line of hazardous* substance below frost nearest track line Greater than Water, sewer, steam or non - All 91 91 1524 cm flammable or non- (3.0 ft) or (3.0 ft) or below frost line from centre- hazardous* substance below frost line of line nearest track * Non-flammable gas or liquid products which, from their nature h dam ** * ** c , om err n or pressure, might cause age or endanger the lives, well-being and health of people, or the environment, if escaping on or in the vicinity of railway property. Within 7 metres of centre of outside rail, measured at right angles to the centre -line of the track. On portions of the right -of -way where carrier or casing pipe is not directly beneath any track. 75 -9- 6.3 General installation Requirements For water and sewer crossings under railways, the highest point of carrier pipe shall be below the frost line. In regions of permafrost or where other obstacles make it impossible to place the pipe below the frost line, the applicant will propose alternate methods to protect the pipe in sub - freezing temperatures and shall obtain approval of the Engineer to use such methods. Pipelines carrying steam, water (including oilfield steam and water), sewer and other non - flammable or non - hazardous substances under railways, shall not be placed within culverts nor under railway bridges where there is Iikelihood of restricting the area required for the purposes for which the culverts or bridges were built, or of endangering the foundations. Any such pipelines laid longitudinally on railway rights -of -way shall be located as far as practicable from any tracks or other important structures. If located within 7.62 metres of the centre -line of any track, or where there is significant risk of damage from leakage to any bridge, building or other important structure, the carrier pipe shall be encased or of special design as approved by the Engineer. Every open drain crossing tracks in a railway yard shall be safely covered for at least 3.0m from the centre -line of track, except in times of flood when uncovered open drains may be provided as may be necessary. In this case warning signs shall be erected. C.S.A. Standards current at time of constructing the pipeline, shall govern the inspection and testing of the facility within the railway rights -of -way. The proof testing of the strength of carrier pipe shall be in accordance with C.S.A requirements. 76 APPENDIX 'A' Plans and Design Requirements for Pipelines Crossing under Railways For all pipeline crossings under railways (including oil and gas, steam, water, sewer, storm drain, etc.), plans for proposed installation shall be submitted to and meet the approval of the Engineer before construction is begun. Plans shall be drawn to scale showing the relation of the proposed pipeline to railway tracks, angle of crossing, location of nearest shut -off valves, railway mileage, right -of -way lines and general layout of tracks and railway structures and facilities. Plans should also show a cross - section (or sections) from field survey, showing pipe in relation to actual profile of ground and tracks, with location of any joints in the carrier or casing pipe within the railway right -of -way, and necessary geo- technical boreholes (soil type) and ground water levels. Pipelines shall be installed under tracks by boring and/or jacking, if practicable. If open - cutting or tunneling is approved, the proposed limits of excavation, details of sheeting and method of supporting tracks or driving tunnel shall be shown, with supporting engineering calculations. In addition to the above, plans should contain the following data: Railway Mileage & Subdivision ...... Municipal Descriptions of Adjoining Properties ...... ...I ........................... Name of Pipeline Owner ...... ............................... Carrier Pipe Casing Pipe Contents to be handled Outside Diameter Pipe Material ................. ............ Specification and grade ................. ............... Wall thickness Maximum Operating Pressure ................. ............... Maximum Surge & Test Pressure ................. .......... Maximum Operating Temperature ............. Minimum Operating Temperature ................. .......... I.... Type of joint ................. ............... Coating................. ............... Method of installation . Vents: Number ......... Size.......... Seats: ....................... Both ends......... Bury: Base of rail to top of casing ............... Bury: (Not beneath tracks) ............... Bury: (Roadway ditches) ............... Height above ground Type................. ................. m ........... I..... m ............ m 77 -2- Extent of casing measured perpendicular to centre -line of track ............................... m Type, size and spacing of insulators or supports ......::...... Distance C.L. track to face of ja.eking/receiving pits in Bury: Base of rail to bottom jacking/receiving pits ............................... m Cathodic Protection Geotechnical Boreholes: Soil Type Base of Rail to ground water yes.......... no.......... yes.......... no.......... ........ . ........................... m Plans shall be sealed and signed by a professional engineer, competent in this field, registered in the province or territory in which the pipeline crossing is located. The execution of work on railway rights -of -way, including the supporting of tracks, shall be subject to the inspection and direction of the Engineer. Where laws or orders of public authority prescribe a higher degree of protection than specified herein, then the higher degree of protection so prescribed shall be deemed a part of this Standard. APPENDIX "E" Water /Sewer Pipe Line Crossings Applicants must submit six (4) copies of an acceptable plan. Plans must meet TC E -10 and Railway Standards. Cost for reviewing the first plan received shall be included in the Basic Application Fee. The applicant will be charged an additional fee for each review after the initial application due to inadequate or missing information. The following information is required on application drawings: application drawings must be to scale or have all dimensions shown. site plan showing location tied into legal description, width of the Railway right - of -way, number of tracks and angle of crossing. - direction of flow, location of shut -off valve on pressure side of Railway right -of- way - profile showing depth of burial from base of rail and ditch bottoms to top of pipe. - cross- section showing or note stating carrier pipe will be held clear of casing pipe by supports (if applicable as per TC E -10). - type, wall thickness and pressures (operating and maximum test) of carrier and casing pipes. - concrete pipe must be minimum of class V. - steel casing is required for a water line and all plastic pipe. - intention to install warning markers at each edge of Railway right -of -way. type of cathodic protection (if used). when casing is used, it must extend the full width of the Railway's core right -of- way or a minimum of 50' on either side of outermost rails. caption stating "Installation and maintenance to be in accordance with TC E -10 ". - note stating method of installation. - must be shown or noted that the ends of the casing will not be sealed. - professional engineer's stamp and signature. - contact name, address and phone number of pipeline owner on plan or cover letter. - copy of soils investigation (when required to support method of installation or as requested by the Railway at time of application). - location of nearest excavation from nearest rail to be identified on drawing. note of track name and mileage on drawing. The nearest point at which digging can take place for boring pits, etc., is as follows: Starting ten (10) feet from the gauge side of the nearest rail, calculate a slope to the bottom of the proposed pipe at 1.5 :1. If a 1.5 :1 slope cannot be maintained or more restrictive conditions occur, approved shoring will be required. 79 REPORT To COMMON COUNCIL M &C -2011 -69 April 3, 2012 His Worship Mayor Ivan Court and City of Saint John Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up — Sanitary Lift Station # 6 Marsh Creek Gravity Collector Sewer Easement Requirement PID 24117 BACKGROUND: In relation to the Harbour Clean-Up project, Common Council has already resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required to a maximum of 125 per cent of the appraised value with intention to promote goodwill, equity, and ultimately negotiated voluntary settlements on value. Design engineers have determined that the only reasonable corridor for gravity sewers from the north of Marsh Creek to Sanitary Lift Station # 6 off Rothesay Ave. is along Marsh Creek through a 705 sq m +/- portion of the Canadian National Railways (CNR) marshalling yard designated as PID 24117. CNR was contacted in order to acquire the necessary land rights for the City. CNR is willing to license this use under the terms and conditions of their Standard Pipe Agreement — Parallelism document. The total cost requested by CNR is $18,000.00 + HST ($25.53/sq m). Real Estate Services compared this price to the price of ($25.40/sq m) paid for a similar easement acquired by the City in 2011 along Dutchman's Creek off Egbert St. Considering the Dutchman's Creek land was much inferior in utility to the CNR marshalling yard land, the quoted price of $25.53/ sq in is reasonable. CNR has also included a non - exclusive right of way to the proposed easement area at no extra charge. Additional charges for flagging and/or signal locates are supplementary and will be invoiced separately when work has been completed. :E Report to Common Council April 3, 2012 RECOMMENDATION: Page 2 1. That The City of Saint John accept the terms and conditions contained in the Canadian National Railway (CN) Pipe Approval Letter dated March 29, 2012 attached to M &C 2012 -69, and 2. That The City of Saint John enter into the Canadian National Railway (CN) Standard Pipe Agreement — Parallelism agreement attached to M &C 2012 -69, in and through a 705 square metre +/- portion of lands designated as PID # 24117 along the routing as generally shown on the Crandall Engineering plan # 11062 -1 D -CN attached hereto for the sum of 518,000.00+ HST, if applicable. 3. 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 J. Patrick Woods, C.G.A. City Manager Service New Brunswick Service Nouveau - Brunswick Map Scale 1 Echelle cartographique 1 : 6971 N A While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Meme si cette carte n'est peut -etre pas libre de toute erreur ou omission, toutes les precautions ont ete prises pour an assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elle n'a aucun caractere officiei 0_'7ne doit donc pas servir a la redaction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. C:N Canadian National Region de I'Est du Canada 255 Hump Yard Road Moncton, (Nouveau - Brunswick) E1 E 453 Telecopieur: (506) 853 -2757 Y /F: March 29, 2012 City of Saint John Municipal Operations and Engineering 175 Rothesay Ave. St. John, NB E2J 2134 Attention: Kendall Mason Canadian National Eastern Canada Region 255 Hump Yard Road Moncton, N.B. El E 4S3 Facsimile: (506) 853 -2757 O /F: 4715 -LS7 RE. Application for a sanitary sewer paralleling on CN Right of Way — along siding LS7 in the Saint John Island Yard. in Saint John, N.B. Dear Applicant, Canadian National has no objection to your proposed project to install a sanitary sewer paralleling on CN Right of Way along the siding LS7, located in Saint John, N.B. providing you meet Transport Canada standard TC E -10. With reference to your submission dated January 23, 2012 and attached copy of plan number 11062-11D-CN, 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 • 4 copies of stamped plans (11 x 17's) • Copy of Insurance Certificate • Signed Agreements (8) • Cheque for parallelism licence agreement ($18,000.00 plus HST),payable to . Canadian National Railway Company The engineering, licence agreement, and administration fees associated with this application will be $18,000.00 + 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 penafty, If one or more trains are delayed, you must pay to Canadian National, under title of Damages of Liquid 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 $ 5,000,000. 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: 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. 2. If requested, a geotechnical laboratory shall send us, by fax at (506) 857 -8789, a report on the advancement of the work. 3. 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. 4. 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. 5. You shall be responsible for locating existing public utilities and if necessary making arrangements with the concerned authorities 6. 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. 01 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) 853 -2885 or fax (506) 853 -2757. Please quote the Railway's file number in any communications with this office. Yours truly, Mark LeBlanc Engineering Technician RE: Proposed sanitary sewer paralleling on CN Right of Way — along siding LS7, in Saint John, N.B. We have read and understand the terms and conditions of this letter, and we accept them. Signed at Is this — day of PERSON IN CHARGE Name in print Title Name in print Title Signature Signature Return to the attention of Mark LeBlanc: mark.leblanc *cn.ca Fax: (506) 853 -2757 99 WITNESS tot_ P Z €� i I i i iapa &� }• ;a.•.,an...,,p 8 3w Lo D >z% @W F <n 1 \ `I + 1 \, OZO g�HE 1 s, 1 111 x � •• ,,'' { ` a r '� \ —2L . •� Ol ►" 5 v ... 1 y U 1 , ob� , � a l � 1 541�R� STREE'� r'1 y�c j cr z 4 ,1g y Q s -- s` r T4� � 1 Ul � Z K s, 1 111 x � •• ,,'' { ` a r '� \ —2L . •� Ol ►" 5 v ... 1 y U 1 , ob� , � a l � 1 541�R� STREE'� r'1 y�c j cr z 4 ,1g y Q s -- s` r T4� � 1 STANDARD PIPE AGREEMENT — PARALLELISM - PROVINCES OTHER THAN QUEBEC Y/F: O/F: 4715 -LS7 AGREEMENT NO. This Agreement entered into at Province of , this day of 2012. BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY, a corporation having its head office at 935 de la Gauchetipre Street West, Montreal, Quebec H313 2M9 (hereinafter called the "Railway ") AND: City of Saint John Municipal Operations and Engineering 175 Rothesay Ave. Saint John, NB E2J 2134 (hereinafter called the "Applicant ") WHEREAS the Railway hereby grants the Applicant the right and privilege to install, use and maintain a sanitary sewer pipe paralleling, within the Railway's right -of -way between siding LS7 and Marsh Creek (hereinafter the "works "), in the City of Saint John, Province of New Brunswick, as shown on Plan(s) No. 11062 -1D -CN (hereinafter the "Plan(s) "), attached hereto and forming part hereof, together with the use, in common with all others lawfully entitled, for men, machinery, and equipment on, over and along the existing roadway along the Northern bank of Marsh Creek to carry out the works herein permitted. 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), 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 cables and engineering fees, shall be paid by the Applicant. 6. Should it become necessary or expedient for the purposes of repair or improvement on the said Railway that the works be removed, relocated or modified, the Applicant shall, at its risk and expense, comply with the request of the Railway, failing which the Railway shall have the right to execute or have executed, at the risk and expense of the Applicant, any work required to remove, relocate or modify the said works. -2- 7. In addition to any other amounts payable by the Applicant pursuant to this Agreement, as compensation for the rights and privileges herein granted and until Gause 13 is invoked, the Applicant shall immediately pay a non - refundable one -time lump sum of $18,000.00, plus the applicable H.S.T. All sums payable pursuant to this clause shall be payable to the order of the Railway, care of its authorized representative, at such address as the authorized representative shall provide. 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 shalt 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. 8.1 Without limiting the generality of Clause 8 of this Agreement and notwithstanding the submission by the Applicant of any Working Drawing or other plan pursuant to the terms of this Agreement or the subsequent approval of such Working Drawing by the Railway, or the failure, if any, to properly verify that a Working Drawing conforms to all applicable rules, requirements and specifications established from time to time by Transport Canada, and notwithstanding the Railway's supervision, if any, the Applicant shall indemnify and save harmless the Railway from and against any Liability, resulting from any Maintenance Work, Construction/Alteration Work or access to the Works (including any act or omission by a flagman) and the use and operation of the sanitary sewer pipe. 8.2 The Applicant acknowledges that installing the sanitary sewer pipe on the Works provides some risk that it may be damaged in the course of train operations. Therefore, notwithstanding any other provision in this Agreement to the contrary, the Applicant releases the Railway from any loss, damage and/or claim the Applicant may have against the Railway resulting from derailments or other accidents of a similar catastrophic nature, from vibration or other activities of the Railway in the ordinary course of its operations. 8.3 Notwithstanding anything to the contrary in this Agreement, and without limiting the obligations of the Applicant, the Applicant specifically indemnifies the Railway against, and releases the Railway from, any Liability for indirect or consequential damages or damages for pure economic loss, whether or not attributable to or contributed to by the negligence or willful misconduct of the Railway or any one the Railway may be responsible for at law. 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 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. 0 - 3 - 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 Contamination 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, the Applicant shall remove such facility, subject to the provisions of Clause 15. The Applicant shall have the burden of proving that any Environmental Contamination has not resulted from or occurred during its occupation or use of the Premises. 9.5 The responsibility of the Applicant to the Railway with respect to the environmental obligations contained herein shall continue to be enforceable by the Railway notwithstanding the termination of this Agreement. 10. The Applicant shall, at its sole expense, provide and maintain in full force and effect during the term of this Agreement, and for any subsequent renewal term, insurance coverage as follows: 10.1 Commercial General Liability, in the amount of no less than five million dollars ($5,000,000) per 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: •E -4- 18 ]; w 1;1 *;7_11 I � r i T I N E 277 Front Street West, Floor 8 Toronto, Ontario M5V 2X7 Attention: Contracts Department Facsimile: (416) 217 -6764 FOR THE APPLICANT: City of Saint John Municipal Operations and Engineering 175 Rothesay Ave. St. John, NB 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 date 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. 15. Prior to the expiry of the present Agreement or, in the cancellation of the Agreement within a period determined in writing by the Railway, the Applicant will, at its risk and expense, remove from the Railway's property all works constructed under this Agreement, as well as all material not belonging to the Railway, except for the metal casing which will remain in place in perpetuity. As for the pipe installed inside the metal casing, the Applicant will at its discretion have the option of either leaving the pipe or removing it The Applicant will be required to fill the casing and any pipes left within with cement and restore the Railway's property to the satisfaction of the Railway. Should the Applicant fail to comply with the requirements of this Clause, the Railway reserves the right, at its discretion, to do the work that the Applicant should have done in accordance with this Clause, or to have the work done, at the risk and expense of the Applicant. Under such circumstances, all the material located on the Railway's property shall become the property of the Railway, without compensation to the Applicant and without prejudice to 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 anytime and in anyway, 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. 91 -5- IN WITNESS WHEREOF the parties hereto have executed these presents as of the day and year first above written. Witness for the Railway Witness for the Applicant Witness for the Applicant 'I CANADIAN NATIONAL RAILWAY COMPANY Richard IC Paton Regional Manager, Eastern Canada I am authorized to bind the Company APPLICANT Name: Title: am authorized to bind the Company Name: Title: I am authorized to bind the Company ba- - -I- i' ► p IMMEN "Expect the movement of a train, engine, raft car or track unit at any time, an any track, in either direction. Protect Yourself and others from the movement of trains, engines, rallcars 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 immediately at: 1- 800 - 465 -9239 Alternatively, contact CN's Network Operations Centre in Edmonton at: 1- 800 - 661 -3963 Before any digging Is performed on CN property, proper clearance and Instructions must be obtained through the Information Technology Command Centre (ITCC Network Management Centre) at: 1- 800 - 661 -3687 or 1- 800- NO1 -FOTS In an emergency, any object waved violently by anyone on or near the track is a signal for trains to stop. Violation of CN's "Risk Management Policy" or contravention of these guidelines may result In the immediate removal of the Contractor or the offending personnel from CN property. SQmn11A= with Government Regulations Contractors shall follow all applicable Federal, Provincial, State, 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 Risk Management Policy as well as all applicable regulations and shall ensure compllance by workers at the job site. Supplementary Instructions may be Issued by Cry representatives from time to time. lutrucCions L 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 (Permits, Licenses, Contract Documents, Contractor Safety Approved Sticker 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. 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 eight (8) meters or approximately twenty - five (25 feet) of the centerline of the nearest rail except in the presence of a CN assigned person. CN assigned persons 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. (Exemptions may apply as authorized by system safety department) 5. Equipment operating within eight (8) meters or approximately twenty five (25 feet) of the nearest rail must come to a 92MI219te 5tou prior to the passage of engines, rallcars, or track units. (Exemptions may apply as authorized by system safety department) 6. No vehicle or heavy equipment may be situated or moved closer than five (5) meters or fifteen (15 feet) from the nearest rail unless a CN assigned person has placed a block on train movements. (Exemptions may apply as authorized by system safety department) December Zoos 93 FJ 7. Upon the passage of a train, Contractor's personnel shall stand no closer than five (5) meters or fifteen (1S feet) from any switch stand and, if possible, on the opposite slde of the track. (Exemptions may apply as authorized by system safety department) 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 eight (8) meters or approximately twenty five (25 feet) of standing railway equipment. 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 (Please refer to previous page for contact number to call for authority). 11. In accordance with CN's safety standards, 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, (protective footwear shall meet or exceed CSA 2195 and /or ANSI 41.1, shall cover and support the ankle and have a defined heel a minimum of 13 mm (1/2 inch) and shall not exceed 25 mm (1 Inch), boots must be equipped with laces, which must be laced to the top and tied) safety glasses and reflective apparel. Hearing and respiratory protection and fall arrest equipment shall be worn where signs are posted or when a potential hazard exists. 12. No CN plant, signal, structure, equipment or property of any kind may be tampered with, modified or removed. 13. "Hi -rall" equipment shall only be operated on the track by personnel qualified in the latest version of the "Canadian Rail Operating Rules ", 14. Horseplay, practical jokes, righting or any other activity that may create a hazard will not be tolerated. 15. Contractor's personnel shall immediately abide by instructions from CN personnel. DEug and Al ohol Policy Contractor's personnel will be bound by the provisions of CN's "Policy to Prevent Problems" while on CN roe employees q report for free o f QhhQ n tine property. rty. All em f ees are required tore rt 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. P011cy ilsldld&Ed21. 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. S. Report fit for duty and remains fit for duty. 2. pP211cv Violatlnn procedures. Where a CN representative 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. December 2005 •, S. 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' : Failure of the Contractor, its employees or sub - contractors to meet these standards will be considered a breach of contract. fimarma Firearms (loaded or empty) are BDJ1WrA3jtMd on CN property, except for CN Police officers and other designated Persons performing authorized work and when authorized to do so. In all cases, any firearms must be accompanied with a written authorization from the Chief of CN Police and the person should have in his possession all pertinent government permits. 'V No explosives will be permitted on CN property without written CN approval. Me h i c 1. m 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 for the safety of all passengers and the stability of materials being transported. 5mohing in thr._Workolace Smoking Is not permitted in any CN Interior workplace or motor vehicle. a5IX 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. r;M2rQ§n&'_.Evacuation Proc, rIum 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. Practicea Contractors shalt 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. Reoortina Ac ' tg / incid All accidents / incidents occurring on CN property, 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 (i.e. Company Officer assigned as Liaison to Contractor) within seven (7) days detailing the nature of the incident, the cause(s), regulatory authorities notified, and a specific action plan to prevent recurrence. December 2005 95 Z treatment oF.it]f.mill PRm2nnel (Contrac >r 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. Qualltled personnel to render first -aid treatment. 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. Date of qualification 3. Employee's full name and personal Identification details (e.g. Driver's License No. ) 4. Name of Contractor's representative issuing the card. Such personnel shall also have a CN approved sticker (CN Safety Guidelines for Contractors Sticker) affixed to Contractor's personnel hardhat. Audio Cameras and audio - visual equipment are not permitted on CN property without prior approval. 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. Contra Wledgement Contractors' employees or sub- contractors are required to familiarize themselves with the Contractor Safety Video entitled "Consider Yourself one of Us " and the "Safety Guidelines for Contractors Annex D ", at Contractor's employees must complete the Contractor Orientation Course. The contractor /sub- contractor must sign the proper document to confirm compilance to the above. December 1005 ., `n SECTION D I[! lF A \ Y ► ► Introduction The objective of this document is to outline CN's Safety Guidelines for Contractors and non -CN personnel. For the Purposes of this document "Contractor" may also apply to individuals on CN property, whether under contract to CN or not. These guidelines are not to be considered as a substitute for the applicable government regulations. These guidelines are the minimum requirement and must be exceeded where the hazard or government regulations warrant. It Is not possible to deal with every hazard In this one handbook. These guidelines are to be employed in conjunction with Government Acts, Regulations, local Ordinances and good judgment to facilitate the safe completion of the work. Additional information regarding safe work practices may be Included In contract documents and specifications. In the event of a discrepancy between these guidelines and the contract, the contract shall govern. CN's Basic Safety Requirements The Contractor's attention Is drawn to the following highlights from CN's "Basic Safety Requirements ": 1. Take all reasonable measures to ensure the protection of employees, customers, property, and the general public. 2. Address promptly all environmental and safety concerns. 3. Analyze all accidents or Incidents resulting in, or having potentlal for, loss or injury, and take remedial action promptly to prevent recurrence. 4. Require all persons granted access to Company property to comply with applicable Risk Management policies, standards, and procedures. 5. Provide employees with appropriate training to enable them to work safely. 6. Inspect personal protective equipment (PPE), tools and equipment before use to ensure that they are in good working condition. 7. Contractors' employees or sub - contractors are required to familiarize themselves with the Contractor Safety Video entitled "Consider Yourself one of Us " and the "Safety Guidelines for Contractors Annex D ", at www.contra r igptatio�n cem . Contractor's employees must complete the Contractor Orientation Course. CN's Risk Management policy Is premised an the following: • to work In a safe manner is a condition of employment /Contract • all accidents or incidents resulting in loss or injury are preventable; • it is possible to eliminate or safeguard all operating conditions that may result in Injury, property damage, or other losses; • employees must be provided with appropriate training to enable them to work safely; • employees and management must work jointly In efforts to promptly resolve and improve safety and health conditions In the workplace; December 2005 97 6 Cj\1 APPENDIX 1 Costs of signalling and S &C employees (signalling and communication) are invoiced at a fixed rate, based on time passed on the building site by the employee. The rates include the travel time of the employee, his expenditures and his vehicle, but exclude the applicable taxes. The costs also include time required for the installation of the necessary equipment to establish protection against railway circulation, in accordance with the Rules of Railway Exploitation of Canada or any other CN safety regulations (flags delimiting the protection area). Since certain protection measures require a license emitted with a fixed duration acquired by the railway circulation controller, signalling employees must remain on the building site until the expiry of the license, and this even if the work has been completed. Costs (daytime hours, from Monday to Friday) SIGNALLING PROTECTION (4-6 HOURS ON SITE) Minimal time charged by employee — 6 hours 870$ Additional hours ( *) 145$ CABLE LOCATION Minimal time charged by employee — 4 hours 576$ Additional hours ( *) 1AAA Costs (daytime hours, Saturday & Sunday) SIGNALLING PROTECTION (4-6 HOURS ON SITE) Minimal time charged by employee — 6 hours 1230$ Additional hours ( *) 205$ CABLE LOCATION Minimal time charged by employee — 4 hours Additional hours ( *) 824$ 206$ Quarter of the 8 hour arrangement is included towards the time of transportation for the employee. Only for exceptional circumstances will CN grant signalling protection exceeding this period of time or during weekends. This permission must be obtained during the original request concerning the proposed work. Note: The total invoiced time will be rounded up to the subsequent hour. Example 1 : Monday, January 2, 2012, a CN signaling crew remains on site for 3 hours. The invoiced amount shall be of 870$. Example 2: Thursday, January 5, 2012, an S &C employee remains on site for 6.6 hours. The invoiced amount shall be of 1,008$. .; 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 requirements for safe, effective excavating practices in the vicinity of underground Signals and Communications ( "S &C ") cable on the Railway 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 safe and reliable Railway operation. CN has several external customers who have fibre optic cables along CN's Right -of -Way. The economic importance of fibre optic facilities continues to increase, as these fibre networks expand in both scope and capacity. Excavation Excavating includes any activity that results in an opening being made in the Definition ground, including, but not exclusive to, digging, trenching, plowing, auguring, pile driving, blasting, directional boring, installing sign posts and pipe pushing. This may include surfacing activities where machinery or equipment can damage or break cable and support structures which have been installed at or near ground level e.g.: bridges, culverts, underground passageways, station platforms. Fibre Fibre territories are those segments of the Right -of -Way where fibre optic Territories cables are found. Fibre optic cables are now installed on all of CN's main Definition corridors and may be located anywhere along the Right -of -Way. The limits of the Right -of -Way should be considered from the center of track(s) to the CN property line. 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 shall sign the document "Important Memo to Contractors" found in Appendix 1 of this Code of Practice confirming they have read and that they will abide by the associated terms and conditions. Continued on next page D. Tays March 1, 2001 Page 1 of 11 SCP - 1405 Approved 99 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Potential Damage to underground cables can have a severe impact on the operations of Impact of both CN and its external customers. CN Centralized Traffic Control, Disruptions to Engineering and Train to Wayside Radio Communications and CN's CN and Its WAN /LAN backbone can be disrupted resulting in service and operational Fibre problems. Customers In addition, the fibre optic network installed on CN is utilized by clients that offer important services such as, cable, banking, national defense, air- traffic control and emergency communication services (i.e. 911). Damage or cuts to cable thereby affects a much wider range of operations and services. 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. Continued on next page D. Tays March 1, 2001 Page 2 of 11 SCP - 1005 Approved 100 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued At Bridges, Cables are usually coiled near cable ends, at splice pedestals, tunnels, bridges, Pedestals & bungalows, road and track crossings and some culverts. Cable coils can be of Bungalows unequal size, unequal depth, and are nearly impossible to locate accurately with cable locating equipment. Where excavating or digging near fibre cable coils, the entire coil shall be located and exposed by hand digging or using CN approved vacuum equipment. Locating a portion of the cable coil and assuming the location of the remainder of the coil is not acceptable. Direct Buried Signal, power, fibre optic and other high capacity cone- nunication cables are Cables typically buried directly in the sub grade, and generally, but not always, parallel to the railroad tracks typically at a 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) or less may be encountered near underground obstructions such as culverts, station platforms, passageways or approaches to bridges and tunnels. 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. Common Wherever possible, a common trench is used when installing power, fibre optic Trench 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. Continued on next page D. Tam March 1, 2001 Page 3 of 11 SCP -1005 Approved 101 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Cable Markers Permanent cable markers are installed only to indicate the presence of buried cable and are not meant to indicate the precise location of the cable. Permanent cable markers are not necessarily placed directly above buried cables. Preparation for Excavators must contact the Network Management Centre (NMC) before Excavation excavating along the railway Right -of -Way. The NMC will arrange to have Work Division S &C forces locate and mark the location of fibre optic, power, and other S &C cables prior to excavation. Division Engineering (Engineering Services) shall be responsible to ensure that outside contractors, who are hired to perform various excavation services on CN's Right -of -Way, are familiar with the instructions contained in this document. Division Engineering shall advise the local S &C Supervisor and NMC of the location, date and nature of the work to be performed. Precautions Prior to commencement of any type of excavation along the Right -of -Way, the Prior to S &C employee (Foreinan -in- charge) must notify NMC. The S &C employee Excavating shall provide their naive, location where work will be performed, a description of the work and instructions on how they can be contacted. Excavation work shall not proceed unless authority has been granted by NMC. When excavation activities are being conducted by outside contractors or Track forces, within 2 meters of an underground cable, the designated S &C Maintainer or other qualified S &C employee shall remain at the excavation site until all excavation work is completed. Cable Locates Cable locates are to be completed in accordance with the Guidelines for Cable Location. These guidelines are located on the CN Intranet S &C Homepage under Documents/Fibre /Guidelines for Cable Location. Cable locates shall be requested a minimum of 72 hours in advance of the scheduled excavation work. Outside contractors responsible for the excavation work shall be present when the cable locate is being performed. Continued on next page D. Tays March 1, 2001 Page 4 of 11 SCP - 1005 Approved 102 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Cable Location The following cable location marking guideline, which is representative of Marling industry standards, is a good practice to follow when identifying the location of underground cables and utilities prior to excavation: Mark the location of the With... Using... underground A series of 8 foot straight lines, White spray paint Fibre or communications cable A series of 4 foot long lines Fluorescent orange paint directly over the cable Power or signal cables A series of 4 foot long lines Fluorescent red paint directly over the cable Gas, chemical or petroleum A series of 4 foot long lines Fluorescent yellow paint utility distribution pipe directly over the pipe Water or sewer pipe A series of 4 foot long lines Blue paint directly over the pipe Mark the limits of the... With.... Using... Hand Excavation only zone A series of 8 foot straight lines, White spray paint (1) meter parallel to and on each side of the cable or utility line Continued on next page D. Tays March 1, 2001 Page 5 of 11 SCP - 10055 Approved 103 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Precautions Railway excavation experience has proven there are certain situations where When the risk to damaging in service S &C cables is increased and special precautions Excavating are necessary. The following describes various situations and the method to use to avoid damaging any buried cables: 1. Whenever excavating is performed within 1 meter (3 feet) of a buried cable the ground shall only be excavated by hand digging or using CN approved equipment especially designed for exposing cables utilizing a vacuum system to remove the surrounding soil. Under no circumstances are mechanical excavating machines of any kind to be used unless the cable is fully exposed and pulled clear of the work area. 2. Whenever parallel trenching or excavating is performed with a back hoe or cable plow unit, beyond the 1M (3 feet) hand excavation zone, but within 2M (6.6 feet) of the existing cable, the preferred method of protecting the fibre cable is to install a temporary by -pass communication cable with "protection" circuits connected prior to excavating. The intent is to eliminate the possibility of unexpected service disruptions or failures due to the excavating equipment snagging and forcing sharp rocks or foreign objects through the cable(s) while plowing or trenching. 3. If the precautions described items 1 or 2 are impractical, a Method of Procedure (MOP) shall be developed by the responsible Supervisory officer. Refer to MOP section in this document. 4. When exposing cables, use extreme care to avoid damage to cable or wire insulation. Dig down 15 cin 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. 5. The use of mechanical excavating equipment shall be restricted to situations where it is known that there is no danger of contacting or damaging buried cables Mechanical excavating equipment may be used ONLY AFTER ALL BURIED FACILITIES INVOLVED HAVE BEEN EXPOSED and are clear of the excavation area. Continued on next page D. Tays March 1, 2001 Page 6 of 11 SCP -1005 Approved 104 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Precautions 6. If buried cable is encountered while excavating - Stop operations When immediately, expose it and investigate with extreme caution. The buried Excavating cable shall not be cut, chopped through or broken off without first (continued) determining if it serves a useful purpose. Under no circumstances is a buried cable to be disturbed unless authorized by the responsible S &C employee. 7. If any underground obstruction is encountered while excavating - Stop operations immediately. Expose and investigate the obstruction with extreme caution. Do not attempt to remove the obstruction until you are satisfied that removing it will not disturb or damage the buried cable. Under no circumstances is the buried cable to be disturbed unless authorized by the responsible S &C employee. 8. To prevent breaking or fracturing internal conductors or fibres, excavators shall avoid moving or bending fibre optic, power or signal cables at any time. The responsible S &C employee shall provide extra mechanical protection using split steel ducts and /or other protective materials, as required. 9. In the event that damage to a cable still occurs, - Stop operations immediately and report the location of damaged cable to the appropriate S &C employee. At no time shall unauthorized persons attempt to, move splice or repair damaged cables. Continued on next page D. Tays March 1, 2001 Page 7 of 11 SCP -1005 Approved 105 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Method of A Method of Procedure (MOP) shall be developed for situations where it is Procedures impractical to comply with items 1 or 2 of the preceding section — Precautions When Excavating. The MOP shall be developed by the Supervisor responsible to protect the cable, in conjunction with either outside contractors or CN Track and Roadway personnel involved in the excavation work. The MOP shall contain the following information: Limits of proposed work (Subdivision — mile points) Date and time duration i.e. yy /mm/dd 13:00 to 18:00 Identity of S &C employee (Forman in charge) and Supervisor including their emergency contact information i.e. phone number(s) Detailed explanation of alternative excavation methods, excavation supervision and/or special excavation equipment to be used. Risk Assessment. Contingency Plan (Description; location and availability of temporary by- pass cable; splicing kits; and additional personnel.) The completed MOP shall be submitted to CN's NMC center for authorization at least 14 days in advance of the planned work. The NMC will in turn submit a copy of the proposed MOP to CN's Fibre customers involved for approval of the MOP. The excavation work shall not proceed until the S &C employee and responsible Supervisor have received final authorization from CN's NMC center. Important: The employee responsible for the excavation work shall inform all individuals, outside contractors, involved in the excavation work and ensure that they fully understand the work procedures described in the MOP. Continued on next page D. Tays March 1, 2001 Page 8 of 11 SCP -1005 Approved 106 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Work Near 1. Use extreme care when excavating near buried power cables to avoid Buried Power damaging cable insulation and armor protection. Cables 2. Properly rated protective clothing i.e. gloves. 3. Properly rated non - conductive tools. 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. Regardless of the alternate work method selected, all employees required to work in close proximity of the cable should consider it as possibly energized and use the same level of caution, gloves and tools as described in the above items 1, 2, and 3. Accidental contact with a live power cable, or piece of equipment that is in contact with a live power cable, can result in loss of life. Safety During In a typical fibre optic system the transmitting light source emits a Work with concentrated beam of light that may not be visible to the naked eye. The level Fibre Optic of radiation may be sufficient to cause eye injury and caution must be Cables exercised to avoid exposure. This precaution applies to any point in the system where the laser signal can be addressed (for example in inside shelters at the optical connectors or on the optical interface circuit packs). As there is no requirement to stare directly at the end of a severed fibre optic cable, as a practical safety precaution, one should avoid doing so. A fibre optic cable is comprised of strands of glass that guide the light pulses down the cable. These glass strands have sharp ends that 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. Safety glasses are mandatory when working with fibre optic cables. Continued on next page D. Ta s March 1, 2001 Page 9 of 11 SCP -1005 Approved 107 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Safety During Supervisors and the employees in charge of excavating operations should be Trenching or familiar with all applicable safety regulations. These regulations are designed Excavating to ensure the safety of workers involved in the excavation operations and may be enforced by safety inspectors on behalf of state, provincial or federal regulators. Protect all openings, construction material, excavated material, or equipment with approved warning devices and/or barricades. Observe any other precautions that may be required by local conditions. Completion of After all work has been completed, backfill carefully, ensuring it does not Work contain materials that may cause damage to the cables. Restore the surface, as near as practicable, to its original condition, ensuring that any cable markers removed or damaged during work are replaced. Maintenance of Standards for work on CN's Right -of -Way are covered in Maintenance of Way SPC 6100 Way Standard Practice Circular, SPC 6100 entitled "Precautions to be Taken During 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 CN's right of way near Signal and Coinmunication facilities. Continued on next page D. Tays March 1, 2001 Page 10 of 11 SCP -1005 Approved 108 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, continued Risk and Track There are many CN Track and Structures work activities that could pose & Structures considerable risk to above ground and buried S &C cables. This table is Work Activities provided as a guideline only, to assist in assessing the associated risk with these and equivalent types of activities. Work Activity Risk Ditching High Ballast Regulation Medium Undercutting High Culvert Replacement High Brooming Low Tie Replacement Medium Bridge deck replacement High Important: High and medium risk work activities shall not start without prior consultation with the responsible S &C Supervisor and if necessary with the development and approval of a MOP. When in doubt — review the proposed work with the S &C Supervisor. D. Tays _ March 1, 2001 Page 11 of 11 SCP -1005 Approved 109 CAN March 1, 2001 Operations Signals & Communications Canadian National 935 de La Gauchetiere Street West Montreal, Quebec, Canada H3B 2M9 Important Memo to Contractors - Fibre Optic Cable Protection Fibre optic cables are in service along the Right -of -Way on 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. In addition, the fibre optic network installed on CN is utilized by clients that offer important services such as, cable, banking, national defense, air - traffic control and emergency communication services (i.e. 911). Damage or cuts to cable thereby affects a broad range of operations and services. CN expects its employees, and any contractor working on its right -of -way, to take every precaution to avoid disruption to CN's fibre installations. CN's goal is to avoid all preventable disruptions to fibre optic 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 will result in punitive action being taken. Asst. Chief Engineer S &C Canadian National Edmonton, Alberta Signals & Communications Page 1 Codes of Practice 110 SCP -1005 - Appendix 1 CAUTION — MISE EN GARDE Stakes or markings may disappear or be displaced. If any delays are incurred in acting on the locate information as given or should sketch and markings not coincide, a new locate must be obtained. Note that a cable locate is valid for only 30 days. Risque de disparition ou de deplacement des piquets ou des marquages. En cas de retard dans 1'execution du travail conformement aux donnees fournies ou en cas de non- correspondance des marquages et du croquis, obtenir de nouvelles donnees de localisation. Prendre note que les donnees de localisation ne sont valide que pour une duree de 30 jours. Depth of cable plant varies and must be determined by hand digging. Comme la profondeur des installations cables varie, creuser a la main pour la determiner. "THANK YOU FOR CALLING BEFORE YOU DIG" APPELEZ -NODS AVANT DE CREUSER! 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 that Plant Practice Bulletin 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 Division project file. 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C w � �• 5 y O h iL b cd V 2- F' U o � � h Uy L) U O^ C9 O O O a N � U a o � U cd � c ep o ° _y U LO �y o h N •^ y � � o m b h c� c •� a w O 'C A 0 A` M LW U a H r! 6 0 C� Ca � O 3 �1D 'p A b o � o U � o � � � � V o •� ° D U) Z co ° Z Z Y Q Z Z W-j 5 W Z -a� �o� 0 U) <awZ0 c� QQ Z (D F- ZpO� O LU — =) U)0�- cnUZ p�� C7U> W J p uiwco >�U r Qz wz= cnzw m � Z v0 LLIU)z z�E o >c? 62� m V w H owW5a2 o U) LL LL �p� ~ Z0Jw (Do 000° o� Qawj -i 00 U Q°cn O Y ^� Y N .s4 � 0 3 3 0 w d% U o .r o 20 U vVi A w O Y ^� Y N .s4 � 0 3 ao U Y U a 3 0 b Ll, N U � U H 0 0 U( aJ C i o U vVi A 1 � ao U Y U a 3 0 b Ll, N U � U H 0 0 U( aJ C Standards Respecting Pipeline Crossinl7IS s Under Railways TC E -10 (June 21, 2000) 11 C a'g 114 Canada CONTENTS 1. SCOPE 2. GENERAL APPLICATIONS AND EXCLUSIONS 3. GENERAL CONDITIONS 4. REQUIREMENTS FOR PIPELINES CROSSING UNDER RAILWAYS - GENERAL REQUIREMENTS FOR OIL AND GAS PIPELINES UNDER RAILWAYS 6. REQUIREMENTS FOR STEAM, WATER, SEWER AND OTHER NON- FLAMMABLE SUBSTANCE PIPELINES UNDER RAILWAYS APPENDIX 'A' - Plans and Design Requirements for Pipelines Crossing under Railways 115 -1- STANDARDS RESPECTING PIPELINE CROSSINGS UNDER RAILWAYS SCOPE 1.1 These standards may be known as the "Pipeline Crossing Standards ". 1.2 These standards are intended to ensure that pipeline crossings under Railways are installed, renewed and maintained in a safe manner. These standards apply to Railway Companies subject to the jurisdiction of the Minister of Transport pursuant to the Railway Safety Act. 2. GENERAL APPLICATIONS AND EXCLUSIONS 2.1 Pipeline Installation Procedures shall be in strict conformance with all Federal, Provincial and local safety regulations. 2.2 These standards do not include overhead cable crossings, overhead pipeline crossings, and underground cable crossings. 2.3 These standards do not apply to any pipe installed under a railway right -of -way prior to the date of approval of these standards, unless the pipeline crossing is to be reconstructed. 3. GENERAL CONDITIONS 3.1 No person shall commence the installation of any pipe under a railway without: a) submitting to the railway company detailed plans of the proposed installation in accordance with the requirements outlined in Appendix W; and b) obtaining a written approval from the railway company that owns, operates or has control of the railway. 3.2 No person shall commence the repair, maintenance or removal of any pipe under a railway without obtaining a written approval from the railway company that owns, operates or has control of the railway. 116 -2- 3.3 Every owner of a pipe installed under a railway, shall at all times maintain the pipe in good wonting order and condition, so that: a) the safety of railway operations is not threatened in any manner; b) the safety of the public, including the lives, well -being and health of people is safeguarded; and C) the environment is protected. 4. REQUIREMENTS FOR PIPELINES CROSSING UNDER RAILWAYS - GENERAL For oil and gas pipelines crossing under railways, the requirements of C.S.A. Standard Z662 -99, and subsequent revisions, will apply as modified and amended in Section 5 herein. For steam, water, sewer or other non - flammable substance pipelines crossing under railways, the requirements of Section 6 shall apply. The term "Engineer" used herein means the Chief Engineer of the railway company or his authorized representative. General: Railway design loading applicable to all pipelines crossing under railways shall be Cooper's E80 track loading, with diesel impact as specified in C.S.A. Standard Z662 -99. The use of optional limits states design processes under C.S.A. Standard Z662 -99 will not apply to the design of oil and gas pipelines crossing under railways. 5. REQUIREMENTS FOR OIL AND GAS PIPELINES UNDER RAILWAYS 5.1 Amend C.S.A. Standard Z662 -99 Clause 4.7 Cover and Clearance Requirements as follows: Table 4.8 "Minimum Cover and Clearance Requirements ": In the case of oil and gas, and hazardous* gas pipelines crossing under railways, Table 4.8 shall be amended as follows: 117 -3- Table 4.8 Minimum Cover and Clearance Requirements (1) Minimum cover for buried pipelines, cm (measured to top of carrier or casing pipe, as applicable) Location Type of Pipeline Class Normal Rock excavation Location Excavation requiring blasting or removal by comparable means Crossings of railway rights -of -way : below base of rail ** All Tracks: Cased Flammable or All 168 168 hazardous* gas (5.5 ft) (5.5 ft) or liquid Uncased Flammable or All 305 305 hazardous* gas (10.0 ft) (10.0 ft) or liquid Crossings of railway rights -of- -way: below bottom of ditches or ground surface ** Cased Flammable or All 91 91 hazardous* gas (3.0 ft) (3.0 ft) or liquid Uncased Flammable or All 183 183 hazardous* gas (6.0 ft) (6.0 ft) or liquid Railway rights-of-way for cased or uncased buri ed longitudinal pipelines * ** Between 762 cm and 1524 Flammable or All 183 183 cm from centre -line of hazardous* gas (6.0 ft) (6.0 ft) nearest track or liquid Greater than 1524 cm Flammable or All 152 152 from centre -line of nearest hazardous* gas (5.0 ft) (5.0 ft) track I or liquid * Non - flammable gas or liquid products which, from their nature or pressure, might cause damage or endanger the lives, well -being and health of people, or the environment, if escaping on or in the vicinity of railway property. 118 -4- ** Within 7 metres of centre of outside rail, measured at right angles to the centre- line of the track. * ** On portions of the right-of-way where carrier or casing pipe is not directly beneath any track. 5.2 Amend C.S.A. Standard Z662 -99 Clause 4.7.1 as follows; Add to end of Clause 4.7.1: For oil and gas pipelines crossing under railways, minimum cover requirements shall be in accordance with Table 4.8 of the referenced standard C.S.A. Z662 -99, as amended herein. For any proposed pipeline crossing physically unable to meet the minimum cover requirements specified in Table 4.8 as amended herein, the applicant will propose alternative methods and shall obtain approval of the Engineer to use such methods. 5.3 Amend C.S.A. Standard Z662 -99 as follows; Add as a new Clause 4.8.5 called "Pipe installation near railway bridges and buildings" the following: Pipelines carrying flammable or hazardous gas or liquids under railways shall not be placed within a culvert, under railway bridges nor closer than 13.7m to any portion of any railway bridge, building or other important structure on a railway right -of -way, except in special cases and then by special design as approved by the Engineer. Add to Clause 10.2.2: Emergency response procedures shall be developed by the applicant to handle a situation in which a pipeline leak or railroad derailment or incident may jeopardise the integrity of the pipeline. Local conditions shall be considered when developing these procedures. Add to Clause 10.2.8.4: Oil and gas pipeline crossings shall be prominently identified where pipelines enter and exit railway right -of -way, approximately on the limits thereof, by signs in a language or languages appropriate to the region in which the sign is located. Such signs shall meet the requirements of C.S.A. Standard Z662 -99, as amended herein. Additional signagc will be required by the Engineer where the above signs are not readily visible from the track. 119 -5- Add as a new Clause 4.4.11 called "Emergency Shutoff Valves" the following: For oil and gas pipelines, accessible emergency shutoff valves shall be located each side of the railway within effective distances as mutually agreed to by the Engineer and the pipeline company. These valves shall be marked with signs for identification. Where pipelines are provided with automatic control stations and/or valves that are remotely operated, no emergency shutoff valves are required at the crossing. Add as a new Clause 4.7.4 called "Longitudinal installations" the following: Longitudinal oil and gas pipelines on the railway right -of -way shall be located as far as possible from any track. They shall not be within 7.62m of the centre -line of any track, and shall be marked by a sign approved by the Engineer every 152.4m and at every road crossing, streambed, other utility crossing, and at locations of major change in direction of the line. In exceptional situations, where it is not physically possible to locate the pipeline beyond 7.62m of the centre -line of a track, the carrier pipe shall be encased or of special design and must be approved by the Engineer. 5.4 Amend C.S.A. Standard Z662 -99 Table 4.9 "Least Nominal Wall Thickness for Steel Casing Pipe in Cased Crossings and Carrier Pipe in Uncased Crossings" as follows; All least nominal wall thicknesses for steel casing pipe in cased crossings and steel carrier pipe in uncased crossings shall be as shown in Table 4.9, except that the least nominal wall thickness shall not be less than 4.8 mm in any case. Add new Notes under Table 4.9, as follows: Notes: 1) When steel casing pipe or carrier pipe is installed under a railway without benefit of a protective coating or is not cathodically protected, the least nominal wall thickness shown in Table 4.9 shall be increased by a minimum of 1.6mm. 2) Steel casing or carrier pipe installed under a railway shall have a specified minimum yield strength of 241 Mpa or greater. 5.5 Amend C.S.A. Standard Z662 -99 Clause 4.8.3 "Crossings of Roads and Railways" as follows; Add new item to Clause 4.8.3.3 Cased Crossings: 120 (h) Casing pipe and joints under railways shall be of leakproof construction capable of withstanding railway loadings specified herein, and shall be of steel unless otherwise indicated herein, or as approved by the Engineer. 5.6 Replace C.S.A Standard Z662 -99 Clause 12.4.6 with the following: Polyethylene carrier pipe may be used in pipeline systems for the transportation of gaseous hydrocarbons under railways if- (i) The design pressure does not exceed 700 kPa. (ii) The carrier pipe is made from polyethylene materials permitted by C.S.A. Standard CAN /CSA- B137.4 -92 (R1998), and subsequent revisions. (iii) The outside diameter of the carrier pipe is not greater than 168.3mm. (iv) The polyethylene carrier pipe within the entire limits of the railway right -of -way, is encased in a steel casing pipe meeting the requirements of C.S.A Standard Z662 -99, as amended herein. 5.7 Replace C.S.A. Standard Z662 -99 Clause 15.4.5 with the following: Aluminum pipe is not acceptable for use in pipeline crossings under railways. 6. REQUIREMENTS FOR STEAM, WATER, SEWER AND OTHER NON- FLAMMABLE SUBSTANCE PIPELINES UNDER RAILWAYS 6.1 Carrier and Casing Pipe Requirements Pipelines carrying steam, water (other than oilfield steam and water), sewer, and other non - flammable or non - hazardous substances under railways shall be encased in a larger pipe or conduit called the casing pipe. Casing pipe may be omitted under the following conditions: (a) under secondary or industrial tracks as approved by the Engineer, provided maximum operating pressure in the carrier pipe does not exceed 700 kPa.; (b) for non - pressure sewer crossings where the strength of the pipe and its joints are capable of withstanding railway loading, as approved by the Engineer. 121 -7- Carrier pipe, casing pipe, and joints shall conform to the applicable requirements of AREMA Ch. 1 Section 5.3 with respective materials in conformance with C.S.A. Standards, and be: (a) of acceptable material and construction as approved by the Engineer, and (b) of sufficient strength to withstand the internal pressure and external loading, and (c) properly connected at the joints and leakproof. Joints for carrier line pipe shall be leakproof mechanical or welded type. For steel carrier or casing pipe the least nominal wall thickness shall be in accordance with C.S.A. Standard Z662 -99 as amended in Section 5 of this Pipeline Crossing Standard. For pressures under 700 kPa in the carrier pipe, the casing pipe, if required, may be reinforced concrete pipe conforming to specifications in AREMA Manual for Railway Engineering Chapter 8 "Concrete Structures and Foundations ", Part 10 "Reinforced Concrete Culvert Pipe ", or coated corrugated metal pipe conforming to AREMA Manual Chapter 1, Part 4, all as approved by the Engineer. Respective materials shall conform to applicable C.S.A. standards. 122 -8- 6.2 Minimum Cover and CIearance Requirements (a) Minimum cover for buried pipelines, cm (measured to top of carrier or casing pipe, as applicable) Location Type of Pipeline Class Normal Rock excavation Location Excavation requiring blasting or removal by comparable means Crossings of railway rights -of -way c below base of rail ** Main Tracks: Cased Water, sewer, steam or non- All 168 168 flammable or non- (5.5 ft) or (5.5 ft) or below frost line hazardous* substance below frost line Crossings of railway rights-of -way: below base of rail ** secondary or Industrial Tracks; Cased Water, sewer, steam or non- All 137 137 flammable or non- (4.5 ft) or (4.5 ft) or below frost line hazardous* substance below frost line Uncased Water, sewer, steam or non - All 137 137 flammable or non- (4.5 ft) or (4.5 ft) or below frost line hazardous* substance below frost line Crossings of railway rights-of-w"; below bottom of ditches or ground surface * ** Cased Water, sewer, steam or non- All 91 91 flammable or non- (3.0 fl) or (3.0 ft) or below frost line hazardous* below frost substance line Uncased Water, sewer, steam or non- All 91 91 flammable or non- (3.0 ft) or (3.0 ft) or below frost line hazardous* substance below frost line Railway rights -of -way for cased or uncased buried longitudinal pipelines * ** Up to 1524 Water, sewer, steam or non- All 122 122 cm from flammable or non- (4.0 ft) or (4.0 ft) or below frost line centre -line of hazardous* substance below frost nearest track line Greater than Water, sewer, steam or non- All 91 91 1524 cm flammable or non- (3.0 ft) or (3.0 ft) or below frost line from centre- hazardous* substance below frost line of line nearest track * Non-flammable gas or liquid uc t w c , m ar e n re or pressure, might prod is h' h fro their nature dam cause age or endanger the lives, well -being and health of people, or the environment, if escaping on or in the vicinity of railway property. Within 7 metres of centre of outside rail, measured at right angles to the centre -line of the track. On portions of the right -of -way where carrier or casing pipe is not directly beneath any track. 123 -9- 6.3 General Installation Requirements For water and sewer crossings under railways, the highest point of carrier pipe shall be below the frost line. In regions of permafrost or where other obstacles make it impossible to place the pipe below the frost line, the applicant will propose alternate methods to protect the pipe in sub- freezing temperatures and shall obtain approval of the Engineer to use such methods. Pipelines carrying steam, water (including oilfield steam and water), sewer and other non - flammable or non - hazardous substances under railways, shall not be placed within culverts nor under railway bridges where there is likelihood of restricting the area required for the purposes for which the culverts or bridges were built, or of endangering the foundations. Any such pipelines laid longitudinally on railway rights -of -way shall be located as far as practicable from any tracks or other important structures. If located within 7.62 metres of the centre -line of any track, or where there is significant risk of damage from leakage to any bridge, building or other important structure, the carrier pipe shall be encased or of special design as approved by the Engineer. Every open drain crossing tracks in a railway yard shall be safely covered for at least 3.Om from the centre -line of track, except in times of flood when uncovered open drains may be provided as may be necessary. In this case warning signs shall be erected. C.S.A. Standards current at time of constructing the pipeline, shall govern the inspection and testing of the facility within the railway rights -of -way. The proof testing of the strength of carrier pipe shall be in accordance with C.S.A requirements. 124 APPENDIX 'A' Plans and Design Requirements for Pipelines Crossing under Railways For all pipeline crossings under railways (including oil and gas, steam, water, sewer, storm drain, etc.), plans for proposed installation shall be submitted to and meet the approval of the Engineer before construction is begun. Plans shall be. drawn to scale showing the relation of the proposed pipeline to railway tracks, angle of crossing, location of nearest shut -off valves, railway mileage, right -of -way lines and general layout of tracks and railway structures and facilities. Plans should also show a cross - section (or sections) from field survey, showing pipe in relation to actual profile of ground and tracks, with location of any joints in the carrier or casing pipe within the railway right -of -way, and necessary geo- technical boreholes (soil type) and ground water levels. Pipelines shall be installed under tracks by boring and/or jacking, if practicable. if open - cutting or tunneling is approved, the proposed limits of excavation, details of sheeting and method of supporting tracks or driving tunnel shall be shown, with supporting engineering calculations. In addition to the above, plans should contain the following data: Railway Mileage & Subdivision ..... Municipal Descriptions of Adjoining Properties ...... ............................... Name of Pipeline Owner ...... ............................... Carrier Pipe Casing Pipe Contents to be handled Outside Diameter Pipe Material ................. ............... Specification and grade ................. ............... Wall thickness Maximum Operating Pressure ................. ............... Maximum Surge & Test Pressure ................. ............... Maximum Operating Temperature ......... I..... Minimum Operating Temperature ................. .......,,,,,,,, Type of joint ................. .............. Coating ................. ......... Method of installation Vents: Number ......... Size.......... Height above ground .......... Seals: ....................... Both ends......... Type................. Bury: Base of rail to top of casing .... ............................... m Bury: (Not beneath tracks) .... ............................... m Bury: (Roadway ditches) .... ............................... m 125 -2- Extent of casing measured perpendicular to centre-line of track ............................... m Type, size and spacing of insulators or supports . ............................... Distance C.L. track to face of jacking/receiving pits m Bury: Base of rail to bottom jacking/receiving pits m Cathodic Protection Geotechnical Boreholes: Soil Type Base of Rail to ground water yes.......... no.......... yes.......... no.......... ...... ............................... ....... . .................... m Plans shall be sealed and signed by a professional engineer, competent in this field, registered in the province or territory in which the pipeline crossing is located. The execution of work on railway rights -of -way, including the supporting of tracks, shall be subject to the inspection and direction of the Engineer. Where laws or orders of public authority prescribe a higher degree of protection than specified herein, then the higher degree of protection so prescribed shall be deemed a part of this Standard. 126 APPENDIX "E" Water /Sewer Pipe Line Crossin s Applicants must submit six (4) copies of an acceptable plan. Plans must meet TC E -10 and Railway Standards. Cost for reviewing the first plan received shall be included in the Basic Application Fee. The applicant will be charged an additional fee for each review after the initial application due to inadequate or missing information. The following information is required on application drawings: application drawings must be to scale or have all dimensions shown. site plan showing location tied into legal description, width of the Railway right- of-way, number of tracks and angle of crossing. direction of flow, location of shut -off valve on pressure side of Railway right -of- way profile showing depth of burial from base of rail and ditch bottoms to top of pipe. cross- section showing or note stating carrier pipe will be held clear of casing pipe by supports (if applicable as per TC E -10). - type, wall thickness and pressures (operating and maximum test) of carrier and casing pipes. - concrete pipe must be minimum of class V. - steel casing is required for a water line and all plastic pipe. - intention to install warning markers at each edge of Railway right -of -way. - type of cathodic protection (if used). - when casing is used, it must extend the full width of the Railway's core right-of- way or a minimum of 50' on either side of outermost rails. - caption stating "Installation and maintenance to be in accordance with TC E -10 ". - note stating method of installation. must be shown or noted that the ends of the casing will not be sealed. professional engineer's stamp and signature. contact name, address and phone number of pipeline owner on plan or cover letter. copy of soils investigation (when required to support method of installation or as requested by the Railway at time of application). location of nearest excavation from nearest rail to be identified on drawing. note of track name and mileage on drawing. The nearest point at which digging can take place for boring pits, etc., is as follows: Starting ten (10) feet from the gauge side of the nearest rail, calculate a slope to the bottom of the proposed pipe at 1.5:1. If a 1.5:1 slope cannot be maintained or more restrictive conditions occur, approved shoring will be required. 127 REFORT TO COMMON COUNCIL M &C- 201,1-71 April 3, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up - Pipe Crossings Under CN Tracks 0.17 Dry Dock Spur and Mile 0.41 Dry Dock Spur off Sussex S/D, Saint John, N.B. BACKGROUND: City of Saint John 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 #4, associated force mains and gravity sewers to a maximum of 125 per cent of the appraised value. 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 main pipe crossing under the CN tracks at Mile 0.17 Dry Dock Spur located on Rothesay Ave near the Staples store, and also a forcemain pipe crossing at Mile 0.41 Dry Dock Spur near Thorne Ave. near the Chandler Sales store. In order to enter upon these lands, CN requires the City to fulfill certain terms and conditions contained in two letters from CN dated March 01, 2012 and March 29, 2012, and their addenda as attached. CN will then sign and return the Standard Pipe Agreements for each of the four crossings. The CN engineering, agreement and administration fees associated with these Pipe Agreements are $1,850.00 + 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 each of the two CN letters. 128 Report to Common Council Page 2 April 3, 2012 INPUT FROM OTHER SOURCES: The City Solicitor's Office has reviewed the documentation attached hereto pertaining to these two railway crossings and have concerns with clauses 6 & 13 of each of the CN standard pipe agreement documents. Clause 6 permits CN to require removal, relocation & modification of the Work (City infrastructure) & clause 13 is a 30 day termination clause, however, these clauses appear in the CN pipe /rail crossing agreements entered into by the City since 2000. The City's Project Engineer is satisfied with the content of the documentation attached hereto, having reviewed same with Crandall Engineering, RECOMMENDATION: That the City of Saint John enter into agreement(s) with Canadian National Railway (CN) to permit the installation of a sanitary main pipe crossing under the CN tracks at Mile 0.17 Dry Dock Spur (Saint John), located off Rothesay Ave., upon the terms and conditions set by CN in their letter and documents attached to M &C 2012 - 71 for the sum of $1,850.00+ HST, if applicable. 2. That the City of Saint John enter into agreement(s) with Canadian National Railway (CN) to permit the installation of a forcemain pipe crossing under the CN tracks at Mile 0.41 Dry Dock Spur (Saint John), located off Thorne Ave, upon the terms and conditions set by CN in their letter and documents attached to M &C 2012 - 71 for the sum of $1,850.00+ HST, if applicable. 3. 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 J Patrick Woods, C.G.A. City Manager 129 Description of Plan: Rothesay Ave., Thorne Ave., Russell St. Area N CNR Rail Crossings Mi 0.17 & 0.41 Dry Dock Spur off Sussex Subdivision Date: 04 April, 2012 130 Canadian National Region de I'Est du Canada 255 Hump Yard Road Moncton, (Nouveau�Brunswick) El E 4S3 T616copieur: (506) 853 -2757 Y /F: March 1, 2012 City of Saint John Municipal Operations and Engineering 175 Rothesay Ave. Saint John, NB E2J 2B4 Attention: John Campbell, P.Eng Canadian National Eastern Canada Region 255 Hump Yard Road Moncton, N.B. E1 E 4S3 Facsimile: (506) 853 -2757 O /F: 4715- DDS -0.17 RE: Application for a proposed sanitary sewer pipe crossing on CN Property - Mile 0.17 Dry doe Spur off Mile 85.35 Sussex S/D in Saint John NB. Dear Applicant, Canadian National has no objection to your proposed project to install a sanitary sewer pipe crossing on ON property, at Mile 0.17 Dry Doc Spur, located in Saint John, NB providing you meet Transport Canada standard TO E -10. With reference to your submission dated March 1, 2012 and attached copy of plan number 11062 -1 D -CN2, your application has been reviewed and approved in principle. Arrangements for the installation can only begin when ON 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 ■ 4 copies of stamped plans = Copy of Insurance Certificate R Signed Agreements (3) ■ Cheque for lifetime agreement ($1850.00 plus HST), payable to Canadian National Railway Company The engineering, agreement, and administration fees associated with this application will be $1850.00 t 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 ON flagman being present, an amount of $ 5000 shall be billed to you as a penafty. If one or more trains are delayed, you must pay to Canadian National, under title of Damages of Liquid Assets and not under title of penalties, the following amounts depending on the situation: 131 ■ Passenger trains: $ 2500.00 per delay t $ 25.00 per minute of delay ■ Freight Trains: $ 200.00 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 $ 5 000 000. 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: 1. 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. 2. If requested, a geotechnical laboratory shall send us, by fax at (506) 853 -2757, a report on the advancement of the work. 3. 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. 4. 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. 5. You shall be responsible for locating existing public utilities and if necessary making arrangements with the concerned authorities 6. 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. 132 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 not hesitate to call the undersigned at (506) 853 -2885 or fax (506) 853 -2757. Please quote the Railway's file number in any communications with this office. Yours truly, Mark LeBlanc CN Technical Services 133 RE: Proposed sanitary sewer pipe crossing on CN property — Mile 0.17 Dry Doc Spur offf Mile 85.35 Sussex SID. We have read and understand the terms and conditions of this letter, and we accept them. Signed at , this PERSON IN CHARGE day of 201 _ Name in print Name in print Title Title Signature Signature Return to the attention of Mark LeBlanc: mark.leblanc @ cn.ca Fax: (506) 853 -2757 134 WITNESS AI- E _7N id 33 - Tor mc 135 STANDARD PIPE AGREEMENT — PROVINCES OTHER THAN QUEBEC Y /F: O/F: 4715 -DDS -0.17 AGREEMENT NO. This Agreement entered into at Province of , 'this _day of .2012. BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY, a corporation having its head office at 935 de la Gauchetiere Street West, Montreal, Quebec H3B 2M9 (hereinafter called the "Railway ") AND: CITY OF SAINT JOHN Municipal Operations and Engineering 175 Rothesay Ave. Saint John, NB E2J 284 (hereinafter called the "Applicant ") WHEREAS the Railway hereby grants the Applicant the right and privilege to install, use and maintain a sanitary sewer pipe crossing, within the Railway's right -of -way, at Mile 0.17 Dry Doc Spur off Mile 85.35 Sussex S/D (hereinafter the "works "), in the City of Saint John, Province of New Brunswick, as shown on Plan(s) No. 11062 -1 D-CN2 (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. S. 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. 6. Should it become necessary or expedient for the purposes of repair or improvement on the said Railway that the works be removed, relocated or modified, the Applicant shall, at its risk and expense, comply with the request of the Railway, failing which the Railway shall have the right to execute or have executed, at the risk and expense of the Applicant, any work required to remove, relocate or modify the said works. 7. In addition to any other amounts payable by the Applicant pursuant to this Agreement, as compensation for the rights and privileges herein granted and until Clause 13 is invoked, the Applicant 136 -2- shall immediately pay a non - refundable one -time lump sum of $1,850, plus the applicable H.S.T. AI sums payable pursuant to this clause shall be payable to the order of the Railway, care of its authorized representative, at such address as the authorized representative shall provide. 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 Applicants 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 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 anytime, 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 93 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 Contamination 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, the Applicant shall remove such facility, subject to the provisions of Clause 15. The Applicant shall have the burden of proving that any Environmental Contamination has not resulted from or occurred during its occupation or use of the Premises. 137 -3- 9.5 The responsibility of the Applicant to the Railway with respect to the environmental obligations contained herein shall continue to be enforceable by the Railway notwithstanding the termination of this Agreement. 10. The Applicant shall, at its sole expense, provide and maintain in full force and effect during the term of this Agreement, and for any subsequent renewal term, insurance coverage as follows: 10.1 Commercial General Liability, in the amount of no less than five million dollars ($5,000,000) per 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 Municipal Operations and Engineering 175 Rothesay Ave. Safnt John, NB E2J 284 Attention: John Campbell, 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, 138 :[0 and if mailed, on the third business day following the date 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. 15. Prior to the expiry of the present Agreement or, in the cancellation of the Agreement within a period determined in writing by the Railway, the Applicant will, at its risk and expense, remove from the Railway's property all works constructed under this Agreement, as well as all material not belonging to the Railway, except for the metal casing which will remain in place in perpetuity. As for the pipe installed inside the metal casing, the Applicant will at its discretion have the option of either leaving the pipe or removing it. The Applicant will be required to fill the casing and any pipes left within with cement and restore the Railway's property to the satisfaction of the Railway. Should the Applicant fail to comply with the requirements of this Clause, the Railway reserves the right, at its discretion, to do the work that the Applicant should have done in accordance with this Clause, or to have the work done, at the risk and expense of the Applicant. Under such circumstances, all the material located on the Railway's property shall become the property of the Railway, without compensation to the Applicant and without prejudice to 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. Witness for the Railway Witness for the Applicant Witness for the Applicant 139 CANADIAN NATIONAL RAILWAY COMPANY Richard K. Paton Regional Manager, Eastern Canada I am authorized to bind the Company APPLICANT Name: Title: I am authorized to bind the Company Name: Title: I am authorized to bind the Company CN Re National Region gion de ['Est du Canada 255 Hump Yard Road Moncton, (Nouveau-Brunswick) E1E 4S3 7e1ecopieur: (506) 853 -2757 910 March 29, 2012 City of Saint John Municipal Operations and Engineering 175 Rothesay Ave. St. John, NB E2,12134 Attention: Kendall Mason Canadian National Eastern Canada Region 255 Hump Yard Road Moncton, N.B. E1 E 433 Facsimile: (506) 853 -2767 O /1=: 4715- DDS -0.41 RE: Application for a proposed forcemain pipe crossing under CN Right of Way Mile 0.41 Dry Doc Spur oft Sussex 5 /D, in Saint John, NB. Dear Applicant, Canadian National has no objection to your proposed project to install a forcemain pipe crossing under ON Right of Way, at Mile 0.41 Dry Doc Spur off Sussex S/D, located in Saint John, NB providing you meet Transport Canada standard TC E -1 o, With reference to your submission dated January 12, 2012 and attached copy of plan number R032 -064, your application has been reviewed and approved in principle. Arrangements for the installation can only begin when ON 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, SOP 1005 ■ 4 copies of stamped plans ■ Copy of Insurance Certificate ■ Signed Agreements (3) ■ Cheque for lifetime agreement ($1,850.00 plus HST), payable to: Canadian National Railway Company The engineering, agreement, and administration fees associated with this application will be $1,850.00 + 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 ON flagman being present, an amount of $ 5000 shall be billed to you as a penal1y. If one or more trains are delayed, you must pay to Canadian National, under title of Damages of Liquid Assets and not under title of penalties, the following amounts depending on the situation: 140 ■ Passenger trains: $ 2500.00 per delay + $ 25.00 per minute of delay • Freight Trains: $ 200.00 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 $ 5 000 000. 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: 1. 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. 2. If requested, a geotechnical laboratory shall send us, by fax at (506) 853 -2757, a report on the advancement of the work. 3. 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. 4. 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. 5. You shall be responsible for locating existing public utilities and if necessary making arrangements with the concerned authorities 6. 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. 141 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 not hesitate to call the undersigned at (506) 853 -2885 or fax (506) 853 -2757. Please quote the Railway's file number in any communications with this office. Yours truly, Mark LeBlanc CN Technical Services 142 RE: Proposed forcemain pipe crossing under CN Right of Way — Mile 0.41 Dry Doc Spur off Sussex SID. We have read and understand the terms and conditions of this letter, and we accept them. Signed at I this day of 241 . PERSON IN CHARGE WITNESS Name in print Title Name in print Title Signature Signature Return to the attention of Mark LeBlanc: mark.lebtanc G cn.ca Fax: (SOB) 853 -2767 143 11 SA 144 I i-;v 7q SL 33 144 I ti r ° ' j \ / �` ( ` . . | \ ~y �) � �� \$ \ ;\ � �� . \.\ \i \� co ) «\ n } § \�� .� �\ \ ` ! " ƒ! � �� ° j 145 ( `. «�\ !,! 4 « 2:�\ \ ~/ )� ®r ti r ° ' j \ / �` ( ` . . | \ ~y �) � �� \$ \ ;\ � �� . \.\ \i \� co ) «\ n } § \�� .� �\ \ ` ! " ƒ! � �� ° j 145 STANDARD PIPE AGREEMENT — PROVINCES OTHER THAN QUEBEC Y/F: 0 /F: 4715 -DDS -0.41 AGREEMENT NO. This Agreement entered into at _ day of 2012. BETWEEN: Province of CANADIAN NATIONAL RAILWAY c having its head office at 935 de la Montreal, Quebec 11313 2M9 (hereinafter called the "Railway") AND: CITY OF SAINT JOHN Municipal Operations and Engineering 175 Rothesay Ave. St. John, NB E2J 2134 (hereinafter called the "Applicant ") WHEREAS the Railway hereby grants the Applicant the right and privilege to insta a forcemain pipe crossing, within the Railway's right -of -way, at Mile 0.41 Dry I 5/0 (hereinafter the "works "), in the City of Saint John, Province of New Bruns Plan(s) No. R032 -064 (hereinafter the "Plan(s) "), attached hereto and forming part NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the m agreements herein and subject to the terms and conditions set out in this Age agree as follows: this a corporation a Street West, I, use and maintain ioc Spur off Sussex wick, as shown on I covenants and ent, the parties 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 tvorks shall proceed until the Agreement has been signed and the plan(s) has/have been approved by t Railway. 2. The works shall be constructed and at all times maintained in accordance with th Railway Safety Act and regulations, plans or specifications in force, adopted or approved by Transpo Canada respecting pipe crossings under Railways, including Standards Respecting Pipeline Crossings U der Railways, TC E- 10, effective May 10, 2001 (Appendix B), as amended from time to time, Ad any subsequent replacement document, according to the plans and specifications approved by the Rz ilway. 3. No maintenance work shall be done without first obtaining the Railway's 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 i nd 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 aintenance of the works, including flagging, location of underground cables and engineering fees, shall be paid by the Applicant. 6. Should it become necessary or expedient for the purposes of repair or impro ement on the said Railway that the works be removed, relocated or modified, the Applicant shall, at its risk and expense, comply with the request of the Railway, failing which the Railway shall have the rig to execute or have executed, at the risk and expense of the Applicant, any work required to remove, re ocate or modify the said works. 7. In addition to any other amounts payable by the Applicant pursuant to this Agreement, as compensation for the rights and privileges herein granted and until Clause 13 is in ked, the Applicant 146 -2- shall immediately pay a non - refundable one -time lump sum of $1,850, plus the pplicable H.S.T. All sums payable pursuant to this clause shall be payable to the order of the Railway, c 3re of its authorized representative, at such address as the authorized representative shall provide. The Applicant shall also pay all taxes, rates and assessments of any other nature thal may be levied from time to time during the course of this Agreement against the Railway's property as - result of the works constructed by the Applicant. The Railway's G.S.T. Registration Number is R1007687 9. B. The Applicant shall indemnify and save harmless the Railway from and against II actions, causes of action, proceedings, claims and demands (hereinafter referred to as 'Liability") for an direct losses, costs, damages or expenses suffered or incurred by the Railway, by reason of any da age of whatsoever nature including damages to property or to any persons caused by, resulting from c r attributable to any actiorror omission by the Applicant, its employees, servants, agents, licensees, inv tees 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 resul ing in death, to the employees, servants, agents, licensees or invitees of the Company while on Railwa property, except to the extent that such liability, damage or injury is contributed to, caused by, results f m or is attributable to the negligence or misconduct of the Railway or of those for whom it is by law resr lonsible. 9. The Applicant shall immediately carry out all measures which the Railway, ir 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 Appli ant's occupation or use of the Railway's premises (hereinafter the "Premises "), such condition to be coni rmed (at the option of the Railway and at the sole expense of the Applicant) by a post-termini tion environmental inspection/audit of the Premises to be carried out by the Railway. The Applicant shall be solely responsible forthe cost of all work carried out to correct any Environmental Contam nation which occurs on the Premises, or which occurs on other lands as a result of the Applicant's occu ation or use of the Premises. 9.1 a) Notwithstanding the foregoing, in the event that the Railway, at any. ime, suspects that a potential source of Environmental Contamination may be either present on the I Iremises or at risk of escaping from or onto the Premises to or from the adjoining lands, the Railways all 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 a pense, such tests as may be required to verify the condition of the Premises. The Applicant shall, at ts expense, take any and all action as shall be required to prevent such Environmental Contaminatic n 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 ontc the Premises from adjacent lands or resulting from third party occupation. 9.2 If the Applicant fails to correct any Environmental Contamination to th satisfaction of the Railway and any public authority having jurisdiction, the Railway may perforn 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 f een per cent (15 %) for overhead, and the Applicant shall pay the Railway's invoice or invoices for sich costs within ten (10) days of receipt of each invoice. In the event such remedial work is carriE d 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, provincii I 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 pro ion requires the installation of equipment or apparatus on the Premises to improve the enviror ment or to improve fire protection facilities, then the Applicant shall promptly install such equiprr ent or apparatus or take such measures as may be required by such public authority. The App cant shall be solely responsible for the cost of all work carried out to comply with the requirements f 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 Contamination resulting from or occurring during the Applicant's occupation or use of the Premises. If the Applicant has installed an I facility on or under the Premises, the Applicant shall remove such facility, subject to the provisions of Clause 15. The Applicant shall have the burden of proving that any Environmental Contamina ion has not resulted from or occurred during its occupation or use of the Premises. 147 M 9.5 The responsibility of the Applicant to the Railway with respect to the envir mental obligations contained herein shall continue to be enforceable by the Railway notwithstandin the termination of this Agreement. 10. The Applicant shall, at its sole expense, provide and maintain in full force and effect during the term of this Agreement, and for any subsequent renewal term, insurance coverage as follo s: 10.1 Commercial General Liability, in the amount of no less than five million doll irs ($5,000,000) per occurrence, combined single limit for bodily /personal injury (including death), r for damage to or destruction of property (including loss of use) caused by accident or occurre e. This policy shall name the Railway as an additional insured and shall contain a cross - liability claus , 10.2 The Applicant shall provide the Railway with proof of insurance in the fc rm 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 of the Railway and the Applicant; however, the Applicant may not assign or transfe whole or in part, or any of the rights and privileges resulting there from, witho consent of the Railway. Said consent may not be unreasonably withheld. N foregoing, assignment or transfer by the Applicant of its interests in the present Agi subsidiary or affiliate of the Applicant shall be not considered an assignment or trap: of this Agreement. 13. This Agreement will continue in force from the date hereof to its terminat giving a written notice to the other party at least thirty (30) days from the date c event of any failure by the Applicant to comply with any provisions of this Agrees Applicant being notified in writing by the Railway alleging such failure and fai failure within (thirty) 30 days of receiving such notice, the Agreement will be fc upon receipt of written notice of termination. In either case, it is understood that reimburse the Applicant for any monies paid in advance under the provisions of thi 14. Unless otherwise specified, all notices, accounts, statements, rei instructions to be given by any party under the terms of this Agreement must 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 Municipal Operations and Engineering 175 Rothesay Ave. St. John, NB E2J 2B4 Attention: Kendall Mason Facsimile: (506) 658 -4740 nd representatives this Agreement, in : the prior written twithstanding the ement to a parent, �r for the purposes m, at any time, by expiration. In the ent, and upon the ng to remedy the thwith terminated ie Railway will not Agreement. s, documents or given in writing at Notice shall be sufficiently given if delivered by courier or facsimile, or if mailed b 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 giv n or made on the date delivered or the date that a confirmation of receipt of the facsimile was reco ded by the sender, and if mailed, on the third business day following the date on which it was mailed In the event of an .• -4- actual or imminent disruption of postal service in Canada, the notice shall be delAred by courier. 15. Prior to the expiry of the present Agreement or, in the cancellation of the period determined in writing by the Railway, the Applicant will, at its risk and expel Railway's property all works constructed under this Agreement, as well as all mate the Railway, except for the metal casing which will remain in place in perpetui installed inside the metal casing, the Applicant will at its discretion have the option pipe or removing it. The Applicant will be required to fill the casing and any p cement and restore the Railway's property to the satisfaction of the Railway. Shoulc comply with the requirements of this Clause, the Railway reserves the right, at its work that the Applicant should have done in accordance with this Clause, or to ha, the risk and expense of the Applicant. Under such circumstances, all the mat Railway's property shall become the property of the Railway, without compensation without prejudice to the Railway's right to recourse against the Applicant for compe 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 enjoyment of the Railway's property by the Railway and its representatives. If the F discretion, that the work being undertaken or the method used to undertake the v Railway in any way, the Railway may order the work stopped, recommend a difl require that adequate protective measures be taken and generally impose an combination of measures that the Railway may deem necessary under the circumsta will comply with the requirement of this clause, at its risk and expense and without Railway except for damages, if justified. lreement within a remove from the l not belonging to As for the pipe either leaving the >s left within with ie Applicant fail to ;cretion, to do the the work done, at al located on the the Applicant and ation for any costs maintenance or the ailway deems, at its ork will impede the arent methodology, f measures or any ices. The Applicant ecourse against the 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 lavis 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 he eof. IN WITNESS WHEREOF the parties hereto have executed these presents as of th day and year first above written. Witness for the Railway Witness for the Applicant Witness for the Applicant 149 CANADIAN NATIONAL RAILWAY CIDMPANY Richard K, Paton Regional Manager, Eastern Canada I am authorized to bind the Compa APPLICANT Name: Title: I am authorized to bind the Compa Name: Title: I am authorized to bind the Compa bc� - .L- - 1 , L LEN .. "Expect the movement of a train, either direction. engine, rail car or track unit at any time, on any track, in Protect yourself and others from the movement of trains, engines, raycars 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 immediately at: 1- 800 -465 -9239 Alternatively, contact CN's Network Operations Centre in Edmonton at: 1 -800- 661 -3963 Before any digging is performed on CN property, proper clearance and instructions must be obtained through the Information Technology Command Centre (ITCC Network Management Centre) at: 1-800 - 661 -3687 or 1- 800 -NQ1 -FATS In an emergency, any object waved violently by anyone on or near the track is a signal for trains to stop. Violation of CN's "Risk Management Policy" or contravention of these guidelines may result In the immediate removal of the Contractor or the offending personnel from CN property. m Contractors shall follow all applicable Federal, Provincial, State, 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 Risk Management Policy as well as all applicable regulations and shall ensure compliance by workers at the job site. Supplementary instructions may be Issued by CA representatives from time to time. I ►� strut eons I. 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 (Permits, Licenses, Contract Documents, Contractor Safety Approved Sticker 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. 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 eight (8) meters or approximately twenty - five (25 feet) of the centerline of the nearest rail except in the presence of a CN assigned person. CN assigned persons 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. (Exemptions may apply as authorized by system safety department) 5. Equipment operating within eight (8) meters or approximately twenty five (25 feet) of the nearest rail must come to a comgjet stoo prior to the passage of engines, railcars, or track units. (Exemptions may apply as authorized by system safety department) 6. No vehicle or heavy equipment may be situated or moved closer than five (S) meters or fifteen (15 feet) from the nearest rail unless a CN assigned person has placed a block on train movements. (Exemptions may apply as authorized by system safety department) December 2005 150 VI 7. Upon the passage of a train, Contractor's personnel shall stand no closer than five (5) meters or fifteen (15 feet) from any switch stand and, if possible, on the opposite side of the track. (Exemptions may apply as authorized by system safety department) S. 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 eight (B) meters or approximately twenty five (25 feet) of standing railway equipment. 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 (Please refer to previous page for contact number to call for authority). 11. In accordance with CN's safety standards, 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, (protective footwear shall meet or exceed CSA 2195 and /or ANSI 41.1, shall cover and support the ankle and have a defined heel a minimum of 13 mm (1/2 Inch) and shall not exceed 25 mm (1 Inch), boots must be equipped with laces, which must be laced to the top and tied) safety glasses and reflective apparel. Hearing and respiratory protection and fall arrest equipment shall be worn where signs are posted or when a potential hazard exists. 12. No CN plant, signal, structure, equipment or property of any kind may be tampered with, modified or removed. 13. "Hi -rall" equipment shall only be operated on the track by personnel qualified in the latest version of the "Canadian Rail Operating Rules ". 14. Horseplay, practical jokes, fighting or any other activity that may create a hazard will not be tolerated, 15. Contractor's personnel shall immediately abide by Instructions from CN personnel. Dru4 a Contractor's personnel will be bound by the provisions of CN's " ent Eoblems" 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. Pollcv 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 remains fit for duty. 2• : Where a CN representative 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 We place. 3. The Contractor will be expected to investigate the situation. 4. The Contractor must satisfy CN that there was not a policy breach. December 2005 151 5. The individuals) 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• C.Qp;tittences of Ylola iron: Failure of the Contractor, its employees or sub - contractors to meet these standards will be considered a breach of contract. Firearms Firearms (loaded or empty) are M permitted on CN property, except for CN police officers and other designated Persons performing authorized work and when authorized to do so. In all cases, any firearms must be accompanied with a written authorization from the Chief of CN Police and the person should have in his possession all pertinent government permits. No explosives will be permitted on CN property without written CN approval. Vehiclac 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 for the safety of all passengers and the stability of materials being transported. r la Smoking Is not permitted in any CN Interior workplace or motor vehicle. Security 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, 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. Reporting Accidents-/ Incidents All accidents / incidents occurring on CN property, 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 (i.e. Company Officer assigned as Liaison to Contractor) within seven (7) days detailing the nature of the incident, the cause(s), regulatory authorities notified, and a specific action plan to prevent recurrence. December 2005 152 0 Ireatment of Iniu_ red _QersQp el (ContrActor . 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. Quallfled personnel to render first -ald treatment. 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 21, It will contain the following Information: I. Contractor's name, address and telephone number, 2. Date of qualification 3. Employee's full name and personal Identification details (e.g. Driver's License No. ) 4. Name of Contractor's representative issuing the card. Such personnel shall also have a CN approved sticker (CN Safety Guidelines for Contractors Sticker) affixed to Contractor's personnel hardhat. Audio an MisuaWJKQ=dinCj Caull2m 'nt Cameras and audio- visual equipment are not permitted on CN property without prior approval. Summam 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. Contractors' employees or sub - contractors are required to familiarize themselves with the Contractor Safety Video entitled "Consider Yourself one of Us " and the "Safety Guidelines for Contractors Annex D ", at wwV,, contra ctoro n aU2 M. Contractor's employees must complete the Contractor Orientation Course. The contractor /sub - contractor must sign the proper document to confirm compliance to the above. December 2005 153 10 SECTION ID Lntroductznn The objective of this document is to outline CN's Safety Guidelines for Contractors and non -CN personnel. For the Purposes of this document "Contractor" may also apply to individuals on CN property, whether under contract to CN or not. These guidelines are not to be considered as a substitute for the applicable government regulations. These guidelines are the minimum requirement and must be exceeded where the hazard or government regulations warrant. It Is not possible to deal with every hazard In this one handbook. These guidelines are to be employed in conjunction with Government Acts, Regulations, local Ordinances and good judgment to facilitate the safe completion of the work. Additional Information regarding safe work practices may be Included In contract documents and specifications. In the event of a discrepancy between these guidelines and the contract, the contract shall govern. CN's Basic Safety Reggirements The Contractor's attention is drawn to the following highlights from CN's "basic Safety Requirements ": I. Take all reasonable measures to ensure the protection of employees, customers, property, and the general public. 2. Address promptly all environmental and safety concerns. 3. Analyze all accidents or Incidents resulting In, or having potential for, loss or Injury, and take remedial action promptly to prevent recurrence. 4. Require all persons granted access to Company property to comply with applicable Risk Management policies, standards, and procedures. S. Provide employees with appropriate training to enable them to work safely. 6. Inspect personal protective equipment (PPE), tools and equipment before use to ensure that they are in good working condition. 7. Contractors' employees or sub - contractors are required to familiarize themselves with the Contractor Safety Video entitled "Consider Yourself one of Us " and the "Safety Guidelines for Contractors Annex D ", at w n a r . Contractor`s employees must complete the Contractor Orientation Course. CN's Risk Management policy is premised on the following: • to work In a safe manner Is a condition of employment/Contract • all accidents or incidents resulting in loss or injury are preventable; • it is possible to eliminate or safeguard all operating conditions that may result in injury, property damage, or other losses; • employees must be provided with appropriate training to enable them to work safely; • employees and management must work jointly in efforts to promptly resolve and Improve safety and health conditions In the workplace; December 2005 154 T CN APPENDIX 1 Costs of signalling and S &C employees (signalling and communication) are invoiced at a fixed rate, based on time passed on the building site by the employee. The rates include the travel time of the employee, his expenditures and his vehicle, but exclude the applicable taxes. The costs also include time required for the installation of the necessary equipment to establish protection against railway circulation, in accordance with the Rules of Railway Exploitation of Canada or any other CN safety regulations (flags delimiting the protection area). Since certain protection measures require a license emitted with a fixed duration acquired by the railway circulation controller, signalling employees must remain on the building site until the expiry of the license, and this even if the work has been completed. Costs (daytime hours, from Monday to Friday) SIGNALLING PROTECTION (4-6 HOURS ON SITE) Minimal time charged by employee — 6 hours 870$ Additional hours {•) 145$ LOCATION Minimal time charged by employee —4 hours 576$ Additional hours ( *) I 1AA4t Costs (daytime hours, Saturday & Sunday) SIGNALLING PROTECTION (4-6 HOURS ON SIT Minimal time charged by employee — 6 hours Additional hours ( *) CABLE LOCATI 205$ Minimal time charged by employee — 4 hours 824$ Additional hours ( *) 206$ Quarter of the 8 hour arrangement is included towards the time of transportation for the employee. Only for exceptional circumstances will CN grant signalling protection exceeding this period of time or during weekends. This permission must be obtained during the original request concerning the proposed work. Note : The total invoiced time will be rounded up to the subsequent hour. Example 1 : Monday, January 2, 2012, a CN signaling crew remains on site for 3 hours. The invoiced amount shall be of 870$. Example 2 : Thursday, January 5, 2012, an S &C employee remains on site for 6.6 hours. The invoiced amount shall be of 1,008$. 155 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 requirements for safe, effective excavating practices in the vicinity of underground Signals and Communications ( "S &C ") cable on the Railway 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 safe and reliable Railway operation. CN has several external customers who have fibre optic cables along CN's Right -of -Way. The economic importance of fibre optic facilities continues to increase, as these fibre networks expand in both scope and capacity. Excavation Excavating includes any activity that results in an opening being made in the Definition ground, including, but not exclusive to, digging, trenching, plowing, auguring, pile driving, blasting, directional boring, installing sign posts and pipe pushing. This may include surfacing activities where machinery or equipment can damage or break cable and support structures which have been installed at or near ground level e.g.: bridges, culverts, underground passageways, station platforms. Fibre Fibre territories are those segments of the Right -of -Way where fibre optic Territories cables are found. Fibre optic cables are now installed on all of CN's main Definition corridors and may be located anywhere along the Right -of -Way. The limits of the Right -of -Way should be considered from the center of track(s) to the CN property line. 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 shall sign the document "Important Memo to Contractors" found in Appendix 1 of this Code of Practice confirming they have read and that they will abide by the associated terms and conditions. D. Tays March 1, 2001 Approved Page 1 of 11 156 Continued on next page SCP -1005 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Potential Damage to underground cables can have a severe impact on the operations of Impact of both CN and its external customers. CN Centralized Traffic Control, Disruptions to Engineering and Train to Wayside Radio Communications and CN's CN and Its WAN/LAN backbone can be disrupted resulting in service and operational Fibre problems. Customers In addition, the fibre optic network installed on CN is utilized by clients that offer important services such as, cable, banking, national defense, air- traffic control and emergency communication services (i.e. 911). Damage or cuts to cable thereby affects a much wider range of operations and services. 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. Continued on next page D. Tays March 1, 2001 Page 2 of 11 SCP - 1005 Approved 157 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of' Underground S &C Cables, Continued At Bridges, Cables are usually coiled near cable ends, at splice pedestals, tunnels, bridges, Pedestals & bungalows, road and track crossings and some culverts. Cable coils can be of Bungalows unequal size, unequal depth, and are nearly impossible to locate accurately with cable locating equipment. Where excavating or digging near fibre cable coils, the entire coil shall be located and exposed by hand digging or using CN approved vacuum equipment. Locating a portion of the cable coil and assuming the location of the remainder of the coil is not acceptable. Direct Buried Signal, power, fibre optic and other high capacity communication cables are Cables typically buried directly in the sub grade, and generally, but not always, parallel to the railroad tracks typically at a 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) or less may be encountered near underground obstructions such as culverts, station platforms, passageways or approaches to bridges and tunnels. 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. Common Wherever possible, a corrunon trench is used when installing power, fibre optic Trench 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. Continued on next page D. Tays March 1, 2001 Page 3 of 11 SCP -1005 Approved 158 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Cable Markers Permanent cable markers are installed only to indicate the presence of buried cable and are not meant to indicate the precise location of the cable. Permanent cable markers are not necessarily placed directly above buried cables. Preparation for Excavators must contact the Network Management Centre (NMC) before Excavation excavating along the railway Right -of -Way. The NMC will arrange to have Work Division S &C forces locate and mark the location of fibre optic, power, and other S &C cables prior to excavation. Division Engineering (Engineering Services) shall be responsible to ensure that outside contractors, who are hired to perform various excavation services on CN's Right -of -Way, are familiar with the instructions contained in this document. Division Engineering shall advise the local S &C Supervisor and NMC of the location, date and nature of the work to be performed. Precautions Prior to commencement of any type of excavation along the Right -of -Way, the Prior to S &C employee (Foreman-in-charge) must notify NMC. The S &C employee Excavating shall provide their name, location where work will be perfonned, a description of the work and instructions on how they can be contacted. Excavation work shall not proceed unless authority has been granted by NMC. When excavation activities are being conducted by outside contractors or Track forces, within 2 meters of an underground cable, the designated S &C Maintainer or other qualified S &C employee shall reinain at the excavation site until all excavation work is completed. Cable Locates Cable locates are to be completed in accordance with the Guidelines for Cable Location. These guidelines are located on the CN Intranet S &C Homepage under Documents/Fibre /Guidelines for Cable Location. Cable locates shall be requested a minimum of 72 hours in advance of the scheduled excavation work. Outside contractors responsible for the excavation work shall be present when the cable locate is being performed. Continued on next page D. Tays March 1, 2001 Page 4 of 11 SCP -1005 Approved 159 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Cable Location The following cable location marking guideline, which is representative of Marlang industry standards, is a good practice to follow when identifying the location of underground cables and utilities prior to excavation: Mark the location of the With... Using... underground A series of 8 foot straight lines, White spray paint Fibre or communications cable A series of 4 foot long lines Fluorescent orange paint directly over the cable Power or signal cables A series of 4 foot long lines Fluorescent red paint directly over the cable Gas, chemical or petroleum A series of 4 foot long lines Fluorescent yellow paint utility distribution pipe directly over the pipe Water or sewer pipe A series of 4 foot long lines Blue paint directly over the pipe Mark the limits of the... With.... Using... Hand Excavation only zone A series of 8 foot straight lines, White spray paint (1) meter parallel to and on each side of the cable or utility line Continued on next page D. Tays March 1, 2001 Page 5 of 11 SCP -1005 Approved 160 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Precautions Railway excavation experience has proven there are certain situations where When the risk to damaging in service S &C cables is increased and special precautions Excavating are necessary. The following describes various situations and the method to use to avoid damaging any buried cables: 1. Whenever excavating is performed within 1 meter (3 feet) of a buried cable the ground shall only be excavated by hand digging or using CN approved equipment especially designed for exposing cables utilizing a vacuum system to remove the surrounding soil. Under no circumstances are mechanical excavating machines of any kind to be used unless the cable is fully exposed and pulled clear of the work area. 2. Whenever parallel trenching or excavating is performed with a back hoe or cable plow unit, beyond the 1M (3 feet) hand excavation zone, but within 2M (6.6 feet) of the existing cable, the preferred method of protecting the fibre cable is to install a temporary by -pass communication cable with "protection" circuits connected prior to excavating. The intent is to eliminate the possibility of unexpected service disruptions or failures due to the excavating equipment snagging and forcing sharp rocks or foreign objects through the cable(s) while plowing or trenching. 3. If the precautions described items 1 or 2 are impractical, a Method of Procedure (MOP) shall be developed by the responsible Supervisory officer. Refer to MOP section in this document. 4. When exposing cables, 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. 5. The use of mechanical excavating equipment shall be restricted to situations where it is known that there is no danger of contacting or damaging buried cables Mechanical excavating equipment may be used ONLY AFTER ALL BURIED FACILITIES INVOLVED HAVE BEEN EXPOSED and are clear of the excavation area. Continued on next page D. Tays March 1, 2001 Page 6 of 11 SCP -1005 Approved 161 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Precautions 6. If buried cable is encountered while excavating - Stop operations When immediately, expose it and investigate with extreme caution. The buried Excavating cable shall not be cut, chopped through or broken off without first (continued) determining if it serves a useful purpose. Under no circumstances is a buried cable to be disturbed unless authorized by the responsible S &C employee. 7. If any underground obstruction is encountered while excavating - Stop operations immediately. Expose and investigate the obstruction with extreme caution. Do not attempt to remove the obstruction until you are satisfied that removing it will not disturb or damage the buried cable. Under no circumstances is the buried cable to be disturbed unless authorized by the responsible S &C employee. 8. To prevent breaking or fracturing internal conductors or fibres, excavators shall avoid moving or bending fibre optic, power or signal cables at any time. The responsible S &C employee shall provide extra mechanical protection using split steel ducts and /or other protective materials, as required. 9. In the event that damage to a cable still occurs, - Stop operations immediately and report the location of damaged cable to the appropriate S &C employee. At no time shall unauthorized persons attempt to, move splice or repair damaged cables. D. Tays March 1, 2001 Approved Page 7 of 11 162 Continued on next page SCP -1005 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Method of A Method of Procedure (MOP) shall be developed for situations where it is Procedures impractical to comply with items 1 or 2 of the preceding section — Precautions When Excavating. The MOP shall be developed by the Supervisor responsible to protect the cable, in conjunction with either outside contractors or CN Track and Roadway personnel involved in the excavation work. The MOP shall contain the following information: Limits of proposed work (Subdivision — mile points) Date and time duration i.e. yy /mm/dd 13:00 to 18:00 Identity of S &C employee (Forman in charge) and Supervisor including their emergency contact information i.e. phone number(s) Detailed explanation of alternative excavation methods, excavation supervision and/or special excavation equipment to be used. Risk Assessment. Contingency Plan (Description; location and availability of temporary by- pass cable; splicing kits; and additional personnel.) The completed MOP shall be submitted to CN's NMC center for authorization at least 14 days in advance of the planned work. The NMC will in turn submit a copy of the proposed MOP to CN's Fibre customers involved for approval of the MOP. The excavation work shall not proceed until the S &C employee and responsible Supervisor have received final authorization from CN's NMC center. Important: The employee responsible for the excavation work shall inform all individuals, outside contractors, involved in the excavation work and ensure that they fully understand the work procedures described in the MOP. Continued on next page D. Tays March 1, 2001 Page 8 of 11 SCP -1005 Approved 163 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Work Near 1. Use extreme care when excavating near buried power cables to avoid Buried Power damaging cable insulation and armor protection. Cables 2. Properly rated protective clothing i.e. gloves. 3. Properly rated non - conductive tools. 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. Regardless of the alternate work method selected, all employees required to work in close proximity of the cable should consider it as possibly energized and use the same level of caution, gloves and tools as described in the above items 1, 2, and 3. Accidental contact with a live power cable, or piece of equipment that is in contact with a live power cable, can result in loss of life. Safety During In a typical fibre optic system the transmitting light source emits a Work with concentrated beam of light that may not be visible to the naked eye. The level Fibre Optic of radiation may be sufficient to cause eye injury and caution must be Cables exercised to avoid exposure. This precaution applies to any point in the system where the laser signal can be addressed (for example in inside shelters at the optical connectors or on the optical interface circuit packs). As there is no requirement to stare directly at the end of a severed fibre optic cable, as a practical safety precaution, one should avoid doing so. A fibre optic cable is comprised of strands of glass that guide the light pulses down the cable. These glass strands have sharp ends that 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. Safety glasses are mandatory when working with fibre optic cables. D. Tays March 1, 2001 Approved Page 9 of 11 164 Continued on next page SCP -1005 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Safety During Supervisors and the employees in charge of excavating operations should be Trenching or familiar with all applicable safety regulations. These regulations are designed Excavating to ensure the safety of workers involved in the excavation operations and may be enforced by safety inspectors on behalf of state, provincial or federal regulators. Protect all openings, construction material, excavated material, or equipment with approved warning devices and/or barricades. Observe any other precautions that may be required by local conditions. Completion of After all work has been completed, backfill carefully, ensuring it does not Work contain materials that may cause damage to the cables. Restore the surface, as near as practicable, to its original condition, ensuring that any cable markers removed or damaged during work are replaced. Maintenance of Standards for work on CN's Right -of -Way are covered in Maintenance of Way SPC 6100 Way Standard Practice Circular, SPC 6100 entitled "Precautions to be Taken During 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 CN's right of way near Signal and Communication facilities. Continued on next page D. Tays March 1, 2001 Page 10 of 11 SCP - 1005 Approved 165 Signals & Communications CODES of PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Risk and Track There are many CN Track and Structures work activities that could pose & Structures considerable risk to above ground and buried S &C cables. This table is Work Activities provided as a guideline only, to assist in assessing the associated risk with these and equivalent types of activities. Work Activity Risk Ditching High Ballast Regulation Medium Undercutting High Culvert Replacement High Broomin B Low Tie Replacement Medium Bridge deck replacement High Important: High and medium risk work activities shall not start without prior consultation with the responsible S &C Supervisor and if necessary with the development and approval of a MOP. When in doubt — review the proposed work with the S &C Supervisor. D. Tays March 1, 2001 Page 11 of 11 SCP -1005 Approved 166 Cj\j March 1, 2001 Operations Signals & Communications Canadian National 935 de La Gauchetiere Street West Montreal, Qubbec, Canada H3B 2M9 Important Memo to Contractors - Fibre Optic Cable Protection Fibre optic cables are in service along the Right -of -Way on 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. In addition, the fibre optic network installed on CN is utilized by clients that offer important services such as, cable, banking, national defense, air - traffic control and emergency communication services (i.e. 911). Damage or cuts to cable thereby affects a broad range of operations and services. CN expects its employees, and any contractor working on its right -of -way, to take every precaution to avoid disruption to CN's fibre installations. CN's goal is to avoid all preventable disruptions to fibre optic 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 will result in punitive action being taken. Asst. Chief Engineer S &C Canadian National Edmonton, Alberta Signals & Communications Page I Codes of Practice 167 SCP -1005 - Appendix 1 CAUTION — MISE EN GARDE Stakes or markings may disappear or be displaced. If any delays are incurred in acting on the locate information as given or should sketch and markings not coincide, a new locate must be obtained. Note that a cable locate is valid for only 30 days. Risque de disparition ou de deplacement des piquets ou des marquages. En cas de retard daps 1'execution du travail conformement aux donnees fournies ou en cas de non - correspondance des marquages et du croquis, obtenir de nouvelles donnees de localisation. Prendre note que les donnees de localisation ne sont vaiide que pour une duree de 30 jours. Depth of cable plant varies and must be determined by hand digging. Comme la profondeur des installations cables varie, creuser a la main pour la determiner. "THANK YOU FOR CALLING BEFORE YOU DIG" APPELEZ -NODS AVANT DE CREUSER! 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 that Plant Practice Bulletin 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 Division project file. 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SCOPE 1.1 These standards may be known as the "Pipeline Crossing Standards ". 1.2 These standards are intended to ensure that pipeline crossings under Railways are installed, renewed and maintained in a safe manner. These standards apply to Railway Companies subject to the jurisdiction of the Minister of Transport pursuant to the Railway Safety Act. 2. GENERAL APPLICATIONS AND EXCLUSIONS 2.1 Pipeline Installation Procedures shall be in strict conformance with all Federal, Provincial and local safety regulations. 2.2 These standards do not include overhead cable crossings, overhead pipeline crossings, and underground cable crossings. 2.3 These standards do not apply to any pipe installed under a railway right -of -way prior to the date of approval of these standards, unless the pipeline crossing is to be reconstructed. 3. GENERAL CONDITIONS 3.1 No person shall commence the installation of any pipe under a railway without: a) submitting to the railway company detailed plans of the proposed installation in accordance with the requirements outlined in Appendix W; and b) obtaining a written approval from the railway company that owns, operates or has control of the railway. 3.2 No person shall commence the repair, maintenance or removal of any pipe under a railway without obtaining a written approval from the railway company that owns, operates or has control of the railway. 173 -2- 3.3 Every owner of a pipe installed under a railway, shall at all times maintain the pipe in good working order and condition, so that: a) the safety of railway operations is not threatened in any manner; b) the safety of the public, including the lives, well -being and health of people is safeguarded; and c) the environment is protected. 4. REQUIREMENTS FOR PIPELINES CROSSING UNDER RAILWAYS - GENERAL For oil and gas pipelines crossing under railways, the requirements of C.S.A. Standard Z662 -99, and subsequent revisions, will apply as modified and amended in Section 5 herein. For steam, water, sewer or other non - flammable substance pipelines crossing under railways, the requirements of Section 6 shall apply. The term "Engineer" used herein means the Chief Engineer of the railway company or his authorized representative. General: Railway design loading applicable to all pipelines crossing under railways shall be Cooper's E80 track loading, with diesel impact as specified in C.S.A. Standard Z662 -99. The use of optional limits states design processes under C.S.A. Standard Z662 -99 will not apply to the design of oil and gas pipelines crossing under railways. 5. REQUIREMENTS FOR OIL AND GAS PIPELINES UNDER RAILWAYS 5.1 Amend C.S.A. Standard Z662 -99 Clause 4.7 Cover and Clearance Requirements as follows: Table 4.8 "Minimum Cover and Clearance Requirements": In the case of oil and gas, and hazardous* gas pipelines crossing under railways, Table 4.8 shall be amended as follows: 174 -3- Table 4.8 Minimum Cover and Clearance Requirements (1) Minimum cover for buried pipelines, em (measured to top of carrier or casing pipe, as applicable) Location Type of Pipeline Class Normal Rock excavation Location Excavation requiring blasting or removal by comparable means Crossings of railway rights-of-way: below base of rail ** All Tracks: Cased Flammable or All 168 168 hazardous* gas (5.5 ft) (5.5 ft) or li uid Uncased Flammable or All 305 305 hazardous* gas (10.0 ft) (10.0 ft) or liquid Crossings of railway rights -of- -way: below bottom of ditches or ground surface * ** Cased Flammable or All 91 91 hazardous* gas (3.0 ft) (3.0 ft) or liquid Uncased Flammable or All 183 183 hazardous* gas (6.0 ft) (6.0 ft) or liquid Railway rights-of-way for cased or encased buried longitudinal pipelines * ** Between 762 cm and 1524 Flammable or All 183 183 cm from centre -line of hazardous* gas (6.0 ft) (6.0 ft) nearest track or liquid Greater than 1524 cm Flammable or All 152 152 from centre -line of nearest hazardous* gas (5.0 ft) (5.0 ft) track I or liquid Non - flammable gas or liquid products which, from their nature or pressure, might cause damage or endanger the lives, well -being and health of people, or the environment, if escaping on or in the vicinity of railway property. 175 -4- ** Within 7 metres of centre of outside rail, measured at right angles to the centre- line of the track. * ** On portions of the right -of -way where carrier or casing pipe is not directly beneath any track. 5.2 Amend C.S.A. Standard 2662 -99 Clause 4.7.1 as follows; Add to end of Clause 4.7.1: For oil and gas pipelines crossing under railways, minimum cover requirements shall be in accordance with Table 4.8 of the referenced standard C.S.A. Z662 -99, as amended herein. For any proposed pipeline crossing physically unable to meet the minimum cover requirements specified in Table 4.8 as amended herein, the applicant will propose alternative methods and shall obtain approval of the Engineer to use such methods. 5.3 Amend C.S.A. Standard Z662 -99 as follows; Add as a new Clause 4.8.5 called "Pipe installation near railway bridges and buildings" the following: Pipelines carrying flammable or hazardous gas or liquids under railways shall not be placed within a culvert, under railway bridges nor closer than 13.7m to any portion of any railway bridge, building or other important structure on a railway right -of -way, except in special cases and then by special design as approved by the Engineer. Add to Clause 10.2.2: Emergency response procedures shall be developed by the applicant to handle a situation in which a pipeline leak or railroad derailment or incident may jeopardise the integrity of the pipeline. Local conditions shall be considered when developing these procedures. Add to Clause 10.2.8.4: Oil and gas pipeline crossings shall be prominently identified where pipelines enter and exit railway right -of -way, approximately on the limits thereof, by signs in a language or languages appropriate to the region in which the sign is located. Such signs shall meet the requirements of C.S.A. Standard Z662 -99, as amended herein. Additional signage will be required by the Engineer where the above signs are not readily visible from the track. 176 -5- Add as a new Clause 4.4.11 called "Emergency Shutoff Valves" the following: For oil and gas pipelines, accessible emergency shutoff valves shall be located each side of the railway within effective distances as mutually agreed to by the Engineer and the pipeline company. These valves shall be marked with signs for identification. Where pipelines are provided with automatic control stations and/or valves that are remotely operated, no emergency shutoff valves are required at the crossing. Add as a new Clause 4.7.4 called "Longitudinal installations" the following: Longitudinal oil and gas pipelines on the railway right -of -way shall be located as far as possible from any track. They shall not be within 7.62m of the centre -line of any track, and shall be marked by a sign approved by the Engineer every 152.4m and at every road crossing, streambed, other utility crossing, and at locations of major change in direction of the line. In exceptional situations, where it is not physically possible to locate the pipeline beyond 7.62m of the centre -line of a track, the carrier pipe shall be encased or of special design and must be approved by the Engineer. 5.4 Amend C.S.A. Standard Z662 -99 Table 4.9 "Least Nominal Wall Thickness for Steel Casing Pipe in Cased Crossings and Carrier Pipe in Uncased Crossings" as follows; All least nominal wall thicknesses for steel casing pipe in cased crossings and steel carrier pipe in uncased crossings shall be as shown in Table 4.9, except that the least nominal wall thickness shall not be less than 4.8 mm in any case. Add new Notes under Table 4.9, as follows: Notes: 1) When steel casing pipe or carrier pipe is installed under a railway without benefit of a protective coating or is not eathodically protected, the least nominal wall thickness shown in Table 4.9 shall be increased by a minimum of 1.6min. 2) Steel casing or carrier pipe installed under a railway shall have a specified minimum yield strength of 241 Mpa or greater. 5.5 Amend C.S.A. Standard Z662 -99 Clause 4.8.3 "Crossings of Roads and Railways" as follows; Add new item to Clause 4.8.3.3 Cased Crossings: 177 (h) Casing pipe and joints under railways shall be of leakproof construction capable of withstanding railway loadings specified herein, and shall be of steel unless otherwise indicated herein, or as approved by the Engineer. 5.6 Replace C.S.A Standard Z662 -99 Clause 12.4.6 with the following: Polyethylene carrier pipe may be used in pipeline systems for the transportation of gaseous hydrocarbons under railways if: (i) The design pressure does not exceed 700 kPa. (ii) The carrier pipe is made from polyethylene materials permitted by C.S.A. Standard CAN/CSA-B 13 7.4-92 (R1998), and subsequent revisions. (iii) The outside diameter of the carrier pipe is not greater than 168.3mm. (iv) The polyethylene carrier pipe within the entire limits of the railway right -of -way, is encased in a steel casing pipe meeting the requirements of C.S.A Standard Z662 -99, as amended herein. 5.7 Replace C.S.A. Standard Z662 -99 Clause 15.4.5 with the following: Aluminum pipe is not acceptable for use in pipeline crossings under railways. 6. REQUIREMENTS FOR STEAM, WATER, SEWER AND OTHER NON- FLAMMABLE SUBSTANCE PIPELINES UNDER RAILWAYS 6.1 Carrier and Casing Pipe Requirements Pipelines carrying steam, water (other than oilfield steam and water), sewer, and other non- flammable or non - hazardous substances under railways shall be encased in a larger pipe or conduit called the casing pipe. Casing pipe may be omitted under the following conditions: (a) under secondary or industrial tracks as approved by the Engineer, provided maximum operating pressure in the carrier pipe does not exceed 700 kPa.; (b) for non - pressure sewer crossings where the strength of the pipe and its joints are capable of withstanding railway loading, as approved by the Engineer. 178 -7- Carrier pipe, casing pipe, and joints shall conform to the applicable requirements of AREMA Ch. 1 Section 5.3 with respective materials in conformance with C.S.A. Standards, and be: (a) of acceptable material and construction as approved by the Engineer, and (b) of sufficient strength to withstand the internal pressure and external loading, and (c) properly connected at the joints and leakproof. Joints for carrier line pipe shall be leakproof mechanical or welded type. For steel carrier or casing pipe the least nominal wall thickness shall be in accordance with C.S.A. Standard Z662 -99 as amended in Section 5 of this Pipeline Crossing Standard. For pressures under 700 kPa in the carrier pipe, the casing pipe, if required, may be reinforced concrete pipe conforming to specifications in AREMA Manual for Railway Engineering Chapter 8 "Concrete Structures and Foundations ", Part 10 'Reinforced Concrete Culvert Pipe ", or coated corrugated metal pipe conforming to AREMA Manual Chapter 1, Part 4, all as approved by the Engineer. Respective materials shall conform to applicable C.S.A. standards. 179 -8- 6.2 Minimum Cover and Clearance Requirements (a) Minimum cover for buried pipelines, cm (measured to top of carrier or casing pipe, as annlicable) Location Type of Pipeline Class Normal Rock excavation Location Excavation requiring blasting or removal by comparable means Crossings of railway rights-of-way: below base of rail ** Main Tracks: Cased Water, sewer, steam or non- All 168 168 flammable or non- (5.5 ft) or (5.5 ft) or below frost line hazardous* substance below frost line Crossings of railway rights -of -way: below base of rail ** Secondary or Industrial Tracks: Cased Water, sewer, steam or non- All 137 137 flammable or non- (4.5 fl) or (4.5 ft) or below frost line hazardous* substance below frost line Uncased Water, sewer, steam or non - All 137 137 flammable or non- (4.5 ft) or (4.5 ft) or below frost line hazardous* substance below frost line Crossings of railway rights-of-way; below bottom of ditches or ground surface * �* Cased Water, sewer, steam or non- All 91 91 flammable or non- (3.0 ft) or 3.0 ft or below frost line ( ) hazardous* below frost substance line Uncased Water, sewer, steam or non- All 91 91 flammable or non- (3.0 ft) or (3.0 fl) or below frost line hazardous* substance below frost line Railway rights -of -way for eased or uncased buried longitudinal pipelines * ** Up to 1524 Water, sewer, steam or non- All 122 122 cm from flammable or non- (4.0 ft) or (4.0 ft) or below frost line centre -line of hazardous* substance below frost nearest track line Greater than Water, sewer, steam or non- All 91 91 1524 cm flammable or non- (3.0 ft) or (3.0 ft) or below frost line from centre- hazardous* substance below frost line of line nearest track * Non-flammable gas or liquid products which, from their to « «* c , m eir na re or pressure, might cause damage or endanger the lives, well -being and health of people, or the environment, if escaping on or in the vicinity of railway property. Within 7 metres of centre of outside rail, measured at right angles to the centre -line of the track. On portions of the right -of -way where carrier or casing pipe is not directly beneath any track. :1 _g- 6.3 General Installation Requirements For water and sewer crossings under railways, the highest point of carrier pipe shall be below the frost line. In regions of permafrost or where other obstacles make it impossible to place the pipe below the frost line, the applicant will propose alternate methods to protect the pipe in sub - freezing temperatures and shall obtain approval of the Engineer to use such methods. Pipelines carrying steam, water (including oilfield steam and water), sewer and other non - flammable or non- hazardous substances under railways, shall not be placed within culverts nor under railway bridges where there is likelihood of restricting the area required for the purposes for which the culverts or bridges were built, or of endangering the foundations. Any such pipelines laid longitudinally on railway rights -of -way shall be located as far as practicable from any tracks or other important structures. If located within 7.62 metres of the centre -line of any track, or where there is significant risk of damage from leakage to any bridge, building or other important structure, the carrier pipe shall be encased or of special design as approved by the Engineer. Every open drain crossing tracks in a railway yard shall be safely covered for at least 3.Om from the centre -line of track, except in times of flood when uncovered open drains may be provided as may be necessary. In this case warning signs shall be erected. C.S.A. Standards current at time of constructing the pipeline, shall govern the inspection and testing of the facility within the railway rights -of -way. The proof testing of the strength of carrier pipe shall be in accordance with C.S.A requirements. 181 APPENDIX'A' Plans and Design Requirements for Pipelines Crossing under Railways For all pipeline crossings under railways (including oil and gas, steam, water, sewer, storm drain, etc.), plans for proposed installation shall be submitted to and meet the approval of the Engineer before construction is begun. Plans shall be drawn to scale showing the relation of the proposed pipeline to railway tracks, angle of crossing, location of nearest shut -off valves, railway mileage, right -of -way lines and general layout of tracks and railway structures and facilities. Plans should also show a cross - section (or sections) from field survey, showing pipe in relation to actual profile of ground and tracks, with location of any joints in the carrier or casing pipe within the railway right-of-way, and necessary geo- technical boreholes (soil type) and ground water levels. Pipelines shall be installed under tracks by boring and/or jacking, if practicable. If open- cutting or tunneling is approved, the proposed limits of excavation, details of sheeting and method of supporting tracks or driving tunnel shall be shown, with supporting engineering calculations. In addition to the above, plans should contain the following data: Railway Mileage & Subdivision Municipal Descriptions of Adjoining Properties ...........I .................. Name of Pipeline Owner Carrier Pipe Casing Pipe Contents to be handled ................. ............... Outside Diameter Pipe Material ............... Specification and grade ................. Wall thickness Maximum Operating Pressure ............... Maximum Surge & Test Pressure ............... Maximum Operating Temperature ................. ............... Minimum Operating Temperature ................. ............... Type of joint ................. ............... Coating................. ............... Method of installation Vents: Number ......... Size.......... Height above ground .......... Seals: ....................... Both ends......... Type................. Bury: Base of rail to top of casing .... ............................... m Bury: (Not beneath tracks) ................... I............... m Bury: (Roadway ditches) .... ............................... m :. -2- Extent of casing measured perpendicular to centre -line of track ......... Type, size and spacing of insulators or supports .... Distance C.L. track to face of jacking/receiving pits ......... Bury: Base of rail to bottom jacking/receiving pits Cathodic Protection ; Geotechnical Boreholes: Soil Type Base of Rail to ground water yes.......... no.......... yes.......... no.......... ...... ..............................m ..................... in .......I .............. m ...................... m Plans shall be sealed and signed by a professional engineer, competent in this field, registered in the province or territory in which the pipeline crossing is located. The execution of work on railway rights -of -way, including the supporting of tracks, shall be subject to the inspection and direction of the Engineer. Where laws or orders of public authority prescribe a higher degree of protection than specified herein, then the higher degree of protection so prescribed shall be deemed a part of this Standard. 183 APPENDIX "E" Water /Sewer Pine Line Crossings Applicants must submit six (4) copies of an acceptable plan. Plans must meet TC E -10 and Railway Standards. Cost for reviewing the first plan received shall be included in the Basic Application Fee. The applicant will be charged an additional fee for each review after the initial application due to inadequate or missing information. The following information is required on application drawings: application drawings must be to scale or have all dimensions shown. site plan showing location tied into legal description, width of the Railway right - of -way, number of tracks and angle of crossing. direction of flow, location of shut -off valve on pressure side of Railway right -of- way profile showing depth of burial from base of rail and ditch bottoms to top of pipe. cross- section showing or note stating carrier pipe will be held clear of casing pipe by supports (if applicable as per TC E -10). type, wall thickness and pressures (operating and maximum test) of carrier and casing pipes. concrete pipe must be minimum of class V. steel casing is required for a water line and all plastic pipe. - intention to install warning markers at each edge of Railway right -of -way. - type of cathodic protection (if used). - when casing is used, it must extend the full width of the Railway's core right-of- way or a minimum of 50' on either side of outermost rails. - caption stating "Installation and maintenance to be in accordance with TC E -10 ". note stating method of installation. must be shown or noted that the ends of the casing will not be sealed. professional engineer's stamp and signature. contact name, address and phone number of pipeline owner on plan or cover letter. copy of soils investigation (when required to support method of installation or as requested by the Railway at time of application). location of nearest excavation from nearest rail to be identified on drawing. note of track name and mileage on drawing. The nearest point at which digging can take place for boring pits, etc., is as follows: Starting ten (10) feet from the gauge side of the nearest rail, calculate a slope to the bottom of the proposed pipe at 1.5:1. If a 1.5:1 slope cannot be maintained or more restrictive conditions occur, approved shoring will be required. ., REPORT TO COMMON C"'OU TCIL M &C2012 -73 April 3, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT Historic Places Initiative — Blueberry Hill Recommended for Listing on the Register of Historic Places City of Saint John This report recommends approval of listing the area known as Blueberry Hill as one of properties to be included on the City of Saint John Local Register of Historic Places, and that it be referred for inclusion on the New Brunswick and Canadian Registers. BACKGROUND Canada's Historic Places Initiative — This federal initiative was put in place in 1999 with the following objectives: • To foster greater appreciation of historic places; and • To strengthen Canada's capacity to take appropriate action to conserve and maintain the heritage integrity of historic places. Canadian Register of Historic Places — The register developed by federal, provincial, and territorial governments, provides on -line listings of formally recognized historic places across the country. The register is located at www.historieplaces.ca and serves as a tool for Canadians to identify and promote historic places in Canada, and for travelers to locate places of interest across the country. It provides detailed information about historic places to planners, heritage professionals, policy- makers, developers, industry, community organizations, teachers and students. To be eligible for nomination to the Canadian Register of Historic Places, a historic place must: 1. meet the definition of an historic place; 2. be formally recognized by a federal, provincial, or local authority (such as being designated under our Heritage Conservation Areas Bylaw or approved by Council); and 3. meet the required documentation standards. Inclusion of an histone place on the Canadian Register is honounfic, and invol- a g¢ditxonW fegUlatM controls on the historic plme. 185 April 3, 2012 Page 2 The Heritage Development Board received a request from the Town of Grand Bay - Westfield that the Board recommend to Council, that the area known as Blueberry Hill, be added to the Saint John Register of Historic Places. At the October 12, 2012 meeting the Board indicated that they would be in a better position to determine if this site should be recommended to Council for listing on the Saint John Register of Historic Places following research which was to be completed by the Town of Grand Bay- Westfield, at no expense to the City of Saint John. ANALYSIS As noted by Jan Riddell in her capacity as Chair of the Heritage Sub - Committee for the Town of Grand Bay - Westfield this request is to list Blueberry Hill on the Saint John Register of Historic Places, not to have this area designated under the Saint John Heritage Conservation Areas By -Law. As noted in Section 68(2) of the Municipal Heritage Conservation Act "the designation of a local historic place does not affect the title of the property nor does it impose any restrictions or obligations on the owner of the property." Such a listing could be removed at the request of the owner at any time. The Town of Grand Bay - Westfield is interested in seeing this area listed on the Saint John Register of Historic Places ".....because of its historic value: there are signs of the old post road that connected Saint John to Fredericton, and it is the site of one of the original farms dating to the 1800's." Ms. Riddell goes on to indicate that ".....registering this site would be an asset for both Grand Bay - Westfield and Saint John in terms of tourism and heritage. We recognize that although the property shares a border with our town, Blueberry Hill is within the City of Saint John." A draft of the listing which would appear on the Register has been prepared by the Town of Grand Bay - Westfield who hired a person to complete the necessary research and documentation required to be submitted to the New Brunswick Heritage Branch. Consequently there has been no financial or staff resource cost to the City of Saint John. In addition a newspaper article, a map of the area and a Letter of Consent signed by the Executive Director of the Nature Trust of New Brunswick has been received indicating they are in agreement with their property being listed on the Saint John Register of Historic Places, as a Cultural Heritage Landscape. The draft listing submitted as a result of research completed indicates that this area is valued as an undeveloped natural landscape with ecological significance. The historic significance is found in the early 1800's remnants of the farm and orchards operated by the Stevens family. In addition there are traces of the Old Post Road which used to be the main road through this area en -route to Fredericton. Future Use of the Registry It is expected that the information on the Historic Places website will have an increasing influence on those making decisions regarding heritage and cultural tourism, a rapidly growing multi - billion dollar industry. We believe that it is important that Saint John be well represented. To that end, we are encouraging a broader registration of all eligible places. In the future under the Historic Places Initiative, the provincial and federal governments may offer financial incentives, to benefit a greater range of historic places. This property is outside of any currently designated heritage conservation area. The Heritage Development Board has reviewed this property and recommends it for listing on the registry. This property will bring the total registered in Saint John to 377. im April 3, 2012 RECOMMENDATIONS: Page 3 1. That the Common Council of the City of Saint John list the property known as Blueberry Hill on the City of Saint John Register of Historic Places; and 2. That the Council of the City of Saint John nominate the property known as Blueberry Hill in the City of Saint John to be listed on the New Brunswick and Canadian Registries. Respectfully submitted, —4 xoor�� Ken Forrest, MCIP, RPP Commissioner J. Patrick Woods, CGA City Manager 187 d )c Nature Trust cl'NVi Brun ti i, i Inc, r ' �.a FOI1ddtion rjur ;a pr.)t inn anniversary Sites n tw IS du Nouveau Iir�ns�a iela lrc. P.O. Box 603, Stn. A Fredericton, New Brunswick E3B SA6 March 23, 2012 City of Saint John PO Box 1971, 15 Market Square Saint John, NB E2L 41_1 Dear: City Council of Saint John I am writing to introduce the Nature Trust of New Brunswick, currently celebrating its 25t" Anniversary. The Nature Trust is a provincial land trust protecting special natural places through land conservation. To date, the Nature Trust conserved 33 nature preserves (over 5000 acres) across the Province of New Brunswick. Some of the preserves are home to species at risk, others are managed for all to enjoy through nature interpretation, passive recreation, and outdoor events. An increasing number of new preserves are located in urban areas, allowing the I`.atu; e Trust to gcnerate mutua4ly positive relationships with communities. You may not realize that Blueberry Hill, Manawagonish Island, Saints Rest Marsh, and Boars Head in Saint John, Navy Island in Saint Andrews, Hyla Park in Fredericton, Beardsley Hill in Woodstock, or our newest initiative — Pea Point in Blacks Harbour — are all Nature Trust's preserves. We are prepared to partner with your municipality to identify conservation opportunities that meet the Trust's criteria, whether through establishing a Nature Preserve or tools such as conservation easements. Our dedication to province -wide land conservation has led us to establishing new priorities. The Nature Trust has taken on the challenge of implementing new education programs, engaging youth in conservation efforts and extending our network of partnerships with New Brunswick companies, municipalities and like - minded organizations. Tel: (506) 457 -2398 Fax: (506) 450 -2137 Email: naturetrust@ntnb.org Website: www.naturetrust.nb.ca Honourary Patron Honourary Trustees The Honourable Graydon Nicholas Ms. Jessie Davies Lieutenant Governor of New Brunswick 188 Mr. Robert K. Stewart Nature Trust is also committed to social innovation. We are launching new technologies this spring, including an interactive mobile application - Deep Map Eco — a mobile phone app that will connect more people with existing nature preserves and Nature Trust events. In celebration of our 25 years in land conservation, the Nature Trust is engaged in a 25M Anniversary Campaign to help us continue the vital work of protecting New Brunswick's valued places and special natural areas. We are inviting your municipality to participate in helping to support and extend our network of preserves, and increase public education and engagement through innovative programming. I would be happy to meet with you and give you a personal update on the Nature Trust's programs and plans, and learn more about your interests and ideas for protecting New Brunswick's natural places. With kindest regards, Don Dennison President -he Nature Trust New Bruns -tck Intl - =— _ � j Fon atio pour la prot €kun r Sites naturels du Nalveau- Bros -i(k anniversary �ntrodmr .fing otur nvivart natural germ S :lut- er',n VVO ISLm`nd I n Thies I s s. u : Marked by the presence of Aboriginal travelers, Acadian, the English, and American Loyalists, the Bay of Fundy has an important heritage that continues to shape the area. According to Renata Woodward of the Nature Trust of New B swick "The Southern Wolf Island, one of the most significant islands in the Bay of Fundy, has been donated to The Nature Trust of New Brunswick by Connors Bros. Clover Leaf Seafood Company. Together with East Wolf, Green Rock, Spruce, and Flatpot Islands, Southern Wolf Island is included in the Wolves archipelago, located in the Bay of Fundy about ten kilometers from Black's Har- bour. An attraction for tourists and na- ture enthusiasts, the Bay of Fundy is a natural wonder which provides habitat for shorebirds that line its coast. The Bay also provides many traditional and emerging economic opportunities, from fishing to harvesting renewable energy. The Bay of Fundy was Canada's entry and a recent finalist as one of the Seven Natural Wonders of the World. Southern Wolf IIsland is one of the most familiar jof the outer Fundy isles, as the island and its light house can rs� be viewed by passengers on the Grand Marian erry. "Compared to the Grand Manan Archipelago, the Wolf Islands are wild and un- spoiled, providing shelter to the endan- gered harlequin ducks." The Department of Natural Resources Habitat Section Manager Steven Gordon said, "The Southern Wolf Island is a place of international significance through several designations. These in- clude an important bird area as classi- fied under Bird Life International and a priority area for land conservation under the Eastern Habitat Joint Venture that is registered under the North American Waterfowl Management Plan." (Continues on page 3) New Brunswick Youth in Nature Campaign ....................page 2 Encounters with Unfettered Na- ture...........................page 2 Launch of Deep XIapT"r F. co ...........................page 2 Aveda Earth Month 2012 ...... ...........................page 3 Thank you Donors and Partners ...... ...........................page 3 Coming Events ...... ...........................page 4 Green Guardian Book Sale ... ..........................page4 25th Anniversary Campaign Letter ............................ insert Jcstkem�i „!l[;?anu \:iureY:z,c ^� r' • o �s G�s.rra.rw rorie i�n.wwm. n'�emcu r Nature Trust Board of Trustees 2011 -2012 Honourary Patron The Honourable Graydon Nicholas Honorary Directors Jessie Davies Robert Stewart Past President Ken Hirtle President Don Dennison Vice - President & Treasurer William Anderson Secretary Dorothy Diamond Directors Mike Bonga Wayne Burley Steven Christie Jane Fullerton Eric Hadley Rick Hutchins Alicia Little Jane Murphy Gary Stairs Doug Stanley Monika Stelzl Vince Zelazny Trustees Emeritus Bill Ayer Mike Dillon Lynn MacKinnon Jane Tims Don Vail Julian Walker Staff Members Renata Woodward Margo Sheppard Karen Fearneley Camilla Melrose A Nsm Approach to Engaging Youth New Brunswick Youth in Nature Campaign (NBYNC) A unique approach for encouraging youth to gain a deeper experience of the outdoors was launched this winter. Involving students from UNB's Renaissance College in Fredericton, the NBYNC combines creative arts and skill development with tradition methods of outdoor recreation, such as hik- ing and flora and fauna interpretation. Using the rich natural resources of the preserves, the students are planning three separate project initiatives: Art in Nature, Music in Nature and Skills in Nature. The students are chal- lenged with using the natural environment to foster a meaningful engage- ment in nature among their peers. The project is funded by "Youth Engagement Funding Program" through the Population Growth Division of the Department of Post - secondary Edu- cation, Training and Labour, GNB. NBNT is looking for additional spon- sorship for this unique project. For more information, visit NBYNC web - site: www.nbync.ca/ or watch video at: http: / /vimeo.com/36654462 "Encounters with Unfettered Nature" This special 25th Anniversary project will showcase an exhibition of works created by students of the New Brunswick College of Craft and Design and the University of New Brunswick BAA program. The stu- dents' work will be inspired by ex- periences gained at NTNB's nature preserves. Titled "Encounters with Unfet- tered Nature," the project will bring two communities together: young artists understanding nature in a new way and naturalists discovering na- ture anew through the eyes of the artists. The students will be challenged to pursue visual research, using art not simply as decoration, but as a tool to discover the Iess obvious and to connect with other disciplines. A traveling exhibition open to the public will be organized to show- case the work of the students. Pica - roons and the College's Student Council are the first official sponsor of this project and we are looking for more! Ghosted image Rtean Roy . Launch of Deep Mapr'" Eco An interactive application for mobile telephone devices that allows the general public and visitors to New Brunswick to access information on the NTNB's nature preserves will be launched in April 2012. Members of friends of NTNB can become directly involved with the organization by identi- fying their interest in land conservation, volunteering, stewardship, trail work or other activities. In addition, eco- enthusiasts will be able to learn about other environmental organizations in New Brunswick and be able to connect with them directly through this tool. Watch our website or the Apple store for the release date! Got a green business? Support the Nature Trust of New Brunswick and we will include your company on this application un- der the engagement section. 191 Thank you 2011/2012 funders and Partners: Canada. Bru M—Ck C A N A D A Wo- ACV a l • r' CRANE n OiilvV'iAIN l4149 a A Wt Lqk kW Ifte f —ling Fou'ntatl, +lt a Do i amomk;i w Uaditlonal Ales wwitson -.+*-INSURANCE Caw" Lk1%nz0 ne i�K aRGiR 4•:M h,r4 COMMumay FC Jn i ?O �r it• L�'re� kee�,x �y o-r �recn Lothar Von Ziep- sar Foundation (Cont from page 1...) The Nature Trust President Don Dennison added, "As the provincial land trust, we are celebrating our 25b anniver- sary with a focus on building partnerships and collaborating with New Brunswick companies and other organizations to share in our mutual commitment to the preservation of our special natural areas. This collaboration between Connors Bros. Clover Leaf Seafoods and Nature Trust is a model for success in land conservation that will benefit New Bruns - wickers for generations to come. "Connors Bros. Clover Leaf Seafood has been deeply rooted in the community of Blacks Harbour and the Fundy Isles for over a century. This land donation clearly demonstrates exemplary leadership in corporate social responsibility that is a touchstone for contemporary businesses," Dennison said. Connors Bros. Clover Leaf Seafoods executive vice president and managing director Ron Schindler remarked: "Southern Wolf Island is a spectacular island with a sensitive ecology that we are very pleased to offer to The Nature Trust of New Brunswick to ensure that it is protected and treasured. It has been our pleasure to partner with the Trust in building on the already impressive stock of conserved islands and lands in Charlotte County." The Nature Trust will be responsible for the conservation and management of the Sothern Wolf Island and will work towards establishing partnerships with local schools, clubs and citizens for stewardship purposes. A stewardship fund has been set up in order to manage the island. ature Trust e tie, Bruv%,= k Int. 4 FQn anon pour is protection ari ri�V�rsa23i, dl� sites naturels lI 1l�;lrea�a- Rr�r�ick Inc. OUR LANGUAGE POLICY NOTRE POLITIQUE LING UISTIQUE WE PUBLISH ITEMS IN EITHER FRENCH OR ENGLISH, BUT WE NOUS PUBLIONS DES ARTICLES EN FRANCAIS OU EN ANGLAIS, MALS DO NOT ROUTINELY UNDERTAKE NOUS VAVONS PAS LA POSSIBILITE DE LES TRADUIRE, TRANSLATION. SAUF EN DES CAS EXCEPTIONNELS 192 provided with the pledge and informa- .AeVEDA tion package. There is a $10.00 regis- Help us launch the Earth Month with tration fee which goes directly towards Element5 Spa in Saint John. T AUHMT the fundraising efforts. On the day of pledge P the walk, you return the led a ack- S� " ir,._� w..W age with all donations and you will 4t1 , ' Once again the Nature Trust is proud to with Aveda and the receive an organic cotton hat with the Aveda "Walk for Water" 2012 logo. t • 3 ti? (Dav partner .J :� Nova Scotia Nature Trust in their an- an- nual Earth Month Fundraising Cam- )' f '� tea j t? ` rl t I 1 i 1 i I �� paign. Aveda has raised over $38 mil- Please join us for one of following �' S! LE N T A U CTI C) N lion for global and local clean water walks or events: projects and initiatives. Last year, the March 31, 2012,10 am- i pm Nature Trust of New Brunswick alone Eclipse Studio - Oromocto, Thursday, Market Square received $14,500. April 26, 2012, (506) 357 -3456 FdxMj jspanes2 -1 (ntamcure,rnakeupl Thanks to these funds the Trust was La Spa - Moncton, Sunday, Apri122, • Photowlth a Princess tiara &Wand able to continue with land a.cquisi- 2012,( 855 -1776 S&pttlt Va1ning.Ages 2- 12 mask tions, stewardship and conservation g uncycastle planning projects and to finalize the - MaltlalAns DemonSllallDn TM DeepMap Eco mobile application. Avalon - Fredericton, Sunday, April Three. $30 Thank you Aveda, Maritime Beauty 29 2012 (506) 472 -1772 ° Silow"aim open tothepubllc • Ndtel stars • Restaurants • Spa Services Salons and participants in the annual • Clothing Boutiques • Sporting Goods "Walks for Water." Nakai Spa Salon - Saint John, Sun - lawtlaniltheMalidanab 1.145am This year we are hoping to ramp up day, April 22, 2012, (506)642 -6772 All proceeds support AVeda Earth month and are duectedtothe Nature Trust ofNerBtunsawIck an and involve even more green busi- Element5 Spa - Saint John, Sunday, orga nit all on d evotedto p resery In g the p rut le ce's ecological landscapes. nesses and individuals. You can regis- "Walks April 29, 2012, (506) 642 -7725 Element5 Spa, Market Square, 21ND level ter for the for Water" at par - tieipating salons, where you will be 64z T�zS • elemeltt5spa.ca 4 � � , (Cont from page 1...) The Nature Trust President Don Dennison added, "As the provincial land trust, we are celebrating our 25b anniver- sary with a focus on building partnerships and collaborating with New Brunswick companies and other organizations to share in our mutual commitment to the preservation of our special natural areas. This collaboration between Connors Bros. Clover Leaf Seafoods and Nature Trust is a model for success in land conservation that will benefit New Bruns - wickers for generations to come. "Connors Bros. Clover Leaf Seafood has been deeply rooted in the community of Blacks Harbour and the Fundy Isles for over a century. This land donation clearly demonstrates exemplary leadership in corporate social responsibility that is a touchstone for contemporary businesses," Dennison said. Connors Bros. Clover Leaf Seafoods executive vice president and managing director Ron Schindler remarked: "Southern Wolf Island is a spectacular island with a sensitive ecology that we are very pleased to offer to The Nature Trust of New Brunswick to ensure that it is protected and treasured. It has been our pleasure to partner with the Trust in building on the already impressive stock of conserved islands and lands in Charlotte County." The Nature Trust will be responsible for the conservation and management of the Sothern Wolf Island and will work towards establishing partnerships with local schools, clubs and citizens for stewardship purposes. A stewardship fund has been set up in order to manage the island. ature Trust e tie, Bruv%,= k Int. 4 FQn anon pour is protection ari ri�V�rsa23i, dl� sites naturels lI 1l�;lrea�a- Rr�r�ick Inc. OUR LANGUAGE POLICY NOTRE POLITIQUE LING UISTIQUE WE PUBLISH ITEMS IN EITHER FRENCH OR ENGLISH, BUT WE NOUS PUBLIONS DES ARTICLES EN FRANCAIS OU EN ANGLAIS, MALS DO NOT ROUTINELY UNDERTAKE NOUS VAVONS PAS LA POSSIBILITE DE LES TRADUIRE, TRANSLATION. SAUF EN DES CAS EXCEPTIONNELS 192 Upcoming Events in Celebration of the 25th Anniversary Youth in Nature Campaign Events When: March - July Where: Various Preserves Details: Check the website for more infor- mation: www.nbync.ca/ DeepMapTM Eco Launch When: April Where: Fredericton Details: Watch NTNB's website or Apple store for a launch date Green Island Announcement When: April (date TBA) Where: Florenceville Details: Partnership with the Federal and Provincial government through conserva- tion of species at risk Connect Children with Nature When: May (date TBA) Where: Boars Head Nature Preserve Details: Educate and explore nature with children IIyla Park Frog Walks and Workshops When: May — August (dates TBA) Where: Hyla Park Nature Preserve Details: Check NTNB website for more information Youth in Nature Campaign Gala When: July (dates TBA) Where: Fredericton Details: Come and celebrate the outcomes of the Youth in Nature Campaign Charlotte Isles Clean Up and Trail De- velopment When: July Where: Southern Wolf Island or Grand Manan properties Details: Check NTNB website International Trails Day When: June (date TBA) Where: Caughey Taylor Nature Preserve Details: Check NTNB website for more information In Memory of Gary Mittelholtz When: September (date TBA) Where: Blueberry Hill Details: Celebratory event marking the bridge crossing completion and grand opening of trails Exhibition "Encounters with Unfettered Nature" When: December (date TBA) Where: New Brunswick Museum, Saint John Details: 25th Anniversary Celebration Message from the Author I am pleased "- -: : • - •'• to offer the opportunity to purchase my children's book about the environ- ment and ani- mal kingdom "The Green Guardian and the Eco Squad." For every book sold, $8 dollars will be donated to the Na- ture Trust. Contact Sheila McPhee to place your order! Phone: (506) 450 -2197 Email: info@galleryopague.com Website: www.thegreenguardian.ca. Announcement of Lieutenant Governors Award in Land Conservation When: October (date TBA) Where: Governors House Details: 25th Anniversary Celebration Sincere thanks to Office Interiors for printing this , issue of Refuge! + 1 dffice 41 I wish to become member of the Nature Trust of New Brunswick / Je desire devenir member de la Fondation pour la protection des sites naturels du Nouveau - Brunswick. Please check one: - - - Student / Etudiant(e) $10 Individual / Individu $25° Family or Group / Famille ou Groupe $35 Supporting/ Souten ' $75 Sponsoring / Parrain $150 Donor /Don $250 Benefactor/ Bienfaiteur� $500 Corporate /Entreprise °`y $1000+ Life / Membre a vie $5000 Cheque or money order enclosed? Visa# Name: I Telephone• i Address: ..: o_ % Email: Exp. Mail to / Veuiller addresser a: The Nature Trust of New Brunswick, Inc / La Fondation pour la protection des sites naturels du Nou- veau- Brunswick, Inc. P.O. Bog 603, Station A., Fredericton, NB E3B 5A6 Official income tax receipts will be issued I Nous vous ferons parvenir un recu aux fins de deduction d'impots. 193 April 5, 2012 J. Patrick Woods Manager, City of Saint John City Hall, 8th Floor Dear Mr. Woods, David Greenslade Park Committee 22 Secoudon Drive Saint John, NB, E2K 5G5 E -mail: doug. oxford @td. com As expressed in our telephone conversation of April 2, 2012, it is the desire and intent of our committee to complete the development of the Private David Greenslade Peace Park in Millidgeville. Our group is presently exploring various options for fundraising and is not requesting further financial support from the City of Saint John. Where the city could help is in making the application to the Greater Saint John Community Foundation and others that may be available on our behalf. In conversation with the Executive Director of the Foundation, the city would be a bona fide beneficiary as the park sits on city land. We, of course, would work closely with the city managers office regarding the disbursement of funds. The current estimate for landscaping, signage and entrance improvements would be approximately $20,000.00. We would be applying to the Foundation for a portion of this expense. Yours truly, oug rford Co -C air David Greenslade Park Committee Greater Saint John Community Foundation Grant Application THE GREATER SAINT JOHN COMMUNITY FOUNDATION HELPING YOUR GIFT BENEFIT GREATER SAINT JOHN The Greater Saint John Community Foundation supports charities in Greater Saint John that are registered with The Canada Revenue Agency. Organizations seeking funding must demonstrate fiscal responsibility, competent management and a strong commitment to the Greater Saint John area. Applications connecting multiple sectors of the community, encouraging collaboration, affecting individuals, leveraging additional funding, projects with significant, demonstrable long -term benefits or new and innovative projects to be completed within a specific time period are favoured. Capital projects may be considered. Grants are normally made once yearly in the spring. Applications are to be received at the Foundation office by April 16 at 4pm. The Foundation is limited to serving the people of Greater Saint John (50 km radius). Please do not hesitate to discuss your application, in advance. with the Foundation's Executive Director. Does Your Project Qualify for a Grant? The Greater Saint John Community Foundation awards grants in support of a wide range of projects. However, it usually does not make grants for the following purposes: * for advocacy purposes * to support ongoing operating costs * to individuals * to cover deficits * to retire debts * to endowment funds * to sectarian, religious or political organizations * in response to annual fund raising * to organizations which are totally government funded * if the Evaluation Report from a previous grant has not been submitted To facilitate processing your application, minimize handling and reduce the volume of material: PLEASE ENSURE EIGHT (8) COPIES OF THE APPLICATION (ALL ON 3 -HOLE- PUNCHED, DOUBLE -SIDED PAPER, NO BINDERS OR SPECIAL COVERS PLEASE) ARE RECEIVED BY THE FOUNDATION OFFICE BY THE DEADLINE DATE OF APRIL 16 at 4pm : The Greater Saint John Community Foundation MAILING ADDRESS P.O. Box 20061 Brunswick Square Saint John, NB E2L 5132 OR STREET ADDRESS 76 Princess Street, Suite 101 Saint John, NB 195 RUEPORT TO COMMON CC)UI CIL M & C — 2012 -75 April 3, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Partial Release of Municipal Services Easement to Holy Cross Cemetery - Sand Cove Road BACKGROUND: A City of Saint John In 1995, the City provided a Quit Claim Deed to Saint John Diocesan Cemetery Co. Inc., a parcel of land that traversed through the Grantees property. The City retained a municipal services easement through the land deeded to the Church for the purpose of maintaining a trunk sewer line. One of the plans submitted by Hughes Surveys shows existing and proposed plot locations for Mausoleums, one of which had been constructed some time ago. As noted, this existing mausoleum encroaches into the easement area. To rectify this existing situation as well as locating other proposed plot locations for future mausoleums, the Church is requesting that the City reduce its easement area over this land to accommodate their proposal. ANALYSIS: Representatives of the Saint John Diocesan Cemetery Co. Inc. have had discussions with City staff, including Municipal Operations to attempt to find a solution with their plans as described above. Several plan revisions later, City Engineering is agreeable to release portions of the existing municipal services . easement, including the hatched areas identified as Parcels `B" and "C" on the attached Plan of Survey dated March 9, 2012, Job No. Y11 -428. The release of these two Parcels are contingent upon the property owner saving and holding harmless the City of Saint John from any damages which may arise from the normal operationn and maintenance of the buried 600 mm PVC pipeline, except for negligence. In addition, if a mausoleum is intended to be located within a municipality, the written approval of the council of the municipality for the establishment, alteration or extension is required. If Council is agreeable to the proposal as described above, the following recommendation will facilitate the partial release of the City easement and the municipality granting of the intended development. 196 M & C — 2012 -75 - 2 - April 4, 2012 RECOMMENDATION: 1. That the Common Council of The City of Saint John hereby approves of the proposed establishment of a mausoleum on lands designated Plot 2 and 3 as shown on a drawing prepared by Hughes Surveys & Consultants Inc. dated March 9, 2012 (Project No. Y11428) in Holy Cross Cemetery, Sand Cove Road, Saint John, N.B., and 2. That the City of Saint John releases its easement interest in lands designated Parts B and C on the aforesaid drawing to the Saint John Diocesan Cemetery Co. Inc., provided that the Cemetery Company saves and holds harmless the City of Saint John from any damages which may arise from the normal operation and maintenance of the existing sewer line, save and except damage arising from the City's negligence. Respectfully submitted, 1rwr. Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Attachments CL /c 197 W W 0 K a W 6 6 a E E 8 �o r 8 Y 9 i r env B 8s W ; y � q `g �`, � @ � r @ top � 1 .11" 1�.'� .-J�ya �r}�L i � , � a �t 0 3'+,, m "� "$•sr �•. �i lob! - I � I Jy •'� f � \ ,1 a nay W W 0 K a W 6 6 a E E 8 �o r 8 Y 9 i r env B 8s M &C- 2012 -85 April 10, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STREET NAMING Background In an effort to reduce confusion for emergency services providers, the Public Safety Communications Center has requested that a unique street name be assigned to the currently unnamed street connecting Samuel Davis Drive and MacLaren Boulevard, in Crescent Valley. Typically when a new street name is required, abutting property owners are asked for suggestions. However in this case, this street is completely within City of Saint John property. 77 7 City of Saint John In an effort to involve the community in the process, Staff contacted representatives from the local Social Development Department office and asked if they would be able to solicit suggestions from residents. Social Development staff were very helpful and set up a contest for residents of Crescent Valley with ballot boxes at Hazen White / St. Francis school, at the Crescent Valley Resource Centre and at the Crescent Valley Tenants' Association office (see attached). A total of 141 ballots were submitted. The person who submitted the winning entry will receive a gift basket with items from the City of Saint John as well as a Sobeys gift card donated by the Social Development Department. After examining each of the ballots, City Staff selected Itty Bitty Way because it is in fact a short street and also because of this name's originality, whimsical nature and uniqueness. This proposed street name also meets NB 9 -1 -1 guidelines. 199 M&C- 2012 -85 -2- April 10, 2012 RECOMMENDATION: It is recommended that Common Council amend the list of Official Street Names and approve the following change: 1. Add the name voie Iffy Bitty Way. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Growth and Development Services A` J. trick Woods, CGA City Manager 200 CRESCENT VALLEY RESIDENTS: Name this Street Drop your entry to: The Crescent Valley Resource Centre, 130 MacLaren Blvd. Or: the Crescent Valley Community Tenants' Assoc., 55 MacLaren Blvd. One entLy per person. Open to people who live in Crescent Valley. Deadline: March 29 Name the Street Contest Ballots ;Your Name: ;Address :Ph. Number: .The street should be called: The City of Saint John has asked the residents of Crescent Valley to help choose a name for the street off Samuel Davis ------------------------------ ,"" Drive, see the map above. (Many people think the name is Patterson St., but this is not correct). Every child at Hazen ;Your Name: White-St. Francis School will get a ballot. Make sure you get one too! The City staff will choose the winning entry. You could decide the newest street name in Saint John! The winner will receive a prize. Deadline to enter is March 29. °;• SAINT JOHN NEED MORE BALLOTS? No 201 ;Address :Ph. Number: The street should be called: ----------------------- - - -- worry, any piece of paper�?l do 'T"o"O COMMON COUNCIL M & C — 2012 -84 April 5, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: HARBOUR CLEAN -UP Imperial Oil Ltd. —170 Broad Street - PID # 00000075 In relation to the Harbour Clean-Up project, Common Council has already: City of Saint John 1. Accepted funding under the Canada Strategic Infrastructure Fund from the Government of Canada for the Wastewater Treatment System Project # 2008 -2012; and; 2. Resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required to a maximum of 125 per cent of the appraised value with intention to promote goodwill, equity, and ultimately negotiated voluntary settlements on value. Design engineering has determined that the favoured routing for a portion of the Harbour Clean-Up gravity collection sewer network leading to the future SLS #8 on Crown Street is through a land holding of Imperial Oil Ltd. (Imperial Oil) located on the south side of Broad Street in proximity of the potash shipping terminal. The required easement from Broadview Avenue to Broad Street covers a portion of PID # 00000075 measuring 1184 square metres, and being illustrated on the Kierstead Quigley and Roberts Ltd. plan of survey bearing drawing number 3084, a copy of which is attached to this letter. Subject to Common Council approval, staff successfully negotiated an agreement with Imperial Oil for the City's purchase of the required easement at the price of $19,463.00, being 125% of the appraised value of same. 202 RECOMMENDATION: 1. That provided that Imperial Oil Ltd. agrees to the terms and conditions contained in Agreement of Purchase and Sale document attached to M &C 2012 -84 (the "Agreement "), The City of Saint John acquire from Imperial Oil Ltd. the easement interest in a 1184 square metre portion of PID # 00000075 for the sum of 819,463.00 (plus HST if applicable), upon the terms and conditions contained in the said Agreement and, 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager PW /P attachments 203 Description of Plan: Union Street & Crown Street Area N PID: 00000075 170 Broad Street PAN: 1617452 Date: 30 November, 2011 204 PID 5511 a574 ! Ph. N,. , 4 Wentworth °a 1 Street n C- L: <. I t- CD (D PID 83 Imperial Oil Limited. '15.24 ."J" 1076. Pogo 407 34c 54*U, PID 54.7 qvlm i0go r — .,, I J00 D Maria Diogo 9 2.M. . A.— IZ17. ftpl"O 36.0 17 2. -- 1 M -2 7 141 Ln — 347'7'^ i 00 C) -1 -4T 0 .5• c CL (D ME gut= N �4 1 � .1 11 j;; 1;4 1 aNON .7 " y� r n 0 s -a M 3 0-0I -8 -'hc -M W, g a". M 0 04 (n CIL -4 00-0 rI m 0 --633 5"V za 9' & 91 3 0 0— 13-11 a° z -.0 p 3 90 M =r HT C4 FL ca 205 6UM U) CD -I- (D e-f- 2 O c C101 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser an easement for municipal services in and through the Vendor's Lands designated PID 00000075 upon the following terms and conditions: Vendor: IMPERIAL OIL LTD.; 90 Wynford Drive Toronto, ON M3C 1K5 Attention: Real Estate Manager, Surplus Properties Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41_1 Attention: Common Clerk Premises: Portion of PID # 00000075 Comprising 1,184 sq. m. +/- Designated as Parcel E -1 on a Kierstead Quigley and Roberts drawing number 3084 dated March 16, 2011. (Photo- reduced copy of said drawing attached hereto as Schedule "A ") Purchase Price: $19,463.00 + HST if applicable, payable as follows: Early Access: $600.0 0 Total: $20,063.00 Deposit: $10,000.00 payable upon adoption of Common Council Resolution Balance: $10,063.00 on Closing Closing Date: On or before March 31, 2012. 1. The Purchaser shall for the Purchase Price and such additional consideration as set out in clause 2, acquire from the Vendor an easement and rights in the Premises at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Premises 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 Final March 6, 2012 206 FE 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 Premises 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, structure or other obstacle. The Grant of Easement shall be substantially in the form attached hereto as Schedule "B ". 2. (a) As consideration, in addition to the Purchase Price, the Purchaser shall, at Closing, provide to the Vendor a Release and Indemnification in the form attached hereto as Schedule "C ". (b) The Purchaser's solicitor shall provide to the Vendor, at Closing, an opinion that the Purchaser has the legal authority to enter into this proposed Agreement of Purchase and Sale with Release and Indemnity as set out in Schedule "C ". 3. The Purchaser accepts the Premises on an "as is, where is" basis, in its present condition, without any warranty or representation whatsoever on the part of the Vendor. 4. The Purchaser may examine the title at its own expense within sixty (60) 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 Premises. 5. (i) The Purchaser shall prepare at its cost any Plan of Survey required; (ii) All plans and documents shall be in registerable form, and (iii) The Purchaser shall reimburse the Vendor $500.00 for outside legal fees expended by the Vendor to finalize this conveyance. 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 and the Vendor shall have no further recourse. 207 Final March 6, 2012 3 7. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on March 27, 2012 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. 9. AND FURTHER, the parties agree that, upon acceptance by the Purchaser, the Purchaser, by its authorized representatives, and with such equipment as may be necessary has a right of access to, in and upon the Premises at any time provided such right is exercised with as little disturbance as possible to the Vendor for such purposes and pursuant to the terms hereinafter set out: a) The right of access is to allow the Purchaser to make improvements to the City of Saint John sewerage system; b) Any entry to, in and upon the Premises shall require 24 hours prior written (e -mail) notice to the Vendor; c) Any entry by or on behalf of the Purchaser shall be at its risk, cost and expense; d) The Purchaser for itself and its authorized representatives hereby indemnifies and saves harmless the Vendor from and against all matters arising by reason of the Purchaser exercising its right of access granted herein. IN WITNESS WHERE0F the Vendor has caused these presents to be executed this day of .2012. IMPERIAL OIL LTD. Per: And: Final March 6, 2012 No AND the Purchaser has caused these presents to be executed this day of . 2012. THE CITY OF SAINT JOHN Mayor Common Cleric Common Council Resolution: Final March 6, 2012 209 N ' 6 W P g� 3 z tiaoc lLY &+ {�l� � !� t 3 P R fEi I! !: y ie . SCHEDULE "A �o �Z o €'7�S _ a v, Caw WIN 14 MYI + • e ... ..r I � f LO 1 ri I o V) �� a o .. I f w x '5 ,r em 'v � LfC Old .ar,.csn �.KM IW �Md 'llal •raM 'irlii� Mr�e 1L[1 � raow �� y}JOM }uaM � � ra 'w ,w .e . m¢ •isel�x ad z� g TRIM Of Nola R9195$ xx 210 SCHEDULE g • 21-M 9"'14jal PID OM00075 This Indenture made this day of .2011. BY AND BETWEEN: IMPERIAL OIL LIMITED, having b registered office at 90 Wynford Drive, Toronto, Ontario, M3C 1K5, an extra - provincial company, hereinafter called the 'Grantor' OF THE FIRST PART -and - THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, P. O. Box 1971, Saint John, New Brunswick, E21- 40, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Grantee" OF THE SECOND PART WHEREAS the lands and premises which are the subject of this easement (the 'Easement Parcel') form part of the lands and premises conveyed to the Grantor by deed dated , registered In the Saint John County Registry Office on in Book _ at Page _ as No. AND WHEREAS the Grantor has agreed to provide to the Grantee an easement over the Easement Parcel upon the terms and conditions hereinafter set forth; AND WHEREAS the Grantee has authorized the acquisition of the easement in a resolution adopted at a meeting of the Common Council of The City of Saint John on 2011; NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the sum of One Dollar ($1,00) of lawful money of Canada, the recelpt whereof is hereby acknowledged, the Grantor has given and granted and by these presents does give and grant unto the Grantee, its successors and assigns, an easement and rights at the cost, risk and expense of the Grantee by its officers, servants, agents, contractors and workers at any time to enter upon the Easement Parcel 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 thereof, promptly restoring as for as is practicable the surface of the Easement Parcel to the same condition 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 owner of the Easement Parcel, including, helm, executors, administrators, successors and assigns of such owner from erecting or locating on the Easement Parcel any building, structure or other obstacle. The Easement Parcel Is described in Schedule A hereto annexed. TO HAVE AND TO HOLD the same unto and to the use of the Grantee, its successors and assigns, FOREVER, subject to the terms and conditlons hereinafter set forth. 211 2 The Grantor shall have the right to use the Easement Parcel for all lawful purpose, subject only to the restrictions hereinbefore set forth. THIS INDENTURE shall enure to the benefit of and be binding upon the parties, thereto their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused time presents to be duty executed the day and year first above written. SIGNED, SEALED & DELIVERED In the presence of: IMPERIAL OIL LIMITED Per: And: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 212 SCHEDULE A All that certain lot, ptece and parcel of land Situate, tying and being in the City of Saint John, In the County of Saint John, in the Province of New Brunswick, known and distinguished as comprising square meters as shown on a plan of survey (Dwg. No. entitled 'Plan of Survey Showing Easement City of Saint John, Saint John County, N.B.' dated _ prepared by „_.._ attached and forming part hereof. 213 SCHEDULE "C ,. RELEASE AND INDEMNITY KNOW ALL MEN BY THESE PRESENTS that in consideration of the sum of One Dollar ($ 1.00) of lawful money of Canada and other good and valuable consideration, being the granting of an Easement from Imperial Oil Limited ( "Imperial ") to The City of Saint John (the "City ") in respect of lands designated PID Number 000075 located on Broad Street, in the City of Saint John, New Brunswick (the "Lands "), the receipt and sufficiency of which is hereby acknowledged, the City, for itself and its successors and assigns and to the fullest extent permitted by law, hereby releases and forever discharges Imperial, its subsidiaries, partners and affiliates and their respective directors, officers, employees, agents, representatives, successors, successors in title and assigns (the "Vendor Indemnified Parties ") from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages to the City or its property which are or may be in any way related to, or connected or associated with the City installing and operating sewer infrastructure upon the Lands (the "Work ") saving and excepting such loss, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages caused by the negligence or omission of Imperial which may occur after the date hereof. The City hereby agrees to be liable for and, in addition, indemnifies, defends and saves harmless the Vendor Indemnified Parties from and against any and all losses, costs, claims, damages or expenses suffered or incurred by, or asserted against, the Vendor Indemnified Parties, or any of them, resulting from the City's use of the Lands, including without limitation, the performance of the Work. 214 -2- This Release and Indemnity shall extend to and enure to the benefit of the Vendor Indemnified Parties and each of their successors, including without limitation, successor in title to the Lands. Should any part of this Release and Indemnity be determined to be void, prohibited or unenforceable under the laws of the Province of New Brunswick such part shall be severable the extent of such voidance, prohibition or unenforceability, without invalidating or otherwise limiting or impairing the remaining provisions of this Release and Indemnity. IN WITNESS WHEREOF the City has caused these presents to be executed this day of , 2012. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: , 2012 215 G- y �) City Manager's Office P.O. Box /C.P. 1971 Bureau du directeur general Saint John, NB /N. -B. Canada E2L 4L1 www.saintjohn.ca a� April 4, 2012 The City of Saint John Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: EASEMENTS FOR MUNICIPAL SERVICES The attached letter from the Solicitor's Office to the City Manager is self - explanatory. As a result it would be appropriate for Council to adopt the following resolution. RECOMMENDATION Recommended that the City of Saint John acquire easements upon the same terms and conditions as set out in the agreements submitted with M &C 2011 -188 and M &C 2011 -192 save and except as to the "Closing Date ". Respectfully submitted, J. atrick Woods, CGA CI MANAGER ENC. 216 Lynda D. Farrell Direct Line: 506.658.4096 Fax No.: 506.649.7939 Email: lynda.farrel I @saintj ohn.ca April 4, 2012 J. Patrick Woods City Manager City of Saint John Dear Mr. Woods: Re: Easements for Municipal Services Common Council meeting on July 18, 2011 and August 2, 2011, authorized the acquisition of two (2) easements in connection with the "Milford Drainage Basin Stormwater System Improvement" Project. The terms and conditions of these easement acquisitions provided a closing date, October 31, 2011, which has passed. The easements are still required. The following recommendation is appropriate: Recommended that the City of Saint John acquire easements upon the same terms and conditions as set out in the agreements submitted with M &C 2011 -188 and M &C 2011 -192 save and except as to the "Closing Date ". Yours truly, Lynda D. Farrell Solicitor LDF/bm - 1 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 j www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 217 60241 7.1 SAINT JOHN PROCLAMATION WHEREAS: During the week of April 15 - April 21, 2012, Volunteers across Canada are recognized for their hard work in giving back to the community; and WHEREAS: Rogers TV works with volunteers on a national and provincial level and have over 200 volunteers in the province of New Brunswick with over 70 here in the city of Saint John; and WHEREAS: The goal of Rogers TV is to provide community - based programming with the help and participation of people in the community for the benefit of viewers at home, providing over 3500 hours of programming annually, including coverage of our Common Council Proceedings; and WHEREAS: in Canada, Tartan Day is celebrated on April 6th, the anniversary of the Declaration of Arbroath, the Scottish declaration of independence, Tartan Day celebrations typically include parades of pipe bands, Highland dancing and sports, and other Scottish -theme events; and WHEREAS: Rogers TV in the City of Saint John and Province of New Brunswick is an important facet of our communities, helping to raise over 370 Thousand Dollars through telethons each year to different charitable organizations. NOW THEREFORE: I, Mayor Ivan Court, of Saint John do hereby proclaim the week of April 15 - April 21, 2012 as Volunteer Appreciation Week, and urge everyone to take time to thank a volunteer for all the hard work that they do. In witness whereof I have set my hand and affixed the official of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Carr 218 The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire PRO CLAMA TION WHEREAS. The City of Saint John recognizes the dignity and worth of all people in all of their diversity especially the LGBTQ communities, and, WHEREAS: Youth are especially recognized for their commitment to eliminate discrimination in their community, and WHEREAS: The Day of Pink is the international day to stand against bullying, discrimination, homophobia & transphobia. We celebrate youth who are taking initiatives to stop discrimination in their communities—making our world a better place. NOW THEREFORE: I, Mayor Ivan Court, �, �� C� of Saint John do hereby proclaim April 11th, 2012 as The International Day of Pink in the City of Saint John and urge all citizens to foster an environment that recognizes that positive actions do make a difference and that the change starts with each one of us. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 219 73 ��JS Jr �C -' ling. �• Mayor Ivan Court Mayor's Office Bureau du maire PRO CLA MA TION WHEREAS: the Lions Club of New Brunswick are dedicated to creating and fostering a spirit of understanding through community involvement; and WHEREAS: the City of Saint John commends all Lions for their dedication towards improving the social welfare of all Saint Johners; i NOW THEREFORE: I, Mayor Ivan Court, l'— of Saint John do hereby proclaim April 21" to be Lions Appreciation Day in Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 2O .AL. The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire PRO CLAMA TION WHEREAS: The Canadian Coalition for Immunization Awareness & Promotion, composed of: Association of Medical Microbiology and Infectious Disease Canada Canadian Association of Chain Drug Stores Canadian Center for Vaccinology Canadian Diabetes Association Canadian Gerontological Nursing Association Canadian Institute of Child Health Canadian Lung Association Canadian Medical Association Canadian Nurses Association Canadian Nursing Coalition for Immunization Canadian Paediatric Society Canadian Pharmacists Association Canadian Public Health Association College of Family Physicians of Canada Community and Hospital Infection Control Association Council of Chief Medical Officers of Canada Heart and Stroke Foundation of Canada Meningitis Research Foundation of Canada Polio Canada Society of Obstetricians and Gynaecologists of Canada Victorian Order of Nurses Public Health Agency of Canada First Nations and Inuit Health Branch - Health Canada has identified immunization in Canada as an important public health measure for all Canadians; and WHEREAS: Parents and health care providers in every community have a responsibility to ensure that children are immunized on time and receive the full schedule of vaccinations required to protect them from serious diseases; and WHEREAS: A week profiling the importance of immunization in Canada would increase public awareness that many diseases are effectively and safely controlled by SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L7 221 The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire immunization, thereby reducing the burden of illness in our communities; and WHEREAS: Immunization is considered to be the most cost - beneficial health intervention and one of the few that systematically demonstrates far more benefits than costs; and WHEREAS: Canada is joining other countries in North, Central and South America to encourage childhood immunization around Vaccination Week in the Americas, April 21 -28, 2012, sponsored by the Pan American Health Organization, NOW THEREFORE: I, Mayor Ivan Court,'' of Saint John do hereby proclaim the week of April 21 -28, 2012 as National Immunization Awareness Week in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. ' -- — SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 222 SAINT JOHN ----------� PROCLAMATION WHEREAS: ARMA International is an association of records, information and knowledge management professionals; and WHEREAS: the ARMA Association has over 10,000 members worldwide such as, records and information managers, IT managers, legal professionals, archivists, librarians, consultants and image specialists; and WHEREAS: the ARMA Atlantic Chapter is committed to promoting the profession by leveraging the value of records, information and knowledge as corporate assets through resources, education and networking opportunities to the profession and strategic partners; and WHEREAS: control of records and information is necessary for reduction of risk and liability as well as for legislative compliance; and WHEREAS: as residents of Saint John continue to face the complexities of competition, customer service, globalization and technology, proper governance of records and information is critical: NOW THEREFORE: I, Mayor Ivan Court, "I � �"� of Saint John do hereby proclaim the month of April as Records and Information Governance Month in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint Jc 223 l0.1 (a) BY -LAW NUMBER C.P. 110 -189 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1830 square metres, located at 549 Millidge Avenue, also identified as being PID No. 00041558, from "IL -1" Neighbourhood Institutional to "SZ -17" Special Zone #17 pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2012 and signed by: Mayor/Maire ARRETE N° C.P. 110 -189 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6crdte ce qui suit : L'arrdtd sur le zonage de The City of Saint John, d6crdtd le dix -neuf (19) d6cembre 2005, est modifid par: 1 La modification de 1'annexe <<A », Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1 830 metres carrels, situ6e au 549, avenue Millidge, et portant le NID 00041558, de zone de quartier a vocation collectif << IL -1 » a zone speciale n° 17 SZ -17 » conformement a une resolution adoptee par le Conseil municipal en vertu de Particle 39 de la Loi sur 1'urbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2012, avec les signatures suivantes : Common Clerk/Greffidre communale First Reading - March 26, 2012 Premiere lecture Second Reading - March 26, 2012 Deuxieme lecture Third Reading Troisieme lecture 224 - le 26 mars 2012 - le 26 mars 2012 PLANNING AND DEVELOPMENT I URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John p gr. J 5 - - - - - - - — - -r outs FROM / DE IL-1 Neighbourhood Institutional / zone de quartier a vocation collectif j 9L TO / A SZ -17 ®Special Zone #17 / zone speciale no 17 Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de ('article 39 de la Loi sur 1'unbanisme Applicant: Michiko Gehrig Location: 549 avenue Millidge Avenue PID (s) /N1P(s) 00041558 06N79Nw Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: April 5 avril, 2012 Considered by P.A.C. /considers par le C.C.U.: March 20 mars, 2012 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /AmR6 #: 225 Section 39 Conditions -549 Millidge Avenue That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of a parcel of land with an area of approximately 1,830 square metres, located at 549 Millidge Avenue, also identified as PID No. 0041558, be subject to the following conditions: a. That a maximum of two veterinarians be employed at the animal hospital; b. That the use of the site for boarding and kenneling remain incidental to the main use of the site as an animal hospital. c. That the site be developed in conformity with a detailed landscaping plan to be prepared by the applicant and subject to the approval of the Development Officer. The detailed landscaping plan must include fencing to be installed at the rear of the site, landscaping, and signage to be installed at the front of the site. d. That the site be developed in conformity with a detailed parking plan to be prepared by the applicant and subject to the approval of the Development Officer. The detailed parking plan must include the minimum dimensions required by the Zoning Bylaw, as well as curbing and landscaping where appropriate. e. That the detailed landscaping and parking plans noted above be approved prior to the issuance of any building or occupancy permits for the proposed use and attached to any application for building or occupancy permits. 226 0) BY -LAW NUMBER C.P. 110 -191 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 310 square metres, located at 288 Duke Street, also identified as being PID No. 00006502, from "RM -IF" Multiple Residential Infill to 44II, -1" Neighbourhood Institutional pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2012 and signed by: Mayor/Maire ARRIETE No C.P. 110 -191 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du Conseil communal, The City of Saint John a d6cr&6 ce qui suit : Varret6 sur le zonage de The City of Saint John, ddcr6t6 le dix -neuf (19) d6cembre 2005, est modii6 par: 1 La modification de 1'annexe <<A », Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 310 metres carr6s, situ6e au 288, rue Duke, et portant le NID 00006502, de zone d'6difices a logements multiples sur terrain intercalaire << RM -IF » a zone de quartier A vocation collectif « IL -1 conform6ment a une r6solution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2012, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - March 26, 2012 Premiere lecture Second Reading - March 26, 2012 Deuxieme lecture Third Reading - Troisieme lecture 227 - le 26 mars 2012 - le 26 mars 2012 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John gt. xue Olange Yv►e age 5t. c� ,.d r* e* c� �c��nbaxg gt TUC FROM I DE TO 1 A RM -IF IL -1 Multiple Residential Infill / Neighbourhood Institutional / zone de d 'edifices a logements zone de quartier a vocation multiples sur terrain intercalaire collectif Pursuant to a Resolution under Section 39 of the Community Planning Act * Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur 1'urbanisme Applicant: John Howard Society Location: 288 rue Duke Street PID(s) /NIP(s) 00006502 06N98SW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: April 5 avril, 2012 Considered by P.A.C. /considers par le C.C.U.: March 20 mars, 2012 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 228 1b,2Lb 1 Section 39 Conditions -288 Duke Street That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 310 square metres, located at 288 Duke Street, also identified as being PID No. 00006502, be limited to a group care facility with a maximum of seven residents. 229 BY -LAW NUMBER C.P. 110 -192 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: ARRETE No C.P. 110 -192 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cret6 ce qui suit : Uarret6 sur le zonage de The City of Saint John, d6cr&6 le dix-neuf (19) d6cembre 2005, est modifi6 par: 1. Repealing sub - paragraph 910(3)(a)(ii) 1. and substituting the following: "(ii) submit with the application a fee, payable to the City of Saint John, of $2,500 for applications not requiring an amendment to the Municipal Plan, or $3,500 for applications that require an amendment to the Municipal Plan;" 2. Repealing paragraph 910(6)(b) and substituting the following: "(b) for providing a zoning confirmation letter, a fee of $100 shall be required at the time of the request." IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2012 and signed by: Mayor/Maire L'abrogation du sous - alinea 910(3)a)(ii) et son remplacement par le sous - alinea suivant : << (ii) verse avec la demande un droit de 2500 $ pour les demandes ne n6cessitant pas une modification au Plan municipal, ou 3500 $ pour les demandes qui n6cessitent une modification au Plan municipal, payable a The City of Saint John; » 2. L'abrogation de Falin6a 910(6)b) et son remplacement par l'alin6a suivant : b) pour une lettre de confirmation de zonage, un droit de 100 $ sera exig6 au moment de pr6senter la demande. » EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrete le 2012, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - March 26, 2012 Premi6re lecture Second Reading - March 26, 2012 Deuxi6me lecture Third Reading - Troisi6me lecture 230 - le 26 mars 2012 - le 26 mars 2012 �9 :. :,.,. THE CITY OF SAINT JOHN NEW BRUNSWICK A By -law respecting Arrete relatif a la plomberie Plumbing in the City of Saint daps The City of Saint John John By -law Number PM An uncertified copy of this by -law is available online 231 Arrete numero PM Une copie non certifiee de l'arrete est disponibile en ligne -2- TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article Designation Page Recitals 2 Preambule 2 1 Title 3 1 Titre 3 2 Definitions 4 2 Definitions 4 3 Interpretation 4 3 Interpretation 4 4 Permit 6 4 Permis 6 5 Application 6 5 Demande 6 6 Granting of Permit 7 6 Octroi de Permis 7 7 Term of Permit 7 7 Terme du permis 7 8 Mandatory Building 8 8 Permis de construction 8 Permit mandatoire 9 Revoking of Permits 8 9 Revocation de permis 8 10 Municipal Plumbing 9 10 Inspecteur plombier 9 Inspector municipal 11 Repeal 9 11 Abrogation 9 RECITALS WHEREAS all work done to a plumbing system in the Province of New Brunswick must conform to the standards prescribed by the Plumbing Installation and PREAMBULE Attendu que Tous les travaux effectues a une installation de plomberie dans le Province du Nouveau - Brunswick doivent etre conformes aux normes etablies dans la Loi sur le montage et 232 Inspection Act, S.N.B. 1976, c. P -9.1 and associated regulations; AND WHEREAS section 6 of the Plumbing Installation and an Inspection Act, S.N.B. 1976, c. P -9.1 provides that a municipality may by by -law regulate and control any act or thing which is not already regulated and controlled by the said Act and regulations, provide for the granting and revoking of permits and the fees therefor and provide for the appointment of municipal plumbing inspectors and the prescribing of their duties; AND WHEREAS Common Council sees it fit to enact the within by -law; AND WHEREAS notice of this by -law was provided in accordance with section 12 of the Municipalities Act, c. M -22; -3- 1'inspection des installations de plomberie, L.N.B. 1976 c. P -9.1 et des reglements y afferents; 1'artice 6 de la Loi sur le montage et Vinspection des installations de plomberie, L.N.B. 1976 c. P -9.1 prdvoit qu'une municipality peut, par voie d'arr6te, reglementer toute action ou chose qui n'est pas rdgie par ladite loi et les reglements y afferents; etablir des prescriptions relatives a 1'octroi ou a la rdvocation de permis et les droits y afferents; et pourvoir a la nomination d'inspecteurs plombiers municipaux et determiner leurs fonctions; le Conseil communal considere qu'il est approprid d'ddicter le prdsent arr6td; avis du present arr6te a 6te donne conformement A Particle 12 de la Loi sur les municipalites, c. M -22; NOW THEREFORE, the Common Council of A CES CAUSES, le Conseil communal de The The City of Saint John, enacts as follows: City of Saint John edicte : Title Titre 1 This by -law may be cited as the Saint John 1 Plumbing By -Law. 233 Le present arr6te peut titre citd sous le titre Arrete relatif a la plomberie de Saint John. Definitions 2 "Act" means the Plumbing Installation and Inspection Act S.N.B. 1976, c. P -9.1 and amendments thereto. (loi) "Building Inspector" means the person appointed by Council as Building Inspector and includes the Deputy Building Inspector. (inspecteur des batiments) "Council" means the Common Council of the City of Saint John; (conseil) "Plumbing Contractor" means a person, corporation or firm who undertakes to install, extend, alter, renew or repair any part of a plumbing system and is not prohibited from doing so under the Act and holds a valid plumbing contractor's license granted or renewed under the Regulation. (entrepreneur de plomberie) Plumbing Inspector" means a plumbing inspector appointed by Council; (inspecteur plombier) "Regulation" means Regulation 84 -187 under the Act and amendments thereto. (reglement) -4- Definitions <<Conseil» Le conseil communal de The City of Saint John. (Council) entrepreneur de plomberie» designe une personne, corporation, societe ou firme qui entreprend, en conformite avcc la loi de monter, prolonger, modifier, renover ou reparer toute partie d'une installation de plomberie et qui est titulaire d'une licence valide d'entrepreneur de plomberie delivree ou renouvelee en vertu du Reglement. (Plumbing Contractor) <dnspecteur des batiments» designe la personne nommee par le conseil ainsi que 1'inspecteur des batiments adjoint. (Building Inspector) < dnspecteur plombier» designe inspecteur plombier nomme par le Conseil (Plumbing Inspector) loi » designe la Loi sur le montage et Vinspection des installations de plomberie L.N. -B. 1976, c.P -9.1 et les modifications y afferentes. (Act) «reglement» designe le Reglement 84 -187 pris en vertu de la loi et les modifications y afferentes. (Regulation) Interpretation Interpretation 3 Rules for interpretation of the language 3 Les regles d'interpretation suivantes used in this By -law are contained in the s'appliquent au present arrete : lettered paragraphs as follows: (a) The captions, article and section a) Les titres, intertitres et names and numbers appearing numbeos des dispositions ne in this by -law are for servent qu'a faciliter la 234 -5- convenience of reference only and have no effect on its interpretation. (b) This by -law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this by -law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the Revised Statutes of New Brunswick, 1973 edition. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this by -law references other by- laws of the City, the term is intended to include all applicable amendments to those by -laws, including successor by -laws. (d) The requirements of this by -law are in addition to any requirements contained in any other applicable by -laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this by -law, is for any reason declared by a court or tribunal 235 consultation de 1' arrete et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent titre adaptes au contexte. c) Les renvois legislatifs paraissent en italique. Its visent les Lois revisees du Nouveau - Brunswick de 1973 sauf mention d'une annee particuliere, auquel cas ils visent les Lois du Nouveau - Brunswick de cette annee -la. Dans tous les cas, le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris to-ate legislation de remplacement. Les renvois a d'autres arretes de la municipalite visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il eree s'ajoutent a celles decoulant d'autres arretes applicables de la municipalite ou des lois ou reglements federaux ou provinciaux applicables. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque of competent jurisdiction to be invalid, the ruling shall not affect the validity of the by -law as a whole, nor any other part of it. Permit 4(1) No person shall carry out, or permit to be carried out on his behalf, the construction, extension, alteration, or repair of a Plumbing System as defined in the Act, or the connection or disconnection of a sewer unless a permit to do so has been obtained. motif que ce soit, la decision n'entache en rien la validity de 1'arrete dans son ensemble ni de toute autre disposition. Permis 4(1) 11 est interdit de construire, de prolonger, de modifier ou de reparer une installation de plomberie tel que ce terme est ddfini dans la loi, ou de brancher ou de debrancher un egout, ou de permettre que de tels travaux soient effectues pour son compte, A moins d'avoir obtenu un permis a cet egard. 4(2) A permit referred to in subsection (1) 4(2) Le permis vise au paragraphe (1) ne peut etre hereof shall be issued only to a Plumbing ddlivre qu'a un entrepreneur de plomberie. Contractor. 4(3) A permit referred to in subsection (1) may be issued by the Plumbing Inspector, the Building Inspector, or such other person as Council may designate. Application 5(1) Where a person is required to obtain a permit pursuant to section 4, application therefor shall be made to the Plumbing Inspector. 5(2) Every application for a permit shall be in writing on a form provided by the Plumbing Inspector and shall include: (a) The name, address and contact numbers of the Plumbing Contractor; (b) The location of the property upon which the plumbing work is to be 4(3) L'inspecteur plombier, l'inspecteur des batiments, ou toute autre personne designee par le conseil peut ddlivrer un permit vise au paragraph (1). Demande 5(1) La personne qui doit obtenir un permis en vertu de Particle 4 prdsente une demande a Pinspecteur plombier. 5(2) La demande de permis se fait par ecrit sur un formulaire fourni par Pinspecteur plombier et s'accompagne : 236 a) du nom, de 1'adresse et des numdros de telephone de 1'entrepreneur de plomberie; b) de 1'emplacement de la propriete ou les travaux de plomberie seront effectuys; performed; (c) A copy of the Plumbing Contractor's license issued under the Act; (d) The nature of the plumbing work to be performed; (e) An application fee of sixty -five ($65.00) dollars plus a plumbing fixture fee of twenty ($20.00) dollar for each plumbing fixture to be installed; (f) The plans and specifications of the existing plumbing and drainage system of the building upon which the plumbing work is to be performed showing the elevation and basement or cellar plan; the plans and specification of the work to be performed, showing the location, description and size of all the parts of the said plumbing and drainage system and a description of the building premises; and (g) Such other information as the Plumbing Inspector may require. Granting of Permit 6 Subject to section 8, upon receipt of a complete application made pursuant to section 5, the Plumbing Inspector or a person listed at section 4(3) shall, within a reasonable time, issue a permit provided the proposed work complies with this and any other applicable laws. -7- c) d'une copie de la licence de Pentrepreneur de plomberie delivree conformement a la loi; d) de la nature des travaux de plomberie qui seront effectues; e) des droits de demande de soixante -cinq (65$) dollars plus un droit associe aux appareils sanitaires de vingt (20$) dollars par appareil sanitaire qui sera installe; f) des plans et specifications du systeme de plomberie et de drainage du batiment oit seront effectues les travaux de plomberie indiquant les plans d'dlevation et de sous- sol /de cave, des plans et specifications des travaux qui seront effectues indiquant Pemplacement, la description et les dimensions de toutes les parties dudit systeme ainsi qu'une description des lieux du batiment; et g) de toute autre information qui pourrait etre requise par Pinspecteur plombier. Octroi de permis 6 Sous reserve de Particle 8, sur reception d'une demande remplie conformement a Particle 5, 1'inspecteur plombier ou une personne listee au paragraphe 4(3) doit delivrer, dans un delai raisonnable, un permis a condition que les travaux proposes soient conformes au present arrete et a toute autre loi applicable. Term of Permit Terme du permis 7 A permit issued under this by -law shall be 7 Un permis delivre en vertu du present arrete est 237 valid for a period of two (2) years from the date the permit was issued and automatically becomes null and void once the said 2 year period expires. Mandatory Building Permit 8 Where the work for which a permit is sought under this by -law forms part of a project which requires a building permit pursuant to the Saint John Building By -Law, a plumbing permit shall not be issued unless the Building Inspector is in receipt of an application for a building permit for the said project. Revoking of Permits 9(1) A permit issued under section 6 may be revoked by the Plumbing Inspector if- (a) the work described in the permit is not commenced within six (6) months from the date the permit was issued; or (b) the work described in the permit is contrary to the National Plumbing Code of Canada, this or any other City of Saint John By -Law or any provincial or federal Act or Regulations; or (c) the work undertaken is contrary to the description of the work on the permit; or (d) the Plumbing Contractor to whom the permit was issued is no longer associated with the work for which the permit was issued. valide pour une periode de deux (2) ans suivant la date a laquelle le permis a ete delivre, et ledit permit devient automatiquement nul et invalide une fois que ladite periode de 2 ans a expiree. Permis de construction mandatoire 8 Lorsque les travaux pour lesquels une demande de permis a ete soumise en vertu du present arrete font partie d'un projet qui requiert un permis de construction en vertu de I'Arrete sur les bdtiments de Saint John, un permis de plomberie ne sera pas delivre a moins que l'inspecteur des bdtiments ait requ une demande de permis de construction pour ledit projet. Revocation de permis 9(1) Un permis delivre en vertu de Particle 6 peut etre revoque par Pinspecteur plombier si : 238 a) les travaux qui font l'objet du permis n'ont pas ete commence dans les six (6) mois suivant la date de delivrance du permis; ou b) les travaux qui font 1'objet du permis ne sont pas conformer au Code national de la plomberie — Canada, au present arrete ou a tout autre arrete de the City of Saint John ou A toute loi ou tout reglement provincial ou federal; ou c) les travaux effectues ne sont pas conformer A la description des travaux sur le permis; ou d) 1'entrepreneur plombier a qui le permis a ete delivre n'est plus associe aux travaux pour lesquels le permis a ete delivre. 9(2) Where a person deviates from the work for which a permit has been issued, the Plumbing Inspector shall, by written notice served personally on, or sent by registered mail to, the person named in the permit, state the nature of the violation and order the cessation thereof within a reasonable time. 9(3) Where any person fails to comply with an order under subsection (2), the Plumbing Inspector may suspend or cancel the permit. The Plumbing Inspector may also, if the conditions leading to the suspension are subsequently corrected, reinstate the suspended permit. Municipal Plumbing Inspector 10 The Common Council shall, by resolution, appoint a Plumbing Inspector and may appoint one or more Assistant Plumbing Inspectors. Repeal 11 A By -law of The City of Saint John enacted on the 19'h day of December, 2005 entitled "A By -law Respecting The Plumbing Trade and Master Plumbers" and all amendments thereto are repealed on the coming into force of this by -law. a 9(2) Lorsqu'une personne effectue des travaux qui ne correspondent pas a ceux indiques dans le permis delivrd, l'inspecteur plombier, par avis ecrit signifid ou envoye par courrier recommande a la personne nommee dans le permis, indique la nature de la violation et en ordonne la cessation dans un delai raisonnable. 9(3) Le defaut de se conformer a 1'ordonnance vise au paragraphe (2) peat entrainer la suspension ou la revocation du permis par Pinspecteur plombier, qui peut le rdtablir si la situation a 1'origine de la violation est ulterieurement corrigee. Inspecteur PIombier Municipal 10 Le conseil communal nomme par resolution un inspecteur plombier et peut nommer un ou plusieurs inspecteurs plombiers adjoints. Abrogation 11 L'arretd de The City of Saint John ddictd le 19' jour de decembre 2005 intitule « Arrete concernant le metier de plombier et les maitres plombiers», ensemble ses modifications, est abroge des 1'entr6e en vigueur du prdsent arretd. 239 -10- IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this By -law the day of , A.D. 2012 and signed by: Mayor/Maire EN FOi DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2012, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - March 26, 2012 Premiere lecture Second Reading - March 26, 2012 Deuxieme lecture Third Reading - Troisieme lecture 240 - le 26 mars 2012 - le 26 mars 2012 City Hall P.O. Box 1971 15 Market Square Saint John New Brunswick Canada E2L 4L1 4/4/2012 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council .m -,` City of Saint john Motion: The City of Saint John procedural bylaw be changed so that the Mayor (or chair if the Mayor is absent) only votes in the case of a tie vote of council. While the position of mayor is sometimes described as "the first among equals" he or she sits in the unenviable position of having to represent the will of council no matter what his or her personal thoughts and vote on a given issue. The mayor should not be put in a position of publicly advocating for a position that he /she has publicly and personally not supported. Further, should there be a tie vote of council, then the mayor's vote would carry the motion in the direction that he or she wishes and would therefore be able to advocate for the will of council and their own position on that issue. Respectfully Submitted, (Received via email) Gary Sullivan Councillor, City of Saint John 241 REPORT TO COMMON COUNCIL M & C — 2012 -77 5 April, 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Asphaltic Concrete Mixes BACKGROUND: r71 Each year the City of Saint John calls a tender for the establishment of a supply agreement for the provision of asphaltic concrete mixes to establish a guaranteed source of supply. This product is employed by the Municipal Operations Dept. for a variety of tasks, including asphalt restoration of water cuts, roadway and sidewalk repairs and miscellaneous maintenance projects. In 2006 many government agencies adopted an adjustable price formula based on the Ministry of Transportation of Ontario Performance Graded Asphalt Cement Price Index. Given this and the external pressure being brought to bear by the asphalt industry, staff of the City of Saint John also adopted this approach for contract pricing in 2009 and have continue to use this approach thereafter. The following is a brief overview of the price index formula created by the Ontario Ministry of Transportation and subsequently included in the tender call documents. MTO Performance Graded Asphalt Cement Price Index: A payment adjustment for the change in price between the time the tender opening for the contract and the time of order of the asphalt concrete will apply to the quantity of asphalt cement /binder and will be calculated as follows if the price index between the two (2) months differs by more than 5% 242 PAGE TWO BACKGROUND CONT'D: MTO Performance Graded Asphalt Cement Price Index Cont'd: PA = Payment adjustment for asphalt cement / binder in dollars T = PG asphalt cement/binder price index for the month of tender opening P = PG asphalt cement/binder price index for the month of paving Q = Quantity of asphalt cement/binder in tonnes When P > 1.05 T, the Contractor receives additional payment as follows: PA = (P — 1.05T) x Q When P < 0.95 T, the Owner receives a credit as follows: PA = (0.95T — P) x Q ANALYSIS: There are traditionally three seasons for asphalt, the normal construction season when production is high and product is readily available and the pre and post construction seasons when production is low and higher costs are incurred to produce the product. Bidders are asked to quote a price for the pre- season, another price for the construction season and a third price for the post season. Three suppliers responded to the City's tender call by submitting bids. Staff of Municipal Operations and Materials Management have reviewed the tenders received and have found them all to be complete in every regard. A summary is enclosed for Council's consideration. Recommendation for award is consistent with past practices, i.e.; on the total cost, based on unit prices and estimated quantities, for each season. FINANCIAL IMPLICATIONS: The total estimated cost of this supply agreement, for the 2012 season, and using estimated quantities based on the estimated usage and if awarded as recommended, will be approximately $429,119 plus HST. It is understood that this is not a firm, fixed cost, as quantities are based on previous year's estimates that are subject to change given available funding and as a result of the incorporation of the MTO Price Index. This is a planned expenditure and as such, funds to cover the cost are included in both the 2012 Operating and Capital Budgets. 243 PAGE THREE RECOMMENDATION: It is recommended that the tender for the supply of asphaltic concrete mixes be awarded to NRB Construction Company Ltd., for the supply of all items required for all three 2012 asphalt seasons, the entire period being approximately April 9th through Dec 141h Respectfully submitted, / /4 01 9� Cindy Calvin Gregory Yeomans Acting Manager - Materials Management Commissioner of Finance Patrick Woods City Manager 244 City of Saint John Tender 2012- 561002T ASPHALTIC CONCRETE MIXES Tender Opening: 2:30 P.M., Wednesday, March 28, 2012 2" d Floor Boardroom, 175 Rothesay Avenue Summary DESCRIPTION NRB CONSTRUCTION CLASSIC CONSTRUCTION DEBLY ENTERPRISES 2011 PRICING Non - Superpave, previous grade Before Season Construction Season After Season PER TONNE Before Season* Const Season* After Season* Before Season Const Season After Season Before Season Const Season After Season Superpave 19.5mm $70.00 $60.00 $70.00 $92.00 $82.00 $92.00 $130.00 $64.50 $130.00 $78.00 $70.00 $70.00 Superpave 9.5mm $75.00 $67.00 $72.00 $103.15 $93.15 $103.15 $130.00 $73.00 $130.00 $81.60 $70.00 $70.00 Superpave 4.75mm $82.00 $70.00 $75.00 $110.70 $100.70 $110.70 $160.00 $74.00 $160.00 $91.25 $74.00 $74.00 Estimated Total $54,578* $343,500* $31,040* $74,375 $481,535 $44,625 $98,984 $371,050 $59,390 ( *) Indicates Recommendation �zlei REPORT TO COMMON COUNCIL M & C — 2012 -81 5 April 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: r7l SUBJECT: Tender 2012- 084901T — Reinstatement of Utility Cuts — Asphalt BACKGROUND: Tenders were called for the reinstatement of cuts made in asphalt sections of roadway, curb, and sidewalk over the winter period by Saint John Water crews doing emergency repairs on underground water and sewer infrastructure. Milling and sealing was also included in the tenders. This is an annual activity to make permanent repairs to cuts which were temporarily reinstated with cold mix or granular material during the winter period. This work consists generally of the supply of all necessary labour, materials and equipment for the reinstatement of approximately 13,000 square metres of asphalt roadway, 1,000 square metres of asphalt sidewalk, 60 linear metres of asphalt curb, and 7,000 square metres of milling and sealing using the methods established in the Municipal Operations General Specifications. Tendering this work will allow City forces to focus their efforts on repairing potholes and other street deficiencies that have become more prominent during the winter and spring freeze and thaw cycle. ANALYSIS: Tenders closed on April 4, 2012 with three companies submitting bids. Staffs of Materials Management and Municipal Operations have reviewed the bid submissions and have found them all to be complete in every regard. 246 Page Two ANALYSIS CONT'D... The bids received were as follows: Debly Enterprises Limited $991,800 Classic Construction Ltd. $875,570 NRB Construction Ltd. $1,219,400 Above amounts are exclusive of taxes FINANCIAL IMPLICATIONS: This is a planned expenditure and as such funds to cover the cost are included in Saint John Water's 2012 Operating Budget and Municipal Operation's 2012 Maintenance Budget. RECOMMENDATION: It is recommended that tender 2012 - 084901 T: Reinstatement of Utility Cuts — Asphalt Work, be awarded to the low bidder meeting all tender requirements, Classic Construction Ltd., at the tendered price of $875,570.00 plus HST, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, 0 fmo- Cindy Calvin Gregory Yeomans Acting Manager - Materials Management Commissioner of Finance Patrick Woods City Manager 247 REPORT TO COMMON COUNCIL M &C 2012 -80 April 4, 2012 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT Lord Beaverbrook Arena — Feasibility of Expansion to Olympic Sized Ice Surface BACKGROUND The City of Saint john In October 2010, the Leisure Services Advisory Board (LSAB) submitted a letter to Common Council outlining their support for evaluating the feasibility of an expansion of the ice surface of the Lord Beaverbrook Arena (LBR) to Olympic specifications. At the October 25, 2010 meeting of Common Council, it was resolved that this letter be referred to budget deliberations. Consequently, $50,000 was approved by Common Council as part of the 2011 Capital Budget to evaluate the feasibility of an expansion of the ice surface to Olympic specifications. In 2011 and into 2012, an intensive structural review of the Lord Beaverbrook Arena (LBR) was completed to evaluate the feasibility of an expansion of the ice surface to Olympic specifications. This assessment consisted of a review of the as -built drawings; review of reinforcing steel drawings; various site reviews to observe and record existing conditions; limited non - destructive testing to confirm the existing construction, specifically the reinforcing steel placement in structural concrete members; and completion of a limited structural analysis. This review was to be the first phase of a multi - phased evaluation which was also to include a review of architectural, mechanical, and electrical aspects of the proposed project if it was so determined that the feasibility, from a structural standpoint, was within reason. ANALYSIS R.A. Lawrence Engineering Ltd. performed the structural review and analysis required to evaluate the feasibility of retrofitting the existing structure to accommodate the expansion of the ice surface to Olympic specifications. In general terms, to expand the ice surface, the ice slab would have to be expanded both westward and northward. This expansion would require structural, architectural, mechanical, and electrical modifications as described in further detail below. Again, only the structural aspects have been analyzed in detail at this point. The structural review and analysis revealed the following major concerns: ■ The building is supported on timber piles; ■ Concrete beams supporting the ice slab have inadequate structural capacity to support additional loads; ■ Many of the existing concrete structural elements have been cast as integral units, including the slab and beams. Partial demolition of these members, which would be required, will dramatically reduce their structural integrity. This is a critical concern; .• Report to Common Council Page 2 of 3 Lord Beaverbrook Arena - Feasibility of Expansion to Olympic Sized Ice Surface • The existing construction of the concrete beams and pile caps will not permit adequate load transfer if reinforced to deal with their structural inadequacy; • Physical constraints make reinforcement of various concrete members with steel members extremely difficult; and • The existing concrete beams and slabs are not adequate to support heavy construction equipment and /or cranes. Various modifications could be designed to address some of the concerns noted above. Further investigation and destructive testing would have to be completed to develop a solution to be able to demolish the existing slabs that are integral with the beams without compromising their structural integrity. The constructability would also have to be evaluated further because of the limitations for equipment access and use. In addition to the structural concerns noted above, based on a brief review of the existing conditions, expansion of the ice surface would also require: ■ Removal of several (if not more) rows of seating on the west side of the arena adjacent to the ice surface, including structural modifications; ■ Installation of additional dasher boards (i.e. Olympic ice surface larger than conventional surface); ■ Extension of existing refrigeration header and in -slab piping; ■ Installation of additional compressor(s); ■ Modification to, and possibly an upgrade to the existing electrical service; ■ Major alterations to the existing ramp and area provided for the Zamboni; and ■ Relocation of existing equipment in the compressor room, and likely major alterations to this room to accommodate the relocation and addition of equipment. As mentioned above, architectural, mechanical, and electrical aspects of the proposed project have not been reviewed in any significant amount of detail and the above is only to provide a general overview of what might be expected. FINANCIAL CONSIDERATIONS As previously mentioned, various modifications could be designed to address the concerns noted in the Analysis section of this report. Assuming a solution could be determined for demolition of the existing slabs that are integral with the beams without compromising their structural integrity, it is anticipated that costs to address structural concerns noted above would be in excess of $1,500,000. It is important to note that this is a rough order of magnitude cost, which would have to be reviewed in much greater detail if further analysis were to be completed. In addition to the costs associated with the structural modifications, there would be significant costs associated with architectural, mechanical, and electrical requirements that would result from this project. All considered, it would not be unreasonable to assume that total costs could potentially reach $3,000,000 to $3,500,000 to realize expansion of the ice surface to meet Olympic specifications. To date, over $15,000 has been spent on the investigation and analysis of this proposed project. It is important to note that over $500,000 was spent in 2009 to replace the ice slab and brine piping at this facility due to failure of sections of the piping resulting in leaks. In addition, over the next 5 -10 years, capital investment will be required to sustain the building's expected useful life given that the building is over 50 years old and major building systems are approaching or have reached their expected useful life (e.g. roof, exterior elements, etc.). The same is true for other City -owned arenas. 249 Report to Common Council Page 3 of 3 Lord Beaverbrook Arena - Feasibility of Expansion to Olympic Sized Ice Surface Significant investment will be required within the next 5 -10 years to realize the expected useful life of these facilities. This figure is estimated to be in the range of $7,500,000 for the four (4) arenas (i.e. Peter Murray, Hilton Belyea, Charles Gorman, and Stu Hurley) to undertake the necessary capital renewal requirements. This broader picture should be a consideration when available capital dollars are allocated, both short and long term. INPUT FROM OTHER SOURCES Staff from Leisure Services as well as members of the Leisure Services Advisory Board was involved in various meetings and discussions during the completion of this review and analysis. RECOMMENDATION Given the anticipated magnitude of the potential capital costs associated with this proposed project, staff does not recommend taking steps to further evaluate the feasibility of the expansion of the ice surface to Olympic specifications, unless a compelling business case can be developed to support these expenditures. Your City Manager recommends that staff be directed to discontinue further evaluation of the feasibility of an expansion of the ice surface of the Lord Beaverbrook Arena (LBR) to Olympic specifications. Respectfully submitted, Trevor L Gamblin, M.Sc.E., P.Eng. Manager, Facility Management Amy Poffenroth, P.Eng., MBA Deputy Commissioner Patrick Woods, CGA City Manager 250 REPORT TO COMMON COUNCIL April 4, 2012 M &C2012 -76 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: TRAFFIC CALMING POLICY BACKGROUND The City of Saint John Many Canadian municipalities have a policy that defines how and where neighbourhood concerns of high vehicle speed or volume are addressed. The City of Saint John currently has no such policy. Staff is recommending Council adopt a Traffic Calming Policy (Policy) for the City, being attached to this report. Since early 2008, over 80 citizen requests to reduce vehicle speed or volume have been received by the City. Requests are city wide and range from major thoroughfares to neighbourhood streets. This high level of interest by citizens makes it clear that Saint John requires a Policy that is identified within the Municipal Plan as Policy TM -43. Three comprehensive Traffic Calming Plans (Plan) have been implemented in recent years. Speed humps and a reduced speed limit on Heather Way were implemented in 2009. Speed humps, increased signage, more durable crosswalk markings, and a more defined School Zone were placed on Simpson Drive between 2010 and 2011. Street Narrowing was included in the reconstruction at the entrance to Rockwood Park. Experience from these projects was valuable in staff s development of a Policy. ANALYSIS Staff reviewed traffic industry best practice documents such as the "Canadian Guide to Neighbourhood Traffic Calming "; a document completed in partnership between the Transportation Association of Canada (TAC) and the Institute of Transportation Engineers (ITE) and policies from 11 Canadian municipalities towards developing a made for Saint John solution grounded by best practices. The attached Policy is organized chronologically as it would be followed for every Plan requested for a neigbourhood; 0 The Introduction discusses the need for a balance between different uses of City streets. 251 M &C2012 -76 Page 2 • The Policy goal, objectives and guiding principle, described on pages 3 and 4, are grounded in fairness and equity, and for achievement of real results. • Proactive observance of sound transportation and land development planning are described on page 5. This step is key to avoiding some concerns of high vehicle speed or volume instead of reacting to them after they develop. • Page 5 identifies ways in which a Plan may be requested and describes the four ways such a plan can be triggered. • Measured evidence of vehicle speed or volume problems should support concerns expressed by a neighbourhood. Streets are designed to have appropriate speed limits and daily traffic volumes and mitigating measures should only be used where there is evidence that these limits are exceeded. • Page 6 describes three criteria, where one must be satisfied for a Plan to be continued. Most policies of other municipalities include similar criteria. The third criterion considers lower thresholds for those "Local" classified Saint John streets with no sidewalks. • Prioritizing each Plan based on a clear and objective weighting system (page 7) is crucial considering an average of 20 requests per year currently exceeds the capacity of the City's Pedestrian & Traffic Management Service to implement them (approximately 3 per year). • Pages 7 and 8 describe the timing of development and completion of a Plan that can be influenced by factors such as the Plans' priority ratings, funding options, timing of planned Capital projects or alignment with Neighbourhood Plans. • Physical changes to streets are proven to be the most effective means of slowing down vehicle traffic. Speed Humps, Raised Crosswalks, Street Narrowing, Traffic Circles, Roundabouts, and Directional Closures are examples of physical traffic calming measures described on Pages 8 through 12 in the proposed Policy. Other complimentary non - physical measures such as land use planning, transportation network planning, painted white or yellow lines, a change in the posted speed limit, speed display signs, school zone signs, brighter crosswalk signs, pedestrian signals or full traffic signals may be included in such Plans. The role of Police in enforcing speed limits is also recognized, but like every service, resource levels will dictate when presence is possible. • The appropriate uses of Multi -Way Stop signs are clarified on page 12. The Manual of Uniform Traffic Control Devices for Canada, a TAC manual, provides a number of criteria based on vehicle volumes, pedestrian volumes, accident history and delay to vehicle traffic to indicate where these control devices should be placed. The Manual clearly states that Stop signs are intended for control of Right -of -Way and not to control speed. There are numerous studies of their ineffectiveness at controlling speed. The attached Policy indicates that Multi -Way Stop intersections will not be considered as a solution to a vehicle traffic speed problem but can be considered beneficial to solve other operational problems. The City currently has an inventory of 37 Multi -Way Stop intersections. • Input from the Emergency and Transit Services is to be gathered and a neighbourhood meeting is to be held with each Plan as described on page 12 and 13. 252 M &C2012 -76 Page 3 • In some situations where the Plan is outside scope of the City's Pedestrian & Traffic Management Service operating budget or where coordination with a Neighbourhood Plan is required, Common Council would need to consider approving specific funding for individual Plans. The Policy is independent of specific funding levels so that it can remain applicable when the community's investment in a Plan changes. • Performance measurement targets for continued improvement and a mechanism to amend the Policy are described on pages 13 and 14. Currently, the City cannot post and Police cannot enforce speed limits below 50 KM/H. In some instances, a speed limit of 40 KM /H is more appropriate on a neighbourhood street or 30 KM /H is more appropriate on some shorter and narrow dead -end streets based on staff judgment using a TAC guideline. Staff recommends amendments to the City's Traffic By -Law by adding subsections 3 and 4 to section 18 and adding Schedule M -3 (30 KM/H Speed Limits) and Schedule M -4 (40 KM /H Speed Limits). Council would then be requested to consider staff recommendations for streets to have this reduced posted speed limit on a case -by -case basis through subsequent Traffic By -Law amendments. In 2007 the Province of New Brunswick amended its Motor Vehicle Act to allow issued fines for speeding in a clearly marked School Zone between the hours of 7:30 a.m. and 4:00 p.m. to be doubled. This change seeks to discourage speeding in School Zones where there are young children. City staff has been defining and posting appropriate signs to mark School Zones using TAC guidelines. These zones must be listed in the City's Traffic By -Law to assist issuance of these higher fines by Police. Staff recommends amending Section 23 and adding Schedule S (School Zones) and S -1 (School Zones having a 40 km/h rate of speed) to permit a reduced speed limit for the School Zone. Council would be requested to consider staff recommendations for streets to be considered as School Zones and which of those would have this reduced posted speed limit on a case -by -case basis through subsequent Traffic By -Law amendments. Input from Others Staff sought input regarding this Policy from a total of 29 neighbourhood and community groups. Meetings were held on November 29, 2011 (attended by 5 groups), November 30, 2011 (Crescent Valley) and January 19, 2012 (attended by 7 groups). Several suggestions made during these meetings were considered and incorporated into the final draft of the Policy. As this Policy impacts internal stakeholders including the Fire Department, Saint John Police Force, City Solicitor's Office, Department of Planning & Development, Leisure Services Department and external stakeholders including Ambulance New Brunswick and Saint John Transit, consultations were completed and all were generally supportive of the proposed Policy. Input was considered and incorporated into the final draft of the Policy. 253 M &C2012 -76 Page 4 FINANCIAL IMPLICATIONS The cost to implement individual Traffic Calming Plans will vary depending upon the measures being considered in each Plan. For perspective, TAC's "Canadian Guide to Neighbourhood Traffic Calming" reports that (in 1998 dollars) a raised crosswalk costs $2,000 - $10,000, a speed hump costs $1,000 to $5,000, and a traffic circle costs $5,000 to $30,000. Each sign costs $150- $200 to install with speed display signs costing much more. Maintenance and replacement costs of all these assets would be additional. RECOMMENDATIONS Staff recommends that Common Council: 1. Adopt the attached "City of Saint John Traffic Calming Policy" as policy, 2. Refer the following Traffic By -Law amendments to the City Solicitor to be placed in proper form and translate for Council's consideration: a. Add a subsection 3 to Section 18 and add Schedule M -3 (30 KM/H Speed Limits) to permit Council to consider defining 30 KM /H speed limit zones in the future, b. Add a subsection 4 to Section 18 and add Schedule M -4 (40 KM /H Speed Limits) to permit Council to consider defining 40 KM/H speed limit zones in the future, and c. Amend Section 23 and add Schedule S (School Zones) and S -1 (School Zones having a 40 km/h rate of speed) to permit Council to consider defining School Zones and 40 km/h speed limits in certain School Zones in the future, and Respectfully submitted, Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer Manager, Pedestrian & Traffic Services �Vlw- Wm. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner, City Manager Transportation and Environment Services 254 IN T l HN CITY OF SAINT JOHN TRAFFIC CALMING POLICY VERSION: Pedestrians, Cyclists and Motor 1.0 255 CITY OF SAINTJOHN - TRAFFIC CALMING POLICY April 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" CONTENTS INTRODUCTION............................................................................................................... ..............................3 POLICYGOAL ................................................. ............................... ...........3 ....................... ............................... POLICYOBJECTIVES ......................................................................................................... ..............................3 GUIDINGPRINCIPLE ......................................................................................................... ..............................4 TRAFFIC CALMING PLAN IMPLEMENTATION PROCESS ................................................... ..............................4 FULFILL COMMUNITY'S EXPECTATION OF A BALANCED USE OF CITY STREETS .............. ..............................5 FOLLOW TRAFFIC CALMING POLICY ................................................................................ ..............................5 IMPLEMENT PROACTIVE TRANSPORTATION PLANNING ................................................ ..............................5 TRIGGER OPPORTUNITY FOR POTENTIAL TRAFFIC CALMING PLAN ............................... ..............................5 MEASURE TRAFFIC SPEED AND /OR VOLUME ................................................................. ..............................5 PRIORITIZE TRAFFIC CALMING PLAN ............................................................................... ..............................6 IDENTIFY TIMING OF PLAN DEVELOPMENT .................................................................... ..............................7 DEVELOP TRAFFIC CALMING MEASURES ........................................................................ ..............................8 SEEK INPUT FROM EMERGENCY AND TRANSIT SERVICES .............................................. .............................12 CONDUCT NEIGHBOURHOOD MEETING ........................................................................ .............................12 REFINE PLAN WITH NEIGHBOURHOOD INPUT ............................................................... .............................13 COMMON COUNCIL CONSIDERS APPROVAL OF PLAN WHERE REQUIRED .................... .............................13 IMPLEMENTPLAN .......................................................................................................... .............................13 MEASURE PERFORMANCE OF PLAN ............................................................................... .............................13 UPDATE TRAFFIC CALMING POLICY ................................................................................ .............................14 Page 2 of 14 256 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY April 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" INTRODUCTION Neighbourhood streets attempt to serve two roles. Firstly, these are used to move vehicle traffic to and from homes. Some streets are designated as Arterial or Collector streets and are meant to move larger volumes of vehicle traffic, sometimes at the expense of separating a neighbourhood. Other streets designated as Local carry fewer vehicles. Secondly, many streets are integral parts of a neighbourhood, used by children and families for cycling, walking and other community activities. Although these two street functions can sometimes conflict, ultimately both must be satisfied. To this end, special steps may sometimes need to be taken to regain an appropriate balance through an overall City of Saint John Traffic Calming Policy and a specific Traffic Calming Plan for a neighbourhood. Traffic Calming, as defined by the Institute of Transportation Engineers, is "the combination of mainly physical measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non - motorized street users." POLICY GOAL The goal of this Traffic Calming Policy is to reduce vehicular traffic speed on City streets to within the posted speed limit and /or reduce vehicle traffic volume on a Local street to 1000 vehicles per day or less to improve community and road users' safety. POLICY OBJECTIVES The goal of this Traffic Calming Policy is supported with the following objectives: 1. Consider a Traffic Calming Plan when there is measured evidence of excessive vehicle speed, traffic volumes higher than levels typically acceptable for a neighbourhood street, or in combination with potential conflict between pedestrians and motorists. 2. Prioritize implementation of Traffic Calming Plans via criteria identified herein by recognizing that demand for such plans could exceed available resources, 3. Coordinate implementation of Traffic Calming Plans in conjunction with the Neighbourhood Planning process established in PlanSJ or pre - planned Capital projects where possible, 4. Ensure input on a Traffic Calming Plan is received from the neighbourhood as a whole, 5. Obtain input on a Traffic Calming Plan from Saint John Transit and the three Emergency Services, 6. Use sound engineering judgment and industry best practices, such as the Transportation Association of Canada's "Canadian Guide to Neighbourhood Traffic Calming" (TAC's Guide) in developing Traffic Calming Measures (described later in document) to be included as part of an overall Plan, Page 3 of 14 257 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY April 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" 7. Install Multi -Way Stop intersections where there are collision problems or traffic flow improvement opportunities and where the installation of the multi -way stop is warranted based on sound engineering criteria and judgment but not as a solution to a traffic speed problem, and 8. Evaluate the performance of implemented Traffic Calming measures to continuously improve the Policy and future Plans. GUIDING PRINCIPLE All neighbourhoods that request Traffic Calming Plans shall be treated fairly, equitably and transparently through a consistently applied Traffic Calming Policy. TRAFFIC CALMING PLAN IMPLEMENTATION PROCESS Each Traffic Calming Plan will follow the same process: t] 12 Follow Traffic Proactive Calming Policy M Transportation R1 4 Plan Prioritize 10 _,___.__ Requested Plan Im 12 Neighbourhood ® Neighbourhood 4 Performance of __ The remainder of this Policy document describes each step in this process. Page 4 of 14 258 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" April 2012 FULFILL COMMUNITY'S EXPECTATION OF A BALANCED USE OF CITY STREETS Through this Policy and the investigation and development of each Traffic Calming Plan, the community's expectation and understanding of a balanced use of City streets is respected. FOLLOW TRAFFIC CALMING POLICY As such, when there is a concern of higher than desirable vehicle traffic speed or volume on a street, or a concern about potential conflict between pedestrians and motorists, this Traffic Calming Policy provides a consistent and equitable avenue to investigate such a concern and mitigate it if required. IMPLEMENT PROACTIVE TRANSPORTATION PLANNING The most effective means of Traffic Calming is a proactive approach when a residential or other development is in its initial planning stages. Potential vehicle traffic speed or volume issues can be prevented before subdivisions and neighbourhoods are constructed through effective planning and design. A Municipal Plan that identifies the strong inter - relationship between land development and the transportation network is key in this regard. To that end: It is vital and considered policy that potential vehicle traffic speed or volume issues are considered and mitigated during the planning stage of a residential or other development. TRIGGER OPPORTUNITY FOR POTENTIAL TRAFFIC CALMING PLAN At times, proactive land development planning cannot go far enough, resulting in a potential need for a Traffic Calming Plan. An opportunity for such a Plan can be triggered in one of four ways, with each opportunity documented in the City's Work Request system: 1. Request from citizen(s) of a neighbourhood, 2. Inclusion within an overall Neighbourhood Plan resulting from the City's Municipal Plan (PlanSJ), 3. Inclusion within a planned Capital project, or 4. Request from the Saint John Police Force. MEASURE TRAFFIC SPEED AND /OR VOLUME Regardless of the means by which a potential Traffic Calming Plan is triggered, measured evidence of high speed and /or volume is required to justify the investment of resources required to develop and implement a Traffic Calming Plan. Streets are designed to carry an appropriate volume of vehicle traffic and those vehicles are permitted to drive up to (but not over) the posted speed limit. Investing resources where there is no measured problem impedes finding solutions where real problems exist. Page 5 of 14 259 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY April 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" A traffic survey, using specialized equipment to measure speed and /or volume of the vehicle traffic, shall be completed on behalf of the Traffic Engineer. The results of this survey shall be analyzed and one of the three following criteria must be satisfied: Where the neighbourhood is concerned about the speed of vehicle traffic, the average speed of vehicles must be equal to or greater than 2 KM /H below the current or appropriate' posted speed limit for the Plan to be considered further. Where the neighbourhood is concerned about the volume of vehicle traffic on a Local street, there must be more than an average of 1000 vehicles per day counted over the length of the traffic survey for the Plan to be considered further. Traffic Calming Plans will not be considered on Collector or Arterial streets when the concern is vehicle traffic volume as such streets are expected to service higher volumes, including through traffic. Where the neighbourhood is concerned about conflicts between vehicles and pedestrians, there must be no sidewalks on the street, the street must be classified as Local and either (1) the average speed of vehicles must be equal to or greater than 5 KM /H below the current or appropriate posted speed or (2) there must be more than an average of 500 vehicles per day counted over the length of the traffic survey for the Plan to be considered further. The requesting citizen, Planning Staff (in the case of a Neighbourhood Plan), Capital project coordinator or Police Force (depending upon the means by which the potential opportunity was triggered) shall be notified of the results of the survey and whether the results indicate the Plan would continue to the next phase in this process based on the above criteria. PRIORITIZE TRAFFIC CALMING PLAN The number of Traffic Calming Plans that are warranted to reduce higher than desirable vehicle traffic speed and /or volume is often greater than the number that can be designed and implemented within one year based on existing resources. Criteria are to be used to prioritize each Plan so that the most critical Plans get implemented first. The criteria and point system on the following page are used to weigh and prioritize the list of outstanding Plans: 1 As determined by the Traffic Engineer, the suitability of the posted speed limit on a street may be reviewed when the concern is vehicle speed. TAC's "Canadian Guide for Establishing Posted Speed Limits" will be referenced in these instances to determine if a more appropriate (than currently posted) speed limit is warranted. In cases where such a review results in a recommended change to the posted speed limit, the new appropriate speed limit will be referenced in the place of the currently posted speed limit against the actual surveyed speeds. The new speed limit will be considered as part of the Traffic Calming Plan and would result in a staff - recommended amendment to the Traffic By -Law (to be considered by Common Council). A review of the speed limit is intensive in the traffic engineering resources required to complete the assessment, and therefore this analysis will occur at the discretion of the Traffic Engineer. Page 6 of 14 260 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" April 2012 CRITERIA WEIGHTING Street is within a Neighbourhood Intensification Area, as defined within the Municipal Plan 0 or 1 Street has no sidewalks physically separating pedestrians from vehicles 0 or 1 Stopping sight distance for motorist's view of pedestrians at marked or unmarked crosswalks can be brought within acceptable levels at the posted speed limit 0 or 1 Street has no painted bike lanes or separated bike trails separating cyclists from vehicles 0 or 1 Street is within 500 m walking distance from a daycare, pre - school, elementary school or middle school 0 or 2 Street is within 500 m walking distance from a park, place of worship, hospital, or community centre 0 or 2 Average speed of vehicles measured is equal to or greater than 5 km /h over the speed limit during the traffic survey 0 or 1 Over 1500 vehicles per day are counted on a local street during the traffic survey 0 or 1 TOTAL /10 IDENTIFY TIMING OF PLAN DEVELOPMENT The timing of development of a Traffic Calming Plan will be influenced by its Priority relative to other Plans, a neighbourhood's willingness to fund the Traffic Calming project, timing of a planned Capital project or timing of an overall Neighbourhood Plan through PlanSJ. A neighbourhood group can, at their expense, engage an engineering consultant to develop a Traffic Calming Plan based on this Policy. The Traffic and City Engineer shall consider this option in context of this Policy if this avenue was chosen by a neighbourhood group. A Traffic Calming Plan on a street planned for reconstruction within a Capital project will be developed and implemented as the Capital project timeline unfolds. Page 7 of 14 261 CiTY OF SAINT JOHN - TRAFFIC CALMING POLICY "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" April 2012 A Traffic Calming Plan included within an area encompassing a future Neighbourhood Plan requires coordination with the PlanSJ team: if development of a Traffic Calming Plan is anticipated to be within 10 years of planned completion of a larger Neighbourhood Plan, a Short Term Phase and a Long Term Phase of the Traffic Calming Plan shall be developed. The Short Term Phase of the Traffic Calming Plan with minor and less costly investments shall be developed and implemented in a time dictated by the Plan's Priority relative to other Traffic Calming Plans or by a neighbourhood group's willingness to pay. The Long Term Phase with more significant investment shall be developed and implemented in coordination with the completion of the Neighbourhood Plan. If development of a Traffic Calming Plan is anticipated to not be within 10 years of planned completion of a larger Neighbourhood Plan, the entire Traffic Calming Plan (Short and /or Long Term Phases) shall be developed and implemented in a time dictated by the Plan's Priority relative to other Traffic Calming Plans or by a neighbourhood group's willingness to pay. In all other cases, Traffic Calming Plans shall be developed and implemented in a time dictated by the Plan's Priority relative to other Traffic Calming Plans. DEVELOP TRAFFIC CALMING MEASURES When it is time to develop the Traffic Calming Plan, street - specific Traffic Calming Measures will be developed by the Traffic Engineer, Capital Engineering (in the case of a pre - planned Capital project), or an engineering consultant engaged by a neighbourhood group. Measures used will be unique to the differing issues of each neighbourhood. Given the documented effectiveness, physical traffic calming measures will be incorporated into most Traffic Calming Plans, with support of other steps such as signage enhancements. Although a wide range of physical and other measures are available, including those detailed in TAC's Guide, the following will be generally given consideration first: Speed Limit Enforcement The Police Force enforces speed limits and other traffic regulations. Enforcement along busier arterial streets is typically given priority, limiting availability of resources on neighbourhood streets. Speed limit enforcement is considered a short term solution. Land Use Planning In some instances vehicles generated by a land use near a Opportunities neighbourhood street will influence characteristics of traffic on the street. Collaboration with City Planners to identify opportunities to modify land use will occur in these instances. Page 8 of 14 262 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY April 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" Transportation System Excessive volume of cut - through traffic on neighbourhood Improvements streets may be diverted back onto arterial or collector streets if motorists percieve the alternative as being a shorter -route option through improvements to traffic flow. Speed Humps Speed humps are similar to speed bumps but are wider for speeds expected on a street and can effectively reduce vehicle speed. These cause a vehicle to rise and fall over a portion of a street giving a sense of speed to the motorist when travelling too fast. Variations of the speed hump are possible depending on street type and situations where emergency vehicle speed should not be negatively impacted. Raised Crosswalk Raised crosswalks are similar to speed humps, but are located at crosswalks to both slow vehicle speed and to enhance the visibility of pedestrians to motorists. Street Narrowing Narrowing a street puts roadside features such as curbing, sidewalks, trees, etc. as well as vehicles approaching from the other direction closer to a Traffic Circle or Roundabout motorist, causing a motorist to perceive less lateral room to travel and thus to slow down. This measure can be costly. Traffic Circles and Roundabouts are circular street intersections where vehicles travel counter- clockwise through them until reaching the street they intend to travel. They can improve traffic flow and safety at an intersection. They force vehicles to slow down as they navigate around the circle. Traffic circles, being smaller, can be retrofit into an existing intersection, can be less expensive but both are considerably more expensive than most other options. 263 Page 9 of 14 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" Painted White /Yellow Lines Directional Closure Painting white or yellow lines on a street is an economical alternative to street narrowing. White lines adjacent to the edge of the street and /or a yellow line along its centre create narrowed vehicle travel lanes. The space between the street edge and the white line can also be a bike lane where such facilities are deemed appropriate. April 2012 A directional closure involves converting a street from 2 -way to one -way traffic, often with physical changes to one end of the street. This measure is used to reduce vehicle volume. Change to Posted Speed Limit Speed limits should reflect the physical characteristics of the street and potential use by other users such as cyclists or pedestrians. The posted speed limit will be reviewed in some cases using TAC's "Canadian Guide for Establishing Posted Speed Limits ". Common Council would be asked to consider staff recommended changes on a case -by -case basis. Amendment to the Traffic By -Law is required — to add subsections 3 and 4 to section 18 and to add Schedule M -3 (30 KM /H Speed Limits) and M -4 (40 KM /H Speed Limits) - as some local streets warrant a 30 KM /H or 40 KM /H posted speed limit as opposed to existing 50 KM /H or higher limits. Speed Display Signs Electronic signs that measure and display vehicle speeds provide a visual cue to motorists (to compliment their own speedometer) when travelling over the posted speed limit. These signs could be temporary or permanent, but are costly. 264 Page 10 of 14 CITY OFSAINTJOHN - TRAFFIC CALMING POLICY April 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" School Zone Signs In 2007 the Province of New Brunswick amended its Motor Vehicle Act to allow issued fines • for speeding in a clearly marked School Zone between the hours of 7:30 a.m. and 4:00 p.m. to be doubled. Within a municipality the speed limit in a School Zone is also 50 KM /H within these times regardless of the posted limit on the street outside the Zone. Such penalties seek to discourage speeding in School Zones where there are young children. A clearly marked School Zone requires florescent yellow -green "School Zone" and "School Zone End" signs. These zones also need to be listed in the City's Traffic By -Law. In appropriate instances a reduced speed limit for the School Zone would also be considered. Common Council would be asked to consider staff recommended changes on a case -by -case basis. TAC has guidelines and will be referenced when establishing the location of School Zones. Amendment to the Traffic By -Law is required — to amend Section 23 and to add Schedule S (School Zones) and S -1 (School Zones having a 40 km /h rate of speed). Brighter Crosswalk Signs Florescent crosswalk signs replace standard signs in school areas and at some busier crosswalks. Such signs may be placed where crosswalks are part of a Traffic Calming Plan only in very limited instances where a heightened awareness of a crosswalk by - -- motorists is required. Pedestrian or Traffic Signals Signals that give clear right -of -way to pedestrians and motorists are suggested in instances outlined by TAC guidelines and may be considered as part of an overall Traffic Calming Plan. 265 Page 11 of 14 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" Multi -Way Stop Intersections Installation of Stop signs at all approaches of an intersection can be effective where there is a history of collisions associated with turning vehicles and where installation of the signs are warranted based on engineering criteria and judgment. Traffic flow improvement is possible in some cases. A different TAC guide provides warrants in these situations. Multi -Way Stop intersections will not be considered as a solution to a vehicle traffic speed problem because of their documented ineffectiveness. April 2012 SEEK INPUT FROM EMERGENCY AND TRANSIT SERVICES Physical traffic calming measures that reduce the speed of vehicle traffic may also reduce the speed and response time of Emergency Service vehicles. Physical measures may also impact Transit vehicles. The proposed Traffic Calming Measures shall be distributed to the Emergency Services (Fire, Police and Ambulance) as well as to Saint John Transit for input with potential changes to the proposed measures made based on input received from these services. Some measures, such as speed humps with open wheel paths for the wider Emergency vehicles, can be considered for example. Ultimately, the overall safety of a neighbourhood needs to be considered by balancing a need to reduce vehicle speed with ensuring Emergency Services can respond to an incident within an acceptable time frame and with operational requirements of Saint John Transit. CONDUCT NEIGHBOURHOOD MEETING A neighbourhood meeting will be chaired jointly by the Traffic Engineer (or his /her designate) and the citizen who raised the original concern (or that person's designate), and be supported by the Saint John Police Force. The primary purposes of this meeting are: 1. To educate the neighbourhood of the Traffic Calming Policy and the benefits and limitations of Traffic Calming plans and measures, 2. Clarify the concerns of the neighbourhood, and 3. Review the intended Traffic Calming Measures with the neighbourhood to ensure they address the concerns where possible and seek support for the intended measures or obtain suggestions for alternate measures. 2 Manual of Uniform Traffic Control Devices for Canada 266 Page 12 of 14 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY April 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" In the case of an approved Capital project, this neighbourhood meeting will be coordinated by the project coordinator as part of a larger project meeting. In the case of a Traffic Calming Plan being developed through funding by a neighbourhood group, the engineering consultant shall coordinate the meeting with the neighbourhood and City's Traffic Engineer. In the case where implementation of a Traffic Calming Plan is within ten years of a proposed Neighbourhood Plan, the discussion of more significant and costly traffic calming measures (Long Term Phase) shall be incorporated into community meetings for the Neighbourhood Plan. REFINE PLAN WITH NEIGHBOURHOOD INPUT The Traffic Engineer, Capital project coordinator, or consultant will consider adjustments to the Traffic Calming plan and /or measures based on the feedback at the Neighbourhood Meeting where possible. COMMON COUNCIL CONSIDERS APPROVAL OF PLAN WHERE REQUIRED Some Traffic Calming Plans, including less costly measures in a Short Term Phase of a Plan, can be implemented within the scope of the Operating budget. In such a case City staff will schedule completion of the Plan. Isolated physical measures such as speed humps, raised crosswalks, and painted lines, as well as posting of speed limit, speed display and School Zone signs are often within the scope of the Operating budget. In other cases, where the Plan for a neighbourhood is outside the scope of the Operating budget, staff will present to Common Council for consideration of approving the plan, including the resources required for implementation of the Plan within a future year Transportation Capital or Operating budget. More costly traffic calming measures (Long Term Phase) to be incorporated into a Neighbourhood Plan will follow the approval process of the Neighbourhood Plan. IMPLEMENT PLAN The Traffic Calming measures are implemented within the neighbourhood when the Plan is approved and /or appropriate level of resources is available. MEASURE PERFORMANCE OF PLAN Measuring the performance of implemented Traffic Calming Plans is key to assuring success and to learn toward continuous improvement of future Plans, as well as for updates to this Traffic Calming Policy. Key Performance Measures to be considered shall include: 1. Comparison of the vehicle traffic speed and /or volume before and after the implementation; and 2. Cost of the design and installation of an implemented Plan. Page 13 of 14 267 CITY OFSAINTJOHN - TRAFFIC CALMING POLICY "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" UPDATE TRAFFIC CALMING POLICY April 2012 This policy is a living document; to be updated periodically, as required through opportunities learned in developing a Traffic Calming Plan or other strategic plans such as implementation of the Municipal Plan or the Transportation Strategic Plan. Such updates will continuously improve this Policy and subsequent Plans. Recommended policy updates will be presented to Common Council for consideration. Page 14 of 14 •: REPORT TO COMMON COUNCIL M &C2012 -78 April 2, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Engagement of Engineering Consultants — 2012 Capital Program PURPOSE OF THIS REPORT R1 The City of Saint John The purpose of this report is to request that Common Council authorize staff to conduct appropriate negotiations for the engagement of engineering consultants to carry out design and construction management services for a number of approved projects in the 2012 Water & Sewerage Utility Fund and General Fund Capital Programs. BACKGROUND On March 18, 2002 (M &C 2002 -87) Common Council approved the direct engagement of Engineering Consultants to carry out design and construction management services for nine specific projects approved under the 2002 Capital Program. This method of direct engagement proved to be an efficient and cost effective method for the hiring of consultants and the process was again utilized in 2003, 2004, 2005, 2006, 2007, 2008, 2009, and 2011. Council approved the direct engagement process for eight, seven, six, thirteen, twenty- eight, twenty -two, forty, and eleven specific projects respectively. There were a number of 2009 consultant engagements with design work that carried over into 2010. Our professional engineering resources are fully tasked, with a very demanding workload. The engagement of engineering consultants now will allow the preliminary design and detailed design work for specific projects to be completed so that construction work can proceed this year. Identified in the description of certain approved 2012 projects is the requirement to hire outside consulting engineering services for design and/or construction management work. The engagement of consultants is, in and of itself, a very involved, time - consuming process. As such, and given the overall workload of available staff, we are proposing for 2012 as we did previously, to hire specific consultants by the direct engagement method. 269 M &C 2012 — 78 April 2, 2012 Page 2 ANALYSIS Typically, the Request for Proposal method requires a period of 7 to 8 weeks for each substantial project. Direct engagement provides the City the opportunity to identify consulting firms best equipped to complete the designs in a timely manner, and significantly reduces the administrative time, which is inherent with traditional call for proposals. The direct engagement process also affords the City staff to fine -tune the details of the engagement in order to achieve the best value for money for the City. For larger engineering projects, such as the design and construction management of the Honeysuckle /Sherbrooke Drainage Basin, staff still recommends that the traditional call for proposal method be utilized. Previous knowledge and specific experience is less of a competitive factor in larger engineering projects. It is therefore appropriate to go to the market for pricing and design approach. Forming part of this report is a table identifying the consultants proposed for specific projects and includes the estimated amount that was approved in the 2012 Capital Program for Engineering Design and/or Construction Management services. CONSULTANT ENGAGEMENTS 270 Estimated amount approved in 2012 Capital Program for Proposed Project Engineering Design and /or Consultant Construction Management Services Harbourview Subdivision Wellhouses $75,000 Dillon Consulting Ltd. Loch Lomond Road/Westmorland Road $250,000 Services Inc. — Water, Sanitary, Storm and Street (fo rmerly ADI (formerly Reconstruction Limited) Somerset Street Reconstruction $290,000 Genivar Chesley Drive 900 mm Water $50,000 Transmission Main Inspection West Raw Water Transmission Main $65,000 (1500 mm) Inspection CBCL Limited Water Transmission Tunnel Inspection - Airport & Robertson Lake $50,000 Milford Sanitary Lift Station "A" $150,000 Frederick Street/Seaton Street Crandall - Water, Storm and Street $125,000 Engineering Ltd. Reconstruction 270 M &C 2012 — 78 April 2, 2012 Page 3 The above consultants have previously carried out design work of a similar nature to proposed work and, in some cases; the work proposed for a consultant is an extension or the next phase of a project they were previously involved with. A table entitled "Consultant Selection Rationale" also forms a part of this report and includes an explanation of the rationale used for matching a consultant with the planned project. Staff have worked with these consultants over a number of years and have confidence in their ability to successfully carry out the work for which they are being recommended. It is proposed that staff be authorized to carry out negotiations with the consultants identified for the projects indicated. Provided an acceptable agreement can be reached with a proposed consultant, a subsequent report will be submitted to Council identifying the negotiated fee for the engineering services required and requesting Council's approval to engage the consulting firm. For continuing projects where the design phase is underway or completed and construction funding is included for 2012, a subsequent report will be submitted to Council requesting that the existing Engineering Agreement be amended to include the construction management component with the consultant. The negotiations would proceed as follows: A detailed scope of work would be developed by staff for each project and, based on that scope of work, the consulting firm would be required to submit their proposed project team, work plan, schedule and a fee to complete all the work identified. Staff would then review their submission and evaluate the proposed fee for the project. Staff would then seek to settle on an acceptable fee with the consultant for submission to Council. Engineering fees to cover the cost of design and construction management generally do not exceed 15 -20% of the total overall project cost, depending on the nature of the project and the engineering services required. The costs incurred by the consultants would be paid in accordance with the terms of the Request for Proposal at the rates submitted and accepted in the Consultants proposal not to exceed the Recommended Minimum Hourly Rates as contained in the Association of Consulting Engineering Companies — New Brunswick fee guidelines. The Construction Management component of the project fee submitted with the Consultants proposal will be based on an estimated construction period. The final fee will be calculated based on the actual construction management period. Should staff be unable to reach an acceptable agreement with the proposed consultant, staff would report back to Council and seek approval to negotiate with an alternative consultant for the project or to implement a public call for proposals. INPUT FROM OTHER SOURCES As was done for the engagement of consultants in 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, and 2011, this 2012 proposal has been reviewed with the Acting Manager of Materials Management and City Solicitor. 271 M &C 2012 — 78 April 2, 2012 Page 4 RECOMMENDATION Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council authorize staff to conduct negotiations for the engagement of engineering consultants to carry out design and construction management services for the 2012 Water & Sewerage Utility Fund and General Fund Capital Programs with the proposed consultants identified in the "Consultant Engagements" outlined in this report. Respectfully submitted, �VX�V- Wm. Edwards, P. Eng. Commissioner, Transportation & Environment J. Patrick Woods, CGA City Manager 272 M &C 2012 — 78 April 2, 2012 Page 5 CONSULTANT SELECTION RATIONALE Project Rationale Harbourview Subdivision Wellhouses In 2010/2011 Dillon Consulting Ltd. carried out detailed design and construction management work for the Ocean Drive Wellhouse and detailed design for the Seaward Crescent Wellhouse in the Harbourview Subdivision. It would be appropriate for Dillon to continue in 2012 with the construction management portion of the Seaward Crescent Wellhouse. Loch Lomond Road/Westmorland Road In 2010/2011 exp Services Inc. (formerly ADI Limited) — Water, Sanitary, Storm and Street carried out design work on the Loch Lomond Reconstruction Road/Westmorland Road — Water, Sanitary, Storm and Street Reconstruction project. It is anticipated that the Province will be completing their portion of the construction work in Bayside Drive /Loch Lomond Road area in 2013. This project is being undertaken by the City in conjunction with the Province of New Brunswick One Mile Interchange Construction project. It would be appropriate for exp to continue in 2012/2013 with the construction management portion of the Loch Lomond Road/Westmorland Road project. Milford Sanitary Lift Station "A" In 2008 Crandall Engineering Ltd., in conjunction with CBCL Limited was awarded the design and construction Frederick Street /Seaton Street management work for the Wastewater Collection - Water, Storm and Street System component of Harbour Clean -Up. This Reconstruction Wastewater Collection System project included the design of the two lift stations in the Milford/Randolph area of the City. The Wastewater Collection System project also included the sanitary collector sewer on Frederick Street and Seaton Street. It would be appropriate for Crandall to complete the design and construction management for Lift Station "A" in Milford as well as the water, storm and street reconstruction components of Frederick Street /Seaton Street. Somerset Street Reconstruction In 2007/2008 Gen ivar Limited (formerly Terrain Group) carried out design and construction management work for the Somerset Street Reconstruction project between Barker Street and Wellesley Avenue. It would be appropriate for Genivar to continue with the design and construction management work in 2012 for the next phase of Somerset Street Reconstruction between Wellesley Avenue and Samuel Davis Drive. 273 M &C 2012 — 78 April 2, 2012 Page 6 Project Rationale Chesley Drive 900 mm Water CBCL Limited has recently completed a comprehensive Transmission Main Inspection two -year study of the City's water system and in June, 2011 submitted the report entitled Water System West Raw Water Transmission Main Improvements - Preliminary Design Report. In addition, (1500 mm) Inspection CBCL has recently completed a preliminary analysis of the West Raw Water System. The three water Water Transmission Tunnel Inspection transmission inspection projects for 2012 would be considered an extension of the work that CBCL has - Airport & Robertson Lake completed. 274 REPORT TO COMMON COUNCIL M &C2012 -74 April 5, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: WATERSHED PROTECTION- FOREST MANAGEMENT PLAN BACKGROUND � I �r, The City of Saint john People must have water to live; good health depends on consuming adequate quantities of safe, clean drinking water. Saint John Water manages it's drinking water service based on the Multi - Barrier Approach from the water source to the user's tap. Drinking water quality must be assured through a series of protective barriers that include: 1. Source (Watershed) Protection 2. Drinking Water Treatment 3. Operations and Maintenance (including staff training, development and staff levels) 4. Monitoring and Alarms (Sampling Plan, SCADA system, and record keeping) 5. Distribution System (residual chlorine, flushing, storage reservoirs, backflow prevention and cross connection control) 6. Emergency Response (contingency plans, boil order responses, safety training, etc.) These barriers are designed to assist in ensuring the delivery of safe drinking water by preventing contamination (from source to tap) from reaching consumers. On January 17, 2011 Council approved a motion by Councillor Farren to have staff investigate the possibility of select cutting of wood on City -owned property. This motion aligns with the goals of Saint John Water's watershed protection that would see the Utility harvest mature and over - mature sections of forest in the watershed to protect against insects, disease, and wildfire. 275 M &C 2012 — 74 April 5, 2012 Page 2 Source (Watershed) Protection The City of Saint John allocates funds in the Utility Capital Program for various watershed protection projects. These projects include land acquisition, construction of facilities to protect watersheds from highway hazards, and the funding for various projects to maintain dams in the watershed. Ownership of the lands within the watershed provides the City with the greatest control over activities within the watershed. Saint John Water, with funds from the Utility Fund Capital Program, has acquired available properties for watershed protection. In the 2012 Utility Fund Capital Program, $200,000 has been allocated for the purchase of available watershed lands. Map of Western Watersheds (Musquash and Spruce Lake) The Spruce Lake Watershed is 20.4 km2 and the surface of the lake and City land total 18.9 km2 or 92.6% of the total Spruce Lake Watershed area. A larger map of the Spruce Lake Watershed is attached to this report. The grey highlighted property is City owned land. 276 M &C 2012 — 74 April 5, 2012 Page 3 F ° � � Q f &a m 4 0 4 X I Map of Eastern Watersheds (Latimer and Loch Lomond) The Latimer Lake Watershed is 2 km2. The surface of the lake and the City owned land totals 1.69 km2 or 84.5% of the total Latimer Lake Watershed area. The Loch Lomond Watershed is 104 km2. The surface of the lake and the City owned land totals 53.7 km2 or 51.6% of the Loch Lomond Watershed. A larger map of the Loch Lomond Watershed is attached to this report. The yellow highlighted property is City owned land. On June 15, 2011, Saint John Water held its second Watershed Clean -up Day. In a five -hour period, forty -eight volunteers gathered approximately 3.8 metric tonnes of garbage and litter from the Loch Lomond Watershed. Saint John Water intends to continue to organize Watershed Clean-up Days as these events highlight the importance of protecting our watersheds. Several members of the Water Treatment Staff are Certified Watershed and Wellfield Inspectors under the Clean Water Act, and are assigned watershed protection duties as part of their normal workload. Regulatory Protection of Watersheds - New Brunswick Regulation 2001 -83 The Minister, under subsection 14(1) of the Clean Water Act, designated the Loch Lomond Watershed, East and West Musquash Watershed and Spruce Lake Watershed as protected areas because they are used as sources of potable water by The City of Saint John. The Government of New Brunswick has published a Guide to New Brunswick's Watershed Protected Area Designation Order to provide the various stakeholders knowledge on the activities permitted within the watershed protected areas. The Designation Order manages or controls land -use and water -use activities within the protected watersheds. 277 M &C 2012 — 74 April 5, 2012 Page 4 ANALYSIS Forest Management Planning The Loch Lomond and Spruce Lake Watersheds supply potable water to the City of Saint John. The majority of the areas within these watersheds are forested and the forest has an important role in determining the quantity and quality of the water from the watersheds. Watershed properties like all other assets must be maintained to obtain the full benefit from the asset. Saint John Water considers forest management planning to be an important tool in watershed management. In 1989 and 1990 the City contracted with the University of New Brunswick graduating Forest Resources Class to design a Forest Management Plan for City -owned land in the Loch Lomond Watershed. The objective was to improve the condition of the forest so as to: Provide for the long -term maintenance of the high quality water supply with no detrimental effects on water yield. 2. Reduce the hazard of wildfire, disease and insects. Plan the forest management work so the revenue from the sale of forest products would offset the forest management operations expenses. Saint John Water intends to meet with the University of New Brunswick and review the services their Forest Watershed Research Centre can provide the City of Saint John. The Loch Lomond Watershed Forest Management Plan produced by The University of New Brunswick Forestry Class requires updating to bring these plans up to the forest management standards of today and ensure the plans reflect the current condition of the forest within the watersheds. Saint John Water contacted the City of Edmundston to gain more knowledge and any recommendations their staff could provide on the development of a comprehensive Forest Management Plan. The City of Edmundston recommended staff contact University de Moncton as their Forestry Department completed the City of Edmundston's Forest Management Plan and are currently working with the City of Dieppe on their plan. Saint John Water, with Council's approval, will proceed with contracting professional services to update the Forest Management Plans for the Loch Lomond and Spruce Lake Watersheds. Upon completion of the Forestry Management Plan, a copy will be forwarded to the Department of Environment for review prior to execution of the Forestry Management Plan. Any revenue from the sale of forestry products will be returned to the Utility to offset future projects that will be undertaken to protect the watershed or purchase of watershed lands. 278 M &C 2012 — 74 April 5, 2012 Page 5 RECOMMENDATION It is recommended that Common Council authorize staff to proceed with requesting a proposal from the University of New Brunswick for the development of a forest management plan for both watersheds. If the University of New Brunswick or another university cannot provide the required services, staff shall develop a request for proposal for consulting services to develop a forest management plan for both watersheds to protect the forest within these watersheds. Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water 279 J. Patrick Woods, CGA City Manager ay LOCH LOMOND VVATERSHED The City of Saint John i �` S A L T J 0 H C y Provincial Designated Protection FEE BASS N HYDPOGPAP- OUE DE LOCH LOMOND ., Waterhed Basin EFF 0 75 Meter Set Back EDDD LSDDE � � %iii!" .� � - - ° J WATERSHED BOUNDARY LIMITE DU BASSIN HYDROGRAPHICUE'� Muncipal Zoning By -Law Section CP -110 a �� LAKES AND STREAMS . -- LACS ET COUPS D'EAU ` Y WATER INTAKE . . . . . . PRISE D'EAU S � - DROLL DE PASSAGE DES ROUTES r- 150 Meter Set Back,�� , RIGHT -OF WAY OF ROADS � � � � i �^? �; � r - �..,;� ==- POW Development Control ERLINE LIGNE D'ENERGIE ELECTRICUE yJr, LIMITES DE PROPRIETIES PROPERTY LINES . . . . . . / yam" L 600 Meter Buffer WATERCOURSE SETBACK (75m) RETRAIT D'UN COUPS D'EAU (75m) -r CROWN RESERVE ROAD, CHEMIN RESERVE DE LA COURONNE Quarry Restriction I RAILROAD VOTE FERREE COUNTY, PARISH, MUNICIPAL BOUNDARY LIMITE DU COMTE, PAROISSE MUNICIPALITE City Owned Property \ SCALE ECHEEE 1 20000 p o� \ c I o Property Base updated by City of Saint GIS Group. 200 0 200 400 600 800 000 m Saint John County Data May 2006 \ �r Kings County Data April 2004 � I I e - Lae N e w Ir/ Nouveau aa - C \ _ �\ I \ E UnSW C \/ Lek \ / G ^emm -� goad °cd Y ENVIRONMENTAL PLANNING AND SCIENCES BRANCH/ - DIRECTION DE LA PLANIFICATION ET DES SCIENCES DE L'ENVIRONNEMENT DEPARTMENT OF ENVIRONMENT /MINISTERE DE L'ENVIRONNEMENT � PROVINCE OF NEW BRUNSWICK/PROVINCE DU NOUVEAU- BRUNSWICK R ae \� = -` —f - Compiled by. Benson Agi j MAP /CARTE A25 Checked by: Paul Vanderlaan 6 JUNE, 19 9 7 Approved by Bill Ayer a d ° 3 JJ i a, z i / I 1 b " NOTE: PROPERTY LINES HAVE BEEN TRANSFERRED FROM IRIS PROPERTY MAPS FOR OWNERSHIP IDENTIFICATION PURPOSE ONLY. REFERENCE SHOULD BE MADE TO THE ACTUAL LRIS MAPS FOR OFFICIAL OWNERSHIP INFORMATION° - - -� - ; C DI NOTE LES LIMITES. DE PROPRIETIES ONT ETE TRANSFERREES DES. CARTES CADASTRALES 'X�� DU SCIF POUR IDENTIFIER LES PROPRIETIES SITUEES DAMS LF BASSIN HYDROGRAPHICUE LES CARTES CADASTRALES DU SCIF DOVIENT ETPE CONSULTEES POUR L'INFORMATION \ \ \ OFFICIELLE DE CES PROPRIETIES. wae g ake \ v Ac, a° I I f . ° 1 � i a , z a m P ° o' ° 0 I z S i -, , > Lac �� •- °pM ^' / / - L.k, � \ 1 / I r ° 1 , L / GG C\ I / a � a ) I i 9 j i 0 J I I \ i i i m I 1 , :� A. FEE I 0\ o , \ (, > — -- - -V - 281 ,,, ...rte � , � x ; 564 p54Z6 p19Z46 0a 00 � 55 eNv 5 - , /� yrA 1 o 5 e N \ o- 6Y274472� a oisanp 602 7 > 1. pl- p �/ 0 \,G Ibreitn PI 0 \... I � a e 3 1 P,^ m ADCV D, . N 2]6056 - bow Oej SPRUCE LAKE WATERSHED SAID` _ � JOHN oA551 A1 Hh LIROGRAP1- H(_jUE DE SPRUCE LA 00 329.4 LEGEND - LEGENDE JATFRSHED BOUNDAR) LIMITE DU BASSIN HYDROGRAPHIOUE 00:2ezes 002743 2 AND STREAMS - LACG ET COORS 00.uss4 - WATER INTAKE (�\ _ PRISE Dr:_.. �- K RIGHT -OF WAY C° k'. -HCS DROIT DE PASSAGE DES ROU L__ / POWERLINE LIGNE DENERGIE ELECTF ••.,,,,, ••,,.,,, - -., - ._i ( l '� PROPERTY LINES LIMITES DE PROPRIE -_ 0027 20s 1 '� � - _ RETRAIT DUN COURS DEAU I i, WATERCOURSE SETBACK i75m1 ��- ••,.v.• 0400 hhh�� „TOWN RESERVE ROAD. CHEMIN RESERVE DE LA COU: - -_ RAILROAD VOTE FERREE 0 224065 r / �>A / yy V� COUNTY, PAR1511, MUNICIPAL BOUNDARY LAMITE DU. COMTE PAROLSSE. MUNICII` . SCALE - ECHELLE 1 10000 - 100m 0 100 200 300 400 DOm r� Y- w NOTE. PROPERTY LINES HAVE BEEN TRANSFERRED FROM LEIS PROPERTY MAPS FOR OWNERSHIP IDENTIFICATION PURPOSE ONLY. REFERENCE SHOULD BE MADE `� " E y C IS/ TO THE ACTUAL LRIS MAPS FOR OFFICIAL OWNERSHIP INFORMATION. N1JLIA /E'Fll � ��I��J�� / NOTE LES LIMITES BE PROPRIETIES ONT. PROPRIETIES S TRANS DAMS L DU SCIF POUR IDENTIFIER LFS TIES GO SIT USES DANS LE DES CARTES OGRAPTRALES BASSA LES CARASTRAF ENVIRONMENTAL PLANNING AND SCIENCES BRANCH/ LES CARTES CADASTRALES OU SCIF DOVIENT ETRE CONSULTEES POUR LINFORMATION DIRECTION DE LA PLANIFICATION ET DES SCIENCES DE L'ENVIRONNEMENT OFFICIELLE DE CES PROPRIETES. DEPARTMENT OF ENVIRONMENT /MINISTERE DE L ENVIRONNEMENT PROVINCE OF NEW BRUNSWICK /PROVINCE DU. NOUVEAU- BRUNSWICK t Compiled by'. Benson - MAP /CARTE A27 FF Checked by . F I ' AY , 1 9 9 7 Approved by MAY, M 281 REPORT TO COMMON COUNCIL M & C 2012 -83 April 5, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Safe, Clean Drinking Water Program — P3 Business Case BACKGROUND R1 The City of Saint John Common Council has made the provision of Safe, Clean Drinking Water its foremost priority for the citizens of Saint John. The construction of a modern water treatment plant to filter and treat drinking water to the highest standards is the cornerstone project of the program. In order to move forward with assessing our program delivery and funding options in a timely and cost effective manner, it is necessary to carry out the steps outlined herein. The approved 2012 Water & Sewerage Utility Fund Capital Program — Safe, Clean Drinking Water category includes the amount of $4,564,135 to be used for related items as such as the Business Case, also known as the P3 Business Case and Value for Money Study. The purpose of this report is to seek Council's approval to continue the exploration of the P3 options, by sending correspondence to, and conducting work required by, PPP Canada. ANALYSIS In the fall of 2011, the City of Saint John submitted a funding application to PPP Canada. This application was screened -in for further consideration by PPP Canada in their Round 3 funding period. PPP Canada has stated the Safe, Clean Drinking Water Program has merit as a P3 project but requires further documentation to be submitted for analysis. The City of Saint John is required to submit a P3 business case for the Safe, Clean Drinking Water Program for review by PPP Canada staff. PPP Canada Round 3 funding period is being finalized and PPP Canada recommends The City of Saint John submit a letter to PPP Canada requesting the Drinking Water program be considered in Round 4. The PPP Canada CEO will be sending out letters on or about April 16th to applicants requesting responses regarding the applicant's desire for consideration in Round 4. In order for the City to remain in consideration for the P3 funding, it must reply to the letter and engage a consultant to conduct a Value for Money study and a P3 Business Case to support the rational for using the P3 project delivery option. 282 M &C2012 -83 April 5, 2012 Page 2 Staff has developed a project time line for the next 6 to 8 months to ensure the Clean, Safe Drinking Water Program is successful in the PPP Canada Round 4 screening process. 1. April 2012 - PPP Canada will be holding a Scoping Workshop in Saint John with City Staff to review in detail the Safe, Clean Drinking Water Program and discuss which of the water projects are suited for a P3 project, and to discuss the different P3 options. 2. April 16, 2012 - PPP Canada will be sending a letter to The City of Saint John explaining that Round 3 of funding is completed and Round 4 of funding is beginning. If The City of Saint John wishes to be considered for Round 4 a written response to PPP Canada is required explaining the status of the project, the current project team, the proposed schedule including the anticipated delivery date of the business case to PPP Canada (including value for money), and confirmation that the City intends to issue a RFP or has issued an RFP for the business case. 3. City Staff, with Council's approval, will forward a letter to PPP Canada requesting the Safe, Clean Drinking Water Program be considered for Round Four of funding from PPP Canada. This letter needs to be received by PPP Canada prior to the application deadline for Round 4 of June 15, 2012. 4. To achieve the PPP Canada Round 4 funding deadlines, the City of Saint John would issue a Request for Proposals for consulting services for the development of a P3 business case which includes a value for money exercise. This Request for Proposal should be sent out to pre - qualified firms by mid April requesting proposals by the end of April. 5. The consulting firm selected by Staff for the development of the P3 business case should be approved by Common Council and engaged as soon as practical. 6. The P3 business case required for PPP Canada Round 4 funding should be received from the selected consultant by August 1, 2012 for review and comments by City Staff. The finalized business case would need to be submitted to staff and presented to Common Council at the end of August 2012. Approval from Common Council for submitting the P3 business case to PPP Canada should be obtained by mid September. 283 M &C2012 -83 April 5, 2012 Page 3 To ensure the City's application for P3 funding is considered at the PPP Canada December 2012 board meeting, the business case should be submitted to the PPP Canada no later than September 30, 2012. In the event that PPP Canada is not in a position to review the City's submission at the December Board meeting, it would be deferred until March 2013. The City will be inviting bids for the P3 Business Case and Value for Money Study from Management Consulting firms who are pre - qualified by PPP Canada. This will not commit the Council to the P3 option. The Study is one of the necessary investigative stages. Staff may possibly be back to Council as early as May 7, 2012 recommending a consultant for this first phase. RECOMMENDATIONS 1. It is recommended that the City Manager be authorized to send a letter to PPP Canada, requesting PPP Canada consider The City of Saint John Safe, Clean Drinking Water Program application for Round 4 of the PPP Canada funding. 2. It is recommended that Common Council seek proposals from qualified and experienced firms to provide financial and business advisory services in connection with the planning, procurement and development of the Safe, Clean, Drinking Water Project that is required in the investigation of the P3 option. 3. It is recommended that Common Council convene a Water Committee Meeting with provincial and federal counterparts. The meeting would provide an opportunity to exchange updates on the Safe, Clean Drinking Water Program, and inquire as to whether the Government of Canada is able to fund 50 percent of the costs to conduct the P3 Business Case and Value for Money Study, and finally, to determine the level of support and cooperation from the Government of New Brunswick. Respectfully submitted, Bill Edwards, P. Eng. Commissioner Transportation & Environment J. Patrick Woods, CGA City Manager ., REPORT TO COMMON COUNCIL M & C 2012 -79 April 4, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Municipal Services Easement 7I The City of Saint John Common Council meeting on February 7, 2011, by resolution authorized the acquisition of a municipal services easement in lands between Carleton and Sewell Streets from the federal government at the purchase price of $33,904.50. Since that resolution the staff has been able to successfully negotiate a reduction of the purchase price to $1.00. The purpose of this report is to seek an amendment to the resolution of February 7, 2011. RECOMMENDATION That the resolution adopted by the Common Council of The City of Saint John meeting on February 7, 2011 to acquire a municipal services easement in lands between Carleton and Sewell Streets be amended to delete "$33,904.50" and substitute 11.00" and that the Mayor and Common Clerk be authorized to execute all necessary documentation. Respectfully submitted, �Vlw- Wm. Edwards, P. Eng. Project Manager Peel Plaza Project 285 Fundy Region Solid Waste Commission PO Box / CP 3032, Grand Bay - Westfield NB ESK 4V3 Commission de gestion T. 506 73$ -1212 • F. 506 738 -1247 des d�chets solides de hotline @fundyrecycles.com Fundy March 16, 2012 Mayor and Council City of Saint John 8th Floor, City Hall PO Box 1971 Saint John NB E21-41-1 Reference: Transition to Proposed Regional Service Commission (RSC) Dear Mayor and Council, This letter concerns the assimilation of the Fundy Region Solid Waste Commission ( FRSWC) into a branch of the proposed Regional Service Commission (RSC). The purpose of this letter is to request that serious consideration be given to reappointing your current (or a past representative if required) to the FRSWC to insure a smooth transition when it is replaced on January 1, 2013. In the absence of specific directions from the Province, the Solid Waste Commissions have been asked to conduct business as usual to help the transition into their respective RSC. The FRSWC in the course of regular business will need to enter into contracts and commitments that will take us past the end date established by the government. One of those commitments will be the Annual Budget for 2013 which is required by legislation to be submitted to the Province by November 15. In the interest of the new RSC, its members, and the communities it serves, we would suggest that it would be an advantage through familiarity to govern the FRSWC with the same members for this short extension until the Commission ends. Thank you for your consideration of this matter. Sincerely, Chris Titus Chair, Fundy Region Solid Waste Commission cc: Town ofQuispamsis Town of Rothesay Town of Hampton City Hall 15 Market Square March 26, 2012 P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Subject: In -Kind Services for Rockwood Park Deputy Mayor Chase and Councillors: ;R�!A City of Saint John The Rockwood Park Advisory Board would like to formally request a donation of in -kind services to the public gardens located within the boundaries of Rockwood Park. The public gardens are managed under the authority of the Saint John Horticultural Association, and are struggling to keep up with the increased demand for the use of the garden. The public garden space is a very popular venue for wedding and high school prom photography; it is an integral part of Rockwood Park. We are asking that the removal of the chain link fence and planting at Seely Street, maintenance of gravel walkways, mowing, and the paving of the roadways be donated. This donation of in -kind service will in turn allow us to continue with the momentum of Park revitalization. We empathize with the current financial difficulties facing the City, and ask that services be contributed where possible so that we can focus some of our resources on the beautification of the Rockwood Park Campground, as well as continue to showcase one of the City's most beautiful public green spaces. Sincerely, Mayor Ivan Court Chair of the Rockwood Park Advisory Board 287 City Hall P.O. Box 1971 15 Market Square Saint john New Brunswick Canada E2L 4L1 March 26, 2012 Subject: Signage for Rockwood Park Deputy Mayor and Councillors: �A City of Saint john The Rockwood Park Advisory Board formally requests that the issue of inadequate signage directing visitors to Rockwood Park be addressed. Both provincial highway and municipal roads are lacking in signage. Currently there is one sign for Rockwood on the main highway at the City limits in each direction, nothing indicates on the appropriate exits that they are for Rockwood. Approximately 10 years ago, campground signage throughout the city was placed in order to direct drivers to Rockwood. Road construction, vandalism, and environmental damage have left the signed routes very difficult to navigate. Furthermore, the suggested routes are not ideal for the increasingly large recreation vehicles visiting the Park nor for people using geographic positioning units. In recent years, Rockwood Park has undergone revitalization. With cruise ship passengers visiting regularly, and a wellness movement that has more locals being active, Rockwood offers an experience that leaves an excellent impression of what Saint John has to offer. We have visitors from around the globe as well as locals exploring what's in their own backyard. Stakeholders in the Park have been working together to market the Park as a 'one stop shop' tourist destination with activities varied from dining at Lily Lake, to playing a round of golf, visiting the Zoo, exploring the over 55km of trails on horseback, mountain bike, or foot. Visitors can stay in the campground, visit the public gardens, go for a canoe or swim in our lakes, all within 5 minutes of the uptown area. There is an interpretation centre in the Park to offer guidance for your Park and City experience. In conclusion, City staff and Park stakeholders are working together to market Rockwood as a premiere destination for locals and tourists alike. Proper signage is paramount in bringing people to the Park with the least frustration as possible. We request that council work with our provincial government to ensure that this is a success. Sincerely, Mayor Ivan Court Chair of the Rockwood Park Advisory Board REPORT TO COMMON COUNCIL April 5, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Re: Heritage Grant Policy City of Saint John The Heritage Development Board would like to provide Council with additional information on the current status of grant allocations prior to your decision on policy. As of March 28, 2012, there had been 31 grant applications. Based on ceilings of $7,500 for the Conservation Grants and $1,000 for the Maintenance Grants, approximately $9,500 would be left in the grant budget for the remainder of the year. This could allow for 1 additional major grant and 2 smaller ones. Based on lower ceilings of $5,000 and $500, approximately $26,000 would remain. This could allow for 5 additional major grants and 2 smaller ones. The Board's recommendation is to implement the lower ceiling strategy in order to extend the grant programme further into the construction season, allowing the programme to reach additional property owners. The Heritage Development Board would like to thank Council for your consideration of this matter and for your continued support of the grant programme in these economically challenging times. Sincerely, 4-t—,Lz� Leona Laracey Chair Heritage Development Board :• April 10, 2012 Common Council of the City of Saint John Deputy Mayor Chase and Councillors, Subject: Committee of the Whole — Sanitary Lift Station 40 Mountain View Drive The Committee of the Whole, having met on June 20, 2011, adopted the following resolution "RESOLVED that the City Solicitor be directed to prepare an appropriate Agreement between the City of Saint John and North Star Holdings Limited to articulate the responsibility of both parties with respect to the construction of municipal infrastructure related to the development of 40 Mountain View Drive comprising 5.6 hectares (the Sub - drainage Basin) and that the Mayor and Common Clerk be authorized to execute said Agreement reflective of the following terms and conditions: • City to upfront all costs directly related to the sanitary lift station servicing the 26.1 hectare site (the Drainage Basin). • North Star to assume all responsibility for costs associated with storm water management for the Project. • City establishes a levy to recover lift station costs as follows: Total cost divided by area of drainage basin equals levy per gross hectare developed. • Notwithstanding the City's previous program of development financial incentives or any future development financial assistance programs, the parties agree that: • The City will pay materials rebate to North Star as per the practice in place on June 21, 2010 for all eligible costs associated with the Project. • Other eligible RIA costs will be paid by the City to North Star in accordance with the practice in place on June 21, 2010. i SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 ----.—I 290 • The City will forgive the levy for the Project developed by North Star Holdings - In return, North Star will surrender all rights to any additional assistance from the City of Saint John under any existing or future development financial assistance program for the Project. • North Star agrees to pay the sanitary lift station levy for any other development that it undertakes in the remaining 20.5 hectares of the Drainage Basin with payment provided to the City prior to Development Officer endorsement of any final plan of subdivision. • North Star agrees to assume the full cost of providing storm water management infrastructure for the drainage basin and to allow others to connect. North Star will provide receipts to document the cost of installation. City will establish a levy, and will impose the levy on all developments benefitting from this infrastructure except for North Star and related companies and forward the amounts received to North Star Holdings Limited. - The City will approve all designs, specifications, contracts, and expenditures for the construction of the lift station prior to work commencing. City approves all expenditures before work is undertaken. • North Star Holdings will coordinate and execute all of the work and the City will not assume ownership of any of the works until the work in completed in a manner satisfactory to the Chief City Engineer. And further, that staff be directed to bring an appropriate resolution before Common Council to establish a system of levies against property owners to recover the costs of the sanitary sewer lift station and the storm water management infrastructure required for the Drainage Basin including but not limited to the property at 40 Mountain View Drive. Respectfully Submitted, Ivan Court Mayor 6-*)-- JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 41 291 April 10, 2012 Deputy Mayor and Councillors, Subject: Training and Career Development System - Working Agreement Between The City of Saint John and C.U.P.E Local 18 The Committee of the Whole, having met on April 2nd, 2012, made the following resolution: "RESOLVED that the Committee of the Whole recommends that Item No. 8 of the resolution adopted by Common Council at its open session meeting held on November 22nd, 2010, which dealt with Pension Plan reforms under Agenda Item No. 3.1, be amended by replacing Item No.8 with the following language: "Authorize the City Manager to finalize a Letter of Agreement with Local 18 consistent with the terms set out in Schedule B except to the extent that the said terms refer to Option A, which Option no longer exists. More specifically, this requires the deletion of the 3 d and 4t" bullet points set out in the aforementioned Schedule B; and further, that Common Council authorize the Mayor and Common Clerk to execute the attached Collective Agreement subject to legality and form." Sincerely, Ivan Court Mayor lr - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 292 January 1St, 2011 — June 30th, 2014 WORKING AGREEMENT Between THE CITY OF SAINT JOHN, N. B. - and - THE CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL #18 (OUTSIDE WORKERS) 293 THIS AGREEMENT made and entered into this day of April, 2012. BETWEEN THE CITY OF SAINT JOHN, a body corporate in the County of Saint John in the Province of New Brunswick, hereinafter referred to as the "EMPLOYER" of the first part, -AN D- LOCAL NO. 18, CANADIAN UNION OF PUBLIC EMPLOYEES, hereinafter referred to as the "UNION" of the second part. ARTICLE 1 - INTENT AND PURPOSE OF AGREEMENT 1:01 Intent and Purpose The parties to this collective agreement are committed to working together to create a responsive, enthusiastic, respectful and healthy work environment - one dedicated to providing quality, cost - effective public service; achieving high standards of personal and group performance; employee and organizational wellness; and resolving issues constructively and for the common good. To that end, the parties are committed to the principles of interest -based negotiation (IBN) as the foundation for building and maintaining effective workplace relations. It is the intent and purpose of the parties to this Agreement to maintain harmonious relations and settled conditions of employment for the continuous and effective operation of the civic departments concerned - to strive to improve the quality and efficiency of service supplied to the public; to promote the well- being, morale, safety, security, and productivity, of all employees within the bargaining unit — the parties hereto set forth the following terms and conditions relating to employment, remuneration, settlement of disputes and differences, hours of work, employee benefits and related matters affecting employees covered by this Agreement. The Employer and Union hereby recognize and acknowledge that anticipated changes to the way in which the Employer delivers water and sewerage services is expected to result in the creation, during the extended lifespan of the Working Agreement, of a new department of the Employer responsible for the management and operation of the Employer's water and sewerage utility. Accordingly, the Employer and Union hereby agree to negotiate explicit terms and conditions respecting the working conditions and associated matters respecting those employees who will be affected by the creation of the aforesaid department in a manner that will promote its continuous, effective and efficient operation. 294 1:02 Current Contract ARTICLE 2 - RECOGNITION AND NEGOTIATIONS 2:01 Current Contract 2:02 Employees Covered by this Collective Agreement Any new departments, divisions or sections introduced or created during the term of the collective agreement which includes work or service of the bargaining unit shall be covered by Local 18. Management positions mutually agreed or determined by the Industrial Relations Board to be excluded from the bargaining unit shall not be affected by this Article. Employees within the bargaining unit assigned to the Saint John Police Force are also covered by this Agreement. When changes to the organizational structure take place, the union shall be notified of such in writing. 2:03 Current Contract 2:04 Current Contract 2:05 Current Contract ARTICLE 3 - RESPONSIBILITY OF PARTIES 3:01 Current Contract 3:02 Current Contract 3:03 Current Contract 3:04 Current Contract 3:05 Current Contract 3:06 Current Contract 3:07 Current Contract 3:08 Current Contract 3:09 Current Contract ARTICLE 4 - HUMAN RIGHTS 295 4:01 Current Contract ARTICLE 5 - CORRESPONDENCE 5:01 Current Contract 5:02 Current Contract 5:03 Current Contract 5:04 Current Contract ARTICLE 6 - MANAGEMENT RIGHTS 6:01 Current Contract 6:02 Current Contract The above functions, rights, powers, and authority will be exercised in a manner which does not violate any of the terms of this Agreement. Claims for wrongful or unjust discharge shall be subject to the grievance procedures provided herein. 6:03 Current Contract 6:04 Establishment Minimum 293 Establishment Minimum 293 During the term of this Collective Agreement, the number of Local 18 positions shall not be reduced below a minimum of two hundred and ninety -three (293) permanent full -time positions. It is understood that where there is a lack of work in a Department, the Employer may transfer or abolish and create a position in the same Department or another Department as long as the number of positions is not reduced below 293. Any such transfers shall be offered by order of seniority and ability to employees in the affected Department. In this Article, "Department" shall be defined as Development and Growth Services, Community and Protective Services, Transportation and Environment Services, Saint John Water, Administrative Services and Strategic Services. ARTICLE 7 — MUTUAL - INTEREST COMMITTEES 7:01 Current Contract ., 7:02 Current Contract 7:03 Current Contract ARTICLE 8 - TERMS OF EMPLOYMENT 8:01 Current Contract 8:02 Current Contract 8:03 Career Path Defined A career path is a stream of employment for permanent employees, over various job classification levels, involving increasing levels of expertise, responsibility and associated remuneration. 8:04 Current Contract 8:05 Current Contract 8:06 Current Contract ARTICLE 9 - SENIORITY 9:01 Current Contract 9:02 Current Contract 9:03 Current Contract ARTICLE 10 - TRAINING, PROMOTIONS AND CAREER DEVELOPMENT 10:01 Current Contract (a) Training and career progression shall be provided through a system of structured learning and development, organized by career path in broad areas of service, in accordance with Schedule "A" to this agreement as introduced effective January 1 s` 2012. (b) Permanent employees placed in the new employment structure at the classification level that best reflected their classifications and recognized skill levels on January 1 sc 2012. 10:02 Training and Career Development Opportunities 297 (a) Training and career development opportunities shall be made available to all employees, in accordance with Schedule "A" to this agreement. (b) Annually employees will receive a training schedule. (c) Training opportunities to qualify for the promotions (Foreman and Sub - Foreman) will be posted as required. 10:03 Promotion (a) Promotions Resulting from Postings Subject to Article 9:03(b), in making changes, transfers, or promotion to positions within the bargaining unit, appointment shall be made of the applicant with the greatest seniority provided he has the ability and qualifications to perform the job, subject to the provisions detailed in Schedule "A" to this agreement. (b) Ability and Qualifications The ability and qualifications at detailed in Schedule "A" shall be utilized in a staffing process coordinated by Human Resources. Criteria used to evaluate the ability and qualifications of candidates for a job shall include: meeting minimum prerequisites for the job; required knowledge, education and training; acceptable job performance; and required competency. Based on the evaluation of these criteria, a recommendation shall be made to the Department Head and, subject to his /her concurrence, a recommendation for appointment of the successful candidate shall be made to the City Manager. Information shall be shared with the Union when a recommendation is made. (c) Minimum Prerequisites The minimum prerequisites for a job are those factors such as work experience in a career field, recognized industry or service area certifications (or equivalent licenses), and driver's licenses. (d) Knowledge, Education and Training Applicants for promotion must satisfy the knowledge, education and training requirements for the applicable job level, in accordance with the structure outlined in Schedule "A ". Only Sub - Foreman and Designated Operators will be eligible to apply for the Foreman and Operator positions respectively. (e) Job Performance MW The job performance criteria includes reliability and regular attendance at work, achieving desired work outcomes, participation in training programs, ability to work in a team environment and demonstrated potential for promotion to the job being sought. The documented performance of employees shall be used in the job performance component of the staffing evaluation. Where there is no relevant documentation, the candidate shall be considered to have acceptable job performance. All performance documentation shall be copied to the personnel file and to the Recording Secretary of the Union. (f) Competency The competency of a candidate for promotion must be confirmed by a positive recommendation in writing from both the employee's immediate supervisor (foreman, operator, general foreman, or manager, as applicable) and the manager responsible for the supervisor's work unit. 10:04 Current Contract 10:05 Current Contract 10:06 Current Contract 10:07 Current Contract 10:08 Current Contract 10:09 Current Contract ARTICLE 11 — PERMANENT POSITIONS AND TEMPORARY ASSIGNMENTS 11:01 Requirement to Act on a Temporary Basis Job Specifications shall identify duties and responsibilities, essential experience, required education and training, and certification standards for each job classification level. Where applicable, such duties and responsibilities shall include the requirement to act on a temporary basis for a supervisoryjob at a higherjob classification level within a career path. This requirement shall be a factor in establishing the classification level and wage rate for the job. 11:02 Temporary Assignments Less than 30 Days For temporary assignments of less than thirty (30) calendar days at the Foreman and Operator position, there shall be no adjustment of wage rate. Such assignments shall be filled by the senior eligible employee, first in the crew, then in the section and then in the division. For temporary assignments of less than thirty (30) calendar days at the Sub - Foreman and Designated Operator position, there shall be no adjustment of wage rate. Such 299 assignments shall be filled by the senior qualified employee, first in the crew, then in the section and then in the division. 11:03 Extended Acting and Temporary Assignments of 30 Days or more For extended acting and temporary assignments of thirty (30) calendar days or more at the Foreman and Operator position, the employee in such extended acting assignment shall receive the higher rate of pay for the entire period so employed. Such assignments shall be filled by the senior qualified employee, first in the section and then in the division. For extended acting and temporary assignments of thirty (30) calendar days or more at the Sub - Foreman and Designated Operator position, the employee in such extended acting assignment shall receive the higher rate of pay for the entire period so employed. Such assignments shall be filled by the senior qualified employee, first in the crew, then in the section and then in the division. 11:04 Current Contract 11:05 All-inclusive Job Specifications Job specifications shall be inclusive, with duties and responsibilities including those of the previous level in the career path. Except as specified in Article 11:03, an employee shall receive this permanent wage rate for all duties performed. 11:06 Current Contract 11:07 Current Contract 11:08 Current Contact 11:09 Current Contract ARTICLE 12 - GRIEVANCE RESOLUTION PROCESS - INTERNAL 12:01 Current Contract 12:02 Current Contract 12:03 Current Contract 12:04 Current Contract 12:05 Current Contract 12:06 Current Contract 12:07 Current Contract 300 12:08 Current Contract 12:09 Current Contract ARTICLE 13 - HOURS OF WORK 13:01 Current Contract 13:02 Current Contract 13:03 Current Contract 13:04 Current Contract 13:05 Current Contract 13:06 Current Contract 13:07 Current Contract 13:08 Work Supervision Work performed in any Department by a work crew of four or more employees shall be supervised by a foreman, an operator or a Sub - Foreman, who shall be requested to do manual work when his supervisory responsibilities so permit. 13:09 Current Contract 13:10 Current Contract 13:11 Current Contract 13:12 Current Contract 13:13 Current Contract 13:14 Current Contract 13:15 Current Contract 13:16 Foremen Not Required to Perform Manual Work Foremen shall not be required to perform manual work unless mutually agreed by the Foreman and manager responsible. This article shall not apply to the foreman in the Welding /Autobody shop. 13:17 Current Contract 301 13:18 Current Contract 13:19 Current Contract 13:20 Delete ARTICLE 14 — CLASSIFICATION AND WAGE STRUCTURE 14:01 Qualification Based Pay System The parties agree to establish a qualification -based pay system, one that recognizes attainment of skills and provides substantive incentive to assume greater responsibility and to advance. Schedule "A" details the series of job classification levels for each broad area of municipal service. The pay or salary rate established for each level of classification, as summarized in Schedule "B ", has been designed to incorporate all relevant aspects of pay. 14:02 Current Contract 14:03 Current Contract 14:04 Current Contract ARTICLE 15 - VACATION PERIOD AND STATUTORY HOLIDAYS 15:01 Current Contract 15:02 Current Contract 15:03 Current Contract 15:04 Current Contract 15:05 Current Contract 15:06 Current Contract 15:07 Current Contract 15:08 Current Contract 15:09 Current Contract 15:10 Current Contract 302 15:11 Current Contract 15:12 Current Contract ARTICLE 16 — LEAVES OF ABSENCE 17:01 16:01 Current Contract 16:02 Current Contract 16:03 Current Contract 16:04 Current Contract 16:05 Current Contract 16:06 Current Contract 16:07 Current Contract 16:08 Current Contract 16:09 Current Contract 16:10 Current Contract 16:11 Current Contract 16:12 Current Contract 16:13 Current Contract 16:14 Current Contract ARTICLE 17 - INJURY ON DUTY 17:01 Current Contract 17:02 Current Contract 17:03 Current Contract 17:04 Current Contract 17:05 Current Contract 17:06 Current Contract 303 17:07 Current Contract ARTICLE 18 - UNION BUSINESS 18:01 Current Contract 18:02 Current Contract 18:03 Current Contract 18:04 Current Contract 18:05 Current Contract 18:06 Current Contract ARTICLE 19 - PAY DAYS, SERVICE PAY & RETIREMENT PAY 19:01 Current Contract 19:02 Current Contract 19:03 Current Contract 19:04 Current Contract ARTICLE 20 - SAFETY 20:01 Current Contract 20:02 Current Contract 20:03 Current Contract 20:04 Current Contract 20:05 Current Contract 20:06 Current Contract 20:07 Current Contract Current Contract 20:08 Current Contract 20:09 20:10 Current Contract 304 ARTICLE 21 - CLOTHING ISSUE AND TOOL ALLOWANCE Current Contract 20:11 Current Contract 20:12 Current Contract 20:13 Current Contract 20:14 Current Contract 20:15 ARTICLE 21 - CLOTHING ISSUE AND TOOL ALLOWANCE ARTICLE 22 - RESPONSIBILITY 22:01 Current Contract 22:02 Current Contract 22:03 Current Contract 22:04 Current Contract 22:05 Current Contract ARTICLE 23 - BENEFITS 23:01 Current Contract 23:02 Medical, Health and Dental Plans Effective January 1, 2007, the Employer agrees to pay $131.27 monthly towards the cost for single and $173.42 monthly towards the cost of family coverage, as applicable, for the employee's health, dental and travel coverage. The employee shall pay the remainder of the cost of monthly premiums. It is understood and agreed that such benefit shall extend to permanent employees only. Participation in the plan is mandatory and is a condition 305 Current Contract 21:01 Current Contract 21:02 Current Contract 21:03 Current Contract 21:04 Current Contract 21:05 Current Contract 21:06 ARTICLE 22 - RESPONSIBILITY 22:01 Current Contract 22:02 Current Contract 22:03 Current Contract 22:04 Current Contract 22:05 Current Contract ARTICLE 23 - BENEFITS 23:01 Current Contract 23:02 Medical, Health and Dental Plans Effective January 1, 2007, the Employer agrees to pay $131.27 monthly towards the cost for single and $173.42 monthly towards the cost of family coverage, as applicable, for the employee's health, dental and travel coverage. The employee shall pay the remainder of the cost of monthly premiums. It is understood and agreed that such benefit shall extend to permanent employees only. Participation in the plan is mandatory and is a condition 305 of employment for all employees hired after January 1, 2007. Effective January 1 st, 2011, the Employer agrees to pay 75% of the monthly cost for single and family coverage, as applicable, for the employee's health, dental and travel coverage. The employee shall pay the remaining 25% of the monthly cost for single and family coverage, as applicable, for the employee's single or family health, dental and travel coverage. It is understood and agreed that such benefit shall extend to permanent employees only. Participation in the plan is mandatory and is a condition of employment for all employees. Effective July 1, 2007 current employees not participating in the plan will no longer be eligible to participate in the plan now or in the future. Current employees presently not participating in the plan will be eligible to enter the plan provided they register no later than June 30, 2007. Any employee who is not a participant under the plan shall not be entitled to a cash payment in lieu of the Employer's contribution to the cost. The parties recognize the need to continue to work together to control the cost of health and dental plans — by overseeing the plans and making mutually agreed changes that, from time to time, are deemed appropriate. In the event that appropriate changes cannot be agreed upon, the union agrees to implement necessary changes designed to limit total costs to available premium revenue within sixty (60) days of any notice of premium increase by the carrier. The City agrees to assist the Union by implementing the administrative and /or design changes necessary to ensure the premiums meet the full cost of the plan. In any event, upon implementation of the above noted rates, the employer premium contribution shall be fixed and will not exceed the above noted amounts nor shall the employer be liable for any deficit in the plan as a result of employee claims exceeding premiums paid. For clarification and continuity, it is understood that the plan design and benefits that exist under the terms of the collective agreement expiring on December 31, 1998 shall continue subject to the above. The rates specified in the first paragraph above shall come into effect on January 1 st 2007 and remain in effect until December 31St, 2010, after which the arrangement specified in the second paragraph above shall come into effect on January 1 st, 2011 and remain in effect until June 30th, 2014. 23:03 Current Contract 23:04 Current Contract 306 23:14 Current Contract 23:05 Current Contract Current Contract 23:06 Current Contract 23:07 Current Contract 23:08 23:09 Current Contract 23:19 Current Contract 23:10 Current Contract 23:20 Current Contract 23:11 Current Contract 23:21 Current Contract 23:12 Current Contract Current Contract 23:13 23:14 Current Contract 23:15 Current Contract Current Contract 23:16 Current Contract 23:17 Current Contract 23:18 Current Contract 23:19 Current Contract 23:20 Current Contract 23:21 23 :22 Current Contract ARTICLE 24 - TECHNOLOGICAL CHANGE 24:01 Current Contract 24:02 Current Contract 24:03 Training: Operation of Equipment The Employer agrees to continue its program to train and /or upgrade skills of employees to reach maximum potential and efficiency in the operation of equipment. 307 24:04 Current Contract ARTICLE 25 - PLURAL OR FEMININE TERM 25:01 Current Contract 25:02 Current Contract ARTICLE 26- JOB SECURITY 26:01 Current Contract 26:02 Current Contract ARTICLE 27 - TERM OF AGREEMENT Duration This Agreement shall take effect and be binding on the Employer and Union for the period of January 1 st, 2011 to June 30th, 2014 inclusive and shall remain in force for the successive periods of twelve months thereafter, unless either party requests negotiation of a new or replacement Agreement by giving notice to the other party within ninety (90) days prior to the expirations date of the agreement or any renewal thereof. Such notice(s) shall specify any addition, deletion or alteration desired. Changes in Agreement Any changes deemed necessary in this Agreement may be made by mutual agreement at any time during the existence of this Agreement. Notice of Changes Either party desiring to propose changes to this Agreement shall, within 90 days prior to the termination date, give notice in writing to the other party of the changes proposed. Within ten (10) working days of receipt of such notice by one party, the other party is required to enter into negotiations for a new agreement. Agreement to Continue in Force Where such notice requests revisions only, the following conditions shall apply. Where notice to amend the agreement is given, the provisions of this agreement shall continue in force until a new agreement is signed, or the right to strike or lockout occurs, whichever occurs first. ARTICLE 28 - CLASSIFICATION/WAGES - PAY TABLE 28:01 Wage Rates 1: Wage rates and salaries for permanent employees only shall be adjusted as follows: (a) January 1St, 2011 0% (b) January 1St, 2012 0% (c) January 1St, 2013 3.00% (d) January 1St, 2014 1.50 %. 28:02 Classification Structure The classification structure, by area of service, is outlined in the appendices of Schedule "A" to this Agreement: "A -1" Water and Wastewater "A -2" Public Works and Transportation "A -3" Parks "A -4" Materials and Fleet Management "A -5" Building and Inspection Services "A -6" Customer Service 28:03 Pay Table The Pay Table for permanent employees in the Skilled Worker, Trades, Sub - Foreman and Foreman job sets, by job classification level, is provided in Schedule "B" to this Agreement. 28:04 Current Contract 28:05 Current Contract 28:06 Current Contract 28:07 Current Contract ARTICLE 29 — PRINTING OF AGREEMENT IN BOOKLET FORM Current Contract 309 SCHEDULE "A" EMPLOYMENT AND DEVELOPMENT FRAMEWORK All Changes made to schedule "A" are effective as of January 1St, 2012 EMPLOYMENT AND DEVELOPMENT FRAMEWORK 1.01 The parties are committed to advancing the quality and efficiency of services and jointly recognize the importance of effective training and development. 1.02 Designed to enhance performance effectiveness and employability, the Outside Workforce Training and Career Development System is a system of structured learning and development for permanent operational employees, organized in six broad areas of service. The System shall reflect current and emerging operational methods, technical standards and service requirements. Employees select a field of employment from available opportunities and assume responsibility for progression in that field. Training and education comprise a combination of in -house and external elements, both knowledge - based and practical. 1.03 The employment and development structure for each of the Six broad areas of service is outlined in the appendices to this schedule: "A -1" Water and Wastewater "A -2" Public Works and Transportation "A -3" Parks "A -4" Materials and Fleet Management "A -5" Building and Inspection Services "A -6" Customer Service These complementary structures provide a framework for the relationships among levels of responsibility, required expertise, job classifications, and associated training and development. Criteria and processes shall be applied consistently across the four broad areas of employment and the career paths in each. WORKFORCE PLANNING 2.01 The establishment of permanent positions shall be organized byjob sets within areas of service to reflect operational needs. 2.02 A job set is a series of job classification levels through which an incumbent of a position can progress by satisfying the requirements outlined in Appendix "B -1" or "B -2 ". There are 310 four such job sets: Skilled Worker (levels 1 through 6, as applicable); Sub - foreman (levels 7 & 10, as applicable); Foreman (levels 9 through 12, Operators 9 through 15, as applicable); and Trades (various classification levels, as applicable). 2.03 The general criteria for job levels are inclusive, that is, the requirements of a job level are included in those of higher level jobs. 2.04 Operational departments shall consult with Union representatives in annually preparing a 3 -year staffing forecast. These projections shall reflect the long -term operational and service strategies of the City of Saint John. RESPONSIBILITIES AND PROGRAM COORDINATION 3.01 Employees shall register for training and development programs, detailing responsibilities and expectations. 3.02 The City shall be responsible for the provision of required training. 3.03 The Union shall support training delivery and encourage employees in fulfilling their responsibilities under the program. 3.04 Training and Certification Advisory Panels are established in accordance with Article 7:03 of the Working Agreement. 3.05 A Career Development Coordination Committee is established in accordance with Article 7:02 of the Working Agreement. TRAINING AND DEVELOPMENT CONSIDERATIONS 4.01 Training and development opportunities shall be made available to all employees, in their applicable career path, with due respect to senior eligible employees. 4.02 A training module is a single course, job training assignment or defined experience. Training modules are developed in accordance with industry -grade skill and performance criteria. Employees must attain required course evaluation standards in order to receive credit for that training. 4.03 Training modules will include; predetermined outcomes for employee knowledge acquired, predetermined outcomes for employee competencies acquired and predetermined outcomes for new skills and knowledge to be applied on the job. 4.04 Career development training modules shall be organized into training and development blocks. 4.05 Successful completion of a training module will create an action to file on behalf of the employee, leading to official recognition upon satisfactory completion of the training and development block. 311 4.06 The training and development system integrates external, industry- standard certifications into the process of career progression. 4.07 Employees who are unsuccessful in completing a training module shall be given an additional opportunity to do so within the same training context, that is, with the group of employees participating together in a training and development block. 4.08 It is recognized that not all employee training occurs within the context of the career development process. An employee engaged in career development may participate in other training and that training may yield credit(s) toward career progression. The Career Development Coordination Committee, upon the recommendation of the applicable Training and Certification Advisory Panel, shall make such determination. 4.09 Peer trainers shall be utilized to deliver a number of training programs under the Outside Workforce Training and Career Development System. The duties and responsibilities of positions at the Sub - Foreman job level or above shall include the requirement to be an employee trainer in the applicable career path. STAFFING CONSIDERATIONS 5.01 Progression in Career Path (a) An employee shall progress to the next job set in a career path by satisfying the requirements outlined in Appendix "B -1" or "B -2" and successfully competing for promotion or appointment to a vacancy as per Articles 10:03 and 10.06. The senior qualified employee for entry to a job set shall be promoted or appointed to fill such vacancy. (b) An employee shall progress within a job set by satisfying the requirements of the next applicable training and development block as detailed in Appendix "B -1" or "B -2 ". 5.02 Subject to the employee having acquired the prerequisite experience, upon completion of the requirements of the applicable training and development block as detailed in Appendix "B -1" or "B -2 ", the employee shall be designated as qualified for the associated job. 5.03 As the Employer is making investments in the training and development of employees, movement from one career path to another should be well justified. Subject to 5.05 below, an employee who chooses to change career paths shall enter that career path at the job level they occupied in their previous career path, and receive such rate of pay. 5.04 An employee who decides to leave a career path, for reasons other than serious illness or injury, or is otherwise unable to satisfy the responsibilities and expectations of a development program, shall revert to his /her previous status and shall be subject to a waiting period of two years before being again eligible to apply for another position in the bargaining unit. 312 5.05 In the absence of a qualified candidate in a career path, other employees or new employees possessing the required combination of education, demonstrated skill, aptitude and related training may enter the system at higher -level positions. Such new employees must undergo all necessary orientation training. 313 Appendix "A -1" Training and Development Structure: Water and Wastewater Job Job Set Level Paths Water & Sanitary Systems Water Treatment Wastewater Treatment WS01 WTO1 WWTO1 1 Skilled Worker Skilled Worker Skilled Worker WS02 WT02 WWT02 v 2 Skilled Worker Skilled Worker Skilled Worker p WS03 WT03 WWT03 3 3 Skilled Worker Skilled Worker Skilled Worker WS04 WT04 WWT04 4 Skilled Worker Skilled Worker Skilled Worker I Q WSO5 WT05 WWT05 5 Skilled Worker Skilled Worker Skilled Worker WS06 WT06 WWT06 6 Skilled Worker Skilled Worker Skilled Worker Water & Sanitary Systems Water Treatment Wastewater Treatment WS07 WT07 WWT07 B — Sub - Water and Sanitary System Sub - Foreman Water Treatment Sub - Foreman Wastewater Treatment Sub - Foreman Foreman s WS09 WT09 WWT09 9 Cert Op I WD /WWC Cert Op I WT Cert Op I WWT 10 � e� 11 Qj WS12 WT12 WWT12 12 w Cert Op II WD /WWC Cert Op II WT Cert Op II WWT U 13 14 WS15 WT15 WWT15 15 Cert Op III WD /WWC Cert Op III WT Cert Op III WWT 314 Appendix "A -1" Training and Development Structure: Water and Waste Water - Instrumentation Job Set Job Level Water : Wastewater Career Paths Instrumentation (C — Trades) 1 2 3 IN03 Instrumentation Trades 4 5 ^� C� 6 IN06 Instrumentation Tech H 7 i A S 9 10 IN07 Instrumentation Journeymen 11 12 IN 12 Instrumentation Journeymen 11 315 Appendix "A -2" Training and Development Structure: Public Works and Transportation 316 Job Set Public Works and Transportation Career Paths LeJob vel Public Works and Transportation Career Path PWOI 1 Skilled Worker PW02 s. y 2 Skilled Worker 0 PW03 3 3 'C Skilled Worker v PW04 4 rig Skilled Worker I d PW05 5 Skilled Worker PW06 6 Skilled Worker Works PW07 B — Sub- 7 Foreman Sub - Foreman Works s PW09 0 9 Foreman Works s. 10 W 11 U PW12 12 Foreman 11 Works 316 Appendix "A -3" Training and Development Structure: Parks (Recreation and Parks) 317 Job Job Set Level Parks PKO1 1 Skilled Worker PK02 w 2 Skilled Worker p PK03 3 3 Skilled Worker PK04 � 4 Skilled Worker I PK05 5 Skilled Worker PK06 6 Skilled Worker PK07 B — Sub- 7 Foreman Parks Sub Foreman 8 PK09 9 Parks Foreman I 10 � w 11 I PK12 U 12 Parks Foreman H 317 Appendix "A -4" Training and Development Structure: Material & Fleet Management Job Set Job Leve Material & Fleet Management 1 Fleet Trades (Mechanical/Small Engines /Autobody/Welding) (E - TRADES) 1 FL02 (Training & Development Block) 2 Fleet Trades Apprentice I FL03 (Training & Development Block) 3 Fleet Trades Apprentice II FL04 (Training & Development Block) 4 ewe Fleet Trades Apprentice III F" SE05 Ca 5 Small Eng. Mechanic Apprentice FL06 SE06 WE06 6 Journeyman Auto Mechanic Journeymen Small Eng. Mechanic Welder /Autobody Apprentice 7 FL08 WE08 8 Journeyman Truck & Trailer Mechanic Journeymen Welder /Autobody 9 B — Sub- Foreman FL10 WE10 10 Journeyman Fleet Trades Sub Foreman Journeyman Welder Sub Foreman 11 C Foreman FL12 WE 12 12 Fleet Trades Foreman Working Welding Foreman 318 Appendix "A -4" Training and Development Structure: Material & Fleets Management - Stores Job Set Job Level Stores SKO 1 1 Skilled Worker SK02 y 2 Skilled Worker 0 SK03 3 3 Skilled Worker v SK04 4 Skilled Worker I Q SK05 5 Skilled Worker SK06 6 Skilled Worker SK07 B — Sub- 7 Foreman Stock Keeper Sub - Foreman s SK09 9 Stock Keeper Foreman 10 w 11 U SK12 12 Foreman II Works 319 Appendix "A -5" Training and Development Structure: Building and Inspection Services Job Set IFJobLevel Building and Inspection Services Career Paths Carpentry (E - TRADES) 1 2 CA02 Apprentice I 3 CA03 Apprentice II cue CA04 Apprentice III A 5 6 7 8 CA08 Journeyman Carpenter 9 B — Sub- Foreman 10 CAJO Carpenter Sub - Foreman 11 C - Foreman 12 CA12 Carpenter Foreman 320 Appendix "A -5" Training and Development Structure: Building and Inspection Services Job Set Job Level i Building Maintenance- Custodial BMO1 I Skilled Worker BM02 2 Skilled Worker y BM03 3 3 Skilled Worker ^O BM04 4 Skilled Worker CA I BM05 5 Skilled Worker BM06 6 Skilled Worker s; BM07 ai 7 0 f?i Building Maintenance Sub - Foreman r� I FA 8 321 Appendix "A -6" Training and Development Structure: Customer Service Job Set Job Level Customer Service I Customer Service CS01 1 Skilled Worker CS02 2 Skilled Worker y s. c CS03 3 3 'C Skilled Worker CSO4 4 Skilled Worker j I d CS05 5 Skilled Worker CS06 6 Skilled Worker 322 Appendix "B -1" Training and Career Development Overview *Only when Water & Sanitary System Career stream has in excess of 50% of skilled workers with the two years relevant post secondary education as determined by the Department of the Environment, will employees without that qualification be given consideration for positions of skilled workers in the Water & Sanitary System Career Stream. 323 Training MENNEMinimm-nRequinements Requirements Completed Completed a Minimum 2 Years Relevant Post Secondary Education as determined by the I Department of the Environment (Water & Wastewater Career Path)* Greater than 1 Year Works Experience in the City of Saint John Outside Workforce Class 3 E Drivers License (Works, Parks and Water & Sanitary Systems Career Path) 2 Completed a Minimum 2 Years Relevant Post Secondary Education as determined by the Department of the Environment (Water & Wastewater Career Path)* Greater than 2 Year Works Experience in the City of Saint John Outside Workforce 3 Completed a Minimum 2 Years Relevant Post Secondary Education as determined by the c 3 Department of the Environment (Water & Wastewater Career Path)* Greater than 3 Year Works Experience in the City of Saint John Outside Workforce v' i 4 Completed a Minimum 2 Years Relevant Post Second Education as determined b the P �1' Y Q Department of the Environment (Water & Wastewater Career Path)* Greater than 5 Year Works Experience in the City of Saint John Outside Workforce 5 Completed a Minimum 2 Years Relevant Post Secondary Education as determined by the Department of the Environment (Water & Wastewater Career Path)* Greater than 7 Year Works Experience in the City of Saint John Outside Workforce 6 Completed a Minimum 2 Years Relevant Post Secondary Education as determined by the Department of the Environment (Water & Wastewater Career Path)* *Only when Water & Sanitary System Career stream has in excess of 50% of skilled workers with the two years relevant post secondary education as determined by the Department of the Environment, will employees without that qualification be given consideration for positions of skilled workers in the Water & Sanitary System Career Stream. 323 324 2 Years Relevant Experience in the Broad Area of Service: All except Stores & Building Maintenance �s 5 Years Relevant Experience in Any Area of Service Introduction to Supervision Class 3E Driver's License (where applicable) o Job Coaching � Level 1 Certification (s) (Saint John Water & Wastewater Career Path) Horticulture Diploma (Parks Career Path) Resource Management OH &S1I 6 Years Relevant Experience in Career Field Introduction to 9 Level 2 Certification(s) (Saint John Water & Wastewater Career Path) Administration Effective Communication 8 0 , Program Management U 12 Basic Emergency 8 Years Relevant Experience in Career Field Preparedness Level 3 Certification(s) (Saint John Water & Wastewater Career Path) 15 Note: Job Level 15 applies to Water & Wastewater Only 324 Appendix "13-2" Training and Career Development Overview - Trades 325 Job Job Minimum Requirements Training Requirements Set Level Completed 2 Apprentice I (Fleet Trades & Carpentry) Apprentice 11 (Fleet Trades & Carpentry) 3 Instrumentation Trades 4 Apprentice III (Fleet Trades & Carpentry) ow 6 Instrumentation Tech v L 8 Journeymen (Fleet Trades & Carpentry) F- A 10 Journeyman (Instrumentation) CFS Common Fundamentals CFS Wastewater Treatment or CFS Water Treatment 12 Journeyman 11 (Instrumentation) Wastewater Treatment LV1 or Water Treatment LVI Clean Water Act Inspector Course 5 Years Relevant Experience in the Broad Area of Service Introduction to Supervision 10 Relevant Journeyman Status F° Job Coaching i 325 326 Resource Management OH &SII c C° 7 Years Relevant Experience in Career Field Introduction to Administration 0 12 � Relevant Journeyman Status Effective Communication U Program Management Basic Emergency Preparedness 326 SCHEDULE "B" WAGE RATE TABLE FOR PERMANENT EMPLOYEES SKILLED WORKER, SUPERVISORY AND TRADES JOB SETS 327 Job 0 Level Way Factor Pay Rates Jan 1st, 2011 - Skilled Worker, Specialist and Jan 1st, 2013 Supervisory Job Sets Jan 1st, 2014 Jan 1st, 2012 Adjustment Factor 1 1.0000 20.32 20.93 21.24 2 1.0275 20.88 21.51 21.82 3 1.0550 21.44 22.08 22.41 4 1.0825 22.00 22.66 22.99 5 1.1100 22.56 23.23 23.58 6 1.1375 23.12 23.81 24.16 7 1.1650 23.68 24.38 24.74 8 1.1925 24.24 24.96 25.33 9 1.2200 24.80 25.53 25.91 10 1.2475 25.35 26.11 26.46 11 1.2750 25.91 26.69 27.08 12 1.3025 26.47 27.26 27.67 13 1.3300 27.03 27.84 28.25 14 1.3575 27.58 28.41 28.83 15 1.3850 28.14 28.99 29.42 As applicable, in accordance with appendices to Schedule "A ". 327 SCHEDULE "C " - DELETE 328 SCHEDULE "D" DISPATCHER /DUTY PERSON AND CUSTOMER SERVICES SKILLED WORKER HOURS OF DUTY AND RELATED MATTERS PURPOSE This schedule covers hours of work as well as related terms and conditions for the positions of Dispatcher /Duty Person and Customer Service Skilled Worker. PARTICULARS Hours of Work Eight shift positions shall exist with two employees assigned to each shift: Day 1 8 am - 6 pm (10 hours) Day 2 8 am - 6 pm (10 hours) Night 3 6 pm - 8 am (14 hours) Night 4 6 pm - 8 am (14 hours) Off 5 Off Duty Off 6 Off Duty Off 7 Off Duty Off 8 Off Duty Shift Schedule The work days for the shift positions will be as per the shift schedule attached as Appendix "A ". The schedule follows an 8 -week (56 —day) cycle with employees working a "4 shifts on /4 shifts off" concept. This represents an average of 42 hours per week over the eight -week cycle. Shift Differential The shift differentials identified in Article 14:02 will not apply to this classification. The rate of pay for this classification reflects the requirements to work the rotating shifts identified in this Schedule. "Day" Shift The "day" shift will be from 8:00 am to 6:00 pm - 10 hours. "Night" Shift The "night" shift will be from 6:00 pm to 8:00 am the following day - 14 hours. "Off" "Off" means those days when a Dispatcher /Duty Person or Customer Service Skilled Worker is off duty. Business Hours The portion of the "day" shift that occurs during normal hours of operation between 8:00 am and 4:30 pm, Monday to Friday. Regular Weekly Employees working the above shift schedule will be paid at a rate of 42 straight Pay time hours per week. Vacation Vacation shall be scheduled by seniority in each of the four shifts identified. Unscheduled Unscheduled work absences, which occur on short notice and for which the shift 329 Absences partner is unavailable, during times that are not considered to be business hours, will be filled by calling an off duty employee from the Customer Service Skilled Worker (Dispatcher /Duty Person) job set in accordance with Article 13:09 at the overtime rate. Overtime Any work performed in excess of the hours defined herein shall be considered as overtime and paid at the rate of time and one -half for the first four hours and double time thereafter until his next regular shift begins. Overtime Call In Article 13:09 of the Working Agreement shall apply subject to the following criteria: only off duty personnel will be eligible for overtime call -in; and an employee will not be eligible to work consecutive shifts. An employee may be required to work a shift extension (maximum 16 hours of continuous work including regular shift and extension), should an off -duty person not be immediately available. Equivalent Hours The entitlements for annual vacation, statutory holidays, floating holidays, sick leave, other leaves, and compensatory time will be computed in equivalent hours rather than days or weeks. Equivalent hours will be equal to 42 hours per week or 8.4 hours per day. Statutory Employees required to work rotating shifts identified in this schedule will be Holidays entitled to 11 days of statutory time in lieu of statutory holidays. Refer to paragraph above concerning "equivalent hours ". Employees may choose to take time off at a time mutually selected or as pay. Job Posting Permanent Customer Service Skilled Worker positions as outlined in Appendix "A -6" shall be posted and filled in accordance with this Schedule and Article 10. In addition, only qualified employees in Water & Sanitary Systems or Works Career Path will be eligible to apply for Permanent Customer Service Skilled Worker position. Employees in the Customer Service Path may apply for Sub - Foreman — Level 7 positions if they are qualified. Employees in Customer Service will not be eligible to apply for Foreman or Operator positions. Career All articles in the collective agreement pertaining to the Outside Work Force Development Career Development System will apply. 330 APPENDIX "A" TO SCHEDULE "D" SHIFT SCHEDULE DISPATCHER / DUTY PERSONS AND CUSTOMER SERVICE SPECIALISTS Cycle Day Day of Week Shift Cycle Day Day of Week Shift A B C D --A 7B C D 1 Sun D - - N 29 Sun - N D - 2 Mon D - - N 30 Mon - N D - 3 Tue N D - - 31 Tue - - N D 4 Wed N D - - 32 Wed - - N D 5 Thu - N D - 33 Thu D - - N 6 Fri - N D - 34 Fri D - - N 7 Sat - - N D 35 Sat N D - - 8 Sun - - N D 36 Sun N D - - 9 Mon D - - N 37 Mon - N D - 10 Tue D - - N 38 Tue - N D - 11 Wed N D - - 39 Wed - - N D 12 Thu N D - - 40 Thu - - N D 13 Fri - N D - 41 Fri D - - N 14 Sat - N D - 42 Sat D - - N 15 Sun - - N D 43 Sun N D - - 16 Mon - - N D 44 Mon N D - - 17 Tue D - - N 45 Tue - N D - 18 Wed D - - N 46 Wed - N D - 19 Thu N D - - 47 Thu - - N D 20 Fri N D - - 48 Fri - - N D 21 Sat - N D - 49 Sat D - - N 22 Sun - N D - 50 Sun D - - N 23 Mon - - N D 51 Mon N D - - 24 Tue - - N D 52 Tue N D - - 25 Wed D - - N 53 Wed - N D - 26 Thu D - - N 54 Thu - N D - 27 Fri N D - - 55 Fri - - N D 28 Sat N D - - 56 1 Sat - - N D 331 TRANSITION LETTER OF AGREEMENT NEW EMPLOYMENT STRUCTURE BETWEEN THE CITY OF SAINT JOHN, a body corporate in the County of Saint John in the Province of New Brunswick, hereinafter referred to as the "EMPLOYER" of the first part, 'l � LOCAL NO. 18, CANADIAN UNION OF PUBLIC EMPLOYEES, hereinafter referred to as the "UNION" of the second part. GENERAL The Employer and the Union agree that a new employment structure for permanent employees, based on a series of career paths within the various broad areas of municipal service, shall be introduced effective January 1St, 2012. Sub - Foreman Positions will be posted and filled in accordance with Article 10. IMPLEMENTATION 2. Step 1: Employees in the specialist classification (appendix 1") will remain in the career paths outlined in Appendix "6 -1 "— "6 -5 ". They will remain in that career path until such a time as the employee applies and receives an appointment to another position. If a Level 7 Specialist applies and receives an appointment to another position in the career path he will be placed in a Skilled Worker Position at a level 7. Appendix "1" will be continuously updated to reflect any and all changes. 3 Step 2: Sub - Foreman Positions will be posted and filled in accordance with Article 10. 4. Step 3: Current career training to be assessed based on the new employment structure and the needs of the incumbents. 5. Step 4: Employees promoted after 2002 into the entry Level specialist position will be placed in the higher Level Specialist position. These employees are identified in Appendix "2 ". 6. Step 5: Progression in the Skilled Worker Job Set will be implemented as of January 1St 2012. 7. Step 6: Employees hired before 2002 and currently at a Level 3 will be placed in a Level 6 Skilled Worker Position upon successfully achieving a class 3 license. Theywill be required to fulfill the full duties of a Skilled Worker. If they do not achieve their class 3 license and do not fulfill the full duties of the position they are to remain a Level 3 Skilled Worker. These employees are identified in Appendix "3 ". 332 Appendix "Y will be continuously updated to reflect any and all changes. 8. Step 7: Employees hired before 2002 and currently at a level 5 specialist will be placed in a Level 6 Skilled Worker. These employees are identified in Appendix "4 ". 9. Step 8: Employees in the Trades Job set who were hired before January 1St, 2012 will be placed at a Level 10 Journeyman Trades Specialist upon successful completion of red seal journeyman ticket in the associated trade. These employees are identified in Appendix "5" CLARIFICATION 10. All employees currently in Accommodated Positions will remain at their current level. 11. Through attrition, promotion and transfer all Level 7 Specialist and Level 7 Skilled Worker positions will be eliminated. The only positions that will be posted at Level 7 will be Sub - Foreman. 12. Through attrition, promotion and transfer all Level 10 Journeyman Trades Specialist will be eliminated. The only positions that will be posted at Level 10 will be Sub - Foreman. This transition letter of agreement forms part of the collective agreement dated this day of 2012. 333 APPENDIX "1" to TRANSITION LETTER OF AGREEMENT As of March 15th, 2012 NAME SPECIALIST CLASSIFICATION Service Area Position Level 1. ALCHORN, David PW &T Transportation System Specialist 7 2. ANDREWS, Michael W PW &T Asphalt Pavement Specialist 7 3. ARSENAULT, Gary CS Customer Service Specialist 7 4. AYLES, Kevin W &WW WT Maintenance Specialist 7 5. BENSON, Randy W &WW W &S Main /Repair Specialist 7 6. BERNARD, Stephen CS Customer Service Specialist 7 7. BEYEA, Lawrence W &WW W &S Main /Repair Specialist 7 8. BLIZZARD, Harold LS Parks Specialist 7 9. BLIZZARD, David LS Parks Specialist 7 10. BOGLE, George PW &T PW Heavy Equipment Specialist 7 11. BOWLAND, James PW &T Transportation System Specialist 7 12. BURY, Joel W &WW WT Maintenance Specialist 7 13. BUSSON, Emsley W &WW WWT Maintenance Specialist 7 14. CAMPBELL, Paul PW &T Streets & Traffic Specialist 7 15. CHISHOLM, Mark PW &T Streets & Traffic Specialist 7 16. CLIFFORD, Alan PW &T Transportation System Specialist 7 17. COMEAU, Rodriquez W &WW WT Maintenance Specialist 7 18. CONWAY, Gregory PW &T PW Heavy Equipment Specialist 7 334 NAME SPECIALIST CLASSIFICATION Service Area Position Level 19. CORNISH, Steven PW &T Transportation Equipment Specialist 7 20. CORSCADDEN, Stewart PW &T Transportation Equipment Specialist 7 21. DEMPSEY, David PW &T Solid Waste Specialist 7 22. DOUCETTE, Lucien PW &T PW Construction Eqpt. Specialist 8 23. DUFFY, Michael PW &T PW Heavy Equipment Specialist 7 24. EATMAN, Raymond LS Parks Specialist 7 25. EATMON, Harold W &WW W &S Main /Repair Specialist 7 26. FRIGAULT, Gerald LS Parks Specialist 7 27. FRIGAULT, Allan LS Parks Specialist 7 28. GALLANT, Lawrence PW &T Streets & Traffic Specialist 7 29. GAUDET, Christopher LS Parks Specialist 7 30. GILLETTE, Kevin W &WW WWT Maintenance Specialist 7 31. GILLILAND, Kevin PW &T PW Heavy Equipment Specialist 7 32. GOULD, Jon LS Parks Specialist 7 33. GRAHAM, Paul PW &T PW Heavy Equipment Specialist 7 34. GRANT, Kevin LS Parks Specialist 7 35. GRANT, Daniel PW &T Asphalt Pavement Specialist 7 36. GREEN, Mark PW &T Streets & Traffic Specialist 7 37. HANSON, Blayne PW &T Transportation System Specialist 7 38. HARDING, John PW &T Transportation System Specialist 7 335 NAME SPECIALIST CLASSIFICATION Service Area Position Level 39. HATFIELD, Gary PW &T PW Heavy Equipment Specialist 7 40. HENDERSON, Stephen PW &T Asphalt Pavement Specialist 7 41. HOPEY, Gary PW &T PW Construction Eqpt. Specialist 8 42. HUMPHREY, Richard PW &T PW Heavy Equipment Specialist 7 43. HYNES, Chesley CS Customer Service Specialist 7 44. JACQUART, Brian M &FM Stock Specialist 7 45. KEATING, Michael LS Parks Specialist 7 46. KELLY, Stephen PW &T Asphalt Pavement Specialist 7 47. KEMP, Carl W &WW W &S Main /Repair Specialist 7 48. KIERSTEAD, Beatty W &WW WWT Maintenance Specialist 7 49. KIEU, Phem PW &T Asphalt Pavements Specialist 7 50. KINCADE, Michael PW &T Transportation System Specialist 7 51. KINGSTON, M. Blaine PW &T Asphalt Pavement Specialist 7 52. LAVIGNE, Jeffrey PW &T Transportation System Specialist 7 53. LAWLOR, George PW &T Asphalt Pavement Specialist 7 54. LEBLANC, Claude PW &T PW Heavy Equipment Specialist 7 55. MacKENZIE, Timothy PW &T Streets & Traffic Specialist 7 56. MACKIN, Patrick W &WW W &S System PM Specialist 7 57. MacRAE, Ronald CS Customer Service Specialist 7 58. MAHER, James LS Parks Specialist 7 336 NAME SPECIALIST CLASSIFICATION Service Area Position Level 59. MARR, Brian W &WW WT Maintenance Specialist 7 60. MASON, Scott W &WW WWT Maintenance Specialist 7 61. McALLISTER, Michael MUM Service Truck Specialist 7 62. McCARTHY, Kenneth PW &T Asphalt Pavements Specialist 7 63. McCONKEY, Brock W &WW WT Maintenance Specialist 7 64. McDEVITT, Anthony P. PW &T Streets & Traffic Specialist 7 65. McDONALD, Calvin PW &T Asphalt Pavements Specialist 7 66. McGRATH, Barry LS Parks Specialist 7 67. McGRATH, Thomas PW &T Asphalt Pavement Specialist 7 68. McGRAW, Benny PW &T Transportation System Specialist 7 69. McKENZIE, Mark W &WW W &S System PM Specialist 7 70. MELANSON, Robert J. PW &T PW Heavy Equipment Specialist 7 71. MICHAELSON, Fred CS Customer Service Specialist 7 72. NEAL, Walter PW &T Streets & Traffic Specialist 7 73. NEVES, Kenneth W &WW WWT Maintenance Specialist 7 74. NEWMAN, Adam W &WW WWT Maintenance Specialist 7 75. O'BRIEN, David PW &T Asphalt Pavements Specialist 7 76. OLIVER, Frank J. PW &T PW Heavy Equipment Specialist 7 77. PARKS, Ralph PW &T Streets & Traffic Specialist 7 78. PERRY, John W &WW W &S System Specialist 7 337 NAME SPECIALIST CLASSIFICATION Service Area Position Level 79. PINED, James W &WW W &S Main /Repair Specialist 7 80. PYE, Richard PW &T Transportation System Specialist 7 81. RATCLIFFE, Barry PW &T Transportation System Specialist 7 82. REID, Matthew PW &T Asphalt Pavement Specialist 7 83. RICHARD, Patrick CS Customer Service Specialist 7 84. RING, John PW &T PW Heavy Equipment Specialist 7 85. RINGUETTE, Robert W &WW WWT Maintenance Specialist 7 86. ROBERTSON, Joseph PW &T Streets & Traffic Specialist 7 87. SABEAN, Gary M &FM Stock Specialist 7 88. SAUNDERS, Michael PW &T Transportation System Specialist 7 89. SAVOY, Edward CS Customer Service Specialist 7 90. SEAWARD, Sean W &WW W &S Main /Repair Specialist 7 91. SHAW, Anthony PW &T PW Heavy Equipment Specialist 7 92. SKERRY, Rodney PW &T Streets & Traffic Specialist 7 93. SKERRY, Joseph W &WW Utility Services Specialist 7 94. SPEIGHT, Mark PW &T PW Heavy Equipment Specialist 7 95. STACKHOUSE, George PW &T PW Heavy Equipment Specialist 7 96. STEWART, Robert PW &T Streets & Traffic Specialist 7 97. STIRLING, George PW &T Transportation System Specialist 7 98. STONE, Dan W &WW W &S System PM Specialist 7 338 NAME SPECIALIST CLASSIFICATION Service Area Position Level 99. THOMAS, Gordon LS Parks Specialist 7 100.THOMPSON, Daryl W &WW W &S Main /Repair Specialist 7 101.THORNE, Nelson PW &T Streets & Traffic Specialist 7 102.VAUTOUR, Kristopher PW &T Asphalt Pavements Specialist 7 103.VAUTOUR, Arthur PW &T Solid Waste Specialist 7 104.WALSH, L. Eric PW &T Transportation System Specialist 7 105.WHELTON, Brian W &WW Utility Services Specialist 7 106.WHITE, Christopher W &WW W &S Main /Repair Specialist 7 107.WILLIAMS, Charles W &WW WT Maintenance Specialist 7 108.WILSON, Robert M &FM Stock Specialist 7 109.WRIGHT, Wayne PW &T PW Heavy Equipment Specialist 7 110.ZED, Kevin B &IS Building Maintenance Specialist 7 111.CHRISTIANSEN, Charles M &FM Stock Specialist 7 112.HAYWARD, Dale M &FM Stock Specialist 7 113.JOHNSON, Christopher W &WW Utility Services Specialist 7 114.JOHNSTON, Wayne M &FM Stock Specialist 7 115.JORGENSEN, Stephen W &WW Utility Services Specialist 7 339 APPENDIX "2" to TRANSITION LETTER OF AGREEMENT. NAME Career Path New Career Path 1. GUTHRIE, Thomas Leisure Services Specialist Leisure Services Level 5 Specialist Level 7 2. HICKS, Kevin PW Asphalt Specialist Level 5 PW Work Specialist Level 7 3. HOLDITCH, Michael PW Asphalt Specialist level 5 PW Work Specialist Level 7 4. KEENAN, Joshua PW Asphalt Specialist level 5 PW Work Specialist Level 7 11. JOHNSON, Christopher WS Water & Sanitary Systems WS Water & Sanitary 5. KEENAN, Michael Specialist Level 5 Systems Specialist Level 12. JOHNSTON, Wayne Stockkeeper Specialist Level 5 7 13. JORGENSEN, Stephen WS Wastewater Treatment WS Wastewater 6. McDONOUGH, Mark Specialist Level 5 Treatment Specialist 14. CHRISTIANSEN, Charles Stockkeeper Specialist Level 5 Level 7 7. PAPENHAUSEN, Quentin PW Asphalt Specialist level 5 PW Work Specialist Level 7 8. VAUTOUR, Kristopher PW Asphalt Specialist level 5 PW Work Specialist Level 7 9. WHALEN, Peter PW Asphalt Specialist level 5 Asphalt Pavement Specialist Level 7 10. HAYWARD, Dale Stockkeeper Specialist Level 5 Stock Specialist Level 7 11. JOHNSON, Christopher Meter /Hydrant Tech Specialist Utility Services Specialist Level 5 Level 7 12. JOHNSTON, Wayne Stockkeeper Specialist Level 5 Stock Specialist Level 7 13. JORGENSEN, Stephen Meter /Hydrant Tech Specialist Utility Services Specialist Level 5 Level 7 14. CHRISTIANSEN, Charles Stockkeeper Specialist Level 5 Stock Specialist Level 7 15. DENTON, Michael Journeyman Carpenter Level 8 Journeyman Carpenter Level 10 340 NAME Career Path New Career Path 16. SMITH, Shaughn Journeyman Carpenter Level 8 Journeyman Carpenter Level 10 17. KIRKPATRICK, Troy Journeyman Carpenter Level 8 Journeyman Carpenter Level 10 18. McKENZIE, Justin Journeyman Fleet Trades Level Journeyman Fleet Trades 8 Level 10 19. HANNAH, Sean Journeyman Fleet Trades Level Journeyman Fleet Trades 8 Level 10 20. LAHEY, Sean Journeyman Fleet Trades Level Journeyman Fleet Trades 8 Level 10 21. REYNOLDS, Michael Journeyman Fleet Trades Level Journeyman Fleet Trades 8 Level 10 341 APPENDIX "3" to TRANSITION LETTER OF AGREEMENT NAME Skilled Worker 1. CHRISTIANSEN, Stephen Level 3 Skilled Worker 2. HACHE, Ron Level 3 Skilled Worker 3. LEBLANC, Don Level 3 Skilled Worker 4. MORTON, David Level 3 Skilled Worker 5. LYNCH, Brad Level 3 Skilled Worker 6. POWER, Mike Level 3 Skilled Worker 7. EDISION, Dan Level 3 Skilled Worker 342 APPENDIX "4" to TRANSITION LETTER OF AGREEMENT NAME SPECIALIST CLASSIFICATION Service Area Position Level 1. ANSON, David PW &T Skilled Worker 6 2. AUBIE, Stan Parks Skilled Worker 6 3. BLANCHARD, Terrance W &WW Skilled Worker 6 4. CAMPBELL, Daniel PARKS Skilled Worker 6 5. FORDHAM, William PW &T Skilled Worker 6 6. HATFIELD, Blake PARKS Skilled Worker 6 7. HAYES, Robert W &WW Skilled Worker 6 8. LAWSON, Grant PARKS Skilled Worker 6 9. LAWSON, Roderick PARKS Skilled Worker 6 10. MAKEPEACE, David PW &T Skilled Worker 6 11. RASCH, Stephen PW &T Skilled Worker 6 12. REYNOLDS, James CS Skilled Worker 6 13. RICHARD, Ross W &WW Skilled Worker 6 14. RYAN, Victor PARKS Skilled Worker 6 343 APPENDIX "5" to TRANSITION LETTER OF AGREEMENT NAME Position 1. RANDLES, Matt Journeyman Auto Mechanic 6 2. CORSCADDEN, Kevin Journeyman Auto Mechanic 6 3. RAMOS, Jessie Journeyman Auto Mechanic 6 344 APPENDIX "6" TO TRANSITION LETTER OF AGREEMENT Appendix "6 -1" Training and Development Structure: Water and Wastewater 345 Job Job Career Set Level Water & Wastewater Paths a UWO1 (Training & Development Block) Instrumentation 1 Labourer (E - TRADES) A 2 Wa UW03 IN03 .a 3 Skilled Utility Worker Instr'n Trainee 4 Water & Sanitary Systems Utility Services Water Wastewater Treatment Treatment Instrumentation (E - TRADES) UE05 WS05 US05 WT05 WW05 F 5 Hvy Eqpt Op /Wkr W &S Pipelayer/Egpt Op Meter/Hydrant Tech WT Maint Tech WWT Maint Tech a IN06 6 histr'n Tech U UE07 WS07 PM07 US07 WT07 WW07 7 W &S Hvy Eqpt � W &S Maint/Rep W &S System Utility Services WT Maintenance WWT Maintenance A Specialist Specialist PM Specialist Specialist Specialist Specialist 8 F-]F-- Water & Sanitary Systems Utility Services Water Treatment Wastewater Treatment WS09 US09 WT09 WW09 9 Cert Op I WD /WWC Cert Op I WD Cert Op I WT Cert Op I WWT Oz IN10 � 10 whistr'n Journeyman U WS12 US12 WT12 WW12 IN12 12 Cert Op H WD/WWC Cert Op II WD Cert Op 11 WT Cert Op II WWT Instr'n Specialist Wastewater Collection Water Distribution Water Treatment Wastewater Treatment Instrumentation (E - TRADES) 13 14 a x WC15 WD 15 WT15 WW 15 15 W Certified Operator III WWC Certified Operator III WD Certified Op III WT Cert Op III WWT Ad W 16 17 A WC18 WD18 WT18 WW 18 18 Certified Operator IV WWC Certified Operator W WD Certified Op IV WT Cert Op IV WWT 345 Appendix "6 -2" Training and Development Structure: Public Works and Transportation 346 Job Job Set Level Public Works and Transportation Career Paths SWOT (Training & Development Block) 1 Labourer O A 2 aSW03 3 Skilled Services Worker d 4 Construction & Maintenance Streets & Traffic Solid Waste Svcs AS05 CM05 TE05 ST05 SW05 5 Asphalt Pavements Transportation PW Heavy Eqpt Streets & Traffic Solid Waste Eqpt Op/Raker Eqpt Op/Worker Operator/Worker Eqpt Op/Worker Eqpt Op/Worker F 6 AS07 CM07 TE07 ST07 SW07 FU 7 Asphalt Pavements Transportation System PW Heavy Eqpt Streets & Traffic Solid Waste Specialist Specialist Specialist Specialist Specialist TE08 8 PW Construction Eqpt Specialist Transportation Services Works Services TN09 GS09 9 aTransportation O Foreman I Works Services Foreman I 5 to a a 11 TN 12 GS 12 U 12 Transportation Foreman H Works Services Foreman H Transportation Services General Services a x 13 CG 14 W W TN15 GS15 ►a 15 ADistrict General Foreman Services General Foreman 346 Appendix "6 -3" Training and Development Structure: Leisure Services (Recreation and Parks) Job Set Leve �I 0., LSOI (Training & Development Block) x 1 Labourer O 2 A a LS03 3 Skilled Parks Worker 4 LS05 5 F" Parks Attendant CA a 6 U pW LS07 1? 7 M Parks Specialist 8 LS09 y 9 Foreman I OParks j 10 a a 11 LS 12 U 12 Parks Foreman H 13 a 14 W A W LS15 ►a 15 AParks General Foreman 347 Appendix "6 -4" Training and Development Structure: Materials and Fleet Management i • Job Job Set Level - 1 Fleet Trades (Mechanical/Small Engines /Autobody/Welding) CC (E - TRADES) FL02 (Training & Development Block) O 2 3 Fleet Trades Apprentice I WFL03 3 Fleet Trades Apprentice II d FL04 4 Fleet Trades Apprentice III Stores Service Truck Fleet Trades (E - TRADES) SK05 ST05 5 Stockkeeper Service Truck Op F~ FL06 6 Journeyman Auto Mechanic ,.� M U pW„ SK07 ST07 7 0.1 Stock Specialist Svc Truck Specialist FL08 8 Journeyman Fleet Trades Stores SK09 9 Supply Foreman I O FL10 10 Journeyman Fleet Trades Specialist W P. 11 Fleet Trades (E - TRADES) U SK12 FL12 12 Supply Foreman II Fleet Trades Foreman Stores Fleet Services 13 a 14 W FL15 .a 15 AFleet General Foreman i • Appendix "6 -5" Training and Development Structure: Building and Inspection Services Job Set Job Level Building and Inspection Services Carce ' Building Maintenance Carpentry (E - TRADES) BMO1 1 Labourer CA02 O 2 Apprentice I A Wa BM03 CA03 W 3 9 Skilled Maintenance Worker Apprentice II d' CA04 4 Apprentice III BM05 5 Building Maintenance Attendant F 6 U BM07 7 Building Maintenance Specialist A CA08 8 Journeyman Carpenter BM09 9 Building Maintenance Foreman I a O cA10 to Journeyman Carpenter Specialist W W 11 Carpentry Services U BM12 CA12 12 Building Maintenance Foreman H Carpenter Foreman Building Services 0. 13 x a 14 W A W BS15 15 LLP� Building Services General Foreman 349 LETTER OF AGREEMENT LOSS OF INCOME OPTION Current Contract LETTER OF AGREEMENT WORKPLACE QUALITY AND WELLNESS CURRENT CONTRACT 350 jl'j April 4, 2012 Dear Mayor and Council: Subject: Proposed amendments to Heritage Development Board Policy Background; At Council March 12, Commissioner Forrest presented recommendations on heritage fees and heritage policy amendments. Council considered letters received, homeowners present and the Heritage Development Board (HDB)report. Council passed a motion to confirm that there will be another opportunity for the HDB to address Council re grant policies and enough time to prepare. Commissioner Forrest returned to Council March 26 with similar heritage policy recommendations. As of April 3 the HDB has not advised Council as directed by motion. Analysis: Saint John's heritage assets are a key economic driver. Council established the Heritage Development Board with distinct roles and responsibilities. In past 25 years Saint John has become the top Canadian city in heritage policies and the top city in real results on the ground. Council allocates an annual grant to the HDB. This year the grants and budgets for most boards and departments are reduced. It does not follow that budget dictates core policy. The police will still police, fire will still fight fires and the HDB will still work with property owners to preserve our heritage asset. The HDB prides itself on making consistent decisions, based on established policy, as difficult as that may be at times. There is a clear distinction between the HDB and Planning and Development department. At the best of times, the independant work of each ,aids the other. However, they are seperate bodies. Neither one can speak for the other. Recommendations: Council deny staff recommendations on heritage policy that is the domain of the HDB. 2. Council request the Heritage Development Board to advise Council of their progress and priorities as required, at least annually. Sincerely,�U�a,✓ H. Braithwaite J I n Pearce 351