2011-08-02_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of Saint John
Common Council Meeting
Monday, August 2, 2011
Location: Common Council Chamber
Supplemental to Agenda
5.18 Harbour Clean -Up Marsh Creek Collector Sewer and Forcemain Installation Project Pipe
Crossings Under CN Tracks
13.2 Committee of the Whole: Outstanding Contributions re: Pension Plan Going Concern
Unfunded Liability
13.3 Committee of the Whole: Appointment of Acting Fire Chief
13.4 Committee of the Whole: Interim Arrangements for Acting City Manager
City of Saint John
Seance du conseil communal
Le Lundi 2 Aout, 2011
Lieu : Salle du conseil communal
Ordre du jour supplementaire
5.18 Projet lie a Pinstallation d'une conduite de refoulement et d'un egout collecteur au
ruisseau Marsh dans le cadre du nettoyage du port — Passage de conduits sous les lignes de
chemin de fer du CN
13.2 Comite plenier : Contributions impayees — Passif a long terme non capitalise du regime de
retraite
13.3 Comite plenier : Nomination dun chef du service d'incendie par interim
13.4 Comite plenier : Arrangements provisoires au sujet du directeur general par interim
REPORT TO COMMON COUNCIL
M &C -2011 -205
July 28, 2011
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Harbour Clean -Up Marsh Creek Collector Sewer and 600mm
Sanitary Forcemain Installation Project
Pipe Crossings Under CN Tracks — Mile 0.18 Courtenay Bay
Spur and Mile 0.62 Dry Dock Spur, 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
forcemain pipe crossings and sanitary main pipe crossings under the CN tracks at
Mile 0.62 Dry Dock Spur, and also at at Mile 0.18 Courtenay Bay Spur, both
located off & between Egbert Street and Bayside Drive. In order to enter upon
these lands, CN requires the City to fulfill certain terms and conditions contained
in four letters from CN dated July 12, 2011, 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 $1,900.00 + HST each for the life of the agreements for the
Dry Dock Spur, and $1,250.00 + HST each for the life of the agreements for the
Courtenay Bay Spur. The Courtenay Bay Spur fees are less because there is no
land cost attributed to it, only administrative fees. Land cost at this location has
already been paid by the City at this location in a previous CN rail crossing in the
immediate vicinity. Such land costs have not previously been paid to CN at the
Dry Dock Spur location. Additional charges for flagging and/or signal locates are
Report to Common Council Page 2
July 28, 2011
supplementary and will be invoiced separately when work has been completed.
The applicable fees for these supplementary services are as per the Appendix 1
document attached to each of the four CN letters.
INPUT FROM OTHER SOURCES:
The City Solicitor's Office has reviewed the documentation attached hereto
pertaining to these four 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 contract has already been let for this work and the construction work is
scheduled to begin 08 August 2011. The City's Project Engineer is satisfied with
the content of the documentation attached hereto, having reviewed same with
Crandall Engineering.
RECOMMENDATION:
1. That the City of Saint John enter into agreement(s) with Canadian
National Railway (CN) to permit the installation of a forcemain pipe
crossing and sanitary main pipe crossing under the CN tracks at Mile 0.18
Courtenay Bay Spur (Saint John), located off Egbert Street, upon the
terms and conditions set by CN in their letters and documents attached to
M &C 2011 - 205 for the sum of $1,250.00+ HST, if applicable, for each
of the crossings.
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 and sanitary main pipe crossing under the CN tracks at Mile 0.62
Dry Dock Spur (Saint John), located off Bayside Drive, upon the terms
and conditions set by CN in their letters and documents attached to M &C
2011 - 205 for the sum of $1,900.00+ HST, if applicable, for each of the
crossings.
3. That the Mayor and Common Clerk be authorized to sign all necessary
documentation.
Report to Common Council
July 28, 2011
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
PW /p
J Patrick Woods, C.G.A.
City Manager
Page 3
CJ\1 Canadlen National
Region de I'Eat du Canada
255 Hump Yard Road
Moncton, (Nouveau- Brunswlck)
E1E 4S3
T616copleur: (506) 853 -2757
YIF:
July 12, 2011
City of Saint John
Municipal Operations and Engineering
175 Rothesay Ave.
St. John, NB
E2J 284
Attention: Kendall Mason, P. Eng
St; John, NB.
Dear Applicant,
Canadian National
Eastern Canada Region
255 Hump Yard Road
Moncton, N.B.
E1 E 4S3
Facsimile: (506) 853 -2757
O /F: 4715- CBS -0.18
Canadian National has no objection to your proposed project to install a forcemain pipe
crossing under a CN track, at Mile 0.18 Courtenay Bay Spur off Mile 0.44 Dry Doc Spur
off Mile 85.35 Sussex S /D, located in St. John, NB providing you meet Transport Canada
standard TC E -10_
With reference to your submission dated May 17, 2011 and attached copy of plan
number M076 -016, 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
■ Copy of Insurance Certificate
■ Cheque for lifetime agreement ($1,250.00 plus HST), payable to:
Canadian National Railway Company
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 ep nalty.
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 $ 10 000 000.
In consideration of the presents, you undertake to pay to CN all costs incurred for this
project. It is understood that you remain responsible for those costs even if the
responsibility of the work is entrusted by another party. Any damage to our property or
facilities as well as any costs incurred by CN for this work shall be invoiced at a later
date.
The following conditions shall be met:
No jacking pit will be allowed on CN's property.
2. A geotechnical laboratory shall be present on site, at your expense, when the work is
being done. The laboratory shall approve the work procedures and exercise a rigid
control of the excavated material to make sure there is no excessive excavation or
settling.
3. If requested, a geotechnical laboratory shall send us, by fax at (506) 853 -2757, a
report on the advancement of the work.
4. Whenever jacking or boring of a pipe is unsuccessful and has to be terminated on
account of an obstruction, the partially jacked or bored pipe shall be cut, left in place
and filled with concrete or grout pumped under pressure. At no time shall a partially
jacked or bored pipe be removed.
5. Excavated material shall be removed, at your expense, from CN's property. This
requirement shall also apply if, during the excavation for which this permission is
granted, you shall excavate material known to be contaminated or which you
recognize, after the excavation, as being contaminated. In the latter case, you
undertake to dispose of such material in accordance with the requirements and
conditions stipulated by all applicable laws and regulations. You hereby waive the
right to make any claims against CN with regard to the quality of the soil found while
excavating the premises.
6. You shall be responsible for locating existing public utilities and if necessary making
arrangements with the concerned authorities
7. On completion of the work, CN's property shall be left in the same or in better
condition than the one prevailing before the work.
All work shall conform to applicable CSA standards.
It is understood that all work will be carried out in accordance with the attached CN
"Safety Guidelines for Contractors and Non -CN Personnel" and "General Rules and
Information ". Please ensure that all personnel accessing CN property have been briefed
on these documents.
It is agreed that you will perform the work in accordance with all applicable laws and
regulations, that you will take the necessary precautions to prevent contamination of the
environment, and that you will save harmless the Railway from any damage to its
property or to the property or other parties affected by the work, and from bodily harm,
including personal injuries or death, to any of its employees, representatives, guests or
other parties, resulting from, in whole or in part, the work you will perform by virtue of
these presents.
This crossing must be installed as shown on plan.
CN retains the right to cancel or interrupt the work without notice and without incurring
any penalty or responsibility whatsoever for railway operation reasons.
It is your responsibility to locate existing public utilities and if necessary make
arrangements with the concerned authorities.
In order for us to proceed with your request, you shall undertake to abide the
aforementioned terms and conditions by having the present letter signed by someone in
authority in you company.
Should you require any additional information, please do 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,
f�
Mark LeBlanc
CN Technical Services
RE: Proposed forcemain 121pe crossing under CN tracks — Mile 0.18 Courtenay Bay
Sur off Mile 4.44 Dry Doc Spur off Mile 85.35 Sussex SID in St. John NB.
We have read and understand the terms and conditions of this letter, and we accept them.
Signed at , this day of 201
PERSON IN CHARGE
Name in print
Title
Signature
Return to the attention of Mark LeBlanc:
mark. leblancacn.ca
Fax: (506) 853 -2757
WITNESS
Name in print
Title
Signature
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STANDARD PIPE AGREEMENT — PROVINCES OTHER THAN QUEBEC
Y/F:
O/F-. 4715- CBS -0.18
AGREEMENT NO.
This Agreement entered into at Province of this
day of '2011.
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY, a corporation
having its head office at 935 de la Gauchetiere Street West,
Montreal, Quebec 1-13B 2M9
(hereinafter called the "Railway ")
AND: CITY OF SAINT JOHN
Municipal Operations and Engineering
175 Rothesay Ave.
St. John, NB
E2J 2B4
(hereinafter called the "Applicant ")
WHEREAS the Railway hereby grants the Applicant the right and privilege to install, use and maintain
a forcemain pipe crossing, within the Railway's right -of -way, at Mile 0.18 Courtenay Bay Spur off
Mile 0.44 Dry Doc Spur off Mile 85,35 Sussex 5 /D, (hereinafter the "works "), in the City of St. John,
Province of New Brunswick, as shown on Plan(s) No. M076 -016 Sheet 10 of 13 (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 Ptan(s) (Appendix A), and in
accordance with Railway requirements respecting safe railway operations, and no works shall proceed
until the Agreement has been signed and the plan(s) has /have been approved by the Railway.
2. The works shall be constructed and at all times maintained in accordance with the Railway Safety Act
and regulations, plans or specifications in force, adopted or approved by Transport Canada respecting
pipe crossings under Railways, including Standards Respecting Pipeline Crossings Under Railways, TC E-
10, effective May 10, 2001 (Appendix B), as amended from time to time, and any subsequent
replacement document, according to the plans and specifications approved by the Railway.
3. No maintenance work shall be done without first obtaining the Railway's consent.
4. Under certain circumstances, before giving its permission to proceed to any work, the Railway
may, at its discretion, assign an inspector to supervise the work to take place on its property. While so
engaged, the inspector's wages and expenses will be chargeable to the Applicant and shall be paid by
the Applicant immediately upon request by the Railway.
5. All costs associated with the construction, the replacement, the use and the maintenance of the
works, including flagging, location of underground 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
-2-
shall immediately pay a non - refundable one -time lump sum of $1,250, 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.
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 past- 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 occur;
on the Premises, or which occurs on other lands as a result of the Applicant's occupation or use of the
Premises.
9.1 a) Notwithstanding the foregoing, in the event that the Railway, at any time, suspects that a
potential source of Environmental Contamination may be either present on the Premises or at risk of
escaping from or onto the Premises to or from the adjoining lands, the Railway shall have the right to
enter upon the Premises, at all reasonable times and from time to time, in order to inspect the
Premises and conduct or require the Applicant to conduct, at the Applicant's expense, such tests as
may be required to verify the condition of the Premises. The Applicant shall, at its expense, take any
and all action as shall be required to prevent such Environmental Contamination from occurring or
escaping from or onto the Premises.
b) The Applicant shall be responsible to notify the Railway of all Environmental
Contamination that the Applicant suspects is occurring on or escaping onto the Premises from
adjacent lands or resulting from third party occupation.
9.2 If the Applicant fails to correct any Environmental Contamination to the satisfaction of the
Railway and any public authority having jurisdiction, the Railway may perform such work by its
employees or agents. The Railway may charge the Applicant from time to time for all the costs
incurred by the Railway in correcting such Environmental Contamination, plus fifteen per cent (15 %)
for overhead, and the Applicant shall pay the Railway's invoice or invoices for such costs within ten
(10) days of receipt of each invoice. In the event such remedial work is carried out by any public
authority, the cost of such work shall be borne by the Applicant.
9.3 The Applicant shall comply with the provisions of any federal, provincial or municipal laws
applicable to the Premises with respect to maintaining a clean environment. If any public authority
having jurisdiction with respect to environmental protection or fire protection requires the
installation of equipment or apparatus on the Premises to improve the environment or to improve
fire protection facilities, then the Applicant shall promptly install such equipment or apparatus or
take such measures as may be required by such public authority. The Applicant shall be solely
responsible for the cost of all work carried out to comply with the requirements of a public authority.
9.4 Upon the termination of this Agreement, the Applicant shall leave the Premises in a clean and
tidy condition, free of any Environmental 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.
-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 ten million dollars ($10,000,000)
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 forthe 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.
St. John, NEI
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,
-4-
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.
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
CANADIAN NATIONAL. RAILWAY COMPANY
Richard K. 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
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CN Canadlen National
Region de I'Est du Canada
255 Hump Yard Road
Moncton, (Nouveau - Brunswick)
E1E 4S3
T6I6copleur: (SO6) 853 -2757
Y /F:
July 12, 2011
City of Saint John
Municipal Operations and Engineering
175 Rothesay Ave.
St, John, NB
E2J 264
Attention: Kendall Mason P. En
Canadian National
Eastern Canada Region
255 Hump Yard Road
Moncton, N -B.
E1 E 4S3
Facsimile: (506) 853 -2757
O /F: 4715 -CBS -0.18
RE: Application fora proposed sa_nitary VILM crossincLunder CN track —Mile 0.18
Courtenay Bay Sur off Mile 0.44 D Doc Sur off Mile 85.35 Sussex SID in St.
John, NB.
Dear Applicant,
Canadian National has no objection to your proposed project to install a sanitary pipe
crossing under a CN track, at Mile 0,18 Courtenay Bay Spur off Mile 0,44 Dry Doc Spur
off Mile 85.35 Sussex S /D, located in St. John, NB providing you meet Transport Canada
standard TC E -10.
With reference to your submission dated May 17, 2011 and attached copy of plan
number M076 -016, 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
■ Copy of Insurance Certificate
Cheque for lifetime agreement ($1,250.00 plus HST), payable to:
Canadian National Railway Company
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 venalty.
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 $ 10 000 000.
In consideration of the presents, you undertake to pay to CN all costs incurred for this
project. It is understood that you remain responsible for those costs even if the
responsibility of the work is entrusted by another 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;
1. No jacking pit will be allowed on CN's property.
2. A geotechnical laboratory shall be present on site, at your expense, when the work is
being done. The laboratory shall approve the work procedures and exercise a rigid
control of the excavated material to make sure there is no excessive excavation or
settling,
3. If requested, a geotechnical laboratory shall send us, by fax at (506) 853 -2757, a
report on the advancement of the work.
4. Whenever jacking or boring of a pipe is unsuccessful and has to be terminated on
account of an obstruction, the partially jacked or bored pipe shall be cut, left in place
and tilled with concrete or grout pumped under pressure. At no time shall a partially
jacked or bared pipe be removed.
5. Excavated material shall be removed, at your expense, from CN's property. This
requirement shall also apply if, during the excavation for which this permission is
granted, you shall excavate material known to be contaminated or which you
recognize, after the excavation, as being contaminated. In the latter case, you
undertake to dispose of such material in accordance with the requirements and
conditions stipulated by all applicable laws and regulations. You hereby waive the
right to make any claims against CN with regard to the quality of the soil found while
excavating the premises.
6. You shall be responsible for locating existing public utilities and if necessary making
arrangements with the concerned authorities
7, On completion of the work, CN's property shall be left in the same or in better
condition than the one prevailing before the work.
All work shall conform to applicable CSA standards.
It is understood that all work will be carried out in accordance with the attached CN
"Safety Guidelines for Contractors and Non-CN Personnel" and "General Rules and
Information ". Please ensure that all personnel accessing CN property have been briefed
on these documents.
It is agreed that you will perform the work in accordance with all applicable laws and
regulations, that you will take the necessary precautions to prevent contamination of the
environment, and that you will save harmless the Railway from any damage to its
property or to the property or other parties affected by the work, and from bodily harm,
including personal injuries or death, to any of its employees, representatives, guests or
other parties, resulting from, in whole or in part, the work you will perform by virtue of
these presents.
This crossing must be installed as shown on plan
CN retains the right to cancel or interrupt the work without notice and without incurring
any penalty or responsibility whatsoever for railway operation reasons.
It is your responsibility to locate existing public utilities and if necessary make
arrangements with the concemed 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
RE: Pro used sanitary pipe crossing under CN tracks — Mile 0.18 Courtenav Bay,
Spur off Mile 0.44 Dry Doc Spur off Mile 85.35 Sussex SID, In St. John, NB.
We have read and understand the terms and conditions of this letter, and we accept them.
Signed at , this day of
PERSON IN CHARGE
Name in print
Title
Signature
Return to the aftention of Mark LeBlanc:
mark. leblanc cn.ca
Fax: (506) 853 -2757
Name in print
Title
Signature
WITNESS
201
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STANDARD PIPE AGREEMENT — PROVINCES OTHER THAN QUEBEC
Y /F:
O/F: 4715- CBS•0.18
AGREEMENT NO.
This Agreement entered into at _
day of 2011.
BETWEEN:
Province of
CANADIAN NATIONAL RAILWAY
having its head office at 935 de
Montreal, Quebec H38 2M9
(hereinafter called the "Railway ")
this
COMPANY, a corporation
la Gaucheti6re Street West,
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 install, use and maintain
a sanitary pipe crossing, within the Railway's right -of -way, at Mile 0.18 Courtenay Bay Spur off Mile
0.44 Dry Doc Spur off Mile 85.35 Sussex S /D. (hereinafter the "works "), in the City of St. John, Province
of New Brunswick, as shown on Plan(s) No. M076 -016 Sheet 11 of 13 (hereinafter the "Plan(s) "),
attached hereto and forming part hereof.
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and
agreements herein and subject to the terms and conditions set out in this Agreement, the parties
agree as follows:
1. The Applicant will carry out the work as shown on the attached Plan(s) (Appendix A), and in
accordance with Railway requirements respecting safe railway operations, and no works shall proceed
until the Agreement has been signed and the plan(s) has/have been approved by the Railway.
2. The works shall be constructed and at all times maintained in accordance with the Railway Safety Act
and regulations, plans or specifications in force, adopted or approved by Transport Canada respecting
pipe crossings under Railways, including Standards Respecting Pipeline Crossings Under Railways, TC E-
10, effective May 10, 2001 (Appendix B), as amended from time to time, and any subsequent
replacement document, according to the plans and specifications approved by the Railway.
3. No maintenance work shall be done without first obtaining the Railway's consent.
4. Under certain circumstances, before giving its permission to proceed to any work, the Railway
may, at its discretion, assign an inspector to supervise the work to take place on its property. While so
engaged, the inspector's wages and expenses will be chargeable to the Applicant and shall be paid by
the Applicant immediately upon request by the Railway.
5. All costs associated with the construction, the replacement, the use and the maintenance of the
works, including flagging, location of underground 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
- z -
shall immediately pay a non - refundable one -time lump sum of $1,250, 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.
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.
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.
-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 ten million dollars ($10,000,000)
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 parry 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.
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,
-4-
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.
IN WITNESS WHEREOF the parties hereto have executed these presents as of the day and year first
above written.
CANADIAN NATIONAL RAILWAY COMPANY
Witness for the Railway Richard K Paton
Regional Manager, Eastern Canada
I am authorized to bind the Company
Witness for the Applicant
APPLICANT
Name:
Title:
I am authorized to bind the Company
Witness for the Applicant Name:
Title:
I am authorized to bind the Company
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CJ\1 Canadian National
Region de I'Est du Canada
255 Hump Yard Road
Moncton, (Nouveau - Brunswick)
E1 E 4S3
T614copieur: (506) B53 -2757
Y /F:
July 12, 2011
City of Saint John
Municipal Operations and Engineering
175 Rothesay Ave.
St. John, NB
E2J 2B4
Attention: Kendall Mason, P. Enn
Canadian National
Eastern Canada Region
255 Hump Yard Road
Moncton, N.B.
E1 E 4S3
Facsimile: (506) 853 -2757
O /F: 4715- DDS -0.62
RE: APP Lcation fora proposed forcemain pipe crossina on CN Property — Mile
0.62 Dry Doc Spur off Mile 86.35 Sussex S /D. in St John, NB.
Dear Applicant,
Canadian National has no objection to your proposed project to install a forcemain pipe
crossing on CN property, at Mile 0,62 Dry Doc Spur off Mile 85.35 Sussex S /D, located in
St. John, NS providing you meet Transport Canada standard TC E -10.
With reference to your submission dated May 17, 2011 and attached copy of plan
number M076 -016 Sheet 12 of 13, 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
• Copy of Insurance Certificate
• Signed Agreements (3)
• Cheque for lifetime agreement ($1900.00 plus HST), payable to
Canadian National Railway Company
The engineering, agreement, and administration fees associated with this application will
be $1900.00 + HST. Additional charges for flagging and /or signal locates will be invoiced
when work has been completed. The applicable fees for flagman and/or signal locates
are as per attached Appendix 1.
After receipt of these documents, an AUTHORISATION # will be issued, along with Track
Supervisor contact information.
If you perform the work without any CN flagman being present, an amount of $ 5000
shall be billed to you as a eQ nalty.
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 $ 10 000 000.
In consideration of the presents, you undertake to pay to CN all costs incurred for this
project. It is understood that you remain responsible for those costs even if the
responsibility of the work is entrusted by another party. Any damage to our property or
facilities as well as any costs incurred by CN for this work shall be invoiced at a later
date.
The following conditions shall be met:
1. No jacking pit will be allowed on CN's property.
2. A geotechnical laboratory shall be present on site, at your expense, when the work is
being done, The laboratory shall approve the work procedures and exercise a rigid
control of the excavated material to make sure there is no excessive excavation or
settling.
3. If requested, a geotechnical laboratory shall send us, by fax at (508) 853 -2757, a
report on the advancement of the work.
4. Whenever jacking or boring of a pipe is unsuccessful and has to be terminated on
account of an obstruction, the partially jacked or bored pipe shall be cut, left in place
and filled with concrete or grout pumped under pressure, At no time shall a partially
jacked or bored pipe be removed.
5. Excavated material shall be removed, at your expense, from CN's property. This
requirement shall also apply if, during the excavation for which this permission is
granted, you shall excavate material known to be contaminated or which you
recognize, after the excavation, as being contaminated. In the latter case, you
undertake to dispose of such material in accordance with the requirements and
conditions stipulated by all applicable laws and regulations. You hereby waive the
right to make any claims against CN with regard to the quality of the soil found while
excavating the premises.
8. You shall be responsible for locating existing public utilities and if necessary making
arrangements with the concerned authorities
7. On completion of the work, CN's property shall be left in the same or in better
condition than the one prevailing before the work.
All work shall conform to applicable CSA standards.
It is understood that all work will be carried out in accordance with the attached CN
"Safety Guidelines for Contractors and Non -CN Personnel" and "General Rules and
Information ". Please ensure that all personnel accessing CN property have been briefed
on these documents.
It is agreed that you will perform the work in accordance with all applicable laws and
regulations, that you will take the necessary precautions to prevent contamination of the
environment, and that you will save harmless the Railway from any damage to its
property or to the property or other parties affected by the work, and from bodily harm,
including personal injuries or death, to any of its employees, representatives, guests or
other parties, resulting from, in whole or in part, the work you will perform by virtue of
these presents.
This crossing must be installed as shown on plan.
CN retains the right to cancel or interrupt the work without notice and without incurring
any penalty or responsibility whatsoever for railway operation reasons.
It is your responsibility to locate existing public utilities and if necessary make
arrangements with the concerned authorities.
In order for us to proceed with your request, you shall undertake to abide the
aforementioned terms and conditions by having the present letter signed by someone in
authority in you company.
Should you require any additional information, please do 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, /J7
Mark LeBlanc
CN Technical Services
RE: Proposed forcemain pipe crossing on CN property -- Mile 0.62 Dry Doc Spur
off Mile 85.35 Sussex SID. in St. John, NB.
We have read and understand the terms and conditions of this letter, and we accept them.
Signed at , this day of 201
PERSON IN CHARGE
Name in print
Title
Signature
Return to the attention of Mari< LeBlanc:
mark.leblancacn,ca
Fax: (506) 853 -2757
WETNESS
Name in print
Title
Signature
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FORCE MAIN RAIL CROSSING • MILE 0.62 ON DRY DOCK SPUR CROSSING
M 9f (O�w RyrY4,
MUNICIPAL
OPERATIONS &
ENGINEERING
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MARSH CREEK- NEW COLLECTOR
SEWER AND W0— SANITARY
FORCE MAIN INSTALLATION
oeAxnc rErLE
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STANDARD PIPE AGREEMENT— PROVINCES OTHER THAN QUEBEC
Y/F:
O /F; 4715- DDS -0.62
AGREEMENT NO.
This Agreement entered into at Province of this
day of , 2011.
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY, a corporation
having its head office at 935 de la Gaucheti6re Street West,
Montreal, Quebec H3B 2M9
(hereinafter called the "Railway ")
AND: CITY OF SAINT JOHN
Municipal Operations and Engineering
175 Rothesay Ave.
St, John, NI3
E2J 254
(hereinafter called the "Applicant ")
WHEREAS the Railway hereby grants the Applicant the right and privilege to install, use and maintain
a forcemain pipe crossing, within the Railway's right -of -way, at Mile 0.62 Dry Doc Spur off Mile
85.35 Sussex S /D. (hereinafter the "works "), in the City of St. John, Province of New Brunswick, as
shown on Plan(s) No. M076 -016 Sheet 12 of 13 (hereinafter the "Plan(s) "), attached hereto and
forming part hereof.
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and
agreements herein and subject to the terms and conditions set out in this Agreement, the parties
agree as follows:
1. The Applicant will carry out the work as shown on the attached Plan(s) (Appendix A), and in
accordance with Railway requirements respecting safe railway operations, and no works shall proceed
until the Agreement has been signed and the plan(s) has/have been approved by the Railway.
2. The works shall be constructed and at all times maintained in accordance with the Railway Safety Act
and regulations, plans or specifications in force, adopted or approved by Transport Canada respecting
pipe crossings under Railways, including Standards Respecting Pipeline Crossings Under Railways, TC E-
10, effective May 10, 2001 (Appendix B), as amended from time to time, and any subsequent
replacement document, according to the plans and specifications approved by the Railway.
3. No maintenance work shall be done without first obtaining the Railway's consent.
4. Under certain circumstances, before giving its permission to proceed to any work, the Railway
may, at its discretion, assign an inspector to supervise the work to take place on its property. While so
engaged, the inspector's wages and expenses will be chargeable to the Applicant and shall be paid by
the Applicant immediately upon request by the Railway.
5. All costs associated with the construction, the replacement, the use and the maintenance of the
works, including flagging, location of underground 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
-2-
shall immediately pay a non - refundable one -time lump sum of $1,900, 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.
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
inspectioryaudit of the Premises to be carried out by the Railway. The Applicant shall be solely
responsible for the cost of all work carried out to correct any Environmental Contamination which occurs
on the Premises, or which occurs on other lands as a result of the Applicant's occupation or use of the
Premises.
9.1 a) Notwithstanding the foregoing, in the event that the Railway, at any time, suspects that a
potential source of Environmental Contamination may be either present on the Premises or at risk of
escaping from or onto the Premises to or from the adjoining lands, the Railway shall have the right to
enter upon the Premises, at all reasonable times and from time to time, in order to inspect the
Premises and conduct or require the Applicant to conduct, at the Applicant's expense, such tests as
may be required to verify the condition of the Premises. The Applicant shall, at its expense, take any
and all action as shall be required to prevent such Environmental Contamination from occurring or
escaping from or onto the Premises.
b) The Applicant shall be responsible to notify the Railway of all Environmental
Contamination that the Applicant suspects is occurring on or escaping onto the Premises from
adjacent lands or resulting from third party occupation.
9.2 If the Applicant fails to correct any Environmental Contamination to the satisfaction of the
Railway and any public authority having jurisdiction, the Railway may perform such work by its
employees or agents. The Railway may charge the Applicant from time to time for all the costs
incurred by the Railway in correcting such Environmental Contamination, plus fifteen per cent (15 %)
for overhead, and the Applicant shall pay the Railway's invoice or invoices for such costs within ten
(10) days of receipt of each invoice. In the event such remedial work is carried out by any public
authority, the cost of such work shall be borne by the Applicant.
9.3 The Applicant shall comply with the provisions of any federal, provincial or municipal laws
applicable to the Premises with respect to maintaining a clean environment. If any public authority
having jurisdiction with respect to environmental protection or fire protection requires the
installation of equipment or apparatus on the Premises to improve the environment or to improve
fire protection facilities, then the Applicant shall promptly install such equipment or apparatus or
take such measures as may be required by such public authority. The Applicant shall be solely
responsible for the cost of all work carried out to comply with the requirements of a public authority.
9.4 Upon the termination of this Agreement, the Applicant shall leave the Premises in a clean and
tidy condition, free of any Environmental 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.
-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 ten million dollars ($10,000,000)
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.
St. John, NB
E2J 284
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,
-4-
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.
IN WITNESS WHEREOF the parties hereto have executed these presents as of the day and year first
above written.
CANADIAN NATIONAL RAILWAY COMPANY
Witness forthe Railway Richard K. Paton
Regional Manager, Eastern Canada
I am authorized to bind the Company
APPLICANT
Witness for the Applicant Name:
Title:
I am authorized to bind the Company
Witness for the Applicant Name:
Title:
I am authorized to bind the Company
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M076-016
CN Canadian National
Region de i'Eat du Canada
255 Hump Yard Road
Moncton, (Nouveau - Brunswick)
E1 E 433
T616copieur: (506) 853 -2757
Y /F:
July 12, 2011
City of Saint John
Munlcipal Operations and Engineering
175 Rothesay Ave.
St. John, NB
E2J 2134
Attention: Kendall Mason, P. Eno
Canadian National
Eastern Canada Region
255 Hump Yard Road
Moncton, N.B.
E1E 4S3
Facsimile: (506) 853 -2757
0 /F: 4715- DDS -0.62
RE: Application for a proposed sanitary main pipe crosslna on CN Property — Mile
0.62 Dry Doc Spur off Mlle 85.35 Sussex SID, In St. John, NB.
Dear Applicant,
Canadian National has no objection to your proposed project to install a sanitary main
pipe crossing on CN property, at Mile 0.62 Dry Doc Spur off Mile 85.35 Sussex S /D,
located in St. John, NB providing you meet Transport Canada standard TC E -10.
With reference to your submission dated May 17, 2011 and attached copy of plan
number M076 -016 Sheet 13 of 13, 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
■ Copy of Insurance Certificate
■ Signed Agreements (3)
■ Cheque for lifetime agreement ($1900.00 plus HST), payable to
Canadian National Railway Company
The engineering, agreement, and administration fees associated with this application will
be $1900.00 + HST. Additional charges for flagging and /or signal locates will be invoiced
when work has been completed. The applicable fees for flagman and /or signal locates
are as per attached Appendix 1.
After receipt of these documents, an AUTHORISATION # will be issued, along with Track
Supervisor contact information.
If you perform the work without any CN flagman being present, an amount of $ 5000
shall be billed to you as a ep nasty.
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 $ 10 000 000.
In consideration of the presents, you undertake to pay to CN ail costs incurred for this
project. It is understood that you remain responsible for those costs even if the
responsibility of the work is entrusted by another party. Any damage to our property or
facilities as well as any costs incurred by CN for this work shall be invoiced at a later
date.
The following conditions shall be met-
No jacking pit will be allowed on CN's property.
2. A geotechnical laboratory shall be present on site, at your expense, when the work is
being done. The laboratory shall approve the work procedures and exercise a rigid
control of the excavated material to make sure there is no excessive excavation or
settling.
If requested, a geotechnical laboratory shall send us, by fax at (506) 853 -2757, a
report on the advancement of the work.
4. Whenever jacking or boring of a pipe is unsuccessful and has to be terminated on
account of an obstruction, the partially jacked or bored pipe shall be cut, left in place
and filled with concrete or grout pumped under pressure. At no time shall a partially
jacked or bored pipe be removed.
5. Excavated material shall be removed, at your expense, from CN's property. This
requirement shall also apply if, during the excavation for which this permission is
granted, you shall excavate material known to be contaminated or which you
recognize, after the excavation, as being contaminated. In the latter case, you
undertake to dispose of such material in accordance with the requirements and
conditions stipulated by all applicable laws and regulations. You hereby waive the
right to make any claims against CN with regard to the quality of the soil found while
excavating the premises.
6. You shall be responsible for locating existing public utilities and if necessary making
arrangements with the concerned authorities
7. On completion of the work, CN's property shall be left in the same or in better
condition than the one prevailing before the work,
All work shall conform to applicable CSA standards.
It is understood that all work will be carried out in accordance with the attached CN
"Safety Guidelines for Contractors and Non -CN Personnel" and "General Rules and
Information ". Please ensure that all personnel accessing CN property have been briefed
on these documents.
It is agreed that you will perform the work in accordance with all applicable laws and
regulations, that you will take the necessary precautions to prevent contamination of the
environment, and that you will save harmless the Railway from any damage to its
property or to the property or other parties affected by the work, and from bodily harm,
including personal injuries or death, to any of its employees, representatives, guests or
other parties, resulting from, in whole or in part, the work you will perform by virtue of
these presents.
This crossing must be installed as shown on plan.
CN retains the right to cancel or interrupt the work without notice and without incurring
any penalty or responsibility whatsoever for railway operation reasons.
It is your responsibility to locate existing public utilities and if necessary make
arrangements with the concerned authorities.
In order for us to proceed with your request, you shall undertake to abide the
aforementioned terms and conditions by having the present letter signed by someone in
authority in you company.
Should you require any additional information, please do 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
RE: Proposed sanitary main pipe crossinji on CN Property — Mile 0.62 Dry Doc
Seur off Mlle 85,,35 Sussex SID, in St. John, NB
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
Signature
Return to the attention of Mark LeBlanc:
mark.leblancacn.ca
Fax: (506) 853 -2757
day of 201
Name In print
Title
Signature
WITNESS
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STANDARD PIPE AGREEMENT — PROVINCES OTHER THAN QUEBEC
Y/ F:
O /F: 4715- DDS -0.62
AGREEMENT NO.
This Agreement entered into at Province of this
day of , 2011.
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY, a corporation
having its head office at 935 de la Gaucheti6re Street West,
Montreal, Quebec H3B 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 install, use and maintain
a sanitary pipe crossing, within the Railway's right -of -way, at Mile 0.62 Dry Doc Spur off Mile 85.35
Sussex S /D. (hereinafter the "works "), in the City of St. John, Province of New Brunswick, as shown on
Plans) No. M076 -016 Sheet 13 of 13 (hereinafter the "Plan(s) "), attached hereto and forming part
hereof.
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and
agreements herein and subject to the terms and conditions set out in this Agreement, the parties
agree as follows:
1. The Applicant will carry out the work as shown on the attached Plan(s) (Appendix A), and in
accordance with Railway requirements respecting safe railway operations, and no works shall proceed
until the Agreement has been signed and the plan(s) has/have been approved by the Railway.
2, The works shall be constructed and at all times maintained in accordance with the Railway Safety Act
and regulations, plans or specifications in force, adopted or approved by Transport Canada respecting
pipe crossings under Railways, including Standards Respecting Pipeline Crossings Under Railways, TC E-
10, effective May 10, 2001 (Appendix B), as amended from time to time, and any subsequent
replacement document, according to the plans and specifications approved by the Railway.
3. No maintenance work shall be done without first obtaining the Railway's consent.
4. Under certain circumstances, before giving its permission to proceed to any work, the Railway
may, at its discretion, assign an inspector to supervise the work to take place on its property. While so
engaged, the inspector's wages and expenses will be chargeable to the Applicant and shall be paid by
the Applicant immediately upon request by the Railway.
5. All costs associated with the construction, the replacement, the use and the maintenance of the
works, including flagging, location of underground 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
-z-
shall immediately pay a non- refundable one-time lump sum of $1,900, 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.
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.
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 Railways 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.
-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 ten million dollars ($10,000,000)
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 polity 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.
St. John, NB
E2J 21214
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,
-4-
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. lender 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.
1 B. This Agreement shall be governed by and construed in accordance with the laws of the Province in
which the works are located, and all applicable federal laws and regulations.
19. Any dispute relating to the wording and interpretation of the clauses in this Agreement will be
resolved in accordance with the Arbitration Act of the Province in which the works are located.
20. The preamble to this Agreement and all its Appendices form an integral part hereof.
IN WITNESS WHEREOF the parties hereto have executed these presents as of the day and year first
above written.
CANADIAN NATIONAL RAILWAY COMPANY
Witness for the Railway Richard K. Paton
Regional Manager, Eastern Canada
I am authorized to bind the Company
APPLICANT
Witness for the Applicant Name:
Title:
Witness for the Applicant
I am authorized to bind the Company
Name:
Title:
I am authorized to bind the Company
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"Expect the movement of a train, engine, rail car or track unit at any time, an any track, In
either direction. Protect yourself and others from the movement of trains, engines, ralicars
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.
Compliance with GQxgtnMent 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 compliance by workers at the job site. Supplementary instructions may be issued by CN
representatives from time to time.
Instructions
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 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 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)
B. 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 burled 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 Z195 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.
Drug aiiij AlcQhol Poky
Contractor's personnel will be bound by the provisions of CN's "
Problems" 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. Policy 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. Policy Yj adon 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
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.
Conseauenr.es of Violation: Failure of the Contractor, Its employees or sub - contractors to meet these
standards will be considered a breach of contract.
Ejrearms
Firearms (loaded or empty) are not 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.
EXDfosiVes
No explosives will be permitted on CN property without written CN approval.
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.
Smoking in the Workni, ace
Smoking Is not permitted in any CN interior workplace or motor vehicle.
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.
Emergengv Evacuation Procedures
Prior to commencing work, all Contractor's employees must be familiar with the emergency evacuation plan for
that work site. The Contractor shall Issue written emergency and rescue procedures to the Contractor's personnel
and shall post such procedures on the job site.
_Unsafe Conditions or Practices
Contractors shall correct or report any unsafe conditions or practices they observe. All such conditions or practices
shall be reported to the CN representative at the work site as soon as practical.
Reoortina &ccidents / 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 Offlcer 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 9
Treatment of Insured „Personnel (Qntrartora)
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. Qualified 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 and Visual gesgirding Eauiamgnt
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.
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.cQnttgctorgrientation.com. 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
• ► . .. 4 it i ■ • i w ► ► ■ • A w ► • •
\ 1 \ \
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 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.
5. Provide employees with appropriate training to enable them to work safely.
�b. 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,cogtractgrorientation.com . 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
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, signal ling.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 600$
Additional hours ( *) 100$
CABLE LOCATION
Minimal time charged by employee — 4 hours 400$
Additional hours ( ") 100$
Costs (daytime hours, Saturday & Sunday)
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
580$
Additional hours ( *)
145$
* 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 12, 2009, a CN signaling crew remains on site for 3 hours. The
invoiced amount shall be of 600$.
Example 2 : Thursday, January 22, 2009, an S &C employee remains on site for 6.6 hours. The
invoiced amount shall be of 700$.
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 I 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 - 1005
Approved
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
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 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. TaX_ March 1, 2001 Page 3 of 11 SCP - 1005
Approved
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.D. Tom— March 1, 2001 Page 4 of l l SCP - 1005
Approved
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 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
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
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
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:
w, Limits of proposed work (Subdivision — mile points)
w Date and time duration i.e. yy /mm/dd 13:00 to 18:00
w Identity of S &C employee (Forman in charge) and Supervisor including
their emergency contact information i.e. phone number(s)
w Detailed explanation of alternative excavation methods, excavation
supervision and/or special excavation equipment to be used.
w Risk Assessment.
or 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. T�s March 1, 2001 Page 8 of 11 SCP - 1005
Approved
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
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
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
Bride 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
I id]6-IL �
March 1, 2001
Operations
Signals & Communications
Canadian National
935 de la Gauchetiere Street West
Mentr2al, Quthec, 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
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 d6placement des piquets ou des marquages. En cas de retard dans
1'ex6cution du travail conform6ment aux donn6es fournies ou en cas de non - correspondance des
marquages et du croquis, obtenir de nouveiles donn6es de localisation. Prendre note que les
donn6es de localisation ne sont valide que pour une dur6e 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 d6terminer.
"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
Importance of buried cables to CN
Damage to underground cables have a severe impact on the
operations of both CN and its external customers. CN
Centralized Traffic Control, Engineering and Train to
Wayside Radio Communications and CN's WAN/LAN
backbone can be disrupted resulting in service and
operational problems. In addition, the fibre optic network
installed on CN is utilized by clients which 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.
Scope of Policy
All excavating work in the vicinity of buried S &C plant is
covered by this policy. Excavating includes any activity
which results in an opening being made in the ground,
including, but not exclusive to, digging, trenching, plowing,
auguring, pile driving and pipe - pushing
Preparations for Excavation Work
Excavators must contact the Network Management Centre
(NMC) before excavating along the railway Right -of -Way.
The NMC will arrange to have Division S &C forces locate
and mark the location of fibre optic, power, and other S&C
cables prior to excavation.
Network Management Centre (NMC)
1- 800 - 661 -3687
The NMC is responsible for the day - today operation of the
fibre plant and is the primary contact for CN's fibre optic
customers.
Prior to commencement of any excavation along the right -of --
way, the foreman or other employee in charge must notify
NMC and should be ready to provide the pertinent details
describing the work: their name, the location where work will
be performed, a description of the work and instructions on
how they can be contacted.
Location of Underground Cable
• Fibre optic and other Signals & Communication cables
are buried directly in the sub -grade generally, but not
always parallel to the railroad tracks.
Cables usually pass under the tracks as the route changes
from one side of the track to the other.
Cables installed using off -track plowing equipment may
be located anywhere along the right -of -way.
Fibre optic cable is usually coiled near cable ends, at
splice pedestals, tunnels, bridges, bungalows, road and
track crossings and some culverts.
Never assume the location or path of an
underground cable. Expose the cable by hand -
digging, or CN approved vacuum equipment.
Cable markers
Permanent cable markers are installed only to indicate the
presence of buried cable and are not meant to indicate precise
location of the cable.
Precautions while Excavating
Railway excavation experience has proven there are certain
situations where the risk to damaging in service S &C cables
is increased and special precautions are necessary. The
following describes various situations and the method to use
to avoid damaging any buried cables:
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 I or 2 are impractical,
a Method of Procedure (MOP) shall be developed by the
responsible Supervisory officer. Refer to MOP section in
SCP 1005.
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.
6. If buried cable is encountered while excavating - Stop
operations immediately, expose it and investigate with
extreme caution. The buried cable shall not be cut,
chopped through or broken off without first 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.
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.
Signals & Communications March 1, 2001
Information for NMC
When calling NMC please have the following
information available:
Foreman
Name:
Cell:
Pager:
Radio:
Work Site
Location:
Subdivision:
Mile at: to:
X- Street:
Description of Work:
Date: I I
Start Time:
End Time:
Have the Cables Been Marked?
NMC will provide you with a PNMS ticket (tracking)
number.
PNMS Ticket:
Typical Cable Marker
CN
SIGNALS AND
COMMUNICATIONS
WARNING
BEFORE DIGGING
OR DRIVING STAKES
ON RIGHT -OF -WAY
CONTACT SIGNALS AND
COMMUNICATIONS
SUPERVISOR
BURIED
CABLE
ENFOUI
ATTENTION
AVANT DE CREUSER OU
DE POSER DES JALONS
SUR UEMPRISE AVISER
LE SUPERVISEUR
SIGNALISATION ET
COMMUNICATIONS
1- 804 -661 -3681
Protection of Underground
Signals & Communications
Facilities
Call Before You Dig
1-800-661-3687
Signals & Communications March 1, 2001
Standards Respecting Pipeline
Crossings Under Railways
TC E -10 (June 21, 2000)
`� Transport Transports MI
Canada Canada Canada
CONTENTS
1. SCOPE
2. GENERAL APPLICATIONS AND EXCLUSIONS
3. GENERAL CONDITIONS
4. REQUIREMENTS FOR PIPELINES CROSSING UNDER RAILWAYS - GENERAL
5. 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
WE
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 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.
-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.
S. 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
9I
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 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
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.
-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 flanunable 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.
-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:
(h) Casing pipe and joints under railways shalt 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 137.4 -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.
S►!
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
S "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.
-8-
6.2 Minimum Cover and Clearance Requirements
(a) Minimum cover for buried pipelines, em (measured to top of carver
or casing pipe, as appi tcable
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 rai way rights-of-way; 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 tl) 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 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.
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.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.
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 ................. ........... I...
Outside Diameter ................. ...............
PipeMaterial ................. .......... I....
Specification and grade ...I ............. ...............
Wall thickness ................I ...............
Maximum Operating Pressure ...............
Maximum Surge & Test Pressure ................. ...............
Maximum Operating Temperature ................. .. ......... I...
MinimumOperating 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 .... ............................... in
Bury: (Not beneath tracks) ............. I ........... I......... m
Bury: (Roadway ditches) ....................... I........... in
-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 .........I ..................... in
Bury: Base of rail to bottom jacking/receiving pits ............................... m
Cathodic Protection : yes.......... no..........
Geotechnical Boreholes: yes.......... no..........
SoilType ...... ...............................
Base of Rail to ground water ...... ..............................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.
August 2nd, 2011
Your Worship, Deputy Mayor and Councillors:
Subject: Outstanding Contributions re: Pension Plan Going Concern Unfunded Liability
The Committee of the Whole, having met on August 2nd, 2011 adopted the following resolution:
RESOLVED that the Committee of the Whole recommends payment of $309,183.00 be made
forthwith to the City of Saint John Pension Fund, for interest owing to July 31, 2011 for special
payments due with respect to 2010.
Respectfully Submitted,
Jonathan Taylor
Assistant Common Clerk
.ate
August 2nd, 2011
Your Worship, Deputy Mayor and Councillors:
Subject: Committee of the Whole: Recommended Appointment of Acting Fire Chief
The Committee of the Whole, having met on August 2nd, 2011, adopted the following resolution:
RESOLVED that the Committee of the Whole recommends that Kevin Clifford is hereby
appointed Acting Fire Chief effective August 9, 2011 for the duration of the current vacancy in
the position of Fire Chief or until sooner determined by Common Council.
Respectfully Submitted,
Jonathan Taylor,
Assistant Common Clerk
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwvw.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
---------
August 2nd, 2011
Your Worship, Deputy Mayor and Councillors:
Subject: Interim Arrangements for Acting City Manager
The Committee of the Whole, having met on August 2nd, 2011 adopted the following resolution:
"RESOLVED the Committee of the Whole recommend that in the event of the absence of City
Manager J. Patrick Woods, appointment to the position of Acting City Manager is hereby made
of Paul Groody, Ken Forrest and Bill Edwards, in accordance with their respective availability
and the matters anticipated to require attention in the City Manager's absence, with the City
Manager to administer the arrangement."
Respectfully Submitted,
Jonathan Taylor
Assistant Common Clerk