DATE: April 19, 2016 REPORT NO. PW Chair and Members Committee of the Whole Operations and Administration

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PUBLIC WORKS COMMISSION DATE: April 19, 2016 REPORT NO. PW2016-034 TO: FROM: Chair and Members Committee of the Whole Operations and Administration E.

1 PUBLIC WORKS COMMISSION DATE: April 19, 2016 REPORT NO. PW TO: FROM: Chair and Members Committee of the Whole Operations and Administration E. (Beth) Goodger General Manager, Public Works Commission 1.0 TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ] 2.0 TOPIC Garden Avenue Reconstruction Southern Ontario Railway Inc. At-Grade Crossing Agreement and Crossing Warning System Modification Agreement [Financial Impact Yearly Railway Crossing Maintenance Cost Increase of $403] (PW ) 3.0 RECOMMENDATION A. THAT Report No. PW titled Garden Avenue Reconstruction- Southern Ontario Railway Inc. At-Grade Crossing Agreement and Crossing Warning System Modification Agreement, BE RECEIVED; and B. THAT the Mayor and Clerk BE AUTHORIZED to execute an At-Grade Crossing Agreement with the Southern Ontario Railway Inc. for the reconstruction of the road at the railway crossing on Garden Avenue between Elgin Street and Colborne Street, as outlined in Appendix A of Report No. PW ; and C. THAT the Mayor and Clerk BE AUTHORIZED to execute a Crossing Warning System Modification Agreement for Garden Avenue between Elgin Street and Colborne Street in the City of Brantford, Johnson Road between Colborne Street and County Road 18 in the City of Brantford, Colborne Street (Highway #2) between Johnson Road and Blossom Avenue in the County of Brant, and Blossom Avenue between Colborne Street and Old Onondaga Road West in the County of Brant, as outlined in Appendix B of Report No. PW ; and D. THAT the Clerk BE DIRECTED to place the At-Grade Crossing Agreement and Crossing Warning System Modification Agreement with Southern Ontario Railway Inc. on a Signing By-law for approval by City Council.

2 Date: April 19, 2016 Page PURPOSE To obtain Council authorization to execute an At-Grade Crossing Agreement and a Crossing Warning System Modification Agreement with the Southern Ontario Railway Inc. (SOR) as attached in Appendix A and B respectively. The agreements are required for railway crossing improvements that will be undertaken as part of the Garden Avenue urbanization project (between Elgin Street and Colborne Street) that will be completed in BACKGROUND Garden Avenue between Elgin Street and Colborne Street is an approved urbanization project in the 2013 Capital Program. The construction to be undertaken in 2016 includes upgrades to the road, new sidewalk, curb and gutter, cycle lanes, and improved safety at the railway crossing. The construction plan for the railway crossing improvements is provided in Appendix C. The City is the owner of the road right-of-way up to the railway track crossing and as a result of the upgrades to the road works, an At-Grade Crossing Agreement is required to relieve SOR of liability from any damages that may be caused by the construction activities. 6.0 CORPORATE POLICY CONTEXT Goal 3 Managed Growth and Environmental Leadership of the City s Strategic Plan includes the Long Term Desired Outcome outlining that Brantford will be supported by well-developed and maintained transportation and servicing infrastructure (including roads, sidewalks, bicycle paths, trails, the airport, water and sewer systems, waste management, electricity distribution and telecommunications). The Garden Avenue urbanization project supports the Strategic Goal. 7.0 INPUT FROM OTHER SOURCES The City s Legal Department and Risk Management & Insurance Department have reviewed the agreements and recommended revisions which are currently being reviewed by SOR. The final agreements will be reviewed by staff of Legal and Risk Management & Insurance, prior to execution by the Mayor and Clerk. The County of Brant s report for information to County Council is attached in Appendix D. 8.0 ANALYSIS The agreements with the SOR are necessary for the City to begin the construction of the road and railway crossing on Garden Avenue. Transport Canada issued an update to Railway Grade Crossing Regulations in November These updates were identified in Report No. PW Canada s New Railway Grade Crossing Regulations. The new Railway Grade Crossing Regulations require an At-Crossing Warning System Modification Agreement in order to install a grade crossing warning system consisting of flashing light and

3 Date: April 19, 2016 Page 3 bell signals at Garden Avenue. Crossing modifications also extend through to Johnson Road, City of Brantford and Colborne Street East (Highway #2) and Blossom Avenue in the County of Brant as shown in the map in Appendix E. The four identified crossings are within the SOR s right-of-way and the railway company has approved the plans and now requires the City to sign the agreements before its contractors can proceed with the work, scheduled to commence in early summer of FINANCIAL IMPLICATIONS The funding to urbanize Garden Avenue and applicable fees for the railway company was approved by Council in the 2015 and 2016 through the Capital Program. The annual maintenance fees to SOR for the railway crossing will increase from $3,323 per year to $3,726 per year an increase of $403 identified in the Guide to Railway Charges for Crossing Maintenance and Construction These fees will impact the 2017 Operating Budget for Design and Construction in Engineering Services CONCLUSION Entering into an agreement with SOR will permit the City to proceed with the construction of the necessary roadway/railway safety improvements on Garden Avenue between Colborne Street and Elgin Street. Russ Loukes, P.Eng., PTOE Director of Engineering Services E. (Beth) Goodger, General Manager, Public Works Commission Wendy Teufel, CET, CMMIII Manager of Design & Construction Attachments: Appendix A - At-Grade Crossing Agreement Appendix B - Crossing Warning System Modification Agreement Appendix C - Garden Avenue Rail Crossing Map Appendix D - County of Brant s Information Report to County Council Appendix E - SOR At-Grade Crossings Location Map In adopting this report, is a by-law or agreement required? If so, it should be referenced in the recommendation section. By-law required [ ] yes [ x ] no Agreement(s) or other documents to be signed by Mayor and/or City Clerk [ x ] yes [ ] no Is the necessary by-law or agreement being sent concurrently to Council? [ x ] yes [ ] no

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18 Date: April 19, 2016 Page 18 Draft Crossing Warning System Modification Agreement Appendix B

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22 Date: April 19, 2016 Page 22 Appendix C Garden Avenue Rail Crossing Map

23 Date: April 19, 2016 Page 23 Count of Brant s Information Report to County Council Appendix D

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25 Date: April 19, 2016 Page 25 Southern Ontario Railway At-Grade Crossings Location Map Appendix E

DATE: February 13, 2012 REPORT NO. EN CHAIR AND MEMBERS COMMITTEE OF THE WHOLE OPERATIONS AND ADMINISTRATION

ENGINEERING & OPERATIONAL SERVICES DATE: February 13, 2012 REPORT NO. EN2012-008 TO: FROM: CHAIR AND MEMBERS COMMITTEE OF THE WHOLE OPERATIONS AND ADMINISTRATION G. RAE, MBA, P.ENG. GENERAL MANAGER, ENGINEERING