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Request for Consultant Services

C2022-04

Building Condition Assessments for Community Housing

Only bids submitted electronically on the Region’s website will be accepted.


Paper submissions will not be accepted for this Request for Consultant Services.

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Request for Consultant Services

Introduction
The Regional Municipality of Waterloo (the “Region”) wishes to engage the services of a
consulting engineering firm (the “Consultant”) to perform building condition assessments
for Community Housing. In order to assist the Region in understanding the physical
condition and life expectancy of the Community Housing portfolio, and to explore funding
options to sustain the physical integrity of the assets, the assistance of a consultant is
required.

The attached Information Package provides guidelines for the preparation of the Bid
Submission (Proposal, Detailed Work Plan and Upset Budget), and identifies the
anticipated services required.

Submission of Proposals

All Bidders shall have a Bidding System Vendor account and be registered as a Plan
Taker for this Bid opportunity, which will enable the Bidder to download the Bid Call
Document, to receive Addenda/Addendum email notifications, download Addendums
and to submit their bid electronically through the Bidding System.

ELECTRONIC BID SUBMISSIONS ONLY shall be received by the Region’s Bidding


System not later than 2:00:59 p.m. Eastern local time, on Thursday, February 24,
2022.

The closing time shall be determined by the Bidding System web clock.

Bidders are cautioned that the timing of Bid Submission is based on when the Bid is
RECEIVED by the Bidding System, not when a Bid is submitted by a Bidder, as Bid
transmission can be delayed in an “Internet Traffic Jam” due to file transfer size,
transmission speed, etc.

For the above reasons, the Region recommends that Bidders allow sufficient time to
upload their Bid Submission and attachment(s) (if applicable) and to resolve any issues
that may arise. The closing time and date shall be determined by the Region’s Bidding
System web clock.

Bidders should contact the Designated Official, at least twenty-four (24) hours prior to
the closing time and date, if they encounter any problems. The Bidding System will
send a confirmation email to the Bidder advising that their bid was submitted
successfully. If you do not receive a confirmation email, contact the Designated Official
immediately.

Late Bids shall not be accepted by the Region’s Bidding system

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Request for Consultant Services

To ensure receipt of the latest information and updates via email regarding this bid or if
a Bidder has obtained this Bid Document from a third party, the onus is on the Bidder to
create a Bidding System Vendor account and register as a Plan Taker for the bid
opportunity at https://regionofwaterloo.bidsandtenders.ca/Module/Tenders/en.

Immediately following the closing of the bid, submissions will be extracted through the
Region’s electronic bidding system and verified and reviewed for compliance. Bidders
who have submitted bids that have been disqualified by the Region of Waterloo will be
notified.

Format of Bid Submissions

Proposal and Detailed Work Plan


The Proposal and Detailed Work Plan shall not exceed ten (10) pages in length
excluding appendices (letter size paper, 25 mm border, 12 pitch font size and single line
space, single column style), and shall include the following:

 Project understanding and the proposed approach to the project, consistent with the
information described in the attached Information Package;

 The proposed project manager, key project staff and sub-consultants for all phases of
the project emphasizing experience on similar projects;

 Relevant experience of the firm emphasizing experience on similar projects. Provide


names and phone numbers of appropriate references;

 The firm's base of operations for this project;

 A Detailed Work Plan including, as a minimum, the following:

- Reference to the tasks listed in the Terms of Reference in the attached


Information Package, along with details for successful completion of the
Project;

- A staff time allocation table including the names of all of the individual team
members (professional, technical and administrative) assigned to each task
and sub-task, and team member hours per task and sub-task for the main
consultant and all sub-consultants (in addition to the 10 page limit);

- Deliverables for each task and sub-task including technical memoranda,


reports, drawings and any other document to be produced for each task and
sub-task of the project.

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Request for Consultant Services

 A detailed project schedule based on tasks identified in the Detailed Work Plan (in
addition to the ten (10) page limit). Appropriate milestones should be indicated in the
schedule. The schedule should allow at least two to three weeks for review by the
Region’s Project Team for each deliverable depending on the level of review
necessary (complexity and size of deliverable);

 Tables, diagrams, company brochures and curricula vitae may be appended to the
Proposal (in addition to the ten (10) page limit);

 Contact details during this competition (name, address, telephone, fax and email);

 The signing sheet will be completed online through the Region of Waterloo’s Bid
System.

The Proposal and Detailed Work Plan must not include any hourly rates or fee
estimates. Consultant submissions that include any fee related dollars with the
Proposal and Detailed Work Plan will be disqualified.

The Proposal and Detailed Work Plan will be submitted online through the Region of
Waterloo’s Bid System.

Upset Budget
The Upset Budget shall be broken down according to the tasks and sub-tasks of the
Detailed Work Plan, and shall include all fees and disbursements required for
completing this assignment. Prices shall not include contingencies (see Contingency
Amount section below) and taxes.

Sub-consultant costs included in the Upset Budget are to be presented as a lump sum
for each task assigned to a sub-consultant, and shall include the total sub-consulting
fees and disbursements, administrative fees, and other costs. For each sub-consultant
involved in the assignment, a separate table presenting the details for the calculation of
the sub-consultant’s lump sum must be attached to the Upset Budget, and shall include
the names of sub-consultant team members, hours per tasks and sub-tasks per team
member, and all costs for completing the sub-consultant part of the work.

Computer and office charges are considered part of the overhead and shall not be
invoiced as disbursements other than in exceptional circumstances. Photocopying,
courier and similar charges shall be invoiced as disbursements and not as overhead or
per labour hour.

The Upset Budget will be submitted online through the Region of Waterloo’s Bid
System.

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Staff Time Allocation and Hourly Rates


Staff time allocation presented in the Consultant’s Detailed Work Plan and Upset
Budget shall not be reduced to account for escalation of the staff hourly rates presented
by the Consultant in the Detailed Work Plan and Upset Budget.

For consultant assignments to be completed within the calendar year the project is
approved, no escalation of the staff hourly rates will be allowed.

Should the Consultant wish to escalate staff hourly rates for multi-year projects, the
Consultant shall present with the Upset Budget the following:

 Summary Table: Staff Time vs. Average Hourly Rate - including staff time
allocation per task for the whole duration of the project and Upset Budget based on
the average hourly rate for each individual team members assigned to the project
tasks.

 Summary Hourly Rate Table: including each individual team member name and
estimated hourly rate per year for the whole duration of the project.

 Detailed Cost Break Down Per Year: including staff time allocation per task per
year and Upset Budget for the year based on the estimated hourly rate for the year.

Should the Consultant not include the Summary Hourly Rate Table and Detailed Cost
Break Down Per Year identified above, the Hourly Rate presented in the Summary
Table will be used and no escalation of the staff hourly rates will be allowed.

Contingency Amount
No contingency amount shall be included by the Consultant in the Upset Budget. The
Region will include at its discretion a contingency amount to cover potential changes to
the scope of services where warranted. Payments from the contingency allowance will
not be permitted without prior approval of the Region’s Project Manager.

Consultant Selection Process


The Consultant selection will be a single-stage process and will be conducted in
accordance with the Region’s Guidelines for Consultant Selection Process. Consultants
will be rated based on the quality factor scores for their Proposal and Detailed Work
Plan and price in the Upset Budget. The Upset Budget will only be opened after the
quality factor scores have been finalized.

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Consultants will be evaluated based on the following weighted evaluation factors:

1. Quality Factors

 Project Understanding and Approach 40%

 Project Manager & Support Staff 25%

 Firm's Experience on Similar Projects 20%

2. Price Factor 15%

Total 100%

Estimated Consultant Selection Schedule


The Consultant selection process involves the following steps:

 Final day for Consultants to request clarifications regarding the Bid Submission is on
February 17, 2022 at 4:00 p.m. The Region reserves the right to not address
questions received after the specified deadline for questions has passed.

 Submission of the Proposal and Detailed Work Plan and Upset Budget to be received
no later than 2:00:59 p.m. on February 24, 2022 and will be submitted online
through the Region of Waterloo’s Bid System.

 Regional staff will review the Proposal and Detailed Work Plan and short-list the
Consultants based on the Quality Factors as outlined above. Upon short-listing the
Consultants, the Upset Budget for short-listed Consultants will be opened, and Upset
Budget for Consultants not short-listed will remain un-opened. Based on the Quality
and Price Factors Regional staff will finalize the Consultant selection.

Closing Date, Time, and Location


Bid Submissions for Building Condition Assessments for Community Housing will be
received until 2:00:59 p.m. on February 24, 2022 and will be submitted online through
the Region of Waterloo’s Bid System.

Addenda
(a) If a consultant finds discrepancies in or omissions from the Request for
Consultant Services Documents, or if they are in doubt as to their meaning, the
bidder shall notify the Region.

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(b) The Region reserves the right, for any reason, to issue addenda to the bidders at
any time prior to bid closing. Addenda issued during the bidding period shall be
allowed for by the bidder in submitting the bid.

(c) Any information or changes to the requirements for this Request for Consultant
Services will be posted on the Region’s website https://bids.regionofwaterloo.ca
in the form of an addendum. All addenda posted prior to the closing date shall
be considered part of the contract documents. When an addendum is issued,
the Region will attempt to send a notification email to all registered plan takers
with a link to the addendum. The Region makes no promise or guarantees that
addenda will be delivered by any means to any bidder nor is the Region
responsible for computer malfunctions or delays, therefore, it is the bidder’s sole
responsibility to check the website for any addenda prior to the Request for
Consultant Services closing.

(d) No addenda will be issued within 48 hours of the closing date except to extend or
cancel the bid.

(e) The Region encourages Bidders not to submit their Bid prior to forty-eight (48)
hours before the Bid closing time and date, in the event that an addendum is
issued. If a Bidder submits their bid prior to this or at any time prior to the bid
closing and an addendum/addenda is issued by the Owner, the Bidding System
shall WITHDRAW their Bid submission and change their Bid submission to an
INCOMPLETE STATUS (NOT accepted by the Region) and the Withdrawn Bid
can be viewed by the Bidder in the “MY BIDS” section of the Bidding System.
The Bidder is solely responsible to:

i) make any required adjustments to their Bid; and

ii) acknowledge the addendum/addenda; and

iii) ensure the re-submitted Bid is RECEIVED by the Bidding System no later
than 2:00:59PM local time, on the Bid Closing Date.

NOTE: Additional company contacts are recommended for the reasons outlined below:

• Do not invite any additional contacts that you do not want to have access to view,
edit, submit and/or withdraw or who may be in direct competition for example (a
company may have two divisions that could compete for the same Bid
Opportunity).

• You are strongly urged when creating or updating a Bidding System Vendor
account to add additional company contacts to create their own login to the
Bidding System. This will permit your invited contacts that have created their own

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login to manage (register, submit, edit and withdraw) Bids which your Company
is a Registered Plan Taker for. In the event you are on vacation, or due to
illness, etc. these additional contacts may act on your Company’s behalf and
have the authority to; receive addendum notifications from the Bidding System,
and where permitted by the terms and conditions of the Bid Call Document, to
submit Bids electronically through the Bidding System and/or withdraw and/or
edit and/or acknowledge addendum/addenda, on your behalf.

Clarifications and Qualifications


It is the responsibility of the Consultant to seek clarification in any matter considered to
be unclear before submitting the Bid Submission. Any information or changes to the
requirements of this Request for Consultant Services will be posted on-line at the
Region of Waterloo Web site at https://bids.regionofwaterloo.ca in the form of an
addendum. All addenda posted prior to the closing date shall be considered part of the
contract documents. When an addendum is issued, the Region will attempt to send a
notification email to all registered plan takers with a link to the addendum. The Region
makes no promise or guarantees that addenda will be delivered by any means to any
bidder nor is the Region responsible for computer malfunctions or delays, therefore, it is
the bidder’s sole responsibility to check the website for any addenda prior to the closing
date. By submitting a proposal, the proponent acknowledges and agrees that they have
checked the website and that their bid incorporates all addenda.

No addenda will be issued within 48 hours of the closing date except to extend or
cancel the bid.

Proponents should promptly examine all of the documents comprising this Request for
Consultant Services and may direct questions or seek additional information in writing
through the Bidding System by clicking the “Submit a Question” button on or before the
Deadline for Questions for the specified Request for Consultant Services document.

All questions or comments submitted by proponents will be deemed to be received once


the email has entered into the Bidding System’s email inbox. No such communications
are to be directed to anyone other than the Request for Consultant Services Contact.
The Region is under no obligation to provide additional information and the Region is
not responsible for any information provided by or obtained from any source other than
the Request for Consultant Services contact. It is the responsibility of the proponent to
seek clarification from the Request for Consultant Services contact on any matter it
considers to be unclear. The Region is not responsible for any misunderstanding on the
part of the proponent concerning this Request for Consultant Services or its process.

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Request for Consultant Services

The deadline for questions is 4:00 p.m. February 17, 2022. The Region reserves the
right to not address questions received after the specified deadline for questions has
passed.

For the purposes of this procurement process, the Request for Consultant Services
contact will be: Tina Reay, Supervisor, Procurement.

Consulting Services Agreement


Prior to commencing work on the project, the successful Consultant will enter into an
agreement for Professional Consulting Services with the Region in the form supplied by
the Region (a sample Agreement for Professional Consulting Services is included in
Appendix C) based on the Region’s Request for Consultant Services, any addenda to
the Request for Consultant Services, and the Consultant’s Proposal, Detailed Work
Plan and Upset Budget, and any other information obtained during the Consultant
selection process.

The Region will not negotiate or amend the terms and conditions of the Agreement for
Professional Consulting Services, and any terms and conditions proposed by a
proponent in this regard will not be binding on the Region.

Contract Documents and Order of Preference


The contract document shall consist of:

a) An executed Professional Consulting Services Agreement/Purchase Order;

b) Addenda to the Request for Consultant Services;

c) The Request for Consultant Services, including its Terms and Conditions,
Instructions to Proponents, Information Package, and Terms of Reference; and

d) The Consultant’s Proposal, Detailed Work Plan, Upset Budget and any subsequent
negotiated changes.

These documents and portions thereof, take precedence in the order in which they are
named above, notwithstanding the chronological order in which they are issued or
executed.

The successful Proposal, Work Plan and Upset Budget shall become an integral part of
the contract. It shall not, however, be considered the total binding obligation for the
contract. Any and all Proposal, Work Plan and Upset Budget conditions may be
included at the discretion of the Region as part of the final negotiated and approved
contract.

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AODA Compliant Deliverables


 The Consultant must ensure that any information, products, deliverables and/or
communication (including future updates) produced as part of this Agreement
conform with the World Wide Web Consortium Web Content Accessibility Guidelines
(WCAG) 2.0 Level AA accessibility standards and are provided to the Region in an
accessible Word, Excel, PowerPoint, PDF or other electronic format; in accordance
with Section 12 Accessible Formats and Communication Supports

 The Consultant, if providing goods, services or facilities to the public on behalf of the
Region, must also comply with the Accessibility for Ontarians with Disabilities Act,
2005, in particular the Integrated Accessibility Standards, and any successor
legislation and regulations thereto (“AODA”), in providing such goods, services or
facilities and provide all documentation and other information to Region upon written
request as necessary to verify compliance. This obligation includes training staff,
providing accessible customer service and providing accessible electronic
documents, websites and communication products, as applicable, pursuant to the
AODA;

 The Consultant, if designing any building, structure or other premises for the Region,
must comply with any accessibility design standards of the AODA and the Region,
as applicable;

 Please refer to the AODA Corporate Guidelines for Information and Communication
included in Appendix B

Accessible Customer Service Training Requirements – Contractors,


Consultants and Service Providers
Third party Contractors who deal with the public or other third parties on behalf of the
Region of Waterloo, as well as contractors who participate in developing Region of
Waterloo policies, practices or procedures governing the provision of goods and
services to members of the public or other third parties, must comply with the
Accessibility for Ontarians With Disabilities Act, 2005 (“AODA”), in particular the
Accessibility Standards for Customer Service, O. Reg. 429/07 as well as the Integrated
Accessibility Standards, O. Reg. 191/11.

In accordance with the requirements of section 6 of the Accessibility Standards for


Customer Service and section 7 of the Integrated Accessibility Standard, contractors
shall ensure that all of their employees, agents, volunteers or others for whom they are
responsible receive training about the provision of goods and services provided to
people with disabilities. The training should include a review of the purposes of the

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AODA and the requirements of the Customer Service Regulation, as well as instruction
regarding all matters set out in section 6 of the Customer Service Regulation, the
requirements of the accessibility standards referred to in the Integrated Regulation and
on the Human Rights Code as it pertains to persons with disabilities.

Third party contractors and other service providers are to ensure that training records
are maintained, including dates when training is provided, the number of personnel who
received training and individual training records. Contractors shall submit to the Region,
if requested, documentation describing their accessibility training policies, practices and
procedures, and a summary of the contents of training, together with a record of the
dates on which training is provided and the number of attendees. A link to the
Accessible Customer Service Requirements for Vendors is available on the Region of
Waterloo website.

Claims or Litigation
The Region of Waterloo will not open and consider bids received from parties with
whom the Region is in litigation or pending litigation unless approval allowing such is
obtained by the bidder from the Council of the Region of Waterloo prior to the close of
the bid.

Bids which are unopened pursuant to this policy will be returned to the proponents and
no contract in regard to the bid process will be created as between the bidder and the
Region of Waterloo.

The terms “litigation” and “pending litigation” are defined in the Region’s Purchasing By-
law.

In order to obtain approval from Council of the Region to open and consider a bid, the
bidder, before the close of the bid, must contact the Regional Clerk and the Manager,
Procurement in writing at least one (1) week before the next regularly scheduled
Council meeting, setting out the bidder’s request and any grounds to support the
request. The bidder’s request will then be presented to Council for its consideration.

The Regional Clerk and the Manager, Procurement may be contacted at:

Regional Clerk's Office


150 Frederick Street, 2nd Floor
Kitchener, ON N2G 4J3
Fax (519) 575-4481

Information on the regularly scheduled Council meetings can be found at


http://www.regionofwaterloo.ca/en/regionalgovernment/agendasminutes.

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Bid Acceptance
 The Region reserves the right to reject any or all Bid Submissions, including without
limitation the lowest price Bid Submission, and to award the contract to whomever
the Region in its sole and absolute discretion deems appropriate, notwithstanding
any custom of the trade to the contrary nor anything contained in the bid and this
Request for Consultant Services;

 Consultants will not be compensated for this submission and the Region shall not,
under any circumstances, be responsible for any costs incurred by the Consultant in
the preparation of the Bid Submission;

 Without limiting the generality of the foregoing, the Region reserves the right, in its
sole and absolute discretion, to accept or reject any Bid Submission which in the
view of the Region is incomplete, obscure, or irregular; uncertain, which has
erasures or corrections in the documents, which contains exceptions, variations or
qualifications; which omits one or more prices; which the Region’s Project Team
deems will not be able to provide the level of effort required to properly complete the
work for the successful completion of the project; or which otherwise fails to comply
with the requirements herein;

 The Region in its sole and absolute discretion, reserves the right at any time to re-
bid or cancel the Request for Consultant Services, or negotiate a contract for the
whole or any part of the project with any one or more persons whatsoever, including
one or more of the Proponents;

 The Region reserves the right to communicate with one or more Proponents
following the bid close to clarify elements of the bids;

 In the event of a tied Bid Submission, the Region may evaluate and accept a Bid
Submission, in its absolute and sole discretion, based upon experience, efficiencies
or cost considerations other than price. In the event of a tied Bid Submission, the
Region also reserves the right in its sole and absolute discretion to flip a coin as
between the tied Proponents or to cancel and re-issue the Request for Consultant
Services;

 Wherever the amount bid for a unit price item does not agree with the extension of
the estimated quantity and the bid unit price, or if the extension has not been made,
the unit price shall govern and the extension and the total bid price shall be
corrected accordingly. If any unit price is left blank then the unit bid amount shall be
deemed to be zero, even if the bidder has submitted an amount for the extension.
For greater certainty, as a unit price contract, the unit prices bid shall prevail and
shall constitute the bidder’s stipulated prices for acceptance by the Region. Any

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multiplication of the unit prices bid by the estimated quantities or the totaling of such
is for the Region’s convenience;

 If a bidder has omitted to enter a price for an item of work identified in the Request
for Consultant Services, the Proponent shall, unless the Proponent has specifically
stated otherwise in the bid, be deemed to have allowed elsewhere in the bid for the
cost of carrying out the said work and unless otherwise agreed to by the Region, no
increase shall be made in the total bid price on account of such omission;

 Should the Region consider non-compliance with the formal requirements of the
Request for Consultant Services to be minor in nature, it reserves the right to waive
such requirements at its sole discretion;

 Proponents who have submitted proposals that have been disqualified by the
Region because of informalities will be notified;

 This Request for Consultant Services is irrevocable and open to acceptance by the
Region up to and including, but not after 120 calendar days after the bid closing.

Rectification Process
Notwithstanding any other term and condition in this document, upon the Request for
Consultant Services closing date and receipt of the Bid Submissions and following the
procedures as set out in this document, there will be a “rectification” period of two (2)
business days in which the Proponents will have the opportunity to rectify any
deficiencies in failing to provide a fully completed set of requirements.

If the Bid Submission does not include a fully completed set of requirements as set out
in this document the Region, at its discretion, may provide the Proponent an opportunity
to rectify the deficiencies within two (2) business days by 2:00:59 p.m. EST. Proponents
must submit the information in person to the Procurement Office by the required day
and time as noted in the Rectification Notice, which will be issued by email by the
Procurement Office to the Proponent Contact in their Bid Submission. This timeline is
considered mandatory and no extensions will be provided.

The Proponent must ensure that any contact information is current and up to date.

Proponents which do not comply and fail to provide the required information within the
rectification period will be disqualified and excluded from further consideration.

Cost Control
The Consultant is required to maintain effective project cost control when providing
engineering services to the Region. Project cost control means the monitoring and

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control of engineering fees and construction costs throughout the duration of the project.
The Consultant shall provide timely notice for recommended scope changes to the
Region’s Project Manager to ensure that action can be taken to mitigate costs and/or
whether additional funding can be obtained for the project.

Timely notice is defined as a reasonable period to permit additional funding to be


obtained (including at least ninety (90) days to prepare reports for Regional Committees
and Council, as necessary) PRIOR to the expected expenditure of additional fees or
costs. Where the Consultant does not exercise proper cost control and has incurred
additional costs, the Region is not obligated to honour such payment for additional
services.

Conflict of Interest
Please refer to the sample of the Agreement for Professional Consulting Services
included in Appendix C.

Errors and Omissions


It is understood, acknowledged, and agreed that while this Request for Consultant
Services includes specific requirements and specifications, the Region shall not be held
liable for any errors or omissions in any part of this Information Package and Terms of
Reference.

While the Region has used considerable effort to ensure an accurate representation of
information in this document, the information contained within is supplied solely as a
guideline for respondents. The information is not guaranteed or warranted to be
accurate by the Region, nor is it necessarily comprehensive or exhaustive. Nothing in
this document is intended to relieve the respondents from forming their own opinions
and conclusions with respect to the matters addressed in it.

Municipal Freedom of Information and Protection of Privacy Act


The Consultant acknowledges that any Proposal, Detailed Work Plan and Upset Budget
(The “Bid Submission”) submitted shall become a record belonging to The Regional
Municipality of Waterloo and, therefore, are subject to the Municipal Freedom of
Information and Protection of Privacy Act. This Provincial law gives individuals,
businesses and other organizations a legal right to request records held by the Region,
subject to specific limitations. The Consultant should be aware that it is possible that
any records provided to the Region, including but not limited to, pricing, technical
specifications, drawings, plans, audio-visual materials or information about staff, parties
to the Bid Submission or suppliers could be requested under this law. If the Consultant
believes that all or part of the Bid Submission should be protected from release, the

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relevant part(s) should be clearly marked as confidential. Please note that this will not
automatically protect the Bid Submission from release, but it will assist the Region in
making a determination on release, if a request is made. The identity of all Consultants,
as well as total fee and disbursements, may be available to the public under the
Region’s Purchasing By-law.

Region Not Employer


The Consultant agrees that The Regional Municipality of Waterloo is not to be deemed
the employer of the Consultant nor its personnel under any circumstances whatsoever.

Insurance
Please refer to the sample of the Agreement for Professional Consulting Services
included in Appendix C.

Third Party Claims Process:


The Region of Waterloo’s claims process for Third Party claims is to refer the claimant
directly to the Consultant and to leave the resolution of the claim with the Consultant.
This applies regardless of whether or not it is an insured loss.

As the Region of Waterloo has a responsibility to the taxpayers, we must ensure that
claimants are dealt with in a fair and efficient manner. Claims reported to the
Consultant, either directly by a third party or through the Region of Waterloo shall be
promptly investigated by the Consultant. The Consultant shall make contact with the
third party claimant within 48 hours of receipt of notice of a claim. The Consultant shall
initiate an investigation of the claim immediately upon notice, and advise the third party
claimant in writing, with a copy to the Region of Waterloo, of the status of their claim
within 21 calendar days of the notice. Upon resolution of the claim, the Consultant shall
issue a letter to the claimant, with a copy to the Region of Waterloo, which will include
the reasons for their position.

Should this position not resolve the claim and be accepted by the third party claimant,
the Consultant shall immediately report the claim to its Insurer for a further review.
(Insurer for this purpose is defined as either the Claims Department of the Consultant’s
Insurance Company or the Claim’s Administrator at the Consultant’s Insurance Broker.)
The Consultant’s Insurer upon receipt of this claim shall advise the third party claimant
by letter, with a copy to the Region of Waterloo, that they are now investigating the
claim. When a final position on the claim has been determined, the Consultant’s Insurer
shall advise the third party claimant by letter, with a copy to the Region of Waterloo.
Failure to follow this procedure shall permit the Region of Waterloo to investigate and
resolve any such claims.

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Indemnification
Please refer to the sample of the Agreement for Professional Consulting Services
included in Appendix C.

Negotiations
The Region reserves the right, in its sole and absolute discretion, to accept or reject any
Proposal, Detailed Work Plan and Upset Budget, to request new submissions, to cancel
the assignment, or to negotiate a contract for the whole or any part of the assignment
with any one or more Consultant s whatsoever.

Contractor/Consultant Performance Evaluation


The Region, at any time during and/or after the completion of the Consultant Services
Agreement (“Agreement”), may conduct a formal evaluation of the Consultant's
performance using a performance evaluation form as established by the Region. The
results of the formal performance evaluation shall be provided to the Consultant.

If the Consultant obtains a score of less than 80% on one performance evaluation on
one Agreement then the Region shall place the Consultant on probation for a period of
two years from the date that the Region gives the Consultant notice of the probation. If
a Consultant receives a score of less than 80% on a performance evaluation for an
Agreement during a probation period then the Region shall suspend the Consultant for
a period of two years from the date that the Region gives the Consultant notice of the
suspension and the Region shall not open and consider any Bid Submission or
otherwise acquire any goods or services from the Consultant. At the conclusion of the
suspension period, the Region may open and consider Letters of Interest/Detailed Work
Plans from the Consultant, and otherwise acquire any goods or services from the
Consultant, but the Consultant will be on probation for a one year period commencing
on the date that the suspension concludes.

The Consultant may, within 15 days of receipt of a performance evaluation, write to and
request that the Region's Chief Financial Officer reviews the performance evaluation in
relation to the grounds as set out in the Consultant's written request. Upon receipt of a
written request, the Chief Financial Officer shall review the performance evaluation
based on the grounds set out in the request and the Chief Financial Officer shall have
all the authority to either revise or confirm the performance evaluation. At the
conclusion of the review, the Chief Financial Officer shall advise the Consultant in
writing of his or her decision and the Consultant agrees to be bound by such without
any further right of review or appeal to any court or other body having lawful
jurisdiction.

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This provision shall not limit the ability of the Region in any way to utilize third party
references, internal references, performance evaluations or other information when
considering this or any other Bid Submissions.

The Region's performance evaluation process shall not limit any other rights or
remedies of the Region including those rights and remedies as set out in the
Agreement.

The Consultant agrees to the terms of the performance evaluation process as set out
herein and shall adhere, both during and after the term of the Agreement, as applicable.

If you have any questions, please follow the instructions indicated previously in the
section “Clarifications and Qualifications”.

Attachment:

Appendix A: Information Package/Scope of Work

Appendix B: AODA Corporate Guidelines for Information and Communication

Appendix C: Sample Agreement for Professional Consulting Services

The following documents are attached separately:

Appendix D: Detailed List of Properties

Appendix E: Hierarchy Component Summary

Appendix F: Risk Assessment

Appendix G: Reliability Centred Maintenance Logic

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Appendix A

Scope of Work

A listing of all properties, their addresses and general information has been included in
Appendix A. The requirements of the Consultant include, but are not limited to:

- Reviewing available drawings, specifications, maintenance records, historical major repairs


and replacement records for each property.

- Conducting a detailed non-destructive on-site assessment of each property including full


exterior inspections and interior inspections of no less than 10% of a sample representation
of the units (a minimum of 3 units per property) as chosen in consultation with the
Community Housing Provider and Project Manager (complete with attic inspections where
applicable).

- Performing a general inspection to establish regulatory compliance with the Ontario Building
Code, Ontario Hydro Electrical Code, Ontario Fire Code and Accessibility standards.

Identifying problem areas that require in-depth destructive testing for proper evaluation of
underlying defects and providing a budget cost to perform the in-depth destructive testing.

- Correspond through Project Manager to determine current repair and maintenance trends of
the property and planned capital repair programs in the near future.

- Using information collected on site and from correspondence through Project Manager,
complete a BCA and 30 year Expenditure Table on each property outlining all building
elements to provide information asset data, component description, condition and
recommendations, expected, effective and remaining life, priority, cost to replace,
replacement/repair year, risk assessment, failure mode effects analysis, reliability centered
maintenance logic, and lock-out/tag out information.

- Ensure that the 30 year Expenditure Table is an excel document that is able to be unlocked
and adjusted by the Region of Waterloo for budgeting purposes in the future.

- Insignificant components with a cost threshold under $3,000 can be omitted from the reports
and are considered a maintenance item however, if the total of identical components are
over the $3,000 threshold they shall be included in the reports. For example, if a building
has 60 bathroom exhaust fans, each fan is under $3,000 but combined would total over the
threshold and shall be included in the reports. Life/safety items do not have a threshold.

- Prices regarding the risk assessment, failure mode effects analysis, and reliability centered
maintenance logic may be discarded or incorporated into the bid price at the discretion of
the Region.

- Recording all on-site findings with a digital camera and include electronic copies with the
report.

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- Provide a draft report of a BCA for selected properties in advance of completing other
reports to the Project Manager for approval to serve as a benchmark including an electronic
copy. Ensure reports are not significantly technical keeping in mind the reading audience
may not have a technical background.

- Provide draft reports of the BCA of each property to the Project Manager for discussion
purposes. Revise draft report as required as per comments from the Project Manager.

- Submitting a final BCA for each property to the Region in hard copy and electronic format.

- Not to be in a conflict of interest as defined in Housing Services Act, 2011, Ont. Reg. 367/11
s. 100

- Complying with and performing all the applicable obligations of all applicable laws of Ontario
and Canada including the Ontario Occupational Health and Safety Act, the Residential
Tenancies Act, the Co-operators Corporations Act, the Ontario Workplace Safety and
Insurance Act and other applicable labour laws, the Ontario Human Rights Code and the
Pay Equity Act.

Where, in the course of inspection, the Consultant finds evidence of non-compliance with
current applicable laws and regulations such as the Ontario Building Code, Ontario
Occupational Health and Safety Act and Fire/Life Safety legislation, the consultant will include
this information in the section of the Capital Plan report. The Consultant, however, is not
required to carry out a code compliance review.

Where, in the course of inspection, the Consultant finds evidence of environmental issues that
have been identified (i.e. asbestos containing materials, possible mould) or areas that constitute
immediate action (i.e. structural issues, etc.), the Consultant is required to notify the Project
Manager.

By submitting a proposal, the Consultant acknowledges that it has based its proposal on its own
knowledge, field examination, information and judgement and assumes all risk of the contract.

Any Work not specified in the Request for Proposal document that is necessary for the proper
performance and completion of any part of the Work specified shall, at the sole discretion of the
Region, be performed by the Consultant as if such Work had been specified and shall not be
subject to any claim by the Consultant for additional compensation.

3.1 MEETINGS AND PROGRESS REPORTS

Proponents shall make provisions in their proposal submission for the following:

- Regional Staff and the successful Consultant will have an initial meeting at the Region of
Waterloo office to discuss a proposed site visit schedule provided by the Region of Waterloo
to the Consultant at this time. Regional staff will provide the Consultant with the contact
information for each property; units chosen for interior unit inspections at each property will
be given to the Consultant prior to the site visit of that property. Additional project meetings
will be scheduled during the implementation of the BCA project timeline for the Project

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Manager and Consultant

- Telephone discussions between the Project Manager and the Consultant to discuss
progress, concerns and other issues as required.

- The Consultant creating, maintaining and retaining records of all meetings, telephone
discussions and interviews.

- The Consultant preparing a draft and final report presentation including a summary report
and the spreadsheet for the Region.

- Submit a separate line item and accumulated total price allowing for a virtual thirty (30)
minute presentation (including Q & A) of the final BCA per site, highlighting key elements
and providing a summary, for the Housing Provider and Regional Staff. The presentation
would be scheduled minimum a week after the final BCA is submitted. The Project Manager
will coordinate the meeting schedule between the consultant and Housing Provider. The
presentation will be created, organized and documented by the consultant in a Powerpoint
format shareable with Project Manager.

- The Properties will be broken into phases based on priority setting, determined by the
Region, and coordinated with the Consultant for scheduling. All reports are to be completed
by September 2022, although presentations may still occur in September and October 2022.

At the sole discretion of the Region, the Consultant at any time may be requested to furnish a
progress report with regards to the contract. Draft reports are required prior to submitting
finalized reports for review. Regional staff will review and provide comments on the draft
reports. After review, Regional staff will contact the Consultant to follow up with any comments
or concerns in regards to the draft report.

3.2 PROPERTIES FORMING PART OF THE CONTRACT

Qualified technical professionals who are experienced in the related type of work shall conduct
a BCA of each property. The properties to be inspected can be found in Appendix D. This list
will be reviewed again with the successful consultant during the initial scheduling phase of the
work.

The Project Manager will be the main contact for this project, and will provide comment with the
draft and final reports and will be advised by the Consultant when issues arise.

Provincial legislation requires at least 24 hours notice be given to a tenant before their unit may
be entered. The On-Site Personnel require several days to prepare the notice and deliver it.
Consequently, there is limited opportunity to change the schedule after it is established.
Access to properties will be provided during normal business hours, Monday through Friday
(defined as 8 a.m. until 5 p.m.). After hours and weekend access will not be permitted within the
interior unit and common areas of a complex.

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3.3 EXISTING DRAWINGS AND DOCUMENTATION

The Consultant’s assessment of the property will include a review of the following documents
and information, if available:

- All architectural drawings and specifications

- All existing warranties, guarantees and service contracts

- Information on replacement cycles for appliances, flooring and other in-unit items

- Records of capital repairs or replacements

- Maintenance and inspection records and schedules

- Records of capital items added since original construction

- Any compliance orders

- Any current contractors’ quotations for capital repairs or replacements

- Records of any planned capital repairs or replacement

- Any other information on known property problems

The specific property manager at the specific project site location will make all available
drawings, specifications, maintenance records and documentation for each project available to
the Consultant. The Region does not assume any responsibility as to the accuracy or
completeness of the documentation. The Consultant, based on their site inspection and
assessment of the project, will verify all assumptions of existing conditions.

3.4 BUILDING AREAS

In general, the building areas to be inspected and assessed (as they apply to a particular
property) include, but are not limited to:

- Site Elements

- Structural Building Components

- Architectural Building Components

- Interior Building Components

- Elevator Systems

- Electrical Systems

- Mechanical Systems

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The specific elements (i.e. components, systems and equipment) that will be inspected shall
conform to the hierarchy component summary table in Appendix E and laid out as such in the
submission.

3.5 SITE ELEMENTS

The Consultant will conduct a visual review of the Site features to identify areas of
concern/deficiencies.

Major components to be assessed include, but are not limited to:

- Driveways

- Parking lots

- Sidewalks

- Fencing, handrails

- Playground equipment

- Retaining walls

- Storage buildings

- Maintenance buildings

- General landscaping

- Hydrants

- Municipal sanitary water removal systems (septic)

- Storm water removal/catch basins

- Code requirements

Underground testing/camera surveys and lifting of manhole covers is not required.

3.6 STRUCTURAL BUILDING COMPONENTS

The Consultant shall review the project structure, its performance, signs of deterioration,
possible future problems such as cracking of structural members, de-lamination of concrete,
exposure of reinforcing steel, temperature and stress cracking etc.

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Major components to be assessed include, but are not limited to:

Main structural framework and foundations

- Columns

- Foundation walls

- Shear walls

- Floor slabs

- Canopies

- Parapets

- Roof anchors

- Code Requirements

3.6 ARCHITECTURAL & BUILDING ENVELOPE COMPONENTS

The Consultant shall review the project building envelope, its performance, look for signs of
deterioration, anticipate possible future problems such as water penetration, condensation,
fogging of glazing units, de-lamination of face brick, failure of caulking, etc.

Major components to be assessed include, but are not limited to:

- Roof systems

- Eaves troughs, downspouts, soffits and fascia

- Exterior Walls and cladding

- Balcony decks

- Windows

- Doors

- Caulking

- Mailboxes (communal)

- Recreational facilities

- Barrier-free access

- Code Requirements

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The physical condition review of the roofing system on each property will be conducted by visual
observations of all roof systems and roof levels. This includes roofing details (i.e. BUR,
Inverted, Shingled, etc.), gravel, insulation, caulking, flashing details, drainage, vent stack
penetrations, and details around curbs/mechanical units, and reports prepared by others
regarding conditions and/or repairs to the roofs.

For buildings with roof attics (i.e. townhouses), the Consultant will visually review the interior of
the roof attics in townhouse units. Access shall be provided by On-Site Personnel. All ladders
required to access attics are to be supplied by the Consultant. The exterior roof surfaces of
these roofs, typically sloped roofs; eaves, venting, and drainage are to be visually reviewed by
the Consultant, from ground level, for 100% of all roof areas in each property.

For buildings with flat roofs, the On-Site Personnel shall provide access to the roof for the
Consultant to conduct the visual roof reviews. All ladders required to access the roofs are to be
supplied by the Consultant.

For those buildings with roof anchors, the Consultant will review flashing at roof anchors and
comment on current condition of the roof anchors in conjunction with regulations.

Visual roof inspections will only occur when the roof systems are fully clear of snow and ice.

The Consultant is to conduct a visual review of the exterior walls for each property, including the
cladding systems and finishes, glazing and windows, and caulking and sealants. The visual
survey of the building elevations of each property is required to encompass 100% of each
elevation.

Visual inspections of the entire elevations of walk-up buildings, and high-rise buildings are to be
undertaken from the ground. Where visual aids (binoculars) may be required due to the height
of building, these are to be used. In addition, the Consultant may conduct visual reviews from
balconies and adjacent terraced roof levels.

The intent of this review is to identify the nature and extent of problems present, checking for
cracking, other damage and adequacy of jointing, control/expansion joints and caulking.

For properties with balconies, the Consultant is required to identify problems, such as balcony
slab cracking, wood deterioration, cracking/spalling around railing posts, water leakage through
balcony slabs and at balcony slab wall junctions, and balcony drainage. The balconies to be
visually reviewed will be selected so that the Consultant can survey both top and bottom
surfaces. Units selected will be those where obstructions on balconies are not present or can be
easily removed by the resident or On-Site Personnel.

3.7 INTERIOR BUILDING COMPONENTS

The Consultant will conduct a visual review of the common building elements from the interior,
including corridors, lobbies, M/F washrooms, common areas/rooms, stairways and Community
Centres where applicable.

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In terms of interior unit examinations, a review of the capital items on a sample basis is
sufficient provided all categories of capital items are looked at and the sample size is large
enough to give reasonable assurance of the validity of the observations. The Consultant is
required to examine a minimum of 10% of the units at each property but no less than three units
per property. The specific units to be examined at each property will be selected by the
Community Housing Provider and Project Manager jointly and presented to the Consultant
during the initial preparation phases of the project.

Access to the selected units/suites will be arranged by On-Site Personnel to occur consecutively
during the scheduled visits. Units selected will be typical for the property. On-Site Personnel,
who will also accompany the Consultant during the interior unit reviews, will provide access to
each unit and co-ordinate access to each unit to accommodate reviews by the Consultant at the
same time. The On-Site Personnel will provide the Consultant access to other common areas
within each property as required.

The visual survey of the interior of representative units shall include:

- Where problems such as water leakage, cold walls and condensation are reported;

- A sampling review of the windows and balcony doors including both fixed and operable
window units. The condition of the glazing, seals, weather-stripping, drainage features and
operating hardware will be visually examined;

- A sampling of the mechanical, electrical and fire/life safety systems; and the review of floor,
ceiling and wall coverings, and appliances, such as refrigerators, stoves, washers and
dryers, cabinetry and countertops will be assessed and reported on by the consultants. The
Consultant will assess and report on the sinks, hand basins, baths and WCs (toilets). The
unit/suite reviews will not include furniture.

Major components to be assessed include, but are not limited to:

- Ceilings – common areas

- Ceilings – units

- Walls – common areas

- Walls – units

- Floors – common areas

- Floors – units

- Stairwell finishes

- Handrails

- Interior doors – common areas

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- Interior doors – units

- Room Appliances – common

- Room Appliances – unit

- Bathrooms and components – common

- Bathrooms and components – unit

- Recreational facilities

- Barrier-free requirements

- Code Requirements

3.8 ELEVATOR SYSTEMS

Where there are elevators and other conveying systems (such as handicap lifts and swing-
stages, etc.) at a property, the Consultant, using a registered elevator inspection contractor,
shall determine whether the equipment is operating properly and the condition of key elements
of the system.

Elevator and conveying system assessments are carried out for the entire installation, including
machine room equipment, hoistway, pit entrance signal operation and remote controls. The
Consultant’s registered elevator inspection contractor shall be able to access all elevator-related
spaces, including hoistways and machine rooms, without the supervision of the property’s
elevator maintenance contractor.

The elevator and conveying systems inspection shall include a review of equipment such as
motors, selectors, generators, controllers, governors, door and hoisting equipment, fixtures, and
cabs to determine modernization requirements.

In addition, the inspection shall include, but is not limited to, the following:

Machine Room

- Equipment operating speed;

- Fusing;

- Internal inspection of equipment controllers;

- Brushes and commutator health,

- Housekeeping and cleanliness; and

- Elevator motor

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Hoistway

- Door operation at every landing and opening,

- Car leveling accuracy,

- Door operating and protective devices,

- General condition of hoist ropes and travelling cables,

- Check of roller guide adjustment,

- Determination of ride quality; and

- Cleanliness and housekeeping.

Performance

- Flight times,

- Door open and close times,

- Dwell time settings,

- Interrupt times,

- Delayed car time; and

- Noise

Other

- Elevator cab,

- Elevator electrical equipment,

- Elevator sump,

- Elevator pit walls,

- Electrical Systems,

- Distribution panel – main; and

- Distribution panel – intermediate

The purpose of the elevator and conveying systems review is two-fold; to determine whether the
elevations and conveying systems are operating to their design standard; and to review the
systems as a whole with respect to the rate of ageing and obsolescence and thereby provide
information to the reserve fund study to allow provisions to be made for replacement of the
systems or major elements of the systems as they age or become obsolete.

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The report will provide details of the Consultant's findings and recommendations on the
elevators and conveying systems remaining practical life expectancies as well as Code or other
upgrades. This will include provision of scheduling and budgetary figures.

Site records, drawings, and maintenance logs are to be checked by the Consultant for
compliance with the latest new maintenance regulations that came into effect. Noted
deficiencies will be formally summarized in the report.

3.9 ELECTRICAL SYSTEMS

The Consultant’s visual inspection of the electrical system shall consist of identification and
assessment of the condition of the power system from the Hydro vault, through the switchgear,
to the distribution system, to each floor level electrical room(s) and to the same number of suite
panels as there are interior unit inspections. The visual inspection shall also include emergency
generator, security system, site communication system (intercom), cable, telephone system and
pipe tracing systems. The Consultant will examine lighting illumination in underground parking
areas, all common areas, and exits to egress.

The Uninterrupted Power Source equipment shall be visually assessed by the Consultant.

The Consultant shall note inefficiencies in the operation of electrical equipment that may cause
unnecessary high-energy costs.

Hydro vaults are not required to be reviewed.

3.10 MECHANICAL SYSTEMS

The Consultant’s visual review will consist of identification of the mechanical systems and
equipment, a review of the maintenance records of this equipment to identify areas of concern
and visual examination of the equipment to assess its working condition.

The visual examination will include, but is not limited to, the review of the following equipment:

- Heating systems – common

- Heating systems – unit

- Air make up systems

- Exhaust systems – common

- Exhaust systems – unit

- Chiller/cooling systems

- Well water supply – pump

- Well water supply – holding tank

- Domestic hot water heaters/boilers

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- Domestic hot water holding tanks

- Domestic water supply recirculation pumps

- Domestic water treatment systems

- Code requirements

The Consultant shall note inefficiencies in the operation of mechanical equipment that may
cause unnecessary high energy costs.

3.11 FIRE/LIFE SAFETY SYSTEMS

A review of the fire/life safety systems at each property that affects detection, containment,
suppression and means of egress is required. This will include fire alarm and sprinkler systems,
fire separations, door and frame ratings, closures etc. If available, fire logbooks and fire safety
plans will be reviewed.

The Consultant shall also report on:

- Whether the existing fire alarm is still in production.

- The availability of parts

- The risks and costs associated with the equipment of the particular manufacturer should the
system require repair or replacement in whole or in part.

Assess and report on the mechanical related fire systems for detection and suppression,
including elements such as sprinklers, standpipes, fire pumps, fire extinguishers and cabinets,
Siamese connections, fire hydrants, chemical suppression and duct fire protection where
exposed to view.

Assess and report on the electrical related fire system components for detection and
suppression including fire alarms, horns and detection systems.

Assess and report on fire containment, egress facilities, fire separations, door and closure
ratings etc. Also review and report on the Fire Logbook and Safety Plan for each project (if
available).

Major components to be assessed include, but are not limited to:

- Fire alarm system – smoke detectors

- Fire alarm system – pull stations

- Fire alarm system – bell

- Emergency generator

- Emergency lighting

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- Door magnets

- Voice communication

- Exterior lighting system

- Security door system

- Security surveillance

- Fire hydrants

- Fire alarm – sprinkler system

- Fire department – connections and standpipes

- Fire extinguishers and fire hoses

3.12 STANDARD OF REPLACEMENT

Existing building components outlined above are to be replaced to the same standard as the
original component unless:

- a less expensive item is available that can perform to the same standard

- a cost-benefit analysis (including energy savings) shows that replacement to a higher


standard would be cost-effective

- a higher standard is required because of changes to the Ontario Building Code or other
applicable legislation

- an item of the original standard is no longer available

3.13 BARRIER FREE ACCESS / ACCESSIBILITY REQUIREMENTS

Barrier free as defined in the latest version of the Ontario Building Code (OBC) means that a
building and its facilities can be approached, entered, and used by persons with physical or
sensory disabilities.

The Consultant is to perform a general overview of areas noted as barrier free and take note of
obvious barriers, such as, narrow doors, no grab bars.

This would include the following:

- Access to and exit from buildings;

- Building dimensions (washrooms, showers, doors, corridors, ramps and clearances for
handicapped vehicles);

- Services within buildings (counters at public telephones, drinking fountains); and

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- Safe evacuation in case of fire (elevators, areas of refuge).

The Consultant shall assess each property to identify deficiencies with regards to barrier-free
access and to provide recommendations with cost estimates for remedial actions.

3.14 CODE COMPLIANCE

During the assessment, the buildings, systems and components, and services will be assessed,
in general, for code compliance, (i.e., Building Code, Fire/Life Safety, Occupational Health &
Safety Act). This general code compliance assessment does not mean a "Code Compliance
Review". The Consultant is required to determine, during the visual reviews if the building or
property is generally, "in a global sense", in compliance with the current laws and regulations
governing its operations. Comments provided by the Consultant shall be detailed as to the
nature of the non-conformance, indicating the section of the code or regulation with which it is
non-compliant; the exact location and nature of the non-compliance; and include a description of
what is required to rectify the situation. It is the responsibility of the Consultant to ensure the
scope of work is met.

3.15 EACH PROPERTY REPORT SHALL CONTAIN THE FOLLOWING:

- The data and information are stored in an electronic form and format compatible with the
Region’s present systems, programs and formats such that the data contained in the reports
can be transferred directly to the Region's databases. The electronic formats and programs
to be used are as follows: Microsoft Excel and Microsoft Word; and are compatible with
Windows 7.

- Letter of transmittal on company letterhead;

- Table of Contents;

- Executive Summary of major findings, recommendations, including a tabular breakdown.


The executive summary will include a roll-up of the costs by major property elements for
each building type within each property.

- Introduction: a brief statement of property location, property descriptions (i.e., in general


terms, date of construction, type, size etc.) plus the purpose of the report, assumptions,
assessments techniques, methodology, etc.);

- Definitions and assumptions of all the various standards and terms to be used;

- Relative compliance with current building codes and by-laws;

- A section on capital issues, including observations, if any, on the non-compliance of any


item with applicable laws and regulations, and a review of any major problem areas
requiring further in-depth testing, including a description of the problems, the type of testing
required and an estimated cost. All components are to be listed regardless of whether
renewal is required within the span of the 30 year forecast;

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- General themes of the templates include:

• Coding and listing components as per provided hierarchies (Appendix E)

• Component description, condition and recommendation

• Expected, effective and remaining life

• Priority based on prioritization system provided

• Replacement cost

• Forecasted year for renewal

• General component data as per columns in template

• Risk assessment (Appendix F)

• Reliability centered maintenance logic (Appendix G)

• Failure mode effects analysis

• Lock-out/tag-out data for equipment with ≥ 208V

- Colour digital photographs of all components, specifically areas under consideration and of
any noted major deficiencies or areas requiring repair. All photographs will be taken using a
digital camera and be incorporated into the report in digital format. Scanned photographs
will not be accepted. The resultant image must be of the appropriate resolution and
compression to deliver an image of sufficient detail to document the condition referenced. At
minimum, the Consultant will provide photographs of each elevation; of each roof level and
of typical site elements. All Consultants will provide photographs of specific major
deficiencies or areas requiring repair/replacements and will be included in the summary
report also.

- Consultant’s comment and assumptions regarding the impact of manufacturer's


obsolescence cycles on the replacement cycle and therefore the anticipated life span of
specific elements.

3.16 PRIORITIZATION SYSTEM

To assess the priorities of the repairs/replacements to the various elements at each property,
the following ratings from one to five shall be used:

1 Very Good: Asset is physically sound and is performing its function as originally intended.
Required maintenance costs are well within standards and norms. Typically, asset is new or
recently rehabilitated.

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2 Good: Asset is physically sound and is performing its function as originally intended.
Required maintenance costs are within acceptable standards and norms but are increasing.
Typically, asset has been used for some time but is within mid-stage of its expected life.

3 Fair: Asset is showing signs of deterioration and is performing at a lower level than originally
intended. Some components of the asset are becoming physically deficient. Required
maintenance costs exceed acceptable standards and norms are increasing. Typically, asset
has been used for a long time and is within the later stage of its expected life.

4 Poor: Asset is showing significant signs of deterioration and is performing to a much lower
level than originally intended. A major portion of the asset is physically deficient. Required
maintenance costs significantly exceed acceptable standards and norms. Typically, asset is
approaching the end of its expected life.

5 Very Poor: Asset is physically unsound and/or not performing as originally intended. Asset
has higher probability of failure or failure is imminent. Maintenance costs are unacceptable
and rehabilitation is not cost effective. Replacement/major refurbishment is required.

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APPENDIX B
AODA Corporate Guidelines for Information and Communication

Item Guideline Rationale Exceptions Applicability

PDFs All PDFs posted to the Under AODA legislation, Maps, complex All PDFs posted to our
Region’s websites or all websites and web diagrams, PCC websites moving forward.
shared externally must content (including PDFs) boards, and PDFs Existing PDFs on our
be accessible must soon meet a certain created prior to Jan. websites must be made
(documents and level of accessibility 1, 2012. accessible by the time
graphically designed (WCAG level AA) in order our websites are
PDFs). to be accessible to people refreshed (late 2017).
using assistive devices.

Alternate formats All hard copy documents According to the AODA, All hard copy documents
available upon will include a statement we need to notify the going forward will have
request that alternate formats public that accessible the statement. However,
are available upon formats and under the Customer
request. communication supports Service standard which
are available upon came into effect on
“Alternate formats of this request. January 1, 2010, we have
document are available an obligation to work with
upon request. Please our customers to provide
contact <<name>> at them with information in a
<<e-mail address, format that takes into
telephone number, TTY account their needs.
number>> to request an
alternate format.”

Font style and The recommended font Sans-serif fonts are Paid print collateral Public notices,
size style and size for body considered more legible (i.e. newspaper correspondence, reports.

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APPENDIX B
AODA Corporate Guidelines for Information and Communication

Item Guideline Rationale Exceptions Applicability

text is Arial (or another than serif fonts, narrow articles), emails
Sans-Serif font), 12 fonts or decorative fonts. (minimum 11 pt font).
points.
Fonts at smaller size may Graphically designed
If a document contains be ineligible for some collateral.
footnotes or endnotes, audiences.
the minimum size should Other acceptable
be about 9 points. fonts are San Serif
i.e. Tahoma,
The minimum font size Verdana, Helvetica
for PowerPoint slides is and Calibri.
24 points. Headers and
subheaders can be
much larger (between
40-60 points) depending
on the slide layout.

Italics Italic should never be An entire block of italic Italics can be used to All documents and
used for paragraphs or can be hard to read meet style webpages.
blocks of text. because computer conventions or
monitors may not render guidelines such as
diagonal lines clearly1. the American
Psychological
Association format
(APA), Canadian

1 Access Ability – Text Block Formatting.

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APPENDIX B
AODA Corporate Guidelines for Information and Communication

Item Guideline Rationale Exceptions Applicability

Press (CP) standards


and conventions
when naming
legislation.

ALL CAPS ALL CAPS should never Screen readers rely on ALL CAPS is allowed All documents and
be used for paragraphs cues from lowercase to emphasize webpages.
or blocks of text. ascenders and important
descenders which makes information. For
it hard for them to read example, “FIRE
ALL CAPS accurately HAZARD”.

Underline Underline should never Underlined text is harder Underlines should All documents and
be used for paragraphs to read only be used to webpages.
or blocks of text. designate a link.

Acronyms Spell out acronyms on Unfamiliar acronyms and Consider your All documents and
first use. E.g. abbreviations mean audience. For webpages.
Accessibility for nothing to readers. instance, if you are
Ontarians with Expanding acronyms and writing a document
Disabilities Act (AODA) abbreviations allows only for internal use,
readers to learn their your audience might
Avoid acronyms and meaning. know what the
abbreviations if possible acronym means.
It is also important to spell
out an acronym in the
body of the text. If it is in a

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APPENDIX B
AODA Corporate Guidelines for Information and Communication

Item Guideline Rationale Exceptions Applicability

footnote, the screen


reader will not pick it up.

Hyperlinks Write links that make Many screen readers give Documents that will Electronic documents
sense out of context. users the option to read only be available as and webpages.
Use descriptive link text just the links on hard copies (will
detailing the destination; webpages. Link text which never be on the
not just “click here” or is meaningful out of website).
similar phrases context is more usable in
a list.
Link text made up of
phrases is better than People with limited motor
single words. control have less difficulty
hitting longer links.

Colour and Colour is not used as the People with colour All documents and
contrast only visual means of blindness may not be able webpages.
conveying information, to pick up the colour and
indicating an action, could miss what you are
prompting a response, or trying to convey
distinguishing a visual
element Sufficient contrast
between the background
Ensure that text and and text or objects in the
background have foreground is key for low
sufficient contrast (most vision users
readers prefer dark text

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APPENDIX B
AODA Corporate Guidelines for Information and Communication

Item Guideline Rationale Exceptions Applicability

on a light background) Some colour blind users of


not perceive reds (i.e. red
Avoid contrasts of red is the same as “no colour”
and black or black).
Avoid long blocks of light Blocks of light text on dark
text on dark backgrounds are hard to
backgrounds read.
Strongly textured Strongly textured
backgrounds should be backgrounds make the
avoided. text harder to read.

Headings and Use Style Guides in Headings and All documents and
subheadings Microsoft Word. subheadings are important webpages.
for usability and
accessibility to help
readers determine the
overall outline of the
document and to navigate
to specific information that
may need more attention.

Screen readers do not


pick up on visual cues
(larger font, different
colour) but will pick up the

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AODA Corporate Guidelines for Information and Communication

Item Guideline Rationale Exceptions Applicability

level of heading (heading


level 1, heading level 2..).

Adding headings is one of


the most important tools
for a screen reader user
so that he or she can learn
what is on the page.

Electronic All Regional letterhead is Scanning a physical Aiming for Dec. 2015.
letterheads available in an electronic letterhead creates an
format. image file which is not
accessible.

Templates All templates available in It is easier to create an


RegForms are formatted accessible document than
for accessibility. it is to fix an existing
document.

Emails 1) All emails, internal Aiming for Dec. 2015.


and external,
conform to the
following formatting
guidelines:
a) Use a san serif
font.

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AODA Corporate Guidelines for Information and Communication

Item Guideline Rationale Exceptions Applicability

b) Have a font colour


with strong
contrast (i.e.
black, dark blue).
c) Have a white or
“blank”
background.

Follow corporate email


signature standards.

Alternate text Every image or chart Alt text is read by screen Purely decorative All electronic documents,
needs a short readers in place of images and irrelevant images webpages.
description. allowing the content and can be tagged as
function of the image to be “artifacts” which will
If your description needs accessible to those with result in them being
more than 25-30 words, visual or certain cognitive ignored by screen
provide a long disabilities. readers.
description and a shorter
ALT Text to identify the
image.

Use of text in As much as possible, Images are not readable Logos


images avoid presenting text in by screen readers.
images.

Infographics Use appropriate colour Alt text to be used.

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AODA Corporate Guidelines for Information and Communication

Item Guideline Rationale Exceptions Applicability

contrast, follow the other Infographics designed in


guidelines for accessible excel must also meet
style (font style, size, AODA communication
etc.) and provide a text guidelines.
alternative.

Basic maps Use appropriate colour


contrast, do not use only
colour to distinguish
important information,
include a text alternative.

If it is just directions to
somewhere then just
provide text directions,
including walking
directions from nearest
public transport station.

Highly technical Highly technical Construction documents,


information documents or sections of certain maps.
documents will include
an acknowledgment that
the document is not
accessible. The
statement will also

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APPENDIX B
AODA Corporate Guidelines for Information and Communication

Item Guideline Rationale Exceptions Applicability

include contact
information for a staff
person who can provide
the information to a user
(verbally in person or
over the phone).

Forms All forms that are posted Fillable forms can be At this time, this does Registration forms, intake
to the Region’s website completed by the user not apply to forms forms, feedback forms,
will be: with their own strictly posted to the attendance forms, and
technologies, allowing for Employee Portal. any other type of form
 Fillable greater access and ease where a user needs to
 Meet WCAG 2.0 of use. complete information.
Level A guidelines
 Include a Following WCAG 2.0
“Submit”, “Print”, Level AA guidelines
or “Save” button. ensures the forms are
useable by screen-readers
Forms where signatures and assistive
are required must technologies.
include a “Print” or
“Save” button. The “Submit” “Print” and
“Save” buttons provide the
administrator with options
for receiving the form,
while allowing the user to
know when they reach the

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APPENDIX B
AODA Corporate Guidelines for Information and Communication

Item Guideline Rationale Exceptions Applicability

end of the form, and


providing direction on how
to send the form.

Please note:

•Language from Legal for bid documents – relating to the responsibility of the contractor to provide accessible formats of
documents.

•Siteimprove has been launched across the Region. It scans the website and pdf documents highlighting accessibility
errors and how to correct them.

References:

AccessAbility – Accessibility and Usability at Penn State

CanAdapt – Intro to the Basics of WCAG

Region of Waterloo Making Documents Accessible Manual

WebAIM – Web Accessibility in Mind

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APPENDIX C

(Construction Act Version)


AGREEMENT

FOR

PROFESSIONAL CONSULTING SERVICES

MEMORANDUM OF AGREEMENT dated the [to be completed] day of ***, 20**

- BETWEEN -

THE REGIONAL MUNICIPALITY OF WATERLOO


(hereinafter called the "Region")

THE PARTY OF THE FIRST PART

- AND -

*** [INSERT CONSULTANT’S LEGAL NAME IN CAPITALS AND BOLD FONT] ***
[Legal to conduct name search]
(hereinafter called the "Consultant")

THE PARTY OF THE SECOND PART

WHEREAS the Region is undertaking a *** to provide ***; [Insert general description of work
being undertaken by the Region]

[Include only the appropriate one of the following three recitals]

AND WHEREAS Regional Council, as confirmed by By-law **-***, dated ***, has
approved the entering into of an agreement with the Consultant to provide consulting
services for *** (herein called the “Project), at a cost of up to[Insert dollar and figure
amount in bold font ] $***, [including] or [plus] all applicable taxes; [Where value of contract
is in excess of $500,001K]

-OR-

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AND WHEREAS the Regional Chief Administrative Officer, by Purchase Award dated
***, has approved the entering into of an agreement with the Consultant to provide
consulting services for *** (herein called the “Project”), at a cost of up to [Insert dollar
and figure amount in bold font ] $***, [including] or [plus] all applicable taxes; [Where
value of contract is in excess of $150,001K but less than $500,000K]

-OR-

AND WHEREAS the Region wishes to retain the services of the Consultant to provide
consulting services for *** (herein called the “Project), at a cost of up to[Insert dollar
and figure amount in bold font ] $***, [including] or [plus] all applicable taxes; [Where
value of contract is less than $150K]

AND WHEREAS the Consultant has agreed to furnish professional services in


connection with the Project in accordance with the terms and conditions herein
contained;

NOW THEREFORE WITNESSETH that in consideration of the covenants contained


herein, the Region and the Consultant mutually agree as follows:

1. Term of Project

This Agreement shall commence upon the execution of this Agreement by both parties
and, unless terminated sooner, shall end upon completion of the Services (as that term
is herein defined) in accordance with the terms herein contained. For clarity, the
anticipated completion date is ***.

2. Retainer

The Region retains the services of the Consultant in connection with the Project and the
Consultant hereby agrees to provide the services described herein under the general
direction and control of the Region.

3. Services

The “Services” to be provided by the Consultant under this agreement include the
following “Core Services”, as more particularly set forth in Schedule “A” attached hereto
and any “Additional Services” which include those that result from changes or
alterations to the Core Services which shall be changed, altered or added to in
accordance with this Agreement:

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(a) ***; [Identify general services or specific tasks as set out in the RFP]

(b) ***; and

(c) Project Management to ensure consistent project direction is maintained.

The Consultant shall provide copies of deliverables to the Region in accordance with
the format and timelines specified in Schedule “A”.

4. Schedule “A” Contents

Schedule “A” includes the following documents, listed in order of precedence for the
purposes of any inconsistency: [Amend names of only the applicable documents (delete reference
to non-applicable documents) for consistency with title/heading of relevant ancillary documents and
include relevant portions only of such documents]

(a) Addendum [Insert specific Numbers] issued by the Region;

(b) Regional Terms of Reference for the Project;

(c) Detailed Work Plan and Project Schedule dated *** which provides a more
detailed description of the Core Services to be provided by the Consultant;

(d) Technical and Consultation Budget chart dated *** showing the total cost of the
Core Services including fees and disbursements (hereinafter called the
“Budget”); and

(e) Expression of Interest.

5. Changes and Alterations and Additional Services

(a) In consultation with the Consultant, the Region may in writing at any time after
the commencement of the Agreement or the commencement of the Services, delete,
extend, increase, vary or otherwise alter the Services required under this Agreement.

(b) In the event that the parties increase the overall Services required, the Region
shall, where appropriate, pay the Consultant for its additional fees and disbursements in
accordance with Section 12 of this Agreement.

(c) In the event that the parties decrease the overall Services required under this
Agreement, the Region may reduce the amounts prescribed, at its sole discretion, under
Section 12 (a) of this Agreement.

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(d) In the event that the Consultant wishes to change the Services, a written
proposal shall be submitted to the Region detailing the need for and the changes in
scope along with the associated fee adjustment. The Consultant must receive written
approval of the changes from the Region prior to the change coming into effect.

6. Subsequent Changes in the Budget, Project Schedule and Milestone


Deliverables

The Consultant will require prior written approval from the Region for any of the
following:

(a) Any increase in the fees beyond those approved under Section 12;

(b) Expenditure of any portion of the Contingency Allowance outlined in Section 12;

(c) Any change in the proposed Project schedule which results in a longer
completion period than presented in Schedule “A” or provided in Section 1; and

(d) Any change in the Project Manager, employees, agents or sub-contractors


performing the Services, or in the salaries/hourly wages paid to such persons, as
provided in Schedule “A”.

7. Specialized Services

The Consultant may engage others for specialized services provided that prior written
approval is obtained from the Region. For clarity, the Consultant may add an
administrative charge of not more than 5% of the cost of such services to cover office
administration costs when claiming reimbursement from the Region. The written
approval of the Region under this section shall not increase or alter the total upset limit
as set out in Section 12(c).

8. Staff and Methods

The Consultant shall skillfully and competently perform the Services consistent with
industry best practices, and shall employ only skilled and competent staff who will be
under the supervision of a senior member of the Consultant’s staff who has previously
been designated by the Consultant and approved by the Region.

9. Drawings and Documents

Drawings and documents or copies thereof required for the Project shall be exchanged
between the parties on a reciprocal basis.

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APPENDIX C

10. Ownership and Delivery of Materials

(a) All Work Product created by, produced by, or rendered by the Consultant under this
Agreement is “work for hire” and is the sole property of the Region. “Work Product” herein
means everything that is prepared or produced by the Consultant in the course of this
Agreement, including, without limitation, concepts, products, processes, notes, data,
memorandums, reports, documentation, maps, drawings, computer programs, trade names,
trade marks, service marks and the goodwill related thereto, either in written or in electronic
form.

(b) On the earlier of completion of the Project and termination of this Agreement, the
Consultant shall deliver to the Region all materials in the Consultant’s possession relating to
the Project, including, but not limited to all materials which are provided by the Region to the
Consultant under this Agreement; provided, however, the Consultant shall be entitled to
retain a copy of all materials reasonably required to satisfy its internal record-keeping
obligations, and for no other purpose.

11. Intellectual Property

The Consultant shall transfer, assign and convey to the Region, its successors and
assigns, all of the Consultant’s right, title, interest and ownership throughout the world,
without reservation, in and to any materials or documentation written, designed or
produced by or for the Consultant pursuant to or in connection with this Agreement in
any medium or format, including but not limited to, reports, studies, templates,
compilations and collections of data, and related documentation (herein the “Intellectual
Property”).

The Consultant shall not incorporate into any deliverables anything that would restrict
the right of the Region to modify, further develop or otherwise use the Intellectual
Property.

At the request of the Region, at any time or from time to time, the Consultant shall
execute and agrees to cause its directors, officers, employees, agents, partners,
affiliates, volunteers or subcontractors to execute an irrevocable written waiver of any
moral rights or other rights of integrity in the Intellectual Property in favour of the
Region, and which waiver may be invoked without restriction by any person authorized
by the Region to use the Intellectual Property. The Consultant shall deliver such written
waiver(s) to the Region within 10 business days of the receipt of request from the
Region.

The Consultant represents and warrants that it shall at all material times have the right,
title and/or interest in and to the intellectual property embodied in the Intellectual

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Property that it needs to legally and validly assign all right, title and interest in the
Intellectual Property. The above warranty shall survive any termination or expiry of this
Agreement.

Notwithstanding the foregoing, in the event that the Region, in its sole discretion, agrees
to waive its rights granted under this Section 11, either partially or in full, the Region
shall have a permanent non-exclusive royalty-free license to use any concept, product
or process which is patentable, capable of trademark or otherwise produced by or
resulting from the Services rendered by the Consultant in connection with the Project.

12. Fees and Disbursements [Amendments to this section are to be made on a case by case
basis]

(a) The Consultant shall be paid a fee, calculated on a time basis, for the Core
Services in accordance with the Budget attached hereto as part of Schedule “A”.

(b) In addition to the fee, the Consultant shall be reimbursed at cost plus an
administrative charge of 5% for all reasonable expenses properly incurred by them in
connection with the Services, including but not limited to: vehicle use charges, traveling
and living expenses, long distance telephone charges, report production costs,
photography, special delivery charges, supplies and equipment, field equipment costs,
laboratory costs. Computer and office charges are considered part of overhead and
shall not be invoiced as disbursements. Notwithstanding the foregoing, the Consultant
may alternatively, at its sole discretion, opt to charge for disbursements at a fixed rate
not to exceed 6% of the fee referenced in Section 12(a) above (and any approved
Contingency Allowance) and, in such event, the Consultant will not be obliged to
provide a detailed accounting of such disbursements as set out in Section 14(c).

(c) Notwithstanding any other provisions contained in this Agreement, the total fees,
disbursements and administrative charges paid by the Region to the Consultant for the
Services shall not exceed the total amount of [Insert dollar and figure amount in bold
font ]*** Dollars ($***), plus all applicable taxes made up as follows:

(i) $*** plus applicable taxes in relation to the Core Services; and
(ii) $*** plus applicable taxes as a Contingency Allowance for Additional
Services that may be required but are not included in Schedule “A” hereto.

(d) The Consultant shall submit to the Region at least 20 calendar days before the
first invoice for payment, a schedule of values for the parts of the Core Services,
aggregating the total amount of the contract price for such, so as to facilitate evaluation
of the invoices for payment. The schedule of values shall be made out in such form and
supported by such evidence as the Region may reasonably direct and when accepted
by the Region, shall be used as the basis for invoices for payment, unless it is found to
be in error.

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APPENDIX C

(e) The Consultant must request and receive the written approval of the Region
before any Additional Services are carried out that are not included in Schedule “A”.

13. Invoicing and Payment

(a) The Region has issued a Purchase Order No. *** for the amount of [Insert dollar
and figure amount in bold font ]*** Dollars ($***) (the “Purchase Order”) [including] or
[plus] all applicable taxes. All payments will be made against this Purchase Order.

(b) Throughout the term of this Agreement, the Consultant shall submit in electronic
format proper invoices to the Region at the email address in paragraph 28 of this
Agreement for all Services completed in the immediately preceding month, and all such
invoices shall reference the Purchase Order. The Consultant shall submit proper
invoices in accordance with the Construction Act, R.S.O. 1990, c.C.30 as amended or
replaced (“Construction Act”) and, at a minimum, proper invoices shall include the
following information:

(i) The Consultant’s name and address.


(ii) The date of the proper invoice and the period during which the services or materials
were supplied.
(iii) Information identifying the authority, whether in the Agreement or otherwise, under
which the services or materials were supplied.
(iv) A description, including quantity where appropriate, of the services or materials that
were supplied.
(v) The amount payable for the services or materials that were supplied.
(vi) The name, title, telephone number and mailing address of the person to whom
payment is to be sent.

Proper invoices may not be submitted during the period December 20 to January
5 inclusive, on Saturdays, or on holidays as defined in the Legislation Act.

[OPTIONAL] Prior to each proper invoice for payment, the Consultant shall provide to
the Region a draft of the proper invoice for payment to confirm progress of the Services
completed under this Agreement. The joint checking of progress does not bind the
Consultant in any manner in the preparation of the proper invoice for payment of the
Services completed by the Consultant under this Agreement.

(c) In the event that the Region disputes any portion of the Consultant's fees,
disbursements and administrative charges, the Region shall provide the Consultant with

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APPENDIX C

a notice of non-payment, in the prescribed form pursuant to the Construction Act within
fourteen (14) calendar days following receipt of the proper invoice specifying the
amount of the proper invoice that is not being paid and detailing all of the reasons for
non-payment. The Region shall be entitled to withhold only the amount of the fees,
disbursements and administrative charges in dispute and the balance not in dispute
shall be paid by the Region within twenty-eight (28) days of the proper invoices.

(d) Notwithstanding other provisions, where the Consultant owes monies to the
Region then the Region may set-off such monies from payments due and owing to the
Consultant pursuant to this Agreement.

(e) The parties agree to use their best efforts to diligently pursue resolution of any
fees, disbursements and administrative charges in dispute. If resolution is not achieved,
the amounts in dispute shall be referred to adjudication in accordance with the
provisions of the Construction Act. A notice of adjudication may not be given by either
party during the period December 20 to January 5 inclusive, on Saturdays, on holidays
as defined in the Legislation Act, or during the week leading up to a statutory holiday
long weekend observed in Ontario . Adjudication may not be commenced if the notice of
adjudication is given after the date this Agreement is completed, unless the parties
agree otherwise in writing. All adjudications in person will be held within the
jurisdictional boundaries of the Region of Waterloo unless the parties agree otherwise in
writing.

(f) The Region shall hold back an amount equivalent to ten percent (10%) of the
total fees, disbursements and administrative charges pursuant to the Construction Act.

The Region may make payment of the accrued holdback on the completion of a
design phase of the improvement in relation to the services or materials supplied during
design phase pursuant to this Agreement if, as of the applicale payment date:
(i) there are no preserved or perfected liens in respect of this Agreement, or
(ii) all liens in respect of this Agreement have been satisfied, discharged or otherwise
provided for under the Construction Act.
For the purposes of this paragraph, the completion of a design phase may include the
following, as applicable:

(i) when the Consultant files the final Environmental Study Report as part of
an environmental assessment;
(ii) when the Consultant provides the Region with the final tender package for
issuance.

The Region may refuse to pay some, or all, of the holdback amount herein if the Region
publishes a notice of non-payment in the manner as set out and within the forty (40) day
period as prescribed in the Construction Act.

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APPENDIX C

14. Records and Audit

(a) In order to provide data for the calculation of fees on a time basis, the Consultant
shall keep a detailed record of the hours worked by and salaries paid to all employees,
agents and subcontractors of the Consultant providing Services on the Project.

(b) The Region may inspect and audit the books, payrolls, accounts and records of
the Consultant during regular office hours with respect to any item which the Region is
required to pay on a time scale or disbursement basis as a result of this Agreement and
may make copies thereof as required.

(c) The Consultant, when requested by the Region, shall provide copies of receipts
with respect to any disbursement for which the Consultant claims payment under this
Agreement.

15. Indemnification

The Consultant, both during and after the term of this Agreement, shall at all times, and
at its own cost, expense and risk, indemnify and hold harmless the Region, its elected
officials, officers, employees, volunteers, agents, contractors, and all respective heirs,
administrators, executors, successors and assigns from any and all losses, damages
(including, but not limited to, incidental, indirect, special and consequential damages, or
any loss of use, revenue or profit by any person, organization or entity), fines, penalties
and surcharges, liabilities (including, but not limited to, any and all liability for damage to
property and injury to persons, including death), judgments, claims, demands, causes of
action, contracts, suits, actions or other proceedings of any kind (including, but not
limited to proceedings of a criminal, administrative or quasi criminal nature) and
expenses (including, but not limited to, legal fees on a substantial indemnity basis),
which the indemnified person or persons may suffer or incur, howsoever caused, arising
out of or in consequence of or directly or indirectly attributable to the Services required
to be performed by the Consultant, its agents, employees and sub-consultants on behalf
of the Region, provided such losses, damages, fines, penalties and surcharges,
liabilities, judgments, claims, demands, causes of action, contracts, suits, actions or
other proceedings of any kind and expenses as defined above are due or claimed to be
due to the negligence, breach of contract, and/or breach of law of the Consultant, its
agents, employees or sub-consultants.

This indemnity shall survive any termination of this Agreement and shall continue in full
force and effect for the benefit of the Region.

16. Insurance

The Consultant shall insure its undertaking, business and equipment under the following

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APPENDIX C

coverage so as to protect and indemnify and save harmless the Region:

a.) General Liability Insurance: The Consultant shall maintain liability insurance
acceptable to the Region throughout the term of this Agreement. Coverage shall consist
of a comprehensive policy of public liability and property damage insurance, with all
coverage endorsements available, in an amount of not less than $2,000,000 per
occurrence. Such insurance shall name The Regional Municipality of Waterloo,
and any other person or party identified in the contract documents, as an
additional insured with a cross liability endorsement and severability of interests
provision. The policy SIR/deductible shall not exceed $100,000 per claim and if the
policy has an aggregate limit, the amount of the aggregate shall be double the required
per occurrence limit.

b.) Automobile Liability Insurance: The Consultant shall maintain automobile liability
insurance on all Owned and Leased Automobiles to a limit of $2,000,000 throughout the
term of this Agreement.

c.) Professional Liability Insurance: The Consultant shall take out and keep in force
until three (3) years after this Agreement is no longer in effect, Professional Liability
insurance in the amount of not less than $1,000,000 providing coverage for acts, errors
and omissions arising from their professional services performed under this Agreement.
The policy SIR/deductible shall not exceed $100,000 per claim and if the policy has an
aggregate limit, the amount of the aggregate shall be double the required per claim limit.

d.) Provisions: All Insurers must be licensed in Ontario. The Consultant shall forward
Certificates of Insurance on the Region`s Forms (STANDARD CERTIFICATE OF
INSURANCE and CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE)
evidencing this insurance with the executed Agreement. These Certificates shall state
that coverage will not be suspended, voided, cancelled, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail to the Region.

It is also understood and agreed that in the event of a claim any deductible or self-insured
retention (SIR) under this policy of insurance shall be the sole responsibility of the
Consultant and that this coverage shall preclude subrogation claims against the Region
and any other person insured under the policy and be primary insurance in response to
claims . Any insurance or self-insurance maintained by the Region shall be considered
excess of the Consultant's insurance and shall not contribute with it. The minimum
amount of insurance required herein shall not modify, waive or otherwise alter the
Consultant’s obligation to fully indemnify the Region under this Agreement.

The Region may, without breaching this Agreement, retain from the funds owing to the
Consultant an amount that, as between the Region and the Consultant, is equal to the
balance in the Region’s favour of all outstanding debts, claims or damages, whether or
not related to this Agreement.

The Region reserves the right to modify the insurance requirements as deemed suitable.

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APPENDIX C

17. Suspension or Termination for Convenience

(a) The Region may, for any reason, at any time by notice in writing to the
Consultant, suspend or terminate this Agreement or any portion thereof at any
stage of the Services. Upon receipt of such written notice, the Consultant shall
perform no further services other than those reasonably necessary to close out
this Agreement. In such an event, the Consultant shall be entitled to payment for
work related to such close out of services for any of the Consultant’s staff
employed directly thereon in accordance with Section 12 and the Consultant
agrees to release the Region from its obligation to pay the balance of monies
owing pursuant to this Agreement and shall hold the Region harmless from any
and all claims, including third party claims, relating to the early suspension or
cancellation of this Agreement.

(b) Upon termination of the Consultant's right to proceed with any Services, or any
part thereof, pursuant to this section, the Region shall have the right to take over
such services and to complete, or cause the same to be completed by whatever
means and in whatever manner the Region deems most expedient. The Region
shall have the right to take possession of all materials that are the result of the
Consultant’s services to the date of suspension or termination and close out of
this Agreement.

(c) The Consultant shall insert in all subcontracts that the sub-consultant or
subcontractors will stop all services on the date of and to the extent specified in a
notice of termination from the Region and shall require the sub-consultants or
subcontractors to insert the same provision in sub-subcontracts. The Consultant
shall immediately upon receipt communicate any notice of termination issued by
the Region to the affected sub-consultants and subcontractors.

(d) If this Agreement is terminated pursuant to this paragraph, the Region shall
publish, in the manner set out in the Construction Act, a notice of the termination.

18. Termination for Default

(a) The events described below shall be events of default, upon the occurrence of any
of which the Region shall have the right, at its option, to terminate this Agreement
at its sole discretion.

(b) In the case of any such event, except the Consultant's insolvency, assignment for
benefit of creditors or transfer in fraud of creditors, bankruptcy, or receivership, the
Region shall first give the Consultant written notice that it is in default as defined
herein, and of the reason for such default. If the Consultant fails to remedy or to
begin to remedy such default, to the Region’s satisfaction, within five calendar

3899956
APPENDIX C

days after it receives such notice, the Region may terminate this Agreement by
giving the Consultant a further written notice of its election to do so. Such
termination shall be effective immediately, or at such other time as the Region may
specify in such notice.

For clarity, in case of the Consultant's insolvency, assignment for benefit of creditors or
transfer in fraud of creditors, bankruptcy, or receivership this Agreement shall terminate
immediately upon written notice by the Region, and the Consultant shall not be entitled to
prior notice of such default.

(c) The Region's right to terminate this Agreement as provided in this section shall be
in addition to all other rights and remedies, at law, in equity, or otherwise, to which
the Region may be entitled arising out of such events of default.

(d) The “events of default” for which the Region may terminate the Agreement in
accordance with this section are the following:

i. If the Consultant fails to commence or complete the Services, or any part


thereof in accordance with the terms and conditions of this Agreement;

ii. If the Consultant abandons this Agreement;

iii. If the Consultant replaces, substitutes or removes the Project Manager


and/or key personnel without the prior written approval of the Region;

iv. If the Consultant violates, or fails, neglects, or refuses to perform, any


covenant, promise, condition, understanding, obligation, or other term of
this Agreement;

v. If the Consultant assigns this Agreement without the Region's prior written
consent, or assigns or subcontracts the performance of all or any part of the
Services without the Region's prior written approval; or

vi. If the Consultant (A) becomes insolvent, or makes an assignment for


benefit of creditors, or any transfer in fraud of creditors; (B) files a petition
or an assignment under any section of the Bankruptcy and Insolvency Act,
or under any similar law of Canada or any Province thereof, or a petition in
bankruptcy or insolvency or any similar proceeding is filed against the
Consultant and is not dismissed within 90 days, or the Consultant is
adjudged a bankrupt or insolvent in any proceeding filed against him; or (C)
a receiver or trustee is appointed for all or substantially all of the
Consultant's assets.

(e) Upon receipt of a notice of termination from the Region pursuant to this section,
the Consultant shall:

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APPENDIX C

i. Stop all Services under this Agreement on the effective date of termination
specified in such notice;

ii. Place no further orders or subcontracts for materials, equipment, or


services;

iii. Cancel or terminate all orders or subcontracts to the extent to which they
relate to the performance of the services terminated; and

iv. Comply with such other instructions as the Region, acting reasonably, may
give with respect to such termination.

(f) Upon termination of this Agreement pursuant to this section, the Region shall have
the right to take over any uncompleted Services, and to complete or cause the
same to be completed by whatever means and in whatever manner the Region
deems most expedient. The Region shall have the right to take possession of all
materials that are the result of the Consultant’s Services to the date of termination
of this Agreement. The Region will not be required to obtain the lowest prices for
completing the services, but shall make such expenditures as, in the Region's sole
judgment, are necessary or expedient in order to complete the services. The
expense of completing the services, together with a reasonable charge for
engineering, managerial, and administrative services, will be charged to the
Consultant and the expense so charged will be deducted by the Region out of
such monies as may be due or may at any time thereafter become due to the
Consultant. In case such expense is in excess of the sum which otherwise would
have been payable to the Consultant under this Agreement, then the Consultant
shall promptly pay the amount of such excess to the Region upon written notice
from the Region of the excess so due. The Region may, in its sole discretion,
withhold all or any part of any payments otherwise due the Consultant until
completion of the services and final settlement for the costs thereof.

(g) The Consultant shall insert in all subcontracts that the sub-consultant or
subcontractors will stop all services on the date of and to the extent specified in a
notice of termination from the Region and shall require the sub-consultants or
subcontractors to insert the same provision in sub-subcontracts. The Consultant
shall immediately upon receipt communicate any notice of termination issued by
the Region to the affected sub-consultants and subcontractors.

(h) If this Agreement is terminated pursuant to this paragraph, the Region shall
publish, in the manner set out in the Construction Act, a notice of the
termination.

19. Assignment

Neither party may assign this Agreement in whole or in part without the prior written
consent of the other.

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APPENDIX C

20. Entire Agreement

This Agreement, inclusive of Schedule “A”, constitutes the entire agreement between
the parties with respect to the subject matter contained herein and supersedes all
previous agreements, arrangements or understandings between the parties whether
written or oral in connection with or incidental to the Project.

21. Approval by Other Authorities

Unless otherwise provided in this Agreement, where the work of the Consultant is
subject to the approval or review of an authority, department of government, or agency
other than the Region, such applications for approval or review shall be the
responsibility of the Consultant, but shall be submitted through the offices of the Region
and unless authorized by the Region in writing, such applications for approval or review
shall not be obtained by direct contact by the Consultant with such other authority,
department of government or agency.

22. Inspection and Evaluation

The Region, or persons authorized by the Region, shall have the right, at all reasonable
times, to inspect or otherwise review the Services performed, or being performed, under
the Project and the premises where they are being performed, including, without
limitation, evaluations in accordance with the Region’s Purchasing By-law 16-032, as
amended from time to time.

23. Publication and Distribution

The Consultant agrees to obtain the written consent of the Region before publishing or
issuing any information or documentation regarding the Project or referencing the
Project.

24. Confidential Information

(a) The Consultant acknowledges and agrees that the Region shall be bound by
the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56
as amended or replaced in the performance of this Agreement.

(b) Each of the Region and the Consultant agrees to disclose to the other all such
information as may be required to facilitate and complete the Services pursuant to the
terms of this Agreement.

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APPENDIX C

(c) The provisions of this Agreement and any information disclosed by the Region
or the Consultant to the other in furtherance of this Agreement shall be regarded as
confidential. Such information may only be disclosed to individuals within the Consultant
and the Region with a “need to know” in order to carry out the Services under this
Agreement, and may only be disclosed to a third party upon the written consent of the
other party; provided, however, that the obligation to keep information confidential shall
not apply to information which:

(i) is already known to the recipient when disclosed;


(ii) becomes part of the public domain without breach of this Agreement;
(iii) is developed by the recipient independently and without reference to the
received confidential information; or
(iv) is required to be disclosed under operation of law.

The provisions of this section shall survive the expiration or termination of this
Agreement.

25. Time

The Consultant shall perform the Services expeditiously to meet the requirements of the
Region and shall complete any portion or portions of the Services in such order as the
Region may require and the Region shall have the right to take possession of and use
any completed or partially completed portions of the Services notwithstanding any
provisions expressed or implied to the contrary.

The Region shall give due consideration to all designs, drawings, plans, specifications,
reports, proposals and other information submitted by the Consultant, and shall make
any decisions which they are required to make in connection therewith within a
reasonable time so as not to delay the work of the Consultant.

26. Conflict of Interest

(a) The Consultant shall disclose to the Region prior to entering into this Agreement,
any potential conflict of interest. If such a conflict of interest does exist, the Region
may, at its discretion, withhold the assignment from the Consultant until the matter is
suitably resolved.

(b) If during the term of this Agreement, the Consultant is retained by a third party
giving rise to a potential conflict of interest, then the Consultant shall so inform the
Region. If a significant conflict of interest is deemed to exist by the Region, then the
Consultant shall refuse the new assignment, or shall take such steps as are necessary
to the satisfaction of the Region, to remove the conflict of interest.

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APPENDIX C

(c) Neither the Consultant nor any person, firm or corporation associated or affiliated
with or subsidiary to the Consultant shall tender for any construction services directly or
indirectly related to the Project, or have an interest either directly or indirectly in such
construction services.

27. Representations, Covenants, and Warranties

The Consultant hereby represents and warrants to and covenants with the Region as
follows:

(a) The Consultant has full power and authority to enter into this Agreement and to
observe, perform and comply with the terms and conditions of this Agreement, and all
necessary acts and procedures have been taken in order to authorize this Agreement;

(b) The Consultant holds all permits, licenses, consents, intellectual property rights,
registrations and authorities necessary to perform its obligations under this Agreement;

(c) The Consultant shall comply with all applicable federal, provincial and municipal
laws, rules, orders, regulations, and by-laws in respect of the performance of this
Agreement and shall furnish proof of such compliance as required by the Region from
time to time;

(d) The Services and obligations required herein by the Consultant shall be
produced or performed in a professional and proper manner acceptable to the Region;

(e) The Consultant shall not, in the performance of this Agreement, infringe or violate
any patent, copyright, trade secret, trade mark, industrial design, intellectual property
right, or any other right of any person or entity; and

(f) The Consultant is a corporation and is duly organized, registered, and validly
existing under the laws of Ontario or Canada, and is qualified to do business wherever
necessary to carry out the terms of this Agreement, and has not been dissolved or
wound up.

28. Notice

(a) Any notice given by the Consultant to the Region under this Agreement or any
other document as prepared by the Consultant for the Region shall be in writing and
shall be served personally or by sending same by pre-paid regular letter mail, email or
facsimile to:

The Regional Municipality of Waterloo


Attn: (name), (title)
(address)

3899956
APPENDIX C

Fax: (519) ***-****


Email:

or such other address as the Region may from time to time designate by written
notice to the Consultant.

(b) Any notice given by the Region to the Consultant under this Agreement or any
other document as prepared by the Region for the Consultant shall be in writing and
shall be served personally or by sending same by pre-paid regular letter mail, email or
facsimile to:

*** [Insert Consultant’s legal name]


Attn: (name), (title)
(address)
Fax: (519) ***-****
Email:

or such other address as the Consultant may from time to time designate by
written notice to the Region.

(c) Any notice given under this Agreement shall be deemed to have been served in
the case of personal service, email or facsimile , one (1) business day after such notice
is received by the party to whom such notice is given , and in the case of service via pre-
paid regular letter mail, on the fifth (5th) business day next, following the day on which
it was posted. In the event of a postal disruption, notices must be given by personal
delivery, email or facsimile. Unless the Parties expressly agree in writing to additional
methods of notice, notices may only be provided by the methods contemplated in this
paragraph.

29. Monthly Reporting of Progress

Throughout the term of this Agreement, the Consultant shall provide monthly
reports, in a form acceptable to the Region, showing:

a) the portion of the Services completed in the preceding month;


b) Services completed to date; and
c) remaining Services to be completed.

30. Independent Contractor

Each of the parties is an independent contractor retaining complete control over and
complete responsibility for its own operations and employees. The Consultant is not and
shall not hold itself out to be an agent, legal representative, partner, subsidiary, joint

3899956
APPENDIX C

venturer or employee of the Region, and the Consultant shall have no right or power to
and shall not bind or obligate the Region in any way, manner or thing whatsoever or
represent that it has any right to do so.

As an independent contractor, the Consultant shall accept direction issued by the Region
pertaining to the goals to be obtained and the results achieved in relation to the Project,
but shall be solely responsible of the manner and working hours in which the Services
are performed.

The Consultant, as an independent contractor, shall not have, nor shall its employees
have the status of an employee of the Region, nor shall they be entitled to share in any
employee benefits, plans or programs maintained by the Region.

31. Health and Safety

The Consultant shall register as an employer or independent operator (as the case may
be), with the Workplace Safety and Insurance Board (the “WSIB”). Prior to commencing
the Services, the Consultant shall enrol in the WSIB e-Clearance service and provide the
Region with a Clearance Certificate Number through the e-Clearance service. The
Consultant shall maintain its account with the WSIB in good standing throughout the term
of this Agreement, and shall ensure that its e-Clearance is automatically renewed prior to
its expiry. At no time may the Consultant proceed or continue with the Services under
this Agreement in the absence of a current Clearance Certificate Number from the WSIB.

32. PCI Compliance

This section 32 shall only apply to a Consultant who in completing the Services is
providing or contracting with a third party to provide payment processing services. In
such case, the Consultant shall comply with the following:

(a)The Consultant shall in relation to the services delivered under this Agreement,
comply with, shall have a program in place to assure continued compliance, and
cause such compliance of any third party provider of payment processing services
that the Consultant has contracted with in relation to all or a portion of the services
under this Agreement (a “Subcontractor”), with the Payment Card Industry Data
Security Standards (the “PCI DSS”) published by the PCI Security Standards
Council, as the PCI DSS may be amended, supplemented, or replaced from time to
time, and as applicable. The Consultant shall keep itself apprised of the current
version of the PCI DSS, published by the PCI Security Standards Council from time-
to-time. The Consultant accepts responsibility for the security of any customer credit
card data used or obtained pursuant to this Agreement, including such data obtained
by a Subcontractor.

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APPENDIX C

(b) The Consultant shall report in writing to the Region, proof of compliance with the PCI
DSS at a minimum annually during the term of this Agreement, and on dates as
further requested by the Region with the Region acting reasonably, in a form
satisfactory to the Region, with the Region acting reasonably with regard to such
satisfactory form. Acceptable forms to demonstrate the Consultant’s PCI DSS
compliance shall include, but not be limited to a current Attestation Of Compliance
(the “AOC”) executed by an authorized signing party of the Consultant and sent to
the Region within ten (10) business days of execution of such AOC.

(c) If the Consultant becomes aware that the Consultant or its Subcontractors are not,
or will not likely be, in compliance with PCI DSS for any reason whatsoever, the
Consultant shall forthwith report in writing to the Region the non-compliance or likely
non-compliance (the “Notice”) along with a remediation plan outlining how the
Consultant shall meet compliance with PCI DSS (the “Remediation Plan”). The
Region may also, should it have knowledge of or suspect PCI DSS non-compliance
by the Consultant or one of its Subcontractors, in its sole discretion, decide to
conduct an audit of the Consultant and its PCI DSS compliance requirements
related to the services to be performed pursuant to this Agreement (the “Audit”), and
depending on the result of such Audit, may request that the Consultant complete a
Remediation Plan. If a Remediation Plan and/or Audit required under this s. 32(c)
are unsatisfactory to the Region, with such satisfaction to be in the Region’s
discretion, such event shall be considered a material breach of this Agreement and
the Region may terminate the Agreement pursuant to s.18 of this Agreement.

33. General

(a) Each party, at the request of the other, shall execute and deliver such
assurances and do such other acts as may be reasonably required or desirable to give
full effect to the provisions and intent of this Agreement.

(b) This Agreement may be amended only by written agreement between the
parties. No amendment of any of the terms or provisions of the Agreement shall be
deemed valid unless it is in writing.

(c) This Agreement shall be construed and enforced in accordance with, and the
rights of the parties shall be governed by, the laws of the Province of Ontario and the
laws of Canada applicable therein. All amounts of currency stated in this Agreement
shall be deemed to be exercised in Canadian dollars unless otherwise indicated herein.

(d) If a court or other lawful authority of competent jurisdiction declares any provision
of this Agreement invalid, illegal, or unenforceable, the remaining provisions of the

3899956
APPENDIX C

Agreement shall continue in full force as long as they express the intent of the parties.
If the intent of either party cannot be preserved, this Agreement shall be either
renegotiated or terminated by the parties upon giving thirty (30) days notice.

(e) No waiver of any breach of this Agreement shall operate as a waiver of any
subsequent breach or of the breach of any other provision of the Agreement. No
provision of the Agreement shall be deemed to be waived, and no breach excused,
unless such waiver or the consent excusing the breach is in writing and signed by the
party that is purported to have given such a waiver or consent.

(f) No delay or omission on the part of any party of this Agreement to avail itself of
any right it may have under this Agreement shall operate as a waiver of any such right.
No waiver or failure to enforce any of the provisions of this Agreement shall in any way
affect the validity of this Agreement or any part thereof.

(g) This Agreement shall in no way limit the right of the Region to contract for
identical or similar services or goods from any other person or entity.

(h) The rights and remedies of the parties to this Agreement are cumulative and are
in addition to and not in substitution for any rights and remedies provided by law or in
equity.

(i) In the event of any expiration or termination of this Agreement for any reason
whatsoever, the provisions of this Agreement that by their nature extend beyond the
expiration or termination of this Agreement will survive and remain in effect until all
obligations are satisfied.

(j) This Agreement shall continue to the benefit of and be binding upon each party’s
respective successors and permitted assigns.

(k) In this Agreement, words importing the singular number


include the plural and vice versa, words importing the masculine gender include the
feminine and neuter genders; and words importing persons include individuals, sole
proprietors, corporations, partnerships, trusts and unincorporated associations.

(l) This Agreement may be executed in counterpart in writing or by electronic


signature and delivered by mail, facsimile or other electronic means, including in
Portable Document Format (PDF), no one copy of which needs to be executed by all of
the parties and all such counterpart together shall constitute one agreement and shall
be valid and binding agreement among the parties hereto as of the date first written
above.

IN WITNESS THEREOF the parties hereto have caused to be executed those presents
by their officers properly authorized in that behalf on the day and year first above
written.

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APPENDIX C

*** [INSERT CONSULTANT’S LEGAL NAME IN CAPITALS AND BOLD FONT]

Per: ______________________________
Name:
Title:

Per: ______________________________
Name:
Title:
I/We have authority to bind the corporation

THE REGIONAL MUNICIPALITY OF WATERLOO

Per: ______________________________
Name: ***
Title: ***

Per: ______________________________
Name: ***
Title: ***

I/We have authority to bind the corporation

[Signing authority to be confirmed by Legal Department]

SCHEDULE “A”

This Schedule “A” includes the following documents, listed in order of

3899956
APPENDIX C

precedence for the purposes of any inconsistency: [Must be consistent with section 4 in
the body of this agreement]

(a) Addenda issued by the Region;

(b) Regional Terms of Reference for the Project;

(c) Detailed Work Plan and Project Schedule dated *** which provides a more
detailed description of the Core Services to be provided by the Consultant;

(d) Technical and Consultation Budget chart dated *** showing the total cost of
the Core Services including fees and disbursements; and

(e) Expression of Interest

3899956
APPENDIX C

Schedule “A” (a)

[Insert name of document as listed in Schedule “A” and attach the relevant portions of the document after

this page and affix initial stamp]

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APPENDIX C

Schedule “A” (b)

[Insert name of document as listed in Schedule “A” and attach the relevant portions of the document after

this page and affix initial stamp]

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APPENDIX C

Schedule “A” (c)

[Insert name of document as listed in Schedule “A” and attach the relevant portions of the document after

this page and affix initial stamp]

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APPENDIX C

Schedule “A” (d)

[Insert name of document as listed in Schedule “A” and attach the relevant portions of the document after

this page and affix initial stamp]

3899956
C2022-04 - Building Condition Assessments for Community
Housing

February 3, 2022 3:00 PM


February 24, 2022 2:00 PM

Bid Number: C2022-04


Documents

Ensure your Bid submission document(s) conforms to the following:

1. Documents should be in PDF format. Documents should NOT be provided in any other format.

2. Documents should NOT have a security password, as the Owner may not be able to open the file. It is the Bidder’s sole
responsibility to ensure that their uploaded document(s) are not either defective, corrupted or blank and that the documents
can be opened and viewed by the Owner.

3. The Owner may reject any Bid where any document(s) cannot be opened and viewed by the Owner.

Proposal and Detailed Work Plan (not to exceed 10 Pages) * (mandatory)


Additional Information (not included in the 10 Page Proposal & Detailed Work Plan) (optional)
Upset Budget * (mandatory)

Bid Number: C2022-04


Addenda, Terms and Conditions

The Bidder hereby acknowledges and agrees:

1. To provide all goods, services and construction, as more specifically set out and in accordance with the Owner’s Bid Call
Document, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms
and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract.

2. I/We acknowledge and agree that any issued Addendum/Addenda forms part of the Bid Call Document.

3. I/We, certify that we are in full compliance with all accessibility standards under the Accessibility for Ontarians with
Disabilities Act, 2005 and the Regulations thereunder,
including the Integrated Accessibility Standards Regulation O. Reg. 191/11, Accessibility Standards for Customer Service,
made under the Accessibility for Ontarian’s with Disabilities Act, 2005. If requested, we are able to provide written proof that all
employees have been trained as required under the act. I/We shall be aware and sensitive to accessibility and disability issues.

II/WE agree to be bound by the terms and conditions and have authority to bind the Corporation and submit this Bid on behalf
of the Bidder.

The bidder shall declare any potential conflict of interest that could arise from bidding on this bid.

Yes No

The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
below addendum and
File Name Pages
attachments (if
applicable)
There have not been any addenda issued for this bid.

Bid Number: C2022-04

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