appendix a study terms of reference - waterloo, ontario · rfp timetable activity date issue date...

GHD | Maple Hill Creek Rehabilitation | 11115650 (2)

Appendix A Study Terms of Reference

1

RFP#16-05 - ADDENDUM #1

Maple Hill Creek Rehabilitation – Environmental Assessment and Detailed Sign

ADDENDUM ISSUE DATE: April 11, 2016

RESPONSES TO BIDDINGO QUESTIONS:

# QUESTION RESPONSE

1 We note that a summary of archaeological features is required as part of Task 5 – Definition of Opportunities and Constraints. Can the City confirm that a Stage 1 Archaeological Assessment is sufficient for the purpose of this proposal? • We anticipate requiring a geotechnical investigation as part of the Fischer‐Hallman Road culvert and for potential retaining structures along Maple Hill Creek, however the full extent of geotechnical investigation required will depend on the recommendations of the Environmental Assessment. Would the City consider specifying a geotechnical investigation allowance for the purpose of this proposal, to be scoped during the detailed design phase?

The City anticipates that a Stage 1

Archaeological Assessment will be sufficient.

The scope of the geotechnical investigation

will be determined based on the EA

recommendations. The City will fund the

geotechnical work separately based on those

recommendations.

2

Will the water quality samples as part of Task 2 be analyzed at a City‐run lab, or should consultants include 3rd party lab costs?

The consultant should include 3rd party lab

costs.

2

3 A large portion of Maple Hill Creek is located on private lands. Given this: ‐ Will it be the City, or the consultant’s responsibility to seek Permits to Enter private properties for the require field studies? ‐ What are the City’s expectations for developing creek rehabilitation alternatives on private lands in the Class EA

The City has an easement along Maple Hill

creek to be able to complete maintenance

works. A map of this easement will be

provided to the successful proponent. Should

we need to access the creek via private

property, the City or consultant will request

permission from the property owner in

advance. Alternatives should be developed

based on the assessment of the creek and the

needs through those areas. Affected property

owners will be consulted and all final designs

will be completed with input from both the

City and private property owners.

4 The RFP states that the consultant is required to attend Council meetings where this project is to be discussed. For budgeting purposes, can the City provide an estimate the number of Council meetings that will be required?

Include 1 council meeting.

5 Will the Laurel Creek Macro “Existing Conditions” XP‐SWMM model (MRC, 2005) be made available to this study?

Yes, a copy of the XP‐SWMM model can be

made available for this study.

6 Currently there is no limit of liability in the contract. Would it be possible to add a limitation of liability clause, per the following “Notwithstanding any other provision of this Agreement, the consultant’s and its subcontractors’ maximum aggregate liability to the City and all indemnified parties under this Agreement shall not exceed two million dollars ($2,000,000).

This is the City of Waterloo’s consulting

agreement and no changes to the agreement

are being considered at this time.

7 Section 13 (d) states that the City “may” impose a 10% holdback on the project. Does the City intend to exercise this right? If so, would the City be open to discussing milestone completions where the 10% holdbacks could be released during the project, due to the longer timeline of the work?

This is part of the City of Waterloo’s

consulting agreement; the City of Waterloo is

not considering changes to Section 13 (d) at

this time.

8 Section 15 – Indemnification. Would it be possible to modify this section so as to be made mutual, in that indemnification of losses from a breach of contract protects the actions of both parties in this agreement? If this is not possible, would the City be open to including mutual indemnification for only incidental, indirect and consequential damages?


agreement; the City of Waterloo is not

considering changes to Section 16 at this time.

3

9 Would the City be amenable to modifying Section 16 (e), so that only claims related to this project can initiate the process (e.g. Claims reported to the Consultant….. “based on the Consultant’s performance of this Agreement or based on any results from Services in this Agreement,”…. either directly by a third party)


agreement; the City of Waterloo is not

considering changes to Section 16 (e) at this

time.

END OF ADDENDUM # 1

RFP v. December 16, 2015 Page | 1

REQUEST FOR PROPOSAL (“RFP”) #16‐05

MAPLE HILL CREEK REHABILITATION – ENVIRONMENTAL

ASSESSMENT AND DETAILED DESIGN

RFP TIMETABLE

Activity Date

Issue date of the RFP March 30, 2016

Final date for submission of questions April 8, 2016

Proposal Submission Deadline April 20, 2016 before 2:00:00 p.m. local time

Identification of Recommended Proponent

May 2016

SEALED proposals to be submitted to The Corporation of the City of Waterloo (the “City”) at the

following address:

City of Waterloo, Purchasing Department 265 Lexington Court, Waterloo, Ontario, N2J 4A8


TABLEOFCONTENTS

TABLE OF CONTENTS ..................................................................................................................................... 2

INSTRUCTIONS TO PROPONENTS ................................................................................................................. 3

SCHEDULE 1 – STATEMENT OF WORK ........................................................................................................ 16

SCHEDULE 2 – TECHNICAL REQUIREMENTS ............................................................................................... 37

SCHEDULE 3 – FORM OF AGREEMENT ........................................................................................................ 39

FORM 1 – FORM OF PROPOSAL .................................................................................................................. 40

FORM 2 – FINANCIAL PROPOSAL FORM ..................................................................................................... 41

Appendix 1 – SCHEDULE OF HOURLY RATES ............................................................................................... 42

FORM 3 – LIST OF SUBCONTRACTORS AND SUPPLIERS .............................................................................. 43

FORM 4 – PROPONENT’S PROOF OF ABILITY .............................................................................................. 45

FORM 5 – CERTIFICATE(S) OF INSURANCE .................................................................................................. 48


INSTRUCTIONSTOPROPONENTS

1. General

1.1. This Request for Proposal (“RFP”) process is being undertaken in accordance with the City’s

Purchasing By‐law.

1.2. By submitting a proposal, the proponent has accepted an offer by the City to enter into a "bid

contract" for evaluation of proposals and the award of the contract, if an award is made. The

proponent acknowledges that the terms of the "bid contract" are represented by the RFP

Documents (hereinafter defined).

2. RFP Documents

2.1. The following documents form the basis of this RFP (the “RFP Documents”):

2.1.1. Instructions to Proponents;

2.1.2. Schedule 1: Statement of Work, including any appendices;

2.1.3. Schedule 2: Technical Requirements Form, including any appendices;

2.1.4. Schedule 3: City of Waterloo Agreement;

2.1.5. Form 1 ‐ Form of Proposal;

2.1.6. Form 2 ‐ Financial Proposal Form, including, including any appendices;

2.1.7. Form 3 ‐ List of Subcontractors and Suppliers;

2.1.8. Form 4 ‐ Proof of Ability;

2.1.9. Form 5 ‐ Certificate(s) of Insurance; and

2.1.10. Addenda issued during the RFP period.

2.2. Proponent is responsible to review the RFP Documents for completeness upon receipt and to

inform the City immediately;

2.2.1. should any documents be missing or incomplete; or,

2.2.2. upon finding any discrepancies or omissions.

2.3. The RFP Documents are made available only for the purpose of submitting proposals for the

work as detailed in Schedule 1: Statement of Work (the "Work"). No license for any other

purpose is granted.

3. Amendments to the RFP Documents

3.1. Questions of a technical nature and all purchasing enquiries in relation to this RFP are accepted online through Biddingo until the date as specificed in the RFP Timetable on page 1. Click the Q & A Board and complete the required fields and then click "Submit". Questions will be answered in form of addenda.


3.2. The City shall not be responsible for instructions, clarifications or amendments communicated orally. Instructions, clarifications or amendments which affect the RFP Documents may only be made by addendum.

3.3. If proponents find discrepancies, omissions, errors, departures from by‐laws, codes or good practice, or points considered to be ambiguous or conflicting, they shall bring them to the attention of the City in accordance with paragraph 3.1 above.

3.4. Addenda issued during the RFP period shall form part of the RFP Documents and their receipt shall be acknowledged in the space provided on the Form 1 ‐ Form of Proposal. Addenda will be posted on Biddingo’s website: www.biddingo.com/waterloo. It is the proponent’s responsibility to check Biddingo’s website to assure they have all addenda.

4. Contents of Proposals

4.1. General Format of proposals

4.1.1. All blank spaces on the Form of Proposal and all other RFP Documents shall be

completed in ink or be typewritten and shall be signed by an authorized person or

persons. Failure to provide all requested information or failure to fill in all blank spaces

may result in a proposal being declared non‐compliant.

4.1.2. Only the forms issued as part of the RFP Documents should be used. If any or all pages

of any form are amended by addendum, only the amended pages should be used to

submit a proposal. Failure to comply with this paragraph may result in the proposal

being declared non‐compliant.

4.1.3. Proposals may be amended prior to proposal closing, provided corrections are initialed

by an authorized representative of the proponent. Other modifications, erasures,

additions, conditions, qualifications or un‐initialed pre‐closing amendments may result

in the proposal being declared non‐compliant.

4.1.4. Proposals that are not originals, are unsigned, improperly signed, un‐initialed,

incomplete, conditional, qualified or illegible, may be declared non‐compliant.

4.2. Content of Proposals

4.2.1. Proponents are requested to submit the following. Forms that are MANDATORY are

marked as such and failure to include that form in a proposal will result in

disqualification.

4.2.1.1. Form 1 ‐ Form of Proposal – MANDATORY

Proponents must include a Form 1 ‐ Form of Proposal completed and


signed by the proponent.

4.2.1.2. Form 2 ‐ Financial Proposal – MANDATORY

Proponents must complete and sign the Financial Proposal.

The Financial Proposal includes:

4.2.1.2.1. Form 2 ‐ Financial Proposal Form

4.2.1.2.2. Appendix 1 – Schedule of Hourly Rates

4.2.2. The proposal price shall be provided in numerals only.

4.2.3. A mathematical or transposition discrepancy or error on the face of a proposal may

be corrected by the City by correcting the proposal price accordingly, at the City’s

unencumbered discretion.

4.2.3.1.1. Where the discrepancy is in respect of extensions of unit prices, the unit

price shall be taken as correct, and the extension shall be corrected

accordingly.

4.2.3.1.2. Where a mathematical error is made in adding line items to a total, the

correct addition shall be taken as correct, and the recorded total will be

corrected accordingly.

4.2.3.1.3. Where an error has been made in transferring an amount from one part

of the proposal to another, the amount shown before transfer shall be

taken to be correct and the amount shown after the transfer and the

proposal price shall be corrected accordingly.

4.2.3.1.4. Where the discrepancy or error is such that more than one of the

foregoing provisions applies, the corrections shall be applied

sequentially, starting at s. 4.2.3.1.1.

4.2.3.1.5. Where the discrepancy or error is such that none of the foregoing

provisions apply, the discrepancy or error shall be corrected by taking

the lower of the inconsistent amounts as being correct, and the higher

amount shall be corrected accordingly.

4.2.3.2. If a proponent has omitted to enter a price for an item of work set out in the

proposal, the proponent shall, unless the proponent has specifically stated

otherwise in the proposal, be deemed to have allowed elsewhere in the

proposal for the cost of carrying out the said item of work and, unless otherwise

agreed to by the City, no increase shall be made in the total proposal price on

account of such omission.


4.2.4. The proposal price shall be inclusive of all disbursements, unless otherwise noted.

Disbursements include, but are not limited to, accommodation, travel, communication

costs, meals, printing, photocopying, stationery and any other marketing expense or

any other expense incurred by the successful proponent in connection with the

completion of the services.

4.2.4.1. With respect to itemized and alternative prices:

4.2.4.1.1. where required by the RFP Documents, a proponent shall submit

itemized, alternative and provisional prices;

4.2.4.1.2. itemized prices for work, if any, shall be included in the total proposal

price;

4.2.4.1.3. alternative and provisional prices for work, if any, shall not be included

in the total proposal price; and

4.2.4.1.4. the City reserves the right to accept or reject any or all alternative or

provisional prices submitted.

4.2.4.2. With respect to unit prices and hourly rates:

4.2.4.2.1. where required by the RFP Documents, a proponent shall submit a fully completed unit price worksheet. All quantities outlined in the RFP Documents are estimates only. For any work done or materials supplied on a unit price basis, payment will be made for the actual measured quantities at the respective unit prices;

4.2.4.2.2. all unit prices, unless specifically indicated, are for complete work, in place, supplied and installed; and

4.2.4.2.3. where required by the RFP Documents, a proponent shall submit a fully completed Schedule of Hourly Rates. Hourly Rates are to include all disbursements unless otherwise noted.

4.2.4.3. Technical Proposal (Scored)

4.2.4.3.1. Proponents should respond to all questions set out in Schedule 2:

Technical Requirements

4.2.4.4. Listing of Subcontractors and Suppliers (Form 3)

4.2.4.4.1. The proponent should submit a list of subcontractors and suppliers. Failure of the proponent to list subcontractors and suppliers, where required, or the listing by a proponent of more than one subcontractor and supplier to perform or supply an item of work listed, may result in the proposal being declared non‐compliant.

4.2.4.4.2. Where a proponent lists “own forces” in lieu of a subcontractor or supplier, the proponent shall carry out such item of the work with its


own forces. Where “own forces” have been listed by a proponent, the City reserves the right to obtain information from the proponent and from third parties respecting the qualifications and experience of the proponent’s own forces for such item of the work. If the City, acting reasonably, determines that the proponent’s own forces are not sufficiently qualified or sufficiently experienced to undertake such item of the work, it may reject the proposal.

5. Proposal Submission Instructions

5.1. Proposals must be received and time stamped before the Proposal Submission Deadline. Time

shall be measured by the identified clock at the recipient’s location and as stamped on the

proposal envelope. For greater clarity, a proposal envelope time stamped “2:00:00 pm” or

“2:00 pm” on the closing date would be deemed to be late.

5.2. Late proposals will not be accepted.

5.3. Proponents are solely responsible for the method and timing of delivery of their proposals.

5.4. Proponents are required to submit one (1) completed original, three (3) separately bound

copies and one (1) electronic copy (on a CD or USB key, in PDF format). If there are any

differences between the electronic copy of the proposal and the original hard copy, the original

hard copy of the proposal, as submitted, will govern. The electronic copy of the proposal is for

the convenience of the City. For ease of identification, the Proposal submission envelope

should be clearly labeled as follows:

RFP 16‐05 5.5. Submit the sealed package to:

City of Waterloo Purchasing Department 265 Lexington Court Waterloo, Ontario, N2J 4A8

5.6. Proposals which are submitted by facsimile transmission or by electronic means will not be

considered.

6. Proposal Withdrawal

6.1. A proponent who has submitted a proposal may request that their proposal be withdrawn, if

the request is made before the closing time for the submission of proposals. Withdrawal

requests must be in writing to the Manager of Purchasing or her designate.


6.2. The withdrawal of a proposal shall not disqualify a proponent from submitting another

proposal on the same project, as long as it is submitted before the Proposal Submission

Deadline.

6.3. If a proponent submits more than one proposal, only the last submitted proposal shall be

considered.

7. Proposal Expiry Period

7.1. Proposals shall be irrevocable for a period of one‐hundred and twenty (120) days from the

Proposal Submission Deadline, after which period the proposal expires.

8. Proposal Evaluation

8.1. The evaluation of proposals will be conducted by the City in the following stages:

8.1.1. Stage 1 ‐ Completeness Review

The City will verify that all RFP requirements have been complied with. Any proposal disqualified because of this review will not proceed to the next stage.

8.1.2. Stage 2 – Claim and Litigation Review The City shall not consider proposals received from parties with whom the City is in litigation, or arbitration, unless approval allowing such consideration is obtained by the proponent from the Council of the City prior to the close of proposals.

Proposals which are not considered pursuant to the aforementioned policy shall be returned to the proponent and no bid contract in regard to the proposal process shall have been created as between the proponent and the City.

8.1.3. Stage 3 ‐ Technical Proposal Evaluation

Below is the evaluation matrix that indicates the criteria and percentage

weightings for each criterion, which the City will use to evaluate the proposal

submissions and award the Work.


TECHNICAL CRITERIA WEIGHTING

Administrative Requirements Pass/Fail

Firm Profile and Project Experience 20

Project Team and Capacity to Perform the Work

20

Project Understanding and Methodology 20

References 5

TOTAL TECHNICAL CRITERIA WEIGHTING 65%

8.1.4. Proponents must achieve a minimum of technical score of 45 out of a possible 65 to advance and have its Financial proposal considered. Proponents with a total technical criteria score less than forty‐five (45) will not move forward to Stage 4 Financial Proposal Evaluation. Should an insufficient number of proponents meet the minimum technical criteria score, the City reserves the right, but is not obliged, re‐adjust the required minimum. The minimum technical criteria score will not be adjusted for any other reason.

8.1.5. Stage 4 ‐ Financial Proposal Evaluation

8.1.5.1. The proponent's Financial Proposal will be evaluated as follows:

The financial response is weighted at 35%. The ‘mean’ price is calculated and is

given a score of 5 out of 10. All prices are then compared to the mean price by

identifying the percentage increase or decrease relative to the ‘mean’. This

results in a score for each price out of a possible 10 points which is then weighted

by 35%.

8.1.5.2. It is the responsibility of the proponent to ensure that any formulas and

calculations in the fee schedules are correct. The City accepts no

responsibility for any errors that may exist in any provided

spreadsheets.

9. Identification of Recommended Proponent, Award and Execution of Contract

9.1. The City will add the scores from the technical evaluation, the financial evaluation, and

presentation (if applicable) to obtain each proponent’s total score. The proponent with the

highest total score will be selected as the Recommended Proponent.


9.2. The Recommended Proponent shall not issue or make any statements or news releases

concerning their proposal, the proposal process, the City’s evaluation of the proposals, or the

City’s award or cancellation of the proposal process without the express written consent of the

City.

9.3. Upon identification of the Recommended Proponent, the City will forward a Recommendation

letter to the Recommended Proponent, which outlines the initial obligations of the proponent,

which at a minimum will include receipt by the City of the following:

9.3.1. a certificate (or certificates, as applicable) of insurance confirming the

required coverage and certified by an authorized representative of the insurer

together with any amending endorsements in accordance with the Form of

Agreement and in using, where applicable Form 5 ‐ Standard Certificate(s) of

Insurance;

9.3.2. a current Clearance Certificate issued by the Workplace Safety and Insurance

Board; and

9.3.4. signed copies of the City of Waterloo Agreement (in the form and substance

of Schedule 3: City of Waterloo Agreement, within ten (10) business days of

receipt from the City;

9.4. Award is conditional upon the City obtaining its appropriate approvals to award the contract.

9.5. The Recommended Proponent’s failure to meet any of the conditions of award may result in

the City rescinding the award of the contract to that proponent and rescinding that

proponent’s status as the Recommended Proponent. In such cases, the proponent with the

next highest score may be selected as the new Recommended Proponent.

9.6. Upon the City obtaining its necessary approvals, and upon receipt of the above noted items,

the City will provide the Recommended Proponent with written notice that it is the Successful

Proponent.

10. City’s Reserved Rights

10.1. The City reserves the right, but has no obligation, to adjust all proponents’ proposals by the

amounts of any alternative prices or provisional prices which the City, in its discretion, decides

to accept.

10.2. The City reserves the right to award the contract to the proponent which submitted the

proposal which, in the City’s sole discretion, provides the best value to the City based on the

criteria described in the RFP Documents including, but not limited to, a proponent’s:


10.2.1. proposal;

10.2.2. proposal, as adjusted by the City pursuant to the RFP Documents; and,

10.2.3. clarification provided pursuant to Section 11 (Requests for Clarification).

10.3. Incomplete, conditional or qualified proposals may be declared non‐compliant.

10.4. The City reserves the right to consider, during the evaluation of the proposals:

10.4.1. information provided in the proposal itself;

10.4.2. information provided in response to enquiries of credit and industry references;

10.4.3. information received in response to enquiries made by the City of third parties

in relation to the reputation, reliability, experience and capabilities of the

proponent;

10.4.4. the manner in which the proponent provides services to others or has

previously provided services to the City;

10.4.5. the experience and qualifications of the proponent’s senior management and

project management;

10.4.6. the compliance of the proponent with the City’s requirements and

specifications; and,

10.4.7. innovative approaches proposed by the proponent in the proposal.

10.5. The proponent acknowledges that the City may rely on the criteria which the City deems

relevant, even though such criteria may not have been disclosed in the RFP Documents.

10.6. In the event that only one compliant proposal is submitted, the City may, at its election,

proceed to (i) accept the proposal, (ii) reject the proposal, or (iii) enter into negotiations with

the proponent.

10.7. In the event that the City receives no compliant proposals, the City may, if it elects, enter into

negotiations with any one or more of the proponents that submitted a non‐compliant proposal.

10.8. In the event that all proposals are over budget or otherwise viewed by the City, in its sole

discretion, as too costly, the City may, at its election, proceed as follows:

10.8.1. enter into negotiations with any one or more the proponents; or,

10.8.2. reject all proposals and advertise a new Request for Proposal for the project, in

whole, in part, or as otherwise varied, and may, at its election, advertise a new

Request for Proposal to (i) some or all proponents that had submitted a

proposal (including, at the City’s discretion, a non‐compliant proposal) in

response to this RFP, or (ii) any person, including persons that had not

submitted a proposal in response to this RFP or who had submitted a non‐

compliant proposal.


10.9. The City may accept or reject any regular, irregular, unbalanced, informal or non‐compliant

proposals at its unencumbered discretion.

10.10. The City may disqualify a proponent who submits a proposal containing misrepresentations

or any other inaccurate or misleading information.

10.11. The City may reject the lowest or any Proposal or part of any Proposal, reject all Proposals or

cancel this RFP process in whole or in part. At its unencumbered discretion, the City may

advertise a new Request for Proposal for the project, in whole or in part, or as otherwise

varied.

10.12. In the event that two or more proposals are found to equally provide the best value to the

City, the City may, at its election, proceed as follows:

10.12.1. break the tie by drawing lots, flipping a coin, or similar means as set out

in the RFP Documents; and,

10.12.2. solicit further and other information not previously requested from the

proponents, and rely on that information to determine the preferred

proponent.

10.13. Proposal irregularities will be dealt with as set out in Schedule “B” to the City’s Purchasing

By‐law.

11. Requests for Clarification

11.1. The City may contact any one or more proponents to request clarification or further

information without any obligation to contact other proponents. Such additional clarification

shall be provided promptly by the proponent to the City. The City may, but is not obligated to,

amend or revise the proposal based on the clarification or further information.

11.2. Requests for information shall not be construed as acceptance of a proposal.

12. Taxes

12.1. The Harmonized Sales Tax (HST) shall not be included in the proposal price. All other eligible

taxes shall be included in the proposal price. Any taxes or increases to taxes announced prior to

the date of the issuance of the RFP Documents and scheduled to come into effect subsequent

to it shall be taken to be included in the proposal price.


13. Liability

13.1. If a proponent breaches the bid contract, including by failing to execute the contract, for

whatever reason, the proponent shall be liable to pay to the City, at the City’s election, the

difference between the proponent’s price and the next best proponent’s price.

13.2. The liability of the City to any proponent for loss and damage arising in tort, including

negligence or misrepresentation of any nature, or for the breach by the City of the bid contract

shall be limited to the lesser of the sum of Five Hundred Dollars ($500.00) and the reasonable

cost to the proponent of preparing its proposal.

14. Disputes

14.1. In the event of a dispute arising in connection with this proposal process including, without

limitation, a dispute concerning the existence of the “bid contract” or a breach of the “bid

contract”, or a dispute as to whether the proposal of any proponent was submitted on time or

whether a proposal is compliant, the City may refer the dispute to a binding arbitration

pursuant to the Arbitration Act, 1991, as amended, before a single arbitrator. In the event that

the City refers the dispute to arbitration, the proponent agrees that it is bound to arbitrate

such dispute with the City. Unless the City shall refer such dispute to binding arbitration, or

consents to arbitration, there shall be no arbitration of such dispute.

14.2. In the event the City refers a dispute to binding arbitration, the City may give notice of the

dispute to one or more of the other proponents who submitted proposals, whether or not they

may be compliant, each of whom shall be a party to and shall be entitled to participate in the

binding arbitration, and each of whom shall be bound by the arbitrator’s award, whether or not

they participated in the binding arbitration.

14.3. In the event the City refers a dispute to binding arbitration, the parties to the arbitration shall

exchange brief statements of their respective positions on the dispute, together with all

relevant documents.

14.4. In the event the City refers a dispute to binding arbitration, proposals shall be irrevocable and

open for acceptance for a period of one hundred and fifty (150) days from the Proposal

Submission Deadline after which period the proposals expire.

14.5. The parties further agree that there shall be no appeal from the arbitrator’s award.

14.6. Any proponent asserting that a proposal of another proponent is non‐compliant shall do so by

providing written notice to the City within twenty (20) days of the proposal opening, failing

which the proponent shall be deemed to accept all other proposals as compliant.


14.7. Any proponent asserting a breach of the “bid contract” shall do so within twenty (20) days of

the alleged breach, or else the proponent shall be deemed to waive the breach.

14.8. Any proponent that disputes the City’s determination that its proposal is non‐compliant shall

provide the City with a written notice of dispute within 20 days of the earlier of the date that it

received notice from the City or the date that it otherwise became aware that the City

determined its proposal was non‐compliant. Failure to provide such written notice shall

constitute acceptance of the City’s determination of non‐compliance and shall release the City

from any claim or liability following from that determination.

15. Representation & Warranty

15.1. The proponent represents and warrants that its proposal is compliant with the terms set out in the RFP Documents. The proponent acknowledges that the City is relying on this representation and warranty. In the event that the proponent’s proposal is accepted by the City and the proposal is held by a Court of competent jurisdiction or an arbitrator to be non‐compliant with the terms set out in the RFP Documents in a proceeding or dispute commenced by another proponent (the “Claimant”), the proponent will indemnify the City for any award of damages, howsoever characterized, that are payable to the claimant as well as for the City’s actual legal expense, including all legal fees and disbursements as billed to the City.

15.2. All proponents must be fully licenced and registered to carry on business in Ontario and to undertake the work set out in the RFP Documents. The proponent warrants and represents that it presently has all such licences and registrations. The proponent represents that its business name, if any, is properly registered and that, if it is an extra‐provincial corporation, it has filed an Initial Return/Notice of Change under the Corporations Information Act.

16. Freedom of Information

16.1. The proponent acknowledges that any proposal submitted shall become a record belonging to the City and therefore is subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended. This provision law gives individuals, businesses and other organizations a legal right to request records held by the City, subject to specific limitations. The proponent should be aware that it is possible that any records provided to the City, including but not limited to, pricing, technical specifications, drawings, plans, audio‐visual materials or information about staff, parties to the proposal or suppliers could be requested under this law. If the proponent believes that all or part of the proposal should be protected from release, the relevant parts should be clearly marked as confidential. Please note that this will not automatically protect the submission from release, but it will assist the City in making a determination on release if a request is made.


17. Conflict of Interest

17.1. By submitting a proposal, the proponent represents and warrants that it is not aware of any

conflict of interest.

18. Accessibility Standards for Customer Service

18.1. Under the Accessibility for Ontarians with Disabilities Act, 2005, as may be amended from time to time, the successful Bidder providing the services contemplated herein shall ensure that every person in relation to this contract, who deals with members of the public or other third parties on behalf of the City, or provides goods, services, or facilities on behalf of the City, has received all training required by Section 6 of Ontario Regulation 429/07, Accessibility Standards for Customer Service, and Section 7 of Ontario Regulation 191/11, Integrated Accessibility Standards.

End of Instructions to Proponents


SCHEDULE1–STATEMENTOFWORK

1.0 INTRODUCTION

The City of Waterloo is currently seeking proposals from consulting firms to carry out the Municipal

Class Environmental Assessment (EA), detailed design, public consultation, agency approvals, tender

document preparation, construction inspection and contract administration services for the Maple Hill

Creek Rehabilitation from the Westvale Park Stormwater Management Area to University Avenue

(confluence with Clair Creek).

The goal of this undertaking is to complete a comprehensive study on Maple Hill Creek. A project area

map showing the study area reaches is provided as Figure 1.

2.0 BACKGROUND

Maple Hill Creek is an impacted, channelized system, with hardened structures that are beginning to fail

in certain sections, and residents have expressed concerns regarding potential property loss. In

addition, the culvert conveying Maple Hill Creek from Westvale Drive west of Fischer‐Hallman Road to

Thorndale Dr. east of Fischer‐Hallman Rd. needs to be replaced and the Westvale Park Stormwater

Management Area needs to be dredged and possibly retrofitted.

Maple Hill Creek is approximately 2.5 km in length and begins just west of its crossing with Fischer‐

Hallman Road South and then curves northward along University Avenue to its confluence with Clair

Creek. Generally, the creek channel is sparsely vegetated and composed of erodible substrate such as

sand and dirt. The in‐stream habitat is a mix of areas with high and low flow diversity, in‐stream

vegetation, and overhead cover. The riparian zone, when passing through areas abutting residential

properties, is virtually non‐existent. Gabion baskets lined the channel in these sections.

In reach 3, many of the gabion baskets are failing. In some sections, the wiring is coming loose and

stones have spilled out into the creek.

3.0 PROJECT SCOPE

A Class Environmental Assessment will be conducted to address the concerns for the Maple Hill Creek

system including hydrologic, drainage, channel constraint, property loss and land use concerns. A

corresponding rehabilitation and management plan for the preservation and enhancement of

environmental functions within the Maple Hill Creek system will also be provided. This will be achieved

through an assessment of the impacts on each of the six reaches identified in Figure 1. Subsequently,

the implications of these impacts on each reach as well as the entire sub‐watershed will be investigated

and recommendations will be made for remedial measures needed to improve water quality, aquatic

and terrestrial habitat and loss of property. For each of the six reaches, impact assessments, impact

implications, recommendations and costs of implementation will be provided separately.


The purpose of the study is to;

a) determine a preferred rehabilitation option for Maple Hill Creek taking into account flood

control, hydraulic capacity, operations, maintenance, water quality, aquatic habitat, aesthetics,

safety, social, impacts to private property and recreational uses;

b) improve the riparian corridor (where possible) within the study boundaries to enhance wildlife

functions, quality and quantity of natural vegetation, water quality and aquatic habitat;

c) improve instream water quality through instream and shoreline rehabilitation;

d) improve instream aquatic habitat to promote a healthy diverse aquatic environment;

e) identify and protect wetland functions;

f) carry out a Class Environmental Assessment;

g) complete detailed design for the preferred option for all project components (to be determined

based on budget);

h) provide detailed cost estimates for all preferred options.

3.1 Project Team Composition

The Project Team will include the Consultant, City of Waterloo project manager and support staff.

Public consultation will take place during the EA, design and implementation phases of the work.

4.0 SCOPE OF SERVICES

The scope of services for this project will include, but will not necessarily be limited to the following

tasks listed and discussed below:

Task 1 – Background Review

Task 2 – Site Inventory/Investigation

Task 3 – Hydrogeology

Task 4 – Hydraulics and Hydrology

Task 5 – Definition of Opportunities and Constraints

Task 6 – Impact Assessment

Task 7 – Evaluation of Alternatives

Task 8 – Selection of Preferred Alternatives and Detailed Analysis of Preferred Alternatives

Task 9 – Final EA Report

Task 10 – Agency Approvals and EA Documentation

Task 11 – Detailed Design

Task 12 – Tender Package

Task 13 – Contract Administration and Construction Inspection


The list of work described hereafter is not necessarily complete and should be augmented as deemed

necessary based on the Consultant’s experience and knowledge. Consultants are encouraged to identify

innovative alternatives to the scope of work described herein that would provide additional value to the

project.

4.1 Task 1 – Background Review

Consultants will be expected to identify, schedule and carry out all tasks necessary to complete the work

in accordance with the purpose of the project.

Collect, review and summarize from available sources (some data may not be available through the City

of Waterloo – see Section 7.0 for a list of all information available at the City before the closing time of

the proposal) existing background data including, but not restricted to, the following:

Reports

1. Master Drainage Study – Urbanized Subwatersheds; McCormick Rankin Corporation, March 7,

2005;

2. 2015 Stormwater Management Facility Assessment; Ecosystem Recovery Inc., February 2016;

3. 2014 Bridge and Culvert Inspections – Summary Report (RS‐47, RS‐48, RS‐49);

4. Geotechnical Investigation Westvale Ponds Rehabilitation Study; Paragon Engineering Limited,

April 1990;

5. Westvale Ponds Rehabilitation Study Final Report; Paragon Engineering Limited, June 1991;

6. Supplementary Hydrologic Modelling ‐ Westvale Ponds Rehabilitation Study; Paragon

Engineering Limited, May 1993;

7. Maple Hill Creek Hydrologic Analysis; Planning & Engineering Initiatives Ltd., July 1999;

8. Gies‐Westvale Subdivision Final Stormwater Management Report; Stantec, July 2005;

GIS Data and Modelling Information

topographic/aerial mapping/property line fabric;

existing/proposed creek corridors or easements;

historical/existing/proposed land use;

precipitation/stream flow data;

GRCA floodplain and regulatory area mapping;

surficial soils and quaternary geology;

City of Waterloo infrastructure data


Environmental Data

Wildlife information;

wetland evaluations (including wetland and riparian communities);

water quality;

aquatic features including fish communities and fish habitat and benthic invertebrates, riparian

corridor and seepage areas (both instream and surface seepage);

previously documented community concerns;

examples of similar projects undertaken in other municipalities

4.2 Task 2 ‐ Site Inventory/Investigation

Conduct onsite investigations to update and supplement the background data, identify

constraints and opportunities. At a minimum, the on‐site investigations shall include:

delineation of environmental lands and parkland boundaries including floodplain, Maple Hill

Creek and vegetation units;

Identification of existing erosion sites and/or flooding locations and stormwater outlets;

Assessment of erosion potential including an investigation of the factors contributing to existing

channel stability (ex. surface vegetation, bank height and angle, soils and stratigraphy);

Dimensions of creek, crossings, weirs or other hydrotechnical structures;

Assessment of the culvert conveying Maple Hill Creek from Westvale Drive west of Fischer‐

Hallman Road to Thorndale Dr. east of Fischer‐Hallman Rd.;

Assessment of creek morphology based on a survey of creek cross‐sections including the bank

full, low flow and floodplain including, but not limited to, a geomorphic assessment: cross‐

sections, longitudinal profile and morph table;

Assessment of the ecological habitat to identify constraints and opportunities, characteristics,

and features for preservation or enhancement within the corridor;

Identify existing and potential corridors and linkages;

Identify locations of baseflow contributions;

Assessment of fish communities existing and potential fish habitat and factors having a negative

impact on fish habitat;

Assessment of benthic macroinvertebrate communities to assess whether the aquatic habitat is

impaired and the potential for improvement. This assessment should also include an inventory

of substrate conditions;

Assessment of the two stormwater management facilities included as part of this study;

Species at risk inventory (inventory areas/habitat that have been identified as having potential

to support species at risk);

Inventory terrestrial vegetation communities (including wetlands and woodlots) using the

Ecological Lands Classification method;

Delineation of all wetlands identified through the inventory;

Assess the significance and sensitivity of flora and fauna and their habitat through a biological

inventory;


Conduct a bird survey to identify, locate and determine the significance of migratory bird staging

(stop‐over, moulting and feeding) areas for birds such as waterfowl and shorebirds;

Water quality sampling to augment existing monitoring data including field measurements of:

- Mid‐summer water temperature, conductivity (at 25C)

- Nitrogen and phosphorus

- Stream flow at time of survey and immediately after storm events, for the duration of the

study

- Turbidity and sediment characteristics

- Other water quality monitoring indicators, as required.

Assessment and observation of shallow overburden groundwater flow system to assess

baseflow, infiltration, and vertical and horizontal hydraulic gradients;

Assessment of areas identified as having a potential for property loss;

Examine structures or physical features adjacent to watercourse that may be affected;

Location of utilities;

Complete topographical survey and digital base map;

Assess all relevant regulatory approval requirements;

Acquire and assess existing GRCA modelling;

4.3 Task 3 ‐ Hydrogeology

The Consultant will synthesize the hydrogeological data collected in Task 1 and 2 and identify the

following:

Characterization of the surficial geology and the overburden groundwater flow system

Areas of risk, susceptible to groundwater interference and/or contamination;

Hydraulic gradients along creek beds;

Groundwater discharge/recharge

4.4 Task 4 – Hydraulics and Hydrology

A study of the surface water hydrology will help determine watershed response related to the following

requirements:

Prevent the increase or creation of flood risk;

Avoid an increase in stream bank erosion;

Maintain existing base flow conditions;

Protect existing fisheries habitat;

In order to assist in defining potential opportunities and constraints, this task will include the following:

Selection/justification of models;

Model discretization and assembly;

Estimation of design storms (2, 5, 10, 25, 50, 100 year and Regional events);

Channel capacities (instream and overbank);


Simulation results for existing conditions (flood flows, levels and regulatory floodlines at all

points; low flows, hydrographs at selected representative locations);

Erosion evaluation for stream reaches and site areas (assess the current state of the stream and

determine the level of control required based on geomorphology and tractive force analysis).

The purpose of the hydrologic study is to help determine Maple Hill Creek’s response to runoff from

contributing drainage areas to assist in the sizing of stream system components. It is to be noted that

the level of hydrologic analysis is to be limited so that it is sufficient enough to identify hydraulic and

geomorphologic parameters to predict the creek behaviour. In order to assess the proposals fairly and

consistently, a general description of the hydrologic component for this study is required in the

proposal.

4.5 Task 5 – Definition of Opportunities and Constraints

Summarize the environmental, institutional, social, recreational, safety, economic and physical

considerations to identify opportunities and constraints for the rehabilitation plan. This summary will

include the following:

Environmental: water quality and wetland assessment, aquatic and terrestrial habitat (including

wildlife corridor/staging area mapping and enhancement), mapping of erosion and valley/bank

instability and downstream assessment of sensitivity to flow changes, assessment of remedial

measures (from Tasks 1,2 and 3);

Institutional: policies and objectives of the DFO, Environment Canada, MOE, MNR, GRCA,

Regional Municipality of Waterloo, and the City of Waterloo;

Social: historic and archaeological features, aesthetics, previously documented and newly

solicited community concerns. A series of public open houses will be implemented to solicit the

opinions of local residents;

Recreational: location of city trails, potential train crossings, bird watching, etc.;

Natural hazards/safety: history of flooding, flood damage, present and future floodlines and

targets (from Tasks 1 and 4);

Physical and/or economic constraints (e.g. feasibility, land ownership, capital and operations

and maintenance costs)

4.6 Task 6 – Impact Assessment

Based on the existing land use pattern the Consultant will investigate and describe the long‐term impact

on the following:

The integrity of native vegetation communities, wildlife habitat, species at risk, and connectivity

to the adjacent habitat in greenspace areas;

The hydrologic system, watercourses and riparian areas;

Creek flows and volumes;

Water needs and sensitivities of natural features;

Groundwater, recharge and discharge areas;

Water quality;


Aquatic habitat;

Adjacent private property;

Public use of Westvale Park;

The Consultant will highlight any environmental concerns with the existing land uses, make

recommendations for future land use designations and recommend any remedial measures for the

above items in Task 6.

4.7 Task 7 – Evaluation of Alternatives

The rehabilitation plan will support and enhance riparian corridor and aquatic habitat improvements

through integration of open spaces, park spaces, wetlands, woodlands, meadows, riparian areas,

stormwater management areas, Maple Hill Creek, tributaries and community trails. The alternative

solutions or components for examination should consider the following:

The multi‐purpose objectives of water quality enhancement, runoff quantity control, baseflow,

preservation/enhancement, and ecological protection and enhancement;

Structural components including instream water quality improvements and road crossings;

Non‐structural components including prohibition of floodplain occupancy, use appropriate zone

concept of floodplain management, setbacks from valley banks;

Appropriate combinations of structural and non‐structural components.

These components are then to be tested through:

Hydrologic and hydraulic analyses to determine flows, channel capacity and storage facilities.

Alternative options will take into account:

a) Stormwater management area improvements.

b) Stream rehabilitation considerations including natural channel design, bioengineering, aquatic

habitat, water quality improvements and known areas of concern.

c) Trail locations that provide recreational and aesthetic appeal, linkages to existing and future

trails, minimal impact to sensitive environmental features.

d) Enhancement and management of greenspace and park areas for wildlife habitat and

recreational park activities.

e) Cumulative effects with other projects.

The alternative management plans will be evaluated based on the following criterion:

Criteria For Evaluation

i) Effectiveness

Reliability that the creek rehabilitation objectives will be achieved in both the short and long

term; for example:

- Effective flood control

- The vulnerability of the aquatic and terrestrial ecosystem


- Potential for baseflow depletion

- Opportunities for enhancement

- Anticipated level of maintenance required

ii) Ability to Monitor & Maintain

Ability to implement a monitoring and maintenance program taking into account existing

monitoring activities and potential improvements to monitoring program

Sufficient flexibility to institute changes if targets are changed or future monitoring identifies

failures.

iii) Ability to Implement

Public safety

Compatibility with the existing policy and legislative framework

Land use compatibility

Availability of enforcement and administrative mechanisms

iv) Cost

Costs and land requirements

Long term serviceability and maintenance requirements

v) Environmental Benefits/enhancement of ecological diversity (such as wildlife, vegetation and aquatic

ecosystem)

The Consultant will prepare and provide a comprehensive technical report with appendices (including

graphs, tables and model parameters) to summarize the work to date for review by the project team.

4.8 Task 8 – Selection of Preferred Alternatives and Detailed Analysis of Preferred Alternatives

This stage entails a synthesis of those components which will best combine to achieve the goals of the

overall EA objectives. Input to this process will be obtained from the project team, key stakeholders and

through public consultation at the beginning of this task based on the technical report of alternatives

and options. This step will:

select the most effective combination of alternatives based on environmental considerations (a

blend of technical, environmental aesthetic, economic, public and institutional feasibility in

consideration of the applicable Class EA requirements);

quantify all benefits, capital, monitoring and operations/maintenance costs and liabilities that

can be quantified in present day dollar terms;

describe qualitatively all other benefits, costs and liabilities (i.e. water quality, property loss,

channel constraints, etc.);

combine these factors in a benefit cost matrix to compare and justify alternative components

that comprise the Plan;


The Consultant will recommend the preferred Rehabilitation Plan for Maple Hill Creek (broken down

separately for each of the Reaches 1 through 6). This Plan will be to the satisfaction of the City of

Waterloo, the Grand River Conservation Authority, the Department of Fisheries and Ocean,

Environment Canada and the Ontario Ministry of Natural Resources (as well as any other agency

stakeholders).

The Study will summarize, in detail, the following four components:

1. Recommended Works:

Maple Hill Creek rehabilitation plan including recommended vegetation and wildlife linkages and

non‐manicured/natural riparian and terrestrial buffers

Creek rehabilitation works

Westvale Park Stormwater Management Area improvements

Access routes, trail alignments and maintenance

Mitigation/Compensation

2. Implementation Plan:

specific projects, activities, financial cost, prioritization and schedule of works to take place

public awareness program

monitoring program, including timing

contingency plans in the event of target exceedance

Invasive species removal plan (for control measures during and after construction)

3. Performance Criterion:

As part of the Rehabilitation Plan, the Consultant Team will specify Performance Criteria and

Performance Measures that can be used to monitor whether the objectives of the rehabilitation plan

are being met.

Example Performance Criteria and Performance Measures topics are listed below:

Water features

- Flood Plain Protection

- Creek Rehabilitation

- Temperature Control

- Dissolved Oxygen (DO)

- Phosphorus

- Riparian Buffers

Erosion and Sedimentation

- Creek bank & Valley slope Erosion


- Sediment Control

Storm water Management

- Peak Flow Control

- Runoff Control

- Erosion Control

Terrestrial

- Natural Areas

- Constraint Areas

- Pollutant Discharges

- Greenspace System

- Wetland Hydrology

- Protection of Critical Habitats

- Access Points and Trail Alignments

- Buffers

- Linkages

- Wildlife

- Invasive Species

4. Monitoring Maintenance & Mitigation Plan:

A short term and long term Monitoring Maintenance and Mitigation Plan will be developed to provide

the information basis for assessing whether the rehabilitation plan objectives and targets are being

achieved. The Plan will detail the periodic field work and measurements necessary to evaluate creek

system and may include surface water monitoring stations, a spot sampling program, and general and

site visual and photographic observation programs. The plan should include the publication of an

annual monitoring report. Based on the results of the annual monitoring reports, actions to mitigate

problem areas should be developed and implemented in an expeditious manner.

The Monitoring, Maintenance and Mitigation Plan should identify the following items in detail:

what is to be monitored and maintained and what is the frequency of these based on the latest

scientific knowledge?

how monitoring and maintenance will be carried out (i.e. methodology)?

who will be responsible for monitoring and maintaining each component of the Plan and how

long the agency/group will be responsible for this (i.e. City, GRCA)?

the role of the public

who will pay for the monitoring and maintenance of each component?

the trigger levels to initiate the implementation of contingency (mitigation) measures

who will pay for mitigation?


4.9 Task 9 – Final EA Report

The Consultant will prepare a comprehensive technical report with appendices (including plans, graphs,

tables, and models) for review. The report should be submitted in three stages; first draft, second draft

and final report. The report will clearly and concisely present the findings of the study, its conclusions

and recommendations. The text and plans will:

describe the Study Area, project goals, objectives and the approach, techniques, constraints and

opportunities, creek geomorphic classifications and results of each Project Task 1‐8;

present (both in the report and plans) the recommended rehabilitation options with:

- requirements for flood and erosion control measures;

- Maple Hill Creek enhancements (Reaches 1‐6);

- bio‐engineering and aquatic habitat creation measures (i.e. wetlands, pools & riffles);

- locations of community trails;

- Naturalization improvements to the corridor and the creek system;

- Wildlife corridor enhancement plan showing existing and planned wildlife features and a

management plan to address encroachment and other associated impacts;

- Topography, existing environmental features, recreational amenities;

- hydrologic and hydraulic model input parameters;

- surveyed cross‐sections and culvert dimensions (existing);

- survey data;

- Tractive force and erosive index calculations at various sections for various storm events.

- Geomorphic, hydrological, hydrogeological, and biological data and calculations;

- details of environmental and erosion surveys;

- site photographs;

- breakdown of cost estimates and phasing. The Consultant will be required to provide an

estimate of the costs of executing the work outlined above, separately for each of the six

reaches. The estimate will be divided according to cost per reach and each reach will be

treated as a separate project, prioritized in order of reach most needing rehabilitation.

contain or describe information that clearly conveys:

1. A Creek rehabilitation plan showing:

a) the location of the study area according to its sub‐watersheds limits;

b) present and proposed land use;

c) schematic (flowcharts) of computer model showing linkages (pre‐ and post‐

development)

d) overall plan showing proposed & existing locations for storm water quality and quantity

controls;


e) points of current active erosion, environmentally significant areas, flooding or water

quality problems; these should be rated and prioritized according to their respective

levels of severity;

f) elevations of key road grades (existing and proposed) on overland flow routes to ensure

implementation of routing;

g) surveyed location of the Regulatory Floodline as per GRCA Scheduled Area limit;

h) sensitive fisheries and wildlife habitat;

i) other pertinent information (i.e. type tree protection etc.).

2. Tables showing:

a) assumed sub‐watershed characteristics (pre‐ and post‐development);

b) details of the creek crossings (culverts, bridges, roads);

c) details on the stream reaches;

d) simulated flood flows and reach mean velocities at key points (for different scenarios);

e) calculated flood levels at all sections;

f) benefit‐cost matrices of alternative solutions;

g) other pertinent information.

3. Figures showing:

a) flows and hydrographs, at key points;

b) water quality, erosion and flood control works dictated by constraints and opportunities

and forming alternative solutions;

c) creek and floodway treatment using natural channel and bioengineering concepts or

hard treatment; includes figures that illustrate the function and final appearance of the

proposed treatments;

d) preliminary design for all aspects of the project.

The Consultant is to issue up to two (2) draft versions of the EA report (one (1) hard copy and a digital

copy (word and Acrobat reader)) to the City PM for review and comments and one (1) final version (up

to ten (10) hard copies and one (1) digital copy (word and Acrobat reader)) that addresses all review

comments received.

4.10 Task 10 – Agency Approvals and EA Documentation

The Consultant will liaise with agencies (i.e. GRCA, MNR, DFO) as deemed appropriate at key milestones.

The Consultant is responsible for filing of all EA documentation at key project milestones in accordance

with the Municipal Engineers Association (MEA) Municipal Class Environmental Assessment Document

October 2000, as amended in 2007 & 2011, in compliance with the Ontario Environmental Assessment

Act.


The Consultant is responsible for obtaining the required review agency approvals for all components of

the Project. The Consultant will revise the reports and supporting documentation as required based on

input from review agencies.

4.11 Task 11 ‐ Detailed Design Package

The Consultant is to generate a comprehensive detail design package that includes technical design

drawings, specifications, construction cost estimate and staging plan for the Work to be undertaken.

The Detailed Design is to involve, but not necessarily be limited to the following anticipated items:

Provide natural channel design to incorporate a natural dynamic meander pattern with pool and

riffle features;

Bioengineering of banks or hard treatment of banks, where necessary;

Evaluation of all bridge crossings and conveyance structures for replacement/removal; Provide

a design for the replacement of the culvert conveying Maple Hill Creek from Westvale Drive

west of Fischer‐Hallman Road to Thorndale Dr. east of Fischer‐Hallman Rd;

Provide a retrofit design for the Westvale Park Stormwater Management Area;

Prepare detailed engineering design drawings showing plan and profile, cross sections, property

limits, creek corridor and the regional and five‐year floodlines at 50% (technical design brief),

90% and 100% completion; Drawings will include an existing conditions and removals plan, a

proposed conditions plan, a landscape design and planting plan, erosion and sediment control

plan, and a construction and staging plan;

All drawings will be set up based on City of Waterloo drawing standards and NAD83 coordinate

system;

Prepare a detailed cost estimate for all project elements. Update/confirm the preliminary

budget allowance for the project on an ongoing basis.

Update the existing hydrologic and hydraulic models as necessary and run the proposed

conditions to establish flood levels for the 2, 5, 25, 100, Regional storms. Provide necessary

output files and documentation for approvals. Provide any hydrologic and hydraulic modelling

electronically to the City and GRCA;

Prepare all design documents for City review at 50%, 90% and 100% design completion;

Identify existing utility inventory and relocation schedule only in locations where work is

proposed;

Coordinate with utility companies and all required agencies including issuance of preliminary

drawings to public utility representatives for servicing requirements; negotiate any utility

relocations/replacement requirements. This must be done early on in the project to prevent

delays in planning, design and approval;

Coordinate all necessary regulatory and agency approvals;

Review all relevant background City By‐laws, policy decisions, reports and other technical

documents;

Define construction sequence and project staging plan;

Provide pre and post construction monitoring recommendations;


Any additional survey data as determined by the Consultant;

4.11.1 Detailed Design Review

City staff will review the detailed design package (including all electronic data and drawings) and make

comments at the 50% and 90% stage of completion;

Comments will then be incorporated into the finalized design package (100% completion).

Submit all electronic data & drawings to City for review by establishing an FTP site.

4.11.2 Specifications

The Consultant is to generate a comprehensive list of technical material/performance specifications for

all aspects of the work to be carried out within the Contract Drawings.

4.11.3 Construction Cost Estimate

The Consultant is to prepare a construction cost estimate based on current year rates and local Regional

construction rates. The accuracy of the Consultant’s estimate of probable construction cost is a crucial

piece of our budget management for capital projects. The Consultant and their sub‐consultants will take

the following steps when preparing their estimates:

1. Approximately 30 days prior to the proposed bid date or less, the Consultant shall review

their estimate pertaining to the latest market trends and revise their estimates accordingly;

2. The Consultant shall contact local contractors to discuss formulation of the estimates;

3. Material suppliers and manufacturers shall be contacted to confirm both pricing and

delivery times for project specific equipment and materials;

4. In reviewing their estimates, Consultants should also confirm project contract times are

structured based on estimated schedules, accounting for manufacturing, delivery and

installation.

Should the low bid received be greater than 15% above or below the Consultants estimate of

construction costs, the project manager should provide a memo to the City detailing why the deviation

occurred and what contributed to the deviation.

4.11.4 Construction Sequence and Staging Plan

The Consultant is to prepare a construction sequence plan outline of the logical construction sequence

for each project component.

4.11.5 Agency Approvals

The Consultant will liaise with agencies (i.e. GRCA, MNR, DFO), key stakeholders, City staff,

residents, along with any relevant Utility companies as deemed appropriate at key milestones.


Design and construction proposals and drawings shall reflect all agency requirements. These

requirements should be presented to City staff prior to the 90% drawing review.

The Consultant is responsible for obtaining the required review agency approvals for all components of

the Project. The Consultant will revise the detail design drawings and supporting documentation as

required based on input from review agencies. Any requirements additional to the original scope of the

project should be presented to City staff immediately or prior to the 90% drawing review, whichever

comes first.

4.11.6 Preparation of Tender Material

Using the City of Waterloo template, the Consultant is to prepare all required tender material to

facilitate the procurement of a successful bidder to carry out the construction of the selected reaches

(some or all of reaches 1 to 6, as determined by priority and budget availability). The City purchasing

department will issue all tenders for this project. The preparation of the tender material is to involve,

but will not necessarily be limited to the following anticipated items:

Prepare a request for pre‐qualification in order to pre‐qualify contractors.

Prepare detailed tender package documentation.

Assist the City during the tender procurement period as required. And;

Prepare recommendation for award and perform calculation checks as required.

The following outlines the required items that the Consultant is to acknowledge within the proposal

submission:

4.12 Tender Package

The Consultant is to prepare all required tender material to facilitate the procurement of a successful

bidder to carry out the construction of the Project. The City Purchasing Department will issue all

tenders for this Project. The preparation of the tender material is to involve, but not necessarily limited

to, the following anticipated items:

- Prepare detailed tender package documentation, and;

- Assist City during tender procurement period as required.

The following outlines the required items that the Consultant is to acknowledge within the proposal

submission:

4.12.1 Tender Documentation

The consultant is to prepare a tender package in accordance with the City of Waterloo standards for

tendering. The tender package is to include:

100% complete stamped and signed set of contract drawings issued for tender complete with all

necessary technical material/performance specifications;

Contract documents specific to this project, and;


Construction cost estimate based on defined construction items and quantities outlined in the

contract document schedule of quantities.

The Consultant is to issue up to two (2) draft versions of the tender documents package (up to one (1)

hard copy and a digital copy (word and Acrobat reader)) to the City PM for review and comments and

one (1) final version (up to twenty (10) hard copies and one (1) digital copy (word and Acrobat reader))

that addresses all review comments received.

4.12.2 Tender Procurement Assistance

The Consultant is to provide the following assistance during the tender procurement period:

Prepare addendums and respond to inquiries from tender bidders;

Attend a site visit with bidding contractors, if required; and

Review bids with City PM and Purchasing Department, if required.

It is anticipated that the priority reaches will be tendered in the Spring of 2018 with construction taking

place over the Summer/Fall/Winter of 2018/2019.

4.13 Contract Administration and Construction Inspection

The Consultant shall perform the role of contract administrator, per the roles and responsibilities

defined in OPSS100 General Conditions, including but not limited to:

Coordinate and attend a preconstruction meeting and prepare minutes

Coordinate and attend weekly site meetings, prepare and distribute minutes

Respond to public inquiries as required

Prepare notices and coordinate alternative trail detours as required

Prepare and certify monthly progress payment certificates (PPC’s) and change orders, including

release of holdback and completion certificates

Provide control points for the contractor to perform construction layout of the works, and check

and confirm the contractor’s layout as required

Coordinate and conduct final inspection and ‘end of warranty’ inspections

Consultant should estimate the following for on‐site inspection:

o During construction provide contract administration and inspection, full‐time

construction oversight and a 24 hour emergency contact. The contract administrator

should have a minimum of 8 years experience and will be required for approximately

1hr/day. The site inspector should have a minimum of 5 years experience and must

have demonstrated experience with instream works. The site inspector will be required

full time during construction. Personnel should be knowledgeable of City and Region of

Waterloo standards. For the purposes of this proposal, assume 80 working days at

2hr/day (160 hours) for the contract administrator, 30 working days at 2hrs/day (60

hours) for specialized disciplines and 80 working days at 10hrs/day (800 hours) for the


site inspector and provide unit rates. If any additional or fewer working days are

required, payment will be based on the unit rate provided.

2 months prior to the 24 month warranty termination conduct an evaluation of any deficiencies

and coordinate repair with contractor.

5.0 PUBLIC CONSULTATION PROGRAM &MEETINGS

5.1 Public Consultation

A Public Consultation Plan specific to stakeholders for the proposed works is to be developed and

submitted to the City for approval. The following elements are to be incorporated into a Public

Consultation Plan:

A stakeholder registry;

A comment/response and issue tracking form

Information mail outs/emails to stakeholders (Notices for project commencement, completion

and construction, key project information) including the City Ward Councillor, Neighboring

Residents, Neighborhood Association and the general public.

Provision of webpage content for the City of Waterloo website;

Public Information Centres (see section 5.2)

5.1.1 Project Team Mandate

The project team will:

- Provide study direction and guidance to the Consultant;

- Review progress of the study;

- Review the budget expenditures;

- Aid in evaluating alternatives;

- Recommend the preferred option for Waterloo Council approval.

5.2 Public Information Centre

The Consultant will organize and host four (4) Public Information Centres (PIC). The Consultant is to

outline appropriate staff resources (including staff with expertise in event/PIC facilitation) and

supporting documentation for PIC. The four PIC’s will be carried out as follows:

1. PIC #1 to be held after Task 2 is completed (Site inventory/investigation)

2. PIC #2 to be held after Task 5 is completed (Definition of opportunities and constraints)

3. PIC #3 to be held after Task 8 (Selection of preferred alternatives)

4. PIC #4 to be held after Task 11 and should focus on:

- Describing proposed detailed design information,


- Anticipated impacts during construction, and

- Timeline for implementation of work

The Consultant is to prepare all supporting information for the PIC including digital presentations (and

supply all necessary equipment to facilitate PowerPoint presentations), display panels (up to 15 panels

per PIC), information package handouts and comment sheets. Written approval from the City Project

Manager is required on all PIC information in advance of the PIC. The Consultant is to catalogue and

summarize public feedback from the PIC and outline how input was addressed.

5.3 Project Management

A Project Management Plan is to be generated by the Consultant that defines how the Project will be

executed, monitored and controlled. A Gantt chart is to be provided scheduling all main tasks, key

milestones and meetings.

The Consultant is to outline project management effort required to internally coordinate the project

team and deliver the Project work program. This includes coordination and preparation for Project

Team Meetings in consultation with the City Project Manager.

5.4 Project Team Meetings

Project Team Meetings will consist of the Consultant and City Project Manager and key City staff and will

be held at the following key project milestones. A total of twelve (12) Project Team Meetings will be

held for each project component as follows:

One (1) ‐ Project Initiation Meeting

One (1) ‐ On Site Meeting

One (1) – Task 2

One (1) – Task 5

One (1) – Task 8

Two (2) – EA Report

Three (3) – Detailed Design

One (1) – Tender Package

One (1) ‐ PIC Information Package

The Consultant should budget for an additional two (2) Project Team Meetings, if necessary. The

Consultant is responsible for providing draft Project Team Meeting information in advance of the

meeting date. The Consultant is to prepare the agenda and minutes summarizing all meeting discussion

items and highlight action items to be addressed. The meeting minutes shall be provided within two (2)

weeks of the meeting date.


5.5 City of Waterloo Council Meetings

The Consultant is to attend all City of Waterloo Council presentations related to the Project, if required.

6.0 CITY OF WATERLOO RESPONSIBILITY

The City of Waterloo’s responsibility is as follows:

Provide any existing information and plans that are available (it is the consultant’s responsibility

to verify its accuracy); Attend meetings as required to direct and guide the project;

Review and approve all contract documents and drawings;

Publish all advertisements and distribute all information notices;

Providing location for the PIC

Printing and distributing meeting minutes and materials;

Authorize and process payments to the Consultant and contractor;

Printing of tender documents; and,

Reports to Council.

7.0 INFORMATION AVAILABLE

The following information/reports are available for reference and are included on the following FTP site.

(https://cityftp.waterloo.ca) User Name: ftp129 using the password lyTr6O2A

Reports

1. Master Drainage Study – Urbanized Subwatersheds; McCormick Rankin Corporation, March 7,

2005;

2. 2015 Stormwater Management Facility Assessment; Ecosystem Recovery Inc., February 2016;

3. 2014 Bridge and Culvert Inspections – Summary Report (RS‐47, RS‐48, RS‐49);

4. Geotechnical Investigation Westvale Ponds Rehabilitation Study; Paragon Engineering Limited,

April 1990;

5. Westvale Ponds Rehabilitation Study Final Report; Paragon Engineering Limited, June 1991;

6. Supplementary Hydrologic Modelling ‐ Westvale Ponds Rehabilitation Study; Paragon

Engineering Limited, May 1993;

7. Maple Hill Creek Hydrologic Analysis; Planning & Engineering Initiatives Ltd., July 1999;

8. Gies‐Westvale Subdivision Final Stormwater Management Report; Stantec, July 2005;

Questions related to this request for proposal or technical questions related to the above noted

reference material should be directed to Biddingo and will be addressed through an addendum.


8.0 SCHEDULE

It is expected that this RFP will be awarded by the end of May, 2016 and that the project initiation

meeting will be held once the consulting services agreement has been signed.

Table 1, Anticipated Schedule for Project is to be used by the Consultant in establishing their detailed

schedule for the Project.

Table 1 Anticipated Schedule for Project (all dates are tentative)

Item Description Date

1 Project Initiation Meeting May 2016

2 Complete EA May 2016 – July 2017

3 Complete Detailed Design August ‐ December 2017

4 Tender Project and select successful bidder Spring/Summer 2018

5 Construction Fall/Winter 2018/2019

The Consultant is to submit a Gantt chart outlining all Project tasks to be undertaken, duration for each

task, milestones and the target completion date. Construction of instream works will need to adhere to

fisheries timing window restrictions.


Figure 1 – Project Area Map

XXXXXXXXX


SCHEDULE2–TECHNICALREQUIREMENTS

The following are the information requirements for the Technical Proposal

Requirement Weighting

Administrative Requirement The prime consultant is requested to provide their Certificate of Authorization number to allow the City to conduct a search with the Professional Engineers of Ontario to confirm that the prime consultant is a licensed member in good standing. The City will not contract with any proponent not a member in good standing with the PEO.

Pass/Fail

Firm Profile and Project Experience 20%Proponents shall:

(a) Provide a brief history of your firm and the services provided. Briefly identify your vision and mission statements, corporate goals and objectives and any awards and accomplishments achieved.

(b) A team organizational chart indicating how the Proponent intents to structure its working relationship with the City including names of project team members and a clear definition of reporting relationships.

(c) Using Form 4 – Proponents Proof of Ability, provide three (3) project summaries similar in scope, scale and complexity. Only include three (3) appropriate projects to be reviewed as part of this evaluation. Project completion dates must be within the last 4 years.

(d) Based on the information contained under Schedule 1, provide comment on the issues and constraints for the design and construction of this project.

5%

5%

5%

5%

Project Team and Capacity to Perform the Work 20%Proponents shall:

(a) For the three (3) project summaries provided, indicate all members of the team, including any sub‐consultants that were used. Identify the prime engineer and project manager named as the key contact personnel between the Owner and the Engineering Firm. Identify the roles and responsibilities of all team members and the sub consultants involved in the project. Provide client contact names for follow up by the City of Waterloo.

(b) Provide a list of proposed team members including “partners” and sub‐consultants for this specific project. Provide an outline of the professional services and CV’s of key personnel recommended.

(c) Provide a list of current active projects with start/completion dates and values. Indicate if any team members proposed for this project are currently involved with these projects and their level of involvement.

5%

10%

5%

Project Understanding and Methodology 20%Proponents shall provide details that demonstrate their understanding of this Project. Proponents shall provide details that outline their proposed methodology that will successfully meet or exceed Project specifications. As a minimum, details shall include: (a) identifying key phases of the Project and provide brief descriptions of how the Proponent will complete each phase successfully (b) description of the technologies, equipment, resources to be utilized throughout the Project (c) how the data will be managed and/or reconciled (d) how the Project deliverables are to be generated and verified for accuracy and completeness (e) expectations the Proponent has of the City in order to successfully complete the Project

10%


(f) specific or unique health & safety requirements (g) any value added service

Timetable: Proponents shall provide table indicating the following: (a) key tasks per phase (b) Project team member assigned to each key task and the associated hours, include both name (or initials) and their assigned role (c) total hours for each phase and Project Schedule: Proponents shall provide a Project Schedule in the form of a Gantt Chart. The Project Schedule will include the following: (a) project tasks to be undertaken (b) duration for each task (c) milestones, meetings and the target completion date

5%

5%

References 5%The City will contact one (1) reference provided by the applicant, and request that the reference respond to a set of questions developed by the City. All references will be asked the same questions. The City will make two (2) attempts to contact the reference provided by the Applicant. If after two (2) attempts, the City is unable to contact the reference, the Applicant will be notified that the City will make one (1) further attempt. If, after the final attempt the City is not successful in contacting the reference, the Applicant will receive a score of zero (0) for this section of the technical criteria. The City will not make attempts to contact alternate references once a reference has been chosen. If a reference name and contact information is not provided by the Applicant for a chosen project, the Applicant will receive a score of zero.

5%

End of Schedule 2 – Technical Requirements


SCHEDULE3–FORMOFAGREEMENT

See attached.

Consulting Agreement v. Jan. 2015 P a g e | 1

AGREEMENT FOR CONSULTING SERVICES

MEMORANDUM OF AGREEMENT dated the X day of X, 20XX.

- BETWEEN -

THE CORPORATION OF THE CITY OF WATERLOO (hereinafter called the "City")

THE PARTY OF THE FIRST PART

- AND -

XXX

(hereinafter called the "Consultant")

THE PARTY OF THE SECOND PART WHEREAS the City is seeking proposals from consulting firms to carry out the Municipal Class Environmental Assessment (EA), detailed design, public consultation, agency approvals, tender document preparation, construction inspection and contract administration services for the Maple Hill Creek Rehabilitation from the Westvale Park Stormwater Management Area to University Avenue .. AND WHEREAS the City wishes to retain the services of the Consultant to provide consulting services for XXXX (herein called the “Project), at a cost of up to $XXXX, plus all applicable taxes; 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 City 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 June 2019.


2. Retainer The City 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 City. 3. Services The “Services” to be provided by the Consultant under this Agreement include the “Core Services”, as more particularly set out 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:

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

4. Contract The Agreement with the Consultant includes the aggregate of the following documents, listed in order of precedence for the purposes of any inconsistency: (a) This Memorandum of Agreement;

(b) All Addenda issued by the City;

(c) RFP No. 16-05;

(d) Fee Schedule - showing the total cost of the Core Services including fees and disbursements

(e) Response to the City RFP# 16-05, which closed on XXXX and any clarifications

thereto.

5. Changes and Alterations and Additional Services (a) In consultation with the Consultant, the City may in writing at any time after 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 City shall,

where appropriate, pay the Consultant for its additional fees and disbursements in accordance with the hourly rates provided in Schedule B attached hereto or a mutually agreed upon price.


(c) In the event that the parties decrease the overall Services required under this

Agreement, the City may reduce the amounts prescribed, at its sole discretion, in accordance withthe hourly rates provided in Schedule B attached hereto ora mutually agreed upon price.

(d) In the event that the Consultant wishes to change the Services, a written

proposal shall be submitted to the City detailing the need for and the changes in scope along with the associated fee adjustment in accordance with the hourly rates provided in Schedule B, if applicable. The Consultant must receive written approval of the changes from the City 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 City for any of the following: (a) Any increase in the fees beyond those approved under Section 12; (b) Expenditure of any portion of any Contingency Allowance; (c) Any change in the proposed Project schedule which results in a longer

completion period than presented in the Consultant’s response to RFP#16-05X; and

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

performing the Services, as provided the Consultant’s response to RFP#16-05. 7. Specialized Services The Consultant may engage others for specialized services provided that prior written approval is obtained from the City. The Consultant shall provide the City with a quotation for the specialized services before obtaining the City's written approval. All such specialized services will be billed to the City without mark up or administrative charge by the Consultant. The provision of such specialized services shall not increase the total upset limit set out in Section 12 (b) unless the City's written approval expressly increases that upset limit. 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 City.


9. Drawings and Documents Drawings and documents or copies thereof required for the Project shall be exchanged between the parties on a reciprocal basis. 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 City. “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 City all materials in the Consultant’s possession relating to the Project, including, but not limited to all materials which are provided by the City 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 City, 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 City to modify, further develop or otherwise use the Intellectual Property. At the request of the City, 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 City, and which waiver may be invoked without restriction by any person authorized by the City to use the Intellectual Property. The Consultant shall deliver such written waiver(s) to the City within ten (10) business days of the receipt of request from the City. 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 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 City, in its sole discretion, agrees to waive its rights granted under this Section 11, either partially or in full, the City 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 (a) The Consultant shall be paid a fee, as shown on the Form of Proposal and price

fee schedule attached hereto as part of Schedule “B”.

(b) Notwithstanding any other provisions contained in this Agreement, the total fees, disbursements and administrative charges paid by the City to the Consultant for the Services shall not exceed the total amount of *** Dollars ($***), plus all applicable taxes.

(c) In the event that the City disputes any portion of the Consultant's fees, the City

shall provide the Consultant with written notice of such dispute within thirty (30) calendar days following receipt of the invoices for disputed fees and the reasons therefore. The City shall be entitled to withhold only the amount of the fees in dispute and the balance of the fees not in dispute shall be paid by the City without deduction or set-off. The parties agree to use their best efforts to diligently pursue resolution of any fees in dispute within thirty (30) calendar days of the City's written notice of dispute. If resolution is not achieved, the fees in dispute shall be referred to mediation or arbitration.

(d) The Consultant must request and receive the written approval of the City

before any Additional Services are carried out that are not included in Schedule “A”.

13. Invoicing and Payment (a) The City will issue a Purchase Order for the Contract (the “Purchase Order”). All

payments will be made against this Purchase Order. (b) Throughout the term of this Agreement, the Consultant shall submit invoices in a

form acceptable to the City for all Services completed in the immediately preceding month , in accordance with the fee schedule set out in Schedule B attached hereto, and all such invoices shall reference the Purchase Order.

(c) Subject to Section 12 and Section 13(d), the City shall pay all invoices within 30

days of receipt provided that the Consultant is in compliance with the terms and


conditions of this Agreement. For clarity, should all or any of the Services be deemed unacceptable by the City, payment for such Services will be withheld until such time as such Services are deemed acceptable by the City, acting reasonably.

(d) The City may elect to hold back an amount equivalent to ten percent (10%) of the

total fees, disbursements and administrative charges as set out in Section 12. This holdback amount will be payable by the City to the Consultant within 30 days of the completion and delivery of all Services to the reasonable satisfaction of the City’s Director or Commissioner of Division.

(e) The City may, without breaching this contract, retain from the funds owing to the Consultant an amount that, as between the City and the Consultant, is equal to the balance in the City’s favor of all outstanding debts, claims or damages, whether or not related to this contract. 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 City may inspect and audit the books, payrolls, accounts and records of the

Consultant during regular office hours with respect to any item which the City 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 City, 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 City, 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 City, 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 City. 16. Insurance The Consultant shall insure its undertaking, business and equipment under the following coverage so as to protect and indemnify and save harmless the City: a.) General Liability Insurance: The Consultant shall maintain liability insurance acceptable to the City throughout the term of this Agreement from the date of commencement of work until one year from the date of substantial performance of work. Liability coverage shall be provided for completed operations hazards from the date of substantial performance of the work, as set out in the certificate of substantial performance of work, on an ongoing basis for a period of 6 years following substantial performance of work. Coverage shall consist of a comprehensive policy of public liability and property damage insurance, with all available coverage extensions/endorsements, in an amount of not less than $2,000,000 per occurrence. Such insurance shall name The Corporation of the City 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. A combination of primary coverage plus umbrella or excess liability insurance may be used. b.) Owned and Non-Owned Automobile Liability Insurance: The Consultant shall maintain liability insurance on all Owned, Non-Owned and Leased Automobiles used in the performance of this work to a limit of $2,000,000 per occurrence throughout the term of this Agreement from the date of commencement of work and until one year after the date of substantial performance of work. 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 $1,000,000 per claim 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.

It is also understood and agreed that in the event of a claim any deductible or self-insured retention (SIR) under these policies of insurance shall be the sole responsibility


of the Consultant and that this coverage shall preclude subrogation claims against the City and any other person insured under the policy and be primary insurance in response to claims. Any insurance or self-insurance maintained by the City and any other person insured under the policy 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 City under this Agreement. The City reserves the right to modify the insurance requirements as deemed suitable. e.) Claim Process: Claims reported to the Consultant, either directly by a third party or through the City 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 City, of its position regarding the claim within 21 calendar days of the notice. The Consultant shall include in their response 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. The Consultant’s Insurer upon receipt of this claim shall advise the third party claimant by letter, with a copy to the City, 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 City. Failure to follow this procedure shall permit the City to investigate and resolve any such claims. Nothing herein shall limit the right of the City to investigate and resolve any such claims notwithstanding the response of the Consultant and/or its Insurer and to seek indemnification from the Consultant or to exercise any other rights under the Contract. 17. Suspension or Termination for Convenience (a) The City 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 City from its obligation to pay the balance of monies owing pursuant to this Agreement and shall hold the City 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 City 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 City deems most expedient. The City 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 City 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 City to the affected sub-consultants and subcontractors.

18. Termination for Default (a) The events described below shall be events of default, upon the occurrence of any

of which the City 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 City 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 City’s satisfaction, within five calendar days after it receives such notice, the City 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 City 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 City, and the Consultant shall not be entitled to prior notice of such default.

(c) The City'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 City may be entitled arising out of such events of default.

(d) The “events of default” for which the City 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 City;

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 City's prior written consent, or assigns or subcontracts the performance of all or any part of the Services without the City'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 City pursuant to this section, the

Consultant shall:

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 City, acting reasonably, may

give with respect to such termination. (f) Upon termination of this Agreement pursuant to this section, the City 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 City deems most expedient. The City 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 City will not be required to obtain the lowest prices for completing the services, but shall make such expenditures as, in the City'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 City 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 City upon written notice from the City of the excess so due. The City 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 City 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 City to the affected sub-consultants and subcontractors.

19. Assignment Neither party may assign this Agreement in whole or in part without the prior written consent of the other. 20. Entire Agreement The Agreement, 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 City, such applications for approval or review shall be the responsibility of the Consultant, but shall be submitted through the offices of the City and unless authorized by the City 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 City, or persons authorized by the City, 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. 23. Publication and Distribution The Consultant agrees to obtain the written consent of the City 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 City shall be bound by the

Municipal Freedom of Information and Protection of Privacy Act in the performance of this Agreement.

(b) Each of the City 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.

(c) The provisions of this Agreement and any information disclosed by the City 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 firm 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. Accessibility Standards for Customer Service The Consultant and its subcontractors, employees, agents and others hired under this Agreement shall comply with Ontario Regulation 429/07, entitled "Accessibility Standards for Customer Service" made under the Accessibility for Ontarians with Disabilities Act, 2006, as amended from time to time.


26. Time The Consultant shall perform the Services expeditiously to meet the requirements of the City and shall complete any portion or portions of the Services in such order as the City may require and the City 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 City 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 it is required to make in connection therewith within a reasonable time so as not to delay the work of the Consultant. 27. Conflict of Interest (a) The Consultant shall disclose to the City prior to entering into this Agreement,

any potential conflict of interest. If such a conflict of interest does exist, the City 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 City. If a significant conflict of interest is deemed to exist by the City, then the Consultant shall refuse the new assignment, or shall take such steps as are necessary to the satisfaction of the City, to remove the conflict of interest.

(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.

28. Representations, Covenants, and Warranties The Consultant hereby represents and warrants to and covenants with the City 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 City 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 City;

(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.

29. Notice (a) Any notice given by the Consultant to the City under this Agreement or any other

document as prepared by the Consultant for the City shall be served personally or by sending same by regular letter mail or facsimile to: The Corporation of the City of Waterloo Attn: (name), (title) (address) Fax: (519) ***-****

or such other address as the City may from time to time designate by written

notice to the Consultant. (b) Any notice given by the City to the Consultant under this Agreement or any other

document as prepared by the City for the Consultant shall be served personally or by sending same by regular letter mail or facsimile to:

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

Fax: (519) ***-**** or such other address as the Consultant may from time to time designate by

written notice to the City. (c) Any notice given under this Agreement shall be deemed to have been served, in

the case of personal service or facsimile, on the day it was served, and in the


case of service via regular letter mail, on the third day next, following the day on which it was posted.

30. Monthly Reporting of Progress Throughout the term of this Agreement, the Consultant shall provide monthly

reports, in a form acceptable to the City, showing:

a) the portion of the Services completed in the preceding month; b) Services completed to date; c) remaining Services to be completed; and d) budget spent and remaining and an earned value report.

31. 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 venturer or employee of the City, and the Consultant shall have no right or power to and shall not bind or obligate the City 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 City 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 City, nor shall they be entitled to share in any employee benefits, plans or programs maintained by the City. 32. 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 City 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.


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. 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 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 City 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.

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. XXX Per: ______________________________ Name: Title: Per: ______________________________ Name: Title: I/We have authority to bind the corporation THE CORPORATION OF THE CITY OF WATERLOO Per: ______________________________ Name: D. Jaworsky Title: Mayor Per: ______________________________ Name: O. Smith Title: City Clerk I/We have authority to bind the corporation


Schedule “A” City Terms of Reference for Project

<<Statement of Work from RFP>>>


Schedule “B”

Price Fee Schedule

<<<<Fee Proposal from RFP Response>>>


FORM1–FORMOFPROPOSAL

FOR: RFP#16-05 – Maple Hill Creek Rehabilitation – Environmental Assessment and Detailed Design

SUBMITTED BY: __________________________________________________ (Legal Company Name)

___________________________________________________________________ (Address)

TO: THE CORPORATION OF THE CITY OF WATERLOO Purchasing Department 265 Lexington Court Waterloo, Ontario, N2J 4A8

I, the undersigned, having carefully examined the RFP Documents, having received, carefully examined and incorporated

Addenda No. ______ to No. ______

DECLARATIONS

I/We the undersigned, declare that:

1. I/We agree to perform the work in compliance with the RFP and the attached proposal and for the price set out in the Form 2 Financial Proposal Form together with all supporting appendicies.

2. No person, firm or corporation other than the undersigned has any interest in this proposal or in the proposed contract for which this proposal is made.

3. This proposal is irrevocable and is open for acceptance by the City for a period of one hundred and twenty (120) days from the submission deadline.

NAME OF PROPONENT

Date SIGNATURE

Name/Title: I have the authority to bind the proponent.


FORM2–FINANCIALPROPOSALFORMFOR: RFP#16–05 - Maple Hill Creek Rehabilitation – Environmental Assessment and Detailed Design

SUBMITTED BY: ___________________________________________________ (Legal Company Name) TO: THE CORPORATION OF THE CITY OF WATERLOO

Service Centre, Purchasing Department 265 Lexington Court Waterloo, Ontario, N2J 4A8

I, the undersigned, having carefully examined the RFP Documents, having received, carefully examined and incorporated. Addenda No. ______ to No. ______ inclusive, and having examined all conditions, circumstances and limitations affecting the Work, offer to enter into a contract with the City to perform the Work required by the RFP Documents for the price of: ( Please indicate pricing numerically only.)

PROPOSAL PRICE: $_______________________________

H.S.T. (13%): $_______________________________

TOTAL PROPOSAL PRICE: $_______________________________

H.S.T. # _______________________________

The proposal price includes all disbursements and is in Canadian funds. ______________________________________ ___________________________________ PROPONENT NAME AUTHORIZED SIGNATURE ______________________________________ ___________________________________ ADDRESS NAME (PRINT OR TYPE) ______________________________________ ____________________________________ CITY AND POSTAL CODE TITLE ______________________________________ ___________________________________ TELEPHONE NUMBER FAX NUMBER ______________________________________ __________________________________ E‐MAIL ADDRESS DATE

I have the authority to bind the proponent.


Appendix1–SCHEDULEOFHOURLYRATES

Proponents are to provide a breakdown of hourly rates for all Principals and staff that will be assigned to

complete the Work.

HOURLY RATES OF PRINCIPALS AND STAFF

PRINCIPALS AND STAFF Hourly Rate

$

$

$

$

$

Proponents are to provide a breakdown of hourly rates for all Subcontractors or Suppliers that will be

assigned to complete the Work.

HOURLY RATES OF SUBCONTRACTORS /SUPPLIERS

SUBCONTRACTORS/SUPPLIERS Hourly Rate

$

$

$

$

$


FORM3–LISTOFSUBCONTRACTORSANDSUPPLIERS

The undersigned:

proposes to employ the following subcontractors and/or suppliers to perform an item of work

called for by the contract;

confirms that all have been investigated to confirm their reliability and competency to carry out

such work in accordance with the RFP Documents;

acknowledges that the Instructions to Proponents require that it list only one subcontractor

and/or supplier for each item of the work described in this list of subcontractor/suppliers;

that where it has entered “own forces” to perform an item of the work, it is its intention to use

“own forces” for that purpose;

acknowledges that after it proposal submission, no substitution for a subcontractor, supplier or

“own forces” will be permitted except as provided in the contract or with the consent of the

City.

SUBCONTRACTOR / SUPPLIER DESCRIPTION OF WORK

Name:

Address:

Phone:

Name:

Address:

Phone:

Name:

Address:

Phone:


SUBCONTRACTOR/SUPPLIER DESCRIPTION OF WORK

Name:

Address:

Phone:

Name:

Address:

Phone:

________________________________________

NAME OF PROPONENT

Date SIGNATURE

Name/Title:

I have the authority to bind the proponent.


FORM4–PROPONENT’SPROOFOFABILITYThis form is to be completed in its entirety. This information will be used by the City to determine if the proponent, in the opinion of the City, qualified to adequately perform the work.

#1 COMPANY NAME, DATE AND LOCATION OF CONTRACT:

DESCRIBE PROPONENT ROLE UNDER THE CONTRACT (e.g. Lead):

DESCRIBE WORK COMPLETED BY YOUR COMPANY:

TOTAL VALUE OF THE CONTRACT: $

NAME OF PROPOSED TEAM MEMBERS WHO WORKED ON THE PROJECT:

CONTACT REFERENCE

NAME: TITLE:

PHONE NUMBER: EMAIL:







CONTACT REFERENCE

NAME: TITLE:



FORM5–CERTIFICATE(S)OFINSURANCE

See attached

IRFQ-v1. 7-30-14-for use w/Purchasing

CERTIFICATEOFPROFESSIONALLIABILITYINSURANCE

This is to certify that the Insured, named below is insured as described below.

Telephone Number: ( )

Named Insured:

Fax Number: ( )

Insured’s Address (Street Name, City , Province and Postal Code):

Location and nature of operation or contract to which this Certificate applies:

Insurance Company Policy Number Effective Date

Year Month Day Expiry Date

Year Month Day Limits of Liability

$ Per Claim

$ Aggregate

deductible? No Yes Amount $

Self-Insured Retention? No Yes Amount $

Have there been any claims made in this policy term that may affect the limit of coverage available? No Yes

If cancelled or changed in any manner that would affect the City of Waterloo as outlined in the coverage specified herein for any reason, so as to affect this certificate, thirty (30) days prior written notice by registered mail or facsimile transmission will be given by the insurer(s) to:

CITY OF WATERLOO ATTENTION: PURCHASING DEPARTMENT

265 LEXINGTON COURT, PO BOX 337, STATION WATERLOO WATERLOO, ON N2J 4A8

Fax: (519) 886-5788 This certificate is executed and issued to the aforesaid City of Waterloo, the day and date herein written below:

Name of insurance company or broker (completing form):

Telephone number:

( )

Address:

Fax number: ( )

Name of authorized representative or official (please print):

Signature of authorized representative or official:

Date (year, month, day):

*** This form must be completed and signed by your insurer or insurance broker. *** Note: 1. Proof of insurance will be accepted on this form only (with no amendments). 2. Insurance company must be licensed to operate in Canada.

RFT STANDARD June 2014

1

STANDARD CERTIFICATE OF INSURANCE

This is to certify that the Insured, named below is insured as described below.

Telephone Number: ( )

Insured: Name & Address:

Fax Number: ( )

Location and nature of operation or contract to which this Certificate applies:

Policy Dates

Type of Insurance Company & Policy # Effective Expiry

Limits of Liability / Amounts

Bodily Injury & Property Damage

$ Inclusive

$ Aggregate

$ Deductible

Section 1 – Primary Comprehensive General Liability (Occurrence Basis)

Bodily Injury & Property Damage

$ Inclusive

Section 2 Automobile Liability

$ Inclusive

Section 3 Excess / Umbrella

Section 4 Additional Insureds as required by contract:

1. City of Waterloo

2. Other:

PROVISIONS / AMENDMENTS / ENDORSEMENTS: A. Comprehensive General Liability Insurance (and Excess, if any) is extended to include all coverage

endorsements available, including but not limited to: Cross Liability and Severability of Interest Clause, Premises and Operations Liability, Blanket Contractual Liability, Products / Completed Operations, Personal Injury, and Non-Owned Automobile Liability.

B. With respect to the Comprehensive General Liability Insurance (and Excess, if any), the CITY OF WATERLOO, its officers and/or officials, employees and volunteers (and “other” entities as outlined in Section 4 above) have been added as Additional Insureds but only with respect to liability arising out of the operations of the Named Insured.

C. The Comprehensive General Liability Insurance (and Excess, if any) Policy(ies) identified above shall protect each Insured in the same manner and to the same extent as though a separate policy has been issued to each, but shall not increase the Limits of Liability as identified about beyond the amount or amounts for which the company would be liable if there had been only one Insured. Any failure to comply with any provision of the insurance policy by the Named Insured shall not affect coverage provided to The City of Waterloo.

D. The policy(ies) identified above shall apply as primary insurance and not excess to any other insurance available to the CITY OF WATERLOO.

E. If cancelled or changed to reduce the coverage as outlined on this Certificate, during the period of coverage as stated herein, thirty (30) days (ten (10) days if cancellation is due to non-payment of premium) prior written notice by registered mail will be given by the Insurer(s) to:

CITY OF WATERLOO ATTENTION: PURCHASING DEPARTMENT

265 LEXINGTON COURT, PO BOX 227 STATION WATERLOO WATERLOO, ON N2J 4A8

Fax: (519) 886-5788

This certificate is executed and issued to the aforesaid City of Waterloo, the day and date herein written below.

Name of insurance company or broker (completing form):

Telephone number:

( )

Address:

Fax number: ( )

Name of authorized representative or official (please print):

Signature of authorized representative or official:

Date (year, month, day):

*** This form must be completed and signed by your insurer or insurance broker. *** Note: 1. Proof of insurance will be accepted on this form only (with no amendments). 2. Insurance company must be licensed to operate in Canada.