Loading...
HomeMy WebLinkAboutCouncil Agenda - 2021-10-18Council Meeting Agenda Monday, October 18, 2021, 7:00 p.m. Electronic Meeting Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is open for select services. Members of the public are invited to participate in this meeting electronically by accessing the meeting live -stream video at kitchener.ca/watchnow While in-person delegation requests are not feasible at this time, members of the public are invited to submit written comments or participate electronically in the meeting by contacting dele, atq ion(a)kitchener.ca. Please refer to the delegations section on the agenda below for registration deadlines. Written comments will be circulated prior to the meeting and will form part of the public record. Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 Pages 1. COMMENCEMENT The electronic meeting will begin with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 2. MINUTES FOR APPROVAL Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held September 20, 2021 and special meetings held September 20, 30 and October 4, 2021) - Councillor K. Galloway-Sealock. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE 5. PRESENTATIONS 5.1. Recognition Islamic Heritage / History Month (October) 5.1.a. Mifrah Abid and Sarah Shafiq, Coalition of Muslim Women of KW 6. DELEGATIONS Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. Delegates must register by 5:00 p.m. on October 18, 2021, in order to participate electronically. 6.1. Notice of Motion - M. Johnston - Provincial Vaccine Passport, listed as Item 9.3 under New Business. 6.1.a. Mark Bingeman 6.2. Development Services Department report DSD -2021-177, listed as 7.1.b under the Community and Infrastructure Services Committee report dated October 4, 2021. 6.2.a. David Barker 7. REPORTS OF COMMITTEES 7.1. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - OCTOBER 4, 2021 7.1.a. DSD -2021-166 - Old Mill Sanitary Pumping Station - Consultant Contract Increase That the contract for MTE Consultants Inc. for engineering services related to the Old Mill Sanitary Pumping Station (OMSPS) be increased by $282,700, funded by the development charge reserve fund, as outlined in Development Services Department report DSD - 2021 -166. 7.1.b. DSD -2021-177 - Neighbourhood Speed Limit Review That the speed limit in all residential neighbourhoods within the City of Kitchener be reduced from 50km/h to 40km/h, as outlined in Development Services Department report DSD -2021-177; and, That the speed limit in school zones and along signed and identified neighbourhood bikeways be further reduced to 30km/h within residential neighbourhoods; and, That the capital budget allocation required for implementation be referred to the 2022 budget process; and further, That the Uniform Traffic Bylaw be amended accordingly. Page 2 of 42 7.1.c. CSD -2021-15 - Additional Staff for Proactive Sidewalk Enforcement That Council refer the expansion of the proactive sidewalk enforcement program to the 2022 budget process, as outlined in Community Services Department report CSD -2021-15; and further, That staff be directed to find a one-time funding source to implement the proactive sidewalk enforcement program for the 2021 winter season. 7.1.d. CSD -2021-17 - Fire Department Suppression Response Time & Staffing Review That City Council approve the plan to increase suppression staff by 20 new firefighters over the next four years and open a new fire station in 2026, as outlined in Community Services Department report CSD - 2021 -17; and, That the financial implications of these additions be referred to the City's annual budget process; and further, That staff be directed to complete a fire station location study in 2022 to determine the optimal location for a new fire station, and subsequent impacts on the response zones for other Kitchener fire stations. 7.2. PLANNING AND STRATEGIC INITIATIVES COMMITTEE - OCTOBER 4, 2021 7.2.a. DSD -2021-163 - Demolition Control Application DC21/028/T/ES - 60 Trussler Road - Elev8 Properties Inc. That Demolition Control Application DC21/028/T/ES requesting permission to demolish a single detached dwelling located at 60 Trussler Road be approved. 7.2.b. DSD -2021-165 - Official Plan Amendment OPA21/006/R/TS - Zoning By-law Amendment ZBA21/009/R/TS - 61 & 65 Roy Street - The Windermere Apartments Inc. & Roy Street Investments Inc. That Official Plan Amendment Application OPA21/006/R/TS for The Windermere Apartments Inc. & Roy Street Investments Inc. requesting the addition of Special Policy Area 10 for the lands specified and illustrated as the "Area of Amendment" on Schedule "A", be adopted in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -2021-165 as Attachment "A", and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA21 /009/R/TS for The Page 3 of 42 Windermere Apartments Inc. & Roy Street Investments Inc., requesting a change from Residential Five Zone (R-5) with Special Use Provision 164U to Residential Five Zone (R-5) with Special Use Provision 164U and Special Regulation Provision 773R, be approved in the form shown in the "Proposed By-law" dated September 10, 2021 for the lands illustrated on "Map No. 1" attached to Development Services Department report DSD -2021-165 as Attachment "B". 7.2.c. DSD -2021-164 - Kitchener Growth Management Strategy 2021 Annual Monitoring Report That Development Services Department report DSD -2021-164 Kitchener Growth Management Strategy 2021 Annual Monitoring Report be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region regarding delegated approval authority. 8. UNFINISHED BUSINESS 9. NEW BUSINESS 9.1. REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC 9.2. Notice of Motion - D. Chapman - "Renovictions" - Safe and Adequate Housing Councillor D. Chapman has given Notice of Motion to introduce the following motion for consideration this date: "WHEREAS safe and adequate housing is recognized as a fundamental human right by the Federal Government, whose effect as a major social determinant of health and wellbeing goes well beyond a basic requirement for shelter; and, WHEREAS Kitchener's housing situation has dramatically shifted since 2016, a Housing Needs Assessment demonstrating the average price for a house increased by 104% between 2009 to 2019, with the greatest increase since 2016, and rents increased by an average of 41 %; and, WHEREAS the City is experiencing a gap in the provision of housing, in particular the need for 450 units of supportive housing, over 5,000 units of community housing and 9,300 units of affordable rental housing to address the gaps in the existing supply; and, WHEREAS the City of Kitchener has adopted "Housing for All — Page 4 of 42 The City of Kitchener's Housing Strategy" demonstrating a commitment to realizing the right to housing locally and addressing the housing crisis within the municipality; and, WHEREAS landlords and investors are adding to the strain on the housing supply through the unscrupulous act of "Renovictions" by claiming they are completing major renovations and evicting and displacing existing tenants, and subsequently raising rents which affects those generally identified as lower income earners and their ability to find safe, adequate and affordable housing; and, WHEREAS citizens and communities are hurt by these practices which can and does directly impact the housing and homelessness crisis, as well as inflict damage and trauma (both financially and mentally) particularly on our most vulnerable citizens; THEREFORE IT BERESOLVED that the City of Kitchener lobby the Province of Ontario to take additional and meaningful steps to address the ever increasing problem of "Renovictions"; and further; THAT IT FINALLY BE RESOLVED that a copy of this motion be sent to the Association of Municipalities of Ontario, the Premier of Ontario, the Ministry of Municipal Affairs and housing, the Region of Waterloo and other Municipalities in Ontario for their consideration and possible endorsement." 9.3. Notice of Motion - M. Johnston - Provincial Vaccine Passport Councillor M. Johnston has given Notice of Motion to introduce the following motion for consideration this date: "WHEREAS the Covid-19 pandemic has been both a health crisis and an economic crisis; and, WHEREAS lockdown and physical distancing measures have caused significant hardship to businesses, particularly those dependent on in-person delivery or experience (ex: retail, restaurant, hospitality, personal service, etc.); and, WHEREAS vaccinations have proven to be an effective means of keeping Ontarians safe and can enable businesses to safely remain open without compromising the health of their customers and employees; and, Page 5 of 42 WHEREAS vaccine passports are being considered at Provincial levels throughout Canada; and, WHEREAS the Province of Ontario and the Regional Municipality of Waterloo are the primary authorities governing public health in the city of Kitchener; WHEREAS the Economic Development Advisory Committee expressed concerns about financial supports for businesses and the City's ability to support, maintain and grow the economy; THEREFORE BE IT RESOLVED that the City of Kitchener urge the Province of Ontario to development of a proof of vaccination system, which also include financial supports for businesses to cover capital and human resource costs necessary to execute this requirement; and, where possible, that the Province utilize existing digital platforms to enable easier adoption by business owners; and, THEREFORE BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Honourable Premier of Ontario, the Minster of Municipal Affairs and Housing, the Association of Municipalities of Ontario; and, all other Ontario municipalities." 10. QUESTIONS AND ANSWERS 11. BY-LAWS 11.1. 1ST AND 2ND READING 11.1.a. To further amend By-law No. 2019-113, being aby-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. 11.1.b. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.c. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 11.1.d. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. 11.1.e. Being a by-law to amend Chapter 599 of The City of Kitchener Municipal Code with respect to Licensing and Regulation of Businesses. 11.1.f. To confirm all actions and proceedings of the Council. 12. COMMITTEE OF THE WHOLE Page 6 of 42 13. 14 12.1. TENDERS - NIL 12.2. ADMINISTRATIVE REPORTS 12.2.a. INS -7-21 - Agreement for Maintenance Services on Regional Roads 8 That the Mayor and Clerk be authorized to execute the Agreement for Maintenance Services with the Region of Waterloo for the provision of summer and winter maintenance services on selected Regional roads within the City of Kitchener, as outlined in the Infrastructure Services Department report INS -7-21 following Regional Council approval, expected to be granted on October 20, 2021, said documentation to be to the satisfaction of the City Solicitor; and further, That the Operations — Roads & Traffic staff complement be increased by seven (7) full-time equivalents at zero impact to the City of Kitchener's tax base pursuant to the terms of the agreement between the City of Kitchener and the Region of Waterloo. 12.3. FOR INFORMATION ONLY 12.3.a. Summary of Bid Solicitations Approved by Manager of Procurement July 1, 2021 — September 30, 2021. REPORT OF THE COMMITTEE OF THE WHOLE BY-LAWS 14.1. 3RD READING 14.1.a. To further amend By-law No. 2019-113, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. 14.1.b. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 14.1.c. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 14.1.d. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. 14.1.e. Being a by-law to amend Chapter 599 of The Cityof Kitchener Municipal Code with respect to Licensing and Regulation of Businesses. 14.1.f. To confirm all actions and proceedings of the Council. 15. ADJOURNMENT 37 Page 7 of 42 StaffRepoif ►�l,X� F Infrastructure Services Department wwwkitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: October 18, 2021 SUBMITTED BY: Roslyn Lusk, Director— Operations, Roads & Traffic, (519) 741-2600 x4599 and Niall Lobley, Director Parks & Cemeteries, (519) 741-2600 X4518 PREPARED BY: Roslyn Lusk, Director — Operations, Roads & Traffic (519) 741-2600 x4599 WARD (S) INVOLVED: All Wards DATE OF REPORT: October 6, 2021 REPORT NO.: INS-7-21 SUBJECT: Agreement for Maintenance Services on Regional Roads RECOMMENDATION: That the Mayor and Clerk be authorized to execute the Agreement for Maintenance Services with the Region of Waterloo for the provision of summer and winter maintenance services on selected Regional roads within the City of Kitchener, as outlined in the Infrastructure Services Department report INS -7-21 following Regional Council approval, expected to be granted on October 20, 2021, said documentation to be to the satisfaction of the City Solicitor; and further, That the Operations — Roads & Traffic staff complement be increased by seven (7) full-time equivalents at zero impact to the City of Kitchener's tax base pursuant to the terms of the agreement between the City of Kitchener and the Region of Waterloo. BACKGROUND: Since the formation of the Region of Waterloo in 1973, the City of Kitchener has provided maintenance of Regional roads within the City of Kitchener, via an agreement with the Region through which residents benefit from more seamless and efficient service delivery. The establishment of the agreement with the Region is consistent with practices employed by the cities of Cambridge and Waterloo. The term of the current agreement between Kitchener and the Region runs from January 1, 2021 until December 31, 2021; as agreed to by Council per staff report INS -20-007 dated July 8, 2020. REPORT: The rationale for City forces to continue to provide cores services on Regional roads through an agreement with the Region has been long standing. As such, staff have been working with the Region, in collaboration with area municipalities to establish a new agreement to be in place beyond December 2021. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 8 of 42 Through two staff reports, INS -19-061 and INS -20-007, the existing agreement has been extended due to several factors; including the decision to extend the agreement for a 1 -year period in 2019 to gather real data to understand the impacts on services with the operational ization of the ION and then an additional year when negotiation talks were paused in March 2020 as all municipalities turned focus to emergency response related to the pandemic. The current agreement expires on December 31, 2021. Negotiations recommenced in fall of 2020 and staff from the Region and the area municipalities have met regularly since. Negotiations were conducted to establish a mutually suitable agreement between the Region and the individual cities for a 5 -year period from January 1, 2022 to December 31, 2026. While each municipality enters into a separate agreement with the Region, the basis of the agreement remains virtually identical, with each individual municipality establishing base amounts to provide specific maintenance activities on the Regional roads lying within their respective boundaries. Base amounts are established as a minimum value of the agreement and to allow both parties to establish fiscal budgets. Scope of Agreement Maintenance activities included in the existing agreement remain generally unchanged under this new agreement and generally includes the following: • Road patrol • Surface asphalt maintenance • Shoulder maintenance • Street sweeping • Spring cleanup (litter pick up) • Right of way drainage including catch basin and maintenance hole maintenance • Leaf pickup and disposal • Winter snow and ice control • Emergency response (e.g., accidents, washouts, spills, tree damage, debris, etc.) • Preventative maintenance agreed to by the Region, paid as extras to the contract on a time and material basis. Key Differences Between Current and New Agreement In previous contracts, base amounts were split into two types of activities: winter maintenance activities and summer maintenance activities. Winter billings were done on a time and materials basis, with a 65% minimum standby charge during the months of November to March with a "baseline" cost established. The 65% standby represents compensation for additional resources (i.e., staff and equipment) the city only has to support our obligations to the Region under the agreement. The current agreement includes the provision that any costs exceeding the 100 percent baseline cost, up to 105 percent of the baseline cost, are borne solely by the Cities and any costs exceeding 105 percent baseline cost, are borne by the Region. In the summer months (April to October), the billings were fixed and based on the lump sum budgets established and agreed upon when the contract originated; adjusted yearly with annual inflation. There were many items that crossed into both seasons (example — potholes, road patrol) so a portion of the costs were captured via winter actual billings and a portion was covered in the summer lump sum. Page 9 of 42 All parties agree the methodology of costs being in grouped into seasonal activities termed "winter" and "summer' is confusing and does not align with how the work is performed over the course of a year. The new agreement establishes three categories of costs: • Winter— this will represent purely winter costs for snow and ice control, including plowing, salting, sanding, snow fence, loading, and winter road patrol. Winter costs are billed based on actuals and will still include 65% standby however the provision for Cities to be responsible for costs between 100% to 105% of baseline has been removed. • Lump Sum — these activities are considered routine in nature and do not have large variability year to year. A lump sum amount can be established and billed over a 12 -month period. This includes sweeping, debris pickup, routine road patrol and supervision charges. • Time and Material — these activities take place over the course of 12 months but have more variability and uncertainty and therefore will be billed based on actuals. A base amount will be established as part of the contract for budgeting purposes. These activities include pothole repairs, gravel shoulder maintenance, sewer maintenance, emergency response and operating costs for the Snow Storage and Disposal Facility (SSDF). The contract amount has increased beyond inflationary increases from the previous contract amount, mainly due to the following factors: • Growth in Regional infrastructure now requiring maintenance; including a 375% increase in lane km requiring shoulder maintenance and 10% increase in lane km now requiring year-round maintenance previously only requiring only winter maintenance. • Changes to the Minimum Maintenance Standards in 2018, which include more stringent requirements for the winter maintenance of bike lanes, has also increased the requirements to clear all 74 km of bike lanes on Regional roads and load snow from 14.6 km of bike lanes on Regional roads; • Recently constructed cycling facilities, such as raised cycle tracks and separated facilities, require additional maintenance and in some cases, specialized equipment; • the operational ization of the SSDF and cost allocation for storage/disposal of snow from Regional roads; and, • ION becoming operationalized since the completion of the last agreement and specialized requirements to maintain the 10.5 km of roadways adjacent to the ION rapid way. In particular, the need for snow loading (removing snow from these roadways and disposing at the SSDF) has increased significantly along these roadways due to the lack of space for storing snow which results in the need to lift snow after almost every snow fall. In order to fulfill the City's obligations under this agreement and support service level delivery, an additional full time equivalent (FTE) complement of seven (7) staff are required. Region of Waterloo staff has reviewed the revised contract amounts, have scrutinized, and accepted the values; and have agreed to fund the staff resource requirements with no budgetary impact to the city's operational budget. The proposed agreement was approved by the Region's Committee of the Whole on October 12, 2021 with final ratification by Regional Council expected on October 20, 2021. Page 10 of 42 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The 2022 contract amount for winter and summer maintenance to the City of Kitchener is $4,165,510. This amount will be adjusted annually by inflation and by any additional lane kilometer in accordance with the terms and conditions identified in the agreement. It is important to note this contract is setup on a cost recovery basis so any increase in revenue is the result of increases in anticipated expenses. Funding for additional staff resources comprises a portion of the contract amount and is fully funded within the City of Kitchener's 2022 proposed operating budgets resulting in zero impact to the tax base for these additional staff. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: Staff Report INS -14-019 dated September 8, 2014. Staff Report INS -19-061 dated September 18, 2019. Staff Report INS -20-007 dated July 8, 2020. ACKNOWLEDGED BY: Denise McGoldrick, General Manager, Infrastructure Services Page 11 of 42 �If/' Region of waterloc REGION OF WATERLOO TRANSPORTATION DIVISION MAINTENANCE AGREEMENT WITH LOCAL MUNICIPALITIES This Agreement made this day of , 2021 BETWEEN: The Regional Municipality of Waterloo (the "Region") - and — The City of Kitchener (the "Local Municipality") WHEREAS the Region has jurisdiction over Regional roadways that are located within the boundaries of the Local Municipality: AND WHEREAS the parties have agreed, subject to the terms and conditions herein, that the Local Municipality shall provide certain road maintenance services on selected sections of the said roadways; NOW THEREFORE IN CONSIDERATION OF the covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree to carry out the terms and conditions of this Agreement as follows: TERMS AND CONDITIONS 1.0 Scope of the Maintenance Agreement a) The Local Municipality shall provide routine and winter maintenance services on selected Regional roads within the Regional Municipality of Waterloo. These services, with some exceptions, as shown in the Schedules A, B, C, and D attached hereto, are to be provided based on the terms of this Agreement. Work not included in this Agreement will generally be paid for on a Work Order basis issued by the Region and in a form satisfactory to the Region, after negotiation between the parties. The scope of this Agreement may be modified by the Region in writing, subject to agreement by both parties to payment adjustments. The scope of this Agreement may also be modified by mutual agreement of both parties. b) This Agreement is for the work to be performed by the Local Municipality as identified in Schedule "A" (the "Work") and includes items such as: i. Hot / Cold Patching; Document Number: 2944263 Version: 14 Document Name: 2022_2026 AMA Working Agreement Page 12 of 42 ii. Shoulder Maintenance; iii. Storm Sewer Maintenance and any related Curb and Gutter work required; iv. Emergency Response; v. Machine Street Sweeping; vi. Debris Pick Up; vii. Spring Roadside Winter Damage Repair; viii. Routine Road Patrol; ix. Snow and Ice Control; x. Snow Loading / Hauling; xi. LRT Snow Loading and Hauling; xii. Snow Fence Remove / Installation; xiii. Winter Representative Patrol; xiv. Snow Disposal Facility Operation; and, xv. Maintenance Outside Agreement Approved by Region, provided that payment for such work shall be at an added cost to the Region, to be negotiated and agreed between the parties. c) For greater clarity, this Maintenance Agreement does not include the following work: i. Sign installation and maintenance; ii. Traffic control signal maintenance; iii. Centre and edge line painting; iv. Special markings and crosswalks (zone painting); v. Bridge structure maintenance (except for roadway and pedestrian surfaces); vi. Catch basin cleaning and ditching; vii. Crack Sealing; viii. Preventative tree maintenance and planting; ix. Street lighting; x. Utility cut repair for which the Local Municipality charges back to the utility; xi. Vegetation management (for example gardens, grass cutting, island trimming, etc.); xii. Safety devices (guide rail, end treatments); xiii. Retaining walls, noise walls, and fences; xiv. Graffiti removal; xv. Concrete work related to curb, gutter, or boulevard with the exception of when related Storm Sewer work is completed; and, d) Electronic Control System for Salt/Sand Spreader for Winter Maintenance. To ensure the efficient use of salt and sand used on the Regional road system and to aid in the overall reduction of salt use as per the Region's Winter Maintenance Policy all vehicles used to perform winter snow and ice control work under this Agreement shall be equipped with ground speed automatic spreader controls capable of reporting tonnes of material used and spread rates. Controllers must have downloadable on board memory that stores winter trip events and must also be compatible with the Region's Automatic Vehicle Location (AVL) or approved equivalent system for the purpose of vehicle and data tracking. e) Ontario Traffic Manual (OTM) Book 7 and all Applicable Laws, Legislation, and Regulations. Document Number: 2944263 Version: 14 2 Document Name: 2022_2026 AMA Working Agreement Page 13 of 42 The Local Municipality shall follow all applicable laws, legislation and regulations while providing all Work outlined in this agreement. Without in any way limiting the foregoing, to ensure uniformity and safety, the Local Municipality will be in compliance with the traffic protection requirements as outlined in the Ontario Traffic Manual Book 7 when performing Work on Regional roads under this Agreement. 2.0 Term of Agreement The term of this Agreement shall be effective commencing on the 1 st day of January, 2022 and shall remain in effect until the 31st day of December, 2026. Both parties agree to meet and review the terms and conditions yearly, and amend the Agreement in writing, if necessary. 3.0 Notice Notice by either party shall be served by electronic transmission, registered mail, or courier, postage or delivery charges prepaid, addressed, in the case of a Local Municipality, to (as applicable): The City of Cambridge 50 Dickson Street Cambridge ON N 1 R 8S1 Attention: Director of Operations hausserm@cambridge. ca The City of Kitchener P.O. Box 1118 200 King Street West Kitchener ON N2G 4G7 Attention: Director, Operations Roads & Traffic roslyn.l usk@kitchener.ca The City of Waterloo 265 Lexington Court Waterloo ON N2J 4A8 Attention: Director of Transportation Christine. koehler@waterloo. ca And in the case of the Region, to The Regional Municipality of Waterloo 150 Frederick Street Kitchener, ON N2G 4J3 Attention: Director, Transportation svandekeere@regionofwaterloo.ca And all such notices shall, if delivered by email with confirmation of delivery, be deemed to be have been received the same day if delivered before 4:30 p.m. on a business day of, if not, then the next business day, or if delivered by mail, be deemed to have been received by the addressee on the third business day following mailing, or if delivered by courier, on the day of delivery unless delivered on a weekend or holiday, in which case it shall be deemed to have been received on the next business day. Either party may change their address for service on written notice to the other party. Document Number: 2944263 Version: 14 3 Document Name: 2022_2026 AMA Working Agreement Page 14 of 42 4.0 Description of the Work Area The work area that the Local Municipality shall be responsible for maintaining as described in Schedule "B", Description of Work attached hereto (the "Work Area"). Each roadways limits, its centerline distance, lane mileage and cycle lane mileage is shown. For the purpose of this Agreement, every road under the jurisdiction of the Region of Waterloo has been classified according to the Ontario Regulation 239/02 or any supplemental or successor regulation. For greater clarity, the average annual daily traffic counts will be measured by the Regional Traffic Engineering department and used in conjunction with posted speed limits to quantify associated road class. It shall be the responsibility of the Region to ensure that the Local Municipality has accurate information regarding the road classification for the Regional Roads. Road class information for each Regional Road segment will be provided to the Local Municipality electronically through a shared GIS platform. For greater certainty, a maintenance lane calculation represents a length of a roadway section that is to be maintained. A Maintenance Lane Length is calculated by the following formula: Number of maintenance lanes x Length of road section = Maintenance lane length A lane of any width is determined to be a maintenance lane if it meets the following criteria for the entire length of a section of road (block to block) - A continuous marked traveled lane - Back to back marked left/right turn lane - Marked left or right turn lane - Marked gore areas equivalent to at least a standard lane width A bike lane calculation represents a length of bike facility (bike lane or paved shoulder) that is to be maintained. A bike lane length is calculated by the following formula Width of bike lane x 2 Length of bike lane x Bike lane length 3.65 All parties hereto agree that there are maintenance cost differences between types of bike lanes. The Region is currently undertaking a review of its bike lane infrastructure. Changes to bike lane criteria and differences in maintenance costs will be addressed for 2023 and amended as part of the terms of this Agreement and in accordance with Section 8.0 hereof. 5.0 Roles and Responsibilities 5.1 Duties of the Region a) The Region shall appoint an "Agreement Administrator" to provide all or any of the administrative services of the Agreement. b) The Agreement Administrator shall represent the Region during the life of this Agreement in its day-to-day administration. All instructions to the Local Municipality will be issued by the Agreement Administrator and all claims, disputes and other matters in question relating to the performance and quality of the Work or the interpretation of the Agreement Document Number: 2944263 Version: 14 4 Document Name: 2022_2026 AMA Working Agreement Page 15 of 42 Documents shall be initially referred to the Agreement Administrator who shall respond in a timely manner. c) The Agreement Administrator may review the Work performed by the Local Municipality from time to time and meet with Local Municipality staff to resolve any issues that may arise with respect to conformity with the Agreement. Such review will not be unreasonable and it is anticipated to include only those items that arise from observations or complaints received by either party for activities that are not in conformance with Schedule "A" for activities such as plowing/salting streets, sweeping roadways and bicycle paths, pothole patching, etc. It shall not include testing the quality of products used e.g. patching materials. The Region reserves the right to stop any Work being performed by the Local Municipality if, in the reasonable opinion of the Region, the Local Municipality's activity creates a safety concern to the traveling public. The Local Municipality shall not continue with such Work until the Local Municipality provides the Region with an appropriate Traffic Protection Plan and receives written approval for such plan. The Agreement Administrator will schedule an Annual Inspection with a representative of the Local Municipality. The inspection shall take place in early spring of each year in order to develop maintenance needs and spot asphalt repair areas. In no way will the role of the Agreement Administrator absolve or release the Local Municipality of its duties and obligations under this Agreement. d) The Region shall provide the Local Municipality the most current road class of the Regional road network on a monthly basis throughout the Agreement. 5.2 Duties of the Local Municipality a) The Local Municipality shall monitor weather, patrol and maintain the Work Area to a standard as set out in the Municipal Act - Ontario Regulation 239/02 or successor Regulation as well as all other applicable laws and in accordance with the Regional Quality Standards are located in Schedule "A". b) The Local Municipality shall designate a main contact person for this agreement. The contact person shall represent the Local Municipality in dealings with the Agreement Administrator including attending the Annual Inspection c) The Local Municipality shall follow Schedule "A" for a detailed description of Maintenance Activities. d) As part of its patrolling responsibilities, the Local Municipality shall record and inform the Agreement Administrator of maintenance repair requirements/deficiencies found requiring action that fall outside the scope of the Work so the Region can take action to repair. e) The Local Municipality shall carry out its duties under this Agreement, in accordance with all applicable technical standards and specifications (e.g. OPSS, CSA etc), all Governmental Laws and Regulations including but not limited to the Occupational Health and Safety Act ("OHSA") and all environmental laws. f) The Local Municipality will develop a Salt Management Plan that meets the content of Environment Canada's Code of Practice including adoption of best management practices Document Number: 2944263 Version: 14 5 Document Name: 2022_2026 AMA Working Agreement Page 16 of 42 to minimize the impact on drinking water sources from application of winter maintenance chemicals on roads, sidewalks, bike lanes and trails. Where a Chloride and/or Sodium issue has been identified, the Local Municipality shall review and, if necessary, revise their Salt Management Plan for the application of salt on roads and bike lanes in all Wellhead Protection Areas. The Salt Management Plan shall include, as a minimum, measures to ensure application rate, timing, and location reduce the potential for salt -related surface water run-off and groundwater infiltration and meet the objectives of Environment Canada's Code of Practice for Environmental Management of Road Salts including salt vulnerable area requirements under the Clean Water Act. g) The Local Municipality shall have complete control of the Work required under this Agreement and shall effectively direct and supervise the Work so as to ensure conformity with the Agreement. The Local Municipality shall be responsible for maintenance and construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. h) The Local Municipality shall obtain the necessary permits from the Region as required based on the Region's Work Permit By -Law #07-029, or any successor By -Law, anc complete all work in accordance with the By -Law and permits. i) By agreeing to perform the Work under this Agreement the Local Municipality acknowledges that they will be responsible for meeting all of the "employer" obligations under the OHSA, and any other applicable laws, and shall ensure that all Work is carried out in accordance with the OHSA and its regulations. This includes, but is not limited to, the duties to provide a safe workplace; prepare and provide Traffic Protection Plans for each activity performed by their employees; provide information and educate workers on workplace hazards; appoint a competent supervisor; prepare and provide a health and safety policy, implement a comprehensive health and safety program to support the policy and take every reasonable precaution to protect the health and safety of workers. 5.3 Dispute Resolution If a dispute arises out of, or in connection with this Contract, and the parties do not resolve some or all of the dispute through discussions then: a) Written notice, containing a request to negotiate, shall be given by either party to the other(s). This notice shall be given promptly in order to prevent further damages resulting from delay and shall specify the issues in dispute. b) Negotiations shall occur first between representatives of the Local Municipality (applicable Supervisor, Operations - Roads and Traffic) and the Agreement Administrator (the "Site Negotiations"). If the Site Negotiations do not resolve some or all of the issues in the dispute within 5 business days after notice has been given, then the parties shall attempt to resolve the issues in dispute through a second level of negotiations, between the Manager, Maintenance Operations of the Local Municipality and the Region's Manager of Transportation (the "Operations Negotiations"). If the Operations Negotiations do not resolve some or all of the issues in the dispute within 5 business days, then the parties shall attempt to resolve the issues in dispute through a third level of negotiations, between the Director, Operations — Roads and Traffic of the Local Municipality and the Region's Director of Transportation (the "Director Negotiations"). If the Director Negotiations do not resolve some or all of the issues in the dispute within 5 business days, then the parties Document Number: 2944263 Version: 14 6 Document Name: 2022_2026 AMA Working Agreement Page 17 of 42 shall attempt to resolve the issues in dispute through a fourth level of negotiations, between the General Manager, Infrastructure Services of the Local Municipality and the Region's Commissioner, Transportation and Environmental Services (the "Commissioner Negotiations"). All information exchanged during these negotiations shall be regarded as "without prejudice" communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non -discoverable by virtue of its use during the negotiations. c) If a disputed issue is not resolved satisfactorily through the four negotiation levels, the issue may be resolved through binding arbitration pursuant to the Arbitration Act, 1991 ("the Arbitration Process"). Each party shall be responsible for its own cost related to the use of the Arbitration Process. The costs of the arbitrator, meeting facilities and so on will be shared equally by the Local Municipality and the Region. d) It is agreed that the Local Municipality shall in every case where there is a dispute, continue to perform the works until resolution, with all due diligence and expedition whether or not notice, oral or written, of the dispute has been served or received. 6.0 Payment All payments shall be on the basis of invoices submitted by the Local Municipality. The Local Municipality shall invoice the Region by the last business day of each month for all of the Work done in the previous month in accordance with the terms set out in this Section 6.0. The invoice shall include a breakdown of costs as set out in Schedule "D" Monthly Budget Reporting Periodic audits on individual activities will be performed by the Region in cooperation with the Local Municipality. Payments shall be based on either time and material or lump sum cost, as outlined below. No additional payments shall be made for excessive material, equipment or staffing costs unless noted otherwise. 6.1 Payment for Winter Maintenance All materials, labour, equipment, and overhead administration for winter maintenance activities as identified in Schedule D will be undertaken by the Local Municipality from November 1 It to March 31st. Payment for winter maintenance shall be based on the following agreed upon amount: Kitchener - $2,649,320.00 (annual base)/$529,864.00 (monthly base)/$5,759.00 (per lane km) Waterloo - $1,201,610.00 (annual base)/$240,322.00 (monthly base)/$4,768.00 (per lane km) Cambridge - $1,817,742.00 (annual base)/$363,548.00 (monthly base)/$6,562.00 (per lane km) The annual base for each winter maintenance activity in section 6.1 shall be provided annually by the Local Municipality, by completing a spreadsheet in the form as attached as Schedule D. Document Number: 2944263 Version: 14 7 Document Name: 2022_2026 AMA Working Agreement Page 18 of 42 The Region acknowledges that the variability of winter can have an impact on winter costs and that there are certain fixed costs attached to providing winter maintenance services, and as such: a) The Region agrees to pay 65% of the Monthly Base Amount incurred by Local Municipalities on a monthly basis, regardless if the actual monthly cost is below 65% of the Monthly Base Amount. b) The Local Municipality will invoice the actual monthly cost to the Region, and the Region agrees to pay the full amount of the invoice if the invoice is greater than 65% of the Monthly Base Amount. c) The Local Municipality will invoice the actual cost to the Region, and the Region agrees to pay the full amount of the invoice for winter services outside the Winter Maintenance period noted above. 6.2 Payment for Lump Sum Routine Maintenance All materials, labour, equipment, and overhead administration for year-round lump sum routine maintenance activities as identified in Schedule D will be undertaken by the Local Municipality. Supervision costs to fulfill all routine and winter activities as defined in Schedule D shall be included in the year-round lump sum. Payment for year-round lump sum routine maintenance shall be based on the following agreed upon amount: Kitchener - $806,780.00 (annual lump sum amount) $1,754.00 (per lane km) Waterloo - $385,200.00 (annual lump sum amount) $1,529.00 (per lane km) Cambridge - $526,491.00 (annual lump sum amount) $1,901.00 (per lane km) The annual lump sum cost for activities in section 6.2 shall be provided annually by the Local Municipality, by completing a spreadsheet in the form as attached as Schedule D. 6.3 Payment for Time and Material Routine Maintenance All materials, labour, equipment, and overhead administration for routine time and material maintenance activities as identified in Schedule D will be undertaken on a year-round basis. The Local Municipality will invoice the actual cost to the Region, and the Region agrees to pay the full amount of the invoice for routine time and material maintenance. The Local Municipality will provide an estimated budget for each time and material item based on historical values as part of this agreement. Local Municipalities agree to follow the yearly budget as close as possible and make the Region aware of situations where the yearly budget may be surpassed and reasons why. The estimated budgets will be altered yearly based on the Annual CPI Adjustment factor and/or conditions. Kitchener - $697,640.00 (annual time and material estimate) $1,517.00 (per lane km) Waterloo - $438,700.00 (annual time and material estimate) $1,741.00 (per lane km) Cambridge - $170,291.00 (annual time and material estimate) $615.00 (per lane km) The annual estimated cost for each Routine Maintenance activity in section 6.3 shall be provided annually by the Local Municipality, by completing a spreadsheet in the form as attached as Schedule D. Document Number: 2944263 Version: 14 8 Document Name: 2022_2026 AMA Working Agreement Page 19 of 42 6.4 Payment for Work Orders Work not included in Schedule "A" will be paid on a work order basis after negotiation between the parties and upon written approval of the Agreement Administrator. The Local Municipality shall include the cost of work performed under an Approved Work Order in the next monthly invoice after the completion of the work. Payment for the work shall be according to the terms of the Work Order. From time to time work performed under a Work Order may not be on the basis of a price negotiated in advance of the work but may be on the basis of Time and Material, which shall be identified in the applicable Work Order. Payment then would be full compensation for all labour, equipment and material to do the work on a Time and Material Basis, such costs to be based on the following: a) Current Labour Cost (Salaries and Wages). b) Employee Fringe Benefit Cost — Percentage of labour costs as annually agreed to by the Region and the Local Municipality. c) Equipment Cost — The cost of equipment based on the Local Municipality's current hourly rate for vehicles and equipment. d) Materials Cost — The actual cost of construction and maintenance materials utilized by the Local Municipality in performing the services. e) Other Equipment or Service Cost — The actual cost to the Local Municipality in employing equipment or services not directly owned by the Local Municipality. f) Overhead Cost — A seven percent (7%) fee calculated on the total actual maintenance costs. g) Such other costs as may be mutually agreed to by the Region and the Local Municipality in writing. 6.5 Annual Adjustment to the Winter and Routine Price per lane Kilometer Each year the Local Municipality will submit their requested inflationary cost increase, to the Region no later than September 151h. Any dispute over the new annual base amount shall be address in accordance with the Dispute Resolution Process of this Agreement. The inflation cost increase will be applied to invoices related to this agreement for the following calendar year. A 12 -month average inflation index ending from June 30' shall be used to determine the average increase. The Canadian Consumer Price Index for all items in the Ontario market shall be used. 6.6 Lane Kilometers Additions or Deletions If the number of lane kilometers in the work Area increases (or decreases) during the life of this Agreement, it will require additional (or less) maintenance effort. To compensate the Local Municipality for such changes, the Region will annually review the road mileages in the agreement and will credit (or debit) the Local Municipality on an annual basis. Document Number: 2944263 Version: 14 9 Document Name: 2022_2026 AMA Working Agreement Page 20 of 42 Road mileages shall be adjusted on January 1 of each year based on additional or reduced road mileages from the previous year. Increase shall be calculated using the agreed upon format in Section 4.0 above on a per lane kilometer basis. 6.7 Reconstruction During the Life of the Agreement It is probable that some sections of Regional Roads within a Local Municipality will be resurfaced or reconstructed during the life of the Agreement, thereby reducing the maintenance effort required. It is also expected that normal deterioration of the Regional Roads in the Local Municipality will require additional maintenance effort as the roadway ages. The Local Municipality is advised that no credits or debits to the annual payment will be made due to reconstruction of roadways or deterioration of roadways. The average Surface Condition Index (SCI) and traffic volumes (AADT) will be included along with the lists of roads as described in Schedule B and C, 7.0 Indemnification / Insurance 7.1 Indemnification a) The Local Municipality, both during and after the term of the Agreement, shall defend, release, indemnify and hold harmless the Region, its elected officials, officers, employees, volunteers, agents, Local Municipalities and their 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 damages 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 persons or person may suffer or incur, howsoever caused, arising out of or in connection with, in any way related to, or as a result of acts or omissions, whether negligent or otherwise, of the Local Municipality, its officers, employees, agents and permitted successors and assigns in regard to the maintenance services required by or carried out under subparagraph 1.0 (a) of this Agreement. b) The Region, both during and after the term of the Agreement, shall defend, release, indemnify and hold harmless the Local Municipality, its elected officials, officers, employees, volunteers, agents, Local Municipalities and their 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 damages 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 persons or person may suffer or incur, howsoever caused, arising out of or in connection with, in any way related to, or as a result of acts or omissions, whether negligent or otherwise, of the Region, its officers, employees, Local Municipalities, agents and permitted successors and assigns in regard to: (a) the design and construction of a road Document Number: 2944263 Version: 14 10 Document Name: 2022_2026 AMA Working Agreement Page 21 of 42 under the authority and jurisdiction of the Region; and (b) maintenance or other works listed in subparagraph 1.0(b) of this Agreement. 7.2 Comprehensive General Liability Insurance Each party shall purchase and maintain third party liability insurance acceptable to the other throughout the term of this Agreement. Coverage shall consist of a comprehensive policy of public liability and property damage insurance in an amount not less than $10,000,000 per occurrence and such insurance shall name the other as an additional insured thereunder. Such insurance shall be extended to include the following additional endorsements: Products and Completed Operations; Owners and Local Municipalities (Service Providers) Protective Liability; Contingent Employers Liability (if applicable); Personal Injury; Contractual Liability; Non -Owned Automobile Liability and Cross Liability with a Severability of Interest Clause. Each party's insurance shall state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail to the other. Any deductibles or self-insured retention must be declared to and approved by the other and any such deductible or self-insured retention shall be the sole responsibility of the respective party in the event of a claim. The Local Municipality's insurance coverage shall be the primary insurance to the insurance carried by the Region in regard to claims relating to subparagraph 7.4(a) of this Agreement. Any insurance or self-insurance maintained by the Region shall be excess of the Local Municipality's insurance and shall not contribute with it. The Region's insurance coverage shall be the primary insurance to the insurance carried by the Local Municipality in regard to claims relating to subparagraph 7.4(b) of this Agreement. Any insurance or self-insurance maintained by the Local Municipality shall be excess of the Region's insurance and shall not contribute with it. Each party shall be responsible for their own insurance deductible. Each party shall forward to the other a "Certificate of Insurance" from their insurer completed in accordance with these stated provisions. 7.3 Automobile Liability Insurance: Each party shall purchase and maintain automobile liability insurance in a form acceptable to the other, to a limit of $10,000,000 inclusive for bodily injury, death and damage to property. Coverage is required for all automobiles owned, leased, hired, or borrowed by the party, for the direct or indirect use of the party in the performance of its duties under this Agreement. Each party shall forward to the other a "Certificate of Insurance" from their insurer completed in accordance with these stated provisions. 7.4 Claims In the event of a claim, notice of claim or the potential of a claim, by a third party for bodily injury or property damage, the following procedures shall apply: a) For claims relating solely to the maintenance services required by or carried out by the Local Municipality under paragraph 1.0 (a) of this Agreement, the Local Municipality shall immediately at its expense adjust, defend or settle the claim. If at the resolution of a claim, the Local Municipality has been found not liable by the Courts, the Region shall reimburse Document Number: 2944263 Version: 14 11 Document Name: 2022_2026 AMA Working Agreement Page 22 of 42 the Local Municipality, forthwith, for any reasonable expenses incurred for the investigation and defense of that claim (and subject to Section 7.1). For any such claim that is discontinued for any reason prior to the determination of liability by the Courts, the reasonable expenses incurred for the investigation and defense of that claim shall be divided equally between the Local Municipality and the Region. The Local Municipality shall take all reasonable steps to obtain and collect its costs from any proceeding under this subparagraph and any reimbursement by the Region under this subparagraph shall be for the net amount for the Local Municipality's investigation and defense. b) For claims related solely to: (a) the design and construction of a road under the authority and jurisdiction of the Region; (b) maintenance or other works listed in paragraph 1.0(b) of this Agreement or requirements under the Municipal Act, 2001, S.O. 2001, c. 25 — Ontario Regulation 239/02 or as amended; and, (c) Regional road classification as defined under O. Reg 239/02: MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS under the Municipal Act, 2001, S.O. 2001, c. 25 or as amended, the Region shall immediately at its expense adjust, defend or settle the claim. c) For claims that invoke both paragraphs 7.4.(a) and 7.4.(b) of this Agreement, the Region and the Local Municipality shall immediately reach an agreement, subject to the approval of their respective liability insurers and/or Waterloo Region Municipalities Insurance Pool, on which party will assume responsibility for adjusting, defending, or settling of such claims with the specific intent of avoiding duplicate adjusting and defense costs. The Region and the Local Municipality shall have the same rights of indemnity with respect to the costs incurred in the adjusting, defending, or settlement of such claims as to the portion of liability assessed by the Courts at the completion of the proceeding. Any dispute over the adjustment, defense or settlement of such a claim shall be resolved in accordance with the administrative practices as established from time to time by the Waterloo Region Municipalities Insurance Pool and/or the municipal insurers. d) Any dispute, when either the Region or the Local Municipality is not a member of the Waterloo Region Municipalities Insurance Pool, over the amount of the claim in which either the Region or the Local Municipality is entitled to as full or partial indemnification from the other as provided in the items above shall be submitted to Arbitration by written notice given by either party to the other. Upon notice being given the parties will immediately agree upon a single arbitrator to decide the dispute and failing agreement of a single arbitrator each party shall at once appoint an arbitrator and those two arbitrators shall jointly appoint a third arbitrator. The decision of any two of the three arbitrators so appointed shall be final and binding upon the parties who agree with each other that their dispute shall be decided by arbitration alone and not by recourse at law. The arbitrator or arbitrators shall have all the powers given by the Arbitration Act, 1991 and any arbitration will be conducted according to the Arbitration Act, 1991. 8.0 Amendment Clause The Local Municipality and/or the Region may, in writing, request changes to this Agreement at any time throughout the term of the Agreement. Both parties agree that new or changes to existing legislation, changes to infrastructure as well as unexpected cost changes may be cause for amendments to the agreement. Any requested changes will be reviewed and negotiated by both parties. If unable to reach an agreement to the requested change(s), both parties will follow the Dispute Resolution Process as outlined in this Agreement. Any such changes will not be effective until a written amendment reflecting the changes has been executed by both parties. Document Number: 2944263 Version: 14 12 Document Name: 2022_2026 AMA Working Agreement Page 23 of 42 9.0 Asset Management Technology As part of the Maintenance Agreement with the Local Municipality, the parties to this Agreement recognize the Asset Management data related to all maintenance activities performed by the Local Municipality under this Agreement is important to the Region as part of its Asset Management Program. As such, and in accordance with Ontario Regulation 588/17, or any successor By -Law, and all requirements therein, the parties agree to: a) participate in a Working Group, comprised of staff from each party to this Agreement and the Local Municipalities, to develop an individual City Project Plan that will define the scope and timelines for implementing the collection and data transfer of the maintenance data performed by the Local Municipality to the Region. All parties agree to work towards having the project plan defined by June 1, 2022; and; b) to undertake the work required to achieve the actions and goals defined in the Project Plans by January 1, 2024. The Region recognizes there may be additional costs for all parties associated with developing specialized programming, etc. in order to capture the data transfer from the Local Municipality. The City Project Plans developed by the Working Group will also include an agreed-upon cost-sharing strategy that would, if necessary, form the basis of any future amendments to the costs set forth in this Agreement. 10.0 Interpretation 10.1 References Any reference to an Act, regulation, by-law, manual or other such document in this Maintenance Agreement shall include any amendments and successor documents thereto. 10.2 Severability of Terms All of the terms of this Agreement are severable from each other and will survive the invalidity of any other term of this Agreement. 10.3 Definitions a) Agreement Administrator shall mean an employee of the Region appointed as such pursuant to paragraph 5.1(a); b) Asset Management data shall mean financial information defined to an Asset ID or category by labour, equipment, material, and contracted services. c) Local Municipalities means The Corporation of the City of Cambridge and The Corporation of the City of Waterloo; d) Regional Quality Standards shall mean those standards as identified in Schedule "A" e) Traffic Protection Plans has the meaning ascribed to it in Ontario Traffic Manual Book 7; Document Number: 2944263 Version: 14 13 Document Name: 2022_2026 AMA Working Agreement Page 24 of 42 f) Regional Roads shall mean the Regional roads as identified in Schedule "B"; g) Work has the meaning ascribed to it in Section 1.0; h) Governmental Laws and Regulations shall mean all laws, statutes, rules, regulations, orders, judgments, or orders having the effect of law of any federal, provincial, county, city or other political subdivision. 10.4 Entire Agreement This Agreement, together with the Schedules which form part of this Agreement, represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect thereto. In the case of any inconsistency or conflict between the specific provisions in the body of this Agreement, the Schedules attached hereto, and any Work Order, the following order of priority shall control: (1) any properly executed amendment of the Agreement (2)the main body of this Agreement; (3) the Schedules attached hereto; and (4) the applicable Work Order 10.5 Governing Law This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the Province of Ontario and federal laws applicable thereto. 10.6 Counterparts and Execution This Agreement may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall be one and the same instrument. Facsimile signatures and other electronic signatures shall also constitute originals. IN WITNESS WHEREOF or by proper signing authority the parties hereto have executed this Agreement. THE REGIONAL MUNICIPALITY OF WATERLOO Date Signed Thomas Schmidt, Commissioner of Transportation and Environmental Services Date Signed I have authority to bind the Corporation pursuant to By Law XXXX THE CORPORATION OF THE CITY OF Name and Title Date Signed Name and Title I/We have authority to bind the Corporation Document Number: 2944263 Version: 14 Document Name: 2022_2026 AMA Working Agreement 14 Page 25 of 42 Schedule "A" Quality Standards & Maintenance Activities On or around April 1St of each year as part of the Annual Inspection, it is expected that the Local Municipality will make proposals in an "Annual Maintenance Needs Report" to the Region, for work of a "Preventive Maintenance" nature. `Preventive Maintenance' is generally described as that which preserves the infrastructure and typically includes such things as minor drainage improvements, shouldering, rout and seal cracks, chip seals, and hot mix patching. The Region may engage the services of the Local Municipality to carry out some or all of this work, on a negotiated basis depending on the expertise required and availability of funding. 1.0 Routine Maintenance Activities Included The following activities in conjunction with Regional Quality Standards will be done on a year round routine basis: a) Hot / Cold mix patching: Shall include the minor repair of paved road and cycle lane surfaces (excluding curb, gutter, and concrete boulevard apron) in accordance with the requirements set in Ontario Regulation 239/02 or current. Patching is to provide a smooth safe riding surface, eliminate hazards to users, and protect the investment in the asphalt surface. Materials used may include pre -mixed hot asphalt, spray patch, cold mix, or any type of bituminous base roadway patching product. Materials are placed primarily with hand tools and roller but shall also include allowance for surface grinding asphalt and replacement using a machine spreader and removal of grindings. The Region agrees to maintain the annual Spot Resurfacing Program upon Regional council approval. During the annual road inspections, the Agreement Administrator shall complete a review of the asphalt conditions and, in conjunction with the Local Municipality representative, shall compile a list of hot mix repair locations to be included in the annual Spot Repair Program. Region's engineering staff will review the identified spot repair locations with the Agreement Administrator. It is understood that the Region will make every attempt to complete the requested repairs within budgetary guidelines. The Agreement Administrator shall also determine in conjunction with the city representative if there are any roads that are beyond reasonable maintenance condition. If a roadway is determined to be in such condition, the Agreement Administrator shall forward these concerns to the Region's Transportation Operations Manager for review. b) Shoulder Maintenance and Repair: Shall include the repair of gravel and asphalt shoulders in accordance with the requirements set in Ontario Regulation 239/02 or current. Shouldering is to provide a smooth surface for emergency stopping of vehicles, pedestrians, cyclists, and slow moving vehicles. Washouts, ruts, potholes, and drop offs shall be repaired with appropriate material and reinstated to the proper crossfall. Shall also include the routine grading windrow reclamation, and placement of additional granular material to maintain proper crossfall, laterally support the asphalt structure, control dusty conditions, and maintain drainage from the roadway to ditch line. Excessively dusty conditions shall be corrected by the application of approved liquid or flake dust control products at a rate suitable for the conditions and type of material used. Dust control agents shall be applied where: i. Dusty conditions cause a nuisance or present a health hazard to property owners. Document Number: 2944263 Version: 14 15 Document Name: 2022_2026 AMA Working Agreement Page 26 of 42 ii. Where dusty conditions present a hazard to traffic. iii. In front of commercial establishments, i.e., truck stops, implement dealers, etc. iv. At entrances to settlement areas. Tables of correct shoulder crossfall Of SXpU\IKR WRC9 I i LEVEL LIN ~� CROSSFALL Cm ;: •.. 4 (SEE TABLE) TABLE OF SHOULDER CROSSFALL SHOULDER WIDTH ALLOWABLE TOTAL LL bX STRAtGAHT ROAD MAX 1.2 m 5cm 8cm orn 1.8m 8Cm 11cm IISCM 2.4m 1Ocm 15 CM 20cm 3m 13 cm 18cm 25cm t.EVEL I a. ° i15EE TA BLEI SHOULDER WIDTH Correct crossfall at driveway entrances SHOULDERIS . .. navE MENT RCjLtXCllryt� r w t I i SkA% 'CABLE OF SHOULDER CROSSFALL CUT SHOUL. DER IS ROUNDING wAVEnn EN7 � EXIST�NG ENTRANCE i IPE) I ice- ,�. •..a.�.r- .......,........... . .......� I d(� a4 I� FILL EXIST¢NG ENTRANCE c) Storm Sewer Maintenance: Shall include the inspection, resetting or replacement of maintenance structures, ditch inlets, catch basins, and underlying precast sections (moduloc) due to breakage or settlement. Shall also include the reinstatement of effected asphalt and concrete surfaces. In General, repairs included under this activity are from the top of the frame and cover to the top of the precast section. This item shall also include general debris or snow/ice removal from the surface (inlet) of catchbasins to ensure proper Document Number: 2944263 Version: 14 Document Name: 2022_2026 AMA Working Agreement Page 27 of 42 -ALL WASLE OX SHOULDER° pnpCURv&SULDER WIDTH MIN, f..-5 MAY,. .�...............�.�....... 1.2m Sem 4cm 5cm 1.8m 3¢m 15am 8cm 2.4In _.. 5cm 18cmIO i cm — - 3m Bcm IO Cm 13cm CUT SHOUL. DER IS ROUNDING wAVEnn EN7 � EXIST�NG ENTRANCE i IPE) I ice- ,�. •..a.�.r- .......,........... . .......� I d(� a4 I� FILL EXIST¢NG ENTRANCE c) Storm Sewer Maintenance: Shall include the inspection, resetting or replacement of maintenance structures, ditch inlets, catch basins, and underlying precast sections (moduloc) due to breakage or settlement. Shall also include the reinstatement of effected asphalt and concrete surfaces. In General, repairs included under this activity are from the top of the frame and cover to the top of the precast section. This item shall also include general debris or snow/ice removal from the surface (inlet) of catchbasins to ensure proper Document Number: 2944263 Version: 14 Document Name: 2022_2026 AMA Working Agreement Page 27 of 42 surface drainage. Any areas of road or open ditch ponding shall be reported to the Agreement Administrator for follow up. If a maintenance structure is owned by a non municipal agency the Local Municipality shall make arrangements with the utility to have them complete the appropriate repairs. All repairs or alterations shall be in accordance with the Road Construction Standards set out in the Manual entitled Regional Municipality of Waterloo's Supplementary General Conditions, Standard Specifications and Standard Drawings. Manual will be supplied as updated by the Region of Waterloo Design & Construction group. The major objectives Storm Sewer Maintenance: i. To provide access to the sewer systems to facilitate servicing, cleaning, measuring flows and testing effluents ii. To prevent unnecessary damage to vehicles, cyclists, public or private property iii. To protect the public investment in the sewer system d) Emergency Response: Shall include the 24/7 immediate response to any hazardous situation for motorists or pedestrians that the Local Municipality is made aware of within the right of way. The Local Municipalities initial response shall be to make the scene safe by either removing the hazard or supplying and placing temporary signage, barricades, and/or delineators. If the Local Municipality erects temporary traffic control for items that fall outside their maintenance responsibility for longer than 30 business days the Local Municipality shall notify the Region so control of the area may be passed over to the Region. Hazard types that the Local Municipality will respond to are as follows: i. Pickup and disposal of dead animals ii. Cleanup of materials at accident scenes iii. Spills cleanup (granulars, glass, hydrocarbons, etc.) iv. Potholes v. Shoulder washouts vi. Trees, noise walls, retaining walls, fences, and safety devices. (Make the scene safe and advise Region for repair) vii. Road closure requests from Waterloo Regional Police For the purposes of capital works that are undertaken by the Region on Regional roads being maintained by the Local Municipality, the Region shall be responsible for all signage, barricades and detours that are associated with that work. Note: all work associated with accident damage by a known third party shall be billed to the third party by the Local Municipality and is therefore not included in the cost billed to the Region. Every attempt shall be made to contact the responsible party to recover damage costs. If the third party is not identified then the Local Municipality may charge back applicable costs. e) Snow Disposal Operations: Shall include the year round operation and site management of a snow disposal location for the purposes of Regional road snow storage. The Local Municipality shall prepare and cleanup the site(s) in the spring/fall, perform ongoing operation during the winter season, and manage water quality testing and monitoring as required in operation and maintenance manuals. Sites may be used for snow storage other than Regional snow however the costs shall be shared between the Region and Local Municipality. At the end of each winter season, the Local Municipality will inform the Region of the volume of Regional snow as a percentage of the overall snow stored at the site for Document Number: 2944263 Version: 14 Document Name: 2022_2026 AMA Working Agreement 17 Page 28 of 42 the previous winter season. The percentage ratio will be used for the following 12 month cost sharing billing cycle. f) Machine Street Sweeping: Shall include the routine mechanical and manual sweeping of roadways with: inside curb, outside curb, roadside storm water catchment systems (catch basins), paved shoulders, and bike lanes. All decanting and disposal of debris from sweepings shall be included. The major objectives for Machine Street Sweeping are: i. To prevent road dirt and dust from accumulating. ii. To prevent loose objects being thrown up by traffic. iii. To remove hazards. iv. To prevent clogging of storm sewers. v. To reduce health hazards caused by pollutants and chemical wastes. vi. To enhance the appearance of the community. Spring cleanup for the purposes of removing built up winter materials shall commence as soon as the long term weather predictions indicate no further winter events. During the period of April 111 through October 311t, sweeping will be completed at minimum once (1) every three (3) weeks. Sweeping outside the above noted time frame or spring clean up will be done so upon approval from the Region and will be charged at an agreed upon time and material rate. g) Debris Pickup: Shall include the spring litter pickup as well as the year round manual removal of trash, debris, dead animals, and illegal dumping from the traveled portion of the road, cycle lane, or boulevard as required other than by mechanical street sweeping and shall include disposal of the debris. Debris causing a hazard to vehicles, cyclists or pedestrians shall be removed and disposed in accordance with the requirements set in Ontario Regulation 239/02 or current. Debris hindering grass mowing or drainage system flows shall be removed and disposed as soon as practicable. Debris shall not be allowed to accumulate on any road in order to discourage dumping h) Spring Roadside Winter Damage Repair: Shall include the repair of all sod, turf, and hardscaping (Curbs) damaged as a result of winter maintenance activities i) Routine Road Patrol: Shall include the weather monitoring and the drive-by observation of Regional roads and cycle lanes at the frequency set by Ontario Regulation 239/02 or current. The Region shall provide access to a metrological forecasting service to the Local Municipality. All observations and records of patrols and weather monitoring shall be electronically recorded. Response to identified maintenance deficiencies will be as required under Ontario Regulation 239/02 or current. Any hazard or maintenance items not covered under Scope Section 1.0 a) of this agreement shall be reported to the Region as soon as practicable. 2.0 Winter Maintenance Activities Included The level -of -service for Winter Maintenance shall be in accordance with the requirements set in Ontario Regulation 239/02 or current: The major objectives for Winter Maintenance are: To reduce the hazards of icy/snow covered roads and cycle lanes. Document Number: 2944263 Version: 14 18 Document Name: 2022_2026 AMA Working Agreement Page 29 of 42 ii. To comply with legislation applicable with winter maintenance. iii. To reduce economic losses to the community and industry caused delays to the community during icy/snow covered road conditions. iv. To facilitate the movement of emergency vehicles during the winter weather conditions. v. To reduce the impacts to the environment and the drinking water supply through the proper storage, use and disposal of road salt and associated deicing/anti-icing chemicals. vi. To maintain safe, passable transit and school bus routes. vii. To maintain safe, passable routes for buggies and cyclists. a) Winter Snow and Ice Control: Shall include the purchase, storage, mixing and loading of: abrasives, de-icing chemicals (salt), and liquids. Snow plowing and the spreading of abrasives and de-icing/anti-icing chemicals, for the purpose of snow and ice control on roadways and cycle lanes, to meet requirements set out in Ontario Regulation 239/02 or current. Salt/Sand storage boxes shall be placed, stocked, and removed yearly at locations deemed necessary by the Local Municipality to control localized areas of concern. Plowing, sanding/salting, and anti -Icing routes shall be established and reviewed and/or revised annually to provide for the most efficient use of staff and equipment. b) Snow Loading and Hauling: Shall include the mechanical snow removal from Regional roadways with: limited snow storage, blocked drainage, curb face sidewalks, on street parking, downtown core areas, bridge abutments, LRT adjacent track, and cycle lanes. Snow loading shall commence when sightline restrictions or snow storage capacities have reached levels that impede the Local Municipality from meeting Ontario Regulation 239/02 or current requirements. Haulage to snow disposal sites is also included. Any snow lifting along Regional roads with adjacent LRT shall be tracked and billed separately from other snow loading and hauling. c) Snow Fence Remove / Install: Shall include the supply, install, removal, and storage of temporary snow fence at locations deemed necessary by the Local Municipality to minimize the effects of drifting snow. The determination will take into effect location, accident/collision history, topography, roadside vegetation, depth of ditches, heights of platform and snow storage capabilities. Efforts shall be made to contact property owners prior to entering private property to erect snow fence. The Municipal Act 2001, c.25, s.60 provides that a Municipality may, at any reasonable time, enter upon any land within the municipality or within the adjoining municipality and lying along any highway under its jurisdiction, for the purpose of erecting and maintaining a snow fence. d) Winter Representative Patrol: Shall include the weather monitoring and patrolling a representative set of roads at intervals defined in Ontario Regulation 239/02 or current to determine if a response is required to an imminent or occurring winter condition(s). All observations and records of patrols and weather monitoring shall be electronically recorded. 3.0 Maintenance Activities by Work Order The following activities conjunction with Regional Quality Standards will be done on a Work Order basis after consultation with Agreement Administrator: Document Number: 2944263 Version: 14 19 Document Name: 2022_2026 AMA Working Agreement Page 30 of 42 a) Concrete Curb and Gutter Maintenance: shall include all repairs shall be the responsibility of the Region through their yearly program. Cities will identify locations to the Region for repair. b) Road Base Repair: shall include the repair of road base failures due to frost heaves with granular material and reinstatement of the work area c) Accident Damage by Parties Unknown: shall include the repair of damaged Regional property such as guiderails, bridge components, retaining walls and/or fences if agreed to by the Region. Any costs associated with emergency work caused by unknown third parties, such as spills response/cleanup, tree work, sod damage, minor pavement repair shall be charged back to the Region on a time and material basis. d) Storm Sewer Construction and Maintenance: shall include the pipe inspection, (excluding CCTV), cleaning and disposal, installation and repair of storm sewers and all associated components. Repairs to the maintenance structures and/or catchbasins under this section are from the top of the precast section down inside the sewers. Shall also include emergency cleaning of storm sewers as requested by the Agreement Administrator. Note: Region of Waterloo staff shall arrange for and complete a regular storm cleaning program. However, Local Municipalities may be contacted to complete additional cleaning as required which shall be paid under the Work Order process. e) Guide Post/Cable/Steel Beam Construction and Repairs: includes the removal and disposal of damaged systems and replacement of new rail, wire, post, and attenuators. Note: Any major repairs/replacements of guide rail/cable sections required as the result of age or accident damage shall be communicated to the Agreement Administrator as soon as made aware for action by the Region. f) Bridge Railing Repair: includes the removal and disposal of damaged railings and/or posts and the repair or installation of a new railing/posts to match existing. g) Damage resulting from extreme weather related causes: e.g. flooding, tornadoes, lightening, wind or ice storms, which results in additional emergency maintenance response by the Local Municipality shall be charged back to the Region on a time and material basis unless such damage is of a nature which is deemed to be that which is normally associated with -routine maintenance of roadways. Document Number: 2944263 Version: 14 20 Document Name: 2022_2026 AMA Working Agreement Page 31 of 42 Schedule B Description of Work CITY OF CAMBRIDGE RR# RR Name From To cl Distance (m) Total lane (m) Bike Lane Length (m) 8 Coronation Blvd Concession Rd Hespeler Rd 2,444.13 11,842.97 0.00 8 Dundas St N Hespeler Rd Main St 2,803.09 9,993.96 0.00 8 Dundas St S Main St Branchton Rd 1,944.15 8,550.25 0.00 8 Fountain St S Shantz Hill Rd King St W 433.88 1,302.48 0.00 8 King St E Rogers Rd Concession Rd 2,452.69 6,560.20 0.00 8 King St W Fountain St N Rogers Rd 305.57 1,014.92 0.00 8 Shantz Hill Rd Preston Parkway Fountain St S 528.61 1,827.27 0.00 17 Fountain St N King St W Signals @ ATS (#730) 992.43 2,037.10 0.00 24 Ainslie St N Water St N Main St 900.66 2,463.70 0.00 24 Ainslie St S Main St Water St S 1,006.84 2,757.27 346.74 24 Groh Rd WB 401 Ramp Groh Ave 352.60 352.60 0.00 24 Hes eler Rd Coronation Blvd Pinebush Rd 3,934.45 26,480.74 0.00 24 Hes eler Rd Pinebush Rd Queen St 1,673.94 8,103.31 0.00 24 Water St N Coronation Blvd Main St 1,648.16 6,218.27 0.00 24 Water St S Main St 170m South of Myers Rd 2,411.11 5,042.52 1,340.01 27 Clyde Rd Franklin Blvd Dobbie Dr 841.36 1,682.72 0.00 27 Main St Water St N Melville St N 110.54 221.09 0.00 27 North Sq George St N Grand Ave S 91.86 183.72 0.00 27 Queen's Sq Grand Ave S Melville St N 145.83 343.86 0.00 27 South Scl George St N Grand Ave S 91.55 183.09 0.00 28 Fountain St S Shantz Hill Rd Preston Parkway 852.28 1,808.43 0.00 28 Fountain St S Preston Parkway Dickie Settlement Rd 2,262.43 4,565.41 1,473.12 33 Townline Rd Avenue Rd Well Cnty Rd 34 6,257.52 20,137.62 4,383.93 36 Franklin Blvd Carpenter Rd Hwy 401 10,070.43 38,790.23 0.00 39 Eagle St N King St E Hespeler Rd 3,145.39 8,022.51 0.00 39 Pinebush Rd Townline Rd Hespeler Rd 4,049.57 16,170.54 1,917.02 41 Bishop St N Franklin Blvd King St E 3,607.79 7,846.54 3,434.83 42 Blair Rd Fountain St S George St N 4,147.72 8,417.93 0.00 42 George St N Blair Rd Salisbury Ave 3,140.65 6,385.11 184.94 42 George St S Salisbury Ave St Andrews St 179.21 448.45 0.00 43 Myers Rd Water St S Branchton Rd 3,342.69 6,807.71 2,649.89 75 St Andrews St Grand Ave S Grand Ridge Dr 2,276.43 4,648.19 0.00 76 Grand Ave S St Andrews St Cedar St 352.83 705.65 0.00 77 Park Hill Rd E Water St N Ainslie St N 109.50 437.99 0.00 77 Park Hill Rd W Water St N George St N 273.80 1,187.24 225.04 Document Number: 2944263 Version: 14 Document Name: 2022_2026 AMA Working Agreement 21 Page 32 of 42 80 Can-Amera Parkway Hespeler Rd Townline Rd 4,949.77 19,121.92 4,016.55 97 Cedar St Water St S Grand Ridge Dr 2,165.26 5,552.81 126.81 97 Concession St Water St S Lowrey Ave S 1,277.58 3,740.67 195.74 97 Main St Lowrey Ave S Franklin Blvd 1,111.87 3,697.57 0.00 Grand Total 2,245.73 0.00 78,686.14 255,654.56 20,294.61 Schedule B Description of Work CITY OF KITCHENER RR# RR Name From To Cl Distance (m) Total lane (m) Bike Lane Length (m) 4 Ottawa St N King St E Keewatin Ave 4,344.03 16,902.86 428.79 4 Ottawa St S Trussler Rd King St E 7,879.95 28,096.38 1,635.85 6 Benton St Courtland Ave E King St E 528.30 2,245.73 0.00 6 Frederick St King St E Bruce St 2,021.76 6,338.69 589.91 6 Highland Rd W Trussler Rd Queens Blvd 5,614.78 18,241.85 1,491.58 6 Queen St S Highland Rd W Courtland Ave E 714.68 2,228.27 0.00 8 King St E Weber St E Riverbank Dr 2,610.93 8,240.05 0.00 8 Weber St E King St Queen St 4,924.95 21,389.75 0.00 8 Weber St W Queen St Kit/Wtrloo Boundry 1,716.66 7,331.42 0.00 9 Bridgeport Rd Kit/Wtrloo Boundry Lancaster St W 624.54 2,498.16 0.00 12 Conestoga College Blvd New Dundee Rd Homer Watson Blvd 706.85 3,101.69 0.00 15 King St E Ottawa St S Montgomery 1,174.91 4,092.34 0.00 15 King St S Kit/Wtrloo Boundry Union 59.12 182.40 0.00 15 King St W Union Victoria 1,634.90 4,390.67 528.76 20 Bloomingdale Rd N Daniel Ave Bridge St E 1,220.55 2,524.43 1,003.19 28 Fountain St S Highway 401 Dickie Settlement Rd 602.56 2,753.41 440.93 28 Homer Watson Blvd Ottawa St S Highway 401 9,567.71 43,333.54 884.13 28 Huron Rd Huron Rd Homer Watson Blvd 1,111.31 1,433.55 0.00 29 Lancaster St W Bridge St Victoria St N 2,675.39 7,519.87 0.00 50 Westmount Rd E Fischer -Hallman Rd Queens Blvd 3,239.19 12,736.01 0.00 50 Westmount Rd W Queens Blvd Kit/Wtrloo Boundry 2,913.15 12,725.35 0.00 52 Bridge St E Kit/Wtrloo Boundry Lancaster St W 2,330.28 6,232.42 1,563.62 52 Bridge St W Lancaster St W Kit/Wtrloo Boundry 486.24 972.48 0.00 53 Courtland Ave E Manitou Dr Queen St S 4,526.07 16,219.56 591.95 53 Fairway Rd N King St E Zeller Dr 3,410.83 10,557.48 1,880.65 53 Fairway Rd S Manitou Dr King St E 2,213.09 11,850.75 0.00 54 Lackner Blvd Fairway Rd N Victoria St N 4,110.07 10,108.85 3,455.66 Document Number: 2944263 Version: 14 22 Document Name: 2022_2026 AMA Working Agreement Page 33 of 42 55 Victoria St N Kit/Wtrloo Boundry King St W 6,159.02 29,141.17 0.00 55 Victoria St S King St W Ira Needles Blvd 5,294.22 17,143.49 2,636.91 56 Bleams Rd Manitou Dr Strasburg Rd 2,305.24 8,988.63 0.00 56 Bleams Rd Strasburg Rd Trussler Rd 4,994.47 10,133.82 0.00 56 River Rd E King St E Fairway Rd N 1,350.83 5,403.33 0.00 58 Fischer -Hallman Rd Ottawa St S University Ave W 4,248.89 20,153.18 4,145.10 58 Fischer -Hallman Rd Ottawa St S Huron Rd 4,581.65 14,550.64 2,851.69 61 Bruce St Victoria St N Frederick St 317.79 1,271.15 0.00 62 Edna St Victoria St N Frederick St 347.66 1,367.92 0.00 63 Duke St E Queen St N Frederick St 125.53 251.06 0.00 63 Duke St W Queen St N Francis St N 614.97 1,556.15 0.00 64 Charles St E Ottawa St S Queen St 1,682.25 5,125.52 0.00 64 Charles St W Queen St Victoria St S 780.53 2,341.59 0.00 66 Borden Ave S Charles St E Grenville Ave 841.44 1,936.78 0.00 67 Hayward Ave Courtland Ave E Hanson Ave 214.11 428.23 0.00 68 Francis St N Duke St W King St W 144.44 433.32 0.00 69 Manitou Dr Fairway Rd S Homer Watson Blvd 2,399.76 10,256.12 1,983.29 70 Ira Needles Blvd Highway 7/8 Kit/Wtrloo Boundry 3,847.87 14,675.45 3,134.93 70 Trussler Rd Highway 7/8 New Dundee Rd 7,157.50 14,564.50 6,289.42 Grand Total Document Number: 2944263 Version: 14 Document Name: 2022_2026 AMA Working Agreement 120,370.95 1 423,970.01 1 35,536.35 23 Page 34 of 42 Document Number: 2944263 Version: 14 Document Name: 2022_2026 AMA Working Agreement Page 35 of 42 Schedule B Description of Work CITY OF WATERLOO RR# RR Name From To Cl Distance (m) Total lane (m) Bike Lane Length (m) 8 Weber St S Weber St W Erb St E 988.41 3,953.66 0.00 8 Weber St N Erb St E Benjamin Rd 5,763.69 24,229.42 902.38 9 Bridgeport Rd E King St N Kit/Wtdoo Boundry 2,704.22 8,765.10 404.72 9 Bridgeport Rd W Caroline St N King St N 174.58 523.73 0.00 9 Caroline St N Bridgeport Rd W Erb St W 358.20 1,432.80 0.00 9 Caroline St S Erb St W Allen St W 697.28 1,534.49 0.00 9 Erb St E King St N Bridgeport Rd E 2,336.01 7,008.03 339.10 9 Erb St W Erbsville Rd/Ira Needles Blvd King St N 4,645.27 18,776.94 1,650.43 15 King St N Wtrloo/Woolwich Boundry Erb St E 5,334.97 23,081.05 0.00 15 King St S Erb St E Union St E 1,002.34 3,222.73 325.31 16 Erbsville Rd Kressler Rd Erb St W 5,426.70 12,619.55 4,994.65 22 Northfield Dr E King St N Wtrloo/Woolwich Boundry 2,503.67 7,735.45 121.88 37 Allen St W Caroline St S King St S 109.081 218.16 0.00 50 Northfield Dr W Westmount Rd N King St N 3,020.30 13,968.85 3,106.88 50 Westmount Rd N Northfield Dr W Erb St W 4,812.14 22,184.50 6,145.77 50 Westmount Rd S Erb St W Westmount Rd W 1,055.57 4,222.26 0.00 52 Bridge St W Northfield Dr E Kit/Wtdoo Boundry 4,169.46 10,376.54 2,824.35 57 University Ave E Bridge St W King St N 2,912.80 12,511.84 0.00 57 University Ave W King St N Ira Needles Blvd 6,027.61 20,014.72 5,273.17 58 Bearinger Rd Westmount Rd N Fischer -Hallman Rd N 1,183.78 2,511.22 0.00 58 Fischer -Hallman Rd I Bearin er Rd Erb St W 2,942.14 10,898.34 1,683.18 58 Fischer -Hallman Rd 1 Erb St W Unkiersity Ave W 1,166.64 4,887.34 1,041.34 70 Ilra Needles Blvd University Ave W Erb St W 1,653.48 6,304.89 2,196.28 Grand Total 60,988.33 220,981.60 31,009.45 Document Number: 2944263 Version: 14 Document Name: 2022_2026 AMA Working Agreement Page 35 of 42 Schedule C Detail Road Section The information listed below will be provided for all road segments the Local Municipality maintains under this agreement. The segmentation will be broken down from intersection to intersection and where there is divided road. The information will be shared through an existing geographical information system interface on a monthly basis. Document Number: 2944263 Version: 14 25 Document Name: 2022_2026 AMA Working Agreement Page 36 of 42 Round RoadStreet MTO_ Numher Flow Surface Left Left Right Right Speed about Public Life Right Carta Right Left Right Left Managed AADT AADT RMWID G -ID Number Name Cl— Connector of Lanes Length Direction Width From To From To Maintenance Zone V/N? Access Status Parity Left —iti —it Class Municipality Municipality Settlement Settlement Owned By By Volume Dat.— ehood h. d Frederick Connector Public Region of RO2991 6J54 6 S[ 3 :Avenue 4 113 Two -Way 150 159 129 111 4 50 No roadway Active Odd Even Arterial lCtchener Kl[chener Kl[chener Kitchener Waterloo Kitchener 11512 1/1/2014 Document Number: 2944263 Version: 14 25 Document Name: 2022_2026 AMA Working Agreement Page 36 of 42 Staff Report Financia! Services Department REPORT TO: Committee of the Whole DATE OF MEETING: 2021-10-18 l KtgR www. kitchener ca SUBMITTED BY: Ryan Scott, Manager, Procurement, 519-741-2200 ext. 7214 PREPARED BY: Ryan Scott, Manager, Procurement, 519-741-2200 ext. 7214 WARD(S) INVOLVED: N/A DATE OF REPORT: 2021-09-30 REPORT NO.: FIN -2021-48 SUBJECT: Summary of Bid Solicitations Approved by the Manager of Procurement (July 1, 2021 — September 30, 2021) RECOMMENDATION: For Information REPORT HIGHLIGHTS: • The purpose of this report is to provide a quarterly update on Procurements that have been approved through delegated authority in accordance with the Purchasing By-law 2017-106 • There were fourteen (14) approved bid solicitations in this quarter. • This report supports the delivery of core services. BACKGROUND: In accordance with the Purchasing By-law 2017-106 (Chapter 170 Municipal Code), section 170.7.4 "the City's Director of Supply Services shall prepare a quarterly information only report to Council on Solicitations awarded where the Procurement Value is between $100,000 and $750,000 and the Director of Supply Services approved the award." All recommendations awarded by the Director of Supply Services were within approved budgets, capital projects were specifically identified within the Council approved budget, there aren't other orders of government or granting agencies which require Council approval, and more than one bid was received in response to the bid solicitation. REPORT: Appendix 1 is a listing of the fourteen (14) approved bid solicitations for Council's information. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 37 of 42 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: All recommendations awarded by the Manager, Procurement, were within approved budgets. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department ATTACHMENTS: Attachment 1 — Listing of Approved Bid Solicitations (July 1, 2021 — September 30, 2021) Page 38 of 42 T N O N O M i a) E a) Q CO T- N N O N T 3 N O ci O cn W O ^O .CL i.! Q O Y _y J T- CD CD E t V Gi " .-. C I -- O O O (Ak 't CD 3 O 00 M E O M m Q; (o LO N � 3 6c> (f> 3 K Q W �+ U a) E 6 OO U) a) cn O O O O Q _0 ++ O > a) c6 fn LL :3 T �> 7 O O m LL > C O a) �• Z Q ca cu W UEb m 0) Z (nO Z C QO O O U 0 O L U) p (n (n c 0 LO O Q> N a3 U E U U U U O O O p a) 0 .o Z (� p p .o Z p p D 0 T- Z:0 �z20 QUH ��O �Y�QH L 076 4) C 4 �. E a) p cp O O _ c L_ U C E p O a) Q N C L : c p (0 C >' O a) i C:U C O O N O U Z O L L a)0 cz m O "p Qco > +� c6 O � �I�{1 c U LAR •O L C /0 E "MT11 ^' N ^�` c ^` `' —_ LL •L O _ 0- -0 '> U QO U� '^,�III�I ' " " 4J � L U� Vy (� � (6 C W .� L 0 cn 3 �+ c6 a) W m U a) a U (n O U L .O �_� a) �_ cu cu c 42 a) _• L m ~ 0 i\ U c U Q (n M N �4O tB 0 >, M 4 U E O S 0 O Q N >� u f>> Q C Q O >, "J 00 0 cn O p U) O > O O Q> > Q) cn E U —_ U c U p E 2) (1) Oa) O U L p W � E m�"J (D Q (n 0 LM� a) E a� � N -r—L co =sa) .QL =3 HLL H OH.�� a) HEF}�� LL�� H N O E a) E O m -0 .� — Z O Q O L O m N O 4.0 Z 06 z 0 > W >% (n 0 L CO � E N E �p m c co En O C U N m co cn > a) L �_ p i U U @LL L N to N m a) N M L -r C1000�:Lu m X 0- cDQ a_Ucn N 4- 0 rn cr) t� 00 O O O O Qc) O 07 O O Om 00 O 00 r O LO Li) f - O cl r- N M f` CO 't O LO N C`7 C4 N LO 604 6c> H? 64 K} O O O O O O O O O O O O LO O O O 00 N O M 0 C14 CSO 000 N Qc) 64 60, H? {f} K-} Z Z -0Z °�'O �QZ n3Ja) oc E_m UEa) �� O �J'� iJ� *p OL 4- cp U 'i Iq O i 0 cn O �0 0C) M(nQEvE 04 �� ��a) (aE 0< UW a_LU CN000UED C) C) (B a) L a) 4--> �— OOBOM Q � CN O } N Ep a) p (6 (B M U) OO —� C6 ~ ~ OU E � uj - a) -0 a W � L � Q E L in pn L Q a) L Qm ��W♦ _a) _ U�E> • W (n ^^`` •O�— > ^+ ^` a�- W+ CU W :3 L L -Oi' —L �a) � U > -0 U Lm CL � m E _0 � � >. � E >> ((n O_ — L a) U O � O a) a) cn a) a) Q Q m E Q a) N m E E5mcp�v.�cnc L a) U U >l M W Ems— j m Ea-rwmE 0= 0 Q- L C_ a- -r- � w=m (n5E O (pN0 O +' oc )0 �_� (nU� E(n a) W 70 a) � � U a) Q 0 a) a) 0 a) � Q - o y 0 a) _ (n _ U �_ N O_ U p p E p a) L L L p tea/) LL rti LL LL LL > y-- y(n. (! a) O (� C c > a) a) LL -0 O a) ca O a) a) E _r cn >70 O lu r � L m 'p E Q U (6 > m L� U O a) m (n OO U > a) En m 00 CY) a) U In c 0 a) �- (9 � m U) U 07 ti O to L C) OE to .� a) 1 (n (6 M U L m N 1 C Q 0 U) m r L Y m L 1 U E (a (B 1 —� N C1�UU�w X N a) d a) N a) a) N 0 O N m 0�cn0� 0m0H N 4- 0 O a) O (a 0- N 4- 0 a) ca W N N O Ef} r 00 6 � O 00 M r � r � co H} H? E O O O o E O O 0) OU O o N O cu M U) V) Lo U) LL Z) K} H? LL :3 O O L M 'L z �p p O C O L (n 70 E V) L (0 .0 C H C J N c _0 U) 0 O � (6 a) -0 '� a) > >J a) >, O .E QUJco -0 co —*'i fnWfn +U �YY U) O O O 'U) .� ?' U ; Q C: 4-- L O C: 4-- a) OU U O O p (6 O cn ca O C) j a) O O OL 'a T Q Q O L �jLL •�! (D L �^^�`` L _�jLL •�! ^L •� L ^�`` a) > Q a) W co >' cv W Q a) to a) C O O a) � cn U c c6 u Q En L U) C O co a) L L a) L vOi tOn a) to a L 0 +� p V p C C O Ca U a) E C C U) C CQ U) C L O C C+� �, i Q a) _O— C 00 U O — a) cn cn cB C a) N C_ p U �= �+ r U 7 C a) a) C U C� (n + N "' uj U Q �� Q Q V M 0 L cD L� E~ O m -5 a) cv `�' � •5a)o=�. cin°E +,oa) a)W.E,� of N Y 00J U) a)W C) L 70 M aa) -C U) a) o O v N .L fn o mo o a) O o O a) a) p L CO o a) O C a) C — 0 a) 'p C a) (D a) a) L L C> L O M L L m L L C N H NH O.� H 4 LL r2 H� a)H <n� H co M -C �? C: C caCC E E Q� U U'� >. O� p(o a) a) mp L C C a) ���H ~ U >,_ w ( L (6 C Q LL- L ''C^� VJ o f Q H E T> r o; o o �'Y� L Mo o EL r V r U J r C> r fn U) r Q =(D� � i C L co m ���L2J HQ U2 N 4- 0 a) ca W N 4- 0 N a) O7 (a 0- 00 O O O I,-- LO M 'l- LO M 00 60- gE6 E6 O O O � =5 O O O O U O U Co O :3 LL U :3 60- 0 'L Z Z Q O LlO QE Cf) C: N C6 J C (� Qa) N p U O O m �U U 00 m �� O L (a0 �+ �+ O O L 2 2: LL O O0) O 4) m N O� mN O� \?\ U) N O ^a) -Fu Mry m EOU W m U) M O L (D O U 0-0 U cu O a) Q U E N },ID W . LLD_2 07 H a) .� M .7, L co a) a) CD M 0E ."LO cn � _70 ClL N Q c (n L) m cn m rn m N 4- 0 N a) O7 (a 0-