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HomeMy WebLinkAboutINS-2025-433 - Research Agreement with University of WaterlooStaff Report Infrastructure Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: November 10, 2025 SUBMITTED BY: Greg St. Louis, Director, Gas & Water Utilities, 519-783-8792 PREPARED BY: Khaled Abu-Eseifan, Manager, Gas Supply and Engineering, 519-783- 7953 WARD(S) INVOLVED: Ward(s) DATE OF REPORT: October 9, 2025 REPORT NO.: INS -2025-433 SUBJECT: Research Agreement with University of Waterloo RECOMMENDATION: That the Sponsored Research Agreement between University of Waterloo and City of Kitchener as proposed in report INS -2025-433 Attachment A be approved; and, That the General Manager Infrastructure Services be authorized to execute said agreement, to the satisfaction of the City Solicitor. REPORT HIGHLIGHTS: • The purpose of this report is to provide recommendation to approve a research agreement between University of Waterloo and City of Kitchener to create a digital twin model and study the condition of gas infrastructure. • The key finding of this report is that the research agreement with University of Waterloo would support Kitchener Utilities in understanding gas infrastructure requirements under different demand scenarios. It will also support condition assessment efforts to address gas aging infrastructure issues. • The financial implications are the total of two hundred thousand dollars ($200,000. CDN) in direct contributions over the period of four years plus a further three hundred thousand ($300,000 CDN) of in-kind support. • This report supports the delivery of core services. BACKGROUND: Over the last couple of years, Kitchener Utilities (KU) started investigating methodologies to assess gas infrastructure condition. Some of KU gas pipelines are reaching their design life and KU has limited tools to understand the conditions of these pipelines and plan for future replacement requirements. KU is also developing energy transition strategy which would impact customer growth and demands. This amplified the need for modeling tools to understand the impact of different future scenarios on the gas pressures and flows within the pipelines and the implications on the future of the distribution system. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 39 of 58 KU has been discussing with the University of Waterloo Engineering and Math faculties about various areas of interest. They both agreed to sign a research agreement to fund and conduct research on some of these topics. This research agreement is first of its kind between the City and the University. Council approval through delegated authority is required to approve the agreement. REPORT: The Sponsored Research Agreement between University of Waterloo and City of Kitchener can be seen in Attachment A. The agreement defines deliverables in three research pillars: Research Pillar 1: Gas pipe network digital twin This research pillar is aimed at developing core simulation software capabilities to 1. build a digital twin of the city's pipe network, 2. simulate changes to the network under different growth scenarios, and 3. provide optimal sensor placement to develop predictive models. Research Pillar 2. Growth modelling and optimization This research pillar aims to model future gas demand under different scenarios of residential, commercial, and industrial development, and potential gas -electrical grid energy integration. Research Pillar 3. Maintenance assessment modelling This research pillar aims to investigate two critical areas: 1. investigate how to model corrosion in metal pipes and degradation in plastic pipes. The outcomes of these studies will inform future modelling activities to improve the simulation software in Pillar 1. and, 2. evaluate current data from sensors and other modalities for their predictive capacity and evaluate the potential of new and existing sensors for improving predictive capabilities. The research will be conducted by a minimum of three graduate or post doctoral students. The city will directly fund the project by two hundred thousand ($200,000 CDN) over four years period with additional three hundred thousand ($300,000 CDN) of in-kind contribution. The in-kind contributions represent staff time dedicated to the project over the period of four years. The University will match these funds through other government grants. The agreement in attachment A has been reviewed by the City's internal legal services. A delegated authority to the General Manager Infrastructure Services is required to approve the agreement. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The agreement impact natural gas capital budget by $50,000 annually for 4 years. The total impact is $200,000. Operating Budget — The agreement has no impact on the Operating Budget. The in-kind contributions representing staff time will be managed through efficiency and re -assignment of tasks. Page 40 of 58 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: Denise McGoldrick, General Manager Infrastructure Services ATTACHMENTS: Attachment A — Sponsored Research Agreement SRA#105892 Page 41 of 58 SPONSORED RESEARCH AGREEMENT SRA#105892 Optimized infrastructure planning through simulation and Al driven gas pipe -network digital twin growth scenario prediction research program Between University of Waterloo Office of Research Research Partnerships 200 University Avenue West Waterloo, Ontario N2L 3G1 (hereinafter referred to as the "University") and City of Kitchener 200 King Street West, Kitchener, Ontario N2G 4G7 (hereinafter referred to as the "Client") WHEREAS the University and the Client wish to enter into this agreement to define the performance of the research as set forth in Schedule "A" and the terms and conditions for the Client's participation in the research as set forth in Schedule "A"; NOW THEREFORE in consideration of the premises and the mutual covenants, terms, conditions and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE 1 — DEFINITIONS 1.1 "Agreement" means this Sponsored Research Agreement including all attached schedules, as the same may be supplemented, amended, restated or replaced in writing from time to time; 1.2 "Background Intellectual Property" means proprietary and/or Confidential Information of the University, the University Research Personnel and Students, or the Client which is disclosed to the other for the purpose of the Research Plan; 1.3 "Client Confidential Information" means Confidential Information of the Client which has been disclosed by the Client to the University, but not including the Research Results; 1.4 "Confidential Information" means the specific terms and conditions set forth in this Agreement, the Research Results, and any information, which is disclog6M%12 of 58 2 one party to the other party for the purpose of the Research Plan provided that tangible materials are clearly marked as "Confidential" and any information provided orally or visually is identified as confidential at the time of disclosure, but shall not include information that: (a) is or becomes generally available to the public other than as a result of any act by a receiving party to this Agreement; (b) is rightfully received from a third party without similar restriction or without breach of this Agreement; (c) a receiving party is able to demonstrate, in writing, was known to it on a non -confidential basis; or (d) was independently developed by a receiving party without the use of any of the Confidential Information. 1.5 "Creators" means any University Research Personnel and Students who make a creative contribution to the Research Results; 1.6 "Field of Use" has the meaning set forth in Section 7.3; 1.7 "Principal Investigator" has the meaning set forth in Section 2.2; 1.8 "Research Personnel and Student Agreement" has the meaning set forth in Section 2.3; 1.9 "Research Plan" has the meaning set forth in Section 2.1. 1.10 "Research Results" means the technical information, know-how, copyrights, models, specifications, prototypes or inventions, whether patentable or unpatentable, developed in performance of the Research Plan; 1.11 "University Research Personnel and Students" means University researchers, including, but not limited to, the Principal Investigator, students, post doctoral fellows, research associates, who participate in the Research Plan. ARTICLE 2 - OBJECTIVES 2.1 The University shall work with the Client to perform, or procure the performance of, the research plan as set forth in Schedule "A" (the "Research Plan") upon the terms and conditions hereinafter set forth. 2.2 The principal investigator(s) of the Research Plan shall be Professor David Del Rey Fernandez of the University's Department of Applied Mathematics (the "Principal Investigator"), and the Principal Investigator shall be responsible for the technical content of the Research Plan. 2.3 The University shall ensure that each University Research Personnel and Student shall sign a Research Personnel and Student Agreement as set forth in Schedule "B" prior to working on the Research Plan. 2.4 Notwithstanding Section 2.1 hereof, the Client and the University agree that until such time as all regulatory requirements have been obtained, inclus e U of 58 necessary approvals of any regulatory or research ethics board concerne , no 3 work requiring such regulatory or ethics approvals shall commence (excepting any preliminary preparations which are not restricted by such requirements). For greater certainty, any delay in obtaining such approvals shall not be considered a default or breach by either the Client or the University. 2.5 The Client and the University acknowledge that some research, particularly that in the natural sciences and engineering, may be subject to export control laws and regulations of Canada or the U.S. For example, transmitting the results of, or information about, certain research may require first obtaining an export permit or other authorization. Certain research may also be subject to regulation by the Controlled Goods Directorate (CGD) of Public Services and Procurement Canada (PSPC), in accordance with the Defence Production Act (DPA) and the Controlled Goods Regulations (CGR). Information may be obtained from the CGD Website at: https://www.tpsgc-pwgsc.gc.ca/pmc-cgp/index-eng.htmi. 2.6 The Client shall use reasonable efforts to determine whether or not the Research Plan contains or may result in, items subject to these laws and regulations mentioned in s. 2.5 above (a "Controlled Item"). In the event that a Controlled Item is identified in the Research Plan, then the Client and the University shall comply with all applicable Canadian and U.S. export control laws and regulations. In the event that the Client wishes to include a Controlled Item into the Research Plan at any time during the term of this Agreement, then the Client and the University agree as follows: (a) the Client shall promptly notify the University of the Controlled Item's classification prior to any shipment or transmission to the University; (b) the University may, at the University's sole discretion, accept or reject the delivery of the Controlled Item; and (c) in the event that the University rejects the delivery of the Controlled Item, such rejection by the University shall not constitute a breach of this Agreement. ARTICLE 3 - FEES 3.1 In consideration of the University carrying out the Research Plan, the Client shall pay the University the sum of two hundred thousand dollars ($200,000.00 CDN), which amount is inclusive of overhead expenses, a portion of which shall be for the purposes of hiring a minimum of three (3) graduate or post doctoral Students to carry out the Research Plan. In addition, the parties agree that the Client will provide a further three hundred thousand ($300,000 CDN) of in-kind support. 3.2 The sum stipulated in Section 3.1 shall be paid by the Client electronically or by cheque made payable to the University of Waterloo (Attn: Finance Department, ECS, 200 University Avenue West, Waterloo, Ontario N2L 3G1) within thirty (30) days of receipt of invoice(s) according to the following schedule: (a) $50,000.00 due upon execution of this agreement; (b) $50,000.00 due 1 September 2026; (c) $50,000.00 due 1 September 2027; Page 44 of 58 4 (d) $50,000.00 due 1 September 2028; 3.3 Invoices to the Client shall be sent by email to: City of Kitchener Accounts Payable: accountspayable(cDkitchener.ca 3.4 The Interest on overdue accounts may be charged at current bank rates on amounts not paid within thirty (30) days of submission of invoice. 3.5 The University shall not be obliged to perform any work beyond the Research Plan which would cause the aggregate costs to exceed the amount set forth in Section 3.1. ARTICLE 4 — RESEARCH RESULTS 4.1 The University, through the Principal Investigator, will provide the Client with any reports specified in Schedule "A", if applicable to the Research Plan. ARTICLE 5 - EQUIPMENT 5.1 Unless otherwise agreed upon by the Client and the University in writing, or specifically provided for pursuant to the terms of this Agreement, all equipment and materials purchased by or provided to the University for the carrying out of the Research Plan, shall be, and remain, the property of the University. ARTICLE 6 - CONFIDENTIALITY 6.1 All Confidential Information will remain the property of its owner or the party that furnished it as the case may be. 6.2 For a period of three (3) years from the date of disclosure of Confidential Information, the receiving party agrees to maintain in confidence all Confidential Information disclosed to it with the same degree of care as the receiving party normally takes to preserve its own confidential information of similar grade, but in any event, no less than a reasonable degree of care. 6.3 The receiving party may only disclose Confidential Information to persons with a "need to know" who shall be made aware of, and be required to observe and comply with the covenants and obligations contained herein, and the Confidential Information shall only be used for the purpose of the Research Plan. 6.4 A receiving party may disclose Confidential Information pursuant to the requirements of a government agency or pursuant to a court order, provided that the receiving party gives the disclosing party sufficient notice to enable it to seek an order limiting or precluding such disclosure. ARTICLE 7 - INTELLECTUAL PROPERTY 7.1 All aspects and parts of the Background Intellectual Property shall be exclusively owned by its owner and nothing herein shall serve to, or should be constr G3dg045 of 58 5 transfer any ownership rights whatsoever in the Background Intellectual Property. Such Background Intellectual Property may be used by the receiving party solely as required to perform that party's obligations in performing the Research Plan. The limited, non -transferable license granted herein will automatically terminate upon expiration or termination of this Agreement. Any further use of the Background Intellectual Property shall be on terms and conditions to be agreed upon in writing between the parties. Background Intellectual Property belonging to the University and the University Research Personnel and Students includes the items listed in Schedule "C". 7.2 All Research Results shall be owned by the University whereby the University will assign its interest in and to the Research Results to the Creator(s), subject to Sections 7.3 and 7.4 below. 7.3 The Creator(s) are required to promptly disclose the Research Results to the University and to the Client. The University hereby grants to the Client a fully paid- up, royalty -free, irrevocable, non-exclusive license to use the Research Results the following field of use: gas distribution system design, operations, and maintenance(the "Field of Use"). The Client acknowledges and agrees that a similar non-exclusive license will be granted by the University to the other NSERC Sponsors. 7.4 The University will specifically retain the perpetual and irrevocable right to use the Research Results for continued research and educational purposes without charge, fee, or royalties notwithstanding any other provision of this Agreement. 7.5 Nothing herein shall constrain the Client from selling or monetizing any new or more efficient processes it develops within the Field of Use where such developments are based in whole or in part on the research provided by the University or the Creator(s). ARTICLE 8 — PUBLICATION AND DISCLOSURE 8.1 The Client and the University agree that it is part of the University's function and policies to disseminate information and to make it available for the purpose of scholarship. The Client further acknowledges that some of the Client Confidential Information must be included in a publication, including but not limited to scholarly articles, in order for the University to give proper context to and meaningfully publish the Research Results. The University acknowledges that the Client has legal obligations under the Municipal Freedom of Information and Protection of Privacy Act and may be required by law to withhold certain information. 8.2 At any time during the term of this Agreement, the University will provide the Client with a draft copy of any proposed publication or disclosure of Research Results for its review at least sixty (60) days before submission for publication or disclosure. Upon the Client's written request, which shall be received by the University within the same sixty (60) day period, the University will: (a) work in good faith with the Client to ensure that only Client Confidential Information that is necessary for the University to meaningfully publish the Research Results shall be included in the final publication or disclosure, notwithstanding the University's obligation of Confidentiality as set forth in Section 6.2 above; or Page 46 of 58 6 (b) delay publication, subject to Section 8.3, up to a maximum of sixty (60) additional days for the purposes of filing for intellectual property protection on terms and conditions to be negotiated and agreed upon by the Client and the University. 8.3 Notwithstanding any other term or condition of this Agreement, the University retains the right to have any thesis reviewed and defended without delay for the sole purpose of academic evaluation in accordance with the University's established procedures. The Client may request, and the University shall not unreasonably deny, that a closed thesis defence is held and that the members of the thesis examination board, including the external examiner(s), be required to sign a non -disclosure agreement. ARTICLE 9 - INDEMNITY 9.1 Each party agrees to indemnify and save harmless the other party, its affiliates, elected officials, directors, officers, employees, agents, students and representatives from and against all claims, losses, damages or expenses of any kind (individually a "Claim" and collectively the "Claims") by any third party based upon, occasioned by, or attributed to actions, errors, omissions, or negligence of the indemnifying party and its directors, officers, employees, agents or representatives during the performance of this Agreement, except to the extent such Claim(s) are attributable to the negligence or wilful misconduct of the indemnified party. 9.2 In addition, the Client hereby agrees to indemnify the University, including its governors, directors, trustees, officers, researchers, employees, students, volunteers and agents against all Claims arising from the use by or through Client of the Research Results, and the design, production, manufacture, sale, use, lease, or promotion of any product, process, service or data developed by the Client, directly or indirectly, through use of the Research Results except (and subject to Section 10.3 below) to the extent such Claim(s) are attributable to the negligence, error or omission or misconduct of the University, including its governors, directors, trustees, officers, researchers, employees, students, volunteers and agents. 9.3 The indemnity in this Article 9 shall not affect or prejudice a party from exercising any other rights it may have under the law. ARTICLE 10 — REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY 10.1 Each party represents and warrants to the other party that it is duly organized, validly existing and in good standing, and it has the right and authority to enter this Agreement and do all acts and things as required or contemplated to be done, observed and performed by it hereunder. 10.2 The Client makes no warranty, express or implied, concerning the Client's Background Intellectual Property under this Agreement which are all provided "as is". THE CLIENT MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE CLIENT'S BACKGROUND INTELLECTUAL PROPERTY WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY R90 7 of 58 OF ANY THIRD PARTY. 10.3 The University, on behalf of itself and the Creators, makes no warranty, express or implied, concerning the Research Results under this Agreement, which are all provided "as is". THE UNIVERSITY MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE RESEARCH RESULTS WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. FURTHER, CLIENT ACKNOWLEDGES AND AGREES THAT ANY RESEARCH RESULTS PROVIDED UNDER THIS AGREEMENT DOES NOT CONSTITUTE LEGAL OR HEALTH ADVICE OR ADVICE OF ANY OTHER REGULATED INDUSTRY NOR DO THE RESEARCH RESULTS CREATE A WARRANTY OF ANY KIND BY THE UNIVERSITY. CLIENT ACKNOWLEDGES AND AGREES THAT IT SHALL CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO ITS SPECIFIC SITUATION. UNIVERSITY ACCEPTS NO LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE CLIENT MAY INCUR THROUGH ITS RELIANCE UPON THE RESEARCH RESULTS TO SATISFY ANY LEGAL OR REGULATORY REQUIREMENTS. 10.4 NEITHER THE CLIENT NOR THE UNIVERSITY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED REVENUE OR ANY EXEMPLARY, PUNITIVE, SPECIAL OR INDIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNLESS (AND SUBJECT TO SECTION 10.3 HEREOF) CAUSED BY THE NEGLIGENCE OF THE INDEMNIFIED PARTY. ARTICLE 11 -INSURANCE 11.1 Each party shall obtain and maintain comprehensive general liability insurance and any other insurance that a prudent person would deem necessary, with at least a $5,000,000 per occurrence limit with respect to its operations. Such insurance shall contain provisions for cross -liability and severability of interest, and each party shall provide a certificate of insurance adding the other parties as additional insured as evidence of such coverage if requested by the other party with a 30 - day cancelation notice clause. 11.2 If, as an integral part of the Research Plan, a party, including its employees, agents and representatives, drives a vehicle onto the other party's property, then such party shall carry owned and/or non -owned automobile insurance with at least a $5 million per occurrence limit and the other party shall provide a certificate of insurance as evidence if requested by the other party. 11.3 It shall be the sole responsibility of each party to determine what additional insurance coverage, if any, is necessary and advisable for its own protection and/or to fulfill its obligations under this agreement. Any such additional insurance shall be obtained and maintained at the sole cost of the party. ARTICLE 12 — PERMITS AND LICENSES 12.1 For work to be carried out off the University's premises, the Client shall idenAfW48 of 58 8 permits, licenses or other required by any governing authority in relation to any of the work to be performed and agrees to obtain or to assist the University to obtain such permits, licenses or other. ARTICLE 13 — TERM & TERMINATION 13.1 This Agreement shall come into effect on September 1, 2025 (the "Effective Date"), and unless earlier terminated in accordance with the terms hereof, shall terminate August 31 2029. In the event that the Research Plan is funded in part by any federal or provincial agency or other government institution, the term of this Agreement shall, at a minimum, be equal in duration to the period of the agency award. Upon request the University shall forthwith provide to the Client duration of the period of such agency award. 13.2 This Agreement may be terminated by either party upon sixty (60) days written notice to the other party. Such termination will reflect in the termination of the Client's participation in the Research Plan, but not the termination of the Research Plan which shall continue with the other NSERC Sponsors. 13.3 Upon termination of this Agreement by either the Client or the University, the University will be reimbursed by the Client for all costs and non -cancellable commitments incurred by the University in the performance of the Research Plan, such reimbursement not to exceed the total estimated expenses set forth in Section 3.1. 13.4 Termination as set forth in this Article 13 shall not relieve any of the parties of any obligations accrued under this Agreement prior to the date of termination. Each of Articles 5 (Equipment), 6 (Confidentiality), 7 (Intellectual Property), 8 (Publication), 9 (Indemnity), 14 (General Provisions), Sections 10.2 and 10.3 (Disclaimer), 10.4 (Limitation of Liability), 13.3 (Reimbursement for expenses), and 13.4 (Survival) shall survive termination of this Agreement. ARTICLE 14 — GENERAL PROVISIONS 14.1 The Client shall not use the name, or any variation, adaptation, abbreviation, trademark or other, of the University, nor the name of any member of the University's staff or governors, in any publicity without the prior written approval of an authorized representative of the University. Subject to Section 14.2, the University will not use the name of the Client, or any variation, adaptation, abbreviation, trademark or other, nor the name of any employee of the Client, in any publicity without the prior written approval of the Client. 14.2 The University may at its own discretion provide a brief listing of this Research Plan as part of any public statement disclosing research taking place at the University. Such disclosure may include, but is not limited to, the title of the Research Plan, the name of the Client, the name of the Principal Investigator, and the amount of funding. 14.3 The parties are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venturer with the other party. Neither party has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. Page 49 of 58 14.4 Any notice pursuant to this Agreement shall be in writing and shall be given by hand delivery or sent by registered mail, courier, email or facsimile addressed to the other party at the address set out below or to such other person or address as the parties may from time -to -time designate in writing delivered pursuant to this notice provision. Any such notices, requests, demands or other communications shall be received and effective: (a) upon the date of delivery if delivered personally; or (b) on the date of receipt of confirmation by answer -back, in the case of mail, email or facsimile. University: Laura Grafton, Grants and Contracts Manager Research Partnerships University of Waterloo Office of Research 200 University Avenue West Waterloo, Ontario N2L 3G1 E-mail: Ilgrafton(a)-uwaterloo.ca with a CC to Or-contracts@uwaterloo.ca Client: Brad Kowaleski City of Kitchener 4th Floor, Procurement Services 200 King Street West, Kitchener, Ontario N2G 4G_ Brad. Kowaleski(@kitchener.ca 14.5 For this Agreement, neither the Client nor the University shall be liable to the other for any failure or delay in performance by circumstances beyond its control, including but not limited to, acts of God, fire, labour difficulties or governmental action. 14.6 Unless otherwise specified in this Agreement, this Agreement and the schedules attached hereto shall supersede all documents or agreements, whether written or oral, in respect of the subject matter thereof. For greater clarity, no direct or indirect separate arrangement, whether oral or written, with the Principal Investigator or other person, involving any component of the work to be performed, is permitted unless prior agreement, in writing, is given by the authorized signing authorities of the Client and the University. The Client acknowledges and agrees that the University provides no insurance coverage whatsoever to faculty members or other university persons who may provide direct or independent services relating to this Agreement. Page 50 of 58 10 14.7 The terms herein stipulated may not be modified in any way without the mutual consent of the Client and the University in writing given by their authorized signing authorities. 14.8 This Agreement shall not be assigned by either the Client or the University without the prior written consent of the other party, such consent not to be unreasonably withheld. The University and the Client shall not subcontract any work to be performed under this Agreement without the prior written consent of the federal or provincial agency or other government institution, as applicable, and the other party (such consent not to be unreasonably withheld). 14.9 In the event that a translation of this Agreement is prepared and signed by the Client and the University for the convenience of the Client, this English language version shall be the official version and shall govern if there is a conflict between the two. 14.10 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 14.11 This Agreement may be executed digitally, and/or electronically, and may be transmitted digitally, and/or electronically, in any number of counterparts, each of which upon execution and delivery shall be considered an original for all purposes; provided, however, all such counterparts shall, together, upon execution and delivery, constitute one and the same instrument. 14.12 The following appendices are attached to and form part of this Agreement: Schedule A — Research Plan Schedule B — Research Personnel and Student Agreement Schedule C — University Background Intellectual Property Page 51 of 58 m IN WITNESS WHEREOF the Client and the University hereto have executed this Agreement in a legally binding manner. UNIVERSITY OF WATERLOO Per: Name: Erin Windibank Title: Sr. Manager UWe have the authority to bind the corporation Date The City of Kitchener Per: Name: Title: INVe have the authority to bind the corporation Date Acknowledgment and Consent of Principal Investigator I, having read this Agreement, hereby agree to comply with all the terms and conditions contained herein and further agree to ensure that all University Research Personnel and Students who are involved in the Research Plan are informed of their obligations under the provisions of this Agreement and have acknowledged and consented by signature of a Research Personnel and Student Agreement (Schedule B). Date: David Del Rey Fernandez, Professor Page 52 of 58 12 SCHEDULE A RESEARCH PLAN Deliverables for optimized infrastructure planning through simulation and Al driven gas pipe -network digital twin growth scenario prediction research program Natural gas pipelines are critical infrastructure in municipalities, as residents use natural gas furnaces to provide domestic hot water and heating. To ensure reliable, accessible, and affordable gas supply, pipeline network upgrade and modification need to be carefully planned. On the one hand, dated pipelines should be upgraded in a timely and cost-effective manner to maintain a reliable gas supply to current customers and avoid costly infrastructure failures. On the other hand, new pipelines need to be laid to adapt to the change in population and its density in different neighbourhoods in a municipality, while maintaining adequate gas supply pressure in the entire network. Both pipeline upgrade and modification require significant investment from a municipality, but decisions are difficult to make. This results from uncertainties in real estate development, population change, local industry development, consumers' gas utilization patterns, and electrification (e.g., heat pumps), etc., which create further uncertainties in future gas demand. These uncertainties make the decision to upgrade and modify pipeline network very difficult without a full picture of all possible options. In such a complex decision-making situation with uncertainties, it is useful to implement mathematical and artificial intelligent tools to explore a wide range of options and provide useful decision-making metrics. Objective: The overall objective is to develop the mathematics, algorithms, software tools, and write reports to support data - driven decision making for gas pipeline network upgrade and modification. The software tools will provide simulation capabilities to predict, for example, maintenance costs, pipeline performance (e.g., pressure distribution) while accommodating the uncertainties in gas demands. The reports will provide analysis to drive decision making regarding, for example, growth scenarios, optimal placement of sensors, etc. This objective will be accomplished through three interdependent research pillars and deliverables described below, where research pillar one provides the mathematics, algorithms, and software to drive pillars two and three. Such research shall be conducted by a minimum of three (3) graduate or post doctoral students. Research Pillar 1: Gas pipe network digital twin This research pillar is aimed at developing core simulation software capabilities to 1) build a digital twin of the city's pipe network, 2) simulate changes to the network under different growth scenarios, and 3) provide optimal sensor placement to develop predictive models. Deliverable 1: Software for modular multi -fidelity physics -based simulation tool for gas pipe networks with data assimilation capabilities. This will be accomplished by developing simulation capabilities with different fidelity levels ranging from machine learning reduced -order modelling techniques, one-dimensional models, through three-dimensional models for pipe segments. To enable coupling of multi -fidelity models as well as rapid network modification, the various pipe segment models will be coupled using the port -Hamiltonian approach. Deliverable 2: Algorithms and software for optimal sensor placement. Research Pillar 2. Growth modelling and optimization This research pillar aims to model future gas demand under different scenarios of residential, commercial, and industrial development, and potential gas -electrical grid energy integration. Deliverable 3: Software to examine different growth scenarios. Deliverable 4: Technical report examining different growth scenarios and demand and their implication on infrastructure investment. Deliverable 5: Technical report on optimal placement of different sensors with similar cost and compare their utility. Page 53 of 58 13 Research Pillar 3. Maintenance assessment modelling This research pillar aims to investigate two critical areas: a) investigate how to model corrosion in metal pipes and degradation in plastic pipes. The outcomes of these studies will inform future modelling activities to improve the simulation software in Pillar 1. And, b) evaluate current data from sensors and other modalities for their predictive capacity, and evaluate the potential of new and existing sensors for improving predictive capabilities. Deliverable 6: Consolidate all existing data and documentation into a centralized database, and apply machine learning models to assess the predictive capability of the current information for pipe corrosion. Deliverable 7. Develop a numerical model, informed by laboratory experimental data, to asses the reliability of current resistivity measurements in evaluating the condition of pipe cathodic protection coatings. Deliverable 8: Technical report evaluating the effectiveness and cost -efficiency of available sensors for predicting metal pipe corrosion. Deliverable 9: Technical report that reviews and evaluates available sensors for assessing the degradation of plastic pipes, with a focus on the trade-off between cost and predictive effectiveness. Page 54 of 58 14 SCHEDULE B RESEARCH PERSONNEL AND STUDENT AGREEMENT WHEREAS the University of Waterloo and the Client are parties to a Sponsored Research Agreement number # 107616 to which this Research Personnel and Student Agreement is appended; and WHEREAS the undersigned is associated with the University of Waterloo and will be involved in the Research Plan defined by the Sponsored Research Agreement; NOW THEREFORE, in consideration of information and facilities made available to me in connection with my work in relation to the Research Plan and other valuable consideration, I agree that: 1. Defined Terms. All terms denoted with initial capital letters herein shall have the meanings ascribed to them in the Sponsored Research Agreement. 2. Reasonable Efforts. I will use all reasonable efforts to achieve the objectives and deliverables defined in the Article 2 of the Sponsored Research Agreement for those activities in which I am involved. 3. Research Results I will co-operate fully and in good faith in discussion and agreement with all conditions regarding Research Results as set forth in Article 7 of the Sponsored Research Agreement. 4. Confidential Information. In accordance with Article 6 of the Sponsored Research Agreement, I will keep confidential all of the Confidential Information that I may receive. 5. Publications. I will comply with all publication conditions that are set out in Article 8 of the Sponsored Research Agreement. 6. Ownership. I understand that ownership of and rights to any Research Results shall be determined in accordance with Article 7 of the Sponsored Research Agreement, as per Article 3(A) (third bullet) of the University of Waterloo Policy #73 (Intellectual Property Rights). 7. Invention Disclosure. I shall keep the University and the Principal Investigator fully and promptly informed on an on-going basis of the development of Research Results and shall not take any steps with respect to filing intellectual property protection for any Research Results without prior consultation with the University. 8. Cooperation in Patent Matters. I will cooperate fully in the signing of documents and taking such other steps as may be reasonably requested to obtain and maintain patent and other intellectual property protection for the Research Results relating to the Sponsored Research Agreement and in connection with any infringement action in any way relating to said Research Results, and I will Page 55 of 58 15 sign all documents and do all things necessary or proper to give effect to this Research Personnel and Student Agreement and any rights granted by the University under the Sponsored Research Agreement. 9. Acknowledgement. I have obtained or have been afforded the opportunity to obtain independent legal advice with respect to this Research Personnel and Student Agreement and all documents and transactions related thereto and I fully understand the nature and consequences of this Research Personnel and Student Agreement and all documents and transactions related thereto. By signing below, I indicate my acceptance of these terms. Personnel/Student's Signature Print Name Date Personnel/Student's Signature Print Name Date Personnel/Student's Signature Print Name Date Role in Research Plan (for statistical purposes only): ❑ Postdoc ❑ PhD Candidate ❑ Master's Student ❑ Undergraduate Student ❑ Other: Role in Research Plan (for statistical purposes only): ❑ Postdoc ❑ PhD Candidate ❑ Master's Student ❑ Undergraduate Student ❑ Other: Role in Research Plan (for statistical purposes only): ❑ Postdoc ❑ PhD Candidate ❑ Master's Student ❑ Undergraduate Student ❑ Other: Page 56 of 58 16 Personnel/Student's Signature Print Name Date Personnel/Student's Signature Print Name Date Personnel/Student's Signature Print Name Date Role in Research Plan (for statistical purposes only): ❑ Postdoc ❑ PhD Candidate ❑ Master's Student ❑ Undergraduate Student ❑ Other: Role in Research Plan (for statistical purposes only): ❑ Postdoc ❑ PhD Candidate ❑ Master's Student ❑ Undergraduate Student ❑ Other: Role in Research Plan (for statistical purposes only): ❑ Postdoc ❑ PhD Candidate ❑ Master's Student ❑ Undergraduate Student ❑ Other: Page 57 of 58 17 SCHEDULE C UNIVERSITY BACKGROUND INTELLECTUAL PROPERTY The background IP consists of a partial differential equations simulation framework, written in Julia, that can be run on multiple hardware systems including CPU and GPU clusters. 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