D2. SCOPE OF WORK
D2.1 The Work to be done under the Contract shall consist of supply and delivery of sludge polymer for the North End Water Pollution Control Centre and South End Water Pollution Control Centre for the period from April 1, 2023 until March 31, 2024, with the option of six (6) mutually agreed upon one (1) year extensions.
D2.1.1 The City may negotiate the extension option with the Contractor within one hundred and fifty (150) Calendar Days prior to the expiry date of the Contract. The City shall incur no liability to the Contractor as a result of such negotiations.
D2.1.2 Changes resulting from such negotiations shall become effective on April 1st, of the respective year. Changes to the Contract shall not be implemented by the Contractor without written approval by the Contract Administrator.
D2.1.3 Bidders are advised that, in future, the City may be participating in collaborative procurement initiatives with other levels of government. Accordingly, extensions to this Contract may not be exercised.
D2.2 Price Adjustment
D2.2.1 The Prices for year one (1) of the Contract will be as stated on Form B: Prices and will be in effect until June 30th, 2023.
D2.2.2 Notwithstanding C10, Unit Price of Item #1 shall be negotiated and by mutual agreement of the parties adjusted on July 1st, October 1st, and January 1st.
D2.2.3 The Contractor shall notify the Contract Administrator in writing, of any proposed change in the Unit Price of Item #1 no later than fifteen (15) Calendar Days prior to the effective date of the change.
(a) This written notification shall include the submission of evidence, satisfactory to the Contract Administrator, upon which proposed adjustments are based. This evidence may include, but is not limited to, relevant indices and current market pricing.
(b) Should an adjustment to the Unit Price of Item #1 for any applicable quarter not be agreed to by both parties on the 1st day of each corresponding month (i.e. by July 1st; October 1st; January 1st), the price for the applicable quarter period will revert to the previous quarter’s pricing should an agreement not be mutually reached, with discussions resuming the next quarter.
D2.2.4 Unless otherwise stipulated by the Bidder in his Bid, all calculations shall be rounded to the nearest one hundredth of a dollar per kg ($0.01/kg).
D2.3 Alternate Polymer
(a) After award of the Contract the City can, due to seasonal changes in the sludge characteristics, without changing the unit price, purchase other polymer products during the course of carrying out the Contract to achieve equal or better performance characteristics.
(b) The Contractor must be prepared to substitute an alternative product, at the Contract price (indicated on Form B: Prices), if the supplied polymer is not achieving minimum performance requirements noted in E5.
D2.4 Technical Support
(a) The Contractor and Manufacturer may be required to attend the NEWPCC – 2230 Main Street, Winnipeg MB or SEWPCC – 100 Ed Spencer Drive, Winnipeg, MB to provide customer or technical service support to a maximum of four (4) visits per Calendar year, if requested by the Contract Administrator.
(b) The Contractor shall incur all costs for the customer or technical service support if required by the City of Winnipeg.
D2.5 The Work shall be done on an "as required" basis during the term of the Contract.
D2.5.1 The type and quantity of Work to be performed under this Contract shall be as authorized from time to time by the Contract Administrator and/or Users.
D2.5.2 Subject to C7, the City shall have no obligation under the Contract to purchase any quantity of any item in excess of its actual operational requirements.
D2.6 Notwithstanding D2.1, in the event that operational changes result in substantial changes to the requirements for Work, the City reserves the right to alter the type or quantity of work performed under this Contract, or to terminate the Contract, upon thirty (30) Calendar Days written notice by the Contract Administrator. In such an event, no claim may be made for damages on the ground of loss of anticipated profit on Work.
