5.1 The Subject Of The Order Is The Execution Of The Task Entitled: Construction Of A Multi-Functional Sports Field At The Zss In Roczyny / Sports Field Near The School - Stage I 5.2 The Scope Of The Contract Includes In Particular: 5.2.1 Works Related To The Preparation Of The Investment Site; 5.2.2 Execution Of Drainage; 5.2.3 Execution Of Earthworks And Foundations; 5.2.4 Execution Of The Playing Surface; 5.2.5 Execution Of Construction And Assembly Works Necessary To Complete The Task; 5.2.6 Installation Of Sports And Recreation Equipment, Including Outdoor Gym Equipment; 5.2.7 Execution Of The Fence; 5.2.8 Lighting The Pitch; 5.2.9 Installation Of The Information Board; 5.2.10 Other Works And Works Necessary For The Proper Performance Of The Subject Of The Contract, Including: 5.2.10.1 Marking And Securing The Acquired Construction Site For The Duration Of The Works, 5.2.10.2 Organization Of Facilities, Including Access Roads To The Construction Site, 5.2.10.3 Organization Of Access And Access To The Property During The Works, 5.2.10.4 Preparation Of Full As-Built Documentation With Changes Made During The Works (If Required), 5.2.10.5 Preparation Of Photographic Documentation Of Each Stage Of The Contract, 5.2.10.6 Current Removal Of Unusable Materials From The Construction Site, 5.2.10.7 Carrying Out All Control Measurements, 5.2.10.8 Performing Repair Works Of The Technical Infrastructure, The Technical Condition Of Which Has Deteriorated As A Result Of The Works, Including Replacement Works. 5.3 A Detailed Description And Scope Of The Subject Of The Contract Is Specified In The Attached Project Documentation, Technical Specification For The Execution And Acceptance Of Construction Works And The Bill Of Quantities. 5.4 The Contractor Is Obliged To Perform The Subject Of The Order In Accordance With The Applicable Standards And Technical Knowledge, Specified, Among Others, In Act Of July 7, 1994 Construction Law (I.E. Journal Of Laws Of 2023, Item 682, As Amended) With Due Diligence, Proper Work Organization And Health And Safety Rules. 5.5 In The Case Of Unequivocal Names Of Patents, Trademarks, Materials, Products Or Devices Indicating The Manufacturer And Specific Catalog Types In The Tender Materials - All Such Names Should Each Time Be Read With The Clause Or Equivalent With The Same Or Not Worse Technical, Quality, Functional And Aesthetic. If Specific Types Of Materials, Products And Devices Are Given In The Above-Mentioned Documents, It Should Be Treated As An Auxiliary Indication Of The Minimum Quality Level (Standard). The Ordering Party Allows Offering Equivalent Materials And Devices, Provided That They Guarantee Obtaining Quality Parameters And Functional Characteristics At Least At The Level Of The Indicated Product. In Such A Situation, The Ordering Party Requires The Submission Of Relevant Documents Authenticating These Materials Or Devices In Order To Prove That The Offered Quality Parameters And Functional Characteristics Are Equivalent Or Better Than Those Submitted In The Documentation. It Is The Contractors Responsibility To Prove That The Materials, Objects Or Goods Used Have Parameters Equal To Or Better Than The Materials, Objects Or Goods Referred To In The Description Of The Subject Of The Contract. It Is Not Allowed To Make Changes To The Assumptions Of The Design Documentation, The Effects Of Which Would Affect The Architectural Conditions And Technological Parameters Adopted In The Design. The Costs Related To Demonstrating The Equivalence Of The Solutions Shall Be Borne By The Contractor. The Contractor Submitting An Equivalent Offer Bears Full Responsibility For The Proper Functioning Of The Technical Solutions Provided For In The Design Documentation. 5.6 Before Handing Over The Construction Site, The Contractor Shall Present To The School Management How To Secure The Construction Site At Individual Stages Of The Works For Approval In Order To Ensure The Functioning Of The School During The School Year. Any Protection Of The Facility During Construction Works Must Take Into Account The Safety Of Building Users, In Particular Students. 5.7 The Ordering Party Recommends That Before Preparing The Offer, Make A Site Visit And Get Acquainted With The Facts In The Field. 5.8 The Ordering Party Does Not Divide The Order Into Parts. Thus, The Contracting Authority Does Not Allow The Submission Of Partial Tenders Referred To In Art. 7 Point 15 Of The Public Procurement Law. Reasons For Not Dividing The Contract: Dividing The Contract Into Lots Would Result In Excessive Technical Difficulties, The Need To Coordinate The Activities Of Various Contractors Performing Individual Parts Of The Contract Could Seriously Jeopardize The Proper Performance Of The Contract. 5.9 The Ordering Party, Pursuant To Art. 95 Sec. 1 Of The Public Procurement Law Requires The Contractor Or Subcontractor To Employ, On The Basis Of An Employment Contract, Persons Performing Activities Indicated By The Employer In The Scope Of Contract Performance, If The Performance Of These Activities Consists In Performing Work In The Manner Specified In Art. 22 1 Of The Act Of June 26, 1974 - Labor Code (Journal Of Laws Of 2022, Item 1510, As Amended), I.E. - Physical Works On The Construction Site Including Preparatory Works, Earthworks, Drainage Works, Assembly Works Related To Equipment Outdoor Gym, Fencing And Lighting Of The Pitch. 5.10 The Contractor, If His Offer Is Considered The Most Advantageous, Is Obliged To Employ Persons Performing The Works Specified In Point 5.9 In His Own Enterprise Or By The Subcontractor Under An Employment Contract. 5.11 The Contractor Is Obliged To Submit To The Employer, At Each Request, Within The Time Limit Set In The Request, The Following Evidence Confirming That The Contractor Or Subcontractor Has Met The Requirement Of Employment Under An Employment Contract By The Contractor Or Subcontractor Of The Persons Indicated In Point 5.9. Activities During The Performance Of The Contract: 5.11.1 Declaration Of The Contractor Or Subcontractor On The Employment Under An Employment Contract Of Persons Performing Activities To Which The Request Of The Contracting Authority Relates. The Statement Should Include In Particular: Precise Specification Of The Entity Submitting The Statement, The Date Of Submission Of The Statement, An Indication That The Activities Covered By The Call Are Performed By Persons Employed Under An Employment Contract, Together With An Indication Of The Number Of These Persons, Their Names And Surnames, The Type Of Employment Contract And And The Signature Of The Person Authorized To Make A Statement On Behalf Of The Contractor Or Subcontractor, 5.11.2 Statements Of Employed Employees Containing Information, Including Personal Data, Necessary To Verify Employment Under An Employment Contract, In Particular The Name And Surname Of The Employed Employee, The Date Of Conclusion Of The Employment Contract Work, Type Of Employment Contract And The Scope Of The Employees Duties, 5.11.3 A Copy Of The Employment Contract/Contracts Certified As True Copies By The Contractor Or Subcontractor, Respectively, Of Persons Performing The Activities Referred To In The Abovementioned Statement Of The Contractor Or Subcontractor (Together With A Document Regulating The Scope Of Duties, If Any). A Copy Of The Contract/Contracts Should Be Anonymized In A Way That Ensures The Protection Of Employees Personal Data, In Accordance With The Provisions Of Regulation (Eu) 2016/679 Of The European Parliament And Of The Council Of 27 April 2016 On The Protection Of Individuals With Regard To The Processing Of Personal Data And On The Free The Flow Of Such Data And The Repeal Of Directive 95/46/Ec (I.E. In Particular Without Addresses, Pesel Numbers Of Employees). The Employees Name And Surname Are Not Anonymised. Information Such As: Date Of Conclusion Of The Contract, Type Of Employment Contract, Scope Of Duties And Working Time Must Be Identifiable, 5.11.4 Certificate Of The Relevant Zus Branch Confirming That The Contractor Or Subcontractor Pays Social Security And Health Insurance Contributions For Employment Under Contracts For Work For The Last Settlement Period, 5.11.5 A Copy Of The Document Certified As A True Copy By The Contractor Or Subcontractor, Respectively, Confirming The Employees Application For Insurance By The Employer, Anonymized In A Way That Ensures The Protection Of Employees Personal Data, In Accordance With The Provisions Of Regulation (Eu) Of The European Parliament And Of The Council 2016/679 Of April 27, 2016. On The Protection Of Individuals With Regard To The Processing Of Personal Data And On The Free Movement Of Such Data, And Repealing Directive 95/46/Ec . 5.12 The Ordering Party Will Be Entitled To Control The Fulfillment By The Contractor Of The Requirements Regarding The Employment Of The Above-Mentioned Persons At Each Stage Of The Contract Performance. 5.13 In The Event Of Failure To Employ Persons Required By The Ordering Party For The Performance Of The Order, On The Terms Set Out Above, The Contractor Shall Be Obliged To Pay The Ordering Party A Contractual Penalty In The Amount Specified In The Draft Contract. 5.14 In The Event Of Justified Doubts As To The Compliance With Labor Law By The Contractor Or Subcontractor, The Ordering Party May Request An Inspection By The National Labor Inspectorate. 5.16 The Minimum Guarantee Period Required By The Ordering Party Is 60 Months And Is One Of The Tender Evaluation Criteria In Accordance With The Provisions Of Chapter 19, Section 19.1 Of These Tor. If The Contractor Does Not Specify The Guarantee Period In The Bid Form Or Declares A Guarantee Period Shorter Than 60 Months, The Offer Will Be Rejected Pursuant To Art. 226 Sec. 1 Point 5 Of The Public Procurement Law. 5.17 The Ordering Party Does Not Reserve The Obligation For The Contractor To Personally Perform The Key Elements Of The Order.
