4.2 The scope of the contract includes: 4.2.1 Collection of municipal waste generated in the Andrychów Commune from owners of properties where residents live (single-family and multi-family buildings) and their transport to development sites. 4.2.2 Management of collected municipal waste from owners of real estate on which residents from the Andrychów Commune live. 4.2.3 The scope and description of the services covered by the contract are set out in the ‘Detailed scope and description of the subject matter of the contract’ annexed to the draft contract. The Contractor is obliged to perform the contract on the terms and conditions described in the Draft Agreement constituting Annex No to the SWZ. 4.3 Specified by the Ordering Party in the offer form, i.e. Attachment No 1 to the SWZ, the quantities of municipal waste are the basis for calculating the price of the tender. They should be treated as estimates - they may change depending on the actual amount of waste collected by the Contractor. The contracting authority is entitled to reduce or increase the amount of waste between different types of waste. This should be understood as increasing the amount of one type of waste while reducing the amount of another type of waste. A change in the amount of waste will not be treated as an amendment to the contract if it does not result in exceeding the total maximum value of remuneration for the performance of the subject of the contract. The above provisions apply to both the basic and optional orders. 4.4 As part of the subject of the contract, the Ordering Party is entitled to exercise the right of option on the terms and in the manner described below: 4.4.1 As part of the performance of the Contract, the Ordering Party is entitled to commission the Contractor with additional material scope of services the same (analogous) as described in point. 4.2 SWZ. The services that are the subject of the Option may be ordered in a quantity that will not exceed 20% of the total value of the subject of the basic contract determined in accordance with § 3 sec. 2 draft agreement. 4.4.2 The basis for launching the contract in the scope of the option right will be the real needs of the Ordering Party and the guaranteed financial resources. The exercise of the option right may take place when the amount of the contract intended for the performance of the basic contract is used. 4.4.3 In order to activate the option, the Ordering Party shall provide the Contractor with a written statement expressing its will to exercise the option right and specifying the extent to which it exercises the option right. Submission of the statement will take place no later than 14 days before the date of performance of the service covered by the right of option. Persons having the necessary authority to represent the Ordering Party will be authorised to submit a written declaration in the scope of the Option Law. 4.4.4 With regard to the optional contract, the Contractor is obliged to start providing the service on the basis of a written statement of the Contracting Authority on the exercise of the option right. 4.4.5 The use of the option right by the Ordering Party may be made once for the entire value of the optional order or in parts. In the case of exercising options in parts, the Ordering Party shall submit further declarations to the Contractor not later than before the moment of exhaustion of the maximum scope resulting from the option right. 4.4.6 The Ordering Party reserves that the contract covered by the option right will be carried out on the terms of the basic contract, in accordance with the provisions of the Draft Agreement, the Terms of Reference and the Contractor's offer.4.4.7 If the Ordering Party exercises the option right, the Contractor is entitled to remuneration for the actual quantities of municipal waste collected and managed. The Contractor's remuneration for the provision of the service covered by the right of option will be calculated on the terms provided for in the Draft Agreement and on the basis of the unit prices indicated by the Contractor in the Contractor's offer form, constituting Annex 1 to the Agreement. 4.4.8 The right of option is a unilateral right of the Ordering Party, which it can, but is not obliged to use as part of the performance of the subject of the contract. If the Ordering Party does not exercise the right of option, the Contractor shall not be entitled to any claims in this respect. 4.4.9 The exercise of the option right by the Ordering Party does not constitute a change in the terms of the contract and does not require the preparation of an annex to the contract. 4.4.10 Performance of the services being the subject of the Option, determination of the value of these works, payment and liability for their non-performance or improper performance, including liability in the form of contractual penalties, as well as the exercise of the Employer's rights under the Agreement and the right to withdraw from the Agreement will take place on the same terms as in the case of services being the subject of the Agreement. 4.5 The contracting authority pursuant to Art. 1 of the Public Procurement Act requires the contractor or subcontractor to employ persons performing the activities specified by the Contracting Authority in the performance of the contract, if the performance of these activities consists in performing work in the manner specified in Article 22 § 1 of the Act of 26 June 1974 - Labour Code (Journal of Laws No. Journal of Laws 2023, item 1465 as amended), i.e.: activities related to the collection and transport of waste indicated in the description of the subject of the contract. 4.5 The Contractor is obliged to submit to the Contracting Authority, at each request, within the deadline specified in the call, the following evidence confirming compliance with the requirement of employment on the basis of an employment contract by the contractor or subcontractor of the persons performing the tasks indicated in point. 4.5 SWZ activities during the execution of the contract:4.9 The Ordering Party does not divide the contract into lots. 4.9 Reasons for non-division: 4.9.1 it is not possible to divide into parts due to the lack of separation by the Andrychów City Council of the sectors referred to in Art. 3 of the Act of 13 September 1996 on maintaining cleanliness and order in municipalities, due to the limited space, the full content in the SWZ.
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