1. The subject of the contract are works within the meaning of Article 7(21) of the Public Procurement Law, consisting in reconstruction within the meaning of Article 3(7a) and construction within the meaning of Article 3(21). 6 of the Construction Law Act of 7 July 1994. The contract includes the implementation of an investment entitled: ‘Construction of cycling infrastructure along the streets: Krasiński, Markwarta, Sieńki, Moniuszko, Skłodowska-Curie and Łęczycka in Bydgoszcz.” The contract will be carried out in stages: 1) STAGE I: a) section 1 - from Gdańsk to Staszic entrance at the complete closure of the street; - detour provide Staszica street; - the intersection of Staszic is implemented halfway; - from Staszic to Ossoliński implement halfway; b) section 2 - from Ossoliński to Ogiński run halfway; - implement the Ossoliński roundabout in half; c) section 5 - realization of the Skrzetuski roundabout itself under traffic; d) section 6 - realization of the roundabout on Łęczycka street under traffic and the entire street from Fordońska to Kamienna; 2) STAGE II: a) section 3 and 4 - from Ogiński to Skrzetuski roundabout to be carried out halfway using a pendulum; - Ogiński, Moniuszko, Sieńki intersection apply temporary single-carriage roundabout with bypasses to the right on selected relations; b) section 5 - from Skrzetuski roundabout to Łęczycka along with ul. Kiev under traffic; 2. A detailed description of the subject of the contract and the conditions for the performance of the contract were included in the draft provisions of the contract with annexes, constituting Annex 1 to the FTZ, including: - description of the subject of the contract, design documentation of PAB, PZT, PT and technical specifications for the execution and acceptance of construction works, constituting Annex 2 to the Agreement; - a specimen of the tender form constituting Annex 2 to the FTZ. 3.The Ordering Party does not impose an absolute requirement to carry out a on-site inspection, but suggests that it be carried out in the interest of the Contractor without the participation of the Ordering Party. 4. The contracting authority, in accordance with Art. 1 PPL requires that the contractor or subcontractor during the performance of the contract (for the entire duration of the contract) employ, on the basis of an employment relationship within the meaning of the provisions of the Labour Code (Article 22 § 1), persons directly performing the works, i.e. so-called manual workers, i.e. road workers, industry fitters, general construction workers, operators/drivers of machinery and construction vehicles. This requirement does not apply to persons in charge of construction, performing surveying services or suppliers of construction materials. A detailed description of the Ordering Party's requirements in this respect can be found in the draft provisions of the contract, which constitute Annex No. 1 to the FTZ. 5. The contractor may subcontract part of the contract to a subcontractor, taking into account the prohibition described in point V.11. SWZ. In the field of subcontracting, the provisions of Articles 462-465 of the PPL apply. The Contractor must indicate in the Tender and in the SEDZ the parts of the contract (in % or material scope) which he intends to subcontract and the names of any subcontractors, if known. The absence of a declaration by the contractor in this respect will mean that the contractor intends to carry out the entire contract itself. The contractor is responsible for the actions, omissions, negligence of the subcontractor, as for his actions. 6. The contract is subject to co-financing under the National Recovery Programme and the European Funds for Kujawy and Pomerania Programme 2021-2027. 7. The Ordering Party reserves the right to limit the material and financial subject of the contract in the course of its implementation (decrease in the scope of the contract) by a maximum of 20% of the gross value of the contract. This means that the minimum guaranteed value of the performance of the parties (guaranteed part of the contract) will be not less than 80% of the total gross remuneration indicated in the contract. The scope may be limited under the conditions set out in the draft provisions of the agreement (Annex 1 to the FTZ). If the scope of the contract is limited, the Contractor shall be entitled to remuneration only for works actually and correctly performed, and the Contractor shall waive all claims for non-performance of the remaining part of the contract. 8.The Ordering Party does not provide for the possibility of exercising the option referred to in Art. 1 PPL 9.The Contracting Authority does not provide for the award of contracts referred to in Art. 1 point 7 of the PPL. 10. The contracting authority does not allow the submission of partial tenders. The contracting authority shall not divide the contract into lots. Justification for not dividing the contract into lots: The implementation of the investment project requires implementation within a single task due to the need to ensure close cooperation and inter-branch coordination. The inclusion of the various stages of the investment in a single task will ensure the efficient implementation of construction works and reduce the difficulties and nuisances for the environment associated with the implementation of this investment. The construction of cycling infrastructure within a single contract eliminates problems related to communication between entities and errors resulting from the transfer of materials necessary for the implementation of the subject of the contract. The lack of division into lots does not limit access to the contract for contractors in the SME sector. 11. In accordance with the provisions of the Act of 14 June 2024 on the protection of whistleblowers, the Contracting Authority has implemented a procedure for reporting breaches of the law and taking follow-up action, which is described in Order No 20/2024 of the Director of the ZDMiKP in Bydgoszcz of 18 September 2024, with annexes available in the Public Information Bulletin of the Municipal Roads and Public Transport Authority in Bydgoszcz https://bip.zdmikp.bydgoszcz.pl/index.php/procedure-notification-w-zdmikp
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