The subject of the contract is the performance by the Contractor for the Contracting Authority of works on Vehicles consisting in: 1. Review of the fourth maintenance level (P4) of four (4) Type 40WEa electric multiple units, EN64 series with numbers EN64-004, EN64-006, EN64-007 and EN64-008, in accordance with the scope specified in the Maintenance System Documentation No: DSU 40WEa 0130-1 (MILK V.1) in accordance with the procedure documentation. 2. Additional works beyond the permanent scope of the DSU, the need for which will be diagnosed by the Contractor in the course of inspections from the level of maintenance P4 for individual vehicles type 40WEa, series EN64 within the limit of the costs of these works indicated by the Ordering Party in § 6 sec. 1 lit. c) Draft provisions of the Agreement. 3. Optional works carried out under the Option Law indicated in § 23 of the Draft provisions of the contract for four (4) EN64 series electric multiple units indicated in point 1 above, in accordance with the description of the subject of the contract indicated in Annex 8 to the Draft provisions of the contract. 4. Preparation of technical documentation for the Vehicles indicated in point 1 taking into account all works carried out under the subject of the contract, including the preparation of accompanying documentation necessary for the proper implementation of these works and use of the Vehicles after the works have been carried out, updating the technical documentation of the Vehicles by the Contractor (in particular technical and operational documentation, spare parts catalog, maintenance system documentation – the form of a supplement is allowed) to the extent resulting from the works carried out together with granting the Contracting Authority a license to the technical documentation created during the implementation of the Agreement. During the term of the Contract, the entity responsible for maintaining the Vehicles will be the Ordering Party, provided that the Contractor has the following obligations: 1. The Contractor undertakes to provide the Contracting Authority with information on evidence suggesting that an item that has not been previously identified as critical to safety should be considered as such, in particular, it provides the Contracting Authority with information on maintenance issues beyond normal wear and tear. The Contracting Authority is responsible for the management of security-critical elements; 2. The Contractor undertakes to provide information on situations in which the safe movement of the Vehicle is compromised, in particular on the need to impose restrictions on use or specific operating conditions in respect of the Vehicles subject to the contract. The Contractor is obliged to perform all activities falling within the scope of the implementation of the maintenance level P4, in accordance with the applicable Maintenance System Documentation (DSU) referred to in the Regulation and the Technical and Operation Documentation (DTR). The Contractor shall provide the Ordering Party with a list of additional works beyond the permanent scope of the DSU, the need for which was diagnosed by the Contractor during the P4 review, together with a cost estimate for the performance of these works.The Contractor is obliged, as part of the contractual remuneration, to send all devices subject to calibration / legalization for its performance. Documentation of these activities, in particular inspection protocols (including calibration of equipment), certificates, legalizations, should be provided to the Ordering Party. If necessary, the Contracting Authority shall grant the Contractor an appropriate power of attorney to act on behalf of the Contracting Authority before authorities and other entities in order to implement the above obligation. If the DSU uses the terms ‘check’, ‘assessment of technical condition’, ‘inspection’ or other related terms, the defective or defective components detected during the check, inspection or evaluation shall be replaced with new ones, unless the Contracting Authority specifies otherwise. All the above mentioned activities should be reflected in a protocol with a legible signature of the Contractor of these activities, regardless of whether the model protocol (report) is in the DSU or not. Any work which is the subject of the contract shall be carried out by the Contractor in accordance with: 1. Technical documentation of the Vehicle and the devices installed in it: the applicable Maintenance System Documentation (DSU) for the EN64 series, DSU No 40WEa 0130- 1 (MOL V.1); b) the applicable Technical and Operation Documentation of devices, assemblies and subassemblies installed in Vehicles; 2. UIC standards and cards referenced in the Technical Documentation; 3. an extract from the provisions of the Safety Management System (SMS) and Maintenance Management System (MMS), including other provisions and decisions relating to the safe conduct of maintenance works in force at the Employer; relevant Polish Standards, Industry Standards in force during the term of the Agreement and necessary for the implementation of the subject of the contract; 4. internal regulations of the Ordering Party (instructions MK-1, MK-2, MK-5); 5. regulation of the Infrastructure Manager on which the Vehicles will move; 6. generally applicable provisions of law; 7. documentation held by the Ordering Party and made available to the Contractor regarding safety-critical elements in relation to the type of Vehicle. In the event that the rules for dealing with specific measuring devices and installations or when the parameters of the devices have been defined by legal provisions (in particular on rail transport or technical supervision), the Contractor is obliged to strictly comply with these provisions and the requirements formulated therein, whereby, if computer software is used to monitor and measure specific requirements, the Contractor is obliged to verify it in terms of its suitability for carrying out a given task as part of maintenance. In the absence of existing legislation, industry standards or standardisation acts, the Contractor shall have its own procedure for calibration or verification purposes.
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