The subject of the contract is the provision of services including the operation of an investment replacement for the Task of the following: “Podzamczański skwer — construction of a fountain and landscaping between Hetmańska and Grodzka streets — Walbrzyski Partypacyjny Budget 2017". As part of this investment, an interblock interior on the Podzamcz will be developed, aimed at creating a communal recreation space with a fountain, walking paths, an outdoor gym, greenery and elements of small architecture (including benches, trees, pergolas) along with necessary infrastructure.
The duties of the replacement investor will include:
1) Administration of contracts concluded by the Contracting Authority with the Contractors of Works on the Task.
2) The fulfilment in replacement of the Ordering Party of all obligations arising from the implementation of the Task, as defined in the provisions of Polish law, and in particular Pb with implementing acts.
3) Representation of the Contracting Authority during the period of implementation of the Agreement to the authorities, offices, courts, partners of the Task and other institutions, including the performance of the necessary procedures for obtaining the required permits, decisions, notifications, opinions and approvals.
4. Full-industry investor supervision in accordance with Article 25 Pb:
(a) representation of the Contracting Authority on the construction site by checking compliance with its implementation with the design and construction permit, regulations and technical knowledge rules,
(b) verifying the quality of works and built-in construction products and, in particular, preventing the use of construction products defective and not authorised for use in construction,
(c) checking and receiving Works undergoing cover or disappearing, participating in technical trials and receipts of installations, technical equipment and preparing and participating in the final acceptance of Works and carrying out all activities related to their transfer for use,
(d) confirming the works actually performed and the removal of defects, as well as controlling the financial settlements of the Works,
(e) issuing instructions to the construction manager and/or works managers, confirmed by entry in the construction log, concerning: the removal of irregularities or hazards, the execution of tests or tests, also requiring the discovery of Works or covered elements, and the presentation of expert opinions on carried out Works and evidence of acceptance for use in construction of construction products and technical equipment,
(f) a request from the construction manager and/or the managers of the works to amend or re-execute defectively performed Works, as well as a request to withhold further Works in the event that their continuation may cause a threat or cause unacceptable incompatibility with the project or construction permit.
5) Cooperation with Designers in the framework of their copyright supervision.
6) Keeping records of outlays and clearing Tasks.
7) The performance of the duties of the Substitute Investor in the run-up to the implementation of the construction, as detailed in § 4 of the draft contract.
8) The performance of the duties of the Substitute Investor during the period of construction, detailed in § 5 of the draft contract.
9) The performance of the duties of the Substitute Investor related to the receipt of Works and transfer for use, as specified in § 6 of the Agreement.
10) The performance of the duties of the Substitute Investor during the period of warranty for defects resulting from contracts concluded by the Contracting Authority with the Contractors of Works, as specified in § 7 of the Agreement.
11) The performance of the duties of the Substitute Investor in the field of financial service of the Tasks specified in § 8 of the Agreement.
12) Cooperation with the Contracting Authority in possible investigation and enforcement of participants involved in the implementation of the Task, damages or contractual penalties for improper or untimely performance of contractual obligations and representation of the Contracting Authority in possible disputes, the purpose of defence interests of the Ordering Party.
Detailed responsibilities of the replacement investor are included in the proposed provisions of the contract.
In order to confirm that the services correspond to the criteria specified by the Contracting Authority, the Contracting Authority shall request that the Contractor, together with the tender, submit the document “Risk Analysis” described in Chapter XII. 5.5
The Contracting Authority shall inform that in the event of failure to lodge the measure in question “Risk Analysis” or where the evidence submitted is incomplete, the Contractor shall reject the Contractor's offer.