The subject of the contract is the provision of services related to the performance of the function of the Contract Engineer and supervision and settlement of works in the implementation of the project called: "Construction of a transport connection at 1 Maja – Krakowska Street in Częstochowa" as described in SWZ.

The Contract Engineer service includes, but is not limited to:

- management and coordination of construction implementation;

- supervision of construction works;

- supervising the proper implementation of the Contract.

The contract will be carried out in accordance with Polish law, in particular the Public Procurement Law of 11 September 2019, the Act of 7 July 1994 Construction Law and the Act of 10 April 2003 on special rules for the preparation and implementation of investments in the field of public roads. The service provider must ensure supervision in accordance with Polish law

in particular the provisions on independent technical functions in construction.

The Contractor shall be responsible, inter alia, for:

- managing the Contract on behalf of the Contracting Authority in close cooperation with it and on the basis of the authorizations and powers of attorney granted (including those described below), with a view to the successful completion of works in a quality-correct manner, within the prescribed deadlines and budget throughout the entire period of execution of works covered by the Contract to the extent specified in this SWZ;

- performing the function of an Engineer in accordance with the role assigned to the Contract Engineer in the Contract, as well as performing the function of an investor's supervision inspector in accordance with the provisions of Polish law and the provisions of relevant building permits, acting as a coordinator of the investor's supervision team within the meaning of Article 27 of the Construction Law;

- performing other activities referred to in the SWZ;

- supporting the Contracting Authority in all technical, administrative and financial activities related to the implementation of the Contract;

- providing services with due care, efficiency and diligence, in accordance with best professional practices and experience;

The Contractor will act in accordance with the provisions of applicable law. He shall be fully liable to the Purchaser and third parties for claims arising from any breach by the Contract Engineer and his employees or Subcontractors of the law and the provisions of the contract.

Supervision inspectors will be present at the construction site every day when works are carried out in a given industry.

The Contractor shall ensure a constant exchange of information with the Contracting Authority and the Contractor of construction works and coordination of its activities with the requirements of the Contracting Entity.

The Contractor will document on an ongoing basis in the form of digital photographs the progress of works on the Contract, especially disappearing and covered works. This material will be provided to the Ordering Party together with monthly reports. In the event that the progress of construction works is not satisfactory for reasons beyond the control of the Contractor, its obligations will include informing the Contracting Authority about all measures to be taken to remedy the situation and to fulfill the obligations arising from the construction contract.

The Contractor may perform the Agreement through Subcontractors in accordance with the content of the SWZ and the Offer. The Contractor must obtain the written approval of the Contracting Authority before directing its Subcontractors to perform the subject of the contract. The Contractor is responsible for the activities of the Subcontractors as for his own. The Ordering Party shall not be liable for any obligations of the Contractor towards Subcontractors and Subcontractors towards third parties.

The Contracting Authority shall appoint a Project Manager from its staff as the person responsible for the implementation of the Project.

The detailed scope of activities covered by the order is given in Annex 1 to the Agreement - Scope of Services - constituting Annex 11 to this SWZ.