1. The subject of the contract is the maintenance service of traffic light devices and construction works in the field of emergency repairs of these devices after devastation and road collisions, performed in order to maintain them in constant technical efficiency (continuous operation) around the clock. Maintenance and emergency repairs of traffic light devices installed in communication routes within the administrative borders of the City of Bydgoszcz under the management of the Contracting Authority concern: 127 traffic lights with operating ASTERIT controllers operating under the control of the SCATS system (part of the ITS system) and ASR in the version from 2008PL to 2010PL, (including fiber optic connections with devices) along with software updates and controller elements traffic lights that are not part of the ITS system. During the execution of the order, the number of traffic light devices subject to maintenance and emergency repairs will not be increased.

3. A detailed description of the subject matter of the contract and the terms and conditions of performance of the contract are described in the draft provisions of the agreement, constituting Appendix. No. 1 to the Terms of Reference - template of the Agreement with attachments, including:

1) List of traffic lights - Appendix No. 2 to the Agreement,

2) specification of maintenance works (hereinafter referred to as SPK) - Appendix. No. 3 to the Agreement,

3) technical specification for the execution and acceptance of construction works related to emergency repairs of traffic light equipment (hereinafter referred to as SST) - Appendix. No. 4 to the Agreement,

and in the maintenance work valuation formula containing the amount of anticipated work - Appendix. No. 3 to the Terms of Reference and a template of the quotation cost estimate containing a bill of quantities for anticipated emergency repairs - Appendix No. 4 to the Terms of Reference.

4. The Contracting Authority declares that during the entire term of the Agreement, it will commission maintenance services for signalling devices at the level of not less than 10 months, and construction works for emergency repairs of these devices at the level of not less than 90% of the value of the offer cost estimate.

5. The Contracting Authority does not impose an absolute requirement to carry out a site visit, but suggests that it be carried out in the interest of the Contractor without the participation of the Contracting Authority.

6. Pursuant to Article 95(1) of the Public Procurement Law, the Contracting Authority requires the contractor or subcontractor to employ in the performance of the contract (throughout the term of the contract) under employment contracts within the meaning of the provisions of the Labour Code (Article 22 §1), persons directly performing the works, the so-called manual workers, m.in. electrical fitters (i.e. workers working on the assembly and/or repair of equipment or electrical installations), operators/drivers of machinery and construction vehicles. Therefore, this requirement does not apply to persons m.in. managers of construction works, suppliers of construction equipment and materials, or those verifying and making changes to the program part. A detailed description of the Contracting Authority's requirements in this respect can be found in the draft provisions of the agreement, which constitute Appendix. No. 1 to SWZ

7.The Contractor may entrust the performance of part of the contract to a subcontractor, subject to the prohibition described in point V.11. SWZ. With respect to subcontracting, the provisions of Articles 462-465 of the Public Procurement Law apply. The Contractor is obliged to indicate in the Offer and in the ESPD the parts of the contract (in % or material scope) which it intends to entrust to subcontractors, and the names of any subcontractors, if they are already known. The lack of a contractor's statement in this respect will mean that the contractor intends to perform the entire contract on its own. The contractor is liable for the actions, omissions and negligence of the subcontractor as for its own actions.

8. The Ordering Party does not divide the order into parts. Traffic lights as BDR devices work in coordination and in the ITS system. They are connected by a fiber-optic network. They are monitored and controlled remotely from the ITS center. The specificity of their work in the system and the impact on the safety and flow of road users' traffic does not allow for dividing the order into parts. Any division of the contract would result in excessive technical difficulties – lack of coordination between individual signalling devices operating in the system. In the case of equipment maintenance services and construction works consisting in their emergency repair after devastation and road collisions, carried out in order to maintain the entire system in constant technical efficiency around the clock, the need to coordinate the activities of various contractors implementing individual parts of the contract could seriously threaten the safety and flow of road users' traffic. The lack of division into lots does not limit access to the contract for contractors from the SME sector.

9. The Contracting Authority provides for the possibility of awarding contracts referred to in Article 214(1)(7) of the Public Procurement Law,

within 3 years from the date of awarding the basic contract, consisting in the repetition of similar services or construction works, if it has the financial means to perform them, to the maximum extent specified in Appendix I. No. 12 to the Agreement. In the event of the occurrence of the above-mentioned orders, a separate agreement will be concluded.