The Contracting Authority shall order the Contractor and the Contractor shall undertake an overview of the 3 maintenance level (P3) on 4 (words: four) electric traction units 40WEa series: 40WEa-004, 40WEa-006, 40WEa-007, 40WEa-008, according to maintenance system documentation No DSU 40EC 0130-1, on the rules specified in the contract and the description of the object of the order. The user of vehicles at the date of conclusion of the contract is the company “Koleje Małopolskie” Sp. z o.o. operating rail services on the basis of a contract for the provision of public services in the area of the Lesser Poland Voivodeship. The Contractor undertakes to review the third maintenance level (P3) of the 40WEa electric traction units to perform all work in accordance with:
1) the current maintenance system documentation (DSU) No 40EC 0130-1;
2) the technical and motion documentation (DTR) of vehicle number 40EC 0159-1 and the equipment installed therein;
3) relevant Polish standards, industry standards.
The Contractor undertakes to carry out all work and activities in accordance with the requirements of the current maintenance system documentation (DSU); technical and motion documentation (DTR) of the vehicle and equipment installed therein; the relevant Polish standards, the industry standards applicable during the period of the contract, the documentation of the safety management system in rail transport of the railway carrier “Koleje Małopolskie” sp. z o.o.
2. Actions shall be supervised by the Receiving Commissioner or an authorised representative of the Contracting Authority. The Contractor shall be responsible for the proper implementation of the contract, including the course and timely execution of the commissioned works, for the quality, compliance with the technical and quality conditions laid down for the subject matter of the contract (in particular DSU) and for the safety of the performance of the Contractor works. The Contractor shall be liable to the Contracting Authority and to third parties for damages resulting from or in connection with the implementation of the contract for reasons on the Contractor's side. The Contracting Authority shall have the right to supervise and control any activity performed by the Contractor in connection with the implementation of this Agreement. In the framework of the right to supervise and control the subject of the contract, the Contracting Authority shall have the right to: require explanations from the employees of the Contractor as to the scope and manner of the work carried out, to request documentation on the legalization of individual equipment, or to certificates for the parts and components used , perform tests and measurements both during and after the completion of each stage of work, request the removal of identified irregularities or even a halt to ongoing work. In connection with the performance of the obligations under this Agreement, the Contractor shall be obliged to: perform the activities resulting from the performance of the subject of the contract in accordance with the DSU, DTR and the requirements referred to in paragraph 1, as well as the principles of the technical knowledge in force; to comply with the applicable internal health and safety regulations on the territory of the services provided under this Agreement, together with the submission of a statement to read and comply with these regulations; ensure an adequate amount of its own employees, having the necessary qualifications and required by law the power to exercise the subject of the contract; to carry out the subject matter of the contract on all days of the week, including on statutory days, excluding the days referred to in Article 1 (1) of the Act of 18 January 1951 on the days of the day of the week free from work throughout the term of the contract; to provide in their own right and at their own expense the materials and parts needed to carry out the object of the contract; to provide the necessary equipment, the tools that are necessary to fulfil the obligations under this Agreement; keeping detailed documentation of the revision and repair operations performed, including the making of relevant entries in measurement cards resulting from DSU documentation, onboard books of powered vehicles, checklists, transfer protocols, whether the activity concerned has been performed and whether the damage and malfunctions in the operation of the vehicle's systems and components have been removed, with the name confirmation of the person making the alert; to notify the Contracting Authority promptly the need for warranty repairs of the vehicle by the vehicle manufacturer, or works additional, identified during the performance of the activities indicated in the contract. In case of justified necessity, the Contractor may, by e-mail, request the Contracting Authority to extend the period of the duration of the vehicle's remaining in review activities due to the warranty work of the vehicle manufacturer, to which the Contracting Authority may consent; employees of the Ordering Party for active, unpaid participation jointly with the employees of the Contractor in all maintenance activities.