The purpose of the Proceedings is to elect a Private Partner (Contractor) and conclude a public-private partnership agreement within the meaning of the Public-Private Partnership Act.

The subject of the contract is the implementation by the Contractor — Private Partner in cooperation with the Contracting Authority — a Public Entity, an undertaking consisting in providing municipal wastewater treatment service by the Private Partner within the meaning of the Act on Collective Water Supply from the Site Municipalities in the treatment plant, whose Financing, Construction and Operation will be provided by the Private Partner under the terms specified in the Agreement and Laws, in exchange for Remuneration.

1. General scope of the subject of the contract - The subject of the contract is the implementation by the Contractor — Private Partner in cooperation with the Contracting Authority — Public Entity, the Undertaking consisting in providing by the Private Partner a municipal wastewater treatment service within the meaning of the Act about Collective Water Supply from the Municipality in the Treatment Plant, the Financing, Construction and Operation of which will be provided by the Private Partner under the terms specified in the Agreement and Laws, in exchange for Remuneration. In order to implement the project the task of the Private Partner will be

a. Construction Stage, understood as a stage of the Project lasting from the date of conclusion of the Agreement to the date of obtaining the Private Permit for Use and Water Law Permit by the Partner, comprising:

− Designing a Treatment Plant and obtaining an Environmental Decision and a Construction Permit,

− execution of construction works, installation and assembly works, purchase of equipment and technology as well as landscaping,

− financing of construction works, installation and assembly works, purchase of equipment and technology and land development,

− run the Boot,

− obtaining a Permit for Use and any other Administrative Decisions necessary for the commencement of the Operation of the Treatment Plant in accordance with the law.

b. Operation Phase — the stage of the project lasting from the day following the date of completion of the Construction Phase until the date of completion of the Agreement, covering the operation and maintenance of the constructed Treatment Plant, including, in particular, the treatment by the Private Partner of Municipal Wastewater from the territory of the Municipality of Czernica.

2. The Contracting Authority provides for the possibility of awarding additional contracts referred to in Article 455 (1) point 3 of the PZP Act, whereby, according to the requirements of the above-mentioned provision, the price increase caused by each subsequent change may not exceed 50% of the original value of the Agreement concluded with the Private Partner.

A detailed description of the subject of the contract includes the Functional and Utility Programme constituting Annex 5 to the Agreement and the Standard of Operation constituting Annex 6 to the Agreement.

4. The Contracting Authority informs that in accordance with Article 131 (2) (1) of the PZP Act requires the Contractors to carry out a local vision. Details of the local vision can be found in Chapter III of the SWZ.

5. Where reference is made in the technical documentation to the standards, technical assessments, technical specifications and technical reference systems referred to in Article 101 (1) (2) and (3) of the PZP Act, the Contracting Authority shall allow equivalent solutions, i.e. those which guarantee the execution of the subject of the order in accordance with the description of the subject of the order and ensure obtaining technical parameters not inferior to those established in the aforesaid documents. In such situations, the Contractor, before intending to incorporation such materials or use such solutions, is obliged to contact the Ordering Party in writing, in a timely manner, together with full documentation in order to carry out verification by the Contracting Authority and obtaining their acceptance on proposed materials or solutions.

6. The Contracting Authority does not provide for the requirements referred to in Article 94 of the PZP Act.

7. The Contracting Authority, pursuant to Article 7 (3a) of the PPP Act referred to in Article 95 (1) of the Polish National Action Act, does not require employment by the Contractor, subcontractor or further subcontractor of persons performing activities in the scope of the implementation of the Project, on the basis of an employment contract (pursuant to art. 22 § 1 of the Act of 26 June 1974 — Labour Code (single text. Journal of Laws of 2020, item 1320, as amended).

8. The contracting authority does not provide for the requirements referred to in Article 96 (2) (2) of the PZP Act.

For a detailed description of the order, see SWZ.