The subject of the contract is the provision of services including the operation of an investment replacement for the Tasks of the following: “Establishment of Daily Support and Houses of Stay in the area covered by the revitalization”, (plot no. 208/8, 208/7, within 6 Sand Mountain), in the field of repair and reconstruction part of the building at 3 Rowecki Grotto Street in Wałbrzych, for the purposes of the SOW and PWD, together with the development of the adjacent area.
The duties of the Investor shall in particular include:
1) Administration of contracts concluded by the Contracting Authority with the Contractors of Works on the Task.
2) Fulfillment in replacement of the Ordering Party all the obligations arising from the implementation of the Task, as defined in the provisions of Polish law, and in particular the Construction Law 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 carrying out the activities provided for by the Construction Law of obtaining the required permits, decisions, notifications, opinions and approvals. 4) Fulfillment of a full industry investment supervision. In accordance with Article 25 of Construction Law:
(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) Fulfillment of obow. Substitute investor in the period prior to the implementation of the construction, detailed in §4 of the contract.
8) Fulfilling obow. Substitute investor during the period of implementation of the construction, detailed in §5 of the contract.
9) Fulfillment of obow. Substitute Investor related to the receipt of Works and transfer for use specified in §6 of the Agreement.
10) Fulfillment of obow. The Substitute Investor during the period warrants for defects resulting from contracts concluded by the Contracting Authority with the Contractors of Works, detailed in §7 of the Agreement.
11) Fulfillment of obow. Substitute Investor in the field of financial service of the Tasks and the resulting agreements concluded by the Contracting Authority with the Co-financing Institutions of the Task as detailed 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.
3. 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 of SWZ.
The Contracting Authority shall inform that, in the event of failure to lodge the measure in question, “Risk Analysis”, or if the evidence submitted is incomplete, the Contractor shall reject the Contractor's offer.