The subject of the contract is the ongoing service of water supply and sewage systems in the city and commune of Kępno and the commune of Baranów, which also includes the collection of sewage sludge (code 19 08 05), screenings (code 19 08 01) and sand (code 19 08 02) from the Sewage Treatment Plant in Baranów, their loading, transport and development as well as taking over from the Employer pursuant to art. 23 'of the Labor Code of employees employed in positions related to the performance of the subject of the contract in the number specified in the list of employees' positions together with information on current employment, constituting Annex 2 to the ToR. A detailed description of the subject of the contract is included in Part II of the ToR - Description of the subject of the contract.
1. The subject of the contract is the ongoing service of water supply and sewage systems in the city and commune of Kępno as well as the commune of Baranów, which includes:
a) Operation and maintenance of the water supply network by: inspection works, renovation works, assembly works and cutting off from the water supply network;
b) Service and maintenance of the technological line of devices included in the water production system in the city and commune of Kępno and commune of Baranów: deep wells, technological pipelines, water treatment plants;
c) Service, maintenance of technological line and maintenance of order at the sewage treatment plant in Baranów;
d) Operation of the sewage disposal and treatment system as well as the collection and treatment of rainwater in the city and commune of Kępno and the commune of Baranów;
e) Collection of sewage sludge (code 19 08 05), screenings (code 19 08 01) and sand (code 19 08 02) from the Sewage Treatment Plant in Baranów, their loading, transport and management;
f) Takeover from the Employer pursuant to art. 23 'of the Labor Code, employees employed in positions related to the performance of the subject of the contract indicated in point 1 lit. a –w in the number specified in the List of employee positions together with information regarding current employment, constituting Annex 2 to the ToR.
A detailed description of the subject of the contract is included in Part II of the ToR.
The contracting authority requires that people who perform activities directly related to the performance of the contract, i.e. manual workers (in particular those carrying out works in the field of maintenance and ongoing maintenance, inspections and cleaning of the sewage network, works in the field of maintenance and ongoing maintenance, inspections and cleaning of the water supply network, removal of failures, service of SUW and sewage treatment plants) were employed on the basis of an employment contract .
To document this fact, within two weeks of signing the contract, the Contractor shall submit to the Employer a list of persons employed in the performance of the contract under the employment contract together with an indication of the activities they will perform. Then, at each written request of the Employer, the Contractor will be required to provide a list and documents confirming the employment of persons under a contract of employment in the performance of the contract.
In connection with the above, the Contractor, before commencing the performance of these persons, will provide the Employer with documents confirming the employment of these persons under an employment contract, e.g. copies of employment contracts or extracts from these contracts containing for the given person: name, period of employment, employer's name or copies of the registration of these people to ZUS. The employer of these persons should be the Contractor or one of the consortium partners, notified in accordance with the provisions of the Public Procurement Law, a subcontractor or a further subcontractor. Without submitting the above document, persons who must be employed under an employment contract will not be able to provide the services covered by the subject of the contract, and therefore will not be able to perform work through the fault of the Contractor. In other respects, documents confirming the employment of persons under an employment contract should be anonymized in accordance with the Personal Data Protection Act and the GDPR.
The authorized employee of the Employer is entitled to control the actual performance of work by persons employed under an employment contract. At each stage of the contract, the Employer may appoint a different person to control the performance of work by persons who are employees of the Contractor. If a person not employed under a contract of employment is staying at the construction site, which will be determined by the Employer or his representatives (staff), such a person will have to leave the workplace and the Contractor shall pay the contracting authority penalties of PLN 1,000.00 for each such case. The fact of such a person's presence at the workplace must be confirmed by a written note drawn up by the representatives of the Employer. The note does not have to be signed by the Contractor or his representatives