The subject of the contract is a service covering the operation of a diesel and steam locomotive with a traction unit with a wagon composition consisting of 2 passenger coaches on the routes Wolsztyn - Poznań Główny - Wolsztyn and Wolsztyn - Leszno - Wolsztyn in the period from 11 June 2023 to 9 December 2023.
1. The subject of the contract is a traction service consisting in servicing the traction units of the Ordering Party's trains, consisting of the contractor's vehicles, carried out by steam traction and diesel traction on the terms set out in the Model Agreement - Annex 4 to the SWZ.
2. The Contractor shall be obliged to carry out the Subject of the Order with the Contractor's vehicles consisting of:
a. in the period from 11 June 2023 to 2 September 2023 - from a diesel locomotive and 2 passenger coaches, and
b. in the period from 3 September 2023 to 9 December 2023 - from a steam locomotive and 2 passenger coaches, subject to the provisions of paragraph 3.
3. Within the scope of the Subject of the Order executed in accordance with the provisions of paragraph 2 letter b), the contractor is entitled to replace the steam locomotive with a diesel locomotive (hereinafter referred to as "Replacement of the Train") in the amount of no more than 7 days falling in subsequent 30-day periods falling within the time limit referred to in paragraph 2 letter b), however, in the case of an incomplete period of 30 days, This dimension must be calculated on a pro rata basis. If the contractor uses the Replacement of the Warehouse, the Contractor is obliged to reimburse the Contracting Authority for the costs referred to in §4 section 10 of the Model Agreement.
4. The Contractor, as part of the Subject of the Contract, is obliged to:
a. running the Ordering Party's passenger trains, included in the annual timetable made available by PKP Polskie Linie Kolejowe S.A., the extract of which constitutes Annex 1 to the Model Agreement,
b. performing station manoeuvres of trainsets,
c. at the request of the train manager of the Ordering Party to perform activities aimed at preparing the contractor's vehicles for the implementation of the timetable, including heating of wagon compositions, to the extent necessary for the technical preparation of trainsets for the road, as well as ongoing preparation of traction teams for the implementation of the Subject of the Contract,
d. performing works related to the stop of trainsets at intermediate stations,
e. return the Contractor's vehicles to the stabling tracks.
5. Pursuant to Article 95 of the Public Procurement Law, the contracting authority requires the contractor or subcontractor to employ on the basis of an employment relationship persons performing activities in the field of contract performance, consisting in the operation of a diesel and steam locomotive (traction unit) and maintenance of vehicles used to provide the service in a proper state of cleanliness and sanitary-epidemiological condition, if the performance of these activities consists in performing work in the manner specified in Article 22 § 1 of the Act of 26 June 1974 - Labour Code (Journal of Laws of 2022, item 1510).
6. The provisions concerning the method of verifying the employment of these persons on the basis of an employment relationship and the rights of the Contracting Authority in the scope of control of the contractor's compliance with the requirements related to the employment of these persons and sanctions for failure to meet these requirements are included in the Model Agreement constituting Annex 4 to the SWZ.