The subject of the contract is the performance of an investment replacement for the investment task entitled “Construction of municipal buildings at Husarska Street and landscaping” in the field of construction of a D building and parking at the building and the construction of the internal road section together with places parking lots (o. no. 686, 687, 690, 692 and 217 v. no. 47 Podzamcze). In accordance with the construction permit Design Documentation, TSAW, Specification of the Conditions of Order, hereinafter referred to as “SWZ” and contracts concluded by the Contracting Authority with Contractors and institutions co-financing the Tasks and in accordance with applicable law, i.e. comprehensive legal services, financial and technical tasks, settlement of funds allocated by the Contracting Authority for their implementation, and cooperation in the implementation of contracts for funding of Tasks.
The subject of the order describe in detail:
1) Agreement,
2) Specification of the Order Terms,
3) Design documentation, developed by SK DESIGN Sylwia Grzondziel with its registered office at Os Street. Suneczne 14, 58-308 Dziećmorovice
4) Technical specification of performance and acceptance of construction works,
The duties of the replacement investor will include:
1) Administration of contracts concluded by the Ordering Party with the Contractors of Works on the Task.
2) Cooperation with the Contracting Authority in the implementation of contracts concluded by the Contracting Authority with the Co-financing Institutions of the Task.
3) Fulfilling in replacement of the Contracting Authority all 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.
4) Representing the Contracting Authority during the period of implementation of the Agreement to authorities, offices, courts, partners Tasks and other institutions, including carrying out the activities provided for by Construction Law related to obtaining the required permits, decisions, notifications, opinions and approvals.
5) Full-industry investor supervision in accordance with Article 25 of Construction Law:
(a) representing the Contracting Authority on the construction site by controlling the conformity of its implementation with the project and construction permit, regulations and technical knowledge principles,
(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) request from the construction manager and/or the managers of works to make amendments or re-execute defectively executed Works, and to request a halt to further Works in the event that their continuation could cause a threat or cause unacceptable incompatibility with the project or construction permit.
6) Cooperation with Designers under their authorial supervision.
7) Maintaining records of expenditures and settling Tasks.
8) The performance of the responsibilities of the Replacement Investor in the period prior to the implementation of the construction, specified in § 4 of the contract.
9) The performance of the responsibilities of the Replacement Investor during the period of construction, specified in § 5 of the contract.
10) The performance of the responsibilities of the Substitute Investor related to the receipt of Works and transfer to use, specified in § 6 of the contract.
11) The performance of the responsibilities of the Substitute Investor during the warranty period for defects arising from contracts concluded by the Contracting Authority with the Contractors of Works specified in § 7 of the contract.
12) The performance of the responsibilities of the Substitute Investor in the scope of financial servicing the Task and resulting from contracts concluded by the Contracting Authority with the Co-financing Institutions of the Task, as specified in § 8 of the Agreement.
13) Cooperation with the Ordering Party in possible investigation and enforcement from participants participating in the implementation of the Task, damages or contractual penalties for improper or untimely performance of contractual obligations and representation of the Contracting Party in possible disputes, the purpose of defence interests of the Ordering Party.