Contract Railway A

Reference: 9090/IREZA2/03406/01510/19/P
Website address where the Terms of Reference are located: https://zamowienia.plk-sa.pl
TENDER SPECIFICATIONS
(Terms of Reference)
FOR OPEN TENDERING

FOR THE DESIGN AND EXECUTION OF WORKS UNDER THE PROJECT
ENTITLED. "REVITALIZATION OF RAILWAY LINE NO. 207 ON
SECTION
TORUŃ WSCHODNI-CHEŁMŻA"
VOLUME I CONTRACTOR MANUAL (IDW)

VOLUME II TERMS AND CONDITIONS (TC)
VOLUME III FUNCTIONAL AND UTILITY PROGRAM (PFU)
VOLUME IV BREAKDOWN OF THE OFFER PRICE (RCO)
The project is co-financed by the European Union from the European Regional Development
Fund under the Regional Operational Program of the Kujawsko-Pomorskie Voivodeship for
2014-2020
Gdansk, 2019
Conditions Agreement for Tender Unlimited on Design i execution Works w Under Project pn. "Revitalization Line
Railway No 207 on Episode Torun Eastern– Chełmża"
CONTENTS
.......................................................................................................................................
GENERAL CONDITIONS................................................................................................15
.......................................................................................................................................
.......................................................................................................................................
SPECIFIC CONDITIONS.................................................................................................16
.......................................................................................................................................
CLAUSE ................................................................................................... 1
GENERAL PROVISIONS..........................................................
...................................................................................................16
...................................................................................................
Sub-CLAUSE .................................................................................................................... 1.1
DEFINITIONS............................................................................................ 16
....................................................................................................................
Sub-CLAUSE .................................................................................................................... 1.3
COMMUNICATIONS................................................................................ 21
....................................................................................................................
Sub-CLAUSE ............................................................................................................................. 1.5
ORDER OF.................................................................................................
PRECEDENCE OF .............................................................................................................................
DOCUMENTS .............................................................................................................................21
.............................................................................................................................
SubCLAUSE .................................................................................................................... 1.6
CONTRACT............................................................................................... ACT
....................................................................................................................21
....................................................................................................................
Sub-CLAUSE .................................................................................................................... 1.7
ASSIGNMENT........................................................................................... 22
....................................................................................................................
Sub-CLAUSE .................................................................................................................... 1.8
HANDLING...............................................................................................
.................................................................................................................... AND
....................................................................................................................
SUPPLY.................................................................................................... OF
DOCUMENTS .................................................................................................................... 22
....................................................................................................................
Sub-CLAUSE ............................................................................................................................. 1.9
ERRORS..................................................................................................... IN
............................................................................................................................. THE
CUSTOMER'S REQUIREMENTS.......................................................................................................
.............................................................................................................................22
.............................................................................................................................
SUB-CLAUSE 1.10
USE OF
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CONTRACTOR'S
DOCUMENTS BY
ORDERING PARTY..................................................................................23
....................................................................................................................
SUB-CLAUSE .................................................................................................................... 1.12
CONFIDENTIAL.......................................................................................
....................................................................................................................
DETAILS ....................................................................................................................27
....................................................................................................................
Sub-CLAUSE ............................................................................................................................. 1.13
COMPATIBILITY WITH RIGHTS........................................................... 27

.............................................................................................................................
Sub-CLAUSE ............................................................................................................................. 1.14
.............................................................................................................................JOINT
AND SEVERAL .............................................................................................................................
LIABILITY
ACTIVITIES.............................................................................................. 28
.............................................................................................................................
SUBCLAUSE 1.15
INFORMATION OBLIGATION
FULFILLED
BY
THE ORDERING PARTY
TOWARDS PERSONS SIGNING THE CONTRACT
ON BEHALF OF THE...............................................................................
CONTRACTOR......................................................................................... AND
....................................................................................................................
THIRD........................................................................................................
....................................................................................................................
PARTIES 28...............................................................................................
CLAUSE ................................................................................................... 2
CONTRACTING AUTHORITY.................................................. 30
...................................................................................................
Sub-CLAUSE .................................................................................................................... 2.1
....................................................................................................................RIGHT
.................................................................................................................... OF
ACCESS .................................................................................................................... TO
.................................................................................................................... THE
CONSTRUCTION ....................................................................................................................SITE
30 ....................................................................................................................
Sub-CLAUSE .................................................................................................................... 2.2
PERMITS,..................................................................................................
LICENCES .................................................................................................................... OR
....................................................................................................................
APPROVALS ....................................................................................................................30
....................................................................................................................
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Sub-CLAUSE .................................................................................................................... 2.4
ORGANISATION OF................................................................................
FINANCING .................................................................................................................... BY
.................................................................................................................... THE
CONTRACTING AUTHORITY........................................................................................................... 31
....................................................................................................................
SUBCLAUSE ............................................................................................................................. 2.5
CLAIMS..................................................................................................... OF
THE PURCHASER .............................................................................................................................31
.............................................................................................................................
SUB-CLAUSE 2.6
IT
SYSTEM
FOR
CLEARING
AND
MONITORING........................................................................................... THE
SETTLEMENT OF..................................................................................... THE
....................................................................................................................
CONTRACT 31..........................................................................................
SUBCLAUSE ............................................................................................................................. 2.7
.............................................................................................................................FINAL
.............................................................................................................................
ACCEPTANCE .............................................................................................................................32
.............................................................................................................................
CLAUSE ................................................................................................... 3
ENGINEER................................................................................ 32
...................................................................................................
SubKL
AUZULA.................................................................................................... 3.1
DUTIES......................................................................................................
AND .............................................................................................................................
AUTHORIZATIONS OF ............................................................................................................................. THE
ENGINEER .............................................................................................................................32
.............................................................................................................................
CLAUSE ................................................................................................... 4
CONTRACTOR.......................................................................... 33
...................................................................................................
Sub-CLAUSE ............................................................................................................................. 4.1
GENERAL..................................................................................................
OBLIGATIONS OF ............................................................................................................................. THE
CONTRACTOR .............................................................................................................................33
.............................................................................................................................
Sub-CLAUSE .................................................................................................................... 4.2
PERFORMANCE.......................................................................................
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SECURITY ....................................................................................................................37
....................................................................................................................
Sub-CLAUSE .................................................................................................................... 4.3
REPRESENTATIVE OF............................................................................ THE

CONTRACTOR ....................................................................................................................39
....................................................................................................................
SUB-CLAUSE .................................................................................................................... 4.4
SUBCONTRACTORS................................................................................ 39
....................................................................................................................
Sub-CLAUSE .................................................................................................................... 4.8
SAFETY.....................................................................................................
PROCEDURES ....................................................................................................................44
....................................................................................................................
Sub-CLAUSE ............................................................................................................................. 4.9
QUALITY...................................................................................................
ASSURANCE .............................................................................................................................46
.............................................................................................................................
Subclause .................................................................................................................... 4.10
....................................................................................................................DATA
.................................................................................................................... ON
.................................................................................................................... THE
....................................................................................................................
47 ....................................................................................................................
Sub-CLAUSE .................................................................................................................... 4.13
RIGHTS...................................................................................................... OF
PASSAGE .................................................................................................................... AND
....................................................................................................................
INSTALLATIONS ....................................................................................................................47
....................................................................................................................
Sub-CLAUSE .................................................................................................................... 4.14
AVOIDING................................................................................................
INTERFERENCE ....................................................................................................................48
....................................................................................................................
Sub-CLAUSE ............................................................................................................................. 4.18
ENVIRONMENTAL PROTECTION.........................................................
.............................................................................................................................49
.............................................................................................................................
Sub-CLAUSE 4.20........................................................................................
CUSTOMER'S........................................................................
EQUIPMENT.............................................................................................
AND ................................................................................................
MATERIAL................................................................................................
TO ................................................................................................
BE RELEASED..........................................................................................
FREE OF CHARGE...................................................................................49
Subclause ....................................................................................................................
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4.21............................................................................................................
PROGRESS REPORTS..............................................................................
....................................................................................................................
49................................................................................................................
Sub-CLAUSE .................................................................................................................... 4.22
SECURING................................................................................................ THE
....................................................................................................................
51 ....................................................................................................................
Sub-CLAUSE .................................................................................................................... 4.24
EXCAVATIONS........................................................................................ 51
....................................................................................................................
SUB-CLAUSE .................................................................................................................... 4.25
....................................................................................................................
...................................................................................................................
PROGRESS ....................................................................................................................
DELIBERATIONS .................................................................................................................... 52
....................................................................................................................
Sub-CLAUSE ................................................................................................................... 4.26
CONSTRUCTION LOG...........................................................................
...................................................................................................................52
...................................................................................................................
SUBCLAUSE .................................................................................................................... 4.27
ASSIGNMENT OF.....................................................................................
....................................................................................................................
SUBCONTRACTING 53...........................................................................
....................................................................................................................
CLAUSE ................................................................................................... 5
DESIGN...................................................................................... 53
...................................................................................................
Sub-CLAUSE .................................................................................................................... 5.1
GENERAL..................................................................................................
....................................................................................................................
PROJECT
COMMITMENTS 53..................................................................................
Sub-CLAUSE .................................................................................................................... 5.2
CONTRACTOR DOCUMENTS................................................................
....................................................................................................................54
....................................................................................................................
Sub-CLAUSE ............................................................................................................................. 5.3
UNDERTAKE............................................................................................
............................................................................................................................. BY
............................................................................................................................. THE
CONTRACTOR .............................................................................................................................55
.............................................................................................................................
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Sub-CLAUSE .................................................................................................................... 5.6
....................................................................................................................AS-
BUILT DOCUMENTATION................................................................................................................
....................................................................................................................56
....................................................................................................................
SUB-CLAUSE .................................................................................................................... 5.7
....................................................................................................................
OPERATING .................................................................................................................... AND
....................................................................................................................
MAINTENANCE MANUALS.............................................................................................................. 56
....................................................................................................................
CLAUSE .................................................................................................... 6
MANAGERIAL STAFF...............................................................
.................................................................................................... AND
....................................................................................................
WORKFORCE........................................................................... 57
....................................................................................................
Subclause .................................................................................................................... 6.5
WORKING.................................................................................................
HOURS ....................................................................................................................57
....................................................................................................................
Subclazu LA................................................................
6.6 ......................................................................
PREMISES...........................................................
AND.....................................................................
EQUIPMENT.......................................................
FOR...................................................................
......................................................................
MANAGERIAL PERSONNEL AND............................................
WORKFORCE 57
Sub-CLAUSE .................................................................................................................... 6.7
HEALTH....................................................................................................
AND ....................................................................................................................
SAFETY ....................................................................................................................57
....................................................................................................................
Sub-CLAUSE .................................................................................................................... 6.8
MANAGEMENT OF THE.........................................................................
CONTRACTOR ....................................................................................................................58
....................................................................................................................
Sub-CLAUSE .................................................................................................................... 6.9
....................................................................................................................
CONTRACTOR'S ....................................................................................................................STAFF
.................................................................................................................... 59
....................................................................................................................
Sub-CLAUSE .................................................................................................................... 6.10
....................................................................................................................LISTS
.................................................................................................................... OF
PERSONNEL .................................................................................................................... AND
....................................................................................................................
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EQUIPMENT .................................................................................................................... OF
THE CONTRACTOR ....................................................................................................................60
....................................................................................................................
Subclause .................................................................................................................... 6.12
FOREIGN...................................................................................................
PERSONNEL .................................................................................................................... AND
....................................................................................................................
WORKERS ....................................................................................................................60
....................................................................................................................
CLAUSE ................................................................................................... 7
APPLIANCES,...........................................................................
MATERIALS ................................................................................................... AND
...................................................................................................
WORKMANSHIP ...................................................................................................61
...................................................................................................
Sub-CLAUSE .................................................................................................................... 7.1
IMPLEMENTATION................................................................................. 61
....................................................................................................................
SUB-CLAUSE .................................................................................................................... 7.4
MAKING THE B........................................................................................

....................................................................................................................
62................................................................................................................
SUB-CLAUSE ............................................................................................................................. 7.7
OWNERSHIP OF.......................................................................................
EQUIPMENT ............................................................................................................................. AND
.............................................................................................................................
MATERIALS .............................................................................................................................63
.............................................................................................................................
Sub-CLAUSE .................................................................................................................... 7.9
CONTROL TRENCHES............................................................................
....................................................................................................................63
....................................................................................................................
SUB-CLAUSE .................................................................................................................... 7.10
....................................................................................................................
DEMOLITION..........................................................................................
MATERIALS .................................................................................................................... AND
WASTE 63..................................................................................................
SUB-CLAUSE 7.11 REQUIREMENTS RELATING TO THE
ORGANISATION OF TRAIN MOVEMENTS
...... 65
CLAUSE ................................................................................................... 8
COMMENCEMENT,...................................................................
DELAYS ................................................................................................... AND
...................................................................................................
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SUSPENSION ...................................................................................................65
...................................................................................................
Sub-CLAUSE ............................................................................................................................. 8.1
COMMENCEMENT OF............................................................................
WORKS .............................................................................................................................65
.............................................................................................................................
Sub-CLAUSE .................................................................................................................... 8.3
SCHEDULE............................................................................................... 66
....................................................................................................................
SUBCLAUSE ............................................................................................................................. 8.4
EXTENSION..............................................................................................
............................................................................................................................. OF
THE TIME TO .............................................................................................................................
COMPLETE .............................................................................................................................70
.............................................................................................................................
SUB-CLAUSE ....................................................................................................................
8.7..............................................................................................................
INDEMNIFICATION.................................................................................
.................................................................................................................... FOR
DELAY ....................................................................................................................71
....................................................................................................................
Subclause .................................................................................................................... 8.13
STAGES..................................................................................................... 74
....................................................................................................................
CLAUSE .................................................................................................... 10
TAKEOVER................................................................................ BY
.................................................................................................... THE
CONTRACTING AUTHORITY...................................................................................... 74
....................................................................................................
SUB-CLAUSE .................................................................................................................... 10.1
TAKING OVER......................................................................................... OF
WORKS .................................................................................................................... AND
....................................................................................................................
SECTIONS ....................................................................................................................74
....................................................................................................................
Sub-CLAUSE ............................................................................................................................. 10.2
TAKING OVER......................................................................................... OF
PART ............................................................................................................................. OF
THE WORKS .............................................................................................................................75
.............................................................................................................................
CLAUSE .................................................................................................... 11
LIABILITY...................................................................................
FOR ....................................................................................................
DEFECTS ....................................................................................................76
....................................................................................................
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SUBCLAUSE ............................................................................................................................. 11.1
COMPLETION........................................................................................... OF
OUTSTANDING .............................................................................................................................
WORK ............................................................................................................................. AND
.............................................................................................................................
RECTIFICATION ............................................................................................................................. OF
DEFECTS .............................................................................................................................76
.............................................................................................................................
SUB-CLAUSE ............................................................................................................................. 11.2
.............................................................................................................................COST
OF .............................................................................................................................
RECTIFICATION .............................................................................................................................
77................................................................................................................
SUB-CLAUSE ............................................................................................................................. 11.3
EXTENSION.............................................................................................. OF
THE DEFECT REPORTING PERIOD.................................................................................................
.............................................................................................................................
77................................................................................................................
Sub-CLAUSE ............................................................................................................................. 11.5
REMOVAL................................................................................................. OF
DEFECTIVE ............................................................................................................................. PART
OF .............................................................................................................................
WORKS .............................................................................................................................77
.............................................................................................................................
SubCLAUSE ............................................................................................................................. 11.9
CERTIFICATE OF.....................................................................................
EXECUTION .............................................................................................................................77
.............................................................................................................................
CLAUSE .................................................................................................... 12
OPERATIONAL TESTS.............................................................
....................................................................................................78
....................................................................................................
SUB-CLAUSE .................................................................................................................... 12.1
....................................................................................................................FIELD
.................................................................................................................... TEST
....................................................................................................................
PROCEDURE 78........................................................................................
CLAUSE .................................................................................................... 13
AMENDMENTS..........................................................................
AND CORRECTIONS................................................................................................... 78
....................................................................................................
SUBCLAUSE .................................................................................................................... 13.3
AMENDMENT PROCEDURE..................................................................
....................................................................................................................78
....................................................................................................................
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SUBCLAUSE ................................................................................................................... 13.5
CONTINGENT AMOUNTS.....................................................................
...................................................................................................................79
...................................................................................................................
Subclause .................................................................................................................... 13.6
....................................................................................................................DAILY
WORK ....................................................................................................................
80................................................................................................................
Sub-CLAUSE .................................................................................................................... 13.7
CORRECTIONS.........................................................................................
....................................................................................................................
RESULTING FROM ....................................................................................................................
CHANGES ....................................................................................................................
IN THE.......................................................................................................
LEGAL
STATUS 80................................................................................................
SUB-CLAUSE .................................................................................................................... 13.8
ADJUSTMENTS........................................................................................ DUE
TO ....................................................................................................................
COST CHANGES.....................................................................................
....................................................................................................................80
....................................................................................................................
CLAUSE .................................................................................................... 14
CONTRACT PRICE....................................................................
.................................................................................................... AND
....................................................................................................
PAYMENT ....................................................................................................83
....................................................................................................
Sub-CLAUSE .................................................................................................................... 14.1
....................................................................................................................
CONTRACT PRICE.................................................................................. 83
....................................................................................................................
Sub-CLAUSE ............................................................................................................................ 14.2
............................................................................................................................
PRE-FINANCING.................................................................................... 84
............................................................................................................................
SUB-CLAUSE 14.3
....................................................................................................................
APPLYING FOR........................................................................................
AN INTERIM.............................................................................................
PAYMENT
....................................................................................................................
CERTIFICATE 84......................................................................................
Sub-CLAUSE ............................................................................................................................. 14.4
.............................................................................................................................LIST
OF .............................................................................................................................
PAYMENTS .............................................................................................................................87
.............................................................................................................................
SUB-CLAUSE .................................................................................................................... 1
4.5...............................................................................................................
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EQUIPMENT.............................................................................................
AND ....................................................................................................................
MATERIALS ....................................................................................................................
INTENDED FOR ....................................................................................................................
WORKS..................................................................................................... 87
....................................................................................................................
SUB-CLAUSE ............................................................................................................................. 14.6
.............................................................................................................................ISSUE
............................................................................................................................. OF
INTERIM .............................................................................................................................
PAYMENT CERTIFICATES................................................................................................................
.............................................................................................................................89
.............................................................................................................................
SUBCLAUSE ............................................................................................................................. 14.7
PAYMENT................................................................................................. 90
.............................................................................................................................
SubCLAUSE .................................................................................................................................. 14.8
..................................................................................................................................LATE
..................................................................................................................................
PAYMENT ..................................................................................................................................91
..................................................................................................................................
SUB-CLAUSE ............................................................................................................................. 14.9
PAYMENT.................................................................................................
............................................................................................................................. OF
RETAINED
AMOUNT 92..............................................................................................
SUBCLAUSE ............................................................................................................................. 14.10
.............................................................................................................................FINAL
SETTLEMENT .............................................................................................................................
92................................................................................................................
SUBCLAUSE ............................................................................................................................. 14.11
APPLICATION FOR..................................................................................
.............................................................................................................................
FINAL .............................................................................................................................
PAYMENT
CERTIFICATE 92......................................................................................
.............................................................................................................................
SUB-CLAUSE ............................................................................................................................. 14.13
.............................................................................................................................ISSUE
OF ............................................................................................................................. THE
FINAL .............................................................................................................................
PAYMENT CERTIFICATE..................................................................................................................
.............................................................................................................................
93................................................................................................................
CLAUSE .................................................................................................... 15
WITHDRAWAL........................................................................... BY
.................................................................................................... THE
ORDERING PARTY ....................................................................................................94
....................................................................................................
Sub-CLAUSE ............................................................................................................................. 15.2
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WITHDRAWAL........................................................................................ BY
............................................................................................................................. THE
ORDERING PARTY .............................................................................................................................94
.............................................................................................................................
Sub-CLAUSE ............................................................................................................................. 15.5
.............................................................................................................................
PURCHASER'S .............................................................................................................................
RIGHT ............................................................................................................................. OF
.............................................................................................................................
WITHDRAWAL .............................................................................................................................97
.............................................................................................................................
CLAUSE .................................................................................................... 16
SUSPENSION.............................................................................
AND ....................................................................................................
WITHDRAWAL .................................................................................................... BY
.................................................................................................... THE
CONTRACTOR ....................................................................................................97
....................................................................................................
Sub-CLAUSE .................................................................................................................... 16.1
....................................................................................................................
CONTRACTOR'S RIGHT.........................................................................
.................................................................................................................... TO
....................................................................................................................
SUSPEND ....................................................................................................................
WORK 97 ....................................................................................................................
Sub-CLAUSE ............................................................................................................................. 16.2
WITHDRAWAL........................................................................................ BY
............................................................................................................................. THE
CONTRACTOR .............................................................................................................................98
.............................................................................................................................
CLAUSE .................................................................................................... 17
....................................................................................................RISK
.................................................................................................... AND
....................................................................................................
LIABILITY 98..............................................................................
SUB-CLAUSE 17.4
EFFECTS OF
HAZARDS
PRESENTING RISKS
ORDERING PARTY..................................................................................98
....................................................................................................................
SUB-CLAUSE
17.7 USE OF
BACK
FACILITIES
ORDERING PARTY..................................................................................99
....................................................................................................................
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INSURANCE
CLAUSE...................................................................................... 18
....................................................................................................99
....................................................................................................
SUB-CLAUSE .................................................................................................................... 18.1
GENERAL..................................................................................................
....................................................................................................................
...................................................................................................................
INSURANCE
REQUIREMENTS 99.................................................................................
....................................................................................................................
Sub-CLAUSE .................................................................................................................... 18.2
....................................................................................................................
CONTRACTOR'S ....................................................................................................................
WORKS.....................................................................................................
AND EQUIPMENT ....................................................................................................................
INSURANCE 102 ....................................................................................................................
SUBCLAUSE 18.3
....................................................................................................................
INSURANCE AGAINST THIRD PARTY INJURY AND........................
DAMAGE................................................................................................... TO
PROPERTY 103.........................................................................................
SUBCLAUSE .................................................................................................................... 18.5
COVER.......................................................................................................
AGAINST ....................................................................................................................
DESIGN.....................................................................................................
ERRORS 105..............................................................................................
....................................................................................................................
CLAUSE .................................................................................................... 20
CLAIMS,......................................................................................
DISPUTES .................................................................................................... AND
....................................................................................................
ARBITRATION ....................................................................................................107
....................................................................................................
SUB-CLAUSE .................................................................................................................... 20.2
DESIGNATION OF...................................................................................
.................................................................................................................... A
DISPUTE ....................................................................................................................
SETTLEMENT ....................................................................................................................
COMMISSION 107 ....................................................................................................................
Sub-CLAUSE 20.3...................................................................
FAILURE..........................................................
TO AGREE ON THE........................................
COMPOSITION .......................................................................... OF
THE CONCILIATION COMMISSION................................................
IN DISPUTES.......................................................107
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....................................................................................................................
Sub-CLAUSE 20.4....................................................................................
OBTAINING.............................................................................................. A
DECISION .................................................................................................................... OF
THE ....................................................................................................................
DISPUTE ....................................................................................................................
SETTLEMENT COMMISSION 107.....................................................................................................
Sub-CLAUSE .................................................................................................................... 20.5
SETTLEMENT...........................................................................................
....................................................................................................................107
....................................................................................................................
SUBCLAUSE .................................................................................................................... 20.6
ARBITRATION......................................................................................... 108
....................................................................................................................
SUB-CLAUSE 20.7 FAILURE TO COMPLY WITH A
DECISION OF THE CONCILIATION BOARD
.................................................................................................................... IN
DISPUTES..................................................................................................108
....................................................................................................................
Sub-CLAUSE 20.8
....................................................................................................................
TERMINATION OF ..................................................................................
THE DISPUTE..........................................................................................
SETTLEMENT COMMISSION.................................................................
108..............................................................................................................
ANNEXES TO THE AGREEMENT:
APPENDIX No. 1 to Special Conditions – Material and Financial Schedule; Template of daily, weekly
and monthly reports on the progress of work;
APPENDIX No. 2 to the Special Conditions - Non-disclosure Agreement;
APPENDIX No. 3 to the Special Conditions - Agreement for entrusting the processing of personal data;
APPENDIX No. 4 to Special Conditions - Statement of the Author of the Documentation;
APPENDIX No. 5 to Special Conditions - Contractor's Statement; APPENDIX No. 6 to Special
Conditions - Bank guarantee for the return of advance paymentsand;
APPENDIX No. 7 to the Special Conditions - Work safety rules during investment, revitalization,
maintenance and renovation works performed by employees of external entities on the premises of PKP
Polskie Linie Kolejowe S.A. and Guidelines on how to provide information and inform employees of an
external entity about threats to health and life during work on the premises of PKP Polskie Linie Kolejowe
S.A. - Ibh-105;
APPENDIX No. 8 to the Special Conditions - Regulations of the Contracting Authority to be applied
by the Contractor;
APPENDIX No. 9 to Special Conditions - Warranty Card Template .
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AGREEMENT
(Agreement Act)
Contract No . (contract number ) for [...]
This Agreement was concluded on ..................... in .............[city] between:

PKP Polskie Linie Kolejowe S.A. with its registered office in Warsaw
Targowa 74, 03-734 Warsaw
entered into the Register of Entrepreneurs of the National Court Register under number 0000037568, kept by the
District Court for the m.st. Warsaw in Warsaw, XIII Commercial Division of the National Court
Register, with share capital [...] PLN, fully paid
NIP: PL 113-23-16-427, REGON: 017319027
represented by:
(name, surname of the 1st representative of the Contracting Entity) and (position
1) ( name, surname of the 2nd representative of the Contracting Entity) and
(position 2) hereinafter referred to as the "Ordering Party"
a
(Contractor's company name )
(Contractor's company address )
entered into the register of entrepreneurs of the National Court Register under the number (KRS number
of the Contractor) kept by the District Court (name of the Court ), (division number ) Commercial
Division of the National Court Register , o share capital [...] fully paid* (*leave and supplement if the
Contractor is a joint-stock company or a limited joint-stock partnership),
NIP: (Contractor's NIP), REGON: (REGON Contractor)

represented by:
(name, surname of the 1st representative of the Contractor) and (position
1) (name, surname of the 2nd representative of the Contractor) and
(position 2 ) hereinafter referred to as the "Contractor".
The Contracting Authority and the Contractor are hereinafter jointly referred to as the "Parties", and each
individually as a "Party".
The agreement will be co-financed by the Kujawsko-Pomorskie Voivodeship represented by the Board of
the Kujawsko-Pomorskie Voivodeship from the European Regional Development Fund under the
Regional Operational Programme of the Kujaws Ko-Pomorskie Voivodeship for the years 2014-2020.
Taking into account that the Contracting Authority conducted a public procurement procedure for the
design and execution of works for the task entitled "Revitalization of railway line No.
207 on the section Toruń Wschodni – Chełmża", hereinafter referred to as the "Works" and that the
Contracting Authority has selected the Contractor's offer for the performance of these Works and the
removal of defects and defects revealed therein, The Parties to this Agreement agree as follows:
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Page 16 with 108
§ 1.
The following documents shall be deemed and read and interpreted as parts of this Agreement (Agreement Act)
in the following order of precedence:
1) special conditions,
2) General Terms and Conditions,
3) Annexes to the Agreement,
4) Specification of Essential Terms of Contract (ToR) together with questions and answers and
changes to the Terms of Reference No. (number) of (date),
5) Dated Offer (offer date) together with Appendices to this Offer and completed Offer Price
Breakdown ,
6) Any other documents created in the course of implementation and recognized by both Parties as part of
the Agreement.
§ 2.
The Contractor hereby undertakes to design and execute the Works within ...............
months (the deadline depends on the Contractor's declaration contained in the offer), from the Start Date, in
accordance with SubCLAUSE 8.1 of the Special Conditions.
§ 3.
The Contracting Authority hereby agrees with the Contractor that it will pay him for the design and execution
of the Works and for the removal of any defects and defects:
(In the case of a Contractor subject to the obligation to pay value added tax on the territory of the Republic of
Poland )
Accepted contract amount ...............................................................................PLN
(słownie............................................................................................................PLN),
which consists of:
 Net Value of Works (amount)
PLN (in words: (amount in
words) PLN)
 costs of substitute communication indicated in the Offer Price Breakdown (PLN amount) (in
words: (amount in words) PLN)
value added tax (VAT)........................................................................PLN
(słownie.....................................................................................................PLN),
with the proviso that for each payment the tax on goods and services will be paid at the rate applicable on
the day of performance of the service
In the case of a foreign Contractor who, according to the submitted written statement, will not settle the tax on goods
and services on the territory of the Republic of Poland or in the event that only the Contracting Authority will
be obliged under Polish law to pay the tax on goods and services for a given service/services as recipient of
services provided by an entity not having a place of residence or registered office in the territory of the Republic of
Poland:
 Net Value of Works (amount)
PLN (in words: (amount in
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words) PLN)
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 costs of substitute communication indicated in the Offer Price Breakdown (PLN amount) (in
words: (amount in words) PLN)
with the proviso that VAT will be settled in such a situation by the Ordering Party;
or the amount that may be due pursuant to the provisions of the Agreement within the time limits and in the
manner provided for in the Agreement ("Contract Price"). VAT will be settled in accordance with
applicable regulations (at the rate applicable on the day of service performance), Polish law and international
agreements regarding the implementation of the project VAT and other taxes will be regulated in Polish zlotys
from the Ordering Party's own resources.
§ 4.
The remuneration due to the Contractor shall be payable to the bank account indicated on the invoice
correctly issued by the Contractor. The Contractor shall each time notify the Contracting Authority of any
change in the bill indicated by the Contractor on the previous invoice in a separate letter.
Provisions applicable in the event that the contract is signed with the Contractor who is one entity.
1. The Participants of the Consortium referred to in Sub-CLAUSE 1.1.2.13 of the Special Conditions are
obliged to authorize in writing the participant of the Consortium (hereinafter referred to in the
Agreement as the lead partner or leader) referred to in Sub-CLAUSE 1.1.2.13 of the Special
Conditions to issue invoices to the Ordering Party documenting all the Works performed by all
participants of the Consortium. In such a situation, the entire remuneration due to the Contractor will
be payable to the bank account indicated in the invoice correctly issued by the leader of the
Consortium. Each time the Consortium leader and the Ordering Party should notify the Consortium
leader of each time about each change in the bank account indicated by the Consortium leader on the
previous invoice in a separate letter.
2. Each of the participants of the Consortium who is not bound by the authorization referred to in
paragraph 1 – as a result of its expiry – is entitled to issue invoices to the Ordering Party documenting
the Works performed by it. The remuneration due to such a participant of the Consortium shall be
payable to the bank account indicated in the invoice correctly issued by him, after prior confirmation
by the Engineer in the relevant Interim Payment Certificate that the invoiced Works actually were made
by the issuer of invoices. In the event of a dispute between the participants of the Consortium
regarding the scope of the Works performed by them, the position of the Engineer will be decisive –
in terms of settlements between the Contracting Authority and the Contractor – to which all participants of
the Consortium agree. The above does not exclude the right of the Contracting Authority, which, at its
discretion, may pay the agreed remuneration to the hands of one of the participants of the Consortium,
and by satisfying any of them, the obligation to pay the agreed remuneration will expire with respect
to all entities included in the Consortium (joint and several creditors).
Provisions applicable if the contract is signed with the Contractor being the Consortium.
§ 5.
A significant change in the provisions of the Agreement in relation to the content of the Contractor's offer
is possible in the event of one of the following circumstances in the scope and under the conditions
specified below:
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1. In the event of certain actions or their omission by state administration bodies, including central and
local government administration bodies , as well as bodies and entities whose activity requires the
issuance of any decision, conditions, permits, arrangements, permits and certificates, in the course of
performing the subject of this Agreement, in Particular:
a) delays in issuing decisions, conditions, permits, arrangements, permits and certificates by the
above-mentioned authorities and/or other entities, which they are obliged to issue under the law
or regulations,
b) refusal or modification of the issuance by the above-mentioned authorities and/or other entities of
decisions, conditions, permits, arrangements, permits and certificates,
c) issuance by the above-mentioned authorities and/or other entities of decisions, conditions,
permits, arrangements, permits, certificates, etc. regarding the closure of public roads or railways or
reconstruction of network operator installations in which the permissible driving time has been
prescribed works that make it impossible to meet the deadlines for the implementation of
individual Stages or Stages, which the Contractor did not foresee or could not foresee with due
diligence expected from an experienced Contractor;
unless their creation is or was not in any way dependent on the Contractor, the Time for Completion
may change, according to the duration of the obstacle /collicity,
referred to above, and which prevent the implementation of the subject of this Agreement, in accordance
with its content and in a proper manner, as well as the time of completion of the Stage or Stages and
the scope of the Stage or Stages.
2. If the competent authority limits the funds granted to the Ordering Party for the implementation of the
subject of the Agreement, the material scope of the subject of the Agreement, the accepted
Contractual Amount and the Time for Completion may be limited , without any negative financial
consequences for the Ordering Party. The Ordering Party shall notify the Contractor of the
intention to limit the subject of the Agreement in writing, within 30 days from the date of becoming
aware of the limitation of financial resources. In such a situation, the Contractor agrees to the change if
the Contracting Authority pays the Contractor for the Materials and Equipment, provided that they are
necessary for the proper performance of the Works and have been delivered to the Construction Site or the
delivery of which the Contractor is obliged to accept, and the Contractor shall have and present to
the Ordering Party all documents confirming the purchase, ownership or prepayment for the
purchase of Materials and Equipment in order to transfer ownership and/or ensure the transfer of
ownership and/or ensure their delivery to the Construction Site.
3. Other changes due to the following circumstances:
a) changes caused by extremely unfavourable atmospheric conditions, making it impossible to carry
out Works, carry out tests and checks, acceptances, and lasting for a period affecting the
observance of the Time for Completion or the date of completion of the Stage or Stages – in
this case , the following will change:
the manner of execution or materials and technologies of Works or Devices, to the extent
allowing for the execution of Works in a proper manner, or
the scope of the Stage or Stages or the Time for Completion or the dates of completion of the
Stage or Stages according to the duration of the obstacle that prevents the implementation of the
subject matter of this Agreement, in accordance with its content and in an appropriate manner.
Extremely unfavorable weather conditions are those conditions that together:
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(i) taking into account the requirements of technological regimes determining the execution of
individual Works, result in the suspension of these Works,
(ii) the number of days of atmospheric agents or the intensity of precipitation resulting in the obstacles referred
to above is greater than the monthly average for the month in question over the last five years
from the date of retroactive submission of tenders.
b) conflict with planned or parallel investments carried out by the Contracting entity or Contractors
acting on its behalf or on behalf of the Contractors or with investments carried out by other
entities, in such a case the following will change:
the manner of execution, or materials and technologies, or the location of the constructed buildings
or devices, to the extent necessary to remove the collision and allowing the Works to be performed
properly , or
the scope of the Stage or Stages, including the exclusion of part of the Works or the Time for
Completion or the dates of completion of the Stage or Stages, according to the duration of the
obstacle that prevents the implementation of the subject matter of this Agreement, in accordance
with its content and in a manner that is not agreed, or
the Accepted Contractual Amount, valued in accordance with Sub-CLAUSE 13.3 of the Special
Conditions, to cover additional reasonable and documented costs directly related to the actions
taken to resolve the conflict,
c) if the Ordering Party fails to provide the right of access referred to in SubCLAUSE 2.1 of the
Special Conditions within the time limit – in this case it is possible to change:
the scope of the Stage or Stages, the Time for Completion or the date of completion of the Stage or
Stages – respectively for the time of postponement of the date of transfer of access rights that
prevent the implementation of the subject matter of this Agreement, in accordance with its content
and in an appropriate manner, or the Accepted Contractual Amount, which may be increased to cover
additional reasonable and documented costs calculated on the basis of Sub-CLAUSE 13.3 of the
Special Conditions,
d) in the event of discovery of a find referred to in Sub-CLAUSE 4.24 of the Special Conditions, as
well as any other object or object that significantly interferes with or prevents the execution of the
Works, unless their appearance is or is not was in any way dependent on the Contractor – in
this case, the following will change:
Time for Completion, in accordance with the duration of the obstacle/circumstances referred to
above, which prevent the implementation of the subject matter of this Agreement, in accordance
with its content and in a proper manner, or the date of completion of the Stage or Stages, or the
scope of the Stage or Stages, or
the Accepted Contract Amount, which may be increased to cover additional reasonable and
documented costs, calculated on the basis of Sub-CLAUSE 13.3 of the Special Conditions,
4. In the event of different geological conditions from those specified in the Functional and Utility Program,
it is possible to change:
Time for Completion, date of completion of the Stage or Stages, scope of the Stage or Stages,
of the Accepted Contract Amount accordingly by reducing the maximum
by the value of the costs saved or increased to cover additional justified and documented costs,
calculated on the basis of Sub-CLAUSE 13.3 of the Special Conditions.
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5. In the case ofother circumstances, regardless of their nature, including those attributable to the Contracting
Entity, resulting in the impossibility of performance or proper performance of the subject of the Agreement
in accordance with its provisions or the Material and Financial Schedule, unless their appearance is
or was not in any way dependent on the Contractor, in those of a legal, organizational, economic,
administrative or technical nature, in particular the inability to grant the agreed track closures within the
time limit set on the basis of the IR-19 Instruction, is justified by these Circumstances change:
the manner of execution, materials and technology of the Works, change of the location of the
constructed buildings, equipment to the extent that allows the Construction Works to be properly
performed and the scope of the Stage or Stages, including exclusion of part of the Works and change
of the Time for Completion or the date of completion of the Stage or Stages in accordance with the
duration of the obstacle that prevents the implementation of the subject of thisAgreement, in accordance
with its content and in a manner adequate,
of the Accepted Contract Amount accordingly by reducing the maximum
by the value of the costs saved or increased to cover additional justified and documented costs, calculated
on the basis of Sub-CLAUSE 13.3 of the Special Conditions.
The inability to grant the agreed closures of the trackdescribed above may not constitute a basis for
amending the Agreement if the impossibility of granting concerns track closures that were to be granted
after the Contractor's Completion Time has expired, which is in default in the performance of the
Agreement.
6. If, due to new external conditions unforeseeable on the date of conclusion of this Agreement, the
execution of part of the Works:
(i) has lost its legitimacy,
(ii) would jeopardise the achievement of the project's objectives,
it is possible to change the material scope of the subject of the Agreement, the Accepted Contractual
Amount calculated on the basis of Sub-CLAUSE 13.3 of the Special Conditions and/or the Time for
Completion justified by these circumstances.
7. In the absence of obtaining or delaying in the submission by the Ordering Party of the required
consents and permits for the implementation of Works to which the Contracting Authority has committed
itself in the Functional and Utility Program, unless their appearance is or was not dependent in
any way on the Contractor, it is possible to change:
Time for Completion, in accordance with the duration of the obstacle/circumstances referred to above,
which prevent the implementation of the subject matter of this Agreement, in accordance with its content
and in a due manner, the date of completion of the Stage or Stages, the scope of the Stage or Stages,
the Accepted Contract Amount, which may be reduced by up to a maximum of the saved costs or
increased to cover additional reasonable and documented costs, as appropriate, calculated on the basis
of Sub-CLAUSE 13.3 of the Terms Specific.
8. In the event of significant circumstances other than those mentioned in § 5 indicated in the Special
Conditions and General Conditions, it is possible to amend the Agreement in the scope of: and
under the conditions laid down therein, subject to the requirement of written form in accordance with
Paragraph 7(1).
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§ 6.
1. In the event of a change in the amount of the minimum wage for work or the amount of the minimum
hourly rate, determined on the basis of the provisions of the Act of 10 October 2002. on the minimum
wage for work (i.e. Dz.U. of 2017 item 847, as amended), the Accepted Contract Amount may be
changed by the value of the increase in the Contractor's total cost resulting from the increase in
employees ' remuneration, up to the amount of the changed minimum wage or its appropriatepart (in
the case of employees employed less than full-time), taking into account all public law charges.
2. The change in the Accepted Contractual Amount referred to in paragraph 1 shall be determined by
taking into account the increase in the remuneration of employees who receive remuneration equal to
the minimum wage for work or an appropriate part thereof (in the case of employees employed less
than full-time) or by taking into account the increase in the remuneration of employees who receive
remuneration equal to the minimum wage for work or an appropriate part thereof (in the case of
employees employed less than full-time) or by taking into account the increase in the remuneration of
employees who receive remuneration equal to the minimum wage for work or an appropriate part
thereof (in the case of employees employed less than full-time) or by taking into account the increase in
the minimum hourly rate of the person accepting the order or providing services who directly participate
in the performance for the Ordering Party of the remaining part of the contract at the time of entry
into force of the amendment to the regulations .
3. The Contractor in a written application shall demonstrate that the change referred to in paragraph 1,
has an impact on the costs of performing the contract, in particular shall demonstrate the value of the
increase in the cost referred to in paragraph 1, presenting its calculation together with a statement on
the number and working time of employees referred to in paragraph 2, as well as indicating the period
of their employment.
4. In the event of a change in the provisions concerning the rules of being subject to social insurance or
health insurance or the rate of social or health insurance contributions, the Accepted Contractual
Amount may change by the amount shown by The Contractor shall be the value of the increase in the
total cost of the Contractor, which he will be obliged to additionally incur in order to take account of this
change, while maintaining the current net amount of remuneration of persons employed under an
employment contract or on the basis of a civil law contract concluded with a natural person who does
not run a business.
5. Change of the Accepted Contractual Amount referred to in paragraph 4, shall be determined at the
request of the Contractor by taking into account increased contributions from the remuneration of persons
employed under an employment contract or on the basis of a civil law contract concluded with a natural
person not conducting business activity, directly participating in the implementation for the benefit of the
Contracting Authority remaining to be performed, at the time of entry into force of the amendment
regulations, parts of the contract.
6. The Contractor in a written application shall demonstrate that the change referred to in paragraph 4,
has an impact on the costs of performing the contract, in the case of verification will show the value of
the increase in the cost referred to in paragraph 4, presenting its calculation together with a statement on
the number of persons referred to in paragraph 4 . 5, as well as indicating the period of their
employment.
7. In the event of a change in the rules for collecting and the amount of payments to employee capital
plans, referred to in the Act of 4 October 2018 on Employee Capital Plans (Journal of Laws of 2018.
item 2215 with later dates. as amended), the Accepted Contract Amount may be changed by the value
of the increase in the costs of contract performance resulting from payments made by the Contractor to
employee capital plans (hereinafter referred to as "PPK").
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8. The change in the Accepted Contractual Amount referred to in paragraph 7 shall be determined at the
request of the Contractor by taking into account the value of the increase in the costs of contract
performance resulting from payments made by the Contractor to the PPK.
9. The contractor in a written applicationshall demonstrate that the change referred to in paragraph 7 has
an impact on the costs of performing the contract, in particular it will show the value of the increase in the
cost referred to in paragraph 7. 7, presenting its calculation together with a statement on the number of
employees covered by the PPK and performing the contract.
10. Within 21 days of receipt of the Contractor's written request referred to in paragraph 3, 6 or 9, the
Ordering Party shall agree in writing to change the Contract Price in accordance with the Contractor's
calculation or raise objections to the calculation. The Contractor shall respond to the Ordering Party's
objection within 7 days of its receipt, presenting in writing a new calculation or justification for the
correctness of the calculationto which the Contracting Authority has raised objections. The procedure for
determining the amount of change in the Accepted Contract Amount shall be repeated in accordance with
the rules set out in the first sentence, with the proviso that the deadlines are 7 days for the Contracting
Authority and 3 days for the Contractor, respectively. The agreed change in the Contract Price shall be
effective from the date of entry into force of the amendments to the regulations referred to in
paragraph 1 or 4.
11. The Contracting Authority shall be entitled at any time to verify the calculation and the Contractor's
statement and to request that the Contractor present – at the choice of the Contracting Authority –
all or some of the documents confirming the calculation, i.e.: a list of names of persons referred to in
paragraph 2 or 5, notification of the above-mentioned persons to ZUS, and the presence of the above-
mentioned persons at the construction site.
§ 7.
1. T he r a t i on s t h e r a t i on s semn e j pod r ygor e m n i ewat i on s The Annexes to this
Agreement shall form an integral part thereof.
2. The Parties to the Agreement undertake to immediately notify the other Party in writing of any
changes in the scope of representation or changes in contact details.
§ 8.
This agreement was drawn up in Polish, in two identical copies, one for the Contractor and one for the
Contracting Authority.
§ 9.
This Agreement shall enter into force on the date of signature by the other
Party. On behalf of and on behalf of the Ordering Party they signed:
Signature Signature
(name, surname of the 1st representative of the (name, surname of the 2nd representative of the
Ordering Party) Ordering Party)
(Booth 1) (Booth 2)
Data: Data:
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On behalf of and on behalf of the Contractor, they signed:
Signature Signature
(name, surname of the 1st representative of the (name, surname of the 2nd representative of the
Contractor) Contractor)
(Booth 1) (Booth 2)
Data: Data:
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GENERAL CONDITIONS
Works being the subject of the public contract will be carried out in accordance with the TERMS OF THE
CONTRACT FOR EQUIPMENT AND CONSTRUCTION WITH DESIGN FOR ELECTRICAL AND
MECHANICAL EQUIPMENT AND FOR CONSTRUCTION AND ENGINEERING WORKS
DESIGNED BY THE CONTRACTOR, General conditions, release
English-Polish 2000 (translation of the first edition of FIDIC 1999), published by: FIDIC/
Federation Internationale des Ingenieurs-Conseils
P.O.Box 86, CH-1000 Lausanne 12-Chailly, Switzerland,
Phone (+ 41 21) 654 44 11,
fax. (+ 41 21) 653 54 32
e-mail: fidic@pobox.com
www: http//www.fidic.org
The Contractor should have and become familiar with the mentioned version of the Terms of Contract. The
Polish language version is binding. The Contractor may be asked by the Contracting entity to submit it, duly
initialled by a person authorized to sign the tender. The Polish language version is binding. The above-
mentioned document in English together with a translation into Polish can be purchased at:
COSMOPOLI CONSULTANTS
Łowicka 43
02-551 Warsaw
Phone (+ 48 22) 849 00 28
fax. (+ 48 22) 849 10 07
e-mail: publi_fidic@cosmopoli.com.pl www:
http://www.cosmopoli.com.pl
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SPECIFIC CONDITIONS
These Special Terms amend and supplement the General Terms and Conditions and introduce new
CLAUSES.
In the event of any inconsistency between the corresponding CLAUSES of the General Conditions
and the Special Conditions, the provisions of the Special Conditions shall prevail.
The provisions of the CLAUSES not modified in the Special Conditions shall apply in the form specified
in the General Conditions.
CLAUSE 1 GENERAL PROVISIONS
Sub-CLAUSE 1.1 DEFINITIONS

The following Definitions are amended, added or established:
1.1.1.1'Contract '
The Sub-CLAUSE is deleted and replaced with the following:
"Contract" means the signed Agreement (Contract Act) together with the Special and
General Conditions, the Offer, Specifications, Drawings, Lists and such further documents
(if any) as are enumerated in the Agreement.
The words "Contract" and "Contract" are used interchangeably in some documents as
"Contract" and "Contractual" with the same meaning.
1.1.1.3 "Letter of acceptance"
"Letter of Acceptance" means an "Agreement Act " and any reference to a Letter of
Acceptance in the General Terms and Conditions shall mean the date of signature of the
Agreement Act , in accordance with Sub-CLAUSE 1.6 of the General Terms.
1.1.1.5 " Customer's requirements"
"Requirements of the Customer" means a document entitled "Functional and Utility
Program" as incorporated into the Contract and any additions or modifications to such
document made in accordance with the Contract. Such a document specifies for the
Works the purpose, scope, and/or design and/or other technical criteria.
1.1.1.6 "Lists"
"Lists" means documents completed by the Contractor and submitted together with the
offer containing, in particular, a list of Equipment, Works and rates covered by the Contract.
It does not include elements covered by definition 1.1.1.10 of the General Conditions.
1.1.1.11 "Breakdown of the Offer Price" means the spreadsheets that determine the division of the
Contract Price into individual aggregated items within established industry breakdowns.
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1.1.2.4'Engineer '
"Engineer" means a natural person, legal person or organizational unit without legal
personality, appointed by the Contracting Authority to act as an Engineer for the purposes of
the Contract and listed in the Annex to the Offer (if any) or other natural or legal person or
organizational unit designated if necessary by the Contracting Entity, with notification to
the Contractor in accordance with Sub-CLAUSE 3.4. General Conditions.
The function of the Engineer also includes the functions of the Investor's Supervision
Inspector appearing in Chapter 3 of the construction rawa.
The following subCLAUSES are added:
1.1.2.11 "Designer" means a natural person with the qualifications required by Chapter 2 of the
Construction Law and performing the functions assigned by Article 20 (duties) and
Article 21 of the Construction Law. In this Contract, the Contractor employs Designers.
1.1.2.12. "Site Manager" means a natural person holding appropriate building qualifications in
accordance with Chapter 2 of the Construction Law and performing managerial functions
on the Construction Site specified in Article 22 and 23 of the Construction Law. The
Site Manager acting on behalf of the Contractor may appoint "Works Managers"
responsible forthe execution of given types of Works.
1.1.2.13 "Consortium" means a group of contractors jointly undertaking the performance of the
subject of the Agreement, whose mutual relations are regulated by a consortium
agreement or other agreement of a similar nature, including a cooperation agreement.
1.1.2.14 " Subcontract agreement" – should be understood as an agreement concluded in writing
under pain of nullity, referred to in Article 2(9b) of the Act.
1.1.3.4'Final tests '
"Final Trials" means trials which are specified in the Contract or agreed by both Parties
or referred as a Change, and which are carried out in accordance with CLAUSE 9 of the
General Terms and Conditions, prior to the takeover by the Ordering Party of the Works
and/or the Section or part thereof (as the case may be).
Final Tests shall be understood as "partial acceptances", "operational acceptances" and "final
acceptances" referred to in the Contract, and
"technological start-up" and "test run".
1.1.3.6 " Field tests"
"Operational Tests" means the tests (if required) specified in the Contract and performed
in accordance with the provisions of the Special Conditions after the Ordering Party has
taken over the Works or Sections (as applicable).
1.1.3.7 "Defect reporting period "
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"Defect Reporting Period" means 60 months for reporting defects in Robots or any section
thereof (as the case may be) under Sub-CLAUSE 11.1 of the Special Conditions,
calculated from the date on which the Works or Sections are completed, as certified
under Sub-CLAUSE 10.1 Special Conditions, with each extension under Sub-CLAUSE
11.3 of the Special Terms.
This period is understood as the warranty period for defects and is equal to the period
covered by the Quality Guarantee referred to in the Contract. The Quality Guarantee
period begins on the date indicated in the Warranty Card.
1.1.3.10 "Stage" – means the scope of Works to be performed within a given period. Both the
scope of Works for subsequent Stages and the deadlines for their completion are specified
in SubCLAUSE 8.13 of the Special Conditions.
1.1.3.11 "Material and financial schedule" – in each case, when the Terms of the Contract refer
to the "Schedule", the "Material and financial schedule" should be read .
1.1.3.12 "Contractual penalties" – whenever the Terms and Conditions refer to " Compensation
for delays" it should be understood as "Contractual penalties".
1.1.3.13 "Original Time for Completion" means the Completion Time specified in the Offer
Addendum (as not modified by any Addendum to the Contract) without regard to any
Completion Time Extension under Sub-CLAUSE 8.4 of the Special Terms.
1.1.3.14 "Quality Guarantee" means 60 months for reporting defects in Robo ts or any of their
Items (as the case may be) - the Contractor's obligation to remove defects free of charge or
to deliver the subject of the Agreement free of defects in the event of their disclosure, as
well as the Warranty Document and Warranty Cards for selected Devices.
1.1.4.1'Accepted contract amount'
"Accepted Contract Amount" means the Bid Price within the meaning of IDW, after
correction of obvious accounting errors in accordance with the Act, expressed in Local
Currency, for the design and execution of the Contractor's Documents and Works, as well
as the removal of any defects and defects.
1.1.4.6'Foreign currency '
Sub-CLAUSE 1.1.4.6 of the General Terms and Conditions is deleted.
1.1.4.11'Amount retained'
The content of Sub-CLAUSE 1.1.4.11 of the General Terms and Conditions is deleted
and replaced with the following :
"Amount Retained" means the cumulative amount deducted under Sub-CLAUSE 4.2
of the Special Conditions and in accordance with 14.3 of the Special Terms and
refunded under Sub-CLAUSE 14.9 of the Special Terms.
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Th e r a t i on s t h e r a t i on s yconania of the Agreement, which the Contractor is

obliged to pay and which amount will be deducted in accordance with the Agreement.
1.1.4.13 The "Principal Bill of Quantities of Permanent Works (ZPRS)" is a specification of the
Schedule of Payments in accordance with the provisions of Sub-CLAUSE 14.4 of the
Special Conditions and serves for the purpose of estimating the value and progress of the
Works and has no impact on the Contract Price due under the Contract. ZPRS should be
made in a form agreedwith the Engineer and the Contracting Authority. The Principal Bill
of Quantities of Permanent Works is prepared on the basis of the Breakdown of the
Offer Price.
1.1.6.2'Country '
"Country" means the Republic of Poland in which the Construction Site is located,
where the Permanent Works are to be carried out.
1.1.6.5'Rights '
"Rights" means the provisions of law in force in the Republic of Poland and the
Regulations of the Ordering Party.
1.1.6.7'Construction site '
"Construction Site" means the places where the Works and Materials are to be delivered
and any other places expressly listed in the Contract as forming part of the Construction Site.
Specify
"Construction Site" used in these Special Conditions and in the General Terms and
Conditions means a "Construction Site" within the meaning of the Construction Law.
1.1.6.10 "Public Procurement Law" (hereinafter also referred to as "Public Procurement Law")
means the Act of 29 January 2004. Public procurement law (i.e. Dz.U. of 2018
r. item 1986 with later dates. Deaths).
1.1.6.11 "Construction Law" means the Act of 7 July 1994 (i.e. Dz.U. of 2018 item 1202, as
amended) together with accompanying regulations, regulating activities involving the design,
construction, maintenance and demolition of buildings and defining the rules of operation of
public administration bodies in these areas.
1.1.6.12 "Construction Project" means the documentation required by the Construction Law, in
accordance with the Regulation of the Minister of Infrastructure of 25 April 2012. on
the detailed scope and form of the construction project (t.j.Dz. U. of 2018, item 1935).
1.1.6.13 "Building permit" means the document "Decision on building permit " or other
acceptance, respectively, issued in the form of an administrative decision by the competent
architectural and building administration body, on the basis of Chapter 4 of the Law
Construction. The term Building Permit also means - depending on the circumstances
- the notification of construction works.
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"Notification of the performance of construction works " notification to the

competent authority of the type, scope and manner of performing construction works
and the date of their commencement in accordance with the Construction Law –
Articles 29 – 31, every to which the above-mentioned authority did not object.
1.1.6.14 "Construction Journal" means an official document of the course of works, events and
circumstances occurring in the course of the execution of works carried out by the
Contractor at the Construction Site in accordance with the requirements of the
Construction Law and Regulation of the Minister of Construction on the construction
log, assembly and demolition, information board and announcement containing data on
occupational safety and health protection of 26 June 2002. (OJ L ...). No. 108, item
953, as amended. Deaths) , issued against payment by the competent authority before
commencing the Works.
"Construction Journal" for Works not requiring a " Building Permit" means a journal with
such a title, kept by the Contractor at the Construction Site.
1.1.6.15 " Progress Report" means the reports required under the Sub-CLAUSE
4.21 Special Conditions .
1.1.6.16 "Progress Meetings" means the Progress Deliberations required under Sub-CLAUSE 4.25
of the Special Terms.
1.1.6.17 "Book of Measurements" means a documententitled Book of Measurements, which is stored
and completed by the Contractor and will be used in accordance with Article 3 point 13 of
the Construction Law.
1.1.6.18 'Water law consent' means a water permit, the acceptance of a water law declaration, the
issuance of a water law assessment or the issuance of decisions referred to in Article
77(a). Articles 3 and 8 and Article 176() Article 4 of the Act of 20 July 2017 Water
Law (Dz.U. of 2017 item 1566 with later dates. as amended), referred to in that Act.
1.1.6.19 "Demolition permit" means the document "Decision on demolition permit" issued
administratively by the competent architectural and building administration body on the
basis of the provisions of the Building Regulations.
1.1.6.20 "Promptly" means within a maximum of 7 days.
1.1.6.21 "Quality Assurance Program" means a program of measures necessary to ensure quality
according to the Functional and Utility Program. Where the Terms of Contract refer to a
"quality assurance system ", read
" Quality Assurance Program".
1.1.6.22 "Regulations of the Ordering Party" means the following regulations: instructions,
guidelines, technical standards, normative documents, technical conditions, rules and
procedures in force in PKP PLK S.A., the text of which can be found on the website in
ww.plk-sa.pl and in Appendix No. 8 to the Special Conditions.
1.1.6.23 "SIRM" – an IT System for Settlement and Monitoring of Contract Settlement,
whose administrator is the Contracting Authority, made available to the Contractor by
the Contracting Authority, free of charge and for the purpose of performing the
Agreement.
1.1.6.24 "Final acceptance" – acceptance consisting in the assessment of the actual performance
of the Works or Section in relation to the scope (quantity), quality and Works and
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parameters described in the Agreement referred to in SubCLAUSE 2.7 of the Special

Conditions.
Sub-CLAUSE 1.3 NOTICES

Wherever there is provision in these Special Conditions to give or issue approvals, certificates,
consents, designations, notices and requests, such communications shall be:
a) in writing and delivered in person (against receipt), sent by post orcourier, or sent using one of the
agreed electronic transmission systems specified in the Annex to the Offer, provided that the
transmission of the agreed electronic transmission system should be confirmed in writing in each
case by separate correspondence; and
b) delivered, sent or transmitted to the address of the recipient of the messages, provided in the
Annex to the Offer. However:
(i) if the recipient gives a notification of a different address, the messages will henceforth be
delivered accordingly to that address; and
(ii) If the recipient asking for approval or consent did not specify otherwise, they can be sent to the
address from which the request was made.
Approvals, certificates, consents or approvals shall not be unjustifiably withheld or delayed. Where a
certificate is issued for one of the Parties, the certifying party shall send a copy to the other Party. In the
event that any notificationis given to either Party, by the other Party or by an Engineer, a copy shall be
sent to the Engineer or to the other Party, as the case may be.
The Ordering Party is entitled to indicate SIRM in place of the written form specified above for
messages covered by Sub-CLAUSE 14.3 of Special Conditions. Notification of the change of
written form to SIRM will be made 21 days in advance. Due to the change of the written form to
SIRM, the Contractor shall not be entitled to any extension of the Time for Completion and any
change to the Accepted Contractual Amount.
Sub-CLAUSE 1.5 ORDER OF PRIORITY OF DOCUMENTS
The SubCLAUSE shall be deleted and replaced with the following:
The documents constituting the Contract shall be deemed to be mutually explanatory. In the event of
discrepancies or ambiguities, they shall be taken into account in the order indicated in § 1 of the Agreement
Act. If there are any ambiguities or discrepanciesin the document, the Engineer will issue any necessary
clarifications or instructions.
Sub-CLAUSE 1.6 CONTRACT ACT
The Contract shall enter into force on the date on which the Agreement is signed by the last Party,
provided that the required performance bond has been accepted without reservation by the Ordering Party
in accordance with Sub-CLAUSE 4.2 of the Special Conditions.
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SubCLAUSE 1.7 ASSIGNMENT

The Parties agree that the rights or obligations of the Contractor arising from the Agreement may not be
transferred to third parties without the consent of the Contracting Authority expressed in writing under
pain of nullity (Civil Code Art. 509 and Art. 519). TheOrdering Party's agreement shall be issued if the
transfer of the Contractor's obligations to third parties will be the result of a merger, division,
transformation, bankruptcy, restructuring or acquisition of the existing Contractor or its enterprise,
provided that the new employee fulfilled the new project there will be conditions for participation in
the proceedings, there will be no grounds for exclusion and it will not entail other significant changes to
the Agreement.
The Parties agree that the Contractor's receivables arising from the Agreement may not be presented for
statutory set-off (Article 498 of the Civil Code) with the Ordering Party's receivables.
Sub-CLAUSE 1.8 HANDLING AND DELIVERY OF DOCUMENTS
The content of SubKLAUZULI is deleted and replaced with the following:
All Contractor's Documents shall be stored and shall remain under the care and supervision of the
Contractor if and until they are taken over by the Contracting Entity. Unless otherwise specified in the
Contract , the Contractor shall provide the Engineer with six copies of each of the Contractor's
Documents.
The Contractor shall keep at the Construction Site a copy of the Contract, publications listed in the
Requirements of the Contracting Authority, Contractor's Documents and Amendments and other
communications issued under the Contract. The Contracting Authority's staff shall have the right of
access to these documents at all relevant times.
If any Party notices that there is any error or technical defect in any document that has been prepared for
use in the execution of the Works, that Party shall immediately notify the other Party of such error or
defect.
The provisions of this Sub-CLAUSEshall be applied subject to Sub-CLAUSE 14.3 of the Special
Terms .
Sub-CLAUSE 1.9 ERRORS IN THE CUSTOMER'S REQUIREMENTS
For the purposes of this Contract, it is assumed that the Contractor, before submitting the offer, has
thoroughly familiarized itself with the entire Terms of Reference, and in particular with:
(i) Programem Fun k cj o nalno-U zytkowim
(ii) breakdown of the offer price,
(iii) Terms and Conditions
and obtained from the Contracting Authority all the required explanations and additions to the
Terms of Reference and that it accepted them in the Offer submitted by it.
In particular, this applies to, but is not limited to, all dimensions and technical parameters, the cross-
compliance of individual industry solutions and the provision of operational safety.
If the Contractor suffers a delay and/or incurs a Cost as a result of discrepancies between the data
contained in the Requirements of the Contracting Authority and the actual state, and the Contractor
would not detect this discrepancy when examining the Functional and Utility Program, the Contractor
will give
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The Engineer shall be entitled to:

a) extension of time in connection with any such delay, according to the Sub-CLAUSE
8.4 Special Terms, if completion is or is expected to be delayed, and
b) payment for any such Cost, which payment shall be included in the Accepted Contract Amount .
Upon receipt of this notification, the Engineer shall proceed in accordance with SubCLAUSE 3.5 W a r u n c o
w O g oln y ch, aby uzgodni l ub o c r s l i c t h e t h e r t h e t h e r t h e r li c c oc r th e
(i) whether and (if so) to what extent the discrepancy could not reasonably have been detected,
and
(ii) the matters described in sub-paragraphs (a) and (b) above relating to this scope.
SUB-CLAUSE 1.10 USE OF CONTRACTOR'S DOCUMENTS BY
CONTRACTING AUTHORITY
1. The Contractor declares that in performing the Agreement it will comply with the provisions of the Act
about Copyright and related rights and will not infringe the property and personal rights of third
parties, and the works created in connection with the implementation of the Agreement or its part
will be handed over to the Ordering Party in a state free from the rights of these persons, and
in in particular, that:
a) at the time of presentation for acceptance of the subject of the Agreement or its part, he will
be entitled in whole and exclusively to the economic copyrights and derivative rights to each
of the works created in connection with the implementation of the Agreement or its part to
the extent determined by this Agreement, on the basis of relevant agreements concluded in
writing;
b) there are no restrictions that would prevent the Contractor from transferring proprietary
copyrights and derivative rights to the extent described in letter a) above to works created in
connection with the performance of the Agreement or its part, in particular, the Contractor declares
that these rights have not been, will not be transferred or limited to the extent that it would
exclude or limit the rights of the Ordering Party that it acquires under this contract;
c) author's economic and derivative rights to works created in connection with the
implementation of the Agreement or its part are not and will not be the subject of pledge or
other rights to third parties and will be transferred to the Ordering Party without any
restrictions;
d) the transfer of author's economic rights to the Contractor is not, and if at the time of
signing the Agreement he is not entitled to such rights, it will not be made under the
condition that has not been fulfilled before the date of transfer of the subject of the
Agreement or part thereof to the Ordering Party;
e) the transfer of author's economic rights to the Contractor is not, and if at the time of
signing the Agreement he is not entitled to such rights, it will not be made subject to a date
later than the date of presentation for acceptance of the object The Agreement or part
thereof to the Ordering Party.
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If the Contractor breaches any of the above-mentioned obligations or statements, the Contractor
shall be obliged to cover the damage suffered by the Contracting entity in this respect.
2. Upon receipt by the Ordering Party of works created in connection with the performance of the
Agreement or its part, the Contractor within the Accepted Contractual Amount:
a) transfers to the Ordering Party unconditionally, without time and territorial limitations,
exclusively, in the following fields of exploitation:
(i) use of works for personal use, use of its organizational units and use of third parties
for purposes related to the implementation of the tasks of the Ordering Party,
(ii) fixation of works on all types of media, in particular on video media, photosensitive
tape, magnetic tape, computer discs and all types of media intended for digital
recording (e.g. CD, DVD, Blue-ray, pendrive, etc.),
(iii) reproduction of works by any technique in any quantity, including magnetic technique
on video cassettes, photosensitive and digital technology, computer recording technique
on all types of media adapted to this form of recording, production of copies of the
work by any technique, including dr. ukarska, reprography, recording magnetic and
digital technology,
(iv) placing on the market,
(v) entering works into computer memory at any number of computer stations and to
multimedia, telecommunications and computer networks, including the Internet,
(vi) exhibit, display, display and publicly perform the work,
(vii) exchange of media on which the work was recorded,
(viii) use in audiovisual works,
(ix) use all or parts of the work for promotional and advertising purposes,
(x) making changes, shortcuts,
(xi) preparation of foreign language versions, both using subtitles and voice-over,
(xii) making the work publicly available in such a way that everyone can access it at a
place and time chosen by him,
(xiii) Letting
(xiv) lease
(xv) licensing of use,
(xvi) multiple use for the implementation of investments,
(xvii) publishing part or all of it,
all author's economic rights to works within the meaning of the provisions of the Act
Copyright and related rights, regardless of the number of copies, produced in connection with
the implementation of the Agreement or its part, in particular such as: reports, maps, charts,
drawings, plans, statistical data, expert opinions, calculations and other
documentsprovided to the Ordering Party in the performance of this contract and brochures ,
including Right to dispose of and use to the exclusion of others
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persons, without the need to submit additional statements of the Parties in this respect
(subject to the statements referred to in paragraph 8);
b) grants the Ordering Party the exclusive right to exercise and permit the exercise of
derivative copyrights, in particular by allowing the Ordering Party to make derivative works
and changes, to use the derivative works and their alterations and for the disposal of
these studies together with alterations, in particular in a situation where changes in works
occur as a result of author's supervision within the meaning of the provisions of the
Construction Law and when they are necessary and justified by the implementation of the
subject matter of the contract or the optimisation or nature of the investment; introduction
of changes and author's supervision may be performed by the Ordering Party or entrusted
to any person without depriving the authors of works of the rights to use moral rights ,
and The Contractor declares that he is entitled to act on behalf of the authors in the scope of
this confirmation. The Contractor will also ensure that the authors of any works created
under this Agreement agree to violate the integrity, including the form and content of the works,
by making changes to them,regardless of the entity to make such changes.
3. Simultaneously with the acquisition of author's economic rights to works, the Ordering Party
acquires ownership of all copies or media on which the works have been recorded within the
Accepted Contractual Amount . The Accepted Contractual Amount also includes remuneration
for the use of works in individual fields of exploitation.
4. On the basis of the Agreement, the Ordering Party acquires the right to transfer theauthor's
economic rights obtained under this Agreement to third parties, and also acquires the right to use
and dispose of the dependent copyright to the extent specified in this Agreement, in particular in
Appendix 4 to the Special Conditions.
5. The Parties agree that the exercise of acquired rights in all fields of exploitation specified in Annex
4 to the Special Conditions may take place in full, in part, in parts, independently, in conjunction
with the works of other entities, including as part of a collective work , after archiving in
electronic and printed form, after elaboration, adaptations, additions or other modifications,
etc.
6. In the event of any third party against the Ordering Party, with a claim for infringement of
copyright or derivative rights, both personal and property, if violation occurred in connection with
the implementation of the Agreement by the Contractor, the Contractor:
a) assumes full responsibility for the occurrence and all consequences of the foregoing ;
b) in the event of referral to court proceedings, of which the Contracting entity is obliged to
immediately notify the Contractor, the Contractor shall join the process on the side of the
Contracting entity and cover all costs related to the participation of the Contracting entity in
court proceedings, including the costs of legal services in the proceedings;
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c) will bear all costs related to the possible coverage of property and non-property claims
related to the infringement of copyrights, property or personal rights of the person or
persons submitting the claims.
7. Each copy of each of the works performed under the Agreement shall contain a statement
contained in Appendix 4 to the Special Conditions, the person indicated on it as the author, that
he transferred to the Performer exclusive and unconditionally proprietary economic rights to the
work to the extent specified in this Agreement and the Contractor's statement constituting
Appendix No. 5 to the Special Conditions.
8. The Contractor undertakes, in the period between the transfer of works performed under the
Agreement and before the final acceptance of these works – to obtain statements of the author or, in
the case of plurality, authors of the works, regarding their obligation not to exercise their
moral rights to the transferred works works for a period of 10 years from the date of receipt
referred to in paragraph 2 and authorization of the Ordering Party to exercise moral rights on their
behalf for this period.
9. The Contractor, if necessary, is obliged to pay the author of a part of the subject of the Agreement
remuneration for refraining from exercising personalcopyrights on the terms set out in the
preceding paragraph. The Contractor releases the Ordering Party from the obligation to pay any
amounts to the author in relation to the obligation to refrain from exercising moral rights.
10. The Contracting Authoritygrants the Contractor a non-exclusive license for the duration of the
performance of the Agreement for the purpose necessary to perform the Works, to use in the
Republic of Poland the Requirements of the Contracting Authority and materials attached to the
Terms of Reference, which constitute works within the meaningof the Law Act copyright and
related rights, in the fields of exploitation indicated in Annex 4 to Special Conditions.
11. The above provisions of this Sub-CLAUSE regarding the transfer of copyright do not apply to
software for which it will be considered that the Contractor by signing the Contract has granted
the Ordering Party an indefinite, transferable, non-reserved, for remuneration included in the
Accepted Amount Contractual license and to copy, use and transfer the software. The notice
period shall be 10 years with effect from the end of the calendar year. This license will be used
exclusively for the construction, extension, renovation, use and modification of railway
infrastructure in the Republic of Poland.
This License entitles in particular to:
(i) permanent or temporary reproduction of a computer program, in whole or in part, by any
means and in any form;
(ii) the distribution, including lending, leasing or rental, of a computer program or a copy
thereof.
Software developed by the Contractor (or on its behalf) shall not be used, copied or transferred to a
third party, with the exception of PKP Group companies, by the Contracting Authority (or on its
behalf) for purposes other than those permitted under this Sub-CLAUSE.
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SUB-CLAUSE 1.12 CONFIDENTIAL DETAILS

The Contractor shall disclose to the Engineer such necessary protected and other information as the
Engineer may reasonably require in order to verify that the Contractor complies with the Contract.
1. The contract is public and subject to disclosure on the terms set out in the regulations
on access to public information.
2. The Parties and persons employed by them to perform this Contract undertake to keep secret and not
to disclose to third parties any documents, materials, information called information called
information obtained in connection with the implementation of this Contract, the disclosure of
which could expose the other Party to material or non-material damage.
3. Use of the Information referred to in paragraph 2 for purposes other than those specified in the
Agreement, as well as their publication, shall not be permitted without the prior written consent of
the other Party.
4. The obligation set out in paragraph 2 does not apply to publicly known Information and making
Information available on the basis of mandatory provisions of law.
5. Each Party shall exercise due diligence to prevent third parties from disclosing or using the
protected information of the other Party . Each Party undertakes to limit access to the information
referred to in paragraph 2 only to those employees or associates who need such information to
perform activities for the other Party and who have accepted the obligations arising from the
Contract.
6. The Contractor undertakes to familiarize itself and all persons performing the subject of the
Contract on its behalf with the document entitled
"Information Security Policy at PKP Polskie Linie Kolejowe S.A. for Business Partners of
SZBI-Ibi-1a", available on the PKP PLK website https:// www.plk-sa.pl/dla-klientow-i-
kontrahentow/bezpieczenstwo-informacji-spolki/.
7. Taking into account the type and scope of the subject of the Contract, the Parties conclude, on the
day of signing the Contract, a confidentiality agreement,supplementing Appendix No. 2 to the Special
Conditions. If the Contractor delays the signing of the contract
on maintaining confidentiality, the Contracting Authority shall refrain from providing the
Contractor with information constituting a trade secret within the meaning of the Act of 16 April
1993 on combating unfair competition (Journal of Laws of 2018, item 419) as well as an
entrepreneur's secret within the meaning of the Act of 6 September 2001 on access to public
information (Journal of Laws of 2018, item 1330). In such a case, all risks associated with the
Ordering Party's abstention from providing the Contractor with the above information shall be
borne by the Contractor.
Sub-CLAUSE 1.13 COMPATIBILITY WITH RIGHTS
In performing the Contract, the Contractor shall comply with the Law. If the Contract does not indicate
otherwise, then:
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a) The Contractor shall obtain all permits, approvals and other documents required to perform the
Works, deliver or remove Materials, Goods and Equipment that have not been obtained or
transferred to the Contractor by the Contracting Authority before or on the date of conclusion of
the Accounts. The Contractor shall prepare the required applications and other documents
and, if necessary, obtain the required powers of attorney of the Contracting Entity. All costs
related to obtaining these permits shall be borne by the Contractor.
b) The Contractor shall give all notices, pay all taxes, dues and fees and obtain all permits, licenses
and approvals as required by the Laws in relation to the design, execution and completion of the
Works and the removal of any defects and the Contractor shall pay the Contracting Authority
damages and assume liability from it material, in connection with the consequences of any
negligence in this respect.
c) it is considered that the Contractor has become familiar with the list of legal provisions and conditions
contained in the Requirements of the Contracting Authority and accepts all obligations
contained therein regarding the execution of the Works.
Sub-CLAUSE 1.14 JOINT LIABILITY
If the Contractor is according to the applicable Laws, the Consortium or other, not having legal
personality, grouping of two or more entities/persons, then:
a) entities/persons included in the Consortium shall be considered jointly and severally liable to
the Contracting Authority for the performance of the Contract;
b) entities/persons included in the Consortium will notify the Contracting Authority about their lead
partner (leader), who will have powers of attorney to make decisions binding on the Contractor and
each of these persons;
c) The Contractor undertakes to inform the Contracting entity about each amendment to the contract
regulating the cooperation of partners (persons or entities) who jointly undertook to perform the
subject of the Agreement;
d) the lead partner (leader) will be entitled to receive recommendationsfor and on behalf of all
partners;
e) entities/persons included in the Consortium shall be jointly and severally liable for the payment of
remuneration due to the Subcontractors , regardless of which of the members of the
Consortium has concluded an Agreement with such a Subcontractor subcontracting.
A sub-CLAUSE is added:
SUBCLAUSE 1.15 INFORMATION OBLIGATION
IMPLEMENTED BY
THE CONTRACTING AUTHORITY TOWARDS
PERSONS SIGNING THE CONTRACT
ON BEHALF OF THE CONTRACTOR AND THIRD PARTIES
1. The Contracting Authority, acting pursuant to Article 13 of Regulation (EU) 2016 /679 of the
European Parliament and of the Council of 27 April 2016. on the protection of individuals
with regard to the processing of personal data and on the free movement of such data, and
repealing Directive 95/46/EC (General Protection Regulation
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data, OJ. UE L 119 of 2016, pp. 1-88), hereinafter referred to as "GDPR",informs you 1 that:
1) The administrator of Personal Data is PKP Polskie Linie Kolejowe Spółka Akcyjna,
hereinafter referred to as the Company, with its registered office at 03-734, Warsaw, 74
Targowa Street;
2) in the Company, there is an e-mail address: iod.plk@plk-sa.pl of the Data Protection Officer
at PKP Polskie Linie Kolejowe S.A., made available to persons whose personal data are
processed by the Company;
3) Personal data will be processed in order to:
a) ensure the smooth and correct implementation of the Agreement;
b) keeping documentation of the procurement procedure in the event of an inspection
carried out by authorized bodies and entities;
c) transfer the documentation of the procurement procedure to the archive, and then its
absence (permanent removal and destruction);
in the scope of: ordinary data – name, surname, position held, place of work and professional
qualifications required to perform the Agreement, as well as in the case of submitting a
power of attorney, statements and other documents – personal data contained therein;
4) the legal basis for the processing of personal data by the Company is art. 6 par. 1 lit. c and f
GDPR, whereby the legitimate interest of the Company is indicated the need to conclude an
Agreement in accordance with the applicable regulations;
5) personal data will bemade available to other recipients, if specific provisions so provide;
6) personal data may be transferred to a country outside the European Economic Area (third
country) or an international organization within the meaning of the GDPR, as part of
entrustingand processing personal data or making it available under the law, always under one
of the conditions:
a) the European Commission has determined that this third country or international
organisation ensures an adequate level of protection of personal data, in accordance with
Article 45 of the GDPR,
b) the third country or an international organisation ensures appropriate safeguards and
enforceable rights of data subjects and effective legal remedies in accordance with
Article 46 of the GDPR,
c) the case referred to in the second subparagraph of Article 49(1) of the GDPR,
however, these data will then be properly secured, and the Contractor has the right to
access a copy of these safeguards at the e-mail address indicated in point 2 above;
7) personal data will be stored in accordance with the law during the period of implementation
of the Agreement and for the period in which Spółka will pursue the objectives resulting
from the legitimate interests of the data administrator, which are related to the Agreement
or obligations arising from the provisions of generally applicable law;
1
dot i c e s o s ob y f i z c e , o sob y f i z c e j o n h e r a t i on s Sboths t h e r a t i on s t h e r a t i on s t h e r
a t i on s t h e r a t i on s or a member of the management body of the Contractor who is a natural person
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8) you have the right to request access to your personal data and rectification, deletion or
limitation of processing and the right to object to their processing, as well as the right to
transfer data;
9) you have the right to lodge a complaint with the supervisory body, i.e. the President of the
Office for Personal Data Protection ;
10) providing personal data is voluntary, however, without providing them, it is not possible to
conclude and implement the Agreement;
11) The Company will not carry out automated decision-making, including profiling based on
the personal data provided .
2. The Contractor undertakes to inform on behalf of the Contracting entity all natural persons directed
by the Contractor to perform the Agreement and natural persons conducting the activity of the
inn, who will be indicated by the Contractor as a subcontractor, and whose personal data will be
provided during the signing of the Agreement and at the stage of contract implementation ,
about:
1) the fact of transferring personal data to the Ordering Party;
2) processing of personal data by the Ordering Party.
3. The Contractor undertakes, referring to Article 14 of the GDPR , to perform on behalf of the
Contracting Authority the information obligation towards the persons referred to in paragraph 14
of the GDPR. 2, by providing them with the content of the information clause referred to in
paragraph 2. 1, at the same time indicating to these persons the Contractor as the source of
personal data that the Contracting entity will have at its disposal.
4. Any change in the scope of natural persons whose personal data will be provided during the
signing of the Agreement and at the stage of contract implementation also requires the
fulfillment of the obligations referred to in paragraph 2 and 3.
CLAUSE 2 CONTRACTING AUTHORITY
Sub-CLAUSE 2.1 RIGHT OF ACCESS TO THE CONSTRUCTION SITE

The Contracting Authority, within the deadline(s) specified in the Annex to the Offer, shall give the
Contractor the right to access and use the Construction Site. This right of access and use may not be
reserved exclusively to the Contractor. If, according to the Contract, the Contracting entity is required to
give (the Contractor) any foundation, structure, device or means of access for use, the Contracting entity
shall do so within the time limit and in the manner specified in the Specification. However, the Ordering
Party may suspend any such right of access or use until it receives the Performance Security.
If no such deadline is specified in the Annex to the Offer, the Contracting Authority shall give the
Contractor the right to access the Construction Site and use it, within such time limits as may be
required to enable the Contractor to act in accordance with the Material and Financial Schedule submitted
in accordance with the Sub-CLAUSE 8.3 Special Terms.
Sub-CLAUSE 2.2 PERMITS, LICENCES OR APPROVALS
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The Contracting Authority (as far as possible) shall, at the request of the Contractor, provide him with
reasonable assistance:
a) by obtaining texts of the Laws of the Country which relate to the Contract but are not readily
available, and
b) when the Contractor requests any permits, licenses or approvals required by the Laws of the
Country:
(i) the receipt of which by the Contractor is required under the SubCLAUSE
1.13 special conditions ,
(ii) which concern the supply of Goods, exclusively with customs clearance, and
(iii) which concern the export abroad of the Contractor's Equipment, after its removal from the
Construction Site .
Within 28 days of signing the Contract, the Contractor shall provide the Contracting Authority with a
list of required permits. The Contractor should meet the requirements contained in the obtained permits,
provide the authorities issuing them with the opportunity to inspect and check the Works carried out.
Sub-CLAUSE 2.4 ORGANISATION OF FINANCING BY THE CONTRACTING
AUTHORITY
SubCLAUSE 2.4 is deleted.
SUBCLAUSE 2.5 CLAIMS OF THE PURCHASER
If the Purchaser is deemed to be entitled to any payment under any Clause of these Terms and
Conditions or otherwise in connection with the Contract and/or to any extension of the Defect
Reporting Period, the Purchaser or the Engineer shall Contractors notification with relevant details.
However, presumption is not required for payments due under Sub-CLAUSE 4.19 [Electricity, water
and gas] or for other services requested by the Contractor.
Notification shall be given as soon as practicable after the Purchaser becomes aware of the event
or circumstance giving rise to the claim. Notice regarding any extension of the Defect Report Period
will be given before the expiry of such period.
This detailed information shall specify the Clause or other basis ofclaim and shall include a justification
for the amount and/or extension to which the Purchaser shall be deemed entitled in connection with
the Contract. The engineer shall then proceed in accordance with Sub-CLAUSE 3.5 [ Specifications]
to agree or determine (i) the amount (if any) that the Customer is entitled to receive from the
Contractor, and/or (ii) the extension (if any) of the Defect Reporting Period in accordance with Sub-
KLUAZULALI 11.3 [Extension of the Period reporting defects].
This amount may be entered as a deduction to the Contract Price and Payment Certificates . The
purchaser shall be entitled to offset or offset against any amount certified in any Payment Certificate.
The following subCLAUSES are added:
Sub-CLAUSE 2.6 IT SYSTEM FOR SETTLEMENT
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AND MONITORING THE SETTLEMENT OF THE CONTRACT

If the Ordering Party issues a notification in accordance with Sub-CLAUSE 14.3 of the Special
Conditions, the Contractor will be obliged to use the SIRM in accordance with the terms of the
Contractor.
SUBCLAUSE 2.7 FINAL ACCEPTANCE
Within 30 days before the planned Final Acceptance, the Contractor shall provide the Engineer with the
construction documentation and as-built documentation of the Works or Section received, including to the
extent that an occupancy permit is required, as well as a set of documents related to the certification
process and admission to operation of structural subsystems (if required), in accordance with the
Act of 28 March 2003 on rail transport (i.e. Dz.U. of 2016 item 1727 with later dates. Deaths).
The engineer shall, at the latest 20 days after the date of delivery of this documentation, verify it,
approve it or return it for correction, submitting comments on the documentation on an ongoing basis,
if possible. The Contractor shall immediately amend the documentation as a result of the Engineer's
comments.
CLAUSE 3 ENGINEER
SUB-CLAUSE 3.1 DUTIES AND POWERS OF THE ENGINEER

The Contracting Authority shall appoint an Engineer who will perform the duties assigned to it in the
Contract. The Engineer's staff shall consist of suitably qualified engineers and other professionals
competent to perform these duties.
The Engineer shall not be authorised to make any changes to the Contract.
The Engineer may exercise the authorizations belonging to the Engineer, such as are specified in the
Contract or clearly result from the Contract. The engineer shall obtain the approval of the Ordering
Party before performing his duties in accordance with the following Sub-CLAUSES:
a) SubCLAUSE 1.5 of the Special Conditions ,
b) Sub-CLAUSE 4.4 of the Special Conditions ,
c) SubCLAUSE 8.4 of Special Conditions ,
d) Sub-CLAUSE 8.8 of the General Conditions,
e) CLAUSE 13 of the General Conditions, as modified by the provisions of the Special Conditions.
f) Sub-CLAUSE 20.1 of the General Terms.
Except where otherwise stated in these Special Conditions:
(i) whenever an Engineer performs duties or exercises authorisations which are specified in the
Contractor or inferred from it, it shall be deemed to be acting on behalf of the Contracting
Authority;
(ii) The Engineer shall in no way be entitled to release any Party from any duty, obligation or
liability under the Contract; and
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(iii) no approval, check, certificate, consent, examination, inspection, instruction, notice,

proposal, wish , trial or other similar action of the Engineer (including disapproval)
shall release the Contractor from any liability which it has in its opinion Contract, including
liability for errors, omissions, contradictions and non-compliance.
Notwithstanding the duty to obtain approval, as explained above, if, in the opinion of the Engineer,
there is an incident affecting the safety of life, Works or adjacent property, he is entitled, without releasing
the Contractor from any of his duties and responsibilities under the Contract, to instruct the Contractor to
perform any such work that in the opinion of the Engineer, may be necessary to reduce the danger. The
Contractor shall comply with any such instruction of the Engineer. If sucha change constitutes a Change,
Sub-CLAUSE 13 of the General Terms, as modified by the provisions of the Special Terms, shall apply.
CLAUSE 4 CONTRACTOR
Sub-CLAUSE 4.1 GENERAL OBLIGATIONS OF THE CONTRACTOR

1. The Contractor shall design, execute and complete the Works in accordance with the Contract
and shall remove any defects and defects in the Works.
2. The Contractor shall provide the Contractor's Equipment and Documents specified in the
Contract, as well as all Contractor Personnel, Goods, consumables and other items and
services, whether of a temporary or permanent nature, necessary for the above-mentioned
design, implementation, completion and removal Defects.
3. Works shall include any work which is necessary to meet the Customer's Requirements, the
Contractor's proposals and Schedules, or which is implied by the Contract, and all work which
(although not mentioned in the Contract) is necessary for the establishment or completion of or safe
and proper operation of the Works.
4. The Contractor will be responsible for the appropriateness, stability and safety of all activities
carried out on the Construction Site and the impact on its immediate surroundings (with
particular emphasis on safe rules carrying out works in the vicinity of active tracks, including
the need to maintain their gauge), all construction methods and all Works.
5. The Contractor, whenever required by the Engineer, shall submit details of the organization and
methods which the Contractor proposes to adopt for the execution of the Works. Without prior
notice to the Engineer, no significant change will be made to this organization and methods.
6. By the date of Taking over the Works in accordance with SubCLAUSE 10.1 of the Special
Conditions, the Contractor shall present to the Engineer certificates of admission to operation of
types of structures and equipment intended for railway traffic issued on time indefinite. In the
case of installation of devices without such a certificate, the Contractor will be obliged at its own
expense to replace the devices (along with all the consequences associated with it) with
devices with release, and will also be had to comply with all the regulations required by law and
regulations in force in PKP Polskie Linie Kolejowe
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S.A. formalities for carrying out these works and works. Works and Works related to the
replacement of equipment will have to be carried out within the time limit indicated by the Ordering
Party, and all conditions specified in this Agreement will apply to their performance.
7. The Contractor is obliged, within 10 days before the commencement of the Works, to inform the
Contracting Authority in writing about the intention to commence Works lasting longer than 30
working days, while employing at least 20 people, or for whom the planned scope of Works
exceeds 500 person-days. If the Contractor fails to comply with the above-mentioned obligation, it
will be charged with all costs that the Contracting Authority will have to incur in connection with the
violation of § 3 of the Regulation of the Ministry of Infrastructure of 6 February 2003 on
occupational health and safety during the performance of construction works (Dz.U. 2003, No.
47, item 401).
8. The contractor is obliged to ensure that the entities on whose abilities it relied in order to confirm
compliance with the conditions for participation in the procedure regarding education,
professional qualifications or experience, will carry out construction works or services falling
within the scope of the Umo you for which these capabilities are required. The Contractor shall
present to the Contracting Authority documents confirming the actual participation of such entity
in the implementation of the subject of the Agreement or indicate such documents, if they are
already in the possession of the Contracting entity, in within 7 days from the date of
completion of the execution of construction works (which date will result from the final
acceptance protocol) or the provision of services (which date will result from the document
confirming the performance of the service), which in accordance with the obligation
Contractors included in the Offer should be implemented by this entity. Failure to present or
indicate to the Contracting Authority documents confirming the actual participation in the
implementation of the subject of the Agreement of the entity on whose abilities the Contractor
relied in order to confirm compliance with the above-mentioned conditions of participation in
proceedings, will be tantamount to the lack of participation of this entity in the implementation of
the subject of the Agreement.
9. The Contractor undertakes not to employ (on any legal basis) full-time employees of PKP
Polskie Linie Kolejowe S.A. to perform tasks covered by the Agreement, other than conducting
classes. This also applies to Subcontractors, about which the Subcontractors should notify the
Subcontractors in the contracts concluded with them.
10. The Contractor shall be liable for any damage resulting from its actions, including liability for any
losses resulting from any failure related to the reconstruction of the collision and the fault of the
Contractor.
11. The Contractor and its Subcontractor shall be obliged to employ persons performing the
following activities during the performance of the Agreement on the basis of an employment
contract:
a) Simple construction operations , e.g.: construction worker to the extent described
in point 3.7.1PFU;
In connection with the employment by the Contractor or its Subcontractor on the basis of an
employment contract of persons performing the above-mentioned activities, the Contractor or its
Subcontractor shall submit to the Contracting Authority, at each request of the Contracting
Authority within the time limit specified in this request the evidence indicated below to
confirm compliance with this requirement by the Contractor or its Subcontractor. The Ordering
Party may at any time request:
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a) statements of the Contractor or Subcontractor on employment under the contract

for the work of persons performing the activities to which the Ordering Party's call relates. This
statement should contain in particular: precise identification of the entity submitting the
declaration, date of submission of the statement, indication that the activities covered by the
summons are performed by persons employed under an employment contract together with an
indication of the number of these persons, names and surnames of these persons, type of
employment contract and the size of the post and the signature of the person authorized to
submit a statement on behalf of the Contractor or Subcontractor, and
b) copies of employment contracts of persons performing activities referred to in the
above-mentioned statement of the Contractor or Subcontractorrespectively certified for
compliance with the original, respectively by the Contractor or Subcontractor. Copies of
contracts should be anonymized in a way that ensures the protection of employees' personal
data, in accordance with the provisions of the Act of 10 May 2018 on the protection of personal
data and Regulation (EU) 2016 /679 of the European Parliament and of the Council of 27
April 2016 on the protection of individuals with regard to the processing of personal data
and on the free movement of such data, and repealing Directive 95/46/EC (General Data
Protection Regulation , OJ. UE L 119 of 2016, p. 1-88), where information such as name,
date of conclusion of the contract, type of employment contract, full-time job and job
position and scope of activities performed should be identifiable, or
c) certificate of the competent ZUS branch confirming the payment by the Contractor or
Subcontractor of social and health insurance contributions for the last settlement period or
d) certified as a true copy by the Contractor or Subcontractor, respectively, of the proof
confirming the employee's registration for insurance by the employer, anonymized in a
manner ensuring the protection of employees' personal data, in accordance with the provisions
Act of 10 May 2018
on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and
of the Council of 27 April 2016. on the protection of individuals with regard to the processing
of personal data and on the free movement of such data, and repealing Directive 95/46/EC
(General Data Protection Regulation, OJ. UE L 119 of 2016, p. 1-88), whereby the
employee's name and surname are not subject to anonymization.
If the documents presented by the Contractor or Subcontractor raise justified doubts of the
Contracting entity as to their compliance with reality or authenticity, the Contractor or
Subcontractor, at the request of the Contracting entity and within the time limit indicated by it,
shall submit additional documents or explanations in this regard.
If the Contractor or Subcontractor fails to provide documents confirming compliance with the
requirement to employ persons performing the activities indicated in the first paragraph of
this SubCLAUSE under an employment contract, or these documents raise reasonable doubts of
the Contracting Authority as to their compliance with reality or authenticity, and the Contractor or
Subcontractor does not present additional documents or does not explain them, the Contracting
Authority shall notify the competent
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district labour inspector, requesting an inspection at the Contractor's or Subcontractor's.

12. In the event of failure to meet the deadlines specified by the Contractor due to the fault of the
Contractor
"Material and financial schedule", which results in the necessity to introduce unplanned track
closures, the Contractor undertakes to reimburse PKP Polskie Linie Kolejowe S.A. all costs
resulting from contractual penalties paid to carriers and other business entities, compensation
and costs for improper implementation of the train timetable, in accordance with the rules of
organization and granting of track closures Ir-19.
13. In addition, the Contractor shall cover the costs of train delays arising in connection with: late
notification of planned track closures, which make it impossible to agree with the carriers on the
timetable developed for the duration of the Works, in accordance with the rules of
organization and granting closures Ir-19 tracks, as well as: unagreed occupation of active
tracks during the Works, repair or replacement of infrastructure damaged during the Works,
introduction of other speeds than indicated in the Temporary Regulations for traffic during
theexecution of the Works, restrictions and difficulties in conducting traffic trains resulting
from defects, breakdowns, faults and other situations and events, including violations of the
active track gauge by the Contractor's machines and devices.
14. The costs of train delays will be calculated on the basis of the data included in the Operating
Work Record System (SEPE), while the costs of introducing substitute communication, the use of
locomotives to pull trains and driving on circular roads, according to invoices submitted by
carriers.
15. The Parties agree that the Contractor will cover the costs of substitute communication both in the
case of planned track closures as well as in any other case. Due to the binding obligations of
the Ordering Party resulting from agreements concluded for the provision of railway infrastructure
between the Ordering Party and railway carriers, the only acceptable solution is to conclude contracts
for the implementation of substitute transport by railway carriers Ch.
16. The Ordering Party, after receiving an invoice from the carrier, re-invoices to the Contractor the costs
resulting from this invoice. The Contractor undertakes to pay the above-mentioned invoice issued by
the Contracting entity to the bank account indicated on the invoice within 21 days from the
date of its issue.
17. The amount indicated in the Breakdown of the Offer Price to cover the costs of substitute
communication is to be included in the offer by the Contractor. The amount indicated in the
Breakdown of the Offer Price does not include the costs of substitute communication introduced
as a result of the Contractor's culpable act or omission or as a result of circumstances for
which the Contractor is responsible under the Contract. The cost of substitute communication
caused by the Contractor's culpable act or omission or circumstances for which the Contractor is
responsible under the Contract shall be covered by the Contractor and shall not be included in
the Contractor's remuneration. The Contracting Authorityreserves the right to pursue further
claims from the Contractor related to the need to provide additional substitute communication
caused by the culpable act or omission of the Contractor or circumstances for which the
Contractor is responsible shall be borne by the Contractor on the basis of the Contract,
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in particular to the extent specified in the Rules for the organization and granting of Ir-19 track
closures.
18. If the value of invoices for the introduction of substitute communication possible to finance
within the amount indicated in the Offer Price Breakdown is lower than indicated therein, the
difference up to the amount provided for in the Offer Price Breakdown will not be paid to the
Contractor. The Parties agree that the Contractor shall not be entitled to anyclaims for failure to
use the full amount to cover the costs of substitute communication indicated in the Offer Price
Breakdown.
19. The cost constituting the amount of invoices paid by the Contractor to cover substitute
communication, which did not result from the culpable act or omission of the Contractor or
from circumstances for which the Contractor is responsible under the Contract, shall not be
entered into the SIRM (if the SIRM shall apply) and included in the subsequent Interim
Payment Certificate, in accordance with Sub-CLAUSES 14.3 and 14.6, following payment by the
Contractor of the invoice for the introduction of substitute communication. The Parties agree that
the Contractor shall not be entitled to interest for the period on the payment by the Contractor of
invoices covering costs to cover substitute transport until the date of payment by the Contracting
Authority resulting from the Transition Payment Certificate covering the above costs.
20. The Contractor is obliged to use SIRM on the terms set out in Sub-CLAUSE 14.3 of the Special
Conditions .
21. If on one Construction Site the Works are performed by more than one Contractor on the
basis of one Building Permit, the function of the Site Manager will be performed by an
employee of the Contractor's Staff performing works in the area track surface industry ,
subgrade with drainage.
Sub-CLAUSE 4.2 SECURITY FOR PERFORMANCE
The Parties agree that prior to the conclusion of the Agreement, the Contractor has lodged a Performance
Bond in accordance with the provisions set out in the Annex to the Tender. The Parties agree that
the Contractor has lodged the Performance Bond for a period of not less than 5 years, and the
Contractor undertakes to extend the Performance Guarantee or to lodge a new Performance Bond for
subsequent periods in accordance with the Agreement.
The Contractor shall ensure that the Performance Security is valid and enforceable until the
Contractor has completed and completed the Works and any defects have been removed. The
Performance Security shall be valid for a period of 30 days longer than the date of final acceptance or
the last Final Acceptance, if Final Acceptance was made for Sections or other parts of Works that are not
Sections within the scope of proper performance of the Agreement, and the Performance Security in the
Defect Reporting Period (in the amount of 30% of the value Performance Security) will apply for a
period of 15 days longer from the date of expiry of the Defect Reporting Period . If the terms of the
Performance Bond specify its expiry date and the Contractor is not entitled to receive the Takeover
Certificate before a date 30 days earlier than that expiry date for the proper performance of the Contract
or the Contractor is not entitled to receive the Performance Certificate before a date 15 days earlier than the
expiry date removal of any defects, the Contractor:
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a) will extend the validity of the Performance Security until the Works are completed and any
defects are removed,
b) provide the Ordering Party, no later than 30 days before the expiry date of the existing security
lodged in a form other than in money, an extension of the existing security or a new
security for subsequent periods in accordance with this SubCLAUSE in terms of the
amount and term of validity.
If the Contractor fails to provide the Performance Security, in accordance with the provisions above,
the Contracting Authority changes the form to security in money, by paying the amount from the
existing security . This payment shall be made no later than on the last day of validity of the existing
security. The Performance Guarantee submitted is to comply with the provisions set out in the Annex
to the Tender.
The Contracting Authority agrees for the Contractor to pay at least 30% of the amount of the security
before signing the Agreement, in accordance with Article 150(3) and (4) of the Act. The remaining
part of the security amount (the Retained Amount) shall be deducted in instalments in the amount of 25%
of the net value of the Interim Payment Certificate issued, until the full value of the performance bond
is obtained specified in the IDW.
If, by the middle of the period for which the Contract was concluded, specified in § 2, the total
amount of the value of the security deducted in installments and paid by the Contractor, before
signing the Contract, does not reach the entire amount constituting the security for the proper
performance of the Agreement, the Contractor shall pay the shortfall in the amount of securitiesIA
within that period.
The Ordering Party shall not submit any demand on the basis of the Performance Security, except
for the amounts to which the Ordering Party is entitled under the Contract, in particular in the
following cases:
a) failure by the Contractor to extend the validity of the Performance Bond, as described above, in
which case the Contracting Authority may demand the full amount of the Performance
Security,
b) failure by the Contractor to pay the amount due to the Contracting entity, as either agreed by the
Contractor, or was determined in accordance with Sub-CLAUSE 2.5 of the Special Conditions
and 20 General Conditions, modified by the Special Conditions, and subsequently agreed upon
or determined in accordance with Sub-CLAUSE 3.5 of the General Conditions, within 10 days
of such agreement or determination,
c) failure by the Contractor to remedy any defect within the time limit indicated in the notification,
requiring that the failure be remedied,
d) the occurrence of circumstances that entitle the Ordering Party to withdraw from the Contract in
accordance with Sub-CLAUSE 15.2 of the Special Conditions, regardless of whether
notification of withdrawal was given,
e) withdrawal by the Ordering Party from the Contract in accordance with Sub-CLAUSE 15.5 of
Special Conditions, if the Ordering Party is entitled to claims not satisfied by the Contractor until
the withdrawal or in connection with withdrawal.
The Ordering Party shall pay the Contractor damages and assume material liability from it in
connection with all damages, losses and expenses (including court fees and other legal expenses)
arising from the claim under
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Performance Security to the extent that the Contracting Authority would notbe entitled to submit this
request.
The Contracting Authority shall return to the Contractor the Performance Guarantee in the amount of
70% within 30 days from the date of Final Acceptance or the last Final Acceptance, if Final Acceptance was
made for Inca Sectionsor other parts of Works that are not Sections. The remaining amount of 30% of the
Performance Bond will remain for securing claims arising during the Defect Report Period and will
be returned no later than 15 days after the expiry of this period, provided that all defects confirmed by the
Certificate of Performance issued by the Engineer in accordance with Sub-CLAUSE 11.9 of the
Terms and Conditions are removed Specific.
Sub-CLAUSE 4.3 REPRESENTATIVE OF THE CONTRACTOR
The Contractor's representative for the purposes of this Contract shall be the Site Manager.
The Contractor shall appoint, within 5 days of signing the Contract, a Representative of the Contractor
and provide him with all competences andauthorizations necessary to act on behalf of the Contractor
according to the Contract.
The Contractor's representative shall devote all his time to managing the performance of the Contract
by the Contractor. If the Contractor's Representative is to be temporarily absent from the Construction
Site during the execution of the Works, subject to the prior consent of the Engineer, an appropriate
replacement person will be appointed and the Engineer will be notified accordingly .
The Contractor's representative shall receive instructions on behalf of the Contractor in accordance
with Sub-CLAUSE 3.3 of the General Conditions.
The representative of the Contractor may delegate any of his powers, functions and authorizations to
any competent person and may at any time revoke this delegation. No such delegation or revocation shall
come into effect before the Engineer has received prior notice, signed by the Contractor's
Representative, naming the person and specifying the delegated or revoked powers of attorney,
functions and authorization.
The Contractor's representative and all persons authorized by him will have appropriate construction
licenses required by the Construction Law when undertaking their duties in accordance with the
Contract, taking into account the provisions of the Construction Law, i.e. when they perform functions
requiring such permissions.
The Contractor's representative (and all persons authorized by him) will be fluent in Polish, otherwise
the Contractor is obliged to ensure translation into Polish through translators and the possibility of
efficient communication with the Contractor's Representative (and all authorized persons persons by
him).
Sub-CLAUSE 4.4 SUBCONTRACTORS
1. The Contracting Authority shall, subject to paragraph 2 below, lay down the following requirements
for a Subcontract:
a) the deadline for payment of remuneration to the Subcontractor or further Subcontractor may not be
longer than 30 days from the date of delivery to the Contractor, Subcontractor or further
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Subcontractors invoice or bill, confirming the performance of the contracted Subcontractor or

further Subcontractor: supplies, services or works
b) payment of remuneration to the Subcontractor or further Subcontractor for construction works
performed by them being the subject of the Agreement, the implementation period of which
exceeds the settlement period adopted in the Agreement for the Contractor, will take place in
parts, on the basis of partial acceptance of Works performed by the Subcontractor or a further
Subcontractor;
c) performance of the subject of the Subcontract is determined at least at the level of quality resulting
from the Agreement concluded between the Contracting Authority and the Contractor and should
correspond to the requirements appropriate for this performance specified in the Functional and
Utility Program;
d) the period of liability of the Subcontractor or further Subcontractor of construction works for
defects in the subject of the Subcontract shall not be shorter than the period of liability for
defects in the subject of the Contractor's Agreement towards Contracting authority;
e) The Subcontractor or a further Subcontractor must demonstrate knowledge and experience
corresponding to at least the knowledge and experience required of the Contractor in connection
with the performance of the subcontracted Agreement and have personnel and equipment to
guarantee the proper performance of the subcontracted part of the Agreement;
f) The Subcontractor or further Subcontractor is obliged to provide the Contracting Authority, at its
request, with documents, statements and explanations regarding the performance of the
Subcontract (originals or photocopies of documents certified as being in conformity with the
original by a Subcontractor or a subcontractor );
g) The Subcontractor or a further Subcontractor shall comply with the prohibition on participation
(i.e. employment) of full-time employees of PKP Polskie Linie Kolejowe S.A. in the
performance of tasks covered by the Agreement concluded between the Contractor and the Contractor,
other than conducting didactic classes;
h) all amounts of remuneration retained by the Subcontractor or a further Subcontractor as security
for the performance of the Subcontract shall be tantamount to the conclusion of a deposit
agreement. In the event of suspension of payment of such amount, no claims for retention of
payment of such amounts, in particular for interest, shall be entitled. If the Contract provides for
an extended Performance Security, the Subcontract must contain analogous provisions;
i) The subcontract shall take into account the Subcontractor's obligation referred to in Sub-CLAUSE
4.1 of the subcontractor. 11 special conditions,
j) The subcontract will include the obligation to conclude an indexation clause in accordance with
SubCLAUSE 13.8.
2. Each draft of the Subcontract concerning construction works, each copy of the concluded
Subcontract as well as all correspondence in this matter shall be delivered by the Contractor and the
Subcontractor via post, courier or in person, at the same time to the Contracting Authority and
the Engineer.
3. The draft subcontract for construction works must indicate at least:
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a) full name of the Subcontractor,

b) information that the provisions of the subcontract referred to in paragraph 1 above also
apply fully to any further subcontracts or, alternatively, that no further subcontracting is
foreseen,
c) the provision that annexes to Subcontracts must be subject to the same assessment procedure
as Subcontracts,
d) specification of the scope of Works and location (usingfor clarification of the scope of Works
and location from the Breakdown of the Offer Price / Interim Payment Certificate), as well as the
equipment with which the Works will be carried out, if the subcontracting concerns the
track surface,
e) net value of commissioned Works in PLN. In the draft Subcontract between the Contractor
and the Subcontractor or Subcontractor and the further Subcontractor, the net value of the
Works commissioned may not be higher than the net value of the Works commissioned under
the Agreement concludedbetween the Contracting Authority and the Contractor,
f) provisions on valorisation taking into account the provisions of the Sub-CLAUSE
13.8 Special Terms .
The Interim Payment Certificate must indicate the scope of the Works (and received by the Engineer) by
individual Subcontractors/further Subcontractors and the amount to be paid by each of the
Subcontractors /further Subcontractors.
4. The Contractor shall subcontract only works consisting of: (enter the scope of Works from the
Single Document submitted together with the Offer).
Pursuant to Art. 36b(1a) and (1b) of the Act, the Contracting Authority requests that the
Contractor and on the Commencement Date, if this information is already known, provide the
names and contact details of the Subcontractors of construction works, supplies or services and
contact persons involved in the performance of part of the Agreement. The Contractor shall
notify the Contracting entity of any changes to the data referred to in the preceding sentence
during the performance of the contract, and shall also provide information on new Subcontractors to
whom it intends to entrust at a later date execution of Umo out parts.
5. The conclusion of a subcontract for construction works requires the consent of the
Contracting Authority each time, therefore:
a) The Contractor intending to conclude a Subcontract (or amend such an agreement) is
obliged to submit to the Contracting Authority and the Engineer a draft of this contract
(as well as a draft amendment thereof), with the Subcontractor or a further
Subcontractor is obliged to attach the Contractor's consent to the conclusion of a
subcontract with the content consistent with the draft contract (or consent to amend
this contract). The submitted draft Subcontract (or a draft amendment thereof) must
comply with applicable law and the provisions of the Agreement;
b) The Contracting Authority has the right to submit written objections to the presented
draft Subcontract (as well as its draft
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amendments), in particular in the situation referred to in Art. 143b(3) of the Public

Procurement Act, within 30 days from the date of presentation of the agreement (as well
as the draft amendment thereof). Failure by the Contracting Authority to raise written
objections to the submitted draft Subcontract (as well as to the draft amendment thereof)
within this period shall be considered as acceptance of the draft contract by the
Contracting Entity;
c) if the Contracting Authority raises objections to the Subcontract or to the draft
amendment thereto , the 30-day period referred to above shall be counted anew from
the date of presentation of the amended draft Subcontract or Project its changes;
d) The Contractor, Subcontractor or further Subcontractor shall submit to the
Contracting Authority a certified copy of the concluded Subcontract (or its amendment)
within 7 days from the date of its conclusion. The Ordering Party has the right to
object in writing to this contract (or its amendment) in the situation referred to in
Article 143 b paragraph 3 of the Act, within 30 days from the date of presentation of
the contract (or its amendment). Failure by the Ordering Party to submit a written
objection to this Subcontract (or its amendment) within this period shall be considered
as acceptance of the Agreement (or its amendment) by the Ordering Party.
The above procedure set out in subsections a) to d) shall also apply to contracts with further
Subcontractors. Failure by the Contractor to fulfill the obligations set out above shall result in
the inability to use the Subcontractor / further Subcontractor and constitute the basis for
immediate removal of the Subcontractor (further Subcontractor) by the Ordering Party or request
the Contractor to remove it the said Subcontractor (further Subcontractor) from Plac Bu dowy.
These provisions do not exclude other rights of the Ordering Party specified in the Agreement.
6. The Contractor, Subcontractor or further Subcontractor is obliged to submit to the Contracting
Authority and the Engineer a certified copy of the concluded Subcontract for deliveries or services
(as well as a copy of the amendment to this contract), within 7 days of its conclusion, if the value
of such a contract isgreater than 0.5% of the Accepted Contract Amount, in each case, when it is
more than PLN 50,000. The submitted copy of the Subcontract (or a copy of its amendment) must
comply with applicable law and the provisions of the Agreement.
7. The Contracting Authority shall allow for the change or resignation of the Subcontractor whose
resources the Contractor referred to in order to demonstrate compliance with the conditions
for participation in the procedure or selection criteria, provided that the Contractor demonstrates
that the new Subcontractor or Contractor independently has at least the potential of the entity
replaced, to the extent that it has been examined at the stage of assessing compliance with the
conditions for participation in the procedure or selection criteria.
8. If the Subcontractor is entrusted with the performance of a part of the contract falling within the
scope of the subject of the Agreement, during the performance of the Agreement, the
Contractor shall be obliged to present a statement referred to in Article 25a(1) of the Public
Procurement Act or statements or documents confirming the absence of grounds for exclusion
against that Subcontractor. If the Ordering Party finds that there are grounds for a given
Subcontractor
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exclusion, the Contractor is obliged to replace this Subcontractor or resign from entrusting the
performance of part of the contract to the Subcontractor. This regulation shall apply to further
Subcontractors.
9. Changing the scope of Works performed by Subcontractors with the help of which the Contractor
implements the subject of the Agreement is possible, if it is necessary for the proper
implementation of the subject of the Agreement, and provided that it does not violate the
provisions of this Sub-CLAUSE.
10. The Contractor shall be fully liable for the actions or omissions of each Subcontractor, its
representatives or employees, as if they were the Contractor's actions or omissions and for
maintaining PKP Polskie business secrets Linie Kolejowe S.A. and other legally protected
secrets acquired in connection with the implementation of this Agreement and for compliance
with the provisions of the document "Information Security Policy at PKP Polskie Linie
Kolejowe S.A. for Partners Business Company SZBI-Ibi-1a", available on the website of the
Ordering Party www.plk-sa.pl.
11. Unless otherwise specified in the Contract, then:
a) The Subcontractor and the further Subcontractor must have appropriate qualifications
and equipment guaranteeing the proper execution of the Works,
b) The Contractor shall notify the Engineer of the intended date of commencement of work of
each Subcontractor and of the commencement of such work on the Construction Site,
c) each sub-assignment shall contain provisions authorising the Purchaser to require that
the sub-subcontract be assigned to the Purchaser under Sub-CLAUSE 4.27 of the
Special Conditions (if the circumstances provided for therein) or in the event of
termination a contract under Sub-CLAUSE 15.2 of the Special Conditions,
k) within 30 days from the date of payment (in the case of final payment 14 days from the date of
invoice) the Contractor shall submit to the Contracting Authority for a given part of the Works
statements of Subcontractors and further subcontractors referred to in Article 143c paragraph 1
of the Act on the Protection of Works participating in the execution of Works received and
certified for payment in the Payment Certificate by the Engineer, that their claims for the execution
of subcontracted Works have been settled together with the invoice/bill or other accounting
document and proof of their payment to the Under-Contractors and further Subcontractors, under
pain of withholding the payment of subsequent parts of the remuneration due in a part equal to the
sum of amounts resulting from unsubmitted proofs of payment, and in the case of final payment
under pain of non-payment of part remuneration in the amount resulting from the Final Payment
Certificate, which has not been paid by the Contractor to Subcontractors and further
Subcontractors.
12. If the Subcontractor (further Subcontractor) of the construction works approved by the
Contracting entity in accordance with this Agreement or the notified Subcontractor of supplies
or services submits to the Ordering Party a statement that the Contractor does not make
payments for the construction works, services or supplies that have been accepted and certified
for payment in Certificate of Payment by the Engineer, and will document the asadnaxis t aci e go
f the 7 days from the date of receipt of such notification of evidence that certified by
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The Engineer has either been paid or that the payment obligation has been extinguished
otherwise than by payment.
If, after such a request, the Contractor does not provide evidence that the sums due to the
Subcontractor (or a further Subcontractor ) have been paid, then the Contracting Authority,
subject to Art. 143c(2) and (3) of the Public Procurement Act, after confirmation of the amount
by the Engineer, shall pay the Subcontractor (or further Subcontractors) the amount due net
of interest. The payment shall be made in the currency in which the Agreement between the
Contractor and the Contracting entity is settled. After paying the amount due directly to the Sub-
Contractor (or a further Subcontractor), the Ordering Party shall have the right to deduct an amount
equal to this amount from the Contractor's receivables towards the Ordering Party. After the
payment by the Contracting entity to the Subcontractor (further Subcontractor), the Contractor
shall not be entitledto invoke against the Contracting entity these objections against the
Subcontractor about which the Contracting entity has not been informed by the Contractor
within 7 days after the delivery of the request described above.
If there are fundamental doubts of the Ordering Party as to the amount of payment due or the entity to
which the payment is due, the Ordering Party shall be entitled to deposit with the court the
amount needed to cover the remuneration of the Subcontractor (or a further subcontractor).
13. In the event that the Ordering Party pays the Subcontractor (further Subcontractor) any amount
due to joint and several liability provided for in Article 647 1 et seq. of the Civil Code, the
Ordering Party shall be entitled to pursue a recourse claim towards the Contractor in the full amount,
i.e. including the principal amount paid and all other costs, including: interest, litigation costs,
enforcement costs.
14. The provisions of the above paragraph shall apply mutatis mutandis if the Contracting Authority
makes a direct payment to the Subcontractor (further Subcontractor) pursuant to Article 143c(2) and
(3) of the Public Procurement Act and the Contracting Authority will not be able to deduct the
amount paid in this way from the Contractor's receivables towards the Contracting entity.
Sub-CLAUSE 4.8 SECURITY PROCEDURES

1. The Contractor shall submit for approval to the Engineer a safety and health plan (BIOZ) no later
than within 7 days before the date of handing over the Construction Site, which does not release
from the obligation of the Contractor to have a BIOZ on the construction site.
2. The Contractor shall:
a) comply with all applicable safety regulations, including the Regulations of the
Contracting Authority posted on the Ordering Party's website (www.plk-sa.pl), in particular
the "Principles of work safety during the performance of investment, revitalization ,
maintenance and renovation works performed by employees of external entities on the
premises of PKP Polskie Linie Kolejowe S.A. and Guidelines on how to provide information
and inform employees of an external entity about threats to health and life during
performing works on the premises of PKP Polskie Linie Kolejowe S.A. - Ibh-105" (with
annexes), which constitute Annex 7 to the Special Conditions (hereinafter also referred to as
"Instruction Ibh-105");
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b) ensure the safety of all persons authorised to be on the Construction Site and persons
accidentally present at the Construction Site ;
c) maintain the Construction and Works Site in a conditionfree from unnecessary obstacles, so
as to avoid danger to the persons referred to in point (lit. b);
d) prevent any threats to railway traffic safety related to the execution of the Works on active
tracks (if applicable), including:
(i) planned the implementation of the Works (schedule, phasing) in a way that allows limiting
to the necessary minimum the use of substitute signals (Sz) to conduct railway traffic
on the adjacent active track (if applicable),
(ii) organized the Works in a manner aimed at ensuring the safety of railway traffic in
the vicinity of active tracks (if applicable), m.in. by discussing the subject of safety
at daily employee briefings , and building councils,
(iii) measures between the tracks or uses a warning system (optical, acoustic or combined -
automatic or semi-automatic) on the work machines each time at the workplace of
those machines or devices whose use or reach of the moving parts may exceed the
gauge of the active track,
(iv) fenced and protected against unauthorized access: access roads, technical roads and
access roads to work sites, in the vicinity of active tracks ,
(v) implemented the risk control measures provided for the Contractor resulting from the
risk analysis carried out by the Contracting Authority – in the case of the need to
grant long-term track closure related to the execution of works and conduct railway
traffic on the adjacent active track in based on substitute signals (Sz) – in
accordance with the provisions of
"Principles of organization and award of track orders" Ir-19;
(vi) participated in the development of the Regulations for temporary traffic during the
execution of the Works and reported to the designated employee of the Railway
Lines Plant any changes to the developed Temporary Regulations whenever its
provisions regarding the phasing of Works become inconsistent with the actual ones
the progress of the Works,
(vii) organize the Construction Site in a way that ensures proper visibility of active equipment
intended for railway traffic (signalingor indicators, indicators, etc.), as well as the
required visibility triangles at rail-road crossings,
(viii) immediately report to the traffic dispatcher of the nearest traffic station adjacent to
the route covered by the works any incidents (serious accidents, accidents and
incidents) in railway traffic occurring in connection with execution of Works,
(ix) underwent audit and control activities in the field of railway traffic safety carried out
by authorized employees of the Contracting Authority, as well as implemented their
recommendations (including
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with the obligation to suspend the Works) and remove the identified inconsistencies
and irregularities threatening the safety of railway traffic conducted on active tracks (if
applicable),
(x) each time before commissioning railway traffic control equipment that has been modified
or newly installed as part of the execution of the Works, it has provided the
Contracting Authority, in advance, with all technical documentation of these devices so
that it is possible to introduce appropriate changes to the technical regulations in force
at the Ordering Party and preparation of the Ordering Party's employees to operate
new or modified devices.
3. The Contractor's personnel (including Subcontractors or further Subcontractors) must meet the
requirements and conditions (including those specified in the Regulations of the Contracting
Authority) enabling work on active railway tracks .
4. The condition for admitting the Contractor's Personnel (including the Subcontractor or further
Subcontractor) to the work covered by the Agreement is to obtain personal passes entitling these
persons to enter the railway area.
Sub-CLAUSE 4.9 QUALITY ASSURANCE
The Contractor shall establish a Quality Assurance Program to demonstrate compliance with the
requirements of the Contract. The Contractor shall submit details of its Programme to the Engineer for
approval 28 days before commencing the Works covered by the Programme, taking into account:
a) quality management procedures that will be applied at the Construction Site, including works
carried out in winter,
b) organizational structure for the implementation of quality management procedures,
c) quality management instructions, including work carried out in winter,
d) certificate of having a Quality Management System or Quality Book in the absence of such a
certificate,
e) procedures to ensure that all Subcontractors (downstream Subcontractors) comply with
quality management requirements,
f) a schedule for performing verification tests taking into account the requirements contained in
detailed technical specifications, together with an indication of the equipment potential of
theContractor's laboratory and its personnel. The Contractor shall adjust the number of verification
tests to the adopted solutions and the progress of works and Works.
If the Engineer, within 7 days of receipt of the Quality Assurance Program proposal, does not give the
Contractor notice stating the extent to which the Quality Assurance Program is not in conformity with
the Contract, the Program shall be deemed to have been approved and the Contractor shall act in
accordance with with this Program.
If the Engineer submits comments on the Quality Assurance Program within the above period, the
Contractor will be obliged to take them into account within 7 days and resubmit the revised Quality
Assurance Program Engineer for approval. If the Contractor does not take into account the Engineer's
comments within the above deadline,
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and the Quality Assurance Program submitted by him will be inconsistent with the Agreement, the
Contractor will not be entitled to proceed with the Works.
Detailed information on all procedures and documents confirming compliance with them shall be
submitted to the Engineer for his information, before the commencement of each Stage of Works.
When a technical document is issued to the Engineer, the document itself will be marked with a
visible proof of approval of this document by the Contractor.
The engineer or the Ordering Party shall be entitled to control the applicationof the Quality Assurance
Programme. In the event of failure of the Contractor to comply with the assumptions set out in the
Quality Assurance Programme, the Contracting Authority shall be entitled to the rights specified in
Sub-CLAUSE 2.5 of the Special Conditions.
Compliance with the Quality Assurance Program does not release the Contractor from any of its obligations
, obligations or responsibilities under the Contract.
Subclause 4.10 CONSTRUCTION SITE DATA
Information about the Construction Site held by the Ordering Party is included in the Terms of
Reference/Functional and Utility Program. The Contractor will obtain the remaining information on
their own and through their own efforts.
The contractor shall develop maps for design purposes, makeConstruction Projects and other drawings
where required .
The contractor will determine the geotechnical conditions for the foundation of buildings. Soil
surveys are to be included in the Accepted Contract Amount.
The contractor shall bear all costs caused by damage to the underground utilities.
The Contractor shall be deemed to have obtained, to the extent practicable (taking into account the cost and
time), all necessary information regarding hazards, unforeseen expenses and other circumstances that
may affect the Offer Documents or the Works. To the same extent, it shall be deemed that the Contractor
has viewed and checked the Construction Site, its surroundings, the above data and other available
information and that, prior to submitting the Tender Documents, it will consider them sufficient for all
relevant matters, including (without limitation):
a) the shape and nature of the Construction Site, including subsurface conditions,
b) hydrological and atmospheric conditions,
c) the scope and nature of work and goods necessary for the implementation and completion of the
Works and the removal of any defects,
d) Country's labor laws, procedures and practices, and
e) The Contractor's needs for access, accommodation, facilities, personnel, energy, transport,
water and other services.
SUB-CLAUSE 4.13 RIGHTS OF PASSAGE AND EQUIPMENT
The Contractor shall bear all costs and charges for special and/or temporary rights of passage that it
may need, including those relating to access to the Construction Site.
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The Contractor shall also obtain, at its own risk and expense, any additionsto the equipment that it
may need for the purposes of the Works.
If, in connection with the execution of the Works, it becomes necessary for the Contracting Authority to
make available to the Contractor any railway infrastructure equipment under the conditions specified in
the Regulation of the Minister of Infrastructure and Construction of 7 April 2017 on the provision of
railway infrastructure (Dz.U. of 2017 item 755 with later dates. as amended), the Contractor shall
bear all costs resulting from the provision of these equipment to the railway infrastructure, on the basis of
a separately concluded agreement on the provision of equipment.
Before commencing the Works, the Contractor, at its own expense, shall make a photographic and
descriptive inventory of buildings in adjacent areas and roads, access routes and external devices or
construction objects on the Construction Site and in its surroundings, the condition of which may
deteriorate as a result of the Works. Such inventory shall be certified by a protocol by the Contractor,
Engineer and operators or managers of such roads or external equipment or buildings.
Sub-CLAUSE 4.14 AVOIDING INTERFERENCE
The Contractor shall not unnecessarily interfere with:
a) public policy, or
b) T h e r a t i on s t h e r a t i on s t h e r a t i on s t h e r a t i on s it is public or owned by the
Contracting Authority or other entities. If it is necessary to close a plain track or a public road,
the Contractor shall act in accordance with the Requirements of the Contracting Entity.
The Contractor shall familiarize himself with the location of all existing equipment such as drains,
telephone and electrical lines and poles, water intakes, gas pipelines and civil engineering objects ,
before making any excavation and commencing other Works likely to tamper with those devices.
Theoperator shall be liable for damage to infrastructure elements disclosed in the PFU or in the
design documentation, i.e. for damage to roads, irrigation ditches, pipelines, cables and electrical
lines , telecommunication and telecommunications cables and any equipment caused by him or his
Subcontractor(s) during the execution of the Works. The Contractor shall be obliged to immediately repair
the damage at its own expense and, if necessary, to carry out allfurther Repair Works commissioned by
the Engineer.
The Contractor shall pay the Contracting Authority compensation and assume material liability from it
in connection with all damages, losses and expenses (including court fees and other legal expenses)
resulting from any such unnecessary or abnormal interference. The Contractor shall not be entitled to
any claims for extension of the Time for Completion and additional Cost in this respect.
In the event of damage, destruction or necessity to transfer railway geodetic signs during Works or
other works, the Contractor shall be obliged, in consultation with the Contracting Entity, to resume
or transfer the destroyed signs to its own cost, and in the case of state warp signs, should notify the
competent local Starost about this fact.
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Sub-CLAUSE 4.18 ENVIRONMENTAL PROTECTION

The Contractor shall act in accordance with the provisions of law in the field of environmental protection.
In particular, the Contractor will act in accordance with the provisions of the decision on
environmental conditions and in accordance with all other administrative decisions in the field of
environmental protection.
In the event of an imminent threat of damage to the environment caused by the Works carried out by the
Contractor, the Contractor is obliged to take immediate preventive action. The Contractor shall be
liable for environmental damage caused as a result of the Works. In the event of damage to the
environment, the Contractor is obliged to take action to limit the damage to the environment, prevent
further damage and take corrective action. All preventive and corrective actions shall be carried out
by the Contractor at its own expense.
If the competent authority finds that the implementation of the project violates the conditions and
obligations referred to in Article 136a of the Act of 3 October 2008.
on the provision of information on the environment and its protection, public participation in
environmental protection and on environmental impact assessments, in particular the requirements set out
in the decision on environmental conditions or in the decisions referred to in Article 86 The
Contracting Authority reserves the right to transfer to the Contractor fines in this respect, provided
for in Article 136a of the aforementioned Act arising as a result of the Contractor's activities.
The Contractor is obliged to apply and observe the provisions of the "Waste Management
Instructions of PKP Polskie Linie Kolejowe S.A. Is-1" (www.plk-sa.pl).
Sub-CLAUSE 4.20 CUSTOMER'S EQUIPMENT AND RELEASE MATERIAL
FREE
The content of the SubCLAUSE is deleted.
Sub-CLAUSE 4.21 PROGRESS REPORTS
Daily, Weekly and Monthly Reports on the progress of works will be prepared by the Contractor
according to the templates constituting Appendix No. 1 to the Special Conditions. These reports are
subject to approval by the Engineer. Reports will be submitted to the Engineer in the following forms and
deadlines:
a) Daily Reports in electronic, editable form and in the form of a scan up to an hour
10.00 on the day following the day to which the report relates and within 7 daysin paper form,
b) Weekly Reports in electronic, editable form and in the form of a scan by 10.00 a.m. on the
next business day after the week to which the report relates and within 7 days in paper form,
c) Monthly Reports in editable electronic form and in scan form and in 4 copies in paper form -
by the 7th day of the calendar month following the reporting month.
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If the Contractor receives an order to start the Works in the second half of the month, then the first
Monthly Report on the Progress of Works will be submitted within 7 days after the end of the next
month. This report will cover the period from the beginning of implementation.
The fifthMonthly Progress Report will cover the period until the end of the first calendar month
following the month in which the Start Date took place. Subsequently, the Monthly Progress
Reports will be submitted monthly, each within 7 days from the last day of the period to which the
Progress Report relates.
Progress Reports will be submitted until the Contractor has completed all work known to be outstanding as of
the date of completion stated in the Labour Takeover Certificate .
Each Monthly Progress Report will include:
a) charts and detailedlists of work progress, covering each stage of design, creation of the
Contractor's Documents, ordering, product, delivery to the Construction Site, construction,
assembly, testing, including the same activities for Works carried out by each Subcontractor;
b) dated photographs showing the progress and progress of the Construction Site;
c) for the product of each main item of Equipment and Materials, the name of themanufacturer, the
place of product, the percentage of progress and the actual or expected dates:
(i) start of the product,
(ii) inspection of the Contractor,
(iii) Attempts
(iv) dispatch and arrival at the Construction Site;
d) detailed information described in Sub-CLAUSE 6.10 of the Special Conditions,
e) copies of quality assurance documents, test results and certificates of the Materials;
f) a list of notices sent under Sub-CLAUSE 2.5 of the Special Terms and under Sub-CLAUSE
20.1 of the General Conditions,
g) safety statistics , including details of dangerous incidents and activities relating to railway safety,
environmental protection and contacts with the public;
h) comparison (in the form of a Gantt chart in MS Project orequivalent, which will allow you to
play, store, save and change files in the format
*.mpp) actual and planned material and financial progress of the work, with details of any events
or circumstances that could jeopardize the completionof the Works in accordance with the
Contract and measures taken (or to be taken) to prevent delays, in accordance with the guidelines
provided by the Contracting Authority, in a manner enabling the Contractor to appropriate Reporting
i) information on the impact of work progress on planned track closures,
j) details of any events or circumstances that could jeopardize the completion of the Works under the
Contract and the measures taken (or to be taken ) to prevent delays,
k) updated payment plans as required by Sub-CLAUSE 14.4 of the Special Terms on a monthly
basis with any items that may arise
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as a result of the application of CLAUSE 13 and CLAUSE 20 of the General Conditions as

modified by the provisions of the Special Conditions,
l) a forecast of the Accepted Contract Amount, which should include all of thecollicity that may
affect its amount, together with an explanation of any discrepancies.
m) list of Subcontractors,
n) description of the Contractor's activities in the field of environmental protection and
activities resulting from the recommendations of environmental and environmental supervision,
including , among others:
(i) a detailed list of decisions and permits obtained by the Contractor in the field of
environmental protection (e.g. water law permits, decisions on the removal of trees and
shrubs, permits for derogations from prohibitions referred to in the provisions of the Act
on nature protection),
(ii) a detailed description of organizational and technical activities related to the construction
phase resulting from environmental protection requirements on the basis of administrative
decisions obtained ,
(iii) a detailed list of environmental protection devices (including water and sewage
management devices), with an indication of the exact location and parameters of the
devices made ,
(iv) information on any perceived threats to the natural environment, including the occurrence
of an imminent threat of damage to the environment caused by the Works carried out by
the Contractor and information on all actions taken by the Contractor to to limit
environmental damage, prevent further damage and take preventive and corrective action,
(v) information on generated waste and methods of its management, in accordance with the
applicable Regulations of the Contracting Entity.
Sub-CLAUSE 4.22 SECURING THE CONSTRUCTION SITE
Unless otherwise stated in the Contract, then:
a) The Contractor will be responsible for admitting unauthorized persons to the Construction Site,
b) authorised persons shall be limited to the Contractor's Personnel and Contracting Authority's
Staff and any other personnel of which the Contracting Authority or the Engineer has been
notified as authorised staff of other Contracting Contractors on the Construction Site, and
c) the right to enter the Construction Site is granted to representatives of competent public
administration bodies and other persons authorized on the basis of generally applicable
regulations.
Sub-CLAUSE 4.24 EXCAVATIONS
Any fossils, coins, valuables or ancient objects, buildings and other remains or objects of geological or
archaeological interest,
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found on the Construction Site, will be taken into the care and management of the Ordering Party. The
Contractor shall take all reasonable precautions to prevent the removal or damage by the Contractor's
Personnel or by other persons of any of these findings.
Upon discovery of any such find, including in the event of discovery of an unexploded ordnance
or unexploded ordnance, the Contractor shall immediately notify the Engineer and, using available
means, secure the find and mark the place where it was found, and immediately notify the competent
provincial conservator of monuments about finding this find, or other competent authorities in the
event of discovery of an unexploded ordnance or unexploded ordnance, and if this is not possible, the
competent authorities in accordance with the applicable regulations.
Upon receipt of this notification, the Engineer will proceed in accordance with Sub-CLAUSE 3.5 of the
General Terms and Conditions to agree or determine these matters.
The following SubCLAUSES are inserted:
Sub-CLAUSE 4.25 PROGRESS MEETINGS
Within 7 days of the submission of the first Monthly Progress Report by the Contractor to the Engineer, a
Progress Meeting will be held at the place designated by the Engineer regarding the progress of
work, with the participation of the Engineer and the Contractor's Representative, at which the Progress
Report will be discussed, any matters that may be the cause of any claims or disputes and other relevant
matters. The Personnel Orderingit may also participate in Progress Meetings. The next Progress of Work
Meetings will be held in a cycle of at least two weeks.
Within 3 days of the Work Progress Meeting, the Engineer shall provide a report of this meeting to be
agreed by the Contractor. Protaround does not replace any communications required by the Contract
in accordance with Sub-CLAUSE 1.3 of the Special Conditions.
The Ordering Party, Engineer or Contractor may request additional meetings. Relevant information with the
reason for the additional meeting should be provided within 7 days before its date.
The Contractor's representative is obliged to participate in the Meetings of theWorks, which will be
organized by the Engineer.
Sub-CLAUSE 4.26 CONSTRUCTION LOG
The Contractor is responsible for keeping the Construction Log at the Construction Site. The Site
Manager must, at each request, make the Construction Log available to persons authorized to make
entries in accordance with the Construction Law.
Entries in the Construction Log do not release the Parties and the Engineer from complying with
the requirements of SubCLAUSE 1.3 of the Special Conditions, unless otherwise agreed between the
Parties and the Engineer and confirmed in writing.
Any entries in the Construction Log made by authorized persons not representing the Contracting Entity,
Contractor or Engineer, the Contractor is obliged to immediately report to the Engineer. The engineer
will take appropriate action required by suchentries in accordance with the Construction Law and the
Agreement.
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SUB-CLAUSE 4.27 ASSIGNMENT OF SUBCONTRACTING BENEFITS

The Contractor shall assign to the Ordering Party the benefits of such obligations of the Subcontractor that
exceed the expiry date of the relevant Defect Reporting Period, if the Engineer instructs the Contractor to
make this assignment before the expiry of this period. Unless otherwise agreed in such assignment, the
Contractor shall not be liable to the Ordering Party for Works performed by the Subcontractor from
the moment the assignment enters into force.
CLAUSE 5 DESIGN
Sub-CLAUSE 5.1 GENERAL PROJECT OBLIGATIONS

The Contractor is obliged to prepare a Construction Project including Works specified in the
Requirements of the Contracting Authority, in accordance with the Construction Law, and other
projects provided for in the Agreement, including in particular detailed designs sufficient to check,
verify, approve or give an opinion on the Works by the Engineer and the execution of the Works
and their acceptance, as well as the Technical Specifications for the execution and acceptance of
the Construction Works. The Contractor is entitled to use the design studies provided by the Contracting
Authority for information purposes. The contractor will be responsible for projects as a designer within
the meaning of the Construction Law. The Contractor is obliged to ensure constant author's supervision in
accordance with the requirements of the Construction Law. As part of the author's supervision, the
Contractor is obliged to carry out all projects in accordance with the conditions specified in the
Requirements of the Contracting Authority. The project will be prepared by qualified designers, who
are engineers or other professionals meeting the criteria (if any) specified in the Ordering Party's
Requirements. Unless otherwise specified in the Contract, the Contractor shall submit to the Engineer
the names and details of each proposed designer and Subcontractor of the project.
The Contractor shall ensure that he, his designers and Subcontractors of the project have the
experience and abilities necessary to perform the project covered by the Agreement and the design
rights required by the Construction Law. The Contractor undertakes that the designers will be available to
participate in discussions with the Engineer at all reasonable times until the date of expiry of the
relevant Defect Period .
The Contractor declares that before submitting the Tender it has read the Requirements of the
Contracting Authority and considered the information contained therein to be correct and sufficient
for the design and execution of works and Works in accordance with the Contract. If, after the
Commencement Date in accordance with Sub-CLAUSE 8.1 of the Special Conditions, the Contractor
encounters errors, defects or irregularities in the Requirements of the Contracting Entity, the Contractor
shall bear the burden of proof that such error, defect or irregularity could not be found by an experienced
Contractor before submitting the Offer. The Contractor shall then give the Engineer reasonable notice
and the Engineer shall be entitled to request additional evidence whenever he deems it appropriate.
In any case, Sub-CLAUSE 1.9 of the Special Terms shall apply mutatis mutandis.
Upon receipt of the above notification, the Engineer shall determinewhether Clause 13 of the General
Conditions, as amended by the Special Conditions, shall apply and shall notify the Contractor
accordingly. If and to the extent that experienced
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the contractor, exercising due diligence (taking into account the cost and time) would detect this error,
irregularity or other defect by examining the Construction Site and the Requirements of the Contracting
Authority before submitting the Tender Documents, The Completion Time will not be extended and the
Accepted Contract Amount will not be corrected.
The Ordering Party obliges the designer/designers to exercise author's supervision until the end of the
Contract.
SUB-CLAUSE 5.2 CONTRACTOR'S DOCUMENTS
The Contractor's Documents shall consist of: technical documents specified in the requirements of the
Contracting Entity, documents necessary to establish limited property rights on real estate not owned
by the Ordering Party, documents allowing to obtain all approvals required by law, including
necessary arrangements, location decisions, building permits and documents described in Sub-
CLAUSE 5.6 and Sub-CLAUSE 5.7 of the Special Conditions. Unless otherwise specified in the
Customer's Requirements, the Contractor's Documents shall be written in the language of the
communications as defined in Sub-CLAUSE 1.4 of the General Conditions.
The Contractor shall prepare all Contractor Documents as well as any other documents necessary to
instruct the Contractor's Personnel. The Ordering Party's staff shall have the right to inspect the
preparation of all these documents, wherever they are prepared.
If the Customer's Requirements describe the Contractor's Documents to be submitted to the Engineer for
review and/or approval, they shall be submitted with the notice accordingly, as described below. In the
provisions of this Sub-CLAUSE: (i) "review period" means the period required by the Engineer to
review and (if so specified) for approval, and (ii) the Contractor's Documents exclude any document
that is not specified as required to submission for review and/or approval.
Unlessotherwise specified in the Ordering Party's Requirements, no review period shall exceed 21 days
from the date on which the Engineer receives the Contractor's Document and the Contractor's
notification. This notification shall state that the Contractor's Document in question is considered ready
both for review (and approval, if so specialised) in accordance with this Sub-CLAUSE and for use. The
notification shall also state that the Contractor's Document in question is equivalent to the Contract or
the extent to which it does not correspond to the Contract.
The engineer may, during the review period, give the Contractor notice that the Contractor's
Document does not correspond (to the extent specified) to the Contract. If a given Contractor
Document does not so correspond to the Contract, that Document shall be corrected, resubmitted and
reviewed (and, if specified, approved) in accordance with this Sub-CLAUSE, at the Contractor's
expense.
For each part of the Works, except to the extent for which the prior approval or consent of the
Engineer has been obtained:
a) for any Contractor Document that has been (as specified) submitted to an Engineer for approval:
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(i) The Engineer will give the Contractor notice that this Contractor Document is approved with
or without comments, or does not correspond (to the extent specified) to the Contract;
(ii) the execution of such part of the Works will not commence until the Engineer approves this
Document to the Contractor; and
(iii) the Engineer shall be deemed to have approved this Contractor Document upon expiry of the
review periods for all Contractor Documents relating to the design and execution of such part,
unless the Engineer has previously given notice in accordance with the sub-pointem (i) that it
is otherwise;
b) the implementation of such part of the Works will not commence before the expiry of the
review periods of all Contractor's Documents relating to its design and implementation;
c) the execution of such part of the Works will be in accordance with these reviewed (and, if specified,
approved) Contractor Documents ;
d) if the Contractor wishes to modify any design or document that has already been submitted for
review (and, if so specified, approval), the Contractor shall immediately give notice to the
Engineer. The Contractor shall then submit the amended documents to the Engineer in
accordance with the above procedure; and
e) if the law or practical reasons require that certain Contractor Documents be verified by persons
authorized or approved by the relevant authorities, the verification and/or obtaining approvals will
be carried out by the Contractor atits expense before the documentation is submitted for acceptance
by the Engineer. At the same time:
(i) verification and/or approval does not prejudge the Engineer's acceptance, which will refuse
its acceptance whenever it finds that the Contractor's Document does not meet the
requirements of the Contract; and at the same time
(ii) acceptance by the Engineer does not diminish the Contractor's liability under the
provisions of the Contract.
If the Engineer instructs that further Contractor Documents are necessary to carry out the Works, the
Contractor shall prepare them immediately.
No such approval or consent, or any review (under this Sub-CLAUSE or otherwise) shall release the
Contractor from any obligation or liability.
Sub-CLAUSE 5.3 UNDERTAKING BY THE CONTRACTOR
The Contractor undertakes that the design documentation, Contractor's Documents,
implementation and completed Works will comply with:
a) the laws of the country; and
b) Documents constituting the Contract, as amended or modified by the Amendments.
The Contractor is obliged to comply with the requirements of Building Permits, Demolition Permits
and is obliged to give the authorities full opportunity to inspect and check the Works. In addition, the
Contractor will allow the authorities to participate in the screening and screening procedures, which
does not release the Contractor from any liability under the Agreement.
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Sub-CLAUSE 5.6 AS-BUILT DOCUMENTATION

The Contractor shall prepare, and shall keep up to date, a complete set of as-built records from the
execution of the Works, showing the exact as-built location, dimensions and detailed information
regarding the work as it was carried out. These records will be kept at the Construction Site and
will only be used for the purposes of this Sub-CLAUSE. Two sets will be submitted to the Engineer
before the start of the Final Tests.
In addition, the Contractor shall provide the Engineer with as-built drawings of the Works showing all
the Works as they were completed and submit them to the Engineer for review in accordance with Sub-
CLAUSE 5.2 of the Special Conditions. The Contractor shall obtain the Engineer's consent for their
format, citation system and other related details.
Within the time limits specified in Sub-clause 2.7 of the Special Conditions, the Contractor shall
provide the Engineer with the relevant as-built drawings in the specified number and in the specified
type of copies, in accordance with the Customer's Requirements. The works shall not be considered
completed for the purpose of taking over them under Sub-CLAUSE 10.1 of the Special Conditions
until the Engineer has received these documents.
The Contractor is obliged to provide the Engineer with As-built Documentation prepared in a clear
form (in graphic and electronic versions, both in the non-editable version and in the version enabling
their editing) in triple copies for each the completed Sections of Works to be handed over for use in
accordance with Polish law.
Alldrawings, instructions for use and other documentation should be made in Polish.
The Engineer may specify the scope of the As-built Documentation, documents listed in the relevant
provisions of the Construction Law and other as-built documents indicated in the Requirements of the
Contracting Authority, and the Works will not be considered completed for the purposes of their takeover
in accordance with Sub-CLAUSE 10.1 of the Special Conditions, until the Engineer receives these
documents, and the Contractor in the name and on behalf of the Contracting Authority will obtain
a decision on the occupancy permit.
SUB-CLAUSE 5.7 OPERATING AND MAINTENANCE MANUALS
Prior to the commencement of the Final Tests, the Contractor shall provide the Engineer with
temporary operating and maintenance instructions, in sufficient detail to enable the Customer to
operate, maintain, disassemble, assemble, adjust and repair the Equipment.
The works shall notbe deemed completed for the purposes of their acceptance in accordance with Sub-
CLAUSE 10.1 of the Special Conditions until the Engineer has received final operating and
maintenance instructions of such detail and any other instructions specialized in the Customer
Requirements for these purposes.
The Contractor shall provide user manuals in Polish.
The Contractor shall, at its own expense, conduct staff training in operation and maintenance in the
amount necessary for the proper functioning of all equipment.
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CLAUSE 6 MANAGERIAL STAFF AND LABOUR
Sub-CLAUSE 6.5 WORKING HOURS

During the performance of the Agreement, the Contractor is obliged to carry out the Works
uninterruptedly from 6.00 a.m. to 10.00 p.m. 6 days a week (Monday to Saturday inclusive), subject to
the provisions of the decision on environmental conditions and subject to adverse weather conditions,
which do not allow the execution of given Works. The inability to perform the Works in question
from 6.00 to 22.00 and in given weather conditions must be confirmed by the Engineer who
represents the Ordering Party. During round-the-clock track closures or if required by the technology of
the Construction Works concerned, the Contractor is obliged to carry out construction works 7 days a
week or around the clock, with the exception of:
a) works in the area of acoustically protected areas, where throughout the year works can be
carried out only from 6.00 a.m. to 10.00 p.m.;
b) the situation that the decision on environmental conditions specifies a condition prohibiting
work 7 days a week or around the clock;
c) other than those mentioned in point. a. and b. justified cases, accepted by the Ordering Party.
SUB-CLAUSE 6.6 PREMISES AND EQUIPMENT FOR
STAFF
MANAGEMENT AND MANPOWER
Unless otherwise stated in the Ordering Party's Requirements, the Contractor shall provide and
maintain all necessary living and social facilities for the Contractor's Personnel.
The Contractor shall not permit any of the Contractor's Personnel to arrange any temporary or
permanent accommodation on the Construction Site.
Sub-CLAUSE 6.7 HEALTH AND SAFETY
The Contractor shall at all times take all reasonable measures to ensure the health and safety of the
Contractor's Personnel.
The Contractor shall ensure the availability of medical personnel, first aid and ambulance services for the
Contractor's and the Contracting Authority's Personnel. The Contractor shall comply with the
principles of safety and health protection at the Construction Site as specified in the Safety and
Health Plan (BIOZ) prepared by the Contractor.
The contractor shall employ or appoint an insp for occupational safety, as required by the Act of 26
June 1974. The Labour Code (i.e. Dz.U. of 2016 item 1666 with later dates. as amended) and the
Regulation of the Council of Ministers of 2 September 1997 on the occupational safety and hygiene
service (Journal of Laws of 1997, No. 109, item 704 with later dates). Deaths).
The Contractor shall notify the Engineer of any accident within 24 hours of the incident at the
Construction Site, in its vicinity or in connection with the Works being carried out. The contractor
should also report the accident to the relevant authority, if the law requires sucha report.
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Before commencing the Works, the Contractor - in accordance with the provisions of Instruction Ibh-105 -
shall submit a written statement regarding:
a) up-to-date medical examinations of the Contractor's employees, including medical
examinations of employees related to train movements in accordance with separate regulations,
b) news of trainings in the field of health and safety of the Contractor's employees,
c) possession by the Contractor's employees related to the movement of trains of the required
qualifications, trainings and examinations in accordance with separate regulations, in
connection with the performance of activities related to the movement of trains,
d) possession and use by workers of personal protective equipment, work clothing and footwear.
The Contractor shall submit to PKP Polskie Linie Kolejowe S.A. – the competent railway line plant
a written request to determine the date and place of informing its employees about the occurrence of
threats to safety and health in connection with the implementation of the Agreement.
Submitting the statement and making the information referred to above, and obtaining on this basis
personal passes entitling to enter the railway area is a condition for admitting the Contractor's
employees to carry out the works covered by the Agreement.
If the Contracting Authority finds that work is performed in a manner that endangers human health or life,
as well as a gross violation by the Contractor or persons working on its behalf of the provisions on
occupational health and safety, fire protection of the provisions of the applicable regulations, as well as
failure to comply with the provisions of the Agreement in this respect, the Contractor undertakes to pay a
fine in the amount determined on the basis of "Tariff" constituting Annex 5 to Instruction Ibh-105
SUB-CLAUSE 6.8 MANAGEMENT OF THE CONTRACTOR
During the design and execution of the Works and as long as necessary to fulfill the Contractor's
obligations, the Contractor shall provide all management necessary to: plan, organize, direct,
manage, inspect and test the work.
The Contractor's management shall have appropriate authorisations to perform the functions entrusted
to them. If the Contractor justifies the need to replace any person from the Contractor's management
indicated in the Offer, the new person must have appropriate construction licenses required by the
Construction Law and have experience and qualifications not less than those specified in the Terms of
Reference or in the contract notice.
A change in the course of the implementation of the subject of this Agreement of any of the persons
authorized or authorized to perform projects, manage construction and to manage works for which the
requirements are specified in the Terms of Reference or the contract announcement must be justified
by the Contractor in writing and requires written approval by the Engineer in agreement with the
Ordering Party. The engineer will accept or reject such change within 7 days from the date of
submission of the change. Such a change will not affect the Accepted Contract Amount. The
Contractor shall submit to the Engineer a proposal for a change, no later than 7 days before the
planned assignment of any person to carry out projects, manage the construction or works. Any
interruption in the implementation of the subject of the Agreement resulting from the lack of a
designer, construction management or Works will be
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treated as a break resulting from reasons attributable to the Contractor and will not constitute grounds
for extending the Time for Completion
Management shall be exercised by a sufficient number of persons with sufficient knowledge of the
language of communications (as defined in Sub-CLAUSE 1.4 of the General Terms and Conditions and the
activities envisaged for carrying outia (including the required methods and techniques, hazards that
may be encountered and methods of accident prevention) in order to carry out the Works satisfactorily
and safely .
Sub-CLAUSE 6.9 CONTRACTOR'S PERSONNEL
The Contractor's personnel shall be suitably qualified, proficient and experienced in their professions or
occupations. The Engineer or Contracting Authority may require the Contractor to remove any person
employed on the Site or on the Works, including the Contractor's Representative, if applicable,
who:
a) persistently inappropriately behaves or shows a lack of care,
b) performs his duties incompetently or negligently,
c) does not comply with any provisions of the Contract,
d) persistently acts detrimental to safety, health or whose action (or omission) poses a threat to the
safety of railway traffic or the environment , including the risk of imminent threat of damage to
the environment.
The Contractor shall also remove (or cause to remove) the person(s) employed in the performance of
the Agreement, whose removal is requested by the Engineer or the Contracting Authority. Replacement
for Personnel at the request of the Engineer or the Contracting Authority requires a written justification.
Such a change will not require an annex to the Agreement.
The Contractor's Staff will include persons having: the rights required by the provisions of the Construction
Law, as well as the rights required by the provisions of the Act of 17 May 1989 Geodetic and
Cartographic Law (i.e. Journal of Laws of 2016, item 1629, as amended) necessary to take up duties in
accordance with the Contract. If the Contractor justifies the need to replace the person from the Staff – the
new person must have appropriate qualifications (authorizations). If such a circumstance occurs, the
Contractor will appoint an appropriate person to replace (or cause him to be appointed).
In the event of a change in the Contractor's Staff indicated in the Tender, the Contractor shall be
obliged to employ a new member of the Contractor's Staff who, at the latest on the day of submitting the
bid, had experience allowing to obtain the same or higher numberof points in the Experience of the
Contractor's Staff criterion. The change of a member of the Contractor's Staff shall take place no later
than within 28 days from the occurrence of the circumstances justifying this change. The break in the
performance of duties by a member of the Contractor's Staff indicated in the Offer, which will occur in
the event of multiple changes of the Contractor's Staff referred to above, may not exceed 28 days in total.
The contracting authority shall have the right to verify whether the substitute (new or replacement) has
appropriate experience and qualifications, as specified in the Terms of Reference or the contract
notice. In order to enable the Ordering Party to verify, the Contractor shall inform the Contracting entity
about each change in the composition of Person el and on
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the request of the Ordering Party shall provide the information and documents necessary to verify the
experience and qualifications of this Personnel.
SUB-CLAUSE 6.10 LISTS OF CONTRACTOR PERSONNEL AND EQUIPMENT
The Contractor shall submit to the Engineer detailed information on the number in each category of
Contractor's Personnel and each type of Contractor's Equipment of each type on the Construction Site.
Detailed information shall be provided each calendar month, in a form approved by the Engineer, until
the Contractor has completed all work including the outstanding work known to be outstanding on the
date of completion given in the Taking Over Certificate.
The Contractor's personnel must meet the requirements and conditions (including those specified in
the internal regulations in force at the Contracting Entity) enabling work on active railway tracks .
The Contractor shall be obliged to provide an appropriate number of personnel with the qualifications
required by law and Regulations of the Contracting Authority enabling the execution of Works with
track machines in stations and meadows, including tracks Operated.
The engineer may request the removal from the Construction Site of equipment that does not have the required
certificates of admission to service and certificates of technical fitness and persons operating this
equipment without the required authorizations.
The contractor and its staff shall comply with and be bound by all national laws. The Contractor shall
compensate the Contracting entity for all claims and costs of proceedings resulting from any
violation of the law by the Contractor and its personnel .
SUBCLAUSE 6.12 FOREIGN PERSONNEL AND WORKERS
In the case of employment of foreign personnel, the Contractor shall be responsible for ensuring
employment in accordance with applicable Polish law, taking into account the provisions on resident
visas, work permits and required authorisations for engineering personnel and Management.
The Contractor, in the case of employing foreign personnel and workers, shall ensure efficient
communication in the Polish language of the Parties to the Agreement through translators.
The Contractor shall be responsible for the resettlement of all foreign personnel employed at the Works
to the place of recruitment. The Contractor shall be responsible for the proper care of such persons until
they leave the Polish. In the event of negligence of the Contractor, the Contracting Authority may
resettle and maintain such persons and recover the costs incurred in this respect from the Contractor.
In the event of the death in Poland of any of the Contractor's foreign personnel, the Contractor shall
be responsible for the appropriate handling of matters related to his return or funeral.
All costs relating to the application of this Sub-CLAUSE shall be borne by the Contractor.
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CLAUSE 7 EQUIPMENT, MATERIALS AND WORKMANSHIP
SUB-CLAUSE 7.1 METHOD OF IMPLEMENTATION

The Contractor shall carry out the manufacture of the Equipment, the acquisition and manufacture of the
Materials and all other implementation of the Works:
a) in the manner (if any) specified in the Contract,
b) in an appropriate, professional and diligent manner, in accordance with recognised good practice,
c) using properly equipped devices approved for operation and Materials authorized for marketing in
the Republic of Poland orb of the European Union, not causing a threat, except in cases where
it is otherwise specified in the Contract.
All used Materials, construction products and Equipment must meet the Ordering Party's
Requirements, be approved for use in construction in accordance with the Construction Law and
Regulations of the Ordering Party and must be approved by Engineer before the date of placing the
order as well as before the date of incorporation or installation.
No valid operation of any kind, especially the cutting orclosure of existing railways, roads, waterworks
or other public utilities, may be carried out without the written permission of the Engineer. The
Contractor should submit a written application in writing at least 7 days before the commencement of
such Works in order to enable him to prepare appropriate supervision and take appropriate safety
measures.
The Contractor, on its own responsibility and at its own expense, shall take all preventive measures
required by sound construction practice and current circumstances to safeguard the rights of the owners
of the property and buildings adjacent to the Construction Site and avoid causing any disturbance
there , or Damage.
The Contractor shall indemnify the Contracting entity against and assume financial liability for all
financial consequences of any claims brought by the owners of properties or buildingsadjacent to the
Construction Site to the extent that the Contractor is responsible for such disturbances or damage.
The contractor will ensure the protection of installations and devices on the ground surface and
underground installations and will be responsible for all damage to road surfaces, drainage ditches,
pipelines, electrical cables , networks or utilities, of all kinds, buildings and structures - caused by
him or the Subcontractor(s) in the course of carrying out the work. The Contractor should take into
account and act in accordance with the detailed provisions contained in the Functional and Utility
Program, if they have been provided for in the provisions of the Functional and Utility Program. The
Contractor shall without delay, at his own expense, repair all damageand, if necessary, carry out further
repair work ordered by the Engineer.
If it is necessary to close a plain track or a public road, the Contractor will follow the guidelines set
out in the Contract.
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If it is not possible to conduct road traffic on alternative detour routes, the Contractor, in consultation
with the Engineer and the Contracting Authority , shall design, agree and construct a temporary rail-road
crossing, taking into account the applicable Regulations of the Contracting Entity.
All costs due to the temporary organization of road traffic (design documentation, execution and
maintenance) are the responsibility of the Contractor.
Together with the application for permission to commence Works, the Contractor shall provide the
Engineer with a list of all the Equipment that he or his Subcontractors intend to use.
At the request of the Contracting Entity, the Contractor shall present appropriate arrangements,
decisions, markings or other documents confirming the entry into service or the possibility of placing
on the market the Devices or Materials in accordance with the regulations.
Sub-CLAUSE 7.4 TESTING
This SubCLAUSE shall apply to all tests specified in the Contract, other than Operational Trials (if
any).
The Contractor shall provide all apparatus, assistance, documents and other information, electricity,
equipment, fuel, consumables, instruments, manpower , materials and suitably qualified and
experienced managerial staff as are necessary for the efficient operation of the carry out specified
tests. The Contractor shall agree with the Engineer the time and place of the specified tests of each of
the Devices, Materials and other parts of the Works.
During the execution of the works, the Contractor shall provide laboratory services for the research
laboratory accredited in this scope. The Contractor, not later than 14 days aftercommencing work, shall
notify the Contracting Authority of all laboratories and persons performing tests on its orders in order to
obtain the approval of the Contracting Entity. In the laboratory application, the contractor shall
provide information concerning the laboratory, including in particular: technical facilities, measuring
equipment, quality assurance plan, scope and procedures related to conducting research, circulation of
documents in the laboratory.
O f e r mof e s t h e r a t i on s modyficow a t i on the Special Conditions, change the location or
details of the specified rehearsals or instruct the Contractor to carry out additional tests. If these modified
or additional tests show that the Equipment, Materials or workmanship subjected to tests does not
comply with the Contract, the cost of carrying out this Change shall be borne by the Contractor,
regardless of other provisions of the Contract.
The Contractor shall inform the Engineer of its intention to conduct the tests at least 48 hours in
advance.
The engineer shall give the Contractor, at least 24 hours in advance, notice
about the Engineer's intention to be present at the trials. If the Engineer is not present at the time and
place agreed, the Contractor may, unless the Engineer instructs otherwise, proceed with the tests and
these tests will then be considered to have been carried out in the presence of the Engineer.
If, following these instructions or as a result of a delay for which the Contracting Authority is
responsible, the Contractor suffers a delay and /or incurs a Cost, the Contractor shall give notice to
the Engineer and shall be entitled, subject to Sub-CLAUSE 20.1 of the General Conditions, to:
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a) extend the Completion Time, in connection with any such delay, in accordance with Sub-
CLAUSE 8.4 of the Special Terms, if completion is or is expected to be delayed, and
b) payment for any such Cost, which payment shall be includedin the Contract Price .
The Contractor shall immediately provide the Engineer with duly certified test reports. When the
specified tests are carried out with a positive result, the Engineer shall recognise the test certificate
drawn up by the Contractor or issue a certificate to that effect himself. If the Engineer was not present at
the rehearsals, he will accept the readings as faithful.
SUB-CLAUSE 7.7 OWNERSHIP OF EQUIPMENT AND MATERIALS
Equipment or Materials purchased by the Contractor in accordance with Sub-CLAUSE 14.5 of the
Special Conditions shall become the property of the Ordering Party upon delivery to the Construction
Site or to the area or warehouse agreed upon and accepted by the Engineer or as otherwise
described in the Agreement. The Contractor is obliged to deliver the Devices or Materials without any
encumbrances.
The following Sub-CLAUSES are added:
SubCLAUSE 7.9 CONTROL TRENCHES
In order to locate underground utilities and avoid their possible damage, the Contractor shall carry out
control excavations at its own expense with notification to the site manager, equipment, etc., at least
7 days in advance, after obtaining appropriate consents.
The Contractor, in the event of damage to the underground utilities, is obliged to immediately remove
the damage. SubCLAUSE 4.14 of the Special Terms applies accordingly .
SUB-CLAUSE 7.10 DEMOLITION MATERIALS AND WASTE
1. Before commencing the Works, the Contracting Authority together with the Contractor shall carry out
a review of the facilities and make a preliminary qualification of the materials to be dismantled.
Further handling of dismantling materials will be in accordance with the Laws. Dismantling
materials not useful to the Ordering Party become the property of the Contractor.
2. Regardless of how the Ordering Party intends to use the Materials and Equipment in respect of which
it reserves the right of ownership, all costs related to their disassembly, segregation, storage,
reloading and transport to the place indicated by the Ordering Party shall be borne by the
Contractor.
3. The Contractor shall ensure that the stored Materials and Equipment are baked before destruction,
retain their quality and properties and are available for inspection by the Contracting Authority until
they are needed to perform the Works. Dismantled Materials and Devices should be protected
against weather influences and mechanical damage. Damage caused during the dismantling of
existing Devices, qualified for further use,
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charge the Contractor and must be removed at his expense. The scope of repair includes the restoration of
these Devices to the state before dismantling.
4. Temporary storage places will be located within the Construction Site in places agreed with
the Ordering Party or outside the Construction Site in places organized by the Contractor.
5. Materials useful to the Ordering Party are in particular:
a) Old-Useful Materials – these are Materials that are directly eligible for reuse, in
accordance with their original purpose;
b) Old-use materials for regeneration, and in the case of old-use rails: for regeneration
or reprofiling – these are Materials eligible for reuse, in accordance with their original
purpose after regeneration;
c) other Reusable Materials ;
d) structures, objects and products of steel and non-ferrous metals which have lost their
original value in use.
6. The contractor is a waste producer and is obliged to manage the waste generated by it as a
result of providing services in the field of construction, demolition and renovation of facilities.
7. The Contractor conducts waste management in a manner that ensures the protection of human life
and health and the environment, in particular waste management may not:
a) present hazards to water, air, soil, plants or animals;
b) cause nuisance by noise or odour;
c) adversely affect rural areas or places of special interest, including cultural and natural
areas.
8. During the execution of the Works, waste should be stored selectively in a place designated for this
purpose, designated at the Construction Site, in accordance with the provisions of the Act of
14 December 2012. on waste (i.e. Dz.U. of 2018 item 992 with later dates. Deaths) –
hereinafter referred to as the " Waste Act" – and its implementing acts in this respect, taking
into account the permitted storage time for individual types of waste and methods of protection
against their release into the environment, Guided by the properties of waste, the requirements of
protection of human life and health and the reduction of nuisance associated with their storage.
9. The Contractor, being a waste producer, may commission the performance of the waste
management obligation only to entities that have:
a) a waste collection permit or a waste treatment permit, or
b) a concession for underground waste storage, an integrated permit, a decision
approving the mining waste management programme, a permit to operate a mining
waste disposal facility or an entry in the register of regulated activities in the field
of municipal waste collection from property owners;
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c) entry in the register in the scope referred to in the provisions of the Waste Act ,
unless such activity does not require obtaining a decision or entry in the register.
10. The Contractor, being a waste producer , is obliged to:
a) keeping their quantitative and qualitative records on an ongoing basis in
accordance with the applicable waste catalogue using a waste transfer card , waste
record card;
b) drawing up an annual report on waste generation and on waste management.
11. The Contractor prepares and submits information to the Engineer on a quarterly basis
about the waste generated and the method of waste management. The information should be
prepared in accordance with the Regulations of the Contracting Authority.
12. The costs of waste management are borne by the Contractor who is the waste producer.
13. Theserequirements for waste and Materials management also apply to all Subcontractors.
SUB-CLAUSE 7.11 REQUIREMENTS RELATED TO THE
ORGANIZATION OF TRAFFIC
TRAINS
The Contractor is obliged to cooperate closely with the Contracting Authority in the organization of train
traffic during the entire period of the Works in accordance with the principles described in
Programie Fu n kcjon al no-U tcowim
CLAUSE 8 COMMENCEMENT, DELAYS AND SUSPENSION
Sub-CLAUSE 8.1 COMMENCEMENT OF WORKS

The Start Date shall be deemed to be the day following the signature of the Agreement by the other Party.
After the Commencement Date, the Contractor shall proceed to the design processand then commence
the execution of the Works. Both works related to the design and implementation of the Works will be
carried out in accordance with the material and financial schedule approved by the Engineer or its
updates introduced in accordance with the Contract. In accordance with the provisions of the
Construction Law, at least 7 days before the start of the Works, the Contracting Authority shall notify
the competent authority and the designer exercising author's supervision of the intended start date
Works for which it has obtained a Building Permit, in accordance with SubCLAUSE 1.1.6.13 of the
Special Conditions. The Contracting Authority shall also be entitled to grant a power of attorney to the
Contractor to notify the competent authority and the designer of the intended date of
commencement of the Works.
The following documents will be attached to this notification:
1) a list of the Contractor's personnel (named by name) who will act as Site Manager and Works
Managers, attaching:
a) statement of the Site Manager confirming the preparation of a safety and health protection
plan and acceptance of the obligation to manage the construction,
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b) statements of the Works Managers on accepting the obligation to manage the Works,
c) building licenses of the above-mentioned persons confirmed for compliance with the
original and certificates of belonging to the competent chamber of professional self-
government,
2) a list of the Engineer's personnel (mentioned by name), who will act as an investor's supervision
inspector with simultaneous indication of the coordinator in accordance with the provisions of
the Construction Law:
a) statements by the supervising inspectors on acceptance of the inspector's duty,
b) building licenses of the above-mentioned persons confirmed for compliance with the
original and certificates of belonging to the competent chamber of professional self-
government,
3) information containing data included in the announcement regarding occupational safety and health
protection, which will be placed on the construction site in accordance with the Construction
Law .
The Contractor and the Engineer are obliged to provide the Contracting Authority with the documents
listed in points 1), 2) and 3) at a sufficiently earlier date. The above also applies to any change of
Personnel.
As part of the Material and Financial Schedule prepared in accordance with the SubCLAUSE
8.3 Special Terms. The Contractor is obliged to provide the Contracting Authority with a list and
deadlines for obtaining all permits or permits required to obtain a Building Permit. Before
commencing the Works, the Contractor, as part of the update of the Material and Financial Schedule,
shall submit a list and deadlines for obtaining all permits or permits required for the duration of the
Works.
If the Contractor fails to provide the documents referred to in point 1), the information mentioned in
point 3) and the permits or permits referred to in this Sub-CLAUSE in due time, any
consequences of delays in the performance of the Contract caused thereby, will be borne by the
Contractor.
Before handing over the Construction Site, the Contractor shall provide the Engineer with insurance
policies and evidence of payment of insurance premiums to the extent required by the Contract.
Sub-CLAUSE 8.3 TIMETABLE
The current title of the SubCLAUSE: "Schedule" is replaced by the title: "Material and financial
schedule" and the text of the SubCLAUSE is replaced by the following:
1. Within 28 days from the Start Date, the Contractor shall present to the Contracting Authority and
the Engineer for approval - in MS Project or equivalent, which will enable playback, storage,
saving and changing files in *.mpp format, (subject to information on cash flow related to
performance of the Agreement, which is to be presented also in Excel format) Material and financial
schedule (hereinafter also referred to as "HRF"), for the stage of design work, consisting of the
following parts:
a) design works and other activities necessary to obtain a Building Permit (Material and
Financial Schedule of Design Works);
b) human resources (Human Work Schedule);
c) processing and payments (Processing Schedule , Payment Schedule ).
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The material and financial schedule for the design stage in the scope of point a) will include the
order in which the Contractor intends to carry out design works and other activities necessary to
obtain a Construction Lawsuit, with a clear graphic illustration of the critical path, i.e. the
deadlines for the execution of the Contractor's Documents and the sequence and deadlines of the
work, so as to achieve the completion of the scope specified in each Stage,
The material and financial schedule for the stage of design works in the scope of point b) will
contain information presenting an estimate of the number of each group of Contractor's
Personnel, broken down into specialties for each Stage in each month of implementation of
project works necessary for the implementation of design works.
The material and financial schedule for the stage of design works in the scope of point c) will
include estimated throughput and payments on a monthly basis and their possible updates, as
well as overhead costs spread proportionally over the entire duration of the Contract.
2. Within 28 days from the date of obtaining the Building Permit issued by the authority of first
instance, the Contractor shall present to the Contracting Authority and the Engineer for
approval, in MS Project or equivalent, which will enable playback, storage, saving and changing
files in *.mpp format (subject to information on cash flows related to the performance of the
Agreement, which is also to be presented in Excel format) Material and financial schedule for the
stage of Works covered by the scope of the Agreement, consisting of the following parts:
a) Material and Financial Schedule of Works - in MS Project or equivalent, which will enable
playback, storage, saving and changing files in *.mpp format containing works within the
Works and other activities necessary to obtain apermit for use;
b) schedule of people's work, equipment work schedule ;
c) delivery schedule, material schedule;
d) processing schedule, payment schedule;
e) Staging scheme;
f) Accompanying Report .
All HRF components will be prepared according to the models indicated in Annex 1 to the Special
Conditions.
The material and financial schedule for the Works stage within the scope of point a) will include:
(i) the order in which the Contractor intends to perform the tasks covered by the Contract with
a clear graphic illustration of the critical path of the Works, i.e.: deadlines for the execution of
the Contractor's Documents and the dates and sequence of execution of the Works, so as to
achieve the completion of the scope specified in each Stage, taking into account the
deadline in perform final tests for each assortment of Works specified in a given Stage and
for other Works, as well as obtain an occupancy permit before the end of the Time for
Completion, and
(ii) periods for inspections and acceptances,
(iii) the order and timing of inspections and tests specified in the Contract,
(iv) the date of commencement and completion of Works on the investment,
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(v) the date of commencement and completion of individual assortments of Works,

(vi) ensuring the supply of materials and equipment to the Construction Site, also in winter, to
the extent necessary to maintain the continuity of the Works,
(vii) planned breaks in the conduct of Works due to the requirements contained in the
Contract (e.g. due to the requirements of the decision on environmental conditions),
(viii) planned changes in traffic organization at individual stages of the investment, taking
into account in particular the Ir-19 Instructions,
(ix) time reserves resulting from the staging of Works or adopted technologies of conducting
Works,
(x) Stages set out in the Contract in accordance with the requirements of SubCLAUSE 8.13 of
the Special Conditions,
(xi) the date of preparation of the Schedule, the signature of the person drawing up, the date
of approval by the Contractor's Representative and his signature.
The schedule for the Works stage within the scope of point (b) will include:
(i) detailed information showing an estimate of the size of each group of Contractor's
Personnel and each type of Contractor's Equipment required at the Construction Site for
each main stage in each month of the Contract, necessary to carry out the Works in Time for
Completion being closely related to the Work Schedule according to point a),
(ii) the date of preparation of the Schedule, the signature of the person drawing up, the date
The timetable for point ( c) above shall include:
(i) detailed information presenting the planned quantities of Materials and Equipment to be
built in and the planned quantities of deliveries of Materials and Equipment in each
month of the Contract, necessary to carry out the Works in Time for Completion, which is
closely related to the Work Schedule according to point a) above
(ii) the date of preparation of the Schedule, the signature of the person drawing up, the date
The schedule for the Works phase within the scope of point (d) will include:
(i) estimated throughput and payments (net and gross) resulting from the Work Schedule
according to point a ), on a monthly basis and their possible updates,
(ii) overhead costs spread proportionally over the entire duration of the Contract,
(iii) the date of preparation of the Schedule, the signature of the person drawing up, the date
The schedule for the Works stage in the scope of point (e) will include: a graphicalrepresentation of
the sequence of works in each stage, conditioned by track closures, according to the attached formula.
The schedule for the Works stage within the scope of point (f) will include:
(i) description of the Investment,
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(ii) description of the assumptions regarding the implementation of the Contract and its scope,
(iii) description of the staging of the Works,
(iv) description of the methods of the Works, efficiency and composition of the work teams,
(v) description of the critical path,
(vi) when updating the Work Schedule, description of deviations and their repair methods,
(vii) a register of risks along with an indication of the impact on the implementation of the
Agreement, schedule, Time to complete, Contract Price and an indication of actions planned
to be taken to minimize risks.
The material and financial schedule will reflect allthe specific requirements contained in the
Technical Specifications for the Execution and Acceptance of Construction Works.
When developing the material and financial schedule, the Contractor shall take into account
unfavorable weather conditions that may limit the progress of Works in the autumn-winter-spring
period, the schedule of track closures granted (if applicable) and other circumstances that may affect the
timely performance of the Agreement.
Schedules involving areduction in work or temporary suspension may be accepted by the Engineer,
but such acceptance does not relieve the Contractor of its obligations to complete the Works in
accordance with the Time for Completion.
The Contractor shall also submit a revisedSchedule in kind and financial whenever the previous
Schedule becomes inconsistent with the actual progress of the Works or with the Contractor's obligations.
If the Engineer, within 21 days of receipt of the Schedule, does not give the Contractor notice
stating the extent to which the Schedule is not in accordance with the Contract, the Contractor
shall act in accordance with this Schedule, including other its obligations under the Contract. The
Customer's staff shall be entitled to rely on this Schedule when planning their business.
If the Engineer submits comments to the Material and Financial Schedule, the Contractor will be
obliged to take them into account within 7 days and will again submit the amended Material and
Financial Schedule to the Engineer for approval. If the Contractor does not take into account the
Engineer's comments within the above deadline, and the material and financial armonogram submitted by
him is inconsistent with the Agreement, the Engineer shall be entitled to suspend the Works in whole or in
part. Any consequences of such suspension shall be borne by the Contractor.
In the material and financial schedule, the Contractor shall take into account the Stages of
performance of the subject of the Agreement (respectively for the design work stage and the Works
stage), so that the Agreement is performed within the time limit specified in the Agreement. Lack of
approval of the Material and Financial Schedule by the Engineer does not release the Contractor from the
obligation to perform the Agreement on time.
The Contractor shall promptly notify the Engineer of any special probable future accidents or
circumstances that may adversely affect the work, increase the Contract Price or delay the execution of the
Works. The engineer may require the Contractor to submit an estimate of this anticipated impact of
future accidents or approximation and/or a proposal under Sub-CLAUSE 13.3 of the Special
Conditions.
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If at any time the Engineer notifies the Contractor that the Schedule (to the extent stated) does not
agree with the Contract or is not consistent with the detailed progress of work and stated as intended
by the Contractor, the Contractor shall submit to the Engineer an Updated Schedule in accordance with
this Sub-CLAUSE 8.3 of the Special Conditions.
The Engineer shall not accept the Schedule as consistent with the Contract, in which the date of
completion of the Works, including the completion of all formalities provided for in the Contract,
including in particular obtaining a decision on the use permit, exceed the Time for Completion or which
has been drawn up taking into account claims not considered or rejected by Engineer or Customer in
accordance with SubCLAUSE
20.1 General Terms .
Approval of the Schedule does not constitute an amendment to the Contract and does not release the
Contractor from responsibility for the proper and timely performance of the Contract.
Failure to comply, for reasons attributable to the Contractor, of the approved Schedule constitutes a
breach of the Contract and a prerequisite set out in the Sub-CLAUSE of clause 15.1 of the General
Conditions. You will keep a copy of the Schedule at the Construction Site in the form of a graphical
chart showing the progress of the Works.
The Schedule should be accompanied by:
a) Quality Assurance Program for Works,
b) Environmental protection action programme during the Works, specified in detail in the Terms
of Reference,
c) Occupational Health and Safety Plan ,
d) and, if applicable, BIOZ.
Each Material and Financial Schedule or its update is to bear the date of its preparation, the signature of the
person drawing up, the date of approval by the Contractor and its signature.
SUBCLAUSE 8.4 EXTENSION OF COMPLETION TIME
The Contractor shall be entitled, subject to Sub-CLAUSE 20.1 of the General Conditions, to extend
the Completion Time if and to the extent that completion for the purposes of Sub-CLAUSE 10.1 of the
Special Conditions is, or is expected to be, delayed for any of the following reasons:
a) change (unless an amendment to the Completion Time has been agreed in
accordance with Sub-CLAUSE 13.3 of the Special Conditions) or other material
change in the quality of any element of the work covered by the Contract,
b) the reason for the delay, giving the right to extend the time according to some Sub-
CLAUSE of these Terms,
c) exceptionally unfavourable weather conditions, as well as other circumstances indicated
in § 5 of the Agreement, taking into account the provisions contained therein,
d) unforeseenshortages of staff or availability of goods caused by epidemics or
government actions,
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e) any delay, impediment or impossibility caused by the Contracting entity or the

Contracting Authority's Personnel or other contractors of the Contracting entity on
the Construction Site or attributable to them.
If the Contractor is deemed entitled to extend the Completion Time, the Contractor shall give the
Engineer notice in accordance with Sub-CLAUSE 20.1 of the General Conditions. In determining any
extension of time under Sub-CLAUSE 20.1 of the General Conditions, the Engineer shall review his
previous terms and may increase the total extension of the time, but shall not reduce it.
The Parties agree that for Works exemptingfrom the Contract, the risk of adverse weather conditions
is the risk of the Contractor. The Contractor got acquainted with the characteristics of weather
conditions, its possible changes and temperature fluctuations, the occurrence of rain and snow in the
country, such a risk was accepted and calculated in the price of the Offer and included in the Time
for Completion.
SUB-CLAUSE 8.7 CONTRACTUAL DAMAGES FOR DELAY
The current title of the Sub-CLAUSE: "Contractual damages for delay" is replaced by the title:
"Contractual penalties", and the content of the SubCLAUSE is replaced by the following:
The Contractor shall pay the Contracting Authority a contractual penalty:
a) for failure to perform the Stage specified in Sub-CLAUSE 8.13 of the Special Conditions on
time – in the amount of 0.02% of the gross value of the Works covered by the Stage, determined
in accordance with Sub-CLAUSE 14.4 of the Special Conditions, for each day of delay,
unless that the Contractor was in default in the implementation of the previous Eta pu or Stages -
in such a case, the basis for determining the amount of the contractual penalty will be the sum of the
value of the Works covered by this Stage and the sum of the value of the Works of the previous
Stages in which the delay occurred. If the Contractor performs the subject of the Agreement within the
Time for Completion, then the Contracting Authority shall waive the enforcement of the accrued
contractual penalty.
The due date of the claim for payment of contractual penalties for non-performance within the
deadline of Stage No. 1 begins on the day following the expiry of half of the Original Time
for Completion. The Contractor is obliged to pay the accrued contractual penalty by the
Contracting Authority within 14 days from the day following the expiry of half of the Original Time
for Completion.
The Parties agree that in the event of any of the grounds for withdrawal from the Agreement, the
provisions of the above paragraph shall not apply, and any contractual penalties charged by the
Ordering Party shall become immediately due.
b) for failure to submit or commence Works without an approved Quality Assurance Program within
the time limit and scope referred to in SubCLAUSE 4.9 of the Special Conditions – in the
amount of PLN 5,000.00 per every day of delay;
c) for failure to submit the Work Progress Report within the deadlines and scope specified in
SubCLAUSE 4.21 of the Special Conditions – in the amount of PLN 2,000.00 for each day of
delay;
d) for joining the Works interfering with the track gauge without the Regulations of temporary
traffic during the execution of the Works – in the amount of PLN 5,000.00 for each day of
irregularities found;
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e) for failure to secure the Place of Works in accordance with the project of securing the work site
for the speed of V≥100 km/h developed in accordance with the "Guidelines for securing the site
of Works performed on a closed track while running railway vehicles on an active track at
speed V≥100 km/h Id-18" or with the Conditions technical surface maintenance on Id 1 railway
lines included in the "Regulations of temporary traffic during the execution of works" – in the
amount of PLN 10,000.00 for each day of irregularities found;
f) for failure to submit, within the time limit specified in SubCLAUSE 8.3 of the Special Conditions, the
Material and Financial Schedule or the updated Schedule in Material
– Financial or taking into account the Engineer's comments – in the amount ofPLN 5000.00 for each
day of delay;
g) for failure to meet the deadline for removing defects specified in the Takeover Certificate – in
the amount of:
PLN 3,000.00 for each day of delay, in the event of a defect causing difficulties in railway traffic;
PLN 1,000.00 for each day of delay, in case of another defect;
h) for failure to meet the deadline for removing a defect or defect preventing or limiting the
operation of the railway line during the period of reporting defects or defects, within the time
limit indicated by the Ordering Party – in the amount of PLN 1,000.00 for each commenced hour of
delay;
i) for delay in submitting the full insurance documentation signed by the Insurer (which consists
of: insurance contract, general terms and conditions of insurance, annexes and annexes to the
insurance contract) within the specified period in Sub-CLAUSE 18.1.6 of the Special
Conditions or in the submission of full insurance documentation signed by the Insurer and the
Policyholder within the period specified in Sub-CLAUSE 18.1. Paragraph. 8 Special
Conditions – in the amount of PLN 20,000.00 for each day of delay.
The penalty shall not be charged for the period of verification of the insurance documentation by
the Ordering Party and if the Ordering Party appoints once, an additional 7 working days to make
changes to the submitted insurance documentation;
j) if it is necessary to use substitute signals (Sz) resulting from the extended duration of the Works
due to the fault of the Contractor or failure to remove within 24 hours defects or defects due to the
fault of the Contractor in active devices used to conduct railway traffic– in the amount of PLN
10,000.00 for each day of using substitute signals;
k) for entrusting the performance of part of the subject of the Agreement to Subcontractors
(further Subcontractors) without the consent of the Ordering Party, or for failure to submit a
draft Subcontract ( or a project for acceptance by the Contracting Entity) its amendment) in
accordance with SubCLAUSE 4.4 of the Special Conditions – in the amount of PLN 20,000.00
for each such case;
l) for failure to present to the Ordering Party within the time limit indicated a certified copy of the
Agreement with the Subcontractor or its amendment – in the amount of PLN 10,000.00 for each day
of delay;
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m) for failure to amend the Subcontract with respect to the payment deadline – in the amount of
PLN 10,000.00 for each such case;
n) for non-payment or for late payment of remuneration due to the Subcontractor (further
Subcontractor) in accordance with SubCLAUSE 4.4 of the Special Conditions – in the amount of
PLN 25,000.00 for each such case;
o) for the lack of timely demonstration of participation in the implementation of the subject of the
Agreement of the entity referred to in SubCLAUSE 4.1 section 8 of the Special Conditions – in the
amount of PLN 1000 for each day of delay,
p) for failure to present to the Ordering Party within the prescribed period the documents referred to
in SubKLUAZULI 4.1 para. 11 Special Conditions – in the amount of PLN 200.00 for each
day of delay;
q) in the event of the Contracting Authority finding that work is performed in a manner endangering
human health or life, as well as a gross violation by the Contractor or persons working on its behalf
of the provisions on occupational health and safety, fire protection. contained in the applicable
regulations, as well as failure to comply with the provisions of the Agreement in this respect –
in the amount determined on the basis of
"Tarifier" constituting Annex 5 to Instruction Ibh-105;
r) for withdrawal from the Agreement for reasons attributable to the Contractor, including the
reasons indicated in SubCLAUSE 15.2 of the Special Conditions – in the amount of 10% of the
Accepted Contract Amount less the value of substitute communication costs indicated in the Offer
Price Breakdown;
s) for exceeding the permissible period of interruption in the performance of duties by a member of
the Contractor's Staff indicated in the Offer, specified in SubCLAUSE 6.9 of Special Conditions –
in the amount of PLN 3,000 for each commenced day of execution of Works by a member of the
Contractor's Staff with experience not less than the experience of a member of the Contractor's Staff
indicated in the Offer and subject to evaluation in the criterion Experience of the Contractor's
Personnel or for each commenced day of the execution of Works without such a member of the
Contractor's Personnel.
The Ordering Party has the right to claim each of the contractual penalties listed in points a) – s)
separately and independently from the others.
Contractual penalties for the same events are not cumulative.
The total amount of accrued penalties in this SubCLAUSE shall not exceed 20% of the Accepted Contract
Amount less the value of substitute communication costs indicated in the Offer Price Breakdown, provided
that if the contractual penalty referred to in point (r) (penalty for withdrawal from the Agreement for
reasons attributable to the Contractor), the total sum of accrued penalties will not exceed 30% of the
Accepted Contract Amount less the value of substitute communication costs indicated in the Offer
Price Breakdown.
The Contractor agrees to deduct contractual penalties, damages and costs related to improper
implementation of the timetable from the gross remuneration due to the Contractor or to use the
Security by the Contracting entity Performance up to the amount of accrued contractual penalties,
damagesand costs related to improper implementation of the timetable.
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Payment of the contractual penalty does not deprive the Ordering Party of the right to claim
compensation on general terms exceeding the amount of the reserved contractual penalty, including that
resulting from the loss of co-financing under funds from the European Union in the event that the loss
of this co-financing occurred for reasons attributable to you.
SubCLAUSE 8.13 STAGES
The following Stages are established for the Contract, which the Contractor is obliged to perform within
the following deadlines:
a) Stage 1 – 11 months from the Start Date – submission of a complete application for a Building
Permit to the competent authority. In the case of more than one application, the end of the
Stage shall be deemed to be the date of submission of the last application;
b) Stage 2 – up to * months from the Start Date – commissioning of the Toruń section
Wschodni – Chełmża (line no. 207) and the section Toruń Wschodni – Olek (line no. 246);
c) Stage 3 – 4 months after the end of Stage 2 – other Works with all necessary acceptances,
obtaining the required decisions and permits and certification.
* in accordance with the Contractor's Offer, but the declared may not be longer than 31 months.
CLAUSE 10 TAKEOVER BY THE CONTRACTING AUTHORITY
SUB-CLAUSE 10.1 TAKING OVER OF WORKS AND SECTIONS

The works will be taken over by the Ordering Party when:
a) The works will be completed in accordance with the Contract, which will be confirmed by the Odb
i oru coń co w e g o, z w e j e t ki e m t e go, co z o w o w e g o w e g o w o lo n e w p odp unk
c ie (i) Monicej, and
b) A Takeover Certificate for Works shall be issued, or shall be deemed to have been issued in accordance
with this Sub-CLAUSE.
The Contractor shall apply for the Takeover Certificate by notifying the Engineer within 14 days after the
Final Acceptance. If it is necessary to obtain an occupancy permit, the above period begins to run from
the moment of obtaining this permit. If the Works are divided into Sections, the Contractor will be able
to apply for a Takeover Certificate for each Section. Changing the kilomof the Traz of the Section, does
not affect the possibility of receiving such divided Works into Sections.
The engineer, within 28 days after receipt of the Contractor's request:
(i) issue a Certificate of Takeover to the Contractor, stating the date on which the Works or Sections
were completed in accordance with the Contract, disregarding any minor outstanding work and
defects not substantially affecting the use of the Works or Section for the intended purpose
their purpose (use until the completion of this work and the removal of these defects or when
performing these activities); or
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(ii) reject the application, stating and detailing the work required to be done by the Contractor to
enable the Takeover Certificate to be issued. The Contractor shall then complete this work before
issuing a new notification under this Sub-CLAUSE.
If the Engineer neither issues the Takeover Certificate nor rejects the Contractor's application within
this 28-day period and if the Works or Scrapping (as the case may be) are in fact in accordance with the
Contract, the Takeover Certificate shall be deemed to have been issued in the last the date of that period.
Sub-CLAUSE 10.2 TAKING OVER PART OF THE WORKS
Until the Final Acceptance of the Section, the use of this Section by the Ordering Party shall be
understood as temporary use.
If the Takeover Certificate is issued for the Section, the basis for calculating contractual compensation
(contractual penalty) for delay in completing the rest of the Works will be the value reduced by the
received part of the Works. The engineer will follow Sub-CLAUSE 3.5 of the General Terms and Conditions
to agree on or determine this value. The above provision does not affect the total amount of contractual
penalties that may be charged under Sub-CLAUSE 8.7 of the Special Terms.
During the period of temporary usufruct, the Contractor does not incur costs and is not obliged to
perform activities related to the normal wear and tear and maintenance of the Works used by the
Ordering Party.
If the Ordering Party finds, during the period of temporary use, defects or defects that do not result from
the usual wear and tear of the Works, including in particular defects or defects related to the
geometry and subsidence of the track, the Ordering Party immediately notifyme of this fact to the
Contractor and the Engineer. In such a case, the Contractor, within the appropriate time specified by
the Ordering Party, shall remove the defects or defects found.
If the Contractor fails to remove defects or defects within the appropriate time limit, the Contracting
entity shall be irrevocably entitled to substitute performance by entrusting the removal of defects or
defects to another Contractor at the expense and risk of the Contractor . In such a case, the
Contractor shall cover all costs related to substitute performance to the Contracting Authority .
The Parties agree that the notification of defects or defects during the period of temporary use shall in
no case be considered by either Partyas the beginning of the Defect Reporting Period .
Regardless of the costs incurred by the Contracting entity or the performance of activities related to
the ordinary wear and tear of the Works used by the Contracting entity during the period of temporary
usufruct, the Contractor is obliged to bring all Works covered by the Final Acceptance of the Section
to a condition consistent with the Contract by the date of the Final Acceptance of the Section; em,
i.e. m.in. ensuring that all technical parameters resulting from the Contract are achieved.
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CLAUSE 11 LIABILITY FOR DEFECTS
SUBCLAUSE 11.1 COMPLETION OF OUTSTANDING WORK AND RECTIFICATION

OF DEFECTS
The Defect Reporting Period begins on the day following the date indicated in the Final
Acceptance Report on which the Works or Sections were completed in accordance with the Contract.
To ensure that the Contractor's Works and Documents and each Segment are in the condition required
by the Contract (other than normal wear and tear), the Contractor shall, before the end of the
applicable Defect Reporting Period :
a) completes the overdue Works that may be indicated by the Engineer or the Contracting
Authority in the protocol of the Final Acceptance of the Works or the Section within the time
to be determined, and
b) perform all Works required for the repair of defects and damage that may be indicated by the
Engineer or the Ordering Party in the Final Acceptance Report of the Works or Section, or
disclosed during the Defect Reporting Period , within the time limit to be determined.
If a defect or damage occurs after the date indicated, the Contractor shall be notified by the
Contracting entity (or on its behalf) and the Contractor shall remove these defects or damage within
the time limit indicated by the Contracting entity (or on its behalf).
It is agreed that the Contractor will be responsible for the subject of the Contract, i.e. all Documents of
the Contractor and Works, including all Materials and Equipment towards the Ordering Party under
the warranty for defects and the Quality Guarantee in accordance with the template constituting Annex
9 to the Special Conditions, for the periods indicated in the Annex to the Offer.
The Contracting Authority is not obliged to examine the Works and Design Documentation upon
acceptance in order to detect defects, and taking over by the Contracting Authority shall not release
the Contractor from its liability under the provisions on the warranty in in relation to defects that
could have been detected by the Ordering Party.
In the event of a core of defects or defects within the Period of Reporting Defects in the Subject of
the Contract performed, the Ordering Party has the right to first demand from the Contractor to remove
defects or defects by repairing the defective part of the Works or Materials, and in the event of its failure
or inability to repair, the Ordering Party has the right to demand replacement defective part of the Works
or Materials, subsequently, the Ordering Party is entitled to reduce the Contractor's remuneration
according to the nature of defects or defects and the costs of their removal or reduction of value – in
relation to irremovable defects. The Contracting Authority is irrevocably entitled to substitute
performance by remedying defects or defects to another contractor at the expense and risk of the
Contractor. In such a case, the Contractor shall cover all costs related to substitute performance to
the Contracting Authority.
If the Contracting Authority exercises the right to reduce remuneration, the Contractor will be
obliged to issue a correcting invoice.
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It is agreed that any defects or defects will be removed by the Contractor within the time limit set by
the Contracting entity (or on its behalf), taking into account the real possibility of removing the defect or
defect.
The date indicated in the removal protocol signed by the representatives of the Ordering Party and
the Engineer shall be deemed to be the removal defect.
The Engineer and the Contracting Authority should accept the removal of the defect or defect within 7 days
of the written notification by the Contractor.
If the Engineer and the Contracting Authority do not accept the removal of the defect or defect
within 7 days from the written notification by the Contractor, it is considered that the defect or defect has
been removed .
SUB-CLAUSE 11.2 COST OF RECTIFICATION
All work referred to in paragraph b) of Sub-CLAUSE 11.1 of the Special Conditions shall be
performed at the risk and expense of the Contractor, if and to the extent that this work can be
attributed:
a) any project for which the Contractor is responsible,
b) Devices, Materials or workmanship inconsistent with the Contract,
c) failure by the Executorto fulfil any of its other obligations.
If and to the extent that this work can be attributed to any other cause, the Contractor will be promptly
notified by (or on behalf of ) the Ordering Party and Sub-CLAUSE 13.3 of the Special Terms shall
apply.
SUB-CLAUSE 11.3 EXTENSION OF THE PERIOD FOR REPORTING DEFECTS
The Ordering Party shall be entitled, taking into account Sub-CLAUSE 2.5 of the Special
Conditions, to extend the Defect Reporting Period for Works if and to the extent that the Works or any
more important Device (as the case may be and after acceptance) cannot be used for the intended purposes
due to any defect or damage. However, the Defect Reporting Period will not be extended by more
than two years.
If the delivery and/or assembly of the Equipment and/or Materials has been suspended under Sub-
CLAUSE 8.8 of the General Conditions or Sub-CLAUSE 16.1 of the Special Conditions, then the
Contractor's obligations under this Sub-CLAUSE shall not apply to any defect or damage occurring more
than two years after the failure to suspend the Defect Reporting Period for Equipment and/or
Materials would expire.
For the replaced Materials or Devices, the Defect Reporting Period runs again from the date of their
replacement.
SUB-CLAUSE 11.5 REMOVAL OF THE DEFECTIVE PART OF THE WORKS
If the defect or damage cannot be quickly removed at the Construction Site, the Contractor, with the
consent of the Ordering Party, may take from the Construction Site copies of the Equipment that are
defective or damaged for the purpose of repair.
Sub-CLAUSE 11.9 CERTIFICATE OF PERFORMANCE
The text of the Sub-CLAUSE is replaced by the following:
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The performance of the Contractor's obligations shall not be deemed completed until the Engineer issues to
the Contractor a Certificate of Performance stating the date of completion of the Contractor's obligations under
the Contract.
The engineer will issue a Performance Certificate within 7 days of the latest date of expiry of the O c r
es Ocl e s T h e r e s o Wi c o n at i on s t h e D ocumenty of the Contractor and complete all
Works and test them, including the removal of any defects. A copy of the Performance Certificate
will be issued to the Ordering Party.
It will be considered that only the Certificate of Performance constitutes the acceptance of the Works.
CLAUSE 12 OPERATIONAL TESTS
SUB-CLAUSE 12.1 IN-SERVICE TEST PROCEDURE

If the Contract provides for Operational Tests, this Sub-CLAUSE shall apply. In this case, the
Contractor:
a) provide all electricity, equipment, fuel, instruments, labor, materials and suitably qualified and
experienced personnel as may be necessary for the smooth conduct of the Operational Tests;
and
b) conduct the Field Tests in accordance with the instructions provided by the Contractor in
accordance with Sub-CLAUSE 5.7 of the Special Conditions and with such direction as may
be required of the Contractor during these Trials; and in the presence of such Contractor Personnel
as either Party may reasonably be able to wish.
Operational Tests shall be carried out as soon as they are reasonably practicable, after the Works have been
accepted by the Ordering Party. The Contractor shall give the Contractor 21 days' notice of the date
after which the Operational Tests will be carried out. Unless otherwise agreed, these Trials shall be
carried out within 14 days after that date, on the day or days specified by the Ordering Party.
If the Contractor is not present at the agreed time and place, the Contracting Authority may carry out
Operational Tests, which will be considered to have been carried out in the presence of the Contractor, and
the Contractor will accept the readings as faithful.
The results of the Operational Tests shall be compiled and evaluated by both Parties. Previous use of
the Works by the Ordering Party shall be duly taken into account.
During the entire period of Operational Tests, the Contractor shall cover the costs of conducting these
tests.
CLAUSE 13 AMENDMENTS AND CORRECTIONS
SUBCLAUSE 13.3 AMENDMENT PROCEDURE

If the Engineer wishes to receive a proposal before instructing any Change, the Contractor shall respond
in writing as soon as practicable, or giving reasons,
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why he cannot comply with the wish (if this is the case), or by submitting:
a) description of the proposed design and/or work to be carried out and a timetable for its
implementation,
b) the Contractor's proposal for any necessary modifications to the schedule, in accordance with
Sub-CLAUSE 8.3 of the Special Conditions and in Time for Completion, and
c) the Contractor's proposal regarding the valuation of the Change and correction of the Accepted
Contractual Amount .
The appropriate rate or price for each element of the works should be as approved in the Contract for
this element or, if there is none, determined on the basis of detailed calculations of unit prices
presented by the Contractor based on the breakdown of unit prices indicated for individual works, and
detailed calculations in accordance with Sub-CLAUSE 14.4 of the Special Conditions. If, for the purpose
of valuation of Zmiany, the appropriate rate or price is applied for each item of work that has been
approved in the Contract, the valuation of the Change so determined shall be adjusted to reflect the
increases or decreases in prices by applying the provisions accordingly Sub-CLAUSE 13.8 of
Special Conditions.If the price of such an element does not appear in the Contract, it should be
determined using the catalogues of prices of works current as at the date of valuation of the Change. Within
21 days from the date of conclusion of the Agreement, the Contractorshall propose and submit for
verification by the Engineer, and then, with a positive opinion of the Engineer, for acceptance by the
Contracting Authority catalogues of works prices , the average prices of which will be the basis for
valuation of works.
If there is no basis in the catalogues of works prices for deriving a new rate or price, it should be
calculated on the basis of a reasonable Cost of such Work, taking into account all accompanying
circumstances.
The engineer will, as soon as possible after receiving such a proposal, respond with approval, rejection
or comments. The contractor shall not delay any work pending a response. If appropriate, the Engineer
may set a provisional rate or price for the issuance of Interim Payment Certificates before the appropriate
rate or price has been agreed or fixed.
Any instruction to carry out the Change, with any requirements for recording Costs, will be given by the
Engineer to the Contractor who will confirm receipt.
Any change involving a significant change in the scope of the Works must be made by drawing up an
Annex to the Contract.
Conditions, the Contractor will be obliged to register and settle the Changes in the SIRM after prior
approval by the Engineer and the Contracting Entity. In particular, the Contractor will be obliged to
enter into the SIRM a description, justification of the Changes and the scope along with its impact on
individual items of the ZPRS.
SUB-CLAUSE 13.5 CONTINGENT AMOUNTS
The content of the Sub-CLAUSE is deleted
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Sub-CLAUSE 13.6 DAILY WORK

Sub-CLAUSE 13.6 is deleted.
Sub-CLAUSE 13.7 CORRECTIONS RESULTING FROM CHANGES IN THE LEGAL
STATUS
The Accepted Contract Amount will be adjusted to take account of any increase or decrease in Cost
resulting from a change in the Law.
The Accepted Contractual Amount may also be adjusted if it is necessary to perform any part of the
Works covered by the subject of this Agreement, and resulting from the amendment of the Law on
the basis of which it was prepared, if the application of the envisaged in the Design Documentation,
the solutions threatened non-performance or improper performance of the subject of the Contract.
If the Contractor suffers (or believes that it subsequently suffers) delay and/or incurs (or believes that it
will subsequently incur) the Cost resulting from these changes in the Rights or in such interpretations
made after the Reference Date , the Contractor shall give notice Engineer and shall be entitled, subject
to Sub-CLAUSE 20.1 of the General Conditions, to:
a) extend the Completion Time due to any such delay, in accordance with Sub-CLAUSE 8.4 of the
Special Terms, if completion is or is expected to be delayed and which prevents the performance of the
subject matter of this Agreement, in accordance with its content and in an appropriate manner, the
date of completion of the Stage or Stages and the scope of the Stage or Stages and
b) payment for any such Cost, which payment shall be included in the Accepted Contract Amount .
SUB-CLAUSE 13.8 ADJUSTMENTS DUE TO COST CHANGES
The amounts payable to the Contractor shall be adjusted to reflect price increases or decreases in
accordance with this Sub-CLAUSE. To the extent that compensation for price increases or decreases is
not covered by this or any other CLAUSES, the Accepted Contract Amount shall be deemed to take into
account price increases or decreases. The values entered into the Contract pursuant to § 5 of the
Agreement, CLAUSE 13 and Sub-CLAUSE 20.1 of these Terms of Contract and the provisions of
the Act on Public Procurement shall not be subject to valorisation – in accordance with the provisions
of this SubCLAUSE.
Valorisation will take place on the basis of the product price indices given in this SubCLAUSE
published by the President of the Central Statistical Office, hereinafter referred to as
"President of CSO" in the Domain Knowledge Base , i.e.:
a) Prices of consumer goods and services (asabout CPI)
b) Average monthly gross wages and salaries in enterprise sector - construction of civil
engineering facilities (as labour - R)
9090/IREZA2/03406/01510/19/P
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and monthly Price indices of sold production of industrial products:
c) Briquettes and similar solid fuels of coal and peat and refined petroleum products (as fuel
- P) – index 19.2
d) Cement, lime and gypsum (as cement - C) – index 23.5
e) Cast iron, steel and ferroalloys (as steel - S) – index 24.1
f) Stone, sand and clay (as aggregate - K) – index 08.1
In the event that any of the above-mentioned indicators ceases to be available, another , the most similar,
indicator published by the President of the Central Statistical Office will apply.
The amounts payable to the Contractor shall be indexed monthly, not starting from the month for
which the first Interim Payment Certificate for the construction works performed was issued until the
issue of the Interim Payment Certificate, in which the total value of adjustments to reflect the increase or
decrease in prices resulting from this SubKLUAZULA reaches the limit of +/- 5% the net value of the
Works indicated in the Contract on the date of its conclusion. Only the amounts certified in the
Interim Payment Certificates issued for Documents and Works performed in the Time for Completion
will be subject to valorisation. From the 30th day before the end of the Time for Completion, the
valorization will be made using the indicators in force 30 days before the end of the Time for
Completion. After this date, the indicators from the Valorisation Basket table will not be subject to
further changes.
The amounts payable to the Contractor shall be subject to adjustment by the price change coefficient
(WGn) calculated according to the formula:
𝐶𝑃𝐼𝑛 𝑅𝑛 𝑃𝑛 𝐶𝑛 𝑆𝑛 𝐾𝑛
𝑊 =𝑎+𝑏 +𝑐 +𝑑 +𝑒 +𝑓 +𝑔
𝐺𝑛
𝐶𝑃𝐼𝑜 𝑅𝑜 𝑃𝑜 𝐶𝑜 𝑆𝑜 𝐾𝑜
where:
 "WGn" is a correction multiplier, to be applied to the estimated contractual value of work

performed in period "n"; this period is one month, unless otherwise stated in the Contract;
– 'a' is a constant coefficient of: 0,5 not subject to correction;
– "b", "c", "d", "e", "f", are fixed coefficients specified in the Valorisation Basket table, not
subject to adjustment, subject to the situation when the Ordering Party becomes a supplier any
of the elements of works included in the Valorisation Basket table, then the weight of this
element will be adopted as "0" in the formula for
Ingn; In this case, the CPI weight will be increased by the weight value that has been assumed as
"0", so that the sum of the values of all weights from the Valorisation Basket is 0.5.
– indicator symbols with a subscript "n" are incremental indicators of the current cost of the
period (comparative prices for the period "n"), published by the President of CSO in the
Domain Database Knowledge in force in a given accounting period
– indicator symbols with a sub-index "o" are incremental reference cost indicators (reference
prices) for the Reference Date, published by the President of CSO in the Domain Knowledge
Base in force in a given settlement period
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Table Valorisation basket

(for tasks without overhead contact line work)
The value of the fixed
Indicator
CSO indicator Fixed coefficient for coefficient for a given
symbol / a given indicator indicator
index
CPI CPI b 17,0
labour - R R c 6,0
fuel- P P / 19.2 d 4,0
cement – C C / 23.5 and 1,0
became – S S / 24.1 f 9,0
aggregate - K K / 08.1 g 13,0
SUM 50,0
In the absence of current indicators (the publication of indicators in the CSO bulletins takes place with
a delay), the indexation from the current settlement period will be calculated when the President of CSO
announces the indicators for a given month covered by the Interim Payment Certificate. When applying for
an Interim Payment Certificate, the Contractor shall calculate in the final values the indexed amounts
certified in each Interim Payment Certificate, realized each month, using the last of the published
monthly CSO indicators. The values determined in this way will be adjusted using the CSO indicators
for the month for which the Payment Certificate was issued, immediately after their publication.
In contracts concluded between the Contractor and the Subcontractor or Subcontractor and a further
Subcontractor, the subject of which is the performance of construction works, the Contractor or
Subcontractor is obliged to include provisions providing that if the subcontract or cooperation
between the parties exceed or exceed 6 months (e.g. as a result of concluding an annex or another
agreement with a Subcontractor or a further Subcontractor), the amounts payable to the
Subcontractor or further Subcontractor will be adjusted to give back the increases, or price drops in
accordance with this Sub-CLAUSE.
The indexation of amounts payable to the Subcontractor or further Subcontractor shall be based on
the index for: Prices of consumer goods and services (as CPI) and at least one other indicator
(adequate to the scope of the Subcontractor's or further works Subcontractors) selected from the
table "Valorisation Basket" published by the President of CSO . The CPI will be set at the level of
15% to 30%, and the remaining ones will be set at the level of 15% to 30%, and the remaining ones
will be on s p o z i o mie od 1% d o 20% Suma w s zystkich indicators should be 50%. The
amounts payable to the Subcontractor or further Subcontractor will be subject to adjustment by the
price change coefficient (inPn) calculated
according to the formula:
𝐶𝑃𝐼𝑛
𝑊𝑃𝑛 = 𝑎 + 𝑏 +𝑋+𝑌+⋯+𝑍
𝐶𝑃𝐼𝑜
where:
X, Y, ... , Z depend
R
on selected
Pn
elements
C
from the Valorisation
S Kn
Basket,
consisting of: c n or d or e n or f n or g .
𝑅𝑜 𝑃𝑜 𝐶𝑜 𝑆𝑜 𝐾𝑜
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 "WPn" is the correction multiplication factor to be applied to the estimated contractual value of
work performed in the period "n"; this period is one month, unless otherwise stated in the
Contract;
– 'a' is a constant coefficient of: 0,5 not subject to correction;
– "b", "c", "d", "e", "f", "g " are fixed coefficients specified in the Valorisation Basket table, not
subject to adjustment, except when the Ordering Party becomes supplier of any of the
elements of works included in the Valorisation Basket table, then the weight of this element
will be adopted as "0" in the formula for
InMon; In this case, the CPI weight will be increased by the weight value that has been assumed
as "0", so that the sum of the values of all weights from the Valorisation Basket is 0.5
– indicator symbols with a subscript "n" are incremental indicators of the current cost of the
period (comparative prices for the period "n"), published by the President of CSO in the
Domain Database Knowledge in force in a given accounting period
– indicator symbols with a subscript " o" are incremental reference cost indicators (reference
prices) as at the date of conclusion of the subcontract published by the President of CSO in
the Domain Database Knowledge in force in a given settlement period.
The amounts payable to the Subcontractor or further Subcontractor shall be indexed monthly starting
from the 7th month from the commencement of the works covered by the subcontract until the total
value of adjustments for the increase or the price drop resulting from this Sub-CLAUSE reaches the
limit of +/- 5% of the value of the concluded subcontract.
CLAUSE 14 CONTRACT PRICE AND PAYMENT
Sub-CLAUSE 14.1 CONTRACT PRICE

Unless otherwise stated in the Contract, then:
a) The Contract Price will be a flat Accepted Contract Amount and will be subject to adjustments in
accordance with the Contract;
b) The Contractor shall pay all taxes, dues and fees required for payment by it under the Contract ,
and the Contract Price shall not be adjusted for any of these costs;
c) any quantities which may be included in any Schedule are estimates and are not to be taken as
actual and correct quantities of Works which the Contractor is required to perform; and
d) any data relating to quantities or prices included in any Schedule shall be used for the purposes
given in that List.
The accepted Contract Vote covers all costs related to the implementation of the Contract, including
costs related to design, necessary arrangements for the performance of the subject of the Agreement,
including costs related to the preparation of appropriate documents for construction supervision and
other administrative bodies, required by separate regulations, the need for geodetic studies and the
execution of works and their security, all costs (including fees) related to obtaining the required
permits, permits or decisions of the competent public administration body
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(also costs related to obtaining the consent of the landowner, if necessary), costs resulting from connection
agreements, as well as administrative penalties in connection with failure to obtain the required permit,
permit or decision of the competent administrative authority and any other costs related thereto,
SUB-CLAUSE 14.2 ADVANCE PAYMENT

The content of the Sub-CLAUSE is deleted
SUB-CLAUSE 14.3 APPLYING FOR AN INTERIM CERTIFICATE

PAYMENT
The Contracting Authority is entitled to indicate SIRM as an obligatory tool for settling and
monitoring the settlement of the Agreement, on the terms described below.
1. Notification of the Works Contractor by the Contracting Authority about the indication of
SIRM as a tool for settling and monitoring the settlement of the Agreement will take place 21
days in advance. Under this change, the Contractor shall not be entitled to any extension of the
Time for Completion and any increase in the Accepted Contract Amount.
2. SIRM will be made available free of charge to the designated Personnel of the Works Contractor.
The Contractor is obliged to indicate the Contractor's Personnel within the deadline
5 days from the date of issuance of the notification of activation of the SIRM.
The Contractor shall immediately notify the Contracting Authority about the change of the
indicated Personnel of the Works Contractor, and the Contracting Authority shall
immediately make the SIRM available to the newly designated Personnel.
3. Access from SIRM will take place via publicly available web browsers and does not require
specialized software. Using SIRM does not require it to be installed on the user's computer. The
use of SIRM is also possible on most mobile devices (tablets, smartphones).
4. The Contracting Authority shall provide free training of the indications of theContractor's Personnel,
including the use of SIRM. The Contracting Authority shall train the indicated Personnel of the
Works Contractor within 14 days from the date of designation of the Contractor's
Personnel .
5. SIRM users will have free access to the website containing the SIRM user manual. The Ordering
Party shall provide an e-mail address appropriate for sending any technical notifications and inquiries
regarding the use of SIRM.
6. SIRM will be used, among others, to document the implementation of the Agreement in the
scope of confirming the implementation and settlement of Works.
7. In order to apply for Interim Payment Certificates:
a) The Contractor of the Works shall enter on an ongoing basis (at least once a week) current data
on the material progress and Subcontractors of each part of the Works together with the required
attachments (sketches, plans, calculations, statements, consents, etc.), creating measurement
cards for the execution of the Works ,
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b) The engineer will approve the measurement cards of the Works entered into the SIRM by the
Contractor on an ongoing basis
8. SIRM will also be used in the procedure of registering and settling Changes and to monitor material
and financial progress. The rules for using the SIRM will also be specified in the agreement with
the Engineer.
At the end of each month, the Contractor shall submit to the Engineer, in triplicate and in a form
approved by the Engineer, a Statement showing in detail the amounts for which the Contractor shall
be deemed to have received as the entitled person, together with supporting documents including the
relevant Raport on Work Progress, in accordance with Sub-CLAUSE 4.21 of the Special Conditions.
The Contractor may apply for an Interim Payment Certificate twice a month, however, the minimum
amount of the Interim Payment Certificate must comply with Sub-CLAUSE 14.6 of the Special
Conditions.
This settlement shall include the following items, as applicable or not, which will be expressed in the
currency in which the Contract Price is payable in the following order:
a) the estimated contractual value of the Works completed and the Contractor's Documents drawn up
by the end of the month in question (including Amendments, but excluding the items listed in (b)
to (e) below);
b) any amounts to be added and deducted to take account of changes in legal status and changes
in cost, in accordance with Sub-CLAUSES 13.7 and 13.8 of the Special Conditions;
c) the amount to be deducted towards the Amount Retained pursuant to SubCLAUSE 4.2 of
the Special Conditions - the amount to be deducted until the limit of the Retention Amount
specified in the Annex to the Offer is reached;
d) any amounts to be added as advance payments and deducted as refunds in accordance with Sub-
CLAUSE 14.2 of the Special Conditions;
e) any amounts to be added to and deducted for Equipment and Materials in accordance with Sub-
CLAUSE 14.4 and Sub-CLAUSE 14.5 of the Special Terms;
f) any other additions or deductions which may become due under the Contract or otherwise,
including those under CLAUSE 20 of the General Terms as modified by the provisions of the
Special Conditions; and
g) deduction of amounts certified in all previous Interim Payment Certificates.
Each interim settlement shall include a statement by the Contractor and the Subcontractors (together
with the invoice/bill or other accounting document and proof thereof ) that all due invoices of
Subcontractors whose due date has expired applications by the Contractor for the Interim Payment
Certificate, have been paid.
If the Contracting Authority issues a notice of use of the SIRM, the Contractor shall submit to the
Engineer, in six copies, a Statement showing in detail the amounts, in the form generated from the SIRM.
In addition to the automatic processingof settlement documents, SIRM will enable the Ordering
Party to use the data entered by the Contractor
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and approved by the Engineer to generate reports on the material and financial progress of the Works.
The use of SIRM does not require the creation and recording (archiving) of any additional documents.
Within 14 days from the date of issuing the final invoice, the Contractor shall provide theContracting
Authority with statements of the Contractor, Subcontractor and further Subcontractors referred to in
Article 143c(1) of the Public Procurement Act that all due invoices for the performance of the
Contract have been paid.
The Engineer may also make a calculation of the amounts due to the Subcontractor to be deducted from the
Contractor's Remuneration in each Interim Payment Period if the Subcontractor requests the Contracting
Authority with a copy for the Engineer to make a direct payment and the Contractor fails to provide
sufficient evidence that:
a) the refusal to pay is sufficiently justified under the provisions of the Contractor's contract with
the Subcontractor, and
b) that the Subcontractor has been notified of this justification in a timely and manner.
In the case of Works involving Equipment for which the provisions of the Regulation of the Minister of
Infrastructure and Development of 13 May 2014 on the admission to operation of certain types of
structures, equipment and railway vehicles (Journal of Laws of 2014, item 720) require certificates
of admission to operation , copies of such certificates issued by the President of UTK for an indefinite
period and declarations of conformity with type within the meaning of the provisions of the Act on
rail transport (i.e. Dz.U. of 2017 item 2117 with later dates. Deaths) will be presented in
accordance with point. 6 Sub-clause 4.1 Special Terms.
The Contractor is obliged to submit the ZPRS based on its own calculations, broken down the prices of
individual settlement elements, on the basis of the Construction Project prepared by the Contractor
in accordance with the Requirements of the Contracting Authority.
An engineer will not refuse or revoke approval without good reason. In particular, the Engineer has the
right to refuse to approve or revoke a previously issued approval of the ZPRS ifhe is prepared in a way
that overstates payments for any elements of the works in relation to the market prices of this element
of the Works, with taking into account the amounts indicated in the Schedule of Payments.
If the Contracting Authority issues a notification of the use of the SIRM system, the ZPRS shall meet
the following conditions:
a) the level of aggregation of detailed items must allow effective monitoring of the material and
financial progress of the Works and settlement of fixed assets,
b) Whenever possible and justified by the need to monitor material progress , the component
items to be specified must have:
(i) an adequate unit of measurement other than sets, lump sum, pcs. etc.
(ii) an estimate of the expected number of works,
c) the quantities of Works indicated in the ZPRS serve only to monitor material progress, they will
not affect the lump-sum nature of the remuneration,
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d) subject to point. (c) The quantities of Works performed in a given settlement period will
constitute the basis for determining interim payments,
e) the number of Works performed in a given settlement period will be confirmed each time by
the Engineer with acceptance protocols handled by SIRM,
f) component items may not relate to Temporary Works unless justified by special
circumstances and accepted by the Engineer.
Sub-CLAUSE 14.4 LIST OF PAYMENTS
Within 28 days after the Start Date, the Contractor shall submit to the Engineer the expected Payment
Schedule related to the Material and Financial Schedule and the Quotation Price Breakdown (RCO)
completed.
The Contractor shall submit for approval to the Contracting Authority and the Engineerwithin 28 days
after the Start Date the Principal Bill of Quantities of Permanent Works in the design part, in accordance
with Clause 5 of the TOU.
The Contractor shall submit for approval to the Contracting Authority and the Engineer, within 14
days from the date of receipt of the Construction Project or documentation necessary to notify the
Construction Works, the Basic Bill of Quantities of Permanent Works in the part concerning the Works,
excluding Design.
The Contractor shall submit for approval to the Contracting Authority and the Engineer, within 28
days from the date of receipt of the Construction Project or documentation necessary to notify the
Construction Works, regarding the Works of which applies to a given Construction Project or
notification:
1) breakdown of unit prices indicated for individual works and detailed calculations of individual
unit prices from the ZPRS (also derived from the breakdown of aggregated or flat-rate prices).
Such breakdown should include:
a) labour input, i.e. Iquantity r-g,
b) inputs (e.g. m3, m2, mb., kg, pcs. etc.) individual materials,
c) Equipment and transport workload, i.e. the number of m-g of individual equipment
and transport units.
The breakdown of unit prices shall also show :
(i) the man-hour rate R (in Polish currency), and
(ii) rate per hour of equipment S (in Polish currency), and
(iii) the price of materials, including transport costs, and
(iv) the amount of indirect costs Kp calculated from R and S, and
(v) the amount of profit Z calculated from R + S + Kp.
2) detailed enumeration of the Works specified in the ZPRS and their value, assigned to individual
Stages indicated in Subclause 8.13 of the Special Conditions .
Each ZPRS is to comply with the Payment Schedule and the Breakdown of the Offer Price.
SUB-CLAUSE 14.5 EQUIPMENT AND MATERIALS INTENDED FOR WORKS
Interim Payment Certificates shall contain, in accordance with sub-paragraph (d) of Sub-CLAUSE 14.3
of the Special Conditions, the amounts for Equipment and Materials to be incorporated into
Permanent Works,
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which have been purchased by the Contractor and delivered to the Construction Site or land or warehouse
agreed and accepted by the Engineer.
The engineer will determine and certify the relevant amounts if the following conditions are met:
a) Executor:
(i) maintain satisfactory records (including orders, receipts, invoices, Costs and use of
Equipment and Materials) available for inspection and have obtained prior approval from
the Engineer for the purchase of Equipment ; and Materials, and
(ii) submitted a settlement of the Cost of obtaining and delivering Equipment and Materials to
the Construction Site or an area or warehouse agreed and accepted by the Engineer,
confirmed by supporting evidence, and
(iii) submitted a document confirming the transfer of Equipment and Materials free from any
encumbrances to the Ordering Party together with the agreed conditions of the Contractor's
supervision over them until their incorporation and presented evidence confirming that it is
the owner of the Materials and Devices in question;
and
b) Equipment and Materials:
(i) are payable upon delivery to the Construction Site or to a site or warehouse agreed and
accepted by the Engineer, and
(ii) are necessary for the proper performance of the Works by the Contractor and are
specified in the PFU or result from the Construction Project accepted by the Contracting
Authority, and
(iii) have been delivered to the Construction Site or to a site or warehouse agreed and
approved by the Engineer and are properly stored therein, are protected against loss ,
damage or deterioration of quality, and are in accordance with the Contract.
The Contractor, at the request of the Contracting Entity, shall present appropriate arrangements,
decisions, markings or other documents confirming the entry into service or the possibility of placing
on the market the Devices or Materials in accordance with the regulations.
Materials and Equipment become the property of the Ordering Party in accordance with the provisions of
SubCLAUSE 7.7 of the Special Conditions, whereby the Contractor shall be liable for loss,
destruction or damage (as well as any other similar events e) the Materials or Equipment in question until
the Works are taken over in accordance with the Contract. The Contractor is also obliged to take all
precautions indicated by the Ordering Party regarding the Devices and Materials in question, as well as
all precautions resulting from the relevant provisions of the insurance contracts those Materials and
Equipment referred to, in particular, in Sub-CLAUSE 18.2 of the Special Conditions.
The amount to be certified shall be equal to 80% of the amount resulting from the Engineer's estimated
purchase and transport price of the Equipment and Materials (excluding VAT), taking into account
the documents referred to in this Sub-CLAUSE and, where indicated, the contractual value of such
Equipment and Materials. The aggregate amount certified in accordance with this SubCLAUSE shall not
exceed 25% of the Accepted Amount at any time during the performance of the Agreement
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Contract. This limit may be reused after the Equipment and Materials have been incorporated into
the Permanent Works and the deduction of consentsnot in SubCLAUSE 14.3 of the Special
Conditions.
Payment for Materials and Equipment under this Sub-clause shall be made in accordance with Sub-
CLAUSE 14.3 of the Special Terms. The currencies used to certify the amounts shall be the same as
those in which payment becomes due when the contract value is incorporated under Sub-CLAUSE 14.3 of
the Special Conditions. The Payment Certificate shall then include an appropriate deduction which
shall be equivalent to the amount for the Equipment concerned and Materials and will be expressed
in PLN.
SUBCLAUSE 14.6 ISSUE OF TRANSITIONAL CERTIFICATES
PAYMENT
No amount shall be certified or paid until the Purchaser has received and approved the Performance
Security. Within 14 days of receipt of each Statement and supporting documents, the Engineer shall
issue to the Customer an Interim Payment Certificate, stating the amount that the Engineer fairly
determines as due, with explanatory details Information.
The minimum amount of the Interim Payment Certificate shall be 1 % of the Accepted Contractual
Amount .
The minimum amount of the Interim Payment Certificate does not apply to Interim Payment Certificates,
covering only the costs of substitute communication.
However, prior to the issue of the Take-over Certificate for the Works, the Engineer shall not be required to
issue an Interim Payment Certificate for an amount which would (after taking into account retention
and other deductions) be less than the minimum amount indicated in the Interim Payment Certificate
indicated in the Tender Annex. In this case, the Engineer shall give the Contractor notice
accordingly .
The Interim Payment Certificate shall not be withheld for any other reason, however:
a) if any item delivered or work done by the Contractor is not in accordance with the Contract, the
amount equivalent to the cost of repair or replacement may be withheld until the repair or
replacement is completed; and/or
b) if the Contractor has not performed or does not perform any work or obligation in accordance
with the Contract and has been notified thereof by the Engineer, then the value of such work or
obligation may be withheld until that work or obligation is performed.
c) if the required statements of Subcontractors and the Contractor have not been submitted, the
Engineer has the right to suspend the certification of the value of Works performed by
Subcontractors, which is missing, and if it is not possible to precisely determine the value of
Works performed by the given Subcontractors, withhold the issuance of the Interim Payment
Certificate in the part corresponding to the value of those Works for which the Contractor has
not submitted the required statements, until they are completed.
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The engineer shall be able to make any correction or modification to any Interim Payment
Certificate which should reasonably have been made to any prior Interim Payment Certificate. The
Interim Payment Certificate shall not be considered as an expression of the Engineer's acceptance,
approval, consent or satisfaction.
Payments will be made as follows :
a) where an item in the Bid Price Breakdown is valued as a "global amount", payment shall be
made upon completion of that item, unless the Purchaser approves for special items a Payment
corresponding to the percentage of completion of the Works ("Breakdown of the Offer Price
Breakdown "), subject to certification by the Engineer;
b) where the item in the Offer Price Breakdown is valued "per unit", payment will be made after the
execution of each unit or several units depending on the Contractor's occurrence, and in the
case of an aggregated position, Subklauzula 14.1 (d) of the Special Conditions will apply.
The Interim Payment Certificate together with the acceptance protocols are the basis for issuing an invoice
by the Contractor. It is the Engineer's duty to agree on the invoice issued by the Contractor and
submit it to the Ordering Party within 3 business days.
Conditions, the Engineer shall issue Interim Payment Certificates by automatically generating them
using the SIRM. The Interim Payment Certificate will be accompanied by a summary acceptance
protocol of construction works for the settlement period in accordance with the Interim Payment
Certificate.
Interim Payment Certificate means a certificate of payment issued in accordance with CLAUSE 14 of
the General Conditions as modified by the provisions of the Special Conditions.
If the consortium participant referred to in § 4 of the contract is not authorized to issue VAT
invoices to the Ordering Party documenting all Works performed by all participants of the consortium,
the Engineer shall indicate in the Interim Certificate Payments: the scope of Works performed by
individual participants of the consortium and the amount of remuneration attributable to each participant
of the consortium – (the record will be deleted if the Contractor is one entity).
SUB-CLAUSE 14.7 PAYMENT
The Sub-CLAUSE shall be deleted and replaced with the following text: The
Contracting Authority shall pay the Contractor:
a) the amount certified in the Interim Payment Certificate – within 30 days from the date of receipt by
the Ordering Party of the correctly issued:
 Invoice
 the transitional payment certificate,
 acceptance protocols ,
b) the amount certified in a properly issued Final Payment Certificate – within 30 days from the date
of receipt by the Ordering Party:
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 Invoice
 the final payment certificate ,
 acceptance protocols
In the event of errors for which the Contractor is responsible, in the invoice or Interim Payment Certificate,
Final Payment Certificate or acceptance protocols and suspension of the payment deadline by the
Ordering Party, the payment deadline shall be renewed on the day of receipt by the Ordering Party of
correctly issued documents.
Payments will be made in Polish zlotys:
a) In the case of a Contractor who is a VAT taxpayer - on the basis of an invoice issued in zlotys
b) In the case of a Contractor who is not a VAT taxpayer – on the basis of a commercial invoice / bill
issued in Polish zlotys.
VAT will be settled in PLN from the Ordering Party's own resources.
The date of payment shall be the date of debiting the amount of the Ordering Party's account with the
payment amount.
The Contractor is obliged to issue an invoice together with 3 sets of attachments to the invoice on the
template agreed by the Contracting Authority in Polish.
On each invoice, the Contractor will also include the following information: Number and date of
conclusion of the contract, SAP order number, number and name of the investment project, number,
name and date of the co-financing agreement (data will be provided to the contractor after signing the
Agreement).
Invoicesand together with a set of attachments should be delivered to the address of the Ordering
Party with a note on the envelope "INVOICE".
The Contractor declares that it is/is not* an active VAT taxpayer , entitled to issue invoices.
* Niew l ati on s
The Contractor shall issue a final invoice within 30 days from the date of performance of all the
Contractor's obligations provided for in the Agreement, i.e. issuance and approval of the Final Payment
Certificate, performance of all activities and fulfillment and release of all other obligations required
by the provisions of the Agreement, and release of the Contracting entity by the Contractor from
obligations incurred by the Contractor on behalf of the Contracting entity, if applicable.
Sub-CLAUSE 14.8 LATE PAYMENT
Interest for late payment will be calculated according to the applicable statutory interest for delay,
published by the competent minister in the Official Journal of the Republic of Poland "Monitor
Polish".
Statutory interest for delay shall be applied until the timeelapses between the date of the final payment date
(exclusively) and the date on which the Purchaser's account is debited (inclusive).
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Payment of interest will be made in Polish zlotys on the basis of an interest note issued by the
Contractor.
If a correcting invoice is issued, statutory interest for delay shall be applied until the time elapses
between the final date of payment of the correcting invoice (exclusively) and the date of debiting the
Ordering Party's account.
SUB-CLAUSE 14.9 PAYMENT OF THE RETENTION AMOUNT
The current title of the Sub-CLAUSE "Payment of the Retained Amount" is replaced by
"Reimbursement of the Retained Amount" and the SubCLAUSE replaces the following content:
The entire Retained Amount, which constitutes 70% of the total amount of the performance bond ,
shall be certified by the Engineer for return to the Contractor when the last and final acceptance is
made and paid as part of the return of the performance bond referred to in question to the Contractor
in SubKLUAZULI 4.2 of the Special Terms.
The amount left to secure claims under the warranty for defects amounting to 30% of the security
amount will be returned no later than 15 days after the expiry of the warranty period for defects
specified in the Agreement, confirmed by the issuance of the Performance Certificate.
SUBCLAUSE 14.10 FINAL SETTLEMENT

Within 30 days after receipt of the last Takeover Certificate, the Contractor shall submit to the
Engineer six copies of the Final Statement together with the underlying documents, in accordance with
Sub-CLAUSE 14.3 of the Special Conditions, providing:
a) the valueof the total work performed in accordance with the Contract up to the date specified in the
Take-over Certificate for the Works;
b) any further sums which the Contractor considers to be due to him, and
c) an estimate of any other amounts that the Contractor believes will become due to him under the
Contract. The estimated amounts will be shown separately in this Final Statement .
The engineer will then certify in accordance with Sub-CLAUSE 14.6 of the Special Conditions.
If the Contractor does not submit the Final Settlement within this period, the Engineer shall prepare this
document only within the scope of point a) and this document shall become binding for the Parties to
the Agreement.
SUBCLAUSE 14.11 APPLICATION FOR FINAL PAYMENT CERTIFICATE
Within 20 days after receipt of the Performance Certificate, the Contractor shall submit to the Engineer
six copies of the preliminary version of the final settlement together with the documents constituting
its basis, showing in detail, in the form approved by the Engineer:
a) the value of all work performed in accordance with the Contract,
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b) any further sums which the Contractor considers to be due under the Contract or otherwise.
If the Engineerdisagrees, or is unable to check any part of the provisional final statement, the
Contractor shall submit such further information as the Engineer may reasonably require and make such
changes to this provisional version as may be agreed between them. The Contractor shall then draw up
and submit to the Engineer a final statement as agreed. This agreed settlement is referred to in these
Terms as the "Final Settlement".
However, if, after discussions between the Engineer and the Contractor and any changes to the
preliminary final statement that may be agreed between them, it becomes evident that there is a dispute, the
Engineer shall provide the Contracting Authority (with a copy for the Contractor) with an Interim
Payment Certificate on the agreed parts of the preliminary version of the final settlement. Then, if the
dispute is finally resolved according to the SubCLAUSE
20.5 of the Special Conditions, then the Contractor shall prepare and submit to the Contracting
Authority (with a copy for the Engineer) the Final Settlement.
SUB-CLAUSE 14.13 ISSUE OF FINAL CERTIFICATE
PAYMENT
Within 28 days after receipt of the Final Settlement and the written release in accordance with Sub-
CLAUSE 14.11 of the Special Conditions and 14.12 of the General Conditions, the Engineer shall issue to
the Customer a Final Payment Certificate which shall indicate:
a) the amount ultimately due, and
b) the scope of the Works performed by individual participants of the consortium and the amount
of remuneration attributable to each participant in the consortium
– only if the consortium participant referred to in § 4 of the Agreement is not authorized to
issue VAT invoices to the Ordering Party documenting all Works performed by all participants of
the consortium, and – (the provision will be deleted if the Contractor is one entity)
c) the balance (if any) due to the Contractor from the Contracting entity or to the Contracting entity
from the Contractor, as the case may be, after taking into account for the benefit of the
Ordering Party all amounts previously paid by the Contracting entity, including advance
payments, and all sums to which the Contracting entity is entitled.
If the Contractor does not request a Final Payment Certificate in accordance with the Sub-CLAUSE
14.11 of the Special Conditions and Sub-CLAUSE 14.12 of the General Conditions, the Engineer will
ask the Contractor to do so. If the Contractor does not make such a request within 28 days, the
Engineer shall issue a Final Payment Certificate for such amount as it fairly determines as due.
In the Final Payment Certificate, the Engineer shall include deductions for direct payment to
Subcontractors made directly by the Contracting Authority pursuant to Art. 143 a - c of the Act, or
deductions of amounts paid to Subcontractors under Article 6471 of the Civil Code and the provisions
of SubCLAUSE 4.4 of Special Conditions
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CLAUSE 15 WITHDRAWAL BY THE ORDERING PARTY
Sub-CLAUSE 15.2 WITHDRAWAL BY THE ORDERING PARTY

Not later than 360 days from the date of expiry of the Original Time for Completion specified in the
Agreement, the Contracting Authority has the right to withdraw from the Agreement by giving the
Contractor notice of withdrawal, in the event of any of the following Circumstances:
a) in the event that the Contractor fails to comply with the call under Sub-CLAUSE 15.1 of the General
Conditions, within the time limit set to the Contractor in accordance with Sub-CLAUSE 15.1 of the
General Conditions,
b) in the event that the Contractor fails to provide the Performance Guarantee in accordance
with Sub-CLAUSE 4.2 of the Special Conditions, including when it is impossible for the
Contracting entity to exercise the rights regulated in the the above-mentioned SubCLAUSE,
c) in the event that the Contractor fails to provide the Contracting Authority with a Performance
Guarantee with an extended expiry date, in accordance with Sub-CLAUSE 4.2 of the Special
Conditions,
d) in the event that the Contractor abandons the Works – in such a case , the Contracting Authority
or the Engineer will call the Contractor to undertake the Works and set an appropriate deadline
for this purpose ("Deadline for Commencement of Works "), and after the ineffective expiry of
the Deadline for Commencement of Works, the Contracting Authority shall be entitled to withdraw
from the Contract,
e) in the event that the Contractor, otherwise than by abandoning the Works, openly demonstrates its
intention not to continue performing its obligations under the Contract – in such a case, the
Contracting Authority or the Engineer shall call upon the Contractor to continue the Works and
shall set the Contractor an appropriate deadline for this purpose ("Deadline for Continuing
Obligations"), and after ineffective expiry of the Deadline for Continuing Obligations, the
Ordering Party shall be entitled to withdraw from the Contract,
f) in the event that the Contractor without reasonable justification evades from:
(i) carry out Works in accordance with Clause 8 of the General Conditions modified by the
provisions of the Special Conditions – in such a case, the Contracting Authority or the
Engineer shall call the Contractor to carry out the Works in accordance with the above-
mentioned Clauseand set an appropriate deadline for the Contractor for this purpose
("Deadline for Conducting Works in accordance with the Contract "), and after the
ineffective expiry of the Deadline for Contractually Conducting Works, the Contracting
Authority shall be entitled to withdraw from the Contract,
(ii) comply with a notification issued under Sub-CLAUSE 7.5 of the General Terms or Sub-
CLAUSE 7.6 of the General Terms and Conditions within 8 days of receipt of such
notification,
g) in the event that the Contractor subcontracts the entire Works or assigns the Contract, without
the required agreement – in such a case, the Contracting Authority shall be entitled to withdraw
from the Contract from the date of becoming aware of such subcontracting of Works by the
Contractor or such assignment of the Contract,
h) in the event that the Contractor becomes insolvent in such a way that it does not perform its due
financial obligations, regardless of the value of these obligations and the reason for their non-
performance, or when the Contractor's obligations exceed the value of its assets, even if it performs
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these obligations on an ongoing basis – in Such
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in the case of the Contracting Authority shall be entitled to withdraw from the Contract starting from
the date of becoming aware of the Contractor's insolvency. The Contractor shall be deemed not to
have fulfilled its due pecuniary obligations in the following cases, inter alia:
(i) enforcement proceedings have been initiated against any movable or immovable property
of the Contractor,
(ii) The Contractor submitted a statement on the initiation of remedial proceedings,
(iii) a compulsory administrator has been appointed on the Contractor's property,
(iv) liquidation has been initiated in relation to the Contractor (voluntary or compulsory),
(v) The Contractor shall proceed to the actual liquidation or sale of its enterprise,
(vi) The Contractorand the actual cessation of business activity, regardless of whether an
appropriate entry has been made in this respect in the relevant register of the Contractor,
i) if the Contractor gives or proposes, directly or through another person (including between its
employees, persons with whom the Contractor cooperates on the basis of civil law contracts,
representatives, Subcontractors), any pecuniary or personal benefit to any person, as an incentive or
reward for:
(i) any action or abstention from any action relating to the Contract, or
(ii) for showing or refraining from showing favor or disfavor in connection with the
implementation of the Contract,
and such action is prohibited by law on pain of punishment; in such a case, the Contracting
Authority shall be entitled to withdraw from the Contract from the date of becoming aware of
such action by the Contractor.
j) where direct payments to the Subcontractor or a subcontractor have to be made multiple times
or direct payments greater than 5% of the Accepted Contract Amount have to be made ; in such a
case, the Ordering Party shall be entitled to withdraw from the Contract from the date on which:
(i) the Ordering Party has received for the 3rd (third time) a request from the Subcontractor or a
further subcontractor for payment (whereby it is a request for the same Subcontractor or a
further subcontractor or different Subcontractors or further subcontractors), or
(ii) the Ordering Party has received a request from the Subcontractor or a further Subcontractor
to pay an amount which – including the amount(s) previously paid by the Contracting entity
to the Subcontractor(s) or will give to the subcontractor( s) – exceeds 5% of the Accepted
Contractual Amount,
k) if the Contractor's delay in the implementation of a given Stage included in the material and
financial schedule exceeds 60 days (the time of delay is counted from
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the time provided for the implementation of a given Stage in the Material and Financial
Schedule);
l) in the event that the Contractor's delay in terms of the deadline for completion of the Contract,
indicated in the material and financial schedule, exceeds 60 days;
m) in the event that the sum of accrued contractual penalties for delay in the implementation of a
given Stage exceeds 30% of the gross value of a given Stage (included in the material and
financial schedule);
Upon withdrawal, the Contract shall be terminated with the following effects:
a) The Contracting Authority shall be entitled to remove the Contractor with immediate effect from
Plac Budowa,
b) The Contractor shall leave the Construction Site and provide the Engineer with all required
Goods, all Documents of the Contractor and other design documentation prepared by him or on his
behalf,
c) The Contractor shall make every effort to comply immediately with any reasonable instructions
contained in the Purchaser's notice of withdrawal or in other letters following such notification,
concerning :
(i) the assignment of any subcontractorherein , or
(ii) protection of life or property or safety of the Works.
d) The Contracting Authority shall give the Contractor notice that the Contractor's Equipment and
Temporary Works will be released for the Contractor at or near the Construction Site. The
Contractor shall promptly arrange for the removal of these items, at his own risk and expense.
However, if by that time the Contractor is in arrears with any payment due to the Ordering Party,
these payments may be sold by the Ordering Party to cover this payment. Any balance from the
revenue will then be paid to the Contractor. If, by nature, the Contractor's Equipment cannot
be sold, the Contracting entity shall have the contractual right to retain – at the Contractor's expense –
such items until the payments due to the Ordering Party from the Contractor referred to above are
settled.
The Ordering Party's withdrawal from the Contract on the basis ofSub-CLAUSE 15.2 of the Special
Conditions shall have effect ex nunc (for the future). The settlement of the Parties shall in such a case
be in accordance with Sub-CLAUSE 15.3 of the General Terms and Sub-CLAUSE 15.4 of the General
Terms.
After withdrawal, the Ordering Party may complete the Works or engage any other persons to do so. The
Contracting Authority and these persons may then use any Goods, Contractor Documents and other
design documentation prepared by or on behalf of the Contractor.
If, by the time of the Ordering Party's withdrawal from the Contract, theauthor's economic rights to the
Contractor's Documents have not been transferred to the Contracting Authority in accordance with
Sub-CLAUSE 1.10 of the Special Conditions, the transfer of these rights to the Ordering Party shall
take place upon the Ordering Party's accession to the Contract. In the event that there is no transfer of
author's economic rights referred to in the preceding sentence or any dispute as to the effectiveness of such
transfer, the Contractor undertakes to transfer all these rights to the Ordering Party, to the extent and in
the fields of exploitation described in Sub-CLAUSE 1.10 of Special Conditions and Appendix 4 to
Special Conditions, as soon as possible. Transfer
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of the copyrights referred to in this paragraph shall be made for a fee, as part of the remuneration due
to the Contractor for the Works performed until the withdrawal from the Agreement.
Notification of the Ordering Party about the withdrawal doesnot prejudice, in particular does not
detract from other rights of the Ordering Party provided for in the Contract, including the calculation
of contractual penalties and the enforcement of both those accrued up to the date of withdrawal, as
well as those accrued after that date.
This Sub-CLAUSE 15.2 of the Special Conditions does not prejudice the statutory right of the
Ordering Party to withdraw from the Contract, in accordance with the provisions of the Act of 23
April 1964 – Civil Code (i.e. the statutory right of withdrawal may be exercised by the Ordering Party
regardless of the contractual right of withdrawal referred to in this Sub-CLAUSE 15.2 special
conditions).
SUB-CLAUSE 15.5 YOUR RIGHT TO WITHDRAWA
Regardless of the cases and circumstances specified in Sub-CLAUSE 15.2 of the Special Conditions,
the Ordering Party may withdraw from the Contract at its choice in whole or in part within 4 months from
the date of signing the Agreement by the Ordering Party.
This withdrawal shall enter into force 28 days after the date of receipt by the Contractor of the
notification of withdrawal by the Contracting entity.
After this waiver, the Contractor shall comply with Sub-CLAUSE 16.3 of the General Terms and
Conditions and shall receive payment in accordance with Sub-CLAUSE 19.6 of the General Conditions.
CLAUSE 16 SUSPENSION AND WITHDRAWAL BY THE CONTRACTOR
SUB-CLAUSE 16.1 CONTRACTOR'S RIGHT TO SUSPEND WORK

The Sub-CLAUSE shall be deleted and followed by the following:
If the Engineer fails to certify in accordance with Sub-CLAUSE 14.6 of the Special Conditions or the
Contracting Authority fails to comply with 14.7 of the Special Conditions, the Contractor may, after
giving the Employer no less than 21 days' notice, suspend work (or reduce its pace) if and until the
Contractor receive an Interim Payment Certificate, proof or payment, as the case may be and as
described in the notification.
This action of the Contractor will not affect its rights under Sub-CLAUSE 14.8 of the Special
Conditions and to withdraw according to SubKLAUZULI 16.2 of the Special Conditions.
If the Contractor subsequently receives such Interim Payment Certificate, evidence or payment (as
described in the relevant Sub-CLAUSE and the above notification) prior to giving notice of withdrawal, the
Contractor shall resume normal work as soon as reasonably practicable.
If the Contractor suffers a delay as a result of the suspension of work (or a reduction in the pace of work) in
accordance with this Sub-CLAUSE, the Contractor shall give notice to the Engineer and shall be
entitled, subject to Sub-CLAUSE 20.1 of the General Terms and Sub-CLAUSE 8.4 of the Specific
Terms, if completion is or is expected to be delayed Ne.
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Sub-CLAUSE 16.2 WITHDRAWAL BY THE CONTRACTOR
Not later than 360 days from the date of expiry of the Original Time for Completion specified in the
Agreement, the Contractor has the right to withdraw from the Contract by giving the Ordering Party
a notification of withdrawal with 14 days' notice in any of the following circumstances:
(a) if the Engineer does not issue, within 56 days after receipt of the Statement and the underlying
documents, the relevant Payment Certificate,
(b) where the Contractor has not received the amount due under the relevant Interim Payment
Certificate, within 42 days of the expiry of the time specified in Sub-CLAUSE 14.7 of the Special
Conditions within which payment is to be made (excluding deductions in accordance with
SubCLAUSE 2.5 of the Special Conditions,
(c) when the extended suspension covers all of the Works, as described in Sub-CLAUSE 8.11 of the
General Conditions.
The Contractor's withdrawal from the Contract shall take place after 14 days from the date on which the
Contractor's notification of the withdrawal reaches the Contracting entity in such a way that it could
become familiar with its content, including in particular 14 days from the date of delivery of this
notification to the Contracting Entity. At that moment, the Contract is terminated and Sub-
CLAUSES 16.3 and 16.4 of the General Terms and Conditions apply.
The Contractor's withdrawal from the Contract under this Sub-CLAUSE 16.2 of the Special Conditions
shall have effect ex nunc (for the future).
After the Contractor's withdrawal from the Contract, the Contracting Authority may complete the
Works or engage any other persons to do so. The Contracting Authority and these persons may then use
any Goods, Contractor Documents and other design documentation prepared by or on behalf of the
Contractor. If, by the time of the Contractor's withdrawal from the Contract, the proprietary
copyrights to the Contractor's Documents have not been transferred to the Ordering Party in
accordance with Sub-CLAUSE 1.10 of the Special Conditions, the transfer of these rights to the Ordering
Party shall take place upon the Contractor's withdrawal from the Contract.
Notification of the Contractor about the withdrawal shall not prejudice, in particular shall not
diminish the other rights of the Contractor provided for in the Contract.
The Ordering Party reserves the right to claim damages exceeding the amount of the contractual penalty
reserved above.
CLAUSE 17 RISK AND LIABILITY
SUB-CLAUSE 17.4 EFFECTS OF HAZARDS PRESENTING

RISKS
If, and to the extent that any of the risks listed above in Sub-CLAUSE 17.3 of the General Terms
and Conditions causes loss or damage to the Works,
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Contractor's Goods or Documents, the Contractor shall promptly give notice to the Engineer and
repair such loss or damage to the extent required by the Engineer.
If the Contractor suffers a delay and/or incurs a Cost for repairing such loss or damage, the Contractor shall
give further notice to the Engineer and shall be entitled, subject to Sub-CLAUSE 20.1 of the General
Conditions, to:
a) extension of time in connection with any such delay, according to the Sub-CLAUSE
8.4 Special Terms, if completion is or is expected to be delayed, and
b) payment for any such Cost, which payment shall be included in the Contract Price.
Upon receipt of this further notice, the Engineer will proceed in accordance with Sub-CLAUSE 3.5 of
the General Terms and Conditions to agree or determine these matters.
SubCLAUSES are added
SUB-CLAUSE 17.7 USE OF BACK FACILITIES

If the Contractor takes over specific facilities from the Contracting Entity, it is from the date
ofcommencement of use or occupation by the Contractor until the date of taking over or terminating the
use (in the event that the takeover or termination of use may take place after date of the Takeover
Certificate) The Contractor shall take all responsibility for the facilities of the Contracting Authority
made available to the Contractor.
If, during the period in which the Contractor is responsible for the care of these elements, damage or
loss occurs for any reason other than those for which the Contracting Authority is responsible, the
Contractor shall repair at its own expense and to the satisfaction of the Engineer any such damage or
loss . At the end of the period of use, the Contractor shall restore the premises to their original
condition described in the takeover protocol, except incases where the Engineer confirms in writing that
the object is to be immediately demolished.
INSURANCE CLAUSE 18
SUB-CLAUSE 18.1 GENERAL INSURANCE REQUIREMENTS

1. Whenever the term "Party policyholder" is used in any of the Sub-CLAUSES of CLAUSE 18,
it means the Party responsible for entering into and maintaining the insurance contract to the
extent specified in the relevant Sub-CLAUSE.
2. The Contractor and the Contracting Authority shall conclude the required insurance contracts
with insurers holding appropriate permits to conduct insurance business and having
organizational units on the territory of the Republic of Poland (hereinafter also referred to as
"RP"), having appropriate personal and organizational potential, who are able to service
concluded insurance and claims handling contracts through units operating in the territory of
the Republic of Poland.
3. An insurer operating in accordance with the law on the territory of the Republic of Poland,
which does not have its own organizational unit in the territory of the Republic of Poland,
should indicate the unit/entity occupying
9090/IREZA2/03406/01510/19/P
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is engaged in this type of activity in the territory of the Republic of Poland, which, on the basis of a
contract concluded with it, deals with the service of an insurance contract (policy) and claims
handling on the territory of the Republic of Poland. In the case of compulsory insurance,
equipment insurance, Contractors are allowedto submit evidence of the conclusion of an
insurance contract (policies), including those concluded outside the territory of the Republic of
Poland, provided that they provide insurance cover on the territory of the Republic of Poland in
accordance with the provisions of Polish law (implemented EU law).
4. If an insurance cover (policy) is required to cover the co-insured, the cover will apply
separately to each of the co-insured persons, as if a separate policy were issued for each of them.
If any insurance contract (policy) covers additional co-insured, that is, in addition to the
insured specified in this CLAUSE 18 of the Special Conditions, then:
a) The Contractor shall act in accordance with this insurance contract (policy) for the
benefitof these additional co-insured persons, except that the Contracting Authority shall
act for the benefit of the Contracting Authority ,
b) the additional co-insured persons will not be entitled to receive payments directly from the
insurer or to have any other direct relationship with the insurer, and
c) The policyholder will require all additional co-insured to comply with the conditions
stipulated in the insurance contract (policy),
5. Each insurance contract (policy) against loss or damage shall stipulate that payments shall be
made in the currencies required to repair that loss or damage. Payments received from insurers
will be used to repair this loss or damage.
6. The Contractor is obliged to provide the Contracting Entity, signed by the Insurer, with full
insurance documentation (which consists of the insurance contract, general terms and
conditions of insurance, annexes and annexes to the insurance contract ) in accordance with
insurance requirements specified in CLAUSE 18 of the Special Conditions, within 14 days of
signing the Agreement. The Ordering Party allows for the possibility of submitting full
insurance documentation for verification of projects in the period preceding the obligation to
provide full insurance documentation signed by the Insurer. The Ordering Party is entitled to
verify theinsurance documentation sent. In the case of insurance of construction machinery, the
Contractor is obliged to provide the Ordering Party with full insurance documentation signed
by the Insurer in accordance with the insurance requirements specified in the Agreement, no later
than 3 days before the machines are introduced to the construction site.
7. It is allowed to pay the insurance premium in a maximum of three equal installments, provided
that the payment of the insurance premium or the first installment of the premium takes place no
later than within 30 days from the signing of the Agreement, and the payment subsequent
installments will take place no later than within 1 year from the signing of the Agreement, but not
later than the date of completion of the subject of the Agreement. Evidence of payment of the
premium (instalments of contributions) shall be provided by the Contractor immediately after
the expiry of the payment deadlines. Contractor – w
9090/IREZA2/03406/01510/19/P
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the duration of the Contract - will present to the Ordering Party all insurance documents and
all decisions related to investment insurance issued by the insurer / and documents
confirming the deadline payment of contributions or contribution installments. The above rules also
apply accordingly to annexes extending the Agreement.
8. The Ordering Party, regardless of the obligation to provide insurance documentation specified
above, is entitled to verify the sent insurance documentation. In the event that the documents sent
do not meet the insurance requirements of clause 18 of the Special Conditions specified in any
of the Sub-CLAUSES, the Contracting Authority shall submit its comments and appoint an
additional 7 working days to the Contractor at one time to make changes and renew sending
insurance documentation by the Contractor. The Ordering Party is obliged to submit comments
within no more than 30 days from the date of receipt of the insurance documentation and 15
days from the date of receipt of the corrected insurance documentation. After accepting the
insurance documentation by the Ordering Party, the Contractor shall provide the Ordering
Party with a scan of the full insurance documentation signed by the Policyholder and the
Policyholder electronically within 4 working days. If, after re-verification, the insurance
documents submitted no longer meet the insurance requirements contained in any Sub-
CLAUSE of CLAUSE 18 of the Special Conditions, then:
a) The Ordering Party shall inform the Contractor that it assumes insurance responsibility in
respect of insurance contracts that do not meet the insurance requirements contained in
this CLAUSE 18 of the Special Conditions;
b) Taking over the insurance responsibility referred to in letter a) means taking over, at the
Contractor's expense, the process of preparing insurance documents, including negotiating
insurance conditions and preparing insurance contract documents in which the
Policyholder, i.e. the party, obliged to sign the insurance contract and the payer of the
premium will remain the Contractor;
c) The Contractor, within 3 days of receiving the information referred to in point (a)
provide and deliver to the insurance broker of the Ordering Party, a one-time brokerage
order for the preparation of insurance documents, including negotiating insurance
conditions in accordance with the insurance requirements indicated in this CLAUSE 18 of
the Special Conditions;
d) in the event that the order referred to in point (c) has not been given or has been
ineffectively granted or has not been delivered, it shall be assumed that this order results
directly from this Agreement and was granted at the time of its signature;
e) The Ordering Party reserves the right to a different method of settling payments to the Insurer,
including by deducting from the remuneration due to the Contractor.
Noworks/services may be performed before the Contractor delivers the insurance
documentation within the time limit referred to in point 6.
9. Each Party shall comply with the terms and conditions required in each of the insurance
contracts (policies). The policyholder will keep you informed
9090/IREZA2/03406/01510/19/P
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insurers of any relevant changes in the execution of the Works and ensure that the insurance is
maintained in accordance with this CLAUSE 18 of the Special Conditions .
10. Neither Party shall make any material change to the arrangements of any insurance without
the prior approval of the other Party. If the Insurer makes (or attempts to make) any change, the
Party first notified by the Insurer shall forciblynotify the other Party.
11. The provisions of this CLAUSE 18 of the Special Conditions shall not limit the obligations,
warranties or liability of the Contractor or the Contracting Entity under other provisions of the
Contract or otherwise. Any quarry, uninsured or not recovered from insurers, shall be charged to
the Contractor and/or the Purchaser in accordance with these obligations, warranties or liabilities.
However, if the Policyholder fails to make and maintain in force any insurance which is
available and which is required to be made and renewed under the Contract and the other
Party neither approves this omission nor takes out insurance with coverage corresponding to
such default, any amounts that should have been recoverable under that insurance shall be paid
by Strona to the policyholder.
12. Payments made by one Party to another Party shall incorporate Sub-CLAUSE 2.5 of the Special
Terms or Sub-CLAUSE 20.1 of the General Terms , whichever is applicable.
13. If, during the execution of the Works, it turns out that the Contractor is unable to provide
evidence of payment of premiums/installments of premiums and validity of insurance
policies, the Engineer may suspend the execution of the Works with immediate effect . The
consequences of such a change in the Works shall be borne solely by the Contractor.
14. No insurance contract (policy) provided for this Contract may exclude liability for loss, damage
or restoration as a result of an error or omission committed by the Designer, Engineer or their
personnel.
15. The requirement of "insurance" shall be understood as the presentation of insurance contracts
and the inseparably connected contract service and the settlement of damages related to these
contracts in the Republic of Poland, in order to adequately secure the interests of the Ordering
Party related to the implementation of the investment .
SUB-CLAUSE 18.2 INSURANCE OF WORKS AND EQUIPMENT OF THE
CONTRACTOR
1. The Party insuring the Works, Equipment, Materials and Documents of the Contractor, as well
as Equipment and Materials intended for the Works, owned by the Ordering Party pursuant to
the provisions of Sub-CLAUSE 14.5 of the Special Conditions, for an amount not less than the full
replacement cost, including the costs of demolition, removal of debris and consultants' fees and
profit. This insurance shall be in force from the date by which the insurance documents are to be
submitted in accordance with Sub-CLAUSE 18.1 of the Special Conditions until the date of issue
of the Take-over Certificate for the Works.
9090/IREZA2/03406/01510/19/P
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2. The policyholder shall prepare this insurance in such a way as to ensure until the date of expiry of
the warranty period for defects (but not earlier than until the date of issue of the Performance
Certificate), coverage of loss or damage for which the Contractor/other insured is responsible,
resulting from a cause occurring before the issuance of the Takeover Certificate and loss or
damage caused by the Contractor in the course of any other activities (including those under
the CLAUSE
11 General Terms as amended by Special Terms. It is assumed that this condition will be met by
the inclusion in the insurance conditions of clause 004 for a period of 36 months and clause
003 for a period of 24 months.
3. The party insuring the Contractor's Equipment for an amount not lower than the full value of the
replacement, including the costs of delivery to the Construction Site. This insurance shall be made
in such a way thateach piece of the Contractor's Equipment shall be insured during transport to
the Construction Site and while staying at the Construction Site or storage site.
4. Unless otherwise specified in the Special Conditions, insurance under this Sub-CLAUSE:
a) will be made and extended by the Contractor as the Policyholder,
b) shall be made to both Parties (excluding insurance of the Contractor's Equipment), which
shall be jointly entitled to receive payments from insurers, whereby such payments shall
be retained at the disposal or distributed between the Parties only for the purpose of
repairing loss or damage,
c) will also be made to all other entities involved in the performance of the contract, including
engineers and technical advisors, supervisors and other companies formally employed
in the performance of the insured contract in relation to their respective rights and
interests in relation to participation in this contract,
d) will cover any loss or damage for any reason not listed in Sub-CLAUSE 17.3 of the
General Conditions,
e) will also cover loss or damage in some part of the Works attributable to the use or occupation by
the Ordering Party of another part of the Works and loss or damage caused by the hazards listed
in subsections (c), (f),
(g) and (h) SubCLAUSE 1 7.3 of the General Conditions, with a franchise of PLN 15,000
per event for each damage, with the exception of the defective parts damage clause and
clause 201, for which a franchise of 10% of the compensation is established, not less
than PLN 15,000,
f) also includes loss, damage and restoration of the initial state resulting from an error or
omission made by the Designer, Engineer or staff of the Designer or Engineer.
SUBCLAUSE 18.3 INSURANCE AGAINST THIRD PARTY INJURY AND
DAMAGE TO THE
1. The Contractor shall conclude and maintain in force for the period indicated below, a civil liability
insurance contract dedicated to the Contract for conducting business and possession and use of
property (together with third party liability insurance for the product)
9090/IREZA2/03406/01510/19/P
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/ service provided) covering any damages/claims that may arise during and/or in connection with the
implementation of the investment. The insurance agreement shall cover the scope of Works and
works resulting from the implementation of this Agreement, and shall be concluded on its own
behalf and on its own behalf and for the benefit of the Ordering Party and all Subcontractors
and other parties formally involved in the implementation of the investment (Insured).
Insurance recourse in relation to insured entities will be excluded.
2. Insurance referred to in point 1 shall cumulatively meet the following conditions:
a) The insurance contract will cover tort, contractual and tort-contractual liability with a guarantee sum
not lower than PLN 30,000,000.00 for one and all insurance accidents.
b) the insurance period will start from the date of commencement of activities resulting from the
implementation of the Agreement, however, no later than from the date of conclusion of
the Agreement and will last until the end of the Guarantee / Warranty Period for defects, but
not longer than 3 years after the date of issuance of the Certificate Acquisitions for Works.
c) Scope of insurance: In addition to the above-mentioned provisions, the following will be
insured: property damage, personal damage and pure financial losses caused to third parties /
other entities and the consequences of such damages arising during and / or in connection
with the performance of the Agreement / performance of warranty obligations / warranty for
defects related to performance of the Agreement, in the following scope:
(i) insurance will cover damages arising after handing over the subject of work / UG
services to the Ordering Party,
(ii) insurance cover will cover damages resulting from this Agreement, as long as claims in
this respect are not time-barred,
(iii) Damages caused by gross negligence will be insured. In addition, a clause covering
intentional fault insurance cover will be included with a limit of PLN 2,000,000.00 for one
and all events,
(iv) the insured will be damaged in the property entrusted, transferred, rented / leased, in
the care or under the supervision of the Insured with a limit of PLN 1,000,000.00 for
one and all events,
(v) damage to property transferred for processing, cleaning, repair, disassembly,
assembly, installation and similar works will be insured ,
(vi) damages caused by motor vehicles and construction vehicles and machinery used to
perform the Agreement will be insured ,
(vii) the insurance will be extended to include mutual civil liability, as if a separate
agreement had been concluded with each of the Insured,
(viii) insurance will be extended to include the employer's civil liability for accidents at work
with a limit of liability, a minimum of PLN 5,000,000.00 for one and all events,
(ix) insurance will cover pure financial losses (pure property damage) with a liability limit,
at least PLN 4,000,000.00 for one and all events,
9090/IREZA2/03406/01510/19/P
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(x) damages caused in installations (includingsub-installations) or equipment during the

performance of works or services, in particular fiber optic cables, electricity, gas, will be
insured,
(xi) damages caused during unloading and loading will be insured (a sublimit of liability
for damage to cargo occurring during unloading and loading in the amount of PLN
1,000,000.00 is allowed ),
(xii) damages caused in the environment with a limit of PLN 3,000,000.00 will be insured ,
(xiii) damages caused under the influence of alcohol, narcotic drugs will be insured,
(xiv) The territorial scope of insurance cover covers the area within which the contract will
be performed, including contractual deliveries. Policies should guarantee protection
according to the jurisdiction and laws of Poland and another country, if it is possible
to claim in this respect,
3. In the scope of insurance specified above, acceptance by the Ordering Party - exclusion/
limitations / conditions of insurance protection introduced into the insurance contract (or
included in the GTC) - will depend on whether their removal from the insurance contract is
possible to obtain on the market.
4. Deductible, integral or own share may not be greater than PLN 10,000.00 for damage to
property, with the exception of pure financial losses and product clauses for which a franchise can
be established according to the formula: "10% of compensation not less than PLN 15,000.00".
No franchises, no personal injury.
5. Other appropriate extensions of protection will be introduced into the insurance contract according to
the nature of the contract covered and the type of work carried out, which means: damage
resulting from vibration, damage resulting from demolition works, use of explosives, damage
related to the violation of the stability of the ground, landslide, landslide or damage caused as a
result of the slow action of thermal, chemical and biological factors, including the impact of
temperature, gases, vapors, moisture, smoke, soot, sewage, mold and noise. P odlimit required
for the above extensions may not be lower than 30% of the required guarantee sum, except for
damage caused by vibration and damage resulting from demolition works, for which the sublimit
applies up to the amount of the guarantee sum j.
6. If the liability limit for any of the above extensions of the scope of insurance is not introduced - the
Insurer's liability up to the full guarantee sum. If the amount of the principal guarantee sum required
for a given Agreement islower than the limits specified above, the individual limits of liability
should correspond to the guarantee sum.
A subCLAUSE is added
SUBCLAUSE 18.5 ERROR INSURANCE
DESIGN
1. The Contractor shall conclude and maintain in force for the period indicated below a civil liability
insurance contract for designers (architects)
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and civil engineers ) / entity performingindependent functions in construction – a policy

dedicated to the Agreement.
2. This insurance shall meet all of the following conditions:
a) the guarantee sum provided for in the insurance contract may not be lower than PLN
30,000,000.00 for one and all events/accidents,
b) insurance should cover all design works/services resulting from the performance of
independent functions in the construction industry performed in connection with the
implementation of the Agreement; (including , m.in checking architectural and construction
designs, exercising author's supervision). Design works/services are considered to be all
activities/components that make up the final project, are necessary for the preparation,
control and supervision of the final project ,
c) all entities related to the execution and implementation of project documentation are
insured, the contract will exclude any recourse claims against the Ordering Party,
d) the insurance period will start from the date of commencement of design activities , but not
later than from the date of conclusion of the Agreement and will last until all design works /
services related to the implementation of the Agreement are performed. The insurance
period must cover the period of implementation of the investment for which the project is
being prepared,
e) scope of insurance: The insurance contract will cover the civil liability of the Insured - for
damage to property, person and pure financial losses with their consequences - resulting from
an act or omission related to the implementation of design works / services / performing
independent functions in construction, in particular:
(i) the insurance covers damage resulting from non-performance or improper
performance of an obligation or damage caused by tort, including cases of overlapping
claims,
(ii) territorial scope, including jurisdiction/jurisdiction of law is adapted to the conditions
related to the performance of the Contract, insurance contracts (policies) should provide
protection according to the jurisdiction and law of Poland and other countries, if a
claim is possible in this regard,
(iii) Insurance should be based on the following assumptions: An insurance accident (the
moment determining the insurer's liability) will be the act or omission of the designer
/ person performing independent functions in the construction industry during the
periode insurance ( misconduct in art), from which the damage to person, property or
loss resulted financial, for which the designer/engineer is responsible, filing claims in
accordance with the limitation periods specified in the law,
(iv) insurance covers damages and defects in designed items resulting from design
works/services, including the costs of removing the defect or the costs of restoring to
the previous state and the costs of redesign ,
(v) Damages caused by gross negligence will be insured. In addition, if it is possible to
obtain on the market, it will be included
9090/IREZA2/03406/01510/19/P
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a clause covering the protection of intentional fault with a limit of PLN 500,000.00 for one
and all events,
(vi) The insurance covers recourse contractual penalties (i.e. contractual penalties charged to the
injured parties) with a limit of PLN 2,000,000.00 for one and all events.
3. In the scope of insurance specified above, acceptance by the Ordering Party -
exclusions/conditions/conditions of insurance protection introduced into the insurance contract
(or included in the GTC) - will depend on whether their removal from the insurance contract is
possible to be obtained on the market,
4. Deductible franchise, integral franchise or own contribution may not be greater than PLN
15,000.00 for damage to property, except for pure financial losses, for which a franchise can
be established according to the formula: "10% of compensation not less than PLN 15,000.00".
No franchises, shares for personal injury,
5. Other appropriate extensions of insurance cover will be introduced into the insurance
contract in accordance with the nature of the Contract covered and the type of work/services
performed, which shall be understood as: insurance of damages resulting from the activities of
a surveyor and geologist, insurance of damages resulting from activities other persons
performing independent functions in construction related to the preparation of the project,
insurance of damage caused by vibrations , vibrations, landslides and collapse of the earth if
their occurrence contributed to the error of the designer covered by the policy OC
6. If the liability limit for any of the above extensions of the scope of insurance is not introduced - the
Insurer's liability up to the full guarantee sum. If the amount of the principal guarantee amount
required for a given contract is less than the limits specified above, the individual limits of
liability should correspond to the guarantee sum.
CLAUSE 20 CLAIMS, DISPUTES AND ARBITRATION
SUB-CLAUSE 20.2 DESIGNATION OF A DISPUTE SETTLEMENT COMMISSION

Sub-CLAUSE 20.3 FAILURE TO AGREE ON THE
COMPOSITION OF THE COMMISSION
DISPUTE SETTLEMENTS
SUB-CLAUSE 20.4 OBTAINING A DECISION OF THE
CONCILIATION BOARD
IN DISPUTES
SUB-CLAUSE 20.5 CONCILIATION
The Contracting Authority and the Contractor shall endeavour to resolve any disputes arising between
them arising from the Agreement or being in direct or indirect connection with the Agreement through
direct negotiations.
9090/IREZA2/03406/01510/19/P
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If, after 60 days from the commencement of direct negotiations, the Contracting Authority and the
Contractor are unable to resolve the dispute, the Parties shall submit the dispute to the common court
competent for the seat of the organizational unit of the Contracting Authority – Northern Region located
in Gdańsk at 2-4 Dyrekcyjna Street.
SUB-CLAUSE 20.6 ARBITRATION
SUB-CLAUSE 20.7 FAILURE TO COMPLY WITH COMMISSION
DECISIONS
DISPUTE SETTLEMENTS
SUB-CLAUSE 20.8 TERMINATION OF THE CONCILIATION
BOARD
IN DISPUTES
9090/IREZA2/03406/01510/19/P
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Reference: 9090/IREZA2/03406/01510/19/P

Website address where the Terms of Reference are located: https://zamowienia.plk-sa.pl

FOR OPEN TENDERING

VOLUME I CONTRACTOR MANUAL (IDW)

COMPATIBILITY WITH RIGHTS........................................................... 27

Sub-CLAUSE .................................................................................................................... 2.2

REPRESENTATIVE OF............................................................................ THE

Sub-CLAUSE .................................................................................................................... 4.24

SUB-CLAUSE .................................................................................................................... 7.4

MAKING THE B........................................................................................

SUB-CLAUSE .................................................................................................................... 20.2

ANNEXES TO THE AGREEMENT:

APPENDIX No. 2 to the Special Conditions - Non-disclosure Agreement;

APPENDIX No. 4 to Special Conditions - Statement of the Author of the Documentation;

APPENDIX No. 5 to Special Conditions - Contractor's Statement; APPENDIX No. 6 to Special

Conditions - Bank guarantee for the return of advance paymentsand;

APPENDIX No. 9 to Special Conditions - Warranty Card Template .

Contract No . (contract number ) for [...]

This Agreement was concluded on ..................... in .............[city] between:

NIP: (Contractor's NIP), REGON: (REGON Contractor)

On behalf of and on behalf of the Contractor, they signed:

CLAUSE 1 GENERAL PROVISIONS

Sub-CLAUSE 1.1 DEFINITIONS

The Sub-CLAUSE is deleted and replaced with the following:

Th e r a t i on s t h e r a t i on s yconania of the Agreement, which the Contractor is

"Notification of the performance of construction works " notification to the

parameters described in the Agreement referred to in SubCLAUSE 2.7 of the Special

Sub-CLAUSE 1.3 NOTICES

SubCLAUSE 1.7 ASSIGNMENT

The Engineer shall be entitled to:

SUB-CLAUSE 1.12 CONFIDENTIAL DETAILS

CLAUSE 2 CONTRACTING AUTHORITY

Sub-CLAUSE 2.1 RIGHT OF ACCESS TO THE CONSTRUCTION SITE

AND MONITORING THE SETTLEMENT OF THE CONTRACT

SUB-CLAUSE 3.1 DUTIES AND POWERS OF THE ENGINEER

(iii) no approval, check, certificate, consent, examination, inspection, instruction, notice,

Sub-CLAUSE 4.1 GENERAL OBLIGATIONS OF THE CONTRACTOR

a) statements of the Contractor or Subcontractor on employment under the contract

district labour inspector, requesting an inspection at the Contractor's or Subcontractor's.

Subcontractors invoice or bill, confirming the performance of the contracted Subcontractor or

a) full name of the Subcontractor,

amendments), in particular in the situation referred to in Art. 143b(3) of the Public

Sub-CLAUSE 4.8 SECURITY PROCEDURES

Sub-CLAUSE 4.18 ENVIRONMENTAL PROTECTION

as a result of the application of CLAUSE 13 and CLAUSE 20 of the General Conditions as

SUB-CLAUSE 4.27 ASSIGNMENT OF SUBCONTRACTING BENEFITS

Sub-CLAUSE 5.1 GENERAL PROJECT OBLIGATIONS

Sub-CLAUSE 5.6 AS-BUILT DOCUMENTATION

CLAUSE 6 MANAGERIAL STAFF AND LABOUR

Sub-CLAUSE 6.5 WORKING HOURS

CLAUSE 7 EQUIPMENT, MATERIALS AND WORKMANSHIP

SUB-CLAUSE 7.1 METHOD OF IMPLEMENTATION

CLAUSE 8 COMMENCEMENT, DELAYS AND SUSPENSION

Sub-CLAUSE 8.1 COMMENCEMENT OF WORKS

(v) the date of commencement and completion of individual assortments of Works,

e) any delay, impediment or impossibility caused by the Contracting entity or the

CLAUSE 10 TAKEOVER BY THE CONTRACTING AUTHORITY

SUB-CLAUSE 10.1 TAKING OVER OF WORKS AND SECTIONS

CLAUSE 11 LIABILITY FOR DEFECTS