Poland – Refuse-incineration plant construction work – Przebudowa i zmiana sposobu użytkowania budynku magazynowego na budynek spalarni odpadów medycznych i weterynaryjnych, w którym zostanie wykonana instalacja do termicznego przekształcania odpadów medycznych i weterynaryjnych o wydajności do 10 ton na dobę (wydajność nominalna 9,6 Mg/dobę), budowa modułowej portierni, wiaty na odpady, ogrodzenia, utwardzenia terenu, wagi samochodowej(...)

The subject of the Contract is the implementation of the investment entitled "Rebuilding and changing the use of a warehouse building into a medical and veterinary waste incineration building, in which a plant for the thermal treatment of medical and veterinary waste with a nominal capacity of 0,4 Mg/h (9,6 Mg/day) will be installed, construction of a modular guardhouse, canopy for waste, fencing, ground paving, weighbridge, external filter, emission chimney, and two sealed, double-walled buffer tanks for industrial sewage, connections: water supply, sanitary sewerage, and heating, external installations: water supply, sanitary sewerage, storm sewer, gas, power cable line along with lighting poles". The Contract includes in particular: the development of the technical design (TD) and the execution design (ED), supply, execution, assembly, integration, commissioning, and handover for operation of the complete plant for the thermal treatment of medical and veterinary waste with a nominal capacity of 0,4 Mg/h (9,6 Mg/day), located in the existing hall, along with the execution of necessary construction, installation, and land development works. The procedure is conducted in the competitive dialogue procedure based on Article 170 in conjunction with Article 153, point 3) and 4) of the Act. The detailed technical and functional scope of the Contract will be specified in the course of the dialogue with the Contractors. The detailed conditions and requirements for the implementation of the Contract are contained in Annex No. 1 entitled "Description of needs and requirements of the Purchaser (DNR) - Construction of a plant for the thermal treatment of medical and veterinary waste with a capacity of up to 10 tons per day (nominal capacity 9,6 Mg/day)".

2. Scope of the Contract

The mentioned documents are binding for the Contractor. The Contractor is obliged to execute the Contract in accordance with the provisions of generally applicable law, the environmental decision, the final building permit decision along with the approved PAB and PZT, DNR / DNR, Agreement, and documentation prepared by the Contractor. In case of discrepancies between the documents or works having significance for the implementation of the Contract, the Contractor is obliged to accept the solution ensuring compliance with the law, the environmental decision for the implementation of the project, the building permit decision along with the approved PAB and PZT, and the purpose and requirements specified in the DNR / DNR. For the purpose of resolving technical, technological, design, functional, environmental, and operational discrepancies, the following order of precedence is adopted: 1) the environmental decision; 2) the final building permit decision along with the approved PAB and PZT; 3) DNR / DNR along with annexes; 4) the draft Agreement — in the scope of provisions regarding the method of implementation, acceptance, liability, deadlines, payments, guarantees, securities, contractual penalties, and the change procedure; 5) technical, design, workshop, execution, and post-execution documentation prepared by the Contractor. The documentation prepared by the Contractor, in particular FEED, Technical Design, Execution Design, workshop documentation, registration documentation, and post-execution documentation, must be consistent with the documents indicated above and may not change, limit, or reduce the requirements resulting from the documents of a higher level in accordance with the order of precedence indicated above. The need to adapt the Contractor's documentation or the method of implementing the Contract to the documents indicated above does not constitute an independent basis for changing the Remuneration or extending the implementation deadline, unless such a need arises from circumstances independent of the Contractor, impossible to predict by an experienced Contractor acting with due diligence, and at the same time the conditions for changing the Agreement specified in the Agreement and in the provisions of PZP are met. The scope of implementation excludes the power generation system (cogeneration), for which the environmental decision provides a gross electrical power of 150 kWe and a gross thermal power of 1500 kW, as well as the photovoltaic installation (PV) included in the energy analysis of the PAB. The scope of implementation includes the recovery of heat from flue gases, implemented by a heat recovery boiler along with a heat transfer system to receivers. Both elements are included in the approved PAB and PZT, and their omission in the implementation constitutes a deviation from the approved design. The qualification of this deviation as significant or non-significant (Article 36a, paragraph 5, PB) the Contractor presents at the FEED stage (point 2.1, lit. c, Stage Ia), and its consideration takes place in the manner of point 2.1, lit. j) and author's supervision (point 2.1, lit. d). The Contractor includes in the technical design a reserve of space and mechanical and electrical interfaces enabling the future installation of the cogeneration system and the photovoltaic installation. The working pressure of the steam, not less than 2,0 MPa, which the environmental decision links with the configuration with the cogeneration system, is not a binding parameter for the configuration without this system; the heat recovery boiler then operates as a heating unit, and a lower working pressure value is permissible.