Poland – Construction work – Postepowanie na wybór Partnera Prywatnego w ramach przedsięwzięcia polegającego na przebudowie dróg miejskich w Zduńskiej Woli w formule PPP

1. The procedure is conducted in a competitive dialogue in accordance with art. 169 of the Public Procurement Law (Journal of Laws of 2024, item 1320 as amended), in relation to art. 153, point 3) of the same law, and in relation to art. 4(1) of the Act of 19 December 2008 on public-private partnership (i.e. Journal of Laws of 2023, item 1637). 2. In response to the contract notice, all interested Contractors may submit applications for admission to the procedure. The contracting authority conducts a dialogue with the Contractors invited to participate in the competitive dialogue regarding the solutions proposed by them, after which it invites them to submit tenders. 3. The public entity intends to invite at least two Contractors to the competitive dialogue. 4. The public entity does not envisage any rewards for the Contractors participating in the competitive dialogue. 5. In this case, preliminary market consultations have taken place, as referred to in art. 84 of the PZP Act. 6. In accordance with the requirements of art. 5(2) of the Act of 19 December 2008 on public-private partnership, it is informed that the procedure aims to conclude a public-private partnership agreement. 7. The subject of the procedure is the selection of a Private Partner for the project entitled "Reconstruction of urban roads in Zduńska Wola in the PPP formula." 8. The subject of the partnership includes, in particular: 8.1. the execution of construction works on the basis of design documentation and on the basis of building permits issued for the reconstruction of urban roads in Zduńska Wola. The scope includes works from the industry: 8.1.1. road, including, among others: the execution of a mineral-bituminous road surface, the execution of a pedestrian road, a bicycle road, and a pedestrian and bicycle road, the execution of ramps and sidewalks, the felling of trees and the execution of replacement plantings, the execution of a green belt and green areas, the execution of French drainage; 8.1.2. sanitary, including, among others: the construction of a rainwater drainage network, the execution of retention tanks with a hydrophobic set, the reconstruction of water supply and sanitary sewer connections, the reconstruction of the water supply network, and the removal of collisions with the gas network; 8.1.3. electrical and technological, including, among others: the construction of street lighting, the construction and reconstruction of cable networks; 8.1.4. telecommunications, including, among others: the construction of a technological canal with connections to all properties and the removal of collisions with the teletechnical network; 8.2. the maintenance of the built technical infrastructure in operational condition (so-called hard maintenance). 9. The contract includes a basic scope (guaranteed) and an optional scope (subject to the right of option). 9.1. Basic scope (guaranteed): 9.1.1. I: Nowe Miasto Estate – Area A, 9.1.2. II: Nowe Miasto Estate – Area B. 9.2. Optional scope (subject to the right of option): 9.2.1. III: Jana Pawła II Estate, 9.2.2. IV: Południe Estate. 9.3. The contracting authority reserves the right to exercise the right of option (in whole or in part) in the event that it will have the financial resources allowing for the implementation of the optional scope of the contract and this will result from the needs of the contracting authority. The right of option is a unilateral right of the contracting authority, which may, but is not obliged to, exercise it within the framework of the implementation of the subject of the contract. In the event that the contracting authority does not exercise the right of option, no claims shall accrue to the Contractors on this account. 10. The total scope of the project includes 42 sections of public roads, owned by the City, with a length of 13 m to 861 m, including: Nowe Miasto Estate – Area A and B - 23 sections; Jana Pawła II Estate – 13 sections; Południe Estate – 6 sections. Additionally, the scope of the project includes 7 sections of pedestrian paths on Jana Pawła II Estate. The total length of the roads, excluding pedestrian paths, is 13.24 km. 11. An element of the partnership is the provision of financing for the total investment expenditure. 12. Upon the expiry of the PPP agreement term, the Private Partner will transfer to the public entity the property component that was used to implement the Project, in a non-deteriorated state, taking into account its wear and tear as a result of proper use, in accordance with the provisions of the PPP agreement. 13. The Private Partner's remuneration will be the so-called availability fee. 14. The contracting authority reserves the right that the final requirements, as well as the division of tasks and obligations between the public entity and the private partner, will be determined during the competitive dialogue and will be specified in the specification of contract conditions (SWZ), at the stage of invitation to submit tenders.