Poland – Snow-clearing services – ZIMOWE UTRZYMANIE DRÓG NA TERENIE MIASTA I GMINY PSZCZYNA W SEZONIE 2026/2027

Winter maintenance of roads in the city and municipality of Pszczyna for the 2026/2027 season includes snow removal and combating winter slipperiness on roads (carriageways, pavements, cycle paths, pedestrian and cycle paths, bus and parking bays), parking lots, as well as the removal (disposal) of snow from designated areas, and street sweeping after the winter period. 2. The detailed scope of the contract is specified in Annex No. 1 to the SWZ, i.e. Detailed Technical Specification. The list of roads, pavements and parking lots subject to winter maintenance and the list of roads designated for sweeping after the winter season are specified in Annexes No. 8, 9, 10 and 11 to the SWZ. 3. Winter road maintenance services in the city of Pszczyna will be provided by snowplough carriers, in accordance with the submitted offer. 4. The Contracting Authority requires the installation in the technical space of snowplough carriers and carriers with a gritter, which will carry out work in the city of Pszczyna, of locating devices transmitting current and archival information for the last 60 days about the position of the vehicle along with its identifier. The locating device must ensure buffering of location data in the event of a lack/loss of GSM range and their transmission directly after regaining connection. The Contractor will provide the Contracting Authority with access data for the snowplough carrier location system before the service is commenced. In case of necessity, the Contractor will provide training for the Contracting Authority's employee in the operation of the programme. 5. The Contractor will provide the appropriate amount of equipment for snow removal and combating slipperiness and the appropriate number of persons with the necessary qualifications required to implement the contract. 6. The Contractor is obliged to have a Base in the municipality of Pszczyna equipped with: a) a hardened, fenced yard for storing abrasive materials and chemical agents in such a way that they are protected from moisture in specially prepared warehouses, so that they do not lead to the degradation of the natural environment. The warehouse should be located near the maintained roads, so that their location does not cause delays in the operation of the equipment on the roads. Materials stored in the warehouse should have a roof. The Contractor will notify (readiness) – the locations of the equipment base and material warehouse 7 days before the date of signing the contract. b) a dispatch point (active throughout the service period). The dispatcher should have access to information about the actual location of the vehicles and have direct communication with each of the plough/gritter operators and with the Contracting Authority. The Contractor will organise the base with the equipment by no later than 20 November 2025. 7. The Contractor is obliged, as part of the remuneration, to purchase and store the appropriate amount of chemical and abrasive materials used to combat slipperiness. The stock of materials to eliminate winter slipperiness must ensure the continuity of work related to winter road maintenance. 8. In the event that any claims are made against the Contracting Authority by third parties arising from services performed by the Contractor, the Contractor will assume all responsibility and conduct the case on the basis of the claim and, on its own behalf, will satisfy such claims if they are justified. The Contractor will immediately notify the third party of the assumption of the claim. 9. The Contracting Authority will not recognise any claims of third parties arising in connection with the services provided by the Contractor, in respect of which the Contracting Authority would subsequently have a right of recourse against the Contractor. 10. The Contractor bears full responsibility towards residents and third parties for damages caused during the performance of the service, in particular for traffic damages resulting from the participation of vehicles in road traffic and property damages in relation to the property of owners of properties adjacent to the cleared areas, as well as any other damages. 11. The subject of the contract is financed from the budget of the municipality of Pszczyna. 12. Requirements regarding the employment by the Contractor or Subcontractor of persons on the basis of an employment relationship. 12.1. The Contracting Authority, pursuant to Article 95(1) of the Pzp Act, requires the Contractor or Subcontractor to employ, on the basis of an employment contract, persons performing activities within the scope of the contract implementation in the manner specified in Article 22(1) of the Act of 26 June 1974 – Labour Code (Journal of Laws of 2025, item 277, as amended). The Contracting Authority requires the Contractor to employ, on the basis of an employment contract, persons performing the functions of Dispatchers. 12.2. During the implementation of the contract, the Contracting Authority is entitled to carry out control activities in relation to the Contractor regarding the Contractor's or Subcontractor's compliance with the requirement to employ persons on the basis of an employment contract to perform the activities indicated in point 12.1 of the SWZ. The Contracting Authority is entitled, in particular, to: 1) request declarations and documents in the scope of confirming compliance with the above requirements and assess them; 2) request explanations in the event of doubts regarding the confirmation of compliance with the above requirements; 3) carry out an on-site check of the service provision. 12.3. During the implementation of the contract, for each request of the Contracting Authority within the time limit specified in that request, the Contractor will submit to the Contracting Authority the following evidence to confirm compliance with the requirement to employ, by the Contractor or Subcontractor, persons performing the activities indicated in point 12.1: 1) declarations by the contractor or subcontractor of the employment of an employee on the basis of an employment contract. 12.4. In the event of non-compliance by the Contractor or Subcontractor with the requirement to employ, on the basis of an employment contract, persons performing the activities indicated in point 12.1, the Contracting Authority provides for a sanction in the form of an obligation for the Contractor to pay a contractual penalty in the amount specified in the contract project constituting - Annex No. 6 to the SWZ.