Poland – Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork – Budowa infrastruktury rowerowej w ciągu ulic: Krasińskiego, Markwarta, Sieńki, Moniuszki, Skłodowskiej-Curie i Łęczyckiej w Bydgoszczy

The subject of the contract are construction works, in the meaning of art. 7 point 21 of the Public Procurement Law, consisting of reconstruction, in the meaning of art. 3 point 7a, and construction, in the meaning of art. 3 point 6, of the Act of 7 July 1994 on Construction Law. The contract covers the implementation of the investment entitled: "Construction of cycling infrastructure along the streets: Krasińskiego, Markwarta, Sieńki, Moniuszki, Skłodowskiej-Curie and Łęczyckiej in Bydgoszcz." The contract will be implemented in stages: 1) STAGE I: a) section 1 - from Gdańska to the entrance of Staszica with the complete closure of the street; - ensure a detour via Staszica street; - implement the Staszica intersection halfway; - from Staszica to Ossolińskich implement halfway; b) section 2 - from Ossolińskich to Ogińskiego implement halfway; - implement the Ossolińskich roundabout halfway; c) section 5 - implementation of the Skrzetuskiego roundabout under traffic; d) section 6 - implementation of the roundabout on Łęczyckiej under traffic as well as the entire street from Fordońska to Kamienna; 2) STAGE II: a) section 3 and 4 - from Ogińskiego to the Skrzetuskiego roundabout implement halfway with the use of a traffic light system; - implement a temporary single-lane roundabout with right-turn bypasses on selected routes at the Ogińskiego, Moniuszki, Sieńki intersection; b) section 5 - from the Skrzetuskiego roundabout to Łęczyckiej together with ul. Kijowska under traffic; 2. A detailed description of the subject of the contract and the conditions for the execution of the contract are included in the draft contract terms with annexes, constituting Annex No. 1 to the SWZ, including: - description of the subject of the contract, design documentation PAB, PZT, PT and technical specifications for the execution and acceptance of construction works, constituting Annex No. 2 to the Contract; - template of the offer form constituting Annex No. 2 to the SWZ. 3. The contracting authority does not impose an absolute requirement to conduct a site visit, but suggests conducting it in the interest of the Contractor without the participation of the contracting authority. 4. The contracting authority, in accordance with art. 95 para. 1 of the Public Procurement Law, requires that the contractor or subcontractor, when implementing the contract (for the entire period of the contract's validity), employs, on the basis of an employment relationship in accordance with the provisions of the Labour Code (art. 22 § 1), persons directly performing the works, i.e. so-called physical workers, including road workers, industry fitters, general construction workers, operators/drivers of construction machinery and vehicles. This requirement does not apply to persons managing the construction, performing geodetic services, or suppliers of construction materials. A detailed description of the contracting authority's requirements in this regard is included in the draft contract terms, which constitute Annex No. 1 to the SWZ. 5. The contractor may entrust the execution of part of the contract to a subcontractor, with the exception described in point V.11. of the SWZ. In the scope of subcontracting, the provisions of art. 462-465 of the Public Procurement Law apply. The contractor is obliged to indicate in the Offer and in the JEDZ the part of the contract (in % or material scope), the execution of which it intends to entrust to subcontractors, as well as the names of any potential subcontractors, if they are already known. The lack of a contractor's declaration in this regard will mean that the contractor intends to implement the entire contract independently. The contractor is responsible for the actions, omissions, and negligence of the subcontractor, as for his own actions. 6. The contract is co-financed under the National Reconstruction Programme and the European Funds for Kujaw and Pomorze 2021-2027 Programme. 7. The contracting authority reserves the right to limit the subject of the contract in terms of scope and finance during its implementation (reduce the scope of the contract) by a maximum of 20% of the gross contract value. This means that the minimum guaranteed value of the services provided by the parties (the guaranteed part of the contract) will be no less than 80% of the total gross remuneration indicated in the contract. The scope limitation may occur on the terms specified in the draft contract terms (Annex No. 1 to the SWZ). In the event of a limitation of the contract scope, the contractor is entitled to remuneration only for the construction works actually and properly performed, and the contractor waives all claims arising from the non-performance of the remaining part of the contract. 8. The contracting authority does not provide for the possibility of using the option referred to in art. 441 para. 1 of the Public Procurement Law. 9. The contracting authority does not provide for the awarding of contracts referred to in art. 214 para. 1 point 7 of the Public Procurement Law. 10. The contracting authority does not allow for the submission of partial offers. The contracting authority does not divide the contract into parts. Justification for not dividing the contract into parts: The implementation of the investment project requires implementation within a single task due to the need to ensure close cooperation and inter-sectoral coordination. Including individual stages of the investment within a single task will ensure efficient implementation of construction works and limit inconveniences and nuisances for the environment in connection with the implementation of this investment. The construction of cycling infrastructure within a single contract eliminates problems related to communication between entities and errors resulting from the transfer of materials necessary for the implementation of the subject of the contract. The lack of division into parts does not limit access to the contract for contractors from the SME sector. 11. In accordance with the provisions of the Act of 14 June 2024 on the protection of whistleblowers, the contracting authority has implemented a procedure for reporting legal violations and taking follow-up actions, which is described in the Order No. 20/2024 of the Director of ZDMiKP in Bydgoszcz of 18 September 2024 with annexes available in the Public Information Bulletin of the Municipal Roads and Public Transport Authority in Bydgoszcz https://bip.zdmikp.bydgoszcz.pl/index.php/procedura-zgloszen-w-zdmikp 12. The contracting authority provides for the selection of the most advantageous offer with the use of an electronic auction, as referred to in art. 227-238 of the Public Procurement Law (detailed conditions and the manner of conducting the auction are included in Anne