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 "Reconstruction and change of 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, a canopy for waste, fencing, ground paving, a vehicle scale, an external filter, an 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 a technical design (TD) and an 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 a competitive dialogue procedure based on Article 170 in conjunction with Article 153, points 3) and 4) of the Act. The detailed technical and functional scope of the Contract will be specified during 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 Buyer (DNRQ) - 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 listed documents are binding for the Contractor. The Contractor is obliged to execute the Contract in accordance with the generally applicable law, the environmental decision, the final building permit decision together with the approved PAB and PZT, DNRQ / DNQ, the Agreement, and the 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 together with the approved PAB and PZT, and the purpose and requirements specified in the DNRQ / DNQ. For the purposes 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 together with the approved PAB and PZT; 3) DNRQ / DNQ together with annexes; 4) the draft Agreement - in the scope of provisions regarding the method of implementation, acceptance, liability, deadlines, payments, warranties, guarantees, liquidated damages, 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 results 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 PZP provisions are met.

From the scope of implementation, the power generation system (cogeneration) is excluded, 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. In the scope of implementation, the recovery of heat from flue gases is retained, implemented by a heat recovery boiler together with a heat transfer system to the 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 Contractor presents the qualification of this deviation as significant or non-significant (Article 36a, paragraph 5 of the PB) at the FEED stage (point 2.1, lit. c, Stage Ia), and its consideration takes place in accordance with 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 value of the steam, not less than 2.0 MPa, which the environmental decision links to 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.