Construction of a skatepark with accompanying infrastructure in Stare Juchy

… subject-matter of the contract within the meaning of Article 103 of the Public Procurement Law. The building permit decision attached as Annex 7.16 to the ToR remains valid. 3. The design documentation or technical specifications for the execution and acceptance of works may indicate, for certain materials, products, items of equipment or devices, trademarks or origin. The Contracting Authority shall allow the offer of materials, products, items of equipment or devices equivalent to those indicated in the design documentation or technical specifications for the execution and acceptance of works, provided that they guarantee the performance of the subject-matter of the contract in accordance with the decisions obtained, ensure the achievement of parameters at least at the same level as assumed in the design documentation or technical specifications for the execution and acceptance of works and are not inferior in terms of: 1) functional character understood as the identity of functions, 2) technical parameters understood as strength and durability, 3) safety parameters of use. 4. Whenever the contracting authority refers in the tender specifications to standards, European technical assessments, technical specifications and technical reference systems, solutions equivalent to those described shall be accepted and the words ‘or equivalent’ shall apply. 5. All materials and products used during the execution of the subject of the contract must be new and meet the requirements of markings and conformity assessment listed in the Act of 16 April 2004 on construction products (Journal of Laws No. Journal of Laws 2021, item 1213). 6. Equipment and items of equipment supplied by the contractor as part of the performance of the contract must be brand new, free from technical defects, released for free circulation and use, in accordance with the requirements set out in the tender specifications. 7. The Contractor will be obliged to maintain order and care during the performance of the subject of the contract and after its completion, therefore he will have to make every effort to protect against destruction, dirt or damage to fixed, movable elements, all equipment of the Ordering Party in the area of construction works. 8. The Contractor is obliged to perform the contract in accordance with the principles of modern knowledge, applicable regulations, standards and with respect for the principles of health and safety at work. 9. In the event of discrepancies, contradictions or inconsistencies between the provisions of the ToR and the draft provisions of the contract and the content of the other annexes to the ToR, the following order of priority of documents shall apply: 1) ITS and draft provisions of the contract, 2) other annexes to the ITS, including design documentation and technical specifications for the execution and acceptance of works.