Aktueller Bericht Nr. 43 / 2010

Information about the selection of the offer by Budimex S.A. – Modification/Modernisation of the Okęcie Airport runway in Warsaw

The Management Board of Budimex S.A. hereby reports that on 17 May 2010 it received information that on 14 May 2010 it received information from the Przedsiembiorstwo Państwowe "Porty Lotnicze" with its registered office in Warsaw on the selection of the offer by the consortium of Budimex S.A. (leader) and Ferrovial Agroman S.A. as the most favourable offer in the proceedings concerning the public procurement procedure carried out by a limited tender procedure known as "Modification/Modernisation of the DS-1 runway, taxiways, security road and fire access road at the  Warsaw Fryderyk Chopin Airport".
Contract value: PLN 73,459,823.77 net

• Commencement date: handover of the building site will take place 14 days from the date of concluding the contract
• Deadline: up to 14 months from the date of building site handover
• Guarantee period: 36 months
• Financial conditions:
  • Payment – 21 days after the Contracting Authority has received a VAT invoice
  • Bank guarantee of successful execution – 10% of the gross contract price
• Contractual penalties paid by the Contractor:
  • 1. For delay in performance of the subject of the contract for reasons involving the Contractor 0.1% of the net contractual remuneration - for each day of delay not exceeding 10% of the net contractual remuneration;
  • 2. For delay in remedying defects found in the course of the acceptance or disclosed during the warranty and guarantee period – 0.5% of the net contractual remuneration for each day of the delay, counting from the expiry of the deadline specified for remedying the defects;
  • 3. In the case of withdrawing from the Contract for reasons attributable to the Contractor – 10% of the net contractual remuneration;
  • 4. In the case of breaching the deadlines for the completion of works at the crossroads of the starting roads, penalties will be calculated in accordance with an hourly rate of PLN 100 thousand per each hour of delay. In the case of incomplete hours the penalty will be calculated proportionally to the duration of the delay.
• Penalties paid by the Contracting Authority:
  • 1. In the case of withdrawal from the Contract for reasons involving the Contracting Authority - 10% of the sum being the difference between the net contractual remuneration and the net sum paid to the Contractor on behalf of realisation of the Contract until the day of withdrawal.
• The Contracting Authority reserves the right to seek compensation for damage in line with the general principles specified in the Civil Code, in particular for damage incurred by third parties, for which the Contracting Authority has been burdened due to delay in the completion of works by the Contractor.

The contract value exceeds 10% of the equity of Budimex S.A.