Budimex.pl

Current report no 73 / 2016

Date: November 24, 2016 3:44 PM

The contract for construction of the Trasa Niepodległości in Białystok (stage 2: construction of the Aleja Niepodległości in Białystok within the lane of the provincial road No. 669) signed.

The Management Board of Budimex S.A. has the pleasure to inform that on 24 November 2016 the contract was signed with the City Hall in Białystok for construction of the Trasa Niepodległości in Białystok (stage 2: construction of the Aleja Niepodległości in Białystok within the lane of the provincial road No. 669, section from Narodowych Sił Zbrojnych street to Aleja I. J. Paderewskiego, including construction and reconstruction of technical infrastructure). We have announced that our company’s bid had been selected as the best bid in our current report No. 63/2016 of 28 September 2016.

Bid value: PLN 140,763,944.92 net.

Works commencement date: 10 days from the notification of readiness to take over the given stage, according to the schedule presented by the Contractor and accepted by the Ordering Party.

Date of the hand-over of construction site: 30 days from the contract date.

Works completion date: 21 months as of the construction site hand-over.

Guarantee periods: 7 years of guarantee from the date on which the Ordering Party and the Contractor signed the final acceptance protocol.

Financial terms and conditions:

Advance payment: none

Payment: 30 days from the receipt of a VAT invoice by the Ordering Party. Partial settlement as based on the invoices issued on a monthly basis. Final invoice for 10% of the value of the contract.

Bank performance bond: 5% of the accepted gross contract amount.

Penalties payable by the contractor:

0.1% of gross remuneration for each day of delay for two weeks, 0.2% of gross remuneration for each day of delay of more than 2 weeks but less than 2 months, 0.5% of gross remuneration for each day of delay for more than 2 months;

0.2% of gross remuneration for each day of delay in removing the defects found during the partial of final acceptance process or identified during warranty inspections;

10% of gross remuneration for the Contractor’s or the Ordering Party’s withdrawal from the contract due to reasons attributable to the Contractor;

10% of gross remuneration for non-performance or improper performance of the contract, other than those referred to above, including: (a) unjustified discontinuance of performing works specified in the contract lasting more than 20 days; (b) unjustified non-commencement of works specified in the contract within 20 days from the date of handing-over of the construction site;

PLN 5,000 gross for each day of delay in submitting the insurance documents;

1% of gross remuneration for each case of failure to pay or untimely payment of remuneration payable to Subcontractors or their Subcontractors;

2% of gross remuneration for each case of failure to submit the draft of the subcontract to be accepted, the subject matter of which are construction works, or the draft of such amendments;

0.01% of the gross remuneration for each case of failure to submit the Subcontractor’s invoice within the period specified in Art. 6 para. 2 item 1;

PLN 5,000 gross for each day of delay in submitting the draft of the subcontract or a certified true copy of the subcontract or its amendment;

2% of gross remuneration for each case of failure to introduce amendments to the subcontract regarding the term of payment;

PLN 30,000.00 gross for letting the subcontractor enter the construction site before the subcontract or its draft was presented to the Ordering Party, except when letting the subcontractor enter the construction site was caused by the need for an immediate action to prevent a disaster or to avoid losses;

PLN 5,000.00 gross for each device sited improperly in case of exceeding the tolerances for siting cast-iron manhole of wells, drains, cabinets, valves or other such devices, which should be made with an accuracy of +/- 2 mm compared to the carriageway vertical alignment;

5% of gross contractual remuneration for the lack of participation in performing the contract of a third party, whose resources the Contractor referred to, in accordance with the principles set out in Art. 26 para. 2b of the Public Procurement Law, in order to demonstrate compliance with the conditions for participation in the tender procedure.

Maximum penalties payable by the Ordering Party:

10% of the accepted gross Contract amount in case of withdrawal from the Contract due to reasons attributable to the Ordering Party.

 

The Ordering Party shall reserve the right to terminate the contract with an immediate effect if the sum of contractual penalties exceeds 20% of the gross contractual amount. Parties allow for the possibility to claim compensation to the amount of damage actually suffered.

 

The value of the contract signed with the Białystok City Hall exceeds the threshold of PLN 102,680 thousand.

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