Current report no 43 / 2017

Execution of works for the modernization of the railway line No 7 along the Otwock- Pilawa section – signing the contract by the consortium of Budimex Construction Sp. o.o. and Ferrovial Agroman SA

The Management Board of Budimex SA announces that on 5 June 2017 the consortium of BUDIMEX BUDOWNICTWO Sp. z o.o. (a wholly owned subsidiary of Budimex SA) – the leader of the consortium with the share of 95% and FERROVIAL AGROMAN S.A. – the consortium partner with the share of 5%, signed the contract for the execution of the works on the railway line No 7 Warszawa Wschodnia Osobowa – Dorhusk, along the section Warszawa – Otwock Dęblin – Lublin, section Otwock – Lublin in km 26.050 - km 175.850, under the Operational Programme Infrastructure and Environment 5.1-11 “Works on the railway line No 7 Warszawa Wschodnia Osobowa – Dorhusk, along the section Warszawa – Otwock - Dęblin – Lublin, Phase I” – in the scope of a partial order A - modernization of the railway No 7 along the Otwock-Lublin section”. The Company announced that the Employer chose the consortium bid as the most advantageous one in the current report No 14/2017 of 13 March 2017.    

According to the concluded contract:   

Contract value: PLN 389,623,693.02 net.

Works commencement date: within 4 months from the signing of the contract.

Works completion date: 34 months from the works commencement date.

Guarantee period: 72 months.

Warranty period: 72 months.

Advance payment: 10% of the Gross Contract Value.  

Payment: within 30 days from the date of receipt by the Employer of a valid invoice in accordance with the annexed Interim Payment Certificate and acceptance certificates.  

Bank performance bond: 10% of the Accepted Gross Contract Value.  

Contractual penalties paid by the Contractor:

- For failure to timely execute a determined Phase for each day of delay: 0.02% of the value of Works covered by the Phase (instead of the penalty, the Contractor may submit a Bank Guarantee and in the case of completing the whole Project on time, the penalty may be annulled);

- For failure to submit and/or commencing Works without the Quality Assurance Programme on time and within the scope - in the amount of PLN 5,000.00 for each day of delay;

- For failure to submit a Progress Report for the works: PLN 2,000 for each day of the delay;

- For commencing the works without the approved Quality Assurance Programme, the Temporary Traffic Organisation Plan: PLN 5,000 for each day of irregularity;

- For commencing the works without the approved Temporary Traffic Organisation Regulations or for conducting the work contrary to the Regulations: PLN 5,000 for each day of irregularity;

- For failure to safeguard the work site in compliance with the guidelines: PLN 10,000 for each day of irregularity;

- For failure to submit the Time Schedule, for the lack of the update of the Time Schedule, for failure to include the Engineer’s comments: PLN 5,000 for each day of the delay;

- For failure to keep the deadline to rectify defects specified in the Work Acceptance Certificate: 1% of the gross value of the individual works which the fault pertains to for each day of delay;

- For failure to keep the deadline to rectify a fault/defect during the fault reporting period within a deadline set forth by the Ordering Party: PLN 1,000 for each commenced hour of the delay;

- For the default in submitting the Insurance Policy document or proof of premium payment: PLN 40,000 for each day of the delay;

- For the need to use the replacement signals following to the extension of the works due to the contractor’s fault: PLN 10,000 for each day;

- For commissioning works with unapproved subcontractors or for failure to submit the subcontractor’s agreement draft to the Employer for approval thereof: PLN 20,000 for each instance;

- For failure to timely submit the copy of the subcontracting agreement or its amendment or for submitting a Subcontractor’s Agreement that is not in conformity with the provisions: PLN 10,000 for each day of delay;

- For failure to amend the payment deadlines in the subcontractor’s agreements: PLN 10,000 for each such instance;

- For the absence or for the untimely payment to the Subcontractors: PLN 25,000 for each instance;

- If the Employer founds that works are performed in a way that endangers human life or health or if the Contractor or persons working on its behalf grossly violate the Occupational Health and Safety, fire protection regulations provided for in the applicable laws as well as for failure to observe provisions of the Contract pertaining thereto: in the amount established according to the “Tariff” constituting Appendix No. 5 to the Ibh-105 Instructions: from PLN 10 to 30 thousand;

- For withdrawal from the Contract by the Employer out of reasons attributable to the Contractor: 30% of the Accepted Contract Value less the value of Conditional Amount and the replacement transport costs. 

The total value of calculated penalties shall not exceed 30% of the Accepted Contract Value less the Conditional Amount and replacement transport costs specified in the Works Bill of Quantities.

Contractual penalties do not prejudice the Ordering Party’s right to seek damages exceeding liquidated damages provided for in the contract, in accordance with general principles, including those resulting from the loss of EU funding, if the loss of this funding was for reasons attributable to the Contractor.  

The value of the contract exceeds the threshold of PLN 111,446 thousand.