Current report no 30 / 2011

Construction of the S-17 expressway in the section between the Bogucin and the Dąbrowica interchanges – information on the selection of the offer by the consortium of Budimex SA and Ferrovial Agroman SA

The Management Board of Budimex SA hereby reports that on 18 April 2011 it received from the Lublin Division of the General Directorate for National Roads and Motorways a notification on the selection of the offer by the consortium of Budimex SA (leader) and Ferrovial Agroman SA as the most favourable offer in the proceedings concerning the public procurement procedure carried out by a limited tender procedure for the "Construction of the S-17 express road in the Kurów–Lublin–Piaski section, task No. 2: the section between the Bogucin interchange and the Dąbrowica interchange together with the interchange itself, task No. 2a: construction of a GP class national road in the section between the Dąbrowica interchange and the administrative border of the city of Lublin".

• Value of the offer: PLN 337,497,082.21 net.
• Commencement date: no later than 30 days from the date of concluding the contract.
• Completion date: 24 months from the date of concluding the contract. This period covers: the time from the date of concluding the contract to the issuing of the written order for the commencement of works (1 month), the period of carrying out the works as understood by the FIDIC (22 months) and the inspection of acceptance documentation and the acceptance of works (1 month). The period of the procurement covers wintertime as well.
• Guarantee period: 60 months from the date of issuing the take-over certificate.
• Financial terms and conditions:
  • Payment: 30 days from the date of submitting the invoice to the Contracting Authority.
  • Bank guarantee of successful execution – 5% of the gross contract value.
• Penalties paid by the Contractor:
  • For exceeding the deadline for the completion of works – 0.01% of the gross contractual amount per each day of delay.
  • For withdrawal from the contract for reasons attributable to the Contractor – 10% of the gross contractual amount.
  • For failure to perform the required minimum performance on time – 0.01% of the gross contractual amount per each day of delay.
  • For failure to meet the deadline for clearing up the construction site - 0.01% of the gross contractual amount per each day of delay.
  • For exceeding the deadline to remove defects and to perform minor overdue works specified in the take-over certificate or later, within the period of warranty for failures, by the date specified by the Engineer/Contracting Authority – 0.01% of the gross contractual amount per each day of delay.
• Penalties paid by the Contracting Authority:
  • The Contracting Authority will pay a contractual penalty of 10% of the gross contractual amount to the Contractor for withdrawal from the contract for reasons attributable to the Contracting Authority. The penalty shall not be binding whenever the contract is renounced on grounds referred to in Sub-clause 15.2 and in Article 145 of the Public Procurement Act.
• The parties are entitled to claim supplementary compensation which adapts the amount of contractual penalties to the amount of damage actually suffered.

The value of the offer exceeds 10% of the equity of Budimex SA.