9/2010 - Information on the conclusion of a significant contract
The Management Board of Trakcja Polska S.A. (the “Company”) hereby announces that, on 31 May 2010, the Company, as the leader of the “Trakcja Polska Consortium” (“Consortium”), consisting of:
1. Trakcja Polska S.A.
ul. Złota 59, XVIII p., 00-120 Warsaw – Proxy (Consortium Leader);
2. Przedsiębiorstwo Robót Kolejowych i Inżynieryjnych S.A.
ul. Kniaziewicza 19, 50-950 Wrocław (Consortium Partner);
3. Przedsiębiorstwo Robót Komunikacyjnych w Krakowie S.A.
ul. Czapińskiego 3, 30-048 Krakow (Consortium Partner);
4. EIFFAGE CONSTRUCTION CESKA REPUBLIKA s.r.o.,
Francouzska 6167, Ostrava – Poruba, 708 00, authorised to conduct business on the territory of the Republic of Poland through its branch:
EIFFAGE CONSTRUCTION CESKA REPUBLIKA spółka z ograniczoną odpowiedzialnością Branch in Poland,
ul. Górczewska 212/226, 01-460 Warsaw (Consortium Partner);
5. ZUE S.A.
ul. Jugowicka 6A, 30-443 Krakow (Consortium Partner);
6. Przedsiębiorstwo Napraw i Utrzymania Infrastruktury Kolejowej w Krakowie sp. z o.o.
ul. Prokocimska 4, 30-556 Krakow (Consortium Partner);
7. Zakład Robót Komunikacyjnych – DOM w Poznaniu sp. z o.o.
ul. Prokocimska 4, 60-715 Krakow (Consortium Partner);
(referred to jointly as the “Contractor”),
concluded a contract, as a result of the proceedings conducted in the procedure of an unlimited tender, with:
PKP Polskie Linie Kolejowe S.A., with its registered office in Warsaw, ul. Targowa 74, 03-734 Warsaw (“Contracting Authority”);
for the fulfilment of the order for:
The performance of construction works for the comprehensive modernisation of the stations and routes in the area of LCS Działdowo, within the framework of the E&I OP 7.1-41 project:
“Modernisation of the E65/C-E65 railway line, Warsaw – Gdynia section – area of LCS Działdowo”
Net contract value:PLN 781,123,909.43 (seven hundred and eighty-one million, one hundred and twenty-three thousand, nine hundred and nine zlotys and forty-three groszys)
Gross contract value:PLN 952,971,169.50 (nine hundred and fifty-two million, nine hundred and seventy-one thousand, one hundred and sixty-nine zlotys and fifty groszys)
Deadline for the completion of the works:20 months from the date of the start of works in accordance with the terms and conditions of the contract.
Security for the performance of the contract:
The Contractor shall provide a performance bond on the agreement for a value of 10% of the gross price. 70% of the value of the security shall be released within 30 days of the date of receipt of an appropriate certificate of acceptance of the works. The remaining amount of 30% of the security shall remain as security of claims arising during the defect reporting period and shall be returned no later than within 15 days of the end of this period, on condition that all defects are repaired and confirmed with appropriate certificates of completion.
Payment terms:
Settlements for the fulfilment of the subject of the contract shall be made with interim invoices against interim payment certificates within 30 business days of the date of receipt by the Contracting Authority of correctly issued invoices, interim payment certificates and acceptance protocols.
The last invoice for the fulfilment of the subject of the contract shall be paid against a final payment certificate within 30 business days of the date of receipt by the Contracting Authority of a correctly issued invoice, final payment certificate and acceptance protocols.
Payments shall be made in Polish zlotys.
Advance:
The Contracting Authority shall make an advance payment for starting work when the Contractor presents a guarantee for the refund of the advance. The Contractor shall obtain the Contracting Authority’s acceptance of the wording of the guarantee before its submission. The total amount of advance payments shall not exceed 10% of the gross contract value.
Liquidated damages:
The Contractor shall pay the Contracting Authority liquidated damages at the amount of 0.05 % of the gross contract value for every day of delay in the performance of the contract.
Contractual compensation for a delay in making the construction site available – 0.05 % of the total gross value per day.
The Contractor shall pay compensation to the Contracting Authority for exceeding the period of track closures with respect to the detailed track closure schedule. The Contractor shall cover the costs of:
- train delays arising for reasons for which it is responsible, caused by the extension of the time planned for the closure of the tracks, late reporting of planned track closures, which prevent the agreement of the train timetable prepared for the duration of the works with the carriers, the late occupation of active tracks during the infrastructural works, the introduction of speed restrictions after the completion of the works other than those set temporarily during the works;
- the introduction of substitute bus transport;
- the use of locomotives for pulling trains;
The costs arising from train delays shall be charged according to notes presented by the carriers, while the costs of introducing substitute bus transport and the use of locomotives for pulling trains shall be charged according to the invoices presented by the carriers.
Maximum amount of liquidated damages – 10% of the total gross price.
The value of the above Contract is greater than 10% of Trakcja Polska S.A.’s equity and therefore constitutes a significant contract, as defined by § 2(1)(44) of the Regulation of the Minister of Finance of 19 February 2009 on current and periodic information submitted by issuers of securities and conditions for acknowledging the information required by the provisions of the law of a non-member state as being equivalent (Journal of Laws No. 23, item 259).
Legal grounds:Article 56(1)(2) of the Act on Public Offering and the Conditions for the Introduction of Financial Instruments into an Organised Trading System and Listed Companies of 29 July 2005 (Journal of Laws No. 184, item 1539, as amended).
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