37/2010 - Information on the conclusion of a significant contract
The Management Board of Trakcja Polska S.A. (“Company”) hereby announces that, on 30 July November 2010, Przedsiębiorstwo Robót Kolejowych i Inżynieryjnych S.A., with its registered office in Wrocław (“PRKiI”), a subsidiary of the Company, as the Proxy of the consortium consisting of:
1. Przedsiębiorstwo Robót Kolejowych i Inżynieryjnych S.A., with its registered office in Wrocław – Proxy of the consortium;
2. Jan Paruch, registered under the number 478 in the register of business activities at the Mściwojów Municipal Council;
Zenon Buca, registered under the number 4280 in the register of business activities at the Jawor Municipal Council;
Sławomir Paruch, registered under the number 512 in the register of business activities at the Mściwojów Municipal Council;
managing: Przedsiębiorstwo Budownictwa Kolejowego i Inżynieryjnego “INFRAKOL” s.c., ul. Rapackiego 14, 59-400 Jawor – Consortium Partner
3. Przedsiębiorstwo Napraw i Utrzymania Infrastruktury Kolejowej w Krakowie sp. z o.o., with its registered office in Krakow – Consortium Partner;
(hereinafter, jointly the “Contractor”)
concluded a Contract with PKP Polskie Linie Kolejowe S.A., with its registered office in Warsaw (hereinafter “Contracting Authority”), within the framework of the task:Modernisation of the E30 railway line, stage II, Zabrze–Katowice–Kraków section, Tender no. 1 – Modernisation of the sections: Jaworzno Szczakowa–Trzebinia (km 15.810–29.110 of line no. 133), Jaworzno Szczakowa–Sosnowiec Jęzor (km 0.000–6.847 of line no. 134) (hereinafter: “Contract”).
Contract Value:
Total net Contract value:PLN 299,963,650.00 (two hundred and ninety-nine million, nine hundred and sixty-three thousand, six hundred and fifty and 00/100 zlotys).
Total gross Contract value:PLN 365,955,653.00 (in words: three hundred and sixty-five million, nine hundred and fifty-five thousand, six hundred and fifty-three and 00/100 zlotys).
Contract value attributable to PRKiI: approximately 65%.
Subject of the Contract:
According to the Contract, the Contractor shall perform discipline-specific works related to the modernisation of the E30 railway line, stage II, Zabrze–Katowice–Kraków section: modernisation of the sections: Jaworzno Szczakowa–Trzebinia (km 15.810–29.110 of line no. 133), Jaworzno Szczakowa–Sosnowiec Jęzor (km 0.000–6.847 of line no. 134).
Timing of Contract Performance:
40 months from the date of the start of works (in accordance with the Contract).
Period of warranty for defects
1 year
Liquidated damages:
The Contractor shall pay the Contracting Authority liquidated damages in the following cases and at the following amounts:
- The Contracting Party shall charge contractual penalties for the late completion of the contract at the amount of 0.05% of the gross Contract value per day of delay.
- The Contractor shall pay liquidated damages of 1% of the total gross price for the presentation of untrue information on the qualifications of the management staff.
- The Contractor shall pay the Contracting Authority liquidated damages in accordance with the notes issued by the respective branch.
The Contractor shall also cover the costs of:
- train delays arising for reasons for which the Contractor is responsible, caused by the extension of the planned duration of the track closures and the unplanned occupation of the tracks during the works;
- the introduction of substitute bus transport;
- the use of locomotives for pulling trains;
The costs of train delays shall be settled against notes issued by the respective branch. The costs of the instruction of substitute bus transportation or the use of locomotives for pulling trains shall be settled against invoices presented by the carriers.
- Maximum amount of liquidated damages – 10 % of the gross Contract value.
The value of the above Contract attributable to PRKiI 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, as amended).
Legal grounds:§ 5(1)(3) of the Regulation of the Minister of Finance of 19 February 2009 on current and regular information published by issuers of securities and the conditions for accepting information required by the provisions of the law of a state which is not a Member State as being equivalent.
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