Construction and redevelopment of sewage system in the catchment area of Gigablok sewage treatment plant in Katowice
Report No:42/2010
Legal basis:Art. 56 section 1 item 2 of the Act on Public Offering – current and interim information
Signatures:Marek Sobiecki, 2nd Vice-President of the Management Board of P.R.I. „POL-AQUA” S.A.
Robert Molo, a Member of the Management Board P.R.I. „POL-AQUA” S.A.

The Management Board of Przedsiębiorstwo Robót Inżynieryjnych “POL-AQUA” Spółka Akcyjna (the Company), informs that the Company and the Katowicka Infrastruktura Wodociągowo Kanalizacyjna Sp. z o.o. (the Contracting Authority) concluded a master agreement today for the construction and redevelopment of the selected sections of the sewage system in the catchment area of Gigablok sewage treatment plant in Katowice (the Agreement or Contract).

The completion of the project planned by the Contracting Authority was divided into 9 parts that constituted separate tenders entered by the Company. The object of the Agreement is the completion of the part numbers from 3 to 9 that apply to the following:

Part no. 3 project V - area of Ścigały, Nadgórnik, Kopalniana, Markiefki, and Katowicka streets; Project VI – area of Morawska, Wrocławska, and Nowotarska streets for the total amount of PLN 10 944 897.64 gross.

Part no. 4 project VII - area of Wiertnicza, under and at Al. Roździeńskiego for the total amount of PLN 3 780 588.56 gross.

Part no. 5 project XI – area of Hałubki and Waleriana streets; Project XII – area of 1-go Maja street from the flyover at Murckowska to Marcinkowskiego street; Project XIII – area of 1-go Maja and Bogucicka streets; Projekt XV – area of Graniczna street for the total amount of PLN 14 019 385.02 gross.

Part no. 6 project XIX – area of Raciborska and Kozielska streets for the total amount of PLN 8 027 613.37 gross.

Part no. 7 project XXII – area of W. Pola and Rycerska streets; Project XXV – along Gliwicka street at crossroads with Wiśniowa; Project XXX – area of Chodnikowa, Bocheńskiego, Ścianowa and Wyciągowo streets, area of "Dobra Nadzieja" allotment complex for the total amount of PLN 3 138 106.31 gross.

Part no. 8 project XXVI – area of Kossutha street; Project XXVIII – area of Rataja, Ossowskiego, Kolońska, Upadowa and Kochłowickiej streets; Project XXIX – area of Witosa, Kwiatkowskiego, Barlickiego, Rataja, Bardowskiego and Mościckiego streets, pl. Św. Herberta for the total amount of PLN 19 080 421.85 gross.

Part no. 9 project XXVII – area of Pośpiecha and Gliwicka streets; Project XXXI – area of Żeliwna and Pukowca streets; Project XXXII – area of Załęska Hałda for the total amount of PLN 14 635 683.47 gross.

The total cost of individual parts of tasks is PLN 73 626 696.22 gross inclusive of VAT: PLN 13 276 945.22 and exceeds 10% of the value of the equity capital of the Issuer (the requirement for the agreement to be conclusive).

The Works that constitute the object of the Contract shall be performed in coformance with applicable Terms and Conditions of the Contract for the construction that apply to the engineering-construction planned by the Contracting Authority, first English ediiton 1999, prepared and published by FIDIC, fourth English-Polish edition 2008.

The periods for the completion of the works inclusive of the period necessary to obtain occupancy by the Contracting Authority are as follows:

- part no. 3 - 16 months

- part no. 4 - 16 months

- part no. 5 - 23 months

- part no. 6 - 19 months

- part no. 7 - 11 months

- part no. 8 - 27 months

- part no. 9 - 28 months

In case of delay in carrying out of the object of the acceptance, the Contracting Authority is entitled to a contractual penalty in the amount of 0.1% of the agreed contractual value. The maximum value of contractual penalties deducted for delay cannot exceed 10% of the value of the contract. Should the contractual penalties be insufficient to cover the loss, the Contracting Authority is entitled to claim damages per the general rules stated in the Civil Code.

The works are covered by a 12-month warranty starting from the date of issue of the Taking-Over Certificate for the works or for the individual parts, whichever the case may be.

The Quality warranty for the works, including the acceptance of the specific sections starts on the date of issue of Work completion certificate and lasts 36 months.

The Contracting Authority will be entitled to withdraw from the contract if the Company does not conform with the accepted progress of works and if the delay is minimum 10% compared to the schedule. The remaining terms and conditions for the withdrawal from the contract by the Contracting Authority are similar to the standard contractual terms and conditions included in the FIDIC mentioned above.

Regardless of the above in the case circumstances change significantly, which makes the Contract is not in the public interest any more, which was impossible to predict at the moment of concluding the Contract, the Ordering Part may withdraw from the Contract within 30 days from receiving information about these circumstances. In case of such method of withdrawal from Contract by the Contracting Authority, the Company will be obly entitled to request payment for the completion of a part of the Contract .

POLAQUA Mostostal Wyroby betonowe TECO