31/01/2013 20:14
7/2013 – Information on concluding a material contract
The Management Board of Trakcja S.A. (“Company”, “Customer”) hereby informs that on 30 January 2013 the Company concluded a material contract (“Contract”) with its subsidiary – Przedsiębiorstwo Robót Kolejowych i Inżynieryjnych S.A. (“PRKiI”). The works covered by the Contract are related to a contract concluded with with PKP PLK S.A. on 27 May 2011 by a consortium of companies, in which the Company participates and acts as the consortium’s proxy (hereinafter: „Head Contract”), of which the Company informed with current report no. 35/2011. Moreover, the conclusion of the Contract is related to the withdrawal from the final contract concluded by the Company on 22 September 2011with Przedsiębiorstwo Napraw Infrastruktury Sp. z o.o. with its registered office in Warsaw (Contract with PNI), of which the Company informed in current reports no. 49/2012 and no. 58/2012.
Value of the Contract:
The total initial net value of the Contract constituting the remuneration of PRKiI amounts to: PLN 118,365,805.51 (in words: one hundred eighteen million three hundred sixty five thousand eight hundred and five 51/100 zlotys).
Object of the Contract:
Under the Agreement, PRKiI will perform track surface works for the modernisation of line no. 9 on the section from km 236.920 to km 287.700, covered by the Local Control Center with its registered office in Malbork, as part of Project: No. POIiŚ (OPIE) 7.1-1.3 “Modernisation of railway line no. E65/ CE65 at section Warsaw – Gdynia – LCS Iława area, LCS Malbork”, performed by the Customer on the basis of the Head Contract.
Term of the Contract:
The works are to be completed within the deadline specified in the Head Contract.
Contractual indemnity:
PRKiI shall pay to the Customer contractual indemnity for delay in the following situations and in the following amounts:
1. 0.05% of the gross remuneration for each started day of delay in the performance of the object of the Contract, if such a penalty is calculated by PKP PLK S.A. under the Head Contract;
2. 0.05% of the gross remuneration for each started day of delay in the commencement of the removal of defects or in the removal itself, if such a penalty is calculated by PKP PLK S.A. under the Head Contract;
3. 10% of the gross remuneration for withdrawal from the Contract by one of the parties for reasons attributable to PRKiI.
The Customer has the right to claim compensation according to the general rules in excess of the contractual penalties if the damage suffered by the Customer exceeds the amount of penalties stipulated in favour of the Customer in the Contract.
Other terms and conditions of the Contract:
The remaining terms and conditions of the Contract are similar to those commonly used for these type of agreements.
Criteria for classifying the Contract as a material contract:
The value of the Contract exceeds 10% of the Company’s equity.
Total value of the contracts concluded between the Company and PRKiI:
The value of this Contract along with the other contracts concluded between the Company and PRKiI within the last 12 months is PLN 124,819,797.51.
This Contract is the highest value contract from among the contracts concluded between the Company and PRKiI within the last 12 months.
Legal basis: § 5 paragraph 1 point 3 of the Ordinance of the Minister of Finance of 19 February 2009 on current and periodic information published by issuers of securities and conditions for recognising as equivalent information required by the laws of a non-member state.
