G-Energy S.A.: Aneks i rozszerzająca umowa podwykonawcza z PGNiG Technologie SA (2024-01-12)

Annex and Conclusion of an Extending Subcontracting Agreement with PGNiG Technologie S.A. based in Krosno.
The Management Board of G-Energy S.A. with its registered office in Warsaw (hereinafter: the Issuer, G-Energy) announces to the public that today it has received a signed Subcontracting Agreement extending the scope of work performed between the Issuer and PGNiG Technologie S.A. based in Krosno (hereinafter: PGNiG Technologie) regarding the task entitled "Design and construction of the technological infrastructure of the gas network along with auxiliary installations and management, as well as connections to the infrastructure of the plant at the Kawęczyn Heat Plant.
The subject of the Agreement is the extension of the comprehensive execution by the Contractor of design works in all industries for the Investment and the comprehensive execution, in particular, the execution of all Works resulting directly and indirectly from the Scope of Work, the comprehensive execution by the Issuer of technological works of the reduction and measurement station with DN300, DN500 transmission pipelines, cathodic protection, thermal insulation and sanitary facilities at the Kawęczyn Heating Plant resulting directly and indirectly from the Scope of Work constituting an annex to the Agreement, including in particular: a) preparation of complete quality documentation for the scope of the completed installation, b) preparation of complete as-built documentation, c) construction of Auxiliary Installations, d) carrying out Commissioning and launching the Investment in the scope related to the Subject of the Agreement, e) ensuring compliance with the Guaranteed Technical Parameters, providing a quality guarantee and fulfilling obligations under the warranty and guarantee for the completed Investment, f) conducting training for the Investor's staff.
The contract is carried out in the "turnkey" formula by the Ordering Party for PGNiG Termika S.A. in Warsaw. The "turnkey" formula means comprehensive performance by the Contractor of the Works in order to perform the Agreement and ensure the functioning of the Agreement in accordance with the terms resulting from the Agreement.
The Issuer is obliged to take over the Site of Works from the Employer within 7 days from the date of receipt from the Employer of the declaration of readiness to hand over the Site.
The parties undertook to cooperate in the implementation of the Agreement to the extent enabling the effective performance of the obligations of each of the Parties. PGNiG Technologie and G-Energy have announced that they will cooperate on an exclusive basis, which results from the signed Cooperation Agreement on the signing of which the Issuer informed in rb. ESPI 32/2019 of June 27, 2019.
The Issuer continues the implementation of the Agreement immediately to meet the deadline for the implementation of the Agreement set for June 28, 2024, taking into account the dates detailed in the Agreement Implementation Schedule.
The Annexed Remuneration due to G-Energy from PGNiG Technologie for the implementation of the Scope of Works by G-Energy will amount to net PLN 11,110,000.00 (in words: eleven million one hundred and ten thousand zlotys and 00/100) increased by VAT charged in accordance with applicable regulations, i.e. PLN 2,555,300 (two million five hundred fifty-five thousand three hundred zlotys) in total PLN 13,665,300 (thirteen million six hundred sixty-five thousand three hundred zlotys) gross.
The remuneration for the proper performance of the Extension Agreement (this remuneration is also called the "Contractual Remuneration" in the Agreement), in particular for the performance of the Subject Matter of the Agreement and all other obligations covered by the Agreement is: net PLN 1,530,000.00 (say: one million thirty thousand zlotys). and 00/100) increased by VAT charged in accordance with applicable tax regulations in the amount of PLN 351,900.00 (in words: three hundred fifty-one thousand nine hundred zlotys and 00/100), i.e. PLN 1,881,900.00 (in words: one million eight hundred eighty one thousand nine hundred zlotys and 00/100) gross, (hereinafter referred to as the "Remuneration").
This amount may be increased in the event of the performance of further tasks not falling within the scope of this Agreement.
Payment for the Works accepted in part will be made by PGNiG Technologie on the basis of the Contractor's invoices, in accordance with the billing schedule.
PGNiG Technologie will grant G-Energy an advance payment for the execution of construction and assembly works in the amount of PLN 3,330,000.00 net (in words: three million three hundred thirty thousand zlotys and 00/100) plus VAT in the amount of PLN 765,900.00 ( in words: seven hundred sixty five thousand nine hundred zlotys and 00/100), i.e. PLN 4,095,900.00 (in words: four million ninety five thousand nine hundred zlotys and 00/100) gross. The advance payment will be made after signing the Agreement, but not earlier than after receiving a written request from the Contractor for the advance payment together with the security for its return.
PGNiG Technologie allows for the possibility of earlier payment of the G-Energy VAT invoice at the Contractor's written request. In the event of an earlier payment, the amount due under the VAT invoice issued by the Contractor will be reduced by the amount of discount interest in the amount of 5% per annum.
PGNiG Technologie has the right to charge the issuer with contractual penalties, in particular:
in the event of failure to meet any of the key deadlines for the implementation of the Works (indicated in the Agreement Implementation Schedule): execution by the Contractor of the basic design and land development design in the amount of 0.1% of the net contractual remuneration, for each commenced day of delay, unless the Issuer proves that the delay arose for reasons attributable to the Ordering Party or the Investor; obtaining a valid construction Permit and transferring it to the Employer - 0.1% of the net contractual remuneration for each commenced day of delay, unless the Issuer proves that the delay was caused by reasons attributable to the Employer or Investor; completion of construction and assembly works - in the amount of 0.2% of the net contractual remuneration for each commenced day of delay, unless the Issuer proves that the delay was caused by reasons attributable to the Ordering Party or the Investor; Start-up and start-up, completion of all Works and handover of the Investment in the scope of the Subject of the Agreement for operation along with obtaining a valid Use Permit - in the amount of 0.2% of the net contractual remuneration for each commenced day of delay, unless the Issuer proves that the delay has arisen for reasons attributable to the Ordering Party or the Investor. The total amount of contractual penalties resulting from all the titles provided for in this Agreement shall not exceed 50% of the net remuneration (excluding VAT), with penalties for delays in the performance of the agreement 30% of the net remuneration. The total liability of each Party for non-performance or improper performance of the Agreement is limited to the amount of 100% of the net contractual remuneration. If the Contractor meets the deadline for Putting the Investment into Operation before the deadline, the Ordering Party will not charge the Contractor with contractual penalties for delay in performing the tasks.
The remaining conditions for the performance of the Agreement do not differ from those commonly used in this type of agreement.
Legal basis:
Art. 17 sec. 1 of the Regulation of the European Parliament and of the Council _UE_ No. 596/2014 of April 16, 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6 / EC of the European Parliament and of the Council and Commission Directive 2003/124 / EC, 2003/125 / EC and 2004/72 / EC _also known as MAR_.