G-Energy S.A.: Umowa podwykonawcza z Kotło-Rem Sędziszów sp. z o.o. (2023-04-13)

Conclusion of Subcontracting Agreement.
Management Board of G-Energy S.A. (GENERGY, Issuer, Subcontractor) with its registered office in Warsaw informs that today it received a notification of acceptance of the Subcontractor Agreement for the implementation of construction and assembly works (hereinafter: Works) concluded by the Issuer with the company KOTŁO-REM Sędziszów sp. z o.o. with its registered office in Sędziszów (KOTŁO-REM, Contractor), which relate to the performance of Works related to the replacement of gas connections in the areas of the Branch of the Gas Plant in Wrocław
The subject of the Agreement is: 1) replacement of gas connections along with the removal of the main tap outside the building in a simplified mode (in accordance with Article 29a of the Construction Law Act) or upon notification where. The Subcontractor is obliged to perform the connection along with the design and acceptance documentation, 2) perform works accompanying the construction, necessary for comprehensive quality and full implementation of the subject of the order in the area of operation of the 3rd Gasworks, Branch Gasworks in Wrocław: part 1 - Gasworks Wrocław West; part 2 - Gasworks Wrocław North; part 3 - Gasworks Wrocław South.
The tasks will be performed on the basis of separate Orders given to the Subcontractor by the Contractor or directly by PSG. on the basis of individual orders (hereinafter: the Order), submitted as needed by the Employer (PSG).
The Subcontractor is obliged to perform the Subject of the Agreement in the period from the date of signing the agreement to December 31, 2024, with the proviso that either party may terminate the agreement with a 6-month notice period, effective at the end of the calendar month.
For the performance of the Subject of the Agreement, the Issuer will receive a total remuneration not exceeding PLN 3,700,000.00 (in words: three million seven hundred thousand zlotys), with the parties agreeing to increase the amount of remuneration in the form of an annex to the Agreement. The remuneration is expressed in the net amount and will be increased by VAT at the rate applicable on the date of issuing the VAT invoice. The contractor will be entitled to remuneration depending on the actual scope of the work performed, calculated on the basis of the unit rates contained in the contract, based on the material scope performed, included in the final acceptance report.
The maximum total value of orders under this agreement and framework agreements for part 1 may not exceed the following amount: PLN 1,207,692.20 (say: one million two hundred seven thousand six hundred and ninety two zlotys 20/100).
The amount for the performance of the Subject of the Agreement in part 2 may not exceed the amount of PLN 1,034,615.43 (in words: one million thirty-four thousand six hundred and fifteen zlotys 43/100).
The maximum total value of orders under this agreement for part 3 may not exceed the amount of: PLN 1,457,692.37 (in words: one million four hundred fifty seven thousand six hundred ninety two zlotys 37/100)
This amount will be increased by the due tax on goods and services (VAT) at the rate applicable on the date of performance of the Subject of the Agreement. The remuneration covers all works and all costs related to the performance of the Agreement. The contractor will be entitled to remuneration depending on the actual scope of work performed, calculated on the basis of the material scope performed, included in the technical / final acceptance report, as-built inventory and detailed cost calculation.
If the Employer confirms the need to perform additional works, the Subcontractor will prepare a valuation of works in accordance with the rules set out in the Regulation of the Minister of Infrastructure of May 18, 2004 on determining the methods and grounds for preparing an investor's cost estimate, calculating the planned costs of design works and the planned costs of construction works, specified in functional and utility program. The parties, through negotiations, will determine the conditions for the performance of additional works, in particular the amount of remuneration for their performance - on the basis of the valuation (estimate) submitted for approval.
The Ordering Party is entitled to demand the payment of contractual penalties, in particular for each day of delay in the execution of the simplified documentation agreement with the Ordering Party in relation to the date indicated in the Order - in the amount of 0.5% of the net Remuneration specified in the Order, but not more than 20% of this Remuneration; for each day of delay in delivering the subject of the Order in relation to the date indicated in the Order - in the amount of 0.5% of the net Remuneration specified in the Order, however not more than 50% of this Remuneration; for each day of delay in removing defects in the subject of the Order, counting from the expiry of the deadline set by the Ordering Party for removing defects - in the amount of 0.5% of the net Remuneration specified in the Order, however, not more than 50% of this Remuneration; for failure to notify gas consumers about the commencement of the Works within 7 days before entering the construction site - in the amount of PLN 500 for each disclosed case; for withdrawal from the execution of the accepted Order or failure to execute the Order in its entirety - in the amount of 50% of the net Remuneration specified in the Order,
The total value of contractual penalties in relation to the Agreement may not exceed 20% of the total remuneration resulting from all orders received by the Contractor.
The remaining detailed terms and conditions of the above-mentioned agreements do not differ from those commonly used in this type of agreement.