Hungary – Construction work – SOE "C" épület átalakítása és bővítése

The contracting authority (AK) intends to implement the comprehensive reconstruction, extension, and renovation of the existing "C" building located at 9400 Sopron, Bajcsy-Zsilinszky u. 4. (municipal address 7183), involving high-rise construction work. The tasks to be completed in one phase include, among others, the 2nd floor extension with a purely wooden structure (CLT and laminated timber), the complete barrier-free accessibility of the entire building (passenger lift, barrier-free ramp, and restrooms), the renovation of the facade and roof structure, and the full installation of building services (heating, cooling, ventilation, water, and drainage systems) and electrical systems, including related demolition works. Due to character limit, BT-24 field continuation: AK, based on the 46. § (3) of the 321/2015. (X. 30.) Government Decree, specifies that the reference to a specific brand, origin, type of item, procedure, activity, person, patent, or trademark in the invitation to tender, documentation, and technical documentation is made only to clearly define the subject matter and that the term "or equivalent" must be understood under the designation. The proof of equivalence is the task of the contractor (AT). Due to character limit, BT-77 field continuation: AK in the contract to be concluded with the winning AT - for the duration of the performance and the warranty period - undertakes the following contract-securing guarantees and ancillary obligations: Warranty obligation: AT is obliged to provide a full warranty for a minimum of 60 (sixty) months from the technical handover. The warranty obligation starts from the completion of the technical handover procedure. Performance guarantee: AK undertakes a guarantee corresponding to 5% of the net contractor fee (calculated without VAT and reserve) as a guarantee for claims related to the failure to perform the contract. Warranty guarantee: AK undertakes a guarantee corresponding to 5% of the net contractor fee (calculated without VAT and reserve) as a guarantee for claims related to defective performance of the contract. The winning AT must make the warranty guarantee available if the contracting authority releases the performance guarantee or it expires. The warranty guarantee can be provided in the form specified in point a) of § (6) of Kbt. 134. at the discretion of AK. The detailed conditions are contained in the draft contract issued as part of the KD. Delay liquidated damages: If the winning AT misses the final completion deadline specified in the contract for a reason for which it is responsible, AK is entitled to enforce delay liquidated damages against the winning AT. The delay liquidated damages to be paid in case of delayed performance amount to 1% of the net value without reserve and the difference between the works verified by the technical controller (delayed work portion), but at least 100,000 Ft per day, with the total delay liquidated damages enforceable against the winning AT not exceeding 20% of the net contractor fee without reserve. The basis for the liquidated damages is the net value. Defective performance liquidated damages: If the winning AT does not fulfill its contractual warranty and guarantee obligations, AK may enforce defective performance liquidated damages or claims for damages exceeding the liquidated damages. The defective performance liquidated damages amount to 1% of the total net contractor fee (i.e., one percent) for each defective work portion, but not more than 20% of the net contractor fee without reserve. Liquidated damages for failure to perform: In case of contract failure, AK may enforce liquidated damages for failure to perform against the winning AT. Failure to perform is particularly deemed to occur in the event of impossibility occurring within the responsibility of the winning AT, as well as the immediate termination or withdrawal of the contract based on the winning AT's breach of contract. The basis for the liquidated damages for failure to perform is the net contractor fee without reserve. The amount of the liquidated damages for failure to perform is 20% of the basis for liquidated damages. The contractor is obliged to start the elimination of the defect on-site within a maximum of 24 (twenty-four) hours after the notification of the defect by the client. If the contractor does not arrive at the site within the given response time and does not start the elimination of the defect, this is considered delayed performance, and a daily delay liquidated damages of 50,000 Ft (fifty thousand forints) can be applied against them. The contractor is also obliged to compensate for any damage resulting from the delay.