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

The Contracting Authority (AK) wishes to implement the comprehensive reconstruction, extension and renovation of the existing "C" building, located at 9400 Sopron, Bajcsy-Zsilinszky u. 4. (municipal cadastral number 7183), in one phase. The tasks to be completed in one phase include, among others, the construction of a 2nd floor with a purely wooden structure (CLT and glued laminated timber), the complete barrier-free accessibility of the entire building (passenger lift, barrier-free ramp and toilets), the renovation of the facade and roof structure, and the complete installation of building services (heating, cooling, ventilation, water and sewerage systems) and electrical systems, including related demolition works. Due to character limit, continuation in field BT-24: AK, pursuant to paragraph (3) of Section 46 of Government Decree 321/2015. (X. 30.), specifies that any reference to a specific brand, origin, type of item, process, activity, person, patent or trademark in the invitation to tender, documentation and technical documentation is made solely to clearly define the subject matter and that the term "or equivalent" must be understood under the designation. The proof of equivalence is the responsibility of the Tenderer (AT). Due to character limit, continuation in field BT-77: AK will stipulate the following contract-securing guarantees and ancillary obligations in the contract to be concluded with the winning Tenderer (AT) - for the duration of the performance and the guarantee period -: Performance guarantee: AT is obliged to provide a full performance guarantee for a minimum of 60 (sixty) months from the date of completion of the technical handover. The performance guarantee period starts with the complete completion of the technical handover procedure. Performance bond: As a guarantee for claims related to the non-performance of the contract, AK stipulates a bond equivalent to 5% of the net contractor's fee (excluding reserve fund and VAT). Performance bond: As a guarantee for claims related to the defective performance of the contract, AK stipulates a bond equivalent to 5% of the net contractor's fee (excluding reserve fund and VAT). The winning AT is obliged to make the performance bond available if the Contracting Authority releases the performance bond or it expires. The performance bond may be provided in the form specified in point a) of paragraph (6) of Section 134 of the Public Procurement Act, at the discretion of the Contracting Authority. The detailed conditions are set out in the draft contract issued as part of the Contract Documentation (KD). Delay liquidated damages: If the winning AT misses the final deadline for performance specified in the contract for a reason for which it is responsible, AK is entitled to enforce liquidated damages against the winning AT. The amount of liquidated damages payable in the event of delayed performance is 1% of the net contractor's fee (excluding reserve fund), but at least 100,000 Ft per day, with the proviso that the total amount of liquidated damages enforced against the winning AT may not exceed 20% of the net contractor's fee (excluding reserve fund). The basis for the liquidated damages is the net value. Defective performance liquidated damages: If the winning AT fails to fulfil its contractual warranty and performance obligations, AK may enforce defective performance liquidated damages or claims for damages exceeding the liquidated damages. The amount of defective performance liquidated damages is 1% (one percent) of the net total contractor's fee (excluding reserve fund) for each item of work affected by each defective performance, but not more than 20% of the net total contractor's fee (excluding reserve fund). Frustration liquidated damages: In the event of frustration of the contract, AK may enforce liquidated damages against the winning AT. Frustration includes, in particular, impossibility occurring within the winning AT's sphere of responsibility, as well as the winning AT's immediate and final termination or withdrawal based on breach of contract. The basis for the liquidated damages is the net contractor's fee (excluding reserve fund). The amount of liquidated damages is 20% of the liquidated damages base. The Contractor is obliged to commence rectification of the defect upon notification by the Contracting Authority, within at most 24 (twenty-four) hours of on-site attendance. If the Contractor does not arrive at the site within the specified attendance time and does not commence rectification of the defect, this is deemed to be delayed performance, and a daily delay liquidated damages of 50,000 Ft (fifty thousand forints) may be applied against the Contractor. The Contractor is further obliged to compensate for any damage arising from the delay.