The acceptance of Durmazlar's has started, settlement with the FCC
Despite the official selection of the most advantageous offer for the second time in the tender for the extension of the tram network, Olsztyn cannot yet sign a contract with the contractor. Two bidders appealed against this decision to the National Appeals Chamber. Meanwhile, the acceptance of the first two Durmazlar Panorama trams has officially begun, and in the meantime, Olsztyn has reached an agreement with the would-be contractor of the first stage of construction of the tram network - the Spanish company FCC Construcción.
Durmazlar Panorama Olsztyn DRP5H05 # 3016 during test drives at the end of the border crossing University-Prawocheński (December 2020) © Olsztyn City Hall
After the KIO ruled out the Krakow-based company ZUE and upheld this decision by the court, the city could finally officially announce that, after re-evaluating the bids, it decided on a consortium of Polimex Infrastruktura, Polimex Mostostal and Trakcja. It declared that it would execute the order for PLN 403,164,353.11. In the repeated tender, five bids were finally assessed (two - Torpol and the aforementioned ZUE were excluded). The others were already for higher amounts: the consortium of Mirbudu and Kobylarnia requested PLN 437 870 454.89, Budimex Budownictwo - PLN 444 446 175.56, the consortium of Roverpol and the Spanish company Rover Infraestructuras - PLN 467 276 985.61, and the consortium of Gülermak and its the Turkish parent company GülermakAğır Sanayi İnşaat ve Taahhüt - PLN 467 350 286.79. This time Mirbud and Kobylarnia decided to protest, and Budimex Budownictwo joined them. The main objection is the winners' failure to meet the conditions for participation in the procedure. The losers claim, among other things, that Olsztyn should have taken advantage of the possibilities offered by the public procurement law and excluded the Polimex-Trakcja consortium due to previous problems of its companies with the implementation of the investment. If a given company was terminated for this reason, it gives the possibility (but not an obligation) to exclude it from the tender procedure. Olsztyn did not use this right and the National Appeal Chamber at the session at the end of December 2020 or at the beginning of January 2021 will assess whether it acted correctly.
December 18, 2020 passed - after the changes caused by the pandemic - the deadline for the delivery of the first two cars by the Turkish Durmazlar to Olsztyn. Panoramas # 3015 and # 3016 have been in the MPK depot for some time - the first one arrived before the outbreak of the coronavirus pandemic,
on the night of February 12-13, 2020 , to undergo approval tests on Olsztyn tracks, the second one arrived
on the night of November 26-27 2020 . The manufacturer announced the readiness of both vehicles to be picked up on the aforementioned December 18, and on that day a committee met in the town hall to officially start this process. The process of taking over the trams to the city will take several weeks, during which the compliance of the vehicle characteristics with the tender specifications will be checked during tests. It's all about those elements that
were scored in the tender , i.e. reduced axle load, swivel bogies in the extreme sections, width of the tram body, number of seats and width of the passage between them, noise level and appropriate hydraulic or pneumatic devices. Turkish cars can already be seen on the streets - test and training drives are underway, of course without passengers.
Construction of a tram line at Płoskiego Street (October 29, 2012) © OlsztyńskieTramwaje.pl
On December 8, 2020, the court approved the agreement concluded four days earlier by Olsztyn with the Barcelona-based construction concern FCC Construcción, which was thrown out in August 2013 by the city from the construction of the first stage of the tram network for lack of progress. For over two years from signing the contract (
June 27, 2011 ) and nearly a year from the commencement of construction works (
September 12, 2012) The Spaniards made only 6.14 percent. works, and all this after 3/4 of the period allocated to the contract. FCC decided to claim compensation and demanded ... 321,974,063.16 PLN! Even more fun was the fact that the company from Catalonia stated in its lawsuit that if the court did not recognize its claims, it still wants money from Olsztyn - "only" PLN 47 711 469.13.
After inventorying the works performed by FCC and settling tenders for new contractors, Olsztyn calculated its costs and filed a counter-suit demanding PLN 37.7 million. The trial dragged on for many years, mainly due to problems with finding experts and obtaining their opinions, the Spaniards also tried to win the transfer of the hearings to another city, but eventually the District Court in Olsztyn dealt with the case. During the trial, Olsztyn managed to obtain the court's approval to take over a PLN 25 million bank guarantee submitted by the FCC. The dispute did not end in sight and the Spaniards offered a settlement. The court referred the case to mediation and an agreement was finally reached. Under this agreement, FCC Construcción admitted that Olsztyn had the right to terminate the contract, and the actions of the city and its employees were appropriate. The city also kept the PLN 25 million guarantee, and the Spaniards agreed to pay out an additional PLN 2.5 million by December 13, 2020.
Mimo dokonanego po raz drugi oficjalnego wyboru najkorzystniejszej oferty w przetargu na rozbudowę sieci tramwajowej Olsztyn nie może jeszcze podpisać umowy z wykonawcą. Dwóch oferentów odwołało si…
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