THE Local Government Council of Pamplona City Hall rejected the appeal for reconsideration filed by the company that obtained the bus station, UTE Estación de Autobuses de Pamplonawho must present a basic project to carrying out rehabilitation works integral waterproofing system for the building’s garden roof.
The deadline expires on January 20, 2025. This work, awaiting execution since Superior Court of Justice of Navarre will decide in 2019 that jobs are competition from the concession companyhave an estimated cost of 1.96 million euros, which should be paid in full by the company that built and is the concessionaire for the operation of the bus station.
This was highlighted by the legal services report who proposed to reject the UTE’s appeal against the agreement of the Local Government Council of August 22 which required this project, granting it a period of 3 months for its presentation.
There is no administrative appeal against this resolution, therefore The company must present this project on the aforementioned datethat is to say this January 20, 2025.
Responsibility of the successful tenderer
The roof of the building has significant leaks due to a poor execution of workattributable to the agents who intervened in the building, and not to the constructive solution chosen in the municipal project, as indicated in judgment no. 37/2019 of February 15, 2019 rendered by the Contentious-Administrative Chamber of the Superior Court of Justice of Navarre. The aforementioned decree expressly specifies that there is neither a project prepared by the Town Hall nor an order for the roof waterproofing model. On the contrary, it maintains that the determination of the project and its subsequent modification, to place the floating waterproofing system composed of PDM plates, was drawn up by the awarded UTE, which was ultimately responsible for its correct installation.
It is this judgment which also addressed the technical question, considering that the system chosen by the concessionaire of the work was that of glued and non-welded waterproof sheets, so that there was no material continuity in the joints made in the work. This the system was not adequateas the expert then judged, due to the large surface area concerned and the high risk of non-execution: “the execution did not reach the required quality and improper placement has occurred. The consequence is localized leaks in the building.
Leaks detected almost 10 years ago and still uncorrected
In this sentence, The Superior Court of Justice of Navarre has exonerated the Pamplona City Hall from any responsibility for the leak problems caused by the water collection system and the floating waterproofing system used, and has expressly declared its right to have the work, at the end of the operating concession period, returned to it under the conditions of being able to continue to provide the public service.
The Contentious-Administrative Chamber of the Superior Court of Justice of Navarre established that It was the concessionaire and appellant who caused the serious deterioration of the roof of the station.and it is up to her to resolve it, because in addition, within the framework of the conservation obligations established by the regulatory specifications of the concession, the station must be in perfect use, which does not currently happen.
THE leaks They have been detected for more than 10 years, and generate significant leaks indoors when it rains a lot, despite partial repairs carried out. SO, complete rehabilitation is necessary which guarantees the complete elimination of water ingress. The Town Hall’s requirement for a basic project does not imply a specific solution, but rather the municipal technical services will assess the viability of the work proposed by the concessionaire.
STEPS OF THE FILE
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By JOB Agreement of June 14, 2005, the UTE CONSTRUCCIONES AZPIROZ Y SARALEGUI SL/GEA 21 SA was awarded; abbreviated as UTE BUS STATION OF PAMPLONA the PUBLIC WORKS CONCESSION, comprising the execution of works (including the underground station, the parking lot, the reconstruction of the ravelin of Santa Lucía, the reconstruction of the counterscarp and the reconstruction and urbanization of the glacis of the citadel) and the operation of the rear of the Pamplona passenger bus station.
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Since 2015, this infrastructure has had a pathology of more or less severe leaks which, as they worsened, were studied and noted and were the subject of different requirements from the Town Hall.
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An appeal was filed by the UTE aimed at declaring financial responsibility for the leaks, Order No. 303/2018 of September 19, 2018 was issued, which determined that the existing waterproofing had to be resolved, since the one constructed n was not suitable.
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Subsequently, a judgment is rendered in appeal no. 37/2019 of February 15, 2019 issued by the Contentious-Administrative Chamber of the Superior Court of Justice of Navarre within the framework of procedure 449/2018, which rejects the appeal filed by the UTE Estación de Pamplona. Buses and exempts Pamplona City Hall from any liability for construction defects in the works.
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Consequently, during the years 2023 and 2024, basic studies on the situation of the property are carried out by the UTE OF THE BUS STATION OF PAMPLONA, from which the need to carry out complete rehabilitation works of the system of waterproofing of the building. Some first approximations of the tasks to be carried out lead to an economic investment estimate of €1,966,786.01 (PEM).
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In order to determine exactly the scope of the action, the UTE ESTACIÓN DE BUSES DE PAMPLONA is required, by agreement of the Local Government Council of August 22, 2024, to present a basic project for the execution of complete rehabilitation works of the roof waterproofing system within three months. .
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Against this agreement, an appeal for reconsideration was filed on September 26, 2024, which was rejected by means of a new agreement of the Local Government Council dated November 25, in which the deadline for submitting the basic project was extended until as of January 20, 2025. .
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The resolution approved today by the Board of Directors ratifies this agreement.
