Key Benefits:
VISTO Issue No. 561-025128/96 and its aggregates without accruing No. 561-000070/97, No. 561-000554/97 and No. 561-000264/98 of the Register of the MINISTERY of TRANSOMIA and ARTs and PUBLIC SERVICEs, Law No. 17.520 and its similar date No. 23,696
CONSIDERING:
That by Resolution of the ex-SECRETARY OF PUBLIC AND TRANSPORT No. 37 of 20 November 1996 approved the documentation for the Public Litigation of the Work: NATIONAL RUTE No. 12 - PROVINCIA OF ENTRE RIOS - Tramo: ARTROYO NEGRO - CEIBAS; Section: Kilómetro 115,00 - Kilómetro 159,95; ECUCION DE OBRA BASICA, PAVIMENTO AND PUENTES", corresponding to the second road with which the BRAZO LARGO - CEIBAS motorway will be implemented.
That said call to Licitation was made by the Concessionary of the Corridor No. 18 of the National Road Network, CAMINOS del RIO URUGUAY SOCIEDAD ANONIMA within the framework established by Decree No. 489 of 4 April 1995 and in accordance with the agreement of the Act adopted by Decree No. 1019 of 6 September 1996.
That to the Licitation were presented DOS (2) officiaries, being they the Consortium composed of DRAGADOS and PORTUARIA SOCIEDAD ANONIMA, SUPERCEMENT SOCIEDAD ANONIMA and DECAVIAL SOCIEDAD ANONIMA and the Consortium composed of IGLYS SOCIEDNONIMA, JOSE CARTELLONE SOCIEDAD ANONIMA, CODI SOCIEDAD ANONIMA, WELBERS INSUA SOCIEDAD ANONIMA, CONEVIAL SOCIEDAD ANONIMA and PENTAMAR SOCIEDAD ANONIMA.
That the ex-SECRETARY OF PUBLICS AND TRANSPORTS by Resolution No. 105 of April 24, 1 997, considered skillful and in accordance with Pliego the DOS (2) alternative offers submitted by each of the DOS (2) offerable consortiums and enabled the concessionaire to hold the Contract of Work with the proponent that was in its most convenient judgment.
That the concessionaire reported to the aforementioned ex-SECRETARIAN ARTS PUBLIC AND TRANSPORT, by note dated 8 May 1997, which was awarded the Licitation for the sum of CINCUENTAL PESOS and TRES MILLONES SEISCIENTS VEINTIDOS OURS ANONIMA, on the basis of having made the most convenient and adjusted offer; documentation accompanied by the requirements of the General, Particular and Technical Conditions.
That, consequently, the avenue for the ratification of all acts by the CAMINOS concessionaire of the URUGUAY SOCIEDAD ANONIMA RIO has been issued, as provided by the final paragraph of Article 7 of Decree No. 489/95.
That, on the other hand, and in an all-in accordance with regulation 2.3.1, Annex IV of the Act, Agreement adopted by Decree No. 101 9/96, assign to the execution of additional works to be carried out in the Corridor the amount resulting from the difference between the reference price of the works contained in the Act (Decree No. 1019/96) the cash price resulting from the aforementioned tender.
That's a good deal.
That the NATIONAL DIRECTION OF VIALITY has considered as the most important work to be carried out in the Corridor, to the NATIONAL RUTA AUTOVIA N° 193, TRAMO: NATIONAL RUTA N° 9 - NATIONAL RUTA N° 12, PROVINCIA DE BUENOS AIRES, having approved the project to be presented by the Concessionary Company of the Corridor.
That such a work should be carried out in the same period as that envisaged for the Autopist referred to, as otherwise the norm in the Act (Annex IV, item 2.3.1), approved by Decree No. 1019/96, would be disregarded.
That the amount of this work computing the volume to build and apply the unit prices quoted in the Licitation of the Tram ARROYO NEGRO - CEIBAS ascends to PESOS OCHO MILLONES NOVECIENTS CUARENTA AND OCHO MIL SETENTA AND OCHO WITH ACCOUNT AND OCHO CENTAVOS ($ 8,948,078,48) and
It should be added that the Concessionary company of the Corridor, offered to execute the same with a reduction of the CINCO per CIENTO (5%) on the unit prices quoted in that tender, then presenting a budget of PESOS OCHO MILLONES QUINIENTOS MIL SEINEOS SETENTA and CUATRO WITH CINCUENTA and SEIS CENTAVOS ($ 8.500)
That article 15 of Decree No. 489/95, already cited, establishes the figure of "indecuation of the concession contract", thus understanding the financing by the concessionaire of a constructive project, in the framework of the road concession granted, that includes the execution of any work whose estimated price of execution is equal to or less than the VEINTE BY CIENTO (20%) of the present value of the total amount provided for in the contract of concession for corresponding works.
That also article 16 of the same Decree obliges the concessionaire to carry out the constructive project itself.
That the unit prices presented by the concessionaire company contain an improvement in the order of CATORCE by CIENTO (14%) with respect to the unit values authorized by the NATIONAL DIRECTION OF VIALITY for those items, which, in addition to the reduction of the CINCO by CIENTO (5%) mentioned above, represents a substantial reduction in the final costs of the work.
That it has provided its conformity with the General Directorate of Humanitarian Affairs of the MINISTERY of ECONOMY AND ARTWORKS and PUBLIC SERVICES.
It has also taken the intervention of the NATIONAL DIRECTION OF VIALITY, under the SUBSECRETARIA DE ARTWORKS of the SECRETARIAT OF PUBLICS of the Ministry.
That pursuant to article 11 of Decree No. 489/95, the General SINDICATURA OF NATION took the relevant intervention, not in opposition to the dictation of this Decree.
That the present Decree is issued in exercise of the powers conferred in Act No. 17.520, as amended by its similar No. 23.696, Decree No. 489/95 and Article 99, paragraph 1, of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1-Ratifícase all the actions of the Concessionary Company of the Corridor No. 18, CAMINOS del RIO URUGUAY SOCIEDAD ANONIMA, in the bidding process of the NATIONAL RUTA Work No. 12 - PROVINCIA OF ENTRE RIOS - ANCIETY FOR AN IMPLEMENTATION, INCLUDING SOMETHING. The above-mentioned concessionaire company adjusted its role to the provisions of the General, Particular and Technical Conditions, approved by Resolution of the ex-SECRETARIAT OF PUBLIC AND TRANSPORT No. 37 of 20 November 1996 and as set out in Resolution No. 105 of 24 April 1997 of the same ex-SECRETARIAT. Art.2°-Disclose, the sum of PESOS OCHO MILLONES SETECIENTS SESENTA AND SIETE MIL TRESCIENTS NOVENTA AND TOS WITH SETENTA AND TOS CENTAVOS ($ 8,767,392,72), resulting from the difference between the reference price of the works, as set out in clause 2.3.1, Annex IV, of the Act of Agreement approved by Decree No.101 Art. 3°-SECOND PROCEDURES, of the amount mentioned in the preceding article, the sum of QUINIENTS MIL SETTLEMENTS AND ACCOUNT WITH CINCUENTS AND SEIS CENTAVOS ($ 8.500,674.56) to the execution of the Work: NATIONAL RUSSIAN N° 193, TRADE Art. 4°- The execution of the works mentioned in the previous article will be directly awarded to the Concessionary Company of the Corridor No. 18, CAMINOS del RIO URUGUAY SOCIEDAD ANONIMA, as set out in article 16 of Decree No. 489/95. Art. 5°-Contact, post, give to the National Directorate of the Official Register and archvese. -MENEM.-Jorge A. Rodríguez.-Roque B. Fernández.