AMENDED DECREE WITH FORCE OF LAW N ° 591, 1982, OF THE MINISTRY OF PUBLIC WORKS Having present that the H. National Congress has given its approval to the following Bill: " Article 1 °.-Enter the following |! |modifications in the Decree with force of law No. 591, |! |of 1982, of the Ministry of Public Works, which fix |! |rules of general character relating to the execution, |! |repair and maintenance of public works tax by |! |the concession system: 1.- (ii) the following points, second, fourth and fifth, new, to Article 2: " Any person, natural or legal, may |! |postulate, before the Ministry, the execution of works |! |public through the concession system. The |! |rating of these postulations will be solved by the |! | Ministry of Public Works, in the form founded, in the |! |term of one year, at most, counted from their |! |presentation. The applicant must make his/her presentation in the |! |form that establishes the regulation. The work whose execution in concession is approved |! |must be tendered within a year from the approval of the |! |the application. The applicant who has given origin to the tender |! |shall be entitled to an award in the assessment of his tender |! |in the tender of the concession, whose consideration |! |shall be specified in the regulation and in the bases. " 2.-Replace Article 5 °, " Article 5 °.-In the case of public tender |! |international, or national for works in concession to |! |be carried out in border areas determined according to |! |the law, and before the corresponding call, the |! | President of the Republic will refer to the Council of |! | National Security the history of the tender, |! |for 3.-Substitute Article 7 °, by the following: " Article 7 °.-The tender of the work matter of |! |the concession shall be resolved by evaluating the offers, |! |technically acceptable, of according to the |! |characteristics of the works, taken care of the |! |following factors, according to the evaluation system |! |established in the bidding bases. -tariff level and its structure. -Minor concession period. -Lower subsidy from the State to the offeror or greater |! |payments offered by the offeror to the State. -Lower minimum income guaranteed by the |! | State. -Degree of risk commitment assumed by the |! |offeror regarding the cost of the project and risks |! |on the holding, such as fortuitous case or force |! |greater. -Formula of readjustment of the rates and their system of |! |review. -Rating of other additional services, |! |useful and necessary. The tariff level offered by the dealer |! |will be understood as maximum rates, so the |! |dealer will be able to reduce it. "4.-Replace in the letter a) of the article 9 ° the |! |prayer" the execution, repair or conservation of |! |works public prosecutors ", for the following:" the |! |execution, repair, conservation and exploitation of |! |tax public works ". 5.-Intercalase, in article 10 °, between the |! |phrases "for the services offered," and "such as |! |concessions", the following: "as established by the |! |bases,", and delete the final part of this article, |! |that says: " In any case these Additional benefits are |! |consider as members of the fee or allowance to |! |referred to in Article 7 °. " 6.-Reposition article 14 °, by the following: " Article 14 °.-The guarantees referred to in the |! |present decree with force of law shall be |! |sufficient, being both real and personal. |! | Your nature and amount will be determined on the basis of |! |tender. "7.-Enter the following modifications to the |! |article 15 °: a) Replace the first paragraph, by the following:" Article 15 °. The goods and rights you acquire the |! |dealer, to any title, that remain affected to |! |the concession, will not be able to be sold separately from |! |it is, neither mortgaged or subjected to encumbrances of any |! |species, without the consent of the Ministry of Works |! | Public, and they will pass to the tax domain at the end of the |! |concession. ", and b) Assume the second indent. 8.-Reposition article 16 °, by the following: " Article 16 °.-When for the execution of the work |! |in concession will be indispensable the modification of |! |existing easements, the concessionaire will be |! |obliged to restore them, to their 9.-Substitute Article 19 °, by the following: " Article 19 °.-The Ministry of Public Works |! |may modify, for reasons of public interest, the |! |features of the contracted works and services and, |! |as as a result, agreed rates and subsidies. The bases of the tender will establish the form and |! |term in which the concessionaire will be able to request the |! |review of the tariff system and formula of readjustment for |! |cases over-lieutenants that so justify. The modification that is necessary will be realized |! |by supreme decree of the Ministries of Works |! | Public and of the Treasury. " 10.-Introduces the following modifications to the |! |article 21 °: (a) Replace the first indent, by the following: " Article 21 °.-From the perfecting of the |! |contract and with the authorization of the Ministry of Works |! | Public, the concessionaire may transfer the concession |! |and, also, in the same conditions, may constitute its |! |income in guarantee of obligations arising from the |! |same concession and from its exploitation. ", and b) Add as third indent, the following, |! |new:" The dealer will maintain the obligation to comply |! fully the contract in the form and conditions |! |established, even when you deliver in full warranty or |! |partial the revenue derived from the contract of |! |concession. "11-Add, to the N ° 2 of the article 22, a |! |continuation of the point (.) apart, that becomes point |! | (.) followed, the following:" However, the Fisco will compete to the payment of the |! |damages to irrogate the fortuitous case or force |! |greater, if so established the bases of the |! |invitation to tender. "12.-Replace, in the N ° 2 of the article 23 °, the |! |letter b) by the following:" b) To loan it uninterrupted, except for situations |! |exceptional, due to fortuitous case or force majeure, |! |whose effects will be qualified by the contractors, |! |by agreeing the necessary measures to achieve |! |the fastest and most efficient resumption of service. The |! |value of the works will be agreed between the contractors |! |and, in the absence of agreement, the parties will be able to resort to a |! |expertise that will determine, adjusting to what they indicate |! |the bidding bases, the rating, measures or |! |evaluation, according to the case. The parties will contest the |! |payment of the price as per the terms of the contract |! |concession. " 13.-Reposition, in article 29 °, the expression |! | "corresponding", written between the words "the |! | Address" and "will be entitled", by the following: " corresponding, previous favorable pronouncement of the |! refers to the article |! | 36 °, ". 14.-Rule 35 °. 15.-Replace Article 36 ° by the following: " Article 36 °.-The disputes which, in order to |! |the interpretation or application of the contract, are |! |generate between the Ministry of Public Works and the |! |concessionaire, may be raised to the knowledge of a |! | Conciliator Commission, which will be integrated by a |! |university professional appointed by the Minister of |! | Public Works, a designated university professional |! |by the dealership and a university professional |! |mummbrado by common agreement by the parties, who the |! |will preside. In the absence of agreement, this will be designated by |! |the President of the Court of Appeals of Santiago. The |! |above is without prejudice to the powers of the Power |! | Judicial and the Comptroller General of the Republic. This Commission may also be aware of all |! |claim that the execution of the |! |contract may result, as is the case for serious alterations of the |! |conditions in which it was established. The complaint will be |! |will present the Commission within the deadline of thirty |! |days, counted from the date of the fact that it is motivated. The Commission will set its rules and procedures and |! |will seek the reconciliation between the parties, for which |! |may make recommendations and proposals of |! Without prejudice to the above, when the Ministry |! |of Public Works request the declaration of the |! |extinction of the concession, under the causals of |! |the N ° s. 2, 3, 5 and 6 of the article 27 °, the dealer |! |may claim against this decision before the Commission |! | Conciliadora, within the period of 15 days, counted |! |from the respective notification. The Commission will have to resolve within thirty |! days. If there is no reconciliation, the Ministry will dictate |! |a resolution to declare the extinction of the |! |concession, which will not produce effects while |! |find pending the deadline to interject the resource |! |as referred to in the following paragraph. The resolution will be reclaimable before the Court of |! | Appeals of Santiago, claim that it will be processed |! |according to the procedure established in the articles |! | 69 to 71 of the law N ° 18,840, Constitutional Organic |! |of the Central Bank of Chile, and to the provisions which are |! |point out below: 1.-The time limit for bringing the action shall be counted |! |from the notification of the decision to the concessionaire; 2.-The entry ballot shall not be required; 3.-If the claim is lodged, the |! |move will be given to the Director General of Public Works, |! |and 4.-If one year since the interposition |! |of the claim, no enforceable court judgment, |! |the Fisco is empowered, through the Ministry of Works |! | Public, to intervene the concession . The rules governing the intervention are |! |set in a regulation to be approved |! |by supreme decree, issued through the Ministry of |! | Public Works. " Article 2-Facultate the President of the Republic so that, within the period of 60 days, he establishes a recast, coordinated and systematised text of the decree with force of law N ° 591, 1982, of the Ministry of Public Works, and of the rules, relating to execution, repair and preservation of public works by the concession system, contained in law No. 15,840 and the decree with force of law N ° 206, of 1960, whose text recast, coordinated and systematized was fixed by the supreme decree No. 294, 1984, of the Ministry of Public Works. ' Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of Mexico, I have had to approve and sanction it; therefore, I have signed and will take effect as the Law of the Republic. Santiago, July 3, 1991.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Carlos Hurtado Ruiz-Tagle, Minister of Public Works. What I transcribe to you for your knowledge.-Salutes intently to Ud., Juan Enrique Miquel Muñoz, Undersecretary of Public Works.