GOVERNMENT COMMISSIONER view the order of the President of the Council of Ministers no. 2409 of 28 June 1995, at which the president of the regional council and 'was appointed, pursuant to art. 5 of the law 24 February 1992 n. 225, government commissioner for the water emergency in Sardinia; Given the order of the President of the Council of Ministers no. 2424 of 24 February 1996, with which you have made changes and additions to the above order no. 2409/1995; Having regard to its ordinance no. 25, dated December 30, 1995, with whom, and 'was brought into force a 1995 operating first phase of that program; The Order of the President of the Council of Ministers of 23 December 1997, with which 'was, finally, extended the water emergency in Sardinia, until 31 December 1998; Given that among the works envisaged by this first phase operational are also included work "of the distribution function Reorganization southeast of the piping system Flumendosa Campidano"; Since the independent body of Flumendosa, hereinafter referred to as "Authority" and 'was identified right from the date of preparation of the general program of interventions, which provide the structure of the government commissioner for the water emergency in Sardinia, and that, consequently, project design of that question and the tender procedures aimed at the scorer undertaking which have been entrusted to the staff of '' Ente "the same, for this purpose identified under and for the purposes of art. 5, first, second and third paragraphs of the order of the President of the Council of Ministers no. 2409 of 28 June 1995; Since the first operational program mentioned above excerpt of the commissioner confirmed the ' "body" as implementing the initiative in question; Since that speech, in the amount of 50,000,000,000 and L. 'financed with funds made available to the Commissioner by order of the President of the Council of Ministers no. 2409 of June 28, 1995, Art. 6, paragraph 2, letter A) of accounting 'special letterhead treasury to "regional government President of Sardinia - Emergency water"; Since with note no. 656888, dated February 8, 1996, the Treasury has authorized the Central Administration of the Bank of Italy to the opening, at the provincial treasury section of Cagliari State, the following accounting 'special food with money transfers from accounting' special n. 1690/3 mentioned above: "President EAF for functional reorganization of the distribution Southeast Flumendosa Campidano". Since that accounting 'special' was activated with the n. 1702/0; Since on that accounting 'poured, out on accounting' special n. 1690/3, the sums necessary for the implementation of the intervention indicated above; Since holders of such accounting 'and' for the purposes of implementing this order, the President pro tempore of '' Body "; Since the Regional Department of Public Works and 'it was commissioned to carry out the investigation of the projects to be approved by the commissioner, after obtaining the opinion of art. 5, paragraph 4, order of the President of the Council of Ministers no. 2409 of 28 June 1995, the Regional Administrative Technical Committee referred to the regional law 22 April 1987, n. 24; Having regard to its previous order no. 64 of 23 September 1996, by which and 'approved (by the way) the final project "Reorganization of the functional distribution of the southeast water scheme Flumendosa Campidano batch II" with the simultaneous expectation for the realization of the lot all the same' "Authority" for the total amount of L. 13,797,919,413; Given the decision of the board of directors of '' Ente "taken on 27 October 1997 with the number 460/97 of adoption of the executive project" Reorganization of the functional distribution of the southeast water scheme Flumendosa Campidano II lotto ", drawn up by 'CAPSpa firm of Parma, been awarded, with a fall on the starting price equal to 14,90% corresponding to L. 1,519,693,565 whose economic framework and' the following: I) Contract value-based auction L. 10199275974: A1) of the enterprise offer L. 8,679,582,409 A2) net amount of non-planned work (track variant) 176 725 504 L.
________________ A) = A1 + A2 = Total amount net L. 8,856,307,913 B) Amounts at the administration's disposal: 0 Ribasso auction L. 1,519,693,565 1 Expropriation "219 892 000 2 archaeological Remediation" 115 000 000 3 unexpected "General expenses 169 243 458 4" 889 376 565 5 VAT "_____________ Total 1,851,680,108 4,764,885,696 B L. ================ Grand total L.13.797.919.413 Expected that some cost items, being of the executive project preparation have been updated for reasons deriving from the introduction of a modified line layout, which by the update of the expropriation costs by virtue 'of the actual quality' land; Viewed decree councilor of public works no. 170 of 26 March 1998, by which, pursuant to art. 21 of the regional law 22 April 1987, n. 24, in the absence of the opinion of the competent regional technical Committee of public works, following a specific request Ente, the replacement opinion is expressed; Considering that in terms of Article 2, paragraphs 8 and 9 of ordinance No. commissioner. 64/96, the savings made as a result of the auction declines achieved, will be reprogrammed by the Commissioner; In view of art. 26, second paragraph of the regional law n. 37/96, according to which the amount of overheads at a flat rate determined in favor of the concessionaires of public works of general interest, should be increased value added tax (VAT); Since the entry of determination commissioner n. 30 of 14 October 1996 and which 'the appropriation was made for the total amount of L. 13.797.919.413 on the chapter on the intervention of that issue as well as' the first payment of the Entity of The sum . 1724739927 in conformity 'to the above order no. 64/96; Given that it is appropriate to reformulate the intervention economic framework described hereunder according to the comparative model, in order to make evident the achieved economies: QE affidam. Economies / QE award Magioraz. tion - - - A) Work: Contract value 10,199,275,974 to deduct downward auction 14,90% - 1,519,693,565 net amount of work not provided for + 176 725 504 award amount 8,856,307,913 B) Amounts available: expropriations 130,447,535 + 89,444,465 219,892,000 115,000,000 115,000,000 unexpected archaeological reclamation 514,581,579 to 289,078,963 225,502,616 7,799,557 908,551,447 General and administrative expenses 900 751 890 + VAT 19% (20% *) 1937862435 + 1952971872 15109437
______________ _____________ ______________ Total amount 13,797,919,413 1,519,693,565 12,278,225,848 (*) The rate VAT of 19% is increased up to 20% in the award economic picture. Given the need 'to provide for the withdrawal of the sum representing the savings achieved, L. 1,519,693,565; Given that by the order of approval of the final project and the work rely Ente, n. 64/96, and 'public utility' intervention was declared of that question, while laying down the terms for the start and completion of the work; Expected altresi 'that the times necessitated by the intervention of the contract execution and the subsequent preparation and approval of the final design, make it essential to reattach the terms established by art. 1, third paragraph of the said ordinance n. 64 of 23 September 1996; Given the order of the government commissioner n. 81 dated 12 August 1997, by which the office coordinator of the Commissioner, pursuant to art. 2 of Ordinance No. 2409/95, and 'he was appointed government subcommissario for acts of management of accounting' special letterhead treasury to "President of the Regional Council - Emergency water"; It expected therefore that has to provide himself the approval of the project of the works mentioned above in order to proceed with their implementation by means of ' "Ente", which provided for implementing the initiative within the meaning and for the purposes of Art. 5 of the Ordinance of the President of the Council of Ministers no. 2409 of 28 June 1995; Order: Art. 1. Approval of the project 1. On the basis of the replacement opinion of the Councillor of Public Works Decree No. 170 of 26 March 1998 under the regional law n. 24/87 mentioned in the introduction, and considerations undertaken in the same premise, and 'approved the "Executive" of the work of the project "Functional Reorganization of distribution Southeast of the piping system Flumendosa Campidano II lotto" the total amount of 12,278,225,848 L. so 'divided: QE award - a) work: award amount 8,856,307,913 B) amounts available: Expropriation 219 892 000 115 000 000 Reclamation archaeological Unforeseen 225 502 616 General expenses 908 551 447 20% VAT 1952971872 ______________ total amount 12278225848