GOVERNMENT COMMISSIONER view the order of the President of the Council of Ministers no. 2409 of 28 June 1995 by which the President of the regional council and 'was appointed, in accordance with 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; Given the order of the government commissioner for the water emergency in Sardinia n. 7 of 26 July 1995, by which the Regional Minister of Public Works, pursuant to art. 2 of the above order of PCM n. 2409/95, and 'he was appointed subcommissario government; Given the inter-ministerial decree public works and environment n. 8443/24/2 11 October 1995, with whom and 'was named the Scientific Committee provided for in art. 7 of the aforementioned Ordinance No. PCM. 2409/95, with the task to assist the deputy commissioner for planning interventions during the emergency phase; I testify that, pursuant to art. 1 of the Ordinance PCM n. 2409/95, the government commissioner, and 'was delegated to define, within sixty days from the publication of that order in the Official Gazette, occurred on July 7, 1995, a program of measures needed to deal with the emergency situation; Expected that by order of the government commissioner n. 7/95, art. 2, the government subcommissario, and 'been delegated, among other things, to carry out the duties of investigation and proposed in order to prepare the program of measures needed to deal with the emergency situation, including the identification of the works to be performed and implementing entities; Since the government commissioner on the proposal of subcommissario, with note no. 67 of 6 September 1995, he sent, pursuant to art. 1 of the Ordinance PCM n. 2409/95, the program of measures to the relevant ministerial bodies, for the purposes of preventive acknowledgment, and to CIPE for due information; Having regard to its ordinance no. 25, dated 30 December 1995, by which, at the proposal of the government subcommissario, and 'was brought into force in 1995 operating a first phase of that program; Given that among the works envisaged by the said first operating excerpt are also included the work "Connecting plant Is Arenas wastewater to Simbirizzi tank"; 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, to be carried out in two separate lots, for a total of L. 20 billion, and '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 -Emergenza 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: "President EAF for wastewater system connection Is Arenas in Simbirizzi tank"; Since that accounting 'special' was activated with the n. 1701/8; Since on that accounting 'poured, out on accounting' special n. 1690/3, the sums necessary for the implementation of the intervention in question; 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 '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, of the Ordinance PCM n. 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. 44 of 18 June 1996, with which 'was approved, among others, the final project "Connecting plant Is Arenas wastewater tank to Simbirizzi first batch" with the simultaneous expectation for the realization of the same batch to' "Ente" for a total of L. 5.7 billion; Given the decision of the Board of '' Ente "adopted on February 24, 1997 under No. 85/97, adoption of the final design of the first batch of the work "Link Is Arenas wastewater plant Simbirizzi" tank, be written by Di Vincenzo Spa in Caltanissetta, awarded the work with a fall on the starting price equal to 10.451%, corresponding to ITL 397 401 980, which presents the following economic conditions: in pounds in pounds __ __ a) work A1) Amount body works 3802525881 A2) bypass gross amount 134 500 000 A3) Adding 3,937 gross jobs .025.881 A4) to be deducted auction downward 10.451% 411 458 575 A5) remain the work net 3,525,567,306 B) Amounts available B1) Expropriation 133,857,058 B2) of telephone connection charges 10,000,000 B3) of connection charges Add up lines Enel 170,000,000 313,857,058 C) Contingencies C1) Contingencies 177 902 038 C2) Price decrease of 411 458 575 589 360 613 D Add up auction) Overheads D1) General expenses 410 907 652 410 907 652 E) VAT 19% A5 (works net) 669 857 788 19% of A4 (auction downward) 78,177,129 19% 1,900,000 B2 B3 32.3 million 19% 19% D Add up 78,042,454 860,307,371 Amount _____________ overall. . . 5700000000 Given the No vote. 350 of 9 April 1997 by which the Regional Administrative Technical Committee of Public Works expressed competent opinion in accordance with the regional law 22 April 1987 n. 24; Since the economic picture shown, highlights the need 'occurred during the final design, the creation of a "bypass" for testing and provisional activation of the plant, entailing additional expenditure of L. 134.5 million, on which the company has granted the same percentage decrease of 10.451%, corresponding to L. 14,056,595, with a greatest burden and 'imputable to enforce the unexpected voice of the economic situation referred to in that order no. 44/96; Expected altresi 'that the economic picture does not show the reduction of the auction and all consequent economies, such sum to be deducted from the total amount made available to the' "body" with the act of entrustment; Since with the order no. 44 of 18 June 1996 in conjunction with approval of the commissioner the final design of that question, and 'proceeded to approve its economic situation as well as' to make explicit in the device of the same in paragraphs 7 and 8 of art. 2 that:. ".As A result of completion of the tender procedures for the award of works, economies are made on the amount foreseen for the work specified in the tender, the same are automatically deducted from the reporting of the related economic framework above and, proportionally from the item tax on jobs. These savings will be reprogrammed by the government 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); consequently expected the need 'who, because of all the above reasons, the question of the intervention that economic conditions must be so' amended as follows: economic framework economic picture changed reductions __ __ __ A) Work A1) Contract value 3802525881 A2 )TO inferred downward auction 10.451% 397 401 980 A3) Amount award 3405123901 A4) 134 500 000 Amount bypass A5) to be deducted 10.451% 120,443,405 14,056,595 _____________ A6 to A4) Add up jobs 3,525,567,306 B) Amounts available B1) Expropriation 133,857,058 133,857,058 B2) of telephone connection charges 10,000,000 10,000,000 B3) in connection Enel expenses 170,000,000 170,000,000 313,857,058 Add up _____________ C) Contingencies 177 902 038 177 902 038 D) General expenses 410 907 652 410 907 652 E) VAT 19% A6 (work) 669 857 788 669 857 788 19% A2 (auction downward) 75,506,376 75,506,376 2,670,753 2,670,753 19% A5 19 % B2 1,900,000 1,900,000 19% B3 32,300,000 32,300,000 19% 78,072,454 78,072,454 D Add up _____________ _____________ ___________ _____________ total amount 782,130,242 5,700,000,000 489,635,684 5,210,364,296 As the 'act of determination commissioner n. 14 of July 1, 1996 with whom and 'commitment of expenditure was made for the total amount of L. 5.700.000.000 on the chapter on the intervention of that issue as well as' the first payment of the Entity of The sum . 712.5 million in conformity 'to the above order no. 44/96; Given the need 'to provide for the withdrawal of the sum representing the savings made, totaling L. 489,635,684; Expected therefore that the proposal of the government should provide themselves subcommissario 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 set out in '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. Taking into account the opinion of the Regional Administrative Technical Committee referred to the regional law n. 24/87 mentioned in the introduction, and considerations undertaken in the same premise, proposed by the government subcommissario for the water emergency in Sardinia, the Regional Minister of Public Works, prof. Paolo Fadda, and 'approved: the "executive" of the work of "Connection Is Arenas wastewater plant Simbirizzi tank - first batch" the total amount of 5,210,364,296 L. so' divided: Economic economic framework framework reductions modified __ __ __ a) work A1) Contract value 3,802,525,881 A2) to be deducted auction downward 10.451% 397 401 980 A3) Amount award 3405123901 A4) bypass Amount 134 500 000 A5) to be deducted 10.451% A4 14,056,595 120,443 .405 _____________ A6) Add up jobs 3,525,567,306 B) Amounts available B1) Expropriation 133 857 058 133 857 058 B2) of telephone connection charges 10,000,000 10,000,000 B3) in connection Enel expenses 170,000,000 170,000,000 Add up _____________ 313 857 058 C) Contingencies 177 902 038 177 902 038 D) General expenses 410 907 652 410 907 652 E) VAT 19% A6 (work) 669 857 788 669 857 788 19% A2 (auction downward) 75506376 75,506,376 19% A5 2,670,753 2,670,753 19% 1,900,000 19% 1,900,000 B2 B3 32,300,000 32,300,000 19% 78,072,454 78,072,454 D Add up _____________ _____________ ___________ 782 130 242 _____________ Total 5,700,000,000 489,635,684 5,210,364,296