Construction and Operation of a New

Lviv – Krakovets Highway

Concession Tender Overview

Kyiv - 2015

THE STATE ROAD AGENCY OF UKRAINE

(UKRAVTODOR)

The development of a country’s road infrastructure is essential for its modernization. The government of Ukraine, cognizant that the country lacks modern highways, is embarking

upon a bold effort to develop the country’s infrastructure. Considering that the construction of new highways requires considerable investment public-private partnership (PPP)/concession is one of the best mechanisms for attracting investment. Cabinet of Ministers of Ukraine recently allowed the launching of a concession tender for construction and operation of a 84.4 km toll road between Lviv, Ukraine’s seventh largest city and the Krakovets on the border with Poland. The road will connect Ukraine with Poland’s existing highway infrastructure.

This tendering of the construction of the Lviv-Krakovets road and related concession shall serve as a pilot project.

If successful, it shall be used as a model for similar road projects in the future, including two potential future toll road concessions, divided into two phases, which the State Road Agency of Ukraine (Ukravtodor) has already identified. Ukravtodor is pursuing a public-private partnership / concession in order to quicken the development of modern highways in Ukraine. Furthermore, the concession approach will lessen the burden on the national budget, both during the construction and operation of the toll road. The PPP approach is also intended to improve the quality of road construction.

Introduction

The New Lviv-Krakovets Highway:

Background Information

Background Information:

•The existing Lviv-Krakovets (M10) road belongs to the international transport corridor №3 Berlin / Dresden-Wroclaw-Lviv-Kyiv (European transport network TEM-T);

•The M-10 passes through a number of population centers, leading to increased accidents, environmental degradation and the need for low speed limits;

•The new 84.4 km road of the 1-A category is designed to bypass the population centers of the northern part of area by construction of a bypass road.

•The new highway will connect Ukraine and Poland at the Krakovets border crossing, which has a capacity of 5,000 trucks per day.

•Ukravtodor has set aside the necessary land for the highway and developed the concession bidding documentation according to international best practices.

•Rules for any concession tender and its timing was approved by Cabinet of Ministers of Ukraine Resolution № 1521.

•The selection Committee meeting will include the Lviv Regional State Administration.

•When the tender is ready it will be printed in official media (Governmental newspapers "Golos Ukrainy” and "Uriadovy Kuryer") and websites.

The New Lviv-Krakovets Highway:

Concession Tender Preparation Background

2003

• Construction documents were developed and approved, bringing the idea to the project stage

2004

• Land acquisition documentation was developed and approved

• The archaeological inspection was completed

• Land officially was set aside for construction of the highway

2013

• A competition commission was created for the concession tender

• The tender documentation was developed with the support of international consultant (EGIS Ukraine) and the conditions of competition.

The Legal Basis of PPPs

Construction and operation of concession roads in Ukraine are regulated by the laws of Ukraine, decrees, orders and legal acts of the Government.

The most relevant laws are:

• The Law on Roads • The Law on Concessions • The Law on Concessions for Construction and Operation of Roads • The Law on the Sources of Financing the Road Sector • Law on Public-Private Partnerships

These laws include provisions for:

• Compensation in a case actual traffic flows are lower than predicted • Separate concessions for reconstruction, major repairs and operation of roads • Different payment models (e.g. tolls, availability payments, subsidies and

compensations) • State support of the PPP through project co-financing and provision of state

guarantees

The main concession terms include:

• The concessionary is Ukravtodor, the State Road Agency of Ukraine, which falls under the authority of the Ministry of Infrastructure of Ukraine

• Ukravtodor will provide the land necessary for construction of the new highway

• The concessionaire provides 100% of construction financing

• Toll revenue will be directed to the State budget of Ukraine

• The concessionaire assumes the risk of construction and operation cost overruns

• Government makes decisions on granting concession, payment mechanism, state guarantees provision and maximum fares

Source of investment reimbursement includes:

• Availability payments from public partner

The main criteria for determination of the tender winner:

• Demonstrated experience in similar projects and financial conditions

• Ability to complete and open the highway within the allotted time or faster

• Cost competitiveness

The New Lviv-Krakovets Highway:

Key Concession Terms

Cabinet of Ministers (KMU) approves:

•Terms of the concession tender •Maximum Toll •Ukravtodor assumes management responsibility of the concession

Concessionaire Constructs New

Highway

• Forms agreements with insurance companies •Secures loan (if necessary) •Forms all necessary construction and operations-related contracts

Concessionaire completes

construction

• Ukravtodor awards fee for operational readiness upon approval of completed highway

Toll highway begins operations

• Tolls paid are transferred to the state budget

• Ukravtodor receives a portion of these payments

Concession Process and Financial Structure

Location of Current Road and Planned Highway

Lviv - Krakovets

Броди

Краковець

Львів

The planned highway between Lviv and Krakovets (84.4 km)

The existing M-10 road with bypass around Lviv (109.3 km) Existing traffic flow: 8400 cars/day

Main Technical and Economic Parameters

Lviv-Krakovets Road

Road length 84.4 km

Road category 1-А

Number of lanes 4

Lane width 3.75 m

Width of subgrade 27.5 m

Road shoulder width 3.75 m

Area of land allocation 570 hectares

Estimated period of construction 4 years

Estimated construction speed 120 KM/year

Intended potential traffic flow 14-18,000 vehicles/day

Concession term 49 years

Volume of earthworks 16.6 million m3

Adjacent structures (viaducts, overpasses, etc.) 169

Transport intersections in different levels 4

Intersections and junctions 31

Guard rails/barriers 349.7 km

Platform for petrol stations 4

Large platform for vehicle servicing 4

Small platform for vehicle servicing 2

Recreational areas 4

Public transportation infrastructure 4

The Lviv-Krakovets highway is ready for construction to begin. Since the beginning of the project:

• Project documentation for the construction of an 84.4 KM highway has been developed and approved by the Government

• The draft of land acquisition has been developed and approved • Preliminary works for the first stage of construction are completed • Archaeological works are carried out • Plots of land for road construction are allocated • Working documentation for the first and third phase of construction is prepared

Status of Project

Contact Information

Sergii Pidhainy

Head of Ukravtodor

Tel: +380 44 287 24 05

Fax: +380 44 226 22 81

forec@ukravtodor.gov.ua

Tereziya Babych

Head of International Cooperation and Investment Division, Ukravtodor

Tel. +380 44 287 74 08

Fax: +380 44 287 41 18

tereziya@ukravtodor.gov.ua

www.ukravtodor.gov.ua