We advised FCC Aqualia in the structuring of the Co-financed Private Initiative “Planta de Tratamiento de Aguas Residuales de Chincha” awarded under the Public-Private Partnership (PPP) modality
We advised FCC AQUALIA S.A., a company specialized in the management of the integral water cycle, in the signing of the Concession Contract for the execution of the Project “Tratamiento De Aguas Residuales para Disposición Final o Reúso, Provincia de Chincha, Ica, Perú “. The company established for these purposes, Aqualia PTAR Chincha S.A.C., signed the contract with the Peruvian State, represented by the Ministry of Housing, Construction and Sanitation (MVCS).
The team of Payet, Rey, Cauvi, Pérez Abogados that advised on this operation included Michelle Aramburú, Juan Antonio Egüez, Gerardo Soto and Brenda Sarrín.
The project includes the design, financing, construction, operation and maintenance of the main wastewater collection system of the city of Chincha as well as the necessary infrastructure for its treatment and final disposal of an average total flow of approximately 0.6 m3/s. The main objective of the project, whose investment amounts to US$ 250 million, is to provide adequate treatment and final disposal of the wastewater generated in seven (7) districts of the province of Chincha, for the benefit and improvement of the quality of life of the families from that city. On the other hand, the operation and maintenance costs will be remunerated through temporary co-financing from the MVCS and the rate that the regulatory body assigns to the SEMAPACH Provider Company for the project.
Our work involved comprehensive advice in all its previous stages of structuring and transaction, as well as accompaniment in the actions required to comply with the requirements of the Closing Date, agreements with third-party service providers and signing of the respective Concession Agreement.
With our advice, the client was able to complete this important milestone that kicks off the execution of the project. To this date, our client organizes the actions corresponding to the preparation of the respective technical file. In addition, this case was particularly complex because the magnitude of an administrative concession is, in itself, of great magnitude and requires rigorous management and analysis from its formulation to compliance with each requirement necessary for its award and signing of the contract.
