Request
Provide the full text of the following
contract:
Energy Recovery Facility (‘ERF‘) Construction Works Including all Buildings, Infrastructure
and Works for the North London Heat and Power Project (‘NLHPP’):
https://ted.europa.eu/en/notice/-/detail/125906-2022
If it is not possible to provide the full text of the following contract, I would kindly appreciate
the following details instead.
The details I am interested in are :
- What is the full contract scope of construction work for the ERF plant, including whether it
covers design, engineering, procurement, construction, commissioning, or any other
related activities?
- What are the deliverables outlined in the contract, such as project documentation,
detailed designs, installation of equipment and systems, on-site construction work, testing,
commissioning and handover, as well as operational training for the facility or other?
- How many tons of waste per year the facility is capable of processing?
- What are the details on the payment terms outlined in the contract, specifically regarding
any milestone-based payments, advance payments upon contract signing, bank
guarantees, and whether price adjustments are allowed under approved change orders
detailing cost and schedule impacts?
- What are the project timelines and key milestones outlined in the contract?
- What are the details on any guaranteed outputs that must be met under the contract,
specifically regarding the required waste processing capacity (in tons per year), compliance
with emission limits, and the electricity production and efficiency levels the facility must
achieve?
- What are the details on the provisions regarding the testing and commissioning process
outlined in the contract, including any performance guarantees to be validated and the
provisions for rectification at the contractor’s expense in case of failure to meet
performance criteria?
- What are the details on the contractor's responsibilities outlined in the contract, including
responsibility for design errors, delays, and compliance with performance requirements, as
well as obtaining necessary approvals for construction and operational permits, and
managing the disposal of waste generated during construction while ensuring
environmental compliance?
- What are the details on the employer's responsibilities outlined in the contract, including
ensuring site access, providing necessary utility connections (such as electricity and
water), and facilitating regulatory permits and approvals or other?
- What are the contract details regarding the warranties and defect liability provisions
outlined in the contract, including the warranty period, the contractor’s responsibility for
rectifying defects, and any provisions for the employer to undertake repairs at the
contractor’s expense if defects are not rectified within a reasonable timeframe?
- What are the details details regarding the liquidated damages and penalties outlined in the
contract, including penalties for delays in meeting contractual milestones or delivery
deadlines, penalties for shortfalls in waste processing capacity, energy efficiency, or
emissions compliance, and the maximum cap on total penalties or toher?
- What are the details regarding the site preparation responsibilities outlined in the
contract, including the contractor’s obligations for all preparatory work, such as
establishing temporary facilities, constructing access roads, and setting up utilities and
other?
- What are the details regarding the employer's responsibility to ensure the availability of
water, electricity, and other essential utilities during construction?
- What are the details regarding the environmental and safety compliance laws, guidelines,
and other regulations that apply to the contract?
- What are the details regarding the safety measures the employer must comply with under
the contract?
- What are the details regarding the intellectual property and confidentiality provisions
outlined in the contract, including the ownership of all design documentation and project
deliverables by the employer, and the contractor's responsibility to provide all required
licenses for software, equipment, and processes?
- What are the details regarding the governing law and dispute resolution provisions
outlined in the contract, including any provisions related to mediation or international
arbitration arising from disputes?
- What are the details regarding the contractor's insurance obligations outlined in the
contract, including construction all-risk insurance, professional liability insurance,
employer’s liability insurance, and the requirement for insurance policies to remain valid
throughout the project duration?
- What are the details regarding the change management provisions outlined in the
contract, including the requirement for documenting and approving all changes to project
scope, schedule, or costs in writing, and the contractor's obligation to provide detailed
estimates of the impact of proposed changes?
- What are the details regarding the training provisions outlined in the contract, including
the contractor’s responsibility to train the employer’s operational staff before handover?
- What are the details regarding the handover process outlined in the contract, including
any phased handover stages?
Response
We can confirm that North London Waste Authority (the "Authority") holds the
information on the subject you have requested as it is a party to the ERF contract
referenced within your Request (the "Contract").
From our preliminary assessment, it is clear that we will not be able to answer your
request without further clarification.
Section 12 of the Freedom of Information Act 2000 makes provision for public authorities
to refuse requests for information where the cost of dealing with them would exceed the
appropriate limit. This is established by the Freedom of Information and Data Protection
(Appropriate Limit and Fees) Regulations 2004 (SI 2004/3244).
In order to provide you with the information on the scale that you have requested, it
would require the Authority to locate, retrieve, review and extract information contained
within approximately [700] contract documents. The Authority would also need to assess
its ability to disclose this information in accordance with the provisions of the Act.
We estimate that it will take us in excess of the applicable time limit to determine the
appropriate material and locate, retrieve and extract the information in reference to your
request. Therefore, your request will not be processed further.
You may wish to refine your Request by narrowing its scope by being more specific about
what information you particularly wish to obtain, including any dates or period of time
relevant to the information required.
Public Domain
On review of your Request, you may find it helpful to review publicly available information.
To assist, we have included some relevant websites below to provide further detail on the
ERF:
- Development Consent Order: The North London Heat and Power Generating Station
Order 2017; - OJEU Notice outlining the scope of the ERF Works: Energy Recovery Facility ('ERF')
Construction; and - North London Heat and Power Project website: Home | North London Heat and
Power Project.
