Rathroeen & Derrinumera Landfill Sites-Landfill Gas Utilisation-Design Build Finance & Operate

Quantity or scope

The Scope of the Works comprises the design, build, commissioning and operation of a landfill gas (LFG) to energy system at both Rathroeen and Derrinumera Landfills in County Mayo through a Design, Build, Finance and Operate (DBFO) contract with Mayo County Council.The Contractor will be required to finance the design and installation of the LFG utilisation facilities and to operate and maintain the facilities for the duration of the contract term. The Contractor will retain the right to any energy generated and will be remunerated through the sale of electricity directly to an energy supplier. Further remuneration to the Contractor is available through the support price structure for bioenergy - REFIT (Renewable Energy Feed in Tariff) - should he be accepted onto the programme. The Contractor will hold the power purchase agreement with the energy supply company and he will pay a royalty contribution to Mayo County Council for the rights to the LFG being generated at the landfills.Mayo County Council will make available a site at each of the landfills for the Contractor to build a secure compound for his plant. The areas available to the Contractor are as set out on the Tender Drawings. The Contractor will be responsible for the design, financing and building of the compounds.The Contractor will be responsible for obtaining all planning permissions (if required), licences, power purchase agreements, electricity grid connections and acceptance onto the REFIT programme.The provision of the service will include the supply, operation and maintenance of all equipment and plant, production and export of electricity to the electricity grid, liaison with the national grid distribution system operator and flaring of excess and by-pass gas.The initial contract will be for a period of ten years. However the Employer will retain the right to terminate the contract after a period of three years. Should the Employer choose to activate this right; a Breakout Charge will be made to the Contractor to allow him recoup his capital investment in the facilities constructed at the sites. The only facilities, for which the contractor may recoup his capital investment on, are the electricity grid connection and the LFG Utilisation Compound. It is envisaged all other plant shall remain the property of and be removed by the contractor. The Contractor will be required to include in his tender submission the value of the Breakout Charge they would require at years four to ten. No payment for breakout charge shall be made by Mayo County Council after year ten.Should the Contractor default on his obligations under the contract or voluntarily withdraw from provision of the service, Mayo County Council will not make any payment to the contractor or be in any way liable for costs incurred by the contractor.The Contract will include:1 Assessment of contract documentation, surveys (both above ground level and below ground level, as appropriate), investigations (both above ground level and below ground level, as appropriate), preliminary design, preparation of preliminary construction documents, detailed design, preparation of final construction documents, alterations to construction documents as agreed with the Employer’s Representative, submission of materials and plant for approval by the Employer’s Representative.2 Obtain all necessary planning permission for the LFG utilisation compound and plant at Rathroeen and Derrinumera Landfills, secure grid connection offers from the ESB, liaise with the ESB to determine what additional infrastructure, if any, is required to connect the facilities to the grid, finance the grid connections, negotiate with and agree a power purchase agreement with an energy supply company, apply for acceptance onto the REFIT programme, provide all information required by the Employer to submit a Specified Engineering Works (SEW) report to the EPA.3 Supply of materials and plant and construction of landfill gas utilisation compounds inclusive of hardstanding areas, fencing and gates, access roads, ESB substation buildings and switchrooms, plinths, ducting for electrical, telemetry, lighting, and CCTV services, water supplies, surface water drainage, bunded oil/chemical storage, connection to existing landfill gas transport pipelines and accommodation for staff and all ancillary site works associated with the construction of the works including integration with the existing flares in accordance with the Employer’s Requirements. Tenderers shall note that the existing landfill gas flares (as detailed in the Contract Documents) must be maintained in operation at all times during the construction of the works. Tenderers shall therefore design and programme his works accordingly.4 Supply of all Mechanical and Electrical materials and plant, Control and Automation equipment, commissioning of the landfill gas utilisation plant, liaising and working with the ESB in commissioning of grid connections.5 Carrying out of the performance Tests on Completion and After Completion to demonstrate that emissions from the gas utilisation plant and flares are within the limits allowable by the Waste Licences for Rathroeen and Derrinumera Landfills.6 Remedying any defects therein.7 Operation of the landfill gas utilisation plant for a total period of ten years to meet the Employers Requirements.8 Provision of replacement equipment as required for the complete operation of the landfill gas utilisation plant within the limits allowable by the Waste Licences for Rathroeen and Derrinumera Landfills.9 Provision of all personnel, plant, equipment and consumables required to operate the landfill gas utilisation plant.10 The Tenderer shall include for any other item that is considered necessary for the effective design, construction, commissioning, operation and maintenance of the works.The Contractor shall maintain the existing flares in an operational state throughout the duration of the contract in readiness for their return to use on completion of this contract.

Additional information

Mayo County Council undertakes to use its best endeavours to protect commercially sensitive information provided in the tender subject to the Council’s obligations under Law including the Freedom of Information Acts 1997 and 2003. Should a tenderer consider that any of the information supplied in the tender should not be disclosed because of its commercial sensitivity, the tenderer should, when providing the information, identify the information and specify the reasons for its commercial sensitivity. The overall tender price will, as a matter of course, be available to the public outside the scope of the Freedom of Information acts. Where information is identified as being commercially sensitive and provided supporting reasons have been submitted, the Council will consult with the tenderer about the release of this information under the Freedom of Information Acts. If, having considered any submissions made, the Council is of the opinion that the information should be released against the wishes of the tenderer, there is a right of appeal against the decision to the Information Commissioner. Please note that if no information is identified as commercially sensitive, with supporting reasons, then it may be released by Mayo County Council in response to a request under the Freedom of Information Act without any consultation with the tenderer.

All costs incurred by Applicants in preparing submissions must be borne by them. The Contracting Authority accepts no liability for these costs, irrespective of the outcome of the competition, or if the competition is postponed or cancelled.

By participating in this tender process, Applicants acknowledge that there does not exist any contractual or quasi contractual relationship between the Contracting Authority and any Applicant prior to the execution of a formal contract. The Contracting Authority will not accept responsibility for responses that are lost or damaged in the post.

(ET Ref:219392).

Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them

This project will comprise a Contract between the Successful Contractor and the contracting authority (Mayo County Council) for the Design, Build, Finance and Operate as set out in the Instructions to Tenderers and Employer’s Requirements. The successful contractor shall be remunerated through the sale of electricity to an electricity supplier.

Other particular conditions

Evidence that the Tenderer is operating the Construction Industry Federation Pension/Sick Pay Scheme and a Tax Clearance Certificate or a Sub-Contractor’s C2 Certificate, within the specified period. In the case of a non-resident Tenderer, a statement from the Revenue Commissioners in lieu of a Tax Clearance Certificate will be required as to the suitability of the Tenderer, on tax grounds, to be awarded the Contract. Failure to produce the required documentation within a reasonable time may disqualify the Tenderer.