PERFORMANCE TESTING AND PERFORMANCE GUARANTEES

Performance Metrics for Successful Performance Testing at Final Completion

Purpose

The overall purpose of the Performance Testing is to provide a basis for determining the end of the responsibility of the Design/Builder for Final Completion, and release from any performance related damages associated therewith, by demonstrating that that all equipment is installed according to vendor recommendations and specifications, using accepted engineering design criteria and construction standards, and that the Project will perform as designed for a specifically set period of time subject to the terms of the Agreement.

The Performance Testing will consist of two operations tests. The first is a Facility Reliability Test, which is designed to validate the functional integrity of the mechanical and electrical equipment and the control interfaces. The second is the Integrated Facility Performance Test, which is designed to demonstrate that the facility meets the Performance Criteria outlined in Table xxx. Each test will be conducted for seven (7) days. The tests may take place at the same time. However, more than likely, there will be a delay after the facility Reliability Test to enable the Production Ramp-up. Design/Builder will provide staff to assist the operations staff and verify tests are being accomplished per the proper protocols.

Performance Testing Pre-Requisites and Division of Responsibilities

Owner and Design/Builder each have significant responsibilities prior to the Performance Testing. Table 1 summarizes the pre-testing responsibilities of each.

Table 1 – Performance Testing Pre-Requisites and Responsibility Matrix

The Performance Test will be performed for purposes of Final Completion as a 7 consecutive running day test while processing the design chicken manure and generating the design electrical, digestate, and fertilizer outputs as described below. Test will restart at any point Design/Builder may determine the down time prohibits meeting the goal or if the goal is not met at the end of the 7 days.

It will be Owner’s responsibility to provide sufficient input material supply meeting the specifications below at the time necessary to operate the Facility at the design capacity noted below. Testing shall be suspended for any period where Owner does not meet its responsibility, and Contractor shall be reimbursed for costs incurred from such suspension per the Change Order provisions of the Agreement.

Facility Reliability Test

Design/Builder shall perform a 7-day Facility Reliability Test to validate the facility will operate without major equipment failures and to prove the functional integrity of the mechanical and electrical equipment and the control interfaces of the respective components that comprise the facility. Equipment will be operated per the Basis of Design (BOD), utilizing feedstocks outlined in the BOD. If, during the Facility Reliability Test, the aggregate amount of time used for repair, alteration, or unscheduled adjustments to any equipment or systems that renders the affected equipment or system inoperative exceed 10 percent (16.8 Hours) of the Facility Reliability Test, the demonstration of functional integrity will be deemed to have failed. In the event of failure, a new Facility Reliability Test will re-commence after correction of the cause of failure. The new Facility Reliability Test shall have the same requirements and duration as the Facility Reliability Test previously conducted.