## 3.5.2 Non-performance Damage for failure to meet the Chemical Consumption Guarantee 

## 3.5.2.1 Chemical Consumption Commitment for Sludge Conditioning 

The non-performance damage to be paid to the Employer by the Contractor in the event of the actual consumption is more than committed shall be calculated as follows: 

Value = [kg Polymer/kg SS dewatered (actual) – kg Polymer/kg SS dewatered (committed)] x annual suspended solids load x cost of chemical x N 

kg Polymer/kg SS dewatered (actual) = the measured and calculated chemical consumption in kg Polymer/kg SS dewatered as follows: 

Actual annual chemical (Polymer) consumption measured for sludge conditioning as explained above divided by the actual annual dewatered solids, measured 

kg Polymer/kg SS dewatered (committed) = committed chemical consumption in kg Polymer/kg SS dewatered as follows: 

Unit rates given in Schedule 11.4 by the Contractor shall be calculated according the actual SS load as explained above. 

Annual Suspended Solid load is the average SS load for Stage 1 which is 2,317,020 kg 

Cost of chemical (dry polymer) = 3,000 € / ton 

N; a fixed number as determined by the Employer ( 10 in here) 

## 3.5.2.2 Chemical Consumption Committed for Phosphorus Removal 

The non-performance damage to be paid to the Employer by the Contractor in the event of the actual consumption is more than committed shall be calculated as follows: 

Value = [kg FeCl$_{3}$/kg TP removed (actual) – kg FeCl$_{3}$/kg TP removed (committed)] x annual TP load x cost of chemical x N 

kg FeCl$_{3}$/kg TP removed (actual) = the measured and calculated chemical consumption in kg FeCl$_{3}$/kg TP removed as follows: 

Actual annual chemical (FeCl$_{3}$) consumption measured for phosphorus removal as explained above divided by the actual annual removed total phosphorus, measured 

kg FeCl$_{3}$/kg TP removed (committed) = committed chemical consumption in kg FeCl$_{3}$/kg TP removed as follows: 

Unit rates given in Schedule 11.5 by the Contractor shall be calculated according the actual TP load as explained above 

Annual Total Phosphorus is the average TP load for Stage 1 – 2032 which is 82,855 kg 

Cost of chemical (40% FeCl$_{3}$) = 250 € / ton 

N; a fixed number as determined in the Employer Requirements (10 in here) 

