### NOTICE TO BIDDERS

INVITATION TO BID

UNIT 3 SCR CATALYST LAYER REPLACEMENT

At the

MCINTOSH POWER PLANT

September 1 , 201 5

BID NO. 5 26 6 A

Sealed bids will be received by the Purchasing Manager, City of Lakeland, Florida 1140 East Parker Street, Lakeland, Florida 33801 until 3 :00 p.m.

– Wednes d ay

– September 2 3 , 201 5

. Bids received after this specified time and date will not be considered. The sealed bids will be publicly opened and read

aloud on the same date and time in the office of the Purchasing Manager for the following:



### Bid Documents may be accessed by visiting our Website at http://www.lakelandgov.net/purchasing or by contacting the City of Lakeland Purchasing Division @ (863) 834

- 6780. Bid Documents are Required for Bid

Submittal . Any Bidder that Does Not Have a City of Lakeland Oracle iSupplier Number Should Visit the Above Website and Register as an Oracle Supplier

.

THE SERVICES OF A QUALIFIED AND EXPERIENCED VENDOR TO P ROVIDE REPLACEMENT SCR CATALYST MODULES FOR ONE (1) CATALYST LAYER PER

EXI S TING SELECTIVE CATALYTIC REDUCTION (SCR) REACTOR. THERE ARE TWO (2) SCR REACTORS, SO TWO (2) REPLACEMENT LAYERS WILL BE REQUIRED.

VENDOR SHALL FABRICATE, FURNISH AND DELIVER THESE MODULES FOB JOBSITE TO THE MCINTOSH POWER PLANT (JOBSITE). INSTALLATION WILL BE

SELF

- PERFORMED BY OWNER. VENDOR SHALL PROVIDE TECHNICAL ASSISTANCE DURING INSTALLATION, START

- UP AND T ESTING IF REQUESTED. T HE BIDS SUBMITTED AND THE CONTRACT, IF AWARDED, SHALL BE IN COMPLETE ACCORDANCE WITH, WITHOUT LIMITATION, THIS INVITATION TO BID,

SPECIFICATION NO. SPC1501 5 , ALL CODES, REQUIREMENTS AND REGULATIONS

REFERENCED THEREIN.

Questions reg arding this invitation to bid should be in writing and should reference the above Bid number. Submit all questions to Mr s

. Tara Walls

, Senior Purchasing Agent, via e

- mail at purch@lakelandgov.net or fax (863) 834

- 6777.CLARIFICATION OF DOCUMENTATION

Bidders requiring clarification or having a dispute with these documents must advise the City Purchasing Division the nature of the required clarification or b asis of the dispute, in writing, no later than September 1 1

, 20 1 5

. If no written contact has been made by this specified date, the Bidder waives the right to any future consideration and accepts the documents as published and/or revised by the City. Note: Any use of brand names (manufacturer) in this invitation and specifica tion is for Bidder convenience only and shall not limit this offering. Equal or better equipment and alternate bids may be given consideration.

FLORIDA PUBLIC RECORDS LAW

Bidder’s submittal information shall be subject to Chapter 119, Florida Statutes, generally known as the “Florida Public Records Law.” This statute provides that all documents, papers, records and similar material produced or received by an agency or political subdivision of the State are subject to public inspection and review under

r easonable conditions and at reasonable times. Accordingly, unless specifically exempted by law, all bids and materials received with bids, marketing information, quotations, proposals, specifications, correspondence, forms, contracts, bonds, financial sta tements, prospectus, corporate resumes, product summaries, lab reports, inspection and test reports and any other such material will be considered a matter of public record. The City and its staff cannot regard any document, information or data as proprie tary or confidential unless so advised by the City Attorney.

Additionally, should a Contractor enter into an Agreement with the City, the Contractor shall comply with Florida Statute Chapter 119, the Florida Public Records Act as it relates to records ke pt and maintained by Contractor in performance of services pursuant to this Agreement. In accordance with Florida Statute § 119.0701, Contractor shall be required to provide public access to such records at a cost that does not exceed the statutory requir ements or as otherwise provided by law. In the event any such records are exempt or confidential from public records disclosure Contractor shall ensure that those records are not disclosed except as authorized by law. Contractor shall meet all requiremen ts for retaining public records and shall transfer at no cost to the City, all public records in possession of the Contractor upon termination of the Agreement and destroy duplicate public records that are exempt or confidential and exempt from public reco rds disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology system of the City.

EXPARTE COMMUNICATION

Please note that to insure the proper and fair evaluation of a bid, the City of Lakeland prohibits exparte communication (i.e., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Exparte commu nication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation or any future bid.

PUBLIC ENTITY CRIMES

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,

or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

DRUG

- FREE WORKPLA CE CERTIFICATION

By submitting a bid in response to this Invitation to Bid, you are certifying that your company is a drug

- free workplace in accordance with Florida Statute 287.087.CONFLICT OF INTEREST / STATEMENT OF NON

- COLLUSION

The award her eunder is subject to Chapter 112, Florida Statutes. All respondents must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Lakeland. Further, all respondents must disclose the name of any City of L akeland employee who owns, directly or indirectly, an interest of five percent (5%) or more of the respondent’s firm or any of its branches.

The respondent shall certify that he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the bid and that the respondent is not financially interested in, or otherwise affiliated in a business way with any other respondent o n the same land or improvements.

INSURANCE AND SAFETY REQUIREMENTS

All insurance shall be secured from or coun tersigned by an agent or surety company recognized in good standing

and authorized to do business in the State of Florida.

The Contractor shall, within ten (10) days of notification of award and prior to commencement of work, take out and maintain in full force and effect minimum insurance coverage as specified in the attached requirements. This insurance shall remain in force and effect th roughout the duration of the contract.

A certificate of existing insurance coverage should be submitted with the bid as proof of insurability

. I f the current coverage does not meet the bid requirements then the Bidder should request an affidavit of insur ability

from the Bidder’s insurance agent that certifies the requirements can and will be met. Failure to provide adequate insurance coverage may be cause for disqualification as non

- responsive to the bid requirements.

The Contractor agrees to accept and abide by the City of Lakeland safety regulations in complete accordance with the attached requirements.

INDEMNIFICATION AGREEMENT

The C ontractor agrees to indemnify and hold harmless the City of Lakeland in complete accordance with the

attached requirements. This agreement shall be signed , notarized and returned with the bid submittal. Failure to provide the Hold Harmless Indemnification Agreement may be cause for disqualification as non

- responsive to the bid requirements.

ADDENDA

It is the Bidder’s responsibility to contact the Purchasing D ivision prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda and return executed addenda with the bid.

The failure of a Bidder to submit acknowledgement of an y addenda that affects the bid price(s) may be considered an irregularity and may be cause for rejection of the bid.

TERMS AND CONDITIONS OF AGREEMENT

A copy of the agreement to be entered into with the successful bidder i s included with this bid as Attachment “A”, should the City require such.O RACLE iSUPPLIER AND SOURCING

In addition to accepting ‘hard copy’ competitive sealed bids, proposals and qualifications, the City of Lakeland uses Oracle’s iSupplier and Sourcing to administer the competitive solicitation process, including but not limited to soliciting quotes, sealed bid s , proposals, and qualifications, issuing addenda, posting results and issuing

notification of an intended decision. Bidders are str ongly encouraged to familiarize themselves well in advance of their intention of submitting a proposal to ensure familiarity with the use of Oracle iSupplier and Sourcing. The City shall not be responsible for a Bidder’s inability to submit a proposal by t he end date and time for any reason, including issues arising from the use of Oracle iSupplier and Sourcing.

It is the sole responsibility of the Bidder to ensure that their response is submitted electronically through Oracle Sourcing, and hard copies rea ch the Purchasing Manager, City of Lakeland, Florida, 1140 E. Parker St., Lakeland, Florida 33801, no later than the time and date specified in this solicitation.

BID SUBMITTAL

An original and four ( 4 ) cop ies (collated in sets ) of the bid form supplied by the City of Lakeland and all required bid submittal data including any Bidder generated specifications, drawings, etc., shall be enclosed within a sealed envelope with the words, “ Sealed Bid No. 5 2 6 6 A

– Unit 3 SCR Catalyst Layer Replacement ” and the Bidder’s name and address clearly shown on the outside thereof. Submittals received with less than five ( 5 ) total copies or not submitted on the City of Lakeland Bid Sheets may be disqualified as non

- responsive.

Mailed bids must be received in the office of the Purchasing Manager not later than the time set forth for bid opening. The City of Lakeland, Florida will not be responsible for any lost or late arriving bids sent via the U.S. Postal Service or other delivery services.

The City of Lakeland at its sole discretion reserves the right to waive technicalities or irregularities, to reject any or all bids, and/or to accept that bid which is in the best interest of the City. The award of this bid, if made, may be based on considera tions other than total cost and may be awarded based on various considerations, including, without limitation; Bidder’s experience and/or qualifications, past experience, administrative cost, standardization, technical evaluation and oral and/or written pr esentations as required. The City reserves the right to accept all or part, or to decline the whole, and to award this bid to one (1) Bidder. There is no obligation to buy. The bid, if awarded, will be in the judgement of the City the most responsive to the City’s needs. The City of Lakeland encourages the use of minority and women

- owned businesses as subcontractors or in joint venture arrangements. The City is authorized by Resolution No. 3634 to give preference to local persons, firms or corporations , in an amount of two percent (2%) not to exceed $10,000 of the bid price.

City of Lakeland, Florida

Mark D. Raiford, CPPB Purchasing Manager

Attach.

TTW / tw

Cc: Sharif Ghorab

FileBID SHEET :

UNIT 3 SCR CATALYST LAYER REPLACEMENT

At the

MCINTOSH POWER PLANT

September 1 , 201 5

BID NO. 5 26 6 A

THIS BID SHALL BE VALID FOR SIXTY (60) DAYS FROM DATE OF OPENING

Company Name ______________________________________________________________________________

Company Address

____________________________________________________________________________

City _____________________________________ State _______________________ Zip ________________

Telephone (______) _____________________________ Fax (______) ____________________

____________

E

- Mail Address __

______________________________________________________________________________

The following bid is in strict accordance with the City of Lakeland Invitation to Bid No. 5 2 6 6 A , dated September 1

, 20 1 5 and all attachments referenced therein.

This bid shall contain Total Firm Prices as outlined in Specification No. SPC1501 5

.

A. Total Firm Bid Price for Option #1

– Furnish and Deliver FOB Jobsite all SCR NOx Catalyst Modules Only as Outlined in Section 2.0, 3.0 and all other Sections of the Attached Specification No. SPC1501 5 :

$ ______________________

Written Out ___________________________________________________________________ Dollars

OPTION #1 BREAK

- OUT PRICING :

A.1 Total Firm Break

- Out Price for All Catalyst Modules : $

______________________

A.2 Total Firm Break

- Out Price for Unit Cost of One (1) Catalyst Module :

$ ______________________ / Ea.

A.3 Total Firm Break

- Out Price for All Related Equipment for All Modules :

$

______________________

A.4 Total Firm Break

- Out Price for Freight from Points of Shipment to Jobsite :

$

______________________

B. Total Firm Bid Price for Option #2

– Furnish and Deliver FOB Jobsite all Combination Catalyst (SCR NOx and Mercury Oxidation) Modules as Outlined in Section 2.0, 3.0 and all other Sections of the Attached Specification No. SPC15015: (if offered) $ ______________________

Written Out ___________________________________________________________________ Dollars

Bid Sheet continued on the next page:BID SHEET CONTINUED:

UNIT 3 SCR CATALYST LAYER REPLACEMENT

At the

MCINTOSH POWER PLANT

September 1 , 201 5

BID NO. 5 26 6 A

OPTION # 2 BREAK

- OUT PRICING :

B.1 Total Firm Break

- Out Price for All Catalyst Modules : $

______________________

B.2 Total Firm Break

- Out Price for Unit Cost of One (1) Catalyst Module :

$ ______________________ / Ea.

B.3 Total Firm Break

- Out Price for All Related Equipment for All Modules :

$

______________________

B.4 Total Firm Break

- Out Price for Freight from Points of Shipment to Jobsite :

$

______________________

C. Please Provide Billing Rates Per Hour for Optional Installation and/or Startup Support:

$ _____________________ / Hr.

D. Total Amount Requested for Acceptance of the City of L akeland Indemnification Agreement : (Minimum amount shall be $100.00). $ ______________________

Written Out ___________________________________________________________________ Dollars

E. Total Amount Requested for any Additional Cost of the Insurance as Required for this Bid:

$ ______________________

Written Out ___________________________________________________________________ Dollars

F. Additional Materials Over and Above the Written Scope of Work shall be Billed at Cost Plus ________ Percent (%) and Substantiated with Paid Invoices.

Note: The cost plus material rate will only be utilized for materials purchased outside of the written scope of work and Owner approved in writing prior to ordering.

Bid Sheet continued on the next page:BID SHEET CONTINUED:

UNIT 3 SCR CATALYST LAYER REPLACEMENT

At the

MCINTOSH POWER PLANT

September 1 , 201 5

BID NO. 5 26 6 A

G. Please List a Minimum of Three ( 3 ) Projects that Your Company has Successfully Completed Within the Past Three (3) Years , in an Operating Power Plant, which are of Equal Size, Scope, Magnitude and Complexity as the Project to be Done for the City of Lakeland. This List shall be Specifically Prepared

for this Bid Submittal and Should Include the Name of the Entity and the Name and Telephone Number of a Responsible Individual Qualified to Respond to Questions Concerning Your Company’s Abilities, Costs, Schedules, Etc. Note: Prior successful accomplishment of such equal work will be a

consideration in determining whether the Bidder is qualified to perform the work specified herein.

Company Name Contact Person Telephone No.

1. __________________________________ ________

_________________________ _________________

2. __________________________________ _________________________________ _________________

3. __________________________________ _________________________________ _________________

H. Please State the Name, Address and Telephone Number of the Branch Office that Serves the Lakeland, Florida Area where Technical Expertise is Available:

Name Address Telephone No.

________________________________ _______________________________________ ________________

I. Rates for Each Classification of Labor (Shall be listed below):

Note: These rates will only be utilized for work outside of the written scope of work that has been Owner approved in writing prior to commencement.

Classification Straight Time Overtime

____________________________________ $ _______________ /hr. $ _______________ /hr.

____________________________________ $ _______________ /hr. $ _______________ /hr.

____________________________________ $ _______________ /hr. $ _______________ /hr.

____________________________________ $ ___ ____________ /hr. $ _______________ /hr.

____________________________________ $ _______________ /hr. $ _______________ /hr.

____________________________________ $ _______________ /hr. $ _______________ /hr.

____________________________________ $ _______________ /hr. $ _______________ /hr.

Bid Sheet continued on the next page:BID SHEET CONTINUED:

UNIT 3 SCR CATALYST LAYER REPLACEMENT

At the

MCINTOSH POWER PLANT

September 1 , 201 5

BID NO. 5 26 6 A

J. Please List All Anticipated Subcontractors:

Name of Firm Address and Telephone Type of Craft

__________________________ ________________________________________________ _____________

__________________________ ________________________________________________ _____________

__________________________ ________________________________________________ _____________

__________________________ ________________________________________________ _____________

__________________________ ________________________________________________ _____________

K. As a Responsive Bidder I Have Attached All Required Data as Requested in the Attached Specification

No. SPC1501 5 : ______ Yes ______ No _____________________________________________________

________________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

___________________________________________________________ ______________________

_________________________________________________________________________________ Note: If “No” is checked please explain: Failure to comply with specification requirements may be cause for bid disqualification.

L. Please List Any and All Exceptions or Clarifications to this Bid or the Referenced Specification: Note: Failure to note any exceptions or clarifications shall be construed as a total compliance Statement. ___

___________ _________________________________ _____________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________ Please ind icate if an additional sheet of clarifications or exceptions is attached: ______ Yes ______ No

Bid Sheet continued on the next page:BID SHEET CONTINUED:

UNIT 3 SCR CATALYST LAYER REPLACEMENT

At the

MCINTOSH POWER PLANT

September 1 , 201 5

BID NO. 5 26 6 A

M. Schedule

Option 1: Work can be started in ______ calendar day ( s ) after notification of award.

Work can be completed in ______ days after commencement

.

Submit Drawings to Owner for review & approval in ______ calendar days after award

Submit O&M manual to Owner for review & approval in ______ calend ar days after awar d

Fabricate all Catalyst Modules in ______ days after award

Dates for E ach Set of Replacement Modules and Related Equi p ment will Arrive On

- Site from First to Final Delivery

__________________________________ __________

Option 2 : Work can be started in ______ calendar day ( s ) after notification of award.

Work can be completed in ______ days after commencement

.

Submit Drawings to Owner for review & approval in ______ calendar days after award

Submit O&M manual to Owner for review & approval in ______ calend ar days after awar d

Fabricate all Catalyst Modules in ______ days after award

Dates for E ach Set of Replacement Modules and Related Equi p ment will Arrive On

- Site from First to Final Delivery

__________________________________ __________

Terms of Payment Offered ______________________________________________________________________

Note: Payment shall be made within forty

- five (45) days of receipt of invoice in accordance with Florida Statute §218.74, the Local Government Prompt Payment Act.

Bid Sheet continued on the next page:BID SHEET CONTINUED:

UNIT 3 SCR CATALYST LAYER REPLACEMENT

At the

MCINTOSH POWER PLANT

September 1 , 201 5

BID NO. 5 26 6 A

“I hereby certify that I understand and am aware that t he City of Lakeland, at its sole d iscretion, reserves the right to waive technicalities or irregularities, to reject any or all bids, and/or to accept that bid which is in the best interest of the City. The award of this bid, if made, may be based on considerations other than total

cost a nd may be awarded based on various considerations, without limitation; Bidder’s experience and/or qualifications, past experience, administrative cost, standardization, technical evaluation and oral and/or written presentations as required. The City reser ves the right to accept all or part, or to decline the whole, and to award this bid to one (1) Bidder. There is no obligation to buy. The bid, if awarded, will be in the judgement of the City the most responsive to the City’s needs. The City of Lakeland encourages the use of minority and women

- owned businesses as subcontractors or in joint venture arrangements. The City is authorized by R esolution No. 3634 to give preference to local persons, firms or corporations, in an amount of two percent (2%) not t o ex ceed $10,000 of the bid price. ”

_____________________ __ _________________________ Company Name

____________________________________ ________________________________ Authorized Signature Date Signed

____________________________________ ________________________________ Name of Contact for Questions Telephone No. of Contact (Please Print)SPECIFICATION NO. 150 15

FOR

UNIT 3 SCR CATALYST LAYER REPLACEMENT

AT THE

MCINTOSH POWER PLANT

PREPARED BY:

PRODUCTION ENGINEERING DIVISION

DEPARTMENT OF ELECTRIC UTILITIES

CITY OF LAKELAND

LOG OF REVISIONS

REV. NO. DESCRIPTION OF CHANGES DATE APPROVED BY

0 Issued for Bid 08

- 19

- 2015 SSGSpecification No. 15015 Rev. 0 08/19/15 Page i TABLE OF CONTENTS

SECTION 1.0 DEFINITIONS

................................ ................................ ............................. 1

SECTION 2.0 DESCRIPTION OF WORK

................................ ................................ ......... 1

2.1 SCOPE OF WORK

................................ ................................ .............................. 1

2.2 SCHEDULE

................................ ................................ ................................ ......... 2

SECTION 3.0 TECHNICAL REQUIREMENTS

................................ ................................ 3

3.1 UNIT 3 DESCRIPTION AND SCR BACKGROUND INFORMATION

........... 3

3.2 REPLACEMENT SCR CATALYST MODULES

................................ ............... 3

SECTION 4.0 DEFINITION OF RESPONSIBILITIES

................................ ...................... 8

4.1 VENDOR'S RESPONSIBILITIES

................................ ................................ ....... 8

4.2 GENERAL RESPONSIBILITIES OF THE OWNER

................................ .......... 8

SECTION 5.0 VENDOR SERVICES

................................ ................................ .................. 9

5.1 PACKAGING

................................ ................................ ................................ ...... 9

5.2 PROTECTION

– PURCHASED EQUIPMENT

................................ .................. 9

5.3 ACCEPTANCE OF EQUIPMENT

................................ ................................ .... 10

5.4 PERFORMANCE TESTS

................................ ................................ .................. 10

5.5 SHIPMENTS FOR INSTALLATION BY OWNER

................................ ......... 10

5.6 IDENTIFICATION

................................ ................................ ............................ 12

5.7 SPARE PARTS

................................ ................................ ................................ .. 13

5.8 SERVICE

................................ ................................ ................................ ........... 13

5.9 INSTRUCTION, OPERATION, AND MAINTENANCE (IOM)

MANUALS

................................ ................................ ................................ 13

5.10 DRAWINGS

................................ ................................ ................................ ...... 13

5.11 DOCUMENT DISTRIBUTION

................................ ................................ ........ 13

SECTION 6.0 BID PREPARATION

................................ ................................ ................. 14

6.1 BIDDER'S QUALIFICATIONS

................................ ................................ ....... 14

6.2 BID INSTRUCTIONS

................................ ................................ ....................... 14

6.3 BID ADDENDA

................................ ................................ ................................ 16

6.4 OPTIONAL SITE VISIT

................................ ................................ ................... 16

6.5 PLACEMENT OF ORDER

................................ ................................ ............... 16

6.6 POST

- BID MEETING

................................ ................................ ....................... 16

6.7 COMP ATIBILITY WITH JOBSITE CONDITIONS

................................ ........ 16

6.8 ACCEPTANCE OF BID

................................ ................................ .................... 16Specification No. 15015 Rev. 0 08/19/15 Page ii

SECTION 7.0 GENERAL PROVISIONS

................................ ................................ ......... 17

7.1 FORM OF AGREEMENT

................................ ................................ ................. 17

7.2 CH ANGE ORDERS

................................ ................................ .......................... 17

7.3 PROJECT SCHEDULE

................................ ................................ ..................... 17

7.4 SUBCONTRACTORS

................................ ................................ ....................... 18

7.5 BACK

– CHARGES

................................ ................................ ........................... 18

7.6 PAYMENT

................................ ................................ ................................ ........ 18

7.7 FINAL ACCEPTANCE, FINAL PAYMENT AND RELEASE

........................ 19

7.8 INVOICES

................................ ................................ ................................ ......... 19

7.9 SUBSTITUTIONS

................................ ................................ ............................. 20

7.10 GUARANTEES

................................ ................................ ................................ . 20

7.11 PERFORMANCE GUARANTEE AND EQUIPMENT WARRANTY

............ 20

7.12 VENDOR'S OBLIGATIONS

................................ ................................ ............. 21

7.13 VENDOR'S COOPERATION

................................ ................................ ........... 21

7.14 ASSIGNMENT

................................ ................................ ................................ .. 22

7.15 CODES AND REGULATIONS

................................ ................................ ........ 22

7. 16 OWNER'S REPRESENTATIVE

................................ ................................ ....... 23

7.17 INSPECTION

................................ ................................ ................................ .... 23

7.18 FIRE PROTECTION

................................ ................................ ......................... 23

7.19 SIT E CLEANUP

................................ ................................ ................................ 23

7.20 PLANT LOCATION AND ACCESS

................................ ................................ 24

7.21 ENTRANCE GATE AND PARKING

................................ ............................... 24

7.22 OPERATIONS INTERFERENCE

................................ ................................ ..... 24

7.23 ROYALTIES AND PATENTS

................................ ................................ .......... 25

7.24 DAMAGES TO ASBESTOS DESIGNATED EQUIPMENT

........................... 25

7.25 LICENSES AND INSURANCE

................................ ................................ ........ 25

7.26 DEFAULT

................................ ................................ ................................ ......... 25

7.27 TERMINATION FOR CONVENIENCE

................................ .......................... 26

7.28 DELAY

................................ ................................ ................................ .............. 26

7.29 FORCE MAJEURE

................................ ................................ ........................... 26

7.30 CLAIM S AND CONTRACT CLARIFICATION

................................ .............. 26

7.31 JURISDICTION, VENUE AND GOVERNING LAW

................................ ...... 27

7.32 NOTICE

................................ ................................ ................................ ............. 27

ATTACHMENT A

- REFERENCE DRAWINGS

ATTACHMENT B

- OPERATING LOAD CASES

ATTACHMENT C

- COAL SPECIFICATION

ATTACHMENT D

- PERFORMANCE DATA SHEETS

ATTACHMENT E

- INSURANCE REQUIREMENTS

ATTACHMENT F

- SAFETY REQUIREMENTSSpecification No. 15015 Rev. 0 08/19/15 Page 1

SECTION 1.0 DEFINITIONS

Wherever used in th is Specification or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable of both the singular and plural thereof:

a. Addendum

– Changes to the original Specification covering the Work to be performed.

b. Approved

– Approved, acceptable, considered necessary, satisfactory, or words of similar meaning shall mean approved, acceptable, considered necessary or satisfactory to or by the Ow ner

c. Bidder

– Bidder shall be the person, persons, partnership, company, or corporation responding to the Owner ’s Request for Proposal in accordance with the Owner ’s established policies and procedures.

d. By Others

– Refers to a third party provider of labor or materials other than the Owner

or Vendor.

e. Change Order

– A written order to Vendor signed by the Owner authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the

Contract Time issued after execution o f the Contract.

f. Contract

– Contract shall mean the definitive final written agreement between Owner

and Vendor incorporating the covenants, terms, conditions, and technical requirements of this Specification.

g. Contract Documents

– The Contract Documents sha ll mean, collectively, and in hierarchical order, the Contract

, the Owner ’s RFP or Invitation to Bid, Owner approved

addend a and exceptions, th is Specification, the Public Construction Bond, the Owner ’s

P urchase O rder and Vendor ’s proposal which are intended to be complementary, and what is required by any one of them shall be as binding as if required by all.

h. Contract Time

– The total number of calendar days and any completion dates for phases or segments of the Contract Work shown on the Final Sched ule to be completed by the parties.

i. Contract Price

– The total monies, payable to Vendor under terms of the Contract.

j. Day

– A calendar day or any fraction thereof.

k. Equal

– The words "or equal" used in connection with materials, products, or equipment desig nated by manufacturer's names, trade names or catalog numbers are intended to establish a standard. Other materials, products, or equipment meeting or exceeding the established standard may be used provided that their equivalency has

been demonstrated to the satisfaction of the Owner and that written approval of their

use has been obtained.Specification No. 15015 Rev. 0 08/19/15 Page 2

l. Field Order

– A written order signed by the Owner and Vendor as an agreement of clarification of the Contract and not any adjustment in the Contract Price or Time.

m. "Haz ardous Materials" shall mean those materials included within the definitions of “hazardous substances”, “hazardous materials”, toxic substances”, “contaminants” or “hazardous wastes” in the Comprehensive Environmental Response, Compensation and Liability A ct of 1980, as amended (42 USC Sections 9601, et seq.); the Hazardous Materials Transportation Act, as amended (49 USC Sections 1801, et seq.); the Resource Conservation and Recovery Act, as amended (42 USC Sections 9601, et seq.); the Toxic Substance Cont rol Act as amended (15 USC Section 2601 et seq.); the Environmental Protection Act, R.S.O. 1990, C.E. 19; the Environmental Protection Act, S.C. 1991 c. 15.3, as amended; and in any of the regulations adopted, published, and promulgated pursuant to said la ws, or in any other Laws and Regulations.

n. Installation

– Installation includes in addition to actual installation, all unloading, warehouse handling, rigging and hoisting, and furnishing of all tools, equipment and materials required to handle and install the Work, except as otherwise specified in the

Contract.

o. Invitation to Bid

– Invitation to Bid shall be the Request for Proposal (RFP) or other notice duly issued by the City of Lakeland’s Purchasing Department incorporating the Specification and other doc uments as may be required by municipal code or charter or by Florida statutes to solicit competitive prices for labor, material, and services.

p. Manufacturer

– An individual, firm or corporation who is furnishing material or equipment to either the Owner or Vendor or both.

q. Owner

– The City of Lakeland

, or its authorized representatives, successors

, or assigns.

r. Project

– The entire construction and Work to be performed as provided in the

Contract.

s. Provisional Acceptance

– Provisional Acceptance shall occur u pon successful completion of all of the Work except for; (i) final completion of the punch list, (ii) delivery of as

- built drawing s and records, (iii) the plant is returned to normal operating

status, and ( i v ) successful completion of any applicable Performance Test (s)

.

t. Purchase Order (PO)

– A Work authorization document issued by the Owner’s Purchasing Department with the words “Purchase Order” clearly marked on the top right corner, a PO number used for reference shown on the front, a description of the Work or a listing of the applicable Contract Documents, an authorized Owner signature and stating the amount of lawfully authorized funds. Purchase Orders are the only documents that authorize payment of changes to the total amount authorized on the

Contract.

u. Schedule

– The agreed upon sequence of activities with start and finish dates including logical relationships of activities, deliverables, and milestones agreed to at issuance of

Purchase Order

.Specification No. 15015 Rev. 0 08/19/15 Page 3

v. Shop Drawings

– All Manufacturer's and Vendor ’s dra wings, diagrams, illustrations, brochures, schedules, and other data which illustrate the details of the equipment, material and Work to be furnished for the Project.

w. Specification

– Specification shall mean the covenants, terms, conditions, and technical requirements contained in this written document titled

, “ Unit 3 SCR Catalyst Layer Replacement ”, Specification No. 150 15

.

x. Vendor

– The person, persons, partnership, company, or corporation undertaking the performance of the Work required by the Contract.

y. Work

– Work shall mean all of the activities as generally described in the scope sections (typically sections 2 and 3) of the Specification.

z. Worksite

– The site upon which the Work is to be performed

. The terms “Jobsite” and “Worksite” may be used interch angeably.Specification No. 15015 Rev. 0 08/19/15 Page 1

SECTION 2.0 DESCR I PTION O F WORK

2.1 SCOPE OF WORK

a. Vendor shall provide replacement SCR Catalyst M odules for one (1) catalyst layer per exi s ting Selective Catalytic Re duction (SCR) reactor

. There are two (2) SCR reactors , so two (2) replacement layers will be required. Vendor shall fabricate, furnish, and deliver these modules FOB Jobsite to the McIntosh Power Plant ( J obsite ). Installation will be self

- performed B y O wner

.

b. Vendor shall provide pricing and design details for the base option (Option 1) : SCR NOx Catalyst Only and for the alternative option (Option 2) : Combination Catalyst (SCR NOx and Mercury Oxidation) if it can be offered. No performance enhancing additives ( oxidizing reagents such as calcium bromide

, etc.) shall be

us ed in conjunction with the performance of the Option 2 combination catalyst.

c. Vendor shall coordinate all deliveries and cooperate fully with Owner. Details on delivery schedule, unloading and handling requirements, storage prior to, during and installation, but prior to operation and any on

- site requirements of the catalyst shall be provided to the Owner thirty (30) days prior to shipment of catalyst modules.

d. V endor shall provide technical assistance during installation, start

- up and testi n g if requested.

e. Items to be furnished in the scope of work include:

i. Replacement SCR Catalyst M odules for Base Option 1 and Alternative Option 2 for two (2) layers that will fit through existing access door opening

and fit in side the existing dimensions of each SCR reactor

.

ii. Documentation, drawings, Installation, Operation & Maintenance manuals of the supplied new equipment, including description, reactions, deactiv ation mechanisms, handling, storing, lifting, Safety Data Sheet ( SDS), operating parameters, troubleshooting (problems with catalyst and problems caused by coal firing units ), recommended maintenance schedule/monitoring of parameters and range of operating parameters and when out of range necessary actions to take to bring back within range, methods of cleaning, and provisions for recycling and disposing of spent catalyst.

iii. Provide performance data , performance guarantees, and warranty for new SCR Catalyst Modules for Options 1 and 2 per Attachment D.Specification No. 15015 Rev. 0 08/19/15 Page 2

2.2 SCHE D ULE

a. The final set of replacement modules and related equipment will need to be

delivered on

- site ready for installation by February 1 2 , 2016. Vendor shall provide a delivery schedule showing dates that each set of modules and related equipment

will be delivered on

- site from first delivery to final delivery

. Vendor shall provide schedules for both Options 1 and 2 if both options can be offered.

b. The Vendor shall provide a schedule for each option offered with the following tasks, but not limited to:

i. Submit drawings to OWNER for review and approval

ii. Submit O&M manual to OWNER for review and approval

iii. Fabricate all catalyst modules

iv. Date s for each set of replacement modules and related equipment will arrive

on

- site from first to final deliverySpecification No. 15015 Rev. 0 08/19/15 Page 3

3.0 TECHNICAL REQUIREMENTS

3.1 UNIT 3 DESCRIPTION AND SCR BACKGROUND INFORMATION

a. McIntosh Power Plant Unit # 3 has a design maximum gross output capacity is 364 MW (100% MCR). The design minimum gross unit output capacity is 180

MW. The steam generator is a balanced draft design operating at subcritical pressure originally supplied by Babcock & Wilcox. The furnace is fr ont and rear wall fired. The steam generator is designed to deliver steam at a nominal rating of 2,476,952 lb/hr at 2

, 458 psia, 1

, 005 °F, with single reheat to 1

, 005 °F. The boiler is designed to be fired with 100% Pulverized Coal. The furnace is 43’

- 0 3⁄4” Ft wide x 45 Ft deep. The unit was originally designed to fire a bituminous coal but is currently firing bituminous coals from Eastern North America and South

America. The fly ash loss

- on

- ignition (LOI) values generally are between 3% to

6% depending on the fuel blend

. Start

- up and shut

- down of the boiler will be performed with the catalyst in the gas flow path. This unit experiences approximately 15 to 20 start s per year with 25% of the starts being cold startups with a typical forced outage durat ion of 96 hours. Ignition and warm

- up fuel is natural gas. Unit performance parameters are l isted in Attachment s B (Operating Load Cases) and C (Coal Specification)

.

b. Unit 3 has two (2) SCR reactors

. Each SCR reactor is installed in a high dust

en vironment as it is located between the economizer outlet and the air preheater inlet and upstream of the electrostatic precipitator. Large Particle Ash (LPA)

screens for filtration of “popcorn” fly ash are installed at the economizer outlet.

Each SCR rea ctor can hold a maximum of four (4) layers of catalysts. Initial

installation was completed in the Spring 2009 Outage with three (3) catalyst layers loaded per SCR reactor

. The fourth (bottom) layer has been empty. The new replacement layer will be combined with the two (2) existing layers per SCR

reactor

. Sonic horns are installed to keep fly ash particles entrained in the flue gas and to pass through the catalyst layers. All three (3) catalyst layers per SCR

reactor are from the initial installa tion. Anhydrous ammonia is the reagent used

for the SCR and is diluted with dilution air. Static mixers and turning vanes have

been installed. Flue gas flow is vertically downward from top catalyst layer to bottom catalyst layer in each SCR reactor

. Ec onomizer modifications or feed water circuit modifications are not planned to elevate flue gas temperatures to expand the operating range of the SCR. The SCR system is designed without a reactor bypass. Drawings of the reactor and ductwork design are in Attachment A (Reference Drawings).

3.2 REPLACEMENT SCR CATALYST MODULES

The following is a more detailed description of the Vendor’s responsibility of work.

a. Vendor shall design, manufacture, store, remove from storage, furnish and deliver SCR catalyst modules FOB to the jobsite for installation by others in the

reactor vessels of the Unit.Specification No. 15015 Rev. 0 08/19/15 Page 4

b. Vendor shall design the catalyst modules in accordance with the requirements of

this specification to uniquely accommodate the Coal Specification (Attachment C) and Operating Load Cases (Attachment B ).

c. Vendor shall guarantee catalyst performance while burning all combinations of fuels specified herein. Vendor shall not be required to predict NO X inlet levels based upon fuel analysis, but rather use those levels stated herein for the basis of the guarantee(s).

d. All catalyst modules shall be designed for a High Dust (i.e., upstream of the electrostatic precipita tor (ESP)) environment. Vendor shall note that under many operating conditions this fly ash may have a high fraction of larger size particles sometimes referred to as "popcorn" fly ash. Vendor shall consider the High Dust environment in its design to min imize catalyst pluggage and the associated gas side pressure drop guarantee.

e. Vendor shall design SCR catalyst modules for an operating range from minimum load to 100% maximum continuous rating (MCR) as detailed in Attachment B (Operating Load Cases) and Attachment C (Coal Specification). Currently, the Owner is operating the Unit at a capacity factor of 45%, which means majority of the time the Unit is operating at minimum load (180 MW) and will occasionally operate at intermediate load (270 MW) and maxi mum load (365 MW) based on demand. Therefore, SCR catalyst modules must function properly at the lowest SCR inlet temperature at minimum load. Additionally, the flue gas velocity will be the lowest at minimum load. The flue gas velocity needs to stay ab ove the fly ash settling velocity, so that the fly ash remains suspended in the flue gas. Vendor shall size the openings of the SCR catalyst modules such that sufficient velocity is maintained to allow the suspended fly ash in the flue gas pass through th e openings and not plug up on each replacement SCR catalyst layer from minimum load to maximum load. Vendor shall also provide the lowest minimum operating temperature that the SCR catalyst modules will operate at even if it is lower than the lowest minim um operating temperature at minimum load.

f. Vendor shall provide a curve or curves of minimum operating temperature for the SCR catalyst(s) versus % sulfur in the coal on an as

- received basis

. The curve or curves shall have equation(s) that can be easily pr ogrammed by Owner

into the Owner’s DCS.

g. Vendor shall design SCR catalyst modules in accordance with the requirements of this specification to accommodate the range of fuel and ash properties present with operation with any of the fuels and shall use those fuel and ash properties as provided in Attachment C (Coal Specification) and Attachment B (Operating Load Cases) to establish the worst case design parameters for both NOx and Mercury

. h. Vendor shall design each SCR catalyst layer so that the ammonia slip w ill not
exceed 2 ppmvd @ 3% O2 over the guaranteed life.

i. Vendor shall select the pitch in accordance with Attachment C (Coal Specification) and to avoid dust and particulate plugging problems. The existing SCR NOx catalysts have a nominal open area of 80%

. A sh samples from air heater hoppers and ESP hoppers are available upon request

.Specification No. 15015 Rev. 0 08/19/15 Page 5

j. Sonic horn system has been used to keep the fly ash entrained in the flue gas so that it passes through the catalyst layers

. k. Reactor will have a fixed plan area, as shown in Attachment A (Reference Drawings)

. Vendor shall design catalyst modules per layer to fit through existing access door opening and fit inside the existing dimensions of each SCR

reactor

. l. Vendor shall design and fabricate the catalyst m odules identical ly and specify the total number of modules per layer

.

m. In order to conduct test coupon testing (has been conducted by Owner on an annual basis) , it is required that a number of catalyst modules be furnished with easily removable samples that are representative of the catalyst charge as a

whole. Vendor and Owner shall mutually agree on sample locations. Vendor shall provide a drawing detailing the placement of test modules within the replacement layer per SCR reactor

. Vendor shall provide test coupons and one complete set of replacement test coupons shall be supplied by Vendor in sufficient quantities through the guarantee term.

n. The SCR catalyst activity shall be demonstrated by laboratory testing by Others of catalyst samples taken from the reactors during th e Vendor stated guarantee period. The SCR catalyst samples are taken from the reactors during the annual scheduled outage . Therefore, laboratory testing of the catalyst samples will be done annually and handled by the Owner. Owner will track and plot th e relative activity (taken from the annual laboratory test reports) versus operating hours for each replacement SCR catalyst layer during the guarantee period. Vendor shall provide the relative activity limit for each replacement lay er. When the relative activity reaches this limit for a replacement catalyst layer, the replacement of that layer needs to be considered. Each replacement catalyst layer shall operate above the relative activity limit during the guarantee period. Vendor shall provide warranty for each replacement catalyst layer if the relative activity drops below the limit during the guarantee period.

o. The SCR catalyst modules shall be constructed of suitable corrosion and erosion resistant materials designed for long service life when expos ed to the design conditions specified herein.

p. The catalyst modules will sit upon heavy

- duty grating. All catalyst performance guarantees shall be based on the use of grating to support catalyst modules. Catalyst pressure drop guarantees shall include any pressure drop due to the internal grating. Vendor shall provide each SCR catalyst layer with an initial pressure drop of 0.70 inches W.G. or less.

q. Vendor shall design SCR catalyst layers such that permanent deformation of the catalyst or support material , shall not occur due to stresses induced by the design seismic conditions (for the geographic area of the specified power plants), flow conditions, pressure conditions, thermal conditions, fly ash loading conditions,

and sonic horn devices.

r. The catalyst formulation shall minimize poisoning caused by trace elements. Vendor shall bring to the attention of the Owner any conflicts regarding trace

elements and/ or other parameters in the Coal Specification (Attachment C) andSpecification No. 15015 Rev. 0 08/19/15 Page 6 state those conflicts as bid except ions.

s. Each module shall include a carbon steel frame with suitable lifting lugs to lift it vertically from the ground up to the appropriate level of the SCR structure

. The design and fabrication of the steel framework shall be in accordance with the requir ements of the AISC Agreement for the Design, Fabrication and Erection of Structural Steel for Buildings. Structural welding shall conform to the Structural Welding Code AWS D1.1. Vendor ’s design shall verify that all framework materials are compatible wi th the catalyst material.

t. Owner will use pallet jacks to transport the modules around on the level. Vendor shall provide lifting specifications for a pallet jack.

u. The SCR catalyst modules shall be complete and include all accessories such as the support casing, screens, lifting lugs integral with module, and special equipment needed for unloading, loading and installation into the reactor. Seal strips shall be shipped loose for installation in the field.

v. Vendor shall supply assembled catalyst module packages with integral steel frames and appropriate gas sealing devices within the modules and between

reactor walls and modules

. Gas sealing devices between the installed modules

and between reactor walls and modules shall be shipped loose for field

inst allation. Vendor shall provide design drawing(s) of the seals shall be provided for sealing of the catalyst levels (along the walls of the reactor and between the catalyst modules) to prevent gas bypass and to prevent ash build up

on seal surfaces.

w. Each catalyst module shall provide, as a minimum, sufficient rigidity to support the combined ash and pressure loading resulting from pluggage of 20 percent of the catalyst module open area.

x. Vendor shall furnish a heavy gauge screen of finer mesh than catalyst p itch on each module face to help prevent catalyst pluggage and for ease of internal maintenance and inspection. The screen and module construction shall permit application of a 25 psf live load without damage to either component as may be applied by insp ection personnel and equipment. Screening shall be continuous

across the entire level. The screen shall be designed to prevent localized accumulation of fly ash.

y. Vendor shall provide c atalyst modules transportation, handling, short

- term storage, long

- ter m storage, and lay

- up requirements. This shall include detailed catalyst module installation and removal instructions, test coupon removal and replacement instructions, and any precautions to be exercised during outages.

z. Vendor shall provide r equired star t

- up, operating, shutdown, and off

- line SCR lay

- up operating instructions and procedures under all expected operating conditions, including listing of alarms and interlocks, set points, abnormal operation, emergency shutdown, normal shutdown, periodic chec ks, adjustments, action required, etc.

aa. Vendor shall provide d escription of the maintenance requirements and intervals for inspecting and testing the reactivity of the catalyst modules.

bb. Vendor shall provide c atalyst cleaning procedures during normal operati on, startup and shutdown of McIntosh Unit 3.Specification No. 15015 Rev. 0 08/19/15 Page 7

cc. Vendor shall provide i nstructions for removal and storage of the catalyst outside

of the reactors.

dd. Vendor shall provide g uidelines for the placement of the catalyst modules within

each reactor.

ee. Vendor shall provide d escription of any cleaning or environmental conditioning of the catalyst that is required prior to the Unit being removed from service, such as for an outage.

ff. Vendor shall maintain the catalyst in as

- new condition until delivery to Owner is requir ed. Owner reserves the right to inspect Vendor’s and Vendor’s Subcontractors’ manufacturing and storage facilities at any time prior to catalyst delivery to verify the status of production activities to ensure that the proper quantities of catalyst module s are in storage and that satisfactory storage methods have been implemented. Vendor shall rectify all deficiencies at no additional charge. Catalyst modules shall be stored per Vendor’s storage procedures, subject to Owner approval. All catalyst modul es shall be sufficiently packaged to protect it from physical damage and moisture while in

storage. Packaging of all catalyst modules need to protect them from outdoor storage prior to installation. Owner reserves the right to refuse shipment of any

cata lyst modules that have been damaged in any way during storage and/or shipment to the site. Vendor shall replace all damaged catalyst modules at no additional charge if Vendor was responsible for storage of the catalyst modules.

gg. Vendor shall state warranty provided should the catalyst not perform as expected during its life.Specification No. 15015 Rev. 0 08/19/15 Page 8

SECTION 4.0 DEFINITION OF RESPONSIBILITIES

4.1 VENDOR 'S RESPONSIBILITIES

a. The Vendor shall not permit any alcoholic beverages or illegal drugs on Owner ' s property. Any person showing the most minor symptoms of alcohol or drug use shall be immediately removed from Owner ' s property and shall not be allowed to return. Likewise, the Vendor shall not permit any firearms to be brought on Owner ' s property.

b. The V endor shall assume full responsibility for its employees' conduct while on

Owner ' s property.

c. The Vendor shall provide any tools not specifically furnished by Owner

.

d. The Vendor shall provide necessary qualified personnel to perform W ork specified by

the Own er

.

4.2 GENERAL RESPONSIBILITIES OF THE OWNER

a. The Owner will make available the necessary operating personnel for start

- up and operation of equipment.

b. The Owner's Representative shall coordinate job progress and review with Vendor ' s job supervisor and to appro ve any additional work items not included in "SCOPE OF

WORK".

c. The Owner will furnish all instrumentation work and calibration of instruments.

d. The Owner will isolate units and make ready for work, when needed.Specification No. 15015 Rev. 0 08/19/15 Page 9

SECTION 5.0 VENDOR SERVICES

5.1 PACKAGING

a. The material supplier shall prepare all materials and equipment for shipment in such manner as to protect them from damage in transit. Equipment shall be suitably skidded, crated, boxed sealed or otherwise protected from damage during shipment.

b. Any articles or materia ls that might otherwise be lost shall be boxed or wired in bundles and plainly marked with an identification number, delivery point and any other designation required to permit positive identification for unloading, storage and re

hauling purposes.

c. All par ts shall be prepared for shipment so that slings for handling may be attached readily while the parts are on the transporting vehicle. Where it is unsafe to attach slings to the box, boxed parts shall be packed with slings attached to the part.

d. Equipment covered by this specification shall be fabricated in the minimum number of subassemblies necessary for transportation. Equipment shall be shipped assembled

unless stated otherwise.

e. Prior to shipment all equipment shall be thoroughly cleaned internally to remove dirt, weld rod stubs, and other foreign material, drained and all pipe connections or other openings shall be fitted for temporary covers to prevent entrance of foreign matter. Such covers shall be standard plastic pipe thread connectors, 3/8" plyw ood or 3/16" steel flange covers with temporary gaskets if necessary.

f. Where necessary to prevent internal rusting, desiccant bags or vapor phase inhibitors shall be used prior to sealing. Their use shall be stated in installation instructions and

tags on the equipment.

g. Nuts, bolts, studs, etc., used for packaging will not be allowed for reuse in installation. New, unused hardware shall be supplied by vendor for installation purposes.

h. Machined surfaces shall be coated with a suitable, easily removable rust preventive and then covered and taped.

i. If mechanical seals are present they shall be lightly coated with " L ubriplate" or approved equal to prevent seizing prior to start

- up.

j. Special tools when required for maintenance shall be furnished with the equipment

. The tools shall be new and unused.

5.2 PROTECTION

– PURCHASED EQUIPMENT

a. All carbon steel surfaces are to be shop painted with manufacturer's standard primer and finish coat, as agreed to by the Owner

.

b. All rust, mill scale, grease dirt, etc., will be removed prior to priming.Specification No. 15015 Rev. 0 08/19/15 Page 10

c. If spray application is used, attention shall be given to prevent shading.

d. All welds will be thoroughly de

- scaled and wire brushed and all weld spatter will be removed prior to priming.

e. Carbon steel equipment requiring extensive welding during field erection is not to be shop painted.

f. All finished/machined surfaces i.e. shafts, adjusting screws, slides, guides, etc., will be coated with a rust preventative capable of providing protection for three (3) months outdoor storage.

g. Unless specif

ied otherwise, stainless steel, nickel, copper, brass, monel, aluminum, Hastelloy, lead, galvanized steel, plastic or glass surfaces are not to be painted.

5.3 ACCEPTANCE OF EQUIPMENT

a. The equipment will be accepted after all work included in the contract is completed to

the satisfaction of the Owner , after the equipment has been installed, connected, and placed in operation by the Owner , and when performance guarantees have been met.

5.4 PE RFORMANCE TESTS

a. Shop performance tests shall be run if and as required to conform to this specification.

b. Field performance tests, if required, shall be run within 180 calendar days after the date the equipment has been placed in full commercial operation. Unless otherwise specified in this document, field testing shall be done by the Owner

.

c. Should the equipment fail to perform as guaranteed, the cost of all consequent shop or field tests shall be paid for by the Vendor and the Vendor shall make such change s to the equipment as are necessary to meet the guarantees and further test the equipment to prove its guaranteed performance, all at no additional cost to the Owner

.

5.5 SHIPMENTS FOR INSTALLATION BY OWNER

a. No item shall be delivered to the jobsite until writt en application has been made by the

Vendor and confirmation has been given by the Owner that the item will be accepted.

b. If partial shipments are necessary, ALL ITEMS OF EACH SHIPMENT SHALL BE

CLEARLY IDENTIFIED BY THE OWNER'S ORDER NUMBER AND EQUIPMENT NUMBER. SHIPMENTS DELIVERED WITHOUT PROPER

IDENTIFICATION SHALL BE SUBJECT TO REFUSAL BY THE OWNER AND

RETURN TO THE SHIPP ING POINT AT THE VENDOR 'S EXPENSE.

c. The Vendor shall give the Owner immediate notification of shipment and shall forward information regarding carrier and routing, including PO number for partial shipments, as soon as they are obtainable.Specification No. 15015 Rev. 0 08/19/15 Page 11

d. The catalyst modul e packages shall be designed for transportation, and shall have reasonable weights and dimensions for unloading, assembling and fitting through the reactor access door by Owner

. Vendo r is responsible for shipping and handling of the catalyst during the tr ansportation of the catalyst modules to the station. The Vendo r shall adequately prepare all of the equipment for shipment and outdoor storage ( including catalyst modules ). Where required by the nature of the shipment, the Vendo r shall furnish

and instal l necessary covers to protect the equipment from rain, hail, wind, dust, etc. Items that are either too heavy or too bulky to be handled by one person shall preferably be fastened to a pallet or be packaged in a manner that is suitable for handling with a forklift

truck. Where it is not feasible to handle an item with a forklift truck, parts shall be prepared so that sling equipment for handling may be attached readily while the parts are on the transporting vehicle. Where it is unsafe to attach slings t o the box, the boxed parts shall be packed with slings attached directly to the part and the sling shall project through the box or crate so that attachment can be made readily. When a shipment is to be made,

Vendo r shall notify Owne r giving a description of the articles shipped, the packing list, and any other information necessary for identification. Vendo r shall also provide the name of the transportation company, contact information, delivery date, and tracking numbers.

Vendo r shall also provide inst ructions for assembly and storage of equipment. Vendo r shall identify all equipment that should be stored inside or that requires special attention or maintenance procedures prior to installation as well as for the period between completion

of installatio n and the time that the equipment is placed in service. The shipping weight and dimensions of each article shall also be given, as well as any information related to unloading or handling of equipment or materials, such as pickup points and spreader bar

r equirements. Owner must be notified 72 hours prior to delivery. Delivery will only be accepted during normal business hours.

e. The Vendor shall give the Owner immediate notification of shipment and shall forward information regarding carrier and routing, i ncluding Purchase Order number for partial shipments, as soon as they are obtainable. If partial shipments are necessary, all items of each shipment shall be clearly identified by the Owner ’s PURCHASE ORDER NUMBER [and EQUIPMENT NUMBER, if applicable]. E ach piece and package that is to be shipped separately shall also be tagged and clearly marked with a distinct identifying erection mark. Shipments delivered without proper identification shall be subject to refusal by the Owner

, and return to the shipping point at the expense of the Vendo r.

Shipping Address:

McIntosh Power Plant

3030 East Lake Parker Drive Lakeland, FL 33805

ATTN: SHARIF GHORABSpecification No. 15015 Rev. 0 08/19/15 Page 12

f. The Vendor shall notify the Owne r ten (10) days prior to making such shipments. All deliveries to the site are to be completed between the hours of 8:00 am and 3:00 pm during Monday through Thursday unless otherwise agreed to by the Owne r. The Vendor shall coordinate all delivery of materials with the Owner

. If equipment or materi als to be delivered will require special unloading or handling at the job site, such as cranes, extensive or special rigging, etc., then the Vendor shall notify the Owner ten (10) days prior to the delivery. No major equipment is to be shipped early to th e job site without the

Owner approval if the early shipment will result in delivery prior to the actual scheduled delivery date.

g. All materials and equipment supplied by Vendor and permanently incorporated in the Work

shall be new. Both material and equipm ent shall be of good quality. Vendor shall, if required, furnish satisfactory evidence as to the source of supply and quality of the material and equipment.

h. Any special tools required for the unloading of the catalyst modules from truck delivery to

the si te shall be furnished by the Vendo r, as necessary. Special tools or materials required for the proper handling, storage and maintenance of the catalyst modules ; and any lifting tools required to remove individual baskets and/or plates from a module shall also be provided.

5.6 IDENTIFICATION

a. Each complete field assembly shall be given an IDENTIFICATION number or letter, and each part of each field assembly which is not permanently connected in shop assembly shall be legibly marked. Shop assembly and subassembli es as used herein are defined as minor assembly or parts for ease of shipment. Descriptions and diagrams of all such markings shall be supplied. Each piece or subassembly separately packaged for shipment shall be labeled or tagged with the Owner ' s Purchase Order number. Equipment shipped without a complete packing list shall be subject to rejection.

b. All equipment shall be furnished with a permanently attached stainless steel nameplate. If the equipment is to be insulated the nameplate shall be rai sed at least one inch above the surface. As a minimum, the following information is to be on the plate:

i. Manufacturer's Name

ii. Model and Serial Number

iii. Size and/or Type

iv. Item Number

v. Design Data (rpm, head, gpm, code, etc.)

vi. Date of Manufacture

c. The direction of rotation shall be permanently marked on all rotating equipment.Specification No. 15015 Rev. 0 08/19/15 Page 13

d. A shipping tag must be securely attached to each package shipped. This tag must be durable and must be plainly marked with the Owner ' s Purchase Order and equipment item number. Separate packa ges for a single item must be so marked as to identify the component(s) in each package.

5.7 SPARE PARTS

The Vendor ' s bid for equipment shall include an itemized list of recommended spare parts that should be stocked by Owner , after warranty expires, to assure proper and expedient

maintenance. The Vendor shall stock spare parts for the equipment or guarantee delivery of parts within 48 hours.

5.8 SERVICE

a. Vendor ' s bid for equipment shall include information on location of Vendor 's service

facilities and technical expertise available.

5.9 INSTRUCTION , OPERATION, AND MAINTENANCE (IOM) MANUALS

a. Within two weeks after receipt of order the Vendor will supply six (6) complete,

detailed lubrication data and instruction manuals. These will indicate all details relative

to the proper unloading, storage, installation, operation and maintenance of the subject equipment.

5.10 DRAWINGS

Vendor shall provide one (1) electronic AutoCAD file and six (6) copies of the following prints:

a. Outline drawing showing all dimensions needed for instal lation.

b. Cutaway drawing showing all internal parts and their relative location. This drawing will include identification of each print with part number from the manufacturer of the

part.

5.11 D OCUMENT DISTRIBUTION

a. The Vendor shall distribute documents in the following manner: All drawings will be sent as an original with three (3) copies. All manuals will be sent with six (6) copies.

b. The mailing address for all correspondence, drawings, and manuals will be as follows:

CITY OF LAKELAND

DEPARTMENT OF ELECTRIC UTILITIES

ATTN: SHARIF GHORAB

3030 E. LAKE PARKER DR. LAKELAND, FL 33805Specification No. 15015 Rev. 0 08/19/15 Page 14

SECTION 6.0 BID PREPARATION

6.1 BIDDER'S QUALIFICATIONS

An award for Work will be made only to a responsive, responsible Bidder, in a financial position and with the organizational ability to do the work specified herein and qualified by experience. The Bidder shall submit adequate evidence of their ability to fulfill contracts such as the one being bid. Specific qualification requirements are noted in paragraph 6

. 2 .b. ( i

- xxii ).

6.2 BID INSTRUCTIONS

a. The bid may not be given full consideration unless it is firm and includes all of the information requested in this S pecification, and on the Owner’s Invitation to Bid. A satisfactory explanation must be given for not com plying with the bid instructions. Failure to provide all applicable information, or to submit bid by due date, may be cause for disqualification as non

- responsive.

b. To allow the Owner the opportunity to properly evaluate the Bids, and in order to become the successful bidder, Bidders must be able to provide a proven ability to perform the type of work described herein. Bidders should include at the time of bid submittal, a minimum of:

i. A list of a minimum of three (3) jobs that the Bidder has performed within the past

three (3) years (in an operating power plant) which are of equal size, scope, magnitude and complexity as the type of work to be done for the Owner . The list

should include the name of the entity, name and phone number of a responsible individual qualified to respond to questions concern ing the Bidder's abilities, costs, schedules, etc. Prior successful accomplishment of such equal work will be a

consideration in d etermining whether the Bidder is qualified to perform the W ork.

ii. T otal firm price s to furnish and deliver FOB jobsite all SCR catalyst modules for Option 1 and Option 2 (if offered) in accordance with this S pecification. The Bid

sh all also include unit pri ces where indicated. It must be clearly understood that

this is a total firm price bid for work defined in this specification. Only unexpected or unknown major or extensive repair will be negotiable for an increase in compensation for services rendered us ing an agreed upon total firm price or unit prices and must be agreed to in writing by the Owner

.
iii. Pricing (provide separate pricing for each Option)

a. Breakout pricing for all catalyst modules

b. Breakout pricing for unit cost of one (1) catalyst module

c. Breakout pricing for all related equipment for all modules

d. Breakout pricing for freight from points of shipment to jobsite

iv. Billing rates for optional installation and/or startup support.Specification No. 15015 Rev. 0 08/19/15 Page 15

v. Terms of payment for work completed on the Jobsite which will produce the lowest overall total price on a delivered basis for all work and material furnished, subject to any specified final payment provisions.

vi. Breakdown of hourly rates for all personnel classifications involved to be utilized in determining extra cost of an y work not covered by this specification and agreed to in writing by the Owner

.
vii. A breakdown of additional insurance expenses the bidder will incur if required to meet the insurance limits of this specification.

viii. A proposed CPM network for the project indica ting all pertinent dates and the Critical Path. It must be understood that this schedule will be a critical part of the bid evaluation by the Owner and a negotiated schedule with firm dates will

become a contract document and the dates included therein sh all be enforceable as

such.

ix. Complete design, performance data and materials of construction for the service and conditions specified.

x. Statement of performance guarantee, if any.

xi. Data such as weights, loadings, size of major components and special installat ion requirements.

xii. Complete list of equipment included with system, giving model number and name

and location of manufacturer.

xiii. Operating performance or efficiency curves, in triplicate.

xiv. Descriptive literature, bulletins and other data covering system or equ ipment proposed. (6 copies)

xv. Preliminary general layout drawings, dimensions prints, sketches, and diagrams, in triplicate.

xvi. Statement of field services included with bid and applicable rate for additional erection and startup supervision.

xvii. Exceptions to Owner’s inquiry, drawings and S pecification s , if any, must be submitted with full explanation.

xviii. Statement that equipment and/or system proposed meets with all local or state codes, laws and requirements for operation and i nstallation in the state to be used

.
xix. Bidders are requested to show earliest possible delivery date, expressed in calendar weeks, after receipt of purchase order.

xx. Bidder must complete all required vendor data as shown i n this specification, and data sheets if appl icable, and return with the bid

.
xxi. Bidder will ship the material “ FOB Jobsite " and pay the freight to the freight

carrier.

xxii. The Bidder shall specify the name of the repair facility, if any; that is intended to be used in performance of t he W ork.Specification No. 15015 Rev. 0 08/19/15 Page 16

6.3 BID ADDENDA

The Owner may, during the bid ding period, advise all Bidders by Addenda of additions,

deletions

, or alterations in the specifications. All Addenda shall be acknowledged in the bids. The Addenda shall become a part of the Specifications as if originally included therein.

6.4 OPTIONAL SIT E VISIT

Unit 3 is available for inspection upon request. While Unit 3 can be visited, the SCR

reactors are not open for internal viewing. Vendor should contact Owner’s Representative,

Sharif Ghorab at telephone number (863) 834

- 6352, to request a site visi t.

6.5 PLACEMENT OF ORDER

In the event an order results from the bid, it shall be placed with the office of the company which services the Lakeland, Florida area and will be expected and required from the nearest service and/or sales office, and all operating difficulties that aris e shall be handled locally by

the Vendor . The bid should state the name and address of the branch office serving the

Lakeland area.

6.6 POST

- BID MEETING

The s uccessful Bidder shall submit all required documents to the Owner within ten (10) days

of the notific ation that Bidder was successful and meet with the Owner's representative to discuss the Scope of Work and the best ways of implementing the work. The project manager named by the Bidder in the Bid should attend this meeting.

6.7 COMPATIBILITY WITH JOBSITE CO NDITIONS

The Bidder shall acquaint itself and be familiar with the labor practices, conditions, and procedures established and accepted in the building and construction trades prevailing in the project area.

6.8 ACCEPTANCE OF BID

The right is reserved by the Owner to reject any or all bids. The Owner does not obligate it self to accept the lowest cost or any other bid. The Owner reserves the right to award all of the Work to a single Bidder or may award portions of the Work to more than one Bidder.Specification No. 15015 Rev. 0 08/19/15 Page 17

SECTION 7.0 GENERAL P ROVISIONS

7.1 FORM OF AGREEMENT

a. At the Owner’s option, the Agreement may be a Purchase Order issued by the Owner in acceptance of Vendor 's bid, or t he Agreement may be a Contract signed by an authorized person employed by the successful bidder and by the repre sentative of the City authorized by the Lakeland City Commission. The words "Contract" and "Agreement" are used interchangeabl y herein.

b. Any valid exceptions to the Owner's S pecification stated in the bid will be considered and if acceptable to the Owner

, adjustment will be made to final specification and/or in the

Purchase Order or Contract.

7.2 CHANGE ORDERS

a. Changes in the W ork. The Owner may, during the progress of the W ork, order extras to the contract requirements or make changes in writing in the amount of the W ork as specified without invalidating the C ontract. No claim for additional compensation will be allowed unless covered by such an order. Change orders shall include a negotiated lump sum amount or agreed upon unit price. All claims for extension of time due to such changes shall be approved at the time of authorization for such changes.

b. Any plan of action, method of work, or construction procedure suggested orally or in writing to the Vendor by any Owner employee , agent which is not set out in Change Orders or other written directives issued in accordance with the Contract Documents, if adopted or followed by the Vendor in whole or in part, shall be performed at the sole risk and responsibility of the Vendor

.

7.3 PROJECT SCHE DULE

a. Completion of the W ork. The Vendor shall complete the W ork within the time specified in the order, or as extended by written order.

b. Execution of the W ork. The Vendor shall prosecute the W ork continuously in such a manner and in such order of precede nce as may be directed by the Owner , working overtime, if necessary, to meet the specified dates.

c. Time is of the essence to this C ontract and the Vendor agrees, at no additional cost to the

Owner , to take all steps necessary to meet the completion dates st ated in the Owner's production schedule. In the event the Vendor falls behind the project schedule at any time during the performance of this C ontract, the Vendor shall immediately and/or upon

notification from the Owner , work overtime and/or add workers, and/or take other action as may be necessary to promptly bring the W ork back on schedule.Specification No. 15015 Rev. 0 08/19/15 Page 18

d. The Vendor shall provide a Schedule in an electronic format sufficiently detailed to allow

the Owner to coordinate all Work with o n

- going operations, maintenance and outages.

The Vendor shall provide progress updates to the Schedule in support of daily and weekly production meetings between the Vendor

, Owner and any other party deemed necessary by the Owner

.

7.4 SUB CONTRACT OR S

The Vendo r shall obtain prior consent of the Owner before entering into subcontracts for any part of the W ork.

7.5 BACK

– CHARGES

a. If at any time the Vendor requests the Owner to do any work to assist the Vendor in any

manner, Owner may invoice the cost of such work, and the Vendor shall make payment to

the Owner by submitting actual payment to the Owner , or by indicating a credit on the very next invoice submitted to the Owner

.

b. Should any work done during the guarantee period require correction because of faulty

workman ship or materials; or should the materials as supplied or as installed require

corrective work the Owner shall notify the Vendor and proceed as follows:

i. If the Owner's time schedule permits, the Vendor will be allowed to perform the

corrective work and bear all costs ;

ii. If the Owner's time schedule does not permit the action described above, or if the

Vendor refuses or neglects to take immedi ate action, the Owner shall have the right to perform the corre ctive work, exercising due care to ensure the lowest possible expense, and the Vendor shall reimburse the Owner for the cost of the

corrective work.

7.6 PAYMENT

a. Vendor shall submit a schedule of values and a CPM for approval by the Owner

. Milestones shall be assigned a value as a percentage of total work. Upon completion of a milestone, Vendor shall submit an invoice identifying the milestone/or milestones completed. The Owner shall review the invoice, verify the completion of the mile stone, and if accepted, pay the invoiced amount less a 10% retainage.

b. Payments on account, on the contract sum, and for any added work which may have been authorized shall be made at the times and in the manner set forth in the contract, but only

after the Owner has approved the amount of each payment as it shall fall due.

c. If payments are made on account of materials delivered and stored at the site, but not incorporated in the work, they shall be conditional upon submission by the Vendor of bills of sale, or such other procedure as will establish the Owner's title to such material or otherwise adequately protect the Owner's interest. The Vendor shall be fully responsible for such materials until they are incorporated into the work.Specification No. 15015 Rev. 0 08/19/15 Page 19

d. If the Vendor has made a pplication as required above, the Owner shall review the amount requested and, if satisfactory, approve the Vendor 's invoice for payment.

e. No payment or partial payment made by the Owner to the Vendor shall be an acceptance of any work or material not in ac cordance with the C ontract D ocuments.

f. Terms of payment. If the Vendor 's payment terms are not accepted by the Owner

, payment shall be made in a lump sum (minus ten percent retainage) upon satisfactory completion of the work and receipt of invoice from the Vendor subject only to the following specified provisions.

7.7 FINAL ACCEPTANCE, FINAL PAYMENT AND RELEASE

a. After the installation of the new SCR NOx catalyst modules in the top layer of each SCR, Unit 3 will operate at 100% load and be tested to verify that all performance guarantees have been met. Should any of the performance guarantees fail to be met, the VENDOR shall make changes that are necessary to meet the guarantees, all at no additional cost to

the OWNER.

b. Final acceptance will not be considered unti l all requirements of this specification have been met by the Vendor and approved by the O wner

.

c. The final payment, equal to the retainage permitted under Florida Statute §255.078 shall be withheld until acceptance of the total job.

d. When, in the opinion of the Vendor , the work covered by this specification has been completed the Vendor shall submit a "Request for Final Payment", along with any and all documentation necessary to satisfy the Owner that all bills for labor, material, lan ds, licenses, fees, or any other expenses, have been satisfied, and a copy of the Final Report to

the Owner . The Owner shall review the request, submitted documentation, and Final Report, and, if the work is acceptable to the Owner and the documentation i s sufficient to satisfy the Owner of full payments by the Vendor , the Owner shall make payment of the

retained funds to the Vendor within thirty (30) days of receipt of all the above listed documents. Upon receipt of said retained funds, the Vendor shall agree to release the

Owner from any and all claims against the Owner from future claims, actions, and liens.

7.8 INVOICES

The Vendor shall submit an invoice to the Owner each time a payment falls due. Separate

invoices shall be submitted for labor and materia l.

a. All invoices shall be sent to Lakeland Electric finance at:

City of Lakeland Finance Accounts Payable, Mail Code : CH

- AP

228 S. Massachusetts Avenue Lakeland, FL 33801Specification No. 15015 Rev. 0 08/19/15 Page 20

With a Copy of the invoice sent to:

Sharif Ghorab

McIntosh Power Plant

3030 E. Lake Parker Drive Lakeland, FL 33805

b. Owner may withhold payment if the Vendor is in violation of any terms and conditions of

the Contract Documents

.

7.9 SUBSTITUTIONS

a. No substitutions shall be made for materials or equipment or components thereof which are specified by generic type, except upon written approval by the Owner

.

b. The VENDOR shall submit all requests for approval of substitutions in writing, stating the

reaso n for the request and attaching technical evidence of the equivalency of the proposed

substitute.

7.10 GUARANTEES

Material and Workmanship. The Vendor guarantees that all workmanship, materials or equipment or any components thereof which fail, within a minimu m of one year after acceptance by the Owner shall be replaced by the Vendor without further cost to the Owner

.

7.11 PERFORMANCE GUARANTEE AND EQUIPMENT WARRANTY

The Vendor will provide a guarantee and warranty as follows:

a. Performance. The Vendor shall guarantee that the supplied equipment shall perform as specified. Replacements or revisions required to meet specified performance shall be at

the Vendor 's expense.

b. Equipment

.

i. All equipment and component parts shall have a minimum guarantee agains t fault in design, defective or improper materials, poor workmanship, and failure from normal usage for one (1) year after being placed in the specified service, and/or eighteen (18) months after date of shipment. Repair or replacement parts and labor req uired during this period shall be furnished at the Vendor 's expense, F.O.B.

installed at Owner's jobsite.

ii. The Vendor shall ensure the availability of equipment in the event of warranty failures. Immediate response to failures is essential. If equipment f ails during the warranty period, the Vendor shall provide replacement equip ment at no cost to the

Owner , while the failed equipment is being repaired.

c. The Vendor shall provide all required labor, materials and equipment in the event of warranty failures. Immediate response to failures is essential.Specification No. 15015 Rev. 0 08/19/15 Page 21

7.12 VENDOR 'S OBLIGATIONS

a. The Vendor shall, in a good and workmanlike manner, perform all work and furnish all labor and services, except as herein otherwise expressly set forth, necessary to perform and complete al l the W ork required by this C ontract, in accordance with the provisions of

the Contract D ocuments and any and all supplemental plans and drawings.

b. The Vendor shall furnish all materials required to complete the W ork except those specifically identified herein as being supplied by the Owner . Where specified, all

materials must conform to this S pecification. Materials not specified are subject to the

Owner's approval.

c. The Vendor shall furnish all lights, tools, an d equipment (including cherry pickers or cranes if required by the Vendor 's construction plan). All equipment brought on the

J obsite shall be certified to OSHA or local regulations and the operators shall be qualified to operate the equipment.

d. Unless othe rwise specified, all materials and equipment, supplied by the Vendor and permanently incorporated in the W ork, shall be new and unused. Both material and equipment shall be of good quality. The Vendor shall, if required, furnish satisfactory

evidence as to the source of supply and quality of the material and equipment.

e. No materials, equipment or supplies to be incorporated in the W ork shall be purchased by

the Vendor or by any sub contractor subject to any chattel mortgage or under a conditional

sale contr act or other agreement by which an interest is retained by the Vendor . The

Vendor warrants good title to all materials supplied by the Vendor in the W ork, free from all liens, claims and encumbrances.

7.13 VENDOR 'S COOPERATION

a. The Vendor

, its agents, and employees shall use diligence in cooperating with the Owner

, it s agents, its other Vendor s , employees, suppliers and their agents, and employees in coordinating the work hereunder with other work at the J obsite, all regardless of whether

the O wner's agent, employees, or Owner’s other Vendor s and suppliers, and their agents and employees are, or are not, affiliated with any labor union.

b. The Vendor

, its sub contractors , agents and employees shall in no way delay or alter the

W ork at the J obsite on account of the other work being furnished or performed, or not furnished or performed, by union labor, subject to the other provisions of th e C ontract.

c. The Vendor shall provide proper attention to the W ork, shall keep an authorized representative on the J obsite who shall be authorized to act upon notices, directions, and

instructions. The Vendor will , before proceeding with the W ork, provide the Owner in writing, the name and title of the authorized representative and/or field superintendent and such repr esentative shall be acceptable to the Owner

.

d. The Vendor shall immediately remove from the job any person considered by the Owner to be dishonest, incompetent, disposed to be disorderly, or for any reason unsatisfactory orSpecification No. 15015 Rev. 0 08/19/15 Page 22

undesirable to the Owner and such person shall not again be employed on the premises

without the consent of the Owner

.

7.14 ASSIGNMENT

Neither party shall assign any of its rights, obligations, or duties under the terms and

conditions of this Specification or any ensuing Agreement without the e xpress written consent of the other party.

7.15 CODES AND REGULATIONS

a. All materials and equipment shall be in accordance with any and all applicable Federal, State, and Local codes, laws, and ordinances in effect at the jobsite. All of the above

referenced cod es, laws, and ordinances shall take precedence over these specifications in case of any conflict. All such conflicts shall be referred to the Owner for adjudication.

b. The following industry, association, and government codes and standards shall be

followed as applicable to the design, fabrication, assembly, installation, and testing of all materials and equipment furnished under this specification:

AISC

– American Institute of Steel Construction

AISI

– American Iron and Steel Institute

ANSI

– American Na tional Standards Institute

ASME

– American Society of Mechanical Engineers

ASTM

– American Society of Testing and Materials

AWS

– American Welding Society

F.M.

– Factory Mutual

IEEE

– Institute of Electrical and Electronics Engineers

NACE

– National Association of Corrosion Engineers

NEMA

– National Electrical Manufacturers Association

NERC

– North American Electric Reliability Corporation

OSHA

– Occupational Safety and Health Administration

SBCC

– Southern Building Code Congress

SSPC

– Structura l Steel Painting Council

U.L.

– Underwriters Laboratories

c. The issue or revisions of these documents in effect on the date of the Purchase Order shall apply.

d. In the event of a conflict between any portion of this Specification and the referenced specificat ions, data sheets, Manufacturer’s product information, and drawings, such conflicts shall immediately be brought to the Owner ’s attention and the Owner shall determine which document prevails.Specification No. 15015 Rev. 0 08/19/15 Page 23

7.16 OWNER'S REPRESENTATIVE

The Owner will assign one or more individuals as Field Representative(s) for this P roject. Throughout the duration of this C ontract, all questions concerning this P roject shall be directed to a Field Representative. It will be the Field Representative's responsib ility to coordinate with necessary Owner personnel as required, including arranging for the tagging of equipment when removed from service for the Vendor

.

7.17 INSPECTION

Authorized agents of the Owner shall be allowed free and ready access to the Vendor 's work area, shops and the shops of its suppliers, at all reasonable times, for the purpose of inspecting the equipment or material, or any of its parts and to obtain information as to the progress of the work. Failure on the part of the Owner to discover o r reject materials or work not in accordance with the specified requirements shall not b e deemed an acceptance thereof or a waiver of defects therein.

7.18 FIRE PROTECTION

The Vendor , throughout the entire performance of an ensuing contact issued pursuant to th is Specification , shall provide any special fire protection not furnished by the Owner , in accordance with applicable National Fire Protection Association (NFPA) Codes, and OSHA,

for all work governed by this contract involving cutting, burning, or operati ons that use an open flame or produce sparks. The Vendor shall obtain a "Hot Work Permit" from the Owner prior to beginning any daily work involving cutting, burning, or welding on the job site. If a determination is made by the Owner that a fire watch i s required in the area of work, the

Vendor shall furnish a person or personnel for this duty.

7.19 SITE CLEANUP

a. The Vendor shall keep the premises free at all times from accumulation of waste materials and rubbish caused by construction operations and employees

.

b. The Vendor shall furnish all refuse containers required for the W ork and will arrange for the periodic removal and emptying of the same.

c. The Vendor shall perform final cleanup prior to Owner's acceptance of the W ork. The final cleanup shall include as a pplicable :

i. Removal of dirt and unsightly substances from all visible surfaces and areas.

ii. Removal of Vendor 's temporary structures, tools, equipment, supplies and surplus

materials.

iii. Repair of roads, walks, fences and other items damaged or deteriorated beca use of

Vendor 's operations.

iv. Grading, raking, smoothing, replacing vegetation and other operations necessary to restore to original or better condition all areas affected by Vendor 's operations.Specification No. 15015 Rev. 0 08/19/15 Page 24

v. The Vendor shall be responsible for disposing of all waste mat erials and rubbish generated (paint, waste, etc) off site in accordance with all applicable laws , rules,

r egulations and ordinances

.

7.20 PLANT LOCATION AND ACCESS

a. The McIntosh plant is located on the Owner's property at 3030 East Lake Parker Drive on the north shore of Lake Parker in Lakeland, Florida. The site is approximately two miles from Interstate Highway 4 and is served by the CSX Trans portation System.

b. The site is approximately 140 feet above sea level with an ambient temperature range of

+20  F to 120  F, and 50 to 100 percent relative humidity.

7.21 ENTRANCE GATE AND PARKING

a. The Vendor 's vehicles shall enter the plant site only through the specified entrance gate. All vehicles leaving the Owner ' s property a re subject to inspections.

b. The Vendor and it s sub contractor s shall each be limited to bringing only two (2) vehicles inside of the fenced plant perimeter. All vehicles brought on site must be clearly marked

with the Vendor 's business logo or other identifying mark so that the Owner may positively d etermine who an unattended vehicle belongs to.

c. The Owner reserves the right to further limit the number of vehicles brought o n site by a

Vendor if neces sary.

d. No p ersonal vehicles shall be allowed within the fenced perimeter of the site. The

Vendor 's personnel shall park only in designated areas and shall enter the site only through the designat ed gate. Any vehicles brought on site within the fenced perimeter of the site shall be "parked at your own risk." The Owner shall have no responsibility or li ability for any damage whatsoever caused to vehicles parked within the fenced perimeter of the site.

e. The security forces employed by the Owner have total site responsibility. All personnel entering or leaving the site must be logged in and out by security . Security personnel enforce safety regulations on site and assist in removal of undesirable personnel. Failure to obey instructions of security personnel is considered grounds for removal from Job site.

7.22 OPERATIONS INTERFERENCE

For any work performed in a plant

, the Vendor shall in no way interfere with normal operations. All work must be planned and coordinated through the Owner R epresentative.Specification No. 15015 Rev. 0 08/19/15 Page 25

7.23 ROYALTIES AND PATENTS

By accepting any contract or work order resulting from the Specification, the Vendor agre es to indemnify the Owner and to hold the Owner harmless in respect to any and all claims that material sold hereunder infringes any U.S. or foreign letters patent, copyright or trademark and, provided the Owner gives Vendor prompt notice in writing of an y suit or action at law or in equity brought against the Owner or any claim for infringement and gives Vendor necessary information, assistance, and authority to do so, the Vendor agrees to defend at the

Vendor 's expense any and all such suits, and to sati sfy any judgment entered therein. If, as the result of such suit, the equipment or any part thereof is held to constitute infringement the

Vendor at its option and expense shall either procure for the Owner the right to continue using the equipment, or re place same with non

- infringing equipment, or modify the equipment so

that it becomes non

- infringing.

7.24 DAMAGES TO ASBESTOS DESIGNATED EQUIPMENT

Prior to the initiation of the contracted work, the Vendor shall meet with the Safety Officer to discuss necessary guidelines for working in the vicinity of asbestos. In addition, the Vendor shall be responsible for the replacement or repair of damages to any designated asbestos insulation caused by any of the Vendor 's employees. The Vendor must sign a statement,

pr ovided by Owner , verifying this requirement.

7.25 LICENSES AND INSURANCE

The Vendor will obtain and maintain, at its own expense, all licenses and insurance to comply with all City, County, State and Federal requirements.

7.26 DEFAULT

Each of the following shall con stitute a default under this Agreement: (a) Vendor is adjudged to be bankrupt; (b) Vendor makes a general assignment for the benefit of its creditors; (c)

Vendor fails to comply with any of the terms, conditions or provisions of this Agreement; or (d) Vendor ’ s experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement. If, during the term of this Agreement, Vendor shall be in default of this Agreement, Owner may suspend its performance her eunder until such delinquency or default has been corrected; provided, however that no suspension shall be

effective unless and until Owner gives written notice of default to Vendor with at least (10) days to cure such default. If Vendor fails to correct such delinquency or default, Owner may terminate this Agreement and pursue such remedies as may be available at law or in equity.

Vendor shall be paid compensation for services satisfactorily performed and completed as of

the date of termination. Owner shall not be liable for partially completed Work. In addition to the remedies available hereunder, the Owner shall have the right of offset from sums or payments otherwise due the Vendor , any sums or amounts which the Vendor may owe to the

Owner pursuant to the provisions of this Agreement and seek such remedy as may be available, including, but not limited to satisfaction of the performance bond. It is not the intention of this paragraph to limit or prevent delay damages or other damages that may occur.Specification No. 15015 Rev. 0 08/19/15 Page 26

7.27 TERMINATION FOR CONVENIENCE

Notwithstanding any other provision of this Agreement, Owner may, upon prior writ ten notice

to Vendor , terminate this Agreement with or without cause. In the event of such termination,

Owner shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed prior to the effective date

of termination

.

7.28 DELAY

If the Vendor fails to complete the work, or any part thereof, in the time agreed upon in the schedule set forth herein, or within such extra time as may have been agreed to, the Vendor

shall reimburse the Owner for any additional expense and damage caused by such delay. In the event that the work is not completed by the scheduled date, the Owner shall be entitled to withhold final payment plus any unpaid adjustments until such time as the total amount of delay damages is determined and amount caused by such damages shall be withheld from the final payments and any unpaid adjustments then due . The withholding of said amounts from the final payment and any unpaid adjustments shall not impair the Owner ’ s right to seek additional remedy or compensation for damages.

7.29 FORCE MAJEURE

Neither party shall be liable to the other party for failure to per form or for the delay in performance of the Contract when said failure or delay is due to any cause beyond a party’s reasonable control, including, but not limited to, fire, flood, strike or other labor difficulty, acts of any governmental authority, riot, terrorism, embargo, unavailability of railcars, wrecks or delay in transportation, provided that, as a condition to the claim of force majeure, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. Inclement and severe weather which is typical within central Fl orida through the period the Work is anticipated shall not entitle a party to claim relief by force majeure or for delay damages.

7.30 CLAIMS AND CONTRACT CLARIFICATION

a. All claims of Vendor , all questions concerning interpretation or clarification of the

Contra ct or the acceptable fulfillment of the Contract on the part of Vendor , and all questions as to compensation and to extension of time shall be submitted, in writing, to

Owner for determination.

b. A claim by Vendor must be made within 15 calendar days of Ven dor 's learning of the

cause for the claim. The claim must be submitted to Owner with as much supporting detail as can be reasonably developed at the time the claim is made. Owner may grant additional time to develop additional detail to the extent Owner re quires. Owner will determine the

outcome of Vendor ’s claim. At all times Vendor shall proceed with the Work in accordance with the determinations, instructions, and clarifications of Owner while Owner is determining the outcome of Vendor ’s claim.Specification No. 15015 Rev. 0 08/19/15 Page 27

c. If any requirement of the Contract is unclear to Vendor

, Vendor shall be solely responsible for requesting instructions or interpretations and shall be solely liable for any cost and expenses arising from its failure to do so.

d. Nothing set forth above shall impai r Owner 's rights and remedies to enforce Vendor 's obligations under the Contract.

7.31 J URISDICTION, VENUE AND GOVERNING LAW

Jurisdiction and Venue shall be in the Courts of Polk County, Florida or the United States

District Court in and for the Middle District of Florida, Tampa Division, in connection with any action or proceeding arising out of or relating to this Specification

, bid, proposal, contract, documents or instrument delivered pursuant to, in connection with, or simultaneously with this bid/proposal /specification or breach of any contract entered into with the City. This Agreement shall be governed by the laws of the State of Florida without regard to such state’s choice of law provisions, if any, which may dictate that the law of ano ther jurisdicti on shall apply.

7.32 NOTICE

a. Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid, to:

For Vendor :

Vendor shall provide information within ten (10) days of notice of award.

For Owner:

McIntosh Power Plant

3030 East Lake Parker Drive Lakeland, FL 33805

ATTN: SHARIF GHORAB

With a copy also sent to:

City of Lakeland/Department of Electric Utilities

Attention: Contract Services 501 E. Lemon Street, LE

- Contracts Lakeland, FL 33801

- 505 0 PHONE: (863) 834

- 6588 FAX: (863) 834

- 8187

E

- mail: Contracts @lakelandelectric.com

b. Either party may change the name of the person receiving notices and the address at which notices are received by so advising the other party in writing.A TTACHMENT A

REFERENCE DRAWING SDrawing No. Drawing Title

M3

- ISO

- 0001 GENERAL ARRANGEMENT ISO LOOKING NORTHEAST

M3

- 0165 PIPING AND INST. DIAGRAM

- FLUE GAS SCR 31

M3

- 0166 PIPING AND INST. DIAGRAM

- FLUE GAS SCR 32

SSK

- 001 CATALYST ARRANGEMENT DIAGRAM

S3

- 3017 SCR PLAN AND SECTIONS EL 262'

- 10 1/2"

S3

- 3018 SCR PLAN AND SECTIONS

S3

- 3019 SCR WALL ELEVATIONS

S3

- 3029 CATALYST AND FLOW STRAIGHTENER BAFFLE PLATES PLAN AND DETAILS

S3

- 3030 CATALYST AND FLOW STRAIGTENER BAFFLE PLATES SECTIONS AND DETAILS SHEET

1

S3

- 3107 CATALYST LOADING DOORS AND PERSONNEL DOOR SCHEDULEEL. 255'-3..." BEND LINE

AIR HEATERINPLACENEW

G5S G4S G3S

G2S

G6S NEW IN PLACE SCR GIRDER SCR REACTOR

EL. 226'-6" B/DUCT G1N

G1S

DUCT (I.P.) APH INLET (TYP.) EL. 332'-9" T/DUCT

(TYP.) MAN ACCESS DOOR

(TYP.) EXPANSION JOINT EL.223'-6 " G2N G3N

2 N D M I X E R

2 N D M I X E R 1 S T M I X E R

1 S T M I X E R DUCT SUPPORT STEEL (TYP.)

OUTLET DUCT ECONOMIZER THERMOCOUPLE (TYP.)

THERMOCOUPLE (TYP.) (TYP.) (ELBOW NOT SHOWN) OUTLET ELBOW ECONOMIZER TYP. FOR 2 IN EACH PRESSURE TRANSMITTER (TYP.) GRID (AIG) NOZZLES AMMONIA INJECTION

ANALYZER NOX INLET

6 EACH DUCT) (TYP, FOR TEST PORT GENERAL PURPOSE

(TYP.) PRESSURE TRANSMITTER

(TYP.) MAN ACCESS DOOR

TEST PORT (TYP.) GENERAL PURPOSE

TEST PORT (TYP.) GENERAL PURPOSE

TEST PORT (TYP.) GENERAL PURPOSE

TEST PORT (TYP.) GENERAL PURPOSE

(TYP.) EXPANSION JOINT (TYP.) EXPANSION JOINT

(TYP.) EXPANSION JOINT (TYP.) TEST PORT GENERAL PURPOSE

NOX TUNING PORT (TYP 5 PLCS.)

ANALYZER NOX OUTLET (ELBOW NOT SHOWN) OUTLET ELBOW IN EACH ECONOMIZER TYP. FOR 3 O2 PERMANENT PROBE

P L A N T N O R T H 2 0 ° T R U E N O R T H

(TYP.) EXPANSION JOINT B

ISOMETRIC VIEW LOOKING NORTHEAST B B B

B

B B

B B B B

B

B B B

WAS DWG. M-ISO-1REV.4(7/1/2004) A REV. DATE REL'D. PREPARED REVIEWED APPROVED PURPOSE DRAWING RELEASE RECORD SCALE B C D E F

A B C D E F 8 7 6 5 4 3 2 1

8 7 6 5 4 3 2 1 NUMBER PROJECT REV. DATE REL'D. PREPARED REVIEWED APPROVED PURPOSE DRAWING RELEASE RECORD

LAKELAND ELECTRIC McINTOSH POWER PLANT UNIT 3 SCR RETROFIT PROJECT ISO LOOKING NORTHEAST GENERAL ARRANGEMENT

12064-001 THE WORK. (OR THAT OF ITS SUBCONTRACTOR(S)) PERFORMING CONTRACTOR'S/INSTALLER'S PERSONNEL LOCATED ON THE WORK SITE, INCLUDING PRECAUTIONS TO ENSURE THE SAFETY OF ALL PEOPLE CONTRACTOR/INSTALLER SHALL TAKE ALL APPROPRIATE

08-14-07 E. MAAG I. DERAMOS A

B 05-28-10 I. DERAMOS G. RIVERA FILENAME:M3-ISO-0001

FOR INFORMATION FOR INFORMATION NONE

DRAWING NO. REV. CERTIFICATION OF AUTHORIZATION NO. 6938

CHICAGO, ILLINOIS 60603-5780

55 E. MONROE STREET

M3-ISO-0001 BA TTACHMENT B

OPERATING LOAD CASESOPERATING LOAD CASES

Units Maximum

Load Intermediate

Load Minimum

Load

a. Load MW 360 270 180

b. Heat Input to Boiler mmBTU/hr 3,410 2,557.50 1,705

c. Flue Gas Mass Flow Rate lb/hr 3,516,000 2,823,000 2,012,000

d. Flue Gas Volumetric Flow

Rate acfm 1,714,000 1,300,000 906,000

e. Economizer Outlet Pressure in. wg

- 9.6

- 4

- 3.5

f. Flue Gas Temperature deg. F 640

- 675 610

- 625 550

- 580

g. Inlet NOx lb/mmBTU 0.36 0.36 0.36

h. Oxygen Concentration % volume 3.9 5 6

i. Water Concentration % volume 9.45 9.07 8.73ATTACHMENT C

COAL SPECIFICATIONCoal Specification

Quality "As Received" Minimum Maximum
Heat Content (BTU/lb.) 11,500 13,500 Hardgrove Grindability 41 60
Proximate Analysis (% by weight) Minimum Maximum

Volatile Matter 27 39

Fixed Carbon 41 50

Ash 6 12

Moisture 4 12
Ultimate Analysis (% by weight) Minimum Maximum

Carbon 50.0 82.0 Hydrogen 3.5 6.0

Sulfur 0.6 3. 4 Oxygen 3.0 9.5 Nitrogen 0.4 1.7

Chlorine

- 0.2 Fluorine (PPM)

- 270
Mineral Analysis of Ash (% by weight) Minimum Maximum

Ferric Oxide 5.0 20.0

Calcium Oxide 2.0 20.0 Magnesium Oxide 0.1 2.0

Sodium Oxide 0.1 1.6

Potassium Oxide 0.1 5.0

Silicon Oxide 30.0 58.0

Aluminum Oxide 18.0 36.0

Titanium Oxide 0.3 3.0

Sulfur Trioxide 0.1 7.0

Phos. Pentoxide 0.1 1.3

Trace Elements Minimum Maximum
Arsenic (PPM)

- 10 Mercury (PPM)

- 0.2 Tungsten (PPM)

- 15 Vanadium (PPM)

- 300
Ash Fusion, oF Reducing Conditions
Initial Deformation (IT) 2350o F Softening Temp. (ST) 2450o F Hemispherical Temp.(HT) 2520o F FluidTemp. (FT) 2650o FATTACHMENT D

PERFORMANCE DATA SHEETS (TO BE COMPLETED BY VENDOR)PERFORMANCE DATA SHEET FOR OPTION 1 (BASE OPTION OF SCR NOx CATALYST MODULES)

1.0 Catalyst Arrangement Value

1.1 Number of modules per layer

1.2 Total number of modules for replacement (both layers)

1.3 Catalyst volume for all modules per layer ft3

1.4 Catalyst surface area exposed to flue gas flow per layer ft2

1.5 Recommended distance between catalyst layers (bottom catalyst support to bottom catalyst support) ft

1.6 Recommended distance between catalyst and reactor walls ft

1.7 Do catalyst module arrangement and recommended distances between layers fit within existing SCR reactor

dimensions? Answer

Yes/No

2.0 Catalyst Design

2.1 Manufacturer, and location of manufacture

2.2 Model number, if applicable

2.3 Construction/Type (plate, honeycomb, etc.)

2.4 Catalyst chemical formulation (list major constituents and any special additives)

2.5 Substrate material, if applicable

2.6 Module frame material

2.7 Is/Are curve(s) for minimum SCR operating temperature versus % sulfur in coal (as

- received basis) provided? Answer

Yes/No

2.8 Ash load adhering to catalyst surface within each module lb

2.9 Ash load around each module lb

2.10 Specific surface area m2/m3

2.11 Catalyst Pitch mm
2.12 Catalyst wall thickness mm
2.13 Catalyst percent open area (nominal) %

2.14 Space velocity at full load 1/hr

2.15 Catalyst surface area velocity at full load ft/min

2.16 Superficial velocity at inlet to catalyst at full load ft/min

2.17 Catalyst surface area velocity at minimum load ft/min

2.18 Superficial velocity at inlet to catalyst at minimum load ft/min

2.19 Linear velocity at full load ft/min

2.20 Linear velocity at minimum load ft/min

2.21 Catalyst bulk density lb/ft3

2.22 Catalyst module weight lb

2.23 Catalyst module dimensions (width x length x height) mm
2.24 Catalyst weight per layer lb

2.25 Hours of Catalyst Life that Catalyst Layer Mechanical Strength will be adequate for hrs3.0 Catalyst Handling and Storage

3.1 Estimated shipping weight of catalyst modules lb

3.2 Estimated number of shipments

3.3 Will catalyst be delivered in packaging suitable for outdoor storage? Answer

Yes/No

3.4 Are special tools for catalyst unloading and lifting required? Answer

Yes/No

4.0 Catalyst Guaranteed Performance (1 new layer per SCR)

4.1 Gross plant output MW 364

4.2 SCR Inlet Average NOx lb/mmBTU 0.36

4.3a SCR Inlet Average NOx lb/hr

4.3b SCR Inlet Average NOx ppmvd @

3% O2

4.4a Design Flue gas flow lb/hr 3,516,000

4.4b Design Flue gas flow acfm 1,714,000

4.5 Minimum average NOx reduction efficiency %

4.6 Flue gas temperature at SCR catalyst inlet at full load deg. F

4.7 Flue gas temperature at SCR catalyst inlet at minimum load deg. F

4.8 Minimum flue gas temperature at SCR catalyst inlet deg. F

4.9 Maximum ammonia slip ppmvd @

3% O2

4.10 Maximum static pressure drop per new SCR catalyst layer in wg

4.11 Maximum SO2

--- > SO3 oxidation rate for design fuel per layer %

4.12 Catalyst life while meeting all guarantees hrs / yrs /

4.13 Expected catalyst life hrs / yrs /

4.14a Relative Activity Limit for Consideration of Catalyst Replacement at end of guaranteed catalyst life

4.14b Is warranty provided for each replacement catalyst layer if the relative activity drops below the limit during the guarantee period? Answer

Yes/No

4.15 Anhydrous Ammonia consumption lb/hr

4.16 Warranty (see 3.2 gg ) Attach

additional

pages as

necessaryPERFORMANCE DATA SHEET FOR OPTION 2 (ALTERNATIVE OPTION OF

COMBINATION SCR NOx AND MERCURY OXIDATION CATALYST MODULES)

1.0 Catalyst Arrangement Value

1.1 Number of modules per layer

1.2 Total number of modules for replacement (both layers)

1.3 Catalyst volume for all modules per layer ft3

1.4 Catalyst surface area exposed to flue gas flow per layer ft2

1.5 Recommended distance between catalyst layers (bottom catalyst support to bottom catalyst support) ft

1.6 Recommended distance between catalyst and reactor walls ft

1.7 Do catalyst module arrangement and recommended distances between layers fit within existing SCR reactor

dimensions? Answer

Yes/No

2.0 Catalyst Design

2.1 Manufacturer, and location of manufacture

2.2 Model number, if applicable

2.3 Construction/Type (plate, honeycomb, etc.)

2.4 Catalyst chemical formulation (list major constituents and any special additives)

2.5 Substrate material, if applicable

2.6 Module frame material

2.7 Is/Are curve(s) for minimum SCR operating temperature versus % sulfur in coal (as

- received basis) provided? Answer

Yes/No

2.8 Ash load adhering to catalyst surface within each module lb

2.9 Ash load around each module lb

2.10 Specific surface area m2/m3

2.11 Catalyst Pitch mm
2.12 Catalyst wall thickness mm
2.13 Catalyst percent open area (nominal) %

2.14 Space velocity at full load 1/hr

2.15 Catalyst surface area velocity at full load ft/min

2.16 Superficial velocity at inlet to catalyst at full load ft/min

2.17 Catalyst surface area velocity at minimum load ft/min

2.18 Superficial velocity at inlet to catalyst at minimum load ft/min

2.19 Linear velocity at full load ft/min

2.20 Linear velocity at minimum load ft/min

2.21 Catalyst bulk density lb/ft3

2.22 Catalyst module weight lb

2.23 Catalyst module dimensions (width x length x height) mm
2.24 Catalyst weight per layer lb

2.25 Hours of Catalyst Life that Catalyst Layer Mechanical Strength will be adequate for hrs

3.0 Catalyst Handling and Storage3.1 Estimated shipping weight of catalyst modules lb

3.2 Estimated number of shipments

3.3 Will catalyst be delivered in packaging suitable for outdoor storage? Answer

Yes/No

3.4 Are special tools for catalyst unloading and lifting required? Answer

Yes/No

4.0 Catalyst Guaranteed Performance (1 new layer per SCR)

4.1 Gross plant output MW 364

4.2 SCR Inlet Average NOx lb/mmBTU 0.36

4.3a SCR Inlet Average NOx lb/hr

4.3b SCR Inlet Average NOx ppmvd @

3% O2

4.4a Design Flue gas flow lb/hr 3,516,000

4.4b Design Flue gas flow acfm 1,714,000

4.5 Minimum average NOx reduction efficiency %

4.6 Flue gas temperature at SCR catalyst inlet at full load deg. F

4.7 Flue gas temperature at SCR catalyst inlet at minimum load deg. F

4.8 Minimum flue gas temperature at SCR catalyst inlet deg. F

4.9 Maximum ammonia slip ppmvd @

3% O2

4.10 Maximum static pressure drop per new SCR catalyst layer in wg

4.11 Maximum SO2

--- > SO3 oxidation rate for design fuel per layer %

4.12 Catalyst life while meeting all guarantees hrs / yrs /

4.13 Expected catalyst life hrs / yrs /

4.14a Relative Activity Limit for Consideration of Catalyst Replacement at end of guaranteed catalyst life

4.14b Is warranty provided for each replacement catalyst layer if the relative activity drops below the limit during the guarantee period? Answer

Yes/No

4.15 Anhydrous Ammonia consumption lb/hr

4.16 Warranty (see 3.2 gg ) Attach

additional

pages as

necessaryATTACHMENT E INSURANCE REQUIREMENTSATTACHMENT F SAFETY REQUIREMENTS

## INSURANCE REQUIREMENTS Unit 3 SCR Catalyst Replacement

STATEMENT OF PURPOSE

The City of Lakeland (the “City”) from time to time enters into agreements , leases and other contracts with Other Parties (as hereinafter defined).

Such Agreements shall contai n at a minimum risk management/insurance terms to protect the City’s interests and to minimize its potential liabilities. Accordingly, the following minimum requirements shall apply :

CITY DEFINED

The term City (wherever it may appear) is defined to mean the City of Lakeland itself, its Commission

, employees, volunteers, representatives and agents.

OTHER PARTY DEFINED

The term Other Party (wherever it may appear) is defined to mean the other person or entity which is the

counter

- party to the Agreement w ith the City and any of such Other Party’s subsidiaries, affiliates,

o fficers, employees, volunteers, representatives, agents, contractors and subcontractors.

LOSS CONTROL/SAFETY

Precaution shall be exercised at all times by the Other Party for the prote ction of all persons, including employees, and property. The Other Party shall comply with all laws, rules, regulations or ordinances related to safety and health, and shall make special effort to anticipate and detect hazardous conditions

and shall take such precautionary and prompt action where loss control/safety measures should reasonably be expected.

The City may order work to be stopped at any time, without liability, if conditions exist that present immediate danger to persons or property. The Oth er Party acknowledges that such stoppage

, or failure to

stop, will not shift responsibility for any damages from the Other Party to the City.

INSURANCE

- BASIC COVERAGES REQUIRED

The Other Party shall procure and maintain the following described insuran ce, except for coverage specifically waived by the City of Lakeland , on policies and with insurers acceptable to the City, and insurers with AM Best ratings of no less than A.

These insurance requirements shall in no way limit the liability of the Other P arty. The City does not represent these minimum insurance requirements to be sufficient or adequate to protect the Other Party’s interests or liabilities, but are merely minimums.

" Except for workers’ compensation and professional liability, the Other P arty's insurance policies shall be endorsed to name the City of Lakeland as additional insured. It is agreed that the Other Party's insurance shall be deemed primary and non

- contributory with respect to any insurance or self

- insurance carried by The City o f Lakeland for liability arising out of the operations of this agreement."

### Insurance Requirements (cont’d)

INSURANCE

– BASIC COVERAGES REQUIRED (cont’d)

Except for workers compensation, the Other Party waives its right of recovery against the Ci ty, to the extent permitted by its insurance policies.

The Other Party’s deductibles/self

- insured retentions shall be disclosed to the City and may be disapproved by the City. They shall be reduced or eliminated at the option of the City. The Other Part y is responsible for the amount of any deductible or self

- insured retention.

Insurance required of the Other Party or any other insurance of the Other Party shall be considered primary, and insurance of the City shall be considered excess, as may be appli cable to claims which arise out of the Hold Harmless, Payment on Behalf of the City of Lakeland , Insurance, Certificates of Insurance and any Additional Insurance provisions of this agreement, contract, or lease.

Commercial General Liability: This insur ance shall be an “occurrence” type policy written in comprehensive form and shall protect the Other Party and the additional insured against all claims arising from bodily injury, sickness, disease, or death of any person other than the Other Party’s emplo yees or damage to property of the City or others arising out of any act or omission of the Other Party or its agents, employees, or Subcontractors and to be inclusive of property damage resulting from explosion, collapse or underground (xcu) exposures. Th is policy shall also include protection against claims insured by usual personal injury liability coverage, and to insure the contractual liability assumed by the Other Party under

the article entitled INDEMNIFICATION

, and “Products and Completed Operation s ”

coverage

.

The O ther Party is required to continue to purchase products and completed operations coverage for a minimum of three years beyond the City’s acceptance of renovation or construction properties.

The liability limits shall not be less than:

Bodily Injury and $1,000,000 Property Damage Single limit each occurrence

Business Automobile Liability: Business Auto Liability coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, inc luding owned, non

- owned and hired automobiles and employee non

- ownership use.

The liability limits shall not be less than:

Bodily I njury and $1,000,000 Property D amage Single limit each occurrence

Workers’ Compensation: Workers’ Comp ensation coverage to apply for all employees for statutory limits and shall include employer’s liability with a limit of $100,000 each accident, $500,000 disease policy limits, $100,000 disease limit each employee. (“All States” endorsement is required wh ere applicable). If exempt from Worker’s Compensation coverage, as defined in Florida Statue 440, the Other Party will provide a copy of State W orkers’ C ompensation exemption.

All subcontractors shall be required to maintain Worker’s Compensation.

The Ot her Party shall also purchase any other coverage required by law for the benefit of employees.Excess Liability: This insurance shall protect the Other Party and the additional insured against all claims in excess of the limits provided under the empl oyer’s liability, commercial automobile liability, and commercial general liability policies. The policy shall be an “occurrence” type policy , and shall follow the form of the General and Automobile Liability.

The liability limit s shall not be less than: $2,000,000

EVIDENCE/CERTIFICATES OF INSURANCE

Required insurance shall be documented in Certificates of Insurance which provide that the City shall be notified at least 30 days in advance of cancellation, nonrenewable , or adverse change.

New Certifi cates of Insurance are to be provided to the City at least 15 days prior to coverage renewals.

If requested by the City, the Other Party shall furnish complete copies of the Other Party’s insurance policies, forms and endorsements.

For Commercial General Liability coverage the Other Party shall, at the option of the City, provide an indication of the amounts of claims payments or reserves chargeable to the aggregate amount of liability

coverage. Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of the Other Party’s obligation to fulfill the insurance requirements herein.

## Inde mnification

To the fullest extent permitted by laws and regulations, and in consideration of the amount stated on any Purchase Order, the Contractor shall defend, indemnify, and hold harmless the City, its officers, directors, agents, guests, invitees, an d employees from and against all liabilities, damages, losses, and costs , direct, indirect, or consequential (including but not limited to

reasonable fees and charges of engineers, architects, attorneys, and other professionals and court

and arbitration co sts) arising out of or resulting from any acts of negligence, recklessness or intentional wrongful misconduct in the performance of the work by the Contractor, any Subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable.

In any and all claims against the City, or any of its officers, directors, agents, or employees by any employee of the Contractor, any Subcontractor, any person or o rganization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any such Subcontractor or other person or organization under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts, nor shall

this indemnifica tion obligation be limited in any way by any limitation on the amount or type of insurance coverage provided by the City, the Contractor, or any of his Subcontractors. To the extent this Indemnification conflicts with any provision of Florida Law or Statu t e, this

indemnification shall be deemed to be amended in such a manner as to be consistent with such

Law or Statu t e.

Applicability: It is the express intent of the Contractor that this agreement shall apply for the project(s) or time period indicated below. (Check and complete one):

______ Agreement is applicable to all contracts, purchase orders and other work performed for the City of Lakeland for the time period of not more than five (5) years.

______________________ to

______________________. (Date) (Date)

(OR)

______ Agreement is limited to Bid #, Purchase Order #, Requisition #___________,

or Contract dated ______________.

Subrogation: The Contractor an d his Subcontractors agree by entering into this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Contractor or Subcontractor to enter into a pre

- loss agreement to

w aive subrogation without an endorsement, then Contractor or Subcontractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation require ment shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor or Subcontractor enter into such an agreement on a pre

- loss basis.
Page 1 of 2Release of Liability: Acceptance by the Contractor of the last payment shall be a release to the City and every officer and agent thereof, fr om all claims and liability hereunder for anything done or furnished for, or relating to the work, or for any act or neglect of the City or of any person relating to or affecting the work.

Savings Clause: The parties agree that to the extent the written t erms of this Indemnification conflict with any provisions of Florida laws or statutes, in particular Sections 725.06 and 725.08 of the Florida Statutes, the written terms of this indemnification shall be deemed by any court of competent jurisdiction to be modified in such a manner as to be in full

and complete compliance with all such laws or statutes and to contain such limiting conditions, or limitations of liability, or to not contain any unenforceable, or prohibited term or terms, such

that this Indemni fication shall be enforceable in accordance with and to the greatest extent permitted by Florida Law.

____________________________ Name of Organization

BY :

____________________________ Signature of Owner or Officer

STATE OF :

________________________
____ Organization Phone Number COUNTY OF:

________________________

The foregoing instrument was acknowledged before me this _____ day of _____________, 2015

by ______________________________, of _____________________________________.

Printed Name of Owner / Officer Corporate or Company Name

He/She is personally known to me or has produced ________________________________ as

State Drivers License Number

i dentification, and did _______ / did not __ _____ take an oath.

___________________________________________ Signature of Person Taking Acknowledgment

___________________________________________ Printed Name of Person Taking Acknowledgment

____________________________ Notary Seal

CITY OF LAKELAND

BY:
Karen Lukhaub, Director of Risk Management

DATE
Page 2 of 2SPECIFICATION SAFETY REQUIREMENTS (Revis ed September 2014)

The following safety requirements are comprehensive in nature with some site specificity; therefore, not all sections are applicable to every Contract. Please apply those safety requirements as site or situation dictates. NOTE: All C ity project representatives who assume responsibility for contract management will be responsible for insuring compliance with these safety requirements by all Contractors and/or Subcontractors.

I. GENERAL

A. The Contractor shall comply with all Federal /State Occupational Safety and Health Act (OSHA) Standards and any other rules and regulations applicable to

construction and/or maintenance activities in the State of Florida. The Contractor shall also comply with county, city, or any other agency’s rule s and regulations regarding safety.

B. The City’s safety personnel or any City supervisor may order that the work be stopped if a condition of immediate danger is found to exist. Nothing contained herein shall be construed to shift responsibility or risk of loss for injuries or damage sustained as a result of a violation of this Article from the Contractor to the City; and the Contractor shall remain solely and exclusively responsible for compliance with all safety requirements and for the safety of all p ersons and property at the project site.

C. The parties hereto expressly agree that the obligation to comply with applicable safety provisions is a material provision of this Contract and a duty of the Contractor. The City reserves the right to require d emonstration of compliance with the safety provisions of this Contract. The parties agree that such failure is deemed to be a material breach of this Agreement; and the Contractor agrees upon such breach, all work pursuant to the Contract shall terminate until demonstration to the City that the safety provisions of this Agreement have been complied with. In no event shall action or failure to act on the part of the City be construed as a duty to enforce the safety provisions of this Agreement, nor shall i t be construed to create liability for the City for any act or failure to act in respect to the safety provisions of this Agreement.

II. SAFETY EQUIPMENT

All City safety policies and procedures will be strictly adhered to and enforced by the City of Lake land Safety Division, which may include work stoppage or removal of Contractor and/or personnel. Such policies and procedures are available upon request. These safety regulations include, but are not limited to:

A. All persons on City property will wear industrial safety glasses with affixed side shields at all times, except when in an office building or construction trailer, in the enclosed cab of a motor vehicle, or during a break period when all work has stopped.B. All persons on City property will wear an approved hard hat in good repair at all times, except when in an office building or construction trailer, in the enclosed cab of a motor vehicle, or during a break period when all work has stopped. Bump hats, or “cowboy style” hard hats are not a cceptable at any time.

C. All persons on City property and in an area where the noise level exceeds 85db must wear hearing protection that complies with ANSI S3.19

- 74 (ear muffs and/or approved ear plugs with an NRR of at least 30). This includes areas w here noisy equipment is in use (i.e. jack hammers, electric or air drills, heavy equipment with open cabs, pipe cutting saws, etc.) and in a plant environment where posted.

D. Sport or athletic

- type style shoes are NOT considered a suitable work shoe and are not acceptable as work shoes at this location

.

E

. Any person on City property, in an area where tools are being used that cause or may cause flying particles or an area where there is a potential of excessive dust or airborne particles, must wear, in addition to and over their industrial safety glasses, either soft

- sided goggles or a full face shield/protector, and the appropriate respiratory protection equipment.

F. Where vehicular and/or pedestrian traffic is affected:

1. Maintenance of Traffic

The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contracto r shall, at his own expense, provide and maintain suitable and safe detours or other temporary expedients for the accommodation of public and private travel, and shall give reasonable notice to owners of private drives before interfering

with th em. Such maintenance of traffic will not be required when the Contractor has obtained permission from the owner and tenant of private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point.

2. Barricades and Lights

All streets, roads, highways, and other public thoroughfares, which are closed to traffic, shall be protected by effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the

nea rest intersecting public highway or street on each side of the blocked section and all other positions required by applicable standards. All barricades and obstructions shall be illuminated by means of warning lights from sunset to sunrise. Materials sto red upon or alongside public streets and highways shall be so placed, and at the work at all times shall be so conducted, as to cause the minimum obstruction and inconvenience to the traveling public. All barricades, signs, lights, and other protective dev ices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway rights

- of

- way, as required by the authority having jurisdiction thereover.

All Contractor owned or controlled vehicles and/or equipment which will be operated on or within ten (10) feet of the roadway will be equippedwith a minimum of one amber 360 degree Class I warning device. This device must meet minimum standards for utility construction purposes such as a minimum of 500, 000 candlepower and visible from 360 degrees of mounting. The warning device(s) must be in operation at all times that a vehicle/equipment is on the roadway or within the ten (10) feet of runoff

area and not in a “normal” travel status.

All personnel, wh en working within fifteen (15) feet of the roadway, for fifteen (15) minutes or more must wear approved FDOT reflective vests.

3. Damage to Existing Property

The Contractor will be held responsible for any damage to existing structures, work, materials, or equipment because of his operations and shall repair or replace any damaged structures, work, materials, or equipment to the satisfaction of, and at no additional cost to, the City,

unless otherwise addressed in the Contract.

III. TOXIC SUBSTANCES

The Co ntractor shall be responsible for compliance any and all Federal, State or Local Right

- To

- Know

- Law for its employees and the employees of any and all Subcontractors the Contractor brings on or causes to be on the project site, inclusive of pesticides and/o r herbicides.

The Contractor shall, between receiving the Contract and coming on the project site to begin work, provide the City’s field representative with affidavits and/or training documents stating that ALL personnel the Contractor brings on, or caus es to be on the project site, have been given training or possess the appropriate licenses (if required) on any toxic substances said personnel will be working with or may be exposed to while working at the job site.

The Contractor shall provide/give to t he City’s field representative a copy of manufacturer’s MSDS or SDS (as appropriate) for ANY and ALL “Toxic Chemicals” used by or brought on the project site by the Contractor or Subcontractor prior to the substance(s) being delivered to the City’s propert y.

The Contractor and/or Subcontractor must be provided MSDS(s) or SDS’s (as appropriate) which is / are in the possession of the City upon receipt of a written request. The City may establish reasonable procedures for acting upon such requests to avoid interruption of normal work operations.

Before any work shall begin, the Contractor shall arrange a meeting to advise City’s field representative about safety and any dangers City employees will be subjected to, due to the presence of chemicals on the pro ject site.

IV. CONFINED SPACEA. Contractor shall provide documentation to the City of Lakeland Safety Division representative which testifies to the level of Confined Space training the contract personnel have completed. In addition, if only contract e mployees are to enter the confined space, contractors are responsible for air monitoring of the space. Further, the contractor must ensure that rescue personnel are available prior to entry. Therefore the contractor is responsible for providing all necess ary equipment in order to perform confined space operations. This includes providing appropriate air monitors with documentation indicating a calibration date of no more than 30 days prior to entry.

B. Contractor shall familiarize themselves and abide by the published City of Lakeland Confined Space procedure and permit system. The contractor is responsible for training their personnel on the provisions contained in this published procedure.

V. PLANT SITE EMERGENCY CONDITIONS

A. In the event a contractor is working on a City of Lakeland Plant Site and a plant site emergency condition (i.e. major fire, hazardous fluid/gas leak, bomb threat, etc.) occurs, the CONTRACTOR and the CONTRACTOR’S employees shall follow all instructions issued by the CITY. Upon notif ication of plant site emergency, the CONTRACTOR and all contract employees shall evacuate to the CONTRACTOR’S parking lot. The CITY will issue further instructions to the CONTRACTOR indicating when the CONTRACTOR may return to the plant site.

B. All contrac tors who perform services at McIntosh Power Plant or in the vicinity of this area (within 1000 feet of fence line) shall ensure their personnel are made aware of the presence of anhydrous ammonia . This employee awareness must include chemical properties, site, sound and symptoms related to exposure and the emergency signal and procedure used at the facility in the event of a release.

C. All contractors who perform services at either a wastewater plant or a fresh water plant or in the vicinity of these areas (within 1000 feet of fence line) shall ensure their personnel are made aware of the presence of chlorine . This employee awareness must include chemical properties, site, sound and symptoms related to exposure and the emergency signal and procedure used a t the facility in the event of a release.

D. All Contractors personnel shall be required to undergo chlorine safety training to be provided by the City should gaseous chlorine be utilized at the work location. The City will provide one training session and thereafter the Contractor shall be responsible for conducting the training using materials provided by the City. Contractor shall supply proof of completion of training to the City prior to any personnel reporting to the site.

E. All Contractors personnel shall be required to undergo anhydrous ammonia safety training to be provided by the City should gaseous anhydrous ammonia be utilized at the work location. The City will provide one training session and thereafter the Contractor shall be responsible for conducting the training using materials provided by the City. Contractor shall supply proof of completion of training to the City prior to any personnel reporting to the site.

VI

. PROCESS SAFETY MANAGEMENTA. Purpose

The purpose of this procedure is to describe contractor qualification, contractor employee training, and access control requirements. It also describes how contractor PSM performance will be evaluated and it documents the Contractor Injury and Illness Log procedure.

B. Scope

This procedure a pplies to all contractors hired by the City of Lakeland

- Lakeland
Electric

- Energy Supply who perform work on site that have the potential to impact the Selective Catalytic Reduction (SCR) Ammonia System area and/or the City of Lakeland Chlorine faciliti es

C. Responsibilities

1. The Plant Superintendent (North McIntosh, W.Carl Dicks, and Williams Water Treatment) shall be responsible for requesting contractor safety qualifications, establishing and maintaining a PSM

- Approved Contractor List, maintainin g Contractor safety qualification records, performing periodic contractor audits, and maintaining the contractor injury and illness log.

2. All City of Lakeland employees who requisition contractor services shall be responsible for choosing contractors fr om the PSM

- Approved Contractor List and monitoring contractor safety performance.

3. All City of Lakeland employees shall be responsible for notifying the appropriate Plant Superintendent if they become aware of unauthorized contractors working on or nea r PSM covered processes.

D. Requisitioning Contractor Services

When requisitioning contractor services to perform work on or near the SCR ammonia process or chlorine facilities City of Lakeland employees shall choose only contractors who have been listed on the PSM

- Approved Contractors List.

E. Contractor Qualification Requirements

All contractors performing work on the covered process or and those performing work which has the potential to cause an accidental release of the product shall meet the qualific ation and training requirements given below.

1. Qualification Criteria

a. To be considered for inclusion on the PSM

- Approved Contractors List, contractors must submit the following along with their bid for work to be performed on or near the SCR ammonia process or or chlorine

b. Documentation of their Experience Modification Rate (EMR), which must be less than or equal to 1.00

c. A letter stating their drug and alcohol policy. Only contractors who certify a Drug

- Free Workplace will be accepted.

d. Their written Safety Compliance Program.

e. The Plant Superintendent in conjunction with the Safety Officer shall evaluate the information, which is submitted with the bids,and determine which contractors shall be approved for work on or near the covered process.

2. Con tractor Employee Training Requirements

a. The Plant Superintendent shall provide a Contractor’s Process Safety Information package to contractors who are approved for
inclusion on the PSM

- Approved Contractors List.

b. The Contractor’s Process Safety Info rmation package shall include the following information:

(1) General Safety/Security requirements for the site

(2) An outline of the City of Lakeland work practices and procedures manual including Confined Space Entry, Line Breaking, Lockout Tagout, and Hot Work Procedures.

(3) An outline of the appropriate Emergency Response Plan.

(4) A written description of the SCR ammonia process or chlorine process.

(5) An outline of the City of Lakeland Management of Change
Procedure.

c. The Contractors shall train their em ployees on the covered materials and on the hazards of the particular chemical involved. They shall administer an appropriate test to confirm the employees’ understanding of the material.

d. The Contractors shall document the training, including the names
of employees trained, dates of training, and the employee’s test grade.

e. Each contractor employee shall complete refresher training at least every three years.

F. Access Control

The contractor shall submit the employee training information to the Plant Superintendent before or upon arrival for work at the site. The Plant Superintendent shall review the information and ensure that only trained employees are allowed to work on or near the PSM process.

ProcessThe McIntosh Power Plan t has one system that is covered by 29 CFR 1910.119 Process Safety Management of Highly Hazardous Chemicals : The Selective Catalytic Reduction Ammonia system (SCR) which is used to reduce Nox emissions on COL Unit # 5.

W. Carl Dicks and the Northside Wate r Reclamation facilities, in conjunction with the Thomas Williams Water Treatment Facility contain chlorine in such quantity that is covered in the PSM

standard.

In accordance with 29 CFR 1910.119 (h) (1) (Process Safety Management), the City of Lakelan d

- Lakeland Electric

- Energy Supply and the Department of Water Utilities is required to review the safety performance and safety program of contractors who perform maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to systems that are covered by the standard as part of the evaluation used to determine the award of contracts. In order for a company to be evaluated for award of the contract, a completed, signed and dated Contractor Safety

Evaluation form must be submitte d along with a copy of the contractor’s Experience Modification Rate (EMR) on Insurance Company Letterhead. Failure to submit the Contractor Safety Evaluation will remove the Contractor from the qualified contractor/vendor list and the contractor will not be eligible for award of the contract.

All contractors awarded work that is on the systems covered by the Process Safety Management Standard shall provide documentation that all employees have received training in the potential fire, explosion, or toxi c release hazards related to his/her job and the process and the applicable provisions of the emergency plan. The documentation shall include the identity of the contract employee, the date of the training, and the means used to verify that the employee u nderstood the training. In addition, a Job Hazard Analysis (JHA) is required for all work on systems covered by the Process Safety Management Standard and the JHA must be reviewed by all personnel involved in the work prior to the work beginning, and as n eeded, during the progress of the work. Any modification to the JHA during the job must be approved by the senior contractor supervisor on site and either the City of Lakeland Safety Manager specific Plant Superintendent, or their designees.

All contra ctors awarded work that is on the systems covered by the Process Safety Management Standard shall report any injuries or illness related to work in the process areas immediately and shall provide an injury and illness log on a weekly basis to the City of L akeland Safety Manager.

All contractors awarded work that is on the systems covered by the Process Safety Management Standard shall comply with all other pertinent provisions of 29 CFR 1910.119 that are not mentioned

in this document.AGREEMENT

THIS AGREEMENT , made and entered into on this ____ day of _________________, 201 5 , by and

between the City of Lakeland, Florida , a municipality organized and existing in accordance with the laws of the

State of Florida, hereinafter referred to as the " City ", located at 228 South Massachusetts Avenue, Lakeland,

Florida 33801

- 5086 , and ___________________________ a _____________ corporation

, located at

______________________ ______________________ hereinafter referred to as the "Contractor".

WITNESSETH:

WHEREAS, City has previously determined that it has a need for ________________ services ; and

WHEREAS, C ity solicited competitive bids /issued a Request for Proposal (RFP) for su ch services

pursuant to ( City of Lakeland Invitation to Bid No. _________ or RFP No. _____ ) (hereinafter ITB or RFP );

and

WHEREAS, City awarded the ( Bid /Proposal) to Contractor; and

WHEREAS, Contractor has represented that it is able to satisfactorily prov ide the services according

to the terms and con ditions of the ( ITB/RFP ) , which are incorporated herein by reference, and the terms and

conditions contained herein; and

NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties

agree as follows:

1. Services to be Performed . The Contractor hereby agrees to provide the City with

_______________________, as requested and more specifically outlined in the ( ITB/RFP ) , this Agreement

,

the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A”

, and all

subsequent official documents that form the Contract Documents for this Agreement

.

2. Time of Service . Services shall be per formed in a timely manner, as specified in the

( Invitation to Bid / RFP )

.

3. Term of Agreement/Option of Renewal . This Agreement shall be in effect for an initial term of

______ ( months /years ) from ______________ (the “Effective Date”) and any extension thereof. This

Agreement may be renewed subject to execution of a written agreement between the City and Contractor for

up to ___ additional ____ period (s) beyond the initial contract period. This option shall be exercised only if all

terms and conditions remain the same and approval is granted by the City or its authorized representative.

14. Amendment of the Contract . This Agreement may be amended only by mutual written

agreement of the parties.

5. Assignment/Subcontracting . The Contractor shall p erform this Agreement . No assignment or

subcontracting shall be allowed without the prior written consent of the City . In the event of a corporate

acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) business days

of Contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to

terminate this Agreement , which shall not be unreasonably withheld by City , shall include, but not be limit ed to,

instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any

local, state or federal laws. Action by the City awarding a ( bid /proposal ) to a contractor which has disclosed its

intent to assign or subcontract in its response to the ( ITB /RFP ) , without exception shall constitute approval for

purpose s of this Agreement.

6. Cancellation

. City reserves the right to cancel this Agreement , without cause, by providing

thirty (30) days prior written notic e to the Contractor of its intention to cancel, or with cause if at any time the

Contractor fails to fulfill or abide by any of the terms or conditions specified.

Failure of the Contractor to comply with any of the provisions of this Agreement shall be

c onsidered a material breach of contract and shall be cause for immediate termination of the Agreement at the

discretion of the City.

In addition to all other legal remedies available to City , C ity reserves the right to

cancel and obtain from another source any items which have not been provided within the period of time

stated in the ( bid /proposal) , or if no such time is stated, within a reasonable period of time from the date of

order or request, as determined by City

.

In addition, in the event that sufficient budgeted funds are not available for a new fiscal

period, the City shall notify the Contractor of such occurrence and the City shall terminate this Agreement on

the last day of the then current fiscal period witho ut penalty or expense to the City

.

7. Prohibition of Contingent Fees . The Contractor warrants that it has not employed or retained

any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this

Agreement and that it has not paid or agreed to pay any person, company, corpora tion, individual or firm other

than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other

2consideration contingent upon or resulting from the award of making of this Agreement. In the event of breach

of this provision, the City shall have the right to terminate this Agreement without further liability and, in its sole

discretion, deduct from the contract price, or otherwise recover, the full amount of any such fee, commission,

percentage, gift or consideratio n paid as a result of said breach.

8

. Compensation

. City shall pay Contractor upon Contractor’s completion of, and C ity’s

acceptance of, the services required herein, as specified in the ( ITB/RFP ) and as set forth in the City’s Cost

Proposal Letter

, at tached hereto and incorporated herein by reference as Appendix 1 . Prices shall remain

firm for the duration of the contract. All payments shall be made in accordance with Fla. Stat. § 218.70, et

.

seq

. , the Local Government Prompt Payment Act. City shall pay Contractor the actual costs of all reimbursable

expenses incurred in connection with City approved Services pursuant to this Agreement, provided that

reimbursement for travel and subsistence expenses shall be paid in accordance with the City of Lakelan d’s

Consultant Reimbursement Policy , attached hereto and incorporated herein by reference as Appendix 2

.

9. Ownership of Documents . All data, specifications, calculations, estimates, plans, drawings,

construction documents, photographs, summaries, repor ts, memoranda and other documents, instruments,

information and material prepared or accumulated by the Contractor or its subcontractors in rendering

services pursuant to this Agreement shall be the sole property of the City which may have access to the

re producible copies at no additional cost other than printing. In no event shall Contractor be liable or

responsible to anyone for the City’s use of any such information or material in another proje ct or following

termination of this Agreement.

10

. Perm its/ Licenses . Contractor must secure and maintain any and all permits and licenses

required to complete services pursuant to this Agreement.

11

. Access to Records/ Audit . The Contractor shall retain all records relating to this contract for a

period of at least three (3) years after final payment is made. Contractor shall maintain accounting records in

accordance with generally accepted accounting principles and practices to substantiate all invoice amounts to

the City. City reserves the right to au dit such records upon notice to the Contractor.

1 2

. Public Records . Contractor shall comply with Florida Statute Chapter 119, the Florida Public

Records Act as it relates to records kept and maintained by Contractor in performance of services pursuant to

this Agreement. In accordance with Florida Statute § 119.0701, Contractor shall be required to provide public

3access to such records at a cost that does not exceed the statutory requirements or as otherwise provided by

law. In the event any such records are exempt or confidential from public records disclosure Contractor shall

ensure that those records are not disclosed except as authorized by law. Contractor shall meet all

requirements for retaining public records and shall transfer at no cost to the Ci ty

, all public records in

possession of the Contractor upon termination of the Agreement and destroy duplicate public records that are

exempt or confidential and exempt from public records disclosure requirements. All records stored

electronically must be provided to the City in a format that is compatible with the information technology

system of the City.

1 3

. Minimum Insurance Requirements . The Contractor must maintain insurance , at its own

expense, in at least the amounts set forth in Exhibit “B” at tached hereto and incorporated herein by

reference throughout the term of this Agreement . The C ontractor must provide a Certificate of Insurance in

accordance with said Insurance Requirements evidencing such coverage prior to issuance of a purchase

order or commencement of any work under this Agreement

.

1 4

. Indemnification . Contractor shall indemnify, pay the cost of defense, including attorneys' fees,

and hold harmless the City from all suits, actions or claims of any character brought on account of a ny injuries

or damages received or sustained by Contractor in accordance with the indemnification provision set forth in

Exhibit “C” , attached hereto and incorporated herein by reference.

1 5

. Jurisdiction/ Venue/ Governing Law

. The Parties consent to jurisdiction and venue of the

Courts of Polk County, Florida or the United States District Court in and for the Middle District of Florida,

Tampa Division in connection with any action or proceeding arising out of or relating to this Agreement

,

document or instrument delivered pursuant to, in connection with, or simultaneously with this Agreement , or

breach of this Agreement or any such document or instrument. The laws of the State of Florida shall govern

this Agreement.

1 6

. Indep endent Contractor Status . The Contractor is and shall remain an independent

contractor and is neither an agent, employee, partner, nor joint venturer of the City

.

1 7

. Compliance with Laws . Contractor shall comply with all applicable local, state and fed eral

ordinances, codes, laws, statutes, regulations and standards in force during the term of this Agreement.

1 8

. Severability . The terms and conditions of this A greement shall be deemed to be severable.

4Consequently, if any clause, term, or condition h ereof shall be held to be illegal or void, such determination

shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such

determination, this A greement shall continue in full force and effect unless the particular clause, term, or

condition held to be illegal or void renders the balance of the agreement to be impossible of performance.

1 9

. Documents Comprising Contract . The Contract shall include this Agreement for _________

services and appendices, as well as the following documents which are incorporated herein by reference.

a City of Lakeland ( Invitation to Bid /Request for Proposal ) and all of

its addenda and attachments , including Exhibit “A”, Scope of
Services ; and

b. Contractor's Certificate of Insurance as required in Exhibit “B” ;

c. Contractor’s Indemnification and Hold Harmless as required in

Exhibit “C” ; and

d Contractor’s Bond(s), as required in Section

___ of the ( ITB/RFP ) ; and

e

. Contractor’s ( Bid /Proposal)

If there is a conflict between the terms of this Agreement and the above referenced documents, then the

conflict shall be resolved as follows: the terms of this Agreement shall prevail over the other documents, and

the terms of the remaining documents shall be given preference i n their above listed order.

20. NOTICES

. All Notices pursuant to this Agreement shall be deemed sufficiently given when in

writing when (i) personally served on a party to be notified, (ii) delivery by overnight express courier, or

(iii) three (3) business days following deposit in the United States mail, postage prepaid certified delivery,

directed to the party to be notified at the following address:

Contractor:_______________________

________________________________

______________________________ __

As to City:

________________________________

________________________________

________________________________

5I N WITNESS WHEREOF, the parties herein have executed this Agreement for ____________

services pursuant to ( City Bid No. /RFP No. ) as of the day and year first written above.

CITY OF LAKELAND , FLORIDA CONTRACTOR

____________________________________

_________________________________ President (Signature) R. Howard Wiggs , Mayor

_____________________________________ President (Printed Name)

[Corporate Seal]

ATTEST: ATTEST:

By: ______________________________ By: _________________________________ Kelly S. Koos, City Clerk (Attesting Witness’ name/title)

APPROVED AS TO FORM AND CORRECTNESS :

By:______

_________________________________ Timothy J. McCausland, City Attorney

6