X-C-1 JANUARY 4, 2016

Bidder / Location Evaluated Price Type of Catalyst Offered Option 1A (7.1 mm pitch): $270,425.00 Regenerated layer from inventory Option 1B (8.2 mm pitch): $270,425.00 Regenerated layer from inventory Option 1C (Regenerate one (1) existing top layer): $250,830.00 Regenerate an existing layer

CERAM / Overland Park, Kansas Option 1A (2 x 570 mm length - shorter): $572,000.00 Option 1B (2 x 700 mm length - longer): $632,000.00 New layer / New Layer

Cormetech / Durham, North Carolina $630,000.00 New layer Mitsubishi Hitachi / Basking Ridge, New Jersey $642,000.00 New layer

Johnson Matthey / Alpharetta, Georgia $616,000.00 New layer Haldor Topsoe / Houston, Texas $812,380.00 New layer Option 1 - One (1) SCR NOx Catalyst Layer Only

SCR-Tech / Charlotte, North Carolina MEMORANDUM

TO: MAYOR AND CITY COMMISSION

FROM: CITY ATTORNEY'S OFFICE

DATE: January 4, 2016

RE: Approval to Procure Services with SCR-Tech to Regenerate Catalyst Layers for McIntosh Power Plant Unit 3 Selective Catalytic Reduction Reactor System

Attached hereto for your consider ation is a proposal to procure services with SCR-Tech to regenerate catalyst layers for the Unit 3 Se lective Catalytic Reduction (SCR) Reactor System at Lakel and Electric’s McIntosh Power Plant. The SCR, which has been in service sinc e November 2009, now requires that the catalyst layers either be repl aced or regenerated due to its age.

Accordingly, the City’s Purchasing Depar tment issued Invitation to Bid (ITB) No. 5266A with two (2) bid options. The first option was to furnish one (1) new replacement catalyst layer per SCR reacto r. The second option was to purchase a combination catalyst that would assi st with both NOx and mercury emissions control. However, upon further evaluat ion, staff does not recommend the second option as the cost is more expensive and Lakeland Electric’s existing mercury reduction program is very successful. Init ially, staff planned to replace one layer in

2016 and another in 2017. However, the cost to regener ate one layer of catalyst was found to be significant ly less expensive than proc uring a new replacement layer. Therefore, Lakeland El ectric seeks to regenerate two (2) layers of catalyst in 2016 during the scheduled Unit 3 Spring 2016 Outage. A total of six (6) bidders responded to the City’s ITB:All of the bids were evaluated by Lakel and Electric staff based on a vendor’s ability to meet the City’s bi d criteria, specifications, qualifications and schedule. SCR-Tech was selected as the most respon sive responsible lowest cost bidder, with staff selecting Option 1C, which involves the regeneration of existing catalyst layers. Services are scheduled to commence upon approval by the City Commission and issuance of a purchase or der. All terms/conditions will be in accordance with the City’s bid specifications. Thereafter, catalyst regeneration will begin February 27, 2016 and is anticipated to be comple ted by April 20, 2016. Specifically, the catalyst layers wil l be removed and shipped to the SCR-Tech facility, chemically regenerated to a lik e new condition, returned and then reinstalled. SCR-Tech will regenerate two (2) existing ca talyst layers at a total cost of $501,660.00. The removal and re-installati on of the catalyst layers will be performed by City staff. These cost s are approved and budgeted in Lakeland Electric’s FY2016 budget.

It is recommended that the appropria te City officials be authorized to approve the procurement of se rvices with SCR-Tech to regenerate catalyst layers for the Unit 3 Selective Catalytic Redu ction (SCR) Reactor System at Lakeland

Electric’s McIntosh Power Plant.

RS

attachmentSPECIFICATION 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 SSG 1 Conformed Specification 12

- 14

- 2015 SSGSpecification No. 15015 Rev. 1 12/14/15 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. 1 12/14/15 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

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

7.9 SUBSTITUTIONS

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

7.10 GUARANTEES

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

7.11 PERFORMANCE GUARANTEE AND EQUIPMENT WARRANTY

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

7.12 VENDOR'S OBLIGATIONS

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

7.13 VENDOR'S COOPERATION

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

7.14 ASSIGNMENT

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

7.15 CODES AND REGULATIONS

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

7. 16 OWNER'S REPRESENTATIVE

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

7.17 INSPECTION

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

7.18 FIRE PROTECTION

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

7.19 SIT E CLEANUP

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

7.20 PLANT LOCATION AND ACCESS

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

7.21 ENTRANCE GATE AND PARKING

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

7.22 OPERATIONS INTERFERENCE

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

7.23 ROYALTIES AND PATENTS

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

7.24 DAMAGES TO ASBESTOS DESIGNATED EQUIPMENT

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

7.25 LICENSES AND INSURANCE

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

7.26 DEFAULT

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

7.27 TERMINATION FOR CONVENIENCE

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

7.28 DELAY

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

7.29 FORCE MAJEURE

................................ ................................ ........................... 28

7.30 CLAIM S AND CONTRACT CLARIFICATION

................................ .............. 28

7.31 JURISDICTION, VENUE AND GOVERNING LAW

................................ ...... 28

7.32 NOTICE

................................ ................................ ................................ ............. 29

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 REQUIREMENTS

ATTACHMENT G

– CONTRACT SCHEDULE

ATTACHMENT H

– VENDOR’S PROPOSALSpecification No. 15015 Rev. 1 12/14/15 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 applic able 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 Owner

c. Bidder

– Bidder shall be the person, persons, partnership, company, or corporati on 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 of 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 shall mean, collectively, and in hierarchical order, the Contract

, the Owner ’s RFP or In vitation 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 Schedule to be completed by the parties.

i. Contract Price

– The total monies, payable to Vendor u nder 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 designated 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. 1 12/14/15 Page 2 l. Fi eld 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. "Hazardous 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 Act of 1980, as amended (42 USC Sections 9601, et seq.); the Hazardous Materials Transporta tion 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 Control 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 laws, 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 documents as may be required by municipal code or charter or by Florida statutes to solicit c ompetitive 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, successor s
, or assigns.

r. Project

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

Contract.

s. Provisional Acceptance

– Provisional Acceptance shall occur upon 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 ) success ful 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 sho wn 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 th e 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. 1 12/14/15 Page 3 v. Shop Drawings

– Al l Manufacturer's and Vendor ’s drawings, 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 Spe cification.

z. Worksite

– The site upon which the Work is to be performed

. The terms “Jobsite” and “Worksite” may be used interchangeably.Specification No. 15015 Rev. 1 12/14/15 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 P ower 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 used 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. Vendor 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, deactivation 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 , p erformance guarantees, and warranty for new SCR Catalyst Modules for Options 1 and 2 per Attachment D.Specification No. 15015 Rev. 1 12/14/15 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 V endor shall provide a schedule for each option offered with the following tasks, but not limited to:

i. Submit drawings to O wner for review and approval

ii. Submit O&M manual to O wner 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. 1 12/14/15 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 th e 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

environment 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 reactor 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 installation. An hydrous 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

. Economizer 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. 1 12/14/15 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 he rein. 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

electrosta tic precipitator (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 minimize 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 Loa d 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 maximum 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

nee ds to stay above 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 pa ss through the 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 minimum 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 programmed 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 sha ll 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 will 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. 1 12/14/15 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 fi xed 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 removabl e 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 sh all 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 the 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 Own er. Owner will track and plot the 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 repl acement 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 peri od. 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 exposed 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 s onic 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. 1 12/14/15 Page 6 sta te those conflicts as bid exceptions.

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 requirements 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 frame work materials are compatible with 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

installation. 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 gaug e 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 eithe r component as may be applied by inspection 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, h andling, short

- term storage, long

- term 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 outage s.

z. Vendor shall provide r equired start

- 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 shu tdown, normal shutdown, periodic checks, 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 clea ning procedures during normal operation, startup and shutdown of McIntosh Unit 3.Specification No. 15015 Rev. 1 12/14/15 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. Ve ndor shall maintain the catalyst in as

- new condition until delivery to Owner is required. 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 s tatus of production activities to ensure that the proper quantities of catalyst modules are in storage and that satisfactory storage methods have been implemented. Vendor shall rectify all deficiencies at no additional charge. Catalyst modules shall be s tored per Vendor’s storage procedures, subject to Owner approval. All catalyst modules 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

s torage prior to installation. Owner reserves the right to refuse shipment of any catalyst 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 V endor 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. 1 12/14/15 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 Vendor 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 prov ide necessary qualified personnel to perform W ork specified by

the Owner

.

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 approve 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 is olate units and make ready for work, when needed.Specification No. 15015 Rev. 1 12/14/15 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 materials 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 re quired to permit positive identification for unloading, storage and re

hauling purposes.

c. All parts 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 at tach 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

unl ess 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 entr ance of foreign matter. Such covers shall be standard plastic pipe thread connectors, 3/8" plywood or 3/16" steel flange covers with temporary gaskets if necessary.

f. Where necessary to prevent internal rusting, desiccant bags or vapor phase inhibitors

shal l 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 prio r 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. 1 12/14/15 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 we ld 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 specified 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 guar antees have been met.

5.4 PERFORMANCE 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 changes 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 written 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 O F 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 SHIPPING POINT AT THE VENDOR 'S EXPENSE.

c. The Vendor s hall 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. 1 12/14/15 Page 11 d. The catalyst module 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 transportation of the catalyst modules to the sta tion. 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 install necessary covers to protect the equipment fro m 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 h andle 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 to 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 instructions 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 installation 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 requirements. Owner must be notified 72 hours p rior 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, including Purchase Order number for partial ship ments, 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]. Each piece and package that is to be shipped

sep arately 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. 1 12/14/15 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 materials 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 the job site without the

Owner approval if the early shipment will r esult 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 equipment 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 site 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 subassemblies as used herein are

defined as mino r 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 w ithout 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 raised at least one inch above

the surface. A s 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. 1 12/14/15 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 packages 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 Ven dor 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 on e (1) electronic AutoCAD file and six (6) copies of the following prints:

a. Outline drawing showing all dimensions needed for installation.

b. Cutaway drawing showing all internal parts and their relative location. This drawing

will include identification of e ach 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) copie s.

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. 1 12/14/15 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 con tracts 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 pecificatio n, and on the Owner’s Invitation to Bid. A satisfactory explanation must be given for not complying 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 inclu de 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 determ ining 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 prices 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 serv ices rendered using 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) cataly st 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. 1 12/14/15 Page 15 v. Terms of payment for work completed on the Jobsite which wi ll 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 any 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 proj ect indicating 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 shall 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 installation 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 sys tem or equipment 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 the W ork.Specification No. 15015 Rev. 1 12/14/15 Page 16 6.3 BID ADDENDA

The Owner may , during the bidding 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 there in.

6.4 OPTIONAL SITE 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 visit.

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 arise 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 notification 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 t his meeting.

6.7 COMPATIBILITY WITH JOBSITE CONDITIONS

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 o f the Work to more than one Bidder.Specification No. 15015 Rev. 1 12/14/15 Page 17 SECTION 7.0 GENERAL PROVISIONS

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 the Agreement may be a Contract signed by an authorized person employed by the successful bidder and by the representative 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

a dopted 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 SCHEDULE

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 precedence 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 stated in the Owner's production schedule. In the event the Vendor falls behind the project schedul e 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. 1 12/14/15 Page 18 d. The Ven dor shall provide a Schedule in an electronic format sufficiently detailed to allow

the Owner to coordinate all Work with on

- going operations, maintenance and outages.

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

, Owner and any other party deemed necessary by the Owner

.

7.4 SUB CONTRACT OR S

The Vendor 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 th e 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 inv oice submitted to the Owner

.

b. Should any work done during the guarantee period require correction because of faulty workmanship 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 corrective 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 compl eted. The Owner shall review the invoice, verify the completion of the milestone, and if accepted, pay the invoiced amount. The final 10% of the contract price will be retained until after outage, installation, and operation.

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 accou nt 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 adequate ly 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. 1 12/14/15 Page 19 d. If the Vendor has made application as required above, the Owner shall review the amount requested and, if satisfactory, ap prove 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 accordance with the C ontract D ocuments.

f. Terms of payment. If the Vendor 's payment terms are not acc epted 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 regenerated SCR NOx catalyst modules in the top and middle layer s (1 and 2) of each SCR, Unit 3 will operate between 50% and 100% load and test coupons from both layers in each SCR will be retrieved and laboratory tested to verify that the 24,000 hour/3 year “relative activity” performance guarantee ha s been met during the

gua rantee period

. The “relative activity” performance guarantee are conditioned on the
layers being maintained at less than 15% pluggage, desig n flow distribution is maintained within 10%, the plant operates at the stated conditions that are agreed upon, and stored per OEM's Operations and Maintenance Manual including no exposure to temperatures less than 0 o C and no contact with water. Also, no damage shall have been caused by customer mishandling or damage by on

- site cleaning systems and the uptake rate of chemical impurities will remain at historical levels provided by the Owner ’s existing catalyst from Layers 1 and 2 at McIntosh Station. Shoul d th is performance guarantee fail to be met, the VENDOR shall make changes that are necessary to meet the guarantees, all at no additional cost to the OWNER in accordance with and subject to the liquidated damages clause set forth in Section 7.11(a)

.

b. Fina l acceptance will not be considered until 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 labo r, material, lands, 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 is 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, t he Vendor shall agree to release the

Owner from any and all claims against the Owner from future claims, actions, and liens.Specification No. 15015 Rev. 1 12/14/15 Page 20 7.8 INVOICES

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

invoices shall be submitted for l abor and material.

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 33801

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 repaired and/or replaced by the Vendor without further cost

to the Owner in accordance with and subject to the liquidated damages clause in Section 7.11(a)

.

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. R epairs, r eplacements or revisions required to meet specified performance shall

be at the Vendor ' s expense subject to the following liquidated damages clause

. Notwithstanding anything in this Section 7.11 or the Contract (including exhibits) to the contrary, in the event the regenerated catalyst provided by Vendor fails to meet the established specif ications and initial guarantees and relative activity guarantee during theSpecification No. 15015 Rev. 1 12/14/15 Page 21 guarantee period, then in such event, Owner shall notify Vendor of such failure and Vendor shall promptly investigate such failure and attempt in its sole discretion, at its sole

co st and expense, to remedy such failure . In the event Vendor is not able to remedy such failure, Vendor shall pay to Owner liquidated damages, which will be Owner’s sole and exclusive remedy for such failure, of an amount equal to 15% ($75,249) during the f irst

y e ar (0 to 8,000 hours / 1 st year), 10% ($50,166) during the second year (8,001 to 16,000

hours / 2 nd year), 5% ($25,083) during the third year (16,001 to 24,000 hours) / 3 rd year) of the total contract value within net forty five (45) days from Vendor’s notification to Owner. Vendor will not be responsible for removal or re

- installation of catalysts.

Catalyst performance may be verified through a 3 rd party testing lab (here inafter “Testing Laboratory”)

. The Testing Laboratory must be mutually agreed upon , in writing, by both parties.

Owner reserves the right to make mutually agreed upon guarantee testing by the Testing Laboratory the official binding results to use in d etermining contract compliance and the basis for calculation of penalties. However, if for sound reasons Vendor disputes results, the following shall apply :

The Testing Laboratory will retain samples for further analysis should results of the

guarantee testing be disputed by either party

. These samples may be retested by the same or another qualified laboratory that is mutually agreed to , in writing, by both parties. In such an event the testing costs will be equally shared by the Owner and Vendor. Th e terms of such testing shall be as mutually agreed upon , in writing, by the Owner and Vendor at the time of the dispute.

Any such disputes shall be received in writing by Owner no later than thirty ( 30 ) days after receipt of third party guarantee test r esults. The results of any retest shall be considered binding for both parties.

b. Equipment

.

i. Subject to the mutually agreed upon Specifications for performance of the catalyst,

a ll equipment and component parts shall have a minimum guarantee against 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 required du ring this period shall be furnished at the Vendor 's expense, F.O.B.

delivered 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.

c. Notwithstanding the foregoing in this Section 7.11, the warranty set forth in this Section 7.11 shall be void and unenforceable in the event the regenerated catalyst supplied by Vendor and installed in Owner’s power plant is plugged by 15% or more or

is da maged by operation of sonic horns, soot blowers, air lances or other cleaning or maintenance equipment or devices or use of chemicals or other additives or is notSpecification No. 15015 Rev. 1 12/14/15 Page 22 operated in accordance with the mutually agreed upon S pecifications.

d. It is expressly understo od and agreed to by the parties hereto that EXCEPT AS
SPECIFICALLY PROVIDED IN THIS AGREEMENT AND ANY EXHIBITS, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, ARE HEREBY EXCLUDED

.

e. After the regeneration of Owner’s existing SCR NOx modules for layers 1 and 2 and prior to the installation of both regenerated layers, one (1) sample from each layer (total of two (2) samples) shall be held for full bench reactor scale testing for initial pressure drop,

maximum initial SO 2 to SO 3 conversion, and initial activity. Owner shall have the option to select Vendor as Testing Laboratory in which the cost of testing both samples is

included in the contract value or 3 rd part y Testing Laboratory mutually agreed upon between Owner and Vendor and Owner is responsible for cost of testing both samples. Should any of the initial performance guarantees fail to be met, the V endor shall make changes that are necessary to meet the gua rantees, all at no additional cost to the O wner in accordance with and subject to the liquidated damages clause set forth in Section 7.11(a).

7.12 VENDOR 'S OBLIGATIONS

a. The Vendor shall, in a good and workmanlike manner, perform all work and furnish all

labor a nd services, except as herein otherwise expressly set forth, necessary to perform and complete all 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 s hall 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 app roval.

c. The Vendor shall furnish all lights, tools, and 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 sha ll be qualified to operate the equipment.

d. Unless otherwise 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 contract 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 enc umbrances.Specification No. 15015 Rev. 1 12/14/15 Page 23 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 Owner'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 n o 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, s hall 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 represent ative and/or field superintendent and such representative 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 or

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 express written consent of the other party.

7.15 CODES AND REGULATIONS

a. All materials and equipment sha ll 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 codes, 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 National Standards Institute

ASME

– American Society of Mechanical Engineers

ASTM

– American Soc iety of Testing and Materials

AWS

– American Welding Society

F.M.

– Factory Mutual

IEEE

– Institute of Electrical and Electronics Engineers

NACE

– National Association of Corrosion EngineersSpecification No. 15015 Rev. 1 12/14/15 Page 24 NEMA

– National Electrical Manufacturers Association

NERC

– North American Electric Reliability Corporation

OSHA

– Occupational Safety and Health Administration

SBCC

– Southern Building Code Congress

SSPC

– Structural 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 specifications, data sheets, Manufacturer’s product information, and drawings, such

conflicts shall i mmediately be brought to the Owner ’s attention and the Owner shall reasonably determine which document prevails.

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 t his C ontract, all questions concerning this P roject shall be directed to a Field Representative. It will be the Field Representative's responsibility to coordinate with necessary Owner personnel as required, including arranging for the tagging of equipmen t 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 equipme nt 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 or reject materials or work not in accordance with the specified requirements shall not b e deemed an acceptance ther eof or a waiver of defects therein.

7.18 FIRE PROTECTION

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

for all work governed by this contract involving cutting, burning, or operations 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 is 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.Specification No. 15015 Rev. 1 12/14/15 Page 25 b. The Vendor shall furnish all refuse containers required for the W ork and will arrange for the periodic remova l 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 applicable :

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

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

materials.

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

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

r egula tions 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 its sub contractor s shall each be limited to bringing only two (2) vehicles

inside of the f enced 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 determine who an unattended vehicle belongs to.

c. The Owner reserves the right to further l imit 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 desig nat 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 liability for any damage whatsoever caused to vehicles parked within the fenced perimeter of th e site.Specification No. 15015 Rev. 1 12/14/15 Page 26 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.

7.23 ROYALTIES AND PATENTS

By accepting any contract or work order resulting from the Specification, the Vendor agrees to indemnify the Owner and to hold the Owner harmless in respect t o 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 any 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 satisfy any judgment entered therein. If, as the result of such suit, th e 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 replace 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, th e 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, provided by Owner , verifying this requirement.

7.25 LICENSES AND INSURANCE

T he Vendor will obtain and maintain, at its own expense, all licenses to comply with all City, County, State and Federal requirements. Insurance to the provided will be in accordance to “INSURANCE REQUIREMENTS” Unit 3 SCR Catalyst Replacement, which is con tained in

Bid 5266A.Specification No. 15015 Rev. 1 12/14/15 Page 27 7.26 DEFAULT

Each of the following shall constitute 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 te rms, 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 hereunder 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 sati sfactorily 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 Ve ndor , 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 para graph to limit or prevent delay damages or other damages that may occur.

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 fa ils 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.Specification No. 15015 Rev. 1 12/14/15 Page 28 7.29 FORCE MAJ EURE

Neither party shall be liable to the other party for failure to perform 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 railc ars, 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. Dat es 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 Florida through the period the Work is anticip ated 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 Contract 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 deter mination.

b. A claim by Vendor must be made within 15 calendar days of Vendor '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 g rant additional time to develop additional detail to the extent Owner requires. 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.

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 impair 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, Fl orida 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 pu rsuant 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 jurisdiction shall apply.Specification No. 15015 Rev. 1 12/14/15 Page 29 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 infor mation 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

- 5050 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 rec eived 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 SHEETSP E R F O R M A N CE D A TA SHE E T F OR O P T I ON 1c (EX P RESS RE G ENER A TION OF C U ST O M ER C ATALYSTS)

1.0 Ca t alyst Ar r ang e m e nt Value

1.1 Nu m b e r of m odules per layer 45

1.2 Total nu m b e r of m odules f or re place me nt ( bo t h laye r s) 90

1.3 Ca t alyst vol u m e f or all m odules per lay e r f t3 5380

1.4 Ca t alyst su r f

a c e a re a e xpos e d to fl u e gas f l o w p e r layer f

t2 590368

1.5 R e c o mme nd e d distan c e b e tw ee n c atalyst laye r s (bot t o m c a talyst suppo r t t o bot t o m c atalyst ft

- 1.6 R e c o mme nd e d distan c e b e tw ee n c atalyst and re a c tor ft

- 1.7 Do c atalyst m odule a r r ang eme nt and

rec o mme nd e d distan ce s b e tw ee n laye r s f it w ith i n

e xisti n g SCR re a c t o r dim e nsio n s? Ans w e r Y e s/No

-

2.0 Ca t alyst D e sign c or r u g a t e d

2.1 M anu f

a c tu rer , and loca t ion of m anu f a c tu r e H a ldor

2.2 M od e l n u m b er , if appl i c able

2.3 Const r u c tion/Type (pl a t e , hon e y c o m b, e t c .) c or r u g a t e d

2.4 Ca t alyst c h e m ical f o r m ulation (list m ajor

c onstituents and any s p ec ial additiv e s) Ti/V/W

2.5 Subst r ate m a te r ial, if a ppli c able

- 2.6 M odule f

r a m e m ate r ial

- 2.7 I s /A r e c u r v e (s) f

or m i n i m um SCR o p e r at i n g
t e m p er ature v e r s us % s u l fur i n c o a l ( a s

- rece i v e d Ans w e r Y e s/No Y e s, see

p a sted b e low

2.8 Ash load a d h er i n g to c atalyst su r f a c e w ithin e a c h lb < 5%

2.9 Ash load a r ou n d e a c h m odule lb < 5%

2.10 Sp ec i f

ic sur f a c e a re a m 2 / m 3 360

2.11 Ca t alyst P it c h mm 9.2

2.12 Ca t alyst w all thi c kn e ss mm 0.8

2.13 Ca t alyst p er c e nt open ar e a (n o m i n al) % 77

2.14 Spa c e v e loci t y at full l o ad 1/ h r 7430

2.15 Ca t alyst su r f

a c e a re a v e loci t y at full load f t/ m in 1.22

2.16 Sup er f

icial velo c ity at i nlet to c atalyst at full load f t/ m in 439

2.17 Ca t alyst su r f

a c e a re a v e loci t y at m i n i m u m load f t/ m in 0.698

2.18 Sup er f

icial velo c ity at i nlet to c atalyst at m i n i m u m load f t/ m in 251

2.19 Li n e ar v e loci t y at full l o ad f t/ m in 569

2.20 Li n e ar v e loci t y at m i n i m u m load f t/ m in 325

2.21 Ca t alyst bulk d e nsity l b / f t3 125

2.22 Ca t alyst m odule w e ig h t lb

- 2.23 Ca t alyst m odule di m e n sio n s ( w i dth x l e ngth x h e ig h t) mm
2.24 Ca t alyst w e ig h t per layer lb

- 2.25 Ho u r s of Ca t alyst L i f e that Ca t alyst Lay e r Mec hanical St r e ngth w ill b e ad e quate f or h r s 40,000/53.0 Ca t alyst Ha n dling a nd Sto r age Value

3.1 Esti m a t e d shi p p i ng w e i ght of c atalyst m odules lb

- 3.2 Esti m a t e d nu m b e r of s hi p m e nts 6

3.3 Will ca t alyst be d e liv ere d in pa c kag i ng suitab l e f or outdoor sto r ag e ? Ans w e r Y e s/No Y e s

3.4 A r e sp ec ial tools f or c a t alyst unloa d i n g a n d l i f t i ng

re quir e d? Ans w e r Y e s/No No

4.0 Ca t alyst G ua r an t ee d P e r f o r m an c e (1 new layer p e r SC R ) Value

4.1 G r oss p la n t outp u t MW 364

4.2 SCR Inlet Av e r age NOx l b /m m BTU 0.36

4.3a SCR Inlet Av e r age NOx l b / h r 1228

4.3b SCR Inlet Av e r age NOx pp m vd @ 243

4.4a D e sign F l u e gas f

low l b / h r 3,516,000

4.4b D e sign F l u e gas f

low a c f m 1,714,000

4.5 M i n i m u m av e r age NOx re du c tion e ff ici e n c y % 86.1

4.6 F l u e gas te m p er a tu r e at SCR c atalyst i n let at full load d e g. F 640

- 675

4.7 F l u e gas te m p er a tu r e at SCR c atalyst i n let at m i n i m um d e g. F 550

- 580

4.8 M i n i m u m f

l u e gas te m p er ature a t SCR c a talyst i n let d e g. F fun c tion of

% S, s e e b e low

4.9 M axi m u m a mm onia slip pp m vd @ 2

4.10 M axi m u m s ta t ic p r e ss u r e d r op p e r n e w SCR c atalyst in w g 0.7

4.11 M axi m u m SO2

--- > SO3 oxidation r ate f or d e sign f

u e l % 0.34

4.12 Ca t alyst li f

e w h ile m e e t i n g all gua r ant e e s h r s / yrs 24000/3

4.13 Exp ec t e d c atalyst li f e h r s / yrs 40,000/5

4.14a R e lative Activity Li m i t f or Consi d er ation of 0.5

4.14b Is w a rr anty provid e d f o r e a c h r e place m e nt c at a lyst Ans w e r Y e s

4.15 An h yd r ous A m m onia c onsu m ption l b / h r 454

4.16 Wa rr anty ( s e e 3.2 gg) A t ta c h

additional

pag e s as

n ece ssary S e e

a tt ac hment

Entitled

“ G e n e r a l

Provision

R e vision)

*Note: This performance data sheet was for top layer (Layer 1 only). Layer 1 and 2 (180 modules total) are to be regenerated. Unless Layer 2 has significantly different chemistry, the performance

should be the same

*Note: Items 4.10 and 4.11 are max initial values.

## Min i m u m fl u e g a s t e m pera t ure at SCR catal y st i nletATTACHMENT E INSURANCE REQUIREMENTSATTACHMENT F SAFETY REQUIREMENTS

## Attachment E

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 Agreement s shall contain 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 d efined 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 t he Agreement with 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 protection 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

a nd 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 prop erty. The Other 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 des cribed insurance, 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 Party. 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 liabilit y, the Other Party'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 of 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 City, 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 Party 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, a s may be applicable 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 Liabilit y: This insurance 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 employees 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. This 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 Compl eted Operations ”

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 b e 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, including 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’ Compensation 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 where 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 Compens ation.

The Other 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 employer’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 Certificates 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 Comm ercial 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.

## Indemnification

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, and 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 costs) 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 b y 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, a ny 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, this indemnification obligation shall not be limited in any way by any limitation on the amou nt 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

th is indemnification 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.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS

CONTRACT OR EACH PURCHASE ORDER OR PROVIDED FOR UNDER ANY

APPLIC ABLE LAW, NEITHER PARTY SHALL BE LIABLE, EITHER IN CONTRACT OR IN TORT, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR

PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT OR ANY PURCHASE ORDER, WHETHER OR NOT THE POSSIBILITY OF SU CH

DAMAGES HAS BEEN DISCLOSED TO THE OTHER PARTY IN ADVANCE OR COULD

HAVE BEEN REASONABLY FORESEEN BY SUCH OTHER PARTY.

NOTWITHSTANDING ANYTHING IN THIS CONTRACT

, PURCHASE ORDER AND EXHIBITS TO THE CONTRARY, EACH PARTY’S TOTAL LIABILITY FOR ANY AND

ALL LIABILITY TO THE OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH

EACH PARTY’S PERFORMANCE OF THE CONTRACT, PURCHASE ORDER AND ALL

OTHER TERMS OF THIS CONTRACT (INCLUDING EXHIBITS) WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY)

SHALL NOT EXCEED THE PURCHASE ORDER PRICE.

Subrogation: The Contractor and 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 waive subrogation without an endorsement, then Contractor or Subcontractor agrees to notifythe insurer and request the policy be endorsed with a Waiver of Transfer of Rights o f Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor or Subcontractor enter into su ch an agreement on a pre

- loss basis.

Release of Liability: Acceptance by the Contractor of the last payment shall be a release to the City and every officer and agent thereof, from 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 wor k.

Savings Clause: The parties agree that to the extent the written terms 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 indemni fication 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 Indemnification shall be enforceable in accordance with and to the greatest extent permitted by Florida Law.ATTACHMENT F

SPECIFICATION SAFETY REQUIREME NTS (Revised 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. NO TE: All City 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 a ll 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 age ncy’s rules 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 responsibili ty 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 safet y of all persons 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 demonstration 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, n or shall it 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

Ci ty of Lakeland 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 pro perty 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 acceptable 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 includ es areas where 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, mus t 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 Contractor 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 interferi ng with them. 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 d esignated 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 nearest 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. Mat erials stored 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 prot ective devices 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 vehic les and/or equipment which will be operated on or within ten (10) feet of the roadway will be equipped with a minimum of one amber 360 degree Class I warning device. This device must meet minimum standards for utility construction purposes

such as a minim um 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 per sonnel, when 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, mate rials, 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 SUBSTANC ES

The Contractor 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 pestic ides and/or

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 o n, or causes 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 the 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 property.

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 project site.IV. CONFINED SPACE

A. 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 employees 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 necessary 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 cont ractor 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 notification 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. A ll contractors 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 p roperties, 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 t hese 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 proced ure used at 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 se ssion 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 respon sible 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 MANAGEMENT

A. Purpose

The purpose of this proced ure 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 p rocedure applies 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 Chlorin e facilities

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, maintaining 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 cont ractors from 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 near 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 b een 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 th e qualification 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 ammon ia processor 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. Thei r 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 pro cess.

2. Contractor 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 S afety Information 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 trai n their employees 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 th e 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.Process

The McIntosh Power Plant 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 Nort hside Water 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 Lakeland

- 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 ad jacent 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 b e submitted 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 contracto r 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, explosio n, or toxic 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 understood 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 needed, 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 contractors 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 Lakeland 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.CERTIFICATE HOLDER

© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION D A TE (MM/ D D/YYYY) 

## C E R TIFI CA T E O F LI AB ILIT Y I N S URANC E

LOC JECT PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY

PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $

PRODUCTS - COMP/OP AG G $

$RETENTIONDED CLAIMS-MADE OCCUR

$ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB

EXCESS LIAB

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 1 01, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS

WC STATUTORY LIMITS OTHER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT $

$

$ ANY PROPRIETOR/PARTNER/EXECUTIVE

If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS NON-OWNED AUTOS AUTOS

AUTOS COMBINED SINGLE LIMIT

BODILY INJURY (Per person)

BODILY INJURY (Per accident)

PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC I ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,

EX CLU S IO N S A N D C O ND ITIO N S O F S UC H P O L I C I ES. L I M IT S S H OW N MAY H AVE BEEN R ED UC ED BY PA I D CL A I MS.

INSR ADDL

WVD SUBR

N / A $ $

(Ea accident)

(Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR A L TER THE COVERAGE AFFORDED BY THE POLICIES

B E LO W

. T H I S C E R TIFI C A T E O F I N S U R ANC E D O ES N O T C O N S TIT U T E A C O N T R AC T B E T W EEN T H E I SS U I N G I N S U R E R (S), A U T H O R I Z ED

R EP R ESE N T A TI VE O R P R O D U C E R

, A N D T H E C E R TIFI CA T E H OL D E R

. I MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

The ACORD name and logo are registered marks of ACORD C O VE RA G ES C E R TIFI CA T E NU M B E R : R EV I S IO N NU M B E R : INSURED PHONE (A

/ C

, No, Ext) : PRODUCER

ADDRESS: E-MAIL FAX (A/ C

, No): CONTACT NAME:

NAIC #

INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F : INSURER(S) AFFORDING COVERAGE

S H O U L D AN Y O F T H E A B O VE D ES C R I B ED P O L I C I ES B E CANC E L L ED B E F O R E THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS. 10/15/2015

Arthur J. Gallagher Risk Management Services, Inc. 1230 North Robinson Avenue Oklahoma City OK 73103-4820

CoaLogix Holdings, Inc. 11707 Steele Creek Road Charlotte NC 28273 Valley Forge Insurance Company Transportation Insurance Company

Endurance Risk Solutions Assurance Continental Casualty Company 20508

20443 20494 Kathryn Wyatt

405-639-3811 405-235-6634 kathryn_wyatt@ajg.com

COALHOL-01

796859008

A Y Y 4034406027 10/15/2015 10/15/2016 1,000,000

100,000

5,000

1,000,000

2,000,000

2,000,000 X

X

X

B Y Y

Y Y X 4034405993 10/15/2015 10/15/2016 1,000,000

C X X

X EXC10004271802 10/15/2015 10/15/2016 10,000,000

10,000,000

D WC4034406013 10/15/2015 10/15/2016 X

1,000,000

1,000,000

1,000,000 Y

D Excess Liability L4031081741 10/15/2015 10/15/2016 Each Occurrence Aggregate $4,000,000 $4,000,000 Y

Certificate Holder is included as Additional Insured on the General Liability policy as per extension endorsement G-144041-D, edition 12-10. Certificate Holder Is included as Additional Insured on the Automobile Liability policy as per BA-Plus form #SCA23500D, edition 10-11. Wavier of Subrogation applies to certificate holder as respects General Liability, Automobile Liability and Workers’ Compensation Policies pursuant to and subject to the policy’s terms, definitions, conditions and exclusions. The insurance provided in the Automobile and General Liability policies is primary and any other insurance shall be excess only, and not contributing. Changes-Notice of Cancellation or Material Coverage Change (30 days), form # G15115-A, edition 10-89, has been issued by the General Liability carrier for Policy 4034406027. See Attached...

The City of Lakeland Attn: Tara Walls, Senior Purchasing Agent 1140 East Parker Street Lakeland FL 33801ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD

© 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,

FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS 

### ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE POLICY NUMBER NAMED INSURED

EFFECTIVE DATE:

Changes -Notice of Cancellation or Material Coverage Change (30 days), form # G300660-A, edition 06-08, has been issued by the Automobile Liability carrier for Policy 4034405993.. Notice of Cancellation or Material Change Endorsement (30 days), form #G-20472-A, edition 10-93 has been issued by the Workers Compensation carrier for Policy WC 4 34406013. 1 1

CoaLogix Holdings, Inc. 11707 Steele Creek Road Charlotte NC 28273

COALHOL-01

Arthur J. Gallagher Risk Management Services, Inc.

25 CERTIFICATE OF LIABILITY INSURANCEATTACHMENT G

CONTRACT SCHEDULE

## City of Lakeland 2 layer Xpress

Action Decayed

Modules
@

Lakeland Regen

Modules
@

Lakeland Total

Modules
@

Lakeland

Rate per Day 16 Rate per Day 10 Trucks per Day 1 Mods per

Truck 16 Trucks per Day 16 Trucks per Day 1 Mods per

Truck 16

Date Day Each Day Cum Each Day Cum Each Day Cum Each Day Cum Each Day Each Day Each Day Each Day Cum Each Day Cum Each Day Cum

1 27-Feb-16 Sat Outage Begins - Shutdown /

Cool

2 28-Feb-16 Sun Cool / Remove insulation panels from layers 1 and 2 doors

3 29-Feb-16 Mon Engineering Inspection / Remove reactors 1 and 2 layer 1 doors and wall seal plates

4 1-Mar-16 Tue Vacuum top of reactor 1 SCR and layer 1 / Remove reactor 1 layer 2 doors and wall seal plates

5 2-Mar-16 Wed Vacuum top of reactor 2 SCR and layer 1 / Remove reactor 2 layer 2 doors and wall seal plates

6 3-Mar-16 Thu 16 16 0 16 16

7 4-Mar-16 Fri Vacuum reactor 1 layer 2 16 32 1 1 16 16 16 16

8 5-Mar-16 Sat Vacuum reactor 2 layer 2 16 48 1 2 16 32 16 16

9 6-Mar-16 Sun 16 64 1 3 16 48 16 16

10 7-Mar-16 Mon 16 80 1 4 16 64 16 16

11 8-Mar-16 Tue 16 96 1 5 16 80 16 16

12 9-Mar-16 Wed 16 112 1 6 16 96 16 16

13 10-Mar-16 Thu 16 128 1 7 16 112 16 16 16 16

14 11-Mar-16 Fri 16 144 1 8 16 128 16 16 16 32

15 12-Mar-16 Sat 16 160 - 1 9 16 144 16 16 16 48 1 1

16 13-Mar-16 Sun 16 176 - 1 10 16 160 16 - 16 16 64 1 2 -
17 14-Mar-16 Mon 4 180 10 10 1 11 16 176 4 6 10 16 80 1 3 16 16

18 15-Mar-16 Tue 10 20 1 12 4 180 - 12 12 16 96 1 4 16 32

19 16-Mar-16 Wed 10 30 18 18 16 112 1 5 16 48

20 17-Mar-16 Thu 10 40 24 24 16 128 1 6 16 64

21 18-Mar-16 Fri 10 50 30 30 16 144 1 7 16 80

22 19-Mar-16 Sat 10 60 36 36 16 160 1 8 16 96

23 20-Mar-16 Sun 10 70 42 42 16 176 1 9 16 112

24 21-Mar-16 Mon 10 80 48 48 4 180 1 10 16 128

25 22-Mar-16 Tue 10 90 54 54 1 11 16 144

26 23-Mar-16 Wed 10 100 60 60 1 12 16 160

27 24-Mar-16 Thu 10 110 66 66 16 176

28 25-Mar-16 Fri 10 120 60 60 4 180

29 26-Mar-16 Sat 10 130 50 50

30 27-Mar-16 Sun 10 140 40 40

31 28-Mar-16 Mon 10 150 30 30

32 29-Mar-16 Tue 10 160 20 20

33 30-Mar-16 Wed 10 170 10 10

34 31-Mar-16 Thu 10 180 - 35 1-Apr-16 Fri

36 2-Apr-16 Sat

37 3-Apr-16 Sun

38 4-Apr-16 Mon

39 5-Apr-16 Tue

40 6-Apr-16 Wed

41 7-Apr-16 Thu

42 8-Apr-16 Fri

43 9-Apr-16 Sat

44 10-Apr-16 Sun

45 11-Apr-16 Mon

46 12-Apr-16 Tue

47 13-Apr-16 Wed

48 14-Apr-16 Thu

49 15-Apr-16 Fri

50 16-Apr-16 Sat

51 17-Apr-16 Sun

52 18-Apr-16 Mon

53 19-Apr-16 Tue

54 20-Apr-16 Wed Outage End Date Modules Removed from

Reactor Decayed Modules Departing Lakeland Trucks Departing

Lakeland Trucks Departing

SCRT Regenerated Modules

Arriving @ Lakeland Modules Installed in

Reactor Modules Regenerated

12/3/2015 1:35 PM CONFIDENTIAL ATTACHMENT G - CONTRACT SCHEDULE.xlsxATTACHMENT H

VENDOR’S PROPOSALSCR Catalyst Management & Regeneration Services

12/11/2015 PROPRIETARY and CONFIDENTIAL Page 1 of 7 

# SCR-Tech’s Proposal

#15090802RREG

REV. 7

Corrugated Catalyst

City of Lakeland, McIntosh Unit 3

December 11, 2015

This Proposal, including but not limited to, any schedules, procedures, pricing information, and data submitted pertaining thereto, is the property of SCR-Tech and is viewed by SCR-Tech as

“ PROPRIETARY AND CONFIDENTIAL INFORMATION ”. Unauthorized disclosure of this SCR-Tech Confidential and Proprietary information is not per mitted without the writt en consent of SCR-Tech.SCR Catalyst Management & Regeneration Services

12/11/2015 PROPRIETARY and CONFIDENTIAL Page 2 of 7 December 11, 2015

Attn: Mr. Sharif Ghorab City of Lakeland Florida

501 E. Lemon St Lakeland, FL 33801-5050
United States of America

Re: Bid No 5266A City of Lakeland McIntosh Power Plant Unit 3 Regeneration of 180 Corrugated Modules for McIntosh Power Plant Unit 3 Proposal #15090802RREG, Rev 7

Executive Summary

SCR-Tech is pleased to offer the City of Lakeland this proposal to provide transportation and express regeneration services for 180 corrugated modules (2 layers) from McIntosh Power Plant Unit 3 Layers1

and 2.

SCR-Tech believes that an express regeneration is a viable option since the McIntosh outage is scheduled for 54 days. The regeneration of these 180 modules can easily be completed within this
timeframe.

Catalyst Specifications

City of Lakeland McIntosh Unit 3 Layer 1 and 2 Corrugated Catalyst OEM: Haldor Topsoe

Pitch: 9.4mm Catalyst Layer Length: 1,000mm Specific Surface Area: 360 m 2 /m 3
Volume per module: 1.69 m 3 per module

Scope of Supply

# SCR-Tech is responsible for:

1 Transportation of 180 deactivated corrugated modules on van trailers from City of Lakeland to

Charlotte NC

2 Regeneration of 180 Corrugated SCR catalyst modules

3 Inspection and cleaning of existing screens, new screens can be provided by SCR-Tech at an additional cost, if required

5 Supply of ash sweeper system if requested by the City of Lakeland

6 Transportation of regenerated SCR catalyst modules with tarp on van trailers from SCR-Tech in Charlotte, NC to Lakeland, FL

# Owner is responsible for:

1 Loading of deactivated SCR catalyst modul es onto trucks provided by SCR-Tech

2 Unloading of regenerated SCR catalyst m odules from trucks provided by SCR-Tech

3 Installation of SCR catalyst modules in the SCR reactor

4 Unloading and installation of ash sweepers if procured by City of Lakeland

5 Procurement and installation of module sealing system (New sealing system can be provided by SC R-Tech at an additional cost, if required)SCR Catalyst Management & Regeneration Services

12/11/2015 PROPRIETARY and CONFIDENTIAL Page 3 of 7 Performance Guarantees

City of Lakeland McIntosh Unit 3 Layers 1 & 2

Guarantee Data Unit

Final Delivery Date Day To Be Specified

Guarantee Service Life (Func tional) hours/years 24,000 / 3

Guarantee Service Life (Mechanical) - Note 1 hours/years 40,000 / 5

Denox Reduction % % ≥ 86.1

Maximum Initial SO 2 to SO 3 Conversion Rate

Test - Note 2 % (mol) 0.34

Pressure Drop in wg @ full layer ≤ 0.70

K 0 - Note 3 m / hr. 42

K at catalyst guarantee end of life-Note 4 m / hr 21.1

Relative activity guarantee end of life (24,000 hrs / 3 years) 0.50

Initial Denox Potential (P 0 ) –Note 5 1.88

Initial Mercury oxidation- Note 6 % 50%

Pluggage (Layer Average) % <5

Note 1 - SCR-Tech's mechanical service life guarantee is conditioned on the layer being maintained at less than 15% pluggage, design flow distribution is maintained within 10%, the plant operates at the stated conditions that are agreed upon, and stor ed per OEM's Operations and Maintenance Manual including no exposure to temperatures less than 0 o C and no contact with water. This does not include damage caused by customer mishandling or damage by on-site cleaning systems. The first 5% damage is considered normal wear and tear. Damaged modules (more than 5% erosion over more than 15% of module) will be replaced by SCR-Tech, wi th installation by City of Lakeland.

Note 2 - Full layer, NH3/NOx mole ratio =1 when te sting for top layer, NH3/NOx mole ratio =0 when testing other layers, tolerance of 0.10%
Note 3 – Target Guarantee provided only. SCR-Tech recommend that test Regeneration be performed

on these modules.

Note 4 – Target Guarantee provided only. Unit operating conditions and fuel must be maintained as specified. For PRB coal only, % over fired air an d oxygen levels must also be maintained. SCR-Tech recommend that test Regeneration be performed on these modules.

Note 5- Target Guarantee provided only. SCR-Tech recommend that test Regeneration be performed on

these modules.

Note 6-Target guarantee is based on layer location, 0.2% CL in Coal, and temperature of 675F. SCRTech recommend that test Regeneration be performed on these modules.

Lab test conditions are shown on the next page in the table.SCR Catalyst Management & Regeneration Services

12/11/2015 PROPRIETARY and CONFIDENTIAL Page 4 of 7 Lab Test Conditions

Test Parameter SCR NOx Activity SO 2 Oxidation

Flue Gas Temperature (deg. F) 662 662

Normal hourly area velocity (NHAV): N m/h 180.6 180.6

Inlet NOx (ppmvd @ actual O2) 252 252

Inlet SO2 (ppmvd @ actual O2) 2300 2300

Oxygen (O2) Concentration (% by volume, dry) 3.9 3.9

Water (H2O) Concentration (% by volume) 9.45 9.45

Nitrogen (N2) (% by volume, dry) Balance Balance

Molar ratio, NH3/NOx 1 1 (top layer) 1

1 NH3/NOx mole ratio =1 when testing for top layer, NH3/NOx mole ratio =0 when testing other layers.SCR Catalyst Management & Regeneration Services

12/11/2015 PROPRIETARY and CONFIDENTIAL Page 5 of 7 Pricing

Description Unit Price Units Comments

Option 1c Express Regeneration
180 Corrugated modules This price is firm and includes all attrition and disposal costs. $2,545 per module $458,100

Transportation and Storage Transportation from Cu stomer Site to SCRTech (cost +10%) $1,320 per load $15,840

Transportation from SCR-Tech to Customer Site (cost +10%) $2,310 per load $27,720

Total Contract Price (Firm) $501,660

1 Transportation pricing assumes 16 modules per load.

Ancillary Products Description Unit Price Units Comments
Ancillary Products 4-way full coverage pallet $35 each Shipping by customer

New module screens $200 each New screen clips $3 each
Design and Supply of Catalyst Module Sealing System $125 per module module to module and

module to wall seals Module Turning Device Rental $200 per day Shipping by customer Module Turning Device Purchase $20,000 each Shipping by customer
Design and Supply of Module Lifting Device Cost+15% each Shipping by customer Emergency Regeneration Shop Space $50,000 each < 30 days’ notice

Field Services

Description Unit Price Units Comments

Additional Labor Fees Technician $170 1 per hour per man Travel and Living Expenses Travel time $500 per day per man

Travel expenses billed at cost plus 10%

Lodging billed at cost plus 10% Meal per diem $75 per man per day

Planning meeting with contractors $0 1 trip This service is provided at no charge

1 Overtime rates: x 1.5 on weekends and x 2 on holidays.SCR Catalyst Management & Regeneration Services

12/11/2015 PROPRIETARY and CONFIDENTIAL Page 6 of 7 Payment Milestones

Description % Amount Expected Timing 1 Comments

Transportation (invoiced upon completion)

Transportation of deactivated modules from

Customer Site to SCR-Tech 100% $15,840 3/4/2016

Transport of regenerated modules from SCRTech to Customer Site 100% $27,720 3/12/2016

Total $43,560

Regeneration (invoiced based on stated milestones)

Upon Purchase Order Acceptance 40% $183,240 12/1/2015

Upon completion of first dry processing 25% $114,525 3/8/2016

Upon completion of final dry processing 20% $91,620 3/10/2016

Upon issuance of Regeneration Report 5% $22,905 3/12/2016

Upon acceptance (after outage installation and operation) 10% $45,810 3/15/2016

Total $458,100

Other (invoiced upon completion)

Seals 100% $11,250 3/12/2016

Field service 2 100% $8,500 3/12/2016

1 All dates are tentative and will be confirmed 30 days prior to ac tual pick up/delivery dates.

2 Pricing based on 10 hours per day for 5 days.

Transportation will be invoiced imm ediately after transportation occurs.

All invoices are payable Net 45 days in accordance with Florida Statute §218.74 et. seq., the Local Government Prompt Payment Act”. An y invoices not paid within 45 days are subject to a 1% late charge for unpaid balance, consistent with the same referenced statute.

SCR-Tech will also have a planning meeting with the contractors that will handle the catalyst to discuss schedule, logistics, equipm ent, etc. This service will be at no charge to the city of Lakeland.SCR Catalyst Management & Regeneration Services

12/11/2015 PROPRIETARY and CONFIDENTIAL Page 7 of 7 Validity

This proposal is valid for ninety (90) days.

Terms & Conditions of Sale

Terms and Conditions are to be mutually agreed upon.

Sincerely,

Jake Shelton SCR-Tech, LLC National Sales Manager (704) 808-0216 Mobile JKS@CoaLogix.com

Cc: Joseph Skipper, Jake Shelton, Logan Shelton