LM5000 Upper Exhaust Stack Replacement 2026 0409 - compressed 4.13.26.pdf

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LM5000 Upper Exhaust Stack Replacement
Solicitation number
BD-26-2082-PMLP-PMLP-128113
Issued by
Massachusetts

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LM5000 Upper Exhaust Stack Replacement - Request for Proposal

This is a Request for Proposal (RFP) document for the Peabody Municipal Light Plant (PMLP), a municipally owned utility in Massachusetts, soliciting bids for the fabrication and replacement of the upper exhaust stack section on an LM5000 combustion turbine, along with associated structural modifications, foundation improvements, and insulation work. The project encompasses four primary bid line items: Foundation Improvements (excavation, drainage installation, concrete extension, and rebar modifications); Structural work (temporary support, stack disconnection and rigging, demolition of existing framing, and installation of new framing modifications); Mechanical installation (fabrication and installation of the new upper stack section and replacement expansion joint); and Insulation (installation of 2-inch mineral fiber board insulation with aluminum cladding on the new upper section). Additionally, two alternate bids are requested for lower section surface preparation and high-temperature coating systems. A mandatory pre-bid meeting is scheduled for April 21, 2026, at 10:00 a.m., with the bid due date of June 2, 2026, at 11:00 a.m. The Notice to Proceed is anticipated for September 1, 2026, with a project start date of September 28, 2026, and scheduled completion by December 15, 2026. The work must be completed over approximately 72 days.

The contract price shall be submitted as a lump sum for each bid line item, with separate T&M rates provided for all crafts, supervision, and management. All prices must remain firm for a minimum of 60 days following bid submission. A bid bond or certified check equal to five percent (5%) of the total bid price is required with submission. The selected contractor must provide a performance bond equal to the total bid price and maintain comprehensive general liability insurance with limits of $5,000,000 per occurrence for bodily injury and property damage, along with automobile liability, workers' compensation, and employer's liability coverage as specified. Prevailing wage requirements apply per Massachusetts General Laws Chapter 149, with wage rates effective as of February 19, 2026, and weekly certified payroll submission mandatory. All subcontractors must be approved by PMLP, and the contractor is fully responsible for coordinating all trades, logistics, and project management. Payment shall be made Net 45 from the end of the month following submittal of AIA G702 payment applications with supporting documentation and partial lien waivers. The project is municipally funded by the Peabody Municipal Light Plant, with permit fees waived by the City of Peabody.

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Peabody Municipal Light Plant

Community Owned. Not for profit. It's Ours.

LEGAL NOTICE

Peabody Municipal Light Plant is asking for bids on: -

LMS000 Upper Exhaust Stack Replacement

Specifications and related documents may be obtained at the Peabody Municipal light Plant (PMLP), 201

Warren Street Extension, Peabody, Massachusetts or at our website WWW.PM LP.COM.

Bids will be received at the PMLP office until 11:00 a.m. on Tuesday, June 2nd, 2026 at which time they will be publicly opened and read. Proposals must be accompanied by a completed bid form.

The Peabody Municipal Lighting Commission reserves the right to reject any or all bids as authorized by law.

ADV.:

APPROVED BY:

Secretary of the Commonwealth's Central Register

The Salem News - Dodge Report

DM,;oo Maaag

PMLP

BID - MATERIALS & LABOR

INSTRUCTIONS TO BIDDERS

1. Peabody Municipal Light Plant (PMLP) will receive proposals for the LM5000 Upper

Exhaust Stack Replacement by 11:00 a.m., Tuesday, June 2nd, 2026, at its General Offices at 201 Warren Street Ext., Peabody, Massachusetts, 01960, at which time the bids will be publicly opened and read. There will be a Mandatory in person Pre-Bid meeting on

Tuesday, April 21st, starting at 10:00 a.m. at 58R Pulaski Street, Peabody, Massachusetts

01960.

2. BIDS --

A. All bids must be submitted along with the completed Bid Form provided in these specifications. If additional space is required, it shall be noted on a supplemental attachment under the bidder's letterhead and entitled "Remarks". This attachment shall become a part of the Bid Form.

B. The Bid Form shall be without interlineations, alterations, measures or changes in phraseology.

C. The Bid Form shall be enclosed in a sealed envelope, clearly marked on the outside with the bidder’s name and address, and the following bold lettering:

"BID: "LM5000 Upper Exhaust Stack Replacement”.

D. Three copies of all bids, along with two electronic copies saved to a thumb drive, must be submitted in a sealed envelope properly marked with the title of the bid and mailed/delivered to:

Peabody Municipal Light Plant

Attn: Joe Anastasi, Manager

201 Warren Street Ext.

Peabody, MA 01960

The thumb drive must be labeled with the Bidders name and Project Contract Number. The scanned copy on the thumb drive should include all required signatures and forms.

E. The Bid Form and supplemental sheets identified on same shall constitute and shall hereinafter be termed the "Bid".

F. The firm submitting a proposal shall assume the responsibility of making a careful examination of the specifications and related documents and all other matters that may affect cost and performance. In making said examination, the contractor shall procure all pertinent information concerning prevailing wage rates to be paid on each job as determined by the Massachusetts Office of the Attorney General. The contractor shall pay the aforesaid rates and shall indemnify and hold harmless the

Peabody Municipal Light Plant, its agents, servants, and employees and the

Commissioners jointly and severally as they constitute a duly elected board by the citizens of the City of Peabody for the failure to pay the prevailing wage as listed at the time of the awarding of a contract as well as any other applicable provision of

G. Each firm shall submit with their proposal, a bid bond or a certified check equal to five percent (5%) of the lump sum for project bid prices or five percent (5%) of the total annual cost for per unit bid prices. If the bid bond or certified check is not included, proposals shall be rejected. (The bid bond will be returned within fourteen (14) days after the award of contract).

H. Each firm shall submit with their proposal evidence of their experience and qualifications to satisfactorily fulfill the specifications and requirements.

I. Each firm submitting a bid shall notify PMLP, in writing, if they find any discrepancies or omissions from the specifications, or if in doubt as to their meaning. If an explanation is necessary, a reply will be made by an addendum issued to all firms who have received specifications. PMLP will not give verbal answers to any inquiries regarding the meanings of the specifications. All inquiries should be addressed to PMLP, Attention: David Hallahan, 201 Warren Street Ext., Peabody, Massachusetts, 01960.

3. CHANGES IN SPECIFICATIONS --

PMLP may advise all firms who have received specifications, by means of addenda, of any changes in the Specifications during the bid period. All such changes shall become a part of the Specifications as if originally included therein.

4. SITE INSPECTIONS --

PMLP is not responsible for any inspections, visits, etc., that may be made to any sites or potential sites in connection with this work. The coordination, approval, and expense for such inspections, visits, etc., is the responsibility of the firm submitting the bid.

5. PRICES --

All prices and applicable discounts will be firm for a minimum of sixty (60) days. Bidders must include on a separate sheet, any discount schedule which may be applicable to this purchase. The bid prices shall include everything necessary for fulfillment of the Contract, including delivery and unloading (at PMLP jobsite, Peabody, MA), except as may be otherwise expressly provided in the Contract Documents.

Massachusetts General Laws Chapter 149 attendant thereto. Bidders are required, at their own expense, to comply with all statutes, including, but not limited to, the aforesaid prevailing wage rate, regulations, ordinances and tests which may be applicable.

6. ESCALATOR CLAUSES --

Bids which are not subject to any form of upward escalator clause are preferred. If firm prices cannot be quoted, the Bidder shall base the escalation provision upon the index stipulated in the specification attached thereto. Failure to do so will be considered grounds for rejection of the bid.

The PMLP reserves the right to consider any bid which may be offered subject to an escalator clause, up or down, that is clearly defined as to basis of escalation, specifically, a given lowest posted price in a nationally recognized index provided that no other index is stipulated in the attached specifications. Preference will be given to bids in accordance to the first paragraph in this section.

7. EXECUTION OF CONTRACT --

A. The Successful Firm will be notified of the award of the Contract in writing and shall properly and promptly execute a Contract on the PMLP Contract Form, within fifteen (15) days after receiving notification of the Award of the Contract.

B. The Successful Firm is required to provide a performance bond equal to the total bid price. This requirement will be included in the contract language.

C. The Successful Firm is required to provide a "Certificate of Insurance", in accordance with the specifications of this bid, upon the execution of said contract.

PMLP strictly prohibits commencement of work under said contract until a proper

"Certificate of Insurance" has been received by PMLP.

D. The Contract, when executed, shall be deemed to include the entire agreement between the parties. The Seller shall not be entitled to any modifications resulting from unauthorized claims or statements made by representatives of PMLP or other persons.

8. TERMS AND CONDITIONS --

The terms and conditions of the contract shall also be in accordance with the attachment entitled "PMLP's Terms and Conditions." Any exceptions to these terms and conditions must be clearly identified in the bid under the category of exceptions to PMLP’s Terms and

Conditions.

9. DEFINITIONS --

The names and words Peabody Municipal Light Plant, PMLP, Purchaser, Owner, and Buyer as used in these documents are synonymous. The names and words, Bidder, Contractor, Firm, Seller, Vendor, and Manufacturer as used in these Contract documents are synonymous.

10. RIGHT TO ACCEPT OR REJECT BIDS --

PMLP reserves the right to accept or reject bids or portions thereof, and to reject all bids, to waive any formalities in the process, if it is deemed to be in the best interests of PMLP.

Proposals received after the public opening date and time shall not be accepted.

11. ITEMS CONTAINED IN THE BID PACKAGE --

- Legal Notice

- Instructions to Bidders

- PMLP's Terms & Conditions

- PMLP's Specifications

- Bid Form

- Prevailing Wages

- Sample Contract

- Certificate of Non-Collusion & Tax Compliance Certification

PMLP

TERMS AND CONDITIONS

MATERIALS & LABOR CONTRACT

1. ENTIRE AGREEMENT AND AMENDMENTS

The terms and provisions of this Contract, together with the terms and provisions of all documents incorporated herein by reference, constitute the full and entire Contract between the Purchaser and the Seller concerning the matters set forth herein, and no other agreement or understanding of any nature whatsoever has been entered into or will be recognized, nor has the Purchaser made any inducements or representations to the Seller except as expressly stated in this Contract. No modification of this Contract shall be binding or have any force or effect on either party, unless reduced to writing and signed by the Purchaser and the Seller, or the authorized representatives of same. No provision of this Contract is intended or shall be construed to be for the benefit of any third party.

2. CHANGES AND/OR AMENDMENTS

The Purchaser shall have the right, from time to time during the terms of this Contract, by written notice to the Seller, to make changes in or additions to drawings, specifications or instructions for the work covered in the Specifications, including the right to expand, decrease or limit the scope and nature of the work to be undertaken, or redirect work already in progress.

Any change to this contract requires written authorization signed by both purchaser and seller prior to any extra work performance. All change orders which result in an increase or decrease in project cost shall be signed by the Manager prior to commencement of any work under said change order. Work performed but not specified as part of this contract shall be considered as included in the original contract price unless said work was performed after seller received written authorization signed by the purchaser.

3. PERFORMANCE

Time is of the essence in this Contract. If the Seller shall fail in any respect to prosecute the work with promptness and diligence, the Purchaser may cancel this Contract in part or in its entirety without liability for the cancelled part(s).

4. PATENTS, TRADEMARKS, COPYRIGHTS

It is mutually understood and agreed that the Contract includes all royalties and costs arising from patents, trademarks and copyrights in any way involved in the work. If the Seller, or its sub-vendors/sub-contractors, is required or desires to use any design, device, material or process covered by letters, patent, trademark, or copyright, the Seller indemnifies and holds harmless the Purchaser from any and all claims for infringement by reasons of the use of any such patented design, device, material or process to be performed under the Contract and shall indemnify the Purchaser for any costs, expenses and damages which they may be obligated to pay by reason of such infringement, at any time during the prosecution or after the completion of the work. The Purchaser shall give to the Seller notification of the source of any such suit or proceeding and shall furnish the Seller (at the Seller's expense) all needed information, authority and assistance to enable the Seller to defend the same. If any material, equipment, or work is in any such suit or proceeding held to constitute infringement or its use in enjoined, the Seller, within a reasonable time, shall either secure for the

Purchaser, at the Seller's own expense, the right to continue using said material, equipment or work by suspension of the injunction, by procuring for the Purchaser a license, or otherwise, or shall at the Seller's own expense and as the Purchaser may elect, replace such material, equipment or work with non-infringing material, equipment or work, or modify it so that it becomes non-infringing, or remove such infringing material, equipment or work, and refund the sums paid therefore by the Purchaser all without injury or damage to any other property of the Purchaser.

5. INDEPENDENT CONTRACTOR RELATIONSHIP

The Seller shall perform work as an independent contractor.

6. INSPECTION EXPEDITING

All material, equipment and/or work to be supplied under this contract is subject to inspection and/or expediting by the Purchaser or its representative. The Seller shall allow the

Purchaser or its representative free access to Seller's works and provide free access to the works of Seller's sub-vendors/sub-contractors.

7. COMPLIANCE WITH LAW

The Seller will comply with all applicable federal, state, and local laws, rules and regulations.

Compliance includes, but is not limited to, the Occupational Safety and Health Act of 1970, Peabody Municipal Light Plant Safety Rules & Regulations, Executive Order 11246 (Equal

Opportunity) and guidelines established by the Council on Wage and Price Stability, all as amended periodically.

Seller agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 and the Standards and Regulations issued thereunder and certifies that all items furnished under this Contract will conform to and comply with said standards and regulations. Seller further agrees to indemnify and hold harmless the Purchaser from all damages assessed against the Purchaser as a result of the seller's failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this Contract to so comply. The contractor shall procure all pertinent information concerning prevailing wage rates to be paid on each job as determined by the Massachusetts Office of the Attorney

General. The contractor shall pay the aforesaid rates and shall indemnify and hold harmless the Peabody Municipal Light Plant, its agents, servants, and employees and the

Commissioners jointly and severally as they constitute a duly elected board by the citizens of the City of Peabody for the failure to pay the prevailing wage as listed at the time of the awarding of a contract as well as any other applicable provision of Massachusetts General

Laws Chapter 149 attendant thereto. Bidders are required, at their own expense, to comply with all statutes, including, but not limited to, the aforesaid prevailing wage rate, regulations, ordinances and tests which may be applicable.

Contractors must submit weekly payroll records to the Peabody Municipal Light Plant

Superintendent of Distribution for all employees who have worked on the project. Please take notice that Massachusetts Law requires Contractors to preserve these records for three years.

8. RISK OF LOSS

Risk of loss and/or damages shall be upon Seller until goods are physically delivered to the

Purchaser's plant, storerooms, job site, or location indicated in the Contract Document.

Materials will be considered as delivered only if all goods are physically received in proper condition and accepted by purchaser.

9. DELIVERIES

The Purchaser will receive shipments Monday through Friday, holidays excluded, during its normal receiving hours (8:00 AM - 3:00 PM). Any cost associated with shipments made during any time other than this receiving period will be to the Seller's account. All deliveries will be at PEABODY jobsite, Peabody, Massachusetts unless otherwise specified in the

Peabody Municipal Light Plant specification section attached hereto.

10. ASSIGNMENT AND SUBCONTRACTING

The Seller's obligations authorized under this Contract are not assignable or transferable, and the Seller agrees not to subcontract any of the work authorized hereunder without the prior written approval of the Purchaser. The Purchaser retains the right to approve or disapprove of all subcontractors for such approved work.

11. OWNERSHIP OF PRODUCT

All technical data, evaluations, specifications, reports, studies, are the property of the

Purchaser and shall be delivered to the Purchaser. The Seller may retain copies thereof for its files and its internal use.

12. TECHNICAL PUBLICATION

Publication or teaching of information directly derived from work performed, or data obtained, in connection with services rendered under this Contract must first be approved in writing by the Purchaser.

13. CONFIDENTIALITY

The Seller shall keep all services carried out hereunder for the Purchaser (described in the

Specifications attached hereto) entirely confidential, and not use, publish, or make known without the Purchaser's written approval, any information furnished by the Purchaser for purposes of such services, to any persons other than personnel of the parties of this Contract.

Any public representation regarding the Purchaser shall be made by the Purchaser, and any requests for information made to the Seller by a Third Party shall be referred to the

Purchaser.

14. WAVIER

In the event the Purchaser shall fail to insist on performance of any of the terms or the exercise of any of its rights and privileges, such failure or any breaches, shall not constitute a waiver of such terms, conditions, rights or privileges.

15. WARRANTY

The Seller warrants to the Purchaser that the article(s) provided and/or work performed under this Contract shall be fit for purpose in accordance with the Purchaser's specific instructions, shall be new and free from defects in material, workmanship and title, and shall meet all specifications. If the article(s) purchased and/or work performed do not meet the warranty above, the Purchaser, after determining a defect or non-conformance, will notify the Seller. At the sole discretion of the Purchaser, the Seller shall replace, repair, or make good, without cost to the Purchaser, any defects or non-conformance arising within one year after date of acceptance of article(s) furnished and/or work performed.

16. CUMULATIVE REMEDIES

Every right or remedy herein conferred upon or reserved to the Purchaser shall be cumulative and shall be in addition to every right and remedy now or hereafter existing at law or in equity or by statute, and the pursuit of any right or remedy shall not be construed as an election.

17. DELAYS

The Seller expressly agrees to the work schedule provided for in the Contract and such schedule includes allowances for all hindrances and delays incident to the work. No claims shall be made by the Seller for hindrances and/or delays from any cause during the progress of the work except as provided under "SUSPENSION OF WORK" and/or "FORCE MAJEURE".

18. SUSPENSION OF WORK

The Purchaser reserves the right to suspend and reinstate execution of the whole or any part of the work without invalidating the provisions of the Contract. Orders for suspension or reinstatement of work will be issued by the Purchaser to the Seller in writing. The time of completion of the work will be extended for a period equal to the time lost by reason of the suspension. No consideration shall be given by the Purchaser to cost increases or loss of anticipated profits, due to suspension or reinstatement of this Contract.

19. FORCE MAJEURE

A delay in, or failure of, performance of either party hereto shall not constitute default hereunder or give rise to any claim for damage if and to the extent such delay of failure is caused by occurrences beyond the control of the party affected, including, but not limited to, acts of God, or the public enemy, expropriation or confiscation of facilities or compliance with any order or request of a governmental authority, affecting to a degree not presently existing, the supply, availability, or use of materials or labor, acts of war, public disorders, rebellion or sabotage, floods, riots, strikes, or any causes whether or not the class or kind of those specifically named above, not within the control of the party affected and which, by the exercise of reasonable diligence, said party is unable to prevent. Should the work be delayed due to Force Majeure or otherwise delayed due to conditions beyond the control of or without the fault or negligence of either party, the parties to this Contract shall confer to reach an agreement on the alterations of fees and/or other terms and conditions upon which the work shall be continued, or otherwise terminated.

20. ARBITRATION

Arbitration of all questions and issues in dispute under this Contract shall be submitted to

Arbitration in accordance with the provisions of the standard Form of Arbitration of the

American Arbitration Association, but only in the event that both parties to this Contract so agree to such submission for Arbitration. If both parties fail to agree to submit to Arbitration in the manner prescribed above, or to submit to Arbitration in any mutually acceptable form, all questions and issues in dispute will be submitted to a court of competent jurisdiction of the Commonwealth of Massachusetts to be tried according to the applicable laws of the

Commonwealth of Massachusetts.

Costs of such arbitration will be shared equally by the parties, unless the arbitrator determines that the claim made by one of the parties is without merit, in which event the arbitrator may award costs to the other party.

21. TERMINATION FOR CAUSE

The Purchaser, on written notice, may suspend, postpone, abandon or terminate this

Contract, or any part thereof, as a result of the Seller's failure to render to the satisfaction of the Purchaser the materials, work and/or services required of him under this Contract, including the progress of the work. The Purchaser shall be the sole determinant in all termination for cause issues and no consideration shall be given by the Purchaser to the Seller for any costs, claims, or loss of anticipated profits by the Seller as a result of the suspension postponement, abandonment or termination of this Contract, or any part thereof, by the

Purchaser for the reason of cause.

22. TERMINATION FOR CONVENIENCE

The Purchaser, on written notice, may suspend, postpone, abandon or terminate this

Contract or any part hereof, and such action shall in no event be deemed a breach of the

Contract. Such suspension, postponement, abandonment or termination may come about for the sole convenience of the Purchaser. Upon receipt of written notification from the

Purchaser that this order, or any part hereof, is to be terminated, the Seller shall immediately cease operations of the work stipulated, and assemble all material that has been prepared, developed, furnished or obtained under the terms of this Contract that may be in its possession or custody, and shall transmit the same to the Purchaser on or before the fifteenth day following the receipt of the above-written notice of termination, together with his evaluation of the cost of the work performed. The Seller shall be entitled to just and equitable payment in accordance with this Contract for any uncompensated work satisfactorily performed prior to such notice. The Purchaser shall determine the amount of acceptable work performed by the Seller under this Contract. The Purchaser's evaluation shall be used as a basis to determine the amount of compensation due the Seller for this work, provided it shall be made in good faith and supported by substantial evidence.

In determining the value of the work performed by the Seller prior to termination, no consideration will be given to profit which the Seller might have reasonably expected to make on the uncompleted portion of the work.

23. INSURANCE

The seller shall, at its own expense, maintain in effect at all times during the performance of the work, insurance coverage with limits not less than those set forth below with insures and forms of policy satisfactory to the purchaser.

The Seller shall deliver to the Purchaser no later than ten (10) days after contract date or prior to commencing work, whichever is sooner, Certificates of Insurance, identified on their fact by Contract number and work description as evidence that policies providing such coverage and limits of insurance are in full force and effect. Such certificates shall name PMLP as additional insured. The Seller shall provide that at least sixty (60) days' advance written notice will be given the Purchaser prior to cancellation, termination, or material alteration of said policies of insurance.

COVERAGE MINIMUM LIMITS

1. Workers Compensation -Statutory requirements of the Commonwealth of MA

2. Employer's Liability -To extent included under Workers Compensation insurance policy with a minimum limit of $500,000

3. *Comprehensive General Liability:

a) Bodily Injury $5,000,000 each occurrence

b) Property Damage $5,000,000 each occurrence

4. Comprehensive Automobile Liability (owned, hired, and non-owned)

a) Bodily Injury -$ 500,000 each person

-$1,000,000 each occurrence

b) Property Damage -$ 100,000 each occurrence

24. INDEMNIFICATION

The Seller shall defend, indemnify and hold the Purchaser, and its employees free and harmless from and against any and all claims, demands, causes of action, suits or other litigation

(including all costs thereof, including attorney's fees) of every kind and character arising on account of bodily injuries, death, damage to property in any way occurring incident to, arising out of or in connection with work performed or to be performed by the Seller hereunder or occurring incident to, arising out of or in connection with the presence of employees of the

Seller or any of the Seller's subcontractors on the work premises, due to the negligence or willful misconduct of the Seller.

25. LAW OF CONTRACT - JURISDICTION

The Contract shall be construed under and shall be governed by the Laws of the

Commonwealth of Massachusetts, and in case of controversy not otherwise settled shall be submitted to the exclusive jurisdiction of the Massachusetts Courts.

26. AUDIT

The Seller shall, at its own expense, keep and maintain complete records and books of account of its costs and expenses relating to the work in accordance with generally accepted accounting practices. Should a dispute arise between the Purchaser and Seller regarding reimbursable amounts and/or credits, the Seller shall grant the Purchaser permission to audit such records and books of account.

27. TAXES

The Seller shall pay all applicable state and local sales and use taxes on sales to, or used by, the

Seller of tangible property and services employed by the Seller in the performance of the Order.

The Seller shall identify all costs in connection therewith. The Purchaser is an organization exempt from the payment of such state and local taxes of tangible property and services, and will not reimburse the Seller for such taxes paid.

28. ACCEPTANCE

This order expressly limits acceptance to the terms stated herein. Any additional or different terms proposed by the Seller are objected to and are hereby rejected.

29. COMPLETION OF CONTRACT

This Contract will not be considered complete until all specifications and Contract requirements have been satisfied. These requirements also include the Purchaser's acceptance of all documentation, drawings, manuals, etc. Final payment shall not be construed to relieve the

Seller of any of its obligations under this Contract.

30. NOTICE

The Purchaser agrees to give the Seller immediate notice of any and all claims for which the

Seller may be liable, and the Seller agrees to give the Purchaser immediate notice of any and all claims for which the Purchaser may be liable. All claims hereunder shall be in writing and shall be deemed to have been duly given if delivered or mailed, first class, registered mail, postage paid.

A. IF TO THE SELLER, ADDRESS:

B. IF TO THE PURCHASER, AT PEABODY MUNICIPAL LIGHT PLANT, 201 WARREN STREET EXT., PEABODY, MASSACHUSETTS, 01960.

31. VENDOR IDENTIFICATION

The Seller's name or corporate identification shall be clearly displayed on all vehicles and other similar equipment at all times while work is performed under this Agreement.

--- END OF PAGE ---

37 Industrial Drive, Suite G-1

Exeter, NH 03833

REQUEST FOR PROPOSAL

LM5000 Upper Exhaust Stack

Replacement Peabody Municipal

Light Plant Waldron Project

Number 92.05

03/27/2026

Revision Date: 3/27/2026 Page 1 of 1

TABLE OF CONTENTS

A. PROJECT NAME: PMLP - LM5000 Upper Exhaust Stack Replacement

B. EXHIBITS INCLUDED IN THIS RFP

1. Exhibit A – Instructions to Bidders

2. Exhibit B – General Requirements

3. Exhibit C – Scope of Work

4. Exhibit D – Bid Form

5. Exhibit E – Drawing List

6. Exhibit F – Schedule

7. Exhibit G – Insurance Requirements

8. Exhibit H – Foundation Assessment Report

9. Exhibit I – Payment Terms

10. Exhibit J – Site Map

11. Exhibit K – Prevailing Wage Rates

12. Exhibit L – Sample Contract

13. Exhibit M – MA Prevailing Wage Rates

14. Exhibit N – PMLP Bid Package Information

Revision Date: 3/27/2026 Page 1 of 4

EXHIBIT A: INSTRUCTIONS TO BIDDERS

A. PROJECT NAME: PMLP - LM5000 Upper Exhaust Stack Replacement

B. PROJECT DESCRIPTION

1. Peabody Municipal Light Plant (PMLP) has an electrical generation plant located in Peabody, Massachusetts, which provides power during periods of peak electricity consumption, often referred to as a “Peaker”. One of the combustion turbines has been in service for a few decades.

This turbine exhausts directly into and out of an exhaust stack.

The stack consists of a bottom portion supported at ground level and a top portion hung from an exterior steel frame. The two segments are joined near mid-height with an expansion joint. The top section exhibits significant thermal stress cracking and requires replacement.

This project involves the fabrication and replacement of the upper stack section, as well as the replacement of damaged framing, the modification of undersized columns, and the repair and modification of the existing foundation system.

C. GENERAL

1. The selected Subcontractor will be directly contracted with Peabody Municipal Light Plant

(PMLP). Waldron will perform on-site construction supervision on PMLP's behalf.

2. Subcontractor’s Required Project Organization

a. The Subcontractor’s project organization may consist of whatever grouping of subcontractors, consultants, suppliers, etc. that the Subcontractor deems necessary and appropriate to execute the work.

b. PMLP expressly requires that all the work executed by all the Subcontractor’s sub-subcontractors, consultants, suppliers, etc., be entirely managed and coordinated by a single project management team of the Subcontractor. The management team shall be solely responsible for coordinating all site logistics, directing all members of the Subcontractor’s project team, and preparing and communicating with PMLP to meet the project goals. As such, PMLP will not be in any way responsible for giving direction to, scheduling, or coordinating any of the Subcontractor’s sub-subcontractors, suppliers, consultants, or any other member of the Subcontractor’s project team.

3. Any work that is contracted shall only be awarded to contractors and subcontractors that are approved by PMLP.

D. BID PROCESS

1. Bid Schedule

a. Project bidding will generally include Waldron’s issue of the bid documents to solicit firm price proposals, the bid period, a site tour during the bid period, a date by which bids are due, PMLP/Waldron interviews if necessary, and a date on which a contract or notice to

Revision Date: 3/27/2026 Page 2 of 4 proceed will be awarded. All will take place generally in accordance with the following schedule:

Activity Date

PMLP issue bid package 04/16/2026

Pre-Bid walk-through (Mandatory) 04/23/2026

Last day for bidder questions 05/22/2026

Bids due 06/02/2026

Notice to proceed 09/01/2026

Project Start Date 09/28/2026

E. BID SUBMITTAL

1. Each bidder shall submit three (3) copies of all bids, along with two electronic copies saved to a thumb drive. The copies must be submitted in a sealed envelope, properly marked with the title of the bid, and mailed/delivered to the address listed below.

Peabody Municipal Light Plant

ATTENTION: Joseph Anastasi, Manager

201 Warren Street Extension

Peabody, MA 01960

2. The thumb drive must be labeled with the Bidders name and Project Contract Number. The scanned copy on the thumb drive should include all required signatures and forms.

F. COMMUNICATION DURING BID PERIOD

1. All contractual and technical questions during the proposal period shall be addressed electronically to:

David Hallahan, Associate Electrical Engineer

Email: dhallahan@pmlp.com

With copy to:

Roy Simoes, Supervising Electrical Engineer

Email: rsimoes@pmlp.com

2. Responses will not be provided to questions or inquiries of any type that are submitted by other than electronic means. Waldron will not take responsibility for, nor acknowledge the validity of responses provided by anyone other than Waldron’s designated representative. Responses to individual bidders' questions will be provided to all bidders.

G. REQUIRED BID INFORMATION

1. Bid Pricing Proposal

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a. Bidders shall provide pricing for the RFP scope of work as identified on forms furnished within this request for proposal. The bid form breakdown will be used for bid evaluation purposes only. Each work scope package will be awarded as a complete package.

2. The pricing proposal will generally consist of:

a. Lump sum fixed price

b. T&M Rates for all crafts, supervision, and management

3. Proposed Project Schedule

a. Bidders shall use the proposed project schedule and/or dates provided herein to price the scope of work. Bidders shall price the work to meet the schedule and/or dates provided.

Bidders are also requested to provide the approximate man-loading required to meet the schedule.

4. Subcontractor’s Project Organization

a. Include an organization chart depicting the Subcontractor’s construction management project team.

b. Provide resumes or short bios for the team members from managers through superintendents, including prior individual experience with and level of responsibility for work of the type required to complete the scope of work. Workload, availability, and the percentage of time to be devoted to the project shall also be identified.

c. Bidders must provide identification of sub-subcontractors that will be engaged by the

Subcontractor and what scope of work they will be performing.

H. EVALUATION CRITERIA

1. Proposals will be evaluated based on pricing and non-price factors that are summarized below.

2. Experience

a. Industrial power & process work

b. Prior experience at the Owner’s facility

c. Proposed means & methods to complete the scope

3. Project Team

a. Proposed team resumes

b. Past project performance related to safety, budget, schedule, and quality

c. Current workload

4. Cost

a. Lump sum price

b. T&M rates

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5. Schedule

a. Ability to meet project schedule

b. Identification of opportunities to improve the bid schedule

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EXHIBIT B: GENERAL REQUIREMENTS

A. PROJECT NAME: PMLP - LM5000 Upper Exhaust Stack Replacement

B. SAFETY

1. Each Subcontractor shall submit a site-specific safety plan for review and approval.

2. Each Subcontractor shall have a designated individual on-site responsible for ensuring compliance with their safety plan. This individual’s safety related activities need not be their only responsibility if there are less than 25 of Subcontractor’s personnel on site. When a

Subcontractor has 25 or more personnel on site—or if the Subcontractor has had multiple safety infractions—they shall then have a dedicated safety manager on site full-time. The Construction

Manager’s safety representative will coordinate safety management with each Subcontractor’s safety representative.

3. Subcontractor shall strictly adhere to Owner/Construction Manager’s LOTO program.

4. Personnel protective equipment shall be the responsibility of each Subcontractor for their employees and sub-subcontractors.

5. Subcontractor must submit a list of chemicals they intend on using for the project. All specialty chemicals required for completing the scope of work must be approved by Owner and

Construction Manager prior to bringing the chemical to the site.

6. Upon Care, Custody and Control transfer from Subcontractor to Owner of any portion of the work, each Subcontractor must request approval from Operations or Commissioning Agent for any continued work on that associated portion of work.

C. INVESTMENT TAX CREDIT REQUIREMENTS

1. All subcontractors shall pay prevailing wages to all trades employed on the project. Prevailing wages shall not be less than the total pay and fringe benefits listed on the wage determination by the U.S. Department of Labor for the locality of the project. The latest wage determination as of the date of contract date 02/19/2026 shall apply to this project. Wage determinations are available at https://sam.gov/wage-determinations, and the wage request number for this project is 20260219124705. Certified payroll is required.

D. SITE ACCESS DURING CONSTRUCTION

1. Facility Operation

a. During construction, the affected turbine will be shut down during the replacement activities.

Other parts of the facility will remain in operation. The installation of new work shall be done in such a manner that existing plant operations will not be interrupted. This will necessitate close coordination with the Construction Manager and plant’s operations personnel when planning and executing the work. Close coordination will be required so that plant operations and other contractors shall have access for deliveries by truck, tractor-trailer, heavy equipment, and offloading utilizing cranes.

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2. Hours of Construction Activity:

a. Construction activity shall be between the hours of 6:00 AM and 4:00 PM, Monday through

Friday. No construction work shall be allowed outside of these hours or on Saturdays, Sundays, or holidays without written permission from the Owner. If the need arises to work outside these hours, a request must be submitted to the Construction Manager 48 hours in advance.

3. Construction Noise:

a. Use every means possible to minimize noise caused by construction operations, which the

CM or Owner may consider as objectionable. Provide working machinery and equipment designed to operate with the least possible noise. Equip compressors with silencers on intake lines. Equip gas or oil-operated equipment with silencers or mufflers on intake and exhaust lines. Wherever practicable, electricity shall be used for power to reduce noise. Dumping bins, hoppers, and trucks used for the disposal of excavated materials shall be lined with wood or other sound-deadening material if required.

4. Deliveries:

a. Deliveries specific time from 7:30 Am to 2:30 PM. Unless otherwise discussed and agreed to in advance.

b. Small packages, 100 pounds or less, can be delivered to the PMLP office building.

c. Adequate advance notice shall be given to the Construction Manager to coordinate site access.

5. Identification Badges:

a. Each Subcontractor’s personnel entering the facility shall print their name and sign the

Owner’s Sign-in list daily.

6. Subcontractor’s employee parking will take place south of the south-side fence, as shown in the attached Exhibit J: Site Map.

E. EXISTING WORK & CONDITIONS

1. Alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain.

2. Repair or replace portions of existing work that have been altered during construction to match existing or adjoining work. At the completion of work, existing work shall be in a condition equal to or better than that which existed before construction work started.

F. PERMITS and FEES

1. Refer to Exhibit C: Scope of Work for delineation of permitting responsibilities. Subcontractors shall submit copies of all permits to Waldron prior to beginning their scope of work activities.

2. Re-work for non-confirming work identified by an authority having jurisdiction shall be resolved at Subcontractor’s expense.

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G. PLANS & SPECIFICATIONS

1. Order of precedence of plans and specifications shall be as follows:

a. Any notice of change

b. Scope of Work

c. General Requirements

d. Project Drawings

e. Project Specifications

2. In situations where conflicts arise between the written scope of work, plans & drawings, or specifications, the Subcontractor shall seek written clarifications from the Engineer or the

Architect. Where no clarification has been made, Subcontractor shall supply the work that is greater in scope (or value) of the conflict or discrepancy.

H. DIMENSIONS

1. Subcontractors shall verify dimensions indicated on drawings with field dimensions before fabrication or ordering of materials. Do not scale drawings.

I. PROTECTION and RELOCATION of EXISTING STRUCTURES and UTILITIES

1. Subcontractor shall visit the site where the work is to be performed to familiarize themselves with the existing conditions and verify their scope of work.

2. The location of existing underground services and utilities and structures shown on the drawings is based on available records. It is not warranted that all existing utilities and services are shown or that the locations as shown are correct.

3. Notify Construction Manager or Engineer of existing conditions differing from those indicated on the drawings.

4. The Subcontractor shall assume full responsibility for the protection of all buildings, structures, retaining walls, and utilities, public or private, including, but not limited to, poles, signs, services to buildings, utilities in the street, utilities overhead and underground, whether or not they are shown on the drawings. The Subcontractor shall carefully support and protect all such structures and utilities from damage of any kind. Any damage resulting from the

Subcontractor’s operations shall be repaired by him at his expense to the satisfaction of the

Engineer and Utility Owner.

5. Abandoned Facilities – demolish and remove abandoned utility facilities in conflict with the

Work.

6. Do not undertake demolition or removal of any building services until written approval for such work has been obtained from the Owner or Utility.

7. Where an existing utility facility is encountered which is not indicated, or which is determined to be a different utility service than that indicated, promptly notify the Engineer or Construction

Manager for further direction on the disposition of the facility.

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J. CONDUCT on OWNER’S PREMISES

1. The Subcontractor and his employees shall behave in a respectful, courteous, and safe manner while working at the site. Abusive, harassing, and lewd behavior is prohibited. Music playing is prohibited. Alcohol and drug use is prohibited. Smoking is allowed only at designated areas on site.

2. Subcontractor agrees to comply with Waldron’s and Owner’s practices and procedures regarding access to and activity performed at the work site.

3. Subcontractor’s employees shall comply with all rules and regulations issued by Waldron, Owner or any local, state, or federal agency governing safety, protection of the public and work on Owner's premises.

4. Subcontractor shall take appropriate corrective action with any person that is found to be incompetent, disorderly, or disruptive to the project. Waldron and/or Owner may, without any legal, financial or schedule consequences, direct Subcontractor to remove any person from the site and such person shall not again be employed on the work.

K. PROJECT and TRAFFIC SIGNS

1. Project Signage

a. Subcontractor is responsible for posting all project signage associated with identifying hazards, sidewalk closures, road detours, etc. for their scope of work.

b. Project identification signage will be installed and maintained by Waldron throughout the project duration as necessary.

L. PROTECTION and MAINTENANCE of TRAFFIC

1. During construction the Subcontractor shall provide access as necessary to maintain traffic and

Owner’s access to site.

2. The Subcontractor shall maintain and protect traffic on all affected access ways and roads during the construction period except as otherwise specifically directed by the Construction

Manager.

3. Measures for the protection and diversion of traffic, including the provision of police detail, watchmen and flagmen, erection of barricades, placing of lights around and in front of equipment and the work, and the erection and maintenance of adequate warning, danger, and direction signs, shall be performed by Subcontractor as required by the state and local authorities having jurisdiction.

4. The traveling public and plant operations shall be protected from damage to persons and property.

5. The Subcontractor's traffic on road access ways selected for hauling material and equipment to and from the site shall interfere as little as possible with public traffic and plant operations.

6. The Subcontractor shall investigate the adequacy of existing access ways and roads and the allowable load limit on these access ways and roads.

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7. The Subcontractor shall be responsible for the repair of any damage to access ways and roads caused by construction operations.

M. ENVIRONMENTAL PROTECTION

1. Protection of the environment shall be an integral part of the Subcontractor’s operations hereunder. Subcontractor shall furnish all such facilities and measures as may be necessary to prevent contamination of the atmosphere and bodies of water or land. Subcontractor’s procedures shall include construction practices that will minimize adverse impacts to the environment during construction.

2. All trucks used to haul bulk materials shall be equipped with and use tarpaulins to minimize fugitive dust emissions and arrant spillage of construction debris.

3. No substance or material shall be permitted to enter any stream, river or other body of water which may pollute the water or constitute substance materials harmful to fish or wildlife.

4. Dust, smoke or other air contaminants from any source whatsoever shall not be discharged into the atmosphere in violation of the laws, rules and regulations of governmental authorities having jurisdiction.

5. Subcontractor shall install and utilize truck tire wash stations as necessary when working on unpaved surfaces.

N. INDUSTRY STANDARDS

1. Referenced standards that are part of the Contract Documents have the same force and effect as if bound with project specifications.

2. Except where specifically indicated otherwise, comply with the current standard in effect as of the date of the Waldron/Subcontractor Agreement. Obtain copies of industry standards directly from the publisher.

3. The titles of industry standard organizations are commonly abbreviated; full titles may be found in the Encyclopedia of Associations, or consult the Engineer.

O. CODES and REGULATIONS

1. Subcontractor shall comply with all applicable codes, ordinances, regulations, laws and requirements of authorities having jurisdiction which are in effect as of the date of the

Waldron/Subcontractor Agreement.

2. Subcontractor shall submit copies of all permits, licenses, certifications, inspection reports, releases, notices, judgments, and communications from authorities having jurisdiction to the

Construction Manager.

P. PROGRESS SCHEDULE

1. For contracts that exceed four weeks in duration or as otherwise requested by the Construction

Manager, the Subcontractor shall provide a comprehensive project scope of work schedule

(man-loaded bar chart schedule), logic driven and in Primavera format. The work breakdown shown on the schedule shall include activities generally broken down by three week durations;

additionally it shall indicate the sequence, duration and manpower required for each activity.

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Construction Manager must review and approve original schedule. The schedule shall be updated and reissued regularly, but not less than monthly. Subcontractor shall provide a three week look-ahead schedule that is updated weekly. Subcontractor shall submit their bar chart schedule before he commences work and no later than fifteen (15) days after notice of award.

Q. SCHEDULE of VALUES

1. Subcontractor shall prepare a Schedule of Values that is coordinated with application for payment breakdown. Schedule of values shall be coordinated with the scope of work schedule.

Submit at least fifteen (15) days before first payment application.

2. Values shall be rounded to the nearest dollar for all payment applications and change requests.

R. PROCEDURES and CONTROLS

1. Project Meetings:

a. Subcontractor shall attend meetings with the Construction Manager and such other persons as the Construction Manager requests to have present. The Subcontractor shall be represented by a principal, project manager, general superintendent or other authorized main office representative, as well as by the Subcontractor's field superintendent. An authorized representative of any Subcontractor or sub-subcontractor shall attend such meetings if the representative's presence is requested by the Construction Manager. Each company shall have an attending representative empowered to make binding commitments on all matters to be discussed at such meetings, including costs, payments, change orders, time schedules and manpower. Any notices required under the Contract may be served on such representatives.

Written reports of meeting minutes shall be prepared by the Construction Manager and distributed by the Construction Manager.

2. Pre-Construction Conference

a. Attendance required by Construction Manager, Subcontractor, and major sub-subcontractors.

Agenda shall include: safety, quality of workmanship, coordination, interpretations, job schedule, submittals, approvals, invoicing procedures, testing, protection of installed construction, and construction waste management.

3. Progress Meetings

a. Construction Manager shall hold weekly progress coordination meetings and at additional times as requested by the Construction Manager. Attendance shall include the Construction

Manager, Subcontractor, and others as determined by Construction Manager. Agenda shall include safety, work in progress, schedule, coordination with plant personnel and other contractors, submittals status,…

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