OPM Services for the LMA

City of Lowell Purchasing Department City Hall

375 Merrimack Street, Room 60

Lowell, Massachusetts 01852

Project Name: Owner’s Project Management Services for the LMA Project

RFS No.: 26-67

Date: April 22, 2026

Buyer: P. Michael Vaughn

Tel. No.: 978-674-4110

Fax No.: 978-970-4114

Email: pmvaughn@lowellma.gov

The City of Lowell, (“Owner”) is seeking the services of a qualified “Owner’s Project Manager” as defined in Massachusetts General Laws Chapter 149, Section 44A½ and as further defined by the provisions of this RFS, to provide Project Management Services during the design and repair of the LMA stage lift, elevators. and other areas of need. The City has approx. $1,750,000 for building improvements. The City of Lowell is seeking OPM services during the procurement and construction administration for the Lowell Memorial Auditorium Improvement Project, including stage lift and Elevator repair

The (successful OPM) will have to coordinate with DPW and the veterans group on any projects.

DURATION June 1, 2026 to May 31, 2029

DUE DATE Sealed Responses to the Requests for Services for Owner’s Project Manager Services must be clearly labeled “RFS 26-67 Owner’s Project Management Services and delivered by: May 14, 2026 at City Hall in the Purchasing Department, Room 60, 375 Merrimack Street, Lowell, MA 01852, at 11:00 AM, EST/EDST, for the work described herein. RESPONDENTS ARE REQUIRED TO SUBMIT A COMPLETE RESPONSE INCLUDING ALL REQUIRED CERTIFICATION (ATTACHED) FORMS CONTAINED IN THIS PACKAGE. DO NOT REMOVE PAGES.

CLARIFICATION REQUESTS

Any request for clarification must be submitted in writing (email is preferable) to the attention of Chief Procurement Officer, P. Michael Vaughn at City Hall in the Purchasing Department, Room 60, 375 Merrimack Street, Lowell, MA 01852 no later than May 6, 2026 at 11:00am pmvaughn@lowellma.gov

Should the City make changes to any specification, stipulation, requirement, or procedure, notification will be made to all Respondents in the form of written Addenda. No officer, agent, or employee of the City is authorized to amend any provision contained in this RFS, unless such amendment is issued as an Addendum and sent to all Respondents in accordance with this Section (Clarification Requests). Respondent is required to acknowledge all addenda. (Attached is addenda form).

1. Minimum Requirements and Evaluation Criteria:

Minimum Requirements:

In order to be eligible for selection, each Respondent must certify in its cover letter that it meets the following minimum requirements. Any Response that fails to include such certification in its response, demonstrating that these criteria have been met, will be rejected without further consideration.

Each Respondent must designate an individual who will serve as the Project Director. The Project Director must be certified in the Massachusetts Certified Public Purchasing Officer Program as administered by the Inspector General of the Commonwealth of Massachusetts and must also meet the following minimum requirements:

The Project Director shall be a person who is registered by the Commonwealth of Massachusetts as an architect or professional engineer and who has at least 3 years experience in the construction and supervision of construction and design of public buildings:

Or, if not registered as an architect or professional engineer, the Project Director must be a person who has at least 5 years experience in the construction and supervision of construction and design of public buildings.

Evaluation Criteria

Bidders are to submit the 2017 OPM Application Form – (not counted as part of the 20 page maximum)

Respondents may receive up to a total of 100 pts. Point values will be assigned as follows:

1) Past performance of the Respondent, if any, with regard to public, private similar projects across the Commonwealth, as evidenced by (max 35 pts)

a) Documented performance on previous projects as set forth in Attachment C, including the number of projects managed, project dollar value, number and percentage completed on time, number and dollar value of change orders, average number of projects per project manager per year, number of accidents and safety violations, dollar value of any safety fines, and number and outcome of any legal actions; (max 15 pts)

b) Satisfactory working relationship with designers, contractors, Owner and local officials. (max 20 pts)

2) Thorough knowledge of the Massachusetts State Building Code, regulations related to the Americans with Disabilities Act, and all other pertinent codes and regulations related to successful completion of the project. (max 5 pts)

3) Thorough knowledge of Commonwealth construction procurement laws, regulations, policies and procedures, as amended by the 2004 Construction Reform laws. Particularly knowledge and experience with the Modular Building Procurement methodology or additions and renovations of a similar scope. (max 10 pts)

4) Management approach: Describe the Respondent’s approach to providing the level and nature of services required as evidenced by proposed project staffing for a potential (hypothetical) proposed project for new construction of a new parking garage similar in size as scope and proposed project management systems; effective information management; and examples of problem solving approaches to resolving issues that impact time and cost. (max 20 pts)

5) Key personnel: Provide an organizational chart that shows the interrelationship of key personnel to be provided by the Respondent for this project and that identifies the individuals and associated firms (if any) who will fill the roles of Project Director, Project Representative and any other key roles identified by the Respondent, including but not limited to roles in design review, estimating, cost and schedule control. Specifically, describe the time commitment, experience and references for these key personnel including relevant experience in the supervision of construction of several projects that have been either successfully completed or in process that are similar in type, size, dollar value and complexity to the project being considered. (max 15 pts)

6) Capacity and skills: Identify existing employees by number and area of expertise (e.g. field supervision, cost estimating, schedule analysis, value engineering, constructability review, quality control and safety). Identify any services to be provided by Sub consultants. (max 5 pts)

7) Identify the Respondent’s current and projected workload for projects estimated to cost in excess of $500,000. (max 5 pts)

8) Knowledge of the purpose and practices of the services of Building Commissioning Consultants. (max 5 pts)

In order to establish a short list of Respondents to be interviewed, the Owner will base its initial ranking of Respondents on the above Evaluation Criteria. The Owner will establish its final ranking of the short-listed Respondents after conducting interviews and reference checks.

The Owner reserves the right to consider any other relevant criteria that it may deem appropriate, within its sole discretion, and such other relevant criteria as the City may request. The Owner may or may not, within its sole discretion, seek additional information from Respondents.

This Request for Services, any addenda issued by the Owner, and the selected Respondent’s response, will become part of the executed contract. The key personnel that the Respondent identifies in its response must be contractually committed for the Project. No substitution or replacement of key personnel or change in the Subconsultants identified in the response shall take place without the prior written approval of the City of Lowell.

The selected Respondent(s) will be required to execute a Contract for Project Management Services with the Owner. Prior to execution of the Contract for Project Management Services with the Owner, the selected Respondent will be required to submit to the Owner a certificate of insurance that meets the requirements set forth in the Contract for Project Management Services.

Prior to execution of the Contract for Project Management Services, the fee for services shall be negotiated between the Owner and the selected Respondent to the satisfaction of the Owner, within its sole discretion. The initial fee structure will be negotiated through the brief Schematic Design Phase. The selected Respondent, however, will be required to provide pricing information for all Phases specified in the Contract at the time of fee negotiation.

2. Selection Process and Selection Schedule Process

1) The Chief Procurement Officer will be responsible for initial review of the responses. The responses will be evaluated to determine if they meet the minimum evaluation criteria. Failure to meet the minimum evaluation criteria will disqualify the response from further consideration. Responses that meet the minimum evaluation criteria will be further evaluated by the minimum requirements and evaluation criteria contained within. All scoring will be documented in writing.

2) The Review Subcommittee will rank the Responses based on the weighted evaluation criteria identified in the RFS and will short-list a minimum of two Responses.

3) The City will include an agenda with the interview invitation letter that describes the interview process. Interviewees will be ranked on the following categories: key personnel, experience with past and similar projects, references from past building projects and answers to specific questions asked by the Subcommittee.

4) The Owner will commence fee negotiations with the first-ranked selection.

a. The Owner will require the hourly rates and role for all proposed professional personnel assigned to the project. Pricing will be assessed to determine if it is consistent with other parts of the submission. The owner will consider fee structures from similar projects from other awarded contracts to add knowledge during negotiations.

5) If the Owner is unable to negotiate a contract with the first-ranked selection, the Owner will then commence negotiations with its second-ranked selection and so on, until a contract is successfully negotiated and approved by the Owner.

6) The City of Lowell reserves the right to re-advertise if less than two responses are received or to re-advertise if fee negotiations fail.

3. Requirements for content of response:

Submit one original hard copy and one (1) electronic copy on a flash drive of the response to this Request for Services. All responses shall be:

• In ink or typewritten;

• Presented in an organized and clear manner;

• Must include the required forms attached within;

• Must include all required certifications;

• Must include the following information:

1. Cover letter shall be a maximum of two pages in length and include:

a. An acknowledgement of any addendum issued to the RFS 26-67

b. An acknowledgement that the Respondent has read the Request for Services. Respondent shall note any exceptions to the RFS in its cover letter.

c. A specific statement regarding compliance with the minimum requirements identified in Item 4 of this Request for Services to include identification of registration, number of years of experience and where obtained, a resume is required, as well as the date of the MCCPO certification. (A copy of the MCCPO certification must be attached to the cover letter).

d. A description of the Respondent’s organization and its history.

e. The signature of an individual authorized to negotiate and execute the Contract for Project Management Services, in the form that is attached to the RFS, on behalf of the Respondent.

f. The name, title, address, e-mail and telephone number of the contact person who can respond to requests for additional information.

2. Selection Criteria: The response shall address the Respondent’s ability to meet the “Selection Criteria” Section including submittal of additional information as needed. The total length of the Response may not exceed twenty (20) single-sided numbered pages with a minimum acceptable font size of “12 pt” for all text. The 2017 OPM application form does not count as part of the 20 page maximum.

Respondents may supplement this proposal with graphic materials and photographs that best demonstrate its project management capabilities of the team proposed for this project. Limit this additional information to a maximum of 3 - 8½”x 11” pages, double-sided.

Certifications: Conflict of Interest, Acknowledgement of Addenda, Affidavit of Non- Collusion, State and Local Requirements and Certificate of Authority

4. Payment Schedule and Fee Explanation:

The Owner will negotiate the fee for services dependent upon an evaluation of the level of effort required, job complexity, specialized knowledge required, estimated construction cost, comparison with past project fees, and other considerations. As construction cost is but one of several factors, a final construction figure in excess of the initial construction estimate will not, in and of itself, constitute a justification for an increased Owner’s Project Manager fee.

5. Other Provisions

A. Public Record

All responses and information submitted in response to this RFS are subject to the Massachusetts Public Records Law, M.G.L. c. 66, § 10 and c. 4, § 7(26). Any statements in submitted responses that are inconsistent with the provisions of these statutes shall be disregarded.

B. Waiver/Cure of Minor Informalities, Errors and Omissions

The Owner reserves the right to waive or permit cure of minor informalities, errors or omissions prior to the selection of a Respondent, and to conduct discussions with any qualified Respondents and to take any other measures with respect to this RFS in any manner necessary to serve the best interest of the Owner and its beneficiaries.

C. Communications with the Owner

The Owner’s Procurement Officer for this Request for Services is: Chief Procurement Officer, P. Michael Vaughn

375 Merrimack Street, Purchasing Department, Room 60, Lowell, MA. 01852 Telephone: 978-674-4110

Facsimile: 978-970-4114

Email: pmvaughn@lowellma.gov

Respondents that intend to submit a response are prohibited from contacting any of the Owner’s staff other than the Procurement Officer. An exception to this rule applies to Respondents that currently do business with the Owner, but any contact made with persons other than the Procurement Officer must be limited to that business, and must not relate to this RFS. In addition, such respondents shall not discuss this RFS with any of the Owner’s consultants, legal counsel or other advisors. FAILURE TO OBSERVE THIS RULE MAY BE GROUNDS FOR DISQUALIFICATION.

D. Costs

The Owner will not be liable for any costs incurred by any Respondent in preparing a response to this RFS or for any other costs incurred prior to entering into a Contract with an Owner’s Project Manager.

E. Withdrawn/Irrevocability of Responses

A Respondent may withdraw and resubmit their response prior to the deadline. No withdrawals or re-submissions will be allowed after the deadline.

F. Rejection of Responses, Modification of RFS

The Owner reserves the right to reject any and all responses if the Owner determines, within its own discretion, that it is in the Owner’s best interests to do so. This RFS does not commit the Owner to select any Respondent, award any contract, pay any costs in preparing a response, or procure a contract for any services. The Owner also reserves the right to cancel or modify this RFS in part or in its entirety, or to change the RFS guidelines. A Respondent may not alter the RFS or its components.

G. Subcontracting and Joint Ventures

Respondent’s intention to subcontract or partner or joint venture with other firm(s), individual or entity must be clearly described in the response.

H. Validity of Response

Submitted responses must be valid in all respects for a minimum period of ninety (90) days after the submission deadline.

CONFLICT OF INTEREST CERTIFICATION

The undersigned hereby certifies that the Bidder shall comply with Massachusetts Conflict of Interest Laws, G.L. c. 268A and with the City’s Conflict of Interest terms stated in Article 33 of these Contract Documents.

BIDDER'S NAME:

AUTHORIZED SIGNATURE:

TITLE:

DATE:

ACKNOWLEDGEMENT OF ADDENDA

The Bidder acknowledges all addenda.

ADDENDA NUMBER DATE ISSUED

_ _

_ _

_ _

_ _

AFFIDAVIT OF NON-COLLUSION

It shall be understood that any bid submitted to the City is made without collusion with any other bidder submitting a bid on the same commodity/service, and is in all respects fair and without fraud.

STATE OF: Date:

COUNTY OF: S.S.: _

The undersigned being duly sworn, deposes and says that he/she is the

(Sole Owner; Partner, President, Treasurer,

or Other Duty Authorized Official of a Corporation)

of (Name of Firm as Appearing in Submitted Proposal)

and works in

(City/City)

and certifies under penalties of perjury that this proposal is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

(Signature and Title of Person Making Affidavit)

Sworn to before me this day of , 20

Notary Public: My commission expires:

STATE AND LOCAL REQUIREMENTS

IN WITNESS WHEROF, the undersigned certifies, under the pains and penalties of perjury that:

1. It is in compliance with all of the provisions, and shall remain in compliance with the provisions for the life of any Contract resulting from this solicitation. That the bidder is qualified to perform any such Contract and possess, or shall obtain, all requisite licenses and permits to complete performance; shall maintain all unemployment, workers’ compensation, professional and personal liability insurance policies sufficient to cover its performance under any such Contract; and shall comply with relevant prevailing wage rates and unemployment laws.

2. To the best of its knowledge and belief has paid all local taxes, tax titles, utilities, motor vehicle excise taxes, water and wastewater bills to the City of Lowell as required by law.

3. To the best of its knowledge and belief has filed all State tax returns and paid all State taxes required by law, and has complied with reporting of employees and contractors, and withholding and remitting of child support (MGL c.62C, s.49A).

4. Pursuant to MGL c.30B s.10 (or c.30 s.39M), this bid or proposal has been made in good faith and without collusion or fraud with any other person. As used in this paragraph, “person” shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

Signature of Person Signing Bid or Proposal BY: Corporate Officer (Type/Print)

Corporate Name (Full Business Name) BY: Corporate Officer (Sign)

Social Security or Federal Tax ID# State of Incorporation/City of

Business (DBA)

Registration

Approval of a contract, or other agreement, will not be granted unless the applicant signs this certification form. You’re Social Security number or Federal Tax Identification number will be furnished to the Massachusetts Department of Revenue (DOR) to determine weather you have met tax filing or tax payment obligations. The City of Lowell is required to furnish a list to the DOR at the end of its fiscal year, showing the vendors to whom more than $5,000 is paid during the twelve months, ending June 30. Providers who fail to correct their non-filing or delinquency, will not have a contract or other agreement issued or extended. This request is made under the authority of Massachusetts General Laws, c.62C, s.49A.

CERTIFICATE OF AUTHORITY

At a duly authorized meeting of the Board of Directors of (insert name of corporation)

Held at which all the Directors Were

Present or waived notice, it was voted that

(name)

Of this corporation, be it he or she, hereby is (corp. office) authorized to execute bid documents, contracts and bonds in the name and on (corp. office) behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any bid document or contract or obligation in this corporation’s name on its behalf under seal of the corporation, shall be valid and binding upon this corporation.

ATTEST:

(Clerk or secretary)

Place of Business:

I hereby certify that I am the clerk/secretary of the

(Name of Corporation)

And that (Name)

is the duly elected of said corporation,

and (Corp. office)

that the above vote has not been amended or rescinded and remains in full force and effect as of

the date set forth below.

ATTEST

(Clerk or secretary)

Date:*

* This date must be on or before the date of the Contract

Prior to execution of the Contract for Project Management Services, the fee for services shall be negotiated between the Owner and the selected Respondent to the satisfaction of the Owner, within its sole discretion. The selected Respondent, however, will be required to provide pricing information for all Phases specified in the Contract at the time of fee negotiation.

The total length of the response may not exceed twenty (20) single-sided pages, excluding the required OPM form to submit.

The City will negotiate with the highest scoring bidder

Submit: Submit one (1) original hardcopy and one (1) electronic copy on a flash drive of the response to this Request for Services.

Signature of Bidder __________________________________________________

Print Name and Title __________________________________________________

Company Name and Address ___________________________________________

Telephone Number _____________________________________________________

Email Address __________________________________________________________

Selection Process

Project Description

The intent of this RFP is to find a licensed, qualified individual/ firm to provide OPM (Owners Project Manager) services through construction and closeout including the oversight of design and repair construction of the LMA.

Qualified persons or firms are requested to submit proposals to the Purchasing Office. The City through the City Manager is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; to award contracts or to cancel this Request for Proposal if it is in the City’s best interest to do so..

Scope of Work

The City of Lowell, (“Owner”) is seeking the services of a qualified “Owner’s Project Manager” as defined in Massachusetts General Laws Chapter 149, Section 44A½ and as further defined by the provisions of this RFS, to provide Project Management Services during the design, and construction of the LMA Project..

The selected OPM will complete all aspects of the following scope of work. Unless specifically noted otherwise, any/all deliverables shall be submitted to the City of Lowell in both digital and printed versions. All digital drawings shall be provided in AutoCAD and PDF format. All drawings and documentation prepared for this project shall become the property of the City of Lowell.

In addition to regular communication with the project coordinator throughout the construction process, the OPM is expected to attend weekly meetings with a project committee consisting of municipal staff members, City consultants and/or the construction manager. These meetings will typically be held during the workday. The OPM may also be asked to present designs or progress materials to elected officials and members of the public at up to two public information evening meetings during the construction process.

The OPM will also meet with the City's other project consultants to coordinate design and construction activities with neighboring projects as appropriate and required.

Phase 1: Pre-Construction Phase

Procurement

• Construction Manager Selection/Bidding

Assist in the prequalification of construction managers, review bids and assist in final selection.

• Subcontractor Selection/Bidding

Assist in the prequalification of subcontractors and bid review

Phase 2: Construction Phase

Project Meetings

• Participate in construction and progress meetings with the Owner and the Construction Manager to discuss such matters as procedures progress, construction problems and scheduling. Facilitate problem solving and communication among all team members.

• Prior to start of construction, represent the Owner and monitor the preconstruction meetings.

Submittals

• Provide oversight, implementation and expediting of the construction submittal process on the municipality’s behalf to ensure compliance with project requirements and coordination of products.

• Review and comment on the schedule of Values for payments as prepared by the Construction Manager to ensure conformance with the expected flow of work as stated in the Contract Documents.

• Identify and facilitate the resolution of required information or selections.

• Evaluate the Construction Manager’s baseline schedule and progress submittals

• Provide oversight of the Request for Information process and take necessary action to resolve issues as necessary

Contractor Change Order Review

• Provide detailed review of contractor requests for change orders as well as recommendations for their disposition.

• Assist in the development of contingency plans for corrective action, recommend to the owner and with the Owner’s approval; implement such plans as required.

Contractor Progress Payment Review

• Review and make recommendations to the Owner for monthly contractor and architect applications for progress payments.

Construction Quality Control

• Coordinate provided materials testing services, review ongoing construction means and methods and quality, and facilitate the resolution of construction questions and issues.

• Advise on an ongoing basis of all project developments, including conditions and circumstances that may cause delay in the project schedule, increase costs, or otherwise may be inconsistent with the Owner’s expectations.

• OPM shall generate Daily Field Reports documenting daily activities of the general contractor. The OPM shall create daily contractor equipment logs and daily progress photos and include these items in the reports.

• Ensure that the project is fulfilling its QA/QC requirements as far as Construction Manager compliance with the contract documents.

Punch list and Project Closeout

• Assist the municipality in the preparation of final project punch lists and facilitate their timely completion.

• Review the Contractor’s submittal of Notice of Substantial Completion, for a phase or the entire project, and make a recommendation to the Owner.

• Ensure all building commissioning and turnover is complete.

• Review all warranty documentation, as-built documents and operations and maintenance manuals to ensure compliance with project specifications.

• Ensure that the project delivers documentation that all work has been successfully tested and has been built according to the contract documents.

Evaluation Criteria

The Committee will evaluate each proposal from each firm deemed to have submitted a

responsive and responsible proposal. Proposals will be assigned the rank of “highly

advantageous,” “advantageous,” “less advantageous,” or “unsatisfactory” for each criterion. In addition to the material submitted within the proposal, the City will likely contact references and may ask for additional information or a clarification of any responses.

Rank Standard of Review

● Highly Advantageous Respondent excels on the specific criterion

● Advantageous Respondent meets evaluation standard criterion

● Less Advantageous Respondent does not fully meet the criterion or question/issue was not fully addressed

● Unacceptable Respondent does not address the criterion

Criteria:

● Past performance : Successful past performance of similar services on publicly funded

projects in the Commonwealth, as evidenced by:

Documented performance on previous projects (included on OPM application

form), including the number of projects managed, project dollar value, number

and percentage completed on time, number and dollar value of change orders,

average number of projects per project manager per year, and number and

outcome of any legal actions;

Satisfactory working relationship with designers, contractors, owners,

committees, and local officials.

● Relevant Experience : Experience and successful past performance of public

projects including relevant issues.

● Public Sector Experience : Thorough knowledge of Commonwealth construction

procurement laws, regulations, policies and procedures, pursuant to the 2004

Construction Reform laws, as amended.

● Management : Respondent's approach to providing the level and nature of services

required and approach to assisting in feasibility studies for projects of similar type.

Approach will be evaluated based on Respondent’s proposed project staffing, project

management systems, effective information management, and examples of problem

solving approaches to issues that impact time and cost.

● Key Personnel : Experience and roles of key personnel provided by the Respondent,

including Project Manager, Project Representative, and any other key roles identified by

the Respondent, including roles in design review, estimating, cost control, and schedule

control. Respondents will be evaluated based on time commitment, experience, and

references for these key personnel.

● Capacity and Skills : Experience of existing employees by number and area of expertise

(e.g. field supervision, cost estimating, schedule analysis, value engineering,

constructability review, quality control, and safety).

● Current and Projected Workload : Respondent’s current and projected workload.

● Cost Analysis and Estimating : Thorough knowledge and demonstrated experience with

Lifecycle cost analysis, cost estimating, and value engineering, based on actual examples

of recommendations and associated benefits to the City.

● Quality of Response : The response to this RFQ is an example of the Respondent’s work. Responses will be evaluated for conciseness, clarity, and relevance of content.

To establish a short list of Respondents to be interviewed, the City will base its initial ranking of Respondents on the above Evaluation Criteria. The City will establish its final ranking of shortlisted Respondents based on all information provided after conducting optional interviews and reference checks.