15701 E. First Ave. Suite 106, Aurora, CO 80011|

Request for Proposal: B2714 Page 1 of 20 Updated 03/12/2025

Request for Proposal B2714 Design Build Services

BP-19 C10121

Vista Peak Preparatory High School CTE

Annex Building

TO BE CONSIDERED, PROPOSALS MUST BE RECEIVED PRIOR TO THE

PROPOSAL DEADLINE

LATE PROPOSALS WILL NOT BE ACCEPTED

Proposers are advised that from the date this RFP is issued until the award of the Contract, no contact with Aurora Public Schools (APS) or Jacobs personnel related to this solicitation is permitted, except as authorized by the Purchasing Manager.

Inquiries regarding this solicitation must be submitted via BidNet

RFP SCHEDULE OF ACTIVITIES (subject to change)

EVENT DATE

Issuance of RFP 8/28/2026 Mandatory Pre-Submittal Conference Virtual https://teams.microsoft.com/meet/222208865830563?p=3T7D gchukm7DNhMjSR

9/1/2026 @ 10:30 AM

Questions Deadline 9/3/2026 by 2:00 PM

Answers Addendum Issued 9/8/2026 by COB

Final Addenda Issued (if necessary) 9/9/2026 by 2:00 PM Proposal Deadline 9/11/26/2026 by 2:00 PM

Evaluation of Proposals 9/11/2026 – 9/18/2026 Round 2 - Presentations If Needed (please save the date)

9/22/2026 Invites will be sent if needed

Selection - Intent to Award 9/24/2026 Board of Education Approval: (if needed) N/A

Contract Negotiation of Contract - Final Award TBD

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REQUEST FOR PROPOSAL B2714

TABLE OF CONTENTS

SECTION I: Vendor Acknowledgement Page 3

SECTION II: General Terms and Conditions Page 4

SECTION III: Special Terms and Conditions Page 10

SECTION IV: Scope of Work/Evaluation Criteria Page 12

SECTION V: Code of Conduct and Conflict of Interest Certification Page 15

SECTION VI: Accessibility Attestation

SECTION VII: Acknowledgement and Attestation

SECTION VIII: Disbarment and Lobbying Page 18

EXHIBIT A: Project Description/Summary/Narrative

EXHIBIT B: Pricing Form

EXHIBIT C: Sample Agreement and General Conditions will be provided via Addendum

If any of the Documents listed above are missing from this package, please submit notification via BidNet

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REQUEST FOR PROPOSAL B2714

SECTION I: VENDOR ACKNOWLEDGEMENT

Does your offer comply with all the terms and conditions? If no, indicate exceptions Yes__________ No__________

Does your offer meet or exceed all specifications? If no, indicate exceptions Yes__________ No__________

May any member of another governmental jurisdiction avail itself of this contract and purchase any and all items specified.

Yes__________ No__________

State percentage of prompt payment discount, if offered.

Will you accept the District’s Visa as payment for goods and/or services purchased from this Proposal? Yes__________ No__________

Will the Vendor have access to or collect any student data? Yes__________ No__________

If a redacted version of your proposal is not received, we will share your master response in the event of a CORA Request. By signing this acknowledgment, you are confirming that you understand.

The undersigned hereby affirms that (1) they are a duly authorized agent of the Vendor, (2) they have read all terms and conditions and specifications which were made available in conjunction with this Solicitation and fully understands and accepts them (3) that the offer is being submitted on behalf of the Vendor in accordance with any terms and conditions set forth in this document, and (4) that the Vendor will accept any awards made to it as a result of the offer submitted herein for a minimum of ninety calendar days following the date of submission and (5) Vendor must acknowledge any and all addendum(a) below by initialing each box for the number of addenda received. (6) Section V. Code of Conduct and Conflict of Interest Certification shall be signed and returned with the Offer. (7) they comply specifically with the debarment and lobbying clauses Under Section II.

Name of Company: _____________________________________________ Address:

City/State: _________________________________ Zip: __________________ Contact Person: ______________________________

Title: ______________________________________ Phone: ________________ Email

Address:____________________________________________

Authorized Representative’s Signature:

(Offers must contain signature of an authorized agent of the Vendor)

Printed Name: ______________________________________ Title: ________________________________________________ Date: ______________

Email Address: ______________________________________________________________________ Phone: ______________________________

Addendum(s) Acknowledged

1 2 3 4 5 6 7 8 9 10 11

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REQUEST FOR PROPOSAL B2714

SECTION II: GENERAL TERMS AND CONDITIONS

1. APPLICABILITY. These General Terms and Conditions apply, but are not limited to, all bids, proposals, qualifications and quotations (hereinafter referred to as “Offers'', “Proposals” or “Responses”) made to the Adams-Arapahoe School District 28J (Aurora Public Schools, hereinafter referred to as “District”) by all prospective vendors (hereinafter referred to as “Vendors” or “Contractors”) in response, but not limited, to Invitations for Bid, Requests for Proposals, Requests for Qualifications, and Requests for Quotations (hereinafter referred to as “Solicitations”).

2. CONTENTS OF OFFER

A. General Conditions. Vendors are required to submit their Offers in accordance with the following expressed conditions:

1) Vendors shall make all investigations necessary to thoroughly inform themselves regarding the plant and facilities affected by the delivery of materials and services as required by the conditions of the Solicitation. No plea of ignorance by the Vendor of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of the contract documents will be accepted as the basis for varying the requirements of the District or the compensation to the Vendor.

2) Vendors are advised that all District contracts are subject to all legal requirements contained in the District Board policies, the Purchasing Department’s procedures, and local, state and federal statutes. When conflicts between the Solicitation and these legal documents occur, the highest authority will prevail.

3) Submission of an Offer is deemed as acceptance of all terms, conditions and specifications contained in the District’s Solicitations. Any proposed modification must be accepted in writing by the District prior to award of the Contract or Purchase Order.

4) The District reserves the right to reject any and all Offers or any part thereof, to waive any irregularities or informalities, and to award the Solicitation to the Vendor as deemed in the best interest of the District.

5) All Offers and other materials submitted in response to this Solicitation shall become the property of the District.

6) The Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Vendor shall comply with the regulations found within 45 CFR Part 620, “Government Debarment and Suspension (Non-procurement).”

7) The Vendor certifies, to the best of its knowledge and belief that no federal appropriated, or any other funds have been or will be paid on behalf of the Vendor, to any person for influencing the award of a Federal contract, grant, loan or cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.

8) The Vendor is required to carry the insurance linked here.

B. Open Records – Disclosure of Information to the District. The Vendor understands that all material provided or produced by the Vendor in response to this Solicitation may be subject to the Colorado Open Records Act (“CORA”), C.R.S. § 24-72- 201, et seq. (2006). In the event of the filing of a lawsuit to compel such disclosure, the District will tender all such material to the court for judicial determination of the issue of disclosure and the Vendor agrees to intervene in such lawsuit to protect and assert its claims of privilege and against disclosure of such material or waive the same. The Vendor further agrees to defend, indemnify and save and hold harmless the District, its officers, agents and employees, from any claims, damages, expenses, losses or costs arising out of the Vendor’s intervention to protect and assert its claim of privilege against disclosure under this Article including, but not limited to, prompt reimbursement to the District of all reasonable attorney fees, costs and damages that the District may incur directly or may be ordered to pay by such court.

C. Clarification and Modifications in Terms and Conditions

1) Where there appear to be variances or conflicts between the General Terms and Conditions, the Special Terms and Conditions and the Specifications outlined in this Solicitation, the Specifications then the Special Terms and Conditions will prevail.

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2) If any Vendor contemplating submitting an Offer under this Solicitation is in doubt as to the true meaning of the specifications, the Vendor must submit a written request via email as determined on the Question Deadline on the RFP Schedule of Activities on page 1) for clarification to the District's Contact person as stated in the Special Terms and Conditions.

Any official interpretation of this Solicitation must be made, in writing, by an agent of the District's Purchasing Department who is authorized to act on behalf of the District. The District shall not be responsible for interpretations offered by employees of the District who are not agents of the District's Purchasing Department.

The District shall issue a written addendum if substantial changes which impact the technical submission of Offers are required. Vendor shall certify its acknowledgment of the addendum (a) on the Supplier Acknowledgement Form and return it with its Offer. In the event of conflict with the original contract documents, addenda shall govern all other contract documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified.

D. Prices Contained in Offer--Discounts, Taxes, Collusion

1) Vendors may offer a cash discount for prompt payment. Discounts will be considered in determining the lowest net cost for the evaluation of Offers; discounts for periods of less than twenty days, however, will not be considered in making the award.

2) Vendors shall not include federal, state, or local excise or sales taxes in prices offered, as the District is exempt from payment of such taxes.

3) The Vendor, by affixing its signature to this Solicitation, certifies that its Offer is made without previous understanding, agreement, or connection either with any persons, firms or corporations making an Offer for the same items, or with the District. The Vendor also certifies that its Offer is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. To insure integrity of the District's public procurement process, all Vendors are hereby placed on notice that any and all Vendors who falsify the certifications required in conjunction with this section will be prosecuted to the fullest extent of the law.

4) All costs incurred in preparing a proposal shall be the responsibility of Vendors.

3. PREPARATION AND SUBMISSION OF OFFER

A. Preparation

1) The Offer must be typed or legibly printed in ink. All corrections made by the Vendor must be initialed by the authorized agent of the Vendor.

2) Offers must contain a signature of an authorized agent of the Vendor in the space provided on the Solicitation Supplier Acknowledgement Form. The original acknowledgement form of this Solicitation must be included in all Offers. If the Vendor’s authorized agent fails to sign and return the original acknowledgement form of the Solicitation, its Offer shall be invalid and shall not be considered.

3) Unit prices shall be provided by the Vendor on the Solicitation’s Specification and Pricing Form when required in conjunction with the prescribed method of award and shall be for the unit of measure requested. Prices that are not in accordance with the measurements and descriptions requested may be considered non-responsive and may not be considered. Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail.

4) Alternate Offers will not be considered unless expressly permitted in the Specifications Special Terms and Conditions.

5) The accuracy of the Offer is the sole responsibility of the Vendor. No changes in the Offer shall be allowed after the date and time that the Offers are due.

6) The proposal shall be formatted based on the requirements listed in Section IV and shall be labeled/numbered and combined into one single file.

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B. Submission

1) Submit proposals via BidNet no later than 2:00 PM September 11, 2026.

2) In the event that there is a CORA request the District asks that each Vendor submit one (1) separate redacted version of their proposal. Be sure to clearly mark each proposal file as “Master” or “Redacted”. All redacted documents should be clearly marked as “Confidential”, “Proprietary”, “Privileged”, etc. as appropriate and include a short statement explaining the basis why the records should be exempted from disclosure under CORA. The District will not be responsible for evaluating the incorrect proposal if they are not clearly labeled.

3) Unless otherwise specified, when a Specification and Pricing form is included as a part of the Solicitation, it must be used when the Vendor is submitting its Offer. The Vendor shall not alter this form (e.g. add or modify categories for posting prices offered) unless expressly permitted by the District. No other form shall be accepted.

5) Offers submitted via facsimile machines or email will not be accepted.

C. Late Offers. Offers received after the date and time set for the opening shall be considered non-responsive.

4. MODIFICATION OR WITHDRAWAL OF OFFERS

A. Withdrawal of Offers

1) Offers may be withdrawn prior to the time and date set for the opening.

2) In accordance with the Uniform Commercial Code, Offers may not be withdrawn after the time and date set for the opening for a period of ninety calendar days. Such requests must be made in writing on company letterhead. If an Offer is withdrawn by the Vendor during this ninety-day period, the District may, at its option, suspend the Vendor from the bid list and may not accept any Offer from the Vendor for a six-month period following the withdrawal.

5. REJECTION OF OFFERS

A. Rejection of Offers. The District may, at its sole and absolute discretion:

1) Reject any and all, or parts of any or all, Offers submitted by prospective Vendors;

2) Re-advertise this Solicitation;

3) Postpone or cancel the process;

4) Waive any irregularities in the Offers received in conjunction with this Solicitation to accept an offer(s) which has additional value or function and/or is determined to be more advantageous to the District; and/or

5) Determine the criteria and process whereby Offers are evaluated and awarded. No damages shall be recoverable by any Vendor or challenger as a result of these determinations or decisions by the District.

B. Rejection of a Particular Offer. The District may, at its sole and absolute discretion, reject an Offer under any of the following conditions:

1) The Vendor misstates or conceals any material fact in its Offer;

2) The Vendor’s Offer does not strictly conform to the law or the requirements of the Solicitation;

3) The Offer expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Solicitation’s Special Terms and Conditions;

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4) The Offer does not include documents, including, but not limited to, certificates, licenses, and/or samples, which are required for submission with the Offer in conjunction with the Solicitation’s Special Terms and Conditions and/or Technical Specifications;

5) The Offer has not been executed by the Vendor through an authorized signature on the Specifications Vendor Acknowledgement.

C. Elimination From Consideration

1) An Offer may not be accepted from, nor any contract be awarded to, any person or firm which is in arrears to the District upon any debt or contract or which is a defaulter as surety or otherwise upon any obligation to the District.

2) An Offer may not be accepted from, nor any contract awarded to, any person or firm which has failed to faithfully perform any previous contract with the District, state or federal government, for a minimum period of three years after this previous contract was terminated for cause.

3) An Offer may not be accepted from, nor any contract awarded to, any person related to any District employee and such a relationship would create a material financial interest or result in the violation of APS Board Policy GBEA by either Vendor or the District employee.

D. Right to Waive Bids. The District reserves the right to waive any technical or formal errors or omissions and to reject any and all bids, or to award contract for the items hereon, either in part or whole, if it is deemed to be in the best interest of the District to do so.

6. EVALUATION CRITERIA. Offers received will be evaluated based on the criteria identified in Section IV. These criteria will form the basis for review of the written proposals.

7. AWARD OF CONTRACT. The District shall award a contract to a Vendor through the issuance of a Formal Award, Contract or Purchase Order. The General Terms and Conditions, the Special Terms and Conditions, any Technical Specifications, the Vendor’s Offer, and the Contract or Purchase Order are collectively an integral part of the contract between the Adams- Arapahoe School District 28J and the successful Vendor. Accordingly, these documents shall constitute a binding contract without further action by either party.

8. APPEAL OF AWARD. Vendors may appeal by submitting, in writing, a detailed request for reconsideration to the District's Executive Director of Finance within 72 hours after the Intent to award is issued, provided that the appeal is sought by the Vendor prior to the District finalizing a contract with the selected Vendor.

9. NEGOTIATIONS. The District reserves the right to conduct negotiations with Vendors and to accept revisions of any or all of the contents of the proposal(s). During this negotiation period, the District will not disclose any information derived from proposals submitted, or from discussions with other Vendors in response to CORA requests. Once an award is made and contract is executed, the solicitation file and the proposals contained therein are in the public record.

10. CONTRACTUAL OBLIGATIONS

A. Local, State and Federal Compliance Requirements. Successful Vendors shall be familiar and comply with all local, state, and federal directives, ordinances, rules, orders, codes and laws applicable to, and affected by, this contract including, but not limited to, Equal Employment Opportunity (EEO) regulations, Occupational Safety and Health Act (OSHA), and Title II of the Americans with Disabilities Act (ADA). If applicable, material safety data sheets must be sent with the proposal.

B. Disposition. The Vendor shall not assign, transfer, convey, sublet, or otherwise dispose of this contract, including any or all of its right, title or interest therein, or its power to execute such contract to any person, company or corporation, without prior written consent of the District.

C. Employees. All employees of the Vendor shall be considered to be, at all times, employees of the Vendor, under its sole direction, and not an employee or agent of the District.

1) The District may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable, and whose continued employment on District property is not in the best interest of the District.

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2) The Vendor shall not employ, retain, hire or use any individual that has been convicted of any felony charges as the same is defined under the laws of the State of Colorado in the performance of the services to be rendered and materials to be provided to the District pursuant to this Solicitation unless the Vendor receives prior written permission.

3) In accordance with the District’s Tobacco-Free Schools (ADC) and Drug and Alcohol Free Workplace(GBEC) policies, no employee of the Vendor shall be permitted to use tobacco, drugs, alcohol, marijuana products, or any controlled substances when performing work on District property.

4) To protect the staff and program against undue invasion of the school or work day, sales representatives shall not be permitted in schools or other departments for the purpose of making sales unless authorized to do so by the Director of Purchasing or his/her designee. If special or technical details concerning goods or services to be purchased are required, the involvement of Vendors should be coordinated through the Purchasing Department.

5) Background Checks. The Contractor and every person, including any subcontractor or agent of the Contractor, who provides direct services to students, or who has access to student data, shall be required to have a criminal background check that meets the requirements of § 22-32-109.7, C.R.S. and other District requirements, including a fingerprint-based conviction investigation. A Colorado Bureau of Investigation criminal history check and Name Check investigation for any person providing services under this Contract do not meet District requirements. The costs associated with the background checks are solely the Contractor’s responsibility. Thereafter, any personnel, subcontractor, volunteer or agent hired or added during the term of this Contract shall satisfy the requirements set forth in this Section before performing services on Contractor’s behalf. The Contractor shall make the background check results available upon request of the District in compliance with the provisions of § 24-72-305.3, C.R.S. The District also reserves the right to conduct its own criminal background check of every person before Services begin.

a. Notwithstanding the criminal background check requirement as set forth above, Contractor hereby certifies that no employee, subcontractor, volunteer or agent of the Contractor performing the Services has been convicted in Colorado or in any other State of a criminal offense involving: (i) the abuse, abduction, sexual molestation, physical or sexual assault on, or rape of a minor; or (ii) any crime involving exploitation of minors, including but not limited to, child pornography offenses or any crime of violence. Contractor shall notify the District immediately upon the discovery or receipt of any information that any person performing services on Contractor’s behalf has been detained or arrested by a law enforcement agency of the aforementioned crimes. Contractor understands that allowing any employee, subcontractor, volunteer or agent of the Contractor performing the Services who has been arrested or convicted of the aforementioned crimes to: (i) provide direct services to students, (ii) access student data, or (iii) enter onto District property, constitutes a material breach of this Contract and may result in the immediate termination of this Contract and referral to law enforcement for possible criminal charges, or additional civil sanctions pursuant to federal and state law. Misdemeanor conviction(s) may not necessarily result in the immediate termination of this Contract. Misdemeanor convictions are evaluated on a case-by-case basis, considering the nature and gravity of the offense, time elapsed since the offense, conviction, or time served, and the nature of the Services. Upon the District’s request, the Contractor shall provide documentation of every person performing the Services to substantiate the basis for this certification.

E. Delivery. Prices, quotes and deliveries are to be FOB destination, freight prepaid, and shall require inside delivery unless otherwise specified in the Solicitation’s Special Terms and Conditions. Title and risk of loss shall pass to the District upon inspection and acceptance by the District at its designated point of delivery, unless otherwise specified in the Special Terms and Conditions. In the event that the Vendor defaults on its contract or the contract is terminated for cause due to performance, the District reserves the right to re-procure the materials or services from the next lowest Vendor or from other sources during the remaining term of the terminated/defaulted contract. Under this arrangement, the District shall charge the Vendor any difference between the Vendor’s price and the price to be paid to the next lowest Vendor, as well as any costs associated with the re-solicitation effort

F. Material Priced Incorrectly. As part of any award resulting from this process, Vendor(s) will discount all transactions as agreed. In the event the District discovers, through its contract monitoring process or formal audit process, that material was priced incorrectly, the Vendor(s) agree to promptly refund all overpayments and to pay all reasonable audit expenses incurred as a result of the non-compliance.

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G. Governing Law. Venue for any and all legal action regarding or arising out of transactions covered herein shall be solely in the State of Colorado. The laws of the state of Colorado shall govern the transaction.

H. Infringement Claims. The respondent shall defend all suits or claims for infringement of any alleged patent rights, copyright or trade secrets arising under this agreement and shall indemnify the District from loss on account thereof and shall pay any judgments or fees resulting there from, including, but not limited to, royalties, license fees and attorneys' fees.

11. MODIFICATIONS TO EXISTING CONTRACT.

Terms and conditions may be added, modified, and deleted upon mutual agreement between agents of the District and the Vendor provided that such terms and conditions remain within the scope and original intent of the Solicitation. Said terms and conditions may include, but are not limited to, additions or deletions of service levels and/or commodities and/or increases or decreases in the time limits for an existing contract. Any and all modifications to the existing contract must be expressed in writing through an Amendment to the contract and executed by authorized agents of the District and the Vendor prior to the enactment of such modifications.

12. TERMINATION OF CONTRACT

A. The District may, by written notice to the successful Vendor, terminate the contract if the Vendor has been found to have failed to perform its service in a manner satisfactory to the District as per specifications, including delivery as specified. The date of termination shall be stated in the notice. The District shall be the sole judge of non-performance.

B. The District may cancel the contract, without penalty, upon thirty days written notice for reason other than cause. This may include the District's inability to continue with the contract due to the elimination or reduction of funding.

C. Any and all obligations of the District under this agreement are subject to annual budgeting and appropriation by the District.

13. ELECTRONIC SIGNATURES AND ELECTRONIC RECORD

A. Contractor consents to the use of electronic signatures by the District. This Agreement, and any other documents requiring a signature under this Agreement, may be signed electronically by the Owner in the manner specified by the Owner. The Parties agree not to deny the legal effect or enforceability of this Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original.

14. FORCE MAJEURE

A. Neither the Contractor nor the District shall be liable to the other for any delay in, or failure of performance of, any covenant or promise contained in this contract, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to the extent that, such delay or failure is caused by “force majeure”. As used in this contract “force majeure” means acts of God; acts of the public enemy; acts of the District and any governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes, freight embargoes; illegality, or unusually severe weather.

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REQUEST FOR PROPOSAL B2714

SECTION III: SPECIAL TERMS AND CONDITIONS

1. PURPOSE: Aurora Public Schools successfully passed the 2024 Bond measure in November 2024. At this time we are soliciting proposals for Design Build Services for a CTE Annex Building at Vista Peak Preparatory High School. The project is intended to construct a pre-engineered metal building of approximately 12,000 square feet.

2. FINAL COMPLETION DATE: June 30, 2027

3. CONTACT PERSON: For additional information regarding the Specifications and requirements of this Solicitation, please submit a question via BidNet. Unauthorized contact with a District or Jacobs employee other than the Procurement Agent regarding this RFP may result in disqualification.

4. RESPONSE TO QUESTIONS: Questions which arise during the Response preparation period regarding issues around this Solicitation, purchasing and/or award should be directed to the specified Procurement Agent. The Vendor submitting the question shall be responsible for ensuring that the question is received by the Procurement Agent by the question deadline stated on the cover page of this solicitation.

Any official interpretation of this Solicitation must be made by an agent of the District’s Purchasing Department who is authorized to act on behalf of the District. The District shall not be responsible for interpretations offered by employees of the District who are not agents of the District’s Purchasing Department.

5. METHOD OF AWARD: BEST EVALUATIVE SCORE BASED ON WRITTEN RESPONSE AND POSSIBLE ORAL PRESENTATION: For this Solicitation, the Evaluation Committee will score Responses in two phases. In the first phase, the Committee will score written Responses by reviewing documentation submitted by the Suppliers. Evaluations will be based on the criteria in Section IV. In the second phase, if necessary the Committee will invite a limited number of Suppliers who received the highest scores during phase one to provide an oral presentation. The number of Suppliers who are invited to provide an oral presentation will be determined by the Committee after the written Responses have been scored. Round Two will be based on a ranking scale.

The District reserves the right to conduct negotiations with Suppliers and to accept revisions of proposals. During this negotiation period, the District will not disclose any information derived from proposals submitted, or from discussions with other Suppliers. Once the award is made and contract is finalized, the solicitation file and the proposals contained therein are in the public record.

The District reserves the right to make multiple awards from this process. The District further reserves the right to periodically open this RFP to add more pre-qualified offers.

6. METHOD OF PAYMENT: Per district policy and applicable Terms and Conditions of the contract.

7. SALES TAX: The District is exempt from paying State or Local Sales Taxes. Notwithstanding, Vendors should be aware of the fact that all materials and supplies which are purchased directly by the Vendor in conjunction with this contract will be subject to applicable state and local sales taxes and these taxes shall be borne by the Vendor.

8. CONFLICTS WITHIN THE CONTRACT DOCUMENTS: In the event that conflicts exist within the Contract Documents, the policies stated in the following paragraphs shall govern: A. Addenda shall supersede all other Contract Documents to the extent specified. Subsequent addenda shall supersede prior addenda only to the extent specified. B. Drawings and Specifications are intended to agree and be mutually explanatory and shall be accepted and used as a whole and not separately. Should any item be omitted from either the drawings or Specifications as specified, it shall be implied that such omissions are contained in both the drawings and the Specifications as necessary for the proper construction of the work herein specified. Should any error or disagreement between the Specifications and drawings exist or appear to exist, the Vendor shall not avail itself of such manifestly unintentional error or omission, but must have the same explained or adjusted by the District's Bond Program Manager before proceeding with the work in question.

9. COOPERATIVE PURCHASING EFFORTS: Aurora Public Schools encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental jurisdictions, to the extent, other governmental jurisdictions are legally able to participate in cooperative purchasing, the District supports such cooperative activities. (Examples of these

Request for Proposal: B2714 Page 11 of 20 Updated 03/12/2025 cooperative efforts include: MAPO - Multiple Assembly of Procurement Officials, CEPC - Cooperative Educational Procurement Council). We hereby request that any member of other governmental jurisdictions be permitted to avail itself of this contract and purchase any and all items specified herein from the successful Vendor(s) at the contract price(s) established herein. Each governmental entity which uses a contract(s) resulting therefrom would establish its own contract, issue its own orders, schedule deliveries, be invoiced therefrom, make its own payments, and issue its own exemption certificates as required by the Vendor.

It is understood and agreed that the District is not a legally binding party to any contractual agreement made between another governmental entity and the Vendor as a result of this Solicitation. The District shall not be liable for any costs or damages incurred by any other entity.

10. INDEMNIFICATION: The successful Vendor shall indemnify and hold the District harmless from any and all claims, liabilities, losses and causes of action which may arise out of the fulfillment of the Vendor’s contractual obligations as outlined in this Solicitation. The Vendor or its insurer(s) shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all suits, in the name of the District when applicable, and shall pay all costs and judgments which may issue thereon.

11. EQUAL OPPORTUNITY: Aurora Public Schools intends and expects that the contracting processes of the District and its Vendors provide equal opportunity without regard all protected classes inclusive of gender, race, ethnicity, religion, age or disability and that its Vendors make available equal opportunities to the extent third parties are engaged to provide goods and services to the District as subcontractors, Vendors, or otherwise. Accordingly, the Vendor shall not discriminate on any of the foregoing grounds in the performance of the contract, and shall make available equal opportunities to the extent third parties are engaged to provide goods and services in connection with performance of the contract (joint ventures are encouraged). The Vendor shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential subcontractors who may be interested. The Vendor shall maintain records demonstrating its compliance with this article and shall make such records available to the District upon the District’s request.

Vendor shall comply with Executive Order 11246, as amended by Executive Order 11375, and as supplemented by regulations at 41 CFR Part 60.

12. ACCESSIBILITY: Vendor shall comply with and all Services provided under this Agreement shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to Section §24-85-103 (2.5), C.R.S. Vendors shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. Vendor shall indemnify, save, and hold harmless the District against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by the District in relation to Vendor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.

13. WORK PRODUCT: Unless explicitly set forth in writing and executed by both parties, any intellectual property, software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials (collectively “materials”) delivered by Vendor in performance of its obligations under this contract shall be the exclusive property of Aurora Public Schools.

Ownership rights shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the materials. Vendor shall comply with all applicable Cyber Security Policies of the State of Colorado (the “State”), or Aurora Public Schools, as applicable, and all confidentiality and non-disclosure agreements, security controls, and reporting requirements.

14. LOCAL OFFICE MAY BE REQUIRED. Due to the service level required in conjunction with this solicitation, the supplier shall maintain an office within Colorado. This office shall be staffed by a competent company representative(s) who can be contacted during normal business hours and who is authorized to discuss matters pertaining to the contract

15. OWNER STANDARDS: All Work provided under this Agreement and each Purchase Order must follow the specifications, standards and procedures of the Owner, including, but not limited to: Construction Standards and Ed Spec Standards.

Request for Proposal: B2714 Page 12 of 20 Updated 03/12/2025

REQUEST FOR PROPOSAL B2714

SECTION IV: SCOPE OF WORK/EVALUATION CRITERIA

1. OVERVIEW

a. Aurora Public Schools (APS) is currently the fifth largest school district out of 186 public school districts in the State of Colorado. It is located in Aurora, Colorado, the 54th largest city in the nation and the third largest in the state. It is a city on the eastern border of Denver, Colorado, with a population of more than 350,000 covering nearly 144 square miles. There are 66 schools in the district: 4 child development centers, 27 elementary schools, 8 P-8 / K-8 schools, 6 middle schools, 1 Grades 6-12 academy, 6 high schools, 1 vocational/technical college, 1 gifted and talented K-8 school, 11 charter schools and 1 home school support program.

b. The purpose of this Solicitation is to solicit proposals from qualified vendors to provide a Pre-engineered metal building.

2. SCOPE OF WORK Provide Design Build Services for a pre-engineered metal building at Vista Peak Preparatory High School.

3. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

To enable the District to conduct a uniform review of all proposals submitted in response to this solicitation, all components of the proposal shall be responded to and submitted as set forth below and in Section II. With the exception of the redacted copy, the proposal shall be in one combined file. The District reserves the right to reject submittals that do not follow the requested format.

SECTION A Required Forms Submit from this Request for Proposal the signed and completed Vendor Acknowledgement, page 3, the Code of Conduct and Conflict of Interest Certification, page 15, the Accessibility Attestation, page 16, the Acknowledgement & Attestation, page 17, Debarment and Lobbying, page 18 and Vendors shall provide a copy of their Certificate of Insurance and W-9.

SECTION B Management Summary Include a management summary, which provides an overview of professional (CM) services related to the firm leading the design build effort and building of a premanufactured metal building. Detail firms’ history in self-performed work for the erection of the metal building. Respondents should emphasize why their proposal is best suited to meet the needs of the district.

SECTION C Pricing Submit Exhibit B- Specification and Pricing Form Page 19-20

SECTION D Project Schedule and Implementation Plan

Provide detailed implementation plan and project schedule to deliver scope of services and deliverables to meet the Districts deadline of June 30, 2027. If you are subcontracting any portion of the work or partnering with other design professionals, show that in the plan, detail what the proposed partners services will entail.

SECTION E Vendor Profile Provide a Vendor Profile to include, in the following order:

A. The length of time the Vendor has been in business under the current business name and previous names of the firm, if any.

B. An overview of the company (staff size, geographic location including front range location, number and nature of the staff to be assigned to the project).

C. Provide resumes, staff experience, training and relevant certifications for key personnel listed. All staff must be local to Colorado.

D. Provide your implementation plan, and steps specifically taken to keep on schedule.

E. Provide your background and overall qualifications including a minimum of three

(3) pre-engineered metal buildings erected as the primary builder.

F. Provide a minimum of three (3) K-12 client references for projects exceeding $2M which you have provided a similar scope/service as requested in this solicitation.

Request for Proposal: B2714 Page 13 of 20 Updated 03/12/2025 including complete email addresses, physical addresses, telephone numbers and contact person.

G. List any current litigation, outstanding judgments and liens with which your company is presently involved and information on any defaulted contracts in the past five years for failure to meet financial obligations.

H. Provide copies of all pertinent licenses, if required, to perform the services listed in the statement of work.

SECTION F Redacted Bid Response Provide a separate redacted bid response in the event of a CORA request.

4. EVALUATION CRITERIA / METHOD OF AWARD This RFP will be evaluated by a team consisting of District employees representing the Project, including Finance and Operations personnel. The evaluation team will evaluate and score proposals based upon the established criteria below:

Category Points

Vendors Compliance with and Responsiveness to the RFP:

● Contract terms and conditions compliant

● Description of firm and organization, size and background

● Management Summary

● Followed specified format requirements, completeness and overall response to RFP

● Submitted required documents

Past Performance and References:

30● Past performance for similar requirements and systems

● Relevant references - School Districts, Municipalities or other industries with comparable experience

Technical Compliance-Scope of Work and Specification Compliance:

● Analysis & evaluation capabilities

● Staff Experience and Qualifications

● Pre-construction services and processes

Schedule, Budget, and Project Implementation/Qualifications:

● Detailed implementation plan and project schedule to deliver the scope of services and deliverables to meet the Districts deadline of June 30, 2027.

● Implementation of District’s timelines and schedule

● Pricing/Value Added Components:

Pricing per options

● Value Adds

● Discounts/Incentives

● Total

a. Round One: Evaluation scores will be based upon the written Responses provided to the District for the Solicitation using the table above. After all Responses have been evaluated and scored, if necessary, the Committee will invite a limited number of the highest scoring Responses to participate in “Round Two” where they will be able to present to the Evaluation Committee. The number of Vendors who are invited to participate in the second round will be determined by the Committee after all the written Responses have been collected, evaluated and scored.

Please Note: Round One will have a maximum point value of 100.

Request for Proposal: B2714 Page 14 of 20 Updated 03/12/2025

b. Round Two (if necessary): Will be an on-site or virtual presentation to the evaluation team. Vendors will be notified via email that they have been invited to participate in this round. Round Two will be based on a ranking scale. If Round 2 ends in a tie, Round 1 scores will be added to the Round 2 scores. Vendors will be given further information with their invitation to present.

Request for Proposal: B2714 Page 15 of 20 Updated 03/12/2025

REQUEST FOR PROPOSAL B2714

SECTION V: CODE OF CONDUCT AND CONFLICT OF INTEREST CERTIFICATION

I, ___________________________, certify as an authorized representative of [__________________________], that I have read the District’s ethical and purchasing policies, as listed below1, related to my company conducting business with the District. I understand that the District’s policies and regulations shall operate as a Code of Conduct. I agree to follow the District’s Code of Conduct, and any legal and regulatory requirements applicable to my company’s performance, work or contract, and that violating the District’s Code of Conduct may result in immediate sanctions up to, and including the termination of my business relationship with the District. I understand that if I have questions concerning the meaning or application of the Code of Conduct or relevant legal and regulatory requirements, I will contact the appropriate District representative. I understand it is my responsibility to disclose any situation that might reasonably appear to be a violation of the Code of Conduct. I understand the absence of a specific guideline, practice or policy covering a particular situation does not relieve me from exercising the highest ethical standards applicable to the circumstances.

I have read the Code of Conduct, as listed below, which among other things, restates the District’s policies prohibiting certain activities deemed illegal, unethical or against the best interest of the District. I accept and agree to the restrictions stated in the Code of Conduct. I hereby certify that I will comply with the Code of Conduct and to the best of my knowledge, all of my employees, subcontractors, and personnel under my supervision are aware of the Code of Conduct and will comply with its terms. I know and agree that it is incumbent upon me, and my employees to perform satisfactorily and to follow and comply with the District policies and rules as they are issued or modified from time to time.

I understand the District’s Code of Conduct is a general guide to acceptable and appropriate behavior, and that I am expected to comply with it even though it may not contain all of the details and information needed during the course of my performance and work with the District.

During the period of time of my business relationship with the District, at no time will I, or any employee of mine: (i) engage in human trafficking or procure a commercial sex act; or (ii) use forced labor in the performance of my company’s performance, work or contract with the District, including but not limited to, prison labor, indentured or slave labor, or bonded labor. I understand that if I, or any employee of mine, engage in any such activities my company’s performance, work or contract may be immediately terminated by the District without penalty.

Further, when dealing with District employees, I will adhere to the highest ethical standards of business conduct. When seeking the resolution of regulatory or ethical issues affecting my company’s interests I will do so solely on the basis of merit and pursuant to proper procedures in dealing with the District and its employees. At no time will I, or any employee of mine offer, provide or solicit, directly or indirectly, any special treatment or favor in return for anything of economic value, or the promise or expectation of future value or gain. In addition, there shall be no entertaining of District employees with the expectation of receiving any future value or gain.

I will not accept or offer gifts or gratuities, employ any person who is working for the District, nor do I have any close,2 or immediate family3 relationships with the District. If I do, I will immediately disclose the name and relationship of that person or persons and any existing potential conflict of interest with that District employee or any employee who may make decisions in their jobs that would allow him or her to give or receive preferential or favorable consideration in exchange for anything of a personal benefit to themselves or their friends and families. I understand that such situations could interfere with an employee’s ability to make judgments solely in the District’s best interest.

Accordingly, I have listed below all relationships and outside…