biddoc.pdf

Request for Proposal

BD2730 General Contractor Pre-Qualification

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 Denver Public Schools (DPS) personnel related to this solicitation is permitted, except as authorized by the Purchasing Director. Inquiries regarding this RFP must be submitted via BidNet. Inquiries outside of questions and regarding the composition of this RFP to ConstructionBids@dpsk12.org. Any contact with other DPS personnel may deem the Supplier disqualified, and the proposal will not be accepted for review.

Please note that an FAQ document has been provided to assist you with any common questions or clarifications you may need regarding this RFP. The document can be accessed here: FAQ Document Link.

We recommend reviewing the FAQ before submitting your proposal.

RETURN TO:

BidNet - BD2730

Denver Public Schools

RFP SCHEDULE OF ACTIVITIES (subject to change)

EVENT DATE

Issuance of RFP 9/30/26

Questions Deadline via BidNet 10/7/26 by 10am

Proposal Deadline via BidNet 10/21/26 by 10am

Round 2 - (if necessary) TBD

1617 S. Acoma St., Denver, CO 80223 | 2nd Floor | ConstructionBids@dpsk12.org

Request for Proposal: BD2730 Page 1 of 27 Updated 06/30/2022 – Purchasing mailto:ConstructionBids@dpsk12.org https://drive.google.com/file/d/1gS4BCpJqWg_eOqUPdGQ6t7XGzUglRddV/view?usp=sharing

REQUEST FOR PROPOSAL BD2730

TABLE OF CONTENTS

SECTION I: Supplier Acknowledgement Page 3

SECTION II: General Terms and Conditions Page 4

SECTION III: Special Terms and Conditions Page 11

SECTION IV: Scope of Work/Evaluation Criteria Page 14

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

EXHIBIT A: Vendor Requirements Checklist

EXHIBIT B: SAMPLE Diverse Business Inclusion Commitment Form

EXHIBIT C: SAMPLE Payment and Performance Bond

EXHIBIT D: SAMPLE Construction Safety Standards Acknowledgement Form and Confined Space Safety Acknowledgement

EXHIBIT E: SAMPLE Bid Bond Form

EXHIBIT F: Insurance requirements

EXHIBIT G: SAMPLE Agreements

If any of the Documents listed above are missing from this package, please contact the Purchasing official at ConstructionBids@dpsk12.org.

1617 S. Acoma St., Denver, CO 80223 | 2nd Floor | ConstructionBids@dpsk12.org

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SECTION I: SUPPLIER 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__________

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

Do you qualify as a certified MWBE? Yes__________ No__________

Do you qualify as a certified SBE under the SBA guidelines? 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) he/she is a duly authorized agent of the Supplier, (2) he/she has read all terms and conditions and specifications which were made available in conjunction with this Solicitation and fully understands and accepts them unless specific variations have been expressly listed in his/her offer, (3) that the offer is being submitted on behalf of the Supplier in accordance with any terms and conditions set forth in this document, and (4) that the Supplier 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) Supplier must acknowledge any and all addendum(a) below by initialing a box with the addenda number in it. (6) Section V.

Code of Conduct and Conflict of Interest Certification shall be signed and returned with the Offer.

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 Supplier)

Printed Name: ______________________________________ Title: ________________________________________________ Date: ______________

Email Address: ______________________________________________________________________ Phone: ______________________________

Addendum(s) Acknowledged

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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'' or “Responses”) made to the Denver Public Schools (hereinafter referred to as “District”) by all prospective suppliers (hereinafter referred to as “Suppliers”) in response, but not limited, to Invitations to Bid, Requests for Proposals, Requests for Qualifications, and Requests for Quotations (hereinafter referred to as “Solicitations”).

2. CONTENTS OF OFFER

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

1) Suppliers 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 Supplier 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 Supplier.

2) Suppliers are advised that all District contracts are subject to all legal requirements contained in the District Board policies, the Purchasing Department’s procedures, and 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 Supplier 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 Supplier 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 Supplier shall comply with the regulations found within 45 CFR Part 620, “Government Debarment and Suspension (Non-procurement).”

7) The Supplier is required to carry the following Insurance Requirements as listed on Exhibit F.

B. Open Records – Disclosure of Information to the District. The Supplier understands that all material provided or produced by the Supplier 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 Supplier 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 Supplier 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 Supplier’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

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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.

2) If any Supplier contemplating submitting an Offer under this Solicitation is in doubt as to the true meaning of the specifications, the Supplier must submit a written request (either via email or BidNet 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. Denver Public Schools utilizes Rocky Mountain E-Purchasing System (RMEPS/BidNet) at https://www.bidnetdirect.com/colorado to distribute official copies of the Solicitations, and any addenda for use in preparing Offers. Suppliers are responsible for checking BidNet to retrieve any addendum (a). Supplier 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) Suppliers shall not include federal, state, or local excise or sales taxes in prices offered, as the District is exempt from payment of such taxes.

2) The Supplier, 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 Supplier 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 Suppliers are hereby placed on notice that any and all Suppliers who falsify the certifications required in conjunction with this section will be prosecuted to the fullest extent of the law.

3. PREPARATION AND SUBMISSION OF OFFER

A. Preparation

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

2) Offers must contain a signature of an authorized agent of the Supplier 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 Supplier’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 Supplier 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.

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5) The accuracy of the Offer is the sole responsibility of the Supplier. 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 numbered and combined into one single file.

B. Submission

1) In person submittals will not be accepted. Proposals must be uploaded and submitted through Rocky Mountain E Purchasing (BidNet) by or before the due date and time. Please ensure that this copy is complete and accurate and includes all proposal content, descriptions and pricing.

2) In the event that there is a CORA request the District asks that each Supplier submit one (1) separate redacted version of their proposal. Be sure to clearly mark each proposal file as “Master” or “Redacted”. 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 Supplier is submitting its Offer. The Supplier shall not alter this form (e.g. add or modify categories for posting prices offered) unless expressly permitted in the addendum duly issued by the District. No other form shall be accepted.

3) 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. BidNet allows users to modify Offers prior to the time and date set for the Offers to be opened.

B. Withdrawal of Offers

1) Offers may be withdrawn prior to the time and date set for the opening. On BidNet, users may withdraw their Offer up until the deadline.

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 Supplier during this ninety day period, the District may, at its option, suspend the Supplier from the bid list and may not accept any Offer from the Supplier 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 Suppliers;

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

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5) Determine the criteria and process whereby Offers are evaluated and awarded. No damages shall be recoverable by any Supplier 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 Supplier misstates or conceals any material fact in its Offer;

2) The Supplier’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;

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 Supplier through an authorized signature on the Specifications Supplier 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 DPS Board Policy GBEA by either Supplier 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 supplier through the issuance of a Contract and Purchase

Order. The Contract shall be an AIA contract with amendments, a copy of which is attached hereto. Submission of an Offer is deemed acceptance of all terms, conditions and specifications contained in the Contract and Purchase Order. Any proposed modifications to the terms, conditions and specifications of the Contract or Purchase Order must be submitted with the Offer and an explanation provided in writing for any proposed modifications. The District reserves the right to deem an Offer as non-responsive if a Supplier makes a large number of proposed modifications to the Contract or Purchase Order.

8. APPEAL OF AWARD. Suppliers may appeal by submitting, in writing, a detailed request for reconsideration to the District's Director of Purchasing within 72 hours after the recommendation of award is posted on BidNet, provided that the appeal is sought by the Supplier prior to the District finalizing a contract with the selected Supplier.

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9. NEGOTIATIONS. 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 in response to CORA requests. Once an award is made, the solicitation file and the proposals contained therein are in the public record.

10.CONTRACTUAL OBLIGATIONS

A. Local, State and Federal Compliance Requirements. Successful Suppliers shall be familiar and comply with all local, state, and federal directives, ordinances, rules, orders, 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).

B. Disposition. The Supplier 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 Supplier shall be considered to be, at all times, employees of the Supplier, under its sole direction, and not an employee or agent of the District.

1) The District may require the Supplier 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.

2) The Supplier 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 Supplier receives prior written permission.

3) In accordance with the District’s policy regarding the use of tobacco and marijuana products, no employee of the Supplier shall be permitted to use tobacco and marijuana products 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/their designee. If special or technical details concerning goods or services to be purchased are required, the involvement of Suppliers should be coordinated through the Purchasing Department.

5) Background Checks. The Supplier and every person, including any subcontractor or agent of the Supplier, 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 Supplier’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 Supplier’s behalf. The Supplier 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, Supplier hereby certifies that no employee, subcontractor, volunteer or agent of the Supplier 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. Supplier shall notify the District immediately upon the

Request for Proposal: BD2730 Page 8 of 27 Updated 06/30/2022 – Purchasing discovery or receipt of any information that any person performing services on Supplier’s behalf has been detained or arrested by a law enforcement agency of the aforementioned crimes. Supplier understands that allowing any employee, subcontractor, volunteer or agent of the Supplier 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 Supplier shall provide documentation of every person performing the Services to substantiate the basis for this certification.

b. Denver Public Schools may issue identification badges for Suppliers. Every person who receives a Denver

Public Schools identification badge or an electronic access card from the District’s Department of Climate and Safety 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. In addition, every person who receives a Denver Public Schools identification badge will be scanned through the Raptor Visitor Management System on District property prior to issuance of the identification badge. Prior to issuance of an electronic access card, Supplier shall provide documentation to the District’s Department of Climate and Safety to substantiate completion of a successful background check pursuant to the terms of the Agreement for Use of Electronic Access Card. Use of Denver Public Schools electronic access cards are subject to the terms of the Denver Public Schools Access Control Policy and Procedures

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 Supplier 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 Supplier or from other sources during the remaining term of the terminated/defaulted contract. Under this arrangement, the District shall charge the Supplier any difference between the Supplier’s price and the price to be paid to the next lowest Supplier, as well as any costs associated with the re-solicitation effort

F. Material Priced Incorrectly. As part of any award resulting from this process, Supplier(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 Supplier(s) agree to promptly refund all overpayments and to pay all reasonable audit expenses incurred as a result of the non-compliance.

11.MODIFICATIONS TO EXISTING CONTRACT.

Terms and conditions may be added, modified, and deleted upon mutual agreement between agents of the District and the Supplier 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 Supplier prior to the enactment of such modifications.

12.TERMINATION OF CONTRACT

A. The District may, by written notice to the successful Supplier, terminate the contract if the Supplier 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.

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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.

13.ELECTRONIC SIGNATURES AND ELECTRONIC RECORD

A. Supplier 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 Supplier 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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SECTION III: SPECIAL TERMS AND CONDITIONS

1. PURPOSE: The District is interested in obtaining and maintaining a list of General Contractors that meet the minimum requirements to work with the District.

2. CONTACT PERSON: For questions/issues relating to this solicitation (i.e. broken links), please contact ConstructionBids@dpsk12.org. Unauthorized contact with a District employee other than the Purchasing Agent regarding this RFP may result in disqualification.

3. TERM OF PREQUALIFICATION: The vendors that become pre-qualified as a result of this RFP will remain pre-qualified until January 2028, regardless of when prequalification status is awarded. The District reserves the right to periodically open this RFP to add more pre-qualified vendors. Once awarded prequalification status there is no need to respond to the future RFPs.

Open Enrollment RFPs will include a list of all vendors that have been awarded prequalification status.

4. UTILIZATION OF CLOSEOUT EVALUATIONS: As a prequalified general contractor, the District reserves the right to utilize evaluations from the closeout of another project if that project was listed in the vendor’s proposal. For example, Vendor A submits a proposal for RFP BD1234 and in that proposal Vendor A lists Project XYZ in the proposal and the District has a closeout evaluation form on file for Vendor A in regards to Project XYZ, the District may use that closeout evaluation as evaluation material.

5. DESIGN AND CONSTRUCTION STANDARDS: The Supplier shall comply with the District’s Educational Specifications and Design and Construction Standards (the “Standards”), available here:

https://facilities.dpsk12.org/o/facilities/page/construction-standards

6. SUSTAINABLE MEASURES: In April of 2022, the District adopted a climate action policy. As the District is working toward establishing sustainable goals, standards and solutions, suppliers may be asked to work with the District, the District’s consultants, and the Supplier’s consultants to discuss potential Sustainable Measures; examine strategies for implementation of the Sustainable Measures; and discuss the potential impact of the Sustainable Measures on the Project schedule, the District’s program, and the District’s budget for the Cost of the Work. This includes system options that contribute to decarbonization of buildings such as beneficial electrification for heating, renewable energy generation, and energy efficiency measures that reduce consumption.

7. SBE FIRM SELF-PERFORMANCE: Certified SBE vendors awarded prequalification status will be required to self-perform at least 51% of the work, per project. The district will review requests to self-perform less than 51% for project scopes and reserves the right to approve these requests based on the determined project requirements.

8. SUBCONTRACTOR UTILIZATION: The supplier to whom the work is awarded will be required to input information into the Office of Business Diversity Contract Management System (OBE-CM) 72 hours after notification of award. This will include scope of work to be performed by each subcontractor, including non-certified subcontractors. Identify if each subcontractor is a minority, women business enterprise. The OBD–CM system may be reached by typing https://denverpublicschools.diversitycompliance.com/ in your internet browser address line. Failure to comply with this requirement may be grounds for termination of award. Your account username is the email address on file with The Office of Business Diversity. We request that you take this opportunity to review your contact information in the management system, if you have not done so already. Updating this information will ensure that OBD is able to communicate with the awarded supplier effectively. If you have any questions, please contact the Office of Business Diversity, businessdiversity@dpsk12.org.

9. 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.

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10.RESPONSE TO QUESTIONS: Questions which arise during the Response preparation period regarding issues around this Solicitation, purchasing and/or award should be directed, via BidNet. The Supplier submitting the question shall be responsible for ensuring that the question is received by the Purchasing Agent on BidNet 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.

11.METHOD OF AWARD - NON SBE: The district shall award pre-qualified status to vendor(s) through the issuance of a notice of prequalification. The district reserves the right to implement a shortlist program. Vendors will not be removed from the list for lack of participation but the District reserves the right to request in-person meetings to discuss participation and determine the Vendor’s ongoing prequalification status. Please note it is the intention of DPS to use the pre-qualified General Contractor list for all projects going forward, but DPS reserves the right to include other firms if it is in the best interest of the district.

12.METHOD OF AWARD - SBE: The district shall award pre-qualified status to certified SBE vendor(s) through the issuance of a notice of prequalification. For more information, please review the Policy on the Office of Business Diversity’s website. Please note it is the intention of DPS to use the pre-qualified General Contractor list for all projects going forward, but DPS reserves the right to include other firms if it is in the best interest of the district.

13.MWBE GOALS REQUIREMENTS: The District’s Office of Business Diversity works with a Goals Committee to determine if a project is eligible for a MWBE project goal. The goal represents the commitment of a vendor to utilize subcontractors that are certified MWBE vendors. For more information, please visit https://businessdiversity.dpsk12.org/.

14.OFFICE OF BUSINESS DIVERSITY PARTICIPATION: Denver Public Schools expects that prequalified general contractors partner with the District to promote the District’s goals to provide opportunities to diverse construction suppliers. To this end, it is expected that contractors will attend events organized by the District’s Office of Business Diversity (OBD) that are intended to connect general contractors with local SBE and MWBE businesses. These events include, but are not limited to, the annual Reverse Vendor Trade Fair and quarterly Coffee Chats. Please contact the Office of Business Diversity for more details: businessdiversity@dpsk12.org.

15.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 Supplier shall not avail itself of such manifestly unintentional error or omission, but must have the same explained or adjusted by the District's Project Manager before proceeding with the work in question.

16. INDEMNIFICATION: The successful Supplier 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 Supplier’s contractual obligations as outlined in this Solicitation. The Supplier 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.

17.EQUAL OPPORTUNITY: Denver Public Schools intends and expects that the contracting processes of the District and its Suppliers provide equal opportunity without regard to gender, race, ethnicity, religion, age or disability and that its Suppliers make available equal opportunities to the extent third parties are engaged to provide goods and services to the District as subcontractors, Suppliers, or otherwise. Accordingly, the Supplier shall not discriminate on any of the foregoing grounds in

Request for Proposal: BD2730 Page 12 of 27 Updated 06/30/2022 – Purchasing 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 Supplier 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 Supplier shall maintain records demonstrating its compliance with this article and shall make such records available to the District upon the District’s request.

18.AMERICANS WITH DISABILITIES ACT: Supplier(s) shall use commercially reasonable efforts to ensure that, to the extent directly affecting the intended daily use by end users of the system and services provided to Subscriber under this Agreement, such system and services will, at a minimum, conform with all laws, regulations and guidance that apply to accessibility pursuant to the Americans with Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act of 1973, and Web Content Accessibility Guidelines (WCAG) 2.0 Level AA guidelines, provided, however, that Supplier(s) will have no obligations with respect to such compliance to the extent relating to any portion of the system and services provided or developed by Subscriber including Subscriber content.

19.ACCESSIBILITY: Supplier 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. Suppliers 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. Supplier 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 Supplier’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.

20.WORK PRODUCT: Intellectual Property. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials (collectively “materials”) delivered by Supplier in performance of its obligations under this contract shall be the exclusive property of Denver 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. Supplier shall comply with all applicable Cyber Security Policies of the State of Colorado (the “State”), or Denver Public Schools, as applicable, and all confidentiality and non-disclosure agreements, security controls, and reporting requirements.

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SECTION IV: SCOPE OF WORK/EVALUATION CRITERIA

1. OVERVIEW

a. The District is the largest school district in Colorado. It employs approximately 10,000 employees, and serves over 88,000 students. The District is unique in that the city, county and school district, as established by the state constitution, have the same geographical boundaries. The school district covers approximately 200 square miles. Established as a school district in 1902, Denver is one of the finest urban school districts in the nation. The District operates approximately – (4) ECE-K, (95) elementary schools, (17) ECE-8, (3) ECE-12, (32) middle schools, (13) 6-12, (43) high schools, (1) adult education center, and participates in the Rocky Mountain School of Expeditionary Learning. The District is housed in approximately 250 buildings, within the Denver Metro Area.

School communities have been given authority to make decisions on many issues affecting their local schools. Each school has a collaborative decision-making team consisting of parents, teachers, students (in the high schools), and business representatives who are elected yearly by their peers, and the school principal.

The Denver Public Schools are governed by a seven-member Board of Education. Members are publicly elected to four-year staggered terms. Five members of the School Board represent a geographic district of the city and two are at-large. Board members are responsible for setting policies for the overall operation of the District, as well as evaluating and hiring a superintendent to oversee the District’s daily operations.

The Superintendent is responsible to the Board of Education for carrying out District policy, administering the operation of the District and schools, supervising all District personnel and advising the Board of Education on all educational matters for the welfare and interest of the students.

2. PROPOSAL PREPARATION, SUBMISSION REQUIREMENTS AND EVALUATION CRITERIA

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

SECTION TITLE DESCRIPTION/REQUIREMENTS POINTS

POSSIBLE

SECTION A Required Forms ● Completed and signed Supplier Acknowledgement

● Completed and signed Code of Conduct

● Completed Vendor Requirements Checklist - Exhibit A

Responsive/Non- Responsive

3. EVALUATION AND AWARD PROCESS

a. Vendor forms and items (listed above) will be reviewed for completion and awarded prequalification status on a Pass/Fail basis.

PASS: All items are complete and submitted. All items on the Vendor Requirements Checklist (Exhibit A) are answered affirmatively and all relevant blanks are filled.

FAIL: Items are missing, not completed and/or not signed. Items on the Vendor Requirements Checklist (Exhibit A) are answered negatively and/or missing.Relevant blanks are not filled in.

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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, 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 activities, which may require disclosure under the policy. I have also listed names, addresses and the nature of the relationships of all persons or entities doing business with the District from whom I, or any member of my immediate family,…