ESCO RFP 3388-25 FINAL.pdf

Request for Proposal

ENERGY SERVICE COMPANY

3388-25

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) personnel related to this solicitation is permitted, except as authorized by the Purchasing Manager. Inquiries regarding this solicitation must be submitted via BidNet.

RETURN TO:

BidNet - 3388-25

Staci Crum Aurora Public Schools

RFP SCHEDULE OF ACTIVITIES (subject to change)

EVENT DATE

Issuance of RFP 7/11/2025

Questions Deadline via BidNET 7/18/2025

Answers Addendum Issued 7/22/2025

Proposal Deadline 8/8/2025 2 PM MT

Evaluation of Proposals 8/8/25-8/15/2025

Round 2 - Presentations If Needed (please save the date)

8/18-8/22/2025

Selection of Proposals - Intent to Award 8/22/2025

Board of Education Approval: (if needed)

9/16/2025

Contract Negotiation of Contract - Final Award TBD

15701 E. First Ave. Suite 106, Aurora, CO 80011 | 303-326-1988 |

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REQUEST FOR PROPOSAL 3388-25

TABLE OF CONTENTS

SECTION I: Vendor Acknowledgement Page 3

SECTION II: General Terms and Conditions Page 4

SECTION III: Special Terms and Conditions Page 8

SECTION IV: Scope of Work/Evaluation Criteria Page 10

SECTION V: Code of Conduct and Conflict of Interest Certification Page 14

SECTION VI: Accessibility Attestation Page 15

EXHIBIT A: Sample District Contract

EXHIBIT B: Sample Data Privacy Addendum

If any of the Documents listed above are missing from this package, please contact the Purchasing official, Staci Crum at scrum@aurorak12.org.

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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 unless specific variations have been expressly listed in their offer, (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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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 specified 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

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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 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 (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. Aurora 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. Vendors are responsible for checking BidNet to retrieve any addendum (a). Vendor shall certify its acknowledgment of the addendum (a) on the Vendor 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 ensure 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 Vendor

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.

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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.

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 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.

4) 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 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.

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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;

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 posted on BidNet, 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.

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SECTION III: SPECIAL TERMS AND CONDITIONS

1. PURPOSE: The purpose of this Solicitation is to solicit proposals from qualified vendors to to conduct an energy audit and assessment for APS’ facilities and upcoming capital projects in order to develop an Energy Savings Plan or an EPC Project Proposal which coincides with the approved 2024 Bond and Capital Mill Levy measures.

2. TERM OF CONTRACT: Initial Term of the contract will be September 16, 2025 (or upon execution) through May 30, 2026 with four additional options to renew for one year each.

3. CONTACT PERSON: For additional information regarding the Specifications and requirements of this Solicitation, please submit all questions on BidNet. If needed, contact Staci Crum at scrum@aurorak12.org. Unauthorized contact with a District 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, via BidNet. The Vendor submitting the question shall be responsible for ensuring that the question is received by the Procurement 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.

5. METHOD OF AWARD- BEST EVALUATIVE SCORE BASED ON WRITTEN RESPONSE AND/OR ORAL PRESENTATION (If needed): 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, the Committee may invite a limited number of Suppliers who received the highest scores during phase one to provide an oral presentation, if necessary. 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 award based on written responses only, 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.

6. 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 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.

7. 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

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

8. 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.

9. LOCAL OFFICE SHALL BE REQUIRED: Due to the service level required in conjunction with this Solicitation, the Supplier shall maintain an office within the Metro Denver, Colorado, area. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the contract.

Additionally, the project’s main point of contact must be local.

10. CONTRACT TERMS: A copy of the district’s proposed contract is being issued and attached to this RFP. Proposed vendors shall review the terms of the contract and note if the terms of the proposed contract are acceptable in their proposals.

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SECTION IV: SCOPE OF WORK/EVALUATION CRITERIA

1. OVERVIEW

Aurora Public Schools (APS) was established in 1885 and was created in its current configuration in 1962. APS is located in Aurora, Colorado, and covers nearly 117 square miles, which is about 60% developed with residential, industrial and commercial property. The population in the City of Aurora is approximately 393,000, with more than 240,000 residing within the boundaries of APS. Major institutions located within the district boundaries include Buckley Space Force Base and the Anschutz Medical Campus.

APS owns approximately 900 acres of property within the district and has developed 5.5 million square feet of building space.

APS is at various stages of acquiring new sites for approximately 22 K-8 schools and three high schools in the eastern portion of the district.

APS provides a full range of educational programs, as authorized by Colorado state statutes, with an enrollment of almost 39,000 students. The district operates five early childhood preschool centers, 20 elementary schools, 11 P-8/K-8 schools, 5 middle schools, 6 high schools, 1 combination grade 6-12 school, 1 combination grade P-12 school, 1 technical college, 1 on-line/hybrid school and 9 charter schools.

In addition to regular education, programs offered to APS students include special education, vocational education, pre-school, gifted and talented, English language acquisition, and the International Baccalaureate Programme.

2. SCOPE OF WORK

Adams-Arapahoe 28J School District (Aurora Public Schools) seeks qualified and innovative Energy Service Companies (ESCO) to conduct an energy audit and assessment for APS’ facilities and upcoming capital projects in order to develop an Energy Savings Plan or an EPC Project Proposal which coincides with the approved 2024 Bond and Capital Mill Levy measures. The District has executed a Memorandum of Understanding with the Colorado Energy Office (CEO)’s Energy Performance Contracting (EPC) Program and is soliciting proposals from pre-qualified ESCOs for this work. The District has opted out of the CEO’s technical support for a traditional EPC project at this stage in the project. If the District decides the State approved traditional EPC funding model is the best course of action for the District, the State will be reengaged prior to project implementation and would participate in the M&V post completion.

In 2020, the District committed to a 20% reduction in energy use per student. This commitment aligns with the State of Colorado's energy goals, particularly following the passage of House Bill 21-1286 in 2021, which established greenhouse gas emissions reduction targets. Additionally, in May 2023, Colorado passed House Bill 23-1161, which bans the purchase of fluorescent light bulbs starting January 1, 2025. Since the majority of the District currently uses fluorescent lighting, a transition to LED lights will be required, for example.

The District is currently managing a $1 billion bond and a $30 million annual capital mill levy override. The primary goal of these funds is to build new buildings, upgrade existing structures, provide a more comfortable environment for building occupants, and enhance learning opportunities for all students, with an emphasis on equitable access across schools. The 2024 Facility & Technology Needs report, which includes upcoming and in-process capital projects, can be found here.

The District aims to honor its bond promise made to voters, comply with state mandates, and invest in the District's infrastructure with a holistic, sustainable approach. This includes carefully considering the life cycle of capital assets, managing operating costs, and shielding the general fund from additional utility cost burdens. The awarded Energy Services Company will provide comprehensive energy consulting services to APS, aimed at identifying, designing and implementing guaranteed energy-saving measures across all District facilities, all while many capital improvement projects are underway.

The awarded ESCO shall evaluate buildings districtwide. The operational improvement measures that the ESCO will design, engineer, scope, and budget as part of this agreement include the following:

● HVAC, Electrical & Plumbing Systems

● Alternative Energy Technologies such as Solar and Battery Storage

● Controls Systems and Building Automation Systems

● System Integrations

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● Building Envelope

● Irrigation Systems

● On-Call Engineering Services

The ESCO will adopt a holistic approach to these measures, helping the District maximize its return on investment. Additionally, the ESCO will assist the District in identifying external funding opportunities by providing the following oversight:

● Maximizing rebate program opportunities through the District's SEM Utility Program

● Leveraging prescription rebates through Xcel

● Identifying and applying for relevant grants, including assisting with grant writing

● Reviewing utility contracts (e.g., natural gas transport) to secure the lowest possible rates

After the execution of the Energy Master Plan contract, the chosen ESCO will then provide a comprehensive IGA report and

Project Proposal to make recommendations for possible projects based on the results of the IGA. Upon completion of the IGA and Project Proposal, the District may elect to enter into an EPC or capital construction contract with the awarded ESCO for design, project management, construction, commissioning and measurement and verification services. It is the desire of the District to enter into a long-term non-standard partnership with the awarded ESCO, however, APS does not guarantee the award of an EPC, or resulting construction work, to the chosen ESCO. An EPC or similar award, may be determined following acceptance of any resulting project proposals.

Additionally, the ESCO will closely collaborate with the District’s Owners Representative, Jacobs Project Management Co., Operations teams, external architects, engineers and contractors, to ensure energy efficiency is integrated into current and planned capital improvement projects as part of the 2024 bond. The chosen ESCO will need to provide immediate feedback and identification of projects in the bond that are currently under design that might impact a future EPC. The district is interested in exploring how an ESCO can positively impact bond projects currently underway including district-wide lighting upgrades.

The district is currently underway in completing an ESCO contract for projects at Aurora Quest, Crossroads, CSU Global, Mosley, Pickens, District IT Center, Transportation Facility Office and William Smith High School. Though data from these projects will be shared with the selected team to get a whole district understanding, no work is anticipated in this contract at these sites.

Minimum Qualifications

● Pre-Qualified: Must be a pre-qualified ESCO on the Colorado Energy Office Energy Performance Contracting Program.

● Experience: Minimum of ten (10) years of K-12 specific experience with similar scope.

● Scheduling: Demonstrated ability to coordinate and maintain schedules on multiple concurrent and overlapping school facility projects. Experience working within school bond programs is a plus.

● Proven Track Record: The firm selected shall have no history of litigation or have pled guilty to arbitration. The firm must provide project references in the RFP response, so the District can do due diligence to confirm the selected firm has a proven track record.

● Vendor Agnostic: The District must adhere to procurement guidelines that prevent vendor or product bias. Proprietary materials or equipment must be compatible with other brands or systems to avoid locking the District into a single vendor’s product line. Specifications should be open-ended to encourage competitive bidding, fostering cost efficiency, ease of maintenance, and innovation.

● NAESCO accredited Energy Service Provider.

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 14, the Accessibility Attestation, page 15 and Vendors shall provide a copy of their Certificate of Insurance.

SECTION B Approach and Methodology

Include a management summary, which provides an overview of proposed services and the full project approach to accomplish the goals of APS. Vendors should

Request for Proposal: 3388-25 Page 11 of 15 Updated 03/12/2025 emphasize and detail why their proposal is best suited to meet the needs of the District. Include methodology for how the ESCO would interface with the bond, including projects that are early in design with design teams and contractors selected. Include a description of how the IGA might identify future projects for future bonds (following the 2024 bond) with long-term strategy for the District.

SECTION C Pricing Contractor’s should submit pricing and related guarantees for the general scope of work identified in this RFP, including the initial assessment/audit costs. Contractors may also submit voluntary alternates for additional or different scopes of work and guarantees, which the District may consider in its sole discretion.

SECTION D Project Schedule and Implementation Plan

Provide a detailed implementation plan and project schedule to deliver the scope of services and deliverables to meet the Districts deadline of May of 2026 for the deliverable of the IGA report. Include how existing bond projects will be included in early identification to expedite bond projects in progress. If you will be subcontracting out any portion of the work or partnering with other companies, show that in the plan as well as methodology for managing and selecting subcontractors.

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, number and nature of the professional staff to be assigned to the District) C. Provide resumes, staff experience, training and relevant certifications for key personnel listed, and for the assigned project team.

D. An outline of the Vendor’s background and overall qualifications, including listing of past projects. K-12 projects that demonstrate coordination with bond or mill levy projects preferred.

E. Provide a minimum of three K-12 client references, from the past five years, for which you have provided a similar scope/service as requested in this solicitation;

including complete email address, addresses, telephone numbers and contact person. Provide any past performance with Aurora Public Schools on similar projects.

F. 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.

G. 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 for CORA requests

Format Requirements All sections are to be alphabetized in alignment with above and pages numbered All proposal documents, with the exception of the redacted copy, are to be combined into a single file

Request for Proposal: 3388-25 Page 12 of 15 Updated 03/12/2025

4. EVALUATION CRITERIA / METHOD OF AWARD

The evaluation team will evaluate and score proposals based upon the established criteria below:

Category Points

Approach, Methodology and Submission

● Understanding of the needs of the District

● Approach and methodology

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

Past Performance and References:

● Past performance for similar requirements and systems

● Project Personnel

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

Schedule and Project Implementation/Qualifications:

● Implementation of District’s timelines and schedule and innovative approaches to expedite schedule

● Project plan

● Qualifications of Proposer: Capable, experienced and financially responsible to complete project

Pricing/Value Added Components:

● Pricing

● Value Adds

● Discounts/Incentives

Total 100

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.

Please Note: The overall score from Round One is only used to determine the Round 2 participants.

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: 3388-25 Page 13 of 15 Updated 03/12/2025

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 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, have received, may receive in the future, directly or indirectly, cash or a gift of more than nominal value ($25.00). Finally, to ensure there is no perceived conflict of interest, I have listed the name of all individuals employed by the District that are related to me or anyone in my business regardless of his or her position.

Printed Name Signature Date

1 BCB Board MemberConflict of Interest; DJB Purchasing Policy; DJA Purchasing Procedures; DJG Vendor Relations; DIF Information Regarding Anti-Fraud Compliance and False Claims;

GBEA Staff Ethics/Conflict of Interest Policy; and GBEBC Gifts To and Solicitations by Staff Policy.2 Close relationships means all persons, whether family or not, you may have a personal or business relation with performing work for, or on behalf of the District. 3 Immediate family means… spouse, partner in a civil union, children, related by blood or adoption,, siblings, parents, and in-laws (mother, father, brother, sister, daughter and son). See, Board Policy GBEA.

Request for Proposal: 3388-25 Page 14 of 15 Updated 03/12/2025

SECTION VI: ACCESSIBILITY ATTESTATION

This Request for Proposal 3388-25 may include information technology systems (information technology and communications, including, by way of example and not limitation, all electronic information processing hardware and software (such as web pages, applications, software user interfaces, videos, or digital content of any kind) (individually and collectively, “ICT”)) that are required by

Colorado law to be “accessible.” See §§ 24-85-101, et seq., C.R.S.. By certifying below, Vendor acknowledges the District is relying upon Vendor to ensure compliance with Sections 24-85-101, et seq., C.R.S., its implementing regulations adopted by the Governor’s

Office of Information Technology, State of Colorado, and compliance with Levels A and AA of the most current version of the Web

Content Accessibility Guidelines (WCAG).

● By checking this box, I hereby certify that the ICT being provided as a part of the Proposal under RFP 3388-25 is

“accessible” under Colorado law, and otherwise meets all applicable Level A and Level AA Web Content Accessibility

Guideline criteria.

● By checking this box, I am confirming that this proposal includes ICT that are not fully “accessible” under Colorado law.

● By checking this box, I hereby certify that the proposed solution does not entail the District receiving any ICT, and therefore, digital accessibility regulations likely do not apply. **

In the event the Contractor cannot attest to accessibility compliance for any proposed ICT, the District reserves the right to consider the Vendor’s proposal as non-responsive.

References.

Contractor is encouraged to review the latest version of the WCAG Accessibility Guidelines (Web Content Accessibility Guidelines

(WCAG) 2.2 (w3.org)) as well as the Quick Reference Guide (How to Meet WCAG (Quickref Reference) (w3.org)).

Copies of the latest version of Sections 24-85-101, et seq., C.R.S., is publicly available at leg.colorado.gov/laws.

Request for Proposal: 3388-25 Page 15 of 15 Updated 03/12/2025 https://www.w3.org/TR/WCAG22/ https://www.w3.org/TR/WCAG22/ https://www.w3.org/WAI/WCAG22/quickref/ https://leg.colorado.gov/laws