IFB 23-03 Warehouse building addition.pdf

DEMING PUBLIC SCHOOLS

INVITATION FOR BIDS

No. IFB-23-03

Warehouse Building Addition

Commodity Codes: 15010

Contracting Agency: Deming Public Schools

Address: 1001 S. Diamond Ave.

Deming, NM 88030

Telephone: 575-546-8841 Ext. 2007

Fax: 575-546-8517

Issue Date: September 6, 2022

Deadline for Submission: September 30, 2022 at 3:00 pm MST

Chief Procurement Officer: Amanda Stockman

E-mail: Procurement@demingps.org

DEMING PUBLIC SCHOOLS, NEW MEXICO

BID PACKAGE

IFB-23-03

WAREHOUSE BUILDING ADDITION

On behalf of the Board of Deming Public Schools, and pursuant to and in compliance with the NM State

Procurement Code, Deming Public Schools hereby invites competitive sealed bids for Warehouse building addition. Sealed bids will be accepted until the date specified. Opening will take place at Deming Public

Schools Administration Office, located at 1001 S. Diamond Ave., Deming, NM, in the Conference Room. The

Board of Deming Public Schools reserves the right to reject any and all bids, to accept the bid which in its judgment is most suitable and in the School’s best interest, to be the sole interpreter of the intent of any clauses of the specifications and the sole judge as to whether an offer complies with specifications.

IMPORTANT:

BIDS ARE DUE BY: SEPTEMBER 30, 2022 AT 3:00 PM MST

The words "SEALED BID" along with the BIDDER’S NAME AND ADDRESS AS WELL AS

THE BID NUMBER AND TITLE MUST appear clearly on the outside sealed envelope or package of all bids.

WE LOOK FORWARD TO YOUR BID SUBMISSION.

IF THERE IS ANY PROBLEM REGARDING THE FOLLOWING BID SPECIFICATIONS OR CONDITIONS

THAT WOULD PREVENT YOU FROM SUBMITTING A BID, CONTACT PROCUREMENT IMMEDIATELY

FOR CLARIFICATION OR CONSIDERATION OF AN ADDENDUM.

Bids may be mailed to: Deming Public Schools

Purchasing Department

1001 S. Diamond Ave.

Or

Electronic submission : Bidnet Direct https://www.bidnetdirect.com/new-mexico/demingpublicschools https://www.bidnetdirect.com/new-mexico/demingpublicschools

BID CONDITIONS FOR

IFB-23-03 – WAREHOUSE BUILDING ADDITION

GENERAL CONDITIONS

1. Bid Forms: Bids shall be submitted only on the bid forms provided by Deming Public Schools (hereinafter also referred to as “the Schools”. The bidder shall submit one copy signed and sealed.

2. Bids Binding 30 days: Unless otherwise specified all formal bids submitted shall be binding for thirty (30) calendar days following bid opening date, unless the bidder(s), upon request of the Purchasing Director, agrees to an extension.

3. Payment Terms: For all purchases made by Purchase Order, payment shall be made net 30 days from invoice date after receipt of goods/services unless otherwise specified on bid form or as otherwise agreed by both parties. All invoices shall be submitted directly to the Deming Public Schools Finance Department at 1001 S. Diamond Ave., Deming NM 88030. Must have a valid W-9 form on file prior to any payments being issued.

4. Taxes: Price as shown on the bid proposal form shall be exclusive of gross receipts tax; however, the applicable gross receipts tax shall be shown as a separate amount on each billing made under the contract.

Deming Public Schools is exempt from gross receipts tax for the purchase of tangible personal property only. A properly issued Type 9 Nontaxable Transaction Certificate may be obtained from the Schools which will substantiate a deduction from the gross receipts tax.

5. Equivalency: The Schools hereby reserves the right to approve as equivalent, or to reject as not being equivalent, any item the bidder proposes to furnish which contains variations from specification requirements but may comply substantially therewith. Such decisions are strictly at the discretion of the

Schools.

6. If there is any clarification, problem, ambiguity, or question regarding this bid, you must contact the

Purchasing Director or designee prior to the bid opening. Clarifications and addenda will be considered prior to the bid opening. Answers provided regarding the bid specifications or bid package MUST be answered by the Purchasing Director or designee in an email to Procurement@demingps.org Questions answered by any other person or Deming Public Schools official shall be considered completely non-applicable to the legal provisions of this bid, except as specifically authorized by the Purchasing

Director. Questions will be accepted until September 15, 2022. Answers will be submitted and released on September 20, 2022.

7. Restrictive Specifications: It is the responsibility of the prospective bidder to review the entire Invitation for bids (IFB) packet and to notify the purchasing department if the specifications are formulated in a manner which would unnecessarily restrict competition. Any such protest or question regarding the specifications or bidding procedures must be received in the purchasing department not less than seventy-two hours prior to the time set for bid opening.

IFB-23-02 – Warehouse Building Addition

GENERAL CONDITIONS CONTINUED:

8. An 8% in-state resident or native American resident preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. A 10% resident veteran or native American resident veteran preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. To qualify for the preference, the bidder must list a valid resident business certificate number and shall submit a copy of the certificate with the bid. If you have a question regarding a Resident Business (or Resident Veteran Business or Native American resident/veteran) Certification, or wish to be given a number, you may contact the New Mexico State

Department of Taxation and Revenue at 505-827-0951. This number is valuable to have as it allows the

Schools to consider your bid at five to ten percent less than the amount submitted, and could mean a difference in award. Please note that this number is NOT your State CRS Number (i.e. 01-503047-004).

9. Bid Forms: All pages included in this Invitation for bids that are marked "BID FORM" must be completed and returned as part of the bid document. All bids must be completed and securely sealed prior to submitting to the purchasing office. No un-sealed, faxed or e-mailed bids are acceptable.

10. Bidders shall list on a separate sheet of paper any variations/substitutions from or exceptions to the conditions and specifications of this bid. This sheet shall be labeled "Exception(s) to Bid Conditions" and shall be included with bid.

11. Brand Names & Model Numbers: Any brand names and model number used herein are stated as a matter of convenience to indicate the level of quality for materials and workmanship; type of item needed;

features needed; and, expected capabilities. As required by Law, demonstrably equal products will be given full consideration and the bidder is invited to offer such, except where it is clearly stated that such brand names and/or models are specified for the purpose of standardization. Where items vary from these specifications or where items offered are other than the brand name and/or model number stated herein, the Bidder must clearly note all variances on a separate paper titled “Exceptions to Specifications” and must include this in their bid package along with any technical literature or documentation clearly showing supporting evidence of equality or superiority to that which was specified herein. Equivalency will be determined by the Schools based on information provided and submitted with the bid.

12. Non-collusion: Vendors, by submitting a signed bid or proposal, certify that the accompanying bid or proposal is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under New Mexico or United States law.

13. Non-discrimination: Vendors, during the performance of this contract, will not discriminate against any employee or applicant for employment because of race, color, religion, creed, political ideas, sex, national origin, age, marital status or physical or mental disability except where such is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. By signing and submitting a bid, vendor agrees to comply with this paragraph.

14. Qualifications of Bidders: The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

15. This bid is available for use by all Deming Public Schools departments, and any other State, Schools or local government agency, as provided for by law, at the discretion of the contracted vendor(s).

16. The State of New Mexico's Procurement Code, Section 13-1-28 through Section 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violations. In addition, the New Mexico Criminal Statutes imposes felony penalties for illegal bribes, gratuities and kickbacks.

17. Deming Public Schools reserves the right to reject any bid from a bidder who previously failed to perform properly, or complete on time, contracts of similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. Such is at the discretion of the Schools.

18. The successful bidder agrees to protect, defend and save the Schools, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of the contractor’s employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the contractor and/or its agents, employees, representatives, assigns, subcontractors, except the sole negligence of the Schools, under this agreement.

19. If a bidder/Contractor to whom a bid is awarded refuses to accept the award or, fails to deliver in accordance with the contract terms and conditions, Deming Public Schools may, in its discretion, suspend the bidder/contractor for a period of time from entering into any contracts with Deming Public Schools.

20. This solicitation is governed by the laws of the State of New Mexico. By signing and submitting a bid, the parties agree that any litigation concerning this bid, limited solicitation, or subsequent contract or purchase order, must be brought in the Sixth Judicial District in and for Deming Public Schools, State of New

Mexico, and each party shall pay its own costs and attorney fees.

21. The contractor warrants that items offered will conform to the specifications requested, to be fit and sufficient for the purpose manufactured, of good material and workmanship and free from defect. Items offered must be new and unused and of the latest model or manufacture, unless otherwise specified herein by the Schools.

22. All prices and payments must be in U.S. dollars. Deming Public Schools is exempt from tax on most tangible items.

23. Supplies shall be shipped prepaid, F.O.B. Destination, unless otherwise specified herein.

24. Successful bidder must, in performance of work on this project, agree to fully comply with all applicable federal, state and local laws, rules and regulations.

25. It is the responsibility of the bidder to ensure that any addenda issued related to this Invitation for bids have been received prior to submitting a bid. The Schools guarantees that any addenda issued will be distributed and available to every party on the Distribution List for this solicitation. The Schools will not accept responsibility for addenda not being obtained, and will not guarantee that addenda will be forwarded or available if the original packet was not obtained as directed.

26. Performance: The bidder, if awarded a contract as a result of this bid, guarantees that the materials supplied are capable of the performance required in the specifications of this bid, and agrees to make such changes, adjustments, or replacements as are immediately necessary in order for the materials to meet the purchasing requirements at no cost to the Schools. If defects or specification failures are discovered, the Schools shall have the right, notwithstanding acceptance and payment, to require the unit/item to be properly furnished in accordance with the specifications and drawings at the cost and expense of the bidder or the bidder’s surety.

27. Inspection of materials: The Schools reserves the right to inspect materials provided by the bidder through a contract resulting from this bid to determine their quality, fitness and suitability.

28. Manufacturer’s Information: Any bid made in response to this invitation must include the manufacture’s make and model number (as applicable and if practical) of each item and literature clearly describing the item. Failure to provide this information may result in rejection of the bid.

29. Public Inspection: Each bid shall be open to public inspection, except to the extent the bidder designates trade secrets or other proprietary data to be confidential if applicable. Material so designated shall accompany the bid and each page shall be clearly marked and readily separable from the bid in order to facilitate public inspection of the non-confidential portion of the bid. Designating the entire bid as confidential is not acceptable. Prices and makes and models or catalog numbers of the items offered, deliveries and terms of payment shall be publicly available at the time of the opening of the bid regardless of any designation to the contrary. The Schools shall endeavor to restrict distribution of the material designated as confidential to only those individuals involved in the review and analysis of the bids. Bidders are cautioned that materials designated confidential may nevertheless be subject to disclosure to any New Mexico citizen under the Inspection of Public Records Act (Sections 14-2-1 through 14-2-3 N.M.S.A. 1978)

30. Material Safety Data Sheets: To comply with the Occupational Health and Safety Regulation 1910.1200 for general standards on handling hazardous materials, material safety data sheets may be required for all or part of the products included on this bid. It is the responsibility of the bidder to make this determination and, if required, a copy of the MSDS must accompany the product when delivered to the end user. Failure to comply with this requirement may cause the delivery of products to be rejected and all costs related to such action to be borne by the bidder.

31. All purchases are governed by the statues of the State of New Mexico and the regulations of Deming

Public Schools.

GENERAL INFORMATION

Deming Public Schools facilities department is soliciting bids to supply the district with materials only for a 60’ x 105’ building with 16’ peak and 14’ eves. Including a 25’ x 30’ addition with a shed roof coming off the main building on the left hand side (See Drawing*). Sidewalls are light stone or equivalent, and trim is light stone or equivalent. The following are other specifications we need.

1. Only the front 105’, the roof and the back 105’ will be sheathed. Roof with ridge roll and not peak sheets.

2. Looking at the doors as the front, we will need columns and girts on the left end wall to support sheathing

(Already purchased) the right end wall will but up to an existing building.

3. We will need one extra 3’ entry door for the 25 x 30 building and an extra 3’ door for the existing building

(White).

4. We need 5 bays in the building at least 20’ wide.

5. The right 4 bays will need a 12’ x 12’ garage door opening (we will provide the door) and the right 3 bays will need a 3’ walk in door (White) (please provide).

6. We are requesting extra girts on all walls to support the walk-in door openings and to support the liner. We would like the girts at 3’2” high.

7. We are requesting insulation for the ceiling only.

8. We are requesting R-panel that can be used as an interior liner across the building interior. Color can be cheapest

8’ r panel (120 Sheets).

9. We need 3 – 12’ C purlins to be used as the Jams and header for an existing building garage door.

10. Please include ridge venting to go under the ridge roll and include the widest ridge roll you stock.

11. Please include 2 additional sidewall sheets and 2 additional roof sheets so this building can be tied to the existing building with overlapping sheets.

12. Please also include the following in Crimson Red or Equivalent

a. 36 – 20’ R panel

b. 5 – 10’ Rake Trim

c. 12 – 10’ eave trim

d. 6- 10’ Ridge cap

e. 4 bags of 1 ½” wood screws

f. 3 Bags of laptek screws

g. 1 – Retrofit pipe flashing

h. 1- 4 ½” Pipe flashing

i. 1 – 2 ½” Pipe Flashing

*Drawings attached at end of IFB

SPECIFIC CONDITIONS

1. Bids must be received by _September 30, 2022 at 3:00 PM__ Mountain Time. No late bid will be considered unless received before specified deadline, and the bid would have been timely but for the action or inaction of Schools personnel directly serving the procurement activity.

2. The Board of Deming Public Schools reserves the right to reject any or all bids, to waive any technicalities and to accept the bid(s) which in its judgment is most advantageous to the Schools.

3. The Schools reserve the right to order any quantities necessary as needed. Any minimum order requirements should be indicated as part of the bid response and will be subject to evaluation. Further, the

Schools reserve the right to place orders anytime, for any amount, during the contract period based upon any minimum quantities and time restrictions set forth by the successful bidder (hereinafter also referred to as the “vendor”) and attached to their bid response.

4. The Schools may terminate this contract, in whole or in part, at any time and for any reason by giving thirty

(30) calendar days’ written termination notice to the Vendor. Termination charges shall not apply unless both parties subsequently agree upon them in writing. The Vendor may terminate this contract in whole or in part, at the discretion and with written acceptance of the Schools with a minimum of 60 days’ written notice to the Schools.

5. When necessary, deliveries shall be made as specified at the time of delivery. Delivery costs shall be stated separately on the bid.

6. Orders may be placed by various using departments. All bidders must agree to honor warranties as required in this invitation to bid, or as stated in products standard manufacturer’s or extended warranties. Bidder may be asked to furnish a current price sheet on each item listed on the bid at any time.

7. Guaranteed Performance: The bidder, if awarded a contract as a result of this bid, guarantees that the materials supplies are capable of the performance required in the specifications in this bid, and agrees to make such changes, adjustments or replacements as are immediately necessary in order for the materials to meet the purchasing requirements at no cost to the Schools. If defects or specification failures are discovered, the purchasing officer shall have the right, notwithstanding acceptance and payment to require the unit/item to be properly furnished in accordance with the specifications at the expense of the vendor.

8. Commodity Codes: The commodity codes specified and relating to this Invitation for Bids are listed by class instead of individual codes due to the fact that departments will be purchasing various items as needed throughout the term of the contract. We have done our best to anticipate that the items purchased will likely fall under one or more of the commodity classes listed. The exact type and quantity of items to be purchased in each commodity class is unknown and cannot be reasonably specified.

B I D F O R M

IFB-23-02

TO: Deming Public Schools Purchasing Director DATE:____________________

1001 S. Diamond Ave.

The Bidder accepts all of the terms and conditions of the Invitation for bids and Instructions to Bidders, including without limitation those dealing with the disposition of bid security and other Bidding Documents.

This Bid will remain subject to acceptance for 30 days after the day of the Bid opening.

In submitting this Bid, the Bidder represents, as more fully set forth in Agreement, that:

1. The Bidder has examined all bidding documents acknowledges any applicable addenda as follows:

_____ Addendum #1 _____ Addendum #2 _____ Addendum #3 _____ Addendum #4

2. The Bidder has familiarized himself with the nature and extent of the bidding documents, work, site, locality and all applicable conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the work or products.

3. Bidder has given the Deming Public Schools Purchasing Director written notice of any conflicts, errors, or discrepancies that he has discovered in the bidding documents, and the written resolution thereof by the Purchasing Director is acceptable to the Bidder.

4. The bid is genuine and not made in the interest of, or behalf of, any undisclosed person, firm or corporation; the Bidder has not directly or indirectly induced or solicited any Bidder to submit false information; the Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; the Bidder has not sought by collusion to obtain for himself any advantage over any other

Bidder or over the Schools.

5. Bidder understands that acceptance and formal award of this bid, along with the placement of order(s) related to this bid, constitutes a complete and binding contract for items and services as specified.

Signature______________________________________________

IFB-22-03

Total w/tax ________________________________________

**On a separate page list detailed itemized pricing and/or substitutions**

Bidder has taken exception(s) to any specifications or conditions? ____ Yes ____ No

(If yes, please refer to paragraph 10 under general conditions)

8% Preference: NM Resident Business Certificate or Resident Veteran Business Certificate #:

(Provide a copy of the certificate with bid)

Copy of preference certificate is included with this bid? _______ Yes

Comments: ________________________________________________________________________________

IFB-23-02

VENDOR CERTIFICATION & INFORMATION

Signature

Printed Name & Title

Name of Primary Contact for Bid (if different than above)

Business Name (if applicable)

Mailing Address

City, State, Zip

Phone Number Fax Number

E-mail address (Primary contact for bid)

Website address (if applicable)

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to Chapter 81, Laws of 2006, any prospective contractor seeking to enter into a contract with any state agency or local public body must file this form with that state agency or local public body. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or local public body during the two (2) years prior to the date on which the contractor submits a pr9posal or, in the case of a sole source or small purchase contract, the two (2) years prior to the date the contractor signs the contract, if the aggregate total contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250.00) over the two (2) year period.

ANY PROSPECTIVE CONTRACTOR MUST FILE THIS FORM WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR

REPRESTNTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.

“Campaign contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or un-reimbursed travel or other personal expensed of an individuals who volunteer a portion or all of their time n behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

“Contract” means any Agreement for the procurement of items of tangible personal property, services, professional services or construction.

“Family member” means spouse, father, mother , child, father-in-law, mother-in-law, daughter-in-law or son-in-law.

“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract to the cancellation of the request for proposals.

“Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity.

“Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the Procurement code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract.

“Representative of a prospective contractor” means an officer of director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

DISCLOSURE OF CONTRIBUTIONS:

Contribution made by: Relation to Prospective Contractor:

Name of Applicable Public Official: Date contribution(s) Made:

Amount(s) of Contributions:

Nature of Contributions(s): Purpose of Contributions(s):

Signature, Title, Date

--OR--

NO CONTRIBUTION(S) IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250.00) WERE MADE to an applicable public official by me, a family member or representative.

Signature, Title, Date

CONFLICT OF INTEREST DISCLOSURE STATEMENT

1. Are you or is any member of your immediate family* an employee of Deming Public

Schools or elected or appointed to a committee, board, subcommittee, or council under the direction of Deming Public Schools?

____Yes ____ No

If Yes, please list the name(s) of the employee or member:

2. Do you have any other business or personal relationships, not covered in your answer to

Questions 1 above that could appear to be a conflict of interest?

____Yes ____ No

If Yes, please provide details:

Signature: Date:

Printed Name:

Address:

Phone/Contact Number: