Fireworks_Bid_06-19.3.4.19_00000005.docx

INVITATION TO QUOTE

RETURN TO:

DeBary, Florida 32713

SEALED QUOTATION MUST PHYSICALLY BE IN THE FINANCE DEPARTMENT OFFICE NO LATER THAN 2:00 PM ON Thursday, March 14, 2019, LOCATED AT 16 COLOMBA ROAD DEBARY, FLORIDA 32713.

DESCRIPTION

CITY OF DEBARY’S “4th of JULY”

FIREWORKS DISPLAY

See attached General Conditions, Special Conditions, Specifications and Quotation Form for detailed description.

It is the intent and purpose of the City of DeBary that this Request for Quotation promotes competitive bidding. It shall be the vendor's responsibility to advise the Finance Department if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this Request for Quotation to a single source. Such notification must be submitted in writing and must be received by the Finance Department not later than five (5) days prior to the opening date.

GENERAL CONDITIONS

Delivery Requirements: Any Request for Quotation (RFQ) received after stated time and date will not be considered. It shall be the sole responsibility of the vendor to have their sealed RFQ delivered to: City of DeBary, Finance Department, 16 Colomba Rd., DeBary, Florida 32713.

Clarification and Addenda: Each vendor shall examine all documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the RFQ shall be made through the City of DeBary Finance Department. The City shall not be responsible for oral interpretations given by any City employee, representative or others. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are issued to this RFQ, the City will attempt to notify all prospective vendors who have secured it.

Verbal Statements: It is understood and agreed that the written terms and provisions of this agreement shall supersede all verbal statements of representatives of the City, and verbal statements shall not be effective or be construed as being a part of this purchase.

Errors in RFQ: Vendors are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting the quotation. Failure to do so will be at the vendor's own risk, and he cannot secure relief on a plea of error. Neither law nor regulations make allowance for errors, either of omission or commission on the part of the vendor. In case of errors in extension of prices in the quotation, the unit price shall govern.

Irrevocable Offer: Any RFQ may be withdrawn, altered, and resubmitted at any time before the date and time set for opening of the RFQ. Any RFQ not so withdrawn shall upon opening, constitute an irrevocable offer for the period stated in RFQ. Prices shall be firm and shall not be subject to escalation provided the RFQ is accepted within 90 days after the date set for opening.

Reserved Rights: The City reserves the right to accept or reject any and/or all RFQ, to waive irregularities and technicalities, and to request submission. Also, the City reserves the right to accept all or any part of the RFQ and to increase or decrease quantities to meet additional or reduced requirements of the City. For each item or for all items combined, the RFQ of the lowest responsive, responsible vendor will be accepted, unless all RFQ’s are rejected. The lowest responsible vendor shall mean that vendor who makes the lowest RFQ to sell goods and/or services of a quality which conforms closest to the quality of goods and/or services set forth in the attached specifications or otherwise required by the City and who is known to be fit and capable to perform the RFQ as made. To be responsive, a vendor shall submit a quote that conforms in all material respects to the requirements set forth in the RFQ. To be a responsible vendor, the vendor shall have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Also, the City reserves the right to make such investigation as it deems necessary to make this determination. Such information may include but shall not be limited to: current financial statement; verification of availability of equipment and personnel; and past performance records.

Collusion: By offering a submission to this RFQ, the vendor certifies the vendor has not divulged, discussed, or compared his RFQ with other vendors and has not colluded with any other vendor or parties to this RFQ whatsoever. Also, the vendor certifies, and in the case of a joint RFQ each party thereto certifies as to his own organization, that in connection with this RFQ:

a. Any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices and or cost data, with any other vendor or with any competitor.

b. Any prices and/or cost data quoted for this RFQ have not knowingly been disclosed by the vendor and will not knowingly be disclosed by the vendor prior to the scheduled opening directly or indirectly to any other vendor or to any competitor.

c. No attempt has been made or will be made by the vendor to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

d. The only person or persons interested in this RFQ, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this RFQ or in the contract to be entered into and;

e. No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee accepting bona fide employees or established commercial agencies maintained by the Purchaser for the purpose of doing business.

Indemnity: Vendor agrees to indemnify, defend and hold the City, its officers, employees and agents, harmless from any and all costs, losses, expenses, damages, claims suits, or any liability whatsoever, including attorney's fees resulting from injury, including death, to person or damage to property arising out of or in any manner connected with the performance of the RFQ, whether arising out of, caused by or contributed to in whole or in part by the acts or omissions of the vendor, or its subcontractors or their respective employees. Vendor agrees to maintain, and require its subcontractors to maintain (1) public liability and property damage insurance in amounts satisfactory to the City to cover obligations set forth, and (2) Workmen's Compensation insurance covering all employees engaged in the performance of this RFQ.

Variances, Alternates: RFQ must be submitted on attached City forms, although additional information may be attached. Vendors must indicate any variances from the City requested specifications, terms and conditions; otherwise vendors must fully comply with the City requested specifications, terms and conditions. Alternate RFQs may or may not be considered at the sole discretion of the City.

Billing and Payment: Payment will be made only after delivery and acceptance of the product. Request for partial payments after receipt and acceptance of portions of product may be acceptable once approved by the City. All requests for payment must be forwarded to the City. No funds will be disbursed until the project is complete.

Descriptive Information: Unless otherwise specifically provided in the specifications, all equipment, materials, and articles incorporated in the product/work covered by the Purchase Order are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in the specifications, reference to any equipment, material, or article or patented process, by trade name, make, or catalog number shall not be construed as limited competition. If the bidder wished to make a substitution to the specifications, the vendor shall furnish to the City the name of the manufacturer, the model number, and other identifying data and information necessary to aid the City in evaluating the substitution, and such substitution shall be subject to the City approval. Substitutions shall be approved only if determined by the City to be equivalent to the specifications. A RFQ containing a substitution is subject to disqualification if the City does not approve the substitution. Specified items RFQ shall be identified by brand name, number, manufacturer, and model, and shall include full description information, brochures, or appropriate attachments.

Quality Guaranty: If any product delivered does not meet applicable specifications or if the product will not produce the effect that the supplier represents to the City, the supplier shall pick up the product from the City at no expense to the City. Also, the supplier shall refund to the City any money that has been paid for it. The supplier will be responsible for attorney fees in the event the supplier defaults and court action is required.

Quality Terms: The City reserves the right to reject any or all materials if in its judgment, the item reflects unsatisfactory workmanship or manufacturing or shipping damages.

Cancellation: It is the intention of the City to purchase material from sources of supply that will give prompt and convenient shipment service. Any failure of the supplier to satisfy the requirements of the City shall be reason for termination of the award. Any RFQ may be rejected in whole or in part for good cause when in the best interest of the City.

Authorized Product Representation: The successful vendor(s) by virtue of submitting the name and specifications of a manufacturer's product will be required to furnish the named manufacturer's product. By virtue of submission of the stated documents it will be presumed by the City that the vendor(s) is legally authorized to so submit and the successful vendor(s) will be legally bound to perform according to the documents.

Occupational Safety and Health: Seller represents that all goods and/or services sold or furnished to the City will comply with all applicable laws and government regulations relating to the occupational safety and health of employees, specifically including the Federal Occupational Safety and Health Act of 1970 (OSHA) and any rules, regulations, standards or orders issued there under, and vendor agrees to indemnify and hold harmless the City against any claims, losses, damages, fines, penalties, costs and expenses suffered or incurred by the City as a result of any violation of or non-compliance with any OSHA Requirements caused or contributed to by the failure of such goods and/or services to so comply. Vendor agrees upon request to furnish to the City any and all information regarding the ingredients of goods sold or furnished to the City and comply with any other reasonable request of the City made in connection with the application of any OSHA Requirements to the City, its employees, and property.

Equal Employment Opportunity Clause: The City of DeBary, in accordance with the provision of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement minority business will be afforded full opportunity to submit bids in response to this advertisement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Public Entity Crime Information: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with an public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

Drug-Free Workplace: A Drug-Free Workplace Statement must be completed, signed, and returned prior to award of RFQ. This form will be used whenever two or more RFQs that are identical with respect to price, quality, delivery, and service are received; a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Insurance: Before performing any contract work, a contractor shall procure and maintain, during the life of the contract, unless otherwise specified, insurance listed in the Forms Section of this Quote. The policies of insurance shall be primary and written on forms acceptable to the City and placed with insurance carriers approved and licensed by the Insurance Department in the State of Florida. The preferable form is a Certificate of Insurance from a Florida Surety.

SUPPLEMENTARY CONDITIONS

1. Bidders are instructed to carefully read and comply with all requirements as specified in the request for quotation, specifications, and quote forms.

2. Prices quoted shall be used for payment and these prices shall be deemed to include payment in full for all transportation used in delivering all supplies to the point of delivery.

3. Quoted Prices – Contractor’s shall quote unit prices, on a delivered, F.O.B., DeBary, Florida, basis, for each item. Unit price bid for each item will not extend beyond the hundredth of a decimal, e.g. Non-acceptable $1.334; Acceptable $1.33.

4. ADDENDA ACKNOWLEDGEMENT FORM: This form must be acknowledged if changes to the quote have been performed.

5. ALTERNATIVES/SUBSTITUTIONS TO SPECIFICATIONS: Any Alternatives or Substitutions to the attached specification must be clearly delineated, set out, and submitted on the "AFFIDAVIT OF COMPLIANCE" response form.

6. Cancellation - It is mutually understood and agreed that any award made as a result of this quotation may be canceled by either party upon thirty (30) days written notice by Certified Mail from either party to the other party. However, the buyer is hereby authorized to purchase any quantity at the price bid during that thirty (30) day interim.

7. OTHER GOVERNMENTAL AGENCIES: Each governmental agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and billing. Each agency shall be liable only for materials ordered and received by it and no agency assumes any additional liability by virtue of this bid.

I. PURPOSE

The City of DeBary is requesting proposals from qualified contractors for the purpose of providing a community fireworks display on July 4, 2019, at Gemini Springs Park. The City’s needs are outlined in the following Scope of Services section. The selected firm will be issued a one year contract WITH TWO (2) ADDITIONAL ONE-YEAR RENEWALS BASED UPON THE MUTUAL CONSENT OF THE PARTIES. THE TERM OF THIS CONTRACT IS FOR A TOTAL OF 3 YEARS.

The display will cap off a 5 hour event that will include live music, children’s activities, concessions, and select vendor demonstrations. The entire period of fireworks displays would be choreographed by prerecorded musical scores with themes appropriate for the occasion.

II. SCOPE OF SERVICES

** The successful proposer will provide all necessary equipment, personnel, and material for set up, display of show, tear down and provide a complete fireworks display lasting no less than 20 minutes. It is the responsibility of the proposer to visit the launch site so as to include any potential costs in the proposal in preparation of inclement weather.

** There shall be a three-phase display with an opener no less than 1 minute, a main body of the show lasting no less than 18 minutes, and a finale lasting no less than 1 minute.

** Provide your best offer for number of 3”- 5” shells within a $20,000 budget to be racked and fired from the Gemini Springs Park Silo area. Number of shells will be counted and verified by the Fire Marshall.

** The firework display should comprise a combination of 3” to 5” shells that meets the approval of the City of DeBary’s Fire Marshall. Provide a count for each shell size comprised in the show.

** The successful proposer will remove all trash or debris resulting from the fireworks display off site.

** The successful proposer will provide complete liability insurance coverage, with the City of DeBary named as additional named insured. This information is found in the forms section of the RFQ.

** The successful proposer will indicate how they will provide a “World Class” Firework Display for the City of DeBary. This is to include your willingness and how you will work with the City of DeBary staff on the music selection, fireworks effect selection, and coordination to the music.

** The successful proposer will be responsible for any launch site preparations to allow for the fireworks display to be presented given any reasonable weather conditions.

Questions concerning this RFQ should be directed to:

All the above Special Conditions, Instructions and General Conditions shall be incorporated in the final agreement.

III. QUOTATION PACKAGE

Vendors must submit the following documents in the quotation package:

· AFFIDAVIT OF COMPLIANCE

· QUOTATION FORM

· ADDENDA ACKNOWLEGEMENT

· DRUG-FREE WORK PLACE FORM

IV. BASIS FOR AWARD

The purchase resulting from this solicitation will be awarded to that responsible offer or whose offer, conforming to the quotation is determined most advantageous to the City of DeBary, price and other factors considered. The offeror’s proposal shall be in the form prescribed by this quotation and shall contain a response to each of the areas identified that affects the evaluation factors for award.

Exceptions to the bid may be considered if determined minor in nature and acceptable to the City’s application. All exceptions shall be noted on the attached “Affidavit of Compliance” form.

The City does not award on low bid alone.

AFFIDAVIT OF COMPLIANCE

______ We DO NOT take exception to the Quotation/Specifications.

______ We TAKE exception to the Quotation/Specifications as follows:

Company Name

By (Authorized Person's Signature)

(Print or type name and title of signer)

Company Address

City, State & Zip

Telephone Number

Toll Free Number

FAX Number

Federal Tax I.D. Number

QUOTE FORM

PROJECT: 4th of JULY FIREWORKS DISPLAY

BID NO.: 06-19

The undersigned CONTRACTOR hereby declares that the only person or persons interested in the bid as principal or principals is or are named herein, and that no other person than herein mentioned has any interest in this bid or in the contract to be entered into; that his bid is made without connection with any other person, company, or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud.

The CONTRACTOR further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all special provisions furnished prior to the submission of bids; and that he has satisfied himself relative to the work to be performed.

The CONTRACTOR proposes and agrees, if this bid is accepted, to contract with the OWNER as listed above, in the form of contract specified for the purchase & execution of the above referenced display located in DeBary, Florida, in full and complete accordance with the shown, noted, described, and reasonably intended requirements of the plans, specifications, and contract documents, to the full and entire satisfaction of the OWNER or his representative shall include:

MORTAR COUNT

The CONTRACTOR further proposes and agrees, upon written acceptance of this bid, to commence work under this contract after the date contained in the written notice to proceed and to fully complete all work under this contract in accordance with the Quote Document.

ADDENDA ACKNOWLEDGEMENT

The undersigned bidder acknowledges receipt of the following addenda, which have been considered in preparing the Quotation (if applicable)

Addendum #1 Dated:

Addendum #2 Dated:

I have carefully examined the Request for Quotation, General and/or Special Conditions, Specifications, and any other documents accompanying or made a part of this Quotation. I agree to abide by all conditions of this quote.

I hereby propose to furnish the good/services specified in the Quotation at the prices/rates quoted in my proposal. I agree that my quotation will remain firm for a period of up to ninety days in order to allow the City adequate time to evaluate the quotes.

I certify that I am duly authorized to submit this quote on behalf of the vendor/contractor as its act and deed and that the vendor/contract is ready, willing and able to perform if awarded the quote.

Company Name

By (Authorized Person’s Signature)

(Print or type name and title of signer)

Company Address

Telephone Number

Fax Number

Date

DRUG-FREE WORK PLACE FORM

Identical Tie Bids:

Preference shall be given to business with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by the State or by any political subdivision for the procurement or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program, a business shall:

The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that

_________________________________________________________________________does:

(Name of Business)

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business’ policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employee’s that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendre to, any violation of Chapter 893 or of any controlled substance law of the United States, or of any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this form complies fully with the above requirements.

BIDDER’S SIGNATURE DATE

INSURANCE REQUIREMENTS

Insurance Requirements for Contractor’s Performing Work/Services Please have your insurance agent e-mail an acceptable Certificate of Liability Insurance (in PDF format) no later than 30 DAYS PRIOR TO THE PROJECT START DATE to:

City of DeBary Finance Department Mike Jones 16 Colomba Road DeBary, Florida 32713 mjones@debary.org The certificate of liability insurance must reflect the following:

Insurers Must have an A.M. Best Financial Strength Rating of A- or better and Financial Strength Category of VII or better. Proof of the insurer’s rating and category size must accompany the certificate of liability insurance.

General Liability* Required for all contractors and vendors.

· $1,000,000 Each Occurrence

· $50,000 Fire Damage (Any one fire)

· $0 Medical Expenses (Any one person)

· $1,000,000 Personal and Advertisement Injury

· $2,000,000 General Aggregate

· $1,000,000 Products – Comp/Op Aggregate Auto Liability* Required if vendor vehicle will be on City property.

· $1,000,000 Combined Single Limit (required when vehicle is used to perform contracted work)

· $500,000 Combined Single Limit (required for all other contractors/vendors for vehicle driven to/from worksite)

Garage and Garage Keepers Liability* Required if a city vehicle is being repaired at your facility.

· $1,000,000 Each Occurrence

Excess Liability* Required when specified by contract.

· $2,000,000

Worker’s Compensation* Required if two or more employees are employed. WC Statutory limits must be marked.

Other (as applicable)*

· Liquor liability (Hold harmless agreement and authorization by the City Council)

· Builder’s Risk Insurance (Per project amounts)

· Environmental Insurance

· Professional Liability

· Other (project specific) Description of Operations The City of DeBary must be listed as an Additional Named Insured. The project name and dates (both begin and end dates) must be included.

Certificate Holder Should be listed as follows:

City of DeBary 16 Colomba Road DeBary, FL 32713

*The City of DeBary reserves the right to require increased limits of coverage as necessary.

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