HomeMy WebLinkAboutBID - 6093 4TH OF JULY FIREWORKSCity of Fort Collins
CITY OF FORT COLLINS
INVITATION TO BID
BID 6093
FOURTH OF JULY FIREWORKS
BID OPENING: MARCH 20, 2008, 3:OOP.M. (our clock)
Financial services
Purchasing Division
215 N. Mason St. 2"" Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov. corn/purchasing
Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid�roposal and/or contract documents. If delivered, they are to be sent
to 215 North Mason Street, 2" Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:OOp.m. (our clock), March 20, 2008.
A copy of the Bid may be obtained as follows:
Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to
request document #25772. (The bid number must be preceded by a 2 when
using the Fax -line.)
Download the Bid from the Purchasing Webpage, Current Bids page, at:
www.fcgov.com/purchasing.
Come by Purchasing at 215 North Mason St., 2nd floor., Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into
contract or honor the purchase order will be cause for removal of supplier's name from the City of
Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
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14. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection with
the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit B,
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy
of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Emplovinq Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said work.
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
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a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th Congress, as
amended, and expanded in Public Law 156, 108th Congress, as amended,
administered by the United States Department of Homeland Security (the "Basic Pilot
Program") in order to confirm the employment eligibility of all newly hired employees.
b. Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or knowingly enter into a contract with a subcontractor that knowingly
employs or contracts with an illegal alien to perform work under this Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until Contractor is accepted
or the public contract for services has been completed, whichever is earlier. The
requirements of this section shall not be required or effective if the Basic Pilot Program is
discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Contractorshall not
terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
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knowingly employed or contracted with an illegal alien.
f. Contractor shall comply with any reasonable request by the Colorado Department of
Labor and Employment (the "Department') made in the course of an investigation that the
Department undertakes or is undertaking pursuant to the authority established in Subsection
8-17.5-102 (5), C.R.S.
g. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S.
h. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. [Optional] Special provisions or conditions relating to the services
to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of
) pages, attached hereto and incorporated herein by this reference.
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ATTEST:
City Clerk
zw • •:u
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under this
bid, the Service Provider shall furnish the City with certificates of insurance showing the type,
amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or become
due the Service Provider under this. Agreement. The City, its officers, agents and employees shall
be named as additional insureds on the Service Provider's general liability and automobile liability
insurance policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain
during the life of this Agreement for all of the Service Provider's employees engaged in work
performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 peraccident, $500,000
disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during
the life of this Agreement such commercial general liability and automobile liability insurance
as will provide coverage for damage claims of personal injury, including accidental death, as
well as for claims for property damage, which may arise directly or indirectly from the
performance of work under this Agreement. Coverage for property damage shall be on a
"broad form" basis. The amount of insurance for each coverage, Commercial General and
Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property
damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under this
Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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CITY OF FORT COLLINS
BID PROPOSAL
BID 6093
FOURTH OF JULY FIREWORKS
BID OPENING: MARCH 20, 2008, 3:00 (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
FOURTH OF JULY FIREWORKS PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS:
The City of Fort Collins is requesting bids for a July 4th fireworks display. This is a one year
agreement but, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by
and agreed to by both parties and may use the Denver - Boulder CPI-U as published by the
Colorado State Planning and Budget Office as a guide. Written notice of renewal shall be provided
to the Service Provider and mailed no later than 90 days prior to contract end.
Any technical questions regarding this bid should be directed to Mike Calhoon, Crew Chief with
Parks, at (970) 221-6302,
Any purchasing questions or inquiries regarding this bid should be directed to: John Stephen,
CPPO, CPPB, Senior Buyer (970) 221-6777.
BID SCHEDULE
Bidder must provide a detailed description of the types of shells and display arrangement of the
proposed show with the bid. The bidder agrees to furnish and electronically shoot a 4th of July
fireworks display per the terms, conditions and specifications for the lump sum price of:
Base Bid ---Twenty Minute Show
$ Dollars ($ )
Alternate Bid ---Twenty Five Minute Show
$ Dollars ($ )
Name of
Telephone
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corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any
and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority overthe services to be rendered.
This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions are available for review in the
Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self -stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the
bid opening.
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
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Bid Submittal
1) Include the name(s) of the supervising pyrotechnicians responsible for setup and firing of this
display.
2) Briefly outline the qualifications, background, years of experience, related schools, etc. for each
supervisor named.
3) Provide a separate attachment describing your show and include any unique features,
sequences, unusual shells or special effects used.
4) Describe safety precautions/procedures you use.
5) References
Include the names, phone numbers and addresses of at least three references you have furnished
similar displays for preferably in the Colorado area.
Specifications:
1. Weather Conditions and Duration of Show:
The fireworks display, shall be ready to start on July 4th at 9:30 p.m. and last for the duration of
twenty minutes, provided the weather permits a display. It is mutually understood and agreed, that
should inclement weather prevent the display on July 4th, a meeting with the City representative and
the contractor will be held to discuss the postponement dates. It is agreed and understood by the
City and the contractor that in the event the fireworks have been taken out and set up before the
inclement weather prevails, then such exhibitions of fireworks must be carried out in the best
possible manner without any deductions from the compensation due the contractor.
2. Contractor's Personnel:
The contractor shall furnish trained personnel authorized to serve as their agents in presenting the
fireworks displays, The Contractor shall furnish a crew of adequate size trained in the presentation
of fireworks displays to perform all duties necessary for the set up, presentation, and clean up of the
fireworks display. The Contractor shall appoint a crew foreman, who shall be duly authorized to
serve as their agent and make any decision necessary during the set up, presentation, and clean up
of the fireworks display. The crew shall arrive at least thirty-six (36) hours prior to the event.
The Crew Chief of Parks, Mike Calhoon, shall be contacted at least forty-five (45) days prior to the
event with the name of the pyrotechnician responsible for shooting the show. Further, it shall be the
responsibility of the pyrotechnician to contact the Crew Chief of Parks at least thirty (30) days prior to
the event to discuss any issues that need to be finalized.
3. Shooting Site:
The show will be shot from a peninsula on the west side of Sheldon Lake in City Park. The
peninsula is 42' x 69' in size. The closest building is the fire station at 317 S. Bryan, 200' away. This
site allows for a 300' minimum distance to the spectators.
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4. City Provisions
If the contractor gives the City 10 days prior written notice, the City of Fort Collins will provide 12
yards of sand and will dig an appropriately sized trench for the placement of larger mortars. The
City will not provide any other labor, material, or equipment for this project unless specifically noted
herein.
5. Police Protection and Permits:
The City will provide police barricades for the area. The contractor must obtain a Public Display of
Fireworks Permit and adhere to the Uniform Fire Code 1991 or current issue and NFPA 1123.
6. City Representative
The City hereby appoints the Poudre Fire Authority designate as its representative. The city
representative will coordinate with the contractor and the City. The City representative will be the
final safety authority as to whether the show may be shot and may stop the show if, in his opinion,
the safety of citizens and or the shooters is jeopardized.
7. Safety:
The show must be a completely electronically shot show. The shooter must be at least 100' from
the mortars while the show is shot. Only one shell per mortar tube will be allowed. No reloading of
tubes will be allowed. Final mortar tube adjustment for wind direction will be made 30 minutes prior
to the start of the show. No one other than the contractor will be allowed to handle the shells.
Shooters should wear protective clothing, ie: Nomexjumpsuit, or other suitable protective wear. No
nylon clothing will be allowed.
8. Set Up:
The display needs to be completely set up, tested, and inspected at least three (3) hours priorto the
scheduled commencement time of 9:30 p.m. The motor tubes must beset, backfilled, and ready for
inspection twenty-four (24) hours prior to the scheduled commencement time.
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The contractor will be responsible for cleanup and policing of the shooting site including the removal
of all unexploded fireworks, removal of frames, mortars and other debris left as a result of the
shooting of the fireworks display. The City of Fort Collins personnel will refill holes and distribute
sand.
10. Insurance
The contractor shall maintain the statutory Worker's Compensation Insurance, and in addition,
Employer's Liability Insurance in an amount not less than $1,000,000 for each occurrence for all of
its employees to be engaged in work on the project under this agreement. In case any such work is
sublet, the contractor shall require the subcontractor similarly to provide Worker's compensation
Insurance and Employer's Liability Insurance for all of the latter's employees to be engaged in such
work.
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The Contractor shall maintain during the agreement such general liability and automobile liability
insurance as will provide coverage for claims for damages for personal injury, including accidental
death, as well as for claims for property damage, which may arise directly or indirectly from
performance of this agreement. Coverage for property damage shall be on a "broad form" basis.
The amount of insurance to be provided shall not be less than $1,000,000 combined single limits for
bodily injury and property damage.
11. Reference:
The contractor shall provide three references for similarly shot fireworks displays. The
City reserves the right to reject the bid of contractors whose references reveal poor quality
performance and presentation of fireworks displays furnished to clients in previous years.
12. Bid Award:
A committee of City personnel will review the bids with award to be based on the best value display
considering cost and attractiveness of the display in the sole opinion of the committee and the best
interests of the City.
13. Contract Period
This Agreement is for one year, unless sooner terminated as herein provided. In addition, at the
option of the City, the Agreement may be extended for additional one (1) year periods not to exceed
four (4) additional one (1) year periods. Pricing changes shall be negotiated by and agreed to by
both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State
Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and
mailed no later than ninety (90 days), of each renewal period.
14. Budget and Show Content:
The budget for past years has been $15,000 per year. The 2008 budget is approximately $15,000
to $20,000. This budget number is not guaranteed and may increase or decrease this year and
renewed years. Contractor must provide a detailed description of the types of shells and display
arrangement of the proposed show with the bid. If possible, contractor shall provide a video tape of
past performances being similar in size and cost. The fireworks display show must truly be the
highlight of our 4th of July celebration.
15. Misfires:
A penalty of $20.00 per shell shall be assessed for each misfire over a total of 10% of the total
number of shells for the entire show. The Poudre Fire Authority designate will perform an inspection
at the completion of the show, and prior to clean up, to assure adherence to this clause. This
penalty shall be deducted from the final payment due the Contractor.
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SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and , hereinafter referred to as "Service Provider".
W ITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence , and shall continue in full
force and effect until , unless sooner terminated as herein provided.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City: Service Provider:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
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In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting
of pages, and incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided underthis agreement. All requests concerning this
agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of
the services shall not be construed to operate as a waiver of any rights or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement.
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10, Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected
item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
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