Kansas Bids > Bid Detail

4th of July Pyrotechnic Display

Agency: Derby
Level of Government: State & Local
Category:
  • 89 - Subsistence (Food)
Opps ID: NBD15232629276438583
Posted Date: Feb 1, 2023
Due Date: Feb 16, 2023
Solicitation No: 2023-004
Source: http://www.derbyweb.com/bids.a...
Bid Number: 2023-004
Bid Title: 4th of July Pyrotechnic Display
Category: Specialized Equipment & Services
Status: Open

Description:

REQUEST FOR PROPOSALS

#2023 - 004

Community 4th of July Pyrotechnic Display for the CITY OF DERBY

February 1, 2023

The City of Derby, Kansas (hereinafter referred to as the “City”) invites proposals from

vendors to provide a pyrotechnic display at the City of Derby Community Fourth of July

celebration. Please carefully review this document. If you are interested in making a

proposal consistent with the conditions, instructions, requirements, and specifications as

contained herein, submit a comprehensive proposal in a sealed envelope no later than

Thursday, February 16, 2023 at 2:00 pm. The outside of the envelope should be clearly

marked with the Proposer’s name and address and identified as “Submission of Proposal—

Community Fireworks Display”. The sealed envelope should be addressed as follows:

Derby City Clerk

ATTN: Community Fireworks Display

611 N. Mulberry Road, Suite 300

Derby, KS 67037

RFP # 2023- 004

It is the sole responsibility of the proposer to see that its response and the appropriate

documents are delivered on time. Any response received after the scheduled closing time

for receiving proposals will be returned to the proposer unopened and will not be

considered. It is the responsibility of the contractor to check Derby’s website for information

and updates.

Proposed pricing for services may be disclosed at a public meeting to receive and to file

responses of this solicitation at the City of Derby Board of Bids and Contracts meeting. Other

information provided in your response will be considered proprietary and will not be divulged

during the proposal review process unless otherwise required by law. Because the services

sought will require the expenditure of public funds, part or all of the successful proposal, as

well as a resulting contract, will likely be public records within the meaning of the Kansas Open

Records Act. Prior to acceptance of a proposal, the information contained in each proposal

will be used for evaluating the proposer’s ability to handle the scope of services and will not

be shared with persons not involved in the evaluation of proposals unless otherwise required

by law.

Shana Sneath

Public Works Coordinator


1. ABOUT THIS DOCUMENT

This document is a Request for Proposals. It differs from a Request for Bids/Quotations in

that the City is inviting proposals that are most advantageous to Derby, in Derby’s sole

discretion for the 2023 Community 4th of July Pyrotechnic Display. This is not a

bid/quotation meeting firm specifications for the lowest price, and as such, the lowest price

proposed will not guarantee an award recommendation. Competitive Sealed Proposals

will be evaluated based upon criteria formulated around the most important features of the

service, of which quality, references, availability or capability, may be overriding factors.

Proposal evaluation criteria will be used as standards by which to measure how well a

proposer’s approach addresses Derby’s objectives and needs. Criteria that will be considered

in evaluating proposals are set forth in this RFP. Derby will thoroughly review all proposals

received and may conduct an interview process for top proposals and to further discuss

services and pricing. A proposer’s initial offer should therefore be based on the most favorable

terms available from a price and technical standpoint. Derby reserves the right to conduct

discussion or negotiation with any proposer regarding any proposal Derby deems competitive.

Derby may also request best and final offers from any proposers and make an award or

conduct negotiations thereafter. Derby reserves the right to select and recommend for award

the proposal which best meets its required objectives and needs, in the sole discretion of

Derby.

Questions regarding this document must be submitted in writing to Shana Sneath, Public

Works Coordinator, at shanasneath@derbyweb.com

For security reasons, you must enable JavaScript to view this E-mail address. .

2. BACKGROUND and OBJECTIVES

The City of Derby is a fast-growing, progressive community located 10 minutes south of

Wichita. The City of Derby has a population of nearly 25,000 and is a full-service city providing

water, sewer, police, fire and other municipal services in the metropolitan area of south-central

Kansas. The City of Derby is served by two major north/south traffic corridors. The City

operates under a mayor/council/manager form of government.

Broadly stated, the City is desirous of selecting a contractor responsible for required

services associated with all labor, equipment, and materials necessary for the pyrotechnic

display at the City of Derby Community Fourth of July celebration.

3. SCOPE OF SERVICES

The City of Derby is interested in proposals that will provide quality services at competitive

rates. The proposals will be evaluated on experience, quality, price, and turnaround time.

GENERAL INFORMATION

The City reserves the absolute right in its obligation to the public to accept the proposal that

best serves the public interest.

Following selection, the City will forward the successful vendor an agreement ready for

signature. The successful vendor will have eight (8) business days upon notification of

award to execute the Agreement and return all required documents to the City to the

attention of Shana Sneath, Public Works Coordinator. Once the agreement has been fully

executed, City staff will assist the successful vendor in the application process for local

public display of fireworks.

The proposal should contain detailed information containing the contractor’s proposed

schedule and order of work, as well as pricing, all in a manner that meets or exceeds the

following minimum requirements and specifications.

Contractor is responsible for:

Scope of Work

• Successful vendor will be responsible to install, setup, operate, and remove all equipment

and supporting hardware for the pyrotechnic display.

• Requested length of show is 20 minutes

Display is as follows:

  • 100 each – 2.5” Assorted Color Shells
  • 216 each – 3” Assorted Color Shells
  • 144 each – 4” Assorted Superior Color Shells
  • 111 each – 5” Assorted Deluxe Color Shells
  • 25 each – 6” Assorted Deluxe Color Shells

Total number of shell breaks will be 596.

• An alternate date will be scheduled if the event is canceled due to inclement weather. The

alternate date will be agreed upon by the City of Derby and the successful vendor.

• Matching contributions from successful vendor are appreciated but optional.

• Vendor will cooperate with City staff in establishing designated viewing areas.

• Fireworks display devices, set pieces, props, spectator viewing areas, and any and all

equipment involved with the pyrotechnic display will be placed and located by the vendor

to ensure the highest degree of show integrity and character, and to provide the audience

the most aesthetic, artistic, and safest program possible.

• Vendor will be responsible for all aspects of the setup and operation of the display.

Additional Information to be included in response

1. Vendor’s business history.

2. Description of equipment that would be used.

3. Description of products that would be used.

4. Any proposed changes to attached diagram indicating dimensions of the grounds on

which the display is to be held and showing the point at which the fireworks are to be

discharged, and the lines behind which the audience will be restrained.

5. A copy of a valid pyrotechnic operator certificate issued by the State of Kansas Fire

Marshal’s Office

6. Certificate of insurance; showing the City of Derby and it officers and employees as

additional insured; include copies of both the front and back of the certificates.

7. Schedule of activity that indicates when set up will begin and estimate completion for

clean-up.

City will provide

• Trash receptacles for cleanup after execution of the display.

• Barricades to close dangerous areas to spectators.

• Traffic control.

• Security for crowd control.

• Directional signage.

4. CONFIDENTIAL MATTERS

Anyone submitting a proposal agrees that all data, records and information which proposer,

its agents and employees obtain access to, create, and which are the subject of this

proposal, remain at all times exclusively the property of Derby. Anyone submitting a

proposal also agrees that all such data, records and information constitute, at all times,

proprietary information of the City and that proposer will not disclose, provide or make

available any such proprietary information in any form to any person or entity.

In addition, anyone submitting a proposal agrees that it will not use any names or addressed

contained in such data, records, and information for the purpose of selling or offering for sale

any property or service to any person or entity who resides at any such address in such

data; that it will not sell, give or otherwise make available to any person or entity any names

or addresses contained in or derived from such data, records or information for the purpose

of allowing such person to sell or offer for sale any property or service to any person or

entity named in such data. Anyone submitting a proposal further agrees that it will take

reasonable steps and the same protective precautions to protect Derby’s proprietary

information from disclosure to third parties as with the proposer’s own proprietary and

confidential information and that all data, regardless of form, that is generated as a result of

this RFP is the property of Derby.

5. MANDATORY REQUIREMENTS

This section is provided to assist participating proposers in forming a thorough response for

services outlined in this document. Proposals submitted must reflect in detail their inclusion

as well as the degree to which they can be provided. The successful proposal shall:

1. Submit the name of the lead person from your firm who will be responsible for

managing this work for Derby.

2. Disclose all fees or other compensation to be paid to or on behalf of the proposer by

Derby for services and/or goods provided, including but not limited to hourly rate for

services.

3. Disclose any actual or potential conflicts of interest with the City, its officers, agents

and employees.

4. Conform the requirement to maintain strict confidentiality about all matters of this

project.

5. Describe any partnerships with any organizations/subcontractors/suppliers that will

play a role in this project.

6. Provide a copy of your certificate of insurance verifying professional, commercial

general, automobile liability, and workers’ compensation insurance coverage with

minimum policy limits as detailed in this RFP. The coverage must be maintained

and carried in force for the duration of the contract.

7. Any additional information believed necessary to assist the City in evaluating your

proposal may also be submitted.

8. Provide response with requested detail per Section 3 of this RFP together with the

proposal response form.

6. TENTATIVE TIME LINE

The following dates are provided to assist interested firms in planning participation in the

project described herein. The dates listed, however, are in no way guaranteed and are subject

to change without notice.

Issue Request for Proposals ............................................. Wednesday, February 1, 2023

Proposals due.................................................. 2:00 p.m., Thursday, February 16, 2023

Proposals opening........................................... 2:00 p.m., Thursday, February 16, 2023 in City Council Chambers

City Council Approval of Event...............................................Tuesday, March 7, 2023

7. SELECTION CRITERIA

The selection process will be based on responses to this RFP, verification of references and

any interviews required verifying the ability of proposer to provide services in response to this

document. The Director of Public Works will designate an individual or committee to review

all proposals and make a recommendation to Derby’s Bid Board. The Bid Board will make a

recommendation to the City Manager and/or City Council in accordance with Derby policies.

Representatives of Derby will evaluate each proposal based on the following criteria:

1. Demonstrating clearly and completely, your firm’s ability to meet all RFP conditions,

Minimum Specifications, and miscellaneous instructions as outlined herein;

2. Demonstrating the skill and experience necessary to meet Derby’s needs;

3. Meeting mandatory requirements outlined herein;

4. Proposing services described herein with the most advantageous and prudent

methodology and cost to Derby;

5. Providing references reflecting projects having a scope of services similar to those

requested by Derby within the last three years (include location, contact person,

telephone number, length of contract, and any other pertinent information related to

this type of project); and

6. Provision of a certificate of insurance by the successful proposer evidencing

insurance coverage for all work and services to be performed as part of the contract

award in amounts not less than the following:

Comprehensive General Liability Coverage: $4,000,000 Each Occurrence

Automobile Liability $1,000,000 Combined Single Limit

Workers Compensation Workers’ Compensation—Statutory

$500,000 Each Accident

$500,000 Disease-Policy Limit

$500,000-Each Employee

The above amounts are the minimum insurance requirements necessary to comply with the

submission requirements for this RFP and may be achieved through the use of an umbrella

or excess coverage policy. Said certificate of insurance shall be written by a reputable

insurance carrier approved by Derby and the final certificate will name Derby as an

additional insured on general liability and automobile liability coverages.

NO NEGOTIATIONS, DECISIONS OR ACTIONS SHALL BE INITIATED BY ANY FIRM OR

PROPOSER AS A RESULT OF ANY VERBAL DISCUSSION WITH ANYONE, INCLUDING CITY EMPLOYEES, PRIOR TO COMPLETION OF THE RFP PROCESS.

Derby reserves the right to select the proposal which best meets, in its sole discretion, its

required needs, budget constraints, quality levels, and administrative expectations. Due to

the importance of this project, Derby also reserves the right to select one or more firms to

accomplish this task or to reject all proposals.

8. CONTRACT PERIOD and PAYMENT TERMS

The contract form will be provided by the City and will be in a format similar to Exhibit A

attached to this RFP.

9. PROPOSAL CONDITIONS

In submitting a response to this RFP, proposer hereby understands and acknowledges the following:

1. Any response not received by the City prior to the deadline date and time will not be

considered.

2. Derby reserves the right to:

a. Cancel the RFP process or the work described herein prior to issuance and acceptance of any final agreement even if the Derby City Council has formally accepted a recommendation and authorized execution of an agreement;

b. Accept or reject any and all responses;

c. Request additional information or clarification from those submitting responses and allow corrections to errors and omissions. Clarifications to a proposer’s response shall be signed by an officer of the proposer authorized to commit the proposer to all terms and conditions contained in the response;

d. Disregard responses that do not meet the stated requirements as determined by Derby. Responses which are non-responsive, conditional or not in compliance with the information requested in this RFP will be disqualified unless Derby waives such non-compliance;

e. Waive any technicalities or irregularities involving any response, including noncompliance;

f. Select the proposer that will best meet the needs of Derby; and

g. Negotiate with the proposer submitting the best response to obtain an eventual agreement to provide the requested services.

3. Derby will not pay for any information requested herein, nor is it liable for any costs incurred by those submitting proposals.

4. All responses and relation information submitted in response to the RFP will become the property of Derby and will not be returned. Each proposer submitting a response waives any right of confidentiality to the proposal documents. If a proposer submitting a proposal considers certain material in the response to be proprietary information, it should clearly designate those portions of the response it wishes to remain confidential. As a public entity, Derby is subject to making records available for public disclosure as required by law. Derby will make reasonable attempts to maintain the confidentiality of material marked proprietary; however, it cannot guarantee information will not be made public.

5. By submission of a response, each proposer certifies that:

a. The proposer has not paid nor agreed to pay any person, other than a bona fide employee or subcontractor, a fee or a brokerage commission resulting from award of the contract.

b. Derby may, by written notice, cancel any award under this RFP if it is found by Derby that gratuities in the form of entertainment, gifts or otherwise were offered or given to any representative of Derby with a view toward securing the award of a contract or other favorable treatment with respect to this RFP.

6. Derby reserves the right to make any agreements subject to the provisions of the Kansas Cash Basis Law (K.S.A. 10-1112 and 10-1113) and the Kansas Budget Law (K.S.A. 79-2935). Agreements shall be construed and interpreted so as to ensure that Derby shall at all times stay in conformity with such laws, and as a condition of agreements, Derby reserves the right to unilaterally sever, modify, or terminate agreements at any time, if in the opinion of its legal counsel the Agreement may be deemed to violate the terms of such law(s).

7. All project participants, consultants, and contractors must comply with applicable Federal, State, County, and local municipal laws pertaining to contracts entered into by governmental agencies, including non-discrimination in employment, the provisions of the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.), the provisions of K.S.A. 44-1030, and the following terms:

a. The successful proposer will observe the provisions of the Kansas Act Against Discrimination and shall not discriminate against any person in the performance of work under this project because of religion, color, sex, disability, national origin, or ancestry;

b. In all solicitations or advertisements for employees, the successful proposer shall include the phrase “Equal Opportunity Employer,” or a similar phrase to be approved by the Kansas Human Rights Commission;

c. If the proposer fails to comply with the manner in which it reports to the Kansas Human Rights Commission in accordance with state law, the proposer will be deemed to have breached its contract with Derby and the contract may be canceled, terminated, or suspended, in whole or in part, by Derby.

d. If the proposer is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the Kansas Human Rights Commission which has become final, the proposer will be deemed to have breached its contract with Derby and the contract may be canceled, terminated, or suspended, in whole or in part, by Derby; and

e. The successful proposer will include the provisions of the above subsections (a) through (d), inclusive, of this paragraph in every subcontract or purchase order so that such provision will be binding upon such subcontractor or contractor.

f. Alternate proposals (two or more proposals submitted) will be considered for an award. Derby reserves the right to make the final determination of actual equivalency or suitability of such proposals with respect to requirements outlined herein.

g. Derby may award a contract based on initial offers received without discussion of such offers. A vendor’s initial offer should therefore be based on the most favorable terms available from a price and technical standpoint. Derby may however have discussion with those vendors that it deems, in its discretion, to fall within a competitive range. Derby may also request best and final offers from such proposers and make an award and/or conduct negotiations thereafter.

h. Prices proposed may not be withdrawn for a period of 120 days immediately following the opening of proposals. Prices MUST be free of federal, state, and local taxes unless otherwise imposed by a governmental body.

i. Derby interprets “lowest responsible proposer” as requiring Derby to (a) choose between the kinds of materials, goods, wares, or services subject to the proposal, and (b) determine which proposal is most suitable for its intended use or purpose and maintenance costs of items upon which proposals are received. Derby can determine any differences or variations in the quality or character of the material, goods, wares, or services performed or provided by the respective proposers.

j. All requested information must be supplied. If you cannot respond to any part of this request, state the reason you cannot respond. You may provide supplemental information, if necessary, to assist Derby in analyzing your proposal.

k. After the award, if the successful proposer refuses or fails to provide the services within the times specified in the RFP proposal or contractual agreement, Derby may, by written notice, terminate the award and contract.

10. AERIAL OF HIGH PARK


DOWNLOAD BID INFORMATION

Publication Date/Time:
2/1/2023 12:00 AM
Closing Date/Time:
2/16/2023 2:00 PM
Submittal Information:
611 N. Mulberry, Suite 300 Derby Kansas 67037
Contact Person:
Questions regarding this document must be submitted in writing to Shana Sneath, Public

Works Coordinator, at shanasneath@derbyweb.com.

Business Hours:
7:30-5:30 M-TH, 7:30-12:30 F
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