The City of Eureka is accepting sealed bids from qualified vendors to furnish and display aerial fireworks displays for the Independence Day Celebration and Eureka Days.
The Proposal, which must contain three (3) copies, must be signed, sealed and marked “City of Eureka Fireworks Bid” and delivered to the Eureka Parks and Recreation Department Attention: Kristin Christenson, Director of Parks and Recreation; 1 Coffey Park Lane, Eureka, MO 63025, no later than 2:00 p.m. on Friday, April 29, 2022.
Bids may be delivered in person, by carrier or by mail. It is the sole responsibility of the vendor to see that his/her bid is received in proper time. No late bids will be considered.
The City of Eureka reserves the right to reject any and all bids and waive any informality. The City of Eureka also reserves the right to select the lowest and/or best most qualified bidder as determined by the City in its sole discretion.
Questions regarding the bid request should be submitted in writing by e-mail to Kristin Christenson, Director of Parks & Recreation, at .
INSTRUCTIONS TO BIDDERS - PLEASE READ ALL INSTRUCTIONS CAREFULLY
- Bid Procedure
Attach completed Bid Form (the “Bid”) and include all information set forth therein. Failure to do so will result in the disqualification of the bid.
- The Bidder represents, warrants and covenants that (s)he has carefully examined the specifications and all provisions contained in the Request for Proposals relating to items to be furnished, and understands the meaning, content and requirements of such and agrees to the same.
- The bid must be signed, sealed, plainly marked: “The City of Eureka Fireworks Bid” and delivered to The Timbers of Eureka, Attention: Kristin Christenson, Director of Parks & Recreation, 1 Coffey Park Lane, Eureka, MO 63025, no later than 2:00 p.m. on Friday, April 15, 2022. No faxed, emailed or verbal bids will be accepted. Vendors are responsible for the timely delivery of bid packages to the Parks & Recreation Office. A postage meter mark is not sufficient evidence of submitting a response to this RFP by the deadline.
- Bids may be withdrawn by notifying the City in writing prior to the submission deadline.
- Bid Contents and Format
Each Bidder must submit, as a part of its Bid, a written statement covering the following information:
- Letter of introduction from Bidder accepting the terms outlined in the RFP.
- Fully completed FORM A -- Statement of Bidder’s Qualifications
- Fully completed FORM B -- Bid Summary
- Fully completed FORM C -- Bidders Declaration
- Fully completed FORM D -- Non-Collusive Affidavit of Prime Bidder
- Any additional information that the Bidder feels will assist the City in the proposed consideration process.
- General Requirements
- Bid forms must be filled out in their entirety. If not otherwise completed, all blanks must be marked with “N/A.” Any information not filled out in its entirety will be considered a “NO BID” and will not be considered.
- Fireworks shot from Drewel Park should be Class 1.3 Display Fireworks. Fireworks shot from Legion Park should be Class 1.4 Consumer Fireworks.
- No shell shall be larger than six (6) inches in diameter. All shells shot from Drewel Park must be at least three (3) inches in diameter unless shells designed for sound, for example silver salutes.
- 100% of the show must be electronically fired.
- Bidder is solely responsible for compliance with the applicable codes and standards, and shall comply with NFPA 1123 (2022 Edition) Code for the Outdoor Display of Fireworks and NFPA 1126 (2021 Edition) Standard for Use of Pyrotechnics before a Proximate Audience. Additional safety requirements may apply which are not addressed in the NFPA 1126, if deemed necessary for fire and injury prevention.
- Bidder is responsible for delivery of all fireworks, mortar tubes and mortar racks to discharge all shells in the fireworks display on the day of the event. Bidder shall provide sandbags for mortar tubes as needed.
- Display will be fired choreographed to a pre-recorded music set provided by the Bidder. Music must be submitted to the City no less than two (2) weeks before each display for approval. Music must be provided on CD, USB flash drive and an mp3 web link for display.
- If the display of fireworks cannot be given on date as noted in Section 4 (Display Specific Requirements), due to inclement weather conditions (including dangerously dry conditions as determined by the Fire Marshall of the Eureka Fire Protection District), the display will be rescheduled within 60 days at the discretion of the Director of Parks and Recreation.
- Payment will be made through normal invoice procedures. No more than 50% of each display fee will be paid in advance of each display.
- After the final inspection has been completed and all conditions of the Contract have been satisfied, the Director of Parks and Recreation shall execute a certificate that the work provided for in the Contract has been completed and accepted by her under the conditions and terms thereof, whereupon the entire balance found to be due to the Bidder shall be paid to the Bidder within thirty (30) days after the date of said certificate.
- Bidder will supply, upon request, a current financial statement.
- Display Specific Requirements
The Independence Day Celebration Display shall include the following:
- Display will occur after dark on Monday, July 4, 2022
- Minimum finale of 300 shells
- A cost proposal not to exceed $20,000.00
The Eureka Days Display shall include the following:
- Display will occur after dark on Saturday, October 1, 2022
- Minimum finale of 200 shells
- A cost proposal not to exceed $7,500.00
- Site Information
- See FIGURE #1 -- Fireworks will be launched from Drewel Park (off of Hill Drive). Most patrons will be watching from the east in Legion Park (333 Bald Hill Road) and Lions Park (340 Bald Hill Road). Smaller effect cakes (Class C) may be shot in Legion Park behind the bandstand within a safe distance zone from spectators.
- City staff will cover the playground surfacing with tarps.
- Drewel Park will be closed only on the day of the event. There is no overnight security, so all setup must be performed by the Bidder on the day of the event. Only mortar racks and tubes may be placed the day prior to the event. Under no circumstance will shells or wiring be placed the day before.
- The Eureka Police Department will check Drewel Park approximately one (1) hour before the display begins to assure that no one is inside the park other than the Bidder’s staff.
- The Bidder is expected to examine carefully the sites of work and specifications before submitting a proposal response. The submission of a bid shall be considered prima facie evidence that the respondent has made such examination and is satisfied to the conditions to be encountered in performing the work and as to the requirements of the specifications included herein.
- After each display, the Bidder will be responsible for removal of all debris larger than two (2) inches on the site.
- The Bidder must clean up the site to the City’s satisfaction. Failure to do so will result in a deduction from payment of a minimum of $500.00 for each display. Upon notice from the Bidder of presumptive completion, the Director of Parks and Recreation or her designated representative will inspect; and the Bidder will be notified of any unacceptable work. When the site restoration is found complete to the satisfaction of the Director of Parks and Recreation, such inspection shall constitute the final inspection.
- Bidder’s Declaration
The Bidder will not be permitted to use, to its advantage, any omission or error in the Request for Bids, the specifications, requirements or the contract documents, and the City reserves the right to issue corrections for such errors or omissions. All Bidders must submit the “Bidders Declaration”, which is part of the Bid Form, a copy of which is attached as FORM C. The Bidder’s Declaration states that (s)he has examined the information, is familiar with the requirements as to equipment, supplies and labor of such undertaking; and the (s)he has carefully prepared, examined and checked the Bid to ascertain that no mistake or error is contained in the Bid; and that (s)he will make no claim for correction or modification after the receipt of the bids.
All specifications listed are intended to be preferred function and performance specifications. No specifications should be construed as representing any particular brand of items, materials or supplies. Bidders should propose to furnish items that come closest to meeting the details of the specifications. Where deviations from the specifications are necessary, the bidder must specify such deviation in the Bidder’s Response Form, stating why the items (s)he proposes will render equivalent reliability or performance. If there is insufficient room for detailing deviation, please indicate “see deviation” and attach, clearly indicating the bullet number on any such attachments. Failure to detail all such deviations will provide a basis for rejection of the entire proposal. Substantial deviations will not be considered.
Any correction or additional interpretation of this RFP will be made by addendum mailed or e-mailed to each recipient of this RFP. No Bidder may use any known inadvertent omission or mistake in this RFP to his/her advantage. The City of Eureka will not be responsible for any other misinterpretation.
If the Contractor has any questions which arise concerning the true meaning or intent of the specifications or any other requirements stated herein, the Contractor shall request that an interpretation be made in an Addendum issued by the Director of Parks and Recreation which shall be made available to all Bidders pursuant to this Request for Proposals. Failure to have requested an Addendum governing any such question shall not relieve the bidder from delivery in accordance with the intent of the specifications. All questions regarding this specification shall be in writing and directed to Kristin Christenson, Director of Parks and Recreation, at at least three (3) days prior to bid submission date.
- Bid Valid for Six Months
No bid may be withdrawn for a period of six (6) months following the date specified for receipt of the bids.
GENERAL TERMS AND CONDITIONS
It is the desire of the City to award an agreement to one (1) Bidder for the two (2) displays in 2022. The initial agreement is valid for the 2022 events, with the option to renew annually for up to two (2) additional years under the proposed terms and conditions upon mutual written agreement. This Agreement shall be subject to termination by the City in the event of sale or destruction of the facilities or because of misfeasance or non-misfeasance by the operator. The City may also terminate this Agreement for non-compliance with the requirements as set forth in these specifications. Also, the City reserves the right to terminate the contract for any reason with a thirty (30) day written notice.
The City also reserves the right, by the Agreement, to cancel any part or all of the same for failure by the Bidder to follow terms of said Agreement. All licensing required by ordinances of the City of Eureka will be required of the Bidder. The Bidder will be required to meet all health and safety standards and regulations set forth by ordinances of the City of Eureka and St. Louis County.
- Renewal Option
Upon expiration of the 2022 contract, the City shall have the option to renew the contract, one year at a time, and pending approval of funding, for two (2) additional years under the proposed terms and conditions, provided there are minimal increases in cost that are agreed upon by the City and Bidder.
- Tax Exemption
The City of Eureka is exempt from all sales tax. Exemption certificates will be furnished upon request. In billing to the City, the City represents that it qualifies for the sales tax exemption for local government under Missouri State Tax Law, therefore, no sales tax applies to the Bidder’s invoice.
The Bidder shall respond to these specifications as an independent contractor and not as an employee of the City of Eureka. The Bidder further agrees to furnish an original Certificate of Insurance to the City in the sum of Two Million Dollars ($2,000,000.00) designating the City as “Additional Insured” under its terms so as to indemnify the City from any liability the Bidder has agreed to hold the City harmless as set forth herein. The Bidder must obtain and maintain, at its sole expense, insurance of the type and minimum amounts stated below. This requirement of insurance does not limit the Bidder’s liability in any manner. This insurance coverage shall not be amended or canceled without prior written notification to and written approval from the City of Eureka.
- Worker’s Compensation Insurance
The Bidder shall procure and shall maintain Workers Compensation Insurance for all of its employees to be engaged and perform work, and in case such work is sublet, the Bidder shall require the subcontractor similarly to provide Workers Compensation Insurance for all such employees to be engaged by the Bidder for such work unless such employees are covered by the protection afforded by the Bidder’s Worker’s Compensation Insurance. In the event any class of employees engaged in hazardous work is not protected under the Worker’s Compensation statute, the Bidder shall provide and shall cause such subcontractor to provide adequate Employer’s Liability insurance for the protection of its employees not otherwise protected.
- Comprehensive General Liability Insurance
The Bidder shall carry public and property damage insurance which shall include bodily injury and accidental death to any person and subject at the minimum limits set forth below:
Public Liability $1,000,000.00 per person $2,000,000.00 per occurrence
Property Damage $1,000,000.00 per person $2,000,000.00 aggregate
- Comprehensive Automobile Liability Insurance
The Bidder shall maintain Comprehensive Automobile Liability Insurance Coverage in the amounts not less than the minimum limits set forth below:
Bodily Injury, including Death $1,000,000.00 per person
Property Damage $1,000,000.00 per accident
- Owner’s Protective Insurance
The Bidder shall obtain and maintain an owner’s protective insurance policy with the City of Eureka named as an “Additionally Insured” with liability limits not less than the minimum limits set forth below:
Bodily Injury, including Death $1,000,000.00 per person $2,000,000.00 per occurrence
Property Damage $1,000,000.00 per occurrence $2,000,000.00 aggregate
The Bidder covenants and agrees to release the City and any municipal partners from any and all liabilities of any kind or nature in which the rights, cause of action, or claim of any kind or nature whatsoever may hereafter accrue to the Bidder, its employees or agents, by virtue of the Agreement between the Bidder and the City. The Bidder further covenants and agrees to indemnify and hold the City harmless from any and all claims, rights or causes of actions or damages of every kind and nature whatsoever which may arise as a result of the Agreement between the City and the Bidder; and the Bidder shall defend or pay the cost of defense of the City arising by virtue of any claim or cause of action for damages. The Bidder agrees to pay any and all amounts which the City may be required to pay for damages or amounts which the City may be required to pay for damages or compensation connected with any claim arising by virtue of the Agreement between the Bidder and the City.
- Rights Reserved
The City of Eureka reserves the right to cancel all or any part of orders if shipment is not made as promised. The Bidder shall notify the City of Eureka if service cannot be made as promised. Shipments not made as promised may be cause for forfeiture of the performance bond.
- Contractual Incorporation
All conditions and specifications are incorporated by reference in any purchase order issued or contract signed. All pages of this bid must be returned in its entirety in the bid proposal, along with any deviations from the specifications noted on separate sheets.
- All or Part
The City reserves the right to award an order to the lowest aggregate bidder for one or both events, whichever is found to be in the best interest of the City of Eureka. If a split award is not acceptable to the Bidder, it must be stated in the bid response.
- Right to Reject Bids
The City reserves the right to reject any or all Bids and to waive any informalities in the Bid and to accept the Bid that, in the sole judgment of the City, will be in the best interest and/or most advantageous to the City and the citizens to be served.
- Criteria For Selection
All bids comparable to the preferred specifications will be evaluated based on the criteria below:
- The number, size and quality of shells proposed for the fireworks display, as well as the length of the display and ability to fully choreograph the display with music, a pyro-musical.
- Effectiveness of the proposed safety program for the fireworks display.
- Effectiveness of timetable proposed for the overall fireworks display process.
- Experience of the company in providing similar fireworks displays.
- Qualifications and experience of key personnel involved with designing and performing the fireworks display.
- Overall quality of the proposal.
- Ability of the company to meet or exceed the insurance requirements outlined in the Request for Proposal.