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HomeMy WebLinkAbout292540 WESTERM ENTERPRISES - CONTRACT - BID - 5772 FOURTH OF JULY FIREWORKS ANNUALSERVICES 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 Western Enterprises, Inc., hereinafter referred to as "Service Provider". WITNESSETH: 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 five (3) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence April 15, 2003, and shall continue in full force and effect until April 14, 2004, unless sooner terminated as herein provided. In addition, 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 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 prior to contract end. 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. SA 10/01 1 A RD„ CERTIFICATE OF LIABILITY INSURANCE 4/07 M/D°YY, 04/07/03 PRODUCER 1-440-248-4711 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton -Gallagher s Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6240 SOM Center Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Solon, OR 44139 INSURERS AFFORDING COVERAGE ERIC TREEND INSURED INSURERton Insurance Company Western Enterprises, Inc. — A:Lexing---- _ NSURERB: Granite State Insurance Co. P.O. Box 60---. --- -- INSURER C'. Carrier, OK 73727 INSURERD: GUVtKAULb THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Il SRJlip POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE ! POLICY NUMBER LIMITS A GENERAL LIABILITY 2159407 02/01/03 ! 02/01/04 EACH OCCURRENCE S 1000000 FIRE DAMAGEon,lire) X COMMERCIAL GENERAL LIABILITY $50000 CLAIMS MADE (OCCUR MED EXP (Any one person) XP(Any one person) $ PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE S 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 POLICY PRO- LOC B AUTOMOBILE LIABILITY ICA93835941 02/01/03 02/01/04 j COMBINED SINGLE LIMIT $ 1000000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY il$ SCHEDULED AUTOS (Per person) HIREDAUTOS j I'-- BODILY INJURY $ ( NON -OWNED AUTOS (Per accident) -- -- --—----------I' PROPERTY DAMAGE S (Per accident GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ -- —..- AUTO ONLY: AGG $ A EXCESS LIABILITY 5642422 02/01/03 02/01/04 EACH OCCURRENCE $ 4000000 OCCUR CLAIMS MADE AGGREGATE $ 4000000 DEDUCTIBLE $ X RETENTION S10000 WORKERS COMPENSATION AND WC OTH- TORY LIMITS ER LIMIT EMPLOYERS' LIABILITY EL_EA_CH ACCIDENT $ __ I E.L. DISEASE - EA EMPLOYEE - - $ ',. EL DISEASE -POLICY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ADDITIONAL INSUREDS: CITY OF FORT COLLINS & ITS OFFICERS,AGENTS AND EMPLOYEES L IryJV RC V�IryJVRCR LCI ILR: {.rM1YliCLLM I"IN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS DATE THEREOF, THE ISSUING INSURER WILL 41bUl(WY4MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, S(MIFIDKi9X9XI1Z1MO SHALL ,TAMES B. O'NEILL P.O BOX 580 XI%tXM�LCXLS�(9{3Gt�WtXW'r�lX]L➢4YIK}f'�F7t3txAiii�c1Y114K7[A5Lc77�5Y+1GNdl4UEiICXy.S'614ll.`1CM1C9�31R xmrafa7&mwrvxKxxxXXXxxxxxXXXXXXXxxxxxxxxxXXXXXXXxxxxxxxxXX FORT COLLINS, CO 80522-0580 AUTHORIZED REPRESENTATIVE USA ACORD 25-S (7/97) annas O ACORD CORPORATION 1988 1028369 cat a/a/vs •P1me1 1V109 AM Tot 14 915BU-855-2205 Plrracol Assurance Page( 002-003 R l LJ w 4..Ci�C.R L x✓ �`u £ : #.r R�xJ.+.. A.... .8 V IITANIV PRcoucee THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO-RVfATION ONLY Pinnacol Assurance AND CONFERS NO RIGHTS UPON THE CERTIFICATE E HOLDER. THIS 7501 E Lowry Blvd CERTIFICATE DOES NOT AMEND, EXTEND 0-R ALTER THE COVERAGE DENVER CO 80230-7005 AFFORDED BY THE POLICIES BELOW. _ COMPANIES AFFORDING COVERAGE MPA+Y A Pinnaco! Assurance INSUPED WESTERN ENTERPRISES, INC. ' MIPA\Y B 3207 S. IDALIA nMPANY AURORA CO 8-9013 C MPANY D a4lxae�Es TIES IS TO CEX11FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RBQL7REM ENT', TERM AND CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANT./ CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE. BEEN REDUCED BY PAID CLAIMS. CO TYPE OP!NSURANCE POLICY NJM3EP. 'CLCf EFFEC'iVE POLI:-1' ERPIL.T'^N �J LIMITS DATE(r. r✓:tl; t'^: ❑AT rutiCe/r n•' CE\ERALL RIUTV OENFALAOJSE3,Te COMMERCIAL OEN F➢ IJARILITY ❑ PROS CCNINDFAGO FERSONAL & ADV INi URY C.AIM.E MADE OUR EAZH OGUR2NC£ CWNER S a MN7. RACIOR'S PRO. PIKE DAMAGE (Aw an £ICJ MED EXP h wr AUTOMOBILE LIABI= ANY AIJT C COMBINED SINGLE LIMIT iOCILY IN;'URY _ AL'_ C NED A!TTOS ecHEnm.EDA(iros :AIPERA IOi 3OOIL1' iNNRI' NON-CMTIEC AV CS 1 I CAW A(:E LIARIIJI'1' nUFO DNL l' EA 4(2]U[NI A.NY ALRC OTHFA THAN AU'OONLY: AGG:.EGAiE IX!'ESS LWBIUtY FA?:OCURRENI'E :IhIFRE:IA FORM A.000.EGATE H . THAN LIMBREL(A FOF.M WOR14LCA9 COMPENSATION ANO y li:^irw'u- OTHEP', EMPLOYERS' LIABILITY TORY UMI:TS A- 2218422 CA 01,2003 02IC1,/2004 EL �,a-IAcr]DEWr $5(0.0(I_ '.'HEPRCPft1ETDILIPAiTNBMS ING ELDISEASE POU LIMIT $5UO UUO =XECLTIVE OiEICFRi ARE' EXLL ELDISEASE EA EMPLOYEE 5COWO OTHER DFSCRIM ION OFOPERATIONS/1-OCATIONS,VMICIFS!SPFLIAL"lNK 9FF, BACK OF CERTIFICATE FOR CLASS COVERAGE A'iD OWNERSHIP COVERA ,F: IIETAH. . tFttCaTEoxaa89R:... 6S 165 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF.ETRY- THE CITY OF FORT CCLLINTS EXPIRATION DATE THEREOr, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATN: JAMBS B O'NEILL Q _ DAYS WRITTEIJ NOTICE TO THE CERTIFICATE. HOLDER NAMED TO THE LEFT, PD BOX SRO 31IT FAILURE TO MAIL. SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR FORT COLLINS CO 30522 :jABILITY OF ANY HIND UPON THE CONIPAn ITS AGEN FS OR RFPRESE_N t AI:VES.� AUT-10RIZED REPRESENTATIVE AbmI IIYI Tomas ;, _. Cndrlwnter / 22IM22 ::1L/L961R;Y:N 11:35 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: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Service Provider: Western Enterprises, Inc. P.O. Boxt#loO Carrier, OK 73727 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, the sum of Fifteen Thousand Dollars ($15,000.00). 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 under this 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. SA 10/01 2 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. 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 of ten (10) days within which to cure said default. In the event SA 10/01 3 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. 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. SA 10/01 4 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. CITY OF FORT COLLINS, COLORADO a munic' al corporation By: ` Jame B. 'Neill ll, CPPO, FNIGP Direct f Purchasing and Risk Management Date: � IJ % Lo e,1(� f�T CORPORATE PRESIDENT OR VICE PRESIDENT Date: LI- q- W) AT ST: (Corporate Seal) CORPVRATE SECRETARY SA 10/01 5 EXHIBIT A Specifications: 1. Weather Conditions The fireworks display, shall be ready to start on July 4th at 9:30 p.m. and last for a 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 Manager of Parks, Bob Loeven, 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 Manager of Parks at least thirty (30) days prior to the event to discuss any issues that need to be finalized. 3. Shootino 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. 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. SA 10/01 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 prior to the scheduled commencement time of 9:30 p.m. The motor tubes must be set, backfilled, and ready for inspection twenty-four (24) hours prior to the scheduled commencement time. 9. Clean-up: 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. 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. SA 10/01 2 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 $12,000 per year. The 2003 budget is approximately $14,000 to $16,000. 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. SA 10/01 3 EXHIBIT B INSURANCE REQUIREMENTS 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 per accident, $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.