HomeMy WebLinkAbout292540 WESTERN ENTERPRISES INC - CONTRACT - BID - 6093 4TH OF JULY FIREWORKSSERVICES AGREEMENT
THIS AGREEMENT made and entered into the dayand yearsetforth below byand 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 Ten (10) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence upon signing, and shall continue
in full force and effect until March 31, 2009, 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.
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
M
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TO:
CITY OF FORT COLLINS PURCHASING MANAGER
EVENT:
FORT COLLINS, COLORADO 4TH OF JULY SPECTACULAR
DATE:
JULY 4, 2008
PAGE:
ONE
PROPOSAL
FIREWORKS DISPLAY PRODUCTION
JULY 4, 2008 FORT COLLINS, COLORADO
The information contained in this proposal is deemed to be confidential, and is provided
for the sole use of the Awarding Committee for the CITY OFFORTCOLLINS4TIIOF
JULYFIREWORKS PRODUCTION. All efforts should be made to mointain flip
1. PURPOSE. Western Enterprises, Inc. is pleased to provide the following proposal for
(lie presentation of a pyrotechnic display to be held in conjunction with the City of
Fort Collins 4th of July festivities.
2. FIRING LOCATION. The fireworks will be fired from an peninsula on the west
side of Sheldon Lake in City Park.
3. PLANNING CONSIDERATION. The following criteria is being considered as topics
which pertain to the overall success of this production.
a. Duration. The duration of the program is scheduled to be approximately 20
minutes.
Western Enterprises, Inc.
110 Box 00; Carrier, OK 73727
1.800-375-2204
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b. Musical accompaniment. The program is to be choreographed to a special music
score. Western Enterprises, Inc, will provide the City of Fort Collins with a musical
arrangement that is appropriate to the theme of the event. This music is produced in our
in-house digital music studio and is provided to the client at no additional charge. It is
the responsibility of the Sponsor to provide a means of transmission of the music to the
technician who is in charge of the fireworks display. This "means of transmission" is
normally done either by a marti-wireless or hard-line.
c, Permits. We understand that it is the responsibility of Western Enterprises, Inc. to
Procure necessary permits, whether state, local or city.
d. Preliminary meetings. If awarded the contract for this event, Jim Burnett of Western
Enterprises will meet with the principals of the City of Fort Collins Fireworks Committee
to make early arrangements for planning the program particulars including logistics,
music selection/coordination, etc. This meeting is extremely valuable for all parties
involved and should be followed -up by more conversations to keep everyone "in the
loop"
e. Labor. Western Enterprises, Inc. will employ the services of experienced Colorado
licensed technicians to be in charge of your production. The primary technician(s) in
charge will be Mr. Kevin Brown who is a resident of Fort Collins. Mr. Brown is also
very familiar with the venue there since he has been tiring the pyrotechnic performance at
Fort Collins for several years. Ile has over 20 years. Mr. Brown has completed
Pyrotechnic Operator training courses from Western Enterprises, and has also attended
Operator training in PGI as well. Mr. Brown will be providing his crew to assist in the
set up and firing of the pyrotechnics. All of these technicians are frilly knowledgeable in
handling electronically fired displays and are familiar with staging pyrotechnics to music.
f. Insurance. All insurance requirements will be provided; $5,000,000 per occurrence
for Broad Form, Contractual, Bodily Injury and Property Damage (Additional insureds
included); Colorado Worker's Compensation Coverage on Western [enterprises, Inc.
technicians, and $5,000,000 Coverage on Western Enterprises, Inc. vehicles which haul
explosives.
g. Delivery/Security. Through the past few years, the Poudre Fire Department allowed
our truck to be parked in a designated parking lot. We hope this arrangement will still be
allowed,
"I'lease Note: It is the responsibility of tare Sponsor(s) to keep spectators and
automobiles away from the firing site by the safety distance factors, which are prescribed
by law.
Western Enterprises, Inc.
PO Box 60; Carrier, OK 73727
1.800-375-2204
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4. 'TIMETABLE. The following is a preliminary timetable of scheduling for specific
particulars of this event.
a. Preliminary Meeting. (After awarding of contract, conducted by March 20, 2008)
Purpose of this meeting is to establish safety distance factors, other logistical
considerations, music, sct-up, security, etc.
b. Music determination. (NLT May 1, 2008) This, is to allow time for choreography.
e. Delivery and set-up. Fireworks will not be on site uttlil July 4th. However, as stated
the pyrotechnic crew will arrive no less than 36 hours prior to the staging of the event to
ensure adequate time to set tip the equipment and "drop" the pyrotechnics prior to the
production. Please remember that it is the responsibility of the Sponsor(s) to keep
spectators and automobiles away from the firing site by the safety distance factors, which
are prescribed by law.
5. GENERAL OVERVIEW OF PERFORMANCE. Western Enterprises, Inc. is honored
to have the opportunity to submit this proposal to the City of Tort Collins for their 4th of
Judy production. It is the intent of out, client to create a memorable moment for their
community, having made a commitment to double the budget for JOLY 4, 200& With
this strong level of commitment Western Enterprises is dedicated to creating an evening
of pyrotechnic magic" for your audience.
This year's perfornrance will showcase a myriad of pyrotechnic shells and devices,
providing a powerful cross-section of large, dynamic aerial shells. This allows the
pyrotechnic choreographer to design what is called multiple "layering" of the same shell
that fire simullarneoasly into the sky i.e.; Golden Silk Brocades in 2.5", 3" & 4" size
which break at elevations from 200-feet to 500-feet creating breath -taking moments.
These types of `layering" portrayals will be seen throughout the program.
We look at this year's production to showcase some new designer shells that have been
produced by our own manufacturing division, Skyworks, LTD. such as; lush lilies of
purple, red, green, white and even pink "Strobe Shells", and new varieties of Crackling
Color Crossetles. Of course, there will be a wide cross-section of"rod, white and blue"
shells that will blend and compliment the music including; Red and Blue "Bee shells"
that are quite animated, Red and Blue Meteor Willow shells which spread majestically
like giant umbrellas, while Red, White and Blue Crossettes will split into multiple color
tentacles to delight your audience,
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As always, this performance will portray specialized products from our manufacturing
arm, Skyworke U1. Magnesium colored Comets leave shimmering tra.ils of Titanium
Gold and Silver, while casting a brilliant glow of Red, Green, Yellow or Blue at the top.
This means that actual Rising Red Comets are used during the "Rockets red glare"
portion of the National Anthem. Brilliant cascading Plume shells will break softly in a
slow are while draping downward while large complimenting color mums and peonies
break above.
We have also included in this program some multi -shot Barrages (1.5" - 2" Diameter
shells), which will be used at a specific time in the performance to create a "multi -
tiering" effect during the program.
True pyrotechnic choreography and synchronization to a music demands that all shells
are "back -timed" to fine at the appropriate time and break in the sky at the exact time
during the music. To also help facilitate this, it is imperative that the Sponsor provide a
means of transmission to "feed" the command cues to the pyrotechnic operators who are
firing the fireworks. It is the responsibility of the Sponsor to provide this means of
transmission.
"GRAND FINALE SEQUENCE "
As the production progresses to its conclusion, the "GRAND AERIAL FINALE" will be the
most dramatic portion of the: entire production, The Grand Finale will be fired in a specific
color -coordinated firing sequence. This type of firing actually distinguishes color separation,
instead of a variegated "chaotic blur". The Finale will be fired in the following progression.
800-SALUTE 13ATTERY (800 - Heavy Report Shells)
50 - 2.5" RED FLOWER SHELLS
40 - 3" RED FLOWER SHELLS
15 - 4" RED FLOWER SHELLS
50.2.5" WHITE FLOWER SHELLS
40 - 3" WHITE FLOWER SHELLS
15.4" WHITE FLOWER SHELLS
50 - 2.5" 13LUE FLOWER SHELLS
40 - 3" BLUE FLOWER SHELLS
15 - 4" BLUE FLOWER SHELLS
50 - 2.5" GOLD FLOWER SHELLS
40 - 3" GOLD ROWER SHELLS
15 - 4" GOLD FLOWER SHELLS
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ITEMIZED PRODUCT LISTING
GRAND AERIAL FINALES (1,220 Shells/Effects)
800-SALUTE BATTERY (800 - 1.5" Heavy Reports)
50 - 2.5" RED FLOWER SHELLS
40 - 3" RED FLOWER SIIELLS
15 - 4" RED FLOWER SHELLS
50 - 2.5" WHITE FLOWER SHELLS
40-3" WHITE FLOWER SHELLS
15 - 4" WHITE FLOWER SHELLS
50 - 2.5" BLUE FLOWER SHELLS
40 - 3" BLUE FLOWER SHELLS
15 - 4" BLUE FLOWER SHELLS
50 - 2.5" GOLD FLOWER SHELLS
40 - 3" GOLD FLOWER SHELLS
15 - 4" GOLD FLOWER SHELLS
MULTI -SHOT BARRAGES (2,57 0 Low-level effects)
2 - 150-SHOT HAPPY STAR BARRAGES (300 - 1.5" Gold Crackling Report Shells)
2 - 100-SHOT SILVER TO RED "Zipper" BARRAGES (200 - 1.5" Comets weave back
And forth across the sky)
2 - 150-SHOT RED CROSSETTE BARRAGES (300 - 1.5" Red Crossette Arms)
2 - 600-..SHOT RED/WHITE/BLUE "Zipper" BARRAGES
(1,200 - 1.5" Comets weave back & forth across the sky)
2 - 150-SHOT SILVER TIGER TAIL BARRAGES (300 - 1.5" Silver Comets)
2 - .100-SHOT YELLOW & PURPLE BARRAGES (200 - 1.5" Yellow & Purple Comets
Weave back and forth across the sky)
2 -35-SHOT SILVER FLOWER BARRAGES (70 - 2" Silver Flower Shells)
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TWO & ONE HALF INCH SHELLS (240 Shells)
120 - SKYWORKS COMETS (Magnesium Red, Green, Blue, Yellow and Purple with rising
Titanium ,rails)
80 - ORIENTAL FLOWER PATTERNS (Chrysanthemums, Peonies & Dahlias)
40 - PATTERN SHELLS (Consisting of: Rings, Crackling Flowers, Brocades, Kinnrros,
half/Half Flowers, etc.)
THREE INCH SHELLS (310 Shells)
50 - TITANIUM SALUTES (Heavy reporting Bombs)
75 - SKYWORKS COMETS (Magnesium Red, Green, Blue, Yellow and Purple with rising
Titanium'rails)
75 - ORIENTAL FLOWER PATTERNS (Chrysanthemums, Peonies & Dahlias)
50 - COLOR & FANCY STAR SHELLS (Consisting of: Ruby, Emerald, Pearl, Sapphire,
Yellow & Purple with Aluminum Flitters & Aluminum Twinklers)
30 - SPECIAL EFFECT SHELLS (Consisting of: Whistles, Fish, Serpents & Tourbillions)
30 - PATTERN SHELLS (Consisting of: Rings, Half/Half Flowers, Brocades, Strobes,
Kimuros, Willows &. Spider Webs)
FOUR INCII SHELLS (225 Shells)
50 - COLOR & FANCY STAR SHELLS (Consisting of: Ruby, Emerald, Pearl, Sapphire,
Yellow & Purple with Aluminum Flitters & Aluminum Twinklers)
50 - PATTERN SHELLS (Consisting of: Rings, Half/Half Flowers, Brocades, Silver Strobes,
Gold Strobes, Kimuros, Purple Palm Trees, Green Palm'1'rees, Willows,
Spider Webs, Gold Palms, Silver Palms etc.)
75 - ORIENTAL FLOWER PATTERNS (Chrysanthemums, Peonies & Dahlias)
50 - DESIGNER DELUXE. SHELLS (New for 2003: Consisting of: Strobing Plumes,
Red Bees, Blue Bees, Red Crossettes, Blue Crossettes, Silver Crossettes, Purple Strobes,
Clustering Strobes, Kaleidoscope, Brocade w/crackling tips, etc.)
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MATERIALS & EQUIPMENT
ALL MORTARS, RACKS AND ELECTRONIC FIRING SYSTEMS ARE PROVIDED WITH
THIS PROGRAM, AND ARE THE PROPERTY OF WESTERN ENTERPRISES, INC.
INSURANCE ON DISPLAY
$5,000,000 BROAD FORM, CONTRACTUAL, PROPERTY DAMAGE AND BODILY
INJURY COVERAGE (All additional insureds included)
COLORADO STATE WORKER'S COMPENSATION COVERAGE ON ALL
WESTERN ENTERPRISES, INC. TECHNICIANS
$5,000,000 AUTO LIABILITY COVERAGE ON VEHICLES WHICH HAUL
EXPLOSIVES
TOTAL, CONTRACT DELIVERED PRICE - - - - $18,000.00
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16
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 $500,000 combined single limits for bodily injury and property
damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under this
Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY)
PRODUCER Phone: 440-248-4711 Fax: 440-248-5406
Britton -Gallagher and Associates, Inc.
6240 SOM Center Rd.
Cleveland OH 44139
INSURED
Western Enterprises, Inc.
13513 W. Carrier Road
Carrier OK 73727
Ld.JL3C46]W.
THIS CERTIFICATE IS ISSUED AS A MATTER OF
ONLY AND CONFERS NO RIGHTS UPON THE
HOLDER. THIS CERTIFICATE DOES NOT AMENC
INSURER E:
COVERAGE
END OR
BELOW.
NAIC #
THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 'PHIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR 00'L1 - -- _..1_ POLICY EFFECTIVE FrOLICY EXPIRATION'
LTR POLICY NU MEER LIMITS
A
GENERAL LIABILITY
1619930
2/15/2008
2/15/2009
EACH OCCURRENCE
000, 000
DAMAGE TO RENTED—
_$_l "--
X _COMMERCIAL GENERAL LIABILITY
PREMISES fEa occurence)
000
l
_J CLAIMS MADE (X._I OCCUR
MED EXP (Anyone person)
__S50,
$
PERSONAL&ADV INJURY
S1 00 Q. _000
__j
GENERALAGGREGATE
S2, OOO,,OOO
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMP/OP AGG
$2, 000 000
Policy X 20-i LOC
B
AUTOMOBILE
LIABILITY
CA93835946
2/15/2008
2/15/2009
COMBINED SINGLE LIMIT
X
ANVAUTO
(Eaaccme,d)
$ 1, 000, 000
ALL OWNED AUTOS
SODR U V
S
SCHEDULED AUTOS
(Per personrsop )
X
HIRED AUTOS
1 BODILY INJURY
X._
NO OWNEDAUTOS
(Peraccitlenl)
$
PROPERTY DAMAGE
$--
(Peraccitlenl)
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
$
_...
ANYAUTO
O THERTHAEAACC
$
AUTO ONLY: qGG
$
C
EXCESSIUMBRELLA LIABILITY
ULP0004577
2/15/2008
�2/15/2009
EACH OCCURRENCE
0.00 0pp__
X_1 OCCUR F-J CLAIMS MADE
_
,$,4,
AGGREGATE _ _
$ 4, 000,_000
DEDUCTIBLE
$
X RETENTION $10 000
S
WORKERS COMPENSATION AND
WCSTATU- OTH-
TORVLIMITS @g,_
EMPLOYERS'LIABILITY
LIABILITY
ANYPROERS'
RIE%ECUTIVE
j
EL EACH ACCIDENT
S
OFFICE RIMEMDER EXCLUDED?
EL DISEASE -EA EMPLOYEE
$
under
-
SPECIAL PROVISIONS below
SyEC IAL PRO
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P
E.L. DISEASE - POLICY LIMIT
$
OTHER
I,
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Additional Insureds: City of Fort Collins & its Officers, Agents and Employees
id# 6093 - 4th of July Fireworks
Display Date: July 4, 2008
Location: City Park; Fort Collins, CO
City of Fort Collins
P.O Box 580
Fort Collins CO 80522-0580
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE. TO DO SO
SHALh IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
the following addresses:
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Service Provider:
Western Enterprises, Inc.
Attn: James Burnett
PO Box 60
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, Eighteen Thousand Dollars ($18,000.00).
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.
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 of ten (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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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 Employing 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 bythe United States Departmentof 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 Contractor shall 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.
ATTEST:
61
CORPORATE SECRETARY
CITY OF FORT COLLINS, COLORADO
a municipal corporation
James/B. O'Neill 11. CPPO. FNIGP
Directdr,�f Purchasing and Risk Management
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: y-h -(JS
(Corporate Seal)
SA rev06/07
0
EXHIBIT A
SCOPE OF SERVICES
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.
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.
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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 beat 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 beset, 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.
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.
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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.
M
SA rev06/07