Loading...
HomeMy WebLinkAbout292540 WESTERN ENTERPRISES INC - CONTRACT - BID - 7492 FOURTH OF JULY FIREWORKSSERVICES 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 two (2) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence May 15, 2013, and shall continue in full force and effect until May 14, 2014, 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. 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. 4. Early Termination by City/Notice. Notwithstanding the time periods contained Services Agreement BID 7492 Fourth of July Fireworks Page 1 of 14 EXHIBIT B COMPENSATION ITEMIZED PRODUCT LISTING GRAND AERIAL• FINALES (l',200 ShelNXffl ects) 800.- SALUTE BATTERY (000 -.1.5" Heavy Reports) 50 - 2.5" RED FLOWER SHELLS 10,. 3" RED FLOWER'SHELLS 10'- 4'? RED FLOWER SHELLS 50'- 2.5" WHITE FLOWER SHELLS 40 3" WHITE FLOWERSHELLS- 10 - 4" WHITE FLOWER SHELLS 50'- 2.!�'BLUE FLOWER SHELLS, 40 - 3" BLUE FliOWERSHELLS 10 - 4" BLUE FLOWER SHELLS. 50 - 2.5" GOLD FLOWER SHELLS. 40 - 3" GOLD FLOWER SHELLS 30 - 4'! GOLD FLOWER SHELLS MULTI -SHOT BARRAGES"(2;200 Low-level effects) 2 - 160-SHOT BROCADE CROWN WATERFALL BOUQUET BARRAGES. (1 '6, for 2013: 200 - Golden Crown Fan Patterns in sky) 2 -100-SHOT SILVER TIME RAIN CROSS ETTE DARRAGES' (A'ervfar-.2013 200Silve"r'Crackling Crossettes,breakingla timed sequence) 2 - 100-SHOT PASTEL CROSSE_TTE BARRAGES (Neto for 2013: 200 Lime, Orange,-Pink,:Magenta, Violet; &:Coral Crossette:Shells), 2i- 600-SHOTREDAA'H1TElBLUE "Zipper" BARRAGES (1;200 - 1.5' Cometswcave.back & forth across the sky) 2.- 100?SHOT SILVER TO BLUE^"Zipper.•".COMET BARRAGES:(200 -- 1 5':Silver to Red Comets) 2 - 100-SHOT'BROCA Services Agreement BID 7492 Fourth of July Fireworks Page 10 of 14 TWO & ONE HALF INCH SHELLS1,240 Shells) 50— COLOR'& FANCY STAR SHELLS (Consisting of Ruby, Emerald, Pearl; Sapphire, Yellow '& Purple with Aluminum Flitters & Aluminum Twinklers) 80 — ORIENTAL FLOWER PATTERNS'(Consisting of.• Chrysanthemums; Peonies &:Dahlias) M.— PATTERN SHELLS (Consisfingof Rings, Crackling Flowers; Brocades, Kimuros, Halffl3alf Flowers„ete.) 60— PATRIOTIC DESIGNER SHELLS(Consisting Red.Crossettes, Blue Crossettes;. White Crossetles, Ruby & Sapphire Meteors, Red'.CracklingMeteors; Blue 'Crackling Meteors, Blue w/White Strobe Pistils, Red w/White Strobe.Pistils, etc.)' THREE INCH SHELLS (300 Shells), 40-TITANIUM SALUTES.(Fleavy repoiting,Bombs) 60.— ORIENTAL FLOWER PATTERNS:(Consisting of Chrysanthemums,: Peonies & Dahlias) 50 — COLOR &FANCY STAR SHELLS (Cottsiyhig of: Ruby, Emerald, Pearl, Sapphire, Yellow '& Purple with. Aluminum Flitters & Aluminun•_ Twinklers) , 30 _ SPECIAL EFFECT SHELLS (Consisting of: Whistles, Fish, Serpents & Tourbillions) 30— PATTERN SHELLS`(Consisfing of: Rings; HaIfiHAIf Flowers; Brocades,,Strobes,. Kimuros, Willows.& Spider Webs)" 3Q=NEW PATTERN,SHGLLS_(Conristinrol. Puiiisettia4Multi-C6lorwiusing tail, Silver Wave, 5iiillowf r wt Guryuoisi PiAlP v/silver tbil'. Silver Bo��nieyvired 'ringi: Chousand Butlerniev; end`Orange and.Purplc . ,Strobing Stars Brocade Ring w/purple pistil's; etc.) 10 = IYEW �P Services Agreement BID 7492 Fourth of July Fireworks iyw/Lenioni Pistils; C'ya eony, airys wpdttrduoise pistils, avid Orange etc:) Page 11 of 14 THREE INCH SHELLS (Continued) 30— SPECIAL-AlADE COMPTTL`rION SIIGLL$ (Corrsinine e) Long duration Color -Changing Willows, Silver Crown Kinturos, Color. changing Plumes, Long burning Solid color and Pastel color Octopus; Color Strobe PliuneS, Pixie DustWiIID%Vs WNW icga(ed,pistils.. Pastel -Color Plumes; Variegated Coconut Shells w/Strobing Pistils, etc.) FOUR INCH SHELLS (220 Shells) 35 —COLOR &FANCY STARSHELLS (Consistiirg of: Ruby, Emerald, Pearl, Sapphire, Yellow & Purple with Aluminum Flitters & Aluminum Twinklers)' 35 — PATTERN SHELLS (Consisting of. Rings,,Half/Half Flowers,.Brocades, Silver Strobes, Gold Strobes, Kimuros, Purple Palm, Trees, Green Palm Trees, Willows, Spider Webs, Gold Palms, Silver Palms etc.) 45'- ORIENTAL FLOWER PATTERNS (Conslsting:of. Clirysanthemums; Peonies ,& Dahlias) 35r NEW TATTERN'SHELLS (_Coricisdire of.'PoinsettiaMulti-Color.w/rising tdil, Silver Wave, S hfl6 wer Rinew/Tuntuoisc pistil i'visihci tail,.SilvU Wasps, Bowtic,w.rred.Hhg, TlioustndButterflies, and Cirange and'Ourple, Strobing;StariBrocnde Bing w/purplcpistils,:ctci) 35 =NEW%PASTEL;EFFEC�,SHELL'S (Gorrsislinen(:" Lynn I?conyw/Lemon Pistils (ynii`PeLony, w/Peach'pistils;:Ldnion'Chrys<w;cyan pistils, Magenta Chrys' v/aqua•pistits,-Wagentathrys w/tourytioise_ pistils, andOrange. Chrys w/magenfa pistils, etc.) 35—SPECIAL-MADE COMPETITION SHE L.LS`(fortrisririe.nf: Congduration'Color-Clitmping . Willows, Silver Crown Kiniuros,'Color-clanging Plumcs, Long burning Solid color and Pastel color Octopus, Color Strobe Plumes, Pixie Dust Willows w/variegated pistils, Pastel -Color Moines, Variegated CuconutShells w/Strobing Pistils, etc.) Services Agreement BID 7492 Fourth of July Fireworks Page 12 of 14 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 - - - - $19, 000.00 Services Agreement BID 7492 Fourth of July Fireworks Page 13 of 14 EXHIBIT C 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 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. Services Agreement BID 7492 Fourth of July Fireworks Page 14 of 14 ACORO® CERTIFICATE OF LIABILITY INSURANCE 6/14/2013 DATEY Y1 13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 endorsements . PRODUCER Britton Gallagher One Cleveland Center, Floor 30 1375 East 9th Street CONTACT NAME: PHONE FAX E.t:21 - - 1 8Lc Ne1:216- 5 - E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Cleveland OH 44114 INSURER A:L X INSURED INSURER B :GtaDfte $SateJr surarlce_Co, INSURERC:Maxum Indemnity Company 6743 Western Enterprises, Inc. INSURER O: 13513 W. Carrier Road Carrier OK 73727 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 18539008 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 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 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE IINSR WVD POLICY NUMBER MMI�OYEFF MMIO�YIYYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 1619930-05 2/15/2013 r1/15/2014 EACH OCCURRENCE $1,000,000 DAMAGE ToX PREMISES Ea ecevnence $50,000 MEDEXP An one arson $ PERSONAL INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GI AGGREGATE POLICY LIMIT APPLIES PER: [R7 PRO- I PRODUCTS - COMPIOP AGG $2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X gUTOS -O CA938359411 15/2013 15/2014 COMEe 81NED SINGLE LIMIT 1 000 000 X BODILY INJURY Per person) S BODILY INJURY(Peracdtlent) S X Per acciden DAMAGE $ Is C UMBRELLA LIAR EXCESS LIAR X OCCUR CI -MADE EXC6018292 2/15/2013 �15/2014 EACH OCCURRENCE S4D00,000 X AGGREGATE s4,000,000 DIED RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YINORYL ANY PROPRIETORIPARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If Y desnlhe user DESCRIPTION OF OPERATIONS below NIA VrC STATU- OTH- E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT I S DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mom space Is required) Additional Insureds: City of Fort Collins; Poudre Fire Authority & its Officers, Agents and Employees I I - 4th of July Fireworks Display Date: July 4, 2013 Location: City Park; Fort Collins, CO CERTIFICATE Cityy of Fort Collins P.0 Box 580 Fort Collins CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEEDD/ REPRESENTATIVE �ASILK� ©1988-2010 ACORD ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD rights reserved. PIMIVACOL ASSURANCE February 1, 2013 Policy #: 2218422 ITEM 1. INSURED Western Enterprises P O Box 60 Carrier, OK 73727 ITEM 2. POLICY PERIOD: FROM: 02/01/2013 TO 02/01/2014 12:01 A.M. MOUNTAIN STANDARD TIME 7501 E Lowry Blvd Denver, CO 80230-7006 303-361-4000 / 800-873-7242 www.pinnacol.com SP/.00 ITEM 3. A. Workers' Compensation Insurance: Part One of the policy applies to the workers' compensation law of the states listed here: COLORADO B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3 A. The limits of our liability under part two are: BODILY INJURY BY ACCIDENT $500,000 EACH ACCIDENT BODILY INJURY BY DISEASE $500,000 EACH EMPLOYEE BODILY INJURY BY DISEASE $500,000 POLICY LIMIT C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: NONE (Please contact Pinnacol Assurance for information on coverage outside the state of Colorado) D. This policy includes the attached endorsements and schedules: 412 Debit/Credit Contingent/ Exp. Mod. Factor 511 Other State Endorsement CAT09 Catastrophe (Other than Certified Acts of Terrorism) TER09 Terrorism Risk Insurance Program Reauthorization Act ITEM 4. We will determine the premium for this policy by our manuals of rules, classifications, rates and rating plans. All information required below is subject to verification and change by audit. The statements of estimated advanced premium are also a part of this policy. 7501 E Lowry Blvd Denver, CO 80230-7006 Page 2 of 6 P U8408 - 02/01/2013 19:35:20 2218422 38035386 P4ALL 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: Copy to: Service Provider: City of Fort Collins City of Fort Collins Western Enterprises Inc Attn: Purchasing Attn: Marshall Thornberry Attn: Sarah Pecke PO Box 580 PO Box 580 PO Box 60 Fort Collins, CO 80522 Fort Collins, CO 80522 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, Nineteen Thousand Dollars ($19,000) as per the attached Exhibit "B", consisting of four (4) pages, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided 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 Services Agreement BID 7492 Fourth of July Fireworks Page 2 of 14 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 Services Agreement BID 7492 Fourth of July Fireworks Page 3 of 14 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. 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 C, 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 Services Agreement BID 7492 Fourth of July Fireworks Page 4 of 14 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. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department Services Agreement BID 7492 Fourth of July Fireworks Page 5 of 14 Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Services Agreement BID 7492 Fourth of July Fireworks Page 6 of 14 CITY OF FORT COLLINS, COLORADO a municipal Lration By: p Gerry S. Paul Director of Purchasing and Risk Management Date: ��/I� WESTERN PRINT -NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: (o - m -.) 013 ATTEST: (Corporate Seal) CORP-9 T SE ARY Services Agreement BID 7492 Fourth of July Fireworks Page 7 of 14 EXHIBIT A SCOPE OF WORK 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 cleanup 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 cleanup of the fireworks display. The crew shall arrive at least thirty-six (36) hours prior to the event. The Crew Chief of Parks shall be contacted at least forty-five (45) days prior to the event with the name of the pyro technician responsible for shooting the show. Further, it shall be the responsibility of the pyro technician 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. 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, Services Agreement BID 7492 Fourth of July Fireworks Page 8 of 14 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. 14. Budget and Show Content: The budget for past years has been $19,000 per year for 20 minute show. The 2013 budget is approximately $19,000. 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. 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. Services Agreement BID 7492 Fourth of July Fireworks Page 9 of 14