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1b. 2911 Fourth of July Fireworks Contract CITY OF MEMORANDUM CHANHASSEN Jerry Ruegemer, Recreation Supenntendent 7700 Market Boulevard FROM: John W. Stutzman, Recreation Supervisor 1,0-S (,ez_ PO Box 147 Chanhassen, MN 55317 DATE: March 28, 2011 6 Administration SUBJ: 2011 Fourth of July Fireworks Contract Phone: 952.2271100 Fax: 952.2271110 Building Inspections PROPOSED MOTION: Phone: 952.2271180 Fax: 952.2271190 "The City Council awards a three -year contract (2011 -2013) to Pyrotechnics Display, Inc. for the provision of Fourth of July fireworks in the amount of $23,000 Engineering per year, including the addendum prepared by the city attorney." Phone: 952.2271160 Fax: 952.2271170 Approval requires a simple majority vote of the City Council. Finance Phone: 952.2271140 Fax: 952.2271110 In preparing for the upcoming Fourth of July Celebration, quotes were solicited for the Park & Recreation 2011 fireworks show. Based on the city's $23,000 annual budget, companies were Phone: 952.2271120 Fax: 9522271110 asked to submit three -year proposals that best meets the expectations of the community. The attached RFP specified the length of the show, use of an electronic computer firing Recreation Center system, inclement weather back -up procedures, safety zone requirements, equipment 2310 Coulter Boulevard and product secunty, etc. Phone: 952.2271400 Fax: 952.2271404 Quotes were received from Precocious Pyrotechnics, Inc.; Premier Pyrotechnics; and Planning & Pyrotechnics Display, Inc. After reviewing the quotes, all companies met the Natural Resources specifications and are offering quality shows with an opening body, main body, and Phone: 952 2271130 grand finale. Two companies, Premier Pyrotechnics and Pyrotechnics Display, Inc., Fax: 952.2271110 offered a pre - finale teaser, which is a unique feature that truly adds to the show. Additionally, Pyrotechnics Display, Inc. offers significantly more 6, 8 and 10 -inch Public Works shells and a bonus of 15% more product (valued at $3,450) that will be added to the 7901 Park Place show in the third year of the contract. Phone: 952.2271300 Fax: 952.2271310 Pyrotechnics Display, Inc., has been the primary provider of 4th of July fireworks shows Senior Center in Chanhassen for more than 25 years. Staff has confidence in the safety and quality of Phone: 952.2271125 their products, their lead technician, and their event staff. Fax: 952.2271110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Jerry Ruegemer March 28, 2011 Page 2 PARK & RECREATION COMMISSION UPATE (3- 23 -11) Due to the lack of a quorum, the Park and Recreation Commission meeting for March 22, 2011 was cancelled. Since this is a time sensitive contract, this item has been moved forward to the City Council. RECOMMENDATION Staff recommends that the City Council approve the three -year Fourth of July Fireworks contract (2011 — 2013) with Pyrotechnics Display, Inc., including the addendum prepared by the city attorney, in the amount of $23,000 per year. This amount is included in Fund 1600 of the budget. The 2011 fireworks display will take place on Monday, July 4 at 10 p.m. at Lake Ann Park. ATTACHMENT 1. Request For Proposals 2. Quotes 3. Contract with Pyrotechnics Display, Inc. 4. Addendum Prepared by City Attorney. g: \park \4th\2011 \fireworks memo cc 3- 28- 11.doc CITY OF CHANHASSEN REQUEST FOR PROPOSAL AND QUOTE The City of Chanhassen is seeking a licensed Pyrotechnical Professional for the fireworks display at the July 4 2011 -13 celebrations at Lake Ann Park. Quotes are due by Monday, March 14, 2011, by 12:00 p.m. The City of Chanhassen reserves the right to accept or reject any bid as is deemed to be in the best interest of the City. ISSUING OFFICE The RFP is issued by the City of Chanhassen Parks & Recreation Department. All correspondence regarding the RFP should be addressed to: John W. Stutzman, City of Chanhassen, 7700 Market Blvd., P.O. Box 147, Chanhassen, MN 55317. Any repairs or restorations required on or outside the property limits due to the Contractor's carelessness shall be repaired by the Contractor at their expense. Property, as determined by the City of Chanhassen. Scope of Work and Specifications A. Display must be a minimum of 20 minutes in length and not exceed 21 minutes. B. Display should consist of a broad spectrum of product providing a balanced assortment of shells. C. Display presentation must be staffed and executed by trained and licensed personnel in pyrotechnics. D. Shells selected should be of the best quality from a variety of foreign and domestic producers. Display should include a spectrum of styles, patterns and sound effects. E. Display should include an opening segment, a main show body with good themes and style, a mid - show barrage, a pre- teaser finale, and close with a distinct grand finale. F. All shells must be fired with an electronic computer firing system. There should be no gaps of time between shells, good display pacing, multiple firing, tailed affect and a choreographed control of the display execution. G. Shells shall not exceed 10" in diameter as the safety zone is 750' from spectators. H. Contractor must agree to be available for display on back -up date generally on July 5, of each contracted year. The specific date will be identified in the Contract for Services. I. In the event the display is canceled for any reason, contractor is responsible for securing product and equipment in the staging area. Contractor is also responsible for providing security needed for equipment, product and staging area until the display is executed on the back -up date. J. City will barricade "Drop zone" area and determine staging location. K. Staging area for firing display will be ready for set -up at 8:00 a.m. on the date of the event. L. Contractor is required to provide security at staging area for equipment and product during pre - event set -up and up through display. M. Contractor must be licensed by the state of Minnesota for pyrotechnic displays and obtain all necessary permits and shall comply with all applicable ordinances, statues and Rules. N. Contractor must provide at a minimum a $2,000,000.00 general commercial liability insurance policy with the City of Chanhassen listed as additional insured. O. Contractor shall indemnify and hold harmless the City of Chanhassen and its agents, officers, and employees from and against all claims, damages, losses, judgments, and expenses, including but not limited to attorney's fees, arising out of or resulting from the contractor's performance or failure to perform this Agreement. P. All subcontractors must be identified and are subject to the City's approval. Q. Contractor will be required to attend one pre -event organizational meeting with Public Safety, Public Works and Parks and Recreation staff to plan event and logistical details. R. Contractor must submit an invoice for fireworks display payment for the amount agreed to in the Service Agreement Contract. S. City will provide Public Safety and Parks and Recreation staff support at the event. T. Contractor must help identify and locate any unexploded shells. U. Contractor must participate with a sweep of the grounds for debris at the conclusion of the event. V. Contractor is expected to remove all equipment, product debris, and packaging and return the staging area to its original condition at the conclusion of the event and area sweep. W. The selected agreement shall automatically renew for the fourth of July celebrations in 2012 and 2013 unless terminated by either party giving the other party at least 120 days written notice, prior to the next fourth of July celebration, of its decision to terminate this agreement. X. In the event the display is cancelled on both the original display date and the back —up date, City agrees to compensate Contractor in the amount of $5,000.00 or agree on a date mutually to reschedule the entire event before the end of the year. Y. The goal for the contractor selected is to excite the audience with a display full of dynamic energy and enthusiasm. PROPOSAL A. FEE QUOTATIONS The city will be looking for the most competitive quote which best meets the needs and desires of the display. The fee proposal of $23,000 per year for the display will include all costs associated with the event, including all equipment, product, staffing, delivery, insurance installation, breakdown/clean -up, taxes and service charges. Each firm is requested to provide the maximum amount of fireworks for that fee which is not to exceed the budgeted amount of $23,000. The City of Chanhassen is looking for a fireworks provided for a multiple year contract (3 years preferred). Each year of the contract the proposed fee will be $23,000. B. RIGHT TO REJECT BIDS The City of Chanhassen reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects, in the City's judgment. In determination of award, the qualification of the proposal submitter, the conformity with the specifications of services to be supplied will be considered. C. SUBMITTAL REQUIREMENTS Each of the following items shall be considered an integral part of the Contractor's proposal and shall be submitted to the City on or before the date and time as stated on the Proposal Form: 1. Two copies of a completed and signed Proposal document with signed contract included. 2. List all products with quantities. 3. Identify electronic firing system to be used for display. 4. Provide a copy of Insurance. 5. Provide an estimation of length of display. 6. Provide a copy of state license. 7. Timeline for preparing pre -event staging area. 8. Provide a plan for product/equipment storage and security in the event of a cancellation. 9. Budget for display. 10. A list of references with a minimum of six contacts. 11. The contractor shall indicate any and all deviations from the specifications. Submit to the City of Chanhassen, Attn: John W. Stutzman, 7700 Market Blvd., P.O. Box 147, Chanhassen, MN 55317, 952- 227 -1122. D. TIMETABLE 1. Proposal submittal deadline- Monday, March 14, 2011, on /or before noon. 2. Review by Parks and Recreation Supervisory Staff. 3. Notification of contract award will be made after City Council approval. Attachment (Exhibit A) • City of Chanhassen July 4, 2011 Fireworks Display at Lake Ann Park QUOTE FORM FIREWORKS DISPLAY Date:x Company: - • • ' IC • - • Representative's Name and Title: u. • • • • a' " Authorized Signature: I,/ QUANTITIES OF SHELLS OPENING 3" Assorted 4 " 5" -- 6 " —b -- — 8 " -- --- 10„ MAIN BODY 3" Assorted 5 " 1 12 6., 1 --- 1 — 8" _ao___. 1 BODY (FIVE INCH SHELLS) GRAND FINALE —2b� -- 3" Assorted 2�_ 4" 14 5" 6 " 1 ? 8" 10 " DESCRIPTION OF SPECIAL FEATURES Please see the following page for our Designer Segments which will be incorporated into your fireworks program. G' \park\e \fireworks Display Quote Fonndoe PYROTECHNIC DISPLAY, INC. AGREEMENT This contract entered into this 17th Day of March AD 2011 by and between PYROTECHNIC DISPLAY, INC. of Clear Lake, MN and City of Chanhassen (Customer) of City Chanhassen State Minnesota . WITNESSETH: PYROTECHNIC DISPLAY, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER 3- (three) Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of July 4, 2011, 2012 & 2013 (Rain date of July 5) Customer Initial , weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within twelve (12) months of the original display date. Customer shall remit to the first party an additional 10% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of PYROTECHNIC DISPLAY, INC. In the event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, PYROTECHNIC DISPLAY, INC. shall be entitled to 20% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay to PYROTECHNIC DISPLAY, INC. on demand, all PYROTECHNIC DISPLAY, INC.'s out of pocket expenses incurred in preparation for the show including but not limited to, material urchases, reparation an ddesign costs, deposits, licenses and employee charges. A 15$ BONUS IN ADDITIONAL CHARGE, IN THE 3RD Yom. PYROTECHNIC DISPLAY, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the parties. Attached hereto as Exhibit "A ". Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. It is further agreed and understood that the CUSTOMER is to pay PYROTECHNIC DISPLAY, INC. the sum of $23,000.00 (Twenty three thousand and 00 /100 dollars) PER YEAR. A service fee of 1 14 % per month shall be added, if account is not paid within 30 days of the show date. PYROTECHNIC DISPLAY, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 700 feet at all points from the discharge area. (b) Protection of the display area by roping -off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorneys fees and court costs incurred by PYROTECHNIC DISPLAY, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The addendum attached hereto as exhibit "B" is incorporated herein. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. PYROTECHNIC DI PLAY, INC. CUSTOMER By ` X1 1 27 �+''"' By Its dnlY ho repsesents 6ddahe has fullawMorty wbald Um custom*. Date Signed: March 17, 2011 Date Signed (PLEASE TYPE OR PRINT) Mark C. Hanson Name 9405 River Road SE Address Clear Lake, MN 55319 (800) 507 -9074 Phone Email OPENING SEGMENT Will be composed of: 40 3" Heavy Titanium Splatter Salutes with Silver Rising Tails 45 3" Assorted Chrysanthemums & Peonies with Rising Effects 9 4" Glitter Umbrella with Colored Tip Shells 7 5" Assorted Peony & Chrysanthemum Shells h Color Pistils 6 6" Premium Chrysanthemum & Peony Shells with Color Changing Stars & Color Changing Pistils 1 8" Yung Feng Premium Red StrobinghNR Kamuro Pistil 1 10" Yung Feng Premium I obing ik Ta Strobing and Strobing Pistil MAIN BODY DESIGNER SEGMENTS: Segment 1-- Varying sizes of Colored Strobe shells fill the sky with an array of brilliant Colored Blinking Lights Segment 2– A combination of Pattern shells in various sizes will illuminate the dark sky — patterns such as Rings, Saturns, UFO's, Sunflowers, Butterflies and Hearts, etc. Segment 3– The Big Willow Effect – Assorted sizes of Brocade Willow shells shot in a "V" Pattern will be used in conjunction with large 8" & 10" shells creating a canopy over the smaller sized shells, causing Gold Streamers to cascade downward in the night sky. Segment 4– Serpents & Snakes- - A mixture of sizes of Serpent and Snake shells with Colored Stars will race and squirm across the sky displaying long Silver Tails Segment 5– Large solid & Multi -Color Dahlia shells Ul fill the Stars with huge Sparkling, Multi-Colored Segment 6– Splitting Comets- - Shells of various sizes with intense tailed Comets will split into smaller Comets, generating a huge Spider Web of tails in the night sky Segment 7– Red, White & Blue Patriotic ***Pre Peonies and A range of sizes of Red, Wh ite & Chrysanthemum Star shells incorporate Screaming Whistles and Thunderous Reports GRAND FINALE Will be composed of: 180 3" Heavy Titanium Splatter Salutes with Silver Rising Tails 80 3" Assorted Chrysanthemums N& Peonies o gEffects 24 4" Dahlia, Palm Tree and Coconut Shells with Rising Tails & Effects 14 5" Assorted Peony & Chrysanthemum Collar Pistils 12 6" Premium Color Changing ll burst shells a1 Effects Changing Pistils & Rising 4 8" Yung Feng Premium S & 4 Time Colo Change Pistils 2 10" Yung Feng Premium Gold Brocade Nishiki Kamuro Shells with Strobing & Color Changing Tips and Pistils ADDENDUM ( Exhibit 13) For City of Chanhassen, Minnesota Fireworks 3 -Year Contract 2011- 2013 1. This contract shall automatically renew for the fourth of July celebrations in 2012 and 2013 unless terminated by either party giving the other party at least 120 days written notice, prior to the next fourth of July celebration, of its decision to terminate this agreement. 2. Pyrotechnic Display, Inc. shall obtain all necessary permits and shall comply with all applicable ordinances, statues and rules. 3. Pyrotechnic Display, Inc. shall indemnify and hold harmless the City of Chanhassen and its agents, officers, and employees from and against all claims, damages, losses, judgments, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Pyrotechnic Display, Inc. performance or failure to perform this Agreement. 4. Immediately following a display, Pyrotechnic Display, Inc. shall remove and properly dispose of all exploded and unexploded fireworks. 5. Worker's Compensation. Pyrotechnic Display, Inc. shall obtain and maintain for the duration of this Agreement, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 6. Comprehensive General Liability. Pyrotechnic Display, Inc. shall obtain the following minimum insurance coverage and maintain it at all times throughout the duration of this Agreement shall be named as additional insured on a primary and non - contributory basis on the Comprehensive general liability insurance. Pyrotechnic Display, Inc. shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying this Agreement): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Comprehensive Automobile Liability (owned, non - owned, and hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence City of Chanhassen July 4, 2011 Fireworks Display at Lake Ann Park QUOTE FORM FIREWORKS DISPLAY Com an Precocious Pyrotechnics,Inc Date: 3/09/2011 pan Representative's Name and Title: f,1 ry Hanson President Authorized Signature: ` � r- QUANTITIES OF SHELLS OPENING Bid # 2 Of 2 90 3" Assorted Up to 10 " Aerial , Shells 12 4" 10 5" 8 6" 2 8 " 1 10" MAIN BODY 410 3" Assorted 372 4" 200 5" 128 6 " 8 8" 3 10 " BODY (FIVE INCH SHELLS) GRAND FINALE 300 3 "Assorted 36 4" 15 5" 12 6" • 3 8" 2 10" DESCRIPTION OF SPECIAL FEATURES Includes 4 -5" Green Colored Leaf pattern symbol aerial shells, other pattern shells such as smiley faces, Hearts, Diamonds, and rings. G \park \4"' \Fireworks Display Quote Form.doc Mar 09 11 01'12p Premier Pyro Crookston 2182814169 p 5 City of Chanhassen July 4, 2011 Fireworks Display at Lake Ann Park QUOTE FORM FIREWORKS DISPLAY Company: /1 /� ICS Date:( j -- / P ? f / Re resentative's Name and Title: -Te r K. e ,1 L U k C e � " r S • Authorized Signature: 9 // L 6 QUANTITIES OF SHELLS OPENING 4 3" Assorted 1 2 6 " (J 7- 6 8" die ( S 10" 3 ,r (.o f D MAIN BODY r r; 3, Assorted Li 1 - 2 1 t c, C) 4 " / 5" 1 L I is 0 6" c; as 8" / $_ /O _ 10" (P it) BODY (FIVE INCH SHELLS) GRAND FINALE 3 6 / 0 3' Assorted Sa 4 „ � � 30 1U /U 8" gj Ci `�1 10" DESCRIPTION OF SPECIAL FEATURES c Ce2'LJ — 5 r4_ (t j e S H`_' Re, -1 e /l Pi L _+S,' 13 4 C S t 4-77.7 e/ S / n S e Gf +c.s? E 3 - e Cfy % C tit /4rVE',,rj P-!! Re0 - - 4C0 C (c A l l 3 foe w - rft 60 /0 (lee r fu 6 L... t f L, ct, s G' \paiic'4''Firewrrks DiipLiy Qum Forum :kc A G� s'� ( C d 7,9tti -599 -909 ae }soy{ ger d69' LO L L t aevi