E-9. Award of Contract, 4th of July FireworksCITY OF
CllANHAS3EN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.2271180
Fax: 952.227.1190
Engineering
Phone: 952 227.1160
Fax: 9522271170
Finance
Phone: 952.227.1140
Fax 952.227.1110
Park & Recreation
Phone 952.227.1120
Fax: 952 227.1110
Recreation Center
2310 Coulter Boulevard
Phone. 952.227.1400
Fax: 952.2271404
Planning &
Natural Resources
Phone: 9522271130
Fax 952.2271110
Public Works
7901 Park Place
Phone: 952.2271300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax. 952.227.1110
Web Site
www.ci chaphassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Mitch Johnson, Recreation Supervisor
DATE: April 14, 2014 D °
SUBJ: 2014 -2016 Fourth of July Fireworks Contract
PROPOSED MOTION:
"The Park & Recreation Commission recommends that the City Council award a
three -year contract (2014 -2016) to Pyrotechnic Display, Inc. for the provision of 4th
of July fireworks in the amount of $23,000 per year, including the addendum
prepared by the city attorney."
Approval requires a simple majority vote of the City Council.
PARK & RECREATION COMMISSION RECOMMENDATION (3/25/14)
At their March 25, 2014 meeting, the Park & Recreation Commission adopted a motion
to recommend awarding a three -year contract (2014 -2016) to Pyrotechnic Display, Inc.
for the provision of 4`h of July fireworks in the amount of $23,000 per year. This
amount is included in fund 1600 of the budget. The fireworks display will take place on
Friday, July 4 at 10 p.m. at Lake Ann Park.
BACKGROUND
In preparing for the upcoming 4th of July Celebration, quotes were solicited for the
2014, 2015, and 2016 fireworks shows from Precocious Pyrotechnics, Inc.; Premier
Pyrotechnics, Inc.; ABC Display Fireworks; and Pyrotechnic Display, Inc. Due to the
nature of fireworks shows, staff instructed each company to submit a quote for the
budgeted amount of $23,000.
At the submittal deadline, only Pyrotechnic Display, Inc. submitted a quote. Staff is
unsure why none of the other companies submitted quotes, as each of them had
expressed interest prior to distributing the request for proposals. After reviewing the
quote from Pyrotechnic Display, Inc., they meet all specifications and are offering
quality shows with an opening body, main body, and grand finale. In addition, they
included a pre -finale teaser, which adds a unique aspect to the show.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Jerry Ruegemer
April 14, 2014
Page 2
Pyrotechnics Display, Inc. has been providing Chanhassen's 4' of July fireworks
display for over 20 years. During this time, Pyrotechnic Display, hic. has consistently
displayed a high level of professionalism, a great safety record, and always offered a
variety of high quality - products to produce excellent shows.
Pyrotechnics Display, Inc. is offering a good mix of large and small shells, including a
significant amount of 6, 8 and 10 -inch shells. They have also offered a 17% increase in
the number of shells over their 2011 -2013 contract and a 15% bonus in shells, at no
additional charge, for the third year of the contract. This is an additional $3,450 in
shells for the last year of the contract.
Staff believes that Pyrotechnics Display, Inc. has provided a very strong quote by
fulfilling all of the quote requirements, offering balanced and enjoyable shows that
include a pre -finale teaser, and a bonus for signing a multi -year contract.
ATTACHMENT
1. Request for Proposals
2. Quotes
3. Contract with Pyrotechnic Display, hic.
4. Addendum Prepared by City Attorney
g: \park \4th\2014\fireworks\rfp \city comcil.docx
CITY OF CE ANHASSEN
REQUEST FOR PROPOSAL AND QUOTE
The City of Chanhassen is seeking a licensed Pyrotechnical Professional for the fireworks display on
July 4, in 2014, 2015 and 2016 at Lake Ann Park. Quotes are due by Tuesday, March 11, 2014, at
12:00 noon. 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: Mitch Johnson, 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. The City of
Chanhassen will determine the scope of the property damage.
Scone of Work and Specifications
A. Display must be a minimum of 18 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- inches in diameter as the safety zone is 750 feet 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, statutes and rules.
N. Contractor must provide at a minimum of $2 million general commercial liability insurance policy
with the City of Chanhassen listed as an 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 will be in effect for July 4, 2014, 2015 and 2016 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 backup date, City
agrees to compensate Contractor in the amount of $5,000.00 or mutually agree on a date 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 provider for a multiple year contract (3 years
preferred).
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: Mitch Johnson, 7700 Market Blvd., P.O. Box 147,
Chanhassen, MN 55317, 952- 227 -1122.
D. TIMETABLE
1. Proposal submittal deadline - Tuesday, March 11, 2014, on/or before 12 noon.
2. Review by Parks and Recreation Supervisory Staff.
3. Notification of contract award will be made after City Council approval.
City of Chanhassen
July 4, 2014
Fireworks Display at Lake Ann Park
QUOTE FORM
FIREWORKS DISPLAY
Company: Pyrotechnic Display, Inc. Date: Feb. 26, 2014
Representative's Name and
Authorized
Mark C.
QUANTITIES OF SHELLS
OPENING
280
125
3" Assorted
16
4"
7
5"
�—
6"
1
8"
1
10"
MAIN BODY
280
275
3" Assorted
200
4"
140
5"
118
6"
35
8"
18
10"
BODY (FIVE INCH SHELLS) GRAND FINALE
280
3" Assorted
36
4"
21
5"
12
6"
3
8"
2
101,
DESCRIPTION OF SPECIAL FEATURES
0
The attached pages describe the Designer Segments
which will be incorporated into your fireworks display.
G:\Park\41Tireworks Display Quote Fom.doc
OPENING SEGMENT
Will include:
60 3" Heavy Titanium Splatter Salutes
with Silver Rising Tails
65 3"f Assorted Glimmering Chrysanthemums &
Peony shells with Rising Effects
16 Multi -Color Palm & Dahlia's shells with
Glittering Cores and Rising Tails
7 5"' Assorted Peony and Chrysanthemum
Shells with Color Pistils
6 6" Premium Chrysanthemum & Peony Shells
with Color Changing Stars and
Color Changing Pistils
1 8" Silver Crown with Blue to Red Pistil
with Tail
1 10" Blue to Morning Dew with White Strobe
and Color Core
PYROTECHNIC orsaur wc.
www.pyrodisplay.com
MAIN BODY DESIGNER SEGMENTS:
Segment #1 - Flying Stars, Serpents and Snakes - self - propelled stars that
squirm and swim across the sky in sizes from 3" through 8':
Segment #2 - Crackling Effects - Some varieties Crackle like a large
Snowball while others crackle as huge Palm Tree's. Still others
have Crackling Pistils or Crackle at the conclusion of the shell.
Crackling Effects range in size from 3" through 8':
Segment #3 - Crossettes or Splitting Comets from 3" through 10': Solid
or Multi -Color Comet Stars arch across and fill the dark sky as
they split into 1000's of fingers.
Segment #4 - Kamuro and Willow Shells from 3" through 10': Brocade
Gold Kamuro's and Willow's will cascade downward as long
Golden Streamers create images of large Willow Trees in the
night sky.
Segment #5 - 3" through 8" Pattern Shells. A variety of patterns such
as Saturns, Butterflies, Hearts, UFO's, Jellyfish, Rings, Smiley
Faces, Magic Balls and Five Pointed Stars will delight the
audience.
Segment #6 - Color Changing Chrysanthemums and Peonys, from 5"
through 10'; Large breaking shells that change color 2, 3, or 4
times with Color Changing center pistils and Rising Tails.
Segment #7 - An All American, 3" through 10 ", Red, White and Blue
Shells with Whistles, Serpents and Thunderous Reports. This will
serve as a Pre - Finale!
PXROTECHNTCDISPLAYING.
www.pyrodisplay.com
GRAND FINALE
Will include:
200 3" Heavy Titanium Splatter Salutes
with Silver Rising Tails
80 3 "Assorted Glimmering Chrysanthemums &
Peony shells with Rising Effects
36 4" Dahlia, Palm Tree and Coconut Shells
with Rising Tails and Effects
21 S "Assorted Peony and Chrysanthemum
Shells with Color Pistils
12 6" Premium Color Changing shells with
Color Changing Pistils & Rising
shell burst with Special Effects
3 8" Yung Feng Premium Brocade Kamuro
Shells with Color Change Pistils
2 10" Sunny Premium Electric White with
Green and Red Double Pistils
PYROTECHNICDISPLAy INC.
www.pyrodisplay.com
PYROTECHNIC DISPLAY, INC.
Display Contract
For office use only
Invoice number
This contract entered into this 27th Day of February AD 2014 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. 2014. 2015 and 2016 (Rain date of July -O 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 fast party an additional 18% 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 25% 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. 15% of the contract price.
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. Quantities and varieties of products in the program are approximate. After final
design, exact specifications will be supplied upon request. PYROTECHNIC DISPLAY, INC. enters this agreement contingent upon its
ability to secure delivery of product for the display.
It is further agreed and understood that the CUSTOMER is to pay PYROTECHNIC DISPLAY, INC. the sum of
$223,000.00 (Twenty three thousand and 0/100 dollars) PER DISPLAY DATE includes all taxes. A service fee of 1 %2 % 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.
(d) Search of the fallout area at first light following a nighttime display.
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 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 DISPLAY, INC.
BY G
Date Signed: February 27, 2014
Name Mark C. Hanson
9405 River Road SE
Clear Lake, MN 55319
(800) 507 -9074 Ext. 1
CUSTOMER
By
Its duly authorized agent, who represents he/she
has full authority to bind the customer.
Date Signed
Name
(PLEASE TYPE OR PRINT)
Phone
Email
*I
ADDENDUM ( Exhibit B)
For City of Chanhassen, Minnesota
Fireworks 3 -Year Contract 2014 - 2016
1. This contract shall automatically renew for the 4 1 of July celebrations in 2015
and 2016 unless terminated by either party giving the other party at least 120
days written notice, prior to the next 4th 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