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HomeMy WebLinkAbout04-112 Resolution No. 04-112 RESOLUTION AUTHORIZING EXECUTION OF A FIREWORKS DISPLAY CONTRACT WITH MELROSE PYROTECHNICS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute a Fireworks Display Contract on behalf of the City of Elgin with Melrose Pyrotechnics,Inc.for a Fourth of July fireworks display,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: May 12, 2004 Adopted: May 12, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk V �- City of Elgin Agenda Item No. f April 23, 2004 TO: Mayor and Members of the City Council FROM: David M. Dorgan, City Manager lU Monica Meyers, Parks & Recreation Director SUBJECT: Renewal of Bid#99-020 Fireworks Show Display PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to renew the contract with Melrose Pyrotechnics, Inc. for the Fireworks Display scheduled for July 4, 2004. RECOMMENDATION It is recommended that the City Council approve the contract extension for the July 4'h fireworks display for a third year with Melrose Pyrotechnics, Inc. for a total cost of$20,000. BACKGROUND In 2002, 15 vendors were solicited and 4 bids were received for performing the July 4`h Firework display. Bidders were requested to offer prices on the amount and size of shells, show design, references and the safety record of the company. Bidders were requested to indicate whether their bid prices would remain firm should the City exercise the two-year renewal option of the contract. In 2002, Melrose Pyrotechnics of Kingsbury, IN was contracted for the firework show and performed satisfactorily; therefore, the City also extended the contract for 2003. The firm produces similar shows for a number of Illinois Parks and Recreation Association (IPRA) members such as Naperville, Skokie, Glenview and Bolingbrook. The current contract amount and terms will remain the same for 2004. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None. CITY OF ELGIN,ILLINOIS RFP 02-003 PRYOTECHNIC SPECIFICATIONS JULY 4,2004 SCOPE OF SERVICES 1. Contractor shall furnish, erect, and fire under City direction the City of Elgin July 4, 2004 fireworks display at the Elgin Sports Complex in Elgin, Illinois. 2. Contractor shall provide through the chief pyrotechnician, at the contractor's expense, one (1)assistant chief pyrotechnician, and two (2) additional qualified pyrotechnician aides to assist in the erection and firing of the display. Each person shall be an employee of the contractor. 3. Contractor's personnel and materials shall report to Elgin Sports Complex in Elgin, Illinois (fireworks display site)no later than 9 a.m., July 4, 2004 to begin setting up the fireworks display. The contractor shall have the fireworks display material ready for show by 5 p.m., July 4, 2004. Contractor will have the flexibility to set up July 3. Cancellation or postponement due to inclement weather will be made at the discrimination of the City of Elgin and the Contractor's Representative. " 4. Contractor shall perform tests before beginning the official program to make sure that the winds aloft will not distort the exhibition nor carry hot or burning matter where it can cause damage to persons or property. 5. Contractor shall provide for at all times in preparation of, during, and immediately after fireworks display, a safe and clean operating environment at the fireworks display site in Elgin. 6. Contractor shall provide for a fireworks display lasting approximately twenty- five(25)minutes in duration and fireworks display shall exhibit rapid, constant fire for entire twenty-five(25) minutes. 7. Rain dates shall be July 5, and, in the event of rain on that date, shall be July 6. Times and arrangements shall be the same as outlined in paragraphs 3, 4, 5, and 6 of these specifications. Decision by the City of Elgin to cancel the event will be made by 7 p.m. on the date in question. 8. The closest building to the site of the fireworks display will be no closer than 1,200 feet. The closest residential area to the site of the fireworks display will be no closer than 1,200 feet. The closest spectators to the site of the fireworks display will be no closer than 1,200 feet. The firing location may be sub- ground level; only aerial shells are to be incorporated into show. Pyrotechnic Specifications Page 3 music selections with corresponding pyrotechnics. The following general parameters are provided for accomplishment of the objective. Length of Display: 25 minutes continuous firing Pyrotechnics: Total display shall include approximately 2000 individual shells. Suggested number of shells is provided as a guideline, therefore, innovation and creativity on the part of the contractor is essential. Proposal shall be an aerial display only which must include a riveting opening, unique body and dramatic finale (no set pieces). No parachute shells of any type shall be allowed. At least one 16 inch shell must be incorporated into show. Radio Simulcast: Contractor shall work with the local radio station WRMN/WJKL to simulcast music with pyrotechnic display. Contractor shall provide tape(or work with radio station to produce tape) of various patriotic musical selections accompanied with pyrotechnics. Substitutions: Contractor must perform show which was bid. Substitution(s) shall not be made after award of contract unless approved by contracts officer 15 days prior to July 4. Failure to provide exact brand, size, and quantity of shell as submitted in final proposal will result in reduction in payment. 17. CONDUCT OF THE DISPLAY The display shall be conducted in accordance with National Fire Protection Association standard 1123-1995, code for the Outdoor Public Display of Fireworks, published by the National Fire Protection Association, Inc. The following modifications apply: A. Construction of Shells In addition to the standard paper mache shells, shells with molded plastic casing shall be permitted. However, motars firing shells with plastic casings shall not be reloaded. B. Installation of Mortars Mortars shall be installed in mortar racks in accordance with NFPA standards and be properly anchored to the ground. Pyrotechnic Specifications Page 5 19. TRANSPORTATION AND STORAGE OF FIREWORKS The transportation of fireworks shall be in compliance with the regulations of the U.S. Department of Transportation, 41 CFR, Part 170-189 and Part 390-399. and all state and local motor vehicle laws applicable to the area through which fireworks are transported. All fireworks materials shall be packaged and shipped in compliance with all applicable laws and ordinances (Federal, State,and Local) for delivery and storage of fireworks and explosives. Packaging to be in sealed,weather protected, heavy duty containers to completely prevent deterioration or diminution of fire ability due to moisture and/or other contaminations. Live loads shall not be brought into the Sports Complex until July 4, 2004. Upon entering the Sports Complex, vehicle operators will be responsible for the safety of the fireworks and all related equipment, remaining with the vehicle(s) at all times. Supplemental site security will only be provided by the City of Elgin during the evening hours of the event and shall not relieve the contractor of this responsibility. The number of vehicles allowed on site will be kept to a minimum. Contractor shall by June 25, 2004,provide number of vehicles needed on site and storage plans for surplus vehicles. 20. NOTIFICATION OF LOCAL FIRE DEPARTMENT The City of Elgin will notify the Fire Department of the City of Elgin of its intent to have the fireworks display, to request the appropriate fire apparatus be on site during the display and to relate the name and address of the contractor. Upon receipt of the contract,the contractor shall contact The Fire Department; Mike Falese at(847) 931-6180 to make application for a permit to conduct a fireworks display, arrangements for review of pyrotechnics set up plan and site inspection on the event day. It is the responsibility of the contractor to provide all required and relevant information. Should the contractor require assistance with contacting the Fire Department or permit application process,the City's representative shall provide assistance in providing liaison with the City of Elgin Fire Department. Contact with the City of Elgin Fire Department and application for the permit shall be made by the contractor no later than May 17, 2004. 21. QUALIFICATION OF OPERATORS The person in charge of firing the display(chief pyrotechnician) and one assistant (assistant chief pyrotechnician) shall: a. Be at least 21 years of age. b. Have a minimum of 4 years pyrotechnic experience. ew Pyrotechnic Specifications Page 7 25. CONTRACT EXTENSION At the conclusion of the 2002 Fireworks Display,the City of Elgin reserves the right to award an annual contract extension for each following year, not to exceed 2 years (2003 &2004),to the current contractor. Determination will be made on a yearly basis solely by the City of Elgin with the concurrence of the contractor and will be determined no later than 4 weeks following the display. (6.) Melrose Pyrotechnic, Inc. agrees to furnish unto Sponsor three or more trained (pyrotechnic)personnel to present the said display. Melrose Pyrotechnic, Inc. shall advise Sponsor of all applicable state and federal permits that must be secured by Sponsor in conjunction with said display. Sponsor agrees to procure and furnish a suitable place to display the said fireworks, and to secure all applicable police, fire, local, state and Federal governmental permits, licenses and approvals. In the event Melrose Pyrotechnic, Inc. incurs additional costs for securing police or firemen, said costs will be covered by Melrose Pyrotechnic, Inc. (7.) Sponsor agrees to indicate that Melrose Pyrotechnic, Inc. is the organization responsible for exhibiting the fireworks on the said date(s) in all advertisements,billings and public relations materials. (8.) Sponsor shall furnish ample police and fire protection for Melrose Pyrotechnic,Inc. for the protection of its property and the firing of the exhibition without interference from the public. (9.) Sponsor shall furnish and set up restraining lines pursuant to the instructions supplied by Melrose Pyrotechnic,Inc. and in compliance to all rules, orders, and regulations of the National Fire Protection Association. (10.) It is further agreed and understood by the parties hereto that the said minimum spectator viewing,parking, dwellings, and fallout area shall be in compliance with NFPA (National Fire Protection Association) 1123, as amended, for the outdoor display of fireworks. (11.) Sponsor also agrees to provide adequate security personnel/protection to preclude all individuals other than those authorized by Melrose Pyrotechnic, Inc. from entering the security area. No personal property of any kind, including but not limited to motor vehicles shall be allowed within the "safe zone". Prior to,during, and immediately following the display, Sponsor shall be solely responsible to furnish and set up restraining lines for keeping all persons(except the trained personnel and their designated help)out of the danger area and behind the safety zone lines. (12.) Sponsor agrees to pay unto Melrose Pyrotechnic, Inc.,the sum of$20,000.00, for the said fireworks display. Payments to be made as follows: One hundred(100%) percent within thirty(30) days following the display. (18.) The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. (19.) This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. (20.) This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. SPONSOR: MELROSE PYROTECHNIC: BY: BY: ATTEST: ATTEST: BY: BY: FIREWORKS DISPLAY CONTRACT (1.) THIS CONTRACT AND AGREEMENT, for the sale and display of fireworks made and concluded this /g today of M A V, 2004 by and between Melrose Pyrotechnics, Inc. of Kingsbury, Indiana, an Indiana corporation and the City of Elgin, Illinois, an Illinois municipal corporation hereinafter referred to as "Sponsor" or"City". (2.) WITNESSETH: For and in consideration of the promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: (3.) Melrose Pyrotechnic, Inc. agrees to furnish, deliver and display for Sponsor, fireworks to be exhibited in accordance with Exhibits A &B attached hereto and made a part hereof. (4.) Said fireworks to be furnished for display on the following date (s) July 4, 2004, provided the weather permits a display. It being mutually understood and agreed that should inclement weather prevent the presentation of said display on said date (s), a meeting of the parties will be held to discuss the postponement date (s), with the first optional date being July 5, 2004. It is agreed to and understood by the parties hereto that in the event the fireworks have been taken out and set up before the inclement weather and with good weather prevailing, then such exhibition of fireworks must be carried out in the safest possible manner without any deductions whatever from the hereinafter named compensation. (5.) If, due to the occurrence of a contingency as described in Paragraph Four above, with the aforementioned date(s) it is in Melrose Pyrotechnics, Inc. and the Sponsor's reasonable judgment, impossible or impracticable to present the display at the date(s) and time specified, Melrose Pyrotechnics and Sponsor will confer with a view towards reaching a mutually satisfactory postponement date. In the event that the mutually satisfactory postponement date is beyond the day following scheduled exhibition and Melrose Pyrotechnic personnel and equipment are required to return to their original point of origin, then Sponsor shall be obligated to pay for transportation and travel of material and personnel to the display site not to exceed fifteen percent (15%) of the contract price. In the event a mutually satisfactory postponement date cannot be determined, or if once determined, that postponement date must, due to any such contingency, be likewise postponed, then and in such event Sponsor shall have no obligation to pay the remaining balance of the sum to be paid hereunder; and the deposit previously made by Sponsor shall be forthwith returned to Sponsor, less any and all reasonable costs and expenses incurred by Melrose Pyrotechnic, Inc. in anticipation of presenting such display, including,but not limited to, costs associated with setup and takedown of equipment, and transportation of materials and Melrose Pyrotechnic personnel, said costs not to exceed$3,000.00. (6.) Melrose Pyrotechnic, Inc. agrees to furnish unto Sponsor three or more trained (pyrotechnic)personnel to present the said display. Melrose Pyrotechnic, Inc. shall advise Sponsor of all applicable state and federal permits that must be secured by Sponsor in conjunction with said display. Sponsor agrees to procure and furnish a suitable place to display the said fireworks, and to secure all applicable police, fire, local, state and Federal governmental permits, licenses and approvals. In the event Melrose Pyrotechnic, Inc. incurs additional costs for securing police or firemen, said costs will be covered by Melrose Pyrotechnic, Inc. (7.) Sponsor agrees to indicate that Melrose Pyrotechnic, Inc. is the organization responsible for exhibiting the fireworks on the said date (s) in all advertisements,billings and public relations materials. (8.) Sponsor shall furnish ample police and fire protection for Melrose Pyrotechnic, Inc. for the protection of its property and the firing of the exhibition without interference from the public. (9.) Sponsor shall furnish and set up restraining lines pursuant to the instructions supplied by Melrose Pyrotechnic, Inc. and in compliance to all rules, orders, and regulations of the National Fire Protection Association. (10.) It is further agreed and understood by the parties hereto that the said minimum spectator viewing, parking, dwellings, and fallout area shall be in compliance with NFPA (National Fire Protection Association) 1123, as amended, for the outdoor display of fireworks. (11.) Sponsor also agrees to provide adequate security personnel/protection to preclude all individuals other than those authorized by Melrose Pyrotechnic, Inc. from entering the security area. No personal property of any kind, including but not limited to motor vehicles shall be allowed within the"safe zone". Prior to, during, and immediately following the display, Sponsor shall be solely responsible to furnish and set up restraining lines for keeping all persons (except the trained personnel and their designated help) out of the danger area and behind the safety zone lines. (12.) Sponsor agrees to pay unto Melrose Pyrotechnic, Inc., the sum of$20,000.00, for the said fireworks display. Payments to be made as follows: One hundred(100%) percent within thirty(30) days following the display. (13.) All payments shall be made by Draft Check payable to the order of Melrose Pyrotechnic, Inc., unless otherwise specified and authorized in writing, and NO CASH shall be paid to agents without written authority. In the event that Sponsor elects to cancel the fireworks display by providing Melrose Pyrotechnic, Inc. written notice by registered mail, of its election to cancel prior to the date of fireworks display, Sponsor shall pay to Melrose Pyrotechnics, Inc. the sum of$2,000 as and for liquidated damages as and for such cancellation. (14.) To the fullest extent permitted by law, Melrose Pyrotechnics, Inc. agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs or attorney's fees•arising out of any acts or omissions of Melrose Pyrotechnics, Inc. or its officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered, services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. (15.) Not less than fourteen(14) days prior to the scheduled fireworks display Melrose Pyrotechnic, Inc. shall provide the Sponsor with a certificate of insurance naming the Sponsor as a primary, non-contributing coinsured with limits of not less than$2,000,000 per occurrence and excess coverage of not less than $5,000,000 covering general liability including personal injury, death and property damage. Such certificate shall provide that the insurance shall not be terminated for any reason without thirty(30) days advance written notice to the Sponsor. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, and alternatively, if such insurance states that it is excess or prorata, it shall be endorsed to be primary with respect to the City. Melrose Pyrotechnic, Inc. shall at all times from the execution of this agreement and until after the full performance hereof including the completion of the fireworks display obtain and maintain worker's compensation and occupational disease insurance in amounts required under the laws of the State of Illinois providing coverage to all of Melrose Pyrotechnic, Inc. agents, officers and employees including those providing services pursuant to this agreement. (16.) Melrose Pyrotechnic, Inc. shall comply with all local, State and Federal rules, regulations, ordinances, guidelines or laws relative to the provision of a fireworks display. (17.) This Contract and all attached exhibits embody the whole agreement of the parties. There shall be no promises,terms, conditions or obligations other than those contained therein; and this agreement shall supersede all previous communication, representations, or agreements, either written or verbal between the parties. (18.) The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. (19.) This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. (20.) This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. SPONS,W ; MELRO E PYR TECHNIC: ATT ATTEST: BY: b �2.c.1,�► BY: CITY OF ELGIN,ILLINOIS RFP 02-003 PRYOTECHNIC SPECIFICATIONS JULY 4, 2004 SCOPE OF SERVICES 1. Contractor shall furnish, erect, and fire under City direction the City of Elgin July 4, 2004 fireworks display at the Elgin Sports Complex in Elgin, Illinois. 2. Contractor shall provide through the chief pyrotechnician, at the contractor's expense, one(1)assistant chief pyrotechnician, and two (2) additional qualified pyrotechnician aides to assist in the erection and firing of the display. Each person shall be an employee of the contractor. 3. Contractor's personnel and materials shall report to Elgin Sports Complex in Elgin, Illinois (fireworks display site) no later than 9 a.m., July 4, 2004 to begin setting up the fireworks display. The contractor shall have the fireworks display material ready for show by 5 p.m., July 4, 2004. Contractor will have the flexibility to set up July 3. Cancellation or postponement due to inclement weather will be made at the discrimination of the City of Elgin and the Contractor's Representative. 4. Contractor shall perform tests before beginning the official program to make sure that the winds aloft will not distort the exhibition nor carry hot or burning matter where it can cause damage to persons or property. 5. Contractor shall provide for at all times in preparation of, during, and immediately after fireworks display, a safe and clean operating environment at the fireworks display site in Elgin. 6. Contractor shall provide for a fireworks display lasting approximately twenty- five(25) minutes in duration and fireworks display shall exhibit rapid, constant fire for entire twenty-five(25) minutes. 7. Rain dates shall be July 5, and, in the event of rain on that date, shall be July 6. Times and arrangements shall be the same as outlined in paragraphs 3, 4, 5, and 6 of these specifications. Decision by the City of Elgin to cancel the event will be made by 7 p.m. on the date in question. 8. The closest building to the site of the fireworks display will be no closer than 1,200 feet. The closest residential area to the site of the fireworks display will be no closer than 1,200 feet. The closest spectators to the site of the fireworks display will be no closer than 1,200 feet. The firing location may be sub- ground level; only aerial shells are to be incorporated into show. Exhibit A Pyrotechnic Specifications Page 2 9. Pyrotechnical materials may arrive early for the Elgin show if they are enclosed and secured in a weathertight motor vehicle stored outdoors. The City of Elgin will not assume the responsibility or liability for the storage of pyrotechnical materials. 10. All pyrotechnic materials shall be ton grade and have been factory tested by the manufacturer to assure their individual quality, performance, and safety. 11. Contractor shall provide for his employees' and public safety at all times. 12. Contractor shall perform this agreement as an independent contractor and shall not be considered an agent of the City of Elgin, or shall any employees or agents of contractor be considered an agent of the City. 13. Contractor shall indemnify and save harmless the City of Elgin the may or and council of Elgin, Illinois and all its officers, agents, and servants from all suits, actions, and damages and costs of every name and description to which the council may be subjected or put by reason of injury to persons or property as a result of the work, whether caused by negligence or carelessness on the part of the contractor, his servants or agents or to other cause. 14. Contractor shall provide that all employees/pyrotechnicians be covered with FULL WORKMEN'S COMPENSATION AS PRESCRIBED BY THE STATE OF ILLINOIS AND/OR ALL STATES BODILY INJURY INSURANCE POLICY COVERING CONTRACTOR'S EMPLOYEES. 15. In addition, list the amount and coverage of liability insurance you propose to furnish. The City of Elgin must be named as an additional insured, and the minimum amount of coverage is $1,000,000. NOTE: YOUR PROPOSAL MUST BE ACCOMPANIED WITH A SAMPLE OF YOUR CURRENT CERTIFICATE OF INSURANCE OR IT WILL NOT BE ACCEPTED. Insurance coverage shall include any liability due to property damage or bodily injury caused by the explosion of devices remaining on site after the fireworks display. Pyrotechnic Specifications Page 3 16. Show Design and Work Contractor shall provide labor, material, and equipment for presentation of an innovative and attractive aerial fireworks display on July 4, 2004, Elgin Sports Complex, Elgin, Illinois. Program objective shall be to create a spectacular, continuous fire, aerial display visible to an audience viewing from many area vantage points not immediately adjacent to the discharge site and accompanied to a music simulcast on the local radio station WRIVIN/WJKL. To achieve this objective, the contractor is allowing for appropriate layering and balance of the overall program with no perceptible breaks or gaps in the display. Proposal must include patriotic music selections with corresponding pyrotechnics. The following general parameters are provided for accomplishment of the objective. Length of Display: 25 minutes continuous firing Pyrotechnics: Total display shall include approximately 2000 individual shells. Suggested number of shells is provided as a guideline, therefore, innovation and creativity on the part of the contractor is essential. Proposal shall be an aerial display only which must include a riveting opening, unique body and dramatic finale (no set pieces). No parachute shells of any type shall be allowed. At least one 16 inch shell must be incorporated into show. Radio Simulcast: Contractor shall work with the local radio station WRMN/WJKL to simulcast music with pyrotechnic display. Contractor shall provide tape(or work with radio station to produce tape)of various patriotic musical selections accompanied with pyrotechnics. Substitutions: Contractor must perform show which was bid. Substitution(s) shall not be made after award of contract unless approved by contracts officer 15 days prior to July 4. Failure to provide exact brand, size, and quantity of shell as submitted in final proposal will result in reduction in payment. Pyrotechnic Specifications Page 4 17. CONDUCT OF THE DISPLAY The display shall be conducted in accordance with National Fire Protection Association standard 1123-1995, code for the Outdoor Public Display of Fireworks, published by the National Fire Protection Association, Inc. The following modifications apply: A. Construction of Shells In addition to the standard paper mache shells, shells with molded plastic casing shall be permitted. However, motars firing shells with plastic casings shall not be reloaded. B. Installation of Mortars Mortars shall be installed in mortar racks in accordance with NFPA standards and be properly anchored to the ground. C. Discharge Sites The discharge site shall be limited to the area specified by the City of Elgin. The area shown on the attached Detail of Discharge Site is given for illustrative purposes. The actual discharge site may differ slightly depending on conditions. D. General Requirements: No aerial display may be fired when winds exceed 20 MPH, when unusually wet weather presents other definite dangers, or when conditions are deemed unsafe by the City of Elgin. E. The contractor shall be responsible for the complete installation and cleanup of the display and supplying all necessary materials and equipment in connection therewith except as provided for under Paragraph 22, City Government-Furnished Items. F. The contractor shall furnish qualified operators for set-up, launch and take down,and abide by all Federal, state, and local regulations which apply to handling pyrotechnics. Pyrotechnic Specifications Page 5 G. The contractor shall provide necessary safety equipment and materials, transportation and security for fireworks and launch site. Fire extinguishers shall be in plain view when any live loads are on-site. Numbers of fire extinguishers shall be adequate to the size of the display. H. The fireworks display is scheduled to commence at approximately 9:20 p.m. The exact firing command shall be given by the City representatives at the launch site. In the event that the performance provided is delayed through any fault of the contractor, the contractor shall reimburse the City the amount of$500.00 per each 5 minute delay beyond the scheduled starting time of the performance as noted above. I. In the event of inclement weather,the display will be rescheduled for July 5, 2004 and in the event of inclement weather on July 5, rescheduled for July 6, 2004. The decision to postpone displays will be made by the City representative. J. The contractor shall be responsible for cleanup of the safety zone to include: cleanup of shell fragments, bits of fusing, and any hazardous material; gathering any other trash and debris generated by the contractor's personnel in appropriate trash containers. 19. TRANSPORTATION AND STORAGE OF FIREWORKS The transportation of fireworks shall be in compliance with the regulations of the U.S. Department of Transportation, 41 CFR, Part 170-189 and Part 390-399. and all state and local motor vehicle laws applicable to the area through which fireworks are transported. All fireworks materials shall be packaged and shipped in compliance with all applicable laws and ordinances(Federal, State, and Local)for delivery and storage of fireworks and explosives. Packaging to be in sealed, weather protected, heavy duty containers to completely prevent deterioration or diminution of fire ability due to moisture and/or other contaminations. Live loads shall not be brought into the Sports Complex until July 4, 2002. Upon entering the Sports Complex, vehicle operators will be responsible for the safety of the fireworks and all related equipment, remaining with the vehicle(s) at all times. Supplemental site security will only be provided by the City of Elgin during the evening hours of the event and shall not relieve the contractor of this responsibility. The number of vehicles allowed on site will be kept to a minimum. Contractor shall by June 25, 2004, provide number of vehicles needed on site and storage plans for surplus vehicles. Pyrotechnic Specifications Page 6 20. NOTIFICATION OF LOCAL FIRE DEPARTMENT The City of Elgin will notify the Fire Department of the City of Elgin of its intent to have the fireworks display, to request the appropriate fire apparatus be on site during the display and to relate the name and address of the contractor. Upon receipt of the contract, the contractor shall contact The Fire Department; Steve Bone at(847)931-6191 to make application for a permit to conduct a fireworks display, arrangements for review of pyrotechnics set up plan and site inspection on the event day. It is the responsibility of the contractor to provide all required and relevant information. Should the contractor require assistance with contacting the Fire Department or permit application process, the City's representative shall provide assistance in providing liaison with the City of Elgin Fire Department. Contact with the City of Elgin Fire Department and application for the permit shall be made by the contractor no later than May 17, 2004. 21. QUALIFICATION OF OPERATORS The person in charge of firing the display(chief pyrotechnician) and one assistant (assistant chief pyrotechnician) shall: a. Be at least 21 years of age. b. Have a minimum of 4 years pyrotechnic experience. c. Have fired a minimum of 12 displays of the size and nature of the display proposed herein. d. Possess a valid and current explosive permit issued by the State of Illinois. All other assistants shall be at least 18 years of age. No other persons are permitted within fenced-off firing area 22. CITY GOVERNMENT-FURNISHED ITEMS a. Safety fence/rope b. Supplemental site security from 5:00— 11:00 pm. Pyrotechnic Specifications Page 7 23. SAFETY Contractor shall submit, prior to event, a list of assigned employees. The only persons permitted to be within the fenced-off firing area will be the authorized pyrotechnical staff and City Parks and Recreation event coordinators. No exceptions will be made. Offerer shall submit with his proposal a loss run prepared by his insurance company, or companies, for the period covering 5 years prior to the date of the proposal. This information shall be submitted from any and all insurance companies used by the offerer during this 5-year period. A loss run is defined as an itemization of all paid and reserved occurrences resulting from activities associated with a fireworks display, as defined under a general liability policy for the term of the policy which is the subject of the loss run. The loss run shall distinguish employee injuries from spectator injuries and shall identify pending and closed cases. Loss run shall be accompanied by sufficient evidence to indicate that the loss run is accurate and has been prepared by the insurance company. The City shall be the sole judge as to whether the information provided meets the specifications. Failure to submit complete and accurate loss run information may result in rejection of proposal. 24. CONTRACT The successful offerer agrees that upon acceptance of its proposal by the City of Elgin, this Request for Proposal along with all instructions, conditions, and specifications attached thereto constitute a binding contract which may be enforced by the City. 25. CONTRACT EXTENSION At the conclusion of the 2002 Fireworks Display, the City of Elgin reserves the right to award an annual contract extension for each following year, not to exceed 2 years (2003 & 2004),to the current contractor. Determination will be made on a yearly basis solely by the City of Elgin with the concurrence of the contractor and will be determined no later than 4 weeks following the display. Ci of Type of Proposal: Computer Choreographed Electronically Fired Pyro-Musical Production Prepared For; City of Elgin Program Length: 25 Minutes Type of Pyrotechnic Effects: Low Level through 10"Aerial Shells O This Proposal Includes: Five Million Dollars Public Liability Insurance Licensed Professional Pyrotechnicians Worker's Compensation Insurance All Fireworks Material Necessary to the Production All Firing Equipment Necessary to the Production Proposal Cost: $20,000.00 Opening Barrage maim["= + • t l TM i a -�- CAIAILI 15 — 3 Sparkling Colored Peony Shells 10 — 3" Radiant Assorted Palm Tree Shells 10— 3" Salutes C� 4 — 4 White Flitter and Blue Stars with Piocha Tail Shells _. 4 — 4" Red to Silver Diamond Shells 4 — 4" Meteor (Silver Red Twisting Stars) Shells 3 — 5" Thousands Assorted Chrysanthemum (Blue—Red—Yellow—Green—Purple) Shells 3 — 5 Multi-Color Flower Rising with Blooming Flower Shells 6" Red and Blue Dahlia with Salute Shells 3 — 6" Silver Kamuro with Purple Flower Shells 3" assorted aerial shells powerball Brand:Red; Lemon; Kamuro; Green Comets; Rainbow ��. Comets; 2-Break White Spangle and Purple; 2-Break Blue Rays and 39 1� Blue Crackling; 2-Break Kamuro with Kamuro; Lemon Comets; 2- Break Green Rays and White Spangle Sunny Brand: Green&Purple Peony; Crackling Willow Flower with 48 Tail; Yellow Peony; Gold Flitter; Blue to Crackling; Green Peony; Blue Peony; Red Palm with Red Tail; Green Strobe Willow & Silver Fish with Tail; Silver Peony Lidu Brand: Red Ring; Brocade Crown; Silver Tiger Tail; Green 44 Comet with White Peony; Crackling Comet with Report; White Ring; Purple Comet with Yellow Peony; Blue Tiger Tail; Red Comet with Report; Blue Ring ° An Ping Brand: Purple Peony to Crackling Stars; Red Ring with 36 Crackling Pistil; White Wave Ring with Colorful Chrysanthemum; Green Bees; Blue Ring with Brocade Center; Green Peony to Crackling Stars; White Bees Silverado Brand: Comet Silver Pearl; Comet Gold Aluminum Comet; 21 Gold Lace Crossette; Comet Platinum Crossette Caballer Brand: Mine Yellow Serpentine with Report; Mine Green; 30 Mine Multicolor;Mine Titanium Serpentine with Screamer; Mine Blue; t A 1 A L L[R Mine White; Mine Red Serpentine with Report & Whistle;Mine Red Vulcan Brand: Diamond Screamer & Red Stars; Midnight Snow; 33 Golden Whirl and Blue Stars; Twilight Glitter to Blue, Diamond rM Screamer & Yellow Stars 1/a.c�uv 4" assorted aerial Shells powerball Brand: Multicolor with White Tail; Orange & Crackling with Piocha Tail; Kamuro & Green Rays with Piocha Tail; White Flitter& 22 JCMM ball• Pink with Piocha Tail; Lemon Comets with White Tail; Aqua Comets with White Tail; Kamuro with Kamuro Tail; Yellow Serpentine with Reports; Whirls Titanium with Report &Purple; Screamers & Fuchsia Sunny Brand: Blue Chrysanthemum with Silver Palm Pistil; Bowtie 26 Green Strobe; White Dahlia; Variegated Stained Glass;Red to Silver Diamond; Silver Strobe Willow; Red to Blue Crackling Tail Peony; Red to Silver Diamond Lidu Brand: Brocade Crown with Strobe Pistil with Gold Tail; 24 Silver Crown with Strobe Pistil with Silver Tail; Yellow to Purple Peony; Red & Crackling Stars; Gold Chrysanthemum with Green Pistil; Blue to White Peony; Color Chrysanthemum An Ping Brand: Red Palm with Red Tail; Blue Palm with Blue Tail; 17 Silver Palm with Silver Tail; Green Palm with Green Tail; Gold Palm Tree with Gold Tail Glorious Brand: Silver Spangler& Red; 5 Color Chrysanthemum 21 with Silver Tail; Silver Double Ring;Red Double Ring; Blue to Silver Peony with Silver Tail; Red Wave with Silver Tail; Green Coconut with Gold Tail; Red Peony with Blue Pistil with Gold Tail 21 Vulcan Brand:Brocade; Grasshopper Green & Gold Glitter; Tourbillion with Report; Cardinal Purple & Twilight Glitter 5" assorted aerial shells Sunny Brand: Red to Silver Crackling Spider;Gold Bowtie with 25 Green Dahlia Ring; Fish with Silver Tail; Yellow Dahlia with Yellow Tail; Silver Strobe Willow with Silver Tail; Gold Brocade Kamuro with Tail; Thousand Red Chrysanthemum e Lidu Brand Silver Crown; Red Bees; Blue Bees; Silver Bees; 27 Red Five Point Star with Silver Wave Ring; Purple Peony; Red to Yellow to Purple Peony; Blue Chrysanthemum; Yellow Chrysanthemum; Glittering Silver to Purple Chrysanthemum Glorious Brand: Yellow Peony with Red Pistil & Silver Tail; E 5 Color Chrysanthemum with Silver Tail; Red Peony with 19 Blue Pistil &.Silver Tail; Sunflower with Rising Jets; Brocade Crown to Green with Gold Tail;Poinsettia;Color Changing Saturn Brothers Brand: Green Wave Ring; Thunder with Purple Ring; 23 ,' ' Triple Ring Pattern; Atomic Sign Pattern; Red Heart Pattern �:�. with Silver Ring; Silver Snail Pattern; Sunflower Pattern; Green Flashing; Saturn Shell Pattern Caballer Brand: Gold Willow to Variegated with Report; Rainbow with Reports; Rainbow Comets;Kamuro with Kamuro 17 A l.ttt a ° ` Tail; Mine Whistles with Reports; Mine Screamers with Reports t Vulcan Brand: Sapphire Blue to Brocade;Ruby Red to Brocade; 18 ! Cardinal Purple with Silver Crossette Orchid; Yellow Crossette; Red WTM to Green Crossette; Twilight Glitter to Sapphire Blue with Ruby Red CAN Pistil 6" assorted aerial shells Sunny Brand: Red Gamboge to Silver Strobe with Silver.Tail; Gold Glitter Crossette;Blue Crossette; Gun Fighting; Silver 25 Crossette with Crossette Mine;Variegated to Strobe Willow; Green to Diamond Rain; Silver Crackling Spider with Crackling Pistil Lidu Brand: Red Lantern Parachute; Silver Whirl Flower; Strobe to Report with Red Ring; White Lantern Parachute; Blue Peony 23 with Palm Tree Pistil-0,Red to Silver Crown;Green Chrysanthemum; Red to Yellow to Blue to Green Peony; Purple Peony Glorious Brand: Green to Silver to Purple; Color Changing Saturn;" 19 Thousand Blooming Flower; Brocade Crown to Purple with Gold Tail;Kamuiro to White Tips; 5 Color Chrysanthemum with Silver Tail; Kamuro with Thousand Blooming Flower ® An Ping Brand: Cluster of Stars; Red Splendid Flower; Gold 19 ms, Willow with Silver Glitter; Red Crackling Willow; Blue Crackling Willow 15 Vulcan Brand: Green to Brocade with Blue Flower; Silver Kamuro TM with Purple Flower; Brocade Green to Brocade and Red Flowers WCAN large diameter aerial Shells 8" 10" 12" Sunny Brand: Purple Sun with Glitter Palm Core; Thousands of Kamuro Twinkling; Silver Brocade Dragon; Charcoal Chrysanthemum with Variegated Pistil; Gold 5 4 Q Flitter with Green Pistil &Gold Tail; White Dahlia; Gold Flitter with Green Octopus; 4-Color Changing Peony with Silver Tail; Gold Brocade Kamuro to Silver TM Vulcan Brand: Multicolor to Brocade;Brocade with 3 2 0 Blue Flowers; Thousand Flowers Brocade with Sparkling Silver; Silver Kamuro with Purple Flower; Brocade Lidu Brand: Red Chrysanthemum to White Flashing; Golden Willow to Green; Red to Silver Crown; Green to 0 5 4 Q Silver to Blue Peony; Blue Chrysanthemum with Yellow Pistil; Red to White to Blue to Silver Peony; Green Peony with Palm Tree Pistil; Green to Gold to Purple; Blue Peony with Palm Tree Pistil Glorious Brand: Palm Tree with Gold Tail; Glittering Gold to Multicolor Chrysanthemum; 5-Color Chrysanthemum 3 3` with Silver Tail; Red-Blue Chrysanthemum with Blue-Silver Pistil & Tail; Silver Chrysanthemum with Silver Tail; Brocade Crown to Purple with Gold Tail 1 Grand Fi nale i l/ 108 — 2 % " Dragon Egg with 108 — 2 %2 Crackling Comets 144 - 2 %2 Multi-Color Chrysanthemum with 144 - 2 /2 Salutes 50 — 3" Glittering Multi-Colored Dahlia Shells 50 — 3" Brilliant Colored Chrysanthemum Shells 50 — 3" Radiant Assorted Palm Tree Shells 0 50 - 3" Brocade Crown Shells 100 — 3" Shimmering Silver Comet Shells 100— 3" Salutes 9 — 4" Red to Blue Crackling Tail Peony Shells 9 — 4" Variegated GS Color (Stain Glass) Shells 9 — 4" Gold Flitter with Purple Pistil with Gold Tail Shells 6— 5" Red 5 Point Star with Blue and White Ring Shells 6 - 5" Sunflower Pattern with Rising Comet Shells 6— 5" Silver Brocade Dragon Shells 6— 5" Aqua Peony with Orange Pistil Shells 6— 5" Purple with Silver Crossette Orchid Shells Grand Finale Continued /tI 5 — 6" Red to Brocade and Blue to Brocade Shells 5 - 6" Green Diamond Rain Shells 5 — 6" Brocade with Blue Flowers Shells 2 —8" Red to Silver Spider Shells 2 — 8" Purple Sun with Glitter Palm Core Shells 2 — 8" Red to Blue with Gold Brocade to Blue Pistil Shells 1 - 10" Red to White to Blue to Silver Peony Shell I — 10" Gold Kamuro with Multi-Blooming Flower Shell 1 = 10" Gold Flitter with Green Octopus Shell 1 - 10" Red to Silver with Red Brocade Pistil Shell