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13-0305_BAY FIREWORKS_D7_Agenda Report
uM 3/5/2013 D7 95 J rWfiM�N City of San Juan Capistrano Agen ort TO: Karen P. Brust, City/an FROM: Cynthia Alexander, Acting Community Services Direo�/� DATE: March 5, 2013 SUBJECT: Consideration of a Personal Services Agreement for the 2013 4th of July Celebration Aerial Fireworks Display (Pyro Engineering, Inc. dba: Bay Fireworks) RECOMMENDATION: By motion, approve the Personal Services Agreement for the 2013 4" of July Celebration Aerial Fireworks Display with Pyro Engineering, Inc. dba: Bay Fireworks, in the amount of$29,000. EXECUTIVE SUMMARY: Staff sent Request for Proposals (RFP) for an electronically fired aerial fireworks display to be choreographed with synchronized music to five (5) recognized fireworks companies: Pyro Engineering, Inc. dba: Bay Fireworks, Fireworks & Stage FX America, Lantis Fireworks & Laser, Inc., Pyro Spectacular, Inc., and Zambelli Fireworks. There were three bids received and Pyro Engineering, Inc. dba: Bay Fireworks was the lowest bidder, at $29,000 (Attachment 1). In 2012, Pyro Engineering, Inc. dba: Bay Fireworks was selected as the contracted provider for the 4" of July fireworks display. The Community Services Department received positive responses from the public and the staff had a good working rapport with the provider. DISCUSSION/ANALYSIS: The three bids received were from Pyro Engineering, Inc. dba: Bay Fireworks, with $29,000, Pyro Spectaculars, Inc. with $29,500, and Zambelli Fireworks with $32,000. The three proposals have been inputted in a Comparison of Proposal Chart (Attachment 2) to identify the amount of pyrotechnic products each company offered for the fireworks display. City Council Agenda Report March 5, 2013 Page 2 of 3 The Comparison of Proposals Chart (Attachment 2) shows that the Diamond and Emerald Multishot devices offered by Pyro Spectacular, Inc. appear in larger quantities, but this pyrotechnic product produces high-impact, rapid-fire effects that only reach heights of 25 feet and cannot be displayed along with 3" shells, 4" shells, and 5" shells. These devices, also known as "cakes," paint the sky with endless colors, noise and special effects at a low level view in contrast to the Salutes which is a shell intended to produce a quick flash of light followed by a loud noise along with visual effects that reaches heights of 50 feet. Salutes complement the 3" shells, 4" shells and 5" shells which add to a grander performance. At first glance, the Multishot devices appear to have more impact for the dollar, but are geared for a program that serves a low level fireworks display. Salutes provide a better show for spectators near and far and are more cost effective. The Personal Service Agreement (Attachment 3) includes a Scope of Work and contracted services agreed to be performed between the City of San Juan Capistrano and Pyro Engineering, Inc. dba: Bay Fireworks for the 2013 4th of July aerial fireworks display. The 4th of July Celebration event will be held on Thursday, July 4, 2013, from 3:00 p.m. - 9:30 p.m., at the San Juan Capistrano Sports Park. The day's festivities include live stage entertainment, rides, games, food vendors, and an aerial fireworks display. FISCAL IMPACT: The Community Services Department estimated a budget of$30,000 for the 2013 aerial fireworks display. Staff started a fundraising campaign and has received $16,500 in donations as of January 2013, with the objective to raise the balance of$13,500 by May 2013. Recent donations from Tuttle Click's Capistrano Ford of $500, Lt. Col. Markham and Mary Campaigne of $250, Excel Electric of $1,000 and a committed donation from The Toll Roads of$1,500; will leave a balance of$10,250 remaining to be fundraised. Pyro Engineering, Inc. dba: Bay Fireworks, proposed a fee of $29,000. A payment of $14,500 will be made from the current Fiscal Year 2012-2013 budget, with the remaining balance of$14,500 paid in the Fiscal Year 2013-2014 budget. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: On October 16, 2012, City Council determined to move forward with the fireworks display and directed Community Services Department to coordinate fundraising efforts to pay for the 2013 fireworks display. City Council Agenda Report March 5, 2013 Page 3 of 3 COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On February 25, 2013, the Parks, Recreation, and Senior Services Commission approved a recommendation to the City Council to approve the Personal Services Agreement for the 2013 4th of July Celebration Aerial Fireworks Display to Pyro Engineering, Inc. dba: Bay Fireworks, in the amount of$29,000. NOTIFICATION: Pyro Engineering, Inc. dba: Bay Fireworks Dennis Brady Jr., CEO c/o Al Newman, Sales Manager and Show Producer Pyro Spectaculars, Inc. Sam Bruggema, Pyro Show Producer Zambelli Fireworks Irving Perry, Western Region Manager ATTACHMENT(S): Attachment 1 - Pyro Engineering, Inc. dba: Bay Fireworks Proposal Attachment 2 - Pyro Spectaculars, Inc. Proposal Attachment 3 -Zambelli Fireworks Proposal Attachment 4 - Comparison of Proposals Chart Attachment 5 - Personal Services Agreement Attachment 6 - Location Map i*A O'RKS 51554Anu.sss O0r.nnd. silt 140 A,mLtlmN1111,U 110] 1t4'�5�°s Cynthia Alexander apWSfimAmbxan wx+r.Wyfnevab.r.m Community Services Supervisor 25925 Camino del Avlon San Juan Capistrano,CA 92675 Dear Ms.Alexander, Based on the Information I received from you,Bay Fireworks Is proud to submit wodd Gass Produleons the following proposal for your 4th of July Fireworks display for the city of San r.m.nslmrer�m Juan Capistrano.I am ocnfdent that we will provide you one of the largest and nwm on.yw.�a best fireworks displays in Southern California. Cs'l0meran 4wm nrs..... mrv.vsmA'l.perm minwul prom nmmrr,nr As you look through the stype or the work Bay Fireworks will provide,I Uelive I concernscer nnvrs sanr�,e,uty have answered all of your concerns regarding your 41h of July event. u:.e,vlou.m assn I look forward to hearing from you after you have reveiwed our proposal.If you have any questions,please do not hesitate to call me. Sincerly, Malor Sporesevenu At Newman cujd p+gueL,MLI Sales Manager,Show Producer es.orymPx C.rmalrt California Operations smes+mnolewra+ Say Fireworks,Pyro Engeering Inc. xelxi.droWwntr+s.r 714.602.9648 Office Idiom 1e+p.d 01060Psxa.B. 714-420.5990 Cell PcnAlvw.cmnmun.nl, al@bayfirevmrks.com <amse rnawo Close Proximity and 0lumin.6... x,+.rr+nr.e C*bvos. 411,.1 mry eemennm Celmnnem sl,dxm C.nmure9nau Innuka/naw Pn4 rMm"P ddal.emr CWel0a S'W tilos "'e—ft A-10dWde lautl ATTACHMENT s} s} tf � Cr KRKS {, C N f I N G r R I N G $r �t fi a SP =� SCOPE OF SERVICES 5.! fr Bay Fireworks is welt known for attentiveness and responsiveness to our clients needs. Our prompt and courteous service, along with our web of strategically located storage and distribution facilities across the US. makes us uniquely qualified to design and produce hundreds of events across the Nation.Our diverse list of clientele and their testimonials to our -�- achievements, assures new generations of events that they too are in good company. Within this diverse list of credits and clientele are groups who appreciate the true art of pyrotechnics and welcome the opportunity to be involved in the various stages of their productions. Others 'r however, prefer little if any involvement. Whatever your preference, the finished productions are flawless works of art. Our strict adherence over the last 24 years to all Bureau of Alcohol Tobacco Et Firearms, Department of Transportation, and Occupational Safety & Health Association standards recognizes us as industry leaders in safety and compliance. Based on our meetings we propose the following to ensure turnkey productions: Design: 1. Provide a preliminary site Inspection 2. Establish the selected firing or launch sites within your parameters. 3. Determine the correct firing and launch specifics regarding equipment. 4. Build and assemble to Bay Fireworks specifications launch infrastructure, with strict compliance to NFPA standards. 5. Fully integrate all firing and command locations, into one seamless element. is Production: 1. Maintain any necessary wiring or hardware required. 2. Provide a synchronized fireworks display to music of your choosing. 3. Strike the command center returning the area in "like condition". 2 tvlr f13h 1}1l tr tr it�":>:T ft %r:v:t fr�utr'.: trr}+"S{S .r Gir tr '�=r is vi? tr� 1} u.4�76`X{T�'{r.t tr t' fS CONCEPT ,^_• ter DEMON19 tr INTREPID SEA,AIR e.SPACE MUSEUM t' j RETURNS TO NEW YORK CITY 1^4 tr PROovCUOR 1i UNIVERSAL ORLANDO RESORT L7 �r s7 pr 1} � cY Our goal is to provide our clients with an unrivaled level of service in all areas pyrotechnics demonstrating a level of excellence that only Bay Fireworks can provide. Many of our clients tr ^r and people they have entertained have seen fireworks displayed to music, but few have .t enjoyed the sheer magic of a genuine pyro•musical display, where precise designand �t =r interpretation allows for the most elaborate juxtaposition of fire and music. This is our expertise, and we submit the following creative fireworks concepts for your review and consideration. ,4 Concept: The integration of well known musical scores into our productions combines space for the it fireworks to develop with a strong sense of direction and purpose. Audiences respond well to contrast, and we use a number of atmospheric effects to create the background for sudden and overwhelming injections of pace, color and scale. These changes are achieved by a sudden change of mood within a piece of music, or by the transition from one piece to another. Utilizing your existing environment, we will utilize all aspects and materials available in our industry. Contained in the following pages are just a few of our choice fireworks manufacturers that build materials to our specifications, which are designed specifically for venues such as yours. Design: Utilizing specialized designs and launch apparatus for each event is imperative. Our design engineers who have visited the firing location, have taken precise measurements to prescribe well in advance exactly what wilt be needed to ensure that our show design parameters meet our specifications for safety and integrity while maximizing visual impact. Your musical presentation will draw all the elements together into one clear and concise program. �r Production: Bay Fireworks will provide a site visit to review show specifics and to make certain all materials in our proposal are in conformity with your display site. On the morning of your event, our team will begin the installation of the pyrotechnic equipment and then pyrotechnic materials. xr The person in charge of the command center witl meet on site with your designated liaison to c} review musical coordination. Our team will then produce a flawless production. fr 3 trtrtrtr*trtrtrtrtrtrtrtrCr sttrtrtrtrtrtriT*trtr**trtr*trtrtrtr**trtrtr******** FIREWORKS INVENTORY 00 AL JUAN PAGE * CAPISTRANO AERIAL SHELL SEGMENT I[amsl®) %AI�REWORKS APPROXIMATE LENGTHS 18.20 MIN * * OPENING SEGMENT QTY Proposedlnvenrary * Special Salute Barrages 300 AedplShell Se~ { July 4 2013 Three-Inch Shells 150 plOg m Vahmi $",.000 * * Four—Inch Shells 20. IT fr q14:. fl Five-Inch Shells 15 ¢ * * * * * * * BODY OF PROGRAM QTY * * * * * Three-Inch Shells 325 I,I * a * * {'r Four-Inch Shells 310 {'r Five-Inch Shells 250 {r LPGA MICHELOB ULTRA OPEN {T {y AT RINGSNILL RESORT tr r GRAND FINALE QTY ** y} * * * Special Salute Barrage 300 * * * Three-Inch Shells 450 * * * Four —Inch Shells 40 * * jAX * * Five-Inch Shells 35 BAY FIRmokics, NEW YEAR'S EVE NYC tr * trtrtrtrtr*it fr{r trtrtr*irtrtrtrirtr*trtrtrtrtrtr*{ytrtrtrtr*trtrtrtrtrtrtr*trtrtrtr*tr 4 Outdoor Aerial Flroworks rv£r �r sk�r Cr tY4yh uuvir tir Cr{t:`r{'r it Crxu�uLt�uv57 fx .r£Awui7�i�'rvirvv v .s {r r. Illumination 1 kPOORKS u Mid-Level Effects 1 � u CANDLES u Size - 15-30nim 0 30mm Color Crossette Candles u o 40 30mm Blue Bombettes Candles Nt 30mm White Flitter Candles y O! 30mm Gold Rain Star Candles {y u +0 30mm Brilliant White Mag Candles 41 30mm Gold Flittef Crossette Candles u Cr ! 0 30mm French Mosaic Candles 10 u s tr tx u tt STAR MINES � ¢ it Three-Inch 0 3" Glittering Crossette Mine t, AN 3" Silver Crossette Mines t 0 3" Sparkling Strobe Mines � u 40 3" Patriot Colors Mine s {r v Four-Inch S u tir v !4" Gold Glitter with Purple Mag Stars !4" Silver Crossette Stars Mine +61t 4" White Flitter with Red Mag /Whistles L it 0 4" Mag Colors with Scattering Stars Mine v W 914" Mag Colors with Swimming Fish Mine u u ■I! 4" Colorful Crossette Mines y 40 4" Super Crackle Mine w 04" Brocade Waterfall Mine u 1 S3 v u iri: f:•irvCr fr{Ps:• uu{�utr{rs'rs:r�:rutit{rvi; iivi;Y:r cr s:rs:r it Ur .r it it si �'r fr i, i: it{r it 6 ii REFERENCES 71� 11YFIRMORKS Bay Fireworks 400 Broadhol[ow Rd,Suite 3 Farmingdale, NY 11735 Phone 631-390-8620 fax 631390-8621 Credits and Commendations Kennedy Space Center Celebrates N.A.S.A.'s 50th Anniversary 7 Jamestown Virginia— 'America's 400th Anniversary Atlantis Hotel & Casino, Paradise Island, Nassau Universal Orlando Resort, Orlando, FL Intrepid Sea, Air & Space Museum = 4 Busch Gardens / Sea World Theme Parks - VA, FL,TX Universal Orlando Resort Paramount Theme Parks - Kings Dominion, Richmond, VA Inaugural Sailing "Pride of America" & "Norwegian Gem" Wait Disney Pictures "Pirates of the Caribbean" II VIP launch President Bush/Clinton Election Campaigns/Birthday Celebrations Republican National Convention, New York City Cunard's Queen Mary II July 4th Celebration - Newport, RI Rhythm & Booms, Madison, WI Concert Tours: Jimmy Buffett, Beach Boys, Mariah Carry, Survivor, Katy Perry, SHM, Alice Cooper NASA's 50th Anntvmary Rosecliff Mansion & Breakers Centennial Celebrations, Newport RI State Games of America, Hartford CT U.S. Military Installations: Wright-Patterson AFB, Fort Monmouth, Fort Benning, Fort Rucker, Fort Campbell, Naval Station Newport, Fort Hamil- ton, Groton Naval Station, Fort Bragg, Cherry Point, Norfolk Jessica Simpson Columbia Records Album Release, NYC Jacksonville Jazz Festival, Jacksonville, FL E . The History Channel, Battle of Monmouth Reenactment New York Mets Jones Beach State Park, Star Spangled Blast, NY The Learning Channel, "Beyond Tough' w/ Ice T Bronx Salute To America, New York, NY International Symposium on Fireworks at Wait Disney World, FL Chinese New Year - Manhattan, Queens, Bronx Court TV 101h Anniversary Celebration, NYC Millennium Celebrations @ Ft. McHenry, Baltimore Harbor, MD Caesar's Casino 20th Anniversary, Atlantic City, NJ City of Las Vegas Independence Day, Las Vegas, NV Brom Borough Celebration SunBowl, El Paso, TX Elite Model Management, NYC OpSail 2000 - New York, New London, Newport Bethlehem Muslkfest, Bethlehem, PA National Football League, Monday Night Football Target Stores Grand Openings, Multiple Locations, U.S. State of Wisconsin Sesquicentennial, Madison WI The History Channel, "Star Spangle Banner Story" Katy Perry/USO Montauk Lighthouse Bicentennial, Long Island, NY Paramount Pictures "Sabrina" w/ Harrison Ford Empire State Games, NY Capital Cities Celebrations: Albany NY, Hartford CT, Trenton NJ, al- timore MD, Boise ID, Madison WI, Providence RI, Concord NH, Salt Lake City UT, Atlanta GA, etc. ACLU 90th, Fort Tryon 75th Republican Convention uvuvr:i � ufru {r it .r � uir : - •. . _. :. :; :. s:r is u :rvu:iuu :.• irG �r +r Your action here, as well as your respon- "I just wanted to drop you a note to lei you fa 11 siveness show me that the two of you really know about the wonderful comments we've care about the quality and the perception received on your New Year's Eve Fireworks dis- ry by others of what you do. The fact that play of First Night Annapolis. We heard many v {'r Charlie personally attended our show is, to comments on how fantastic the fireworks were - s} tit me, an Indication of your pride in your especially the special effect shells... the colors '4 work. Then: were MANY things about this were brilliant" - years performance to be proud of, and, on Janice Gary, First Night Annapolis behalf of our team, we thank you for them. { � Terry Kelly, Rhythm & Booms, Madison WI {r ?r "The fireworks display here at the Atlantis was rr The fireworks display was excellent, and spectacular. Your Office Staff and Team of '` f {7 the quarter-million people who viewed it technicians were superb and extremely proles- {y it were thoroughly thrilled." - George Gor- sional. I look forward toward working with you * y+ man, New York State Parks (Jones Beach) on other events". - Michele Wiltshire Atlantis, G Paradise Island, Nassau Bay Fireworks is a GREAT company to work y' with, and Charlie Rappo - is the best in the u` �. business. We use them in NY, now DC, FL, "I just wanted to let you know how great your c, and soon to be LA and Philly. Our members show was at SunFest. Everyone is still talking {r u - and guests offend the show - to the tune of about it" - Leah Rockwell, SunFest of West {'r 2,000 people, that are blown away. ® Palm Beach �+ Dan Scavino, EVP&GM Trump Golf Westchester "I wanted to thank you for the wonderful fire- "My family was very pleased with the per- works show. It was truly amazingl The Techni- formance by Bay Fireworks at the Millen- cion in charge was great and kept up a won- s'r nium party at our Connecticut home. The derful pace. - Stacy Read, Ventum Port District Cr v fireworks display was full of surprises, and �e {+ our guests were left dauled by your fine 'a show." - Phll Donahue &Mado Thomas of California's sun koscd,seaside playground.., "It was a pleasure to work with a group offering the professionalism and flexibility "On behalf of the Empire State Gomes and the t"r needed to operate in such a unique venue thousands who witnessed your spectacular dis. as the Seaport. Thanks again for your play at our opening ceremony, I just wanted to ,G wonderful production." - say thank you, and WOWII" vRichard GIII, South Street Seaport Fred Smith, Empire State Games `r "It has been a pleasure to work with Bay Fireworks over the years on key efforts when second �r ¢ best will not suffice. Your staff once again went beyond what was necessary to make it an extra v special experience. Your display in Utah was viewed by many of our most important Intema- {y v tional sponsor companies... Thanks again for a terrific job." - 4 ygy,�riy,-�py Chris Sullivan, U.S. Olympic Committee SAVII KS .' ,..sir {'r'h tt�r si thu [rf'r sh s7•`a iYu uuir i;tir tir s:ru{rO{'r£r{7$r X`r 9 AC 0 CERT'IFICAT'E ®F LIABILITY INSURANCE 04/23/2012 ' 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 cortIficato holder Is an ADDITIONAL INSURED,the pollcy(lss)must be endorsed. If SUBROGATION IS WAIVED,subjoct to the terms and conditions of the policy,certain poficles may require an endorsement. A statement on this certificate does not corder rights to the certificate holder in Hou of such andorsomenl s. PRODucER Allied Specialty Insurance,Inc. 10451 Gulf Boulevard Treasure Island,FL 337064814 K; 1-800-237-3355 INSURE AFFORDING COVERAGE NAlca But RERA:T.H.E.Insurance Company 12666 INSURED Pyro Engineering,Inc. 1831102110 dba:Bay Fireworks u, c 400 Broadhollow Road,Suite 3 MURSRO' INSURER E Farmingdale,NY 11735 INSUImRP: COVERAGES CERTIFICATE NUMBER: 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. TYPE OF IIISURAHCE POUCYNU►MBER rummoffmi UNITS A GENERALUASIUTY CPP0101284.02 0&11412012 05114/2013 EACHOCCURRENCE $.1,000,000 X COUMERCMOEIIERA1.114M ITY PRIIIAISES fro rammol� :100,000 CLAILI344ADE EX OCCUR uED EXP IM oro anm+ s PERSONAL&ADV WXRV $1,000,000 GENERAL AGGREGATE :2,000,000 OEM AGGREGATE UMITAPPUESPER: PRODUCTS-G011P10PAOG s2,000,000 POLICY LOCI 1 S A AUTO"00"UADILIIY CPP0101284.02 05/14/2012 0814/2013 1di 1,000,000 ANYAUTO 90MLYMMY(Per Parson) s AT�GXDOLED BODILY INAIRY(Per s0done s UOS"� D UALMUE s HIRED AUTOS OSP Ix $ Au1AERELLAUAe X OCCUR ELP001029M2 051412012 05/412013 EACH OCCURRENCE $9,000,000 X eXCESSUAG CwMS1AADE AGGREGATE 0,000,00D OED 1 1 R07ENTIONS s WORKERS COMPENUM011WG TATO• A ANDEMPLOYERIPUABILRY YIN IWC123842 0511412012 0511412013 ANY PROPRIETORIPARTHERIEIIECUTIVEQ RIa EL EACH ACCIDENT - :1,000,000 OFFICERU MBER M CMEM (MondatorylaMQ E.LCISEASE-EAENFLOY OF O :1,000,000 n yyees dautCio DHSORtpTION OR OPERATIONS hdon EL DISEASE-POLICY UMR S 1, 11'0 00 A Hired&Non-Owned I 11CIPP0101284-02 05/14/2012 051412013 $1,000 Deductible per Claim Physical Damage $35,000 Total/Actual Cash Value DESCRIPTION OF OPERATIOUS I LOCATIONS I VEI4CLE9/Allach ACGRO 101,addlftul Rsm>,ks schsduls.H n,am space Is roqutrsd) Workers Compensation Coverage Is afforded In the Stato(s)OR CT,DE,FL,GA,LA,MD,MA,NV,NJ,NY,NC,PA,SC,TX&VA THIS POLICY DOES NOT PROVIDE DISABILITY BENEFITS IN NEW YORK. EXCESS LIABILITY OVER AUTO OCCURRENCE/ELP0010292-02105114112-051141131 EACH OCCURRENCE:$4,000,000.1 AGGREGATE:$4,000,000. IN».N.I.»»».»NNI..Nff/Np.MtIN.NI.HIfIN»tIN/NN»M..»{IM N►»fINN/N/N»IN«NfNNt»INNN.»N..»..»I».INMN/N.N�«.fNN/N-TI»►.»fNf»«f». PROVIDED AS EVIDENCE OF COVERAGE CERTIFICATE HOLDER CANCELLATION Pyro Engineering,Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE dba:Bay Fireworks THE EXPIRATION DATE THEREOF, NOTICE NRLL eE,D IN 400 Broadhollow Road,Suite 3 ACCORDANCE WITH THE POLICY PROVISIONS. Farmingdale,NY 11735 AM9RfiMO5"E6Z ATIVE �V 01988-2010 ACORD CO PORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 10 January 31, 2013 City of San Juan Capistrano Cynthia Alexander 25925 Camino del Avion San Juan Capistrano, CA 92675 Dear Ms. Alexander, Pyro Spectaculars, Inc. is pleased to present to you our pyrotechnic proposal for your - July 4, 2013 event. We are proposing our special Sky ConcertTM Program "A" in the amount of $29,500.00. Your display is scheduled for 9:00 p.m. and will be approximately 18-20 minutes in duration. Our full service display Includes the services of a licensed pyrotechnic operator, an electronic firing system, show choreography and design, Insurance coverage, sales tax and delivery. We-will process the necessary fire department permit applications. Our winning combination of products, people and production capabilities help produce the ` ' \ best fireworks entertainment package possible. J1P' The City of San Juan Capistrano will be responsible for payment of the Orange County Fire Authority permit fee of approximately $1,618.00 and standby firemen fees, if any. r i The Fire Department may bill you directly for any standby fees for inspections. The City of San Juan Capistrano will also be responsible for providing the display location and all necessary security for the display site. (� Enclosed you will find a Product Synopsis, Production Agreements for signature and �I Scope of Work. Please have one copy of this fully executed agreement returned to our office by April 4, 2013 along with your deposit and applicable fire department fees. Please take the time to review this proposal In detail If you wish to discuss any changes in your program or need more Information, please call either myself or your Customer Service Representative Carina Herrera at (909) 355-8120 ext. 239. Sincerely, SRO SPECTACULARS, ,NCC.. PYRO Show Producer SB/mm Enclosures ATTACHMENT 2 PYRO SPECTACULARS, INC. Pn Rnx 106n •Alninx. CA 91903 •Phone, 16191445-1241 or f8001 624-9360 • Fax: (619) "5-1210 tlULi ci7il�S�[cl`NA � l?OC(�9fl.-7 C��lf)G"�'�G'E�IIr�)�� ° �iC�G!ICdQgGp c/�Gi!1 O Illi C�� C©Gin1L'Slf'1fi�!1P'!7S" ..1 f@dvd sympyes proyachnic Proposal city of SEE J,wa &PQfffMHO Progrffm A —Aly 4, 2919 2Fe500oW Opening Description Quantity 0 3" Sky Concert Opening Salutes 50 Total of Opening 50 Main Body - Aerial Shells Description Quantity ♦ 3" Sky Concert Selections 230 0 4" Sky Concert Selections 180 ♦ 5" Sky Concert Selections 160 Total of Main Body - Aerial Shells 570 Pyrotechnic Devices Description Quanti1hr ♦ Sousa Emerald Line Custom Multishot Device 300 Shots d Sousa Diamond Line Custom Multishot Device 1480 Shots Total of Pyrotechnic Devices 1,780 Grand Finale Description Quantity ♦ 3"Sky Concert Bombardment Shells 120 0 4" Sky Concert Finale Shells 100 ® 5" Sky Concert Finale Shells 45 Total of Grand Finale 266 Grand Total 2,665 3 i d KGB Sky Show 2008 We'd e'd like to thank the City of Son Juan Capistrano for allowing us to make this presentation. Our sincere effort has gone into preparing this proposal. We are eager to hear your comments and answer any questions you may have. We e are confident that after your complete review of our ideas and performance capabilities you will select Pyro Spectaculars by Souza as your fireworks company. sapx Pruggekna PyRO show Producer Pyro Spectaculars,Inc. City of San Juan Capistrano P.O.Box 2329 Program A—Exhibit B Rialto,CA 92377 July 4,2013 Tel:909-355-8120 :::: Fax:909-355-9813 Page I of 4 PRODUCTION AGREEMENT This agreement("Agreement!)is made this day of .2013 by and between Pyro Spectaculars,Inc.,a California corporation,hereinafter referred to as("PYRO"),and City of San Juan Capistrano,hereinafter referred to as("CLIENT"). PYRO and CLIENT are sometimes referred to as"Party"or collectively as"Parties"herein. 1. Engagement•CLIENT hereby engages PYRO to provide to CLIENT one fireworks production("Production"),and PYRO uccepls such engagement upon all of the promises,terms and conditions hereinafter set forth.The Production shall be substantially as outlined in Program"A",attached hereto and incorporated herein by this reference. 1.1 PYRO Duties—PYRO shall provide all pyrotechnic equipment,trained pyrotechnicions,shipping,pyrotechnic products,application for specific pymtcclinic permits(die cost of which,Including standby fees,shall be paid by CLIENT)relating to the Production,insurance covering the Production and tie other things on its part to be performed as more specifically set forth below In this Agreement and In tic Scope of Work("Scope of Work"),attached hereto,incorporated herein by this reference,and made a part of this Agreement as though set forth fully herein. 1.2 CLIENT Duties—CLIENT shall provide to PYRO a suitable site("Site")for the Production,security for the Site as set forth in Paragraph 6 hereof,access to the Site,any permission necessary to utilize the Site for the Production,and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to pyrotechnic safety,suitability,and security.All other conditions of the Site shall be the responsibility of CLIENT,including,but not limited to,access, use,control,parking and gencrW safety with respect to die public,CLIENT personnel and other contractors. 2. Time and Place-The Production shall lake place on.luly 4.2013,at approximately •02. 0 PA1..at San Juan Capistrano Snorts Park;32746 Alinnr. Sari Juan Ca-pictrana.(14 Site. 3. Pecs.Interest,and Expenses- 3.1 pec-CLIENT agrees to pay PYRO a fee of S222_0-00 USD M-VEN7'Y NINE THOUSAND FIVE HUNDRED DOLLARS)(*Fee) for die Production.CLIENT shall pay to PYRO$14.750.00 USD(FOURTEEN THOUSAND SEVEN HUNDRED FiFTY DOLi.ARS1 of tie Fee plus estimated permit and standby fees,specified production costs,and other regulatory costs approximated at 16S . 1N.00 OR an amount to be determined,for a total ofSI6.360.00 as a deposit("Deposit")upon the cxccudon of this Agreement by bath parties but no later than April 4.2013 The bWahce of the Fee shall be paid no later than.lulu 5.2013. CLIENT authorizes PYRO to receive and vcrif�credit and f=anciol information concerning CLIENT from any agency,person or entity including but not limited to credit reporting agencies.The"PRICE FIRM"date,the date by which the executed Agreement must be delivered to Pyro,is set forth in paragraph 20. 3.2 Interest-In tic event that the Fee is not paid in a timely manner,CLIENT will be responsible for the payment of 1.5%interest per month or 18%annually on the unpaid balance. If litigation arises out of this Agreement,the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation,Including,but not limited to attorneys'fees. 3.3 Expenses_PYRO shall pay all normal expenses directly related to the Production including(might,insurance as outlined,pyrotechnic products,pyrotechnic equipment,experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO Including,but not limited to,those items outlined as CLIENT's responsibility in this Agreement and Scope of Work. 4. Proprietary Rights-PYRO represents and wan=ts diet it owns all copyrights,Including performance rights,to this Production,except that PYRO does not own CLIENT-owned material or third-party-owned material that has been included In the Production,and as to such CLIENT-owned and third-party- owned material.CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of,and all copyrights and other rights to,the Production,except that PYRO shall not acquire or retain any ownership or other rights in or to CLiENT-owned material and third-party-owned material and shall not be responsible in any way for such material. If applicable,CLIENT consents to die use of CLIENT-owned material and represents dint it has or will obtain any permission from appropriate third partes sufficient to authorize public exhibition of any such material in connection with this Production.PYRO reserves die ownership rights in Its trade names that arc used In or are a product of die Production. Any reproduction by sound,video or other duplication or recording process without the"press written permission of PYRO Is prohibited. 5. Safety-PYRO and CLIENT shall each comply with applicable federal,state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during thq Production,it shall be within PYRO's sole discretion to determine whether or not the Production may be safely discharged or continued. it shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction,or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond die reasonable control of PYRO. 6. Security-CLIENT shall provide adequate security personnel,barricades,and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the arca for the set-up and discharge of the Production,including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely toll. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors,providers or volunteers;the public;areas to which die public or contractors have access;or any other public or contractor facilities associated with tie Production. 7. Cleanup-PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up,discharge and fallout areas including any environmental clean-up. 5 PS V I-2e Pyro Spectaculars,Inc. City of San Juan Capistrano P.O. Box 2329 Program A—Exhibit B Rialto,CA 92377 July 4,2013 Tel:909-355-8120::::Fax:909-355-98)3 Page 2 of 4 8. ,Permits-PYRO agrees to apply for permits for the firing of pyrotechnics only from the Orange County Fire Authority,FAA,and USCG,if required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary permits,paying associated fees,and nicking other appropriate arrangements for Police Departments,other Fire Departments,road closures, event/activity or land use permits or any permission or permit required by any Local,Regional,State or Fcdcrol Government. 9. Insurance-PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with PYRO's performance of this Agreement:(1)commercial general liability insurance,Including products,completed operations,and contractual liability under this Agreement;(2)automobile liability Insurance,(3)workcrs'compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for bodily Injury,including death,personal injury,and from claims of property damage,which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the scope of Work. Such insurance shall not include claims which arise from CLiENT's negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement,coverage for which shall be provided by CLIENT. The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certifieates of insurance evidencing the required general liability coverage shall be famished to CLIENT prior to the tendering of services hereunder and shall include that the following are named as additionally insured:CLIENT; Sponsors,Landowners,Barge Owners,if any;and Permitting Authorities,with respect to Ute operations of PYRO at the Production. Pyrotechnic subcontractors or providers,if any,not covered under politics of insurance required hereby,shall secure,maintain and provide their own Insurance coverage with respect to their respective operations and services. 10. indemnification-PYRO represents and warrants tint it is capable of furnishing the necessaryexperience,personnel,equipment,materials,providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary,PYRO shall indemnify, hold harmless,and defend CLIENT and Ute additional insureds from and against any and all claims,actions,damages,liabilities and expenses,including but not limited to,attorney and other professional Ices and court costs,in connection with the lou of life,personal injury,and/or damage to property,arising 6om cr out of the Production and the presentation thereof to the extent such rue occasioned by any act or omission of PYRO,their officers,agents,contractors,providers,or employees. CLIENT shall indemnify,hold harmless,and defend PYRO from and against any and all claims,actions,damages,liability and expenses,including but not limited to,attorney and other professional fees and court costs in connection with the loss of life,personal injury,and/or damage to property,arising from or out of the Production and the presentation thereof to the extent such arc occasioned by any act or omission of CLIENT,its officers,agents,contractors, providers,or employees. In no event shall either party be liable for the consequential damages of the other party. 11. Limitation of Damages for Ordinary Breach-Except in the case of bodily injury and property damage as provided in the insurance and indanlnif cation provisions of Paragraphs 9 and 10,above,in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for herein,CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement,and shall not be entitled to claim or recover any consequential damages from PYRO Including,without limitation,damages for loss of Income,business or profits. 12. Farce Maieure-CLIENT agrees to assume die risks of weather,strike,civil unrest,terrorism,military action,governmental action,and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date,which may cause the cancellation of any event for which CLIENT has purchased the Production,or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. if,for any such reason,PYRO Is not reasonably able to safely discharge the Production on the scheduled date,or at the scheduled time,or should any event for which CLIENT has purchased the Production be canceled as a result of such causes.CLIENT may(i)reschedule the Producdon and pay PYRO such sums as provided in Paragraph 13,or(ii)cancel the Production and pay PYRO such sums as provided in Paragraph 14,based upon when the Production is canceled. 13. Rescheduling Of Event-If CLIENT elects to reschedule the Production,PYRO shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15%service ice on such additional expenses. Sold expenses will be Invoiced separately and payment will be due in full within S days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits,materials,equipment,transportation and lobar.The Production shall be rescheduled for a date not more than 90 Days subsequent to Ute date first set Car the Production. The Production shall not be rescheduled to a date,or for an event,that historically hos Involved a fireworks production. Tita Production shall not be rescheduled between June 15Um and July 15Um unless the original date was July 4111 of that same year,or between December 15th and January ISth unless the original date was December 31s(of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods. 14. Right To Canal—CLIENT shall have the option to unilaterally cancel the Production prior to Ute scheduled date. if CLIENT exercises this option, CLIENT agrees to pay to PYRO,as liquidated damages,the following percentages of the Fee asset forth in Paragraph 3.1. 1)500/6 if cancellation occurs 30 to 90 days prior to the scheduled date,2)75%if cancellation occurs 15 to 29 days prior to die scheduled date,3)100%thereafter. In the event CLIENT cancels the Production,it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The farcgoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production. 15. No,taint Venture-It is agreed,nothing in this Agreement or In PYRO's performance of the Production shall be construed as forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein. 16. Applicable Law-This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California. It is further agreed Utat the Central Judicial District of San Bernardino County,California,shall be proper venue for any such action.In die event that the scope of die Production is reduced by authorities having jurisdiction or by either Party far safety concerns,the till dollar amounts outlined in this Agreement arc enforceable. 17, Notices- Any Notice to the Panics permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid,first class,addressed as follows: PYRO—Pyro Spectaculars,Inc.,P.O.Box 2329,Rialto,California,92377,or for overnight delivery to 3196 N. Locust Avenue,Rialto,California 92377. CLIENT—City of Son Juan Cnnistrmo:25925 Camino del Avian.San Juan Canistmnn.CA 92675, PS V I-2c 6 Pyro Spectaculars,Inc. City of San Juan Capistrano P.O. Box 2329 Program A—Exhibit B Rialto,CA 92377 July 4,2013 Tel:909-355-8120::::Fax:909-355-9813 Paige 3 of 18. -Modification of Terms—All terms of Ura Agreement aro in writing and may only be modified by written agreement of bath Parties hereto. Both Parties acknowledge they have receival a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 19. Severabill —If there is more than one CLIENT,they shall be Jointly and severalty responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's offices in Rialto,California. This Agreement may be executed in several counterparts,including fazed and emailed copies,each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their licirs,successors,executors,administrators and assigns. 20. Price Firm—irony changes or alterations are made by CLIENT to this Agreement or If tris Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below,then the price,date.and scope of the Production are subject to review and acceptance by PYRO for a period or 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO,PYRO shall give CLIENT written notice,and this Agreement shall be void. PRICE FIRM through April 4,2013 EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE. See PRICE FIRM conditions,paragraph 20,above. EXECUTED as of die dale first written above: PYRO SPECTACULARS,INC. City arson.luan Capistrano By KANI(VJ�4' By: Its: President Its: Print Name SHOW PRODUCER:Sam Bruggema 7 PS V 1-2c Pyro Spectaculars,Inc. City of San Juan Capistrano P.O. Box 2329 Program A—Exhibit B Rialto,CA 92377 July 4,2013 Tel:909-355-8120 ::::Fax:909-355.9813 Page 4 of 4 SCOPE OF WORK PYRO SPECTACULARS,INC.("PYRO") and City of San Juan Capistrano ("CLIENT") Pyro shall provide the following goods and services to CLIENT: • One Pyro Spectaculars, Inc.,Production on July 4.2013 at approximately 9:00 P.M.at San Juan Capistrano Snorts Park; 32746 Alinaz St.,San Juan Capistrano.CA. • All pyrotechnic equipment,trained pyrotechnicians,shipping,and pyrotechnic product. • Application for specific pyrotechnic permits relating to the Production. • Musical soundtrack for the Production supplied In agreed upon format. e Insurance covering the Production as set forth in the Agreement with the following limits: lusurance Reaulreineirts Lind is Commercial General Liability $1,000,000.00 Combined Single Limit-Each Occurrence (Bodily injury&Property Damage) Business Auto Liability- $5,000,000.00 Combined Single Limit-Each Occurrence Owned.Non-Owned and Hired Autos (Bodily Injury&Property Damage) Workers' Compensation Statutory Emplover Liability $1,000,000 Per Occurrence CLIENT shall provide to PYRO the following goods and services: • All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements,all Site security, Police and Fire Dept.standby personnel,stagehands, electricians, audio and fire control monitors, carpenters,plumbers,clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT. • Coordination and any applicable non-pyrotechnic permitting with the local, state or federal government that may hold authority within the Production. • Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site(if different)on the date of the Production and all set-up and load-out dates,including water security to keep unauthorized people,boats,etc. from entering the Safety Zone. • A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio engineers for operation based on audio and communications requirements provided by PYRO. • General Services including,but not limited to,Site and audience security,fencing,adequate work light,dumpster accessibility,a secure office for PYRO personnel within the venue,secure parking for PYRO vehicles,access to washrooms, tents,equipment storage,hazmat storage,electrical power, fire suppression equipment,access to worksites,necessary credentialing,etc.,will be required as necessary. 8 PS V 1-2c Zambelli fce603s7142 F I R E W t7 R K S boom@lightspeed.net December 26, 2012 Cynthia Alexander Community Services 25925 Camino del Avian San Juan Capistrano, CA 92675 Dear Ms. Alexander: As requested in your letter of November 26, 2012 here is our proposal for your 2013 Fireworks Display to be held on July 4th at San Juan Capistrano. I believe I have addressed the concerns detailed in the Scope of Work. However, should you require additional information please do not hesitate to contact me. While telephones do continue to work. sometimes e-mail is more efficient. I may be contacted at boom(o).lightspeed net. I will look forward to hearing from you after you have reviewed the proposal at which time we can discuss your display in more detail. T nk you for ns' ering Zambelli Fireworks ngPery I ester I on ager ATTACHMENT Zambellie F I R E W ❑ R K S References 2013 References 2013 Timide, Over Louisville, Kntlndy Dcdry m Channel Islands Harbor Furdation,Ia. n Mr.Wayne Hettinger Ms.Susan Watkins 10420 Covered Brldgge Road 3900 Pelican W oy Prospecp KY M10059 Oxnord,CA 93035 502 228-6080 805 382-3013 & years 13 years Vbar County Fair Ms. Barbara Boeste�QrborBlvd. d 10 W.Harbor Blvd. Ventura,CA 93001 805 207-7667 ZI years LA Beaches nrol IlnH s AVI HolellCasiva Ms.Cauinn Love Ms.VUgmia 5pence 13837 Fiji Way P.O.Box 89020 Marina del Rey,CA 90292 Lou Min,NV 77011 310 305.9511 702 535-5530 12 ears y y Marina del Rey Parade n/Lio' I9 ears Msy.Gradq Wlvd,St 8939LoseAnglve;dya CA 90045 310-670-7130 Nalrrmad Tminui8 Crater Knoll's Berry Faro, Ms.Susan Clark Ms.Julie Owens NAF Procurement,Bidg.550 8039 Beach Boulevard Port Irwin, CA 92310-5000 Buena Pork CA 90620 760 380-3350 714 220-5092 15 years 13 years Brovistde Country Chd, Laid., Maniui IVinely Ms.Aleda Robbins Ms.Carolyn Martini 3603 St.Andrews Drive P.O.Box 12 Stockton,CA 95219 Saint Helena,CA 94574 209 956-6200 800 321-WINE 4 years 1 18 )mars Cniifoniin's Great Anreriru Ms.Cam!Masters 2410 Agnew Rood Santa Clava,CA 95054 408 986-5915 6 years The Menlo F]nid City of Hnnlluglei Dead, Ms.Kim Gallick Ms.Sharon Griffin 783.39 Rio del Mar Blvd. 2000 Main Street Apins,CA 95003 Huntington Beach,CA 92648-3703 831 685-3317 714 960-0878 10 years 4nears Fall ty-Nine Pol Marine Base Mr.Robert L.Miller MAGTFrC MCAGCC, Box 788100 Twenlyrdne Palms,CA 92278.8100 760 830-5053 14 years City of Alhevhra Edwards Air Fo. Is, Ms.Cynthia Jarvis Mr.Nicholas Condos I i 1 South First Street 15 South Wolfe Avenue Alhambra,CA 91801 Edwards APB,CA 93524-1185 626 570-5048 661 277-9118 9+ years Is years 2 • P.O. Box 986 Shaft r, CA 93263 Zambelli office lax 6617482844 F I R E W R K S boom@lightspeed.net Delay of Show and Unfired Shells 1) For shells not shot, we will compensate San Juan Capistrano Community Services for the unfired number of shells greater than 3% of the total number of shells in the show at a rate consistent with the cost of the respective shells. 2) If the show is delayed and such delay is attributable solely to Zambelli and exceeds 15 minutes, we will compensate at 3% of the display budget for each 15 minute period the show is delayed. 3. If the show is unable to continue after it was already started, and the cause is due solely to Zambelli, we will compensate based on the same criteria as paragraph #1 . However, in this case, the minimum percentage of unfired shells stated in paragraph #1 will not be deducted. Zambelll Fkeworks 12/27/12 3 Zambelli F I R E W R K 5 A Snnp(er of SPECIALTY SHELLS and SCENES SPIDER WEBS IN GOLD This scene is comprised of Zambelli's own spider web shells. These spider web- like shells will weave their way across the skyline. The effect grows larger until the last web falls. MIDNIGHT AT THE OASIS An oasis grows out of the night as silver and gold palm trees explode over an arch. These shells leave heavy hunk-like tails upon leaving their mortars. COLOR CHANGING FLOWER This barrage will focus in on the finest oriental color changing chrysanthemum and peony shells. Perfectly round, these flower-like shells change in color from red to blue, to yellow, to green. SERPENTS AT SUNSET These are Zambelli's renowned serpent shells that spin their long tails high in the sky only to fall into the r ght. STARS RINGS and HEARTS Real crowd pleasers, this display of pattern shells will bring out the oohs and ahhs when five pointed stars, rings and hearts erupt in the sky. STROBNG SENSATIONS These shells are brilliant in their illumination. When fired in multiples, they create a sky full of red, green, violet and white strobing light. 4 Zambelli F I R E W R K 5 �l saiy(el• of SPEC A TY SHELLS and SCENES SPIDER. WEBS IN GOLD This scene is comprised of Zambelli's own spider web shells. These spider web- like shells will weave their way across the skyline, The effect grows larger until the last web falls. MIDNIGHT AT THE OASIS An oasis grows out of the night as silver and gold palm trees explode over an arch. These shells leave heavy trunk-like tails upon leaving their mortars. COLOR CHANGING FLOWER Tltis barrage will focus in on the finest oriental color changing chrysanthemum and peony shells. Perfectly round, these Flower-like shells change in color from red to blue, to yellow, to green. SERPENTS AT SUNSET These are Zambell 's renowned serpent shells that spin their long tails high in the sky only to fall into the night. STARS RINGS and HEARTS Real crowd pleasers, this display of pattern shells will bring out the oohs and ahhs when five pointed stars, rings and hearts erupt in the sky. STROBING SENSATIONS These shells are brilliant in their illumination. When fired in multiples, they create a sky full of red, green, violet and white strobing light. 5 F I R E W O R K S Community Services San Juan Capistrano,California December 21, 2012 vaganza yr { # ' 6 belli Za FIREWL7 R K S Community Services San Juan Capistrano, California December 21, 2012 With your display for $32,000.00 we will provide the following: OPENING FANFARE: 100 Three Inch Assorted Color Star Shells, Fancy Star Shells Peonies, Chrysanthemums 20 Three Inch Flash &Titanium Salutes 12 Four Inch.Assorted Finale Shells 10 Five Inch Assorted Finale Shells BODY OF PROGRAM: THREE INCH ASSORTED AERIAL DISPLAY SHELLS -460- Consisting of: Color Star Shells multicolor Star Shells Fancy Star Shells Super Fancy Shells Special Compartmental Shells Super Deluxe Compartmental Shells Oriental Chrysanthemum Shells Zambelli Multi-Break Shells FOUR INCH ASSORTED AERIAL DISPLAY SHELLS - 300 - Consisting of: Color Star Shells multicolor Star Shells Fancy Star Shells Super Fancy Shells Special Compartmental Shells Super Deluxe Compartmental Shells Oriental Chrysanthemum Shells Zambelli Multi-Break Shells 7 Zambelli F I R E W ❑ R I< S Community Services San Juan Capistrano, California December 21, 2012 FIVE INCH ASSORTED AERIAL DISPLAY SHELLS - 240 - Consisting of: Color Star Shells multicolor Star Shells Fancy Star Shells Super Fancy Shells Special Compartmental Shells Super Deluxe Compartmental Shells oriental Chrysanthemum Shells Zambelll Multi-Break Shells GRAND FINALE: 600 Three Inch Assorted Color Star Shells, Fancy Star Shells, Chrysanthemums, Flash & Titanium Salutes 100 Three Inch Flash & Titanium Salutes 60 Four Inch Assorted Finale Shells s0 Five Inch Assorted Finale Shells _Zamhelli F I R E W R K El Community Services San Juan Capistrano,California December 21, 2012 SYNOPSIS July 4, 2013 Description $32,000 AERIAL PROGRAM Fanfare Three Inch Finale Shells 100 Three Inch Finale Salutes 20 Four Inch Finale Shells 12 Five Inch Finale Shells 10 Body Three Inch Display Shells 460 Four Inch Display Shells 300 Five Inch Display Shells 240 Finale Three Inch Finale Shells 500 Three Inch Finale Salutes 100 Four Inch Finale Shells 60 Five Inch Finale Shells 50 Total Shells 1852 9 Zambelli F I R E W ❑ R K S Community Services San Juan Capistrano, California December 21, 2012 NARRATIVE PLEASE NOTE that all matters concerning production of this display must be finalized prior J4 March 15, 2013 This deadline is necessary to adequately permit us to choreograph, package and prepare your program for timely shipping. THIS PROPOSAL adjusts the quantity of shells to reflect the economic changes of the past few years. AS requested, 6-ds-program will be 20 minutes in length and maintains the intensity and power you have come to expect. THE MAIN PROGRAM will be fired at a rate of @ 50 (or more) shells per minute. This ensures that the sky will never go 'black' unless called for in the choreography. Shells opening to overlap previous shells will create a layering of effects to keep the action continuous. NEW AND UNIQUE and Sampler of Scenes listings provide an overview of some of the choreographic combinations which will be used in your program. THE DISPLAY WILL be accompanied by a musical soundtrack appropriate for the 4th of July and the show will be fired electrically. Should it be desired to create the soundtrack locally- we will utilize your creation as long as we receive it prior to March 15, 2013 BECAUSE THE PROPOSAL has been constricted without benefit of yet having a musical score - we reserve the freedom to make artistic adjustments as needed to the shell quantities/distribution to best fit the requirements of the music.This will in no way - compromise the value and quality of the program. 10 Comparison Chart PYRO ENGINEERING,INC. DBARWFIRMORKS PYROSPECTAC LAR.INC. MMBEW FIREWORKS SHEL15' OPENINGI MAIN FINALE OPENING MAIN PYRCYTECHNICSI FINALE OPENING WIN FINALE 3" 150 3IS 4M— 50 230 Ol no 100 460 500 4" 20 3 15 250 35 300 0 0 0 0 1B0 12 300 GO 5" 0 160 45 10 240 50 Salutes" 0 0 0 20 0 100 Emerald MuldshoI 0 0 300 0 0 0 Diamond Multishot•" 0 0 0 0 1480 0 0 TOTALS Its 885 825 So S]0 1]811 28.S 142 1000 710 GRANDTOTAIS 20195 2,665 1,851 *Shells:A shell Is an aerial Item that Is fired Into the sky.it generally consists of a fuse,a lift be& and a paper ball filled with stars and burst media. The fuse lights the lift beg on the bottom of the shell propelling it Into the sky.At the same time,an Internal time fuse Is triggered and at the right time the paper shell bursts with all of Its stars 114 The type of stars contained Inside the shell determines the effect the shell produces in the sky. "Salute:Are commonly used In large quantities during finales to create Intense noise and brightness.They are often cylindrical In shape to allow for a larger payload of flash powderM ••• ultishot:This is another name for a cake ourepeater. A cake Is an Item that has a single fuse which is used to light several tubes In sequence. Cakes an have a variety of intricate aerial effects,including spinners,fish,Hower bouquets,comets, crossettes, and other elements.Cakes are the most popular consumer fireworks item outside of sparklers and firecrackers. No.of Shells Comparison of Proposals 1489 She of Shells No 113- 5W K4• as. 4 •Salutes•' • Emerald Multhhot•' 300 - - - - - " '- - "- aDbmond MuMshot'•' 100 10D 0 w u - IS n B Q . . s G s LL 0 0 'o PYRD ENGINEERING,INC. PYNOSPECTACULAR,INC. ZAMBEW FIREWORKS DBA BAY FIREWORKS Attachment PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 5th day of MARCH, 2013, by and between the City of San Juan Capistrano(hereinafter referred to as the "City") and Pyro Engineering, Inc., a New York Corporation doing business as Bay Fireworks (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor to provide an aerial firework display of the 4th of July Celebration; and WHEREAS, Contractor is qualified by virtue of its experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit'A,"attached and incorporated herein by reference.To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Each party warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than July 4, 2013, as set forth in Exhibit "A." Section 3. Compensation. 3.1 Amount, Payment Schedule and Credit. Total compensation for the services hereunder shall not exceed$29,000, as set forth in Exhibit'A" attached and incorporated herein by reference. Any Credit due the City shall be made as follows: • In the event the fireworks display substantially complies with the Scope of Work as set forth in the Exhibit "A" but does not begin by 9:05 p.m., PDT on July 4, 2013, as a result of the sole negligence of 1 Attachment 5 Contractor, Contractor shall credit City $50 for each full minute of delay up to $2,000. • In the event the fireworks display substantially complies with the Scope of Work as set forth in Exhibit"A," but is interrupted as a result of the sole negligence of Contractor, Contractor shall credit City $50 for each full minute of interruption up to $1,000. An interruption resulting from the malfunction of one or more fireworks devices, including interruptions resulting from injury or damage caused thereby shall not be considered to result from the negligence of Contractor for the purposes of this paragraph. • In the event the fireworks display substantially complies with the Scope of Work as set forth in Exhibit "A," but fireworks in excess of the industry standard 3% fail to fire, Contractor shall credit City with the full list value of the product that failed to fire in excess of 3%. • In the event that the fireworks display fails to substantially comply with the Scope of Work as set forth in Exhibit"A," Contractor, shall credit City with up to 25%of the fireworks display price. Such credit shall be inclusive of any credits set forth in bullets 1, 2, and 3 above. • Nothing in this paragraph shall prevent the parties from reaching agreement that all or a portion of the credit may be in the form of enhancements to future displays. Section 4. Independent Contractor. It is agreed that the Contractor shall act and be an independent Contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. 2 Section 6. Cancellation by City. City shall have the right, in its complete and sole discretion, to cancel this Agreement in its entirety upon written notice given on or before June 4, 2013. In the event of cancellation pursuant to this section, Contractor shall retain the first deposit in the amount of$14,500 as full and complete payment under this Agreement. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect,defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including to property or interference with use of property, arising out of, or in any way connected with the negligence, . recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. 3 additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 12.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverage reduced, until after thirty(30)days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12.7 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. Section 13. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 14. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice.These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 Attn: Cynthia Alexander, Interim Community Services Director Contractor: Bay Fireworks 400 Broadhollow Road, Suite 3 Farmingdale, NY 11735 Attn: Dennis Brady Jr., CEO 5 I This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 12. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 12.1 Commercial General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Commercial General Liability coverage in an amount not less than three million dollars per occurrence($3,000,000.00),combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 12.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than five million dollars per occurrence ($5,000,000.00). 12.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by California law. f 12.4 Proof of Insurance Requirements/Endorsement. Priorto beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as I 4 I Section 15. Entire Agreement This Agreement and Exhibit"A"constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor PYRO ENGINEERING, INC. D.B.A. BAY FIREWORKS By: Dennis Brady Jr., CEO ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney Exhibit"A": Bay Fireworks Proposal, Scope of Work 6 CITY OF SAN JUAN CAPISTRANO YEAR 2013 4TH OF JULY FIREWORKS DISPLAY SCOPE OF WORK Electronically Fired Show With Choreographed & Synchronized Music Not To Exceed $30,000 Proposals shall be evaluated based on the contractor's satisfactory and reliable performance history, compliance with Scope of Work, quality of proposed aerial display, the impact of pyrotechnic effects, and the length, pacing, and music proposed for the show. Contractor To: • Submit a proposal for an aerial display that includes the following, using a minimum shell size: 3", and maximum shell size: 5"to provide a 18-20 minute show. Please ensure that the proposal is divided into the three (3) categories and specify what would be included within each category: 1. Opening Finale 2. Main Program 3. Closing Finale • Provide a written description of the company's policy for monetary compensation to the City when, due to the company's actions (or inactions): 1. The aerial display does not begin on time, or there is a delay during the show 2. The show does not comply with the scope of work and/or the bid package that was submitted by contractor and approved by the City. 3. There is a modification to the show, even though the show began on time and there were no delays during the show. 4. Even though the correct amounts of shells are delivered, all the shells are not fired. • Provide California licensed pyrotechnic operator and crew; transportation of crew and all supplies and materials to and from event. Operator and crew will be responsible for all site preparation and site cleaning, including removal of debris associated with the display. City will not accept responsibility for advance storage of fireworks and/or vehicle(s). • Schedule operator and crew adequate time for set up; schedule adequate time for take-down/clean-up of the firing site and fall-out area immediately after the show and the following morning. • Coordinate with the Orange County Fire Authority and comply with all regulations • Schedule representative(s)to meet on site with City staff and Fire Authority prior to EXHIBIT A event to coordinate event details. • Provide music that is choreographed and synchronized to the aerial fireworks DISPLAY WITH AMPLE TIME FOR City Staff to preview the music genre.. Music is to be provided to City via both a MP3 and a back-up CD. • Provide a 18-20 minute show; be responsible for the timely completion of all preparation work so the display will begin at its official starting time of 9:00 pm. • Provide the City with a certificate of insurance* for public liability and property damage, minimum sum of $3,000,000 AND provide the City with a liability endorsement form* naming the City of San Juan Capistrano, its elected and appointed officials, employees and servants as additional named insureds. Also to be included on certificate and endorsement: South Coast Farms, Orange County Fire Authority. • Provide the City with proof of Workers' Compensation Insurance* for all employees as required by State laws governing fireworks displays and proof of a minimum sum of$5,000,000 Automobile Insurance coverage*for all employees who will be driving automobiles associated with this event. • Provide references for all July 4th displays conducted for the past three(3)years in Orange County, CA. This listing will be used to determine a satisfactory and reliable performance history. City To: • Provide sand, hand radio and CD Players, Clear-Com communication system, sound system, suitable firing site, and City liaison. Term: • The term of the agreement with the selected contractor shall be for the year 2013 aerial firework display. • Acceptance of the City of San Juan Capistrano's Personal Service Agreement provided by the City Attorney. • *Must be received by City minimum of 21 working days prior to the event. Page 2 . y \M THE CITY OF . ) ZSAN JUAN crosRANO ( ` Location ^___ \ \ �> , — z \� : 2 40� ,v , �y �- � \\\ / w'Juan Capistrano ms_ _ \ » . . ,Camino del_. ( � "\ » z . • � a 3000 60013 9000 Feet Atta . y Attachment