16-0628_GARDEN STATE FIREWORKS, INC_Professional Services AgreementGarden State Fireworks, Inc.
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of May 17, 2016 by and between the City of
San Juan Capistrano, a municipal corporation organized and operating under the laws of the
State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, CA 92675 ("City"), and Garden State Fireworks, Inc., a SOLE PROPRIETORSHIP
with its principal place of business at 383 Carlton Road, Millington, NJ 07946 (hereinafter
referred to as "Contractor"). City and Contractor are sometimes individually referred to as
"Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
2016, 2017 and 2018 Aerial Fireworks Display (hereinafter referred to as "the Project").
B. Contractor is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Contractor to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Services_
Contractor shall provide the City with the services described in the Scope of
Services attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. City agrees to pay Contractor the services fee hereunder, which shall not
exceed $30,000, per event per year as set forth in Exhibit "A," for the aerial fireworks display.
City shall pay to Contractor $15,000 of the aerial fireworks display fee as a deposit for each
event no later than June 15, 2016, June 15, 2017 and June 15, 2018. The remaining balance of
$15,000 of the aerial fireworks display fee shall be paid by the City no later than July 15, 2016,
July 15, 2017 and July 15, 2018.
3. Additional Work.
If changes in the work seem merited by Contractor or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Contractor
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Contractor and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Contractor shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
Contractor shall provide an aerial fireworks display on Monday, July 4, 2016, Tuesday, July 4,
2017 and Wednesday, July 4, 2018.
6. Delays in Performance.
a. Neither City nor Contractor shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Contractor shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Contractor shall assist the City, as requested, in obtaining and
maintaining all permits required of Contractor by federal, state and local regulatory agencies.
C. If applicable, Contractor is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
Contractor's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subcontractor
Contractor shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Contractor from employing independent associates, and subcontractors as
Contractor may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Contractor is retained as an independent contractor and is not an employee of City. No
employee or agent of Contractor shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Contractor shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Contractor shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Contractor shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
for the following:
(iii) Commercial General Liability Insurance must include coverage
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Contractor shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non -owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
C. Workers' Compensation/Employer's Liability
(i) Contractor certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Contractor has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Contractor shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Contractor shall require all subcontractors to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
d. Professional Liabilitv (Errors and Omissions
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$10,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Contractor shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Contractor shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Contractor shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Contractor's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Contractor shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Contractor shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subcontractors
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Contractor from liability in
excess of such coverage, nor shall it limit the Contractor's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Contractor, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Contractor pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Contractor or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Contractor to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subcontractor Insurance Requirements. Contractor shall not allow any
subcontractors or subcontractors to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subcontractors shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Contractor, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subcontractors.
12. Indemnification.
a. To the fullest extent permitted by law, Contractor shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, Contractors or agents in connection with the performance
of the Contractor's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor. Contractor's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Additional Indemnity Obligations. Contractor shall defend, with counsel of
City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its officials, officers, employees,
agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may
be rendered against the City, its officials, officers, employees, agents or volunteers as part of
any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the
cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as
part of any such claim, suit, action or other proceeding. Such reimbursement shall include
payment for the City's attorney's fees and costs, including expert witness fees. Contractor shall
reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its officials, officers, employees, agents and
volunteers.
13. California Labor Code Reauirements.
a. Contractor is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws, if applicable.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Contractor and all subcontractors to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Contractor and all subcontractors performing such Services must be registered with the
Department of Industrial Relations. Contractor shall maintain registration for the duration of the
Project and require the same of any subcontractors, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Contractor's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employment Eligibility.
By executing this Agreement, Contractor verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subcontractors and sub -
subcontractors to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Contractor. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Contractor the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Contractor of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Contractor may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Contractor.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Organization
Contractor shall assign Steve Jefferies as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
above.
20. Limitation of Aareernent.
This Agreement is limited to and includes only the work included in the Project described
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Kipp Lyons
and shall be effective upon receipt thereof.
22. Third Party Rights
CONTRACTOR:
Garden State Fireworks, Inc
383 Carlton Road
Millington, NJ 07946
Attn: August N. Santore
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Contractor.
23. Equal Opportunity Employment.
Contractor represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Contractor as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
27. Non -Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Contractors
City reserves its right to employ other Contractors, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Contractor maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Contractor, to solicit or secure this
Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Contractor, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND GARDEN STATE FIREWORKS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO GARDEN STATE FIREWORKS, INC
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EXHIBIT A
SCOPE OF WORK
THE CITY OF SAN JUAN CAPISTRANO
2016, 2017 and 2018 FOURTH OF JULY CELEBRATION
AERIAL FIREWORKS DISPLAY
Electronically Fired Show with Choreographed and Synchronized Music Not To
Exceed $30,000
Contractor To:
1. Submit a proposal for an aerial fireworks display that includes the following:
using a 3" minimum shell size, and a 5" maximum shell size, to provide an 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:
a. Opening Finale
b. Main Program
c. Closing Finale
2. Provide a written description of the company's policy for monetary compensation
to the City due to the company's actions (or inactions) when:
a. The aerial fireworks display does not begin on time, or there is a delay
during the show.
b. The show does not comply with the Scope of Work and/or the bid package
that was submitted by the Contractor and approved by the City.
c. There is a modification to the show, even though the show began on time
and there were no delays during the show.
d. Even though the correct amounts of shells are delivered, all the shells are
not fired.
3. Provide a California licensed lead pyrotechnic operator (Operator) and crew; provide
transportation of the crew and all supplies and materials to and from event. The
Operator and the crew will be responsible for all site preparation and site cleaning,
including removal of debris associated with the aerial fireworks display. City will not
accept responsibility for advance storage of fireworks and/or vehicle(s).
4. Contractor's Operator shall have a minimum of three (3) years of experience providing
public aerial fireworks displays, and/or has successfully provided no less than ten (10)
public aerial fireworks displays.
5. Contractor shall furnish to the City of San Juan Capistrano, no later than June 5, 2015, the
name of the Operator responsible for the aerial fireworks display and a copy of his/her
Basic Commercial or Special Effects 1St Class License.
6. Schedule the Operator and crew adequate time for setup, takedown and cleanup of the
firing site and fall -out area immediately after the show and the following morning.
7. Coordinate with the Orange County Fire Authority and comply with all regulations.
8. Schedule representative(s) to meet on site with the City staff and the Orange County Fire
Authority prior to the event to coordinate event details.
9. Provide music that is choreographed and synchronized to the aerial fireworks show. Music
is to be provided to the City by mp3 and a backup CD.
10. Provide an 19-20 minute show; be responsible for the timely completion of all preparation
work so the aerial fireworks display will begin at its official starting time of 9:00 p.m.
11. Provide the City with a certificate of insurance* for public liability and property damage,
minimum sum of $5,000,000 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.
12. Provide the City with proof of Workers' Compensation Insurance* for all employees as
required by State laws governing aerial fireworks displays and proof of Automobile
Insurance coverage* for all employees who will be driving automobiles associated with
this event.
13. Provide references for all July 4th aerial 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 Contractor shall be for the year 2015 aerial fireworks
display.
*Must be received by the City a minimum of 21 working days prior to the event.
Citv of San duan Capistrano CA
July 4 2416/July 4, 2017/Jul 2018
S30,000A Production (Per °Year)
DESCRIPTION OF SHELL
REFERENCE TO
LITERATURE
QTY
3" Aerial Display Shells
**See Exhibit "A"
150
4" Aerial Display Shells
**See Exhibit "A"
36
5" Aerial Display Shells
**See Exhibit "A"
20
1.2"64 Shot Silver Crossette
**See Exhibit "A"
64 Shots
1.2"100 Z Fan Waving Red Crossette
**See Exhibit "A"
100 Shots
1" Red Silver Blue Comets (180)
**See Exhibit "A"
180 Shots
Total of Intro/Opening Finale — Aerial Shells/Effects: 550
DESCRIPTION OF SHELL
REFERENCE TO
LITERATURE
QTY
3" Aerial Display Shells
**See Exhibit "A"
350
4" Aerial Display Shells
**See Exhibit "A"
208
5" Aerial Display Shells
**See Exhibit "A"
176
Total of Main Body — Aerial Shells : 734
Main Body: Multi Shot Pyrotechnic Devices
Multi -Shot Devices 1"-2"
REFERENCE TO
LITERATURE
QTY
36 Shot Multi Colors (8)
**See Exhibit "A"
288 Shots
100 Shot Red Peony with White Tail
**See Exhibit "A"
100 Shots
72 shot RWB Peony
**See Exhibit "A"
72 Shots
408 Z Fan Waving RWB Comets
**See Exhibit "A"
408 Shots
408 Z Fan Waving Rainbow Comets
**See Exhibit "A"
408 Shots
88 Shots Red With Silver Glitter
**See Exhibit "A"
88 Shots
88 Shots Blue Peony with White Tail
**See Exhibit "A"
88 Shots
100 Shots Brocade and Blue
**See Exhibit "A"
100 Shots
90 Shots Silver Spinners
**See Exhibit "A"
90 Shots
64 Shot Color Comet to Crossettes
**See Exhibit "A"
128 Shots
100 Shot Crackling Bouquet
**See Exhibit "A"
100 Shots
300 Shot Dragon And Phoenix
**See Exhibit "A"
300 Shots
165 Shot 8 Shape Chrysanthemum
**See Exhibit "A"
165 Shots
90 Shot Ancient War (2)
**See Exhibit "A"
180 shots
90 Shot Purple and Green Comets (2)
**See Exhibit "A"
180 shots
TOTAL Pyrotechnic Special Effect Devices : 2,695 Shots
,11J.30111011000
DESCRIPTION OF
SHELL/EFFECT
REFERENCE TO
LITERATURE
QTY
100 Shot Red and Blue Peony (2)
**See Exhibit "A"
200 Shots
100 Shot Whistle (2)
**See Exhibit "A"
200 Shots
665 Shot Multi Color to Salute Fan
**See Exhibit "A"
1330 Shots
372 Shot Golden Rain & Red W Fan
**See Exhibit "A"
372 Shots
Aerial Display Shells
3" Finale Shells
**See Exhibit "A"
380
4" Finale Shells
**See Exhibit "A"
36
5" Finale Shells
**See Exhibit "A"
24
Total of Grand Finale — Aerial Shells/Effects: 2,542
Production Total Shells and Pyrotechnic Effects: 6,521 Pieces
"Exhibit A"
Display Shell and Effect Descriptions
The following list is a reference of the shells and variety of effects that will be used in the display
and corresponds to the pieces itemized in the cost proposal. Garden State Fireworks is proud to
be the largest manufacturer of display fireworks in the country. We continue to innovate, design
and manufacture our own products at our facility in New Jersey to incorporate in our displays.
We also use our 100 plus years of experience to research, design and purchase the highest quality
and largest selection of import products from China and Japan. We also use our manufacturing
knowledge to perform rigorous quality and safety testing on all imported products.
Multi -shot Cake Effects:
Effects Listed in the Cost proposal ranging from 88 shots to 665 shots are self-contained
repeater units custom designed by Garden State Fireworks and manufactured to the highest
quality standards. Effects repeat in a variety of multiple angled simultaneously fan shapes, or
elaborate zig-zagging wave configurations. Shots range from 1.5 inches to 2 inches and create
ground to sky coverage to be coordinated with aerial display shells.
"Special Note:
More then ninety percent of the display shells fired in the display and listed below include a
rising silver or color tailed tracer that follows the shell from launch to break. We purchase
display shells at an additional premium to include a fancy rising tail to create absolute continuity
of sky coverage. As each display shell has a 2-4 second lift time the absence of a tracer effect
creates a dark sky. The premiums of our designs eliminate the lag time to create constant sky
coverage and momentum.
A sample of our massive library is available for review in Schedule A enclosed. The July 4`h
Display will draw from our diverse library of effects and include the broad spectrum and
maximum variety of shells.
The following List of Materials is a condensed version of our extensive library of effects that
will be displayed in your program. Color combinations within individual effects as well as
transformation color changing effects expand the list below to hundreds of varieties.
3" Assorted Color and Report Shells:.
Red Peony
White Peony
Blue Peony
Red White And Blue Peony
Green Peony
Yellow Peony
Titanium Reports
Multi -Salutes
Silver Peony
Red and Blue Wave
Color Changing Peonies
Flash Reports
Spider Webs
Aqua Peony
Variegated Chrysanthemums
Ring Patterns
Purple Peony
Golden Willow
Crackling Chrysanthemum
Rainbow Peony
Tiger Tails
Multi Color Combinations
4" Assorted Calor and Fancy Aerial Shells:
Red Peony
White Peony
Blue Peony
Red White And Blue Peony
Green Peony
Yellow Peony
Lemon Peony
Orange Peony
Aqua Peony
Rainbow Peony
Multi Color Combinations
Titanium Reports
Multi -Salutes
White Strobe
Red Strobe
Color Changing Peonies
Flash Reports
Spider Webs
Whistling Shells
Variegated Chrysanthemums
Wave Ring Patterns
Golden Strobe
Purple Peony
Golden Willow
S" Assorted Color and Fancv Aerial Shells:
Brocade Chrysanthemum
Crackling Chrysanthemum
Crackling Rain Willow
Tiger Tails
Red Wave
Green Wave
Colors w/Palm Core Centers
Peonies w/Fancy Center Pistils
Whistling Shells
Red Crossettes
Green Crossettes
Silver Palm Trees
Tourbillions & Serpents
Silver Crown c/c Green
Gold Kamuro c/c Blue
Red and Green Bees
Variegated Fish
Thousands of Crackling Flowers
Colors to Crackling
Dragon Eggs
Glittering Willows
Color & Timed Reports
Hummer Shells
Gold Flitter
***ALL COLORS AND EFFECTS LISTED ABOVE IN 4" DISPLAY SECTION
Smile Face Patterns Green Coconut Tree
Heart Shape Patterns Aqua Crossette
Lemon Crossette w/Strobe Pistil Whirl Flower w/Strobe Pistil
Variegated Strobes
Thousands of Flowers
Red Falling Leaves
Blue to White Flashing Willow
Half Red and Half Blue Peony
Half Purple/Half Yellow Peony
Sky Waterfall
Silver Crossette
Crackling Crossette
Sea Blue Peony
Purple Bees
Varigated Falling Leaves
Thousands of Red White & Blue
Pink Peony
Four Color Changing Peonies
Red Coconut Tree
Aqua to Lemon w/Lemon to Aqua Pistil
Three Color Changing Peonies
Glittering Gold to Purple
Red and Blue Wave
Green and Blue Wave
White w/Red Pistil
Purple w/Green Pistil
Lemon to Purple w/Purple to Lemon
Pistil
Red Dahlia w/White Strobe
Aqua Dahlia w/Red Strobe Pistil
Red to Silver Wave wBlue Pistil
Nishiki Kamuro Niagra Falls
Red Strobing Nishiki Kamuro
Reddish Gamboge to Green
Blue Circle with Twice Crackling Pistil
Multi Color Cycas
Exhibit B
Payment
City agrees to pay Contractor the services which shall not exceed $30,000 per event, per year,
for the aerial fireworks display. City shall pay to Contractor $15,000 of the aerial fireworks
display fee as a deposit for each event. The City shall pay to the Contractor a deposit fee of
$15,000.00 no later than June 15, 2016, June 15, 2017 and June 15, 2018. The remaining
balance of $15,000, of the aerial fireworks display fee shall be paid by the City no later than July
15, 2016, July 15, 2017 and July 15, 2018.
19
61147.02100\ 10974777.1