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HomeMy WebLinkAbout2018-04-24 - AGENDA REPORTS - FOURTH OF JULY FIREWORKS (2)11 Agenda Item: 11 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: April 24, 2018 SUBJECT: FOURTH OF JULY 2018 FIREWORKS SHOW CONTRACT DEPARTMENT: Recreation, Community Services, Arts, and Open Space PRESENTER: Frank Oviedo RECOMMENDED ACTION City Council: 1. Award a contract to Exposhows Inc. for the July 4, 2018, fireworks show, for an initial term of one year, with the option for two additional renewals in an amount not to exceed $25,000 annually. 2. Authorize the City Manager or designee, to execute all documents, subject to City Attorney approval, and execute two renewals at an annual cost not to exceed $25,000 plus the cost of any Consumer Price Index (CPI) increases. BACKGROUND The City of Santa Clarita (City) entertains thousands of residents and visitors each year at the annual Fourth of July fireworks show held at the Westfield Valencia Town Center. The show is a 22 minute electronically-fired pyrotechnic display with the announcement barrage, aerial presentation, and aerial grand finale choreographed to music. division, solicited a request for proposal for the annual Fourth of July fireworks show. The request for proposal was publicly advertised on PlanetBids on December 8, 2017, and downloaded by nine vendors. Purchasing received proposals from two vendors on January 9, 2018, with the following result: Vendor Location Score Exposhows Inc. Santa Clarita, CA 48/50 Pyrospectaculars Rialto, CA 45/50 Page 1 Packet Pg. 88 11 The evaluation of proposals was determined on references, examples of previous shows, and amount and variety of shells. Based on this evaluation, staff recommends that the City Council award the event, with two optional annual renewals for 2019 and 2020. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT The funds for this expenditure will be in the Fourth of July operating account as part of the Fiscal Year 2018-19 annual budget and are contingent upon appropriation of the funds by the City Council. Funds for future years are contingent upon appropriation of funds by the City Council during the annual budget process. ATTACHMENTS Fourth of July Proposal (available in the City Clerk's Reading File) Page 2 Packet Pg. 89 Notice Inviting Proposals 2018 Fourth Of July Fireworks Show Proposal # AE-17-18-35 The City of Santa Clarita is seeking a responsible vendor to provide a Fourth of July fireworks show for 2018. The successful vendor's program will include an electronically fired pyrotechnic display with the following components choreographed to music: announcement barrage, aerial presentation, and aerial grand finale. The display will be 20 minutes in duration. REQUEST FOR PROPOSALS Proposal responses must be received electronically before 11:00 AM on January 9, 2018, by the Purchasing Agent of the City of Santa Clarita. Electronic RFP’s may be viewed at: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show Specifications for this proposal may be downloaded from the City’s Purchasing website at http://www.santa-clarita.com/city-hall/departments/administrative-services/purchasing. Please refer to specifications for complete details and proposal requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. Purchasing (661) 255-4399 PROPOSAL # AE-17-18-35 1 CITY OF SANTA CLARITA REQUEST FOR PROPOSAL INVITATION PROPOSAL # AE-17-18-35 ELECTRONIC PROPOSALS ARE DUE BEFORE: 11:00 AM, Tuesday, January 9, 2018 The City of Santa Clarita invites electronic proposals for: 2018 Fourth Of July Fireworks Show 1. Proposal responses must be uploaded to Planet Bids at: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# 2. Prices shall be D.D.P. Destination or for the service rendered. 3. Proposer shall honor proposal prices for One Hundred Twenty (120) days or for the stated contract period, whichever is longer. 4. Proposals must include this Proposal form and be signed by the contractor's authorized representative. This signature acknowledges the proposer has read and understands the requirements contained on pages 1 to 21 and Exhibit A-B. 5. The last day for questions will be 10:00 AM, Tuesday, January 2, 2018. Questions should be submitted electronically to: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# 6. The contractor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City. PROPOSER TO READ I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above. Company: Address: Name (Print): Signature: Company Phone No.: Title of Person Signing Proposal: PROPOSAL # AE-17-18-35 2 TABLE OF CONTENTS PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show Section………………………………………………………………………….…………………………………………………Page Notice Inviting RFP .................................................................................................................................. 1 Invitation For RFP .................................................................................................................................... 2 Table of Contents .................................................................................................................................... 3 Instructions to Proposers ........................................................................................................................ 4 Scope of Work ......................................................................................................................................... 8 Contract Agreement (Sample Only) ........................................................................................................ 12 Pricing Schedule ...................................................................................................................................... 18 Designation of Subcontractors ............................................................................................................... 19 References .............................................................................................................................................. 20 Document Checklist ................................................................................................................................ 21 PROPOSAL # AE-17-18-35 3 A.PROPOSAL INSTRUCTIONS 1. Submitting Proposals. (a) The response must be ELECTRONICALLY submitted on this form and include the notice, Request for Proposal Schedule, and all forms or information included in or required by Section B, Specifications, (attachments accepted) (b) All documentation of unit pricing or other cost breakdowns as outlined in this RFP must be submitted to support the total price. (c) Proposals/corrections received after the closing time will not be opened. The City will not be responsible for proposals not properly marked and delivered. Upon award, all submissions become a matter of public record. 2. Alternatives. Any changes or alternatives must be set forth in a letter attached to this proposal. The City has the option of accepting or rejecting any alternative proposal. 3. Currency. All references to dollar amounts in this solicitation and in contractor's response refer to United States currency. Payment will be made in United States currency. . All proposals must be typed or written in black ink except signatures. Errors may be crossed 4. Preparation out and corrected in ink, then initialed in ink by the person signing the proposal. In compliance with Resolution 93-9, all proposals and attachments must be submitted double-sided on recycled paper. 5. Environmentally Preferable Purchasing. The City of Santa Clarita being fully aware of the limited nature of our resources and the leadership role government agencies have, supports the Environmentally Preferable Purchasing (EPP) program. With changes in technology and industries occurring rapidly it is frequently difficult to be aware of the latest innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products which result in less energy usage, least impact on natural resources and greatest reuse of post-industrial and post-consumer material. Bidders are strongly encouraged to offer products and services meeting these criteria and point out those specific aspects or features in their bid. In accordance with Public Contract Code 22152 bidders are required to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold. . Your name may be removed from the mailing list if the City receives no 6. Failure to Submit Proposal response to this proposal. 7. Taxes, Charges and Extras. (a) Proposer must show as a separate item California State Sales and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation, containers, packing, etc. will not be paid unless specified in proposal. . The City may make an award based on partial items unless the proposal submitted is marked "All 8. Awards or none." Contractor selection is based upon multiple award criteria as specified in Section C, Statement of Work and Format. A list of responding vendors may be posted on the City’s website at www.santa- clarita.com/purchasing, normally within 24 hours. . Other public agencies may be extended the opportunity to purchase off this bid 9. Cooperative Bidding with the agreement of the successful contractor(s) and the City of Santa Clarita. The lack of exception to this clause in contractor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements. 10. Default. In case of default by the contractor of any of the conditions of this proposal or contract resulting from this proposal, the contractor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the contractor, or PROPOSAL # AE-17-18-35 4 PROPOSAL INSTRUCTIONS (continued) collect against the bond or surety, or may invoice the contractor for excess costs so paid, and prices paid by the City shall be considered the prevailing market price at the time such purchase is made. 11. Assignment. No assignment by the contractor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment. 12. Sub contractors. The Proposer must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. 13. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 14. Termination. The City may terminate any service or requirement contract, with or without cause, either verbally or in writing any time. 15. Indemnification. The bidder is required to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of any agreement entered into between the parties. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, the bidder must defend the City (at the City’s request and with counsel satisfactory to the City) and indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. 16. Bonds. No bonds are necessary for this Request For Proposal. 17. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall be provided by using an ACORD certificate of insurance and shall be provided prior to contract signing. Insurance shall be “Primary and Non-Contributory” and must name the “City of Santa Clarita” as an additional insured. The certificate shall list coverage for General Liability (limit of $1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000,000), and Worker’s Compensation (statutory requirement). For professional services, Professional Liability with a limit of $1,000,000 may also be required. Insurance shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Specific insurance requirements will be set forth in any contract awarded to a proposer. 18. Payment. (a) Proposer shall state payment terms offered. (b) Payment will be made on the pay period after receipt and acceptance of goods and/or services and upon using department confirmation of such acceptance. 19. On-Site Inspection. When deemed necessary by the City, an on-site inspection date and time will be so designated. Proposer is responsible for inspecting and understanding the total scope of the projects (i.e., specifications, quality, and quantity of work to be performed.) PROPOSAL # AE-17-18-35 5 PROPOSAL INSTRUCTIONS (continued) 20. Specifications. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 21. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the proposal does not restrict proposers to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which proposals are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supercede any other specifications or requirements cited. Documentation of equivalency must be submitted with the bid. At a minimum the documentation must demonstrate equivalency in form, fit, function, quality, performance and all other stated requirements. The City is final determiner of equivalency. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specifications. 22. Proposal Rejection. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. The City may reject the proposal of any proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any proposer who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. The City reserves the right to reject any or all proposals and to waive any informality in any proposal. 23. Addenda. The City will not accept responsibility for incomplete packages or missing addenda. Addenda must also be acknowledged on PlanetBids. It is the quoter’s responsibility to contact the project manager, for public projects, or Purchasing prior to submission of the quote to make certain the package is complete and all required addenda are included. This information will also be available from the City’s website if the quote was downloaded. 24. Price Reductions. If at any time during the life of this contract, the successful proposer reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices must be reduced accordingly, and the contractor/vendor will immediately notify the Purchasing Agent, City of Santa Clarita. 25. Contract Pricing. Except as otherwise provided, price proposals must remain consistent through the term of this contract. The City does not pay “surcharges” of any type unless identified in the response to this proposal. All costs will be included in the pricing provided to the City. 26. Non-Appropriation of Funds. The City’s obligation is payable only and solely from funds appropriated for the purpose of this agreement. All funds for payment after June 30 of the current fiscal year are subject to City’s legislative appropriation for this purpose. In the event the governing body appropriating funds does not allocate sufficient funds for the next succeeding fiscal year’s payments. Then the affected deliveries/services may be (1) terminated without penalty in their entirety, or (2) reduced in accordance with available funding as deemed necessary by the City. The City shall notify the Contractor in writing of any such non-allocation of funds at the earliest possible date. PROPOSAL # AE-17-18-35 6 PROPOSAL INSTRUCTIONS (continued) 27. Safety. Contractor agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued thereunder, and certifies that all items furnished under this proposal will conform and comply with the indemnity and hold harmless clause for all damages assessed against buyer as a result of suppliers failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this order to so comply. 28. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts,or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing an agreement or securing favorable treatment with respect to the award or amending, or the making of any determinations with respect to the performance of such agreement; provided, that the existence of the facts upon which the City makes findings shall be in issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue the same remedies against the Contractor as the City could pursue in the event of default by the Contractor. 29. Delivery. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order. 30. Invoices. Invoices will be forwarded to: City of Santa Clarita Rec&CSAOS - Arts and Events 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. 31. Proposal Questions. Questions should be submitted electronically to: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# The last day for questions will be 10:00 AM, Tuesday, January 2, 2018. 32. Renewal. Contracts entered into pursuant to this Invitation to Bid may be renewed annually, up to three times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area-Riverside-Orange county area and prevailing wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor. The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in Planet Bids. PROPOSAL # AE-17-18-35 7 B. Scope of Work PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show The City of Santa Clarita is seeking a responsible vendor to provide a Fourth of July fireworks show for 2018. The successful vendor's program will include an electronically fired pyrotechnic display with the following components choreographed to music: announcement barrage, aerial presentation, and aerial grand finale. The display will be 20 minutes in duration. Please refer to Exhibit "A” for date and time requirements mentioned in this section. The award for this proposal will be based on the criteria as noted in this section “Specifications,” Item 4. EVENT DATE Solicitation advertisement December 8, 2017 Last day for questions January 2, 2018 Return of proposals January 9, 2018 Evaluations of proposals January 9 - 19, 2018 1. Background - a. Site information: i.The firing site is the South-East corner of the top floor of a multi-level parking structure at the Valencia Town Center: Market Garage, 26735 Circle Drive, Santa Clarita, CA 91355 ii. The fire site is deemed adequate for shells of 4 inches or less in bore. All firework mortars/boxes are to be set-up in an approximate 50' x 50' area in order to contain the fall zone (see Exhibit "B"). Mortars are to be packed in sand or sand bags if requested by the fire Marshall. b. Firework storage: i.Vendor to bring fireworks day of show on July 4. ii. Vendor may set up all mortars and other equipment on July 3rd. 2. Requirements and Restrictions - a. Proof of License: i. All proposers are required to provide proof of a valid licensed display operator (pyrotechnic) and crew, with response, subject to approval by City staff and the local Fire Marshall. b. Proof of Insurance: i. Worker’s Compensation- a) The display operator and all crew members will be covered under the vendor’s Worker’s Compensation Insurance Policy. PROPOSAL # AE-17-18-35 8 b) A copy of the vendor’s current Workman's Compensation policy must be included with the proposal response. ii. Liability- a) Awarded vendor must be able to produce required liability proof within two weeks of receiving final contract for signature. iii. Automobile- a) Awarded vendor must be able to produce required liability proof within two weeks of receiving final contract for signature. c. Proof of ability: i. All proposers are required to provide a video of similar work with the response. th However, video does not necessarily have to be a July 4show. The video must be received AT CITY HALL, 23920 Valencia Blvd., Santa Clarita, CA 91355, ATTENTION SUITE 120 and marked with the words “AE-17-18-35 Video File” and, NO LATER THAN the electronic proposal due date and time, for the vendor to be considered responsive. d. Soundtrack: i. Vendor will provide (2) copies of the Fireworks soundtrack to City 3 weeks prior to July 4. e. Permit: i. The successful vendor will be responsible for obtaining a valid Fire Marshall display permit complying with all other applicable regulations regarding a public fireworks display. ii. Permit costs, if charged by vendor, may be called out as a separate line item for cost purposes but must be included in the overall price. iii. The successful vendor will be responsible for obtaining all information regarding the permits. iv. Permit to be obtained and a copy provided to the designated City representative no later than the close of business Friday, June 15 2018 (3 weeks prior to July 4th show). v. Permission from property owners will be obtained by the City. f. Arrival: i. Transport trucks to arrive promptly on July 3rd at 3AM at the Market Garage to unload and set up mortar racks and other equipment. ii. All Fireworks material to arrive by 3AM July 4th for unloading, setup, and review by Fire Marshall and final set-up. All work to be completed no later than 2pm on the afternoon of July 4. PROPOSAL # AE-17-18-35 9 g. Equipment: i. Once the Vendor has unloaded the equipment, the City will provide a forklift and pallet jack to move equipment to the roof of the Market Garage (launch site). ii. City to provide a security guard to monitor the firework launch site after vendor has completed work on July 3, 2018 and security guard will remain on duty till 5:00 p.m. on July 4, when operator and crew return for final firework set-up. h. Display Operator and Crew: i. Friends and family are not allowed in the fireworks set-up area or on the launch site. ii. July 4, at 7:00 PM, operator and crew will remove all vehicles from the top floor of the Market Garage (launch site) and move to a secure position on the next floor which will be closed to the public. iii. July 4, at 9:00 PM, operator and crew are required to suite up in protective clothing to include: Certified hard hats, eye protection, shoes, gloves, flame retardant clothing, and ear protection. Failure to comply will result in an immediate eviction of the crew member without protective clothing and they will not be allowed to return to the return to the launch site a) If removal delays start of show contract will not be renewed. b) Operator and crew will also follow all instructions provided by the fire marshal and City. iv. Operator and crew will provide fire extinguisher(s) for the launch site. i. Launch Time: i. On July 4, at 9:00 p.m. the fire inspector will make the final determination of weather conditions in order to issue the “permission to launch.” ii. At 9:15 p.m., the firework display will begin and end 20 minutes later at 9:35 p.m., the firework display will conclude. j. Conclusion: i. Operator and crew will assemble into three teams accompanied by the fire inspector to review fall zone area for unexploded shells. a) If unexploded shells are found, operator and crew are to dispose of in accordance with fire marshal guidelines. b) The review of fall zone must be done in a timely fashion in order not to delay the opening of street and other fall zone closures. PROPOSAL # AE-17-18-35 10 k. Clean-up: i. The operator and crew will remove all firework equipment that they delivered to the firing site launch site. ii. The operator and crew will be required to clean up the 50’ x 50’ fireworks launch site, which will include: a) Removal of all screw, nails, wires that are left on ground b) Removal of all burnt debris that are left on the ground c) Removal of all fragments of firework display d) Removal of all fireworks packaging material e) Removal of any other debris left by operator and crew iii. City will supply four (4), three (3) yard trash containers for the disposal of this debris and boxes. iv. After the operator and crew have cleaned the area they will request the City to inspect and approve the site as “clean.” 3. Fireworks - a. Aerial Shells: i. The total number of aerial shells will be indicated by vendor in this proposal: a) Quantity-individual 4” shells b) Quantity-individual 3” shells c) Quantity-multiple shot barrage effects 4. Evaluation Criteria- a. The proposal will be evaluated on the following criteria: i. Total number of shells to be fired ii. Shell mix and the number of different types iii.Total Cost for a 20 minute Fireworks Show iv. Ability to meet the proposal requirements and Work Plan Exhibit “A” requirements vi. Qualifications of firework vendor and display operator PROPOSAL # AE-17-18-35 11 SAMPLE CONTRACT C. MAINTENANCE AGREEMENT (SAMPLE) BETWEEN THE CITY OF SANTA CLARITA AND FOR THIS MAINTENANCE AGREEMENT (“Agreement”) is made by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation (“CITY”) and , (“CONTRACTOR”). The Parties agree as follows: 1.CONSIDERATION. A.As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and B.As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and C.As additional consideration, CITY agrees to pay CONTRACTOR on a basis an amount set forth in the attached Exhibit “,” which is incorporated by reference, for CONTRACTOR’s services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR’s invoice. 2.TERM. The term of this Agreement will be from , 20, to , 20. The Agreement may be renewed upon mutual consent of the parties. 3.SCOPE OF SERVICES. A.CONTRACTOR will perform services listed in the attached Exhibit “.” B.CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4.PREVAILING WAGES. A.If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of . A copy of the California Prevailing Wage Determination at www.dir.ca.gov/DLSR/PWD prevailing rate of per diem wages must be posted at the job site. B.If this contract is subject to state prevailing wage requirements of the California Labor PROPOSAL # AE-17-18-35 12 Code including Sections 1770 and 1773, and the City’s California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. The Contractors and its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to the requirements contained in the City of Santa Clarita’s Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent state statues and regulations, including, but not limited to those referred to in this contract and in the City’s Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. C.Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5.FAMILIARITY WITH WORK. A.By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: i.Thoroughly investigated and considered the scope of services to be performed; and ii.Carefully considered how the services should be performed; and iii.Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B.If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR’s own risk until written instructions are received from CITY. 6.INSURANCE. A.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: PROPOSAL # AE-17-18-35 13 Type of InsuranceLimits (combined single) Commercial general liability:$1,000,000 Business automobile liability$1,000,000 Workers compensationStatutory requirement B.Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C.Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D.CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect thatthe insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. E.Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR’s expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this agreement, F.City may cancel the Agreement immediately with no penalty. G.Should Contractor’s insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. 7.TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A.CONTRACTOR furnishes proof of insurance as required under Section 6of this Agreement; and B.CITY gives CONTRACTOR a written Notice to Proceed. C.Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR’s own risk. 8.TERMINATION. PROPOSAL # AE-17-18-35 14 A.CITY may terminate this Agreement at any time with or without cause. B.CONTRACTOR may terminate this Agreement upon providing writtennotice to CITY at least thirty (30) days before the effective termination date. C.Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D.By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section. 9.INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 10.INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11.NOTICES. A.All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY:City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR:Name Address City B.When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C.Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12.TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. PROPOSAL # AE-17-18-35 15 13.WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14.CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15.SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 17.WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 18.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19.AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY’s City Manager may execute any such amendment on behalf of CITY. 20.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21.EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed,the provisions of this Agreement will govern and control. 22.FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 23.ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting _____ maintenance. To the extent that there are additional terms and conditions contained in Exhibit “” that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. 24.CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations. (SIGNATURES ON NEXT PAGE) PROPOSAL # AE-17-18-35 16 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: By:Sample Only –Do Not Sign Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: PROPOSAL # AE-17-18-35 17 C. PRICING SCHEDULE PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show Pricing must be entered into line items section of PlanetBids. Fill out both this form and enter amount in PlanetBids. If the number entered on this page or the total entered on page one of the proposal response conflicts with what is entered on Planetbids, the number entered on Planetbids shall govern. Cost breakdown for a 20 Minute Show: 1.Total number of shells to be fired (#) ______ X $ ______total $______ Shell mix & the number of different types: 2. Mix ________________________ X $ ______total $______ 3. Types_______________________ X $ ______total $______ 4. Pyrotechnic staff & labor (#/hours) _____ X $ ______total $______ 5. Musical Sound Track (2 copies each) each $ ______ X 2 = total $______ 6. Transportation – (1) lot @ $_______ 7. Permit $______ Miscellaneous costs not listed above (explain each): 8. _____________________ @ $_________ 9. _____________________ @ $_________ 10. _____________________ @ $_________ 11. _____________________ @ $_________ Sub Total $_________ (Add total costs for items 1, through 7) 12. Tax $_________ (include at .095% for applicable line items) Total $_________ (add lines 8 and 9) PROPOSAL # AE-17-18-35 18 DESIGNATION OF SUBCONTRACTORS PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show City of Santa Clarita, California Fill out this form completely and upload it with your proposal. Subcontractor DBE STATUS:Dollar Value of Work Age of firm:Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No.Exp. Date: / / Phone ( ) Subcontractor DBE STATUS:Dollar Value of Work Age of firm:Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No.Exp. Date: / / Phone ( ) Subcontractor DBE STATUS:Dollar Value of Work Age of firm:Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No.Exp. Date: / / Phone ( ) NOTE: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. PROPOSAL # AE-17-18-35 19 REFERENCES PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which Proposer has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Complete this form out accordingly. Fill out this form completely and upload it with your proposal. 1. __________________________________________________________________________________ Name and Address of Owner / Agency __________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________ Contract Amount Type of Work Date Completed 2. __________________________________________________________________________________ Name and Address of Owner / Agency __________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________ Contract Amount Type of Work Date Completed 3. __________________________________________________________________________________ Name and Address of Owner / Agency __________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________ Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: _____________________________________________________________________________________ _____________________________________________________________________________________ PROPOSAL # AE-17-18-35 20 DOCUMENTS CHECKLIST PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show In addition to the items requested for the proposal, the following documents are required to be completed and submitted by the proposer. Request for Proposal Invitation page filled out Any addendum published through Planetbids – signed form and acknowledgement through PlanetBids Designation of Subcontractors form – if none, write “n/a”; Do NOT leave blank Reference Page Price Schedule – Use the City supplied pricing page only. Return page and enter all line items into PlanetBids. Fireworks display proposal PROPOSAL # AE-17-18-35 21 Exhibit A PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show City of Santa Clarita-Arts & Events WORK PLAN FOR FIREWORK VENDOR (2 pages) ______________________________________________________________________________________ DATE: RESPONSIBLE: JOB DESCRIPTION: 3 weeks prior, Vendor Mail 2 copies of final Firework soundtrack to City 3 weeks prior, City Receives and reviews Firework soundtrack 3 weeks prior, Vendor Issues to City valid Fire Marshal display permit for City July 2, City Firework Launch Site Market Garage: 26735 Circle Drive Santa Clarita, CA 91355 Delivery of (1) VIP restrooms, (4) 3 yard bins, (1) fork lift and (1) pallet jack for use by Vendor and City July 3, 3:00 a.m. City/Vendor Market Garage Vendor to pick-up trucks with firework material and transport to Market Garage for inspection by Fire Marshal, unloading and transportation to top floor of multi-story parking structure. Vendor begins firework set-up. Height requirements of the multi-level parking structure make large transport truck entry impossible. Trucks are to be unloaded at ground level and transported to the top floor in small pallet loads. July 3, 10: a.m. Vendor Vendor concludes firework set-up for July 3 and City provides security. Vendor operator and crew obey City parking instructions. Firework Operator and crew may park in designated areas of the top floor of the Market Garage. July 4 3:00 a.m. Vendor Market Garage: Final set up of firework display by Vendor. 6:30 p.m. City/Vendor Final test of sound system and firework cues. 7:00 p.m. Vendor All operator and crew vehicles removed from top floor Bid # PR-11-12-10 1 of Market Garage. Only designated operator & crew to remain in firework launch area. 8:30 p.m. Fire Inspector Final inspection of firework display by Fire Marshal. 8:45 p.m. City/Vendor Fall Zone implemented by City and firework wired to board. 9:00 p.m. City/Vendor All City and Vendor staff required to wear Fire Protection clothing, hard hat, eye protection, & shoes prior to launch. Any person not completely in mentioned gear will be asked to leave immediately. Vendor staff who fail to leave immediately will be escorted off site by Sheriff and Vendor contract will not be renewed. 9:05 p.m. Fire Marshal Final approval to launch firework display based on weather conditions. 9:14 p.m. City/Vendor One minute countdown to firework display 9:15 p.m. Vendor Firework display begins 9:35 p.m. Vendor Firework display ends 9:35 p.m. Vendor Checks mortars for unexploded shells 9:50 p.m. Vendor/Fire Marshal Fire by hand unexploded shells-If no unexploded shells are found Operator and crew divide into three teams and walk the Fall Zone for unexploded shells with Fire Marshal. 10:00 p.m. Fire Marshal Declares fall zone safe, fall zone opens 10:05 p.m. Vendor Operator and crew begins break down of firework launch site 11:00 p.m. Vendor Operator and crew rake, sweep, and shovel up all remaining debris from the fireworks launch site and dispose of in City provided trash containers. 11:55 p.m. Vendor Transport all vendor equipment to transport trucks and depart site. 11:59 p.m. City Street sweeper does final clean-up of top floor of Market Garage. Bid # PR-11-12-10 2 EXHIBIT B Bid # PR-11-12-10 3 CITY OF SANTA CLARITA REQUEST FOR PROPOSAL INVITATION PROPOSAL # AE-17-18-35 ELECTRONIC PROPOSALS ARE DUE BEFORE: 11:00 AM, Tuesday, January 9, 2018 The City of Santa Clarita invites electronic proposals for: 2018 Fourth Of July Fireworks Show 1.Proposal responses must be uploaded to Planet Bids at: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# 2.Prices shall be D.D.P. Destination or for the service rendered. 3.Proposer shall honor proposal prices for One Hundred Twenty (120) days or for the stated contract period, whichever is longer. 4.Proposals must include this Proposal form and be signed by the contractor's authorized representative. This signature acknowledges the proposer has read and understands the requirements contained on pages 1 to 21 and Exhibit A-B. 5.The last day for questions will be 10:00 AM, Tuesday, January 2, 2018. Questions should be submitted electronically to: http://www.planetbids.com/portal/portal.cfm?CompanyID=16840# 6.The contractor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City. PROPOSER TO READ I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above. Company: Address: Name (Print): Signature: Company Phone No.: Title of Person Signing Proposal: PROPOSAL # AE-17-18-35 2 C. PRICING SCHEDULE PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show Pricing must be entered into line items section of PlanetBids. Fill out both this form and enter amount in PlanetBids. If the number entered on this page or the total entered on page one of the proposal response conflicts with what is entered on Planetbids, the number entered on Planetbids shall govern. Cost breakdown for a 20 Minute Show: 1. Total number of shells to be fired (#) ___ X $ __total $ Shell mix & the number of different types: 2. Mix ________________________ X $ ____tal $______ 3.Types_____________________ 4.Pyrotechnic staff & labor (#/hours) _____ X $ ______total $______ 5.Musical Sound Track (2 copies each) each $ ______ X 2 = total $______ 6.Transportation – (1) lot @ $_______ 7.Permit $______ Miscellaneous costs not listed above (explain each): 8._____________________@ $_________ 9._____________________ @ $_________ 10._____________________ @ $_________ 11._____________________ @ $_________ Sub Total $_________ (Add total costs for items 1, through 7) 12.Tax $_________ (include at .095% for applicable line items) Total $_________ (add lines 8 and 9) PROPOSAL # AE-17-18-35 18 DESIGNATION OF SUBCONTRACTORS PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show City of Santa Clarita, California Fill out this form completely and upload it with your proposal. Subcontractor DBE STATUS:Dollar Value of Work Age of firm:Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No.Exp. Date: / / Phone ( ) Subcontractor DBE STATUS:Dollar Value of Work Age of firm:Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No.Exp. Date: / / Phone ( ) Subcontractor DBE STATUS:Dollar Value of Work Age of firm:Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No.Exp. Date: / / Phone ( ) NOTE: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. PROPOSAL # AE-17-18-35 19 REFERENCES PROPOSAL # AE-17-18-35 2018 Fourth Of July Fireworks Show City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which Proposer has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Complete this form out accordingly. Fill out this form completely and upload it with your proposal. 1.__________________________________________________________________________________ Name and Address of Owner / Agency _________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project _________________________________________________________________________________ Contract AmountType of WorkDate Completed 2. _________________________________________________________________________________ Name and Address of Owner / Agency _________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project _________________________________________________________________________________ Contract AmountType of Work Date Completed 3 . __________________________________________________________________________________ Name and Address of Owner / Agency __________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________ Contract AmountType of WorkDate Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: _____________________________________________________________________________________ PROPOSAL # AE-17-18-35 20 Exposhows Inc, 201 Proposal for City of Santa Clarita, California th 201 July 4Fireworks Valencia Town Center I.SUMMARY.................................................................................................................................... 3 II.INTRODUCTION........................................................................................................................... 3 III.EVENT OUTLINE............................................................................................................................ 3 IV.DISPLAY ELEMENTS/ SHELL COUNT / PRICINGSUMMARY.................................................4 V. PLOT MAP AND SITE LOCATION...........................................................................................5 VI.SCOPE OF SERVICES/ TECHNICAL SPECIFICATIONS......................................................6- VII.STATEMENT OF QUALIFICATIONS..................................................................................... VIII.PROJECT MANAGEMENT.....................................................................................................1 IX.PRODUCTION AGREEMENTSUMMARY.............................................................................1 X-XII.TIMETABLE/BUDGET/EVALUATION.........................................................................................1 XIII.REFERENCES/ ENDORSEMENTS........................................................................................1 XIV.TIMELINE/CHRONOLOGY…………………………………………………………………..….1 I.Summary Exposhows, a professional Fireworks Display Company, is a California corporation based in Los Angeles Countyand experienced in municipal shows. Exposhows would like the opportunity to be selected as vendor th to operate the2018 City of Santa Clarita 4ofJuly Fireworks Display. Fireworks capture the Spirit of America and create an event that brings families together as a community. II.Introduction Exposhows was founded by pyrotechnic and meeting-planning professionalswith over 25 years of experience to provide a localfirework Display Company forcommunity events and private celebrations. “Our business defines success by making people smile, never compromising on issues of safety and consistently over delivering results. There are many ways to the same place but no such thing as staying the same. If we are not moving forward, we are falling behind.” - Exposhows Inc,- III.Event Outline th The 2018 City ofSanta ClaritaJuly 4FireworksDisplay isscheduled for the evening of Wednesday, July 4, 2018 at 9:15p.m. The displaylocation a parking structure at the Valencia Town Center. California State Fireworks Law dictatesthe maximum size shell that can be fired safely to be 4”. Section V. (Plot Map and Site Location) details shell launch location.Runtime of the fireworks program is 20 minutes and choreographed to a soundtrack submitted to event staff for review and approval. A soundtrack will be provided to the City for review and approval. The display will be choreographed to the approved soundtrack. Display elements are outlined on the page following and incorporate single shot shells, multibreak andchained shells. Load in and setup of the rdth display will be done July 3& 4, 2018.Equipment strike will be conducted following the conclusion of the event. IV.Display Elements / Shell Count Shell count and device totals are listed and will be sent for review and approval by Los Angeles County Fire Dept. Additional specialty custom break shells are used to enhance the audience experience. These shells are made in the United States. Exposhowsis proud to support American manufacturers. Shell Count Shell Size /Effect / Device Aerial Barrage Opening 3” Shells (Display & Salutes)20 4”Display Shells8 Multishot Devices (400 shots)2 Aerial Main Display 3” Main Display Shells304 4” Main Display Shells154 Multishot Devices(1800 shots)8 Aerial Grand Finale 3” (Finale &Titanium Salute)288 4” Shells (Chain Finale)40 Multishot Devices (900 shots)3 Total Shell Count / Run Time / PriceSummary Total Breaking Shell Total*814 Mutishot Devices (3100 shots)12 Main Display Shells (Lift Rate Average) 31/ minute Finale Run Time2minutes Total Show Run Time21min TotalDisplayPrice$23,280 Asan operating standard and value added feature, Exposhows displays areloaded with additional productabove listed total count to exceed yourexpectations and ensure compliance with contract shell count. V. Plot Maps / Firing Site Location Valencia Town Center 26735 Circle Drive, Santa Clarita CA 91355 280’ Plot Map I. Firing Site & Display Zone Safety Perimeter 4” Shells 280’ Diameter TechnicalProposal/Scopeof Work Permit Filings All permits required by Federal agencies, (ATF, DOT, FAA),Office of the State Fire Marshal of California, Los Angeles CountyFire Dept. and LASDin accordance with U.S., State and local laws will be submitted by Exposhows aftercontract endorsementand approval. City of Santa Clarita, Countyof Los Angeles, its officers and agents,public safety agenciesand property ownerwill be listed as additional insured on general liability and SCIF Workers Comp policies. Personnel Training Only trained and experienced pyrotechnicans areassigned toExposhows Fireworks Displaysthat includealltransportation, setup, discharge and strike of the fireworks displays. Exposhows pyrotechnicans receive annual recurring explosives safety training including OSHA High Hazard IIP Plantrainingand Industry safety protocols. In addition, Site safety briefings are conducted daily prior to work. AllExposhowsstaff are US Citizens with no felony convictions that have passed a DOJ Background Check and are authorized to perform duties as employee possessors under Exposhows Federal Explosives License.No display work is ever subcontacted. Pre-Event Meeting Exposhows will conduct a pre-event meeting(s)with City of Santa Clarita, media partner(s)and Public Safety Depts.at a date and time TBAno later than 4weeks prior to event. Launch Site Launch site isthe south-east corner of the top parking deck of the Market Garage at Valencia Town Center located at 26735 Circle Drive, Santa Clarita. A Site Map& Plot Plandetails the location of the firing platform. Storage and Delivery of Product (Pyrotechnic 1.3G Explosives) Show equipmentwill be delivered via box truck to the staging siteon Tuesday, 3 July 2018at 03:00 hoursforequipmentload-in, site configuration and set-up.Guns and Racks will be configured, positioned and secured. All product will arrive on site via th placarded and permitted box truck early morning Wed, July 4. Transportation Permit documents include the travel route of the truck. Los Angeles County Fire will be advised when the truck arrives on- site. Product remains secured inside the truck until firing site is secured and at such a time licensed operator in charge and/orAWJ Inspector determines display is ready for product loading. Itemized List of Pyrotechnic Display Equipment Equipment list includes wooden2.5”-4” racks, cleats, 3” & 4”HDPE Mortar Guns constructed in accordance and exceedingCalifornia State Fireworks Law Title 19 and approved rackand troughstabilization methods. Mortarsand rackswill be placed and stabilized in racksby in accordance with California State Fireworks Law Title 19. A electronicfiring system with built in safeguards consistent with California Fireworks Lawis used. Equipment listing includes all applicable modules, cables, connectors related to the firing system. E-match, quick match and 22-2 low voltage zip wire are used to connect fireworks to firing strips or modules. Fire suppression equipment; multiple 1.5 gallon pressurized water extinguishers. Foil and Visqueen (polyethylene plastic) for display protection until display time in the event of inclement weather conditions. Display Setupand Shell Wiring Site configuration and setup of equipment; mortars, racks, troughsand barrels will th be executed Tuesday, July 3rd.HazMat load will arrive July 4and remain locked and secured on-site under thedirectsupervision of the licensed operator(s)from arrival on site untilproduct loading until return and load out. th Shell drop and shell wiringwill be conducted Wed, July 4with completion by 2 p.m. A preliminary continuity check will be performedat this timeby licensed operator. Audio signal testingwith the media partnerwill also be conductedatthis time. Sponsor and LA CountyFirewill be advisedwhenfinal continuity is complete.A final continuity check will be conducted prior to the scheduled show start at 9:15 p.m. If display is simulcastwith a radio station,start of the display is ultimately under the control of the media partner. Sponsor or event staffcoordinatorwill direct media partner or initiate music which will transmit synchronization signalsvia wireless modem or audio cueto the firing panel shooter. Detailed Show Description with number and type of shells for show and finale Display contains a variety of several dozen different types of aerial display shell effects fromseveraldifferent manufacturers in all colors. Several of the same effects may becombined to create sweeping panoramas. Display emphasizesRed, White and Bluepatrioticcolor shells as wellseveral dozen specialty customdisplayand pattern shellsin all colors. The display opens with an opening barrage of titanium salutes and show effects including accompanied by single shell display aerial shellsand multishot devices. The main body display consists of single shot shells,chained shellsand multishot devices,many fired in tandem to a faux finale, and build again in intensity for the finale that will engage single shot shells, chained shells and salutes. The displayfeatures over 800breaking shellsand 3100 shots from multishot devices. Any new or innovative shell pattern designswill be usedto ensure use of the newest and best products available. Total run time of the show will be 20-21minutes. The finale incorporates approximately 400shells with a run time oftwominutes following an action packed show. Description of electronically fired display Entire duration of the display from the opening shot to the final finale cue will be fired electronically. Audio Track / Show & Music Choreography Show scripting software is used to create a digital rendering of the display. This software is used to choreograph the show to a soundtrack based on lift time of the shell. It enables selection of color and pattern shells to fit the song and prints labels for each shell used based on position, gun angle, module and cue. Entire duration of the fireworks display is choreographed to a pre-approved audio trackif desiredthat will be submitted to City of Santa Claritastaff and media partner for review. This music track may beprovided by the sponsor or media partner if desired. The display canbebroadcastorsimulcast to the music track bythe media partner.CD’sof the display soundtrack will be provided to Event Director or event staff representative afterapproval. Shell Labeling Each Shellwill be labeled with shell type, caliber, position, module,gun angleand cue number consistent with the choreographed show for easy identification and inventory management. A sampleof the labels affixed to each shell in the display is included on the page following. Shell Substitutions No shells will be substituted that deviate from the proposal or approved Los Angeles CountyFire Dept. permit without prior written approval of the City. Condition of Site Following display, any remaining live pyrotechnic product, unfired or located will be secured and Exposhows willstrike all display equipment for load-out. Exposhows willbe responsible for removal of all pyrotechnic equipment, material and debrisfrom the firing site and return of the substrate to its original condition. Following cleanup, a site inspection will be conducted with a City representative or photographs will be taken and sent to the City. 6.8Post Display Reporting & Evaluation Post display reporting and display evaluation will be conducted with the event sponsor. In addition, Post Display reports will be filed with the California Office of the State Fire Marshal in accordance withState Fireworkslaws and regulations. StatementofQualifications Key Contacts / Statement of Qualifications Exposhows Inc. PO Box 5590,Santa Monica, CA 90409USA Tel (424) 322-8747 Fax (310) 451-7994www.exposhows.net *David MacCormick OperationsLogistics 310-864-9616 dm@exposhows.net *Dan DouglassSite Storage & Security 818-219-0376 dan@exposhows.net *Rick Zaday Equipment Manager 661-713-4217rick@exposhows.net *Larry OchnerStaff Training Mgr 661-202-9120larry@exposhows.net *Frank PonceDigital Sys Manager 661-542-1985franklin@exposhows.net *Paul NewlandHazMat Transport Mgr661-713-6140paul@exposhows.net Richard MorrisonAudio Engineer 661-713-1852 richard.morrison@mac.com *Key Contacts are current California State Licensed Pyrotechnic Operators Exposhows Inc. was established in 2010 and founded by licensed pyrotechnic professionals to provide local municipalities a company specializing in outdoor aerial firework displays for the general public, stadium shows, city celebrations, NASCAR, theme parks and arenas for both indoor and outdoor venues. Exposhows isa California corporation, based in Los Angeles andcomprised of California licensed operators and experienced veteran pyrotechnicians. Our staff has been involved in the production and operation of outdoor aerial displays, theatrical and special effects pyrotechnics in Californiafor over twenty-fiveyears. Exposhows staffhasoperated over one hundred outdoor and theatrical displays for including large public showsfor the State of California, County of Los Angeles, Orange, Ventura and StanislausCounty and multiple year municipal clients; County of Los Angeles,Lynwood, Redondo Beach, Fillmore, Marina del Rey, Alhambra, Murrieta, Downey, Modesto, Newport Beach, Fountain Valleyand many others. Exposhowsis experienced with barge and marine shows, operatingUS Navy Fleet Weekdisplays, Battleship USS Iowa, City of Redondo Beach, Marina del Rey and Malibu Barge Shows.Inaddition toover seven years of public displaysas the in-housefor Six FlagsMagic Mountain, big gun displays include Stanislaus Countyand Malibu. It is our goal to continue with only select celebrations. Wesincerely hope to work with the City of Santa Clarita Past event and venue highlights of our operating staff include experience with over 100 displays, the Olympics, PBR, Los Angeles Dodgers, performing artists, arena shows and more. The Grand Display at the 2016Western Pyrotechnic Association Conference and 2016/2017US Navy Fleet Week Exposhows sta te of the artdigital fireworks scripting software and firing systems enable us to produce exciting precision choreographed showsfor your event.Experienced with simulcast broadcasts, our multiple Grammy award winning audio engineer designs custom music tracks for each show. In addition to foreign product manufacturers, Exposhows works directly with different US manufacturers of pyrotechnic product. This allows us to select the newest and best product from different sources for your show. If we find a way to add more as a value added feature, we will make sure to do so to ensure that your expectations are exceeded. Exposhows personnel assignedtoset up, operate the 2018 City of Santa Clarita Independence Fireworks Display consist ofno less than 8 experienced staff members and licensed operator. All aspects of the Fireworks Display will be conducted by Exposhows staff and are neversubcontracted to another agency or any third parties. Equipment and Explosives Storage facilities are registered with the ATF and the California Office of the State Fire Marshal. Facilities are maintained in the City of Santa Clarita, Acton&Mojave, CA with an administrativeoffice in Torrance, CA Primary focus is safety of spectator audience and staff members and will never be compromised under any circumstances. No incidents involving any violations ofsafety, injury to any spectators or property damage have ever occurred with Exposhows or with our experienced operators and team members. Exposhows has never been disqualified from a project and has never been a party to litigation arising from one of our displays. Our general liability, workers comp and transportation insurance loss runs have nolosses since inception. All staff members are qualified and authorized to work as employee possessors under Exposhows Inc. Federal Explosives License as required by Federal Law. In addition, all pyrotechnicians have multishow outdoor experience and receive annual safety and pyrotechnic training. Close coordination withEvent Staff and municipal public safety departments with pre-event meeting(s) and clear timely communication are hallmarks that distinguish Exposhows; adetail-oriented display companywith logistical expertise and demonstrated leadership qualitiesthat result in production excellence. David MacCormick - Display Project Manager 25 years experience including Barge and Marine display experience. Licensed CaliforniaPublic Display Operator. ATF Licensed Importer. Hazmat Transport License. Over 1000 hours and 130 public fireworks and pyrotechnics displays without incident. Dan Douglass - 34 years experience Commercial Driver. Senior PyrotechnicSupervisor. Licensed CaliforniaPublicDisplay Operator. Explosive Site Manager 8 years aerial display experience.Over 400 hours experience. Rick Zaday- 8 years experience with Municipal Publicaerialdisplays and SFX. Fabrication Manager. Licensed CaliforniaPyrotechnician. Santa Clarita Display Operator Franklin Ponce - Licensed CaliforniaPublic Display Operator. Experience with Public Display Aerial Fireworks and Proximate Pyrotechnics. Firing Systems & Electronic Equipment Manager Successful delivery of an exceptional public display fireworks production requires a structured approach within a clearly defined framework. The project manager must utilize every tool and resource to optimize the outcome. Criteria have to be met to define the scope of the project; creating an overall unforgettable audiovisual experience with universal appeal. Use only the very best, most reliable display fireworks available in the world. Fabricate the safest equipment possible for the viewing audience. Hire responsible staff and experienced industry veterans. Design the display with new effects, the widest variety and appropriate shell size selection. Audio and show choreography that excites the spectators. Identification as well as managing and mitigating the project risks that will occur are central to project success. Equipment, product, transportation, safety, security, logistics, staffing and weather are significant areas of anticipated risk. Contingencies, risk owners and assigned responsibilities are Risk Register items. e.g (Two operators assigned to display in the event anoperatoris unavailable due to unforeseen circumstances). Coordination of people and activities, constant auditing and review are controls that keep Exposhows projects on-track, on-time and within budget. Time lines for completion risks coupled with projectstrategy have always led to successful product delivery. Supplier performance measurement, ultimately project health and status are constantly monitored by using Earned Value metrics. Evaluating Trend analysis of Cost and Schedule Performance Index ratios enable dynamic adjustment and change well ahead of the event horizon. We are only limited by the extent of our imagination. Proposed show design, music and display choreography is offered as a starting or an endpoint. Public or sponsor input is encouraged in the interest of achieving the same vision. It leads to a collaborative effort, the best change control option we have in any client vendor relationship. .Production Agreement / Contract A completed Contract Agreement or formal Production Agreement / Contract with Scope of Work between Exposhows Inc., a California corporation and The City of Santa Claritawill be submitted for review orprovided by the City following acceptance of a display option or modification to and subsequent acceptance of the same. Scope of work includes the following standard production agreement details. 1Engagement 2Exposhows duties andClient (City ofSanta Clarita) duties 3Time and Place of Production 4 Fees, Interest and Expenses 5Proprietary Rights 6Safety 7Security 8 Clean Up 9Permits 10Insurance 11Indemnification 12 Limitation of Damages from Ordinary Breach 13Force Majeure 14 Rescheduling of Event / Right to Cancel 15 No Joint Venture / Applicable Law 16Notices / Modification of Terms / Severability 17 Price Firm 18 Contract Endorsement X. Timetable Description of WorkStart and End Dates Phase OneFormal Bid Submission /ApprovalJan 2018 Phase Two* Pre-Event Logistics / Show ScriptingJan – Jul 2,2018 Phase ThreeDisplay Set Up / Operation / StrikeJuly 3- 4,2018 *Phase Two includes all show preliminaries, LACoFD permit filings, music &show script choreography,coordination withCity of,Public Safety & EventStaff. XI.Budget Cost Description of Work $1 Show DepositOn Contract Approval $1 BalancePost Event Reconciliation 2017 $ TotalTotal XII.Evaluation 1.Pre Event meeting(s)withCity ofSanta ClaritaEvent Staff&LACoFD 2.Post Display Reportingwith Public Safety Dept(s).Follow Up with Event Staff References / Endorsements City of Lynwood Recreation Services Superintendent - Rozie Carrillo 310-603-0220 x-225 Marina del Rey – LA County Dept. of Beaches & Harbors - Catrina Love (310) 305-9511 City of Murrieta Recreation Services Event Director – Laura Frasso 951-461-6110 - LA County Fire Inspector – William Boller / Inspector Bob Kelley 661-286-8821 Cityof Fillmore Fire Chief 805-524- LA County Fire Dept. – Special Event Permits Amy Mawson 323-890-4122 City of Newport Beach Fire Department - Fire Inspector Steve Michael 949-644-3110 Cottonwood Church – Los Alamitos, CA Event Director Nesly Palacios 714-947-5355 Hillcrest CC, Los Angeles, CA - Director Cynthia Glendenning 310-553-8911 Cityof Murrieta Fire Dept. 951-757-4125 San Bernardino Fire Protection District – Division Chief Sal Corrao 760-256-2254 x-28 LA City Fire Department - Inspector Donald Conkrite 213-978-3650 Simi Valley High School - Simi Valley, CA - Todd Sanders 805-577-1400 Los Angeles Dodgers Jill DeStefano 323-224-1500 XIV.Production Chronology / Schedule Music Soundtrack - Show Choreography – Display Operations Site Inspection / Plot Map & Proposal Submission and Vendor Retention Contract Review / Endorsement Selection of Music Tracks / Event Specific / Genre Audio Engineering / Final Soundtrack Approval by Sponsor Display Choreography –Show Product Selection Firing Field Configuration / Display Details / LACoFD Permit Filings Audio/Sound Conference with City and/or Media Partner Pre-Event Meeting LACoFD/ Permit Approval Pre-Event Meeting Event Staff / Event Logistics / On Site Contact List Pyrotechnic Team Assignment / Safety and Event Briefing Final Display Production / Product and Effect Listing Display Shells / Show Packaged Transportation Logistics Pre-Event Audio Coordination with City and/or Media Partner Display Equipment Load In –July 3 HazMat Load In –July 4 Fireworks Display and Post Display Site Inspection –July 4 Strike / Load Out –July 4 Post Display Site Inspection July 4/5 Post Display Reporting Los Angeles CountyFD/ State Fire Marshal Post Display Reporting City of Santa ClaritaEvent Staff Opening 3”Assorted Color, Super Peony Titanium SaluteDisplay Shells 4” Color Display Shells – Brocade /Willow Forest / Spinning Flowers Shot Gold TOTAL SHELLS TOTAL MULTISHOT Main Body Three Inch Floral Pattern Shells Peony/Gamboge/Cyas Three Inch Specialty MultiBurst Color/Salute Effect Shells Three Inch Duration/Lingering Effects Willow/Stars /Falling Leaves4 Three Inch Salute Report Shells / Whistles 20 Three Inch Multi-Break / Multi Break Color Effect Shells40 Three Inch Palm, Dahlia, Diadem & Chrysanthemum Multi-Effect Shells Three Inch Torbillion & Girandola Effect Shells0 2” 36 Shot Battle of Color Multishot Cake 2” 136 Shot Different ShotPattern Shells Multishot Cake1 Hearts/Letters/Saturn/Happy Face/Rings/Cubes/Atomic/Octagon 1 1.75”00 Shot Skypainter Red /White and Blue Comets 1 TOTAL 3” SHELLS TOTAL MULTISHOT Four Inch Floral Pattern Shells Peony/Gamboge/Cyas Four Inch Brocade/Crown Brocade16 Four Inch Specialty MultiBurst Color/Salute Effect Shells Four Inch Duration/Lingering Effects Willow/Stars /Falling Leaves Four Inch Multi-Break / Multi Break Color Effect Shells /Whistles Four Inch Palm, Dahlia, Diadem & Chrysanthemum Multi-Effect Shells Four Inch Pattern Shells Hearts/Letters/Saturn/Happy Face/Rings 15 Four Inch Torbillion & Serpent Effect Shells 10 TOTAL 4” SHELLS Grand Finale Three Inch Assorted Custom Color and Salute w/Report Finale Shells 10 Three Inch Assorted Red Blossoming Flowers to Silver to Blue0 20 Three Inch Assorted Blue Blossoming Flowers to Silver to Red Three Inch Multi Color Varigated Peony Four Inch Red/White/Blue and Color Display Shells 10 Four Inch Gold and Silver Brocade withCrown Shells 20 Four Inch Silverto GoldKamuro with Glitter and Crackle3” 168 Dawn Finale TOTAL GRAND FINALE SHELLS