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HomeMy WebLinkAboutZambelli Fireworks Manufacturing Company Inc. - 2015-06-15G aN Li9-L�s .i Dept ID CS 15-005-Page 1 of 2 Meeting Date 6/15/2015 Aopo jOt/c—t ( —D — / roC_ZQ_072Or hS&- 7 0T) CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/15/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of a three-year contract with Zambelli Fireworks Manufacturing Company Inc totaling $138,000 for the fireworks displav on the Fourth of Julv at the end of the Pier Statement of Issue The City's Fourth of July Executive committee raises funds and pays for a fireworks show at the end of the Pier each year Zambelli Fireworks Manufacturing Company Inc (Zambelli) has provided the fireworks show for the past several years This year, a Request for Proposal (RFP) was circulated and the City received several bids Zambelli was chosen as the lowest responsible bidder This is a three-year contract to provide a fireworks show for 2015, 2016, and 2017 Financial Impact The cost is covered through funds raised by the Fourth of July Executive Board The cost for 2015 is proposed to be $45,000, for 2016 - $46,000 and 2017 - $47,000 Recommended Action Approve and authorize the Mayor and City Clerk to execute the "Services Contract between the City of Huntington Beach and Zambelli Fireworks Manufacturing Company, Inc for fireworks display on the Fourth of July " Alternative Action(s) Do not approve the agreement to execute the services contract with Zambelli and direct staff accordingly Analysis Since 2003, the Fourth of July Executive Committee has raised funds to pay for a fireworks display at the end of the Pier by Ruby's restaurant The fireworks display is shown in the evening and tickets for seats on the Pier are sold The City advertised a RFP and submitted in compliance with Chapter 3 03 of the Huntington Beach Municipal Code Five proposals were received Vendor 2015 2016 2017 3-Year Total Zambelli Fireworks Manufacturing Company Inc $45,000 $46,000 $47,000 $138,000 Ex oshows Inc $46,800 $46,800 $46,800 $140,400 Fireworks by Grucci, Inc $50,000 $50,000 $50,000 $150,000 P ro Spectaculars, Inc $50,000 $51,000 $52,020 $153,020 Fireworks & Stage FX America $60,000 $60,000 $60,000 $180,000 Dept ID CS 15-005-Page 2 of 2 Meeting Date 6/15/2015 Zambelli has provided the fireworks display for the past several years on a year-to-year contract Zambelli submitted the best bid that provided an excellent assortment of shells at a reasonable cost Zambelli was selected for a three-year contact with the City to provide a fireworks display in 2015, 2016, and 2017 Environmental Status Not applicable Strategic Plan Goal Improve quality of life Attachment(s) 1 Services Contract between the City of Huntington Beach and Zambelli Fireworks Manufacturing Company, Inc for Fireworks display on the Fourth of July SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ZAMBELLI FIREWORKS MANUFACTURING COMPANY, INC FOR FIREWORKS DISPLAY ON THE FOURTH OF JULY THIS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and ZAMBELLI FIREWORKS MANUFACTURING COMPANY, INC., a Pennsylvama corporation, hereinafter referred to as "CONTRACTOR " WHEREAS, CITY desires to engage the services of a contractor to produce and display fireworks for the 2015, 2016 and 2017 Fourth of July celebrations on the Huntington Beach Municipal Pier, in the City of Huntington Beach, and The provisions of HBMC Chapter 3 02 relating to procurement of services contracts has been complied with, and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows 1 WORK STATEMENT CONTRACTOR shall provide all services as described in herein for the Fourth of July 2015, 2016 and 2017 fireworks displays The displays are scheduled for approximately 9 00 p m and will each last a minimum of twenty-eight (28) minutes in duration, and shall consist of the following AERIAL PROGRAM Body Finale Four Inch Display Shells 180 Three Inch Finale Salutes 210 Five Inch Display Shells 145 Four Inch Finale Shells 240 Six Inch Display Shells 172 Five Inch Finale Shells 65 Eight Inch Display Shells 32 Six Inch Finale Shells 56 Eight Inch Finale Shells 1 TOTAL SHELLS 1101 15-4677/119904 1 Additional fireworks to be added as agreed upon by CONTRACTOR and CITY The program will fire at a rate of 28 (or more) shells per minute. This ensures that the sky will not be "black" unless called for in the choreography Shells will open to overlap previous shells to keep the action continuous The display shall be accompanied by a musical soundtrack appropriate for the 4,' of July and the show will be fired electrically. CONTRACTOR's services shall also include, without limitation, the provision of a licensed pyrotechnic operator, full electronic finng of the fireworks display, show choreography and design, insurance coverage, sales tax and delivery and the processing of the necessary permit applications These services shall sometimes hereinafter be referred to as "PROJECT " 2 DESIGNATED CONTACTS CITY shall assign a staff coordinator to work directly with CONTRACTOR in the R performance of this Agreement CONTRACTOR hereby designates John Hagen, who shall represent it and be its point of contact in all consultations with CITY during the performance of this Agreement 3 TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONTRACTOR are to commence as soon as practicable after the execution of this Agreement to ensure that the fireworks show occurs at the agreed upon time on the Fourth of July This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONTRACTOR 4 COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR a fee of Forty -Five Thousand Dollars ($45,000 00) for 2015, Forty -Six Thousand Dollars ($46,000.00) for 2016 and Forty -Seven Thousand ($47,000 00) for 154677/119904 2 2017 The total amount of this contract is not to exceed One Hundred Thirty -Eight Thousand ($138,000 00) for three (3) years CITY agrees that the full and final payment for CONTRACTOR's services each year is due within ten (10) calendar days after each Fourth of July or by July 14 of each year 5 SPECIAL PROVISIONS A CONTRACTOR will provide a fireworks show that is a minimum of twenty-eight (28) minutes in length on July 4, 2015, 2016 and 2017 The fireworks shall be launched off of the Huntington Beach Pier, beginning at approximately 9 00 P.M B CONTRACTOR will provide a California licensed pyrotechnic operator (Jeffrey Eidemiller) and crew including sufficient qualified technicians and laborers to execute the event. The assigned employee of contractor (Eidemiller) will be available for up to three on -site, pre -event meetings with the 4 b of July Board and CITY staff If, in the event that Mr Eidemiller's service cannot be provided, CONTRACTOR will provide a pyrotechnic operator with similar credentials and experience C CONTRACTOR will obtain all applicable federal, state, county and CITY permits All CITY permit paperwork must be submitted and fees for CITY permits will be waived. CONTRACTOR is responsible for the processing of other permits D CONTRACTOR will meet or exceed all provisions of the Huntington Beach Fire Code and California Code of Regulations, Title 19-Public Safety, Division 1, Chapter 6, Articles 1 through 15, NFPA 1123, and California Health and Safety 15-4677/119904 3 Code Division 11 In the event of a conflict in standards between the codes, the more stringent shall prevail E Alternate materials and methods must be submitted by CONTRACTOR and may be approved by the Fire Chief provided that the Fire Chief fords that the proposed design, use or operation satisfactorily complies with the intent of the California Fire Code applicable or other recognized national standards. Furthermore, the method of work performed or operation, shall be for the purpose intended, and at least equivalent to that prescribed in the code in quality, strength, effectiveness, fire resistance, durability and safety F CONTRACTOR is responsible to provide all necessary pyrotechnic equipment G CONTRACTOR is responsible for the removal of unexploded fireworks and event equipment A plan detailing the route and destination of unexploded fireworks must be subnutted to the authorities having jurisdiction as required H CONTRACTOR must submit a fire protection plan and Public Display Plan, subject to the review and approval of CITY's Fire Chief to provide for the protection of persons observing the display and Ruby's restaurant at the end of the Pier from fire or other damage This plan shall be submitted prior to June 6 of each contract year for the HBFD review and comment All information requested by the HBFD shall be provided prior to permit issuance. I CONTRACTOR will provide a musical score that corresponds with the fireworks display Musical score is to be submitted to the 4`h of July Board by April 1 of each year CITY will provide sound equipment J CITY will permit an accessible location to launch fireworks 154677/119904 4 K CITY will provide for barricades, police and security to clear the public from the set-up area CONTRACTOR to provide licensed security to monitor fireworks staging area at all times while fireworks are present on the pier L CITY will provide sand, including delivery and pick up M CITY and CONTRACTOR will work together and mutually agree on a timeline for fireworks delivery, set up and access to the Pier N If either party deems conditions unsafe, the fireworks display will be delayed or postponed until conditions are corrected If conditions are not corrected, either parry may cancel the display without further liability to either parry O CITY shall have the option to unilaterally cancel this display prior to the date of the display If CITY exercises this option, CITY agrees to pay to CONTRACTOR, as liquidated damages, the following percentages of the agreed contact price 1) twenty-five percent (25%) if cancellation is three (3) or more days prior to the scheduled day of the display, 2) fifty percent (50%) if cancellation occurs within two (2) days of the actual date set for the display, 3) seventy-five percent (75%) if cancellation occurs on the date set for the display but prior to the time physical set-up of the display actually begins, 4) one hundred percent (100%) thereafter If cancellation occurs prior to the date set for the display, CITY agrees to pay CONTRACTOR in addition to the above percentages. the value associated with any specific custom work performed by CONTRACTOR or its agents including but not limited to music/narration tape production and/or sponsors' logos. 15-4677/119904 5 P Liquidated Damages/Delays It is agreed by the parties hereto that in case CONTRACTOR fails to perform the fireworks shows referenced herein, damage will be sustained by CITY, and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of CONTRACTOR'S failure to perform It is therefore agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Forty -Five Thousand Dollars ($45,000 00), which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of CONTRACTOR'S failure to perform the fireworks shows, and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder As used herein, the phrase "failure to perform" does not refer to issues concerning the quality or completeness of the display, but reflects a situation where due to negligence or willful misconduct on the part of CONTRACTOR the shows cannot be shot Q This agreement may be extended, upon mutual agreement of the parties in writing, for an additional two-year period 6 EXTRA WORK In the event CITY requires additional services not included herein or changes in the scope of services described herein CONTRACTOR will undertake such work only upon mutual written agreement of CONTRACTOR and CITY, Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 15-4677/119904 6 7 INDEMNIFICATION. DEFENSE. HOLD HARMLESS CONTRACTOR shall defend, indemnify and save and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation) ansing out of the performance of this Agreement by CONTRACTOR, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY or any other person. CONTRACTOR will conduct such defense at its sole costs and expense CITY shall be reimbursed by CONTRACTOR for all costs and attorney's fees necessarily incurred by CITY in successfully enforcing this obligation. 8 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq of said Code, which requires every employer to be insured against liability for workers' compensation, CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder, and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONTRACTOR under this Agreement 15-4677/119904 7 CONTRACTOR shall maintain workers' compensation and employers' liability insurance in amounts not less than the State statutory limits CONTRACTOR shall cover all subcontractors or require such subcontractors to provide such workers' compensation and employers' liability insurance for all of the subcontractors' employees CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurances and CONTRACTOR shall similarly require all subcontractors to waive subrogation 9 INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims ansing out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of Two Million Dollars ($2,000,000.00) per occurrence If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than Four Million Dollars ($4,000,000.00) for this PROJECT The policies shall name CITY, its officers, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 15-4677/119904 8 applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY, however an insurance policy "deductible" of $2,500 00 is permitted CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement 10 CERTIFICATES OF INSURANCE ADDITIONALLY INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, the certificates shall A provide the name and policy number of each carrier and policy, B state that the policy is currently in force, and C promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY 154677/119904 9 The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the Additionally Insured Parties as Additional Insureds, to the City Attorney for approval prior to any payment hereunder A statement on an insurance certificate will not be accepted in lieu of the actual endorsement CONTRACTOR shall require all subcontractors to name CONTRACTOR, its officers, employees and agents, and the Additionally Insured Parties as Additional Insureds on all subcontractor insurance policies using ISO form number CG 20 38 04 13 or coverage at least as broad CONTRACTOR shall verify that every subcontractor policy endorsement complies with the requirements set forth herein 11 INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor and not as an employee of CITY CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR 15-4677/119904 10 and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder 12 ASSIGNMENT AND SUBCONTRACTING This Agreement is a standard service contract and the supervisory work hereunder shall not be delegated or subcontracted by CONTRACTOR to any other person or entity without the prior written consent of CITY. 13 CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 14 NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR's or to CITY'S Director of Community Services, as the situation shall warrant, or by enclosing the same in a sealed envelope, first class postage prepaid, and depositing the same in the United States Postal Services, addressed as follows TO CITY - City of Huntington Beach Attn Director of Community Services 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR John Hagen Zambelli Fireworks Manufacturing Corp Inc P O Box 986 Shafter, CA 93263 Notice shall be deemed effective when delivered or three (3) business days after deposit in the mail. 15-4677/119904 11 15 IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification 16 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR 17 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 18 SECTION HEADINGS The titles, captions, section, paragraph, subject headings and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 15-4677/119904 12 19 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 20 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original Each of the parties hereto shall retain an originally signed copy hereof Each duplicate original shall be deemed an original instrument as against any part who has signed it 15-4677/119904 13 21 ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and/or provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees 22 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 23 ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understanding and agreements whether oral or in writing between the parties respecting to subject matter hereof 15-4677/119904 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ,7U,,k) E 15 , 2015 ZAMBELLI FIREWORKS MANUFACTURING COMPANY, INN pnnt name ITSJ circle one) Chaum residen ice President By. print name ITS (circle one) Secretary/Chief Financial Office Asst ecretary — Treasurer INITIATED AND APPROVED FW' � ;cM 0 unity Services APPROVED ASTO FORM Attorney ��/ qI L3/�1 J 15-4677/119904 15 CITY OF HUNTINGTON BEACH Professional Service Approval Form is PART I Date 6/11/2015 Project Manager Name Chris Cole Requested by Name if different from Project Manager Department Community Services PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement Services to produce and display fireworks for the 2015, 2016 and 2017 Fourth of July celebration on the Huntington Beach pier 2) Estimated cost of the services being sought $ 138,000 00 for 3-years 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain 4) Check below how the services will be obtained ® A Bid solicitation process in accordance to the MC 3 03 060 procedures will be conducted ❑ MC 3 03 08(b) — Other Interagency Agreement procedure will be utilized ❑ MC 3 03 08 — Contract Limits of $30,000 or less exempt procedure will be utilized 5) Is this contract enerally described on the list of professional service contracts approved by the City Council? a wer t this question is "No," the contract will require approval from the City Council ) ® Yes ❑ No nager Signature (Purchasing Approval) 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Date Account number Contractual Dollar Amount Business unit object # Fi cal Year 10/ 2015 Fiscal Year 2016 Fiscal Year 2017 20445803 69505 $45000 $46000 $47000 $ $ $ o A/1,5 Budget Approval Date / ►i�i 'a Signatur () D e 1 71 S-- ance's Signature to Manager's Signature Date APPROVErAf ity Manager's Signature Date professional service approval form - part i doc REV February 2015 2CITY OF HUNTINGTON BEACH Date 6/11/2015 Project Manager Chris Cole Requested by Name if different from Project Manager Department Community Services PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART / & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant Zambelli Fireworks Manufacturing Company Inc 2) Contract Number CMS (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract $138,000 Account number Contractual Dollar Amount Business unit object # Fi al Year 141 2015 Fiscal Year 2016 Fiscal Year 2017 20445803 69505 $45,0 0 $46,000 $47,000 $ $ $ 4) Is this contract less than $50,0009 ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,0009 ❑ Yes ® No 6) Is this contract over $100,0009 ® Yes ❑ No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to the contract ) 7) Were formal written proposals requested from at least three available qualified consultants ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number ) 9) Attach Exhibit A, which describes the proposed scope of work 10) Attaches, which c,�Acribes the payment terms of the contract Fiscal (Purchasing) Budget anager Approval Signature 4�4,tla1- Director of Finance (or designee) Signature G-/i—/J— Date Cs1 1( 1 is ate Date professional service approval form - part a doc REV February 2015 REQUEST FOR PROPOSAL 4T" of JUly Professional Fireworks Show Exposhows Inc 1003 Wilshire Blvd, Ste 208 Santa Monica, CA 90401 Fireworks & Stage FX America P O Box 488 Lakeside, CA 92040 Fireworks by Grucci, Inc 20 Pinehurst Dr Bellport, NY 11713 Pyro Spectaculars, Inc P O Box 2329 3196 North Locust Ave Rialto, CA 92377 Zambelli Fireworks Mfg P O Box 986 Shafter, CA 93263 A �'® CERTIFICATE OF LIABILITY INSURANCE DATE 06/09/2015) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCERAIIied Specialty Insurance, Inc 10451 Gulf Blvd Treasure Island, FL 33706-4814 1-800-237-3355 NAMEACT PHONE FAX AIC No ADDRESS INSURERS AFFORDING COVERAGE NAIC # INSURER T HE Insurance Company 12866 INSURED Zambelll Fireworks Mfg Co 20 South Mercer Street New Castle PA 16101 INSURER INSURER C INSURER INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY CPP0103167-02 02/0112015 02/0112016 EACH OCCURRENCE $ 1 ,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 x OMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR APPROVED A FORM TO FO M MED EXP (Any one person) $ _CO PERSONAL 8 ADV INJURY $ 1 ,000,000 GENERAL AGGREGATE $2,000,000 y e !iiL GEN L AGGREGATE LIMIT APPLIES PER PR - POLICY OLOC PRODUCTS -CDMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY CPP010316Aj$ael Gates, CI 02/01I2016 COMBINED SINGLE LIMIT1,000,000 Ea accident) $ X BODILY INJURY (Per person) $ ANY AUTO. ALL DWNEDfSCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PerDPEcR DAMAGE $ NON -OWNED HIRED AUTOSAUTOS A UMBRELLA LIAB X OCCUR ELP0011081-02 02/0112015 02/0112016 EACH OCCURRENCE $ 9,000,000 u AGGREGATE $9,000,000 EXCESS LIAB CLAIMS -MADE DIED F RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N I A WCP0005125-003 02/0112015 02/0112016 )c I WC STATU- OTH- EL EACH ACCIDENT 000 000 $ , , EL DISEASE EA EMPLOYEE $ 1 ,000,000 If yes describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $ Workers Compensation Coverage is afforded in the states of AZ,CO,CT,DE,FL,GA,IL,IN,KY,LA,MD,MI,MN,MO N C, NE,NJ, NM, NV, NY,OR,PA, SC,SD,TN,TX, UT,VA& W I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) DISPLAY DATE 07104115 RAIN DATE NIA LOCATION Huntington Beach Municipal Pier RE GENERAL LIABILITY, THE FOLLOWING ARE NAMED AS ADDITIONAL INSURED IN RESPECTS TO THE OPERATION OF THE NAMED INSURED ONLY CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS, OFFICERS, EMPLOYEES, AND VOLUNTEERS Further this Insurance will be deemed to be primary and non-contributory with respect to the Insurance of such additional insured if you agreed to such a condition in the written contract with such additional insured Thirty (30) day notice of cancellation applies CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS -RESENTAa J'vVA___ ©1988-2010 ACORltl CORPORATION. All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER CPP 0103167 02 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Endorsement Effective Countersigned By 07/04/2015 Named Insured ZAMBELLI FIREWORKS MFG CO, INC Authorized Representative) SCHEDULE Name of Person(s) or Organization(s) CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS BUT ONLY AS RESPECTS TO THE OPERATIONS OF THE NAMED INSURED FOR THE DISPLAY ON 07/04/15 ONLY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement ) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form Hart Forms & Services Reorder No 14-B285 CA 20 48 02 99 Copyright, Insurance Services Office, Inc , 1998 Page 1 of 1 POLICY NUMBER CPP0103167-02 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations CITY OF HUNTINGTON BEACH, ITS ELECTED OR HUNTINGTON BEACH MUNICIPAL APPOINTED OFFICIALS, AGENTS, OFFICERS, PIER, HUNTINGTON, CA EMPLOYEES AND VOLUNTEERS RE FW DISPLAY ON 07/4/15 Information required to complete this Schedule, if not shown above, will be shown in the Declarations A Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by 1 Your acts or omissions, or 2 The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above However 1 The insurance afforded to such additional insured only applies to the extent permitted by law, and 2 If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured B With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply to "bodily injury" or "property damage" occurring after 1 All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2 That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 20 10 04 13 © Insurance Services Office, Inc, 2012 Page 1 of 2 C With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance 1 Required by the contract or agreement, or 2 Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Page 2 of 2 © Insurance Services Office, Inc, 2012 CG 2010 04 13 POLICYHOLDER COPY NE P 0 BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE 12-31-2014 CITY OF HUNTINGTON BEACH NE 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 GROUP POLICY NUMBER 0804630-2014 CERTIFICATE 10 258 CERTIFICATE EXPIRES 12-31-2015 12-31-2014/12-31-2015 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-05-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY EMPLOYER ZAMBELLI FIREWORKS MFG CO INC NE 20 S MERCER ST FL 2ND NEW CASTLE PA 16101 M0410 (REV 7-2014) PRINTED 11-17-2014 — , f' " City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk June 17, 2015 Zambelli Fireworks Manufacturing Corp , Inc ATTN John Hagen P O Box 986 Shafter, CA 93263 Dear Mr Hagen Enclosed for your records is a copy of the fully executed "Services Contract Between The City of Huntington Beach and Zambelli Fireworks Manufacturing Company, Inc for Fireworks Display on the Fourth of July " Sincerely, 0 Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Citzes Anjo, Japan ♦ Wartakere, New Zealand