HomeMy WebLinkAboutZAMBELLI INTERNATIONAL FIREWORKS MANUFACTURING, INC. - 2005-06-30To:
City Clerk
Contracts Submittal to
City Clerk's Office
OF
; rCN DEACEi. CA
i�jj 2, ..
1. Name of Contractor: Zambelli International Fireworks Manufacturing, Inc.
2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
Fireworks for the 2005 Fourth of July
3. Amount of Contract: $40,000.00
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
City Treasurer _ ORIGINAL bonds sent to Treasurer
g:/Attymisc/forms/city clerk contract transmittal.doc
SERVICES CONTRACT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
ZAMBELLI INTERNATIONALE 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 INTERNATIONALE FIREWORKS MANUFACTURING
COMPANY, INC., a California corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor to produce and display
fireworks for the 2005 Fourth of July 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:
WORK STATEMENT
CONTRACTOR shall provide all services as described in herein for the Fourth of
July, 2005 fireworks display. The display is scheduled for approximately 9:00 p.m. and will last
a minimum of twenty (20) minutes in duration, and shall consist of the following:
05agree/zambelli
AERIAL PROGRAM
Fanfare
Three Inch Finale Shells
Four Inch Finale Shells
Five Inch Finale Shells
01
Finale
Six Inch Finale Shells
Three Inch Display Shells
Four Inch Display Shells
Five Inch Display Shells
Six Inch Display Shells
Eight Inch Display Shells
Ten Inch Display Shells
Three Inch Display Shells
Four Inch Display Shells
Five Inch Display Shells
Six Inch Display Shells
Eight Inch Display Shells
Ten Inch Display Shells
100
24
20
16
0
216
180
144
40
8 (or comparable display in 8 inch shells)
300
180
75
56
1
1 (or comparable display in 8 inch shells)
The program will fire at a rate of 20 (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 firing 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
performance of this Agreement.
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CONTRACTOR hereby designates Irving Perry, 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 Thousand Dollars ($40,000.00). CITY agrees that the full
and final payment for CONTRACTOR's services is due within ten (10) calendar days after the
Fourth of July or by July 14.
SPECIAL PROVISIONS
A. CONTRACTOR will provide a fireworks show that is a minimum of 20
minutes in length on July 4, 2005. 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 contractor (Eidemiller) will be available for up to three on -site, pre -
event meetings with the 4t' 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
05agree/zambelli
waived. CITY will apply for a Marine Event Permit from the Coast Guard. CONTRACTOR is
responsible for the processing of other permits.
D. CONTRACTOR will meet or exceed all provisions of the Huntington
Beach Fire Code Article 78 and California Code of Regulations, Title 19-Public Safety, Chapter
6, Articles 1 through 15. 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 finds that the proposed
design, use or operation satisfactorily complies with the intent of Article 78 or other recognized
national standards acceptable to the CITY. 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.
equipment.
F. CONTRACTOR is responsible to provide all necessary pyrotechnic
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 submitted to the authorities having jurisdiction as required.
H. CONTRACTOR must submit a fire protection plan, subject to the review
and approval of CITY's Fire Chief to provide for the protection of Ruby's restaurant at the end
of the Pier from fire or other damage.
I. CONTRACTOR will provide a musical score that corresponds with the
fireworks display. Operator will work with the event's radio partner and the Fourth of July
Board to coordinate the live radio broadcast of the event. CITY will provide sound equipment.
CITY will permit an accessible location to launch fireworks.
05agree/zambelli 4
K. CITY will provide for barricades, police and security to clear the public
from the set-up area and to maintain the necessary safety zone throughout the set-up, the event
and the take down.
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 party
may cancel the display without further liability to either party.
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.
P. Liquidated Damages/Delays
It is agreed by the parties hereto that in case CONTRACTOR fails to perform the
fireworks show 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
05agree/zambeili 5
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 Thousand Dollars ($40,000.00), 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 show; 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.
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.
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) arising out of the
performance of this Agreement by CONTRACTOR, its officers, agents or employees except
such loss or damage which was caused by the 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.
05agreelzambelli 6
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.
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 employers' liability insurances,
CONTRACTOR shall obtain and furnish to CITY, a policy of commercial general liability
insurance covering the PROJECT, and a policy of automobile bodily injury and property damage
insurance covering all automobiles owned or operated by CONTRACTOR. The policies shall
cover CONTRACTOR, its officers, agents and employees, while acting within the scope of their
05agree/zambelli 7
duties, against claims arising 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
agents, its officers, employees and volunteers as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable to the PROJECT shall be
deemed excess coverage and that CONTRACTOR's insurance shall be primary.
Under no circumstances shall the above -mentioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage greater than $2,500.00.
10. CERTIFICATES OF INSURANCE
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. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice.
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
05agree/zambelli
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the Agreement.
CITY or its representative shall at all times have the right to demand a copy of all said policies of
insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
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 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 personal 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
05agreehambelli 9
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:
TO CONTRACTOR:
Jim B. Engle Jeffrey Eidemiller
Director of Community Services Zambelli Fireworks Manufacturing Corp. Inc.
City of Huntington Beach P. O. Box 986
2000 Main Street Shafter, CA 93263
Huntington Beach, CA 92648
Notice shall be deemed effective when delivered or three (3) business days after deposit
in the mail.
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.
05agree/zambelli 10
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.
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
05agree/zambelli I I
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.
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
of California.
This Agreement shall be governed and construed in accordance with the laws of the State
REST OF PAGE NOT USED
05agree/zambelli 12
JUN-28-2005 06:38PM FROM-ZANBELLI FIREWORKS INTL 5613951799 T-552 P.014/014 F-098
06/2912005 11:04 FAX 714 374 1550 CITY of HUNT BEACH @ 014/014
�.�
CITY OF HUNTINGTON BEACH a
m opal corporation of the State California
Director of'Umbdstrative SeK*
(PurswMf to HDMC Chapter 3.02)
APPROVED AS TO FORM:
►110M�;
The Agreement contains die satire agcomeat betmna the panics respecting tle
Sabjecct Haag of third Agreomem and n peac;edes aII prior mWer%miing and agmements whwher
oral or in writing between the parties mpecting to subject mnUer hereof.
XN'ITNEgS WIMUM, the podea hereto have cwwd this jkWeemaat to be executed
by mud tivaugh their authorised officers on ZUQS.
ZAlVi8ELLI 'lri'I EMATIONALE
MEWORKS MANUFAC1'UMO CO.,
INC.
.F mo c, nwimad",
F1..1r_,.... .. . .. �►�
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r
Ian
All =1011
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May-2T-05 10:21as frwALLIED INSURANCE
T-246 P-04/04 F-659
i.
FAMILY PARTMEMIP
H15HP5426 0111105-02/i/06
NAJ
COMME6AL GENFRAL LIABILITY GOVER'AGE PART
A. Section ill - Who Is An Insured is amended 10
include as; an additional insured any person or or-
ganization for whorn you are performing operations
when yov and such person or organization have
agreed iii writing in a contract or agreement that
such perf'on or organization be added as an addi-
tional invured on your policy. Such person or or-
ganization is an additional insured only with re-
spect td liability for *bodity injury", 'property
damage"' or *personal and advertising injury"
caused, irl whole or in part, by
1. Your acts or omons: or
2. The gets or omissions of those acting on your
in the p0dormance of your ongoing operations for
the additional insured.
A person�% or organization's status as an additional
insured �nder this endorsement ends when your
operations ior that additional insured are com-
pleted I
,7#7 7TT-.TUTTWr74W,;T_1 IN a Em
B. With respect to the insurance afforded to thest
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to:
1 *Bod#y injuW, 'property damage" or -personal
and advertising injury" arising out of the render-
ing of, or the failure to render, any professional
archiftectural, engineering or surveying ser-
vices. including
a. The preparing, approving, or tailing to pre-
pare or approve, maps. shop drawings,
opinions, reports, surveys, field orders,
change orders of dravAngs and specifica-
tions; or
b. Supervisory, inspection, architectural or
engirieerIng activities,
2. "Bodily Injury* at Oproperty damaW occurring
after.
a. All :or including materials, parts or
equipment furnished in connection with
such work, on the proW (other than ser-
vice, maintenance or repairs) to be per-
formed by or on behalf of the addonal in-
sured(s) at the location of ft covered
operations has been completed*. or
b. 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
othef than another contractor or subcontrac-
tor engaged in performing operations for a
principal as a pail of the same project.
INSUM. The City of Butitingtorn Beach, its agents. officers, employees,
and the Redevelopment Agency of the City of Ranton Beach.
A ROVED TO FORMW
JOI�NIG
FEIR Ir RXTH, Citv Attoni�,
c
CG 20 33 07 04 0 (SO Properties, Irtc., 2004 Page I of 9 13
May-2T-05 10:20am From -ALLIED INSURANCE
T-296 P,01 F-858
MMEMM
TRRIMMOU-TWO-0
The City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Zambelli Fireworks
Display Date: 07104/05
Unclosea please ima Certiticale ox
and Additional Insured CG2033.
If you have any her requests, please advise.
Cc: Heather Williams Zarnbelli Fireworks
New Castle, Pennsylvania
xumVISF,D 5/27/05
& Refaxed
ALLIED SPECIALTY INSURANCE, INC.
1(l S I Gulf Boulcvard, Truasurt Island, Florida 33706 - 727 367-6900 - 1 8W 237-3355 - FAX 727 360-4232
kby-27-05 10:2lam From -ALLIED INSURANCE T-296 P-03/04 F-058
WA-1-J) 1:44 141RIZ-11 Ml WA j-'13V 1:4 W:'&-j 2, N'
111ROOMM'', HE
S613
The insurer will not cancel the Insured's coverage without 15
days prior written notice to the State Fire Marshall.
2) The duly licensed pyrotechnic operator required by law to
supervise and discharge the public display, acting either as
an employee of the Insured or as an independent contractor
and the State of California, its officers, agents, employees
and servants are included as additional insureds, but only
insofar as any operations under this chapter are concerned
(Health & Safety Code Section 12552).
The state shall not be responsible for any premium or
assessments on the policy.
Sq. `� PROFESSIONAL SERVICE CONTRACTS
, PURCHASING CERTIFICATION
1. Requested by: Naida Osline
2. Date: June 30, 2005
3. Name of consultant: Zambelli Fireworks
4. Description of work to be performed: Provide 4th of July fireworks show
5. Amount of the contract: $40,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 20445803.69450
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? Z Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
Explanation:
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number). IPo sec-facula►---��ioRi -14- UeLiLj
12. Attach proposed scope of work. ';
13. Attach proposed payment schedule.
WHARJD�'AMAIJRIL,
,RI Manage
P rchasing/Central Services
' If the answer to any these questions is "No," the contract will require approval from the City Council.
Document2
6/30/2005 2:22 PM
PROPOSALS FOR JULY 4TH FIREWORKS SHOW
Pyro Spectaculars
P.O. Box 2329
Rialto, CA 92377
(909) 874-1644
2. Zambelli Fireworks
P.O. Box 986
Shaftner, CA 93263
(805) 746-2842
3. No other vendors provide service