04-24 FIREWORK DISPLAY RFP

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Agency:	City of Kenosha
State:	Wisconsin
Level of Government:	State & Local
Category:	D - Automatic Data Processing and Telecommunication Services
Opps ID:	NBD18776657088195741
Posted Date:	Mar 14, 2024
Due Date:	Apr 16, 2024
Solicitation No:	04-24
Source:	Members Only

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CITY OF KENOSHA

FIREWORK DISPLAYS

PROPOSAL NO. 04-24

Issued: March 13 , 2024

Proposals will be accepted by the City of Kenosha, in the Department of Finance, Municipal

Office Building, 625 52nd Street, Room 208, Kenosha, Wisconsin until:

Tuesday, April 16, 2024 at 2:30 P.M.

for the provision of fireworks and pyrotechnic displays along the City of Kenosha's lakefront at

Harbor Park. General terms of the Agreement would encompass a three (3) year Agreement

duration and would govern the pyrotechnic displays for July 4, 2025; July 4, 2026, and July 4,

2027, with an alternate date of July 5 for each year. The Agreement shall provide that the

City of Kenosha may cancel any remaining years upon ninety (90) days written notice, if

performance is unsatisfactory to the City. The successful pyrotechnics vendor would be

required to approve and execute an Agreement with the City of Kenosha for such pyrotechnic

commodity, work and services. The award of the Agreement shall be contingent upon

approval by the City of Kenosha's Finance Committee and the Common Council. A draft

version of the Agreement is included herein for review.

Cost proposals must be submitted on the attached proposal form and accompany all

narratives and other components deemed necessary to the submittal. Proposals received

after the deadline stated above will not be accepted, opened or considered. Proposal forms

must be filled out completely, signed and dated and all required documentation must be

included with the proposal. No faxed or other electronically communicated proposals will be

considered or accepted.

The City reserves the right to reject any or all proposals and/or to accept any proposal

deemed the most advantageous to the City of Kenosha.

The City of Kenosha is exempt from Federal Excise Tax and State Sales Tax, therefore,

proposals should be made exclusive of these taxes. A Tax Exemption Certificate and/or Tax

Exemption Registry Number will be furnished to the successful contractor.

Each of the insurance limits delineated in the attached specifications and required by the

Agreement shall be met in every respect. The City of Kenosha reserves the right to reject any

proposal which does not meet these insurance limits listed in the attached Specifications and

the Agreement.

CITY OF KENOSHA

FIREWORK DISPLAYS

PROPOSAL NO. 04-24

INSTRUCTIONS TO PROPOSERS

1.0 EXAMINATIONS OF SPECIFICATIONS. Carefully examine the “Instructions to

Proposers,” “Specifications,” “Proposal” and draft Agreement, all as herein set forth. It

is assumed by the City that the proposer has thoroughly investigated and is amenable

as to said conditions and requirements addressed in these parts.

2.0 PROPOSAL SUBMISSION. Proposals must be submitted on the proposal form

and accompany all other required documentation and submittals. Proposals received

after the deadline will not be accepted or considered. Proposal forms must be

completed in full, signed, dated and all required documentation must be included with

the proposal. No faxed or other electronically communicated proposals will be

accepted or considered.

3.0 PROPOSAL PRICES. Proposals are in one (1) lump sum. There is a lump

sum proposal for a twenty-five (25) minute show only with the starting time fixed at

9:30 p.m. unless circumstances beyond the City’s or Contractor’s control are

experienced. In these instances, the City of Kenosha solely will determine if the event

is suspended for a minimal duration, or canceled and rescheduled until the subsequent

night. The decision to reschedule or cancel the annual display if the alternative night is

impacted by instances beyond anyone’s control, would be the responsibility of the

authorized representatives of the City of Kenosha.

4.0 TRANSPORTATION CHARGES. The City will assume that no transportation or

handling charges, other than what is specified in the proposal, is a component of the

service’s cost.

5.0 PAYMENT. Payment will be made annually in one (1) lump sum within thirty

(30) days of receipt of invoice after completion of all contracted work and obligation.

Any remaining and/or unfired shells will be deducted from the total cost of the

performance and from the payment owed as set forth in Section 5 of the Agreement

entitled, "Compensation."

6.0 CONTRACT AWARD. Each Proposal and recommended display program will

be reviewed by City Administration and compared on the basis of 1) the services/

program falling within the budgetary allocation, 2) the overall experience of the

pyrotechnic firm and its staff responsible, 3) firm references from other clientele with

commensurate display and budgetary requirements, 4) the firm's ability to meet

required insurance limits set forth by the City of Kenosha, 5) the overall ability of the

firm to meet the contractual requirements of the City of Kenosha. The award of

Agreement is subject to the availability of the requisite funding for the event.

7.0 INSURANCE. Contractor shall procure and maintain, during this Agreement,

insurance policies as hereafter specified to insure against all risk and loss for all

services provided herein by Contractor.

The General Commercial Liability policy shall cover all claims, damages, suits,

injuries or expenses incurred as a result of any negligent act or omission of any

employee, independent contractor or agent of Contractor, as well as any defect or

problem with any fireworks supplied or displayed by Contractor. The policies must

be issued by an insurance company or companies licensed to do business in the

State of Wisconsin, having a minimum AM Best Rating of A-. Said insurance policy

shall provide policy language or endorsements in a form acceptable to City,

providing (a) the City is an additional insured; (b) that it is primary and

noncontributory; and (c) contractual liability to cover claims arising out of the

Indemnity provision of this Agreement. Contractor shall upon execution of this

Agreement, and annually thereafter, furnish the City Finance Director with a

Certificate of Insurance indicating compliance with this Section 6, and proof of

payment of premium to the City's Finance Director for approval. Contractor shall

also annually provide, in a form satisfactory to the City, a copy of the requisite policy

language or endorsements. The insurance policy or policies shall contain a clause

that in the event that any policy issued is canceled for any reason, or any material

changes are made therein, the City's Finance Director will be notified, in writing, by

the insurer at least thirty (30) days before any cancellation or change takes effect. A

material change shall include, but is not limited to, a change in policy amount,

coverage or status of the insurer. Contractor shall provide a copy of the

endorsement or pertinent portion of the policy providing for such notice to be given

to the City. If for any reason, the insurance coverage required herein lapses and/or

Contractor fails to maintain insurance coverage, City may declare this Agreement

null and void as of the date no valid insurance policy was in effect. Should

Contractor fail to furnish, deliver and maintain such insurance coverage, City may

obtain such insurance coverage and charge Contractor the cost of such insurance

coverage plus all appropriate administrative charges and incidental expenses

associated with the transaction.

Failure of Contractor to take out and/or maintain the required insurance shall not

relieve Contractor from any liability under this Agreement. The insurance

requirement shall not be construed to conflict with the obligations of Contractor in

Section 7 of this Agreement. Contractor shall maintain during the course of this

Agreement, insurance with minimum limits as follows:

a. General Commercial Liability

1. Bodily Injury:

$ 5,000,000.00, Each Occurrence

$ 5,000,000.00, Aggregate

b. Property Damage:

$ 2,000,000.00, Each Occurrence

$ 2,000,000.00, Aggregate

c. Automobile Liability (owned, non-owned, leased)

$ 1,000,000.00, combined single limit

d. Umbrella Liability

$5,000,000 over primary coverage.

e. Worker's Compensation: Statutory Limits.

Limits different from those set forth herein must be acceptable to City.

8.0 INDEMNIFICATION. Contractor shall indemnify and hold harmless City, and

its officers and employees from and against all suits, claims, losses, damages,

liabilities or other obligations, whether in tort, contract or otherwise, resulting from

Contractor's own negligence or Contractor's failure to perform or observe any of the

terms, covenants and conditions of this Agreement.

City shall indemnify and hold harmless Contractor and its officers and employees from

and against all suits, claims, losses, damages, liabilities or other obligations, whether in

tort, contract or otherwise, resulting from City's own negligence or City's failure to

perform or observe any of the terms, covenants and conditions of this Agreement.

City's indemnity obligation in this paragraph is subject to all statutory limitations on

claims against City including, but not limited to, notice; any statutory caps on damages;

immunity for acts done in the exercise of legislative, quasi-legislative, judicial or

quasi-judicial functions; and the immunity from punitive damages.

9.0 INQUIRIES. Questions regarding general conditions, scope of work, dates,

times, locations, site cleanup, coordination of site visits, and other logistics should be

directed to Kris Kochman, Community Relations Liaison at (262) 653-4177. Questions

regarding the proposal process should be directed to Lemuel Gomez, Purchasing

Coordinator at (262) 653-4180.

CITY OF KENOSHA

FIREWORK DISPLAYS

PROPOSAL NO. 04-24

SPECIFICATIONS

I.0 GENERAL PROVISIONS.

1.1 Furnish all labor, material(s), fire protection and equipment to provide an aerial

pyrotechnic fireworks display on July 4, 2025; July 4, 2026, and July 4, 2027,

commencing no earlier than 9:30 P.M. and no later than 9:40 P.M., unless

circumstances necessitating a delay are beyond the City of Kenosha’s or

pyrotechnic contractor’s control.

1.2 The fireworks display will not be coordinated with music.

1.3 The City will provide snow fence, other requisite materials and labor to install

such fencing and barriers at the restricted site.

1.4 The City shall be responsible for the security around the restricted site that will

be cordoned off.

1.5. The City will supply portable toilet and washing facilities for the contractor, its

employees, City employees and the general public.

1.6 Pyrotechnic contractors are required to arrange a visit to the site. Coordinate

the on-site visit with Community Relations Liaison Kris Kochman at (262) 653-

4177.

1.7 A breakdown of a typical aerial pyrotechnic display should be included with the

respondent's submittal and shall include an itemization of the shell quantity,

shell size, shell type, and shell company for each stage of the display, i.e. 1) for

the display’s Grand Opening, 2) the Aerial Show and 3) the Grand Finale with

an estimated time frame for each part.

1.8 Pyrotechnic firms are required to provide a DVD presentation of a past

pyrotechnic display of a commensurate nature, to assist the City of Kenosha in

making a selection.

1.9 Code of General Ordinances for the City of Kenosha regarding firework displays

is included herein for review.

1.10 The successful pyrotechnic contractor shall obtain and pay all permits and

licenses required by the City and any other governmental authority identified in

the agreement.

1.11 The successful pyrotechnic contractor shall provide fire extinguishers and all

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