HomeMy WebLinkAboutresolution.council.123-17 RESOLUTION # 123
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND WESTERN ENTERPRISES, INC. AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
New Year's Eve Fireworks between the City of Aspen and Western Enterprises,
Inc a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for, New Year's Eve Fireworks between the City of Aspen and Western
Enterprises, Inc. a copy of which is annexed hereto and incorporated herein, and
-does hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 25th day of September, 2017.
oe
Steven Skadon, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held September 25, 2017.
r
LIM(
'Linda Manning, City Cle k
FIREWORKS PRODUCTION CONTRACT
I. This Contract is entered into this 25 day of C/ 20 1 �by and between WESTERN
ENTERPRISES, INC., designated herein as the "SELLER",and CITY OF ASPEN,COLORADO, designated herein as
the "PURCHASER" for two (2) fireworks productions (one at 8:00pm and one at 12:00 midnight) to be held on
DECEMBER 3l,2017.
2. SELLER will secure, prepare and deliver said fireworks as outlined, or will make necessary substitutions of equal or
greater value. SELLER will include the services of a Pyrotechnic Operator to take charge of, set up and fire the display,
along with such help as he deems necessary to perform the fireworks display safely, and in accordance with such Federal,
State or Local laws that might be applicable.
3. SELLER agrees that the Operator and Assistant(s) are to check the display area after the presentation of the fireworks
display for any "duds" or other material, which might not have ignited. Any such material, found by any person other than
the Operator, shall be turned over to the Operator for safekeeping or disposal of said material.
4. PURCHASER will furnish the secured minimum safety distances established by the SELLER after an on-site inspection
of the proposed firing location. PURCHASER will provide adequate police protection and/or other adequate security to
maintain these distances. PURCHASER also agrees to have a fire truck available on location during the display.
5. A Certificate of Insurance covering the fireworks display will be provided by the SELLER upon signing of the contract,
for coverage in the amount of FIVE MILLION DOLLARS ($5,000,000.00) broad form, bodily injury and property
damage liability, Statutory Workers Compensation Coverage, Comprehensive Automobile Liability in the amount of FIVE
MILLION DOLLARS ($5,000,000.00) Combined Single Limit. PURCHASER agrees to provide a complete list of all
additional insureds to be named on the certificate.
6. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of TWENTY-EIGHT
THOUSAND DOLLARS ($28,000.00) to be paid as follows; Forty percent deposit ($11,200.00) with signed contract and
the remainder($16,800.00)within fifteen (15) days after the date of the display. Unpaid accounts are subject to one percent
(1%)interest charge per month after fifteen days.
7. In the event of inclement weather or other adverse conditions, so as to cause postponement of the display it is agreed and
understood that PURCHASER will notify SELLER regarding the postponement date, normally the following night, or at
some future date within the calendar year. If the PURCHASER will not re-schedule the display within the calendar year,or
completely cancels the display, the PURCHASER agrees to surrender the deposit amount of($11,200.00)to the SELLER.
It is understood and agreed that SELLER shall be solely responsible for failure of the perfonnance of the fireworks display
for any reason under SELLERS control.
Witness whereof,we have caused our signatures to be affixed to this Document, on this 2E3 day of
t
MEL—
WESTERN
0LWESTERN ENTERPRISES,INC. CITY OF ASPEN
SELLER PURCHASER
BY: BY:
authorized agent authorized agent
FIREWORKS PRODUCTION CONTRACT
1. This Contract is entered into this day of LI/ , 20 , by and between WESTERN
ENTERPRISES,INC., designated herein as the "SELLER",a d CITY OF ASPEN, COLORADO,designated herein as
the "PURCHASER" for two (2) fireworks productions (one at 8:00pm and one at 12:00 midnight) to be held on
DECEMBER 31,2017.
2. SELLER will secure, prepare and deliver said fireworks as outlined, or will make necessary substitutions of equal or
greater value. SELLER will include the services of a Pyrotechnic Operator to take charge of, set up and fire the display,
along with such help as he deems necessary to perform the fireworks display safely, and in accordance with such Federal,
State or Local laws that might be applicable.
3. SELLER agrees that the Operator and Assistant(s) are to check the display area after the presentation of the fireworks
display for any "duds" or other material, which might not have ignited. Any such material, found by any person other than
the Operator,shall be turned over to the Operator for safekeeping or disposal of said material.
4. PURCHASER will furnish the secured minimum safety distances established by the SELLER after an on-site inspection
of the proposed firing location. PURCHASER will provide adequate police protection and/or other adequate security to
maintain these distances. PURCHASER also agrees to have a fire truck available on location during the display.
5. A Certificate of Insurance covering the fireworks display will be provided by the SELLER upon signing of the contract,
for coverage in the amount of FIVE MILLION DOLLARS ($5,000,000.00) broad form, bodily injury and property
damage liability, Statutory Workers Compensation Coverage, Comprehensive Automobile Liability in the amount of FIVE
MILLION DOLLARS ($5,000,000.00) Combined Single Limit. PURCHASER agrees to provide a complete list of all
additional insureds to be named on the certificate.
6. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of TWENTY-EIGHT
THOUSAND DOLLARS ($28,000.00) to be paid as follows; Forty percent deposit($11,200.00) with signed contract and
the remainder($16,800.00)within fifteen(15)days after the date of the display. Unpaid accounts are subject to one percent
(1%) interest charge per month after fifteen days.
7. In the event of inclement weather or other adverse conditions, so as to cause postponement of the display it is agreed and
understood that PURCHASER will notify SELLER regarding the postponement date, normally the following night, or at
some future date within the calendar year. If the PURCHASER will not re-schedule the display within the calendar year, or
completely cancels the display,the PURCHASER agrees to surrender the deposit amount of($11,200.00)to the SELLER.
It is understood and agreed that SELLER shall be solely responsible for failure of the performance of the fireworks display
for any reason under SELLERS control.
8. Witness whereof,we have caused aur signatures to be affixed to this Document, on this day of
20
WESTERN ENTERPRISES C. CITY OF ASPEN
SELL PURCHASER
BY: BY:
a orized agent authorized agent
MOT MAN
ENTERPRISES..INC.
August 23,2017 ,
CITY OF ASPEN Ms. Sandra Doebler
ASPEN, COLORADO City of Aspen, Special Events
DECEMBER 31,2017 130 S. Galena
Aspen, CO 81611
970-429-2093 (work)
* * *PYROTECHNIC PRODUCTION
As a beginning declaration, this program proposal comprises a detailed listing of the very best pyrotechnic
devices and aerial shells available anywhere. All ideas, concepts and itemized product listing are deemed
confidential, intended solely for the client's review, and should not be disseminated to anyone other than
the client.
Western Enterprises, Inc. is honored to have the opportunity to submit this pyrotechnic production program
for the 2017 CITY OFASPEN NEW YEAR'S EVE Fireworks Spectacular! We understand the
importance of this significant event to your event and we can assure you that Western Enterprises, Inc. is
committed to staging an evening of pyrotechnic "magic" for your audience.
Western Enterprises, Inc. is committed to provide our clientele with the highest quality pyrotechnic products
in our entire industry. We are proud to be able to produce our own very unique line of special-made designer
shells in our productions, and from our personal trips to China we have acquired some truly magical
pyrotechnic effects that we are excited about integrating them together in your performance for this year.
Having provided you with the above information, we would like to confirm several elements that are
important to your production.
1. PLANNING CONSIDERATIONS. The following factors must be considered to assure the success of
this production.
a. Duration. There are two (2) performances for New Year's Eve. The first performance at 8:00pm
will last approximately 15-minutes in duration, and the second performance at 12:00 midnight will
last approximately 7 minutes in length.
It. Musical Accompaniment. These performances are NOT scheduled to be staged and produced to a
special musical score.
TO: MS. SANDRA DOEBLER
EVENT: ASPEN NEW YEAR'S EVE
DATE: DECEMBER 31, 2017
PAGE: TWO
c. Permits. All permits, clearances and other documentation regarding the pyrotechnics need to be in
collaboration with the PURCHASER (City of Aspen), the SELLER (Western Enterprises, Inc.) and
the ASPEN FIRE AUTHORITY.
d. Preliminary Meetings. Initial discussions have been conducted between Sandra Doebler and Jim
Burnett to discuss the logistical and safety elements that are important to the conduct of this display.
The pyrotechnic operator in charge of handling the firing of the fireworks for Western Enterprises,
Inc will communicate with Tim Cottrell and Aspen Mountain Operations managers to coordinate the
timing of the "load-in, firing and load-out" of the equipment and fireworks.
e. Labor. Western Enterprises, Inc. will provide all necessary personnel to handle the "load-in,
firing and load-out" of this pyrotechnic production.
f. Security. It is the responsibility of the Sponsor to provide the necessary personnel and barriers
(rope, fencing, etc.) with which to secure the designated display site. This display site must be
void of all spectators and automobiles.
g. Insurance. Western Enterprises, Inc. will provide the following insurance Coverage for your
event: (1) $5,000,000 Fireworks liability insurance coverage (Includes all "Additional Insureds"),
(2) Colorado Worker's Compensation coverage on all Western Enterprises, Inc. technicians and
(3) $5,000,000 liability coverage on all vehicles hauling explosives.
2. GENERAL OVERVIEW OF PERFORMANCE. Your program includes a wide variety of
pyrotechnic aerial shells from around the world. And we are very proud to include some of our own
Special-Made Competition Shells that we have showcased in various International Fireworks
Competitions and also at Disney World.
Your performance will begin with a barrage of"Heavy Reporting Bombs"to announce the opening of the
performance; after which there will be a pause and then your display will be fired in its entirety. As your
fireworks display draws to its conclusion, your "GRAND AERIAL FINALE" will be the most dramatic
portion of the entire performance. It will begin with a barrage of Red Flower Shells, followed by a barrage
of Blue Flower Shells, followed by a barrage of luxurious cascading Golden Brocade Kimuro Mums and
ultimately finishes with a tremendous barrage of Heavy Reporting Bombs which brings a thrilling conclusion
to the 2017ASPENNEW YEAR'S EVE Fireworks Spectacular!
"The Sky provides the Pyrotechnician's canvas and our art form is expressed
by how we portray ourselves in the stars"
TO: MS. SANDRA DOEBLER
EVENT: ASPEN NEW YEAR'S EVE
DATE: DECEMBER 31, 2017
PAGE: THREE
ITEMIZED PRODUCT LISTING
SPECIAL EFFECT BARRAGES
3 - 100-SHOT WATERFALL MINE W/BLUE TIP BARRAGE (Golden silk Brocade threads propel
into the air and cascade over in blue tips)
3 - 100-SHOT "Zipper" BROCADE CROWN W/GREEN STROBE BARRAGE (Brocade Crown
Comets w/Green strobe flowers)
2 - 100-SHOT BROCADE AERIAL MINE BARRAGE (Brocade Flowers in fan pattern)
2 - 210-SHOT "Zipper" SILVER RHYME OF DANCING BARRAGE (Green and Gold Comets
weave back and forth across the sky)
2 - 100-SHOT CRACKLING SILVER "ZIPPER" BARRAGES (Silver Crackling Comets)
OPENING SHELLS (24 Shells)
20—3" SALUTES (2—10/3" Salute Chain, used for"Opening Announcement Bombs")
2 —5" SILVER CROWN KIMURO SHELLS (Fired with Salutes for"Opening Announcement
Shells")
2—6" SILVER CROWN KIMURO SHELLS (Fired with Salutes for"Opening Announcement
Shells")
GRAND AERIAL FINALES
90—3" RED FLOWER SHELLS (9 - 10/3" Red Flower Chains)
10—4" RED FLOWER SHELLS (2 —5/4" Red Flower Chain)
90—3" BROCADE FLOWER SHELLS (9- 10/3" Gold Flower Chains)
10—4" BROCADE FLOWER SHELLS (2—5/4" Gold Flower Chains)
1 —6" BROCADE FLOWER SHELLS (1 —6" Brocade Silk Shells)
1 —8" BROCADE FLOWER SHELL (1 —8" Brocade Silk Shell)
TO: MS. SANDRA DOEBLER
EVENT: ASPEN NEW YEAR'S EVE
DATE: DECEMBER 31,2017
PAGE: FOUR
GRAND AERIAL FINALES (continued)
90—3" BLUE FLOWER SHELLS (9— 10/3" Blue Flower Chains)
10—4" BLUE FLOWER SHELLS (2—5/4" Blue Flower Chain)
20—3" SALUTE SHELLS (2 - 10/3" Salute Chains)
200— I" SALUTES (2— 100-Shot Home Run Salute Barrages, fired with Salutes above in sequence to
conclude display)
THREE INCH SHELLS (300 Shells)
35 - COLOR& FANCY STAR SHELLS (Consisting of Ruby, Blue, Emerald, Pearl, Yellow&
Purple with Titanium Twinklers &Aluminum Flitters)
100 - ORIENTAL FLOWER PATTERNS (Consisting of: Chrysanthemum, Peonies & Dahlias)
15 - SPECIAL SHELLS (Consisting of. Whistles, Silver Wasps, Serpents, Fish, Gold& Silver
Whirls, Diamond Screamers, etc.)
35 - PATTERN SHELLS (Consisting of. Rings, Spider Webs, Willows)
35—PATRIOTIC DESIGNER SHELLS (Consisting o!: Red & Blue Criss-Cross,
Ruby& Sapphire Meteor, Red Magnesium Crackling Meteors;
Blue Magnesium Crackling Meteors, Blue w/White Strobe core,
Red w/White Strobe core, etc.)
35—NEW PATTERN SHELLS (Consisting o{i Poinsettia Multi-Color w/rising tail.
Silver Wave Sunflower Ring \v/Turquoise,pistil w/silver tail,
Bowtie wh•ed ring, Thousand Butterflies. and Orange and Purple
Strobing Stars Brocade Ring w/purple pistils, etc.)
25—NEW PASTEL EFFECT SHELLS (Consisting o(: Cyan Peony,w/Lemon Pistils, Cyah Peony
w/Peach pistils, Lemon Chrys w/cyan pistils, Magenta Chrys w/aqua .
pistils, Magenta Chrys whourquoise pistils, and Orange Chrys
w/magenta pistils, etc.)
TO: MS. SANDRA DOEBLER
EVENT: ASPEN NEW YEAR'S EVE
DATE: DECEMBER 31,2017
PAGE: FIVE
THREE INCH SHELLS (continued)
20—SPECIAL-MADE COMPETITION SHELLS (Consisting o/ Long duration Color-Changing
Willows, Golden Silk Brocades, Silver Crown Kimuros, Color-changing Plumes,
Long burning Solid color and Pastel color Octopus, Color Strobe Plumes, Pixie Dust
Willows w/variegated pistils, Pastel-Color Plumes, Variegated Coconut Shells)
FOUR INCH SHELLS (200 Shells)
35-COLOR& FANCY STAR SHELLS (Consisting of Ruby, Blue, Emerald, Pearl, Yellow&
Purple with Titanium Twinklers &Aluminum Flitters)
70- ORIENTAL FLOWER PATTERNS (Consisting of: Chrysanthemum, Peonies & Dahlias)
35- PATTERN SHELLS (Consisting of Rings, Spider Webs, Willows)
30—PATRIOTIC DESIGNER SHELLS (Consisting of: Red & Blue Criss-Cross,
Ruby& Sapphire Meteor, Red Magnesium Crackling Meteors, -
Blue Magnesium Crackling Meteors, Blue w/White Strobe core,
Red w/White Strobe core, etc.)
30—NEW PATTERN SHELLS (Consisting o/i Poinsettia Multi-Color w/rising tail,
Silver Wave Sunflower Ring w/Turquoise pistil w/silver tail,
Bowtie w/red ring, Thousand Butterflies, and Orange and Purple
Strobing Stars Brocade Ring w/purple pistils, etc.)
FIVE INCH SHELLS (125 Shells)
25 - COLOR& FANCY STAR SHELLS (Consisting of Ruby, Blue, Emerald, Pearl, Yellow&
Purple with Titanium Twinklers &Aluminum Hitters)
50 - ORIENTAL FLOWER PATTERNS (Consisting of Chrysanthemum, Peonies & Dahlias)
15 -PATTERN SHELLS (Consisting of. Rings, Spider Webs, Willows)
15—PATRIOTIC DESIGNER SHELLS (Consisting o(: Red Bees, Blue Bees, Blue Criss-Cross,
Ruby & Sapphire Meteor, Red Magnesium Crackling Meteors,
Blue Magnesium Crackling Meteors, Blue w/White Strobe core, Red w/core, etc)
TO: MS. SANDRA DOEBLER
EVENT: ASPEN NEW YEAR'S EVE
DATE: DECEMBER 31, 2017
PAGE: SIX
FIVE INCH SHELLS (continued)
10— NEW PATTERN SHELLS (Consisting of.' Poinsettia Multi-Color w/rising tail,
Silver Wave Sunflower Ring w/Turquoise pistil w/silver tail,
Bowtie w/red ring, Thousand Butterflies, and Orange and Purple
Strobing Stars Brocade Ring w/purple pistils, etc.)
10—SPECIAL-MADE COMPETITION SHELLS (Consisting of: Long duration Color-Changing
Willows, Golden Silk Brocades, Silver Crown Kimuros, Color-changing Plumes,
Long burning Solid color and Pastel color Octopus, Color Strobe Plumes, Pixie Dust
Willows w/variegated pistils, Pastel-Color Plumes, Variegated Coconut Shells)
SIX INCH SHELLS (50 Shells)
12 -COLOR& FANCY STAR SHELLS (Consisting of: Ruby, Blue, Emerald, Pearl, Yellow&
Purple with Titanium Twinklers & Aluminum Flitters)
14-ORIENTAL FLOWER PATTERNS (Consisting of Chrysanthemum, Peonies & Dahlias)
12 :PATTERN SHELLS (Consisting of. Rings, Spider Webs, Willows)
12—PATRIOTIC DESIGNER SHELLS (Consisting of: Red & Blue Criss-Cross,
Ruby& Sapphire Meteor, Red Magnesium Crackling Meteors,
Blue Magnesium Crackling Meteors, Blue w/White Strobe core,
Red w/White Strobe core, etc.)
EIGHT INCH SHELLS (15 Shells)
S—NEW PATTERN SHELLS (Consisting of.' Poinsettia Multi-Color w/rising tail,
Silver Wave Sunflower Ring w/Turquoise pistil w/silver tail,
Bowtie w/red ring, Thousand Butterflies. and Orange and Purple
Strobing Stars Brocade Ring w/purple pistils, etc.)
7 -ORIENTAL FLOWER PATTERNS (Consisting of: Chrysanthemum, Peonies & Dahlias)
TO: MS. SANDRA DOEBLER
EVENT: ASPEN NEW YEAR'S EVE
DATE: DECEMBER 31,2017
PAGE: SEVEN
INSURANCE ON DISPLAY
$5,000,000 Fireworks Liability Coverage for Broad Form, Contractual, Bodily Injury
& Property Damage (additional insureds included)
Colorado Worker's Compensation Coverage on technicians (statutory limits)
MATERIALS & EQUIPMENT
All mortars, racks and other equipment are provided on loan-basis and are the property of Western
Enterprises, Inc.
300-SHOT FIRING SYSTEM (COMPLETE)
180-SHOT FIRING SYSTEM (with 6 rails and 6 cables)
TOTAL CONTRACT PRICE-- - - $28,000.00