Fireworks Show for the Annual 3rd of July Celebration.pdf

CITY OF ORANGE

COMMUNITY & LIBRARY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274

FIREWORKS SHOW FOR THE ANNUAL 3RD OF JULY CELEBRATION

REQUEST FOR PROPOSALS (RFP) NO. 26-27.07

PROPOSALS DUE: OCTOBER 27, 2026

TIME: 2:00 PM

The documents contained in this Request for Proposals document are considered to be the invitation and not the full final representation of the documents needed to submit a successful response to the proposal described herein.

Interested proposers should subscribe to receive proposal updates and notifications via the City’s website at:

https://public.govdelivery.com/accounts/CACITYORANGE/subscriber/new as well as emailing CommServBids@cityoforange.org to be added to the contact list for this specific proposal list in order to receive emailed updates of any revised/additional information and addenda.

It is the responsibility of the interested proposer to request to be added to the proposal list and to check the website frequently to look for any additional updates.

Project Name: Fireworks Show for the Annual 3rd of July Celebration

Location Address: 368 North Prospect Street, Orange, CA 92869

Contact: Emily Bustamante, Assistant Community Services Director

Phone: 714- 744-7287 (office)

INDEX

# SECTION TITLE DESCRIPTION PAGE #

1 NOTICE INVITING REQUEST FOR PROPOSALS LEGAL NOTICE 2

2 REQUEST FOR PROPOSALS DOCUMENT RFP DESCRIPTION, SCOPE, ETC. 3-10

3 ATTACHMENT A FEE PROPOSAL SUMMARY 11

4 ATTACHMENT A-2 DETAILED FEE PROPOSAL (EXAMPLE) 12-13

5 ATTACHMENT A-3

FIREWORK SPECIFICATIONS, EVENT

SYSNOPSIS & SITE MAP 14-18

6 ATTACHMENT B SAMPLE AGREEMENT 19-27

7 ATTACHMENT C SUPPLEMENTAL PROPOSAL FORMS 28-34

8 ATTACHMENT D SAMPLE LIABILITY INSURANCE 35-36

https://public.govdelivery.com/accounts/CACITYORANGE/subscriber/new mailto:CommServBids@cityoforange.org

NOTICE INVITING PROPOSALS

PROPOSAL NO. 26-27.07

Proposers are being invited under our Request for Proposal No. 26-27.07 Fireworks Show for the Annual 3rd of July Celebration, in accordance with proposal forms and scope of services available at RFP Posts List | City of Orange, CA. Interested proposers should subscribe to receive proposal updates and notifications via the City’s website at:

https://public.govdelivery.com/accounts/CACITYORANGE/subscriber/new. For assistance with downloading, email CommServBids@cityoforange.org. Hard copies are not available.

Proposals must be received by 2:00 p.m., October 27, 2026 (Tuesday) by one of the following options: Option 1: City Clerk's Office, City of Orange, 300 E. Chapman Avenue. Option 2:

Electronic Proposals may be submitted through the following link at Electronic Bid Submissions and must include all required attachments listed in the Request for Proposals document.

All proposals are intended to be presented to the City Council, if required, on or after January 12, 2027 (Tuesday). The City reserves the right to reject any and all proposals and any item or items therein, and to waive any nonconformity of proposals with this Notice Inviting Proposals, whether of a technical or substantive nature, as the interest of the City may require.

Please note a pre-proposal job walk is scheduled for October 13, 2026, at 11:00 a.m.

(Tuesday). Please arrive to 368 North Prospect Street, Orange, CA 92869, to participate.

Attendance is not mandatory but strongly encouraged and will allow proposers to see the proposal site and ask questions. Answers to submitted questions will be provided in an addendum. No questions or requests for information (RFI) will be accepted after 2:00 p.m., October 15, 2026 (Thursday). Questions may be sent via e-mail to CommServBids@cityoforange.org.

Community & Library Services Department

230 East Chapman Avenue

Orange, California 92866-1591

(714) 744-7274

PUBLISHED “ORANGE CITY NEWS”:

October 1, 2026

October 8, 2026 https://www.cityoforange.org/our-city/departments/finance/purchasing-and-accounts-payable/rfp-posts-list https://public.govdelivery.com/accounts/CACITYORANGE/subscriber/new mailto:CommServBids@cityoforange.org https://orangeca.seamlessdocs.com/f/RequestforBidandrequestforproposalsubmittalform https://orangeca.seamlessdocs.com/f/RequestforBidandrequestforproposalsubmittalform

INTRODUCTION:

The City of Orange, a municipal corporation (the “City”), is issuing a Request For Proposals (RFP) from qualified companies (“contractors,” “proposers,” and/or “vendors”) to provide all materials, tools and equipment and to furnish all of the personnel necessary to provide production of a pyrotechnic Fireworks show. In addition to the production of the show, the scope of services will include providing accompanying music files, staging/ set-up of fireworks display, and operation and take down of the fireworks show at the City’s Annual 3rd of July Celebration at Grijalva Park.

TIMELINE (APPROXIMATE):

1. Pre-Proposal Job walk: October 13, 2026 at 11:00 AM

2. Deadline for questions: October 15, 2026 by 2:00 PM

3. Proposals due: October 27, 2026 by 2:00 PM

4. Presentation to City Council (if required): January 12, 2027

5. Notice to Proceed: TBD

PROPOSAL SUBMISSION AND QUESTIONS:

Provide response to the REQUEST FOR PROPOSALS (RFP) including complete proposal packet and fee proposal which is to be submitted in a separate sealed envelope.

Please email any questions you may have to CommServBids@cityoforange.org. on or before Thursday, October 15, 2026 by 2:00 PM

Proposals must be received by Tuesday, October 27, 2026, at 2:00 P.M. at the City of

Orange City Clerk’s Office 300 E. Chapman Ave., Orange, CA 92866. Responses may be sent via U.S. Mail or delivered personally to the above address. Please provide three

(3) copies of proposal packets and a separate sealed cost proposal.

PROPOSAL PACKETS MUST BE LABELLED APPROPRIATELY:

RFP 26-27.07 – FIREWORKS SHOW FOR THE ANNUAL 3RD OF JULY CELEBRATION

Attn: City of Orange, City Clerk’s Office

Electronic Proposals must also be received by Tuesday, October 27, 2026, at 2:00 P.M., titled appropriately as noted above, must be submitted through the following link at Electronic Bid

Submissions and must include all required attachments listed in the Request for Proposals document.

The City reserves the right to reject any and all proposals and any item or items therein, and to waive any non-conformity of proposals with this RFP, whether of a technical or substantive nature, as the interest of the City may require.

PROJECT DESCRIPTION:

The City is soliciting proposals from qualified contractors to provide all materials, equipment, and personnel necessary for the production of a pyrotechnic fireworks show for the City’s annual 3rd of July Celebration at Grijalva Park. The scope of services will include the production and operation of the fireworks show, accompanying music files, staging and set-up, and all necessary take-down and site restoration and clean-up from fallout following the event. The project is intended to provide a safe, professional, and high-quality fireworks presentation that serves as a signature component of the City’s annual community celebration. This show will be provided for the City of Orange's viewing public who will attend the event at the park.

GENERAL PROVISIONS:

1. A job walk has been scheduled for Tuesday, October 13, 2026 at 11:00 A.M. at Grijalva Park, 368 N Prospect St, Orange, CA 92869

2. The successful consultant shall, at all times, carry valid insurance, which meets all City of Orange insurance requirements as outlined in RFP.

3. If applicable, all work shall comply with the City of Orange Public Works Standard Plans and Specifications “Orange Book”, the current edition of the Standard Specifications for Public Works Construction “Green Book,” the City of Orange Landscape Standards and Specifications, and County of Orange requirements.

4. If applicable, the successful firm shall pay prevailing wages per the current Department of Industrial Relations wage rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.

5. Based on the proposal packet submitted, the Selection Committee will make a final determination and issue a Notice of Intent to Award to the selected Consultant Firm. Upon issuance, the City and Consultant will enter into an agreement, pending City Council Approval.

6. The City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers during its review and evaluation of proposals submitted for consideration.

7. Should an agreement be awarded, this RFP and its attachments, the Scope of Work, and all conditions may become part of the agreement between the City of Orange and the successful Proposer.

8. Should an agreement be awarded, the Contractor’s final proposal, schedule, and fee may become part of the agreement between the City of Orange and the successful Contractor.

9. If there is reason to believe that collusion exists among the proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any proposer is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a proposer is interested. If there is reason to believe that collusion exists among proposers, the City may refuse to consider proposals from participants in such collusion.

10. Should the City make an award, the successful proposer will enter into a non-exclusive Professional Services Agreement, and the City reserves the right to enter into agreements with other firms or consultants for the services listed in this RFP.

11. Proposal must be valid for a period of 180 calendar days from the due date and may be extended by written authorization from the proposer.

12. Proposers’ authorized representative may withdraw proposals only by written request received by the City’s project manager before the Proposal Submittal Deadline.

13. The City may cancel this solicitation for proposals at any time.

All data, documents and other products used or developed during the RFP process become the property of the City upon submission.

SCOPE OF SERVICES:

This scope of services section is supplemented by Attachment A-3.

City Duties

1. City, at its own expense, shall provide:

• A suitable fireworks display site reasonably acceptable to Contractor in which to stage the pyrotechnic/fireworks display (“Display”), including a firing and fallout safety zone reasonably acceptable to Contractor, in which fireworks and fireworks debris may be exhibited, rise and fall safely. It is anticipated that the Display shall take place at Grijalva Park, on a site designated by City (“Display Site”).

• Site subject to change due to availability. City to provide Contractor three-month notice of change of venue

• Adequate policing, guard protection, roping, fencing (for the larger park site) and/or other crowd control and security measures, including law enforcement, fire, health and other public safety services, including on-site security for any time that pyrotechnic equipment or product is unattended by Contractor, to prevent the access of the public or its property or any other people or property not authorized by Contractor into the Display Site;

• The services and cost of standby fire personnel (if any) and/or any applicable permit fees as required by local statutes, ordinances, rules or regulations;

• All necessary on-site labor not provided or performed by Contractor including, but not limited to, stagehands, electricians, fire control monitors, and cleanup crew.

City shall ensure that a skilled maintenance worker is available on-site.

• A professional grade audio system, including all necessary equipment, installation of such equipment, and trained audio technicians for system operation based on audio and communications requirements provided by Contractor.

• Adequate work light, dumpster accessibility, a secure office for within the Display Site, secure parking for Contractor vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, and access to the Display Site.

2. City shall provide Contractor with access to the Display Site to set up the Display at all reasonable times.

3. If City designates an area for members of the public to view the Display (“Spectator Area”) and/or an area for vehicular parking (“Parking Area”), City shall:

• Ensure that the Spectator Area does not infringe on the Display Site;

• Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers, are safe for use by spectators;

• Have sole responsibility for ensuring that the Parking Area is safe for use; and

• Have sole responsibility to police, monitor, and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas.

4. City shall assume the risk of weather, or other causes beyond Contractor’s control, which may prevent the Display from being safely discharged on the scheduled date, which may cause the cancellation of the Display on the scheduled date, or which may affect or damage such portion of the fireworks and/or equipment as must be placed and exposed a necessary time before the Display. It shall be within Contractor's sole discretion to determine whether or not the Display may be safely discharged on the scheduled date and at the scheduled time. If, for any reason beyond Contractor's control, including, without limitation, inclement weather, Contractor is unable to safely discharge the Display on the scheduled date or should any event for which CITY has purchased the Display be canceled, the parties shall attempt to negotiate a new Display date, which shall be within 60 days of the original Display date, it being understood that CITY will be required to pay Contractor for any additional reasonable expenses made necessary by this postponement provided the parties are otherwise able to negotiate a new Display date. If the parties are unable to agree on a new Display date, Contractor shall be entitled to liquidated damages from CITY as if CITY had canceled the Display in accordance with paragraph 6 of the Agreement.

Contractor Duties

1. Contractor shall supply all pyrotechnic equipment, trained pyrotechnicians, shipping and pyrotechnic product. Contractor shall not ship pyrotechnic product to Display Site for any production other than City’s.

2. Contractor shall consult and meet with the appropriate City departments, including the Police and Fire Departments, not later than fourteen (14) days prior to the date of the Display regarding the following:

• The services to be provided at the Display Site and surrounding areas by Contractor for the Display and the area needed for the Display Site and any other matters necessary or convenient for the staging of the Display;

• All law enforcement, fire, health and other public safety services and facilities required to be provided by City, which Contractor deems necessary or convenient to the staging of the Display.

3. Contractor shall COMPLETE set up no later than 4:00 pm on the date of the Display and shall ensure reasonably acceptable times for the necessary inspections and for the continuity checks prior to commencing the Display.

4. At least thirty (30) days prior to the Display date, Contractor shall provide City with the musical soundtrack for the Display in a format to be mutually agreed upon by the parties. City has the right to have Contractor change or modify the music selection. When City approves the musical soundtrack, Contractor shall provide City with a digital submittal including necessary playlists and with cues.

5. Contractor shall ensure that breakdown of production and cleanup is performed in a timely manner.

6. All services provided by Contractor shall conform to all federal, state, and local laws, rules and regulations and to the best professional standards and practices.

Contractor shall employ safety programs and measures consistent with recognized applicable industry standards and practices.

7. Contractor shall apply for all federal, state and local fireworks display permits and licenses required for the Display; provided, however, that City shall pay or waive all City, t and any other required permit fees (but not including any business license taxes) required for Display. City shall apply for and obtain all other permits necessary and appropriate for the event at which the Display is to be presented.

8. Contractor shall have no responsibility to inspect, police, monitor, or otherwise supervise any area other than the Display Site, except to ensure:

• That any Spectator Area or Parking Area is outside the Display Site; and

• After completion of the Display, that the Display Site is cleared of any live fireworks or debris originating from the Display.

9. It shall not constitute a breach of the Agreement by Contractor for fireworks to fail or malfunction, or for Contractor to determine that the Display cannot be discharged or continued as a result of any conditions or circumstances affecting safety, which is beyond the reasonable control of Contractor.

10. Product Synopsis

Contractor shall provide products equivalent to Exhibit A-3 for the Display on July 3, 2027.

Subsequent Displays shall include the same or equivalent products. City understands that an industry accepted level of 3% of the pyrotechnic product may not function as designed and this level of nonperformance is acceptable as full performance.

SUBMITTAL REQUIREMENTS:

Proposal submittals shall include the following:

1. A cover letter that conforms to the following:

a. Signed by a person authorized to bind the firm contractually.

b. Provides the name, title, address, email, and telephone number of the individual to whom correspondence and other contacts should be directed during the firm’s selection process.

c. Provides the name, title, address, email, and telephone number of the individual who is authorized to contractually bind the firm.

2. Firm Information:

a. Legal name of firm and type of organization.

b. All professional license numbers.

c. Firm location(s) and phone number(s).

d. Date firm established.

e. Number of employees.

f. Termination of Contract “For Cause” History

g. Name, position, summary of qualifications and related experience, and proposed responsibilities of the firm’s project manager and key personnel on the proposed project team, including any sub consultant positions or sub consultant tasks that would be related to this RFP. Submit appropriate team member resumes as an attachment. These are key personnel that should not be removed or supplanted without the City’s consent.

3. Services Provided & Proposed Work Plan, Overview and Approach:

a. A description of proposed services to be provided and how they meet the needs of the City as described in the Scope of Services (Above). Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services, and ability to integrate requirements outlined in Attachment A-3.

b. Proposed work plan shall include Proposers anticipated approach, and level of service responsive to the scope herein.

c. Suggestions or special concerns the City should take into consideration, if any.

d. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and potential accommodation for decoration placements (or suggested edits to placements) based upon City feedback.

e. A draft site map for locations of proposed decorations and electrical appurtenances.

f. Description of the proposed provisions for replacement of unsafe, worn or nonoperational decorations.

g. Provision of work samples (photographic or otherwise) of prior projects/productions for other municipal customers.

h. Timeline for implementation of work if/once awarded the agreement. This should be in the form of a detailed project schedule and assume a starting date of the proposed agreement award date listed in this RFP.

4. Firm Experience:

Provide a brief description of at least three (3) reference projects/productions for which the firm has provided comparable or similar services within the past ten (10) years. References should demonstrate the firm’s experience providing comparable (either municipal or private) services to those contemplated in this bid proposal.

References shall include the following:

a. Client name and contact, including phone number and email. Valid, up-to-date contact information must be provided.

b. Project description and location.

c. Completion date of the project

d. Description of services provided.

e. Total cost of project/services provided.

5. Timeline for implementation of work if/once awarded the agreement. This should be in the form of a detailed project schedule and assume a starting date of the proposed agreement award date listed in this RFP.

6. An additional/supplemental fee and cost breakdown, generally in the form of the example provided as Attachment A-2 “Detailed Fee Proposal” and include hourly fee schedule for additional or extra work (to be submitted separately along with Fee Proposal as a separate/sealed document or attachment). Firms should also provide optional future year pricing (totals) for the City’s consideration as a part of this submission.

SELECTION CRITERIA:

Evaluation of the proposals shall be based on a competitive selection process. Fiscal responsibility is a priority for the City and cost proposal will be heavily considered during the selection process, however, the evaluation of proposals will not be limited to price alone. The City will select the most qualified firm on the basis of:

a. Firm’s experience and key personnel qualifications (including any subconsultants)

b. Completeness of submitted proposal, including the firm’s responsiveness to the overall request for information

c. Firm’s qualifications and demonstrated record of success on work previously performed

d. Cost Proposal

e. Interview (if necessary)

Based on the information submitted, the selection committee will make a final determination and issue a Notice of Intent to Award the selected Consultant. Upon issuance, the City and Consultant will enter into an agreement pending City Council approval. The agreement award will then be presented to the City Council for consideration and approval. Following Council approval, the successful Consultant shall execute a contractual agreement for completion of the specified services. An interview may be required with the top scoring firms. The City of Orange reserves the right to negotiate cost of work within the RFP.

SUBMITTAL NOTES:

• Each Firm is to submit, in response to this RFP, said fees in a separate sealed envelope (see Attachment A and Attachment A-2. Or as a separate attachment if submitting electronically.

The City reserves the right to revise this RFP prior to the date the proposals are due.

Revisions to the RFP will be sent to all known participants. The City reserves the right to procure or contract for work. All proposals submitted in response to this RFP become the property of the City and are public record. The City reserves the right to delay or cancel, in part or in its entirety, this RFP including, but not limited to: selection schedule; submittal date; and submittal requirements. All known participants shall be notified of any cancellation or revisions prior to the submittal date. The City also reserves the right to request additional information and clarifications regarding any proposals received.

The successful firm represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The successful firm represents that it is experienced in performing the work and will follow professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices.

[REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK]

Attachment A

FEE PROPOSAL SUMMARY

This page is to be submitted in a separate, sealed envelope.

(or as a separate electronic document for electronic submissions)

The undersigned as proposer declares that he/she has carefully examined the location of the proposed work, and hereby proposes and agrees, if the proposal is accepted, to do all work required to complete the said work for the price set forth. The undersigned has checked all words and figures inserted in the proposal submittal and understands that the City of Orange will make no allowance for any error or omission on the part of the undersigned. The undersigned has thoroughly read and understood the entirety of this RFP including all provided attachments, exhibits and addenda. Proposer must provide, as an additional/supplemental sheet to this proposal, a detailed cost breakdown in the form of a supplemental fee explanation outlining fixed fees by task. An example of this fee breakdown has been provided as “Attachment A-2” Detailed Fee Proposal. Consultant’s total proposal cost below must match the total fee calculation submitted in the supplemental fee breakdown. Total proposal cost shall include all fees associated with the first year/event, subsequent/optional extensions and additional events years should be included only in the supplemental fee explanation “Detailed Fee Proposal”.

TOTAL PROPOSAL COST

Total Listed in Words:

Total Listed in Numerical Figures: ________________________________

Rates and Fees

Proposals must also include a separate additional hourly schedule that includes ‘Rates and Fees’ for services requested after award that may be considered as extra or additional work not included in this proposal. This should be included as a part of the Detailed Fee Proposal “Attachment A-2” cost breakdown.

THE CITY OF ORANGE RESERVES THE RIGHT, AND IS HEREBY GRANTED THE RIGHT,

TO REJECT ANY AND ALL PROPOSALS, TO ACCEPT OTHER THAN THE LOWEST

PROPOSAL, AND TO WAIVE ANY INFORMALITY IN THE PROPOSAL.

Authorized Signature: ___________________________________________________________

Printed Name: ________________________________________________________________

Title: ________________________________________________________________________

Name of Company: ____________________________________________________________

State License Number and Classification Designation: _________________________________

Executed this________day of_________________, 2026 at____________________, California.

ATTACHMENT A-2

DETAILED FEE PROPOSAL [Example]

NOTE – The detailed fee proposal shall serve as a supplemental cost breakdown. The table provided below is an example only and is provided to give proposers and indication as to what should be prepared and submitted to the City. Proposers are encouraged to submit their own developed Attachment A-2 that correlates to their proposal scope.

Submission of this attachment is a requirement of the RFP and must accompany completed Attachment A (Fee Proposal) which outlines the Year 1 total only.

It is the City’s intent to utilize proposers supplemental cost proposal, in conjunction with the proposers scope submittal, to evaluate the value and potential offerings a firm provides. The City may request that certain elements from the supplemental cost proposal be reduced or modified in quantity or quality based upon the City’s budget and needs.

Certain minimum items should be included in the itemized supplemental cost proposal including all pyrotechnic and set-up elements. Proposers may also include optional additional items to be considered by the City. Proposers MUST include any future year cost escalations for optional extension/renewal terms.

All costs shall be fully inclusive and provided on an annual basis.

ITEM DESCRIPTION QTY UOM UNIT PRICE YEAR 1 TOTAL

1 Mobilization, Set-up and

Site Preparation

1 LS $_____________ $_____________

2 Site Display Area

Security

1 EA $_____________ $_____________

3 Opening Production

Portion (Pyrotechnic

Devices, shells, labor, etc.)

1 TBD $_____________ $_____________

4 Main Body Production

Portion (Pyrotechnic

Devices, shells, labor, etc.)

1 TBD $_____________ $_____________

5 Finale Production Portion

(Pyrotechnic Devices, shells, labor, etc.)

1 TBD $_____________ $_____________

6 Display Coordination

(Staging/etc.)

1 LS $_____________ $_____________

7 Removal /Clean-up 1 LS $_____________ $_____________

TOTAL YEAR 1 COST PROPOSAL (Figures):

*Year 2 (Optional) Cost Escalation Percentage (or amount), if any: ____________________________

*Year 3 (Optional) Cost Escalation Percentage (or amount), beyond Year 2 percentage above

*Year 4 (Optional) Cost Escalation Percentage (or amount) , beyond Year 3 percentage above

[END OF ATTACHMENT A-2]

ATTACHMENT A-3

FIREWORK SHOW SPECIFICATIONS, PRODUCT SYSNOPSIS & SITE MAP

I. Firework Specifications

*This is the approximately 14-minute firework show for a prior City of Orange 3rd of July event.

Proposals should include a production offering generally consistent with the outline below, or a similar alternate proposed configuration.

Product Synopsis Pyrotechnic Proposal

City of Orange

Opening Description Quantity

• 2.5” Sky Concert Opening Salutes 25

Total Opening 25

Main Body – Aerial Shells

• 3” Sky Concert Selections 168

Total of Main Body – Aerial Shells 168

Pyrotechnic Devices

• Sousa Gold Line Custom Multishot Device 200 shots

• Sousa Platinum Line Custom Multishot Device 600 shots

• Sousa Diamond Line Custom Multishot Device 300 shots

• Sousa Emerald Line Custom Multishot Device 720 shots

• Sousa Ruby Line Custom Multishot Device 400 shots

• Sousa Sapphire Line Custom Multishot Device 60 shots

Total of Pyrotechnic Devices 2,280

Grand Finale

• 2.5” Sky Concert Bombardment Shells 72

• 3” Sky Concert Bombardment Shells 265

Total of Grand Finale 337

Grand Total 2,810

II. Event Details

*The event details provide an overview of intended Fireworks display considerations for the 3rd of July celebration. These elements, though subject to change, should be considered in consultant’s proposals. Dates and deliverables for optional second and third year’s of the proposed timeline are tentative and contingent upon potential Council award schedule of a single or multiple year agreement.

3rd of July Celebration 2027 (and Optional 2028 and 2029)

FIREWORK SHOW SPECIFICATIONS

Venue

▪ Grijalva Park o 368 N. Prospect Street, Orange, CA 9289

- Staging area at empty lot generally west of Skatepark project site (See Exhibit A-3 Section III “Site Map”)

- Total number in attendance is unknown but will have attendees dispersed throughout entire park except display area and fallout zone.

*Venue may be subject to change due to unavailability of site. Proposer may consider this site or comparable when preparing the proposal, but must guarantee primary site’s acceptability.

Actual Event Dates & Estimated Times

(Mandatory First Year)

▪ Saturday, July 3, 2027 from 4:00-9:30 p.m.

(Optional Year 2, and Year 3)

▪ Wednesday, July 3, 2028 from 4:00-9:30 p.m.

▪ Friday, July 3, 2029 from 4:00-9:30 p.m.

Set-up & Breakdown

(Mandatory First Year)

▪ Saturday, July 3, 2027

ARRIVAL/SET-UP:

• Arrive at 10 a.m. Saturday, July 3, 2027, with materials; unload racks & begin set-up.

• 2 p.m. a City Fire Representative will conduct a mortar/firework inspection.

• 4 p.m. set-up must be complete, operational, and ready for a final continuity inspection by a City Fire Representative.

BREAKDOWN:

• Break down can begin once all live shells have been detonated on Saturday, July 3, 2027, beginning at approximately 9:30 p.m.

• Break down must be complete by 11:30 p.m.

CLEANUP

• Clean-up of display site and any fallout must be completed by Sunday, July 4, (Optional Year 2, and Year 3)

▪ Monday, July 3, 2028

• Arrive at 10 a.m. Monday, July 3, 2028, with materials; unload racks & begin set-up.

• 2 p.m. a City Fire Representative will conduct a mortar/firework inspection.

• 4 p.m. set-up must be complete, operational, and ready for a final continuity inspection by a City Fire Representative.

BREAKDOWN:

• Break down can begin once all live shells have been detonated on Monday , July 3, 2028, beginning at approximately 9:30 p.m.

• Break down must be complete by 11:30 p.m.

CLEANUP

• Clean-up of display site and any fallout must be completed by Tuesday, July

4, 2028

▪ Tuesday, July 3, 2029

• Arrive at 10 a.m. Tuesday, July 3, 2029, with materials; unload racks & begin set-up.

• 2 p.m. a City Fire Representative will conduct a mortar/firework inspection.

• 4 p.m. set-up must be complete, operational, and ready for a final continuity inspection by a City Fire Representative.

BREAKDOWN:

• Break down can begin once all live shells have been detonated on Tuesday, July 3, 2027, beginning at approximately 9:30 p.m.

• Break down must be complete by 11:30 p.m.

CLEANUP

• Clean-up of display site and any fallout must be completed by Wednesday, July 4, 2029

Requirements

▪ Meet with City staff and conduct preliminary coordination meeting (virtual format is acceptable) at least once prior to event.

▪ Meet with City staff and conduct a pre-event walkthrough at least once prior to event, no less than 30 days in advance of event unless authorized by City.

▪ Provide, install, and remove all necessary materials, supplies, and equipment required to provide a safe and professional fireworks show.

▪ Must provide audio file with cues (to be played on July 3rd by the City’s contracted audio technician) to City staff at least three weeks prior to the event, so that it may be approved for play at the event.

▪ Must provide all necessary staffing for set-up and breakdown of pyrotechnic equipment.

▪ Must provide appropriate up-to-date automobile and general liability insurance and business license, and be prepared to sign applicable City agreement, see Attachment B and Attachment D.

▪ Must be set up and operational by 4 p.m. on the day of the event.

▪ Must wear the appropriate safety and fire gear during the firework display.

▪ Vendor vehicles may not remain on the premises if loaded with fireworks for another show.

▪ Must complete site clean-up, including display area and any fallout materials at Grijalva

Park no later than July 4th.

[CONTINUED ON FOLLOWING PAGE]

III. Site Map

ATTACHMENT B

FIREWORKS DISPLAY AGREEMENT

THIS FIREWORKS DISPLAY AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 2027 (herein referred to as the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and

___________________________________________, a California corporation ("Contractor"), who agree as follows:

1. Term and Extensions.

a. The Initial Term of this Agreement is one (1) year (the “Initial Term”), commencing ____________, 2027, and terminating on __________, 2028 (the “Expiration

Date”); provided, however, that City has the right to extend the term of this Agreement for the following extensions and upon the following terms:

First Extension (the “First Extension Term”) commencing _____________, 2028, and terminating on _______________, 2029, in an amount not to exceed _____________________

DOLLARS ($___________), inclusive of contingency, without the prior written authorization of

City.

Second Extension (the “Second Extension Term”) commencing _____________, 2029, and terminating on _______________, 2030, in an amount not to exceed

_____________________ DOLLARS ($___________), inclusive of contingency, without the prior written authorization of City.

Third Extension (the “Second Extension Term”) commencing _____________, 2030, and terminating on _______________, 2031, in an amount not to exceed _____________________

DOLLARS ($___________), inclusive of contingency, without the prior written authorization of

City.

b. The City Manager is hereby authorized on behalf of City to give written notice to

Contractor of City’s intention to exercise each Extension (if at all) no later than thirty (30) days prior to the Expiration Date of the then-current term; provided, however, that City’s notice of its intention to extend the term of this Agreement for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension.

While the parties acknowledge that City is required to give its notice of intention to extend the term of this Agreement not later than thirty (30) days prior to the Expiration Date of the then-current term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension, this Agreement shall terminate and be of no further force and effect as of the expiration of the then-current term.

Notwithstanding anything in this provision to the contrary, in the event City gives

Contractor written notice exercising an Extension and City receives notice that appropriation of funds for the Extension in question are not available after Contractor has performed services under the Extension, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Agreement.

Except as specifically set forth herein, the terms and conditions of each Extension will be the same as the Initial Agreement.

c. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve and execute amendments to this Agreement reflecting the exercise of each Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension.

2. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the pyrotechnic services set forth in

Exhibit “A” (“Display” or “Displays”) which is attached hereto and incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow the highest professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices.

City’s Recreation Supervisor (herein referred to as the “City’s Project Manager”) shall be the person to whom the Contractor will report for the performance of services hereunder.

3. Compensation and Fees.

a. Contractor’s total compensation for all services performed under this

Agreement during the initial term, shall not exceed

___________________________________________ DOLLARS ($_________) without the prior written authorization of City.

b. The compensation for services performed under this Agreement shall be paid as specified in Exhibit “B.”

4. Payment. In February of each year during the term of this Agreement, Contractor shall submit to City an invoice for __________________________________ DOLLARS and ___ Cents

($X,XXX.XX), which is one-half of the yearly fee for one pyrotechnic display. City shall pay

Contractor the amount invoiced within thirty (30) days after receipt of the invoice. Contractor shall submit to City a separate invoice for the balance of the yearly fee, and any authorized costs, which shall be payable by City within thirty (30) days following performance of the pyrotechnic display.

5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time for preparation and adjustment of the fee to be paid by City to Contractor.

6. Cancellation of Display. City has the right to unilaterally cancel a particular

Display prior to the scheduled date by giving Contractor written notice of cancellation. If so cancelled, City shall pay Contractor, as liquidated damages, the following percentages of the compensation set forth in Section 3.a, for that particular Display:

1) 25% if cancellation occurs 30 to 90 days prior to the contracted date,

2) 50% if cancellation occurs 15 to 29 days prior to the contracted date,

3) 75% thereafter.

7. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

8. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control

Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement.

City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Except as provided in Exhibit A, Contractor shall, at its sole cost and expense, furnish all materials and equipment that may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, and taxes. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of the City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees

Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

9. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

City acknowledges that Contractor shall make application for the City fireworks permits for the

Displays and is hereby authorized to do so on City’s behalf.

10. Reserved.

11. Assignment or Subcontracting. No assignment or subcontracting by either party of any part of this Agreement shall be of any force or effect unless the assignment has had the prior written approval of the other party. Either party may terminate this Agreement rather than accept any proposed assignment or subcontracting.

12. Time of Completion. Contractor agrees to commence the work provided for in this

Agreement in a timely fashion and to diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or otherwise agreed to by and between the representatives of the parties.

13. Time Is of the Essence. Time is of the essence in this Agreement. All parties shall do all things reasonably necessary and incidental to safely discharge their respective duties under this Agreement.

14. Rescheduling Of Event. If City elects to reschedule the Display, Contractor shall be paid the original Fee plus all additional expenses made necessary by rescheduling, plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. City and Contractor shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Display shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Display. The Display shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Display shall not be rescheduled between

June 15th and July 15th unless the original date was July 4th of that same year, or between

December 15th and January 15th unless the original date was December 31st of the earlier year unless Contractor agrees that such rescheduling will not adversely affect normal business operations during those periods.

15. Proprietary Rights. Contractor reserves the ownership rights and trade names and all other products produced or provided by Contractor that are used in or are a product of the pyrotechnic displays that are the subject of this Agreement. City may not use said rights, names and products for any purpose without the prior written consent of Contractor. Any reproduction by sound, video or other duplication or recording process for commercial use, without the express written permission of Contractor, is prohibited. Contractor specifically permits City to broadcast the Display on City’s public information channel.

16. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or mental or physical disability.

Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or mental or physical disability except as may be permitted by applicable law. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard for race, color, religion, sex, national origin, or mental or physical disability.

17. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a Contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

18. Indemnification.

a. Notwithstanding anything in this Agreement to the contrary, Contractor shall indemnify and defend City and the Additional Insureds, as hereinafter defined, from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Display and the presentation thereof to the extent such are occasioned by any act or omission of Contractor, its officers, agents, contractors, providers, or employees.

b. City shall indemnify and defend Contractor from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Display and the presentation thereof to the extent such are occasioned by the active negligence, failure to perform the terms of this Agreement, or willful misconduct of City or the Additional Insureds.

c. In no event shall either party be liable for the consequential damages of the other party.

19. Insurance.

a. Contractor shall carry workers compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker's compensation benefits under any City program.

b. Contractor shall maintain during the life of this Agreement, comprehensive general liability insurance or commercial general liability insurance written on an occurrence basis providing for a combined single limit of $5 million for bodily injury, death and property damage.

c. Contractor shall maintain during the life of this Agreement, automotive liability insurance on a comprehensive form written on an occurrence basis covering all owned, non-owned and hired automobiles providing for a combined single limit of $5 million for bodily injury, death and property damage.

d. Each policy of general liability and automotive liability shall provide that City, its officers, agents, and employees are declared to be additional insureds (“Additional Insureds”) under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. City will accept a copy of the policy(ies) endorsement which evidences that the

City is an additional insured as a contracting party.

e. Contractor shall maintain during the life of this Agreement, employer liability insurance…