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R-1513 - 11/24/2015 - FIREWORKS - Resolutions RESOLUTION 2015-FRWRKS-AG-R-1513 A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING AND AUTHORIZING AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND MELROSE PYROTECHNICS FOR THE INDEPENDENCE DAY FIREWORKS DISPLAY WHEREAS, Melrose Pyrotechnics, Inc. ("Melrose") has provided the Village a fireworks display on July 3 for 18 years("Fireworks Display'); and WHEREAS, the Village has been satisfied with the Fireworks Display provided each year by Melrose; and WHEREAS, the Village sought proposals for the Fireworks Display in 2013 and found that Melrose offered the Village the best overall value compared to the other proposers; and WHEREAS, because the Village is satisfied with the Fireworks Display provided by Melrose, Melrose has always provided the Village a good value, and the preparation and administration of a new request for proposals is costly for the Village, Village staff has recommended that the Village Board waive competitive bidding for the 2016 Fireworks Display and enter into an agreement with Melrose to provide the 2016 Fireworks Display with a Village option to renew the agreement for two additional years ("Agreement'j, which Agreement is attached as Exhibit A; and WHEREAS, the President and Board of Trustees, being fully advised in the premises, have determined that it is in the best interests of the Village and its residents to waive competitive bidding for the Fireworks Display and to approve the Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Waiver of Competitive Biddinq Requirements for the Fireworks Display. The advertising and bidding requirements for the purchase of the Fireworks Display is hereby waived in accordance with Section 1-7-4 of the Village Code. Section 3: Approval of Agreement. The President and Board of Trustees hereby approve the purchase of the Fireworks Display from, and the Agreement with, Melrose in substantially the same form as attached as Exhibit A, and in a final form approved by the Village Attorney. Section 4: Execution of the Agreement. The Village Manager and the Village Clerk shall be, and are hereby, authorized to execute and attest, on behalf of the Village the Agreement between the Village and Melrose after receipt of the final Agreement fully executed by Melrose. Section 5: Effective Date. This Resolution shall be in full force and effect from and after its passage by two-thirds of the Trustees and its approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2015-FRWRKS-AG-R-1513 Agmt.w/Melrose Pyrotechnics for Fireworks Page 2 of 3 APPROVED THIS 24th day of November, 2015 r �� Gopal G. Lalmalani Village President PASSED THIS 24th day of November, 2015 Ayes: Trustees Adler, Raar, Manzoa Ti G nga, Ynenf Nays: None Absent: Trustee Moy ATTE Tj+' y (f 141 Charlotte K. Pruss Village Clerk 4 i ss1 C-'iI 2 Resolution 2015-FRWRKS-AG-R-1513 Agmt.w/Melrose Pyrotechnics for Fireworks Page 3 of 3 EXHIBIT A 3 FIREWORKS DISPLAY AGREEMENT THIS AGREEMENT ("Agreement) �� y ( g � is entered into this day of�, 2015, and is by and between MELROSE PYROTECHNICS, INC., an Indiana corporation ("Contractor'), and the VILLAGE OF OAK BROOK, an Illinois municipal corporation ("Village"). IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to the Village's statutory and home rule powers, the Contractor and the Village hereby agree as follows: SECTION ONE: TIME AND PLACE OF DISPLAY. The Contractor shall provide a twenty three (23) minute continuous aerial fireworks display ("Display') at that certain location within the Village's Sports Core designated by the Village ("Site's. The Display shall begin at approximately 9:15 p.m. at the annual Fourth of July celebration hosted by the Village, scheduled for Sunday, July 3, 2016 ("Display Date"), and shall continue thereafter for no less than twenty three (23) minutes with no lags between firing of the individual fireworks devices ("Time of Performance'. The Contractor shall be responsible for completion of all work within the Time of Performance, notwithstanding any strike or other work stoppage by employees of either Contractor or of the Village. SECTION TWO: CONTRACTOR OBLIGATIONS. The Contractor shall be obligated to perform the following: A. The Contractor shall furnish all labor, equipment, supplies, personnel and supervision necessary to provide the Display, as set forth on the proposal attached as Exhibit A to this Agreement ("Proposal's; provided, however, that the Contractor may, at its discretion, substitute fireworks devices of equal or greater value and duration than those devices set forth on Proposal; B. The Contractor shall, at its sole cost and expense, ensure that all personnel involved in the set-up, operation, removal, and disposal of all fireworks devices involved in the Display be experienced pyrotechnic operators licensed to perform such work under the laws of the State of Illinois; C. The Contractor shall deliver, set up, and execute the Display at the Time of Performance; D. The Contractor shall, upon completion of the Display, cause all equipment associated with the Display to be removed from the Site, and shall remove and properly dispose of all unfired or unexploded material; and E. The Contractor shall conduct the Display in accordance with National Fire Protection Association standards and guidelines for safety. 1 SECTION THREE: VILLAGE OBLIGATIONS. The Village shall be obligated to perform the following: A. The Village shall furnish an area adequate for the parking of automobiles by spectators of the Display; B. The Village shall, at its sole cost and expense, provide personnel for the purpose of establishing crowd control in the general area of the Site; C. The Village shall, at its sole cost and expense, provide a fire guard during the Contractor's clearing of debris from the Site immediately following the conclusion of the Display; D. The Village shall establish a sufficient area for the safe operation of the Display, including, without limitation, establishment of a spectator safety area ("Spectator Safety Area', which Spectator Safety Area shall include all points within 700 feet of the Site, and which shall be marked with rope or other suitable materials to prevent spectators from entering the Spectator Safety Area. The Village shall also provide adequate police protection to prevent spectators from entering the Spectator Safety Area; and E. The Village shall conduct a search of the fallout area the morning after the Display is conducted to remove all debris resulting from the Display. SECTION FOUR: INTOXICATED EMPLOYEES. The Contractor shall cause any of its employees who are intoxicated or under the influence of a controlled substance to be removed immediately from the Site, and shall prohibit any such employee from performing any work on the Display or at the Site. SECTION FIVE: TERMINATION RIGHTS. The Contractor shall have the right, but not the obligation, to terminate the Display in the event that unauthorized persons enter the Spectator Safety Area and the Village is unable or unwilling to satisfy its obligations pursuant to Section 3 of this Agreement. SECTION SIX: PAYMENT. The Village shall pay the Contractor the sum of $23,000.00 ("Fee") for the Display within 30 days after the date of performance of the Display. The Fee includes all applicable federal, state, and Village taxes of every kind and nature applicable to the Display. Contractor may charge the Village a service fee equal to 1.5% of the Fee per month if the Village fails to pay the Fee within 30 days after the Display is conducted by the Contractor. SECTION SEVEN: CANCELLATION; RESCHEDULING OF DISPLAY. A. Cancellation by Contractor. The Contractor shall have, in its sole and absolute discretion, the right to make a determination that the Display should be canceled due to inclement or unsafe weather conditions. In the event the Display is'cancelled by the Contractor due to inclement or unsafe weather conditions, the Display shall be on July 4, 2016 at 9:15 p.m. ("Rain Date'. If inclement or unsafe weather conditions prevent the Contractor from performing the Display on either the Display Date or the Rain Date, the Parties shall confer and agree to a mutually convenient alternate date ("Alternate Display Date"), no later than six months after the original Display Date set forth herein to conduct the Display. Upon 2 rescheduling to an Alternate Display Date, the Village shall pay to the Contractor an amount equal to 15% of the Fee. This amount shall be in addition to the Fee. In the event the Village does not choose to reschedule another date or cannot agree to a mutually convenient date, Village shall pay to Contractor an amount equal to 40% of the Fee as full payment and settlement for the Contractor's costs, damages and expenses. B. Cancellation by Village. In the event the Display is cancelled by the Village prior to the Display Date, the Village shall pay to the Contractor an amount equal to Contractor's actual expenses incurred in preparation for the Display, including, but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. Contractor will provide documentation of such expenses to the Village upon demand for payment. Payment of the Contractor's expenses pursuant to this Section 7.13 shall be the Contractor's sole remedy for cancellation of the Display by the Village prior to the Display Date. SECTION EIGHT: INSURANCE. The Contractor, at its sole cost and expense, shall provide liability insurance in the amount of $5,000,000, which insurance shall include, without limitation, protection for the benefit of spectators from the time the Contractor arrives at the Site until the residuals from the Display are removed therefrom. The limit of liability shall be $2,000,000 for bodily injury and $2,000,000 for property damage. The Contractor shall cause the Village to be named as an additional insured on the insurance policy required by this Section. At least one week prior to the Display; the Contractor shall provide the Village with either (a) a copy of the entire insurance policy, or (b) a Certificate of Insurance along with a letter from the broker issuing the insurance policy to the effect that the Certificate accurately reflects the contents of the insurance policy. SECTION NINE: INDEMNITY. The Contractor shall, and does hereby agree to, hold harmless and indemnify the Village and all Village elected or appointed officials, officers, employees, agents, representatives, engineers, and attorneys, from any and all claims that may be asserted at any time against any of such parties in connection with the Display; provided, however, the foregoing indemnity shall not apply to willful misconduct or gross negligence on the part of the Village. SECTION TEN: PERMITS; FEES. The Contractor shall, at its sole cost and expense, obtain all permits, give all necessary notices, pay all license fees, and comply with all applicable local, state, and federal rules, regulations, and ordinances. SECTION ELEVEN: VEHICLES. All vehicles utilized by the Contractor shall be properly identified and licensed as required by the laws of the State of Illinois. SECTION TWELVE: TAXES. The Contractor assumes complete and sole liability for the payment of all applicable federal, state, and local taxes. SECTION THIRTEEN: BIDDING. The Contractor certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. 3 SECTION FOURTEEN: SEXUAL HARRASMENT. The Contractor certifies hereby that it has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2- 105(A)(4). SECTION FIFTEEN: OPTION TO RENEW. The Village shall have two options to renew this Agreement by delivering written notice to Contractor for Contractor to provide a Display to the Village in 2017 and 2018 on the dates set forth below: Display Date Rain Date 2017 July 3, 2017 Jul 4; 2017 2018 July 3, 2018 July 4, 2018 If the Village exercises either if its options to renew this Agreement, all of the terms of this Agreement shall apply, including, without limitation, the Fee provision contained in Section 6 herein. The Village shall have no obligation to exercise either of its options to renew this Agreement. SECTION SIXTEEN: GENERAL PROVISIONS. A. Relationship of the Parties. The Contractor shall act as an independent contractor in providing and performing the Display. Nothing in, nor done pursuant to, this Agreement shall be construed (i) to create the relationship of principal and agent, employer and employee, partners, or joint venturers between the Village and Contractor; or (ii) to create any relationship between the Village and any subcontractor of the Contractor. B. Amendment. No amendment or modification to this Agreement shall be effective unless and until such amendment or modification is in writing, properly approved in accordance with applicable procedures, and executed. C. Assignment. This Agreement may not be assigned by the Village or by the Contractor without the prior written consent of the other party. D. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the Parties hereto and their agents, successors, and assigns. E. Notice. Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier, or (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Subsection, each Party shall have the right to change the address or the addressee, or both, for all future notices and communications to such party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the Village shall be addressed to, and delivered at, the following address: 4 Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Attention: Trey VanDyke, Sports Core Director With a copy to: Holland & Knight LLP 131 South Dearborn, 30th Floor Chicago, Illinois 60603 Attention: Peter M. Friedman, Village Attorney Notices and communications to the Contractor shall be addressed to, and delivered at, the following address: Melrose Pyrotechnics, Inc. 1 Kingsbury Industrial Park, P.O. Box 302 Kingsbury, Indiana 46345 Attention: Robert Kerns, Director of Operations Email: bob(cD-melrosepyro.com F. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. G. Time. Time is of the essence in the performance of this Agreement. H. Governina Law: Venue. This Agreement and any dispute arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to its conflict of law rules. All judicial actions relating to any interpretation, enforcement, dispute resolution or any other aspect of this Agreement shall be brought in the Circuit Court of the State of Illinois, DuPage County, Illinois. Any matter brought pursuant to the jurisdiction of the federal courts shall be brought in the United States District Court of the Northern District of Illinois. I. Entire Agreement, This Agreement constitutes the entire agreement between the parties and supersedes any and all previous or contemporaneous oral or written agreements and negotiations between the Village and the Contractor with respect to the services contemplated in this Agreement. J. Waiver. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver of any other provision of this Agreement (whether or not similar) nor shall any such waiver be deemed to or constitute a continuing waiver unless otherwise expressly provided in this Agreement. 5 K. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. L. Exhibits. Exhibit A attached to this Agreement is, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and the text of this Agreement, the text of this Agreement shall control. M. Conflicts of Interest. Contractor represents and certifies that, to the best of its knowledge: (1) no elected or appointed Village official, employee or agent has a personal financial interest in the business of Contractor or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither Contractor nor any person employed or associated with Contractor has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither Contractor nor any person employed by or associated with Contractor shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the date and year first above written. 6 VILLAGE OF OAK BROOK, an Illinois municipal cor r Riccardo F. Ginex, Village Man ger ATTXE T: G Charlotte K. Pruss, Village Clerk MELROSE YR ECHNICS, INC., an Indiana corporati By: l Its: ATTEST: By: Its: EXHIBIT A Proposal •w 8 f� us P Y R 0 T E C :H N I C S• September 10,2015 Village of Oak Brook Rania Serences Sr.Purchasing Assistant 1200 Oak Brook Rd. Oak Brook, IC60523 Dear Rania, It was a pleasure speaking with you today.Melrose is very proud to have partnered with the Village of Oak Brook the past three years, and we hope to continue our relationship. Pursuant to our conversation,Melrose Pyrotechnics Inc. will lock in your price of $23,000.00 per display for your 2016-2018 July 4t'holiday displays.As in years past, this price includes a 23 minute display of the same caliber as past shows. As always,please do not hesitate to contact me should you have any questions, concerns or need further information. Sincerely, Bob Kerns Director of Operations bob@melrosepyro.com �` ��fc�rase F!�rIn 1 Kingsbury Industrial Park P.O.Box 302 Kingsbury;IN 46345 T 219-393-5522 800-771=797.6 F 219-393-5710 800-775-7976 melrosepyro.com �Melrlose: P Y R -0 T E C H N I C s° February 21,2013 Rania Serences Senior Purchasing.Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook,Illinois 60523 RE. Independence Day Fireworks Display Dear Rania, Enclosed please find our companies proposal for this year's display. Pursuant to your RFP,we have addressed all required elements in the enclosed proposal. In regards to your statement on page 3 that all pyrotechnics materials should be top grade and have been factory tested by the manufacturer to assure their individual quality, performance, and safety. Melrose Pyrotechnic, Inc. is a member of the A.F.S.L (American Fireworks Standards Laboratory) the owner of Melrose Pyrotechnics, Inc., Michael Cartolano, sits on the board of this organization as well as the A.P.A(American Pyrotechnics Association.) To be a member of this organization requires that all products Melrose imports must be tested and certified by the manufacturer and independently tested and certified in China under the A.F.S.L Certification program. (Please see enclosed certifications.) I have enclosed a CD with the music we propose for this show. This CD also contains the requested walk out music of the William Tell Overture. If the board has any questions, we would be happy to come to a meeting and explain our proposal in detail. We look forward to the possibility of working with the Village of Oak Brook again this year. q Re tfully, B , Director of Operations bob elrosepyro.com Melrose Pyrotechnics 1 Kingsbury Industrial Park P.O.Box 302 • Kingsbury,IN 46345 T 219-393-5522 600-771-7976 F 219-393-5710 600-775-7976 M-1 ___, P Y R O T E C H N I C S• Statement of Qualifications Melrose has been in the fireworks business for over 50 years. The company has been under the direction and control of Mike Cartolano since his father's death in 1981. At the time of his father's death, the company displayed fireworks primarily for religious events and for the Chicago White Sox. Today, Melrose employs 27 full-time employees and provides firework displays to more than 400 customers over the e of July holiday alone. We fully understand the scope of services described in the RFP. We agree to provide the work as described in the RFP in accordance with the terms and conditions of any contract awarded pursuant to the RFP process. - Having worked at this exact venue from 1991 to 2009, we are familiar with the type of products that work well at this location. The financial stability of Melrose is evident by the stature of our work in providing over 1,200 shows every year. Melrose imports in excess of 30,000 cases of fireworks each year making us one of the largest display companies in the country. We have the professional references of some of the countries largest event producers and professional sports teams. Melrose has competed in and received the following awards; Prestigious Global Awards 2nd Place,Jinshan International Beach Fireworks Festival, Shanghai China(2012) 2nd Place,Hanabi World Cup,Nagasaki, Japan(2011) 1'Place,Hanabi World Cup,Nagasaki, Japan(2010) 3rd Place, L'International des Feux Loto-Quebec,Montreal, Canada(2009) 1s'Place, Shanghai International Music Fireworks Festival, Shanghai, China(2007) 1"t Place,L'International des Feux Loto-Quebec, Montreal, Canada(2006) The quality and depth of experience in our shows is unmatched and is evident in everything we do. Melrose, its designers and event producers, possess years of experience in pyrotechnics and technological advancements within the industry. We stock one of the most diverse inventories in the country, utilize the most advanced firing systems, employ only professional crews and have great experience in producing multi- media shows. The resumes of the key people involved in this project are included with this proposal. 8: Proposal -in compliance with this Request for Proposals; and subject to all conditions thereof, the undersigned'offers.arid agrees,, if this proposal is.accepted, to furnish-the-services as:outlined herein -for:the-Village of Oak .Brook -at'the amount indicated, subject to-modification -through .negotiations--.The time.-and material, -not to-exceed, cost proposed.shall in all anticipated expenses. . Perform the 2013.independence'Day!=!reworks Display Nat to-Exceed Cost Of 23, 000 -.0.0 Please.provide a.detailed--list (size, amount, coq)*of mortars and shells, etc, that will be used. for. the display ' -Firm Name:-Melrose Pyrotechnics,. Inc. Address: P.0. x .302 City, Sta ,Ztl? . K'ngsbury,- •Indiana.'46345' .Signatore� : .: .. •. . . -.. Name Printed: Robert Kerns Ting. Director of operations Teiephone: .(2 19) 393=552.2 Date: 02/21/2013 if a.Corporation: ATTEST: -Secretarl! 8 C References -your Company Name:' Melrose P rotechnics, .Inc (Please Print) The Contractor shall. lis#:five (5). current references-with needs similar�to- the Village of Oak .BrQdk for whore Contrao#or has provided comparable-services.• Please include.corripany,name, address,.telephone number, year(s).•employed by referenced firms, contact person, and type of work you'performed for.that-entity: Na Pier • . 1: CompanpName�Mur�icipality: �' Address', 6.0 o East: Grand-Avehue. . Chicago, Illinois 60616. Phone. ( 312 .) 5.95-51.84. -Contact Person: Jennifer Kramer, . :. Type of Work�and [date Rerfarmed , Twice weekly Pyro-musical Programs throughout- the entire•.suMmer and .fall. 2. Company-Name/Municipality:'' Skokie­ Park. District Address: 9300 Weber Park Place Skokie; Illinois 60077 Phone: 1 847 933.-4355. Contact Person: Michelle Tuft 9 Type of Work and'Date Performed:. Pyro-musical Fireworks Display on July 4th 3. Company NamQ/Municipality: Hamilton. Partners Address: 30.0. Park Boulevard, Suite 5.00 I.tasaa, Illinois 60143 6.3 0 2 50--97.0 0 . . Phone: .�. C6n#act Person': Rick- St:aba'ck Type of Work and Date Performed: Pyro-musical Fireworks Display on July 4-th" Company Rai Municipality: . Rockford 4th of .July Committee 4.Address: P.O. Box 10 2.7. Rockford, Illinois 61105• Phone: 1815 494-2569 'Contact'Person:. Joe��Ma,rirto •.�. `. •� . . Type Hof Work and'Date Performed:• Pyro�musicaj 'Fir.eworks Display on July 4t)~i 5. Company Name/Municipality: Streator 4th af. July Committee Address: John and Joe Florists 1105 West Main Street Streator, Illinois 61364 10 Phone:. .*( 8115-- 1672,-2611 Contact Person: C.r'a3.g Bodziiick Type of Work and Data Performed: Pyro=musical Fireworks Display .on July. 6th, 11 D: sexual.Harasi-ment Potic� Mel 'rose :pyratcchnics, .Inc. : hereinafter referred to as:"Contractorhaving - subrnitied a bid/proposal fdrnd- dente'. Day Fireworks. Di:spla .the. Village Of.Oak Brook;•DuPage/Cook"Counties;-Illinois, hereby.certifies that-said. Conrtractor had'a•written sexual . harassment policy in.place in full.Compliarice.with.775.'ILCS.5/•2'1 b5(A)�4).-inciuding the following -information: 1. .. An ackriowledgment of.the illegality.'of sexual~harassment: 2 'T1i.-.deftb 10f sexual'ha'rassmsnt under Stag law, = 3) •Adescr'iptian of.sexual harassment;utilizirrg:ezainples, 4) Ttis•contraotor's iiernai bompiainf,process.iracfusfing.penalties::. .5)­The.'aegal .ri;corse,: investl,ative'srid:complaint`propess' available .through.the fltirtois Department afiHurnan Rigf�ts and the Human-Rights Commission:. Gj. lirecticns pn tiw to contaetahe:Department or fhe Commission: : ?) An acknowledgment of praf-ection'.of-a complaint agaEinst.aetaliation.•asproyided:in.•Seption 0.1:of1the..Human.Rights.act'- Eac1�-contractor must..provide a(copy bf.such.writte ' lioy f the. Illinois Department.of. Human ' Rights upon request: . Aut oh Age: . Contractor Subscribed and swo to ,befo a me this day of ?� •. Not Public 14 E Pon nwors C.erti#ication The undersigned, being first dull sworn an oath,..deposes.add states.that he has.the.authbrity. to make this certification.on .btrhalf of'tlie corntractaC for the:construction,. prod ilct; .camr7rodity, .or. service briefly-desaribed as follows:. "Independence-Day'Fireworks Display" 1•) The undersigned certifies.'thhat; pursuant`to- Chapter 720,• 'S ' i©h 5/33E of the -Cllinois Comptteri Statutes, 1903,--the contractor.•.ts not-hatred-from bidding on this contract as a- result. of .a conviction for th '.violation-.of .State .of Illinois laws. prohibiting -bid-rigging.or bid=rotating. 2). Ttie undersigned states under oath that,.pursuant.to .Ciiapter65,.Section.5/1.1-42.1=1 of.the Illinois.Compiled Statutes, '190.3,the.`contractor is not.dellnquent.in'tho payment_of any tax administered-by•th-e.Illinbid Department 6f-Rev6nue.. 3) The •undersigned certifies thiat;-pursuant to •Chapter .75T Section 5/2-105:.of the Illinois ©rripiled Statutes, 1993;.the%coritractor�.has a written.•sexual. kiarassrnent policy•in.place -including:the following.-information:: a) Ark acknt�wledgrnirnt-of ih6.illegatiiy.of sezuai hariLssment. b)_•-•The definition.of.sexuaf.harassmerit'under State iaw: description of sBxiral h4rassm4hf; utilizing examples: d) T1ie Consultants internal Complaint process including penalties. e) Tlie legal. recourse, •investigatirre and•.Cpmplairit. process.avai(abte tfirotrgh' the Illinois Department-6f Hurna.n,RigYrts:and the Human,Rights Commission.' f) Directions on howto.contactthe.Depdament.or.thet mission. This:business fCm.is:. (Check one). . x . -Corporation -Partnership Individual Firm.Name: Melrpse Pyrotechnics-,, Inc.. . Address: .0. Box 302 City., Stat6, P: Ki i sbu Indiana. 46 3 4 5 signature: Name:Printed:'Robert Kerns- Title. .Director •of operations.•: _ Telephone: (219) 393-5522 Date: 02121r2013 1� ATTEST:: :. _SEAL SUBSDRIBED..ANDN$.WORN TO befd me this'. day- of 20.13. .' �lotary:Public. .• .. . • • .. ... ' 13 U .1 I a„�. Bob Kerns Your Melrose Contact Event Name Village of Oak Brook Event Date July 3, 2013 Client Contact Person Rania Serences Type of Show Pyromusical Fireworks Display- Computer Choreographed Length of Show 23 Minutes Type of Pyrotechnic Effects All Aerial Shells up to 10” Proposal Includes Five Million Dollars Public Liability Insurance Licensed Professional Pyrotechnicians Workers Compensation Insurance All Fireworks Material Necessary to the Production All Firing Equipment Necessary to the Production Digital Soundtrack Production Computer-Designed Choreography Proposal Cost $23,000.00 ru N O m m of the famllYz""se is like art Metro p a -Nichole Manning,senior Director of Game operations for the Chicago White Sox y,.v? :: .�• r :. (.;, r.:: _ .mot::,.._ ......:. .. ...., ..° _... _,_- ..•. _ ,.___ _. , ux - 219-393-5522 800-771-7976 melrosepyro.com In an effort to provide you with a detailed and clear proposal, we have included a list of components to be considered for the design of your Melrose Pyrotechnics display. Please take a moment to review our show design concepts and proposed pyrotechnic effects. Opening Segment The opening scene of your show is one of the most important segments of the display.Whether you choose a traditional display or a pyromusical,our design team members are masters at tailoring your opening segment to thrill your audience from the very first shot. Your audience will be captivated immediately,as we set the tone,pace,and feel for the rest of the program.This is traditionally estab- lished through a barrage of multi-shot effects paired with an assortment of aerial shells. Design Components Red Peonies with Silver Tails Red Peony Fan with Silver Tail Blue Peonies with Silver Tails White Peony Fan with Silver Tail Silver Peonies with Silver Tails Blue Peony Fan with Silver Tail Main Body After your audience is fully enthralled in the spectacle of the opening segment,we transition into the main body of the display.You will experience our commitment to design and organization first-hand as we present a progression of scenes that we design specifically for you and your show.Because every device that we incorporate into your show is hand-picked,meticulously tested,and rated by our design team,we are able to build a cohesive program that is highly dynamic and suited to your event and audience. Design Components Color Strobing Dahlias with Matching Tails Color-Changing Pastel Crossettes Diadem Chrysanthemums to Crackling Tips Crackling Palm Trees with Coconut Trunks o J Glittering Peonies with Double Core Pistils Crackling and Color Wipe .P 'n' This proposal is intended to give an approximate show design and description.Please contact your Melrose Pyrotechnics P Event Producer with any questions or concerns. 219-393-5522 800-771-7976 melrosepyro.com Grand Rnale The ultimate destination and final act of every fireworks display is the grand finale,This is the segment of the show that your audience will remember above everything else.Careful design and product selection are vital components of the process we use to customize your grand finale. Not only sound,but color,flight time,effect duration,impact,and presentation are all criteria we consider when choreo- graphing your grand finale, Design Components Multi-color Finale Chrysanthemum Shells with Silver Tails Triple Peony with Strobing Tips Barrage Red White and Blue Cross Ring Finale Shells Signature -Heavy Crackling Golden Willows Double Layer Peony Shells with Flashing Cores Patriotic Palms in Red, Silver and Blue Silver Comets to Titanium Reports Finale Chain Gold Brocade Butterflies with Cyan Stratosphere Special EffectS/Multi-ShotS In addition to the shells,multi-shots,candles,and chains that we implement throughout all segments of your show,we employ an extraor- dinary catalog of special effects and display techniques that we use to complement the traditional crowd favorites.These effects range from nautical shells,custom angled Roman candle scenes,expansive ground effect placements featuring strobes and flares,and layered multi-shot effects,as well as custom-pattern shapes that are manufactured just for Melrose,such as hearts and smiling faces.These special effects work in harmony and greatly enhance the look and feel of any display! Design Components Thunder to Colored Stars Report-Shells Magnesium Splatter Flash Reports Assorted Color and Flash Salute Finale Shells Dark Thunder Salutes Red Comets to Titanium Salutes Satums of Red, Green and Purple with Kamuro Rings 6 N O 1 Blue Tiger Tails to Silver Splatter Magnesium Salutes Color Changing Silver Crown to Purple/Green Crossettes ro 0 a A This proposal is intended to give an approximate show design and description.Please contact your Melrose Pyrotechnics Event Producer with any questions or concerns. 219-393-5522 800-771-7976 melrosepyro.com Program in an effort to provide you with a detailed and clear proposal, we have included a list of components to be considered for the design of your Melrose Pyrotechnics display. Please take a moment to review our show design concepts and proposed pyrotechnic effects. Opening Segment Shot Quantities Mull-Shot Items Product Description 9 Red Peonies with Silver Tails Red-colored peonies over silver tails 9 Silver Peonies with Silver Tails Silver-colored peonies over silver tails 9 Blue Peonies with Silver Tails Blue-colored peonies over silver tails 9 Quick Crackling Crossette Bright magnesium crackling crossettes fired all at once creating gold glitter with delayed crackling sparks 36 Crackling and Color Wipe Gold glittering comets changing into bright reports with colored shells over the canopy Aerial Shells 10 3"Anping Fireworks The opening segment of our show Includes an assortment of aerial shells 10 3" Dancing Fireworks Group from several of our favorite manufacturers. 3"Glorious Entertainment Production This variety of effects will captivate and 10 invite the audience to immerse 10 3" Icon Pyrotechnics International themselves into the night sky canvas we are painting in front of them. 10 3" Lidu Fireworks Corporation Ltd. 50 3" Riccardo Caballer N O 5 4" Sunny International CD 5 4"Riccardo Caballer m 3 5' Sunny International 3 5" Riccardo Caballer n N This proposal is intended to give an approximate show design and description.Please contact your Melrose Pyrotechnics P Event Producer with any questions or concerns. " " 219-393-5522 800-771-7976 melrasepyro.com rrogram Main Body Shot Quantities Aerial Shells Product Description 91 2'/2'Glorious Entertainment Production This selection of assorted of 2'/2"and 3" shells will fill the night sky with color and 89 2'/Z" Icon Pyrotechnics International sound. Laying the foundation of your 90 2'/Z'Riccardo Caballer display in the canvas of the dark,our diverse collection of colors and break 120 3"Anping Fireworks patterns look great alone or when used as complimentary devices in combination 105 3" Dancing Fireworks Group with effects such as candles and 140 3"Sunny lntemational multi-shot boxes. 89 4" Dancing Fireworks Group Our catalog of 4"shells is second to none 53 4"Glorious Entertainment Production in terms of both quality and diversity. Whether we are enhancing a scene of low 54 4" Icon Pyrotechnics International level effects or designing a central theme to your display with them, our 4"shells are 61 4"Lidu Fireworks Corporation Ltd. the layers of paint on top of the canvas foundation. Unique to this size are 60 4" Riccardo Caballer crossettes and specialty Euro-style 60 4"Vulcan Premier Fireworks cylinders. 60 4"Yung-Feng Fireworks 36 5" Dancing Fireworks Group Framing the entire display are our 5"and 6"aerial shells. Because these shells 20 5" Riccardo Caballer break so high and wide,they are the perfect tool to outline the rest of the 44 5"Sunny International perfect Due to their large size,these 40 5"Vulcan Premier Fireworks shells allow for patterns and shapes not possible in smaller shells. 38 6"Anping Fireworks 34 6" Riccardo Caballer 42 6"Yung-Feng Fireworks 3 8"Dancing Fireworks Group Among the largest shells in use today, our o 8"-10"aerial shells break higher and wider 2 8"Riccardo Caballer than your audience can imagine. 3 Designed in the USA, Europe,and Asia, a EA 3 8"Sunny International our lines of 8"and 10"shells are all CD 2 10" Lidu Fireworks Corporation Ltd. manufactured exclusively for Melrose. s 2 10"Vulcan Premier Fireworks N This proposal is intended to give an approximate show design and description.Please contact your Melrose Pyrotechnics Event Producer with any questions or concerns. 219.393-5522 800-771-7976 meirosepyro.com program Grand Finale Shot Quantities Multi-Shot Items Product Description 30 Red Peonies with Silver Tails Red-colored peonies over silver tails 30 Blue Peonies with Silver Tails Blue-colored peonies over silver tails 30 Green Peonies with Silver Tails Green-colored peonies over silver tails 30 Yellow Peonies with Silver Tails Yellow-colored peonies over silver tails 30 Silver Peonies with Silver Tails Silver-colored peonies over silver tails 30 Gold Aluminum rising Comets Bright golden fluffy comets Aerial Shells 70 3" Glorious Entertainment Production As we arrive at our finale,the progression of the show has allowed us to set up your 70 3" Icon Pyrotechnics International audience for the high impact moment the.y have been waiting for. This selection of 60 3"Lidu Fireworks Corporation Ltd. aerial shells compliment the rhythm and 3"Riccardo Caballer pace of the program to conclude your 60 event with a powerful ending that will 4 6" Riccardo Caballer leave your audience roaring in applause. s 4 6"Glorious Entertainment Production o 2 8" Icon Pyrotechnics International ti 0 2 8" Riccardo Caballer 1 10" Riccardo Caballer 10"Vulcan Premier Fireworks N This proposal is intended to give an approximate show design and description.Please contact your Melrose Pyrotechnics Event Producer with any questions or concerns. - _._ 219-393-5522 800 771-7976 rnelrosepyro.com Oak Brook,IL 7-3-12 Proposed Soundtrack Song Title Artist Be ' nin End Duration Stars&Stripes Forever J.P.Sousa 00:00 02:00 02:00 Firework Katy Pe 02:00 03:50 01:50 Home Phillip Phillips 03:50 05:55 02:05 Free Zac Brown Band 05:55 07:48 01:53 God Bless America Martina McBride 07:48 09:49 02:01 Strike up the Band George Gershwin 09:49 10:34 00:45 God Bless the USA Lee Greenwood 10:34 12:30 01:56 America a rise) Neil Diamond 12:30 14:28 01:57 What a Wonderful World Louis Armstrong 14:28 16:43 02:15 RO.C.K in the USA John Mellencam 16:43 18:21 1 01:38 I Love this Town Bon Jovi 18:21 19:50 01:29 America the Beautiful Ray Charles&Alicia Keys... 19:50 21:45 01:55 1812 Overture Tchaikovs 21:45 23:10 01:25 Silence 23.10 23:20 00:10 William Tell Overture G.Rossini 23:20 35:08 11:48 23:10 ROBERT L . KERNS JR . OBJECTIVE To supervise / manage the project details for the Village of Oak Brook firework display. To oversee the design of the program. EXPERIENCE 1993 -Present Melrose Pyrotechnics,Inc. Kingsbury, IN Director of Operations • Oversee daily operations at corporate facility and satellite offices • Supervise the display choreography division • Logistics for all electrically fired programs (panels, equipment, cues,tape decks, communication needs,radio stations) • Supervise pyro-musical production teams 1979- 1993 Berrien County Sheriff s Office St. Joseph,MI Lieutenant Support Services Division . Supervise all support services staff . Responsible for 30 deputies and over 50 civilian employees . Riot squad member . Diplomatic security detail Forensic investigation EDUCATION 1981 - 1982 American Institute of Applied Sciences 1976- 1977 Lake Michigan College Emergency Medical Technician/Paramedic Police Academy PRODUCTION CREDITS Chicago White Sox; City of Rockford; Texas Rangers; Hamilton partners, Inc.; Kane County Cougars; Chicago Bears and the re- opening of Soldier Field; Evansville Freedom Festival; Taste of Chicago; Chicago Venetian Night; Chicago Millennium Celebration (8) locations; U.S. National Hot Air Balloon Championship; Arlington International Racecourse; Chicago Bulls; Opening of Millennium Park;Navy Pier; JAM Productions; Thomson Productions,L'International des Feux Loto—Quebec JONATHAN GESSE OBJECTIVE, To create a unique and exciting soundtrack that provides the necessary dynamics for choreographing the fireworks to the music. EXPERIENCE 2005 -Present Melrose Pyrotechnics,Inc. Kingsbury, IN Soundtrack Producer - Creative design - Digital multi-track editing Digital mastering - Time code synchronization 2001 -2005 Musician LaPorte,IN - Studio and live performer,bass, guitar and trombone - Recording engineer Studio production EDUCATION 1997- 2001 Valparaiso University Valparaiso, IN B.A.Music Minor Business Administration PRODUCTION CREDITS Chicago White Sox; City of St. Charles; City of Rockford; Texas Rangers; Wawasee Property Owner's Association; Kane County Cougars; Chicago New Year's Eve Celebration; Taste of Chicago; Chicago Venetian Night; U.S. National Hot Air Balloon Championship; Arlington Intemational. Racecourse; Hamilton Partners, Inc.; Navy Pier; Thomson Productions; World Pyro Olympics; L'International des Feux Loto—Qu6bec MATTHEW PETERSON OBJECTIVE To provide an extreme pyrotechnic design for the Village of Oak Brook at Oak Brook Sports Core. EXPERIENCE 2000 - Present Melrose Pyrotechnics, Inc. Kingsbury, IN Creative Director • Display choreography • Creative Design • Indoor and close proximity specialist 1998 - 2000 Classic Fireworks Atlanta,GA Southeast Regional Manager • Regional sales • DOT compliance • Display coordination 1990—1998 Classic Fireworks by Event Inc. New Orleans,LA Display Produc er/Production Team • Display choreography • Display technician • Indoor and close proximity specialist EDUCATION 1991 - 1995 Louisiana Tech University Ruston,LA B.A.,Business Administration with Entrepreneau Option PRODUCTION CREDITS Superbowl XXIV Anheuser Busch; Miss Teen USA. Miller Beet; & )OCM; Centennial Olympic Park Inaugural Parkfest; Disney Television; Peach Bowl at the Georgia Dome; LSU Tigers at Death Valley; Atlanta. Falcolns; Mardi Gras: Chicago White Sox; City of Rockford; Texas Rangers; Chicago Bears and the re- opening of Soldier Field; Taste of Chicago; Chicago Venetian Night; U.S. National Hot Air Balloon Championship; Arlington International Racecourse; Chicago Bulls; Opening of Millennium Park; Navy Pier; JAM Productions; Thomson Productions; L'International des Feux.Loto—Quebec THIS IS TO CERTIFY THAT Melrose Pyrotechnics IS A MEMBER IN GOOD STANDING FOR THE YEAR 2013 As such, this firm is committed to the Association's mission to preserve, protect, and promote-the American tradition of fireworks by encouraging safety in design & use of all types of fireworks and advocating reasonable regulation of the industry. 1 Stephen Vitale—APA President Julie L. Heckman—APA Executive Director Preserving and Promoting an Ainer•ican Tradition i i I & Y:- 1P Certificate Of Membershi L FIREWORKS NATIONA �n ASSOCIATION Melrose Pyrotechnics, Inc* gsbury t , IN 'Y��111i�M]x"l xg Has fall membership in the National Fireworks Association and is on is dedicated to entitled to all membership benefits. 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A-r- Michael Collar,President John D. Rogers, Executive Director i Z 1 K.f.• ti tily'pf1r - '"4e'llr, ,'fi ;'r U7� .•! ,>Y5 IJVI- ''?�' .; .�r`y- r{,y. r ` - �3 ► .ar+ �? y✓. . aY,•',�,1i 1 ti_F;" rT yC".�/ f' r•; _ f:,«, i� N � 'j � , ,::'"w �, .; �+ c -kf .p. Yf fyYF.. �1�a:r.� ���`� J •,`,, - �t-;,��� i,i jj��{?_� ."'•� xo �,j, � .. ": - TO 64 11 Li t�tt�{{12 )z ?4�,1 !Y = � 7��f Yll^ ��qq' �'�e,-,•• '�: IT ` '��':, i ,., m: � Y� j;. /��..��• �f rl l��l,� 11i�155OC10 ,t1��I�G�IC•VIStfl� h� �'t� 'y ���� O �.. �` ' jp f �e� r•��frt9 'k `[ �i��'-,f }��w a PAi0C6AEf�1FiKIIOD( i f at ,�.•!i fir. IAir'}l 'prkryl�Tll j13''x. GREEN EX'r 'FIB ,„r.(+ .*w' 1� I r "'1 f• " i7 j,��$K6[j�//y.. .. F' Y presented to M� not; .r Otec u%s Metrot'se for their commitment to environmentaffy-responsi6Ce business practices at the IAA/It' AnnuaC (tfS CUs o + ° Sue Triphahn. Educational Services and Marty Walsh, IPRA Environmental 6^ Conference Director Committee Co``Chair IJ. 1 t f,Z {4/'9/•1{yjr q ,x, Y «N 4"^ � 6E OF D.1R� 8 � a � o .o \CpUN1y.� rMe • • : rr- - • ' • n jl t fyr eyr t, 1101, I,r6'u•.'4' s'�U��. �, � ������:� �� 1', k�,�,r,�+',�'�1�;I.�Y�t��•i,r�'��'1 `+�A�(�f��A�� ��fs��l'��'!'; ,'r.,a .�t3�A1r1�1��,A�-7'�.}li�f sCPf'i<�t'rn Pni:!YaSf�.J,1 fl,'1 S.s .�{7 � i�. �,-„fir•,'_ , y :`.,,' '',i I,• u' : i. .'Rl�-,� .�� q , �O?@` Cs'+, ,t, .+,` }d '.'% :F,T'+ ”f'.•'i�r�i,ttt:4�i�. +Yt.,.i��f.{�.j� .3,h r` N!!� ! A b � i � � s rs'�`l�it�tUr�.•i7},�S.ZI?., I��*a.i{�aFl} .{�(v,f4�i!s� 1�.5�-,.n�1F.r1F,v.�es fn.Rtm.:;' A,S�}t SRS s3{..r yit n�.r`t,,._}..�)xt?rr.F I,N-- i.11.i�i:� i .�i