R-28-05 Waiving Public Binding Requirementsi
RESOLUTION
A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS
WHEREAS, pursuant to the provisions of 65 ILCS 5/8 -9 -1 the Village of Lemont may, by a vote of 2/3 of its
Trustees then holding office, waive the requirements for public bidding; and
WHEREAS, in connection with the work to be conducted as part of the July 3'd Fireworks Show, the Village has
researched and evaluated the available options and contractors; and
WHEREAS, it was concluded that the greatest benefit to the Village will be realized by waiving the bidding
process and entering into an agreement with Ace Pyro, LLC for a Fireworks Show and related work in an amount not to
exceed $23,000.00.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND MEMBERS OF THE BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COOK , WILL & DU PAGE COUNTIES, ILLINOIS that:
Section 1: Incorporation of Recitals: The foregoing recitals are hereby expressly incorporated into and made a part
of this Resolution as if fully set forth herein.
Section 2:
Waiver of Public Bid Requirements: Pursuant to the provisions of 65 ILCS 5/8 -9 -1 the Village hereby
waives the public bidding requirements otherwise applicable to the contract for the July 3nd Fireworks
show and related work.
Section 3: Repealer: All other Resolutions or parts of resolutions of the Village of Lemont that are inconsistent with
this resolution are hereby expressly repealed.
Section 4:
Severability: In the event any word, phrase, clause, sentence, paragraph, provision, or section of this
Resolution or any portion thereof shall be held to be unconstitutional, unenforceable, or void, the same
shall not affect the validity or enforceability of any remaining words, phrases, clauses, sentences,
paragraphs, provisions, or sections thereof.
Section 5: Effective Date: This Resolution shall become effective upon passage, approval and publication, in Book
and Pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this /3
Day of ^^^ -z^ , 2005
Debby Blatzer
Peter Coules
Brian Reaves
Cliff Miklos
Ronald Stapleton
Jeanette Virgilio
Attest.
AYES NAYS PASSED ABSENT
v
JOH F. PIA Vi11. eresident
CHARLENE SMOLLEN, Village Clerk
BluePa -k Fwks.
815 4687989
ACE
Pyro,LLC
05/25/05 11:S7am P. 002
Wednesday, May 25, 2005
City of Lemont,
418 Main St,
Lemont, II.
60439
This agreement is between ACE Pyrn, LLC, (the Fireworks Display Company) and the City of Lemont, IL (the
Sponsor). ACE Pyro, LLC will provide all of the materials, labor, equipment, and insurance to provide a computer
tired fireworks display choreographed to music within the City of Lemont, IL on Sunday, July 3rd, 2005 with a
rain/weather date of Monday, July 4th. 2005. This compuuer -fired choreographed display will be approximately 25
to 30 minutes in duration and will use music mutually agreed upon by the Sponsor and the fireworks display com-
pany. All work shall be performed in a good and workmanlike mariner.
The cost of the display will be $21,500. If a larger budget is available the fireworks display will be enhanced to
increase the dramatic impact of the display. A deposit of $10,000 will be forwarded to ACE Pyro, LLC on or be-
fore June 5th, 2005. The final payment will be made anytime prior to the firing of the display.
The Sponsor understands that ACE Pyrn, LLC will use this display for promotional use, including but not limited
to video taping the display and providing invitations to current and /or potential customers to view the display site
setup and the display. In return, ACE Pyro. LLC will donate products and services and enhance the display, wbich
will benefit both the sponsor and ACE Pyro, LLC.
ACE Pyro, LLC shall provide proof of necessary licenses, permits, and a certificate of insurance in the of
$5,000,000, as requested by the sponsor. In addition, all ACE amount le
badges while working on site. The Sponsor and ACE Pyro, LLC will share in then responsibility to identifying mute that no
person enters the display setup area without a badge provided by ACE Pyro. LLC unless the person is approved,
escorted by and supervised by a member of the fireworks setup crew.
Should inclement weather force the cancellation of the show on Sunday, the sponsor shall cover the additional ex-
penses reasonably incurred by shooting the show on an alternate date.
ACE Pyro, LLC will provide music with a PA and Low Power FM broadcast using equipment similar to 2004.
Respectfully submitted.
This proposal has been accepted b
Aaron Enzer
esident
sanalss
dal
13001 E Austin Rd I Manchester, MI 48158 1 877- 223 -3552 1 aaron@aacepyro.com
June 9, 2005
EXHIBIT A
The following are required and incorporated as conditions under the agreement
A. Federal Motor carrier number issued by the Federal Department of Transportation to transport
explosives.
B. Current Registration Certificate with the Research and Special Programs Administration of the
Department of Transportation to transport any quantity of explosives 1.3G (the designation of
fireworks displays).
C. MCS 90 endorsement for Motor Carrier Policies of Insurance for Public Liability under
sections 29 and 30 of the Motor Carrier Act of 1980 evidencing liability insurance coverage of
$5,000,000 to transport any quantity of 1.3G explosives.
D. Copy of required state license and certificate regulating storage and use of display fireworks.
E. General Liability Insurance Policy in the amount of S5,000,000 listing Village of Lemont,
Lemont Park District, Lemont Fire Protection District and Lemont - Bromberek School District
113 -A as coinsured.
1. No "shooter exclusions"
2. Under the Additional Insured section must show "cross liability exclusion does not
apply to additional insured ".
F. Provide evidence of workers compensation insurance for "fireworks exhibitions and drivers"
(code 9180).
G. Explosives storage certificate and or Illinois Explosives License issued by the Illinois
Department of Mines and Minerals pursuant to the Illinois Explosives Act.
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