HomeMy WebLinkAboutSpielbauer Fireworks AGREEMENT
THIS AGREEMENT made and entered into this 17th day of May,
1985, by and between SPIELBAUER FIREWORKS CO., 220 Roselawn Blvd.,
Green Bay, WI 54301 party of the first part, and the CITY OF
OSHKOSH, a municipal corporation located in Winnebago County,
Wisconsin, hereinafter referred to as the "City", and party of the
second part.
WITNESSETH:
WHEREAS, the Common Council of the City of Oshkosh by reso-
luton duly adopted on the 16th day of May, 1985, accepted the
bid of the first party and authorized and directed the proper City
officials to enter into an agreement with the party of the first
part for:
Fireworks display for 4th of July, 1985,
Aerial & finale display; insurance, firing , etc .
according to the specifications and bid for same on file in the
office of the City Clerk.
NOW, THEREFORE, pursuant to said resolution of the Common
Council of the City of Oshkosh, the parties hereto agree as
follows:
1. That the party of the first part will furnish same to the
City, all in accordance with the specifications and bid on file in
the office of the City Clerk.
2. That no assignment of this agreement or of any rights
thereunder by said party of the first part, shall be valid with-out
the written consent of the City; and that this document including
the specifications and bid, constitutes the entire agreement be-
tween the parties hereto and that any understanding either oral or
written, not a part hereof shall not be binding on either party.
3. That in consideration thereof, the City will pay to the
first party the sum of $5,500.00 , upon presentation of a proper
voucher, and delivery and acceptance by the City in conformity on
said specifications and bid.
1
•
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be signed by the proper officers of each party and their
corporate seals to be hereunto affixed all on the day and year
first above written; then if first party is a corporation or part-
nership, the signing of this agreement shall constitute a warranty
by the person(s) so signing the proper authority so to do.
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PROPOSAL
FIREWORKS DISPLAY FOR 4th OF JULY, 1985
We , the undersigned , propose to supply the fireworks , delivered ,
F.O .B . , Menominee Park , Oshkosh , Wisconsin and fire the 1984 fire-
works display , all in accordance with specifications and per our
attached detailed list of the shells and finale we will furnish,
for the price of $5 ,500 .00 .
For information only , we are supplying the following breakdown of
the above $5 ,500 .00 charge :
Cost of aerial display $ $3 , 733 . 38
Cost of finale $ $583 . 75
Insurance , services of operators to
fire the show, transportation charges ,
and all other costs . $ $1 , 182 . 87
TOTAL $5 ,500 .00
We have attached the list of aerial shells and the finale that we
will furnish in this display by name , size , number , and detailed
description of each, as requested in number 4 of General Conditions .
yes X no Also enclosed is our 1985 Fireworks Catalog .
The number of operators and assistants that we will have present to
fire this display will be 4
SPIELBAUER F -: 'KS CO. , INC.
NAME OF C,OMPAN/ 1
A
SUBMITTED BY C -
NAME AND TIT OF PERSON MAKING OUT BID
Paul C. Spi lbauer - Pres .
April 30, 1985 1985 220 ROSELAWN BLVD. , GREEN BAY, WI 54301
DATE ADDRESS OF COMPANY
F�
PURCHASING DIVISION
NOTICE TO VENDORS :
1 . We are submitting herewith for your consideration an invita-
tion to bid on:
FIREWORKS DISPLAY FOR 4th OF JULY 1985
2 . Bids must be addressed to Oshkosh Purchasing Division, P.O. Box
1130 , City Hall , Oshkosh, Wisconsin 54902 . Envelope shall show
name of bidder , and must be plainly marked in the lower left
hand corner "Bid for Fireworks".
3 . Bids must be on file in the office of the Purchasing Agent no
later than 10 : 30 a.m . , C .D.S .T. , Friday , May 10 , 1985
Any bids received after that hour and date will not be opened and
will be returned to the bidder unread.
4 . A written request for the withdrawal of a bid or any part thereof
may be granted if the request is received by the City prior to the
specified time of opening .
5 . All formal bids submitted shall be binding for thirty-five (35)
calendar days following bid opening date , unless the bidder(s)
upon request of the Purchasing Agent , agrees to an extension.
6 . Bids will publicly opened and read at the hour and date above
stated. Award, if any , will be made as soon thereafter as practica:
7 . Although no certified check , cashier 's check , or bid bond must
accompany the proposal , if the bid is accepted , the bidder must
execute and file the proper contract within ten ( 10 ) days after
award by the Common Council and receipt of the contract form for.
signature .
8 . The City reserves the right to reject any and all bids and to
waive any informalities in bidding.
9 . For specifications and further information concerning this
invitation to bid , contact Donald La Fontaine , Purchasing Agent ,
Room 312 , City Hall or telephone (414) 236-5100 .
William D. Frueh
City Manager
PUBLISH: April 30 , 1985
CITY HALL - 215 CHURCH AVENUE - P .O . BOX 1130 - OSHKOSH , WI 54902
GENERAL CONDITIONS
1 . Our needs are for an aerial display and a finale . Rather than
supplying a specific list of aerial shells and asking for the
low bid on those requirements , we are asking for the best program
of aerial shells , finale , and insurance , firing, transportation,
and all other costs , that you can offer for a total of $5 , 500 .00 .
2. Proposals shall be submitted on the sheets provided by the City
of Oshkosh and proposals not submitted on these forms will not be
read .
3 . All prices shall be delivered f.o .b. , Oshkosh , Wisconsin , with all
Federal Excise and Wisconsin Sales Taxes deducted . The City is
exempt from these taxes and will furnish proper exemption certif-
icate , if requested by the successful bidder .
4 . A complete list of the aerial shells that the fireworks company
will furnish for this display shall be mailed to the Purchasing
Agent with your bid . These are to be listed by your latest catalog
name (such as Confetti Shells , Weeping Willow, Butterfly , etc . ) and
such list shall show their size (4" ,6" , etc . ) the number of each
that will be in the display , and a detailed description of how
often and what we can expect to see when they break. The finale
is to be especially explained in detail so we will know what to
expect to see or happen.
MINIMUM SPECIFICATIONS
FIREWORKS DISPLAY
1 . The City of Oshkosh will furnish sufficient space at Menominee Park
for the proper firing of the display. (It will be fired on the east
perimeter of the breakwater of the settling basin. In the interest
of safety , the exact location is to be determined by weather condit-
ions prevailing on the day of the firing) .
2. The City of Oshkosh will furnish :
a. at Menominee Park , adequate dry space to store the aerial shells ,
mortars , and finale .
b. the necessary police and fire protection while the show is being
fired .
c . an adequate form of transportation to the firing area .
d . the services of two park men to assist in placing mortars and
to aid the fireworks company operators in transporting fire-
works and mortars from the storage area to the firing area .
3 . The City of Oshkosh , if the Purchasing Agent ' s office receives your
your invoice by the Tuesday of the second week of July , will mail
a check in payment for the display to the fireworks company the
Friday after the Common Council meeting on the third Thursday of
July.
MINIMUM SPECIFICATIONS (Continued )
4 . The fireworks company must assume all responsibility and liability
for both personal and property damage which may occur in connect-
ion with the display and must entirely release the City of Oshkosh
from all liability and claims for damages arising from such display.
5 . The successful bidder shall furnish a policy of an insurance com-
pany authorized to do business in the State of Wisconsin in stand-
ard limits for personal injuries of not less than five hundred
thousand dollars ($500 ,000 .00 ) for each accident $1 ,00-0 ,000 .00
per occurence , and for property damage in an amouht of not less
than five hundred thousand ($500 ,000 .00 ) .
6 . A certificate of insurance for such coverage must be on file with
the City Purchasing Agent by June 15th so it can be approved by our
City Attorney. Said insurance policy shall be effective for ten.
( 10 ) days after date of display.
7. The fireworks company shall also carry and furnish proper evidence
to show that the persons they hire to fire this display are pro-
perly covered by workers ' compensation insurance in an insurance
company authorized to do business in the State of Wisconsin so
the City will be held blameless in the event of an injury to those
employees .
8 . The fireworks company' s bid shall include furnishing all necessary
portfires , torches , fusees , or flares for igniting the display .
Mortars for firing aerial shells shall be of metal and shall be
sufficiently long and strong in construction to withstand the im-
pact of bursting shells and to raise the shells for high bursting.
9 . The fireworks company is to pay all transportation and cartage
charges for the delivery of the fireworks to Menominee Park. The
shipment must reach Oshkosh by June 25th so aerial display items
may be checked to see that they conform to the list submitted .
10 . Boxes of fireworks are to be plainly marked on the outside to in-
dicate the contents of each box. A copy of a typewritten list of
the contents is to be placed in an envelope inside of each box.
11 . The fireworks company is to furnish 4 trained operators and assist-
ants to fire the show in 20-25 minutes . We would like two or three
shells bursting in the air at a time and no drawn out moments of
waiting between shells . Rather than a long , drawn-out program, we
want a good 20-25 minute display.
12. To allay any worries on the part of the Director of Parks , so he
can plan the work of his crew accordingly, and so Police and Fire
Departments can make proper arrangements , the chief operator , who
has been disignated by the fireworks company to be responsible for
the firing of our show, is to be notified by the fireworks company
to personally contact or call Boyd Kramer ' Asst . City Manager , at
(414 ) 236 - 5080, one week before July 4th , informing him of the time
the operators will arrive in Oshkosh on July 4th. At the designated
time , on July 4th , the operators are to report to Menominee Park ,
regardless of weather. This is very important , as the park will
be closed to vehicular traffic , therefore special passes will be
required for access to the park.
13 . The fireworks display is to be fired , beginning romptly at
dusk or 9 : 15 p .m. , C .D.S .T , the evening of July 4th. It is
to be understood that , should inclement weather or postpone-
ment for any other reason prevent the firing of said display
on July 4th, the program will be given the next evening, Friday
July 5th , at 9 : 15 p.m. , C.D.S .T .
14 . The Oshkosh public has come to appreciate the larger multiple
break shells . The vendor should be aware of this request .
The display is to consist of the following fireworks :
a . AERIAL SHELL ASSORTMENT: with lifting charge to raise the
shells as high as possible for high bursting.
No 9 inch circumference shells are to be in the aerial
assortment .
4 inch diameter- Colored star shells , flash reports , multiple
break shells , Japanese , Italian , and German special varieties
of shells .
5 inch- Colored star shells , flash reports , multiple break
shells , Japanese , and German special varieties of shells .
6 inch- Colored star shells , flash reports , multiple break
shells , and your special variety of shells .
8 inch- Your suggested shells .
Larger Sizes- your suggested shells
b . FINALE:
Equivalent to at least 700 aerial flashlight salutes , special
artillery, assorted color star shells , fancy assorted shellsT
such as peacock plumes , comets , stickless rockets , battle and
special repeating flash reports , chained together in groups
and timed for simultaneous firing. Or an even better finale
you would suggest .
15 . In addition to the suggested list of shells , the vendor shall
submit a list of communities that he presently or previously
has served in the last several years . (1981 -1983 ) . The City
will consider his business reputation , quality of show, prompt-
ness of employees and other intangible factors in awarding the
bid .
16 . After the display, the fireworks company ' s employees must remove
all parts of shells not fired , gather up the mortars and clean up
debris that might cause an accident from partially exploded pieces
on the ground .
17 . The Park Department will clean up the balance of the littered paper
and will fill the holes to prevent accidents .
18 . In the event the fireworks company ' s employees do not take the
mortars back with them, the fireworks company is to pay all trans-
portation and cartage charges for sending them back to the fire-
works company.
PROPOSAL
FIREWORKS DISPLAY FOR 4th OF JULY , 1985
We , the undersigned , propose to supply the fireworks , delivered ,
F.O.B . , Menominee Park , Oshkosh, Wisconsin and fire the 1984 fire-
works display , all in accordance with specifications and per our
attached detailed list of the shells and finale we will furnish ,
for the price of $5 ,500 .00 .
For information only , we are supplying the following breakdown or
the above $5 ,500 .00 charge :
Cost of aerial display $
Cost of finale $
Insurance , services of operators to
fire the show, transportation charges ,
and all other costs . $
TOTAL $5 ,5 00 .00
We have attached the list of aerial shells and the finale that we
will furnish in this display by name , size , number , and detailed
description of each , as requested in number 4 of General Conditions .
yes no
The number of operators and assistants that we will have present to
fire this display will be
NAME OF COMPANY
SUBMITTED BY:
NAME AND TITLE OF PERSON MAKING OUT BID
1985
DATE ADDRESS OF COMPANY