HomeMy WebLinkAboutSpielbauer Fireworks Co A G R E E M E N T
THIS AGREEMENT made and entered into this oy day of April , 197 9 ,
by and between SPIELBAUER FIREWORKS CO. of
220 Roselawn Blvd., Green Bay, WC 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 resolution duly
adopted on the 19th day of April , 197 9 , accepted the bid of the first
party and authorized and directed the proper City officials to enter into an agree-
ment with the party of the first part for:
FIREWORKS DISPLAY FOR THE 4TH OF JULY
$2,416.25 Aerial & Finale Display
TOTAL BID: $3,250.00 808.75 Insurance, Firing the Display, Transportation
and all other charges
25.00 to be deducted from $3250.00 if fired July 4th as scheduled
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 without the written consent of the City;
and that this document including the specifications and bid , constitutes the entire
agreement between 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 $ aG nhmin , upon presentation of a proper voucher, and
delivery and acceptance by the City in conformity on said specifications and bid.
IN WITNESS WHEREOF, the parties hereto have caused this agreement 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 cor-
poration of partnership, the signing of this agreement shall constitute a warranty by
the person(s) so signing the proper authority so to do.
In the presence of:
SPIELBAUER FIREWORKS CO., Inc.
Signat - e .ffirb e roprietor, or name
or .rpor . fro, , p�`-rship
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P.es'de•t .r/'a -r
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CITY OF OSH SH
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r (4 4`mil/1L�' .. J6A-(!.e-/74.( BY if,/,,,___ Zr_c�-�J LAM D. FRUEH, City Manager
/ V ilt.1-C-1 By: `- - /t
CONVERSE AK Clerk
I hereby certify that the necessary
provisions have been made to pay the
Approved as to form liability that will accrue under this
contract:
6-.P JOH PENCE, i Attorne ''' �`` 1 �' 2,'-✓',
• Y Y EDWARD A. NODS, City Comptroller
❑ AMERICAN HOME ASSURANCE COMPANY ��
® NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. �T �Cpr�
❑ THE BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA
;. ❑ THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
102 MAIDEN LANE, NEW YORK, N.Y. 10005
This is to certify that the insurance policies specified below nave been issued by the company indicated above to the Insured named
herein and that,subject to their provisions and conditions,such policies afford the coverages indicated insofar as such coverages apply to the
occupation or business of the Named Insured as stated.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMMENDS, EXTENDS OR ALTERS
THE COVERAGE (S) AFFORDED BY THE POLICY (IE5) LISTED ON THIS CERTIFICATE.
Name of Insured: SP I ELBAUER FIREWORKS COMPANY, INC.
and Sponsors or Property Owners or Committees or Municipalities as Additional Insureds.
Address: 220 Roselawn Blvd . , Green Bay, Wisconsin 54301
Occupation or Business: Fireworks Displays - Contractor
Location of Operations:
Type of Work Covered: Fireworks Displays DATE OF DISPLAY:
Coverages Policy Effective Expiration Limits of Liability
Number Date Date
Workmen's Compensation Statutory
Bodily Injury Liability
Other than Automobile each
* Fireworks Display S137-85-31 5/1/79 5/1/80 $ OCOUffenCe
Liability
aggregate
Property Damage Liability
* Other than Automobile $ each
occurrence
Fireworks Display S137-85-31 5/1/79 5/1/80
L i a b i l i t y $ aggregate
Automobile Bodily Injury each
Liability
$ person
i I
$ each
occurrence
Automobile Property Damage '
Liability each
,$ occurrence
,x$300,000.00 Combined
1_ Single Limit
NOTE: In the event rain or I'n Tement wgaf er proigit this d sblay coverage will apply
on subsequent date on which display is held within the terms oflthis contract.
Cleanup and policing of the display area are the responsibility of the sponsor.
*Indicate in the space following the asterisk above the type or types of coverage afforded by the policy.
This Certificate Issued To:
Name SPONSOR:
Address
Date Authorized Repro , tP
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Department of Administration
Purchasing Division
P.O. Box 1130
Oshkosh, WI 54902
NOTICE TO VENDORS:
1 . We are submitting herewith for your consideration an invitation to bid on:
FIREWORKS DISPLAY FOR 4TH OF JULY
2. Bids must be addressed to Oshkosh Purchasing Division, Department of Admin-
istration, City Hall , Oshkosh, Wisconsin. Envelope shall show name of
bidder, and must be plainly marked in the lower left hand corner "Bid for
Fireworks Display".
3. Bids must be on file in the office of the Purchasing Agent no later than
10 :30 a.m. , C.S .T. , Tuesday, April 3, 1979.
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 calendar days
following bid opening date, unless the bidder(s) , upon request of the
Purchasing Agent, agrees to an extension.
6. Bids will be publicly opened and read at the hour an date above stated.
Award, if any, will be made as soon thereafter as practical .
7. A certified check, cashier' s check, or bid bond, payable to the City of
Oshkosh, Wisconsin, in an amount of five (5%) percent must accompany the
bid as a guarantee that if the bid is accepted, the bidder will execute
and file the proper contract within ten (10) days after award by the
Common Council and receipt of contract form for signature. Return of
certified check, cashier's check, or bid bond will be executed when the
contract is signed.
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 invit^,;ion to
bid, contact Donald LaFontaine, Purchasing Agent, Room 312, City HaH or
telephone (414)424-0265.
William D. Frueh
City Manager
PUB'J SH:
I4arcl 24 : 157
•
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 $3,250.00.
(The $3,250. 00 is to include the charge in case of postponement
which would likewise be deducted from the final invoice if such
postponement is not necessary. )
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 certificate,
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 conditions 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 transportating
the fireworks and mortars from the storage area to the
firing area.
MINIMUM SPECIFICATIONS (Continued)
3. The City of Oshkosh, if the Purchasing Agent' s office receives
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.
4. The fireworks company must assume all responsibility and liability
for both personal and property damage which may occur in connection
with the display and must entirely release the City of Oshkosh
and the employees of 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
company authorized to do business in the State of Wisconsin in
standard limits for personal injuries of not less than three
hundred thousand dollars ($300, 000. 00) for each accident and for
property damage in an amount of not less than twenty-five thousand
dollars ($25,000. 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
properly 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
impact 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 the Menominee Park
workshop. The shipment must reach Oshkosh by June 25th so
aerial display items may be checked by the Purchasing Agent, if
he so desires, to see that they conform to the list submitted.
10. Boxes of fireworks are to be plainly marked on the outside to
indicate 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.
MINIMUM SPECIFICATIONS (Continued)
11. The fireworks company is to furnish enough trained operators and
assistants to fire the show in 45 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 45 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 designated 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 Kraemer, Director of
Parks, at (414) 424-0280, one week before July 4th, informing him
of the time the operators will arrive n Oshkosh on July 4th. At
the designated time, on July 4th, the operators are to report to
Menominee Park, regardless of weather.
13. The fireworks display is to be fired, beginning promptly at 9: 15
p.m. , C.D.S.T. , the evening of July 4th. It is to be understood
that, should inclement weather or postponement for any other
reason prevent the firing of said display on July 4th, the program
will be given the next Thursday evening, July 5 th, at 9: 15 p.m. ,
C.D.S.T.
14. The City of Oshkosh will pay a charge for such postponement. The
amount of such charge shall be shown on the proposal sheet where
the charge in the event of postponement is requested. If there
is no need for a postponement, this amount shall be deducted from
the $3,250. 00 (total display cost in preparing tie invoice for
payment.
15. 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, Japanese shells , and your special variety of shells.
8 inch- "Yc ar sup :c , ed shells.
Larger .Si.zr-s Y: r suggested shells.
r
MINIMUM SPECIFICATIONS (Continued)
b. FINALE: All around a United States Flag set piece- 10 ' high
X 15' wide
Equivalent to at least 700 aerial flashlight salutes, special
artillery, assorted color star shells, fancy assorted shells-
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 that you would suggest.
16. After the display, the fireworks company' s employees must remove
all parts of shells not fired, gather up the motors, and clean up
debris that might cause an accident from partially exploded
pieces on the ground.
17. The Park Crew 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
transportation and cartage charges for sending them back to the
fireworks company.
PROPOSAL
FIREWORKS DISPLAY FOR 4TH OF JULY
We, the undersigned, propose to supply the fireworks, delivered
f.o.b. Menominee Park, Oshkosh, and fire the 1979 fireworks dis-
play, all in accordance with specifications and per our attached
detailed list of the shells and finale we will furnish, for the
price of $3250.00 (including the charge if the program is post-
poned because of inclement weather) .
For information only, we are supplying the following breakdown
of the above $3250.00 charge :
Cost of aerial display $
Cost of finale $
Insurance, services of operators to fire
the show, transportation charges, and all
other costs $
Charge to be paid by City in the event of
$postponement but to be subtracted from the
3250.00 if the display is fired on July
4th without the need of postponement $
TOTAL $ 3,250.00
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 the bid.
_ 1979
Date Address of Company
4-°
•
• PROPOSAL ;y
1
FIREWORKS DISPLAY FOR 4TH OF JULY
We, the undersigned, propose to supply the fireworks, delivered
f.o.b. Menominee Park, Oshkosh, and fire the 1979 fireworks dis-
play, all in accordance with specifications and per our attached
detailed list of the shells and finale we will furnish, for the
price of $3250.00 (including the charge if the program is post-
poned because of inclement weather) .
For information only, we are supplying the following breakdown
of the above $3250.00 charge :
Cost of aerial display $2 ,006.25
Cost of finale $ 410.00
Insurance, services of operators to fire
the show, transportation charges, and all
other costs $ 808. 75
Charge to be paid by City in the event of
postponement but to be subtracted from the
$3250.00 if the display is fired on July
4th without the need of postponement $ 25.00
TOTAL $ 3,250.00
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 Our 1979 Fireworks Catalog is being mailed
to you under separate cover.
The number of operators and assistants that we will have present to
fire this display will be 4
Spielbaue Fide orks Co. , Inc.
Name of
SUBMITTED BY: Paul . p /, auer -vice Pres.
ame and tle of pe.r son
making out the bid.
220 Roselawn Blvd.
March 14, 1979
1979 Green Bay, WI 54301
Date Address of Company