Ordinance No. 8,573990422 -9
ORDINANCE NO. 8573
AN ORDINANCE ACCEPTING THE PROPOSAL OF ZAMBELLI FIREWORKS
MANUFACTURING COMPANY, INC., FOR THE ANNUAL FIREWORKS DISPLAY
CONTRACT FOR THE CITY OF BAYTOWN'S JULY 4' CELEBRATION AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTEEN
THOUSAND AND NO /100 DOLLARS ($15,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, the City Council of the City of Baytown did authorize the Purchasing Department for the City
of Baytown to request proposals for the annual fireworks display contract for the City's July 4`h Celebration to be
received March 30, 1999; and
WHEREAS, a request for proposal was published pursuant to all applicable provisions of the Charter of the
City of Baytown and state law; and
WHEREAS, Zambelli Fireworks Manufacturing Company, Inc., timely submitted a proposal satisfactory to
the City of Baytown; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby accepts the proposal of Zambelli
Fireworks Manufacturing Company, Inc., for the annual fireworks display contract for the City's July 4`h Celebration
for the sum of FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00), and authorizes payment thereof. A
copy of said contract is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes.
Section 2: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the
City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in
costs of FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00) or less, subject to the provision that the
original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than
twenty-five percent (25 %) without the consent of the contractor to such decrease.
Section 3: This ordinance shall take effect immediately from and after its passage by the City Council
of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this
the 22nd day of April, 1999.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
a
AC[O RAMIREZ, SR., i ttorney
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F I R E W O R K S
INTERNATIONALE
March 29, I999
City of Baytown
Purchasing Department
2123 Markec Screec
Baytown, TX 77520
Dear Sir /Madan.
I would like to thank you for the opportunity of subnurring our proposal for your 1999 fireworks program_
Our proposal has been submitted in accordance with die specifications as outlined, and it certainly would be a
Pleasure hosting your program this coming season, Should it be necessary for us to alter or modify this proposal
in any way, I can assure you char dhi.s would not be a problem on our behalf.
As an exclusive manufacturer of pyrotechnics, we offer you the opportunity of buying direct. We will assure
you of a trademark brand, plus provide you with the utmost in service and the finest of insurance protection.
You will notice, I have enclosed with our proposal a specimen Certificate of Insurance for your review. If
additional insurance irfoanatioa is necessary, please contact our office immediately.
There will be a cancellation charge of S %.
I have enclosed our company brochure along with other reference material that I am sure you will find very
informative- Zambclli Inctmationalc Fireworks was proud to hose the fireworks extravaganza "Thunder Over
Lohusvd1c /Tic Opening Ceremonies" for the Kentucky Derby on April I8, 1998_ The program was set up on
eight barges and fired from four locations simultaneously on the Ohio River. Zarnbdli Internarionalc is also
proud to announce that we exhibited a display in Sc. Louis on fanuary 27, 1999 for the Papal;Visic of Pope
John Paul Il and on January 31, I999 provided the fireworks. for the Super Bowl XXX,.1I1 Halfrimc
Celebration!
Once again, I would like to t6nk you for the opporminiry of submitting our proposal for your 1999 fireworks
display. We look forward to staying iri touch With you, and above all, we will look forward to working with
You.
w.�.w.zM..cu�rw cw13oxs.col+ RJT /)dP
Yours VMY Emily,
ZAMBELLI FIREWORKS IIG. CO., INC.
hV
/Rob etc J. Tu
Gar. Z:unbelli Couhpany Brochure. Bid Forms, Specimen Certificates of Insurance, Proposal and Synopsis
EXHIBIT A
_Q
*TE'xA5*
PROPOSAL TITLE: ANNUAL FIREWORKS
DISPLAY CONTRACT
PROPOSAL NUMBER: 036-99
PROPOSAL OPENING DATE 2:00 P.M.:
PNIARCH 30, 1999
Proposer Most Fill In &Sign
Name of Firm, Company
ZAM3ELLI FIREWORKS MFG. CO., INC.
Agent's Name
GEORGE R. ZAMBELLI
Agent's Title
PRESIDENT
Mailing Address
20 S. MERCER STREET
City State Zip
NEW CASTLE, PA 16101
Telephone
724 -658 -6611
AUTHORIZED SIGNATURE
FAILURE TO MANUALLY SIGN MAY
DISQUALIFY PROPOSAL.
PROPOSER AGREES TO COMPLY WITH ALL CONDITIONS BELOW, ATTACKED SPECIFICATIONS, AND NOTE
PROPOSER HAD READ AND AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS ON BACK OF INVITATION FO
PROPOSAL. PURCHASES MADE FOR CITY USE ARE EXEMPT FROM THE STATE SALES TAX AND FEDERAL EXCIS
TAX. DO NOT INCLUDE TAXES fN YOUR PROPOSAL. PROPOSER GUARANTEES PRODUCT OFFERED SHALL MEET O
FxrFFn NITNIMUNl cvFrrF1rs•nnN IDENTIFIED IN THIS INVITATION FOR PROPOSAL.
SHIPMENT DESTINATION I BICENfENNWL PARK, MARKET STREET, BAYTOWN, TEXAS 77520
ITEM NO.
ITEM AND DESCRIPTION
QUANTITY
UNIT PRICE
EXTENSION
ANNUAL FIREWORKS DISPLAY
CONTRACT, per attached specifications,
for 4`" of July (to be held July 3rd)
1.
Labor and any other necessary materials to
1 LOT
$ 2S-�
perform Firework's Display Service.
Complete Labor Cost & Materials.
2.
Fireworks — Display program outlined in the
1 LOT
S
attached specifications. Proposer shall list
each shell and all fireworks furnished for
display. Proposer shall meet or exceed
minimum quantities of all fireworks listed
GRAND
TOTAL:
$ ��-
in order to be considered for award of
proposal.
•ALL PROPOSERS SHALL MEET OR EXCEED THE MIMMUM SPECIFICATIONS TO 1
CONSIDERED AS A VALID PROPOSAL. THE CITY OF BAYTOWN RESERVES THE RIGHT I
ACCEPT OR REJECT ALL OR ANY PART OF ANY PROPOSAL, WAIVE MIN(
TECHNICALITIES AND AWARD THE PROPOSAL TO BEST SERVE THE INTEREST OF TI
CITY OF BAYTOWN.
TERMS AND CONDITIONS
I. The City of Baytown will accept sealed proposals Monday through Friday, 8:00 am. — 12:00 p.m. and 1:00 p.m. — 5:00 p.m. Purchasing
Department is closed from 12:00 p.m. to 1:00 p.m. Proposals must be received by the PURCHASING MANAGER and in the PURCHASING
DEPARTMENT before the specified hour and date of the opening. At that time the proposals will be publicly opened and read aloud.
2. All proposals should be submitted on the original forms provided, with one copy. Each proposal and its copy should be placed in the
orange envelope provided and properly identified.
3. Late proposals properly identified will be UNOPENED. Late proposals will not be considered under any circumstances.
4. Proposals CANNOT be altered or amended after opening time. Any alterations made before opening time must be initialed by Proposer
or his authorized agent. No proposal may be withdrawn after opening without approval, and based on a written acceptable reason.
5. The City of Baytown reserves the right to revise or amend the specifications prior to date set for opening proposals. Such revisions or
amendments, if any, will be announced by amendments or addendum to these specifications. Copies of such amendments or addendum so issued
will be furnished to all prospective Proposers. If Proposer demonstrates just reason for a change, the City of Baytown must have at least five
working days notice prior to proposal opening date.
6. Should Proposer find discrepancies in or omissions from the specifications or other documents or be in doubt as to their meaning,
Proposer should at once notify the Purchasing Department and obtain clarification prior to submitting a proposal.
7. QUOTE F.O.B. destination. Price should include all costs including shipping, handling, and other related costs. Proposal unit price on
quantity specified — extend and show total. In case of errors in extension, UNIT prices shall govern. Proposals subject to unlimited price
increases will not be considered.
8. Proposal offered shall be valid for ninety (90) days from opening date.
9. The City of Baytown is exempt from taxes. DO NOT INCLUDE TAX IN PROPOSAL_
10. The City of Baytown reserves the right to terminate this contract for any reason by notifying the Contractor /Supplier in writing thirty
(30) days prior to the termination of this agreement.
11. Proposer MUST give full firm name and address. FAILURE TO NIANUALLY SIGN PROPOSAL SHALL DISQUALIFY IT.
Person signing proposal should show TITLE or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. Authorized signature should appear on
each page of the proposal, in the space provided.
12. Any catalog, brand name or manufacturer's reference used in proposal invitation is descriptive — NOT restrictive — it is to indicate type
and quality desired. Proposals on brands of like nature and quality will be considered. If proposalding on other than reference specifications,
Proposer must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered,
illustrations and complete description should be made part of the proposal. If Proposer takes no exceptions to specifications or reference data, he
will be required to furnish brand names, numbers, etc., as specified. All items proposal shall be new, in first class condition and manufacturer's
latest model and design including containers suitable for shipment and storage, unless otherwise indicated in proposal invitation. Verbal
agreements to the contrary will not be recognized.
13. If the brochure or information included with your proposal does not exactly describe the item to be furnished, then notes in the
"PROPOSER'S PROPOSAL" column must explain the difference. A check mark in this column signifies that your proposal does meet or
exceed the stated specifications. If such a check mark conflicts with the brochure or information furnished, Proposer shall document under
separate cover the reason for the differences.
14. NO substitutions or cancellations permitted without written approval of the City of Baytown.
15. All Proposers must meet or exceed the minimum specifications to be considered as a valid proposal. The City of Baytown reserves the
right to accept or reject all or any part of any proposal, waive minor technicalities and award the proposal to best serve the interests of the City of
Baytown. .
16. DELIVERY: Specifications indicate number of days required to place material in receiving department designated location under normal
conditions. A difference in delivery promise may break a tie proposal. Unrealistically short or long delivery promises may cause proposal to be
disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from proposal list. Delivery shall be made
during normal working hours only, 8:00 am. to 5:00 p.m. unless prior approval for late delivery has been obtained.
17. Consistent and continued tie proposalding could cause rejection of proposals by the City of Baytown and/or investigation for Anti -Trust
violations.
18. The Contractor /Supplier agrees to protect the City of Baytown from claims involving infringement of patents or copyrights.
19. Purchase order number should be on original invoice and invoice sent to the City of Baytown, PO Box 424, Baytown, TX 77522 -0424;
Attn: Accounts Payable.
20, The City of Baytown shall pay for the product/scrvicc within thirty (30) days of receipt and acceptance. Acceptance by the City of
Baytown shall constitute all items proposal being received and in good working order to the City of Baytown's satisfaction.
PRICE REVISION CLAUSE — ANNUAL CONTRACTS
The City of Baytown desires firm prices for the full contract period. It is recognized by the City of Baytown that qualified Proposers may be
unwilling to guarantee each category of unit prices during the entire period of this contract because of price changes from the Proposer's source
of supply.
NOTE: TI•IE CITY OF BAYTOWN MUST HAVE THIRTY (30) DAYS WRITTEN NOTICE PRIOR TO ANY INCREASE OR DECREASE
OF EXISTING PRICES.
In such instances, an ASTERISK (') shall be placed by the item or items which the Proposer is unwilling to guarantee the price for the full
contract period, and the partial period of the contract term during which the Proposer will guarantee the unit price changes due to increases or
decreases in cost from the Proposer's source of supply during the term of the contract.
INCREASES
Permissible price revisions in any event shall not exceed the actual unit cost or percentage cost revisions from the Proposer's source of supply. It
will ordinarily be the policy of the City of Baytown to accept price increases which have been noted in the proposal proposal, when the amount
of such increase is reasonable and does not exceed the limit set out in the preceding sentence. However, the City of Baytown reserves the right to
obtain a diflcrent sours or sources to such item or items which have been increased in price.
DECREASE'S
If a vendor does take advantage of this "Price Revision Clause" the City of Baytown will expect any decreases in cost from the Proposer's source
of supply during the term of the contract to lower the city's price for such item or items.
CITY OF BAYTOWN
ANNUAL FIREWORKS DISPLAY CONTRACT
PROPOSAL NUMBER: RFP- 036 -99
INTRODUCTION:
The intent of this proposal is to enable the City of Baytown to acquire a Fourth of July Fireworks Display
Program which meets or exceeds the minimum specifications within this proposal. All suppliers are
invited to submit a proposal. The City of Baytown shall have the right to reject any or all proposals and,
in particular, to reject a proposal not accompanied by minimum data specifications as required by the
proposal documents or a proposal in any way incomplete or irregular. The City of Baytown shall have the
right to waive any informality or irregularity in any proposal received.
EVALUATION CRITERIA:
Contractors shall be aware that the City of Baytown will review the proposals with particular weight to:
A. Conformity to Specifications
B. * Reliability/References
C. Approved Standards
D. Display Program offered including firing method
E. Minimum Fireworks Requirements
F. Contingency plan for cancellation of display program.
SCOPE:
The Fourth of July Fireworks Display Program shall be performed in a continuous display from 9:15 p.m.
to 9:45 p.m. on July 3, 1999, at the Bicentennial Park, Baytown, Texas. A detailed display program with
minimum fireworks is included in the attached specifications.
The City of Baytown has budgeted a total of $15,000.00 maximum cost for the Fourth of July Fireworks
Display Program. The program shall conclude with a Grand Finale. All labor and any other necessary
materials to perform the fireworks display program and cost of all fireworks inclusive of Grand Finale
fireworks and display material, and any other related costs shall be included in the total budgeted amount
of $15,000.00. Any clean -up cost shall also be included in this price.
It is the intent of the City of Baytown to award this proposal to the proposer providing the most elaborate
fireworks display program with Grand Finale meeting all minimum requirements to not exceed the
budgeted cost of $15,000.00.
PROPOSAL REQUIREMENTS:
All proposals shall meet or exceed minimum specifications to be considered as valid proposals. All
proposals received in response to this invitation shall become the property of the City of Baytown, and
shall be retained in its file, and by reference become part of any formal agreement with the City.
Receipt of a proposal by the City does not in and of itself constitute a contract with the City and accepts
® no responsibility or liability for any cost incurred in the preparation and /or submission of such proposal.
After award of proposal, all proposals shall be open for public inspection.
Failure to respond to any portion of this proposal, unless otherwise provided for may result in a reduction
of the total numerical graded value and possible rejection of the complete proposal from further
consideration.
INCLUSIONS:
The invitation to Proposal, Proposer's Certification, Terms and Conditions, and a list of quantities and
types of all fireworks, as well as a description of the Grand Finale, shall be included as part and body of
these specifications.
SCHEDULE OF AWARD:
After receipt of proposal, it is the intent of the City of Baytown to evaluate the proposals to secure the
best and final proposal to meet this Request for Proposals Contract Schedule for Award.
The proposed contract shall be presented to City Council for its consideration of approval May, 1999.
BUSINESS ESTABLISHMENT:
The supplier must provide proof of business establishment for the past, consecutive four (4) years.
STANDARDS:
The company shall keep informed of, and comply with all applicable laws, ordinances, rules, regulations
and orders of the City, County, State, federal or other public bodies having jurisdiction affecting the
work. The Company shall provide all necessary safeguards for safety and protection as set forth by the
US Department of Labor, Occupational Safety and Health Administrations. Violations will be corrected
at Company's expense. The Company will pay for all applicable royalties, permits, and license fees and
defend all suits and claims of infringements of any rights.
CONTINGENCY PLAN FOR INCLEMENT WEATHER:
Proposer shall present a contingency plan for inclement weather, which plan shall include the right of the
City to audit the records of the proposer as the same pertain to the City of Baytown's fireworks display on
the 3`d of July and the right of the City to demand that all such records be provided to the City at the
proposer's sole cost and expense. The City of Baytown shall not have a re -fire date for any cancellations
of the Display Program.
The City of Baytown shall not be responsible for any expenses incurred by proposer or any expenses of
the program for any cancellations or no -shows caused by proposer of the fireworks display program. A
cancellation or no -show caused by the proposer shall result in liquidated damages being assessed against
the proposer, which shall become due and payable within thirty (30) days after an invoice therefore from
the City of Baytown.
The City of Baytown shall have the right at any time to cancel the fireworks display. If the City elects to
do so, the Proposer shall be subject to the same contingency plan agreed to for inclement weather.
Proposer shall clearly outline all costs incurred and/or any percentage charges to the City of
Baytown for any decision to cancel by the City of Baytown.
WARRANTY:
The Contractor shall guarantee all material, workmanship. All Guarantee must be provided in writing,
and must be signed by an authorized officer of the company.
CITY OF BAYTOWN
- SPECIFICATIONS -
ANNUAL FIREWORKS DISPLAY CONTRACT
PROPOSAL NUMBER: RFP- 039 -99
SPECIFICATIONS (MINIMUM):
SCOPE: The City of Baytown seeks competitive proposals for fireworks, materials and service
necessary for its yearly 4`h of July Fireworks Display Program. The purpose of these specifications is to
describe the minimum requirements of the City of Baytown for an annual Fireworks Display Contract. A
special finale shall be required to enhance the entire 4th of July Fireworks Program (to be held on July
3 d). Proposer shall provide a Fireworks Display program and Grand Finale meeting all specifications to
not exceed a budgeted cost of $15,000.00.
REOUIREMENTS: Any variance in any item must be specified clearly under the Proposer's Proposal by
Proposer in order to have a valid proposal. Proposer shall transfer lot totals to the Invitation to Proposal.
Proposer must proposal the minimum number of fireworks in order to have a valid proposal.
SECTION I — Labor and any other necessary materials to perform FIREWORKS DISPLAY
PROGRAM:
DESCRIPTION: Proposer shall indicate on the Invitation to Proposal the total cost for labor and any
other necessary materials to perform the Fireworks Display Program service on July 3, 1999. This display
shall be continuous from 9:15 p.m. to 9:45 p.m., July 3, 1999. Pricing for this service shall include a
trained firing team which will set up, fire, and dismantle the display. The City of Baytown shall not
have a" re -fire date for any cancellations of the Display Program. Proposer shall perform display as
outlined in attached program. Proposer shall describe in detail program proposal and any variation of
program proposal.
GRAND FINALE: The Proposer shall include a grand finale to fireworks display program. It is
suggested that a grand finale shall include an artillery barrage (minimum 500 shots), and opening titanium
salute barrage (minimum 60 shots). However, Proposer may propose recommendation for a grand finale
and outline plan and number of fireworks to be used. The grand finale shall be in addition to the
minimum requirements for fireworks.
LOCATION: The Fireworks Display Program shall be performed at the Bicentennial Park, Baytown,
Tx.
RULES AND REGULATIONS: The successful Proposer shall comply with all rules and regulations set
forth by the Texas Fire Marshall's Office and must have a Texas Manufacturer or distributors license
which has a Texas number. In addition, Proposer shall include name of Licensed Pyrotechnician with
State of Texas performing display and their qualifications for such service. All of the above will be
verified with the Texas Fire Marshal's Office prior to award of proposal. Proposer shall list as follows:
A. License Number:
B. List Pyrotechnicians names that will perform services:
e
DISCHARGE OF FIREWORKS: Fireworks shall be discharged by use of an electronic control panel.
(electronically discharged)
SECTION II — FIREWORKS (Items 41 - 33)
DESCRIPTION: Minimum fireworks to be used in display program are described in detail in the
quantities listed on the attached Fireworks Display Program. All Proposers shall propose a minimum
number of fireworks described for the July 4th program in order to be considered for award of proposal.
Proposer shall indicate if any minimum order requirements are necessary to obtain pricing proposal.
Proposer shall enter total cost for all fireworks' for Fireworks' Price List as a lot on the Invitation to
Proposal.
Proposer shall indicate origin of shells, ie., Japanese, US, Europe, Tiawanes_e, or Chinese.
ORIGIN OF SHELLS:
Pr000ser shall describe in detail program presentation.
Proposer is invited to visit site for City of Baytown July 4th Firework Display in order to determine visual
options for shells proposal. Please contact Yvette Reyes at 281 - 420 -6593 for appointments.
DELIVERY: Proposer shall outline delivery plan for Fireworks' Display Program. It shall be Proposers
responsibility to have fireworks delivered the same day as the Fireworks Display Program
ACCEPTANCE AND NONCONFORMING STANDARDS: All deliveries shall be accepted subject
to inspection, count, and/or testing. A waiver on one occasion does not constitute a waiver on future
occasions.
PENALTY: Proposer shall.take into consideration that the City of Baytown reserves the right to
manually count all Fireworks prior to display at time of delivery. Price per shell may be deducted from
Proposer's'invoice for any shells not received or shells not fired or misfired.
WARRANTY: Proposer shall provide warranty or guarantee offered for products or service if any
available.
EVALUATION CRITERIA: The award of proposal shall be based on the responsible proposer that
proposes the most elaborate fireworks display program and grand finale meeting or exceeding minimum
fireworks required not to exceed the total budgeted amount of $15,000.00.
Consideration shall be given for previous service, references, safety record, etc. Consideration shall be
given for program design, enhancement to minimum requirements, and grand finale. All proposers shall
is be required to exceed minimum requirements.
All proposers are to itemize each type of shell proposed and quantity of each shell.
The City of Baytown reserves the right to accept or reject all or any part of any proposal, waive minor
is
' 9
technicalities and award the proposal to best serve the interest of the City of Baytown.
REFERENCES: Each proposer shall provide a minimum of three (3) references of customers. with
whom proposer has performed fireworks display services for within the last three (3) years. The list shall
include the customer's name, address, telephone number, and the name of an individual to contact.
INSURANCE REQUIREMENTS: PROPOSER SHALL INCLUDE CERTIFICATE OF
INSURANCE WITH THE INVITATION TO PROPOSAL. PROPOSER OR PROPOSER'S
INSURANCE AGENT SHALL INCLUDE PROPOSAL NUMBER AND DESCRIPTION OF
PROPOSAL ON THE CERTIFICATE OF INSURANCE. THE COMPANIES AFFORDING
COVERAGE AND THE PRODUCER OF THE CERTIFICATE OF INSURANCE SHALL BE
LICENSED WITH THE STATE BOARD OF INSURANCE TO DO BUSINESS IN THE STATE OF
TEXAS.
The Proposer agrees to provide insurance as required by the City of Baytown, according to the type of
goods or service contractually provided the City of Baytown. The City of Baytown, hereinafter
referred to as the "City," shall be named as an ADDITIONAL INSURED on said policies of
insurance, as its interests may appear after award of proposal. Insurance should be provided within
ten (10) days of notification of acceptance of proposal. Propgser shall provide the City with a Certificate
evidencing the City of Ba own as ADDITIONAL INSURED for coverage after award of proppsal and
prior to receiving an order for purchase of equipment, the beginning of the demonstration period for
equipment, or initiation of contracted services. Proposer agrees to maintain said coverages of insurance.
Proposer shall give the City thirty (30) days notice of cancellation except for non - payment of premium.
In that case, ten (10) days notice is required. In the event that the contracted services are altered or
modified in any respects by the City, Proposer shall provide proof of insurance coverage as outlined in
this agreement to cover such additional or modified services. If the insurance policy is on a claims -made
basis, the Proposer agrees to make reasonable efforts to obtain an unlimited reporting endorsement from
their insurance carrier upon non - renewal or expiration of the policy.
CERTAIN OF THESE PROVISIONS MAY BE WAIVED OR MODIFIED WITH THE APPROVAL
OF CITY COUNCIL AT TIME OF AWARD.
INDEMNITY AGREEMENT:
The Contractor hereby agrees to and shall indemnify, hold harmless, and defend the
City, its officers, agents and employees from and against any and all claims, losses,
damages, demands, causes of action, suits and liability of every kind, including all
expenses of litigation, court costs and attorneys' fees, for injury to or death of any
person, for loss of use or revenue, or for damage to any property arising out of or in
connection with the actual or alleged malfunction, design or workmanship in the
manufacture of equipment, the fulfillment of contract, or the breach of any express
or implied warranties under this contract. Such indemnity shall apply where the
claims, losses, damages, causes of action, suits or liability arise in part from (i) the
joint negligence of the City and any other person or entity and /or (ii) the sole or joint
negligence of the contractor, its officers, agents and employees. It is the expressed
intention of the parties hereto, both Contractor and the City, that the indemnity
provided for in this paragraph is indemnity by Contractor to indemnify and protect
the City from the consequence of (i) the City's own negligence where that negligence
is a concurring cause of the injury, death or damage and (ii) the Contractor's own
0
•
negligence where that negligence is the sole or joint cause of the injury, death, or
damage. Furthermore, the indemnity provided for in this paragraph shall have no
application to any claim, loss, damage, cause of action, suit and liability where in
injury, death or damage results from the sole negligence of the City unmixed with the
fault of any other person or entity. In, the event any action or proceeding is brought
against the City by reason of any of the above, the Contractor agrees and covenants
to defend the action or proceeding by counsel acceptable to the City. The indemnity
provided for herein shall survive the termination or expiration of this agreement.
COMPLIANCE WITH LAWS: Proposer shall comply with all Federal and State laws and City
Ordinances and Codes applicable to the Proposer's operation under this contract. These Specifications
and the contract resulting herefrom shall be fully governed by the laws of the State of Texas, and shall be
fully performable in Harris County, Texas, where venue for any proceeding arising hereunder will lie.
SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail, or the
apparent omission from it of a detailed description concerning any point, shall be regarded as meaning
that only the best commercial practice is to prevail and that only material and workmanship of the finest
quality shall be used. All interpretations of specifications shall be made on the basis of this statement.
ASSIGNMENT: The successful Proposer may not assign, sell or otherwise transfer this contract without
prior written consent of the City Council of the City of Baytown.
SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these
requirements or specifications shall be held invalid, such holding shall not affect the remaining portions
of these requirements and the specifications and it is hereby declared that such remaining portions would
have been included in these requirements and the specifications as though the invalid portion had been
omitted.
NON- FUNDING CLAUSE: The City of Baytown's budget is funded on an October 1" to September
30`h fiscal year basis. Accordingly, the City of Baytown reserves the right to terminate this contract by
giving Proposer thirty (30) days written notice, without liability to the City, in the event that funding
for this contract is discontinued or is no longer available.
CONTRACT PERIOD: This contract is for the Annual July 4`h Fireworks Display to occur on July 3rd
1999,
PRICING: The price shall include all costs including labor, materials, service, shipping, handling,
delivery and any other related costs. All quotes shall be F.O.B. destination. Proposer shall include any
excise or environmental fees that may be charged. Proposer shall describe percentage ( %) of down
payment required and number of days prior to July 3, 1999, when payment is due.
INVOICE: Invoices shall be sent to:
CITY OF BAYTO WN
P. 0. BOX 424
Baytown, TX 77522 -0424
ATTM ACCOUNTS PAYABLE
PAYMENT: The City of Baytown shall pay the agreed contract price within 30 days of receipt of an
invoice therefore or after the services are performed, whichever occurs later.
PROPOSAL DELIVERY: The City of Baytown shall accept proposals Monday through Friday, 8:00
a.m. - 12:00 p.m. and 1:00 p.m. - 5:00 p.m. The Purchasing Department is closed from 12:00 p.m. to 1:00
p.m. Proposals must be received by the Purchasing Department and in the Purchasing Manager's office
before the specified hour and date of the opening. Proposer shall include one 1 copy with on inal
proposal. Proposal is to be placed in the orange envelope and properly identified.
The mailing address is:
The nhvsical address is:
Slh/RFP -039 -99
2!23/99
is
CITY OF BAYTOWN
PURCHASING DEPARTMENT
P.O. BOX 424
BAYTOWN, TX 77522 -0424
CITY OF BAYTOWN
PURCHASING DEPARTMENT
2123 MARKET STREET
BAYTOWN, TX 77520
SECTION II
FIREWORKS DISPLAY PROGRAM
k. 3 INCH SHELLS
1. 10 SALUTES
2. 10 COLOR STAR SHELLS
3. 10 FANCY STAR SHELLS
4. 5 EFFECT SHELLS
5. 10 CHINESE SHELLS
6. 10 TAIWAN SHELLS
7. I0 JAPANESE SHELLS
8. 4 SPECIAL EFFECT SHELLS
9. 4 MULTI -BREAK (2) SHELLS
04 INCH SHELLS
10. 10 COLOR STAR SHELLS
11. 8 FANCY STAR SHELLS
Aerial Salutes, Titanium Salutes with rising tail
"Sunny Brand"
Red, White, Blue Green, Yellow, Pink, Orange,
Purple, Combinations of the Above, and
variegated.
Blue & Citrus Orange Magnesium, Red & White
Magnesium, Red & Green Electric. White
Strobe, Purple & Gold Electric, Gold Electric.
Gold Flitter, Red & White Flitter, Blue & Gold
Flitter
Kamuro Spider Web, Weeping Willow, Bees,
Comets, Tremalon, Whistles, Silver Tiger Tails.
Green Peony with Red Heart, Glittering Gem,
Color Flower, Red Peony with Green Heart,
Silvery Swallow, Red Peony with Green Heart,
Wheat Harvest, Coconut Tree.
Red Chrysanthemum, Blue Peony, Gold
Spangle, Red to Blue Chrysanthemum, Green
Chrysanthemum, Red Peony, Blue to Glittering
Silver Peony, Red to Glittering Silver Peony,
Glittering Silver Chrysanthemum, Glittering
Silver Peony.
Purple Peony, Twinkling Gold Chrysanthemum,
Glittering Silver to Green, Reddish Gamboge to
Blue Chrysanthemum, Green Peony, Blue
Peony, Red Peony, Glittering Silver to Blue,
Glittering Silver to Bright Red.
Serpent and Star, Fish and Whistle, Whistle and
Star, Whistling Tracer. Blue Ring Shell, Red
Ring Shell, Ring with Crackling Pistil
Two Break Fancy Star Shells, One Break Fancy
Star Shell With Report.
Red, Green, Blue Yellow, White, Pink, Orange,
combinations of the above, and variegated.
Kaleidoscope Magnesium, Green & Gold
12. 6 EFFECT STAR SHELLS
13. 10 CHINESE SHELLS
14. 10 TAI WAN SHELLS
15. 8 JAPANESE SHELLS
16. 6 SPECIAL EFFECT SHELLS
17. 5 MULTI -BREAK (2) SHELLS
18. 4 MULTI -BREAK (3) SHELLS
5 INCH SHELLS
19. 4 COLOR STAR SHELLS
20. 15 EFFECT SHELLS
0
Electric, Bright Blue & Gold Electric,
Purple & Green Electric, Emerald Strobe &
White Strobe. Red & Gold Flitter, Green &
Gold Flitter
Comets, Spider Web, Weeping Willow, Red
Willow & Titanium Salute, Whistle, Red Palm
Tree with Golden Trunk, Green Palm Tree with
Golden Trunk, Crackling Flower, Crackling
Spider with Rising Tail.
Flower Bed, Winter Rose, Glittering Gem, Red
Silk, Lion's Roar, Green Peony with Red Heart,
Red and Blue Rings, Tricolor Ball, Gold
Sparkling Kamikazes, Silver and Coconut with
Silver Tail.
Red, Blue to Flash Chrysanthemum, Silver
Dahlia, Green to Red Chrysanthemum, Gold
Dahlia, Red Dahlia, Gold Spangle, Red Peony,
Blue Chrysanthemum, Red to Glittering Silver
Peony, Royal Flush Salute with Multiple Breaks.
Reddish Gamboge to Flickering Silver
Chrysanthemum, Glittering Silver
Chrysanthemum, Glittering Silver to Blue
Chrysanthemum, Glittering Silver to Green
Chrysanthemum, Reddish Gamboge to Flash
Chrysanthemum.
Whistling Tracer, Star and Report, Serpent and
Whistle, Fish and Whistle, Whistle and Star,
Ring with Crackling Pistil, Shell of Shells,
Crossette. Blue Heart Pattern, Red Heart Pattern,
Gold Strobe with Silver Tail.
Two Break Fancy Star Shells, One Break Fancy
Star Shell with Report.
Three Break Fancy Star Shells, Two Break-
Fancy Star Shells with Report.
Red, White, Blue, Green, Yellow, combinations
and variegated.
Spider Web, Tiger Tails, Golden, Red Five Point
Star, Palm Tree, Rings, White Five Point Star,
White Heart Pattern, Color Changing Strobe
Peony, Five Timed Blooming Flower, Silver
Ring with Blue Center, Blue Hourglass with
Gold Center, Silver Rain, Silver Bowtie with
Red Ring and Rising Tail, Rainbow Dahlia with
Rising Tail.
21. 10 CHINESE SHELLS
Silver Peony with Purple Heart, Brocade to Red
Chrysanthemum, Green Chrysanthemum, Green
Peony with Red Heart, Blue and Yellow Double
Rings, Lightning, Green Peony, Glittering Gem,
Red Chrysanthemum, Red and Green Double
Rings.
22. 9 TAIWAN SHELLS
Peony with Spangle Pistil, Tree Color Changing
Chrysanthemum with Glittering Silver Pistil,
Red Chrysanthemum, Glittering Silver to Flash
Diadem Chrysanthemum, Blue Chrysanthemum,
Royal Flush Salute with Multi- Break, Coconut
Tree, Flower Bouquet.
23. 8 JAPANESE SHELLS
Spangle Chrysanthemum, Kamuro
Chrysanthemum, Purple & Red Peony, Golden
Wave to Red & Green Chrysanthemum, Reddish
Gamboge to Blue Chrysanthemum, Glittering
Silver to Flash Chrysanthemum, Golden Wave
to Red & Purple Chrysanthemum.
24. 4 SPECIAL EFFECTS SHELLS
Weeping Willow, Half Red and Silver
Chrysanthemum with Rising Tail, Gold Strobe
with Silver Tail, Crackling Spider with Silver
Tail.
). 6 INCH SHELLS
25. 7 JAPANESE SHELLS Blue to Variegated Colored Peony, Reddish
Gamboge to Blue, Red, and Glittering Silver
Chrysanthemum or Diadem Chrysanthemum,
Red Peony with Silver, Tail, Glittering Silver
Wave and Blue Chrysanthemum, Twinkling
Effect Diadem Chrysanthemum.
26. 10 TAIWAN SHELLS Color Changing Diadem Chrysanthemum with
Drifting Small Assorted Color Flowers,
Whistling Silver Dragon and Comet Mine, Color
Changing Peony with Color Changing Double
Pistils, Blue, Red to Flash Chrysanthemum, Blue
Peony, Glittering Silver Peony.
27. 8 CHINESE SHELLS Silvery Peony, Flashing Golden Lights,
Sparkling Red Lights, Spring Prevails over the
Garden, Lion's Roar, Mountain Flowers in Full
0 28, 9 EFFECT SHELLS
29. 6 SPECIAL EFFECT SHELL
E. 8 INCH SHELLS
30. 4 TAIWAN SHELLS
31. 4 JAPANESE SHELLS
Bloom, Peacock Tail, Purple Chrysanthemum.
Half Red & Half Green Chrysanthemum, Gold
Bowtie with Blue Ring and Rising Tail, Silver
Bowtie with Red Ring and Rising, White
Twinkling Chrysanthemum with Rising Tail,
Rainbow Dahlia with Rising Tail, Golden Palm
Tree with Golden Trunk, Saturn & Ring,
Umbrella, Flat Chrysanthemum.
Thundering Chrysanthemum, Gold Flitter
Strobe, Gold Flitter Crossettes, Silver Flitter
Crossettes, Majestic Transformation Arch,
Golden Wave to Red to Blue Chrysanthemum
with Rising Tail, Red Gamboge to Green to
Purple Chrysanthemum with Silver Pistil.
Blue to Silver Chrysanthemum, Golden
Chrysanthemum, Green to Red Chrysanthemum,
Red to Glittering Silver Peony
1 Red & 1 Blue/Twice Blooming
Chrysanthemum, Glittering Silver
Chrysanthemum, Twinkling Gold
Chrysanthemum
±. PRIOR TO GRAND FINALE & GRAND FINALE
32. 280 FINALE SHELLS
33. 60 FINALE SHELLS
34. 18 FINALE SHELLS
35. 10 FINALE SHELLS
36. 8 FINALE SHELLS
GRAND FINALE
37. 300 SHOTS ARTILLERY BARRAGE
38. 60 SHOTS OPENING TITANIUM
SALUTE BARRAGE
•
Rapid Shots of 3 Inch Fancy Multicolored
Bouquet Shells.
Rapid Shots of 3 Inch Titanium SALUTES with
Rising Tail (Sunny Brand)
4 Inch Finale Chain Blooming Silver
Chrysanthemum
5 Inch Finale Chain Gold Palm Tree
6 Inch Finale Chain Artillery Titanium
Items #37 & 38 are suggested minimum
requirements. The Proposer shall outline grand
Finale plan and fireworks to be used.
CERTIFICATE OF INSURANCE REQUIREMENTS
X Commercial General Liability Policy (CGL)
Limits: General Aggregate: $1,000,000
Products /Completed Operations Aggregate: $1,000,000
Personal & Advertising injury: $1,000,000
Per Occurrence: $500,000
Fire Damage: $50,000
Coverage shall be at least as broad as ISO CG 00 01 10 93.
No coverage shall be deleted from standard policy without notification of individual
exclusions being attached for review and acceptance.
Additional Comments:
Garage Liability
Limits: Auto Only -Each Accident:
Other Than Auto Only - Each Accident:
Other Than Auto Only - Aggregate:
Business Automobile Policy (BAP)
Coverage for "Any Auto."
Limits: Combined Single Limit:
Workers' Compensation: Statutory Limits
Waiver of Subrogation Required: Yes / No
Employer's Liability:
Certificate of Insurance (prior to award of this proposal).
_X_.City of Baytown as Additional Insured on Liability Policies
_X AM Best Rating of A:VI or better.
X� Insurance licensed and admitted to dot business in the State of Texas.
_X_
X
Notice of Cancellation: 10/30/60/90
Liability policies will be occurrence form.
Other Requirements:
Certificate Holder: City of Baytown
P. O. Box 424
Days
Baytown, Texas 77522
ATTENTION: Purchasing Department
ANNUAL FIREWORKS DISPLAY CONTRACT
Proposal Number RFP 036 -99
Proposer shall include description and proposal number on certificate of insurance.
Slh /rW36 -99
283199
C7
•
PROPOSER'S CERTIFICATION
The 1985 Texas Legislature passed HB 620 relating to proposals by nonresident contractors. The
pertinent portion of the Act has been extracted and is as follows:
Section 1. (a)
(2) "Nonresident Proposer" means a Proposer whose principal place of business is not in this state, but excludes a contractor
whose ultimate parent company or majority owner has its principal place of business in this state.
(3) "Texas resident Proposer" means a Proposer whose principal place of business is in this state, and includes a contractor
whose ultimate parent company or majority owner has its principal place of business in this state.
(b) The state or a governmental agency of the state may not award a contract for general construction, improvements, services,
or public works projects or purchases of supplies, materials, or equipment to a nonresident Proposer unless the nonresident's
proposal is lower than the lowest proposal submitted by a responsible Texas resident Proposer by the same amount that a Texas
resident Proposer would be required to underproposal a nonresident Proposer to obtain a comparable contract in the state in
which the nonresident's principal place if business is located
I certify that
defined in HB 620.
I certify that
(Conq —y Name)
Signature
Print Name
is a resident Proposer of Texas as
-0,4," b,6'&•" rug 44J-; f - b -I is a Nonresident Proposer as
(Company Name)
defined in HB 620 and our principal place of business is:
(City and State)
Signatt=
Print Name (5-r- I^
17
0 EXCEPTIONS TO SPECIFICATIONS
If any item material or equipment submitted as a part of this proposal does not fully meet or exceed the minimum
specifications as published, the exception(s) MUST be listed on this sheet and attached to the proposal.
Section Item/Material/Equipment Proposal Reason
r M
If no exceptions are listed, it will be assumed that the proposal meets or exceeds the minimu:
specifications and any purchase contract as a result of this proposal will be contingent on that condition,
Company: 7L- Ar. L.(iI f
i
Agent :
LJ
w
Ll
SUPPLIER INFORMATION FORM
COMPANY'S FULL BUSINESS NAME:
PHYSICAL ADDRESS:
p _5�7'� /t t �a u _37-
qtr
PHONE #:
FAX #:
3.1 8'
CONTACT PERSON:
R,, 7 -u. f- c o
PHONE #:
cro -- 02 0-y'? 9
REMITTANCE ADDRESS:
er .. g
PHONE #:
FAX #:
CONTACT PERSON:
PHONE #:
PAYMENT TERMS DISCOUNT:
�T o
COMPANY TAX ID #:
-f-
25- 1092931
"" 'r:: � .. �• .. �,E.
ji�i ^.Xr. :�:.: �.• U�. :it': :•� j:.S;? •:fir.
.:j}:� ..
PLEASE FII.L OUT THIS FORM AND FAX OR RETURN TO PURCHASING
DE
ATTACHMENT I
REFERENCES
Each Proposer is to provide a minimum of three (3) verifiable references in which the Proposer has sold, maintained or
provided this or similar product or service.
Company Name: CITY OF DEER PARK
Address: DEER PARK, TEXAS
Contact Person: JEAN RIGGS
Telephone : ( 713 ) 479 -2394
Product Purchased by Reference:
Company Name: ST. MARY'S UNIVERSITY
Address: SAN ANTONIO, TEXAS
Contact Person: STEVE ROSENFAUER
Telephone: ( 210 436 -3324
Product Purchased by Reference:
Company Name: ORANGE LEADER
Address: ORANGE, TEXAS
Contact Person_ ED BLAKELY
Telephone : ( 409 ) 883 -3571
Product Purchased by Reference:
n
u
20
SUPPLEMENTAL INFORMATION
YEAR 2000 COMPLIANCE
The Vendor warrants that each hardware, softwarc, and firmware product provided to City pursuant to this contract is able
accurately process data (including but not limited to, calculating, comparing, sequencing, and transferring) from, into and between tl
twentieth and twenty-first centuries, including leap -year calculations, when used in accordance with the product documentati(
provided by the Vendor. All hardware, software, firmware product, or any portion thereof provided by the Vendor, will proper
exchange date data when processing data from, into and between the twentieth and twenty-first centuries. If the product requires th
specific products must perform as a system in accordance with the foregoing warranty, the remedies available to the City of Baytoa
for breach of this warranty shall be as defined in, and subject to, the terms and limitations of warranties contained in this contra(
Notwithstanding any provisions to the contrary in any Vendor provided commercial warranty or warranties, the remedies available
the City under this warranty shall include, but not be limited to, the repair or replacement of any product or system damaged
otherwise harmed by the Vendor's non -compliance with this warranty. Such repair or replacement shall be complete within t(
calendar days after the Vendor receives written notice of the non -compliance and a demand that the product or system be repaired
replaced. Should the Vendor fail to repair or replace the product or system within the prescribed time period, the City may repair
replace the same and charge the Vendor for any and all costs associated therewith_ Payment by the Vendor for such repairs
replacements shall be made within ten (10) days after receipt of an invoice therefor from the City. Failure of the Vendor to mal
payments in a timely manner will be considered a material breach of this Agreement and will result in interest in the amount of P
per month being accessed on all delinquent amounts. Additionally for such a material breach, he City, in its sole discretion, shall hai
the right, but not the obligation, (1) to permanently withhold any amounts due and owing to the City from the Vendor as a result i
this warranty and/or (ii) to terminate this Agreement. In the event of termination, the City shall provide the Vendor written notice
the same. Nothing in this warranty shall be construed to limit any rights or remedies that the City of Baytown may otherwise hai
under this order or under the tcrms of this contract with respect to defects of any nature, including, but not limited to, Year 20(
performance.
This guarantee must be signed and returned to the City of Baytown with proposal.
Company 4A F T? o yr. C_- N e of Representative
Signature
,j y / 9
Date
If Year 2000 Compliance would effect this product, but it cannot be warranted at this tune, the Vendor must submit documentation (
the City outlining how and when the product will be Year 2000 compliant By the Vendor's signature below, the Vendor agrees th;
the above - referenced warranty will apply to the product on the date specificd for compliance and submitted to the City. Failure i
appropriately address this issue to the satisfaction of the City of Baytown, may be used is determining "responsibility" of the Vend(
and will be used as an evaluation factor.
Guarantee not applicable to this product.
Company
Signature
Name of Representative
Datc
It
Ll
n
I L LI
F I R E W O R K S
INTERNATIONALE
Is Proud to Present Our
1999 Fireworks Proposal
- tobeheldon -
r" f
July 44, 1999
- on behalf of -
CITY OF B AYTOWN
BAYTOWN, TEXAS
ACORDC Rr, (J R I } '} : " DATE FMT+IRIDl1 YI
7:'•r +"J
_
r.— �.- i�w-�wu�, T•�•� i _.eT.'.Li1� -w -L� . \'Z -
PRODUCER (314) 721 -1372 FAX (314) 723. -2979 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
%drian N. Baker & Co.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8301 Maryland Avenue
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
0. Box 66871
COMPANIES AFFORDING COVERAGE
t. Loins, MO 63166 -6871
cOl�lAaNV General Star National Insurance Company
I
A!tn_ Ex!
._.. _._
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Zambelli Fireworks Manufacturing
1
� COMPANY
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Company: Inc.
' _ .._ .._ . ....._._.. .
P.O. Box 1463
COMPANY
c
New Castle, PA 16103 -1463
f -. -. , .._.._...1111. ---- . ---- . - - -- . -.. ... . .
COMPANY
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THIS IS TO CERTWY THAT THE POUCIES OF INSURANCE: LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT• TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TIPS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.. . _ 1111.. ..
_. ... ..
LTR U TYPE OF INSLIRANC! POLICY NUMBER
POLICY EFFECTIVE l POLICY EXPIRATION • LIMITS
I DATE(MWOM -Y) I DATE(MMOM -Y)
GENERAL UAI91LTI7
GENERAL AGGREGATE f 3,000,000
COMMERCIAL GENERAL LIABILITY
j PRODUCTS - COMPrOP AGO . S 1,000,000
E }91: CLAIMS MADE ; X OCCUR .
A =” i NYG 3SS758A
I PERSONAL A ADV INJURY S 1, 000 , 000
102/01/1999 02/01/2000 - - . -'
oIMIEFTS a CONTRACTORS PROT
EP.CH OCCURRENCE S 1,000,000
FIRE DAMAGE (any a+. rue) ;S 50,000
MED EXP (Any one person) f 0
AUTOM081LE LIABILITY
.
i COMBINED SINGLE LIMIT S
ANY AUTO
ALL OWNEO AUTOS
BODILY I UUHY S
SCHEDULED AUTOS
(Per P—) .
HIRED AUTOS
BODILY RL"Y
f
NON -OWNED AUTOS
(Per acaderu)
• PROPEn TY DAMAGE S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT - S
ANY
.. OTHER THAN AUTO ONLY: >- .. - }:: +•'''. ••.:`
EACH ACCIDENT S
-
' AGGREGATE' f
ERCESS LIAOILrTY
EACH OCCURRENCE f
• UMBRELLA FORM
AGGREGATE f
- - OTHER THAN UMBRELLA FORM
f
. WORXERS COMPENSATION AND
i TNYKA LIMfT9 EA :� '• .
i FWPLOYiRTi LIAB1Lm
• EL EACH ACCIDENT s _
THE PROPMETORI INCL
EL DISEASE - POLICY LIMIT • S
PARINEP- VEXECUIIVE
OFTICLFLS ARE: EXCL
i EL DISEASE - EA EMPLOYEE S
OTHER
:
i
OE5CWPTION OF OPE RATIONS !LOCATIONS /YE+aCLESMPECIAL nEMS
.:t: .-! !'1' �1 ",�:'.L%�.i -I� :11 5;
CERTIFICATE HOLDER.', rt= :,;. n.' : -..,
:.1:'� �'lyi r�����y l., .�_. `!����, IR.;,:� `;.:.. :i ��k'�•i.7 - :. t.i�:.�:;' .• .�;;.I.
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SHOULD ANY Of THL ABOVE DESCRIBCD POLICIlS be CANCr-LLzD BEFORE THE
EXPIRATION DATE THEREOF. THE ASLANG COMPANY WR:L ENDEAVOR TO MAIL
"SPECIMEN CERTIFICATE"
30 DAY$ WRTFTENHOTICETO THE C ERTIFICATEHOLGERNAMEDTOTHELEFT.
DUT FAILURE TO MAUL SUCH NOTICE SHALL I E NO OBLIGATION OR UASKJTY
OF A N UPON THE COMP REtPESEKTATIVES.
AUTHORIZ AnVE
ACORD 25S
"` ry' ;: �; CACORO CORPORATION 198f
(1f95)
+ {
'fip" 'I (f�l DATE N1tYDLVYYI q
_ , •" 02/15/1999
ooucER (314)721 -1372 FAX (314)721 -2979
,.
THIS CERTIFICATES ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
n N. Baker dl Co.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Maryland-Avenue
ALTER THE COVERAG5 AFFORDED BY THE POLICIES BELOW.
0. Box 66871
i COMPANIES AFFORDING COVERAGE.
�. toUisl MO 63166-6871
(,I�FiPANY American Interstate Insurance Company
to, Gloria Powers Ext:
I A
svaeo Zambelli Fireworks Manufacturing
COMPANY
s
Company, Inc.
I" '
P.O. Box 1463
4 COMPANY
jl C
New Castle, PA 16103 -1463
j
coIUPAIuv I
o
T*ilill 10 TOC*F%TIPY THAT TTIR Pa1C151111 OF INAUFTMSCH 641W 9CLOW HAVIE 0EMN ISSUQO TO THZ INSURED NAMED ABOVE FOR rME POLICY PLIRIOD
INDICATED. NOTWITHSTANDING ANY REWCZEMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER OOrVmFNT WITH RESPECT TO "CH THIS
CQRTtFICATE MAY BE ISSUED OA MAY PERTAIN, THE INSURANCE AFYORDED BY THE POLICIES DESCRIBED HEfMEIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN! MAY HAVE BEEN REDUCED BY RAID CLAIMS.
i
R TYFE OF Imau"MCE r vLlCr HUNKER
POLICY EFFECTIVE • POLICY EAPITLATION I uurt0
DATE ♦MlNODTTT 1 GATE (Mvloof )
GENERAL LId181LFTY I
I GENERAL AGGA[GATE
f
CI MMERCL+LL GGN&EUL LIABILITY I
I
PROOUCT9 - COLIPlOf ASG
A. INJURY
S
T
CLAIMS MADE I OCCUR
PER6pNAL ADV
t
DwNExS A CONTFAr T0R-$ PROT I I
EACn OGCLiRRf HCC
f
I
FKK DAMAGE (Any :ne 1
S
WED GxP (Any one FL45w)
S
AIR LIABILITT
I
easeweDSINOLEUI.ur IS
� ! AN+AUTo 1
i --
} ALL OWNED AUTOS I
' BODIIY INJURY i f
l
IP« DusO -)
i SCHEDULED Auroe
I
MAIO AUTOS I
BODILY INn1RY I f
1 (PA/ Kcdvwl
INDN•OwkSO AUTOS ,
.
�PROPERfY DAMAGE t
OAFIAC!
UA61LITY
I AUTO ONLY . FA ACCKWWi
f
ANYAUTO
OTHER THAN AUTO ONLY:
Jan.
ACCIDENT
1
1
AGGNEOATE.3
EACH OCCURRErICE
S
ItiCP.SE
LIAMLITY
1
( LRIBRELLA FORM
AGr_REGATE
'
OTHER THAN UMBRGLLA FORM
1 s
I WOME" COMPEVIATION Aw0
I9WLO'TFRrLIA7ULITT
, X TO Y LIMN 9 • . E
It EACH ACCIDENT f 1,000,000
1
q TrIE Pr+Orructofu
98WCPA127996
09/17/1998 01/01/2000 --
EL 04SEASE - POLICY LIUIT s 1, 000. 000
INn
PARTITtGRLIGXGC'UTIVq
, cL oreEASC • EA EMPiolrf� f 1 ODO OOU
MPFGLRA AR;:- IXCL
I
In Ht A
1
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1 �
ieeGRt" iION OP oPtrurrorls�cocArmNS +vImcLl /h�fZCIAL rtrM>,
i •
3"OULD ANY Of THE ABOVE OESCPdaGO POUCI" OE CAUCet "n BEFORE TItF
EXPIRATION DATE Tupft Fop- THE issurN0 COMPANY "ILL ENDEAVOR TO 1,"L
�D nAy& WWCYBN ,OoTKi? TO TM! CEF"TFICATE HOLDFR NAMED TO TT2 LEPT,
BUT FAILUR2 TO AWL >IUCN NOT" 5XALL tMFO". MOO IOAMN OA LIA61LfTY
+\
DI ANT KIND NE COMPANY, R8 AOEN16 ENTAFIVC6.
L_�
I10*
SPECIMdEN COPY ONLY
I'I CNI� Kf_ 11 65 .1I r.fI(NOW)
K(A ]
I r I DATE IMF-Vocrryj
If' 02'
' )lv I ON I % "VA, /15/1999
. rRODUCCR (314) 721-1372 FAX (314) 721-2979
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Baker & Co.
HOLDER. MIS CERTIFICATE DOES NOT AMEND, EXTEND OR
iaSN.
ryland Avenue
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
0. Box 66871
I COMPANIES AFFORDING COVERAGE
Louisl MO 63166-6871
OMPANY American Interstate Insurance Company
%ttm: Gloria Powers Exit:
A
nsunea
Zambelli Fireworks manufacturing
COMPANY
Company, Inc.
P.O. Box 1463
COMPANY
G
New Castle, PA 16103-1463
COMPANY
D
V gl-'ji gu' I, E. Ill.
THiP 10 TO CSA*ffFY THAT TH9 POLICf9l oF tNsunANC6 LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR rMs POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
BY THE POLICIES DESCRIBED HEREIN;S SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND COIJI)ITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEIII REDUCED BY PAID CLAIMS.
TYPE Or INSUROJCE POLICY NUM13ER
POLICY EFFECTIVE • FOLIC-Ir FAPIRAFION LIMW%
DATE (MJWDD"Y) DATE (MbV0OtYY)
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GENERAL. LIABILITY
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'qw SPECIMEN LUNY UtJLY
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COUNTRY OF ORIGIN
USA 40%
* Zamhelli Fireworks Mfg. Co., Inc.
* Hollywood Fireworks Mfg. Co., Inc.
* Keystone Fireworks Mfg. Co_, Inc.
* Star Specialty Designs, Inc.
CHINA 24%
• Sunny Internationale
• Temple of Heaven
JAPAN/TAIWAN 18%
* Ogat w Fireworks
* Hosoya Fireworks
* Mantsuna & Co. Ltd.
FRANCE 4%
* Ruggieri
ITALY 5%
* Piratechnica Panzera
SPAIN 6%
* Pirotecnia Igual
AUSTRALIA 3%
* Howard & Sons Pyrotechnics
1]
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ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC.
CITY OF BAYTOWN
BAYTOWN, TEXAS
SYNOPSIS
$15,000
ELF_CTRONICALLY FIRED
MARCH 29, 1999
SHELL DESCRIPTION A B*
Three Inch Shells
80
80
Four Inch Shells
12
12
Five Inch Shells
5
5
Six Inch Shells
4
4
Eight Inch Shells 1
BODY OF PROGRAM
Three Inch Shells
220
160
Four Inch Shells
170
142
Five Inch Shells
105
118
Six Inch Shells
77
100
Eight Inch Shells
2 �Mti
20
GRAND FINALE SHELLS
Three Inch Shells
480
440
Four Inch Shells
36
36
Five Inch Shells
25
25
Six Inch Shells
20
20
Eight Inch Shclls
2
2
Salute Barrage
2000 Shot
200 Shot
NOTE: Both & B) dollar
i
5
programs (A are of equal value.
!/
✓ ,- r�
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ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC.
CITY OF BAYTOWN
is BAYTOWN, TEXAS
MARCH 29, 1999
With your display for $15,000 (Program B), we will provide you with the following:
OPENING FINALE:
80 Three Inch Assorted Color Star Shells, Fancy Star Shells, Peonies,
Chrysanthemums, Flash & Titanium; Salutes
12 Four Inch Color Changing Chrysanthemums
5 Five Inch Color Changing Chrysanthemums
4 Six Inch Color Changing Chrysanthemums
1 Eight Inch Color Changing Chrysanthemums
THREE INCH SHELLS:
Zambelli Brilliant Colored Star Shells
15 Consisting of Red, Blue, Green, White, & Silver
Zambelli FaRqy Star Shells
5 Spider Webs
5 White Flitter
5 Gold Flitter
5 Pimpenella
Zambelli Special Effect Shells
5 Serpents and Brilliant Colored Stars
5 Brilliant Color Changing Star Shells
5 Royal Flourish Salutes
5 Whistles and Brilliant Colored Stars
Oriental Shells
5 Gitteriag Silver to Blue Chrysanthemum
5 Variegated Colored Peony
5 Purple to Green Peony
5 Red Chrysanthemum
Zambelli Special Multiplc Break Shells
20 Two Break with Report
10 Three Break with Report
10 Four Break with Report
ZAMBELLI INTERNATIONA.LE FIREWORKS MFG. CO., INC.
CITY OF BAYTOWN MARCH 29, 1999
BAYTOWN, TEXAS
FOUR INCH SHELLS:
Zambelli Brilliant Colored Star Shells
6 Consisting of Red, Blue, Green, White, & Silver
Zambelli Fancy Star Shells
5 Glittering Silver
4 Green and Gold Flitter
4 Spider Web
5 Blue and White Flitter
Oriental Shells
4 Red to Green Peony
4 Glittering Silver to Red Diadem
4 Sparkling Pink Lights
4 Red, White, and Blue Peony
Special Orientals
4
One Purple Circle
4
Golden Palm Tree with Large Rising Tail
4
Twice Blooming Small Flowers in Circle
4
Red Tiger Tail with Blue Core
Zambelli Special
Effect Shells
4
Whistles and Brilliant Colored Stars
4
TourbiLlions to Titanium Report
4
Red Heart Pattern
4
Golden Sparkling Kamikazes
Zambelli Special Multiple Break Shells
16 Two Break with Report
10 Three Break with Report
8 Four Break with Report
•
ZAMBELLI INTERNATIONALS FIREWORKS MFG. CO., INC.
CITY OF BAYTOWN MARCH 29, 1999
BAYTOWN, TEXAS
FIVE INCH SHELLS:
Zambelh Brilliant Colored Star Shells
7 Consisting of Red, Blue, Green, White, & Silver
Zambelli Fancy Star Shells
4 Blue and White Flitter
4 Glittering Silver
4 Purple and Gold Flitter
4 Spiderweb to White Strobe
Oriental Shells
4 Blue to Gold Peony w/Rising Tail
4 Pink Peony
4 Red, White, and Blue Chrysanthemum
4 Glittering Gold to Silver Diadem
Special Orientals
4 Purple Circle
4 Golden Palm Tree with Large Rising Tail
4 Thousands of Red Chrysanthemums
4 Red and Silver Concentric Circles
Zambelli Special Effect Shells
4 Floral Salute Shell of Shells
3 Majestic Transformation Arch
3 Green Magnesium with Gold Flitter Crossettes
4 Blue Star Pattern
Zambelli Special Multi -Effect Shells
3 White Flitter Crossettes
3 Twinkling Kamuro Chrysanthemum
Zambelli Special Multiple Break Shells
10 Two Break with Report
4 Four Break Assorted Colors
•
•
ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC.
CITY OF BAYTOWN
BAYTOWN, TEXAS
SIX INCH SHELLS:
Zambelli Brilliant Colored Star Shells
9 Consisting of Red, Blue, Green, White, & Silver
Zambelli Fancy Star Shells
4 Green and Gold Flitter
3 Red and White Strobe
4 Green Magnesium
3 Red, White, and Blue
4 Blue and White Flitter
Oriental Shells
3 Series of Colored Stars
4 Gold Rippling Peony
3 Glittering Silver to Blue Chrysanthemum
4 Twice Presented Flower
3 Big Willow with Strobing Pistil
Special Orientals
4 Thousands of Blue Chrysanthemums
3 Golden Palm Tree with Large Rising Tail
4 Butterflies in the Midnight Sky
3 Silver Crown Chrysanthemum
4 Titanium Salute in Circle
Zarnbelli Special Multi -Effect Shells
3 Gold Flitter Crossettes
4 Fusillading Shots and Brilliant Colored Stars
4 Red Willow to Titanium Egg Salute
3 Brilliant Color Changing Star Shells
Zambelli Special Multiple Break Shells
3 Four Break Spiderweb
3 Four Break Pimpinella
MARCH 29, 1999
C
•
ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC.
CITY OF BAYTOWN
BAYTOWN, TEXAS
EIGHT INCH SHELLS:
3
2
2
3
3
2
2
3
GRAND FINALE:
Brocade Kamuro Chrysanthemum
Diadem with Strobing Pistil
Thousands of Golden Palm Trees
Twinkling Kamuro Chrysanthemum
Blue to Bright Red Peony with Rising Silver Tail
Silver Wave and Blue Chrysanthemum
Sparkling Silvery Lights
Grapes All Over the Vineyard
TMA.RCH 29, 1999
440 Three Inch Assorted Color Star Shells, Fancy Star Shells, Peonies,
Chrysanthemums, Whistles and Fishes, Flash, Titanium and Carnation
Salutes
8 Four Inch Gold Palm Tree with Large Rising Tails
7 Four inch Gold Rippling Peonies
7 Four Inch Bright Red to Blue Peonies
7 Four Each Royal Flourish Salutes
7 Four Inch Glittering Silver Chrysanthemum
10 Five Inch Color Changing Chrysanthemums
10 Five Inch Gold Palm Tree with Large Rising Tails
5 Five Inch Twinkling Kamuro Chrysanthemums
8 Six Inch Gold Palm Tree with Large Rising Tails
6 Six Inch Thousands of Red Flowers
6 Six Inch Blooming Silvery Chrysanthemums
1 Eight Inch Glittering Gold to Red Diadem
1 Eight Inch Blooming Silvery Chrysanthemums
2000 Shot Salute Barrage
U
ZAMBELLI INTERNATTONALE FIREWORKS MFG. CO., INC.
CITY OF BAYTOWN
BAYTOWN, TEXAS
SPECIAL, FLIGHT SET ARRANGEMENTS:
Three Inch Flights:
6 Flight Sets of Two
6 Flight Sets of Three
3 Flight Sets of Five
Four Inch Flights:
6 Flight Sets of Two
4 Flight Sets of Three
2 Flight Sets of Four
Five Inch Flights:
5 Flight Sets of Two
5 Flight Sets of Three
Sig Inch Flights:
8 Flight Sets of Two
Large Combo Rack - consisting of-
2 Four Inch Golden Tiger Tails
2 Five Inch Glittering Golden Chrysanthemums
1 Six Inch Golden Palm Tree w/R.ising Tail
Large Combo Rack - consisting of:
2 Four Inch Thrice Color - Changing Chrysanthemum
2 Five Each Thrice Color - Changing Chrysanthemum
1 Six Inch Thrice Color - Changing Chrysanthemum
MARCH 29, 1999
*NOTE: All Flight Sets Arrangements will be comprised of the followring materials:
Zambelli Brilliant Colored Star Shclls
Zambelli Fancy Star Shells
Assorted Orientals
Assorted Special Orientals
Zambelli Special Effcct Shclls