Ordinance No. 8,88720000413 -11
ORDINANCE NO. 8887
® AN ORDINANCE ACCEPTING THE PROPOSAL OF ZAMBELLI FIREWORKS
MANUFACTURING COMPANY, INC., FOR THE ANNUAL FIREWORKS DISPLAY
CONTRACT 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.
************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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 to be received March 14, 2000; 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 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 TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) 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 13th day of April, 2000.
PETE C. ALFARO, Mayor
ATTE
GAR W. ITH, City Clerk
APP OVED AS TO FORM:
2
® ei5ACIO RAMIREZ, SR., &0 Attorney
c:\MyDocuments \Counci \99 -00\ April \AcceptProposal4FireworksDispl ayContract. doc
U.S. CORPORATE
HEAOWUARTERS
P.O. Box 1 463
NEW CASTLE, PA
16103
800-245-0397
724-658-6611
724 - 658-8318 FAX
SOUTHERN REGION
299 NW 52N0 TERRACE
SUITE 1 1 B
BOCA RATON, FL
33487
800-960 -0955
561-395-0955
561- 395 -1799 FAX
WESTERN REGION
P.O.BOx 906
SHAFTER, CA
93263
800-322 -7 1 42
805-746-2842
805- 746 -2B44 FAx
W W W. ZAMBELLIFIREWORKS. COM
City of Baytown
Purchasing Department
P.O. Box 424
2I23 Market Street
Baytown, TX 77522
Dear Sir or Madam:
LMBELLI
R E W R K S
INTERNATIONALE
March 13, 2000
I would like to thank you for the opportunity of submitting our proposal for your 2000 fireworks program.
Our proposal has been submitted in accordance with the 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 that this would not be a problem on our behalf.
As an exclusive manufacturer of pyrotechnics, we offer vfou 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 specimen Certificates of Insurance for your review. If
additional insurance information is necessary-, please contact our office immediately.
This program will be -electronically fired. Zambelli Imcrnationale's License Number is FWD -0007. The chief
pyrotechnician for your program will be Duoync McCullough; his Texas License Number is FPO -0495.
Should this program be canceled, there will be a cancellation charge of 5 %.
I have enclosed our company brochure along with other reference material that I am sure you will find very
informative. Zambelli Internationale Fireworks was proud to host the fireworks extravaganza "Thunder Over
Louisville /The Opening Ceremonies" for the Kentucky Derby Festival on April I7, 1999. The program was
set up On eight barges and fired from four locations simultaneously on the Ohio River. Zambelli Internationale
is also proud to announce that we exhibited numerous displays across the continent celebrating the arrival of the
Millennium on December 3Ist. The celebration continued on January I, 2000 as the City of Pittsburgh fired
from I I downtown locations, making it the largest New Y "car's Day fireworks display in the world!
Once again, I would like to thank you for the opportunity of submitting our proposal for your 2000 fireworks
display. We look forward to staying in touch with you, and above all, we will look forward to working with
you.
Yours vcry truly,
ZAMBELLI FIREWORKS MFG. CO., INC.
/(\l)bert J. Irco
RJT /jlh
Ene: Orginal and One Copy of Bid Forms with Attachments, Proposal /Synopsis, Specimen Certificates of
Insurance and Zambelli Internationale Brochure
SENT VIA UPS NEXT DAY AIR
EMNIBIT A
#�'EXA��c
PROPOSAL TITLE: PROPOSAL FOR
ANNUAL JULY 4"' FIREWORKS DISPLAY
PROPOSAL NUMBER: 036 -00
PROPOSAL OPENING DATE 2:00 P.M.:
TUESDAY, MARCH 14, 2000
Proposer Must Fill In &Sign
Name of Firm, Company
ZAMBELLI FIREWORKS MFG. CO. INC.
Agent's Name
GEORGE R. ZAMBELLI
Agent's Title
PRESIDENT
Mailing Address
P.O. OX 1463
City State Zip
NEW CASTLE PA 16103
Telepphone
(72�+) 658 -6611
'72V-/51
AUTHORIZED SIGNATURE
FAILURE TO MANUALLY SIGN MAY
DTSOT TAT,TFY PROPOSAL.
PROPOSER AGREES TO COMPLY WITH ALL CONDITIONS BELOW, ATTACHED SPECIFICATIONS, AND NOTES.
PROPOSER HAD READ AND AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS ON BACK OF INVITATION FOR
PROPOSAL. PURCHASES MADE FOR CITY USE ARE EXEMPT FROM THE STATE SALES TAX AND FEDERAL EXCISE
TAX. DO NOT INCLUDE TAXES IN YOUR PROPOSAL. PROPOSER GUARANTEES PRODUCT OFFERED SHALL MEET OR
EXCEED MINIMUM SPECIFICATION IDENTIFIED IN THIS INVITATION FOR PROPOSAL.
SHIPMENT DESTINATION
BICENTENNIAL PARK, MARKET STREET, BAYTOWN, TEXAS 77520
TTEM NO.
ITEM AND DESCRIPTION
QUANTITY
WIT PR_TCE-
EXTENSION
PROPOSAL FOR ANNUAL JULY 4TH
FIREWORKS DISPLAY, per attached
specifications, for 4`h of July (Tuesday)
1.
Labor and any other necessary materials to
I LOT
$ 3,750
perform Firework's Display Service.
Complete Labor Cost & Materials.
2.
Fireworks — Display program outlined in the
1 LOT
$11,250
attached specifications. Proposer shall list
each shell and all fireworks furnished for
display. Proposer shall meet or exceed
GRAND
$15,000
minimum quantities of all fireworks listed
TOTAL:
in order to be considered for award of
proposal.
ALL PROPOSERS SHALL 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 INTEREST OF THE
CITY OF BAYTOWN.
TERMS AND CONDITIONS
I. The City of Baytown will accept sealed proposals Monday through Friday, 8:00 a.m. — 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.
It. Proposer MUST give full firm name and address. FAILURE TO MANUALLY 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 a.m. 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/service 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: THE 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 different source or sources to such item or items which have been increased in price.
DECREASES
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.
3
CITY OF BAYTOWN
® ANNUAL PROPOSAL FIREWORKS DISPLAY
PROPOSAL NUMBER: RFP- 036 -00
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 4, 2000, 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.
11
- 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, 2000.
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 4`h 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 -subj ect`to`the sarrie contingency plan-agreed to =fo'r inc= lerrierit 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 -
PROPOSAL FOR ANNUAL JULY 4TH FIREWORKS DISPLAY
PROPOSAL NUMBER: RFP- 036 -00
SPECIFICATIONS (MINIMUM):
SCOPE: The City of Baytown seeks competitive proposals for fireworks, materials and service
necessary for its yearly 4th of July Fireworks Display Program. The purpose of these specifications is to
describe the minimum requirements of the City of Baytown for a Proposal for Annual July 4th Fireworks
Display. A special finale shall be required to enhance the entire 4`h of July Fireworks Program. Proposer
shall provide a Fireworks Display program and Grand Finale meeting all specifications to not exceed a
budgeted cost of $15,000.00.
REQUIREMENTS: 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 perforni the Fireworks Display Program service on July 4, 2000. This display
shall be continuous from 9:15 p.m. to 9:45 p.m., July 4, 2000. 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
fo_Fth,LLby he 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: FWD -0007
B. List Pyrotechnicians names that will perform services:
DYOUNE MCCULLOUGH LICENSE# FPO -0495
C
® DISCHARGE OF FIREWORKS: Fireworks shall be discharged by use of an electronic control panel.
(electronically discharged)
SECTION II — FIREWORKS (Items #1 - 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 4`h 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, Tiawanese, or Chinese.
ORIGIN OF SHELLS: SEE ATTACHED
Proposer shall describe in detail prop_ram presentation.
Proposer is invited to visit site for City of Baytown July 4`h 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
available.
Proposer shall provide warranty or guarantee offered for products or service if any
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 $151000.00
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
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 technicalities and award
the proposal to best serve the interest of the City of Baytown.
7
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.
Throughout the term of this Agreement, the PROPOSER at its own expense shall purchase, maintain and
keep in force and effect insurance against claims for injuries to or death of persons or damages to property
which may arise out of or result from the PROPOSER's operations and/or performance of activities under
this Agreement, whether such operations and/or performance be by the PROPOSER, its agents,
representatives, volunteers, employees or by anyone directly or indirectly employed by any of them, or by
anymore for whose acts any of them may be liable.
INSURANCE REQUIREMENTS: The PROPOSER's insurance coverage shall be primary insurance
with respect to the CITY, its officers, agents and employees. Any insurance or self - insurance maintained
by the CITY, its officials, agents and employees shall be considered in excess of the PROPOSER's
insurance and shall not contribute to it. Further, the PROPOSER shall include all subcontractors as
additional insureds under its commercial general liability policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the
requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum coverage
amounts required in this contract:
Commercial General Liability (CGL)
Ger.Prnl Aggregate: $1,000,000
Personal & Advertising Injury: $1,000,000
Per Occurrence: $500,000
Fire Damage: $50,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. No coverage shall be excluded from standard policy without notification of individual
exclusions being attached for review and acceptance.
Business Automobile Policy (BAP)
Combined Single Limits: $500,000
a. Coverage for "Any Auto."
Workers' Compensation: Statutory Limits
Employer's Liability: $500,000
a. Waiver of Subrogation Required.
_ .� .. Upo.,n eYecxution of this contract, PROROSERAhall fi- le.rwith the .CITY valid Certificates;,o:fjnsur•,anc:e
endorsements acceptable to the CITY. Such Certificates shall contain a provision that coverage afforded
under the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) days' prior
written notice has been given to the CITY via certified mail, return receipt requested.
0 The following are general requirements applicable to all policies:
a.. AM Best Rating of A; VII or better.
b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted.
c. Liability policies will be on occurrence form.
d. CITY of Baytown, its officials and employees are to be added as Additional Insured to liability
policies.
e. Upon request of and without cost to CITY of Baytown, certified copies of all insurance policies and/or
certificates of insurance shall be furnished to CITY of Baytown's representative. Certificates of
insurance showing evidence of insurance coverage shall be provided to CITY of Baytown's
representative prior to execution of this agreement.
f. Upon request of and without cost to CITY of Baytown, loss runs (claims listing) of any and/or all
insurance coverage shall be furnished to CITY of Baytown's representative.
g. CITY of Baytown reserves the right to reject any proposal that does not meet the minimum insurance
requirements outlined above.
CERTAIN OF THESE PROVISIONS MAY BE WAIVED OR MODIFIED WITH THE
APPROVAL OF CITY COUNCIL AT TIME OF AWARD.
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
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
t., rI knlury,= death-or damage resuats,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, fen . the action or proceeding by counsel acceptable to the City. The-indemnity
provided for herein shall survive the termination or expiration of this agreement.
9
COMPL:r+NCE_ 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 0 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 Tuly 4`h Fireworks Display to occur on
Julv 4th, 2000 (Tuesday).
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, 2000, when payment is due.
INVOICE: Invoices shall be sent to:.
CITY OF BAYTOWN
P. O. BOX 424
Baytown, TX 77522 -0424
ATTN: 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
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 original
proposal. Proposal is to be placed in the orange envelope and properly identified.
-Submit to: CITY OF BAYTOWN M
PURCHASING DEPARTMENT
2123 MARKET STREET
BAYTOWN, TX 77520
sIh /rfp- 036 -00 2/16/00
10
0
ELLI
❑ R K S
INTERNATIONALE
Is Proud to Present Our
2000 Fireworks Proposal
- to be held on -
July 4, 2000
- on behalf of -
CITY OF BAYTOWN
BAYTOWN, TEXAS
ZAMBELLI INTERNATIONALE 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
Six 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 /Rising Tail
Large Combo Rack - consisting of:
MARCH 13, 2000
2 Four Inch Thrice Color - Changing Chrysanthemum
2 Five Inch Thrice Color- Changing Chrysanthemum
1 Six Inch Thrice Color- Changing Cluysanthemum
*NOTE: All Flight Sets Arrangements will be comprised of the_fol. lowing materials
Zambelli Brilliant Colored Star Shells
Zambelli Fancy Star Shells
Assorted Orientals
Assorted Special Orientals
Zambelli Special Effect Shells
v
ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC.
CITY OF BAYTOWN MARCH 13, 2000
BAYTOWN, TEXAS
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 Fancy 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
Glittering Silver to Blue Chrysanthemum
5
Variegated Colored Peony
5
Purple to Green Peony
5
Red Chrysanthemum
Zambelli Special
Multiple Break Shells
20
Two Break with Report
10
Three Break with Report
10
Four Break with Report
{
ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC.
CIT �' OF BAYTOWN
BAYTOWN, TEXAS
FOUR INCH SHELLS:
MARCH 13, 2000
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 INTERNATIONALE FIREWORKS MFG. CO., INC.
CITY OF BAYTOWN
® BAYTOWN, TEXAS
FIVE INCH SHELLS:
MARCH 13, 2000
Zambelli 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
a a
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 1VIFG. CO., INC.
CITY OF BAYTOWN MARCH 13, 2000
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
Zambelli 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
ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC.
CITY' OF BAYTOWN
® BAYTOWN, TEXAS
EIGHT INCH SHELLS:
3
2
2
3
3
2
2
3
GRAND FINALE:
440
8
7
7
7
7
10
10
5
8
6
6
1
1
2000 Shot
MARCH 13, 2000
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
Three Inch Assorted Color Star Shells, Fancy Star Shells, Peonies,
Chrysanthemums, Whistles and Fishes, Flash, Titanium and Carnation
Salutes
Four Inch Gold Palm Tree with Large Rising Tails
Four Inch Gold Rippling Peonies
Four Inch Bright Red to Blue Peonies
Four Inch Royal Flourish Salutes
Four Inch Glittering Silver Chrysanthemum
Five Inch Color Changing Chrysanthemums
Five Inch Gold Palm Tree with Large Rising Tails
Five Inch Twinkling Kamuro Chrysanthemums
Six Inch Gold Palm Tree with Large Rising Tails
Six Inch Thousands of Red Flowers
Six Inch Blooming Silvery Chrysanthemums
Eight Inch Glittering Gold to Red Diadem
Eight Inch Blooming Silvery Chrysanthemums
Salute Barrage
ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC.
CITY OF BAYTOWN MARCH 13, 2000
® BAYTOWN, TEXAS
SYNOPSIS
Electronically Fired
July 4, 2000
$15,000
SHELL DESCRIPTION A B*
OPENING FINALE
Three Inch Shells
80
80
Four Inch Shells
12
12
Five Inch Shells
5
5
Six Inch Shells
4
4
Eight Inch Shells
1
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
20
20
GRAND FINALE SHELLS
Three Inch Shells
Four Inch Shells .
Five Inch Shells
Six Inch Shells
Eight Inch Shells
- -Salute Barrage
480
25
20
2
2000 Shot
NOTE: Both programs (A & B) are of equal dollar value.
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.
v
(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 undecproposal 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
(Company Name)
Signature
Print Name
ZAMBELLI FIREWORKS MFG. CO. INC.
(Company Name)
defined in HB 620 and our principal place of business is:
20 S MERCER ST. NEW CASTLE, PA 16103
(City and State)
Signature
is a resident Proposer of Texas as
is a Nonresident Proposer as
Print Name GEORGE R. ZAMBELLI
16
CITY OF BAYTOWN
PROPOSAL FOR ANNUAL JULY 4T" FIREWORKS DISPLAY
BID NUMBER: RFP 036 -00
EXCEPTIONS To SPECIFICATIONS
If any item, material or equipment submitted as a part of this bid
does not fully meet or exceed the minimum specifications as
published, the exception(s) MUST be listed on this sheet and
attached to the bid.
Section Item /Material /Equipment Bid
Reason
If no exceptions are,'H .ted, lt.wliltbe- assumed.- that.the -bid meets or exceeds
the minirnum' specifications and any purchase contract as a result of this
bid will be contingent on that condition.
Company � bz -r7�, ":77--��-
® Agent
/7
ZOO K2L4i 7IIfii1d - NAAlAH ZZCSOSrT9L IFd LO;ZT 00 /ZT /tO
Food cvz'0114 7-b990cbT2ZT F IUN0IadNJ3ifAl I1729WHZ ES -ST 000E /2T %'b0
n
SUPPLIER INFORMATION FORM
COMPANY'S FULL BUSINESS NAME:
PHYSICAL ADDRESS:
20 S. MERCER
NEW CASTLE, PA 16101
PHONE #:
FAX #:
724- 658 -8318
CONTACT PERSON:
ROBERT J. TURCO
PHONE #:
---SUT-79-5 -
REMITTANCE ADDRESS:
PHONE #:
SAMF AS ABOVE
FAX #:
SAME AS ABOVE
.CONTACT PERSON:
SAME AS ABOVE
PHONE #:
SAME AS ABOVE
PAYMENT TERMS DISCOUNT:
NET /30
COMPANY TAX ID#:
25- 1092931
PLEASE FILL OUT THIS FORM AND FAX OR RETURN TO PURCHASING
18
® .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:
Address:
Contact Person:
ST. MARY'S UNIVERSITY
SAN ANTONIO, TEXAS
STEVE ROSENAUER
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:
L_ J
19
SUPPLEMENTAL INFORMATION
0 YEAR 2000 COMPLIANCE
The Vendor warrants that each hardware, software, and firmware product provided to City pursuant to this contract is able to
accurately process data (including but not limited to, calculating, comparing, sequencing, and transferring) from into and between the
twentieth and twenty -first centuries, including leap -year calculations, when used in accordance with the product documentation
provided by the Vendor. All hardware, software, firmware product, or any portion thereof provided by the Vendor, will properly
exchange date data when processing data from, into and between the twentieth and twenty -first centuries. If the product requires that
specific products must perform as a system in accordance with the foregoing warranty, the remedies available to the City of Baytown
for breach of this warranty shall be as defined in, and subject to, the terms and limitations of warranties contained in this contract.
Notwithstanding any provisions to the contrary in any Vendor provided commercial warranty or warranties, the remedies available to
the City under this warranty shall include, but not be limited to, the repair or replacement of any product or system damaged or
otherwise harmed by -the Vendor's non - compliance with this warranty. Such repair or replacement shall be complete within ten
calendar days after the Vendor receives written notice of the non - compliance and a demand that the product or system be repaired or
replaced. Should the Vendor fail to repair or replace the product or system within the prescribed time period, the City may repair or
replace the same and charge the Vendor for any and all costs associated therewith. Payment by the Vendor for such repairs or
replacements shall be made within ten (10) days after receipt of an invoice therefor from the City. Failure of the Vendor to make
payments in a timely manner will be considered a material breach of this Agreement and will result in interest in the amount of 1%
per month being accessed on all delinquent amounts. Additionally for such a material breach, he City, in its sole discretion, shall have
the right, but not the obligation, (i) to permanently withhold any amounts due and owing to the City from the Vendor as a result of
this warranty and/or (ii) to terminate this Agreement. In the event of termination, the City shall provide the Vendor written notice of
the same. Nothing in this warranty shall be construed to limit any rights or remedies that the City of Baytown may otherwise have
under this order or under the terms of this contract with respect to defects of any nature, including, but not limited to, Year 2000
performance.
This guarantee must be signed and returned to the City of Baytown with proposal.
ZAMBELLI FIREWORKS MFG.'CO'. INC. GEORGE R. ZAMBELLI
Company
Name of Representative
MARCH 13, 2000
Signature Date
If Year 2000 Compliance would effect this product, but it cannot be warranted at this time, the Vendor must submit documentation to
the City outlining how and when the product will be Year 2000 compliant. By the Vendor's signature below, the Vendor agrees that
the above - referenced warranty will apply to the product on the date specified for compliance and submitted to the City. Failure to
appropriately address this issue to the satisfaction of the City of Baytown, may be used in determining "responsibility" of the Vendor
and will be used as an evaluation factor.
Guarantee not applicable to this product.
Company
Signature
Name of Representative
Date
20
v
4-12-00
JERNOWATION CLAUSE
Termination. The City, besides all other rights or remedies it may have, shall have the
ri2-ht to terminate this Agreement with or without cause upon ten (la) days' writteu
notice from the City Manager to ZAMBELLT FIREWORKS MFG., CO., INC., of the
City's election to do so- Upon delivery of any notice of termination required herein,
ZAMBELLI FIREWORKS MFG., CO., INC., shall discontinue all services in connection
with the performance; of the Agreement. if the contract is terminated for convenience,
within ten (10) days after receipt of the notice of termination, ZAMMBELL1 FIREWORKS
M-F-G_, CO., INC., shall submit an invoice for the five percent (5 %) cancellation fee - it
being agreed that such amount shall be the exclusive remedy of ZAMBELLI
FIREWORKS MFG., CO., INC., and the only amount for which shall be liable as a result
of any termination of this Agreement.
This Agreement will be dcamcd to have been terminated for cause if ZAMBELLI
FIREWORKS MFG., CO., INC., fails to perform or observe any of the terms and
conditions of this Agreement, which shall include, but not be limited to. the following_
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state, or federal government,
including, but not limited to, any taxes, fees, assessments, liens or any
payrneats identified in this Agreement;
(c) the dissolution of the ZAMBELLI FIREWORKS MFG., CO., INC.:
(d) the failure to perform the obligations under this Agreement to the
satisfaction of the City Manager, and/or
(e) any violation of this Agmement.
Upon the termination of this Agreement hen, both pasties shall be relieved of tbcir
respective obligations herein stated, except the inderruzity provision contained herein
shall survive such termination.
SIGNED BY:
= _ ZAMBELLI FIREWORKS MFG:, CO., /y /3�0 ta
INC.
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COUNTRY OF ORIGIN
USA 40%
* Zambelli 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%
* Ogatsu Fireworks
* Hosoya Fireworks
* Mantsuna & Co. Ltd.
FRANCE
4%
* Ruggieri
ITALY
5%
* Pirotechnica Panzera
SPAIN
6%
* Pirotecnia Igual
AUSTRALIA
3%
* Howard & Sons Pyrotechnics