Contract - Magic In The Sky, LLC - 4/11/2019CITY OF ROUND ROCK
AGREEMENT FOR FIREWORKS DISPLAY SERVICES
WITH
MAGIC IN THE SKY, LLC
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS Agreement for purchase of fireworks display services for the City of Round
Rock, Texas (referred to herein as the "Agreement"), is made and entered into on this the 11'iy
day of the month of ftVAIJ , 2019, by and between the CITY OF ROUND ROCK,
TEXAS, a home -rile mun cipaalPity whose offices are located at 221 East Main Street, Round Rock,
Texas 78664 (referred to herein as the "City") and MAGIC IN THE SKY, LLC whose offices are
located at 26926 Hardy Run, Boerne, Texas 78015 (referred to herein as the "Services Provider").
RECITALS:
WHEREAS, City desires to purchase fireworks display services, and City desires to
procure same from Services Provider; and
WHEREAS, City has issued its "Request for Proposals" for the provision of said services,
and City has selected the Proposal submitted by the Services Provider; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City is obligated to purchase specified services and Services Provider is obligated to
provide said services. The Agreement includes the following: (a) City's "Request for
Proposals" ("RFP"), designated Solicitation Number 19-004; (b) Services Provider's Response
to the RFP; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the
following order:
1?-,Uktt - O1Aq-
00417853/ss2
(1) This Agreement;
(2) Services Provider's Response to RFP;
(3) City's RFP, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties to
this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and
the people, civil disturbances, explosions, or other causes not reasonably within the control of the
party claiming such inability.
E. Goods and services mean the specified services, supplies, materials, commodities,
or equipment.
2.01 EFFECTIVE DATE; TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect, unless and until it expires by operation of the term
stated herein, or until terminated as provided herein.
B. The term of this Agreement is for sixty months (60) months from the effective date
hereof. City reserves the right to review the relationship at any time, and may elect to terminate
this Agreement, with or without cause, or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
A. City selected Services Provider to supply the services as outlined in the RFP and
Proposal submitted by Services Provider, all as specified in Exhibit "A," attached hereto and
incorporated herein by reference. The intent of these documents is to formulate an Agreement
listing the responsibilities of both parties as outlined in the RFP and as offered by Services Provider
in its Proposal in response to the RFP.
B. The services which are the subject of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED; SCOPE OF WORK
A. The services set forth in the RFP and Response to the RFP, attached as Exhibit "A"
and incorporated herein by reference for all purposes, are awarded to Services Provider.
B. For purposes of this Agreement, City has issued documents delineating the required
services (specifically Solicitation Number 19-004. Services Provider has issued its response
agreeing to provide all such required services in all specified particulars. All such referenced
documents are included in Exhibit "A." When taken together with the appended exhibits, this
Agreement shall evidence the entire understanding and agreement between the parties and shall
supersede any prior proposals, correspondence or discussions.
C. Services Provider shall satisfactorily provide all services described under the
attached exhibits within the contract term specified in Section 2.01. Services Provider's
undertakings shall be limited to performing services for the City and/or advising City concerning
those matters on which Services Provider has been specifically engaged. Services Provider shall
perform its services in accordance with this Agreement, in accordance with the appended exhibits,
in accordance with due care, and in accordance with prevailing industry standards for comparable
services.
5.01 COSTS
A. The costs listed in the Service provider's "Best and Final Offer," on page forty-three
(43) of the attached Exhibit "A," shall be the basis of any charges collected by Services Provider.
B. In consideration for the services set forth in Exhibit "A," the City shall be
authorized to pay the Services Provider for an amount not -to -exceed Fifty Thousand and No/100
Dollars ($50,000.00) per year for Services Provider's services for a total not to exceed amount of
Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) for the term of this
Agreement.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Services Provider;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perfonn certain
governmental functions and services, including but not limited to purchasing functions, is granted
under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B
and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section
271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful Services
Provider(s) and the City. Such agreement shall be conclusively inferred for the Services Provider
from lack of exception to this clause in the Services Provider's response. However, all parties
hereby expressly agree that the City is not an agent of, partner to, or representative of those outside
agencies or entities and that the City is not obligated or liable for any action or debts that may arise
out of such independently -negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Services Provider a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Services
Provider will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which
the performance of services was complete, or within thirty (30) days of the day on which City
receives a correct invoice for the performance and/or deliverables or services, whichever is later.
Services Provider may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Services Provider, a contractor, a
subcontractor or supplier about the service performed that cause the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
malting a timely payment with federal funds; or
C. There is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the service performed that causes
the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability
to Services Provider if it is determined by City that gratuities or bribes in the form of entertainment,
gifts, or otherwise were offered or given by Services Provider or its agents or representatives to
any City officer, employee or elected representative with respect to the performance of this
Agreement. In addition, Services Provider may be subject to penalties stated in Title 8 of the Texas
Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included
in Services Provider's charges.
12.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the services as specified, City reserves the right and
option to obtain the services from another supplier or suppliers.
13.01 INSURANCE
Services Provider shall meet all requirements as stated in Part II, Section 2 of RFP Number
19-004, attached hereto as Exhibit "A."
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Rick Atkins
Parks and Recreation Director
301 West Bagdad Avenue, Suite 250
Round Rock, Texas 78664
512-341-3344
ricka a,roundrocktexas.gov
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified services elsewhere, Services Provider agrees that it may be charged the
difference in cost, if any, and that it will not be considered in the re -advertisement of the services
and that it may not be considered in future bids for the same type of work unless the scope of work
is significantly changed.
Services Provider shall be declared in default of this Agreement if it does any of the
following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to Assurance"
section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for convenience
and without cause, at any time upon thirty (30) days' written notice to Services Provider.
B. In the event of any default by Services Provider, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Services Provider.
C. Services Provider has the right to terminate this Agreement only for cause, that
being in the event of a material and substantial breach by City or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Services Provider, Services
Provider shall discontinue all services in connection with the performance of this Agreement and
shall proceed to cancel promptly all existing orders and contracts insofar as such orders and
contracts are chargeable to this Agreement. Within thirty (30) days after such notice of
termination, Services Provider shall submit a statement showing in detail the services satisfactorily
performed under this Agreement to the date of termination. City shall then pay Services Provider
that portion of the charges, if undisputed. The parties agree that Services Provider is not entitled
to compensation for services it would have performed under the remaining term of the Agreement
except as provided herein.
18.01 INDEMNIFICATION
Services Provider shall defend (at the option of City), indemnify, and hold City, its
successors, assigns, officers, employees and elected officials harmless from and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Services Provider, or Services Provider's agents, employees or subcontractors, in the performance
of Services Provider's obligations under this Agreement, no matter how, or to whom, such loss
may occur. Nothing herein shall be deemed to limit the rights of City or Services Provider
(including, but not limited to the right to seek contribution) against any third party who may be
liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Services Provider, its agents, employees and subcontractors shall use best efforts to
comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round
Rock, as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. Services Provider acknowledges and understands that City has adopted a Storm
Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139
through 14-152 of the City's Code of Ordinances, to manage the quality of the discharges from its
Municipal Separate Storm Sewer System (MS4) and to be in compliance with the requirements of
the Texas Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge
Elimination System (TPDES). The Services Provider agrees to perform all operations on City -
owned facilities in compliance with the City's Illicit Discharge Ordinance to minimize the release
of pollutants into the MS4. The Services Provider agrees to comply with of the City's stormwater
control measures, good housekeeping practices and any facility specific stormwater management
operating procedures specific to a certain City facility. In addition, the Services Provider agrees
to comply with any applicable TCEQ Total Maximum Daily Load (TMDL) Requirements and/or
I -Plan requirements.
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for services unless the contract contains written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of this contract. The signatory executing this Agreement on behalf of Services
Provider verifies Services Provider does not boycott Israel and will not boycott Israel at any term
of this Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal representatives
to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing
and shall be considered given as follows:
When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage prepaid
to the recipient's address as stated in this Agreement.
Notice to Services Provider:
Magic in the Sky, LLC
26926 Hardy Run
Boerne, Texas 78015
Notice to City:
City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed
by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing, duly authorized by action of the City Manager or City
Council.
24.01 DISPUTE RESOLUTION
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration
Act (9 USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no way
affect the validity or enforceability of any other portion or provision of this Agreement. Any void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties fiirther agree to amend this Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision. The
provisions of this section shall not prevent this entire Agreement from being void should a
provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to generally
accepted industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be fully responsible for its delays or for failures to use best efforts in
accordance with the terms of this Agreement. Where damage is caused to City due to Services
Provider's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
Force Majeure. Neither City nor Services Provider shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for which
it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of
d Rock, Texas
By: ".
Printed Name:
Title: _A
Date Signed: _
Attest: j
By:
Sara White, City Clerk
For City, p oved as to
By: 1...
Stephan L Sheets, City Attorney
Magic in th ky, LC
By:
Printed Name: Tco6 T P
Title:
Date Signed: a aS a0/
ROUND ROCK TEMS
PURCHASING f]nnSION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
REQUEST FOR PROPOSAL (RFP)
FIREWORKS DISPLAY SERVICES
SOLICITATION NUMBER 19-004
NOVEMBER 2018
PART
Exhibit "A"
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
GENERAL REQUIREMENTS
FIREWORKS DISPLAY SERVICES
I. PURPOSE: The City of Round Rock, herein after "the City" seeks proposals from firms experienced in
providing aerial fireworks displays for City residents in celebration of the 41h of July and other special
events. Fireworks displays shall be hereinafter referred to as "Fireworks."
2. BACKGROUND: In 2013 the City of Round Rock Parks and Recreation went out to bid for the services of
providing the City of Round Rock Parks and Recreation Department with a July 41h Fireworks show. The 41h
of July in Round Rock has long been an event that has brought thousands of people out to Old Settlers Park
to enjoy a day of festivities in celebration of the 41h of July. This firework show has been staged on the North
East side of the lake in Old Settlers Park. This has allowed us sufficient space to comply with the use of 6"
shells for the show. The fireworks display shows in Round Rock have typically lasted from 18 to 20 minutes
in length. The fireworks have started at dark and it has been timed to start with the playing of live music from
the Round Rock / Austin area. A grand finale of the last 2 to 2.5 minutes has culminated the show. This past
year we incorporated two satellite sites that added to the scope of the show which provided an additional
'wow' factor. Our vision to is bring a memorable show to the residents of Round Rock.
3. SOLICITATION PACKET: This solicitation packet is comprised of the following:
Description
Index
! Part I — General Requirements
Page(s) 2-5
Part II — Definitions, Standard Terms and Conditions
and Insurance Requirements
Page 6
Part III — Supplemental Terms and Conditions
i
j Page(s) 7-8
Part IV — Scope of Work
Page(s) 9-11
Part V — Proposal Preparation Instructions and Evaluation Factors
Page(s) 12-14
Attachment A — Proposal Submittal Form and Execution
Page 15
Attachment B — Reference Sheet
Page 16
4. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact:
Michael Schurwon, CPPB, CTCD
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-6682
E-mail: mschurwon cr roundrocktexas.gov
Exhibit "A"
Parc 2 of 16
City of Round Rock
Fireworks Display Services
IFB No. 19004
Class/Item: 962-36
November 2018
The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority
is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening
without written approval of the City of Round Rock through the Purchasing Department.
5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT
DATE
Solicitation released
November 15, 2018
Deadline for submission of questions
November 21, 2018 @ 5:00 AM, CST
City responses to questions or addendums
November 29, 2018 @ 5:00 PM, CST
Deadline for submission of responses
December 6, 2018 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted
above. A copy of all the questions submitted and the City's response to the questions shall be posted on the
City's webpage in the form of an addendum at
Questions shall be submitted in writing to the "Authorized Purchasing Contact". The City reserves the right
to modify these dates. Notice of date change will be posted to the City's website
http://www.roundrocktexas.go /bids
6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described herein. Various
updates may include addendums, cancellations, notifications, and any other pertinent information necessary
for the submission of a correct and accurate response. The City will not be held responsible for any further
communication beyond updating the website.
7. SITE VISIT: Respondents are encouraged to visit the launch locations for the Fireworks displays prior to
submitting a response. Please refer to location map listed in Part IV- Scope of Work, Section 8. Format.
7.1. It is the responsibility of the Respondent to examine the sites to determine any difficulties or
restrictions inherent in the sites.
7.2. Failure of Respondents to visit the fireworks display show sites will not permit adjustments to pricing
at a later date.
8. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted
in PART I, Section 5 — Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Michael Schurwon, CPPB, CTCD
Purchasing Department
221 E. Main Street, 1st Floor Reception Desk
Round Rock, Texas 78664-5299
8.1. Sealed responses shall be clearly marked on the outside of packaging with the RFP Solicitation title,
number, due date and "DO NOT OPEN".
8.2. Facsimile or electronically transmitted responses are not acceptable.
8.3. Responses cannot be altered or amended after opening.
8.4. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
8.5. The City will not be bound by any oral statement or offer made contrary to the written proposal.
8.6. Samples and/or copies shall be provided at the Respondent's expense, and shall become the property
of the City.
Exhibit "A"
Pagc 3 of 16
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
8.7. Receipt of all addenda to this RFP must be acknowledged, signed, and included with the proposal
response.
B.S. Late Proposal(s) will not be considered under any circumstances and will be returned unopened, if a
return address is provided.
9. RESPONDENT REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full
comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist
participating Respondents in compiling their final responses. Respondents are encouraged to carefully read
the entire solicitation.
9.1. Respondent shall submit one (1) evident signed "Original," one (1) identical electronic copy of the RFP
response on a flash drive, and two (2) physical copies of the RFP response. The submittal is required
to include all addendums and requested attachments. The RFP response along with samples and/or
copies shall be provided at the Respondents expense, and shall become the property of the City.
9.2. This request for proposal (RFP) does not commit the City to contract for any supply or service.
Respondents are advised that the City will not pay for any administrative costs incurred in response
preparation to this RFP; all costs associated with responding to this RFP will be solely at the interested
parties' expense. Not responding to this RFP does not preclude participation in any future
RFP/RFQ/IFB.
9.3. For your RFP submittal to be considered responsive the attachments identified below shall be
submitted with your proposal.
Addendums: Addendums may be posted to this solicitation. Respondents are required to submit
signed addendums with their sealed response. The Respondent shall be responsible for monitoring
the City's website at http:t/www.roundrocktexas.gov/bids for any updates pertaining to the solicitation.
Attachment A: PROPOSAL SUBMITTAL FORM AND EXECUTION: Failure to complete and sign the
proposal submittal form and execution may result in the disqualification of Your proposal.
Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of
at least three (3) valid Municipal, Government agencies or firms of comparable size that have utilized
services that are similar in type and capacity within the last two (2) years. City of Round Rock references
are not applicable. References may be checked prior to award. If references cannot be confirmed or if
any negative responses are received it may result in the disqualification of submittal.
9.4. Provide a DVD representing an example of the respondent's 20 -minute fireworks show.
10. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing Definitions,
Standard Terms and Conditions, all documents submitted in response to a solicitation shall be subject to the
Texas Public Information Act. Following an award, responses are subject to release as public information
unless the response or specific parts of the response can be shown to be exempt from the Texas Public
Information Act. Pricing is not considered to be confidential under any circumstances
10.1. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be
clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the
document. The City will not be responsible for any public disclosure of confidential information if it is
not clearly marked as such.
10.2. If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and
information as to why the information should be protected from disclosure. The matter will then be
presented to the Attorney General of Texas for final determination.
11. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal Regulations 2
CFR part 180 suspension and debarment may apply to this agreement. The City of Round Rock is
prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred
or whose principals are suspended or debarred from doing business with the Federal Government, State of
Texas, or the City of Round Rock.
Exhibit "A"
Paac 4 of 16
City of Round Rock
Fireworks Display Services
IFB No, 19-004
Class/Item: 962-36
November 2018
12. CERTFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is signed for a contract
award requiring council authorization. The "Certificate of Interested Parties" form must be completed on the
Texas Ethics Commission website, printed, signed and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior
to final contract execution. Link to Texas Ethics Commission
Webpage:https:;/www.ethics.state.tx.us/whatsnew/elf info form1295 htm
Exhibit "A"
Page 5 of 16
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
PART II
DEFINITIONS, STANDARD TERMS AND CONDITONS
AND INSURANCE REQUIREMENTS
DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of
release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on
the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It
is the sole responsibility of Respondents to stay apprised of changes. The City's Definitions, Standard
Terms and Conditions can be viewed and downloaded from the City's website at:
https://www.roundrocktexas.gov/departments/purchasing/
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktexas.gov/departments/purchasing/
Exhibit "A"
Page 6 of 16
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
PART III
SUPPLEMENTAL TERMS AND CONDTIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the
following:
1.1 The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60)
months.
1.2 Upon expiration of the contract term, the Contractor agrees to hold over under the terms and
conditions of this agreement for such a period as is reasonably necessary to re -solicit and/or complete
the project up to 90 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
2.1. Be firms, corporations, individuals or partnerships normally engaged in providing aerial fireworks
display services as specified herein and have adequate organization, facilities, equipment, financial
capability, and personnel to ensure prompt and efficient service to the City;
2.2. In order to confirm financial stability the City may choose to review audited financial statements at
any time throughout the RFP evaluation process. The Respondent shall provide two years audited
financial statements, including any notes or supplemental schedules within 2 business days upon
request.
2.3. The Respondent shall include in the proposal a list all litigation the company or its principals have
been involved in within the last three (3) years.
2.4. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for
consideration in this RFP process.
3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services. The City seeks to do business directly with a company experienced in providing aerial
fireworks display services.
4. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules and regulations. The Respondent
shall:
4.1. Ensure that all employees comply with all Occupational Safety and Health Administration
(OSHA), State and City safety and occupational health standards and other applicable federal,
state, and local health, safety, and environmental laws ordinances, rules and regulations in the
performance of these services;
4.2. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause
injury or damage to any persons or property within and around the work site. In case of conflict, the
most stringent safety requirement shall govern;
4.3. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines penalties and liability of every kind arising from the breach of the Successful
Respondents' obligations under this paragraph.
5. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds and risk management. No separate line item charges shall be permitted for either
response or invoice purposes.
Exhibit "A"
Page 7 of 16
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
6. PRICE INCREASE: Contract prices for aerial fireworks display services shall remain firm throughout the
initial twelve (12) month term of the contract. A price increase to the agreement may be considered on
the anniversary date of the Contract each year and shall be equal to the consumer price index for that
year, but at no time can the increase be greater than 15% for any single line item.
6.1. Consumer Price Index (CPI): Price adjustments will be made in accordance with the percentage
change in the U.S. Department of Labor Consumer Price Index (CPI -U) for all Urban Consumers.
The price adjustment rate will be determined by comparing the percentage difference between the
CPI in effect for the base year six-month average (January through June OR July through
December); and each (January through June OR July through December six month average)
thereafter. The percentage difference between those two CPI issues will be the price adjustment
rate. No retroactive contract price adjustments will be allowed. The Consumer Price Index (CPI) is
found at the Bureau of Labor Statistics, Consumer Price Index website: http://www.bis.-gov/cpi/.
6.2. Procedure to Request Increase:
6.2.1. Mail the written price increase request with the rate detail comparison and comprehensive
calculation and any supporting documentation to the designated City Contract Specialist a
minimum of 45 days prior to the annual Contract anniversary date. The detailed written
calculation will be verified and confirmed. All written requests for increases must include
the City of Round Rock contract number, solicitation reference information and contact
information for the authorized representative requesting the increase. Price increase
requests shall be sent by mail to:
City of Round Rock
Purchasing Department
Attn: Contract Specialist
221 st Main Street
Round Rock, TX 79664-5299
6.2.2. Upon receipt of the request, the City reserves the right to either, accept the escalation and
make change to the purchase order within 30 days of the request, negotiate with the Vendor
or cancel the agreement or purchase order if an agreement cannot be reached on the value
of the increase.
PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents'
performance anytime during the contract term.
8. POINT OF CONTACT / DESIGNATED REPRESENTATIVE:
8.1. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon
award of the contract to include contact information. The City's designated representative shall be
notified by the Respondent immediately should the point of contact change.
8.2. The City's designated representative: The City's designated representative shall be:
Mr. Randy Gordon
Parks Manager
Parks and Recreation
Phone: (512) 341-3340
E-mail: rgordon@roundrocktexas.aov
9. INTERLOCAL PURCHASING AGREEMENTS
9.1. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to
offer the same price and terms and conditions to other eligible agencies that have an interlocal
agreement with the City.
9.2. The City does not accept any responsibility or liability for the purchases by other government
agencies through an interlocal cooperative agreement.
Exhibit "A"
Page 8 of 16
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
PART IV
SCOPE OF WORK
1. Introduction: Round Rock, Texas, with a population of around 113,000, is located 15 miles north of Austin in
the Central Texas hill country. Round Rock is the 31 st largest City in Texas, according to the 2010 U.S. Census
Bureau data.
2. Purpose: The City seeks an agreement with a qualified Respondent to provide aerial fireworks display
services for City residents in celebration of the 4th of July and other special events. Fireworks shall provide a
high quality presentation with creativity and variety of display for maximum family enjoyment.
3. SERVICE REQUIREMENTS: Services shall be performed at:
Primary Location
City of Round Rock
PARD Yard
300 S. Burnett
Round Rock, Texas 78664
AND
Secondary Location (Optional)
City of Round Rock
Old Settler Park
3300 Palm Valley Blvd.
Round Rock, Texas 78665
4. CRITICAL REQUIREMENTS: Safety is the City's highest priority in the execution of the Fireworks displays.
Fireworks shall conform to the regulations set forth by the National Fire Protection Association (NFPA) Code
1123 for Fireworks Displays.
4.1. Code can be located at the link below:
http://www.nfpa.org/aboutthecodes/aboutthecodes asp?docnum=1123
4.2. Respondent shall maintain launch distances per national regulatory standards.
4.3. Fireworks proposal shall meet with the approval of the City's Fire Department prior to acceptance
and launch.
5. TRANSPORATION: Successful Respondent shall be responsible for transporting Fireworks and associated
equipment in compliance with Federal, State and Local laws and regulations to include NFPA Code 1123.
6. PERMITS: Respondent shall possess applicable Federal, State and City permits and licenses required to
execute Fireworks displays.
T. SCHEDULE: Fireworks display shall commence at a time specified by the City at time of scheduling.
8. FORMAT: The City of Round Rock — Parks and Recreation Department seeks a Fireworks display with an
Opening Barrage, a Main Program and a Finale. Fireworks display to include two (2) separate water cake sites
next to the water's edge (within 5) with a minimum of 75' radius secured zone and is to be synchronized with
the main 3" — 6" main launch site.
Exhibit "A"
Pace 9 of 16
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
svvork Display
July 4th
)0 East Palm Valley
and Rock, TX 78664
nater C;aKes
9inimum 75' radius secured
round firing site. Placement
'from water edge
T- 6" Shells and Cakes
�_,���W'ZqMinimum 420' radius secured
�_A around firina site,
,No hazardous material within 840'.
No schools. hospitals. churches, daycares within 600'.
pSecurity provided by City of Round Rock personnel
a. Respondent shall provide pricing on said format for the following show lengths/time slots:
L 15 Minute
ii. 20 Minute
iii. 25 Minute
b. Shells shall range in size from, 3"— 6" in compliance with the regulations specified herein.
c. Proposal shall reflect number of shells and size of shells for each segment and each length of program.
d. Musical accompaniment is not required.
9. FIREWORKS LAUNCH: Successful Respondent shall manage and execute all aspects of Fireworks
displays to include transport, set-up, launch and clean-up of fireworks and associated equipment. City
staff shall not be made available to assist.
a. Successful Respondent shall meet the City's Fire Department representatives at the launch site prior
to launch for review of program.
Exhibit "A"
faic 10 of 16
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
10. RAIN DATE OR CONTINGENCY: City requires a rain date to be identified at time of scheduling should
the weather be inclement on event date. City shall make inclement weather determination.
a. City also requires Respondent to agree that in the event of a regional fireworks ban due to drought or
other circumstance the City is not under any obligation to launch Fireworks displays or pay for said
display that day.
11. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment and/or
property through negligence in work, personnel and equipment.
12. EMERGENCY: City shall provide emergency fire and police personnel on site during the Fireworks
displays in order to be close at hand in the event of an emergency.
Exhibit "A"
Page 11 of 16
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
PART V
PROPOSAL PREPERATION INSTRUCTIONS
AND EVALUATION FACTORS
1. Proposal Acceptance Period: All proposals are valid for a period of one hundred and twenty (120) calendar
days subsequent to the RFP closing date unless a longer acceptance period Is offered in the proposal.
2. Proprietary Information: All material submitted to the City becomes public property and is subject to the
Texas Open Records Act upon receipt. If a Proposer does not desire proprietary information in the proposal to
be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the
extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what
information must be disclosed, however, lies with the Texas Attorney General. Failure to identify proprietary
information will result in all unmarked sections being deemed non-proprietary and available upon public
request.
3. Exceptions: Be advised that exceptions to any portion of the Solicitation may jeopardize acceptance of the
Proposal.
4. Proposal Preparation Costs: All costs directly or indirectly related to preparation of a response to the RFP
or any oral presentation required to supplement and/or clarity a proposal which may be required by the City
shall be the sole responsibility of the Proposer.
5. Proposal Response: Responses shall be clear and concise and shall include at a minimum: title page,
transmittal letter, index or table of contents, dividers for each section and all required attachments. It is
recommended that responses be submitted In ringed binders, metal spirals, or another bound format that best
contains all required documentation for submission.
6. Proposal Format: Prefacing the proposal, the Proposer shall provide an Executive Summary of three (3)
pages or less, which gives in brief, concise terms, a summation of the proposal. The proposal itself shall a title
page, index or table of contents, dividers for each section and all required attachments and addendums to be
organized in the following format by Tab and informational sequence:
A. Tab 1- Business Organization: State full name and address of your organization and identify parent
company if you are a subsidiary. Specify the branch office or other subordinate element which will
perform, or assist in performing, work herein. Indicate whether you operate as a partnership, corporation,
or individual. Include the State in which incorporated or licensed to operate.
B. Tab 2 - System Concept and Solution: Define in detail your understanding of the requirement presented
in the Scope of Work of this request for proposal and your system solution. Provide all details as required
in the Scope of Work and any additional information you deem necessary to evaluate your proposal.
C. Tab3 - Program: Describe your technical plan for accomplishing required work. Include such time -related
displays, graphs, and charts as necessary to show tasks, sub -tasks, milestones, and decision points
related to the Scope of Work and your plan for accomplishment. Specifically indicate:
I. A description of your work program by tasks. Detail the steps you will take in proceeding from
Task 1 to the final tasks.
ii. The technical factors that will be considered in section above, and the depth to which each will
be treated.
iii. The degree of definition provided in each technical element of your plan.
iv. The points at which written, deliverable reports will be provided.
V. The amount of progress payments you are requesting upon successful completion of milestones
or tasks, deducting ten percent (10%), which will be paid upon final acceptance by the City.
vi. A statement of your compliance with all applicable rules and regulations of Federal, State and
Local governing entities. The Proposer must state his compliance with terms of this Request for
Proposal (RFP).
vii. Provide a DVD program with your offer that best represents your 20 minute show.
Exhibit "A'
Page 12 of 16
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
D. Tab 4 - Project Management Structure: Provide a general explanation and chart which specifies project
leadership and reporting responsibilities; and interface the team with City project management and team
personnel. If use of subcontractors is proposed, identify their placement in the primary management
structure, and provide internal management description for each subcontractor.
E. Tab 5 - Prior Experience: Describe only relevant corporate experience and individual experience for
personnel who will be actively engaged in the project. Do not include corporate experience unless personnel
assigned to this project actively participated. Do not include experience prior to 2014. Supply the project
title, year, and reference name, title, present address, and phone number of principal person for whom prior
projects were accomplished.
F. Tab 6 - Personnel: Include names and qualifications of all professional personnel who will be assigned to
this project. State the primary work assigned to each person and the percentage of time each person will
devote to this work. Identify key persons by name and title. Provide all resumes.
G. Tab 7- Authorized Negotiator: Include name, address, and telephone number of person in your
organization authorized to negotiate Contract terms and render binding decisions on Contract matters.
H. Tab 8 — Attachments and Addendum including Attachment A — Proposal Submittal Form, Execution,
Attachment B — Reference Sheet and signed addendums (if applicable), provide a DVD program with
your offer that best represents your 20 minute show.
I. Tab 9 — Cost Proposal: Information described in the following subsections is required from each Proposer.
Your method of costing may or may not be used but should be described. A firm fixed price or not -to -exceed
Contract is contemplated, with progress payments as mutually determined to be appropriate. Ten percent
(10%) of the total contractual price will be retained until submission and acceptance of all work products.
For the purposes of cost evaluation assume a program length of 20 minutes but provide costs for 15 and 25
minute shows as well.
i. Manpower. Itemize to show the following for each category of personnel with separate hourly rate.
a. Manager, senior consultant, analyst, subcontractor etc.
b. Estimated hours for each category of personnel.
c. Rate applied for each category of personnel
ii. Itemized Cost of Supplies and Materials
iii. Other itemized costs
iv. Travel Expenses- Travel expenses shall be in compliance with City travel policy.
v. Total (not to exceed) Cost
7. EVALUATION CRITERIA: The intent of the City Is to award to one Respondent in accordance with the
evaluation criteria below. The purpose of this evaluation criteria is to determine which proposal best meets
the requirements and provides the best overall value to the City. The evaluation criteria will be determined
based off of a 20 minute fireworks program.
a. Evaluation Criteria: Weights:
• Respondent's Solution, 40 points
Approach and Timeline
• Individual Qualifications 20 points
• Work Experience 20 points
• Price 20 points
Maximum Weight:
Exhibit "A"
Page 13 of 16
100 points
City of Round Rock
Fireworks Display Services
IFB No. 19-004
Class/Item: 962-36
November 2018
b. An evaluation committee will be established to evaluate the proposal. The committee will include
employees of the City and may include other impartial individuals who are not City employees. The
evaluation committee will determine if discussions and/or Best and Final Offers are necessary. Award
of a contract may be made without discussions or Best and Final Offers, if in the best interest of the
City. The evaluation committee may determine that discussions are necessary to clarify or verify a
written proposal response. The City may, at its discretion, elect to have respondents provide oral
presentations of their proposal. A request for a Best and Final Offer is at the sole discretion of the City
and will be requested in writing. The evaluation committee will evaluate the finalists and make a
recommendation for award.
C. The City reserves the right to reject any or all proposals submitted, or to award to the respondent who
in the City's opinion, offers the best value to the City. The City also reserves the right to cancel the
RFP process and pursue altemate methods for providing the requirements.
d. The City reserves the right to conduct studies and other investigations as necessary to evaluate any
proposal.
e. The City reserves the right to waive any minor technicality, irregularities or informalities noted
in the submission process. Submission of proposal confers no legal rights upon any
Respondent.
f. The City reserves the right to request further documentation or information and to discuss proposal
response with any Respondent in order to answer questions or to clarify any aspects of the proposal.
g. The City may develop a "short list" of qualified proposal, and may determine that the
Respondent(s) should submit a Best and Final Offer (BAFO). Each "short listed" Respondent will be
given a reasonable opportunity for discussion and revision of their proposal.
8. AGREEMENT NEGOTIATIONS AND AWARD PROCESS.
8.1. A proposal presented in response to this RFP is subject to negotiation concerning any issues
deemed relevant by the City. The City reserves the right to negotiate any issue with any party. Any
contact by the Respondent with the City regarding this RFP, other than those submitted in writing will
result in disqualification of the Respondent's proposal.
8.2. Submission of proposal indicates the Respondent's acceptance of the evaluation process and
recognition that the City may make subjective judgments in evaluating the proposal to determine the
best value for the City.
8.3. If negotiations are successful, enter into an agreement.
8.4. If not successful, formally end negotiations with that Respondent. The City may then:
8.4.1 Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair
and reasonable terms, conditions and cost with that Respondent.
8.4.2 The City shall continue this process until an agreement is entered into or all negotiations are
terminated.
8.5 The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most
advantageous, or to waive any irregularities or informalities in the submittal received.
8.6 An independent signed authorized contract will be sent to the successful Respondent. Execution of a
City of Round Rock contract is required prior to starting work and processing any payments to the
awarded Respondent.
9. POST AWARD MEETING: The City and the Respondent may schedule a post award meeting to discuss, but
not be limited to the following:
9.1 Provide City contact(s) information for implementation of the Agreement.
9.2 Identify specific milestones, goals and strategies to meet objectives.
Exhibit "A"
Page 14 of 16
Magic in the Sky, LLC
26926 Hardy Run
Boerne, TX 78015
Phone: 210-267-5371
Fax: 210-247-6182
Jacob J Dell, Director of Operations
Jacob@MagiclnneSky.com
Proudly Presents its Fireworks Proposal for:
Solicitation #19-004
REQUEST FOR PROPOSAL
FIREWORKS DISPLAYS
To:
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
January 9, 2019
Exhibit "A"
�
MA( J1C
www.MagicInTheSky.com
Cheryl Kaufman
Purchasing Department
City of Round Rock
221 East Main Street
Round Rock, TX 78664-5299
Ms. Kaufman,
Magic in the Sky is a Texas firm that directly imports product from China allowing us the maximum
in design control and value. We utilize ShowSim computer choreography to precisely sync each
effect to your soundtrack for electronic firing using our FireOne system. We use this detailed
approach to conduct displays from Florida to Texas including San Antonio's two major theme
parks.
Our relationship with shell builder Dwayne Lloyd allows us to offer exclusively manufactured
materials for Magic in the Sky right here in San Antonio These shells are hand loaded with special
effects, long duration stars, and colors more brilliant than offered in the finest imported material.
Because there are many possibilities for producing a show at your location we have included four
configurations. In addition to the included quotes we are happy to offer a la carte for each event
to give your team a broader selection to best exceed your requirements.
Magic in the Sky would be delighted to add Round Rock to our list of satisfied customers by
producing your July 411 and other Celebrations. Please contact me directly on my cell phone 210-
831-4752 to let us know how we can better serve your needs.
Sincerely,
Jacob J Dell
President
Exhibit "A"
DID SUMM&kY
� / s„r. taaw slaw -1>r�_.
1rjlAGI� Ormuse there o wide ran9t of MVI.Rtim when combining 13{/1.Sy Ma`ic In the 5iY wwld_litt 'L te+rtp .teen _tdrw
work cimlywfth Round Rxk to determine the martmum LT..pav for Ike budget dollar pomwe. um'^""` 'a— 29mnuur sr.ww
While the Ref IndiHtea time frames, we would Rke to offer four show fs-tII to best pryem the
W dram to the public
tourete 5l5,omm 520,07ow SM,loom Sa2=03
PPLODUCT MOPQSAI.
hodua
Crtaan fou.nna
MaMAeRtmt
nein SReta
Ouarng„ araMu.
WM11w
#E+F'4rX'>.:
Glra
laa USUCNn.a
rlfky.e Gla aS
2
a 6
e
ilt tTNa%HWn
V.rtp,.Iw.nH rMtawr1591 :v
3
S F
e
T She'p
1Ta USNQ+na
I'M— o.r I
Its
m tic
412-
11SM0r
tie VL/prnf/ipr4yrnkeJMstneaJHpan
a'A11on*.arn Slnlr 3
tee
lu Ip
114
S ft••er
1.32 US1jChwaRmelJeranor/synraf:r/HpM
5'lryyenrq SAeh 1
170
lit iY
I12:
65MAr
Its VWLhna/SerkJerxrr/artoeln7Hwn
6'AuarummSMa1 1
el
97 111
113
7atalSMu
Ijru9 t,fol
},lN
1,711
♦rrraer Steal pr useM
11
lA 1J
Al
The wore of A pyromullcel belt Ind$9tes the applopdam
WWA m14 to be UWd. We VIII create a package of equal of greater value. In cpnlunctlon with
the Round Rock team
bated on the final mosic seleCtiOnd and effects desired,
N 1-111 _ hl
SEVERE WEATHER OPERATIONAL PROCEDURES
WARNING This document contains Sensitive secunty Inrormanon this is controlled under 49 CFR para 15 and 1520 No part of this record may be
disclosed to perstim without a "need to know'", as defined in 49 CFR parts 15 and 1520, accept with the written permission of the Administrator orthe
Trunsportauon Security Admcnistrahon of the Secretary of Transportation Unauthonred release may result in civil penalty or other actions Contact
MITS Director of Operations at 210.631.1752 for more information
Magic in the Sky will maintain operational control of all display sites during severe weather through
the following procedures. Theses procedures are compatible with MITS Department of Homeland
Security Hazardous Materials Security Plan and are designed to prevent unauthorized access to 1.3G
and I AG explosives materials.
Severe Wind Conditions (Tornado Category 1=1+; Hurricane C1+) Reference NFPA 2010 8.1.4.2, 8.1.7
• When there is emanate threat of severe wind conditions, operator will as practical, secure all
firing equipment and remove all explosive material from the site for storage in an approved
Type IV magazine
• If energetic material has been loaded for firing, operator will:
o If safely possible, remove all explosive material from the site for storage in an
approved Type IV magazine
o if time does not allow for safe removal operator will coordinate with the AH3 to fire
all product before the onset of severe winds to prevent explosive materials from being
uncontrollable blown from the display site.
Rain Conditions
Operator will ensure that loading continues in a safe manner Reference NFPA 2010 8.1. "
o Product shall not be loaded into wet mortars
a All product shall be weather wrapped as loaded
a Proximate devices including one shot comets, gerbs, fountains, SPD's and other
effects that by their designed, are not able to be wrapped shall not be loaded.
o Crew shall work in teams with one -member loading devices while the other member
covers and protects from rain.
Electrical Events
• When lightning is detected within 7 miles of the display site all loading shall halt until
conditions improve
o Operator shall disconnect the firing system from all electrical connections
o All Modules shall be disconnected from two -wire
n All electrical matches shall be stored in wooden case/ready box at least 50 feet from
all explosive materials
a Operator shall keep crew at least 50 feet from all loaded explosives and maintain
NFPA spectator distances of at least 70 feet per inch until the material is:
:a Safely removed from the site for storage in an approved Type IV magazine
• Fired in coordination with the AHJ
Magic in the Sky Severe Wcather Operating Procedure tteviscd March 5, 2018
Exhibit "A"
I �
=1V1RCIC`
a�=rlal
;;; v,
Electrical Events (continued)
o In the event of uncontrolled electrical ignition
■ Operator will maintain operational control of site
■ Increase the safety distances as warranted
Immediately notify MITS Director of Operations for implementation of
Occurrence Mitigation Plan
Extreme Temperature
• When temperatures exceed 110° For are below 28'F loading of the show will be
discontinued until conditions return to safe loading temperature range.
High Wind Speeds During Show (15+ MPH Sustained) Reference NFPA 2010 A.8.1 A.2
• In considering when wind speed is excessive for the reasonably safe performance of a
fireworks display, operator will judge:
o The potential for an increased risk of hazardous debris from the display falling into
the spectator areas
o The potential for an increased probability of fire that is made excessively difficult to
control
• An increased fallout hazard occurs when the wind is gaveling in a direction toward one or
more spectator areas. Under these circumstances mitigation strategies that should be
considered are as follows:
o To move the spectators out of the path of the fallout
o To redirect the fallout by moving the fireworks or re -angling the mortars
o To increase the separation distance between the fireworks and the spectators
o To modify the content of the display to eliminate the fireworks of greatest concern
o To delay the display until the weather conditions have improved
o To implement a combination of these strategies
Some possible mitigation strategies to be considered regarding fire risks are as follows:
o To water down the area and items of concern immediately before the display
o To redirect the fallout by moving the fireworks or re -angling the mortars
o To increase the separation distance between the fireworks and the areas containing
the fire hazards
o To modify the content of the display to eliminate the fireworks of greatest concern
o To increase the amount of suppression equipment and personnel in the immediate
area
o To delay the display until weather conditions have improved
• Show will be cancelled or discontinued if winds exceed 20 MPH sustained or during gusts
above 25 MPH
o NFPA safety distance will assume to be double at 20 MPH causing the operator to
cut the permissible shell diameter in half until winds stabilize below 20 MPH
Magic in the Sky Severe Weather Operating Procedure Revised March 5, 2018 2 1 r' a
Exhibit "A"
Magic in the Sky Licensing and Safety
Safety is Magic in the Sky's top priority. We are constantly updating our product design, shoot site layout,
firing protocols, and show scripting to ensure every display is safe for both our team members and the
viewing public. We partner with the following agencies to help us remain vigilant to prevent accidents
from occurring:
K nT
_ 4
7 7
I. -AVrr
F M C S A
ft OCI t4vo CVriw Scluy dd;nnynr,4cn
of TR.4&
gg Y
UJ t !. O
C1 Z
STATES of
Magic in the Sky Video Montage
Since 1999 Magic in the Sky has been pleased to produce amazing fireworks displays and
pyromusicals for Municipalities and Theme Parks throughout the United States including:
Austin, TX
Laporte, TX
Savannah, TX
Bloomington, IN
Cincinnati, OH
Mendon, OH
Bw City, TX
Laredo, TX
Schertz, TX
Chunubusco, IN
College Corner, OH
Middletown, OH
Baytown, TX
Leon Valley, TX
South Austin, TX
Covington, IN
Commercial Point, OH
Mt. Vernon, OH
South Houston,
Beaumont, TX
Medina, TX
TX
Danville, IN
Delta, OH
Ohio City, OH
Comfort, TX
Corpus Christi,
Missouri City, TX
Temple, TX
Elkhart, IN
East Liberty, OH
Osgood, OH
TX
New Braunfels, TX
Tomball, TX
Indianapolis, IN
Eaton, OH
Rio Grande, OH
Devers, TX
Orange, TX
Utopia, TX
Liberty, IN
Findlay, OH
Rockford, OH
Edna, TX
Port Aransas, TX
Uvalde, TX
Richmond, IN
Ft. Recovery, OH
Trenton, OH
Floresvllle, TX
Poteet, TX
Victoria, TX
South Bend, IN
Knoxville, OH
Village of Wren, OH
Giddings, TX
Providence Village, TX
Webster, TX
Jackson, NJ
Lewisburg, OH
Wauseon, OH
Groesbeck, TX
Rio Grande, TX
Williamsburg, VA
Archbold, OH
Mansfield, OH West Portsmouth, OH
Helotes, TX
Rosenberg, TX
Dade City, FL
Baltimore, OH
Maria Stein, OH
West Union, OH
Houston, TX
San Antonio, TX
Orlando, FL
Cambridge, OH
Marion, OH
Xenia, OH
Kerrville, TX
San Benito, TX
Plant City, FL
Cardington, OH
McArthur, OH
Sarver, PA
Tampa, FL
Celina, OH
Magic in the Sky Video Montage
Since 1999 Magic in the Sky has been pleased to produce amazing fireworks displays and
pyromusicals for Municipalities and Theme Parks throughout the United States including:
5r!Flaqs
GARDENS
I'll-TAA411A BAY FL
7
Six Flags
GREAT ADVENTURE
& SAFARI
&-I
World
SAN ANTONIO
--O�
SeaWorld
A D V E N T U R C P A R K
Orlando
'WILLIAMSBURG. VA
V nir;;K TYPICAL AERIAL SHELL PERFORMANCE
MIuMOM 43' 49' 66' 98' 148' 19T 361' 426' 492' 984'
RISING 1 164'230'263'328'410'492' 656' 820' 984' 1,050
HaGHT
4 Z.a a 4 z e- x" 10" 12" 16„
N I I It Ohl
www.Magic[nTheSky.com
Shell Assortments
Magic in the Sky has carefully selected these shell assortments to deliver consistent performance for theme
park shows while providing a variety of effects and vibrant colors.
4"-6" Assortment with or without tail
Snell Color and Effect Quantity
Blue & White Peony 2
Blue Chrysanthemum 2
Blue Diadem 2
Blue Peony
4
Blue To Crackling
2
Color Chrysanthemum
2
Color Peony
6
Crackling Diadem
2
Dahlia Golden
2
Golden Chrysanthemum
2
Golden Diadem
2
Golden Peony
2
Green & White Peony
4
Green Chrysanthemum
4
Green Peony
6
Green To Crackling
2
Purple Chrysanthemum
4
Purple Peony
2
Red & Blue Peony
4
Red & Silver Peony
4
Red Chrysanthemum
4
Red Diadem
2
Red Peony
6
Red To Crackling
2
Sea Blue Peony
2
White Chrysanthemum
4
White Diadem
2
White Peony
6
Yellow Chrysanthemum
2
Yellow Diadem
2
Yellow Peony
2
Yellow To Crackling
2
Exhibit "A"
www.MagicInTheSky.com
3" Assortment A with rising colored tail
Shell Color and Effect
Quantity
Red Chrysanthemum
2
Red Diadem
2
Red Wave
2
Red & Silver Glittering
2
Red & Blue Chrysanthemum
2
White Chrysanthemum
2
White Diadem
2
Blue Chrysanthemum
2
Blue Diadem
2
Blue Wave
2
Blue & Silver Glittering
2
Golden Wave
2
Golden Wave To Purple
2
Purple Wave
2
Glittering Purple
2
Silver Wave
2
Silver Wave To Purple
2
Silver Wave To Green Flashing Flower
2
Brocade Red
2
Red Coconut Tree
2
Red Crackling Coconut Tree
2
Red Willow
2
Brocade Crown To White Flashing
2
Brocade Blue
2
Blue Coconut Tree
2
Brocade Golden
2
Diadem Chrysanthemum W/Reports
2
Golden Coconut Tree
2.
Golden Kamuro
2
Willow To Strobe
2
Golden Spider
2
Golden Crackling Coconut Tree
2
Brocade Coconut Tree
2
Brocade Purple
2
Purple Coconut Tree
2
Brocade Silver
2
Exhibit "A"
Color Palette
Blue
Gold
Purple
Red
Silver
White
12
22
8
18
8
4
.MAGI
N Id It tihl
www.MagicinTheSky.com
3" Assortment B
Shell Color and Effect
Quantity
Blue & Crackling Star
2
Blue Crackling Ring
2
Blue Ring
2
Blue To Crackling
2
Blue To Golden Crackling Chrysanthemum Flower
2
Blue To Red Peony
2
Blue To White Peony
2
Color Changing Kamuro
2
Crack. Willow & Crackling Tail
2
Crackling Spider
2
Dahlia Red
2
Dahlia Silver
2
Dragon Eggs W/Coconut Tree Pistil
2
Golden Flashing To Red
2
Half Purple & Crackling
2
Half Red & Blue Peony
2
Purple To Golden Crackling Chrysanthemum Flower
2
Purple To Golden Peony
2
Purple To Silver Peony
2
Red & Blue Peony
2
Red & Crackling Star
2
Red And Blue (Alternating) Ring
2
Red Circles W/Wave
2
Red Crackling Ring
2
Red Ring
2
Red To Blue Peony
2
Red To Blue Ring
2
Red To Crackling
2
Red To Golden Crackling Chrysanthemum Flower
2
Red To White Peony
2
Silver Coconut Tree
2
Silver Spider
2
Silver Time Rain Coconut Tree
2
White Crackling Ring
2
White To Crackling
2
Willow To Crackling
2
Exhibit "A"
Color Palette
Blue 14
Color 2
Crackling 12
Purple 8
Red 18
RWB 10
Silver 8
www.Magic!nTheSky.com
3" Assortment C with rising silver tail
Shell Color and Effect Quantity
Blue Chrysanthemum
2
Blue Coconut Tree
2
Blue Peony
2
Blue Peony W/ Strobe Pistil
2
Brocade Crown
2
Brocade Crown To Purple
2
Charcoal Chrysanthemum
2
Colorful Chrysanthemum
2
Color;ul Peony
2
Diadem Chrysanthemum To Crackling Flowers
2
Diadem Chrysanthemum To Variegated Strobe
2
Golden Kamuro To Purple
2
Golden Peony
2
Golden Strobe
2
Green Chrysanthemum
2
Green Peony W/Strobe Pistil
2
Green To Silver Strobe
2
Purple Chrysanthemum
2
Purple Chrysanthemum W/ Strobe Pistil
2
Purple Coconut Tree
2
Purple Peony
2
Red Chrysanthemum
2
Red Chrysanthemum W/ Strobe Pistil
2
Red Fish
2
Red Gamboge Crown To Variegated Strobe
2
Red Peony
2
Red Peony W/ Blue Pistil
2
Red Peony W/ Strobe Pistil
2
Red Peony W/Brocade Pistil
2
Red To Brocade Crown
2
Red "to Silver Strobe
2
Silver Chrysanthemum
2
Silver Chrysanthemum W/ Strobe Pistil
2
Silver Coconut Tree
2
Silver Peony W/ Red Pistil
2
White Peony
2
Exhibit "A"
Color Palette
Blue 8
Gold 14
Color 6
Green 6
Purple 8
Red 20
Silver 8
White 2
E
"AAC I
NI�IL.C,
. K -Y
www.MagicinTheSkV.com
3" Assortment D
Shell Color and Effect
Quantity
Red & Blue & White Peony
2
Blue Chrysanthemum W/ Red Pistil
2
Blue Peony To Brocade Ring
2
Blue Peony W/ Glitter Coconut Core
2
Blue Peony W/Golden Pistil
2
Color Changing Peony To Brocade Ring
2
Color Changing Peony W/ Glitter Coconut Core
2
Dahlia Green W/ Whistling
2
Glittering Silver Wave To Blue
2
Glittering Silver Wave To Color W/ Palm Core
2
Glittering Silver Wave To Green
2
Glittering Silver Wave To Purple
2
Glittering Silver Wave To Red
2
Green Chrysanthemum W/ Purple Pistil
2
Green To Red Wave
2
Half Green & Purple Peony
2
Half Red & Blue Peony
2
Half Silver & White Peony
2
Purple Peony W/ Green Pistil
2
Purple To Silver Wave
2
Red Gamboge To Blue To White
2
Red Gamboge To Color W/ Variegated Double Pistil
2
Red Gamboge To Strobe
2
Red Peony W/ Glitter Coconut Core
2
Red Peony Lel/Brocade Pistil
2
Red To Blue Wave
2
Red To Golden Wave
2
Silver Peony W/ Glitter Coconut Core
2
Silver Spider
2
Variegated Bees
2
Variegated Chrysanthemum W/ Variegated Strobe Pistil
2
Variegated Peony W/ Variegated Pistil
2
Yellow Chrysanthemum W/ Crackling Pistil
2
Yellow Peony To Brocade Ring
2
Yellow Peony W/ Glitter Coconut Core
2
Yellow To Purple Wave
2
Exhibit "A"
Color Palette
Blue 10
Color 14
Green 10
Purple 6
Red 14
RWB 4
Silver 6
Yellow 8
iMAC�I -
1'x-1111 hk1_
www.MagiclnTheSky.com
3" Assortment F
Shell Color and Effect
Quantity
Variegated Chrysanthemum W/ Crackling Pistil
6
White Strobe
6
Half Golden Glittering & Silver Glittering Peony
6
Variegated Peony W/ Variegated Pistil
6
Green Chrysanthemum W/ Strobe Pistil
6
Blue Peony W/Golden Pistil
6
Red Peony W/Brocade Pistil
6
Blue Chrysanthemum W/ Crackling Pistil
6
Lemon Peony
6
Brocade To Strobe
6
White Strobe Waterfall W/Red Strobe Pistil
12
Exhibit "A"
www.MagicInTheSky.com
White Flitter Gold Flitter Mine
Exhibit "A"
1.4S Proximate Items
1.4S liehtnine Mines
1.4S Matrix comets
Red Mag
Gold or White Flitter Tail Red Mag
Green Mag
Gold or White Flitter Tail Green Mag
Lemon Mag
Gold or White Flitter Tail Blue
Purple Mag
Gold or White Flitter Tail Aqua Mag
Orange Mag
Gold or White Flitter Tail Magenta Mag
Blue
Gold or White Flitter Tail Lemon Mag
Aqua Mag
Gold or White Flitter Tail Purple Mag
Magenta Mag
Gold or White Flitter Orange Mag
Gold Flitter
White Flitter
Brocade
1.4S Comet and Mine Combo Shot
1.4S Tracer Lightning Flash Mines
Red Mag Gold Flitter Mine
Red
Green Mag Gold Flitter Mine
Green
Purple Mag Gold Flitter Mine
Blue
Lemon Mag White Flitter Mine
Orange
Aqua Mag Gold Flitter Mine
Lemon
Orange Mag White Flitter Mine
Magenta
Magenta Mag Gold Flitter Mine
Aqua
Blue Gold Flitter Mine
Gold Flitter
Gold Flitter White Flitter Mine
White Flitter
White Flitter Gold Flitter Mine
Exhibit "A"
MAGIC
www.MagicinTheSky.co m
Multi Shot Cakes
49 2" Shell Cake 2" 49'S Mix Shells W/Tail
81 W Shape Red Peony & White Peony & Blue Peony
90 W Shape Red/ White/ Blue Peony To Salute
96 V Shape Gold & Silver Crossette
100 Multi Shot Assorted Calor Crossette With Comet Tail
100 Multi Shot Assorted Colored Dahlias W/Assorted Colored Tails
100 Multi Shot Strobe Willow W/ Golden Tail
100 Z Shape Colorful Crossette
100 Z Shape Colorful Glittering Stars
100 Z Shape Crackling Flowers Bouquet To Red, White & Blue Tail Titanium Salute
100 Z Shape Green Strobe W/Purple Tail
100 Z Shape Red Mine W/ Blue Tails To Horse Tail Shape Brocade Crown
114 V Shape Blue Dahlia W/ Silver Glittering
114 V Shape Red Coconut Trees
140 Fan Shape 140 S Fan 3 Base Thunder Storm Sound Mine Red, Blue To Sound Pearl
150 Multi Shot Red & Blue Chrysanthemum With Silver Tail
150 Z Shape Brocade Crown
156 V Shape Color Magic Balls (Red, Lime Green, Blue, Yellow, Purple, Orange, Violet)
165 8 Shaped Red & Blue Comet To Chrysanthemum
180 W Shape 180 Shot Blue Coconut Outside Red Strobe Middle
600 Multi Shot Colorful Bees
Comet/Mine Slices
10 Point Fan Shape Blue Palm & Red Palm W/ Silver Tail
10 Point Fan Shape Silver Whirling Flower
10 Point Fan Shape Blue Tail To Blue and Silver Fish
10 Point Zipper Golden Kamuro W/Blue Tail
10 Point Zipper Shape Red, White & Blue Crossette
10 Point Zipper Silver Tail Candle
12 Point Fan Strobe Crown Mine
20 Point Z Shape Red/White/Blue/Salute
Single Shat Mines
3" Red Crossette Mine
3" Blue Crossette Mine
3" Blue Mine
3" Colors W/Tesseilate Mine
3" Crackling Chrysanthemum Mine
3" Glittering Crossette Mine
3" Glittering Silver Willow Mine
3" Red Mine
3" Silver Crossette Mine
3" Variegated Mine
3" Whistling Mine
3" White Strobe Mine
Exhibit "A"
2019 July 4th Fireworks Crew Schedule
July 4th Daily Fireworks Crew Schedule
Crew Date Time Activity
Equipment 3 -Jul 15:00 Arrive at site
16:00 Complete site walk through
Equipment 4 -Jul 7:00 Arrive at Site
11:00 Mortar Set-up Complete
22:30 Breakdown Equipment
23:30 Site Clean-up Complete
Pyrotechic 4 -Jul 10:00 Arrive at Site
10:30 Initial Product Sort
11:00 Begin Loading
15:00 Mid-day electronic Check
19:00 Final electronic Check
19:30 Final prep for show launch
21:1$. Show
22:00 Post Show Check
Exhibit "A"
-It i I IE SKY_
www.MagicInTheSky.com
Cheryl Kaufman
Purchasing Supervisor
City of Round Rock
Ms. Kaufman,
Magic in the Sky is pleased to offer the following best and final offer to the City of Round Rock for
the 2019 fireworks season.
If you have questions, please contact me directly on my cell phone 210-831-4752.
Sincerely,
�4-0
4�1
Jacob J. Dell
President
San Antonia (Horne) Office:
269266 Hardy Run
Boerne, TX 78015
Office: 210-267-5371 pp
Fax: 210-247-6182 Exhibit "A"
Show
Two
Level III
Level III
Time
20 minutes
20 minutes each
Total Bid
$ 25,000.00
$ 22,250.00 each
Product
Shots
Quantity
Quantity _
Finale Cakes
49
7
7
150 Shot Cakes
150
8
8
3" Shells
1
420
420
4" Shells
1
180
180
5" Shells
1
168
168
6" Shells
1
117
117
Total Shots
2,428
2,428
Average Shot per second
2.0
2.0
If you have questions, please contact me directly on my cell phone 210-831-4752.
Sincerely,
�4-0
4�1
Jacob J. Dell
President
San Antonia (Horne) Office:
269266 Hardy Run
Boerne, TX 78015
Office: 210-267-5371 pp
Fax: 210-247-6182 Exhibit "A"
City of Round Rock
Fireworks Display Services
IFB No, 19-004
Class/Item: 962-36
November 2018
ATTACHMENT A
PROPOSAL SUBMITTAL FORM AND EXECUTION
NOTE: RESPONDENTS SHALL COMPLETEAND RETURN THIS ATTACHMENT WITH THEIR PROPOSAL.
FAILURE TO DO SO MAY RESULT /N DISQUALIFICATION OF THE PROPOSAL.
By signature hereon, the Respondent certifies that:
All statements and information prepared and submitted in the response to this RFP are current, complete and
accurate.
He/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future
employment, gift, loan gratuity, special discount, trip, favor, or service to a City employee in connection with the
submitted response. Failure to sign the Execution of Proposal or signing it with a false statement shall void the
submitted offer or any resulting contracts.
Respondent represents and warrants that the individual signing this Execution of Proposal is authorized to sign
this document on behalf of the Respondent and to bind the Respondent under any contract resulting from this
request for proposals. I i
RESPONDENT (COMPANY�.n �G �t , r h C—
SIGNATURE (IN INK):
NAME (TYPED/PRINTED) Sam 01 !
TITLE:DATE
'
:
STREET: �' �b ' 1 �Y� 11 Rot\
CITY/STATE/ZIP: �� 5 K 'A" t S
TELEPHONE AND FAXSCMILE NO.: X10 a r l 5371 / a► to a k7 07),
E-MAIL ADDRESS: C 13t 00A') (
FEDERAL TAX IDENTIFICATION NUMBER (FIN):
C 0),,,
"a�- a5�313�
By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms
and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided
otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions
are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. In
addition to the above General Terms and Conditions listed in Section IV, the City's Definitions, Terms and
Conditions shall be enforced and part of the contract and can be obtained from the City's website at:
https:/iwww roundrocktexas.gov/departments/purchasing/
\ I '
NAAGIC_u
Ids -ri It atl-_
www.MagicInTheSky.com
References for Magic in the Sky Displays:
Ben McTyre
Six Flags Fiesta Texas
Summers Since 2005
bmctyre@sftp.com
17000 IH 10 West San Antonio, TX 78257
210-697-5482
Christina Julius
Busch Gardens Tampa
Summer Nights Since 2013
10165 N McKinley Dr, Tampa, Florida 33612
Robbi,Lepre'@buschgardens.com
561-758-6209
Bill Drain
City of San Antonio July 4th and New Year's Eve since 2014
bdrain@satx.rr.com
400 N St Mary's St #101, San Antonio, TX 78205
210-849-4242
Scott Bradley
City of Laporte
July 4t" since 2010
BradleyS@laportetx.gov
604 W. Fairmont Parkway, La Porte, Texas 77571
281-470-5141
Hema Viswanathan
City of San Antonio Diwali
First Saturday in November since 2012
hemavish@gmail.com
210-274-8450
San Antonio (Hunie) Office:
26920 Clardy Run
Ooerne, TX 76015
Office: 210.267-5371
"rax: 210 247 6182
Exhibit "A"
Houston Office:
_Z493 Country Haven Ct
fcou4ton, TX 77044
Office: 281-352-7843
Solicitation: RFP 19-004
_ f
ROUND ROCK TEXAS
puvousz" or"aA
ADDENDUM
CITY OF ROUND ROCK, TEXAS
Addendum No: 1 Date of Addendum: 11/28/18
This addendum is to incorporate the following changes to the above referenced solicitation:
Add Contact: The Authorized Contact for contractual and technical issues has been changed to the following
Authorized Contact: Cheryl Kaufman
Purchasing Supervisor
512-416-5417
ckaufman(@roundrocktexas oov
II. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME
APPROVED BY: 4November 28, 2018
Cheryl Kau f an, urcha r g Supervisor
Purchasing ffice, 512 -5417
8y the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced
solicitation.
ACKNOWLEDGED BY
�Z41Z
Name
;utho2rized Ignature
if
Da e
RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED
PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.
Exhibit "A"
Solicitation: RFP 19-004
ROUND ROCK
PURMIASM Dim
ADDENDUM
CITY OF ROUND ROCK, TEXAS
Addendum No: 2 Date of Addendum: 1216118
This addendum is to incorporate the following changes to the above referenced solicitation:
Extension: The proposal due date is hereby extended until Tuesday, December 18, 2018, at 3:00 PM CST
II. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
APPROVED BY: fY� December 6, 2018
Cheryl Kau pan, Purasing Supervisor
Purchasing Office, 5 -218-5417
By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced
solicitation
ACKNOWLEDGED BY
Name
-Authorized Signature
/// / i
Date
RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED
PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.
Exhibit "A"
r
RGUNIG ROCK TEXAS
ADDENDUM
CITY OF ROUND ROCK, TEXAS
Solicitation: RFP 19.004 Addendum No: 3 Date of Addendum: 12113/18
This addendum is to incorporate the following changes to the above referenced solicitation:
I Clarifications or Changes:
A. Insurance requirements under Part It- Definitions, Standard Terms, and Conditions, referencing the City's
"Standard Insurance Requirements," section 1.3.5 shall now read as follows:
1.3.5 Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $1,000,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $1,000,000.00 for each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits
for Bodily Injury of $1,000,000.00 each person, and $1,000,000.00 for each occurrence, and
Property Damage Minimum limits of $1,000,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum $1,000,000.00 Employers Liability
Insurance.
B. With regards to Part IV in the Scope of Work, Item 3. Service Requirements has been modified and shall now
read as follows:
Primary Location:
City of Round Rock
Old Settlers Park
3300 Palm Valley Blvd.
Round Rock, TX 78665
Secondary (provisional) Location:
City of Round Rock
PARD Yard
300 S. Burnet St.
Round Rock, TX 78664
C. Please note the sites included on page 10 of the solicitation pdf are representative of the available firing sites.
The smaller water cake sites are not a requirement as the overall presentation will be evaluated.
Questions:
01: May we use 1.3G and/or 1 AG shells in our presentation?
Al: Yes, given that this is a request for proposal we will evaluate your best presentation provided it still meets
the requirements of working within the constraints of the appropriate radii.
02: Is a DVD required with submission?
A2: Absolutely, this is going to support your point allotment under "Respondent's Solution. Approach, and
Timeline"
03: When do you expect the first show to occur?
A3: July a, 2019
Exhibit "A"
III. nsion: The proposal due date is hereby extended until Wednesday, January 9, 2019 at 3:00 PM CST.
IV. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
APPROVED BY: 12113/18
Cheryl Kaan, Pro ent Supervisor
PurchasIn Office. -218-5417
By the signature affixed below this addendum is hereby Incorporated Into and made a part of the above referenced
solicitation.
ACKNOWLEDGED BY:
Name Authoriz Signature Date
RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED
PROPOSAL. FAILURE TO DO 80 MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.
Exhibit "A"
1. In Part LII, Item 2.3 the solicitation states the following:
"The Respondent shall include in the proposal a list all litigation the company or its principals have been
involved in within the .last three (3) years."
I did not see evidence of your proposal addressing this. Can you please provide me with the required list.
Jacob J Dell is plaintiff in trademark complaint against Sky Magic Pyrotechnics of Indiana.
2. Under Part V, Item F. the City requested that you provide resumes for all key persons. We did not see
the resumes in your proposal as requested.
Please send me the resumes for all key personnel.
Please see attached.
3. Please confirm that you have no exceptions to the City's terms and conditions.
I confirm we have no exceptions to the City's terms and conditions other than we do not plan to shoot nauticals
from the remote sites as proposed.
Please return these items to me by COB on Monday, January 14, 2019. Thank you so much for your help!
Kindest Regards,
Cheryl Kaufman
.Purchasing Supervisor
City of Round Rock
ckaufmaTi ►•ou►Zdrocktexas,gov
512-218-541.7
X
Exhibit "A"
I IF SK4
Name Title
Jacob J Dell President
PR-ODUCI-ION SCHEDULE AND STAFF
QUALIFICATIONS
Years of Shows
Texas Licenses States Operated In Experience Shot
FL, IN, LA, MI, ND, NE, N1,
FPO, SEO, FEO NM, OK, SD, TX, VA, WI, WY 19 t.4nn
TerryStoll Manager of Operations
FPO, SEO _—
IN, OH, MI, MO, FL, TX
21
800
Ronald Derrick Lead Pyrotech
FPO, SEO, FEO
TX
24
-
350
Josh Villanueva Lead Pyrotech
FPO, SEO, FEO
FL, TX, VA
11
600
Ryan Gardner Lead Pyrotech
FPO, SEO
FL, TX
10
---
150
Donald Dell Director of Marketing
FPO
ND, NE,SD, TX
16
100
Roy Frias Lead Pyrotech
FPO
FL, TX
9
100
Javier Salazar Assistant Pyrotech
FL, TX
8
450
Justin Guerrero Assistant Pyrotech
TX
4
45
Robert WatsonAssistant Pyrotech
—..-_ __... - -
TX
4
45
William Arnold Assistant Pyrotech
--
_- _.
TX
.._.....�.
3
20
Magic in the Sky engages in five days of pyrotechnic training annually to ensure our team members are updated on changes to the NFPA and IFC as
well as best practices on FireOne UltraFire and NFA safety protocols, All Fireworks are AFSL certified.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos. i - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2019-458272
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business,
Magic in the Sky, LLC
Boerne, TX United States
Date Filed:
02/28/2019
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Round Rock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
000000
Fireworks Display
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is Jacob J Dell and my date of birth is 09/07/1979
My address is 26926 Hardy Run Boerne TX 78015 USA
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in Bexar County,State of Texas 28 February , on the day of , 20 19
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
NIUVIuVU Uy I cnab ELI IIGb �.unumbbiun www.einlcs.siaie.tx.us Version V1.1.28ab6150
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2019-458272
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Magic in the Sky, LLC
Boerne, TX United States
Date Filed:
02/28/2019
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Round Rock
Date Acknowledged:
03/05/2019
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
000000
Fireworks Display
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
—.,, t"SII — uy Ian Iunk.a %�vinnna.)wii www.etrucS.state.ix.us Version V1.1.28ab6150