HomeMy WebLinkAbout08 C37131 The Christmas King Amendment and CO 1 775-19CONTRACT NO. C37131
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 22, 2021
PREPARED BY: Heather Horning, Senior Management Analyst
REQUEST: Approve Amendment No. 1 (Contract No. C37131) to Contract No.
C37130 with The Christmas Kings of Lake Elsinore, California for
Services for the City of Palm Desert Seasonal Lighting and Décor
Program (Project No. 775-19) in the Amount of $86,640 Annually for
Two Years, and Approve Change Order No.1 to Contract No.
C37130 Authorizing a One-time Expenditure of $23,360 for the
Purchase of New Lighting
___________________________________________________________________________
Recommendation
By Minute Motion:
1. Approve Contract No. C37131, Amendment No. 1 to Contract No. C37130
with The Christmas Kings of Lake Elsinore, California for services for the
City of Palm Desert Seasonal Lighting and Décor Program (Project No.
775-19) in the amount of $86,640 annually for two years;
2. Approve Change Order No. 1 to Contract No. C37130 authorizing a one-
time expenditure of $23,360 for the purchase of new lighting;
3. Authorize the City Manager to approve change orders associated with
this amendment based on staff’s recommendation; and
4. Authorize the City Manager to execute the subject amendment and any
documents necessary to effectuate the actions taken herewith.
Funds are available in Account No. 1104310-4391001, Street Maintenance - Holiday
Decorations.
Strategic Plan
This program supports the Palm Desert Strategic Plan, Economic Development Priority
3: Create and attract entertainment and events to enhance and expand the Palm Desert
economy and lifestyle. The Seasonal Lighting and Décor Program enhances the
ambiance of the El Paseo Business District attracting locals and tourist to shop and dine
in the area.
April 22, 2021 - Staff Report
Approve a Change Order and First Amendment to Contract No. C37130 with The
Christmas Kings for the Seasonal Lighting Program
Page 2 of 3
Background Analysis
Since 2013, the City has included the lighting of palm trees and deciduous trees in the
medians along the El Paseo Business Corridor in its Seasonal Lighting and Décor
Program. The lighting was very positively received by businesses, residents, and visitors
over the years, and the City Council directed staff to extend the duration of the tree lights
to be the entire “season”, from October to May rather than just around the holidays.
In 2018, staff issued a Request for Proposals (RFP) for the Seasonal Lighting and Decor
Program. A committee of staff and councilmembers reviewed the proposals and
recommended selecting The Christmas King’s proposal, which included lighting of the
median trees on El Paseo for the “season”, and lighting at City Hall around the holidays
in November and December. The City Council approved Contract No. C37130 with The
Christmas Kings for a three year agreement, with the option for two (2) one-year
extensions at the City’s option and based on the Contractor’s performance.
Staff has been satisfied with the performance of The Christmas Kings under this contract,
and recommends executing the attached Amendment to extend the contract for both one-
year extensions, for a total term extension of two (2) years, in an amount of $86,640
annually.
The existing inventory of lighting is in need of a refresh due to lighting that is currently in
poor condition due to normal wear and tear. The Christmas Kings has reviewed the
current inventory of lighting and recommends the replacement of the following:
City Hall
Lighting Cost
150 light strands $1,500
300 C9 lights $500
Total $2,000
El Paseo
Lighting Cost
1,500 light strands $15,000
200 drip tubes $3,000
75 flood light bases $1,500
15 flood lights $1,560
30 power supplies $300
Total $21,360
Staff recommends approving a one-time expenditure of $23,360 for the replacement
lighting outlined above.
April 22 , 2021 -Staff Report
Approve a Change Order and First Amendment to Cont ract No . C37130 w ith The
Christmas Kings for the Seasonal Lighting Program
Page 3 of 3
Fiscal Analysis
The original contract (Contract No . C37130) was awarded for an annual amount of
$86 ,640 , and included a 10% contingency of $8 ,664 for unforeseen expenses . Change
Order No . 1 is for a one -time expenditure of $23 ,360 for the purchase and replacement
of the lighting listed above , and it will take p lace in the current Fisca l Year (FY) of 2020 -
21 . A lthough this expenditure was not included in the current budget , staff will use the
contingency amount of $8 ,664 and will offset the additional cost of $14 ,696 with savings
from other street maintenance accounts ; therefore , no appropriation is requested at this
time .
The contract amendment has an annual cost of $86 ,640 for two years to install , maintain ,
store and remove the lighting . This amount will be included in the Public Works
Department annual budget for FY 2021 -22 and 2022 -23 ; therefore , there is no fiscal
impact beyond the amendment contract amount.
LEGAL REVIEW DEPT . REVIEW FINANCIAL
REVIEW
N/A .'A.nay .J'irestine Jo,,<v Lu,4,E~~
Robert W . Harg reaves Andy Firestine For Janet M. Moore
City Attorney Assistant City Manager Directo r of Finance
City Manager, L. Todd Hileman :
L . Toc{c{ f-tLL eV\A,Cl V\,
VENDOR: The Christmas Kings , Inc .
35100 Grape Street , Suite 3233
Lake Elsinore , California 92530
ATTACHMENTS : First Amendment to the Agreement
Agreement
Change Order No . 1 to the Agreement
CITY COUNCILM:TION
ASSISTANT
CITY MANAGER
.'A.nay .J'irestine
Andy Firestine
Assist ant City Mana ge r
APPROVED __ V ____ DENIED ------RECEIVED ______ OTHER _____ _
~:s~ff&~evim1£Mi11uinwnille tf ~1:1
NOES: NPne.
ABSENT: -""'i:iui01'i:o~e~----------ABSTAIN: ~OnfL_ :
VERIFIED BY: m / br$
Original on File with City Clerk's Office
[This page has intentionally been left blank.]
CONTRACT NO. C37131
AMENDMENT NO. 1 TO THE CONTRACTUAL SERVICES AGREEMENT FOR THE SEASONAL
LIGHTING AND DÉCOR PROGRAM – PROJECT # 775-19
BETWEEN THE CITY OF PALM DESERT AND THE CHRISTMAS KINGS
Contract No. C37131
1. Parties and Date.
This Amendment No. 1 to the Contractual Services Agreement for the Seasonal Lighting and
Décor Program – Project # 775-19 is made and entered into as of this [***INSERT DAY***] day of
[***INSERT MONTH***], 2021 by and between the City of Palm Desert (“City”) and The Christmas
Kings, a Corporation with its principal place of business at 31500 Grape Street, Suite 3233, Lake
Elsinore, California, 92532. City and Contractor are sometimes individually referred to as “Party” and
collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Contractor have entered into an agreement entitled
“Contractual Services Agreement for the Seasonal Lighting and Décor Program – Project # 775-19”
dated June 14, 2018 (“Agreement” or “Contract”) for the purpose of retaining the services of
Contractor to provide design, installation, maintenance, storage, and removal of the City of Palm
Desert’s Seasonal Lighting and Décor Program.
2.2 Amendment. The City and Contractor desire to amend the Agreement to extend the
term for an additional two (2) years.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1.2
of the Agreement.
3. Terms.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended to add the following
sentence to the end of the existing section:
The term of this Agreement is extended, and shall include the
time period from July 1, 2021, though June 30, 2023 unless earlier
terminated as provided herein.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to
read as follows:
Contractor shall receive compensation, including authorized reimbursements
for all Services rendered under this Agreement in an amount of eighty-six thousand
six hundred and forty dollars ($86,640) annually.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other
provisions of the Agreement remain in full force and effect and shall govern the actions of the parties
under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term
“Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by
this Amendment No. 1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
CONTRACT NO. C37131
Page 2 of 5
Revised 11-2-20
BBK 72500.00001\32445060.1
they have undertaken pursuant to this Amendment No. 1.
3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
3.6 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of
which is deemed to be an original, but when taken together shall constitute but one and the same
instrument.
[SIGNATURES ON FOLLOWING PAGE]
CONTRACT NO. C37131
Page 3 of 5
Revised 11-2-20
BBK 72500.00001\32445060.1
AMENDMENT NO. 1 TO THE CONTRACTUAL SERVICES AGREEMENT FOR THE SEASONAL
LIGHTING AND DÉCOR PROGRAM – PROJECT # 775-19
BETWEEN THE CITY OF PALM DESERT AND THE CHRISTMAS KINGS
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 .to THE
CONTRACTUAL SERVICES AGREEMENT FOR THE SEASONAL LIGHTING AND DÉCOR
PROGRAM of the day and year first above written.
CITY OF PALM DESERT
Approved By:
L. Todd Hileman
City Manager
Attested By:
City Clerk
Approved As To Form:
By:
Best Best & Krieger LLP
City Attorney
Reviewed By:
____________________________________
Andy Firestine
Assistant City Manager
THE CHRISTMAS KINGS, INC.
Signature
Name
Title
Signature
Name
Title
CONTRACT NO. C37131
Page 4 of 5
Revised 11-2-20
BBK 72500.00001\32445060.1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CONTRACT NO. C37131
Page 5 of 5
Revised 11-2-20
BBK 72500.00001\32445060.1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
[This page has intentionally been left blank.]
CONTRACT NO. C37130
CONTRACTUAL SERVICES FOR THE SEASONAL LIGHTING AND DECOR
PROGRAM — PROJECT # 775-19
CITY OF PALM DESERT
CONTRACTUAL SERVICES AGREEMENT
1. Palrties and Date.
This Agreement is made and entered into this 14th day of June, 2018, by and
between the City of Palm Desert, a municipal corporation, organized under the laws
of the State of California, with its principal place of business at 73-510 Fred Waring
Drive, Palm Desert, California, 92260 ("City") and The Christmas Kings, a
California Corporation, with its principal place of business at 18650 Collier
Avenue, Unit J, Lake Elsinore, California 92530 ("Contractor"). City and
Contractor are sometimes individually referred to herein as "Party" and collectively
as "Parties."
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision,
design, installation, maintenance, storage, and removal of the City of Palm Desert's
Seasonal Decor Program.
2.2 Project.
City desires to engage Contractor to render such contractual design,
installation, maintenance, storage, and removal services for the Seasonal
Lighting and Decor Program - Project 775-19, ("Project") as set forth in this
Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees
to furnish to the City all labor, materials, tools, equipment, services, and incidental
and customary work necessary to fully and adequately supply the contractual
design, installation, maintenance, storage, and removal services necessary for
the Seasonal Lighting and Decor Program - Project 775-19 ("Services"). The
Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and
regulations.
CONTRACT NO. C37130
3.1.2 Term. The term of this Agreement shall be from July 1, 2018, to June
30, 2021, unless earlier terminated as provided herein. This contract allows for an option of
two (2), one-year contract extensions at the City's option and based on Contractor's
performance and mutual agreement. Contractor shall complete the Services within the term
of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Pavment of Subordinates. The
Services shall be perFormed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor basis
and not as an employee. Contractor retains the right to perform similar or different services
for others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Contractor shall also not be employees of City
and shall at all times be under Contractor's exclusive direction and control. Neither City, nor
any of its officials, officers, directors, employees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as set
forth in this Agreement. Contractor shall pay all wages, sataries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and
as required by law. Contractor shall be responsible for all reports and obligations respecting
such additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "A" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate Contractor's
conformance with the Schedule, City shall respond to Contractor's submittals in a timely
manner. Upon request of City, Contractor shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Reauirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Contractor has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Contractor may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse
to perform the Services in a manner acceptable to the City, or who are determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Project or a threat to the safety of persons or property, shall be promptly removed from the
Project by the Contractor at the request of the City. The key personnel for pertormance of
this Agreement are as follows: Matthew Kronquist, President.
3.2.5 Citv's Representative. The City hereby designates Lauri Aylaian, City
Manager, or his/her designee, to act as its representative in all matters pertaining to the
2
CONTRACT NO. C37130
administration and performance of this Agreement ("City's Representative"). Contractor shall
not accept direction or orders from any person other than the City Manager, City's
Representative or his/her designee. City's Representative shall have the power to act on
behalf of the City for review and approval of all products submitted by Contractor, but not
the authority to enlarge the Scope of Work or change the total compensation due to
Contractor under this Agreement. The City Manager shall be authorized to act on City's
behalf and to execute all necessary documents which increase the Scope of Work or change
the Contractor's total compensation, subject to the provisions contained in Section 3.3 of
this Agreement.
3.2.6 Contractor's Representative. Contractor hereby designates Matthew
Kronquist, President or his/her designee, to act as its representative for the performance
of this Agreement ("Contractor's Representative"). Contractor's Representative shall have
full authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all times.
3.2.8 Standard of Care; Performance of Emqlovees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline
in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Contractor warrants that all
employees and subconsultants shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, and that such licenses and approvals shall
be maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Contractor's failure to comply with the standard of care provided
for herein. Any employee of the Contractor or its sub-contractors who is determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Project, a threat to the safety of persons or property, or any employee who fails or refuses
to perform the Services in a manner acceptable to the City, shall be promptly removed from
the Project by the Contractor and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Laws and Requlations. Contractor shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If Contractor perForms
any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be
solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and
hold City, its officials, directors, officers, employees, agents, and volunteers free and
3
CONTRACT NO. C37130
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.2.10 Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form that is satisfactory to City.
General Liability Insurance. Contractor shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for
bodily injury, personal injury, and property damage. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO "insured
contract" language will not be accepted.
Automobile Liability Insurance. Contractor shall maintain automobile insurance at least
as broad as Insurance Services Office form CA 00 01 covering bodily injury and property
damage for all activities of the Contractor arising out of or in connection with Work to be
performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
Umbrella or Excess Liability Insurance.
Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance
requirements. In such circumstances, Contractor may obtain and maintain an umbrella or
excess liability insurance policy with limits that will provide bodily injury, personal injury and
property damage liability coverage at least as broad as the primary coverages set forth
above, including commercial general liability and employer's liability. Such policy or policies
shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that
would otherwise have applied proves to be uncollectible in whole or in part for any
reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
� Insureds under primary policies shall also be insureds under the umbrella or excess
policies.
Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents,
employees and volunteers.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of
the insurance coverage required herein, along with a waiver of subrogation endorsement for
n
CONTRACT NO. C37130
workers' compensation. Insurance certificates and endorsements must be approved by
City's Risk Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this contract. City
reserves the right to require complete, certified copies of all required insurance policies, at
any time.
Duration of Coverage. Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with the performance of the Work hereunder by Contractor, his/her
agents, representatives, employees or subconsultants.
Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any
insurance or self-insurance procured or maintained by City shall not be required to contribute
with it. The limits of insurance required herein may be satisfied by a combination of primary
and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City's own insurance or self-insurance
shall be called upon to protect it as a named insured.
City's Rights of Enforcement. In the event any policy of insurance required under this
Agreement does not comply with these specifications, or is canceled and not replaced, City
has the right, but not the duty, to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor, or City will withhold amounts
sufficient to pay premium from Contractor payments. In the alternative, City may cancel this
Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance or is
on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved
by the City's Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against the City of Palm Desert, its
elected or appointed officers, agents, officials, employees and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Contractor hereby waives
its own right of recovery against the City of Palm Desert, its elected or appointed officers,
agents, officials, employees and volunteers and shall require similar written express waivers
and insurance clauses from each of its subcontractors.
Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of non-
compliance with any requirement imposes no additional obligations on the City nor does it
waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
5
CONTRACT NO. C37130
reference to a given coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive, or to the exclusion
of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the
minimums shown above, the City requires and sha11 be entit{ed to coverage for the higher
limits maintained by the Contractor. Any available insurance proceeds ir► excess of the
specified minimum limits of insurance and coverage shal! be available to the City.
Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and
insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment
for which a ten (10) day notice is required) or nonrenewal of coverage for each required
coverage.
Additional Insured Status. General liability and automobile liability policies shall provide or
be endorsed to provide that the City of Palm Desert and its officers, officials, employees,
agents, and volunteers shall be additionat insureds under such policies. This provision shall
also apply to any excess/umbrella liability policies.
Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein
will be in compliance with these requirements if they include any limiting endorsement of any
kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional
insureds ensuring that Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the insurer's limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-
contractors, and any other party involved with the project who is brought onto or involved in
the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such
coverage and assumes a11 responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Contractor agrees that upon request, all
agreements with consultants, subcontractors, and others engaged in the project wi11 be
submitted to City for review.
City's Right to Revise Specifications. The City reserves the right at any time during the
term of the contract to change the amounts and types of insurance required by giving the
Contractor ninety (90) days advance written notice of such change. If such change results
in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor's compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and approved by
City. City reserves the right to require that self-insured retentions be eliminated, lowered, or
replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made
or suits instituted that arise out of or result from Contractor's performance under this
Agreement, and that involve or may involve coverage under any of the required liability
policies.
0
CONTRACT NO. C37130
Additional Insurance. Contractor shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be necessary for
its proper protection and prosecution of the Work.
Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to
any person or property. In carrying out its Services, the Contractor shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of
the work and the conditions under which the work is to be performed. Safety precautions,
where applicable, shall include, but shall not be limited to: (A) adequate life protection and
lifesaving equipment and procedures; (B) instructions in accident prevention for all
employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges, gang planks, confined space procedures, trenching and shoring, equipment and
other safety devices, equipment and wearing apparel as are necessary or lawfully required
to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for alt Services rendered under this Agreement at the rates set
forth in Exhibit "B" attached hereto and incorporated herein by reference. The total
compensation shall not exceed three hundred and six thousand and six hundred dollars
($306,600) without authorization of the City Council or City Manager, as applicable, per the
Palm Desert Municipal Code. Extra Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Pavment of Compensation. Contractor shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Contractor. The
invoice shall describe the amount of Services provided since the initial commencement date,
or since the start of the subsequent billing periods, as appropriate, through the date of the
invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all
non-disputed and approved charges thereon. If the City disputes any of Contractor's fees,
the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice
of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City, or included in Exhibit "B" of this
Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that
Contractor perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without authorization from
the City Council or City Manager, as applicable, per the Palm Desert Municipal Code.
7
CONTRACT NO. C37130
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section
3.1.2, the rate set forth in Exhibit "B" may be adjusted each year at the time of renewal as
set forth in Exhibit "B."
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Aareement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without cause
by giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Contractor shall be compensated only for those services which have been
adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Contractor in connection with the
perFormance of Services under this Agreement. Contractor shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Contractor: The Christmas Kings
18650 Collier Avenue, Unit J
Lake Elsinore, CA 92530
ATTN: Matthew Kronquist, President
�
CONTRACT NO. C37130
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Lauri Aylaian, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentialitv.
3.5.3.1 Documents & Data; Licensinq of Intellectual Propertv.
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings and data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Contractor under this Agreement
("Documents & Data"). Contractor shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes
no such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Contractor or provided to Contractor by the City. City
shall not be limited in any way in its use of the Documents & Data at any time, provided that
any such use not within the purposes intended by this Agreement shall�be at City's sole risk.
3.5.3.2 Confidentialitv. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other pocuments & Data either created by or provided to Contractor
in connection with the performance of this Agreement shall be held confidential by
Contractor Such materials shall not, without the prior written consent of City, be used by
Contractor for any purposes other than the perFormance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Contractor which is otherwise known to
Contractor or is generally known, or has become known, to the related industry shall be
deemed confidential. Contractor shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.5.5 Attornev's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
�]
CONTRACT NO. C37130
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 Scope of Indemnitv. To the fullest extent permitted
by law, Contractor shall defend, indemnify and hold the City, its directors, officials, officers,
employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out �of,
pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Contractor, its officials, officers, employees, subcontractors, consultants or agents in
connection with the perFormance of the Contractor's Services, the Project or this Agreement,
including without limitation the payment of all consequential damages, expert witness fees
and attorney's fees and other related costs and expenses. Notwithstanding the foregoing,
to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that
arise out of, pertain to, or relate to the negtigence, recklessness, or willful misconduct of the
Contractor.
3.5.6.2 Additional Indemnitv Obliqations. To the fullest extent
permitted by law, Contractor shall defend, with counsel of City's choosing and at Contractor's
own cost, expense and risk, any and all claims, suits, actions or other proceedings of every
kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors,
officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, volunteers and agents as part of any such claim, suit, action or other
proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City
or its directors, officials, officers, employees, agents or volunteers as part of any such claim,
suit, action or other proceeding. Such reimbursement shall include payment for City's
attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and
its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to.
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
agents, or volunteers.
3.5.7 Entire Aqreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governinq Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.10 Citv's Riqht to Emplov Other Contractor. City reserves right to employ
other contractors in connection with this Project.
10
CONTRACT NO. C37130
3.5.11 Successors and Assians. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assiqnment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Contractor include all personnel, employees,
agents, and subconsultants of Contractor, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.171nvaliditv; Severabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunitv Emplovment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited
11
CONTRACT NO. C37130
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that
it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation, or to undertake self-
insurance in accordance with the provisions of that Code and agrees to comply with such
provisions before commencing the perfo�mance of the Services.
3.5.21 Authoritv to Enter Aqreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an origina{.
3.6 Subcontracting.
3.6.1 Prior Approval Reauired. Contractor shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
CITY OF PALM DESERT
By: �
Lauri Aylaian, City Manager
ATTEST:
By:
chelle D. Klassen, � y Clerk
City of Palm Desert, California
APPROVED AS TO CONTENT:
,. �
�� ; �
B�,�A,vl.�,
., Tirnothy R. Jc
� dependent
APF?ROVED A
.�' �
irector of Public Works
: �i
�■� �::- . -.�-
12
THE CHRISTMAS KINGS
/_ .i
ay: o'� �?,--'� � . ,./
,.,
'`�Matthew Kronquist, President
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary OR Treasurer
REQUIRED]
:
�
�,
�-�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
:�c`.c;{`.c;C',C',�",('; <`.c°,�"<c:�".c�^.c�; CX'; C'/:,k.c�, ".c�.'>eC'.c: C'.c;C`.cCv:.��C'r,C;�C>C`,C'�c:!'.��C>e; l'lC.`C%S:`Gc.`Gc; C.c�',C`C".t'�.':�,';� ;. ;Y ":,^S'"c'� `>�`..�ti`z'�;`i�;z� �;'��;'k�: �s : x�� .c.X`i,f`n
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California • )
County of�1���-�—�C�� )
On��%"`i M���3 1 0 before me, ��l//'l, l�� 'V�� f-WJ�\�
Date Here Insert Name and Tit/e f the Officer
personally appeared I' �t'� F'�-� 6�CJlJtc�1 C,�L(WI / f[�-�JGf ��,(,t,L,rv' �
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the perso ` whose nam re
subscri to the within instrument and acknowledge me that �e executed the same in
' the' authorized capacit ies and that ' hei signatur s) n the instrument the persor�
or the entity upon behalf of whic he perso (s cted, executed the ins rument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and corCect.
� �,�°"`°'�,� KELLIE CURRY ,�
"" CoMM. � 111301?
� 4� Q �or�eit�R'� •c�uFo�wu N
M
Mr Corr. Ea. 3a 1, ioif �
WITNESS nd d o'cial seal.
Signa
`�Signatu/��of Notary Public
��
Place Notary Seal Above
OPT/ONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachmenf of this form to an unintended document.
Description of Attached Do�u_men � ��� ,j�-,`�,�,o , �� � /' L(k
Title or Type of Document: ��t ��dcument Date: � b
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
C� Corporate Officer — Title(s):
�' Partner — ❑ Limited -' General
�'� Individual � Attorney in Fact
'�' Trustee � Guardian or Conservator
-i Other:
Signer Is Representing:
Signer's Name:
'-' Corporate Officer — Title(s):
� Partner — �' Limited ��' General
C Individual �_'� Attorney in Fact
�: Trustee _ Guardian or Conservator
� Other:
Signer Is Representing:
%C,,�'tie=��.%<>�=�;`e;�><=�.�c%Cx%C.�%C;'eC.`z%C.`e%C,`z.%C,`z%C,�%C>�C.�`tX>e%C>�>r%C.'�c%c,`�Cx=�.`�C,`r�C.`c=%c,`e%C. ✓.`:y...:y��; ✓:.:r >�r >.:� >:r;::x±_r:� x:.r:;.. �.��.��c:��.<;�r
002014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
CONTRACT NO. C37130
Exhibit "A"
Scope of Service /Schedule of Services
�i�cs'
b. TECHNiCAL APPROACH / WORK PLAN
Technicai Approach and Work Pian SEASONAL TREE LIGHTING
If approved by the city The Christmas Kings wiii work eariy morning hours from 1 am - 9am daily to
avoid business haurs and traffic.
Plan: TCK will use 2 teams of 4 to instail ail tree lighting down EI Paseo. Each team wiH consist of a
team Supervisor and 3 skilled installers. We will use both ladders and tow behind lift equipment to
install lights to proper heights. TCK is prepared to enact a one lane road clasure if necessary for a
max duration of 5 days during the first week of October. The road closure will be during the lowest
traffic times if possible (1:OOam to 9:OOam - Monday through Friday)
Ei Paseo seasona! tree lighting:
Install start date: September 24th
Install compfetion: October 5th or sooner.
Tree Lighting: October 7th
Removal: May 16th - May 24th or sooner.
Key Leads: Owner of TCK Mathew Kronquist will monitor and approve the completion of the project.
(Jperations Manager Jaret Moore will be involved with daily tasking and daily completion updates.
Anthony White has 8 years' experience in a supervisory role with our company. He is a key lead and
has run crews up to 12 installers. Anthony has overseen municipal installs up to 185 tress, 37'
artificial tree installs, etc. Anthony is a certified rigger and wil! ensure that product is safe and secure.
Gus Sanchez has 9 years' experience with TCK and has been supervising projects in upwards of
$50,OOd ta $300,000 for the last 3 years. Both Gus and Anthony are familiar with OSHA rules and
regulations as well as proper install technique to deliver a professional display and to limit service
needs.
Schedule: Install Start date of September 24th, TCK wil! begin on the East side of EI Paseo.
We will have 2 instaliers strictly running and securing power, 2 installers dedicated to palm trees,
�iMcsa
2 instaliers dedicated to deciduaus trees, and 2 instaliers dedicated to icicles in the deciduous trees.
TCK likes to keep the crews tasked to specific jobs to ensure uniformity throughout the display. Once
the lower work is completed as high as possible firom ladders, the pawer crew wifl come behind the
graund crew and utilize boom lifts to reach the tailer portions of the trees. Work shouid be comple#ed in
7-14 days' weather permitting. Leads wi(1 update a work lag each night that will be shared with man-
agement to ensure work fiow is on schedule. Workfiow reports wili consist of a repart and
pl�otos of evsry tree campieted and testetf. TCK wi{I create an aerial rendering of ail the trees located
on EI Paseo. Trees wiil be numbered both on the rendering and with stakes on the graund at the base
of each tree. This numbering system wili be shared with the city. in the event of an outage or issue,
the city ar TCK can reference the tree number to ensure a quick and accurate repair. Once the instafl
is completed and the lighting has been commenced TCK owner Mathew Kronquist will complete a
walk through with the city to ensure the display is completed to satisfaction.
Technicaf Approach and Work PianJSchedufe Hotiday Lighting and Decor
Holiday Lighting and Decar:
4nstalR s#art date: November 5th
Install completion: November 9th or sooner.
Holiday Decor Ught Commencement: November 14th
Removal: January 2nd - January 4th or sooner.
1"CK wi11 utilize the same team that completed the tree lighting for #he hofiday decor. The crew wi11
be familiar with power locations and tivill have accountability for previously instafled items and new
items. As we completed the trees during r�on business hours, TCK wi1! follow suit for applicable
holiday lighting locations. Dependent on the Good, Better, Best display chosen TCK will either need
to ramp up rnan power for completiorr of the project during the allotted time frame or we will need
to adjust the instaii start date back for some of the non daytime decor items, such as flood lights, in
order to complete the scape of work for {ighting on November 14th. Once items are installed we will
compSete a �vafk through with the city to ensure proper piacement and functianaiity.
TCK decor product will be secured down to heavy weights and or stakes driven into the grvund.
m
_ ,. .. K�����
Service & Quality Control - EXTREMELY IMPORTANT
The Christmas light industry is notorious historicaliy for lights going aut, GFI outlets popping and
issues related to workability of the lighting display. TCK has been keeping up with the huge tech-
nology advances in the Christmas light manufacturing process. TCK has moved to strictiy using a
comp�etefy waterprflof, watertight connection for every light to light connect. This means there is
oniy one possible water intrusion point for each tree instead of dozens. Furthermore, TCK uses LED
{ight strands that are cansidered #u11 wave L.ED that do not require individual rectifiers for each strand
to drive the lights. These drivers fail often resulting in half of the light strand to burn out. Our tech-
nology aliaws us to use a single transformer at the base of the #ree to drive up to 50 light sets. This
aflows for an extremely refiable display. Our motto is EVERY L.IGHT, EVERY NIGHT. In case of the
rare accurrence of an outage, TCK has a maximum or 24hr response time to service the issue and
get the display 100°fo operational. iCK are often working in ihe area so we preventively maintain the
lights before an issue arises, checking things iike tampering or vandalism, lawn care interFerence,
failed product, etc. TCK supplies a hassle free hofiday season for its c}ients.
The Christmas Kings prides itself on uniformity and professiona4 looking disp4ays. TCK ful{y un-
derstands all requirements in the IV section B. and will over deliver to these terms. TCK will be
furnishing 100% new product, decor, and power equipment for this project to ensure light color
temperature is accurate and consistent, as well as ensuring all product is to par with TCK standards
eliminating frustrating service calls,
�
EI Paseo Medians alona Business Corridor Tree Liqhtinq Install Details
13 Large Deciduous Trees
• Branch wrapped with 6" spacing using warm white 5mm conical coaxial
LED sets. Lights will be wrapped with uniform spacing to the similar
height in which the lights are currently installed, approx. 20'
• Tube snow fall lights (icicle lights) will be used throughout the canopy of the
deciduous trees on all sides, scattered with varying heights, similar to
currently installed tube lights.
8 Medium Deciduous Trees
• Branch wrapped with 6" spacing using warm white 5mm conical coaxial
LED sets. Lights will be wrapped with uniform spacing to the similar
height in which the lights are currently installed, approx. 12-15'
• Tube snow fall lights (icicle lights) will be used throughout the canopy of the
deciduous trees on all sides, scattered with varying heights, similar to
currently installed tube lights.
26 Thick Trunk Palm Trees
� Trunk wrapped with 6" spacing using warm white 5mm conical coaxial
LED sets. Lights wi11 be wrapped with uniform spacing to the base of
the rough frond section, approx. 15' high.
• Flood Lights added to the tops
23 Skinny Trunk Palm Trees
• Trunk wrapped with 6" spacing using warm white 5mm conical coaxial LED
sets. Lights will be wrapped with uniform spacing to a height of approx. 20'
high.
• Flood lights added to the tops
Citv Haff Liahtinq Install Details
Council Chamber Roofline
• In front of the Council Chambers will have roofline done as shown, 5 palm trees,
just trunks with flood lighting added to the top.
• City Hall Council Chamber courtyard will have roofline done with 4 trees along the
perimeter of the courtyard
• Council Chambers entrance done with c9 lighting
City Hall Tree Lighting Install Details
• 5 Thick Trunk Palm Trees (street corner in front of city hatl) Trunk
15
wrapped with 6" spacing using warm white 5mm conical coaxial LED sets.
Lights will be wrapped with uniform spacing to the base of the rough frond
section, approx. 15' high. Flood Lights added to the tops
� 6 Medium deciduous trees (trees flanking the walkway in the courtyard)
Trunk wrapped with approx. 6" spacing using warm white 5mm conical
coaxial LED sets. Lights will be wrapped with uniform spacing approx. 8'-1 O'
high to the beginning of the foliage.
16
CONTRACT NO. C37130
Exhibit "B"
Compensation
17
SEASONAL LIGHTING AND DECOR
PROJECT NO. 775-19
PROPOSAL COST FORM
A. COST PROPOSAL
TO
CITY OF PALM DESERT, "CITY"
DATE: 5/17/18
PROPOSER: The Christmas Kinqs
"CONTRACTOR"
The undersigned declares that he/she has carefully examined the Terms and Conditions,
the General Terms and Conditions, the Specific Terms and Conditions, and the
Attachments accompanying the Notice Inviting Proposal; and Addendums
No.(s) 1 that he/she is thoroughly familiar with the contents thereof, and is
authorized to represent the respective firm and propose services to City of Palm Desert.
It is understood that the price shown hereon includes all routine and seasonal
maintenance described in the Scope of Work.
The costs of any work shown or required in the Scope of Work, but not specifically
identified as a contract pay item are included in the amounts shown below for yearly
pricing. Any items of lighting and/or decor materials, (one-time or reoccurring cost) shall
be shown separately. No additional compensation shall be due Proposer by virtue of
Proposer's compliance with the Scope of Work.
For each item, the averaged one-year installation and maintenance cost shall be indicated
and the total of these costs shall be extended for the term of the contract. This contract
is for a three-year period from July 1, 2018, through June 30, 2021, with two, one-year
extension options at the City's discretion and based on Contractor's performance.
Proposer must provide costs for all items below.
ITEM ' bESCRIPTION
1 I EI Paseo Seasonal Lighting
City Hall Lighting and/or Decor
PRICE , :- PRICE .
(12,MONTHS) _ ;Lighting
� � � � � " 'and/or _D�cor
,�-_e;,,
� - Maferial �
$73,640.00 $40,680.00
`E:3
2 EI Paseo Decor n/a n/a
�
•�
���� �- ��GS�
�j �, ��., �� s o�a
#775-19
Seasonal Lighting and Decor Program
PALM DESERT � CALIFORNIA
0
� ' ����, �;:4.��INGSs.
March 23, 2018
Dear Heather Horning,
I Mathew Kronquist am proposing our bid and wil! have t�e autt�orizatlon to the contractual ierms
and conditions.
a. ldzniification:
The Christmas Kings
Corporate Address: 1865q Colii�r Ave. Unit J, Lake Elsinore Ca 92530
951-402-2000
Fax: 951-905-1401
support�thechristmaskings.com
Cantact Person:
Math�w Kronquist, President
18650 Collier ave, Unit ,!, Lak� E6sin��e CA 92530
951-454-9777
NlatkronquistQgmail.corr�
b. Subcontraciors: Na subcontractors wiii be used.
c. Acknowledgment: W� ackno�r;ie�ig� a19 RFP addend�..
d. Effective Terms: Our propo�al sha!) re�nai� eff�ctive a�d va�id for not less than sixty (60) days
from the date submitted.
e. Binding Signature:
,---R-�"'�
� -- _
- f �,
./ '` .
Mathew Kro�quist Date: 3/21i18
By signing the letter of transmiital, I, Ma�h��ra Kronquist attest tt�at ali information submitted v�ith th�
praposal is true a;�d correct.
tii7� 19
1
� +}�
j'sa`.
� �.�: ,:, KiNGSy
TABLE OF CONTENTS:
a. Qualifications
Profile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 3
Experience & References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 2-15
b. Technicat Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page i6
c. Cost and Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 19
d. Conffict of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 19
e. Exceptions/Deviatians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 19
Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 20
Desig� Renderings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 22
Product Specification Sheets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 71
Team Resumes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 85
,. ;� �
�;
. ,- i{I����
PROFILE
Praposer - The Christmas Kings: Since 20Q5 The Christmas Kings(TCK) has been providing holiday
lighting and decor services in Southern Califomia. TCK is a corporation with approx. 60 employees
based out of Lake Elsinore, CA. We have several sateflite locations throughout Riverside County and
Orange County. 100% of our work is done from our in-house staff to ensure the highest quality contro(
levels. Our skilled professionals are trained and certified wi#h all equipment necessary to perform;
Boom Lifts, Scissor Lifts, Fork �ifts, Etc. For the Palm Desert Project, we wiN deploy the following:
Operation Manager oversight, 1 Project Manager, 2 Project Supervisors, 6 Skilled Labor.
The Christmas Kings has been servicing cities munscipalities in the area with similar scopes of work
since 2007. Cities currently serviced are as foilows: Temecula, Murrieta, Menifiee, Corona, l.ong
Beach, Torrance, Lake Forest, Redlands, etc. The Christmas Kings also services Ma11s, Casinos,
Hotels, Shopping Centers, HOA communities, and Churches. Here are our lacal customers:
• Embarc Community Association, Pa1m Desert
� Indian Ridge Country Club, Palm Desert �
• Sage Place Building on EI Paseo, Palm Desert
• The Estates at Desert Sprin�s, Palm Desert ✓
• BMW Palm Springs
• Desert European Motorcars, Rancho Mirage �
• AUdi Deafership, Rancho Mirage
• Desert Island, Rancho Mirage
• La Rocca Assaciation, lndian Wells
• Desert Cove, La Quinta
• Point Happy Estates, La Quinta
• Montage of Santa Rosa, La Quinta
• The Orchard, La Quinta
• Renaissance, La Quinta
• Estacio, La Quinta
• Codarniz Association, La Quinta
The Christmas Kings wilf service this contract in-house and will nat be utilizing subcontractors.
Our company is equipped to service this contract on its own. We are partners with
Artistic Holiday Designs the manufacture exclusive for our unique decor pieces.
The Christmas Kings, the prime proposer, will combine its expertise an this proposal, !n order to
provide the City of Pafm Desert with the best possible solutians, we will include our world-class
distributar, Leblanc liluminations and design firm, Artistic Holiday Designs. The Christmas Kings wi11
manage the entire project through negatiations, invoicing, communication, design, manufacturing,
shipping, instalfation, maintenance, removal, and storage.
.;�` -�
� ,�: �s�,;`i` ����i���,
r,,..�,.,.V,._.
PRO�ILE (�s��3i�ued�
DesBgr� Fi��: Artistic Holiday Designs is a d�sign firm witi� distribution rights for France's Leblanc
Illumination's decor throughout th� er�ti�e United States. Derek I�orwood, who has over 16 years of
experience in the holiday decorating business, founded Artistic Holiday Designs in March of 2015,
Derek also owns FiC Lights, an instafiation firm basecl in the Chicago land area. Over the past three
y�ars, Artistic Holiday Designs has i�rnplemented ov�r 30 projects across the US. The organization is
structured wi#h 3 employe�s; D�rek leading the fir� as CEO, Sara Basch as lead designer, and Kara
Wolf as project manager. The firm sps�ializes in turn-key festive designs. Our a�praach to
each project bsgins �vith determining th� end goal. We work w�ith our clients to cre�te dynamic
and aften custom designs. ihraughou# each project, we ensure every detai) of fabrication,
manufacturi�g, delivery, tec�nology, and installatior� is me#.
Artistic Holiday D�signs, 202 Ste�h�r�s St., Lern�nt, i� 60�39
� �'�i �`�"iC
Holiday Designs
iVlar�u#actur�r: �e�lanc ilf+�minations is a{eader in the design, manufacturing and dsstrit�u#ion
of festive iliuminatians and lighting articlss for local authorities, shopping ce�t�rs and priva4e
individuals. Lebl�nc IIlurninatio�s h�s b��n constantly modernizing and reinventin� festive ligh#-
ing for nearly 60 years. Th� company, fou�de� in 1958 by Miche! Leblanc creator of the Chri�tmas
iiluminations mark�t, ��d� its mark o� ti�e history ot liahting decorations. Today, Le�lanc has a clear
internationa! focus �raitfi� its 5 subsidiari�s a�d 26 pa�tne�s v��ith a proven presence in more than 40
co�ntriss v��rldvvi�e. As a pioneQ� ir� iliurninations, Let�l�nc brings oui emoii�ns thro�gh ifis d�signs
and fi�hting, scul}�tir�g urban boundarfes. Our magical {igh#s a�d e{ega�# s3�apes bring a festi�re tou�h
to city cer�tsrs.
Leblar�c 14iumin�tic�ns, �-8 rtse Mi�h�e! Faraday, 72027' Le �1ans�� edex 2, France '°
`4E ���_ y� '� . .. -� .._.
�� Lebla�i� � � �„r"' }��}, 4�_:�
� ifluminationa � . �
��,. � -
. . , � .�
�Y
...._ .
. _..,.s._._._'. _'_' a p'7
�,,4__.
�,� � ' ,
•y*,.
'� Leblanc �� �����`
� 111ominetlone Y
. 1.�. �=i' �.;
��L�blan�
Itlumin�Slons
L��
�
HEAD O�FIC� I
te Mar,s, Frsnce �
.-- �` �r ---� �.. ;�f , y
��,� ��
�a
�� LE�i�11C
illuminetlone
. '� ' Y�`."��.;.:
�� �� C _
�� i11U I na
�tv r�---
� _,f -
�
-�;� ��..�:,�{.,.;�=lL�NGS ,
PROFli.E {con#inuedj
The Christmas F(ings will combine its exper#ise on ihis prv�asa�. frt vrder tQ pravide the
City af Paim Desert with the best possible saluiions, we wil� in�l�de our world-ciass distril�c�tor,
�eblan� IElurr�inatians and seasaneti design firm, AI'tlStlC H�IICj3]I DBSiC,�RS. TF]8 CFtCi5t17135 KIT1�5 WIII
r�anage the entire pr�j�ct ti�rough contract, design, manu�acturing, ship�ing, installation,
maEntenance, remaval, and starage.
Piease raview our tearns' resumes in t�e A�pendix.
#77S 3 4
n,� ;�:r{;.�, ���GSr
Refere��e: Bar�na Resart � Casino
Susan I{ealo�a
Harana Resort & Casino
Marketi�g 5ervices, Project Manager - Visua! Design
'i 932 Wildca# Car�yon Raad, zakeside, CA 92D40
Phone: 5� 9-328-38�9 Fax: 519-443-5493
s�ealo�aC�barona.com
5cape: � 85 tree wra�as ti�roughout t�e casino graunds for h�liday �#�ration October -,�anuary,
3D tree wraps #hroughout a pand area fve year around lighting wraps - these ligi�#s area ch�cked
bi-mar�thly.
`�i
i � �,4 � i ��
i�w��- ��a
R
' 4�r_ � . . ^f; �!'f
11
• �:���w , �is.}�
R+ilr .a .w . —>+'�
- 1 ��a�, �`'�f`,;�"';�"rj�r�- ..,;�,'�'' .
+ � ir �if
rs �. � � . • � . � •4� . �..
��"� � .4 y.-,�} ti ,4 �
�.�.����� �[ i!.' ���///� �7�T �' ;�'f
� " f�}� � � ��� �.
. F � s + ���, • �.� ~ � �' . _
� ��it��� � � �.���`r
� � �'��� �� � . . �
� ` A'. ,�~ -�y1� � �.r . .-.
� ��
� >_.
� i ` �` ��`�x , .. eG .
—' __—' __.r...... �� � �
j'
. �.
� t i '.J: }. �Y. I
/ t s
�+f 4�� �� �� • � ` .:� , � i
� �' *• �
.�'
� �
� ��� �� ��
� � -� �„� . �' �� t ,
�_ K
,,�y ' . � �`�� r,�.,�` �1 .
- ��v , .'��� a� F
. ��
�-' .�4 .�r �
. �
s
�� �:r�.�:fr. . f�l�IGS�
Reference - Svrr�merlin Malt, Las Vegas
Gary Hornick
Summerlir� Mall - Las Vegas, Hvward Hueghs Graup
?�2-427-�083
Scope: ihe Chr�stmas Itings instalis a 4a' Christmas Tree 1 Light Show, rrEulti Galored tree t�ranches,
sections of Red, Green, Clear branches, garland, sirahes and 5' #ree top�er. Trees cantains � Q light
show �ontrol�ers, speakers, amps, etc fo aperate a light shaw tf�at runs an the �/� ho�r. 125 palm
trees are w�apped with micro LED I�ghts S� Strabes at the tap, along with custorn made
ornarr�er�t neckla�es that drape around tY�e tpp vf the tree, beiow #he tawns. 25 x 6' custom ma�le
stars installed a#f tt�e side af lauiEding which also dance t� t�e music �rom the light show, t�ese are
wire�ess cantrolled.
�-...:,,,::�;,.,_�
�`_- � `�►
t�' ,- - ..
.,"'-"�IK�M�"�!'r�
�
�`
i
.1
(
7
•.1'
� iC3 -. _ _ _ ' - -ia- ' � �.. i
���i��
Reierer�ce - Waters Creek Ma1l, Aiten, Texas
5cape: T�re Christmas Kings created a light sh4w with a 35it tree, gariand, �ertical s#robes, multi
lay�rs �f decar and a 5ft tapper tf�rough a 4,4fl4 watt audia system. Part of t�e sh�w irtcluded a 9ft
#all re€ndeer �umping over a bridge pulEing Santa's sleigt�. ��� lighted water pucics in t�e creek dance
wf#h ihe �ight shvw, 2fl light poles are wrapped in decarative gariand. Thraugh�ut the mali large �f#
and 8ft wreaths are hur�g. The st�ow incl�des 2fl canvpy wrapp�d trees that animate #hro�gh a wire-
Eess �vn#rofler.
����:,-..��_-..,_�.�. t�--�--�----,�._.�
�; .
�
,��.
;�
�� � a
. , •., .,
�.t
�
�775-19
�
,�
8
��.,.,. --,_ _ a .r
. ��' ��i��s.
Re#erer�ce: Abundant Famify Living Church
�iohn Matthews
Abundan# Family Vving Churci�
Pas#or - Assimilatian Director
16904 Civic Center �r, Rancho Cucamv�ga, CA 91 ?30
Phane: 9dS-987-711 D
Emaii: jmathews�alfco�line.com
Scnpe: 37' Artificial Christmas Tree, 8�4�' buiEding perime#er IigY�ting, 401ight p�le wraps, 4� palm
tree wraps, t�uifding up lighting, 1QD structural bows, monumen# sigr� wraps and decor, figh#ed d�cor
�deer, 5anta sleigh, etc.} tapiary wraps, 12' wreat� an building fa�ade, dual 5' wr�aths an buifdir�g
farade, snow machines, bistra lighting, TO'x50' ice skafing rinic, entire iight dis�lay synchr�nized ta
music and sa much rn�re.
"1 cantacted Tlie Christmas iCings las� Ar�gust about lightrng up Qur campus, they took the time fv
meet onsit� fora �valk thmugh and tQ get basic oversight af vvhat we wer� looking far. Rfier that they
desig�ed an amazrng package that started Off fairly sma11 and vve grew the scope fram there. 7'he
Chrisfmas iCrrrgs worked with us w�ere we had pawer Irmita�ians {,bringing in temp power for
the ssason}, and sugg�stians to make �vhat we had wark. The targe Chrrstmas tree that danced
to musrc and a fr'ght show throughaut fhe whole car�r#yard Was just amazing ta see in persan! We
coutdn't he happrer wifh the outcvme and o�r congregafi�n loved the thousands af lights, musi�
and snow machines. J highly rec�mmer�d their campany." - Jahrt Matthews
[
�
- _ _ _ _ �1
0
�:� :�;�:�•.�K���r��
; �..�,..�..._
Reierence: Miami Beach, Florida
Adrian Morales, ❑irectorl�incoln Raad Manager
PROP�RTY MANAG�M�NT D�VISION
� 833 Bay Rd, Miami Bea�h, FL 33139
Te�: 3D5-fi73-7�Qd �xt: 293�
Ad ri ar� M ara �es � m i arn i 5 ea� htl . gvv
Scape: Tlie City ot Miami Bea�h sought vut a quali#�e�d firm for a car�-�prehensive, �urnkey appraach
io haliday lig�ting design, decorations, i�siaflatian and starage. Rrtistic HvEiday Designs me# the
chal�enges af this dynamic, world-class city by providing reliat�ie and expedient res�avr�s� tirnes
to meet �rvject deadlines, staf€ requ�sts, and outs#anding delivery. Custom decor was created f�r 22
key corridors acrass tl�e ci#y.
Artistic Hvliday Desfgns is designated as the prirne contractor fior c�stam design, f�rnishing,
installativn, fabricat�vn, mair�tenance, delivery, r�mvval, ar�d starage.
};� -R �
.
�z�;� :'�', '�.'�,,;�..,_
1.. fw • �' :.��- . ,�.
. . 1 S r' � _ ,�.
.�,� ,�: ��T , ���}.:
�y1
�i"��'.Sr�jJssrr�, l�,LiJ�
� 7.w� •
Reference: Christmas in the Cammor�s, New L�r�ox, iiiinois
Kurt Carrolf, Viflage Acfrninis#ratar
1 Veterans Parkway, New Lenox, IL SQ451
8�15-4fi2-fi41 f]
kc arroi I� n ewk e n ax. n et
5cape: Ar#is#ic Hofiday Designs worked caosely with the team in New Lenox to develap a destir�a-
tian for holiday decor. The city's goal was ta bring �isitvrs frflm araund t�e surrounding cities to see
#h� iights and engage in local retailers. New Lenox has �een ane af the top ten communities in the
Chicago metrv�alitan area for new h�using starts for the pas# few years. Qur team designed the a
large light display fior the main viliage cir�ie. �ur largest decar, Papa Noel, tawers at 36 ft tail. A large
illumir�atec# mail�ox sat ir� frant inviting children to drap th�ir "Letters to Santa". frr ret�rn, #he vil-
lage staii and volun#eers mailed out fetters from 5anta. Five large intera�tive displays were ir�stalled
around the main graunds afong with an ice skating rink, and ho# cacoa stand. The cify recarded
visitors frvm 61 difFerer�t cities in 2�i 7.
Artistic H�fiday ❑esigns is designated as the prime cantractflr for holiday d�cor, dispEay �iesigns,
shipping, contract management, �v�rall project management, ir�staflation, service, maintenance,
removal, and storage.
i �4»l'�' ;` �#{
� �•�. . ,
.' ri �N '.y�'3 ��
i � �
w��, +.`.....'1 �
o-"+�,F'7"r'� - � .
_. `" ��.-ti.7.�� _ ": . �
,....ti�: �!�'i�l�"`-�►
���._-_'�-i.. '
«` _ _ i
, 7,
1 �� + � . '
�. �
_— ._-«.w- _ _ - i..�.�.� _'
���
11
� :�.,.���.:.�,��( I H G5a
,;.,.
Reference: Ligh#s Around Wheelir�g, Wheeiing, I�li�ois
Christine Bajor, Assistan# Director vf Pu�1ic Warks
Village of Wheeling
Phvne:847-279-5943
ct�ajor�wheeEi�gil.gav
SCape: The V1�age af WheefFr�g soug�t ot�# ta replace #heir ald #raditianal hflfiday tlecpr. Th� publ��
works department warked c�osely with Derek Narwaotf and Sara Basch af Artistic Holiday Oesign tv
create an avera[I them� far their new holiclay dis�fays. �he team created 5 diffe:er�t main �oncept
fhemes: Tratiitionai, Arctic, Wint�r, Circus, ar�d Whimsi�al. The t�etnes were pres�r�ted to the �iiiage
baard a# trusfees. A�ter careful cvnsicieration, t�re trustees choase t�e Wiriter theme with gree� and
pure white lighis. Alang wEth the large decar items, the city p�archased nsw pvle decor in the shape
of a wheel to play aff iheir city laga. Artislic Holiday Designs is designated as the prime contractvr
for holia�ay decor, display desigr�s, shipping, contra�t managemen#, overall praject management,
installafiQn, service, maintenance, removal, and starage.
.., -• . .. - - e;,. . _ ..�.�: ; ,� �
�_!i !� � �SL r. -�--•-�;'��'r_�� �
�
. �
i"
�,�
�
.� •;
_� _�
,x
;��_�.���,:;_�,�KfNGSy
Reference: Haliday Lig}�t Festival, Dr�and Park, Ifiir�ois
I{arie Friling, Director �f Developm�nt Servi�es
147QQ Ravinia Av�nue, Drland Park, fllinois �04f2
708-403-530 f KFriling�oriandpark.org
S�vpe: �he Vlfage of �rland Pa� is a shopping and dining destination. The ciiy staff wart#ed tv
t�ring as mariy �isitors t❑ i#s beautiful city durir�g the F�oliday season. Artistic Holiday ❑esigns worked
witF� the city's brand colors - pure white ar�d green to �reate a dynamic display at t�e city's main
shapping and dining ver�ues and train statian. At th� �iflag� hall, Artistic H�liday �esigns created a
vv#�imsical, nvn-denomina#ianaE display for t3�e Mayor's annual tree lighting cerernany.
�+
. . . _ `r,�",� v ['R _•. t'*�
,.Fs
. ��'���� "���' �
. � �-�
h�� � "• `.. a� ��� t�"f :
..-�
hR �
i
r
4;.�� " i"�' , �►'i;.°�'s.:�..�'s.. :< t
�;�`. '`�. ��'
�,. Y
« i �J-�'r
��
�_ . . . _ _ _ . � _.�__.—.. . . �. �, ____—�_ ___
. � `. 7�, � "' • {,
Y"" � ��l ' � .
� yr _
♦
� •�. 4 - r .. .
�:� :� <<�:..,.���HGSs
�. __..�.._.
Reference: Car�ter�ury City Centre, Ken#, UK
Bab Jvnes, Canterbury BIQ Chief Exe�utive
28-30 5t Peters Street, Canterbury, Kent, CT� 2Ba
f]12�7 787[755
bob.j�nes�canterburyfaid. co. uk
Scape: Canterb�ry is one of the mast his#aricaily imp�rtant cities ir� t�� UK. lts newly formed 61�
team �Business Ir-npro�ement ❑istric#} wanted tv rr�ake sure visitors enjvy�d the whale city during
iheir stay. The city itself had been negiected for a few years wit#� regarai ta Christmas iliuminativns
due #a unique infrastructure problems. Because af �he "bri�k tax" ir� tha 1 T8�'s, many af the
properties in Canterhury have a false facad� making them unable to sup�ort across st�eet Christrr�as
lights. Additianally, ther� is na lamp colUmn in the main city center. Ga4a �.ights and Le�lanc no# anly
deveioped a new fixing methad ❑nto the ��i[ding, it also used state af th� art material and
tec�rnoiogies w�ile deli�ering a visually classica! scheme tv compler-nent tF�is histori� city.
Leblanc �ll�minatians L1K is the prime cor�tractar far the 5 year con#ract for holiday de�or �iesign,
produ�tivn, d�livery, installatir�n, s�rvice, remvval, a�d storage.
Chris 5tille - Le�lanc !IluminativnslGala Lights - Project Manager 1 Lead Designer
TM ta
-�:� �.� �,�,:,�� '�(lH�S�
�; ,.:-r........�_
Reference: Winter P3easures, Brussefs, Befgitam
Svr�ya Bakrau
Leblanc IIlumir�ativns translatar
+33 6 i� 14 11 75
sonybakro u� g ma i i, cfl m
Scope: �.5 milfion is t�e esfimate of ti�e number pf people who attende�f winter pleas�res �ast year
The C#�r€stmas market in 6russels incl�des ��e weeks af activities and therefore recards
stable attendanee. 8n,sse�s �ontracted �eblanc �Il�minatians �a design holiday de��r f�r their
streetscap�s ar�cf pravzde several interacti�e pieces.
Leblanc Illuminations is the Prime contractnr for haliday decvr design, production, delivery,
installati�rr, service, remaval, and storage.
I'lease see videa vn the web: https:llyautu.belvmF� jK1 i�KM
��
.� . �a
� ��
�
�-�:' ;.
�:.. �,�
_.� .
� �i'
� ii i
_i ;
���
�h — - , --- ,
��` � �
_ � `� {
�+ t � �
r � �
���' �
� -
x� � '
' �" .. - ,
— —_� S
35
,..��f � .. �1!}��a.
b. T�CHNI�AL APPRDACH 1 WQRK PLAN
Te��r�ica! Appraach and Werk Pian SEASDNAL TREE LiGHTING
If approved by fhe cfty The Christmas f{ings will wark early marnir�g F�ours frorn 1 am - 9am daiiy to
avoid �usiness hvurs and traffic.
Plar�: TCK will use 2 teams of 4 to instal! all tree lig}�ting dawn EI Pasea. Each tearn w91i consist o# a
team 5upervisor and 3 slcil�ecf installers. We will use br�th ladders and tow behind lift equipment to
install iights t❑ praper heights. TCK is pvepared ta enact a ane �ar�e road closure if necessary for a
ma�c tlurativn o€ 5 days during the first week af Oct��aer. The raad cl�sure will b� during #he lowest
traffic times if possihfe {1:�aam to 9:Qaam - Manday through Friday}
Ef Paseo seasar�ai tree �ighting:
install start date: 5eptemE�er 24th
Instal� campletion: actaber 5th or soar�er.
Tree Lighting; �ctaber 7#f�
Removal: May � 6th - May �4th ❑r sooner.
Key Leads: Qwner of TCK Mathew Kronquist �rvill mvnitor and approve tY�e �ompletinn o� t�re project.
❑perations Manager Jaret Moore will he invo�ved wit� da}ly tasking and daily c�mpl�#ior� updates.
Antnany Wi�ite has S years' experien�e in a supervisvry roEe with our cvmpany. He is a key lead and
has run crews up ta 12 insta�lers. Anthony ha� pverseen muni�ipa€ installs up to 185 tre�s, 37'
artificial tree installs, etc. Antheny is a certified riggar and wil� ensure that product is safe an�f secure.
Gus 5an�hez has 9 years' experience with TCIC and has �reen supervising praje�ts in upwards af
$5D,000 ta $304,Q�a for the last 3 years. Bath Gus and Ant�ony are familiar with QSHA rules and
reguiations as we!# as �praper instal! tec�nique to deliver a professivna� display and fo limi# service
needs.
S�hedule: Instail 5tart date vf September 24th, T�K wiN hegin on the East side of EI Pasea.
We wilE ha�� 2 ir�sta�lers s#rictiy running and securing power, 2 installers dedi�ated ta palm trees,
� �;
_ ,-
����ss
2 installers dedicated ta deciduo�rs trees, and 2 install�rs cledicated to icicles in tF�e deciduaus trees.
TCK lik�s ta k�ep the cr�ws tasked to specific jabs ta ensure unifarmity ti�roughaut tk�e display. �nce
th� iawer wark is campleted as high as passible #rom ladders, th� p�wer crew wifl carr-ae behind the
graund crew and utilize boom lifts to reach th� taller portions of the trees. Wpr}c shauld be camp�eted in
7-1 p days' weather permitting. Leads wili updat� a wark !og each night that will be shared witl� mas�-
agement to er�sure wark fiow is on scheriule. Workflaw reports will cansist af a repart and
phatos vf every tree completed and tested. TCK will create an aerial rendering �f all t�e trees �ocated
an E! Pasea. Trees r►vill be nurnbered both vr� the rendEring and with stakes on the graund at the base
af each tree. This n�mbaring systerr► will be shared with the city, in ihe �vent of an outage or issue,
the city or TCK can referenc� the tree nu�nt�er ta ensure a quick an�f accuraie repair. Once #he ins#all
is campleted and th� lighting has been cammenced TCK owr�er Mat�ew k�ronquist wifl comple#� a
walk through with th� city fa ensure the display is cvmpleted ta satisfa�ti�r�.
Technica! Appraac3� and Work PtanlSchedule Hpliday �Fghtir�g and Decor
Hal�day Lighting and Decor:
I�stal! start date: November 5th
Ins#a!I completion: No�emb�r 9th or savr►�r.
Holiday Decor Light G�mmencement: November 1 Q�ih
Remava€� January 2nd - January 4th or svor�er.
TCK wiN utiliz� the same team t�at cvmpleted t�� tree IigY�ii�g fflr the hoEiday dec�r. The crew wili
h� familiar with p4wer lacations and will have acco�ntabili#y fvr pre�iously installed it�ms and new
items. As we completed the ir�es during non business hours, TCK will fallaw suit for applicable
holiday lightir�g facatians. Dependent on the Good, Better, 6est display chosen �CK wil! either need
to ramp up man power for completion of the prfljec# during the aliotted time frame or w� wili need
to adjust the instal! start date back for sorne af the nan daytime decor iter-ns, such as flvQd 13ghts, in
arder #o camplete tf�e s�ape of work far iightfng on Novem��r � 4#h, �n�e iiems are insta!#ed we will
complete a walk thraugh with #he city to ensure proper placement and fun�tionaiity.
7CK de�ar produ�t will hae secured dawn ta heavy weights and ar stakes drr�en into the ground.
�
r ;•
�';� � ' � �:�,:,�,-��i��ss,
Servrce & C�ualrty Canfro� - EXTREMELY 1MPDRTANT
Tt�e Christmas �ight industry is notorious historicaliy for fights going a�t, GFl outlets p��ping and
issues related ta wQrkability of the lighting display. TCK has been keeping up with the huge tech-
nalogy advar�ces in ths Christmas light manufacturing prQceSs. TCK has maved #v strictfy usir�g a
campletely waterprr�of, watertight cvnnectian far e�ery light t� iight connec#. This m�ans t�ere is
anly ane possible water intrusiar� paint far each iree instead raf dozens. Fur#hermore, TCli uses LE❑
tight s#rar�ds f�at are cc�nsidered �uif wave LEd that do not require individual r�ctifiers for each sirand
to drive the ligf�ts. T�ese drivers fail aften resultir�g in ha�f of the light strand t❑ bur� out. �ur tech-
nalogy a[lows us ta us� a single transformer a# tf�e base o� the tree to drive up ta 5Q ligt�t sets. This
allows for an extr�mely reliable tfisplay. Our motto is E11ERY LIGHT, EVERY NIGHT. In case af the
rare �ccurren�e af an autage, TCK has a rr�aximum or 24hr response time ta service the issu� and
get the display 10�% c�pera#iar�al. TCK are often wvrking in the area sa we �reventively maintain the
lig�ts befare an issue arises, checkir�g things iike tamperi�g or vandalism, lawn �are inter#ere�ce,
failed product, etc. TCK supplies a hassle free holiday seasv� #or its clients.
The Ct�ristmas Kings prides itself or� unifarmity and professionat ivoking c�isplays. TCK f�lly un-
derstands all requirements in the IV section B. a�d will o�er deliver to these terms. TCK will E�e
f�rnishing 1 QO% new produci, decar, anti power equipme�►t for this praject to ens�r� 14ght co#or
tern�era#ure is accurat� and cor�sistent, as well as ensuring all praduc# is to par with TCK standarcls
eliminating frustrat�ng service calls.
.. . . , � a
KiHGS�
c. COST AND PRICE
All pri�ing is submitted in the s�aled �ast prapasal. !f cY�osen, a breakdown ❑f alt casts wili be
submitted tv the ci#y,
ci. CnNFLiCT DF iNTER�ST
The Christmas Kings has no real ar appare�t arganization conflic# af interes# relating ta this prvject.
e. EJtCEPTI0NS10EVlATIDNS
If the city decid�s to pracure n�w cohesive and mateh themed hQ�iday decor #hr�ugf� thEs RFP ar�d
is interested in se�ling tt�e o1d decar items it fs no lQnger using, TCK would be interested in making
an v#Fer on a�d display pieces and lights tv o'ffs�t svme casts for the new display. TCK is not 1 a0%
familiar wi#h the o1d decor sv we waufd n�ed to inventary and view all items before an offer is made.
if fhe ci#y decides they wauld like to use some of there c�rrently awned d�car #hrougt�aut the
display, ❑r in other areas of the city, TCK wou�d be o�aen to fvaking intv the �Eacement and vffering a
secandary pr�pasal #or such items ta be incarporatetf ar to be instaE4ed at o#her facilities.
THANK Y�U
Thank you for allawing 7i�e Christmas �C#ngs th� oppart�nity ta present our quatificaiions.
Please cor�fact r�ur main vffice if you need any fu�ther informatian.
Mathew Kronquis#, Pr�sident
951-454-97T7
M atkrvnq ui st�g mail. �a m
�
� _
f : ,,.
-�F� � r �[�H�5 _
A�pe�dix
Th� fallawing a�pendix pages incE�d� details �f aur pr�posed decor in a goad, hetter, best scenaria.
Ea�h fayaut shows the lighting, tree lighting, and decor aptions.
Gvod:
• Viflage ha11 in fror�t wifl have raoffine done as shown, 4-5 palm trees just trunks, �. 3 pieces of decar
(2 op�ivns showr�}.
• Civic Ghamher cour#yard will have roof�ine dane with t�e 4 trees up th� entran�e.
• Civic affice entrance has roafline done with c9 lighting.
• EI Paseo will Y�ave a11 trees dflr�e as discussed. Palm trees up ta top, judicious trees f�ave �ranch
wrap mixetf with waterFall tubes, and we have one entrance sigr� witiz one decor and the secand
area has � decors.
Better:
• Vllage Y�all in front wil� have everything the gaod as well as 4 more decor items far a tvtal af 7 pieces.
• Civic �hamt�er courtyard wi�l have the same as gaod and � decvr pieces on the sidss with tree
lighting on the ieft and right.
• Civic office entrance has nv �hange, rooflirte done with c9 lighting.
• EI Paseo will have sverything goad has plus 7 additional decars tvr a tatal of 10 ar�d 30 3� s�heres.
Best:
• Village ha�l �rant gets the flood fig�ting added ta t�e t�p of the 5 palm frees.
• Civic Chamioer caurtyard gets 3 decors added �o the raafline area.
• Civic aFfice Entrar�ce has na �nar�ge, raofiine dan� with c9 iighting.
• EI Pasea will have fload iighting added ta the palm tre�s. All light paEes have two �meter pol� de-
cars tha# will r�place the unlit banners, two design optivns ar� sh�wn.
Following the design renderings are pratfuct specifi�atian sh�ets and our team's res�mes.
- - �a
��:
�{�HGS
TREE LIGHTlNG fNSTALL [3ETAtLS:
EI Pas�o
i3 Large de�iduous trees
• Branch wrapped wi�h 6" spa�ing using warm white 5mm canical coaxial LE❑ sets. �ights will
f�e wrappec� w�ti� unif�rm spa�ing ta tk�e similar height in which the lights are c�rrrently installed,
approx. ��'
• Tube snow faii Iighis (icicle [ights] wiEl be used throUghaut the canapy af the dec�duv�s trees ❑n aIi
sides, scattered with �arying heights, similar ta currently ins#a1l�d tube lights.
8 Medium deciduous trees
• Branch wrap�ed with 6" spacing using warm white 5mm conical coaxiaf LED �ets. Lights wiil be
wrapped wit� �nffarm s�aac3ng to the similar �eig�t in wi�ich t�e lights are �urrently installed,
apprax. 12-� 5'
� Tu�e snow faH ligi�ts �icicle lights} wiE� be used thr�ughaut th� canapy vf the decid�rvus �rees on afl
sides, scattered with varying heights, similar tv c�arrently instalied tube lights.
26 Thick Trunk Palm Trees
• Trur�k wrap�ed with 6" spacing using warm w�ite 5mm co�ica! coaxia! �E❑ sets. Lights wiE� be
wrapped wFth unif�rm spa�ing to the ba�e of the raugh frond secti�n, appr�x. 1 S' high.
�3 5kinny Trunk PaEm Trees
Tr�n�C wrapped with 6" spacing using warm white 5mm c�nica� caaxial LED sets. Lights wiFl be
wrapped with unifarm spacing to tl�e fvllow€ng heig�rts: G�QDIBEfTER: wraps wilf b� approx. �0'
high, gEST: UVrapped tQ #he toplbase af ti�e palm frands appr�x. 5�' high.
DECOR ITEMS: Good, Better, gest aptians described and listed on the r�ndering p�otos
City Hall
5 Thick Trunk Palm Trees �street carr�e�- in front af city hallj
• Trunlc wrapped with 6" s�acing �sing warm white 5mm cor�ical coaxial �ED set�. �ights will ��
wrapped with uniform spacing to ti�e base af the ro�agh frond se�t4on, approx. 15' hig�.
� 5ma11 dec�drao�s trees 4caurtyard crape myrtles]
• 5piral wrapped canopies witt� approx.. 5" spacing �sin� warm white 5mm canical c�axial LE❑ sets.
Lights wfli be wrapped wit� uniform spacing ta the tops.
5 Medium deciduo�as trees �trees flaking the walkway in tF�e cvurtyard- 6EST DPTtONj
• 5pira! wrapped cano�ies w��h apprax.. 6" spacing using warm white 5mm c�rnieal �Qaxial LE❑ sets.
Ligh#s wifi be wrapped with unifarm spa�ing apprax, 8'-1�' high to the beginning of tf�e faliage.
❑ECOR ITEMS: Gaad, Bet#er, B�st aptians desc�ibed and iisted an t�re rendering photos
�+
[This page has intentionally been left blank.]
Contract # / P.O. # C37130 P115004
Change Order No. 1
Contingency: YES NO
Contract Purpose: Seasonal Lighting & Décor Program Account No. 1104310-4391001
Contractor’s Name: The Christmas Kings Project No. 775-19
Address: 35100 Grape Street, Suite 3233
Lake Elsinore, CA 92530 Vendor No. V0014653
You are hereby requested to comply with the following changes from the contract plans and specifications:
DESCRIPTION OF CHANGES DECREASE INCREASE
In Contract Price In Contract Price
#1 Purchase Lighting to Replenish El Paseo Lighting Supply 21,360.00
#2 Purchase Lighting to Replenish City Hall Lighting Supply 2,000.00
TOTALS: - 23,360.00
NET CHANGE IN CONTRACT PRICE: 23,360.00 JUSTIFICATION:
Lighting has been damaged through normal wear and tear and needs to be replaced.
TOTAL BUDGET FOR PROJECT:+306,600.00 CONTINGENCY:
Less: Expend. & Encumb. To Date:-306,600.00 Amount Approved by Council:+8,664.00
Less: This Amendment Amount:-23,360.00 Less: Prior Change Order(s):--
BALANCE OF BUDGET Less: This Change Order:-23,360.00
REMAINING FOR PROJECT:(23,360.00)Balance Remaining of Contingency:(14,696.00)
The amount of the Contract will be increased by the Sum of: twenty-three thousand three hundred and sixty
dollars ($23,360)
Contract C37130 Contract Change Order No. 1 Continued from front
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish
equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump
sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner.
Revised Contract Total: $329,960
The undersigned Contractor approves the foregoing Change Order No.1 as to the changes, if any, in the contract price
specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in
work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order
No. 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that
directly or indirectly related to the approved time extension, required to complete the Change Order items. This
document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change
Order shall be effective when approved by the Owner.
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies,
waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of
or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect
costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and
all consequential damages.
This document will become a supplement to the Contract and all provisions will apply hereto, all items included above
must have required signatures as per the purchase resolution.
1. REQUESTED BY: 2. ACCEPTED BY:
ANDY FIRESTINE
ASSISTANT CITY MANAGER CONTRACTOR Date Accepted
3. CERTIFIED
FUNDS AVAILABLE:
4. APPROVED BY:
JANET MOORE
FINANCE DIRECTOR
L. TODD HILEMAN
CITY MANAGER Date Approved
NOTE: No payments will be made prior
to City Manager approval