HomeMy WebLinkAboutC37130 - Seasonal Lighting - Decor Program STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: June 14, 2018
PREPARED BY: Heather Homing, Senior Management Analyst
REQUEST: Award contract for services for the City of Palm Desert Seasonal
Lighting and Decor Program to The Christmas Kings of Lake
Elsinore, California in the annual amount of$86,645, plus a one-time
materials cost of $46,680 (Contract No. C 37130 , Project No. 775-
19).
Recommendation
By Minute Motion:
1. Waive cost proposal irregularity;
2. Award Contract No. C 37130 to The Christmas Kings in the annual amount
of $86,640 for services for the City of Palm Desert Seasonal Lighting and
Decor Program (Project No. 775-19);
3. Approve the one-time expenditure of $46,680 for purchase of lighting;
4. Authorize the City Manager to approve unforeseen expenses up to 10% of the
annual contract amount, or$8,664.50, in the form of a Change Order with staff
recommendation;
5. Approve a one-time credit of $675 toward the contract for the thirty-five (35)
holiday wreaths declared as surplus on September 7, 2017;
6. Declare various lighting and decor as surplus and authorize disposal as
recommended;
7. Authorize the City Manager to execute the agreement and any documents
necessary to effectuate the actions taken herewith.
Funds are available in various accounts of the proposed Public Works Budget.
June 14, 2018 - Staff Report
Award Contract No. C 37130 to The Christmas Kings, Inc. (Project No. 775-19)
Page 2 of 4
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 Decor Program enhances the
ambiance of the El Paseo Business District attracting locals and tourist to shop and dine
in the area.
Background Analysis
In 2013 the City expanded its Seasonal Lighting and Decor Program to include lighting of
palm trees and deciduous trees in the medians along the El Paseo Business Corridor.
The lighting was very positively received by businesses, residents, and visitors.
Therefore, 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.
The contract with the City's current vendor will expire at the end of the 2017-18 Fiscal
Year (FY). Staff completed a Request for Proposals (RFP) for design, installation,
storage, and removal of the City's Seasonal Lighting and Decor Program on March 23,
2018, and received two proposals. An internal review committee made up of five staff
members and two City Councilmembers evaluated the proposals based on qualifications
of the firm, technical approach/work plan, completeness of response, and cost and price.
The cost proposals were broken down into annual costs for installation, maintenance,
storage, removal of the lighting and decor, and one-time initial cost for purchase of
materials. Below are costs of the two (2) firms:
Proposer Location Annual Lighting/Decor
Amount Material(One-time)
The Christmas Kings Lake Elsinore, CA $86,640.00 $46,680.00
Premier Holiday Design Indio, CA $92,221.50 $60,388.70
In reviewing the cost proposals, it was noted that neither proposer included prevailing
wage in their costs as requested in the RFP. After consulting with legal counsel, it was
determined that prevailing wage is not required for this project, and staff included the
requirement in the RFP in error. Since both proposers based their cost proposals on non-
prevailing wage, and the project will not require prevailing wage, staff recommends
waiving the cost proposal irregularity.
Historically, the Seasonal Lighting and Decor Program has included a variety of decor
including reindeer, trees, bells, and other items. The proposed program selected by the
internal review committee focuses on lighting rather than decor. The committee's
consensus was that lighting provides more impact for the cost. The proposed lighting is
similar to the lighting from the 2017-18 season, with the addition of string lighting at City
Hall, and the addition of flood lights on EL Paseo palm trees. Exhibit A includes rendered
June 14, 2018 - Staff Report
Award Contract No. C 37130 to The Christmas Kings, Inc. (Project No. 775-19)
Page 3 of 4
pictures of the proposed lighting at City Hall and Exhibit B includes a rendered example
of the proposed lighting for the El Paseo Business Corridor.
The existing inventory of lighting and decor is in poor condition and has exceeded its
estimated useful life, therefore staff recommends declaring the following inventory as
surplus: one (1) 10 foot wreath, three (3) 9 foot green cone trees, two (2) 6 foot green
cone trees, one (1) 8 foot pop-up tree, one (1) 7 foot pop-up tree, and twenty-eight (28)
light pole garlands. The Christmas Kings have offered a future one-time credit toward the
contract for any lighting or decor they are able to repurpose. All remaining lighting and
decor will be donated to local charities, or disposed. The Christmas Kings have also
offered to purchase thirty-five (35) 6 foot holiday wreaths that were declared as surplus
on September 7, 2017. These wreaths were included as auction items at the City Garage
Sale on September 15, 2017, and they were not bid on. The Christmas Kings has offered
to purchase them for $675 and will apply the amount as a one-time credit toward the
purchase of lighting.
Fiscal Analysis
Staff is recommending approval of a three (3) year agreement as an initial term, and
includes provisions for up to two (2) additional one (1) year extensions at the City's option
and based on Contractor's performance and mutual agreement. The fiscal impact
includes an upfront cost to purchase new lighting of $46,680, and an annual cost of
$86,640, to install, maintain, store and remove the lighting. Funds are available in the
FY 18-19 draft Public Works budget pending final action from the City Council.
June 14, 2018 - Staff Report
Award Contract No. C 37130 to The Christmas Kings, Inc. (Project No. 775-19)
Page 4 of 4
The Christmas Kings have offered to purchase thirty-five (35) holiday wreaths for $675,
which they will apply as a one-time credit towards the purchase of materials. They will
also offer an additional credit for any lighting and decor materials they are able to
repurpose.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
imothy . Jo son, P.E.
Robert W. Hargreaves Independent In erim anet Moore Lauri Aylaian
City Attorney Director of Public Works Director of Finance City Manager
VENDOR: The Christmas Kings, Inc.
18650 Collier Avenue, Unit J
Lake Elsinore, California 92530
ATTACHMENTS: Exhibit A— City Hall Proposed Lighting
Exhibit B — El Paseo Proposed Lighting Example
Agreement
Proposal
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1775 1`,)
CONTRACTUAL SERVICES FOR THE SEASONAL LIGHTING AND DECOR
PROGRAM — PROJECT # 775-19
CITY OF PALM DESERT
CONTRACTUAL SERVICES AGREEMENT
1. Parties 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.
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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 Payment 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, salaries, 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 Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key 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 performance of
this Agreement are as follows: Matthew Kronquist, President.
3.2.5 City'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
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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 Employees. 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 Regulations. 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
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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
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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
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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 shall be entitled to coverage for the higher
limits maintained by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall 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 additional 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 all 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 will 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.
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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 all 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 Payment 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.
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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 Agreement.
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
8
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 Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
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 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents & 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 Attorney'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
9
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 Indemnity. 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 negligence, recklessness, or willful misconduct of the
Contractor.
3.5.6.2 Additional Indemnity Obligations. 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 Agreement. 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 Governing 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 City's Right to Employ Other Contractor. City reserves right to employ
other contractors in connection with this Project.
10
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment 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-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. 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 Opportunity Employment. 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
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 performance of the Services.
3.5.21 Authority to Enter Agreement. 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 original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. 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 THE CHRISTMAS KINGS
By: By:
City Manager Matthew Kronquist, President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By: By:
Rachelle Klassen
12
City Clerk
APPROVED AS TO CONTENT:
By:
Timothy R. Jonasson, P.E.
Independent Interim Director of Public Works
APPROVED AS TO FORM:
By:
Robert W. Hargreaves
City Attorney
13
Exhibit "A"
Scope of Service /Schedule of Services
14
b. TECHNICAL APPROACH /WORK PLAN
Technical Approach and Work Plan SEASONAL TREE LIGHTING
If approved by the city The Christmas Kings will work early morning hours from 1 am -9am daily to
avoid business hours and traffic.
Plan:TCK will use 2 teams of 4 to install all tree lighting down El Paseo. Each team will 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 closure 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 (1:00am to 9:00am -Monday through Friday)
El Paseo seasonal tree lighting:
Install start date: September 24th
Install completion: 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.
Operations 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 trees, 37'
artificial tree installs, etc. Anthony is a certified rigger and will ensure that product is safe and secure.
Gus Sanchez has 9 years' experience with TCK and has been supervising projects in upwards of
$50,000 to $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 will begin on the East side of El Paseo.
We will have 2 installers strictly running and securing power, 2 installers dedicated to palm trees,
14GL
2 installers dedicated to deciduous trees, and 2 installers 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 from ladders, the power crew will come behind the
ground crew and utilize boom lifts to reach the taller portions of the trees. Work should be completed in
7-10 days' weather permitting. Leads will update a work log each night that will be shared with man-
agement to ensure work flow is on schedule. Workflow reports will consist of a report and
photos of every tree completed and tested.TCK will create an aerial rendering of all the trees located
on El Paseo.Trees will be numbered both on the rendering and with stakes on the ground at the base
of each tree.This numbering system will be shared with the city. In the event of an outage or issue,
the city or TCK can reference the tree number to ensure a quick and accurate repair. Once the install
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.
Technical Approach and Work Plan/Schedule Holiday Lighting and Decor
Holiday Lighting and Decor:
Install start date: November 5th
Install completion: November 9th or sooner.
Holiday Decor Light Commencement: November 14th
Removal: January 2nd -January 4th or sooner.
TCK will utilize the same team that completed the tree lighting for the holiday decor. The crew will
be familiar with power locations and will have accountability for previously installed items and new
items. As we completed the trees during non business hours, TCK will follow suit for applicable
holiday lighting locations. Dependent on the Good, Better, Best display chosen TCK will either need
to ramp up man power for completion of the project during the allotted time frame or we will need
to adjust the install start date back for some of the non daytime decor items, such as flood lights, in
order to complete the scope of work for lighting on November 14th. Once items are installed we will
complete a walk through with the city to ensure proper placement and functionality.
TCK decor product will be secured down to heavy weights and or stakes driven into the ground.
1,
KiNGS�
Service & Quality Control-EXTREMELY IMPORTANT
The Christmas light industry is notorious historically for lights going out, 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 strictly using a
completely waterproof, watertight connection for every light to light connect. This means there is
only one possible water intrusion point for each tree instead of dozens. Furthermore, TCK uses LED
light strands that are considered full wave LED 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 allows us to use a single transformer at the base of the tree to drive up to 50 light sets. This
allows for an extremely reliable display. Our motto is EVERY LIGHT, EVERY NIGHT. In case of the
rare occurrence of an outage, TCK has a maximum or 24hr response time to service the issue and
get the display 100% operational. TCK are often working in the area so we preventively maintain the
lights before an issue arises, checking things like tampering or vandalism, lawn care interference,
failed product, etc. TCK supplies a hassle free holiday season for its clients.
The Christmas Kings prides itself on uniformity and professional looking displays. TCK fully 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.
18
El Paseo Medians along Business Corridor Tree Lighting 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 will 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
City Hall Lighting 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 hall) 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
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 Kings "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.
PRICE PRICE
ITEM DESCRIPTION (12 MONTHS) Lighting
and/or Decor
Material
1 El Paseo Seasonal Lighting $73,640.00 $40,680.00
2 El Paseo Decor n/a n/a
3 City Hall Lighting and/or Decor $13,000.00 $6,000.00
18
LFi..Mir wtin w a o«a
#775-19
Seasonal Lighting and Decor Program
PALM DESERT I CALIFORNIA
March 23, 2018
Dear Heather Horning,
I Mathew Kronquist am proposing our bid and will have the authorization to the contractual terms
and conditions.
a. Identification:
The Christmas Kings
Corporate Address: 18650 Collier Ave. Unit J, Lake Elsinore Ca 92530
951-402-2000
Fax: 951-905-1401
support@thechristmaskings.com
Contact Person:
Mathew Kronquist, President
18650 Collier ave, Unit J, Lake Elsinore CA 92530
951-454-9777
Matkronquist@gmall.com
b. Subcontractors: No subcontractors will be used.
c. Acknowledgment: We acknowledge all RFP addenda.
d. Effective Terms: Our proposal shall remain effective and valid for not less than sixty (60) days
from the date submitted.
e. Binding Signature:
Mathew Kronquist Date: 3/21/18
By signing the letter of transmittal, I, Mathew Kronquist attest that all information submitted with the
proposal is true and correct.
#775-19 1
in l•rrA.,+
TABLE OF CONTENTS:
a. Qualifications
Profile page 3
Experience 8 References page 2-15
b.Technical Approach page 16
c. Cost and Price page 19
d. Conflict of Interest page 19
e. Exceptions/Deviations page 19
Appendix page 20
Design Renderings page 22
Product Specification Sheets page 71
Team Resumes page 85
If.16•.i✓y4,,1
PROFILE
Proposer -The Christmas Kings: Since 2005 The Christmas Kings(TCK) has been providing holiday
lighting and decor services in Southern California. TCK is a corporation with approx. 60 employees
based out of Lake Elsinore, CA. We have several satellite locations throughout Riverside County and
Orange County. 100%of our work is done from our in-house staff to ensure the highest quality control
levels. Our skilled professionals are trained and certified with all equipment necessary to perform;
Boom Lifts, Scissor Lifts, Fork Lifts, Etc. For the Palm Desert Project, we will deploy the following:
Operation Manager oversight, 1 Project Manager, 2 Project Supervisors, 6 Skilled Labor.
The Christmas Kings has been servicing cities municipalities in the area with similar scopes of work
since 2007. Cities currently serviced are as follows: Temecula, Murrieta, Menifee, Corona, Long
Beach, Torrance, Lake Forest, Redlands, etc. The Christmas Kings also services Malls, Casinos,
Hotels, Shopping Centers, HOA communities, and Churches. Here are our local customers:
• Embarc Community Association, Palm Desert • La Rocca Association, Indian Wells
• Indian Ridge Country Club, Palm Desert 7 • Desert Cove, La Quinta
• Sage Place Building on El Paseo, Palm Desert • Point Happy Estates, La Quinta
• The Estates at Desert Springs, Palm Desert ./ • Montage of Santa Rosa, La Quinta
• BMW Palm Springs • The Orchard, La Quinta
• Desert European Motorcars, Rancho Mirage ,, • Renaissance, La Quinta
• Audi Dealership, Rancho Mirage • Estacio, La Quinta
• Desert Island, Rancho Mirage • Codorniz Association, La Quinta
The Christmas Kings will service this contract in-house and will not 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 on this proposal. In order to
provide the City of Palm Desert with the best possible solutions, we will include our world-class
distributor, Leblanc Illuminations and design firm, Artistic Holiday Designs. The Christmas Kings will
manage the entire project through negotiations, invoicing, communication, design, manufacturing,
shipping, installation, maintenance, removal, and storage.
PROFILE (continued)
Design Firm: Artistic Holiday Designs is a design firm with distribution rights for France's Leblanc
Illumination's decor throughout the entire United States. Derek Norwood, who has over 16 years of
experience in the holiday decorating business, founded Artistic Holiday Designs in March of 2015.
Derek also owns HC Lights, an installation firm based in the Chicago land area. Over the past three
years, Artistic Holiday Designs has implemented over 30 projects across the US. The organization is
structured with 3 employees; Derek leading the firm as CEO, Sara Basch as lead designer, and Kara
Wolf as project manager. The firm specializes in turn-key festive designs. Our approach to
each project begins with determining the end goal. We work with our clients to create dynamic
and often custom designs. Throughout each project, we ensure every detail of fabrication,
manufacturing, delivery, technology, and installation is met. A ir`-i Sf iC
Artistic Holiday Designs, 202 Stephens St., Lemont, IL 60439 Holiday Designs
Manufacturer: Leblanc illuminations is a leader in the design, manufacturing and distribution
of festive illuminations and lighting articles for local authorities, shopping centers and private
individuals. Leblanc Illuminations has been constantly modernizing and reinventing festive light-
ing for nearly 60 years.The company, founded in 1958 by Michel Leblanc creator of the Christmas
illuminations market, made its mark on the history of lighting decorations. Today, Leblanc has a clear
international focus with its 5 subsidiaries and 26 partners with a proven presence in more than 40
countries worldwide. As a pioneer in illuminations, Leblanc brings out emotions through its designs
and lighting, sculpting urban boundaries. Our magical lights and elegant shapes bring a festive touch
to city centers.
Leblanc Illuminations, 678 rue Michael Faraday, 7202.7 Le Mans-Cedex 2, France r`
Leblancs OLeblanc �� Leblanc
lluminelio n mumineilans
Illuminatlan■
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HEAD OFFICE ROMANIA,
La Mans,France
Leblanc
Illuminatforre
1111
PROFILE (continued)
The Christmas Kings will combine its expertise on this proposal. In order to provide the
City of Palm Desert with the best possible solutions, we will include our world-class distributor,
Leblanc Illuminations and seasoned design firm,Artistic Holiday Designs. The Christmas Kings will
manage the entire project through contract, design, manufacturing, shipping, installation,
maintenance, removal, and storage.
Please review our teams' resumes in the Appendix.
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#775-19 5
Reference: Barons Resort&Casino
Susan Kealoha
Barons Resort & Casino
Marketing Services, Project Manager - Visual Design
1932 Wildcat Canyon Road, Lakeside, CA 92040
Phone: 619-328-3609 Fax: 619-443-5493
skealoha@barona.com
Scope: 185 tree wraps throughout the casino grounds for holiday duration October-January,
30 tree wraps throughout a pond area for year around lighting wraps-these lights area checked
bi-monthly.
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Reference -Summerlin MaII, Las Vegas
Gary Hornick
Summerlin Mall - Las Vegas, Howard Hueghs Group
702-427-0083
Scope: The Christmas Kings installs a 40' Christmas Tree/Light Show, multi colored tree branches,
sections of Red, Green, Clear branches, garland, strobes and 6' tree topper. Trees contains 10 light
show controllers, speakers, amps, etc to operate a light show that runs on the'/a hour. 125 palm
trees are wrapped with micro LED lights &Strobes at the top, along with custom made
ornament necklaces that drape around the top of the tree, below the fawns. 25 x 6' custom made
stars installed off the side of building which also dance to the music from the light show, these are
wireless controlled.
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Reference - Waters Creek Mali, Alien,Texas
Scope: The Christmas Kings created a light show with a 35ft tree, garland, vertical strobes, multi
layers of decor and a 5ft topper through a 4,000 watt audio system. Part of the show included a 9ff
tall reindeer jumping over a bridge pulling Santa's sleigh. 200 lighted water pucks in the creek dance
with the light show. 20 light poles are wrapped in decorative garland. Throughout the mall large Eft
and aft wreaths are hung. The show includes 20 canopy wrapped trees that animate through a wire-
less controller.
•
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#77519
Reference: Abundant Family Living Church
John Matthews
Abundant Family Living Church
Pastor-Assimilation Director
10900 Civic Center Dr, Rancho Cucamonga, CA 91730
Phone: 909-987-7110
Email: jrnathewsOalfconline.com
Scope: 37' Artificial Christmas Tree, 8000' building perimeter lighting, 40 light pole wraps, 40 palm
tree wraps, building up lighting, 100 structural bows, monument sign wraps and decor, lighted decor
(deer, Santa sleigh, etc.) topiary wraps, 12' wreath on building façade, dual 5' wreaths on building
façade, snow machines, bistro lighting, 70'x50' ice skating rink, entire light display synchronized to
music and so much more.
"I contacted The Christmas Kings last August about lighting up our campus, they took the time to
meet onsite fora walk through and to get basic oversight of what we were looking for. After that they
designed an amazing package that started off fairly small and we grew the scope from there. The
Christmas Kings worked with us where we had power limitations (bringing in temp power for
the season), and suggestions to make what we had work. The large Christmas tree that danced
to music and a light show throughout the whole courtyard was just amazing to see in person! We
couldn't be happier with the outcome and our congregation loved the thousands of lights, music
and snow machines. l highly recommend their company." -John Matthews
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Reference: Miami Beach, Florida
Adrian Morales, Director/Lincoln Road Manager
PROPERTY MANAGEMENT DIVISION
1833 Bay Rd, Miami Beach, FL 33139
Tel: 305-673-7000 Ext: 2932
AdrianMorales@miamibeachfl.gov
Scope:The City of Miami Beach sought out a qualified firm for a comprehensive, turnkey approach
to holiday lighting design, decorations, installation and storage. Artistic Holiday Designs met the
challenges of this dynamic, world-class city by providing reliable and expedient response times
to meet project deadlines, staff requests, and outstanding delivery. Custom decor was created for 22
key corridors across the city.
Artistic Holiday Designs is designated as the prime contractor for custom design, furnishing,
installation, fabrication, maintenance, delivery, removal, and storage.
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Reference: Christmas in the Commons, New Lenox, Illinois
Kurt Carroll, Village Administrator
1 Veterans Parkway, New Lenox, IL 60451
815-462-6410
kcarroll@newlenox.net
Scope: Artistic Holiday Designs worked closely with the team in New Lenox to develop a destina-
tion for holiday decor. The city's goal was to bring visitors from around the surrounding cities to see
the lights and engage in local retailers. New Lenox has been one of the top ten communities in the
Chicago metropolitan area for new housing starts for the past few years. Our team designed the a
large light display for the main village circle. Our largest decor, Papa Noel, towers at 36 ft tall. A large
illuminated mailbox sat in front inviting children to drop their"Letters to Santa". In return, the vil-
lage staff and volunteers mailed out letters from Santa. Five large interactive displays were installed
around the main grounds along with an ice skating rink, and hot cocoa stand. The city recorded
visitors from 61 different cities in 2017.
Artistic Holiday Designs is designated as the prime contractor for holiday decor, display designs,
shipping, contract management, overall project management, installation, service, maintenance,
removal, and storage.
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Reference: Lights Around Wheeling, Wheeling, Illinois
Christine Bajor, Assistant Director of Public Works
Village of Wheeling
Phone: 847-279-6903
cbajorewheelingil.gov
Scope: The Village of Wheeling sought out to replace their old traditional holiday decor. The public
works department worked closely with Derek Norwood and Sara Basch of Artistic Holiday Design to
create an overall theme for their new holiday displays. The team created 5 different main concept
themes: Traditional, Arctic, Winter, Circus, and Whimsical. The themes were presented to the village
board of trustees. After careful consideration, the trustees choose the Winter theme with green and
pure white lights. Along with the large decor items, the city purchased new pole decor in the shape
of a wheel to play off their city logo. Artistic Holiday Designs is designated as the prime contractor
for holiday decor, display designs, shipping, contract management, overall project management,
installation, service, maintenance, removal, and storage.
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Reference: Holiday Light Festival, Orland Park, Illinois
Karie Friling, Director of Development Services
14700 Ravinia Avenue, Orland Park, Illinois 60462
708-403-530 f KFriling@oriandpark.org
Scope: The Village of Orland Park is a shopping and dining destination. The city staff wanted to
bring as many visitors to its beautiful city during the holiday season.Artistic Holiday Designs worked
with the city's brand colors- pure white and green to create a dynamic display at the city's main
shopping and dining venues and train station. At the village hall, Artistic Holiday Designs created a
whimsical, non-denominational display for the Mayor's annual tree lighting ceremony.
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Reference: Canterbury City Centre, Kent, UK
Bob Jones, Canterbury BID Chief Executive
28-30 St Peters Street, Canterbury, Kent, CT1 2BQ
01227 787055
bob.jones@canterburybid.co.uk
Scope: Canterbury is one of the most historically important cities in the UK. Its newly formed BID
team (Business Improvement District) wanted to make sure visitors enjoyed the whole city during
their stay. The city itself had been neglected for a few years with regard to Christmas illuminations
due to unique infrastructure problems. Because of the "brick tax" in the 1780's, many of the
properties in Canterbury have a false facade making them unable to support across street Christmas
lights. Additionally, there is no lamp column in the main city center. Gala Lights and Leblanc not only
developed a new fxing method onto the building, it also used state of the art material and
technologies while delivering a visually classical scheme to complement this historic city.
Leblanc Illuminations UK is the prime contractor for the 5 year contract for holiday decor design,
production, delivery, installation, service, removal, and storage.
Chris Stille - Leblanc Illuminations/Gala Lights - Project Manager/ Lead Designer
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Reference: Winter Pleasures, Brussels, Belgium
Sonya Bakrou
Leblanc Illuminations translator
+33 6 11 14 11 75
sonybakrou Cg mail.com
Scope: 1.5 million is the estimate of the number of people who attended winter pleasures last year.
The Christmas market in Brussels includes five weeks of activities and therefore records
stable attendance. Brussels contracted Leblanc illuminations to design holiday decor for their
streetscapes and provide several interactive pieces.
Leblanc Illuminations is the Prime contractor for holiday decor design, production, delivery,
installation, service, removal, and storage.
Please see video on the web: https://youtu.be/vmF1jK1I2KM
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b. TECHNICAL APPROACH /WORK PLAN
Technical Approach and Work Plan SEASONAL TREE LIGHTING
if approved by the city The Christmas Kings will work early morning hours from lam -9am daily to
avoid business hours and traffic.
Plan:TCK will use 2 teams of 4 to install all tree lighting down El Paseo. Each team will 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 closure 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 (1:00am to 9:00am- Monday through Friday)
El Paseo seasonal tree lighting:
install start date: September 24th
Install completion: 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.
Operations 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 trees, 37'
artificial tree installs, etc. Anthony is a certified rigger and will ensure that product is safe and secure.
Gus Sanchez has 9 years' experience with TCK and has been supervising projects in upwards of
$50,000 to $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 will begin on the East side of El Paseo.
We will have 2 installers strictly running and securing power, 2 installers dedicated to palm trees,
2 installers dedicated to deciduous trees, and 2 installers 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 from !adders, the power crew will come behind the
ground crew and utilize boom lifts to reach the taller portions of the trees. Work should be completed in
7-1❑ days' weather permitting. Leads will update a work log each night that will be shared with man-
agement to ensure work flow is on schedule. Workflow reports will consist of a report and
photos of every tree completed and tested.TCK will create an aerial rendering of all the trees located
on El Paseo. Trees will be numbered both on the rendering and with stakes on the ground at the base
of each tree. This numbering system will be shared with the city. In the event of an outage or issue,
the city or TCK can reference the tree number to ensure a quick and accurate repair. Once the install
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.
Technical Approach and Work Plan/Schedule Holiday Lighting and Decor
Holiday Lighting and Decor:
Install start date: November 5th
Install completion: November 9th or sooner.
Holiday Decor Light Commencement: November 14th
Removal: January 2nd -January 4th or sooner.
TCK will utilize the same team that completed the tree lighting for the holiday decor. The crew will
be familiar with power locations and will have accountability for previously installed items and new
items. As we completed the trees during non business hours, TCK will follow suit for applicable
holiday lighting locations. Dependent on the Good, Better, Best display chosen TCK will either need
to ramp up man power for completion of the project during the allotted time frame or we will need
to adjust the install start date back for some of the non daytime decor items, such as flood lights, in
order to complete the scope of work for lighting on November 14th. Once items are installed we will
complete a walk through with the city to ensure proper placement and functionality.
TCK decor product will be secured down to heavy weights and or stakes driven into the ground.
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Service & Quality Control-EXTREMELY IMPORTANT
The Christmas light industry is notorious historically for tights going out, 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 strictly using a
completely waterproof, watertight connection for every light to light connect. This means there is
only one possible water intrusion point for each tree instead of dozens. Furthermore, TCK uses LED
light strands that are considered full wave LED 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 allows us to use a single transformer at the base of the tree to drive up to 50 light sets. This
allows for an extremely reliable display. Our motto is EVERY LIGHT, EVERY NIGHT. in case of the
rare occurrence of an outage, TCK has a maximum or 24hr response time to service the issue and
get the display 100% operational. TCK are often working in the area so we preventively maintain the
lights before an issue arises, checking things like tampering or vandalism, lawn care interference,
failed product, etc, TCK supplies a hassle free holiday season for its clients.
The Christmas Kings prides itself on uniformity and professional looking displays. TCK fully un-
derstands all requirements in the }V 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.
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c. COST AND PRICE
All pricing is submitted in the sealed cost proposal. If chosen, a breakdown of all costs will be
submitted to the city.
d. CONFLICT OF INTEREST
The Christmas Kings has no real or apparent organization conflict of interest relating to this project.
e. EXCEPTIONS/DEVIATIONS
If the city decides to procure new cohesive and match themed holiday decor through this RFP and
is interested in selling the old decor items it is no longer using, TCK would be interested in making
an offer on old display pieces and lights to offset some costs for the new display. TCK is not 100%
familiar with the old decor so we would need to inventory and view all items before an offer is made.
If the city decides they would like to use some of there currently owned decor throughout the
display, or in other areas of the city, TCK would be open to looking into the placement and offering a
secondary proposal for such items to be incorporated or to be installed at other facilities.
THANK YOU
Thank you for allowing The Christmas Kings the opportunity to present our qualifications.
Please contact our main office if you need any further information.
Mathew Kronquist, President
951-454-9777
Matkronquist@gmaiI.com
KINGS
Appendix
The following appendix pages include details of our proposed decor in a good, better, best scenario.
Each layout shows the lighting, tree lighting, and decor options.
Good:
• Village hall in front will have roofline done as shown, 4-5 palm trees just trunks, &3 pieces of decor
(2 options shown).
• Civic Chamber courtyard will have roofline done with the 4 trees up the entrance.
• Civic office entrance has roofline done with c9 lighting,
• El Paseo will have all trees done as discussed. Palm trees up to top, judicious trees have branch
wrap mixed with waterfall tubes, and we have one entrance sign with one decor and the second
area has 2 decors.
Better:
- Village hall in front will have everything the good as well as 4 more decor items for a total of 7 pieces.
• Civic Chamber courtyard will have the same as good and 2 decor pieces on the sides with tree
lighting on the left and right.
• Civic office entrance has no change, roofline done with c9 lighting.
• El Paseo will have everything good has plus 7 additional decors for a total of 10 and 30 3D spheres.
Best:
• Village hall front gets the flood lighting added to the top of the 5 palm trees.
• Civic Chamber courtyard gets 3 decors added to the roofline area.
• Civic office entrance has no change, roofline done with c9 lighting.
• El Paseo will have flood lighting added to the palm trees. All light poles have two imeter pole de-
cors that will replace the unlit banners, two design options are shown.
Following the design renderings are product specification sheets and our team's resumes.
20
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TREE LIGHTING INSTALL DETAILS:
El Paseo
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 will be
wrapped with uniform spacing to the base of the rough frond section, approx. 15' high.
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 the following heights: GOOD/BETTER: wraps will be approx. 20'
high, BEST: Wrapped to the top/base of the palm fronds approx. 50' high.
DECOR ITEMS: Good, Better, Best options described and listed on the rendering photos
City Hall
5 Thick Trunk Palm Trees (street corner in front of city hall)
• Trunk 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.
4 Small deciduous trees (courtyard crape myrtles)
• Spiral wrapped canopies with approx.. 6" spacing using warm white 5mm conical coaxial LED sets.
Lights will be wrapped with uniform spacing to the tops.
6 Medium deciduous trees (trees flaking the walkway in the courtyard- BEST OPTION)
• Spiral wrapped canopies with approx.. 6" spacing using warm white 5mm conical coaxial LED sets.
Lights will be wrapped with uniform spacing approx. 8'-10' high to the beginning of the foliage.
DECOR ITEMS: Good, Better, Best options described and listed on the rendering photos
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