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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 n • n cD CD %D ■ n CD • • • • 10* • •f - • • • • ■ • • ■ • ■ • ■ • • • F • • • • • •• - • • I • I} ' • • • • • } • • • r. . • • • • • • rii� V 2 • .� • •`. r~"f •f k. �. �. Ali n' ' 0 1 �D w -I ,tw • • • • • • • I • • • •• • • • • i ...M. • •r -0 m 20. — r,.-,r......::,....-.;... .§-- -0 a, u) c.n or. ca mo --, 0 --4 — I --..... .'1.- 0 cn al z-_-. wt• IQ -. .•..,• ••• • • _Tied, r.raiir ;-•-•"11.• . -.. ..Ar - . 1- la- '.!•,-,-.::::•-... - . 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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. 1 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 2 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 3 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 4 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 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. 6 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. 7 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■ e e GANADA 0 Lem c 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. fi oe D 4, ? end ,•• f V �� DJ Cf dQ b' 17 ova/, s� �� qa elo 7ftle 4`ra 'Ito �'e'�t\ �rF0r�Npe+ '4. �aN 4`'SC``�g5 -n''na 7nss ���, ,O0 Artist �% °" ��s 5r�p�.r9 0 t'� p a �o a �� vm p s dr°ctucts •.+ � � la n0 m 10Sta •Qy �toThe ►nst„ Designs c on ° cc Christmas N LED technologyCD C' Kings ,z ow gcgage y 44,kr °°te ��� �ry4ho °riquist • Jaret° °ret Qoti°�aog ny White • Gusto.-Sin ��... s o iv �� c� a, C 0G y d, c• 0 N U in •S -I? A rn Q7 ❑. ❑ 7 h U c c #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. 1 7' " '• S i t,mac Z ''-'-, i. -., ,,,,-.4:11, kair-AltnitiVaftr, C . , . ,i ; ..:'-• ' . :,. .,4 ,). .. ! — - '��: ; ` L{ •~ •'Y • . ,I a l 1 I s. - '=dap ti ,_• }f K ■ zc ,, "la < e a;' •-"4•' r•- s, 6 -r .441GSm 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. ow ..-., .-- I , • • I• T ' '-W x P s. 1. r 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. • • • ,4eVty #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 • ! / ■■ aJ 41 lEfc tip. . T • R t _ n prINGL 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. 1 r5 c1 Li , i ' r, , r • la, _ its SSE', ' i v. •�eA �.. -• 'fi r .� : ;iv ,r *775-19 m '.(,:ri iarrtaGS 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. 'f•^Far"' .•:'.12 Jyy may = • 4• - 4775-19 - 11 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. s,,. ., ; rJ , - 4 - `, 'vim`�, te. ft i ,....."" ' . • • f.i,,--'s _ ::A_. •,•'.•-4:1* — — —1 * ,_,.4..- rk- ---,_..... '44 .0". * •" It - ; • t . F T7' ;,775_1;] 12 '7h;r-ef.ai,,,,/,11tS,. 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. A R S 1 i 0. ' ,:c i t ;N 1, - i 'q , r' i 4. , Y e - v 1.ft 5::—14„, I• 74'' .1! i-ly / ' .,ip i t.,:-titer :y " likk 41,. ,..;__‘ f4 may.i - I I 4775-19 13 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 tee•\0 SMAP • Pr -! r • I� Fr 1: -.1d-''.‘44getiNGS 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 _Th 0 L ..11;rIN or. - itrr -__, ,.. ------.,._,___., A I. \ie. ... ________,.011.ift, 4 7 , ii, it i = �:` `• _ /A :� 41; Ai Id ,9 4 if,,.. to;- , k•• 1,1 ' ' t F::,, .o y ,w :,} dui' k..:,: i �;' .I�-_, - _.4 ail, `lr', ii7if F } •S #775.19 'n 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. ,; L°- 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. is KINGS 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 KINGS 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 l