Agreement with Custom Holiday Lights, LLC

City of Glendale — Regular Meeting (2024-09-10)

Extracted text (via pymupdf) 42019 characters

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C
AGREEMENT FOR
Holiday Lighting Displays - Design, Maintenance and Removal
City of Glendale Solicitation No. RFP 24-46
This Agreement for Holiday Lighting Displays - Design, Maintenance and Removal ("Agreement") is effective and
entered into between CITY OF GLENDALE, an Arizona municipal corporation ("City"), and Custom Holiday
Lights, LLC, an Arizona Corporation, authorized to do business in the State of Arizona, ("Contractor"), as of the
_____ day of ____________, 2024.
RECITALS
A.
City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, pursuant to Solicitation No. RFP 24-46 (the "Project");
B.
City desires to retain the services of Contractor to perform those specific duties and produce the specific
work as set forth in the Project attached hereto; and
C.
City and Contractor desire to memorialize their agreement with this document.
AGREEMENT
In consideration of the Recitals, which are confirmed as true and correct and incorporated by this reference, the
mutual promises and covenants contained in this Agreement, and other good and valuable consideration, City and
Contractor agree as follows:
1.
Key Personnel; Sub-contractors.
1.1
Services. Contractor will provide all services necessary to assure the Project is completed timely and
efficiently consistent with Project requirements, including, but not limited to, working in close
interaction and interfacing with City and its designated employees, and working closely with others,
including other contractors or consultants, retained by City.
1.2
Project Team.
a.
Project Manager.
(1)
Contractor will designate an employee as Project Manager with sufficient training,
knowledge, and experience to complete the Project and handle all aspects of the
Project (as determined by the City in its sole discretion); such that the work
produced by Contractor is consistent with applicable standards as detailed in this
Agreement;
(2)
The City must approve the designated Project Manager; and
(3)
To assure the Project schedule is met, Project Manager may be required to devote
no less than a specific amount of time as set out in Exhibit A.
b.
Project Team.
(1)
The Project Manager and all other employees assigned to the project by Contractor
will comprise the "Project Team."
(2)
Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Contractor.
c.
Discharge, Reassign, Replacement.
(1)
Contractor acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in the response to the Project's
solicitation.

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(2)
Contractor will not discharge, reassign or replace or diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Contractor, in which event the substitute must first be approved in writing by City.
(3)
Contractor will change any of the members of the Project Team at the City's request
if an employee's performance does not equal or exceed the level of competence that
the City may reasonably expect of a person performing those duties or if the acts or
omissions of that person are detrimental to the development of the Project.
d.
Sub-contractors.
(1)
Contractor may engage specific technical contractor (each a "Sub-contractor") to
furnish certain service functions.
(2)
Contractor will remain fully responsible for Sub-contractor's services.
(3)
Sub-contractors must be approved by the City, unless the Sub-contractor was
previously mentioned in the response to the solicitation.
(4)
Contractor shall certify by letter that contracts with Sub-contractors have been
executed incorporating requirements and standards as set forth in this Agreement.
2.
Schedule. The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
3.
Contractor’s Work.
3.1
Standard. Contractor must perform services in accordance with the standards of due diligence, care,
and quality prevailing among contractors having substantial experience with the successful furnishing
of services for projects that are equivalent in size, scope, quality, and other criteria under the Project
and identified in this Agreement.
3.2
Licensing. Contractor warrants that:
a.
Contractor and Sub-contractors will hold all appropriate and required licenses, registrations
and other approvals necessary for the lawful furnishing of services ("Approvals"); and
b.
Neither Contractor nor any Sub-contractor has been debarred or otherwise legally excluded
from contracting with any federal, state, or local governmental entity ("Debarment").
(1)
City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments or to examine Contractor's contracting ability.
(2)
Contractor must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration and the failure of the Contractor to notify City as
required will constitute a material default under the Agreement.
3.3
Compliance. Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards and
criteria designated by City.
Contractor must not discriminate against any employee or applicant for employment on the basis of
race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or
expression, genetic characteristics, familial status, U.S. military veteran status or any
disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated
within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this
section.

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3.4
Coordination; Interaction.
a.
For projects that the City believes requires the coordination of various professional services,
Contractor will work in close consultation with City to proactively interact with any other
professionals retained by City on the Project ("Coordinating Project Professionals").
b.
Subject to any limitations expressly stated in the Project Budget, Contractor will meet to
review the Project, Schedule, Project Budget, and in-progress work with Coordinating
Project Professionals and City as often and for durations as City reasonably considers
necessary in order to ensure the timely work delivery and Project completion.
c.
For projects not involving Coordinating Project Professionals, Contractor will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
3.5
Work Product.
a.
Ownership. Upon receipt of payment for services furnished, Contractor grants to City, and
will cause its Sub-contractors to grant to the City, the exclusive ownership of and all
copyrights, if any, to evaluations, reports, drawings, specifications, project manuals, surveys,
estimates, reviews, minutes, all "architectural work" as defined in the United States Copyright
Act, 17 U.S.C § 101, et seq., and other intellectual work product as may be applicable ("Work
Product").
(1)
This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2)
Contractor warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
b.
Delivery. Contractor will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c.
City Use.
(1)
City may reuse the Work Product at its sole discretion.
(2)
In the event the Work Product is used for another project without further
consultations with Contractor, the City agrees to indemnify and hold Contractor
harmless from any claim arising out of the Work Product.
(3)
In such case, City shall also remove any seal and title block from the Work Product.
4.
Compensation for the Project.
4.1
Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $700,000, as specifically detailed in Exhibit B (the "Compensation").
4.2
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated scope of services as outlined in the Project is significantly modified.
a.
Adjustments to the Compensation require a written amendment to this Agreement and may
require City Council approval.
b.
Additional services which are outside the scope of the Project contained in this Agreement
may not be performed by the Contractor without prior written authorization from the City.
c.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in the
Exhibits and accompanying attachments, the provisions of this Agreement shall take priority
and govern the conduct of the parties.

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5.
Billings and Payment.
5.1
Applications.
a.
Contractor will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated below.
b.
The period covered by each Payment Application will be one calendar month ending on the
last day of the month or as specified in the solicitation.
5.2
Payment.
a.
After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b.
Payment may be subject to or conditioned upon City's receipt of:
(1)
Completed work generated by Contractor and its Sub-contractors; and
(2)
Unconditional waivers and releases on final payment from Sub-contractors as City
may reasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.
5.3
Review and Withholding. City's Project Manager will timely review and certify Payment Applications.
a.
If the Payment Application is rejected, the Project Manager will issue a written listing of the
items not approved for payment.
b.
City may withhold an amount sufficient to pay expenses that City reasonably expects to incur
in correcting the deficiency or deficiencies rejected for payment.
6.
Termination.
6.1
For Convenience. City may terminate this Agreement for convenience, without cause, by delivering
a written termination notice stating the Effective Termination date, which may not be less than 30
days following the date of delivery.
a.
Contractor will be equitably compensated for Goods or Services furnished prior to receipt
of the termination notice and for reasonable costs incurred.
b.
Contractor will also be similarly compensated for any approved effort expended and
approved costs incurred that are directly associated with project closeout and delivery of the
required items to the City.
6.2
For Cause. City may terminate this Agreement for cause if Contractor fails to cure any breach of this
Agreement within seven days after receipt of written notice specifying the breach.
a.
Contractor will not be entitled to further payment until after City has determined its damages.
If City's damages resulting from the breach, as determined by City, are less than the equitable
amount due but not paid Contractor for Service and Repair furnished, City will pay the
amount due to Contractor, less City's damages, in accordance with the provision of § 5.
b.
If City's direct damages exceed amounts otherwise due to Contractor, Contractor must pay
the difference to City immediately upon demand; however, Contractor will not be subject to
consequential damages of more than $1,000,000 or the amount of this Agreement, whichever
is greater.
7.
Conflict. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating, negotiating,
securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or consultant of any
other party to this Agreement.
8.
Insurance.
8.1
Requirements. Contractor must obtain and maintain the following insurance ("Required Insurance"):

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a.
Contractor and Sub-contractors. Contractor, and each Sub-contractor performing work or
providing materials related to this Agreement must procure and maintain the insurance
coverages described below (collectively referred to herein as the "Contractor's Policies"),
until each Party's obligations under this Agreement are completed.
b.
General Liability.
(1)
Contractor must at all times relevant hereto carry a commercial general liability
policy with a combined single limit of at least $1,000,000 per occurrence and
$2,000,000 annual aggregate for each property damage and contractual property
damage.
(2)
Sub-contactors must at all times relevant hereto carry a general commercial liability
policy with a combined single limit of at least $1,000,000 per occurrence.
(3)
This commercial general liability insurance must include independent contractors'
liability, contractual liability, broad form property coverage, XCU hazards if
requested by the City, and a separation of insurance provision.
(4)
These limits may be met through a combination of primary and excess liability
coverage.
c.
Auto. A business auto policy providing a liability limit of at least $1,000,000 per accident for
Contractor and $1,000,000 per accident for Sub-contractors and covering owned, non-
owned and hired automobiles.
d.
Workers' Compensation and Employer's Liability. A workers' compensation and employer's
liability policy providing at least the minimum benefits required by Arizona law.
e.
Notice of Changes. Contractor's Policies must provide for not less than 30 days' advance
written notice to City Representative of:
(1)
Cancellation or termination of Contractor or Sub-contractor's Policies;
(2)
Reduction of the coverage limits of any of Contractor or and Sub-contractor's
Policies; and
(3)
Any other material modification of Contractor or Sub-contractor's Policies related
to this Agreement.
f.
Certificates of Insurance.
(1)
Within 10 business days after the execution of the Agreement, Contractor must
deliver to City Representative certificates of insurance for each of Contractor and
Sub-contractor's Policies, which will confirm the existence or issuance of Contractor
and Sub-contractor's Policies in accordance with the provisions of this section, and
copies of the endorsements of Contractor and Sub-contractor's Policies in
accordance with the provisions of this section.
(2)
City is and will be under no obligation either to ascertain or confirm the existence
or issuance of Contractor and Sub-contractor's Policies, or to examine Contractor
and Sub-contractor’s Policies, or to inform Contractor or Sub-contractor in the
event that any coverage does not comply with the requirements of this section.
(3)
Contractor's failure to secure and maintain Contractor Policies and to assure Sub-
contractor policies as required will constitute a material default under the
Agreement.
g.
Other Contractors or Vendors.
(1)
Other contractors or vendors that may be contracted with in connection with the
Project must procure and maintain insurance coverage as is appropriate to their
particular contract.

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(2)
This insurance coverage must comply with the requirements set forth above for
Contractor's Policies (e.g., the requirements pertaining to endorsements to name the
parties as additional insured parties and certificates of insurance).
h.
Policies. Except with respect to workers' compensation and employer's liability coverages,
City must be named and properly endorsed as additional insureds on all liability policies
required by this section.
(1)
The coverage extended to additional insureds must be primary and must not
contribute with any insurance or self insurance policies or programs maintained by
the additional insureds.
(2)
All insurance policies obtained pursuant to this section must be with companies
legally authorized to do business in the State of Arizona and reasonably acceptable
to all parties.
8.2
Sub-contractors.
a.
Contractor must also cause its Sub-contractors to obtain and maintain the Required
Insurance.
b.
City may consider waiving these insurance requirements for a specific Sub-contractor if City
is satisfied the amounts required are not commercially available to the Sub-contractor and
the insurance the Sub-contractor does have is appropriate for the Sub-contractor's work
under this Agreement.
c.
Contractor and Sub-contractors must provide to the City proof of the Required Insurance
whenever requested.
8.3
Indemnification.
a.
To the fullest extent permitted by law, Contractor must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an "Indemnified
Party," collectively, the "Indemnified Parties"), for, from, and against any and all claims,
demands, actions, damages, judgments, settlements, personal injury (including sickness,
disease, death, and bodily harm), property damage (including loss of use), infringement,
governmental action and all other losses and expenses, including attorneys' fees and litigation
expenses (each, a "Demand or Expense"; collectively, "Demands or Expenses") asserted by
a third-party (i.e. a person or entity other than City or Contractor) and that arises out of or
results from the breach of this Agreement by the Contractor or the Contractor’s negligent
actions, errors or omissions (including any Sub-contractor or other person or firm employed
by Contractor), whether sustained before or after completion of the Project.
b.
This indemnity and hold harmless provision applies even if a Demand or Expense is in part
due to the Indemnified Party's negligence or breach of a responsibility under this Agreement,
but in that event, Contractor shall be liable only to the extent the Demand or Expense results
from the negligence or breach of a responsibility of Contractor or of any person or entity
for whom Contractor is responsible.
c.
Contractor is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
9.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Contractor warrants
their compliance and that of its subcontractors with all federal immigration laws and regulations that relate to
their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Contractor or
subcontractor’s breach of this warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the City under the terms of this Agreement. The City retains the legal
right to randomly inspect the papers and records of the other party to ensure that the other party is complying
with the above-mentioned warranty. The Contractor and subcontractor warrant to keep their respective

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papers and records open for random inspection during normal business hours by the other party. The parties
shall cooperate with the City’s random inspections, including granting the inspecting party entry rights onto
their respective properties to perform the random inspections and waiving their respective rights to keep such
papers and records confidential.
10.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a
boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
11.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during
the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
12.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Contractor with oversight responsibility.
13.
Notices.
13.1
A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:
a.
The Notice is in writing; and
b.
Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested); and
c.
Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
(1)
Received on a business day, or before 5:00 p.m., at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
service on or before 5:00 p.m.; or
(2)
As of the next business day after receipt, if received after 5:00 p.m.
d.
The burden of proof of the place and time of delivery is upon the Party giving the Notice;
and
e.
Digitalized signatures and copies of signatures will have the same effect as original signatures.
13.2
Representatives.
a.
Contractor. Contractor's representative (the "Contractor's Representative") authorized to
act on Contractor's behalf with respect to the Project, and his or her address for Notice
delivery is:
Custom Holiday Lights, LLC
c/o Chad Shimek
15855 N Greenway Hayden Loop, Ste 130
Scottsdale, AZ 85260

b.
City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:

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City of Glendale
c/o Shoalynn Gilliland
5850 W Glendale Ave
Glendale, Arizona 85301
(623) 930-2863

With required copy to:

City Manager

City Attorney
City of Glendale

City of Glendale
5850 West Glendale Avenue

5850 West Glendale Avenue
Glendale, Arizona 85301
Glendale, Arizona 85301
c.
Concurrent Notices.
(1)
All notices to City's representative must be given concurrently to City Manager and
City Attorney.
(2)
A notice will not be deemed to have been received by City's representative until the
time that it has also been received by City Manager and City Attorney.
(3)
City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Contractor identifying the designee(s) and their
respective addresses for notices.
d.
Changes. Contractor or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.
14.
Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-profit
corporation or other entity whose primary purpose is to own or manage the Project.
15.
Entire Agreement; Survival; Counterparts; Signatures.
15.1
Integration. This Agreement contains, except as stated below, the entire agreement between City
and Contractor and supersedes all prior conversations and negotiations between the parties regarding
the Project or this Agreement.
a.
Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b.
Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
c.
The solicitation, any addendums and the response submitted by the Contractor are
incorporated into this Agreement as if attached hereto. Any Contractor response modifies
the original solicitation as stated. Inconsistencies between the solicitation, any addendums
and the response or any excerpts attached as Exhibit A and this Agreement will be resolved
by the terms and conditions stated in this Agreement.
15.2
Interpretation.
a.
The parties fairly negotiated the Agreement's provisions to the extent they believed necessary
and with the legal representation they deemed appropriate.
b.
The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
c.
The Agreement will be interpreted in accordance with the laws of the State of Arizona.

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15.3
Survival. Except as specifically provided otherwise in this Agreement, each warranty, representation,
indemnification and hold harmless provision, insurance requirement, and every other right, remedy
and responsibility of a Party, will survive completion of the Project, or the earlier termination of this
Agreement.
15.4
Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Any amendment may be subject to City Council approval. Electronic signature blocks
do not constitute execution.
15.5
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
15.6
Severability. If any provision of this Agreement is voided or found unenforceable, that determination
will not affect the validity of the other provisions, and the voided or unenforceable provision will be
deemed reformed to conform to applicable law.
15.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
16.
Term.

16.1
Extensions. The term of this Agreement commences upon the effective date and continues for a one
(1)-year initial period. The City may, at its option and with the approval of the Contractor, extend
the term of this Agreement an additional four (4) years, on an annual basis. Contractor will be notified
in writing by the City of its intent to extend the Agreement period at least thirty (30) calendar days
prior to the expiration of the original or any extension period. Price adjustments will only be reviewed
prior to the extension period and any such price adjustment will be a determining factor for any
renewal. There are no automatic extensions or renewals of this Agreement.

16.2
Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including

the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a

month-to-month basis for a maximum of six (6) months to allow for the City to complete its

procurement process to select a vendor to provide the services/materials similar to those provided

under this Agreement. The City will notify the Contractor in writing of its intent to extend the

Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension

provided under this subsection will continue under the same terms and conditions as in effect

immediately prior to the expiration of the then-current term.
17.
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
18.
Cooperative Use of Contract. This agreement may be extended for use by other governmental agencies
and political subdivisions of the State. Any such usage by other entities must be in accord with the ordinances,
charter, rules and regulations of the respective entity and the approval of the Contractor and City. For a list
of SAVE members, click on the following link: http://www.mesaaz.gov/business/purchasing/save
19.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A
Project
Exhibit B
Compensation

(Signatures appear on the following page.)

EXHIBIT A
Holiday Lighting Displays - Design, Maintenance and Removal
RFP 24-46
PROJECT

See attached Scope of Work.

City of Glendale
Solicitation Number: RFP 24-46 / 42400062
HOLIDAY LIGHTING DISPLAYS – DESIGN,
MAINTENANCE AND REMOVAL

CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302

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rev. 12.11.2020

1.
INTRODUCTION

The City of Glendale is seeking a Contractor to provide unique holiday lighting displays
throughout Downtown Glendale in specified areas, as identified by the City. The Contractor
shall design, install, maintain, and remove lighting and décor. Contractor shall also store
lighting and décor during the off-season.

2.
OBJECTIVES

The City desires a qualified vendor to create a unique holiday lighting display throughout
Downtown Glendale that produces a free community destination and marketable tourist
attraction. This display will highlight specified areas in Downtown Glendale within the 16
square block radius with lights, greenery, décor, immersive experiences, and unique, large
featured items. The footprint of the lighting display may be revised by the City at any time
during the contract.

3.
SCOPE OF WORK

The map shown in Attachment A of this RFP identifies three areas to be decorated. Depending
on City Council’s annually approved budget, the City shall make the final determination on the
specific areas to be decorated and what elements will be included.

AREA ONE
- The Glendale Civic Center outdoor space along with the parking lot on 57th Avenue,
North of Glenn Dr. This area is outlined in yellow and includes trees, walls, grass,
pavement, light poles and street poles.
o This will be the focal point of the Holiday Light Display.
o It will include at least 6 featured items, walk-through items, lights and décor
in the trees, greenery, 30’ Christmas tree (owned by the City and decorated
and maintained by client) and at least one immersive element.
o There is ground and roof power available.

AREA TWO
- Historic Catlin Court and surrounding streets, identified on the map with red lines
o These streets will minimally include wrapped tree trunks.
o Potentially, it will include greenery, immersive elements, and large features.
o There is only ground level power available.

AREA THREE
- The alleyways marked by green dashed lines on the map will be activated.
o This can include but is not limited to lights, projectors, hanging items, and
immersive elements.
o There is only ground level power available.

City of Glendale
Solicitation Number: RFP 24-46 / 42400062
HOLIDAY LIGHTING DISPLAYS – DESIGN,
MAINTENANCE AND REMOVAL

CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302

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rev. 12.11.2020

OTHER POSSIBLE OPTIONS
- The City, at its option, may include additional areas including but not limited to:
Street Poles, Light Poles and overhang banners.

DESIGN CONCEPTS
Contractor should have design concepts to the City at least 90 days prior to installation.
These should be unique and varied year to year. Concepts should include pricing,
requirements, and photos.

INSTALLATION
Lighting and all décor should be fully operable and tested by at least one week prior to
the agreed upon date of the kickoff event.

A minimum of two walk-throughs with City staff and the contractor will be scheduled
during the month prior to kickoff.

Contractor will have sufficient staff onsite during the kickoff event to assist in the initial
display lighting.

The City has a “no climb” policy for trees. The cost for aerial trucks and other necessary
equipment for installation shall be included in labor costs provided on the price sheet.

The City will be responsible for any tree trimming needed. Contractor shall under no
circumstances, trim or alter the trees in any way. The City will provide a trimming
schedule at least 30 days prior to installation.

Contractor shall provide a full installation schedule at least 30 days prior to the
beginning of installation.

Contractor must adhere to the City’s barricade ordinance.

MAINTENANCE
Contractor is responsible for all related maintenance to ensure the full display is
operating as intended throughout the duration of the agreed upon dates that the display
will be turned on. The display will be turned on via timers each day between 5:00pm-
10:00pm, unless otherwise directed.

Contractor must have service personnel within 50 miles of the site to be able to
guarantee next day service when maintenance is needed. Contractor must respond and
be on site within 24 hours of a service call. Contractor’s next day service to repair or
replace is required due to but not limited to vandalism, weather or other acts of God,
from the first day of installation and throughout the duration that the display is active.

Labor charges shall be included in the proposal price for all work.

City of Glendale
Solicitation Number: RFP 24-46 / 42400062
HOLIDAY LIGHTING DISPLAYS – DESIGN,
MAINTENANCE AND REMOVAL

CITY OF GLENDALE
Procurement Division
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302

5
rev. 12.11.2020

The City shall pay the cost necessary to replace lights, decorations and extension cords
due to vandalism at the cost indicated on price sheet. Contractor shall replace or repair
lights and decorations at no cost to the City for items that contain a manufacturer
defect or that were improperly installed. Contractor shall be reimbursed for
replacement lights and cords only. The Contractor shall not charge labor or equipment
costs for repair and replacement. Labor costs shall be included as part of the
Contractor’s price sheet.

REMOVAL AND STORAGE
Contractor shall begin removal of light display no later than the third Monday of
January, unless otherwise agreed upon. Contractor must complete the removal by the
end of February, unless otherwise agreed upon. Contractor is responsible for removal
of any debris.

Contractor is responsible for storing and transporting lights and decorations during the
off-season.

PURCHASE OF LIGHTS & DECORATIONS
Lights shall be indoor/outdoor UL listed, with standard UL rating. Wire fastening
systems shall be plastic wire wrapping or an approved alternate. All lights and fastening
systems must be removed annually to prevent girding of trees.

Lighting should be LED professional grade and should be UL Outdoor Rated with a 6”
spacing minimum.

Contractor shall price the purchase of items during design development. Nothing
should be purchased without written agreement from the Special Events Administrator.
Labor pricing for installation, maintenance, removal and transport to storage facility at
the end of the season will be located on the price sheet.

PAYMENT SCHEDULE
25% Deposit - Due as installation commences
50% Progress Payment due after installation is complete
25% Removal Payment due after lights and décor are removed

4.
TERM
The term of the resultant contract shall be for a one (1) year initial term. The City may,
at its option and upon mutual agreement with the Contractor(s), extend the term of
this agreement for an additional one (1) year.

5.
OPTION TO EXTEND

Based on satisfactory Contractor performance, the City, may at its option and upon
mutual agreement with the Contractor, extend the term of this agreement for an
additional one (1) year renewable on an annual basis. Contractor shall be notified in
writing by the City Materials Manager of the City's intention to extend the contract

EXHIBIT B
Holiday Lighting Displays - Design, Maintenance and Removal
RFP 24-46
COMPENSATION

METHOD AND AMOUNT OF COMPENSATION
Compensation shall be paid per section 5.2 Payment.
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the Project during
the entire term of the Project must not exceed $700,000.
DETAILED PROJECT COMPENSATION
Per the attached price sheet .

City of Glendale
Solicitation Number: RFP 24-46
BEST AND FINAL OFFER
HOLIDAY LIGHTING DISPLAYS – DESIGN,
MAINTENANCE AND REMOVAL
PRICING WORKBOOK
CITY OF GLENDALE
Procurement Department
5970 West Brown Street,
Suite 210
Glendale, Arizona 85302

PRICING/COST WORKBOOK

Contractor must complete the Pricing Schedule below. Any items not clearly listed on
Contractor’s submitted price proposal will be considered included in Contractor’s price
at no additional cost to the City. All pricing should contemplate compliance with the
performance requirements as specified in the Scope of Work.

Instructions:
a.
The cost proposal must be submitted separately from the rest of the written
proposal.
b.
Cost proposals shall be quoted as an all-inclusive fixed fee for services.
c.
All inclusive – covers all direct and indirect necessary expenses including but not
limited to: travel, telephone, copying, and other out-of-pocket expenses.
d.
Not to Exceed – The actual fees shall not exceed the amount specified in fee
proposal.

PRICE SCHEDULE

Unit Price represents the price of the whole project which includes, but is not limited to,
labor, equipment, materials (lights, decorations and extension cords should be included),
travel, shipping, licenses, fees, insurance, and any other associated direct or indirect
costs. Sales taxes should not be included in the unit prices.
Labor charges shall be included in the proposal price for all work. Work shall include
twice-weekly inspection and repair or replacement of lights as necessary, as well as
emergency callout service to repair any damaged or vandalized lights or fix any timer
issues.

Item
No.

Description
Total Annual
Amount

1.
Annual pricing for Holiday Lighting Displays for Area One, Area Two
and Area Three for design, installation, maintenance, removal and
storage for holiday lights, City owned Christmas Tree and
decorations and lighted décor features for Downtown Glendale
Holiday Light Display as per Specifications. (NOTE: Lease of
Lights, decorations and extension cords should be included)

$286,225.75

Contractor shall provide description of everything included in
Item No. 1 as part of Question 2.2 in the Response Workbook.

Total Amount Item No. 1.

$286,225.75

AL LA CARTE (These items will not be evaluated in the total pricing)

Item
No.
Replacement Items (Due to Vandalism)
Amount
Per Item
2.
Mini LED Lights
$15.95
3.
LED C-9 Lights
$1.50
4.
Extension Cord, 10 ft.
$10.95
5.
Extension Cord, 25 ft.
$15.95
6.
Extension Cord, 50 ft.
$18.95
7.
Extension Cord, 100 ft.
$49.95
8.
Other Items TIMERS
$16.95

Additional Leased Display Options (Not indicated in Item No. 1)
Total
Annual
Amount

Large (10 feet or taller) Lighted Display Feature
Please describe the display feature SCAVENGER HUNT / CONTEST /
APP / GIFTS

$12,500

10.

Additional
Display
Options-
Please
describe
12'
LIT
LED
WALKTHROUGH PRESENT (LABOR INCLUDED)

$7,000

11.

Additional Display Options- Please describe (5) WALKTHROUGH LIT
LED CANDY CANE ARCHES (LABOR INCLUDED)

$7,500

12.

Additional Display Options- Please describe (4) PIECE LIT LED
SNOWMAN BAND (LABOR INCLUDED)

$9,600

13.

Additional Display Options- Please describe 12' LIT LED 3D WHITE
BEAR (LABOR INCLUDED)

$7,500

14.

Additional Display Options- Please describe (5) WALKTHROUGH LIT
LED SPIRAL ARCHES

$7,500

Description
Discount Off of
List/Catalog Price
Purchase of Catalog Holiday Light Displays

Discount Off of List/Catalog Price
(Offeror should include a link to the catalog which shows the list price
with their offer).

Catalog Name: : CARPENTER DECORATING
Publication Date: 2023 & 2024 CUSTOM HOLIDAY LIGHTS CATOLOG

10%

DISCOUNT/PAYMENT TERMS: The City standard is 2% 20 days

Comply:
YES NO X

If your answer is NO, please state terms offered: DUE UPON RECEIPT %

PAYMENT Contractor shall provide monthly statements of itemized services. Payment
will be reviewed and approved by the Contract Administrator or designee. The itemized
statement shall not exceed the proposal fee in this Section.

TAX AMOUNT Do not include any use tax or federal tax in your proposal.

OFFEROR NAME: CUSTOM HOLIDAY LIGHTS, LLC