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Item 9B - Final
9B-1 MEMORANDUM June 12, 2017 To: Shana K. Yelverton, City Manager From: Jenni Lanier, Community Relations Manager Subject: Approve lease agreement for holiday decorations and installation services with Christmas By Zenith for Southlake Town Square and DPS Headquarters for an amount not to exceed $136,850 Action Requested: City Council approval of a lease agreement with Christmas By Zenith for holiday decorations and installation services for Southlake Town Square and DPS Headquarters in an amount not to exceed $136,850. Background Information: Since completion of Town Square in 1999, the City has contracted holiday decorations for Southlake Town Hall and the public areas in Town Square. The current contract with The Christmas Light Guy expired in June 2017. Requests for Proposals were advertised in compliance with State laws and City purchasing procedures. The City and Retail Properties of America (RPAI) decided to go out for bids together to establish one contract for all holiday decorations in Town Square. This process provides a consistent and professional look for Christmas decorations in Town Square. Three (3) bids were received and Christmas By Zenith was selected by the bid review panel in the amount of $136,850 for both City areas ($58,250) and RPAI areas ($78,600). The scope of services for City areas includes the same lighting and decoration services from previous years, as well as the addition of holiday lights and decor to DPS Headquarters and lighting enhancements to Family Park. There was also an increase in the base contract when bid due to new lease pricing that will provide the City with new holiday lights and decor each year. The increase to the base contract, addition of holiday lights and decor to DPS Headquarters and lighting enhancements to Family Park amounts to a $25,250 increase 9B-2 to the proposed FY 2018 HOT Fund budget from the previous year. The City of Southlake will pay the full contract amount of $136,850 and enter into a Reimbursement Agreement with RPAI. RPAI will reimburse the City $78,600 for their portion of the contract and any other expenses that may occur in their areas. Christmas By Zenith is currently under contract to install holiday lights for The Marq Southlake. In addition, they have successfully provided holiday lighting services for Town Hall and Town Square periodically since the original contract for decorations and lighting was awarded in 1999. If approved, all lighting and decorations are to be installed by October 30th and removed by January 15tH Based on Christmas By Zenith's ability to provide the services requested, low bid price and their past experience with the City, staff recommends the lease agreement with Christmas By Zenith. Approval of the lease agreement will provide lighting and decorations that are extremely popular with citizens and visitors and provide an aesthetically pleasing backdrop for the City's holiday celebration and tree lighting, which is one of the City's most popular community events. A copy of the contract, with the full scope of services and costs, is included with the packet memo for your consideration. Financial Consideration: Funding in the amount of $58,250 for City holiday decorations and installation services is proposed in the FY 2018 Hotel Occupancy Tax budget. Funding for the lease agreement with Christmas By Zenith is contingent upon City Council approval of the proposed FY 2018 Budget in September. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management & Service Delivery and meets the corporate objectives to provide attractive & unique spaces for enjoyment of personal interests, enhance 9B-3 resident quality of life and business vitality through tourism, collaborate with select partners to implement service solutions and invest to provide and maintain high quality public assets. Citizen Input/ Board Review: City Council consideration June 20, 2017 Legal Review: City Attorney reviewed City's contract template. Alternatives: Alternatives may include: ■ City Council approve the agreement as submitted ■ City Council approve the agreement with modifications ■ City Council decision not to approve the agreement Supporting Documents: • Contract with Christmas By Zenith RFP#RFP1701 B540JL170003 • Email Agreement with RPAI Staff Recommendation: City Council approval of a lease agreement for holiday decorations and installation services with Christmas By Zenith for Southlake Town Square and DPS Headquarters for an amount not to exceed $136,850 9B-4 rxrtir CX SCUTE 19 May 31, 2017 Christmas by Zenith 3200 W. Bolt St. Fort Worth, Texas 76110 Attn: Erica Holman Subject: Award Notification for Holiday Lighting Services for City of Southlake Town Square RFP1701B540JL170003 Dear Ms. Holman: The City of Southlake is pleased to inform you that Christmas by Zenith of Fort Worth,Texas is the awarded vendor for"Holiday Lighting Services for City of Southlake Town Square RFP1701B540JL170003" The award and this agreement are based on your proposal to the City, copy enclosed. This is a single vendor award contract. Your company's award is attached.This award was approved by the City of Southlake City Council on The terms and conditions proposed and accepted in this agreement are as follows: Payment Terms: Net 30 days(Unless otherwise noted—such as pre-and/or partial payment) Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing the awarded items exclusively during the term of the contract from the successful vendors. Method of Payment: Shall be made by City procurement card or purchase order Delivery Terms: FOB Destination Delivery Locations: Vendor Delivery or City employee pick-up. Term of Contract: The term of awarded contract shall remain in effect for thirty six months from date of award and is eligible for up to two(2)one(1)year annual renewals. City Contact: Jenni Lanier 817-748-8186 Send all billing to: City of Southlake 1400 Main Street,Suite 440,Accounts Payable Southlake,TX 78092 or via email to accountspayable(a).ci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state,and local sales taxes. All other specifications,terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions. Sincerely, Tim Slifka, CPPO, CPPB Purchasing Manager City of Southlake 1400 Main Street, Suite 440 Southlake,Texas 76092 tsIifka(cDci.south lake.tx.us Attest: Lori Payne,TRMC Contract and Award Accepted: City Secretary Signed: Date: Approved as to Form and Legality: Mayor Laura Hill City of Southlake City Attorney 9B-5 BEST AND FINAL OFFER 5 - 31 - 2017 CHRISTMAS BY ZENITH Appendix B — Proposal Submittal Checklist: (To determine validity of proposal) _____;Appendix B(pages_18_through_34J must be included in[lie proposal submittal Appendix C Conflict of Interest Form(page 34_)must he included lit tine proposal submillai. Form 1295 Certificate of Interested Party must be included in the proposal submittal.See page 2. P nu i<b RFP170IB540JL170003 Frolect T>Itle. Holiday Lighting Services for City of Southlake Town Square Subrniital De�dlilie: ....::. . 3:00 P.M. (CST), THURSDAY APRIL 13, 2017 Submit �..:.: ;toWW .secremelero aliyx W Re:: uirpsm . ail. account login and asord.. . .. .. Pro Loser luformntiott. - Pro oscr's Legal Narne:.r Christmas By Zenith Adds ess 3200 West Bolt St. Ci ,state&Zip Fort Worth,TX 76110 Federal Employers IcleirEificatI-.—\uutber#; 26-4693983 4r y. ,� Ph onel�iurrtlier: $17-467-3620airNuhtliei '.K 214-754-OQ07 E-P►lail Ad(I ess' eh@christmasbyzenith.com - � . ` :;;Pronoser.Autltorization I,the undersigned,have_theauthority to execute this Proposal in its entirety as submitted and enter into`R contract Oil hehnIfof.tlte.Proposel. Printed Name aud.Posttion of AuWorized Represetttattve '.EriCa Holman 5tgnalure of Au#hanzed RepresenttaUvc � � � ;`5tgned taus 31 (day)of���r _ (tttonth), .2017 (year) : . ' I learned of thts Request for Proposals by the following means: ❑ Newspaper Advertisement 12 City E-mail Notification ❑ Soutlilake Website ❑ Cold Call to City ❑ Mailed Me a Copy ❑ Other ❑ Securel3id City of Southlake - RFP1701B540JL170003 - Page 18 of 35 9B-6 ]tent# Qttatttity _ _Descrt�ilon nfPrbcEtyelSlSer��ses UniE Cdst Extended Maintenance and Monitoring Area A & B per 98. Svc Scope of Services. $ Vendor Hourly Labor Rate for Additional 99. Per Hour Services not Included in Base Scope of Services $ 60.00 Vendor Discount Percentage Off Manufacturers 100. Discount List Price for Additional Lighting or Decorations. % 10 Lease Agreement per Scope of Services 101. Area A Initial Thirty Six 36Month Agreement $ 174,750.00 102. Area A First One 1 Year Renewal $ 58,250.00 103. Area A Second One 1 Year Renewal $ 68,250.00 104. Area B Initial Thirty Six 36Month Agreement $ 235,800.00 105, Area B First One 1 Year Renewal $ 78,600,00 106. Area B Second One 1 Year Renewal $ 78,600.00 Area A&B Initial Thirty Six (36) Month 107. Agreement $ 410,559.00 108. Area A&B First One 1 Year Renewal $136,650.00 109. Area A&B Second One 1 Year Renewal $136.850.00 Additional Vendor Charges.Please Describe: Additional Vendor Charges.Please Describe: City of SOUthlalce - RFP1701B540JL170003 - Page 26 of 35 9B-7 Appendix B — Proposal Suhntittal Checklist: (To determine validity of proposal) Appendix B(pngcs_18_through_34J must be included in the proposal submittal Appendix C Conflict of Interest rami(page 34_)must be included in the proposal submittal. Form 1295 Certificnte of Interested I'arly must be included ill the Pt•opasal submittal.See page 2. X911 �a� r Y stl�lisfit:���it�a liz � f.�,�,fits±`A(iIO-rx7',t4ljll�tir�]Litt:�t��it��t���;��f#�i�ftok1!_fwAl(oil)111-<'I44:Ml,' RFP Number: RrI P 1701B540JL170003 Project Title: Holiday Lighting Sezvices for City of Southlake Town Square Submittal Deadline: 3:00 P.M. (CST), THURSDAY APRIL 13, 2017 Submit electronically* to: www.securebidusa.coni Requires email account login and password. Proposer Information: Pro oser's Le al Narne: Address: J � �1 City State&Zi � Federal Employers C Identification Number # J "`] PlioneNumber: V I r 1t7` Fax Number: (� t E-Alail Address: Proposer Authorization 1,the undersigned,have the:au(hority to execute this Proposal in its entirety as submitted and enter illto a contract ort behalf of the Proposer. Printed Name and Position of Authorized Repr sentative: Signature of Authorized Representative: Signed this (day)of (nlollth),?4_1 (year) I learned of this Request fol-Proposnis by the following nmX eans:❑ Newspaper Advertisement City E-mail Notification Southlai:e Website ❑ Cold Call to City ❑ Mailed Me a Copy ❑ Other ❑ SecureBid City of SouthlAw - IZFP170IB540JL170003 - Page 18 of 35 9B-8 .c z-m xa a sWmc -M, s sax Z E N I T H Holiday Proposal Presented To: The City of Southlalce t: A"t"Y U F OUTHLAKE 1400 Main Street Ste.270 Southlake TX, 76092 9B-9 C T-tC -,n I G `r = Il S M E: ivaWH Why Christmas By Zenith Christmas by Zenith has designed premiere holiday lighting display themes for businesses, residences,and municipalities.Our innovative designers bring your holiday visions to life, and our professional staff has design experience ranging from simple traditional interiors to some of the largest regional displays and drive thru parks in the Southwest. Our Commercial Interior&Exterior Packages Include: Professional Designers:Our designers create unique eye-catching displays that meet your expectations and your budget.We offer several different programs that give our commercial clients the option to add and change the look of their message each season.We are experienced and large enough to handle any project, but small enough to customize to your needs. Trained Installation Crews:Our trained and insured installation crews use quality products and innovative "property-friendly"fasteners and adhesives to protect your property from damage. Christmas by Zenith has a Full OSHA Safety Program for all our Installers. Light Smart Maintenance Program:We check and maintain your decorations throughout the season to guarantee your Lighting Display looks outstanding all season long. Green Energy Lighting: Look great and save money—we use LED lights which are not only environmentally friendly,but use 90%less energy than regular lights. Takedown:At the end of the season we promptly start our Takedown Program.Our Takedown Procedure; Organizes, Protects and Packages all of your decorations to assure next season your design shines just as bright. Convenient Storage Service: Don't use your valuable storage space--we store all of your Christmas Decorations until the next Holiday Season, in our building that is insured, alarm monitored with surveillance cameras inside and out.WE STORE IT AND GUARANTEE THAT EVERYTHING WORKS NEXT SEASON.This is the Christmas by zenith Storage Guarantee! The Christmas Season is short, but an extremely important time of the year for our commercial customers.A poorly designed or installed Christmas display will never produce the outcome your company envisioned.Christmas by Zenith is known for its design and installation, but even more so,for our Light Smart Maintenance Program.A non-maintained display undercuts the message your company is trying to convey.Our Light Smart Maintenance Program is built around your needs.We can monitor your project frequently as you require.What you need is what you get.Christmas is a time to be "HAPPY"and Christmas by Zenith can deliver"HAPPY." 9B-10 References Cody Mayberry Dir. of Operations City of Keller 214-236-0953 Ronnie Washington Parks/Recreation City of Cedar Hill 469-853-3575 Community Activity Michael Davenport Manager City of Flower Mound 972-874-6279 Timothy Hamilton Dir.of Parks Recreation City of Duncanville 972-780-5072 Crystal Gray Senior Property Manager Cassidy Turley 214-452-7180 Chris Grba General Manager Arlington Highlands 817-466-7474 Lisa McKiel Senior Property Manager CBREJ UCR 469-232-3482 Jonathan Teat Vice President Dallas Baptist University 214.333.5128 Jim Windler Senior Property Manager Two Trees Management 972-450-8101 President of Alumni Southwestern Assemblies of Devin Ferguson Relations God University 972-825-4700 Gift of Lights rr Teas'Motor Dave Pakebusch Special Events Manager Speedway 817-215-8593 3200 W. Bolt St. Fort Worth,TX.76110 817-467-3620 Office 1214-754-0007 Fax i I 9B-11 I w \ / \ / k - 0 a)C) k j / rn c � § o E E f § % \ / $ G n / L OP C? m q % Ln e o & & & $ m R t k o e ± $ 2 0 _ \ \ m 0 / E / 2 = 2 x� J f 2 EEA 2 .� 0 b \ k q / / tLo c / (1) % ro / -0 CLI § « r R k 4- C _r_ G § H N & Lo o £ \ \ ° © " c / m ~ ° � o ° s m q / k � tin' / E # % 0 m @ LU # w k k -Fu \ Ln 0} 0 2 bb ® \ E 4- 41 % 0 2 Q @ CL s 0 0 m CL 0) $ / § J E w 1 . , 2 " CO m J - % / a -0 � o � 41 / 0 0 k 9B-12 O DATE(I.lhV0 D/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/15/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the policy(IBs)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Alf EACT Lily Mendoza PHONE (817)275-2626 FAX (617)275-2661 First Texas Insurance Services, LC ((VC,_NeEAIJL INC,No-_ E•M . AIL lil mendoza@firsttex.com 704 Highlander Blvd, Ste 350 ADDRESS. y' INSURER(S)AFFORDING COVERAGE NASC q Arlington TX 76015 INSURERA.United Fare & Casualty Company 13021 INSUREO INSURERB Texas Mutual Insurance Com an 22945 C3Z, LLC and Zenith Roofing Services, LLC IIISURERG: 3200 W. Bolt St INSURERD: INSURER E: Fort Worth TX 76110 INSURER F, COVERAGES CERTIFICATE NUMBER:16-17 toaster Cert REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 8R POLICY EFF POLICY E%P LIMITS LTR TYPE OF INSURANCE p POLICY NUMBER M1IM1IIODlYYYY h11.f160/YYYY X COMMERCIALGENERALLIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE D50,000 A CLAIMS4.IADE [i]OCCUR PRVASESfEaoccurrence 5 65320754 7/29/2016 7/29/2017 MEOEXP(Anyanepersdn) $ 10,000 PERSONAL&ADVINJURY S 1,000,000 GEN LAGGREGATELUAITAPPUESPER: GENERAL AGGREGATE $ 2,000,000 POLICY❑PRO ❑ Pfl00UCT5-COMPI6PAGG S 2.000,000 X JECT LOG Empayee Berw515 S 1,000,0001 i OTRER: AUTOMOBILE.LIABILITY (Ea aociIBIentj LE LRJrr S 1,000,000 X 1 ANY AUTO BODILY iNJURY(Perperson) 5 4 }` ALLO'A,ED SCHEDULED 85320154 7/29/2016 7/29/2917 BOOtLY INJURY(Perauldent} S f AUTOS AUTOS PROPERTY OAIMGE NION-01ANED S X HIREDAUTOS X AUTOS Perawdenl'_ S Underinsured mN.ortsl X UMBRELLALIAe X OCCUR FACHOCCURRENCE S 5 000 000 } A EXCESS LIAB C1AI?,1S.1,fADE 853207549 Follows Farm) 7/29/2036 7/29/2017 AGGREGATE S 5,0001-9-00- DED 001- 00DED F1 RETENTIONS WORKERS COMPENSATION X STATUTE ffF:RR AND EI.SPLOYERS'LIADIUTY Yrfl ANY PROPRIErOR/PARTNERIEXECU-nVE 171-EACH ACCIDENT S 1,000 000 OFFICERR.1EJdDEREXCIUDED7 �IIIA 0001215766 9/5/2016 9/5/2017 EL DISEASE-EA EMPLOYEE S 1,000,000 H (MandatoryIn NH) it yes,descnbe under E.L.DISEASE-POLICY LIMIT IS 1,000,000 ❑ESCRIPTION OF OPERATIONS WOW A Leased and Rented Equipment 85320754 7/29/2016 7/29/2017 Wit $75,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if male space is required) All entities named and requiring additional insured status in a written executed contract with named insured are included as additional insured with respects to general liability (for ongoing operations and completed operations on a primary & noncontributory basis) auto liability and umbrella liability with a Waiver of Subrogation(1408)in their favor. KOS applies to P7orkers compensation policy as long as there is a written executed contract with named Insured requiring the coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. II AUTHORI2EO REPRESENTATIVE I Jeff Jordan/Li ���'°�' ©1988-2014 ACORD CORPORATION. Ali rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(muoll 9B-13 Form ®9 Request for Taxpayer Give Form to the not {ney.December 2014) Identification NUrnber and Certification sand I S. Drpa lnlot of the Tieasury send to fife IRS. Internal Rsvenuo servo 1 [Jame(ns shovrrl on your income tax rolum).Name Is requ'red on this Ifrsa;do not leave this line blank. CHRISTMAS BY ZENITH,LLC 2 Business,name/dlsregarded entity mime.If diflereal from above N a r>t ° 3 Check eppropriato box lar federal lax clamilicafion;check only one of Iho following seven boxes: 4 s xempliorss{codes app y only to � certain an1111as,nos IndYtduais;sea o ❑ind'n4duauso!epropricloror ❑ cOmporation ❑SCorporatfon ❑ Partnership ❑Trustlastato Instfucllonsonpago3): m c single•membrrLLC Exempt payee coda(lany) ❑Q Umiledaabililycompany.Enterrholaxclossification(C=Ccorporallon,S=Scorporation,P=partnership)F o Note,For a single-member LLC that Is dsrogarded,do not check LLC:check the appropdalo box In the Ilne above for Exemption from FATCA reporting the tax classificallon of the st%io•member owner. code(if any) •� (/{p'rs Mrtts�was ntin�.i�.iv�LsW V.115) p, ❑Other(sea Instructions) 1 5 Address(number,street,end apt.or suite no.) Requesters name and address(optional) 3200 WEST BOLT ST m a City.state.arid ZI F code r�I FORT WORTH,TX 701110 7 Usl account numbers)here(oplionall Taxpayer Identification Number(TIN) Enter your TIN In Iho appropriate box.Ilia TIN provided must match the name given on line i to avoid Social security number backup withholding.sding.For individuals,this is generally your social security number(page However,r offora resident ellen,solo proprietor,or disregarded entity,are the fart I instructions on page S.For other entitles,it Is your employer Idoniilicalfon number(EIN).if you do not have a number,see Nov ioget a TIN on page 3, or Note.If the account is in more than one name,see the Instrildlons for fine i and the chart on page A for Employer Idenllf[cation number guidelines on whose number to enter. M26 — 4 G fl 3 8 FI 3 Certiiicatlon Under penalties of perjury,l certify that: 1. The number shown on this form Is my correct taxpayer Identificallon number(or I am craning for a number to be Issued to me);and 2. 1 am not subject to backup withholding because:(a)I Am exempt from backup vr)thheldfng,or(b)I have not been notined by the Internal Revenue Service(IHS)that 1 am subf act to backup wigsholdfng as a rosulI of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. l am a U.S.citizaa or other U.S,parson(defined below);and A.The FATCA code(s)entered on tills form(f any)Indicating that I am exempt from FATCA repelling Is corrocL f Cettilleatlan instructions.You must cross out Item 2 above If you have been noliffad by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax rolurn.For foal estate transactions,Item 2 does not apply.For mortgage Interest paid,acquisition or abandonmonl of secured property,cancellation of debt,contributions to an Individual retirement arrangement 0",and generally,payments other then interest and dividends,you are not required to sign the certification,but you must provide your correct TiN.See Ilia Instructions on page 3- 8ic9n Signal uro of 1 Here U.S.person► Baia 1, { General instructions •FormWa(home niodgagointerest),1096-E(studentloaninlerost),103a-T (tuition) Section references are to the Internal Revenue Code unless otIlON se noted. •Form 1099.0(canceled dobQ Fissure devefopmants.Information about dovolopmenls affecling Form W-0(such .Form 1099.A(acquisition or abandonment of secured p(operly) as leglslallon enacted aflervro release It)Is at I'1%4V frs.0ovlhv9. Use Form LV•9 only 11 you aro a U.S-person(Including a res!dent ellen),to Purpose of Form provide yourcorrect TIN. An(ndividual or entity(Form V1-9 requester)whe is required to file an informallon 11 you do fro!rclum Form IIV•9 Io the mqueslcr%Mh a TIN,you might be subjtcf velum vrith the IRS nwst obtain your correct taxpayer Idonl!Wllon number(TI IJ) fo backup s�rh)ra d.xl.See SYlral fs l ckup yr rhho d)n97 on page 9. Mich may ho your social security number(SW,IndiVdual taxpayer Idenlincalion By sign)ng the fired-out form,you: number(ITiN),adoption Impayeridentification number(AT1N),or employer 1.Cedify that the TIN you are 91Mn9 K correct(or you are waNng for a number Idonlillealion number(EIN),to report on an in!orniallon return the amount paid to to he Issued), rayou,or other amount re table on an Information iolum,Fxamplos of Information luras include,but are not limited to,the foilovring. 2.Cerlify that you are not sul4ecl to backup vAlihotding,or •Form t090-INT(inlerest earned or pa'd) 3.Claim exemption from backup vAillhoWing If you are a U.S.exempt payee.I I •Form 1099•>}N(dividends,Including those from stocks or mutual funds appibab.1%you aro also ccrtiiying that as a U.S.parson,your aRocabla sharp of ( ng ) any partnership Income from a U.S.funds or business is not subject to the •Form lo99-I.1190(various typos of Income,pd2es,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected Income,and •Form 1099.13(stock or mutual fund sales and certain other transactions by 4.Codify that FATCA coda(g)entered on this form(d any)Indicaling Ihat you aro brokers) exempt from the FATCA reporting,is correcl,See Mal Is FATCAreparling7 on •Form 1099•S(rxoceeds from real estate transactions) raga 2 for fud)ler Information. •Form 1099-K(merchant card and third party neivrork l(ansacllons) Cal.No.10231X Form W-9 Vlov.12-2014) 9B-14 5, References Proposer shalt provide four (4) references where Proposer has performed similar to or the samc types of services as described herein. reference#l: Client/Company Namc�-TCLZ,-\ OJC7 Lain Contact Nance: Contact Title: —k(!�0 V M barivi6fi Phonc:a I a- - 8�4- (002�� �ii�� f .Au"VO,( "-AO��m° , Date an�"dIs Scope of Work Provid d: ,,ry- -V" -; fi rp-c cam- r l n s jo btJ l it Reference#2: Client/Company Name: + O� CQr�J�j(e- Contact Name: Contact Title- Phoned ��f�O -tJ��� i mai : 1404 C! . AM MPVIIwS Date 11 -L I Scope Work idtlu i �4-r • 5 lYt S t� 2• I°`a`aje �e c�►- S. Le Lob 2, t,rc�s i /✓I�n.�cyr>'c� 5+1'1`�r Reference#3: Client/Company Naive: Contact Name: -f~ IFTLaeitilrbts Title: Nrsve, Phone: O- �-TU Email:C SI,r4* CO 0 Odptx Date and Scope of Work Provided: Grkf I�`s e ns o>Jef Cio IC U nl �i--t--5 l m,,J+Pllf- �e5. I, rOO li SIL San bl E) k, dins z.oZO ' �re.e . Reference#4: Client/Company Name: Contact Name: Contact Title: Phone: �, r ?J Emwil.COM w a) Ci. i� .Cd Date and Scope of Work Provided: p ata OL,n t s f tom,( �y V�2 r �O(L L.U G) MAh'l IIS S t1 s 4 L 3 C)-e+ Cif-t s��,o a,��( C9uln �S( f City of Southtake - RTP1701B540JI.170003 - Page 29 of 35 9B-15 Meet the Christmas by Zenith Team Erica Holman- Operations Director-Erica has been with Christmas by Zenith for over 5 years. She oversees the production, operations, scheduling, ordering, and answering all the questions for clients. As a director, she is always willing to go that "Extra Mile" to ensure every job is done correctly, on time, and make sure the clients are always happy. Reggie Jimenez-Job Superintendent- Reggie has been with Christmas by Zenith for over 10 years. You will see his smiling face at all of our projects, making sure everything gets done, to the clients' specifications, from start to finish. Allan Rodger-President- Allan started a commercial roofing business, Zenith Roofing Services, over 36 years ago. In an effort to help his roofing staff busy during the holidays, he began having them install lights on commercial buildings. Christmas by Zenith began over 20 years ago, and has become one of the largest commercial lighting companies in Texas. Monica McCue-Marketing Director- Monica has been with Christmas by Zenith for over 6 years. She has over 20 years' experience in marketing, and is always eager to help make sure all clients' needs are met. She also oversees the largest drive thru Light Park in Texas, Gift of Lights at Texas Motor Speedway. We all look forward to making Southlake Town Square a Christmas Wonderland and brighten the holidays for everyone! i i 9B-16 r: arc �c a* IVA Z" EF, o-T. -ie- MW irMW Y T X- Extended Item# Quanity Description of Products/Services Unit Cost Price Area A Al: Central Park 10 Crape Myrtles-Wrap main arteries with a minimum 1. 10 Trees of 400 white mini lights per tree 196.56 $1,956.56 10 Trees-Wrap main arteries with a minimum of 800 2. 10 Trees white main lights per tree $393.12 $3,931.20 3. 7 Poles 7 Light Poles-Install outdoor red bows 59.15 $414.05 1 Fence-Install estimated 16' Lighted Garland with $15.00/per 9' 4. 1 Fence white mini lights around the base panel and fence piece $245.70 Sub-Total Central Park $6,556.55 A2: 1709 Medians l 18 Trees along the median-Wrap main arteries with a 5 18 Trees minimum of Soo white mini lights per tree. $393.12 $7,076.16 Sub-Total 1709 Medians $7,076.16 A3: Rustin Pavilion Install white mini lights lighted garland swagged on 6 1 Svc, railing all around $137 14 Trees-Wrap main arteries with a minimum of 800 7 14 Trees mini lights per tree 393.12 $5,503.68 Install fled and Green Up Lights for trees 8 2 Trees n/a n/a 20 Light Poles surrounding pavilion-Install outdoor red 9 20 Poles 18" bows. 59.151 $1,183.00 9B-17 Sub-Total Rustin Pavilion $6,823.18 A4: Family Park 12 Trees-Wrap to the tip with every branch tightly wrapped from top to bottom main arteries with 1600 10 12 Trees minimum white mini lights per tree. 768.24 $9,434.88 16 Holly Trees-Wrap main arteries with a minimum of 11 16 Trees 600 white mini lights per tree. $294.84 $4,717.44 24 Trees on the perimeter of the park-Wrap main arteries with a minimum of 800 white mini lights per 12 24 trees tree. 393.12 $9,434.88 13 20 Poles 20 Light Poles within park-install 18" outdoor red bows 59.15 $1,183.00 Fence surrounding Christmas Tree-Install 16'white mini 14 1 Fence lights lighted garland around base panel and fence. $655.20 Sub-Total Family Park $25,425.40 A5: Town Hall Building Install parapet lighting on lower level on four sides of 15 1 Svc the buliding with LED C-9 lights $2,668.56 Install white mini lights icicle lights on upper metal roof 16 1 Svc. on all four sides of $2,707.25 Install white mini lights garland swagged on four 17 1 Svc, columns at entrance $273.00 Install white mini lights lighted garland swagged on the 18 1 Svc. upper balcony railing. $81.90 Install wreaths and garland pre-lit-with white mini lights swagged on four small balconies on the front and rear of the building. Install wreaths on 4 small balconies 19 1 Svc. on the front and back of building. $3,458.00 Install white mini lights on second floor arched windows 20 1 Svc. and window detail on southside of building. $245.70 20 Light poles surrounding building-Install 18"outdoor 21 20 Poles red bows $1,183.00 9B-18 Sub-Total Town Hall $10,617.41 A6: Designated Tree Wells in Town Hall Area 44 trees on sidewalk-Wrap main arteries with a 22 44 Trees minimum of 1600 white mini lights per tree. 786.24 $34,594.56 Sub-Total Tree Wells in Town Hall Area $34,594.56 A7:Tree Wells along Plaza/Grand Ave. Area 67 trees on sidewalks-Wrap main arteries with a 23 67 Trees minimum of 800 white mini lights per tree. $393.12 $26,339.04 Sub-Total Tree Wells along Plaza/Grand Ave. Area $26,339.04 A8: Frank Cornish IV Park 12 Trees in center of Prank Cornish Park-Wrap main arteries with a minimum of 1600 white mini lights per 24 12 Trees tree. 768.24 $9,218.88 Sub-Total Frank Cornish IV Park $9,218.88 A9: Southlake DPS Headquarters Wrap the main arteries on an estimated 23 trees with 25 23 Trees white mini lights 147.42 $3,390.66 Install C9 lights to the entire perimater(360 degrees)of the DPS Headquarters building, including all levels of 26 Svc roof line. $9,811.85 Sub-Total Southlake DPS Headquarters $13,202.51 Total Cost Area A 1 $139,853.69 9B-19 Quanity Description of Products/Services Unit Cost Extended Item# Price Area B FM 1709 Tree Lighting Per Scope of Services 27 55 Trees FM 1709 Trees $393.00 $21,615.00 Main Street Tree Lighting Per Scope of Services 28 42 Trees Main Street Trees $393.00 $16,506.00 Civic Place Tree Lighting per Scope of Services 29 9 Trees Civic Place Trees $295.00 $2,655.00 Prospect Tree Lighting per Scope of Services 30 12 Trees Prospect Trees $295.00 $3,540.00 State Street Lighting per Scope of Services 31 16 Trees State Street Trees $246.00 $3,936.00 Miscellaneous Tree Lighting per Scope of Services 32 10 Trees Miscellaneous Trees $246.00 $2,460.00 Item 1 Install Roofline C9 Lighting per Scope of Services 33 Each B1 $2,184.91 34 Eacli B2 1 $2,595.09 35 Eacli 1133 $2,475.20 9B-20 36 Each 64 $2,417.18 37 Each B5 $4,060.87 Extended Quanity Description of Products/Services Unit Cost Price j38 Each B6 $1,933.75 39 Each B7 $2,900.62 40 Each B8 $1,799.05 41 Each B9 $3,906.17 42 Each B10 $1,585.67 43 Each B11 $2,436.52 44 Each B12 $1,663.02 45 Each B13 $3,055.32 46 Each B14 $4,122.75 47 Each B15 $3,558.10 48 Each B16 $2,552.55 49 Each B17 $2,475.20 50 Each B18 $1,547.00 51 Each B19 $2,591,22 52 Each B20 $2,358.72 53 Each 1321 $2,011.10 54 Each B22 $1,856.40 55 Each 823 $2,436.07 56 Each B24 $2,552.55 57 Each 825 $3,751.47 58 Each B26 $4,041.53 9B-21 59 Each B27 $3,248.70 60 Each B28 $2,145.78 Extended Item 0 Quanity Description of Products/Services Unit Cost Price 61 Each B29 $2,552.55 fit Each B30 $2,359.17 63 Each B31 $1,895.07 64 Each B32 $2,417.18 65 Each B33 $1,353.62 66 Each B34 $2,823.27 67 Each B35 $1,624.35 68 Each B36 $1,740.37 69 Each B37 $1,237.60 70 Each 838 $1,314.95 Item 2 Install C9 Colored Lights per Scope of Services 71 Each 135 $4,060.87 72 Each B9 $3,906.17 73 Each 1311 $2,918.47 74 Each B14 $4,122.75 75 Each B26 $4,041.53 Item 3 Install Icicle Lights on Town Square Buildings per Scope of Services 76 Each B2 $2,595.09 77 Each B5 $4,060.87 9B-22 78 Each B14 $4,099.55 Item# Quanity Description of Products/Services Unit Cost Extended Price Item 4 Install Mini Lights on Town Square Buy ing Windows per Scope of Services 79 Each B2 $98.28 80 Each B3 $122.85 81 Each B5 $147.42 82 Each B15 $147.42 83 Each B16 $184.27 84 Each B17 $98.28 85 Each B23 $98.28 86 Each B25 $73.71 87 Each B26 $73.71 88 Each B29 $98.28 89 Each B30 $98.28 Town Square Decorations Item 1 Install wreaths Per Scope of Services All Buildings as Required 90 61 All Wreaths per Scope of Services $10,669.75 Item 2 Install Lighted garland per Scope of Services 91 Per Svc All Lit Garland per Scope of Services $2,675.40 Item 3 Install Cable Garland per Scope of Services 92 1 Per Svc JAII Cable Garland per Scope of Services 1 $509.60 9B-23 TOTAL COST AREA B $189,193.47 Item# Quanity Description of Products/Services Unit Cost Exttei deed Pr Removal and Storage Services Removal and Storage Services Area A Please describe storage services: 93 Svc $inc. Removal and Storage Services Area B Please describe storage services: 94 Svc $inc. Removal and Storage Services Area A&B Please describe storage services: 95 Svc $ inc. Maintenance and Monitoring Maintenance and monitoring per Scope of Services Area 96 Svc A $inc. Maintenance and monitoring per Scope of Services Area 97 Svc B $inc. Maintenance and monitoring per Scope of Services Area 98 Svc A&B $Inc. Vendor Hourly Labor rate for Additional Services not 99 Svc Included in Base Scope of Services. $85.00 Vendor Discount Percentage Off Manufactureres List 100 Discount Price for Addiitional Decorations 0% 9B-24 Quanity Description of Products/services unit Cost Extended Item it Price Lease Agreement per Scope of Services 101 Area A Initial Thirty-Six(36) Month Agreement $58,250.00 102 Area A First One (1)Year Renewal $58,250.00 103 Area A Second One(1)Year Renewal $58,250.00 104 Area B Initial Thirty-Six(36) Month Agreement $78,600.00 105 Area B First One (1)Year Renewal $78,600.00 106 Area B Second One (1)Year Renewal $78,600.00 107 Area A& B Initial Thirty-Six(36) Month Agreement $136,850.00 108 Area A& B First One(1)Year Renewal $136,850.00 109 Area A&B Second One(1)Year Renewal $136,850.00 Additional Vendor Charges. Please Describe: 110 $0 Additional Vendor Charges. Please Describe: 111 $0 9B-25 ' 3. Terns of Contract and Option to Extend—Installation and Storage Services Owned Equipment Any contract resulting from this RFP shall be effective for t►yelye niontlis from date of award. The City anticipates that contract shall he renewed pursuant to the availability of fluids and at the discretion of the City. The following clauses shall be included in the contract: A. Option Clause: It is agreed that City will have the option to extend the contract for tip to four(4) additional years,in one-year intervals. To exercise this option, the City shall serve notice 30 days prior to contract termination or to the end of any one-year extension.The Option to Extend will not be considered if funding is unavailable or if the contractor's past performance is not within the industry standard. B. Escalation Clause; Should market conditions prevail which dictate all increase, the successfiul contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement.Escalation may only occur at tine time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for (lie purpose of accommodating an increase in the contractor's cost,not profits. Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised. The percent quoted will be a maximum. In addition,the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be(lie price factor considered in the evaluation of(his quote.Quotes in which negative or no escalation is shown will be considered as 0%escalation. C. Price increases Upon Extension: If approved by the City, file Contractor shall modify the rates charged by the Contractor to reflect ally changes shown in the comparative statement delivered to (lie City. The maximum increase allowed under this provision shall be four percent(4%)per year. Tile City shall have authority, in its reasonable discretion, to determine tiie validity of any change in Contractor's rates. City cannot exercise the Option to Extend with any price increases unless the Vendor completes the section of tine Quote requesting anticipated percentage of annual escalation. First Additional Year(FY 2017-2018)Escalation................... ___0_° Second Additional Year(FY 2018-2019) lscalation......................................... v % Third Additional Year(FY 2019-2020) Escalation................ ...................... Fourth Additional Year(FY 2020-2021)Escalation.................................... Terni of Contract and Option to Extend—Lease Agreement Only Any lease contract resulting from this RFP shall be effective for thirty six mouths from date of award. The City anticipates that contract shall be renewed pursuant to the availability of fluids and at the discretion of the City. Tile following clauses shall be included in the contract: A. O itio� n Clause: it is agreed that City will have the option to extend the contract for up to two(2) additional years, in one-year intervals. To exercise this option, the City shall serve notice 30 days prior to contract termination or to the end of any one-year extension.Tlie Option to Extend will not be considered if handing is unavailable or if(lie contractor's past performance is not within the industry standard.Pricing for additional years shall be listed in Schedule of Pricing. (6- k City of Southlake - RF'P170IB5403LI70003 - Page 27 of 35 9B-26 9. Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFB from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that goverrunental entity. The City will not be responsible for another governmental entity's debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the RFB specifications. Prior to other governmental entities placing orders,the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement withthe ity. C- Yes, Others can purchase [ ] No, Only the City can purchase 11. CONTRACT TERMS AND CONDITIONS. EXCEPT 1f HERE PROPOS-rR MAKES SPECIFIC EXCEPTION IN TIIE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER HEREBY ACKNOUTEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A PROPOSAL: 1. Delivery of Products and/or Services A. Payment Terns: Unless otherwise specified in the Scope of Services or othenvise agreed to in writing by the City,payment terms for the City are Net 30 days upon receipt of invoice. S. Warranty of Products and Services:All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal,to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services,and all services performed shall be warranted to be of a good and workmanlike duality,in addition to,and not in lieu of,any other express written Nvarrantics provided. C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer, who agrees to pay such costs within ten days of invoice. D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any,the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods,has tested the system,and determined that it is in good and acceptable working order. 2, Miscellaneous A. Independent Contractor: Proposer agrees that Proposer and Proposer's employees and agents have no employer-employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the assigner of liability in the event of default by the assignee. i City of Sonthiafce - RFI'170IB5401,170003 - Page 31 of 35 9B-27 i 4. Proposer's Experience/Staff A. Project Team: Identify all members of the Proposer's team (including both team members and management) who will be providing any services proposed and include information which details their experience. B. Removal or Replacement of Staff.If an assigned staff person must be removed or replaced for any reason,the replacement person must be approved by City prior to joining the project. C. Business Establishment: State the number of years the Proposer's business has been established and operating, if Proposer's business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses 01- changed rchanged the legal status or form of the business within the Iasi five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present,must be provided; n n Stat the number of years' experience the business has: f 1 ; and the number of employees: -I V _ D. Project Related Ex ericnce: All Proposals must include detailed information that details the Proposer's experience and expertise in providing [lie requested services that demonstrates the Proposer's ability to logically plan and complete the requested project. Cite of Soutblake - RFP1701B540JL170003 - Page 28 of 35 9B-28 C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by Proposer or Proposer's vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or otherwise,were offered or given by the successful Proposer, or its agent or representative, to any City officer,employee or elected representative, with respect to this RFP or any contract with the City,and that if any such bribe is found to have been made this shall be grounds for voiding of the contract E. Financial Participation: Proposer certifies that it has not received compensation from the City to participate in preparing the specifications or RFT on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. F. Required Licenses: Proposer certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein. G. A-uthori1y to Submit Proposal and Enter Contract: The person signing on behalf of Proposer certifies that the signer has authority to submit the Proposal on behalf of tite Proposer and to bind the Proposer to any resulting contract. H. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. 3. Financial Responsibility Provisions A. Insurance: The Proposer, consistent with its statrrs as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies,and in such amounts(unless otherwise specified)as City may require: i. Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, interest of Employees as additional insureds, and Broad Form General Liability Endorsements,for at least One Million Dollars($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000)Combined Single Limit Bodily Injury and Properly Damage. B. Indemnification: Proposer agrees to defend, indenmify and hold harmless the Cih', all of its officers, Council nrembers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilitles, including reasonable attorneys' fees, court costs and related expenses,arising out of,connected with,or resulting from any acts or omissions of Proposer or any agent, employee,subcontractor, or supplier of Proposer in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. I I I City of Sorrthlake - IZFP170IB540JL170003 - Pare 32 of 35 9B-29 Appendix C — Form CIQ INFORMATION REGARDING VENDOR CONFt,IC'l' OT IN'I'EIiES'1'_OU1:S1IONNAII3L WHO: The following persons must file a Conflict of Interest Questionnaire with the City if the person has an employment or business relationship with an officer of the City that results in taxable income excecding S2,500 during the preceding twelve— month period,or an officer or a member of the officer's family has accepted gifts with an aggregate value of more than$250 during the previous twelve—nlontll period and the person engages in any of the following actions: 1. contracts or seeks to contract for(lie sale or purchase of property, goods or services with the City, including any of the following: a. written and implied contracts,utility purchases,purchase orders, credit card purchases and any purchase of goods and services by the City; b. contracts for the purchase or sale of real property,personal property including an auction of properly; c, tax abatement and economic developmentagreernents; 2, submits a bid to sell goods or services,or responds to a request for proposal for services; 3, enters into negotiations with the City for a contract,or 4. applies for a tax abatement and/or economic development incentive that will result in a contract with the City THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY: I. Mayor and City Council Members; 2. City Manager; 3. Board and Commission nnennbers and appointed inembers by the Mayor and City Council; 4. Directors of 4A and 4B development corporations; 5. The executive directors or managers of 4A and 4B development corporations;and G. Directors of the City of Soutlilake who have authority to sign contracts on behalf of(lie City. EXCLUSIONS: A questioninaire statement need not be filed if the nioncy paid to a local government official was a political contribution,a gill to a member of the officer's family from a family member;a contract or purchase of less than$2,500 ora transaction at a price and subject to terins available to the public;a payment for food,lodging, transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency. WHAT: A person or business that contracts with the City or who seeks to contract with the City must file a "Conflict of Interest Questionnaire"(FORM CIQ)which is available online at www.ethics.state.Mais and a copy of which is attached to this guideline.The forni contains mandatory disclosures regarding"employment or business relationships" with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire. WHEN:The person or business must file: 1. the questionnaire—no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality,or submits an application, responds to a request for proposals or bids,correspondence,or other writing related to a potential contract or agreement with the City;and 2, an updated questionnaire—within seven days after the date of an event that would make a filed questionnaire incomplete or inaccuratc. It does not matter if the submittal of a bid or proposal results in a contract.The statute requires a vendor to file a FORM CIQ at the time a proposal is submitted or negotiations continence. WHERE: The vendor or potential vendor must mail or deliver a completed questionnaire to the Finance Department. The Finance Department is reputed 6p Ian- to]post the state»rents on the Ciip's website. ENFORCEMENT: Failure to file a questionnaire is a Class C misdorntcanorpunishable by a fine not to exceed $500. It is an exception to prosecution that the person files a FORM CIQ not later than seven business clays after the person received notice of a violation. NOTE.The City does not have a ditty to ensure that a person filesa.Conflict of Interest Questionnaire. City of Southlake - RFP1701I3540JI.170003 - Page 33 of 35 9B-30 CONFLICT OF INTEREST QUESTIONNAIRE FORM For vendor or other person doing business with local governmental entity This questionnaire reflects changes mane to the law by H.H. 1491, Seth Leg.. Reguklr Session. OFFICE-USEONLY This questionnaire Is being filed In accordance will)Chapter 176,Local Government Code pa,,Recei ed by a personvvho has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person)leets requirements under Section i76.006(a). By law this questionnaire must be filed with the records administratorof the local governmental entity not later than the 71h business day afterthe date the person becomes aware of facts that require the stalement to be filed. See Section 176.006,Local Government Code. A person commits an offense If the person knowingly violates Section 176.006, Local Government Code.An offense under this section Is a Class C misdemeanor. 1 Nance of persan who liar,a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (Tho law requires that you file till undated cempleled quostioullairo Witt) the appfolviale filing oulhofity not Inter than the 7th business(Iny after the date the originally NO questionnatro becomes iriconlplele or inaccurate.) 3 Name of local government officer with whorn filer has employment or business relationship. Name of Officer This section (iter) 3 including subparts A, B, C & D) must bo conipleted for each officer :ill) v;honl the Iger has all elmployment or other business relationship as defined by Section 176.901(1-a), Local Government Code. Attach addilional pages to this Form CIO as necessary. A_ Is the local government officer twilled in this section receiving or likely to receive taxable income,other than invosiment income, from the filer of are gaeslionnwirel Yes D No B, Is the fifer of the rlueslionntuto fec.iving or likoly to receive taxable income,011ier flion Investileill inctmim,(font ur(it the direction of the local government officer named in this section AND the taxable income is not receiver) from the local govenlnlenial entity? FlYes No C. Is the filer of this slut+stionnaire employed by a corporation or other businoss entity with respect to which the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? 1-1 Yes F-1 No D. Describe each employment or business relationship With the local goveni ment officer named in this section. 4 Signature of person doirsg business%villi the grivernmental entity Crate Adopted 06/29/2007 City of Southlake - RFP1701B540JL170003 - Page 34 of 35 9B-31 CITY OF SOUTHLAKE ADDENDUM NUMBER# 1 To: All Proposers Date: April 3,2017 Request for Proposal: RFP1701B540JL170003 Holiday Lighting Services for City of Southlake Town Square Proposal Due Date: 3:00 p.m.,April 13,2017 1. Addendum No. 1, dated April 3,2017, per Addendum#1, the City of Southlake is answering questions fi-om the Pre-Proposal meeting and correcting wording within the Schedule of Pricing line items 10 and 14. Question: is the City looking for two proposals, Lease and Non-Lease? Answer: Yes, Question: Can you bid only one option? Answer: Yes. Question: Would City prefer a lease agreement? Answer: We will review both options and decide which option is in our best interest. Question: Must items be stored in climate controlled storage? Answer: The City would prefer climate controlled storage.The City will accept vendor supplied non-climate controlled storage with the understanding the vendor will be responsible for any heat or cold related damage to current lights and decorations. Please describe storage facilities in proposal submission. Question: Maintenance requirements — What if there is an electrical issue not vendor related? Does the 24 hour repair requirement still apply? Answer: No. Vendor should notify City contact as soon as possible so electrical issue can be corrected. Once electrical issue is corrected the 24 hour requirement applies. City olSoulhlake • Finance Department• 1400 Main Sweet Suile 440• Soulhlake, Texas 76092 817.748.8312 9B-32 Question: Is there electricity at each location? Answer: Electricity is available to all locations. Some locations require extension cords to be run from building to provide electricity. Known locations which require extension cords are as follow: Extension Cord required to connect trees to rooftop receptacles • Trees at B 10- I required • Trees at B 12- I required Trees along Prospect Street • B9-3 required • B 10- 1 required Trees along State Street • B9-2 required • B 13—2 required Trees along Main Street • B3—I required • B4—2 required • B5—2 required • B6—2 required • B7-2 required • B26—2 required • B27—3 required • B28—2 required • B29— l required Trees along Southlake Blvd • Extension cords required between trees • Extension cords required to rooftops • From B I to B2—2 required • From B30 to B32—2 required • From B33 to B35—2 required • From B36 to B38—2 required Question: Is tree well electricity individually timed? Answer: Yes with current owned lighting. If vendor is proposing lease agreement all timers should be included in lease cost. Vendor is responsible to determine requirements. Question: Item A3#3-Is there power for these up-lights at this location. Answer: No.This item is being removed from the proposal. Do not include this item in your location cost. City ofSouthfake • Finance0epailment• 1400 Main Slreet,Suire440• Soulhlake.Texas 16092 817748.8317 9B-33 Question: Item A5 #7-Are the lights on the Arch Windows mini lights? Answer: No.Those light shall be C-7 lights. Question: When can vendor provide installation?Can we install during the day? Answer: Yes. We will work with awarded vendor to coordinate installation times. There are a couple items, banners, large wreaths which will require early morning or late evening installation due to pedestrian or vehicle traffic concerns. Question: Is there separate roof access so vendor will not disturb tenants? Answer: In most locations yes. Truluck's, Barnes and Noble, Cheesecake Factory, Container Store, Jared, First National Bank, Del Frisco's and Trader Joe's do not have a separate access. Roof access must be coordinated in advance for those locations. Question: In Area B you did not specify number of lights?Should they follow the same requirements as Area A? Answer: Yes. Question: Is initial payment provided at end of tree lighting event? Answer: No. Vendor may not submit invoice for initial payment until after tree lighting event. Standard payment terms apply. Question: Will lease be on separate contract? Answer: This request for proposal will become the official contract. Vendor may provide additional requirements for consideration. Question: Can the lease be cancelled per the cancellation terms on page 5 of the original document? Answer: Yes. If a lease agreement is awarded through this RFP the City is willing to consider removing the Termination for Convenience language. This will be discussed with individual vendor during the evaluation and contract award process as indicated on page 4 paragraph 6A. Question: Is wording on line item 4 10 correct in the Schedule of Pricing? Answer: No. Wording should read— 12 Trees—Wrap to the tip with every branch tightly wrapped from top to bottom and main arteries with it nlinimain of 1,600 white mini lights per tree. Please price accordingly. Question: Is wording correct for item # 14 in the Schedule of Pricing? Answer: No. Wording should read— Fence surrounding Christmas Tree — Install estimated 48' white mini light lighted garland swagged on fence panels. Price accordingly in Schedule of Pricing. Cily ofSoulhlake' finance Oeparlment• 140PMain Street Suite 440• Southlake. Texas 16092 817748.8317 9B-34 Question: DPS HQ—The back of the building is hard to see.Can the vendors have access? Answer: This is a secured Police area. Access at this time will not be provided. We have included photos of the building with this addendum. Vendor may view back side of building from parking lot area directly north of this location. Question: Per Area B Item 4 on page 24-Confirming these lights are required to be mini lights. Answer: Yes. Question: Is vendor responsible for storage of items for either option?Lease or Non-Lease? Answer: Yes. Question: For a lease agreement can the vendor propose different prices for each of the years?Example front load year one of lease? Answer: Yes. Pricing will be discussed with individual vendor during the evaluation and contract award process as indicated on page 4 paragraph 6A. Question: Will you provide information on what you paid last year for these services? Answer: Bid tabulation from prior request for services for Area A is posted on the City website. Please copy and paste this link for information. https:l/www.cityofsouthlake.coin/bids.aspx?bidlD=7. Pricing information on Area B is not available. Question: Do you have a defined budget for these services? Answer: No. Question: Do all buildings and trees require timers? Answer: Yes. All locations will be on timers. Area A locations have built-in timers except for DPS HQ. This location will require external timers. Those will be provided by City as required. Area B locations have built-in timers except for the following nine (9) locations. These locations require external timers and shall be supplied by vendor. • B 13— l tinter • BW— I timer • B 18— l timer • B20—1 timer • B31 —2 timers • B32— 1 timer • B33— I timer • B35— 1 timer • B36— I timer 2. Photos of DPS l-IQ with anticipated lighting location requirements are included, 3. Additional sample lighting photos are included. City oI Soulhlake • Finance Oeparlmenl• 1400Maln Streel,SbVe 440 • Soulhlake, texas 15092 817.748.8312 9B-35 4. There are no other changes. -,SV, Sharen ackson Chief Financial Officer City of Southlake In the submission of their proposal, Proposer must acknowledge receipt of this addendum. Proposer shall acknowledge this addendum by signing and returning one copy of this notice with their proposal submission. Signed: Dated: Company Name: Cay ofSoulMake ' Finance Oepartment• 1400 ddain Street 5uiie 440• Soulhlake. 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P'j7te i t €y rL'}t �i��3,1�2 '. �T�.•3nrE 9B-42 SOUTHLAKE City of Southlake REQUEST FOR PROPOSALS Proposal Reference Number: RFP1701B540JL170003 Project Title: Holiday Lighting Services for City of Southlake Town Square Proposal Closing Date: 3:00 P.M.(CST), Thursday April 13, 2017 9B-43 TABLE OF CONTENTS Tableof Contents................................................................................................................................Page 1 Request for Proposals (1)Introduction..............................................................................................................................Page 2 (2)Definitions................................................................................................................................Page 3 (3)General Information .......................................Page 3 .......................................................................... (4)RFP Withdrawals and/or Amendments....................................................................................Page 3 (5)Proposal Submittal Requirements............................................................................................Page 3 (6)Proposal Evaluation and Contract Award................................................................................Page 4 Appendix A—Scope of Services (1) Project Title..............................................................................................................................Page 6 (2)Scope of Services Contact........................................................................................................Page 6 (3) Special Conditions....................................................................................................................Page 6 (4)Proposal Evaluation Factors.....................................................................................................Page 6 (5)Brand Manufacture Reference..................................................................................................Page 6 (6)Key Events Schedule................................................................................................................Page 6 (7) Scope of Services.....................................................................................................................Page 6 Appendix B—Proposal (-)Label Format for Submittal Packet's Sealed Envelope...........................................................Page 18 I Required Proposal Information (1)Proposed Product ............................................................................................................I......Page I9 (2)Cost of Proposed Product.......................................................................................................Page 19 (3)Term of Contract and Option to Extend.................................................................................Page 27 (4)Proposer's Experience/Staff...................................................................I.............................Page 28 (5)References..............................................................................................................................Page 29 (6)Trade Secrets and/or Confidential Information......................................................................Page 30 (7)Federal, State and/or Local Identification Information .........................................................Page 30 (8)Emergency Business Services Contact Notice.......................................................................Page 30 (9)Cooperative Governmental Purchasing Notice......................................................................Page 31 II Contract Terms and Conditions (1) Delivery of Products and/or Services....................................................................................Page 31 (2) Miscellaneous........................................................................................................................Page 31 (3) Financial Responsibility Provisions......................................................................................Page 32 AppendixC—Form CIQ ................................................................................................................Page 34 Appendix D—No Intent to Submit Form......................................................................................Page 35 Attachment A—Maps and Example Photos ............................................................................................... City of Southlake - RFP1701B540JL170003 Page 1 of 35 9B-44 Southlake, Texas Request fol- P1•oposals I. Introduction A. Project Overview: The City of Southlake is requesting Proposals with the intent of awarding a contract for the purchase of goods and services contained in Appendix A—Scope of Services. B. Questions: Following are contacts for questions as identified. i. RFP Clarifications: All questions related to requirements or processes of this RFP should be submitted in writing to the Purchasing Manager identified in section 2 below. ii. Scope of Service Questions: All questions related to the scope of services should be submitted in writing to the contact person(s)noted in Appendix A—Scope of Services. iii. Replies: Responses to inquiries which directly affect an interpretation or effect a change to this RFP will be issued in writing by addendum posted to City website. All such addenda issued by City prior to the submittal deadline shall be considered part of the RFP. The City shall not be bound by any reply to an inquiry unless such reply is made by such formal written addendum. iv. Acknowledgement of Addenda: The Proposer must acknowledge all addenda by signing and returning such document(s)or by initialing appropriate area of the Proposal. C. Notification of Errors or Omissions: Proposers shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFP. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete,ambiguous,inconsistent or obviously erroneous. D. Conflict of Interest Questionnaire(Form CIO): A person or business,and their agents,who seek to contract or enter into an agreement with the City, are required by Texas Local Government Code, Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found in Appendix C. The form must be filed with the City Secretary no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to any potential agreement with the City. E. Form 1295 Certificate of Interested Parties: In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. Please go to the Texas Ethics Commission webpage (www.ethics.state.tx.us) for full instructions and to complete the required steps for creation of Form 1295. Once the form is completed online, printed and notarized please return the form with your proposal submission. City of Southlake - RFP170IB54OJL170003 - Page 2 of 35 9B-45 2. Definitions Proposal: The signed and executed submittal of the entirety of Appendix B—Proposal. Proposer: The Proposer and the Proposer's designated contact signing the first page of the Proposal. City of Southlake("Cites: The City of Southlake,Texas. City Secretary's Office: The office of the City Secretary of the City, located at 1400 Main Street, Suite #270, Southlake,Texas 76092. PH: (817)748-8016;Fax: (817)748-8270. Project: The name of this Request for Proposals as identified on the cover sheet and first page of Appendix A—Scope of Services. Purchasing Manager: The City of Southlake Purchasing Manager is Timothy Slifka CPPD, CPPB, Phone: (817)748-8312, E-Mail: tslifka ci.southlake.tx.us;Fax(817)748-8048. Request for Proposals (RFP): The entirety of this document, including all Appendices and Addenda. Scope of Services: The entirety of Appendix A—Scope of Services. 3. General Information A. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request. B. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposals are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Proposal contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. 4. RFP Withdrawals and/or Amendments A. RFP Withdrawal: The City reserves the right to withdraw this RFP for any reason. B. RFP Amendments: The City reserves the right to amend any aspect of this RFP by formal written Addendum prior to the Proposal submittal deadline and will endeavor to notify all potential Proposers that have registered with the City, but failure to notify shall impose no obligation or liability on the City. 5. Proposal Submittal Requirements A. Submittal Packet — Required Content: All proposals must be submitted electronically. The Proposer must visit www.securebidusa.com and register. Once registered for this complimentary service, the Proposer may submit Proposal Documents electronically by selecting the appropriate Proposal Identification. B. Submittal Deadline: The deadline for submittal of Proposals shall be as identified on page 18 (eighteen) of Appendix B-Proposal. It is the Proposer's responsibility to have the Proposal City of Southlake - RFP170IB540JL170003 - Page 3 of 35 9B-46 Documents correctly electronically submitted by the submittal deadline. No extensions will be granted and no late submissions will be accepted. C. Proposals Received Late: Proposers are encouraged to submit their proposals as soon as possible. The time and date of receipt as recorded within the SecureBid electronic system shall be the official time of receipt. The City is not responsible for late submission regardless of the reason. Late Proposals will not be considered under any circumstances. D. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or a revised proposal substituted prior to the submittal deadline. Proposal Documents cannot be altered, amended or withdrawn by the Proposer after the submittal deadline,unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Manager. E. Proposal Document Format: All Proposal Documents must be prepared in single-space type, on standard 8-1/2" x 11" vertically oriented pages, numbered at the bottom. The City only accepts electronic submissions via www.securebidusa.com. Any other format (via telephone, fax, email, etc.) may be rejected by the City at its discretion. F. Validi , Period: Once the submittal deadline has passed, any Proposal Document shall constitute an irrevocable bid to provide the commodities and/or services set forth in the Scope of Services at the price(s)shown in the Proposal Document. Such proposal shall be irrevocable until the earlier of the expiration of ninety(90)days from the submittal deadline, or until a contract has been awarded by the City. 6. Proposal Evaluation and Contract Award A. Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which proposers are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. The City reserves the right to determine which proposal will be most advantageous to the City. B. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of the RFP, City alone will determine whether the variance is so significant as to render the Proposal non-responsive, or whether the variance may be cured by the Proposer or waived by the City, such that the Proposal may be considered for award. C. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non- compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFP requirements and details provided in Appendix A — Scope of Services or Appendix B — Proposal, the Appendices shall prevail. D. Unit Prices and Extensions: If unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Proposer will be bound thereby. E. Additional Information: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. F. Partial Contract Award: City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to City of Southlake - RFP170I B540JL170003 - Page 4 of 35 9B-47 different Proposers based on the unit prices proposed in response to this request, or to reject any and all Proposals and re-solicit for Proposals, as deemed to be in the best interest of City. G. Terminate for Cause: The occurrence of any one or more of the following events will justify termination of the contract by the City of Southlake for cause: i) The successful proposer fails to perform in accordance with the provisions of these specifications; or ii) The successful proposer violates any of the provisions of these specifications;or iii) The successful proposer disregards laws or regulations of any public body having jurisdiction;or iv) The successful proposer transfers, assigns,or conveys any or all of its obligations or duties under the contract to another without written consent of the City. v) If one or more of the events identified in Subparagraphs G i) through iv) occurs, the City of Southlake may, terminate the contract by giving the successful proposer seven(7) days written notice. In such case, the successful proposer shall only be entitled to receive payment for goods and services provided before the effective date of termination. The successful proposer shall not receive any payment on account of loss of anticipated profits or revenue or other economic loss resulting from such termination. vi) When the contract has been so terminated by the City of Southlake, such termination shall not affect any rights or remedies of the City then existing or which may thereafter accrue. H. Terminate for Convenience: This contract may be cancelled or terminated at any time by giving vendor thirty (30) days written notice. Vendor may be entitled to payment for services actually performed;to the extent said services are satisfactory. City of Southlake - RFP170IB540JL170003 - Page 5 of 35 9B-48 Appendix A — Scope of Services 1. Project Title: Holiday Lighting Services for City of Southlake Town Square 2. Scope of Services Contact Questions about the technical nature of the Scope of Services, etc. may be directed to TIM SLIFKA, Phone. 817.748.8312,e-mail: tslifka@ci.southlake.tx.us. 3. Special Conditions The following special conditions shall prevail over areas of conflict in previous pages: NONE 4. Proposal Evaluation Factors Emphasis Factor 30% Vendor Overall Price for Services 35% Vendor Experience Providing Required Services 30% Vendor Ability to Provide Required Services 5% Vendor Past Experience with City 5. Brand Manufacture Reference The City has determined that any manufacturer's brand defined in the Scope of Services meets the City's product and support need. The manufacturer's reference is not intended to be restrictive, and is only descriptive of the type and quality the City desires to purchase. Quotes for similar manufactured products of like quality will be considered if the Proposal is fully noted with the manufacturer's brand name and model. The City reserves the right to determine products and support of equal value, and whether other brands or models meet the City's product and support needs. 6. Key Events Schedule Proposal Release Date March 21,2017 Non-Mandatory Pre-Proposal Meeting* March 30,2017 @ 9AM CST Deadline for Submittal of Written Questions April 6,2017 Sealed Proposals Due to and Opened by City Shown on First Page of this RFP Anticipated Committee Evaluation Review Date April 2017 Anticipated City Council Award Date .Tune 2017 *Pre-Proposal Meeting will take place at: Southlake Town Hall, 1400 Main Street Town Hall Conference Rooms 3C&3D Southlake, Texas 76092 on Thursday March 30, 2017 at 9:00 AM CST. Attendance is not mandatory but is highly recommended. Potential proposers should familiarize themselves with the locations and proposal requirements prior to the meeting. 7. Scope of Services The City of Southlake is seeking a vendor(s) to provide installation and removal services for holiday lighting and decorations within the public areas in Southlake Town Square, Central Park, and DPS Headquarters. The City has partnered with Retail Properties of America, Inc. (RPAI) to release this proposal for two (2) distinct areas within Southlake Town Square. Area `A', City designated property City of Southlake - RFP 1701 B540JL170003 - Page 6 of 35 9B-49 and Area `13% RPAI designated property. Please refer to Attachment `A' Map for locations. The City may award Area `A' only or Area `B' only or Areas `A and B' together. Currently the City owns all of the required lighting and decoration accessories for Area `A' and RPAI owns all required lighting and decoration accessories for Area`13'.There is interest in exploring a lease agreement for these items. Proposer should address both options within the Schedule of Pricing. General Requirements Both Areas City or RPAI Owned or Leased Equipment All lighting product shall be LED warm light type. This requirement applies to all lights and lighted decorations. All Project lighting and decoration installation must be completed no later than November 8 of any contract year. Vendor shall have all items removed by January 15 of any contract year. Failure to meet this timeline may result in Liquidated Damages being assessed. Vendor may start lighting installation on or after October 1 of each contract year. Greenery and decoration installation may start on or after October 23 of each contract year. Vendor shall use proper equipment and safety procedures when installing lights in trees. Climbing of trees to install lights is strictly prohibited. Violation of this requirement shall result in a fifty ($50.00) dollar fine for each documented incident and vendor shall be held responsible for any damage caused to tree up to and including tree replacement if required. A pre-decoration meeting with awarded vendor and the City of Southlake staff and/or RPAI staff shall be held prior to installation services. Vendor shall provide all equipment, labor and installation material necessary to perform the required service. No equipment, installation material or personnel shall be provided by City or RPAI to Vendor. Vendor's proposal shall include all products and materials necessary to install the holiday decorations to the stated specifications including, but not limited to, hardware, tools, supplies, equipment, extension cords and timers. All labor to customize, install, maintain,remove and store specified decorations shall be included. Vendor shall coordinate required building access with City contact. A supervisor/foreman, who understands and speaks the English language, shall be onsite supervising any time vendor is performing services as part of this contract. The vendor shall maintain all lights and decorations during the entire display period. Inspections shall be made daily. Repairs,as required, shall be made daily. Vendor must have staff on-site for Tree Lighting rehearsal, usually held the Friday before Thanksgiving each year and Tree Lighting event, which is held on the Saturday before Thanksgiving each year. A minimum of five(5) staff members plus Supervisor/Foreman must be on sight to respond to lighting issues. The vendor shall properly store all lights and decorations in a fully secured climate controlled warehouse provided by vendor during the off-season. Items from Area A and Area B must not be combined. City of Southlake - RFP1701 B540JLI70003 - Page 7 of 35 9B-50 The vendor shall not transfer or assign the maintenance responsibilities to others without prior written consent of the City. The vendor shall exercise every necessary precaution for the safety of the work site and the protection of any kind and all persons and/or property located adjacent to or making passage through the work site. The vendor shall not operate, nor cause to be operated, any piece of equipment which has the appropriate safety switches or guards broken,removed or rendered inoperative on any City property. The vendor must provide a valid telephone number and email address to the designated City representative. The telephone number must be answered during normal working hours/days, or at a minimum have the ability to take a message. Vendor shall reply to any message left during normal business hours (M-F 8am-5pm) within two (2) hours. Emergency contact information for any after- hours need must also be provided. Emails shall be answered within twenty four(24)hours. The vendor will be responsible for any damages to any City or RPAI property due to negligence on the part of the vendor's representative. Any damage to the park and/or facilities shall be reported immediately to the City department representative. Vendor shall use precautions when adding any lighting or other decorations to trees and/or other landscaping so not to damage landscaping, Decorations shall be wrapped on trees. Nailing or other piercing of the tree trunk/limbs and climbing/standing in the tree is prohibited. Lighting shall be installed with use of ladders or boom truck. QUALITY ASSURANCE: All lighting and decorations shall be inspected by the City and RPAI representative or his/her designee to ensure compliance with the specifications. Items which fail to meet the specifications shall be replaced and cost of replacement borne by owner of same. Maintenance,Monitoring and Repair Services 1. Perform routine checks of and repairs of lights and decorations from November 8 of each contract year through January 15 of each contract year, Monday-Sunday (seven (7) days a week)each week until lights are removed. 2. Report inoperative or damaged lights and decorations to City. City must authorize all non-lease item repairs. 3. All repairs shall be completed within twenty four(24)hours. Delays to this repair requirement, directly related to vendor delay, at the discretion of the City, shall result in a cost reduction of 1175 (number of days lights are to be operational) of item cost for each day repairs are not completed. Example — Location Al listed cost $100. Each day is equal to $1.33 (rounded down). Three days of lights not functioning at this location will result in a vendor invoice reduction of$3.99. (Lights not functioning is considered three (3) or more lights in a single strand out or three(3)or more lights in a row out). 4. Vendor must have staff on-site for Tree Lighting rehearsal, normally held the Friday before Thanksgiving each year and the Tree Lighting event, normally held the Saturday before Thanksgiving each year. A minimum of five (5) staff members plus Supervisor/Foreman must be on sight to respond to lighting issues. 5. For Tree Lighting Event, vendor shall have required staff present one (1) hour prior to scheduled event time and vendor staff shall remain until released by City staff. City of Southlake - RFP1701B540JL170003 - Page 8 of 35 9B-51 Liquidated Damages In the event of a delay to the Holiday Lighting and Decoration Installation and Removal Completion Dates as per the Contract Schedule for which Proposer is solely responsible, Proposer shall pay Liquidated Damages to the City at a rate of five hundred dollars($500.00)per day of delay. Such Liquidated Damages are an estimate of the foreseeable damages that will be incurred by the City due to delay. The parties agree to this liquidated damages amount because they agree that quantifying losses arising from Proposer's delay is inherently difficult because delay could have several negative impacts on the City, including but not limited to damage to the City's reputation, a loss in tourist and visitor traffic during the Holiday Season, which loss will result in lower sales and hotel tax revenue, both this year and in the future. The parties stipulate that the agreed upon sum is not a penalty, but rather an estimate of the City's actual damages, and is a reasonable measure of damages based upon the parties' experience. For the purpose of calculating such Liquidated Damages,any additional time or delays outside the sole Control of Proposer or delay not caused by Proposer, including but not limited to suspension of contract by City in accordance with the Contract, weather downtime or delay due to Force Majeure shall not be considered as a delay in regards to calculation of Liquidated Damages. Installation General Specifications Description of services to be provided for installation of lights on existing trees: I. Lights must be installed from ground level to a minimum height of fifteen feet (15') in each tree and must cover all of the branches. See example Photo A. 2. Lights must be wrapped around the branches and secured with tape around all electrical connections. 3. Cable ties may be used to secure lights on the tips if necessary. 4. All vendor supplied extension cords used must be rated for outdoor use (Minimum specification- 1612 Gauge,Polarized,SJTW, UL Outdoor, 13Amp). 5. All exposed cords must be properly covered and secured. 6. Lights strings are not to exceed 15 AMPS per breaker. Normal electrical configuration is three (3)tree wells per 15amp breaker. Description of services to be provided for the installation of existing pavilion lighting and decorations: 1. Garland must be securely attached to railing(s) with cable ties or equivalent attachment to ensure it will not come loose in high winds and cause any tripping hazard. 2. All exposed cords must be properly covered and secured. 3. Lights strings are not to exceed 15 amps per breaker. Normal electrical configuration is three (3)tree wells per 15 amp breaker. Description of services for the installation of Town Hall lighting and decorations: 1. Vendor must coordinate with City when accessing Town Hall roof for Town Hall light installation. 2. Perimeter and the upper perimeter are to be done with white mini light icicle lights. Description of services to be provided for the installation of outdoor bows 1. Attach structural bows to light poles within designated areas City of Southlake - RFP1701B540,IL170003 - Page 9 of 35 I 9B-52 AREA `A' Specifications Al: Central Park(1401 E. Southlake Blvd) 1. Wrap the main arteries on an estimated twenty(20)trees with white mini lights 2. Install 18"inch outdoor red bows on seven(7) light poles in the park 3. Install an estimated 16' ft garland pre-lit with white mini lights around the base panel of fence. A2: FM 1709 (Southlake Blvd.) Medians Located Directly in Front of Town Square (1400 Block of E. Southlake Blvd.) 1. Wrap the main arteries on an estimated eighteen(18)trees with white mini lights A3: Rustin Pavilion (1400 E. Southlake Blvd) 1. Install pre-lit garland with white mini lights swagged on railing of pavilion 2. Wrap the main arteries on an estimated fourteen (14) trees with on the perimeter of the pavilion with white mini lights. 3. Install 120v LED red and green up-lights for two(2)trees in the Right-of-Way. 4. Install 18"inch outdoor red bows on twenty(20)light poles located around the pavilion A4: Family Park(1400 E. Southlake Blvd) 1. Wrap to the tip with every single branch tightly wrapped from top to bottom on an estimated twelve(12) large trees in the center of the park with white mini lights. Per example photos. 2. Wrap the main arteries of an estimated forty (40) trees in the center of Family Park and around the perimeter with white mini lights. 3. Install 18"inch red outdoor bows on and estimated twenty (20)light poles 4. Install an estimated 16' ft garland pre-lit with white mini lights around the base panel of fence. A5: Town Hall(1400 Main Street) 1. No installation services are allowed on I"and 3`d Tuesdays of the month for Southlake Town Hall. 2. Install parapet light on lower level on four sides of the building with C-9 lights 3. Install clear white mini lights icicle lights on upper metal roof on all four sides of the building. 4. Install garland pre-lit with white mini lights swagged on four columns at south entrance 5. Install garland pre-lit with white mini lights swagged on upper balcony railing 6. Install wreaths and garland pre-lit with white mini lights swagged on four small balconies on the front and rear of the building. 7. Install white mini lights on second floor arched windows and window detail on south side of the building. 8. Install 18" inch outdoor red bows on twenty(20)light poles surrounding Town Hall City of Southlake - RFP1701€i540JL170003 - Page 10 of 35 9B-53 A6: Designated Trees Wells in Town Hall Area 1. Wrap the main arteries on an estimated forty-four (44) trees on sidewalks with white mini lights. A7: Designated Trees Wells along Plaza/Grand Avenue Area 1. Wrap the main arteries on an estimated sixty-seven (67) trees on Sidewalks with white mini lights. A8: Frank Cornish, IV Park(399 Grand Avenue) 1. Wrap the main arteries on an estimated twelve (12)trees in center of the park with white mini lights. A9: Southlake DPS Headquarters(600 State Street) 1. Wrap the main arteries on an estimated twenty three(23)trees with white mini lights 2. Install C9 lights to the entire perimeter (360 degrees) of the DPS Headquarters building including all levels of roof line. Vendor shall verify required footage. Removal and Storage Services 1. Remove decorations and lights no later than January 15. 2. Vendor to store lighting and decorations in a vendor provided climate controlled off-site facility. AREA `B' Specifications 131: FM t709 Trees 1200 to 1586 E. Southlake Blvd. 1. Wrap the main arteries on an estimated fifty five(55)trees with white mini lights 112: Main Street Trees North side 1200— 1276 Main Street and 1402— 1472 Main Street South side 1239 Main Street— 190 State Street and 1403 - 1451 Main Street 1. Wrap the main arteries on an estimated forty two(42)trees with white mini lights 133: Civic Place, Prospect,State Street,Mise Trees West side of Grand Avenue-252 Grand Avenue— 1440 Civic Place=3 trees North side of Civic Place- 1420— 1440 Civic Place= 6 trees East side of State Street- 1420 Civic Place—321 State Street=7 trees West side of State Street—270 State Street 280 State Street=4 trees North side Prospect Street from 301 N. Carroll—300 State Street= 12 trees West side of State Street along 300 State Street= 5 trees On the south side of Building I OA =3 trees City of SouthIake - RFP1701B540JL170003 - Page i I of 35 9B-54 On the north and south sides of Building l OB=4 trees On the north side of Building IOC=3 trees 1. Wrap the main arteries on an estimated forty seven(47)trees with white mini lights. B1-38: Lights for Town Square Buildings B 1 — 1200 E. Southlake Blvd. B2— 112 State Street B3—180 State Street B4— 1235 Main Street B5— 1256 Main Street B6— 1220 Main Street B7— 1200 Main Street B8—260 State Street B9— 1200 Prospect Street B 10—301 N. Carroll Avenue B 11 —330 N.Carroll Avenue B 12—400 N.Carroll Avenue B 13—301 State Street B 14— 1400 Civic Place B 15—286 Grand Avenue B 16—310 Grand Avenue West B 17—410 Grand Avenue West B 18— 1420 Plaza Place B 19— 1430 Plaza Place B20— 1440 Plaza Place B21 — 1431 Plaza Place B22—316 Grand Avenue East B23—429 Grand Avenue East B24—327 Grand Avenue East B25—285 Grand Avenue B26— 1422 Main Street B27— 1460 Main Street B28— 1429 Main Street B29— 181 Grand Avenue B30— 115 Grand Avenue B31 — 1430 E. Southlake Blvd. B32— 1492 E. Southlake Blvd. B33— 1500 E. Southlake Blvd. B34— 1510 E. Southlake Blvd. B35— 1540 E. Southlake Blvd. B36 1560 E. Southlake Blvd. B37— 1570 E. Southlake Blvd. B38— 1580 E. Southlake Blvd. 1. Install C9 colored lights to the entire perimeter(360 degrees)of approximately 38 buildings in Southlake Town Square. Vendor shall verify required footage. Each building should be a different color. Colors shall not be repeated within four(4) buildings. City of Southlake - RFP1701 B540JL170003 Page 12 of 35 9B-55 2. Install C9 colored lights per the following: B 5—Along roofline ridges of turret above 1276 Main Street 139—Along roofline ridges of turret above 300 State Street B 11 —Along ridgeline and front outline of dormers at 339 and 355 N. Carroll Avenue B 14—Triple row of lights to outline turret at 1420 Civic Place B26—Along vertical edges of turret above 233 Grand Avenue B26—Double row of lights to outline turret at 1402 Main Street 3. Install white mini lights icicle lights on Town Square building 132—At turret above 100 State Street B5—At turret above 1276 Main Street B 14—At turret above 1440 Civic Place 4. Install white mini lights (unless different size or color specified) on Town Square building windows 132—Second floor bay window facing south above 100 State Street B3—Second floor bay window facing east above 180 State Street 133—Second floor bay window facing North above 190 State Street 133 —Along and over arches of seven second story windows above 172 State Street, on brick fagade 135—Second floor bay window above 234 State Street B15—Second floor bay window over 266 Grand Avenue,north side B 15—Second floor at northeast corner,north and east side, along and over arches of windows B 16—On 6 columns at 330 and 334 Grand Avenue West B 16—Along and over seven arches at exterior fagade at 312 Grand Avenue West B 17—Along and over two arches at exterior fagade at corner of 432 Grand Avenue West B23—On 3 columns at 421 Grand Avenue East B25 C7 lights- second floor over 279 Grand Avenue, over window eyebrows and extending down the sides of each for 6-12",north and west sides B26—Second floor bay window over lobby entry B26—Second floor windows above 211 and 213 Grand Avenue,Green B26—Second story windows above 215 Grand Avenue B29—C7 lights - second floor over 1417 Main Street, over window eyebrows and extending down the sides of each for 6-12",Blue 1330—Third level windows over 101 Grand Avenue,south and west sides Town Square Decorations 1. Install approximately 61 wreaths of various sizes on Town Square buildings. 131 — 6' on north side of building on the upper half in the larger bricked section between the two smaller windows 132—48"above entry awnings to 101 State Street 133—6' centered on second floor windows above 190 State Street 133—2 x 24"above second floor windows at either end above 160 State Street City of Southlake - RFP170IB540JL170003 - Page 13 of 35 9B-56 B5 — 36" centered over breezeway entrance facing east, and centered between second story window and roofline B5—5 x 24"centered on second story balcony railings above 1276 Main Street,facing east B5—5 x 24"centered on second story balcony railings above 1276 Main Street, facing south B5—3 x 24"centered on second story balcony railings on turret above 1276 Main Street BIO — 2 x 36" on west side at 301 N. Carroll Avenue, one centered on cast stone circular architectural feature, another centered between the straight cast stone feature and the parapet cap B 11 --2 x 36"at top of dormer architectural features above 339 and 355 N. Carroll Avenue B 13—8' on second floor centered over front entrance of 321 State Street B 14—2 x 48"centered at top of arch over each breezeway entrance at 1400 Civic Place B 17 — 2 x 36" on exterior columns, outer two columns of four, 2x24" on exterior columns, interior two columns of four B 19—2 x 8' at large upper story windows,north and south, at 1430 Plaza Place B 19 —4 x 5' centered on railing of each second floor balcony, north and south, at 1430 Plaza Place B19 — 8 x 36" centered on each side of 48" wreaths on the railing of each second floor balcony, north and south,at 1430 PIaza Place B22—4 x 48", one at each corner of the building, facing east and west, centered over circular stone architectural features B23—2 x 24" on exterior columns at 411 Grand Avenue East B24—2 x 24"on exterior columns near top at 303 Grand Avenue East B24—7 x 24"on exterior columns near top at 335,331,and 323 Grand Avenue East B27—6' above 1460 Main Street lobby entrance,centered on circular window B28—2 x 48"above 1443 Main Street,even with and on either side of signage B29—48"above second floor windows over entry to 1403 Main Street B29 — 4 x 36" second floor centered between double windows of EIFS facade above 167 Grand Avenue B30— 101 Grand Avenue south side 3 wreaths 36" on columns B30—2 x 48"on south side and west side of entry at 101 Grand Avenue B33—48"centered above Tenant signage at 1500 E. Southlake Blvd. B34—48"centered over Tenant signage at 1524 E. Southlake Blvd. 2. Install garland pre-lit with white mini lights swagged on Town Square buildings B2—Second floor parapet above 120 State Street B3 Second floor parapet between columns and above arched window eyebrows above 160 State Street B5 — Outlining breezeway entrance, top and both sides, at 1256 Main Street east side facing State Street B5—Second floor parapet above 1260 Main Street B 14—Outlining breezeway entrance,top and both sides,at 1400 Civic Place south side B14—On 4 second story balcony railings above 1424 and 1426 Civic Place B 16—Two exterior columns at 302 Grand Avenue West B 17—Six exterior columns at 422 and 432 Grand Avenue West B23—On five columns at exterior columns at 405 and 409 Grand Avenue East B23—At top parapet at front above 431 Grand Avenue East City of Southlake - RFP1701B540JL170003 - Page 14 of 35 9B-57 B24 On four exterior columns at 311 and 319 Grand Avenue East B25—At top parapet at front above 267 Grand Avenue B26—Along entire south and west sides of second story parapet over 1403 Main Street B26—Outlining breezeway entrance,top and both sides, at 1422 Main Street west side B27—Second floor balcony railings above 1450 Main Street B27—Second floor parapet above 1472 Main Street south and east sides B30—6 second floor railings above 129 Grand Avenue B30—One strand at the top of second story windows on brick facade B35—2 front columns at 1540 E. Southlake Blvd. 3. Install Cable Garland on buildings From installed building hooks near the roofline between 1276 Main Street and 190 State Street (Across Main Street between B3 and B5) From installed building hooks near the roofline between 1402 Main Street and 1403 Main Street(Across Main Street between B26 and 1329) From installed building hooks near the roofline between 266 Grand Avenue and 279 Grand Avenue(Across Grand Avenue between B15 and B25) Payment Schedule for Installation Services Vendor shall be paid for installation services in two (2) installments per standard City payment terms. This payment shall be split as follows: Payment 1 —50%of contract total after Tree Lighting Ceremony Payment 2—Remaining 50%after lights and decorations removed and stored by vendor Liquidated Damages, repair or lights out deductions and fines for tree or building damages shall be deducted from the payment timeframe they occur in. Example: Lighting is not installed and operational for three days past required start date. $1,500 dollars in liquidated damages will be assessed to the first payment(3 days @$500 each). Lease Specifications The City may consider a lease agreement with vendor to provide all lighting and decorations as requested. This scope includes providing all new commercial grade lighting and decorations per the currently listed specifications, as well as installation, maintenance, removal and storage of all lights and decorations. Storage of Area A and Area B items shall be stored separately. All decorations shall be appropriate to the specific outdoor environment. Lease agreement shall be for an initial thirty six (36) month period with the option for two (2) one (1)year renewals. This lease may include Area `A', `B',and/or Area's `A&B'. 1. All lighting and decorations provided under this agreement the first contract year shall be new commercial grade products and not previously used for any other display. Subsequent lease years shall utilize lighting and decorations as provided in original agreement. Any decorations City of Southlake - RFP1701 B540 1,170003 - Page 15 of 35 9B-58 which show wear and/or deterioration over time shall be replaced with new commercial grade products at vendor expense. Additional decorations or lighting requested by the City shall be charged to the City at listed discount rate. 2. All lighting,both indoor and outdoor,shall be LED warm light UL Listed commercial grade. 3. All bows shall be structural commercial grade materials. 4. All wreaths shall be structural commercial grade materials. 5. All greenery shall be two-toned and made for indoor and outdoor use. 6. All outdoor decorations shall be UV treated. 7. The proposal shall include all products and materials necessary to install holiday decorations to the stated specifications including, but not limited to, hardware, tools, supplies, equipment, extension cords and timers. 8. All labor to customize, install, maintain, remove and store specified decorations shall be included. A supervisor/foreman, who understands and speaks the English language, shall be onsite supervising the installation and removal at all times. 9. Unless otherwise instructed, all decorations shall be removed by January 15 of each year. The vendor shall leave the area with a finished appearance including removing all packaging and other debris from site. 10. Vendor must have staff on-site for Tree Lighting rehearsal, normally held the Friday before Thanksgiving each year and the Tree Lighting event, normally held the Saturday before Thanksgiving each year. A minimum of five (5)staff members plus Supervisor/Foreman must be on sight to respond to lighting issues. 11. The vendor shall properly store all trees, lights and decorations in a fully secured, climate controlled, warehouse provided by vendor during the off-season. Please fully describe storage services in proposal submission. Items from Area A and Area B must not be combined. 12. The vendor shall not transfer or assign the maintenance responsibilities to others without prior written consent of the City. 13. The vendor shall exercise every necessary precaution for the safety of the work site and the protection of any kind and all persons and/or property located adjacent to or making passage through the work site. 14. The vendor shall not operate, nor cause to be operated, any piece of equipment which has the appropriate safety switches or guards broken, removed or rendered inoperative on any City property. 15. The vendor must provide a valid telephone number and email address to the designated City representative. The telephone number must be answered during normal working hours/days, or at a minimum have the ability to take a message. Vendor shall reply to any message left during normal business hours (M-F gam-5pm) within two (2) hours. Emergency contact information for any after-hours need must also be provided. Emails shall be answered within twenty four(24)hours. City of Southlake - RFPI70IB540JLI70003 - Page 16 of 35 9B-59 16. The vendor will be responsible for any damages due to negligence on the part of the vendor's representative. Any damage to the park and/or facilities shall be reported immediately to the City department representative. 17. Vendor shall use precautions when adding any lighting or other decorations to trees and/or other landscaping so not to damage Iandscaping. Decorations shall be wrapped on trees. Nailing or other piercing of the tree trunk/limbs and climbing/standing in the tree is prohibited. Lighting shall be installed with ladders or boom truck. 18. Quality Assurance. All lighting and decorations shall be inspected by the City and RPAI representative or his/her designee to ensure compliance with the specifications. Any decorations which show wear and/or deterioration over time shall be replaced with new commercial grade products at vendor expense. Payment Schedule for Lease Agreement Vendor shall be paid on a yearly basis per the following schedule for a lease agreement. Initial thirty six (36) month lease paid in six(6)installments. Total payment required for thirty six (36)month lease shall be split into three equal yearly payments split into two(2) installments. Example - $3,000 total for thirty six (36) month lease agreement. Year one $1,000 Year 2 $1,000 Year 3 $1,000.Renewal years, if approved,will be paid per the same payment schedule. The yearly lease payments shall be split into two (2) installments. 75% of yearly lease total paid after Tree Lighting Ceremony per standard City payment terms. Remaining 25% payment paid after all lighting and decorations are removed and stored by vendor per standard City payment terms. Liquidated Damages and fines for tree or building damages shall be deducted from the payment timeframe they occur in. Example: Lighting is not installed and operational for three days past required start date. $1,500 dollars in liquidated damages will be assessed to the scheduled payment (3 days @ $500 each). City of Southlake - RFP1701 B540JL170003 - Page 17 of 35 9B-60 CRY CrF SOUTHLAKE Jenni Lanier<jlanier@ci.southlake.tx.us> Christmas By Zenith Contract 2 messages Jenni Lanier<jIan ier@ci.southlake.tx.us> Mon, Jun 12, 2017 at 4:37 PM To: David Ayer<Ayer@rpai.com> Hi David, We are taking the Christmas by Zenith contract to City Council for approval on June 20, 2017. If approved, the City will award the entire contract and pay the full amount Of$136,850. The City and RPAI will enter into a reimbursement agreement and RPAI will reimburse the City $78,600 and any additional charges that occur for "Area B." Please confirm that you concur with this process for the Christmas By Zenith contract. All the best, Jenni Lanier Community Relations Manager Southlake Community Services 817-748-8186 jlanier@ci.southlake.tx.us David Ayer<Ayer@rpai.com> Tue, Jun 13, 2017 at 11:31 AM To: Jenni Lanier<jlanier@ci.southlake.tx.us> Hi Jenni- We agree with the process. Once the reimbursement agreement is drafted we will review and will get with you if we have any issues with it. Thanks for your partnership on this. David On Jun 12, 2017, at 4:37 PM, Jenni Lanier<jlanier@ci.southlake.tx.us>wrote [Quoted text hidden]