Loading...
HomeMy WebLinkAboutItem 19 - DTSA 2022 Holiday Décor Community Development Agency www.santa-ana.org/cd Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: DTSA 2022 Holiday Décor AGENDA TITLE: Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total not-to-exceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION To enhance the City’s holiday experience and offer a placemaking attraction for the community, Staff is recommending approval of an amendment to the agreement (N-2022- 271) with BrightLife Designs, LLC to provide holiday decorations in the downtown area. Holiday decorations serve as a beautification element throughout the holiday season and encourage residents to visit the downtown. In an effort to respond to the community’s request to install holiday decorations throughout Downtown, on September 8, 2020, the Community Development Agency (CDA) issued a Request for Proposals (RFP) #2019-119 for qualified and experienced contractors for the installation, removal, and storage of holiday decorations. The BrightLife Designs, LLC proposal was selected because it demonstrated the ability to meet the unique needs of downtown and provide for flexibility, was readily available with an office in Orange County, and had a solid reputation in working with other government agencies. Most importantly, BrightLife Designs, LLC prioritized safety with the installation of the holiday decorations in order to preserve the security of residents, visitors, and property. CDA would like to allocate $120,000 to continue to promote and market Downtown to visitors throughout the holiday season. Additionally, the Public Works Agency (PWA) is requesting an additional $250,000 to use citywide on an “as-needed” basis to install additional holiday lighting and decorations. The installation of holiday decorations creates a very attractive and festive environment to encourage visitors to eat and shop in the downtown area. DTSA 2022 Holiday Décor November 15, 2022 Page 2 3 0 5 4 FISCAL IMPACT Funds are budgeted and available in the Downtown Holiday Light account (no. 18118013- 62300 Contract Services) and will be appropriated in future fiscal year budgets as follows: Fiscal Year Accounting Unit- Account Fund Description Annual Amount Contingency Annual Total FY 22-23 18118013-62300 Activity# 22132301302 Downtown Holiday Light $55,535 $4,465 $60,000 FY 23-24 18118013-62300 Activity# 22132301302 Downtown Holiday Light $55,535 $4,465 $60,000 Total $120,000 For the Public Works Agency, there is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of $250,000. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a contractor. EXHIBIT(S) 1. Amended Agreement 2. Original Agreement Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager Page 1 of 2 FIRST AMENDMENT TO DECORATIVE LIGHTING AGREEMENT FOR PROVISION OF HOLIDAY DÉCOR IN DOWNTOWN SANTA ANA THIS FIRST AMENDMENT to the above-referenced agreement is entered into on November 7, 2022, by and between Brightlife Designs, LLC, a California limited liability company (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On September 1, 2022, the City and Contractor entered into Agreement No. N-2022-271 (“Agreement”) for Contractor to install and store decorative lighting in Downtown Santa Ana. The Agreement runs through September 30, 2025 and is current and in-effect. B.The City, as part of its yearly celebration of the Winter Holiday season, submitted a Request for Proposal No. 20-119 (“RFP”) for qualified and experienced contractors for the installation, removal, and storage of holiday decorations for up to four (4) years. In 2020, Contractor’s proposal to this RFP was selected by the City, however, due to budgetary issues, the City only engaged with Contractor on a yearly basis in 2020 and 2021. Consistent with City Purchasing Rules and Regulations, the City’s Purchasing Manager approved the use of the RFP to further engage the Contractor for installation and storage of holiday decorations in Downtown Santa Ana. C.In accordance with the terms and conditions of the Agreement, the Parties desire to amend the Agreement to expand the scope of services, increase the compensation for said additional services to provide Winter Holiday decorations for 2022 and 2023, and clarify the term of the Agreement. The Parties therefore agree: 1.Section 1, Scope of Work, is amended to include the following services: •Downtown Holiday Lighting: Scope of Work is amended to include services detailed in the attached proposal dated September 22, 2022, and is attached hereto as Exhibit A-1 to this First Amendment. Contractor agrees to provide a similar proposal for 2023 Holiday decorations no later than October 1, 2023. City will provide, in writing, its approval of the 2023 proposal. Any services not related to the Winter Holiday decorations may be subject to further amendment, which will require approval by the City Council for the City of Santa Ana. •City Hall Holiday Décor: Scope of Work is amended per the attached proposal dated November 3, 2022, and attached hereto as Exhibit B-1 to this First Amendment. •Tree Lighting: Scope of Work is amended per the attached proposal dated October 28, 2022, and attached hereto as Exhibit C-1 to this First Amendment. •On-Call Services: Contractor agrees to provide proposals, as directed by the City, for EXHIBIT 1 Page 2 of 2 additional services as provided in RFP 20-119. City will provide, in writing, its approval of said proposal. Any services not related to those defined by the RFP may be subject to further amendment, which will require approval by the City Council for the City of Santa Ana. 2. Section 2, Compensation, is amended to increase the compensation for services provided by $370,000. This amount includes an annual not-to-exceed amount of $60,000 for services related to Exhibit A-1 for 2022 and 2023. Compensation, in an amount not-to-exceed $250,000 shall cover costs related to Exhibits B-1, C-1, and any on-call services, as detailed above. Any increase to agreement, for the services detailed here, will require approval by the City Council for the City of Santa Ana. 3. Section 3, Term, is hereby amended to memorialize that services related to the Winter Holiday decoration detailed in this First Amendment shall be completed by October 31, 2024. The term of the Agreement, as detailed in Recital A, shall not be changed or modified by this First Amendment. 4. Except as modified by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA _______________________________ ______________________________ KRISTINE RIDGE Clerk of the Council City Manager APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO, City Attorney By:___________________________ _______________________________ Brandon Salvatierra Name: Deputy City Attorney Title: RECOMMENDED FOR APPROVAL _______________________________ Michael Garcia Executive Director Community Development Agency EXHIBIT 1 EXHIBIT A-1 EXHIBIT 1 BrightLife Designs LLC 16351 Gothard St, STE C, Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com September 22, 2022 Contact Name: Julie Castro Title: Economic Development Specialist II Client Name: City of Santa Ana Email: JCastro5@santa-ana.org Phone: (714) 647-6585 City of Santa Ana Holiday Proposal 2022 V4 “PROPOSAL” Installation, Removal & Storage of Customer Owned Decorations Labor for all rental decorations included SUMMARY REPORT: -Bow and Garland Décor on Lamp Posts -Lighted Elements, Enhancement options (see separate - Spec Sheet). -City Wide Décor -New Additional Items Proposed DETAILED REPORT: Existing Lamp Post Décor – on 4th Street (from French St. to Ross St.) - - Installation of seventy-nine (79) Light Posts with 10’ sections of decorated garland two (2qty) per pole. -Customer owned decorations. Price includes Labor for installation, removal & storage of customers décor. -(158) total of 24” Red Bows with gold trim. Each Light Post will have a bow on either side, (2) bows per pole. -Labor Cost Per kit is $160 each. Labor Installation, Removal Cost $12,640.00 Storage Cost $3,800.00 Total $16,440.00 Purchase of New Light Pole Kits - - Five (5) New 24” Double Bow Accent Kit with Red Bows, 10’ of Mountain Pine Garland with Red and Gold Décor. Unlit. -Labor & storage for Five (5) New 24” Double Bow Accent Kit (2) Gold bows, 10’ of Mountain Pine Garland with Red and gold décor. Unlit. Purchase of New Kits Price Per Each $495.00 Labor Installation, Removal & Storage Per Each $160.00 Total $3,275.00 10’ Lighted Seating Teddy Bear -One (1) 10’ Lighted Giant Teddy Bear, installation, and removal at Plaza Calle Cuatro. Lease Price $11,995.00 Exhibit A-1 to the First AmendmentEXHIBIT 1 BrightLife Designs LLC 16351 Gothard St, STE C, Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com Holiday Café/Patio Lights S4 Lights- Plaza Calle Cuatro - Installation and Removal of LED RGB color changing patio lights. Lights will be strung from lamp post to lamp post. There is six lamp posts in Plaza Calle Cuatro, approximately 150’ of string cables and lights. RGB Lights are S4 color changing lights. Lights will be hung over head to enhance the plaza. Rental Price $2,225.00 8’ Red Lighted Bow - One (1) 3D 8’ Lighted LED red bow installed at Plaza Calle Cuatro. - Installation of a Large Lighted Red Bow that will be installed above the Giant Teddy Bear in front of the Santa ana sign. The bow is lighted with Red glitter fabric for day and nighttime appeal. The bow has an 8’ button top and two 8’ tails along either side. - *Install Logistics to be discussed with City prior to installation. - Please see sample photos for reference. Rental Price $5,900.00 IPS LED Projector Systems - IPS LED light projected on Cinema building or the side of the city parking structure. with a custom gobo with verbiage. Snowflakes projected on the building walls. Use of a several LED Leko projectors and pipe and base. - We recommend two locations; price is per location. Rental Price Per Location $4,950.00 Total Rental for Two (2) $9,900.00 Snowflake Ribbon Overstreet Decor- on 4th Street (French St. to Ross St.) - Installation of One (1) Overstreet Snowflake Ribbon Overstreet Element per existing Guide cables between buildings down 4th street. Snowflake Skylines have one (1) 48” snowflakes and two (2) snowflake ribbon LED lighted mounts per each design. - Eight possible locations at Eight Guide cables down 4th street. Power availability at each cable to be discussed with city. - At least Two (2) Skylines Recommended. - V Please see reference photo. Rental Price Per Skyline $2,900.00 Total Rental for Two (2) $5,800.00 Total Rental Cost $55,535.00 Amount Due upon Acceptance of Proposal $27,767.50 Amount Due Prior to Installation Commencing $27,767.50 Total $55,535.00 EXHIBIT 1 BrightLife Designs LLC 16351 Gothard St, STE C, Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com Timing and Agreement: This Agreement shall commence on October 30, 2022, the date first written above for a Two (2) year term with the option for the City to grant up to a two-year renewal, exercisable in writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. *3% CPI Increase implemented annually. Rental: Yes, Installation & Removal Services, Holiday Decor Purchase: N/A Installation Date: First week of Nov. 1st 2022- Working Hours: Business Hours & Night Hours Strike Date: First Week of January 2023 Installation Address: Downtown, Santa Ana, CA 90745 City Permits: * Price does not include city permits, additional cost for required permits. Insurance: Fee of $200.00 if Additionally Insured Certificate is required. To execute this agreement, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 15 days. Thank you. Sincerely, Joe Castro Will Gugerty Confirmed By and on Behalf of City of Santa Ana ________________________________________ _________________________________________ Authorized Signer Printed Name Date EXHIBIT 1 EXHIBIT B-1 EXHIBIT 1 BrightLife Designs LLC 16351 Gothard St, STE C Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com November 3, 2022 Michael Ortiz Parks and Recreation City of Santa Ana 20 Civic Center Plaza (714) 615-0892 City of Santa Ana City Hall Holiday Décor Proposal Installation of Rental Lighting and Decorations SUMMARY REPORT: -Tree Lighting and Holiday Decor -Proposal is menu Style, please select all that you wish to apply. -Please refer to site map for location of proposed elements. DETAILED REPORT: Public Library Large Palm Trees -Six (6) Palm Trees to be wrapped with BrightLife Designs commercial grade Warm White Mini Lights located at the Public Library Roundabout. Tree wrap will start ground level going up to the nut of the tree. Approximately Fourteen - Sixteen (14-16) light strands will be used on each tree. -Outlet Is located 10ft up on one palm. -Power ran overhead between each palm. Rental and Installation Price: $3,600.00 City Hall Plaza Palm Trees -Ten (10) Palm Trees to be wrapped with BrightLife Designs commercial grade Warm White Mini Lights located in the planter of the City Hall Building. Tree wrap will start ground level going up to the nut of the tree. Approximately Ten to Twelve (10-12) light strands will be used on each tree. -Three (3) Small Palms in the center wrapped with lights. Addition -Three (3) Lighted Reindeer placed throughout the planter between the trees. Addition -Outlet Is located 10ft up on one palm. -Power ran on the ground between each palm. Rental and Installation Price: $5,600.00 Olive Trees -Twenty-Four (24) Olive Trees to be wrapped with commercial grade BrightLife Designs Warm White Mini Lights located behind Santa Ana City Hall. Tree wrap will start at base level going up to the foliage of the tree. Height of wrap could vary from tree to tree based on what the foliage allows for. Approximately Six to Eight (6-8) light strands will be used on each tree. -Power will be supplied by the city. -BrightLife Designs will have to run Power overhead between each planter. -Each Tree gets their own power cord to allow for client owned system. Rental and Installation Price: $10,800.00 Exhibit B-1 to this First AmendmentEXHIBIT 1 BrightLife Designs LLC 16351 Gothard St, STE C Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com Overhead Lighting (Olive Trees) -Approximately Six Hundred and Twenty-Five (625) Feet of Warm White Faceted S14 ‘Bistro Style’ Lighting Ran overhead between each tree/planter. -The lights will be installed in a crisscross pattern. -Power will be supplied by the city. -Two separate power lines. -BrightLife Designs will have to run Power overhead between each planter. Rental and Installation Price: $9,375.00 One (1) Large Lighted Ornament Walkthrough Photo Op Element -One (1) Large Lighted Walk-through Ornament Photo Op positioned near the fountain and large tree. -The element is 14.76ft L x 14.76ft W x 13.28ft H. -Power will be run to a city installed outlet near the fountain. -Please see map for proposed location of element. Rental and Installation Price: $11,975.00 Japanese Garden Area - Addition -Ten (10) Trees to be wrapped with BrightLife Designs commercial grade Warm White Mini Lights located throughout the Japanese Garden Area. -Every other outer pillar of the structure be wrapped with lights. Approximately 11 pillars to be wrapped with lights. -Other areas -Outlet Is located in the ground next to main front walkway. Rental and Installation Price: $9,150.00 Total: $50,500.00 Amount Due Acceptance of Proposal 50%: $25,250.00 Amount Due Upon Installation 50% $25,250.00 Total: $50,500.00 Timing and Agreement: -One year agreement starting Nov 1 2022 through Oct 31, 2023, with two (2) one-year optional extensions at City of Santa Ana discretion and based on BrightLife’s performance and mutual agreement. Original Price will remain in effect for the remainder of the contract years two (2023) and three (2024). Rental: Purchase: Installation Date: Working Hours: Strike Date: Installation Address: Optional Insurance: Yes, Installation and Removal of Rental Décor. N/A Dec 4th-8th 2022 Business Hours N/A 26 Civic Center Plaza Insurance Certificates, Fee of $200 Accepted Or Denied (please circle one) EXHIBIT 1 BrightLife Designs LLC 16351 Gothard St, STE C Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com To execute this agreement, CIRCLE ALL THAT APPLY, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 10 days. Thank you. Sincerely, Joe Castro Will Gugerty Confirmed By and on Behalf of City of Santa Ana ________________________________________ _________________________________________ Authorized Signer Printed Name Date EXHIBIT 1 EXHIBIT C-1 EXHIBIT 1 BrightLife Designs LLC 16351 Gothard St, STE C Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com October 28th, 2022 Cesar Rodriguez Senior Civil Engineer City of Santa Ana 20 Civic Center Plaza (714) 647-5626 City of Santa Ana Bristol & 1st Tree Lighting V2 Installation of Rental Lighting Decorations SUMMARY REPORT: -Palm Tree Lighting. DETAILED REPORT: Palm Trees -Nineteen (19) Palm Trees to be wrapped with commercial grade Warm White Mini Lights located on Bristol & 1st. Tree wrap will start eight (8) feet above ground level going approximately 15-18 feet up in the tree. Approximately Sixteen (16) light strands will be used on each tree. -City will run power from closest street pole. From there power can be run overhead between each tree. -Rental Price Per Palm $475.00 Amount Due Prior to Installation Commenting 50%: $4,512.50 Amount Due Upon Installation 50% $4,512.50 Total: $9,025.00 Pricing Schedule Timing and Agreement: -Multi-year agreement starting Nov 1 2022 through Oct 31, 2025, with two (2) one-year optional extensions at City of Santa Ana discretion and based on BrightLife’s performance and mutual agreement. Original Price will remain in effect for the remainder of the contract years two (2023) and three (2024). *Excluding an annual 4% annual CPI Increase. Rental: Yes, Installation and Removal of Rental Décor. Purchase: TBD Installation Date: Nov 2022 or Dec 3rd-10th Working Hours: Business Hours Strike Date: N/A Installation Address: S Bristol St & W 1st St Insurance: Fee of $200.00 if Additionally Insured Certificate is required Year 1 (2022) Year 2 (2023) Year 3 (2024) $ 9,025.00 $ 9,386.00 $ 9,761.44 Exhibit C-1 to the First AmendmentEXHIBIT 1 BrightLife Designs LLC 16351 Gothard St, STE C Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com To execute this agreement, CIRCLE ALL THAT APPLY, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 5 days. Thank you. Sincerely, Joe Castro Will Gugerty Confirmed By and on Behalf of City of Santa Ana ________________________________________ _________________________________________ Authorized Signer Printed Name Date EXHIBIT 1 0 N a.. Lu (/) _ :i.,1\L,t ON FILE ,i,•,-. ,v .. �Y PROCE t.J .,� Ill INSURANCE EXPIRES !O· f-f·1,.,Z,.. u:,1 OF COUNC,L N-2022-271 AGREEMENT WITH BRIGHTLIFE DESIGNS LLC TO PROVIDE DECORATIVE LIGHTS IN DOWNTOWN SANTA ANA THIS AGREEMENT is made and entered into on this l st day of September, 2022, by and between BRIGHTLIFE DESIGNS, LLC, a California limited liability company ("Contractor"), and the City of Santa Ana, a chatter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A.The City desires to retain a contractor having special skill and knowledge in the field of: installation and storage of decorative lights such LED string lights, and relative materials (cables, anchors) in Downtown Santa Ana. B.Contractor represents that Contractor is able and willing to provide such services to the City. C.In undettaking the perfo1mance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services perfo1med by Contractor under this Agreement will be perfo1med in compliance with such standards as may reasonably be expected from a professional contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the te1ms and conditions hereinafter set forth, the patties agree as follows: 1.SCOPE OF SERVICES Contractor shall perform during the te1m of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work, required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated herein by reference. 2.COMPENSATION a.City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges detailed in Exhibit A, attached hereto and incorporated herein by reference. The total amount to be expended during the tetm of this Agreement shall not exceed $50,000. b.Payment by City shall be 50% up-front within 15 (fifteen) days and the remaining 50% balance within 30 (thirty) following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of perfo1mance set fotth in the Recitals which may reasonably be expected by City. Page I of9 EXHIBIT 2 3.TERM This Agreement shall commence on September I, 2022, and continue until September 30, 2025, unless terminated earlier in accordance with Section 15 below. 4.INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6.INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: •Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurre nce" basis, including products and completed operations, property Page 2 of9 EXHIBIT 2 damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. Ifa general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit. •Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code !), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage.•Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insuranc e proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations perfonned by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the fonn of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 orifnotavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Page 3 of9 EXHIBIT 2 Se(f-lnsured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the st ate with a current A.M. Best's rating ofno less thanA:VII, unless otherwise acceptable to the City. Claims Made Policies (note -should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage: 1.The Retroactive Date must be shown, and must be before the date of the contract or the begim1ing of contract work. 2.Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion o.fthe contract of work. 3.If coverage is canceled or non-renewed, and not replaced with another claims-made policy .form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements ( or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the COL policy listing all policy endorsements to City before work begins. However, failure to obtain the required docwnents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7.INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special coW1sel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and Page 4 of9 EXHIBIT 2 hold harmless agreement applies to all claims for damage s, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8.INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringemen t of any United States' letters patent, trademark, or copyright infrin gement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9.RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a repr esentative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities rela ted to this Agreement for a period of three (3)years from the date of final payment to Contractor under this Agreement. 10.CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Infom1ation" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that ( a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor Page 5 of9 EXHIBIT 2 without an obligation of confidentiality; ( d) is required to be disclosed by operation of law; or ( e) is independently developed by the Contractor without reference to information disclosed by the City. 11.CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12.NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orien tation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or writ ten, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assi gnment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement perfonned by City persomiel or by other contractors s retained by City. 15.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor Page 6 of9 EXHIBIT 2 compensation for all services performed by Contractor pnor to receipt of such notice of termination, subject to the following conditions: a.As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b.Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18.PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council Page7 of9 EXHIBIT 2 City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714-647-6956 With courtesy copies to: Steven Mendoza, Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Contract or: Joseph Castro, Owner BrightLife Designs, LLC 16351 Gothard St., #C Huntington Beach, CA 92647 A party may change its add ress by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, add ressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall indenmify City fully, including reasonable costs and attorney's fees, for any iajuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Where any terms in the Exhibits conflict with terms set forth in this Agreement, the language of the Agreement shall prevail. {Signatures on following page} Page 8 of9 EXHIBIT 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: c-Jl).,4-�.k('Clerk of the Couoo • • ;::::,;.,;,. ,,# . . . ., -�. # ... �---, l • '" ... � APPROVED AS TO FORM: SONIA R. CARVALHOCity Attorney By: ---t-T-------c ,'i-"------­Ryan O. Assistan Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA ��v Kristine Ridge City Manager CONTRACTOR: Owner BrightLife Designs, LLC Page 9 of9 EXHIBIT 2 'l3 Exhibit A Au gust 31st, 2022 Contact Name: Julie Castro-Cardenas Title: Economic Development Specialist II Client Name: City of Santa Ana Email: jcastro-cardenas@santa-ana.org Ph one: (714) 647-6585 City of Santa Ana Overstreet 4th Street Lighting Proposal 2022 Vl "PROPOSAL" Purchase and Installation of Lighting Decorations SUMMARY REPORT: Overstreet Lighting Down 4th street from Sycamore to French St. Bistro Style Lighting. Reference Images/Concepts at the bottom of document. DETAILED REPORT: Overstreet Lighting Product to be used: Overhead Lighting: Warm White Bistro Style Lights Approximately Thirteen Hundred (1,300) feet Medium Base E26 Socket Set SPT2 16Ga Black Wire, 8' Lead wire, 24" Spacing, Non-End Connecting Outdoor Use Approximately Six Hundred Fifty (650) S14 LED Warm White Faceted Replacement Bulb E26 Nickel Base, 10 Diodes, 120V Dimmable Installation of guide wire cable attached to Santa Ana Double Cobra Light Poles. Written Permission pending from City . Using turnbuckles and U-Clamps. Lights will be installed in a zig zag pattern. Please note: Exact power stru cture is unknown. Each light strand will tap into the current client power infrastructure. Water sealant silicone used at each cable entry point entering the building for power. Location: 4th Street 4th Street -From Sycamore St. to French St. Approximately Thirteen Hundred (1,300) feet Medium Base E26 Socket Set SPT2 16Ga Black Wire, 8' Lead wire, 24" Spacing, Non-End Connecting Outdoor Use in a zig zag pattern. Approximately Six Hundred Fifty (650) S14 LED Warm White Faceted Replacement Bulb E26 Nickel Base, 10 Diodes, 120V Dimmable Lights will be installed in a zig zag pattern. Lights Attached to Double Cobra Light Posts Down 4th Street. Total Cost $45,550.00 Amount Due upon Acceptance of Proposal $22,750.00 Amount Due Prior to Installation Commencing $22,750.00 Total $45,550.00 Brightlife Designs LLC 16351 Gothard St, STEC, Huntington Beach, CA 92647 Phone: 714-326-8326; Direct: 714-372-2274 www.Brightlifedesigns.com EXHIBIT 2 Timing and Agreement: Permissions Required from City to attach to city infrastructure. (Double Cobra Light Posts) Felleouing Fceci13t ef sign eel eg, ��R,c, ,t, 13leese elle .. 2 3 ffienths leeel tiffie te eeeiuiFe 13, odu�t. Please allow for 10% contingency based on initial estimate. *Prices exclude shipping/taxes. Rental: Purchase: Installation Date: Working Hours: Strike Date: Installation Address: City Permits: Insurance: N/A Yes, Installation of Purchased Decor To be completed by Sunset on September 3, 2022 Business Hours & Night Hours TBD Do wntown, Santa Ana, CA 90745 * Price does not include city permits, additional cost for required permits. Fee of $200.00 if Additionally Insured Certificate is required. To execute this agreement, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 30 days. Thank you. Sincerely, Joe Castro Will Gugerty Confirmed By and on Behalf of City of Santa Ana Aoth� �ord UV) �edName Brightlife Designs LLC 16351 Gothard St, STE C, Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com Date EXHIBIT 2 Sycamore to Main Street: Main Street to Bush Street EXHIBIT 2 Bush Street to Spurgeon St. Spurgeon Street to French Street. EXHIBIT 2 0 Possible Power-Overhead Bistro Lights Possible Power Location s, 0 , ,,•;� 0 le> !. \ . \/ Spurgeon S1 ID MatnS.t • � Fntneh St 0- Fre11, NBu.sh: MmnSt � Possible Power Location -�-. Possible Power Location EXHIBIT 2 1 �- ;-; PROPOSED STAINLESS STEEL ANCHORS ( SEE SPECS AT RIGHT) PROPOSED STAINLESS STEEL TURN BUCKLES ( SEE SPECS AT RIGHT) PROPOSED WIRE ROPE, THIMBLE & WIRE ROPE CLAMP ( SEE SPECS AT RIGHT) COMMERCIAL MEDIUM SUSPENDED____,.,/' SOCKET STRING LIGHT & A 15 CLEAR BULBS. +--EXISTING WALL (FIELD VERIFY). TYPICAL ATTACHMENT ELEVATION SCALE: 3"=1'-0" ®S.S.BULBS SCALE: NTS @ S.S. Turn Buckle SCALE: NTS 4 WIRE ROPE, THIMBLE & CLAMP SCALE: NTS S14 LED Warm White Faceted Bulb E26 Nickel Base 10 Diodes 120V Dinrn1able L2' W2" H3.25" � <W '\t ly� Hoot lo Eye.Eye to Eye Hook lo Hook Mmrtal: Stainless Steel Grade 304 o, Stainless S!eel Gratle 316 Saa&Mod •I TLa"rltJuckle ,.,.it M� MG.tA8 ,tA10,1A12,"416,l.t10 Fe-atures: The TumOUdde has eXU<HlXCCllem pcrtonnancc or coooskln rests1anc:c pooo yietCI sllcogtn aoo tensle st rengtn.The'3e nuts are "'O'!ty U!led fl humldy envlroment and Silly waler.very 1oo9 sen.ice 11:e. , \</; Wire Rope Clamp and Thimble Kits-Not for Lifting /j Clamp Thimble Krts 1nck.Jde clamps and 1himb�s 10 protect the Inside of wire rope IOops from fraying. Clamps must be onemed wilh the saddle on the long (lh,e) end and U•boh on the sllOrt (dead) end. GalVMud stwl and lrotl clamps and thlfflbles are COOOMO!l reslSlaf'II Sblnlns sfNI clamps, and lhlfflbles ate chenxal Je5151.anl Galuntud Iron Cl.amen with G;itv..nlud Stfft Thlmbk-s 1.ltl" 3 4)11" J ]1J'l7' 78 J.'ll"' J/1&" 3 51/Y ti!) 1Yl7' 1· 7/tr.,· J/,1" 3 r 1fl 1 13132"' I II< �Iii WMJ� Test al illtlmlbhes for Jt'�ed �� hef!Xe u,;e Do not � � �lib 3 7 � 1b 1 tJ/'16"' 1 9116. 11116"' toa-led 1ope lftl>:SS the cndlwlg 111, rn11D\fed J/8" J 9 VT 30 2 m· 1 7/ff' 7/f" FOi' Number Required Cli>mo Rope of Rope Torque, Dia Clamps Tumback ft.Abs Ht Wd Thkk Galva.nit� StMJ CIMnps 'llrilh G.llvanlzed StNI Thimbles 118" 2 3 11 4• 4.5 31'32" 71(f" :W-J/10 2 3'JJ4"' 75 1YJZ' 1• 7/lfr 114" 2 ◄ }'4• 15 113131" 11/4"' 9f16"' !1116" 7 5 114• 30 1 Y.1116" 1 em;-· 11116"' :W- 2 61'Z' ◄5 2114" 17/fT' 1Rf' 7110 2 7• 65 2 W 2 "16" 1Jf!' 1'1" 3 111/T 65 241.G(' 21116" 7Jff' 5/ff' 3 1T U5 3114" 2:W-1111s· 'Jl,19 4 1!r 130 3!i16"' 291'16"11/16" 7116" 3 10 11,• 40 7:W- 2 1/16" utl' 1rr 4 15 11.t· 45 2 41U 2 1110-Ml' 5flJ' • 1� 7b 3tt•· 73,,r 1111£"' J/6' 5 22 VI" 75 3 !i116"' 2 !¥16"9 1 1/1139 [1:';: s�•u s1� ;�:-mp,; Mth Jew s�Jt"::-ss s':,! ™i;�i. I l-ff: 2 3:Yl" 1• 7,r' ll-'16"' "� 2 4�4-8 1 W 1118"' 7� 5110· 2 51J.tr 15 111116" 1 :w-11,u; w 2 o,rr 30 2u16" 131•• 1311.r 1mt 2 1111r ◄� z,rr r , ,rr ,rr 2 111rr "� 2vr r 11,r 1,r 3 12" 05 2 11116" "11/16" 1 llJ. !1116"' 3 12" 9tJ 211/l(i 2tr1{, 13tf' 518" 3 12" 95 31/ff" lW t11fr :y(' 4 18"' 130 3116" 27/1f,"21116"' a Brightlife Designs 16361 Gothard St H\Jnttr,vton Beadl CA m47 Phone 71'.326 8326 www.Bnghtl.lfeDa&9)s.com Proji!CI: Santa Ana Address: Downtown Santa ""' Account Manager: Will Gugeny Designer: Pl 3.50 Scale. AS NOTED Design No. 16-06-1963-01 Date 8.31.22 Reg. No .. ------ Rev1stons· ROI \pl)10nJOV-"lignHig011C01mo $\h:�1011�2 !3.50/ -·l:.li>·l•i7·i1fiNN FOR JOB CHE(� Acct Mgr. DATE FOR CONSTRUCTION DATE Acct Mgr. Design Production FOR INSTALL ONLY DATE Acct Mgr. Page 01 Of: 07 1�,IW'l�...,.�or.....igcr.we �yBrylllklO,.,i,,HLC, h1t.lbn�""IDI -,o,.,�til.••r...clOt<litq•nli;IWl)slnl wtwo..i,wo�illflll,lll)IOS•IObo ...... Ol)J(t(l,�OflJl'l;�.,.,,,.olllOII. 11w,r,;,ngu,gQI�, >llfl,�..-.-hOf .....,..��t.XO:.ltinc(bt.0t591-0..1»1>11o1>�IM<Hi911S��Btl1J11Uo 0.�1UCAu'.1101u,1ro1110�MNOti9'., Ollj'�Wlli�t<ll;IOLll'!O!'llll�'llln;Jt,;,n 6'qlllr,�u� 0 - n .. CG1on�v,dl,<I""•••�"'� tfP,btl!Ul,(;tl-'icWwl.f,rur•rt S...cGk.lip,,d.:.11en, EXHIBIT 2