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HomeMy WebLinkAbout2015-08-25; City Council; 22066; Agreement Library Shelving J K Miklin Renovation 4020 4030CITY OF CARLSBAD - AGENDA BILL 8 AB# 22,066 APPROVE AND AUTHORIZE AN AGREEMENT FOR LIBRARY SHELVING SERVICES WITH J.K. MIKLIN, INC IN AN AMOUNT NOT TO EXCEED $145,300 FOR THE LIBRARY RENOVATION PROJECTS, PROJECT NOS. 4020 AND 4030 DEPT. DIRECTOR fi? DATE 8/25/15 APPROVE AND AUTHORIZE AN AGREEMENT FOR LIBRARY SHELVING SERVICES WITH J.K. MIKLIN, INC IN AN AMOUNT NOT TO EXCEED $145,300 FOR THE LIBRARY RENOVATION PROJECTS, PROJECT NOS. 4020 AND 4030 CITY ATTY. ^/ DEPT. Library & Cultural Arts APPROVE AND AUTHORIZE AN AGREEMENT FOR LIBRARY SHELVING SERVICES WITH J.K. MIKLIN, INC IN AN AMOUNT NOT TO EXCEED $145,300 FOR THE LIBRARY RENOVATION PROJECTS, PROJECT NOS. 4020 AND 4030 CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2015-218 approving and authorizing an agreement for library shelving services with J.K. Miklin, Inc., (d.b.a., Yamada Enterprises) in an amount not to exceed $145,300 for the Library Renovation Projects Nos. 4020 and 4030 (Exhibit 1). ITEM EXPLANATION: The upcoming renovation projects for the Georgina Cole Library and Carisbad City Library on Dove Lane require the services of a qualified library shelving services firm to remove, inventory, transport, and reinstall existing library shelving. A request for proposals was issued and two submittals were received. After evaluation and negotiation, J.K. Miklin, Inc. (d.b.a., Yamada Enterprises) was selected to enter an agreement with the city (Exhibit 2). If approved, the work will coincide with the schedule for the upcoming library redesign projects. FISCAL IMPACT: The total not to exceed contract amount is $145,300. Funding is available in the project budgets for Project Nos. 4020 and 4030. No additional appropriations are required. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA, and therefore does not require environmental review. EXHIBITS: ^015 218 1. Resolution No. approving and authorizing an agreement for library shelving services with J.K. Miklin, Inc. (d.b.a., Yamada Enterprises). 2. Agreement with J.K. Miklin, Inc. (d.b.a. Yamada Enterprises) for library shelving services. DEPARTMENT CONTACT: Steve Didier 760-602-2014 steven.didierOcarlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • EXHIBIT I 1 RESOLUTION NO. 2015-218 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE AN AGREEMENT FOR LIBRARY SHELVING SERVICES WITH J.K. MIKUN, INC IN AN 4 AMOUNT NOT TO EXCEED $145,300 FOR THE LIBRARY RENOVATION PROJECTS, PROJECT NOS. 4020 AND 4030. 5 6 7 8 9 10 WHEREAS, City requires the professional services of a library shelving services contractor that is experienced in library shelving removal, inventory and reinstallation services for Library Renovation Projects Nos. 4020 and 4030; and WHEREAS, the Library & Cultural Arts Department solicited requests for proposals and 11 received two submittals from qualified firms; and ^2 WHEREAS, staff reviewed the submittals and negotiated an agreement with J.K. Miklin, Inc. (d.b.a. Yamada Enterprises), which staff recommends executing; and 14 WHEREAS, funding for the agreement is available in the project budgets for Library 15 1^ Renovation Projects Nos. 4020 and 4030. 17 NOW, THEREFORE, BE IT RESOLVED bythe City Council ofthe City of Carlsbad, California 18 asfollows: 19 1. That the above recitations are true and correct. 20 2. That the qualifications and price submitted by J.K. Miklin, Inc. (d.b.a., Yamada 21 Enterprises) for library shelving services are acceptable and the Mayor is hereby 22 authorized to execute a professional services agreement with J.K. Miklin, Inc. (d.b.a., 24 Yamada Enterprises) for a not to exceed amount of $145,300. 25 26 27 28 /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 25*^ day of August, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: IBARA ENGLESON, 6ity Clerk (SEAL) AGREEMENT FOR LIBRARY SHELVING REMOVAL, INVENTORY AND REINSTALLATION SERVICES J.K. MIKLIN, INC. (d.b.a. YAMADA ENTERPRISES) THIS AGREEMENT is made and entered into as of the o2'i5.-ff, day of Au~u.sC , 20 15', by and between the CITY OF CARLSBAD, a municipal corporatio , ("C1ty"), and J.K. M1klln, Inc. (d.b.a. Yamada Enterpnses), a Cahforma Corporation, ("Contractor"). RECITALS A. City requires the professional services of a library shelving services contractor that is experienced in library shelving removal, inventory and reinstallation services. B. Contractor has the necessary experience in providing professional services and advice related to the shelving service needs for the Library Renovation Projects Nos. 4020 and 4030. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the Agreement term will be a not to exceed amount of one hundred forty five thousand three hundred dollars ($145,300). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be City Attorney Approved Version 4/1/15 under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Sen/ices without prior written approval of City. If Contractor subcontracts any of the Sen/ices, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms ofthis Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Sen/ices. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will sun/ive the expiration or early termination ofthis Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the sen/ices by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V11"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. City Attorney Approved Version 4/1/15 10.1 Coveraqe and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. Ifthe submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liabiiity which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life ofthe Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions ofthis Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City resen/es the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version 4/1/15 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period ofthree (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the sen/ices will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Patrick McGarry Name Caesar Lara Title Civic Projects Manager Title Representative Department Public Works Address 16552 Burke Lane City of Carlsbad Huntington Beach, CA 92647 Address 405 Oak Avenue Phone No. 714-843-9882 Carlsbad, CA 92008 Email caesar@yamadaenterprises.com Phone No. 760-434-2949 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFUCT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Sen/ices by Contractor. Contractor will at all times obsen/e and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's sen/ices with all applicable laws, ordinances and regulations. City Attorney Approved Version 4/1/15 Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not othenwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Sen/ices, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and ofthe percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment ofthe Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation ofthis warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. City Attorney Approved Version 4/1/15 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms ofthe Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. // // // // // // City Attorney Approved Version 4/1/15 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) MAT Mayor (print name/title) ATTEST: (sign here) BARBARA ENGLESON L\n<3a BY/X\/^fW/>V\ S^dr<duVU City Clerk (print name/titlfe) j IGLESOrvT/^ / 1^ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Assistant City Attorne' City Attorney Approved Version 4/1/15 EXHIBIT "A" SCOPE OF SERVICES Shelving Removal, Inventory, Storage and Reinstallation All equipment, nnaterials and labor necessary to perform work will be provided by the Contractor. The installation labor for this project will be required to conform to prevailing wage laws. The Contractor must be registered with the Department of Industrial Relations. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 ofthe Labor Code, a current copy of applicable wage rates is on file in the Office ofthe City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution ofthe Contract. The Prime Contractor shall be responsible for insuring compliance with provisionsof section 1777.5 ofthe Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. The City acknowledges that labor under this agreement may be subcontracted. Contractor shall provide all pallets and equipment necessary for safe storage and transport of equipment as described below. Contractor shall manage, control and inventory all hardware (nuts, bolts, washers, etc.) removed from all shelving work as described below. Contractor's representative shall attend project meetings at the direction ofthe City's Civic Projects Manager to help coordinate schedules with other services and trades on the project site. Contractor shall provide structural calculations for all shelving installations prepared by a structural engineer based on California Building Code 2013. Structural engineering services will be subcontracted. This will be a deferred submittal to the City for permitting. Structural calculations shall be provided to the City for review in advance of installation of any shelving. Typical shelving equipment items (other equipment may be installed on some units and are to be relocated as well): Frames, bases, end caps, shelves, shelf ends, tops, book dividers, gussets, sliding trays, and flip doors. Storage location for shelving materials as directed: Farmer's Building, 5815 El Camino Real, Carlsbad, CA. Access to the Farmer's Building to be provided by City. Cole Library Scope of Work Work at the Cole Library will be done in two phases, one during Cole Library move out and the other later during construction at the direction of the City's Civic Projects Manager when the space is ready to reinstall shelving. Except as noted below, no shelving materials will be stored onsite during construction. There is a mix of shelving at the Cole Library that is compliant and non-compliant with current building code standards. Please note the different directions regarding either as detailed below. City Attorney Approved Version 4/1/15 Phase 1 Cole Ubrarv (September 1. 2015 through September 11.2015) 1. Removal of approximately 196 non-building code compliant double faced frame sections that are currently anchored to the floor will be removed and disposed of by the General Contractor. Contractor shall remove the end panels, shelves, book dividers, tops, and other equipment attached to the non-compliant frames and inventory by item type and transport to Farmer's Building for temporary storage. 2. Approximately 65 double faced sections of Genealogy shelving on second floor west end to remain in place. Contractor to remove end panels and inventory by item type and transport to Farmer's Building for temporary storage. 3. Contractor shall remove approximately 78 single faced sections and end panels of wall mounted shelving sections as indicated on the shelving plans. Contractor shall remove all frames, bases, gussets, shelves, book dividers, tops, end panels and any other peripheral equipment. Inventory by item type, size and color, pallet, and transport to Farmer's Building for temporary storage. 4. Contractor shall remove approximately 38 single and double faced sections and end panels of building code compliant sections that are currently anchored to the floor and wall as indicated on the shelving plans. Remove all frames, bases, gussets, shelves, book dividers, tops, end panels and any other peripheral equipment. Inventory by item type, size and color, pallet, and transport to Farmer's Building for temporary storage. 5. All wall mounted wood shelving to remain in place or to be managed by the General Contractor. Phase 2 Cole Ubrarv (Estimated completion December/Januarv 2015: specific dates to be determined bv the Citv's Civic Proiects Manager) 1. Contractor shall remove approximately 172 single and double faced sections and end panels of various heights that are currently anchored to the floor and wall from the Dove Ubrary as indicated on the shelving plans. Contractor shall remove all frames, bases, gussets, shelves, book dividers, tops, end panels and any other peripheral equipment. Inventory by item type, size and color, pallet, and transport to Farmer's Building for temporary storage. Approximately 94 single and double faced sections will be relocated by the Contractor directly to the Cole Ubrary for installation as described below and shown on the attached shelving plans. Approximately 78 single and double faced sections will be removed, inventoried and stored at the Farmers Building by the Contractor until they are ready to be installed back into the Dove Ubrary in May 2016. 2. Contractor shall deliver and reinstall approximately 277 single and double faced sections of wall and floor mounted shelving of various sizes per plans and specifications and to current building code standards. Approximately 94 sections will be from the building code compliant inventory moved by the Contractor directly from the Dove Library as noted above. Approximately 38 sections will be from the building code compliant inventory removed from the Cole Library in early September as noted above. Approximately 78 sections will be from the wall mounted shelf inventory removed from the Cole Ubrary in early September as noted above. The remainder, approximately 67 sections, will be from additional Farmer's Building inventory. Contractor shall install shelving with all associated frames, bases, gussets, shelves, book dividers, tops, end panels and other peripheral shelving equipment for a complete installation. Contractor shall provide install shop drawings indicating shelving type, size and color, including end panels, for review by the City prior to installation. Contractor will cut down any shelving materials to size for installation as noted on the plans. City Attorney Approved Version 4/1/15 Dove Library Scope of Work (Estimated completion May 2016; specific dates to be determined by City's Civic Projects Manager) Deliver and install approximately 78 single and double faced sections of wall and floor mounted shelving as marked on the shelving plans from the Farmer's Building. Install with all associated frames, bases, gussets, shelves, book dividers, tops, end panels and any other peripheral equipment for a complete installation. Contractor to provide install shop drawings indicating shelving type, size and color, including end panels, for review by the City prior to installation. Service Fee and Payment Terms The total fee payable for the Services to be performed under this Agreement shall not exceed $145,300. Contractor may invoice the City for services performed after each phase ofthe work is completed as described above. City Attorney Approved Version 4/1/15 10 CALIFORNiA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docunnent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 08/07/15 before me, Beth A. Hamilton. Notary Public Date Hem Insert Name and Title of the Officer personally appeared Linda Braverman Name(s) of S/gnerfsj who proved to me on the basis of satisfactory evidence to be the person(ai5 whose name(K) \s/xm subscribed to the within instrument and acknowledged to me that toe/she/tkiey executed the same in )tXJ«/her/a>t«i>c authorized capacity^, and that by)bte/her/16(a(ixsignatureCi) on the instrument the person(x), or the entity upon behalf of which the person(8) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i BETHA.HAIMUON Cl>lWilHllWI#t10>4S0 MoMryNMte-CtWoraia Orangi County WITNESS my hand and official seal. Signature. Signature of Notary Public Place Notary Seal Above — OPTIONAL Ttiough this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docum^eement for Library Shelving Removal, Title or Type of Document: inventory & Reinstallation Seroices Document Date: 08/07/15 Number of Pages: 9 Signer(s) Other Than Named Above: None Capacity{ies) Claimed by Signer(s) Signer's Name: Linda Braverman "Signer's Name: [Xl Corporate Officer — Title(s): President • Co?pet^ Officer — Title • Partner - • Limited • General Ll Partner^^^^l^iJ.^ [ • Individual • Attorney in Fact • Individual cg-AttorseSTin Fact ri Trustee j Guardian or Conservator • Trustee ja-GuaitHaa or Conservator LJ Other: • Other: Signer Is Representing: Yamada Enterprises Signgt-lsTiepresenting: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS OF J.K. MIKLIN, INC. DBA YAMADA ENTERPRISES I. TIMF, AND PLACE Following are the minutes ofthe annual meetmg ofthe board of directors of J.K. Miklin, Inc a Califomia corporation, DBA Yamada Enterprises, held January 6 20^ at 16552 Biirke Lane, Huntington Beach, CA 92647, the place designated by the Board of Directors. The meeting was called to order at 10:00 A.M. Linda L. Braverman, the sole director was present. Also attending was Michael J. Scheffler, former Director. The meeting was called to order by Linda L. Braverman, who acted as Chairman and Secretary. II. APPROVAL OF THF. MINUTES The Secretary reported that the Board of Directors held an annual meeting on Januarv 7 2013 and minutes were prepared and were distributed. There bemg t^o CO—s'concerning them, and upon motion duly made, seconded and unanimously carried, it was: RESOLVED that the minutes ofthe Amiual Meeting ofthe Board of Directors held on January 7, 2013 are hereby approved, or reaffirmed. HI. FLECTION OF OFFICERS The following nominations for officers ofthe corporation to serve for one year or until their successors are elected and are qualified, were made and approved: „ ^ Linda L. Braverman President Linda L. Braverman Secretary Chief Financial Officer Li^da L. Braverman IV. FINANCIALS ') The Secretary then distributed a copy of the Corporation's last balance sheet and income statement. These were reviewed and discussed and upon motion duly made, seconded and unanimously carried, it was RESOLVED that, based on the corporation's financial results, no changes or shifts in focus for the corporation shall take place, at this time. V. ADJOURNMENT There being no further business, the meeting was adjourned at 11:00 A.M. DATED: January 6, 2014 Linda L. Braverman, Secretary ATTEST: Linda L. Braverman, President YAMADA/A86 WRITTEN CONSENT IN LIEU OF THE ANNUAL MEETING OFTHE SHAREHOLDERS OF J.K. MIKLIN, INC. DBA YAMADA ENTERPRISES The undersigned, constituting all of the shareholders of J.K. Miklin, Inc., dba Yamada Enterprises, do hereby consent to and adopt the following resolutions: RESOLVED that Section 3.02 of the By-laws is hereby aniended to reduce the number of directors from three (3) to one (1). RESOLVED that the shareholders hereby elect to have the Corporation become a Subchapter S Corporation, and that the officers and directors are authorized to take the necessary steps to effectuate the election and to prepare, file, and distribute all required statements. RESOLVED that the following persons are elected as directors of this Corporation, to hold office until the next annual meeting of shareholders and the election of their successors: Linda L. Braverman RESOLVED FURTHER that all proceedings of the Board of Directors taken since the last meeting of the shareholders, and all acts previously taken by members of the Board of Directors or by officers of this Corporation, are hereby ratified and approved in all respects. DATED: January 6, 2014 ' Linda L. Braverman Yamada/A87 (7 CERTIFICATE OF AMENDMENT TO THE BYLAWS OF J.K. MIKLIN, INC. DBA YAMADA ENTERPRISES The undersigned, secretary of J.K. Miklin, Inc., dba Yamada Enterprises, hereby certifies: On January 6, 2014 the shareholders of the Corporation amended Section 3.02 (Nxmiber and Qualification of Directors) of the Bylaws by Written Consent to change the authorized number of directors from three (3) to one (1) as follows: The authorized number of directors shall be one (1) until changed by an amendment to this Bylaw adopted by the vote or written consent of holders of a majority of shares entitled to vote; provided, however, that an amendment reducing the number of directors to a number less than five (5) cannot be adopted if the votes cast against its adoption at a meeting, or the shares not consenting in the case of action by written consent, are equal to more than skteen and two thirds percent (16-2/3%) of the outstanding shares entitled to vote. Directors need not be shareholders. DATED: January 7, 2013 Linda L. Braverman Yamada/A88