63-0927RESOLUTION NO. 63R- 927
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION
OF THAT PORTION OF WORK ORDER NO. 4502
DESCRIBED AS FOLLOWS: ITEM #2, WOOD SHELVING
SECTION #2 OF SPECIFICATIONS LIBRARY SHELVING
AND FIXTURES, FOR THE ANAHEIM CENTRAL LIBRARY
AT BROADWAY AND HARBOR BOULEVARD, IN THE CITY
OF ANAHEIM.
WHEREAS, the City Council of the City of Anaheim did
cause to be published in a newspaper of general circulation,
printed, published and circulated in the City of Anaheim, to wit:
The Anaheim Bulletin, on November 6th and 13th, 1962, a notice
inviting sealed proposals for furnishing the following:
All work, labor and materials for the construction and
installation of wood and metal shelving and for the
construction and installation of cabinet work, and the
furnishing and installation of all furniture and fixtures
for the Anaheim Central Library located at the southwest
corner of Broadway and Harbor Boulevard in the City of
Anaheim, in accordance with the plans and specifications
prepared by Joe Jordan and Associates, Architects, and on
file in the office of the City Clerk and City Engineer,
Work Order No. 4502.
in accordance with the specifications prepared by Joe Jordan and
Associates, Architects, and the notice inviting sealed proposals,
which said notice specified that sealed proposals as specified
in said notice would be received up until 2:00 o'clock P.M. of
the 29th day of November, 1962, and which said notice did state
and declare that, pursuant to the provisions of Section 1770 of
the Labor Code, the City Council of the City of Anaheim had
ascertained the prevailing rate of wages for each type of labor
needed to execute said contract and did set forth the prevailing
hourly wage scale so ascertained; and
WHEREAS, on November 29, 1962, at the hour of 2:00 o'clock
P.M., the City Clerk and City Engineer did open said sealed pro-
posals received up to that time for the furnishing of all work,
labor and materials for the construction and installation of wood
and metal shelving and for the construction and installation of
cabinet work, and the furnishing and installation of all furni-
ture and fixtures for the Anaheim Central Library, located at
the southwest corner of Broadway and Harbor Boulevard in the City
of Anaheim, in accordance with the plans and specifications pre-
pared by Joe Jordan and Associates, Architects, and on file in
the Office of the City Clerk or City Engineer, in public, in the
City Council Chamber in the City Hall, Anaheim, California, and
the City Engineer did tabulate the result of said sealed proposals
and did make a report to the City Council at its next regular
meeting; and
WHEREAS, the City Council of the City of Anaheim did, at
its regular meeting, held on the llth day of December, 1962, at
the hour of 3:00 o clock P.M., consider the sealed proposals sub-
mitted for furnishing the materials and performing the work
hereinabove more particularly described and set forth, and did
thereupon find and determine that the sealed proposal submitted
by AUSTIN BENTLEY COMPANY, a California Corporation, 529 North
La Cienega Boulevard, Los Angeles 48, California, for the
furnishing, installation and completion of that portion of said
library shelving, cabinets, furniture and fixtures described as
follows:
Item #2, Wood Shelving Section #2 of Specifications
Library Shelving and Fixtures,
was the lowest responsible proposal submitted therefor, and
thereupon accepted said bid and did award a contract to said
AUSTIN BENTLEY COMPANY for furnishing said wood shelving and all
labor, services, materials and equipment necessary to install the
same in a good and workmanlike manner, in strict accordance with
the specifications therefor, and did authorize the Mayor and the
City Clerk of the City of Anaheim to execute a contract for and
on behalf of the City of Anaheim with AUSTIN BENTLEY COMPANY,
which said contract was duly made and entered into on the 21st
day of January, 1963; and
WHEREAS, the said AUSTIN BENTLEY COMPANY has furnished
all labor, services, materials and equipment necessary for the
installation of said wood shelving and completion of said work
in a good and workmanlike manner, in strict accordance with the
specifications therefor and as specified in the notice inviting
sealed proposals, and the contract made and entered into with
it by the City of Anaheim; and
WHEREAS, the Director of Public Works has duly certified
to the construction and completion of that portion of said public
improvement hereinabove mentioned and described, in accordance
with the specifications and the contract documents duly made and
entered into with said AUSTIN BENTLEY COMPANY; and
WHEREAS, the City Council, finds that said contractor
has completed said portion of said public improvement hereinabove
more particularly described in accordance with the provisions of
the contract and the contract documents, and that notice of
completion of said portion should be filed and payment of the
balance due said contractor authorized in accordance with the
contract documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all of said library wood shelving de-
scribed as Item #2, Wood Shelving Section #2 of Specifications
Library Shelving and Fixtures, Work Order No. 4502, and all labor,
services, materials and equipment and the performance of all work
necessary to install said shelving and complete, in a good and
workmanlike manner, in strict accordance with the specifications
therefor on file in the Office of the City Clerk or City Engineer,
said portion of said public improvement by said contractor, be,
and the same are hereby accepted, subject, nevertheless, to all
the terms, conditions and provisions of the contract documents,
and that the balance due said contractor for said work be paid
to it thirty -five (35) days from and after final acceptance of
said wood shelving and work as evidenced by the adoption of this
resolution, but not sooner than thirty (30) days from and after
the date of the filing of notice of completion, excepting only
such sum or sums as may lawfully be withheld in accordance with
the provisions of said contract and contract documents. That
acceptance by the contractor of said payments made in accordance
with said final estimate shall operate and shall be a release to
the City of Anaheim, its officers, agents and employees from
all claims and liabilities due the contractor for anything done
or furnished or withheld or for anything relating to the work
or any act or neglect of the City, its officers, agents and
employees, excepting only claims against the City for any amounts
withheld by the City at the time of such payment.
AND BE IT FURTHER RESOLVED that the Mayor and the City
Clerk of the City of Anaheim be, and they are hereby authorized
to execute and file a notice of completion of said work as
required by law.
THE FOREGOING RESOLUTION is approved and signed by me
this 26th day of November, 1963.
ATTEST:
r' d
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was introduced
and adopted at a regular meeting provided by law of the City
Council of the City of Anaheim, held on the 26th day of November,
1963, by the following vote:
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 26th day of
November, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 26th day
of November, 1963.
CITY CLERK OF THE CITY OF ANAHEIM