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63-0975RESOLUTION NO. 63R- 975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF THAT PORTION OF WORK ORDER NO. 4502 SHELVING DESCRIBED AS FOLLOWS: ITEM #3, METAL 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 aBedleroposalsNformfurnishingdtheta notice following: inviting P All work, labor and materials shelving installation of wood construction and its tal lation 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 ile n off icerofnthedCityoClerksand Architects, CityEngi neer, file in 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 otclock 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 prevai ling rate of wages for each type of labor needed to execute said contract and did set for th the prevai 1 ing hourly wage scale so ascertained; and WHEREAS, on November 29, 1962, at the hour of 2 :00 otclock P.M., the City Clerk and City Engineer did open said sealed pro- posals received up to that time for the furn ish ing 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, Cal ifor nia and and did Engineer a report tabulate Council at sealed proposals regular and did m P 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 fmoTesparticularly materials described and set forth, work th, and did hereinabove more p thereupon find and determine that the sealed proposal submitted by ESTEY CORPORATION, One Catherine Street, Red Bank, New Jersey, for the furnishing, installation and completion of that portion of said 1 ibrary shelving, cabinets, furn itur a and fixtures des- cribed as follows: ,Item #3, Metal 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 ESTEY CORPORATION for furnishing said metal 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 ESTEY CORPORATION, which said contract was duly made and entered into on the 1st day of' February, 1963; and WHEREAS, the said ESTEY CORPORATION has furn ishe d all labor, services, materials and equipment necessary for the installation of' said metal s helving 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 Publ is Works has duly certified to the construction and completion of that portion of said publ is improvement here inabove mentioned and described, in accordance with the speci f icat ions and the contract documents duly made and entered into with said ESTEY CORPORATION; and WHEREAS, the City Counc i 1 finds that said cont has completed said portion of said pubs is improvement her more particularly described in accordance with the provis the contract and the contract documents, and that notice completion of said portion should be fi led and payment of balance due said contractor authorized in accordance with contract documents. ractor e inabove ions of of the the NOW, THE REFORE, BE IT RESOLVED by the City Counc i 1 of the City of Anaheim that al 1 of said 1 ibrary metal shelving de- scribed as Item #3, Metal Shelving Section #2 of Specifications Library Shelving and Fixtures, Work Order No. 14502, 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, neverthe less, to al 1 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 metal 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 f i 1 ing 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 al 1 claims and i iabil itie s due the con tractor or furnished or withheld or for anyth ing re la or any act or neglect of the City, its officer employees, excepting only claims against the C wi thhe ld by the City at the time of such payme AND BE IT FURTHER RESOLVED that the Clerk of the City of Anaheim be, and they are to execute and file a notice of completion of requ ired by law. THE FOREGOING RESOLUTION is approved and signed by me this 10th day of December, 1963 employees from for anyth ing done ing to the work s, agents and ity for any amounts nt. Mayor and the City hereby au thor ized said work as STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIANS City Clerk of the City of Anahe im, do hereby certify that the forego ing resolution was introduced and adopted at a regular meeting provided by law of the City Counc i 1 of the City of' Anaheim, held on the 10th day of December, 1963, by the following vote: AYES: COUNCILMEN Dutton, Chandler, Krein and Coons NOES COUNCILMEN: None ABSENT COUNCILMEN Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 10th day of December, 1963. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of December, 1963. (SEAL CLE OF THE CITY OF ANAH M