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87-316RESOLUTION NO. 87R-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL LABOR, SERVICES, EQUIPMENT TO CUT AND REMOVE RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET, IN THE CITY OF ANAHEIM, AS DIRECTED BY THE CHIEF OF THE FIRE DEPARTMENT, ACCOUNT NO. 01-202-6320. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the llth and the 18th of April, 1985, inviting sealed proposals for furnishing tile following: All labor, services and equipment to cut and remove all rank growth and weeds and remove rubbish, refuse and dirt upon any parcel or parcels of real property or any public street in the City of Anaheim, as directed by the Chief of the Fire Department, Account No. 01-202-6320, which said notice specified that sealed proposals would be received up until 2:00 o'clock p.m. on the 25th day of April, 1985; and WHEREAS, on the 2Sth day of April, 1985, at the hour of 2:00 o'clock P.M., the City Clerk and the Chief of the Fire Department of the City of Anaheim did open in public in the City Council Chamber in the Anaheim Civic Center said sealed proposals received up to that time for the furnishing of all labor, services and equipment to cut and remove said rank growth and weeds and remove rubbish, refuse and dirt, and the Chief of the Fire Department 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 next regular meeting, held on the 4th day of May, 1985, consider the sealed proposals submitted for furnishing the labor, services and equipment, and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by EDWIN WEBBER, INC., was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said contractor for furnishing all labor, services and equipment and performing all work necessary to construct and complete, in a good and workmanlike manner, which said contract was duly made and entered into on the 4th day of May, 1985; and WHEREAS, EDWIN WEBBER, INC. has furnished all labor, services and equipment and has performed all work as specified in the contract and contract documents duly made and entered into with him, and the Chief of the Fire Department has duly certified to the completion of said work in accordance with said contract and contract documents; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all labor, services and equipment and the performance of all work necessary to, in a good and workmanlike manner, in strict accordance with the contract and contract documents, the cutting and removal of said rank growth and weeds and removal of rubbish, refuse and dirt hereinabove referred to, in the City of Anaheim, by said contractor, be, and the same are hereby, accepted subject, nevertheless, to all the terms, conditions and provisions of said contract and contract documents, and said work to be paid him thirty-five (35) days after final acceptance and the filing of notice of completion of said work as 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 payment 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 relatng to the work or any act or neglect of the City, it officers, agents and employees, excepting only claims against the City for amounts withheld by the City at the time of such payment. BE IT FURTHER RESOLVED that the Mayor be, and he is hereby, authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of July , 1987. MAYOR OF THE BEIM ATTEST: ~----CITY CLERK ITY OF ANAHEIM /jb 6383M 072187 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-316 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of 0uly, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-316 on the 28th day of July, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of July, 1987. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-316 duly passed and adopted by the Anaheim City Council on July 28, 1987. ~.CITY OF THE FY OF ANAHEIM CLERK