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1977-447RESOLUTION NO. 77R- 447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL LABOR, SERVICES AND EQUIPMENT NECESSARY TO COMPLETE THE CUT- TING AND REMOVAL OF ALL RANK GROWTH AND WEEDS, AND REMOVAL OF RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 322 -297. (1976 -1977) 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 February 19th and February 26th, 1976, a notice inviting sealed proposals for furnishing the following: All labor 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. 322 -297. which said notice specified that sealed proposals would be received up until the hour of 2:00 o'clock P.M. on the 4th day of March, 1976; and WHEREAS, on March 4, 1976, at 2:00 o'clock P.M., the City Clerk and the Chief of the Fire Department of the City of Anaheim did open said sealed proposals received up to that time for the furnishing of all labor and equipment to cut and remove said rank growth and weeds and remove rubbish, refuse and dirt, in public in the City Council Chamber in the City Hall, Anaheim, California, 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 9th day of March, 1976, at the hour of 1 :30 o'clock P.M. consider the sealed proposals submitted for furnishing the labor and materials 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., 8472 Rembrandt Drive, Huntington Beach, California 92647, was the lowest responsible proposal submitted for the furnishing of all labor and equipment to cut and remove said rank growth and weeds and remove rubbish, refuse and dirt, as specified in the notice inviting sealed proposals, and thereupon accepted said bid and did award a contract to said Edwin Webber, Inc. for furnishing all labor and equipment to cut and remove said rank growth and weeds and remove rubbish, -1- refuse and dirt, which said contract was duly made and entered into on the 12th day of March, 1976; and WHEREAS, said Edwin Webber, Inc. has furnished all labor, services and equipment and has performed all work as specified into with him by the City, and the Chief of the Fire Department has duly certified to the completion of said work in accordance with said contract documents; and WHEREAS, the City Council finds that said contractor has completed said work 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. NOW, 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 complete, 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 that the balance due said contractor for said work be paid to him thirty -five (35) days after final acceptance and the filing of notice of completion of said work 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 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 this 21st day of June, 1977. ATTEST: /2 CITY LERK ulF THE CITY OF ANAHEIM IN:jh -2- c MAY •F THE C Y F ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -447 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 21st day of June, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL? EMBERS: None ABSENT: COUNCIL MEMBERS: Rath AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 77R -447 on the 21st day of June, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of June 1977. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -447 duly passed and adopted by the Anaheim City Council on the 21st day of June, 1977. CITY CLERK