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88-277RESOLUTION NO. 88R-277 A RESOLUTION OF THE CITY COONCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL LABOR, SERVICES, EQUIPMENT TO CUT AND REblOVE 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. 01-202-0320. 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 13th and the 20th days of April, 1987, inviting sealed proposals for furnishing the 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 received up mntil 1987, and specified that sealed proposals would be 2:00 o'clock p.m. on the 30th day of April, WHEREAS, the 30th day of April, 1987, 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 tile 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 19th day of May, 1987, 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 13th day of July, 1987; and WItEREAS, 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 tile 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, 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 (3S) 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 relating to the work or any act or neglect of the City, its officers, agents and employees, excepting only Maims against the City for amounts withheld by the City at the time of such payment. AND 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 day of , 19. 12th July, 1988. MAYOR OF THE CITY OFIANAHEIM ATTEST: CITY' CLERK OF THE CITY OF ANAHEIM CLERK STATE OF CAJ~IFORNiA ) COUNTY OF OP~kNGE ) ss. CITY OF ~kNA~HEiM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-277 was introduced and adopted at a regular meetSng provided by law, of the City Council of the City of Anaheim held on the 12th day of July, 1988, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay None Pickler AND I FURTHFJ~ certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-277 on the 13th day of July, 1988. iN WITNESS WHEfLEOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of July, 1988. CiTY CLEF~ OP' '£M~ Ci'£Y OF ANA_HEIM (SEAL) I, LEONORA N. SONL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-277 duly passed and adopted by the Anaheim City Council on July 12, 1988. CITY CLEP. K OF THE CiTY OF A_NAHEiM