Loading...
1979-395RESOLUTION NO. 79R-395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL LABOR AND 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 (1978 -79). 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 May llth and May 18th, 1978, 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. 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 May, 1978; and WHEREAS, on May 25, 1978, 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 6th day of June, 1978, 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, was the lowest responsible proposal submitted for the furnishing of all labor and equip- ment 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, refuse and dirt, which said contract was duly made and entered into on the 29th day of June, 1978; and -1- WHEREAS, said 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 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 herein above 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 liabil- ities 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 adopted by the City Council of the City of Anaheim t is d day of July, 1979. P ATTEST: dIA&L_J JO Ale' CITY LERK OF THE TY OF ANAHEIM JLW: j h MAYOR OF TH OF ANA -2- 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. 79R -395 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 3rd day of July, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -395 on the 3rd day of July, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of July, 1979. (SEAL) CITY CL OF THE CITY F ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -395 duly passed and adopted by the Anaheim City Council on July 3, °1979.