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63-0651RESOLUTION NO. 63R- 651 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 CUTTING AND REMOVAL OF ALL WEEDS AND RANK GROWTH UPON ALL LOTS AND AREAS WITHIN THE CITY OF ANAHEIM, WORK ORDER NO. 419 -8.0. 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 the llth and 18th days of April, 1963, a notice inviting sealed proposals for furnishing the following: All labor and equipment to cut and remove all weeds and rank growth upon all lots and areas within the City of Anaheim as directed by the Director of Public Works and Superintendent of Streets, Work Order No. 419 -8.0. which said notice specified that sealed proposals would be received up until 2:00 o'clock P.M. on the 25th day of April, 1963, 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 prevailing rate of wages for each type of laborer needed to execute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on April 25, 1963 at 2:00 o'clock P.M. the City Clerk and the Director of Public Works and Superintendent of Streets of the City of Anaheim did open said sealed pro- posals received up to that time for the furnishing of all labor and equipment to cut and remove said weeds and rank growth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the Director of Public Works and Superintendent of Streets 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 30th day of April, 1963, at the hour of 3:00 o'clock P.M. consider the sealed proposals submitted for furnishing the labor and materials and performing the work hereinabove more particularly des- cribed and set forth, and did thereupon find and determine that the sealed proposal submitted by E G ENGINEERS, INC., 9201 Imperial Street, Garden Grove, California, was the lowest responsible proposal submitted for the furnishing of all labor and equipment to cut and remove said weeds and rank growth as specified in the notice inviting sealed proposals, and there- upon accepted said bid and did award a contract to said E G ENGINEERS, INC., for furnishing all labor and equipment to cut and remove said weeds and rank growth, which said contract was duly made and entered into on the 1st day of May, 1963; and WHEREAS, said E G ENGINEERS, 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 it by the City; and the Director of Public Works and Superintendent of Streets 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 des- cribed 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 weeds and rank growth 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 docu- ments, and that the balance due said contractor for said work be paid to it 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 me this 30th day of July, 1963. -2- STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 63R -651 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 30th day of July, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Krein and Chandler, NOES: COUNCILMEN: None ABSENT: COUNCILMAN: Coons AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said Resolution No. 63R -651 on the 30th day of July, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 30th day of July, 1963. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM