The record-union., 1892-03-22

SEC. 90. All proposals shall be made upon
prlnted forms to be prepared by tie board and
proposals offered shall be accompanied bva.
check, certified by a responsible bank naya
pie TO The order of the Clerk of the board for
an amount not less than ten per cent OF tha
aggregate of the proposal, and no pronosaI
snail be considered unless accompanied nv
snch Il check. No person, corporation or firm
shal De allowed To make, tile or be interested
IN more than one bid for the same work n
on the opening of said bids more than one bid
@ppesl s,M 81 II, IN WhlcD the same person, corpora
rejected
SEC 81. On the day and at tue hour spe,i-
led III said notice inviting sealed pyop6snIs
the board shall assemble and remain in ses-
sion for at least one hour thereafter and aIl
@ @pius snall oe delivered to the board by the
bldoer or his agent before the expiration OF
the hour named III the advertisement No
bid not so delivered TO the board shalt be con-
sldered. Each bid as il shall be received shall
pc numbered and marked Filled" by the Citv
clerk ana authenticated by his signature AZ
Inc expiration OF the hour stated IN the ad yer.
tlsement within which the bids will be re-
celVed, The board shall, in open session, open,
examine and publicly declare the same and
an abstract OF each bid shall be recorded iu
l1e minutes OF the board by the Clerk. Before
adlournlng the board shall compare the bids
with the record made by the City Clerk, and
shall, thereupon. at said time, or at such other
time, not exceeding twenty days thereafter.
as tire board may adjourn to, award the CON-
tract to the lowest bidder except as other-'
wise herein provided. Notice ofsuch award
ClerK OF the board In some conspicous place
IN the Office of the board. The board may re-
Ject any and all bids 5and must reject the bid
OF any party who has been DELINQUENT or un1
faithful in any former contract with the cityy
and all bids other than the lowest regular bid:
and on accepting said lowest bid, shall there
upon return 10 the proper parties the checks
corresponding to the bids rejected Ii al the
bids are rejected, the board Shall return all
yite sealed proposals as IN the first instance.
The check accompanying the accepted bid
snail be held by the Clerk OF the board until
inc contract fOr doing said work, as herein-
after provided, has beer entered into, where
upon said certified check sEa be returned TO
said bidder. II said bidder fails or refuses to
enter into the contract TO do said work an
hereinafter provided, then the certified check
accompanying his bid, and the amount
therein mentioned, shall be forfeited to the
CITY, ana shall be collected and paid into the
street fund. The board shall have no power
20 relieve from or remit such forfeiture
SEC 6S II at any time it Shall be found that
the person to whom contract has been
awarded has, in presenting any bid or bids,
coIluded with any other party or parties for
the purpose or preventing any other bid being
MAGE, then the contract so awarded shall be-
null and void, and no recovery shall be had
thereon, and the board shall advertise for u
new contract for said work.
SEC. 90. All contracts shall be drawn under
the supervision O. the City Attorney and shall
contain detailed specifications of the work 10
De done, the manner in which it shall be eXe-
cuted, and the quality OF the materials to be
used. No change or notifications in the
plans or specifications shall be made after pro-
poeatS Tor doing the work nave been called
Tor. Every contract entered into by the board
shall be signed by the President thereof and
by the other contracting party. All contracts
shall be signed in duplicate, one OF which.
with specifications and drawings, if any OF
the work to be done, and the materials to ba
furnished. Shall be Med with the board and
the other, with said specifications and draw
ingS, shall be delivered 10 the contractor. At
the same time with the execution OF said con-
tract, said contractor shall execute TO said
n EEa urd
bond in the sum named in the notice for pro-
posals, with two or more sufficient Sureties to-
be approved by the board, shall deposit
with the City Clerk certified check upon
some solvent bank for said amount, for the
faithful performance of said contract. No
surety on any BOND shall be taken unless ha
be a resident and householder or freeholder
within the State and worth the sum
specified in the bond over and above
ali his just debts and liabilities exclusive Of
property exempt from execution; and each
surety shall Justify and make and sign an
affidavit to that effect, OF which affidavit ID
form shall be printed upon the bond. But
when the amount specified in the bond ex-
ceeds three thousand dollars, and there are
more than two sureties thereon they NAV
state in their affidavit that they are severally
worth amounts less than that expressed in the
bond if the whole amount be the equivalent OF
two sufficient suIeties. The contract shall
specify the time within which the work shall
be commenced, and when to be completed. as
was specified III the notice Inviting proposals
therefor. The board may CXicnd said time,
but in no event for more than ninety days be-
yOnd the time originally riXed for its comDle-
ton. In case OF failure on the part of the con-
tractor to complete his contract within the
time fixed in the contract. or within such eN-
tension OF said time as is herein provided, his
contract shall be void, and the board shall not
pay or allow To him any com lenSNton for any
work done by him under said CONTRACTS beyond
such sum as, in the Judgment of the board the
work done is actually worth 10 the city, less
the detriment suffered by the city by such loss
of time III the com pletOn of the work
SEC. 70. Inc Board OF trustees is hereby au-
thoriZed to adopt, establish and maintain q
system of levees, canals and drainage, and to-
construct and maintain the works necessary
thereto; and to repair, maintain, construct
and control all leVees, canals and other works
necessary TO the protection OF the city The
Board OF Trustees is hereby declared to be the
legal representatives and successors of the
mentO, and OF the Board of Levee Commits
sioners of the City of sacramento in all mat
ters pertaining TO the Sacramento Damage
Canal, and in all matters pertaining to any
canal or drains for the drainage OF the city,
and in all matters pertaining 10 the leVees in
the city, and in all matters pertaining to all
the levees, canals and other works which said
city has adopted or constructed or shall here
after adopt or construct as part OF its system
of leyees or drainage and the Board of Trus-
tees snail IN addition 10 the other powers
granted 10 them, also, have power to dredge,
or In any other manner deemed eXpedient to
keep clear the channels of the Sacramento and
American Rivers adjacent to the city and to
build any dam, boom, weir, wharf jetty or
other works either i'll the County OF Yolo or in
OF said countits, as in the opinion OF said
board may be necessary TO keep the channel
of the Sacramento River, in front of the
CITY, free ana open for the navigation of first
class steamboats,; and said board may cut or
dig any canal, ditch, slough or outlet in either
OF SAID counties, and may use all other means
ana appliances whatever that may BE- neces-
sary TO keep the Sacramento River naVigable
in front of the city, to provide proper drain
age for the city, and to guard any and all
lands within said city from inundation. The
purposes for which any and ali the works in
this section mentioned, are or are to be con-
stfucted are hereby declared public uses, and
the City of Sacramento is hereby authorized
TO proceed, at any time under the provisions
of the statutes for that purpose, TO condemn
for such use any and all property necessary
TO the construction and maintenance of such
works; provided, however, no system or plan
for any of the work in this section authorized
to be performed shall be adopted by Said
board which will cost over twenty thousand
dollars, unless such plan shall be first SUBJ
mitted to and ratified by a vote oft the electors
OF said city; and provided further, that any
plan is adopted involving the expenditure of
more than twenty thousand dollars, the
money required TO carry out such plan shall
be raised either by the issuance of bonds or by
direct Taxation, az the electors at such election
may determine.
SEC. II. The City of Sacramento ray make
such contracts with any swamp land, leVce or
reclamation district now in existence or here
after 10 lie formed or with any person or body
polite or corporate, whereby each may bo
compelled to contribute its proper quota to-
wards any works necessary TO be constructed
outside of said city. II any levce, or any sys-
tenn OF drainage projected, constructed nain-
tained, or kept III repair by sand city, shall be
beneficial TO any levee, swamp land, or reclaim
alton district, such district shall contributeits
just quota TO the payment of the expense Of
such construction, maintenance and repair.
The amounts TO he paid respectively by said
city and said districts, shall be fixed by the
agreement of the respective Boards of Trus-
tees of said city and districts. Ia case tha
Boards of Trustees cannot agree, the Superior
court of said county must ON the petition OF