The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-04-08


SEC. 90. All proposals shall be made upon
printed forms to be prepared by the board and
ltl[hlshed giatultously upon application. All
proposals oHered shall be accom- panied by !
cneck, certified by a RESPONSE BILE bank pava-
PIE 10 the order OF the Clerk of the board Tor
an amount not less than ten per cent OF tha
aggregate OF the proposal, and no PROPOSAL
snail be considered unless accom- panied by
s1cn check No person, corporation or firm
shaii DE allowed To make, 1le or be interested
IN more than one bid for the same work. II
on the opening of said bids more than one bid
appear IN which the same person. corpora
rejected
SEC. 81. On the day and al the hour spect-
ned IN SAID notice inviting sealed proposals
the board shall assemble and remain in ses-
sion for at least one hour thereafter aud an
bids shall be delivered TO the board by the
bidder or his agent before the expiration OF
the hour named in the advertisement No
DID not so delivered to the board shall be con-
sldered. Each bid rs it shalt be received shall
De numbered and marked Filled" by the City
Clerk and authenticated by his signature At
the expiration OF the hour stated in the adYer-
tsenent 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 in
the minutes of the board by the Clerk Before
adJournlng the board shall compare the bids
win the record made by the City Clerk and
shall, thereuponi at said time, or ut such other
tIiie, noJ exceeding twenty days thereafter,
as the board may adjourn 10, award the con-
tract To the lowest bidder, except as other
wise herein provided. Notice Ofsuch award
snail forthwith be posted for i've days by the
Clerk Of the board in some conspicnns 'nlaes
IN the Office OF the board. The board may re-
Jcct any and al bids, and must reject the bid
OF any party who has been delinquent or un4
ialthiul IN any former contract with the city,
and all bids other than the lowest regular bid:
ana on accepting said lowest bid, shall there
upon return TO the proper parties the checks
corresponding to the bids rejected II all the
bids are rejected, the board shall return all
the checks 10 the proper parties. ana again in
Xlte sealed proposals. as in the first instance,
The check accompanying the accepted bid
| q no IL
the contract for doing said work as herein-
after prov ided, has been entered into, where
upon SAID certified check shall be returned to-
saio pldoef II sald bidder iails or refuses to
enter into the contract 10 do said work as
hereinafter provided, then the certified check
accompanying his bid, and the amount
therein mentioned, shall be forfeited 10 the
city, and shall be collected and paid into the
street fund. The board shall have no power
10 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 of preventing any other bid being
made, then the contract so awarded shall b9
nun ana VOID, and no recovery snail be had
thereon, and the board Shall advertise for a
new contract for said work,
SEC. SO. All contracts shall be drawn under
the supervision OF the City Attorney and shall
contain detailed specifications of the work .o
be done, the manner in which il shall be exc
cuted, and the quality OF the materials to be-
used. No change or notifications in the
plans or specifications shall be made after pro-
| pOSaIS lOr DONG the WOFE have E6en called
ior. Every contract entered into by the board
shall be signed by the President thereof and
by the other contracting party. An 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 filed with the board, and
the other, with said specifications and draw
! ings, shall be delivered to the contractor. AT
the same time with the execution of said con-
tract, said contractor shall execute to said
city, and deliver to the Clerk OF the board, q
bond in the sum named in the notice for pro-
posals, with two or more sufficient sureties to
be approved by the BOARD, or shall deposit
with the City Clerk q 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 he
be resident and householder or freeholder
within the State ana worth the sum
specified in the bond over and above
all 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
form shall be printed upon the bond. But
when the amount specified in the bond ex-
ceeds three thousand dollars and there arc
more than two sureties thereon, they may
state in their affidavit that they are seyerally
worth amounts less than that expressed in the
bond If the whole amount be the equivalent OF
two sufficient suleties. The contract shall
specify the time within which the work Shall
be commenced, and when TO be completed, as
was specified in the notice inviting proposals
therefor. The board may extend said time,
but in no event for more than ninety days be-
yOnd the time originally fixed for its compile
ton. In case of failure on the part of the con-
tractor to complete his contract within tho
time fixed in the contract, or within such eX-
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 penSation for any
work done by him under said contract 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 in the completion of the work.
SEC. 70. The Board of Trustees is hereby au-
thoTiZed to adopt, establish and maintain
system OF levees, canals and drainage, and to
lion not 1TOI pSNFlyC
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
| Board OF Supervisors of the County of Sacra~
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 to the levees in
| the city, and in all matters pertaining to ali
| the leyeeS. canals and other works which said
city has adopted or constructed or shall here
after adopt or construct as part Of its system
OF IeyeeS or drainage; and the Board OF Trus-
tees shall in addition to the other powers
granted to them, Also have power to dredge,
or in any other manner deemed eXpedienttO
| 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 in the County OF y olo or In
the County of Sacramento, or in part in either
of said counties, as in the opinion Of said
board may be necessary to keep the channel
of the sacramento River, in front OF the
city, free and open for the navigation OF first
class steam boats; and said board may cut or
dig any canal, ditch, slough or outlet in either
OF SAID counties, and may use all other meaug
and 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 ali
| lands within said city from inundation. The
/ purposes for which any and all the works in
this section mentioned, are or are to be con-
| structed 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 ali properly 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 sub
mitted to and ratified by vote of the electors
of said city. and provided further that II any
| more than twenty thousand dollars, tho
money required to carry out such plan shall
be raised either by the issuance of bonds or by
direct taxation, as the electors at such election
may determine
/ SEC. II. The City of Sacramento may make
such contracts with any swamp land, leyee or
reclamation district now in existence or here
after to be formed, or with any person or body
politic or corporate, whereby each may be
compelled to contribute its proper quota tC-
wards any works necessary to be constructed
outside of said city. II any leyee or any sys-
TEN Of drainage projected, constructed, main
tanned, or kept in repair by said city, shall DO
beneficial TO any leEee, swamp land, or reclanI-
alton district, such district shall contributeits
just quota TO the payment of the expense OK
such construction, maintenance and repair.
The amounts to be paid, respectively, by said
city and said districts shall be fixed b. the
agreement of the respective Boards OF Trus-
tees of said city and districts. In case the
Boards OF Trustees cannot agree, the Superior
Court of said county must, on the petition OF