The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-04-05

posing or publication. 49,
SEC %. All proposals shall be made upon
printed forms to'be prepared by the board an
furnished 9ratuitousIy upon application Al
proposals offered shall be accompanied by -
| elleck certified by responsible bank pava-
Die 10 tie order of the Clerk of the board Tor
an amount not less than ten per cent Of ina
aggregate OF the proposal, and no proposal
snail BE- considered unless accom- panied ~
sucn check. No person, corporation OF firm
shall be allowed to make tile 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
t ton or lrin is interested, such bids shall ba
rejected.
SHC. 81. On the day and at the hour spe,i-
ned IN said notice inviting sealed proposals
the board shah assemble and remain in ses-
SION Tor at least one hour thereafter and all
bidS shall be delivered to the board by the
Dlader or his agent before the expiration Of
the hour named in tue advertisements No
bla not so delivered to the board shall be con-
sldered. Each bid rs it shall be received shall
De numbered and marked Filled" by the CIty
Clerk and authenticated b. his signature At
Inc expiration of the hour stated il the adveI.
usemehL within which the bids will be re-
celNeo, the board SHALL in open session, open,
examine and publicly declare the same and
an abstract of each bid shall be recorded in
Lne minutes OF the board by the Clerk. Before
adJourning the board shall compare the bids
win the record made by the City Clerk ana
SNAIL thereupOn, ut said time, or at such other
tllne, not exceeding twenty days thereafter,
as the board may adjourn to, award the con-
tract to the lowest bidder. except as other
wise herein provided Notice of such award
snali forthwith be posted for five days by the
Clerk of the board in some CONSPICUOUS plaza
III The once OF the board. The board may re-
Ject any and all bids, and must reject the bid
OF any party who has been delinquent or un-
lti " IN any FORMER contract with the city,
ana all bids other than the lowest regular bid:
and on accepting said lowest bid Shall there
upon return TO the proper parties the checks
corresponding to the bids rejected. Ii all tho
bids are rejected, the board Shall return ali
tlle cileGhs 70 Inc proper parties and again in
Inc check accompanying the accepted bid
shall be held by the Clerk of the board until
the contract for doing said work. as herein
after provided, has been entered into. where
upon said certified check shall be returned IN
said bidder. II said bidder fails 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 TO 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 a contract has been
awarded has, in presenting any bid or bids
colluded with any other party or parties for
the purpose of 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 g
new contract for said work.
SEC 90. All contracts shall be drawn under
the supervision OF the City Attorney and shall
contain detailed specifications of tie work 10
be done, the manner in which it 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-
posals for doing the work have been called
ior. 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 be
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,
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 a 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 q resident and householder or freeholder
within the State and 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 q
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 may
state in their affidavit that they are seVeFally
worth amounts less than that expressed in the
bond il the whole amount be the equivalent OF
two sufficient suTetieS. The contract shall
specify the time within which the work shall
be commenced, and when 10 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 the
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 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 TO the city, less
of ri 4l,na
OF time in the completion of the work.
SEC. 20. The Board of Trustees is hereby au-
thorized to adopt, establish and maintain q
system OF leYe2s, canals and drainage, and to
construct and maintain the works necessary
thereto; and 10 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-
monto, and of the Board Of Levee Commits
siOners of the City of Sacramento in all mat
teTs 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 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 leYees or drainage; and the Board of Trus-
tees shall in addition 10 the other powers
granted 10 them, also, have power to dredge,
or in any other manner deemed eXpedent TO
keep clear the channels of the sacramento and
3ulCElCd4l IelNCES AGli8cSLt 10 the CITY,
build any dam, boom, weir, wharf, Jetty or
other works either in the County OF Iolo or III
the County of Sacramento, or III part in either
of said counties, as in the opinion Of said
beard may be necessary 10 keep the channel
OF the Sacramento River, in front of the
city, free and open for the navigation OF first
class steamboats,; and said board may cut or
dig any canal ditch, slough or outlet Ia either
of SAID counties, and may use all other means
and appliances whatever that may be neces-
sary to keep the Sacramento River navtgable
IN front OF the civ. TO provide drains
age for the city, and to guard any and oil
lands within saidcity 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, toeondeinn
for such use any and all property necessary
TO the construction and naintenan &c OF such
works; provided, however, 10 system or plan
for any OF the work in this section authorized
TO be performed shall be adopted by said
board which viii cost over twenty thousand
dollars, unless such Plan shall be first sub
mitted to and ratified By a vote ofthe electors
of said city; and provided further, that If any
plan is adopted involving the expenditure of
more than twenty thousand dollars, the
money required To carry out such plan shall
be raised eitherby 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, levee or
reclamation district now in existence or here
after to be formed or with any person or body
polite 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-
tenn of drainage projected, constructed, main
tanned, or kept in repair by said city, shall be
benef cial to any leVce, swamp land, or reclaim
alton district, such district shall contribute its
just quota 10 the payment OF the expense OF
such construction, maintenance and repair.
city and said districts, shall be fixed by tho
agreement of the respective Boards OF Trus-
tees of said city and districts. In case tho
Boards of Trustees cannot agree, the Superior.
Court of said county must, on the petition OF