The record-union., 1892-03-30


SEC. SO. All proposals shall be made upon
printed forms to be prepared by tie board and
Iulllshed gratuitously upon application. All
proposals offered shall be accompanied by q
eneck, certified by a responsible bank, paya-
Die 10 the order OF the Clerk of the board. for
an amount not less than ten per cent Of the
aggregate OF the proposal, and no proposal
snail be considered unless accompanied by
spch check. No person, corporation or firm
sIlilli DE allowed 20 make, file or be interested
IN more than one bid for the same work II
on the opening OF said bids more than one bid
apPesI IN Which the same person, corpora
rejected.
Sc. 81. On the day and at the hour speci-
ued III said notice inviting sealed PROPOSALS
the board shall assemble and remain in ses-
sion for at least one hour thereafter and all
piids snail DC delivered to the board by the
bidder or his agent before the expiration OK
the hour named III the advertisement No
old not so delivered to the board shall be con-
sldered. Each bid as it shall be received shall
| pG numbered and marked Filed" by the City
CLERK and authenticated by his signature. At
the expiration OF the hour stated In the adver-
tlseneht 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 i'm.
the minutes of the board by the Clerk Before
adlourning the board shall compare the bids
win the record made by the City Clerk, and
snail Lhereupon ut said time, or at such other
| tliiie lot 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 OF such award
shall forthwith be posted for five days by the
Clerk OF the board in some conspicous place
IN the Office OF the board. The board may re-
| lect any and all bids, and must reject the bid
OF any party who has been DELINQUENT or un-
faithful in any former contract with the citv
and 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. If all the
bids are rejected, the board shall return alt
the checks 10 the proper parties and again in
1 Tite sealed proposals as in the first instance,
Inc check accompanying the accepted bid
snail be bed 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 to-
said bidder. Ifsaid bidder fails or refuses to
enter into the contract 10 90 said work as
! hereinafter provided then the certified check
| accompanying his bid, and the amount
therein mentioned, Shall be forfeited TO tbs
! city, and shall be collected and paid into the
street luna. The board shall have 10 power
TO relieve from or remit such forfeiture.
SEC. 6S. If at any time it shall be found that
| the person to whom a contract has been
! awarded mas, in presenting any bid or bids.
| coHuded with any other party or parties tor
| the purpose OF preventing any other Did being
| made, then the contract so awarded shall b5
/ null and void, and no recovery shall be had
| thereon, and the board shall advertise for 9.
new contract for said work.
| SEC. 90. An contracts shall be drawn under
! the supervision o. the City Attorney and Shall
| contain detailed specifications of tie work 10
! De done, the manner III which ii shall be exc
| cuted, and the quality Of the materials TO be-
! used. No change or nlOdi icatiOuS in the
plans or specifications shall be made n Ter rTo-
! posals for doing the work have teen called
| tor. Every contract entered into by the board
| shall be signed by the Pres dent thereof and
! by the other contracting party. All contracts
snaIl De signed III duplicate, one Of Whichr
! with specifications and drawings ii 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
! lngs, shall be delivered to the contractor, Al
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-
Ia AgN1 Solo
be approved by the board, or shall deposis
! with the City Clerk certified check upon
some solvent bank for said amount for tine
| IaltIlIuI performance OF sad contract. No
| surety on any bond shall be taken unless he
| be a 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
afhdavit 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 severaly
! worth amounts less than that eX pressed in the
! bond II the whole amount be the equivalent OK
two sufficient suTetiCs. the contract shall
| specify the time within which the work shah
! be commenced, and when to be completed. as
/ was specified 1If the notice inviting proposals
! therefor The board may extend said time,
! but iii 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 10 complete his contract within the
! time fixed in the contract, within such ex-
/ tension of said time as is herein provided his
| contract shall be void and the board shah not
| pay or allow to him any com ensation tOrany
! work done by him under said contract beyond
such sum as, in the Judgment Of the board, tho
work done is actually worth to the CITY, less
the detriment suffered by the city by such loss
OF time in the CONF leton of the work.
SEC. 20. The Board of Trustees is hereby aU-
thorlZed to adopt, establish anu maintain q
! system of leyees, canals and drainage, and to
construct and maintain the works necessary
! thereto; ana TO repair, maintain, construct
and control all leyeeS, 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 IIeYee Commits
| sioners of the City of Sacramento in all mat
! ters pertaining to the Sacramento Damage
| Canal, and in all matters pertaining 10 any
| canal or drains for the drainage of the city,
and in all matters pertaining TO the levees IN
! the city, ana IN all matters pertaining to all
! the leNees. canals and other works which said
! city has adopted or constructed or shall here
] after adopt or construct as part OF its system
| of levees or drainage; and the Board of Trus-
| tees shall in addition to the other powers
| granted to them, also, have power to dTedge,
| keep clear the channels of the Sacramento and
| American Rivers adjacent to the city, and to
pullo any daln, boom, Weir, wharf, Jetty or
! other works either in the County of Iolo 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 tina
city, free and 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 meana
and appliances whatever that may be neceE-
| sary to keep the Sacramento River navigabla
| in front OF the city, 10 provide proper drain
| age for the city, and to guard any and all
! lands within said city from inundation. Tho
| purposes for which any and all the works in
! this section mentioned, are 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 all property necessary
| to the construction and main tenanee 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 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 either by the issuance of bonds or by
direct taxation, as the electors at such election
may determine.
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
| pblitic or corporate, whereby each may be-
compelled to contribute its proper quota to-
wards any works necessary to be constructed
| outside of said city. II any levee, or any sys-
tenn of drainage projected, constructed main
! tanned, or kept in repair by said city, shall ba
| 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 be 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. In case the
| Boards of Trustees cannot agree, the Superior
! Court of said county must, on The petition of
/ said city, appoint commission OF not mora