The record-union., 1892-03-23

SEC. bb. All proposals shall be made upon
printed forms TO be prepared by tie board and
furnished gratutously upon application Al
proposals offered shall be accompanied bv y
check, certified by responsible bank paya-
Die TO the order of the Clerk OF the board for
an amount not less than ten per cent of fha
aggregate OF the proposal, and no proposal
shalf be considered unless accompanied by
such check. No person. corporation or firm
shall be allowed To make, file or be Interested
IN more than one bid for the same work II
on Tue opening OF said bids more than one bid
appear in which the same person corpora
rejected.
SEc. g.. On the day ana at the horr speci-
ied III said notice inviting sealed proposals
the board shah assemble and remain in ses-
Slon Tor at least one hour thereafter and all
p!ds shall 5e delivered to the board by the
bidder or his agent before the expiration OF
Tue hour named i'll the advertisement No
bid not so delivered to the board shall be con-
Sldered. Each bid as ii shall be received shall
De numbered and marked Filled" by the City
CLERK ana authenticated by his signature. At
the expiration OF the hour stated in the adVer-
usement Within which the bids will be re-
celVed, the board shall in open session, open,
examine ana PUBLICLY declare the same and
an abstract of each bid shall be recorded in
the minutes OF the board by the Clerk. Before
auJotfnlhg the board shall compare the bids
with the record made by the City Clerk, and
Shall, thelcupOn, at said time, or at such other
tllne, not exceeding twenty days thereafter,
as the BOARD may adjourn to, award the con-
tract 10 the lowest bidder, except as other
wise herein provided Notice ofsucu award
snail forthwith be posted for five days by tina
Slefk OF the board in some cons SpicOus place
IN the Office of the board. The board NAV re-
Ject any and all bids and must reject the hid
OF any party who has been delinquent or un1
faithful in any former contract with the citv
ana all bids other than the lowest regular bid:
ana on accepting said lowest bid Shall tbere-'
upon return to the proper parties the checkS
corresponding TO the bids rejected Ii az the
bids are rejected, the board Shall return all
the checks 10 the proper parties and again in
vite sealed proposals as In the first instanca,
CnGck n pp tad -
shall be held by the Clerk OF the board until
the contract for doing said work as herein.
after provided, has beeE entered into, where
upon saidtcertified check shall be returned to
said bidder II said bidder falls or rgfuses to
eater into the contract TO DO said work az
hereinafter provided, then the certified cbeclS
accompanying his bid, and the amount
therein mentioned, shall be forfeited to the
clty, ana shall be collected apd paid into the
street fund. The board Shall nave no power
o relieve from or remit such forfeiture.
SEC. Gs. II at any time it shall bc found that
the person 10 whom q contract has been
awarded has, in presenting any bid or bids
cOliuded with any other party Or parties for
the purpose ofpreVenting any other bid beiua;
MAGE, then the contract 50 awarded shall be
null and void, and no recovery shall be had
thereon, and the board shall advertise for q.
new contract for said work.
SEC. 69. All contracts shall be drawn under
the supervision Ot the CITY ATTORNEY and shall
contain detailed specifications of the work 10
be done, the manner In which il shall be exc
cuted, and the quality Of the materials TO be
plans or specifications shall De made after pro-
pOSalS for doing the " or6 nave hesn called
Tor. Every contract entered into by the board
shall Ue signed by the President thereof and
by the other contracting party. AL contracts
shall be signed in duplicate, one of which,
with specifications and drawings, if any OK
the work To be done, and the materials to be
furnished, shall be iIcd with the board and
the other with said Specifications and Graw-
ingS, shall be delivered to the contractor. At
the same time with the execution of said con-
tract, Sstlu contractor shall execute To said
city, and deliver to the Clerk OF the board a,
bond IN the sum named IN the notice for pro-
be approved by the board, or snail 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 q resident and householder or freehoIder
within the State and worth the sum
all his just debts ana liabilities exclusive OK
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 may
state in their affidavit that they are seVerally
worth amounts less than that e. pressed in tna
bond If the whole amount be the equivalent OF
Two Sulnclent smetles. The contract shall
specify the time within which the work shall
be commenced, ana when to be completed a9
was specified in the notice inviting proposals
but in no event for more than ninCty days be-
yond the time originally fixed for its compile
ton. In case OF failure on the part Of the con-
tractor TO complete ms 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 tine board shall not
pay or allow To him any com Teus3tiOn tOrany
work done by him under said contract beyond
Sucn 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 thecon pletion Of the work.
SEC. 20. The Board OF Trustees is hereby au-
thoTiZed to adopt, establish and maintain q
system of leve2s canals and drainage, and to
construct and maintain the works necessary
thereto; and 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-
me nto, 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 10 all
the ieVees, 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 dredge,
or in any other manner deemed cNpedient 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 in the County OF olo or ia
the County OF Sacramento, or in part in either
OF said countits, as III the opinion of said
beard may be necessary to keep the channel
of the Sacramento River, in front OF tha
city, free and open for the navigation of first
class steamboats,; ana said board may cut or
dig any canal, ditch, slough or outlet in either
of SAID counties, and may use all other neans
and appliances whatever that may be neces-
sary to keep the Sacramento River naVigGbla
IN front of the city, to provide proper drain
age for the city,, and to guard any and all
ialus Wltnln Said clty rom inuhuauon. Inc
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 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 sub
mitted TO and ratified by vote oftne electors i,
of said city and provided further, that If any
plan is adopted involving the expenditure OF
more than twenty thousand dollars, the
money required 70 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.
SIC. n. The city OF Sacramento may make
such contracts with any swamp land, levee or
district now in existence or here
after to be formed, or with any person or body
polite corporate, whereby each may ba
compelled to contribute its proper quota to-
wards any works necessary TO be constructed
outside of said city. If any Ievee, or any sys-
tenn of drainage projected, constructed, main
tained, or kept in repair by SAID city, shall bs
10 any leyee, 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 b. fixed by the
agreement of the respective Boards OF TTus-
tees of said city and districts. In case the
Boards of Trustees cannot agree, the Superior
Court OF said county must, on the petition c4
said city, appoint q commission of nor more
hon tFsrpn 10eVSpnG. who gbaI noua r.Cxrar -.