The record-union., 1892-04-07

SEC. Go. All proposals shall no made r,,,,,,
pIlIlt i Iorhls 10 De prepared by the board and
lurhshed gfatultously upon application All
proposals offered shall be accompanied nv -
check, certified by n responsible bank. naya-
bic to 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
shalI 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. n
on the opening OF said bids more than one bid
appear IN which the same person CORPORA
rejected. -
Ssc. 81: On the day and at the hour speci-
ned IN said notice inviting sealed proposals
the board shall assemble and remain in ses-
sion for at least one hour thereafter and an
blds snail be delivered to the board by tho
bldder OF his agent before the expiration OF
tine hour named In the advertisements No
pld not so delivered TO the board shall be con-
Sldered. Each bid Us il shall be received shall
DC numbered ana marked Filed by the CiEy
Clerk ana authenticated by his signature at
the expiration of the hour stated in the adyer-
tlSenent within which the bids viii be re.
celNed, the board shall, in open session, opeu,
examine and publicly declare the same and
an ABSTRACT OF each bid shall be recorded in
Tue minutes OF the board by the Clerk. Before
adjourning the board shall compare the bids
Win The record maize by the City Clerk and
snail Ihereupon. at said time, or ut such other
tliae, noI 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
SLdll IOflIWitn De posted Tor 1--WE daYg DV the
CIeIK o! the board In some CONSPICUOUS place
In the Office of the board. The board may re-
Ject any and all bids, and must reject the bid
OF any party who has been deinuuent or mn
lillhlul IN any former contract with the city.
and all bids other than the lowest regular bfda
ana on accepting said lowest bid shall there
upon return TO the proper parties the checks
corresponding to the bids rejected If all The
blds are rejected, the board shall return all
the checks 10 the proper parties, and again in
Nlte sealed proposals, as in the first instance
Inc cheek accompanying the accepted bid
shall be held by the Clerk of the board until
the contract for doing said work, us hereiu-
after provided, has been entered into. where
upon said certified check shall be returned to-
SAID bidder. II said bidder fails or refuses To
enter into the contract 10 do said work, az
hereinafter provided, then the certified check
accompanying his bid, and the amount
therein mentioned, shall be forfeited TO tha
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 CS. II at any time it shall be found that
the person to whom 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
maze, then the contract so awarded shall be
null and void, and no recovery shall be had
thereon, and the board shall advertise for e
new contract for said work.
SEC SO. All contracts Shall be drawn under
the supervision 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
used. No change or notifications in the
plans or specifications shall be made after pro-
posals Tor doing the Work have 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, il any OF
the work to be done, and the materials to be
furnished, shall be filedwith 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, O.
Dono 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 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 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 a.
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 i'll 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 suTeties. 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 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 com ensation 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
the detriment suffered by the city by such loss
of time in the completion of the work
q ~ ic hnr lnxro
thorized to adopt, establish and maintain s.
system OF leYeeS, 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
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 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 shall in addition to the other powers
granted to 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
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 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
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 all
lands within said city from inundation. Tho
purposes for which any and oil 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
beard which win cost over twenty thousand
dollars, unless such plan shall be rirst sub
United to and ratified by vote ofthe electors
Of said city and provided further, that ii any
plan is adopted involving the expenditure OF
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 mako
such contracts with any swamp land, leyee or
reclamation district now in existence or here
after to be formed, o. with any person or body
polite or corporate, whereby each may be
compelled to contribute its proper quota tc-
wards any works necessary 10 be constructed
outside of said city. If any levee, or any sys-
tenn of drainage elected, constructed, main
tanned, or kept in repair by said city, shall b5
beneficial to 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 10 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 OK