The record-union., 1892-04-12

! SEC. 60. All proposals shall be made unon
! printed forms TO be prepared by the board and
| furnished gratuitously upon application All
proposals offered shall be accompanied Nv a
check, certified by a responsible bank, paya-
Die TO the order of the Clerk of the board for
an amount not less than ten per cent of tha
aggregate OF the proposal. and no proposaI
shall be considered unless accompanied by
such check. No person, corporation or firm
snail De 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
ton or urn Is interested, such bids shall be
rejected.
SEC. 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 all
bids shall be delivered to the board by the
pa bidder or his agent before the expiration Of
the hour named in the advertisement No
bid not so delivered to the board shall be con-
Sidered. Each bid as it shall be received shall
be mum bered and marked "Filedr by the Civ
Clerk and authenticated by his signature. At
the expiration of the hour stated in the adver-
tsement within which the bids viii 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, thereupon, at said time, or at such other
time 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
Sudtl lOTInWlLn De posted nVe dayS by The
Clerk OF the board In some conSpiccus place
In the Office of the board. The board may re-
Jeet any and all bids, and must reject the bid
OF any party who has been delinquent or UNI
faithful in any former contract with the city
and all bids other than the lowest regular bid:
and on accepting said lowest bid, shall there
upon return 10 the proper parties the checks
corresponding to the bids rejected If all the
bids are rejected, the board shall return all
the checks 10 the proper parties and again in
yite sealed proposals, as in the first instance.
The 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 to
SAD bidder. If said bidder fails or refuses to
enter into The contract 10 do said work an
hereinafter provided, then the certified checl-
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
coHuded with any other party o. parties for
the purpose of preventing any other bid being
mage, tnen the contract so awarded shall be
hull and void, and no recovery shall be had
thereon, aud the board shall advertise for
new contract for said work.
SIC. 90. All contracts shall be drawn under
the supervision o. the City Attorney and shall
contain detailed specifications of the work 10
De done, the manner IN which il shall be exc
cuted, and the quality of the materials TO be
used. Nc change or notifications III the
plans or specifications shall be made after pro-
posalS Tor doing the Work have becn called
for. Every contract entered into by the board
snail 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 ii any OF
the work to be done, and the materials 70 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 a
bond in tue sum named in the notice Tor pro-
posals, with two or more sufficient sureties to
be approved by the board, 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 a resident and householder or freeholder
within the State and worth the sum
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 afidaYit q
form shall be printed upon the bond But
WGcn the amount specified in the BOND e1-
ceeds three thousand dollars, and there are
more than two SurctleS thereon, they may
state in their affidavit that they are seNeraly
worth amounts less than that expressed ia the
bona il the whole amount be the equivalent of
two sufficient sureties. The contract shall
specify the time within which the work shalt
be commenced, ana 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 De-
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 liked 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 allow to him any com pensltion for anv
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.
SEC. 20. The Board of Trustees is hereby au-
nj nj iTno
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 10 be the
legal representatives and successors of the
Board OF Supervisors OF the County OF Sacrao
mentO, and of the Board of Levee Commits
sioners OF the City of Sacramento in all mat
tiers 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 Guy, ana IN all matters pertaining 10 all
the levees, canals and other works which said
city has adopted or constructed or shall here
after adopt or construct as part OF it's system
of Ieyees or drainage; and the Board of Trrs-
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, aud to
build any dam, boom, weir, wharf, jetty or
other works either in the County of Yolo 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 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. The
purposes for which any and all the works in
10 irand h,.o
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
United TO and ratified by vote ofthe electors
of said city; and provided further that Il any
plan is adopted involving the expenditure OF
more than twenty thousand dollars, the
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, 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 It's proper quota to-
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 ba
beneficial 10 any levee, swamp land, or reclaim
alton district, such district shall contribute jts
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
Y. rgn