The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-04-13

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SEC. So. Ali proposals shall be made ruon
printed forms to be prepared by the board and
| furnished gratultously upon application All
! proposals offered shall be accompanied by ~
! check, certified by responsible bank. paya-
i Die 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
shall be considered unless accompanied bY
sneh check. No person, corporation or nri1
IN more than one bid for The same work II
on the opening of said bids more tnan on. hid
appear IN Which the slime person. corpora
ZION or Iirrn Is interested, SUCH bids shall 30
SEC. 81. On the day ana at the hour speoi-
fed in said notice inviting sealed uronosgi5
the board shall assemble and remain in ses-
SION Tor at least one hour thereafter and all
PIGS Shall be delivered to the board by the
bidder or his agent before the expiration OK
the hour named In the advertisement No
bid not so delivered to the board shall be con.
| Slaered. Each bid as Il shall be received shall
| pc numbered ana mark ell Filled by the City
CLERK ana authenticated by his signature. At
the expiration OF the 2our stated ia the adver-
tisement within which the bids viii 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 III
/ the minutes Of tue board by the Clerk. Before
! accounting the board snail compare the bids
! WIN the record made by the City Clerk and
sshali, thereupon; at said time or at such other
| Tine not exceeding twenty days thereafterT
! Us Inc BOARD may adjourn 10, award the con-
! tract TO the lowest bidder, except as other
| wise herein provided. Notice of sucn award
! Shall forthwith be posted for five DAVIS by the
! Clerk of the board in some conSpieous place
III the Office OF the board. The board may re-
! Ject any and all bids, and must reject the bid
| q any party who has been delinquent or un-
laIt hiuI IN any former contract with the city,
and all bids other than the lowest regular b{da
ana on accepting said lowest bid, shall there
upon return TO the proper parties the checks
corresponding TO tue bids rejected. If all the
BIDS are rejected, the board shall return all
| the checks 10 tire proper parties and again in
Xlte sealed proposals, as in the first Instance.
The check accom- panying the accented bid
OF 10 hC. rd INIT
the contract for doing said work as hereip-
! after provided, has been entered into, where
! upon said certified check shall be returned to
said bidder. If said bidder fails or refuses to
! enter into the contract 10 do said work as
| hereinafter provided, then the certified cnecHs
| accompanying ms bid, and the amount
| therein mentioned, shall be forfeited TO the
| city, and shall Oe collected and paid into The
! street fund The board shall nave no power
| 10 relieve from or remit such forfeiture.
SEC. Is. II at any time 1t shall be found THAI
| the person TO whom a contract has been
! awarded mas, in presenting any bid or bids
couuded with any other party o. parties, for
| the purpose of preventing any other Did being
| made, then the contract SO awarded shall be
| null ana void, and no recovery sha1 be had
| thereon, and the board shall advertise for q
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 the work o
be done, the manner in which it shall be exc
cuted, ana 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 teen 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 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, a
| 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 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 resident and householder or freeholder
! within the State and worth the sum
] specified in the bond over and above
| all his ust 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
when the amount specified in the bond ex-
ceeds three thousand dollars, and there arc
more than two sureties thereon, they may
state in 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 sureties. 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 zen sation 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.
! SEC. 20. The Board of Trustees is hereby au-
| thoriZed to adopt, establish and maintain q
| system of levees, canals and drainage, and to
| 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 Saera-
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 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 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 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
| other works either in the County of y olo 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
or the sacramento River, IN 'front.' or th9
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 inundaton. 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, ana
J the City OF sacramento Is hereby authorized
TO proceed, at any time under the provisions
for such use any ana ali property necessary
10 the construction and maintenance OF guCn
! works; provided, however, no system or plan
for any OF the WORK In this section authorized
10 be performed shall be adopted by said
board which viii cost over twenty thousand
dollars, unless such plan shall be first SUBJ
of said city; and provided further, that Il 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.
SEC. II. The City of Sacramento may make
such contracts with any swamp land, leVee OF.
| 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 -
beneficial TO any levCe, swamp land, or reciarn-
alton district such district SbaG coutributelts
just quota 10 the payment Of the expense OK
such construction, N ltnteEance and repair.
The amounts to be paid, respectively, by said
| city and said districts, shall be fixed by the
agreement or tine respective Boards OF Trus-
tees of said city and districts. In case if!e
! Boards OF Trustees cannot agree, the Superior
Court OF said county must, on the petition of
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