The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-03-28

may, III It's ulscretlon, contract for the imme-
date repair of its leyees without such notice,
posting or publication.
SEC. s.. All proposals Shall be made upon
pfinied forms to be prepared by the board and
Iuthlsned gratultously upon application. All
proposals offered shall be accompanied by q
Sheek, certified by a responsible bank, paya-
oie 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
shaIl pc considered unless accompanied by
SUCH ici clecR- NO person, corporation or firm
snail be allowed to make, tile or be interested
IN more than one bid for the same work X
on the opening of said bids more than one bid
appear III which the same person corpora
ton or firm IS interested, such bids shall es
rejected.
S2c. 6-. On the day and al the hocr speei.
lied IL said notice inviting sealed Proposals
the BOARD shah assemble and remain in ses-
sion FOR at least one hour thereafter aud al
b!dS SHAH pc delivered To the board by the
bidder or his agent before the expiration Of
the hour named III the advertisement No
bid not 50 delivered TO the board shall be con.
sidered. Each bid as il Shall be received shall
be numbered and marked Filled" by the CITY
Clerk and authenticated by his signature At
the expiration OF the hour stated in the adver-
usement within which the bids will be re-
ceiYeG, the board shall, in open session, open.
examine ana pubHcly declare the same, and
an ans tract OF etcn' o'd snail De recorded in
the minutes of the board by the Clerk Before
adloufnlnS the board shall compare the bids
with 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-,
wise herein provided. Notice OF such award
shall forthwith be posted for five DAYS by the
Clerk OF the board in some conSpcous 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 delinquent or IN
| faithful in any former contract with the city.
and all bids other than the lowest regulaI hids
and on accepting said lowest bid, shall there
upon return to the proper parties the checks
corresponding to the bids rejected. Ii Nh the
bids are rejected, the board shall return al
the chechs 10 the proper parties, and again iu-
ylte sealed proposals, 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, as herein-
;tiJer PROVIDED mas DeeE entered into, where
upon said certified check Shall be returned toy
said bidder If said bidder falls or refuses to-
enter into the contract 10 do 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 iund. The board shall have no power
TO relieve from or remit such forfeiture
SEC IS. II at any time it shall be found that
the person to whom contract has been
awarded has, in presenting any bid or bids
cGlluded with any other party parties, for
the purpose of preventing any other Did beins.
nlade, then the contract awarded shall be
null ana void, and no recovery shall be had
thereon, and the board shall advertise for a.
new contract for said work.
SEC. 90. All contracts shall be drawn under
the supervision o the City Attorney and shall
contain detailed specifications of the work o
be done, the manner n " hich il shall be exc
cuted, ana the quality of the materials To be
! used No change OF notifications i'm the
plans or specifications shall be made after pro-
/ posals Tor doing the work have teen called
| for. Every contract entered into by the board
shall be signed by the Pres dent thereof. and
by the other contracting party All contracts
shall be Slgneu 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 lied with the board, and
the other, with said specifications and draw
/ ingS, shall be delivered TO the contractor. Al
the same time with the execution of said con-
Gi1.4tl strTa to DfI
city, and deliver to the Clerk OF the board, q
bond IN the sum named IN the notice FOR pro-
pOsals, with two or more sufficient sUreties to
be approved by the board, or snail deposits
| with tie City Clerk certified check upon
some solvent bank for said amount, Tor 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 ana worth the sum
all his just debts ana liabilities exclusive OF
property exempt from execution; and each
surety shall Justify and make and sign an
affidavit to that effect, OF which affidavit b
form shall be printed upon the bond. But
when the amount specified in the bond eI-
ceedS three thousand dollars, and there are
more than two sureties thereon, they may
state in their affidavit that they are seyerally
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, within such eE-
tension OF said time as is herein provided, his
contract shall be void, and the board shall not
pay or allow to him any conn ensltion tor any
work done by him under said contract beyond
such sum a, III the Judgment Of the board, the
work done is actually worth TO the city, less
tue detriment suffered by the city by such loss
OF time in the mpletion of the work.
SEC. 20. The Board of Trustees is hereby au-
thoriZed to adopt, establish ana maintain a
| system of leve2s, canals and drainage, and to
construct ana 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
iers 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 10 the other powers
granted TO them, Also have power to dredge,
or in any other manner deemed expedientto
keep clear the channels OF the sacramento and
/ American Rivers adjacent to the city, and to
l build any dam, boom, weir, wharf, jetty or
other works either in the County of Y0Io or in
the County OF Sacramento, or ia 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 thu
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
ana appliances whatever that may be neces-
sary to keep the Sacramento River naVigabl5
in front of the city, 10 provide proper drain
| age for the city, and to guard any and al
lands within said city from inundation. 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, 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 ana all properly necessary
to the construction and maintenance of such
I 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 10 and ratified by vote of the electors
of said city; and provided further that If any
plan is adopted involving the expenditure OF
more than twenty thousand dollars, th8
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 or
reclamation district now in existence or here
! after to be formed, or with any person or body
politio 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 levee, or any syg-
| taned, or kept III repair by said city, shall be
beneficial TO any levee, swamp land, or reclaim
alton district such district shall contributeits
just quota to The payment OF the expense or
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, thesSuperior