The record-union., 1892-04-11

posting or publication.
SEC. 66. All proposals shall be made uro4,
printed forms TO be prepared by the board and
furnished gratuitously upon application Ali
proposals offered shall be accompanied bv =
/ check, certified by a responsible bank uava-
! Bile to the order or the Clerk of the board for
an amount not less than ten per cent OF the
! aggregate OF the proposal, ana no proposal
| SnaIl De considered unless accom- panied by
such check. No person, corporation or firm
shall be allowed to make, Tile or be interested
/ IN more than one bid for the same work IL
on the opening OF said bids more than one bid
appears in which the same person corpora-
ton or firm IS interested, such bids shall be
SEC, 67 On the day and at the hour speci-
ueu IN SAID notice inviting sealed proposals
J the beard shall assemble and remain In ses-
sion tof al least one hour thereafter and all
| BIDS shall be delivered 10 the board by the
bidder or his agent before the expiration OF
! the hour named IN the advertisement. No
/ bid not so delivered to the board shall be COM
! sidered Each bid as it shall DC received shall
| be numbered and marked Filed by the City
! Clerk and authenticated by his signature. At
| The expiration OF the hour stated Ia the adver-
| tlsenent within which the bids viii be re-
! go, tLe poaro snail IN open session, open,
1 examine and publicly declare the same and
/ an aoStract OF each bid Shall be recorded in
/ tne minutes OF tue board by the Clerk. Before
amounting the board shall compare the bids
/ with the record made by the City Clerk and
! shall thereupon, at said time, or at such other
| tlhie, not exceeding twenty days thereafterS
! as the board may adjourn TO, award the con-
| tract TO the lowest bidder, except as other
wise herein provided. Notice OF such award
/
! Elerk OF The board In some conspicous place
| IN the Office of the board. The board may re-
Jeet any and all bids, and must reject the bid
| otany party who has been delinquent or un-
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 TO 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
| Nlte sealed proposals. as in the first instance,
Inc check accompanying the accepted bid
| snail be held by the Clerk OF the board until
Inc contract Tor doing said work, as herein
after provided, has been entered into, where
| upon said certified check shall be returned to
SAID bidder. IL said bidder fails or refuses to
| enter into the contract to do said work aR
| hereinafter provided, then the certified check
| accompanying his bid and the amount
! therein mentioned, shall be forfeited 10 the
| city, and shall be collected and paid into the
street fund. The board shall have 10 power
| 10 relieve from or remit such forfeiture.
SEC So. 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
nade then the contract SO 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 SO. All contracts shall be drawn under
! the supervision OF tue City Attorney and shall
contain detailed specifications OF the work 10
J be done, the manner in which it 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 for doing the Work have been called
| for. Every contract entered into by the board
! shall be signed by the President thereof and
| by the other contracting party. III 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 10 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, 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 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 freebooter
! within the State and worth the sum
specified in the bond over and above
ALI ms 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
/ 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 seVerally
! worth amounts less than that eX pressed in the
! bond if the whole amount be the equivalent of
| TWO suihclent suretles. Inc 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 10 him any com pensation forany
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
| construct and maintain the works necessary
tneretoi ana 10 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 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 eSpedient 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 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 steam boats; and said board may cut or
dig any canal, ditch, slough or outlet in either
| of SAID counties, ndAmay use all other means
| and appliances whatever that may be neces-
sary TO keep the Sacramento River nayigable
! in front OF the city, 10 provide proper drain
age for the city, and to guard any ana all
| 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 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
1 to be performed shall be adopted by said
| board which will cost over twenty thousand
! dollars, unless such plan shall be first SUBJ
mitted TO and ratified by vote ofthe electors
| of said CITY; and provided further that IL any
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. n. The City Of Sacramento may make
such contracts with any swamp land, ievee or
| reclamation district now IN existence or here
! after to be formed, OF with any person or body
| polite or corporate, whereby each may be
| compelled to contribute its 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 be
beneficial TO any levee, 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 be fixed by the
| agreement OF the respective Boards of Trus-
! Boards of Trustees cannot agree, the Superior
| Court OF said county must, on The petition Of