The record-union., 1897-01-14

aAo1i iihundatlOn, as outlined ana de-
SCRUBBED In the said report of Commits
SDoiier OF Public Works, to erect, build
Hilo construct embankments where ne
ceS'sary Tor carrying out the purposes
VI INNS Act; to employ persons in and
duout said work, and to purchase such
supplies as may be necessary for the
carrying ON of the same, and for doing
AL ouher work described in said report,
20 improve and rectify river channels so
as 10 promote drainage.
Section B. The Commissioner Of Pub
aSc Works shall have power to employ
such persons in and about said work as
the Auditing Board may determine to
De necessary, at a compensation to be
nxed by the Auditing Board. All con-
tracts for the purchase of material and
supplies, or for such work as can be
done by contract where the expense
thereof shall exceed the sum OF S0OO,
Shall be awarded to the lowest bidder
at a public letting thereof, and after
notice to bidders to be published In one
newspaper published in the city or sac
ramento, one in Stockton, and one In
Sam Francisco for at least two weeks
prior to the day fixed for opening BIDS,
provided the said bid is a fair and rea-
sonable one. All bids required by this
Act shall be accompanied by such Sc
curity as the Auditing Board may re-
Quire, conditioned upon the bidder en-
tering into a contract upon the terms
of his bid on notice of the acceptance
thereof, and furnishing a penal bond,
with good and sufficient sureties, in
such sum as the Auditing Board may
require, and to their satisfaction, that
he will faithfully perform his contract.
If all the bids made at such letting are
deemed unreasonably high, the board
may, in their discretion, decline to con-
tract, and may again advertise for
such time and in such papers as they
see proper for proposals, and may SO
continue to renew the advertisement
until satisfactory contracts are made;
and in the meantime the board may
contract for articles and supplies for
immediate and temporary use with
any one whose offer is regarded as just
and equitable, or may purchase in the
open market. No bid shall be ac-
cepted, nor a contract entered into in
pursuance thereof, when such bid is
higher than any other bid at the same
letting for the same class or schedule
when a contract can be had at such
lower bid. When two or more bids for
the same article or articles are equal in
amount, the board may select the one
which, all things considered, may by
them be Thought best for the interest
of the State, or they may divide the
contract between the bidders as in their
judgment may seem proper and right.
The board shall have power to let a
contract in the aggregate, or they may
segregate the items and enter into a
contract with the bidder or bidders who
may bid lowest on the several articles.
The board shall have the power to re-
ject the bid of any person who had a
prior contract and who had not, in the
opinion of the board, faithfully COM
piled herewith If however, any sud
den emergency should arise, rendering
it necessary, in the judgment of the
Auditing Board to protect works al
ready completed, or to prevent any
work in process of construction being
damaged by storms or flood waters,
that immediate repairs or work should
be done, the said Commissioner of Pub
lie Works shall have power to perform
such work, or make such repairs, in the
manner which to him seems most ad-
visable
Section 6. 1t viii not be necessary to
obtain the sanction Of any other board
or officer for the doing of any work,
or the letting Of any contract. except
as herein specified, but all claims shall
be audited by the State Board Of Ex-
aminers as provided by law.
Section Z. The Auditing Board may
condemn the right of way necessary
for the purpose of doing the work out
lined and described in said report of the
Commissioner of Public Works, and
may purchase or condemn all land and
material necessary to carry out such
plans of drainage, and may generally
connect with, enlarge or strengthen any
work of construction, and may condemn
any lands which may be by them
deemed necessary for the purpose OF
the Act, and it is hereby declared that
such purposes are a public use and that
said appropriation Is for the public ben
eft: provided, however, that they shall
not interfere with any existing reclama-
ton work or cut bitches or drains with
out the consent of the Board Of Trustees
thereof on, in, or over any lands situ-
ated in any swamp land, reclamation
levee or protection district.
Section s. Whenever the Auditing
Board cannot procure from the owner
or owners thereof, without purchase
the right OF way or material needed for
the construction of such works as are
described in the said report Of the Com
- DIX
procure the consent to join or connect
with any existing works, or procure
lands necessary for the construction
and completion Of said system and plan
described in said report, the said Audit
ing Board may, in their own name or In
the name Of the State of California
proceed to condemn the same under
the provisions of title seven, part three
of the Code OF Civil Procedure and
amendments thereto which are now ex-
listing or which may hereafter be made
provided, that cities towns, levee dis
tricts. swamp land districts, reclama-
tion districts, protection districts, and
all municipal corporations having lev
ees. reclamation or protection work!
shall have and retain the exclusive man
a aeement and control thereof. subject t
the right TO connect the work as hereir
provided.