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duties of

through the streets thereof; the keeping of sidewalks clear of Depart obstructions, the erection of lamp posts, electric light, telegraph ment of and telephone poles on the streets and alleys of the city; the works, putting up of signs and awnings; the location of steam boilers, board. the determining of the location of all gas, water, and sewer pipes laid in the streets or alleys, and to prescribe such rules as shall prevent damage to the streets by reason of the laying of said pipes and sewers. The commissioners shall have full power to regulate and control, subject to the ordinances of the city, the anchorage of vessels in the harbor of Vallejo; the manner of using the streets, sidewalks, wharves, harbor, parks, and public places, and to prevent and remove obstructions therefrom, and cause the prompt repair of streets, sidewalks, and public places when the same may be taken up or altered. The commissioners are authorized to collect, by suit or otherwise, in the name of the city, the expense of such repairs from person or persons by whom said sidewalk or street was injured or torn up.

The commissioners shall regulate, subject to the requirements of the board of health, and the ordinances of the city, the construction of sinks, gutters, wells, cesspools, and privy vaults, and compel the cleaning or emptying of the same, and regulate the time and manner in which the same shall be done.

SEC. 79. All applications for establishing or changing the grade of any street or streets, the improvement of public grounds or buildings, the laying out, establishing, opening, closing, straightening, widening, or improvement of any street, road, or highway, or the laying out and opening of any new street through public or private property, and for all public improvements which involve the necessity of taking private property for public use, or when any part of the cost or expense thereof is to be assessed upon any private property, shall be made to said board, and such work or improvement shall not be ordered or authorized until after said commissioners shall have reported to the board of city trustees upon said application.

Contracts.

SEC. 80. All public work authorized by the city trustees to Contracts. be done under the supervision of this board, and all work for which the board of education shall make requisition upon the commissioners of public works, and all contracts for materials and supplies in an amount exceeding two hundred dollars required by the board of city trustees, or any of the departments of the city, but not otherwise provided for in this charter, shall be done under written contract, except in cases of urgent necessity, as hereinafter provided. Before awarding any contract authorized by the preceding section, the commissioners shall cause notice inviting sealed proposals therefor to be posted conspicuously in its office and published for not less than five days in one newspaper; provided, that when the estimated cost exceeds two thousand dollars, notice shall be posted and published for not less than ten days; except that when the estimated

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cost of any improvement or repair work does not exceed two hundred dollars, and shall be deemed an urgent necessity by the board of commissioners, such repair or improvement may Contracts. be made by the commissioners under written contract or otherwise, without advertising for sealed proposals; but no piece of repair work or improvement shall under any circumstances be subdivided for the purpose of bringing the estimated cost within the limit herein provided.

SEC. 81. Said advertisement and notice shall invite sealed proposals, to be delivered to the commissioners in open session, at a certain day and hour, for furnishing the supplies and materials, and if for work to be done, the materials for the proposed work, or for doing the said work, or for both, as may be deemed best by the commissioners; and shall contain a general description of the work to be done, the materials or supplies to be furnished, the time within which the work is to be commenced and when to be completed, and the amount of bonds to be given for the faithful performance of the contract, and shall refer to plans and specifications on file in the office of the commissioners for full detail and description of said work and material.

SEC. 82. All proposals shall be made upon printed forms to be prepared by the commissioners and furnished gratuitously upon application, with a form of affidavit hereinafter provided for, printed thereon; each bid shall have thereon the affidavit of the bidder that his is genuine, and not sham or collusive, or made in the interest or in behalf of any person not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, or corporation, or firm, to refrain from bidding, and that the bidder has not, in any manner, sought by collusion to secure to himself an advantage over other bidders.

Any bid made without such affidavit, or in violation thereof, shall be absolutely void, and also any contract let thereunder.

If at any time discovery shall be made that a contract has been let to a bidder who has violated or evaded this oath, the contract shall be canceled and no recovery shall be had thereon, and the commissioners shall at once proceed as before to award a new contract.

All proposals offered shall be accompanied by a check, certified by a responsible bank, payable to the order of the city clerk, for an amount not less than ten per cent of the aggregate of the proposal, and no proposal shall be considered unless accompanied by such check.

If, on the opening of said bids, more than one bid appear in which the same person, corporation, or firm is interested, all such bids shall be rejected.

SEC. 83. On the day at the hour specified in said notice inviting sealed proposals the commissioners shall assemble and remain in session at least one hour thereafter, and all bids shall be delivered to the commissioners by the bidder or his agent while it is so in session, and within the hour named in the adver

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No bid not so delivered to the commissioners shall Departbe considered. Each bid, as it shall be received, shall be num- public bered and marked "filed" by the president, and authenticated works. by his signature. At the expiration of the hour stated in the Contracts. advertisement, within which the bids will be received, the commissioners 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 commissioners by the secretary.

Before the commissioners adjourn they shall compare the bids with the record made by the secretary, and shall thereupon, at said time, or at such other time, not exceeding twenty days thereafter, as the commissioners may adjourn to, award the contract to the lowest responsible bidder, except as otherwise herein provided.

Notice of such award shall forthwith be posted for five days by the secretary of the commissioners in some conspicuous place in the office of the commissioners.

The commissioners may reject any and all bids, and must reject the bid of any party who has been delinquent or unfaithful in any former contract with the city, and any bids other than the lowest responsible bid; and on accepting said lowest bid shall thereupon return to the proper parties the checks corresponding to the bids so rejected. If all the bids are rejected the commissioners shall return all checks to the proper parties, and again invite sealed proposals, as in the first instance. The check accompanying the accepted bid shall be held by the secretary of the commissioners until the contract for doing said work, as hereinafter provided, has been entered into, whereupon said certified check shall be returned to said lowest bidder.

If said bidder refuses or fails to enter into the contract to do said work, as hereinafter provided, then the certified check accompanying his bid, and the amount therein mentioned, shall be forfeited to the city, and shall be collected and paid into the general fund. Neither the commissioners of public works, nor the board of trustees, nor the board of education shall have power to relieve from or remit such forfeiture.

SEC. 84. If at any time it shall be found that the person to whom a 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 made, then the contract so awarded shall be null and void, and no recovery shall be had thereon, and the commissioners shall advertise for proposals for a new contract.

SEC. 85. All contracts shall be drawn under the supervision of the city attorney, and shall contain detailed specifications of the work to be done, the manner in which it shall be executed, and the quality of the supplies and material to be used. No change or modification in the plans or specifications shall be made after the proposals for doing the work have been called for.

Every contract entered into by the commissioners shall be signed by at least two of their members, and by the other contracting party, and attested by the city clerk.

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Contracts.

All contracts shall be signed in triplicate, and one of which, with the specifications and drawings, if any, of the work to be done and the materials to be furnished shall be filed with the board of education, when the work is done upon requisition of that board, and in other cases with the city clerk; and one thereof, with said specifications and drawings, shall be kept in the office of the commissioners, and the other, with specifications and drawings, shall be delivered to the contractor.

At the same time with the execution of said contract said contractor shall execute to the city and deliver to the secretary of the commissioners a joint and several bond in the sum named in the notice for proposals, with two or more sufficient sureties to be approved by the commissioners, or shall deposit with the secretary a 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 specified in the bond over and above all 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 a form shall be printed on the bond. But when the amount specified in the bond exceeds three thousand dollars, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the bond, if the whole amount be equal to two sufficient sureties.

The contract for work 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. Upon the recommendation of the commissioners, the board of city trustees may extend said time, but in no event shall the time for the performance of said contract be extended by the board of trustees more than sixty days beyond the time originally fixed for its completion.

In case of failure on the part of the contractor to complete his contract within the time fixed in the contract, or within such extension of said time as is herein provided, his contract shall be void, and the board of city trustees shall not pay or allow him any compensation for any work done by him under said contract. But the commissioners of public work shall proceed to complete the work as provided in said contract, at the expense of said contractor and his sureties; provided, that the board of trustees shall order to be paid to the contractor or his sureties whatever balance may remain after the commissioners shall have completed the work as provided for in this section.

SEC. 86. The work in this article provided for must be done under the direction and to the satisfaction of the commissioners, and all materials and supplies furnished must be in accordance with the specifications, and to the satisfaction of said board of commissioners, and all contracts provided for in this article must contain a provision to that effect. When said contract shall have been completed to the satisfaction and acceptance of

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said commissioners, they shall so declare by resolution, and Depart thereupon said commissioners shall deliver to the contractor a public certificate to that effect.

works.

SEC. 87. The commissioners of said board shall not, nor shall Contracts. either of them, or any person employed in said department, be interested, directly or indirectly, in any contract for labor, works, supplies, or material, entered into by said board; nor shall either of such commissioners, officers, or employés be allowed to receive any gratuity or advantage from any contractor, laborer, or person furnishing labor or material for the same.

SEC. 88. Whenever the commissioners of public works shall have perfected all preliminary work for the awarding of a contract for the furnishing of supplies, or the doing of any work or the making of any improvement, said commissioners shall instruct their secretary to prepare a statement showing the nature and quantity of the supplies required, the work to be done, or the improvements to be made; such report must be accompanied by the proposed contract and a copy of all bids received, for the furnishing of the required supplies, doing the work, or making the improvements contemplated, to the board of trustees; said board shall then, or at its next meeting, consider the matter, and may order the commissioners of public works to accept the bid of the lowest responsible bidder and award to him or them the contract, or it may order said board to reject any and all bids, and to call for new proposals.

SEC. 89. Provided that nothing in this article shall be construed as clothing the commissioners of public works with the power to award contracts, except by order of the trustees, and said order must be by resolution or ordinance.

Superintendent of Waterworks and Streets-Deputy Water Superintendent.

water

streets.

SEC. 90. The commissioners of public works shall recom- Superinmend to the board of city trustees, a suitable person to be tendent of superintendent of the water department, who shall be ex officio works and superintendent of streets; said commissioners shall also recommend a suitable person to be deputy superintendent of the Deputy. water department, both of whom shall be appointed for two years.

Superintendent of Streets.

superin

SEC. 91. The street superintendent shall have the general Duties of care of and frequently inspect the streets of the city. He shall tendent of receive and investigate all complaints as to their condition, streets. and shall have charge of the enforcement of all ordinances pertaining to street obstructions. He shall frequently inspect all public works pertaining to street improvements while the same are in course of construction, inspect and approve, or reject, all material used in such construction, whether done under contract or otherwise; and shall at once report to the commissioners of public works all deviations from contracts, and use of improper material and bad workmanship in such works; and shall have the power, pending investigation, to

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