State work under control of department of engineering-Esti

mates.

SECTION 1. Whenever provision is made by law for the erection, construction, alteration, repair or improvement of any state structure, building, road or other state improvement of any kind excepting improvements on the property of the state on the water front of the city and county of San Francisco under the jurisdiction of the board of state harbor commissioners, the total cost of which will exceed the sum of one thousand dollars, the same shall be under the sole charge and direct control of the department of engineering. Said department, before entering into any contract for the erection, construction, alteration, repair or improvement of any state structure, building, road or other state improvement of any kind shall prepare full, complete and accurate plans and specifications and estimates of cost, giving such directions for the same as will enable any competent mechanic or other builder to carry them out. The plans, specifications and estimates of cost must be approved by the advisory board of the department of engineering and the original draft thereof filed permanently in the office of the department of engineering before further action is taken. [Stats. 1909, chap. 387.]

Notice to bidders.

SEC. 2. Said department of engineering shall, after the approval and filing of plans, specifications and estimates of cost, as in this act required, let such work by contract to the lowest responsible bidder or bidders upon public notice which shall be given as follows: Notice of such work must be published once a week for three consecutive weeks next preceding the day set for the receiving of bids in a paper having a general circulation in the county where the work is to be done. Provided, that in a record kept for that purpose the state engineer shall register any one desiring to be so registered for the purpose of becoming a prospective bidder upon state work, which registration shall be renewed on or before the beginning of each fiscal year, and whenever any state work is to be let by contract the state engineer shall cause a notice of the same to be mailed to each of the addresses so registered at least twenty-five days prior to the date set for the receiving of bids. In each case such notice must state the time and place for the receiving and opening of sealed bids and must also state that bids will be received for the entire work

and also, where possible, for the performance of each of the following parts thereof, viz., first, for the masonry work, including all brick, stone, terra cotta, and concrete work, and all necessary excavations, and filling; second, for the iron work; third, for the carpenter, electric and glazing work; fourth for the plastering work; fifth, for the plumbing and gas fitting work; sixth, for the heating work; seventh, for the tinning, galvanized iron, and slating work; eighth, for the painting and graining work. [Stats. 1909, chap. 387.]

Awarding Contracts.

SEC. 3. On the day named in said public notice the department of engineering shall proceed to publicly open said sealed bids and shall award such contract or contracts to the lowest responsible bidder or bidders. No bid shall be considered unless accompanied with a bond of said bidder equal to ten per cent of his bid with sufficient sureties, conditioned that if said bid shall be accepted the party bidding will duly enter into a proper contract and faithfully perform his or their contract or contracts, in accordance with said bid, and the plans and specifications, which shall be and are hereby made a part of such contract or contracts. Such contract or contracts shall not be binding on the state until they are submitted to the attorney general, and by him found to be in accordance with the provisions of this act, and his certificate thereon to that effect made. If in the opinion of such department of engineering the acceptance of the lowest responsible bid or bids shall not be for the best interests of the state, it may be lawful for them to reject all bids and advertise for others in the manner aforesaid. But after the approval of the plans, specifications and estimates of costs by the advisory board of the department of engineering, if in the opinion of such department of engineering the acceptance of any bid or bids shall not be for the best interests of the state, or if in the opinion of such department of engineering the acceptance of any further bids after the rejection of all bids submitted shall not be for the best interests of the state, it may be legal for them to direct that the erection, construction, alteration, repair, or improvement of any state structure, building, road, or other state improvement of any kind shall be done by day's labor, under the direction and control of the department of engineering. All contracts shall provide that such department of engineering may, as hereinafter

provided, and on the conditions stated, make any change in the plans and specifications. Certified copies of such contracts shall be filed with the controller and the board of examiners. [Stats. 1909, chap. 387.]

Changes in cost.

SEC. 4. After the contract or contracts are let no change shall be made to increase or diminish the cost of any contract in excess of five hundred dollars, except upon the approval of the advisory board of the department of engineering, and then only upon additional plans and specifications and estimates of cost being filed and approved, and amended contracts entered into and filed with the original contract. [Stats. 1909, chap. 387.1

Maximum amount of contract.

SEC. 5. No contract or contracts shall be made exceeding in amount the estimates of costs approved by the advisory board of the department of engineering and no plans and specifications and estimates of cost including expense of advertising and inspection, shall be approved by said board requiring a greater expenditure of money than is appropriated for the specific purpose in the act authorizing the same. [Stats 1909, chap. 387.]

Payments on contracts.

SEC. 6. Payments upon contracts shall be made as the department of engineering may prescribe upon estimates made and approved by the said department and audited by the board of examiners, but no payment shall be made in excess of ninety per cent of the percentage of actual work completed, to which has been added one half of the value of material delivered on the ground and unused. The deparment of engineering shall withhold not less than ten per cent of the contract price until final completion and acceptance of the work. The controller shall draw his warrants upon estimates so made and approved by the department of engineering and audited by the board of examiners and the state treasurer shall pay the same. [Stats. 1909, chap. 387.1

Violation of duty by state employees.

SEC. 7. Any member of the advisory board or person employed under the department of engineering who shall knowingly perform any official act to the injury of the state, or any con

tractor or his agent or employee who shall knowingly permit the violation of the contract of such contractor to the injury of the state, or any agent or employee of any contractor who shall have knowledge of any work being done in violation of contract and does not immediately notify the department of engineering or the inspector upon said work in regard to the same is guilty of a felony and, upon conviction thereof, shall be confined in the state prison for not less than one year nor more than five years, and be liable to the state for double the amount the state may have lost, or be liable to lose by reason thereof. [Stats. 1909, chap. 387.]

Diligent prosecution of contracts.

SEC. 8. Whenever, in the opinion of the department of engineering, the work under any contract made in pursuance of this act, is neglected by the contractor or contractors, or the same is not prosecuted with diligence and force specified or intended in and by the terms of the contract, it shall be lawful for such department of engineering to make a requisition upon such contractor or contractors for such additional specific force, or for such additional specific material, to be brought into the work under such contract, or to remove improper materials from the grounds; of which action of said department of engineering due notice in writing of not less than five days, shall be served upon such contractor, or his or their agent having charge of the work. If such contractor or contractors fail to comply with such requisition within fifteen days, it shall be lawful for said department of engineering to employ upon such work the additional force, or supply the materials so specifically required as aforesaid, or such part of either as they may deem proper, and to remove improper materials from the grounds; and it shall be the duty of such department of engineering to make separate estimates of all such additional force or materials so employed or supplied as aforesaid, and the amount so estimated shall be charged against said contractor or contractors, and deducted from his or their next, or any subsequent, estimate; or the same, or any part thereof, not paid as aforesaid, may be recovered by action from such contractor or contractors, and their sureties. [Stats. 1909. chap. 387.1

Time limit in contracts.

SEC. 9. In all contracts made under the provisions of this act, there shall be a provision in regard to the time when the whole, or any specified portion, of the work contemplated in said contract shall be completed, and also providing that for each and every day the same shall be delayed beyond such time or times so named, the said contractor or contractors shall forfeit and pay to the state a sum of money, to be fixed and determined in said contract, to be deducted from any payment or payments due, or to become due, to said contractor or contractors. Any such contract shall provide for the filing of a sufficient bond by the contractor to secure the payment of the claims of material men, mechanics, or laborers employed upon state work; a penalty of ten dollars per day to be forfeited to the state for each calendar day during which any laborer, workman or mechanic is employed or permitted to labor more than eight hours; a minimum compensation of not less than two dollars per day for labor; that no Chinese or Mongolian labor shall be employed and such other provisions as are now or may hereafter be provided by law. I Stats. 1909, chap. 387.]

Repealing clause.

SEC. 10. An act entitled "An act to regulate contracts on behalf of the state in relation to erections and buildings," approved March 23, 1876, and all acts amendatory thereto are hereby repealed, and all other acts or parts of acts in conflict with the provisions of this act are hereby repealed. Such repeal shall not effect, however, the operation of any other act heretofore passed, whether such act shall refer to the act hereby repealed or not, so as to exempt any public work from the provisions of this act. [Stats. 1909, chap. 387.]

Saving clause.

SEC. 11. All of the provisions of this act shall be so construed as to preserve and keep in full force and effect all causes of action and actions for penalties which have already accrued or may hereafter accrue under any contract, heretofore entered into, against any contractor or person under and by virtue of the provisions of said act entitled "An act to regulate contracts on behalf of the state in relation to erections and buildings," approved March 23, 1876, which is repealed by virtue of this act, and all such actions and causes of action may be prosecuted to