Whole cost

amount authorized by law.

construction of said institution, asylum, building, or improvement, more than three per centum of the original contract price or cost.

SEC. 6. That no contract or contracts shall be made for not to exceed the labor or material herein provided for at a price in excess of the entire estimate thereof, in this Act required to be made, and the entire contract or contracts shall not, including estimates of expenses for architects and otherwise, exceed in the aggregate the amount authorized by law for such institution, asylum, building, or other improvement, or such Penalty for addition to, or alteration or improvement thereof, under the penalties of section ten of this Act hereinafter provided.

exceeding.

Directors,

etc., to estimate labor and materials,

due.

Based on

measurement.

SEC. 7. At the time or times named in the contract or contracts made and filed with the Controller of State, or which has been previously made and filed with him, in and amount accordance with the provisions of this Act, for payment to the person or persons with whom such contract or contracts had been made, it shall be and is hereby made the duty of the Commissioners, Directors, Trustees, or other officer or officers, to whom is confided the duty of superintending the erection of such institution, asylum, building, or improvement, or adding to, altering, or improving the same, to make or cause to be made a full, accurate, and detailed estimate of the various kinds of labor performed and materials furnished under such contract or contracts, with the amount due for each kind of labor and materials, and the amount due in the aggregate, which estimate shall be based upon an actual measurement of the labor so performed and materials so furnished, which estimate shall, in all cases, give the amounts of the preceding estimate or estimates, and the amount of Estimate to labor performed and materials furnished since the last estimate, which estimate or estimates so made, as in this Act required, shall be recorded in a book for that purpose to be provided and kept, or caused to be kept, by the said Commissioners, Directors, Trustees, or other officer or officers, and a certified copy thereof, addressed to the Controller of State by the said Commissioners, Directors, Trustees, or other officer or officers, or by such person as they may designate Copy to be for that purpose, be delivered to the contractor or contractors entitled thereto; provided, that upon all estimates of materials furnished and delivered, and not actually having entered into and become a part of said institution, building, or other than fifty per improvement, there shall not be paid, until the same shall be material be incorporated into and become a part of said institution, fin building, or other improvement, exceeding fifty per centum of such estimated value.

be recorded.

delivered to

contractor.

Not more

cent, paid on

fore used

building.

Controller to

mate with contract.

SEC. 8. It shall be the duty of the Controller of State, on compare esti- the receipt of such estimate so certified and approved, to compare carefully the same with the contract or contracts under which labor was done or materials furnished, and if there had been any previous estimates, then with such estimates; and if, upon such comparison, he shall find such last-named estimate in all respects correct, he shall number the same, place it on file, and have a record thereof made, and give to the person or persons entitled thereto, taking his or their

Treasurer for

less ten per

contract, ten

receipt therefor, a warrant on the Treasurer of State for the To issue amount shown by such estimate or estimates to be due, less warrant on the amount of ten per centum thereon, which shall be amount due, retained as an additional security for the faithful perform- cent. ance of his or their contract or contracts, and shall be forfeited to the State in the event of a failure of such contractor Failure of or contractors to conform in good faith to the terms and con- per cent. to ditions of such contract or contracts; but when the labor to be forfeited. be performed and materials furnished, under such contract or contracts, is performed and furnished, and a final estimate thereof made, the Controller of State shall include in the warrant or warrants for the amount of such last estimate the percentage retained on former estimates.

SEC. 9. The Treasurer of State shall pay the warrants issued by the Controller of State, under and by virtue of the provisions of this Act, placing the same on file, and keeping a register of the names of the person or persons to whom such warrants are paid.

fraudulent

estimates.

SEC. 10. Any Commissioner, Director, Trustee, or other officer officer or person otherwise appointed, whose duty it is to making superintend, in whole or in part, the erection of such insti- plans or tution, asylum, building, or improvement, or of adding to, altering, or the improvement thereof, or the making of the plans, descriptions, and specifications of the labor to be performed and materials to be furnished, as provided in this Act, and the estimates of the cost thereof, or the estimates of the amount of labor done and materials furnished from time to time, under and in accordance with the terms and conditions of the contracts in this Act authorized to be made, and the provisions of this Act, who shall, in the performance of the duty herein imposed upon him or upon them, knowingly make incomplete or fraudulent plans, drawings, bills of materials, specifications of work, or estimates of the cost thereof, or permit the work in any other manner than is prescribed in such plans, descriptions, and specifications, or with materials inferior to that required by such bills of materials, to the injury of the State; or shall knowingly make false estimates of the labor done or materials furnished, either in the quantity or price thereof, to the injury of the State; or any contractor, or any agent of any contractor or contractors, who shall knowingly permit. materials to be used or work to be done inferior to, or in Inferior violation of, the contract of such contractor or contractors, not to be to the injury of the State, shall be deemed and held guilty used. of a felony, and, upon conviction thereof, shall be confined Felony. 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.

materials

General to

SEC. 11. It shall be the duty of the Attorney-General to Attorneyhave charge of and direct all the proceedings necessary to enforce enforce the contracts authorized by this Act and the pro- contracts. visions of this Act, against such person or persons as become liable to the penalties herein prescribed.

Officers to require diligence in

Notice to be

served on contractor.

If contract

SEC. 12. Whenever, in the opinion of the Commissioners, Directors, Trustees, or other officers charged with the duty of devising and superintending the erection, alteration, addition to, or improvement of any State institution, asylum, building, or other improvement under this Act, or any law of this State, the work under any contract made in pursuance of this Act, or any such law, is neglected by the contractor or contractors, or that the same is not prosecuted with the diligence and force specified, meant, or intended in and by the terms of the contract, it shall be lawful for such Commissioners, Directors, Trustees, or other officers, to make a requisition upon such contractor or contractors for such additional specific force, or for such additional specific materials, to be brought into the work under such contract, or to remove improper materials from the grounds, as in the judgment of such Commissioners, Directors, Trustees, or other officers, said contract and its due and faithful fulfillment require; of which action of said Board or other officers, 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. And if such contractor or contractors fail to comply with such requisition within fifteen days, it shall be lawful for said Commissioners, Directors, Trustees, or other officers, with the consent, in writing, of the Governor, Treasurer of State, and Secretary of State, 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 Commissioners, Directors, Trustees, or other officers, to make separate estimates of all such additional force or materials so employed or supplied as aforesaid, and which, being certified to by said Commissioners, Directors, Trustees, or other officers, shall be paid by the Controller of State the same as if made out agreeably to section seven of this Act, and the amount so be paid 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.

ors fail to comply with notice, officers to prosecute

the work.

Cost accru

ing by such

paid by contractor.

Time to be fixed for

of contract.

SEC. 13. In all contracts made under the provisions of completion 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 Penalty for contractors shall forfeit and pay to the State a sum of money, non-compli 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.

ance with contract.

Applicable

to former contracts.

SEC. 14. All contracts now made, and not performed, for the erection, alteration, addition to, or improvement of, any State institution, asylum, building, or other improvement, shall, as far as practicable, be performed, completed, and enforced and settled for under this Act, or may, by the consent

of the contracting parties, be made to conform to, and proceed under, the provisions of this Act.

SEC. 15. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

SEC. 16. This Act shall take effect from and after its passage.

CHAP. CCCXXVI.-An Act to authorize the widening of Dupont
Street, in the City of San Francisco.

[Approved March 23, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The width of the street known as Dupont width of Street, in the City and County of San Francisco, shall, sub- street. ject to the provisions of this Act, be increased, so that the said street shall be of the uniform width of seventy-four (74) feet, measuring westerly from the present easterly line thereof, from the northerly line of Market Street to the southerly line of Filbert Street, and the grades of such of the cross-streets as intersect said street shall be adjusted by the Board of Supervisors so as to make them conform to the grade of the west line of Dupont, as said line is hereby established; and the grade of said west line shall be established by said supervisors Board of Supervisors, which is empowered to pass all neces- to establish sary orders for this purpose; provided, that nothing in this Act contained shall be construed to authorize any change of the grade of the east line of Dupont Street, or of any part of Stockton Street.

grade.

SEC. 2. The value of the land taken for the widening of Assessment Dupont Street, and the damages to improvements thereon, of costs. or adjacent thereto, injured thereby, and all expenses whatsoever incident to the widening of said street, shall be held to be the cost of widening said street, and shall be assessed upon the district hereinafter described as benefited by said widening, in the manner hereinafter provided.

be improved.

SEC. 3. The district benefited by said improvement, and District to upon which the cost of making the same shall be assessed, is hereby described and designated as follows:

First-Beginning at a point on the south line of Filbert. Street, equidistant between Dupont and Kearny Streets, and running thence southerly, parallel with the said easterly line of Dupont Street, to the northerly line of Market Street; thence westerly, on the northerly line of Market Street, to Dupont Street; thence northerly, on the easterly line of Dupont Street, to the southerly line of Filbert Street, and thence easterly, on the southerly line of Filbert Street, to the point of beginning, excepting such portions thereof as are dedicated and used for the purpose of streets, alleys, or public squares.

Board of
Commis-

sioners to
consist of

ditor, and Surveyor.

Compensation.

Secretary.

Office.

Notice to property owners.

Second-Beginning on the southerly line of Filbert Street, at a point equidistant between Stockton Street and the westerly line of Dupont Street, as it will be established when said street is widened, running thence southerly, parallel with said westerly line of Dupont Street, as herein established, to the northerly line of Market Street; thence easterly, on said line of Market Street, to the said westerly line of Dupont Street; thence northerly, on said westerly line of Dupont Street, to Filbert Street, and thence westerly, on Filbert Street, to the point of beginning, except such portions as are dedicated and used for the purpose of streets, alleys, or public squares; provided, however, that in case the said street be not widened further north than Bush Street, then the districts aforesaid to be benefited shall be bounded on the north by the southerly line of Bush Street, and on the south by the northerly line of Market Street.

SEC. 4. The Mayor of the City and County of San Francisco, the Auditor of said city and county, and the City and County Surveyor, and their successors in office, are hereby constituted a Board of Dupont Street Commissioners, and, as such, shall possess all the powers and perform all the duties prescribed in this Act. They shall each receive a compensation of two thousand dollars for their services. The said Board may also allow and pay such sums as may be necessary and reasonable for clerks, draughtsmen, surveyor, attorneys, and other incidental expenses. The Mayor shall be ex officio President of said Board. The said Board shall adopt and procure an official seal, which may be used to verify their official acts. The said Board may issue certificates of indebtedness, under their official seal and the signature of the President, for preliminary and incidental expenses.

SEC. 5. Said Board shall employ a Secretary, and such attorneys, clerks, draughtsmen, searchers of records, and other assistants as they may deem necessary and proper, and shall allow them a reasonable compensation. They shall rent and furnish a suitable office for the transaction of its business, if one cannot be furnished in the City Hall; provided, that the rent of said office shall not exceed fifty dollars per month, and the cost of furnishing the same shall not exceed two hundred dollars; and provided further, that no allowance for rent or services shall be made for a longer period than one year.

SEC. 6. As soon as convenient after the passage of the resolution referred to in the twenty-first section of this Act, said Commissioners shall publish a notice for not less than ten days, in two of the daily papers printed in the City of San Francisco, informing property owners along the line of said street that the Board is organized, and inviting all persons interested in property sought to be taken, or which would be injured by said widening, to present to the Board maps and plans of their respective lots, and a written statement of the nature of their claim or interest in such lots. Said Commissioners may also procure abstracts of the title of any of the lots of land taken for said widening, or liable to be assessed therefor.