SEC. 19. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11

of Acts repealed.

Rev. Stat. 4.

1875, 65.

chapter one of the revised statutes of 1866, and all acts Gen. Stat. 75. and parts of acts amendatory or supplemental to said sections, are hereby repealed. Approved, February 25, A.D. 1879.

To provide for the erection of a wing to a Capitol building at the city of Lincoln, and appropriating funds therefor.

Be it enacted by the Legislature of the State of Nebraska :

Appropriation.

SECTION 1. That the sum of seventy-five thousand dollars shall be, and the same is hereby, appropriated out of any money in the general fund not otherwise appropriated, for the erection of a wing to what is now or hereafter may be the capitol building of the state of Nebraska, in the city of Lincoln, and shall be expended under and by direction of a board composed of the board Board of superof public lands and buildings and the committees of the senate and house on public lands and buildings as hereinafter provided. Said board and committees to discharge the duties created by this act without compensation except actual expenses, to be taken from the appropriation created by this act.

vision.

Advertisement for plans, etc.

Adoption of plan.

SEC. 2. Within thirty days after the taking effect of this act, it shall be the duty of the said board to advertise for sixty days in five newspapers, three of which shall be published in the state of Nebraska (one in Lincoln and two in Omaha), and one in the city of Chicago, and one in the city of St. Louis, calling for plans and specifications for a capitol building, and said notice shall also contain a statement that the state will not be liable to any person furnishing plans and specifications so called for, except the one which shall be accepted, one wing of which to be immediately constructed as hereinafter provided, said wing not to exceed in cost seventy five thousand dollars, and to be built in conjunction with and so built that it may be used in connection with the present capitol building, and so constructed as to form a part of what may eventually be a symmetrical capitol building for the state of Nebraska; said wing to be so constructed as to contain rooms convenient for offices or committee rooms on the first floor, and on the second floor a hall for the house of representatives, said hall to contain an area of not less than four thousand square feet, together with appropriate galleries; and the building shall contain all the gas piping, plumbing, drainpipes, ventilating shafts, or ducts, and flues necessary or convenient for lighting, ventilating, and heating the same by steam.

SEC. 3. Within twenty days after the day named in the advertisement, it shall be the duty of the said board, in conjunction with a competent builder, who shall not be interested in the letting of said contract, said builder to be appointed by the governor, to adopt that one of the plans so submitted which shall in their judgment be calculated to best supply the wants and meet the requirements of the state. And they shall have the right to reject any or all of the plans submitted.

of architect.

SEC. 4. The board shall allow as compensation for compensation the plan adopted, one and one-half per cent on the contract price of said wing of said building to be constructed; but said architect shall for the compensation aforesaid make the general plan, specifications, working and detailed drawings necessary for the construction of the said wing of said building. Upon the letting of the contract, and the completion by the architect of the general plan, specifications, and the working and detailed drawings as above provided, the board shall certify the contract price to the auditor, who shall thereupon draw his warrant on the general fund for one and one-half per cent of the contract price in favor of the architect.

for building

SEC. 5. The said board shall within thirty days after Advertising the adoption of the plan and specifications, advertise in contract. five newspapers, one of which shall be published in Lincoln, and two in Omaha, and one in the city of Chicago, Illinois, and one in the city of St. Louis, Missouri, for sixty days, for bids for the erection of a building in accordance with the plan and specifications adopted. The plan and specifications shall be kept in the office of the commissioner of public lands and buildings, and he is hereby made custodian of the same, and it shall be his duty to see that they are carefully preserved, and shall remain the property of the state. On the day specified

in the advertisement for the examination of the bids, the contract shall be awarded to the lowest and best responsible bidder, for the state. The board shall require a good and sufficient bond, or other good security, in the sum of twenty thousand dollars, to accompany each bid. Such bond or other security shall be made payable to the state, on condition that if the party making the bid shall be awarded the contract, he will, within fifteen days after the award, execute the bond provided for in section ten of this act, and in default of such bond or other security being filed with the board, before the bids

Award of contract.

Superintendent of construction.

are opened, the bid shall not be considered. The board shall reserve the right to reject any and all bids, if, in the opinion of a majority of the board, it shall be for the best interests of the state so to do.

SEC. 6. In the event that all of the bids shall be rejected, the board shall immediately advertise again, same as before, except the time shall be for thirty days instead of sixty days. At the time mentioned in said advertisement the contract shall be let to the lowest and best bidder for the state, unless all the bids shall again be rejected, in which event the board shall forthwith advertise again, in the same manner as in this section provided, and shall continue to so advertise until the contract shall be awarded.

SEC. 7. Immediately upon the awarding of the contract, the board shall appoint a competent, practical builder as superintendent of construction, whose duty it shall be to see that the plans and specifications adopted by the board are faithfully carried out by the contractor in the construction of said building. And it is hereby especially made the duty of the superintendent to see that the material used in the construction of, and work done upon the said building, shall in all respects conform to the plan and specifications.

It shall also be the duty of said superintendent to make and return to the board monthly statements showing the amount and progress of the work done on said building, and such other information in regard to his duties as the board may require. Such statements shall be made in writing, and sworn to by the superintendent. The superintendent, before entering upon the discharge of his duties, shall execute a bond to the state of Nebraska, with good and sufficient sureties, in the sum of twenty-five thousand dollars, to be approved by the governor, and conditioned for the faithful performance of his duties as specified in this act. The superintendent

shall be allowed by the board as compensation for his compensation. services two per cent on the contract price of the work done under his supervision, which amount shall be certified to by the board, and on such certificate the auditor shall issue a warrant on the treasurer, payable out of the general fund for said amount, as the work progresses.

ing.

SEC. 8. The walls of said building shall be construct- Walls of build ed of stone, or stone and brick, as the board may decide after inspecting the plan that shall be adopted.

tractor.

SEC. 9. The contractor, before entering on the execu- Bond of contion of the contract, shall execute a bond to the state of Nebraska in the penal sum of not less than one hundred thousand dollars, with good and sufficient sureties, to be approved by the governor, conditioned for the full and entire completion of said wing and its connection with the present capitol building, so that it may be used in connection therewith, and for the faithful performance of the contract in all respects. Said bond shall be given within fifteen days after the awarding of the contract, or, in default thereof, the contract shall be awarded to the next lowest and best bidder, or the board may readvertise for bids, if in the opinion of a majority of the board it shall be for the best interests of the state, and the defaulting party shall pay to the state all damages which it may sustain by reason of such defaulting party having failed to execute the bond and perform the con

tract.

SEO. 10. The contract shall provide for the comple- How payments tion of said building by the first day of December, 1880. During the progress of the construction of said building the superintendent shall make out and file with the board his estimates of the work done and material furnished by the contractor, and the board shall, after an examin. ation of such estimates, certify to the auditor the amount found due the contractor. Upon such certificate being