Bids to be publicly read. Rejection of bids. OF ROADS AND BRIDGES. as aforesaid, or a certified check upon some reliable bank or banking institution, in such sum as the said Commissioner and the said Levy Court may determine, and conditioned that if the contract shall be awarded to the said bidder he will, when required by the said Commissioner, execute a proper agreement with surety, as hereafter provided, for the faithful performance of said contract according to the said plans and specifications when the first bond or certified check may be returned to the bidder. All bids so submitted shall be publicly read at a meeting of the Levy Court at the time and place for opening the same as stated in said advertisement and referred to the said Commissioner and also to the Levy Court for their final approval. The said Levy Court or the said Commissioner may reject any or all bids if in their opinion good cause exists therefor, but otherwise the said Levy Court shall award the conSuccessful bid- tract to the lowest responsible bidder. The successful bidder der to give bond. State and County not liable for damages. Partial payments on account of contract. 5 per cent. of contract price to be retained for one year. shall give satisfactory evidence of his ability to perform the contract and shall also furnish a bond for one-third of the amount of the cost of the construction of the work, conditioned that the work shall be performed in accordance with the plans and specifications and terms of the contract, as hereinbefore provided, said bond also to be an indemnity against any direct or indirect damages that may be suffered or claimed during the construction of said highway or section thereof and until the same shall be duly accepted as herein provided. In no case shall the State of Delaware or New Castle County be liable for any damages claimed or suffered in such case. Section 7. Partial payments may be made on account of said contract provided for under this Act, and paid in the manner herein prescribed when certified to by the said Commissioner not exceeding eighty per centum of the full value of the work done prior to said payment; and in every contract made as aforesaid it shall be specified that at least five per centum of the contract price shall not be paid to the contractor within the period of one year after the work specified to be done by such contract, shall have been fully performed and accepted by the said Levy Court, and the said OF ROADS AND BRIDGES. Commissioner; and all said contracts entered into under the provisions of this Act, shall provide for the full maintenance and keeping in repair of all highways or sections thereof, as built under said contract or contracts, for the period of one year from the date of completion and acceptance at the entire cost of the contractor. to be executed. Section 8. All contracts made under the provisions of Contracts, how this Act, shall, on behalf of the Levy Court be executed by the President thereof; each contract shall be executed in triplicate, one copy to be filed with the State Treasurer, one to be filed, with the said Commissioner, and one with the Comptroller of New Castle County. where. to be final. Section 9. After the contract has been filed, as hereinbe- Decision of fore provided, the said Highway Commissioner shall take Commissioner entire charge of the work done under said contract, and his decisions upon all matters pertaining to said contract shall be final. Supervisor. He shall as soon as practicable appoint a supervisor of Commissioner the construction of the work under such contract, who shall to appoint receive for his services under this Act, three dollars ($3.00) per day, to be paid by the Levy Court. Supervisor. Supervisor, The said Commissioner may, however, at any time sum- Commissioner marily discharge any supervisor who in his judgment is in- may remove competent or who neglects his duty, and in such case shall appoint a new supervisor to take the place of the one so discharged; the supervisor shall supervise all work done under said contract; shall give his whole time thereto, shall require the duties of. the provisions of the contract to be strickly adhered to by the contractor, and in any case where the contractor provides for partial payments during the progress of the work he shall also, as each payment becomes due, and before payment shall be made, present to the Levy Court and to the said Commissioner a certificate, and also a certificate of the surveyor or engineer, if any there be, stating as near as may be the total amount of work done, and that such work has been done in all respects as required by the contract; the Levy Court shall have power to appropriate such sums of Payments on money for the purpose of carrying on such work as may from time to time become necessary; and when the work shall contracts. Proportion of costs paid by State. Limit of amount from State. Levy Court to ascertain cost of contracts and include OF ROADS AND BRIDGES. be fully completed, and the terms and conditions of the contract shall be fully complied with, and such facts shall have been certified to the said Levy Court and the said Commissioner to their satisfaction, by the supervisor and the surveyor and engineer, if any there be, payment in full shall be made, less the amount required to be withheld for the period of at least one year, as in Section Seven of this Act is specified; and when the work under any contract shall have been fully completed, it shall be the duty of the supervisor to prepare a detailed and itemized statement in duplicate of the cost of the improvements, one copy whereof shall be filed with said Levy Court, and one with the said Commissioner. Section 10. One-half of the cost of highways constructed, under this Act, shall be paid for out of the State Treasury, upon warrants drawn by the said Commissioner, as provided for in Section Four of this Act; provided that the amount so paid shall not in any one year exceed the sum appropriated by the General Assembly for such purpose. But after the sum appropriated by the General Assembly for such purpose, has been exhausted, then the said Levy Court and the said Commissioner may cause to be improved under the provisions of this Act, any additional highway or highways or section thereof, the total cost of the construction or improvement of said additional highway or highways or section thereof to be paid by the said Levy Court. Section II. On or before June thirtieth in each and every year, it shall be the duty of the Levy Court of New Castle County to ascertain one-half of the estimated cost of all work budget for suc- for which contracts shall have been awarded under this ceeding year. same in tax Act during such year, and the said Levy Court shall include the sums so ascertained in the annual tax budget for the succeeding year as a part of the fund necessary to be raised by general taxation for the succeeding year, as aforesaid. If a deficiency shall exist in consequence of the cost exceeding the estimate, or in consequence of the receipt of less than one-half of the cost from the State Treasury, the Levy Court shall have authority to borrow on temporary loans to money on tem- the amount of such deficiency until the next annual taxes shall be assessed, collected and paid over to the county; and Levy Court may borrow porary loans. OF ROADS AND BRIDGES. if there be a surplus in consequence of the cost being less than the estimate, such surplus shall be retained and used in the construction of other highways under this Act, or in repairs to highways constructed under this Act. County roads. appoint County Section 12. Any road constructed under the provisions Roads improvof this Act, except within the limits of any city, shall forever ed to be thereafter be a County Road, and the duty of keeping the same in repair, except within the limits of any city, shall devolve upon the Levy Court of New Castle County, and the County Supervisor hereinafter mentioned, and all other powers and duties respecting such roads, except within the limits of any city, shall be imposed upon and vested in the said Levy Court to the exclusion of all hundred, borough or other municipal officers, excepting city officers; after the first highway shall have been constructed under this Act in New Castle County, it may be the duty of the Levy Court to appoint a county supervisor of roads, who shall hold his Levy Court to office for four years and until his successor is appointed; he supervisor. shall give bond to the Levy Court in the sum of one thousand dollars ($1,000) conditioned for the faithful perform- Bond. ance of the duties of his office, with such sureties as the Levy Court may approve, and shall receive such salary or Salary. allowance as the Levy Court may fix; the Levy Court shall provide all moneys necessary to keep in a proper state of repair the roads constructed under this Act, except within the limits of any city, and may, if there be no moneys on hand that can be lawfully used for such repairs, borrow therefor on temporary loans until the next annual taxes shall have been assessed, collected and paid over to the county; it shall be the duty of the county supervisor to re- Duties of port to the Levy Court all repairs he may think necessary or visor. proper to be made to such county roads, and under the direction and control of the said Levy Court to spend moneys raised for such repairs in such manner and upon such portions of the road as will tend to keep them in the best possible state of repair; no part of said money shall be paid into the hands of the said county supervisor, but all expenses of repairs shall be paid by the County Treasurer on the order of the Levy Court, granted only on the presentation of bills verified and approved by the County Comptroller; it shall be the duty of the authorities of any city within. County Super Manner in which property owners may take action. OF ROADS AND BRIDGES. which any portion of any highway may be constructed under the provisions of this Act to keep the portion thereof within such city in repair forever after such construction, and such city shall have the same power, authority and jurisdiction over such portion of such road, and shall have imposed upon it the same duties as were imposed upon and vested in it with respect to such portion of such road before its improvement under the provisions of this Act. Section 13. That if any property owner or owners along any highway in New Castle County, Delaware, which has not been improved or is not undergoing improvement under the previous sections of this Act, shall desire any section of any road in said County to be improved, and are or is willing to contribute the whole expense of such improvement, they, he or she shall provide at their, his or her own expense a plan of such section of highway so to be improved, in which shall be given the levels and distances, and all specifications, which shall state the materials which shall be used and the manner of using them; and a copy of such plan, specification and of any bids to do such work shall then be submitted by such owner or owners to the said Highway Commissioner and by said Commissioner shall be submitted to the Levy Court of New Castle County, as in case of other plans and specifications as hereinbefore provided for, and if said Commissioner and Levy Court shall approve them, it shall then be lawful for such owner or owners to accept any bid or bids so approved from among the bidders, and proceed to build such section of road according to such plans and specifications, and such owner or owners shall have control of the expenditure of the moneys used to make such improvement, subject to the approval and supervision of the supervisor of said county; and upon the completion of the improvement to the satisfaction of the said supervisor and the said Commissioner and Levy Court, and upon the submission to the said Levy Court of receipts showing full payments for materials furnished and work done under the plans and specifications, such section of highway so improved shall thereafter be a County highway. Section 14. |