ART. 91] PUBLIC ROADS. 2007

such road building or improvement, setting forth the place where such
road is to be built or improved, and giving a general description of said
proposed work, and stating that sealed proposals for the performance
of said proposed work in accordance with the plans and specifications
will be received until a day named in the advertisement, provided that
nothing in this section shall require the county commissioners of any
county, upon the petition of such persons agreeing to pay ten per
centum to advertise for work to be done under the provisions of this
sub-title to an amount greater than twenty-five per centum of the road
levy of said county; and the board of county commissioners shall fur-
nish a copy of the said specifications for such proposed work to any
prospective bidder who may request the same; and the said board shall
reserve the right to reject any and all bids and to do the work accord-
ing to said plans and specifications by such arrangement as they may
deem best.

The proviso in this section with reference to the county commissioners not
being required to advertise for work to a greater amount than twenty-five
per centum of the road levy, refers to the whole estimated cost of the road,
and not merely to the ultimate net cost to the county. In determining
whether the cost of the work will be greater than twenty-five per cent, of
the road levy, the commissioners must be guided by the estimate of the
economic commission to be furnished under section 68. The county commis-
sioners might in their discretion, advertise although the estimated cost was
greater than twenty-five per cent, of the road levy, if they thought said
estimate was too high; risk thus taken. Mandamus refused. Frederick
County v. Fout. 110 Md. 167 (decided prior to the act of 1910, ch. 217).
See notes to sec. 67.

1904, art. 91, sec. 39. 1904, ch. 225, sec. 7. 1910, ch. 217, sec. 39 (p. 317).

72. On the day stated in such advertisements, the proposals shall
be publicly opened and read and the contract shall be awarded to the
lowest responsible bidder, provided his bid does not exceed the amount
estimated by the state roads commission aforesaid as a proper maxi-
mum cost of said work; and provided further, that any and all bids
may be rejected in the discretion of the county commissioners, and if
all bids shall exceed the amount specified, or be rejected, then no con-
tract shall be given unless the county commissioners and the state
roads commission shall both agree to give the same, and proceedings
may be had anew in the same manner as first provided, and the con-
tractor shall in all cases before entering upon his work be required
to execute a contract with the board of county commissioners to per-
form the work according to the specifications, and also give bond to
aaid county commissioners conditioned for the faithful performance of
such contract in a sum not less than the total amount of the contract
and with such incorporated surety company as surety as the board may
approve.

See notes to sec. 67.

Ibid. sec. 40. 1904, ch. 225, sec. 8. 1910, ch. 217, sec. 40 (p. 318).

73. All contracts for work to be done under the provisions of this
sub-title shall be subject to the approval of state roads commission.
See notes to sec. 67.
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