568 ARTICLE 91.

29.

Altering location of turnpike road after being taken over by State Roads
Commission operates as discontinuance of part of turnpike thus abandoned.
Libertini v. Schroeder, 149 Md. 494.

See notes to sec. 28.

An. Code, 1924, sec. 30. 1912, sec. 36. 1908, ch. 141, sec. 32D. 1910, ch. 218,
sec. 32D (p. 300). 1910, ch. 721, sec. 32D (p. 298). 1929, ch. 549.

30. The said commission, when about to construct or improve in any
manner any highway, shall give the county commissioners of each county
in which it lies a certified copy of plans and specifications therefor, and
a notice that said commission is about to enter upon and proceed with the
work in question. Said commission shall thereupon advertise for at least
two weeks in one or more newspapers published in each county in which
the highway lies, and for three consecutive issues in at least one daily news-
paper published in Baltimore City, for sealed proposals for the construc-
tion or other improvements of said highway, accurately describing the same
and stating the time and place for opening said proposals, and reserving the
right to reject any and all proposals; said proposals shall be publicly
opened at the time specified in said advertisement, and the contract for
such work or for the supplies and materials required for such construc-
tion or work or for the supplies and materials required for such construc-
tion or improvement shall be awarded by the commission to the lowest re-
sponsible bidder, unless in the opinion of said commission, the interests of
the State shall be better served by awarding the contract to some other bid-
der, when this may be done; but said commission shall not be required so
to advertise for proposals or to award any contract for any work or for any
materials or supplies for any amount less than five hundred dollars ($500)
in the aggregate, or where the interests of the State shall be better served
by purchasing cement without advertising for bids. The construction and
improvement of all State highways or parts thereof shall be under the
supervision and subject to the approval of the said commission, in accord-
ance with plans and specifications prepared by the chief engineer and ap-
proved by said commission. In all cases where the contract for work and
materials shall be given out after competitive bidding, the successful bidder
shall promptly execute a formal contract to be approved as to its form,
terms and conditions by said commission, and shall also execute and deliver
to said commission a good and sufficient bond to be approved by said com-
mission to the State of Maryland in not less than the amount of the con-
tract price. In no case shall any such bond be approved or accepted unless
the obligators bind themselves therein to the payment of all just debts for
labor and materials incurred by the bidder in the construction and im-
provement of the road contracted for. To all such bids there shall be at-
tached the certified check of the bidder, and the bidder who has the con-
tract awarded to him and who fails to promptly and properly execute the
contract and bond shall forfeit the said contract. The said check shall be
taken and considered as liquidated damages, and not a penalty, for failure
of said bidder to execute said contract and bond. Upon the execution of
said contract and bond by a successful bidder his check shall be returned to