1368                        LAWS OF MARYLAND.                  [CH. 539

materials shall be given out after competitive bidding, the suc-
cessful bidder shall promptly execute a formal contract to be
approved as to its form, terms and conditions by said commis-
sion, and shall also execute and deliver to said commission a
good and sufficient bond to be approved by said commission 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 improvement of the road
contracted for. To all such bids there shall be attached 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 exe-
cute said contract and bond. Upon the execution of said con-
tract and bond by a successful bidder his check shall be re-
turned to him. The amount of the check to be attached to the
bid shall be based on the aggregate amount of the bid submitted
and covered by the following table:

Aggregate Amount of Bid               Amount of Check

Less than $30, 000................   $ 500

$30, 000 to $50, 000...............    1, 000

50, 000 to 75, 000...............    1, 500

75, 000 to 125, 000...............    2, 000

125, 000 to 175, 000...............    2, 500

175, 000 to 225, 000...............    3, 000

225, 000 to 275, 000...............    3, 500

275, 000 to 325, 000...............    4, 000

325, 000 to 375, 000...............     5, 000

375, 000 to 425, 000...............     6, 000

425, 000 to 475, 000...............    7, 000

475, 000 or more.................    7, 500

The checks of the unsuccessful bidders shall be returned
to them after opening the bids and awarding the contract to
the successful bidder.

The said commission, with the consent of a majority of
all its members, may itself do any part or parts of any such
work under such conditions in every respect as it may pre-
scribe by day labor, whenever the chief engineer, in writing,
shall recommend that course.