1648 LAWS OF MARYLAND. [CH. 761

opened at the time specified in said advertisement, and
the contract for such work or for the supplies and mate-
rials required for such construction shall be awarded
by the Commission to the lowest responsible bidder,
unless in the opinion of said Commission the interests
of the State shall be better served by awarding the con-
tract to some other bidder, when this may be done. All
work which shall be done by the said Commission, whether
on State roads, county roads or municipal streets, the
labor and materials of which are estimated to cost over
one thousand dollars ($1, 000), shall be advertised as afore-
said, except such labor and materials as may be required
from time to time to maintain the various roads to the
width and cross section, as previously or originally con-
structed. 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
accordance with plans and specifications prepared by the
chief engineer and approved 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 Commis-
sion to the State of Maryland in not less than the amount
of the contract price. In no case shall any such bond be
approved or accepted unless the obligors 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 contract 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 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 $20, 000............................................................ $ 500

$20, 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