unauthorized withdrawal of a bid. Withdrawal from a sealed box, of course, is out of the question, although withdrawal might be allowed after opening the box and before the opening of any bid, if it should seem desirable to do so.

There is an advantage sometimes in having plans and forms available in large cities, as illustrated below:

E. Plans may be seen, and specifications, form of proposal, bond and contract obtained at the office of the Engineer of the Board of Water Commissioners, and at the office of Blank & Blank, Consulting Engineers, Park Avenue, New York City.

Alternative forms used are as follows:

F. All bids shall be made on the blank form of proposal annexed hereto, shall give the price for each item of the proposed work, both in writing and in figures.

G. All proposals must be made upon the blank form herein contained; must give the prices for each and all items of the work proposed, both in words and figures in ink; and be signed by the bidder with his business address and place of residence.

H. All bids must be made upon the blank form hereto annexed. Bidders will state prices for each separate item of the work, by which the bids will be compared. These prices are to cover all the expenses incidental to the completion of the work in full conformity with the specifications. The prices bid must be stated both in words and in figures. All bids which do not contain prices for all the items which are called for in the forms for bids, or which are otherwise not in conformity with this notice, will be rejected.

The use of the blank forms provided has been discussed in connection with the Advertisement; it secures uniformity and makes it certain that the bidder undertakes to sign the Contract in the required form, and to forfeit his certified check if he fails to do so. The use of words and figures in the bid serves to prevent any mistake in reading the prices bid, and is a requirement properly made in Information for Bidders, rather than in the Advertisement.

In cases where full printed forms, bound in a pamphlet, are not used, the phraseology should be:

I. All bids shall be made on the blank form of Proposal provided by the Board for that purpose.

The statement that each bid must be accompanied by a certified check repeats the statement made in the Advertisement, which is discussed in connection with it. The details as to returning or forfeiting the checks belong to Information for Bidders, and need not be elaborated in the Advertisement.

Various readings are used:

J. All such deposits, except that of the successful bidder, will be returned on demand to the persons making the same, within three days after the contract is awarded.

K. Within three days after the decision as to who shall receive the contract.

L. After the execution of the contract and the acceptance of the bond by the Commissioners of Sewerage, the check accompanying the proposal of the successful bidder shall be returned.

The Contract is not fully awarded until the formal Contract is executed and the surety company's Bond filed. The second bidder and the other higher bidders should not be discharged before the transaction is completed by the execution of the Contract and filing of the Bond, or by the rejection of all bids.

Other readings taken from forms for Information for Bidders are as follows:

M. A bond in the sum of

dollars with a surety company satis

factory to the Company, will be required for the faithful performance of the contract.

N. A bond in the sum of ....

dollars will be required to be executed by the party to whom the contract is awarded with an incorporated surety company duly authorized to execute the same.

Satisfactory security is further made a part of the above provision.

O. A bond in the amount of

dollars will be required for the faithful performance of the contract. The name and address of each surety offered must be stated in the bid or proposal. The surety must be satisfactory to the Board.

P. An approved surety company is required.

Q. A bond will be required for the faithful performance of the contract in such sum as shall be fixed by the Commission after the bids are opened, said sum to be not less than one-fourth nor more than one-half of the amount of the contract.

This appears to be an undesirable provision; the amount of the Bond should be a definite sum fixed before the letting. Otherwise there is no assurance that all bidders will receive equal treatment if awarded the Contract. The same criticism applies to the following:

R. A bond will be required for the faithful performance of the contract in a sum not less than ten and not exceeding twenty-five per cent of the amount of the contract, with two or more sureties (who must be residents of Massachusetts) satisfactory to said Board, or an approved surety company.

In connection with the furnishing of the Bond, comes the provision that, with the bid, shall go a statement with relation to the surety offered, and the following are additional forms:

S. The bidder is required to state below the names and addresses of the sureties offered as security on the bonds to be given for the faithful performance of the contract, and the amount in which each will qualify.

T. The bidder is requested to name the sureties or the surety company who will sign his bond in case the contract is awarded him.

U. The bidder shall here give the name and address of the surety company that will, if acceptable, sign his bond.

V. The bidder is required to name a surety company or surety companies, one of which will sign his bond in case the contract is awarded to him.

The provision for forfeiture of the certified check differs materially in different readings, not only in form, but also in legal effect. The provision for execution of the Contract in triplicate is a detail; one copy commonly goes to the City, one to the Contractor, one to the City Auditor as a basis for his auditing the monthly and final estimates.

It should be understood that the Proposal is an offer which when accepted becomes a legal Contract, and further attention to this feature is given in connection with the Proposal, which should contain a definite agreement as to the forfeiture of the certified check. It is proper that a statement with relation to it should be a part of the Information for Bidders.

Alternatives to the provision contained in the sample form A are as

follows:

W. The contract must be signed and the bond furnished within six days (Sunday excepted) after the date of the notification by the commission of the acceptance of the proposal and readiness of the contract for signature; and in case of the failure of the bidder, after such notification, to sign the contract and to furnish the bond within the said time, the proposal and acceptance shall be null and void, the Commission shall be at liberty to make other contracts with other parties for the work as it sees fit, and the certified check accompanying the proposal shall become the property of the Commonwealth, and shall be retained by it in consideration and full compensation for all loss, damage, and delay caused to the Commonwealth by the failure of the bidder to sign the contract and execute the bond within the time aforesaid.

X. Within ten days (not including Sunday) from the date of the mailing of a notice from the Commissioners of Sewerage to the bidder, according to the address given by him, that the contract is ready for signature, the party to whom the contract is awarded will be required to present forthwith to the Commission the name of the surety company to be offered, to execute the contract and furnish the

bond, duly executed, with satisfactory surety and, in case of his failure or neglect so to do, the Commissioners of Sewerage may at their option determine that the bidder has abandoned the contract, and if the Commissioners of Sewerage determine that the bidder has abandoned the contract, then the certified check deposited with the Commissioners and the amount therein mentioned shall be retained by the Commissioners and shall become their absolute property to reimburse them for expenses, advertising and delays; and it is agreed by the bidder that in case of his default, said check and the amount thereof may be collected and retained by said Commissioners as liquidated damages in full settlement of all claims against him arising under said bid. After the execution of the contract and the acceptance of the bond by the Commissioners of Sewerage, the check accompanying the proposal of the successful bidder shall be returned.

The clause introductory to the statement of the quantities of various classes of work may take, if preferred, either of the following forms:

Y. The Engineer's estimate of the work to be done by which the bids will be tested is as follows:

Z. The excavation, the masonry and other parts of the work have been divided into classes and items in order to enable the bidder to bid for the different portions of the work in accordance with his estimate of their costs, so that in the event of an increase or decrease in the quantities of any particular class of work the actual quantities executed may be paid for at the price bid for that particular class of work.

The provision that the quantities stated are approximate only has various forms as shown below:

a. As the above mentioned quantities, though stated with as much accuracy as is practicable in advance, are approximate only, bidders are required to submit their estimates upon the following express conditions, which shall apply to and become part of every bid received, viz.:

b. These quantities are approximate only, being given as a basis for the comparison of bids, and the Commissioners reserve the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary by the Engineer; and to reject any or all bids or to accept any bid, should the Board deem it to be for the interests of the City so to do.

c. The Board reserves the right to increase or diminish the amount of the different classes of work as may be deemed necessary by its Engineer.

d. On account of the character of the work to be done, quantities given above cannot be estimated with accuracy; therefore, all bidders are required to submit their bids upon the following expressed conditions, viz.: that they have satisfied themselves by personal examination of the location of the proposed work; and by such other means as they may elect as to the degree of accuracy of the foregoing estimates; and that they will not at any time after submission of bids dispute said estimate nor claim any misunderstanding as to the nature or amount of the work

to be done, nor attempt to hold the Commonwealth or any person responsible for the same.

e. These quantities are based upon the construction of the sewer in open cut, are approximate only, being given as a basis for the comparison of bids, and the Commissioners of Sewerage do not expressly or by implication agree that the actual amount of work will correspond therewith, but reserve the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary by the Engineer.

It is sometimes provided that:

f. Quantities shall not be increased or decreased by more than 25 per cent (or other percentage).

A wording which is preferable is :

g. Quantities may be increased or decreased provided the net increase or decrease is not more than 25 per cent.

The difference between the two is, in some cases, vital. Such a provision, if used, should also occur in the Contract, and in the identical wording. The former reading is a better protection against unbalanced bids and favoritism; the latter, a more suitable protection against unforeseen contingencies requiring changes or modifications.

Sometimes a statute or a municipal ordinance requires letting to the lowest bidder, or the lowest responsible bidder. In many cases that is not required and the following alternative forms are in use:

h. The right is reserved to reject any and all proposals, or to accept the proposal deemed best for the Commonwealth.

i. The right is reserved to reject any and all bids, and to waive any defect or informality, at the discretion of the Board.

j. The Commissioners of Sewerage reserve the right to select the bid or proposal, the acceptance of which will, in their judgment, best secure the efficient performance of the work, or to reject any or all bids.

A simple form as to the time of beginning and finishing the work is as follows:

k. The work is to be commenced within ten days after the signing of the contract, unless the Engineer shall authorize or direct a further delay, and is to be continued with regularity until its completion, on or before

Opinions will readily differ as to the amount of red tape desirable in connection with any delay.