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2. Proposer being interested in any manner in any litigation involving Owner; <br />3.Proposer being in arrears on any existing contract or having defaulted on any previous <br />contract; <br />4.Lack of competency as revealed by the financial statement, experience and equipment, <br />Questionnaire, or qualification statement; <br />5.Uncompleted work which in the judgment of Owner will prevent or hinder the prompt <br />completion of additional work if awarded. <br />1.9PREPARATION OF PROPOSAL <br />A.Proposer shall submit her/his proposal on the Proposal Form furnished as part of the proposal <br />documents. All blank spaces in all forms shall be correctly filled in and the Proposer shall state the <br />prices, written in words and in figures. Where there is a discrepancy between the price written in <br />words and the price written in figures, the price written in words shall govern. If the proposal is <br />submitted by an individual that person's name must be signed by that person or by that person's duly <br />authorized agent. If the proposal is submitted by a firm, association or partnership, the name and <br />address of each member must be given, and the proposal must be signed by an official or duly <br />authorized agent. Powers of Attorney which authorize agents or others to sign proposals must be <br />properly certified and must be in writing and submitted with the proposal. <br />1.10PROPOSAL SECURITY <br />A.Each proposal must be accompanied by proposal security made payable to Owner in an amount of <br />five percent (5%) of the Proposer's maximum proposal price; and same shall be in the form of a <br />cashier's check or a Proposal Bond, duly executed by Proposer as principal and having as surety <br />thereon a corporate surety authorized and admitted to do business in the state of Texas and licensed <br />to issue such bond, as a guarantee that the Proposer will enter into a contract and execute the <br />required Performance and Payment Bonds within five (5) days of Owner's award of contract. <br />B.The Proposal Security of the Contractor will be retained until such Proposer has executed the <br />Construction Agreement and furnished the required bonds, whereupon the proposal security will be <br />returned. If the Contractor fails to execute and deliver the Construction Agreement and furnish the <br />required bonds within five (5) days of Owner's award of contract, Owner may annul the award of <br />contract. In that event, the proposal security of that Proposer will be become the property of Owner <br />as liquidated damages. Owner reserves the right to award the Construction Agreement to the <br />next-ranking Proposer based on Owner's evaluations of the proposal as Owner deems to it be in the <br />best interest of Owner. The proposal security of the other proposers whom Owner believes to have <br />a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh <br />(7th) day after the effective date of the Construction Agreement or the ninety- fifth (95th) day after <br />the proposal opening, whereupon the proposal security furnished by such proposers will be returned. <br />C.Owner has the right to retain the proposal security of all Proposers until either: <br />1. the Construction Agreement has been executed and the bonds have been furnished, or <br />2.the specified time has elapsed so that proposals may be withdrawn, or <br />3.all proposals have been rejected. <br />-11- <br /> <br />