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<br />D. Owner will initially attempt to negotiate a contract with the first ranked Proposer. If Owner does not <br />require any modifications to the scope, time, or price, then the first ranked Proposer shall execute the <br />Construction Agreement as awarded. If for any reason Owner is unable to reach a contract with the <br />first ranked Proposer, then Owner will give written notification to that Proposer that negotiations are <br />ended and will then proceed to negotiate with the next ranked Proposer in the order of selection <br />ranking until such time' as a contract is reached or all proposals are rejected. Proposals may be <br />rejected at any time. <br /> <br />1.17 EXECUTION OF CONTRACT <br /> <br />A. No contract shall be binding on Owner until it has been executed by Owner or its duly authorized <br />representative, and same delivered to the Contractor. <br /> <br />1.18 FAILURE TO EXECUTE CONTRACT <br /> <br />A. The failure of the Proposer to execute the required bonds or to sign the required contract within five <br />(5) business days after the contract is awarded shall be considered by Owner as abandonment of the <br />proposal and Owner may annul the award. <br /> <br />1.19 PURCHASE ORDER <br /> <br />A. Purchase order(s) shall be generated by Owner to the Contractor. The purchase order number must <br />appear on all itemized invoices. <br /> <br />1.20 NOTICE TO PROCEED <br /> <br />A. Upon the execution of bonds and contract, Owner will issue a written Notice to Proceed to the <br />Contractor requesting that it proceed with construction, establishing the commencement of the contract <br />time, and the Contractor shall commence work within ten (10) days after the date of Notice to Proceed. <br /> <br />1.21 CONSTRUCTION SCHEDULE <br /> <br />A. The time for completion is _0 'clock p.m. on the _ calendar day after date of commencement <br />of work, and such deadline for competition will be included in the Construction Agreement. <br /> <br />1.22. LIQUIDATED DAMAGES <br /> <br />A. Should the Contractor fail to achieve completion of the work within the specified completion schedule, <br />then the sum of and No/l00 Dollars ($ ) per calendar day of delay will be <br />deducted from the monies due the Contractor for the work, and such sums shall be reasonable <br />liquidated damages due to the impracticability or impossibility of ascertaining the actual damages. . <br /> <br />1.23 PERMITS <br /> <br />A. The Contractor shall be responsible for obtaining all necessary permits. <br /> <br />1.24 MATERIALS TESTING <br /> <br />A. Owner will be responsible for providing or contracting for inspection services and materials testing, <br />all in accordance with Texas Local Government Code ~271.116(c) and any other applicable statutes. <br /> <br />-11- <br />