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Notices shall be effective when received at the address ass cified above. Facsimile transmission is acceptable notice effective when receivedprovided, however, that facsimile transmissions received i.e. printed- after 5 : 00 .m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day o a holiday. Either pagy may chane its address for the Rurposes of this section by written notice to the other V ty given in accordance with the provisions of this section. 3.4.8. Florida Produced Lumber. Construction Manager agrees to comply with the provisions of Section 2 55 .20 Florida Statutes as such statute may be, amended from time to time wherein Indian River Counjy as Own m.r must specify lumber, timber and other forest products produced and manufactured in Florida whenever such Products are available and their price. fitness and quality are equal . 3:4.9. Li uidated Damages. Upgn failure of Construction Manager to Substantially Com fete the Contra within the s cified ppriod . of timeplus approved time extensions the Construction Manager shall 12ay to wner the amount of Two Thousand Dollars 2000 for each calendar day after the timespecified, not as a penalt but as liquidated: damages to Owner due to failure of Construction Manager timely to complete the Project. Liqt idated damages in the amount of Two Thousand Dollars 2000 are hereby fixed and agreed upon between the 2gqjM recognizing the im ' ssibilit of Rrecisely ascertaining the amount of damages that will be sustained by O vner as a consequence of such dela and both parties desiring to obviate any question or dispute concerning thea ount of such damages and the cost and effect of the failure of Construction Manager to complete the Contract on ime . Constructi I on Manager and Owner agree that Owner is authorized to deduct all or an portion of the abov -stated li uidated dama es from monies' due to Construction Manager for the Work under this Contract as the ON Pner deems just and reasonable. Construction Manager and Owner further agree that the 1 ' uidated damages are sub ' c to a cap that is equal to one-half M ) of the amount of the final amount of the Construction Manager' s Fee. 3.4.10. Trench Sgifety. FloridaStatutes Section 553 .60 through 553 .64 known as the "Trench Safety Act" requires all contractors'en 91 ged by Indian River County Florida to comply with Occupational Safety and Health Administration' s excavation safety standard, found in 29 C.F.R. s. 1926.650 Subpart P. All prospective subcontractors are re Hired to sign a Trench Safety Act Compliance Statement and 12rovide compliance c st information where indicated. The costs for complying with the Trench Safety Act must be incorporated it ito the Project' s Guaranteed Maximum Price. 3.4.11. Conflict. In the event of any conflict between the provisions of the A 12 1 as modified and the A2 1 as modified the 'provisions of the 'A121 as modified shall control unless otherwise specificallv set forth in ihe Contract Documents, 53.4. 12'. Direct Purchase Procedures. A. Administrative guidelines 'governing the taxability of materials purchased for public works contracts such as the Project under these Contract Documents are contained in Rule 12A- 1 .094 Florida Administrative Code. B . The exemption: in Florida Statutes Section 212.08(6) is a general exemption for sales made directly to the government. A determination whether a particular transaction is Rroperly characterized as an exempt sale o a governmental entity or a taxable sale to or use by a contractor shall be based on the substance of the trans ction rather than the form in which the transaction is cast. The determination of whether the substance of a icular transaction is>. a taxable sale to or use by a contractor or an exempt direct sale to a governmental entity, ba ed on all of the facts and circumstances surrounding the transaction as a whole is ultimately made by the Florida D artment of Revenue . C. The conditions that must be met to satisfy the re uirements of Rule 12A- 1 .094 Florida Administrative ode and establish that Indian River County as Owner rather than the Construction Manager is the purchaser of materials include : AIA Document A121 TMCMc - 2003 and AGC Document 565. Copyright © 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING : This document Is protected by U.S. Copyright Law and Internatic nal Treaties. 10 Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties , and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:50:12 on 04/19/2005 under Order No. 1000126313_I which expires on 6/29/2005, and is not for resale. (1413727908) User Notes: �J