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Tallahassee, F132308 Phone : (850) 668 -4498 ; Facsimile : (850) 668 -6790 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received , provided, however, that facsimile transmissions received (i . e . , printed) after 5 : 00 p . m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. Either party may change its address , for the purposes of this section , by written notice to the other party given in accordance with the provisions of this section . 63 .4.8. Florida Produced Lumber. Construction Manager agrees to comply with the provisions of Section 255 .20, Florida Statutes , as such statute may be amended from time to time , wherein Indian River County as Owner 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 . 63 .4.9. Liquidated Damages . Upon failure of Construction Manager to Substantially Complete the Contract within the specified period of time, plus approved time extensions, the Construction Manager shall pay to Owner the amount of Eight Hundred Dollars ( $ 800 . 00) for each calendar day after the time specified, not as a penalty but as liquidated damages to Owner due to failure of Construction Manager timely to complete the Project. Liquidated damages in the amount of Eight Hundred Dollars ($ 800. 00) are hereby fixed and agreed upon between the parties , recognizing the he impossibility of precisely ascertaining the amount of damajZes that will be sustained by Owner as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of such damages and the cost and effect of the failure of Construction Manager to complete the Contract on time. Construction Manager and Owner agree that Owner is authorized to deduct all or any portion of the above-stated liquidated damages from monies due to Construction Manager for the Work under this Contract as the Owner deems just and reasonable . Construction Manager and Owner further agree that the liquidated damages are subject to a cap that is equal to one-half ('/2 ) of the amount of the final amount of the Construction Manager' s Fee . §3 .4. 10. Trench Safety. Florida Statutes Section 553 . 60 through 553 . 64, known as the " Trench Safety Act " requires all contractors engaged 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 required to sign a Trench Safety Act Compliance Statement and provide compliance cost information where indicated . The costs for complying with the Trench Safaty Act must be incorporated into the Project' s Guaranteed Maximum Price. §3 ,4, 11 , Conflict. In the event of any conflict between the provisions of the A121 , as modified , and the A201 , as modified , the provisions of the A121 , as modified , shall control , unless otherwise specifically set forth in the Contract Documents . 63 .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 properly characterized as an exempt sale to a governmental entity or a taxable sale to or use by a contractor shall be based on the substance of the transaction , rather than the form in which the transaction is cast. The determination of whether the substance of a particular transaction is a taxable sale to or use by a contractor or an exempt direct sale to a governmental entity, based on all of the facts and circumstances surrounding the transaction as a whole, is ultimately made by the Florida Department of Revenue . C. The conditions that must be met to satisfy the requirements of Rule 12A4 . 094, Florida Administrative Code F. A. C . , and establish that Indian River County as Owner rather than the Construction Manager is the purchaser of materials , include : 1 . Direct Purchase Order. The governmental entity must execute the purchase orders for the tangible personal property involved in the contract, which must include the governmental entity ' s consumer' s certificate of exemption number. The contractor may present the governmental entity ' s purchase orders to the vendors of the tangible 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 International 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 17 :00:26 on 05/25/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes : (3163795107)