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the contractor is unable to work at least 50 % of the day on a pre-determined critical path item due to the weather; or ( ii ) the contractor must make major repairs to work damaged by weather provided that the damage is not due to the contractor' s failure to perform and that the contractor is unable to work at least 50 % of the day on pre-determined critical path items . 24 . LIQUIDATED DAMAGES Applicable liquidated damages will be assessed in the following amount: $ 388 . 00 Per day 25 . CONTRACT CLAIMS BY CONTRACTOR Should the contractor intend to file a claim for additional monetary compensation , time or other adjustments to the contract and the Indian River County disputes the contractor' s entitlement to the claim or the impact of the claim , Contractor must provide written notification to Indian River County of contractor's intent to file a claim . This notice must be given before the contractor begins any work on which the claim is based . Failure of the contractor to notify Indian River County before beginning work on any disputed items waives the contractor' s right to claim . The contractor' s notice of intent to file a claim should contain : ( 1 ) A statement as to what changed , including a description of the nature and extent of the change . (2 ) An indication of who directed or what caused the change . ( 3 ) A description of how the change has or will impact the contractor, including reference to any impacted critical activities on the contractor' s latest accepted schedule update . (4 ) A statement of damages , or an estimate of damages if available , detailing the amount of compensation , time and/or other adjustment to the contract that is being requested . 26 . DRUG -FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287 . 087 , the bidder shall certify that it has and will maintain a drug -free workplace . The bidder shall complete and submit with its bid proposal the attached certification . Failure to include an executed certification may cause the bid proposal to be considered non-responsive . 27 . SUSPENSION AND DEBARMENT The bidder shall complete and submit with its bid proposal the certification regarding debarment form included in this package , or an explanation as provided herein . The inability to provide the certification will not necessarily result in denial of participation in the project. The bidder shall submit an explanation of why it cannot provide the requested certification , which will be considered in evaluation of the bidder' s bid package . However, failure by a bidder to furnish a certification or an explanation shall disqualify such bidder from this project. The bidder agrees by submitting its bid that should it be awarded the contract , it will not knowingly enter into any sub-contracts for this project with a person who is debarred , suspended , declared ineligible or excluded from participation in this transaction . The bidder further agrees that it will require the same certification in all solicitations for and from all sub-contractors on the project. The certification is a material representation of fact upon which Indian River County will rely . If it is later determined that the bidder rendered an erroneous certification , or knowingly entered into a sub-contract with a subcontractor who is debarred , suspended or ineligible , Indian River County may terminate the contract for cause of default. 28 . EQUIPMENT 25 1211 /2009 3:45:46 PM