HomeMy WebLinkAbout03) Agreement with Indot
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A G R E E MEN T
MODERNIZATION OF A TRAFFIC SIGNAL
ON I 65 RAMP AT loth STREET / SPRING STREET
JEFFERSONVILLE, CLARK COUNTY, INDIANA
THIS AGREEMENT made and entered into
200JL, by and between the STATE OF INDIANA
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this K day of
through the INDIANA DEPARTMENT
OF
TRANSPORTATION, hereinafter referred to as ~INDOT" and CITY OF JEFFERSONVILLE,
hereinafter referred to as the ~CITY", through their duly authorized and
undersigned officials,
WIT N E SSE T H:
WHEREAS, in the interest of public safety and convenience the CITY is
reconstructing and widening loth Street in the area of Spring Street and the
1-65 ramp touchdowns; and,
WHEREAS, components of the existing traffic signal at the intersection of
Spring Street, loth Street and the 1-65 ramps (the intersection) must be moved
to accommodate the widening; and,
WHEREAS, INDOT has determined that bther components of the existing
traffic signal installation should be modernized: and,
WHEREAS, INDOT deems the continued regulation of traffic by means traffic
signal devices to be beneficial to traffic at the intersection to the extent of
permitting improvements to be made on the State Highway and participating in
the same under conditions as specified below:
IT IS THEREFORE AGREED BY AND BETWEEN INDOT and the CITY that traffic
control devices shall be modernized under terms and conditions as follows:
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1.
TERM OF AGREEMENT
a. Effective date: This Agreement shall become effective on the date it
is approved by the Attorney General of Indiana or an authorized
representative.
b. Termination date is the earlier of:
1. If construction activities related to installation of the traffic
signal permitted by this Agreement have not begun at the
intersection within one year of the date of the approval required
in 1.a., this Agreement shall terminate.
2. If the traffic signal equipment installed by terms of this
Agreement is removed from the highway system, this Agreement shall
terminate on the date the traffic signal equipment is removed.
2 . DESIGN
The CITY shall retain an INDOT approved Consulting Engineer to prepare
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Plans and Specifications for the traffic signal equipment installation at
the intersection in accordance with the 1999 Standard Specifications and
any subsequent revisions. The design plans and specifications shall
include but not be limited to:
a. All signal materials and equipment specified shall be of the types,
models and makes currently used and maintained by INDOT on State
Routes. More specifically, the traffic signal controller shall be a
NEMA TS-2 Type-2 controller.
b. Durable material pavement markings shall be used for final markings at
the intersection. Any old pavement markings conflicting with new
traffic patterns shall be designated for removal and not covered over.
c. All components of the new traffic signal shall be new equipment,
except the steel strain pole and foundation in the southwest quadrant
of the intersection, select runs of two inch conduit and select
handholes (adjusted to new grade) may be reused.
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d. The existing traffic signal equipment shall remain fully functional
until the new signal is approved for activation.
e. Upon activation of the new equipment, the existing equipment shall be
fully removed.
f. Major existing traffic signal equipment (poles, heads, cabinets and
contents) removed from the intersection shall be returned to the
Seymour District Traffic Office in good useable condition.
The CITY shall deliver two copies of the proposed plans and
specifications for the traffic signal and associated work to the
Operations Support Division in Indianapolis and two copies to the Seymour
District Traffic Engineer (Traffic Engineer) for concurrence. The
Operations Support Division will notify the CITY when INDOT concurs with
the proposed plans and specifications as final plans and specifications
(final plan) which may be used for bidding and construction. Before
construction begins, the CITY shall deliver two paper copies of the final
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plan to the Seymour District Traffic Office, and the CITY shall deliver
one Mylar copy of the final plan to the INDOT Operations Support
Division. No changes to the final plan shall be made without written
consent from INDOT. Approval for changes to the final plan shall be
obtained from the Traffic Engineer. When approved, a change to the final
plan shall be considered as if it was a part of the original final plan.
The CITY shall provide two copies of an ~AS BUILT" plan to the Traffic
Engineer.
3. CONSTRUCTION
No construction work of the traffic signal installation permitted by this
Agreement may begin on the highway right-of way until this Agreement is
fully executed and approved by the Attorney General of Indiana, or an
authorized representative. No construction activity may begin on the
right-of-way until the paper and the Mylar copies of the final plan
required in section 2 are received by INDOT.
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a. The CITY, shall employ a Project Engineer, independent from the
contractor, to provide competent and adequate engineering, testing,
and inspection services to monitor the contractor's work for
compliance with the final plan.
b. The CITY shall coordinate the relocation of any utilities necessitated
by construction of the traffic signal.
c. The CITY shall, advertise for bids for the work described by the final
plan. The CITY shall award the contract in accordance with state law.
d. The CITY, within fifteen (15) calendar days after award of a contract,
shall have the signal contractor order all traffic control equipment
and necessary materials not in his stock. A list of the ordered
materials shall be delivered to the Traffic Engineer, for INDOT
records. A list of materials to be used from the contractor's stock
shall also be given to the Traffic Engineer.
e. At least one week prior to beginning construction activities, the CITY
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shall schedule a preconstruction meeting at the Seymour District
Office during regular business hours or at another time and place
mutually convenient to the Traffic Engineer and the CITY.
Representatives of the CITY shall attend the meeting. In addition,
representatives of the design consul~ant, the Project Engineer, the
contractor and any subcontractors, and any affected utilities shall
attend. As a minimum, the work plan, the traffic control plan, the
inspection plan, and a list of contact names and telephone numbers
shall be presented for discussion. The Traffic Engineer may require
additional topics for discussion.
f. The CITY shall notify the Traffic Engineer at least five (5) working
days prior to the contractor commencing work on the installation of
the traffic signal.
g. The CITY, in consideration of the benefits to traffic at the
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intersection, shall have a Signal Contractor, pre-qualified with
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INDOT, erect and install the traffic signal equipment according to the
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final plan and any subsequent approved revisions, as well as all rules
and regulations of INDOT and all State and Federal Laws pertaining to
the use of labor. All work shall be done in accordance with the 1999
INDOT Standard Specifications and subsequent revisions. Said work
shall be performed in a manner and quality meeting the satisfaction
and approval of INDOT with regard to proper highway engineering and
planning. A qualified IMSA Certified Traffic Signal Electrician,
Level II, shall be in responsible charge for any wiring installation
and shall make all wiring connections.
h. All pavement improvements and signage (i.e. overhead signs and
supports, new pavement, delineation, pavement markings, etc.)
associated with proper operation of the intersections shall be
maintained during the construction activities at the intersection.
The existing traffic signal operation shall be maintained until the
new equipment is operational and may be used to control traffic at the
intersection. Operation of the traffic signals may only be
interrupted for brief periods to facilitated changeout of major
components. Traffic control officers shall be employed to safely
direct traffic any time the traffic signals are not operating as a
result of construction activities.
i. The signal contractor shall complete all work on this installation
within twenty (20) working days after receipt of the equipment and
materials. All final installations shall be complete before
activation of the traffic signal.
j. Construction activities shall not restrict traffic flow during morning
or evening peak traffic flow periods (rush hours) .
k. The CITY, or its project engineer, shall notify the Traffic Engineer
at least three (3) working days prior to the intent to place the new
traffic signals in operation to request a preliminary inspection.
The preliminary inspection will be the basis to determine if the
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traffic signal is ready to be activated. The contractor shall not
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activate the traffic signal system on a Friday, Saturday, Sunday,
holiday, or the day before a holiday. An INDOT Traffic Section
representative shall be present at the time of signal activation.
1. The old traffic signal indications shall be removed from the
intersection immediately after the new traffic signal indications are
activated.
m. The CITY shall maintain all existing and new traffic signal equipment
from the time work is initiated on the traffic signals until the new
equipment is accepted by INDOT. Notice of need for maintenance may be
given directly to the contractor by INDOT. Responses to reports of
conditions requiring maintenance shall be made within two hours.
n. During construction, INDOT may inspect the installation. INDOT will
promptly notify the CITY in writing or the Project Engineer of any
deficiencies from the final plan. The CITY will have the contractor
correct such deficiencies. The inspection by INDOT does not relieve
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the CITY or the Project Engineer of the responsibility to inspect and
construct the signal and appurtenances in accordance with the final
plan as required herein. INDOT will conduct a final inspection before
accepting the signal installation.
4. ACCEPTANCE OF TRAFFIC SIGNAL INSTALLATION
After satisfactory completion of the work as determined by a final
inspection, .INDOT will accept the installation of the traffic control
devices. The traffic signal devices and accessories thereto shall become
the property of and shall be controlled and maintained by INDOT under the
laws of the State of Indiana and the rules and regulations of INDOT now
in force or hereinafter enacted except costs for electrical energy shall
be paid as provided in Section 8. If a traffic engineering study
conducted at a future time determines that the then current traffic
signal warrants are no longer fulfilied at the intersection, the traffic
signal devices may be removed and the equipment retained by INDOT.
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5. RIGHTS OF ENTRY
a. INDOT grants the CITY, its contractor and subcontractors permission to
enter upon the State right-of-way for the purpose of installing
traffic signals and related construction.
b. CITY grants INDOT, its contractors and subcontractors permission to
enter upon CITY right-of-way for the purpose of control, installation,
repair, adjustment, maintenance, replacement, modernization,
alteration, or removal of traffic signals and related items.
6. CITY RESPONSIBILITIES
The CITY responsibilities shall include but are not limited to:
a. Wherever in this contract any obligation or responsibility is assumed
by the CITY, same shall be deemed an obligation of said CITY.
b. The CITY shall hold harmless and indemnify INDOT from, for, and
against any claim of any person in tort, contract, or otherwise
arising out of the negligent acts or omissions of the CITY, its
agents, representatives, servants, contractors, and the latter's sub-
contractors whenever such acts or omissions, relate to, are involved
in, are connected with, or are included in the obligations or any
rights, or the performance or exercise thereof, of the CITY under this
contract for signal installation. INDOT shall not provide such
indemnification to the CITY.
c. Pursuant to I.C. 22-9-1-10 and the Civil Rights Act of 1964, the CITY,
its agents, contractors and subcontractors, shall not discriminate
against any employee or applicant for employment in the performance of
this Agreement with respect to hire, tenure, terms, conditions or
privileges of employment or any matter directly or indirectly related
to employment, because of race, color, religion, sex, disability,
national origin, or ancestry. Breach of this covenant may be regarded
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as a material breach of the Agreement. Acceptance of this Agreement
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also signifies compliance Jith applicable Federal Laws, regulations,
and Executive Orders prohibiting discrimination in the provision of
services based on race, color, national origin, age, sex, disability
or status as a veteran. The Contractor understands that the State is a
recipient of federal funds. Pursuant to that understanding, the
Contractor and its subcontractor, if any, agree that if the contractor
employs fifty (50) or more employees and does at least $50,000.00
worth of business with the State and is not exempt, the Contractor
will comply with the affirmative action reporting requirements of 41
CFR 60-1.7. The Contractor shall comply with Section 202 of Executive
Order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended,
which are incorporated herein by specific reference. Breach of this
covenant may be regarded as a material breach of contract.
d. Maintaining a Drug-Free Workplace, Exec. Order #90-5.
The attached
Drug Free Certification Clause shall be incorporated as a part of this
Agreement. For purposes of this Agreement, the term workplace shall
be defined as the highway areas where construction activities
permitted by this Agreement are performed.
e. Payment of costs associated with the traffic signal installation, and
operation as provided elsewhere herein.
f. The CITY shall maintain pavement quality on its approaches to the
intersection such that detection devices installed in the pavement may
be maintained in good operational order by INDOT. Failure to maintain
the pavement quality may be basis for restricting traffic movements at
the intersection by INDOT.
7 . NOTICE
a. Wherever in or under this contract notice must or may be given by
INDOT to the CITY, such notice shall be deemed given when addressed to
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the CITY at 501 E. Court Ave., Jeffersonville, IN 47130, and deposited
postage paid in the u.s. Mail system of collection.
b. Wherever in or under this contract notice must or may be given by
INDOT to the Project Engineer, such notice shall be deemed given when
transmitted verbally or in writing including electronic communications
to the Project Engineer by INDOT.
c. Wherever in or under this contract notice must or may be given by
INDOT to the Contractor, such notice shall be deemed given when
transmitted verbally or in writing including electronic communications
to the Contractor by INDOT.
d. Wherever in or under this contract notice must or may be given by the
CITY to INDOT, such notice shall be deemed given when received by the
Traffic Engineer at the Seymour District Office, 185 Agrico Lane,
Seymour, IN 47274.
8. PAYMENTS
The parties will pay costs of installing and operating the traffic
signal:
a. To providers other than INDOT, the CITY shall pay for:
1. All costs for designing the roadway improvements.
2. All costs for designing the traffic signal modification work.
3. Bidding, and contracting of the work described by the final plan.
4. Reimbursable utility expenses due to work at the intersection.
5. Traffic signal hardware items as described in the final plan.
6. Equipment, and labor required to install the traffic signal
hardware items in accordance with the final plan.
5. All costs for roadway and associated construction on lOth Street
and the approaches to the intersection.
6. Costs for employing a project engineer and for testing and
inspection work done by the project engineer.
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7. Electrical energy to operate the traffic signal equipment at the
intersection from the initial testing and turn on until the traffic
signal devices are removed. The CITY shall make arrangements with
the utility company to bill the CITY directly for the energy
provided. The CITY shall provide the Traffic Engineer with written
documentation of said billing authorization before the signal is
activated.
8. In the course of the construction contract, the CITY shall make
payments to the contractor for all signal materials, equipment and
labor required to install the traffic signal in accordance with the
final plan.
9. All costs for future modernization of the traffic signal resulting
from projects initiated by the CITY.
b. In its normal course of business, INDOT will provide payment for:
1. All costs for maintenance of the traffic signal installation after
inspection and acceptance of the traffic signal by INDOT.
2. All costs for future modernization of the traffic signal resulting
from projects initiated by INDOT.
c. In addition to the payments in B.b. of this Agreement, INDOT will pay
to the CITY one half (1/2) the costs for materials and construction of
the traffic signal not to exceed $39,000.
1. Upon receipt of an acceptable bid and beginning of construction, as
'work progresses, the CITY may bill INDOT for one half (1/2) the
cost of the signal materials installed and construction work
completed at the intersection. The cost billed shall be calculated
using the contract bid prices and the measured quantities of work
completed toward installation of the improved traffic signal
according to the final plan. Billings shall be not be made at
intervals of less than two (2) weeks.
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2. Upon completion of the construction project, the CITY shall
calculate the final cost of the signal materials and construction
at the intersection.
A. If one half (1/2) of the calculated amount is less than the
amount previously paid by INDOT to the CITY, the CITY shall
refund to INDOT the amount of the excess .payment within 45 days
of the completion of the contract and the determination of the
final costs.
B. If one half (1/2) the calculated amount exceeds the amount
previously paid by INDOT, the CITY may bill INDOT for the
amount in excess of the amount previously paid by INDOT to the
CITY. The maximum total payment by INDOT shall be $39,000.
However, if there is an approved change to the final plan, the
maximum payment may be increased by the amount of the estimated
cost of the approved change.
The bills shall be submitted to the Traffic Engineer for verification
and processing. INDOT will use reasonable efforts to pay CITY the
amount billed within forty-five (45) days of receipt of the bill.
9. GENERAL PROVISIONS
a. In the event that any party is unable to perform any of its
obligations under this Agreement or to enjoy any of its benefits
because of natural disaster, actions or decrees of governmental bodies
or communication line failure not the fault of the affected party
(hereinafter referred to as a "Force Majeure Event"), the party who
has been so affected shall immediately give notice to the other
parties and shall do everything possible to resume performance. Upon
receipt of such notice, all obligations under this Agreement shall be
immediately suspended. If the period of nonperformance exceeds thirty
(30) days from the receipt of notice of the Force Majeure Event, the
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party whose ability to perform has not been so affected may be given
written notice to terminate this Agreement.
b. This Agreement shall be binding upon and inure to the benefits of the
parties, their legal representatives, successors and assigns.
c. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under
applicable law, but if any provision of this Agreement shall be
prohibited by or invalid under applicable law, such provision shall be
ineffective only to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining
provisions of this Agreement.
d. The CITY certifies, by entering into this agreement, that neither it
nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from entering
into this agreement by any federal agency or department, agency or
political subdivision of the State of Indiana. The term "principal"
for purposes of this agreement is defined as an officer, director,
owner, partner, key employee, or other person with primary management
or supervisory responsibilities, or a person who has a critical
influence on or substantive control over the operations of the CITY.
e. Any person executing this Agreement in a representative capacity
hereby warrants that he/she has been duly authorized by his/her
principal to execute this Agreement on such principal's behalf.
f. The undersigned attests, subject to the penalties for perjury, that
he/she is the contracting party, or that he/she is the representative,
agent, member or officer of the contracting party, that he/she has
not, nor has any other member, employee, representative, agent or
officer of the firm, company, corporation or partnership represented
by him/her, directly or indirectly, to the best of his/her knowledge,
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entered into or offered to enter into any combination, collusion or
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agreement to receive or pay, and that he/she has not received or paid,
any sum of money or other consideration for the execution of this
agreement other than that which appears upon the face of the
agreement.
g. This Agreement shall be construed in accordance with, and governed by,
the laws of the State of Indiana and suit, if any, must be brought in
the State of Indiana.
h. This Agreement may be amended from time to time hereafter only in
writing executed by the parties hereto and submitted to the Indiana
Attorney General for approval as to form and legality. No verbal
change, modification, or amendment shall be effective unless in
writing and signed by the parties and approved by the Attorney General
or his authorized representative. Except, elements of the traffic
signal design may be added or deleted in the normal course of plan
review without submittal to the Attorney General for approval. The
provisions hereof constitute the entire agreement between the parties
and supersede any verbal statement, representations, or warranties,
stated, or implied.
i. The parties agree that they will, at any time and from time to time,
from and after the execution of this Agreement, upon request, perform
or cause to be performed such acts, and execute, acknowledge and
deliver or caUse to be executed, acknowledged and delivered, such
documents as may be reasonably required for the performance by the
parties of any of their obligations under this Agreement.
j. When the Director of the State Budget Agency makes a written
determination that funds are not appropriated or otherwise available
to support continuation of this Agreement, the Agreement shall be
canceled. A determination by the Budget Director that funds are not
appropriated or otherwise available to support continuation of
performance shall be final and conclusive.
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k. Headings in this Agreement are for convenience only and shall not be
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used to interpret or construe its provisions.
1. No delay or failure by either party to exercise any right hereunder,
and no partial or single exercise of any such right, shall constitute
a waiver of that or any other right, unless otherwise expressly
provided herein.
m. This Agreement shall be deemed to have been substantially performed
only when fully performed according to its terms and conditions and
any modification thereof.
n. This Agreement shall not be effective unless and until approved by the
Attorney General of Indiana, or an authorized representative, as to
form and legality.
This Agreement supersedes and revokes any previous Agreement between said
parties hereto pertaining to traffic signal installation at this location.
Such above terms and conditions as they apply to INDOT shall remain in effect
only so long as the location mentioned herein is a part of the State Highway
System.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the State of Indiana, through said INDOT, and the CITY,
through their undersigned officials, have hereunto affixed their signatures.
LE
STATE OF INDIANA
INDIANA DEPARTMENT OF TRANSPORTATION
Mayor
of Highway
Date: ~~. J).. to b '-/
Date:
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Robert L. Miller
City Engineer
Approved as to Form and
Date:
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DRUG FREE CERTIFICATION CLAUSE
The Contractor hereby covenants and agrees to make a good faith effort to provide and maintain a drug free workplace. Contractor
will give written notice to the State within ten (10) days after receiving actual notice that an employee has been convicted ofa
criminal drug violation occurring in subcontractor's workplace.
False certification or violation of the certification may result in sanctions including, but not limited to suspension of
contract payments, termination of the contract or agreement and! or debarment of contracting opportunities with the
Contractor for up to three (3) years.
In addition to the provisions of the above paragraphs, if the total Contract amount set forth in this Agreement is in
excess of $25,000.00, Contractor hereby further agrees that this agreement is expressly subject to the terms, conditions
and representation of the following certification.
This certification is required by Executive Order 90-5, April 12, 1990, issued by the Governor of Indiaria. Pursuant to
its delegated authority, the Indiana Department of Administration is requiring the inclusion of this certification in all
contracts with and grants from the State ofIndiana in excess of $25,000.00. No award ofa contract shall be made, and
no contract, purchase order or agreement, the total amount of which exceeds $25,000.00 shall be valid unless and until
this certification has been fully executed by the Contractor and made apart of the contract or agreement as part of the
contract documents.
The Contractor certifies and agrees that it will provide a drug-free workplace by:
A. Publishing and providing to all of its employees a statement notifying their employees that the unlawful
manufacture, distribution, dispensing, possession or use of controlled substance is prohibited in the
Contractor's workplace and specifying the actions that will be taken against employees for violations such
prohibition; and
B. Establishing a drug-free awareness program to inform their employees of (1) the dangers of drug abuse in the
workplace; (2) the Contractor's policy of maintaining a drug-free workplace; (3) any available drug
counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon
an employee for drug abuse violations occurring in workplace.
C. Notifying all employees in the statement reqttired by subparagraph (a) above that as a condition of continued
employment the employee will (1) abide by the terms of the statement; and (2) notify the Contractor of any
criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after
such conviction;
D. Notifying in writing the State within ten (10) days after receiving notice from an employee under subdivision
(c) (2) above, or otherwise receiving actual notice of such conviction;
E. Within thirty (30) days after receiving notice under subdivision (c) (2) above of a conviction, imposing, the
following sanctions or remedial measures on any employee who is convicted of drug abuse violations
occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including
termination; (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate
agency; and
F.
M,aking a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs
(a) through (e) above.
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