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Contract - Construction of School Zone Flashing Beacons DES 1891249 - INDOT
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Contract - Construction of School Zone Flashing Beacons DES 1891249 - INDOT
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10/12/2021 2:01:24 PM
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Board of Public Works
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Contracts
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10/12/2021
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Page 10 of 16 <br /> 6.9.4. The PARTIES agree to resolve such matters through submission of this dispute to the <br />Commissioner of INDOT. The Commissioner shall reduce a decision to writing and mail <br />or otherwise furnish a copy thereof to the LPA within ten (10) working days after <br />presentation of such dispute for action. The presentation may include a period of <br />negotiations, clarifications, and mediation sessions and will not terminate until the <br />Commiss ioner or one of the PARTIES concludes that the presentation period is over. The <br />Commissioner's decision shall be final and conclusive unless either party mails or otherwise <br />furnishes to the Commissioner, within ten (10) working days after receipt of the <br />Commissioner's decision, a written appeal. Within ten (10) working days of receipt by the <br />Commissioner of a written request for appeal, the decision may be reconsidered. If a party <br />is not satisfied with the Commissioner's ultimate decision, the dissatisfied party may submit <br />the dispute to an Indiana court of competent jurisdiction. <br /> <br /> 6.9.5. INDOT may withhold payments on disputed items pending resolution of the dispute. The <br />unintentional nonpayment by INDOT to the LPA of one or more invoices not in dispute in <br />accordance with the terms of this Contract will not be cause for LPA to terminate t his <br />Contract, and the LPA may bring suit to collect these amounts without following the <br />disputes procedure contained herein. <br /> <br />6.10. Drug-Free Workplace Certification . As required by Executive Order No. 90 -5 dated April 12, <br />1990, issued by the Governor of Indiana, the LPA hereby covenants and agrees to make a good faith <br />effort to provide and maintain a drug -free workplace. The LPA will give written notice to the State <br />within ten (10) days after receiving actual notice that the LPA, or an employee of the LP A in the <br />State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False <br />certification or violation of this certification may result in sanctions including, but not limited to, <br />suspension of contract payments, termination of this Contract and/or debarment of contracting <br />opportunities with the State for up to three (3) years. <br /> <br /> In addition to the provisions of the above paragraph, if the total amount set forth in this Contract is <br />in excess of $25,000.00, the LPA certifies and agrees that it will provide a drug -free workplace by: <br /> <br />A. Publishing and providing to all of its employees a statement notifying them that the unlawful <br />manufacture, distribution, dispensing, possession or use of a controlled substance is <br />prohibited in the LPA's workplace, and specifying the actions that will be t aken against <br />employees for violations of such prohibition; <br /> <br />B. Establishing a drug -free awareness program to inform its employees of (1) the dangers of <br />drug abuse in the workplace; (2) the LPA's policy of maintaining a drug -free workplace; (3) <br />any available drug counseling, rehabilitation and employee assistance programs; and (4) the <br />penalties that may be imposed upon an employee for drug abuse violations occurring in the <br />workplace; <br /> <br />C. Notifying all employees in the statement required by subparagraph (1) above that as a <br />condition of continued employment, the employee will (1) abide by the terms of the <br />statement; and (2) notify the LPA of any criminal drug statute conviction for a violation <br />occurring in the workplace no later than five (5) days after such convict ion; <br /> <br />D. Notifying the State in writing within ten (10) days after receiving notice from an employee <br />under subdivision (3)(2) above, or otherwise receiving actual notice of such conviction; <br /> <br />E. Within thirty (30) days after receiving notice under subdivision (3)(2) above of a conviction, <br />imposing the following sanctions or remedial measures on any employee who is convicted of <br />drug abuse violations occurring in the workplace: (1) taking appropriate personnel action <br />against the employee, up to and including termina tion; or (2) requiring such employee to <br />satisfactorily participate in a drug abuse assistance or rehabilitation program approved for <br />DocuSign Envelope ID: 483536D7-D78A-4B48-8A1C-C6C0ED1B8552 <br />In Process
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