Common use of DRUG AND ALCOHOL TESTING PROGRAM Clause in Contracts

DRUG AND ALCOHOL TESTING PROGRAM. (a) The Authority and its contractors and subcontractors are required to comply with the requirements of 49 C.F.R. Part 219 with no exceptions. The Contractor has established and implemented, or agrees to establish and implement, and cause its applicable subcontractors to establish and implement, a drug and alcohol testing program for regulated employees (including volunteers, employees and probationary employees) whose duties include inspection, con- struction, maintenance or repair of roadway track; bridges, roadway, signal and communications systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near track or with the potential of fouling a tack and flagmen and watchmen/lookouts (“Part 219 employees”) that complies with 49 C.F.R. Part 219, produce any documentation necessary to establish its compliance with Part 219, and permit any authorized representative of the United States Department of Transportation or the Federal Railroad Administration (“FRA”) and the Authority to inspect the facilities and records associated with the implementation and operation of the drug and alcohol testing program as required under 49 C.F.R. Part 219, including the review of the testing process. (b) Prior to the performance of any work under the Contract by any Part 219 employees on or after June 12, 2017, the Contractor shall furnish the Authority, and cause each subcontractor that provides Part 219 employees to perform work under the Contract to furnish the Authority, with copies of all supporting compliance documentation including but not limited to the following: (1) A copy of the Contractor’s 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (2) A copy of the Federal Railroad Administration’s acceptance letter for 49 C.F.R. Part 219 Railroad Con- tractor Compliance Plan. (3) A certified list of the Contractor’s Part 219 grandfathered employees (June 12, 2017). (4) A certified list of employees who are currently regulated by 49 C.F.R. Part 219 Railroad Contractor Com- pliance Plan Part 219. (5) Copies of the employees DOT 40-25 previous employer drug and alcohol record covered by 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (6) Updated list of the Contractor’s employees when an employee status has changed or employee becomes ineligible, along with an updated certification required in subparagraph (4). (7) Rule G Observations when requested by the Authority. (8) Management Information System Report (MIS) each six (6) months. Access to the work site will be prohibited to employees not named in the certified list required by subparagraphs (4) and (6). (c) Upon notice to the Contractor, Capital Metro may require the Contractor and any Subcontractor providing Part 219 employees to use a third-party compliance provider to track the Contractor’s Part 219 compliance. If the Con- tractor or any of its Subcontractors fails to utilize such required compliance provider or an approved equivalent as required, then the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract. The Authority reserves the right to change the required third-party compliance provider upon notice to the Contractor. In the event that Capital Metro requires the Contractor to use a third-party compliance service, any costs of the required service will be reimbursed by Capital Metro provided the Contractor follows the following reimbursement procedure: the Contractor shall provide the estimated costs of the compliance service within fourteen (14) calendar days following Capital Metro’s notice to the Contractor of the adoption of a third-party compli- ance provider requirement and the Contractor shall not incur any costs until a subsequent Contract Modification is fully executed. (d) The Contractor shall provide the Authority with a list of the names of any Subcontractors performing Part 219 Services, along with a certified list of the employees assigned by the Subcontractor to perform work under the Con- tract, at least ten (10) calendar days prior to the time a Subcontractor or its Part 219 employees enters the work site. The Contractor and each Subcontractor shall be solely responsible for their compliance with 49 C.F.R. Part 219. (e) The Contractor shall include the substance of subparagraphs (a)-(e) of this subparagraph, in each applicable Subcontract under this Contract. (f) If the Authority discovers that the Contractor or any of its Subcontractors are not in compliance with the re- quirements of 49 C.F.R. Part 219, the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract.

DRUG AND ALCOHOL TESTING PROGRAM. (a) The Authority and its contractors Contractors and subcontractors Subcontractors are required to comply with the requirements of 49 C.F.R. C.F.R Part 219 with no exceptions. The Contractor has established and implemented, or agrees to establish and implement, and cause its applicable subcontractors Subcontractors to establish and implement, a drug and alcohol testing program for regulated employees (including volunteers, employees and probationary employees) whose duties include inspection, con- struction, maintenance or repair of roadway track; bridges, roadway, signal and communications systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near track or with the potential of fouling a tack and flagmen and watchmen/lookouts (“Part 219 employees”) that complies with 49 C.F.R. Part 219, produce any documentation necessary to establish its compliance with Part 219, and permit any authorized representative of the United States Department of Transportation or the Federal Railroad Administration (“FRA”) and the Authority to inspect the facilities and records associated with the implementation and operation of the drug and alcohol testing program as required under 49 C.F.R. Part 219, including the review of the testing process. (b) Prior to the performance of any work under the Contract by any Part 219 employees on or after June 12, 2017, the Contractor shall furnish the Authority, and cause each subcontractor Subcontractor that provides Part 219 employees to perform work under the Contract to furnish the Authority, with copies of all supporting compliance documentation including but not limited to the following: (1) A copy of the Contractor’s 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (2) A copy of the Federal Railroad Administration’s acceptance letter for 49 C.F.R. Part 219 Railroad Con- tractor Compliance Plan. (3) A certified list of the Contractor’s Part 219 grandfathered employees (June 12, 2017). (4) A certified list of employees who are currently regulated by 49 C.F.R. Part 219 Railroad Contractor Com- pliance Plan Part 219. (5) Copies of the employees DOT 40-25 previous employer drug and alcohol record covered by 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (6) Updated list of the Contractor’s employees when an employee status has changed or employee becomes ineligible, along with an updated certification required in subparagraph (4). (7) Rule G Observations when requested by the Authority. (8) Management Information System Report (MIS) each six (6) months. Access to the work site will be prohibited to employees not named in the certified list required by subparagraphs (4) and (6). (c) Upon notice to the Contractor, Capital Metro may require the Contractor and any Subcontractor providing Part 219 employees to use a third-party compliance provider to track the Contractor’s Part 219 compliance. If the Con- tractor or any of its Subcontractors fails to utilize such required compliance provider or an approved equivalent as required, then the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract. The Authority reserves the right to change the required third-party compliance provider upon notice to the Contractor. In the event that Capital Metro requires the Contractor to use a third-party compliance service, any costs of the required service will be reimbursed by Capital Metro provided the Contractor follows the following reimbursement procedure: the Contractor shall provide the estimated costs of the compliance service within fourteen (14) calendar days following Capital Metro’s notice to the Contractor of the adoption of a third-party compli- ance provider requirement and the Contractor shall not incur any costs until a subsequent Contract Modification modification is fully executed. (d) The Contractor shall provide the Authority with a list of the names of any Subcontractors performing Part 219 Services, along with a certified list of the employees assigned by the Subcontractor to perform work under the Con- tract, at least ten (10) calendar days prior to the time a Subcontractor or its Part 219 employees enters the work site. The Contractor and each Subcontractor shall be solely responsible for their compliance with 49 C.F.R. Part 219. (e) The Contractor shall include the substance of subparagraphs subparagraph (a)-(e) of this subparagraphparagraph, in each applicable Subcontract Sub- contract under this Contract. (f) If the Authority discovers that the Contractor or any of its Subcontractors subcontractors are not in compliance with the re- quirements require- ments of 49 C.F.R. Part 219, the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract.

DRUG AND ALCOHOL TESTING PROGRAM. (a) The Authority and its contractors and subcontractors are required to comply with the requirements of 49 C.F.R. Part C.F.R 219 with no exceptions. The Contractor has established and implemented, or agrees to establish and implement, and cause its applicable subcontractors to establish and implement, a drug and alcohol testing program for regulated employees (including volunteers, employees and probationary employees) whose duties include inspection, con- structionconstruction, maintenance or repair of roadway track; bridges, roadway, signal and communications systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near track or with the potential of fouling a tack and flagmen and watchmen/lookouts (“Part part 219 employees”) that complies with 49 C.F.R. Part part 219, produce any documentation necessary to establish its compliance with Part part 219, and permit any authorized representative of the United States Department of Transportation or the Federal Railroad Administration (“FRA”) and the Authority to inspect the facilities and records associated with the implementation and operation of the drug and alcohol testing program as required under 49 C.F.R. Part part 219, including the review of the testing process. (b) Prior to the performance of any work under the Contract contract by any Part part 219 employees on or after June 12, 2017, the Contractor shall furnish the Authority, and cause each subcontractor that provides Part part 219 employees to perform work under the Contract to furnish the Authority, with copies of all supporting compliance documentation including but not limited to the following: (1) A copy of the Contractor’s 49 C.F.R. Part part 219 Railroad Contractor Compliance Plan. (2) A copy of the Federal Railroad Administration’s acceptance letter for 49 C.F.R. Part part 219 Railroad Con- tractor Contractor Compliance Plan. (3) A certified list of the Contractorcontractor’s Part part 219 grandfathered employees (June 12, 2017). (4) A certified list of employees who are currently regulated by 49 C.F.R. Part part 219 Railroad Contractor Com- pliance Compliance Plan Part part 219. (5) Copies of the employees DOT 40-25 previous employer drug and alcohol record covered by 49 C.F.R. Part part 219 Railroad Contractor Compliance Plan. (6) Updated list of the Contractorcontractor’s employees when an employee status has changed or employee becomes ineligible, along with an updated certification required in subparagraph subsection (4iv). (7) Rule G Observations when requested by the Authority. (8) Management Information System Report (MIS) each six (6) months. Access to the work site will be prohibited to employees not named in the certified list required by subparagraphs subsections (4) and (6). (c) Upon notice to the Contractor, Capital Metro may require the Contractor and any Subcontractor subcontractor providing Part part 219 employees to use a third-party compliance provider to track the Contractor’s Part part 219 compliance. If the Con- tractor Contractor or any of its Subcontractors subcontractors fails to utilize such required compliance provider or an approved equivalent as required, then the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract. The Authority reserves the right to change the required third-party compliance provider upon notice to the Contractor. In the event that Capital Metro requires the Contractor to use a third-party compliance service, any costs of the required service will be reimbursed by Capital Metro provided the Contractor follows the following reimbursement procedure: the Contractor shall provide the estimated costs of the compliance service within fourteen (14) calendar days following Capital Metro’s notice to the Contractor of the adoption of a third-party compli- ance compliance provider requirement and the Contractor shall not incur any costs until a subsequent Contract Modification contract modification is fully executed. (d) The Contractor shall provide the Authority with a list of the names of any Subcontractors subcontractors performing Part part 219 Servicesservices, along with a certified list of the employees assigned by the Subcontractor subcontractor to perform work under the Con- tractcontract, at least ten (10) calendar days prior to the time a Subcontractor subcontractor or its Part part 219 employees enters the work site. The Contractor and each Subcontractor subcontractor shall be solely responsible for their compliance with 49 C.F.R. Part part 219. (e) The Contractor shall include the substance of subparagraphs subparagraph (a)-(e) of this subparagraphclause, in each applicable Subcontract subcontract under this Contractcontract. (f) If the Authority discovers that the Contractor or any of its Subcontractors subcontractors are not in compliance with the re- quirements requirements of 49 C.F.R. Part part 219, the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract.

DRUG AND ALCOHOL TESTING PROGRAM. (a) The Authority and its contractors and subcontractors are required to comply with the requirements of 49 C.F.R. C.F.R Part 219 with no exceptions. The Contractor has established and implemented, or agrees to establish and implement, and cause its applicable subcontractors to establish and implement, a drug and alcohol testing program for regulated employees (including volunteers, employees and probationary employees) whose duties include inspection, con- struction, maintenance or repair of roadway track; bridges, roadway, signal and communications systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near track or with the potential of fouling a tack and flagmen and watchmen/lookouts (“Part 219 employees”) that complies with 49 C.F.R. Part 219, produce any documentation necessary to establish its compliance with Part 219, and permit any authorized representative of the United States Department of Transportation or the Federal Railroad Administration (“FRA”) and the Authority to inspect the facilities and records associated with the implementation and operation of the drug and alcohol testing program as required under 49 C.F.R. Part 219, including the review of the testing process. (b) Prior to the performance of any work under the Contract by any Part 219 employees on or after June 12, 2017, the Contractor shall furnish the Authority, and cause each subcontractor Subcontractor that provides Part 219 employees to perform work under the Contract to furnish the Authority, with copies of all supporting compliance documentation including but not limited to the following: (1) A copy of the Contractor’s 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (2) A copy of the Federal Railroad Administration’s acceptance letter for 49 C.F.R. Part 219 Railroad Con- tractor Compliance Plan. (3) A certified list of the Contractor’s Part 219 grandfathered employees (June 12, 2017). (4) A certified list of employees who are currently regulated by 49 C.F.R. Part 219 Railroad Contractor Com- pliance Plan Part 219. (5) Copies of the employees DOT 40-25 previous employer drug and alcohol record covered by 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (6) Updated list of the Contractor’s employees when an employee status has changed or employee becomes ineligible, along with an updated certification required in subparagraph (4). (7) Rule G Observations when requested by the Authority. (8) Management Information System Report (MIS) each six (6) months. Access to the work site will be prohibited to employees not named in the certified list required by subparagraphs (4) and (6). (c) Upon notice to the Contractor, Capital Metro may require the Contractor and any Subcontractor providing Part 219 employees to use a third-party compliance provider to track the Contractor’s Part 219 compliance. If the Con- tractor or any of its Subcontractors fails to utilize such required compliance provider or an approved equivalent as required, then the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract. The Authority reserves the right to change the required third-party compliance provider upon notice to the Contractor. In the event that Capital Metro requires the Contractor to use a third-party compliance service, any costs of the required service will be reimbursed by Capital Metro provided the Contractor follows the following reimbursement procedure: the Contractor shall provide the estimated costs of the compliance service within fourteen (14) calendar days following Capital Metro’s notice to the Contractor of the adoption of a third-party compli- ance provider requirement and the Contractor shall not incur any costs until a subsequent Contract Modification is fully executed. (d) The Contractor shall provide the Authority with a list of the names of any Subcontractors subcontractors performing Part 219 Servicesservices, along with a certified list of the employees assigned by the Subcontractor to perform work under the Con- tract, at least ten (10) calendar days prior to the time a Subcontractor or its Part 219 employees enters the work site. The Contractor and each Subcontractor shall be solely responsible for their compliance with 49 C.F.R. Part 219. (e) The Contractor shall include the substance of subparagraphs subparagraph (a)-(e) of this subparagraphparagraph, in each applicable Subcontract Sub- contract under this Contract. (f) If the Authority discovers that the Contractor or any of its Subcontractors are not in compliance with the re- quirements of 49 C.F.R. Part 219, the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract.

DRUG AND ALCOHOL TESTING PROGRAM. (a) The Authority GRTC and its contractors Contractors and subcontractors Subcontractors are required to comply with the requirements of 49 C.F.R. C.F.R Part 219 with no exceptions. The Contractor has established and implemented, or agrees to establish and implement, and cause its applicable subcontractors Subcontractors to establish and implement, a drug and alcohol testing program for regulated employees (including volunteers, employees and probationary employees) whose duties include inspection, con- structionconstruction, maintenance or repair of roadway track; bridges, roadway, signal and communications systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near track or with the potential of fouling a tack and flagmen and watchmen/lookouts (“Part 219 employees”) that complies with 49 C.F.R. Part 219, produce any documentation necessary to establish its compliance with Part 219, and permit any authorized representative of the United States Department of Transportation or the Federal Railroad Administration (“FRA”) and the Authority GRTC to inspect the facilities and records associated with the implementation and operation of the drug and alcohol testing program as required under 49 C.F.R. Part 219, including the review of the testing process. (b) . Prior to the performance of any work under the Contract by any Part 219 employees on or after June 12, 2017, the Contractor shall furnish the AuthorityGRTC, and cause each subcontractor Subcontractor that provides Part 219 employees to perform work under the Contract to furnish the AuthorityGRTC, with copies of all supporting compliance documentation including but not limited to the following: (1) : A copy of the Contractor’s 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (2) . A copy of the Federal Railroad Administration’s acceptance letter for 49 C.F.R. Part 219 Railroad Con- tractor Contractor Compliance Plan. (3) . A certified list of the Contractor’s Part 219 grandfathered employees (June 12, 2017). (4) . A certified list of employees who are currently regulated by 49 C.F.R. Part 219 Railroad Contractor Com- pliance Compliance Plan Part 219. (5) . Copies of the employees DOT 40-25 previous employer drug and alcohol record covered by 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (6) . Updated list of the Contractor’s employees when an employee status has changed or employee becomes ineligible, along with an updated certification required in subparagraph (4). (7) . Rule G Observations when requested by the Authority. (8) GRTC. Management Information System Report (MIS) each six (6) months. Access to the work site will be prohibited to employees not named in the certified list required by subparagraphs (4) and (6). (c) . Upon notice to the Contractor, Capital Metro GRTC may require the Contractor and any Subcontractor providing Part 219 employees to use a third-party compliance provider to track the Contractor’s Part 219 compliance. If the Con- tractor Contractor or any of its Subcontractors fails to utilize such required compliance provider or an approved equivalent as required, then the Authority GRTC may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract. The Authority GRTC reserves the right to change the required third-party compliance provider upon notice to the Contractor. In the event that Capital Metro GRTC requires the Contractor to use a third-party compliance service, any costs of the required service will be reimbursed by Capital Metro GRTC provided the Contractor follows the following reimbursement procedure: the Contractor shall provide the estimated costs of the compliance service within fourteen (14) calendar days following Capital MetroGRTC’s notice to the Contractor of the adoption of a third-party compli- ance compliance provider requirement and the Contractor shall not incur any costs until a subsequent Contract Modification modification is fully executed. (d) The Contractor shall provide the Authority with a list of the names of any Subcontractors performing Part 219 Services, along with a certified list of the employees assigned by the Subcontractor to perform work under the Con- tract, at least ten (10) calendar days prior to the time a Subcontractor or its Part 219 employees enters the work site. The Contractor and each Subcontractor shall be solely responsible for their compliance with 49 C.F.R. Part 219. (e) The Contractor shall include the substance of subparagraphs (a)-(e) of this subparagraph, in each applicable Subcontract under this Contract. (f) If the Authority discovers that the Contractor or any of its Subcontractors are not in compliance with the re- quirements of 49 C.F.R. Part 219, the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract.

DRUG AND ALCOHOL TESTING PROGRAM. (a) The Authority and its contractors Contractors and subcontractors Subcontractors are required to comply with the requirements of 49 C.F.R. C.F.R Part 219 with no exceptions. The Contractor has established and implemented, or agrees to establish and implement, and cause its applicable subcontractors Subcontractors to establish and implement, a drug and alcohol testing program for regulated employees (including volunteers, employees and probationary employees) whose duties include inspection, con- structionconstruc- tion, maintenance or repair of roadway track; bridges, roadway, signal and communications systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near track or with the potential of fouling a tack and flagmen and watchmen/lookouts (“Part 219 employees”) that complies with 49 C.F.R. Part 219, produce any documentation necessary to establish its compliance with Part 219, and permit any authorized representative of the United States Department of Transportation or the Federal Railroad Administration (“FRA”) and the Authority to inspect in- spect the facilities and records associated with the implementation and operation of the drug and alcohol testing program as required under 49 C.F.R. Part 219, including the review of the testing process. (b) Prior to the performance of any work under the Contract by any Part 219 employees on or after June 12, 2017, the Contractor shall furnish the Authority, and cause each subcontractor Subcontractor that provides Part 219 employees to perform work under the Contract to furnish the Authority, with copies of all supporting compliance documentation including but not limited to the following: (1) A copy of the Contractor’s 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (2) A copy of the Federal Railroad Administration’s acceptance letter for 49 C.F.R. Part 219 Railroad Con- tractor Compliance Plan. (3) A certified list of the Contractor’s Part 219 grandfathered employees (June 12, 2017). (4) A certified list of employees who are currently regulated by 49 C.F.R. Part 219 Railroad Contractor Com- pliance Plan Part 219. (5) Copies of the employees DOT 40-25 previous employer drug and alcohol record covered by 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (6) Updated list of the Contractor’s employees when an employee status has changed or employee becomes ineligible, along with an updated certification required in subparagraph (4). (7) Rule G Observations when requested by the Authority. (8) Management Information System Report (MIS) each six (6) months. Access to the work site will be prohibited to employees not named in the certified list required by subparagraphs (4) and (6). (c) Upon notice to the Contractor, Capital Metro may require the Contractor and any Subcontractor providing Part 219 employees to use a third-party compliance provider to track the Contractor’s Part 219 compliance. If the Con- tractor or any of its Subcontractors fails to utilize such required compliance provider or an approved equivalent as required, then the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract. The Authority reserves the right to change the required third-party compliance provider upon notice to the Contractor. In the event that Capital Metro requires the Contractor to use a third-party compliance service, any costs of the required service will be reimbursed by Capital Metro provided the Contractor follows the following reimbursement procedure: the Contractor shall provide the estimated costs of the compliance service within fourteen (14) calendar days following Capital Metro’s notice to the Contractor of the adoption of a third-party compli- ance provider requirement and the Contractor shall not incur any costs until a subsequent Contract Modification modification is fully executed. (d) The Contractor shall provide the Authority with a list of the names of any Subcontractors performing Part 219 Services, along with a certified list of the employees assigned by the Subcontractor to perform work under the Con- tract, at least ten (10) calendar days prior to the time a Subcontractor or its Part 219 employees enters the work site. The Contractor and each Subcontractor shall be solely responsible for their compliance with 49 C.F.R. Part 219. (e) The Contractor shall include the substance of subparagraphs subparagraph (a)-(e) of this subparagraphparagraph, in each applicable Subcontract Sub- contract under this Contract. (f) If the Authority discovers that the Contractor or any of its Subcontractors subcontractors are not in compliance with the re- quirements require- ments of 49 C.F.R. Part 219, the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract.

DRUG AND ALCOHOL TESTING PROGRAM. (a) The Authority and its contractors Contractors and subcontractors Subcontractors are required to comply with the requirements of 49 C.F.R. Part 219 with no exceptions. The Contractor has established and implemented, or agrees to establish and implement, and cause its applicable subcontractors Subcontractors to establish and implement, a drug and alcohol testing program for regulated employees (including volunteers, employees and probationary employees) whose duties include inspection, con- struction, maintenance or repair of roadway track; bridges, roadway, signal and communications systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near track or with the potential of fouling a tack and flagmen and watchmen/lookouts (“Part 219 employees”) that complies with 49 C.F.R. Part 219, produce any documentation necessary to establish its compliance with Part 219, and permit any authorized representative of the United States Department of Transportation or the Federal Railroad Administration (“FRA”) and the Authority to inspect the facilities and records associated with the implementation and operation of the drug and alcohol testing program as required under 49 C.F.R. Part 219, including the review of the testing process. (b) Prior to the performance of any work under the Contract by any Part 219 employees on or after June 12, 2017, the Contractor shall furnish the Authority, and cause each subcontractor Subcontractor that provides Part 219 employees to perform work under the Contract to furnish the Authority, with copies of all supporting compliance documentation including but not limited to the following: (1) A copy of the Contractor’s 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (2) A copy of the Federal Railroad Administration’s acceptance letter for 49 C.F.R. Part 219 Railroad Con- tractor Compliance Plan. (3) A certified list of the Contractor’s Part 219 grandfathered employees (June 12, 2017). (4) A certified list of employees who are currently regulated by 49 C.F.R. Part 219 Railroad Contractor Com- pliance Plan Part 219. (5) Copies of the employees DOT 40-25 previous employer drug and alcohol record covered by 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (6) Updated list of the Contractor’s employees when an employee status has changed or employee becomes ineligible, along with an updated certification required in subparagraph (4). (7) Rule G Observations when requested by the Authority. (8) Management Information System Report (MIS) each six (6) months. Access to the work site will be prohibited to employees not named in the certified list required by subparagraphs (4) and (6). (c) Upon notice to the Contractor, Capital Metro may require the Contractor and any Subcontractor providing Part 219 employees to use a third-party compliance provider to track the Contractor’s Part 219 compliance. If the Con- tractor or any of its Subcontractors fails to utilize such required compliance provider or an approved equivalent as required, then the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract. The Authority reserves the right to change the required third-party compliance provider upon notice to the Contractor. In the event that Capital Metro requires the Contractor to use a third-party compliance service, any costs of the required service will be reimbursed by Capital Metro provided the Contractor follows the following reimbursement procedure: the Contractor shall provide the estimated costs of the compliance service within fourteen (14) calendar days following Capital Metro’s notice to the Contractor of the adoption of a third-party compli- ance provider requirement and the Contractor shall not incur any costs until a subsequent Contract Modification modification is fully executed. (d) The Contractor shall provide the Authority with a list of the names of any Subcontractors performing Part 219 Services, along with a certified list of the employees assigned by the Subcontractor to perform work under the Con- tract, at least ten (10) calendar days prior to the time a Subcontractor or its Part 219 employees enters the work site. The Contractor and each Subcontractor shall be solely responsible for their compliance with 49 C.F.R. Part 219. (e) The Contractor shall include the substance of subparagraphs subparagraph (a)-(e) of this subparagraphparagraph, in each applicable Subcontract Sub- contract under this Contract. (f) If the Authority discovers that the Contractor or any of its Subcontractors subcontractors are not in compliance with the re- quirements require- ments of 49 C.F.R. Part 219, the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract.

DRUG AND ALCOHOL TESTING PROGRAM. (a) The Authority and its contractors and subcontractors are required to comply with the requirements of 49 C.F.R. Part 219 with no exceptions. The Contractor has established and implemented, or agrees to establish and implement, and cause its applicable subcontractors to establish and implement, a drug and alcohol testing program for regulated employees (including volunteers, employees and probationary employees) whose duties include inspection, con- structionconstruction, maintenance or repair of roadway track; bridges, roadway, signal and communications systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near track or with the potential of fouling a tack and flagmen and watchmen/lookouts (“Part 219 employees”) that complies with 49 C.F.R. Part 219, produce any documentation necessary to establish its compliance with Part 219, and permit any authorized representative of the United States Department of Transportation or the Federal Railroad Administration (“FRA”) and the Authority to inspect the facilities and records associated with the implementation and operation of the drug and alcohol testing program as required under 49 C.F.R. Part 219, including the review of the testing process. (b) Prior to the performance of any work under the Contract by any Part 219 employees on or after June 12, 2017, the Contractor shall furnish the Authority, and cause each subcontractor that provides Part part 219 employees to perform work under the Contract to furnish the Authority, with copies of all supporting compliance documentation including but not limited to the following: (1) A copy of the Contractor’s 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (2) A copy of the Federal Railroad Administration’s acceptance letter for 49 C.F.R. Part 219 Railroad Con- tractor Contractor Compliance Plan. (3) A certified list of the Contractor’s Part 219 grandfathered employees (June 12, 2017). (4) A certified list of employees who are currently regulated by 49 C.F.R. Part 219 Railroad Contractor Com- pliance Compliance Plan Part 219. (5) Copies of the employees DOT 40-25 previous employer drug and alcohol record covered by 49 C.F.R. Part 219 Railroad Contractor Compliance Plan. (6) Updated list of the Contractor’s employees when an employee status has changed or employee becomes ineligible, along with an updated certification required in subparagraph (4). (7) Rule G Observations when requested by the Authority. (8) Management Information System Report (MIS) each six (6) months. Access to the work site will be prohibited to employees not named in the certified list required by subparagraphs subsections (4) and (6). (c) Upon notice to the Contractor, Capital Metro may require the Contractor and any Subcontractor providing Part 219 employees to use a third-party compliance provider to track the Contractor’s Part 219 compliance. If the Con- tractor Contractor or any of its Subcontractors fails to utilize such required compliance provider or an approved equivalent as required, then the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract. The Authority reserves the right to change the required third-party compliance provider upon notice to the Contractor. In the event that Capital Metro requires the Contractor to use a third-party compliance service, any costs of the required service will be reimbursed by Capital Metro provided the Contractor follows the following reimbursement procedure: the Contractor shall provide the estimated costs of the compliance service within fourteen (14) calendar days following Capital Metro’s notice to the Contractor of the adoption of a third-party compli- ance compliance provider requirement and the Contractor shall not incur any costs until a subsequent Contract Modification is fully executed. (d) The Contractor shall provide the Authority with a list of the names of any Subcontractors performing Part 219 Servicesservices, along with a certified list of the employees assigned by the Subcontractor to perform work under the Con- tractContract, at least ten (10) calendar days prior to the time a Subcontractor or its Part 219 employees enters the work site. The Contractor and each Subcontractor shall be solely responsible for their compliance with 49 C.F.R. Part 219. (e) The Contractor shall include the substance of subparagraphs (a)-(e) of this subparagraphclause, in each applicable Subcontract subcontract under this Contract. (f) If the Authority discovers that the Contractor or any of its Subcontractors are not in compliance with the re- quirements requirements of 49 C.F.R. Part 219, the Authority may suspend the Contractor’s performance under this Contract and/or pursue default remedies under this Contract.