GJN 4571 Contract 2009-00004 w bid docs

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r Certificate of Bidder/Contractor Employee Drug Testing Program ORS 279C.505(2) BIDDER'S NAME: __ ~ C-p r T~ ~ ORS 279C.505(2) provides that every public improvement contract contain a condition that the contractor shall demonstrate that an employee drug testing program is in place. The City's award of the contract (the "Contract") for which this certificate is required is conditioned, in part, upon the bidder's demonstration of compliance with the provisions of ORS 279C.505. If the bidder named above (the "Bidder") is awarded the Contract, this certificate shall become a part of, and shall constitute a continuing representation and warranty under, the Contract. To induce the City of Eugene to award the Contract to the Bidder, the undersigned, as the duly authorized representative of the Bidder, hereby represents and warrants, on behalf of the Bidder: 1) That Bidder has and enforces, and at all times during the term of the Contract will have and enforce, a written employee drug testing policy that, at a minimum: a) Requires pre-employment drug testing; b) Requires drug testing of an employee when the Bidder has reasonable cause to believe the employee is under the influence of drugs; c) Requires compliance with the Oregon Department of Transportation Commercial Drivers License drug testing regulations. 2) A copy of the Bidder's current written employee drug testing policy will be available for inspection by the City at any time upon the City's request. 3) The Bidder/Contractor understands and agrees that its representations and warranties herein will become a continuing part of the Contract and that breach of any of the foregoing will be sufficient grounds for disbarment under ORS 279C.130. The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the substance or procedure of Contractor's drug testing program. Nothing in this drug testing provision shall be construed as requiring Contractor to violate any legal, including constitutional, rights or any employee, including but not limited to, selection of which employees to test and the manner of such testing. The City shall not be liable for Contractor's negligence in establishing or implementing, failure to establish or implement a drug testing policy, or, for any damage or injury caused by Contractor's employees acting under the influence of drugs while performing work covered by this contract. These are Bidder/Contractor's sole responsibilities. In Witness Whereof, the Bidder has caused this document to be executed by its duly authorized representative on the date sho b ow Signature: Printed Name; Title: ~ `r= r1 ~ ~ Date: ~ u-~l ~~ ~~ ~ a~