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Certificate of Bidder/Contractor <br /> Employee Drug Testing Program <br /> ORS 279G505(2j <br /> BIDDER'S NAME: WILDISH CONSTRUCTION CO. <br /> ORS 2790.505(2). provides that everypublic improvement contract contain a condition. that the contractor <br /> shall demonstrate that an employee drug testing .program is in .place. The City's award of the contract (the <br /> "Contract") for which this certificate is required is conditioned, in part, upon the bidder's demonstration of <br /> compliance with the provisions of ORS 2790.505. If the bidder named above (the "Bidder") is awarded the' <br /> Contract, this certificate shall become. a part of, and shall constitute a continuing representation and warranty <br /> under, the Contract. <br /> To induce the City of Eugene to award the Contract to the Bidder, the undersigned, as the duly authorized <br /> representative of the Bidder, hereby represents and warrants, on behalf of the Bidder: <br /> 1) That Bidder has and enforces, and at all times during the term of the Contract will have and enforce, <br /> a written employee drug testing policy that, at a minimum: <br /> a) Requires pre-employment drug testing; <br /> b) Requires drug,testing of an employee when the Bidder has reasonable cause to believe the. <br /> employee is under the influence of drugs; <br /> c) Requires compliance with the Oregon Department of Transportation Commercial Drivers <br /> License drug testing.regulatioris. <br /> 2) A copy of the Bidder's current written employee drug'testing policy will be available for inspection . <br /> by the City at any time upon the City's request. <br /> 3) The Bidder/Contractor understands and agrees that its representations and warranties herein will <br /> become a continuing part of the Contract and that breach of any of the foregoing will be sufficient <br /> grounds for disbarment under ORS 2790.130. ~ . <br /> The. City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the substance <br /> or procedure of Contractor's drug testing program. Nothing in this drug testing provision shall be construed as <br /> <br /> . requiring Contractor to violate any legal, including constitutional, rights or any employee, including but not <br /> limited to, selection of which employees to test and the manner of such testing. The City shall not be liable. for <br /> Contractor's negligence in establishing or implementing, failure to establish or implement a drug testing policy, or <br /> for any damage or injury caused by Contractor's employees acting under the influence of drugs whileperforming <br /> work covered by. this contract. These are Bidder/Contractor's sole responsibilities. <br /> in Witness Whereof, the Bidder has caused this document to be executed by its duly authorized representative <br /> on the date shown below. <br /> Signature: <br /> Printed Name; Title: NiICHAEL C. WILDISH, VICE PRESIDENT <br /> Date: / . <br /> <br />