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Certificate of Bidder/Contractor <br /> Employee Drug Testing Program . <br /> ORS 279C.505(2) , <br /> BIDDER'S NAME: WILDISH CONSTRUCTION CO. <br /> ORS 279C.505(2) provides that every public 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 279C.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 <br /> enforce, 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 regulations. • <br /> 2) A copy of the Bidder's current written employee drug testing policy will be available for <br /> inspection by the City at ariy 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 <br /> sufficient grounds for disbarment under ORS 279C.130. <br /> The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the <br /> substance or procedure of Contractor's drug testing program. Nothing in this drug testing provision shall be <br /> construed as requiring Contractor to violate any legal; including constitutional, rights or any employee, <br /> including but not limited to, selection of which employees to test and the manner of such testing. The City <br /> shall not be liable for Contractor's negligence in establishing or implementing, failure to establish • or • <br /> implement a drug testing policy, or for any damage or injury caused by Contractor's employees acting under <br /> the influence of drugs while performing. work covered by this contract. These are Bidder/Contractor's sole <br /> responsibilities. • <br /> <br /> • In Witness Whereof, the Bidder has caused this document to be executed by its duly authorized <br /> representative on the dat shown below. • <br /> Signature: <br /> Printed Name; Title: MICHAEL C. WILDISH, VICE PRESIDENT <br /> Date: S 6 D • <br /> <br />