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. Certificate ®f Wielder/C®ntract®•~° <br /> . Ernpl®yee Drug Testing Prograrri <br /> ORS ~79Ca50S(2) <br /> BIDDER'S NAME: 2G Iric. dba. 2G Construction <br /> . ORS 279C.505(2) provides that every public improvement contract contain a condition that the contractor <br /> shah demonstrate that an. employee drug testing program is in place. The City's award of <br /> the .contract :(the <br /> Contract for. which t <br /> his certificate is .re uired is conditioned <br /> . q , in part, a on the bidder s demonstrat' <br /> . p ion of <br /> compliance with the. provisions of ORS 279.0.505.. Tf the bidder named above (the "Bidder") is awarded the <br /> Contract; this certificate shall become a part of, and shall cbnstitute.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 /> <br /> . employee is under the influence of drugs; <br /> c) Requires. compliance with the Oregon Department of Transportafion 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 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 <br /> sufficient 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 <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 /> in Witness Whereof, the Bidder has caused this document to be executed by its duly authorized <br /> representative on the date shown below. <br /> r <br /> Signature: ~ <br /> ~ • <br /> Printed Name; Title: 1a`rederick J. Viscardi, Jr. , President <br /> Date: 8/28/09 <br /> <br />