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Certificate of Bidder/Contractor <br />Employee Drug Testing Program <br />ORS 2790,505(2) <br />BIDDER'S NAME: John Hyland Cons t . , Inc. <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, d 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 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 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 c~d by this contract. These. are Bidder/Contractor's sole <br />responsibilities. <br />In Witness Whereof, the Bidder has c sed i <br />representative on the date shown below. <br />Signature: <br />Printed N e: Title: John Hyland, President <br />document to be executed by its duly authorized <br />Date: October 6, 2009 <br />