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Exhibit C <br />Certificate of Bidder/Contractor <br />Employee Drug Testing Program <br />ORS 279.505(2) <br />BIDDER'S NAME: WILDISH CONSTRUCTION CO. <br />ORS 279.505(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 <br />warranty 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, a <br />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 License <br />drug testing regulations. <br />2) A copy of the Bidder's current written employee drug testing policy will be available for inspection by the <br />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 debarment under ORS 279C.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 <br />as 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 <br />for Contractor's negligence in establishing or implementing, failure to establish or implement a drug testing <br />policy, or for any damage or injury caused by Contractor's employees acting under the influence of drugs <br />while performing 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 <br />representative on the date shown below. <br />Signature: <br />Printed <br />Name: <br />Title: VICE PRESIDENT <br />Date: <br />Employee Drug testing Program--Page 5 <br />(Revised April 2005) <br />MICHAEL C. WILDISH <br />