Atty. Rev. 2025 Page 1 of 13
AGREEMENT FOR SERVICES
UTILITY LOCATING AND MARKING SERVICES
T
his Agreement is made on January 20, 2026 by and between S.E. Chambers Construction, Inc., a California S Corporation (“Contractor”) and the City of Santa Maria , a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
W
HEREAS, the City has determined that Utility Locating and Marking Services (the “Project”) involves performance of services of irregular and specialized nature; and W
HEREAS, the City does not have sufficient available employees, equipment, or resources to perform the required services for the Project; and
W
HEREAS, on July 30, 2025, the City released a Request for Proposals seeking qualified firms to provide services for the Project; and
W
HEREAS, following completion of the Requests for Proposals process , the City selected the Contractor as the firm best qualified to perform the required services for the Project; and W
HEREAS, on the effective date set forth above, the City Council authorized City staff to enter into this Agreement for the Project.
NO
W, THEREFORE, IT IS AGREED:
1. R
ecitals true. The above recitals are true.
2. Ge
neral.
2. 01. Term and Termination. The initial term of this Agreement is three (3) years, beginning on the effective date set forth above, and ending 11:59 p.m. on January 19, 2029, but may be extended up to two (2) successive one (1) year periods by mutual written consent of the parties.
This Agreement may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Contractor shall determine the method, details and means of providing services for the Project. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.
2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.
2.07. Exhibits. Exhibits A, B, C, and D are attached and incorporated.
3. C
ontractor’s Obligations.
3. 01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this Agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the ATTACHMENT "B"
Atty. Rev. 2025 Page 2 of 13
performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor or the acts or omissions of an employee, agent or subcontractor of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. M
iscellaneous
4.01. Notices. All communication relating to the day -to-day activities of this Agreement shall be exchanged between a designated representative of the City and a representative of Contractor, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Contractor:
City of Santa Maria SE Chambers Construction, Inc.
Utilities Department Attn: Steven E. Chambers
Attn: Director of Utilities P.O. Box 6017
2065 East Main Street Santa Maria, CA 93456
Santa Maria, CA 93454
I f the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change.
Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this Agreement.
4.03. Integration. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this Agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Each person signing this A greement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
Atty. Rev. 2025 Page 3 of 13
4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10 Prevailing Wage. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. Further requirements are attached as Exhibit D.
IN WITNESS WHEREOF, this Agreement is executed by the parties on the date first written above.
“Contractor” “City”
S.E. CHAMBERS CONSTRUCTION, INC. CITY OF SANTA MARIA
By: By:
STEVEN E. CHAMBERS SHAD S. SPRINGER, P.E., MPA
President Director of Utilities
ATTEST
By:
DONNA G. SCHWARTZ
Chief Deputy City Clerk
APPROVED AS TO FORM
Risk Manager
City Attorney
Atty. Rev. 2025 Page 4 of 13
EXHIBIT A
SCOPE OF WORK
GENERAL REQUIREMENTS
The Contractor shall provide all labor, equipment, records, research, and field investigations necessary to perform utility locating services for the City. Work shall include determining the location of City-owned facilities using GIS data, as-built record drawings, atlas maps, KMZ files, and other support documents provided by the City. All services shall be performed with the degree of care, skill, and diligence ordinarily exercised by qualified utility -locating professionals experienced in California underground utility detection.
The Contractor shall perform all work in compliance with:
Industry-accepted methods and practices for underground utility locating. All applicable laws and regulations, including California Government Code §4216 et seq. All local ordinances and requirements.
Locating procedures adopted or approved by the National Utility Locating Contractors Association (NULCA).
American Public Works Association (APWA) uniform color code standards. California Manual on Uniform Traffic Control Devices (CA MUTCD), when traffic control is required.
Services shall be performed promptly and, at minimum, in full compliance with response deadlines established by State law, DigAlert, and all Positive Response requirements.
CONTRACTOR RESPONSIBILITIES
The Contractor shall:
Provide sufficient qualified and trained staff, vehicles, paint, flagging materials, stakes, necessary traffic control equipment, and all other materials and tools required to complete all locate requests in a timely and professional manner.
Not utilize subcontractors for any portion of this Scope of Work without prior written approval from the City. The Contractor shall remain fully responsible for the actions and work product of any subcontractor.
Receive all excavation notices directed to the City from any source, including requests generated through DigAlert.
Respond to all DigAlert (USA/SC) tickets within two working days of issuance or within the specific timeframes indicated on each request, in accordance with Government Code §4216. Provide all required Positive Responses to DigAlert electronically through the approved system. Respond to emergency response tickets issued by DigAlert 24 hours per day, 7 days per week, in accordance with statutory requirements.
Review the City’s underground facility information and determine any conflicts between proposed excavations and City facilities. Where conflicts exist, locate and mark City- owned Atty. Rev. 2025 Page 5 of 13
utilities using paint, flags, or stakes in compliance with APWA standards and at reasonable intervals to ensure clear identification.
Only locate and mark City-owned utilities and shall not mark private or third-party utilities unless expressly authorized in writing by the City.
Take date-stamped photographic documentation of all markings, and when feasible, record GPS locations to accompany the work record for each ticket. Photographic documentation shall include overview and close- up photos of markings, the excavation area, and identifiable landmarks for orientation.
Notify the City of any discrepancies between GIS data, record drawings, or other mapping provided by the City and the utilities located in the field. Such notification may take the form of digital field markups, redlines, or other formats acceptable to the City. Electronically close each DigAlert notice upon completion of work, using the approved system. List all work performed on a per -ticket basis, identified by ticket number and date of issuance, and submit such tickets as backup documentation accompanying weekly invoices. All electronic records and deliverables including but not limited to all ticket documentation, photos, GPS data, maps, markups, positive response logs, must be provided in a digital format acceptable to the City.
Safely manage, store, and maintain all City -provided maps, records, GIS data, and facility information. Contractor shall use commercially reasonable security measures to protect both digital and physical data and shall notify the City immediately of any suspected unauthorized access or data breach. Such information shall not be disclosed to or shared with any person not approved by the City and shall be used solely for the purpose of performing utility locating services as required by this contract.
Maintain complete records of all locate requests, supporting documentation, photos, and communications for a minimum of three (3) years from the date of receipt. Such records shall be made available to the City for inspection or audit upon reasonable notice. Maintain regular communication with assigned City staff regarding ticket status, scheduling, field conditions, conflicts, discrepancies, unlocatable facilities, safety concerns , and any issues that may impact work performance.
Coordinate with City staff performing construction, maintenance, or asset -verification activities and provide additional locating support as directed.
Provide separate billing to each City Department responsible for the utilities marked. Billings shall be directed to: (a) Utilities Department: Water, Sewer, Storm Drain, and Fiber (b) Public Works Department: Signal and Streetlighting.
Be responsible for damages resulting from incorrect or negligent field markings, except to the extent such damages arise from inaccurate, incomplete, or conflicting information provided by the City.
Assist the City in damage investigations as requested, including providing documentation, photos, site notes, and personnel statements.
Atty. Rev. 2025 Page 6 of 13
EXHIBIT B
PAYMENT
I. PROGRESS AUTHORIZATION
Written authorization to proceed from the City authorizes the Contractor to bill the City as follows for work performed under this Agreement. The unit pricing below will be in place for the first two (2) years of the initial term and may be adjusted starting with the third (3rd) year based on the Southern California Construction Cost Index (CCI) published by Engineering News Record (ENR) calculated as the lesser of the following:
1. CCI change in the previous year from January to December; or
2. Five (5) year average of the previous fiscal years
SCHEDULE OF CHARGES – 2026 THROUGH 2027
ITEM PER UNIT UNIT COST
1 Field Locate Utility $ 37.00
2 Field Screen Site/Ticket $ 33.00
3 Office Screen Site/Ticket $ 20.00
4 Re-Mark (REMK) Site/Ticket $ 25.00
5 Renew (RNEW) No Charge
6 Emergency Call-Out Response Hour $ 75.00
Note: All pricing is inclusive of all labor, equipment, materials, overhead, and administrative costs necessary to complete each task listed. No markup is permitted.
SCHEDULE DESCRIPTIONS
1 Field Locate
Earned per utility per DigAlert ticket transmission when:
A site visit is conducted during regular business hours (Monday -Friday, 7:00 a.m. -5:00 p.m.) with a minimum of 48 hours’ notice.
Up to 400 linear feet per utility is located and marked. Additional units are earned for each 400 feet increment beyond the initial 400 linear feet.
2 Field Screen
Earned per site when:
A site visit confirms no conflict with City-owned underground facilities. No physical/electronic locating is performed.
Conditions may include no- show by excavator, ticket errors, excavation completed, and insufficient notification.
Atty. Rev. 2025 Page 7 of 13
3 Office Screen
Earned per site when:
No field visit is necessary.
Includes research, documentation, communication with excavators, and ticket updates. Includes ticket cancellations, "no mark required," and out-of-area requests. Does not apply to RNEW requests (see Item 5).
4 Re-mark (REMK)
Earned per site when:
A new DigAlert ticket requests a re-mark within 28 days of the original ticket. REMKs must be performed if requested, regardless of elapsed time. If the original ticket required a Field Locate or Field Screen, the REMKs must also be field- performed.
If the original ticket was an Office Screen, the REMKs will also be treated as such.
5 Renew (RNEW)
RNEWs are excavator-initiated notifications of ongoing work. No fee shall be charged to the City unless field response is explicitly requested. RNEWs do not require action unless triggered by the excavator. o Excavators are required to renew tickets that must stay open longer than 28 days.
6 Emergency Call-Out Response
Includes responses outside of regular business hours (after 5:00 p.m., weekends, or holidays).
Requires prior authorization by the City.
II. INVOICE PROCEDURE
Payment shall be monthly based on the billable charges. The Contractor shall present weekly bills for charges from the previous week, separated by responsible City Department as described in Exhibit A.
The Co ntractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.
III. Rates shall be billed according to schedule of charges. Work authorized by amendment shall be billed on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.
Atty. Rev. 2025 Page 8 of 13
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor , his/her agents, representatives, or employees. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Contractor's profession.
Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infri ngement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
Atty. Rev. 2025 Page 9 of 13
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Contractor ’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Atty. Rev. 2025 Page 10 of 13
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor ’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Atty. Rev. 2025 Page 11 of 13
EXHIBIT D
PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND
PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS
The terms of this Exhibit apply to all Public Works projects for over $1,000.
For purposes of this Exhibit, “Public Works” includes any project of a type defined in California Labor Code section 1720 when paid for in whole or in part by public funds. These projects include:
construction, alteration, demolition, installation, or repair work done under contract. For purposes of this definition, "construction" includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this definition, "inst allation" includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.
Pursuant to California Labor Code sections 1720 and 1771, construction, alteration, demolition, installation, repair and maintenance work performed under this Agreement is subject to State prevailing wage laws. State prevailing wage laws require certain provisions be included in all contracts for public works. The Contractor and any subcontractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:
1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the Contractor and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction wor k is conducted, and work performed during the post - construction phases of construction, including but not limited to all cleanup work at the jobsite.
1.1. Copies of such prevailing rate of per diem wages are on file at the City Public Works Department and are available for inspection to any interested party on request. Copies of the prevailing rate of per diem wages also may be found at http://www.dir.ca.gov/ OPRL/DPreWageDetermination.htm. The Contractor and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.
1.2. The wage rates determined by the DIR refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, then the published rate of wage shall be in effect for the life of this Agreement. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Agreement in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Agreement, each successive predetermined wage rate shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such Atty. Rev. 2025 Page 12 of 13
predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.
2. Penalties for Violations. The Contractor and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.
3. Payroll Records. The Contractor and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. The Contractor shall require all subcontractors to also comply with section 1776. The Contractor and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The Contractor shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the Contractor and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.
4. Apprentices. The Contractor and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices. The Contractor is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).
5. Working Hours. The Contractor and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.
6. Required Provisions for Subcontracts. The Contractor shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.
7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the Contractor is required to secure the payment of compensation of its employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:
“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the Contractor as directed by the DIR, pursuant to California Labor Code section 1727.
Atty. Rev. 2025 Page 13 of 13
9. Contractor and Subcontractor Registration Requirements. The Contractor and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 Contractor certifies that the Contractor has verified that all Contractor and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The Contractor shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City’s request.
10. Stop Order. Where a Contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered Contractor or subcontractor on ALL public works until the unregistered Contractor or subcontractor is registered. Failure to observe a stop order is a misdemeanor.