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MAINTENANCE SERVICES AGREEMENT FOR MAERKLE DAM MAINTENANCE SERVICES
WITH DUDEK
THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of
_________________________, 2026 (“Agreement”), by and between the Carlsbad Municipal Water
District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the
City of Carlsbad, California ("CMWD") and Dudek, a California corporation ("Contractor").
RECITALS
A. CMWD requires the services of a contractor that is experienced in weed abatement and
vegetation removal services. (“Services”).
B. Contractor is duly qualified and has the necessary experience to provide the Services.
C. CMWD issued a Request for Proposal and in response, the Contractor submitted a
proposal to CMWD and affirmed its willingness and ability to perform the work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those Services (“Services”)
described and delineated in Exhibit “A”. To the extent that any of the terms in the Exhibits(s), including
any attachments, conflict with the terms in this Agreement, in whole or in part, the terms of this
Agreement control.
2. TERM
The term of this Agreement will be effective for a period of four (4) years from the date first above written.
The Executive Manager may amend this Agreement to extend it for one (1) additional one (1) year or parts
of a year. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs,
and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written
amendment indicating the effective date and length of the extended Agreement.
3. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
twenty-eight thousand dollars ($28,000.00) in the first agreement year (2026); twenty-nine thousand four
hundred dollars ($29,400.00) in the second year (2027); thirty-one thousand dollars ($31,000.00) in the
third year (2028); and thirty-two thousand four hundred dollars ($32,400.00) in the fourth year (2029);
for a total not-to-exceed amount of one hundred twenty thousand eight hundred dollars ($120,800.00)
No other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed
forty thousand dollars ($40,000) per Agreement year.
Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties.
CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work
and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined
in attached Exhibit "A".
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4. PUBLIC WORKS
4.1 Prevailing Wage Rates. Any construction, alteration, demolition, installation, repair, and
maintenance work, including work performed during design and preconstruction such as inspection and
land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute
“public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage
laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract,
shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773
and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current
copy of applicable wage rates is on file in the office of the City of Carlsbad City Engineer. Contractor shall
not pay less than the said specified prevailing rates of wages to all such workers employed by Contractor
in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of
the California Labor Code, which generally requires keeping accurate payroll records, verifying and
certifying payroll records, and making them available for inspection. Contractor shall require any
subcontractors to comply with Section 1776.
4.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any
subcontractor or subconsultant performing any public work under this Agreement to be currently
registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section
1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be
qualified to engage in the performance of any contract for public work, unless currently registered and
qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of
public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish CMWD
with the subcontractor or subconsultant's current DIR registration number, including submitting the form
provided in Exhibit “B”.
5. CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize CMWD’s Procore
(www.procore.com) online project management and document control platform. The intent of utilizing
Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team
dynamic by improving information flow, reducing non-productive activities, reducing rework and
decreasing turnaround times. Contractor is required to create a free web-based Procore user account(s)
and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the
Engineer approves otherwise, the Contractor shall process all project documents through Procore
because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or
not otherwise trained with Procore, Contractor and applicable team members shall complete a free
training certification course located at http://learn.procore.com/procore-certification-subcontractor.
Contractor is responsible for attaining their own Procore support, as needed, either through the online
training or reaching out to the Procore support team. It will be the responsibility of the Contractor to
regularly check Procore and review updated documents as they are added. There will be no cost to the
Contractor for use of Procore.
It is recommended that Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, requests for information, submittals, schedules, change orders, project documents, as well
as any deficient observations or punch list items. Providing mobile access will improve communication,
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efficiency, and productivity for all parties. The use of Procore for project management does not relieve
Contractor of any other requirements as may be specified in this Agreement.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit
of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under the
control of CMWD only as to the result to be accomplished but will consult with CMWD as necessary. The
persons used by Contractor to provide services under this Agreement will not be considered employees
of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation
to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of
Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers'
compensation insurance or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify CMWD within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers' compensation
payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may
deduct the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If
Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and
omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor.
Nothing contained in this Agreement will create any contractual relationship between any subcontractor
of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will
bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved
in writing by CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by CMWD), such approval not to be unreasonably
withheld, conditioned, or delayed, indemnify, and hold harmless CMWD and its officers, elected and
appointed officials, employees and volunteers from and against all claims, damages, losses and expenses
including reasonable attorney’s fees arising out of the performance of the work described herein caused
by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under California Civil Code section 2782.8),
then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated
herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor
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obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim,
including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
The parties expressly agree that any payment, reasonable attorney’s fees, costs or expense CMWD or the
City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD’s self-administered
workers’ compensation program is included as a loss, expense or cost for the purposes of this section, and
that this section will survive the expiration or early termination of this Agreement.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design profession” (as that term is defined under California Civil Code Section 2782.8),
then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated
into this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon
Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for
such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments,
insurance against claims for injuries to persons or damage to property which may arise out of or in
connection with performance of the services by Contractor or Contractor’s agents, representatives,
employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and
authorized to do business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”;
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC)
latest quarterly listings report.
10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These
minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification
obligations under this Agreement. CMWD, its officers, agents and employees make no representation that
the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate
to protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's
sole expense. The full limits available to the named insured shall also be available and applicable to CMWD
as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis,
including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for
CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to CWMD's satisfaction, a declaration stating this.
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10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession
with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years
following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall
provide primary coverage to CMWD.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage.
10.2.3 If Contractor maintains higher limits than the minimums shown above, CMWD requires
and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage will be available to CMWD.
10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it
and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail
pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages,
then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance
or pay the premiums that are due on existing policies in order to maintain the required coverages.
Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD
may collect these payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time, complete
certificates of insurance and copies of applicable endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as
may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during
normal business hours to examine, audit, and make transcripts or copies of records and any other
documents created pursuant to this Agreement. Contractor will allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of four (4) years from the
date of final payment under this Agreement.
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13. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of CMWD and on behalf of Contractor under this Agreement are:
For CMWD: For Contractor:
Name Zac Taylor Name Dudek
Title Assistant Engineer Title Attn: Legal
Dept PW Utilities Address 687 S. Coast Highway 101, Suite 110
Carlsbad Municipal Water District Encinitas, CA 92024
Address 5950 El Camino Real Phone 760-415-4997
Carlsbad, CA 92008 Email legal@dudek.com
Phone 442-339-2329
Each party will notify the other immediately of any changes of address that would require any notice or
delivery to be directed to another address.
14. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests
as required in the CMWD Conflict of Interest Code.
Yes ☐ No ☒
15. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of applicable federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with these
laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with
all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will
comply with those requirements, including, but not limited to, verifying the eligibility for employment of
all agents, employees, subcontractors and consultants whose services are required by this Agreement.
16. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
17. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination, harassment, and retaliation.
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18. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used
to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties.
Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing.
A copy of such documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative receiving the letter
will reply to the letter along with a recommended method of resolution within ten (10) business days. If
the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will
be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions
recommended by each party and may then opt to direct a solution to the problem. In such cases, the
action of the Executive Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
19. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by
this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned by
CMWD and all work in progress to CMWD’s address contained in this Agreement. CMWD will make a
determination of fact based upon the work product delivered to CMWD and of the percentage of work
that Contractor has performed which is usable and of worth to CMWD in having the Agreement
completed. Based upon that finding CMWD will determine the final payment of the Agreement.
CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor.
Contractor may terminate this Agreement by tendering five (5) days written notice to CMWD. In the event
of termination of this Agreement by either party and upon request of CMWD, Contractor will assemble
the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will
be paid for work performed to the termination date; however, the total will not exceed the lump sum fee
payable under this Agreement. CMWD will make the final determination as to the portions of tasks
completed and the compensation to be made.
20. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a
bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award
or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or
contingent fee.
21. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to CMWD must be
asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of
litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to
CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this
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Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include false claims made with deliberate ignorance of the false information or in
reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to
the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work
or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another
jurisdiction is grounds for CMWD to terminate this Agreement.
22. JURISDICTIONS AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California without regard
to, or application of choice of law principles. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State
Superior Court, San Diego County, California.
23. NO ATTORNEYS FEES AND COSTS
Except as otherwise specifically provided in this Agreement, if there is any litigation, mediation, arbitration
or other dispute resolution proceedings arising out of this Agreement, each Party shall for its own attorney
and other professional fees, costs and expenses.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and
their respective successors. Neither this Agreement nor any part of it nor any monies due or to become
due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be
unreasonably withheld.
25. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than
CMWD and Contractor.
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor
each represent and warrant that they have the legal power, right and actual authority to bind Contractor
to the terms and conditions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.
CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a
Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of
the City of Carlsbad
DUDEK, a California corporation
By: By:
(sign here) AMANDA L. FLESSE, General Manager, as
authorized by the Executive Manager
Joseph Monaco, President & CEO
(print name/title)
ATTEST:
By: SHERRY FREISINGER, Secretary
(sign here)
By:
Amy M. Paul, Secretary Assistant Secretary
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a
corporation, Agreement must be signed by one corporate officer from each of the following two groups.
Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, General Counsel
By: _____________________________
Assistant General Counsel
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EXHIBIT A
SCOPE OF SERVICES AND FEE
Contractor will perform maintenance at the Maerkle Dam project site (yellow bounded area, below) from
February 15, 2026 through December 31, 2029. Maintenance events will occur 4 times per year on an as-
needed basis in where the client will request a maintenance event. Maintenance tasks will include: string
trimming all annual vegetation to within 4” of the soil surface within the yellow bounded area, vegetation
trimming and removal in the outlet dam, trash removal, and herbicide treatments. All non-native species
will be treated with an aquatically approved herbicide to prevent regrowth.
Task Description Quantity Unit Unit Price Total
1 Maerkle Dam Vegetation Maintenance
(2026) 4 Visits $7,000.00 $28,000.00
2 Maerkle Dam Vegetation Maintenance
(2027) 4 Visits $7,350.00 $29,400.00
3 Maerkle Dam Vegetation Maintenance
(2028) 4 Visits $7,750.00 $31,000.00
4 Maerkle Dam Vegetation Maintenance
(2029) 4 Visits $8,100.00 $32,400.00
Total $120,800.00
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EXHIBIT “B”
DIR CONTRACTOR REGISTRATION CERTIFICATION
NAME OF PROJECT: Maerkle Dam Maintenance Services
NAME OF CONTRACTOR: Dudek
Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractors and any Subcontractors for this
Project must be registered with the Department of Industrial Relations. See Public Works (ca.gov) for
additional information.
Contractor certifies that it is aware of the registration requirements set forth in Labor Code Sections
1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial
Relations.
Name of Contractor: DUDEK
DIR Registration Number: 1000007200
DIR Registration Expiration: 2028-06-30
Contractor further certifies:
1. Contractor shall maintain a current DIR registration for the duration of the Project.
2. Contractor will include the requirements of Labor Code Sections 1725.5 and 1771.1 in any
contractor with subcontractors and ensure that all subcontractors are registered at the time of
contract award and will maintain registration status for the duration of the Project.
Signature: Date:
Name: Joesph Monaco Title: President & CEO
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