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4 <br />0 <br />2.3.2 The Projects include work necessary for the Projects performed in temporary yards or <br />areas adjacent to and dedicated to the Projects, and at any on-site batch plant(s) constructed <br />solely to supply materials to the Projects, when those sites are dedicated exclusively to the <br />Projects. This Agreement covers all on-site fabrication work over which the City, Contractor(s) <br />or subcontractor(s) possess the right of control (including work done for the Projects in any <br />temporary yard or area established for the Projects. This Agreement also covers all off-site <br />fabrication work traditionally performed by the Unions that is part of the Projects, provided such <br />off-site fabrication work is covered by a provision of a current Schedule A Agreement or local <br />addenda to a National Agreement of the applicable Union(s) that is in effect as of the execution <br />date of this Agreement). <br />2.3.3 The furnishing of supplies, equipment or materials which are stockpiled for later use <br />shall in no case be considered subcontracting. Construction trucking work such as the delivery of <br />ready-mix, asphalt, aggregate, sand or other fill material which are directly incorporated into the <br />construction process as well as the off-hauling of debris and excess fill material and/or mud, shall <br />be covered by the terms and conditions of this Agreement, to the fullest extent permitted by law <br />and by prevailing wage determinations of the California Department of Industrial Relations. <br />Employers, including brokers, of persons providing construction trucking work shall provide <br />certified payroll records to the City within ten (10) days of written request or as required by bid <br />specifications. <br />2.3.4 The on-site installation or application of all items shall be performed by the craft having <br />jurisdiction over such work as set forth under the provisions of this Agreement;provided, <br />however, it is recognized that installation of specialty items which may be furnished by the <br />owner of the Project or a Contractor shall be performed by construction persons employed under <br />this Agreement who may be directed by other personnel in a supervisory role; provided, <br />however, in limited circumstances requiring special knowledge of the particular item(s), work <br />may be performed by construction persons of the vendor or other companies where necessary <br />to protect a manufacturer's warranty. The issue of whether it is necessary to use construction <br />persons of the vendor or other companies to protect a manufacturer's warranty shall be subject <br />to the grievance and arbitration provisions in this Agreement. <br />2.4 Exclusions: The following shall be excluded from the scope of this Agreement: <br />2.4.1 This Agreement is not intended to, and shall not affect or govern the award of public <br />works contracts by the City that are outside the identified scope of work of the Projects. <br />2.4.2 This Agreement shall not apply to a Contractor or subcontractor's executives, <br />managerial employees, engineering employees, design employees, supervisors (except those <br />covered by existing building and construction trades collective bargaining agreements), office and <br />clerical employees. <br />2.4.3 This Agreement shall not apply to any work performed on or near or leading to the site <br />of work covered by this Agreement that is undertaken by state, county or other governmental <br />bodies or their contractors; or by public or private utilities or their contractors; or by the City or <br />its contractors for work not part of the scope of the Projects.Further, this Agreement shall not be <br />construed to prohibit or restrict the City or its employees from performing work on or around <br />the Project construction sites or from entering Project sites for any purposes deemed necessary or <br />appropriate by the City.