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6 <br />addition, it is understood and agreed that all grievances and disputes involving the interpretation or <br />application of this Agreement, including the ScheduleAAgreements, shallberesolved accordingtothe <br />proceduressetforthinArticle 11ofthis Agreement; provided,however,thatshould adisputeinvolvea <br />single Schedule A Agreement and a Contractor signatory thereto, and not involve interpretation <br />or application of this Agreement, then such dispute shall be processed and resolved pursuant to the <br />grievance provisions of that Schedule A Agreement. Should there be a dispute in the first instance as <br />to whether the provisions of Article 11 of this Agreement or the grievance procedures of a <br />Schedule A Agreement apply, the dispute shall be presented initially to an arbitrator who shall be <br />selected pursuant to the method described in Article 11, within thirty (30) days of the execution of <br />this Agreement. Such referral of a dispute as to the applicable procedures shall be done by an <br />immediate conference call among the parties and the arbitrator, and be heard and decided within <br />three (3) calendar days. Should the arbitrator hold that Article 11 of this Agreementapplies,theparties <br />may, by mutual agreement, submit the issue to the same arbitrator pursuant to the provisions of <br />Article 11,or, absent mutual agreement,commenceprocessing thedisputeatStep I ofthatArticle. <br />3.5 Subcontractors. At the time that any Contractor enters into a subcontract with any <br />subcontractor of any tier for the performance of construction or construction trucking work within <br />the scope of this Agreement, the Contractor shall provide a copy of this Agreement, as it may <br />from time to time be modified by the negotiating parties, to said subcontractor and shall require the <br />subcontractor, as a part of accepting an award of a construction subcontract, to agree to be <br />bound by each and every provision of the Agreementpriortothecommencement ofwork. <br />3.5.1 Each Contractor and Subcontractor shall evidence their agreement to be bound to this <br />Agreement by executing the Agreement To Be Bound form attached hereto as Appendix A. <br />A copy of the Agreement To Be Bound executed by the Contractors and Subcontractors shall <br />be submitted to the Union(s)prior to both the commencement of work and the Pre-Job <br />Conference and will be a required submittal within the City's bid packages.If the Contractor or <br />Subcontractor refuses to execute the Agreement To Be Bound,then such Contractor or <br />Subcontractor shall not be awarded a Construction Contract to perform work on the Projects. <br />A Contractor or Subcontractor who executes the Agreement to Be Bound shall be considered a <br />signatory party to this Agreement. <br />3.6 It is understood that the liability of each Contractor and Subcontractor and the liability of <br />each Union under this Agreement shall be several and not joint. The Unions agree that this <br />Agreement does not have the effect of creating any joint employment status between or among <br />the City and/or any Contractor or Subcontractor. <br />3.7 With regard to any Contractor or subcontractor that is independently signed to any <br />Schedule A Agreement, this Agreement shall in no way supersede or prevent the enforcement of <br />any subcontracting clause contained in such Schedule A Agreement. Any such subcontracting <br />clause in a Schedule A Agreement shall remain and be fully enforceable between each craft union <br />and its signatory employers and no provision of this Agreement shall be interpreted and/or applied <br />in any manner that would give this Agreement precedence over subcontracting obligations and <br />restrictions that exist between craft Unions and their respective signatory employers under a <br />Schedule A Agreement. To the extent that the provisions of this Agreement are inconsistent with <br />any other provisions contained in a Schedule A Agreement, the provisions of this Agreement shall <br />prevail.