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Reso 2015-104
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Reso 2015-104
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6/18/2015 5:27:30 PM
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6/18/2015 5:27:28 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
6/15/2015
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10A Action 2015 0615
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0615
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within the scope of this Agreement, the Contractor shall provide a copy of this Agreement, as it <br /> may from time to time be modified by the negotiating parties, to said subcontractor and shall <br /> require the subcontractor, as a part of accepting an award of a construction subcontract, to <br /> agree to be bound by each and every provision of the Agreement prior to the commencement <br /> of work. <br /> 3.6.1 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 Exhibit A. A <br /> copy of the Agreement To Be Bound executed by the Contractors and Subcontractors shall be <br /> submitted to the Council and the Union(s) prior to both the commencement of work and the <br /> Pre-Job Conference and will be a required submittal within the City's bid packages. If the <br /> Contractor or Subcontractor refuses to execute the Agreement To Be Bound, then such <br /> Contractor or Subcontractor shall not be awarded a Construction Contract to perform work on <br /> the Projects. A Contractor or Subcontractor who executes the Agreement to Be Bound shall <br /> be considered a signatory party to this Agreement. <br /> 3.6.2 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. Any dispute between the <br /> Union(s) and the Contractor/Employer respecting compliance with the terms of the Agreement <br /> shall not affect the rights, liabilities, obligations and duties between the signatory Union(s) and <br /> other Contractor(s)/Employer(s) party to this Agreement. Any alleged breach of this <br /> Agreement by a signatory Union shall not affect the rights, liabilities, obligations and duties <br /> between the signatory Contractor(s)/Employer(s) and the other Union(s) party to this <br /> Agreement. The Unions agree that this Agreement does not have the effect of creating any <br /> joint employment status between or among the City and/or any Contractor or Subcontractor. <br /> 3.6.3 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 <br /> of any subcontracting clause contained in such Schedule A Agreement. Any such <br /> subcontracting clause in a Schedule A Agreement shall remain and be fully enforceable <br /> between each craft union and its signatory employers and no provision of this Agreement shall <br /> be interpreted and/or applied in any manner that would give this Agreement precedence over <br /> subcontracting obligations and restrictions that exist between craft Unions and their respective <br /> signatory employers under a Schedule A Agreement. To the extent that the provisions of this <br /> Agreement are inconsistent with any other provisions contained in a Schedule A Agreement, <br /> the provisions of this Agreement shall prevail. <br /> ARTICLE 4 <br /> WORK STOPPAGES. STRIKES, SYMPATHY STRIKES AND LOCKOUTS <br /> 4.1 The Unions, City and Contractor agree that for the duration of the Projects: <br /> 4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, hand billing or <br /> otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any <br /> reason, by the Unions or construction persons employed on the Projects, at a job site of the <br /> Projects or at any other facility of the City because of a dispute on the Projects. Nor shall the <br /> Unions or construction persons employed on the Projects participate in any strikes, sympathy <br /> strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public <br /> that a labor dispute exists at a Project jobsite because of a dispute between Unions and <br /> Contractor(s) on any other project. <br />
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