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Last modified
3/22/2024 10:56:51 AM
Creation date
2/23/2024 3:26:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/2/2024
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Reso 2024-002 CLIMATEC PHASE III PROJECT
(Amended)
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\City Clerk\City Council\Resolutions\2024
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covered by existing building and construction trades collective bargaining agreements), office <br /> 6 <br />and clerical employees. <br /> <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 <br />be 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 <br />or appropriate by the City. <br /> <br />2.4.4 This Agreement shall not apply to the off-site maintenance of leased equipment or the <br />on-site supervision of such work. <br /> <br />2.4.5 In the event that the City becomes aware or is made aware that this Agreement or portions <br />thereof are inconsistent with the terms and conditions of any grant, loan, or contract with any <br />Federal, State, or regional agency or with the instructions or directions of an authorized <br />representative of a Federal, State or regional agency to which the City is applying for or has <br />received grant funds, the City shall notify the Council. Within 24 hours of notification, the parties <br />shall meet and confer to attempt to modify the Agreement to avoid the forfeiture of any funding or <br />to otherwise resolve the issue. Should the parties be unable to come to an accord, this Agreement <br />or any inconsistent provision shall be modified, subject to the approval of the City Council, to <br />remain in compliance with the requirements of the applicable funding source. <br /> <br />2.5 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, <br />at its sole option, may change, terminate, delay and/or suspend any and all portions of Covered <br />Work at any time. Further, the City may prohibit some or all work on certain days or during <br />certain hours of the day to comply with applicable codes, laws or regulations, permits or to <br />accommodate the ongoing operations of the City's facilities and/or to mitigate the effects of the <br />ongoing Projects' work on the businesses and residents in the neighborhoods of the Project <br />sites; and/or require such other operational or schedule changes that may be deemed <br />necessary, in its sole judgment, to effectively maintain the primary purpose of the City's facilities <br />and to remain a good neighbor to the residents and businesses in the immediate area of any <br />Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, <br />the City will provide the affected Contractor with reasonable notice of any changes, beyond what <br />was stated in the bid documents, that it requires pursuant to this Section. <br /> <br />2.6 Work covered by this Agreement within the following craft jurisdictions shall be performed <br />under the terms of their National Agreements as follows: the NTL Articles of Agreement, the <br />National Stack/Chimney Agreement, the National Cooling Tower Agreement, and the National <br />Agreement of Elevator Constructors, and any instrument calibration work and loop checking <br />shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument <br />and Control Technicians, with the exception that Articles IV, XI and XII of this Agreement shall <br />apply to such work. <br /> <br />2.7 The parties are hereby notified that any Projects funded in whole or in part by HUD <br />Section 3 financial assistance must provide employment, registered apprenticeship, training, <br />contracting, or other economic opportunities to Section 3 residents and businesses in a manner <br />that is consistent with Section 3 of the Housing and Urban Development Act of 1968. <br />DocuSign Envelope ID: 64BB0189-33AC-48E9-B1D7-D912FB4998D8
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