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Packet 20240102
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5C Consent
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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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The parties shall meet and confer to modify this Agreement when and where necessary to <br /> 7 <br />comply with HUD regulations. <br /> <br /> <br />ARTICLE 3 <br /> <br />EFFECT OF AGREEMENT/SUBCONTRACTORS <br /> <br />3.1 By executing this Agreement, the Unions and the City agree to be bound by each and <br />every provision of this Agreement. <br /> <br />3.2 By accepting the award of a Construction Contract for a Project, whether as contractor <br />or subcontractor at any tier thereunder, the Contractor/Subcontractor agrees to be bound by <br />each and every provision of this Agreement. <br /> <br />3.3 This Agreement shall only be binding on the signatory parties hereto, their successors <br />and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any <br />such party unless performing work within the scope of the Project(s). <br /> <br />3.4 The provisions of this Agreement, including the Schedule A agreements, which are <br />incorporated herein by reference and which are the local Master Agreements of the Signatory <br />Unions having jurisdiction over the work on the Project, shall apply to the work covered by this <br />Agreement, notwithstanding the provisions of any other local, area and/or national agreements <br />which may conflict with or differ from the terms of this Agreement. It is understood that this <br />Agreement, together with the referenced Schedule A Agreements, constitute an integrated, self - <br />contained, stand-alone agreement, and that by virtue of having become bound to this <br />Agreement, the Contractor will not be obligated to sign any other local, area, or national <br />agreement as a condition of performing work within the scope of this Agreement. Where a <br />subject covered by the provisions of this Agreement is also covered by a Schedule A, the <br />provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a <br />Schedule A and is not covered by this Agreement, the provisions of the Schedule A shall prevail. <br /> <br />3.5 In addition, it is understood and agreed that all grievances and disputes involving the <br />interpretation or application of this Agreement, including the Schedule A Agreements, shall be <br />resolved according to the procedures set forth in Article 11 of this Agreement; provided, <br />however, that should a dispute involve a single Schedule A Agreement and a Contractor <br />signatory thereto, and not involve interpretation or application of this Agreement, then such <br />dispute shall be processed and resolved pursuant to the grievance provisions of that Schedule <br />A Agreement. Should there be a dispute in the first instance as to whether the provisions of <br />Article 11 of this Agreement or the grievance procedures of a Schedule A Agreement apply, the <br />dispute shall be presented initially to an arbitrator who shall be selected pursuant to the method <br />described in Article 11. Such referral of a dispute as to the applicable procedures shall be done <br />by an immediate conference call among the parties and the arbitrator, and be heard and decided <br />within three (3) calendar days. Should the arbitrator hold that Article 11 applies, the parties may, <br />by mutual agreement, submit the issue to the same arbitrator pursuant to the provisions of Article <br />11, or, absent mutual agreement, commence processing the dispute at Step 1 of that Article. <br />3.6 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 <br />DocuSign Envelope ID: 64BB0189-33AC-48E9-B1D7-D912FB4998D8
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