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(c) At its sole option, terminate, delay and/or suspend any and all portions of the <br />covered work at any time; prohibit some or all work on certain days or during certain hours of <br />the day to accommodate the ongoing operations of the City's Facilities and/or to mitigate the <br />effect of ongoing Project Work on businesses and residents in the neighborhood of the Project <br />site; and/or require such other operational or schedule changes it deems necessary, in its sole <br />judgment, to effectively maintain its primary mission and remain a good neighbor to those in the <br />area of its facilities. (In order to permit the Contractors and Unions to make appropriate <br />scheduling plans, the City will provide the CWA Administrator, and the affected Contractor(s) <br />and Union(s) with reasonable notice of any changes it requires pursuant to this section; provided, <br />however, that if notice is not provided in time to advise employees not to report for work, show - <br />up pay shall be due pursuant to the provision of Article 6, Section 6.6); <br />(d) Approve any work methods, procedures and techniques used by Contractors <br />whether or not these methods, procedures or techniques are part of industry practices or customs; <br />and <br />(e) Investigate and process complaints, through the CWA Administrator, in the <br />matter set forth in Articles 7 and 10. <br />Section 9.3 Use of Materials There should be no limitations or restriction by Union upon <br />a Contractor's choice of materials or design, nor, regardless of source or location, upon the full <br />use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or <br />preassembled materials, tools or other labor saving devices, subject to the application of the State <br />Public Contracts and Labor Codes as required by law. The onsite installation or application of <br />such items shall be performed by the craft having jurisdiction over such work. <br />Section 9.4 Special Equipment, Warranties and Guaranties <br />9.4.1 It is recognized that certain equipment of a highly technical and specialized nature <br />may be installed at Project Work sites. The nature of the equipment, together with the <br />requirements for manufacturer's warranties, may dictate that it be prefabricated pre -piped and/or <br />pre -wired and that it be installed under the supervision and direction of the City's and/or <br />manufacturer's personnel. The Unions agree to install such equipment without incident. <br />9.4.2 The Parties recognize that the Contractor will initiate from time to time the use of <br />new technology, equipment, machinery, tools, and other labor -savings devices and methods of <br />performing Project Work. The Union agrees that they will not restrict the implementation of such <br />devices or work methods. The Unions will accept and will not refuse to handle, install or work <br />with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, <br />preassembled items, partially assembled items, or materials whatever their source of manufacture <br />or construction. <br />9.4.3 If any disagreement between the Contractor and the Unions concerning the <br />methods of implementation or installation of any equipment, or device or item, or method of <br />work, arises, or whether a particular part or pre -assembled item is a standardized or catalog part <br />Final Draft Community Workforce Agreement <br />6.22.17 22 City of Santa Ana <br />