Common use of Excluded Employees Clause in Contracts

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Work: A. Superintendents, supervisors (excluding general and forepersons specifically covered by a craft’s Schedule A), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York City, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program site while covered Program Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program site, except to the extent they are lawfully included in the bargaining unit of a Schedule A agreement; D. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx engaged in geophysical testing other than boring for core samples; G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; and H. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Work but which maintenance occurs after installation of such equipment or system and is not directly related to construction services.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Work: A. Superintendents, supervisors (excluding except field surveyors on construction contracts, general and forepersons specifically covered by a craft’s Schedule “A” agreement are included), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York City, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program project site while covered Program Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery machinery, or involved in deliveries to and from the Execution Copy 2015-2018 Program site, except to the extent they are lawfully included in the bargaining unit of a Schedule A “A” agreement; D. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work including installation, repair or maintenance unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx engaged in geophysical testing other than boring for core samples; G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; andfirms; H. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Work Work, but which maintenance occurs after installation of such equipment or system and is not directly related to construction services; and I. Employees who perform work classified as Minor Repairs, and routine service and/or maintenance work.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Project Work: A. Superintendents, supervisors (excluding general forepersons, forepersons, and forepersons field surveyors, specifically covered by a craft’s Schedule “A” collective bargaining agreement), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York CityNYSIF, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program Project site while covered Program Project Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program Project site, except to the extent they are lawfully included in the bargaining unit of a Schedule A “A” collective bargaining agreement; D. Employees of the Construction Manager (except that in the event the Agency Construction Manager engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx engaged in geophysical testing other than boring for core samples; G. F. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the AgencyConstruction Manager, or any of the AgencyConstruction Manager’s other professional consultants, and such laboratory, testing, inspection or surveying firm; and H. G. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Project Work but which maintenance occurs after installation of such equipment or system and is not directly related to construction services.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Work: A. Superintendents, supervisors (excluding except field surveyors on construction contracts, general and forepersons specifically covered by a craft’s Schedule “A” agreement are included), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York City, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program project site while covered Program Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery machinery, or involved in deliveries to and from the Execution Copy 2015-2018 Program site, except to the extent they are lawfully included in the bargaining unit of a Schedule A “A” agreement; D. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work including installation, repair or maintenance unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx engaged in geophysical testing other than boring for core samples; G. F. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; andfirms; H. G. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Work Work, but which maintenance occurs after installation of such equipment or system and is not directly related to construction services; and H. Employees who perform work classified as Minor Repairs, and routine service and/or maintenance work.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program work ancillary to Project Work: A. (a) Superintendents, supervisors (excluding general and forepersons specifically covered by a craft’s Schedule A), engineerssupervisors, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons;, unless such persons are specifically and explicitly covered by a craft’s Schedule “A” Agreement; for example, where general forepersons, forepersons and field surveyors are included in the bargaining unit under a particular collective bargaining agreement, they are covered by this PLA. B. Employees of the Agency, New York City, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program site while covered Program Work is underway; C. (b) Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program Project site, except to the extent they are lawfully included as may be provided for in the bargaining unit of a Schedule A agreement;“A” agreements. D. (c) Employees of the Construction Manager Owner. (d) Employees of any construction manager or construction administrator, except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on on- site construction labor will be covered by this Agreement);that comes within the scope of Project Work. E. (e) Employees engaged in on-site equipment warranty work work, unless employees are already working a current employee of a Contractor is on site and certified by the relevant manufacturer to make warranty repairs on the site and are certified to perform warranty work;Contractor’s equipment. X. Xxxxxxxxx (f) Employees engaged in geophysical testing other than boring for core samples;. G. (g) Employees engaged in laboratory, specialty environmental testing, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; and. H. (h) Employees engaged in on-site maintenance work, which is ancillary to Project Work and performed by third parties such as utility companies who shall install their work only to a certain demarcation point identified by the Owner at the commencement of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Work but which maintenance occurs after installation of such equipment or system and is not directly related to construction servicesthe Project. (i) Employees performing work excluded from this PLA in Article III. ARTICLE IV - UNION RECOGNITION AND

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Workwork on the Project: A. Superintendents, supervisors (excluding superintendents and general supervisors and forepersons specifically covered by a craft's Schedule A), engineers, inspectors and testers (excluding divers specifically covered by a craft’s Schedule A), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of Rowan University, the Agency, New York City, Authority or any other municipal or State agency, authority or entity, entity or employees of any county, municipality or other public employeremployer performing work within the scope of their ordinary employment, even though working on such as installation, programming and managing the Program site while covered Program Work is underwayinformation technology infrastructure and equipment for the new building; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery machinery, unless such offsite operations are covered by the New Jersey Prevailing Wage Act by being dedicated exclusively to the performance of the public works contract or building project and are adjacent to the site of work, or involved in deliveries to and from the Execution Copy 2015-2018 Program Project site, except to the extent they excepting local deliveries of all major construction materials including fill, ready mix, asphalt and Item 4 which are lawfully included in the bargaining unit of a Schedule A agreement;covered by this Agreement. D. It is recognized that specialized or unusual equipment may be installed on the Project and in such cases, the Union recognizes the right of the Contractor and the Owner to involve the equipment supplier or vendor’s personnel in supervising the setting of the equipment, making modifications and final alignment which may be necessary prior to and during the start-up process, in order to protect factory warranties. E. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction ManagerContractors, then excepting those employees of the Construction Manager performing manual, on on-site construction labor who will be covered by this Agreement); E. F. Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform warranty work;repairs. X. Xxxxxxxxx G. Employees engaged in geophysical testing (whether land or water) other than boring for core samples; G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; and H. Employees engaged in laboratory or specialty testing or inspections; I. Employees of the Construction Project Manager or any Consultant engaged by Owner, excepting those who are performing manual, on-site maintenance of installed equipment or systems which maintenance is awarded construction labor. J. Employees engaged in ancillary Project work performed by third parties such as part of a contract that includes Program Work but which maintenance occurs after installation of such equipment or system electric utilities, gas utilities, telephone utility companies, and is not directly related to construction servicesrailroads.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Work: A. Superintendents, supervisors (excluding except field surveyors on construction contracts, general and forepersons specifically covered by a craft’s Schedule “A” agreement are included), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York City, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program project site while covered Program Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery machinery, or involved in deliveries to and from the Execution Copy 2015-2018 Program site, except to the extent they are lawfully included in the bargaining unit of a Schedule A “A” agreement; D. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work including installation, repair or maintenance unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx engaged in geophysical testing other than boring for core samples; G. F. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; andfirms; H. G. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Work Work, but which maintenance occurs after installation of such equipment or system and is not directly related to construction services; and H. Employees who perform work classified as Minor Repairs, and routine service and/or maintenance work.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Work: A. a. Superintendents, supervisors (excluding general and forepersons specifically covered by a craft’s 's Schedule A), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/control/ assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. b. Employees of the AgencyAuthority, or of any New York City, City or any other municipal or State agency, authority or entityentity (including but not limited to employees of the New York City Department of Education), or employees of any other public employer, even though working on the Program site while covered Program Work is underway; C. c. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program site, except to the extent they are lawfully included in the bargaining unit of a Schedule A agreement; D. d. Employees of the Construction Project Manager (except that in the event the Agency Authority engages a Contractor contractor to serve as Construction Project Manager, then those employees of the Construction Project Manager performing manual, on site construction labor will be covered by this Agreement); E. e. Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx f. Employees engaged in geophysical testing other than boring for core samples; G. g. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the AgencyAuthority, or any of the Agency’s Authority's other professional consultants, and such laboratory, testing, inspection or surveying firm; and; H. h. Employees engaged in on-site maintenance of installed equipment or systems work which maintenance is awarded as part of a contract that includes ancillary to Program Work but which maintenance occurs after and performed by third parties such as electric utilities, gas utilities, telephone companies, and railroads. i. Employees engaged in technology installation of (except to the extent they are involved in construction services in connection with such equipment or system and is not directly related to construction servicesinstallation).

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Project Work: A. Superintendents, supervisors (excluding general forepersons, forepersons, and forepersons field surveyors, specifically covered by a craft’s 's Schedule "A" collective bargaining agreement), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York CityDepartment of Transportation, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program Project site while covered Program Project Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling hand I ing or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program Project site, except to the extent they are lawfully included in the bargaining unit of a Schedule A "A" collective bargaining agreement;; except local deliveries of all construction aggregate, material handling including fill, ready mix, asphalt, etc and the removal of construction debris, which shall be covered by this agreement. D. Employees of the Construction Manager Prime Contractor (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager Prime Contractor performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx F. Employees engaged in geophysical testing other than boring for core samples; G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the AgencyPrime Contractor , or any of the Agency’s Prime Contractor's other professional consultants, and such laboratory, testing, inspection or surveying firm; and H. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded awa1:ded as part of a contract that includes Program Project Work but which maintenance occurs after installation of such ofsuch equipment or system and is not directly related to construction services.

Excluded Employees. ‌ The following entities and persons are not subject to the provisions of this Agreement, even though performing Program Workwork on or in connection with the Project: A. a. Superintendents, supervisors (excluding general and forepersons specifically covered by a craft’s 's Schedule A), engineers, professional engineers and/or licensed architects engaged in inspection inspectors and testingtesters, quality control/control/ assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York City, b. The Authority or any other municipal or State agency, authority or entity, or employees of any municipality or other public employeremployer (and any of their employees), even though working on any operations contractor (or its employees), or any successor to it, employed by the Program site while covered Program Work is underwayAuthority; C. Employees c. With the exception of dedicated off-site work to which § 220 of New York’s Labor Law applies or delivery of aggregates as defined by § 220 of New York’s Labor Law (covered work) all entities (and entities their employees) engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project Project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program site of Project Work including concrete and/or redi- mix and, asphaltic materials, and waste materials ( including at the time of initial delivery the delivery to or from points designated by the Construction Manager within the site, except to the extent they are lawfully included in the bargaining unit of a Schedule A agreement); D. d. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing unless they perform manual, on on-site construction labor labor, in which case they (and the work they perform) will be covered by this Agreement); E. Employees engaged e. Furniture, fixtures (for this purpose, non-permanently affixed items) and/or equipment suppliers (and their employees) performing or assisting in on-site furniture, fixture, or equipment warranty work unless employees are already working on the installation and/or on-site and are certified to perform warranty work; X. Xxxxxxxxx f. Entities (and their employees) engaged in geophysical testing other than boring for core samplestesting; G. Employees g. Entities (and their employees) engaged in laboratory, specialty testing, or inspections, or surveying pursuant to a professional services agreement between the AgencyAuthority, the Construction Manager, or any of the AgencyAuthority’s other professional consultants, and such laboratory, testing, inspection or surveying firm; and H. Employees firm (individuals engaged in on-site maintenance of installed equipment or systems which maintenance is awarded surveying as part direct hires of a signatory contractor, rather than pursuant to a professional services contract that includes Program with the Authority, the Construction Manager, or any of the Authority’s other professional consultants, are covered by this Agreement); h. Third parties (and their employees) engaged in ancillary Project Work but which maintenance occurs after installation of performed by third parties such equipment or system as electric utilities, gas utilities, telephone companies, and is not directly related to construction services.railroads;

Excluded Employees. ‌ The following persons are not subject to the provisions Notwithstanding any other provision of this Agreement, even though performing Program Workincluding the provisions of any Appendix A Agreement, the following persons and items are specifically excluded from coverage by this Agreement: A. Superintendents(i) employees of the Owner and their consultants, including CA and the Owner's architects/engineers for the Project, superintendents, supervisors (excluding craft and general forepersons and forepersons field craft surveyors specifically covered by a craft’s Schedule AAppendix A Agreement), staff engineers, professional engineers and/or licensed architects engaged in inspection inspectors and testingtesters, quality control/assurance personnel, timekeepers, ; mail carriers, clerks, office workers, messengers, guards, technicianssecurity personnel, non-manual employees, emergency medical and all first aid technicians, and other professional, engineering, administrative and management personspersonnel, and all annual/on-call contracts administered by the Owner; B. Employees (ii) Independent engineers or technicians retained for equipment and machinery owned or operated by the Owner at the Project which is not being used to perform Covered Work; (iii) Independent engineers or technicians retained for laboratory or specialty testing or inspections not ordinarily done by a Signatory Union; (iv) non-construction technical support services contracted by the Owner or PLA Project Manager for the Project, not related to the construction or wiring of such technical components; (v) employees engaged in on-site equipment or material warranty work unless a current employee of a contractor is on site and certified by the Agency, New York City, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working relevant manufacturer to make warranty repairs on the Program site while covered Program Work is underway;equipment and the relevant manufacturer certified in writing that use of said employee will not adversely impact the warranty for said equipment or material; and C. Employees (vi) employees and entities engaged in off-site manufacture, modificationsmodification, repair, maintenance, assembly, painting, handling alteration or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program sitejob site of building equipment, materials or components except to the extent they such employees or entities are lawfully included in the bargaining unit of a Schedule A agreement; D. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on off site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx engaged in geophysical testing other than boring for core samples; G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; and H. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded recognized as part of the Covered Work under Section 1 of this Article. This Agreement shall not apply to the parents, affiliates, subsidiaries, joint enterprises or other joint or sole ventures of any Contractor or subcontractor which do not perform work at the Project, provided such other entities are not used as a contract that includes Program Work but which maintenance occurs after installation device or intermediary by such Contractor or subcontractor to avoid its obligations under this Agreement. This Agreement shall not be construed to create any joint employment status between or among the Owner, PLA Project Manager and any Contractor. This Agreement shall also not be construed to prohibit or restrict the Owner, or its employees, or an integral part of such equipment the Owner, from performing on or system and is off- site work not directly related to construction servicesforming a part of the Covered Work.

Excluded Employees. ‌ The following persons (excluding divers) are not subject to the provisions of this Agreement, even though performing Program Workwork on the Project: A. a. Superintendents, supervisors (excluding general and forepersons and Master Mechanics specifically covered by a craft’s Schedule A), engineers, professional engineers and/or licensed architects engaged in inspection inspectors and testingtesters, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineeringengineering (excluding field surveyors), administrative and management persons; B. b. Employees of the Agency, New York CityGovernmental Entities, or of any other municipal or State agency, authority or entity, entity or employees of any municipality or other public employer, even though working on the Program site while covered Program Work is underway; C. c. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program Project site, except to the extent they excepting local deliveries of all major construction materials including fill, ready mix, asphalt, granular materials and stored materials which are lawfully included in the bargaining unit of a Schedule A agreementcovered by this Agreement; D. d. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Project Manager, then excepting those employees of the Construction Manager performing manual, on on- site construction labor who will be covered by this Agreement); E. e. Employees engaged in on-site equipment warranty work unless employees are (when a Contractor has on site an employee already certified by the relevant manufacturer to make warranty repairs on that Contractor’s equipment, that employee shall be used; when a Contractor has on site an employee already qualified to make warranty repairs, although not certified by the equipment manufacturer to do so, that employee shall be used to make repairs working on under the site and are direction of a manufacturer certified warranty representative. Notwithstanding the foregoing, if a contractor, in order to perform satisfy the warranty workrequirements of a manufacturer, must utilize a person or entity designated by the manufacturer, it may do so without coverage under this Agreement); X. Xxxxxxxxx f. Employees engaged in geophysical testing (whether land or water) other than boring for core samples; G. g. Employees engaged in laboratory, laboratory or specialty testing, testing or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; and; H. h. Employees engaged in on-site maintenance work ancillary to the Project, performed by third parties. With respect to entities engaged in such work ancillary to the Project, the Construction Project Manager will nonetheless notify those entities of installed equipment or systems which maintenance is awarded as part this Project Labor Agreement and that they may participate under this Agreement, if they so choose. To the extent practicable, and within its control, the Governmental Entities will use their best efforts to coordinate ancillary work within the vicinity of a contract that includes Program Work but which maintenance occurs after installation of such equipment or system and is not directly related construction performed under this PLA to construction servicespromote labor harmony on the Project.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Project Work: A. Superintendents, supervisors (excluding general and forepersons specifically covered by a craft’s Schedule A)supervisors, engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons, provided, however, that general forepersons, forepersons and field surveyors covered by a craft’s Schedule A Agreement are included employees; B. Employees of the AgencyAuthority, State of New York City(“State”), or any other municipal or State agencyAuthority, authority agency or entity, or employees of any other public employer, even though working performing other work on the Program Project site while covered Program Project Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program Project site, except to the extent they are lawfully included in the bargaining unit of a Schedule A agreement; D. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work unless employees are already working on affiliated with the site and signatory unions are certified to perform warranty work; X. Xxxxxxxxx F. Employees engaged in geophysical testing other than boring for core samples; G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the AgencyAuthority or its Client, or any of the AgencyAuthority’s other professional consultants, and such laboratory, testing, inspection or surveying firm; and H. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Project Work but which maintenance occurs after installation of such equipment or system and is not directly related to construction services. I. Employees engaged in work which is ancillary to Project Work, including work performed pursuant to contracts with electric utilities, gas utilities, telephone companies, and railroads, except that it is understood these entities and their employees may only install their work to a pre-determined demarcation point, e.g., a telephone closet or utility vault, the location of which is determined prior to construction. Employees of such entities shall not be used to replace or displace employees, represented by the affiliated local unions on Project Work.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Work: A. Superintendents, supervisors (excluding general and forepersons specifically covered by a craft’s Schedule A), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York City, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program site while covered Program Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program site, except to the extent they are lawfully included in the bargaining unit of a Schedule A agreement; D. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx engaged in geophysical testing other than boring for core samples; G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; and H. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Work but which maintenance occurs after installation of such equipment or system and is not directly related to construction services.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Work: A. Superintendents, supervisors (excluding general and forepersons specifically covered by a craft’s Schedule A), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York City, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program site while covered Program Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program site, except to the extent they are lawfully included in the bargaining unit of a Schedule A agreement; D. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx engaged in geophysical testing other than boring for core samples; G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; and H. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Work but which maintenance occurs after installation of such equipment or system and is not directly related to construction services.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program On-Site Project Work: A. a) Superintendents, supervisors (excluding field engineers/supervisors, general and forepersons specifically covered by a craftLocal Union’s Schedule Acollective bargaining agreement), engineers, professional engineers and/or licensed architects engaged in inspection inspectors and testingtesters, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. b) Employees of the Agency, New York CityCounty, or of any other municipal or State agency, authority or entity, entity or employees of any municipality or other public employer, even though working on the Program site while covered Program Work is underway; C. c) Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program Project site, except to the extent they excepting local deliveries of all major construction materials including fill, ready mix concrete, asphalt and sub-base stone/gravel materials which are lawfully included in the bargaining unit of a Schedule A agreementcovered by this Agreement; D. d) Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction ManagerContractor, then other contractors or subcontractors excepting those employees of the Construction Manager performing manual, on on-site construction labor who will be covered by this Agreement); E. e) Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform maintenance/warranty work. When a Contractor has on site an employee already certified by the relevant manufacturer to make warranty repairs on that Contractor’s equipment, that employee shall be used; when a Contractor has on site an employee already qualified to make warranty repairs, although not certified by the equipment manufacturer to do so, that employee shall be used to make repairs working under the direction of a manufacturer certified warranty representative. Notwithstanding the foregoing, if a Contractor, in order to satisfy the warranty requirements of a manufacturer must utilize a person or entity designated by the manufacturer, it may do so without coverage under this Agreement; X. Xxxxxxxxx f) Employees engaged in laboratory or specialty testing or inspections whether on or off-site. g) Employees engaged in geophysical testing (whether land or water) other than boring for core samples; G. h) Employees engaged in laboratoryancillary Project work performed by third parties such as electric utilities, specialty testinggas utilities, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultantstelephone companies, and such laboratory, testing, inspection or surveying firm; and H. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Work but which maintenance occurs after installation of such equipment or system and is not directly related to construction servicesrailroads.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Project Work: A. Superintendents, supervisors (excluding general forepersons, forepersons, and forepersons field surveyors, specifically covered by a craft’s 's Schedule "A" collective bargaining agreement), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York CityDepartment of Transportation, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program Project site while covered Program Project Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Execution Copy 2015-2018 Program Project site, except to the extent they are lawfully included in the bargaining unit of a Schedule A "A" collective bargaining agreement; D. Employees of the Construction Manager Prime Contractor (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager Prime Contractor performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx F. Employees engaged in geophysical testing other than boring for core samples; G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the AgencyPrime Contractor, or any of the Agency’s Prime Contractor's other professional consultants, and such laboratory, testing, inspection or surveying firm; and H. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Project Work but which maintenance occurs after installation of such equipment or system and is not directly related to construction services.

Excluded Employees. ‌ The following persons are not subject to the provisions of this Agreement, even though performing Program Work: A. Superintendents, supervisors (excluding except field surveyors on construction contracts, general and forepersons specifically covered by a craft’s Schedule “A” agreement are included), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons; B. Employees of the Agency, New York City, or any other municipal or State agency, authority or entity, or employees of any other public employer, even though working on the Program project site while covered Program Work is underway; C. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery machinery, or involved in deliveries to and from the Execution Copy 2015-2018 Program site, except to the extent they are lawfully included in the bargaining unit of a Schedule A “A” agreement; D. Employees of the Construction Manager (except that in the event the Agency engages a Contractor to serve as Construction Manager, then those employees of the Construction Manager performing manual, on site construction labor will be covered by this Agreement); E. Employees engaged in on-site equipment warranty work unless employees are already working on the site and are certified to perform warranty work; X. Xxxxxxxxx engaged in geophysical testing other than boring for core samples; G. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the Agency, or any of the Agency’s other professional consultants, and such laboratory, testing, inspection or surveying firm; andfirms; H. Employees engaged in on-site maintenance of installed equipment or systems which maintenance is awarded as part of a contract that includes Program Work Work, but which maintenance occurs after installation of such equipment or system and is not directly related to construction services; and I. Employees who perform work classified as Minor Repairs, and routine service and/or maintenance work.