Bid Notice.pdf

PROJECT ID: ACEDCA215

THE CITY OF NEW YORK

DEPARTMENT OF DESIGN AND CONSTRUCTION

DIVISION OF PUBLIC BUILDINGS

30-30 THOMSON AVENUE

LONG ISLAND CITY, NEW YORK 11101-3045

TELEPHONE (718) 391-1000

WEBSITE www.nyc.gov/ddc

VOLUME 2 OF 3

PROJECT LABOR AGREEMENT

INFORMATION FOR BIDDERS

CONTRACT

PERFORMANCE AND PAYMENT BONDS

SCHEDULE OF PREVAILING WAGES

GENERAL CONDITIONS

FOR FURNISHING ALL LABOR AND MATERIALS

NECESSARY AND REQUIRED FOR THE PROJECT

LOCATION:

BOROUGH:

CITY OF NEW YORK

CONTRACT NO. 1

145 Brooklyn Ave Brooklyn, NY 11213

HVAC WORK

DCLA and DCAS

Breitner Ciaccia - Office of Architecture (BC-OA)

Date: June 18, 2026

Brooklyn Children's Museum HVAC Upgrade

2025 NYC Agency Citywide Renovation & New Construction PLA

NOTICE TO BIDDERS

This contract is subject to a new 2025 Project Labor Agreement

This contract is subject to the attached Project Labor Agreement (“PLA”) entered into between the City and the Building and Construction Trades Council of Greater New York (“BCTC”) affiliated Local Unions. By submitting a bid, the Contractor agrees that if awarded the Contract the PLA is binding on the Contractor and all subcontractors of all tiers.

The bidder to be awarded the contract will be required to execute a Letter of Assent prior to award. The Contractor shall include in any subcontract a requirement that the subcontractor, and sub-subcontractors of all tiers, become signatory to and bound to the PLA with respect to the subcontracted work. The Contractor will also be required to have all subcontractors of all tiers execute a Letter of Assent prior to such subcontractors performing any Program Work.

Bidders are advised that the City of New York and City agencies have entered into multiple PLAs. The terms of each PLA, while similar, are not identical. Please also note that there are revisions between the 2025 NYC Agency Citywide New Construction & Renovation PLA attached to this bid and the prior 2020 NYC Agency New Construction PLA, 2020 NYC Agency Renovation PLA, and 2021 DEP Renovation PLA.

All bidders are urged to review the entire 2025 NYC Agency Citywide New Construction & Renovation PLA prior to submitting a bid.

To the extent that the terms of the PLA conflict with any other terms of the invitation for bids, including the Standard Construction Contract, the terms of the PLA shall govern. For example, the PLA section that authorizes the scheduling of a four-day week, ten hours per day on straight time at the commencement of the job, PLA Article 12, Section 1(A), overrides the Standard Construction Contract’s provision concerning a

2025 NYC Agency Citywide New Construction & Renovation PLA five-day work week with a maximum of eight hours in a day, Standard Construction Contract Article 37.2.1. Where, however, the invitation for bids, including the Standard Construction Contract, requires the approval of the City/Department, the PLA does not supersede or eliminate that requirement.

This Contract is subject to the apprenticeship requirements of Labor Law § 222 and to apprenticeship requirements established by the Department pursuant to Labor Law § 816-b. Please be advised that the involved trades have apprenticeship programs that meet the statutory requirements of Labor Law § 222(e) and the requirements set by the Department pursuant to Labor Law § 816-b, and that Contractors and subcontractors who agree to perform the Work pursuant to the PLA are participating in such apprenticeship programs within the meaning of Labor Law § 222(e) and the Department’s directives.

This Contract is subject to Community Hiring Construction Careers and its requirements pursuant to Chapter 79 of the New York City Charter and the Community Hiring Rules adopted as Title 74 of the Rules of the City of New York. The Contractor shall agree to make best efforts to meet the Community Hiring Goal for at least 30% of cumulative labor hours of Program Work to be worked by Residence-Based Community Hires. At least 30% of such Residence-Based Community Hires labor hours are to be worked by apprentices.

If this Contract is subject to the Minority-Owned and Women-Owned Business Enterprise (“M/WBE”) program implemented pursuant to New York City Administrative Code § 6-129, the specific requirements of M/WBE participation for this Contract are set forth elsewhere in this bid package.

The local collective bargaining agreements (CBAs) that are incorporated into the PLA as PLA Schedule A Agreements are available from the Department’s Agency Chief Contract Officer upon the request of any prospective bidder.

Please note that the “PLA Schedule A” is distinct from the Department’s Schedule A that is a part of this invitation for bids.

2025 Agency Citywide New Construction & Renovation PLA

Frequently Asked Questions

1. Q. Does a Contractor need to be signatory with the unions in the NYC Building and Construction Trades Council (“BCTC”) in order to bid on projects under the PLA?

A. No, any contractor may bid by signing and agreeing to the terms of the PLA.

The contractor need not be signatory with these unions by any other labor agreement or for any other project.

2. Q. Does a Contractor agreeing to the PLA and signing the Letter of Assent create a labor agreement with these unions outside of the project covered by the PLA?

A. No, the PLA applies only to those projects that the Contractor agrees to perform under the PLA and makes no labor agreement beyond those projects. Contractors do not need to sign any additional agreements (e.g., a collective bargaining agreement) with a union aside from the Letter of Assent to work on a PLA project.

3. Q. Do the provisions of the PLA apply equally to subcontractors as well as contractors and how does the PLA affect the subcontractors that a bidder may utilize on the project?

A. Yes, the PLA applies to subcontractors and all subcontractors performing Program Work must agree to become party to the PLA. Subject to the Agency’s approval of subcontractors pursuant to Article 17 of the Standard Construction Contract, a Contractor may use any subcontractor, union or non-union, as long as the subcontractor signs the Letter of Assent. See PLA Article 2, Section 8.

4. Q. Are bidders required to submit Letters of Assent signed by proposed subcontractors with their bid in order to be found responsive?

A. No, bidders do not have to submit signed Letters of Assent from their subcontractors with their bid. However, subcontractors performing Program Work will be required to sign the Letter of Assent prior to being approved by the Agency.

5. Q. Does the PLA contain special provisions for MWBE or DBE subcontractors?

A. On contracts valued at $25,000,000 or more where participation goals are set forth in the contract, the PLA does not apply to up to 7% of the value of the construction work under the contract provided the construction work is performed by certified MWBE or DBE subcontractors and such MWBE or DBE subcontractor is not a signatory to any Schedule “A” agreement (“Exempt Work”).

Such Exempt Work shall be no more than $500,000 or 20% (whichever is greater) of the value of the subcontracts for work in any particular union’s jurisdiction under any prime contract. See PLA Article 3, Section 1.

6. Q. May a Contractor or subcontractor use any of its existing employees to perform this work?

A. Generally, labor will be referred to the Contractor from the respective signatory local unions. However, Contractors and subcontractors may use up to 12% of their existing, qualifying labor force for this work. Certified M/WBEs for which participation goals are set pursuant to NYC Administrative Code § 6-129 that are not signatory to any Schedule A collective bargaining agreements (“CBAs”) with subcontracts valued at or under two million dollars ($2,000,000) and where the first two or more workers are hired simultaneously, may request by name, and the Local Union will honor, referral of the first (1st), fourth (4th), sixth (6th), and eighth (8th) Core Employee. In any case where the first two or more employees are not hired simultaneously, the certified MWBEs or DBEs Core Employees may be the second (2nd), fourth (4th), sixth (6th), and eighth (8th) Core Employee. Any additional workers will be referred to the Contractor in accordance with the 12% referral requirements set forth in the PLA. See PLA Article 4, Section 2.

7. Q. Must the City set M/WBE participation goals for the particular project or contract in order for a certified M/WBE to utilize the provisions of PLA Article 4, Section 2(C)?

A. No. PLA Article 4, Section 2(C) specifies what categories of M/WBEs are eligible to take advantage of this provision (i.e., those M/WBEs for which the City is authorized to set participation goals under § 6-129). For purposes of Article 4, Section 2(C), it is not necessary for the project to be subject to § 6-129 or for the City to have actually set participation goals for the particular contract or project. The result is the same where a project receives State funding and therefore is subject to the requirements of Article 15-A of the Executive Law.

8. Q. May a Contractor bring in union members from locals that are not signatory unions?

A. Referrals will be from the respective signatory locals and/or locals listed in Schedule A of the PLA. Contractors may utilize ‘traveler provisions’ contained in the local CBAs where such provisions exist and/or in accordance with the provisions of PLA Article 4, Section 2.

9. Q. Does a non-union employee working under the PLA automatically become a union member?

A. No, the non-union employee does not automatically become a union member by working on a project covered by the PLA and nothing in the PLA requires employees to join a union or pay dues or fees to a union as a condition of working on the covered project. This Agreement is not, however, intended to supersede independent requirements in applicable local union agreements as to contractors that are otherwise signatory to those agreements and as to employees of such employers performing covered work. Non-union employees will be enrolled in the appropriate benefit plans and earn credit toward various union benefit programs except in certain circumstances as set forth in the PLA. See PLA Article 4, Section 6 and Article 11.

10. Q. Are all Contractors and subcontractors working under the PLA, including non-union Contractors and Contractors signatory to CBAs with locals other than those that are signatories to the PLA, required to make contributions to designated employee benefit funds?

A. Except in certain circumstances, as described in the following paragraph, Contractors and subcontractors working under the PLA will be required to contribute on behalf of all employees covered by the PLA to established jointly trusteed employee benefit funds designated in the Schedule A CBAs and required to be paid on public works under any applicable prevailing wage law. The Agency may withhold from amounts due the Contractor any amounts required to be paid, but not actually paid into any such fund by the Contractor or a subcontractor. See PLA Article 11, Section 2.

Non-union Contractors with bona fide private benefit plans that satisfy the requirements of Labor Law 220 will not be required to pay into union benefit funds for their employees working pursuant to Article 4, Section 2 (B) and (C) (“Core Employees”) who are already covered under their bona fide private benefit plans. Supplemental benefit funds in excess of the annualized value of the private benefit plans will be paid directly to workers as additional wages in compliance with Labor Law § 220. At the time of contract award, the Contractor shall make available to the contracting Agency a complete set of plan documents for each private benefit plan into which contributions will be made and/or coverage provided. The Contractor shall also provide certification from a certified public accountant as to the annualized hourly value of such benefits consistent with the requirements of Labor Law § 220. See PLA Article 11, Section 2.

11. Q. When do Core Employees become eligible for union benefits?

A. Union benefit plans have their own plan documents that determine eligibility, and workers will become eligible for certain benefits at different points in time.

Contractors who will have Core Employees should speak with the respective union(s) as to benefit eligibility thresholds. Employees that may remain unaffiliated with any local union at the completion of their employment may apply for any distributions to which they may be entitled from the funds in accordance with the applicable rules and governing documents of the unions and the employee benefit funds.

12. Q. What happens if a Contractor or subcontractor fails to make a required payment to a designated employee benefit fund?

A. The PLA sets forth a process for unions to address a Contractor or a subcontractor’s failure to make required payments. The process includes potentially the direct payment by the City to the benefit fund of monies owed and the corresponding withholding of payments to the Contractor. See PLA Article 11, Section 2.

Upon notification by a union or fringe benefit fund that a Contractor is delinquent in its payment of benefits and a determination by the Agency that the union or fund has submitted appropriate documentation of such delinquency, the Agency will thereafter require the Contractor to submit cancelled checks or other equivalent proof of payment of benefit contributions with certified payroll reports for work covered by this PLA on which the Contractor is engaged.

The City strongly advises Contractors to read these provisions carefully and to include appropriate provisions in subcontracts addressing these possibilities.

13. Q. Does signing on to the PLA satisfy the Apprenticeship Directive Requirements established for this bid?

A. Yes. By agreeing to perform the Work subject to the PLA, the bidder demonstrates compliance with the apprenticeship requirements imposed by this Invitation for Bids.

14. Q. Who decides on the number of workers needed?

A. Except as expressly limited by a specific provision of the PLA, a Contractor retains full and exclusive authority for the management of their operations, including the determination as to the number of employees to be hired and the qualifications therefore and the promotion, transfer, and layoff of its employees. See PLA Article 6, Section 1.

15. Q. What happens if a union does not provide a worker within 48 hours from the request (Saturdays, Sundays, and holidays excepted)?

A. In the event that a Local Union does not fill any request for qualified employees within a 48-hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source.

16. Q. May a Contractor discharge a union referral for lack of productivity?

A. Except as expressly limited by a specific provision of the PLA, a Contractor retains full and exclusive authority for the management of their operations, including the right to discipline or discharge for just cause its employees. See PLA Article 6, Section 1.

17. Q. May a contractor assign a management person to site?

A. Yes. Managers are not subject to the provisions of the PLA, so there is no restriction on management and/or other non-trade personnel, as long as such personnel do not perform trade functions. See Article 3, Section 3.

18. Q. What type of work can Stewards perform?

A. All Stewards must be working Stewards (i.e., they must be performing Program Work). In addition, Stewards may perform other tasks such as receiving complaints or grievances from other employees of the Steward’s trade. Stewards may not determine when overtime is worked. Stewards are entitled to the same wages as other employees of that trade. See PLA Article 5, Sections 2 and 3.

19. Q. Can a Contractor utilize apprentices?

A. Contractors are permitted to utilize apprentices so long as the ratios between journeyperson and apprentice do not exceed the allowable ratios set by the New York State Department of Labor (“NYSDOL”). Should a Contractor request that apprentices be provided for Program Work, the referring Local Union shall comply with that request so long as it is consistent with the maximum ratios permitted by NYSDOL.

20. Q. What is Community Hiring Construction Careers?

A. As authorized under Section 3502 of the New York City Charter, Community Hiring Construction Careers is an initiative (superseding HireNYC Construction Careers) to advance career opportunities within the construction industry for those from economically disadvantaged communities. The initiative has a target goal of 30% of all hours worked on PLA projects to be performed by workers who reside in NYCHA housing or ZIP codes where 15% or more of the population lives below the poverty threshold, also know as “Residence-Based Community Hires.” When a Contractor requests employees, the trades will take into account the target goals when they refer additional workers. To further encourage recruitment of new workers, Community Hiring Construction Careers has a goal that at least 30% of those hours are to be performed by apprentices who are Residence-Based Community Hires.

21. Q. Does the PLA provide a standard workday across all the signatory trades?

A. Yes, all signatory trades will work an eight (8) hour day, Monday through Friday with a day shift at straight time as the standard work week. For renovation and rehabilitation projects only, the PLA also permits a Contractor to schedule a four-day (within Monday through Friday) work week, ten (10) hours per day at straight time if announced at the commencement of the job. See PLA Article 12, Section 1. This is an example where the terms of the PLA override provisions of the Standard Construction Contract (compare with section 37.2 of the Standard Construction Contract). For renovation and rehabilitation projects only, the standard work week may be reduced to 35 or 37 ½ hours of work in those limited circumstances where the City states in the bid documents that the Contractor will not be given access to the site to accommodate an 8-hour day. The 8 hour, 7 ½ hour or 7-hour workday must be established at the commencement of the renovation and rehabilitation project by the Agency and may not be altered by the Contractor.

22. Q. Does the PLA create a common holiday schedule for all the signatory trades?

A. Yes, the PLA recognizes nine common holidays. See PLA Article 12, Section 4.

23. Q. Are workers entitled to holiday pay if they do not work on the holiday?

A. No. Workers are only entitled to pay if they work on the holiday. See PLA Article 12, Section 4.

24. Q. Does the PLA provide for a standard policy for ‘shift work’ across all signatory trades?

A. Yes, for second and third shift work on work performed Monday – Friday on renovation and rehabilitation projects, there shall be a 5% shift premium, or the rate required by applicable prevailing wage laws, whichever is less. For second shift work on work performed Monday – Friday on new construction projects, there shall be a 10% shift premium, or the rate required by applicable prevailing wage laws, whichever is less. For third shift work on work performed Monday – Friday on new construction projects, there shall be a 15% shift premium, or the rate required by applicable prevailing wage laws, whichever is less. No other premium or other payments for such work shall be required unless such work is in excess of the employee’s regularly scheduled work week. See PLA Article 12, Section 3.

25. Q. May the Contractor schedule overtime work, including work on a weekend?

A. Yes, the PLA permits the Contractor to schedule overtime work, including work on weekends. See PLA Article 12, Sections 2, 3, and 5. To the extent that the Agency’s approval is required before a Contractor may schedule or be paid for overtime, that approval is still required notwithstanding the PLA language.

26. Q. Are overtime payments affected by the PLA?

A. Yes, all overtime pay incurred Monday through Saturday will be at time and one half (1 ½). There will be no stacking or pyramiding of overtime pay under any circumstances. See PLA Article 12, Section 2. Sunday and holiday overtime will be paid according to each trade’s CBA.

27. Q. Are there special provisions for Saturday work when a day is ‘lost’ during the week due to weather, power failure or other emergency?

A. Yes, when this occurs the Contractor may schedule Saturday work at weekday rates. See PLA Article 12, Section 5.

28. Q. Does the PLA contain special provisions for the staffing of temporary services?

A. Yes. Where temporary services are required by specific request of the Agency or construction manager, they shall be provided by the Contractor’s existing employees during working hours in which a shift is scheduled for employees of the Contractor. The need for temporary services during non-working hours will be determined by the Agency or construction manager. There will be no stacking of trades on temporary services. See PLA Article 15.

29. Q. What do the workers get paid when work is terminated early in a day due to inclement weather or otherwise cut short of 8 hours?

A. The PLA provides that employees who report to work pursuant to regular schedule and not given work will be paid two hours of straight time. Work terminated early for severe weather or emergency conditions will be paid only for time actually worked. In other instances where work is terminated early, the worker will be paid for a full shift. See PLA Article 12, Sections 6 and 8. The usual reporting pay requirement of two hours for employees who report to their work location pursuant to their regular schedule does not apply when the National Weather Service issues a Weather Advisory and the Contractor speaks to the employee at least four hours before their shift starting time. See PLA Article 12, Section 6.

30. Q. Should a local collective bargaining agreement of a signatory union expire during the project will a work stoppage occur on a project subject to the PLA?

A. No. All the signatory unions are bound by the ‘no strike’ agreement as to the PLA work. Work will continue under the PLA and the otherwise expired local CBA(s) until the new local CBA(s) are negotiated and in effect. See PLA Articles 7 and 19.

31. Q. May a Contractor working under the PLA be subject to a strike or other boycott activity by a signatory union at another site while the Contractor is a signatory to the

PLA?

A. Yes. The PLA applies ONLY to work under the PLA and does not regulate labor relations at other sites even if those sites are in close proximity to PLA work.

32. Q. If a Contractor has worked under other PLAs in the New York City area, are the provisions in this PLA generally the same as the others?

A. While PLAs often look similar to each other, and particular clauses are often used in multiple agreements, each PLA is a unique document and should be examined accordingly.

33. Q. What happens if a dispute occurs between the Contractor and an employee during the project?

A. The PLA contains a grievance and arbitration process to resolve disputes between the Contractor and the employees. See PLA Article 9.

34. Q. What happens if there is a dispute between locals as to which local gets to provide employees for a particular project or a particular aspect of a project?

A. The PLA provides for jurisdictional disputes to be resolved in accordance with the NY Plan. A copy of the NY Plan is available upon request from the Agency. The PLA provides that work is not to be disrupted or interrupted pending the resolution of any jurisdictional dispute. The work proceeds as assigned by the Contractor until the dispute is resolved. See PLA Article 10.

35. Q. How do the referral rules work for Operating Engineers Locals 14 and 15?

A. If there is Program Work within the jurisdiction of Operating Engineers Locals 14 or 15, the contractor shall request labor from the appropriate local union. If the locals provide labor consistent with the referral provisions outlined in Article 4, Section 2, the terms of the Local 14 CBA or Local 15 CBA will apply to that work. However, if the locals do not provide labor for that work, the terms of the PLA will apply to such work.

2025 NYC AGENCY CITYWIDE NEW CONSTRUCTION & RENOVATION PLA

Execution Copy 9.26.25

PROJECT LABOR AGREEMENT

COVERING SPECIFIED NEW CONSTRUCTION,

RENOVATION & REHABILITATION

OF NEW YORK CITY OWNED BUILDINGS AND STRUCTURES

2025 – 2028 i Execution Copy 9.26.25

TABLE OF CONTENTS

ARTICLE 1 - PREAMBLE

SECTION 1. PARTIES TO THE AGREEMENT

ARTICLE 2 - GENERAL CONDITIONS

SECTION 1. DEFINITIONS

SECTION 2. CONDITIONS FOR AGREEMENT TO BECOME

EFFECTIVE

SECTION 3. ENTITIES BOUND & ADMINISTRATION OF

AGREEMENT

SECTION 4. SUPREMACY CLAUSE

SECTION 5. LIABILITY

SECTION 6. THE AGENCY

SECTION 7. AVAILABILITY AND APPLICABILITY TO ALL

SUCCESSFUL BIDDERS

SECTION 8. SUBCONTRACTING

ARTICLE 3 - SCOPE OF THE AGREEMENT

SECTION 1. WORK COVERED

SECTION 2. TIME LIMITATIONS

SECTION 3. EXCLUDED EMPLOYEES

SECTION 4. NON-APPLICATION TO CERTAIN ENTITIES

ARTICLE 4 - UNION RECOGNITION AND EMPLOYMENT

SECTION 1. PRE-HIRE RECOGNITION

SECTION 2. UNION REFERRAL

SECTION 3. NON-DISCRIMINATION IN REFERRALS

SECTION 4. MINORITY, FEMALE, LOCAL AND SECTION 3

REFERRALS

SECTION 5. CROSS AND QUALIFIED REFERRALS

SECTION 6. CRAFT FOREPERSONS AND GENERAL FOREPERSONS

SECTION 7. ON CALL REPAIR REFERRALS

ARTICLE 5 - UNION REPRESENTATION

SECTION 1. LOCAL UNION REPRESENTATIVE

SECTION 2. STEWARDS

ii Execution Copy 9.26.25

SECTION 3. LAYOFF OF A STEWARD

ARTICLE 6 - MANAGEMENT’S RIGHTS

SECTION 1. RESERVATION OF RIGHTS

SECTION 2. MATERIALS, METHODS & EQUIPMENT

ARTICLE 7 - WORK STOPPAGES AND LOCKOUTS

SECTION 1. NO STRIKES-NO LOCK OUT

SECTION 2. DISCHARGE FOR VIOLATION

SECTION 3. NOTIFICATION

SECTION 4. EXPEDITED ARBITRATION

SECTION 5. ARBITRATION OF DISCHARGES FOR VIOLATION

ARTICLE 8 - LABOR MANAGEMENT COMMITTEE

SECTION 1. SUBJECTS

SECTION 2. COMPOSITION

ARTICLE 9 - GRIEVANCE & ARBITRATION PROCEDURE

SECTION 1. PROCEDURE FOR RESOLUTION OF GRIEVANCES

SECTION 2. LIMITATION AS TO RETROACTIVITY

SECTION 3. PARTICIPATION BY AGENCY AND/OR CONSTRUCTION

MANAGER

ARTICLE 10 - JURISDICTIONAL DISPUTES

SECTION 1. NO DISRUPTIONS

SECTION 2. ASSIGNMENT

SECTION 3. NO INTERFERENCE WITH WORK

ARTICLE 11 - WAGES AND BENEFITS

SECTION 1. CLASSIFICATION AND BASE HOURLY RATE

SECTION 2. EMPLOYEE BENEFITS

ARTICLE 12 - HOURS OF WORK, PREMIUM PAYMENTS, SHIFTS

AND HOLIDAYS

SECTION 1. WORK WEEK AND WORKDAY

SECTION 2. OVERTIME

SECTION 3. SHIFTS

SECTION 4. HOLIDAYS

SECTION 5. MAKE-UP DAYS

SECTION 6. REPORTING PAY

iii Execution Copy 9.26.25

SECTION 7. PAYMENT OF WAGES

SECTION 8. EMERGENCY WORK SUSPENSION

SECTION 9. INJURY/DISABILITY

SECTION 10. TIME KEEPING

SECTION 11. MEAL PERIOD

SECTION 12. BREAK PERIODS

ARTICLE 13 - APPRENTICES AND WORKFORCE DEVELOPMENT

SECTION 1. APPRENTICE RATIOS AND REFERRALS

SECTION 2. WORKFORCE DEVELOPMENT

ARTICLE 14 - SAFETY PROTECTION OF PERSON AND PROPERTY

SECTION 1. SAFETY REQUIREMENTS

SECTION 2. CONTRACTOR RULES

SECTION 3. INSPECTIONS

ARTICLE 15 - TEMPORARY SERVICES

SECTION 1

ARTICLE 16 - NO DISCRIMINATION

SECTION 1. COOPERATIVE EFFORTS

SECTION 2. LANGUAGE OF AGREEMENT

ARTICLE 17 - GENERAL TERMS

SECTION 1. PROJECT RULES

SECTION 2. TOOLS OF THE TRADE

SECTION 3. SUPERVISION

SECTION 4. TRAVEL ALLOWANCES

SECTION 5. FULL WORKDAY

SECTION 6. COOPERATION AND WAIVER

ARTICLE 18 - SAVINGS AND SEPARABILITY

SECTION 1. THIS AGREEMENT

SECTION 2. THE BID SPECIFICATIONS

SECTION 3. NON-LIABILITY

SECTION 4. NON-WAIVER

ARTICLE 19 - FUTURE CHANGES IN SCHEDULE “A” AREA

CONTRACTS

SECTION 1. CHANGES TO AREA CONTRACTS

iv Execution Copy 9.26.25

SECTION 2. LABOR DISPUTES DURING AREA CONTRACT

NEGOTIATIONS

ARTICLE 20 - WORKERS’ COMPENSATION ADR

SECTION 1

ARTICLE 21 - HELMETS TO HARDHATS

SECTION 1

SECTION 2

SIGNATURE PAGES FOR THE LOCAL UNIONS:

SCHEDULE “A” - CBAs Exhibit A Exhibit B Exhibit “C” – Community Hiring Construction Careers EXHIBIT “D” – Centrifuge Division of Labor Document

SCHEDULE “B” - DRUG AND ALCOHOL POLICY

PROJECT LABOR AGREEMENT COVERING SPECIFIED NEW CONSTRUCTION,

RENOVATION & REHABILITATION OF NEW YORK CITY OWNED

BUILDINGS & STRUCTURES

ARTICLE 1 - PREAMBLE

WHEREAS, the City of New York desires to provide for the cost efficient, safe, quality, and timely completion of certain new construction, rehabilitation and renovation work (“Program

Work,” as defined in Article 3) in a manner designed to afford the lowest costs to the Agencies covered by this Agreement, and the public it represents, and the advancement of permissible statutory objectives;

WHEREAS, this Project Labor Agreement will foster the achievement of these goals, inter alia, by:

(1) providing a mechanism for responding to the unique construction needs associated with this Program Work and achieving the most cost-effective means of construction, including direct labor cost savings, by the Building and Construction Trades Council of Greater New York and Vicinity and the signatory Local Unions and their members waiving various shift and other hourly premiums and other work and pay practices which would otherwise apply to Program Work;

(2) expediting the construction process and otherwise minimizing the disruption to the covered Agencies’ ongoing operations at the facilities that are the subject of the Agreement;

(3) avoiding the costly delays of potential strikes, slowdowns, walkouts, picketing and other disruptions arising from work disputes, reducing jobsite friction on common situs worksites, and promoting labor harmony and peace for the duration of the Program Work;

(4) standardizing the terms and conditions governing the employment of labor on Program Work;

(5) permitting wide flexibility in work scheduling and shift hours and times to allow maximum work to be done during off hours yet at affordable pay rates;

(6) permitting adjustments to work rules and staffing requirements from those which otherwise might obtain;

(7) providing comprehensive and standardized mechanisms for the settlement of work disputes, including those relating to jurisdiction;

(8) fostering increased participation by Minority and Women-owned Business Enterprises (“MWBEs”) and/or Disadvantaged Business Enterprises (“DBEs”);

(9) encouraging the development of pathways to construction careers through Community Hiring;

(10) ensuring a reliable source of skilled and experienced labor; and

(11) securing applicable New York State Labor Law exemptions.

WHEREAS, the Building and Construction Trades Council of Greater New York and

Vicinity, its participating affiliated Local Unions and their members, desire to assist the City in meeting these operational needs and objectives as well as to provide for stability, security and work opportunities which are afforded by this Project Labor Agreement; and

WHEREAS, the Parties desire to maximize Program Work safety conditions for both workers and the community in the project area.

NOW, THEREFORE, the Parties enter into this Agreement:

SECTION 1. PARTIES TO THE AGREEMENT

This is a Project Labor Agreement (“Agreement”) entered into by the City of New York

(“City”), acting by and through the Agencies covered herein, including in their capacity as construction manager of covered projects and/or on behalf of any third party construction manager which may be utilized, and the Building and Construction Trades Council of Greater New York and Vicinity (“Council” or “BCTC”) (on behalf of itself) and the signatory affiliated Local Unions

(“Unions” or “Local Unions”). The Council and each signatory Local Union hereby warrant and represent that it has been duly authorized to enter into this Agreement.

ARTICLE 2 - GENERAL CONDITIONS

SECTION 1. DEFINITIONS

A. The term “Agency” means each of the following New York City agencies, individually or collectively as applicable: the Department for the Aging (“DFTA”), Administration for Children’s Services (“ACS”), Department of Citywide Administrative Services (“DCAS”), Department of Correction (“DOC”), Department of Design and Construction (“DDC”), Fire

Department (“FDNY”), Department of Homeless Services (“DHS”), Human Resources

Administration (“HRA”), Department of Health and Mental Hygiene (“DOHMH”), Department of Parks and Recreation (“DPR”), Police Department (“NYPD”), Department of Sanitation

(“DSNY”); Department of Transportation (“DOT”), Department of Buildings (“DOB”), and

Department of Environmental Protection (“DEP”); with respect to Program Work as defined in

Article 3, the New York City agency that awards a particular contract subject to this Agreement may be referred to hereafter as the “Agency”;

B. The term “Agreement” means this project labor agreement (“PLA”), the applicable

Collective Bargaining Agreements (each a “CBA”) identified in Schedule “A”, and each Exhibit hereto;

C. The term “BCTC” refers to the Building and Construction Trades Council of

Greater New York and Vicinity. The terms “BCTC” and “Council” are used interchangeably;

D. The term “City” refers to the City of New York;

E. The term “Community Hiring Construction Careers” refers to the PLA initiative to advance career opportunities for Residence-Based Community Hires;

F. The term “Contractor(s)” shall include any Construction Manager, General

Contractor and all other contractors, and subcontractors of all tiers engaged in Program Work within the scope of this Agreement as defined in Article 3;

G. The term “Core Employee” means an employee that has been on a contractor’s payroll consistent with Article 4, Section 2(B) and (C);

H. The term “DBEs” means Disadvantaged Business Enterprises as defined in 49

C.F.R. Part 26;

I. The term “Economically Disadvantaged Region” means an area, represented by its five-digit ZIP code, in which at least fifteen percent of residents have household incomes below the federal poverty threshold;

J. The term “Minor Repair” means routine repair, service, or maintenance that is recurrent, day to day, periodic scheduled or routine work required to preserve or restore a building, facility or system to working order. Such work shall qualify as “Minor Repair” if; i) a wage and benefit rate applicable to the work is listed on the New York City Comptroller's (“NYC

Comptroller”) prevailing wage schedule as repair work and is lower than the Schedule A rate; and

ii) the work satisfies the definition and criteria established by the NYC Comptroller for application of that lower rate for the work being performed.

K. The term “MWBEs” means Minority and Women Owned Business Enterprises as the entities are defined in NYC Charter 1304;

L. The term “Program Work” is the work covered by this Agreement as defined in

Article 3;

M. The term “Residence-Based Community Hire” means an individual who is: (1) a resident of an address within an Economically Disadvantaged Region; (2) a resident of a building that is: (i) owned or operated by the New York City Housing Authority; and (ii) subject to section nine of the United States Housing Act of nineteen hundred thirty-seven, as amended; or (3) a resident of a dwelling unit that is: (i) subject to a regulatory agreement with a federal, state or local government agency requiring that occupancy of such unit be restricted based on the income of the occupants; and (ii) located in a building that was previously operated by the New York City

Housing Authority, was previously subject to section nine of the United States Housing Act of nineteen hundred thirty-seven, as amended, and is subject to section eight of such act; and

N. The term “Union(s)” or “Local Union(s)” refers to the various participating unions affiliated with the BCTC, singularly and collectively.

SECTION 2. CONDITIONS FOR AGREEMENT TO BECOME EFFECTIVE

This Agreement shall not become effective unless each of the following conditions are met:

the Agreement is executed by (1) the Council, on behalf of itself, (2) the participating affiliated

Local Unions; and (3) the mayor of the City of New York or their designee.

SECTION 3. ENTITIES BOUND & ADMINISTRATION OF AGREEMENT

This Agreement shall be binding on all participating Unions and their affiliates, the

Construction Manager (in its capacity as such) and all Contractors of all tiers performing Program

Work, as defined in Article 3. The Contractors shall include in any subcontract that they let for performance during the term of this Agreement a requirement that their subcontractors, of all tiers, become signatory and bound by this Agreement with respect to that subcontracted work falling within the scope of Article 3 and all Contractors (including subcontractors) performing Program

Work shall be required to sign a “Letter of Assent” in the form annexed hereto as Exhibit “A”.

This Agreement shall be administered by the applicable Agency or a Construction Manager or such other designee as may be named by the Agency or Construction Manager, on behalf of all

Contractors. When the Agency manages Program Work without a Construction Manager, unless otherwise provided, it has the rights and obligations of a Construction Manager in addition to the rights and obligations of an Agency, if applicable. The City shall provide BCTC with the contact information of the Agency Chief Contracting Officer for each Agency and BCTC shall provide the

City with the contact information of a representative for each Local Union.

SECTION 4. SUPREMACY CLAUSE

This Agreement, together with the local Collective Bargaining Agreements (each a “CBA”) appended hereto as Schedule “A”, represents the complete understanding of all signatories and supersedes any national agreement, local agreement or other CBA of any type which would otherwise apply to this Program Work, in whole or in part, except: 1) to the extent applicable, work performed that may fall under the NTL Articles of Agreement, the National Stack/Chimney

Agreement, the National Cooling Tower Agreement, all instrument calibration work and loop checking which shall be performed under the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, and the National Agreement of the International Union of

Elevator Constructors, with the exception of Article 2, Section 7, and Articles 7, 9 and 10 of this

Agreement, which shall apply to such work; and 2) Program Work which falls within the jurisdiction of the Operating Engineers Locals 14 and 15. If Program Work falling within the jurisdiction of Operating Engineers Locals 14 and 15 is accepted by and performed by said locals, only then will such work be performed under the terms and conditions set out in the Schedule “A” agreements of Operating Engineers Locals 14 and 15. The CBAs of the affiliated local unions that cover the particular type of construction work to be performed by the contractor, and as set forth in the Schedule “A” list of agreements, shall be deemed the Schedule “A” Collective Bargaining

Agreements (“Schedule ‘A’ CBA”) under this Agreement. Where association and independent

CBAs for a particular type of construction work are both set forth in Schedule “A”, association members shall treat the applicable association agreement as the Schedule “A” CBA and independent contractors shall treat the applicable independent agreement as the Schedule “A”

CBA. Subject to the foregoing, where a subject covered by the provisions of this project labor agreement is also covered by a Schedule “A” CBA, the provisions of this project labor agreement shall prevail. It is further understood that no Contractor shall be required to sign any other agreement as a condition of performing Program Work. No practice, understanding or agreement between a Contractor and a Local Union which is not set forth in this Agreement shall be binding with respect to Program Work unless endorsed in writing by the Construction Manager or such other designee as may be designated by the Agency. Nothing in this Agreement requires employees to join a union or pay dues or fees to a union as a condition of working on the Program

Work. This Agreement is not, however, intended to supersede independent requirements in applicable local union agreements as to contractors that are otherwise signatory to those agreements and as to employees of such employers performing Program Work.

SECTION 5. LIABILITY

The liability of any Contractor and the liability of any Union under this Agreement shall be several and not joint. The Construction Manager and any Contractor shall not be liable for any violations of this Agreement by any other Contractor; and the Council and Local Unions shall not be liable for any violations of this Agreement by any other Union.

SECTION 6. THE AGENCY

The Agency (or Construction Manager where applicable) shall require in its bid specifications for all Program Work within the scope of Article 3 that all successful bidders, and their subcontractors of all tiers, become bound by, and signatory to, this Agreement. The Agency

(or Construction Manager) shall not be liable for any violation of this Agreement by any

Contractor. It is understood that nothing in this Agreement shall be construed as limiting the sole discretion of the Agency or Construction Manager in determining which Contractors shall be awarded contracts for Program Work. It is further understood that the Agency or Construction

Manager has sole discretion at any time to terminate, delay or suspend the Program Work, in whole or part, on any project.

SECTION 7. AVAILABILITY AND APPLICABILITY

TO ALL SUCCESSFUL BIDDERS

The Unions agree that this Agreement will be made available to, and will fully apply to, any successful bidder for (or subcontractor of) Program Work who becomes signatory thereto, without regard to whether that successful bidder (or subcontractor) performs work at other sites on either a union or non-union basis and without regard to whether employees of such successful bidder (or subcontractor) are, or are not, members of any unions. This Agreement shall not apply to the work of any Contractor which is performed at any location other than the site of Program

Work.

SECTION 8. SUBCONTRACTING

Contractors will subcontract Program Work only to a person, firm or corporation who is or agrees to become party to this Agreement.

ARTICLE 3 - SCOPE OF THE AGREEMENT

SECTION 1. WORK COVERED

A. Program Work shall be limited to designated new construction, rehabilitation and renovation construction contracts bid and let by an Agency (or its Construction Manager where applicable) after the effective date of this Agreement with respect to new construction, rehabilitation and renovation work performed for an Agency on City-owned property under contracts advertised for public solicitation prior to December 31, 2028. Subject to the foregoing, and the exclusions below, such Program Work shall mean:

1. For Renovation and Rehabilitation Projects: any and all contracts that predominantly involve the demolition, reconstruction, renovation, alteration, repair, rehabilitation or expansion of an existing City-owned building, pier, marina, or structure within the five boroughs of the City. Examples of Program Work include, but are not limited to, the renovation, repair, alteration and rehabilitation of an existing temporary or permanent structure, or an expansion of above ground structures located in the City on a City-owned building, Wastewater Resource

Recovery Facility, a water filtration plant, or a pumping station. Program Work shall also include job order contracts (“JOCS”), demolition work, painting services. Low voltage work, site work, elevator work, mold, asbestos and lead abatement, carpentry services, and carpet removal and installation shall be included as Program Work only when incidental to such building renovation and/or rehabilitation of City-owned buildings or structures and included in a contract that predominantly involves such renovation and/or rehabilitation. Program Work shall also include the installing and removing of centrifuges on City-owned property, but not any other work under such contracts, in connection with contracts that involve the maintenance or repair of centrifuges, in accordance with Exhibit “D”. Program Work shall also include contracts bid and let by the DEP for the rehabilitation and upgrade of wells and well stations located in Southeast Queens as part of the Queens Groundwater Project, including the renovation and rehabilitation of buildings and other above or below-ground structures, the installation of equipment, piping and drainage structures including subsurface installations, the installation of water treatment system elements, control systems, plumbing, electrical, HVAC and site and road work required for the construction, operation or maintenance of the wells and other related facilities.

2. For New Construction Projects: new construction, including a construction of an entirely new park exceeding $10,000,000 if the Project also involves construction of a new above-ground building such as a restroom, field house, garage or maintenance facility, for which an addendum has been approved by an agency of the City of New York and by the BCTC on behalf of itself and its affiliated Local Unions. Each Project-specific addendum is to outline a description of the project being undertaken, the project’s location, and the general findings of the feasibility analysis used as the basis of the determination to utilize a PLA on the project.

B. It is understood that, except where the City specifically applies this Agreement to such work in its bid documents, Program Work does not include, and this Agreement shall not apply to, any other work, including:

1. Contracts that are let under a different project labor agreement with an

Agency, and/or other entities that have entered separate PLAs, such as NYCHA, H+H and SCA;

2. Contracts let and work performed in connection with projects carried over, recycled from, or performed under bids or rebids relating to work that were bid prior to the effective date of this Agreement or after December 31, 2028;

3. Contracts procured on an emergency basis;

4. Prime contracts that do not exceed $3,000,000;

5. Contracts for work on streets and bridges and for the closing or environmental remediation of landfills;

6. Contracts with not-for-profit corporations where the City is not awarding or performing the work performed for that entity;

7. Contracts with governmental entities where the City is not awarding or performing the work performed for that entity;

8. Contracts with electric utilities, gas utilities, telephone companies, and railroads, except that it is understood and agreed that these entities may only install their work to a demarcation point, e.g., a telephone closet or utility vault, the location of which is determined prior to construction and employees of such entities shall not be used to replace employees performing Program Work pursuant to this Agreement;

9. Contracts for installation of information technology that are not otherwise

Program Work;

10. Task Orders or Work Orders issued under JOCS or Requirements Contracts that do not exceed $250,000, and JOCS or Requirements Contracts where the monetary value of such contracts predominantly involves such Task Orders or Work Orders;

11. Contracts that predominantly involve Minor Repair work, as defined in

Article 2, Section 1(J) above. Such work is to be paid under the applicable prevailing wage law, if any, for service or maintenance work;

12. Up to 7% of work set aside to be performed by certified MWBE or DBE subcontractors (“Exempt Work”) on prime contracts that are valued at $25,000,000 or more where participation goals are set forth in the contract to be performed by MWBEs or DBEs; and provided that: (i) the prime contractor shall first work in good faith with the relevant Local Unions, to identify one or more MWBE or DBE subcontractors who are a signatory to a Schedule “A” CBA or who will sign a Letter of Assent (Exhibit “A”) as required under Article 2, Section 3 above to meet the 7% prior to such work being set aside; and (ii) if the prime contractor nevertheless fails to identify one or more MWBE or DBE subcontractors who are a signatory to a Schedule “A”

CBA or who will sign a Letter of Assent (Exhibit “A”) as required under Article 2, Section 3 above, then the amount of Exempt Work allowed to be set aside pursuant to this paragraph on a given project shall only be the difference between 7% of the prime contract value and the percentage of work awarded pursuant to this paragraph. Performance of a portion of the Exempt

Work performed by the certified MWBE or DBE subcontractors does not preclude the contractor from employing one or more MWBE or DBE subcontractor who is a signatory on another portion of the Exempt Work. Such Exempt Work shall be no more than $500,000 or 20% (whichever is greater) of the value of the subcontracts for work in any particular union’s jurisdiction under any prime contract; and

13. On-site work performed on purchased equipment, which is required by the manufacturer to be performed by its staff or by its selected contractors as a condition of the continued effectiveness of the equipment warranty.

SECTION 2. TIME LIMITATIONS

In addition to falling within the scope of Article 3, Section 1, to be covered by this

Agreement, Program Work must be (1) advertised and let for bid after the effective date of this

Agreement, and (2) let for bid prior to December 31, 2028, the expiration date of this Agreement.

It is understood that this Agreement, together with all of its provisions, shall remain in effect for all such Program Work until completion, even if not completed by the expiration date of the

Agreement. If Program Work otherwise falling within the scope of Article 3, Section 1 is not let for bid by the expiration date of this Agreement, this Agreement may be extended to that work by mutual agreement of the parties.

SECTION 3. EXCLUDED EMPLOYEES

The following persons are not subject to the provisions of this Agreement, even though performing Program Work:

A. Superintendents, supervisors (except field surveyors on construction contracts, general and forepersons specifically covered by a craft’s Schedule “A” CBA are included), engineers, professional engineers and/or licensed…