DOTs Covid-19 Plans - Work Continuing As Scheduled
Illinois, Indiana, Kentucky & Ohio
On March 19, 2020, the U.S. Department of Homeland Security Cybersecurity and Infrastructure Security Agency (CISA) published a memorandum on identification of essential critical workers during the COVID-19 response. The Memo was created in collaboration with other federal agencies and the private sector to help State and local officials.
The Memo describes the list it provides is advisory in nature only. Further,
The attached list identifies workers who conduct a range of operations and services that are essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing management functions, among others. The industries they support represent, but are not necessarily limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, and public works.
From Illinois Road & Transportation Builders Association (4/3/20) – IDOT Secretary Omer Osman reported that approximately half of IDOT's nearly 5,200 employees are working from home. Highway maintainers still remain on the job and the agency has over 100 active construction projects with no plans to curtail any construction work noted. As of this week, IDOT is still planning on keeping the previously scheduled dates for future lettings. There is a huge letting coming up ($570 million statewide contract award amounts) in April. IDOT reports show that traffic is down 45 percent to 50 percent. While lower traffic volumes will allow for work to be done more safely and efficiently, it also represents a decline in MFT revenues. Lower revenues will impact signature projects including Interstate 80, and possibly also IDOT's current Multi- Year Program (MYP). Local roads, especially on future bridge work, will likely see a significant reduction in contract awards for the short term due to reduced MFT revenues. Buy America waivers may be crucial going forward. There are 25 rest areas that are open, which accounts for all except one downstate, and they will continue to remain open because they are crucial for the supply chain.
Site Access Restrictions and Notices: Members who have placed strict standards to restrict all types of traffic at their facilities to help stem the spread of COVID-19 should provide written notice to IDOT that IDOT personnel will be provided access to all of the contractors’ sites. Contractors should reiterate that they are continuing to practice social distancing to both
From Indiana Constructors (3/25/20) – From Roland Fegan, Deputy Commissioner for Construction, INDOT...
“INDOT appreciates the trying times that we are all going through together. INDOT wants to ensure our partners that we are ready to go for the 2020 construction season. INDOT understands the current environment and the challenges that is presents. We are committed to working through this with our industry partners and to look for opportunities to partner together. The following is a listing of the initiatives that INDOT will be implementing immediately.
“Safety – INDOT is abiding by all of the guidance provided by the Department of Health for social distancing and good hygiene. INDOT is utilizing virtual means of communication as much as possible. As always Safety of our employees, our partners, and the travelling public is first and foremost on our agenda.
“Extended Work Hours – Governor Eric Holcomb’s Stay at Home order has the effect of about a 30% reduction in overall traffic. INDOT is willing to discuss options to accelerate projects through this time period by extending hours for restrictions on Interstate Highway Congestion
Waivers. INDOT has reduced the review time for this by utilizing the existing traffic data and applying the 30 % reduction factor to open additional time to work. INDOT is continually monitoring this situation and is available to discuss these opportunities on a contract or corridor basis. Guidance has been sent out to decision-makers to move on these requests quickly. Should traffic volumes begin to increase back to normal conditions, then INDOT would give contractors a 7-day notice to return to previous restriction time frames.
“Construction – INDOT is ready to go and work effectively and efficiently with our contractors.
“Testing – INDOT has also worked on efficiencies for our Testing processes to expedite approvals. INDOT is pursuing all options to expedite startup procedures for the season including but not limited to extending certification timeframes. INDOT will be postponing audits and plant inspections. Our qualified testers will have their certifications extended to May 1, 2020 to be ready to go now.
“E-Ticketing – INDOT is willing to work with industry for a more widespread use of e-ticketing. INDOT already has contractors utilizing this tool.
“Supply-Chain Issues – INDOT is keenly aware that supply chains are being interrupted and will work with industry to help resolve if we can. Industry does not need to send INDOT a letter citing potential issues but only those that are currently impacting the contract. Please let INDOT construction personnel know as soon as you are aware of such issues so that we can track them together. There is not a need to explore what-ifs at this time.
“Partnering and Indiana Transportation Team – Our joint membership in The Indiana Transportation Team gives us the ability to persevere through these challenges and turn them into opportunities to advance the cause. Thanks in advance to all for their efforts.”
Businesses in support of the development, construction, and maintenance of transportation systems fall within the federal critical infrastructure sector noted in Executive Order 2020-257. Businesses which have been awarded a contract or sub- contract by the Kentucky Transportation Cabinet fall under this umbrella for the purposes of fulfilling their contract(s). Such businesses should encourage telecommuting where possible and provide social distancing standards for their employees to the maximum extent practicable.
Following the guidance of Governor Beshear to help stop the spread of COVID-19, all KYTC Department of Highways offices will be closed to the public until further notice. This includes facilities like district offices, section offices, maintenance facilities, and warehouses. You may still reach us by phone or email. Visit transportation.ky.gov for updates. Thank you for your understanding and cooperation.
PN 095 – 03/30/2020 Potential Impacts and Delays Due to COVID-19
In an effort to anticipate the potential impacts to the Project caused by the COVID-19 threat and in following direction from the Governor and other authorities, the Contractor is on notice of the need to comply with all federal, state and local orders generated to prevent the spread of contagious or infectious diseases, including the Stay at Home Order from the Ohio Director of Health dated March 22, 2020, and subsequent orders...
Contractor is on notice that the Project is considered essential and that the contractor and his employees, subcontractors and suppliers are considered essential businesses and performing essential functions as defined under the Stay at Home Order.
Notwithstanding any other provisions of the contract documents, in the event of project delay or impacts to performance due to a voluntary or mandatory COVID-19 virus Directives, Orders, quarantine or closure directed by government authorities, either party may, by providing notice to the other party as required under CMS 108.02(F), extend the Completion Date for a period of up to thirty (30) days. Extensions under this paragraph shall be considered an excusable, non-compensable delay in accordance with CMS 108.06(B). If any portion of the Work is still not able to be performed upon the expiration of the extension, either party may provide notice to the other party requesting a termination for convenience under 108.09. The termination for convenience remains at the sole discretion of the Director.
The Contractor and ODOT will exercise best efforts to utilize remote services to perform Work that otherwise cannot be performed in person due to a voluntary or mandatory COVID19 virus quarantine, closure, or impact as directed by Stay at Home Order.
Impacts to the Project generated by the Stay at Home Order shall not be considered an “issue” under 108.02 (F) for Projects sold after the date of this Note. Contractors are on notice that their bids should include any impacts they foresee or should have reasonably foreseen due to the Stay at Home Order or existing or reasonably foreseeable orders by any other federal, state or local official.
If any emergency order or declaration of any government official is lifted at any time, ODOT will provide written notice to the Contractor that this Note shall be considered void thirty (30) days after receipt of the written notice. If the Stay at Home Order from the Ohio Director of Health dated March 22, 2020 is lifted at any time, this Note shall be considered null and void thirty (30) days after the lifting of those orders.
U.S. Governmental Business Resources:
- CDC: Interim Guidance for Businesses and Employers
- CDC: Information for Communities, Schools, and Businesses
- CDC: Environmental Cleaning and Disinfection Recommendations – Community Facilities
- SBA: COVID-19 Resources
- DOL: Guidance for Preparing Workplaces for Coronavirus
- DOL: OHSA Resources for Workers and Employers on COVID-19
- WHO: Get Your Workplace Ready for COVID-19
- CISA: Risk Management for COVID-19
- EPA: Disinfectants for Use Against COVID-19