GENERAL GUIDANCE ON POTENTIAL IMPACTS TO CURRENT AND UPCOMING (AWARDED) PROJECTS
The current and everchanging Coronavirus pandemic may affect current and upcoming construction projects. Understanding that each construction project will have its own unique set of circumstances, this guidance is intended to address and set forth some general guidelines to local agencies.
Key Points:
- Construction on critical transportation infrastructure and most public works is designated an “essential service” by the U.S Department of Homeland Security – so if agreeable by the Contractor and allowed by the local agency, the Contractor may work
- However, if the pandemic affects the ability of the Contractor to perform work safely per CDC guidelines and/or efficiently (social distancing factors, lack of available workforce, delays in the materials supply chain, etc.), that Contractor should submit a written request with specific detail, and the local agency can be very flexible in granting non-working days or delaying the start of a project.
- Upon receiving the Contractor’s written request, the local agency should respond in writing. This response letter should reiterate that while non-working days can be granted, the Contractor is generally not entitled to additional payment borne by the delay (resulting project/critical path delays, increased unit costs, additional overhead, etc.)
- The local agency should diligently keep the Weekly Statement of Working Days (LAPM Exhibit 16-A) and submit to the Contractor on a weekly basis, using the Remarks section of the form
- Local agencies should be mindful of the specific project’s traffic control impacts and corresponding detours that may affect first responders or emergency vehicles’ access to hospitals or testing centers, and provide necessary communications with affected agencies and organizations as appropriate
- Contractors are updating their Codes of Safe Practices and Injury/Illness Prevention Plans to address current CDC direction. Direct the Contractor’s attention to Section VII (Safety: Accident Prevention) of Form FHWA-1273
- For additional background and guidance, see https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/-/media/f83d97965986493191ceb14a41e49aa6.ashx
This Guidance is prepared by Caltrans, Division of Local Assistance, Office of Guidance and Oversight. Comments or suggestions regarding this topic should be directed to Mike.Giuliano@dot.ca.gov