On April 1, 2020, ODOT provided direction on enforcement of COVID-19 social distancing on ODOT projects. The April 1, 2020 memo is linked HERE. ODOT project staff are directed to observe contractors’ work to confirm both six foot social distancing and look for visibly sick employees. The memo directs ODOT project staff to notify the contractor of violations. Most critical is ODOT acknowledges the need to resequence or temporarily suspend some work to comply with the order. Contractors forced by the Stay at Home Order to resequence or suspend work should notify ODOT in strict accordance with CMS contract requirements, otherwise contractors risk waiver of their right to an increase in the contract time or price.
New Plan Note Requires Inclusion of Some COVID-19 Delays
ODOT continues to sell additional work which may now include Proposal Note 095 – Potential Impacts and Delays Due to COVID-19, linked HERE. Under PN 095, contractors are to include impacts they foresee due to the stay at home order in their bids. PN 095 does permit a 30 day project extension under CMS 108.02.F, and if that is inadequate, the contractor can seek a termination for convenience. Those bidding ODOT work now should carefully consider the COVID-19 virus in their estimates and bids.