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April 29, 2020
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Featured Content |
Impact of Governor's Most Recent Order Related to Masks
We are aware that the Governor’s new Order which was initially issued Monday appeared to give no quarter with regard to wearing masks for all individuals and specifically noted construction falling within that parameter. In response, we have been in contact with the Ohio Department of Transportation to reconcile the earlier flexibilities as they relate to heavy/highway construction and the guidance that was issued dated April 6, 2020 related to social distancing and wearing masks. In speaking with Assistant Director MacAdam, he indicated that their guidance transmitted on April 6th will not be changed as a result of this latest order. ODOT continues to operate their own workforce per the April 6th guidance and maintains the same expectation for companies working under contract with ODOT. Should this interpretation change, you will be informed of that modification.
In response to the concerns expressed to the Governor from many companies and individuals to the initial announcement regarding the mandate for face masks for all when at work or venturing outside of their home, the Governor has modified the original Order to make the wearing of face masks a recommended practice in lieu of a mandate. As a result, the practices put in place for face masks in the heavy/highway construction industry as outlined in ODOT’s April 6th statement regarding face masks can continue as previously announced. Click here to view the updated, one-page summary of the Order most recently issued by the Governor and click here to once again view ODOT’s April 6th face mask guidance.
Please make OCA aware of any instances where local health officials may attempt to enforce a stricter interpretation of the guidance provided in the April 6th statement from ODOT.
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OCA’s Communications Provider Experiences Cyber Attack
From Friday April 24th to early this morning (April 29th), OCA’s platform for our website and member communications were down because of an attempted cyber attack into our system provider’s network. Our platform provider has now recovered from that attack and put additional security measures in place. We have been told that no member information was compromised. This is why you did not received the OCA e-newsletter on Monday. We apologize for your late receipt of our weekly newsletter. The website is now once again available for viewing the latest COVID-19 updates.
OCA Video - Working in a COVID-19 Environment
We are working to put together a brief (3 to 4 minute) video highlighting the heavy/highway industry’s ongoing efforts to continue in our efforts to construct and maintain Ohio’s highway infrastructure during this time of COVID-19. We would like to assemble a series of project pictures and, hopefully, brief video clips (5 to 10 seconds +/-) showing the PPEs in place and activities that are occurring on projects in a COVID-safe manner. Ideas include: field hand washing stations; temperature checks; project signing specifically related to breaking the chain of COVID transmission; activities demonstrating social spacing; wearing PPEs such as face mask; safety talk circles (6-feet spacing large circles), etc. I’m sure there are other related examples. Maybe some of you have already documented examples of these practices. We envision sharing this summary video on our website, social media, and media outlets. There has been much talk of employees of essential businesses doing what they need to do. We haven’t seen enough positive press in this regard when it comes to construction.
If you have any pictures or video you would be willing to share, please send them to David Rule, [email protected]. Thank you for your assistance in putting this together. We know you are actively engaged in “Finding Ways To Make It Work.”
ODOT Publishes 2019 Inflation Factor
According to C&MS 109.05.B Negotiated Prices, ODOT’s Office of Construction Administration will publish factors to adjust prices for projects awarded in previous years.
FACTOR FOR 2019 to 2020: +1.8 %
The above factor may be used to adjust agreed unit prices obtained from the Summary of Contracts Awarded and average unit prices awarded on three different projects with similar work and quantity. The factor may not be used to adjust prices computed by the Office of Estimating or cost analysis of labor, equipment and material. This factor is the maximum a District may adjust a 2019 State-Wide average price.
The inflation factor is calculated by the Office of Estimating. It is the Chained Fisher Construction Cost Index for the last four quarters.
Click here for a spreadsheet of all inflation factors calculated since 2013.
OCA Dayton Chapter Awards Student Scholarships
The OCA Dayton Chapter Executive Committee is pleased to have recently awarded three local students with a total of $5,500 in scholarship money.
We invite you to click here and meet the recent recipients!
We appreciate the constant support of our chapter members and college educators that help promote OCA, and this opportunity, to our future workforce. All scholarships were funded through member donations and award recipients were chosen based on criteria including demonstrated interest in working for our local industry, and financial need.
Congratulations to all our scholarship recipients!
Carpenter and Operating Engineer Contract Extension Ratified
OCA’s Labor Relations Division recently ratified one-year contract extensions for the Carpenters and Operating Engineers, Local 18 union labor agreements. Both approvals were unanimous for the May 1, 2020 through April 30, 2021 extensions. Both agreements include wage and benefit changes effective May 1st.
The new May 1st, 2020 wage and benefit changes are currently posted on the OCA website in the “Breaking News” section and the Labor Resources section for members. The Carpenters wage and benefit distributions are due from the Carpenters today, and will be posted later today, or early this week.
Should you have any questions about the union agreement or rates of pay, please contact Mark Potnick, OCA’s Labor Relations Director via email at [email protected], or via telephone at 614-488-0726.
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In this timely program, Hahn Loeser partners Aaron Evenchik and Rob Remington, along with Chad Van Arnam, Construction Project Manager, address critical issues for members of the OCA related to documenting and prosecuting COVID-19 delays, including:
• Sending required notices under the contract;
• Understanding excusable and compensable delays; and
• Ways to track and document the additional costs related to COVID-19
We hope you can join us for this informative and interactive session.
Friday, May 8
10 - 11:30 a.m. ET
To register email Erin Hawk |
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Join Hahn Loeser partners Aaron Evenchik and Rob Remington for a complimentary webinar for OCA members addressing:
• The impact of COVID-19 on project payments;
• T he fight to file lien/bond claims for current amounts due on project, including retention and pending claims;
• Required timing to secure payment rights; and
• Required steps to secure payment rights.
We hope you can join us for this informative and interactive session.
Delayed Payments? Get Secured!
A Lien/Bond Claim Refresher Course
Friday, May 22
10 - 11:30 a.m. ET
To register email Erin Hawk
For further guidance on construction-related issues related to COVID-19, please visit Hahn Loeser's blog - Construction Law Insights - and subscribe.
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