COVID-19: NYC DOT

4/6/20

ACEC New York Question

Status of design contracts: Can DOT provide clarification as to what if any Design or Construction work has been paused?

NYC DOT Answer

While DOT discusses critical infrastructure projects with OMB, we have differentiated consultant contracts into several distinct buckets. Resident Engineering Inspection (REI), Total Design (TD) and Construction Support Services (CSS). REI and CSS contracts support critical capital construction projects, and as such must continue to support the construction deemed critical under the Governor’s EO. Projects in the design phase while also critical to support future capital projects, will be discussed with OMB, and the agency has also considered most of them critical to continue.

ACEC New York Question

Notary Signatures: Executive Order 202.7 provides notaries can notarize documents via audio/video means effective through April 18, 2020. Can DOT confirm you are allowing audio/video/electronic notarization? Does DOT have guidance on what is acceptable under this procedure?

NYC DOT Answer

Guidance from Mayor’s Office of Contracts provided agencies with the following:  To the extent practicable, vendors should continue to sign and notarize their contracts. In the interim, they can pdf and email a copy of the signature page.  The original can be subsequently mailed to the agency.  If the agency or the vendor is not able to notarize the contract, the agency should receive email conformation from the vendor that they agree to waive the city’s notarization requirement and include conformation as part of the contract file.

ACEC New York Question

Electronic invoicing: Is DOT accepting invoices electronically? Does DOT have guidance on what invoice packages should include?

NYC DOT Answer

There are no changes to what should be submitted, however, invoices and supporting documentation can be submitted electronically. Where signatures are difficult to obtain, and email certification is acceptable and should be included as part of the invoice package.

ACEC New York Question

Continue safe work & expedite payments: We respectfully urge DOT continue as much design and construction work as can be safely performed and that payments be expedited as best as possible. These are critical issues facing design firms, especially smaller firms including many of our MWBE members that we are hearing from. It is critical to maintain cash flow for firms to survive this unprecedented situation without layoffs or shutting down.

NYC DOT Answer

The Mayor’s office for MWBE is providing financial assistance to MWBE firms, and they should be directed to this office to discuss their options.

ACEC New York Question

Staggering field staff: we recommend DOT consider a policy of staggering certain field staff reporting time (RE and OE) on construction projects to maintain social distance. REs typically have greater flexibility to work remotely relative to OEs, but OEs have work that they are able to do remotely.

NYC DOT Answer

NYCDOT has received two requests from different REI’s to stagger their work force and we are considering those requests. It must be evaluated depending on the size of the field office and the people involved. It also depends of the work being progressed by the Contractor. The Contractors have been progressing their projects with some minor changes to date.


3/23/20

NYC DOT Office of Permit Management and Office of Construction Control & Mitigation issued a notice that the agency will limit interaction with the public until further notice and implement the following mandatory procedures due to the Coronavirus COVID-19 Emergency Declaration.

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