March 23, 2020
COVID-19 UPDATE 6
 
As UTCA reported to you last Saturday, Governor Murphy issued his second Executive Order (No. 108) that creates statewide uniformity of COVID-19 restrictions, prevents and voids any County and/or Municipal ordinances or resolutions in conflict with his Executive Orders No 107 & 108, places tighter restrictions on retail businesses and social gatherings and reiterates that construction, utility work and construction repairs are all permissible activities. In addition, UTCA has confirmed with Governor Murphy’s office that construction services (i.e. subcontracting, material/equipment supply, inspection, permitting etc.) are also allowable activities.

The Murphy Administration has set up a specific website to provide citizens and businesses with more detailed information. That website “New Jersey COVID-19 Information Hub” is located at https://covid19.nj.gov/index.html This site identifies both allowable and restricted activities for business, employees and citizens.

In order to assist member firms regarding the continuance of their construction projects and office operations, please see the following:
1. Legal memorandum from UTCA Legal Counsel Lou Cappelli of Florio Perrucci, Steinhardt, Cappelli, Tipton & Taylor LLC that stipulates the continuation of construction activities and business and
2. A sample letter to be used by employees, subcontractors, suppliers/equipment dealers, Owner Operators and others to be kept with employee vehicles in the event that an employee is questioned regarding their activities.

UTCA has been working with various State Agencies and entities in order to keep the construction process moving forward. The following is a synopsis of where we are with these efforts:

1. NJ DOT: UTCA is directly working with NJ DOT to allow contractors to switch “night work” to “day-time work” (at the contractor’s option), extend/expand
lane closures, add additional work to contracts and allow for construction acceleration during this time of minimal traffic. NJ DOT has agreed to 1. Extend day-time working hours on all projects by one hour at the start of the day and one hour at the completion of the day (two additional hours of work each day) and 2. move SOME night operations to the day-time operations ON A PROJECT BY PROJECT BASIS!! They have asked that we (UTCA) get a list of night projects that the industry would like to see moved to day-time operations to them for their review. If you wish to have your night time operations moved to a day time operation, please forward your project(s) to George Lobman at George@utcanj.org .

2. NJ Turnpike: UTCA is also working with the NJ Turnpike Authority regarding its 2020 Capital construction program and identifying opportunities where we can jointly work to make use of the reduced traffic in order to be more productive while working in a safer environment. The NJ Turnpike Authority will also consider 1. Expanding and/or increase lane closures, 2. Project acceleration 3. Additional work if appropriate, and 4. Extended work hours. These project adjustments will be considered on a project by project basis. If you wish to use any of the noted adjusts, please contact the NJ Turnpike.

3. NJ BPU: UTCA has been working with the NJBPU concerning the continuation of investor owned utility construction projects throughout the State. To date this work is a permissible activity. Of additional concern is the marking out of underground utilities for construction projects. Some municipalities/MUA’s are refusing to markout their underground facilities, thus resulting in the stoppage of construction projects. UTCA has been successful in having the NJBPU contact the local entities and require those local entities to markout their facilities. If you experience this problem, please contact Dan Neville at Dan@utcanj.org.

4. NJ Department of Community Affairs: UTCA has been actively working with the Department of Community Affairs (NJDCA) in order to keep County and Municipal construction projects on schedule. A few Counties and numerous Municipalities have mistakenly ceased construction projects; however, the association has been successful in correcting these situations. In fact, the Governor’s second Executive Order No. 108 specifically restricts these local governments from stopping construction projects. If you experience any work stoppages, permit processing, inspection and other related issues, please contact Dave Rible at the UTCA office at Dave@utcanj.org.

5. NJ DEP: UTCA is working with NJDEP officials to keep the construction permit process on schedule for the many public works projects that will be bid this year. The association mobilized the NJ TAP DEP Committee and is engaged in discussions with NJDEP to develop a process to allow NJDEP officials to work on the various permits from their employees’ remote workstations (i.e. home offices). If you are aware of any permit processing issues, please contact Dan Kennedy at the UTCA office at Kennedy@utcanj.org

If anyone has further questions concerning this notice, please contact the UTCA office at 723 292-4300

PO Box 728 Allenwood, NJ 08720 Phone: (732) 292-4300 Fax: (732) 292-4310
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