Changes with FDOT Bid Software

Computer System

Heads Up!

This month, FDOT made a switch with their bid system. Now they are using the AASHTOWare Project Bids™ software instead of Expedite®. You will need to contact Bid Express and obtain a new Digital ID to use the new software. If you already have a digital ID for Expedite, there will be no charge for this. Please see the link below for further information about the steps needed to convert to the new software.

http://www.fdot.gov/contracts/News_Announcements/FloridaDOTDigitalIDholdersProhjectBidsAnnouncement.pdf

News from FTBA Regarding Hurricane Irma Related Costs

Per an email from the Florida Transportation Builders Association on Friday:

 

“Please find below an email from David Sadler outlining the timeframe for submittal of some of your costs associated with Irma. David also provides a table that should be used to determine days eligible for compensation.

I have attached a section from CPAM that discusses compensation for costs associated with a declared emergency. I understand that CPAM is not a part of your contract but it provides very excellent guidance as to what FDOT will pay for relating to storm damage and delay. Keep in mind that FDOT is under no obligation to compensate the contractor for the idle equipment and labor but agreed to do this in an effort to be fair and consistent. In the case of idle labor it is hoped that your workers who lost paychecks during Irma will receive compensation equivalent to what FDOT reimburses. The process outlined in CPAM appears very straightforward and I feel confident that should you choose to follow this process FDOT will compensate you as outlined.”

From Bob

______________________________________________________________________________________________________________________

“This email is to let you know that there is a deadline for contractors to submit Hurricane Irma related impact costs to the Department. Specifics are outlined in CPAM chapter 7.6 (http://www.fdot.gov/construction/manuals/cpam/New%20Clean%20Chapters/Chapter7s6.pdf) but for brevity, the timeframe is as follows:

Governor Declaration issued September 4, 2017 which is set to expire 60 days after issuance unless extended. That put expected expiration date at November 3, 2017. CPAM allows six weeks following the cessation of all natural disasters covered by a Governor declared emergency related impacts to the project or two weeks after Final Acceptance of the contract, whichever is sooner. Since there are ongoing recovery efforts following the storm, FDOT will use the November 3rd date as the cessation date and will allow 6 weeks from then as the deadline for contractors to submit the information required in CPAM to the Department. Six weeks after November 3, 2017 will be December 15, 2017.

Regarding days allowed per CPAM for compensation of idle equipment and idle labor, the attached table is what the Department is operating from for consistency. The dates of the storm are relative to the south Florida locations since they were first impacted. Dates/days impacted are adjusted by the Districts depending on the dates on which they were impacted.”

Please contact David A. Sadler, P.E., with  any questions:

David A. Sadler, P.E.
Director, Office of Construction
Office (850)414-5203
Fax (850)414-4874
Email: david.sadler@dot.state.fl.us

What Contractors Need To Know About OSHA’s New Silica Rule

Construction Site

Inhaling silica dust can lead to silicosis, an incurable lung disease that can be fatal if severe enough. Those with too much silica exposure can also develop lung cancer, kidney disease and chronic obstructive pulmonary disease. The existing standard requires that silica dust particles, which are 100 times smaller than sand granules, be limited to 250 micrograms per cubic meter of air over an average of eight hours — the hours of a typical work shift. The new standard reduces that to 50 micrograms over the same time period.

Read the full article on www.constructiondive.com by clicking HERE

Force Majeure Contract Clause

Force MajeureAn article on Constructiondive.com broke down how the force majeure contract clause in construction contracts can help plan for the unexpected.

Per the article “Anyone in the construction business can attest to the fact that it’s an industry that defines the phrase “stuff happens.” And most of the time, there is someone to blame. Inconsistencies between versions of the plans and specifications; late ordering of long-lead-time specialty items; failure on the part of a subcontractor to adequately allocate resources; mathematical mistakes in the original estimate — all of these can lead to delays in the schedule and higher costs. These are also the result of human error, so each step in the decision-making process that led to the mistake can be evaluated and corrected for the future. But then there are those events no one could have anticipated, and these happenings fall under the category of force majeure — bringing a whole new set of contract-related questions that all parties must address.”

“A force majeure event is one that could not have been reasonably foreseen and keeps a contractor from fulfilling their obligations under the original terms of the contract.”

“The American Institute of Architects refers to these unanticipated occurrences in its A201-2017 General Conditions for the Contract of Construction,  which is incorporated by reference into many AIA contract agreement forms.  ConsensusDocs also mentions these events in some of its contract documents, including the ConsensusDocs 200 Agreement and General Conditions Between Owner and Constructor.”

“Force majeure clauses are intended to spread the risk of the types of things you can’t control,” said John Patrick Curran, partner at Sive, Paget & Riesel in New York. ”If work is suspended for a delay, the contractor is excused in the sense that they don’t have to maintain the schedule. The owner is excused [from] paying for work for a period of time.”

“The AIA 201 lists fire, weather, unusual delivery delays and labor disagreements as examples of events that would be out of the contractor’s control, while ConsensusDocs 200 throws in terrorism, epidemics, “adverse governmental actions” and unavoidable accidents. Both allow, as Curran said, for an extension of time to the contract if requested in a timely fashion by the contractor.”

“But what about financial compensation for costs like overhead or remobilization associated with those delays? “It all depends on what the contract says,” Curran said. Many owners write “no damage for delays” clauses into their contracts, he said, which means there is no allowance for any cost reimbursement in the event of, for example, heavier-than-average rainfall that makes it impossible to carry out site work — only an increase in the allotted schedule time.”

The article goes on to give examples and explain the gray area in the clause.  Click HERE to read the full article.

2017 FWCCA Annual Convention

FWCCA 2017

The Florida Wall & Ceiling Contractors Association had their Annual Convention last week at the Gaylord Palms Resort in Orlando.

Cheryl Foley and Sarah Drinnan represented Florida Surety Bonds for the second year in a row. This year was better than ever! It was held at a beautiful location, there were over 70 exhibitors and we made some great connections! Florida Surety Bonds is proud to be a member of such a great association.