Boston Mayor Marty Walsh started his press conference with an update on the COVID-19 numbers in the City of Boston: on 5/18  there were 11,950 confirmed cases. Last week, Boston’s positive test result rate was 13.9%, a new low. The number of positive cases in the hardest-hit neighborhoods in Boston continues to decline. Despite the positives, the numbers still give a reason for caution. The Mayor urged residents to continue to stay home, practice social distancing, wash their hands and wear masks in public.

Mayor Walsh discussed the Governor’s phased reopening plan released yesterday: Open air construction projects in Boston are able to resume this week, with others opening next week. Contractors must submit COVID safety plans to return to work and safety training for inspectors. Nearly 2,300 safety plans have been submitted to the city. He reported that the city is in the process of developing a detailed plan for Boston offices. The statewide plan allows for 25% capacity on offices reopening on May 25, but the City of Boston will allow offices to reopen on June 1. The city will share guidelines for Boston offices next week. The City of Boston will allow small businesses to resume curbside pickups on May 25; The Mayor asked small businesses that do not feel comfortable opening to contact his office. He also reported that the state reopening plan allows for places of worship to reopen this week, with guidelines and limited capacity, but he has heard from some places of worship that do not feel comfortable reopening. He urged seniors in the City of Boston to act on the side of caution when it comes to attending services and asked seniors to reach out to faith leaders directly during this time.

5/18/2020: Construction Sites:

• https://www.mass.gov/doc/sector-specific-workplace-safety-standards-for-construction-to-address-covid-19/download
• https://www.mass.gov/doc/construction-protocol-summary/download
• https://www.mass.gov/doc/construction-checklist/download

5/18/2020: Governor Charlie Baker announced that phase 1 begins today which means manufacturing and construction sites are allowed to reopen, as early as today, if they meet the guidelines. Places of worship are allowed to reopen if they follow the guidelines set for them as well.  Around the state, offices spaces can reopen on May 25 if they meet health guidelines, and office spaces in Boston can start June 1. One of the new requirements is that office space can only reopen with 25% capacity. During phase 1, emergency childcare will be expanded for families that have no other option.

Hairdressers and barbers are included in phase 1 and can reopen by appointment only,  starting May 25. Restaurants, hotels, retail stores, nail salons, and public pools are included in phase 2. There will be at least a 3 week minimum waiting period between phases, but it could be longer, depending on data from health officials. Summer camps will be included in phases 2 and 3, and casinos, museums, and other entertainment-related businesses will get the green light in phase 3.

The “stay at home” advisory has been changed to a “safer at home” advisory, which the Governor urged residents to still stay at home unless they absolutely need to go out. Limit on gatherings still remains at 10 people. 

The full reopening report and guidelines and are located below.

Full Reopening MA Report

Sector-specific protocols and best practices:

• Construction - Permitted to reopen on May 18, 2020
• Manufacturing - Permitted to reopen on May 18, 2020
• Office Spaces - Permitted to reopen on May 25, 2020 (with the exception of Boston, which are permitted to reopen on June 1, 2020)
• Laboratories - Permitted to reopen on May 25, 2020
• Hair Salons and Barbershops - Permitted to reopen on May 25, 2020
• Car Washes - Permitted to reopen on May 25, 2020
• Pet Grooming Services - Permitted to reopen on May 25, 2020

Updated MBTA COVID-19 Procedures

5-4-2020 MBTA Letter on COVID-19 Procedure Updates

On Tuesday, May 5, the City activated the submission process for required COVID-19 Safety Affidavits and COVID-19 Safety Plans for permitted construction work. The City also announced the timeline to incrementally expand the categories of allowed construction to further align with the broader categories of construction defined as essential by the State. Read the announcement.

As of May 18, 2020, the City of Boston will allow essential construction projects on sites that meet the following criteria: (1) Projects are permitted, in compliance and have filed a Covid-19 Safety plan and a signed affidavit; (2) Project sites are sufficiently prepared to adhere to all criteria of their safety plan; and (3) the work is for hospitals, public schools, residential buildings (1-3 units), road and utility work, or other outdoor/open air-work such as steel erection, roofing and constructing foundations.

As of May 26, 2020, the City of Boston will allow all essential construction projects to recommence construction activities in adherence to their safety plans. This incremental approach will provide the time necessary to allow complex, large-scale development an opportunity to educate their workforce, safely remobilize and implement their site-specific Safety Plan

The City of Boston released 3 documents regarding the phased-in approach for the resumption of construction activities:

1. City of Boston COVID-19 Safety Affidavit and Plan Submission Process
   • COVID-19 Safety Plan - Compliance Affidavit​
2. City of Boston Construction Update 5 5 2020 FINAL (Chief Construction Update) 
3. Governor’s Executive Order’s Exhibit A Defining Essential Construction

On May 5, City of Boston announced it will take an incremental approach to broadening the allowable categories of construction. Effective May 5, all essential construction projects (as defined by the state, which currently means residential, hospitals, public schools, mixed use with residential, public works and construction related to COVID-19) with approved safety plans and signed affidavits as required under the COVID-19 Safety Policy for Construction will be authorized to prepare the site with project specific COVID-19 safety measures.

At no time will the City of Boston permit any construction beyond what is allowed by the Commonwealth. DPW and ISD will continue to monitor and enforce the COVID-19 Safety Plans for Construction. In accordance with the signed affidavit, contractors acknowledge and agree that non-compliance with any requirements may result in suspension of termination of work in progress of revocation of the City’s permit for such work.

On April 28, Governor Baker announced the formation of the Reopening Advisory Board, which is being Co-Chaired by Lt. Governor Karyn Polito and Housing and Economic Development Secretary Mike Kennealy. The Board brings together public health officials, business leaders and municipal government officials from across the state, and is charged with providing recommendations to the Administration to reopen the economy in phases based on preserving the health and safety of the Commonwealth's residents. ACEC/MA plans to provide stakeholder input  on the issues facing the engineering, A/E and land surveying business community. More info

Submit Comments to the Advisory Board

City of Boston Construction Protocols

On Friday, April 17, the City published a draft COVID-19 Safety Policy for Construction.  These are new requirements, designed to make job sites safer for workers and communities, that are expected to be implemented by Monday, April 27. 

Main Link

Due to COVID-19, the City of Boston will be implementing new protocols for essential construction work in the City of Boston. All essential construction sites must now submit a COVID-19 Safety Plan and a COVID-19 Safety Affidavit. These policies go into effect on April 27, 2020 for all essential construction. Nothing in these new protocols changes what construction is currently allowable in the City of Boston right now, but when construction resumes at some point, compliance with this policy will be required.

COVID-19 Safety Plan
This document will detail the job site practices that the contractor will follow to protect worker safety. Every contractor will be required to provide the City with this document when applying for a permit. If a job is already permitted, contractors must provide this document by April 27 or before work starts.
There are six key elements the City will be need in each plan:

1. steps taken before shifts start to ensure workers are healthy;
2. practices to ensure social distancing that can be achieved on the job site;
3. materials provided to ensure job site hygiene;
4. protocols for the use of personal protective equipment;
5. communications and training practices to ensure everyone is informed; and
6. procedures in case there is COVID-19 exposure on the job site.

To help with this, the City has provided a Safety Plan Worksheet for guidance.

COVID-19 Safety Affidavit
This Safety Affidavit attests that the contractor has created, provided to the City, and will implement its COVID-19 Safety Plan. It follows the same requirements as the Safety Plan. Failure to adhere to the policy may result in approval to work being revoked. 

MBTA has sent us the attached guidelines to report known or presumptive COVID-19 cases involving Consultant/ Vendor/ Contractor workforces to the MBTA.  Case Incident Reporting

Signed into law April 3, took effect immediately, now Session Law 53 of the Acts of 2020

This law has implications for how certain private sector development might move forward in pre-construction and permitting. 

For Design Professionals, this new law:

• establishes a framework for modifications to local permitting regulations.
• defines applications for permits as duly filed and accepted as of the date of the filing if filed with and certified as received by the municipality;
• allows permit granting authorities to deny an applications completeness if otherwise denied or appealed on other grounds;
• allows submission of permit applications and sending of permit application receipts electronically;
• suspends any hearing deadlines otherwise required within a certain timeframe after receipt of an application as of March 10;
• provides for resumption of the deadlines 45 days after the termination of the COVID-19 state of emergency;
• prohibits expiration of any permits or and tolls deadlines for performance until after the termination of the COVID-19 state of emergency;
• prohibits the constructive granting, denial or expiration of a permit due to a failure to act during the COVID-19 state of emergency;
• requires resumption of activity within 45 days of the termination of the COVID-19 state of emergency;
• extends requirements for recording of permits with the registries of deeds; tolls and continues hearings for opened permits to the first hearing date after expiration of the COVID-19 state of emergency
• authorizes permit granting authorities to revoke or modify permits as otherwise allowed under existing laws or regulations for reasons other than lack of performance during the COVID-19 state of emergency when the work started before March 10, 2020 and stopped due to the state of emergency or other governmental actions;
• extends protection from permit revocation or modification for at least 60 days beyond the termination of the state of emergency;
• entitles a permit holder to further extensions for demonstrated good cause;
• allows the permit granting authority to issue an extension without the presence of a quorum.
• allows permit granting authorities to hold meetings and hearings remotely during the COVID-19 state of emergency; further allows permit granting authorities to issue decisions on permit applications submitted and heard;
• additionally allows building commissioners, inspectors of buildings, or other officials to issue permits;
• applies changes related to local permitting authority to all local boards and commissions’ conduct of public meetings, public hearings, or other actions taken in a quasi-judicial capacity.

Other key parts of the new law:

• grants municipalities greater flexibility to conduct business during the ongoing public health emergency;
• allows for town meetings to be postponed for 30 days, including past a statutory cut-off of June 30, 2020;
• allows the calling of a recess and continuation of a town meeting during any weather-related, public safety or public health emergency, and for up to 5 days after its termination;
• authorizes use of at least half of the monthly appropriation from the most recent budget for each month in which an emergency prevents adoption of a subsequent annual budget;
• authorizes use of a municipality's “free cash” during the COVID-19 state of emergency;
• authorizes and regulates amortization of deficit amounts incurred due to the COVID-19 state of emergency.
• amends various provisions related to the billing and collection of local taxes, including real estate taxes during the COVID-19 state of emergency;
• extends the deadline for filing of income tax returns and submission of payments until July 15, 2020.
• authorizes entities otherwise licensed to sell alcoholic beverages to be drunk on the premises to sell them for off premise consumption, in their original, sealed containers, with existing transactions for the sale of food.

Link to MassDOT-HASP-Certification-Letter-April-2-2020.pdf

This is a memo outlining the letter needed from each contractor certifying compliance with CDC, OSHA and the Commonwealth’s guidelines. The letter must be on company letterhead and signed by a principal of the company. The contractor must submit a separate letter for each contract to the District Highway Director.

Link to 4-1-2020 Document

From MassDOT: Enforcement of the COVID-19 Safety Guidelines and Procedures for Construction Sites
COVID-19 Order No. 13, as revised and extended on March 31, 2020, requires the Massachusetts Department of Transportation and the Division of Capital Asset Management and Maintenance to “issue guidance and enforcement procedures for the safe operation of public works construction sites.” The safety guidance is attached as “COVID-19 Guidelines and Procedures for All Construction Sites and Workers at All Public Works Sites” (hereinafter, the COVID-19 Construction Safety Guidance) and is posted online and may be revised from time to time. This document contains the required enforcement procedures, which shall be followed by all state agencies and authorities who undertake, manage or fund construction projects and may be used by each city or town for ensuring the safety of both publicly- and privately-owned construction projects.

April 3: Some of this is information we posted earlier this week, but note the updated links highlighted, including the final borrower application for the Paycheck Protection Program. 

Assistance for Small Businesses

The Paycheck Protection Program prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses. Small businesses and eligible nonprofit organizations, Veterans organizations, and Tribal businesses described in the Small Business Act, as well as individuals who are self-employed or are independent contractors, are eligible if they also meet program size standards.

• For a top-line overview of the program CLICK HERE
• If you’re a lender, more information can be found HERE
• If you’re a borrower, more information can be found HERE
• Final Borrower Application Form *NEW*
• Lender Electronic Data Form *NEW*
• Paycheck Protection Program – Interim Final Rule *NEW*

Paycheck Protection Program Resources

• SBA Paycheck Protection Program website
• Department of the Treasury CARES Act website

On March 31, 2020, Massachusetts Governor Charlie Baker extended his emergency order to close non-essential businesses and his stay-at-home advisory until May 4. It requires all businesses and organizations that do not provide “COVID-19 Essential Services” to close their physical workplaces and facilities to workers, customers and the public.  In addition, the Administration also updated the “COVID-19 Essential Services” categories.

The list of “essential” construction related activities was modified so that only construction related to housing (including mixed use with housing) and critical infrastructure are now considered “essential.”  

The revised construction-related activities list is:
- Workers performing housing construction related activities, including construction of mixed-use projects that include housing, to ensure additional units can be made available to combat the Commonwealth’s existing housing supply shortage.

– Workers supporting the construction of housing, including those supporting government functions related to the building and development process, such as inspections, permitting and plan review services that can be modified to protect the public health, including allowing qualified private third-party inspections accountable to government agencies.

- Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, inspectors and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, health care facilities, senior living facilities, and any temporary construction required to support COVID-19 response.

- Workers – including contracted vendors – who support the operation, inspection, maintenance and repair of essential public works facilities and operations, including roads and bridges, water and sewer, laboratories, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, and maintenance of digital systems infrastructure supporting public works operations. Critical or strategic infrastructure includes public works construction including construction of public schools, colleges and universities and construction of state facilities, including leased space, managed by the Division of Capital Asset Management; airport operations; water and sewer; gas, electrical, nuclear, oil refining and other critical energy services; roads and highways; public transportation; steam; solid waste and recycling collection and removal; and internet and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services).

- Workers who support infrastructure, such as by road and line clearing and utility relocation, to ensure the availability of and access to needed facilities, transportation, energy and communications.   The previous definition of construction workers was as follows: “
Construction Workers who support the construction, operation, inspection and maintenance of construction sites and construction projects (including housing construction)”.

On March 28, 2020, the Cybersecurity and Infrastructure Security Agency (CISA) issued: Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response

This advisory is being used by states as a guidance document. As of March 30, 2020, Massachusetts and local law enforcement are not stopping engineers, land surveyors and other design professionals from doing their work as long as the work is being done in a way that is consistent with health and safety protocols in the guidance document provided to municipalities and construction sites last week. 

Congress passes CARES Act, Sends to White House

3/27/20 1:30 PM: The US House just passed the CARES Act, sending the package to the White House for the President’s signature.  

CARES Act, section by section summary

Coronavirus Supplemental Appropriations Summary 

Here's some information on the small business provisions. 

Small Business Program Overview

The new law establishes a Paycheck Protection Program to assist qualifying small businesses, nonprofits, and individuals through the Small Business Administration’s 7(a) loan program.  $349B is authorized for 7(a) lending from Feb. 15 through June 30, and SBA would fully guarantee the loans.  Loans would be available during the covered period for:

• Any business, nonprofit, veterans group, or tribal business with 500 or fewer employees, or a number set by the SBA for the relevant industry.  ACEC is seeking clarification on this point – whether SBA will implement the loan program using the traditional size standard for engineering, or something broader.
• Sole proprietors, independent contractors, and eligible self-employed workers would be eligible.

Eligible recipients could receive loans up to $10M or 250% of their average monthly payroll costs, instead of $5M, with interest rates capped during the covered period at 4%.  Loans can be used to cover eligible payroll costs -- salaries, commissions, regular paid leave, and health-care benefits -- as well as mortgage interest and utility payments. Firms would be required to make a “good faith certification” that funds will be used to retain workers, maintain payroll, and pay for rent and similar expenses.  Funds cannot be used to compensate individual employees at an annual rate above $100,000, or to pay for emergency sick or family leave under the second coronavirus response package.

Loan Forgiveness – key elements

• Recipients of SBA-guaranteed loans under the Paycheck Protection Program can apply for loan forgiveness over eight weeks for eligible payroll costs and for mortgage interest, rent, and utility payments -- SBA would pay lenders for any canceled debt plus accrued interest.

• Loan forgiveness would be reduced for businesses that fire employees or cut their pay.

• Canceled debt would be excluded from borrowers’ gross income for tax purposes.

• The measure also would authorize and provide $17 billion for the SBA to pay the principal, interest, and associated fees for loans under the 7(a), 504, and microloan programs for six months.

Disaster Loans 

The package provides $10 billion to expand the SBA’s disaster loan program from Jan. 31 through Dec. 31 to cover businesses, cooperatives, employee stock ownership plans, and tribal businesses with 500 or fewer employees, as well as sole proprietors and independent contractors.  The measure also authorizes SBA to advance up to $10,000 to existing and newly eligible disaster loan recipients within three days of receiving their applications. Recipients could use the advance funds to pay sick leave to employees affected by Covid-19, retain employees, address interrupted supply chains, make rent or mortgage payments, and repay debt. They wouldn’t have to repay the advance funds.

During Governor Baker's 3/27 daily press conference he announced that his office is asking all travelers arriving to Massachusetts to self-quarantine for 14 days. He reported that starting 3/27 info flyers will be available at Logan airport, Worcester airport and South Station. Roadside message boards will also alert drivers.

For the second day in a row, Baker spent time during the press conference to urge the use of telehealth options to more safely facilitate interactions between patients and heath care providers. He reminded the public that his administrator ordered telehealth to be covered by all health insurances and urged everyone to take full advantage of it. The Governor announced a new partnership, with Buoy Health, an online resource for residents to receive medical guidance from the safety of their home. The Governor reminded the public that Bouy Health should not be used in place of emergency medical care and it is free for Massachusetts residents and a tool to get guidance.

3/26/20: The full bill text of the Federal CARES Act, which passed the US Senate on 3/25/20 is available here. To read a section by section analysis of the Act, click here. And click here to view the Senate Appropriations Committee's supplemental summary.

The US House is hoping to act on this bill on March 27.

State Construction Guidelines and Procedures

The state has issued COVID-19 Guidelines and Procedures for All Construction Sites and Workers at All Public Work
These guidelines and procedures were developed in collaboration with the other state awarding entities so that a consistent document is being implemented and followed across the state. They take effect immediately. MassDOT recognizes that many contractors already have them in place. ALL contractors working on state projects will be implementing the same requirements.

Several specific requirements to note:
- At the start of every shift, employees must certify to their supervisor that they are healthy, have had no symptoms in the last 24 hours, has not been in contact with anyone testing positive, and are not under order by a doctor to be isolated.
- Employers are expected to develop their own, workable certification process – which could include verbal check-ins, paper certification, email, or phone call, for example. It is most important that a daily check-in is occurring.

Baker Administration Issues New Construction Guidance to Municipalities Clarifying Construction as an Essential Service 

On March 25, 2020, the Baker Administration issued construction guidance to Massachusetts municipalities overturning all local construction moratoriums. March 25, Governor Baker issued guidance  clarifying that the March 23, 2020 Order “Assuring Continued Operation of Essential Services in the Commonwealth, Closing Certain Workplaces, and Prohibiting Gatherings of More than 10 People” supersedes and makes inoperative any order or rule issued by a municipality that will or might in any way impede or interfere with the achievement of the objectives of this order. “Construction Workers who support the construction, operation, inspection and maintenance of construction sites and construction projects” are deemed essential.

This guidance advises all municipalities that had issued their own directives, policies and regulations in place regarding construction to withdraw their orders.

Link to letter sent to all municipalities.

Note: This letter includes important construction safety guidance related to COVID-19.

On March 25, 2020, Boston Mayor Marty Walsh extended the City of Boston's construction moratorium until further notice, citing safety and health concerns for workers and Boston residents. 

Link to Press Release

Note: This policy only applies to projects permitted by the City of Boston.

New Legislation Proposes Extension of Permits During Current State of Emergency

On March 24, Governor Baker filed H. 4586, An Act to Further Address Challenges Faced by Municipalities, School Districts, and State Authorities Resulting from COVID-19. While the bill addresses several topics, Section 9 of the bill addresses the tolling of permits.  Specifically, the language provides the following:

• No permit is automatically granted, approved, or denied because a local permitting authority does not act within a time period required by law.
• Any permit that is currently valid will not lapse or expire during the state of emergency, and suspends any time limitation on such permits during the emergency.
• Allows applications for permits to be filed electronically, so as to eliminate the need for in-person filing.
• Suspends any requirement that a hearing on a permit application be held within a certain period of time until 45 days after the end of the state of emergency.  

These changes will provide necessary relief to cities and towns that, due to disruptions caused by the state of emergency, are unable to timely process and hear permitting applications. At the same time, these changes balance the needs of residents and developers by ensuring that their current permits are not impaired by the emergency.