Coronavirus (COVID-19)

​AGC of Utah has adopted a voluntary telecommute plan for our staff  at both offices through April 13 (subject to change as events unfold). If you plan on visiting our offices, please call ahead (SLC: 801-363-2753 or St. George: 435-628-1346) so someone can assist you. 

​AGC of Utah COVID-19 Response Actions

• Thursday, April 2, 2020 - Sample COVID-19 Contract Language: AGC is pleased to make available for your consideration the following contract language to help address the challenges COVID-19 may present: 

  • On March 13, 2020, the White House issued Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (the “National Emergency”).  The parties agree and understand that any potential impacts associated with the effects of the National Emergency, including but not limited to supply chain disruptions, manufacturing shutdowns and associated delays, material shortages and workforce shortages, and impacts to availability of required inspections are not yet known and, therefore, have not been included or addressed in this GMP.  All pricing and schedules are based upon work conditions anticipated prior to the National Emergency. The parties agree that any cost or schedule impacts arising from the National Emergency shall be cause for an equitable adjustment to the contract time and the contract price. The Contractor will notify the Owner of any such specific impacts contemporaneously as they are identified.​

• Thursday, April 2, 2020 - ConsensusDocs Contracts Explicitly Addresses Coronavirus Delay Risk AGC partner ConsensusDocs have contract templates that directly address situations such as pandemic impacts on projects. See the below excerpt:

  • "6.3 If Constructor is delayed at any time in the commencement or progress of the Work by any cause beyond the control of Constructor, Constructor shall be entitled to an equitable extension of the Contract Time. Examples of causes beyond the control of Constructor include, but are not limited to, the following: (a) acts or omissions of Owner, Design Professional, or Others; (b) changes in the Work or the sequencing of the Work ordered by Owner, or arising from decisions of Owner that impact the time of performance of the Work; (c) encountering Hazardous Materials, or concealed or unknown conditions; (d) delay authorized by Owner pending dispute resolution or suspension byOwner under §11.1; (e) transportation delays not reasonably foreseeable; (f) labor disputes not involving Constructor; (g) general labor disputes impacting the Project but not specifically related to the Worksite; (h) fire; (i) Terrorism; (j) epidemics; (k) adverse governmental actions; (l) unavoidable accidents or circumstances; (m) adverse weather conditions not reasonably anticipated. Constructor shall submit any requests for equitable extensions of Contract Time in accordance with ARTICLE 8"

• Tuesday, March 31, 2020 - AGC of Utah President/CEO Rich Thorn delivered the following message to our members and industry partners as construction firms across the state continue to comply with state and county guidelines. AGC of Utah members companies should continue keeping the health of their employees and families as their top priority. 
• Tuesday, March 31, 2020 - Critical/essential work employee letter:Many counties and municipalities are enforcing "Stay Safe, Stay Home" directives and public health orders, causing employees to be delayed or stopped from arriving at their worksites. AGC of Utah created a critical/essential work employee letter for member companies to use, showing that construction workers are exempted from the mobility and other restrictions designed to prevent the spread of the COVID-19 virus. 
• Sunday, March 29, 2020 - Salt Lake County Mayor Jenny Wilson issued a Public Health Order which reflects the Governor's "Stay Safe, Stay Home" Directive. Under the SLC County directive, construction is considered "Essential Infrastructure" and a "Critical Trade". Construction should remain open with the provision that every employee should keep 6 ft of social distance between themselves and others. See Pages 12 and 15 for more information. Salt Lake County also has guidance for specific industries - see SLCO's guidance for construction.
• Friday, March 27, 2020 - UDOT Executive Director, Carlos Braceras released a message stating UDOT's current direction and desire to continue to move forward with their projects while maintaining the safety of their employees and contractors.
• Friday, March 27, 2020 - Governor Gary R. Herbert announced a statewide "Stay Safe, Stay Home" Directive. The directive is not a shelter in place order but rather "seeks to make clear what individuals and businesses should do to slow the spread of COVID-19 in our state and communities".
• Friday, March 27, 2020 - President/CEO Rich Thorn released the following video encouraging our members as we all continue to work and build the economy during the pandemic. 

• Friday, March 27, 2020 - AGC of America released an analysis of the the newly passed Coronavirus Aid, Relief, and Economic Security (CARES) Act, which summarizes and details how the act will affect construction firms and members companies. See the full document here.
• Friday, March 27, 2020 - Senator Mike Lee shared with our office the following resources. These one-pagers answer questions about the CARES Act which passed the Senate on Wednesday, March 25th. 
  • Impact on Big Businesses
  • Impact on Small and Mid-Sized Businesses
  • Resources for Americans
• Thursday, March 26, 2020 - Governor's Gary Herbert & the Utah Economic Response Task Force released the "Utah Leads Together" plan, which lays out the phases, measures, and recommendations Utah's government will follow to guide the state towards economic success and community health. AGC of Utah was included in the Utah Industry Resource Committee that helped advise certain portions of the plan. 
• Thursday, March 26, 2020 - Summit County put into place a Stay-At-Home Order for all individuals living within the county borders. Section 7-C allows individuals to leave their residences to provide "Essential Infrastructure". The following is the full text from the Summit County Stay-At-Home Order: 
  • "C. For purposes of this Order, individuals may leave their residence to provide any services or perform any work necessary to the operations and maintenance of “Essential Infrastructure,” including, but not limited to, public works construction, residential and commercial construction, airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services), provided that they carry out those services or that work in compliance with Social Distancing Requirements as defined this Section, to the extent possible. In residential and commercial construction and the regulation of construction sites, the restrictions and limitations in Public Health Order 2020-02 shall continue to apply."​
• Wednesday, March 25, 2020 - Rich Thorn, President/CEO sent Governor Gary Herbert and other state leaders a letter thanking our governor for his leadership and support of the construction industry. 
• Wednesday, March 25, 2020 - AGC of Utah representatives visited with Governor Gary Herbert, Senate President Stuart Adams and Speaker of the House Brad Wilson to discuss mitigating the effects COVID-19 will have on the construction industry. One of their topics of conversation was thanking our state leaders for their continued support of the construction industry during these uncertain times.
• Monday, March 23, 2020 - AGC of Utah and 18 other Utah construction associations sent a letter to Governor Gary R. Herbert asking him to recognize construction as an "essential service". If accepted, construction firms will continue to work and remain open during the pandemic. AGC of Utah's members are committed to "flattening the curve" by maintaining the health and safety of our entire industry while also keeping projects and jobs open. 
• Friday, March 20, 2020 -  AGC of Utah representatives joined the Governor's Press Conference discussing actions taken to lessen the spread of COVID-19.
• Friday, March 20, 2020 - UDOT shared the department's Direction to Consultants & Contractors to address UDOT's projects during the pandemic.
• Friday, March 20, 2020 -  AGC of Utah received this letter from the Utah League of Cities & Towns which commits the ULCT to maintain services where possible.
• To help lessen the spread of COVID-19, AGC of Utah has postponed or reformatted certain events through April to comply with recommendations from our government leaders. Some committee meetings are being postponed, while others are being conducted by phone or teleconferencing technology. Look for specific committee notices if you are part of any of AGC of Utah’s 13 committees.

• By April 1, 2020, The Coronavirus Aid Relief & Economic Security (CARES) Act will begin accepting requests for the two loan programs available: 
• https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources
  • Loan #1  - (EIDL) ECONOMIC INJURY DISASTER LOANS
    • Funded by SBA.
    • Small Business, private non-profit.
    • Up to $2 million per loan.
    • Up to 30 year maturity.
    • NOT to be used to refinance long term debt, lost profits, lost sales or for expansion.
  • Loan #2 - 7 (a) LOAN ENHANCEMENT
    • Managed by SBA Funded by SBA Lenders in UT.
    • $349 Billion available/ Maximum $10 Million per small business.
    • Effective period Feb 15, 2020 through June 30, 2020.
    • Forgivable loan if guidelines are adhered to.
    • Uses: payroll (capped at $100K per employee), mortgage payments, rent, utilities, interest on preexisting loans.
    • Eligible entities: small businesses, non-profits, sole proprietors, independent contractors and self-employed.

• COVID-19 Toolbox Talk - AGC has included a Toolbox Talk centered on COVID-19 for use by your teams to help share accurate information about this issue. Please take the time to talk to your teams about good hygiene and social distancing practices that can protect them and their loved ones. 
• Essential Employee/Work Document - Many counties and municipalities are enforcing "Stay Safe, Stay Home" directives and public health orders, causing employees to be delayed or stopped from arriving at their worksites. AGC of Utah created a document for member companies to use, showing that construction workers are exempted from the mobility and other restrictions designed to prevent the spread of the COVID-19 virus. 
• AGC COVID-19 WebEd –  Latest Developments and Impact on the Construction Industry - Beginning Monday, March 23, AGC will host an 8-part webinar series on the “Factors that Construction Companies Need to Consider, as They Strive for Business Continuity”. More detailed info on the webinar series and how to register can be found here.
• SBA Offers Disaster Assistance Loans to Utah Small Businesses Economically Impacted by COVID-19 - Small businesses are hit especially hard in times such as these. Here is a resource and option for all small businesses to consider during the COVID-19 outbreak.
• Utah Business Resources - How to navigate the recent mandates and laws created in response to COVID-19. 
• Governor's Office of Economic Development has the Business Services webpage, a resource for businesses to support them throughout the pandemic and into the future.
• The Department of Workforce Services created a dedicated webpage to help answer employment questions and offer recruitment support in response to COVID-19. 
• If you are a contractor that operates in multiple states, or want to see what orders other states have put in place, the National Governors Association website is a great resource.

OSHA Provides Guidance on Recording Workplace Exposures to COVID-19 

OSHA recordkeeping requirements at 29 CFR Part 1904(link is external) mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log.

COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are met:

1. The case is a confirmed case of COVID-19 (see CDC information(link is external) on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
2. The case is work-related, as defined by 29 CFR 1904.5(link is external); and
3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7(link is external) (e.g. medical treatment beyond first-aid, days away from work).

For more information, click here.

AGC has assembled general guidance and links to information from our federal agency partners and health organizations. AGC will continue to monitor the situation and update the information on this page accordingly.

Background
Reports surrounding the coronavirus (COVID-19) have caused concern among AGC members and the general public. As of March 3, 2020, fewer than 90,000 people worldwide have been diagnosed with COVID-19 with slightly more than 100 in the United States. While those numbers are sure to rise, keep in mind that this flu season the USA alone has seen over 32 million people come down with the flu and over 18,000 of them have died. There is no telling if the coronavirus will reach or exceed those levels, but it currently has a long way to go. Much like the flu, we can all take positive steps to to prepare.  AGC has assembled general guidance and links to information from our federal agency partners and health organizations. AGC will continue to monitor the situation and update the information on this page accordingly.

What is COVID-19?
Coronaviruses are a large family of viruses that are common in people and many different species of animals, including camels, cattle, cats, and bats. Rarely, animal coronaviruses can infect people and then spread between people such as with MERS-CoV(link is external), SARS-CoV(link is external), and now with this new virus (named SARS-CoV-2). The virus that causes COVID-19 is spreading from person-to-person in China and some limited person-to-person transmission has been reported in countries outside China, including the United States. However, respiratory illnesses like seasonal flu, are currently widespread in many US communities.

Symptoms of COVID-19
Reported illnesses have ranged from mild symptoms to severe illness and death for confirmed coronavirus disease 2019 (COVID-19) cases.

Symptoms may appear 2-14 days after exposure*:

• Fever
• Cough
• Shortness of breath

*This is based on what has been seen previously as the incubation period of MERS-CoV viruses.

Call your healthcare professional if you develop symptoms, and have been in close contact with a person known to have COVID-19 or if you have recently traveled from an area with widespread or onging community spread of COVID-19.

Additional Resources
Interim Guidance for Businesses and Employers
OSHA Resources
World Health Organization