Page 13 of 14
Phase I of reopening does include all construction activity. All NYSERDA contractors
specifically engaging in construction activity are required to, without limitation, adhere to and
attest to the New York State Department of Health (NYS DOH) Interim Guidance for
Construction Activities During the COVID-19 Public Health Emergency prior to commencing
work on NYSERDA clean energy construction projects. The attestation is embedded within the
Guidance Document and NYSERDA advises that contractors maintain a copy of such attestation
for their records. Also, as included in the NYS DOH Construction Guidance, for all contractors
performing construction activities, completed safety plans must be conspicuously posted on a
project site. The State has provided a template to assist in developing Business Safety Plans,
which is available through the NY Forward website as well as NYSERDA’s COVID-19
webpage. While these plans are not required to be submitted to NYSERDA or a State agency for
approval, they must be retained on the premises of the business or construction site and must
made available to the NYS DOH or local health or safety authorities in the event of an
inspection.
In accordance with Executive Order 202.31, business activities may only commence for New
York State regions that have been deemed reopened and is limited to only those activities
approved for reopening. For state regions and activities that remain on PAUSE, or for reopened
areas that revert back to PAUSE, NYSERDA continues to direct a pause in work until that
region is re-opened for all NYSERDA contractors performing program activity pursuant to a
NYSERDA contract or program, requiring in-person presence at a project site, that is not
explicitly permitted under State directives or guidance.
During this time of uncertainty, NYSERDA is committed to working collaboratively with its
Contractors to address contractual obligations when performance under the contract may be
suspended or delayed due to COVID-19-related limitations in business activity that are beyond
the reasonable control of either NYSERDA or the Contractor.
NYSERDA takes health and safety issues of its contractors and program participants very
seriously and will strictly enforce compliance with Executive Order 202.31, and any relevant
subsequent Executive Orders, and this guidance, as well as existing contractual obligations that
require NYSERDA’s contractors to comply with all general and special Federal, State, municipal
and local laws, ordinances and regulations that may in any way affect the performance of
agreements executed with NYSERDA. Accordingly, non-compliance may give rise to
disciplinary action, which may include, without limitation:
- orders to stop work;
- immediate termination of the Agreement;
- a determination of ineligibility to participate in one or more NYSERDA program
efforts, on either a temporary or permanent basis;
- reporting of non-compliant activity to enforcement authorities, including but not
limited to the NY Forward online complaint submission form, which will result in
investigation and, if credible, enforcement.