ECA Newsletter 12-22-17
Updates On Debris Removal
For the past several weeks, I have attended weekly meetings with FEMA, Army Corps of Engineers (USACE), CALOSHA, CALOES, and the EPA in order to get apprised of the latest developments and status of debris removal in Sonoma, Napa, Lake, and Mendo Counties.
I would like to share some Facts that have come out-for brevity, I have shortened the explanation provided by FEMA:
Task Orders were issued by USACE based on “pre-disaster Advanced Contracting Initiatives” Current debris removal task orders have financial limits. ECC, which started debris removal first, is approaching the limit of its task order. AshBritt has also received a task order and will continue to conduct debris removal until their task order reaches its financial limit sometime around January 5, 2018. AshBritt will work in all four counties in which USACE manages debris operations.
- Removal of fire-related debris from structures destroyed by fire in Lake, Mendo, Napa, and Sonoma Counties is managed by USACE and EPA under FEMA direction. The work related to removal of fire-related debris is considered “service related work” in accordance with the FAR (Federal Acquisition Regulation)
- Debris removal contracts are only subject to the Davis-Bacon Act where the debris removal is to be followed by the construction of a public building or public work at the same location by a Federal agency or with Federal grant funds subject to the Davis-Bacon Act. The Davis-Bacon Act does not apply to debris cleanup operations.
- Wages are set in accordance with the Service Contract Act-in the short version of this, wages are developed based on available data that demonstrate the prevailing rates in a specific locality.
- Safety-Level C protective attire will be required on each site. Air monitoring is done continuously. A “Site Safety and Health Officer” is on site at all times. Any concerns with safety or environmental health can be addressed by USACE on their Debris Removal Information Line 877-875-7681
To date, 1185 sites have been cleared in Sonoma County and 557 sites have been “returned to the County” by ACOE. 447,005 tons of debris have been removed in Sonoma County. 4540 Right of Entry forms have been filled out in Sonoma County with 4072 of those processed.
No work will be done on Christmas Day or New Years Day.
That’s All Folks!
Licensed Contractors and Subcontractors:
I have participated in a seminar with the FBI, the District Attorney, and the head of the California State License Board amongst others. We have followed up that original meeting with a telephone conference call on Thursday, 12-22-17. Some of the issues discussed:
- Contractors must possess a valid California Contractors License to do debris cleanup
- A license is required, or C-21 or a B license if and only if the same B license contractor is going to build or rebuild on the property being cleared.
- There are many folks out there looking for unlicensed contractors.
- It is likely we will see more agents from California State License Board, Department of Industrial Relations, CalOsha, and the Labor department checking for compliance and following up on leads given to those agencies about possible licensing violators.
- Some “Sweeps” have been done, and some “Stings” are being planned to catch out of state and improperly licensed folks posing as legitimate contractors.
AB 1701 Goes Into Effect 1-1-18 What does it mean? For private works contracts entered on or after January 1, 2018, a “direct contractor” (i.e., prime contractor or contractor who has direct contractual relationship with an owner) must assume and be liable for any debt which its subcontractor or a lower tier subcontractor incurs “for [a] wage claimant’s performance of labor included in the subject of the contract between the direct contractor and the owner.”