Welcome to our newsletter! You will find important updates and industry related news, along with upcoming speaking events and educational opportunities. Thank you for your interest in CCMI.
Sincerely,
Deborah Wilder
CCMI President
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WHATS NEW?
In the aftermath of the California wildfires last year, I have been bombarded with questions as to if and when prevailing wages apply to the trimming of trees, thinning of forestland, and clearing of burned trees.
The answer actually starts in 2006 with a DIR decision that the trimming and thinning of trees for fuel reduction was not subject to prevailing wages. The California Labor Code subsequently was amended to include tree maintenance as something for which prevailing wages are due. In 2011 the DIR (and the courts) confirmed that Reliable Tree Experts must pay prevailing wages for trimming trees along the highway under the definition of maintenance. It seems clear that routine trimming and maintenance of trees, including for a set-back along roadways is subject to prevailing wages, while a one-time clearing of timber or debris may not be subject to prevailing wages.
In 2016, the DIR issued a coverage determination that clearing away the burned timber from the "Valley Fire" was not routine maintenance and did not alter the character of the land. Therefore, clearing the burned timber was not subject to prevailing wages.
More recently, we obtained clarification for one of our clients that entering into a timber harvesting contract to thin trees on property owned by the public entity was not routine maintenance, nor altering the land, and not subject to prevailing wages.
Please note that timber harvesting does not trigger federal prevailing wages in federal forests. However, building logging roads to transport the trees, IS subject to federal Davis Bacon prevailing wage requirements.
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UPCOMING SEMINARS AND SPEAKING OPPORTUNITIES
Join CCMI at some of our 2019 Training Opportunities
April 11th, 9 a.m. - 4 p.m.
What Every Contractor Should Know About Prevailing Wages, Sacramento. Sponsored by Associated Builders and Contractors of Northern California. Contact
www.abcnorcal.org
for more information.
April 14-17. NACE Conference
, Wichita, Kansas. Join CCMI as it exhibits and participates in this national conference for County Engineers. For more information:
www.countyengineers.org
April 23-24, P3 Water Summit
, San Diego. Join CCMI as we exhibit and participate in this event promoting Public Private Partnerships in the construction of water resources. Contact: www.p3watersummit.com
May 28-31, LCPtracker Ignite Annual Conference, Huntington Beach, California. Deborah Wilder and Jessica Finau will be conducting several workshops for Public Agencies and Contractors on May 29 and 30. Do not miss out on this great conference. For more information and to register, contact
Want to schedule your own prevailing wage workshop?
We will customize a workshop or webinar for you and your Agency/Company. Contact us at
:
info@ccmilcp.com
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FROM THE INBOX....
You asked, we answered!
QUESTION: Is it possible for a county or city to impose its own prevailing wage requirements?
ANSWER:
Yes, there are several states that do not have their own prevailing wage rates, but there are cities and counties which have imposed prevailing wage requirements. For example, the City and County of Denver have a prevailing wage requirement even though the rest of the state has no prevailing wage requirements. In Texas a local entity has the right to "opt-in" to adopt prevailing wage rates for public works projects. CCMI came across this a number of years ago when the Houston School District adopted prevailing wages for their school bond projects. Texas uses the federal Davis Bacon rates and allows local agencies to choose whether to impose those prevailing wage requirements. Finally, in California where there are already very stringent prevailing wage rules, the City of San Jose imposes greater penalties for prevailing wage violations. The City of Oakland and San Francisco impose additional documentation requirements and local hiring programs to their public works projects.
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CCMI is not just another firm....
We are not merely a "consulting" firm, but rather a team of individuals who understand the needs of the Public Entity and contractors to "get the project done." Our staff includes retired contractors, auditors, attorneys and industry veterans.
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