COVID-19 Weekly Update

ACEC California will provide a weekly update on matters related to the COVID-19 crisis. We realize everyone is inundated with messages about this pandemic, so unless we have a pressing message, we will put it all in a weekly update on Thursdays. Please look at our staff directory , and always reach us if you have questions. DON’T FORGET OUR WEBINAR AT 5PM TODAY! SEE DETAILS BELOW!

COVID 19 – Updated Summary of California State Actions

This is an updated document NIELSEN MERKSAMER PARRINELLO GROSS & LEONI LLP (our ACEC California contract advocacy firm) prepared on April 2, 2020, that outlines all of the actions the state has taken on the COVID-19 threat.

New Order from San Francisco Bay Area 

On March 31, the Bay Area counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara issued a stricter stay-at-home order that is in effect through 11:59pm, May 3.

The new order is more restrictive than both the state and federal orders and limits the exemption for construction and construction-related services to those specifically named. Public agencies, additionally, will have to designate their public works projects as essential for workers to avoid the stay-at-home order. A summary, full text of the order, and FAQs can be found here.

The new order is broad enough to cover all the services that ACEC California members provide. However, it limits construction to only certain types of projects:

“Construction, but only of the types listed in this subparagraph below:

Projects immediately necessary to the maintenance, operation or repair of Essential Infrastructure;
Projects associated with Healthcare Operations, including creating or expanding Healthcare Operations, provided that such construction is directly related to the COVID-19 response;
Affordable housing that is or will be income-restricted, including multi-unit or mixed-use developments containing at least 10% income-restricted units;
Public works projects if specifically designated as an Essential Governmental Function by the lead governmental agency;
Shelters and temporary housing, but not including hotels or motels;
Projects immediately necessary to provide critical non-commercial services to individuals experiencing homelessness, elderly persons, persons who are economically disadvantaged, and persons with special needs;
Construction necessary to ensure that existing construction sites that must be shut down under this Order are left in a safe and secure manner, but only to the extent necessary to do so; and
Construction or repair necessary to ensure that residences and buildings containing Essential Businesses are safe, sanitary, or habitable to the extent such construction or repair cannot reasonably be delayed;”

Additionally:

“The intent of this Order is to ensure that the maximum number of people shelter in their places of residence to the maximum extent feasible to slow the spread of COVID-19 and mitigate the impact on delivery of critical healthcare services to those in need. All provisions of this Order must be interpreted to effectuate this intent.”

Therefore, the exemptions appear to be limited to those employees working on-site or otherwise in support of an exempted project. All others should be working remotely. Any jobsites or workplaces must abide by social distancing protocols. Attorneys in our industry also recommend that the guidelines your firm institutes follow Cal/OSHA guidelines. In the unfortunate situation where a worker contracts COVID-19 on a jobsite, it will be important to demonstrate that firms followed Cal/OSHA guidelines. The law firm, Clark Hill has a good resource page on their website and has offered to put on a webinar about the new laws in California surrounding this crisis. Stay tuned for more information as we are planning that.

Ultimately, firms must set their own guidelines and make these decisions for themselves, taking each project and all factors into account. Firms should be reaching out to clients to discuss. Again, the exemptions are to be interpreted in accordance with the stated intent of allowing the maximum number of citizens to shelter in place at their residences.

Caltrans Construction Update

Despite rumors to the contrary, Caltrans has made it clear that they are definitely moving ahead with their projects, even in the Bay Area jurisdictions with stricter shelter-in-place restrictions. The Caltrans memo from March 25 still stands.

Caltrans additionally produced a memo providing for extended lane closures effective immediately and until the stay-at-home orders are lifted

Temporary Procedure for Consultant Selection from Caltrans

Attached is the A&E Temporary COVID-19, Consultant Selection Process Changes Notice, along with the new A&E contract Attendee Representations and Warranties Certificate  template. This template is referenced in the Notice and will be required for each interview using the temporary process.

Virtual Happy Hour Sponsored by Federal PAC - FREE WEBINAR  

Speak with National Advocates about what the Federal Stimulus Package Means for Your Businesses - April 2nd, 2020

These are challenging times, given the COVID-19 crisis. Our ACEC California Federal PAC Committee is hosting a virtual HAPPY HOUR with our ACEC National advocates featuring Steve Hall (Senior Vice President for Advocacy), Katharine Mottley (Vice President for Tax and Regulatory Affairs), and Matt Reiffer, Vice President for Transportation Programs) from 5:00-6:00 pm PST on Thursday, April 2nd. This is a conversation with our national advocates about the recently passed federal stimulus package, CARES Act . We encourage you to listen in advance to this 14-minute podcast with Steve Hall, and then join us for this virtual HAPPY HOUR where our advocates will elaborate on the subject and allow questions from our membership. Here is a summary of that legislation.

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Please check out the Federal PAC Spring Sweepstakes. As we continue to practice safe social distancing, business must continue and so must our efforts to raise funds for our Federal PAC. Your consideration is greatly appreciated.

Assistance for Small Businesses

We reported this on Tuesday, but we think it is important to reiterate. Related to the CARES Act, the White House released the following information regarding the small business assistance program under the Paycheck Protection Act, which is part of the CARES Act signed into law last Friday. We urge those that qualify to contact their lenders as soon as possible to start the application process.

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. In the case of engineering firms, firms with fewer than 500 employees would qualify.

A top-line overview of the program can be found HERE

Lender information can be found  HERE

Borrower information can be found   HERE

The application for borrowers can be found   HERE