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October 5, 2013 • Vol. IX • No. 20 • 470 Maryland Drive • Ft. Washington, PA 19034 • 215/885-2900 • Toll Free 800-523-2200 • Fax 215/885-2910
Inside
Desalination Plant Worth More Than Grain of Salt By Lori Lovely CEG CORRESPONDENT
GOMACO Crowns Champs at Invi tational...8
Caterpillar-Sponsored Vessel Tracks Shark...20
ConExpo Retro See page 44 for an ongoing series of highlights from past ConExpos as they were reported in the pages of CEG.
Table of Contents ..................4 Off-Road Truck Section..23-31 California Section ..........35-37 Paving Section................51-61 Auction Section ..............65-73 Business Calendar ..............66 Advertisers Index ................74
Currently under construction, the Carlsbad Desalination Project will become the nation’s largest seawater desalination facility when it’s completed, providing an estimated onethird of all locally generated water in San Diego County. In addition to the plant, a 10-mi. (16 km), large-diameter conveyance pipeline to the Water Authority’s Second Aqueduct in San Marcos is being constructed by Poseidon Resources, a private, investor-owned company that develops water and wastewater infrastructure.
In addition to the plant, a 10-mi. (16 km), large-diameter conveyance pipeline to the Water Authority’s Second Aqueduct in San Marcos is being constructed by Poseidon Resources, a private, investor-owned company that develops water and wastewater infrastructure.
“We’re trying to diversify our water supply,” said Frank Belock, deputy general manager of the Water Authority. Recent droughts have encouraged the Water Authority to include several optional sources for water, including conservation. Desalinated water is expected to account for 7 percent of the area’s total supply by 2020. “Seawater desalination will provide a local, drought-proof supply of water to our semi-arid region and will improve the reliability of San Diego County’s water supply,” said Gina Molise, senior public affairs representative see PLANT page 50
ASA Supports Court Decision ARB to Enforce Denying Transfer of Case In-Use Off-Road A federal appeals court was correct in its decision not to dismiss or transfer a case from its Texas venue — where a construction project and all of its subcontractors were located — to a far off jurisdiction in Virginia where the general contractor specified in its subcontract that any dispute resolution must take place, the American Subcontractors Association told the U.S. Supreme Court. The Supreme Court, ASA said in its amicus brief filed on Aug. 23 in support of the subcontractor in Atlantic Marine Constr. Co. v. J-Crew Management Inc., should affirm the judgment of the U.S. Court of Appeals for the 5th Circuit. “Forum selection clauses in construction contracts are unenforceable under the laws of both Texas and Virginia when the clause requires litigation to proceed in a
forum outside the state where the project was located,” ASA wrote. In the construction industry, out-ofstate general contractors commonly require their subcontractors to sign forum-selection and choice of law clauses, arguing that it’s more convenient and less expensive for them to resolve disputes in a jurisdiction of their choice. “Subcontractors are often left with the choice of accepting boilerplate terms in a subcontract form provided by the general contractor or losing the subcontract to a local competitor,” ASA told the Supreme Court. “In the best of times this is little of a choice. And in difficult economic times, there is really no choice at all for a company needing work to stay alive.” ASA argued in its brief that Atlantic see ASA page 70
Vehicle Regulation On Sept. 13, 2013, the U.S. Environmental Protection Agency (U.S. EPA) granted authorization to the California Air Resources Board (ARB or Board) to enforce all provisions of the In-Use Off-Road Diesel Vehicle Regulation (Off-Road Regulation). The OffRoad Regulation was originally approved by the Board in May 2007, and amended in Jan. 2009, and Dec. 2010. ARB has been enforcing the reporting, labeling, sales disclosure, and idle limitation requirements, and this advisory informs owners and operators of off–road vehicles operating in California as to how ARB staff will proceed with enforcement of the adding vehicles and emission performance requirements. Greg Scott, vice president of Western Rentals, Fontana, Calif., thinks this could spell trouble for consee EPA page 48