ISSUE 11/VOLUME 217
THE NEXT GENERATION OF CONSTRUCTION LEADERSHIP
Strength We D W Do the h H Heavy LLifting. if i
Keeping Score—Current Legislation Vetoed/Signed and How it Affects You p.18
Photo Opp: EUCA Members Show Off Their Jobsites p.26
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S O L U T I O N S
State Fund’s P R E V E N T I O N
R R E E P P A A II R R
P R E V E N T I O N
State Compensation Insurance Fund is not a branch of the State of California.
C A R E
C O V E R A G E
State Fund’s Alternative Dispute Resolution Program (ADR) provides exceptional workers’ compensation insurance with “no-hassle,” cost-control measures for union employers. This program allows eligible employers enhanced benefits, an immediate discount on premiums, while providing comprehensive coverage for employees. For details on the ADR system and other program features, call your insurance broker, or Cathie Hastings at State Fund Group Programs at (800) 533-6868.
2011 EUCA BOARD OFFICERS
President ......................................................Rob Layne Vice President/President-Elect ................. Mike McElroy Secretary/Treasurer ................................. Mike McElroy Secretary/Treasurer-Elect......................Michael Ghilotti Past President (2010) .......................... Christian Young
NOV/DEC 2011 ISSUE 11, VOLUME 217
6 UP Front
Projects of the Year By Rob Layne, EUCA 2011 President
Unity As A Strategy By Mark Breslin, EUCA CEO
Nikki Affinito, Union Bank; Kevin Albanese, Joseph J. Albanese, Inc.; Jami Brady, BakerCorp; Don Cabianca, Cal State Constructors, Inc.; Jerry Condon, Condon-Johnson & Associates, Inc.; Michael Ghilotti, Ghilotti Bros., Inc.; Greg Gruendl, Ray’s Electric; Rob Layne, O.C. Jones & Sons, Inc.; Steve Lydon, TerraCon Pipelines Inc.; Mike McElroy, FMG, Inc.; Robert Purdy, RGW Construction, Inc.; Danny Wood, Jr., D. A. Wood Construction, Inc.; Christian Young, D.W. Young Construction Co., Inc.
EUCA COMMITTEE CHAIRS Associates: Nikki Affinito (Associate Director), Union Bank; Jami Brady (Associate Director-Elect), BakerCorp | Caltrans: Michael Ghilotti (Chairman), Ghilotti Bros., Inc. | Government Relations: Gary Andrews (Chairman), Amos & Andrews, Inc. | Labor/Collective Bargaining: Mike Fuller (Chairman), Mountain Cascade, Inc. Steve Geney (Co-Chair), Ghilotti Construction Co. | Safety & Insurance: Gary Rudy (Chairman), Duran & Venables, Inc. | Scholarship: Leslie Cusimano (Chair), Joseph J. Albanese, Inc., Janice Lajoie (Co-Chair), GE Capital
EUCA STAFF Mark Breslin, Chief Executive Officer; Leslie Lord, Deputy Director; Kelly Montes, Executive Assistant; Randy Ruby, Director of Labor Relations; Ruby Varnadore, Labor & Member Services Representative; Galina Velikovich, Labor Relations Advocate; Shelbie Tieman, Director of Finance & Administration; Terese Pollock, Finance Assistant; Jami Moore, Member Services Coordinator; Stacy Anderson, Director Communications, Events & Education; Denise Ramirez, Education & Website Manager; Joan O’Brien, Education Coordinator; Jenn Rogers, Event Manager, Michaela Bammer, Event Assistant; Michelle Vejby, Publications Manager; Emily Cohen, Director of Government Relations; Mallori Spilker, Government Relations Assistant; Kevin Pedrotti, Legislative Advocate
Your HR Cheat Sheet; 2012 Union Holiday Calendar; Labor & Member Services FAQs By EUCA’s Labor & Member Services Team
14 INSIDE the Capitol Do They Hear Us Now?
By Emily Cohen, Director of Government Relations
Legislative Scorecard By EUCA’s Government Relations Team
22 RED TAPE
Year End CARB Checklist By Tony Dorsa, EUCA’s Regulatory Consultant
EUCA Members At Work 2011
EUCA BOARD OF DIRECTORS
WWW.EUCA.COM NOV/DEC ISSUE VOLUME
2011 11/ 217
THE NEXT GENERATION OF CONSTRUCTION LEADERSHIP
Strength We Do tthe W he Heav Hea Heavy eavyy Lifting. Lifti g.
Keeping Score—Current Ke Legislation Vetoed/Signed Le and How it Affects You p.18
Sal Rubino Golf Classic S
Photo Opp: EUCA Members Show Off Their Jobsites p.26
EUCA Digger Magazine (ISSN: 1086-5004) is published monthly, except December, by the Engineering & Utility Contractors Association, 17 Crow Canyon Court, Suite 100, San Ramon, CA 94583. Editorial comments, letters, and article submissions are welcomed and encouraged. Correspondence should be directed to the EUCA office at the above address, by phone at (925) 855-7900, by e-mail at firstname.lastname@example.org or by fax at (925) 855-7909. Reproduction of editorial material in this issue is permitted if accompanied by proper source credit. Periodicals postage paid at San Ramon, CA and other offices. Postmaster: Send address changes to: EUCA Digger Magazine, 17 Crow Canyon Court, Suite 100, San Ramon, CA 94583. © 2011 Published in the U.S.A.
More Inside: www.euca.com
34 NEXT UP 36 WE ARE EUCA 39 MEMBER NEWS 42 LAST CALL
By Rob Layne, EUCA 2011 President, O.C. Jones & Sons, Inc.
front Projects of the Year This
m month’s magazine features Projects of the Year. This is a good opportunity to consider Y what it takes to build any project. The design, planning, coordination, logistics, effort, and risk involved with building a job are taken for granted by those in the industry every day. But if you really think about all of the balls being juggled to complete a project, you realize that it is truly an amazing process. Add other variables such as weather, availability of resources, changing regulations, and inspectors to the mix, and it’s a wonder the project ever comes together at all. Of course, our industry is
Highway 205 Widening, Tracy: O.C. Jones & Sons, Inc.
...design, planning, coordination, logistics, effort, and risk .... weather, availability of resources, changing regulations ... it’s a wonder the project ever comes together at all. 6 WWW.EUCA.COM
unabashedly confident enough that, when presented with all of the above, our response is, “No problem. In fact, we can do that faster and cheaper than the other guys.” We take on the challenge of building a project anywhere, whether it’s downtown San Francisco, or a remote location where even the back roads don’t exist. I am a guy who enjoys driving those back roads whenever I can. Of course, this is not an endearing trait to my wife when we’re trying to get somewhere, but I like to see what’s going on away from the beaten path. I am intrigued every time I come across something like an old bridge carved into the mountainside with “1924” stamped into the abutment. Reflecting how they were able to build that bridge, before D-9’s and concrete pumps, really lends perspective to what it took to build a project back then. Contractors had to rely on brain power instead of horsepower, and the successful ones made sure they paid attention to the basics: safety, quality, schedule and cost. Obviously, the world has changed since then. Many of the challenges faced by contractors today have either changed dramatically or did not even exist 30 years ago. It is true that we have the luxury of horsepower and technology that wasn’t available then, but the scope and complexity of projects today still require brain power and attention to basics to be successful. It is easy for any project team to lose track of the fact that they are there to build a project safely, on time and on budget. The maze of agencies, regulations and paperwork requirements involved in building a project can be truly overwhelming. I am reminded of the far reach of our government agencies when I try to put gas in my lawn mower with my CARB approved gas can and only manage to dump gas down my leg instead. Seemingly well intentioned regulations always have a way of spiraling into incredible burdens, especially here in California. It is unbelievable to me that you cannot even replace your old hot water heater without getting permission from your
local government and, of course, paying them a fee. The good contractors today are able to address these regulations and requirements while still paying attention to the basics. The smart contractor looks to EUCA not only for guidance through the current regulatory environment, but also for leadership in shaping both current and future regulations that impact our ability to stick to the basics. EUCA is proud to feature Project Photos of the Year in this issue. All involved with these projects should be commended for their part in producing the final product. Like our members, our association is also committed to sticking to the basics. EUCA exists solely to address the needs of its members, including labor relations, government advocacy, regulation and safety services, or education and training. We put great effort into reviewing our performance, and constantly seek ways to improve our organization and our industry. We are a dynamic group that is not afraid to use our ability to change and adapt when needed to provide the best representation to our members. As such, we welcome those like-minded members who are joining with us to re-shape this organization for the next generation of leadership in the construction industry. ◆
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Sacramento, CA Reno, NV Las Vegas, NV Houston, TX
800/548-0688 877/809-6492 877/809-6493 866/247-9449
By Mark Breslin, EUCA CEO
Unity As A Strategy In
1 1983, after working for Homer J. Olsen Engineering, I interviewed for a job with E EUCA, meeting with five contractor members of the Board. I remember that night for two reasons. First, was that I should never have interviewed with contractors while wearing a 3-piece suit; but more importantly, I remember how I felt after the interview. As I walked out the door I thought — I want to work for these guys. They really care about this thing they’re doing…a lot. 27 years later I know what hooked me. I was able to feel, even then, that the members defined the association. In personality. In values. In teamwork and camaraderie. The raw edge of intense competition combined with the unity of focus and purpose. A complex but very powerful Unity. Talent. Resources. mix that forever has the imprint of hundreds Respect. Results.... Unity as a if not thousands of members over these years.
strategy is pretty hard to beat.
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Again, the industry is changing and the association must also adapt. Contractors need more unity in representation and better solutions. The best way to this end is to continue to focus on unity and strength. On this subject, and for the past eight months, discussions between our organization and the AECE (Association of Engineering Construction Employers) have been held on combining forces. This follows 20 plus years of mutual cooperation
in labor relations and negotiations where our contractors believe in the same desired interests and outcomes. The driving motivation is to gather together all the leading union affiliated contractors of the industry under one organization. One that will serve as an advocate for the industry, a respected partner with the unions and a more powerful force with regard to government, funding and legislation. So, what is likely to be gained by the contractors and industry? Unity. Talent. Resources. Respect. Results. What is most vital to preserve? Members first values. A total service commitment. Our get-it-done momentum and drive. Unity as a strategy is pretty hard to beat. A more cohesive industry means better business outcomes for contractors. As I learned that night long ago—it is all about the members and what they need. This is the foundation that has created our success and will also govern our future. ◆
Along the way, the industry has changed, and the association has changed. We went from being the Underground Contractors Association in San Jose and then Dublin (located proudly in a strip mall between a Marine Recruiting Station and a dog grooming parlor), to becoming one of the largest union affiliated contractor associations in the United States. In 1989 we changed our name, expanded to represent a larger base of contractors and grew in new areas, new services and representation. We gained the confidence and affiliation of many more. And still the association remained all about the members as we faced decades of challenges and changes.
Thank you for helping make Flatiron ENR California’s Contractor of the Year. We can’t take all the credit.
Every Flatiron project depends on so many people for its success.
Subcontractors & Suppliers
Flatiron Employees Partners & Designers Engineering & Estimating
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Get Ready for the Holidays questions that are not addressed on their website, you can contact the NLRB at firstname.lastname@example.org or 866-667-NLRB.
SB 459 – Independent Contractors: N l i l i has h been b d that h expressly l New legislation passed prohibits the willful misclassiÀcation of individuals as independent contractors and signiÀcantly increases penalties for violations. Construction is considered one of the “industries with misclassiÀcation characteristics,” so employers will need to be extra-vigilant in their hiring and classiÀcation procedures. MisclassiÀcation is also being scrutinized on the federal level by the Department of Labor (DOL) and the IRS.
Th 2012 Union U i The Recognized Holiday Schedule is available on the EUCA website (Resource Center – Union Procedures), and the 2011 calendar is still available there as well. Be sure to refer to both of these calendars when scheduling work around the holidays.X
RECOGNIZED UNION HOLIDAYS 2012 Calendar for Northern California Master Agreements
Day after New Year’s Martin Luther King, Jr. Day
2 3 4 5
Cement Masons 2010-13
Iron Workers 2011-14
O.E. Local 3 2010-13
Pile Drivers 2008-12 & 2011-15
Plumbers Local 355 2011-14
Monday, January 2
Monday, January 16
Monday, February 20
Monday, May 28
Wednesday, July 4
Monday, September 3
Thursday, November 22
Day After Thanksgiving
Friday, November 23
Tuesday, December 25
Carpenters 2007-12 & 1 2011-15
Sunday, January 1
New Year’s Day 2
Carpenters: Four days of each year are designated as Off/Holidays. For 2012, these are: May 25th, August 31st, December 24th and December 31st. Designated Off/Holidays shall be governed by Section 26 "Overtime" of the Carpenters Master Agreement. For work under the Highway Addendum (Appendix F), these additional Designated/Off Holidays do not apply to employees working outside of Area 1. For all of these crafts except for the Teamsters, if a holiday falls on a Sunday it shall be observed on the following Monday. Teamsters: New Year’s Day is observed on January 1 – January 2 is not a holiday. Operators and Laborers: Martin Luther King, Jr. Day may become a recognized holiday if and when the five basic crafts agree to adopt it as a holiday. Iron Workers: No work shall be performed on Labor Day except to save life and property. EUCA 17 Crow Canyon Court, Suite 100 San Ramon, CA 94583 925/855-7900 Fax: 925/855-7909 www.euca.com
Experts in all phases of transit construction
AB 22 – Limits on Credit Reports: A h new piece i l i l i Another off legislation, AB 22 limits the situations in which employers can use credit reports for hiring decisions (applicants or employees). The information must be job-related (i.e., the position will involve access to money, assets, and/or conÀdential information), and there are some other requirements for the types of positions where use of a credit report would be appropriate.
SB 272 – Organ/Bone Marrow
Donor Leave: This bill clariÀes some grey areas from last year’s legislation that created this new protected leave classiÀcation.
SB 299 – Paid Pregnancy Leave: Thi i l i adds dd to the h protections i This new llegislation given to employees who are on pregnancy disability leave (PDL), effective January 1, 2012. Employers are now required to continue group health coverage during that leave for employees who would have been eligible for that continuing coverage if they had not taken PDL. An additional bill, AB 592, interacts with this one in that it prohibits employers from interfering with or denying any employee rights associated with PDL as contained in the existing Moore-Brown-Roberti Family Rights Act. Need more information? The above bills will be included in bulletins to our members, and you may want to attend our Àrst CAPS class of 2012. Visit www.euca.com for more information.X
*(1(5$/(1*,1((5,1*&2175$&7256 CM/GC, Conventional and Design/Build General Contracting Services Light Rail, Streetcar and Commuter Rail Construction
1320 Harbor Bay Parkway, Suite 240 Alameda, CA 94502-6580 T 510.748.1870 F 510.748.1205 www.stacywitbeck.com
& Mem r o abvices FA b Q er
all kinds of questions in our Labor & We get Member Services Department. Here are
a straight-time make-up day and have the option to work or not. EUCA Resources: Make-Up Day Chart, Make-Up Day Master Agreement Language
several that come up frequently, along with EUCA resources that can help you with these types of questions.
Do we always owe double time after 12 hours per day? IIt depends. d d While Whil Labor L b Code C d Section S i 510 sets the requirements for when overtime pay is due, Section 514 states that this section does not apply to employees covered by a valid collective bargaining agreement (CBA). So for your union employees, the overtime provisions of the CBA are what you need to follow. This is true whether or not the job is a prevailing wage job. EUCA Resource: Overtime Pay Chart
We need to drug test our employees before they go on a particular jobsite, per the owner’s requirement. Are there e any reasons why we can’t do that?
NOTE: All of the policies listed below are for Northern California only, except for Iron Workers which covers the State of California and a portion of Nevada. Please refer to union agreements/policies for full details. Carpenters 46 Counties
Pile Drivers Local No. 34
Plasterers & Cement Masons
Exhibit “B” – Joint Labor/ Management Substance Abuse Policy
Attachment B – Substance Abuse Policy
Effective 1/1/08, Section 24-R has been replaced by IMPACT Drug & Alcohol Testing Program. IMPACT will be mandatory for all employers as of 1/1/09. Details available at www.mobmed.com/ Impact.
Supplemental Agreement No. 4 – Substance Abuse Policy
N/A – Testing administered by union.
Required. 7 days notice if performing urine screen as part of DOT or other physical exam.
WRITTEN UNION POLICY
Section 13A – Elimination of Restrictions on Production
Carpenters Uniform Substance Abuse Policy available through application to Carpenters Work Preservation Committee.
Written Notice of Testing to Union and Employees
Required. 30-day notice required for random testing.
30-day notice required for random testing.
Required. Policy must be renewed with CWPC for each new agreement term.
30-day notice required for random testing.
Verbal Notice of Testing to Union Dispatcher
Consent Form Signed by Employee/Applicant
Required for probable cause testing.
Required for consent form, and for probable cause testing (if union rep. available) before employee gives explanation or submits to test.
Required for probable cause testing (if union rep. available) before employee gives explanation or submits to test.
Required for consent form, and for probable cause testing (if union rep. available) before employee gives explanation or submits to test
Required for probable cause testing.
Required for consent form, and for probable cause testing (if union rep. available) before employee gives explanation or submits to test.
Alcohol, cannabinoids (THC), barbiturates, PCP, opiates, cocaine, amphetamines, methaqualone, by-products
“substances which are reasonably likely to alter or impair the employee’s ability to perform his/her duties in a prompt, competent and safe manner”
Alcohol, cannabinoids (THC), barbiturates, PCP, opiates, cocaine, amphetamines, methaqualone, by-products
“substances which are reasonably likely to alter or impair the employee’s ability to perform his duties in a prompt, competent and safe manner”
Alcohol, cannabinoids (THC), barbiturates, PCP, opiates, cocaine, amphetamines, methadone, oxycodon, propoxyphene, benzodiazepines
Alcohol, cannabinoids (THC), barbiturates, PCP, opiates, cocaine, amphetamines, methaqualone, by-products
Substance abuse testing (drugs and alcohol) is something that should not be undertaken lightly. If you are going to perform testing for one jobsite, due to an owner’s requirement, you still have to establish a substance abuse testing policy which usually requires both union and employee notiÀcations. You will generally also need to communicate to the union the owner’s speciÀc requirements, if they are different from the union’s policy (contained in or referred to in the CBA). EUCA Resources: Substance Abuse Policy Administration Chart, Individual Union Substance Abuse Policies NOTIFICATION
Notice to Employee of Right to Consult with Union Representative
N/A – Testing administered by union. Forms collected by designated Third Party Administrator (TPA).
Not Specified. Required.
Union Substance Abuse Policy Admin (Chart)
Alcohol, cannabinoids (THC), PCP, opiates, cocaine, amphetamines
Page 1 of 3
17 Crow Canyon Court, Suite 100 San Ramon, CA 94583 925/855-7900 FAX: 925/855-7909 www.euca.com
Can we work Saturday at straight time if there was a holiday on one of the other weekdays? I most cases, S In Saturday d make-up k d days are li limited i d to times i when work is suspended on a weekday due to bad weather or major mechanical breakdown. Always check the CBA provisions before assuming you can do a make-up day for all crafts, and be sure that employees know that it will be 12 WWW.EUCA.COM
“4 x 10s” General Overview
Contractors often want to take advantage of alternative workweek language (usually referred to as 4 x 10s) in many of the union collective bargaining agreements (CBAs). There are two important points to keep in mind:
The Àrst issue here is whether such a workweek is allowed by law. On California prevailing wage jobs, overtime must be paid after 8 hours per day. Most union agreements allow for a 4 x 10 workweek, as long as it is allowed under state and federal law – check your CBA provisions and notify the union that you plan to set it up. EUCA Resources: Alternative Workweeks (4 x 10s) Overview, 4 x 10 Workweek Chart
Labor Code Section 1815 specifies that “work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1-1/2 times the basic rate of pay.” Wage Order #16 also specifies, “In no case shall an alternative workweek requiring more than eight (8) hours of work in a day be utilized on a public works contract in violation of Labor Code Sections 1810-1815.” The only exception is for federally funded projects, as these are governed by federal regulations rather than the Labor Code and California Code of Regulations. However, such projects must be 100% federal money and 100% administered by a federal agency (e.g., FWHA, U.S. Military, Dept. of Veteran Affairs). If there is any state or local money involved, or if the project is administered by a state or local agency (i.e., Caltrans, City of San Jose), Labor Code Section 1815 will still apply.
2. Check the CBAs for the rules.
Addendum “C” – Joint Labor Management Substance Abuse Policy
Master Agreement Section
1. Straight-time 4 x 10s are not allowed on California public works jobs.
Quick Reference Chart
The h CBAs generally ll h have apprentice manning requirements, in addition to the public works requirements for requesting/ hiring apprentices (along with a lot of other paperwork requirements). In most cases it is an hourly ratio requirement, but in some cases a headcount ratio. EUCA Resources: Apprenticeship Basics for Public Works, Union Apprenticeship Chart
How do we set up a 4 x 10 workweek?
UNION SUBSTANCE ABUSE TESTING POLICY ADMINISTRATION
Operating Engineers Local No. 3
When do we need to use apprentices?
Below is a guide to the relevant agreement sections for most of the crafts our contractors work with. Not all crafts have a provision allowing 4 x 10s at straight-time rates. In many cases, the same workweek must be established for all shifts and/or all crafts on the jobsite. Be sure to notify the unions before beginning work on this basis.
Carpenters (Bridge Structure & Hwy Only) Cement Masons Iron Workers Laborers Operating Engineers Pile Drivers Teamsters
Appendix G, Section 6 7B 6A 20A-1, 20A-2(c) 06.01.01 Section III-B 5(A), 5(B)
Remember that setting up alternative workweeks for any non-exempt employees not covered by a CBA (such as your office employees) requires that you follow the election procedures contained in the IWC Wage Orders. Contact EUCA Labor Relations or log on to the EUCA website if you need copies of the CBAs or the IWC Wage Orders.
17 Crow Canyon Court, Suite 100 San Ramon, CA 94583 925/855-7900 Fax: 925/855-7909 www.euca.com
What kind of travel pay or per diem do we owe for out-of-town work? This can get very complicated, especially when there are no provisions in the CBA that cover this issue, or those provisions only cover certain categories of work. There are state and federal laws that govern payment of travel time for work (outside of a normal commute) and reimbursement of work-related expenses, and these apply to non-exempt employees even when they are covered by a CBA. Keep in mind that you cannot create your own travel pay rate for your union employees. EUCA Resources: Travel Pay Overview, Subsistence & Travel Pay Chart, OE3 Map (also corresponds to Laborers Zone Pay)
All reference items referred to in this article are available for FREE to our members in the Resource Center of the EUCA website (www.euca.com/resourcecenter).
Putting The Pieces Of And Business
Building Together When it comes to creating new contacts and connections, we create the perfect fit. From enhancing market relationships and creating alternative risk financing to forming joint ventures and acquisition opportunities, our team of experts can put it all together for you.
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By Emily Cohen, EUCA Director of Government Relations,
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Sacramento. Our policy makers know that the state cannot survive, or thrive, without our construction industry. We are working every day to bring better business reform to California—and implement laws and policies that help our contractors hire more workers, deliver more projects and make a fair profit.
Below are a few of the major issues that EUCA has taken the lead on this year, on behalf of the construction industry.
With unemployment at more than 12 percent throughout California, EUCA will continue to make the case that our industry needs rules, regulations and policies that are practical, feasible and fair. We need legislators whose focus will be on bringing a business friendly environment back to our state and who value the role of union-affiliated contractors in growing our state, our employment rate and our infrastructure. Our construction industry is one of California’s greatest economic assets.
EUCA is one of the leading associations working to repeal the 3% Withholding Tax. This is a measure that will mandate that federal, state, and local governments withhold 3% from
EUCA is fighting to:
Repeal the 3% Withholding Tax
FACING CHALLENGES Most days it feels like California never met a regulation it didn’t love. We continue to be one of the most expensive places to do business in the nation as a result of too many rules, regulations, and inconsistent policies that make it difficult for companies to predict their future. Yet I remain optimistic, and hope our legislators are beginning to understand that runaway regulations are truly stunting California’s economic potential. We were able to make progress in 2011 with bills such as AB 617, which was recently signed by the Governor and will reform the regulatory process by requiring an economic analysis of all major regulations. (If only this legislation had passed five years ago….) In 2011 we were faced with challenges, triumphs, and great successes for California’s contractors. Moving ahead, I am optimistic about the future of our industry and our legislators’ ability to see that we are an essential component to the economic recovery of our state and nation. Remember, our contractors provide good paying jobs that grow the middle class, increase private sector jobs, and build and maintain the infrastructure that moves our economy, and our people, safely and efficiently. We will continue to shout this message from the roof top in Sacramento, Washington D.C. and anywhere we’re given an opportunity. I am confident that sooner, not later, our policymakers will get the message. Nov/Dec 2011
2011 Legislative Year (cont.) payments for goods and services. This onerous tax will have a massive impact on our contractor members, and we are making great headway in the fight to repeal this mandate, and our success looks promising.
Improving the Bidding Process EUCA is encouraging Caltrans to allow for electronic bidding, which promises significant potential savings in time and cost to California’s contractors. Electronic bidding allows contractors to do their bidding by downloading data over the internet, preparing bids electronically and uploading their bids. Contractors that utilize electronic bidding in other states have experienced a reduction in paperwork and significant time and cost savings associated with electronic bidding. EUCA will continue to push Caltrans to give strong prioritization to electronic (internet) bidding.
Protect Valuable Water Infrastructure Funding EUCA is urging Congress to introduce legislation to protect valuable water infrastructure funding. We have recently seen success in this endeavor; leaders of the House Transportation and Infrastructure Committee have introduced bipartisan legislation to create American jobs by investing $13.8 billion over five years in State Revolving Funds (SRF) and other efforts to improve water quality.
Protect Federal Highway Funding EUCA has been advocating for the passage of a strong transportation funding bill. This month President Obama signed an extension of all FY 2011 appropriations bills through November 18. EUCA is aggressively working for the passage of a Federal Highway Bill that maintains current spending levels. We believe it is a core responsibility of government to protect and maintain our nation’s infrastructure systems.
Stop Burdensome Stormwater Regulations
Contract Drafting, Review and Negotiation Trial and Arbitration Claims, Dispute Resolution and Mediation Bid Protests Collection Employment Counseling
EUCA and the CA Alliance for Jobs, are fighting to make our voice heard inside the SWRCB. It is time for the Water Board to consider the economic impact of their overly burdensome MS-4 permit and the newly implemented Construction General Permit for SWPPPs. Through hired consultants, organized industry meetings with the Governor’s office, and packed-house state capitol hearings, we are pushing to make sure our voice is finally heard on this matter. We’ve had dozens of letters written from our contractors on this important matter and your voice is helping us in Sacramento!
Protect GPS Use in the Transportation and Construction Sectors |phone| 650.691.2888 |fax| 650.691.2889 |web| www.alr-law.com
Contact: Janette G. Leonidou A. Robert Rosin
Leonidou & Rosin 777 cuesta drive | suite 200 mountain view, california 94040
EUCA is fighting to protect your GPS systems from potential interference as a result of an attempt to create wider broadband services to rural communities. This attempt could overwhelm GPS signals and cause widespread interference. EUCA has asked the Secretary of Transportation, Ray LaHood, to block the Federal Communications Commission from considering any effort that would cause interference with construction use of GPS (and are continuing to work with them in this effort). ◆
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EUCA is constantly and aggressively advocating on behalf of our members and their businesses—making sure your voice is heard loud and clear on the issues that matter most. Our Government Relations Department consistently holds meetings with legislative officials, testifies at hearings, and actively engages in the political and policy-making processes that impact our industry.
Legislative ✔ ❑ Scorecard
e elow is a list of key industry legislation that Governor Brown has vetoed or ssigned into law. EUCA is both disappointed by some of his decisions and encouraged by others. Thank you to our members, who voiced your concerns, testified at hearings and contacted your legislators on behalf of these bills. Make no mistake; every effort makes a difference for our industry. A summary of each bill, EUCA’s position and Governor Brown’s action can be found below, as well as statements from EUCA’s Government Relations team. Again, thank you for your efforts and actions in support of California’s construction industry this year. We are already looking forward to the 2012 legislative year and the challenges and triumphs that lie ahead.
Industry Impacted Bills Vetoed By Governor Brown: AB 325 (Lowenthal): Employee’s right to bereavement leave. This bill would prohibit an employer from refusing to grant a request by any employee to take up to 3 days bereavement leave or to interfere with or restrain an employee from doing so. EUCA OPPOSED. AB 1210 (Garrick): Water quality: stormwater discharge: civil engineering activities. This bill provided that a licensed civil engineer (PE) would not be required to satisfy any additional experience, training or certification requirements in order to perform activities in the preparation of a SWPPP. EUCA SUPPORTED AB 1210. “We are very disappointed in Governor Brown’s decision to veto AB 1210; It was a common sense piece of legislation that would have eased the burden on contractors trying to stay in compliance. EUCA will continue to fight to bring fairness and reason to the construction general permits overly burdensome SWPPP regulations.”
SB223 (Leno): Voter-approved local assessment: vehicles. This bill would authorize the City and County of San Francisco to impose a voter-approved local assessment for specified vehicles if certain conditions, including approval by local voters, are met. EUCA OPPOSED. “This would have been yet another hit to the construction industry in San Francisco and a piecemeal approach to their budget woes. We are pleased that the Governor vetoed this bill.”
Kevin Pedrotti, Legislative Advocate
Mallori Spilker, Government Relations Assistant
Emily Cohen, EUCA Director of Government Relations,
EUCA’s Government Relations Team:
Industry Impacted Bills Signed By Governor Brown: AB 397 (Monning): Workers’ compensation insurance: contractors. This bill will require, at the time of renewal, an active contractor licensee with an exemption for workers’ compensation insurance on file with the board to either recertify the licensee’s exemption or to provide a current and valid Certificate of Workers’ Compensation Insurance or Certificate of Self-Insurance. EUCA SUPPORTED.
“No industry understands more than ours the need to increase career technical education in our public school systems. EUCA recognizes the deep need to support this important effort and we are pleased the Governor does too.” Continued on next page
AB 514 (Hernandez): Public Works: prevailing wage: hauling refuse. This bill clarifies the definition of “refuse” in current law so that employees must be paid the prevailing rate of per diem wages for all off haul work contained in that definition, and will take effect January 1, 2012. EUCA OPPOSED. AB 592 (Lara): Employment leave: interference, restraint, and denial. This bill will make it an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under the Moore-Brown-Roberti Family Rights Act. EUCA OPPOSED. AB 720 (Hall): Public contracts: uniform construction cost accounting provisions. This bill will bring clarity to two conflicting provisions of the Public Contract Code, which in turn will bring fairness to the industry and allow more work to be put out to bid. EUCA SUPPORTED. “Quite simply, this is a common-sense bill that gets more work out to bid for our contractors. We thank Assemblyman Hall for his work on this bill and the Governor for signing it.”
AB 1330 (Furutani): Graduation requirements: career technical education. This bill, commencing with the 2012-13 school year, would add completion of a course in career technical education, as defined, as an alternative to the requirement that a pupil complete a course in visual or performing arts or foreign language. EUCA SUPPORTED.
agents, as specified. This bill will extend these provisions to commercial construction contracts entered into, on, and after January 1, 2013.
Key Legislation (cont.)
SB 293 (Padilla): Payment bonds: laborers. This bill will improve certain provisions of California’s Civil Code to facilitate the prompt payment of construction workers and lower retention rates. EUCA SUPPORTED. “SB 293 is a step in the right direction for our industry. Prompt payment and the lowering of retention rates will make a tangible difference to California’s contractors in an economic environment where every day and every dollar counts.”
SB 474 (Evans): Commercial construction contracts: indemnity. This is an existing law, which makes unenforceable provisions that purport to require a subcontractor to insure or indemnify a builder, or a general contractor or contractor not affiliated with the builder, against liability for claims of construction defects if the claims relate to the negligence of the builder or contractor or the builder’s or contractor’s other
Representing the Bay Area in: Business Law Construction Contract Disputes Construction Collection Matters Employment Law Labor Relations Estate Planning
983 University Avenue Suite 104C Los Gatos, CA 95032 (408) 356-3000 Facsimile (408) 354-8839 www.smwb.com 20 WWW.EUCA.COM
SB 724 (Dutton): State Air Resources Board: mobile source certification. This bill will require the State Air Resources Board, within 30 working days after receipt of an application for certification of a new, a carryover, or a partial carry over on-road or off-road vehicle, engine, or equipment family, as defined, to inform the applicant if the application is complete and accepted or not. EUCA SUPPORTED. “This is a very small step, but one in the right direction, towards pushing our regulatory agencies to be more consistent, transparent and fair in their implementation of the regulations that impact our contractors bottom lines and every day lives.”
SB 835 (Wolk): Public Contracts: University of California: best value procedures. This bill takes the bid amount and factors in qualifications in the award of a bid when it comes to University of California (UC) projects. EUCA OPPOSED. “We disagree with the Governor’s decision to sign this bill. This will only make the bidding process even less transparent for work done on the UC campuses.”
Labor / Employment
Construction Claims/Disputes Contract Review Bonding/Surety Review Bidding/Licensing Issues Mechanics Liens/Stop Notices
Mgmt. Labor Relations/Jobsite Picketing Sexual Harassment/Discrimination Defense Wrongful Termination Defense Employee Handbooks Wage & Hour Law/Prevailing Wage Matters
Contact: Joseph Sweeney E-mail: email@example.com or Contact: Dana Corey E-mail: firstname.lastname@example.org
Contact: Roger Mason E-mail: email@example.com
Estate Planning & Probate
Business Entities Business Acquisitions/Sales Contract Preparation/Review Real Estate Matters
Wills and Trusts Probate Administration Trust Administration Estate and Gift Tax Planning
Contact: Brad Bosomworth E-mail: firstname.lastname@example.org or Contact: Romin Thomson E-mail: email@example.com
Contact: Stuart Schmidt Certified Specialist in Estate Planning E-mail: firstname.lastname@example.org
SB 543 (Steinberg): Business and professions: regulatory boards. This bill will extend sunset dates set to expire on January 11, 2012 2012, for seven DCA boards boards, bureaus and commissions commissions, including the Contractors State License Board. EUCA SUPPORTED.
economic analysis of all major regulations at the beginning of the regulatory process, thus providing more transparency and better data on which to base selection of most costeffective regulatory alternative. EUCA SUPPORTED.
SB 617 (Calderon): State government: financial and administrative accountability. This bill will reform the regulatory process by requiring an
“This bill is long overdue. It’s about time our regulating agencies were regulated a bit as well. We support SB 617 and are pleased with the Governor’s decision to sign it. If a bill like this was signed 5 years ago California’s economy and our construction industry might find itself in a much better situation than the one we are currently in.”
EUCA’s Government Relations team, and members attend and testify at many industry hearings, such as this Senate hearing on the economic impact of storm water regulations in California.
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Santa Clara (408) 970-9494
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Other Locations (800) PENHALL
San Leandro and Santa Clara Team Members:
TAPE Year-End CARB Checklist
EUCA-Sponsored CARB Class
Save the date—January 18, 2012. Join us for an Off-Road and Portable Power (PERP) regulations class. Everything you need to know to keep your company’s fleet in compliance. Check www.euca.com for more information on time and location, or contact Joan O’Brien, Education Coordinator at jobrien@ euca.com, 925/362-7303.
By Tony Dorsa, EUCA Regulatory Consultant
As 2011 winds to a close, schedule your fleet reviews, analysis and budgeting with a view toward CARB requirements for 2012 and beyond. To assist in that regard, we are providing some summary review checklists for Off-Road, OnRoad, and Portable Power. As of this writing, EPA approvals of the Revised On-Road and Off-Road regulations are pending. We expect, and this article assumes, EPA approvals by the end of 2011.
OFF-ROAD Large Fleets (5000+ HP) •
Annual Report due March 1, 2012. Include any changes since your last reporting date and submit a compliance statement signed by a responsible official. Submit engine hour meter readings for vehicles claimed as low-use. Revised Low-Use Hours will be increased to 200 (from 100). Two EIN labels will be required, beginning 2013. Order extras now and affix to the equipment.
Time to Take a Look at Your Fleet Contributed by Chris Thompson, Equip Appraisers LLC
are the biggest equipment issues owners Q: What currently face? about cash flow to support operations A: Concerns and debt service, fleet valuation uncertainty, the rent vs. buy dilemma, and pending CARB implementation.
Q: What are some action items to implement for next year? equipment seems to be holding its value the Q: What most? The least? • Have a plan for your aging fleet. • Have a plan to get CARB compliant. It’s coming. A: the economic slowdown of the past 4 years, most A: With • Consider the physical location of your fleet when manufacturers slowed production so the supply of late-model, low hour equipment is at historical lows. Equipment that is 2006 or newer, tier 3 with fewer than 2,500 hours is holding (or appreciating) in value. With CARB on the horizon, older Tier 0 or Tier 1 equipment is depreciating most quickly. If you have idle, older equipment, now is the time to start looking at selling it out of state or abroad before it gets older and the supply increases. 22 WWW.EUCA.COM
2012 property taxes are assessed in January. Shuffling idle vehicles could save you thousands of dollars in property taxes. • Know the true value and composition of your fleet– get an annual appraisal. The equipment market changes daily; be prepared.
Equip Appraisers LLC is a new 2012 EUCA member. Visit their website at www.equipappraisers.com, or contact them at 925/330-8204. ◆
First Fleet Emissions Level Compliance date is January 2014. Plan to meet the Fleet Average Targets by that date, or repower, upgrade, or retire older, Tier 0 equipment. Off-Road Filtering will be optional, and is not recommended at this time. Review your accumulated emissions credits.
Medium (2500+ HP) and Small Fleets (under 2500 HP)
• • •
Register your fleets EI Labels (2 each) fleets and affix affix EIN Report Equipment Sales and Acquisitions within 30 days. No other reporting required until 2016 for Medium Fleets and until 2018 for Small Fleets. Medium Fleets must begin to meet emissions requirements on January 1, 2017; and Small Fleets by January 1, 2019.
ON-ROAD According to the CARB website, Fleet reporting will be available by the end of this year. As of this writing, the reporting mechanism on the website is not available. To report or not becomes the question. The regulation exempts trucks under 14,000 lb. GVWR. Smaller trucks are classified as those between 14,001 and 26,000 lb. GVWR, and Heavier trucks are classified as those over 26,001 lb. GVWR.
• • • •
Utility Vaults for Power, Communication, Gas and Water Water and Pull boxes Oil & Water Separators Utility Trench
Smaller Trucks. No reporting required, but starting January 1, 2015 and each year thereafter, smaller trucks with engines 20 years or older must be replaced with newer trucks. Heavier Trucks. Whether reporting or not, some filtering will be required in this category, starting in 2012. If using the Engine Model Year Schedule, plan on replacing your pre-1994’s starting in 2015, your 1994-1995’s in 2016, and filtering 1996-1999’s starting in 2012, and 2000-2004 models starting in 2013. If the phase-in option for heavier trucks is selected, reporting is required by January 31, 2012. This option requires PM filtering of 30% of the fleet by January 2012, 60% by January 2013, 90% in 2014 and 2015, and 100% by January 2016. Selecting this phase-in option enables fleets to use lowmileage exemptions, specialty construction exemptions, and other available credits to extend the compliance life of the fleet. But, as stated above, selecting this option commits the fleet to the fleet percentage filtering schedule.
For More Information or to Place an Order: 3786 Valley Ave. Pleasanton, CA 94583
Phone: 1-800-248-8183 Fax: (925) 846-4904 Email: email@example.com
Continued on next page
• • • • •
ConVault Short Span Bridges Manhole Covers Grease Traps Custom & Specialty Products
Delivering Reliability Nov/Dec 2011
Year-End CARB Checklist (cont.) In light of recent circumstances involving the recall of some DPF products, and the apparent uncertainty surrounding the DPF technology, caution is encouraged. Retirement, Repowering or Replacement of these units may be a more sensible alternative until the DPF issues are resolved.
Annual Smoke Testing. Perform the required annual testing and keep accurate records. Major fines and penalties have been imposed for Testing and record-keeping violations.
PORTABLE POWER PERP critical registration requirements. Portable equipment 50 HP and greater may be registered with PERP, the Statewide Portable Equipment Registration Program, provided the following engine Tier Levels are met: • • •
Engines rated 50 to 74 HP, Interim Tier 4 Engines rated 75 to 174 HP, Tier 3 Engines rated 175 HP and Over, Interim Tier 4
If your portable engine does not meet the foregoing requirements, a few local air districts (not BAAQMD or San Joaquin) will enter into compliance agreements so the equipment may be used within that district for a limited period of time. A substantial fee is charged ($2500 and up in most cases). Review your portable fleet and consider turning over your old equipment, or converting to alternate fuels, such as gas or propane. New compressors are rated at 49.5 HP, for example, and are therefore exempt from regulation. Rentals are always a good option, provided the Rental Co. can provide the proper compliance documentation. Be wary of purchasing older portable equipment at auction, or from other private parties. We have encountered issues with grinders, screens, asphalt zippers, and the like. If the price is too good to be true—it probably is! Citations are being written for non-compliant portables. ◆ As always, EUCA is here to help. We will continue to represent your interests to the CARB Board and staff, and will work with you to ensure you are in compliance and all your questions and concerns are answered. Contact Tony Dorsa, TD Consulting Services at 408/649-4383, or Emily Cohen, Director of Government Relations at 925/855-7900.
Tony Dorsa is the owner and operator of TD Consulting and Diesel Emissions Management. With more than 25 years in construction services, Tony specializes in diesel emissions management and compliance planning for contractors in the Bay Area, Central Valley and Northern California.
University Classes See What’s Coming in January 2012: Employment Law Updates for 2012
When considering educational opportunities, remember EUCA University is your #1 training solution.
Start off 2012 knowing the latest employment laws. Learn how recent state and federal court cases and regulatory changes will affect your business and how best to apply them. Topics covered include Cobra Subsidies, Disability Law Protections and more. When: Thursday, January 12, 2012 Time: 8:00am – 10:00am Location: EUCA conference room, Suite 205 San Ramon Cost: $35–Member / $60–Non-Member
CARB Training Seminar Attend this FREE seminar and learn about the new and existing carb regulations to reduce emissions from diesel vehicles used in California. This course is designed to provide an overview of many diesel programs and give you the opportunity to ask questions in the areas that concern you. When: Time: Location: Cost:
Wednesday, January 18, 2012 8:00am – 12:00pm Holiday Inn, Dublin FREE to all members
First Aid/CPR–8 Hour Are your employees certified in both First Aid and CPR? Cal/OSHA requires that every jobsite has a person who possesses both. When: Saturday, January 21, 2012 Time: 8:00am – 4:30pm Location: EUCA conference room, Suite 205 San Ramon Cost: $85–Member / $110–Non-Member
Private to Public: Strategies to Increase Your Revenue From pre-bid, to contract administration, to close out and collecting your money. This course will address the unique requirements associated with Public Works contracts and help you navigate tough government code claim procedures. When: Time: Location: Cost:
Thursday, January 26, 2012 8:00am – 12:00pm Residence Inn, Pleasanton $60–Member / $85–Non-Member
Our members are valuable to our Association and the construction industry as a whole. We would like to thank all of you who participated in University programs in 2011. Your support of continued educational programs will help to preserve our industry’s future. To register for classes, visit www.euca.com, or contact Joan O’Brien, Education Coordinator, 925/362-7303, firstname.lastname@example.org.
PROJECTS EUCA Members At Work 2011
PROJECT PHOTOS OF THE YEAR— 2011 JOBSITE PHOTOS TELL THE STORY Whether it is for the project, the crew, the location, the equipment, or another reason, our members work hard to get the job done. Proud of their projects, several of our members submitted photos for this year-end special showcasing 2011 jobsites. Large, small, or in-between...the finished product, or the work-in-progress...EUCA members rock the job.
A. J. Vasconi General Engineering Cutting In Shotcrete, Sebastopol Skate Park (left); Rudgear Wall & Walk, Walnut Creek (above).
Condon-Johnson & Associates, Inc. Dani Creek Retaining Wall (left)–Landslide Repair on Route 1 near Lucia, CA. Sycamore Ranchito Landslide Repair Phase 4 and 5 (above)–Deep Seated Landslide Repair in Santa Barbara, CA
Flatiron Corporation The Oakland Airport Connector (OAC), will link BARTâ€™s Coliseum Station with the Oakland International Airport via a mostly elevated automated people mover (APM) system along Hegenberger Avenue. The SR-92/I880 Interchange Reconstruction Project in Hayward (shown below) was a complete reconstruction of the four cloverleaf interchange into an interchange that includes multi-lane direct connectors from EB92 to NB880 and WB92 to SB880. This major interchange is a daily route to over 235,000 motorists.
Ghilotti Bros., Inc. Doyle Drive Utilities, San Francisco: relocation of existing underground utilities including water, electrical, sewer, and telecommunications at the Presidio along Doyle Drive (above). Hwy 101 HOV/Bridge Widening, Novato: Adding and constructing two HOV Lanes, one along the Northbound and one along the Southbound lanes of 101 from Hwy 37 to Atherton Ave., in Novato; widening of three bridges (Novato Creek Bridge, Franklin Avenue Overhead Bridge, and Olive Avenue Bridge).
PROJECTS EUCA Members At Work 2011
Ghilotti Construction Company Highway 580 HOV Lane Paving, Livermore (left); (above) construction of Abutment Bridge, Highway 101/Bellam Undercrossing, San Rafael.
Martin Brothers Construction, Inc. Sequoia Kings Canyon Pavement Preservation and Halstead Meadow Bridge Construction (above). The Sequoia National Forest encompasses treacherous mountainous terrain. The roadways that were in need of repairs switch backed up the mountains from 700 to 7300 feet in elevation. The Halstead Meadow Bridge was constructed over an existing meadow that was being environmentally restored back to its natural habitat. (Left) Folsom Dam Emergency Spillway Phase 2, Folsom, CA.
McGuire and Hester 12th Street Reconstruction Project, Oakland.
Michels Tunneling Michels Tunneling recently assembled and started this custom-built Japanese tunnel boring machine (TBM) on a 5-mile journey underneath San Francisco Bay. As part of a joint venture team also consisting of Jay Dee Contractors, Inc., and Frank Coluccio Construction Co., Michels dug this 141-foot deep, 58-foot diameter shaft in Menlo Park, Calif., to get the project underway. The Bay Tunnel is expected to take three years to complete and is part of the San Francisco Public Utilities Commissionâ€™s $4.6 billion Water System Improvement Program.
NTK Construction, Inc. California Street Cable Car Infrastructure Improvements: scope of work included furnishing and installing new conduits, pull boxes, copper and fiber optic cables; surface mount cabinets; instruction alarms; new gypsy pits; crown pulleys; catch basins and drainage pipes; roadway paving and curb ramps; sewer work.
PROJECTS EUCA Members At Work 2011
Preston Pipelines, Inc. Delta Intake Water project: a raw water intake facility located on the San Joaquin Riverâ€“Levee construction, fish screen provisions, raw water pumping capabilities, concrete wet well construction, and electrical and instrumentation installation.
ProVen Management, Inc.
Tulloch Hydroelectric Project, Tulloch Dam, Jamestown, CA. Removal of over 15,000 CY of solid granite, including an 80-foot deep shaft beneath the existing Tulloch Dam, plus construction of a three-story, reinforced concrete powerhouse structure to enclose the new generator facility; all work performed in compliance with strict environmental protection requirements for the Stanislaus River.
RGW Construction, Inc. Hwy 84 / Hwy 580 interchange project in Livermore: grading, paving, underground and bridge work.
Robert A. Bothman, Inc. Robert I. Schroder Overcrossing, Walnut Creek, CA (above); Stockton Unified School District Athletic Improvements, (right) Stockton, CAâ€“Stagg High School, Stockton, CA: new synthetic turf football field, 76,370 SF all-weather track, synthetic turf baseball and softball fields, multi-use field, and related structures.
Shimmick Construction Company, Inc. Shimmick â€“ Skanska ajv, on the Fremont Central Park Subway Project. (At left) Standing on the Northern banks of Lake Elizabeth looking up the trench. One of the subway boxes is being cast.
PROJECTS EUCA Members At Work 2011
Stacy and Witbeck, Inc. UTA Airport TRAX project in Salt Lake City, Utah (above photo).
Synergy Project Management, Inc. Egg Shaped Sewer Pipe Construction for SFDPW (above left); Demolition of San Francisco International Airport Terminal 2.
W. Bradley Electric, Inc. W. Bradley Electricâ€™s traffic signal provided a 48 hour, aroundthe-clock effort to beat an accelerated signal replacement schedule at Kaiser Permanente in Oakland, while meeting their exceedingly high safety standards. 32 WWW.EUCA.COM
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EUCA EDUCATION & TRAINING— THESE COMPANIES ARE MAKING THE GRADE
EUCA would like to thank all of the companies that supported our commitment to industry education and training. Programs included EUCA University (OSHA Certified Training; Construction Administrative Professional Seminars (CAPS); High Performance, High Profit Foreman Seminar), and Project Management Career Advancement (PMCA).
Your participation and feedback in these courses help us to continue to develop and offer new curriculum each year to benefit our members and the industry. Look for new classes in 2012. For more information, contact Joan O’Brien, Education Coordinator, at 925/362-7303, or email@example.com.
Companies that participated in EUCA Educational programs in 2011:
A. J. Vasconi General Engineering ABSL Construction ACCU-Bore Directional Drilling Alarcon Bohm Andes Construction, Inc. Andreini Brothers, Inc. Appian Engineering, Inc. ARB, Inc. Atlas Peak Construction Avar Construction Systems, Inc. Bauman Landscape and Construction, Inc. Bay Area Traffic Solutions, Inc. Bay Line Cutting & Coring, Inc. Bay Pacific Pipeline Beliveau Engineering Contractors, Inc. Bruce Carone Grading & Paving, Inc. C.F. Archibald Paving, Inc. Cal State Constructors, Inc. California Engineering Contractors, Inc. California Trenchless, Inc. Carone and Company, Inc. Chrisp Company CMC Traffic Control Specialists, Inc. DBA CMC Construction Condon-Johnson & Associates, Inc. Con-Quest Contractors, Inc. D.W. Young Construction Co., Inc. D’Arcy & Harty Construction Inc. DeSilva Gates Construction Diablo Contractors, Inc. Duran & Venables, Inc. Esquivel Grading & Paving, Inc. Evans Brothers, Inc. Ferguson Welding Service Flatiron Construction Corp. Ghilotti Bros., Inc. Ghilotti Construction Co. Golden Bay Construction, Inc. Gordon N. Ball, Inc. Granite Construction Company Graniterock dba Pavex Construction Griffin Soil
Harris Salinas Rebar Inc. Horizon Construction Co. (DS Castro) Interstate Grading & Paving, Inc. J D Partners Concrete J. Flores Construction Company, Inc. J.J.R. Construction, Inc. James J. Viso Engineering, Inc. Joseph J. Albanese, Inc. Lewis and Tibbitts, Inc. Lineation Marking Corporation M & M Foundation & Drilling, Inc. Maggiora & Ghilotti, Inc. Martin Brothers Construction Inc. McGuire and Hester Midstate Barrier, Inc. Mitchell Engineering NTK Construction, Inc. O.C. Jones & Sons, Inc. O’Grady Paving, Inc. P C & N Construction, Inc. Pacific Boring Platinum Pipeline, Inc. Preston Pipelines, Inc. R & L Brosamer, Inc. R.E. Serrano, Inc. R.J. Gordon Construction, Inc. Ranger Pipelines, Inc. Riley’s Striping, Inc. Sanco Pipelines, Inc. Shimmick Construction Company, Inc. Sierra Mountain Construction Silverado Contractors, Inc. Smith Denison Construction Co. St. Francis Electric Stacy and Witbeck, Inc. Stomper Company, Inc. Suarez and Munoz Construction, Inc. Synergy Project Management Talus Construction, Inc. Team Ghilotti, Inc. Tidelands Construction Company Vintage Paving Co., Inc. W. Bradley Electric, Inc. W. C. Maloney, Inc. W. R. Forde Associates West Valley Construction Co., Inc. Whiteside Construction Corporation
(From left to right) PMCA 2011 Team Building course; Foreman Seminar, October 2011; Workzone Liability; Competent Person Trenching & Excavation.
Teamwork • Solutions • Excellence General Engineering Contractor Services Since 1914 T O TA L S I T E P R E PA R AT I O N G R A D I N G A N D E X C AVAT I N G PAV I N G STORM DRAIN WAT E R A N D S E W E R L I N E S E Q U I P M E N T R E N TA L S O I L S TA B I L I Z AT I O N SITE AND STRUCTURE CONCRETE UNDERGROUND
Inﬁneon Raceway, Sonoma
The Buck Center, Novato
Candlestick Cove, San Francisco
CORPORATE OFFICE 246 Ghilotti Ave. Santa Rosa (707) 585.1221 MARIN OFFICE 2301 Kerner Blvd., San Rafael (415) 256.1525
A Name You Can Build With ghilotti.com
AMERICAN CANYON OFFICE 600 South Napa Junction Rd. American Canyon (707) 556.9145 LIVERMORE OFFICE 3090 Independence Drive, Ste. 118 Livermore (925) 583.0979 CSLB #644515
EUCA NOVEMBER/DECEMBER MEMBER ANNIVERSARIES EUCA would like to take this opportunity to recognize and thank the following companies who are celebrating their anniversary of membership with our organization in November and December:
41 YEARS â€“ 1970
34 YEARS â€“ 1977
Contractor Member: Preston Pipelines, Inc. Mike Preston
Contractor Member: Amos & Andrews, Inc. Gary Andrews
40 YEARS â€“ 1971
Associate Members: U.S. Pipe & Foundry Co. Robert Waddington
Associate Member: Mission Clay Products Glen Hungerbuhler
35 YEARS â€“ 1976 Associate Member: South Bay Foundry Inc./ Phoenix Iron Works Staci Schulenburg
Daily Construction Service/ Reed Construction Data Bill Wallace
33 YEARS â€“ 1978 Associate Member: CASE Power & Equipment Paul McDade
30 YEARS â€“ 1981
16 YEARS â€“ 1995
Associate Members: Willis Bradley Wright
Contractor Members: JMB Construction, Inc. Margaret Burke
Highway Technologies, Inc. Michael Griffiths
J. Flores Construction Company, Inc. Jesus Flores
26 YEARS â€“ 1985 Associate Member: P & F Distributors Bob Ritter
24 YEARS â€“ 1987 Contractor Members: Fox Loomis, Inc. Sam Fox Westside Underground Pipe Jim LaMaack
23 YEARS â€“ 1988 Contractor Member: Brutoco Engineering & Construction, Inc. Paul Von Berg
21 YEARS â€“ 1990 Contractor Members: Fine Line Sawing & Drilling, Inc. Dennis Corcoran Interstate Grading & Paving, Inc. Mike Pariani McGuire and Hester Mike Hester
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Associate Members: Ditch Witch Sales Rick Draper
UNDERGROUND CONTRACTOR PRODUCTS
Reliable Trucking, Inc. Joe Sostaric
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20 YEARS â€“ 1991
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Contractor Member: A Ruiz Construction Co. & Assoc., Inc. Tony Ruiz
TRANSPORTATION s 'RANITEROCK OFFERS A WIDE VARIETY OF HIGH QUALITY DELIVERED PRODUCTS EROSION CONTROL PRODUCTS s "LANKETS
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18 YEARS â€“ 1993
15 YEARS â€“ 1996 Contractor Members: California Engineering Contractors, Inc. Wahid Tadros James J. Viso Engineering, Inc. Joe Viso
13 YEARS â€“ 1998 Contractor Member: Centerline Striping Co., Inc. Tom Breault
12 YEARS â€“ 1999 Contractor Members: DJK Construction, Inc. Dalton DeOrnellas Mitchell Engineering Michael Silva West Valley Construction Co., Inc. Michael Kelly P C & N Construction, Inc. Clifford Plum Associate Member: Simpson, Garrity, Innes & Jacuzzi, P.C. Paul Simpson
10 YEARS â€“ 2001 Contractor Member: FMG, Inc. Michael McElroy Associate Member: Syar Industries, Inc. Scott Thomas
9 YEARS â€“ 2002
Contractor Members: Contractor Member: Bay Line Cutting & Coring, Inc. Associated Constructors, Inc. Juan Arrequin Gary Andrews Harris Salinas Rebar, Inc. Rich Martini Horizon Construction Co. (DS Castro) Dave Castro Associate Member: Lehigh Hanson Andre Sims
8 YEARS â€“ 2003 Contractor Member: Hess Construction Co., Inc. Larry Hess Associate Members: Jim-n-i Rentals Michael Rege Pacific Highway Rentals LLC Paul Indelicato Watt, Tieder, Hoffar & Fitzgerald, LLP Andrew Van Ornum
7 YEARS – 2004 Contractor Member: Golden State Bridge, Inc. David Riccitiello Associate Member: California Portland Cement Co. Michael Dominisse
6 YEARS – 2005 Contractor Members: Alarcon Bohm Kevin Bohm ARB, Inc. Mark Borges
Farwest Corrosion Control Co. Rick Williams
R & W Concrete Contractors, Inc. Brian Rodrigues
4 YEARS – 2007 Contractor Member: Granite Construction Company Steve Clark Associate Members: Sedgwick LLP James Diwik
3 YEARS – 2008 Contractor Members: Anozira, Inc. Brian Haber Asphalt Impressions, Inc. Julie Tokunaga Associate Member: Enterprise Fleet Management Tana Karr
2 YEARS – 2009
Blaisdell Construction, Inc. Craig Blaisdell
Contractor Member: Bay Area Traffic Solutions, Inc. Rafael De La Cruz, Jr. Associate Members: Star Pipe Products Kristopher Kadai American Industrial Care, Inc. Jim Angel
Steel Pipe Systems
10681 Foothill Blvd., Ste. 450, Rancho Cucamonga, CA 91730, Tel 909-944-4100 10100 West Linne Rd., Tracy, CA 95377, Tel 209-836-5050 10441 Vine St., Lakeside, CA 92040, Tel 619-561-6363 2325 South 7th St., Phoenix, AZ 85034, Tel 602-252-7111
Website: www.ameronpipe.com Email: firstname.lastname@example.org
1 YEAR – 2010 Associate Member: ANI Private Security & Patrol, Inc. K.S. Animashaun
Complete engineering packages are available to provide fully integrated solutions
CELEBRATING 30 YEARS OF EUCA MEMBERSHIP!
Serving the Construction Industry for 40 Years www.gallina.com
800.822.1776 Nov/Dec 2011
EUCA WELCOME NEW MEMBERS EUCA welcomes our new members of 2011:
NEW CONTRACTOR MEMBERS: ACCU-BORE DIRECTIONAL DRILLING Contact: Michael Robirds P.O. Box 2703 Pismo Beach, CA 93448 805/481-4475 www.accu-bore.com
CUPERTINO ELECTRIC, INC. Contact: John Boncher 1132 N. 7th Street San Jose, CA 95112 408/808-8000 www.cupelectric.com
GOLDEN STATE BORING & PIPE JACKING, INC. Contact: Jeff Johnson 2028 E. Cedar Street Ontario, CA 91761 909/930-5811 www.goldenstateboring.com
J. MACK ENTERPRISES, INC. Contact: Jerry Mack P.O. Box 7600 Visalia, CA 93290 559/622-9911
JONAS AND ASSOCIATES, INC. Contact: Romena Jonas 2280 Bates Avenue, Suite E Concord, CA 94520 925/374-0020 www.jonasinc.com
JORDAN & GRAF GROUND IMPROVEMENT, INC. Contact: Tom Graf 855 Mahler Road Burlingame, CA 94010 650/692-7300 www.jordangraf.com
SIERRA MOUNTAIN CONSTRUCTION Contact: Douglas Benton 55 New Montgomery Street, Suite 201 San Francisco, CA 94105 415/896-2859 www.sierramtn.net
SYNERGY PROJECT MANAGEMENT Contact: Javad Mirsaidi 30 Grant Avenue, Suite 300 San Francisco, CA 94108 415/467-3000 www.synergypm.com
W.R. FORDE ASSOCIATES Contact: Marilyn Forde 984 Hensley Street Richmond, CA 94801 510/215-9338 www.wrforde.net
WHITESIDE CONSTRUCTION CORPORATION Contact: David Whiteside 1151 Hensley Street Richmond, CA 94801 510/234-6681
NEW ASSOCIATE MEMBERS: ADVANCED DRAINAGE SYSTEMS, INC. Contact: Ryan Wade 505 N. 51st Avenue Phoenix, AZ 85043 925/596-0738 www.ads-pipe.com
ADVANCED STORMWATER PROTECTION, INC. Contact: Jason Griffin P.O. Box 237 Petaluma, CA 94953 707/953-9787 www.aspnow.net
AHERN RENTALS Contact: Sharon O’Connell 3673 Mallard Drive Benicia, CA 94510 415/713-9522 www.ahern.com
ALLIED WORLD ASSURANCE COMPANY Contact: Matthew Meyer 100 Pine Street San Francisco, CA 94111 415/262-8183 www.awac.com
BARNEY & BARNEY, LLC Contact: Brian Sena 1999 Harrison Street, Suite 1230 Oakland, CA 94612 510/466-6065 www.barneyandbarney.com
CONSTRUCTION ENGINEERING RESOURCE, INC. (CER) Contact: Joe Turner 1837 Wright Street Santa Rosa, CA 95404 707/484-4704
CONSTRUCTION TESTING SERVICES Contact: Julie Thome 2174 Rheem Drive, Suite A Pleasanton, CA 94588 925/462-5151 www.cts-1.com
EQUIP APPRAISERS LLC Contact: Rob Nowacek 341 La Questa Drive Danville, CA 94526 925/330-8204 www.equipappraisers.com
ICC EQUIPMENT RENTALS Contact: Steve Sundberg 7172 Regional Street, Suite 231 Dublin, CA 94566 925/989-5427
NORTHWESTERN MUTUAL FINANCIAL NETWORK Contact: Phillip Pearson 100 Pringle Avenue, Suite 505 Walnut Creek, CA 94596 925/296-5158 www.nmfn.com
PROTECTION ENGINEERING Contact: Michael Weston 2201 Harbor Street, Unit C Pittsburg, CA 94565 925/427-6200 www.corrosioncoatings.com
STEVENSON SUPPLY Contact: Rod Stevenson 3601 Regional Parkway Santa Rosa, CA 95403 707/575-3335
UMPQUA BANK Contact: Dave Zitterow 13333 N. California Blvd., Suite SL30 Walnut Creek, CA 94596 925/406-4530
WILLIAMS ASSOCIATES ENGINEERING Contact: Alexander Williams 555 Farmers Lane Santa Rosa, CA 95405 707/545-2441 www.williamsae.com
Tom Sorley, Chairman and CEO of Rosendin Electric, Inc., Receives “Good Scout” Honoree Award Tom Sorley, Chairman and CEO of Rosendin Electric, Inc., was honored by the San Francisco Bay Area Council, Boy Scouts of America, at the 33rd Annual Construction Industry Lunch-O-Ree, in early October. A graduate of the University of Nebraska, Tom has been in the electrical h hh construction industry for 32 years, the last 21 of which have been at Rosendin. Named President in 1992, Tom has led a team of professionals that have seen the company grow 1000 percent since that time. Tom also serves on advisory boards at Arizona State University, Cal Poly University, the Building Futures Council, the San Francisco Bay Area Council Boy Scouts of America, and The Beavers. Rosendin Electric, Inc. is a 100% employee-owned electrical contractor focused on delivering sophisticated and integrated electrical systems across a wide range of industries and geographic areas. The company has recently been named Specialty Contractor of the Year by ENR California Magazine. For more information, visit their website at www.rosendin.com. ◆
International Partnering Institute (IPI) Announces their 2011 Awards Program The IPI Awards celebrate projects that use Partnering Facilitators and rely on measurement tools to identify whether a job is going smoothly or not. IPI Member Organizations understand that Collaborative Partnering is the single most effective tool for improving communication on the job, creating a formal approach to issue resolution for all stakeholders, and developing opportunities for Value Engineering. Effective Partnering can reduce claims, cost and time, and typically improve safety and job satisfaction. How has Partnering allowed your team to rescue the budget and schedule on a job that started off poorly? Enter your project in the IPI Awards Program. For more information on IPI’s Partnering Awards, or to submit your entry, visit their website at www.partneringinstitute.org. ◆
FMG, Inc. Mixes It Up with their Cold In-Place Recycling FMG, Inc. has added to its fleet of existing Asphalt Milling machines, the Wirtgen 3800CR Recycler. The 3800CR offers the ability to Cold In-place Recycling (CIR) a fulllane of pavement in one pass, stabilizing with either foamed asphalt “green mix,” or any other stabilizing medium such as asphalt emulsion. CIR represents an environmentally superior and economical advantage choice to rehabilitate and preserve severely distressed roadways. Recycling and reusing the existing pavement layer does away with the need for purchasing and transporting new aggregates, and can reduce construction traffic levels. For more information, and to view a video of the process, visit their website at www.fmggrinding.com. ◆
R & B Company Announces their “RB Mobile Resources” App The R&B Pipe Fitters Handbook is a great resource for all those involved in the utilities and infrastructure services. The modern pipe fitter or welder is constantly faced with many different problems in his work. He must develop certain methods and techniques to make his job as easy and profitable as possible. In this handbook you’ll find information of a more technical nature, to aid the pipe fitter in making calculations and fit-ups while at work in the field. Most of the material is presented in table, chart or graph format for easy reference. The RB Mobile Resources App recently won the W3 Award from the International Academy of Visual Arts, and is available for the Blackberry™ (soon availabe for the Apple™ OS and Google™ Android platforms). For more information, or to download, visit www.appworld. blackberry.com/webstore/content/43131?lang=en. ◆
EUCAâ€™s Sal Rubino Golf Classic at the Bayonet & Black Horse Golf Club, September 9, 2011.
Congratulations to our Tournament Winners: 1st Place: Tom Barr, Ghilloti Bros, Inc. Kevin Dern, Ghilotti Bros, Inc. Mike Llamas, Ghilotti Bros, Inc. Rich Wilkerson, Ghilotti Bros, Inc. 2nd Place: Sal Guido, O’Grady Paving, Inc. Brett Kincaid, O’Grady Paving, Inc. Tom O’Grady, O’Grady Paving, Inc. Craig Young, O’Grady Paving, Inc. 3rd Place: Pete Fitzpatrick, Reed & Graham, Inc. Marc Guido, Galedrige Construction, Inc. Fred Smith, Dahl’s Equipment Rental Dan Toda, Pacific Surfacing Longest Drive Women – Nikki Affinito, Union Bank Longest Drive Men – Justin Gomer, Fine Line Sawing & Drilling, Inc. Closest to the Pin Women – Jami Brady, BakerCorp Closest to the Pin Men – Al Galedrige, Galedrige Construction, Inc. Casino Hole Winners – Hans Vermulen, J.M. Turner Engineering, Inc. and Mike Llamas, Ghilloti Bros, Inc. Trivia Contest Winners – Bruce Adams, Reed & Graham, Inc./Carl Springer, Reed & Graham, Inc./Rusty & Sonya Hoseley, R & L Brosamer, Inc. Marshmallow Contest – Richard Schroebel, BakerCorp
Thank you to all those who sponsorsed, participated, and volunteered your time for this years Sal Rubino Golf Glassic. We had another successful year and we couldn’t do it without all of your support! Lunch Sponsors GALLINA LLP State Compensation Insurance Fund Beverage Sponsors D.W. Young Construction Co., Inc. O.C. Jones & Sons, Inc.
Tee/Green Sponsors Ameron Int’l Water Transmission Group CEMEX Chrisp Company Construction Testing Services GALLINA LLP Maggiora & Ghilotti, Inc. Oldcastle Precast - Utility Vault R & B Company Sanco Pipelines, Inc. St. Francis Electric Stevens Creek Quarry, Inc. The Guarantee Company of North America USA West Coast Aggregates, Inc. West Valley Construction Co., Inc.
Snack Sponsors St. Francis Electric TBC Safety Volunteers: Andy Betts, IronPlanet Bret Lawrence, Woodruff-Sawyer & Co. Bruce Adams, Reed & Graham, Inc. Christine Roa, Jonas & Associates, Inc. Craig McCullum, Arthur J. Gallagher & Co.
Glen Hungerbuhler, Mission Clay Products Jami Brady, BakerCorp Linda Benjamin, Jonas & Associates, Inc. Nikki Affinito, Union Bank Romena Jonas, Jonas & Associates, Inc. Shanit BetPoulice, Jonas & Associates, Inc. Tom Lum, Peterson Tractor, Co. Carl Springer, Reed & Graham, Inc. Nov/Dec 2011
WHAT OUR MEMBERS SAY ABOUT US
“Good organization. We are also members of (names of 5 other contractor associations will remain anonymous) and a host of others—you smoke them.” — Pavement Recycling Systems, Inc.
“I call, you always respond immediately. It is great to be a member of this organization.” — E.E. Gilbert Construction, Inc. “As always, attention to our issue was IMMEDIATE. We received our answer quickly and felt like we were a VALUABLE customer.” — C.F. Archibald Paving, Inc. “I feel it was the best money we ever spent. We have used the labor services so much and you have saved our company money.” — RAD Construction “I’m really not sure what we would have done without your help. Your services are always greatly appreciated.” — Martin Brothers Construction, Inc.
EDUCATION & TRAINING
LABOR RELATIONS “I would rate BETTER THAN EXCELLENT if the option was available. You are always amazing! Thank you!” — D.W. Young Construction, Inc. “EUCA was very HELPFUL in guiding us through the process. Most importantly they followed up on this issue until resolved.” — Tennyson Electric, Inc. “EUCA did a great job, very efficient and timely.” — Bauman Landscape & Construction, Inc. “Very PROFESSIONAL, FRIENDLY and helpful. We appreciate all the information and assistance provided.” — Pacific Coast General Engineering
“INFORMATIVE and EDUCATIONAL, EUCA delivers a must do course!” — Sierra Mountain Construction, Inc.
GOVERNMENT ADVOCACY Y “How I wished this (PMCA) program was around ten years ago.” — Ghilotti Construction Co. “Very BENEFICIAL class that will stay with me throughout my career” — Esquivel Paving & Grading, Inc.
34 WWW.EUCA.COM 42
“I had a policy question relating to a statutory scheme applicable to all EUCA members. A quick email to the EUCA GR Department, and not only did I get an answer, but a meeting with the top regulator in the State of California. While meeting the top official, he praised EUCA for its LEADERSHIP and standing in the industry. With access to our political leaders and a sterling reputation, EUCA is well positioned politically to take ACTION and get RESULTS.” — Joseph J. Albanese, Inc
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1OZWT]`\WOĂ‚a:SORW\U>W^SZW\S;ObS`WOZaAc^^ZWS` Services: ARRA Compliant Public Works Specialists Waterworks Fire Protection
Sewer Reclaimed Water Irrigation Storm Drain
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3854 Bay Center Place Hayward, California 94545
1-800 281-3333 email@example.com
Locations: Hayward Modesto Fresno Santa Rosa
Sacramento Roseville Bakersfield Salinas
Santa Maria Plant Division Lodi Chico
from your friends at Peterson
Sending our thanks for your business and our wishes for a happy, prosperous new year!
CUSTOMER FIRST | INTEGRITY | EXCELLENCE | TEAMWORK | FUN GREEN BUSINESS AWARDS
Big plans this holiday season? Weâ€™d love to hear from you! Find us online. P105_1111