OCTOBER 2012 | ISSUE 10/VOLUME 218 W W W. U N I T E D C O N T R A C T O R S . O R G
Your Voice. Your Vote. Industryâ€™s Impact on Politics
UCON-Supported Bills Find Approval with Governor Brown p.10
Make Sure Industry Has a Voice: Nov. Ballot Initiatives Inside
protecting your crew
TRENCH SAFETY TRAINING ANYTIME, ANYWHERE As the largest provider in trench safety training, United Rentals offers convenient online excavation safety courses that can be taken anytime, anywhere. Visit ur.com/trench-safety to enroll today
BakersďŹ eld, CA 661-631-5777
Sacramento, CA 916-383-7475
Fresno, CA 559-442-8989
San Jose, CA 408-224-1052
Hayward, CA 510-786-9506
San Luis Obispo, CA 805-543-0113
Reno, NV 775-348-0140
Turlock, CA 209-632-5084
We protect the people who build California. We understand those on the job in California have more on their mind than workers’ compensation insurance. So let us put your mind at ease: you can count on the strength and stability of State Fund. We’ve never pulled out of the market due to an economic downturn, and we never will. Visit statefundca.com today to learn about the Alternative Dispute Resolution (ADR) discount we offer eligible members. Your individual business may be eligible for even more discounts. Thanks for reading...we’ll let you get back to work.
Together, we’ll help keep California working. statefundca.com
State Compensation Insurance Fund is not a branch of the State of California.
UNITED contents CONTRACTORS
OCTOBER 2012 ISSUE 10, VOLUME 218
2012 UNITED CONTRACTORS BOARD OFFICERS President ......................................................Rob Layne Vice President/President-Elect ..............Michael Ghilotti Secretary/Treasurer ..............................Michael Ghilotti
6 UP Front
Pissed Off For Greatness By Bruce Daseking, McGuire and Hester; United Contractors Board Member
UNITED CONTRACTORS BOARD OF DIRECTORS Kevin Albanese, Joseph J. Albanese, Inc.; Gary Andrews, Associated Constructors, Inc. Jami Brady, BakerCorp; Jerry Condon, Condon-Johnson & Associates, Inc.; Bruce Daseking, McGuire and Hester; Jack Estill, Appian Engineering, Inc.; Brian Gates, Top Grade Construction, Inc.; Rich Gates, DeSilva Gates Construction; Michael Ghilotti, Ghilotti Bros., Inc.; Brett Kincaid, O’Grady Paving, Inc.; Bret Lawrence, Woodruff-Sawyer & Co.; Rob Layne, O.C. Jones & Sons, Inc.; Robert Purdy, RGW Construction, Inc.; Bob Rahebi, Redgwick Construction Company
2013 Contracts, Compliance and Updates es By UCON Labor & Member Services Department
10 INSIDE the Capitol The Legislature’s Last Days
UNITED CONTRACTORS COMMITTEE CHAIRS
By Kevin Pedrotti, UCON Legislative Advocate
Associates: Jami Brady (Associate Director), BakerCorp; Bret Lawrence (Associate Director-Elect), Woodruff-Sawyer & Co. | Caltrans: Michael Ghilotti (Chairman), Ghilotti Bros., Inc. | Government Relations: Chris Young (Chairman), D.W. Young Construction Co., Inc. | Safety & Insurance: Rick Seifert (Chairman), Preston Pipelines, Inc. and Level 10 Construction | Scholarship: Janice Lajoie (Chair), GE Capital
A Transportation “MAP” for State and Local Officials—$$ for Industry? By Pete Ruane, President and CEO, ARTBA
UNITED CONTRACTORS 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; Steve Geney, Labor Negotiations Consultant; Shelbie Tieman, Director of Finance & Administration; Terese Pollock, Finance Assistant; Stacy Anderson, Director Communications, Events & Education; Denise Ramirez, Online Services Manager; Joan O’Brien, Education Manager; Jenn Rogers, Event Manager; Marlo Fregulia, Event Assistant; Michelle Vejby, Publications Manager; Emily Cohen, Director of Government Relations; Mallori Spilker, Government Relations Assistant; Kevin Pedrotti, Legislative Advocate; Tony Dorsa, CARB Consultant
OCTOBER 2012 | ISSUE 10/VOLUME 218 W W W. U N I T E D C O N T R A C T O R S . O R G
Your Voice. Your Vote.
UCON takes a trip back to “The Classics” at our 2012 Government Relations Dinner & Auction.
Industry’s Impact Impact on o Politics Politi
UCON-Supported Bills Find Approval with Governor Brown p.10
Make Sure Industry Has a Voice: Nov. Ballot Initiatives Inside
More Inside: 20 RED TAPE
United Contractors Magazine (ISSN: 2166-3777) is published monthly, except December, by United Contractors, 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 United Contractors 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: United Contractors Magazine, 17 Crow Canyon Court, Suite 100, San Ramon, CA 94583. © 2012 Published in the U.S.A.
22 NEXT UP 24 WE ARE UNITED CONTRACTORS 26 LAST CALL
By Bruce Daseking, McGuire and Hester, UCON Board Member, Government Relations Committee
Pissed Off For Greatness Driving to work, I enjoy listening to the constant banter of the Murph and Mac morning show on KNBR 680. Their quick wit and up-to-date sports knowledge makes the commute a little easier. Back in March of this year, they played a motivational speech by Ray Lewis of the Baltimore Ravens. Ray Lewis is considered to be one of the best professional football linebackers of all time. Playing for the Ravens (his entire career), he has been selected to thirteen Pro Bowls and named All-Pro ten times. He is also quite a tremendous motivator. Once, Lewis was asked by the Stanford Men’s Basketball Coach to motivate the team before a semifinal game at the National Invitational Tournament. His speech, given in the Cardinal’s locker room before the game, was inspiring:
Near Zero Contractor Retention Escrow Rates? We Can Do Better -- Call Us.
Colleen Atkinson Senior Vice President 925 444 2931
Tom Park Executive Vice President 925 444 2936 Lafayette, California www.californiabankofcommerce.com
6 W W W. U N I T E D C O N T R A C T O R S . O R G
“Wins and losses come a dime a dozen, but effort? Nobody can judge effort. Because effort is between you and you. I’m pissed off for greatness. Because if you ain’t pissed off for greatness, that means you’re OK with being mediocre.” The Stanford team ended up beating UMass 74-64, moving on to the title game, and winning the tournament (first time since 1991).
to step-up and contribute to this team! But ultimately that effort is between you and you. By supporting the United Contractors, you support the efforts of a membership full of, “Pissed off for greatness”—individuals who truly look after this industry. The time is now to step on the field and show that you too are “PISSED OFF FOR GREATNESS.” ◆
Catch phrases from that speech are played from time to time—and just the other day, I heard it again on a radio show. That was just after United Contractors had asked me to write a piece for this Legislative Issue. Ray Lewis’s quote makes perfect sense for our industry—“I’m pissed off for greatness.” How great is that?! A little odd, but it works, because it’s true!
This is a great message for our industry. As every contractor understands, it’s about YOU putting in the effort to make the team successful. Being “pissed off for greatness” means writing that letter to your legislator; it means your PAC donation gets made and works to helps restore infrastructure funding and contributes to the defeat of that next regulation; it means your individual auction donation and your sponsorship of the Government Relations Dinner & Auction helps to fund a successful legislative program that can lead our industry to wins time and time again. Every individual effort adds up and helps lead to a win for our team—United Contractors, and our industry. As the economy continues to recover too slowly and regulations continue to threaten the strength of our industry, how can we as an organization stand still and be mediocre? We can’t! Wins and losses mean life or death to our businesses. What better time to call our industry to action and join together our efforts for what we stand for—United Contractors. What better time than now to support the political and regulatory interests of the association? The Auction needs your support. Each dollar raised is a dollar that goes towards protecting our interests as an industry and increasing funding for the future. We can’t afford not
Cutting Concrete Pipe
• ASPHALT & CONCRETE SAW CUTTING UP TO 24” DEPTH • CHIPPING • GRINDING • CORE DRILLING • FLAT SAWING (Gas/Electric) • WALL SAWING • HAND SAWING • CONCRETE BREAKING/REMOVAL • WIRE SAWING • ROUND LOOPS • CHAIN SAWING License #809660 1635 4th Street, Berkeley, CA 94710
Phone: 510/527-1000 • Fax: 510/527-0500 6345 3rd Street, San Francisco, CA 94124-3501
Phone: 415/508-1800 • Fax: 415/508-1811 San Francisco HRC Certified: #HRC040914855
ALL WORK DONE TO YOUR SATISFACTION AND ON TIME
By United Contractors Labor & Member Services Department
2013 Contracts, Compliance and Updates The following are two pieces of legislation that were enacted at the end of 2011 and will go into effect January 1, 2013.
SB 474—Indemnity Clauses Effective on construction subcontracts entered into after January 1, 2013, SB 474 prohibits general contractors and construction managers from requiring a subcontractor to defend and indemnify them against their own active negligence for defects in designs that they furnished, or for claims that do not arise out of the subcontractor’s scope of work. The law also bars state or local public agencies, as well as private owners, from requiring a contractor to agree
to contract terms that “purport to impose on the contractor” or to relieve the public agency or owner from liability for the public agency or owner’s own “active negligence.” United Contractors is working with legal counsel on revising our standard agreements prior to the compliance deadline and will let our members know when they are available.
AB 1396—Written Commission Agreement Requires a signed written agreement for all commission pay arrangements, with specific
First In Service Since 1979
SHORING EQUIPMENT TRAFFIC CONTROL CONFINED SPACE FALL PROTECTION
STEEL TRENCH BOX
First In Service – Since 1979 Los Angeles, CA N. LA/Ventura, CA Orange County, CA San Brndno/Rvrsd, CA
Escondido, CA 877/246-4085 800/821-4478 San Diego, CA 866/829-6906 877/246-4087 North S.F. Bay Area, CA 800/321-5550 800/772-8004 South S.F. Bay Area, CA 877/246-4086 877/246-4085 website: www.tprco.com email: email@example.com
8 W W W. U N I T E D C O N T R A C T O R S . O R G
Sacramento, CA Reno, NV Las Vegas, NV Houston, TX
800/548-0688 877/809-6492 877/809-6493 866/247-9449
Have A Question?
provisions to be included. includeed. This law ff January 1, 2013, so goes into effect employers need to make sure that all relevant documents and procedures are in compliance. Additionally, here are updates on a couple of items related to HR procedures:
Call us. If we don’t have the answer, we will find it. A sampling of the topics we can help you with are: • Payroll and trust fund contributions • Contract interpretation of union agreements (shift work, subcontracting, holidays, etc.) • Prevailing wage compliance • Apprentice manning and public works apprentice requirements • Hiring, discipline and termination • Substance abuse policies For Help Desk related questions, call us at (925) 855-7900, or email us at firstname.lastname@example.org.
NLRB Poster—Notice of Employee Rights Still on Hold The new rule issued by the National Labor Relations Board (NLRB) requiring the posting of a Notice of Employee Rights was temporarily enjoined by the D.C. Circuit Court of Appeals earlier this year. Employers do not need to post this notice at this time. UCON will keep our members posted on any developments, and you can also check on the status at www.nlrb.gov/poster.
Building for the Client, Supporting the Community
Form I-9—Expired Form Still Valid Although the current Form I-9 has an OMB expiration date of August 31, 2012, there is no new form to take its place yet. Until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. UCON will provide updated information about the new version of the Form I-9 as it becomes available, and you can also subscribe to I-9 Central (http://www. uscis.gov/I-9Central) to receive Form I-9 updates. Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States. ◆
“I seem to find the most arcane issues, but United Contractors always finds the right answers.” — Joseph J. Albanese, Inc.
*(1(5$/(1*,1((5,1*&2175$&7256 Offering clients a full range of construction and management services on complex transit projects
By Kevin Pedrotti, JK Pedrotti, Inc., United Contractors Legislative Advocate
The Legislature’s Last Days: Signed Bills Mean Victory for Our Industry Sig Au August ugu 31st marked the end of the 2011-2012 legislative session, leaving 30 day days for the Governor to sign or veto bills passed by the legislature thi is session. se this Th he la The last days of the legislative session brought many significant industry iss ues to the forefront. A last minute effort to inject CEQA reform was issues blo ocke by the legislative leadership, who declared there was insufficient blocked tim me to t address such a complicated issues in the remaining legislative time yea ar; however, h year; the Senate champion for CEQA reform, Senator Michael Ru ubio said he will take this issue up again next session. In another major Rubio, pu ush, the legislature, with support of the Governor, successfully pushed push, thr roug comprehensive workers’ compensation and public pension through reform on the final day of session.
Complete Cathodic Protection & Corrosion Control Solutions Field Services include: • C.P. & Pipeline Surveys • C.P. Installation & Maintenance • Current Mapping • Resistivity & Potential Profiling • Pipeline & Cable Locating • Holiday Detection • System Commissioning • Current Mapping & Requirement • Pipeline Casings Fillers • and much, much more
Engineering & Design Services: • C.P. Designs & Design Reviews • Economic Feasibility • Budget Estimating • Data Analysis • Customer Training
Products include: • Anodes & Accessories • Rectifiers • C.P. Cables & Wire • Coatings & Isolators • Test Equipment & much more...
Toll Free: 1-888-532-7937 www.farwestcorrosion.com 10 W W W . U N I T E D C O N T R A C T O R S . O R G
Of the many bills we supported, three key pieces of industry legislation made their way to the Governor’s desk, and two have been signed into law, signaling two major victories for the construction industry.
SB 1099, authored by United Contractors Digger Award winner, Senator Roderick D. Wright, was recently signed into law by G Governor Brown. This bill provides that unless an effective date is specifically provided, a regulation or an order of repeal shall become effective on a quarterly basis. Every year, businesses face countless new regulations promulgated by state agencies. The regulations go into effect 30 days after filing with the Secretary of State, and this happens year round. It is difficult, if not impossible, for a small business with minimal staff to keep track of the regulatory process involving multiple departments and agencies. The passage of SB 1099 is a success for industry, and will help create consistency for businesses and regulatory certainty in California. AB 1671 (Huffman), co-sponsored by UCON, protects the flow of public works funding, which is a top priority for us. This legislation d until January 1, 2020, the sunset date prohibiting extends, the Department of Transportation (CalTrans) from withholding retention proceeds to its contractors when
making progress payments for work performed on a public works projects. The initial legislation was passed in 2008, and AB 1671was signed into law by Governor Brown earlier this month. This extension of the zero percent retention rate for Caltrans projects is great news for the construction industry and the many contractors who work with Caltrans.
SB 965 which (as of publication print date) anxiously awaits a signature or veto from the Governor, is another regulatory reform bill authored by Senator Wright. If signed, this legislation would establish allowable ex parte communications with State Water Resources Control Board (SWRCB) and Regional Water Quality Control Board (RWQCB) members and increases public access to the SWRCB and RWQCB public processes. Ex parte communications are made in private between an interested party in a decision making process and an official in a decision making position. By allowing access to decision makers, a more effective and balanced approach can be made to enacting public policy.
heard through UCONâ€™s â€œAdvocacy in Actionâ€? Center, which allows you to send a letter in just minutes to your elected officials. With hundreds of bills circulating Sacramentoâ€™s everchanging political climate, United Contractors remains dedicated to increasing and stabilizing funding for our industry, improving the business environment for our contractors, and strengthening our industryâ€™s voice inside the Capitol. â—†
Whether itâ€™s a last minute push for CEQA reform, regulatory reform, or extending the 0% retention rate provision for Caltrans, United Contractors is constantly and aggressively advocating on behalf of our members and their businesses. And our biggest accomplishments come when we all take action together! At times throughout the session, UCON will call upon our members to send letters of support or opposition to legislators on critical pieces of industry legislation. When we call upon YOU, make your voice
IT S WHAT WE DO.
%XLOGLQJ6WURQJ5HODWLRQVKLSV%XLOGLQJ7UXVWDQG&RQĂ€GHQFH %XLOGLQJ3URWHFWLRQDQG9DOXH ,QVXUDQFH5LVN0DQDJHPHQWDQG(PSOR\HH%HQHĂ€WV&RQVXOWLQJ%H\RQGWKH2UGLQDU\ 3OHDVHFRQWDFWXVWRGD\WROHDUQPRUH/HWÂˇVEXLOGVRPHWKLQJJUHDWWRJHWKHU David Alvarado San Francisco 415.356.3990
Brian Quinn San Ramon 925.244.7702
dĹ?ĹľZÄ‚Ä?Ä?Ĺ?ĆŠ Irvine 949.293.4122
Patrick McCaleb Fresno 559.259.4550
edgewoodins.com CA License 0B29370 Edgewood Partners Insurance Center
By Pete Ruane, President and CEO, American Road & Transportation Builders Association
A Transporation “MAP” for State & Local Officials—$$ for Industry? After nearly three years and nine short-term extensions of the federal highway and public transportation programs, Congress completed action in June on a two-year surface transportation reauthorization bill. President Obama signed the Moving Ahead for Progress in the 21st Century (MAP-21) into law on July 6. It stabilizes federal surface transportation investment through FY 2014 and makes a number of policy reforms that will impact all parts of the transportation community, including state and local officials. While many of these policy matters involve changes to the 2005 reauthorization measure (SAFETEA-LU) program structure, and have long been sought by most transportation advocates, we cannot overlook the impact
on local governments that will result from MAP-21’s reduced level of federal funding for highway improvements in FY 2013 and FY 2014.
FUNDING Federal funding for highways peaked at $41.1 billion in FY 2010 and FY 2011. In FY 2012, Congress reduced funding to $39.1 billion. MAP-21 increases this slightly to $39.7 billion in FY 2013 and $40.3 billion in FY 2014, reflecting projected inflation. In states where a share of federal funds is suballocated to local governments by formula, they will automatically receive less in 2013 and 2014 unless the state fills the gap with its own funds. Other states may try to make up for the reduced federal funding by reducing discretionary aid to local jurisdictions. This process began in some states in FY 2012 but is likely to intensify in 2013 and 2014 as the gap between state highway needs and resources grows ever larger, resulting in many having to finance a larger share of their highway improvements.
Contract Drafting, Review and Negotiation
Trial and Arbitration Claims, Dispute Resolution and Mediation Bid Protests Collection Employment Counseling
|phone| 650.691.2888 |fax| 650.691.2889 |web| www.lrconstructionlaw.com
Contact: Janette G. Leonidou A. Robert Rosin
Leonidou & Rosin 777 cuesta drive | suite 200 mountain view, california 94040
12 W W W . U N I T E D C O N T R A C T O R S . O R G
Programmatic changes in MAP-21 could also have a significant impact. Most notable is that MAP-21 has a much simpler program structure than SAFETEA-LU. While SAFETEA-LU contained dozens of programs, each authorizing the expenditure of federal funds for a specific kind of highway improvement, MAP-21 aggregates them into four programs that give states much more flexibility in how they use their federal highway funds. Specific SAFETEA-LU programs affecting local governments are now largely gone, including the High Risk Rural Road Program, the Safe Routes to Schools Program, the Recreational Trails and Scenic Byways Programs, and the Transportation Enhancements Program. In their place, MAP-21 transforms these into eligible activities within the existing Highway Safety Improvement Program and a new category of “Transportation Alternatives.” While MAP-21 requires states to spend at least two percent of their federal highway funds on Transportation
Alternatives, the total is about $300 million less per year than the total for these programs under SAFETEA-LU.
PROVISIONS MAP-21 includes some provisions that could maintain or even increase federal help to local governments: • MAP-21 preserves sub-state allocation of Surface Transportation Program (STP) funds. Half the funding each state receives under the STP is to be allocated within the state based on population, with funds being divided between urbanized areas over 200,000 population, other areas between 5,000 and 200,000 population, and rural areas with populations of less than 5,000. Every part of the state is thus guaranteed to receive at least some federal highway funds. The other half of STP funding may be used anywhere in the state. • MAP-21 preserves a mandatory set-aside for offsystem bridges, also as part of the STP program. Each state is required to spend as much on off-system bridges each year as was required in FY 2009 under the 15 percent off-system setaside in the SAFETEALU Bridge Program. • A new provision of the STP makes improvements to minor collectors eligible for federal funding, if the improvement will enhance the level of service on a related National Highway System (NHS) route and is more cost-effective than an improvement to the NHS route. • As part of new “National Freight Policy” provisions, MAP-21 encourages states to invest in highway improvements that improve the flow of freight by increasing the federal share of project costs to 90 percent or more. The important element for local governments is that each state has to define a freight network that, in addition to Interstate Highways and NHS highways that are critical to freight movement, may also include local rural roads with significant truck traffic. • The new law also creates a comprehensive performance process under which the U.S. Secretary of Transportation develops national goals and performance measures to track progress towards those goals. States are then charged with setting performance targets and reporting to the Secretary on their efforts to achieve those targets.
is used when projects create minimal impacts on the environment. The difference between a CE and the more extensive environmental assessments (EA) or environmental impact statements (EIS) is multiple years added on to the amount of time it takes to complete a project review. MAP-21 now automatically classifies many routine projects as CEs. These include rehabilitation and repair projects, projects within an existing rightof-way, projects with minimal federal resources and projects undertaken as a result of an emergency situation. Expanding the use of CEs to these additional areas will enable local governments to have more certainty as to when a CE can be used.
REVIEW AND APPROVAL The law also expands opportunities for state and local governments to take control over various elements of the review and approval process. States now have the option of stepping into the federal role during the environmental review process. Delegation of the federal role in the environmental review process could help reduce delay, as states would not have to “wait in line” for federal approvals and schedules. States can assume Continued on next page
CLASSIFICATION MAP-21 a number of new opportunities for than “UCONincludes did an outstanding job. They provided more state and local governments to reduce delayknow in project excellent service. You can see they really their stuff and weOne rely of onthe that.” delivery. most significant changes to existing —isMichelle Hernandez, Pipelines, Inc. law an expansion of thePreston use of “categorical exclusions” (CEs) during the environmental review process. A CE OCTOBER 2012
control of either the entire environmental review process or just over the CE process. MAP-21 also allows the use of STP funds to cover legal expenses associated with the delegation of environmental responsibilities. MAP-21 provides options for reducing the amount of duplicative work in the review and approval process, including using materials in the transportation planning process during the National Environmental Policy Act (NEPA) review. This would reduce delay by allowing, where appropriate, the use of material already created instead of “reinventing the wheel.” MAP-21 also
encourages the use of programmatic agreements, spelling out requirements in the beginning of the review and approval process, rather than over a longer period of time. By outlining requirements early in the process, programmatic agreements provide a chance to give transportation planners increased certainty throughout the overall review process.
DEADLINES MAP-21 establishes new deadlines in the review process and tightens existing deadlines; e.g. shortening the amount of time allowed for lawsuits against projects from 180 days to 150 days. It establishes new deadlines for permitting decisions from federal agencies. If these deadlines are not met, the agencies suffer financial penalties. Finally, if a project is involved in an EIS for more than two years, a request may be made to have the United States Department of Transportation set a schedule ensuring the project will be completed in no more than four additional years.
CONCLUSION The reforms in MAP-21 will make federal surface transportation investment more efficient, transparent and accountable. In so doing, the new law should help restore public confidence in the federal stewardship of transportation resources. The enactment of MAP-21, however, is not an opportunity to put these programs on auto pilot. The Highway Trust Fund will again be facing a solvency crisis at the end of FY 2014—if not before. As such, it is imperative that the entire transportation community redouble its efforts to convince Congress to enact a long-term revenue solution to ensure the sustainability of the federal highway and public transportation programs and complement MAP-21’s many policy reforms. ◆ The preceding article has been reprinted with permission from the American Road & Transportation Builders Association (ARTBA). United Contractors is an affiliate of ARTBA. For more information, visit www.artba.org.
14 W W W . U N I T E D C O N T R A C T O R S . O R G
“UCON did an outstanding job. They provided more than excellent service. You can see they really know their stuff and we rely on that.” — Michelle Hernandez, Preston Pipelines, Inc.
United Contractors 24th Annual al Government Relations Dinner & Auction
Saturday, November 3, 2012 Craneway Pavilion, Richmond Marinaa District District
About the 2012 Auction:
How You Can Participate:
United Contractors takes a trip back to the classics, ‘30s, ‘40s, ‘50s and ‘60s, complete with vintage automobiles. By supporting the United Contractors annual Government Relations Dinner & Auction you are supporting the efforts to promote the policies and politics that work for California’s union-affiliated construction industry in the public and private market.
• Attend the Auction – And invite other UCON members, and even those outside of the association to attend and support our industry. • Donate – Donate an item for the silent or live auction, or money in any amount to help us with the event! • Sponsor – Be a key sponsor of the event and get premiere marketing for your business.
Our political advocacy is your political advocacy! Each dollar raised at this event goes towards building, maintaining and protecting our industry! The funds help build UCON’s government relations program and are returned to you through a better business environment, increased funding for public works, legislation that protects or improves your business and helps to pass some of California’s greatest infrastructure projects and initiatives.
For more information contact Jenn Rogers, Event Manager at email@example.com, (925) 362-7309, or visit www.unitedcontractors.org.
Auction Sub-Committee: Thank you to our auction committee; we would not be able to achieve the goals set without the support, time and dedication from our auction sub-committee:
Chris Young, D. W. Young Construction Co., Inc. (Chairman) Bruce Daseking, McGuire and Hester (Co-Chair) Andrew Vasconi, A.J. Vasconi General Engineering Kevin Dern, Ghilotti Bros., Inc. Debbie Ferrari, MAG Trucking Rene Cameron, Moss Adams LLP Christi Plum, P C & N Construction, Inc. Bret Lawrence, Woodruff-Sawyer & Co. Visit our website often to see all of the new silent & live auction items that will be available at the event.
16 W W W . U N I T E D C O N T R A C T O R S . O R G
Auction Sponsors: (as of print date)
Gold Sponsors Go
Friends of UCON Sponsor West Valley Construction, Inc.
Bronze Sponsors Moss Adams LLP Travelers
Auction Item Preview: Safari Adventure on the Sonoma Serengeti — Robert Chrisp, Chrisp Company
Warriors Tickets — Jerry Condon, Condon-Johnson & Associates, Inc.
Bank of the West Tennis Classic One Week at NorthStar Tahoe — Bob Purdy, RGW Construction, Inc.
C Chocolate Labrador Retriever Puppy R
— Janette Leonidou, Leonidou & Rosin Professional Corporation
Duck Hunting Trip — Rod Stevenson, Stevenson Supply
— Bruce Daseking, McGuire and Hester
AUCTION PREVIEW Baseball Fans— Ultimate Passes
— Robert Fried, Atkinson, Andelson, Loya Ruud & Romo
— Mike Carter, All American Rentalss
Case of 2009 Seghesio Zinfandel
The Ultimate Bocce Challenge — Ricky Serrano, R.E. Serrano, Inc. and Tom Albanese, ly Co., Co Inc. Inc Central Concrete Supply
— Andrew Vasconi, A. J. Vasconi General Engineering
Golf at Stonebrae The San Francisco Experience — George Furnanz, Stacy and Witbeck, Inc.
— Jim Untiedt, Aon Construction Services Group
Flat Screen TV Raiders Luxury Box — Brian Bothman, Robert A. Bothman, Inc.
—John Parodi, IronPlanet
Dom Perignon with Private Waiter (UCON’s Mark Breslin) 2 Nights at the Villagio Inn & Spa — Michael Ghilotti, Ghilotti Bros., Inc.
— Michael Kelly, West Valley Construction, Inc.
3 Summer Nights at Northstar Tahoe — Mike Preston, Preston Pipelines, Inc.
18 W W W . U N I T E D C O N T R A C T O R S . O R G
By Tony Dorsa, TD Consulting, UCON Regulatory Consultant
Road Blocks to Recovery Regulatory Costs Trickle Down to Contractors A short while ago, one of our contractor members received a letter from his concrete vendor, indicating price increases to become effective January 2013. The vendor indicates that because of the struggling economy, they cannot afford to absorb the added costs of CARB On-Road compliance requirements; therefore they must add an Environmental Fee Surcharge of $40/load for concrete, and $5/load for aggregate. Welcome to California. For the first time since their implementation, we are confronted publicly with specific, direct, negative economic ramifications of the CARB Regulations. Is this a way to send CARB a message? And, if so, to what extent will CARB heed that message? The questions must be asked: What harmful effect would a two-year delay in the implementation of the Trucking Regulations have on emissions reductions throughout California? And what actual harmful effects are the CARB regulations now having on the struggling state economic recovery—which relies so heavily on our construction industry—specifically in the Bay Area and Central Valley?
The CARB Board of Directors will continue to listen to the parade of environmental speakers which appears at Board hearings and meetings. Heads nod affirmatively as speaker after speaker tells of the health hazards of air pollutants, such as PM 10 diesel emissions, and PM 2.5 smoke and soot. The Board’s view seems to be that these health considerations far outweigh the costs of compliance with the regulations. Whenever possible and feasible, project cost increases are passed through to the customer, and ultimately to the end-user. Precedents include price increases in steel, diesel fuel, plastic pipe, and lumber, which resulted due to overall shortages or price increases in an underlying base product, such as petroleum. As contractors bidding public works and other projects, we have experienced the nightmare of maintaining bid prices as our material costs skyrocket. Ultimately, as costs are passed through, project budgets implode. End-users see the cost overruns, object to the increases, and either pay the change orders, or not. It’s the “not” that places the burden back on the contractor, as well as the taxpayer. At a time when our struggling industry is just beginning to recover, however slightly, CARB again slams the door, refusing to listen to our economic arguments and to our requests to delay implementation and enforcement until the economic recovery has gained a stronger foothold. Current statistics will show that the economic crunch has reduced emissions significantly, because with no work, the equipment sits in the yard, or is used sparingly. Fleets sit idly by until needed and surplus equipment and vehicles are retired or sold. It is the economy, and not the regulations, that reduced emissions levels throughout the State.
20 W W W . U N I T E D C O N T R A C T O R S . O R G
Under the Federal Clean Air Act, CARB has EPA obligations to meet, and is doing so at the expense of the one industry that the State of California needs to complete the economic recovery we so desperately seek. California’s recovery will be a long and tedious process; and regulations which put the construction industry out of business are nothing but roadblocks to recovery. ◆ United Contractors is here to help. We continue to represent your interests to the regulatory agencies. Contact Tony Dorsa, TD Consulting Services, and UCON Regulatory Consultant, at (408) 649-4383, or Emily Cohen, Director of Government Relations at (925) 855-7900.
Deep Wells Well Points Relief Wells Dry Wells Trench Drain Dewatering
Creek Diversions Temporary Onsite Water Systems Pond Dewatering/Unwatering Hose, Fittings & Other Accessories Full Automatic Priming Set Up Option with Liquid Level Controls Suction - Discharge Hoses Main Line Piping - HDPE - PVC - Yelomine Manifolds - Diffusers Installation by experienced union technicians and installers
Generators Fuel Cells Submersible Pumps Discharge Pumps Auto Transfer Switches Sand Tanks Centrifugal Pumps Flow Meters Bypass Pumps Light Tower Frac Tanks J-Stands Step Down Transformers Buck Boosters
Woman Owned Business and SBE Certiﬁed #20783 Viking Drillers, Inc. Family Owned and Operated Since 1983 801 Northport Drive, West Sacramento, CA 95691
Territories: CA LIC. #476668 NV LIC. #0044407 NV LIC. #0034680 OR LIC. #188505
up United Contractors University: Your Education & Training Resource Can’t find the specific classes you are looking for? UCON can help. Contact Joan O’Brien, Education Manager at (925) 362-7303, firstname.lastname@example.org. Joan can give you more information regarding our education courses, including OSHA compliance classes, administrative professional seminars, and more.
EDUCATION & TRAINING FIRST AID/CPR 4 HOUR REFRESHER Saturday, October 20, 8:00am-12:00pm Location: Executive Conference Room, San Ramon Cost: $65 member; $90 non-member
RATED out4.85 of 5.00 A 4-hour refresherr class for those needing to renew their certification, or to sharpen theirr knowledge and skills.
SUBCONTRACTOR REVIEW & NEGOTIATION Thursday, November 8, 8:00am-10:00am Location: Residence Inn Marriott, Pleasanton Cost: $35 member; $60 non-member A new class designed to assist st subcontactors with proposal preparation, including what to avoid and successful negotiating techniques.
Publication Statement of Ownership:
22 W W W . U N I T E D C O N T R A C T O R S . O R G
HIGH PERFORMANCE, HIGH PROFIT FOREMAN N Wednesday, October 24, 6:00pm-8:00pm 8:00pm Location: Holiday Inn, Dublin Cost: $99 member; $199 non-member
RATED out4.77 of 5.00
Management development and leadership training is one of the most powerful methods of industry growth and revenue generation. No one is more important in the profit equation than the foreman running the job.
“I have earned both a Bachelo Bachelor’s and a Master’s degree and have been in the industry for 25 years managing over 75 million dollars worth of projects. Mid-way through the High Performance, High Profit Foreman Seminar, the light finally came on...this seminar has made a huge difference. I have begun to love the industry again.” — Ghilotti Construction Co.
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
This course offers your foreman a chance to work side by side with their peers, and gain valuable insight on everyday practices that can be immediately applied to their workplace.
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
United Contractors OCTOBER MEMBER ANNIVERSARIES United Contractors would like to take this opportunity to recognize and thank the following companies who are celebrating their anniversary of membership with our organization in October:
39 YEARS – 1973 Contractor Member: Sanco Pipelines, Inc. Dave Schrader
35 YEARS – 1977 Contractor Member: Maggiora & Ghilotti, Inc. Gary Ghilotti
30 YEARS – 1982 Contractor Member: Pacific Boring David Cline
28 YEARS – 1984 Contractor Member: Ranger Pipelines, Inc. Tom Hunt
Associate Members: Groeniger & Company Dick Alexander Tri-West Tractor, Inc. Randy Cram
25 YEARS – 1987 Associate Member: State Compensation Insurance Fund Cesar Farfan
24 YEARS – 1988 Contractor Member: St. Francis Electric Bob Spinardi
24 W W W . U N I T E D C O N T R A C T O R S . O R G
23 YEARS – 1989
16 YEARS – 1996
Associate Member: CEMEX Mike Camello
Contractor Member: K.J. Woods Construction Company, Inc. Kieran Woods
20 YEARS – 1992 Contractor Member: R & B Equipment, Inc. Rick Jeffery
19 YEARS – 1993 Contractor Member: Norwood Construction Larry Norwood
18 YEARS – 1994 Contractor Member: Lone Star Landscape, Inc. Robert Samaniego
17 YEARS – 1995 Contractor Members: R.J. Gordon Construction, Inc. John Johnson O.C. Jones & Sons, Inc. Kelly Kolander
15 YEARS – 1997 Contractor Member: Bugler Construction Shelley Bugler
14 YEARS – 1998 Contractor Member: Condon-Johnson & Associates, Inc. Jerry Condon
13 YEARS – 1999 Associate Member: M.B. McGowan & Assoc. Ins. Agency, Inc. Michael McGowan
9 YEARS – 2003 Contractor Member: Neary Landscape, Inc. Brian Neary
Associate Member: MAG Trucking Debbie Ferrari
W. C. Maloney, Inc. Amy Campbell Associate Members: Last & Faoro William Last, Jr.
8 YEARS – 2004 Contractor Member: Michels Tunneling Ray Post
RDO Integrated Controls Andrew Evans
7 YEARS – 2005
4 YEARS – 2008
Contractor Member: Penhall Company Scott Hustad
Contractor Member: Campanella Corporation Mike Campanella
Associate Member: Robust Network Solutions Wadih Zumot
6 YEARS – 2006 Contractor Members: D & D Pipelines, Inc. Dennis McElligott
2 YEARS – 2010 Associate Member: OSHA Training Center John Messing
1 YEAR – 2011 Associate Member: Protection Engineering Michael Weston
Underground Contractor Products UNDERGROUND CONTRACTOR PRODUCTS Utility Sand | ¾" Drain Rock | 1½" Drain Rock Pea Gravel | Class II AB Class IV AB | Concrete | Slurry Mixes | Road Materials | Hotmix Asphalt Graniteseal | Granitepatch™ TRANSPORTATION Graniterock offers a wide variety of high-quality delivered products. EROSION CONTROL PRODUCTS Blankets | DI Protection | Geo-Synthetics | Silt Fences | Wattles RECYCLE YARDS PRODUCTS AND SERVICES Recycled Baserock | Class II | Class IV | Engineered Fill | Recycling Mobile Crushing Services | Caltrans Class | Subbase Material ¾" Non-spec Drain Rock | ó¹8" Fill Sand ¾" AC Baserock made on demand (minimum 5,000 ton orders) 3" Minus Course Material (for construction access areas) 888.ROCK.100 | graniterock.com
SIMPSON, GARRITY, INNES & JACUZZI, P.C. Attorneys At Law
Attorneys Representing Businesses In All Labor and Employment Law Matters
Paul V. Simpson and Marc L. Jacuzzi ◆ • Employment Law Counseling • Employment Litigation • Prevailing Wage Compliance • Labor Commissioner Matters • Wage-Hour Class Action Defense • Trust Funds Litigation • Arbitrations, EEOC, and NLRB • Employment Contracts • Union Disputes • Employee Handbooks • Trade Secrets/Unfair Competition
601 Gateway Blvd., Suite 950 South San Francisco, CA 94080 (650) 615-4860 website: www.sgijlaw.com
What Happens in the Capitol Does Not Stay in the Capitol The legislative actions of our elected officials impact your business and our industry everyday throughout California. Sending the right people to the Capitol is critical—people who understand the vital importance of our industry, value businesses in California, and are willing to step up and lead the way in policy making. The success of United Contractors Government Advocacy is directly related to you! United Contractors PAC relies on donations from our members and is an investment into the future of our industry. United Contractors PAC is used to support state and local candidates who can make a difference for our industry. We contribute to candidates from both parties who show an interest and an understanding of our industry, and are dedicated to strengthening the business environment for the construction industry here in California. The strength of our PAC is a testament to the strength and voice of our industry throughout California. Contribute to the PAC today and help protect our industry for tomorrow.
Thank you to the United Contractor members who have made PAC contributions in this 2012 year (as of printing): A. J. Vasconi General Engineering Advanced Stormwater Protection, Inc. AJW Construction ARB, Inc. Bay Cities Paving & Grading, Inc. Bay Pacific Pipeline Brutoco Engineering & Construction, Inc. Burnham Brown Cal State Constructors, Inc. California Trenchless, Inc. CBIZ Conco-West Inc. Condon-Johnson & Associates, Inc. Corrpro Companies, Inc. Cynergy Financial D & D Pipelines, Inc. D.P. Nicoli, Inc. D.W. Young Construction Co., Inc. D’Arcy & Harty Construction Inc. DeSilva Gates Construction DHE Inc. Equipment Co. Eighteen Trucking, Inc. Esquivel Grading & Paving, Inc. Flatiron Construction Corp. Gallagher & Burk, Inc. GE Capital Ghilotti Construction Co. Golden State Boring & Pipe Jacking, Inc. 26 W W W . U N I T E D C O N T R A C T O R S . O R G
Gordon N. Ball, Inc. Granite Construction - Materials Division Granite Construction Company Groeniger & Company The Guarantee Company of North America USA Heffernan Insurance Brokers Helix Industrial, LLC Highway Technologies, Inc. Inner City Demolition, Inc. J.J.R. Construction, Inc. KriStar Enterprises, Inc. Las Vegas Paving, Inc. Lehigh Hanson Lockton Insurance Brokers, LLC Mabey Bridge & Shore, Inc. McGuire and Hester MDR Inc, dba ACCU-Bore Directional Drilling Mountain Cascade, Inc. Nada Pacific Neary Landscape, Inc. O.C. Jones & Sons, Inc. Old Republic Construction Program Group Oldcastle Precast - Enclosure Solutions P C & N Construction, Inc. Performance Equipment, Inc. Peterson Tractor Co. Petrinovich Pugh & Company, LLP
Precision Drilling, Inc. R.E. Serrano, Inc. R.J. Gordon Construction, Inc. Rain For Rent Ray’s Electric Redgwick Construction Company RGW Construction, Inc. Road Machinery, LLC S & S Trucking Shimmick Construction Company, Inc. Shimmick Construction Company, Inc./ Obayashi Corporation JV Sierra Mountain Construction Silverado Contractors, Inc. Simpson, Garrity, Innes, & Jacuzzi, P.C. St. Francis Electric Stacy and Witbeck, Inc. Striping Graphics Tidelands Construction Company Top Grade Construction, Inc. Tri-West Tractor, Inc. Valentine Corp. Vanguard Construction W.C. Maloney, Inc. W.R. Forde Associates Watt, Tieder, Hoffar & Fitzgerald, LLP Wells Fargo of California Insurance Services, Inc. Western Stabilization
ES5]b6gR`O\ba /\g1]Z]` ]`AbgZS /\g ;O\cTOQbc`S`
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
&$%#>7>3 Groeniger & Company
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
36 % 0 MONTHS
On All Service Work At Peterson
Call Your Peterson Product Support Rep Today! Northern California
Oregon & Southern Washington
www.petersoncat.com Must meet minimum of $1000 parts and labor, using Genuine Cat parts. Offer requires Cat Financial Commercial Account, and subject to credit approval. Some restrictions may apply. Valid Sept. 1, 2012 - Jan. 31, 2013.
Published on Oct 11, 2012