United Contractors Magazine January/February 2024

The Leadership Launch Strategies and Solutions for Building Authentic Leaders

JA N / F EB 2 0 2 4 I S S UE / VO LU M E 2 3 0 W W W. U N I T E D C O N T R A C T O R S . O R G

ORSH MENT

IP

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THE LEADERSHIP ISSUE: Leadership Lessons from New Motherhood p.6 _______________________ UCON’s 2024 Board of Directors p.22 _______________________ A Blueprint for Securing Your Construction Legacy p.28

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CONCORD 5151 Port Chicago Highway Concord, CA 94520 (925) 822-0366

SAN JOSE 2969 Daylight Way San Jose, CA 95111 (408) 224-1052

TURLOCK 2800 N. Golden State Blvd.

Turlock, CA 95382 (209) 632-5084

SAN FRANCISCO 251 Shaw Road South San Francisco, CA 94080 (415) 642-2350

FRESNO 5704 S. Toyota Place Fresno, CA 93275 (559) 442-8989

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HAYWARD 4125 Breakwater Avenue Hayward, CA 94545 (510) 786-9506 RENO 12905 Old Virginia Road Reno, NV 89521 (775) 348-0140

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WE BUILD

INFRASTRUCTURE The Nor Cal Carpenters Union and it’s contractors invest over 45 million dollars annually to train our members in the latest industry standards, innovations and technologies. We will bring your infrastructure project in on time and on budget.

CONTRACTORS 2024 UNITED CONTRACTORS BOARD OFFICERS President...................................Kevin Hester, McGuire and Hester VP/President-Elect.........Kurt Eddy, Pavement Recycling Systems, Inc. Secretary/Treasurer.......Juan C. Arrequin, Bay Line Cutting & Coring, Inc. Sec/Treas-Elect.........................Greg Goebel Jr., Goebel Construction, Inc.

IN THIS ISSUE

JANUARY/FEBRUARY 2024 VOLUME 230 06 UP FRONT Spit-Up and Strategy: Leadership Lessons from New Motherhood

UNITED CONTRACTORS BOARD OF DIRECTORS

KELLY ATTEBERY, F & M BANK; TOM BARR, GHILOTTI BROS., INC.; DALE R. BREEN, MIDSTATE BARRIER, INC.; BRYN BURKE, DEES BURKE ENGINEERING; SEAN CASTILLO, TORO ENTERPRISES, INC.; RITA VIGILFERGUSON, G & F CONCRETE CUTTING, INC.; GARRETT FRANCIS, NOR-CAL PIPELINE SERVICES; MICHAEL GATES, DESILVA GATES CONSTRUCTION, LLC; ALAN GUY, ANVIL BUILDERS; MATT LOVINGIER, JMH ENGINEERING & CONSTRUCTION, INC.; MICHAEL PRLICH, MIKE PRLICH & SONS, INC.; KEVIN REIMERS, WOODRUFF-SAWYER & CO.

by Emily Cohen | UCON EVP

10 LABOR UCON’s Labor and Member Services Team UCON Industry Partner Meetings

UCON LEADERS | UNITED CONTRACTORS COMMITTEE CHAIRS

ASSOCIATES: KELLY ATTEBERY (ASSOCIATE DIRECTOR), F & M BANK. | KEVIN REIMERS (ASSOCIATE DIRECTOR-ELECT), WOODRUFF-SAWYER & CO. CALTRANS: MICHAEL GHILOTTI (CHAIR), GHILOTTI BROS., INC. | LEGISLATIVE: ROB LAYNE, (CHAIR), O.C. JONES & SONS, INC. | POLITICAL ACTION (PAC): GEORGE FURNANZ (CHAIR), STACY AND WITBECK, INC.; STEVE CONCANNON (VICE-CHAIR) PAVEMENT RECYCLING SYSTEMS, INC. | SAFETY & INSURANCE: ROBERT SABIN, (CHAIR), HARBOR LINX, INC. | SF CITY CONTRACTOR LIAISON: MIKE GHILOTTI (CHAIR), GHILOTTI BROS., INC., MIGUEL GALARZA (CHAIR), YERBA BUENA ENGINEERING & CONSTRUCTION, INC. | SCHOLARSHIP: TRONY FULLER, (CHAIR), WEST COAST SAND & GRAVEL | REGIONAL EXECUTIVE COUNCIL: MICHAEL PRLICH (CHAIR), MIKE PRLICH & SONS, INC.; GARRETT FRANCIS (CHAIR), NOR-CAL PIPELINE SERVICES

UNITED CONTRACTORS STAFF

MARK BRESLIN, CHIEF EXECUTIVE OFFICER; EMILY COHEN, EXECUTIVE VICE PRESIDENT; TEJEL PATEL, EXECUTIVE ASSISTANT TO CEO; URSULA BECKER, EXECUTIVE ASSISTANT TO EVP; VICTOR SELLA, VICE PRESIDENT OF LABOR RELATIONS; CLAY O’NEAL, REGIONAL VICE PRESIDENT, SOUTHERN CA OPERATIONS; RAY BACA, REGIONAL DIRECTOR, SOUTHERN CALIFORNIA; RUBY VARNADORE, SENIOR LABOR CONTRACTS MANAGER; DILPREET MAYALL, LABOR CONTRACTS MANAGER; LUCIA MIXON, CONTRACTOR MEMBER SERVICES, SOUTHERN CA; SANDRA KAYA, ADMINISTRATIVE SPECIALIST; MELISSA GUTWALD, VICE PRESIDENT OF FINANCE & OPERATIONS; DENISE RAMIREZ, ONLINE SERVICES MANAGER; EMMY MCCONNELL, SENIOR ACCOUNTANT; MICHELLE HANNIGAN, BOOKKEEPER; GABRIELLE GONZALEZ, OFFICE ADMINISTRATOR, SOUTHERN CALIFORNIA; ANGELICA GOUIG, DIRECTOR OF EVENTS & EDUCATION; CHRISTINE TRAINA, EVENT MANAGER; RACHEL ORAA, EVENT ASSISTANT; AVANTI MEHTA, EDUCATION ASSISTANT; MICHELLE VEJBY, MARCOM MANAGER; EDDIE BERNACCHI, UCON CHIEF LOBBYIST; CHRISTOPHER LEE, SAFETY CONSULTANT; DREW DELANEY, MIKE BUCKANTZ, REGULATORY CONSULTANTS United Contractors Magazine (ISSN: 2166-3777) is published monthly, 11x a year, by United Contractors, 17 Crow Canyon Court, Suite 100, San Ramon, CA 94583; 2401 East Katella Ave., Suite 500, Anaheim, CA 92806. 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, or by e-mail at info@unitedcontractors.org. 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. © 2024 Published in the U.S.A.

What UCON Labor and Member Services Can Do for You Contract Corner

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INSIDE THE CAPITOL Support & Engage with UCON’s Government Relations Programs This Year—Save the Dates!

by Emily Cohen

EXCELLENCE & LEADERSHIP 22 IN CONSTRUCTION Welcome UCON’s 2024 Board of Directors Leader Profile: Q&A with 2024 President Kevin Hester Avoiding Mickey Mouse Succession

by Eric Anderton | Construction Genius

34 NEXT UP February & March Courses

By Angelica Gouig | Director of Events and Education

more inside 42 SAFETY

46 WE ARE UCON

44 CARB

50 LAST CALL

U N I T E D C O N T R AC TO R S . O R G

JANUARY/FEBRUARY 2024

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front

By Emily Cohen UCON EVP

SPIT-UP AND STRATEGY: LEADERSHIP LESSONS FROM NEW MOTHERHOOD I was seven months pregnant at our Southern CA PAC fundraiser last year. During that event, one of our members said to me, “It’s the funniest thing, but I can’t tell you how many people I’ve seen become better leaders and managers once they have a kid.” I was surprised to hear it.

sleep deprivation, the spit-up, and the (occasional) screaming (mostly hers), I’ve reflected a lot on that conversation. We can’t control people. So, as leaders, how do we ensure we create the right environment, opportunities, and outcomes to tap into the best of someone and deliver long-term success?

“On multiple occasions,” he said, “I’ve been on the verge of firing a manager. Then they have a kid and become one of my best people leaders.” Genuinely curious, I asked, “Why do you think that is?” With complete clarity, he responded, “Because they learn you can’t control people.”

Whether it’s at home, in the office, or out in the field, here are eight evidence-based practices to help us all to meet the moment:

Brilliant.

On August 19th, my daughter, Eleanor “Ellie” Grace, was born, and the last 20+ weeks as a new mom have been nothing short of transformational. Between the

A leader’s best tool is a mirror. One of the things my husband and I talk frequently about is the kind of parents and spouses we want to be. What’s our strategy? Are we aligned? The real question, though, is whether we are self-aware enough to see ourselves as we really are so that we can get to where we want and need to be. The same is true for leading in business. Self-reflection is a leader’s most important tool, yet many won’t pick up the mirror, and there’s no one willing to tell them the truth. Do you know where you really stand with your people? Do you know how others see you versus how you think (or hope) they see you? What systems are in place to ensure you are aware of your weaknesses and understand your blind spots as much as your strengths?

Inspire with Authenticity. Ellie is starting to babble.

A lot. And many people have joked, “I wonder where she gets it from?” My response is always the same.

“She’s going to be a talker, like her mama. There are no quiet women in this family!” In this era of leadership, we hear a lot about belonging. That is, creating a space for people to bring their authentic selves to work. One of the best ways to do this is to lead with authenticity yourself. Own your mistakes and your weaknesses. Tell the truth. Self-reflect. Be genuine in how you show up with people. When you are the leader, being who you are gives others permission to be who they are. And when people show up authentically, they do their best work.

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Appeal to values & purpose. A few years ago, my 6-year-old niece went through a hitting phase. My sister would say, “In this family, we don’t hit.” She made it about shared values.

At home and at work, we are all different people but part of the same team. It’s about more than just ourselves. A leader sets the values, lives them, and inspires others to live them, too.

(Happy to share that my niece has grown out of her hitting phase.)

Understand before you act. A mentor and business executive once told me that the most important thing a leader can do is to “get curious.” When you’re frustrated with something someone has done, seek to understand why they did what they did before you make your next move. Explore their reasoning with genuine curiosity, not judgment. (I remind myself this is applicable to marriage, too.)

Practice a growth mindset. I want Ellie to know that it’s not just natural abilities and talents that make a person successful. How we approach our goals and tackle challenges is essential to success. In 2016, my best friend told me she had signed up for a 6-day bike race across California. 550 miles from San Francisco to Los Angeles. She asked if I would join. Notwithstanding a decade of spin classes, I had never been on a road bike… and the ride was just 12 weeks away. I was terrified. But I signed up. Bought a bike. Bought the gear. And started riding. I fell (more than once), succumbed to injuries, and suffered many a brutal hill climb. But 12 weeks later, I was at the start line. And six days after that, I completed the 550-mile ride right in the middle of the pack. Eight years later, being a cyclist is part of my identity. A growth mindset understands that every person carries infinite and untapped potential. Embrace challenges and learn from failures. Get back up. Stay determined to meet the goal. Instilling a growth mindset in those we lead (and those we love) is a powerful gift.

Become a Master Reactor. If I’ve learned anything as a new mom, it’s that no matter how brilliant your plans or strategy may be, unexpected or unanticipated challenges or events are going to break in. Articulating and executing a vision is only part of leadership; Reacting to unfolding or unanticipated events is equally important. Knowing what distractions matter and determining if, when, and how to respond to them makes the difference.

Effective leaders are intentional and thoughtful in how they react to unforeseen challenges and disruptions.

Affirm their strengths. At some point in your life,

someone saw the very best in you, even when you couldn’t. A teacher. Parent. Boss. Or mentor. That person, most likely, changed your life by giving you the confidence to take on an important challenge or meet a critical moment. Praise is a superpower.

The best leaders see a person’s core strengths and inspire you to tap into them. See the best in people, and they will, too.

By the time you read this, I’ll be a little over five months into this parenting journey. (Ask me how it’s going!) There are good days and great moments.

There are bad days and brutally difficult moments.

It’s scary and exhausting. Exhilarating and fun.

But most importantly, it’s deeply meaningful. And although I can’t control her or anyone else, I can turn inward and focus on becoming the person I want to be for her. And that makes me think about leadership as its own unique skill. Commit to self-reflection, understand before I act, appeal to our values, practice and instill a growth mindset, master my reaction, affirm the strengths of each team member, and lead with authenticity. That’s a good place to start. And if I can keep the spit-up off my blouse before a meeting, well, then that’s even better.

Sincerely,

United Contractors (UCON) EVP JANUARY/FEBRUARY 2024

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Chris Barr

Executive Vice President Sacramento 530.906.3155

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UCON’S LABOR & MEMBER SERVICES TEAM

Helping You Navigate Labor, Operations, HR & Payroll Minefields Across California United Contractors Labor & Member Services team is a valuable resource for contractors statewide, assisting key management, administrative and field staff on a daily basis.

With over 100 years of combined construction labor relations experience, UCON’s Labor & Member Services team will help you navigate Labor, HR, Payroll, and much more. We handle thousands of member calls every year, and are committed to doing our best to respond the same day. If we don’t have the answer, we will find it. Meet our team and learn our areas of expertise:

Victor Sella Vice President of Labor Relations vsella@unitedcontractors.org (510) 362-6959

Victor oversees labor relations advocacy, contract negotiations, and support services to UCON’s 480+ contractor members across the state. By providing labor, operations, and human resources consulting to our members, Victor gets the satisfaction of resolving people’s problems and improving contractors’ abilities to get work done and stay competitive.

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Clay O’Neal Regional VP - Southern CA

Ruby Varnadore, PHR Labor Contracts Manager

coneal@unitedcontractors.org (657) 439-4545

rvarnadore@unitedcontractors.org (925) 362-7310

Clay is the Regional Vice President for Southern CA, leading member relations across the region, including labor, agency, and legislative matters. He is dedicated to cultivating genuine relationships and improving the business environment for UCON’s members across Southern California.

Ruby oversees association labor contracts and supports UCON’s contractor member companies and their teams.

Her main focus is researching and answering questions and inquiries related to contract interpretation, payroll, prevailing wages, employment law, and more.

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Lucia Mixon Contractor Member Services, Southern CA lmixon@unitedcontractors.org (925) 362-7306

Lucia provides operational support and assistance to UCON’s contractor members.

She assists in resolving issues and answering questions involving labor relations, collective bargaining agreements, grievances, labor disputes, payroll, and pre-jobs.

“RJS & Associates made the decision to change our construction trade association relationship in 2023. It quickly became evident that UCON’s outstanding reputation was due to the skill and depth of their leadership team. Right out of the gate, the UCON team has provided us with a wealth of information ranging from union contracts, payroll processing, HR, legal and many other valuable topics. They consistently respond with fast, accurate and insightful answers to our difficult questions.”

— Scott Shepherd, RJS & Associates

How We Can Help You Our team is available to help all key members of your team – executive managers, payroll, HR, project managers, estimators, superintendents, etc. Areas that we regularly assist our member with include: • Labor disputes and grievances

BAUMAN REDI-MIX CONCRETE

• Trust Fund audits, delinquencies and questions • Prevailing wage compliance, including apprenticeship • Contract interpretation for payroll and job manning/ bidding – shift work, subcontracting, etc.

• Hiring, discipline and termination • Pre-job conferences and other union discussions

• Union substance abuse policies

Concrete When You Need It! Dilpreet Mayall Labor Contracts Manager dmayall@unitedcontractors.org (925) 303-4388

Dilpreet provides key guidance in contract interpretation and other consultation services to UCON’s contractor member companies and their labor relations, operations and human resources departments.

Sandra Kaya Labor & Member Services Administrative Specialist skaya@unitedcontractors.org (925) 725-6695

Providing administrative and project support to the Labor & Member Services team, Sandra assists in ensuring high-quality member service, and the best member experience possible.

“I’m very grateful and thankful that I have UCON as my number one resource. In our office we say this a lot: ‘Let’s check with UCON.’ Over the last 20 years, I don’t recall a time they couldn’t help our team navigate through a situation.”

Servicing MArin County and San Francisco

San Francisco HRC LBE/SBE Certified License #372478 A, C-27 San Francisco CA PH: 415-447-4800 FAX: 415-447-4258

— Audrey E. Kaili, Esquivel Grading & Paving, Inc. JANUARY/FEBRUARY 2024

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By Victor Sella, UCON Vice President of Labor Relations

UCON INDUSTRY PARTNER MEETINGS Transforming the Industry through Partnership At UCON, it is our contractor members that develop the labor relations policies and strategies we implement, and decisions are made through transparent and democratic processes. Contractor members select the issues and lead the discussions on what needs to happen. This leadership, as well as our relationships with our union partners, is the foundation for us to successfully navigate the challenges facing our industry.

UCON began approaching our union partners many years ago to create opportunities for discussion between labor and management outside of actual bargaining sessions. These Industry Partner Meetings (IPMs) provide a way for contractors to develop and foster relationships with their union counterparts while talking about common ground issues facing union contractors from a partnership perspective.

The discussions can also lead to the formation of subcommittees to tackle specific areas of concern, such as non-union competition.

IPMs have generated many successful initiatives, such as labor-management job fairs, joint legislative initiatives supporting industry funding, safety policy

initiatives, and other programs to generate union market share growth. A recent meeting with OE12 included robust discussions on training and some action items for increasing the utilization of apprentices. More importantly, previous participants will likely tell you that the real value is spending time face-to-face getting to know industry leaders. In other words, the opportunity to develop relationships with industry influencers is what pays dividends, and that’s the opportunity UCON creates through IPMs. UCON is planning on more IPMs in 2024. A meeting with SCDCL is scheduled for February 5-6, and we are working on scheduling with other crafts. We will be reaching out to our Craft Committees and other interested members as details are finalized. We’re actively recruiting and developing the next generation of construction talent and industry influencers, and IPMs are a great way to gain experience quickly, accelerate into leadership, and develop relationships with both union partners and industry peers.

If you are interested in getting involved with UCON labor relations, please contact me at (510) 362-6959 or vsella@unitedcontractors.org.

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JANUARY/FEBRUARY 2024

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Do You Know….?

WHAT UCON LABOR & MEMBER SERVICES CAN DO FOR YOU UCON’s “help desk” is always here to assist you.

Our members’ needs come first, and a rapid response is one of our core values. Did you know that there are service areas that you and your staff may not be utilizing fully? These are ways that the Labor & Member Services Team can assist you that may not immediately spring to mind.

Pacific Boring, Inc.

Strategic Planning Think of UCON as one of your professional advisors, and use us as a partner in incorporating labor relations in your overall business structure. We can assist you with leadership development, succession planning, workforce development, and other facets of strategic planning to make your business more successful and prepared for the future.

Contact Victor Sella

vsella@unitedcontractors.org | (510) 362-6959 ______________________________________________________________________________ Payroll Training “Do I pay for the entire shift when the crew worked only two hours?” “What if our job is cancelled due to rain or bad weather?” “Is work on a Saturday overtime or double time?” Do these questions sound familiar? We can provide individualized payroll training to familiarize your payroll team with the resources that can answer these questions and more. We will meet with your payroll team to walk through specific questions and review our resources. Here’s a list of what you are your team can take advantage of today: •

CBA Subcontracting Rules (N. CA & S. CA)

•

Overtime & Special Shifts (N. CA & S. CA)

•

Skilled & Trained Workforce

•

Mastering PLAs, Pre-Jobs and Jurisdictional Disputes

•

Mastering Apprenticeship Compliance

•

Prevailing Wage: CPRs to 3rd Party Compliance

•

Best Practices: Dispatching, Hiring, Lay-offs, & Terminations

Contact The UCON Labor & Member Services Team 14

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Preston Pipelines Infrastructure LLC

laborteam@unitedcontractors.org | (925) 855-7900

Trust Fund Audit/Delinquency Assistance Is your trust fund audit costing you more than it should? United Contractors provides union contractors with tools, language, best practices, and more to reduce liability and effectively respond during the trust fund audit process.

Call us if you have any concerns, or need assistance getting an audit settled or dealing with any other trust fund issues—the sooner you call us, the sooner we can help you.

Contact Ruby Varnadore

rvarnadore@unitedcontractors.org | (925) 362-7310 _______________________________________________________________________________ Bulletins and Website Are you and other personnel on the list to receive critical e-mail updates on human resources, labor, payroll and legal developments that impact your business? Contact us if you are not signed up, and if you are signed up make sure that you adjust spam filters so that you don’t miss out. Furthermore, our website has over 250 valuable resources available 24/7, between our members-only Contractor Resources Library and our public COVID-19 Resources page.

All member employees can sign up for a member log-in—make sure your team is all on board.

Contact Sandra Kaya

skaya@unitedcontractors.org | (925) 725-6695 _______________________________________________________________________________ Pre-Job Conferences Pre-job conferences are required by most of the construction trade unions, based on the dollar amount or other criteria. They help GCs and the unions involved to understand the project, the scope of work, and how the job will be manned, as well as to communicate and resolve any issues that may arise before the project starts. We can help set these up, and facilitate if needed.

Contact Lucia Mixon

lmixon@unitedcontractors.org | (925) 362-7306 _______________________________________________________________________________ Legal Referrals United Contractors offers a wealth of information on many industry issues, however, there are some legal matters in which an attorney’s advice is needed. One of the many benefits of UCON membership is a legal referral for a phone call, up to 30 minutes, with an attorney. A member may use this benefit once or twice a year. Simply contact Labor and Member Services and we will have an attorney reach out to you, usually within 48 hours.

Contact The UCON Labor & Member Services Team laborteam@unitedcontractors.org | (925) 855-7900

Underwater Resources, Inc. (URI)

JANUARY/FEBRUARY 2024

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Contributed by UCON’s Labor and Member Services Team

CONTRACT CORNER

Union Increase Amounts for Bidding Purposes Only The following wage and fringe benefit increases will be effective in June or July of 2024 for the Master Agreements for the crafts listed below. These total amounts are for bidding purposes only. UCON will notify our members on how the increases are to be allocated as soon as that information is confirmed.

UNION

INCREASE

E F F E C T I V E D AT E

Carpenters

$4.82

July 1, 2024

Cement Masons

$3.25

July 1, 2024

Laborers

$2.60

July 1, 2024

Operating Engineers Local No. 3

$4.00

July 1, 2024

Pile Drivers Local No. 34

$4.82

July 1, 2024

Teamsters

$2.65

July 1, 2024

Carpenters/Pile Drivers (11 Counties)

$3.25

July 1, 2024

Carpenters/Pile Drivers (San Diego – Eng.)

$3.25

July 1, 2024

Carpenters/Pile Drivers (San Diego – Bldg.)

$4.25

July 1, 2024

Cement Masons (11 Counties)

$2.15

July 1, 2024

Cement Masons (San Diego)

$4.30

July 1, 2024

Laborers (11 Counties)

$3.30

July 1, 2024

Laborers (San Diego)

*

July 1, 2024

Operating Engineers Local No. 12 (11 Counties)

$4.00

July 1, 2024

Operating Engineers Local No. 12 (San Diego)

$4.00

July 1, 2024

Teamsters (11 Counties)

$3.30

July 1, 2024

NORTHERN CALIFORNIA

SOUTHERN CALIFORNIA

*San Diego increases vary according to Group. See agreement for details.

Note on Iron Workers: Increases are January 1 of each year. Increases for 2024 were $2.80 for Zones 1 & 2, $2.45 for Zone 3 and $1.85 for Zone 4. Increases for 2025 have not been negotiated yet.

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Contact Us! www.urockutility.com Info@urockutility.com (916) 294-7693

3734 Bradview Drive, Suite A Sacramento, CA. 95827 JANUARY/FEBRUARY 2024

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By Emily Cohen UCON EVP

THE CAPITOL

SUPPORT & ENGAGE WITH UCON’S GOVERNMENT RELATIONS PROGRAMS THIS YEAR—SAVE THE DATES!

UCON Public Works Summit Wednesday, April 10, 2024 The Hilton Anaheim UCON’s Public Works Summit is an outstanding opportunity for contractors and associates to engage with and hear from a range of public works leaders on upcoming projects and opportunities for contractors while networking with peers from across the state (see pages 4041 for more information).

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United for Impact: UCON 2024 Legislative & Elections Briefing and Legislative Reception Monday, May 20, 2024 The Kimpton Sawyer Hotel, Sacramento Legislative & Elections Briefing 1:00pm-4:00pm Legislative Reception 5:00pm-8:00pm Join us for a day of impact at UCON’s Legislative & Elections Briefing, followed by our Legislative Reception in Sacramento. Gain insights into key legislation and critical upcoming elections, then network with industry leaders and elected officials from across California. Mark your calendars and join us for this day of united industry impact (see page 20).

chinery

United Contractors’ Political Action Committee (PAC) Fundraisers: Southern CA Thursday, April 4, 2024 Orange Hill Restaurant, Orange, CA Northern CA Thursday, May 30, 2024 At the home of UCON CEO, Mark Breslin, in Alamo UCON will once again host two separate PAC fundraisers in 2024, both of which are outstanding opportunities for owners and principals to network with other industry leaders. The UCON PAC supports elected officials and candidates across the state who fight for our industry. With a tsunami of open seats and elections in the coming year, a strong PAC matters more than ever. Your support of the UCON PAC is one of the most crucial ways you can help make an impact for our industry at the political level. Join us as a sponsor for one or both events (see page 21).

For sponsorship opportunities for this event, contact Ursula Becker at UBecker@UnitedContractors.org.

Building Excellence in People and Projects

www.sukut.com

MASS GRADING CONCRETE STRUCTURES FLOOD CONTROL UNDERGROUND ALTERNATIVE ENERGY ENVIRONMENTAL CONSTRUCTION JANUARY/FEBRUARY 2024

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UCON’S 2024 LEGISLATIVE AND ELECTIONS BRIEFING AND LEGISLATIVE RECEPTION Gain insights into key legislation and critical upcoming elections.

After, network with industry leaders and elected officials from across California. _______________________________ Legislative and Elections Briefing 1:00 pm - 4:00 pm UCON’s Legislative Reception 5:00 pm - 8:00 pm The Kimpton Sawyer 500 J Street, Sacramento SCAN TO REGISTER

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Register for this day of united industry impact.

PROTECTING OUR FUTURE

please join us for two special evenings to benefit the ucon pac southern california:

northern california:

Location: Orange Hill Restaurant,

Location: Alamo, CA, home of

Orange, CA

Mark Breslin, UCON CEO

april 4, 2024 Thursday, 5:00 - 8:00pm

may 30, 2024 Thursday, 5:00 - 8:00pm

Support of UCON’s Political Action Committee. Attend one or both special evenings.

Enjoy premium wines, food, specialty cocktails & networking with industry leaders.

The UCON Political Action Committee (PAC) exists to improve your business environment by strengthening the political voice of union contractors. Learn more at: unitedcontractors.org/PAC2024

JANUARY/FEBRUARY 2024

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UCON BOARD OF DIRECTORS: A LEGACY OF LEADERSHIP UCON represents nearly 750 union contractors and vendor firms across California. Every day, UCON works to empower, educate, and advocate for our members and the greater union construction industry.

While UCON and its influence have grown over the years, its democratically elected Board of Directors remains the organization’s foundation. These dedicated professionals guide our work and mission.

The UCON Board, like the association itself, is unique: made up of contractors, large and small, each with an equal voice and a unique and valued perspective.

The Board makes decisions based on strong governance and sound policy. The staff works for them and their vision to exceed member expectations in everything that we do. UCON Board Members are outstanding and leaders. Their collective business energy, experience, risk-taking, and dedication to the organization and industry create a powerful positive impact.

Decades of exceptional board leadership have made UCON what it is today and what it will be in the future.

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W W W.U N I T E D C O N T R AC T O R S . O R G

KEVIN HESTER 2024 President McGuire and Hester UCON Member Since 1990

KURT EDDY Vice-President/President-Elect Pavement Recycling Systems, Inc. UCON Member Since 2008

RON BIANCHINI Past President Preston Companies UCON Member Since 1970

JUAN C. ARREQUIN Secretary/Treasurer Bay Line Cutting & Coring, Inc. UCON Member Since 1993

DALE R. BREEN Past Secretary/Treasurer Midstate Barrier, Inc. UCON Member Since 2006

KELLY ATTEBERY Associate Director F & M Bank UCON Member Since 2006

TOM BARR Ghilotti Bros., Inc. UCON Member Since 1993

BRYN BURKE Dees Burke Engineering Constructors, LLC UCON Member Since 2016

Wet Utilities, Dry Utilities, and Soil Management

PrestonPipelines, PrestonElectric, and DirtMarket provide expertise in underground and electrical utility services and soil sampling and import/export solutions across Northern California.

RITA VIGIL-FERGUSON G & F Concrete Cutting, Inc. UCON Member Since 2019

GARRETT FRANCIS Nor-Cal Pipeline Services UCON Member Since 2014

MICHAEL GATES DeSilva Gates Construction, LLC UCON Member Since 1994

GREG GOEBEL JR. Goebel Construction, Inc. UCON Member Since 2014

SEAN CASTILLO Toro Enterprises, Inc. Member Since 2020

ALAN GUY Anvil Builders UCON Member Since 2012

MATT LOVINGIER JMH Engineering and Construction, Inc. Member Since 2020

MICHAEL PRLICH Mike Prlich & Sons, Inc. UCON Member Since 2000

KEVIN REIMERS Associate Director-Elect Woodruff-Sawyer & Co. UCON Member Since 1994

JANUARY/FEBRUARY 2024

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LEADER PROFILE: KEVIN HESTER

MCGUIRE AND HESTER UCON’S 2024 PRESIDENT

2024 President Q&A

What is one of your primary goals this year as President?

One of my primary goals this year is to ensure our organization is actively listening to the needs of its members and to help facilitate the organization in responding to these needs effectively. With the association’s incredible momentum coming into 2024, I will do my best to live by the words of a past UCON president and not “F**ck it Up.” I feel it is important to remember these simple words of wisdom as we hone our focus on staying in tune with our members and not being distracted by the “shiny objects” that might tempt us.

What do you feel are the most significant issues facing the industry?

In my mind, one of the most pressing issues impacting our industry in California are Unions fighting over the same “union dollar”. We need the Unions to collaborate and concentrate on expanding the overall Union market share in California’s construction market.

We would rather see them concentrate on organizing nonunion contractors that are taking work away from their Union Members and Union Contractors (UCON Members) rather than compete or engage in conflict over smaller segments of overlapping work. There is more opportunity for everyone to be had across the overall market than within our existing union market share.

Also, although I love living in California, some of the rules and regulations passed by our State, Cities, and Counties can be overreaching, cumbersome to comply with and very litigious. There seems to be a lack of understanding of the real impacts on business, growth and employment. These legislative hurdles can become major stumbling blocks for companies to overcome, especially smaller contractors.

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What is your favorite thing about being a member of UCON? How does your company utilize UCON’s services?

My favorite part about being a UCON member and serving on the board is getting to know other contractors, subcontractors, suppliers, and union leaders. I am immensely grateful for the connections and, more importantly, the friendships I have built as a member of UCON. It is through these connections that I have been able to learn from and grow alongside others in the industry who share their expertise and experience. I find myself inspired by the contractors and associates involved in UCON who strive to improve their companies while sharing their knowledge with others (including their competitors) in order to make our industry and association stronger.

Throughout my tenure at McGuire and Hester, our company has grown in similar ways to UCON. We joined EUCA (UCON) 34 years ago, and we continue to use many of UCON’s s e r v i c e s t o t h i s d a y, especially if we are faced with labor issues. Victor and the entire UCON Labor Relations Department are incredibly knowledgeable and more than willing to walk you and/or others within your company through the proper steps to respond to a labor issue. If you have an issue, I highly recommend giving them a call.

What are some leadership principles that you have discovered and executed that have contributed to your success?

One of the main principles that my Dad and other leaders I admire have engraved in me is to not ask of another what you would not be willing to do yourself and, maybe just as important, to not compromise your decisionmaking processes for short-term success. McGuire and Hester has been in business for almost 100 years. If our current and future employees adhere to these principles, I am confident that McGuire and Hester will be around for another 100 years.

What questions are you asking yourself lately?

What is/are your favorite question(s) to ask those you lead?

Right now, we have a lot of moving parts at McGuire and Hester as well as in our industry. I am always asking myself what I can do differently to get more individuals interested in construction, especially on the heavy civil side of construction. We have a shortage of individuals thinking that construction is their best career option. We need to rewrite this narrative and show them and others all the possibilities that a career in construction offers.

Currently, at McGuire and Hester, I am trying to ask less questions and listen to my coworkers (in all positions) to see what they need and want. I am confident that by concentrating on listening to their feedback and making some changes, we can create a stronger company that leads to more opportunities for everyone.

Other volunteer or charitable organizations that you are involved in other than UCON? I have a soft spot for Bishop O’Dowd High School in Oakland. Many of my family members have graduated from Bishop O’Dowd; including my wife, both of my daughters, seven of my siblings, and both my brother-inlaw and sister-in-law. I served on the Board of Regents at O’Dowd and recently we were able to build a longoverdue activity center, which includes a new gym and gathering space that will host many events (masses, class reunions, spirit week rallies, volleyball & basketball games, etc.) for generations to come. It means a great deal to me to be able to give time and energy back to a place that has given so much to me and my family.

Who was your most impactful mentor, and/or who are you inspired by? Why? I have had many mentors throughout my professional career; however, my #1 mentor would have to be my dad, Joe Hester. My dad not only showed me what it means to work in our industry, he showed me what it means to have passion for your work. My dad loved the people that work for McGuire and Hester and the projects we built (especially the difficult ones).

He was equally proud to watch our teams succeed on projects as he was to watch us learn and grow from our mistakes. He always reminded us that if we take care of our people, the rest will take care of itself.

What do you enjoy doing in your spare time?

About three years ago, my wife (Amy) and I became “empty nesters” when our youngest daughter, Ella, left for college. We are enjoying our new status as “free birds,” and love traveling to visit our daughters in their respective towns. This summer both of them were in NYC and it was awesome to “vacation” in their new hometown, while both of them were at work (we loved the role reversal).

When we are not at work or spending time with our daughters, Amy and I like to explore new places in California. In the last year we have spent a couple of extended weekends in the Mendocino area. We love hiking in the redwoods and exploring new restaurants, dive bars included.

Supposedly, I also like to “run”……so much so that my eldest daughter, Claudia, has signed me up for a ½ marathon in Brooklyn at the end of April (quite the Christmas present).

So, for the next couple of months, I need to get some miles under my old running shoes.

What are you passionate about?

I am passionate about my family. I love watching my daughters, as well as my nieces and nephews, grow from young kids to young adults. Most importantly, I am grateful for my incredible wife. Amy is my ROCK who is always supporting me at work, at home, or in whatever I am doing. She consistently challenges me while also being my #1 fan. I would not be who or where I am without her.

JJAANNUUAARRYY//FFEEBBRRUUAARRYY 22002244

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’’

LESSONS IN LEADERSHIP

WORDS OF WISDOM FROM UCON PAST PRESIDENTS

Every year UCON Past Presidents gather to help welcome the new president and share their thoughts, which are great reminders for leaders everywhere. UCON’s Past Presidents continue to help prepare and empower the incoming President, Kevin Hester, McGuire and Hester, for the job ahead by sharing their lessons and wisdom:

MIKE HESTER

McGuire and Hester (ret.)

UCON President 1996 “Kevin, I am proud of you for wanting to help lead this organization. Your time will pass quickly, so take the time to think things through carefully, execute with integrity, and enjoy the experience. We know you will do well.”

ROBERT DOUD

Harbor Linx UCON President 2001 “Kevin, congratulations on becoming UCON’s next leader. UCON already does an outstanding job for its contractor members with labor relations, political advocacy, professional development and industry networking.

Take the time now if you have already done so, and think about how you will leave the association better than you found it. One challenge that we can continuously improve on is coming up with creative ways to make our industry a more attractive industry to recruit the next generation. This year will be over before you know it, so utilize the professionals at UCON to help you improve our industry. Best of luck, and my door is always open should you need any help.”

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JOE SOSTARIC

The Conco Companies UCON President 2022

“First of all, congratulations on your new role as President of United Contractors. It is welldeserving! My advice to make your time as President as productive as possible is to be prepared before all the meetings and utilize the resources around you to the best of your abilities.

There are some great people on the staff of UCON who are willing to help you and terrific and smart people on the board. Whenever possible, work to facilitate the discussions, and all of those people around you will help you achieve the goals that you have for the organization. Good luck my friend!”

DAVE BIANCHINI

DE Bianchini, Inc. McGuire and Hester (ret) UCON President 1999 “Kevin, your dedication to your career, family and UCON has brought you to this point of leadership. Listening to your board, and delegation of tasks, to the best association staff there is, will be a winning legacy. Have fun in 24’. As an Alumnus of McGuire and Hester, I am another brother you can call on anytime.”

BRUCE DASEKING

ANDREW VASCONI

McGuire and Hester UCON President 2015

“We are very proud of you Kevin for stepping up and being the next UCON President. Step back and observe such a well-run organization and learn. The heart and soul of UCON, the staff, will prop you up and help guide you along the way. Most of all, enjoy!”

KEVIN ALBANESE

KJA Consulting (formerly with Joseph J. Albanese, Inc.) UCON President 2014 “Kevin, congratulations on earning the respect of your peers and being elected as UCON’s next President. It’s been 10 years since I had the great honor of holding the UCON Gavel; the relationships I built, and lessons I learned at UCON continue to guide my leadership to this day. Cherish and listen to the people you are working with and the members you are working for, and lead with conviction. UCON is special because we focus on doing right for the greater good of our industry and membership; keep that higher purpose as your and the Board’s guiding principle, and you will flourish.

Enjoy the ride, it goes fast!”

McGuire and Hester (formerly with AJ Vasconi Construction, Inc.) UCON President 2009

“Back in the early 2000s while serving on the UCON Board and then as Board President, I came to know I was surrounded by excellence. These past 10 years, while working side by side with you at M&H, have been, in many ways, like my experience at UCON. I know at any time, I could turn to UCON board members and staff for support, just as I have come to know of you.

Without a doubt, your contributions this year as President will make for an even better UCON and will help to improve our industry. Enjoy your year as President and especially the enduring relationships you will create with those serving with you, along with the strong UCON membership and the industry partners you will come to meet.”

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27

By Eric Anderton, Construction Genius

AVOIDING MICKEY MOUSE SUCCESSION: A Blueprint for Securing Your Construction Legacy You cannot run your construction company forever.

Your role as business owner will eventually come to an end. That’s why succession planning is essential.

When the time comes to retire, will you have a plan in place for your construction business? Chances are, you’re tremendously busy, making good money, and not focused on succession planning.

You’re not alone in this though; 70%-80% of companies don’t have a succession plan in place.

Securing the future of your company should not be left on the back burner any longer! If you haven’t started the process of succession planning yet, it’s time to get moving. In fact, the best companies start succession planning 10-20 years in advance because they understand how difficult it is to identify, develop and retain talent.

Disney: A Cautionary Tale Just as we can learn from companies who execute succession planning well, we can also learn from others’ failures. Disney in particular is a great example of what happens when you fall asleep at the wheel with succession planning.

In 2005, Bob Iger stepped into the CEO role at Disney. During his time in that position, he became known for his creativity and the relationships he built. His successor was Bob Chapek, who had experience as the Chairman of Parks and Resorts.

He was known at Disney as a successful operator.

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Despite having a different background and skill set than Iger, Chapek was handpicked as Disney’s successor in 2020. Bob Iger picked Bob Chapek because he was instrumental in helping Iger overcome challenges with the construction of Disney Shanghai.

For many of you reading this though, that’s not what you’d like to do. After all, you’ve put in the blood, sweat, and tears to build your construction company! If that’s you, succession planning should be a priority.

When Chapek came on as CEO, Iger stepped into an executive chairman role and the head of creative. This was the beginning of a strange power-sharing dynamic that later resulted in Iger returning to the role of CEO in 2022.

“Am I going to move on or stick around?”

There are quite a few lessons we can take from this.

As we walk through the different phases of succession planning, let’s take a closer look at Disney’s missteps.

THE 4 PHASES OF SUCCESSION PLANNING: 1. Reflection 2. Identifying Candidates 3. Training 4. Transition

Look in the mirror and ask yourself, “How much longer do I have in the business? How much juice do I have left? Do I want to continue carrying the responsibilities and risks that come with my position?” The choice is completely yours. No one is making you stay; no one is forcing you to retire either.

Bob Iger was not completely honest with himself about his desire to stick around. If he had taken the time to carefully consider this question, things may have turned out differently.

“What would be a great outcome of a succession plan for me?”

Envision your end goal. On your last day of work, as you’re walking out the door, how is the company structured? Who are the people in positions of responsibility? How much money do you have set aside for retirement?

“What do I want my organizational chart to look like 3 years from now? 5 years from now?”

Reflection Before you dive into logistics, it’s important to reflect on and answer some key questions.

“Do I need my business to continue on after I leave?”

The answer might be “no.” Shutting down your business is a perfectly acceptable choice. You started it. It can be whatever you want it to be. You have the option to sell the equipment, take your money, and move on to the next phase of life. There’s absolutely nothing wrong with that!

Think through the structure of your organizational chart, which roles you need to fill, and what talent you need to fill those roles. It doesn’t mean things have to unfold exactly the way you plan, but it helps to go through the conceptual exercise.

Identifying Candidates Once you have a clear vision of the outcome you want, it’s time to identify successor candidates.

You have two main options here: selling your company externally or internally. continued on next page ➜

JANUARY/FEBRUARY 2024

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AVOIDING MICKEY MOUSE SUCCESSION: A Blueprint for Securing Your Construction Legacy (Cont’d)

If you plan to appoint one (or more) of your children as your successor, it’s imperative to ask yourself, “Are they truly qualified for this role? Do they want to run the business?”

At first glance, it can be difficult to determine who is ready to take on the challenge. Your employees see the truck you drive and speculate about the money you’re taking home. They might think they want your position, until they take a closer look at the responsibilities. Once they begin to understand the risks and weight you’ve taken on as an owner, they may shy away from ownership responsibility.

You also have to consider talents and skills. This is particularly true for someone who has built their own business. They typically have a unique package of talents and skills. Ask yourself, “What makes me unique? Am I able to identify people who can fill those areas of uniqueness sufficiently to continue the business?”

Selling your company externally is exactly what it sounds like. There are a number of large companies out there running their businesses by buying out other successful contractors. It’s a legitimate succession strategy that should not be overlooked.

However, if you have a strong desire to pass on the legacy of your business to the next generation, selling internally is the best path to take. The catch?

You need to identify individuals who have both the skills and desire to run your construction company. This is no easy feat, especially if you’re appointing a new CEO in addition to ownership successors.

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Learn from Bob Iger’s mistake; don’t bring someone into a role they’re not suited for. Just because they’ve been an asset in the past, doesn’t mean they’re a good fit to lead your company. Take the time to weed out candidates who lack the skill or desire to run your company.

Training After you’ve identified a successor and fleshed out any initial objections, you’ve entered the third phase.

Now you can start training and plotting out a course for this individual to come into ownership.

Make it clear what a good, bad, and unacceptable performance looks like.

As you go through this process, it may become evident your trainee is not fit for the position. Don’t be surprised when that happens. This is exactly why you have those metrics in place. Measuring their performance helps you objectively determine whether or not they are able to fill the role. It’s much better to find out before, rather than after you appoint this person to lead your company.

Note: If you have decided to pass your business on to your children, training them is not enough. They need to experience what it’s like to work at other companies–not just yours. By spending time away from the business, they’ll gain perspective and have an opportunity to earn their stripes.

You’ll want to put together a strong foundation of metrics to use throughout the training process.

Training your successors is the main piece to the puzzle. Once you feel confident about who you’ve appointed as the new CEO and ownership successors, you’re headed in a good direction. But you may need to hire and train for other key positions in your company. Remember the organizational chart you made in the reflection phase? Here’s where it comes in handy. Compare the future chart with the internal talent base you have right now. Where are the gaps and how can you fill them? continued on next page ➜

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AVOIDING MICKEY MOUSE SUCCESSION: A Blueprint for Securing Your Construction Legacy (Cont’d) At this point, you’ll want to focus on your recruiting process. Find, attract, and filter through candidates to get the right people in the right seats of your organization. Succession planning is not only working with internal talent; it’s also about identifying external talent to bring into the business.

Whenever you bring in external talent (or even if you don’t), it’s essential to have your processes well mapped out. There’s stuff in your head that needs to get out and onto paper. You have distinct ways you interact with people and plan out work. It’s the secret sauce you bring to the table, and it’s an important ingredient to your success! Make sure it’s written down.

When others can see it, you ensure those processes will be implemented after you move on.

Transition One of the most challenging parts of a succession plan is the transition phase. Why? The power dynamic is tricky to navigate here. At some point, you’re going to have to give up some power. You’ve built a successful business in part because you can effectively utilize power. But now, your success depends upon how effectively you yield power to others.

Some people really struggle with letting go. In Disney’s case, their leader had decided to move on, but ended up sticking around. Instead of Iger yielding power, he and Chapek operated with a power-sharing dynamic.

Ultimately, it was this power-sharing dynamic that led to a succession failure. The lesson here is clear: in order to successfully pass off your business, you must actually leave.

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Another thing to consider is the announcement of the succession plan. This is one of the ways Disney stumbled a bit. Bob Iger played the decision of succession close to his chest. It was a surprise for many people when he announced Bob Chapek was going to be his successor. If you catch people by surprise with your succession planning announcement, it’s very unlikely you’ll get the buy-in and commitment you’re looking for.

As you go through the succession planning process, remember you know your business best. There is no one way of doing things. There is no magic pill when it comes to rolling out your succession plan. It’s a tremendously difficult thing to do.

The most important thing is to start the process. I urge you to go through each phase. Reflect on the end goal, identify capable successors, train them well, and then let go. Don’t skip any steps.

When you come to the end of your time as a business owner, you’ll be glad you had a plan in place.

Article contributed by Eric Anderton, Construction Genius.

Eric Anderton teaches construction executives how to tackle the biggest challenge they face when they get promoted into leadership roles: shifting from project management to leading teams of people.

Eric began working with construction companies in 2004 and founded his own company—Construction Genius—in 2013.

His background includes over 25 years of public speaking, small group facilitation, and one-on-one mentoring experience.

UCON's Professional Educational Series

NEW ONLINE CLASSES in 2024!

Blueprint for Continuity - How to Craft Your Succession Strategy March 19, 2024 | 2:30 pm - 4:30 pm

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UP

By Angelica Gouig, Director of Events and Education

ENGAGE, DEVELOP, RETAIN

Make 2024 the Year of Development for Success UCON’s Professional Development programs are available for you and everyone in your company! From the field to the CEO, UCON has a program for you. All members access free or discounted classes as a member benefit—and your employees are our members, too! Share this valuable content with everyone on your team and make sure they take advantage of this opportunity.

UCON’s virtual classes are available on the UCON app—on your mobile device or desktop–giving you access to personal and professional growth while on the go. 40+ classes are available in 2024—Leadership, Labor, Safety, and more! Take a look at what is coming up in February and March.

For any questions regarding UCON’s programs, contact Angelica Gouig, Director of Events & Education, at: agouig@unitedcontractors.org or (925) 362-7309

UCON LIBRARY: COURSES ON DEMAND START STREAMING TODAY!

Contract Drafting, Review and Negotiation Trial and Arbitration Claims, Dispute Resolution and Mediation Bid Protests Collection

UCON has a library of pre-recorded courses available on our website. While non-members can attend UCON courses, live—the recorded versions are available for members only. If there was a class you missed, check with your manager and take it on-demand; or if you are the manager, design a class tract using our available courses.

Tel: (650) 691-2888 Fax (650) 691-2889 www.lrconstructionlaw.com E V E R Y T H I N G YO U N E E D TO K N OW OV E R T I M E

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FEBRUARY & MARCH COURSES

FEBRUARY 8

FEBRUARY 13

CBA Subcontracting Rules (N. CA and S. CA)

Cheese Free Rapport: Networking Success with the Construction Industry

FEBRUARY 27

MARCH 5

Legal Armor: How to Harness Your Union Agreement against PAGA and Legal Claims

Foundations of Leadership: Core Values for Team Success

Thursday, February 8; 12:00pm-1:00pm Instructor: Victor Sella, United Contractors Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100

Tuesday, February 13, 2024; 2:30pm-4:30pm Instructor: Eric Anderton, Construction Genius Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100

Tuesday, February 27, 2024; 12:00pm-1:00pm Instructors: Victor Sella, Dilpreet Mayall, United Contractors and Paul Simpson, Simpson, Garrity, Innes & Jacuzzi, P.C. and Brent Garrett, Atkinson, Andelson, Loya, Ruud & Romo Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100

MARCH 7

Tuesday, March 5, 2024; 2:30pm-4:30pm Instructor: John Peterson, Threshold Rising Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100

Skilled & Trained Workforce

Thursday, March 7, 2024; 12:00pm-1:00pm Instructor: Victor Sella, United Contractors Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100 Continued on next page JANUARY/FEBRUARY 2024

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UP FEBRUARY & MARCH COURSES (CONT’D)

MARCH 7

MARCH 12

Getting Unstuck: 10 Tips for Fighting Depression and Anxiety

How to Create an Empowered Culture

Thursday, March 7, 2024; 2:30pm-4:30pm

Tuesday, March 12, 2024; 12:00pm-1:00pm Instructor: Cody Miller, MPWR Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100

MARCH 19

MARCH 28

Blueprint for Continuity: How to Craft Your Succession Strategy

A Day in the Life of a Construction Supervisor/Foreman

Instructor: Sally Spencer-Thomas, United Suicide Survivors International Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100

Tuesday, March 19, 2024; 2:30pm-4:30pm Instructor: Eric Anderton, Construction Genius Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100

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Thursday, March 28, 2024; 2:30pm-4:30pm

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DITCHWITCHWEST.COM JANUARY/FEBRUARY 2024

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W W W.U N I T E D C O N T R AC T O R S . O R G

THANK YOU TO UCON’S 2024 ANNUAL SPONSORS 3 color left chest ABOVE POCKET -chrome yellow -white underbase -black 4" wide

PLATINUM

3 color left chest ABOVE POCKET -chrome yellow -white underbase -black 4" wide

GOLD

DM Z 3 color left chest ABOVE POCKET -chrome yellow -white underbase -black 4.23" wide

SILVER

BAUMAN REDI-MIX CONCRETE

JANUARY/FEBRUARY 2024

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UP

By Ray Baca, Regional Director, Southern California

UCON’S 3RD ANNUAL PUBLIC WORKS SUMMIT The buzz surrounding the 3rd annual UCON Public Works Summit on April 10, 2024, at the Hilton Anaheim has already begun! After two highly successful and well-attended Summits, the 2024 event promises to be even bigger and better than ever.

The Summit began as a contractor-driven idea to bring together the public works community from the immediate region to discuss various issues and challenges. The event has now blossomed into a forum where construction industry leaders from throughout California share innovation and best practices and, most importantly, create dialogue and enhance relationships with public works agencies, the contractor community, our union partners, and suppliers of goods and services.

Additionally, the 2024 UCON Public Works Summit offers attendees a chance to gain greater insight into the vast construction market potential of the Southern California region by getting an inside look at billions of dollars of projects coming down the pipeline and information on how to bid on and win these opportunities.

Stormwater Management & Civil Engineering Solutions

Spend time at the event building connections with those you work with, both directly and indirectly, including prime contractors, subcontractors, union leaders, agency leaders and managers, associated firms, United Contractors staff, and more.

SWPPP PLANS WATER QUALITY CGP COMPLIANCE CERTIFIED INSPECTORS

tullygroup.com DBE | WBE | SBE Dixon, CA

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The agenda for the 2024 Summit includes several presentations on how best to do business with the various agencies, keeping within their program requirements and executing as part of the stakeholder team, along with features on workforce development and next-generation workforce.

W W W.U N I T E D C O N T R AC T O R S . O R G

The 2024 UCON Public Works Summit would not be possible without the support of the public works leadership community, our labor union partners, the many contractors from throughout Southern California, and, of course, the generosity of our event sponsors.

This event demonstrates a unity of purpose that makes for a better industry and a stronger future for us all.

Registration is now open for this much-anticipated event (see opposite page), so please join us. You won’t be disappointed!

_________________

April 10, 2024

Anaheim Hilton

_________________

PUBLIC WORKS

SUMMIT Connecting California Contractors and Public Works Agencies APRIL 10, 2024 | ANAHEIM HILTON, 777 W. CONVENTION WAY 7:00AM - 3:30PM - Breakfast and Lunch Provided Early Bird Ticket (until Mar. 8) $125/member; $225/non-member Standard Ticket (until Mar. 29) $140/member; $240/non-member ______________________________________________

• BUILD RELATIONSHIPS WITH AGENCIES • ENGAGE WITH YOUR PEERS • LEARN ABOUT INDUSTRY OPPORTUNITIES SCAN QR CODE TO REGISTER | SPONSORSHIPS

SCAN TO REGISTER

AGENCIES PARTICIPATING:

(as of publication printing) JANUARY/FEBRUARY 2024

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By Christopher Lee, UCON Safety Consultant

Join UCON’s Safety & Insurance Committee: Meets via Zoom—open to all members statewide!

Photo courtesy of DMZ Builders

Engaged members monitor and advocate for the industry on Cal/ OSHA issues through UCON’s Safety & Insurance Committee, which meets approximately every six weeks via Zoom. The committee is comprised of safety directors, vice presidents of safety, and senior safety personnel from member companies, with an average of 25- 35 participating companies.

Joining a committee is a great way to get involved and make a difference. If you are interested in getting involved, or have questions, contact Ursula Becker at (925) 362-7307, ubecker@unitedcontractors. org. Register to attend: www.unitedcontractors.org/calendar The committee is open to all UCON members. Share the information below with your safety professional.

Meeting Dates in 2024: UCON Safety & Insurance Committee meets (mainly) virtually from 1:30pm-3:00pm. Register and view meeting topics (and also sign up for UCON events) at: www.unitedcontractors.org/calendar

Updates with Joel North from Caltrans FEB 21 | 1:30pm-3:00pm

xx xx xx xx xx xx xx

Februrary 21 April 3 May 15 July 10 September 11 October 23 December 4

Joining a UCON Committee is a great way to get involved and make a difference.

Register and view meeting topics (and sign up for UCON events) at: www.unitedcontractors.org/calendar.

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W W W.U N I T E D C O N T R AC T O R S . O R G

Gather your safety information from last year’s 2023 projects and apply for UCON’s Statewide R.E.A.L. Safety Awards, honoring the safest companies in our industry by Recognizing Excellence, Awareness, and Leadership in safety.

All contractors are eligible to apply.

Applications are available online through April 5, 2024 at unitedcontractors.org.

For more information, contact Ursula Becker (925) 362-7307, ubecker@unitedcontractors.org

APPLY NOW DEADLINE April 5, 2024

In 2021, LIUNA’s commitment to training and apprenticeship in California included:

635,709 HOURS OF TRAINING

4,782

CLASSES PERFORMED

1,881

APPRENTICESHIP GRADUATES

26,957 STUDENTS TAUGHT

JANUARY/FEBRUARY 2024

43

CARB

By Drew Delaney + Mike Buckantz, Associates Environmental

STAY COMPLIANT!

CURRENT REGULATORY CARB REQUIREMENTS The regulatory burden for contractors provides incredible challenges and often feels overwhelming. United Contractors remains committed not only to advocating on behalf of the union construction industry but to assisting members on a 1-to-1 company level.

UCON’s Regulatory Consultants, Associates Environmental, will assist contractor members on all CARB and Stormwater regulatory matters. Founded in 2008, Associates Environmental is a client-focused environmental consulting firm specializing in air quality, water quality and waste management regulatory compliance assistance and services.

For any UCON member having questions regarding CARB, fleet compliance, or stormwater regulatory matters, please contact Associates Environmental at (949) 352-4941, www.associatesenvironmental.com.

Below are the latest requirements for UCON contractors:

Photo courtesy of Doyle’s Work Company, Inc.

Attention Contractors: Off-Road Fleets Renewable Diesel Requirements Stay compliant and ensure your fleet meets the new standards. Effective January 1, 2024, all California Off-Road fleets must exclusively use R99 or R100 renewable diesel fuel in vehicles subject to the Off-Road Regulation. Biodiesel is not permissible under this rule.

FOR DETAILED INFORMATION, REFER TO THE CARB FACT SHEET, BY SCANNING THE QR CODE.

Fleet owners must adhere to reporting requirements, including exemptions, and affirm annual compliance with renewable diesel mandates. Annual reports are due by March 1.

Exemptions may apply for fleets unable to procure R99 or R100, requiring documented proof of attempts to obtain renewable diesel. Specific vehicle categories, including Tier 4 final engines and zero-emission vehicles, are exempt.

Temperature exemptions exist for winter and intermittent low temperatures, each requiring additional reporting (details in the attached fact sheet).

Rental vehicles in California must comply with these requirements, and rental contracts should reflect this.

Contractors are advised to update contracts and bids with fuel suppliers, specifying the need for R99 or R100 and requesting documentation if unavailable.

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W W W.U N I T E D C O N T R AC T O R S . O R G

Attention Contractors: New Prime Contractor Requirements under CARB Off-Road Regulation Stay informed and compliant with the latest regulations. Effective January 1, 2024, Prime Contractors will bear additional responsibilities under the CARB Off-Road regulation. Defined as the entity holding the project contract, Prime Contractors must ensure compliance with the following: • Obtain a valid Certificate of Reported Compliance for fleets and subcontractors listed in the contract before awarding or renewing a contract.

• Noncompliant fleets (without a valid Certificate) are prohibited from contracting.

• Retain copies of Certificates for three years post-project completion.

FOR DETAILED INFORMATION, REFER TO THE CARB FACT SHEET, BY SCANNING THE QR CODE.

• Provide records to CARB within five business days upon request.

• Emergency operations are exempt.

Prime Contractors must collect new valid Certificates for ongoing contracts as of March 1 annually.

ONLY FLEETS WITH VALID CERTIFICATES ALLOWED ON JOB SITES. In case of non-compliance, Prime Contractors must report within five business days, providing specific fleet information. Additional signage is required at job sites; details are in the attached fact sheet (scan QR Code).

Attention Construction Truck Fleet Owners: URGENT CARB Enforcement Notice: CARB announced on December 28th that it will not enforce actions against fleet owners failing to report by the January 1, 2024, deadline under the Advanced Clean Fleets regulation. This regulation applies to fleets with 50+ trucks or companies with $50 million in revenue and one truck.

Enforcement discretion is temporary, pending EPA’s federal waiver decision. If granted, enforcement could be retroactive, affecting fleet reporting and prohibiting new internal combustion engines (ICE) after January 1, 2024.

ICE addition may lead to removal or force the fleet into the MILESTONE OPTION.

CARB Notice for High Priority Fleets (Construction Industry): Reporting optional until EPA waiver; report fleet status by January 1, 2024, post-waiver.

Adding ICE after December 31, 2023, may result in restrictions post-waiver; fleets may need to comply with Zero-Emission Vehicle Milestone Option.

Advisable: Report fleet as required and carefully consider adding new ICE trucks post-January 2024. Scan the QR Code for the CARB Enforcement Announcement.

FOR DETAILED INFORMATION, REFER TO THE CARB FACT SHEET, BY SCANNING THE QR CODE. JANUARY/FEBRUARY 2024

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MEMBER ANNIVERSARIES JANUARY and FEBRUARY 52 YEARS – 1972 Associate Member: Peterson Cat Thomas Lum

51 YEARS – 1973

40 YEARS – 1984

Associate Member: Sullivan Curtis Monroe Ins Services Eugene Zondlo

Associate Member: Gladding, McBean & Co. Mike Blumenstein

United Rentals Trench Safety Esperanza Mota

49 YEARS – 1975

39 YEARS – 1985

Associate Member: R.C. Fischer & Co. Dennis Sewell

48 YEARS – 1976

Contractor Members: Mountain Cascade, Inc. Duke Fuller Walter C. Smith Co., Inc. Michael DeBenedetto

43 YEARS – 1981 Associate Member: Papé Machinery Benjamin Harrison

Contractor Member: D.W. Young Construction Co., Inc. Christian Young

37 YEARS – 1987

Associate Member: McInerney & Dillon PC William McInerney, Jr.

36 YEARS – 1988

Contractor Member: Bali Construction, Inc. Ted Polich

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 January and February:

35 YEARS – 1989

Contractor Member: Mike Hixson Backhoe Service Inc David B. Carver

31 YEARS – 1993 Associate Member: Jifco, Inc. Jay Forni Jr.

Coastline Equipment Ladd Blakely

30 YEARS – 1994 Contractor Members: Goodfellow Bros.

California LLC Brian Gates

RGW Construction, Inc. Bill Stewart Talus Construction, Inc. Sharon Alberts Associate Member: JHS CPAs, LLP Jim Kepke Myers & Sons Hi Way Safety Mike Rodgers

29 YEARS – 1995 Contractor Member: Ghilotti Bros., Inc. Michael Ghilotti Associate Member: Moss Adams LLP Dave Heier Dan J. Peterson Company Dan J. Peterson

28 YEARS – 1996 Photo courtesy of Kiewit Infrastructure West Co. 46

W W W.U N I T E D C O N T R AC T O R S . O R G

Contractor Member: Beliveau Engineering Contractors, Inc. Lawrence Beliveau

27 YEARS – 1997

Contractor Members: Pacific States Environmental Contractors, Inc. Bob McCarrick Alcorn Fence Company Gustavo Madrigal Griffin Contract Dewatering, LLC Jim Hausladen Viking Drillers, Inc. Sherry Montoya Associate Member: Ritchie Bros., Together with IronPlanet Wayne Settle

26 YEARS – 1998 Contractor Members: Doyle’s Work Company, Inc. Billy Holler Metro Builders & Engineers Group Ltd. Fouad Houalia Viking Construction Company Randy Jenco

25 YEARS – 1999 Contractor Members: Farwest Safety, Inc. John Ashe Performance Equipment, Inc. Chris Young Clarke Contracting Corp.

Brian A. Clarke Associate Member: Commercial Surety Bond Agency Daniel Huckabay

24 YEARS – 2000 Contractor Member: Ray’s Electric Greg Gruendl Murray Company Danny Martin Associate Member: Leonidou & Rosin Professional Corporation Bob Rosin

21 YEARS – 2003

Associate Members: Quinn Company (formerly Quinn Shepherd Machinery) Jason Garcia

20 YEARS – 2004 Contractor Members: Striping Graphics Tony Lane

16 YEARS – 2008 Contractor Members: Con-Quest Contractors, Inc. Paul Loukianoff GSL Construction Michael Walker M N R Construction, Inc. Scott Barnett Pacific Coast Drilling Company, Inc. Aaron Sykes Valentine Corp.

Robert Valentine SpenCon Construction, Inc. Steve Stahl

Western Traffic Supply, Inc. Ed Ibanez

Associate Member: PACE Supply Scott Groves

19 YEARS – 2005

15 YEARS – 2009

Contractor Member: Rosendin Electric, Inc. Rick Guzman

Contractor Member: Graniterock Paul Cianciarulo

Associate Member: Mission Rubber Co. Evelia Centeno-Aguilar

Hunt Ortmann Palffy Nieves Darling & Mah, Inc. Kathlynn Smith

14 YEARS – 2010

12 YEARS – 2012

Palp Inc. dba Excel Paving Company Curt Brown, Jr.

Moran Manhole Builders, Inc. Carey Moran

Associate Member: National Trench Safety, LLC Nick Manzi

Lee Construction Co. Debbie Reilly

Contractor Member: ABSL Construction Luis Allende

13 YEARS – 2011

Contractor Members: Manhole Construction Specialist Nate Atchinson Associate Members: Advanced Stormwater Protection, Inc. Jason Griffin Equip Appraisers LLC Rob Nowacek

Contractor Members: Anvil Builders Alan Guy

Hooker Creek, Inc. Scott Shongood Mountain F. Enterprises, Inc. Marcos Gomez Mozingo Construction, Inc. Phil Gianfortone Pacific Excavation, Inc. Jim Paxin Continued on next page

Associate Member: Contractors and Developers Bonding and Insurance Phil Vega

18 YEARS – 2006

Contractor Members: Disney Construction, Inc. Rick Disney Midstate Barrier, Inc. Dale Breen Robert A. Bothman Construction Brian Bothman

17 YEARS – 2007

Contractor Member: California Trenchless, Inc. Michael Jardin Associate Member: Granite Construction Materials Division Ross Kashiwagi

JANUARY/FEBRUARY 2024

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Associate Member: Butier Engineering, Inc. Mark Butier

BrightView Landscape Development, Inc. Tom Donnelly

Sunbelt Rentals Tiffanie Mendez

Gonsalves & Santucci, Inc. dba The Conco Companies Joe Sostaric

11 YEARS – 2013

Photo courtesy of Marina Landscape, Inc.

Power One LLC Jason Cline

Contractor Members: D-Line Constructors, Inc. Matt Certa

Associate Members: Carpenter Rigging Group Bruce Yoder

California Auger Boring Michael Reardon

Eide Bailly LLP Nic Waldenmayer

R&S Construction Management Inc. Teera Nuntaworanuch

Philadelphia Insurance Companies Erin Sullivan

Associate Member: Troutman Sanders LLP James Diwik

Caterpillar Financial Services Corporation Luis Lester

Smith-Emery Company, Inc. James Partridge

California Boring Inc. Michael Reardon Odyssey Environmental Services, Inc. Mike Moore Associate Member: Ramos Oil Co., Inc. Robert Feder TYS, LLP Tobin Moon

10 YEARS – 2014

Contractor Members: Golden Gate Constructors Rich Gates Marina Landscape, Inc. Robert Cowan Associate Members: Cal Safety, Inc. Kevin Karrick Newfront Bryan Martin

9 YEARS – 2015

Contractor Member: Cratus, Inc. Liam Finnegan Hoseley Corporation Rusty Hoseley

8 YEARS – 2016

Contractor Members: Blue Iron Foundations & Shoring, LLC Melissa Baker

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Fisher Phillips Jason Geller Heritage Bank of Commerce Wendy Talamantes

6 YEARS – 2018

Aldrich CPAs + Advisors LLP Nick Balaity

5 YEARS – 2019

Contractor Members: C&N Reinforcing, Inc. Juan Perez

Contractor Members: Concrete Demo Works, Inc. Ed Flores

Independent Structures, Inc. John Langum

Cheryl’s Underground Construction Cheryl Hamilton

Nor-Cal Concrete, Inc. Joe Ardave

S.E. Pipe Line Construction Company Shannon Hearn

Associate Members: Bubba’s Lowbed Service LLC David Nisich

Mladen Buntich Construction Mladen Buntich, Jr.

Rendon & Associates Lou Rendon

Fryman Management Inc. Ross Fryman

Contractor Members: Kiewit Infrastructure West Co. Tim Gleaves

Underground Manholes Robert Williams Innovate Concrete, Inc. dba Innovate Engineering J. Ramon Ramirez

W W W.U N I T E D C O N T R AC T O R S . O R G

4 YEARS – 2020

Live Oak Utility Infrastructure, LLC Peter Worhunsky

R & M Paving Contractors, Inc. Anthony Selway Sequoia Civil, LLC Michael D. Betti Toro Enterprises, Inc. Sean Castillo Associate Members: Berkshire Hathaway Specialty Insurance Lindsay Machacek First Vanguard Rentals & Sales Inc. Robert Merwin Hilti Simone Zatti Hoge Fenton Alay Yajnik Primax Shoring, Inc. Max Kadiu U-Rock Utility Equipment Inc. Mark Paduveris

3 YEARS – 2021

Contractor Members: Action Sweeping Services, Inc. Dianna Paris Capitol Barricade Dave Sherman Capitol Traffic Services, Inc. Jorge Torres Ground Control Inc. Ameet Patel Kiewit Foundations Co. Mike Meduna

Statewide Safety Systems Don Nicholas

DPI Inc. Brittany DeFreitas

Steelhead Constructors, JV Kevin Ramstrom

G. Bortolotto & Company, Inc. Robert Bortolotto

Western Water Constructors, Inc. Ken Kreischer

GSW Construction Inc. Gary Silveria

Associate Members: Allen Construction Group LLP Hiromi Young Tenstreet Construction Jim Hall Davillier-Sloan, Inc. Jake Sloan

2 YEARS – 2022

Contractor Members: Cal Stripe Inc. Steve Fleener

Photo courtesy of Toro Enterprises, Inc.

Tom Mayo Construction, Inc. Tom D Mayo

D W General Engineering Contractor Corp.

David Wilson

Associate Members: G3 Quality, Inc. Chris Gerber

Van Diest Bros., Inc. Scott Van Diest

OBS Engineering, Inc. Wilmoth Lewis

Western States Oil Robin Jackson

QA Constructors, Inc. Luis Quinto Allende

Tully Consulting Group Robin Tully

Kiewit Shea Traylor, A Joint Venture Matt Scott

Bulk Exchange Dustin Liebman

3 color left chest ABOVE POCKET Associate Members: -chrome yellow The Family Business -white underbase Institute -black Kevin Albanese 4" wide

1 YEAR – 2023

Contractor Members: Peterson Pipeline, Inc. Greg Peterson

Van Diest Bros., Inc. Scott Van Diest

43650 Osgood Road, Fremont, CA 94539

T: (510) 656-2840 • www.Chrispco.com 3 color left chest ABOVE POCKET -chrome yellow -white underbase -black 4.23" wide

JANUARY/FEBRUARY 2024

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2023 CONTRACTOR MEMBER SATISFACTION SURVEY RESULTS RATED

4.8 OUT OF 5

100+ Record Growth!

100+ New Contractor Members in 2023

LABOR ADVOCACY/ CONTRACTOR SERVICES/ EXPERT HELP:

4.7

Assisted with over 2,500 calls/ emails this year: • Labor disputes and grievances • Public works/prevailing wage compliance • Payroll advisory • Employment law • Trust fund issues • Pre-job conferences and more

LEADERSHIP & PROFESSIONAL DEVELOPMENT:

LEGISLATIVE ADVOCACY:

W W W.U N I T E D C O N T R AC T O R S . O R G

4.5

Fighting to protect your marketshare, improve the business environment, and increase infrastructure funding across the state, by working to support bills and elect legislators that elevate the union construction industry.

4.6

2,800+ individuals from over 260 companies participated in UCON’s in-person and virtual 50+ professional development courses this year, including UCON’s sold-out programs: Fearless Field Leader, and Project Management Career Advancement (PMCA).

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OVERALL SATISFACTION LEVEL WITH UCON MEMBERSHIP

A 98% retention rate reflects the level of return on investment UCON contractors receive.

2,500

+

UCON STAFF OVERALL SERVICE & RESPONSIVENESS

4.7 99% 98% 99% of contractor members would absolutely recommend UCON to a peer or colleague.

4.7

COMMUNICATIONS OF INFORMATION & INDUSTRY UPDATES; UCON EVENTS: ALMOST 20,000 DOWNLOADS FROM OUR CONTRACTOR RESOURCES LIBRARY; 2,175+ USERS OF THE UCON APP; EIGHT STATEWIDE EVENTS—3,300+ PEOPLE, OVER 440 COMPANIES

TRENCH SHORING COMPANY

SERVICE & INVENTORY FROM ALL OUR LOCATIONS

50 YEARS Bakersfield 661-396-9160

Banning

Corona

Compton - Corporate Office - 310-327-5554 Fresno Fullerton Lake Forest Moorpark

951-849-1611 951-734-4290 559-691-4123

714-879-1005

949-454-0858

TrenchShoring.com

805-529-4614

San Diego

858-530-2500

San Leandro 510-900-0595

Las Vegas

702-651-0920

0% 0 0 $

FOR 36 MONTHS

DOWN

HASSLE

UP TO $500 TOWARD A CAT CVA* ®

START BUILDING petersoncat.com/bcp-offer 844-349-4353 *Offer of 0% is for a loan term of 36 months, valid from January 1, 2024 through March 31, 2024 on new compact (compact track loaders, compact wheel loaders, micro/mini excavators, skid steer loaders) and small (backhoe loaders, telehandlers, small track type tractors, small wheel loaders) Cat machines sold by participating Cat dealers to customers in the USA or Canada. The credit of up to $500 USD for CVA purchase can only be applied toward the purchase of a qualifying Cat Customer Value Agreement (CVA). Purchases (both machine and CVA) and machine delivery must occur by March 31, 2024. Offer subject to machine availability and credit approval by Cat Financial. Not all customers will qualify. Amount of the CVA credit cannot exceed the price of the qualifying CVA. CVA must be at least 2yr/1000hr and must include 1-year Preventative Maintenance Parts Kit, TA1 annual Inspection, signed CVA contract, and Product LinkTM. Amount of credit towards CVA is the same for all models. Offer may change without prior notice and cannot be combined with any other offers. Additional terms and conditions will apply. Contact Peterson Cat for details. ©2024 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, LET’S DO THE WORK, their respective logos, “Caterpillar Corporate Yellow,” the “Power Edge” and Cat “Modern Hex” trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.