United Contractors Magazine October 2023

O C TO B E R 2 0 2 3 I S S U E / V O L U M E 2 2 9 W W W.U N I T E D C O N T R AC T O R S . O R G

in•flu•ence noun

the capacity or power to have an effect

Special Advocacy Issue UCON Members Make the Difference

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CONTENTS

2023 UNITED CONTRACTORS BOARD OFFICERS President..................... Ron Bianchini, Preston Pipelines, Inc. VP/President-Elect.............. Kevin Hester, McGuire and Hester Secretary/Treasurer...........Dale Breen, Midstate Barrier, Inc. Sec/Treas-Elect.......Juan C. Arrequin, Bay Line Cutting & Coring, Inc.

UNITED CONTRACTORS BOARD OF DIRECTORS

6 UP Front

Kelly Attebery, F & M Bank; Tom Barr, Ghilotti Bros., Inc.; Bryn Burke, Dees Burke Engineering Constructors, LLC; Teresa Dias, Peterson Trucks, Inc.; Kurt Eddy, Pavement Recycling Systems, Inc.; Garrett Francis, Nor-Cal Pipeline Services; Greg Goebel Jr., Goebel Construction, Inc.; Alan Guy, Anvil Builders; Jeff Peel, Steve P. Rados, Inc.; Michael Prlich, Mike Prlich & Sons, Inc.; Joe Sostaric, The Conco Companies

8 LABOR

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Legislative Influence

By Rob Layne, O.C. Jones & Sons, Inc., Chairman of UCON’s Legislative Committee

Meal & Rest Periods on the Job Site

By Michael Belmear, Director of Labor Relations

UCON LEADERS

United Contractors Committee Chairs Associates: Teresa Dias (Associate Director), Peterson Trucks, Inc. | Kelly Attebery (Associate Director-Elect), F & M Bank | 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

OCTOBER 2023

From Legislation to Law, UCON’s Got You Covered

By Ruby Varnadore, Senior Contracts Manager

UCON - OE3 Industry Partner Meeting

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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; Michael Belmear, Director of Labor Relations; Dave Jenkins, Contractor Services, Southern California; Ruby Varnadore, Senior Labor Contracts Manager; Dilpreet Mayall, Labor Contracts Manager; Lucia Mixon, Contractor Member Services, Southern CA; Sandra Kaya, Administrative Specialist; Sue WeilerDoke, Labor Relations Consultant; 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, Publications 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. © 2023 Published in the U.S.A.

AUCTION 24 ADVOCACY PREVIEW

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OCTOBER 2023

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By Rob Layne, O.C. Jones & Sons, Inc. Chair of UCON’s Legislative Committee

LEGISLATIVE INFLUENCE

UCON Members’ Direct Input Makes the Difference

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elcome to the legislative issue. I know, everyone’s favorite topic. And while I realize you personally might not be interested in the details of California’s often tangled legislative process, it is important that someone is paying attention. After all, outside of your own hard work, there is no greater influence on the success of your business than your government. Fortunately, United Contractors has people who actually enjoy paying attention, and they are good at helping look after our interests.

California’s congressional members spend a lot of time coming up with new laws to make sure we know they are working.

This past legislative session, over 2,600 bills were introduced for consideration.

Some of the proposed bills may be beneficial to our industry, and some of them most certainly are not. One proposed bill to require physical barriers be required to protect highway workers appeared to be a good proposal. Another bill that would provide unemployment benefits to workers when they go out on strike seems unbelievable. Our legislative committee, with the help of our political consultants, goes through each of these bills to determine which ones impact our industry and what action we can take on each bill to best protect our business.

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About 10 years ago, I wrote a similar article for this magazine. In that article, I wrote “take the time to check out the calendar of events our government relations committees have put together for this past year.” It’s incredible when compared to what we were doing 10 years ago.

We are now at the point where UCON is being sought out for our opinion and input in the political arena.

Legislators are coming to us for support on their bills. Agencies are inviting us to sit down with them and discuss their own operations. Just recently, the Legislative Analyst’s Office asked us to participate in their review of Caltrans for areas of improvement.

So here we are today, another 10 years later, and what is being accomplished by United Contractors is even

...OUTSIDE OF YOUR OWN HARD more impressive. Thanks to in discussing what is best you, support for our legislative for the overall good of our WORK, THERE IS NO GREATER action fundraisers has been industry. If you can spare a INFLUENCE ON THE SUCCESS reaching record levels. little time, join the committee UCON continues to grow and and share your take on the OF YOUR BUSINESS THAN YOUR improve, and as the leading bills that are being analyzed GOVERNMENT. union-affiliated contractors’ (learn more about the association in the western committee on page 22). If you United States, our support and input is valued by get a request to send a letter addressing a particular bill, politicians locally, statewide, and nationally. take a minute and do it. UCON has set up easy methods to quickly write your legislator online.

In turn, we are taking advantage of the opportunity to educate our public officials on how our industry And when the fundraising events come around, join the impacts our communities as well as how their decisions party (attend, sponsor and/or donate to our Advocacy impact our businesses.

Auction—see pages 24-28)!

Of course, all the progress we have made over the years could not have been achieved without the contributions of our members. Our legislative committee is made up of all types of members, from the owner-operator to national contractors to associated service and supplier members. Nevertheless, each voice is weighed equally

Your investment in looking out for the well-being of the construction industry is one of the best investments you can make in your own business. As they say, if you’re not at the table, you’re on the menu.

Stay safe out there! z

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By Michael Belmear, Director of Labor Relations

MEAL & REST PERIODS ON THE JOB SITE Getting Ahead of Your Obligations Before They Get Ahead of You

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n construction, there are countless operational constraints that make it challenging for your field employees to meet meal and rest period obligations.

Consequently, meal and rest period claims are the most common and costly in the industry because of inconsistent field practices and, at times, false claims. While the nature of construction can easily be blamed, the difference between contractors who win or lose such claims comes down to your company’s policies and practices. In other words, meal and rest period liabilities are often avoidable, especially if you know how to navigate this issue. This article explores meal and rest period requirements, what to do when employees aren’t getting their breaks, and contractor best practices, including some fresh guidance on something new to add to your timecards, to help you control this issue before it controls you.

What are the rest period requirements for my field workforce?

What are the meal period requirements for my field workforce?

•

A 10-minute paid and uninterrupted rest period for every 4 hours (or a major fraction over 2 hours) of working time. No rest period is required if the workday is less than 3.5 hours. A typical work day of less than 10 hours will trigger the need for two 10-minute rest periods.

•

As with meal breaks, employers must ensure that employees are relieved of all job-related duties during rest breaks. Employees should be encouraged to use these breaks for rest, personal activities, or grabbing a snack.

•

Finally, Wage Order 16 and most CBAs allow contractors to “stagger rest periods of on-site construction employees to avoid interruption in the flow of work and to maintain continuous operations” and also allow for “scheduling rest periods to coincide with breaks in the flow of work that occur in the course of the workday.”

Photo courtesy Yerba Buena Engineering & Construction, Inc.

Contractors must provide rest breaks to non-exempt employees. In contrast with meal periods, rest periods are 10 minutes, considered compensable (paid) time, and must be given during the workday to provide employees with a moment off-duty for rest and relaxation.

According to Wage Order 16 and our CBAs, non-exempt (hourly) employees are entitled to:

According to Wage Order 16 and our collective bargaining agreements (CBAs), non-exempt (hourly) employees are entitled to: •

A 30-minute uninterrupted, unpaid meal period, typically between the 4th and 5th hour of the day

•

A second meal period between the 10th and 12th hours of the day, as applicable

•

During meal breaks, employees must be fully relieved of their job duties and be free to leave the workplace premises. It is critical to ensure that employees are not under any pressure or obligation to work for the full duration of these breaks.

•

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Some, but not all, construction CBAs permit the waiver of a second meal period, so long as the first meal period was taken.

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What should I do if my employees aren’t getting their meal and rest periods?

It is critical to ensure that your employees are getting their meal and rest periods as required under the law and your CBAs. However, there naturally are times when getting those breaks is not possible. In such circumstances, it is essential to pay your employees the required meal and/ or rest period penalties when such breaks aren’t afforded to your workers. Unionized contractors must rely on the meal period and rest period penalty rules described in your CBA(s). For non-unionized hourly employees, contractors should refer to the penalties defined under the appropriate Wage Order for the employee’s job.

Don’t forget that even when your employees don’t get a meal period, you are still required to provide them “an opportunity to eat.” This item is an increasing subject of scrutiny in labor compliance and should not be ignored.

We’ll get into this item further below.

4 Have your foremen or other field leadership check in on a daily basis with their crews to ensure they are getting both their meal and rest periods, making sure to take note and ensure penalty pay when needed.

4 When operational issues interfere with taking meal or rest periods as expected, make sure your foremen communicate directly with their crews to take meal and rest periods at the next available opportunity. Be sure they specify when/where that break should occur.

4 Make taking meal and rest periods part of your daily or weekly tailgate or safety meetings.

Don’t forget to document that this policy was discussed in your meeting notes when you do.

4 Regularly remind employees in these meetings that if they are not getting a meal or rest period, they are to indicate so on their timecards and should also raise the issue immediately with management or HR. Continued on next page

Contractor Best Practices 1. Create and Regularly Communicate About Your Company’s Meal & Rest Period Policy 4 If your company doesn’t already have a clear meal and rest period policy, connect with UCON or your attorney to create one as soon as possible.

4 Issue and periodically re-issue memos to employees, reminding them of your meal and rest period policies, including that they are to advise their foreman, management, or HR right away when they don’t get their meal and rest periods.

2. Engage with Your Employees Actively on Taking Meal & Rest Periods While in the Field 4 To the extent possible, have your foreman or other field leadership direct crews on a daily basis regarding what time(s) of day employees are expected to take their meal and rest periods.

4 Designate an area where employees are expected to take their meal and/or rest periods when possible.

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3. Make Sure Your Timekeeping System Covers Meals, Rest Periods, and the Opportunity to Eat 4 To the extent possible, use a timekeeping system that allows employees to record their time during the day as it is happening, including in and out times for meal periods. If that’s not possible, make sure each employee signs off daily regarding when they received or if they didn’t receive their meal and rest periods that day.

4 The “opportunity to eat” is a new suggestion for contractors so employees can identify whether they had the chance to eat even when they may not have received their meal period(s). It’s highly recommended that you find a way to amend your current timekeeping forms to track this information.

4 Do not round time at the beginning or end of shifts or meal periods.

4 Consider providing a grace period of up to five minutes on meal periods to allow sufficient time for checking in and out, if needed.

4 Employee time records must be retained and archived for at least four years.

4 Cover daily meal and rest period requirements in new hire orientations.

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4. Document. Document. Document.

4 The most common argument in meal/rest period claims is that employees fear raising issues with their direct supervisors. Once again, remind employees in these meetings that if they are not getting a meal or rest period, they are to indicate so on their timecards and should raise the issue immediately with management or HR— document when this reminder is issued in your meeting notes or company correspondence logs.

4 Ensure your timecards and timekeeping systems make it easy to track all necessary information to ensure your policies are followed.

4 Track and record all your efforts to remind and enforce your meal and rest period policy in the field and through your regular personnel communications to defend against false claims.

Do you need more information, guidance, or a review of your policies and practices? Contact UCON Director of Labor Relations Michael Belmear— (412) 588-4303 or mbelmear@unitedcontractors.org.

You can also reach any member of our team at (925) 855-7900 or memberinfo@unitedcontractors.org with questions on meal and rest periods. Don’t forget to check out these key UCON resources: •

UCON’s Meal & Rest Period Guidelines

•

UCON Meal & Rest Period Compliance & FAQ Chart

•

UCON’s Union Meal Period Chart – N. CA & S. CA

•

UCON’s Union Rest Period Chart – N. CA & S. CA

4 Keep daily job records of what time and where foremen or supervisors directed meal and rest periods to be taken, especially if operational circumstances pushed breaks into early or later parts of the shift.

4 If an employee is in a position to waive their second meal period per their CBA rules, make sure they fill out a form confirming they got their first meal period and that they agree to waive their second meal period on their own volition.

Just like safety, taking meals and rest periods should be an essential part of every employee’s workday.

That’s not simply because it is required under the law or a CBA, but because it’s about the well-being of your workers. While there are countless challenges to ensuring all employees get their breaks, it is well worth your time to ensure your company culture, policies, communications, and operations align with this priority. Alternatively, make sure you are compensating employees accordingly when they don’t get their breaks, and make sure that’s a well-communicated priority to avoid the false claim factor. In today’s litigious world, it’s less a matter of if than when a meal and rest period claim will come your way. Contractors commonly pay in the five (5) to seven (7) figure range to settle these claims, all of which are largely avoidable if you follow the above recommendations. z

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OCTOBER 2023

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By Ruby Varnadore, Senior Labor Contracts Manager

FROM LEGISLATION TO LAW— UCON’S GOT YOU COVERED

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n today’s ever-evolving regulatory landscape, staying compliant with the latest legislation is crucial for our members. Keeping up with these changes and ensuring that your operations align with the latest legal standards demands constant vigilance and adaptation.

Failure to adhere to new laws and regulations can result in costly fines, damage to reputation, and even legal troubles. UCON’s Contractor Help Desk is here to provide you with the tools and expertise needed to navigate the complex world of compliance once legislation becomes law.

Timely Updates and Guidance: We keep contractors informed about changes in laws and regulations, helping them adapt to new compliance challenges as they arise.

We do this by issuing monthly Labor & HR Bulletins that provide a recap of the latest developments in labor and employment law. More importantly, we send out standalone alerts for critical and/or time-sensitive issues, providing you with necessary guidance and resources.

Need to add yourself or others on your team to the distribution list? Send us an e-mail at memberinfo@ unitedcontractors.org.

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Expert Resources: UCON works with legal counsel and other subject matter experts to provide contractors with up-to-date information and guidance on how to adapt to new legislation effectively. Examples of valuable guidance we have created (and continue to update) as a result of complicated new laws include our AB 5 Overview & FAQ for Contractors, Skilled & Trained Workforce Guide, and Trucking Prevailing Wages Reference Guide. When needed, we have also organized seminars and webinars to provide training and answer questions.

UCON–OE3 Industry Partner Meeting (IPMs) United Contractors met with OE3 at our first in-person Industry Partner Meeting (IPM) since the COVID shutdown. 34 contractors and representatives from OE3 leadership met to share concerns and ideas in a casual atmosphere. The IPM focused on relationship-building and discussions addressing critical issues and challenges in our industry.

Key topics included union market share, organizing strategies, issues on PG&E projects, and trust fund status. UCON and OE3 are both committed to continue exploring solutions for these issues together. z

Need access to the Contractor Resources Library for all of UCON’s valuable resources? Go to https:// unitedcontractors.org/employee-registration to create your log-in. (You must be an employee of a UCON Contractor Member.)

Customized Assistance: Our team at UCON is your go-to resource for specific issues and questions. Different team members have different areas of expertise, and all of us can help direct you to where you can get what you need. Call us at (925) 855-7900 or e-mail us at memberinfo@unitedcontractors.org.

Meet our team and find direct contact information at https://www.unitedcontractors.org/member-benefits/ labor-relations-hr-solutions/labor-team. Contractor members also have access to other specialized consultants and occasional legal referrals through us. z

UCON ADDS NEW TEAM MEMBER TO LABOR & MEMBER SERVICES Dilpreet Mayall has joined United Contractors as our Labor Contracts Manager, the newest member of our growing Labor Relations Team. Dilpreet is based out of our San Ramon office, and is excited to start assisting and partnering with our members.

Dilpreet comes to UCON after recently acquiring his Juris Doctor (J.D.) Degree from Santa Clara Law School. He also earned a Bachelor of Arts in Legal Studies from the University of California, Berkeley. After completing law school, Dilpreet gained valuable experience as a New Business Intake Coordinator at the Polsinelli Law Firm, where he assisted with conflicts of interest cases.

Dilpreet looks forward to utilizing his legal background to assist our members with problem-solving, contract interpretation, and labor-related issues. Please feel free to reach out directly to him at dmayall@ unitedcontractors.org. z

OCTOBER 2023

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YOUR POLITICAL ADVOCACY TEAM ELEVATING THE INDUSTRY EMILY COHEN

Executive Vice President

Emily oversees the political, government & public affairs of United Contractors, aimed at improving the market share and business environment for California’s union contractors. This includes local, state & federal legislation, government relations, industry-focused ballot measures, grassroots member engagement, UCON PAC, and public relations efforts to increase UCON influence at every level of government.

RAY BACA

Regional Director, Southern CA

Ray has extensive experience in the construction industry, and oversees government and agency relations in Southern CA. He is formerly with ECA, where he served as Executive Director. Ray continues to make a significant impact as he works to improve public policies and advance the needs of the industry.

URSULA BECKER

Executive Assistant to EVP

Ursula provides administrative and project support to the Executive Vice President and department, acting as a liaison between the EVP and United Contractors’ members, committees, unions, elected officials & campaigns, and industry affiliates.

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UCON’s Political Advocacy and Government Relations team improves, expands, and protects union contractors’ interests, influencing public policy, and improving the political and regulatory climate for our members. Together, we build coalitions, advance the voice and influence of union contractors, drive local and state ballot measures, foster agency relations, and help members navigate the local, state and federal public works environment.

UCON is the most powerful voice for California union contractors, elevating our members and the greater industry through our dedicated advocacy work.

CHRIS LEE

Safety Consultant

With years of experience as an OSHA official, Chris’ work includes supporting and advising members on a range of occupational safety and health services, providing help and clarifying the requirements of Cal/OSHA regulations, tracking of regulatory activity, researching issues related to workplace safety and health, and providing assistance to members regarding enforcement actions.

ASSOCIATES ENVIRONMENTAL California Air Resources Board/ Regulatory Consultants

Associates Environmental is UCON’s regulatory consultant and advocate, helping members navigate the complexities of CARB rules and regulations while serving as UCON’s advocate to the Board. UCON’s contractors have 1:1 access as a member benefit.

UCON LEGISLATIVE ADVOCATES: EDDIE BERNACCHI

UCON Chief Lobbyist Politico Group*, President

Eddie is a twenty-year veteran of the public affairs and lobbying industry. Under Eddie’s leadership, United Contractors has secured some of the construction industry’s most significant political achievements including legislation regarding prompt-payment protections, indemnity reform, change-order payment protections, wrap insurance disclosure, increased transportation funding, licensing enforcement, workers comp reform, union-contractor market-share expansions and more.

BRET BARROW

UCON Lobbyist Politico Group*, Principal

Bret has more than three decades of experience in state lobbying and serves UCON members with his extensive advocacy experience in energy, safety, and business policy. Bret has worked on a diverse spectrum of important policy issues impacting union contractors including environmental, safety and business regulations, helping to defend and improve the business environment for UCON

KIANA VALENTINE

UCON Lobbyist Politico Group*, Principal

Kiana brings more than a decade of policy experience to UCON in transportation, local government, and state funding and budget issues. She played a leading role in the passage and implementation of some of California’s most significant transportation funding decisions over the last decade including 2017’s SB 1. Kiana represents UCON on budgetary issues, transportation policy, environmental policy, and is the legislative liaison to the Caltrans Committee.

BEVERLY CARR

CSLB Licensing Advocate Politico Group*

Beverly has been with Politico Group for more than 30 years, assisting hundreds of contractors with licensing compliance during her tenure. She works with UCON members to advocate and assist with a variety of complex licensing issues and applications and is an outstanding liaison and resource.

UCON’S GOVERNMENT RELATIONS AND POLITICAL ADVOCACY TEAM: WE FOCUS ON public policy,

political and regulatory advocacy, coalition buidling, political support, local and state ballot measures, regulatory compliance, agency relations, and direct member support and problem-solving.

WE PROVIDE: • • • • • • • •

PAC Fundraising and Candidate Support Local and State Ballot Sponsorship and Support Lobbying & Advocacy on Legislation Bill Sponsorship Coalition Building & Industry Representation Political Events, and Direct Member Engagement Industry Public Relations and more

DIRECT MEMBER SUPPORT WITH: • • • • • • • •

CSLB Licensing Support Caltrans Issues CARB Regulatory Support Cal/OSHA and Safety Compliance Support Crisis Management State Water Resources Control Board (SWRCB) Advocacy and SWPPP Issues Local and State Agency Input and Advocacy and more

OCTOBER 2023

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By Ray Baca, Regional Director Southern CA

CALIFORNIA INFRASTRUCTURE STREAMLINING PACKAGE: WHAT YOU NEED TO KNOW

W

ith the signing of the UCON supported infrastructure streamlining legislative package, which accelerates construction timelines on the projects necessary to achieve the state’s climate and clean energy goals, Governor Newsom bolstered thousands of projects that help build our 100% clean electric grid, ensure safe drinking water, boost the state’s water supply, and modernize the state’s transportation system.

The package of bills represents an urgent push to take full advantage of an unprecedented $180 billion in state, local, and federal infrastructure funds over the next ten years. By streamlining permitting, cutting red tape, and allowing state agencies to use new project delivery methods, this legislation is designed to maximize taxpayer dollars and advance the timelines of projects throughout the state, while ensuring appropriate environmental review and community engagement.

HOW IT WORKS: Speeds Up Construction: Current construction procurement processes drive delays and increase project costs. The legislation includes methods to offer a streamlined process for project delivery to reduce project timeframes and costs. This includes allowing the Department of Transportation and the Department of Water Resources to use what’s known as the progressive design-build method for some projects, meaning both the design and construction of a project are provided by a single contractor.

Expedites Court Review: Legal challenges often tie up projects even after successfully passing through 18

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environmental review. This legislation speeds up legal review to avoid long delays and advance projects without reducing the environmental and government transparency benefits of CEQA. Permitting: Makes changes to California law to accelerate permitting for certain projects, reducing delays and project costs.

Addresses Cumbersome CEQA Processes: Coordinates procedures around document collection and assembly in litigation after projects have already been approved.

Maximizes Federal Dollars: Establishes a Green Bank Financing Program within the Climate Catalyst Fund so that the state can leverage federal dollars for climate projects that cut pollution, with an emphasis on projects that benefit low-income and disadvantaged communities.

The plan also requires CalTrans to earmark $50 million of federal funds over the next four years to support the state’s high road construction careers program, designed to provide greater inclusion and equity in employment for women, veterans, and others who come from economically disadvantaged areas. z

LEGISLATIVE ADVOCACY

I

n addition to many other bills UCON is currently advocating for or against, or working to amend this year, UCON has launched grassroots campaigns for the following legislative and regulatory policy issues:

SB 365 (Wiener) Weakens the effectiveness of industry CBAs and subjects union signatory employers to increased legal cost; making the bill a “LOSE LOSE” for the Union Construction Industry —Oppose

AB 338 (Aguiar-Curry) Request for Governor’s signature. AB 338 establishes wage standards and labor commissioner enforcement for large-scale fuel reduction work that involves precautionary measures to protect communities from the spread of wildfires.

Cal/OSHA Draft Lead Standards Revisions—Oppose

SB 799 (Durazo) Bill has passed. UCON’s priority right now is to focus on a veto from the Governor.

SB 799 would give striking workers the ability to claim unemployment after two weeks of striking. Analysis: •

Fundamentally alters the nature of UI by providing unemployment to workers who still have a job and have chosen to temporarily refuse to work as a negotiating tactic. Striking is a federally protected right and has historically been a key strategy in labor disputes, however, being on strike is not the same as being laid off.

•

If passed, a union strike could destroy all the signatory contractors’ s UI experience rating and drive up their UI taxes for years to come. Ultimately making those union contractors less competitive.

•

California’s UI fund is currently problematic, and has an outstanding debt of $18 billion in federal loans (due to the COVID crisis), meaning California employers will be paying increased UI taxes of $21 per employee per year until 2032. SB 799 will increase this debt and extend the timeline for repayment and any subsequent reduction in employer UI tax. — UCON is encouraging members to send letters to Governor Newson, requesting he veto SB 799.

Additional legislation UCON is currently supporting as it moves through the legislature: SB 4 and SB 423 Carpenters Housing Reform Bills —Support Join UCON’s Legislative Advisory Committee: UCON is building out our 2024 Legislative Advisory Committee, which helps provide essential input to our government relations and lobbying team on a broad range of legislation that impacts our industry. If you are interested in participating, contact Ursula Becker, ubecker@unitedcontractors.org.

Stay informed, and take action on issues that matter to our industry. Thank you to all members who wrote letters of support!

Learn more about any current issues: unitedcontractors.org/news/take-action OCTOBER 2023

19

By Eddie Bernacchi, Politico Group, UCON Chief Lobbyist

LEGISLATURE SENDS TWO INDUSTRY IMPACTING CONSTITUTIONAL AMENDMENTS TO 2024 BALLOT

I

n the last weeks of the 2023 legislative session, two constitutional amendments—one long sought and another later breaking in nature—were passed by the Legislature and are now heading to voters in 2024. How voters respond to these initiatives may have significant impacts on future funding for public infrastructure, including Other law firms interpret construction law. transportation.

Carno Law Group Defines it.

The first, Assembly Constitutional Amendment 1 (ACA 1) will ask voters to reconsider the voter threshold required to pass local sales taxes and bonds dedicated to affordable housing and infrastructure.

ACA 1 would amend provisions of the famed 1978 Proposition 13, officially named the “People’s Initiative to Limit Property Taxation,” which in addition to limiting annual increases in property taxes, also placed in law a two-thirds vote requirement for local elections for a city, county, or special district wishing to increase special taxes such as a local sales tax or pass bonds for transportation infrastructure and road repair.

Paradoxically, Proposition 13 allows local agencies to adopt general taxes by a simple majority vote. If passed, ACA 1 would require a “super” majority of voters to pass special taxes and bonds but reduce the threshold of the “super majority” from two-thirds to 55% (which is the same threshold currently required to pass school districts infrastructure bonds).

Assemblymember Cecilia Aguiar-Curry, author of ACA 1 who has been working on the issue for many years, argues that “local officials propose a local bond 20

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

or special tax, and then it is up to the voters in that community to decide whether they support the idea or not. Local governments and local voters know best what their communities need. These investment initiatives often fail to reach the legal requirement of a two-thirds vote, a threshold under which opponents’ votes count twice as much as those community members who support infrastructure investments.”

ACA 1 also contains significant transparency and accountability measures, including a requirement for a specific expenditure plan for the proposed projects and programs to be funded, annual financial and performance audits, monitoring by a citizens’ commission with members who’ve received financial training to assure resources are being spent as proposed, and a cap on administrative expenses of 5%.

The second, Assembly Constitutional Amendment 13 (ACA 13), if approved by voters, would require future ballot initiatives that seek to increase voter thresholds to pass taxes to pass by the same proposed

chinery

higher voter approval threshold it is seeking to set.

Unlike ACA 1, this proposal was pushed through the legislative process in direct response to a proposed initiative called the “Taxpayer Protection and Government Accountability Act” that is set to be placed on the November 2024 ballot. That initiative would, among other things, require tax increases passed by the Legislature and approved by the Governor, to be approved by voters by a two-thirds majority vote.

By way of example, in 2017, if the Taxpayer Protection Act were in effect, two-thirds of voters would have had to approve SB 1—the Road Repair and Accountability Act—after the Legislature passed the bill with twothirds approval and following the Governor’s signature.

As bipartisanship continues to wain and the political divide widens in California, with both measures on the November 2024 ballot there is sure to be confusion, mixed feelings and significant industry impact—with a potential outcome that could be as consequential as Proposition 13 itself. z

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www.sukut.com OCTOBER 2023

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UCON MEMBERS MAKE THE DIFFERENCE UCON committees offer members an opportunity to provide direct input and influence on important industry issues. There are several advocacy-focused committees that members can join. For a full list of UCON’s committees, visit www.unitedcontractors.org (or view our September UCON Magazine’s Engagement issue).

LEGISLATIVE COMMITTEE: UCON’s Advocacy team exists to improve the market share for union contractors statewide. The committee serves as the platform for members to provide input and ideas on a wide variety of business-relevant legislation.

• Committee Criteria: This is an open committee and best suited for those interested in learning about the legislative process and providing feedback on behalf of the industry.

• Chair: Rob Layne, O.C. Jones & Sons, Inc. • Contact: Emily Cohen, UCON EVP, ecohen@unitedcontractors.org.

SOUTHERN CALIFORNIA REGIONAL EXECUTIVE COUNCIL: The Regional Executive Council (REC) is a committee that serves the UCON Board of Directors. The primary function of the REC is to be responsible for oversight of the plans, activities, and impacts related to the region.

This committee is focusing on engaging with local and state officials throughout the year. For the October meeting, they will host Supervisor Don Wagner, Chairman of the Orange County Board of Supervisors.

• Committee Criteria: This is a closed committee.

• Chairs: Michael Prlich, Mike Prlich & Sons, Inc. • Garret Francis, Nor Cal Pipeline Services • Contact: Clay O’Neal, Regional VP, Southern CA, coneal@unitedcontractors.org

UCON is dedicated to connecting our contractor members to various agencies throughout California.

We hold several committee forums each year, and have the following committees which meet on a regular basis:

• • • • • • •

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Caltrans Liaison Committee Caltrans Tri-District Liaison Committee LAWA (Los Angeles World Airports) Committee Los Angeles Metro Committee Metropolitan Water District (MWD) Committee San Francisco City Contractor Liaison Committee Safety & Insurance Committee

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

In September, UCON Contractors participated in in-person meetings with Caltrans and MWD. If you are interested in learning more, contact Ray Baca, Regional Director, Southern CA, (657) 439-6161, rbaca@unitedcontractors.org

COMMITTEE SPOTLIGHT:

UCON’s PAC (Political Action) Committee The PAC Committee determines which political candidates to support. Candidates and elected officials are closely reviewed. The committee provides oversight, as well as leadership for fundraising for the UCON PAC. • Committee Criteria: A closed committee limited to 9 seats, made up of 8 principal/owner contractor members and 1 Associate Member.

• Chair: George Furnanz, Stacy and Witbeck, Inc. • Vice-Chair: Steve Concannon, Pavement Recycling Systems, Inc. • Contact: Emily Cohen, UCON EVP, ecohen@unitedcontractors.org.

UCON PAC LEADERSHIP:

From left to right: George Furnanz, Stacy and Witbeck, Inc. (Committee Chair); Steve Concannon, Pavement Recycling Systems, Inc. (Vice-Chair); Mike Bauman, Bauman Landscape & Construction, Inc.

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Dominic Sposeto, Vanguard Construction; Wahid Tadros, California Engineering Contractors, Inc.; Rita Vigil-Ferguson, G&F Concrete Cutting, Inc.

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OCTOBER 2023

23

A Night in Paris 2023 ADVOCACY

AUCTION Saturday, November 11, 2023 5:00-10:00pm

The Claremont Club & Spa, Berkeley, CA Tickets: $350 member, $450 non-member (Early-bird, expires 10/11) $365 member, $465 non-member (Standard) | Tables of 10 available To donate auction items or for more information, please contact Christine or Rachel at (925) 855-7900, ctraina@unitedcontractors.org, roraa@unitedcontractors.org Scan the QR Code or visit the UCON Auction website to donate packaged items, register, and sponsor.

Join us for an evening of connection, celebration, and fundraising for UCON’s Government Advocacy programs, which build coalitions, drive local & state ballot measures, ensure regulatory fairness, & assist with complex compliance requirements—all benefiting and supporting union contractors.

DONATE | SPONSOR | ATTEND WWW.UNITEDCONTRACTORSAUCTION.COM 24

WN U WI W T E. UDN CIOT N ED TR CA OCNTTORRASC. TOORRGS . O R G

• • • •

Increase public works funding for contractors Protect industry interests inside the Capitol Defend industry against burdensome regulations Improve California’s business climate

Your Participation is Crucial—The funds raised at this event go towards our aggressive advocacy efforts. Public funds on the state and federal level have been the contractors’ lifeline—and will continue to be so in the foreseeable future. As such, we must maintain our presence, our voice and our agenda in Sacramento and DC. Thanks to your support, UCON’s Political Advocacy event is one of the largest industry advocacy fundraisers in California, but this year we are aiming even higher, looking to once again exceed all previous fundraising goals. Will you help us get there? We invite you to join us as an auction donor, premiere sponsor, and as an attendee at the Annual Advocacy Auction. This event is your event.

The success of this event helps ensure the success of our industry.

Room Accommodations: A room block is available at the historic Claremont Hotel & Spa with a group rate of $399/night. Contact reservations at (510) 843-3000 and request the United Contractors room block.

AUCTION PREVIEW

Join us in supporting United Contractors Political Advocacy efforts:

Attend—attend the auction to bid and win! Invite other UCON members and industry affiliates to show their support.

Sponsor—Show your support with a sponsorship.

•

•

•

•

•

•

Eiffel Tower Sponsor: $7,500 – Includes 10 event registrations and full page advertisement in the Auction Event Program Arc de Triomphe Sponsor: $4,000 – Includes 6 event registrations and a half-page advertisement in the Auction Event Program Louvre Sponsor: $2,500 – Includes 2 event registrations and a quarter-page advertisement in the Auction Event Program Dinner Wine Sponsor: $2,000 – Company logo will be placed with wine at each dinner table during the event Bar Sponsor: $1,500 – Company logo on signage at bars; business card size ad in the Auction Event Program Montmartre Sponsor: $750 – Business card sized ad in the Auction Event Program

Formal Attire, Black-Tie optional.

OCTOBER 2023

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Auction Sponsors Eiffel Tower Sponsors

Bar Sponsors

Dinner Wine Sponsor

Montmartre Sponsors

Friends of United Contractors

A special thank you to Ritchie Bros., and Steve Sundberg, RDO Equipment Co. Vermeer for donating their services to our event!

Sponsors & Auction Items Previewed As-Of Publication Printing Date

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WWW.UNITEDCONTRACTORSAUCTION.COM

Lake Tahoe Tyrolean Getaway Andreini Brothers, Inc.

Family Photo Session

by Breslow Imaging Breslow Imaging

Sonoma Swirl, Sip, and Savor Gordon N. Ball, Inc.

Discover California’s Best Kept Wine Country Secret Hoseley Corporation

4 Night Stay at 8 Bar Ranch McGuire and Hester

Skincare Spa Package W. R. Forde Associates, Inc.

Pop! Fizz! Clink!

Dom Perignon with Tableside Service In Style Redgwick Construction Company

Adrenaline Junkies: A Gunship Helicopter Shooting Experience for You Pacific Boring, Inc.

Napa Valley Elite: Quail Camp Lunch & Wine Tasting with Mike Preston Preston Pipelines Infrastructure LLC

MiniMax Big Green Egg Package Woodruff-Sawyer & Co.

Tahoe Donner Golf and Ski Getaway Platinum Pipeline, Inc.

San Diego in Style: La Costa Resort, Golf and Dinner Midstate Barrier, Inc.

Glamping Getaway Leonidou & Rosin Professional Corp.

Moon Mountain Magic: Private Tour & Tasting at Repris Winery Volvo Construction Equipment & Services

49er Tickets Joseph J. Albanese, Inc.

Continued on next page

AUCTION PREVIEW

Auction Item Preview

OCTOBER 2023

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DONATE—There is still time to donate!

Thank you to all who have donated fantastic prizes to help raise funds that support our aggressive efforts on the state and federal level.

Need some donation ideas? Some of our more popular donations have included: • • • • • • • • • • • • • • • • • • • • •

Vacation trips: Hawaii, Disneyland, Mexico, etc…

Cabins and vacation homes: lake/ beach/mountain/river homes etc…

Sports tickets / luxury suites Golf outings to private golf clubs Dinner experiences at personal homes: bocce, poker parties, wine cellar Private airplane access Tickets from a major airline carrier Stylish luggage Winemaker tour & tastings One-week timeshare Hot air balloon ride Helicopter ride Mountain passes and ski / snowboarding lessons Canoe or kayaking family trip White water rafting trip Private boat cruise with cocktails Behind-the-scenes or VIP insiders tour Broadway / Off-Broadway shows Spa packages Special / Unique experiences Adventure excursions

(You can also sponsor a pre-packaged item—view them on our auction website)

Auction Item Preview 4 Sacramento Kings Tickets with Lounge Access BFBA, LLP

Beats Studio Pro Team Ghilotti, Inc.

Madonna at Chase Center The Conco Companies

Natural Blue Lapis Lazuli Jewelry Set UCON Alumni

Joie de Vivre!

A Stay at the Paris Hotel in Las Vegas Ghilotti Bros., Inc. and Chrisp Company

Automatic Espresso Machine Peterson Trucks

Go Courtside for the Golden State Warriors and Dallas Mavericks!

Platinum Pipeline, Inc.

Smokey Quartz Jewelry Set UCON Alumni

YETI Tundra Wheeled Cooler WC Maloney LLC 28

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

WWW.UNITEDCONTRACTORSAUCTION.COM

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Locations Throughout Northern California Bakersfield

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CARB

IS YOUR COMPANY READY? Upcoming CARB Regulation Requirements Contributed By Associates Environmental, UCON Regulatory Consultants

T

hree California Air Resources Board (CARB) regulations have upcoming requirements.

The Clean Truck Check, a new program, which applies to all nongasoline vehicles with GVWR greater than 14,000 lbs. has requirements that begin October 2023.

Photo courtesy Bay Cities Paving & Grading, Inc.

Fact sheets for the Clean Truck Check are available here— Clean Truck Check Fact Sheets (scan the QR Code): The Off-road Diesel Regulation, recently amended, has new requirements which begin January 1, 2024.

Fact sheets for the Off-Road Diesel Regulation are available here—Off-road Diesel Regulation Fact Sheets (scan the QR Code): The Advanced Clean Fleets Regulation, which applies to fleets with 50 or more vehicles with GVWR greater than 8,500 lbs., also has requirements begin January 1, 2024.

Fact sheets for the Advanced Clean Fleets Regulation are available here—Advanced Clean Fleets Fact Sheets (scan the QR Code): If you have any questions about what the Clean Truck Check may mean for your fleet please feel free to call or email Associates Environmental’s Drew Delaney, ddelaney@associatesenvironmental.com, (949) 322-3739. z Note: UCON’s digital edition of this October issue also provides direct links to the regulation Fact Sheets. Look for the digital version coming to your in-box mid-month.

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1:1 REGULATORY ASSISTANCE We know the regulatory burden for contractors provides incredible challenges and often feels overwhelming. United Contractors remains committed not only to advocate on behalf of the union construction industry, but to assist 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.

Associates are experts who have been involved with environmental permitting and plan writing since as early as the 1980s.

For any UCON member having questions regarding CARB, fleet compliance or stormwater retulatory matters, please contact Associates Environmental at (949) 352-4941, www.associatesenvironmental.com. Our representatives are Mike Buckantz and Drew Delaney.

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31

CARB

IN-USE OFF-ROAD DIESEL-FUELED FLEETS REGULATION Overview of Amendments

California Air Resources Board (Updated August 2023) Contributed By Robin Jackson, Western States Oil

In-Use Off-Road Diesel-Fueled Fleets Regulation takes effect 2024—Off Road Contractors must Utilize a Sustainable Source of Fuel Start 2024.

Key highlights of the amendment follows below: Part 49 of the Regulation reads: Renewable diesel, R99 or R100” means a diesel fuel substitute produced from non-petroleum renewable sources, including vegetable oils and animal fats, that meets both a) title 40, Code of Federal Regulations, Part 79

Requirements [Section 2449.1(f)] —

Beginning January 1, 2024, all California fleets subject to this regulation are required to procure and only use R99 or R100 renewable diesel fuel in all vehicles subject to the Off Road Regulation, with some limited exceptions.

Recordkeeping, Reporting, and Affirmation

[Section 2449(h)(10) and Section 2449(g)(2)(D)] Fleet owners must maintain documents that demonstrate compliance with the renewable diesel fuel requirements, including the date and volumes of fuel purchased. Records must be kept for three calendar years from the date the transaction is completed. Also, fleet owners are required to comply with all reporting requirements in the regulation, including any additional reporting requirements for exemptions, and affirm annually as, as part of the annual reporting requirements due to CARB by March 1, that they are in compliance with the renewable diesel fuel requirements and that the reported data is accurate and complete.

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Photo courtesy Duran & Venables, Inc.

Unable to Procure [Section 2449.1(f)(3)]

A fleet may be exempt from the renewable diesel fuel requirements if they are unable to procure R99 or R100 renewable diesel fuel as defined by the regulation.

However, fleet owners are required to keep records describing the normal refueling methods, their documented attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., correspondence or contractor bids).

Exemptions [Section 2449.1(f)(2)]

There are several potential exemptions to the renewable diesel requirements: Operations in Captive Attainment Areas: Any fleet or fleet portion that is designated a captive attainment area fleet is exempt from the renewable diesel fuel requirements. This includes fleets where the equipment exclusively operates in designated areas as defined under 2449(c)(6). This exemption also applies to any vehicle while operating in one of the counties listed under 2449(c)(6).

Tier 4 Final Fleets: Any fleet or fleet portion that are entirely comprised of vehicles with Tier 4 final off-road engines, model year 2010 or newer on-road engines, or zero-emission vehicles are exempt from the renewable

diesel fuel requirements. The use of renewable diesel fuel has less of an emissions reduction impact when used in engines with advanced emission control technologies, such as selective catalytic reduction and diesel particulate filters.

Cold Weather Exemptions: There are two types of low temperature exemptions that provide flexibility to mitigate potential performance issues when using renewable diesel at cold temperatures. In both cases, the temperature threshold is 20 degrees Fahrenheit (20⁰ F), and both exemptions require additional reporting.

1. Winter low temperature exemption: Any fleet, fleet portion or vehicle is exempt from the renewable diesel fuel requirements from November through February if it is located or operates in a location where the tenth percentile January low temperature is below 20⁰ F. The analysis may consider up to ten years of historic low temperature data. Historical temperature data may be found through several commercial and governmental weather programs such as the National Weather Service.

For example, if the fleet owner uses five years of recorded January low temperature data for their location, that would total 155 data points given there are 31 days in January and provided each day has one data point. The data is sorted by temperature and the tenth percentile, in this case it is the 16th data point, must be below 20⁰ F for the exemption to apply.

There are additional reporting requirements for fleets that use the winter low temperature exemption. Fleet owners must report to CARB by April 30 of the year and reports must include the fleet, fleet portion, or vehicle location, the tenth percentile low temperature used, as well as the volume of renewable diesel and conventional diesel procured during October through February. Reports may be submitted electronically to DOORS@arb. ca.gov or mailed to CARB at: OCTOBER 2023

33

CARB California Air Resources Board Mobile Source Control Division (In-Use Off-Road Diesel); P.O. Box 2815, Sacramento, CA 95812 2. Intermittent low temperature exemption: This exemption is for intermittent cold temperature events where the temperature drops or is expected to drop below 20⁰ F. This exemption allows fleets to use the appropriate cold temperature fuel when they operate vehicles in an area that does not meet the requirements of the winter cold temperature exemption (above) or if a cold weather event occurs outside of the months that the winter cold temperature exemption applies. The forecasted temperature must be within 14 days. Examples of valid weather forecasts include, but are not limited to, those made by the National Weather Service, local

PRESTONCO.COM

television or print news, The Weather Channel, and other weather apps. During these low temperature periods, any fleet or fleet portion may procure and use conventional diesel in its vehicles. Once the cold snap has passed, vehicles may use the remaining conventional diesel in the vehicle fuel tank, until the vehicle is refueled. In other words, fleet owners do not have to drain the tank. This exemption is necessary to allow fleets to use the appropriate cold temperature fuel when they operate vehicles in an area that does not meet the requirements in section 2449.1(f)(2)(C) or if a cold weather event occurs outside of the months of November, December, January, and February.

Fleet owners must report to CARB within two weeks of the last exemption date. Reports must include each day conventional diesel was used, the fleet location, the high and low temperature record, including a printout or screenshot for each day of the exemption, and provide the date and source of the temperature record. The report must also provide the volume of renewable conventional diesel fuel. Reports may be submitted electronically to DOORS@arb.ca.gov or mailed to CARB at: California Air Resources Board Mobile Source Control Division (In-Use Off-Road Diesel); P.O. Box 2815, Sacramento, CA 95812 z

Underground wet and dry utilities, cabling, signals, and lighting; soils testing, management, and disposal; and fill site management.

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Robin Jackson is Director of Sales and Technical Trainer of Renewable Diesel at Western States Oil. Contact her at rjackson@lubeoil. com, (510) 505-4647. Western States Oil is headquarters in San Jose with a warehouse in San Leandro, and a dispatch location in Long Beach. Western States Oil, a UCON member since January 2023, www.lubeoil.com.

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LEAD

BUILT ON TRUST

GO FROM A BUREAUCRACY TO A TRUSTAUCRACY

By Sue Dyer, Sudyco.com

Dear Sue, I am the Director of a public agency with 2,000 employees. There are 10 Departments that I oversee, and we have a political board I must answer to. I am really beginning to feel burned out because of the level of frustration I have trying to get things done. What can I do to become an effective leader?

— Burned Out

Dear Burned Out, You are not alone in your frustration. Many leaders feel as you do. Even leaders in large corporations can feel this way, but it is much more rampant in the public sector. You might ask yourself, why do we continuously get caught up in “red tape” and stalling? Why can’t you move things forward and get the change that you need to happen? There is just one word to explain it – FEAR.

P

ublic entities live in a political world. That world plays a zero-sum game. In this zerosum game/political world, there is little to no compromise or collaboration available. In a zerosum game, I do nothing for you unless and until you do something for me. There is a net sum or zero between us. I don’t owe you. You don’t owe me. But I suspect you. I look at every interaction with caution that you are trying to take advantage of me in some

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way. This becomes the fear based culture of the organization.

Since Fear and Trust cannot coexist. Public entities paper around fear with processes, requirements, and delays, to keep the fear at bay. This is how you create a bureaucracy. What is bureaucracy? It is defined as “excessively complicated administrative procedures.” Often bureaucracies are so complex that no one knows what to do or how to achieve what is needed. And fear breeds more fear. Decision making slows dramatically because no one wants to become a target or be wrong. Ownership of problems, or projects, or decisions become harder and harder to find.

To break a bureaucracy, you must drive out fear and build TRUST. I call this building a TRUSTAUCRACY! A Trustaucracy does not waste the resources it is given with excess requirements, but rather focuses on achieving clear objectives and goals in a timely manner.

I’ve worked with hundreds of public bureaucracies over the past 4 decades, and I’ve yet to see one that could not learn how to become more of a trustaucracy. I’ve seen some commit to transforming into a trustaucracy, at all levels, and produce consistent extraordinary results.

These trustaucracies did things like, innovating new ways to build facilities saving 40% of total costs; or forming strong partnerships between other bureaucracies to stop regular roadblocks, or creating so many new technologies that support the overall mission that they made it easier for their customers.

These public organizations are renowned and have won every award possible in their sector. Their leaders are beloved not only by the employees but also by their customers, and yes, even their political boards trust them.

How can you go from being a bureaucracy to a trustaucracy? You need to create a business operating system that builds trust and delivers results. I have a system for doing this, I call the Momentum System, or MOSY for short.

The MOMENTUM SYSTEM has 4 Steps for public sector leaders to replace their fear-based bureaucracy with a unified trustaucracy to achieve extraordinary results. The beauty of the 4 steps is that you can use them to create trust within your team, unit, department, or overall organization. No matter where you sit in your public organization you can build a Trustaucracy.

HOW CAN YOU GO FROM BEING A BUREAUCRACY TO A TRUSTAUCRACY? YOU NEED TO CREATE A BUSINESS OPERATING SYSTEM THAT BUILDS TRUST AND DELIVERS RESULTS. where each silo does its own thing and often competes for resources and accolades.

•

STEP #2: CREATE A FORUM(S) FOR COCREATION •

Your culture exists in your policies, practices, and processes. If you want to drive out fear and build trust it must start with evaluating and examining your current policies, practices, and processes to see where there are barriers to building trust.

•

Bring together all the stakeholders into a Partnering Steering Committee to co-create solutions/ innovations. This can be at the C-suite level for the overall organization, or with a project team, or between two silos or organizations. You want to offer everyone involved a voice at the table to help co-create a solution that works for everyone and supports the over arching desired outcome.

•

Formalize the results into a Decision Document/ Policy Statement that is signed by everyone including the highest-ranking people in your organization. This will shift this decision document into a policy that needs to be implemented.

STEP #1: GET ALIGNED •

•

When you water your lawn with a garden hose, the water just flows out. When you put a nozzle on the end of the hose and narrow the spray, suddenly you get enormous momentum and velocity. You still are using the same resources but now you are getting more momentum from them. The same exact thing happens in organizations. This is the nozzle effect and is what occurs when you get your team/ organization aligned.

When your organization has one clear over arching desired outcome, you now have a clear target behind which everyone can align. Without this, alignment will not happen. Especially in siloed organizations

Everyone can contribute to the extraordinary outcomes by means of creating goals all the way through the entire organization. So, each day every person is aware of how they are contributing to the over arching desired outcome.

STEP #3: IMPLEMENT ONE ISSUE, INITIATIVE, PROJECT AT A TIME •

Do the hard work (create the guidance, training, program, etc.). The magic happens when you can take the new policy that has been created and it Continued on next page OCTOBER 2023

37

gets integrated into how the organization does business. This can take the form of guidance or a set of rules on how to succeed, or training on what the new policy is and how to use it, or maybe even a new ordinance or legislation to allow for the new policy to take effect.

•

•

Pilot to show results and tweak until it produces results. Culture changes as the new high trust polices, practices, and processes are implemented into daily activities. Often, you can pilot and experiment to prove out the new policy, practice, or policy and tweak it until you optimize the results.

Roll out enterprise-wide once you can, and make sure that everyone understands the reason why this is important, and how they are important to the success of it’s implementation and to achieving the over arching desired outcome.

STEP #4: MEASURE AND MONITOR RESULTS TO GET BETTER, SMARTER, FASTER •

•

38

Measure after you’ve implemented your new policy, practice, or process to see how well it is working. Is it getting the results desired?

Measurement should not be a blame game of the people implementing the new policy, practice, or process, but how well they are able to implement it. For example, if you want to decrease the amount you pay for your construction projects, then you might measure your number of bidders and the number of potential claims. These are great indicators of what the industry thinks of you as an owner.

Monitor what is happening regularly with your Partnering Steering Committee. They can evaluate what is working, what results you are getting, and if you need to do anything more—other than celebrate. Often once you’ve made great progress a new barrier will be uncovered. You could not see it before because it was buried. Now you have the opportunity to work to overcome this barrier

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

too. This process of driving out fear and building trust, one barrier at a time is a continuous improvement process. It offers leaders and organizations a way to really solve some of the stubborn and core issues that plague them.

•

Celebrate and acknowledge those in your organization who are making things happen and championing trust building. Typically, these folks tend to advance in the organization quickly, once everyone can see how, they then know how to create extraordinary results consistently.

This is merely a brief overview of the Momentum Process. But if you want to assess the level of fear your public organization has, I’ve developed a Bureaucracy Evaluator. If anyone would like a copy, just email me at suedyer@orgmet.com and I will email it to you. This simple tool can show you where you have trust, where you have fear, and to what level.

It is based on the 10 dysfunctions of a fear-based bureaucracy.

Burned-Out, Burned-out, this could be a great tool for you to use to open up a dialogue with your leaders and board to help them see the need to make the shift from a fear based bureaucracy to a trustaucracy. z Sue Dyer, MBA, is a Master Partnering Facilitator for OrgMetrics, WSJ bestselling author and trainer on Trusted Leadership for construction leaders, and Founder of the International Partnering Institute. Send your questions for Sue to answer at suedyer@orgmet.com, (510) 504-5877.

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UP

By Angelica Gouig, Director of Events and Education

ENGAGE YOUR EMPLOYEES

UCON’s Professional Development Classes— ENGAGE, DEVELOP, RETAIN

T

13%

of employees are actively disengaged—the cost of having employees who are not engaged is equal to 18% of their annual salary. Source: Gallup

ake advantage of UCON’s Professional Development Program—there are still classes available this year! UCON’s Education team has curated classes specifically for our members.

Most classes are FREE.

WWW.UNITEDCONTRACTORS.ORG/CALENDAR

We have highlighted the 2023 October and November classes on the following pages. Give your team(s) extra tools to help them in their career, and to be more productive. To take a class/register:

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

OCTOBER COURSES: OCTOBER 5

The Lifecycle of Estimating Thursday, October 5; 2:30pm-4:30pm Instructor: Stephane McShane, Maxim Consulting Group Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE Non-member: $100

OCTOBER 10

High Impact Performance Reviews: How to Develop and Retain Talent in a Competitive Job Market Tuesday, October 10; 2:30pm-4:00pm Instructor: Eric Anderton, Construction Genius Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE | Nonmember: $100

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OCTOBER 17

How to Administer a Construction Project Tuesday, October 17; 2:30pm-4:30pm Instructor: Paul Stout, Power Summit Class Style: Virtual | Class Limit: Unlimited Cost – Member: FREE | Non-member: $100

OCTOBER 24 - SESSION 1

California Public Works Administrator Session 1: Tuesday, October 24; 1:00pm-5:00pm Session 2: Tuesday, October 31; 1:00pm-5:00pm Session 3: Tuesday, November 7; 1:00pm-5:00pm Instructor: Sarah Rolin, Contractor Compliance Solutions Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE Non-member: $100

Professional Development Oct/Nov 2023 OCTOBER 26

NOVEMBER 14

Thursday, October 26; 2:30pm-4:30pm Instructor: Elasha Racks, Dale Carnegie Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE | Non-member: $100

Tuesday, November 14; 2:30pm-4:30pm Instructor: Paul Stout, Power Summit Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE Non-member: $100

Managing Up

NOVEMBER 2

Leadership Communication Thursday, November 2; 2:30pm-4:30pm Instructor: Salvatori, Manzi Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE Non-member: $100

Project Start-Up

NOVEMBER 16 Project Closeout

Thursday, November 16; 2:30pm-4:30pm Instructor: Paul Stout, Power Summit Class Style: Virtual Class Limit: Unlimited Cost – Member: FREE Non-member: $100

OCTOBER 2023

41

UP SAVE THE DATE!

By Christine Traina, Event Manager

CRAB

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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

left chest ABOVE POCKET me yellow underbase

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THANK YOU 2023 ANNUAL SPONSORS

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43

GOLF

CLASSIC No ifs, ands, or putts about it, this year’s Sal Rubino Golf Classic was unfore-gettable. The sold-out crowd had a swinging good time on September 8 for the 33rd Annual Sal Rubino Golf Classic. With perfect weather, a great location, camaraderie, and friendly competition, the event was on par!

UCON’s guests played both courses at the newly renovated Bayonet and Black Horse Golf Club in Seaside.

Members and industry affiliates competed for the top spot in the tournament while enjoying food and fun activities throughout each course.

“Best tournament of the year! The only reason I missed one year was the birth of my son!”

— Michael Cann, Anvil Builders “This is an event that should not be missed. First class organization. First class event. Amazing people.”

— Scott Page, Knapheide Truck Equipment “Our foursome unanimously agreed it was the best construction industry golf tournament they had ever attended.”

— Paul Simpson, Simpson Garrity Innes & Jacuzzi

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Congratulations to our Tournament Winners: Black Horse Course:

Bayonet Course:

Winners:

Winners:

Longest Drive - Men: Casey Wood, Ghilotti Bros., Inc. Longest Drive - Women: Elizabeth Torrez, Tenna LLC Closest to the Pin: Bryan Bushnell, Sunbelt Rentals Marshmallow Contest: Ash Wear, CEMEX

Longest Drive - Men: Josh Ramey, Moss Adams LLP Longest Drive - Women: Danielle Spence, Moss Adams LLP Closest to the Pin: Nick Scruggs, Columbia Electric, Inc. Marshmallow Contest: Jamie Smith, Associated Traffic Safety

1st Place: Scott Groves, PACE Supply; Steve Hanak and John Preston 1st Place: Andrew Fairfield and Hank Lutz, National Trench Safety, LLC; of Ghilotti Construction Co.; and Brett Wilmes, Soiland Company Butch Fund, Teichert; Carlos Romo, Unifirst 2nd Place: Bryan Bushnell, John Means, Ray Reposa, and Chase Russel of 2nd Place: Dave Heier, Eric Quesada, Josh Ramey and Danielle Spence Sunbelt Rentals of Moss Adams LLP 3rd Place: Cameron Hoelscher, HCSS; Scott Shepherd, RJS & Associates, 3rd Place: Jordan Jaime, Systems & Space, Inc.; Tobin Moon and Inc.; Eric Sheppard, Nor Cal Pipeline Services; Casey Wood, Chris York, TYS, LLP; and Brian Schwarer, Heritage Bank of Ghilotti Bros., Inc. Commerce

OCTOBER 2023

45

“United Contractors always puts on a great event that combines customer engagement with personal & social connection opportunities that are critical to deepening the relationships we have and desire for our company’s growth opportunities. Another successful Sal Rubino.”

— Jeff Suitos, Nor-Cal Pipeline Services

Thank You to Our Event Chair and our Amazing Volunteers: Event Chair: Jason Herrera, BFBA, LLP Volunteers: Elizabeth Anderson,JHS Tax and Consulting Denise Capie, JHS Tax & Consulting Lindsey Eppler, Logoboss Travis Eppler, Logoboss Diane Fulgar, Alliant Insurance Services, Inc. Andrew Holloway, Woodruff Sawyer Glen Hungerbuhler, Mission Clay Products Jami McDermott, Meridian Camera Michael Rayon, The Construction Zone Kevin Reimers, Woodruff Sawyer Mindy Serrano, The Construction Zone Sam Serrano, The Construction Zone

Special Thank You’s:

Jason Herrera, Event Chair Bayonet & Black Horse Golf Club Breslow Imaging Construct Your Image LogoBoss The Construction Zone UCON’s 2023 Annual Sponsors (see p. 42)

46

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ASHMAN COMPANY Auctioneers and Appraisers Inc.

OCTOBER 2023

47

Photo courtesy Pacific Boring, Inc.

MEMBER ANNIVERSARIES: OCTOBER 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:

50 YEARS – 1973

39 YEARS – 1984

35 YEARS – 1988

25 YEARS – 1998

46 YEARS – 1977

Associate Members: Ferguson Waterworks Carlos Ledon

St. Francis Electric LLC Guy Smith

23 YEARS – 2000

Contractor Member: Sanco Pipelines, Inc. Dave Schrader

Contractor Member: Maggiora & Ghilotti, Inc. Gary Ghilotti

41 YEARS – 1982 Contractor Member: Pacific Boring, Inc. David Cline

Contractor Member: Ranger Pipelines, Inc. Tom Hunt

Tri-West Tractor, Inc. Randy Cram

Contractor Members: Redgwick Construction Company Bob Rahebi

34 YEARS – 1989 Associate Member: CEMEX Tony Skulick

20 YEARS – 2003

31 YEARS – 1992 29 YEARS – 1994

Contractor Members: Flatiron West, Inc. Mike Costa

Contractor Member: Lone Star Landscape, Inc. Robert Samaniego

28 YEARS – 1995

Contractor Members: O.C. Jones & Sons, Inc. Rob Layne R.J. Gordon Construction, Inc. John Johnson

27 YEARS – 1996

Contractor Member: K.J. Woods Construction Company, Inc. Kieran Woods

26 YEARS – 1997 Contractor Member: Bugler Construction Glen Bugler

Associate Member: Garrett/Mosier Insurance Paul Bland

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

Contractor Member: Mike Prlich & Sons, Inc. Mike Prlich Contractor Member: Neary Landscape, Inc. Brian Neary

Contractor Member: R & B Equipment, Inc. Rick Jeffery

48

Contractor Member: Condon-Johnson & Associates, Inc. Mike Almeida

19 YEARS – 2004

Michels Corporation, Inc. Murray Luedtke

18 YEARS – 2005 Contractor Member: Penhall Company Josh Heath

17 YEARS – 2006

Contractor Members: D & D Pipelines, Inc. Dennis McElligott WC Maloney LLC Joel Leineke Associate Members: Last & Faoro Patrick Whitehorn

15 YEARS – 2008

Contractor Member: Campanella Corporation Mike Campanella

14 YEARS – 2009

Associate Member: Patriot Risk & Insurance Services, Inc. Scott Salandi

13 YEARS – 2010

Associate Member: OSHA Training Institute Education Center at Chabot-Las Positas CCD Adlen Hosier

11 YEARS – 2012 Contractor Member: M & M Foundation & Drilling, Inc. Gregory Moeller

Associate Members: Commercial Credit Group, Inc. Don Pokorny TPR Traffic Solutions Dennis Corona

10 YEARS – 2013

F & M Bank Keary Sullivan

8 YEARS – 2015

Contractor Members: Sukut Construction LLC Steve Yurosek

6 YEARS – 2017

Contractor Members: Calstate Pipelines Inc. Adam Tovar

2 YEARS – 2021

Contractor Members: Dean Visosky Contractors Inc. Rick Visosky

Gesick Concrete, Inc. Bruce Gesick

Contractor Member: WMA Landscape Construction, Inc. Bill Ayers

4 YEARS – 2019

Contractor Member: Sheeran Pipeline, Inc. Eoin Sheeran

Hinshaw & Culbertson LLP William Bogdan

Associate Member: GHD Greg Watanabe

Contractor Members: A3 Pipeline Fernando Flores

5 YEARS – 2018

Marsh & McLennan Insurance Agency LLC Craig McCullum

Nor Cal Pipeline Services David Jaeger

Superior Pavement Markings Darren Veltz

Environmental Construction Group, Inc. Darrin McElroy

Associate Members: D’s Trucking Service, Inc. Vladimir Montelongo

Contractor Members: Garney Pacific, Inc. Bill E. Williams

Sunstate Equipment Co. JD Hale

Velarde Concrete Construction Gustavo Velarde

Associate Members: Argent Materials Inc. Bill Crotinger

9 YEARS – 2014

JMH Engineering and Construction, Inc. Matthew Lovingier

Mission Valley Kubota Tractor & Equipment Renee Trujillo

3 YEARS – 2020

Contractor Members: Avila Traffic Safety Kellie Avila Calmex Engineering, Inc. Bob Stone

Reliable Tree Experts, Inc. Brian Fenske Associate Members: Sensiba San Filippo LLP Justin Scripps SONIC.NET, LLC. Damon Calegari

1 YEAR – 2022 California Traffic Safety Inc. Hilary Sherman Hadley General Contractors, Inc. Jeff Hadley

Platinum Underground, Inc. dba Aiken Underground Manuel de Freitas Associate Members: Associates Environmental, Inc. Michael Buckantz B2W Software Victoria Garofalo

Member Satisfaction Survey Our members are our mission!

At United Contractors, we strive to meet and exceed your expectations. The only way we can gauge how we are doing is from your feedback.

Look for an email coming to your company in October. All surveys will be sent via email— Your voice truly matters.

We appreciate your continued support and thank you for your feedback. If you have any questions about this process, don’t hesitate to contact Denise Ramirez, Online Services Manager at (925) 362-7308, dramirez@unitedcontractors.org. u

OCTOBER 2023

49

UCON LEADERSHIP — 2024 BOARD ELECTIONS VOTE TODAY!

United Contractors continues a tradition of electing strong leadership by and for the membership. The UCON Board of Directors is committed to providing the highest return on your investment. In this way, the Board and Association work for YOU. It is the foundation of UCON’s success.

At UCON, our members democratically elect their Board of Directors on an open ballot.

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With the growing popularity of online voting, votes will be accepted online only again this year. In this environment, we want to make it easy for our members to cast their ballots remotely. Emails were sent out on October 1st with security login credentials to the primary contact of your organization (only one vote per company). Please VOTE! Contractor and Associate Elections are both online voting and begin October 9, 2023.

Vote today: results will be announced in November.

For more information about your future Board leadership, please get in touch with Tejel Patel, Executive Assistant to the CEO, at (925) 362-7302, tpatel@unitedcontractors.org. u

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QUALITY INTEGRITY COMMITMENT SERVICE Serving The Greater Bay Area Since 1939

Thank you to our PAC Sponsors of our 2023 UCON PAC Events in Southern and Northern CA:

_________ TRAILBLAZERS – $9,000 _________

The UCON Political Action Committee (PAC) is your PAC, and its strength is a testament to the strength and voice of union construction contractors throughout California.

The UCON PAC was built to give union contractors a voice in the state legislature, and to help make their views heard. The funds raised by the UCON PAC are used to strengthen the vital role of union contractor and union construction industry in our state’s economy and business environment by supporting candidates who support our industry and our mission.

THE UCON PAC: • Helps your political donations go further.

• Strengthens the industry’s voice.

• Expands the union construction marketshare in California.

• Builds critical relationships and support for legislators who share our mission.

The UCON-PAC takes individuals donations and pools them to advance the greater industry cause.

Our PAC is laser-focused on strategically advancing our industry causes. When you donate to the UCON PAC you’re ensuring your political dollars advance and protect your business, your industry, and your market share.

UCON hosted two successful events this 2023 year: one in Southern California in May, and another in the Northern region in July; these events raised more than $320,000 for UCON’s PAC. See pg. 23 for more information on the PAC.

52

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