Doris Spray establishes Family Fund through KCA Foundation
KCA convention draws another record turnout
Heavy construction secures major wins in Statehouse
New law eases risks for administering Naloxone
KCA contractors join Governor to promote Work Zone Awareness
As a family-owned business spanning three generations and more than 80 years, our family’s mission and values are woven through the fabric of Kansas’ history. We’ve grown that mission from one store to 15 locations serving 144 counties with more technicians serving Kansas than any other heavy equipment dealer. While a lot has changed, Foley’s commitment to empowering the progress of our customers and the communities we serve has remained constant.
Summer 2024
Volume 4, Issue 1
Chad Girard, President APAC Kansas, Inc. - Shears Division
Josh Smith, Vice President Klaver Construction Co.
Heather Jantz, Treasurer MJE, LLC
Chris Rech, Immediate Past President A.M. Cohron & Son, Inc.
Trey Bowen, Director-at-Large Superior Bowen Asphalt Co.
Peter Clark, Aggregate & Light Type Division Bayer Construction
Shane Ham, Supplier/Service Division Foley Equipment Co., Inc.
Mike Hoffman, Grading & Railroads Division Alan’s Excavating, Inc.
Mark Lorenz, Utility Division Dondlinger & Sons
Dan Murphy, Director-at-Large Dustrol, Inc.
Travis Rose, Structures Division Bridges, Inc.
Mike Schirmer, Rigid Paving Division Koss Construction / Bettis Companies
Rocky Seybert, Flexible Paving Division Venture Corporation
Pat Short, Director-at-Large Pearson Construction
Steve Sloan, Supplier/Service Division Midwest Minerals
Michael White Executive Director mwhite@webuildkansas.com
Stephanie Mullholland Marketing & Membership Director stephanie@webuildkansas.com
Nancy Delgado Administrative Coordinator ndelgado@webuildkansas.com
Shannon McKain, former NFL cheerleader for the Kansas City Chiefs, delivered the keynote address at this year's convention. The convention drew a recordbreaking 532 attendees.
President’s Message The ROI of membership adds up
The Extra Mile A message from KCA’s Executive Director 3 4 6 8 12 16 20 22 25 24
Building a Legacy Doris Spray creates family fund through KCA Foundation
532 & Counting KCA convention draws another record turnout
Good Samaritan New law eases risks for administering Naloxone
A Heavy Lift
Heavy construction sees major wins at Statehouse
Construction Education Foundation Golf tournament raises $30k for construction students
Supreme Shift What the Chevron Ruling means for the industry
Member News Awards, national recognition, new members
Go Orange Contractors promote work zone safety
Strength is more than muscle and brawn. At The Monarch Cement Company, real strength is based on character, conviction and grit.
For more than a century, that strength has forged a solid foundation, allowing us the privilege of being a trusted partner of Kansas Contractors Association members. We’re proud to serve you and the Midwest’s heavy construction industry through the Monarch family of companies, including ready-mixed concrete, concrete products and sundry building materials.
To this day, our core beliefs are centered around the promise of “good people helping good people” – and they always will be.
BY CHAD GIRARD, APAC KANSAS-SHEARS DIVISION KCA PRESIDENT
As company leaders we're constantly evaluating our return on investment when it comes to setting spending priorities. One of the expenditures we plan for each year is the cost of membership – to belong to KCA as well as other industry organizations that serve our business interests.
We all know that a healthy ROI is important to the bottom line. But, oftentimes, it can be difficult to calculate the return on the membership groups we belong to. Your KCA board of directors takes seriously our obligation to foster an association that (1) provides you a measurable return on your investment; and (2) provides our industry a path for stabilization and growth, which ultimately benefits all of us.
Here are a few of the measurable benefits that came out of KCA membership from the past year:
$2.3 billion for transportation in the state budget, which funds KDOT projects that our companies will have the opportunity to bid on in Fiscal Year 2025;
$200 million for local infrastructure projects that our companies will be able to bid on this year;
$234.6 million in unemployment insurance debt waived for negative balance employers in the construction industry plus lower UI premium rates for all positive balance employers;
$50,500+ awarded in scholarships & internships for students working with KCA contractors;
Held the line on health insurance costs for companies who insure their employees through our Construction Industry of Kansas Plan with only a 2.9% average rate increase since 2013;
$270,000 available in reimbursements to contractors through the KCA-KDOT Construction Industry Training (CIT) program to offset expenses for employee safety & skills training;
$15 million in savings captured by contractors nationally last year through AGC's discount program on everyday purchases like fuel, tires, first-aid kits, tools and computers;
Beyond what we can measure in numbers, comes the value of belonging to a group like KCA where our fellow members "get" what we do. Even when at the table with competitors, KCA provides the outlet for each of us – as company leaders – to share common challenges and lean on each other for advice. That, along with the business partnerships and friendships formed, can't be measured.
I encourage you to take a few minutes this year to make sure you are leveraging all the benefits of KCA membership. From reimbursement for safety & skills training, to the cost savings many companies capture by handling their health insurance through our CIK program, make sure you're not leaving dollars on the table. Our team in the KCA office is always happy to walk you through what you might be missing out on and how you can take advantage of the benefits.
THE SPRAY FAMILY ENDOWED SCHOLARSHIP FUND, established by Doris Spray through the KCA Construction Education Foundation, is designated to provide scholarships for Kansas students pursuing a career in heavy construction. It is the largest gift in KCA Foundation history.
In the course of building Kansas roads, the Sprays – like many KCA contractors – have been building a legacy. Earlier this year, Doris Spray made the decision to solidify her family's legacy and their history of leadership within the Kansas Contractors Association by creating the Spray Family Endowed Scholarship Fund. The fund, established with a $500,000 gift from Doris to the KCA Construction Education Foundation, will provide scholarships annually to students who intend to work in heavy construction.
First priority will go to students enrolled in a construction science or related program at a Kansas institution who are relatives of Venture Corporation employees. Additional priority will go to students enrolled in construction science, business or finance at a Kansas institution who intend to work in heavy construction.
"Doris and her family have been an integral part of the industry's success over the years," said Michael White, executive director of the KCA. "Her husband and both of her sons have served as Presidents of the KCA, and they continue to be involved in leading the association's advocacy efforts and strategic direction. With Doris' gift - the largest gift in KCA Foundation history – the Spray family legacy will live on for many generations to come."
In 1973, Doris and her husband, the late Orville "Butch" Spray Jr., bought an existing construction company in Larned, Kansas. Doris said they renamed the company "Venture Corporation" because it was a big venture for a young couple. Butch stayed in a small bedroom above the office in Larned for several years until they moved the company and their family to Great Bend.
"It was very scary," said Doris of getting a small business off the ground. "We double mortgaged our house."
Fifty years later, the company continues to grow with the second and third generation of Sprays at the helm. Doris and Butch's sons – Kip Spray and Chris Spray –lead Venture Corporation today. Their grandson, Kameron Spray, also works for the company.
"We were born and raised in the construction business," said Kip Spray. "We were never going to do anything but build highways."
Butch served as KCA president in 1998. Kip served two terms as president (2009-2010). Chris also served two terms as president (2020-2021).
"It's still dad's company," said Chris Spray. "We're just running it."
The convention topped last year's record turnout with 532 attendees at this year's event in Overland Park. Chris Rech, A.M. Cohron & Son, presided over convention as KCA president. The line-up featured Secretary of Transportation Calvin Reed and keynote speaker, former Kansas City Chiefs cheerleader Shannon McKain Breakout sessions focused on workforce, reframing behavioral health treatments to reach construction workers, and the economic outlook for heavy construction with special guest economists from ARTBA and the WSU Center for Economic Development & Business Research. Thursday night, sponsored by Foley Equipment, featured the KCA PAC Action Auction and dinner followed by live music with Rhinestone Rodeo.
BY DUSTIN CARNEY, AIC-M, SCLA | DIRECTOR OF CLAIMS, PROPERTY & CASUALTY, THE MILLER GROUP
The number of opioid-related deaths in Kansas has jumped drastically in the last few years. In 2020, there were 255 deaths, but by 2022, that number had rocketed to 497, according to the Kansas Department of Health and Environment. With the continued rise in opioid-related overdoses, more people are likely to encounter situations where they potentially may have to assist someone who is experiencing an overdose.
The life-threatening realities surrounding the opioid epidemic raises many concerns, including how to handle an overdose in the workplace. Of course, an incident at the workplace is more relevant for the sectors that treat, house, counsel and otherwise care for people who struggle with addiction. But the prevalence of opioid abuse will undoubtedly spread into other industries, including construction and manufacturing.
Prepare now for potential overdoses
Fortunately, there is a treatment that can be administered easily and safely as a nasal spray by almost anyone and can work to undo the effects of an opioid overdose. Naloxone (more commonly known as Narcan) is a life-saving medication that can reverse an overdose from opioids, including heroin, fentanyl and prescription opioid medications, when given within a certain time frame.
National Institutes of Health report a 75 to 100% success rate when Naloxone is given correctly. As Naloxone becomes more widely available to the public, many businesses are, or maybe considering, keeping doses on-hand in the workplace. Despite the ease of use and impressive results, some businesses may still be concerned about the liability involved with administering Naloxone.
Naloxone generally has minimal side effects. Even if it is used on someone who is not experiencing an overdose, it should not cause any harm. When administered in good faith and under reasonable circumstances, those who use the nasal spray on a person they believe is experiencing an overdose should be protected by Good Samaritan laws. Every state has a Naloxone Access law that governs how the life-saving medicine can be obtained. For example, in Kansas, there is a statewide standing order from the State Health Officer that allows pharmacists to dispense Naloxone to anyone at risk or in a position to help someone at risk without a prescription.
In May, Governor Laura Kelly signed Senate Bill 419, putting a Good Samaritan law for drug overdoses in place. Good Samaritan laws are put in place to insulate individuals when providing aid to someone in distress. Other than administering a dose of Naloxone to a potential overdosing victim, examples of providing CPR or the use of an AED machine are also covered by Good Samaritan laws. In each circumstance, liability is not fully absolved if the actions of the Samaritan are reckless to the point that they make the victim’s situation worse or injure the person further.
However, if the emergency actions taken are done so in good faith and are reasonable under the circumstances, a person should be protected under the Good Samaritan Law. Additionally, it is important to make sure emergency medical professionals are notified when Naloxone is administered as the individual may need additional care.
In his blog, "Naloxone (Narcan): The Fight Against the Opioid Epidemic," The Miller Group’s Director of Safety Aaron Paris discussed the warning signs of an opioid overdose and the most common way to respond by using Naloxone. In the workplace, it
BY CAL BEYER
Ensuring comprehensive first-aid capabilities on our jobsites is paramount. One increasingly important element of this readiness is the inclusion of naloxone — a medication used to counteract opioid overdoses — in all first-aid kits. This proactive measure not only strengthens safety protocols, but also addresses the growing impact of substance use issues within our communities.
According to the Bureau of Labor Statistics (BLS), the number of overdose deaths from ingestion of substances in workplaces has increased for 10 consecutive years. In 2022, overdoses accounted for 9.5% of all occupational fatalities. With construction being the industry with the most overdose deaths, the need for naloxone in workplaces and jobsites is a growing reality.
Naloxone is an opioid antagonist that rapidly reverses the effects of opioids in cases of overdose, including slowed breathing. Its inclusion in workplace first-aid kits can be crucial in emergency situations. Benefits of integrating naloxone into workplace safety protocols include:
1. Immediate Response: Opioid overdoses can occur suddenly in any work environment. Having naloxone readily available enables swift action to save lives before professional medical assistance arrives.
2. Ease of Administration: Naloxone is available in user-friendly forms such as nasal sprays and auto-injectors, making it accessible to individuals with minimal medical training.
This year, Kansas became the 49th state to implement both a Good Samaritan and Naloxone access law
CONTINUED FROM PAGE 9
is recommended that prior to having Naloxone as an option, employees are trained and policies are put in place. The Alliance for Naloxone Safety in the Workplace has developed one such policy template. Additionally, it is recommended that an attorney assist with identifying all liability risks before activating such a policy.
The opioid epidemic presents an ongoing and formidable challenge, affecting not only those directly involved in addiction services but also others in various capacities. By ensuring that you and your employees are equipped with the necessary knowledge of Naloxone, including its administration via nasal spray and understanding the legal protections in place for
those who provide assistance, you can actively contribute to addressing the crisis.
Dustin Carney is the Director of Claims, Property & Casualty at The Miller Group and has more than 20 years of experience in the claims and insurance industry. Dustin serves as an advocate throughout the claims process for clients and works to maintain and improve claim processes. He specializes in claims litigation management, general liability claims advocacy and is a subject matter expert in large and complex property claims.
This article is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.
CONTINUED FROM PAGE 9
3. Promoting Safety Culture: Employers demonstrating a commitment to employee wellbeing by including naloxone in first-aid kits foster a culture that prioritizes health and safety.
4. Compliance with Best Practices: Incorporating naloxone aligns with recommendations from organizations like SAFE Project, which advocates for evidence-based strategies to combat opioid misuse.
Most states have allocated public funds to support naloxone distribution to public health and public safety groups, including harm reduction groups working with populations at highest risk for overdoses. Generally, most private sector businesses are placing orders for naloxone at their local pharmacy since it is available as an over-the-counter medication. Alternatively, the distributor of Narcan-brand naloxone (Emergent BioSolutions) makes it available with a minimum purchase of a case of 12 boxes of two doses each. You can send an email to narcancustomerservice@ebsi.com to discuss placing an order. Additionally, SAFE Project can also help KCA members by placing an order for bulk Narcan at a discounted price through Emergent with the same minimum order by contacting cal@safeproject.us. SAFE Project does add 10% for administrative costs.
SAFE Project’s No Shame Pledge encourages individuals to eliminate the stigma associated with seeking help for substance use disorders, emphasizing empathy and support.
By embracing the No Shame Pledge, workplaces can create environments where employees feel comfortable discussing addiction-related concerns and accessing resources for assistance. By openly supporting this initiative, employers demonstrate a commitment to:
Ending Stigma: Combatting the stigma associated with addiction and encouraging open dialogue.
Supporting Wellness: Promoting mental health and wellness in the workplace.
Encouraging Help-Seeking Behaviors: Creating an environment where individuals feel safe seeking assistance without fear of judgment or reprisal.
By implementing naloxone programs and embracing initiatives like the No Shame Pledge, employers play a vital role in fostering safer, healthier workplaces and communities. Taking action today not only enhances workplace safety but also contributes to a culture of empathy and support for those affected by substance use disorders.
Employers and industry leaders should actively embrace naloxone programs and integrate them into their workplace safety initiatives. Contractors can do this by including naloxone in their workplace first-aid kits and ensuring employees receive proper training in its administration. This proactive approach not only enhances the readiness of workplaces to respond effectively to opioid-related emergencies but also promotes a culture of safety and resilience. Naloxone is more than a medication. It is a tool for empowerment and preparedness in opioid-related crises.
Cal Beyer, CWP, serves as the Senior Director of SAFE Workplaces for the national nonprofit SAFE Project (Stop the Addiction Fatality Epidemic). Cal is a catalyst and advocate working to educate, equip and empower leaders and organizations to tackle the root causes of addiction. A sought-after speaker at industry events and a frequent speaker at KCA events, Cal contributes regularly to various industry publications. He may be reached at workplaces@safeproject.us or 651-307-7883. Visit www.safeproject.us for more information.
"This rewards companies that have positive balances and significantly lowers their unemployment premiums ... It also waives negative balances, so employers with negative balances can work on keeping their rates low."
After a one-day Special Session on June 18, Kansas lawmakers adjourned for the year. Taxes were the sticking point this session. Legislators passed three different tax relief plans during the regular and veto sessions, each of which were vetoed by Governor Kelly. Ultimately, the Governor called legislators back for a special session.
With KCA members' continued engagement in advocacy and the association's Eisenhower Fund, the heavy construction industry pulled off a heavy lift of achievements this session. At the top of the list was increased funding for transportation, protecting the highway fund from extraordinary transfers and critical modifications to the unemployment law that addressed the needs of the heavy construction industry.
Here is a recap of the major issues impacting heavy construction and transportation:
Income & Property Tax Cuts. Passed during the Special Session, Senate Bill 1 will reduce taxes by $1.231 Billion over the next three years. The bill moves the state from a three-tiered to a two-tiered system, and lowers income tax rates to 5.2% and 5.58%. Additionally, the tax package increases the standard deduction and personal exemption, eliminates the income tax on social security income, and expands the state’s child and dependent care tax credit to 50% of the federal allowance. It also exempts the first $75,000 in property taxes from the 20-mill property tax for schools.
Transportation Funding. The budget bills, Senate Bill 28 and House Bill 2551, appropriate $2.3 Billion for highway and transportation expenditures for Fiscal Year 2025. This is an increase of $71.6 million over Fiscal Year 2024; and an increase of $16.3 million above the Governor’s recommendation for Fiscal Year 2025.
Highway Fund Transfers. The State Highway Fund was again protected from Extraordinary Transfers. The Legislature approved a total of $48.54 million in Ordinary Transfers from the Highway Fund. Ordinary Transfers are for budget items permitted under law to be funded through Highway Fund dollars, such as certain expenditures for the Kansas Highway Patrol.
Local Infrastructure Project Investments. The Build Kansas Fund – that KCA proposed and the Legislature passed last session – has resulted in $58 million in matching dollars approved for 25 local infrastructure projects, and has unlocked $17 million in federal funding for these communities. In total, the Build Kansas Fund sets aside $200 million in matching dollars for local infrastructure projects, including water, transportation, energy, broadband and other priorities identified in the federal Bipartisan Infrastructure Law (BIL).
Unemployment Rate Changes, Negative Balances & Temporary Unemployment. House Bill 2570 makes significant amendments to the state’s unemployment law. As originally introduced, the bill would have
CONTINUED FROM PAGE 13
negatively impacted contractors and other Kansas employers. Specifically, the original version of HB 2570 increased the taxable wage base to 60% on all Kansas employers (both positive and negative balance employers); reduced the number of weeks for temporary unemployment from 16 weeks to 8 weeks for all employers; and required workers on temporary unemployment to search for work during the temporary layoff period in order to remain eligible for UI benefits.
KCA led a successful fight to amend the bill and worked with stakeholders to find a compromise. As amended, HB 2570: Caps the increase to the taxable wage base at 40% of the state average annual wage; Writes off 94% of all negative balance employers’ debt, giving all employers a chance to become positive balance employers by 2028; Limits temporary unemployment to 8 weeks for most employers with a carve out to allow up to 16 weeks of temporary unemployment for heavy construction contractors and ready-mix suppliers (the mass layoff system must be used to get 16 weeks); Does not require carve out employees who are on temporary unemployment to participate in a job search program; and starts new construction employers off as positive balance employers instead of automatically deeming them as negative balance employers.
The bill will reduce UI premium rates on all positive balance employers. Rates will increase for negative balance employers (where employees have received more benefits than the company has paid in). However, employers with a negative balance will have the majority of their debt forgiven as incentive to reach a positive balance over the next three years and avoid increased rates before the new rates kick in.
Workers Compensation. Senate Bill 430 was brought by the Kansas Chamber and labor unions to amend the state’s workers compensation law. Effective July 1, it provides coverage for members of the Kansas National Guard, increases the maximum benefits for injured workers and adds a cost-of-living adjustment to those caps starting in 2027. It also reduces the Social Security offset; limits the use of independent medical exams; requires parties to exchange medical records prior to a preliminary hearing; allows introduction of medical reports without taking depositions, and allows for parties to settle by written agreement rather than
through a hearing. In addition, it raises the standard of proof for future medical treatment to be covered, and puts in place a procedure to have employees examined by a neutral health care provider.
E-Verify. Last year’s budget bill included an e-verify proviso that would have required “all state agencies and contractors with the state to enroll and actively participate in e-verify for verification of employment eligibility in Fiscal Year 2025.” Similar language was added as a proviso to this year’s budget bill to encompass Fiscal Years 2026, 2027 and 2028. However, the language in the proviso contained a number of inconsistencies, including conflicting information on how subcontractors were to be handled. Budget negotiators struck the Fiscal Year 2025-2028 language in this year’s budget bill, which means the requirement will not currently be enacted for contractors or other private employers doing business with the state.
Good Samaritan Law. Kansas became the 49th state to pass a Good Samaritan Law. Senate Bill 419 provides immunity from criminal prosecution for possession of a controlled substance if a person seeks medical assistance while under the influence of a controlled substance or if a person provides medical assistance to someone who is under the influence of a controlled substance. This grants criminal liability protection for individuals or employers who administer Naloxone or other life-saving measures (such as CPR or an AED machine) in good faith to an individual experiencing an overdose. However, it should be noted the bill does not address civil liability.
Handheld Cell Phones in Construction Zones. The House overwhelming supported House Bill 2499, a bill that would have restricted drivers who are under the age of 18 from using a handheld cell phone. It also would have restricted the use of a handheld cell phone by any drivers while driving in an active school zone or construction work zone. Unfortunately, Senate leadership did not put HB 2499 up for a vote on the Senate floor, causing the bill to die this Session.
Additional Airport Pavement Funding. House Bill 2498 transfers an additional $10 million – for a total of $15 million – from the State Highway Fund to the Kansas Airport Improvement Program. This increases funding for grants to Kansas airports to maintain their runways and facilities. The majority of the additional funding is used for pavement and safety projects.
CDL Licensing for Veterans. Senate Bill 462 seeks to address labor shortages for CDL drivers and waives certain CDL testing requirements for military-trained workers. SB 462 takes into account a person’s military training, making them eligible to obtain a commercial driver’s license if they are currently licensed and have been employed within the prior 12 months in a military position requiring operation of a military vehicle equivalent to a commercial vehicle.
Medical Marijuana. A motion was made this session to pull Senate Bill 135 out of committee for a vote on the Senate floor. The bill, which would have legalized medical marjuana, received a hearing in the Senate Federal and State Affairs Committee last year but was tabled with no action taken. The motion to bring the bill to a vote on the Senate floor failed on a vote of 12-25.
HirePaths Funding. HirePaths, the career exploration program that KCA helped found, was awarded $1 million in the supplemental budget (House Bill 2551).
The funding, for Fiscal Year 2025, will come from federal Elementary & Secondary School Emergency Relief (ESSER) money and be administered through the Kansas Department of Education. HirePaths is a statewide program that encourages K-12 students to consider careers in high-demand sectors like heavy construction, and provides tools for teachers and parents to help guide students in the exploration process based on their interests and emerging skills.
Small spills of pollutants no longer have to be reported to the Kansas Department of Health and Environment under new state rules and regulations. Previous agency rules required spills of any size to be reported to the state, while the new rules set minimum quantities. Oil spills of less than 25 gallons, or liquid fertilizer spills of less than 100 gallons, no longer have to be reported unless they occur in waters of the state or occur within 90 days of each other and exceed the new limits.
Reining in Regulatory Costs on Employers. The REINS Act, House Bill 2648, is intended to rein in regulatory costs on Kansas businesses. It would generally prohibit state regulatory agencies from implementing a new regulation if implementation or compliance is estimated to cost businesses, local governments, or individuals $1 million or more during the first five years. A proposed rule or regulation with a $1+ million impact can only be enacted if ratified by the Legislature. The Governor vetoed HB 2648, however the veto was overridden by the Legislature.
The Haas & Wilkerson Insurance team –Branden Banks, Gage Zierlein, Dave Johnson and Lynn Zierlein – took the championship flight in this year's KCA Construction Education Foundation tournament at Colbert Hills. Their names have been engraved on the Kitson Cup, the trophy named in honor of Curt Kitson which commemorates tournament champions.
The sold-out scramble of 144 players raised roughly $30,000 in scholarships and internships for students pursuing careers in heavy construction. Since its founding, the Foundation has awarded more than $850,000 in support of scholarships and construction training programs.
1st Place
Haas & Wilkerson
Branden Banks
Gage Zierlein
Dave Johnson
Lynn Zierlein
2nd Place
Monarch Cement Co.
Doug Sommers
Travis Rose
Bob Johnson
Scott Willman
3rd Place
Midwest Concrete
Materials
Curt Kitson
Chris Eichman
Kelly Eichman
Roger McClellan
4th Place
Flint Hills Resources
Taylor Bessmer
Dean McDaniel
Mike Roudybush
Dave Duncan
1st Place
Pearson Construction
Rocky Cornejo
Ben Schier
Sherri Stapleton
Dean Boatright
2nd Place
BRB Contractors
Brandon Pabolo
Seth Johnson
Ken Burkhead
Dan Shively
3rd Place
Construction Anchors
Robert Drew
Chris Rech
Cooper Rech
David Seeman
4th Place
GW Van Keppel
Jason Cole
Chris Lund
TJ Penka
Brady Romine
1st Place
Bayer Construction
Randy Hattesohl
Bobby Shomper
Kolby Montrose
Jeff LeCorchick
2nd Place
Berry Tractor
Jake Zeka
Alex Gnadt
John Malone
Kevin Ziegler
3rd Place
Pearson Construction
Kirk Howie
Phil Wait
Cory Wagner
Jon Lewman
4th Place
Klaver Construction
Josh Smith
Aaron Snook
Alex Richmeier
Matt Kirkland
CLOSEST TO THE PIN ON #8
Mike Zinn
CLOSEST TO THE PIN ON #9
Cooper Rech
LONGEST PUTT
Kevin Owens
LONGEST DRIVE
Scott Willman
This year, the KCA Construction Education Foundation awarded $50,500 in scholarships to 32 students studying in a construction-related program at a Kansas institution and who intend to pursue a career in heavy construction.
The application deadline for the next round of scholarships is January 31, 2025.
Kansas Heavy Construction, based in Tonganoxie, was awarded the City Public Improvement Award by ACEC of Kansas for projects in communities of 5,000 to 19,999 population. Tom Giefer is managing member of KHC. The winning project was the 10th Street Sidewalk Expansion in Eudora. The Kansas Heavy Construction team constructed a 6 foot sidewalk along the south side of 10th Street from Church Street to Peach Street. It provides a Safe Route to School for the neighborhoods served by Eudora Elementary School. The project will also revise the FEMA FIRM floodplain map along the Eudora East Tributary with replacement of the existing 9 foot x 7 foot RCB culvert to a 12 x 12 foot RCB, alleviating flooding in the area and lowering the 100-year water surface elevation by 9 feet.
Bettis Asphalt & Construction, based in Topeka, received the ACEC award for projects in communities of 50,000+ population. Mark Bettis, Eric Bettis and Ashley Bettis are directors of the company. The recognized project was the 12th StreetGage Blvd. to Kansas Ave. project, which was funded by Shawnee County sales tax dollars. It improved a dilapidated two-lane, one-way roadway over 2.5 miles through the heart of central Topeka. Existing sidewalks were replaced with 1.5 miles of new sidewalks, over 1.5 miles of shared-use paths, a table-top intersection and one mile of bike lanes. It also included asphalt turn lanes, concrete parking, curb extensions and street lighting. The planned three-year project had all significant construction completed with 12th Street open to traffic in just over two years.
70-YEAR MEMBER (1954-2024)
King Construction Company, Inc.
50-YEAR MEMBERS (1974-2024)
BRB Contractors Inc.
Malm Construction Company Herzog Contracting Corp.
40-YEAR MEMBERS (1984-2024)
J&R Sand Company, Inc.
Superior Bowen Asphalt Co.
25-YEAR MEMBER (1999-2024)
Commercial Contractors Equipment, Inc.
BY PRIANKA SHARMA
Earlier this year, we were awaiting a decision in a Supreme Court case that could shape the future of federal regulations. Well, the wait is over. In a huge shift, the Supreme Court in Loper Bright Enterprises v. Raimondo overturned the long-standing Chevron doctrine.
Federal agencies derive much of their power from interpreting and implementing laws passed by Congress. Named for a 1984 case, Chevron allowed agencies to interpret uncertain provisions in those laws using a two-part test: (1) determine whether Congress has already spoken on the issue; and (2) if not, decide if the statute is ambiguous or silent, and therefore open to reasonable interpretation. While supporters argued that Chevron provided necessary flexibility and applied expertise to policymaking, critics claimed it gave federal agencies too much power, leading to overreach and inconsistent enforcement.
Many have asked how this new ruling will alter the regulatory landscape for transportation construction. The implications could be significant, but far from instantaneous. The ruling mainly applies to new regulations agencies try to implement and those currently being challenged in courts on the basis of statutory interpretation. Final federal rules beyond the statute of limitations for facial challenge are unlikely to be reopened solely based on this decision.
As new and challenged rules work their way through the process, courts will no longer have to apply Chevron and its strong deference to federal agency interpretations. Judges will now scrutinize agency actions more closely using other legal tests with stricter requirements. The courts must ensure that agency policies align strictly with statutory authority.
Detailed explanations and justifications for rules: Courts will not automatically accept
agency interpretations, meaning agencies must be more careful and thorough in their rulemaking.
Consistent interpretations of laws: Frequent changes in policy or interpretation will be less likely to hold up in court, leading to more stability in regulatory policy. In other words, less “pendulum swinging” depending on who’s in office.
Agencies must demonstrate why their interpretations are necessary and valid: This includes showing how their rules align with the law and presenting strong arguments for their policies.
Fewer rules that appear to push a particular political agenda: Any new regulations will need strong, well-documented justifications to pass judicial scrutiny.
Increased legal challenges: With courts now playing a more significant role in interpreting laws, we might see an increase in litigation, and more cases centered around an agency’s interpretations of the law.
Potential for more non-regulatory actions: Agencies may attempt to regulate using methods other than notice and comment rulemaking such as memoranda, guidance documents etc.
Long term, we hope to see these new legal parameters ease the regulatory burden on our members as they seek to build projects safely, efficiently and cost-effectively.
Prianka Sharma is ARTBA vice president and counsel for regulatory affairs. Prianka may be reached at psharma@artba.org.
Contractors and suppliers from across the state participated in Pittsburg State University's annual Construction Expo. The event is an opportunity to showcase heavy construction careers and connect with high school and PSU students interested in the construction industry. KCA hosted a booth in the expo along with several KCA members, including Walters Morgan Construction, BRB Contractors, Bettis Companies, Murphy Tractor, APAC Kansas-Shears, The Monarch Cement Company, CDL Electric and Dondlinger & Sons.
District
$1.5-$3m
$3M+
District
$1.5-$3m -
$3M+
District 3
$3M+
District 4
Under $1.5M - Heck & Wicker
$1.5-$3m - Bridges, Inc.
$3M+ - Bettis Asphalt & Construction
District 5
Nearly 260 contractors, KDOT employees and engineers gathered in Manhattan in February for this year's Partnering Conference. Bettis Asphalt & Construction and District Four’s Garnett Construction Office was awarded Statewide Project of the Year for their collaboration on Project #59-30 KA-6579-01.
$1.5-$3m - Wildcat Construction Co.
$3M+ - Bob Bergkamp Construction Co.
District 6
$3M+ - Venture Corporation
Dirk Riniker, President and CEO of Ebert Construction in Wamego, passed away June 9. He worked as a heavy construction equipment operator for Bayer Construction, Midwest Construction and eventually Ebert Construction where he worked his way up to serving as President and CEO. He was a stockholder with his wife Becky, until his retirement. Dirk served on the KCA Board of Directors from 2014 to 2019 and was a past chairman of the Grading & Railroad Division. He is also past president of the Kansas Land Improvement Contractors and past president and regional director of the National Land Improvement Contractors of America.
Trident Construction
Drill seeding, hydroseeding, sod & erosion control
Hutchinson, KS | (620) 669-7189
John Bornholdt - john@tridentconstructionks.com
Classic Motor Freight
Hauling of powdered cement, fly ash and lime Kansas City, KS | (913) 541-9093
Sara Warren - sara@hit-inc.net
Echo GPR Services
Subsurface locating & deeper utility locating Olathe, KS | (913) 879-2200
Mark DeSchepper - mark@echogpr.com
Great Plains Brokerage
Investment management & insurance products
Lamar, CO | (719) 336-9363
Debra May - deb@thegreatplainsltd.com
Rinker Materials
Concrete pipe, box culvert & precast products
Independence, MO | (816) 796-3344
Karl Beckemeier - karl.beckemeier@rinkerpipe.com
W.R. Meadows
Crackseal supplier & building materials
Abilene, KS | (785) 249-9895
Dave Keener - dkeener@wrmeadows.com
An APAC KansasShears Division project earned the 2023 Sheldon G. Hayes Award – the top paving award from the National Asphalt Pavement Association. The award recognizes the Kansas Department of Transportation I-70 asphalt improvement project in Gove County.
“This award acknowledges what we Kansans have always known: Kansas contractors are second to none,” said Calvin Reed, KDOT Secretary. “It is the result of exceptional collaboration between Kansas-based industry partners and KDOT who completed the I-70 project with a high degree of skill and attention to detail.”
Chad Girard, APAC Kansas-Shears Division, was elected president of the KCA during the association's annual meeting in January. Josh Smith, Klaver Construction Co., was elected Vice President and Heather Jantz, MJE LLC, was elected Treasurer.
The membership also elected two new board members: Dan Murphy of Dustrol, Inc. to a three-year term as director-at-large and Mark Lorenz of Dondlinger & Sons to a three-year term as utility division director. In May, the KCA board appointed Mike Schirmer of Koss Construction & Bettis Companies to fulfill a vacant seat on the board as rigid paving division director.
Foley Equipment has hired Melissa Allison as Chief People Officer. Allison joins the company's executive team, overseeing HR, recruitment, training and organizational development, and administrative support across Foley’s 15 locations. She most recently served as Human Resources Director at Honeynell FM&T and in executive HR roles at Olin Winchester Corp., Northrop Grumma, and Tension Envelope.
Christina Rodden has joined HUB International Limited as Surety Practice Leader. HUB is based in Kansas City. She most recently served as Managing Director of Contract Surety for Travelers. Christina holds a bachelor's degree in business administration from K-State.
Pearson Construction, based in Wichita, has acquired Concrete Materials Company, the ready-mix division of Cornejo & Sons, a subsidiary of Summit Materials. CMC will be rebranded as Pearson Ready Mix.
“This is a great addition to the Pearson team, and we’re very excited about the addition of 90 highly skilled, highly experienced employees,” said Kurt Cornejo, owner and president of Pearson Construction. “This addition allows us to expand our portfolio of services offered to our customers.”
This acquisition brings Pearson’s construction employee count to 500. The company has divisions in underground utilities, earthwork, commercial preservation, demolition, and heavy highway construction, including asphalt and concrete paving services.
The Monarch Cement Co. in Humboldt and Evergy recently broke ground on an innovative solar project that is set to serve as a model for the cement industry’s adoption of renewable energy.
The new facility aims to generate 20 megawatts of electricity and is designed to supply approximately 20 percent of Monarch’s annual power from solar (35 million kWh). The solar project is scheduled for completion in April 2025.
“In this groundbreaking venture, we are making a giant movement toward achieving our sustainability goals, being socially responsible, and providing a more than significant return on investment to our shareholders,” said Kent Webber, President of Monarch.
Kathy Pine, owner of Pine Landscape Center, was named 2024 winner of the Women-Owned Business Foundation Impact Award by Lawrence Business magazine. Kathy was recognized for her volunteer time and support of community organizations, including Veritas Christian School, Lawrence Humane Society, Just Food and the Douglas County Fair. Pine Landscape Center was also recognized as a Foundation Award winner for its continued growth, which included expanding their workforce over the past year.
KCA joined Governor Laura Kelly, KDOT Secretary Calvin Reed and industry partners from the Kansas Turnpike Authority and Kansas Highway Patrol at the Capitol in March to shine the light on work zone safety concerns. The Governor also signed a proclamation recognizing National Work Zone Awareness Week. KCA President Chad Girard (APAC Kansas-Shears) and Vice President Josh Smith (Klaver Construction) represented contractors at the signing.
Each year, we recognize contractors for their commitment to safety on the jobsite in five categories based on total hours worked.
CATEGORY 1 B&B Bridge Company, St. Paul, KS
CATEGORY 2 BRB Contractors, Topeka, KS
CATEGORY 3 Sporer Land Development, Oakley, KS
CATEGORY 4 Bettis Asphalt & Construction, Topeka, KS
CATEGORY 5 APAC Kansas-Shears, Hutchinson, KS
PERFECT SAFETY RECORD IN 2023:
APAC Kansas-Shears
B&B Bridge Company
Bettis Asphalt & Construction
BRB Contractors
Cooper Construction Co.
Klaver Construction Co.
Martin Outdoor Enterprises
Shilling Construction Co.
Sporer Land Development
Superior Bowen Asphalt
“What counts is not necessarily the size of the dog in the fight. It’s the size of the fight in the dog.”
– PRESIDENT EISENHOWER
BY MICHAEL WHITE KCA EXECUTIVE DIRECTOR
Just as President Eisenhower fought for passage of the Federal Highway Act, our industry has fought for generations to preserve and grow our state’s transportation system.
There's a lot at stake in this election. With an election upon us, our success as an industry rests with having legislators who understand the value of transportation and are willing to invest in our state's infrastructure needs. In August and November, every state Senate and House seat is on the ballot.
Over the past year, discussions have resurfaced at the Statehouse on ways to artificially restrict state revenues. Depending on how this election goes, there will be increased pressure on lawmakers to pass legislation similar to the TABOR law in Colorado that has severely hampered their transportation investments. If Kansas were to move in that same direction, it would almost assuredly divert Highway Fund dollars year after year to make up for shortfalls in other areas of the budget, and ultimately threaten the state’s investment in transportation – the very industry that drives economic growth and prosperity.
Even when we are outnumbered, we won't be outworked.
In past years, revenue restrictions that were championed by other policy organizations caused larger cuts to transportation than any other
industry. But because of your engagement and support of KCA’s Eisenhower Fund, we successfully charted a better course. That is evident in the legislative wins we continue to achieve (see page 12 for a list of this year's wins). Chief among those wins has been passing a 10-year transportation plan, securing funding for IKE and local infrastructure projects, and halting the damage of extraordinary transfers from the Highway Fund.
With your engagement, we can keep up the fight for transportation and economic growth. KCA members have long valued the importance of being engaged in the political and legislative process. And, lawmakers recognize that. Together, and with the advent of our Eisenhower Fund, we have solidified KCA's position as one of the most influential voices in the Statehouse.
Our efforts can’t stop there. We must stay the course in order to secure continued funding for the IKE Plan and protect long-term funding for transportation as motor fuels revenues change and TABOR-like policies emerge at the Statehouse. So, I ask for your continued engagement – by voting, encouraging your employees to vote, getting to know your legislators, and considering a contribution to KCA's Eisenhower Fund.
With 31 locations offering a full complement of equipment, parts inventory, service technicians and field service capabilities - We are ready to serve you!
