THE FLOW. NUCANF Annual Golf Tournament Tuesday, April 1st. St. John s Golf & Country Club

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1 NUCA OF NORTH FLORIDA, INC. THE FLOW March 2014 NUCANF Annual Golf Tournament Tuesday, April 1st St. John s Golf & Country Club Cost: $125 per person Sponsorship opportunities beginning at $260 See pages 9 &10 Upcoming Events UUCF Board Meeting & Legislative Visits March 24th & 25th Tallahassee INSIDE THIS EDITION President s Message 2 Calendar of Events 3 Members meet with Jacksonville City Council President 2014 Legislative Issues 7 NUCA News 8 Heathcare Reform by Harden Golf Registration 10 Golf Sponsorships New Member CILB Update Board Member Spotlight Jarod Wolford Safety Update Seamark Mudder

2 2014 OFFICERS & BOARD OF DIRECTORS EXECUTIVE COMMITTEE President Bill Bocchino, Layne Heavy Civil President Elect Jon Woodall, John Woody, Inc. Vice President I Elliot Jones, A.J. Johns, Inc. Vice-President II Tripp Brown, Godwin Pumps Secretary/Treasurer Kim Bryan, Petticoat-Schmitt Civil Contractors Past President Mike Woodall, John Woody, Inc. General Counsel Tony Zebouni, Regan, Zebouni & Atwood BOARD OF DIRECTORS Lauren Atwell, Layne Heavy Civil William Hood III, J.B. Coxwell Contracting Mike Kivlin, John Woody, Inc. Joe Maguire, Coastal Utility Constructors Brian Pate, Petticoat-Schmitt Civil Con. Ed Porter, Barco Duval Engineering Jennifer Setzer, United Service Connection Wayne Atkinson, County Materials Corp. Josh Dyer, Staff Zone Mike Gruber, Ellis & Associates, Inc. Drew Lane, Advanced Drainage Systems Ryan Pugh, Ferguson Waterworks Robert Rowley, Fortiline Waterworks Jarod Wolford, Martin Marietta Materials Alternate Jamie Saalfield, Beard Equipment Co. PRESIDENT'S MESSAGE Where has the time gone?? As I sit here and write this month s letter it s already the end of February. My father always told me, the older you get the faster that time passes boy was he right!! I would like to update you on some of our ongoing events and issues: First, we had a very good meeting with Bill Gulliford, Jacksonville City Council President, to discuss our issues and get a feeling for where he and the council stood. We discussed the new disparity study and let him know that we would be willing to participate in any forum that he felt was appropriate when the council reviewed it. We let him know that this was a real hot button topic with us and that we only wanted to make sure that whatever came out of those discussions was fair to the whole Jacksonville contracting community. Second, he asked our opinion, as an association, on the extension of the existing gas tax. We stated that if the tax was extended and used for road and infrastructure improvements, it was something we thought our association could get behind. I am asking that all the members reach out to me and let me know your thoughts and if it is the consensus of the association I will bring it up at our next board meeting and we can perhaps draft a resolution in support and send it to Mr. Gulliford. Third, we talked extensively with him about how local preference in other communities is hurting contractors in Jacksonville when they bid out of town. After the meeting the executive committee discussed this issue and asked Tony Zuboni to draft the following letter that we sent to Mr. Guilford asking him to have the City Council support to bills in the state legislature that would at least not allow local preference for projects which were funded by state taxpayer funds. (Continued on Page 5) 2

3 2014 OFFICIAL SPONSORS CALENDAR OF EVENTS Platinum Sponsor Beard Equipment Company Gold Sponsor United Rentals Trench Safety Silver Sponsors Layne Heavy Civil Efficiency Shoring & Supply Standard Precast, Inc. Bronze Sponsors A.J. Johns, Inc. Ellis & Associates March 1st 3rd NUCA Convention Rio All Suites Hotel & Casino Las Vegas, NV March 18th Executive Committee Meeting March 20th NUCA Board Meeting 4:30 pm March 24th & 25th UUCF Tallahassee Trip April 1st Annual Golf Tournament St. Johns Golf & Country Club May 19 to 22nd NUCA Washington Summit May 29th Board of Directors 4:30 pm May 29th Jacksonville Suns 3

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5 President s Message Continued Please do not forget that the Construction Industry Days being held February 25th to 27th at the Equestrian Center. I am strongly encouraging everyone to participate and help put our industry s best foot forward to these young people. Finally, our Annual Golf Tournament is just around the corner, April 1 st, so make sure you get your sponsorship/ vendors spots before they fill up and don t forget to sign-up your foursomes. Jon Woodall has got some new twists and surprises for us and it s sure to be a great time for everyone As always, if I or the association can be of any assistance or if you have any ideas on how your association can better serve you, please do not hesitate to reach out to me. Thanks, Bill Bocchino 5

6 MEMBERS MEET WITH JACKSONVILLE CITY COUNCIL PRESIDENT Last month, members of our Board of Directors met with Jacksonville City Council President, Bill Gulliford. The meeting was to discuss construction and life quality matters involving our industry and the City of Jacksonville. We expressed our concerns to Bill regarding the Disparity Study. Bill stated that we would be invited to participate in the hearing on the disparity study. We are also looking for Bill to sponsor a resolution in the City Council expressing support for the HB 801 and SB 612 that provides a preference for Florida businesses that provide a to award contracts to qualified Florida contractors. (left to right) NUCA President Bill Bocchino, Mike Gruber, Bill Gulliford, Jennifer Setzer, Tony Zebouni & Tripp Brown. 6

7 2014 LEGISLATIVE SESSION ISSUES By R. Bruce Kershner Director of Government Relations Underground Facility Damage Prevention and Safety (SB Richter/HB Santiago) Section , F. S., allows gas utilities to declare any or all of their pipelines as high priority subsurface installations. A declaration made by a gas utility imposes a duty on any excavator to tell the gas utility exactly when excavation will begin so the gas utility can observe the excavation to protect the pipeline. Any damage to a declared high priority subsurface installation that results in death or serious bodily injury or significant property damage or interruption of service caused by certain violations of Chapter 556, F. S., is subject to a hearing before the Division of Administrative Hearings (DOAH) and the imposition of a fine up to $50,000 ($10,000 for any state agency or political subdivision). The primary purpose of the bill is to extend the high priority subsurface installation concept to all utilities with underground facilities, not just gas utilities. The bill also eliminates certain exemptions from the requirements of Chapter 556, F. S., including FDOT. Public Private Partnerships (SB - Latvala/HB 541 & HB Steube) ABC of Florida passed its landmark Public Private Partnership legislation (now F.S ) in 2013 with great support from the Legislature. The statute defines and generally lists opportunities where a PPP is appropriate. HB 541 would further expand those available benefits of PPPs to the State University System. HB 543 addresses the concern and need for a public records exemption for the submission of an unsolicited proposal. PECO Funding Alternatives (SB - Flores/HB - Hill) Florida Universities and Colleges bring in hundreds of thousands of students to our state every year. If we are going to remain competitive and continue to attract these students, we must have top notch university and college facilities. The public dollars to create and update these facilities currently come from the Public Education Capital Outlay funds a tax on phone land-lines that has all but dried up. Florida needs to commit funding to address the deferred maintenance and new infrastructure needs for Florida s public education system. Fair Competition (SB Hays/HB Fitzenhagen) Florida spends hundreds of millions of dollars every year, in partnership with local governments, to build major public works projects throughout the state. The dollars contributed come from taxpayer revenue. In recent years, however, we have seen a growing trend toward segmenting those development opportunities at the local level to companies based on their jurisdiction. If Florida is going to remain competitive for businesses and is going to be successful in attracting new businesses to the area, there needs to be a better approach to the public procurement process. This legislation would attempt to keep public procurement in Florida competitive. Reclaimed Water (SB Simpson/HB Ray) The bill would require the Department of Agriculture and Consumer Services and Department of Environmental Protection to conduct a study in cooperation with the water management districts on the expansion of the beneficial use of reclaimed water and to submit a report to the Governor, President of the Senate and Speaker of the House. Building Code Bill (HB Eagle/SB - Simpson) The bill provides additional method for local governments to provide notices to alleged code enforcement violators; requires application for operating permit before filing application for building permit for construction of public pool or bathing place; adds criteria for obtaining operating permits for public pools; specifies inspection criteria for construction or modification of manufactured buildings or modules; revises allocation of funds from building permit surcharge; authorizes building officials, local enforcement agencies and Florida Building Commission to interpret Florida Accessibility Code for Building Construction; revises procedures for obtaining building permit for public pools and bathing places; revises education and training requirements of Florida Building Code Compliance and Mitigation Program. Construction Liens (SB Simpson/HB - ) The bill increases the fee for recording a claim of lien under the Construction Lien Law; providing that recording a claim of lien after a specified time is an act of fraud; requiring certain documents to be provided before a claim of lien is recorded; requiring the clerk of court to attach such document to the claim of lien before recording the claim, etc. Growth Management (SB Detert/HB Boyd) Baby Hometown. The bill revises restrictions on an initiative or referendum process in regard to local comprehensive plan amendments. 7

8 Damage Prevention & Claims Avoidance Program The NUCA Damage Prevention and Claims Avoidance Program offers consultation on damage prevention and damage investigation free of charge to NUCA members. Further, NUCA members are provided one free hour of claims evaluation per quarter, or four hours per year. After that, members can receive the evaluation service at the discounted rate of $75 per hour. These comprehensive services are offered at this rate to NUCA members only (the standard consulting rate is $150 per hour). To Participate To participate in the NUCA Damage Prevention and Claims Avoidance Program or for more information, call Ron Peterson at Utility Consulting Professionals, LLC at (816) , or NUCA at (800) Damage Prevention Consulting Preventing damage to underground facilities starts at the very beginning of a job and does not end until the job is done. The program offers consultation on damage prevention best practices, as well as how contractors can protect themselves from liability claims even before excavation begins. This includes: Best practices in damage prevention (design phase through backfill) Pre-excavation documentation Consultation on state one-call laws 2. Damage Investigation Consulting Excavation hits often occur when underground facilities are either mismarked or not marked at all by the facility operator. Many times, however, contractors are the object of claims even if they are not responsible for the damage. In these cases, contractors need the tools to conduct a detailed damage investigation to make their case when challenging the claim. The NUCA program provides consultation on the elements of a damage investigation, including: Photography Evidence gathering Documentation Liability determination Negotiations 3. Claims Evaluation No matter how prudently a contractor strives to prevent underground facility damage, he or she will inevitably have to evaluate whether a damage claim is worth challenging. If you hit a line that was mismarked by several feet, do you challenge the claim or cut your losses and pay the bill? Some claims are several hundred pages do you have time to conduct a thorough evaluation? NUCA member Ron Peterson of Baker-Peterson will evaluate damage claims for you and help you make key decisions about how to respond. 8

9 How Healthcare Reform, The Affordable Care Act, Obamacare (or whatever you decide to call it) is re-designing the Construction Industry Regardless of political affiliation or industry sandbox you decide to play in, Healthcare Reform is (and continues) to effect us all, and the Construction industry is not immune to these changes. The Main topics I would like to cover is The New Pay or Play mandate as it applies to the number of employees you have, and whether or not you have to provide affordable Medical coverage. NEW Regulations on Pay or Play Mandate for Employers As of February 10, 2014, the US Treasury Dept. released the latest regulations on the implementation of the Employer shared responsibility provisions of the Affordable Care Act. The latest update will significantly impact employers with full-time employees and also those with 100 or more. As you may recall, there is NO mandate (for now) for Employers with 49 or less full-time employees to offer any coverage. The new regulations on the mandate will apply as follows: Employers with Full-time equivalent employees will have to start offering Medical insurance in 2016, as opposed to the previously stated Employers with 100+ Full-time equivalent employees will NOT get this same relief. Employers in this category will still have to offer Medical coverage starting in *It is important to note that Full-time equivalent refers to employees employed 30+ hours/week on average, 130 hours/ month. -For Non-Calendar year plans Employers with plan years that do not start on Jan. 1 will be able to begin this compliance with the mandate at the start of their plan years in As you are reading this article, you all are most likely thinking about how many employees you have now, how many you will have in the future, and how your wins on future jobs will determine this number. The final regulations have also created categories of employees of certain types of occupations, in order to determine how you equate your full-time headcount. The main types of employees that could apply to your headcount would be Variable Hour/Seasonal. For further interpretation of Variable Hour/Seasonal please refer to or for the latest regulations. Construction business owners already have enough on their plates that deciphering the latest and greatest regulation within the Affordable Care Act can be quite cumbersome. If you have additional questions or inquiries please don t hesitate to reach out to us: Jeremy Michaud Employee Benefits Account Director TEL FAX Riverside Avenue, Suite 1000 Jacksonville, FL NOTICE: This message is for informational purposes only, not to be considered legal advice. Insurance Risk Management Employee Benefits Financial Services 9

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12 NEW MEMBER We are pleased to welcome the following new member who recently joined our association: Rinker Concrete Pipe 5109 Santa Cruz Lane Jacksonville, FL Phone: (904) Fax: (904) Conact: Whit Hyde, Account Manager NUCA Washington Summit The 2014 Washington Summit will be held at the Holiday Inn Hotel & Suites Alexandria-Historic District in Alexandria, VA. The room rate will be $149 for single or double. Room rate includes complimentary shuttle service to and from Reagan National Airport. 12

13 CILB REPORT Prepared by: R. Bruce Kershner, UUCF Director of Government Relations Over the past several months, the Construction Industry Licensing Board (CILB) has addressed issues affecting the underground utility and excavation contractor license. The following is a summary of the status and action taken by the CILB: Grease Traps The issue was clarification regarding the licensing requirements for installing a grease trap on a commercial redevelopment site. Fred Chesney, Centerline Utilities, Inc., contacted the UUCF office after initially being told by a local south Florida Building Department that he would need a licensed plumbing contractor to install the commercial grease trap. I contacted the CILB office to get an informal opinion. The CILB office advised that they felt a licensed underground utility and excavation contractor could install the commercial grease traps. I advised Fred Chesney of the informal opinion and suggested he seek a Declaratory Statement on the issue. I also contact UUCF General Counsel George Spofford and asked him to assist Fred Chesney with drafting the petition. Once the petition for a Declaratory Statement was filed, I contacted members of the CILB board to brief them on the issue and asked for their favorable support. On November 15, 2013, the CILB met to hear the petition. After finding that Fred Chesney was substantially affected, the CILB then found that the installation of commercial grease traps were within the scope of work of an underground utility and excavation contractor. We thank Fred Chesney for bringing this issue to the attention of UUCF. The favorable outcome will be beneficial to the industry. Reclaimed Water Treatment Plants In this petition for a Declaratory Statement, the City of Port Orange asked the CILB if a certified underground utility and excavation contractor is lawfully authorized to contract with the city to perform work at a reclaimed water treatment plant. Specifically, the city asked if underground utility and excavation contractors can: a) Do bypass pumping of influent sanitary flow; b) Remove and replace above ground piping, 16" plug valves and mechanical slide with manual actuators and gates; c) Temporary underground piping for bypass pumping; d) Removal and rehabilitation of above ground concrete channels and grating, including removing fiberglass liner assembly and rehabilitation of concrete surfaces; e) Application of manufacturer certified epoxy coating to above ground concrete channels; and f) Removal and replacement of self-cleaning mechanical bar screens and accessories (i.e., float balls, electrical connections and control panels.) The CILB found a certified underground utility and excavation contractor can perform items a - e mentioned above. They further stated that a certified underground utility and excavation contractor can do f, except for conduit and electrical connections which must be subcontracted. Industrial Facility Specialty Contractor This would create a new specialty contractor license to permit contractors who specialize only in the construction of uninhabitable industrial type facilities. The issue has gone through a rule development workshop which I attended. I had concerns that the new rule, as initially drafted, would have affected certified underground utility and excavation contractors. The draft rule, 61G , would have allowed the Industrial Facility Specialty Contractors to construct water production, water treatment or other utilities. I was successful in excluding water production, treatment and utilities from the proposed rule. The proposed rule will now be noticed in the Florida Administrative Weekly, at which time a hearing can be requested. I will keep the UUCF board updated on the development of this proposed rule. 13

14 BOARD MEMBER SPOTLIGHT JAROD WOLFORD Get to know one of our new board members, Jarod Wolford from Martin Marietta Materials. Tell us about the services your company provides. Martin Marietta Aggregates is the nation s second largest producer of construction aggregates in the United States, supplying the crushed stone, sand and gravel used to build the roads, sidewalks and foundations on which we live. What is your favorite travel location? What is your business philosophy? The only way is the safest way! Change is good; don t be afraid. What are your hobbies or interests outside of work? I enjoy golfing, running and biking. I recently finished a duathlon and think this hobby could stick. I enjoy warm weather, so anywhere with a beach works for me! What are you currently reading? I am currently listening to a book on tape that I was assigned to read in college, I may have been too young at that time to appreciate the greatness of On the road by Jack Kerouac. Grill master or reservations? Reservations Satisfying the taste buds of others is a pressure like no other! 14

15 Safety and Cultural Development By Jeff Blomgren What do those two things mean to you? Safe is defined as free from damage or danger, Safety is defined as being safe. Culture is defined as improvement of the mind, manners, etc. My understanding is that the two together mean, developing a culture where employees feel safe from not only harm but from a harmful work environment. In other words, how we work with and treat each other or simply The way we do business together. Development means growth, maturing, evolution, progress, improvement. There s a lot more to safety than injury and accident prevention in my book. It s how we treat people, how we motivate, how we encourage and how we hold people accountable for their decisions. You don t get compliance by simply enforcing rules. Employees need to know that many of the rules and regulations are for their own safety. For instance, I recently had an employee tell me that they didn t want to wear safety glasses because they distort vision. Sound familiar? He is wearing them now because I was able to tell him that his blue eyes and the Florida sun are a combination that creates incidences of cataract far above the national average in workers who work outside. The cultural part of safety is making the information we give them relevant enough to cause a voluntary behavior shift. Once we have developed a working relationship with our employees and develop a feeling of trust and confidence, we are on our way to being the kind of company that people really WANT to work for because they feel safe, can grow and develop and clearly understand their purpose and contribution to the success of the company. That s Safety and Cultural Development. 15

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17 MARCH 2014 FEATURED SPONSOR EFFICIENCY SHORING & SUPPLY Efficiency Shoring & Supply - Jacksonville Branch celebrates three years as NUCA of North Florida associate members Efficiency Production, Inc., America s leading manufacturer of trench safety equipment, today announces that their Efficiency Shoring & Supply Jacksonville branch office is proud to celebrate its third anniversary as NUCA of North Florida Associate Members. Efficiency Shoring & Supply is located at 2750 Imeson Road, Jacksonville; available locally by phone at The staff at the Jacksonville Branch continues to be Mike Hemenway, Branch Manager; direct Mike Tison, Operations Manager; direct Ryan Nalls, Shoring & Shields Specialist; direct Efficiency Shoring & Supply offers a full range of trench shielding and shoring equipment, including: Steel and Aluminum Trench Shields Steel Manhole Shields Build-A-Box Aluminum Modular Trench Shielding Hydraulic Shores, Rescue Shores, Hi-Clearance Shores, and Hydraulic Aluminum Shields The branch also features FACTORY-DIRECT rental rates on Efficiency Production s PREMIER Slide Rail System, supported by the manufacturer s vaunted Special Operations Shoring Division; the nation s most experienced team of Slide Rail experts and installers. All products are P.E. certified to meet OSHA standards. Efficiency Shoring & Supply also supplies and services a full range of construction support equipment, such as: Stone Mizer Bedding Box Material Containers Porta-Tank Water-tank & Power-Spray System Road Plate Pipe Plugs Pipe Pullers Fall Protection Gas Monitors Efficiency Shoring & Supply is North Florida s complete rental resource; offering OSHA and NUCA (National Utility Contractors Association) certified trench safety/competent Person training. Additionally, ESS is supported by the nation s leading trench shielding and shoring equipment manufacturer--efficiency Production, Inc. Engineering support from EPI includes custom engineering and pre-bid CAD system drawings; special application design for highly challenging job site conditions; sales, marketing and customer service support; and on-site installation assistance from the country s foremost Slide Rail System and Trench Shielding Specialists. Efficiency Production, America s Trench Box Builder, manufactures the widest selection of standard and custom trench shielding and shoring systems. Efficiency s versatile products are designed specifically for safe and cost effective installation of utility systems and infrastructure improvements. More information can be found on the web at: 17

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