Associated General Contractors of Virginia

Virginia AGC eBulletin

Associated General Contractors of Virginia Volume XXVII, Issue 2

February 5, 2010

AGCVA 2010 Annual Convention AGC’s 2010 Annual Convention was held at the wonderful Homestead Hotel on January 21-24. Despite the weather (snowed again on arrival days) and a challenging economy, it was a fantastic event. In fact, many attendees said that it was the best one they have ever attended. The speakers were excellent, the resort was warm, comfortable and luxurious, the competitions were “fierce”, and the parties were unbelievable. The Friday Night “Hooray for Hollywood” Party was just “fabulous” as guests were greeted by a Joan Rivers impersonator and paparazzi. And the costumes, and decorations, just added to the theme and the enjoyment. Saturday Night’s Banquet featured surprise entertainment, The Three Waiters (and a special guest), who amused and entertained attendees during dinner, and then came back for a special encore after the event which featured two songs from “Phantom of the Opera”. Just look at the photos (we hope to have many more posted on the AGC website in the next few days for downloading). A great time for all!

Kick Off Breakfast Sponsor

Barton Malow Phil Kirby

Closing Seminar Sponsor

Enterprise Fleet Management Mike Wright

Top Left: 2010 OFFICERS: Vice Chairman John Long (Lantz Construction); Immediate Past Chairman Harry Davis (Sussex Development); Chairman Richard Abidin (CMS, Inc.) and Vice Chairman Elect Stan Binsted (R.E. Lee & Son)

2009 AGCVA Membership Recruiters

ANNUAL CONVENTION

HOORAY for HOLLYWOOD

MARK YOUR CALENDAR 2011 Annual Convention

January 20-23, 2011 The Homestead Hot Springs, VA

CONVENTION SPONSORS Major Convention Sponsors Kick Off Breakfast Sponsored By:

Closing Seminar Sponsored By:

PLATINUM S.B. Ballard Construction Clancy & Theys Construction ColonialWebb Contractors W.M. Jordan Co., Inc. MEB General Contractors Sussex Development Corp.

GOLD Faulconer Construction Co. Hitt Electric Lionberger Construction Co. Swope Construction Co. Warwick Plumbing & Heating Waterfront Marine Construction

SILVER Compo Construction Company Homeland Contracting Corp. Kirby-Vass Insulation R.E. Lee & Son Lynchburg Steel Co., LLC W.F. Magann Corporation McGraw-Hill Construction Riddleberger Brothers Inc. Southern Air, Inc. Vandeventer Black LLP Virginia Drywall Inc. S.L. Williamson Co., Inc.

U O Y K N THA THE F O L L TO A SORS N Title O P S ION T N E V CON

Sponsors of the Subcontractor and Associates Reception Atlantic Constructors, Inc BB&T Insurance Services, Inc The Blue Book of Building & Construction Boxley S B Cox, Inc Domestic Fuels & Lubes of Virginia DurretteBradshaw EMC Mechanical Services D.H. Griffin Wrecking Company Hampton Roads Bonding Interlock Paving Systems, Inc Katz & Stone LLP Laughon & Johnson Inc Liberty Mutual Surety Lynchburg Ready-Mix Concrete Co McGraw-Hill Construction Morris Industries Nationwide Testing Association, Inc Sullivan Andrews & Taylor PC Tabb Brockenbrough & Ragland, LLC Taylor Johnson Group Travelers Bond Virginia School Equipment F Richard Wilton Jr Inc Wes Worsham Fire Protection LLC Yount, Hyde & Barbour PC

Champagne Toast Sponsored by Hampton Roads Bonding Bloody Marys/Mimosas Sponsored by ColonialWebb Contractors Liphart Steel Co. Gourmet Cooking Sponsored by J.E. Jamerson & Sons Ballroom Dancing Sponsored by Sussex Development Wine Tasting Sponsored by CMS, Inc. Shoe Shine Stand Sponsored by East Coast Fire Protection Convention Program Sponsored by BB&T Insurance Services, Inc. Sporting Clays Sponsored by S.B. Ballard Construction EMC Mechanical Services Liberty Mutual Surety McGraw-Hill Construction Pembroke Construction Co. Inc. Wes Worsham Fire Protection Bowling Tournament Sponsored by Cave Hill Corporation Hitt Electric Lantz Construction Co. Papco Hospitality Sponsored by DAVCON, Inc. Hirschler Fleischer McGraw-Hill Construction Red Carpet Provided by Cherry Carpet

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Virginia AGC eBulletin

LEGISLATIVE UPDATE This report is being provided as an update to the January 29 Capitol Carousel. Much is happening at the present time in the General Assembly as each legislative body rushes to consider all the proposals introduced prior to the February 17 “crossover” deadline (the deadline set for each body when they must consider only proposals approved by the other legislative body). Overall, the business community is doing well so far. With that being said, the issue facing the Commonwealth, the budget deficit, is still out there like the Sword of Damocles hanging over our heads. AGC’s lobbyists have been very successful on our behalf. Positive developments include: 

Defeat of an onerous e-verify proposal (still a few more to address). As introduced, this proposal (SB225) would have required the general contractor to be liable for the employment practices of subcontractors and suppliers on the job. The bill also included provisions contrary to federal law. One of AGC’s lobbyists helped to lead the business coalition that was so effective in opposing this measure.



Defeated proposals relating to employee misclassification. As drafted, they would have made it virtually impossible for a general contractor or a subcontractor to subcontract any work. And they included major penalties for “violations”.



You may recall that the Soil and Water Conservation Board passed onerous stormwater regulations last Fall, scheduled to go into effect on July 1, 2010 over strong objections from the business community, local public bodies and others. An agreement has been reached on legislation that will delay implementation until 280 days after the EPA study on the Chesapeake Bay (which could lead to new regulations) is released, or December 1, 2011, whichever is earliest. The thought is that this will allow sufficient time to address business and locality concerns following release of the EPA report. And it is believed that the findings in this report will provide more current information to support our position that the regs are excessive.

More details on the association’s efforts to protect your interests will follow in upcoming Capitol Carousel issues.

Time to Post the OSHA Summary It’s that time of year again, time to post your OSHA summary. The summary document, OSHA 300A, needs to be posted from February 1st till April 31st. It needs to be posted at a location where employees can view it during their normal work day. It is important that a Company Officer or Executive sign off on the summary as a certification that the document has been filled out properly.

EPA's Lead Renovation, Repair and Painting Rule-Prepare Now to Meet Upcoming Compliance Deadlines Provided by — National AGC Environmental Observer Newsletter

A whole host of training, certification and work practice requirements called for by the U.S. Environmental Protection Agency's Lead-Based Paint Renovation, Repair and Painting (RRP) Program are slated to take effect in April 2010. By that date, construction firms must apply for and receive EPA certification to disturb paint as part of their work in pre-1978 housing and child-occupied facilities. In addition, all of these jobs must be supervised by certified renovators; specifically, individuals who have completed an EPA-accredited, full-day training course. Plus, other craft workers on such jobsites must be properly trained and equipped to follow the RRP Program's lead-safe work practices when performing their assigned tasks. AGC members covered by the RRP rule should take steps now to meet the upcoming April 2010 compliance deadline. EPA's RRP Program is a federal regulatory program affecting construction firms and individual workers who disturb painted surfaces. It applies to residential houses, apartments and child-occupied facilities such as schools and day-care centers built before 1978. It includes training, certification and work practice requirements that take effect in April 2010, as well as prerenovation education requirements that are currently in effect. Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling and maintenance activities, including window replacement. Because the term "renovation" is defined so broadly, many contractors who are not generally considered "renovators," as that term is commonly used, are considered to be "renovators" under the RRP Program and must follow the rule's requirements. Training, Certification & Work Practice Requirements Take Effect April 2010! Under EPA's RRP Program, both construction firms and individual workers who perform (or direct other craft workers to perform) renovations must be certified by EPA by April 2010. In addition, all craft workers must be trained on the lead-safe work practices that they must use when performing their assigned tasks. A construction firm can become certified to perform renovations by submitting an application for firm certification and fee payment to EPA. The Agency began processing applications last October. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application. The certified construction firm is required to ensure (1) that all individuals performing activities that disturb painted surfaces on behalf of the firm are either certified renovators or have been trained by a certified renovator; (2) that a certified renovator is assigned to each renovation project; (3) that the program's recordkeeping requirements are met; and (4) that the pre-renovation educational materials are properly distributed (see below). An individual worker can become a certified renovator by successfully completing an eight-hour initial renovator training course offered by an accredited training provider. The course completion certificate serves as proof of certification. The certified individual must then complete an accredited refresher course every 5 years. (Note: Individuals with prior relevant EPA or U.S. Department of Housing and Urban Development training (e.g., certified lead abatement contractors) need only complete a refresher course.) EPA estimates that that there is an initial trainee base of approximately 250,000 renovators. EPA reports that hundreds of workers have already become EPA-certified renovators; however, EPA warns that it may be difficult to find an open course if you wait until right before the compliance deadline. The certified renovator is required to ensure that the renovation is performed in accordance with the work practice standards of the RRP Program, among other things. These requirements pertain to warning signs and work area containment, the restriction or prohibition of certain practices (e.g., high heat gun, torch, power sanding), waste handling, cleaning and post-renovation cleaning verification. EPA's rule does not require everyone involved in performing a regulated renovation project to receive training from an accredited training provider. The rule allows firms to use other workers to perform renovation activities, as long as they receive on-the-job training (OJT) in work practices from a certified renovator. Pre-renovation Education Requirements Are Currently In Effect! Currently, contractors who perform renovation, repairs and painting jobs in pre-1978 housing and child-occupied facilities must, before beginning work, provide owners, tenants and child-care facilities with a copy of EPA's lead hazard information pamphlet, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools | En Español. Contractors must document compliance with this requirement. EPA's pre-renovation disclosure form may be used for this purpose. Failure to comply with EPA's RRP Program requirements could result in penalties of up to $37,500 per day per violation. For additional information, visit EPA's web site at http://epa.gov/lead/pubs/renovation.htm or call the National Lead Information Center (NLIC) at 1(800) 424-LEAD [5323] to find out more.

LEAD PAINT REMOVAL TRAINING Friday, March 12, 2010 8:00 AM – 5:00 PM AGC Office – 11950 Nuckols Rd., Glen Allen This program is designed to meet the employee certification requirement of the new EPA regulations. Attendees will be certified at the conclusions of the class provided that they pass a written exam. Class will be taught by representatives of “The Training Network”, one of the EPA approval trainers. Cost: $300 per attendee -- AGC members only – Includes all materials, lunch and refreshments

Please Note: Class is Limited to 20 students Please register the following people for the March 12 Lead Paint Removal Training in Glen Allen. My registration payment of _______ is enclosed to cover the cost of _______attendees ($300/AGC members only) Name(s): Company: Address: City:

State:

Phone #:

Fax #:

Zip: Email:

Return to: AGC/VA, P. O. Box 5700, Glen Allen, VA 23058 or fax to (804) 364-5511 CANCELLATION POLICY: Registrations MUST be cancelled 24 hours prior to the start of any seminar to receive a refund.

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Exp Date:

Printed Name (as it appears on card): Signature

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Volume XXVII, Issue 2

Page 8

ASSOCIATION NEWS Relief for Haiti We are all heartbroken for those in need in Haiti following the devastating earthquake a few weeks ago, and many of us are wondering how best to help these folks. A suggestion. The Building Goodness Foundation, an organization formed several years ago by some AGC members in the Charlottesville area, focuses on helping the less fortunate by building lasting facilities around the western hemisphere. In fact, the Foundation has constructed several health clinics in Haiti, as well as numerous houses for the needy, in recent years. The Foundation is planning a mission to Haiti at the earliest opportunity to construct facilities that will make a difference in the long term, not just short term relief. The Foundation has a proven record of success in Haiti. How can you help? First, please consider a contribution to the Building Goodness Foundation. Second, consider volunteering for one of their trips to Haiti. The Foundation works to bring together skilled construction workers, construction materials and leadership to get the job done. For more information, please go to www.buildinggoodness.org.

INVITATION TO BID A general contractor from out of state is preparing to submit a competitive bid for the construction and renovation at the existing Gold’s Gym at Willow Lawn (Richmond, VA). Construction slated to start beginning of spring of 2010. They are seeking quotes from subcontractors.

BIDS ARE DUE: no later than Tuesday February 9th, 2010 at 12:00 Noon. Please contact Mike McKay @ 717.791.1018 if you have any questions or any interest.

UPCOMING SEMINARS & TRAINING February 23 Contract Pitfalls Glen Allen

April 22 LEED Glen Allen

March 12 Lead Paint Glen Allen

April 28 Contractor Quality Management Glen Allen

March 24 Contractor Quality Management Norfolk

May 6-7 BIM Technology (2 day program) Glen Allen

March 25 Introduction to Building Information Modeling (BIM) Glen Allen

May 7 Project Management Norfolk

March 31 Builders Risk Hazards & Controls Glen Allen April 13 Project Completion & Payment Strategies Glen Allen

May 11 Contractor Quality Management Williamsburg May 20 Leadership Development Glen Allen

AGC Management Conference AGC’s Management Conference Committee has negotiated a great package for the 2010 AGC Management Conference, a five day stay at the fabulous Paradisus Palma Real in Punta Cana in the Dominican Republic. While the resort is considered to be one of the best in the Caribbean, it offers a tremendous value as the price includes all meals, beverages (wines and mixed drinks, too), championship golf and much more. Please see flyer for details.

CONTRACT PITFALLS Tuesday, February 23, 2010 Noon – 5:00 PM AGC Office – 11950 Nuckols Rd., Glen Allen A review of A201 (General Conditions of the Contract for Construction) and A401 (Standard Form Agreement Between Contractor and Subcontractor), as well as an overview of the ConsensusDOCS. Program will include details on problem clauses and will provide suggested revisions to documents. A registration fee of $150 for AGC/VA members ($300 for non-members) will be charged to cover the cost of the facility, lunch, handout materials and refreshments. Please register the following people for the Feb 23 Contract Pitfalls Seminar in Glen Allen. My registration payment of _______ is enclosed to cover the cost of _______attendees ($150/member, $300/non-member). Name(s): Company: Address: City:

State:

Phone #:

Fax #:

Zip: Email:

Return to: AGC/VA, P. O. Box 5700, Glen Allen, VA 23058 or fax to (804) 364-5511 Visa

Mastercard

AmEx

Card #

Exp Date:

Printed Name (as it appears on card): Signature

Amount:

CANCELLATION POLICY: Registrations MUST be cancelled 24 hours prior to the start of any seminar to receive a refund.

WELCOME NEW MEMBERS New General Contactors Tidewater District

Tidewater District

W.E. Curling, Inc.

Fleet Services and Installation

4125 S. Military Hwy. Chesapeake, VA 23321 757.485.8703 Fax 757.485.9022 Contact: Bonnie Curling Specialty: Utility, Installation of natural gas line, Boring

4016 Seaboard Court Portsmouth, VA 23701 757.465.9720 Fax 757.465.9840 Contact: George Armbruster Specialty: Building, Highway www.fsandi.com

New Subcontractor Members Richmond District

Hy-Tech Property Services, Inc. 12600 Genito Road Midlothian, VA 23112 804.744.5501 Fax 804.744.5593 Contact: Jeff Davis Specialty: Parking Lot Sweeping, Landscaping, Irrigation, Paving, Sealing & Striping www.hy-techproperty.com

Roanoke District

Thompson Masonry Contractor, Inc. 807 Union Street P.O. Box 1382 Salem, VA 24153 540.389.4823 Fax 540.387.4509 Contact: Nick Thomas Specialty: Masonry Construction www.thompsonmasonry.com

New Subcontractor Members Richmond District

Austin Brockenbrough & Associates LLP 1011 Boulder Springs Drive, Suite 200 Richmond, VA 23225 804.592.3900 Fax 804.592.3901 Contact: Bruce Sadler Specialty: Consulting Engineering www.brockenbrough.com

Southside District

Scott & Stringfellow 120 Crown Drive, Suite A Danville, VA 24540 800.476.0587 Fax 434.799.1000 Contact: W. Leonard Pryor, III Specialty: Wealth Management, Wealth Acumination & Wealth Preservation