ABC CRITICAL OF SENATE DEMOCRATIC HEALTH CARE BILL-Washington, D.C.: Associated Builders and Contractors (ABC) President and CEO Kirk Pickerel today issued the following statement in reaction to the introduction of the Patient Protection and Affordable Care Act unveiled by Democrats in the U.S. Senate: “The Senate Democratic health care bill introduced by Senator Reid fails to provide the kind of reform working Americans desperately need. This bill does nothing to provide workers in the construction industry with more affordable care or increased health care options,” said Pickerel.
“Instead, it burdens small business employers with tax increases and government mandates at a time when the unemployment rate in the construction industry is already approaching 19 percent,” said Pickerel. “At a time when our industry is hemorrhaging jobs, this is not the kind of leadership we were hoping for from our elected leaders in Washington.
“To truly reform the health care system, Congress must explore every means available to help reduce costs on the American public, including medical malpractice tort reform. Congress should also consider the inclusion of Small Business Health Plans to allow workers in small
businesses and the self-employed to join together to obtain the same economies of scale, purchasing clout, and administrative efficiencies from which employees of large employers and union-sponsored plans currently benefit,” said Pickerel.
UNIONS SEEK TO INTERVENE IN ABC HEART OF AMERICA PLA LAWSUIT:The Missouri State Building and Construction Trades Council Nov. 13 filed a motion to intervene in a lawsuit filed earlier this month by the ABC Heart of America Chapter that alleged local school and ambulance districts broke a state law by requiring project labor agreements (PLA) on recent projects. The Heart of America Chapter Nov. 2 sued the Bayless School District in St. Louis and the St. Charles County Ambulance District in Cole County Circuit Court for violating the 2007 Fairness in Public Construction Act and asked that current construction projects be stopped, current contracts be invalidated and that any illegally spent state money be refunded.
The Fairness in Public Construction Act is a state law enacted in 2007 designed to maintain and promote economical, nondiscriminatory and efficient expenditures of public funds on construction projects. Specifically, the law prohibits PLAs on state-funded projects and restricts their use on projects using local tax resources. “When projects are bid using criteria designed to eliminate nonunion bidders, taxpayers get taken for a ride,” said ABC Heart of America Chapter President and CEO Jim Kistler. “The kind of cronyism that steers construction contracts to union-only contractors is discriminatory and wasteful.”
Prompting the Heart of America Chapter to sue, earlier this year, the Bayless School District imposed a PLA on project just before the end of the bidding process, causing the low bidder to be disqualified for refusing to sign the PLA and giving the project to a union contractor, even though it would have cost taxpayers an extra $20,000. The St. Charles County Ambulance District required companies to certify they were either union or willing to sign a PLA before allowing them to submit a bid. The Building and Construction Trades Council’s motion to intervene claims that the law allows the government to encourage the use of PLAs on projects as long as the general contractor is the one that actually imposes it.
“This motion suggests government officials deny taking responsibility simply by saying ‘We didn’t do it, the general contractor did it – wink, wink, nod, nod,’” said Kistler. “Missouri taxpayers cannot allow government officials to deflect their responsibility to follow the law.” The judge has issued a preliminary order in favor of the Heart of America Chapter. The defendants have until Dec. 13 to respond or the order will stand.
SPOTLIGHT ON ABC BUSINESS ALLIANCES:Nationally, over 3,000 ABC members have trusted Enterprise to manage their fleet, helping them focus on their core business. Below I have outlined five key benefits Enterprise Fleet Management provides which could improve your business:
- Acquisition: Whether GM or Ford, Enterprise and ABC negotiate yearly additional incentives lowering your vehicle prices.
- Funding: Whether you finance, lease, or buy with cash, we’ll develop a funding program that’s right for you.
- Maintenance: Last year, Enterprise Fleet Management helped ABC members save more than $5 million on maintenance and repair costs alone.
- Fuel: Our universally excepted fuel card can reduce your annual fuel spend while providing customizable reporting and controls.
- Fleet Management: Dedicated account teams administer your preferred fleet plan with a proactive approach sharing up to date best practices keeping you ahead of the game.
Enterprise has dedicated a fleet consultant to our Nebraska chapter. Our Nebraska consultant is:
Nick De Buyl, Fleet Management Division
913-522-4676 cell
913-384-7211 office
nicholas.debuyl@erac.com
BACKLOG EDGES HIGHER BUY REMAINS UNCOMFORTABLY LOW:Construction backlog rose 3.2 percent in September compared to August, but is still down compared to November 2008, according to ABC’s Nov. 16 Construction Backlog Indicator (CBI). Backlog reached 5.9 months in September from 5.68 months in August. “While the CBI edged higher in September, backlog generally remains uncomfortably small, particularly for firms in the heavy industrial category,” said Anirban Basu, ABC’s chief economist. “With the exception of firms operating in the infrastructure category, overall backlog remains weak.”
On a monthly basis, the average backlog for all regions except the South saw an increase. Middle States was the only region to post a higher backlog compared to November 2008, when ABC first started collecting data, but it still has the lowest overall backlog out of the four regions. “Although the Middle States category includes economically beleaguered states such as Michigan and Ohio, there is also a group of states that continues to enjoy low unemployment rates and more stable construction activity, including Minnesota, North Dakota and South Dakota,” said Basu.
“Privately financed construction continues to be weak, which is reflected in still stagnant backlog within the commercial and institutional, and heavy industrial categories,” said Basu. “Despite the length of infrastructure backlog, the steady decrease in this category is worrisome and may be a reflection of the post-stimulus decline in infrastructure spending due to tight private credit.” Companies with less than $30 million in revenue saw their respective backlogs increase 1.8 percent from August to September, while companies with annual revenues of $30 million to $50 million rose 13.2 percent on a monthly basis. Companies with annual revenues exceeding $100 million continue to see a decline, falling 8.2 percent in September. Companies in all revenue categories are down compared to November 2008 except those with annual revenues between $50 million and $75 million.
FREE WEBINAR WILL HELP MEMBERS BID MORE EFFECTIVELY ON GOVERNMENT PROJECTS: With billions of dollars of federal money going to stimulus-funded construction work, ABC is helping members take advantage of the increased opportunity by offering a free webinar Dec. 9, “How to Bid More Effectively on Government Construction Projects.” During the webinar, Adam Bonsky, executive vice president of government markets, and Karen deMontigny, regional sales director at Fringe Benefit Group, will discuss the best ways to address federal and state prevailing wage programs.
Attendees will learn to understand the compliance issues and regulations associated with bidding on prevailing wage projects; how to reduce payroll taxes and insurance costs on public work; how to ease bonding challenges; how to manage risk and cash flow volatility more effectively; and how to comply with the increased federal enforcement on public work. To register, visit www.abc.org/prevailingwagewebinar.
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ABC After-Hours --- No Program ? No Cost ? No Problem
ABC is hosting an After Hours Networking Event for Members and their Guests.
Sponsored by:
CONSTRUCTION LABOR CONTRACTORS (CLC)
JOHNSON DRYWALL
LUND-ROSS CONSTRUCTORS
RSC EQUIPMENT RENTAL
SPENCER, FANE, BRITT & BROWNE, LLP
WATKINS CONCRETE BLOCK
When: November 19, 2009 -- 4:30 to 7:00 p.m.Come and go as you please.
Where: D. J.’s Dugout
636 North 114th Street
(North of 114th & West Dodge)
Cost: Two Of Your Business Cards
All ABC Members and their Guests are FREE with two business cards, thanks to our Sponsors!
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Productivity Improvement Training and Construction Supervisory Training sessions presented by Doug Butler. Scroll down for more details!
DBE UPDATE: On November 5, the US Attorney for the Eastern District of New York announced a settlement with a publicly traded construction services company based upon an investigation by the Federal Construction Fraud Task Force. Under 1980 Transportation Department Rules, not less than 10% of authorized funds in federal construction grants are to be expended with minority and disadvantaged business enterprises (DBEs) under programs set up by state and local grant recipients. The construction services company in this case was alleged to have falsely and fraudulently reported that it was using certain minority and DBEs as subcontractors on city and state projects funded by the Transportation Department. In fact, according to the investigation, non-DBE subcontractors were doing the work. The amount of the settlement was $9.75 million which illustrates the magnitude of the alleged fraud. However, on any construction project where minority and DBEs are to be utilized as subcontractors, it is necessary for the general contractor to correctly report on the use of minority and DBEs. Remember, the Federal Construction Fraud Task Force is watching. By Bill Harding, Chapter Attorney
Training Classes
Management & Safety Class Schedule
NOVEMBER & DECEMBER 2009
OSHA 10 Hour Class
OSHA requires a competent person on all job sites. This course ensures that your people have the necessary training to comply with OSHA standards CFR 1926.32(f) for a competent person. Training includes OSHA Construction Standards CFR 29 1926, Scaffolds, Ladders and Stairways, Housekeeping, Personal Tools, Electrical Hazards, Fall Protection, Materials Handling, Hazardous Communications and much more!
**CFR 192 OSHA Regulations Book for the Construction Industry with new steel erection standards will be available for $25.00** each for class participants.
$135.00 each attendee – Member Price/$240.00 each attendee – Non-Member Price
¨ December 3, 2009 – 7:00 a.m. – 5:30 p.m. – KEARNEY
¨ December 10, 2009 – 7:00 a.m. – 5:30 p.m. – OMAHA
¨ December 11, 2009 – 7:00 a.m. – 5:30 p.m. – LINCOLN
30 Hour OSHA Class
Federal Law requires each company have a designated trained safety coordinator. This will give your foremen, supervisors, safety directors or safety coordinators the expertise to comply with all OSHA and State requirements. This is an in-depth look at CFR 1926 and 1920 and NE 757 as they affect construction. Price includes study materials
$395.00 each attendee – Member Price / $595.00 each attendee –Non-Member price.
¨ November 24, December 1, 8, 2009 – 7:00 – 5:30 p.m. - LINCOLN
First Aid/CPR Classes
$50.00 each attendee – Member Price/$60.00 each attendee – Non-Member
Recertification only - $40.00 each attendee – Member Price/$50.00 each attendee – Non-Member Price
¨ December 2, 2009 – 7:00 – 11:00 a.m. – KEARNEY
¨ December 8, 2009 – 7:00 – 11:00 a.m. – LINCOLN
¨ December 9, 2009 - 7:00 – 1100 a.m. – OMAHA
Forklift Training
The OSHA standard 29CFR1926.602(d)requires employees who operate forklifts be trained in both the classroom and through a practical exercise on the type of equipment that they will be running in the field.
$125.00 each attendee – Member Price/$200.00 each attendee – Non-Member Price
¨ December 16 & 17, 2009 - 7:00 a.m. – 11:00 a.m. – OMAHA
PRODUCTIVITY IMPROVEMENT TRAINING – Presented by Doug Butler
The person soon to become a supervisor or recently appointed supervisor should attend this seminar. Participants learn and practice new or additional skills to deal with everyday demands of productivity improvement. Price includes book.
$295.00 each attendee Member Price/$395.00 each attendee – Non-Member Price
¨ December 8, 2009 – 7:30 a.m. – 4:00 p.m. – COUNTRY INN & SUITES, KEARNEY, NE
¨ December 9, 2009 – 7:30 a.m. – 4:00 p.m. – MAHONEY STATE PARK
SUPERVISORY TRAINING SEMINAR – Presented by Doug Butler
The person soon to become a supervisor or recently appointed supervisor should attend this seminar. Participants learn and practice new or additional skills to deal with everyday demands of supervisory and management roles. Price includes book.
$375.00 each attendee Member Price/$525.00 each attendee – Non-Member Price
¨ December 10 & 11, 2009 – 7:30 a.m. – 4:00 p.m. – MAHONEY STATE PARK