PRST STD MITA, Michigan Infrastructure & Transportation Association U.S. POSTAGE P. O. Box 1640, Okemos, MI 48805-1640 PAID PERMIT #515 Lansing, MI Page 9 Page Legal: Avoid Fatal Mistakes Fatal Avoid Legal: Page 8 Page Regulations: MIOSHA Strategic Plan Strategic MIOSHA Regulations: Page 6 Page Safety: Know the Rules the Know Safety: FALL 2013 FALL √ √ Call MITA’s Benefi ts Consultant! association benefits company Authorized Administrator for the Michigan Infrastructure and Transportation Association’s Blue Cross® Blue Shield® of Michigan and Blue Care Network Health Insurance Program We’re the lightweights in our industry. And proud of it. At James Burg Trucking 14 years moving concrete products, brick, bagged cement, Company, our lightweight steel sheathing, and trench boxes efficiently throughout equipment can scale over Michigan, northern Ohio, 115,000 pounds. Which means northern Indiana,and Ontario. you could save time and money by reducing the number In fact, our on-time delivery of trips it takes for us to haul ratio exceeds 99%. So whether your job. We’ve been serving you need one truck for one load or twenty trucks for two the construction industry with weeks,call us. Because when it comes to superior customer Michigan flatbeds for over service and on-time delivery, we’re the heavyweights. On time. Time and again. Steve Burg, Dispatch 800.841.1289 James Burg, President 586.751.9000 Fax 586.751.1367 www.jbtc.net Active Associate Member of the MITA. FALL | 2013 comment 5 Executive Vice President Comment features 6 Vice President of Membership Services Comment 28 Vice President of Industry Relations Comment also in 8 MIOSHA Strategic Plan 39 MITA Calendar of Events this issue 9 Legal Issues 40 MITA Partner News 13 Letters to MITA 44 Legislative News 20 Member Profile 52 Member Voice 24 Associate Member Profile 54 Member Project Profile 30 Member News 56 ARTBA News 32 Summer Conference Sponsors 61 Bulletin Index 34 Golf Outing Sponsors 62 Ad Index 38 Where Has Your MITA Hat Been? Cover Photo: Cadillac Asphalt, LLC. For Cross-Section Magazine advertising, circulation or editorial inquiries, contact Nancy Brown at: phone: 517-347-8336; fax, 517-347-8344 ; e-mail, [email protected]; or by mail at the following mailing address: MITA, P.O. Box 1640, Okemos, Mich., 48805-1640. © 2013 Cross-Section. All rights reserved. Reprints or reproductions only with written consent of MITA. The company makes no representations or warranties of any kind regarding any benefit or service pro- vided. Any service or benefit provided in on an “as is” basis and the Company disclaims any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchant- ability, or warranties against infringement. The Company shall not be liable for any damages or losses, including indirect, consequential, special, incidental or punitive damages, lost profits, loss of programs or data, or interruption of business activity resulting or caused by the Content. The information in these materials should not replace professional advice. Company makes not legal representations and potential users of Company’s website, benefits, products or services should consult with their own leal, tax, or other professionals before adopting any benefit plan or service offered. Company products, benefits, plans or services may vary state-to-state and are subject to the requirements, terms and conditions of each respective state. All products, services, plans and benefits may not be available or recognized in all areas. 4 MITA cross-section FALL | 2013 Executive Vice President orking in the MITA 2013 BOARD OF DIRECTORS President Vice President construction DARRELL KALTZ SCOTT BAZINET industry Kaltz Excavating Co., Inc. Lowe Construction Company. W President-Elect Treasurer requires safety, regulatory, KEITH ROSE TOM WAGENMAKER legal, engineering, legisla- Rieth-Riley Construction Co. Anlaan Corporation Executive Vice President/Secretary tive and other knowledge MIKE NYSTROM that can be overwhelm- DIRECTORS BRUCE LOWING CHRIS SHEA ing to stay up-to-date on Hardman Construction, Inc. P.K. Contracting, Inc. Past President Past President throughout a busy con- KURT POLL JIM DOESCHER Kamminga & Roodvoets, Inc. Dan’s Excavating, Inc. struction season. Th at is Director at Large Director at Large where MITA can help on MIKE MALLOURE JEFF BALKEMA C.A. Hull Company, Inc. Balkema Excavating Inc. a daily basis, and through Director at Large Director at Large this quarterly magazine. STEVE MARANOWSKI MIKE PEAKE Spartan Specialties, Ltd.Director Action Traffi c Maintenance Our fall issue covers at Large Director at Large J.W. FISHER BOB ADCOCK all the aforementioned is- Fisher Contracting Company Angelo Iafrate Construction Co. Mike Nystrom sues, starting with “Know Director at Large Director at Large CHERYL HUGHES RINALDO ACCIAVATTI the Rules,” a safety article a C & D Hughes, Inc. Pamar Enterprises, Inc. page 6 written by Rob Coppersmith, our vice president of membership Director at Large Director at Large GREGG CAMPBELL JIM D’AGOSTINI services; and Pat Brown, our safety director. Th e article covers informa- Michigan Paving & Materials L. D’Agostini & Sons Director at Large Director at Large tion about new OSHA/MIOSHA standards, and a new MITA “Work BRIAN HOFFMAN ALAN SANDELL Zone Intrusion Committee.” MIOSHA’s fi ve-year plan is covered on Hoffman Bros., Inc. Cadillac Asphalt, LLC Director at Large Bituminous page 8, with details on their goals to decrease fatalities on jobsites. JEFF STOVER FRANK DIPONIO Walter Toebe Construction DiPonio Contracting, Inc. “Avoiding Fatal Mistakes…,” a legal article on page 9, written by Eric Structures Underground J. Flessland of Butzel Long, discusses an issue related to construction PAT DUNIGAN DAN BABCOCK Dunigan Bros. Inc. Give ‘Em A Brake Safety lien and payment bond claimants in Michigan. According to Flessland, Utilities Specialties “many in the industry are not taking full advantage of the Michigan con- ANGELO LANNI BRANDIE MEISNER Florence Cement M & M Excavating Company struction and payment bond laws to ensure they are fully paid for work Concrete Excavating performed and material furnished to construction projects.” ASSOCIATE MEMBER COUNCIL MANOJ MULKI BILL HODGES In the engineering arena, our vice president of industry relations, M & K Supply, LLC Michigan CAT Douglas E. Needham, P.E., discusses another payment issue on page 28, MARK MADDEN Guy, Hurley, Blaser & Heuer, LLC this one related to “Payment for Contract Revisions.” He covers a few MITA STAFF key contract elements and steps to take prior to proceeding with extra MIKE NYSTROM DANIELLE COPPERSMITH Executive Vice President Events Coordinator work on a project. [email protected] [email protected] Beginning with a Legislative Question and Answer article on page ROB COPPERSMITH TIYA KUNAIYI-AKPANAH Vice President of Membership Services Member Services Coordinator 44 with State Sen. Gretchen Whitmer (D-East Lansing), we off er sev- [email protected] [email protected] GLENN BUKOSKI, P.E. ANITA LINDSAY eral articles that update you on MITA’s legislative eff orts for the industry. Vice President of Engineering Services Online Information Coordinator MITA is not all work and no fun. Be sure to check out our calendar [email protected] [email protected] DOUGLAS E. NEEDHAM, P.E. MARY MOODY of holiday networking events on page 39, and mark your calendars for Vice President of Industry Relations Accounting Coordinator our Annual Conference January 22-24, 2014 at the Soaring Eagle in Mt. [email protected] [email protected] LANCE BINONIEMI MARIAM ROBINSON Pleasant. I hope to see you then! Vice President of Government Affairs [email protected] [email protected] Outreach Coordinator NANCY BROWN JANIS STRANG Director of Communications Executive Assistant MIKE NYSTROM [email protected] [email protected] Executive Vice President PATRICK BROWN Director of Safety & Workforce Development MITA [email protected] [email protected] FALL | 2013 MITA cross-section 5 MITA Safety News Know the Rules By Rob Coppersmith and Patrick Brown orking in the construction industry requires not only knowl- since it is unclear in many areas what rules are intended for cranes and edge of your craft but also knowledge regarding many regu- excavators. W lations contained in the numerous standards that govern our However, one area that requires some immediate attention is over- industry. Whether it is MIOSHA, OSHA, MSHA or MDOT, a contrac- head-energized power lines or what is being called the new 20’ rule, which tor and his employees have a responsibility to know the rules and how they only applies to cranes and promises to be diffi cult to comply with. Please pertain to each job at hand. Th at’s where your association can help. MITA remember that electrocutions have been one of the top four causes of death sits on many of the committees that develop these rules and regulations as for construction workers for a long time running, and cranes tend to oper- an advocate for the heavy construction industry. For the past several years ate in proximity to high voltage energy hence the 20’ rule. Part 10, Lifting and Digging has been doing a low boil and was adopted in Th e new standards off er three options for compliance; but, the reality part, but it does not take full aff ect regarding certifi ed crane operators until is you probably only have one or two for most situations. Th e fi rst op- November 10, 2017. However, that does not exempt contractors from the tion discusses deenergizing and grounding the utility along with related numerous changes that are contained within the standard. duties (good luck). Th e second says to maintain 20’ clearance at all times If you recall, OSHA sub part CC has become the new Part 10, Lift- including accessories and load, load lines, basically everything would need ing and Digging Equipment by reference or adoption.