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Wells Fargo Insurance Services of West Virginia, Inc. One Hillcrest Drive, East Charleston, WV 25311−1697 304−346−0611
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Insurance products are offered through non-bank insurance agency affiliates of Wells Fargo & Company and are underwritten by unaffiliated insurance companies, with the exception of crop and flood insurance. Crop and flood insurance may be underwritten by Wells Fargo Insurance Services of West Virginia, Inc.’s affiliate, Rural Community Insurance Company. © 2012 Wells Fargo Insurance Services of West Virginia, Inc. All rights reserved. July / August 2012 Official Publication — CONTRACTORS ASSOCIATION OF WEST VIRGINIA VOL. 75 NO. 4 For 75 years, "The Voice of Construction in the Mountain State"
Officers CONTENTS *President B. Lee Snyder *Senior Vice President Cover Story: Phillip L. Weser *Vice President Daniel B. Flesher 2011-2012 CAWV President Gene Thompson: Treasurer Dan Cooperrider Taking care of business ...... 6 Secretary C. R. Neighborgall IV Features: *Immediate Past President Gene E. Thompson 2012-2013 CAWV Officers and Directors ...... 10 Directors CAWV Annual Meeting attendees hear about the Douglas P. Meeks Scott Pierson importance of a “Personal Touch” ...... 12 Roger W. Thomas AGC National Directors Background and criminal checks: Knowing where Art King your employees stand...... 30 Charles R. Neighborgall III Robert O. Orders Robert O. Orders Jr. Richard C. Smailes Construction briefs...... 32 ARTBA National Directors New members...... 39 Leo A. Vecellio Jr. Chairman, Asphalt Advertisers ...... 46 Pavement Association Ed Phares Chairman, Building Division Jamie B. Ridgeway Chairman, Highway/Heavy Division Nathaniel R. Orders On the cover Chairman, Utilities Division Michael Gianni 2011-2012 CAWV President Gene *Chairman, Associate Thompson, Ahern, a division of Kokosing Division Gregory A. Burton Construction Company, South Charleston, Vice Chairman, Associate spent his year steadfastly protecting the Division construction industry. His drive and Philip Browne determination for taking care of business Past President Directors translated into long hours at the West Virginia David B. Alvarez James E. Brown Legislature and in committee meetings. West John S. Casto Virginias for Better Transportation, the Rodney W. Clay CAWV/WVDOH Joint Cooperative J. Steven Cvechko James W. Dailey II Committee, efforts with West Virginia’s U.S. Art King Senators and Representatives and over two Jack B. Lively decades worth of roads a bridges bear James Mattingly Charles R. Neighborgall III witness to his tenacity. For more on the Robert O. Orders outgoing president, see page 6. Cover photo Robert O. Orders Jr. Richard C. Smailes by Pat McDonald. John H. Strickland Ronald B. Snyder Ronnie E. Spradling Gary D. Young The Contractors Association of West Virginia is a nonprofit trade organization representing the Staff building, highway, heavy and utility contracting industries in West Virginia. Its services include Executive Director establishment of a close working liaison with state and federal agencies; worthwhile educational and Michael L. Clowser informational programs; the regular dissemination of pertinent information to its members; strong Director of Member Services legislative and media relations; as well as all other activities deemed necessary and proper to promote Patrick E. McDonald the general welfare of the construction industry. The CAWV is a certified chapter of the Associated Director of Administration General Contractors of America and the American Road and Transportation Builders Association. Wendy M. Long Communications Manager West Virginia Construction News, the official publication of the CAWV since 1937, is published Lindsay C. Stephens bimonthly. Advertising and editorial deadlines are on the first of the month preceding the month of Staff Assistant Cheryl R. Clark publication. Material may be reprinted only with the permission of the editor. Advertising and editorial offices are at 2114 Kanawha Boulevard, East, Charleston, WV 25311, telephone (304) 342-1166, Fax Executive Director Asphalt Pavement Association (304) 342-1074, Web Site www.cawv.org, Email: [email protected]. Yearly subscription rate to CAWV Patrick M. Parsons members, $7; non-members, $8; single copies, $1.50. Office Manager Asphalt Pavement Association MICHAEL L. CLOWSER LINDSAY C. STEPHENS Alice H. George EDITOR ASSISTANT EDITOR . *Executive Committee 91 he CAWV’s 2011-2012 President GENE THOMPSON Gene Thompson’s drive for “no Tnonsense business” was learned 2011-2012 CAWV PRESIDENT the hard way at the beginning of his career, but it is a lesson he recounts TAKING CARE OF BUSINESS as one of his most memorable. “In 1981 I was asked to run a $25 million methanol plant foundation project in East Malaysia,” he said. “The project manager had gotten sick while at home and I was supposed to start the job up from scratch until they could get a replacement. I never got replaced. I was 27 years old and running a $25 million project in the middle of nowhere with about 100 workers. I got the job done and made money. I learned quickly how to get things done; I had to, there was no other choice.”
The New Orleans native brought his determination for a job well done to West Virginia in 1988. Recommended by a recruiter, Thompson moved to the Mountain State, for what he expected to be a temporary assignment.
“On one particularly difficult day, the phone rang and it was Jim Ahern offering me a job in West Virginia working with him at Danis Industries,” he said. “I was supposed to spend two years in West Virginia and then transfer to Florida. Before the two years came, Danis shut down their highway construction division. In 1990, we started Ahern & Associates.
“I read blueprints, not balance sheets,” he said. “I started as a field guy, and spent most of my career working as a superintendent and foreman. I spent most days on a job site wearing a nail bag. When you do something yourself, with your hands, you really know it. You know how long The CAWV’s 2011-2012 President is an expert at taking care of business. Gene it takes, how much it costs and what it Thompson, vice president of Ahern, a division of Kokosing Construction really takes to get a job done.” Company, South Charleston, has always been driven by the satisfaction of getting a job done. Roads and bridges throughout West Virginia bear his mark Thompson cites his hands on of excellence, and now CAWV does too. Thompson approached his job as experience as the extra edge that took leader of the state’s largest construction industry with an unparalleled tenacity his career to the next level. Although for taking care of business. Whether on a jobsite, in the office, or representing he didn’t realize it at the time, his the construction industry at the state Capitol, Thompson never lost sight of his direct construction experience shaped goals. Thompson is pictured standing on the Keyser-McCoole Bridge. The $23 him into the business man, industry million bridge replaces the aging Memorial Bridge and connects West Virginia leader and company mentor that he is with Maryland. today. 6 July / August 2012 As leader of the state’s largest construction trade association, President Thompson just wrapped up a very busy year. Members saw him at nearly every association function, many legislative meetings and hearings, press releases, committee meetings and receptions. Thompson’s tenacity for representing the construction industry served to protect it from several overly burdensome regulations and nurture the industry’s fragile recovery.
“My first visit with the West Virginia Legislature was in 1993,” he said. “A big group of CAWV members visited the state capitol and put nickels on our lapels. We were successful in getting CAWV President Gene Thompson, Ahern, a Division of Kokosing, flanked by Charleston Mayor Danny a nickel gas tax passed that year Jones (left) and SBA Executive Director Dr. Mark Manchin (right), told reporters in August 2011 that the because of the participation of Charleston Metro Statistical Area experienced the fifth highest growth in the nation - 2,300 jobs between association members.” July 2010 and July 2011, a 15 percent increase. The press conference was held in conjunction with the Associated General Contractors (AGC) of America. Experiencing the first-hand impact The President explained that industry not sure if I accomplished anything, that participation can have, President jobs are down 20 percent from their but I may have helped prevent Thompson worked hard to get peak in 2006 of 40,000 and told something from being enacted that members to take part in association legislators that transportation funding would have hurt our businesses.” functions. He made many personal equals high quality jobs that support a phone calls urging members to attend lot of people. Thompson’s experience The 2011-2012 President’s West Virginians for Better Trans- reinforced his belief that the CAWV accomplishments were significant portation’s inaugural “Transportation and its members need to be very indeed, despite his modest account. Day at the Capitol.” That event involved in the political process. Thompson made sure that lawmakers brought over 200 coalition members understood the level of economic together in bright yellow safety vests “Success takes time,” he said. “If we impact construction has on the state. to communicate to legislators that aren’t involved with the political He met with Senate leadership “Roads = Jobs.” The goal of the event process, we may get run over by it. I’m including President Jeff Kessler, was to make sure legislators recognized that additional highway funding is needed and that the historic funding streams are deteriorating.
Thompson testified before a joint meeting of the House and Senate Transportation committees, telling them about the impact that funding highways has on the economy, and explaining the trickle down of funds spent on construction through the community.
“Revenue enhancement is critical and very challenging,” Thompson told legislators during Transportation Day. “Money spent on construction impacts the entire economy. Engineers, contractors, material Representative Shelley Moore Capito, R-WV, listens intently as President Thompson discusses highway funding. Thompson, who was very politically active on the federal and state level, led a delegation to suppliers, equipment dealers, and Washington, D.C. in May. Rep. Capito discussed the progress being made on a new federal highway bill, professional services such as banks, water and sewer funding, and regulations that are impacting construction. President Thompson also insurance agencies and lawyers all thanked Rep. Capito for voting to repeal the 3% withholding mandate on all construction contracts, which depend on construction activity.” would have been detrimental for business. CONSTRUCTION NEWS 7 made goods in all public works projects.
“Who doesn’t want to buy American,” he asked. “Unfortunately, the reality of a broad mandate to use only American-made products in public construction is that it could be economically unfeasible or administratively unworkable. It could take a lot of money that state agencies, county commissions, boards of education, park boards and cities don’t have.”
Thompson’s dedicated representation at the Legislature was coupled throughout his presidency with promoting the economic recovery of the construction industry. Right after taking office in July 2011, he was given good news, as the Associated General Contractors (AGC) of America issued a press release showing that West Virginia’s Charleston Metro President Thompson watches as 2011 scholarship receipient Christopher Robertson gives an acceptance Statistical Area was ranked 5th speech during the State Meeting held during Expo. Thompson serves as chair of the association’s nationwide for job growth. The state Scholarship Foundation, a position he holds dear. The Foundation visits universities throughout the state has remained in the top 10 for job and educates students on the job possibilities available in the construction industry. The Foundation encourages students to apply for the scholarship and interviews applicants before selecting winners. growth throughout the year. At a press conference held at the newly Finance Committee Chairman Roman The Governor was joined by Senate constructed West Side Elementary Prezioso and Transportation and President Kessler, House Speaker School, Thompson’s elation was Infrastructure Chairman Bob Beach, Thompson and Transportation matched with trepidation, as he encouraging them to support funding Secretary Paul Mattox in announcing communicated the fragile nature of the for the State Road Fund and other the commission. Comprised of state industry’s job growth. transportation programs. He also met officials, members from statewide with the Senate’s counterparts in the constituency groups, representatives “One of the main reasons construction House of Delegates: Speaker Rick of counties and municipalities, employment is growing in Charleston Thompson, Finance Chairman Harry members of the legislature and is because of public sector Keith White and Roads and citizens, the group will report their investments that are being made at Transportation Chair Margaret findings – including suggested funding the local, state and federal levels. Staggers. sources – to the legislature in While the structures these new February. construction workers build are sturdy, “I had fun representing the the jobs they have are still fragile,” construction industry at the “The Blue Ribbon Highway Thompson warned. “With federal, legislature,” he said. “I realized there Commission is, in part, the result of state and local budgets tight and are some good people there, and the efforts of West Virginians for Better growing tighter, there will be a lot of some “good intentioned people” who Transportation and CAWV members temptation to cut investments in may not understand what it takes to during the last legislative session,” public buildings and infrastructure. run a business.” Thompson said. “It is encouraging to That is something we must avoid see movement on such a large and because it will put people out of work, With Kokosing’s $24 million Nitro-St. critical issue.” hurt our economy and cost taxpayers Albans bridge project underway in the more in the long term.” background, Thompson watched as Movement on transportation funding Governor Earl Ray Tomblin announced solutions was not the President’s only Thompson faces the impact of an the formation of a Blue Ribbon accomplishment. He spent countless ailing economy frequently as he Highway Commission developed to hours at the Capitol during the promotes the CAWV’s scholarship study the condition and needs of the legislative session on a bill that would program. As CAWV Scholarship state’s transportation system. have mandated the use of American Foundation Chairman, Thompson has
8 July / August 2012 traveled to schools and met with members an opportunity to work known each other through the CAWV students pursuing careers in the through the issues, build rapport and for many years. construction industry for many years. grow professionally." “I’ve gotten to know Lee much better “I hear way too often from college As Thompson took care of CAWV over the past 5-6 years as we have students that they would like to stay in association business and construction served on the Board of Directors,” West Virginia but they don’t see any business, his wife, Donna, made sure Thompson said. “He will be a great work available for them,” he said. he was always ready for action. president.” “Hardly any of the graduating students expect jobs in West Virginia. I would “I couldn’t have done this without “Gene’s act will be a tough one to like to see more scholarship recipients Donna,” he said. “There were many follow,” Snyder stated. “But I am become members or employees of nights where I’d come in the door and excited to lead the association and members, and I hope we have helped be home just long enough to eat and focus on how personal outreach can some of them find work in the state change. She would have dinner and a make a big difference to our industry.” construction industry.” suit ready. Donna has always understood the demands of the Thompson may not have meant to put Thompson started working with the industry and has been supportive and down roots in West Virginia, but his Scholarship Foundation as a way to sympathetic to that. She grew up presence has forever changed the get involved in the industry and scout around the industry because her father construction industry. From bridges out new talent for the company. His was a contractor. In fact, she got me and roadways throughout the state early experience evolved into my first job in the industry, pushing a that bear witness to his tenacity, to job something so much more tangible. georgia buggy full of concrete.” growth in the construction industry Thompson has served as Foundation and the start of new funding streams Chairman for many years, spending Thompson’s work and business for highway construction, Thompson countless hours visiting universities experience led him to find a kindred spent his 2011-2012 term taking care and promoting the industry to spirit in 2012-2013 CAWV President of business. students. Lee Snyder, Snyder Environmental Services, Kearneysville. The two have By Lindsay Stephens “I really enjoy meeting students and discussing real world opportunities with them,” Thompson said. “Our goal is to reach out to needy kids and help to keep them in the state and the construction industry. It is a lot of fun to go into a class room and talk about the types of jobs available for them in construction, and the real world application of the things they are learning.”
Within the CAWV, Thompson’s goal was to be active in the committees. He worked diligently to reenergize the association’s Joint Cooperative Committee with the WV Division of Highways, attended many sub- committee meetings and encouraged others to do the same.
“When I was coming up in the industry, the Joint Cooperative Committee served a mutual benefit to the Division of Highways and contractors,” he said. “We reconfigured the committee and subcommittee structure to streamline Thompson led the association through a productive legislative session with the help and support of his the activities and to more efficiently wife, Donna. “I could never have done this without her,” the outgoing president said. As the daughter of address the issues that come before a contractor, Donna understands the demands of the industry. She was frequently seen at Thompson’s the group. This will give committee speeches, making appearances to support her husband’s efforts in leading the industry.
CONSTRUCTION NEWS 9 2012-2013 OFFICERS
CAWV PRESIDENT
B. LEE SNYDER President Snyder Environmental Services
PHILLIP L. WESER DANIEL B. FLESHER DAN COOPERRIDER C. R. NEIGHBORGALL IV President and CEO President President President March-Westin Company, Inc. Trimble Engineers & Constructors, Inc. Oldcastle, Mid-Atlantic Division The Neighborgall Construction Co. Senior Vice President Vice President Treasurer Secretary
10 July / August 2012 DIRECTORS AND DIVISION CHAIRMEN
Gene Thompson Leo A. Vecellio Jr. Richard C. Smailes Art King Charles R. Neighborgall III Vice President President President President Chairman Ahern, a division of Vecellio & Grogan, Inc. FAMCO, Inc. Kanawha Stone Co., Inc. The Neighborgall Const. Co. Kokosing Construction ARTBA National Director AGC National Director AGC National Director AGC National Director Immediate Past President
Robert O. Orders Sr. Robert O. Orders Jr. Scott Pierson Roger Thomas Douglas P. Meeks Chairman CEO President Area Manager President and CEO Orders Construction Co. Orders Construction Co. Pipe Plus, Inc. Kelly Paving, Inc. Brewer & Company of WV AGC National Director AGC National Director Director Director Director
Nathaniel R. Orders Michael Gianni Jamie B. Ridgeway Gregory A. Burton Philip Browne President President VP of Operations President President Orders Construction Co. The James White Const. Co. March-Westin Company, Inc. BrickStreet Insurance Rumble Ready Mix Chairman Chairman Chairman Chairman Vice Chairman Highway Division Utility Division Building Division Associate Division Associate Division
CONSTRUCTION NEWS 11 ImportanceAnnual Meeting attendees of a hear“Personal about the Touch”
ctivism and construction go Members at the General Business “The Supreme Court’s ruling on hand in hand, as CAWV Session heard a lively political analysis health care will be used by President Amembers well know. The nearly from Nathan Gonzales, deputy editor Barack Obama’s re-election 350 members attending the Annual of The Rothenberg Political Report, campaign as leverage, but Meeting, held July 12-15 at The Washington, D.C. Gonzales, who Republican’s will make it a tax issue,” Greenbrier, were reminded just how worked for CNN.com and as an Gonzales said. “Democrats will be closely the two are entwined. associate producer for CNN’s Capitol relentless in their use of Social Members received insight into the Gang, covered the presidential Security and Medicare to drive a upcoming election cycle, an update on politics, U.S. House, U.S. Senate and wedge between voters and how the Associated General gubernatorial campaigns. Republicans.” Contractors (AGC) of America has influenced regulations, insight into the West Virginia Department of Transportation from Transportation Secretary Paul A. Mattox Jr., and information about the power and importance of a personal touch in business.
Governor Earl Ray Tomblin helped to kick-off the meeting by attending the Welcome Night Reception. He thanked members for their work in employing West Virginians and building the state’s infrastructure.
“This is not the same West Virginia as it was 25 years ago,” the governor said. “We are working to be business friendly and we want to work with you.”
The governor met many association members, discussed the efforts his administration is making in moving the state forward, and encouraged CAWV Nathan Gonzales, deputy editor of The Rothenburg Political Report, shared his insights into the upcoming election season with CAWV members attending the Annual Meeting, held July 12-15 at The Greenbrier. members to keep up the good work in Gonzales explained how each political party would use the Supreme Court’s ruling on health care to their creating jobs and building the state’s advantage, reviewed key U.S. Senate and House races, and discussed the impact of job numbers on the infrastructure. presidential election. 12 July / August 2012 Gonzales, who is a contributing writer for Roll Call, a Capitol Hill newspaper, explained that 60% of the nation’s voters believe the United States is on the wrong track, but that voters don’t really know Republican presidential candidate Mitt Romney.
“The White House will be arguing a “look at what we inherited” stance, which people will likely concede, but voters want to see some progress being made,” he said. “The President needs to convince voters that we are headed in the right direction, or convince them that Romney is not a suitable alternative. The more focus that President Obama’s campaign can put on Romney, the better chance he will have for another four years in office,” the political analyst opined. “The Republican vice presidential candidate won’t be a game changer, because it is unlikely Romney will take West Virginia’s Governor Earl Ray Tomblin thanked CAWV members for their work in employing West a big risk. He will most likely choose a Virginians and building the state’s infrastructure during the Welcome Night Reception. plain vanilla candidate.” upcoming presidential debates have importance to this election,” he said. Gonzales, who has worked with ABC, the biggest potential to define the “Politicians will be trying to make a CNN, MSNBC and Fox News Channel, election. distinction between how the economy discussed the pros and cons of is doing versus how people feel about several potential vice presidential “Job numbers are announced every how the economy is doing. The 2012 nominees, but told members that the Friday, and they are of fundamental election is closely divided and no party is expected to blow the other out.”
The U.S. House of Representatives has 435 members, of which 241 are Republicans and 191 are Democrats (there are three vacancies). According to Gonzales, 75 of the seats have a potential to flip and Democrats must gain 25 seats to regain control of the House.
“Republicans have advantages in most of the races as a result of redistricting,” he explained, stating it is a chaotic process, but one that is very important politically. “The bottom line is that Democrats will gain some seats, but not enough to take control of the Chamber.”
The U.S. Senate, however, remains undecided. The 100 member Senate is currently comprised of 51 Democrats, 47 Republicans and 2 Independents. Joseph H. Jarboe, AGC President and senior vice president of Clark Construction Company, discussed Gonzales explained the impact that the collaborative and interactive nature of the current technologies including Building Information Modeling the presidential election will have on (BIM), LEAN Construction, Civil Information Modeling (CIM) and ConsensusDOCs. He also shared with members the importance that personal relationships have in the construction industry. the leadership of the Senate chamber, noting that Republicans need three or CONSTRUCTION NEWS 13 four seats to have a majority, with the improving opportunities for members Jarboe, whose company performed vice president determining the leading by expanding their business acumen, $4.5 billion of work in 2010, discussed party. encouraging better communication the collaborative and interactive across the industry, and promoting nature of the current technologies “The key in any election is how it is tools that are crucial to competing including Building Information framed versus what voters are looking among a new generation of Modeling (BIM), LEAN Construction, at,” he stated. “In West Virginia, contractors. The theme is no better Civil Information Modeling (CIM) and Democratic Senator Joe Manchin will embodied than in the political arena. ConsensusDOCs. have to redefine himself apart from the national Democrats. His race will have “AGC is championing the use of “AGC goes to great lengths to connect to be a popularity contest not a common sense,” he said. “We are people with information and education partisan contest.” encouraging legislators not to make opportunities,” he said. “The regulations that hurt the economy convenience of emerging technology The political landscape of the states is without benefiting the environment. can lull us into thinking that personal being boiled down to “no spending Personal connections are more contact is not that important. versus vital projects,” according to important than ever,” he said, Personal connection is more important Gonzales. He described the electoral encouraging members to become than ever.” as “brutal” and said he was not engaged, contribute to political action optimistic that the partisan nature in committees and vote. Members attending the General Congress will improve. Business Session learned from Jarboe The building contractor noted that the the impact that personal connections “People say that they want their industry is in the middle of "one of the have made on his business. congressional representatives to work most significant transformations ever,” together,” Gonzales said, “but they stating, “successful contractors will be “Get out there,” he said. “Learn from really mean “get what I want done.” the ones that are willing to embrace others. Technology makes Once an elected official in Washington technology; accept new ways of doing construction more productive, but it is compromises, they are immediately business; and most importantly, build also forcing the industry to become challenged by their own party.” strong connections with a range of technologically savvy. To be people -- and not just subcontractors successful, contractors must embrace Gonzales stated that he doesn’t -- but architects, owners, and technology and build relationships, expect anything “of substance” to be regulators." because the selection process is accomplished in the Lame Duck session, even though Republicans have more votes in the House. Members enjoyed his analysis and a lively question and answer session followed his presentation.
Joseph H. Jarboe, president of the Associated General Contractors (AGC) of America and senior vice president of Clark Construction Group, Bethesda, Maryland, told members how AGC affects change by being very active in politics.
“AGC has had great success at the national level with business regulations,” Jarboe said. “AGC and its chapters were instrumental in getting the 3% withholding requirement repealed, the CARB Diesel emissions rescinded and the U.S. EPA’s mud rule delayed. All of these regulations would have had a terrible impact on the construction industry.” Ed Treadway, Pounding Mill Quarry Corporation, left, accepted a plaque from West Virginia Crushed Aggregates Council Chairman Doug Canterbury, Boxley, commending his dedicated service to the council. Treadway served as chair of the Crushed Aggregates Council from its formation in 1999 to 2011. Jarboe’s presidential theme of “Building Connections” is aimed at 14 July / August 2012 Tripp and Nikki Dailey join Margo and Andy Teeter Greg and Diana Hadjis take a moment to pose for Phil Browne and Rhonda Evans enjoy their time at during the Early Bird Reception. a photo. The Greenbrier.
Jane and Carl Belt enjoy the Welcome Night Bo Sweeney, Mary Prim, C.R. Neighborgall, Terri Chris and Jim Tressell participate in the Welcome Reception. Binkoski and Mike Gianni socialize during the Night Reception. reception.
Travis and Scarlett Hill join Diane and Jim Dailey. Keith and Summer May enjoy the reception held Dan and Cathy Cooperrider join Willie Crane. on the first night of the Annual Meeting.
Paul and Christie Calvert enjoy the Annual Meeting. Elyse, Cathy and Matt Campbell enjoy the Pam and Jim Bossio join Christy and Jim Goff and Welcome Night Reception. Ralph and Gwen Hamilton.
CONSTRUCTION NEWS 15 potentially changing the landscape of West Virginia’s Legislature,” Cooperrider said. “Of the 16 Senate candidates endorsed by HUB/PAC, 15 won their primary races. In the House, all but 9 of the 77 candidates endorsed won their primary election.”
Cooperrider encouraged association members to contribute to HUB/PAC and to visit and contact their Delegates and Senators when the time arises.
After learning about changes in the make-up of the Legislature, members heard about a change in leadership of the West Virginia Crushed Aggregates CAWV Public Relations Chair Carrie Haynes introduced a new initiative to increase the visibility of contractors by partnering with the Division of Motor Vehicles to issue a “Hard at Work” license plate. Council. A presentation of a service commendation was made to Ed becoming so much more are beyond our control, but for others Treadway, Pounding Mill Quarry sophisticated.” we have a choice to voice our opinion Corporation, who led the group for 12 and influence change.” years. New Chair Doug Canterbury, The AGC President praised the CAWV Boxley, thanked Treadway for his for its leadership on the national level, Jarboe was followed by Dan service. saying that AGC represents the entire Cooperrider, chair of the CAWV’s construction community in HUB/PAC and president of Oldcastle “When the West Virginia Crushed Washington, D.C. Mid-Atlantic Division, who provided Aggregates Council was formed in insight into the upcoming election 1999, the focus was on safety and “Contractors are optimists in nature,” “Seventeen Senators and 100 health, environmental enhancements, he stated. “There are many issues that Delegates will be elected in November, government and public affairs,”
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CONSTRUCTION NEWS 17 Canterbury said. “The council quickly became involved in many issues including the quarry bill, severance tax, trucking regulations and air quality issues. With the leadership and guidance of Ed Treadway, the aggregate industry had a voice in discussions with local, state and national officials.”
Treadway accepted a plaque from Canterbury commending his dedicated service to the West Virginia Members attending the CAWV Building Division meeting received updates on the task forces of the Joint Crushed Aggregates Council. Architects Committee. Efforts are underway with the State Purchasing Division, West Virginia National Guard and the School Building Authority to improve bidding procedures, streamline contract requirements The visibility of CAWV members’ and evaluate required documentation. relationships were highlighted by CAWV Public Relations Chair Carrie Haynes, ACCAD Corporation, who unveiled a new Division of Motor Vehicles - issued “Hard at Work” license plate.
“Our members are our greatest advertising tool and our missions are best served by strength in numbers,” she said. “Each “Hard at Work” logo advertises our commitment to the association and the industry. When members faithfully utilize the resources of other members through sub- contracts and purchases from Utility Division members received an update on activities of the West Virginia Infrastructure and Jobs associate members, we show non- Development Council, West Virginia Department of Environmental Protection, Water Development members the importance of Authority and USDA Rural Utilities Service. The group also discussed the Buy American Act, which is currently being studied by a legislative committee. “belonging” to our association. The more members we attract, the stronger
2012 CAWV ANNUAL MEETING SPONSORS
Welcome Night Reception Sponsors Lanham O’Dell & Company United Bank Asphalt Materials, Inc. Logan Corporation Walker Machinery Company Baker Truck Equipment Martin Marietta Aggregates Wells Fargo Insurance Services BB&T Carson Insurance Mary K. Prim, Attorney at Law White Planning Group Blackwell and Company Matson Machinery Company Williamson Shriver Architects Bowles Rice McDavid Graff & Love Mead Hunt Boxley Mountain State Insurance Services Golf Tournament Sponsors BrickStreet Insurance Oliver Fuels and Oils, Inc. Brewer & Company of West Virginia Brown Edwards & Company, LLP Palmer Engineering BB&T Carson Insurance Central Supply Company Permatile Concrete Products Company Brown Edwards & Company Chapman Printing Company Petroleum Products Charleston Steel Company, Inc. Cleveland Brothers Pounding Mill Quarry Corporation Ferro Products Corporation Daniels Law Firm Robinson & McElwee, PLLC Johnstone & Gabhart Dyno Nobel Rollins, Cleavenger & Rollins Rish Equipment Company E.L. Robinson Engineering, Inc. Rudd Equipment Company Triton Construction Company Essroc Ready Mix Sauls Seismic, Inc. Tri-State Roofing and Sheet Metal Co. Ferro Products Corporation Shamblin Stone, Inc. United Bank Friedlander Company State Equipment, Inc. Wells Fargo Insurance Services Godwin Pumps of America Steptoe & Johnson, PLLC Greer Industries, Inc. The C.I. Thornburg Company Trap Tournament Sponsors Jackson Kelly, PLLC Thrasher Engineering, Inc. Heeter Construction Company Johnstone & Gabhart TRC Engineers, Inc. Walker Machinery Company Kay Casto & Chaney Triad Engineering, Inc. Worldwide Equipment Company
18 July / August 2012 CAWV members prepare to hit the greens for the Paula and Tim McLean network with Peggy Heeter Tayloe, Polly, Campbell, Tori and Will Hunter enjoy golf tournament. and Sheila and John Coe. the Annual Meeting.
Amy and Ron Jacobs participate in the Early Bird David and Ramona Hescht attend their first Annual Scott and Tina Withrow enjoy The Greenbrier. Reception. Meeting.
Nate Orders, John Boyle and Lee Cooperrider got Carl Fletcher joins Sonny and Ellen Johnstone AGC President Joseph Jarboe and his wife, Anne, to know each other during the reception. during the Welcome Night Reception. join CAWV members at this year’s Annual Meeting.
John and Linda Persun talk with Faye and Aubrey Amy Haden, Cindy Beck and Paula McLean catch Lorrie Hareza and Brent Edwards were happy to Bowles. up during the reception. attend the Annual Meeting.
CONSTRUCTION NEWS 19 Delbert Leatherman, Jim Matheney, David Linville, Carl Belt, Randy Cirillo, Jeremy Irons, Dave Marion and Will Moore attend the Welcome Night Bryan Leatherman and Bob Brookover reunite Madden and Chris Francis talk during the Reception. during the meeting. reception.
Earl and Darcy Miller join Cathleen and Jamie Lisa and Roger Thomas enjoy the Welcome Night Jim and Chris Tressell join Jennifer and Aaron Ridgeway at the Annual Meeting. Reception. DeRoss and Danielle and Matt Mairn.
Chris and Jim Ahern spend time with Kevin and Andrew and Jenna Penfield attend the President’s Sheree and Tim Dorsch take time to pose for a Lisa Teel during the Annual Meeting. Reception. photo.
Julie and Eric Ramey participate in the Annual Wendy Amy and Rick O’Donnell enjoy the Steve and Shelley Humphreys enjoy the resort. Meeting. President’s Reception.
20 July / August 2012 Problem Solving Is Our Business!
Daniels Law Firm PLLC
When you need help with construction related legal matters, you In addition, the firm is engaged in a want a firm that understands the industry and has the know-how diversified civil practice and represents and experience required to provide cost-effective solutions. Daniels clients from all areas of the business Law Firm, PLLC focuses on meeting the legal services needs of community. Daniels Law Firm is a construction businesses in West Virginia and surrounding states. member of the following organizations: Our firm represents a broad spectrum of clients, including heavy highway, utility and building contractors, coal mining companies, · Contractors Association of West Virginia and construction suppliers. We offer a wide range of services and · Associated Builders & Contractors, Inc. can handle almost any type of legal problem for our clients. We · West Virginia Coal Association excel in these and other areas: · National Utility Contractors Association Construction law Arbitration and mediation · West Virginia Rural Water Association Corporate and business law Business and tax planning · West Virginia Society of Certified Government contracts Insurance litigation Public Accountants Commercial and civil litigation Wills, trusts and estates · American Arbitration Association Our attorneys can handle virtually any legal problems your business may encounter. Please call us at 304-342-6666, if we can be of assistance.
Daniels Law Firm, PLLC, BB&T Square, 300 Summers Street, Suite 1270, Charleston, WV 25301 Phone (304) 342-6666 – www.danielslawfirm.com
Offices in Kentucky, Virginia and West Virginia our association becomes, and our vice chair before moving to individual the task force for the past year, united voice grows louder, better division meetings. working through several agenda items protecting our industry’s interests.” such as coordination of bid dates Joining Browne on the CAWV Board of through the CAWV Bid Clearinghouse, Haynes explained that she was hit with Directors for the coming year is Jamie limiting the use of complicated a new idea for promoting the Ridgeway, March-Westin Company, alternatives, quantity of alternatives, association while traveling on I-79. who was elected chairman of the and developing a construction CAWV Building Division. The group schedule beginning with the bidding “Alumni plates, wildlife plates, Friends focused on the activities of the various phase. The SBA is also working on of Coal plates, even NASCAR plates, task forces and subcommittees. addressing issues with insurance are becoming much more common,” coverage on projects. she said. “A “Hard at Work” plate will “The Joint Architects Committee is be a powerful advertising statement working on several issues within “Because of the great working on the back of our members’ vehicles dedicated task forces,” said newly relationship the CAWV has with SBA while also providing support for the elected Building Division Director Executive Director Dr. Mark Manchin, State Road Fund.” Doug Meeks, Brewer and Company of and the entire School Building West Virginia. “We are working with Authority, the task force was able to From politics to aggregates to public the State Purchasing Divison, West work together to find solutions for relations, CAWV members attending Virginia National Guard and the School every item that was placed on the the Annual Meeting listened to Building Authority to improve bidding agenda for discussion,” Neighborgall updates on the many facets of the procedures, streamline contract reported. association that have impacted their requirements and evaluate required businesses. documentation.” The CAWV has also cultivated a great working relationship with the State Following the General Business The School Building Authority task Purchasing Division through a series Session, Building, Utility and Highway force report was given by C.R. of meetings being held to streamline division members met independently. Neighborgall, Neighborgall Const- bidding procedures. Meeks, who The Associate Division elected Phil ruction Company and newly elected serves as task force chairman, Browne, Rumble Ready Mix, as their CAWV secretary. Neighborgall has led reported on the progress of the group.
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John and Vickie Farley enjoy the President’s Phil and Dana Weser take time to pose for a photo Paul Hardesty shows off his hole in one during the Reception and Banquet. during the meeting. reception with his wife, Debby. Bryan, Mikki and Sydney Leatherman join Nicole and Chris Slaughter enjoy the reception and Laura McCutcheon, Kelci McCutcheon and Mike Stephanie and Delbert Leatherman. banquet. and Kim Davis enjoy the Annual Meeting. The Voltage Brothers played an energetic set for Golf Tournament winners included Scott Withrow, Will and Polly Hunter won the trap tournament. CAWV members attending the Annual Meeting. Brent Edwards, Diane Dailey, Joseph Jarboe, Rich O’Donnell, Corey Dawson, Jason Lewis, Annalee Ostendorf, Sharon Southworth and Paul Hardesty. Pat McDonald and Lindsay Stephens, photos. Willie Crane presented Alice George with a plaque Linda Persun won the grand door prize, “Cardinal,” Mark and Angie Urso join Rochelle and Jason commerating her years of service to the Asphalt by artist Ion Carchlean. Workman, Brant Moorhead and Lynn Flink. Pavement Association. 24 July / August 2012 “We have a meeting scheduled next week to finalize many of the issues that have been on the agenda,” Meeks said. “The goal of the task force is to streamline the bidding procedures used by the State Purchasing Division and define several gray areas with regard to bid submission and responsiveness.” The National Guard Task Force is currently studying issues with bidding procedures, payment schedules, improving the change order process and speeding the decision making process. Neighborgall reported on the progress of the group, noting that they are evaluating the current process and CAWV Highway Division members filled the meeting to hear updates on the new federal highway bill, hope to meet in the near future. MAP-21, information on state funding levels, an update from West Virginians for Better Transportation and and an address from Transportation Secretary Paul A. Mattox Jr. Members left the meeting with a clear understanding of the work that needs to be done to stabilize highway funding on the federal and state level. Jarboe joined CAWV members and participated in a discussion on the proposed Buy American provision in Reinvestment Act funding,” Gianni American mandate to the CAWV for public construction contracts. said. “We have several members of discussion with the task force. our committee on the task force, The Utility Division was brought up-to- including state and federal agency Members of the Highway Division date on activities of the West Virginia officials. The CAWV is working closely heard comments from Transportation Infrastructure and Jobs Development with the task force and will keep Secretary Paul A. Mattox Jr., who Council, West Virginia Department of association members up to date on reported that the 2012 construction Environmental Protection, Water their progress.” program would again reach $500 Development Authority and USDA million, the seventh year in a row it has Rural Utilities Service by Chairman Buy American mandates for highway hit that level. Mike Gianni, James White projects were also discussed in the Construction. Gianni was re-elected Highway Division meeting. All three “Year-to-date we have bid out about division chairman. groups were encouraged to send $150 million worth of work, but there comments on the impact of a Buy are several big projects coming in the “At the last Joint Utilities Committee meeting we received an update on the West Virginia Infrastructure Council’s bidding schedule,” Gianni noted. “We have been watching the progress of the projects and it appears that the new software system is speeding up the change order process.” The group discussed the ongoing Buy American Task Force put together by the West Virginia Legislature. Although they are studying the use of a Buy American mandate on all construction projects that receive public money, it is the utility industry which has run into the most difficulty meeting the requirements of the mandate. “The Task Force spent a large amount of time discussing the definition of “manufactured goods,” which caused West Virginia Department of Transportation Secretary Paul A. Mattox Jr. spoke to members of the Highway quite a bit of trouble for utility projects Division. The Secretary reviewed the Department’s upcoming construction program, discussed the federal that had American Recovery and highway bill, value engineering, DBE goal setting and West Virginians for Better Transportation. CONSTRUCTION NEWS 25 next few months including a $60 million in slide correction and $16 “It was taking way too long to reach a million section of Corridor H and $25 million in striping. He reported that in decision,” he said. “The Highway million of work along Route 10, that 2013 they expect to let the $6 million Commissioner will now chair the will put the 2012 program in the $500 Charles Town Racetrack Road, $14 meetings in the central office, and million range,” Mattox reported. “We million Mileground Roundabout project decisions will be required within two are proud of the fact that our in Morgantown, $17 million East weeks. We have done two projects Statewide Transportation Beckley Bypass, $7 million I-64 using the new process and it is moving Improvement Plan (STIP) has a 90 widening at Scott Depot and the $25 much smoother. The process has percent completion rate. This is a million Lilly Bridge spanning Bluestone saved money and provided document contractors can feel Lake. The 2014 program is estimated transparency, as the accepted value confident on using to plan their at a similar level: $130 million in bridge, engineering proposal will be posted business strategy.” $155 million in paving, $3 million in slide online.” correction and $13 million in striping. The Secretary provided copies of the The Secretary encouraged contractors STIP to attendees and detailed the “We are trying to make the to participate in the Disadvantaged 2012 program, which includes $135 Department of Transportation more Business Enterprise (DBE) goal setting million in bridge work, $185 million in business friendly to contractors,” process, noting that “DBE goals have paving work, $12 million in slide repair Secretary Mattox said, noting that they a direct impact on contractors and and $13 million in striping. are looking at their use of bundling and their projects.” He encouraged value engineering. “We only bundle members to attend the July 24 goal “The average bridge in West Virginia is projects when it makes sense and hearing and to “be very vocal in the 50 years old. There is no lack of work, provides significant savings. Bundling process.” but there is a serious lack of funding,” is not a policy we intend to use often.” he said. “The revenue coming in is Secretary Mattox touched on the stagnant, but the program is the same The Secretary responded to an provisions of the new federal highway size.” industry inquiry into the value bill, MAP-21, which will provide engineering process, stating that he funding for the next 27 months. The The Secretary estimated the 2013 had looked at the process and bill provides stability, but no new or program would include $130 million in changed the policies to provide additional money. Of particular bridge work, $150 million in paving, $5 consistency. interest, however, the bill locks $100 million into Appalachian Development Highway Funding (APD). “Corridor H is the only remaining APD project,” he said. “We will use the APD funding in our focus on the first segment from Kearns to Parsons. The funding is dedicated, which means Corridor H would be complete in 12 years at current levels.” The Secretary mentioned that the Prichard Intermodal Facility, estimated at $35 million, is expected to bid this year. He also discussed the difficulty in getting new projects funded, the size of the funding available and the need for a shift in public perception of highway investment. He praised West Virginians for Better Transportation’s effort to educate the public on the value of a safe and modern transportation system. “WVBT’s Transportation Day and Transportation Conference will be held An Annual Meeting tradition is the passing of leadership from one president to another. 2012-2013 CAWV concurrently on February 14, 2013, the President Lee Snyder takes the reins from 2011-2012 CAWV President Gene Thompson during the first day of the legislative session,” President’s Banquet. said John Boyle, Mountaineer Contractors. “We are seeing progress 26 July / August 2012 in the attitude of elected officials with and Boyle, who serves as The CAWV Board of Directors met on regard to transportation funding. Construction Subcommittee Co-Chair, Friday and discussed a number of WVBT will be very aggressive during updated members on several industry issues. A Welcome Night this session, with the goal of finding committee issues. Boyle asked Reception, sponsored by select new long-term funding sources for contractors to focus on completing members of the Associate Division, highway and transportation system punch list items on Division of was held Friday evening. Golf, trap development.” Highways’ projects in a timely fashion, and fishing tournaments followed the pointing out that failure to do so may division meetings, and a number of Boyle praised the work of Bill Hilborn, result in adoption of a mobilization children’s programs were offered. the immediate past chairman of WVBT provision that reinstates retainage. before introducing Carol Fulks, who Boyle added that SiteManager should Outgoing CAWV President Gene has accepted the responsibility of also aid in speeding up this process. Thompson, Ahern, a division of chairing the group during the coming Kokosing Construction Company, year. Fulks is executive director of the A new proposal on design of thanked the members and staff for all West Virginia Hospitality and Travel temporary structures will address the their hard work throughout the year. Association. concerns of industry and the Highway Division, according to Boyle, who “This year has been a lot of fun,” he “The time is now for making added that the Division of Highways’ said. “There is so much strength in the something big happen,” she said. “We has offered contractors assistance membership of the CAWV. It has been are excited that our board has decided with LRFD approved designs for their my pleasure to be a part of the hard to take on an education and advocacy temporary structures. Changes to work that the CAWV does every day to stance with regard to finding solutions. BidExpress are coming, he stated, protect the interests of the There is certainly an opportunity to including an electronic bid withdrawal construction industry. What the CAWV find consensus among the Legislature feature, the ability for the low bidder to accomplishes is a testament to the and begin solving our transportation download contract and bid forms and organization, its committees, but most funding crisis.” a project question and answer feature of all, its members.” that will be posted on the website. Nate Orders, Orders Construction Before passing the torch to Lee Company, was re-elected as the Over 350 members, guests and Snyder, Snyder Environmental Highway Division chairman. Orders, children attended this year’s meeting, Services, Kearneysville, the outgoing who also serves as the CAWV which began with a reception at president read resolutions that were Specifications Committee Co-Chair, Howards Creek Lodge on Thursday. accepted by the CAWV Board of Directors in honor of Sam Bowling and Ron Whitney. Bowling served as CAWV president in 1990 and Whitney was a founding father of the West Virginia Utility Contractors Association and West Virginia Expo. 2012-2013 CAWV President Lee Snyder expressed his appreciation to CAWV members and the Board of Directors for their support of him during the past year. “Gene’s act will be a tough one to follow,” the incoming president said. “He worked tirelessly with the Legislature to make sure our industry’s voice was heard. I’m looking forward to leading the association. My first goal for the year will be to encourage members to get involved. Personal outreach can make a big difference to our industry.” The 2013 meeting will be held July 11 2012-2013 CAWV President Lee Snyder, during his term, hopes to focus the association on the – 14 at The Greenbrier. importance and power of personal relationships in the construction industry. President Snyder encouaged all CAWV members to get involved in the association’s activities. By Lindsay Stephens 28 July / August 2012 BACKGROUND AND CRIMINAL CHECKS: KNOWING WHERE YOUR EMPLOYEES STAND By Norman T. Daniels Jr. erforming background and Authority (SBA) was created in 1989 by Education or other grant recipient criminal checks on potential or the West Virginia Legislature to facilitate (owner). These forms shall be Pexisting employees is growing in and provide state funds for the submitted along with the contract for popularity as a result of the increase in construction and maintenance of construction and the contract will not negligent hiring lawsuits. There are now school facilities to meet the educational be fully executed until this provision federal and state laws that make it needs of the people of the state in an has been satisfied.” mandatory for employers to conduct efficient and economical manner (WV criminal background checks in highly Code §18-9(d)). The SBA requires that the contractor sensitive areas such as teaching, child and subcontractor submit SBA Forms care, health care and security Within the SBA’s “Policy and 181 and 182, which are located on the positions. These provisions are due to Procedures Handbook,” specifically in last pages of the “Policy and factors such as an increase in child Appendix H, Part 2, Subpart XII(c), is Procedures Handbook.” The contractor abductions, increase in registered sex the following language: and subcontractor submit these with offenders and national security the contract for construction to the measures. The School Building “County school boards and other grant applicable County School Board or Authority of West Virginia requires recipients shall require all contractors grant recipient. The contractor and contractors and subcontractors to and service providers to verify the subcontractor, by turning in these conduct background checks when criminal records of their employees forms, are verifying that they have applying for a school construction before granting access to the conducted background checks, all contract, and the West Virginia construction site. All prime contractors employees are legal citizens of the Legislature recently passed Senate Bill and their subcontractors that will be United States, and no employees on No. 659, which requires contract present on the construction site or the school site are registered sex employees of service providers other board property shall provide the offenders under WV Code §15-12-2. working on state Capitol grounds to county board or other grant recipient The policy behind this requirement is to submit to a background and fingerprint (owner) assurances of compliance with ensure that all school site employees check. pertinent WV Code and SBA Policy by are not registered sex offenders. verifying the eligibility of all workers by WV School Building Authority providing a completed SBA Forms 181 The National Child Care Protection Act The West Virginia School Building and 182 to the County Board of of 1993 authorized states to establish 30 July / August 2012 procedures requiring organizations 3. Once the background check is service providers with the state to serving youth to request a nationwide complete and it is verified that no submit to fingerprint-based state and criminal history background check on employee is a registered sex offender, federal background checks under prospective employees and volunteers. fill out SBA Forms 181 and 182. certain circumstances; requiring certain The SBA, exercising on this authority, service providers provide employee made it a requirement for contractors 4. Submit Forms 181 and 182 along names to comply with provisions of this and subcontractors to prove to county with the contract for construction. section; requiring a clause in future school board or grant recipients that no contracts to give the state powers to employees on school property are 5. Throughout the process, consult prohibit certain persons from certain registered sex offenders. with your attorney and the SBA to activities based on the results of the ensure you are complying with background check; defining “service Contractors and subcontractors should applicable state and federal provider”; requiring new employees do the following when bidding for a employment laws. working on Capitol grounds to have school construction job: employment eligibility confirmed Senate Bill No. 659 through E-Verify; and designating the 1. Obtain written consent of Passed March 10, 2012 Director of the Division of Protective employees to conduct background Senate Bill No. 659 was a bill that Services as the person to whom checks so that contractor and passed on March 10, 2012, and went criminal background check information subcontractors can verify employees into effect June 8, 2012. The bill is released. are legal citizens and not registered sex amended WV Code § 15-2D-3 and was offenders. Inform the employees of why a direct response to the arrest of a “Service Provider” for purposes of this you are conducting the background fugitive and convicted sex offender section means any person or company check. who was working as a contract that provides employees to a state employee at the state Capitol building. agency or entity of the same 2. After obtaining written consent, The bill adds contract employees, such government to work on the grounds or contact the WV State Police or visit the as security guards, to the state code in the buildings that make up the L1 Identity Solutions website at requirements for background checks. Capitol Complex or who have access www.L1enrollment.com to learn about to sensitive or critical information. background checks and schedule an The amended code states that the appointment to have background Director of the Division of Protective Construction contracts are exempt checks performed. Services require certain employees of from the bill’s purview. CONSTRUCTION NEWS 31 The policy behind this bill was to conviction is related to the ensure the public’s safety and protect employment. The EEOC states that an sensitive data and information in employer can shield itself from a Title Capitol offices. All contractors and VII Civil Rights lawsuit when making subcontractors who are contracted by hiring decisions by considering three West Virginia to work at the state “green” factors of an applicant: Capitol Complex should contact their attorney and the Director of the West 1. The nature and gravity of the Virginia Division of Protective Services offense or conduct; and reference this law to determine what is required and how to comply if 2. The time that has passed since the they are unsure of the requirements. offense or conduct and / or completion of the sentence; and Background Check Information General 3. The nature of the specific position. All background checks by outside agencies are regulated under the Fair References School Building Authority of West Virginia Credit Reporting Act, even criminal www.wvs.state.wv.us/wvsba background reports. Before hiring or SBA Policy and Procedures Handbook, 2nd Edition firing an employee, a contractor / Norm Daniels is an attorney and a Certified Public www.wvs.state.wv.us/wvsba/PolicyProceduresRev subcontractor should consider the Accountant. He is licensed in West Virginia, 040512.pdf Equal Employment Opportunity Kentucky, North Carolina and Pennsylvania. Daniels has over 28 years of experience and has Commission and West Virginia Human WV State Police website with L1 Enrollment Link: been selected by his peers to be included in "The www.statepolice.wv.gov/Criminal%20Records/Pag Rights Act before making a decision. Best Lawyers in America" and "Super Lawyers." In es/defaut.aspx West Virginia employers are prohibited 1994, Norm Daniels founded Daniels Law Firm, PLLC which has focused on representing heavy from using the arrest and conviction WV Legislature highway, utility, and building contractors and their records of an applicant without first www.legis.state.wv.us/WVCODE/Code/cfm suppliers. The practice includes civil litigation, obtaining the consent of the applicant. insurance litigation, business and tax planning, EEOC Enforcement Guideline: “Consideration of Arrest Pre-employment inquiry into arrest labor and employment law, wills, trusts, estates, and Conviction Records in Employment Decisions arbitration and mediation. records is prohibited, but inquiry into under Title VII of the Civil Rights Act of 1964” prior convictions is permissible if the www.eeoc.gov/laws/guidance/arrest_conviction.cfm 32 July / August 2012 CONSTRUCTION BRIEFS n The Morgantown Municipal grant was awarded through the U.S. includes bridges, roads, railroad, Airport will receive $1.45 million in Department of Transportation's water/sewer and industrial style federal funding to make upgrades to Federal Aviation Administration… buildings in Wayne County. Bids for the airport and runway to improve the project were received from travel and safety, according to a news n Wheeling-Nisshin, a Follansbee- Mountaineer Contractors, Inc., release from the office of Senator Jay based steel coating company, is Kingwood, at $27,383,738, Kokosing Rockefeller. planning a $28 million project -- its Construction Company, Inc., South "It is important to upgrade and third major expansion in 25 years -- Charleston, at $29,620,066, Orders repair the runways and airport facilities according to an announcement from Construction Company, Inc., St. at the Morgantown airport to make the company's president and Albans, at $30,760,010, Kanawha sure that staff and passengers alike Governor Earl Ray Tomblin. The Stone Company, Inc., Nitro, at are safe as they travel to and from our project will include upgrades and new $31,436,122, Triton Construction, state," said Senator Joe Manchin. equipment for an existing line and Inc., Nitro, at $31,922,400, Bizzack The airport will use the funds to building extensions as well as an Construction, Inc., Lexington, KY, at convert Runway 5-23 into a taxiway. additional substation for electricity. $31,960,534, Heeter Construction, Officials said this will include paint The investment will create a new steel Inc., Spencer, at $31,989,540; A.L.L. removal, crack sealing, seal coating, product called “ZAM” that utilizes a Construction, Inc., Mt. Storm, at and remarking pavement, as well as combination of zinc, aluminum and $32,487,676, Trumbull Corporation, modifications to lighting, pavement magnesium to coat steel. Wheeling- Pittsburgh, PA, at $33,333,333, and markings and airfield signage. The Nisshin was the first Japanese Vecellio & Grogan, Inc., Beckley, at runway will also be rehabilitated to investment in the state, in 1986 ... $35,374,552. The facility at Prichard maintain structural integrity and will utilize its geographic location, minimize foreign object debris, while n Bids were accepted on August access to the regional Tri-State the northwest taxiway will be widened, 30 for construction of the new Airport, double-stack railway tunnels according to the news release. The Prichard Intermodal Facility, which and river transportation to become a 34 July / August 2012 CONSTRUCTION BRIEFS hub of commercial transportation and product transition for the North-Atlantic region ... n The U.S. Environmental Protection Agency says three companies will pay nearly $30 million to clean up a Superfund site near Fairmont and to reimburse the U.S. EPA and the state of West Virginia for previous work. The settlement with Exxon Mobil, Vertellus Specialties and CBS Corporation was filed Monday in U.S. District Court in Clarksburg. The cleanup will cost about $17.8 million, while reimbursements total $11 million. Costs going forward are projected to be another $1 million. The 38-acre property along the Monongahela River was designated a Superfund site in 2000. Industrial activity dating to 1932 polluted it with coal tar and other materials. The cleanup will include removing about 5,500 cubic yards of tainted soil, capping the property and improving a groundwater containment system to keep the hazardous materials from migrating ... n J.F. Allen Company, Buckhannon, has been awarded a project to improve an entry road into the Boy Scouts of America camp being built near Beckley. The job at the Summit Bechtel Family National Scout Reserve will entail widening Millcreek Road, a small county route approximately 3 miles in length, from a single lane into a comfortable two- lane road. J.F. Allen also will improve the alignment of the road by reducing the angle of the road's curves. Drainage improvements will be completed as well as improvements to the 2- to 4-foot-wide stone shoulders. The project will be SSiiinnce 1905 Call us at 800-642-3054 or visit or website at peerlessblock.com ´%%,,,**µRRUU ´´VVVPPDDOOOOOµ 33((((((555//((66666 has yoyour WWAALL! 6LQFHWKH PLG ·V 3HHUOHVV KDV EHHQ WKH OHDGHU LQ SURYLGLQJ quality retaining wall products in the Tri-State area. We manufac- BELVEDERE COLLECTION ture and represent a full compliment of retaining wall products that BY ROSETTA can be integrated into any project. We have blocks that are perfect for the smallest tree ring to the largest engineered project and our products are as versatile as they are functional. Our full line of products include Anchor Retaining Wall Systems®, ReCon Wall Sys- tems, The Belvedere Collection, and Rosetta. Before you start your next wall project give us a call. Big or small, Peerless has your WALL! 36 July / August 2012 THE CONTRACTOR’S LAWYER Experienced, Aggressive, Successful Legal Representation 304.343.7100 phone 304.343.7107 fax We know construction. 1125 Virginia Street, East Charleston, WV 25301 wvlaw.net CONSTRUCTION BRIEFS completed after paving the entire road allow widening of Island Creek from grant will be combined with $150,000 way. The $7.9 million project is slated the former Super 8 site to the Logan in local funding to complete an for completion in April 2013. Napa Store on the left descending alternative access road to the Raleigh Improvements to the road will increase bank. County Memorial Airport and its the access flow in and out of the Boy Congressman Nick Rahall, D-WV, industrial parks. The roadway link will Scout camp, which will be home to the announced the award in August, run adjacent to the federal mine 2013 National Boy Scout Jamboree - a stating, “Widening Island Creek academy and the Shell gas station gathering of about 50,000 Scouts, widens our downtown economy's before connecting to the existing road leaders and staff ... outlook. Logan Countians know far at the airport, forming a loop around too well the long term costs to families the property ... n Heeter Construction Company, and businesses flooding can bring. Inc. was awarded a $6,000,000 This major investment helps bring n Triton Construction, Inc., Nitro, contract to widen Island Creek in stability to a once flood prone area is working to widen Hal Greer Logan County. The project is one of that serves the region with essential Boulevard between Charleston and many designed to stop flooding in the business services,” said Rep. Rahall. 10th avenues in Huntington. The $1.1 area. The Island Creek project The project is estimated to cost million project includes the addition of includes widening the Island Creek $40 million and will take approximately a center turn lane, new sidewalks and channel in order to provide an four years to complete ... traffic signals. Work on the project is estimated 252 area homes and expected to take 10 months to businesses with 10-year and 20-year n Congressman Nick Rahall complete. frequency flood protection. The announced in August that a funding of the Phase 2a option will $400,000 WV Division of Highways 1712 PENNSYLVANIA AVENUE CHARLESTON, WV 25302 304-346-0763 FAX 304-343-5498 WV CONTRACTOR’S LICENSE WV-2219 xĈĈ$60(Ĉ&(57,),('Ĉ5(3$,56 xĈĈ,163(&7,21Ĉ Ĉ0$,17(1$1&( xĈĈ6$1'%/$67,1*Ĉ Ĉ3$,17,1* xĈĈ(0(5*(1&<Ĉ6(59,&(6 xĈĈ),(/'Ĉ(5(&7('Ĉ Ĉ6+23Ĉ%8,/7 :$7(5Ĉ6725$*(Ĉ7$1.6Ĉ72 $::$Ĉ'Ĉ63(&,),&$7,216 HĈĈ3529(1 HĈĈ%(67Ĉ%8< H :(/'('Ĉ67((/Ĉ7$1.6 ĈĈ/21*Ĉ/$67,1* 6,1&(Ĉ 38 July / August 2012 NEW MEMBERS Contractor Membership: Engel Welding Inc. Associate Membership: Industrial Pipe Fabrication / Welding C.J. Hughes Construction 617 Austin Drive Yesterday Delivery Service Company, Inc. St. Albans, West Virginia 25177 Delivery Service Municipal Utility Contractor (304) 727-4341 1504 W. Main Street P.O. Box 7305 (304) 727-4562 Fax Milton, West Virginia 25541 Huntington, West Virginia 25776 [email protected] (304) 743-1600 (304) 522-3868 Tim Engel, President (304) 743-1623 Fax (304) 522-2279 Fax Lance Engel, Vice President [email protected] [email protected] www.yesterdaydelivery.com www.cjhughes.com Instant Growth Hydroseeding Norman Ryder, President Dave Combs, Vice President, Hydroseeding Sewer/Water Division 15391 Veterans Memorial Highway Kingwood, West Virginia 26537 (304) 864-7899 (304) 980-2157 Fax [email protected] Jason Peaslee, Owner WV Contractors License # WV000228 CONSTRUCTION NEWS 39 JUST PLANE GOOD! PROFESSIONAL DIRECTORY Offering Fire Suppression Our Quality and Service is Unmatched and Fire Alarm Services s !SPHALT 0LANING s $ECK 3CARIlCATION P.O. Box 3108 683 Hornbeck Road 3601 7th Avenue Morgantown, W. Va. 26508-2472 s -ICROMILLING s 0ROlLING Charleston, W.Va. 25331 (304) 296-7438 (304) 744-5314 s %XCAVATION s 4YPE 2UMBLE 3TRIPS (800) 642-8598 US WATS 1221 Hedgesville Road And we’ve done it well since 1978 Martinsburg, W. Va. 25403 WV CONTRACTORS LICENSE: WV 001124 (304) 262-8103 "/#! #ONSTRUCTION )NC %ASTPARK $RIVE .ORWALK /HIO /FlCE &AX !N %QUAL /PPORTUNITY %MPLOYER 6ISIT WWWBOCACONSTRUCTIONINCCOM FOR INFORMATION ON OUR SERVICES CAPABILITIES AND HISTORY Paul (Skeeter) Laskody, Jr. John Zimnox Morgantown, WV Charleston, WV 859-940-8439 304-549-4683 [email protected] [email protected] 40 July / August 2012 PROFESSIONAL DIRECTORY 6LWH3UHSDUDWLRQ6SHFLDOLVWDQG $ZDUG:LQQLQJ5HFODPDWLRQ (DVWHUQ$UURZ 3KRQH 32%2; )D[ &KDUOHVWRQ:9 HDVWHUQDUURZ#KRWPDLOFRP ;;;)%78)62%663;2)8 WV Contractor License: WV 022303 (304) 529-3328 Fax No. (304) 529-3325 Famco, Inc. GENERAL CONTRACTORS RICHARD C. SMAILES BOX 1577 President HUNTINGTON, WV 25716 WV CONTRACTORS LICENSE: WV 000408 1 24th Street P. O. Box 6587 Wheeling, WV 26003 (304) 232-1040 (304) 232-1137 Fax SINCE 1946 • CONSTRUCTION FABRICS • FIBRE FORMS - 8” TO 42” DIAMETER • POLYFILM - CALCIUM CHLORIDE • CURING COMPOUNDS • WIRE MESH - REBAR - NAIL STAKES • SIKA CHEMICALS • MASTER BUILDERS PRODUCTS • ROOF DECK - FORM DECK CONSTRUCTION NEWS 41 PROFESSIONAL LICENSED DIRECTORY TO MILL! Asphalt & concrete planing, profiling and deck scarification DONEGAL GREEN MOUNTAIN COMPANY Construction Corporation Reclamation Site Work Heavy Excavation Rodney W. Clay, President 511 50th Street 1-800-864-4206 304/925-0253 Charleston, WV 25304 1235 Marguerite Lake Road WV CONTRACTORS LICENSE: WV 002057 Greensburg, Pennsylvania 15601 WV CONTRACTORS LICENSE WV025398 WV Contractors License #WV041715 42 July / August 2012 PROFESSIONAL Martin Marietta Aggregates DIRECTORY Branches: Burning Spring Mine (Parkersburg-Rt. 50) Charleston Institute Manheim (Clarksburg-Grafton) New Martinsville Parkersburg Ravenswood St. Marys Apple Grove, OH Wheeling/Martins Ferry, OH LIMESTONE • SAND • GRAVEL BY TRUCK, BARGE OR RAIL 300 Star Avenue, Suite 312 Parkersburg, WV 26101 (304) 485-7341 Charleston (304) 343-4571 S M H Construction Co., Inc. P.O. Box 1912 Beckley, West Virginia 25802-1912 Sumith P. Hapuarachy Residence: 304/253-7610 President Office: 304/877-6451 WV 000572 www.smhconstructiongroup.com CONSTRUCTION NEWS 43 PROFESSIONAL DIRECTORY David E. Clevenger, P.E. One Kenton Drive, Suite 200 Northgate Business Park Charleston, WV 25311-1256 Voice (304) 346-2599 www.TRCSolutions.com FAX (304) 346-2591 TEAYS RIVER CONSTRUCTION MAILING ADDRESS: LOCATION: P.O. Box 429 575 New Golf Mountain Road Institute, WV 25112-0429 Cross Lanes, WV 25313 Phone: (304) 776-0448 Fax: (304) 776-0451 Contractors License #WV006833 44 July / August 2012 PROFESSIONAL Shamblin Stone, Inc. DIRECTORY Fast Courteous Service is our Business Providing the following state specification materials • Sand • AgLime • Gravel • Bedding Materials • Salt • Limestone/Rip Rap Trucking & Barge Unloading Ohio and Kanawha Rivers SERVING USDOT 188865 ICC MC 183455 WEST VIRGINIA Wilson Island, Dunbar, WV Port Amherst, WV Rt. 61, Marmet, WV Hugheston, WV ROOFING & SHEET METAL COMPANY RT. 35-Scary Creek Robertsburg, WV Sheet Metal - HVAC Design - Roofing WV CONTRACTORS LICENSE: WV 004152 HVAC Service - Shop Fabrication Parkersburg Morgantown 304-766-7316/FAX 766-7325 304-485-6593 304-328-5244 Charleston Cumberland, MD 304-755-8135 304-738-0502 WV CONTRACTORS LICENSE: WV 000104 CONSTRUCTION NEWS 45 ADVERTISERS Anderson Equipment Company ...... 33 McCloy Construction Company ...... 16 BB&T Carson Insurance ...... 46 Middletown Tractor Sales ...... 22 Boca Construction, Inc...... 40 Miss Utility of West Virginia ...... 17 Boxley Materials ...... 40 Peerless Block & Brick ...... 36 Bowles Rice, Attorneys at Law ...... 35 Pounding Mill Quarry Corporation ...... 31 BrickStreet Insurance ...... 23 Professional Directory ...... 40 Brown Edwards & Company, LLP ...... 34 Rish Equipment Company ...... 48 C & R Materials, Inc...... 41 RoadSafe Traffic Systems, Inc...... 43 Carr Concrete Corporation ...... 32 Rudd Equipment Company ...... 47 Cleveland Brothers ...... 29 Shamblin Stone, Inc...... 45 Contractors Supply Corporation ...... 41 The C.I. Thornburg Company, Inc...... 44 CTL Engineering, Inc...... 36 Thrasher Engineering, Inc...... 45 Daniels Law Firm, PLLC ...... 21 Vecellio & Grogan, Inc...... 39 Donegal Construction Corporation ...... 42 Walker Machinery ...... 2 The Friedlander Company ...... 5 Welding, Inc...... 38 Johnstone & Gabhart, LLP ...... 37 Wells Fargo Insurance Services ...... 3 Greer Industries, Inc...... 42 West Virginia Tractor Company ...... 27 Martin Marietta Aggregates ...... 43 46 July / August 2012 West Virginia Construction News PRESORTED 2114 KANAWHA BOULEVARD EAST STANDARD CHARLESTON, WV 25311 U.S. Postage PAID ADDRESS SERVICE REQUESTED Charleston, WV Permit No. 568