Industry Spotlight

• NUCA-WA Active Response to Westwater Construction Case on Pipe Fitter Prevailing Wages
• NUCA-WA Responded to Laborers Dispute at Scarsella Bros Cedar Falls Landfill Project
• NUCA-WA Amicus Brief to the Supreme Court is Successful
• NUCA-WA Sponsors Amicus Brief in Pellco Construction vs Cornerstone Appeal

Safety Spotlight

• Dig Safe Online Training IS HERE!
• CESCL Training Offered Monthly
• Oregon 1200C Permit: Do you know the Changes?

National News

• Panel Discussion: Market Volatility – NUCA’s Analysis of the Current Market Supply Crisis
• A Win: House Committee Passes NUCA-Supported Water Infrastructure Bill
• Senate Committee Passes Important Surface Transportation Bill

A Message From The Organization

As you can see in this edition of the newsletter, there’s a lot happening at NUCA-WA and we send special recognition to all the members that are putting in the work to push this industry forward.

All our special events are back on-track in person, including our signature community event Dozer Day next week, the NUCA-WA Last Ditch Open Golf Tournament in July, and member meetings resuming in-person starting in September with a night out at the Tacoma Rainiers. We will close the year with our celebratory Auction & Gala on Saturday, October 23rd which includes our annual NUCA Awards (more on this soon!) and wrapping up the year with our popular Legislative Night member meeting.

There are a lot of members working behind-the-scenes to make all the “magic” happen: members working on all our signature events committees, staying on top of all the legislative items coming down the pike and responding appropriately with support letters, expertise, and amicus briefs to put the pressure on regulators, and focusing on workforce development to ensure the future of our industry. NUCA-WA is really proud of the work we have done in the first half of the year, and looking forward to all the new members that have joined the association and are getting involved.

Organization Updates

Dozer Day is NEXT WEEK! June 25th & 26th, 2021

Volunteers Still Needed!

Over the past year and some, the Dozer Day Committee has weathered many challenges, constantly changing state restrictions, to bring forth Dozer Day 2021: A Walk-Thru Event. This year’s event will be unique including interactive experiences and displays of equipment live in motion as well as stationery equipment to allow kids to climb and touch machinery they may have never seen before. Sponsors will be showcasing equipment and fun activities + giveaways for kids at their booths – it’s all hands on deck and NUCA members surely delivered!

If you would like to volunteer for the event, we could certainly use any volunteer help available! You can help with setup on Friday, June 24th, or there are volunteer shifts on both Saturday & Sunday from 930AM – 1PM, or 1230PM – 4PM. Please contact Executive Director, Liz Truong (liz@aminc.org or 206-338-7381) if you are interested.

2021-2022 School Year Scholarship Applications Close June 30th 

The annual NUCA scholarship application is open until June 30th. NUCA will issue $20,000 in scholarship awards to selected candidates who are enrolled as a full-time student in a Washington State accredited Construction Management or related course of study during the 2021/2022 school year (University, Community College, or Trade College). The grand prize winner will receive a $5,000 scholarship and will be recognized at our annual Association Auction.

The scholarship form is available on our website HERE (https://www.nucawa.org/scholarship-application).

2021-2023 Board of Director Nominations Open July 1st!

Put it on your calendars – beginnning July 1st we will open up nominations for Board of Directors inducted in on September 1st. There will be 4 Contractor seats and 1 Associate seat open, and the position of President-Elect as Shane Webley wraps up his term and Kemp Garcia becomes President on September 1st. Board positions are two-year positions. The time commitment is attending a 1-1.5 hour monthly meeting (with the exception of August and December), and a 3-hour board retreat for strategic planning in November. If you have questions about what it takes to be a board member, please contact Executive Director Liz Truong: liz@aminc.org. Now is a great time to think about joining the board or nominating someone who would be a great leader of our organization.

2021 NUCA Last Ditch Open Golf Tournament is SOLD OUT!

The Last Ditch Open golf tournament sold out in exactly ONE WEEK this year and we are so thrilled how excited you are for this year’s tournament! We apologize to all the folks that were not able to make it into the tournament; we are doing the best we can to accommodate everyone currently on the wait list.

Golfers – you will see an email on July 1st asking you to submit the names of all your golfers and if you would like to pre-purchase your “super tickets” this year including putting contest, golf cannon, and mulligans.

There is still one hole sponsorship left if you still want to get on the course. Please email Executive Director Liz Truong, liz@aminc.org to secure that spot.

We will see you all on Friday, July 16th – registration opens at 7:30AM and shotgun start is at 9AM.

Thanks to our 2021 Sponsors

September Member Meeting: Back In-Person!
Induction of 2021-2022 Board Members
Member Networking

Registration Includes: VIP Suite Ticket, Dinner, Unlimited Beer / Wine / Soda

NUCA Members: $20
Non-NUCA Members: $50 (will be on wait list and will only allow if spaces not filled by NUCA members)

Please Welcome Our Newest Members

NUCA-WA welcomes Badger Daylighting to the area! Badger Daylighting is North America’s leading provider of risk mitigating hydro excavation services, with over 145 locations and 1.400 trucks ready to serve our customers. Badger engineers and manufactures its own proprietary hydrovac trucks, which are the most efficient and effective in the industry. Our Operators are highly trained and operate only hydrovac equipment, making them very productive. All operators attend two weeks of intensive hands on training at Badger University, followed by a 90 day Mentor training program to ensure they are competent in all aspects of their profession. Badger has a very comprehensive safety program and adheres to strict environmental standards. Badger Daylighting is a Gold Shovel Certified contractor, giving you assurance that all safe excavating laws are followed. We are proud to service the Pacific Northwest with locations in Seattle, Spokane and Portland. Let us help you keep your projects on time and safe from potential utility damage and line strikes. For additional information visit us on line at” www.badgerinc.com or call 206-530-3259.

NUCA-WA welcomes our first Specialty Contractor Member, Howard S Wright. The introduction of Howard S Wright to NUCA includes welcoming home board member, Jason Lane, to the NUCA Family! Howard S Wright is looking forward to the opportunity to partner with NUCA and all of the members to better the construction industry. Howard S Wright serves as a General Contractor for civic, corporate office, federal, higher education, hospitality, mission critical, and multi-family projects. They are relentless in our desire to leave lasting legacies in the communities where they build and we are excited to have them as a part of our association.

NUCA-WA welcomes new Contractor Member, Pro-Vac!  Located in Puyallup, Pro-Vac is an advanced industrial stormwater maintenance and hydro-excavation service company that provides solutions to general contractors, municipalities, industrial facilities, commercial services, construction infrastructure projects, project managers and military branches. Pro-Vac is grateful to join the NUCA Family and to continue serving the many members they are already honored to do business with!

With the sale of Allwest Underground to Sunbelt Rentals, Inc. in October of 2019, Jim Markonich and Bob Checca began their transition to golfing on a full-time basis.  Allwest’s three branches became the first west coast locations of Sunbelt’s Shoring Solutions division.  The operations and sales team in the Pacific branch include Sean Houston Brown, Mike Grimm, Jessica Pena and Kristine Winfield.  The Woodinville branch includes Stan Burwell, Ron Langley, Kellen Burwell and Dan Beneke.   It has been exciting times for the “old” Allwest group as they’ve welcomed the arrival of new delivery trucks and additional rental fleet (including sheet & hydraulic frame systems).   Also on the horizon are plans for expansion of existing facilities.  We are happy to bring “Allwest” back to NUCA now as Sunbelt – and Sunbelt is a hole sponsor at the upcoming golf tournament….Sean & Stan look forward to seeing you at their tee box!

Membership Spotlight

Member Spotlight: DP Nicoli

D.P. Nicoli, INC was founded in 1982 by David P.  Nicoli as a piling distributor based out of Tualatin, Oregon.   As demand grew for underground safety products, D.P. Nicoli expanded its rental fleet to include steel plates, aluminum and steel trench shoring, slide rail, plugs/test gear, and NAXSA certified  safety training . D.P. Nicoli, has established itself as a preferred supplier and one -stop resource for the shoring needs of the heavy construction industry.  Having decades of experience, D.P. Nicoli provides multiple options and the right shoring solution for all projects.   Superior customer service is provided daily with yards located in Seattle, Lakewood, Woodinville, and Spokane, WA; Wilsonville , OR; San Jose ,South San Francisco,  and Bay Point , CA.  D.P. Nicoli has been a proud NUCA of Washington member since 2004 and an avid supporter of the organization. They have sponsored all major events for the organization, including being a top Diamond Sponsor for our Dozer Day event, and putting on the NAXSA Trench Safety Summit in 2019.

Member Spotlight: Bob Marconi, Ashbaugh Beal

Ashbaugh Beal has been a proud member of NUCA of Washington for over 30 years and is an active participant and supporter of the association.

Bob Marconi, Partner and Chair of Ashbaugh Beal’s Construction Law Group, is a longtime NUCA of Washington member and served on the Board of Trustees from 2000-2004 and 2013-2017. He chaired NUCA’s legislative committee from 2004-2017 and is a past winner of NUCA’s Director’s Appreciation Award (2002) and the Associate of the Year (2004 and 2015).

Bob has been at Ashbaugh Beal since 1989 and focuses his practice on construction law and litigation, with a focus on public and private contracts, bid disputes, claims and dispute resolution. In city, state and federal projects, he has successfully handled hundreds of bid disputes that have resulted in millions of dollars awarded to his clients.

Bob and the other construction lawyers and professionals help clients resolve construction disputes throughout the Western United States and have successfully handled multi-million dollar claims against a variety of public and private owners.

Bob and others at Ashbaugh Beal have supported NUCA’s legislative and lobbying efforts, including drafting bills and testifying on behalf of NUCA in Olympia.

Ashbaugh Beal looks forward to continuing its long association with NUCA of Washington.

Two NUCA Members Top APWA Project of the Year Awards!

Other Member News

Congratulations Alex Thorson on the Next Generation NUCA Member!

NUCA-WA send ours congratulations to Alex Thorson and his family on their newest addition to their family. They welcomed a healthy baby boy to the world in May. Alex currently serves on the NUCA Board of Directors as Treasurer.

Welcome “New” Board Member: Jason Lane

We welcome back to the board “new” board member, Jason Lane. Jason is a Project Manager at Howard S. Wright and has brought his company to NUCA-WA as a new specialty contractor member. You may recall Jason was serving as President-Elect of NUCA-WA until 2019. We are thrilled to have Jason back on the board and looking forward to having him work on workforce development and training-related initiatives at the association. 

Industry Spotlight 

NUCA-WA Responds to Scope of Work and Rate Applicable to Installing Ductile Iron Water Main Pipes in Westwater Construction Case

The Legislative Committee has been tracking the developments in the Westwater Construction case with L&I.  In that case, L&I seeks to impose the plumber prevailing wage rate to many aspects of DI water main work.  This would have a significant negative impact on our industry.  The Laborers Union had weighed in on this case via the attached letter here. NUCA of Washington also weighed in with our letter here to lend its support to Westwater and to persuade L&I to back off this radical action. We will keep our membership updated as this case progresses as it has resounding effects to all of our contractors in the industry.

NUCA-WA Provides Support to Laborers Jurisdictional Dispute at the Cedar Hills Landfill Project

The Legislative Committee received a request to provide a letter of support for the Laborers Union in a jurisdictional dispute disguised as a prevailing wage appeal brought by the United Association of Plumbers, Pipefitters and Steamfitters (UA). The UA is contending that the HDPE fusion work out at the Cedar Hills landfill needs to be paid at the pipefitter rate. NUCA-WA provided the letter attached here to support the Laborers Union in this dispute and that it is appropriate to assign this work to the Laborers and paid at the Laborers’ prevailed rate.

NUCA-WA Amicus Brief to Supreme Court is Successful

NUCA-WA associate member Bob Marconi recently filed an amicus brief on behalf of NUCA involving a recent appellate decision. The issue involves the Spearin doctrine – which is the owner’s implied warranty of the adequacy and sufficiency of the project plans. The Spearin doctrine – which is based on a U.S. Supreme Court case – says that if an owner provides plans and specifications for the work, and the contractor follows those plans and specifications, the contractor is not responsible for problems resulting from the owner’s plans and specifications. The Washington state Court of Appeals recent decision (Lake Hills Investments LLC v. AP Rushforth) restricted Spearin and made it more difficult for the contractor to use it as a defense. NUCA-WA filed its amicus brief (which was joined by other construction trade associations) to the Washington State Supreme Court and asked that the Supreme Court grant review of the incorrect Court of Appeals decision in Lake Hills Investments. The Supreme Court recently granted review of the case. Only a small percentage of Court of Appeals decisions are reviewed by the Supreme Court. Oral arguments for this case are scheduled in June of this year and we will keep you posted on any further developments.

NUCA-WA Sponsors Amicus Brief in Pellco Construction vs Cornerstone Appeal

NUCA-WA sponsored an Amicus Brief in the Pellco Construction vs Cornerstone Appeal in regards to public bidding laws. Our association supports the integrity of the bidding process  by ensuring that public agencies and the contractors they employ follow procurement laws as they are written. This Amicus Brief was sponsored in conjunction with the Puget Sound Chapter of the National Electrical Contractors Association, Mechanical Contractors Association Western Washington, Sheet Metal Air Conditioning Contractors’ National Association, Washington State Conference of Mason Contractors, and the Northwest Wall & Ceiling Contractors Association. The Motion to File the Amicus Brief was submitted to the Court of Appeals and we will keep our membership up-to-date on its progress.

Safety Spotlight

Are You Dig Safe Online Trained Yet?

Our signature training class is now fully online! It is our goal to have every NUCA member dig safe trained this year, therefore Dig Safe Online Training will be FREE for all NUCA members in 2021. We have gotten over 400 people dig safed trained this year and we aim to train 750 by years end.

 CESCL Training Offered Monthly at a Discounted Rate!

Monthly CESCL full certification and re-certification training in partnership with NUCA Member, Clean Water Technologies is still being offered through the end of the year. Both classes are offered at a heavily discounted rate compared to the competition with more flexible options for members (especially during the current remote classroom work). If you have any questions about our CESCL trainings, please contact Executive Director, Liz Truong at 206-338-7381 or by email. Click below to see all available classes through September.

 Oregon 1200C Permit – Do You Know the Changes?

The Oregon 1200C permit made several changes the beginning of 2021. It is now required that if you are working on a project 1 acre or larger, you need to have a person qualified as a Stormwater Quality Inspector to perform monitoring of permit requirements.  The Washington CESCL satisfies the 1200C requirement of the Stormwater Quality Inspector criteria.

For more details on the permit changes, NUCA-WA offer a 1.5 hour workshop specific to the 1200C permit in parnership with Clean Water Technologies. If you register for one of our CESCL classes we will offer this workshop to you free of charge. We offer both live and virtual classes. Please contact Liz Truong with NUCA at Liz@aminc.org for more information.

Resources From NUCA National & Around the Industry 

Industry Panel Discussion: Market Volatility – NUCA’s Analysis Of The Current Market Supply Crisis

In recent months, NUCA members have experienced delays in delivery of steel joists, insulation, stainless steel, copper, brass and PVC piping. These unexpected additional costs are wreaking havoc on existing and pending projects. What is behind this crisis—and what can NUCA members do?

Please join NUCA’s industry experts on June 23, 12pmPST, for a webinar discussing the current market supply shortages being faced by contractors. Join NUCA Chairman Lauren Atwell of Petticoat-Schmitt Civil Contractors in Jacksonville, Fla., Tony Privitera of Mark One Electric Co. in Kansas City, Yvonne Bland of Core & Main, and NUCA of New Jersey’s Shawn Farrell, Esq. of Cohen Seglias in Philadelphia for their important analysis of this rapidly expanding supply crisis.

Our panelists will be discussing the economic conditions creating these shortages, escalating clauses in contracts, what contractors can do to mitigate the effects upon their current projects and contractual obligations, and other critical topics affecting the materials markets. You will not want to miss this exclusive NUCA webinar, so please register today.

A Win: House Committee Passes NUCA-Supported Water Infrastructure Bill

Recognizing that repairing water infrastructure requires resources, a key House committee passed on June 9th NUCA-priority legislation on a 42-25 vote. The House Transportation & Infrastructure Committee is voting on its $547 billion five-year version of the surface transportation bill this week, along with the NUCA-supported Water Quality Protection and Job Creation Act (H.R. 1915). This water infrastructure bill will provide $40 billion in funding to the Clean Water SRF, doubling what was provided for in the last authorization bill. Both bills were top issues pushed for by NUCA members during the May 26th Washington Summit. H.R. 1915 now goes to the full House for a vote, but could wind up being wrapped into a larger infrastructure bill. Read more about the House markup here.

Senate Committee Passes Important Surface Transportation Bill

As if on cue for NUCA’s Summit, the Senate’s Environment and Public Works Committee passed on a unanimous vote May 26 the five-year, $303.5 billion surface transportation legislation, increasing previous authorization levels by about 34%. This NUCA-supported bill, titled “Surface Transportation Reauthorization Act of 2021,” now heads to the full Senate for a vote. This bill may become part of the larger infrastructure package promised by Democratic leadership. It is good news that this bill is moving with bipartisan support, as it must be signed into law by Sept. 30, 2021. NUCA will keep members informed as to its progress through Congress this summer. Read more here.