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One Foursome Left for AGC Affiliate Day Golf! Claim it by 5 PM Today!

This just in! One Foursome is available at AGC Affiliate Day Golf this Friday at Singing Hills Golf Club at Sycuan.

August 9 - 8:00 am Registration - 10:30 am Shotgun start!

Let us know by 5 PM Today!

By some random strike of fate (for you!), we’ve got one foursome that recently became available! Our members love to golf, so this offer won’t be available long. First come, first served.

This is always the premier golf event of the year with 300 members in attendance! Not to mention the Bloody Mary/Vodka Bars, a bratwurst lunch, an ice cream truck, fun exhibitor displays and gifts, ribeye steak/chicken barbeque, tee prize, and raffle prizes galore!

Reply before 5:00 PM to get the spot, but don’t wait or it may be too late! Now’s your final chance. If needed, we can use TBDs for your golfers when they check in using your company name.

Act now and reach out to us here (Use subject line: Final Foursome).

Courting: A Brief History of SCOTUS and a Reminder of AGC Wins

By Dustin Steiner, Vice President Government & Industry Relations

In what may be his swan song, President Joe Biden is talking about Supreme Court reform. Responding to growing frustrations within his party, Biden is hoping to start at least the conversation about term limits (ironic coming from a man who himself has been in public office nearly 50 years), a code of ethics with enforcement, and in response to the recent SCOTUS ruling on “presidential immunity,” a constitutional amendment to reverse that decision.

If you remember your high school civics course, you’ll recall constitutional amendments require passage by 2/3 of the House AND Senate before being ratified by 3/4 of the states. In other words (checks Magic 8 Ball) - “very doubtful.” But, regardless of Biden’s ability to make any substantive reforms over the next six months, he’s undoubtedly started the conversation, which will likely continue with his successor – whomever it may be.

Having spent some time in our Nation’s Capital, including giving tours of the “old” Supreme Court, which is a small room located in the basement of the Capitol itself, and visiting the actual highest court in the land – a basketball court that sits one floor above the current chambers (Yes, this is real!), I thought it would be fun to look at the history of the courts in this country and how we got to where we are.

According to History.com, “With the first bill introduced in the U.S. Senate—which became the Judiciary Act of 1789—the judicial branch began to take shape." The act set up the federal court system and set guidelines for the operation of the U.S. Supreme Court, which at the time had one chief justice and five associate justices. During the long tenure of the fourth chief justice, John Marshall (appointed in 1801), the Supreme Court assumed what is now considered its most important power and duty, as well as a key part of the system of checks and balances essential to the functioning of the nation’s government: judicial review.

Judicial review—the process of deciding whether a law is constitutional or not, and declaring the law null and void if it is found to conflict with the Constitution—is not mentioned in the Constitution but was effectively created by the Court itself in the important 1803 case, Marbury v. Madison. Judicial review established the Supreme Court as the ultimate arbiter of constitutionality in the United States, including federal or state laws, executive orders, and lower court rulings. In another example of the checks and balances system, the U.S. Congress can effectively check judicial review by passing amendments to the U.S. Constitution.

Suffice it to say, the courts play a critical role in this country. AGC of America recently notched some big wins in the courts and hopes to carry that momentum with litigation to protect construction companies.

You may recall that last summer AGC had three wins at the Supreme Court in the Ciminelli case, Sackett case and the Glacier Northwest case. The judicial advocacy continues as AGC is actively challenging government overreach in the courts —

1. U.S. DOL’s new Davis-Bacon Prevailing Wage Rule expands the scope of work covered by the Act and applies Davis Bacon retroactively to already executed contracts. Learn more.
2. U.S. EPA’s new PFAS Superfund Rule that designates “forever” chemicals as hazardous, imposes significant financial and legal burdens on contractors and could lead to costly litigation and stricter waste disposal practices. Learn more.
3. U.S. OSHA’s new Walkaround Representative Rule allows more non-employees to join workplace inspections, thereby infringing on employer rights and increasing risks and costs for contractors. Learn more.
4. NLRB’s new Joint Employer Rule broadens the circumstances under which construction firms are the joint employers of another company’s employees, making them liable for unfair labor practices. Learn more.
5. U.S. EPA and USACE’s definition of Waters of the United States fails to implement US Supreme Court language assessing whether certain features will be considered federally controlled waters. Learn more.

Lawsuits are expensive and AGC’s involvement as a party/plaintiff in these lawsuits was made possible thanks to your contributions to the Construction Advocacy Fund. Please click the link and consider donating today!

Caltrans Beefs Up Bridge Inspection

By Mike McManus, Director of Engineering Construction & Industry Relations

Most of us take the safety of our nation’s bridges for granted. The track record of bridge safety in recent years has been due to a systematic approach to inspecting the nation’s bridges in every state in the Union. This regular inspection of our bridges was started due to a well-known bridge collapse over 50 years ago.

The Silver Bridge over the Ohio River collapsed in Point Pleasant, West Virginia, on December 15, 1967, killing 46 people. The tragedy brought nationwide attention to the issue of bridge safety. At the time of the collapse, the number of highway bridges in the country was unknown and there was no systematic inspection program to monitor the condition of our highway bridges. That changed with the Federal Aid Highway Act of 1968.

By 1971, the Federal Highway Administration (FHWA) had established the National Bridge Inspection Standards (NBIS). This new standard required each state Department of Transportation (DOT) to inspect all bridges in the state every two years and standardized the qualifications of bridge inspectors. The program has been very successful. In 2000, the percentage of bridges in poor condition was 11.9%. By 2022, the percentage of bridges in poor condition had dropped to 6.9%.

In California, those inspections are carried out by Caltrans’s Office of Structure Maintenance and Investigations. The bridge inspectors are responsible for maintaining the safety and integrity of 26,000 bridges owned by the state and local government. Of those 26,000 bridges, 13,300 bridges are state highway bridges maintained by Caltrans and 13,400 are on local roads maintained by the local government. These inspectors are also responsible for inspecting the state highway tunnels and overhead sign structures. There are 103 tunnels and 19,000 overhead sign structures on state highways.

Most inspections are considered “routine” and are at two-year intervals. The purpose of these inspections is to determine the physical and functional condition of the bridge, or tunnel. The average age of the state’s highway bridges is 50 years. Caltrans has been saying for some time that bridge rehabilitation is picking up steam, which is good news for bridge contractors.

Caltrans is now beefing up its inspection efforts due to some changes made in 2022 to the NBIS. Caltrans is increasing its budget for the Office of Structure Maintenance and Investigations by $8.5 million annually, which will fund 28 more inspectors for a new total of 170 and some new specialized equipment to make the inspectors more efficient.

The change to the NBIS is twofold. FHWA has increased the number of items that the DOTs must report about each bridge, significantly increasing the inspection effort and reporting on each bridge. The DOTs must also do more “in-depth” inspections with inspectors having to get a “hands-on” look at various elements of some bridges which will take more time and special equipment to reach the underside of bridges. The inspection frequency of some bridges will increase. Bridges in poor condition must now be inspected every 12 months. Sixty non-redundant steel bridges must also be inspected at 12-month intervals.

With the passage of SB1 in 2017 and the federal Infrastructure Investment and Jobs Act in 2021, there has been money to start improving the condition of the state’s highway bridges. But so far, it seems that the process of permitting, developing, and advertising projects for bids has not kept pace with the decline of our aging bridges. The percentage of bridges rated in “good” condition in 2018 was 60.3%, that percentage has fallen as of 2023 to 44.1%. The percentage of bridges rated in “fair” condition in 2018 was 35.7%; that percentage has risen to 51.1% as of 2023. The percentage of bridges in “poor” condition has stayed steady, 4.0% in 2018 and 4.8% in 2023. 

New Regulation for Heat Illness Prevention in Indoor Places of Employment

The California Occupational Safety and Health Standards Board implemented a new regulation Heat Illness Prevention in Indoor Places of Employment on July 23, 2024.

The regulation applies to all indoor work areas where the temperature equals or exceeds 82 degrees Fahrenheit when employees are present. Click here to read more about the new regulation.

Cal/OSHA has two upcoming webinars that go over this regulation, they also allow for a Q&A from participants through the chat function:

• August 6, 2024 1:00-2:30 Registration Link: Webinar Registration - Zoom
• August 12, 2024 1:00-2:30 Registration Link: Webinar Registration - Zoom

AGC Blood Drive Results

Thank you to all the donors who came to support the AGC Blood Drive. We collected 480 pints of blood for the San Diego Blood Bank and LifeStream. The AGC Blood Drive continues to hold the record for the Third Largest Blood Drive in the County!

We would like to recognize the AGC host members, who helped make this year's Blood Drive a huge success:

Balfour Beatty

Countywide Mechanical Systems, LLC

C.W. Driver, LLC

Dynalectric Company

Erickson-Hall Construction Co.

FILANC

Hawthorne Cat

Hazard Construction Engr LLC

Hensel Phelps

PCL Construction

PRAVA Construction Services, Inc.

Sherwood Mechanical

Sundt Construction, Inc.

Swinerton

TC Construction Company, Inc.

If your company is interested in hosting a blood drive next year at your office, please contact Marcy Knopman (619) 592-4527.

Apply Now For Project Management Course Scholarships

The AGC San Diego Chapter is offering five full scholarships for the 2025 AGC San Diego Construction Project Management Certificate Program. Each scholarship covers the $3,250 tuition. This transformative 26-week program is going into its 20th anniversary of producing rising stars!

Click here to learn more and to download application.

Spotlight Your Achievements! AGC of America Launches Awards Season

AGC of America is proud to announce the launch of the 2025 AGC Awards competitions!

This year a new category, the Bowen Prize for Great Builders, has been added to the awards program. The Bowen Prize winner will have the opportunity to select a construction education program to receive a $50,000 award. Click here to learn more.

AGC of America Needs Your Help: Take This Survey on Construction Labor Shortages Today

Survey closes August 16 

AGC of America wants to understand how labor shortages, supply chain challenges, and inflation impact the construction industry. The more members who take the survey, the better able we will be to describe labor market conditions where you operate. Please take a few minutes to complete the workforce survey.

2024

August 9, 2024 - Affiliate Day Golf - Singing Hills Golf Club/Sycuan - Sponsorships available

September 19, 2024 - Public Agency Showcase - San Diego Yacht Club

October 7, 2024 - AGC Fall Golf - Country Club of Rancho Bernardo

October 17, 2024 - CLC Cool Cars & Tech Tools Expo - AGC HQ Lakeside

October 30, 2024 -TECH TALK: Digital Transformation - AGC HQ Lakeside

December 14, 2024 - Christmas in Coronado - Hotel Del Coronado

AUGUST MEETINGS

Wednesday, August 7, 2024 - 7:00 AM - Safety Committee - Lakeside

Thursday, August 8, 2024 - 1:00 PM - City of San Diego @ City Office

Wednesday, August 21, 2024 - 7:30 AM - Build & Serve Charitable Alliance - Virtual

Thursday, August 22, 2024 - 11:30 AM - HR Practices Committee - Lakeside

About Monday Morning Quarterback

AGC San Diego Chapter's Monday Morning Quarterback is a "hot off the press" and to the point Monday morning briefing on the important issues facing San Diego's construction industry. It is prepared by AGC Chief Executive Officer, Eddie Sprecco, and Vice President Government & Industry Relations, Dustin Steiner.

Please contact Eddie Sprecco or Dustin Steiner with your comments, or with information that should be conveyed to the industry through this service. Well over 3,000 individuals employed by AGC member firms are part of this system.

AGC San Diego Chapter, Inc.

The VOICE of Construction

(858) 558-7444

agcsd.org

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