I would like to send a tremendous thank you to all LCCA members for their part in achieving HUGE election victory on April 7^th. Granted, it was a non-binding advisory Lake County referendum to extend Route 53 to Highway 120, but a 76% YES vote was truly overwhelming.

LCCA was extremely active and took the lead role in the winning Build53Yes.org coalition of businesses, labor organizations, trade and professional associations, public officials and everyday citizens who live and work in Lake County. The Build53Yes.org website was instrumental in attracting attention and distributing information about the referendum. Thousands of visitors stopped at the website and its affiliate social networking pages on Facebook, LinkedIn and Twitter. Material developed from the website was in turn sent out via multiple blast email.

More than a 1,000 new bumper stickers and yard signs were printed and distributed. The biggest event of the campaign was a press conference attended by more than 130 people that featured presentations by several area mayors and representatives from the Lake County Chamber of Commerce, Farm Bureau, organized construction labor and LCCA.

With all of this activity, local media outlets became engaged in the campaign. LCCA’s work in Build53Yes.org generated more than 25 print news stories and several radio interviews.

And the public responded – 76% to 24%.

Despite this overwhelming consensus vote, opponents of Route 53 are continuing to obstruct the process. Last week, opponents inserted “poison pills” into a Lake County Board resolution to block or delay any potential state legislative or administrative action. Undeterred, LCCA and the Build53Yes.org coalition will press forward with meetings in Springfield with Speaker Madigan and Governor Quinn.

Thank you again for helping LCCA and Build53Yes.org win the first battle of the new campaign. Much work and many battles remain ahead to bring the project to fruition. Together we can and will reach that goal!

As promised, LCCA’s April 2^nd Expo was a resounding success. Nearly 30 member companies exhibited in addition to over 2,700 square feet of equipment, trucks and cars in LCCA’s first-ever Car, Truck & Equipment Show.

LCCA would like to extend a special thank you to our exhibitors who are sponsored the evening and without whom the event would not be possible:

Assurance Safety Consulting
BHFX LLC
Baker Corp.
Best Sanitation Services
Bornquist, Inc.
Burris Equipment Co.
Corporate Imaging Concepts
Erosion Control Concepts/Mojo Riser Inc.
ITT Industries Flygt Corp.
Hard Rock Concrete Cutters
John Sakash Co., Inc.
Lance Construction Supplies
Lee Jensen Sales
Mt. Carmel Stabilization Group
Metrolift, Inc.
NES Rentals
Northern Illinois Mack
Osco Oil
Patten Industries, Inc.
Payne & Dolan
Positioning Solutions Co.
Road Rage Designs
Rockenbach Chevrolet
Rock Solid Stabilization
Thatcher Foundations, Inc.
U.S. Cellular
Waukegan Roofing
Zeigler Associates, Inc.

The 2009 LCCA Membership Directory & Buyer’s Guide has been finalized and sent to the printer. The directories should be mailed out to members within the next couple of weeks. Additional copies will be available until supplies run out. Call Sherry at the LCCA Office to order additional directories. A special thanks to the advertisers in this year’s directory.

Air Con Refrigeration & Heating
BakerCorp.
Ragnar Benson, LLC
Best Sanitation Services
Bornquist, Inc.
Burris Equipment Company
Chicago Area LECET
Hard Rock Concrete Cutters
Happ Builders, Inc.
I.B.E.W. Local 150
Lake County Building Trades
McCann Industries, Inc.
NorStates Bank
Ogletree Deakins
Osco Oil, Inc.
Ernie Peterson Plumbing, Inc.
Ritchie Bros. Auctioneers
Roughneck Concrete Drilling & Sawing
Sprinkler Fitters Local Union #281
Wm. Schwartz & Co.
The VanderBloemen Group
Waukegan Roofing Co.

On Monday, April 20, 2009, LCCA hosted its annual Labor Reception at Mickey Finn’s in Libertyville with local construction union business managers and business agents. This informal get-together has been a helpful relationship building tool for many years. More than 60 LCCA contractors and labor leaders met over pizza & beer to discuss the summer construction market and hopes for a rebound in the economy.

On April 6, 2009, Governor Pat Quinn repealed the executive order established by his predecessor to match the new Ethics/Pay-to-Play law. That executive order barred any contractor doing business in excess of $50,000 per year with the state of Illinois from making any contributions to legislators, or those seeking legislative office. The Ethics/Pay-to-Play law which bars these contributions for constitutional officers and requires contractors to register with the State Board of Elections REMAINS IN EFFECT.

Bottom line – contractors:
1) are still required to register with state board;
2) are permitted to contribute to legislators again;
3) but still cannot contribute to constitutional officers.

Just in time for Earth Day, a proposed Cook County ordinance has been introduced to the Cook County Board. The proposal was assigned to the Construction Committee, but no hearing has been scheduled. A similar proposal is anticipated within the Chicago City Council. It’s probably only a matter of time before this effort hits Lake County. ASA Chicago is currently seeking comments from its members, from LCCA and other construction organizations. It is important that all construction groups work together to block unworkable regulations and/or help craft positive language. A copy of the ordinance has been sent to the LCCA Board of Governors and Government Affairs Committee and, based on their response, LCCA will forward relevant comments on to ASA Chicago.

As proposed, the Cook County Ordinance would:

1)    Apply to contractors that enter into a public works contract ($2 million or more for work on any building, structure, tunnel, excavation, roadway, park or bridge) with a public agency, except within the City of Chicago.

2)    Require solicitations for public works contracts and the contract itself to include a specification that contractors use ultra low sulfur diesel (sulfur content of no more than 15 parts per million) for diesel motor vehicles, non-road vehicles (vehicle or equipment powered by a non-road engine) and stationary generators (non-mobile machine that uses diesel fuel to produce electrical energy).

3)    Require within 2 years that solicitations for public works contracts and the contract itself include a specification that contractors shall not operate any heavy-duty vehicle (gross vehicle weight rating of at least 8,500 pounds) unless the vehicle has installed Level 3 Controls (verified diesel emission control device that achieves particulate matter emission reduction of 85% or more from uncontrolled engine emission levels). The following would be exempt from this requirement:

    a)    Heavy-duty vehicles on the construction site working three days or less over the life of the project.
    b)    Department of Environmental Control makes a written finding that such vehicle cannot be retrofit with Level 3 Controls, in which case Level 2 Controls (verified diesel emission control device that achieves a particulate matter emission reduction of 50% or more from uncontrolled engine emission levels) shall be installed unless the Department issues written finding that this cannot be achieved then Level 1 Controls (verified diesel emission control device that achieves a particulate matter emission reduction of 25% or more from uncontrolled engine emission levels)
    c)    Heavy-duty diesel vehicle that has operational Level 2 Controls installed prior to the effective date of the ordinance shall have one additional year to install Level 3 Controls.
    d)    Contractors that own or operate a fleet consisting in the aggregate of five or fewer heavy-duty diesel vehicles shall have an additional two years to comply.

4)    Require within 2 years that solicitations for public works contracts and the contract itself include a specification that contractors shall not operate any diesel non-road vehicle unless it has Level 2 Controls. The following would be exempt from this requirement:

    a)    Diesel non-road vehicle on the construction site working three days or less over the life of the project.
    b)    Diesel non-road vehicle if the Department makes a written finding that such vehicle cannot be retrofit with Level 2 Controls, in which case Level 1 Controls shall be installed.
    c)    Diesel non-road vehicle that has operational Level 1 Controls installed prior to the effective date of the ordinance shall have one additional year to install Level 2 Controls.
    d)    Contractors that own or operate a fleet consisting in the aggregate of five or fewer diesel non-road vehicles shall have an additional two years to comply.

5)    Beginning January 1, 2014 solicitations for public works contracts and the contract itself include a specification that contractors shall not operate any diesel non-road vehicle unless it has Level 3 Controls. Upon submission by the contractor to the Department of appropriate and sufficient documentary evidence, the following would be exempt from this requirement:

    a)    Diesel non-road vehicle on the construction site working three days or less over the life of the project.
    b)    Contractors that own or operate a fleet consisting in the aggregate of five or fewer diesel non-road vehicles shall have an additional two years to comply.

6)    Costs associated with meeting these requirements are incidental to the overall contract and no additional time or monies will be granted to the contractor for compliance with these requirements.

7)    Thirty days before starting work, the contractor shall submit to the Department for approval a list of all heavy-duty diesel vehicles, non-road vehicles and stationary generators to be used on the project. The list must include:

    a)    Contractor and subcontractor name, address and contact person responsible for vehicles and equipment.
    b)    Equipment type, manufacturer, engine model, year, engine certification (Tier rating), ECM calibration, horsepower, plate, serial number and expected fuel usage and/or hours of operation.
    c)    Pollution control technology installed, technology type, serial number, make, model, manufacturer, EPA/CARB (California Air Resources Board) verification number/level and installation date.

8)    Require contractor to submit a request to bring additional vehicles or equipment on the site and receive prior approval.

9)    Require idling of diesel on-road motor vehicles and non-road vehicles to be minimized and shall not exceed time allowed under state and local laws.

10)    Require public works contracts to include enforcement provisions within the contract.

11)    Solicitations for public works contracts and the contract itself shall include provisions for independent monitoring and inspection of the contractor’s compliance.

12)    Contractor shall be liable for a fee of $200 for the review of the contractor’s compliance and the County may deduct the fee from monies otherwise due to the contractor.

13)    All vehicles and equipment will be subject to random inspections to ensure full compliance. Any vehicle or piece of equipment found in violation must be removed or retrofitted within 24 hours or the contractor will be subject to liquidated damages until it is removed. Liquidated damages of $5,000 per vehicle or piece of equipment and per day up to $50,000 per vehicle or piece of equipment and the County may deduct these liquidated damages from monies due the contractor.

14)    False statements by a contractor shall result in liquidated damages of $10,000 for each statement. Fees and liquidated damages shall be placed in the Cook County Environmental Management Fund.

15)    The Department shall promulgate rules within six months of the effective date. The ordinance would take effect upon adoption.

If you have any comments on this proposed Cook County ordinance, please contact Tim Penno via email tpenno@lcca-il.org or via phone at (847)623-2345.

Capital/Budget/Taxes – Rod Blagojevich may be gone (as Governor, but not from news headlines), but legislation in Springfield continues to move at a snail’s pace. Unlike last year’s deadlock between the Speaker, Senate President and Governor, most observers believe that deals will be reached on a budget, a capital spending program and a taxing mechanism without forcing the extension of the legislative session into the summer.

An increase in the motor fuel tax is expected. An increase in the income tax rate is also anticipated. Other revenue streams will also need to be tapped to fund capital projects and fill the state’s $11 BILLION budget deficit. No one has any details or specifics yet. Hide your wallets!

School Funding – Further complicating the budgetary process is a school funding lawsuit brought by the Chicago Urban League based on the 2003 Illinois civil rights law. It’s also casting a huge shadow on the political process. A judge recently threw out much of the suit, but left enough of it intact that a forced injunction against the state's school funding system could occur. Several Chicago legislators are calling for Attorney General Lisa Madigan to settle the lawsuit and agree to a new school funding system without input from the Legislature or Governor Quinn. AG Madigan, of course, is widely expected to mount a primary challenge versus Governor Quinn.

"This is a golden opportunity for Lisa Madigan and Pat Quinn to show the African-American community and the Latino community where they stand on the school funding argument," Sen. James Meeks (D-Chicago) recently said while warning, "The one that's with us, we're more likely to be with them." No pressure there!

Construction Legislation (ICIC) – At the same time, LCCA continues to work through ICIC on other construction industry legislation. A summary of major legislation that ICIC is actively supporting or opposing is attached. This is not an exhaustive list and additional information is available on ICIC’s website at www.illinoisconstruction.org.

Of special note, HB 2651 has been introduced to revise and increase penalties for someone who receives compensation for public work and fails to provide the services required under the contract. The revision provides that knowingly failing to provide all services required under a contract constitutes a FELONY. The person making the decisions can be convicted. On the surface, the changes seem to represent a clean government approach to removing bad actors from the state contracting process.

However, under this bill the attorney general can also prosecute a civil action to against the individual or corporation seeking treble damages. Some school districts may attempt to use this act as a defense to contractors' payment claims. LCCA/ICIC will work to find ways to remove this section or add other language that there is no private right of action under this act.

The US EPA announced that between $10 to $25 million will be available for the clean-up of Plant 2 at the Outboard Marine Corp. site on Waukegan's lakefront. The money is part of the American Recovery and Reinvestment Act and will be used in the clean-up of Plant 2, an old manufacturing plant that was part of the OMC complex of buildings. The building will be torn down, the site will be excavated and all PCB (polychlorinated biphenyls) containing material will be disposed of off-site. With the clean-up of this building and site, the clean-up of the Harbor can begin sooner rather than later.

Construction Industry Service Corporation (CISCO) will formally announce and present its 2009 scholarship winners at CISCO’s 21^st Annual Luncheon on Friday, April 24, 2009 at Maggiano’s Little Italy in Schaumburg. The event will also feature guest speaker Illinois Attorney General Lisa Madigan.

LCCA’s own Paul Stuckey of Stuckey Construction Co. will be announced as a winner of a two-year Continuing Education Scholarship. Paul is earning a civil engineering degree from Marquette University. The CISCO scholarship program was established in 1994 to provide educational support to the families of building trade union members and contractors.