Peninsula Builders Exchange Member News for October 23, 2020

Follow the Money – Here is a neat little chart that shows us who spent money (and how much they spent) in support of, or in opposition to, the various propositions on the upcoming ballot. Right side/Red/orange is oppose and left side/blue/black is support. There are some surprises on this chart!

Not many of these impact construction but it was so easy to understand I wanted to include it before the election in case anyone is interested. If you are like me you don’t remember any of them by number. The best place to get an ubiased analysis is Ballotpedia.org and use you can their search function to find the propositions you are interested in. They also have interesting narrative on backers and motives.

“I Don’t Have to Pay You if You Were not Licensed for any Time during the term of the Contract!” Yep it’s CA’s all or nothing law. If you are not licensed you are not getting paid, even if its only a momentary lapse. It’s CA’s attempt at forcing people to be licensed. The problem is that it doesn’t always fit real life. You might as well get a robot to be the judge because there is no leeway. Or is there?

A flooring contractor got a job for about $68,000. Things went well until he died. The instant that our contractor left to meet his maker, his license was technically “expired” and the company unlicensed. But he had a son and the son, (who also had a license) continued running the company. At first, according to court documents, the son did not know the license was in the late Dad’s name. But when he found out he applied to have his license transfrred to the company.

The customer didn’t quite see it that way and sued for the return of all his money alleging fraud and a bunch of other stuff because the law specifically says you don’t have to pay unlicensed contractors. Our guy decided to fight it. It turns out there is a section of the law that allows an exception under some very noarrow guidelines. Here it is: The court may determine that there has been substantial compliance with licensure requirements under this section if it is shown at an evidentiary hearing that the person who engaged in the business or acted in the capacity of a contractor (1) had been duly licensed as a contractor in this state prior to the performance of the act or contract, (2) acted reasonably and in good faith to maintain proper licensure, and (3) acted promptly and in good faith to remedy the failure to comply with the licensure requirements upon learning of the failure.

On appeal our contractor won – But he was lucky. Read the excellent full analysis of the case with lots of detail, on the California Construction Law Blog.

Change in Training for Federal Projects? Maybe, the U.S. Department of Labor's Office of Federal Contract Compliance Programs published guidance implementing President Donald Trump's executive order prohibiting federal contractors and other entities from promoting "race or sex stereotyping or scapegoating" within their workplace diversity and inclusion training programs.

The guidance, presented in a question-and-answer format, lists several examples of race or sex stereotyping or scapegoating — both of which are defined in the executive order — including concepts that a person is inherently, whether consciously or unconsciously, racist, sexist or oppressive by virtue of his or her race or sex; bears responsibility for actions committed in the past by other members of the same race or sex; or should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race or sex, among other points.

OFCCP directed those who wish to file a complaint about a training program that violates the order to a new hotline that can be accessed via phone or email. The requirements will apply to contracts entered into 60 days after the order, or Nov. 21, but the office said it "may investigate claims of sex and race stereotyping pursuant to its existing authority under Executive Order 11246." The agency also said it plans to take an initial rulemaking step — the publication of a Request for Information — next week. Full article in Dive

Most Dangerous Jobs - Twelve of the 25 most dangerous jobs as measured by the rate of people who die at work are in the construction industry, according to a recent report from business insurance analysis firm AdvisorSmith. The report found that self-employed workers were 3.3 times more like to die on the job, compared to hourly and salaried employees, by a wide margin. There were just 2.9 fatalities per 100,000 workers among salaried and wage workers, while that number

jumped to 9.4 per 100,000 for the self employed.

Many of the most dangerous jobs offer average salaries that are below the May 2019 annual mean wage of $53,490, and companies that hire workers with the most dangerous jobs have workers’ compensation insurance premiums that are higher than average, the report found.

The construction industry jobs that made the list of the top 25 most dangerous jobs include:

Derrick workers, who set up and operate drilling equipment

Roofers

Ironworkers

Crane operators

Landscaping supervisors

Highway and general maintenance workers

Mining machine operators

Cement masons

I was really surprised by Landscape supervisors being injured so much! The new data come even as overall safety rates for both fatal and nonfatal injuries within construction improved between 1992 and 2015, with fatal outcomes down about 30% over that time period, according to the Center for Construction Research and Training (CPWR), a Silver Spring, Maryland-based safety consultancy. See full article in Dive

We Forgive You – and the form is simplified for <50K Here is the press release; —The U.S. Small Business Administration, in consultation with the Treasury Department, today released a simpler loan forgiveness application for Paycheck Protection Program (PPP) loans of $50,000 or less. This action streamlines the PPP forgiveness process to provide financial and administrative relief to America’s smallest businesses while

also ensuring sound stewardship of taxpayer dollars.

“The PPP has provided 5.2 million loans worth $525 billion to American small businesses, providing critical economic relief and supporting more than 51 million jobs,” said Secretary Steven T. Mnuchin. “Today’s action streamlines the forgiveness process for PPP borrowers with loans of $50,000 or less and thousands of PPP lenders who worked around the clock to process loans quickly,” he continued. “We are committed to making the PPP forgiveness process as simple as possible while also protecting against fraud and misuse of funds. We continue to favor additional legislation to further simplify the forgiveness process.” SBA website

Pheasant and Chukar Hunting with the Exchange on November 21st. This is upland bird shooting at its best with guide, trained bird dogs and steak BBQ while they clean your birds. Here is a description of what it is like,

1100 Acre hunting preserve Guide and Dogs Your birds cleaned while you eat Steak BBQ We hunt in open fields with groups of about 4 hunters to

each guide and dog.

There are few things better than hunting birds over trained dogs on a fall morning. After lunch many members stay and shoot a round of sporting clays at their excellent course. Get your friends, family, co-workers, guests and customers together and sign up for this great day of hunting!

Because there are only a few guides this event is limited to 20 hunters. First come basis. Use the FORM to sign up and reserve your space.

Regulation, Enforcement and Pending Legislation –one item

Item one – AB 2765, O’Donnell. Public works: prevailing wages New law - CA law requires “prevailing wages” to be paid on certain construction projects. The theory is that if the government is buying

something it should at least help the people it represents make a decent living. This new law increases the “public” projects that are wage covered to include those that are “conduit bond funded” even if they are a private project. This is a type of public/private financing where a public entity issues the bonds, but a private party is responsible for paying off the debt. For our purposes this can change the wage structure on charter schools (>80 students) and some school dorm projects. The new law covers wages for even simple maintenance and remodeling work. See item one, below:

Item one – AB 2765, O’Donnell. Public works: prevailing wages New law. (1) Existing law defines “public works,” for the purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law further requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers

employed on public works and imposes misdemeanor penalties for a willful violation of this requirement.

This bill would expand the definition of “public works,” for the purposes of provisions relating to the prevailing rate of per diem wages, to also include any construction, alteration, demolition, installation, or repair work done under private contract on a project for a charter school, as defined, when the project is paid for, in whole or in part, with the proceeds of conduit revenue bonds, as defined, that were issued on or after January 1, 2021.

Because the willful violation of prevailing wage requirements when engaged in these public works projects would result in the imposition of misdemeanor penalties, this bill would impose a state-mandated local program.

Here is where you Find your California Legislator to tell them what you think.

Here is where you find your federal legislators.

Here is a link to the Santa Clara County Supervisors. Here is the link to San Mateo County Supervisors Here is the link to Alameda County Supervisors.

Covid-19 Resources – Here are some new resources for the Covid-19 Shutdown: UCON Covid-19 Page – the best one place resource!

Employer Covid-19 Handbook from CA – The State has created a handbook for businesses. Basically, it’s all about protecting employees and interfacing with government agencies in 32 pages. Get your digital copy HERE Construction in the six local counties was allowed to resume effective May 4th– Updated June 4th and 5th Here are the new guidelines, Also check your individual county for small variances as the individual counties are beginning to evolve away from their original universal ordinance: San Mateo County Updated June 4 - Small project protocol San Mateo County Updated June 4 – Large project protocol Santa Clara County has updated their construction protocols yet again. Effective 7/13. Alameda County Regulations link page

Contra Costa County Regulation link page CDC Cleanup Instructions - You can clean up on your own – outside is easy but be sure to give your employees PPE and training in how to use it and how to clean. Indoors is more complex and you may want to get some pro help. All About Virus and You - Tired of manipulative politicians and apocalypse panic porn news? Then download this, updated 8/19/20 Local government is very important to our businesses. We all should participate in it more than we do:

Here is a link to the Santa Clara County Supervisors. Here is the link to San Mateo County Supervisors Here is the link to Alameda County Supervisors.

We have a health insurance program. I’ll bet you didn’t know that! Call Tom to learn more. 650-591-4486

Credit Union - Did you know that all Exchange members and their employees are eligible to join the Provident Credit Union. They have some special stuff going on so look for the adv in this issue. Want to get a loan or sign up? Call Art at Providence:

650-801-7143

Building Business Relationships that last. Heritage Bank of Commerce has expanded its Bay Area presence further up the Peninsula into San

Mateo and Redwood City. Working with one of our industry-savvy bankers is now more convenient than ever. Member FDIC

To discuss your business banking needs call: Dustin Warford 408-792-4060

Need Some Trucks? – Many of our members get their fleets from Paul Rolandi at Mission Valley Ford. Paul has been helping Exchange members get and maintain their fleets for years. You can call Paul at 408-933-2385. This is a real fleet

dealer for construction. Trucks, SUV’s and Heavy Equipment. Sorry, no Cars. No white shoe, white belt, checkered pants salespeople giving you phony pricing and double talk. Real straight forward and easy to deal with.

Sincerely,

Tom McGinley

Executive Director

Includes: 2 pheasants, 3 Chukar cleaned,

Guide and Dog, & Lunch

Field Pass

Not Included: $30.00 each additional

pheasant

$20.00 each additional Chukar (Visa & MasterCard accepted)

Need current & valid Hunting License with Upland bird stamp or if you have an expired license bring it with you and you may purchase your new license and upland bird stamps at Birds Landing.

Non Hunters will also need this pass as well as an additional $25.00 charge for Lunch

Shot Gun Shells (recommend low base 6 shot or 7.5)

Restaurant for full breakfast starting at 7:00am

REQUIRED: Blaze orange hat or vest

They also have a very well stocked shooters ProShop

You may bring your own dog if you have your own group of 5 paid hunters. *Leslie must know at time of signup.

205.00* per hunter

Birds Landing Hunting Preserve and Sporting Clays 2099 Collinsville Road Birds Landing, CA 94512 Approximately 1 1/2 hours from San Carlos Birds Landing operates on approximately 1200 acres of prime habitat adjacent to Suisun Marsh, one of California premier waterfowl & pheasant hunting areas.

Deadline to signup will be Friday November 13th, 2020

Please return form with payment First Come First Served Check for $ __________ (205.00 per person) is enclosed . Name: (Please Print)____________________________________________________ Company Name: ________________________________________________________ Full Address: ____________________________________________________________ Phone: ___________________________________________________________________ One form per hunter / please make photo copies. Specific Names: Hunters #1 ____________ #2 ____________ #3 ____________ #4 ____________ *Possibly a chukar shortage and if so the price will be adjusted accordingly*

Mail with Payment to: Peninsula Builders Exchange 282 Harbor Blvd, Bldg D Belmont, CA 94002 *NEW ADDRESS* Phone:650-591-4486 Fax: 650-591-8108 Email: leslie@constructionplans.org

Pheasant / Chukar Hunting Birds Landing Hunting Preserve

We will be assigning groups of 4 hunters. If you want to be with a specific person please let us know when you send the paperwork with names and check. (Please no phone reservations!)

C.H.A.S.E.

Need Help With Safety?

Need Help With Safety and Environmental

Issues? The Safety Resource for Peninsula

Builders Exchange Members is C.H.A.S.E.

C.H.A.S.E. President Bill Sanborn is the regional expert on Construction

Health and Safety Issues. If you need safety advice please give him a

call!

Safety Plans (IIPP)

Construction Safety Related Training

Cal-OSHA Paperwork

Citation Defense

Environmental Issues

Employee Safety and Exposure

Ergonomics

Call Bill Sanborn at:

408-374-9565

Need help in understanding how to get decent

coverage?

Want to see if you will benefit from the 2014

changes?

Will an HSA work for my insurance needs?

Will health insurance help retain employees?

Can I posi on my income for an insurance subsidy?

How can I get “guaranteed issue” if I have health

problems?

Which carrier should I choose?

Plan Administra on and Paperwork? – Just leave it to Us!

Health Insurance Answers You Can Trust

Call Todd Taylor, our preferred Health Insurance Person for

straight forward answers you can trust. Todd has helped over

100 members!

650‐594‐5933 408‐358‐7502 Choose from any of the following plans:

Kaiser—Convenient & one close

loca on for all your health care needs

Aetna – Health plans that work

for your life

Health Net‐great alterna ve carrier

to the Blues with compe ve plans

United Healthcare – Medical

solu ons

Anthem Blue Cross & Blue Shield ‐ Largest

selec on of plans & largest PPO networks in the

state

Health Insurance Answers You Can Trust!

408‐358‐7502 or 650‐594‐593

* Annual Percentage Yield (APY) efffective December 15, 2017 and subject to change anytime without notice. 2.01% APY on balances $0.01-$25,000; 0.08% APY on balances $25,001 and over; 0% APY if requirements are not met. There is a minimum deposit of $25 to open and must be 18 or older. Other terms and conditions apply. Please visit providentcu.org for details.

** Terms and conditions apply. Please visit providentcu.org for details. *** BauerFinancial, Inc. is an independent rating agency. 1) Subject to credit rating. Up to 100% financing is available on new and pre-owned vehicles up to MSRP/Retail Kelley Blue Book value plus tax and license to qualified members. 2) Payments begin approximately 90 days after loan funding. Interest accrues from day of funding. 90-day no payment option not applicable to refinance of an existing Provident loan.

SUPER REWARD CHECKING PAYS YOU 2.01% APY*providentchecking.com

PROVIDENT SIGNATURE CASH BACK VISA® CREDIT CARD 1.50% CASH BACKprovidentcu.org/cashback

OPEN A NEW ACCOUNT WITH CHECKING AND EARN $200**

Be sure to use your $200 Promo Code 9166 and mention

you are a member of

Peninsula Builders Exchange

ENJOY LOW FIXED RATES ON BOTH NEW AND USED CARS

TAKE ADVANTAGE OF PROVIDENT CREDIT UNION

MEMBERSHIPThese benefits are being offered to members of the Peninsula Builders Exchange.

SPECIAL PROGRAM FOR

PROVIDENT CREDIT UNION

• Formed in 1950 to serve the California TeachersAssociation (CTA)

• FIVE STAR RATING from Bauer Financial*** 16 yearsin a row

• Ranked #3 in 2014 list of the Top 200 HealthiestCredit Unions in America by depositaccounts.com

To find out more information about our products and services, please contact:

Arturo PimentelAccount ExecutiveApimentel@providentcu.org(650) 801-7143

NMLS Company ID # 412725

(800) 632-4600providentcu.org

• Ask us about additional rate discounts• Up to 100% financing of purchase• First payment deferred up to 90 days• Flexible terms up to 84 months

For internal use only.

American Trust has created a preferred partnership program exclusively for Peninsula Builders Exchange. We are excited to offer our services to you and your members.

Currently the retirement industry is experiencing many changes. With looming new Department of Labor regulations, there is increased pressure on enhanced fiduciary oversight, fee scrutiny, education, advice, and participant protection. American Trust has the solution.

American Trust created ATArchitect to help participants retire successfully. ATArchitect is a sustainable retirement strategy that automatically and systematically understands participants’ needs, tracks their progress, and (re)allocates their funds to their best path. It adjusts their allocation between five ATDynamic allocation funds based on their personal characteristics, ATBlueprint® calculations, and current market conditions. It takes action based on market conditions and their unique situation. It knows when to diversify and when to make investment changes, and automatically makes those decisions for them!

American Trust Retirement is a proven leader in the industry. Our competitive advantages include maximum fiduciary protection, individually customized portfolios, targeted education programs, and comprehensive financial planning.

Peninsula Builders Exchange Preferred Program

Preferred PricingFor Peninsula Builders Exchange, we have created a volume-based set of fee schedules that will reward all members as the total group assets grow.

Partner Annual SponsorshipWe are committed to annual sponsorship of events and programs in support of the Exchange Members.

Simply better retirement. ®

Peninsula Builders Exchange282 Harbor Blvd, Bldg D |Belmont, CA 94002 | p 650.591.4486 | f 650.591.8108