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On the cover

2011-2012 CAWV President GeneThompson, Ahern, a division of KokosingConstruction Company, South Charleston,spent his year steadfastly protecting theconstruction industry. His drive anddetermination for taking care of businesstranslated into long hours at the West VirginiaLegislature and in committee meetings. WestVirginias for Better Transportation, theCAWV/WVDOH Joint CooperativeCommittee, efforts with West Virginia’s U.S.Senators and Representatives and over twodecades worth of roads a bridges bearwitness to his tenacity. For more on theoutgoing president, see page 6. Cover photoby Pat McDonald.

The Contractors Association of West Virginia is a nonprofit trade organization representing thebuilding, highway, heavy and utility contracting industries in West Virginia. Its services includeestablishment of a close working liaison with state and federal agencies; worthwhile educational andinformational programs; the regular dissemination of pertinent information to its members; stronglegislative and media relations; as well as all other activities deemed necessary and proper to promotethe general welfare of the construction industry. The CAWV is a certified chapter of the AssociatedGeneral Contractors of America and the American Road and Transportation Builders Association.

West Virginia Construction News, the official publication of the CAWV since 1937, is publishedbimonthly. Advertising and editorial deadlines are on the first of the month preceding the month ofpublication. Material may be reprinted only with the permission of the editor. Advertising and editorialoffices are at 2114 Kanawha Boulevard, East, Charleston, WV 25311, telephone (304) 342-1166, Fax(304) 342-1074, Web Site www.cawv.org, Email: cawv@cawv.org. Yearly subscription rate to CAWVmembers, $7; non-members, $8; single copies, $1.50.

CONTENTS

Cover Story:

2011-2012 CAWV President Gene Thompson: Taking care of business ...........................................................................6

Features:2012-2013 CAWV Officers and Directors ..............................................10CAWV Annual Meeting attendees hear about the importance of a “Personal Touch” .........................................................12Background and criminal checks: Knowing where your employees stand............................................................................30

Construction briefs ..............................................................................32

New members.......................................................................................39

Advertisers ..........................................................................................46

Official Publication — CONTRACTORS ASSOCIATION OF WEST VIRGINIAFor 75 years, "The Voice of Construction in the Mountain State"

Officers*President

B. Lee Snyder

*Senior Vice PresidentPhillip L. Weser

*Vice PresidentDaniel B. Flesher

TreasurerDan Cooperrider

SecretaryC. R. Neighborgall IV

*Immediate Past PresidentGene E. Thompson

DirectorsDouglas P. Meeks

Scott PiersonRoger W. Thomas

AGC National DirectorsArt King

Charles R. Neighborgall IIIRobert O. Orders

Robert O. Orders Jr.Richard C. Smailes

ARTBA National DirectorsLeo A. Vecellio Jr.

Chairman, AsphaltPavement Association

Ed Phares

Chairman, Building DivisionJamie B. Ridgeway

Chairman, Highway/HeavyDivision

Nathaniel R. Orders

Chairman, Utilities DivisionMichael Gianni

*Chairman, AssociateDivision

Gregory A. Burton

Vice Chairman, AssociateDivision

Philip Browne

Past President DirectorsDavid B. AlvarezJames E. Brown

John S. CastoRodney W. Clay

J. Steven CvechkoJames W. Dailey II

Art KingJack B. Lively

James MattinglyCharles R. Neighborgall III

Robert O. OrdersRobert O. Orders Jr.Richard C. SmailesJohn H. StricklandRonald B. Snyder

Ronnie E. SpradlingGary D. Young

StaffExecutive DirectorMichael L. Clowser

Director of Member ServicesPatrick E. McDonald

Director of AdministrationWendy M. Long

Communications ManagerLindsay C. Stephens

Staff AssistantCheryl R. Clark

Executive DirectorAsphalt Pavement Association

Patrick M. Parsons

Office ManagerAsphalt Pavement Association

Alice H. George*Executive Committee

July / August 2012VOL. 75 NO. 4

MICHAEL L. CLOWSER LINDSAY C. STEPHENSEDITOR ASSISTANT EDITOR .

91

GENE THOMPSON2011-2012 CAWV PRESIDENT

TAKING CARE OF BUSINESS

6 J u l y / A u g u s t 2 0 1 2

The CAWV’s 2011-2012 PresidentGene Thompson’s drive for “nononsense business” was learned

the hard way at the beginning of hiscareer, but it is a lesson he recountsas one of his most memorable.

“In 1981 I was asked to run a $25million methanol plant foundationproject in East Malaysia,” he said.“The project manager had gotten sickwhile at home and I was supposed tostart the job up from scratch until theycould get a replacement. I never gotreplaced. I was 27 years old andrunning a $25 million project in themiddle of nowhere with about 100workers. I got the job done and mademoney. I learned quickly how to getthings done; I had to, there was noother choice.”

The New Orleans native brought hisdetermination for a job well done toWest Virginia in 1988. Recommendedby a recruiter, Thompson moved tothe Mountain State, for what heexpected to be a temporaryassignment.

“On one particularly difficult day, thephone rang and it was Jim Ahernoffering me a job in West Virginiaworking with him at Danis Industries,”he said. “I was supposed to spendtwo years in West Virginia and thentransfer to Florida. Before the twoyears came, Danis shut down theirhighway construction division. In1990, we started Ahern & Associates.

“I read blueprints, not balancesheets,” he said. “I started as a fieldguy, and spent most of my careerworking as a superintendent andforeman. I spent most days on a jobsite wearing a nail bag. When you dosomething yourself, with your hands,you really know it. You know how longit takes, how much it costs and what itreally takes to get a job done.”

Thompson cites his hands onexperience as the extra edge that tookhis career to the next level. Althoughhe didn’t realize it at the time, hisdirect construction experience shapedhim into the business man, industryleader and company mentor that he istoday.

The CAWV’s 2011-2012 President is an expert at taking care of business. GeneThompson, vice president of Ahern, a division of Kokosing ConstructionCompany, South Charleston, has always been driven by the satisfaction ofgetting a job done. Roads and bridges throughout West Virginia bear his markof excellence, and now CAWV does too. Thompson approached his job asleader of the state’s largest construction industry with an unparalleled tenacityfor taking care of business. Whether on a jobsite, in the office, or representingthe construction industry at the state Capitol, Thompson never lost sight of hisgoals. Thompson is pictured standing on the Keyser-McCoole Bridge. The $23million bridge replaces the aging Memorial Bridge and connects West Virginiawith Maryland.

C O N S T R U C T I O N N E W S 7

As leader of the state’s largestconstruction trade association,President Thompson just wrapped upa very busy year. Members saw him atnearly every association function,many legislative meetings andhearings, press releases, committeemeetings and receptions.Thompson’s tenacity for representingthe construction industry served toprotect it from several overlyburdensome regulations and nurturethe industry’s fragile recovery.

“My first visit with the West VirginiaLegislature was in 1993,” he said. “Abig group of CAWV members visitedthe state capitol and put nickels on ourlapels. We were successful in gettinga nickel gas tax passed that yearbecause of the participation ofassociation members.”

Experiencing the first-hand impactthat participation can have, PresidentThompson worked hard to getmembers to take part in associationfunctions. He made many personalphone calls urging members to attendWest Virginians for Better Trans-portation’s inaugural “TransportationDay at the Capitol.” That eventbrought over 200 coalition memberstogether in bright yellow safety veststo communicate to legislators that“Roads = Jobs.” The goal of the eventwas to make sure legislatorsrecognized that additional highwayfunding is needed and that the historicfunding streams are deteriorating.

Thompson testified before a jointmeeting of the House and SenateTransportation committees, tellingthem about the impact that fundinghighways has on the economy, andexplaining the trickle down of fundsspent on construction through thecommunity.

“Revenue enhancement is critical andvery challenging,” Thompson toldlegislators during Transportation Day.“Money spent on constructionimpacts the entire economy.Engineers, contractors, materialsuppliers, equipment dealers, andprofessional services such as banks,insurance agencies and lawyers alldepend on construction activity.”

The President explained that industryjobs are down 20 percent from theirpeak in 2006 of 40,000 and toldlegislators that transportation fundingequals high quality jobs that support alot of people. Thompson’s experiencereinforced his belief that the CAWVand its members need to be veryinvolved in the political process.

“Success takes time,” he said. “If wearen’t involved with the politicalprocess, we may get run over by it. I’m

not sure if I accomplished anything,but I may have helped preventsomething from being enacted thatwould have hurt our businesses.”

The 2011-2012 President’saccomplishments were significantindeed, despite his modest account.Thompson made sure that lawmakersunderstood the level of economicimpact construction has on the state.He met with Senate leadershipincluding President Jeff Kessler,

CAWV President Gene Thompson, Ahern, a Division of Kokosing, flanked by Charleston Mayor DannyJones (left) and SBA Executive Director Dr. Mark Manchin (right), told reporters in August 2011 that theCharleston Metro Statistical Area experienced the fifth highest growth in the nation - 2,300 jobs betweenJuly 2010 and July 2011, a 15 percent increase. The press conference was held in conjunction with theAssociated General Contractors (AGC) of America.

Representative Shelley Moore Capito, R-WV, listens intently as President Thompson discusses highwayfunding. Thompson, who was very politically active on the federal and state level, led a delegation toWashington, D.C. in May. Rep. Capito discussed the progress being made on a new federal highway bill,water and sewer funding, and regulations that are impacting construction. President Thompson alsothanked Rep. Capito for voting to repeal the 3% withholding mandate on all construction contracts, whichwould have been detrimental for business.

8 J u l y / A u g u s t 2 0 1 2

Finance Committee Chairman RomanPrezioso and Transportation andInfrastructure Chairman Bob Beach,encouraging them to support fundingfor the State Road Fund and othertransportation programs. He also metwith the Senate’s counterparts in theHouse of Delegates: Speaker RickThompson, Finance Chairman HarryKeith White and Roads andTransportation Chair MargaretStaggers.

“I had fun representing theconstruction industry at thelegislature,” he said. “I realized thereare some good people there, andsome “good intentioned people” whomay not understand what it takes torun a business.”

With Kokosing’s $24 million Nitro-St.Albans bridge project underway in thebackground, Thompson watched asGovernor Earl Ray Tomblin announcedthe formation of a Blue RibbonHighway Commission developed tostudy the condition and needs of thestate’s transportation system.

The Governor was joined by SenatePresident Kessler, House SpeakerThompson and TransportationSecretary Paul Mattox in announcingthe commission. Comprised of stateofficials, members from statewideconstituency groups, representativesof counties and municipalities,members of the legislature andcitizens, the group will report theirfindings – including suggested fundingsources – to the legislature inFebruary.

“The Blue Ribbon HighwayCommission is, in part, the result ofthe efforts of West Virginians for BetterTransportation and CAWV membersduring the last legislative session,”Thompson said. “It is encouraging tosee movement on such a large andcritical issue.”

Movement on transportation fundingsolutions was not the President’s onlyaccomplishment. He spent countlesshours at the Capitol during thelegislative session on a bill that wouldhave mandated the use of American

made goods in all public worksprojects.

“Who doesn’t want to buy American,”he asked. “Unfortunately, the reality ofa broad mandate to use onlyAmerican-made products in publicconstruction is that it could beeconomically unfeasible oradministratively unworkable. It couldtake a lot of money that stateagencies, county commissions,boards of education, park boards andcities don’t have.”

Thompson’s dedicated representationat the Legislature was coupledthroughout his presidency withpromoting the economic recovery ofthe construction industry. Right aftertaking office in July 2011, he wasgiven good news, as the AssociatedGeneral Contractors (AGC) of Americaissued a press release showing thatWest Virginia’s Charleston MetroStatistical Area was ranked 5thnationwide for job growth. The statehas remained in the top 10 for jobgrowth throughout the year. At a pressconference held at the newlyconstructed West Side ElementarySchool, Thompson’s elation wasmatched with trepidation, as hecommunicated the fragile nature of theindustry’s job growth.

“One of the main reasons constructionemployment is growing in Charlestonis because of public sectorinvestments that are being made atthe local, state and federal levels.While the structures these newconstruction workers build are sturdy,the jobs they have are still fragile,”Thompson warned. “With federal,state and local budgets tight andgrowing tighter, there will be a lot oftemptation to cut investments inpublic buildings and infrastructure.That is something we must avoidbecause it will put people out of work,hurt our economy and cost taxpayersmore in the long term.”

Thompson faces the impact of anailing economy frequently as hepromotes the CAWV’s scholarshipprogram. As CAWV ScholarshipFoundation Chairman, Thompson has

President Thompson watches as 2011 scholarship receipient Christopher Robertson gives an acceptancespeech during the State Meeting held during Expo. Thompson serves as chair of the association’sScholarship Foundation, a position he holds dear. The Foundation visits universities throughout the stateand educates students on the job possibilities available in the construction industry. The Foundationencourages students to apply for the scholarship and interviews applicants before selecting winners.

C O N S T R U C T I O N N E W S 9

traveled to schools and met withstudents pursuing careers in theconstruction industry for many years.

“I hear way too often from collegestudents that they would like to stay inWest Virginia but they don’t see anywork available for them,” he said.“Hardly any of the graduating studentsexpect jobs in West Virginia. I wouldlike to see more scholarship recipientsbecome members or employees ofmembers, and I hope we have helpedsome of them find work in the stateconstruction industry.”

Thompson started working with theScholarship Foundation as a way toget involved in the industry and scoutout new talent for the company. Hisearly experience evolved intosomething so much more tangible.Thompson has served as FoundationChairman for many years, spendingcountless hours visiting universitiesand promoting the industry tostudents.

“I really enjoy meeting students anddiscussing real world opportunitieswith them,” Thompson said. “Our goalis to reach out to needy kids and helpto keep them in the state and theconstruction industry. It is a lot of funto go into a class room and talk aboutthe types of jobs available for them inconstruction, and the real worldapplication of the things they arelearning.”

Within the CAWV, Thompson’s goalwas to be active in the committees. Heworked diligently to reenergize theassociation’s Joint CooperativeCommittee with the WV Division ofHighways, attended many sub-committee meetings and encouragedothers to do the same.

“When I was coming up in theindustry, the Joint CooperativeCommittee served a mutual benefit tothe Division of Highways andcontractors,” he said. “Wereconfigured the committee andsubcommittee structure to streamlinethe activities and to more efficientlyaddress the issues that come beforethe group. This will give committee

members an opportunity to workthrough the issues, build rapport andgrow professionally."

As Thompson took care of CAWVassociation business and constructionbusiness, his wife, Donna, made surehe was always ready for action.

“I couldn’t have done this withoutDonna,” he said. “There were manynights where I’d come in the door andbe home just long enough to eat andchange. She would have dinner and asuit ready. Donna has alwaysunderstood the demands of theindustry and has been supportive andsympathetic to that. She grew uparound the industry because her fatherwas a contractor. In fact, she got memy first job in the industry, pushing ageorgia buggy full of concrete.”

Thompson’s work and businessexperience led him to find a kindredspirit in 2012-2013 CAWV PresidentLee Snyder, Snyder EnvironmentalServices, Kearneysville. The two have

known each other through the CAWVfor many years.

“I’ve gotten to know Lee much betterover the past 5-6 years as we haveserved on the Board of Directors,”Thompson said. “He will be a greatpresident.”

“Gene’s act will be a tough one tofollow,” Snyder stated. “But I amexcited to lead the association andfocus on how personal outreach canmake a big difference to our industry.”

Thompson may not have meant to putdown roots in West Virginia, but hispresence has forever changed theconstruction industry. From bridgesand roadways throughout the statethat bear witness to his tenacity, to jobgrowth in the construction industryand the start of new funding streamsfor highway construction, Thompsonspent his 2011-2012 term taking careof business.

By Lindsay Stephens

Thompson led the association through a productive legislative session with the help and support of hiswife, Donna. “I could never have done this without her,” the outgoing president said. As the daughter ofa contractor, Donna understands the demands of the industry. She was frequently seen at Thompson’sspeeches, making appearances to support her husband’s efforts in leading the industry.

1 0 J u l y / A u g u s t 2 0 1 2

B. LEE SNYDERPresident

Snyder Environmental Services

PHILLIP L. WESERPresident and CEO

March-Westin Company, Inc.Senior Vice President

DANIEL B. FLESHERPresident

Trimble Engineers & Constructors, Inc.Vice President

DAN COOPERRIDERPresident

Oldcastle, Mid-Atlantic DivisionTreasurer

C. R. NEIGHBORGALL IVPresident

The Neighborgall Construction Co.Secretary

2012-2013 OFFICERSCAWV PRESIDENT

C O N S T R U C T I O N N E W S 1 1

DIRECTORS AND DIVISION CHAIRMEN

Art KingPresident

Kanawha Stone Co., Inc.AGC National Director

Nathaniel R. OrdersPresident

Orders Construction Co.Chairman

Highway Division

Robert O. Orders Jr.CEO

Orders Construction Co.AGC National Director

Gregory A. BurtonPresident

BrickStreet InsuranceChairman

Associate Division

Douglas P. MeeksPresident and CEO

Brewer & Company of WVDirector

Robert O. Orders Sr.Chairman

Orders Construction Co.AGC National Director

Scott PiersonPresident

Pipe Plus, Inc.Director

Charles R. Neighborgall IIIChairman

The Neighborgall Const. Co.AGC National Director

Jamie B. RidgewayVP of Operations

March-Westin Company, Inc.Chairman

Building Division

Richard C. SmailesPresident

FAMCO, Inc.AGC National Director

Leo A. Vecellio Jr.President

Vecellio & Grogan, Inc.ARTBA National Director

Roger ThomasArea Manager

Kelly Paving, Inc.Director

Gene ThompsonVice President

Ahern, a division ofKokosing ConstructionImmediate Past President

Michael GianniPresident

The James White Const. Co. Chairman

Utility Division

Philip BrownePresident

Rumble Ready MixVice Chairman

Associate Division

1 2 J u l y / A u g u s t 2 0 1 2

Importance of a “Personal Touch”Annual Meeting attendees hear about the

Activism and construction gohand in hand, as CAWVmembers well know. The nearly

350 members attending the AnnualMeeting, held July 12-15 at TheGreenbrier, were reminded just howclosely the two are entwined.Members received insight into theupcoming election cycle, an update onhow the Associated GeneralContractors (AGC) of America hasinfluenced regulations, insight into theWest Virginia Department ofTransportation from TransportationSecretary Paul A. Mattox Jr., andinformation about the power andimportance of a personal touch inbusiness.

Governor Earl Ray Tomblin helped tokick-off the meeting by attending theWelcome Night Reception. Hethanked members for their work inemploying West Virginians andbuilding the state’s infrastructure.

“This is not the same West Virginia asit was 25 years ago,” the governorsaid. “We are working to be businessfriendly and we want to work withyou.”

The governor met many associationmembers, discussed the efforts hisadministration is making in moving thestate forward, and encouraged CAWVmembers to keep up the good work increating jobs and building the state’sinfrastructure.

Members at the General BusinessSession heard a lively political analysisfrom Nathan Gonzales, deputy editorof The Rothenberg Political Report,Washington, D.C. Gonzales, whoworked for CNN.com and as anassociate producer for CNN’s CapitolGang, covered the presidentialpolitics, U.S. House, U.S. Senate andgubernatorial campaigns.

“The Supreme Court’s ruling onhealth care will be used by PresidentBarack Obama’s re-electioncampaign as leverage, butRepublican’s will make it a tax issue,”Gonzales said. “Democrats will berelentless in their use of SocialSecurity and Medicare to drive awedge between voters andRepublicans.”

Nathan Gonzales, deputy editor of The Rothenburg Political Report, shared his insights into the upcomingelection season with CAWV members attending the Annual Meeting, held July 12-15 at The Greenbrier.Gonzales explained how each political party would use the Supreme Court’s ruling on health care to theiradvantage, reviewed key U.S. Senate and House races, and discussed the impact of job numbers on thepresidential election.

C O N S T R U C T I O N N E W S 1 3

Gonzales, who is a contributing writerfor Roll Call, a Capitol Hill newspaper,explained that 60% of the nation’svoters believe the United States is onthe wrong track, but that voters don’treally know Republican presidentialcandidate Mitt Romney.

“The White House will be arguing a“look at what we inherited” stance,which people will likely concede, butvoters want to see some progressbeing made,” he said. “The Presidentneeds to convince voters that we areheaded in the right direction, orconvince them that Romney is not asuitable alternative. The more focusthat President Obama’s campaign canput on Romney, the better chance hewill have for another four years inoffice,” the political analyst opined.“The Republican vice presidentialcandidate won’t be a game changer,because it is unlikely Romney will takea big risk. He will most likely choose aplain vanilla candidate.”

Gonzales, who has worked with ABC,CNN, MSNBC and Fox News Channel,discussed the pros and cons ofseveral potential vice presidentialnominees, but told members that the

upcoming presidential debates havethe biggest potential to define theelection.

“Job numbers are announced everyFriday, and they are of fundamental

importance to this election,” he said.“Politicians will be trying to make adistinction between how the economyis doing versus how people feel abouthow the economy is doing. The 2012election is closely divided and no partyis expected to blow the other out.”

The U.S. House of Representativeshas 435 members, of which 241 areRepublicans and 191 are Democrats(there are three vacancies). Accordingto Gonzales, 75 of the seats have apotential to flip and Democrats mustgain 25 seats to regain control of theHouse.

“Republicans have advantages inmost of the races as a result ofredistricting,” he explained, stating itis a chaotic process, but one that isvery important politically. “The bottomline is that Democrats will gain someseats, but not enough to take controlof the Chamber.”

The U.S. Senate, however, remainsundecided. The 100 member Senate iscurrently comprised of 51 Democrats,47 Republicans and 2 Independents.Gonzales explained the impact thatthe presidential election will have onthe leadership of the Senate chamber,noting that Republicans need three or

Joseph H. Jarboe, AGC President and senior vice president of Clark Construction Company, discussedthe collaborative and interactive nature of the current technologies including Building Information Modeling(BIM), LEAN Construction, Civil Information Modeling (CIM) and ConsensusDOCs. He also shared withmembers the importance that personal relationships have in the construction industry.

West Virginia’s Governor Earl Ray Tomblin thanked CAWV members for their work in employing WestVirginians and building the state’s infrastructure during the Welcome Night Reception.

1 4 J u l y / A u g u s t 2 0 1 2

four seats to have a majority, with thevice president determining the leadingparty.

“The key in any election is how it isframed versus what voters are lookingat,” he stated. “In West Virginia,Democratic Senator Joe Manchin willhave to redefine himself apart from thenational Democrats. His race will haveto be a popularity contest not apartisan contest.”

The political landscape of the states isbeing boiled down to “no spendingversus vital projects,” according toGonzales. He described the electoralas “brutal” and said he was notoptimistic that the partisan nature inCongress will improve.

“People say that they want theircongressional representatives to worktogether,” Gonzales said, “but theyreally mean “get what I want done.”Once an elected official in Washingtoncompromises, they are immediatelychallenged by their own party.”

Gonzales stated that he doesn’texpect anything “of substance” to beaccomplished in the Lame Ducksession, even though Republicanshave more votes in the House.Members enjoyed his analysis and alively question and answer sessionfollowed his presentation.

Joseph H. Jarboe, president of theAssociated General Contractors (AGC)of America and senior vice presidentof Clark Construction Group,Bethesda, Maryland, told membershow AGC affects change by beingvery active in politics.

“AGC has had great success at thenational level with businessregulations,” Jarboe said. “AGC andits chapters were instrumental ingetting the 3% withholdingrequirement repealed, the CARBDiesel emissions rescinded and theU.S. EPA’s mud rule delayed. All ofthese regulations would have had aterrible impact on the constructionindustry.”

Jarboe’s presidential theme of“Building Connections” is aimed at

improving opportunities for membersby expanding their business acumen,encouraging better communicationacross the industry, and promotingtools that are crucial to competingamong a new generation ofcontractors. The theme is no betterembodied than in the political arena.

“AGC is championing the use ofcommon sense,” he said. “We areencouraging legislators not to makeregulations that hurt the economywithout benefiting the environment.Personal connections are moreimportant than ever,” he said,encouraging members to becomeengaged, contribute to political actioncommittees and vote.

The building contractor noted that theindustry is in the middle of "one of themost significant transformations ever,”stating, “successful contractors will bethe ones that are willing to embracetechnology; accept new ways of doingbusiness; and most importantly, buildstrong connections with a range ofpeople -- and not just subcontractors-- but architects, owners, andregulators."

Jarboe, whose company performed$4.5 billion of work in 2010, discussedthe collaborative and interactivenature of the current technologiesincluding Building InformationModeling (BIM), LEAN Construction,Civil Information Modeling (CIM) andConsensusDOCs.

“AGC goes to great lengths to connectpeople with information and educationopportunities,” he said. “Theconvenience of emerging technologycan lull us into thinking that personalcontact is not that important.Personal connection is more importantthan ever.”

Members attending the GeneralBusiness Session learned from Jarboethe impact that personal connectionshave made on his business.

“Get out there,” he said. “Learn fromothers. Technology makesconstruction more productive, but it isalso forcing the industry to becometechnologically savvy. To besuccessful, contractors must embracetechnology and build relationships,because the selection process is

Ed Treadway, Pounding Mill Quarry Corporation, left, accepted a plaque from West Virginia CrushedAggregates 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.

C O N S T R U C T I O N N E W S 1 5

Tripp and Nikki Dailey join Margo and Andy Teeterduring the Early Bird Reception.

Jane and Carl Belt enjoy the Welcome NightReception.

Travis and Scarlett Hill join Diane and Jim Dailey.

Paul and Christie Calvert enjoy the Annual Meeting.

Greg and Diana Hadjis take a moment to pose fora photo.

Bo Sweeney, Mary Prim, C.R. Neighborgall, TerriBinkoski and Mike Gianni socialize during thereception.

Keith and Summer May enjoy the reception heldon the first night of the Annual Meeting.

Elyse, Cathy and Matt Campbell enjoy theWelcome Night Reception.

Phil Browne and Rhonda Evans enjoy their time atThe Greenbrier.

Chris and Jim Tressell participate in the WelcomeNight Reception.

Dan and Cathy Cooperrider join Willie Crane.

Pam and Jim Bossio join Christy and Jim Goff andRalph and Gwen Hamilton.

1 6 J u l y / A u g u s t 2 0 1 2

WV Contractors License # WV000068

becoming so much moresophisticated.”

The AGC President praised the CAWVfor its leadership on the national level,saying that AGC represents the entireconstruction community inWashington, D.C.

“Contractors are optimists in nature,”he stated. “There are many issues that

are beyond our control, but for otherswe have a choice to voice our opinionand influence change.”

Jarboe was followed by DanCooperrider, chair of the CAWV’sHUB/PAC and president of OldcastleMid-Atlantic Division, who providedinsight into the upcoming election“Seventeen Senators and 100Delegates will be elected in November,

potentially changing the landscape ofWest Virginia’s Legislature,”Cooperrider said. “Of the 16 Senatecandidates endorsed by HUB/PAC, 15won their primary races. In theHouse, all but 9 of the 77 candidatesendorsed won their primary election.”

Cooperrider encouraged associationmembers to contribute to HUB/PACand to visit and contact theirDelegates and Senators when the timearises.

After learning about changes in themake-up of the Legislature, membersheard about a change in leadership ofthe West Virginia Crushed AggregatesCouncil. A presentation of a servicecommendation was made to EdTreadway, Pounding Mill QuarryCorporation, who led the group for 12years. New Chair Doug Canterbury,Boxley, thanked Treadway for hisservice.

“When the West Virginia CrushedAggregates Council was formed in1999, the focus was on safety andhealth, environmental enhancements,government and public affairs,”

CAWV Public Relations Chair Carrie Haynes introduced a new initiative to increase the visibility ofcontractors by partnering with the Division of Motor Vehicles to issue a “Hard at Work” license plate.

C O N S T R U C T I O N N E W S 1 7

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1 8 J u l y / A u g u s t 2 0 1 2

Canterbury said. “The council quicklybecame involved in many issuesincluding the quarry bill, severancetax, trucking regulations and air qualityissues. With the leadership andguidance of Ed Treadway, theaggregate industry had a voice indiscussions with local, state andnational officials.”

Treadway accepted a plaque fromCanterbury commending hisdedicated service to the West VirginiaCrushed Aggregates Council.

The visibility of CAWV members’relationships were highlighted byCAWV Public Relations Chair CarrieHaynes, ACCAD Corporation, whounveiled a new Division of MotorVehicles - issued “Hard at Work”license plate.

“Our members are our greatestadvertising tool and our missions arebest served by strength in numbers,”she said. “Each “Hard at Work” logoadvertises our commitment to theassociation and the industry. Whenmembers faithfully utilize the resourcesof other members through sub-contracts and purchases fromassociate members, we show non-members the importance of“belonging” to our association. Themore members we attract, the stronger

Members attending the CAWV Building Division meeting received updates on the task forces of the JointArchitects Committee. Efforts are underway with the State Purchasing Division, West Virginia NationalGuard and the School Building Authority to improve bidding procedures, streamline contract requirementsand evaluate required documentation.

Utility Division members received an update on activities of the West Virginia Infrastructure and JobsDevelopment Council, West Virginia Department of Environmental Protection, Water DevelopmentAuthority and USDA Rural Utilities Service. The group also discussed the Buy American Act, which iscurrently being studied by a legislative committee.

Welcome Night Reception SponsorsAsphalt Materials, Inc.Baker Truck EquipmentBB&T Carson InsuranceBlackwell and CompanyBowles Rice McDavid Graff & LoveBoxleyBrickStreet InsuranceBrown Edwards & Company, LLPCentral Supply CompanyChapman Printing CompanyCleveland BrothersDaniels Law Firm Dyno NobelE.L. Robinson Engineering, Inc.Essroc Ready MixFerro Products CorporationFriedlander CompanyGodwin Pumps of AmericaGreer Industries, Inc.Jackson Kelly, PLLCJohnstone & GabhartKay Casto & Chaney

Lanham O’Dell & CompanyLogan CorporationMartin Marietta AggregatesMary K. Prim, Attorney at LawMatson Machinery CompanyMead HuntMountain State Insurance ServicesOliver Fuels and Oils, Inc.Palmer EngineeringPermatile Concrete Products CompanyPetroleum ProductsPounding Mill Quarry Corporation Robinson & McElwee, PLLCRollins, Cleavenger & RollinsRudd Equipment CompanySauls Seismic, Inc.Shamblin Stone, Inc.State Equipment, Inc.Steptoe & Johnson, PLLCThe C.I. Thornburg CompanyThrasher Engineering, Inc.TRC Engineers, Inc.Triad Engineering, Inc.

United BankWalker Machinery CompanyWells Fargo Insurance ServicesWhite Planning GroupWilliamson Shriver Architects

Golf Tournament SponsorsBrewer & Company of West VirginiaBB&T Carson Insurance Brown Edwards & CompanyCharleston Steel Company, Inc.Ferro Products CorporationJohnstone & GabhartRish Equipment CompanyTriton Construction CompanyTri-State Roofing and Sheet Metal Co.United BankWells Fargo Insurance Services

Trap Tournament SponsorsHeeter Construction CompanyWalker Machinery CompanyWorldwide Equipment Company

2012 CAWV ANNUAL MEETING SPONSORS

C O N S T R U C T I O N N E W S 1 9

CAWV members prepare to hit the greens for thegolf tournament.

Amy and Ron Jacobs participate in the Early BirdReception.

Nate Orders, John Boyle and Lee Cooperrider gotto know each other during the reception.

John and Linda Persun talk with Faye and AubreyBowles.

Paula and Tim McLean network with Peggy Heeterand Sheila and John Coe.

David and Ramona Hescht attend their first AnnualMeeting.

Carl Fletcher joins Sonny and Ellen Johnstoneduring the Welcome Night Reception.

Amy Haden, Cindy Beck and Paula McLean catchup during the reception.

Tayloe, Polly, Campbell, Tori and Will Hunter enjoythe Annual Meeting.

Scott and Tina Withrow enjoy The Greenbrier.

AGC President Joseph Jarboe and his wife, Anne,join CAWV members at this year’s Annual Meeting.

Lorrie Hareza and Brent Edwards were happy toattend the Annual Meeting.

2 0 J u l y / A u g u s t 2 0 1 2

Delbert Leatherman, Jim Matheney, David Linville,Bryan Leatherman and Bob Brookover reuniteduring the meeting.

Earl and Darcy Miller join Cathleen and JamieRidgeway at the Annual Meeting.

Chris and Jim Ahern spend time with Kevin andLisa Teel during the Annual Meeting.

Julie and Eric Ramey participate in the AnnualMeeting.

Carl Belt, Randy Cirillo, Jeremy Irons, DaveMadden and Chris Francis talk during thereception.

Lisa and Roger Thomas enjoy the Welcome NightReception.

Andrew and Jenna Penfield attend the President’sReception.

Wendy Amy and Rick O’Donnell enjoy thePresident’s Reception.

Marion and Will Moore attend the Welcome NightReception.

Jim and Chris Tressell join Jennifer and AaronDeRoss and Danielle and Matt Mairn.

Sheree and Tim Dorsch take time to pose for aphoto.

Steve and Shelley Humphreys enjoy the resort.

In addition, the firm is engaged in a diversified civil practice and represents clients from all areas of the business community. Daniels Law Firm is a member of the following organizations:

· Contractors Association of West Virginia

· Associated Builders & Contractors, Inc.

· West Virginia Coal Association

· National Utility Contractors Association

· West Virginia Rural Water Association

· West Virginia Society of Certified Public Accountants

· American Arbitration Association

Problem Solving Is Our Business!

When you need help with construction related legal matters, you want a firm that understands the industry and has the know-how and experience required to provide cost-effective solutions. Daniels Law Firm, PLLC focuses on meeting the legal services needs of construction businesses in West Virginia and surrounding states. Our firm represents a broad spectrum of clients, including heavy highway, utility and building contractors, coal mining companies, and construction suppliers. We offer a wide range of services and can handle almost any type of legal problem for our clients. We excel in these and other areas:

Construction law Corporate and business law Government contracts Commercial and civil litigation

Arbitration and mediation Business and tax planning Insurance litigation Wills, trusts and estates

Daniels Law Firm PLLC

Daniels Law Firm, PLLC, BB&T Square, 300 Summers Street, Suite 1270, Charleston, WV 25301Phone (304) 342-6666 – www.danielslawfirm.com

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.

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our association becomes, and ourunited voice grows louder, betterprotecting our industry’s interests.”

Haynes explained that she was hit witha new idea for promoting theassociation while traveling on I-79.

“Alumni plates, wildlife plates, Friendsof Coal plates, even NASCAR plates,are becoming much more common,”she said. “A “Hard at Work” plate willbe a powerful advertising statementon the back of our members’ vehicleswhile also providing support for theState Road Fund.”

From politics to aggregates to publicrelations, CAWV members attendingthe Annual Meeting listened toupdates on the many facets of theassociation that have impacted theirbusinesses.

Following the General BusinessSession, Building, Utility and Highwaydivision members met independently.The Associate Division elected PhilBrowne, Rumble Ready Mix, as their

vice chair before moving to individualdivision meetings.

Joining Browne on the CAWV Board ofDirectors for the coming year is JamieRidgeway, March-Westin Company,who was elected chairman of theCAWV Building Division. The groupfocused on the activities of the varioustask forces and subcommittees.

“The Joint Architects Committee isworking on several issues withindedicated task forces,” said newlyelected Building Division DirectorDoug Meeks, Brewer and Company ofWest Virginia. “We are working withthe State Purchasing Divison, WestVirginia National Guard and the SchoolBuilding Authority to improve biddingprocedures, streamline contractrequirements and evaluate requireddocumentation.”

The School Building Authority taskforce report was given by C.R.Neighborgall, Neighborgall Const-ruction Company and newly electedCAWV secretary. Neighborgall has led

the task force for the past year,working through several agenda itemssuch as coordination of bid datesthrough the CAWV Bid Clearinghouse,limiting the use of complicatedalternatives, quantity of alternatives,and developing a constructionschedule beginning with the biddingphase. The SBA is also working onaddressing issues with insurancecoverage on projects.

“Because of the great workingrelationship the CAWV has with SBAExecutive Director Dr. Mark Manchin,and the entire School BuildingAuthority, the task force was able towork together to find solutions forevery item that was placed on theagenda for discussion,” Neighborgallreported.

The CAWV has also cultivated a greatworking relationship with the StatePurchasing Division through a seriesof meetings being held to streamlinebidding procedures. Meeks, whoserves as task force chairman,reported on the progress of the group.

Quick reportingsets the gears in motion.

2 4 J u l y / A u g u s t 2 0 1 2

John and Vickie Farley enjoy the President’sReception and Banquet.

Bryan, Mikki and Sydney Leatherman joinStephanie and Delbert Leatherman.

The Voltage Brothers played an energetic set forCAWV members attending the Annual Meeting.

Willie Crane presented Alice George with a plaquecommerating her years of service to the AsphaltPavement Association.

Phil and Dana Weser take time to pose for a photoduring the meeting.

Nicole and Chris Slaughter enjoy the reception andbanquet.

Golf Tournament winners included Scott Withrow,Brent Edwards, Diane Dailey, Joseph Jarboe, RichO’Donnell, Corey Dawson, Jason Lewis, AnnaleeOstendorf, Sharon Southworth and Paul Hardesty.

Linda Persun won the grand door prize, “Cardinal,”by artist Ion Carchlean.

Paul Hardesty shows off his hole in one during thereception with his wife, Debby.

Laura McCutcheon, Kelci McCutcheon and Mikeand Kim Davis enjoy the Annual Meeting.

Will and Polly Hunter won the trap tournament.

Mark and Angie Urso join Rochelle and JasonWorkman, Brant Moorhead and Lynn Flink.

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“We have a meeting scheduled nextweek to finalize many of the issuesthat have been on the agenda,” Meekssaid. “The goal of the task force is tostreamline the bidding proceduresused by the State Purchasing Divisionand define several gray areas withregard to bid submission andresponsiveness.”

The National Guard Task Force iscurrently studying issues with biddingprocedures, payment schedules,improving the change order processand speeding the decision makingprocess. Neighborgall reported on theprogress of the group, noting that theyare evaluating the current process andhope to meet in the near future.

Jarboe joined CAWV members andparticipated in a discussion on theproposed Buy American provision inpublic construction contracts.

The Utility Division was brought up-to-date on activities of the West VirginiaInfrastructure and Jobs DevelopmentCouncil, West Virginia Department ofEnvironmental Protection, WaterDevelopment Authority and USDARural Utilities Service by ChairmanMike Gianni, James WhiteConstruction. Gianni was re-electeddivision chairman.

“At the last Joint Utilities Committeemeeting we received an update on theWest Virginia Infrastructure Council’sbidding schedule,” Gianni noted. “Wehave been watching the progress ofthe projects and it appears that thenew software system is speeding upthe change order process.”

The group discussed the ongoing BuyAmerican Task Force put together bythe West Virginia Legislature. Althoughthey are studying the use of a BuyAmerican mandate on all constructionprojects that receive public money, itis the utility industry which has run intothe most difficulty meeting therequirements of the mandate.

“The Task Force spent a large amountof time discussing the definition of“manufactured goods,” which causedquite a bit of trouble for utility projectsthat had American Recovery and

Reinvestment Act funding,” Giannisaid. “We have several members ofour committee on the task force,including state and federal agencyofficials. The CAWV is working closelywith the task force and will keepassociation members up to date ontheir progress.”

Buy American mandates for highwayprojects were also discussed in theHighway Division meeting. All threegroups were encouraged to sendcomments on the impact of a Buy

American mandate to the CAWV fordiscussion with the task force.

Members of the Highway Divisionheard comments from TransportationSecretary Paul A. Mattox Jr., whoreported that the 2012 constructionprogram would again reach $500million, the seventh year in a row it hashit that level.

“Year-to-date we have bid out about$150 million worth of work, but thereare several big projects coming in the

CAWV Highway Division members filled the meeting to hear updates on the new federal highway bill,MAP-21, information on state funding levels, an update from West Virginians for Better Transportationand and an address from Transportation Secretary Paul A. Mattox Jr. Members left the meeting with a clearunderstanding of the work that needs to be done to stabilize highway funding on the federal and state level.

West Virginia Department of Transportation Secretary Paul A. Mattox Jr. spoke to members of the HighwayDivision. The Secretary reviewed the Department’s upcoming construction program, discussed the federalhighway bill, value engineering, DBE goal setting and West Virginians for Better Transportation.

2 6 J u l y / A u g u s t 2 0 1 2

next few months including a $60million section of Corridor H and $25million of work along Route 10, thatwill put the 2012 program in the $500million range,” Mattox reported. “Weare proud of the fact that ourStatewide TransportationImprovement Plan (STIP) has a 90percent completion rate. This is adocument contractors can feelconfident on using to plan theirbusiness strategy.”

The Secretary provided copies of theSTIP to attendees and detailed the2012 program, which includes $135million in bridge work, $185 million inpaving work, $12 million in slide repairand $13 million in striping.

“The average bridge in West Virginia is50 years old. There is no lack of work,but there is a serious lack of funding,”he said. “The revenue coming in isstagnant, but the program is the samesize.”

The Secretary estimated the 2013program would include $130 million inbridge work, $150 million in paving, $5

million in slide correction and $16million in striping. He reported that in2013 they expect to let the $6 millionCharles Town Racetrack Road, $14million Mileground Roundabout projectin Morgantown, $17 million EastBeckley Bypass, $7 million I-64widening at Scott Depot and the $25million Lilly Bridge spanning BluestoneLake. The 2014 program is estimatedat a similar level: $130 million in bridge,$155 million in paving, $3 million in slidecorrection and $13 million in striping.

“We are trying to make theDepartment of Transportation morebusiness friendly to contractors,”Secretary Mattox said, noting that theyare looking at their use of bundling andvalue engineering. “We only bundleprojects when it makes sense andprovides significant savings. Bundlingis not a policy we intend to use often.”

The Secretary responded to anindustry inquiry into the valueengineering process, stating that hehad looked at the process andchanged the policies to provideconsistency.

“It was taking way too long to reach adecision,” he said. “The HighwayCommissioner will now chair themeetings in the central office, anddecisions will be required within twoweeks. We have done two projectsusing the new process and it is movingmuch smoother. The process hassaved money and providedtransparency, as the accepted valueengineering proposal will be postedonline.”

The Secretary encouraged contractorsto participate in the DisadvantagedBusiness Enterprise (DBE) goal settingprocess, noting that “DBE goals havea direct impact on contractors andtheir projects.” He encouragedmembers to attend the July 24 goalhearing and to “be very vocal in theprocess.”

Secretary Mattox touched on theprovisions of the new federal highwaybill, MAP-21, which will providefunding for the next 27 months. Thebill provides stability, but no new oradditional money. Of particularinterest, however, the bill locks $100million into Appalachian DevelopmentHighway Funding (APD).

“Corridor H is the only remaining APDproject,” he said. “We will use the APDfunding in our focus on the firstsegment from Kearns to Parsons. Thefunding is dedicated, which meansCorridor H would be complete in 12years at current levels.”

The Secretary mentioned that thePrichard Intermodal Facility, estimatedat $35 million, is expected to bid thisyear. He also discussed the difficultyin getting new projects funded, thesize of the funding available and theneed for a shift in public perception ofhighway investment. He praised WestVirginians for Better Transportation’seffort to educate the public on thevalue of a safe and moderntransportation system.

“WVBT’s Transportation Day andTransportation Conference will be heldconcurrently on February 14, 2013, thefirst day of the legislative session,”said John Boyle, MountaineerContractors. “We are seeing progress

An Annual Meeting tradition is the passing of leadership from one president to another. 2012-2013 CAWVPresident Lee Snyder takes the reins from 2011-2012 CAWV President Gene Thompson during thePresident’s Banquet.

2 8 J u l y / A u g u s t 2 0 1 2

in the attitude of elected officials withregard to transportation funding.WVBT will be very aggressive duringthis session, with the goal of findingnew long-term funding sources forhighway and transportation systemdevelopment.”

Boyle praised the work of Bill Hilborn,the immediate past chairman of WVBTbefore introducing Carol Fulks, whohas accepted the responsibility ofchairing the group during the comingyear. Fulks is executive director of theWest Virginia Hospitality and TravelAssociation.

“The time is now for makingsomething big happen,” she said. “Weare excited that our board has decidedto take on an education and advocacystance with regard to finding solutions.There is certainly an opportunity tofind consensus among the Legislatureand begin solving our transportationfunding crisis.”

Nate Orders, Orders ConstructionCompany, was re-elected as theHighway Division chairman. Orders,who also serves as the CAWVSpecifications Committee Co-Chair,

and Boyle, who serves asConstruction Subcommittee Co-Chair,updated members on severalcommittee issues. Boyle askedcontractors to focus on completingpunch list items on Division ofHighways’ projects in a timely fashion,pointing out that failure to do so mayresult in adoption of a mobilizationprovision that reinstates retainage.Boyle added that SiteManager shouldalso aid in speeding up this process.

A new proposal on design oftemporary structures will address theconcerns of industry and the HighwayDivision, according to Boyle, whoadded that the Division of Highways’has offered contractors assistancewith LRFD approved designs for theirtemporary structures. Changes toBidExpress are coming, he stated,including an electronic bid withdrawalfeature, the ability for the low bidder todownload contract and bid forms anda project question and answer featurethat will be posted on the website.

Over 350 members, guests andchildren attended this year’s meeting,which began with a reception atHowards Creek Lodge on Thursday.

The CAWV Board of Directors met onFriday and discussed a number ofindustry issues. A Welcome NightReception, sponsored by selectmembers of the Associate Division,was held Friday evening. Golf, trapand fishing tournaments followed thedivision meetings, and a number ofchildren’s programs were offered.

Outgoing CAWV President GeneThompson, Ahern, a division ofKokosing Construction Company,thanked the members and staff for alltheir hard work throughout the year.

“This year has been a lot of fun,” hesaid. “There is so much strength in themembership of the CAWV. It has beenmy pleasure to be a part of the hardwork that the CAWV does every day toprotect the interests of theconstruction industry. What the CAWVaccomplishes is a testament to theorganization, its committees, but mostof all, its members.”

Before passing the torch to LeeSnyder, Snyder EnvironmentalServices, Kearneysville, the outgoingpresident read resolutions that wereaccepted by the CAWV Board ofDirectors in honor of Sam Bowling andRon Whitney. Bowling served asCAWV president in 1990 and Whitneywas a founding father of the WestVirginia Utility Contractors Associationand West Virginia Expo.

2012-2013 CAWV President LeeSnyder expressed his appreciation toCAWV members and the Board ofDirectors for their support of himduring the past year.

“Gene’s act will be a tough one tofollow,” the incoming president said.“He worked tirelessly with theLegislature to make sure our industry’svoice was heard. I’m looking forwardto leading the association. My firstgoal for the year will be to encouragemembers to get involved. Personaloutreach can make a big difference toour industry.”

The 2013 meeting will be held July 11– 14 at The Greenbrier.

By Lindsay Stephens

2012-2013 CAWV President Lee Snyder, during his term, hopes to focus the association on theimportance and power of personal relationships in the construction industry. President Snyder encouagedall CAWV members to get involved in the association’s activities.

3 0 J u l y / A u g u s t 2 0 1 2

Performing background andcriminal checks on potential orexisting employees is growing in

popularity as a result of the increase innegligent hiring lawsuits. There are nowfederal and state laws that make itmandatory for employers to conductcriminal background checks in highlysensitive areas such as teaching, childcare, health care and securitypositions. These provisions are due tofactors such as an increase in childabductions, increase in registered sexoffenders and national securitymeasures. The School BuildingAuthority of West Virginia requirescontractors and subcontractors toconduct background checks whenapplying for a school constructioncontract, and the West VirginiaLegislature recently passed Senate BillNo. 659, which requires contractemployees of service providersworking on state Capitol grounds tosubmit to a background and fingerprintcheck.

WV School Building AuthorityThe West Virginia School Building

Authority (SBA) was created in 1989 bythe West Virginia Legislature to facilitateand provide state funds for theconstruction and maintenance ofschool facilities to meet the educationalneeds of the people of the state in anefficient and economical manner (WVCode §18-9(d)).

Within the SBA’s “Policy andProcedures Handbook,” specifically inAppendix H, Part 2, Subpart XII(c), isthe following language:

“County school boards and other grantrecipients shall require all contractorsand service providers to verify thecriminal records of their employeesbefore granting access to theconstruction site. All prime contractorsand their subcontractors that will bepresent on the construction site orother board property shall provide thecounty board or other grant recipient(owner) assurances of compliance withpertinent WV Code and SBA Policy byverifying the eligibility of all workers byproviding a completed SBA Forms 181and 182 to the County Board of

Education or other grant recipient(owner). These forms shall besubmitted along with the contract forconstruction and the contract will notbe fully executed until this provisionhas been satisfied.”

The SBA requires that the contractorand subcontractor submit SBA Forms181 and 182, which are located on thelast pages of the “Policy andProcedures Handbook.” The contractorand subcontractor submit these withthe contract for construction to theapplicable County School Board orgrant recipient. The contractor andsubcontractor, by turning in theseforms, are verifying that they haveconducted background checks, allemployees are legal citizens of theUnited States, and no employees onthe school site are registered sexoffenders under WV Code §15-12-2.The policy behind this requirement is toensure that all school site employeesare not registered sex offenders.

The National Child Care Protection Actof 1993 authorized states to establish

BACKGROUND AND CRIMINAL CHECKS: KNOWING WHERE YOUR EMPLOYEES STAND

By Norman T. Daniels Jr.

C O N S T R U C T I O N N E W S 3 1

procedures requiring organizationsserving youth to request a nationwidecriminal history background check onprospective employees and volunteers.The SBA, exercising on this authority,made it a requirement for contractorsand subcontractors to prove to countyschool board or grant recipients that noemployees on school property areregistered sex offenders.

Contractors and subcontractors shoulddo the following when bidding for aschool construction job:

1. Obtain written consent ofemployees to conduct backgroundchecks so that contractor andsubcontractors can verify employeesare legal citizens and not registered sexoffenders. Inform the employees of whyyou are conducting the backgroundcheck.

2. After obtaining written consent,contact the WV State Police or visit theL1 Identity Solutions website atwww.L1enrollment.com to learn aboutbackground checks and schedule anappointment to have backgroundchecks performed.

3. Once the background check iscomplete and it is verified that noemployee is a registered sex offender,fill out SBA Forms 181 and 182.

4. Submit Forms 181 and 182 alongwith the contract for construction.

5. Throughout the process, consultwith your attorney and the SBA toensure you are complying withapplicable state and federalemployment laws.

Senate Bill No. 659 Passed March 10, 2012Senate Bill No. 659 was a bill thatpassed on March 10, 2012, and wentinto effect June 8, 2012. The billamended WV Code § 15-2D-3 and wasa direct response to the arrest of afugitive and convicted sex offenderwho was working as a contractemployee at the state Capitol building.The bill adds contract employees, suchas security guards, to the state coderequirements for background checks.

The amended code states that theDirector of the Division of ProtectiveServices require certain employees of

service providers with the state tosubmit to fingerprint-based state andfederal background checks undercertain circumstances; requiring certainservice providers provide employeenames to comply with provisions of thissection; requiring a clause in futurecontracts to give the state powers toprohibit certain persons from certainactivities based on the results of thebackground check; defining “serviceprovider”; requiring new employeesworking on Capitol grounds to haveemployment eligibility confirmedthrough E-Verify; and designating theDirector of the Division of ProtectiveServices as the person to whomcriminal background check informationis released.

“Service Provider” for purposes of thissection means any person or companythat provides employees to a stateagency or entity of the samegovernment to work on the grounds orin the buildings that make up theCapitol Complex or who have accessto sensitive or critical information.

Construction contracts are exemptfrom the bill’s purview.

3 2 J u l y / A u g u s t 2 0 1 2

The policy behind this bill was toensure the public’s safety and protectsensitive data and information inCapitol offices. All contractors andsubcontractors who are contracted byWest Virginia to work at the stateCapitol Complex should contact theirattorney and the Director of the WestVirginia Division of Protective Servicesand reference this law to determinewhat is required and how to comply ifthey are unsure of the requirements.

Background Check InformationGeneralAll background checks by outsideagencies are regulated under the FairCredit Reporting Act, even criminalbackground reports. Before hiring orfiring an employee, a contractor /subcontractor should consider theEqual Employment OpportunityCommission and West Virginia HumanRights Act before making a decision.West Virginia employers are prohibitedfrom using the arrest and convictionrecords of an applicant without firstobtaining the consent of the applicant.Pre-employment inquiry into arrestrecords is prohibited, but inquiry intoprior convictions is permissible if the

conviction is related to theemployment. The EEOC states that anemployer can shield itself from a TitleVII Civil Rights lawsuit when makinghiring decisions by considering three“green” factors of an applicant:

1. The nature and gravity of theoffense or conduct;

2. The time that has passed since theoffense or conduct and / or completionof the sentence; and

3. The nature of the specific position.

ReferencesSchool Building Authority of West Virginiawww.wvs.state.wv.us/wvsba

SBA Policy and Procedures Handbook, 2nd Editionwww.wvs.state.wv.us/wvsba/PolicyProceduresRev040512.pdf

WV State Police website with L1 Enrollment Link:www.statepolice.wv.gov/Criminal%20Records/Pages/defaut.aspx

WV Legislaturewww.legis.state.wv.us/WVCODE/Code/cfm

EEOC Enforcement Guideline: “Consideration of Arrestand Conviction Records in Employment Decisionsunder Title VII of the Civil Rights Act of 1964”www.eeoc.gov/laws/guidance/arrest_conviction.cfm

Norm Daniels is an attorney and a Certified PublicAccountant. He is licensed in West Virginia,Kentucky, North Carolina and Pennsylvania.Daniels has over 28 years of experience and hasbeen selected by his peers to be included in "TheBest Lawyers in America" and "Super Lawyers." In1994, Norm Daniels founded Daniels Law Firm,PLLC which has focused on representing heavyhighway, utility, and building contractors and theirsuppliers. The practice includes civil litigation,insurance litigation, business and tax planning,labor and employment law, wills, trusts, estates,arbitration and mediation.

3 4 J u l y / A u g u s t 2 0 1 2

CONSTRUCTION BRIEFSn The Morgantown MunicipalAirport will receive $1.45 million infederal funding to make upgrades tothe airport and runway to improvetravel and safety, according to a newsrelease from the office of Senator JayRockefeller.

"It is important to upgrade andrepair the runways and airport facilitiesat the Morgantown airport to makesure that staff and passengers alikeare safe as they travel to and from ourstate," said Senator Joe Manchin.

The airport will use the funds toconvert Runway 5-23 into a taxiway.Officials said this will include paintremoval, crack sealing, seal coating,and remarking pavement, as well asmodifications to lighting, pavementmarkings and airfield signage. Therunway will also be rehabilitated tomaintain structural integrity andminimize foreign object debris, whilethe northwest taxiway will be widened,according to the news release. The

grant was awarded through the U.S.Department of Transportation'sFederal Aviation Administration…

n Wheeling-Nisshin, a Follansbee-based steel coating company, isplanning a $28 million project -- itsthird major expansion in 25 years --according to an announcement fromthe company's president andGovernor Earl Ray Tomblin. Theproject will include upgrades and newequipment for an existing line andbuilding extensions as well as anadditional substation for electricity.The investment will create a new steelproduct called “ZAM” that utilizes acombination of zinc, aluminum andmagnesium to coat steel. Wheeling-Nisshin was the first Japaneseinvestment in the state, in 1986 ...

n Bids were accepted on August30 for construction of the newPrichard Intermodal Facility, which

includes bridges, roads, railroad,water/sewer and industrial stylebuildings in Wayne County. Bids forthe project were received fromMountaineer Contractors, Inc.,Kingwood, at $27,383,738, KokosingConstruction Company, Inc., SouthCharleston, at $29,620,066, OrdersConstruction Company, Inc., St.Albans, at $30,760,010, KanawhaStone Company, Inc., Nitro, at$31,436,122, Triton Construction,Inc., Nitro, at $31,922,400, BizzackConstruction, Inc., Lexington, KY, at$31,960,534, Heeter Construction,Inc., Spencer, at $31,989,540; A.L.L.Construction, Inc., Mt. Storm, at$32,487,676, Trumbull Corporation,Pittsburgh, PA, at $33,333,333, andVecellio & Grogan, Inc., Beckley, at$35,374,552. The facility at Prichardwill utilize its geographic location,access to the regional Tri-StateAirport, double-stack railway tunnelsand river transportation to become a

3 6 J u l y / A u g u s t 2 0 1 2

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n The U.S. Environmental Protection Agency saysthree companies will pay nearly $30 million to clean up aSuperfund site near Fairmont and to reimburse the U.S. EPAand the state of West Virginia for previous work. Thesettlement with Exxon Mobil, Vertellus Specialties and CBSCorporation was filed Monday in U.S. District Court inClarksburg. The cleanup will cost about $17.8 million, whilereimbursements total $11 million. Costs going forward areprojected to be another $1 million. The 38-acre propertyalong the Monongahela River was designated a Superfundsite in 2000. Industrial activity dating to 1932 polluted it withcoal tar and other materials. The cleanup will includeremoving about 5,500 cubic yards of tainted soil, cappingthe property and improving a groundwater containmentsystem to keep the hazardous materials from migrating ...

n J.F. Allen Company, Buckhannon, has been awardeda project to improve an entry road into the Boy Scouts ofAmerica camp being built near Beckley. The job at theSummit Bechtel Family National Scout Reserve will entailwidening Millcreek Road, a small county route approximately3 miles in length, from a single lane into a comfortable two-lane road. J.F. Allen also will improve the alignment of theroad by reducing the angle of the road's curves. Drainageimprovements will be completed as well as improvementsto the 2- to 4-foot-wide stone shoulders. The project will be

THE CONTRACTOR’S LAWYERExperienced, Aggressive, Successful Legal Representation

304.343.7100 phone304.343.7107 fax1125 Virginia Street, East Charleston, WV 25301wvlaw.net

We know construction.

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CONSTRUCTION BRIEFS

1712 PENNSYLVANIA AVENUECHARLESTON, WV 25302

304-346-0763 FAX 304-343-5498WV CONTRACTOR’S LICENSE WV-2219

H

H

H

completed after paving the entire roadway. The $7.9 million project is slatedfor completion in April 2013.Improvements to the road will increasethe access flow in and out of the BoyScout camp, which will be home to the2013 National Boy Scout Jamboree - agathering of about 50,000 Scouts,leaders and staff ...

n Heeter Construction Company,Inc. was awarded a $6,000,000contract to widen Island Creek inLogan County. The project is one ofmany designed to stop flooding in thearea. The Island Creek projectincludes widening the Island Creekchannel in order to provide anestimated 252 area homes andbusinesses with 10-year and 20-yearfrequency flood protection. Thefunding of the Phase 2a option will

allow widening of Island Creek fromthe former Super 8 site to the LoganNapa Store on the left descendingbank.

Congressman Nick Rahall, D-WV,announced the award in August,stating, “Widening Island Creekwidens our downtown economy'soutlook. Logan Countians know fartoo well the long term costs to familiesand businesses flooding can bring.This major investment helps bringstability to a once flood prone areathat serves the region with essentialbusiness services,” said Rep. Rahall.

The project is estimated to cost$40 million and will take approximatelyfour years to complete ...

n Congressman Nick Rahallannounced in August that a$400,000 WV Division of Highways

grant will be combined with $150,000in local funding to complete analternative access road to the RaleighCounty Memorial Airport and itsindustrial parks. The roadway link willrun adjacent to the federal mineacademy and the Shell gas stationbefore connecting to the existing roadat the airport, forming a loop aroundthe property ...

n Triton Construction, Inc., Nitro,is working to widen Hal GreerBoulevard between Charleston and10th avenues in Huntington. The $1.1million project includes the addition ofa center turn lane, new sidewalks andtraffic signals. Work on the project isexpected to take 10 months tocomplete.

C O N S T R U C T I O N N E W S 3 9

NEW MEMBERS

WV Contractors License # WV000228

Contractor Membership:

C.J. Hughes ConstructionCompany, Inc.Municipal Utility ContractorP.O. Box 7305 Huntington, West Virginia 25776(304) 522-3868(304) 522-2279 Faxdcombs@cjhughes.comwww.cjhughes.comDave Combs, Vice President,Sewer/Water Division

Engel Welding Inc. Industrial Pipe Fabrication / Welding617 Austin Drive St. Albans, West Virginia 25177(304) 727-4341(304) 727-4562 Faxtengel@engelweld.com Tim Engel, PresidentLance Engel, Vice President

Instant Growth HydroseedingHydroseeding 15391 Veterans Memorial Highway Kingwood, West Virginia 26537(304) 864-7899(304) 980-2157 Faxjcpeaslee@atlanticbb.net Jason Peaslee, Owner

Associate Membership:

Yesterday Delivery Service Delivery Service1504 W. Main Street Milton, West Virginia 25541(304) 743-1600(304) 743-1623 Faxnorman@yesterdaydelivery.comwww.yesterdaydelivery.com Norman Ryder, President

Paul (Skeeter) Laskody, Jr.Morgantown, WV859-940-8439paul.laskody@am.dynonobel.com

John ZimnoxCharleston, WV304-549-4683john.zimnox@am.dynonobel.com

Our Quality and Service is Unmatched

JUST PLANE GOOD!

And we’ve done it well since 1978

PROFESSIONALDIRECTORY

WV CONTRACTORS LICENSE: WV 001124

P.O. Box 31083601 7th AvenueCharleston, W.Va. 25331(304) 744-5314(800) 642-8598 US WATS

683 Hornbeck RoadMorgantown, W. Va. 26508-2472(304) 296-7438

1221 Hedgesville RoadMartinsburg, W. Va. 25403(304) 262-8103

Offering Fire Suppression and Fire Alarm Services

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C O N S T R U C T I O N N E W S 4 1

(304) 529-3328 Fax No. (304) 529-3325Famco, Inc.

GENERAL CONTRACTORSRICHARD C. SMAILES BOX 1577President HUNTINGTON, WV 25716

WV CONTRACTORS LICENSE: WV 000408

PROFESSIONALDIRECTORY

S I N C E 1 9 4 6

• 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

1 24th Street

P. O. Box 6587

Wheeling, WV 26003

(304) 232-1040

(304) 232-1137 Fax

WV Contractor License: WV 022303

LICENSEDTO

MILL!Asphalt & concrete planing, profiling

and deck scarification

DONEGALConstruction Corporation1-800-864-42061235 Marguerite Lake RoadGreensburg, Pennsylvania 15601

WV CONTRACTORS LICENSE WV025398

PROFESSIONALDIRECTORY

GREEN MOUNTAIN COMPANYReclamation Site Work Heavy ExcavationRodney W. Clay, President 511 50th Street304/925-0253 Charleston, WV 25304

WV CONTRACTORS LICENSE: WV 002057

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WV Contractors License #WV041715

C O N S T R U C T I O N N E W S 4 3

PROFESSIONALDIRECTORY

Martin Marietta Aggregates

Branches:Burning Spring Mine (Parkersburg-Rt. 50)CharlestonInstituteManheim (Clarksburg-Grafton)New MartinsvilleParkersburgRavenswoodSt. MarysApple Grove, OHWheeling/Martins Ferry, OH

LIMESTONE • SAND • GRAVELBY TRUCK, BARGE OR RAIL

300 Star Avenue, Suite 312Parkersburg, 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: 304/253-7610President Office: 304/877-6451

WV 000572www.smhconstructiongroup.com

www.TRCSolutions.com

David E. Clevenger, P.E.One Kenton Drive, Suite 200

Northgate Business ParkCharleston, WV 25311-1256

Voice (304) 346-2599FAX (304) 346-2591

MAILING ADDRESS: LOCATION:P.O. Box 429 575 New Golf Mountain RoadInstitute, WV 25112-0429 Cross Lanes, WV 25313Phone: (304) 776-0448 Fax: (304) 776-0451

Contractors License #WV006833

TEAYS

RIVER

CONSTRUCTION

PROFESSIONALDIRECTORY

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C O N S T R U C T I O N N E W S 4 5

PROFESSIONALDIRECTORY

Shamblin Stone, Inc.Fast Courteous Service is our Business

Providing the following statespecification materials

• Sand • AgLime

• Gravel • Bedding Materials

• Salt • Limestone/Rip Rap

Trucking & Barge UnloadingOhio and Kanawha Rivers

USDOT 188865 ICC MC 183455

Wilson Island, Dunbar, WV Port Amherst, WVRt. 61, Marmet, WV Hugheston, WVRT. 35-Scary Creek Robertsburg, WV

WV CONTRACTORS LICENSE: WV 004152

304-766-7316/FAX 766-7325

SERVINGWEST VIRGINIA

ROOFING & SHEET METAL COMPANYSheet Metal - HVAC Design - Roofing

HVAC Service - Shop Fabrication

Parkersburg Morgantown304-485-6593 304-328-5244Charleston Cumberland, MD304-755-8135 304-738-0502

WV CONTRACTORS LICENSE: WV 000104

McCloy Construction Company . . . . . . . . . . . . . . . . . . . .16

Middletown Tractor Sales . . . . . . . . . . . . . . . . . . . . . . . .22

Miss Utility of West Virginia . . . . . . . . . . . . . . . . . . . . . . .17

Peerless Block & Brick . . . . . . . . . . . . . . . . . . . . . . . . . . .36

Pounding Mill Quarry Corporation . . . . . . . . . . . . . . . . . .31

Professional Directory . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Rish Equipment Company . . . . . . . . . . . . . . . . . . . . . . . .48

RoadSafe Traffic Systems, Inc. . . . . . . . . . . . . . . . . . . . .43

Rudd Equipment Company . . . . . . . . . . . . . . . . . . . . . . .47

Shamblin Stone, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . .45

The C.I. Thornburg Company, Inc. . . . . . . . . . . . . . . . . . .44

Thrasher Engineering, Inc. . . . . . . . . . . . . . . . . . . . . . . . .45

Vecellio & Grogan, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . .39

Walker Machinery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Welding, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

Wells Fargo Insurance Services . . . . . . . . . . . . . . . . . . . . .3

West Virginia Tractor Company . . . . . . . . . . . . . . . . . . . .27

Anderson Equipment Company . . . . . . . . . . . . . . . . . . . .33

BB&T Carson Insurance . . . . . . . . . . . . . . . . . . . . . . . . .46

Boca Construction, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . .40

Boxley Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Bowles Rice, Attorneys at Law . . . . . . . . . . . . . . . . . . . .35

BrickStreet Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Brown Edwards & Company, LLP . . . . . . . . . . . . . . . . . .34

C & R Materials, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . .41

Carr Concrete Corporation . . . . . . . . . . . . . . . . . . . . . . .32

Cleveland Brothers . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

Contractors Supply Corporation . . . . . . . . . . . . . . . . . . .41

CTL Engineering, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . .36

Daniels Law Firm, PLLC . . . . . . . . . . . . . . . . . . . . . . . . .21

Donegal Construction Corporation . . . . . . . . . . . . . . . . .42

The Friedlander Company . . . . . . . . . . . . . . . . . . . . . . . . .5

Johnstone & Gabhart, LLP . . . . . . . . . . . . . . . . . . . . . . .37

Greer Industries, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . .42

Martin Marietta Aggregates . . . . . . . . . . . . . . . . . . . . . . .43

ADVERTISERS

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West Virginia Construction News2114 KANAWHA BOULEVARD EAST

CHARLESTON, WV 25311

ADDRESS SERVICE REQUESTED

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U.S. Postage PAIDCharleston, WVPermit No. 568