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Association of California Construction Managers

Managing the Planning, Design and Construction of California Public Schools

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The Acting Director of Industrial Relations is requesting a second extension of the emergency action taken last fall to suspend operation of last year’s regulations pertaining to SBX2-9 and the Compliance Monitoring Unit (“CMU”). The Department was required to take this action due to questions raised about the legality of the fees required for bond-funded projects. The CMU regulations must remain in suspense, but the Department has commenced a regular rulemaking to revise regulations to restart the CMU early next year.

The first extension of the emergency action is set to expire on August 2, 2011, and the Acting Director is requesting a second 90-day extension. The basis for this request is explained more fully in the Notice of Proposed Extension of Emergency Action. Please note that we intend to file the attached Notice with the Office of Administrative Law on July 22, 2011, and that you will then have five days within which to submit written comments directly to the Office of Administrative Law. Please click here to view the attached Notice for additional information about where to send your comments. The OAL website (http://www.oal.ca.gov/) will have information on the status of this request and any decision to approve or disapprove an extension of the emergency action, and we will be posting a copy of the attached Notice on DIR’s website.

If you have specific questions or need additional information about this action, you may contact us through our SBX2-9 Comments mailbox at SBX2-9Comments@dir.ca.gov.

Legislative Update - June 6, 2011

June 3 was the last day for bills to pass their house of origin (Assembly bills to pass the Assembly and Senate bills to pass the Senate) if they are going to continue this year.

Click here to view an updated list of the status of significant legislation.

Legislative Update

ACCM thanks Board Member Ed Mierau of Neff Construction who presented ACCM’s opposition testimony to SB 600. That bill will require any state School Facility Program funded project to use prequalification with the Department of Industrial Relations (DIR) prequalification document. Ed’s testimony clearly showed the burden this would place on our school district clients as well as to firms working on school projects. He supplemented the C.A.S.H. opposition testimony on this bill. Unfortunately, the bill passed Committee and will next be heard in the Senate Appropriations Committee.

The Committee Chair, however, strongly indicated to the author, ACCM and the bill’s sponsors, that it would be appropriate to work out an agreement on the bill that would move toward eliminating the prequalification mandate from the bill. ACCM’s testimony was instrumental in leading the Committee Chair in this direction.

ACCM is continuing to work with the SAB Priorities and Funding subcommittee and the Expert Working Group to streamline the School Facilities Program and move toward faster state funding for school projects.

We expect that recommendations will go to the SAB for the June or July SAB meeting.

Click here for a listing of the status of significant legislation.

Elections and Polls Have Political Consequences

On March 17, 2011, the majority party completed most of the budget actions using the majority vote authorization provided in Proposition 25 that was passed last year. Remaining are redevelopment and placing the tax extensions on a June Special Election ballot. Already passed are realignment, the education trailer bill with the additional funding deferral, health and safety cuts, as well as the child care and other budget provisions as proposed in January by Governor Brown.

The Legislature will not be meeting this weekend as the Republicans hold their state conference in Sacramento. Given the tone of yesterday’s Senate Floor debate it is unlikely that the sharp partisan divide would have mitigated for productive action this weekend. Three days off might not change the partisan split, but it might change the willingness to consider working together.

The Field Poll released this week indicated that 60% of the voters are willing to support Governor Brown’s plan. The effort to find Republicans to support Governor Brown’s plan was predicated on the belief that the voters would not support the plan unless it appeared to be bipartisan. The poll results appear to indicate there is less need for a bipartisan agreement and, therefore, less need for the Democrats to work with Republicans to find sufficient votes to pass proposals by a 2/3 vote on the Senate and Assembly Floor. Consequently, most of the budget and budget trailer bills passed with majority votes, but not 2/3 votes.

The redevelopment and tax extension issues, however, might need 2/3 votes because they do not have the clear budget trailer bill nexus which would allow a majority vote without subsequent court challenge. The negotiations are not over. I believe the pension, environmental and regulatory issues are still on the table as a means of encouraging Republicans to provide votes for the redevelopment and tax extension proposals. The Field Poll, however, indicates that the policy changes the Republicans can demand is significantly less than they may have hoped to achieve at the start of the week.

I believe the drop dead date for a June 7 election is March 25. The negotiations could continue beyond this date if the election is delayed to later in June. Click here to view the Education Trailer Bill and click here to view the Senate analysis of the education finance trailer bill.

Minutes

Click here to view the minutes of the March 17, 2011 General Membership Conference Call.

Click here to view the minutes of the February 23, 2011 General Membership Meeting.

Click here to view the minutes of the January 20, 2011 General Membership Conference Call.

DGS Expert Workgroup Report and Forum

Dick Cowan has been involved with the DGS Expert Workgroup to identify and begin improvements on DSA/OPSC/CDE processes and issues. Click here to view the report of the group and click here to view a flyer for a forum in Sacramento October 27th on the steps they are taking to start these improvements.

ACCM Back To Selling Bonds

ACCM has been successfully collaborating with industry representatives to encourage the sale of construction bonds to create jobs. Below is the activity we have been initiating:

ACCM 2010 Legislative Letters

Senate Bill 258 (Oropeza)
- ACCM has taken an OPPOSE position on this bill. This bill was recently amended to mandate that all school districts with school projects valued at $1 million or more pre-qualify bidders prior to bidding on contracts. This bill would impose an enormous administrative burden on school districts across the state. SB 258 targets the education community and makes no similar mandate on other local governments.

SB 258 is currently in Suspense. ACCM encourages you to send a letter on your firm's letterhead in opposition of this bill. You can view the ACCM letter for your use here. Please send letters to the Governor, Bill Author and your local Legislators.

The Honorable Arnold Schwarzenegger

California State Governor

State Capitol Building

Sacramento, CA 95814

Fax: (916) 445-4633

Senator Jeannie Oropeza

California State Senate

State Capitol, Room 5114

Sacramento, CA 95814

Fax: (916) 323-6056

ACCM NEWSLETTER--THE ACCM INSIDER!

2011 Newsletters: January Issue

March/April Issue

July Issue

2010 Newsletters: October Issue

August Issue

March Issue

2009 Newsletters: December Issue

October Issue

August Issue

ACCM 2010 Letters to State Agencies

Bond Accountability Website

As part of the Governor’s Strategic Growth Plan, he has launched the Bond Accountability website, which includes school construction projects funded by the state. Click on the link below to view the website. If you click on the K-12 Education, there are further links to project specific data, including audit information, on the left side of the screen.

http://www.bondaccountability.ca.gov/Bonds/Education/default.php

2009 ACCM RFQ/RFP Now Online

The 2009 ACCM Model RFQ/RFP is now online! The improved RFQ/RFP is the result of work by our members interested in fine tuning one of our first public projects. We have incorporated language concerning differing CM Delivery Methods and condensed portions to make the ACCM RFQ/RFP more user-friendly for school districts.

I want to specifically thank the following ACCM Members who spent time on the revisions:

Paul Bonnacorsi (WLC Construction
Dayne Brassard (Tilden-Coil Construction)
Sarah Creighton (McCarthy Construction)
Dana LeSher (Harris & Associates)
Ed Mierau (Neff Construction)
Terry Street (Robbelen Construction)

Please help us in getting the word out to districts that the ACCM Model RFQ/RFP is available on line.

Kris Meyer

President ACCM

Instructions to use Template

RFQ/RFP Template

Pre-Approved Facility Products and Systems

Among the tools that Districts may use to speed up projects is the ability to use products and systems that have been pre-approved by DSA and have a very short, “over the counter” DSA approval process. These products, such as certain modular buildings, have gone through the Pre-Check process described by DSA Procedure 07-01.

With the help of John Vester of the DSA staff, ACCM has researched the project list at DSA to compile a list of those products having a pre-check (“PC”). The members of ACCM hope that this list may help with a facility project.

Product Type	Company Name	Contact Name	Address	City	Zip	Phone #	Fax #	E-mail Address
Ball Walls	Capstone Industries	Jaysen Van	2580 Fortune Way	Vista	92083
Elevators	Modular Elevator, MFG., Inc	Tom Shield	11800 Sheldon St., Unit A1	Sun Valley	91352	(818) 509-8228	(818) 509-8596	tom@tlsheild.com
Lunch Shelters	National Carports, Inc.	Greg Jones	27072 Pueblo Nuevo	Mission Viejo	92691	(949) 830-8840	(949) 830-4062
Lunch Shelters	Valley Carports	Ted Salyer	23829 Road 68	Tulare	93274	(559) 686-6867
Modular Buildings	Designed Mobile Systems		PO Box 367	Patterson	95363	(209) 892-6298
Modular Buildings	Enviroplex, Inc.		4777 E. Carpenter Road	Stockton	95215
Modular Buildings	Firebond Corporation	Rick Watson	1300 Davenport	Minden, LA	71055	(318) 377-1030	(318) 377-5756	ritchie.reid@firebond.com
Modular Buildings	MBS Corporation	Robert Cornin	6840 Orangethorpe Ave., Unit C	Buena Park	90620
Modular Buildings	Modtech Holdings, Inc.	Fred Hallock	2830 Barrett Ave.	Perris	92571	(951) 943-4014	(951) 443-3642	fhallock@modtech.com
Modular Buildings	Modular Technology	Joe Lundeen	22425 North 16th Street	Phoenix, AZ	85024	(602) 272-2000		joe@modtechinc.com
Modular Buildings	Newbasis	Stephen Kleinhans	156 Center Street	Auburn	95603	(530) 885-2465
Modular Buildings	TMP Services		425 S. Rancho Ave.	Colton	92324	(909) 777-3140	(909) 777-3149	carol@tmpservices.com
Modular Buildings	Walden Structures Construction	Ken Agharokh	3100 Jefferson Street	Riverside	92504
Relocatable Buildings	AFS Industries	Jim Collins	520 Marina Pkwy	Chula Vista	91910
Relocatable Buildings	American Modular System	Robert Scott	333 E. Carnegie Ct.	Manteca	95337			american.modular@verizon.net
Relocatable Buildings	Gary Doupnik Manufacturing, Inc.	J.T. Doupnik	PO Box 527	Loomis	95650	(916) 652-9291	(916) 652-9021	gdmfg@inreach.com
Relocatable Buildings	Meehleis Modular Buildings, Inc.	Bill Meehleis	1303 East Lodi Ave.	Lodi	95240	(209) 334-4637	(209) 334-4726	bill@meehleis.com
Relocatable Buildings	Saramark Incorporated	Nolie De Los Santos	1250 Aviation Ave., #200-F	San Jose	95110	(408) 998-8091
Relocatable Buildings	Turnkey Schools of America	Jessica Needham	28765 Single Oak Dr., Suite 250	Temecula	92590	(951) 693-2049
Relocatable/Modular	Global Modular	Gerard Lehman	1200 Airport Drive	Chowcilla	93610	(559) 665-5800	(559) 665-5700	rcronin@gdvi.net
Relocatables	Sprung Instant Structures	James Heimler	19510 Ventura Blvd., Suite 210	Tarzana	91356	(818) 343-5393
Shade Structures	Shade Structures	John Saunders	18001 Sky Park Circle, Suite F	Irvine	92614	(949) 250-9551
Shade Structures	Sun Ports International, Inc.	Gavin Subel	8505 Chancellor Row, Suite A	Dallas, TX	75247	(214) 905-9500
Shade Structures	Carport Sales Company	Terry Shoen	5101 Adelina Way	Carmichael	95608	(916) 489-1131
Sign Foundations	National Sign & Marketing Corp	Patrick Faranal	4881 Murrieta Street	Chino	91710	(909) 591-4742	(909) 591-5356
Solar Panels	SPG Solar	David Brown	863 East Francisco Blvd., Ste A	San Rafeal	94901