Regional Event, San Diego, CAApril 3 – 4, 2013

ACI Spring Convention, Minneapolis, MNApril 14 – 18, 2013

MIX Group Orientation,, St Louis, MOApril 25 – 27, 2013

Committee Week, St. Louis, MOMay 6 – 8, 2013

Industry CalendarArtisan Construction, East Elmhurst, NY

Vinson Construction Services, Kenner, LA

Architectural Paving Systems, Tulsa, OK

Maine Rebar Services, Windham, ME

Increte of Houston, Houston, TX

Oxford Construction Co. Inc, Omaha, NE

University of Kansas, Lawrence, KS

New Members

2025 S. Brentwood Blvd., Suite 105, St. Louis, MO 63144 Tel: 314-962-0210Website: www.ascconline.org E-mail: ascc@ascconline.org Fax: 314-968-4367

President’s Message

Pure Luck:We work hard as contractors to make sure we provide for our families, make our businesses successful, make our employ-ees successful, and produce a quality prod-uct that makes customers happy. All that hard work pays off over the long run. But sometimes we just get lucky.

In the early 90’s I was lucky enough to see an ASCC ad in a construction magazine. I thought it was neat that concrete contrac-tors actually had an association. I found out the yearly dues were about $200, which was a lot of money to our company

Bev Garnant

Mike Poppoff

International Concrete Sustainability Conference, San Francisco, CAMay 6 – 8, 2013

Concrete Executive Leadership Forum The Breakers, Palm Beach, FLJuly 25 – 28, 2013

Annual Conference, Columbus, OHSeptember 12 – 15, 2013

World of Concrete, Las Vegas, NVJanuary 21 – 24, 2014

FEBRUARY 2013

President’s Message: Pure Luck

Executive Director’s Message

Safety & Risk Management Council

“Defend”, the Most Dangerous Word in Indemnification

Decorative Concrete Council

Technical Director: ACI/CRSI Adhesive Anchor

Certification at Annual Conference

Booth Duty Thank you

KOB Sponsors & Event Photos

Contents AMERICAN SOCIETY OF CONCRETE CONTRACTORS

at the time. I paid for a year and thought I would find out what ASCC was about. I could drop my membership the next year if it wasn’t for us.

My wife, Gay, and I decided to go to a CEO Forum because we knew it would be mostly ASCC contractors attending. Whoa—what a learning experience! The net result of that first event was that I found out there were other contractors just like us that have the exact same bruises our company had. All of us had the same problems we had to solve. Here’s the good part—these guys were willing to share their experiences and offer solutions to help me solve our problems!

Fast forward 20 years—since joining this association Gay and I have met life-long friends and our company has grown immensely, in a big part because of our membership in ASCC. The wealth of information and knowledge coming from ASCC and other members is enormous. Our company and our lives are much bet-ter because of our joining ASCC. I cannot imagine NOT being a member of ASCC and I wish every non-member could expe-rience what we have experienced.

It was pure luck seeing that ad 20 years ago, and it has paid off very well. But everyone needs a little luck every once in awhile—don’t you think?

Another good World of Concrete! 400 people attend-ed the Kick Off Bash, only the second time we’ve reached that number. Eight new members so far and more to come.

One of the most energizing and exciting events for me last week was the first official meeting of the Emerging Leaders Committee. Aaron Long, PROCON, is the committee chair, and I think we have the perfect person for the job. Aaron is smart, engaging, and a natural leader. He asked a lot of good questions of the group and got everyone to participate.

Executive Director’s MessageAt a MIX Group meeting last September, attendees had the opportunity to stand on the 104th floor of the NYC Freedom Tower, being erected on the site of the former World Trade Center. On site were: Back row (l to r) Chris Shifflett, Piedmont Concrete Contractors; Todd Messerly, Messerly Concrete Contractors; Bill Phelan, Euclid Chemical (guest); Tony Martins, J & A Concrete Corp.; Jason Swagert, Citadel Contractors. Front row (l to r) Kirby Yoder, Citadel Contractors; Chris Plue and Brian Morton, both with Webcor Concrete. The 104th floor of the 1,776 ft. tower is the last concrete floor, the rest of the building serving as a spine.

MIX Group

The other young people in attendance were sharp as well. Some had traveled to Las Vegas specifically for this meeting. There were several new faces which is always encouraging. Everyone was willing to share their particular experiences to date, and eager to discuss how to best help other young folks who are new to the organization.

The committee settled on a Mission Statement: “To ensure the continued success of ASCC by seeking the active participation and insight of emerging leaders within the organization and the industry.”

Thanks also to the more seasoned attendees: Mike Poppoff, Paul Albanelli, Keith Wayne, Nick Adams, Steve Lloyd and Denny Ahal. These men took the time to offer wisdom and support to the group. The emerging leaders couldn’t ask for better mentors.

As with all committees, additional members are welcome. If you’re interested let me or Aaron know. You’re off to a great start guys!

Wayne Kirkland, CNALean Construction (Part 2)

In Part 1 last month we introduced Lean Construction concepts. When people think of Lean, they usually think of Toyota. But the same principles apply to construction. Motion is money. And the same principles that drive lean productivity also drive safety. In Part 2 we give you guidelines to hunt down waste and use the Lean Construction principles of Five S.

Analyze the steps in the construction process to determine which ones actually add value. If an action does not add value, you should consider changing it in the process. A good place to start is with Five S principles:

The Five S’s

Lean Construction can be characterized by application of the Five S’s:

Sort Standardization Shine/systematic cleaningSet in Order Sustaining

Sorting

Eliminate everything not needed to achieve an atmosphere of orderliness. Include both work in process and equipment needed to do the work. Efficiency is improved, risks are reduced, and time wasted searching for work items is eliminated.

Simplifying

Everything that is retained is marked and labeled. It is easier to find tools, materials, and equipment. Simplifying promotes identi-fication of hazards and allows efficient productivity with less risk.

Systematic Cleaning

The cleaning process focuses on enhancing operational efficiency, eliminating waste, and reducing risk. Everyone is to be involved in this step. Workers are assigned ownership and responsibility for cleaning tasks. The purpose is to produce orderliness. Disorder, materials, carts blocking pathways or stored in a manner that makes retrieval hazardous should not be tolerated.

Standardization

Again, get input from workers at all levels. Adopt the best practices for equipment, material, and work method techniques for produc-tivity, and continuous improvement. Standardize procedures; identify possible breakdowns and how to respond with minimal waste.

Sustaining

Be self-disciplined and sustain the improvements that were achieved in the previous four steps to prevent backsliding. Some work-ers may revert to previous work methods, particularly with respect to cluttering the workplace. By sustaining you create an orderly and stable work environment where efficiency is at a high level, waste is minimal, and hazards and risk are at an acceptable level.

Once you are on your way, hunt down the waste. Remember the acronym DOWNTIME

D efects – Scrap & Rework O verproduction or Inefficient production W aiting (Treasure Hunting) N on-Value Added Work – Extra Processing T ransportation & Material Handling I nventory M otion (Wasted) E mployees (Wasted Knowledge & Talent)

2

Safety & Risk Management Council

Waiting or Treasure Hunts - Waiting for materials is waste. How many employees go looking for material or tools? This is walk-ing and is a big waste. Preplanning is key to both of these issues. Can we use batching (materials on pallets or in bins with all the same type materials in the bin or on the pallet.) or kitting (taking all the materials needed for the install and putting them together? Everything is right there, no wasted time.Uncontrolled Production - According to ELECTRI International1, 1 hour spent in the shop = 3 hours in the field. There is value in prefabricating where possible. Prefabrication flattens the manpower load.Transportation and Material Handling - This is one of the primary causes of crew downtime. Material handling constitutes about 20% of the typical work day, i.e. moving material, tools, and equipment on site or to a site. How is this task planned?One contractor measured the impact of poor planning. Over a three week period his supervisors made 41 trips to the supply house due to unplanned POs. Lost labor time and gasoline costs were over $750 per trip. Add to this the materials costs at 50% higher than normal purchase price. This annualized to about $75,000. At 10% profit margin, sales to recoup these costs were about $750,000! During that three week period, the jobsite was essentially unsupervised for 25 hours!

Wasted Motion is any movement (no matter how small) that is unnecessary or unnecessarily fatiguing. Some field examples:Climbing a ladder over and over againWalking back and forth to a gang boxReaching when a lift will get you higher and fartherCompensating for poor material storage

Hopefully, these Lean Construction principles and examples will give us all ideas on how we can improve productivity and effi-ciency, and reduce risk factors for injuries and associated downtime.

References:

1 Best Practices: Prefabrication for Electrical Contractors, Susan Bogus, C. Birk Jones, Jerald L. Rounds, University of New Mexico, 2009.The information, examples and suggestions presented in this material have been developed from sources believed to be reliable, but they should not be construed as legal or other profes-sional advice. CNA accepts no responsibility for the accuracy or completeness of this material and recommends the consultation with competent legal counsel and/or other professional advisors before applying this material in any particular factual situations. This material is for illustrative purposes and is not intended to constitute a contract. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. All products and services may not be available in all states and may be subject to change without notice. CNA is a registered trademark of CNA Financial Corporation. Copyright © 2013 CNA. All rights reserved.

3

If you read only one of my newsletter articles, please read this one. Most of you are aware of the dreaded indemnification clause. I could devote a 20 page analysis of all of the issues raised by an indemnification clause and those issues may vary from state to state. Many states have specific statutes that govern indemnification clauses and case law interpreting those statutes and what can and cannot be permitted. Insurance will cover some, but not all, of the indemnification obligations. Such an analysis is beyond the scope of this article. For this article I will focus on one word -- “Defend”.If you review most standard industry contracts you will find a clause requiring the subcontractor to “Indemnify and hold harmless” the other party, whether it be the Owner or the General Contractor. Over the years the clauses have been modified (by Owners and General Contractors not by the standard contracts) to include an obligation to “Indemnify, hold harmless and defend” the other party. This may seem innocent enough and some would even argue that it follows logically from the indemnification and hold harmless obligations.

What you need to understand is this; if you agree to “defend” someone you contract with, you may be agreeing to defend them from day one from lawsuits that may not be covered by your insurance, even if you have no ultimate liability to indemnify and/or are found to be 0% at fault.

This is difficult to comprehend but this is exactly the decision in two California cases. It is difficult to fully discuss these two cases in a short newsletter article and I want to point out that each of the two cases had more comprehensive language regarding the defend obligation than just adding the word defend. However, in the case of Crawford v Weather Shield, the California Supreme Court held that Weather Shield had a duty to defend, even though the jury found it had no duty to indemnify. In the next case, UDC v. CH2M Hill, the California Court of Appeals held that Hill had a duty to defend, even though it was ultimately found to be 0% at fault.

How did the courts reach these conclusions? First they determined that the duty to defend was a duty independent of the duty to indemnify. The courts also appear to have borrowed from the body of insurance law that stands for the proposition that an insurer’s duty to defend is broader than the duty to indemnify.

To date it appears that California is the leader in these theories, however other states could follow. You need to assume that the duty to defend could be interpreted similarly to the Crawford and UDC cases. You should delete the reference to “defend” in indemnification clauses that are included in contracts you are asked to sign. The stakes are simply too high not to do so. The “defend” obligation could be determined to exist regardless of whether you have insurance coverage for the defense obligation. You could find yourself defending another party and paying their legal fees out of your pocket without the insurance to cover it.

“Defend”, the Most Dangerous Word in IndemnificationJeffery W. Coleman, P.E., Attorney at Law

4

Why Certification

On July 10, 2006 a passenger car traveling to Boston’s Logan Airport passed through the Interstate 90 connector tunnel in Boston, part of a project referred to as the “Big Dig.” As the car approached the end of the tunnel, 26 tons of concrete panels fell, killing a passenger. The panels were part of a suspended ceiling anchored to the concrete roof with threaded bolts in an epoxy-filled hole that had been drilled. The epoxy supplier was charged with one count of involuntary manslaughter. Other contractors avoided pos-sible criminal charges with a $450 million settlement with state and federal officials.

The failure of this adhesive anchor was the impetus for design changes within ACI 318 and the recognition that adhesive anchors are very sensitive to installation requirements. Thus ACI and CRSI came together to develop an adhesive anchor installer certification program.

ACI 318 Building Code Requirement

Starting in the 2011 edition, ACI 318 Appendix D requires that “Installation of adhesive anchors horizontally or upwardly inclined to sup-port sustained tension loads shall be performed by personnel certified by an applicable certification program. Certification shall include written and performance tests in accordance with the ACI/CRSI Adhesive Anchor Installer Certification program, or equivalent”.

We haven’t seen ACI 318-11 referenced yet in 2012 contract documents, but expect to start seeing them on projects later in 2013. Thus contractors will not be able to install any adhesive anchors without certified personnel. If dowel bars and anchor bolts aren’t placed or are placed in the wrong location, new dowels or bolts can’t be drilled and expoxied in-place without both a certified contractor installer and certified inspectors watching. If contractors do not have certified installers on-site, repairs can’t take place.

What to Expect at the Site

Although ACI 318 requires certified installers and qualified inspectors only for adhesive anchors installed “horizontally or upward-ly inclined”, concrete contractors should expect that owners, engineers, and construction managers will make this an all inclusive requirement for all adhesive anchors regardless of where they are placed. In addition, ACI 318-11 does not allow adhesive anchors to be installed into concrete unless it is a minimum of 21 days old. The concrete age requirement will likely delay most schedules.

What is the ACI/CRSI Certification Program

This certification program includes both written and practical examinations that the installer must take and pass for certification. The practical part of the program requires proper demonstration of vertical down and overhead installation procedures. The over-head portion requires knowledge related to “piston-plug” and “retaining-cap” systems. The program can be presented in two ways;

1. A two day workshop in which the first day will consist of a review / training program in a classroom setting followed by a “hands-on” practice session. The written and practical exams would follow on day two.

2. A test only day.

Bruce Suprenant, Technical DirectorACI/CRSI Adhesive Anchor Certification at Annual Conference

Decorative Concrete CouncilChris Klemaske, Decorative Concrete Council

I have often been told that I live in a world of my own. Some people call it “Chris World” and inquire as to how things are in my world. That being said, I found the World of Concrete very interesting this year because there were several people that share my view of the world. A confident outlook and optimism were abundant; you didn’t have to look far to hear encouraging news.

I’m not sure if there was increased attendance this year but it sure felt like it. I attended the ASCC Kick Off Bash and had a great time catching up with everyone and in several cases renewing old friendships of people we had lost track of over the last few years.

Artistry in Concrete was busy and the participants were incredibly creative. Each team was unique and the detail and craftsman-ship was superior across the board. The DCC was asked to judge the Artistry projects, and I was fortunate enough to be one of the people that got to participate. I am always in awe of people who present us with these projects because they put themselves and their art out there for everyone to critique. In the end each project was a gift to all of us that love concrete.

I hope you were all able to attend the DCC Awards on Wednesday night. There were over 70 projects submitted and the projects that won awards covered a multitude of decorative concrete installations. It is always inspiring to see these projects and meet the folks that installed them. We would love to increase the amount of award submissions for next year. Look at every project you participate in and see if it might be one of next year’s winners.

Thank you to everyone that took time out of their busy schedule to volunteer at the DCC “Ask the Expert” booth. It was extremely busy out there and everyone did a great job of sharing the DCC story.

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CONCRETE CONSTRUCTION

8 0 0 - 3 3 1 - 0 6 6 8

SAFETY8 6 6 - 7 8 8 - 2 7 2 2

A S C C m e m b e r s h a ve a c c e s s t o t h e s e t o l l - f r e e n u m b e r s f o r a s s i s t a n c e .

H O T L I N E Q U E S T I O N SDECORATIVE

CONCRETE8 8 8 - 4 8 3 - 5 2 8 8

Webinars (webinars begin at 3:00 p.m. CST)Date Topic Presenter

Mar. 13, 2013 Obamacare - What Will the Changes Mean to My Business? Byron Spencer, Norman Spencer, Inc.Apr. 10, 2013 Partnering With Your Landscape Architect Mike Sherrod & Amanda Klemaske, rrmdesigngroup

Members no charge. Non-members $35; MC, Visa, Amex only. Call 866-788-2722 to register.

In developing this program a majority of those participants that attended the “Pilot Tests” recommended that a review/training component be included with the certification program. ACI-CRSI certification for Adhesive Anchor Installer is valid for a period of five [5] years from the date of completion of all certification requirements.

Get Certified at the Annual Conference

ASCC will sponsor an Adhesive Anchor Installer Certification lead by Ron Kozikowski, PE of North Starr Concrete Consulting, at the Annual Conference in September in Ohio. Make sure to sign up so that your projects will have certified installers to place adhesive anchor or rebar when the need arises.

Thank You World of Concrete Booth Duty Help!

Helen Prince – CNA

Michael Schaeffer – Doka USA, Inc.

Sue Wooldridge – PNA Construction Tech.

Brian Moore – FMI Corporation

Greg Hryniewicz – Hyde Concrete

Zeke Zinchiak – Z Con Inc.

Janet Greco – Ruttura & Sons Construction Co.

John Ylinen – Sundt Construction

Chris Forster – Morley Construction

Shawn McMahon – McMahon Contracting

Rocky Geans – L.L. Geans Construction

Teresa Stier – PNA Construction Tech.

Clay Fischer – Woodland Construction

Craig Dahlgren – Sika Greenstreak

Richard Dunlop – Air Pumped Sand & Gravel

Aaron Long – PROCON Inc.

Bryan Stamper – Concrete Equipment Zone

Nick Adams – Euclid Chemical

Marsha Harding – PNA Construction Tech.

Jeremy Clark – Stego Ind.

Charlie Doherty – NY Rebar Inc.

Wayne Kirkland – CNA

Carol McMillan – Angus McMillan Concrete

Keith Wayne – Wayne Bros.

Ed Day – Etico Construction Group

Chris Plue – Webcor Concrete

T.R. Kunesh – Bekaert Corp.

Todd Schneider – Schneider Contracting Corp.

Henry Chiu – CNA

Jim Jalliet – PNA Construction Tech.

Ed Grube – JG Concrete

Steve Hamilton – United Structural Concrete

Eric Gereneia – PNA Construction Tech.

Paul Albanelli – Albanelli Cement Construction

Andy Schuller – Raffin Construction

Jim Raffin – Raffin Construction

Carlton Bier – Strand Concrete

Rusty Porter – Strand Concrete

Mike Ecton – Ecton Construction

Jeff Young – Buckeye Ready Mix

Nigel Parkes – PNA Construction Tech.

Angus McMillan – Angus McMillan Concrete

Andres Vaca – PNA Construction Tech.

Al Padelford – Precision Concrete Construction

Scott Truax – Middle Georgia Concrete

Frank Lewis – Sundek

Tom Ralston – Tom Ralston Concrete

Jack Thomas – SureCrete Design Products

John Belarde – Belarde Company

Byron & Chris Klemaske – T.B. Penick & Sons

Jim Mullins – Butterfield Color

Keith Smith – Keith Smith Concrete

Keith Heiser – Todd Rose Decorative Concrete

Denise Valdepena – Decorative Concrete Supply

Chris Sullivan – Chemsystems, Inc.

Paul Schneider – Patterned Concrete of Cincinnati

Mike Lowe – Increte Systems

Rich Cofoid – Increte Systems

Dionne Ojeda – Fritz-Pak Corporation

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Thank YouKick Off Bash Sponsors

Sika GreenstreakForta CorporationWacker Neuson Sales Americas, LLCNorth Coast Concrete, Inc.Woodland Construction Co.Multiquip, Inc.Decorative Concrete SupplySchwing America, Inc.American Concrete InstituteKeystone Structural ConcreteLloyd Concrete Services, Inc.T.B. Penick & Sons, Inc.Concrete Network.ComJoseph J. Albanese, Inc.Wayne Brothers, Inc.S & S Concrete Floors

Poppoff, Inc.Morley Construction Co.W. R. Meadows, Inc.Doka USACalifornia Engineering Contractors, Inc.Palatial Concrete Ltd.Ceco Concrete ConstructionSpecChemMcMahon Contracting, LPSureCrete Design ProductsPutzmeister AmericaZ Con, Inc.Concrete Contractor MagazineAlbanelli Cement Contractors, Inc.Cleveland Cement Contractors, Inc.Butterfield ColorWebcor ConcreteHanley-Wood, LLCConcrete Strategies, LLCRaffin Construction Co.Concrete Contractors Assn. of ChicagoStructuralCharles Pankow Builders Ltd.Roadware, Inc.

The Eucl id Chemical Co.

Al len Engineering Corp.

Somero Enterprises

PNA Construction Technologies

Caterpi l lar, Inc.

Stego Industries LLC

CNA Insurance

Barton Malow Co.

Citadel Contractors, Inc.

Platinum Gold

Silver