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DECEMBER 2011 Contents 

16 

12 

16 

Inside Washington 

Special Report 

By Eben Wyman 

December 2011 | www.utilitycontractoronline.com 

NUCA enjoys significant wins in the first session 

of 112th Congress and looks ahead to important 

challenges. 

The Next Evolution 

in Innovation 

By Keith Gribbins 

Discover 10 utility construction machines and 

technologies changing the equipment industry. 

A Well Balanced Backhoe 

22 DEPARTMENTS 

24 

26 

Loader 

By Norman Blair 

24 

Enhance productivity and promote safety with 

these optional backhoe loader technologies. 

Eight Ways to Protect Your 

Construction Company 

By Paul Tonella and Benjamin Greenberg 

Ensure your business decisions and company 

structure correspond with proper legal 

compliance. 

Then There Was Light 

By Todd Razor 

Utility contractors need not fear the dim 

prospect of being left in the dark. 

8 Groundbreaking News 

40 Calendar 

41 The Pipeline 

42 Advertisers’ Index 

NUCA 

DEPARTMENTS 

6 Chairman’s Message 

28 Safety Management 

30 NUCA News 

32 Convention Preview 

4 Utility Contractor | December 2011

nuca CHAIRMAN’S MESSAGE 

NUCA Provides Value in 2011 

In a follow up from my last Chairman’s Message, I am happy to 

report that the 3 percent withholding tax has been fully repealed 

by Congress and signed into law by the President. This important 

achievement ranks high among the successes NUCA has to its credit 

in recent years. While NUCA works diligently to support legislation 

that affects the utility and excavation industry, a final unilateral 

victory in the lobbying game is pretty rare. I am very proud of 

NUCA’s staff and all of the NUCA members that have worked so hard 

to make this legislative effort a success. 

Now is no time to rest on our laurels, however. Before the President’s 

ink had a chance to dry, NUCA’s lobbying staff was giving exciting updates about the 

progress we are making on elimination of the current cap on private activity bonds that 

could be used to fund water and wastewater projects. We anticipate positive momentum 

that could make 2012 an exciting year for this legislation (HR 1802/B 939). 

As 2011 comes to a close, it is encouraging to know that NUCA has provided such 

quantifiable value to its members. We can be proud of our accomplishments to date, and at 

the same time be excited for the things to come. Another area where NUCA has demonstrated 

improved value for its members is the new “National Partners” (NP) program. 

As a part of NUCA’s strategic plan, the NP program was unveiled to provide better value 

for our associate members who want to engage with our membership beyond membership 

alone. After substantial due diligence, we realized that many of our valued associate 

members were becoming disenchanted with the conventional trade show format, yet still 

wanted to engage with contractors and other NUCA members. 

We also realized that associate members were spending a lot of money with unrelated 

third party vendors (hotels, trade show suppliers, freight, etc.) that provided no value to 

NUCA. It was clear that NUCA provided a lot of advertising and networking value that 

would suit the different levels of the NP program. We unveiled the program in 2011 and 

have received very positive feedback and participation. This program has participation 

levels that can accommodate any budget, but more importantly, provides different 

opportunities for value that associate members seek. Parts of the program resemble 

previous sponsorship opportunities such as convention sponsorship, but there are many 

new “value drivers” in the various packages. NUCA also offers a new range of website 

advertising starting in 2012. With just a few months of soliciting participants under our 

belt, we believe we have discovered the future of associate member sponsorship and we 

haven’t looked back since. 

NUCA is proud to have provided its membership with some larger, more visible 

accomplishments, but I would also like to recognize NUCA staff and leadership for the 

day-to-day small accomplishments that are the backbone of quality representation our 

members receive as part of NUCA. NUCA is committed to bringing the same high level of 

value demonstrated in 2011 into all its activities in 2012. 

6 Utility Contractor | December 2011 

Happy Holidays, 

Ryan Schmitt 

NUCA Chairman of the Board 

NUCA | www.nuca.com 

Officers 

Chairman of the Board 

Ryan Schmitt — Petticoat-Schmitt Civil Contractors, FL 

Chairman-Elect of the Board 

James Barron — Ronkin Construction Inc., MD 

Vice Chairman of the Board 

Florentino Gregorio — Anchor Construction Corp., D.C 

Treasurer 

Ronald T. Nunes — R.T. Nunes & Sons Inc., R.I. 

Secretary 

Bruce Wendorf — Forsberg Construction Inc., FL 

Immediate Past Chairman of the Board 

Dan East — Reynolds Southwest Inc. N.M. 

Asst. Secretary 

Bill Hillman — bhillman@nuca.com 

NUCA 

Board of Directors 

CONTRACTOR 

DIRECTORS 

Lane Berg, FL 

Kari Biernacki, N.M. 

Mike Donatelli, R.I. 

Glenn Ely, PA 

Mark Fuglevand, WA 

Kara Habrock, NE 

Richard R. Harp, GA 

Bill Martinak, OR 

Chad Reed, DE 

Jeff Rumer, CO 

Mark Scoccolo, WA 

Keith Steen, GA 

Andy Wolf, IA 

NON-CONTRACTOR 

DIRECTORS 

Albert Heckmann, OH 

Lewis Long, NC 

Roger B. Mohr, IL 

DIRECTORS-AT-LARGE 

Kevin Cripps, NC 

Thomas O’Rourke, NV 

NUCA 

Staff 

Chief Executive Officer 

Bill Hillman — bhillman@nuca.com 

Vice President of Marketing 

and Communications 

Bonnie J. Williams — bonnie@nuca.com 

Benjamin Media 

www.benjaminmedia.com 

Publishing Team 

Publisher 

Robert D. Krzys — robk@benjaminmedia.com 

Direct: (330) 315-2061 

Managing Editor 

Keith Gribbins — kgribbins@benjaminmedia.com 

Direct: (330) 315-2197 

Associate Editor 

Pam Kleineke — pkleineke@benjaminmedia.com 

Direct: (330) 315-2198 

Graphic Designer 

Elizabeth C. Stull — estull@benjaminmedia.com 

Marketing Director 

Kelly Dadich — kdadich@benjaminmedia.com 

Direct: (330) 315-2056 

Regional Sales Manager 

Ryan Sneltzer — rsneltzer@benjaminmedia.com 

Direct: (330) 315-2114 

Regional Sales Representative 

Tim Richards — trichards@benjaminmedia.com 

Direct: (330) 315-2129 

Audience Development Manager 

Alexis R. White — awhite@benjaminmedia.com 

November 2011 Volume 35, Number 11, Utility 

Contractor (ISSN 1098-0342) is published monthly 

for the National Utility Contractors Association by 

Benjamin Media Inc., 1770 Main Street, PO Box 

190, Peninsula, OH 44264. Periodicals postage paid 

at Peninsula, OH and additional office. One year 

subscription rates: Complimentary in the USA & 

Canada and $99 in foreign countries. Single copy 

rate: $10.00. ©2011 NUCA. All rights reserved 

by the National Utility Contractors Association for 

articles contained herein except where otherwise 

noted. No part of this publication may be reproduced 

or transmitted by any means without written 

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groundbreaking news 

No Loans = Less Jobs 

Ongoing Credit Crunch Increases Stalled Projects 

and Lingering Unemployment 

One-in-five stalled projects are directly 

resulting from financing problems, 

but did you know that more than 25 

percent of projects reported as stalled 

could qualify for LEED, Green Globes or 

other green certification status? 

The American Institute of Architects (AIA) is an excellent organization, 

and like NUCA, it’s a torchbearer for its industry (in this case 

professional architects). AIA is always releasing comprehensive reports 

on the construction industry and its latest one — Stalled Construction 

Projects and Financing Problems — caught our eye. The 

report concludes that the major obstacle holding back job creation 

in the United States is the persistent lack of construction financing, 

despite record low interest rates. 

“This report should lay to rest any doubt about what is a 

key source for holding back job creation,” said Kermit Baker, 

Chief Economist of the AIA. 

“It is the lack of financing 

especially to the 

design and construction 

sector, 

which accounts 

for $1 in $9 of 

U.S. Gross Domestic 

Product.” 

Relying on data compiled by McGraw-Hill Construction 

and Reed Construction Data, the report found that: 

1. The share of projects stalled due to financing problems 

through August 2011 has almost doubled since 2008. 

2. One-in-five stalled projects are directly resulting from financing 

problems. 

3. Financing problems account for a higher share of stalled 

projects in the education and multi-family sector. 

4. More than 25 percent of projects reported as stalled due to 

the credit crunch could qualify for LEED, Green Globes or 

other green certification status. 

5. Financing issues are less of a factor holding back projects in the 

manufacturing, private health care and retail environments. 

“Whatever the reason — be it over-regulation, the threat of a double-dip 

recession or the reluctance to have too many loans on the 

books — lenders are just not lending to a major job-producing sector 

of the American economy,” Baker noted. “Until more credit is 

extended, the potential of non-residential construction to promote 

greater levels of economic growth will not be realized.” 

The construction industry is one of the most volatile sectors in the 

U.S. economy and, as such, benefits greatly from economic expansions 

and suffers greatly in economic downturns. The most recent 

economic cycle has been particularly devastating for the construction 

industry. Since the end of 2008, construction spending in the 

United States has declined by more than a quarter, or by almost 

$300 billion, with the loss in this sector alone accounting for a 2 percent 

decline in the size of the U.S. economy. But even this significant 

decline underestimates the total impact of this loss on the economy. 

Want to learn more? Visit AIA online at www.aia.org/index.htm. 



Komatsu’s Hybrid Excavators 

Qualified for CARB Funding 

Some manufacturers use green machines as good PR — 

designing one-off hybrid concept vehicles that make nice showpieces 

at press events and trade shows, but aren’t really mass 

produced for the construction market. That’s not Komatsu. The 

global equipment manufacturer is one of the few innovators in 

the machine market that’s putting hybrids on the market today. 

The Komatsu Road Machinery group announced in late 

November that Komatsu’s Hybrid HB215LC-1 hydraulic excavator 

is available at its California locations and qualifies for 

funding through the California Air Resources Board’s (CARB’s) 

Hybrid Off-Road Equipment Pilot Project. 

“The CARB program is a terrific opportunity to purchase 

the excavator at substantial savings and help improve the 

environment with lower emissions,” explains Steve Branson, 

President and CEO at Road Machinery. “Komatsu’s Hybrid 

HB215LC-1 hydraulic excavator is the product of groundbreaking 

research and development. With its unique hybrid 

system, NOx and CO 2 

emissions are lower and fuel requirements 

are up to 25 percent less than comparable models.” 

The HB215LC-1 is powered by the Komatsu Hybrid 

System, which includes Komatsu’s recently developed 

electric swing motor, power generator motor, capacitor 

and a 139-hp diesel engine. Komatsu developed its revolutionary 

hybrid system to work on the principle of swing 

energy regeneration and energy storage using the Komatsu 

Ultra Capacitor system. Komatsu’s Ultra Capacitors provide 

fast energy storage and instantaneous power transmission. 

The kinetic energy generated during the swingbraking 

phase is converted to electricity, which is sent 

through an inverter and then captured by the Ultra 

Capacitor. This captured energy is then discharged very 

quickly for upper structure rotation and to assist the 

engine as commanded by the hybrid controller when 

accelerating under workload conditions. 

Through the program mentioned above, special CARB 

Hybrid Environmental Incentive Rebates are available for 

HB215LC-1 excavator purchases. The project is being 

administered and evaluated by the University of California 

Riverside College of Engineering — Center for Environmental 

Research and Technology. For a limited time, Road 

Machinery is offering 0 percent financing for as long as 60 

months to qualified buyers. 

Komatsu’s Hybrid HB215LC-1 hydraulic excavator reuses kinetic energy captured during the swing-braking phase of boom/ 

cab movement to assist its 139-hp diesel engine, lowering fuel costs and emissions. 

December 2011 | Utility Contractor 9


Father of the Backhoe 

Loader Named to 

Construction Equipment 

Hall of Fame 

Dig and load are the flagship operations of many utility 

contractors, and nothing quite performs those two tasks 

better than a backhoe loader. More than 50 years ago, 

a clever engineer named Elton Long first designed and 

manufactured the original tractor loader backhoe in the 

United States. In November, the Association of Equipment 

Manufacturers (AEM) inducted Long into the Construction 

Equipment Hall of Fame, the equipment industry’s 

highest award. 

“Elton Long’s induction into the Construction Equipment 

Hall of Fame is a great honor for his family, as well 

as his extended family at Case,” said Jim McCullough, 

President and CEO of Case Construction Equipment. “We 

are pleased to accept this distinguished recognition of Mr. 

Long’s many significant contributions, his innovation and 

his leadership.” 

Long’s innovation propelled Case Construction into a 

position of leadership in the construction equipment industry, 

which continues today. Long’s credits go beyond 

being the primary engineer responsible for designing the 

Case 320 backhoe loader; he earned dozens of patents during 

his career, and his legacy of innovation and success 

continues to influence the construction equipment industry. 

Long lived from 1921 until 2003. 

AEM added Long to its Construction Equipment Hall of 

Fame at an induction ceremony in Miami, during its annual 

conference. A judging board comprised of impartial representatives 

and experts from major industry associations 

elected Long to the Construction Equipment Hall of Fame. 

The judging panel evaluates nominees based on the extent 

to which they exemplify the Hall of Fame’s five guiding 

principles: innovation, industry contributions, leadership, 

corporate citizenship and 

sustainability. 

Long made his biggest 

impact on Case and the industry 

when he led the team 

that developed the first 

Pictured in front of one 

of the original Case 

320 backhoe loaders, 

Sue Long, Elton Long’s 

widow, and Sandy 

Mill, his son-in-law, 

accept an award for the 

Construction Equipment 

Hall of Fame. 

factory-integrated “loader/ 

backhoe,” shipping the first unit — the Model 320 — on 

Feb. 27, 1957. With the backhoe loader, Long and his team 

created a machine that provided many advantages over the 

retrofit approaches of other manufacturers. The integrated 

backhoe loader was compact and easy to handle in a variety 

of applications, including jobs previously done by 

hand. Its integral design accommodated the different types 

of loading, digging and carrying requirements the machine 

would experience, and resulted in a manufactured product 

tough enough to withstand the combined stresses of various 

construction, agricultural and industrial applications. 

Upon his retirement in 1984 as Vice President of Engineering 

at Case, Long had received 46 patents for his 

work in designing and improving construction equipment, 

including the hydraulic “Extendahoe” extendible dipper 

stick that added 2.5 ft to the backhoe’s dig depth. It continues 

as a popular option more than 40 years later. 

Zap this bizarre looking symbol with your 

smart phone (using a QR code app) and 

read an entire story on how to buy a 

backhoe loader. 



Terex Construction Equipment Is 

Now Available at Home Depot 

Tool Rental Centers 

The equation between equipment, contractor 

and dealer is an ever-changing formula. 

Over the last couple of decades, big box chains 

(places like Lowe’s, the Home Depot and even 

Wal-Mart) have infiltrated the contractor’s 

supply chain, using a more consumer-focused 

approach to tooling and now equipment 

rental. Today, Compact Equipment Power 

Equipment Centers (CPECs) are located in 

280 select locations of the Home Depot Tool 

Rental stores, supplying both consumers and 

professional contractors with iron. Terex just 

announced its PT-30 and PT-50 compact track 

loaders, TSR50 skid steer loaders and TC16 

compact excavators are available for rent at all 

of those CPEC locations. 

“This is an exciting opportunity for Terex,” 

says John Poag, Director of Rental, Government 

and Remarketing at Terex Construction. 

“We are pleased to have the Terex brand 

presented to customers alongside such wellknown, 

reputable brands as Compact Power 

Equipment Centers and the Home Depot.” 

According to Poag, when the partnership 

between the Home Depot and CPEC was 

formed earlier this year, Terex placed equipment 

in 170 Home Depot locations. Top performing 

locations include the Home Depot 

flagship store in Atlanta, as well as stores in: 

Nashville, Tenn.; Rock Hill, S.C.; Greenville, 

S.C.; Fort Worth, Texas; Tampa, Fla.; Dallas; 

Memphis, Tenn.; and Olive Branch, Miss. 

Both the Memphis and Olive Branch stores 

are just 30 miles from the Terex Construction 

operations office in Southaven, Miss. 

“For contractors who are trying to keep their 

overhead low or need some extra equipment 

for a big job, our goal is to provide solutions for 

all of their equipment needs,” says Jon Richardson, 

Director of Corporate Fleets at Compact 

Power. “This means having the right equipment, 

like Terex compact track loaders, skid 

steers and compact excavators, available when 

and where contractors need it. Whether a contractor 

is looking for a long-term rental contract 

or simply requires equipment for a few hours, 

our centers are dedicated to providing these 

customers with excellent service, 

helpful advice and versatile, affordable 

equipment solutions for every 

rental need.” 

Compact Power CEO Roger Braswell 

concluded: “Compact Power 

Equipment Centers, stocked with 

Terex compact construction equipment, 

are the go-to source for our 

customers’ rental needs. Our goal 

is to open an additional 300 Compact 

Power Equipment Centers in 

the future — our strategic relationship 

with Terex is very important in 

achieving this.” 

For more information go to www.utilitycontractoronline.com/info 

Do you need to rent a compact track 

loader for an upcoming project? Try 

stopping by your local Home Depot. 

The big box chain is now renting Terex 

compact equipment. 


Inside Washington Special Report 

Grassroots Efforts and Coalition-Building Bring NUCA Values to the 112th Congress 

By Eben Wyman 

The first session of the 112th Congress began 

and ended with two huge legislative victories 

for utility and excavation contractors 

and American businesses around the country. 

Repeal of both the “1099 paperwork provision” and 

“3 percent withholding tax” showed what can happen 

when likeminded organizations work collectively to 

block overly short-sighted government policy. 

At the same time, the industry took a significant hit on 

public financing for water and wastewater infrastructure 

financing programs. Yet we were pleased with quick and 

substantial progress this year on legislation that would 

increase opportunities for public-private partnerships 

funded by private activity bonds. Reauthorization of the 

nation’s surface transportation system continued to face 

steep challenges, and the concept of establishing a national 

infrastructure bank raised some eyebrows on and 

off Capitol Hill. A very serious threat to traditional global 

positioning systems (GPS) from a telecommunications 

start-up mobilized several federal agencies, the construction 

industry and all users of GPS. 

All in all, it was a pretty good year for NUCA, and the 

Association is now gearing up for what will be an exciting 

and incredibly important second session, where every 

day into a presidential election year further reduces 

the chances of getting essential legislation done. 

1099 Repeal Starts the Year 

Out Right 

Marking a huge win for NUCA and fellow member 

organizations of the Small Business Coalition for Affordable 

Healthcare (SBCAH), Congress passed the Comprehensive 

1099 Taxpayer Protection and Repayment 

of Exchange Subsidy Overpayments Act of 2011 (HR 

4) in April. The legislation repealed the atrocious “1099 

paperwork requirement” that was buried in the massive 

2009 healthcare package. The mandate would have required 

businesses to track and report most business-tobusiness 

transactions above $600 to the IRS. For many 

businesses, this would have amounted to hundreds of 

new reportable transactions, involving 1099 reports sent 

to both the IRS and the reportable business. 

In a strongly worded letter to Congress, the SBCAH 

noted that recent studies show that “the cost of complying 

with the tax code is 66 percent higher for a 

small business as compared to a large business. Small 

businesses lack the compliance capabilities to track 

and report each new transaction, and in order to comply 

with this new requirement, they will have to pull 

capital out of the business that could be better used to 

reinvest in the business and create jobs.” 

The 1099 repeal was a big victory, but NUCA and 

the SBCAH are not finished with the Patient Protection 

and Affordable Care Act (P.L. 111-148). We will continue 

efforts to repeal the employer mandate, as well as 

various tax issues that will burden American businesses 

if the healthcare law continues to be implemented (depending 

on consideration by the Supreme Court). 

Withholding Tax Fully Repealed by 

Overwhelming Margins 

In one of the biggest legislative victories for NUCA in 

recent years, the House and Senate voted unanimously 

to repeal the “3 percent government withholding tax,” 

which was quickly signed by the President. After weeks 

of back and forth between the House and Senate, the 

House passed the Senate-amended version of the bill. 

As a member of the Government Withholding Relief 

Coalition (GWRC), NUCA and hundreds of business 

organizations worked for more than five years to raise 

awareness about the withholding tax and build support 

for its repeal. Scheduled to be implemented in 2012, the 

mandate would have required virtually all federal, state 

and local government entities to withhold 3 percent of 

payments to contractors and other organizations that 

provide goods and services to them. The withholding 

provision was already proving costly as the implementation 

deadline moved closer. 

Rep. Wally Herger (R-Calif.), a longtime champion 

on this issue, underscored the economic impacts that 

would come with repeal. “When small business owners 

are evaluating whether their investments will allow 

them to make a living, it matters if a new tax like this 

is going to cut off their cash flow in just over a year,” 

Rep. Herger said. “Repealing this detrimental mandate 

is an important step in making it easier for small businesses 

to create jobs.” NUCA appreciates the work of 

Rep. Herger and Rep. Earl Blumenauer (D-Ore.), who 

stepped up this year as the lead Democrat in this effort. 

Rest assured, this victory would not have been possible 


without the strong, steadfast support of NUCA members 

and chapters around the country. 

Infrastructure Groups Keep 

the Pressure On 

The beginning of the 112th Congress saw an influx 

of new lawmakers, with 16 new Senators (3 Democrats 

and 13 Republicans) and 93 new House lawmakers (84 

Republicans and 9 Democrats). In the 2010 Election, 55 

incumbents were voted out (53 Democrats and 2 Republicans), 

and strong demands to rein in government 

spending from newly elected Republican lawmakers 

seemed to dominate the national debate. Therefore, efforts 

to increase the federal ante for American infrastructure 

proved to be an increasingly hard sell. 

The need to invest in America’s underground environmental 

infrastructure is well known and documented. 

According to the Environmental Protection Agency 

(EPA), hundreds of billions of dollars are needed to repair 

and rebuild America’s underground environmental 

infrastructure, yet the lack of public dollars has kept the 

construction industry on the sidelines. In fact, the construction 

industry has been the hardest hit sector of the 

economic downturn and continues to face an unemployment 

rate well over 10 percent. Construction firms that 

work on public water and wastewater infrastructure projects 

likely face significantly higher unemployment than 

other sectors of the industry. 

Investment in water and wastewater infrastructure creates 

a myriad of high-paying jobs, generates significant 

economic activity and expands the local tax base. In fact, 

a recent study conducted by the Clean Water Council 

found that every $1 billion invested in water and wastewater 

infrastructure can: create up to 27,000 new jobs 

with average annual earnings of more than $50,000; 

generate a national output (i.e. demand for products and 

services in all industries) of up to $3.46 billion; and bring 

more than $1 billion in personal (spending) income. 

Importantly, a $1 billion investment would generate approximately 

$82.4 million in state and local tax revenue. 

EPA State Revolving Fund Programs 

Face Harsh Cuts in Appropriations 

As is increasingly the case, Congress has found it impossible 

in recent years to pass appropriations measures 

for all federal agencies. Consequently, a “continuing 

resolution” won out in the FY 2011 spending package 

for the EPA State Revolving Fund (SRF) programs. After 

suffering a nearly $1 billion reduction in SRF funding 

under the FY 2011 continuing resolution, funding 

for the Clean Water SRF was reduced to $1.55 billion 

from $2.1 billion in the original FY 2011 package, and 

the Drinking Water SRF was cut to $990 million, down 

from $1.4 billion. In total, the SRF programs received 

an appalling $2.5 billion, down from approximately 

$3.5 billion in the original FY 2011 package, reflecting 

a 27 percent reduction in total SRF funding. 

To make matters worse, FY 2012 SRF funding 

faces further cuts in the face of the energized fiscal 

hawks in the House Republican majority. In fact, 

House Republicans are looking to return to the FY 

2008 levels of the Bush Administration, providing 

$689 million to the Clean Water SRF and $829 million 

for the Drinking Water SRF in FY 2012. Obviously, 

NUCA recognizes the need to think outside 

the box on water infrastructure investment. 

New T&I Water Legislation Takes 

Comprehensive Approach 

Later in the year, new legislation (HR 3145) was 

introduced by Democrats on the House Transporta- 

NUCA knows Capitol Hill: CEO Bill Hillman (right) 

and Vice President of Government Relations Eben 

Wyman (center) ensure Representatives like Eric 

Cantor (R-VA-7th District) understand the utility 

construction agenda. 


tion and Infrastructure Committee that would authorize $13.8 

billion over five years for the Clean Water SRF, $2.5 billion in 

grants for Combined Sewer Overflow improvements and $250 

million in grants to promote alternative water source projects. 

The bill also would establish a Clean Water Trust Fund to provide 

a dedicated source of revenue for wastewater infrastructure 

improvements, using a variety of sources to generate revenue 

and encourage the use of “green infrastructure” to promote water 

efficiency improvements. The legislation would require that 

projects are subject to prevailing wage requirements under the 

Davis-Bacon Act and that they codify the “Buy American” provisions 

in the Clean Water Act. While this legislation doesn’t stand 

much of a chance in the current political environment in the 

House of Representatives, NUCA supported the bill in a letter 

to author Rep. Tim Bishop (D-NY), stating that “while no ‘silver 

bullet’ exists to address these challenges, passage of HR 3145 

would be a big step toward job creation, economic recovery, enhanced 

public health and environmental protection.” 

Infrastructure Bank Legislation Pushed by 

President 

Around the middle of the year, the Building and Upgrading 

Infrastructure for Long-Term Development Act of 2011 (BUILD 

Act) was introduced by Sens. John Kerry (D-Mass.) and Kay Bailey 

Hutchinson (R-Texas). The legislation, supported by both 

the U.S. Chamber of Commerce and the AFL-CIO, would establish 

an American Infrastructure Financing Authority (AIFA), 

or National Infrastructure Bank, to complement existing infrastructure 

funding. Under the bank concept, projects for water, 

wastewater, transportation and energy infrastructure would be 

funded by loans and loan guarantees for the most significant 

and economically viable projects across the country. Initial “seed 

money” in the amount of $10 billion would be provided from 

the government, with the stipulation that after that the bank 

must become self-sustaining. The legislation restricts the payment 

of government funds to no more than 50 percent of a project’s 

costs, or just enough to attract private investment. 

The goal is for the bank to leverage hundreds of billions in 

private infrastructure funding. It would be publicly-owned but 

operate independently. A board of directors and chief executive 

officer would be appointed by the President and members of the 

Senate. A matter of concern to NUCA is that projects would have 

to be at least $100 million in size and “of national significance,” 

which could hurt the chances of water infrastructure projects 

being eligible. Like so many infrastructure bills in the current 

political environment, the BUILD Act faces opposition in many 

congressional circles, although it was included in President 

Obama’s “American Jobs Act,” introduced earlier this year. 

Opening the Door to Significant Private 

Investment 

Recognizing the need for innovative financing for water and 

wastewater infrastructure improvements, NUCA has increased 

the focus of its advocacy efforts to provide more opportunities for 

public-private partnerships. The use of tax exempt private activity 

bonds (PABs) encourage significant investment from the private 

sector, creating jobs and enhancing local economies while rebuilding 

America’s dilapidated underground water infrastructure. 

A proven, effective and inexpensive financing tool for water 

infrastructure projects is the PAB, a form of tax-exempt 


NUCA Chairman of the Board Ryan Schmitt (right) testified 

in front of the House Appropriations Subcommittee on 

Interior, Environment and Related Agencies in April. Here he 

meets with Allen West, a Republican U.S. Representative for 

Florida’s 22nd Congressional District. 

financing for state and municipal governments looking to 

partner with a private entity to meet a “public need” such 

as a wastewater treatment plant. The partnership approach 

makes infrastructure repair and construction more affordable 

for municipalities and ultimately for customers. Tax 

exempt bonds employ private capital in lieu of public debt 

and, importantly, transfer the risk and long-term debt from 

the public entity to the private partner. PABs also provide 

lower-cost financing, which translates into lower cost for 

the consumer. 

Unfortunately, federal tax law limits the amount of PAB 

debt that may be issued annually in a state. The volume limit 

or “cap” is based on the state’s population. This year the cap 

is $95 per resident or $277.8 million, whichever is greater. 

Because of the cap, the “out of sight, out of mind” nature of 

water infrastructure projects usually lose out to more politically 

attractive infrastructure projects such as roads, bridges 

and schools. In 2007, only 1.3 percent of all exempt facility 

bonds were issued to water and wastewater projects. 

Eliminating the state volume cap on PABs that fund water 

and wastewater infrastructure was last estimated by the Joint 

Committee on Taxation to cost the federal government $354 

million over 10 years, but has the potential to generate up to 

$50 billion over the same period. 

In the first session of the 112th Congress, NUCA saw remarkable 

progress on our PAB legislation, gaining almost as 

many cosponsors on House and Senate versions of the bill as 

we garnered during the entire previous Congress. Working 

closely with key lawmakers and their staffs, NUCA, as chair of 

the Clean Water Council (CWC) and co-chair of the Sustainable 

Water Infrastructure Coalition (SWIC), led the way in getting 

51 co-sponsors on the House bill (HR 1802) and 7 on the 

Senate version (S 939) in this year alone. 

NUCA, the CWC and SWIC continue to believe that passage 

of the PAB legislation will offer an effective, immediate 

and fiscally responsible way to kick-start struggling water infrastructure 

markets around the country, and we look forward 

to leading the way to final passage of the bill.

Highway Reauthorization Continues to 

Prove a Hard Sell 

As an active member of the Transportation Construction Coalition 

(TCC), NUCA works with 29 national associations and 

construction unions representing hundreds of thousands of individuals 

with a direct market interest in federal transportation 

programs. The TCC, of which NUCA has been an active member 

since its inception in 1996, works tirelessly toward a multi-year 

reauthorization of the nation’s surface transportation program. 

The TCC’s message is clear: Enough with the “kick the can 

down the road” approach. Pass a multi-year reauthorization 

bill. Congress has passed almost 10 extensions of current funding 

since the reauthorization was first set to expire on Oct. 1, 

2009. Short-term extensions only mean that states cannot execute 

plans to fund critical transportation projects, and highway 

contractors cannot plan for the future because of the continued 

uncertainty in the market. The highway program is scheduled 

for funding through March of next year, but the lack of political 

will for a robust bill does nothing for states and the construction 

industry in terms of project planning. 

At press time, NUCA was expecting the House Transportation 

and Infrastructure Committee to act on a $230 billion, sixyear 

bill for highways, highway safety and transit. That amount 

would reflect a $56 million reduction from what was included 

in the last six-year surface transportation bill. The House bill 

The association’s Washington Summit brings in NUCA 

troops from across the nation for a day of briefings 

(pictured) followed by a day of speaking to important 

decision-makers on Capitol Hill. 

is expected to consolidate duplicative programs, streamline 

projects and provide states with needed flexibility to address 

their transportation priorities, but does not address the revenue 

shortfall that threatens to undermine the long-term viability of 

our transportation system. Meanwhile in the Senate, leaders of 

the Senate Environment and Public Works (EPW) Committee 

passed a two-year, $109 billion bill that would maintain current 

spending levels, adjusted for inflation. 

LightSquared Telecom Proposal Has 

Construction on Edge 

NUCA joined dozens of national organizations that make up 

the Coalition to Save Our GPS, which is working collectively 

to block efforts by LightSquared Inc. to develop new wireless 

broadband services that directly threaten to interfere with 

frequencies used by GPS receivers. The Federal Communications 

Commission (FCC) conditionally allowed LightSquared 

to proceed at the beginning of this year pending required testing 

to determine the extent of the impacts that LightSquared 

would cause on GPS systems. So far, the testing has only 

confirmed this threat. The construction industry has much at 

stake in GPS technology, as it is used to modernize and automate 

construction sites, equipment and processes. The utility 

construction and excavation industries would be especially 

impacted because of their reliance on GPS in efforts to prevent 

damages to underground facilities during excavation. 

Earlier this year the House Committee on Science, Space 

and Technology held a hearing to review the results of recent 

testing on the impact of the LightSquared network on 

the GPS signal. Committee members expressed concern that 

“potential interference could disable the GPS signal used 

for critical U.S. government services and science missions.” 

While the vast majority of those involved in the debate are 

fully opposed to the LightSquared proposal, the issue will 

continue into next year. 

REINS Act Allows for Congressional Accountability 

in Federal Regulating 

The vast majority of business organizations commonly 

complain about the extent to which the Obama White 

House is promulgating federal regulations. The number of 

pages in the Federal Register (publication where all new 

rules must be published) jumped 18 percent just last year, 

and more than 4,200 regulations are now on the federal 

agenda. The impacts on American small businesses are 

more than significant. 

To provide needed relief to American businesses already 

struggling to stay afloat, Rep. Geoff Davis (R-Ky) introduced 

the Regulations from the Executive In Need of Scrutiny 

(REINS) Act (HR 10) earlier this year. It passed the 

House on a bi-partisan vote of 241 to 184 on Dec. 7. The 

legislation, which would require an up-or-down vote on every 

new major federal rule costing more than $100 million, 

will provide needed relief from federal bureaucracies that 

continue to overwhelm American businesses with often unnecessary 

regulatory red tape. 

In a letter of support thanking Rep. Davis for his leadership, 

NUCA recognized “the need for reasonable federal 

oversight and common-sense regulation,” but maintained 

that “arbitrary regulations that are not backed up by sound 

science are more than overly burdensome — implementation 

and compliance costs can serve as another nail in the 

coffin as American companies struggle to stay afloat.” 

Any reader of this column knows how valuable NUCA 

staff considers its dedicated network of grassroots members 

and chapters. We hope you will continue to stay in the 

game as we head into an unbelievably important election 

year. As always, we’re looking forward to doing our part, 

and we hope you will continue to support the efforts of 

your association in the months ahead. 

Eben Wyman is the Vice President of Government Relations at NUCA. 


The Next Evolution 

in Innovation 

Discover 10 Utility Construction Machines and 

Technologies Changing the Industry 

By Keith Gribbins 

At the Utility Contractor offices, only the finest models of machines are tagged for further study. 

The most curious and cutting-edge brands of construction equipment (excavators, skid steers, 

wheel loaders and onward) are captured, researched and reviewed to inform our readers who 

work in the asphalt jungle every day. For the final installment of Utility Contractor in 2011, we 

open the gates to our exclusive equipment showcase, revealing the most innovative machines we 

discovered this year. Manufacturers from around the globe released next-generation product lines 

into the commercial construction wilds (general equipment, attachments and exclusive utility 

construction technologies). We can’t include every piece of great equipment, but we’ve brought 

the best of these new releases right here to our 2011 Innovations Showcase. Pore through the next 

five pages and find 10 of the most interesting pieces of equipment unleashed during the last year 

and pick the newest tool for your company and crews. 

Keith Gribbins is Managing Editor of Utility Contractor. 

Efficiency Is the 

Mission 

New Case F Series Wheel Loaders Boast 

17 Percent Greater Fuel Savings 

Case is a clever company. It’s taken the opportunity to meet 

new diesel engine regulations (Tier 4 Interim emissions standards) 

to make its machines more powerful, comfortable and 

efficient. In early 2011, Case Construction Equipment introduced 

three new F Series wheel loader models with three new nextgen 

engines. The new machines provide faster acceleration, 

quicker cycle times and higher travel speeds while delivering as 

much as 17 percent greater fuel efficiency. The F Series wheel 

loaders meet contractors’ needs while delivering clean green 

benefits demanded by municipal and state governments. 

The Case 721F, 821F and 921F wheel loaders use proven 

selective catalytic reduction (SCR) technology to meet 


Tier 4 Interim emissions standards while also delivering increased 

power and improved fuel efficiency. “With the SCR 

technology in our Case F Series wheel loaders, Case has 

made what was already the industry’s most fuel-efficient 

line of wheel loaders even more fuel efficient,” says Tim 

O’Brien, Marketing Manager at Case Construction Equipment. 

“At the same time, the Case F Series engines are 

more powerful and respond faster.” 

The Case 721F, 821F and 921F wheel loaders feature a 

6.7-liter Tier 4 Interim-certified engine, rated at 179, 211 

and 242 hp (133, 158 and 180 kW), respectively. Contact: 

www.casece.com.

Rearmed 

JCB’s New Generation of One-Armed Skid 

Steers and Track Loaders 

In 1993, JCB introduced the industry’s first mono-boom 

skid steer, a machine based upon the same principles as a 

telescopic handler. Today, the company’s New Generation 

skid steers and track loaders embody this same innovative 

spirit while taking performance and safety to a higher level 

(a true NUCA mission statement). Available in a range of 

models featuring radial or vertical lift and compatible with 

more than 30 attachment families, these skid steers and 

track loaders are safe, durable, comfortable and simple to 

use for operators at all skill levels. 

JCB’s unique “PowerBoom” design provides an unobstructed 

rear view and best-in-class visibility. This design 

also gives operators access via the industry’s only sideentry 

door, clear of the attachment and loader arm. Redesigned 

control panels are located in the panels at the top 

of the cab within the operator’s line of sight. A 17 percent 

larger cab, multifunction joystick controls and an optional 

heated air-suspension seat improve operator comfort. 

A simplified design has decreased the total number of parts 

by 38 percent, and the company claims these machines use 

16 percent less fuel for significant savings over time. Contact: 

www.jcbamericas.com. 

Operator Assistance 

John Deere’s G-Series Excavators Designed 

with Contractor Collaborations 

Nobody knows machines like the operators in the field. So 

John Deere figured it would bring the professional operator into 

the design process, launching three new G-Series excavators 

featuring IT4-certified engines, more power and cab improvements 

to increase visibility — all with customer input. The new 

series introduction includes the 250G, 290G and 350G, ranging 

from 191 to 299 net hp. The company incorporated a whole 

host of new technologies and creature features on these three 

models that actually came from customers (from increasing 

power and hydraulic flow to reconfiguring the cab). 

Customer John Gleim, one of a group of excavator owners 

who has shared his needs and opinions with Deere for many 

years, noticed a power gap between excavator models that 

wasn’t apparent during conventional digging. It was apparent in 

another application, craning trench boxes. “They won’t use as 

big a box as is really needed, and pretty soon safety is compromised. 

We can’t have that — safety is critical to our day-to-day 

operations. I talked to Deere about adding more stability and 

power. They not only listened, they responded,” Gleim says. 

Contact: www.deere.com. 


Polarizing Solutions 

Vermeer Unveils New Magnetic 

Technology for Hard-Core Rock Drilling 

Equipped with the rock-focused MAGnum drilling system, 

the D36x50R Series II horizontal directional drill is a uniquely 

amazing piece of equipment. Using rapidly rotating magnets 

of alternating polarity within the carriage assembly, a high 

frequency percussive action is generated to fracture and effectively 

bore through tough formations, including solid 

rock. This hammer technology 

was developed 

in collaboration 

with FlexiDRILL, 

a New Zealandbased 

engineering 

company, 

and is licensed for 

exclusive distribution 

by Vermeer. 

Not a dedicated 

rock drill, the MAGnum 

system can be 

disengaged by the flip 

of the switch and the 

D36x50R Series II will 

perform as a conventional 

HDD drill. This versatility 

qualifies the drill for a 

range of ground conditions to help boost overall utilization. 

The D36x50DR Series II also comes in a rod-in-rod design 

configuration (with dual threaded makeup). With a rated 

rotational torque of 1,500 ft-lb (2033.7 Nm), the inner rod 

powers the downhole tri-cone as the outer rod provides 

steering and backreaming rotation. The dual threaded rod 

design also enables drilling fluid to course between the inner 

and outer rod, as well as through the inner rod, to help 

meet the volume requirements needed for efficient removal 

of the cuttings. Contact: 

www.vermeer.com. 


Designed to Adapt 

Wacker Neuson Introduces New 

Vertical Digging System on Mini 

Excavators 

Flexibility is the mantra of compact machinery, 

but Wacker Neuson is pushing the flexibility formula 

further with the introduction of its Vertical Digging 

System (VDS). An option on select compact 

excavators in 2011, the VDS compensates for 

height differences on uneven terrain and quickly 

sets the operator in an upright position, greatly 

increasing productivity. This innovative system 

enables operators to tilt the cab and boom of the 

excavator by up to 15 degrees with the push of a 

button, allowing the operator to compensate for 

slopes up to 27 percent. 

The excavator can then be used to dig more 

precisely in a vertical position, which significantly 

speeds up excavation and backfilling work, resulting 

in time and material savings of up to 25 percent. 

Operators can remain in an upright position, 

making it easier and more comfortable to operate. 

Increased stability is a further benefit, creating 

a safer environment for operators and across the 

construction site as a whole. Wacker Neuson is the 

only excavator manufacturer in the industry to offer 

the unique Vertical Digging System. The jobsite 

uses for the VDS are endless, but popular applications 

include digging on an embankment, straddling 

concrete curbs and digging in narrow areas. 

Contact: www.wackerneuson.com.

Road Runners 

Caterpillar Enters the Vocational 

Truck Market with the CT660 

Caterpillar makes just about everything. 

It’s the biggest manufacturer of earth moving 

equipment in the world, engineering skid 

steers, wheel loaders, mining trucks, excavators, 

backhoes, engines and everything in between. 

Now you can add vocational trucks to 

that expansive list. To a large group of press 

corps before CONEXPO-CON/AGG in March, 

Caterpillar released the Cat CT660, the first 

model in a full line of Class 8 vocational trucks 

designed to work as transit mixers, refuse haulers, 

dump trucks and in any application requiring 

a heavy-duty truck with reliability, durability 

and low cost of ownership. 

The project has been a long term partnership 

with Navistar, one of the major vocational truck 

leaders in the world. The synergy has yielded 

an awesome addition to the Class 8 market. Engine 

options for the CT660 include the Cat CT11, 

CT13 and CT15 — with displacements of 11.1, 

12.5 and 15.2 liters — providing horsepower ratings 

from 330 to 550 and peak torque ratings 

from 1,450 to 1,850 lb-ft. A notable transmission 

option for the CT660 is the Cat CX31 automatic, 

a reliable, proven performer since 2004 in 

global vocational applications. The CX31, with 

six forward speeds and one reverse, is built to 

complement the torque output of Cat CT Series 

engines. Contact: www.DriveCat.com. 



The Heat Is On 

Serious Thermal Products Introduces Fastest 

Ground-Thawing Machine 

Excavation in the cold is a common concern for year-round and 

northern-located utility contractors. When it comes to winter underground 

installations, there’s no better way to heat up frozen tundra 

than with the Serious Toaster ground-thawing machine, from 

Serious Thermal Products Ltd. Using patented infrared technology, 

the Toaster thaws frozen ground more than three times faster than 

similar competitive units, says the company, and it is the only CSAapproved 

product of its kind on the market. 

Ideal for underground installations, each Toaster thaws up to 

1.6 in. deep per hour in a 2-ft-by-10-ft area. Multiple units can be 

placed together in a series or any other configuration to accommodate 

larger applications. The Toasters are controlled by a solid-state 

electronic system, and they are fueled by clean-burning propane, 

making them an environmentally friendly choice. Furthermore, they 

do not produce open flames, so they can be safely placed next to 

buildings and utility pedestals. Weighing only 345 lbs each, Toasters 

fit in standard pickup beds and can be easily moved by two people. 

Contact: 403-671-7393 or www.serioustoaster.com. 

Roadwork Made Easier 

Plate Locks Offers a Cost-Effective Alternative to Using Cold-Mix Around Road Plates 


Installing and removing cold patch asphalt around road 

plates has always been time consuming, hazardous and labor 

intensive. Fortunately today, it’s no longer necessary. Plate 

Locks, winner of the Transportation Development Foundation 

Award and Roadway Work Zone Safety Awareness Award, has 

developed a new, inventive, cost-effective and reusable road 

plate securing system that does away with cold-mix for road 

plates and actually marks, identifies and secures them. 

Unlike cold patch, which depends entirely on adhesion to 

the road, Plate Locks is actually fastened to the road, preventing 

any sliding and shifting of the plate. Plate Locks is made 

from a recyclable, safety orange polypropylene thermoplastic. 

It comes in 5-ft lengths and can be cut to fit any sized plate or 

configuration of multiple plates. You can move them from job 

to job and it pays for itself after one or two uses vs. cold patch 

asphalt material, says the company. Plate Locks is also environmentally 

safe, unlike cold mix. It is reusable, has no off gassing 

of volatile organic compounds and is recyclable. There are 

also no harmful chemicals that can contaminate storm drains. 

Contact: 541-821-3622 or www.platelocks.com.

Economic Excavation 

The Ditch Witch FX25 Is a Nice Price-Conscious Vacuum Excavator 

Money and size are two big factors in the purchasing process. So when the Ditch Witch organization announced the release of 

the FX25 vacuum excavation system, they wanted to release an economical, but value-added solution for contractors needing 

the essential services of a vacuum excavator. Equipped with a 500-gal spoils tank, the FX25 is the direct result of customer requests 

for a low-cost vac system that can perform a wide range of cleanup and soft excavation tasks, including potholing, valve 

box and utility vault cleanout, storm drain cleaning, exposing buried utility lines, HDD site cleanup and everything in between. 

The basic FX25 utilizes several components common with the FX30 for comparable performance but with the added benefit 

of the simplicity of a gasoline engine. And, like other members of the Ditch Witch vacuum excavation product family, 

it can be configured and customized with numerous options, including an 80- or 

200-gal water system with 3,000-psi water pressure. The economical benefits 

of the FX25 extend to both its purchase price and general maintenance. 

The FX25’s large-capacity, single-element, three-micron, 

washable vacuum filter is easy to maintain, extending the life of the 

blower when properly serviced. All of the FX25’s functions 

are run by a single, open-access power pack, adding 

to the serviceability and simplicity of the unit. 

Contact: www.ditchwitch.com. 

Super Sucker 

The Vacuworx MC3 Mini Lifter Uses Air to Pick 

and Place Project Materials 

It takes dexterity to safely piece together a construction site. 

It’s a puzzle of moving pipes, concrete slabs, large lumber and 

working crews. It’s in this complex environment that the Vacuworx 

MC3 Mini Lifter was designed to excel. Fitted to a mini excavator, 

the Mini Lifter uses material-specific vacuum pads that 

can suction up and move all types of construction supplies — all 

diameters of coated and non-coated pipe, concrete slabs, steel 

plates, steel tanks, polished stone, glass, granite and landscape 

rocks. Only the pads must be changed to switch to different pipe 

diameters or other materials. It’s ideal for in-plant or in-field applications, 

making the versatile Vacuworx MC3 Mini Lifter a compact 

material-handling attachment capable of completing a wide 

range of utility construction-related jobs. Contact: 918-259-3050 

or www.vacuworx.com. 



A Well Balanced Backhoe Loader 

Enhance Productivity and Promote Safety with These Optional 

Backhoe Loader Technologies 

By Norman Blair 

While most owners or operators would agree 

that backhoe loaders are sometimes a primary 

machine and sometimes a secondary machine 

on the jobsite, all would agree that backhoes are 

a necessity for utility work. What some contractors might not 

realize is that equipment and features on some backhoes offered 

by equipment manufacturers on the market today may potentially 

enhance productivity and promote safety on the jobsite. Some 

would say that a backhoe is just a backhoe depending on weight 

class, horsepower, dig depth and lift capacity, but the truth is 

there are many things that separate manufacturers of backhoes 

when it comes to features or options that contractors should take 

into consideration when purchasing their next machine. 

Transmissions 

Some backhoe loader manufacturers offer a synchromesh 

transmission with a power shuttle as standard equipment. That 

means there is a four-speed shifter on the floor to the right of 

the steering wheel with a forward-neutral-reverse (FNR) power 

shuttle shifter on the left hand side of the steering wheel. With 

this transmission type, the operator has to shift with one hand 

and change machine direction with the other. There are also 

power-shift and auto-shift transmissions. These transmissions 

are usually optional. With this transmission, the operator only 

uses one hand to shift and change direction of the machine. 

Today, power-shift transmissions come in two different 

packages — one that uses mechanical synchronizers internal 

to the transmission to shift gears and one that uses hydraulic 

clutches internal to the transmission. Hydraulic clutches shift 

smoother and auto-shift transmissions allow the operator to 

shift either automatically or by hand. 

Mechanical Front Wheel Drive (MFWD) 

An owner or operator has much to consider when deciding 

if his backhoe should include mechanical front-wheel drive 

(MFWD). With MFWD, the operator has more control over 

the machine in adverse conditions both on flat surfaces 

and slopes. Some contractors opt for two-wheel drive, not 

feeling the need for MFWD because their machines are used 

on roads and other hard surfaces the majority of the time. 

It’s important to know that when a dealer is looking at a 

trade-in from a customer that MFWD machines are more 

desirable for resale and therefore bring a higher trade-in 

value. In addition to the economic benefit, MFWD assists 

the machine in performance. The operator can use MFWD 

to get more material at quicker cycle times into the loader 

of the backhoe. 

Ride Control 

Another feature on backhoes to consider is ride control. 

Ride control cushions the machine from bounce and aids the 

operator in material handling and day-to-day driving. Some 

contractors may not consider this feature because they do 

not road their machine that much; however, when carrying 

material (load and carry) in the loader bucket on the jobsite to 

load a truck, material is often spilled from the bucket because 

of bounce. Ride control has a dual advantage for both roading 

the machine and keeping material in the bucket while loadand-carry 

operations are being performed. With that being 

said, the operator can move more material and has more 

control over the machine. 

Norman Blair is a Backhoe Product Consultant with John Deere. 



Eight Ways to 

Protect Your 

Construction 

Company 

Make Sure Your Business Decisions 

Match Up with Proper Legal Compliance 

By Paul Tonella and Benjamin Greenberg 

All contractors are facing difficult times. While minor 

mistakes can doom a bid in this economy of 

increased competition for scarcer work, the smart 

contractor will pay as much attention to his or her 

business practices as to bidding and construction methods. 

Following is a list of legal topics regarding the other aspect of 

construction — sound business legal strategy. 

1. Choose the Right Entity 

Limiting your personal liability is critical. All forms of business 

organizations have their strengths and weaknesses. A sole proprietorship 

is the least complex and least expensive, but it has the 

most risk of liability for the owner. For an owner also desirous of 

protecting personal assets, it can be a dangerous choice. For this 

reason we always recommend setting up a business in a limited 

liability form. 

LLC’s and Corporations are more complex and cost additional 

administrative time and fees. The single most important characteristic 

of these limited liability entities is their shield of liability for the 

owners. Provided an owner observes the formalities required by law, 

this shield should not be able to be breached, allowing the owner 

to safely accumulate wealth outside of the business. Regardless of 

the form — observing good corporate practices, regular meetings 

of directors or managers, keeping detailed minutes of meetings and 

otherwise — complying with the formalities will help keep your 

limited liability shield intact. 

As companies grow and desire to expand their capacity for bidding 

and winning either larger jobs or jobs with specific technical 

issues, they will be faced with the choice of entering into joint ventures 

with other entities. Unless created as an LLC, a joint venture 

relationship will be treated as a partnership under state law. Partnerships 

are easy to form and maintain under Washington law (at 

least) and do not even require a written agreement; however, all 

partners are typically liable for the obligations incurred by the partnership. 

Therefore a careful understanding of the bid requirements, 


each party’s insurance and bonding coverage and capacity and balance 

sheet health is important in answering the question — should 

I be a partner in a partnership or a member of an LLC? 

2. Separate Ownership of Operations 

A company should consider forming separate business entities 

(using the guidance above for each entity) for operations, holding 

equipment and, if applicable, office ownership. An operational 

entity should, among other things, handle the business of entering 

into contracts with owners and the various subcontractors, suppliers 

and other third party vendors. A separate entity should buy 

most or all equipment and lease the equipment to the operational 

entity. Finally, any building or office space that is purchased should 

be owned by an entity separate from the previous agreements and 

leased to the operational entity. An important advantage of this 

practice occurs in the case of a judgment being rendered against 

the operational entity. In this circumstance, if properly organized 

and operated, the assets of the other entities cannot be touched. 

3. Properly Document Infusions of Cash 

Owners generally fund working capital needs of their companies 

through two ways — by making capital contributions or through 

lending. There are large advantages to using the latter. In case the 

company fails, the owner may have an interest in the company assets 

ahead of other creditors. However, in order for this to occur, any 

loan should be properly documented at the time it is made, and in 

order to obtain priority over the business’ other general unsecured 

creditors , it should be secured by company assets through a written 

security agreement and proper state filings and recordings. 

4. Work Toward Consistency in Your 

Contracts 

A company will enter into numerous agreements. A few examples 

are: construction contracts, loan agreements, employment 

agreements and vendor agreements. Consistency in clauses across

these agreements will reduce your review time, your questions and 

the attorney’s fees you incur clarifying the meaning of the various 

standard clauses. A perfect example is a dispute resolution clause, 

as it will likely be included in each of these agreements. A company 

should strive for consistency and compatibility for these agreements 

so to ensure predictability and efficiency and to reduce the amount 

of legal fees incurred for decoding the legal impact of such clauses. 

5. Cultivate and Protect Your Company 

Intellectual Property (IP) 

Company trade secrets are protectable IP, and comprise 

information that: (i) is not publicly available; (ii) provides a 

commercial advantage; and (iii) subject to reasonable efforts to 

maintain secrecy. These can include client lists, production or 

construction methods, production formulas, marketing strategies, 

pricing strategies and other commercially sensitive materials. 

Protect you company’s IP with written confidentiality and 

intellectual property agreements and safe practices for ensuring 

such information is not accessible by non-essential personnel. 

6. Comply with All Contractor 

Licensing Requirements 

When performing work that requires licensing, ensure that your 

company obtains all proper licenses. Each state treats licensing infractions 

differently, but an unlicensed contractor is always at risk. 

For example, Washington and California are both very strict about 

licensing and limit recovery of claims by unlicensed contractors. 

A number of states also impose both civil monetary penalties and 

criminal sanctions for licensing violations. Additionally, some 

states declare any contracts with unlicensed contractors null and 

void and/or allow disgorgement of any previous payments to unlicensed 

contractors. Do not underestimate the consequences of 

improper licensing. 

Similarly, contractors should also be cognizant of any special 

licensing requirements for performing work on tribal land. There 

has been a construction boom nationally with respect to casinos 

and other establishments for Indian tribes on Indian tribal land. 

Thus, licensing issues on tribal land have become a relevant concern. 

To commence construction, tribes often require special business 

and building permits, which are granted by the tribe. 

7. Properly Classifying Workers as Either 

Employees or Independent Contractors 

The proper classification of a worker has implications in a number 

of areas including: wages and hours, unemployment and worker’s 

compensation and tax liability. To make matters worse, a worker 

may be considered an independent contractor for tax purposes, but 

an employee for unemployment purposes. Generally, independent 

contractors receive far fewer protections under state and federal law, 

and organizations have less obligations and liabilities toward them. 

However, the federal government and a number of states are beginning 

to give greater attention to misclassification of workers, which 

can result in fines, penalties, stop work orders and back taxes. 

Learning to assess relative risk is crucial in 

protecting a utility contractor’s business. Take 

a photo of this QR code with your smart phone 

and read an article specifically on protecting 

yourself from uninsurable risks. 

The determination of 

whether a worker is an independent 

contractor or an 

employee is very fact specific, 

and may vary depending 

on the agency and state. 

But, at the most basic level, 

a worker may be an independent 

contractor when 

he controls the means and 

methods by which the work 

is done. Courts also consider 

factors such as whether 

or not they are paid the 

same weekly wage and own 

their own tools. Moreover, 

the employer bears the burden 

of proving the existence 

of an independent contractor 

relationship. Given the 

Breaking up your business can help 

protect it. A company should consider 

forming separate business entities for 

operations, holding equipment and, if 

applicable, even office ownership. 

increased scrutiny and penalties for misclassification of workers, it 

is important that organizations carefully analyze the employment 

status of each worker under applicable federal and state law. 

8. Business Continuity Plans 

An important consideration for any company is a well formulated 

business continuity plan. Many closely held companies are unprepared 

for business continuity after the founder or major shareholder 

retires, becomes disabled or is deceased. Thus, contractors 

should consider how to hold on to key employees and develop 

plans for operations in the event that something happens to the 

owner or a key person. With regard to keeping employees, contractors 

may want to consider various incentives, such Employee Stock 

Ownership Plans (ESOPs), or other mechanisms to give employees 

a stake in the business. A business continuity plan should also consider 

other risks and interruptions that can negatively affect business, 

such as IT failures, supplier default and economic slowdown. 

Preparation in event of unforeseen circumstances is important to 

ensuring that business can continue to run smoothly. 

Conclusion 

In this volatile market, it has become increasingly important 

that contractors exercise smart business legal judgment to help 

ensure continued success. Accordingly, this article sheds light on 

a number of topics that contractors should consider when making 

future business decisions. The foregoing is provided for informational 

purposes only and should not be construed as legal 

advice. Contractors are encouraged to consult with an attorney 

of their choice to discuss their own individual circumstances. 

Paul Tonella is a Partner at the law firm of Oles Morrison Rinker & Baker, 

which represents hundreds of closely held companies in their corporate 

management, succession planning, tax, real property and general business 

needs. Contact: Tonella@OLES.com or 206-623-3427 

Firm associate Benjamin Greenberg earned his law degree from 

Boston College Law School. During law school, he was a Staff Writer 

for Boston College Law Review and was Co-President of the Criminal 

Justice La Project. Contact: Greenberg@OLES.com or 206-623-3427 


Then There 

Was Light 

Utility Contractors Need Not 

Fear the Dim Prospect of Being 

Left in the Dark 

By Todd Razor 

Securing reliable light sources to illuminate nighttime construction 

projects is imperative for utility contractors whose work requires 

them to see in the dark. Light towers allow contractors to continue 

working around the clock, and potentially cut in half the number 

of days or weeks it would typically take to successfully complete any given 

project, while providing well-lit areas that promote safe and productive work 

environments. The proper deployment of light towers in the field, whether it 

consists of a bridge, a trench, a sidewalk or a street, can also help contractors 

meet strict deadlines set by those who employ them. 

Going Up? 

Though light towers are designed to illuminate large areas, 

says Robert Walsh, Product Manager of Portable Energy at 

Chicago Pneumatic Construction Equipment, many contractors 

don’t take full advantage of those capabilities. Instead, they 

place work crews in an atmosphere that resembles a poorly lit 

living room rather than an overcast day. 

“Many times you will find that operators don’t fully extend 

the light tower mast,” Walsh says. “It is a level of comfort 

issue. They put the light tower close to what they are working 

on, because they think that may be better for them. But you 

get more coverage the higher up it goes.” 

Ideally, contractors should space out light towers about 

every 100 ft on a jobsite, which helps to increase safety and 

boost productivity by minimizing blind spots. Having the 

correct number of fully extended and appropriately spaced 

light towers on jobsites also leads to greater efficiency as 

workers don’t have to pause and reposition the machines. 

“With a light tower, you are still going to have some pretty 

good shadows on a jobsite,” Walsh says. “From a safety 

standpoint, you will want to make sure you have not just 

one tower, but a series of light towers around workers in 

order to minimize those shadows and provide 360 degrees of 

illumination on whatever application they are working on.” 


Stabilization legs also help operators get the most 

maneuverability out of light towers because the added 

support allows masts to be extended horizontally to shine 

light on the underside of bridges, for example. 

Power Hours 

Fuel efficiencies and run times are also important features 

for utility contractors who depend on light towers when 

working on tight deadlines, especially given that the machines 

must be allowed to cool before they may be refueled safely. 

Walsh, who says paying attention to fuel capacities when 

choosing a light tower can help contractors save minutes, 

even hours, as they don’t have to stop as often to refuel, also 

noted that a full 30-gal tank of fuel should power about 60 

to 70 hours of operation time between refills. 

Output power is another common area that contractors tend 

to gloss over when picking out a light tower. A standard 60-Hz 

light tower with a 20-amp duplex outlet, for instance, can be 

used to conveniently power small power tools. Yet Walsh says 

Chicago Pneumatic offers power sockets as an option on its 

120-V light towers because some contractors prefer to avoid 

the headaches associated with overusing the outlets. 

“Operators will sometimes run each of those outlets to a 

drop cord and plug six things into it, including additional 

drop cords,” Walsh says. “They end up blowing a fuse or 

blowing a circuit. Some customers prefer light towers 

without sockets in order to minimize that risk.” 

Got a Light? 

When water mains burst, gas lines leak or electrical 

power goes out, utility contractors typically don’t have 

the luxury of waiting until the sun rises to address those 

issues along public right-of-ways. In addition to procuring 

reliable machines to power through non-daylight hours, it is 

important for contractors to know where to find light towers 

on short notice from sources such as local rental stores or 

equipment dealers. 

“Their immediate concern is how quickly they can get 

one,” says Walsh, adding that contractors are not typically 

given a month’s advance warning when they 

need a light tower to successfully complete 

time-sensitive projects. Faced with closing 

bridges, roads or highways for extended 

periods of time, and potentially disrupting 

pedestrian and vehicular traffic patterns 

along major thoroughfares, governments 

and municipalities have been known 

to offer financial incentives, such 

as bonuses, to contractors who 

can restore utilities ahead of 

schedule. 

“These types of projects are 

typically done at night, and light 

towers allow crews to work straight 

through the night,” Walsh says. He says 

that other than having a handle on where 

to obtain light towers in a timely manner, it 

is important for operators to understand how to utilize the 

machines to their fullest potential. 

Right Lights 

Equipment failure is a dim prospect for utility contractors 

who rely on dependable sources of light to brighten roads, 

highways, bridges, trenches and other jobsites. Contractors 

looking for the most reliable sources of electric-powered 

illumination must also think about how quickly and easily 

it may be to pick up replacement parts in the event of a 

malfunction. 

In addition to avoiding knock-off brand engines and 

alternators, for which parts may be more difficult to acquire 

on the fly, contractors should consider how the potential 

inability to obtain parts in a hurry could affect the cost to 

rent or own light towers. 

“Generic engines and alternators may present an 

attractive option to contractors trying to save money on 

the front end,” Walsh says. “But if those less well-known 

machines falter, leaving work crews in the dark until 

repairs can be made, then the overall cost of ownership 

tends to increase dramatically.” 

In addition to performing regularly scheduled oil and 

filter changes, which helps to increase the lifespan of light 

tower engines, would-be owners should think about buying 

light towers that feature wide service doors and electrical 

cubicles, both of which allow for easy maintenance. 

“Those tasks shouldn’t be overlooked,” Walsh says of 

preventive maintenance. He says the majority of rental 

companies tend to deal with both the preventive maintenance 

and mechanical issues on the equipment they offer. Suppliers 

usually take care of the rest, he says. “Regardless of which 

brand of light tower that contractors choose, taking the time to 

consider the overall performance, portability and functionality 

of light sources will pay off at the end of the day,” Walsh says. 

Todd Razor is a technical writer for Performance Marketing, based 

in Des Moines, Iowa. 

The Illumination Engineering Society (IES) is the organization that sets the 

standards for determining safe and proper levels of illumination. The IES 

requires that a general construction site have at least 10 footcandles of 

illumination, while 1 to 5 footcandles are sufficient for a parking area. 


N 

safety management 

Prevent Deadly 

Struck-By Accidents 

By George Kennedy 

A 

“struck-by” accident occurs when someone is struck 

by a vehicle, equipment, materials or other objects. 

Struck-by accidents are among the four leading 

causes of workplace fatalities. In 2010, 409 fatalities 

— nine percent of all workplace fatalities — were caused 

by workers being struck. Of the 74,950 nonfatal construction 

incidents that resulted in days away from work, 49.3 percent 

were caused by contact with objects. 

One quarter of struck-by vehicle deaths occur in 

construction — more than in any other industry. Utility 

contractors are often exposed to a struck-by danger 

when lifting and moving pipe, cable and other materials 

during excavation. 


One quarter of struck-by vehicle deaths occur in construction — 

more than in any other industry. According to OSHA, approximately 

75 percent of all struck-by fatalities involve heavy 

equipment, such as trucks, loaders, excavators, backhoes and 

front-end loaders. Other struck-by incidents are caused by falling 

and flying objects or the movement of suspended loads. A 

falling or rolling hazard is created by spoil piles, tools, pumps 

and pipe or cable found near the edge of trenching and excavation 

work. Workers are also exposed to a struck-by danger 

when lifting and moving pipe, cable and other materials into 

the excavation. 

Preventing Struck-By Incidents 

Struck-by incidents can be prevented with little expense. 

The key to success is making employees aware of the situations 

where an incident could occur. Start with work zone safety 

training. Workers often take for granted that drivers and operators 

are going to see and avoid them. Yet more construction 

workers are struck by construction vehicles and machinery 

than by motorists. So in any work construction area, remind 

crews to be aware of their surroundings and to not place themselves 

in dangerous positions. Instruct them to make themselves 

known and visible to drivers and equipment operators. 

They should wear high-visibility clothing and never turn their 

backs on vehicles or equipment in motion. 

When work must be performed in or near traffic lanes, contractors 

should be sure to set up a safe work zone in accordance 

with the Manual of Uniform Traffic Control Devices (MUTCD). 

Install traffic signs and barricades. Use flaggers to control the 

flow of traffic where necessary. If flaggers are assigned, they 

should have flagger training and wear the appropriate high 

visibility clothing. In work zones where trucks and equipment 

are moving around, crew members should be required 

to wear high-visibility clothing. They should be instructed not 

to approach vehicles or equipment from a blind spot, and they 

should always get the operator’s attention and make eye contact 

before getting close to the vehicle or equipment. 

Equipment manufacturers have conducted research to identify 

the blind spots around their vehicles and heavy machinery. 

Check with the manufacturers of your vehicles and equipment 

to see what information is available and share that information 

with employees. If you cannot find the information, perform 

simple demonstrations using your own equipment. Of course,

safety management 

the equipment should be off when performing such a demo. 

For a basic understanding of what should be considered, 

visit this website: www.dmp.wa.gov.au/documents/Pamphlets/ 

MSH_P_WorkingNearLargeMobileEquipment.pdf. 

Backing Up 

To warn other workers when a vehicle is in reverse, OSHA 

requires operational backup alarms or a spotter. According 

to the North Carolina Department of Labor, even if a vehicle 

is equipped with backup alarms, the best way to prevent vehicles 

from backing over employees is to have a spotter. With 

so many alarms on jobsites, employees start to ignore them. 

An assigned spotter must understand that a spotter’s main responsibility 

is to look out for him or herself and everyone in 

the area. The spotter should be instructed to never leave the 

driver’s sight without notifying the operator to stop and should 

establish consistent hand signals with the operator, signaling 

from an area where the driver can see the spotter. Operators 

should also be instructed to stop the vehicle or equipment if 

they lose sight of the spotter. Operators should inspect their 

vehicles/equipment regularly to ensure that: 

• Backup alarms and horns are working, 

• Rear-view mirrors are not broken and are properly adjusted, 

• Brakes are working, and 

• All glass surrounding the cab is clean and not broken. 

As we move into the future, more vehicles and machinery 

will be equipped or retrofitted with backup sensors and 

rearview wireless cameras. Some excavators are equipped 

with swing/motion alarms, a relatively new feature. While not 

required by OSHA, they are a good idea and can be retrofitted 

to older equipment. Some issues still need to be worked out 

and changes are occurring every day. OSHA is currently considering 

whether to require such devices. More information 

about sensors and cameras can be found by searching the web 

for backup alarms, cameras and devices. 

A good handout you can use for training employees regarding 

this subject is available at: www.nclabor.com/osha/etta/ 

hazard_alerts/struckby.pdf. Download the NCDOL Hazard 

Alert Nine Workers Killed by Vehicles or Moving Equipment. 

Materials Handling and Storage 

Workers also need to be educated about the risks from materials 

that can fall on them or swing into them. Any objects 

that might fall to the level below or loads that are lifted, such 

as pipes, must be well secured. Buckets of dirt should not be 

overflowing. Most important, operators should never swing 

loads over workers. 

To avoid items rolling or falling into an excavation, workers 

should be instructed to store materials, tools and equipment 

away from the side of a trench, excavation, manhole or any 

other edge where something can fall onto a worker below. 

OSHA requires that spoil piles, materials, tools and equipment 

be a minimum of 2 ft from the edge of the excavation in 

order to help prevent this. 

Only trained and competent workers should be assigned 

as riggers. They should know and understand how to select 

the proper size and type of slings and how to safely rig loads. 

Overloading slings and using the wrong type of hitch to safely 

secure a load can cause many struck-by accidents. Operators 

should also know and understand the concepts of rigging, so 

they can supervise the rigger and ensure that loads attached to 

their equipment will not detach or slip out of the sling. 

Tag lines are made of rope or synthetic webbing attached to 

a load to control its sideways movement. Workers should be 

instructed to use tag lines to control loads which could swing 

out of control. In fact, it is 

a good practice to use a tag 

line whenever a load is lifted. 

Stacks of pipes, lumber 

or other objects should be 

piled so the materials will 

not slide, fall or collapse. 

Strapping should be left in 

place until it must be removed 

to access materials. 

When the strapping is removed, 

workers should be 

wearing safety glasses. The 

straps should be cut carefully 

and the loose ends 

controlled to prevent them 

from whipping free and 

striking a worker. 

Personal protective 

equipment is also necessary 

to help prevent 

struck-by injuries. Hard 

hats should always be 

Need help training employees 

to rig? NUCA’s Rigger Training 

DVD, a three- to four-hour 

instructor-led course, is 

available at the NUCA store at 

www.nuca.com. 

worn around construction sites to prevent head injuries 

from moving equipment or falling objects. Eye protection 

is a necessity to prevent objects from striking an employee 

in the eye. Work boots or shoes with crush-proof safety 

toes should be worn to protect workers’ toes from being 

crushed by falling objects. 

Conclusion 

Struck-by accidents can be prevented, but only if all workers 

are aware of the potential hazards and some simple precautions. 

It boils down to educating employees. A little training 

will reap large benefits. For more information and training 

aids visit OSHA’s website at www.osha.gov and take a look at 

the following downloadable video: www.dol.gov/dol/media/ 

webcast/20111031-osha/struck_by_backover_fnl_eng_web. 

htm, which is also available in Spanish. 

George Kennedy is NUCA Vice President of Safety. 

December 2011 | Utility Contractor 29 

National Utility Contractors Association

nuca news 

GUCA Awards Scholarships to Construction Students 

GUCA Awards Scholarships (l-r): GSU Construction Department 

Chair Dr. Brian Moore; GSU student Julia Brooke West; GUCA 

Education Committee Chairman Brian Ponder (Brock Built LLC); 

GUCA President Charlie Murren (C.A. Murren & Sons Co. Inc.); and 

GSU student Christopher Prince. 

Fishing Fun in Florida 

The fish on the West Coast of 

Florida needed to be wary of NUCA 

anglers this fall. Both NUCA of North 

Florida and NUCA of Southwest 

Florida hosted annual fishing 

tournaments. NUCA of Southwest 

Florida hosted its event Sept. 16- 

18 at ‘Tween Waters Inn on Captiva 

Island. It was superbly organized by 

new Fishing Tournament Chairman, 

Bob Russell and the tournament 

committee, Aaron Hunt Branch, 

Brett Eckenrode, John Wirka and 

Tim Wise. 

NUCA of North Florida honored 

Craig Carp, a retired Marine who 

served three tours in Iraq, at its 

annual fishing tournament on Oct. 

11 in Jacksonville, Fla. Tony Zebouni 

of Regan Zebouni P.A. devised the 

idea of sponsoring a boat and asking 

the Wounded Warrior Project to 

invite a soldier to join the event. The 

organization sold $50 raffle tickets 

The GUCA Education Committee awarded $2,000 in 

scholarships to three construction management students 

studying in Georgia at its Fall Quarterly Meeting and 

Trade Show in Atlanta on Oct. 27. Junior and senior level 

students attending four-year colleges and majoring in 

construction or engineering were eligible to apply. Since 

1995, the association has awarded more than $143,000 in 

scholarships. 

“GUCA scholarship opportunities help open the door 

to students to complete their educational goals and 

hopefully gear their construction-related education to 

the much-needed utility construction industry,” said 

Scott Brumbelow, GUCA Assistant Executive Director. 

This year’s recipients were Allen Lenard Carter, a senior 

majoring in construction management at Southern 

Polytechnic State University, and Christopher Prince and 

Julia Brooke West, both seniors majoring in construction 

and management at Georgia Southern University (GSU). 

for a chance to join Craig and Captain 

Raymond McCauley on his 19-ft boat. 

Lauren Atwell and his son L.T. were 

the lucky winners. Thanks to Regan 

Zebouni for its generous donation 

and to Hampton Inn and Suites on 

South Boulevard for donating Craig’s 

hotel stay. And our special thanks to 

Craig for his service to our country. 

NUCA of North Florida will be 

making a donation in his honor to the 

Wounded Warrior Project. 

Jim Combs (Holland Pump) with his 

grandson Thomas Combs. Thomas 

won in the kid’s category. 

Ed Porter of Barco-Duval Engineering (left) 

presents first place in Spotted Sea Trout 

to Steve Dempsey of Ring Power Corp. 

Craig Carp (left) receives an award for 

third place in the red fish category from 

Fishing Committee Chair Ed Porter. 


NUCA news 

Florida and Nebraska 

Chapters Feature Clay 

Shoot Challenges 

Both NUCA of Nebraska and the Suncoast Utility 

Contractors Association (SUCA) hosted successful clay 

shoot challenges this fall. Nebraska’s Sept. 16 event, held 

at the Oak Creek Sporting Club in Brainard, Neb., was 

its second annual event. Its 10 teams geared up for the 

challenge with a home-cooked meal and then set out for 

one of North America’s top 20 courses. Each station on the 

course replicates different shots encountered in the field. 

Tom Cockle, Bob Cockle, Rad Dobson and Derek 

Bookstrom made up the winning team. Tyson Vogt, Steve 

Gruber and Fred Matulka were the second place team 

and Jim Connell, Tom Welsh, Brett Wawers and Travis 

Lienemann were the third. Special thanks to the prize 

donors: Cabela’s, Gana Trucking and NMC. Also, a special 

thanks to the reception and shooting station sponsors: 

Rinker Materials, Untied Rentals, Midlands Contracting, 

Road Builders Machinery and HD Supply Waterworks. 

Under a perfect blue sky, SUCA held its sixth annual 

clay shoot challenge at Tampa Bay Sporting Clays on 

Oct. 21. About 50 participants enjoyed the morning 

contest followed by a barbecue lunch, raffle prizes and 

awards. The members of the winning team were from 

Spivey Utility Construction and MWI Pump Rental. 

Shooters from Keystone Excavators and Ring Power 

Corp. took second place. SUCA always honors its 

“conservationist” — the player who was, one might say, 

most off the mark. That prize was awarded to Bill Taylor 

of Caterpillar Financial Services Corp. Ken Montague of 

Site and Civil won the shotgun raffle. Congratulations 

to all the winners. 

NUCA of Nebraska Clay Shooters (l-r): Rick Phillips, Tom 

Glow, Jim Gregory and Tim O’Bryan. 

NUCA of Nebraska’s Clay Shoot Challenge participants 

at the Oak Creek Sporting Club. 

NUCA of Nebraska’s Rad Dobson. 

NUCA of Nebraska Clay Shooters (l-r): Ryan Kinning 

(President-elect), Brad Wegner and Shane Wegner. 

December 2011 | Utility Contractor 31 

National Utility Contractors Association


industry calendar 

January 2012 

12 – NUCA of North Florida Installation of 

Officers and Annual Meeting, 7:30 a.m., 

River City Brewing Co., Jacksonville, Fla., 

904-296-1230. 

30-31 – UUCF Board of Directors and 

Legislative Office Visits, Tallahassee, 

Fla., 904-296-1230. 

February 2012 

3 – Santa Fe Summit (New Mexico 

Legislative Session 1/17/12 – 2/16/12), 

505-888-0752. 

4 – NUCA of Iowa Annual Meeting and 

Banquet, West Des Moines Marriott, 

Des Moines, Iowa, 515-229-2548. 

7 – 2012 Georgia Utility Contractor’s 

Association (GUCA) Lobby Day, 404-362-9995. 

9 – North Carolina Utility Contractor’s 

Association, Safety and Risk Management 

Meeting, Morrison Engineering, Raleigh, N.C., 

910-686-2331. 

16 – NUCA of New Mexico Membership 

Meeting, 505-888-0752. 

18-22 – GUCA Winter Management Conference, 

The Elevation Hotel and Spa, Crested Butte, Colo., 

404-362-9995. 

March 2012 

6-8 – CGA Conference and Expo, Las Vegas, 

404-362-9995. 

12-16 – NUCA Convention 2012 

Fort Worth, Texas, 703-358-9300. 



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