Quick Links

• Prevailing Wage Rate Laws Seminar

• AGC/SAIF Workers' Compensation Program Participants to Receive $3.3 Million Retro Return

• Peterson Finalizes Purchase of the Halton Company, Northern Oregon and SW Washington's Caterpillar Dealer

• AGC Loses Longtime Member Art Tarlow

• Perry Smith, July 26, 1968–June 5, 2010

• Joe Brown, August 16, 1931–June 4, 2010

• Bureau of Development Services Fee Increases Take Effect July 1

• Form to Claim Payroll Tax Exemption for Hiring New Workers Now Available

• Public Forums Scheduled on OSHA Penalties Structure

• Free English Classes in Medford and White City

• Paint Shortage Reported

• OSHA to Increase Penalties for Employers

• Improvements Made to Reseller Permit

• Earth Day Run to Benefit ACE Academy

• 2010 Construction Industry Salary Survey

• Workplace Deaths Continued to Decline Over Past Decade

• SAIF Corporation Declares Dividend for Policyholders
   

National News

• Stimulus, Other Public Infrastructure Investments Give Monthly Boost to National Construction Spending Figures in March
  DOT Fraudulent Letter Alert

• EPA's New Layer of Lead-Based Paint Rules

• Building a Green Future

• Latest information from AGC of America

• Economic stimulus from AGC of America
   

Health Care Reform Information

August 17
8:00–11:30 am, AGC Center, Wilsonville

Have you heard about all the new stimulus projects and would like to take advantage of the opportunities, but you don’t understand the prevailing wage rate (PWR) laws? Now is your chance to find out! This session, given by the Oregon Bureau of Labor and Industries, will focus on the responsibilities contractors have on public works projects, including public works bonds, which hourly rates need to be paid to whom, which forms are required to be completed, and when workers must be paid overtime. Learn how to stay in compliance with the PWR laws to avoid costly mistakes, and receive reference materials to help you in the future. Earn three continuing education units for your CCB license. Space is limited to 40, and a continental breakfast will be served. Please RSVP by August 13. Questions? Contact Robin Edgar, 503-682-3363 or 800-826-6610. Click here to register.

June 21, 2010

Peterson has completed the purchase of The Halton Company, authorized Caterpillar equipment dealer for northern Oregon and southern Washington. Terms and details regarding the sale were not disclosed.

Duane Doyle, CEO and third-generation owner of Peterson, a privately-owned company, announced that Peterson Machinery, the company’s Oregon and Washington operating entity, would begin serving customers in its newly-acquired territory on July 6. Peterson Machinery President Jeff Goggin will assume management of the expanded territory in addition to his current role, managing the company’s southern Oregon operations. The company’s headquarters will move from Eugene to Portland in the weeks to come.

According to Goggin, the acquisition will occur without interruption in services to the company’s customers: “Our goal is to make this transition seamless,” Goggin said. “We will continue to maintain Peterson Machinery’s southern Oregon locations while absorbing operations in four former Halton locations: Portland, Salem, The Dalles, and Longview.

Peterson’s acquisition of The Halton Company marks the beginning of a mutually-beneficial relationship with former Halton customers in the area: “The addition of the Halton territory provides Peterson the size and critical mass necessary to achieve high levels of performance with greater opportunities for employees, customers, and Caterpillar,” Doyle said.

Peterson has been a family-owned Caterpillar dealer for over seventy years. The Peterson family of companies—Peterson Holding, Peterson Tractor, Peterson Power Systems, Cresco, Peterson Machinery, and SiTech—serve over one hundred thousand square miles of the American West with an expansive line of equipment: Caterpillar machinery, agricultural equipment, rental equipment, portable and stationary diesel-powered generators, natural gas turbines, air compressors, and advanced equipment guidance systems. With more than forty locations throughout northern California, Oregon, and southern Washington, Peterson currently employs over one thousand employees.

For more information, visit www.Petersonholding.com.
 

Art Tarlow was born in Portland March 15, 1942. He was 68 years old when he passed away June 10, 2010.

He was enormously proud of his sons, Damin and Griffin Tarlow and Griffin's wife, Aimee and their new baby, Jacqueline Elyce. Art is also survived by his brother, Donald Tarlow and his wife, Patty of Lake Oswego; sister, Mary Claire Bernstein and her husband, Peter of Juneau, Alaska; and his 96-year-old mother, Virginia Tarlow of Portland. Art also has numerous cousins, nieces, and nephews that survive him. Art was predeceased by his father, Elvin Tarlow, who was also a lawyer and a judge in Portland.

Art was thrilled to be a grandfather and was looking forward to spending time with his new granddaughter at the family house in Cannon Beach. He was determined to help his sons and family build a lifetime of memories there. Art always took an interest in the lives of his nieces and nephews, the children of his cousins, and the children of his law partners, colleagues and friends. If Art took an interest in someone, he mentored them, whether they liked it or not. He just wanted to be sure that every person that mattered to him reached their full potential.

Art had a great sense of humor, an infectious laugh, and he was a pleasure to be around. He was extremely loyal and he worked extremely hard at everything he did. Art was a lifelong athlete. He played basketball for Grant High School in Portland where he was named to the All City team. His passion continued into college where he was a starting guard for Whitman College. Art was also one of the first season ticket holders for the Portland Trail Blazers. Later he became an avid runner and bike enthusiast. He traveled the country participating in many marathons and bicycling events, his favorites being the Hood To Coast Relay and the New York City Marathon.

Art finished his undergraduate degree at the University of Oregon, graduated from the UO Law School, and became a member of the Oregon State Bar in 1966. Art served in the U.S. Army in Vietnam and Europe. Upon his return to Portland, he was a deputy district attorney for Multnomah County under George Van Hoomisen. Art entered civil law practice in Beaverton in 1970 and practiced with several successful law partnerships. In 2001, he formed Tarlow, Naito & Summers, LLP with Steve Naito and Brent Summers. When he died, Art was a member of the Oregon and Washington bars, and he had tried or settled cases in Alaska, Arizona, California, Colorado, Delaware, Hawaii, Idaho, Illinois, Michigan, Nevada, New Mexico, New York, North Dakota, South Dakota, and Texas.

Art spent the Oregon rainy season away on the north coast of the Dominican Republic, starting in 2002. It was possible to maintain his busy law practice remotely through the wonders of modern technology. He carried on his desire to see children succeed on the island, as well, when he helped establish the Dream Project in the Dominican Republic to provide scholarships for college education. Art traveled the world extensively before taking up a more permanent winter residence in the Dominican Republic. He counted among his favorite places Greece, the Czech Republic and several South American coastal communities. Art was not a sightseer, choosing instead to immerse himself in foreign culture and enjoy the people he met overseas.

Art served on many public and private boards of directors, including the Rose Festival Association, Oregon Mortgage Bankers, Beaverton Area Chamber of Commerce and Oregon Title Insurance Co. Art was a member of the Associated General Contractors of Oregon (AGC) for more than 25 years. He published several articles and presented papers for the AGC, other trade and industry groups, the Oregon State Bar, and other continuing legal education providers on construction law and mediation. Art always tried to bring a business-like approach to law practice and it served him, his partners, the people he mentored, and his clients very well.

Art was a son, a brother, a father, and a new grandfather. Arthur, Art, Arturo...you will be missed. A celebration of Art's life will be Friday, June 25, 2010, in the Multnomah Athletic Club, Grand Ballroom, 1849 S.W. Salmon St., Portland. Doors open at 1:30 p.m., the program begins promptly at 2:00 p.m. Remembrances in lieu of flowers, please, to The Art Tarlow Memorial Scholarship Fund, c/o Tarlow, Naito & Summers, LLP, 150 S.W. Harrison St., Suite 200, Portland, OR 97201.

Perry Nikolaus Smith was born on July 26, 1968, and passed away unexpectedly June 5, 2010. He is survived by his wife, Katie; daughter, Katrina; parents, Shannon and Gudrun Smith; sister, Arlene Summerhill; and brother-in-law, Matthew Summerhill. Perry was born in San Luis Obispo, California, but spent most of his childhood in Germany. He attended Wurzburg American High School and graduated from the University of Portland. He worked for Slayden Construction as a controls manager. He enjoyed golf, boating, camping, vacationing in Maui, and was a big fan of the Oregon State Beavers football team. His greatest joy was spending time with his daughter, Katrina. A celebration of life was held on Sunday, June 13. In lieu of flowers, please make donations to www.kennedysdisease.org.

A memorial Mass service for Joseph Oliver Brown, 78, of North Bend was held on June 19, at Holy Redeemer Catholic Church, 2250 16th Street, North Bend. The Rev. Karl Schray officiated. Recitation of the rosary will be from 9:30 – 10 am.

Joe was born Aug. 16, 1931, in Myrtle Point, the son of Frederick and Rishia Brown. He died June 4, 2010, in North Bend.

Joe graduated from Myrtle Point High School in 1950. After graduation he served in the Air Force Service, and became a radio flight operator. He received the National Defense Service medal, Aircrew Member badge, and an Army of Occupation medal. After the service, Joe attended OTI in Klamath Falls, where he received his degree in construction.

In 1956, he was reacquainted with one of his classmates, Joyce Compton. They were married on March 18, 1957, in the Catholic church in Grants Pass, with the Rev. Kelly officiating.

Together as a family with their four children, Joe and Joyce created Joe Brown Construction. Joe and Joyce worked together to make their construction business a success. Joe loved construction! He built and remodeled many buildings in Oregon, most of them in Coos, Curry, Douglas and Lane counties. He loved bidding substations for the power companies. These substations took him and his crew to various places in Oregon, Washington, and Montana. Joe always said, "Substations are the best, risky, but worth it."

Joe did not have many hobbies because he lived and breathed for construction. He was in the carpenter apprenticeship program, the carpenter's union negotiation committee and was a member of Associated General Contractors. Joe was ready to give his knowledge and opinion on anything having to do with construction.

After his retirement, he stayed in touch with many of the contractors and subcontractors just to hear what was going on. On June 2, there was a college bid opening for Curry Campus, and his daughter took him the bid results, even then he was analyzing the prices, commenting on the contractors, and giving his opinion of this project. Even as the end was near, he never lost his touch or his enthusiasm for construction.

Joe was known for his stories and his expertise in the construction world. Joe enjoyed the pre-construction meetings, especially those questions that no other contractors would ask. It never failed, Joe always had questions for the architects, engineers and owners to answer. He will be missed. Joe Brown will be remembered as one of the great contractors of our area.

Even though Joe's life was construction, he lived for his family. He loved to tell stories, play cards and cribbage, and travel with his children and grandchildren. He loved the Oregon State University Beavers. He would put the needle to his University of Oregon Duck friends whenever he could.

As Joe would say, he was "blessed with four wonderful children, but was double blessed when the grandchildren and great-grandchildren came along." He loved and respected his family.

He is survived by his son, Russ Haga of North Bend; daughter, Becky Sue Haga of North Bend; daughter and son-in-law, JoDee and Keith Suter of Springfield and Jill and Bob Mitchell of North Bend; grandson and wife, Rick and Teresa Haga; granddaughter and husband, Nicole and David Elbert; grandson, Joseph Stevens; granddaughter and husband, Mara Dee and Jason Hooker; granddaughter, Rishia Mitchell; granddaughter, Irene Cesca, and exchange student from Italy; great-granddaughters, Azhia Haga, Liz Haga, Marissa Elbert; great-grandson, Bryson Oliver Stevens and another little great-grandson due in October; sister-in-laws, Bernice Brown, Betty Brown, Nancy Hickman and Karen Compton; several nieces and nephews; special friends, Ann Ulum and family, Dr. John and Jan Ries and family; sister, Laetice; and many friends throughout the world.

He was preceded in death by his wife, Joyce Brown; parents, Frederick and Rishia Brown; sister, Fredricka; brothers, Don and Hugh; daughter-in-law, Mitzie Haga; and a special friend, Pauline Gagnon.

In lieu of flowers the family suggests contributions to the Joe Brown Scholarship through Umpqua Bank- Coos Bay Branch, 700 S. Broadway, Coos Bay, OR 97420. The scholarship will be divided between a scholarship to a Myrtle Point High School graduate and a scholarship for alumni of North Bend High School.

Cremation rites have been held at Ocean View Memory Gardens crematory with inurnment at Sunset Memorial Park Mausoleum and Columbarium, Coos Bay. Arrangements are under the direction of Coos Bay Chapel, 541-267-3131.
 

June 14, 2010

The Portland City Council heard public testimony regarding fee increases proposed by the Bureau of Development Services (BDS) on Wednesday, May 19, and the council approved the increases on Wednesday, May 26.

Since Multnomah County contracts with the City of Portland for inspection and plan review services in the unincorporated areas within the Portland urban services boundary, the County Board of Commissioners reviewed and approved the fee increases at a public hearing on Thursday, June 3.

As approved, the changes include fee increases of 8% for all programs except Environmental Soils, which will increase by 12% to help correct a long-standing deficit. In addition, the minimum building permit fee will be raised to $70, and lower-end building and site development permit fees will increase more substantially in order to bring smaller projects closer to cost recovery.

BDS recognizes the impact that fee increases have on its customers, particularly in this difficult economic climate where contractors and other businesses are struggling. Unfortunately, it has become clear that moderate fee increases are necessary to provide financial stability and ensure continued services to bureau customers. Reduced permit revenues due to the recession have compelled BDS to lay off over half of its staff since June 2009, and further service reductions would have been likely without the fee increases. In addition, the fees associated with some permit reviews and inspections have not covered the cost of performing those functions, and building permit fees have not changed in five years.

The new fee schedules can be viewed on the BDS website. The changes will go into effect on July 1. If you have questions about the fee increases, please contact Denise Kleim, BDS Administrative Services Manager, 503-823-7338.

BDS remains committed to the efficient and collaborative application of building and development codes. We are grateful for the opportunity to partner with you in promoting safety, livability, and economic vitality in our community. Thank you for your support.

Mark Fetters
Sr. Management Analyst
BDS Admin Services
503-823-1028
 

May 18, 2010

WASHINGTON —The Internal Revenue Service has posted on its website the newly-revised payroll tax form that most eligible employers can use to claim the special payroll tax exemption that applies to many new workers hired during 2010.

Designed to encourage employers to hire and retain new workers, the payroll tax exemption and the related new hire retention credit were created by the Hiring Incentives to Restore Employment (HIRE) Act signed by President Obama on March 18.

Employers who hire unemployed workers this year (after Feb. 3, 2010, and before Jan. 1, 2011) may qualify for a 6.2-percent payroll tax incentive, in effect exempting them from the employer’s share of Social Security tax on wages paid to these workers after March 18. This reduction will have no effect on the employee’s future Social Security benefits. The employee’s 6.2 percent share of Social Security tax and the employer and employee’s shares of Medicare tax still apply to all wages.

In addition, for each qualified employee retained for at least a year whose wages did not significantly decrease in the second half of the year, businesses may claim a new hire retention credit of up to $1,000 per worker on their income tax return. Further details on both the tax credit and the payroll tax exemption can be found in a recently-expanded list of answers to frequently-asked questions about the new law now posted on IRS.gov.

How to Claim the Payroll Tax Exemption

Form 941, Employer’s QUARTERLY Federal Tax Return, revised for use beginning with the second calendar quarter of 2010, will be filed by most employers claiming the payroll tax exemption for wages paid to qualified employees. The HIRE Act does not allow employers to claim the exemption for wages paid in the first quarter but provides for a credit in the second quarter. The instructions for the new Form 941 explain how this credit for wages paid from March 19 through March 31 can be claimed on the second quarter return. The form and instructions are now available for download on IRS.gov.

The HIRE Act requires that employers get a signed statement from each eligible new hire, certifying under penalties of perjury, that he or she was not employed for more than 40 hours during the 60 days before beginning employment with that employer. Employers can use new Form W-11, Hiring Incentives to Restore Employment (HIRE) Act Employee Affidavit, released last month, to meet this requirement. Though employers need this certification to claim both the payroll tax exemption and the new hire retention credit, they do not file these statements with the IRS. Instead, they must retain them along with other payroll and income tax records.

These two tax benefits are especially helpful to employers who are adding positions to their payrolls. New hires filling existing positions also qualify as long as they are replacing workers who left voluntarily or who were terminated for cause and otherwise are qualified employees. Family members and other relatives do not qualify for either of these tax benefits.

Businesses, agricultural employers, tax-exempt organizations, tribal governments and public colleges and universities all qualify to claim the payroll tax exemption for eligible newly-hired employees. Household employers and federal, state and local government employers, other than public colleges and universities, are not eligible.

Information provided by the IRS Newswire, Issue Number: IR-2010-064

Rogue Community College is administering a series of low-cost English as a second language classes for anyone identifying themselves with a construction company or construction-related occupation.

Registration is available now until the first day of class. To be eligible for the free class, participants must have a flyer or identify themselves as laid off or currently working in the construction field, which includes painters, landscapers, plumbers, electricians, etc.

July 13–September 2

Morning English Class—Medford only
Tuesday, Wednesday, and Thursday
9:00–11:30 am

Evening English Class—Medford and White City
Tuesday, Wednesday, and Thursday
6:00–8:30 pm

GED Classes in Spanish—Medford HEC Building
Mondays: 4:00–9:00 pm
Fridays: 5:00–9:00 pm

Locations:

• Riverside Campus, Rogue Community College
  “G” Building, 117 S Central Avenue, Medford
   

• Table Rock Campus, Rogue Community College
  Room 27
  7800 Pacific Avenue, White City

Cost: $40

Click here for a flyer in English or Spanish. Contact Kelly for more information, 541-245-7579.

Highway pavement marking contractors from chapters across the U.S. are experiencing problems with quotes and delivery guarantees for all paints materials.

Ken Simonson, chief economist for AGC of America, gave this response: “Here’s what I learned from Dow Chemical: [The shortage] is very real and most likely will extend through the summer months. Dow Chemical has declared Force Majeure on acrylic monomers, the backbone for all acrylic coatings. [See attached letter dated May 6, 2010.] This will impact not just line striping paints, but all acrylic coatings.”

We will post information and updates as we receive them.
 

May 3, 2010

2.3 Percent Increase in Public Spending Outweighs 0.9 Percent Drop in Private Construction Activity to Boost Overall Construction Spending Between February and March

Increases in public-sector construction spending, driven by stimulus funds, helped boost total construction activity by almost $2 billion between February and March, according to a new analysis of federal spending figures released today by the Associated General Contractors of America. The figures show that the stimulus has gone from slowing declines in construction spending to contributing to increases, the association noted.

“If it weren’t for public investments in infrastructure and construction, this industry would be in free fall,” said Ken Simonson, the association’s chief economist. “Fortunately, the stimulus is now helping rebuild a construction industry devastated by relentless declines in private-sector activity.”

Simonson noted that the new Census Bureau figures show construction spending at an annualized rate of $847.3 billion, an increase of 0.2 percent from $845.5 in February. While private sector construction spending still dominates the market, it declined 0.9 percent between February and March, from $555.7 to $550.8 billion. The largest declines came in communications (12.1 percent), lodging (4.6 percent) and power (3.8 percent) construction, Simonson added.

Public-sector construction, meanwhile, increased 2.3 percent from $289.9 to $296.5 billion during the same time frame. The largest increases came in publicly-funded power (23.7 percent), transportation (12.4 percent) and water supply (5.9 percent) construction. Simonson noted that these areas and others showing increases received significant funding from last year’s stimulus law.

Association officials cautioned that the increases in construction spending were unlikely to last once the stimulus runs its course. They noted that high office and retail vacancy rates, and underutilized manufacturing capacity indicate private sector construction will continue to decline through at least the end of the year. They added that cash-strapped state and local governments won’t be able to broadly increase capital programs until at least 2012.

“With no transportation bill, no aviation legislation and no water trust fund, the only thing waiting for this industry after the stimulus is a funding cliff,” said Stephen Sandherr, the association’s chief executive officer. “If things don’t change soon, all the stimulus will have been was a really expensive way to delay hardships and layoffs for thousands of construction workers.”

Get more information about the latest construction spending figures.
 

Improvements Made to Reseller Permit

AGC successfully lobbied for improvements to the reseller permit laws, making them more practical for contractors.
Information provided by the AGC of Washington.

One of the changes allows the Department of Revenue to issue permits for a two-year period to contractors, rather than the current requirement for one-year permits. While that’s a positive step, it is not scheduled to take effect until July 1, 2013. The legislation allows the Department of Revenue to implement the change earlier, and AGC is working with DOR to move this date up.

Another important change allows contractors to use a two-year (rather than one-year) “look back” in determining whether their market mix of construction activities meets the 25 percent threshold to qualify for the permit.

This is important because if a contractor’s total dollar amount of business activity drops below 25 percent of taxable construction, issuance of a seller’s permit is jeopardized. Use of a 12 month “look back” in calculating market-sector activity in determining the 25 percent taxable activity threshold could be problematic for contractors and the Department when economic conditions cause many contractors to perform a greater proportion of their business as projects for government agencies which aren’t subject to sales tax. This makes achieving the 25 percent threshold more difficult than normal. As the economy improves, these contractors’ mix of business will fluctuate, gravitating more to a normal mix of private sector and government projects. Calculating future permit eligibility based on 12 months of non-qualifying construction activity will make achieving the 25 percent threshold more difficult, resulting in more requests for special permit handling and appeals of permit denials or requiring contractors to pay sales tax “up front” and then try to get a refund from the state.

The legislation also eases the renewal process, allowing for automatic renewal if there are no problems in the previous period. Plus, the definition of “contractor” is more uniformly tied to the definitions found in the familiar Contractor Registration laws.

These new provisions (except for the two-year permit) take effect July 1, 2010. The Department must adopt new rules to implement them, and it indicates that rulemaking will begin in June. AGC will be at the table and participating, including making a push for an earlier start date for the two-year permits.

In addition, DOR has created a new tool for verifying customers’ reseller permit information. The new Reseller Permit Verification Service allows checks to see if customers’ hold valid reseller permits. It also makes it easier to update records. After a compatible file is submitted, the Department will return current information about all customers’ reseller permits. As of June 10, 2010, you may store files returned from our Reseller Permit Verification Service in lieu of paper or electronic permit copies.

How it works: Create and submit a compatible electronic file with your customers’ reseller permit information. DOR sends you an email with a link to your files – a results file and an error file – within two business days. With the returned file, you may correct data-entry errors and contact customers if they are required to provide you with updated permit information.

For audit purposes, keep permits, resale certificates, and returned verification files in your records for five years after the date of last use.

For more information on the reseller permit, click this page on the DOR website.

Information provided by the AGC of Washington.

April 20, 2010

A letter purporting to be from the U.S. Department of Transportation, procurement Office is again making the rounds to Oregon Businesses. The letter requests that the contractor fill out and sign a financial information release form that identifies the name of the contractor’s banking institution, phone number, account number, and signature from a company official.

Please be advised that this letter is part of fraudulent activity and that neither ODOT nor the U.S. Department of Transportation requests this type of information from its contractors in order to make procurement decisions as stated in the letter.

The latest letters being received in Oregon are dated April 2010, and come from “Julie P. Weynel, Senior Procurement Officer.” More than one letter signed by other persons can be circulating in Oregon at any given time. Please visit the U.S. Department of Transportation’s website about these letters.

If you have responded to the letter and faxed the requested information, you may wish to contact your financial institution and alert them to the scam. The latest letters have been reported to the federal fraud hotline by Oregon’s Federal Highway Administration division office. To keep up-to-date on these fraudulent letters, you can see updated notices on ODOT’s Construction website.

Click here for more information.

Earth Advantage National Center
16280 SW Upper Boones Ferry Road,
Portland, OR 97224

Click here for Facebook page

Races

• 5K Run (Map)

• 10K Run (Map)

About the Race
Celebrate Earth Day with the Earth Advantage Earth Day Run! This run is focused around people, healthy lifestyle living, community, and of course, our planet. This Walk/Run will start and finish at the Earth Advantage National Center in Tigard, OR. You can learn all about green building, certifications, and view product displays. Enjoy live music, organic beer, veggie burgers, and plenty of information booths focusing on health, wellness, and sustainable living.

Sponsored by – 1 Thing, 94.7 NRK, Strands, Hop Works, Foot Traffic, Rockstar, Metro, and much, much more...

Keep Running & Keep it Green.
After the Race enjoy a cold organic beverage by Hopworks (21 and older) and delicious Veggie Burgers!

We Welcome

• IPods – make sure you keep them low enough for you to hear Emergency Vehicles & Autos

• Baby Strollers (please start at the back of the pack)

• Fun, Energy & Smiles!!!

• Canine Friends (well mannered only)

Beneficiary

Ace Academy
"Ace Academy combines rigorous academic and technical education for juniors and seniors interested in career tracks in the design build industry and learning about sustainable building practices."