August 2017 cam magazine

I SWEAT THE DETAILS FOR YOU. In my 18 years at ALL, I sincerely believe I’ve worked with the best in the business — I’m talking people

and equipment. Even as a master operator, I still train constantly — most recently on the 900-ton Liebherr LTM1750, the second largest in our extensive fleet. What does this mean for you? It means ALL has what you need, when you need it. Just as importantly, ALL has master operators like me — and an equally prepared team for support — because ALL attracts the best to work just for you.

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CAM BENEFIT PROGRAM Employers Advantage – Self-Funded Medical Coverage

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Rob Walters • CAM Administrative Services Phone: 248.233.2114 • Fax: 248.827.2112 Email: rwalters@camads.com

DIRECTORS

Kerlin Blaise Blaze Contracting

PUBLISHER EDITOR

Kevin Koehler Amanda Tackett

Thomas Broad Midwest Steel, Inc.

Kevin Foucher ASSOCIATE EDITOR

Commercial Contracting Corp.

Mary Kremposky McArdle

Stephen Frantz GRAPHIC DESIGN ACCOUNT EXECUTIVE ACCOUNT REPRESENTATIVE

Joseph Coots

Motor City Electric Co.

Jennifer Panning

Cathy Jones Roy Jones

Artisan Tile, Inc.

Samuel Ruegsegger III The Christman Co.

DIRECTORS OFFICERS Chairman

Paul Stachowiak Integrated Design Solutions, LLC

John Raimondo

Erik Wordhouse

Roncelli, Inc.

Vice Chairman

Edwards Glass Co.

Brad Leidal Leidal & Hart Mason Contractors

Vice Chairman

Preston Wallace Limbach Company, LLC

Treasurer

CAM MAGAZINE EDITORIAL ADVISORY COMMITTEE

Division 8 Solutions, Inc.

Joseph Fontanesi

Marty Burnstein

Fontanesi & Kann Company/ Architectural Building Components, Inc.

President

Gary Boyajian Law Office of Marty Burnstein

George Dobrowitsky Walbridge

Kevin Koehler

Daniel Englehart Peter Basso and Associates, Inc.

CAM Magazine (ISSN08837880) is published monthly by the Construction Association of Michigan, 43636 Woodward Ave., P.O. Box 3204, Bloomfield Hills, MI 48302-3204 (248) 972-1000. $24.00 of annual membership dues is allocated to a subscription to CAM Magazine. Additional subscriptions $40.00 annually. Periodical postage paid at Bloomfield Hills, MI and additional mailing offices. POSTMASTER, SEND ADDRESS CHANGES TO: CAM MAGAZINE, 43636 WOODWARD AVE., BLOOMFIELD HILLS, MI 48302-3204.

Dennis King DMKING Consulting, LLC

Sanford (Sandy) Sulkes International Building Products, Inc.

James Vargo

For editorial comment or more information: tackett@cam-online.com For reprints or to sell CAM Magazine: 248-972-1000

Capac Construction Company, Inc.

Copyright © 2017 Construction Association of Michigan. All rights reserved. Reproduction in whole or part without permission is prohibited. CAM Magazine is a registered trademark of the Construction Association of Michigan.

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“The Voice of The Construction Industry®”

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16 TABLE OF CONTENTS SUSTAIN I ABILITY 12

Case Study: Sustainability at Gardner-White

CONSTRUCTION LAW 16

Conquering Legal Issues and Disputes Arising from Change Orders

22

Revisiting the Michigan Building Contract Fund Act

CONCRETE 28

28

Play Ball! The Next Generation Takes the Field at Michigan and Trumbull

CONSTRUCTION HIGHLIGHT 34

Designing the Future at American Axle & Manufacturing

DEPARTMENTS 7

Industry News

11

Safety Tool Kit

40

Product Showcase

44

People in Construction/ Corporate News

45 46 46

Construction Calendar CAM Welcomes New Members Advertisers Index

34

ABOUT THE COVER A joint venture of Detroit-based Tooles Contracting Group, LLC and Roncelli, Inc. is transforming the former Tiger Stadium site into a new headquarters for the non-profit Detroit Police Athletic League (PAL) and a 2,500-seat stadium for youth. Roncelli’s Detroit office served as self-performing concrete contractor for the project. Photo Courtesy of Roncelli, INC.

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“The Voice of The Construction Industry®”

I N D U S T R Y

1ST BATTALION, 24TH MARINES MEMORIAL IN CHESTERFIELD TOWNSHIP TAKES A MAJOR STEP FORWARD The 1st Battalion, 24th Marines Memorial Committee is asking for public donations for a memorial to be built in Chesterfield Township. The memorial will honor “The Fallen 22” of 1st Battalion, 24th Marines, headquartered at Selfridge ANG Base in Harrison Twp. They made the ultimate sacrifice defending our Freedom in Iraq during a 2006-2007 deployment to Al Anbar Province.

At the center of this touching memorial is an impressive granite table and benches designed to reflect the tradition of arranging an empty place setting for a

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missing or fallen comrade. The table will feature 22 bronze plates engraved with the names of each fallen Marine.

The committee has raised over half of the monies required but are in need of an additional $330,000 in donations to complete the memorial. “Your contribution will be set in stone and will last for generations. You can help set the table for these heroes and their families by making a donation, holding a fundraising event and spreading the word through social media,” said Committee Member Tom Ward.

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A GoFundMe page has been created at the 1st Battalion, 24th Marines Memorial website www.1-24memorial.com or checks can be made payable to the Department of Michigan Marine Corps League with “1st Battalion, 24th Marines Memorial” in the memo line, and mailed to P.O. Box 450117, Selfridge ANG Base, MI 48045.

Macomb County-headquartered Roncelli Inc. has been enlisted to manage the completion of the memorial, and is working closely with memorial board committee members, including DeSalvio Construction who initially began the memorial construction, in establishing the dedication date, tentatively scheduled for September 10, 2017.

To learn more about how you can help, please contact Board Chairman Angelo Lema, Jr. at (586) 718-2342 or by email atljr@prodigy.net.

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RESEARCHERS EVALUATE ACI SYSTEM FOR CATEGORIZING FORMED CONCRETE SURFACES Researchers have concluded a project that examined and evaluated the American Concrete Institute’s “Guide to Formed Concrete Surfaces (ACI 347.3R13)” with primary funding from the American Society of Concrete Contractors (ASCC) and additional funding from the RMC Research &

8 CAM MAGAZINE AUGUST 2017

Education Foundation and ACI Foundation.

ACI 347.3R13 recommends a system, as stated in the introduction that: “…provide[s] definitions for the various levels of formed concrete surfaces, and give[s] objective evaluations of them.” The Guide describes four concrete surface categories ranging from basic (in areas with limited importance of formed surface quality) to special requirements (in areas with formed surface quality of high importance).

Library, laboratory and field research conducted in cooperation with the Concrete Industry Management (CIM) programs at four different universities showed that suggested measurements

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or other criteria used in assigning a given formed surface to one of the four ACI 347.3R-13 categories is neither objective nor practical. Further, converting the recommendations in ACI 347.3R-13 to specification requirements could result in disputes and litigation. Mockups built for approval by the engineer or architect are recommended as a superior method for evaluating formed surfaces. The report includes other recommendations for ACI Committee 347 Formwork to consider when ACI 347.3R-13 is revised.

The final report, co-authored by Dr. Ward R. Malisch, ASCC Concrete Construction Specialist, and Dr. Heather Brown, Department Head of the Middle Tennessee State University CIM program, is a free download at www.asconline.org and is available on several other websites. For more information contact Beverly Garnant, ASCC executive director, at bgarnant@asconline.org.

“The Voice of The Construction Industry®”

I N D U S T R Y

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National Director: Robert Rayl, PE, RS Engineering, LLC, Lansing Past-President: Michael Cooper, PE, Harley Ellis Devereaux, Southfield 2017-2018 ACEC/Michigan Board of Directors: Rick Chelotti, PE, Bergmann Associates, Lansing Steven Nichols, PE

ACEC OF MICHIGAN ELECTS NEW PRESIDENT AND BOARD OF DIRECTORS The American Council of Engineering Companies of Michigan (ACEC/M) has announced Steven Nichols, PE, of Fishbeck, Thompson, Carr & Huber (Grand Rapids) as its 2017-2018 president.

Nichols is a principal/senior vice president of Fishbeck, Thompson, Carr & Huber. With over 38 years of industry experience, he is a member of the Board of Directors and a leader of the firm in charge of the Civil Department and overseeing the firm’s transportation projects. During the past 20 years, Nichols has served in many leadership positions with ACEC/M acting as a liaison and spokesperson with industry organizations. His experience is in transportation, infrastructure, and environmental engineering projects, working with the Michigan Department of Transportation and many municipalities.

2017-2018 ACEC/Michigan Officers: President: Steve Nichols, PE, Fishbeck, Thompson, Carr & Huber, Inc., Grand Rapids President-Elect: Sean Kelley, PE, The Mannik & Smith Group, Inc., Detroit Treasurer: Jack Wheatley, PE, ROWE PSC, Flint Visit us online at www.cammagazineonline.com

Chris Cook, PE, Abonmarche, Benton Harbor Paul Galdes, PE, Fleis & VandenBrink, Grand Rapids Steve Gravlin, PE, PS, Michael Baker International, Detroit Tricia Huneke, Ruby+Associates, Bingham Farms Jon Kramer, PE, OHM Advisors, Livonia Eric Morris, PE, HNTB, Okemos Jayson Nault, PE, Tetra Tech, Brighton G. Ramanujam (Ram), PE, Somat Engineering, Detroit Michael Weingartz, PE, SmithGroupJJR, Detroit ACEC of Michigan is the association representing the business interests of Michigan engineering, surveying, architectural and related scientific firms who provide professional knowledge to the built environment and strive to protect the health and safety of the public. ACEC of Michigan is part of the American Council of Engineering Companies headquartered in Washington, D.C and comprised of more than 5,500 firms nationwide that employ more than 600,000 engineers, architects, land surveyors, scientists, and other specialists, responsible for more than $100 billion of private and public works annually. For more information regarding ACEC of Michigan, visit the ACEC website at www.acecmi.org or contact the ACEC Lansing office at (517) 332-2066.

GROUNDBREAKING CEREMONY HELD FOR NEW EARLY CHILDHOOD CENTER IN PORT HURON A groundbreaking ceremony was held on Tuesday, May 17, 2017 for a new 39,000-square-foot early childhood center to serve the Port Huron Schools community.

TMP Architecture, Bloomfield Hills, is providing architectural services for the $10.5 million project, which is scheduled for completion in time for the 2018-2019 school year.

The new center was one of the significant projects presented to voters in the $105.9 million bond that was approved in August. The building is designed to accommodate 400 children and will house preschool programs for the district. The facility will be connected to the McKinley Administration Building by a new secure entrance vestibule.

After a series of interactive visioning sessions with community and district representatives, the design theme of the new center evolved into a “home away from home” for students. A major program goal is to allow parents space to walk their child directly into the school, with areas to interact with teachers, other parents and administrators. Various porch entry points help break down the scale of the school and give identities to each age group and classroom.

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DECORATIVE CONCRETE AWARDS - CALL FOR ENTRIES The Decorative Concrete Council (DCC), a specialty council of the American Society of Concrete Contractors (ASCC), St. Louis, in partnership with Concrete Construction magazine, announces its tenth annual Decorative Concrete Awards. The competition is open to both DCC members and nonmembers.

Entries are invited in the following categories: overlays, cast-in-place stamped and special finishes, stained, polished concrete, polished overlays, countertops, vertical application, concrete artistry, multiple applications, architectural concrete, decorative environmental, and project video. With the exception of countertops, two awards may be given in each category, for projects 5,000 square feet and less, and projects over 5,000 square feet.

Submittals are judged on craftsmanship, aesthetics, functionality and creativity.

The deadline for submittal is September 30, 2017.

The awards will be presented at the World of Concrete 2018 in Las Vegas, NV. For more information or to enter, visit www.ascconline.org or call (866) 788-2722.

10 CAM MAGAZINE AUGUST 2017

“The Voice of The Construction Industry®”

Safety Tool Kit Impor tant EPA Clarification on Asbestos Sampling in Newer Buildings

By Kary S. Amin, President, Nova Environmental, Inc. Courtesy of Wikimedia Commons Photo: anthoPhyllite asbestos

ver the past 35 years, facility owners, construction managers and general contractors have assumed that, since Presumed Asbestos-Containing Material (PACM) is associated with buildings constructed no later than 1980 (Part 302 & 305, MIOSHA), they could ignore asbestos regulations in newer buildings.

Furthermore, construction managers and general contractors have utilized documentation, such as letters from manufacturers and Material Safety Data Sheets to declare to facility owners that their newly constructed buildings are asbestos-free.

However, according to the Environmental Protection Agency (EPA), that is not the case. Under the EPA’s NESHAP regulation, any building, regardless of age, must have an asbestos inspection of those materials that will be impacted by either renovation or demolition. This is because there is still no ban on most asbestos products in the United States.

Due to ambiguity between regulations, Nova Environmental, Inc. requested a clarification from the EPA as to what type of documentation would be necessary to release a building owner from the

O

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obligation of having to collect bulk samples of components in newer buildings in order to conduct renovation or demolition. In August 2016, Nova Environmental, Inc. received a formal written response from the EPA. The EPA’s response letter indicates that, regardless of the type of documentation for newer buildings or additions, whether architect letters of exclusion or asbestos-free guarantees from the manufacturer, installers or construction managers, you must have bulk samples collected and analyzed for asbestos for those materials that will be impacted by renovation or demolition.

In order to summarize the ramifications of this letter of clarification from the EPA in simplistic terms, the following are bullet points: • The vast majority of public and commercial buildings owners, up to this point, have simply ignored asbestos in newer buildings (constructed after the early 1980s) by relying on documentation such as Architect letters of exclusion, asbestos-free statements from building component manufacturers, installers or construction mangers or MSDSs. This is no longer allowed.

• Prior to renovation or demolition in any building, including newer buildings, you must have bulk samples of the impacted components collected by a Michigan Accredited Asbestos Inspector and analyzed under Polarizing Light Microscopy (PLM). If asbestos is identified, it must be addressed in compliance with the OSHA Asbestos Construction Standard and other applicable Federal and Michigan State regulations.

A copy of the Nova Environmental, Inc. request for clarification and the EPA’s response can be found by clicking on the following QR Code.

About the Author: Kary Amin is the president of Nova Environmental, Inc., based in Ann Arbor.

He can be contacted at kamin@nova-env.com.

CAM MAGAZINE AUGUST 2017

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SUSTAIN | ABILITY

Case Study: Sustainability at Gardner-White LED Lighting Solutions and a Unique Financing Model Helped G a rd n e r-W h i t e Lo w e r O v e r h e a d a n d Improve Customer Experience

The Philips 19W PAR 38 Single Optic AirFlux LED lamp.

Photo Courtesy PhilliPs lighting

By Douglas Elbinger, Energy Systems Analyst, Newman Consulting Group LLC Photographs by Douglas Elbinger

ounded in 1912, Gardner-White is a family-run furniture store, managed by a father-daughter team, Steve and Rachel Tronstein. They operate 10 showrooms and one warehouse in Southeastern Michigan. To remain competitive in the furniture business is no easy task. Gardner-White focuses on its customer experience, offering impeccable service, inviting ambience and high-quality products… while always looking for new ways to operate more efficiently.

One challenge for the company, though, was to continue meeting its high standards amid rising energy costs.

Imagine this: Gardner-White used nearly 2,000 75-watt halogen lamps at each of its eight stand-alone stores to light the showroom and spotlight its furniture for 12 hours per day, seven days a week. Not only did this result in excessive energy consumption, it also put an enormous strain on Gardner-White’s operating budget. In addition, the steady burning of thousands of halogen lamps created sweltering heat in the stores. If you ever tried to change one before they cooled down then you remember how hot they are. To compensate for the heat generated by thousands 75W halogen lamps and maintain a temperate climate, Gardner-White was forced to operate air conditioning systems for six months a year, further stretching its resources and impact on the environment. Aside from the environmental and financial effects, the halogen bulbs burned out frequently and Gardner-White required a steady stream of in-store labor to replace the lamps and maintain consistent lighting in the stores.

For Steve and Rachel, the prospect of entering another spring and summer with more outrageous electricity bills and lamp replacements prompted them to seek an alternative lighting solution for its stores. They compared several LED products and selected light-emitting diode (LED) technology from Philips Lighting. The Philips 19watt Single Optic AirFlux LEDs offered the best quality of light, maximum performance, and superior visual comfort.

With its smooth white design, the Philips LEDs deliver increased candle power that allows Gardner-White to

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“The Voice of The Construction Industry®”

S U S TA I N

the spotlight on its furniture. From day one, employees noticed how the LEDs showed the true fabric colors and highlighted the rich patinas of the wood finishes. Employees and customers alike now make can furniture and color selections with greater confidence by seeing the real colors and textures Rachel and her father, Steve Tronstein, are always looking for of each piece. ways to operate their 10 Michigan furniture showrooms more In addition, the efficiently. employees noticed a significant difference in showroom temperatures and showcase its furniture without have an easier time conversing with emitting heat. Rachel Tronstein, customers without air conditioners president of Gardner-White, churning in the background. emphasized that after extensive Gardner-White has reaped testing they decided to deviate from the industry standard color temperature of 27000 Kelvin to a slightly cooler 30000 Kelvin.

To make the lighting transition easier, Gardner-White used Philips Lighting Capital to help finance the project.

Through a unique comprehensive financing program, Philips helped Gardner-White calculate anticipated monthly energy savings and structure a payment program that allows the company to break even or generate positive cash flow. “When we saw the Philips LED lamps, we knew they were the right choice for us. Plus, no other vendor offered a financing component that helped support the sale of the lamps. With Philips Lighting Capital option, we were even more thrilled about our decision because we could make this change immediately, with no up-front costs.� said Rachel.

Over a one-month period, Gardner-White replaced all 8,700 lamps in its ten stand-alone showrooms. The lamps blend seamlessly into the existing fixtures and allow Gardner-White to keep Visit us online at www.cammagazineonline.com

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significant benefits on its operating budget, as well. With the pure reduction from 75 to 19 watts across 8,700 lamps, the company expects substantial reductions in energy costs in the six digits. In addition, Gardner-White utilized a local utility rebate for an additional $92,000 in savings. Finally, by not having to offset the halogen heat with excessive air conditioning, the company expects additional tangible energy savings. As a result, Gardner-White expects a return on investment for the lamp replacements within just one year.

In addition, by reducing energy consumption, the switch to LEDs is estimated to eliminate over 3.2 million pounds annually in CO2 emissions, equivalent to taking 1,700 cars off the road each year (based on a reduction of wattage from 75 to 19, resulting in a savings of 11.6 million KWH per year,

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A B I L I T Y according to U.S. EPA calculator).

“With the switch to LEDs, we are seeing a noticeable improvement in the store, from how the furniture looks, to how comfortable our customers and staff are while shopping, to our operating budget,” said Steve. “We are amazed that such a simple switch can have such a powerful and lasting impact on our business and the environment.”

Project Summary: • Project Scope Replaced 8,700 75W PAR 38 halogen lamps with 8,700 Philips 19W PAR 38 Single Optic AirFlux LED lamps • Project Timetable Project initiated in March 2014, with installation completed by the end of April 2014 • Primary Benefit significant cost savings (six figures) from reduced energy consumption • $92,000 utility rebate

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Other Benefits include immediate transition to LED at break-even costs, without up-front expenses, using the Philips Capital financing option. High-quality light without generating heat, allowing GardnerWhite to reduce air conditioning load. Improved furniture displays with true color presentation and wood highlights.

Many retail stores that have changed to LED also report higher sales that they attribute to better quality lighting.

According the Department of energy, while LED installations increased in all applications between 2012 and 2014, more than quadrupling to 215 million units overall. Market penetration in the commercial sector remains modest, climbing to 3 percent overall in 2015, versus less than 1 percent in 2012.

As you see, there is still plenty of opportunity.

Southeastern Michigan is a hot-bed of lighting innovation… so choose your lighting partners carefully.

“The Voice of The Construction Industry®”

By Christopher A. Ferlito, Kotz Sangster Wysocki, PC

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“The Voice of The Construction Industry®”

C O N S T R U C T I O N

ost contractors are familiar with change orders and the procedures involved in the change order process. However, too many contractors buy into the myth that they can compensate for a low bid with a change order.

While a change order certainly can put a project into the black, change orders too often put the contractor into the red.

Here, we address several issues with change orders and recommend a course of action for dealing with them.

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NOTICE OF EXTRA WORK Issue: Projects move fast. Because of this, contractors often overlook important contractual notice requirements when extra work arises on the construction site. Nearly all contracts contain a provision requiring contractors to provide a notice of claim for events that threaten to raise the cost of a project, such as extra work. If the contractor fails to provide notice, the contractor may waive part if not all of its compensation for extra work.

A typical provision provides: Subcontractor’s compliance with the notice and time in Section 10.4 shall be a condition precedent to Subcontractor’s adjustment and Subcontractor waives and releases any claim for additional compensation or an extension of time in the event that Subcontractor does not so comply.

These types of provisions make payment for additional work contingent on the contractor’s (or in this case the subcontractor’s) notice that the contractor believes the work is an extra to the contract. These clauses are enforceable under Michigan law. For example, a judge from the United States Court for the Eastern District of Michigan recently denied a subcontractor’s claim for compensation for extra work because the subcontractor failed to Visit us online at www.cammagazineonline.com

comply with the contractual notice provision. The court was emphatic: Subcontractor has no right to any additional compensation related to extras because it failed to satisfy the express condition precedent that it provide written notice to contractor of the claim.

Despite repeated verbal notices to the general contractor about the additional work, the subcontractor received zero dollars on its several hundred thousand dollar claim.

Recommendation: Contractors should pay special attention to the change order, notice and time provisions of the contract and ensure they are meeting these requirements. If the contract sets a deadline and describes the method and content of the notice,

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contractors must meet those requirements. Almost always, these provisions will require written notice of the extra work before it is performed. If the contract doesn’t contractors should follow the direction of two federal Claims Court cases. In Calfon Construction Inc. v US the court said notice must be given before such time that the other party “would suffer if not apprised of the facts.” 1 (Which means before the extra work is performed.) And in Hoel-Steffen Construction Company v US, the court said the content of the notice must let the other party know it is being “called upon to act.” 2 (Which means writing something like, “Your instructions are a direction to proceed with extra work – please issue a change order for an increase in our contract price.”) In short, giving timely and effective notice is the first key to getting compensated for extra work.

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BASE CONTRACT WORK OR EXTRA WORK? Issue: Most prime contracts give the owner the right to direct the contractor to proceed with disputed work. Most subcontracts give the general contractor or construction manager the same right against the subs. Because of this, a contractor, or subcontractor as the case may be, is obligated to perform the work even if the other contracting party disputes that the work is, in fact, extra.

Recommendation: As we said above, timely written notice of the extra before it is performed is mandatory. But in addition to written notice, written documentation substantiating the extra and its cost is also essential. Take photographs and extensive notes, keep daily reports of the materials, equipment, and labor hours expended, and

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compile the relevant project records, such as correspondence, meeting minutes, drawings, and RFIs. These records are the foundation of the contractor’s right to compensation.

Moreover, an ounce of prevention is worth a pound of cure. Too many change order disputes between prime and subcontractors result from post-bid scope review meetings that are unproductive or, worse, non-existent.

In these meetings, the contractor must ensure its bid price includes the entire scope of work expected of it.

On the other hand, a general contractor, or owner if appropriate, should similarly determine whether a trade contractor’s bid includes all of the work associated with that trade package.

Discuss exclusions frankly.

And maintain written records detailing the scope of work so both parties can avoid uncertainty over expectations.

THE HIDDEN FINANCING BURDEN Issue: Too often, a contractor performs extra work in the beginning or middle of a project, but does not get compensated for it until the end.

Because it takes a long time to process the change order, the contractor must bear the cost of financing the extra work. The true cost of this can be significant. For example, if Contractor ABC’s line of credit carries seven percent interest, the contractor will pay $583.33 in monthly interest on every $100,000 it spends. If Contractor ABC performs $100,000 worth of extra work and receives payment within 60 days of performance, Contractor ABC will bear $1,166 in additional financing costs.

Unfortunately, payment for an extra within 60 days is the exception, rather than the norm. The financial burden is magnified when labor rates and overhead and profit percentages for extras are capped.

“The Voice of The Construction Industry®”

C O N S T R U C T I O N Finally, it never hurts to inform the owner or general contractor of the expectation that change orders will be processed expeditiously. When submitting a quotation for extra work, contractors should include a deadline for payment of the change order and cost for financing the work.

While payment by the deadline and payment of the financing costs is far from certain, simply setting the expectation is beneficial.

Recommendation: Early and effective written notice of an extra allows the change order process to begin sooner, which allows contractors to bill sooner, which then forces owners to pay sooner.

Additionally, many prime contracts allow a contractor to invoice for a portion of the extra work, even if the total cost of it is in dispute. For example, the American Institute of Architect’s “A201” general terms and conditions allows the contractor to include work being performed pursuant to a construction change directive on its pay application: Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified.

The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either Visit us online at www.cammagazineonline.com

party to disagree and assert a Claim in accordance with Article 15.

Many non-AIA contracts contain similar provisions, and contractors should take advantage of them.

THE CUMULATIVE CHANGE ORDER DOCTRINE Issue: When multiple changes on a project occur in sequence or concurrently, there is often a compounding and adverse effect on the productivity of base contract work. This is sometimes referred to as the “cumulative change order doctrine” or “ripple effect.” 3 Whether significant or minor, change orders routinely affect a contractor’s

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original scope of work: unless the contractor obtains a time extension or gets paid to perform the extra work on premium time, the changed work must be crowded into the same space or duration as the contractor’s base contract work.

Stated differently, the base contract work and the extra work are crowded together, making both less productive and more costly for the contractor to perform.

Multiple change orders compound this effect.

Unfortunately, the disruptive impacts of changes often cannot be fully and accurately anticipated at the time the extra work is quoted.

The contractor winds up performing change order work or base contract work at efficiency rates well below those anticipated in its bid.

Recommendation: At the outset, contractors must keep daily records and reports of the work completed and the labor, materials, and equipment expended in the process.

While, most contractors are aware of the importance of record keeping, such daily reports are often the only 20 CAM MAGAZINE AUGUST 2017

“The Voice of The Construction Industry®”

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documents that help contractors get compensated for the true cost of extra work in a dispute with the other contracting party.

When faced with a project with multiple changes, a contractor identify all working should conditions that are likely to be adversely affected by the succession of changes. Accurate and detailed records will help the contractor explain how performing under those conditions caused a cost overrun. A contractor should also use available scheduling tools and cost accounting programs to track impacts of numerous changes.

Whenever practicable, begin preparing cumulative impact claims before the completion of a project. 4 And, of course, putting the owner or prime contractor on notice of the problem is essential.

Finally, contractors must beware of change orders that release cumulative impact claims.

Contractors should attempt to include a provision excluding cumulative impact costs in the respective change order, to the extent it is possible to do so.

Engaging in the cumulative cost analysis prior to the change order will provide support for including the provision and added costs in the change order. The data compiled to prove impact damages will likely improve your chances of receiving some if not all compensation for the impact experienced due to extra work.

Footnotes: 1 Calfon Construction Inc. v US, 18 Cl Ct 426, 438 (1989) 2 Hoel-Steffen Construction Company v US, 197 Ct Cl 561, 573; 456 F2d 760, 768 (1972) 3 C. Ibbs & W. Allen, Quantitative Impacts of Product Change, Constr.

Indus. Inst., Source Doc. 108 at 4 (May 1995) 4 G. Keating & T. Burke, Cumulative Impact Claims: Can They Still Succeed? 20 Constr. Law. 30-36 (No. 2, Apr. 2000) About the Author: Christopher A. Ferlito is an associate attorney at Kotz Sangster Wysocki, PC business law firm located in downtown Detroit. Mr. Ferlito worked as a law clerk for three years at Kotz Sangster during law school before becoming an

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associate attorney in spring 2016.

He focuses his practice on the construction, real estate and business industries.

He has experience in litigating numerous matters involving contract disputes, tort claims, construction lien matters, landlord/tenant matters, real estate disputes, and insurance issues. Mr. Ferlito has represented clients in both state and federal courts, and in alternative dispute resolution including arbitration, mediation and facilitation. His representation of clients includes general contractors, subcontractors, suppliers, developers, owners, local governments, municipalities and individuals.

CONCLUSION The change order process in the construction industry is inevitable and can cost contractors a lot of money. Timely and effective notice, good documentation, and frank discussions will put contractors in a better position to obtain compensation for additional work.

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Revisiting the

Michigan Building Contract Fund Act By

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Timothy J. Kramer, Esq., Abbott Nicholson, PC

“The Voice of The Construction Industry®”

C O N S T R U C T I O N

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ith the construction industry moving in a positive direction in the last few years, it is a good time to revisit the Michigan Building Contract Fund Act (MBCFA) 1. The MBCFA dates back to 1931 when it was enacted after builders took on construction projects too large for capital available to them. In doing so, they occasionally used funds from current projects to pay subcontractors and suppliers on old projects. When the depression occurred in 1929, builders handling funds in such a way went out of business, and subcontractors and suppliers were not paid. On private projects, 2 subcontractors and suppliers could only look to mechanic lien claims which, even today, are often ineffective. 3 Being remedial in nature, the MBCFA should be construed liberally to advance its remedy. 4

W

The Substance of the MBCFA The introduction to the MBCFA provides: AN ACT to protect the people of the state from imposition and fraud in the building construction industry and to provide penalties for the violation of this act.

Section 1. 5 of the MBCFA makes it clear that funds paid to a contractor or subcontractor on a project are considered to be trust funds to be used only “for the benefit of the person making the payment,

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contractors, laborers, subcontractors or materialmen, and the contractor or subcontractor shall be considered the trustee of all funds so paid to him for building construction purposes.” 6 A trustee has been defined as “someone who stands in a fiduciary or confidential relation to another, 7 in particular, one who holds property for the benefit of another.

Section 2. 8 of the MBCFA provides that when a contractor or subcontractor receives proceeds on a particular project, they must “first pay laborers, subcontractors and materialmen” hired to provide labor and material for the project. Failure to do so can result in civil and criminal claims which include prosecution punishable by a fine of not less than $100 or more than $5,000, in addition to jail time of not less than six months “The Voice of The Construction Industry®”

C O N S T R U C T I O N

or more than three years.

Section 3. 9 of the MBCFA provides simply that any funds paid on a project to a contractor or subcontractor not used to first pay “laborers, subcontractors, materialmen or others entitled to payment, shall be evidence of the intent to defraud.�

Such a required showing under Section 2. is all that is needed to find civil and/or criminal liability. 10

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sure that funds from each individual job are used to pay your contractors, laborers, subcontractors and materialmen for that particular job. Failure to do so could result in civil as well as criminal claims against your company, as well as any person in your company responsible for such funds. Accordingly, take the time to handle proceeds you receive on each job in such a way that you can document when received and show prompt payment on that job to those who have supplied labor and material to it. (continued)

Who is Liable?

Many believe that incorporating or creating a limited liability company will shield them from personal liability. Although this may be true in certain circumstances, it is not the case under the MBCFA. Rather, any individual who has control over a project fund can be found to be responsible civilly and/or criminally for improper use of the funds under the MBCFA. 11 This can include shareholders, persons who handle the money, persons who make payment decisions, and potentially persons whose names appear on an account when trust funds have been deposited, even if such person is not aware of how the funds are being handled. 12 Unfortunately, there can be situations that result from innocent actions that will wind up being violations of the MBCFA. For this reason, it is necessary that those persons handling project funds be trained properly to do so. Thus, it is important to retain professionals to advise on appropriate procedures to make sure that MBCFA violations do not occur.

Conclusion As the construction industry continues to improve, it is important that you be aware of the MBCFA and that you make Visit us online at www.cammagazineonline.com

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Footnotes: 4811-5939-9488, v.1 1 MCL 570.151 et seq.

2 It has been held MBCFA does not apply to public jobs – In Re Strojny, 337 BR 150 (Bankr WD Mich 2006) and In Re Certified Question, 411 Mich 727; 311 NW2d 731 (1981) 3 People v Miller, 78 Mich. App. 336, 342; 259 N.W.2d 877 (1977) 4 Weathervane Window, Inc. v White Lake Const. Co., 192 Mich.

App. 316, 325; 480 N.W.2d 337 (1991) 5 MCL 570.151 6 It has been held equipment lessors are not protected by the MBCFA – KMH Equip Co v Chas J. Rogers, Inc, 104 Mich App 563; 305 NW2d 266 (1981) 7 Black’s Law Dictionary (10th ed. 2014) 8 MCL 570.152 9 MCL 570.153 10 BC Tile & Marble Co, Inc v Multi Bldg Co, Inc, 288 Mich App

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576; 794 NW2d 76 (2010) 11 In addition, individual liability under the MBCFA is generally not dischargeable in Bankruptcy – 11 USC 523(a) (4) 12 People v Brown, 239 Mich App 735; 610 NW2d 234 (2000)

About the Author:

Timothy J. Kramer, Esq., is a Shareholder at Abbott Nicholson, PC, with offices in Detroit and Troy. He has been practicing law for thirty-three years in State and Federal Courts throughout Michigan. His practice includes the representation of owners, contractors, subcontractors and suppliers in various construction matters including, collections, construction lien claims and bond claims.

“The Voice of The Construction Industry®”

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Play Ball!

Old tiger stadium phOtO cOurtesy Of Wikipedia creative cOmmOns all Other phOtOs cOurtesy Of rOncelli, inc.

The Next Generation Takes the Field at Michigan and Trumbull By

Mary Kremposky McArdle

Associate Editor

ew die-hard Detroit Tiger fans can forget October 7, 1968 at Tiger Stadium. Willie Horton’s perfect throw to catcher Bill Freehan stopped St. Louis Cardinal’s Lou Brock as he attempted to score from second base on a single to left field. Horton’s throw helped to turn around the 1968 World Series in Detroit’s favor.

Detroit’s hometown and home-run hero, Willie Horton, recently returned to the site of the former Tiger Stadium, not to bask in remembered glory, but to celebrate the groundbreaking of a new facility dedicated to shaping a better future for Detroit’s youth. A joint venture of Detroit-based Tooles Contracting Group, LLC and Roncelli, Inc. is transforming the former stadium site into a new headquarters for the non-profit Detroit Police Athletic League (PAL) and a 2,500-seat stadium for youth. Pendulum Studio, Kansas City, Missouri, designed the complex. The firm’s practice focuses on community enhancement, specialty projects and sports facility design.

F

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perimeter wall located In Horton’s honor, the between the stands and has been stadium the field. christened the Willie For many Tiger fans, Horton Field of Dreams Michigan and Trumbull is presented by Meijer. The hallowed ground, and overall complex, “called instead of building a The Corner Ballpark completely different kind presented by Adient, will of development, the spirit house a new Detroit PAL of the stadium is still alive headquarters, dugouts, and in the process of locker rooms, and more,” being re-invented for a according to a Detroit PAL new generation. “All of press release.

“Detroit these kids will be able to PAL will be programming a play in the same place as variety of sports on the Detroit Tiger greats Ty field, including softball, TCobb, Al Kaline and Kirk ball, coach pitch, football, Roncelli is “stepping up to bat” as the self-performing concrete contractor for this Gibson,” said Roncelli’s cheer, soccer,” and of noteworthy project. A joint venture of Tooles Contracting Group, LLC and Roncelli, Director of Self-Performed course, baseball.

Inc. is transforming the former Tiger stadium site.

Work, Eric C. Steck.

Before the crack of a bat “WJR’s late JP McCarthy was always is heard once again at the fabled contractor, along with associated very involved in fundraising activities corner of Michigan and Trumbull, excavation and backfilling. Roncelli for Detroit PAL. He is probably looking another type of team had to take the installed foundations for the new down on the site and saying, ‘What a field. Roncelli’s Detroit office served headquarters and support spaces, great idea.’” as self-performing concrete along with foundations for a new

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A Challenging First Inning In most cases, preparing for foundations proved to be more challenging than actually building the foundations. While the history on the field is the stuff of legends, the soil below the field is made of far less durable stuff. “Because of poor soil conditions, the project required extensive undercutting of non-load-bearing soils and replacement with engineered fill prior to the actual pouring of foundations,” said Steck.

Roncelli, Tooles Contracting and an all-star team of design and construction professionals rose to the challenge and executed a great play below-grade. In

addition to concrete testing, Professional Service Industries, Inc. (PSI) conducted soil investigations on a daily basis, testing the soil and identifying the depth and width of each soil block or undercut in need of removal. As the provider of surveying services, Anderson Eckstein and Westrick, Inc., (AEW), Shelby Township, established the exact dimensions of each undercut to make way for soil removal and installation of new concrete foundations. “The undercuts ranged from two feet deep to seven feet deep,” said Steck.

The undercuts for the new Detroit PAL headquarters and the locker rooms, dugouts, concession building and other support spaces were virtually continuous. “The undercuts on the site occurred all along Michigan Avenue and all the way up Cochrane Street,” said Steck.

The undercuts generated about 4,000 yards of spoils. Some of the spoils will be used for future landscaping, and the project team is currently considering options for re-use of other portions of the spoils.

A Cost-Effective Game Plan Working under PSI’s direction, Roncelli placed 21AA limestone in the undercuts, bringing the material up to the underside of the soon-to-bepoured foundations. The engineered fill achieved a high-bearing capacity of 4,000 psf to support the new foundations.

As part of value engineering, Roncelli suggested a different game plan for the perimeter walls, resulting in significant cost savings for this budget-conscious undertaking. “Concrete walls define the field and needed to be poured between the field and the stands,” said Steck.

“The walls run down the perimeter of left field behind home plate and out to right field. We asked, ‘Why do these barrier or perimeter walls around the field need the same level of bearing capacity? The walls will not bear any load other than a bit of masonry.

“Ultimately, they reduced the bearing capacity requirements for these

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“The Voice of The Construction Industry®”

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perimeter walls, eliminating the need for substantial undercutting and fill,” continued Steck.

“This approach saved the project an estimated 1,000 yards of undercut and fill, and saved the owner significant dollars.”

The Ninth Inning The ninth inning of this “ball game” had to be played in January, because the extensive undercuts and other soil challenges in the early phases pushed backfilling of foundations into winter conditions.

As another A Double Play Belowsubsurface challenge, the Grade underground drainage tiles The undercuts were one of the former stadium difficult condition, while the would sometimes funnel alignment of select A drone took this photo of the foundation outline of this exciting new project rain water into the open foundations and deep emerging on the grounds of the former Tiger Stadium. Roncelli placed approximately excavations.

This also underground utilities 1,150 cubic yards of concrete for the foundations. impeded progress and presented a second turned backfilling of foundations – systems to “produce a more appealing challenge. Roncelli ably met both typically a fair weather activity like the look for the cast concrete,” said Steck. conditions, executing the baseball game of baseball itself – into a winter The concrete team included McCoig equivalent of a double play in managing “sport.”

Materials, Detroit, concrete supplier; and removing these two obstacles to “We can’t backfill on frozen material, Barnsco, Inc., Walled Lake, re-steel project success. because it would be susceptible to supplier; and Foundation Steel, According to Steck, the new utilities settlement later,” said Steck. “We Swanton, Ohio, re-steel contractor. had to tie-in with existing deeply placed storm water utilities running from Michigan Avenue to an area of the site between the dugout and the new headquarters and other areas in the concessions corridor. The utilities were placed about eleven-and-a-half-feet below-grade. Because much of the headquarters building and support structures have conventional four-footdeep foundations, the presence of these deeply placed utilities required the deeper placement of foundations in these select areas.

If not placed on an equal level with the utilities, the load of the concrete foundations would be imposed on the underground utilities. “Essentially, the challenge in this phase of the work was coordinating new utility and manhole locations with the structural drawings,” said Steck.

In deepening the footings and foundations in select areas, “We tried to do it right, and to be effective and not unnecessarily waste dollars and time,” said Steck. “This was achieved through working collaboratively with the concrete team in the field and the architect, engineer and owner.”

For the concrete pour itself, Roncelli used Form Tech’s modular form Visit us online at www.cammagazineonline.com

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budgetary concerns were provided ground thaw the dominant force. heaters to protect the grade, as well as blankets to prevent freezing.”

Future Plans, Past Overall, Roncelli brought in Memories about 5,600 tons of 21AA Future concrete phases limestone for the will include interior slabengineered fill and Class II on-grade work, concrete sand as the backfill slab on deck and extensive material. site concrete for this Although presented exciting new development separately, the undercuts designed to help the youth and concrete pours in of Detroit bat 1,000, both different areas of the site on the field and in their took place concurrently. future endeavors.

The “We didn’t ramp the project includes both manpower up as high as grade-level and elevated Team Roncelli is hard at work building the foundations for this next generation we originally anticipated,” seating, as well as a new youth stadium, the Willie Horton Field of Dreams and Detroit PAL headquarters, said Steck. “We initially main entryway. The new slated to open in late Fall 2017. wanted to get out front headquarters building will with the footings, pouring the lower house second-floor banquet and meticulous undercutting process footings first and then following up with kitchen facilities and offices on the first meant multiple crews could not be a wall crew.” floor. productively put to use on the site.

Roncelli elected not to add multiple Many Detroit Tiger fans have fond Additionally, in balancing budget and crews to the project, because the memories of the former stadium schedule, in this particular project, originally built in 1912. “When I was a kid, I remember riding the bus to watch the Tigers play at Michigan and Trumbull,” said Steck. “I was in fourthgrade in the 1968 World Series, and one of our teachers, Mr. Lake, brought in a black-and-white television for the students to watch the Tigers vs. the Cardinals.”

Working on the project made new Tiger memories.

As part of showcasing a new clothing product line and in celebration of Opening Day April 2017, Carhartt and partner ’47 OUTWORK, treated the construction crew to a personal site visit from a more recent Detroit Tiger great, Pudge Rodriguez. The construction team was then shuttled over to Comerica Park to watch the Tigers play on Opening Day. Some of the construction firms on site included Roncelli, Leidal & Hart Mason Contractors, Livonia, as masonry contractor and Blaze Contracting, Inc., Detroit, the excavation contractor for site utilities.

The Corner, the affectionate nickname for the old Tiger Stadium, is coming back in a wonderful way.

Visitors, friends and family will be able to grab a hot dog, a pinstripe package 32 CAM MAGAZINE AUGUST 2017

“The Voice of The Construction Industry®”

of Ballpark peanuts and enjoy a ball game at the corner of Michigan and Trumbull once again. As the selfperforming concrete contractor, Roncelli has literally built the foundation for this new generation of youth sports in a rebuilt field of dreams slated to open late Fall 2017.

The Team Roster Owner: Detroit Police Athletic League, Detroit Owner’s Representative: DTE Energy, Detroit Architect: Pendulum Studio, Kansas City, MO Joint Venture Construction Manager: Tooles Contracting Group, LLC, Detroit and Roncelli, Inc., Detroit office Structural Engineer: S/L/A/M Collaborative, Inc., Glastonbury, CT Civil Engineer: Giffels Webster, Detroit Mechanical/Electrical Engineer: Strategic Energy Solutions, Inc., Berkley Self-Perform Concrete Contractor: Roncelli, Inc., Detroit office Soil and Concrete Testing: Professional Service Industries, Inc. (PSI), Detroit Survey Engineer: Anderson Eckstein and Westrick, Inc., Shelby Township Concrete Supplier: McCoig Materials, Detroit Concrete Forms: Form Tech, Wixom Re-steel Supplier: Barnsco, Walled Lake Re-steel Contractor: Foundation Steel, Swanton, OH Stats Foundations: 1,150 cubic yards of concrete Interior Slab on Grade: 25,720 square feet Elevated Slabs: 12,130 square feet Spoils: Approximately 4,000 yards 21AA Limestone (Part of Engineered Fill) and Class II Sand (Backfill): Approximately 5600 tons

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Quality / Warranty Garage

Designing

the

Future

at American Axle & Manufacturing KIRCO MANIX Converts Vacant Plant into AAM’s Advanced Technology Development Center

IRCO MANIX Construction LLC recently delivered 350,000 square feet of construction for American Axle & Manufacturing, Inc., Detroit. American Axle & Manufacturing enlisted the construction services of the Troy-based firm to convert one of its vacant former manufacturing facilities into a $30 million Advanced Technology Development Center. As construction manager, KIRCO MANIX assisted the design team of IBI Group, Inc., Southfield and Gala & Associates, Beverly Hills, throughout the project, helping to expedite design decisions and construction solutions for this exciting new revitalization of a former plant.

This massive space had sat unused and unmaintained for nearly seven years prior to the start of the project. KIRCO MANIX transformed much of the building’s 80-year-old finishes and furnishings into this state-of-the-art research and development facility for American Axle & Manufacturing. This re-invented facility, located almost directly across Holbrook Avenue from American Axle’s global headquarters, now houses several of the company’s departments, including advanced manufacturing, advanced information technology, gear development, corporate manufacturing, next-generation prototype builds, warranty analysis and competitive assessment.

K

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H I G H L I G H T

phOtOs cOurtesy Of JasOn keen / trevOr lOng phOtOgraphy

and installation. The logistics of coordinating the demolition and renovation work were challenging. KIRCO MANIX had to isolate certain areas from the balance of the demolition and renovation work. This work included cleaning all of the remaining overhead steel, process piping and the roof deck in order to apply new paint.

Other work involved replacing all the existing fire suppression heads and piping, and completing the prep/placement work associated with the new epoxy floor system.

“Devoted to quality, commitment, relationships and reputation.”

KIRCO MANIX crafted this gleaming corporate lobby out of the raw space of a vacant former manufacturing facility.

KIRCO MANIX successfully managed the three main construction challenges of this $20 million project: • In Phase I, KIRCO MANIX’s team of subcontractors and suppliers completed work and accomplished the desired design intent for the twostory Administration Building and Garage Area.

Work in the main lobby proved to be the most challenging part of the project, because the lobby was completely renovated using only a rendering.

All impacted trades coordinated their work based off of only renderings, shop drawings and material submittals. This team effort successfully accomplished American Axle’s vision for the facility.

• In Phase II, KIRCO MANIX transformed the vacant manufacturing space into a state-of-the-art R & D facility to support American Axle’s continued pursuit of engineering excellence.

The work involved lead and asbestos abatement and removal in advance of demolition work, along with the sequencing of the R & D area renovation to support American Axle’s equipment move Visit us online at www.cammagazineonline.com

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H I G H L I G H T • Phase III of the project included replacement of the Administration Building’s curtain wall system. This phase, completed while the facility was fully occupied, was executed with minimal disruption to the facility and personnel operations.

The north wall (left) is the Patent Wall showcasing the many patents American Axle & Manufacturing holds. The south wall (right) contains the mission statement of this dynamic company.

Today, American Axle & Manufacturing’s new Advanced Technology Development Center is a place of gleaming epoxy industrial floors, newly painted steel, light-filled office space and a well-appointed corporate lobby.

New glasspartitioned offices offer an open work environment filled with natural light, and restoration of the building’s original decorative precast façade makes for an inviting exterior presence along Holbrook Avenue. KIRCO MANIX completed the building’s transformation from vacant plant to advanced technology hub in early March 2017.

Information Courtesy of KIRCO MANIX

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KIRCO MANIX created a fitting product display showroom that celebrates excellence in this state-of-the-art research and development facility for American Axle & Manufacturing, a global leader in design, engineering, validation and manufacturing of driveline, metal forming, powertrain, and casting technologies for automotive, commercial and industrial markets.

Paving the Way for Success A Solid Plan and A Solid Approach

Local municipalities and road building experts continue to shine the spotlight on the need to repair, rehabilitate or replace our roads.

Smart.Results.Fast.

Replacement of the Administration Building’s curtain wall system was part of Phase III of the project.

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H I G H L I G H T

In the gear lab, epoxy industrial floors and newly painted steel add a polished glow to American Axle & Manufacturing’s new Advanced Technology Development Center.

About the Companies American Axle & Manufacturing is a premier, global leader in design, engineering, validation and manufacturing of driveline, metal forming, powertrain, and casting technologies for automotive, commercial and industrial markets. AAM has over 25,000 associates operating at more than 90 facilities in 17 countries to support its customers on global and regional platforms with a focus on quality, operational excellence and technology leadership.

KIRCO MANIX Construction LLC provides a unique, fullservice approach through every phase of a project: design, engineering and construction. KIRCO MANIX now accounts for over three billion dollars of successful construction projects, and has a geographic footprint in Michigan, North Carolina and Ohio.

The following consultants and subcontractors contributed to American Axle & Manufacturing’s Advanced Tecnology Development Center: • Civil Engineering – Environmental Engineers, Inc., Southfield • Testing – G2 Consulting Group, Troy • Structural Engineer – Paradis Associates, Rochester • Commissioning Agent – Sellinger Associates, Livonia • Service/Supply Outhouses – Brendel’s, White Lake 38 CAM MAGAZINE AUGUST 2017

• Asphalt Paving – Asphalt Specialists, Inc., Pontiac • Earthwork/Site Utilities – Blaze Contracting, Detroit • Demolition – Blue Star, Inc., Warren • Paving – Hutch Paving, Inc., Warren • Fences & Gates – Shamrock Fence, Southgate• • Concrete Flatwork – Albanelli Cement Contractors, Inc., |Livonia • Masonry – Masonry Developers, Inc., Rochester • Steel Erection – Judd Industrial Contracting, Detroit • Steel – Service Iron Works, Inc., South Lyon • Carpentry – Brinker Team, Detroit • Millwork – Sobania, Inc., Detroit • Metal Siding – Associated Print/APMS, Inc., Madison Heights; • Midwest Metal Walls, LLC, Trenton • Roofing – Corporate Roofing Company, Detroit; Lutz Roofing Company, Inc., Shelby Township • Doors/Hardware – A & C Builders Hardware, Inc., Warren • Overhead Doors/Dock Equipment – Overhead Door Company of Toledo, Toledo • Glazing – Pearl Glass & Metals, LLC, Oxford • Glass and Glazing – Universal Glass & Metals, Inc., Detroit • Ceramic Tile – East Side tile & Marble Co., Inc., Harrison Township; Griffin Marble Restoration, Romeo • Epoxy Floorcoating – Hoover Wells, Toledo

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• Painting – Midwest Pro Painting, Inc., Livonia; T & L Painting, Warren • Carpet – SCI Floorcovering, inc., Romulus • Paint/VWC – Technical Specialties & Applications, Inc., Pontiac • Toilet Partitions/Accessories/Lockers – Rayhaven Group, Inc., Livonia • Elevator – ThyssenKrupp Elevator, Livonia • HVAC – Covenant Environmental, Howell • Plumbing – Falcon Mechanical, Allen Park • Fire Protection – Professional Sprinkler, Inc., Wixom • Electrical – G & B Electric, Ferndale • Environmental – Lead Abatement – BBEK Environmental, Warren

H I G H L I G H T

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PROFESSIONAL EXPERIENCE: UĂŠ ÂœÂ“ÂŤ>Â˜ĂžĂŠĂƒĂŒ>Ă€ĂŒi`ĂŠÂˆÂ˜ĂŠÂŁÂ™Ă‡nÆÊ ĂŠĂŠĂŠĂŽx³ÊÞi>Ă€ĂƒĂŠÂœvĂŠiĂ?ÂŤiĂ€Âˆi˜Vi UĂŠ ÂœĂ€ĂŒĂ•Â˜iĂŠxääÊVÂ?ˆiÂ˜ĂŒĂƒ UÊÇä³Ê “Â?ÂœĂžiiĂƒ UĂŠ Â?ÂœL>Â?ĂŠiĂ?ÂŤiĂ€Âˆi˜Vi

3%!-!. 34 s 4/,%$/ /( 0(/.% s &!8 Visit us online at www.cammagazineonline.com

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P R O D U C T

S H O W C A S E

Chicago Pneumatic Introduces Electronic Pokers to Concrete Lineup Chicago Pneumatic Construction Equipment now offers a new concept in its vibration equipment lineup with the launch of electronic pokers. The quiet, safe and efficient Vektor 12K electronic pokers provide high centrifugal force, making them suitable for use across a wide variety of high-to-low slump concrete applications.

For ease of operation, all Vektor models feature a high-frequency motor-in-head poker and a built-in frequency converter (60 to 220 Hz), which allows them to be plugged directly into a standard 115 V wall socket.

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The concrete pokers are available in two versions: a standard model equipped with a 16-foot hose for vibrating concrete walls, bridges and beams; and a devibrated E-version specifically designed for flooring applications.

At 12 times the unit’s diameter and a vibration frequency of 12,000 VPM, the Vektor series features an expansive radius of action and requires fewer insertions.

This results in greater productivity on-site and faster job completion.

A key element of the Vektor series is the poker head design. Built in is a silent electric induction motor that drives a onepiece copper helical rotor. For added protection, all of these vital components are housed within a hardened steel tube.

In addition, the design provides less resistance when the machine starts and operates at full capacity. This results in reduced power consumption, which allows it to run the poker using a small generator.

High-quality, low-maintenance and oillubricated roller bearings ensure the life of the poker head is extended compared to conventional greased-for-life bearings.

For additional efficiency, all models are equipped with a rebar blockage prevention feature that monitors the poker’s current draw and adjusts the poker head’s amplitude to avoid jamming inside the reinforcement bars.

Both the operator and machine are protected through a number of internal safety features located within the converter box. For more information on CP concrete products, please visit www.cp.com.

Bosch Daredevil® Multipurpose Drill Bits Feature Multi-Grind Carbide Head and Hex Shank for Maximum Material Versatility Upgraded Head Delivers Up to 85 Percent Faster Drilling in Metal vs.

Standard Bits Bosch Daredevil® multipurpose bits get the job done in a variety of materials, including masonry, brick, block, tile, metal, wood and plastic. Thanks to a

carbide multi-grind head (tip is ground on four surfaces) that delivers up to 85 percent faster drilling in metal vs. competitive multi-material bits, these bits are ready for any drilling task in almost any material. They could be the only bits you’ll ever need.

The multi-grind head on Bosch Daredevil multipurpose bits feature sharp edges that are tough enough for metal and masonry applications. The bit’s robust tungsten carbide head ensures no skating, clean holes and long life in impact applications. Daredevil multipurpose bits have up to 9x life versus competitive bits in multi-material applications.

Whether you’re a pro or a DIY’er, Bosch Daredevil multipurpose bits deliver the same advantage – one bit that can drill in a wide variety of materials. Often it is not efficient to change bits on the jobsite.

With Daredevil multipurpose bits it’s not an issue – one bit does the job of several, so it saves time and the hassle of carrying around a pocketful of bits.

Daredevil multipurpose bits have an impact-rated hex shank that can withstand tough drilling when used in a hammer drill or an impact driver. The bits feature steep flutes with ribs for fast dust removal in applications that range from masonry to metal. Diameters extend from 1/8” to ½”.

To learn more about the Bosch Daredevil multipurpose bits or to find a local dealer, visit www.boschtools.com or call 877-BOSCH-99.

Check out www.bethepro.com for additional tips and videos.

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P R O D U C T

Toro Introduces MB TX 2500 Tracked Mud Buggy Innovative, Easy-to-Use Unit Redefines Material Handling Category Toro announces the launch of the allnew, patent-pending Tracked Mud Buggy - the MB TX 2500 - as an innovative solution for the concrete placement and material handling equipment categories. With the addition of this new product, Toro now offers both a wheeled version and a tracked version to meet the specific needs of a variety of contractors and applications.

The highly productive MB TX 2500 offers intuitive controls resulting in excellent maneuverability in confined areas, regardless of the operator’s skill level. The unit can carry up to 2,500 lbs. of material, and the 25 hp KOHLER® Confidant engine delivers the proper power to tackle even the toughest hauling jobs. Additionally, the MB TX 2500 can reach transport speeds of up to 6 mph in forward and 3 mph in reverse to efficiently transport material around the jobsite.

In terms of durability, the rugged Visit us online at www.cammagazineonline.com

Endless Kevlar® reinforced tracks are built for high performance and offer outstanding traction for a wide range of terrain including hillsides, culverts and ditches. The unit also performs well in a variety of challenging conditions such as mud, gravel and even snow.

The MB TX 2500 has a unique dump switch design that travels with the controls, ensuring that the dump switch is always at the operator’s fingertips.

The unit also features an auto-return dump feature that eliminates the need for the operator to wait for the tub to return to traveling position, increasing overall productivity. The model weighs approximately 1,575 lbs. and boasts an impressive 16 ft3 tub volume.

The MB TX 2500 also features convenient service points for routine maintenance. The belts, hydraulics, battery and engine compartment are all easily accessible and simple to maintain. Additionally, there are fewer hoses and fittings when compared to other material handlers in its class, effectively reducing service time and maintenance costs.

For additional information about the MB TX 2500 and other Toro products, please visit www.toro.com.

S H O W C A S E

G

• Small-Medium Site Projects

• Road Work

• Emergency Repairs • Land Clearing

810.941.8926 gillettexcavating.com 2450 Range Rd. • Port Huron, MI • 48060

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P R O D U C T

S H O W C A S E

New Arisfor™ High Performance Multi-Surface Waterproofer is Powered by Nanotechnology Arisfor, LLC, a leading provider of coatings and sealers for a wide range of masonry and concrete surfaces, recently introduced its next-generation Multi-Surface Waterproofer (MSW).

Using leading edge nanotechnology, the new Arisfor™ MSW forms a moisture barrier that integrates with the surface material, providing superior protection against the damaging effects of water intrusion, acids and deicing salts.

The new Arisfor MSW is the result of an association with Integricote™, the first nanotechnology spin-off company from the University of Houston, and currently based at Energy Research Park in the center of Houston, TX. Working with Arisfor to develop the new MSW, the

only a single coat application.

SIMPLE PREP: Many waterproofing products require multiple steps and extensive time to prepare a designated surface. With Arisfor MSW, the surface area simply needs to be cleaned down once, and it is ready for application.

FAST-CURING: The new Arisfor MSW formulation dries in less than 30 minutes and sets in less than two hours, minimizing back-end project downtime.

SURFACE STAYS THE SAME: Once applied, the surface area’s coefficient of friction does not change, and texture and color remain the same as well; the standard variety of product is clear.

Integricote team deliberately moved away from traditional sealing agents. Most sealing and coating formulations are polymer-based; they interact with the surface area they are designed to treat in a similar manner as paint, and will degrade under ultraviolet light over time.

Integricote developed a nanotechnologybased formulation that would bind to concrete and masonry from the inside out upon application. This enables the penetrating sealer to become an integrated, highly functional part of the concrete and masonry, itself.

Arisfor MSW is designed to prevent corrosion, spalling and cracks caused by moisture, de-icing salts and chemicals, for new or untreated concrete construction, masonry and precast applications. The product is equally suited to both residential and commercial use, including home and commercial building facades, parking lots and decks, driveways and curbs, loading docks and ramps, and concrete sidewalks and stairs. Other applications include tile, limestone, granite, marble, slate, and even gravestones. Arisfor MSW is currently marketed in one and five gallon pails, and is applied with a standard sprayer.

ONE-AND-DONE APPLICATION: The new Integricote-powered formula needs

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EASY MAINTENANCE: Maintenance and re-application requires no special treatments to the surface. The surface area is simply wiped down, and Arisfor MSW is re-applied.

LONGER LASTING: Most other waterproofing products require annual reapplication as a standard. One application of Arisfor MSW lasts from two to six years before reapplication is required, depending on environmental factors and foot traffic.

HIGHLY RESISTANT FINISH: The new Arisfor MSW contains additives that impart a mold and fungal resistant finish.

ENVIRONMENTALLY FRIENDLY: Unlike other sealers, Arisfor MSW uses fluorinefree and non-perfluorocarbonated surfactants.

SHORT- AND LONG-TERM SAVINGS: With the one-and-done application and simple surface preparation, short-terms savings in material and labor are realized.

Long-term savings are realized as well, through simplified maintenance and longer periods between reapplication.

To learn more about Arisfor and its product line, please visit www.arisfor.com.

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P R O D U C T

Power, Performance, Comfort - New Hilti Combihammer TE 50-AVR Hilti is expanding its SDS-max rotary hammer portfolio with the introduction of the Hilti TE 50-AVR SDS-max rotary hammer with chiseling. Designed to be powerful and lightweight, the Hilti TE 50-AVR delivers superior performance in multiple applications, including hammer drilling in concrete, masonry and stone. It can also make quick work of light- and medium-duty chiseling in masonry and concrete.

This new SDS-max rotary hammer features Active Vibration Reduction (AVR) that reduces vibrations by up to 2/3 that of competitor models. This helps keep users comfortable and productive all day long. The TE 50-AVR also has a detachable cord, which helps to reduce cord damage and wear. This cord simply snaps out if too much tension is applied, and it can easily be reconnected for quick field replacement of damaged cords.

Weighing in at just 13.4 lbs., the Hilti TE 50-AVR is the lightest SDS-max rotary hammer in Hilti’s TE-Y class.

While hammer drilling, the combihammer has an optimal hole diameter range of ½” up to 1-1/4” but can drill holes up to 1-9/16” in diameter.

The TE 50-AVR can also handle percussion coring applications up to 31/4” diameter.

When the TE 50-AVR is outfitted with a Hilti TE-YD hollow drill bit and attached to the Hilti VC 20/40 vacuum, Visit us online at www.cammagazineonline.com

the user can virtually eliminate dust created during the drilling process and remove the need for subsequent hole cleaning when used with Hilti HIT-HY 200 or HIT-RE 500 V3 adhesive anchors. Without the Hilti SafeSet system, a vacuum with a HEPA filter would be required to collect airborne dust during hole cleaning in order to be compliant with Table 1 of the OSHA 1926.1153 silica standard. This Hilti SafeSet™ system (Hilti drill, hollow drill bit and Hilti vacuum) is Table 1 compliant with the OSHA 1926 standard.

The Hilti TE 50-AVR SDS-max rotary hammer is covered by the Hilti Tool Warranty 20/2/1 — 20 years of repair or replacement of defective parts; 2 years no cost repair including wear and tear; and a guaranteed 1-day turnaround on repairs.

For more information about the Hilti TE 50-AVR, please contact Hilti Customer Service. From the U.S. call Hilti, Inc. at (800) 879-8000 or visit www.hilti.com. From Canada, call Hilti (Canada) Corporation at (800) 363-4458 or visit www.hilti.ca.

Larson Electronics LLC Releases a New Explosion Proof Low Bay AC LED Light Larson Electronics LLC, a leading industrial lighting company, has announced the release of a new explosion proof low bay AC LED light to be added to its catalog of products.

This heavy-duty explosion proof LED features no driver, long lamp life and provides bright illumination with broad coverage in hazardous locations.

This explosion proof low bay AC LED light features state of the art AC LEDs paired with specially designed heat sinks for improved efficiency, thermal management, and durability. By

S H O W C A S E

eliminating the drivers associated with DC LEDs, space is freed up for more connective surface, accelerating heat dissipation and increasing durability.

The specially designed heat sink allows for greater surface area contact with the air as well as a stronger airflow rate.

This low bay LED has been created for maximum thermal efficiency, making it ideal for applications in which the ambient operating temperature falls into extreme ranges, especially high heat applications. In addition, fewer subcomponents also means fewer chances for secondary component failure. The simplified circuit system used within AC LEDs creates greater stability and enhances luminaire lifespan.

The IP68 rated construction of this LED light enables is to withstand the daily wear and tear inflicted by harsh outdoor conditions, as well as, the corrosive effects of saltwater spray in marine environments, including saltwater spray. The copper-free, nonsparking die-cast aluminum alloy housing and tempered glass lens are vibration and impact resistant, making it ideal for applications such as: oil refineries, petrochemical plants, painting facilities, offshore rigs, marinas, docks, warehouses, garages and commercial buildings. This AC LED light is listed for use in the United States and Canada and carries IEC Ex and ATEX certifications.

You can view Larson Electronics’ entire line of lighting by visiting them on the Web at larsonelectronics.com. You can also call (800) 369-6671 to learn more, or call (214) 616-6180 for international inquiries.

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P E O P L E / C O R P O R AT E

ASTI Environmental, Brighton, announced that employee Paul Rentschler has played an integral role on a design and architecture team to provide a plan for Rentschler a new vision, and to help shape, historic Palmer Park’s future.

Palmer Park is a 300-acre park, between Six and Seven Mile Roads and west of Woodward, in Detroit. Sponsored by the Michigan Chapters of American Society of Landscape Architects (ASLA) and Congress for New Urbanism, the plan addressed a wide variety of issues, including storm water management, transit and parking, and has become a blueprint for the City of Detroit when considering changes to the park as well as an effective fundraising tool for advocacy efforts.

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N E W S

Novi-based Fishbeck, Thompson, Carr & Huber, Inc. (FTCH) is pleased to announce Liz Marsh, PE, CHMM has joined the firm’s Environmental Marsh Division. Marsh, a senior environmental engineer, specializes in auditing, regulatory compliance, due diligence, and emergency response activities with her focus being waste management including Resource Conservation and Recovery Act (RCRA) and Toxic Substance Control Act (TSCA) waste. Marsh has over 22 years of environmental experience. She has also served as director and secretary for the Alliance of Hazardous Materials Professionals (AHMP), and also served as president of the AHMP Michigan Chapter.

Clark Construction Company, Lansing, has announced the hiring of two veteran construction professionals who will lead the company’s expansion into selfperform construction services. Larry Cowper has joined the firm as director of self-perform operations, and Richard Wagner will serve as director of selfperform estimating. The pair will be responsible for guiding Clark’s selfperform services through a wholly owned subsidiary, Clark Contracting Services.

Cowper is an 18-year veteran of the commercial construction industry, serving as a senior project manager, project manager and project foreman.

Wagner has 25-years of experience in the industry including positions as operations manager and lead estimator.

Both Cowper and Wagner are highly respected in the industry and have performed $10M/year in self-perform work.

CORPORATE NEWS

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Thanks in large part to Brighton-based ASTI Environmental acquiring a Heritage Grant from the Michigan Humanities Council, the Ypsilanti Housing Commission is in the midst of rebuilding Parkridge Housing that was originally designed by African-American

Architect Hilyard Robinson in 1943 for African-Americans who worked at the Willow Run Bomber Plant and contributed to the war effort. In addition to historical research, ASTI collaborated with stakeholders Washtenaw County OCED, Ypsilanti Housing Commission and the City of Ypsilanti to secure the Grant.

Wolverine Building Group, Grand Rapids, an all-inclusive construction service provider and management company, announced the groundbreaking of a new 100,000square-foot facility for Hastings Fiberglass.

The groundbreaking ceremony took place in early June 2017 in Hastings, MI. The building site stands approximately a quarter mile down the road from the current Hastings Fiberglass headquarters also in Hastings. The $8 million development was contracted to Wolverine Building Group due to the construction enterprise’s wide-ranging experience serving commercial, industrial, educational, community, residential, manufacturing, and national retail clients. The anticipated completion date for the project currently is set for February 2018.

Wolverine Building Group, Grand Rapids, conducted a groundbreaking ceremony for Robert Grooters Development and Hearthside Bakery’s new $7 million, 300,000-square-foot addition in mid-June 2017 in Kentwood, MI. Hearthside Bakery is one of the world’s largest contract food manufacturers with 24 facilities in the U.S. and Europe specializing in snack bars, cookies, crackers, pretzels, croutons, breadcrumbs, and other baked goods.

Hearthside Bakery hired Wolverine Building Group and Robert Grooters Development to design and build a cost-efficient building for all their storage needs. The new addition will be owned by Robert Grooters Development and leased to Hearthside Bakery.

Housing all of Hearthside’s raw ingredients in one location will drive more efficiency into their daily operations.

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C A L E N D A R

A U G U S T CONSTRUCTION CALENDAR Please submit all calendar items no less than six weeks prior to the event to: Amanda Tackett, Editor: tackett@cam-online.com

CAM Golf Outings 2017 August 22 -

Fieldstone Golf Club, Auburn Hills

September 25 -

Wyndgate Country Club, Oakland Township

August 19, 2017 CAM Cruise-In - Woodward Dream Cruise CAM Headquarters, Bloomfield Hills, MI This day-long event runs from 9am – 6pm and is free to all CAM Members and associates. Classic cars, BBQ and live music. Register at www.cam-online.com or call (248) 972-1000.

September 21, 2017 Boy Scouts Building Connections The Parade Company, Detroit A CAM-sponsored construction industry networking event to benefit the Boy Scouts of America, Great Lakes Field Service Council. Register at www.cam-online.com or call (248) 972-1000.

September 12, 2017 CAM Sporting Clays Outing Hunters Creek, Metamora, MI CAM’s fall Sporting Clays event is open to all CAM Members and associates. Cost is $105 per shooter and includes lunch, shoot, dinner, awards and prizes. Register at www.cam-online.com or call (248) 972-1000.

September 25-27, 2017 National Coil Coating Association (NCCA) Fall Technical Meeting Renaissance Fort Worth, Fort Worth, TX Fall meeting to include seminars on coatings, economics speaker, presentations on innovative products, and a trade show. For more information or to register, visit www.coilcoating.org or call (216) 241-7333.

September 14-17, 2017 American Society of Concrete Contractors (ASCC) Annual Conference Arizona Grand Resort, Phoenix, AZ For more information or to register, visit www.ascconline.com or call the ASCC office (866) 788-2722.

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N E W

M E M B E R S / A D

I N D E X

AIS Construction Equipment............... 18 Ace Cutting Equipment....................... 19 Alta Equipment.................................... 29 Aluminum Supply Co/ Marshall Sales..................................10 Amalio Corporation............................... 8 B & B Concrete....................................30 Blevins Sanborn Jezdimir Zack PLLC....................................... 17

WELCOMES NEW MEMBERS

CAM Administrative Services................ 3 CAM Affinity...................................... IBC CAM Comp..........................................25

123.NET, INC. SOUTHFIELD

CAM Labor Relations.......................... 27 CAM Magazine.................................... 44 CAM Membership................................15 Cavanaugh Quesada.......................... BC

EXCEL INDUSTRIAL ELECTRONICS, INC. MOUNT CLEMENS

Cipriano Coating Technology.............. 31 Concrete Moisture Control.................. 32 Connelly Crane Rental Corp................ 20

JW DESIGN LLC ROYAL OAK LEAVITT & STARCK EXCAVATING, INC. LANSING

Doeren Mayhew.................................. 36 Facca Richter & Pregler, P.C................ 21 G2 Consulting Group...........................37 Gillett Excavating.................................41 Hoover Wells....................................... 39 Jackson Associates.............................42 Jeffers Crane..................................... IFC

LIGHTHOUSE INSURANCE GROUP GRAND RAPIDS MAC COATINGS FARMINGTON

Lee Industrial Contracting..................... 4 Lee Xtreme.......................................... 13 Michielutti Brothers............................. 33 Michigan Construction Protection Agency............................45 North American Dismantling................14 Novara Tesija, PLLC............................ 23

METRO WIRELESS INTERNATIONAL, INC. MADISON HEIGHTS MOTOR CITY INDUSTRIAL HAZEL PARK MOTOR CITY PIPE & SUPPLY CO. DETROIT

Oakland Insurance................................ 7 Optare Services...................................40 Pace, Inc........................................ Insert Pearl Glass & Metals........................... 35 Raymond Excavating...........................45 Roncelli, Inc.........................................33 Sullivan, Ward, Asher & Patton, P.C.................................... 24 Valenti, Trobec, Chandler, Inc./ Griffin, Smalley & Wilkerson............... 5 Varnam Law.........................................26

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