The Geoprofessional Business Association (GBA) recently provided testimony to the International Code Council (ICC) to support a proposed change to the 2024 edition of the International Plumbing Code (IPC). The proposed code revisions would change how sanitary sewers are designed and constructed in areas  with expansive clay soils. The changes would reduce the risk of sewer failures and thereby reduce the professional liability exposure for consulting geotechnical engineers. The proposed code changes, which are referred to as Proposal P8-21 by the ICC, were initiated by the Structural Engineers Association of Texas and are also supported by the American Institute of Architects and American Council of Engineering Companies (ACEC) of Texas. GBA’s testimony was provided virtually by Mr. Steve Wendland, P.E, R.G., DGE of GeoEngineers, Inc., as shown in the screen shot below. Steve serves on GBA’s Board of Directors and has significant experience in the topics addressed by the proposed code revisions.

After the testimony on April 25, 2021, the proposed code changes were approved by the Code Committee of the IPC by a 10 to 4 margin. Next, the proposed code changes will be open for public comment, those public comments will be reviewed by Code Committee later this year, and then the ICC will vote on the final changes. The recent approval by the Code Committee is a significant assurance that these revisions will be included in the 2024 IPC, but the remaining review processes could still result in their disapproval.

For sites with expansive clay soils, the proposed changes would eliminate some sanitary sewer design and construction methods that have had a high failure rate. These sewer failures have led to expensive repairs and frequent litigation, including claims against geotechnical engineers like the project that is summarized in GBA Case History #108. A new Section 305.8 of the IPC would be created that would prohibit plumbing, hangers, or supports below a floor slab to be in contact with soil or any materials that are in contact with soil. Also, it would prohibit lifting of a slab and plumbing as an assembly to create the void space unless the under-floor space is a crawlspace with access to allow inspection of plumbing after lifting. More details can be found on the ICC website , search in the Group A changes of the IPC.

Steve Wendland testifies to International Code Council.

Thomas W. “Tom” Blackburn, P.E., G.E., F. ASCE, F. ACEC (Blackburn Consulting) is the new President of the Geoprofessional Business Association (GBA), a not-for-profit association of geoprofessional firms. Mr. Blackburn took office during ceremonies at GBA’s annual meeting held virtually on April 21, 2021.

Mr. Blackburn will serve as GBA’s president and chair the group’s board of directors. Other directors who will serve during GBA’s 2021-2022 fiscal year are:

• President-Elect: Leo Titus, Jr., P.E. (ECS Group of Companies)
• Secretary/Treasurer: Christopher Matthew “Matt” Moler, P.E. (S&ME.)
• Martin LaRoche, P. Eng, M.Sc. (Kiewit Engineering Group)
• Guy Marcozzi, P.E., LEED AP BD+C, F. ASCE (Duffield Associates, Inc.)
• Bradley M. Melocik, P.E., P.H. (DOWL)
• Teresa L. Peterson, P.E., C.M.E., LEED AP O+M, ENV SP (Gannett Fleming, Inc.)
• Steve Wendland, P.E., R.G., D.GE (GeoEngineers, Inc.)

During GBA’s 2021 Spring Conference, Mr. Blackburn thanked the Association Members for their confidence in his leadership and shared his plans to update GBA’s Strategic Plan, increase communication, and grow the membership.

More about Mr. Blackburn: HERE

Manage Risk and Improve Loss Prevention

GBA is partnering with the California Geotechnical Engineering Association to deliver a two-part interactive web-based workshop series focused on managing risk and improving loss prevention through thoughtful terms and conditions in geoprofessional contracts.

Topics to Include:

• Why contracts matter.
• Common contract terms that become problematic.
• Techniques for negotiating favorable contract terms.
• Resources you can use to manage risk and improve contract terms.
• Lessons learned from contract disputes.

Workshop Presenters:

• Lisa Gamblin, Esq. – Vice President, Claims & Risk Management at Terra Insurance Co.
• Terry Scanlan, Esq. – Attorney at Cairncross & Hempelmann
• Ji Shin, Esq. – General Counsel at Earth Systems Pacific

Save the Dates:
May 19th & 26th, 12-1pm (Pacific Time)

Registration Fee:
GBA Members and CalGeo $50
Non-members $150

GBA’s Contract Reference Guide:

GBA’s Contract Reference Guide, Fourth Edition, now is available in print and in an e-book version.     

This new edition prepared in partnership with Terra Insurance Company, not only provides
significant updates from the prior editions, but also includes important new topics, such as
Climate Change, Indemnities and Hold Harmless Provisions in Favor of the Consultant,
and Instruments of Professional Service.

Download Contracts Reference Guide: HERE

Register for Geoprofessional Contracts Workshop: HERE

GBA Resource Collaboration Committee

This Best Practices document identifies words that should be considered “taboo” in professional practice. They are:

• certify
• defend
• determine
• inspect
• monitor
• represent
• safety
• supervise

The six are not necessarily dangerous in and of themselves. How they are used and their context are important. Nonetheless, the consequences of using any one of them improperly can be so severe, many risk managers believe the words should be used only on a carefully considered, by-exception basis.

Download GBA Best Practices Taboo Words: HERE

Business Practices Committee

A Member-Firm with multiple offices became the victim of foreign hacking enterprise. When an employee of the firm opened an email from an unsuspected contact, and clicked on a link, the hackers reached the Firm’s management systems. Once they got access to the systems, the infiltrators spent months learning about the operations, information storage and data, unbeknownst to anyone. After obtaining and securing all that they needed, they locked the access to the IT systems, including emails and files and demanded seven-figure sum of money to release the records.

What happens next?

Case Histories are real-life stories about GBA member-firm experiences. They provide background, problems, outcomes, and lessons learned. There is no easier way to learn expensive and time-consuming lessons than from others that went through the pain first and shared their experiences so we can all learn.

GBA Case Histories are free to all members.

Download Case History #109: HERE

Resource Collaboration Committee

“Slipshod synonyms” (a.k.a. careless, sloppy, botched, faulty, inaccurate synonyms) are words that are used incorrectly in written and oral communication, from the belief they mean something that other words mean. One of the most common of these shows up only in writing it’s, when used to indicate the possessive form of it; i.e.,

“It’s areas of expansive soil will increase construction costs at the site.” In fact, it’s is a contraction that means “it is.” The possessive form of it is its, meaning that only “Its areas of expansive soil …” is correct.

Some examples included in this Best Practices document include:

absorb/adsorb
adhesion/cohesion
averse/adverse
flat/level/horizontal
inspect/monitor/observe
maximum/optimum
stick/adhere/cohere
transparent/translucent

GBA Best Practices: Slipshod Synonyms provides important guidance that will increase your awareness of these challenging words and help you avoid mistakes in proposals, reports, client communications and other communication to help you manage risk.
The GBA Best Practices series of documents, available to members only, provides guidance on geoprofessional business-practice issues.

Download: HERE

GBA Emerging Leaders Class

GBA has published over 100 case histories based on real-life events that have happened to geoprofessional firms. GBA Case Histories are unique because our members share real-life stories of problems that impacted their businesses. They also include the outcomes of corrective action, and lessons learned.

This episode in the series explores Case History #64 where the GBA Member Firm’s civil engineer client developed the geotechnical engineering scope of services for exploration on and around an existing landfill, without adequately conveying the project goals to the geotechnical engineer. The civil engineer then erred when transferring information from the member’s report to a set of plans. Both the civil engineering firm and Member Firm settled the ensuing claim but paid more than they believed was merited for their respective involvement.

Listen to Podcast:  GBA Podcast: Case History #64:  Communication is Key

GBA Legal Affairs Committee

The GBA Model Contract Set is available as an on-line download. The set comprises five model contracts and a comprehensive users’ guide. The five model agreements are presented in both PDF and WORD versions.

This set consists of three groups of forms: one group of prime agreements and two of subcontract agreements. The two subcontract groups allocate risk differently between the parties: one allocates it asymmetrically – favoring the prime contracting party, while the other allocates it symmetrically – favoring neither party over the other.

Prime Contract Forms. This group consists of agreements between the Consultant engaged directly by an owner or other client entity other than another, higher-tier Consultant.

Prime Subcontract Forms. The agreement in this group is appropriate only for use by GBA Consultants in the role of prime when engaging another firm as subconsultant or laboratory. These agreements allocate risk asymmetrically to favor of the Consultant relative to the Subconsultant or Laboratory. Thus, GBA firms should not use any agreement from this group when they are in the role of Subconsultant or Laboratory Driller.

Symmetrical Subcontract Forms. The agreements in this last group do not re-allocate risk in favor of any party. Thus, these agreements are equally appropriate for GBA firms to use regardless of whether they are the prime Consultant, or the Subconsultant, Laboratory, or Driller engaged by the prime firm.

These contracts help you manage risk and are especially useful if your firm does not have in-house counsel.

A special thanks to Andrew Batson, Esq. (Sanborn Head & Associates) for his tireless efforts to update these documents and to GBA’s Legal Affairs Committee for their support.

Download Note: This item is downloadable. After completing the purchase of this item, click on “My Transactions and Product Downloads” to download this file.

Download GBA Model Contract Set: HERE

Geotechnical Business Committee

Bridge the Gap presents the recommendations developed by a Special Task Force formed by GBA to address the gap between the responsibilities of the geotechnical engineer of record (GER) and the geotechnical-specialty constructor (GSC). This document discusses the reasons for the gap; defines a model to help both geotechnical engineers and GSCs allocate responsibilities based on the delivery method being used on the project; and outlines recommendations for GSCs and geotechnical engineers to use in avoiding the gap. The paper encourages geotechnical engineers to evolve their scope of services when appropriate to collect the data needed for specialty design, prepare specialty designs, assist the Owner in selecting the GSC, and review the specialty construction.

This document was primarily authored by:

Richard D. Heckel, P.E., D.GE, Task Force Chair – GeoEngineers, Inc.

With significant support from:

• Michael J. Marasa, P.E., Keller North America
• James W. Martin, P.E., F.GBA – Wood PLC
• Steve Wendland, P.E., R.G., D.GE – GeoEngineers, Inc.

We would like to thank the other members of the task force for their valuable input toward the development of this report.

• Tom Armour, P.E., D.GE – DBM Contractors, Inc.
• Victor R. Donald, P.E. – Terracon Consultants, Inc.
• Chester J. Drash, P.E. – TTL, Inc.
• Mark K. Kramer, P.E., F.GBA – SME
• Robin M. Lim, P.E. – Geolabs, Inc.
• David E. Lourie, P.E., D.GE, F.GBA – Lourie Consultants
• Kimberly F. Morrison, P.E., R.G. – Newmont Mining Corporation
• Dominic Parmantier, P.E. – Condon⦁Johnson & Associates, Inc.
• Greg Simmons, P.E. – Menard Group USA
• Leanna S. Whitwell, P.E. – TTL, Inc.

Download Best Practices Bridge the Gap: HERE

Abundant Opportunities Provide Career of Growth

When I was three years old, whenever I went outside I would grab handfuls of dirt and eat it. My mother told my doctor about this odd habit, and the doctor told her not to worry about; it was not harmful. “You are what you eat”; I ate soil as a toddler and there began my career as a geoengineer.

As a child I learned the value of education and hard work from my parents. I grew up in a blue-collar family in the suburbs of Kansas City, Missouri. My father stopped going to school when he was just ten years old because his family needed him to work on their farm. I saw that his limited education curtailed his opportunities. I also saw both of my parents work hard to provide for our family. I learned to get a good education, work hard, and be self-reliant.

I was fortunate to have a high school math teacher guide me to a career in engineering. I earned a BS in Geological Engineering from Missouri University of Science & Technology. My involvement in the Sigma Chi Fraternity built my leadership skills and taught me the value of teamwork. I went to graduate school at the University of Texas – Austin, earning an MS in Geotechnical Engineering.

For 12 years I worked at Black & Veatch, a huge engineering and construction firm. I worked in their Power Division, which designed and constructed electrical generation plants and electrical transmission lines around the world. That job provided tremendous opportunities to learn from technical challenges on complex projects and to participate in the construction. I worked on projects in about 30 states and traveled to project sites in 14 other nations. My work at project sites around the world provided exceptionally enriching  opportunities to experience other cultures and international practices. My international travel took place before the internet was widely available or global cell phone connections; I was on my own to solve problems by working with local engineers, drillers, and contractors who often did not speak English. I learned that if I understood local cultures and learned some of their language, I could accomplish far more than if I just showed up and started giving orders. I was promoted to lead a group of 15 geotechnical engineers and geologists. However, I received no leadership or management training. Therefore, I was a poor leader in that first opportunity, but I learned much. At that time, my wife and I had two young children at home, and the frequent travel became too much of a burden; it was time for a new job.

In 1999 I joined GeoSystems Engineering, a Midwestern geotechnical consulting firm that was acquired by Kleinfelder in 2002. I was an Area Manager for Kleinfelder starting in 2002, leading their operations in the Kansas City area. The Area Manager role was a poor fit for me because of the focus on profits, sales, and personnel management; those are not my favorite interests. However, the ample training provided by Kleinfelder improved my leadership and business skills. In 2011, I transitioned to a technical leadership role. In 2014 I was promoted to be Kleinfelder’s Director of Geo-Engineering; I was responsible for company-wide technical expertise, quality of work, and reducing professional liability risks. That role was perfect for my interests and skills and I greatly enjoyed it. I became active in GBA in 2014. The loss prevention and quality-related resources from GBA helped me in my technical leadership role. Recently, I have accepted a position with GeoEngineers, and I look forward to this new chapter in my career.

Many times throughout my career someone would ask me, “What do you want to do in 5 or 10 years?” I never had a specific answer, but I knew that opportunities would arise if I improved my skills, worked hard, and kept a good attitude. I have worked especially hard to improve my writing and oral communication skills. I pass this advice on to young geoprofessionals:

• Make yourself a technical expert in two areas.
• Improve your communication skills.
• Work hard, that is not the same as working long hours.
• Maintain a good attitude so people will enjoy working with you.
• Teach those around you.

I believe these steps will lead to an abundance of opportunities in your career. For anyone interested in a technical leadership role, the resources available from GBA can be helpful in building those skills.

Outside of my work life I am blessed by a 31-year marriage to my wife Molly. We have two adult daughters, Kelsey and Paige, who have recently been engaged and married. Molly and I are enjoying life as empty nesters and whenever possible we pursue my great passion of travelling to interesting places. We are also committing more of our time to service in volunteer efforts. I also enjoy baseball, Kansas Jayhawk basketball, reading history, and exploring my faith.

Thank you for the opportunity to serve on the GBA Board of Directors. I look forward to continuing to grow the friendships I am building here while improving myself and the operations of my firm!

GBA Emerging Leaders Class

GBA has published over 100 case histories based on real-life events that have happened to geoprofessional firms. GBA Case Histories are unique because our members share real-life stories of problems that impacted their businesses. They also include the outcomes of corrective action, and lessons learned.

This episode in the series explores Case History #103. After three destroyed gauges and numerous other violations, a Member-Firm was facing civil penalties of up to $10,000 per violation and revocation of their license to own and/or operate nuclear gauges. They paid a $150,000 settlement but more importantly developed a compliance program hailed as “a model for the industry”. Learn from their mistakes and from their commitment to change their culture through immediate action to create, test, launch, and monitor sustainable, institutional controls to address the underlying causes of the violations, as well as specific regulatory compliance issues. Every Radiation Safety Officer (RSO) must hear this!

Listen to Podcast: HERE

Managing Project Risk Starts with an Honest Go/No-Go Evaluation

GBA Business Practice Committee

There are very good reasons why we would choose not to spend time and effort pursuing a client or a project. Some projects have technical risks that make them more likely to end up in a lawsuit. For some projects, the selection will be made on price, and we may be unable to make a reasonable profit with the fee required to get the work. Some projects may cause issues with existing clients or may have social implications that your staff may not support.

Recognizing these issues early on allows us to make an informed decision on whether we choose to pursue the project or not.

GBA’s Business Practices Committee has prepared a comprehensive, simple to use, Go/No-Go checklist for your use. The goal of the go/no go check list is to evaluate opportunities to see if they are the ones which will be beneficial for the firm currently and in the future. The completion of the check list is not meant to be arduous nor is it meant for every opportunity that comes to the firm as it gets you to think about risks you would not normally think about or glance over. It may be a tool you use to evaluate opportunities in new sectors, new clients, or a new line of service for your firm.

DOWNLOAD CHECKLIST : HERE 

Conference Program Committee

Are you a dynamic and engaging speaker with valuable content to share with industry leaders that can help improve their businesses and elevate the profession? Are you an experienced professional and an outstanding leader?

If you answered yes to any of the above then, the Geoprofessional Business Association invites you to submit an abstract for consideration for GBA’s Fall Conference scheduled for October 21-23, 2021 at the Westin Lake Las Vegas Resort in Henderson, Nevada.

Reuniting at this conference will bring us back to the basics of what GBA does best. We will focus on business & educational resources, specifically risk management and business performance optimization for geoprofessional firms.

Presentations by subject matter experts may include:

• Silver Linings
• Best Practices.
• Case Histories
• Emerging Issues

More Information: GBA Call for Abstracts Form Fall 2021

Emerging Leaders Class 4

Case Histories have been written and read for more than 30 years. Now, they are available as podcasts so you can download, listen, and learn from anywhere. Follow along as our narrator shares the highlights, engages with subject matter experts, and delivers the lessons learned to your headset.

Case History #108 “No Good Deed Goes Unpunished” is now available as a podcast.     

Lessons Learned:

• No Good Deed Goes Unpunished
• Prevent Recommendations from Becoming Requirements
• Do Not Unilaterally Deviate from the Scope of Services
• It Pays to Be Your Brother’s Keeper
• Documentation Can Be Your Best Defense
• Consider Limitation of Liability During Your Go/No-Go Analysis

Download Case History #108: HERE

Listen to Case History #108 Podcast: HERE

Welcome New Members
On behalf of the GBA Board of Directors and staff, we welcome the following members to our Association.

Alaska Testlab, LLC

Alaska Testlab celebrates over 55 years of construction  experience across the state of Alaska. Formed as a testing lab in 1962, Alaska Testlab expanded to include special inspection services during the 1980s. Alaska Testlab was purchased in 1973 by Dickenson and Oswald, the two founders of DOWL, a multidisciplinary consulting and engineering firm and since 1989, the two companies have operated as one company. In 2018, the two companies amicably separated, and Alaska Testlab was relaunched as a small, Veteran and woman-owned business.

Over the years, the mission has remained unchanged. Provide quality construction materials testing and inspection services in support of commercial construction projects working for owners, contractors, developers, and federal, state, and municipal government clients.

Learn More: Alaska Testlab | Reliable & State of The Art Services

CGC Geoservices, LLC

CGC Geoservices is an experienced geotechnical and environmental drilling and sampling firm. We are more than just a drilling company.

Our firm is led by engineers who know what other engineers need to get their jobs done right. Our managers have years of experience at what they do, have seen it all, and are ready to share that knowledge on your project.

Plus we do so much more than just drilling … check out our diverse service offerings to see how we can fill all of your field sampling and implementation needs!

Learn More: CGC Geoservices

Olsson, Inc.

We work to leave the world better than we found it.

We are Olsson, a nationally recognized, employee-owned engineering and design firm with a rich history of success.

Founded in 1956 on the very mindset that drives us today, we’re here to improve communities by making them more sustainable, better connected, and more efficient. Simply put, we work to leave the world better than we found it.

Our most important asset is our people, and we are dedicated to an environment where we continue to learn, grow, and thrive. This entrepreneurial spirit has made us successful and will keep us successful.

The result? Inspired people. Amazing designs. And projects with purpose. A win-win for all.

Learn More: Olsson

GBA Member Directory: HERE