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The ASCE San Francisco 575 Market St, Suite 400 | San Francisco, CA 94105 415-546-6546 | htpp://www.asce-sf.org November 2021, Volume 70, No. 11

THIS MONTH IN SACRAMENTO

Legislative Update by Richard Markuson, Region 9 Legislative Advocate Fall Recess Begins The Legislature recessed without some of the recent fanfare on September 10. They will return to Sacramento, tanned, rested, and ready on January 3, 2022, at 2:00 pm. State Legislation Following is the semi-final list of ASCE tracked bills. They are sorted by location – Chaptered, meaning the Governor has signed the bill and enrolled means they are awaiting his serious consideration. We’ll update this next month after Newsom has his final opinion on the more than 1,000 bills sent to him. For reference, the Assembly introduced 1,811 bills, and the Senate 965 (reflecting twice as many Assembly members) equates to 23 well thought out, exquisitely drafted statutory changes per member. Of those 2,776 bills, so far, 703 were chaptered, 396 are enrolled, and five were vetoed – which, if this trend continues, will represent one of the historically lowest veto ratio in modern history. READ MORE

THE LAW AND CIVIL ENGINEERING

There Are Terms in Your Contract That You Cannot See By Eugene Bass Written contracts are often very short stating essentially nothing more than the names of the parties, a brief description of the work to be performed and the price. Notwithstanding the brevity of some written contracts, or even the complete absence of any writing in the case of an oral contract, there are many terms and conditions that apply to the contractual relationship. These terms are the implied conditions of the contract. In general, all things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied in the contract. A contract is considered as including not just the terms that have been expressly stated but also those implied provisions indispensable to effectuate the intention of the parties. Some of the implied terms of construction contracts include the following. The contractor will perform his work in a good and workmanlike manner. There is always a duty to perform the work with reasonable care, skill, reasonable experience and faithfulness. There is an implied warranty that the plans and specifications provided for a project will be workable, correct and sufficient. When information is available to the owner of difficulties likely to be encountered on the job there is an implied condition in the contract that the owner will impart that knowledge, and disclose fully and not mislead the contractor as to conditions by only partial disclosures.  READ MORE This article is intended only to provide general information regarding legal issues. It is not to be relied upon for legal advice. Contact your attorney for advise and guidance on general and specific legal issues.

REGION 9 REPORTS

Region 9's Nominations Committee By Yazdan T. Emrani, P.E., ENV SP Chair, Nominating Committee Do you want to become a Region 9 Governor? This is a question that may or may not have crossed your mind. Some of you may be thinking what does a Region 9 Governor do? Some of you may be asking what does Region 9 do? Well, as the former Region 9 Governor representing the Los Angeles Section, and the current Chair of the Nominating Committee, I am hoping this brief article will answer at least some of your questions, so that you do think about opportunities to get involved with Region 9 at all levels, including becoming a Region 9 Governor. ASCE has 10 geographical regions. Each region is typically composed of several states, with Region 10 being ASCE’s international region. Unlike other ASCE regions, however, Region 9 is composed entirely of only the State of California. There are four sections within Region 9; these being Sacramento, San Francisco, Los Angeles, and San Diego. We are the largest membership region in North America in ASCE with over 17,000 members. Region 9 is governed by a seven-member Board of Governors. There is one governor representing each of the four sections within the region, plus two At-Large Governors, and a Director, who chairs the Board. In addition to the governors, the presidents of all four Region 9 Sections are also part of Region 9 Board. Region 9 also includes many committees, whom their chairs also participate in Board meetings. Some examples of these committees include Government Relations, Water and Environment, Transportation and Development , Infrastructure Policy Committee, and Nominating Committee, to name a few. READ MORE

NOMINATIONS ARE OPEN FOR REGION 9 GOVERNORS: SACRAMENTO SECTION (1) SAN FRANCISCO SECTION (1) ASCE Region 9 invites nominations for one Region 9 Governor from the Sacramento Section and one Region 9 Governor from the San Francisco Section for a three-year term beginning October 1, 2022. To be considered for this position, you must be a Society member in Good Standing and have an Address of Record within the Section being represented. It is encouraged that nominees also have prior service as a Branch, Section or Institute officer, member of a Section or Branch committee, or a member of a Society-level Committee with demonstrated leadership skills. These are elected positions under the election procedures and rules of ASCE. To apply for either one of these positions, submit the following documents by the deadline of December 1, 2021, to 1) Yazdan Emrani, P.E., Region 9 Nominating Committee Chair, at Yazemrani@gmail.com and 2) Patricia Jones, Managing Director, Executive and Board Operations, ASCE, at PJones@ASCE.org: A Letter of Intent to apply for this elected office Signed Governor Commitment document (contact Yaz Emrani for form) Biographical Statement, not to exceed 200 words Vision Statement, not to exceed 200 words Any endorsements Color headshot photograph Nominees will be requested to attend a virtual interview before the Region 9 Board of Governors on January 20, 2022, at a time to be set. For questions, please contact Yaz Emrani via email or at (949) 285-8483.

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