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Fall 2010 Featuring AGC NYS: Build New York AwArds GPS Machine Control Lasers Survey 3D-MC2 twice the accuracy, over any other 3D Machine Control Dozer Twice the speed, From lasers and survey instruments to GPS machine control, ADMAR delivers innovative, easy-to-use Topcon grade management products. GRS-1 Network Rover Receiver Compatible with all earth moving machines, Topcon products have ONE thing in common— complete job control to maximize YOUR productivity. ADMAR is the exclusive Authorized Topcon Master Dealer for New York State and offers state-wide service, training, warranty and technical support. www.admarsupply.com ALBANY BINGHAMTON BUFFALO ROCHESTER SYRACUSE WATERTOWN 878 Old Albany Shaker Rd. 449 Commerce Rd. 1394 Military Rd. 1950 Bri-Hen TL Rd. 6014 Drott Dr. 26470 US Rt. 11 Latham, NY 12110 Vestal, NY 13850 Buffalo, NY 14217 Rochester, NY 14623 E. Syracuse, NY 13057 Evans Mills, NY 13637 T: 518.690.0750 T: 607.798.0333 T: 716.873.8000 T: 585.272.9390 T: 315.433.5000 T: 315.629.0900 1 Sa ve th ed at es! AGC NYS 2011 Annual Winter Meeting January 30th - February 4th Westin Casuarina Resort, Cayman Islands and the AGC NYS 2010 Annual Construction Industr y AGC NYS CORNERSTONE Fall 2010 Conference December 7th -9th Saratoga Hilton, Saratoga Springs, New York Questions? Please call cathy at 518-456-1134. 2 On the Cover: AGC NYS Build New York Awards 2010 board of Directors Mark breslin, Chairman | Turner Construction Co. butch Marcelle, Vice Chairman | The fort Miller Co., Inc. Michael benson, Treasurer | bCI Construction, Inc. Paul Posillico, Secretary | Posillico Civil, inc. Mark Galasso, immediate Past Chairman | Lancaster development, inc. tom Barr | Barr & Barr, inc. TAble of CoNTeNTS Jeff diStefano | Harrison & Burrowes Bridge 5 | Message from the Presidentt: Constructors, Inc. Fall is Here: 2010 Updates and Awards Jeff Hanlon | Slate Hill Constructors, inc. Gary Hill | Union Concrete & Construction Corp. FeAtUReS Vincent Iannelli | Iannelli Construction Co. Inc. david Knauss | Lehigh Construction Group, inc. 7 | 2010 AGC NYS build New York Award Winners ted orr | the Pike Company 13 | 2010 AGC NYS build New York entrants John Peckham | Peckham Materials Corp. Christina Schneider | Purcell Construction Corp. 20 | 2010 Legislative Review: New Laws & AGC NYS Priorities 37 | 2010 AGC NYS Scholarship Winners AGC NYS Staff Jeffrey Zogg, President CoLUMNS Rich Couch, tCP director of Advocacy Joe Hogan, VP, Building Services 17 | Spec Reviewer: design delegation - History, Background, Frances Holzhauer, Publications director Risks and State of the law in NYS Dennis Kiefer, Member Services Director 26 | engineering Matters: tech Jock - engineer - data entry: Karen laVare, Administrative Assistant What’s Up? Brendan Manning, education & environment director Karen Morrison, VP, transportation & 46 | Focus on Safety: oSHA’s Final Cranes and derricks Technical Services Rule Released Cathy Newell, VP, operations Carla Plankenhorn, Finance director 49 | Associate’s Corner: office BiM to trailer BiM: is Your Jim Redmond, Safety & Health Services director it infrastructure Ready? AGC NYS CORNERSTONE Summer 2010 Steve Stallmer, VP, Government Relations & Public Affairs dave Zurlo, Letting Computer operator ASSoCiAtioN ANd iNdUStRY NeWS Frances Holzhauer, Publications director 10 Airline Drive, Suite 203 27 | Welcome, New Members! Albany, NY 12205-1025 24 | 2010 AGC NYS Annual Summer Meeting Phone: 518-456-1134 email@example.com 28 | Around the Industry 45 | AGC NYS Affinity Programs 50 | Advertisers Index 3 AGC NYS CORNERSTONE Fall 2010 4 MeSSAGe FRoM tHe PReSideNt Fall is Here: 2010 Updates and Awards T he Cornerstone has arrived, telling us it’s time to celebrate AGC NYS’s annual Build New York Awards program and excellence in New York’s construction industry – excellence in the building of New York’s build- ings, infrastructure and transportation projects and excellence in the work the AGC NYS members do on behalf of all your public and private clients. It re- minds us of the skill, integrity and responsibility by which all of you conduct that work and the safety under which you do that. Jeffery Zogg It’s also the time we can report on our legislative successes on your behalf in pro- moting our industry in New York State’s Legislature. How- ever, more and more we also must report the dysfunction of that body, especially when the voters go to the polls every two years and report their dissatisfaction with the results. Steve Stallmer goes to great lengths to tell the members of our efforts in 2010 in this issue’s, “Legislative Update.” Fortunately, AGC NYS has had some success this year. Unfortunately, our larger world cannot say the same, es- pecially in the fiscal mess we now find ourselves in on a state and national basis. On another note, new this year is the introduction of our our modernized and updated website – www.agcnys. org. We urge everyone to take a look and begin to fa- miliarize yourselves with all it has to offer. Our goal is to make sure it is a current, easy to use and relevant communications vehicle. The website has a Public Section and a Member’s Section. Entrance by password to the Member’s Section is required. If you do not have a password or your firm wishes to update its password please call 518-456-1134. New this year is The Association has also taken this opportunity to produce a new online Mem- the introduction bership Directory. This will allow us to have a current, accurate and useful direc- AGC NYS CORNERSTONE Fall 2010 tory for all to use. Accuracy in the directory is important. of our modernized and updated Finally, this new website allows us to provide the members with easy access website - www. to the many products and services of the Association and to allow meeting and program registration opportunities. It also provides another important access to agcnys.org. We the AGC of America’s website, www.agc.org, with its many important sources urge everyone of information and products. to take a look Much credit goes to the staff who for all their hard work creating and assembling and begin to this new website. The AGC NYS is an information intensive association. A familiarize good website is a key element to communicating with the members and New yourselves with York’s construction industry. all it has to offer. 5 FeAtURe StoRY The 2010 build New York Jury The 2010 T Build New York he winners of the 2010 Build New York Awards were chosen by a twelve-member jury, who re- viewed the entries for excellence in project management, responsiveness Awards to client needs, innovation in con- struction techniques, the conquering of unique circumstances, exceptional service to the industry and the work- ers engaged on the work, excellence in project safety, and important con- tributions to the community. by brendan Manning The jury was made up of representa- I n 1990 the GBC started its Build New York Awards program tives of last year’s winning compa- in an effort to portray the positive impact of the construction nies, AGC NYS Associate Members, industry in New York State, and to enhance the reputation of its and other industry experts. They general contractor and construction manager members. included Jury Chairman Richard Schneider (Northeast Construction The awards emphasize the construction team, not only the general Services, a LeChase Company), An- contractor or construction manager but also the many others – the thony Acerra (Skanska USA Build- owner, architect, engineer, subcontractors, suppliers and craftspeo- ing), Ron Bagoly (CSArch), Kelly ple – who contribute to the success of a project. Lynn Benz (BBL Construction Ser- Since 1990, the Build New York Award winners have symbolized vices, LLC), Craig Dailey (King & the best of construction projects in the state. Winning projects have King Architects), Lonnie Dorsey been large and small, new and renovations, public and private. (Sheats & Associates, P.C.), Mark Hospitals, schools, hotels, parking garages, bridges, sports arenas, Galasso (Lancaster Development, office buildings, and many other types of structures have been win- Inc.), Keith Giles, PE, LS (GPI/ ners. Some projects are beautiful, others ordinary to the eye. But Greenman-Pedersen, Inc.), Bill they all have one thing in common – they presented challenges that Held (State University Construction were met successfully by the winning company and its team. Fund), Claude Rounds (RPI), Rob- ert Sack (NYS DOT), Carl Stewart We are proud in 2010 to honor five more firms for projects com- (Turner Construction). pleted in the preceding two years. Those selected by our twelve- member jury represent excellence in project management, respon- AGC NYS CORNERSTONE Fall 2010 siveness to client needs, innovation in construction techniques, the conquering of unique circumstances, exceptional service to the in- dustry and the workers engaged on the work, excellence in safety, and important contributions to the community. Each winner will be presented a triangular piece of Lake Placid blue granite, indigenous to New York, set on a sleek black pedes- tal, in recognition of the company’s efforts. Each construction team member will also be appropriately honored. The award is meant to symbolize a substantial and quality contribution by the contractor and its team to the client that will stand the test of time, just as will a piece of New York granite. 6 FeAtURe StoRY Award Winner: St. Cabrini Nursing Home I n 2006, Andron Construction Corpo- ration was hired by the St. Cabrini Nursing Home in Dobbs Ferry, New erations in progress and to preview those to come, with York to manage construction for an biographies of the 82,000 square foot 175-bed new addi- construction work- tion to their nursing care facility and ers. Residents were the renovation of the existing 148,000 fascinated by the 304-bed facility from double to single day-to-day progress rooms with all new mechanical sys- of the work. They tems, accessibility improvements, came to recognize sprinklers and fire alarms. and know workers. They felt a part of Before work began, the owner’s con- the amazing evolu- cern was the need to isolate the proj- tion of the site from bare ground to fin- ect from the patients. Andron saw the ished building. It became their project, opportunity to involve the patients in and they fully embraced it. the project. They used balconies and lounges in the existing building as ob- The design called for concrete founda- servation points for residents to view tions on piles driven to bedrock, and a the site. These locations were soon precast concrete superstructure. Con- full of eager “superintendents” who struction required 1,100 precast panels received a newsletter to explain the op- and 2,000 pieces of precast plank, fab- factory in Pennsylvania to the site in ricated off-site and delivered for erec- Westchester County, New York. Team members tion by crane. The panels arrived in exact sequence, The existing facility occupied a narrow along with 2,000 pieces of precast Construction Manager: shelf of flat land between a major street plank, so that the erector could lift them Andron Construction Corporation on the east and a steep slope down to one by one into place, each successive the Metro North commuter railroad piece fitting into the piece before, and Owner: tracks and the Hudson River on the then proceed around the structure piece St. Cabrini Nursing Home west. Parking and site access for staff by piece until completion. The erector and visitors was limited before the was the hero of the project. Due to the Architect: project began and needed to be main- slope on the west side where the new Landow and Landow Architects tained along with additional access for addition went in, the erector had to staging and construction. plan his crane moves and pick loca- Project Engineers: tions with precision. Even the trucks Severud Associates (Structural) Andron retained an engineer to prepare had to arrive in exact sequence, due to Simon Rodkin PC (MEP) 385 three-dimensional shop drawings, the limited space. so that the project team could con- firm that the precast members would AGC NYS CORNERSTONE Fall 2010 Contributing Team Members: Andron had to overcome a number of J&R Slaw – Precast Fabricator fit when installed. This was critical. challenges throughout the project. The Carwin Construction – Erector There was no practical means to alter management of the site was the great- D&J Concrete – Concrete the panels once they were fabricated est physical challenge of the project C&B Plumbing – Plumbing and on-site. because it had to make it possible for Grundman Mechanical – HVAC staff/visitor access, parking, construc- The precast fabricator prepared three 8 Northeast Fire Protection, Inc. – tion access, staging, and precast erec- x 8 sample panels, to satisfy conformity Sprinkler tion could all take place in the same with the desired colors. The fabricator Ampul Electric – Electric limited space at the same time. then built 1,100 precast panels, stored Etre Associates, Ltd. – Sitework 300 at a time at the plant to assure suf- In the end, Andron’s team pulled to- Superior Consolidated Partitions, Inc. ficient quantity for erection, and began gether a great project that everyone – Carpentry/Drywall shipment by 275 truckloads from the could be proud of. continued on page 8 7 FeAtURe StoRY Award Winner: iKeA & erie Basin Park I n August of 2006, Aurora Contrac- tors was hired as the Construction Manager for the largest IKEA retail construction enterprise built in the United States. The project also in- cluded the construction of a commu- ongoing Ambrose Channel dredging nity park and waterfront esplanade on project and transporting to the site by a 48 acre site in the Red Hook section barge, they were able to avoid having of Brooklyn, New York on the former, over 5,000 deliveries of fill traveling abandoned site of a shipyard that was through the streets of Brooklyn. Au- in operation for over 100 years. rora also worked with subcontractors IKEA was designed and built to be a to have materials brought in by barge LEED Certified project; and is current- when feasible. This resulted in reduced ly under review for accreditation. This traffic and trucking for Red Hook and IKEA complex is the largest single the surrounding neighborhoods. Aurora retail-use site in the five boroughs of also suggested during the preconstruc- formed an abandoned Brownfield site tion phase that steel pipe piles could be New York. The project consisted of the into a thriving retail center and gor- following: replaced with timber piles by carefully geous waterfront esplanade and park. locating and installing them around • Construction of a 350,000 square IKEA held its grand opening on June known obstructions. This VE sugges- foot retail store 18, 2008, two months earlier than the tion resulted in hundreds of thousands IKEA’s projected opening date of Au- of dollars in savings for the owner. • Construction of a $2,800,000 Con gust 26, 2008. Edison block house The success of the IKEA project was Team members • Decommissioning and filling based in large by specific measures and an existing dry dock with over processes Aurora’s project manage- Construction Manager: 110,000 cubic yards of fill ment team implemented. Constructing Aurora Contractors, Inc. • $20,000,000 redevelopment of 22 a project of this size and uniqueness re- quired coordination of many trades and Owner: IKEA acres of upland property, including waterfront esplanade with exten- manpower and the utmost attention to detail. The complexity of completing Architect: sive landscaping nearly a mile of waterfront construc- Greenberg Farrow Architects • Construction of the 6 1/2 acre Erie tion that features a variety of methods Basin Waterfront Park provided its own challenges on the Project Engineers: IKEA project. That coupled with com- Barry Levin & Associates • Construction of a ferry/water taxi (Project Engineer) pliance and permitting from nine dif- AGC NYS CORNERSTONE Fall 2010 dock to service the site Vollmuth & Brush (Civil) ferent Federal, State and City agencies The new IKEA complex includes one made for quite an arduous task. story of on-grade parking below the re- LEED Consultant: One of the most successful innova- Southface Energy Institute tail store. The ancillary developments tions of the project was Aurora’s idea included demolishing numerous exist- to utilize the waterfront access to im- Contributing Team Members: ing buildings and their related systems, port fill and construction materials Joseph Koslow, VP Field Operations performing off-site road work, remov- via barge rather than using traditional -Aurora Contractors al and restoration of existing piers and trucking. The project included a re- Barney Reilly, Jr, Senior Project bulk heading that borders the site, and quirement to fill a 700 ft long X 112 Manager - Aurora Contractors restoring existing gantry cranes. ft wide X40 ft deep graving dock with Anthony Higgins, Project Manager - The project was a much needed boon more than 110,000 cubic yards of fill. Aurora Contractors for the neighborhood, and has trans- By obtaining the fill material from the 8 FeAtURe StoRY Award Winner: Walkway over the Hudson the top of the structure was to work out from the end of the bridge. Getting employees, equipment and materials to the work areas was extremely danger- ous; each move had to be meticulously planned ahead of time. The west approach to the bridge was constructed of three longitudinal truss- es and girder sections supported by steel bents. Crane mats had to be “leap- frogged” to progress a hydraulic truck crane and work crew across the bridge Team members to perform steel repairs and member replacements to the longitudinal truss- Construction Manager: es and steel bents. Harrison & Burrowes Bridge A 110 ton lattice boom crane followed Constructors Inc. behind placing precast concrete floor panels transversely across the top of Owner: the trusses and girders. Line and grade Walkway Over the Hudson of the slabs had to be continually mon- n 1998 a non-profit group called I Walkway over the Hudson decided to purchase the 121 year-old Pough- Engineers: Bergmann Associates, itored since the structure, due to age and time, had shifted and had no true horizontal line. This was done with la- Peter Melewski, P.E. keepsie-Highland Railroad Bridge ser levels, GPS equipment and leveling with the hopes of one day restoring it bolts that were cast into the four cor- Contributing Team Members: for public use. The historic 3,100 foot ners of each precast panel for adjust- EMI Guide Rail. LLC long bridge which sits 200ft above the ment. The Fort Miller Company Hudson River and 64 miles north of Rommel Fence Co. A working relationship between Fort New York City was closed to railroad Miller (the precaster) and Harrison & traffic in 1974 due to fire. The rehabilitation involved the re- Burrowes was critical to the schedule. With the help of a $2.1 million dona- placement of over 100 tons of structur- Constant communication was essential tion from the Dyson Foundation in al steel, installation of new expansion to insure the precast slab fabrication 2007, inspections were conducted on joints, replacement of pin connections kept up with installation schedule and the bridge to see if it was safe to use in truss members and the placement of field conditions. From the preliminary as a pedestrian walkway. AGC mem- over 970 precast concrete panels (man- survey data gathering process to re- ber Bergmann Associates was hired to ufactured by AGC member The Fort placing steel members on the bottom conduct extensive structural inspec- Miller Company), that weighed be- chords of the trusses, safety and plan- tions. The main span, which consisted tween 15 and 18 tons. Additional work ning was paramount. The entire project AGC NYS CORNERSTONE Fall 2010 of seven trusses supported on steel included the installation of 13,500 feet was completed without any lost time towers and concrete piers, plus four of bridge rail and 2,000 feet of fence. accidents or incidents. steel towers on concrete and masonry Approach work on either end of the bridge included creation of ornamental The Walkway Over the Hudson Pedes- piers, was in surprisingly good shape gates at each entry, concrete approach trian Bridge was deserving of an AGC for its age. slabs, steel kiosks, paved parking lots NYS Build New York Award based After a prequalification process, Har- and walking trails, a retention pond on the complexity of the project, the rison & Burrowes Bridge Constructors and a landscaped rain media. compressed schedule with a comple- of Glenmont, New York won the gen- tion date that could not be extended eral contract to transform the bridge Access was the biggest challenge of because of a celebration of the 400th into a pedestrian walkway and bike the project. With the old rails and tim- anniversary of Henry Hudson’s sailing trail. ber ties removed, the only access to up the River. 9 continued on page 10 FeAtURe StoRY Award Winner: RPi West Hall T he need to repair West Hall, ac- quired by RPI in 1953, was ap- parent. The 1869 former Troy Hospital maintaining the annual allocated funds. Challenges of this unique and 1922 Catholic Central High School restoration included the had fallen into sever disrepair. The pre- lighting, windows and vious commitments of funds for West the site work. Most of the Hall were barely enough to maintain remaining exterior deco- the operation of this dilapidated U.S. rative lighting was dete- National Historic Registered Building riorated beyond repair, - a notable example of Second Empire but after much research, Architecture by Architect Marcus F. original light fixture Cummings. molds were found in an A 1989 architectural report indicated Ohio foundry. With some the buildings ornate mansard system modern integration, iden- would fail by early 2000 and large por- tions of the rotting facade could fail at any moment. Temporary protection was placed around the building to pro- tect campus population and in 2004, nal grandeur. A registered historic armed with a $150,000 Campus Heri- landmark with subtle modernization, tage Initiative Grant, RPI assembled a it recently received the NYS Preserva- team for a significant restoration. tion Leagues 2010 Award for Project tical replacement lights now include Over the next five years West Hall un- Excellence recognizing meaningful ac- compact fluorescent bulbs and poly- complishments in the field of historic derwent a dynamic revitalization with carbonate lamps. In harmony with the preservation. the guidance of architect John G. Waite lighting and to maintain the same fea- Associates, RPI, engineers Ryan-Biggs tures of West Hall from over 100 years Team members and construction managers Sweet ago the windows had to be saved. In Constructors, a division of The VMJR the end the top floor mansard windows Construction Manager/General Companies. The team was immedi- Contractor: has to be replaced but the remaining ately challenged by site accessibility, VMJR Companies, LLC 200 plus wood units were completely decaying wood, failing metals, deterio- Sweet Constructors restored. rated masonry, budget constraints, and a 100% occupied building. West Hall sits on a steeply sloping clay Owner: Rensselaer Polytechnic site with many underground utilities of Institute The process of fund allocation while unknown origin. Working closely with addressing priorities was at best a diffi- site engineers, Clough Harbor Associ- Architect: cult one. Windows were rotted and had ates site design changed almost daily. A John G. Waite Associates, AGC NYS CORNERSTONE Fall 2010 not seen paint in 50 years, the chimney variety of large retaining walls created Architects PLLC structures were decaying and various flat areas to accommodate future lifts interior walls showed signs of distress. and maintenance equipment. Utilities Frequent meetings over five years gave Engineers: including water, steam, electrical, com- Ryan-Biggs Associates the team the opportunity to customize munications and storm systems were (Structural & Façade) schedules and phase for the various reworked and updated as necessary. CHA, Inc.(Site) building components (windows, roof- Sprinkler systems, low maintenance ing, doors, limestone replacement, landscaping and an in-ground radiant Contributing Team Members: brick repainting, cast iron railing and snowmelt system were created. Thatcher Brook Millwork & Door fence, site work, foundations, utilities, etc). The challenge was to prioritize the After five years of intensive efforts Monahan & Loughlin necessary repairs and schedule them by the project team this 140 year-old KMI Roofing within the allotted time frame while building has been restored to its origi- Frank J. Ryan & Sons Painting 10 NS Associates FeAtURe StoRY Award Winner: Rit University Services Center ate Studies, Student Employment and Sponsored Research. One of the biggest changes that the project team made was the progres- sion from a LEED Silver to a LEED Platinum certification by the United States Green Building Council’s (US- GBC) LEED v2.2 standards. Welliver McGuire was able to secure many ad- ditional LEED points during construc- tion to achieve the highest sustainabil- ity level. More remarkably, the team was able to do this and come in $1.5 million under budget. They were even asked to evaluate, at the end of the project, the viability of incorporating W elliver McGuire Inc. and the Roch- ester Institute of Technol- additional onsite renewable energy in the form of solar photovoltaic panels. ogy (RIT) partnered in Although this was not included in the 2009 on the University project requirements and requested at Services Center building the end of the project, the team’s in- project – a 53,000 square- vestment in their achievement and the foot administrative ser- extra allowance in the budget allowed vices and student work them to facilitate that request. center. This was a design/ build project - Welliver Team members McGuire partnered with renewable resource). Additional class- Construction Manager: architectural firm Chaintreuil, Jensen, room spaces include video walls, white Construction Manager: Stark Architects, LLP (CJS) of Roch- boards, and cable and wireless internet Welliver-McGuire, Inc. ester for the entirety of the project. access. The project team had to combine three Owner: Connecting the two buildings is a four- dissimilar environments administrative Rochester Institute of Technology star lobby with Venetian plaster and and business offices, student services stonework finishes, as well as a woven and an Innovation Center. This was Architects: bamboo wall, high-end furnishings and achieved by creating a circular Center Chaintreuil, Jensen, Stark a 14-foot water wall with the “RIT” for Student Innovation (CSI), a trans- Architects, LLP - Design/Build moniker set in the background. The parent area that was multifunctional Partner lobby was modeled after a request by AGC NYS CORNERSTONE Fall 2010 and provided opportunities for collab- Bergmann Associates –Lobby the Dean to provide a “Four Seasons” oration, imagination and communica- Design hotel lobby style. Bergmann Associ- tion - with the rest of the building pro- ates of Rochester designed this award- viding business and financial services Engineers: winning lobby. to students and offices for faculty and IBC Engineering – Dan Fox staff. The CSI has a clear span of 112 The additional 43,000 square-foot, Erdman Anthony & Associates, Inc– feet and provides the campus with a three-story building houses the Busi- Martin Willix column-free, 10,000 square-foot flex- ness Office, student services and Uni- ible. The Center is open 24 hours a day, versity administration. A number of Contributing Team Members: seven days a week, and features mov- RIT departments that have relocated Sustainable Performance Consulting, able tables and furnishings made from include Development, Government and Inc.- Tammy Schickler, LEED AP recycled content or bamboo (a rapidly Community Relations, dean of Gradu- 11 AGC NYS CORNERSTONE Fall 2010 12 FeAtURe StoRY 2010 Build New York Entrants 1 1) amCC Corp and its team successfully completed the Brook- lyn College West Quad Center in the fall of 2009. It was the first building to be constructed at Brooklyn College since the 1970’s. The new building houses an 11,700 sqft competition gym, three racquet- ball/squash courts, a two-court practice gym, two weight and fitness rooms and a 3,400 sqft dance studio. 2 2) aurora ConTraCTors InC. and its team completed this 805,000 sqft lifestyle center called The Arches that combined retail, an IMAX movie theater, ice skating rink, water fountains, concerts and restaurants. It is also the largest LEED Certified Project in Long Island. 3) The hayner hoyT CorporaTIon and its Design/Build team completed the 54,000 sqft Carmelo K. Anthony Bas- ketball Center for Syracuse University in October 2009. It’s the first facility in the NCAA to include two full court practice areas, along with cutting edge training rooms, 3 meeting areas and staff offices. 4) The hayner hoyT CorporaTIon and its team built the University Village Apartments in Syracuse, New York for EDR Syracuse LLC. The University Village Apartments, located on Syracuse Universi- ty’s South campus near Manley Field House, involved the construc- tion of five three-story apartment buildings and a clubhouse. All five apartment buildings are LEED Gold Certified; the first multi- residential buildings in Central NY to be certified LEED Gold. 4 5) e.W. hoWell Co., llC was hired in June of 2008 as the construction manager for the restoration of the his- torical Century Association in New York City. The ten month renovation/addition included a 5000 sqft rooftop addition with all new utilities, infrastructure and custom finishes. 6) e.W. hoWell provided lump-sum general construc- tion services to complete the addition and renovation 6 AGC NYS CORNERSTONE Fall 2010 5 of the Sephardic Commu- nity Center in September of 2009. The project consisted of a new 50,000 sqft addition and renovation of the exist- ing facility. The new facility houses two full sizes gyms with 12 basketball courts, an auditorium, a swimming pool, four fitness exercise rooms and much more. continued on page 14 13 FeAtURe StoRY Build New York Awards Entrants (continued from page 13) 7 7) u.W. marx and its team completed the Clarkson University Quad Additions and Renova- tions project in August of 2009. The Clarkson Quad project consisted of a 29,000 sqft new addition on top of four existing three story structures and the renovation of approximately 93,000 sqft of existing structure to provide 84 new beds to Clarkson’s freshman students. The project was completed in 111 days. 8 8) mCKIssaCK & mCKIssaCK provided con- struction management services for the reloca- tion of the Long Island Rail Roads VD yard. The 9 project consisted of relocation of the yard from the west portion if the area bounded by Atlantic Ave, 5th Ave, Pacific Ave and Vanderbilt Ave to the east. It also included the demolition of the Carlton Ave Bridge to allow for necessary track alignments. 9) meyer ConTraCTIng CorporaTIon and its team worked on the additions and renovations of the Adriance Memorial Library in Poughkeepsie, New York from No- vember 2007-October 2009. The project consisted of historic renovations to 9413 10 sqft of the 100 year-old existing library, including custom wood work, custom plastering, custom molds to match the detailed ceiling and a new four-level 32,583 sqft, state-of-the-art addition. 10) mlb ConsTruCTIon servICes and its team finished the Arthur Zankel Music Center in the win- ter of 2010 for Skidmore College. This state-of-the-art LEED Silver certified music and performing arts center serves as the gateway building for the college and boasts 54,000 sqft of teaching, practice, performance, and administrative space. It has become the new hub of musical activity of the Skid- more campus. 11 11) monadnoCK ConsTruCTIon was hired as the construction manager to construct The Harrison Condominium in Manhattan’s Upper West Side in 2006. The Harrison is a 327,000 sqft, high-end residential, LEED Silver-certified apartment building constructed on a podium over retail space and a lower-level parking garage. After numerous challenges, in- cluding unearthing unregistered gas tanks with contaminated fuel, the 12 13 Monadnock team presented the owner with an on-time project in September 2009. 12) The pIKe Company and its team completed the JPMorgan Chase Technology Center at Syracuse University’s Lyman Hall in September 2009. The project was the renovation of a historic building into a state-of-the-art workplace that will be used as an on-campus facility where students and faculty will work side-by- side with bank employees conducting research and running global technology operations. 14 13) sTreeTer assoCIaTes InC renovation of the Powers Theater, the Clemens Center has helped revitalize Elmira, New York. The restoration of the theater to its original 1920’s splendor was no easy feat. Two floods, white paint and nicotine staining made it difficult to restore the site. After extensive research and physical investigation, Streeter and its team recreated the historic look and feel of this original vaudeville and silent film house. 14) l.C WhITford and its team completed the New York State Region 4 Bridge Mainte- nance Job Order Contract to repair bridges in a seven county region in December 2009. The team project consisted of bearing replacements, concrete repairs, steel repairs, and a bridge 14 deck overlay with a membrane treatment. Think you know what’s below? Think again. Call or click before you dig. CONGRATULATES Make sure underground utilities are marked to Welliver McGuire Inc. prevent damage, service interruption and injuries. Did you know that 35% of all excavation damage Proud Partners for in the U.S. is caused by people not calling before ROCHESTER INSTITUTE OF TECHNOLOGY they dig? By law, excavators and contractors working in New York City and Long Island are required to UNIVERSITY SERVICES CENTER contact DigNet by phone, 1-800-272-4480 or 811, or online at least 48 hours before starting any 2010 AGC Build New York Award mechanized digging. If working outside the five boroughs or Long Island, IBC ENGINEERING P.C. 3445 Winton Place, Suite 219, Rochester NY 14623 | 585.292.1590 contact Dig Safely New York. 2495 Main Street, Suite 318, Buffalo NY 14214 | 716.836.2315 www.DigNetNYCLI.com Excavator_4.5x4.875.indd 1 3/12/10 1:56 AGC NYS CORNERSTONE Fall 2010 15 SPeC ReVieWeR Design Delegation: History, background, Risks and State of the law in NYS G enerally,The practice of design being delegated to or through a con- tractor has become all too common in contract documents of late and it is likely that many do not appreciate the history, risks or rules sur- Joe Hogan, C.d.t. rounding this practice. It is appropriate here to provide some of the back- ground and, more importantly, the rules today within which this practice must operate to protect the public and the contractors involved. hIsTory and baCKground In 1981, two suspended walkways in the Kansas City Hyatt Regency collapsed, killing 114 and injuring 185. The proximate cause of the disaster traced back to shop drawings for the supporting rods. In the court case that ensued, the de- signer of record attempted to defend his position by suggesting that he did not actually “approve” the shop drawings submitted by the subcontractor. Rather, he used a stamp that said something to the effect that the shop drawings are only reviewed for general conformance to the design concept. The judge, terming such terminology as “weasel words” didn’t buy that argument and the designer ultimately lost his license to practice. The response from the design community came in the late 80’s with a book entitled, “Quality in the Constructed Project.” That book recommended that contractors and subcontractors be required to secure the services of a profes- sional engineer to provide his professional seal on the shop drawings. By doing so, it was believed, that the designer of record would be shielded from liability and responsibility. The liability and responsibility would be foisted onto the shoulders of the contractor and subcontractor. As the practice gained steam, the industry began seeing more and more de- sign requirements passed to the contractor. The most common was related to structural steel and steel connections. With grave concern about uninsurable liability and the potential for being charged with a Class E felony for illegal practice, GBC (predecessor to the Building Division of AGC NYS) along with the subcontractors complained to the Office of the Professions in the NYS Ed- ucation Department. In late 1989, Deputy Commissioner for the Professions Henry Fernandez issued an edict stating that design may not be delegated to or through a contractor. The practice of design delegation, it was stated, was a violation of the licensing laws of NYS and the rules of professional practice. Victory! Or so we thought. The design community countered and Henry 16 Fernandez was replaced as the project.” Attempts to Deputy Commissioner. In define the term “ancillary” his place, Johanna Duncan- In 1996, after a great deal of discussion have yielded little except Poitier and Frank Munoz at- and debate, the New York State board of “we’ll know it when we tempted to salve the concerns Regents issued a ruling on the matter of see it.” In response to the of the design community question from the Educa- which were made reportedly design delegation in the form of modifications tion Department, AIA wrote worse by some New York to Section 29.3 of the Rules of board of a list of 26 items that could City developers seeking re- Regents. While we would have preferred be delegated – including the funds from designers they entire electrical and HVAC believed had not provided that they outlaw the practice, the five basic systems; ACEC effectively the service they had been tenets of the new rules, if followed, should wrote that it depends (de- contracted for. Immediately limit the amount and impact of delegated pends on what?). They used the “Fernandez” edict was the example of a water tow- withdrawn and there ensued design. er. If the water tower was meetings and discussions the project, then its design The regenTs rule limit the amount of design to among the industry leaders, could not be delegated. If, In 1996, after a great deal of be delegated. Owners have including GBC, to try and on the other hand, that same a significant interest in this find common ground. discussion and debate, the water tower were merely New York State Board of matter. Besides the ques- Those meetings were con- part of an overall complex, Regents issued a ruling on tion of what they have paid tentious, at best. While this it is ancillary and can be the matter of design delega- for, there are the more seri- may be hard for some to be- delegated. GBC (and now ous questions surrounding tion in the form of modifica- AGC NYS) and ESSA have lieve, AGC NYS CEO Jeff who the designer is (owners tions to Section 29.3 of the a different view. Our view Zogg had to be physically have little to no knowledge Rules of Board of Regents. is that if the failure of that restrained at one particu- or choice here) and whether While we would have pre- design would impact the lar meeting. It seems that there is sufficient insurance ferred that they outlaw the life, health and safety of the the President of the AIA in protection. As former GBC practice, the five basic te- public, it is not ancillary and NYS at the time had made Counsel Verne O’Dell liked nets of the new rules, if cannot be delegated. some very derogatory com- to say – “An owner won’t followed, should limit the ments about general con- know whether it’s Bozo All Parameters: Article amount and impact of del- the Clown with the funny tractors. In defending the (2)(b) requires the designer egated design. For the con- shoes, hair and nose, sim- honor of the membership, of record for the project to tractor, working knowledge ply stamping drawings from the argument became heat- specify in writing “all pa- of those rules may well ed. As Zogg was beginning the corner of his basement.” rameters which the design serve to protect against un- We would recommend to to launch himself over the must satisfy.” This is a necessary liability. owners that where design table toward the AIA Presi- critical point. If a failure dent, Dave Rubin of Sano- Owner Notification: Arti- delegation is indicated, they should occur, there must be Rubin and Mike Misenhim- cle (1) states that any pass- should consider, at the least, a clear line of demarcation. AGC NYS CORNERSTONE Fall 2010 er of ESSA (Empire State ing off of design respon- a requirement for E&O Cov- Was the cause of the failure Subcontractors), who had sibility must be done with erage. Whether the owner inadequate or erroneous pa- been sitting on either side full knowledge of the client. requires it or not, contrac- rameters provided by the de- of Zogg, had to physically In our view, this should be tors should consider that in signer of record or a failure pull him back into his seat through a formal notifica- their subcontract language. to comply with the provided and guard against any fur- tion as opposed to the view Ancillary Components: parameters by the secondary ther eruptions. Misenhimer that the owner would see Article (2)(a) states that the designer? In other words, would later quip that Zogg’s it simply by reviewing the ability to foist off design re- contractors should not find mild-mannered persona was design documents. Owner quirements is to be limited themselves in the risky po- merely a guise similar to notification is critical in our to “components ancillary sition of determining what that of Clark Kent. view in that it will serve to to the main components of the design parameters are, continued on page 18 17 SPeC ReVieWeR Spec Reviewer (continued from page 17) or should, be. and can be integrated into The next item of concern tors was split. In one case Certification: Article (2) such design.” Said another was relative to insurance a daughter voted with New (c) requires that the second- way, No Weasel Words! and whether contractors and York against endorsement ary designer hired by the subcontractors could pur- while her father voted for contractor sign and certify chase insurance where the endorsement. nexT sTeps carrier would respond to a the design work provided. In the end, we would have By later definition found in Our next steps in this were vicarious design liability to wait another ten years for Article (3) it is determined critical. While we recog- claim. As it happened, the AGC to withhold endorse- that a professional seal is nized that the Education 1997 edition of A201 was in ment. However, the public- not necessary for said cer- Department governed the the works at that time and the ity surrounding the matter tification. practice of the professions, AGC representatives were went a long way toward the Approval: Article (2)(e) re- we still had great concern hard at work effectively insurance industry respond- quires that whatever is sub- about a Class E Felony codifying the Regents Rule ing to what they now real- mitted by the secondary de- charge or, more likely, a 3rd relative to design delegation ized was a need. signer must be reviewed and party claim related to faulty in the document. Given that As I recount this history, I approved by the designer of design. We, along with the issue (partly because we am struck by the machina- record. That approval must subcontractors, believed were in Court over the Re- tions in which associations be in writing with a state- that we needed the impri- gents Rule) and other issues like AGC NYS engage in ment that the design pro- matur of approval from the in A201, we led a charge for service of its membership. vided is in “conformance courts before we could have the AGC of America, for with the established speci- comfort. We decided, there- the first time, to refuse en- In the next issue, I will ex- fications and standards.” In fore, to challenge the valid- dorsement of the AIA form plore the history and juxta- additions, Article (2)(f) re- ity of the Regents Rule and, of General Conditions. The position between this issue quires a written document in due course, we lost. We very public debate ensued and Design/Build. from the designer of record had higher authority on the within the AGC of America Joseph P. Hogan, CDT, is that the design “conforms matter. There was one more family. The final vote of the Vice President - Building to the overall project design item. the AGC Board of Direc- Services of the AGC NYS. AGC NYS CORNERSTONE Fall 2010 18 AGC NYS CORNERSTONE Fall 2010 19 LeGiSLAtiVe UPdAte Legislative I t was another turbulent year at the State Capitol in 2010, as a nearly $10 billion state deficit, election-year politicking, and a fractured State Senate dominated the headlines. In the end, the lame-duck Governor and the Legislature com- pleted the Fiscal Year 2010-2011 budget 125 days past the April first deadline – only one week shy of the latest budget ever. The construction industry got unexpectedly caught in the middle of these tense budget negotiations. Governor Paterson unilaterally decided not to pay contrac- tors on state projects, using us as leverage with the Senate and Assembly. His political ploy was an attempt to force his counterparts to capitulate to his spending reductions. Steve Stallmer Of course, AGC NYS and our partners in the construction industry did not sit idly by. We filed an Article 78 proceeding against the Department of Transportation and pursued legislative remedies that would affect all contracting agencies. We this report is intended employed a variety of advocacy methods to garner public support for our cause, to educate AGC including activating a base of grassroots supporters through social networking members on our websites and aggressive paid media advertising. legislative activities to With the help of a professional public relations firm, we issued weekly press re- date, inform contractors leases, conducted dozens of radio and television interviews, and wrote numerous letters to the editor and opinion pieces. All of these efforts are documented on our on the status of bills advocacy website: www.NYBridgesAreFallingDown.com that have a direct In addition to the managing these advocacy efforts, AGC NYS staff and consultants impact on them, and continued our traditional lobbying and political activities on a variety of issues af- increase awareness fecting your businesses. We were able to amend or block hundreds of anti-business of how the political bills and pass some legislation to provide for a more equitable contracting process. process can affect your This report is intended to educate AGC NYS members on our legislative activities business. to date, inform contractors on the status of bills that have a direct impact on them, and increase awareness of how the political process can affect your business. Over 400 pieces of legislation were listed on our tracking report this session, dealing with environmental issues (green building or hazardous materials); funding or payment concerns; MWBE changes; prevailing wage expansions; safe- ty; and vendor responsibility. Fortunately, only one major piece of legislation was signed into law over our objections. The following pages describe the new laws that will af- fect contractors and those that we lobbied for on your behalf. For a complete summary of all the oner- ous, restrictive and unnecessary bills that we suc- cessfully defeated, please visit our website at: www.agcnys/legislative. If you have any questions on these bills, or would like additional information, please do not hesitate to contact me at the AGC NYS office or via email at: firstname.lastname@example.org Steve Stallmer is the Vice President of Government & Pub- lic Affairs for AGC NYS. 20 LeGiSLAtiVe UPdAte Review for 2010 AGC of New York Annual Report 2008 new laws S.5847-F (Onorato) / A.8237-D (John) “The New York State Construction Industry Fair Play Act” A mending this legislation became AGC NYS’ top leg- islative priority in 2010. Introduced at the request of the carpenter’s union, the bill seeks to eliminate the mis- classification of employees as independent contractors on construction projects. AGC NYS staff and consultants met daily with the bill sponsors, other influential Senators and Assembly members, the Governor’s top counsels, industry representatives and organized labor to fashion a workable compromise. When the final version made it to the Senate and Assembly A determination of whether the person may be considered a floor for votes, AGC NYS staff received dozens of phone “separate business entity” and exempt from the ABC test is calls from legislators asking if our concerns had been ad- determined by applying a different 12 point test. dressed. Only after we informed these lawmakers that we The Act provides that “[a] business entity . . . shall only be had no objections and issued a one-line Memorandum to that considered a separate business entity from the contractor” if affect, did the bill pass. We did not celebrate its passage, but it meets all of the following requirements: we withdrew our opposition because the bill represents the best compromise we could reach and it upholds our credibil- (i) the business entity is performing the service free from the ity and clout with members of both political parties. direction or control over the means and manner of providing the service, subject only to the right of the contractor for Specifically, the Act: Establishes a presumption that con- whom the service is provided to specify the desired result; struction workers are to be classified as employees for tax purposes, rather than classified as independent contractors. (ii) the business entity is not subject to cancellation or de- This presumption may be overcome if the worker meets one struction simply by ending its relationship with the contrac- of two tests. tor; The “abC TesT” and rebuTTIng The (iii) the business entity has a substantial investment of capi- employmenT presumpTIon tal in the business entity beyond ordinary tools and equip- AGC NYS CORNERSTONE Fall 2010 ment and a personal vehicle; Any person who provides services for a business entity engaged in construction, and is not considered a “separate (iv) the business entity owns the capital goods, gains the business entity,” will be deemed an employee unless: profits, and bears the losses of the business entity; (A) the individual is free from control and direction in per- (v) the business entity makes its services available to the forming the job; general public or the business community on a continuing basis; (B) the services performed are outside of the worker’s usual course of business; and (vi) the business entity includes services rendered on a fed- eral income tax schedule as an independent business or pro- (C) the individual is customarily engaged in an indepen- fession; dently established trade, occupation, profession or business similar to the services to be performed. (vii) the business entity performs services for the contractor continued on page 22 21 LeGiSLAtiVe UPdAte 2010 Legislative Review (continued from page 21) under the business entity’s name; be subject to both civil and criminal penalties. A contractor will be considered to have acted “willfully” if the contractor (viii) when the services being provided require a license or “knew or should have known” that the conduct was prohib- permit, the business entity obtains and pays for the license or ited by the Act. permit in the business entity’s name; A contractor who willfully misclassifies employees may be (ix) the business entity furnishes the tools and equipment assessed a civil penalty of up to $2,500 per employee, for the necessary to provide the service; first violation. A contractor who subsequently violates the (x) if necessary, the business entity hires its own employees law again within a five year period shall be subject to a pen- without contractor approval, pays the employees without re- alty of up to $5,000 per misclassified employee. In addition, imbursement from the contractor and reports the employees’ a contractor who willfully violates any provision of the Act income to the internal revenue service; may be considered to have committed a misdemeanor and may be subject to imprisonment of up to 30 days and a fine (xi) the contractor or subcontractor does not represent the of up to $25,000. A repeat offender may be subject to a pris- business entity as an employee of the contractor or subcon- on sentence of up to 60 days and a fine of up to $50,000. tractor to its customers; and Where the violating contractor is a corporation, “any officer (xii) the business entity has the right to perform similar ser- of such corporation or shareholder who owns or controls at vices for other contractors and subcontractors on whatever least” 10 % of the stock, will also be deemed to have violated basis and whenever it chooses. the law if the officer or shareholder “knowingly permitted” If the entity meets all 12 requirements, it may be classified the corporation to willfully violate the Act. Moreover, of- as an independent contractor. Notably, however, the law ficers and shareholders who own or control at least 10 % of explains that an entity deemed a “separate business entity” the stock of a corporation that is convicted of a misdemeanor shall be treated as a contractor that must comply with all are debarred and ineligible to bid on or be awarded any pub- classification requirements when hiring its own workers. lic works contract with the state, any municipal corporation, public benefit corporation, public authority, or other public noTIfICaTIon oblIgaTIon body. Such debarment shall last for up to one year for a first A new notice, printed in English and Spanish, or other lan- time offense, and up to five years for a repeat violator. guages subsequently required by the Labor Commissioner, anTI-reTalIaTIon must be posted at all construction sites describing the respon- sibility of independent contractors to pay taxes, the rights of The Act expressly prohibits any employer or agent of an employees to workers’ compensation, unemployment ben- employer from firing or otherwise retaliating against any efits, minimum wage, overtime and other federal and state worker who seeks to exercise rights afforded to workers by workplace protections, the protection against retaliation, the the Act. Such protected activities include: penalties that can be imposed on a contractor who fails to properly classify workers, and information on how a worker (a) complaining or threatening to complain – either to an em- may make a complaint or inquiry regarding classification. ployer, co-worker, or some public body – that the employer violated the Act; By November 25, 2010 the text of this notice will be provid- ed by the Department of Labor and will be made available (b) commencing any proceeding pursuant to the Act; or AGC NYS CORNERSTONE Fall 2010 on the Department’s website for contractors to download (c) sharing information with or testifying before any public and post at the worksite. Failure to comply with this posting body that is conducting an investigation, hearing, or other requirement may result in a penalty of up to $1,500 for the inquiry, about the employer’s failure to comply with the Act, first violation, and up to $5,000 for a subsequent violation or any other law, rule or regulation. within a five year period. Contractors who engage in some form of prohibited retalia- vIolaTIons and penalTIes tion may be subject to the civil penalties described above, as Strict compliance with the Act is imperative, particularly well as a private cause of action by the aggrieved worker. because it provides for a variety of steep penalties for of- effeCTIve daTe fenders. Notably, contractors who willfully misclassify an individual who should have been deemed an employee shall This law takes effect on October 26, 2010. 22 LeGiSLAtiVe UPdAte agC oF nYs legislative Priorities: 2010 neW InTroduCTIons A.10215 (Reilly), to clarify when the claim process on School Construction Authority contracts starts. A denial would oc- 1. Diesel Retrofit: AGC NYS sought an extension of the cur when the contractor receives written notification, thus costly mandate that contractors equip trucks on state con- eliminating the confusion, and sometimes litigation, over tracts with the “best available retrofit technology.” We se- whether claims have been filed in a timely manner. This bill cured a provision in the enacted budget that forces the De- did not get reported out of the Education Committee. partment of Environmental Conservation to grant waivers for vehicles within 3 years of the end of their useful life. 5. Timely Notice of Prevailing Wage Violations: This bill 2. Alternative Delivery (CM at Risk / Design-Build): Leg- was originally drafted by the General Building Contrac- islation introduced by Transportation Committee Chairman tors several years ago to require that contractors be notified Dilan, S.8331, would allow all state agencies and authorities in writing of non-compliance or evasion of the prevailing to use alternative delivery methods on a project-by-project wage laws by subcontractors within one year of date of the basis. This bill was introduced at the very end of session and alleged underpayment. The new version, S.8120 (Adams) did not get reported out of Committee. and A.10838 (Zebrowski), was reported out of the Assembly Labor and Codes Committees but did not see Floor Action. lead efforTs To pass 6. Withholding of Contractor Payments on School Con- 3. Automated Enforcement (Cameras) of Construction struction Authority Contracts: S.7365-A (Squadron) and Work Zones: The Governor included language in his pro- A.10147-A (Brodsky) would eliminate the ability of sub- posed budget to allow for a limited number of speed-enforce- contractors to use their lien rights and have the School Con- ment cameras in construction work zones. Unfortunately, the struction Authority withhold any disputed payments. If the Assembly rejected this provision in the final budget deal. SCA withholds payments from the general contractor, then 4. Clarify Claims against a School District (3813 of Edu- the subcontractor can not file a lien. This legislation passed cation Law): AGC NYS drafted a bill, S. 5943 (Klein) and both houses and is expected to be signed into law. continued on page 25 AGC NYS CORNERSTONE Fall 2010 23 AGC NYS Contractor Members Can Save 22% off SAV E 22% Monthly Access Calling Plan fees. 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Svc. of 11.4% of interstate & int’l. telecom charges (varies quarterly), 7¢ Regulatory & 85¢ Administrative/line/mo., & others by area) are not taxes (details: 1.888.684.1888); gov’t. taxes & our surcharges could add 5% to 36% to your bill. Activation fee/line: up to $35 ($25 for secondary Family SharePlan lines w/2-yr. Agmts.). IMPORTANT CUSTOMER INFORMATION: Offer available only to National Purchasing Partners Member corporate lines. National Purchasing Partners Member corporate lines are subject to Member Agmt. Up to $175 early termination fee & other charges. Add’l. $20 device initiation fee may apply. Device capabilities: Add’l. charges & conditions apply. Offers & coverage, varying by service, not available everywhere. Accessory discounts are off retail price and cannot be combined with bundled offers or promotions. Bill credit applies to wireless usage charges on your monthly bill, will appear within 60 days and cannot be combined with other equipment or service promotions. While supplies last. Shipping charges may apply. Network details & coverage maps at verizonwireless.com. Limited time offers. © 2008 Verizon Wireless. 24 LeGiSLAtiVe UPdAte 2010 Legislative Review (continued from page 23) AGC NYS CORNERSTONE Fall 2010 25 eNGINeeRING MATTeRS Tech Jock - Engineer – Data Entry: What’s Up? I f I use the phrase, “you’ve come a long chines and ledger paper). But, we still need way baby” to describe the state of tech- the background training and experience to nological development in the construc- use the programs correctly – the results still tion industry, some of you will understand need to make sense! how many iterations of the computer I have The benefit resulting from the utilization actually seen – and some of you will have no of technology is realized in the increased clue as you had not yet been born when this Karen Morrison, Pe productivity of the workforce as well as the media phrase was coined. At any rate, dur- improved quality of the finished project. ing a recent seminar on software interoper- This is not breaking news. However, what ability in delivery of bridge data I overheard surprised me about the engineers’ conver- a couple of engineers talking. They were la- sation was the apparent desire to stay the menting that with the sophisticated software same rather than embracing the concept that now available, the need for them as engineers the software programmer has made the job has reduced to simple input of numbers – and so much more fun. Models can be gener- “anyone can do that.” It shocked me to think ated in three dimensions, detect conflicts, that they were so intimidated. I would argue show omissions, create quantity lists, pro- that the more accurate evaluation is that the duce typical sections and can automatically software allows us to actually be better build- make changes to all of those Models can be generated in three dimensions, detect conflicts, outputs upon a single entry show omissions, create quantity lists, produce typical sections by the user. Estimates can be completed in days instead of and can automatically make changes to all of those outputs upon weeks. Schedules can be out- a single entry by the user. estimates can be completed in days lined, changed, fleshed out, instead of weeks. Schedules can be outlined, changed, fleshed and re-arranged in moments. How cool is that?! out, and re-arranged in moments. How cool is that?! As an industry we have al- ers, designers, estimators and managers. The ways been production-oriented but often computer performs the “grunt work” while rather stuck on tradition. Now we can be the thought processes and evaluations are even more efficient and effective by embrac- still in the human realm of professional ex- ing the technologies available. The students perience. coming into the industry already are fully automated. Take advantage of their skills Complex projects are now tackled using the and knowledge along with the exponential software programs developed to perform growth of computing capabilities and inno- the tedious, hand-work. Professionals can vations in equipment, materials, and meth- evaluate several scenarios in the same – or ods. Don’t be stuck lamenting – lead the less – time than it took to draft a single op- way. tion. The ability to make accurate compari- son analyses is a quick click away rather Ms. Morrison is a Professional Engineer and than hours or days and many spreadsheets serves as the Vice President, Transportation (with pencils, reference tables, adding ma- and Technical Services for the AGC NYS. 26 Do Know Someone Who Would Benefit From MeMBeRSHiP Becoming a Member? Welcome AGC NYS is the leading voice of the building and heavy highway construction NeW members industry, representing contractors and related companies dedicated to the ideals of skill, integrity and A responsibility. GC NYS continues to recruit high-quality General Contractors, Specialty Contractors, and Associate Members. our membership AGC NYS membership list reflects the top contractors in New York State who stand behind provides the opportunities to the tenets of skill, integrity, and responsibility. if you are a quality contractor participate in addressing and looking for an association that can provide advocacy, training, education, learning from all the issues safety, and above all, solutions, then look to the AGC NYS. and problems created by the Here are the latest new AGC NYS members: complexity of New York State’s current and future CONTRACTOR MEMBER ASSOCIATE MEMBER current political, legal and regulatory environment. SCI EngInEErIng, P.C. flatIron ConStruCtorS, InC. 241 WESt 30th StrEEt, 4th floor 10090 E. I-25 frontagE, road For more nEW York, nY 10001 longmont, Co 80504 information please 212-239-3400 303-485-4050 WWW.SCIEngg.Com WWW.flatIronCorP.Com call 518-456-1134 27 ARoUNd tHe iNdUStRY Aurora Breaks Ground on Nassau Com- facilities, houses of worship, multi-family res- munity College’s Life Science Building idential, municipal/government/civic, paving Around the Industry and landscape architecture, and single family T he $30 million Life Sciences Building will house the Nursing and Chemistry depart- ments, benefiting approximately 1,300 students residential applications. In total, 51 projects from 22 different states, Washington, DC and Canada won awards in the Best In Class, Gold, annually. The building will be “U” shaped with Silver and Bronze categories. glass walls lining, and an open-air courtyard enclosed in, the inside of the U. It will incor- The winning projects will be recognized na- porate smart boards and wireless technology tionally through publication in a special issue throughout. The building design seeks to at- of Brick In Architecture, which will be includ- tain a LEED (Leadership in Energy and Envi- ed as an insert in the November issue of Archi- ronmental Design) “Gold” certification by the tectural Record. Additionally, visuals of all of U.S. Green Building Council. Construction on the entries from the last two competitions can the Life Sciences Building is expected to take be viewed on Brick Gallery at www.gobrick. 20 months. com/brickgallery. About Aurora The 2010 Brick In Architecture Awards Best- In-Class Winner in the Educational Category Aurora Contractors, Inc., is a second-genera- is the Meier Hall Dormitory at Elmira College, tion, family owned and operated construction Elmira, NY. The Architect was QPK Design of company that was started by Frank Vero, Sr. in Syracuse, NY. The Construction Manager and 1983. Aurora Contractors is a dynamic, well- masonry constructor was Welliver McGuire, established General Contractor and Construc- Inc. (Montour Falls, NY). The brick manufac- tion Manager team that prides itself on devel- turer was Glen-Gery Corporation and the dis- oping and maintaining long-term relationships tributor was Bock Brick, Inc. with its customers, local officials (including town supervisors, building department person- About the Brick Industry Association nel and fire marshals), union representatives, The Brick Industry Association (BIA) is the subcontractors and suppliers. national trade association representing distrib- At Aurora, we have always maintained that utors and manufacturers of clay brick and sup- integrity and trust are essential to the success pliers of related products and services. BIA’s of any company. The same values and beliefs primary mission is to increase the market share that guided the company at its inception are of clay brick and safeguard the industry. Since still Aurora’s philosophy today. We offer our its founding in 1934, the association has been clients a wealth of experience, extensive re- the nationally recognized authority on clay sources and a variety of services. Our sizeable brick construction and represents the industry portfolio includes new construction and build- in all model building code forums and national ing renovations, shopping centers and malls, standards committees. BIA is involved in a AGC NYS CORNERSTONE Summer 2010 individual retail stores, educational and insti- broad range of activities that appeal to archi- tutional facilities, office building construction tects, builders, community officials, and con- and fit-outs, hotels and apartment buildings. sumers, including Technical Notes on Brick Construction, Brick in Architecture, Brick Welliver McGuire Construction Manager In Home Building, Builder Notes, national for Winning Team awards competitions, educational seminars, Brick Industry Association and numerous other programs. BIA also advo- cates the industry at the federal, state, and local R eston, Virginia– The Brick Industry Asso- ciation (BIA) announced the recipients of its 2010 Brick in Architecture Awards, which level with its environmental, health, and safety work as well as educational programs for local honor innovative use of clay brick in eight cat- municipal and planning officials. Along with egories: commercial, educational, health care the national headquarters, BIA is comprised 28 ARoUNd tHe iNdUStRY of regions that manage programs in the corporate law, environmental, govern- financial goals. Society members can Heartland, Midwest/Northeast, South- ment contracts, labor and employment, provide expert advice on wealth ac- east, and Southwest. Go to www.go- litigation, real estate, and trusts, estates cumulation, wealth preservation, and brick.com and www.greenbrick.com and business succession planning. With wealth transfer, as well as a wide vari- for more information. additional offices in New York City, ety of other financial topics, from busi- Washington DC, and Farmington, CT, ness compensation planning and em- Jeremy Smith to Serve on Board of Couch White provides high-quality, ployee benefits to charitable planning Eastern New York Chapter Society reasonably- priced legal representation and tax issues. of Financial Service Professionals that leads to innovative, ethical and ef- Di Highway and Structure Corp fective solutions for its broad base of A lbany, NY - Couch White Partner Jeremy M. Smith was elected to clients. For more information visit: www.couchwhite.com. Celebrates Twenty Years serve on the Board of Directors of the Eastern New York Chapter of the Soci- ety of Financial Service Professionals About Eastern New York Chapter Soci- N ew York Mills, NY - The Staff at Di Highway Sign & Structure Corp. would like to thank all of their ety of Financial Service Professionals for a three-year term from 2010 through customers for assisting them in com- 2013. Mr. Smith was also appointed as For more than 75 years, members of pleting twenty successful years in busi- Chair of the Program Committee. the Society of Financial Service Pro- ness. We look forward to servicing fessionals (FSP) have been helping your future needs for guide rail, bridge About Couch White, LLP individuals, families, and businesses rail, pedestrian rail, overhead sign Couch White, LLP is a full-service achieve financial security. With a strong structures and specialty steel products business law firm with nationally-rec- commitment to providing financial over the next twenty! ognized leadership in the practice of services with integrity, the Society’s About Di Highway and Structure Corp. energy and construction law. Based in nearly 20,000 members nationwide are Albany, NY, our business law practice uniquely qualified to assist the public Di Highway is a Central New York areas include banking, commercial and in reaching their short- and long-term manufacturer/supplier of high qual- continued on page 30 AGC NYS CORNERSTONE Fall 2010 29 McKissack & McKissack ARoUNd tHe iNdUStRY Construction Management Around the Industry ( continued from page 29) Program Management ity highway safety products. Founded in May of 1990, Di Consulting Highway has since established itself as your most reliable source for Guide Railings, Bridge Railings and Overhead Transit Sign Structures. In addition, we have produced a variety Healthcare of specialty products such as bridge scuppers, pedestrian/ Aviation bicycle railings, flag poles, snow/pedestrian fence brackets Commercial Academic and security barriers. civic As an AISC certified steel fabricator, we are able to supply you, on time, with a wide array of galvanized steel prod- ucts. While we concentrate our efforts primarily in the New Building to Bring Change York State marketplace, wherein we are DWBE certified, For More than 100 Years we have produced materials for projects throughout the Northeastern United States. 150 West 30th Street Our philosophy is really quite simple: Our customer is al- Suite 1200 ways right, so treat him and or her as though they were our New York, NY 10001 only one. We take great pride in being able to say we made 212.349.6500 t it locally in the USA! 212.760.4259 f E.W. Howell Awarded $34 Million Contract At www.mckissack.com Brookhaven National Laboratory P lainview, NY - E.W. Howell, one of the region’s lead- ing general contracting and construction management firms is pleased to announce the award for general construc- tion services for the Laboratory Office Buildings (LOB’s) at Brookhaven National Laboratory (BNL). The LOB proj- ect is part of the National Synchrotron Light Source II con- struction, which will be the world’s most advanced storage ring light source when complete in 2015. E.W. Howell will construct three LOB’s with various laboratories and offices. The project will provide 124,000 square feet of lab and office space for NSLS-II. Occupancy of the first LOB is anticipated in 2012, with the balance of construction lasting through 2013. Each LOB will feature a mix of wet labs, dry labs, fabrica- tion/assembly shops, and tech spaces that have easy access AGC NYS CORNERSTONE Fall 2010 to the NSLS-II experimental floor. Each building will have AGC NYS CORNERSTONE Fall 2010 offices to accommodate up to 124 occupants. The buildings were designed to attain Leadership in Energy and Environ- mental Design (LEED) certification. Funding for this new construction comes from the Ameri- can Recovery and Reinvestment Act (ARRA). The NSLS- II project received $150 million in ARRA funding, $34 mil- lion of which is designated for the LOB’s contract. When complete the new buildings will enable discovery- class science, including science that will drive abundant, 30 ARoUNd tHe iNdUStRY safe, and clean energy technologies. 2005. E.W. Howell also served as gen- was created in 1891 and over the years The unique characteristics of NSLS-II eral contractor for the 65,000-square- has been involved in a diverse group will help scientists explore the grand foot Research Support Building, com- of projects in the area and has consis- challenges they face in developing pleted in 2006, and the 94,500-square- tently remained a strong contender in new materials with advanced proper- foot Center for Functional Nanomateri- the marketplace. ties. It will pave the way to discoveries als, completed in 2007. Both buildings Our firm’s offices in Manhattan and in physics, chemistry, and biology — were awarded a LEED silver rating on Long Island focus on projects in advances that will ultimately enhance by the U.S. Green Building Council, the New York City region to include: national security and help drive the de- which evaluates buildings for sustain- the five boroughs of New York, Long velopment of abundant, safe, and clean ability, water efficiency, energy and Island, Northern New Jersey, Lower energy technologies. atmosphere, materials and resources, Hudson Valley New York, and Western and indoor environmental qualities. “This project is an important one for Connecticut. Currently, E.W. Howell is working on the Long Island economy and we are the Chilled Water Facility expansion Our company’s size, diversity, and expe- eager to continue our relationship with and was recently awarded the 88,000 rienced personnel enable us to provide BNL”, says the President of E.W. How- SF Interdisciplinary Science Building a full range of construction services to ell, Howard Rowland. At the height of which will be built to attain a LEED all of our clients. From preconstruction construction hundreds of local jobs will gold certification. through construction and final closeout be created from the hiring of local ven- we meet all of our client’s expectations dors and subcontractors. About E.W. Howell and in doing so create an atmosphere E.W. Howell’s Experience at BNL The E.W. Howell is one of the oldest con- conducive to repeat business. For more newly awarded LOB project marks struction firms working in the New information please visit www.ewhow- E.W. Howell’s fifth project at BNL since York City metropolitan region. Our firm ell.com. continued on page 32 AGC NYS CORNERSTONE Fall 2010 31 ARoUNd tHe iNdUStRY Around the Industry ( continued from page 31) Goldberg & Connolly Wins Appeal erenced in the Trade Contract, the same Lawley Allies with Safety/ Against NYC and Bovis Lease ADR Procedures and the PPB Rules Environmental Consultants to Restore Multi-Million Dollar should apply to Navillus. Contract Claim Goldberg & Connolly handled the B uffalo, NY– Lawley Insurance is expanding its array of loss control N ew York - Goldberg & Connolly is pleased to announce the firm was able to restore the multi-million appeal on Navillus’ behalf arguing, among other things, that the ADR pro- visions and PPB Rules did not apply services by forming a strategic alliance with Great Lakes Environmental and Safety Consultants, Inc. dollar claim of Navillus Tile Inc. to Navillus, as they were not properly As a result, Lawley customers will (Navillus) against the New York City incorporated into the Trade Contract. benefit from a larger menu of safety Department of Design and Construc- While parties may be strictly held to and environmental services, expand- tion (DDC) and Bovis Lend Lease the terms of a contract they sign, it ing Lawley’s Loss Control/Prevention LMB, Inc. (Bovis). must be clear that any provision in capabilities. Clients will also find in- DDC and Bovis had alleged that Navil- an “extrinsic” document (i.e., another creased responsiveness for regular and lus failed to follow the dispute resolu- contract to which they are not a party) emergency needs. tion procedures, the claim notice and must be clearly and properly “incor- damage recordkeeping provisions Great Lakes, established in 1994, advo- porated” into their contract for a party of the prime contract between Bovis to be strictly held to its terms. It’s a cates for and provides proactive safety, and DDC. The critical issue in this matter of basic fairness, but one that is environmental, and risk management case was whether Bovis could bind often very problematic in construction solutions. its subcontractor, Navillus, to all the controversies given the alleged “flow Evan Casey, President and CEO of terms of the Prime Contract, including down” relationship between Prime Great Lakes Environmental, brings a its dispute resolution procedures, and Contracts and Subcontracts. This is a team of 17 experienced professionals its notice requirements, by mere blan- milestone decision that has the poten- providing environmental, safety, and ket incorporation, or cross-reference, tial to re-establishing a sense of basic hygiene services for the construction, to the Prime Contract in the Navillus fairness in the construction contract- industrial and manufacturing sectors, subcontract with Bovis. The lower ing process. focusing on: court originally said that it could and dismissed Navillus’ lawsuit in its en- About Goldberg & Connolly • Construction safety, training and Attorneys at Law loss control tirety. On the appeal handled by Gold- berg & Connolly, the appellate court Goldberg & Connolly is a recognized • Industrial safety, training and loss in Brooklyn reversed, completely re- authority on all aspects of construc- control instating Navillus’ lawsuit. tion and government contract law and is often at the forefront of new issues, • Environmental, health and safety Bovis, as the City’s CM, subcontracted audits developments and legislation affecting with Navillus. The contract between the industry. The firm provides legal • Indoor air quality surveys Bovis and Navillus (the “Trade Con- counsel in the areas of construction, AGC NYS CORNERSTONE Fall 2010 tract”) consisted of the Trade Contract, • EPA and OSHA compliance assis- government contracts, surety law, real the General Conditions, the Special tance estate development, environmental Conditions and the Prime Contract. law and commercial law and litiga- • Spill plans and environmental per- The DDC and Bovis both moved to tion. Goldberg & Connolly also ser- mits. dismiss Navillus’ lawsuit based on the vice the personal, corporate, business fact that Navillus failed to follow the succession and estate planning needs Lawley’s risk management department ADR procedures of the Prime Contract. of our entrepreneurial clientele. The has delivered loss analysis, loss con- The lower court held that because the firm has aggressively pursued the in- trol, and claims management to its cus- Prime Contract’s ADR Procedures, and terests of its clients since 1955. More tomers for 12 years and is convinced the New York City Procurement Policy information may be found at: www. that the additional services from Great Board (PPB) Rules, were expressly ref- goldbergconnolly.com. Lakes Environmental will even more 32 ARoUNd tHe iNdUStRY fully meet clients’ needs as they move when describing the recent addition of expanded to include eleven locations forward. Kleemann mobile crushers and mobile throughout New York State. Six loca- screens to its product line. tions offer construction equipment and More about Lawley Insurance five provide agriculture equipment. Kleemann has been a major player Lawley Insurance, incorporated in Manufacturers represented by Monroe worldwide for more than 150 years, ac- 1955, is a full-service insurance broker Tractor include: Case, Doosan, Wirt- cording to Miller. It’s only been since gen, Hamm, Vogele, Kleemann, Lee- providing insurance, risk management 2006, however, that its products have and employee benefits. The company Boy, NPK demolition attachments, and become available in the U.S. market. In many other top brands. For more infor- is headquartered at 361 Delaware Av- the mid 1980s it was one of the pioneers mation about Monroe Tractor please enue in Buffalo, NY. Lawley also has in the construction of track mounted visit the dealer’s website www.monro- New York branches in Amherst, Bata- mobile equipment. etractor.com. via, Fredonia, Rochester, Westchester County and New Jersey branches in As a subsidiary of the Wirtgen Group, a O’Brien & Gere Supports Bristol- Fairfield and Annandale. Lawley In- brand already familiar to many Monroe Myers Squibb Site Transformation surance is ranked 57th among the 100 Tractor customers, Kleemann offers in East Syracuse Largest Insurance Brokers in the U.S., many innovative technologies in its as listed by Business Insurance maga- zine. portfolio of crushers and screens. “The addition will not only be good for our traditional construction market,” says O ’Brien & Gere, partnered with construction management firm Hueber-Breuer, was selected by Bris- Buffalo Mechanical Mainstay tol-Myers Squibb (BMS) for a decom- Miller, “but it will also open up the Celebrates its 100th Year missioning, demolition, renovation, quarry market for us.” and restructuring project at the BMS B uffalo, NY: Mollenberg-Betz, Inc., the 3rd generation family led mechanical contractor will ring in its Kleemann offers mobile jaw crushers ranging from the compact MOBICAT facility in East Syracuse, NY. Due to the discontinuation of penicillin, bulk MC 100 R, its smallest with a maxi- anti-infectives manufacturing, and 100th Anniversary in 2010. mum feed capacity of 200 t/h, to the other research and corporate functions, With an array of services ranging from MOBICAT MC 160 Z, with a feed ca- half of the site’s 118 buildings are ob- HVAC, plumbing, and refrigeration to pacity of 1,500 t/h. solete and will be demolished. boilers, industrial piping, and service, The company also manufactures seven The 90-acre facility, dedicated to the re- the 2010 acquisition of Custom Sheet mobile impact crushers called the MO- search, development, and manufacture Metal and Metal Fabricating, MBI con- BRIEX. The smallest MOBRIEX is the of pharmaceutical compounds, began tinues to evolve into the next century MR 100 R with a feed capacity of 280 producing penicillin in 1943, followed while echoing the ever present vision t/h and the largest is the MR 170 Z with by bulk anti-infectives. Production of of its founders 100 years earlier. a 700 t/h feed capacity. these compounds ceased by 2007 with About Mollenberg-Betz, Inc. the buildings that manufactured them Finally, MT will be offering the Klee- mann MOBISCREEN. Again there is a subsequently closed. With this change, Mollenberg-Betz, Inc. is a 3rd genera- AGC NYS CORNERSTONE Fall 2010 range of screens to choose from. On the the site has been transforming from tion family operated mechanical con- smaller end is the MS 19 Z with a feed full-scale production of traditional tractor headquartered at 300 Scott Street capacity of 500 t/h and on the larger pharmaceuticals to the development of in Buffalo serving the NY markets of end is the MS 23 D, which has a feed manufacturing processes to make bio- Buffalo, Rochester, and Syracuse as capacity of 800 t/h. logics, medicines made from plant or well as Western and Central Pa. animal cells and used to treat diseases World Leader Joins Monroe Tractor About Monroe Tractor like cancer, rheumatoid arthritis, and diabetes. Monroe Tractor has been selling and “W e’ve aligned ourselves with the best in the industry,” states Chuck Miller, Monroe Tractor’s serving heavy machinery to contrac- tors and municipalities in upstate New O’Brien & Gere is providing design, environmental consulting, construction Eastern Regional General Manager, York since 1951. The company has management support, and commission- continued on page 34 33 ARoUNd tHe iNdUStRY Around the Industry ( continued from page 33) ter, energy, environmental, and facility About Spectra solutions for its public and private sec- Spectra, headquartered in Latham with tor clients. offices in Poughkeepsie and Syracuse, Spectra Appoints Deputy Director of provides public and private clients with Infrastructure Services a full range of professional engineering and environmental consulting services, L atham, NY – Willy F. Grimmke, former Washington County Super- intendent of Public Works, has joined which support highway and bridge de- sign, solid waste and stormwater man- agement, mining and aggregate pro- Spectra Engineering, Architecture and duction, and state-of-the-art subsurface Surveying, P.C. as Deputy Director of imaging and mapping. For more infor- Infrastructure Services. mation visit: www.spectraenv.com. As Superintendent for 13 years, Mr. STV Serves as the Construction Grimmke managed the County Works Management Team Behind Department, consisting of 100 employ- Westchester Community College’s ees, with an annual operating budget New Gateway Center of $15 million. His duties included the design and maintenance of all 286 miles of the county system’s pave- ments, as well as the implementation N ew York - STV was the construc- tion management firm for the new Westchester Community Col- O’Brien & Gere, partnered with construc- of all policies related to highways and lege (WCC) Gateway Center, which is tion management firm Hueber-Breuer, was bridges, and the county’s Solid Waste opening its doors to students this fall. selected by Bristol-Myers Squibb (BMS) for Management Services. The firm also acted as the contract ad- a decommissioning, demolition, renovation, ministrator between the college, the ar- Mr. Grimmke has served as an adjunct and restructuring project at the BMS facility chitect and the prime contractors. lecturer and assistant professor at Rens- in East Syracuse, NY. selaer Polytechnic Institute where he The Westchester Community College ing services to demolish 60 buildings, taught Transportation Facilities Design. Gateway Center is a new, 70,000-sf, containing 600,000 sqft of lab, office, His past private sector project experi- 3-story, V-shaped building that in- and manufacturing space, over a 40- ence includes the design of expansions cludes state-of-the-art classrooms, acre area located on the site’s north end, and rehabilitations of pavements and seminar rooms, a lecture hall, computer as well as consolidate operations in the drainage systems at airport facilities, as labs, and language labs equipped with remaining buildings on the site’s south well as off-site roadway improvements leading-edge technology to integrate end. The buildings will be replaced by for commercial developments. students learning English into the fab- landscaping and fitness trails as the ric of the campus. John H. Shafer, President of Spectra site transforms into a park-like campus Engineering, stated, “Willy’s exper- Due to the number of contractors in- more representative of a biotech re- tise in the planning, design, construc- volved, it was necessary to communi- search center. The project is expected AGC NYS CORNERSTONE Fall 2010 tion and analysis of transportation cate with them regularly to maintain to complete by December 2012. infrastructure will be a great asset to progress at the Gateway Center. STV About O’Brien & Gere Spectra and the clients we serve. We and the owner had frequent interaction are excited to have someone with his with each of the four prime contractors, O’Brien & Gere is an employee-owned experience and qualifications join our with STV acting as facilitator to keep engineering and project delivery com- professional team.” construction moving forward. Change pany with over 850 scientists, engi- orders were negotiated and processed neers, construction, and operations per- “I am enthusiastic about joining the expeditiously on a monthly basis. The sonnel located in 30 offices across the Spectra team, and am looking forward construction contingency budget per- U.S. With a 65-year history of applying to using my experience and expertise centage was a mere 3.2 percent. technology and innovation, O’Brien & to serve Spectra’s clients,” Grimmke Gere is a leader in providing total wa- added. STV also played a vital role in seeing continued on page 36 34 35 ARoUNd tHe iNdUStRY Around the Industry ( continued from page 34) the private and public sectors. Partici- pants learn the essentials of a construc- tion management business in order to become better equipped to compete for larger contracts. Subjects offered to the participants were; managing a business, bidding, cost estimating, scheduling, management and business development, safe building practices, insurance and bonding essentials. The Westchester Community College Gateway Center is a new, 70,000-sf, three-story, The Turner Construction School of V-shaped building that includes state-of-the-art classrooms, seminar rooms, a lec- Management was established more ture hall, computer labs, and language labs equipped with leading-edge technology. than 40 years ago and is offered in more Photo by Michael Macioce. than 70 cities across the country and includes more than 15,000 graduates. that the LEED construction require- other facilities. STV is 100 percent The TSCM program has been crucial ments and administration requirements employee-owned. For more informa- in helping Turner achieve success in were successfully followed. WCC is tion, visit our website at www.stvinc. awarding more than 52,000 contracts pursuing LEED Certification for the com or follow @STVGroup on Twit- with a value in excess of $18 billion Gateway Center, which is expected to ter. to minority-women-owned businesses. become the first LEED-Certified build- ing in Westchester County. The initial Buffalo, NY Office Graduates 82 Turner has surpassed the milestone of Participants of the Turner School of awarding more than $1 billion of con- plans called for LEED Certification, Construction Management tracts to M/WBE firms. but the project is on track to achieve a higher level certification. About Turner The Gateway Center features a com- B uffalo, NY - Turner’s Buffalo, New York office recently con- ducted Turner’s School of Construc- Through Turner’s market segment plex structural steel framing system, groups, the company has a powerful masonry and a cold metal framing ex- tion Management for the Minority and resource of staff experience with years terior wall with a field applied vapor Women Owned Business Communities of proven industry specific expertise barrier, an architectural stone cladding of Buffalo and Rochester, NY. in costing, planning, building and de- façade, and a glass curtain wall with The Buffalo course, held from Febru- livery of projects that is unmatched in numerous systems. The design require- ary 2 to March 11 graduated 34 partici- the industry. This expertise combined ments for the new building incorporate pants. Turner partnered with Kaleida with local market knowledge has made sustainable and low-impact develop- Health, University at Buffalo, Bevlar Turner the leader nationally, in many ment techniques and technologies. & Associates and the Walsh Insurance regions and cities as well as in a wide Center to coordinate, mentor and rec- variety of segments including commer- The Gateway Center also helps bridge ognize the graduates. cial offices, education, sports, hotels/ language and cultural differences for motels, healthcare, pharmaceutical, AGC NYS CORNERSTONE Fall 2010 companies around the world through The Rochester course, held from April multi-unit residential correctional and the Professional Development Center, 13th to May 27th , graduated 48 par- entertainment/public assembly. which provides language programs for ticipants. Turner partnered with the corporations and healthcare facilities. City of Rochester, Landon & Rian En- With a nationwide network of offices terprises, Urban League of Rochester, and a presence in a dozen countries, About STV Zion Hill Baptist Church and Roches- Turner has the most comprehensive lo- With more than 1,700 employees in 33 ter Institute of Technology. cal office network in the industry. They offices, STV is a leader in providing are the only builder to combine broad construction management, engineer- The Turner School of Construction geographic reach with local delivery, ing, architectural, planning and envi- Management (TSCM) provides M/ providing our clients with both the ronmental services for transportation WBE contractors and businesses with extensive resources and the close-to- systems, infrastructure, buildings and the tools necessary to pursue work in home focus they desire. 36 edUCAtioN At AGC NYS 2010 AGC NYS Scholarship Winners by brendan Manning T he The AGC NYS Scholarship pro- The Chapter awards more then a dozen brendan Manning gram has continued to grow and $2500 scholarships each July/August. benefit the industry and the stu- Students must reapply each year for up to dents who are preparing for careers in the three years of undergraduate study; many construction industry. The 2010 Anthony of our winners each year are repeat win- S. Santaro AGC Scholarship Classic, our ners. Graduate students are eligible for a main fund raising event that supports the one-year scholarship if they are studying scholarship program, was another huge full time for an advanced construction- success. Held again at the beautiful related degree and are intent upon a career Shenendoah and Kaluhyat golf courses at in the industry. Applications are received the Turning Stone Resort & Casino, we from March 1-May 15 of each year. totaled 220 golfers. Thanks to the gen- StudEnt ChaPtEr grant erous contributions of our members, we were able to raise almost $40,000 for the Each year since 1997, the AGC has set AGC Scholarship Fund at the Event. aside funds to assist our Student Chapters. Activities that have qualified for a grant In addition to the Santaro AGC Scholar- include field trips to jobsites, Student ship Classic, the scholarship fund is sup- Chapter competitions (i.e. regional man- ported by generous endowments made by agement, concrete canoe, steel bridge, the members. These funds are being dis- etc.), and the purchase of specific educa- tributed to the college students listed be- tional materials, such as computer soft- low who are pursuing degrees in civil en- ware or hardware. gineering, diesel or construction technol- ogy. All recipients must be entering the Grant applications must be in writing and 2nd, 3rd, or 4th year of a two of four year should be as specific as possible. Applica- college and maintain at least a 2.5 grade tions are usually received by November AGC NYS CORNERSTONE Fall 2010 point average. This past year, the AGC first of each year, with selections made in NYS scholarship selection committee December. Chapters have until the end of reviewed 64 applications. The commit- the current school year to be reimbursed tee awarded 20 scholarships to students for grant items. from nine colleges and universities. They The Student Chapter Grant Program is also awarded three scholarships this year funded through member contributions and to a student enrolled in a diesel technol- from proceeds of the Anthony S. Santaro ogy curriculum, bringing the total award AGC Scholarship Classic. amount to $47,500. AGC has now award- ed $874,000 since the program began in Brendan Manning is AGC NYS’s Educa- 1988. tion and Environmental Director. 40 continued on page 38 37 edUCAtioN At AGC NYS 2010 AGC NYS Scholarship Winners (continued from page 37) Joseph alberT Clarkson University, where he’s studying civil engineering. Schenectady, NY Josh is a member of Sigma Phi Epsilon and serves as the University at Buffalo chairperson of their scholarship committee. This summer he AGC Scholarship interned with the NYS Dept of Transportation. In his free Joe is a senior majoring in civil engineering at the University time Josh enjoys jet skiing, water skiing, snowboarding and at Buffalo. He worked last summer for the NYS Department playing volleyball. of Transportation in the cement testing lab. Joe hopes to go on and get his Masters in Engineering. Kyle doyle Styvesant, NY CaTherIne bIshop SUNY Buffalo Menands, NY Nicholas Badami Memorial University of Connecticut Scholarship AGC Scholarship Kyle is a senior this year Catie is a senior majoring at the University at Buffalo in civil engineering at the majoring in civil engineer- University of Connecticut, ing. He has spent his sum- and is marshal of UConn’s mers working with Piasecki Chapter of Chi Epsilon, a Steel, both in the fabrication Civil Engineering Honor Kyle Doyle shop and on the I-87 Twin Society. She is a member of Bridges repair project, as well Habitat for Humanity, the Catherine Bishop as interning with Judlau Contracting in New York City. Kyle Husky Ambassador Program, will serve as president of the UB ASCE student chapter for and Tau Beta Pi, the engineering honor society. This past the 2010-2011 academic year. summer she did research as a 2010 Pratt Research Experi- ence for Undergraduates Fellow at Duke University. doug hennIngsen East Northport, NY Chad CouTure Chazy, NY SUNY Delhi RIT AGC Scholarship AGC Scholarship Doug is currently a senior Chad is a senior majoring in at SUNY Delhi majoring in civil engineering with a con- construction management. centration in structural engi- He has an AAS in Architec- neering at Rochester Institute tural Technology and this of Technology. He enjoys var- past spring and summer has ious activities such as playing interned for Racanelli Con- sports, ASCE Concrete Ca- struction Company. Doug Doug Hennigsen is a member of the AGC Chad Couture NYS Chapter for his school as well as a member ASC De- AGC NYS CORNERSTONE Fall 2010 noe, and volunteering with sign Build Team. Doug is also studying to become a LEED Habitat for Humanity. This Green Associate. summer he interned at Ar- mor Tower Engineering and sarah hIll Construction . Chestertown, NY Clarkson University Joshua Covel William “Bill” Donnelly Memorial Scholarship Manlius, NY Sarah is a senior majoring in civil engineering at Clarkson Clarkson University University. She is the co-founder for “Value U,” an organiza- Anthony S. Santaro tion directed towards the empowerment of women and girls. Justin Covel Scholarship Sarah has spent the last two summers interning with D.A. Josh is currently a senior at Collins Construction Co., Inc. 38 edUCAtioN At AGC NYS bryanT Jensen York as a mechanic of farm equipment. He also works for Highland, NY JUG Dairy Farm assisting with operating and repairing farm SUNY Delhi equipment. AGC Scholarship Bryant is a senior majoring in construction management JusTIn ooms at SUNY Delhi. He is currently wrapping up an internship Constable, NY working with Hayward Baker as a field engineer. Bryant is SUNY Delhi member of the Delhi Student Government and AGC Student AGC Scholarship Chapter. Justin is a junior at S.U.N.Y. Delhi working on a bach- adelaIde maTTeson elor’s degree in construc- Cowlesville, NY tion management. Justin Alfred State has grown up on his parent’s AGC Scholarship large dairy farm up in north- Adelaide is currently a junior ern New York. This summer, majoring in construction Justin helped produce draw- management at Alfred State. Justin ooms ings for a local historic church Adelaide is a member of the that is being renovated. AGC Student Chapter and is in the National Association Zane osgood of Women in Construction Ischua, NY (NAWIC). Adelaide’s future Alfred State Adelaide Matteson plans are to finish her bach- AGC Diesel Scholarship elor’s degree with a focus on Zane is a sophomore majoring the highway and transportation industry, fulfilling her goals in diesel technology at SUNY of working for the Department of Transportation or working Alfred. He has been working as a materials engineer. on farm equipment since he was young and hopes to work ryan myers as a diesel technician for a Amsterdam, NY contractor when he graduates. Utica College He likes the Alfred Diesel AGC Scholarship Program because they are one Zane osgood Ryan is currently a senior majoring in civil engineering tech- of the few schools that offer nology at Utica College. He spent the past four summers TechSmart, a program for diesel diagnostics. working for D.A. Collins Construction Company. He hopes to graduate and become a surveyor or a professional engi- Joshua rodems neer. Orchard Park, NY Rochester Institute of naThan nelson Technology Machias, NY J. Keith Waters Memorial Alfred State Scholarship AGC Diesel Scholarship Josh is in his final year as Nathan is currently enrolled a civil engineering technol- in the Heavy Equipment, ogy major at the RIT. This Truck & Diesel Techni- past summer he was on co- cian program at Alfred State op with AMEC Americas in SUNY College of Technol- Calgary in the province of ogy in Wellsville, New York. Joshua Rodems Alberta, Canada, working as This summer he is working a summer student in the civil engineering department. This full-time for Lamb & Web- fall he will be working for Erdman Anthony in the bridge de- ster, Inc. in Springville, New Nathan Nelson sign and structures division. He has also worked as a project continued on page 40 39 edUCAtioN At AGC NYS 2010 AGC NYS Scholarship Winners (continued from page 41) engineer for The Pike Company for six months on the RIT ager for DDS Constructors, and an intern field engineer for Global Village Project. Weeks Marine, Inc. Corey plans on pursuing a career in the heavy civil industry as a project engineer or project man- beTh sChneIder ager. Bridgeport, NY Clarkson University James sTrIgle AGC Scholarship Constableville, NY Beth is starting her junior SUNY Cobleskill year at Clarkson University AGC Diesel Scholarship majoring in civil engineer- James is a second year stu- ing, with a minor in math- dent pursuing an associate’s ematics. She is currently un- degree in diesel technology decided between structural from SUNY Cobleskill. Af- engineering and construc- ter graduating James hopes to tion management engineer- work for a construction com- beth Schneider ing. After graduation Beth pany or equipment firm as a would like to remain in upstate and/or Northern New York diesel technician. James Strigle and be out in the field as an engineer. She hopes to work for a highway company, specializing in bridge construction. Joseph TrImaldI arlIe sChranTZ Rochester, NY Williamsville, NY Rochester Institute of Carnegie Mellon University Technology AGC Scholarship AGC Scholarship Arlie is a 5th year architec- Joe is a junior at RIT ma- ture student at Carnegie Mel- joring in civil engineering lon University in Pittsburgh, technology. He is currently Pennsylvania. In spring 2010 interning in the Construc- Arlie studied abroad at the tion Division of Wegman’s CMU sister campus in Doha, Food Markets in Rochester, Qatar and had an opportunity Joseph trimaldi New York. When Joe gradu- to travel around the Middle ates he is hoping to become a licensed professional engineer Arlie Scrantz East including Dubai and Abu and work in on a jobsite in highway construction. Dhabi (United Arab Emirates), Oman, Jordan and Bahrain. This past summer she interned for the second time at Uni- roberT Waver land Development Company in Buffalo, New York and vol- Elma, NY unteered as an orientation leader for CMU’s freshman orien- Rochester Institute of tation for the fourth time. Technology AGC Scholarship AGC NYS CORNERSTONE Fall 2010 Corey smITh Robert currently attends Churchville, NY Rochester Institute of Tech- Rochester Institute of nology pursuing a degree in Technology civil engineering technol- AGC Scholarship ogy. During the spring of Corey is currently a senior 2010, he studied abroad in pursuing a bachelor’s de- Dubrovnik, Croatia along Robert Waver gree in civil engineering with a dozen other civil engi- from RIT. The last five neering students. This summer he worked at Union Con- years he has worked as an crete and Construction, located in West Seneca, New York, asphalt mill operator for as a construction management intern performing final field Villager Construction, an verifications and working with job superintendents on daily 40 Corey Smith intern estimator/project man- issues. INDIVIDUAL ATTENTION. TEAM RESOURCES. Our attorneys have been practicing in the Construction Law area for over 40 years. We have the resources you need and the experience you can trust. RobeRt F. Silkey Vic J. kopnitSky, JR. Michael J. baleStRa 308 Maltbie Street, Suite 200 120 Washington Street, Suite 500 Syracuse, New York Watertown, New York 13204 -1498 13601-3330 315.474.7541 315.786.7950 www.menterlaw.com 41 SUMMeR eVeNtS Special ThankS SponSorS: To our 2010 AGC NYS Annual Summer Sagamore Sponsor: McGraw Hill Construction Lake George Level Sponsors: Meeting Fuller & O’Brien/Gallagher – O ver the course of a couple of from the perspective of the insurance Morgan Boat Cruise days’ of meetings, both formal industry and Nancy Taylor from Green- Greenberg Traurig – Saturday and informal, AGC NYS mem- berg-Traurig’s Washington, D.C. office Morning Membership Meeting bers had the opportunity to network with explained the specific requirements and friends, enjoy the beautiful surroundings how those provisions were inserted. Lake Placid Level Sponsors: of the Sagamore and participate in a few The Building Division’s Board of Direc- outdoor activities. Iannelli Construction Co. Inc. – tors discussed a number of items includ- Saturday Evening Dinner We welcomed several speakers who ing: an update on the merger and prog- brought a lot of timely information. ress of improvements, legislative activi- Lake Champlain Level Most notably, Ken Adams, President of ties, committee activities and a strategic Sponsors: the NYS Business Council impressed planning update. In addition, the Board Ernstrom & Dreste LLP – and depressed the crowd with jaw-drop- discussed at length two policy questions Spouses Culinary Program ping statistics on the severe fiscal crisis involving State Building Construction facing New York State and how that pre- Agency Mergers and membership cat- Marsh – Friday Evening Reception and Barbeque vents private sector job growth. egories. The meeting concluded with a presentation from Board Member How- Purcell Construction – Kayaking Colonel Chris Gibson, a candidate for ard Rosen, Esq. of Peckar and Abram- Rose & Kiernan – Saturday Congress in the 20th district, also ad- son. Evening Wine dressed the AGC NYS crowd. Mr. Gib- son presented his views on infrastruc- At the Highway Division meeting, the ture investment, economic recovery, primary action items were a PLA study Friday Morning Membership lowering the tax and regulatory burden being conducted for the Prospect Moun- Meeting: on small businesses and expressed his tain (I-86) projects in Binghamton, the Liberty Mutual Society opposition to the “card-check” legisla- broad brush application of a new AA- tion. P21LL form and protocols for a “four Paul B. Richards Golf 10’s” work week. The Summer Meeting also featured an Tournament: in-depth review of the new federal health The graduates of the 11th class of the Couch White, LLP care law and its affect on the construc- AGC NYS Future Construction Leaders Patrick DiCerbo, Northwestern tion industry. Dr. John Bennett from were recognized for their achievement Mutual CDPHP gave a presentation on the law at the banquet. AGC NYS CORNERSTONE Fall 2010 42 SUMMeR eVeNtS AGC NYS CORNERSTONE Fall 2010 43 AGC NYS CORNERSTONE Fall 2010 44 AGC NYS A s a member of AGC NYS your business is able to take advantage of a series of membership discounts through your local chapter, as well as AGC of America. Below are a handful of benefits that could save you money. to see a full list, go to www.agc.org/cs/about_agc/membership/member_discounts. AFFINITY PROGRAMS Qualifying members may be eligible to receive: • 22% off Monthly Access Calling Plan fees. 1- or 2-yr. line term on plans $34.99 or higher required. For Family SharePlan® discount only available on primary line. • Unlimited VZEmail for only $20/month required. New 2-yr. line term and Voice Calling Plan of $34.99 or higher. Retail price $44.99. • 35% off eligible Verizon Wireless accessories. Contact the AGC NYS office at 518-456-1134 today to find out more about how you can save 22% off your wireless bill, plus extra savings on email, internet, push-to-talk, and accessories. *This offer is subject to change at any time. Enterprise Fleet Management is offering discounts on fleet operations. This membership benefit includes discounted vehicle pricing, flexible vehicle funding, vehicle maintenance programs, fuel program and a disposal program. Visit www.agc.org/enterprise to learn more. Developed by a coalition of 23 leading industry associations representing owners, contractors, subcontractors, designers and sureties, ConsensusDOCS covers all your construction contracting needs with over 90 industry-tested contracts and forms. AGC Members receive a 20% discount on ConsensusDOCS products when purchased through the AGC Bookstore. Ford Fleet is offering AGC members discounts on fleet operations. This membership benefit includes discounted vehicle pricing, flexible vehicle funding, vehicle maintenance programs. Visit http://www.agc.org/Ford to learn more about this benefit. AGC of America members can take advantage of important discounts and incentives on new auto purchases under a contract signed between AGC of America and General Motors (GM). AGC NYS CORNERSTONE Fall 2010 Members will need to mention this code and present an AGC membership card. Visit http://www.agc.org/gm to learn more. Williams Scotsman, Inc. is the leading national provider of mobile and modular building solutions for the Construction, Education, Commercial, Healthcare and Government markets. Williams Scotsman also provides delivery, installation, refurbishment and other services, and sells new and used mobile office products. AGC Members receive one month of free rent (up to $500) for each mobile office, storage container and/or specialty trailer leased for six months or longer. 45 FoCUS oN SAFetY OSHA’s Final Cranes and Derricks Jim Redmond Rule Released • T he new Cranes & Derricks stan- The equipment shall not be assembled dard will go into effect November or used unless ground conditions are 8, 2010. firm, drained (except for marshes/wet- lands), and graded to a sufficient extent The final rule will revise the 29 CFR so that, in conjunction (if necessary) 1926.550 regulations from 1971 and in- with the use of supporting materials, clude controlling entity language establish- the equipment manufacturer’s speci- ing greater responsibilities for general con- fications for adequate support and de- tractors. This type of language has become gree of level of the equipment are met. the norm as OSHA broadens the intent of the OSHA Act by incorporating such re- • The controlling entity shall: quirements in safety standards. AGC pro- 1) Ensure that ground prepara- vided comments during the proposed stage tions necessary to meet the re- relating to various issues. The following quirements in paragraph (b) of excerpt is AGC’s comments in regard to this section are provided. controlling entity requirements. 2) Inform the user of the equip- Once again, it appears that controlling en- ment and the operator of the lo- tity requirements for ground conditions are cation of hazards beneath the included in the proposed Cranes and Der- equipment set-up area (such as ricks standard. voids, tanks, utilities) that are AGC NYS CORNERSTONE Summer 2010 1926.1402 ground CondITIons identified in documents (such as site drawings, as-built drawings, • Definitions: and soil analyses) if they are 1) “Ground conditions” means the available to the controlling entity. ability of the ground to support • If there is no controlling entity for the the equipment (including slope, project, the requirement in paragraph compaction, and firmness). (c)(1) of this section shall be met by 2) “Supporting materials” means the employer that has authority at the blocking, mats, cribbing, marsh site to make or arrange for ground buggies (in marshes/wetlands), or preparations needed to meet paragraph similar supporting materials or (b) of this section. devices. • If the A/D supervisor or the operator 46 FoCUS oN SAFetY determines that ground con- ditions do not meet the re- quirements in paragraph (b) of this section, that New York is not unique in their ever-changing person’s employer shall have project delivery systems, but again, by the a discussion with the con- proposed definition, controlling entity in New trolling entity regarding the York could mean an architect or engineer ground preparations that are acting as construction manager, a general needed so that, with the use contractor, a subcontractor acting as a prime of suitable supporting mate- rials/devices (if necessary), contractor, and in some cases the public the requirements in para- owner acting as its own construction manager. graph (b) of this section can be met. The controlling entity ground the site meet the specifications. 1926.1424 WorK area conditions requirement that is ConTrol: cited above places responsibility Obviously, site conditions, such for adequate ground conditions as weather, may change the 1926.1424 (b) Multiple equip- on the controlling entity. This ground conditions. Is the con- ment coordination. Where any mirrors the provisions in the steel trolling entity expected to have part of a crane/derrick is within erection standard pertaining to the skills necessary to recognize the working radius of another this issue, but this still does not that the ground conditions are crane/derrick, the controlling seem appropriate. The contrac- degrading and no longer accept- entity shall institute a system to tor retained to set up the crane able? Only a qualified person, coordinate operations. should be responsible for defin- such as an operator, has the abil- If there is no controlling entity, ity and training to identify that. ing what will be required for the employers shall institute such An extensive amount of training ground conditions based on the a system. is required to be a crane opera- type of crane in use, site condi- tor. It is a highly skilled position The question raised here is what tions, loads to be handled, etc. and the majority of construction does “institute a system to coor- The contractor performing this field personnel are not equipped dinate operations” mean? How work needs to make sure ground to make such a determination. does this apply when the party/ conditions are appropriate. Plac- ing this task on the controlling parties involved are a subcon- In the proposed standard under tractor (in which the controlling entity is misguided. 1926.1427 - Operator qualifica- entity holds contracts) or primes tion and certification, it is stated Plainly put, the crane operator (the controlling entity does not quite clearly. Section 1926.1427 or another qualified employee hold a contract). Is “institute a (j)(1)(i)(E)(1) requires operators from the crane company needs system to coordinate operations” to have “technical knowledge to identify, through manufacturer limited to what the crane/derrick AGC NYS CORNERSTONE Fall 2010 applicable to the suitability of the specifications, what is acceptable will be doing, area of the project supporting ground and surface to and relay this information to the it will be working, and when the handle expected loads.” To place controlling entity. The control- work will be performed, or are is the same degree of expertise on ling entity, if appropriate, then the scope more extensive to in- the controlling entity does not can coordinate to have the area clude signals and the like? What make sense. They are not experts prepared for the set up of the exactly is expected from the con- in this area. crane. When the ground condi- trolling entity? If this scenario tions are prepared for the crane, The proposed Cranes and Der- exists and both of the cranes/der- the contractor that intends to set ricks Standard also includes the ricks are owned by a sole entity, up the crane needs to ensure that following controlling entity re- why are they not facilitating the the ground conditions provided at quirement for work area control: system to coordinate operations? continued on page 48 47 FoCUS oN SAFetY OSHA’s Final Cranes & Derricks Rule Released (continued from page 47) New York is not unique in their ever- the project. tractor, construction manager or any changing project delivery systems, but other legal entity which has the overall If these criteria are absent, it necessi- again, by the proposed definition, con- responsibility for the construction of tates that the owner be the controlling trolling entity in New York could mean the project – its planning, quality, and entity. Owners are more often then not an architect or engineer acting as con- completion. struction manager, a general contrac- neither on the site nor in any control of tor, a subcontractor acting as a prime the operations of the project. This is Despite AGC efforts, controlling entity contractor, and in some cases the pub- evident in any multiple prime contract requirements continue to break their lic owner acting as its own construction projects. way into new standards. In the com- ing months, AGC will be delivering a manager. Many projects, especially We, as a state, have a difficult time in public work projects, have numerous training program to assist AGC Mem- determining who a controlling entity prime contractors working directly for bers with understanding the final Crane may be, either administratively or le- the owner which is not physically pres- and Derricks standard. Do not hesitate gally. With no clarity as to whom the ent at the work site, thus by proposed to contact Jim Redmond 585-370-1853 controlling entity may be, any regula- definition, no controlling entity with or Dennis Kiefer 518-376-8221 if you tions and subsequent violations may be “overall responsibility” exists. have any questions or need training as- a moot point and may only exacerbate sistance. For a copy of the standard Industry standards and logic dictate that potential litigation. go to www.osha.gov/cranes-derricks/ to be in control of a project one must A) The “controlling entity” definition pro- index.html. control the payment process, B) have a vided in proposed Cranes and Derricks direct contractual relationship with the Jim Redmond is the Safety and Health Standard is as follows: subcontractor(s), and (C) be able to se- Services Director for AGC NYS. He lect the team with which to complete Means a prime contractor, general con- can be reached at email@example.com. AGC NYS CORNERSTONE Fall 2010 48 ASSoCIATe’S CoRNeR Office BIM to Trailer BIM: Is your IT Infrastructure Ready? bIm and emaIl: IT’s The same ThIng B uilding Information Modeling (BIM) and Integrated Project Before discussing BIM technologies as Delivery (IPD) are no longer By Jay dougherty, Leed hype – they are reality. Credible evi- part of a contractor’s IT infrastructure, AP Associate director in dence in support of BIM/IPD is emerg- consider a few points of technology con- Navigant Consulting’s Global ing from all corners of the A/E/C/O text. What year was it when your com- Construction Practice industry. The Associated General Con- pany sent and received its first email? At tractors of America (AGC), The Ameri- present, how many days (hours?) could can Institute of Architects (AIA) and your company survive without email? the Construction Owners Association of How many documents, either drawing or America (COAA) through their confer- text based, does your company receive ences, sub-committees, and publications in a PDF (or similar) format each week? have each constructed the business case How long could your company continue for BIM/IPD by highlighting successful to run a quality business without the implementations. These project success ability to view, print and exchange these stories all report real gains in efficiency types of documents? How many execu- and productivity on projects in the pri- tives, project managers, field superinten- vate, public and institutional markets, at dants, or shop foremen in your company multiple scales, and across many build- could remain productive without their ing types. As a result of these winning cell phones or mobile devices? Try to case studies, the BIM/IPD discussion remember the first time your company has moved from the realm of academic received a CAD drawing. Now consider theory and into best practices and meth- how many CAD drawings you receive, ods for improving the bottom line. One store, and/or manipulate on a weekly, of the first steps towards improving the daily, hourly basis. Does your company bottom line starts with preparing your use project management software? Esti- IT infrastructure – from the office to the mating software? Scheduling software? AGC NYS CORNERSTONE Fall 2010 job-site trailer - for new BIM software, Direct fabrication and/or supply chain collaboration processes and data man- management software? Would your agement protocols. BIM is not CAD 2.0 company remain profitable or run as ef- and contractors need to be ready. fectively without these tools? This article will highlight key consid- Obviously, these questions need no an- erations and suggest basic action items swers; they’re the set-up that point to one that contractors must take in order to simple reality. Information Technology build a strong, flexible, and scalable – from websites, to cell phone calls, to BIM technical infrastructure that maxi- Primavera schedules, to CAD drawings mizes efficiencies, protects margins, and - is a mission critical piece of any con- sustains growth. tractor’s business. IT not only provides continued on page 51 49 AdverTIsers Index iFC Admar Supply Co., inc 50 Maine drilling & Blasting 4 Atlas fence 30 McKissack & McKissack iFC2 Barrett Paving Materials, inc 41 Menter, Rudin, trivelpiece, P.C. 19 bST 30 Pavilion drainage Supply Co, inc 25 Couch White, LLP 44 temporary Heating technologies 35 DA Collins Construction, Co Inc 48 turner Construction Company 42 DiCerbo/ Northwestern Mutual 24 Verizon 15 Dignet 15 Welliver McGuire, Inc. 19 Donnelly Construction, Inc If you are interested in advertising in a future issue 50 Dutchess Quarry and Supply Co., inc of Cornerstone please contact Frances Holzhauer, 29 elderlee, Inc Publications Director, at firstname.lastname@example.org or by 31 eMI Guide Rail, llC calling the AGC NYS office at 518.456.1134 23 ernstrom & dreste, LLP 12 the Fort Miller Group BC Fuller & o’Brien, inc 41 iBC Gateway equipment Corp. Gateway equipment Corp. & Caterpillar What’s in a Name? 15 Goldberg & Connolly Buffaloes aren’t really buffaloes at all. They’re 4 Hanson Aggregates bison – a whole different 12 Harrison & Burrowes bridge animal. And Maine Drilling Construction & Blasting crews don’t travel from Maine every morning to work on 42 Hayward baker, Inc your project. Our founder 18 Iannelli Construction Co., Inc. named us Maine Drilling & Blasting, just because we started in Maine over 40 years ago. But rest assured, our people are local. They live and work in neighborhoods Dutchess Quarry anD supply co just like yours all over the Northeast. So, if you’ve got rock, please don’t arborio road, pleasant Valley, ny, 12569 get hung up on a name. (845) 635-8151 The buffalo doesn’t. Bituminous concrete central Mix concrete crushed stone plants located at: 518-632-9170 pleasant Valley, ny and Goshen, ny 7190 State Route 40 Argyle, NY 12809 www.mainedrilling.com the Northeast’s local drilling & blasting company 50 ASSoCIATe’S CoRNeR Office BIM to Trailer BIM (continued from page 49) the framework to build the you’ll need to plan for things projects currently on-going, building a software matrix that clearly like updating your worksta- but it also enables pursu- maps long-term strategy, project contract tion’s OS, possibly consid- ing and bidding on future responsibilities for BiM, software features, costs, ering multi-core processors, work, thereby allowing the needs, wants, and limitations is one of the first loading up on RAM and company to stay in business, critical steps in constructing a meaningful BiM updating your video cards. generate revenue and grow. infrastructure. New 20” monitors can also Which leads us to BIM - and make a world of difference here we use the term to mean collaboration software? constructing a meaningful as screen real estate is at a “true” BIM, not the pretend Perhaps both? On projects BIM infrastructure. premium in 3D multi-tasking BIM of 3D models for mar- where the design team has not environments. Likewise, the created a BIM(s), or where bIm hardWare: CosTs keting presentations and beyond sofTWare general consensus within the wow! BIM is already on the the BIM(s) are un-available industry points towards 64- master list of information to you, are you nonetheless Generally speaking, BIM bit system architecture. As technologies that are direct- going to create a BIM from software is computationally BIM file size and computa- ly tied to a contractor’s per- the 2D documentation? Will demanding and BIM files tional demands continue to formance and bottom line. you do this modeling inter- are large – often in excess of grow, access to more RAM Place BIM alongside email, nally or will you outsource 100MB per model depend- will only prove sound plan- your scheduling software, or it? Will this be the same pro- ing on the software, project ning. Additionally, contrac- mobile devices. 2D is dy- cess on every project? What type, your data management tors need to address hard- ing. Just as CAD replaced about 4D (scheduling) capa- scheme for the project, etc. ware considerations at the hand-drafting, so is BIM re- bilities? Will you also look Multiply this single model server level as well. While it placing CAD - in both tool to the model to inform your file size times multiple mod- can present a challenge, bud- and process. Try remaining quantity take-off and esti- els from stakeholders across geting new hardware costs competitive without BIM, or mates? Will you be using a federated BIM and you’re along with the initial outlay sustaining it on decades old the BIM(s) to assist with sus- dealing with large amounts of for BIM software licenses is infrastructure. It will prove tainable analysis and LEED an absolute necessity. Em- data. While BIM collabora- difficult, if not impossible. certification efforts? What ployee perception of BIM, tion tools such as Autodesk® Accordingly, contractors are the owner’s expectations which is directly influenced Navisworks® and Solibri® need to develop a strong, for the BIM(s) as part of the by their daily user experi- Model Checker are effective flexible BIM technical infra- deliverable package at close- at collapsing and managing ence with the tools, is driven structure to meet the present out? What BIM products are in large part by BIM tool large amounts of data from head-on. your typical partners on the performance – which in turn multiple stakeholders into a design and sub-contracting is driven by hardware speci- bIm sofTWare: mappIng side currently using? What federated BIM, it’s still safe fications. Buying the car, but you needs is the most effective way to to say the days of KB-sized CAD files are quickly fading not filling the tank with gas The contractor has multiple manage licenses between the or paving the road can lead office and job-site trailers? into the past. Accordingly, AGC NYS CORNERSTONE Fall 2010 choices before him when putting new BIM software to a frustrated driver and a considering which BIM The answers to these types larger company-wide BIM of questions are crucial in on old machines with dated software to deploy. How specifications simply won’t failure as a result of stunted will you get from “Design” mapping a complete strategy personnel by-in. for BIM software purchases. work. BIM to “Means & Methods” BIM Networks: BIM? Are you going to re- Building a software matrix All the major vendors pub- Connecting Employees model the design team’s that clearly maps long-term lish their BIM software’s ba- and Data BIM(s), or simply utilize strategy, project contract re- sic hardware requirements, the model(s) supplied to you sponsibilities for BIM, soft- and most of them offer their BIM software is inherently as-is for clash detection pur- ware features, costs, needs, suggested recommendations collaborative – and col- poses? Will you need BIM wants, and limitations is one on top of those. In building laboration means networks. authoring software, or BIM of the first critical steps in a strong BIM infrastructure While BIM can be used in continued on page 52 51 ASSoCIATe’S CoRNeR Office BIM to Trailer BIM (continued from page 51) isolation, the highest return project’s contractual deliv- ments of the whole. Grant- to reduce and better manage on investment is realized ery requirements and geo- ed, there will be designated project risk. when all stakeholders are graphical realities, contrac- BIM team leaders and/or bIm: The fuTure Is noW simultaneously contributing tors might find themselves information managers, but model content to a federated entertaining strategy around everyone needs to under- In practice, success with BIM, and have access to the VPN, remote desktop or stand basic ground rules. A BIM consists of two key content contributions of oth- WAN acceleration solutions first step in setting protocol components; software and ers to that same federated (hardware, software or both might be to create a matrix the processes to effective- BIM, in as close to real-time – and typically on both ends). of BIM access with read- ly utilize that software to as possible. Thus, aside from This may seem unlikely for only vs. direct manipulation enhance productivity and addressing data management some contractors right now, clearances, and then install improve the bottom line. procedures regarding BIM but as more and more owners the free, read-only viewers Building a strong BIM tech- content authorship, owner- demand IPD type delivery from BIM software vendors nical infrastructure is a nec- ship, access and reliability - methods, contractors could (e.g. Bentley® View V8i, essary first step. Beyond as is being done in emerging find themselves co-locating, Navisworks® Freedom) ac- selecting the right software, form contracts such as the or real-time collaborating cordingly. Without setting contractors need to prepare AIA E-202® and Consen- in more design-build-esque and enforcing proper data their workstation and server susDOCS 301 BIM Adden- scenarios where the time- management schemes and hardware, create digital net- dum© - contractors need to delay of FTP is inadequate. protocols you run the risk of works that bring people and consider the network itself. This same forward looking problems or errors quickly data together efficiently, Depending on the BIM soft- lens might also see the rise multiplying and spreading and build procedures that ware in use, contractors of virtual machines (VM) exponentially. For example, both manage new types of might need Cat 5e cabling, for managing IT infrastruc- BIM authoring programs BIM data and incorporate gigabit Ethernet cards at the ture. Contractors would be such as Autodesk® Revit® them into their existing proj- desktop and gigabit switches well served to understand require proper maintenance ect management routines. in the office just to achieve the licensing implications of of both central and local These steps must be taken baseline performance that their BIM software in a VM files. Setting strict standards collectively and comprehen- won’t frustrate users who are deployment environment – for the regular audit and file sively. Leaving anything out manipulating large files in a especially ones that might compacting of the central delays ROI. BIM is replac- Central File(server)/Local include bundled, multi-prod- file, as well as, best prac- ing CAD as the standard of File(desktop) configuration. uct packages. tices for modeling at local care and contractors need to From the physical space side, files must be in place – even bIm daTa managemenT: ready themselves – from the is there room with sufficient when the software offers office to the trailer. everyone’s a bIm/IT phone, power, projection, stop-gap features like “Roll- manager and Web-Ex capabilities for Back”. On the flip-side, one Jay Dougherty, LEED AP BIM clash detection meet- As has already been noted, must ensure that any new is an Associate Director ings? Will similar space be BIM software is inherently standards created to address in Navigant Consulting’s required on the job-site as collaborative and BIM files collaborative BIM software Global Construction Prac- tice where he leads the BIM AGC NYS CORNERSTONE Fall 2010 well? Furthermore, is job- are large. The boots-on-the- and their shared data sources site connectivity adequate? ground reality of these two properly align with exist- Advisory Services Group. A faint wireless signal in a facts means that multiple ing server back-up and/or Mr. Dougherty has exten- remote trailer could become employees will be access- desktop drive-mapping ap- sive experience with BIM the choke point on a BIM- ing and manipulating large pliances or routines already and IPD which he uses to enabled project. While FTP files that are part of a larger in place. Furthermore, con- assist contractors, owners, has become the standard for project-wide collaboration. tractors need to consider how developers, architects, en- large file transfer and is be- This requires that all team new types of project BIM gineers, municipal and state ing highly utilized on BIM- members who are in con- data will be folded into their agencies in the analysis and enabled projects, the near fu- tact with the federated BIM existing project management resolution of complex build- ture may call for additional are at least conscious of the software (e.g. Prolog®) and ing design, construction and techniques. Depending on a data management require- capitalize on opportunities management issues. 52 BARBER-GREENE THE TRADITION CONTINUES Consistent Performance Quality Results, Less Effort Maximize Your Time The technology built into Barber-Greene Today’s paving operations require crews to Commonality and parts availability can help asphalt pavers continues to provide reliable work longer hours, making operator comfort a you proactively schedule your service intervals operation day after day. These high primary focus of Barber-Greene asphalt and keep you on the job. Contact your Barber- performance machines keep money in your pavers. The automated controls, comfortable Greene dealer for more information. pocket and increase your profitability year stations and good visibility will help get you after year. through the day. BG655D Track BG600D Wheel BG-2455D Track BG-260D Wheel Standard paving width 8' 8' 10' 10' with cutoff shoes 6' 6' 8' 8' with extensions 20' 2" 20' 2" 24' 2" 24' 2" Horsepower 174 174 224 224 Paving speed (max) 230 fpm 200 fpm 255 fpm 300 fpm Travel speed (max) 9 mph 11 mph 9 mph 14 mph Hopper volume 230 cu ft 230 cu ft 230 cu ft 230 cu ft Weight with front-mounted extenders 39,727 lb 37,251 lb 43,800 lb 40,230 lb Weight with rear-mounted extenders 40,234 lb 37,747 lb 45,380 lb 39,320 lb © Caterpillar 2009 All rights reserved. CAT, CATERPILLAR, their respective logos, “Caterpillar Yellow” and the POWER EDGE trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. P.O. Box 608, Fisher Rd. East Syracuse, NY 13057 (315) 437-7336 Fax (315) 437-7330 Construction Equipment 8033 Transit Rd. East Amherst, NY 14051 (716) 689-1133 53 Fax (716) 689-1136 54
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