BUiLD NEW YORK AWARDS

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					                     Fall 2010
Featuring AGC NYS:

Build
New
York


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       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
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                                                                                  ve
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                                                                                                      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
frances@agcnys.org                                   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:
                                                                  stallmer@agcnys.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.

     Verizon Wireless has teamed up with National Purchasing
     Partners Construction and AGC NYS, LLC to provide special offers
     to qualifying construction companies.

     Qualifying members may be eligible to receive:
        2
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                                                                                                                                                               Contact AGC NYS at
                                                                                                                                                               518-456-1134 today to find out
     Start	saving	today	with	3	simple	steps:                                                                                                                   more about how you can save
     • You must be an AGC NYS, LLC Member in good standing.                                                                                                    22% off your wireless bill, plus
     • Join National Purchasing Partners.                                                                                                                      extra savings on email, internet,
                                                                                                                                                               push-to-talk, and accessories.
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     We’ll put you in contact with a regional representative of Verizon Wireless
     to help guide you through the process.                                                                                                                    companies can get 18% off their
                                                                                                                                                               personal accounts.

     The Associated General Contractors of America has not endorsed this contract. In order to participate, companies must meet all eligibility requirements of the National Purchasing Program Member Agreement, and be a
     Member in good standing with the AGC NYS, LLC.
     VerizonWireless Surcharges (incl. Fed. Univ. 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
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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 jimr@agcnys.org.
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 frances@agcnys.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.



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                                                                                 East Syracuse, NY 13057
                                                                                 (315) 437-7336
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                                Construction Equipment                           8033 Transit Rd.
                                                                                 East Amherst, NY 14051
                                                                                 (716) 689-1133                                                                                                                                                               53
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