CORNERSTONE OFFICIAL PUBLICATION of the AGC of NEW YORK STATE 2011 Build New York

NEWS FOR CONSTRUCTION PROFESSIONALS IN NEW YORK STATE CORNERSTONE OFFICIAL PUBLICATION OF THE AGC OF NEW YORK STATE 2011 Build New York

Award Winners Winter 2011

Also in this issue: The 25th Construction Industry Conference Shale Gas = Job Creation Design Build

Industry Response to Hurricane Irene is Tremendous

10 Airline Drive Suite 203 Albany, NY 12205 GPS Machine Control Lasers Survey

3D-MC2 Twice the speed, twice the accuracy, over any other 3D Machine Control Dozer

From lasers and survey instruments to GPS machine control, ADMAR delivers innovative, easy-to-use Topcon grade management products.

GRS-1 Compatible with all earth moving machines, Topcon products have Network Rover Receiver ONE thing in common— complete job control to maximize YOUR productivity.

ADMAR is the exclusive Authorized Topcon Master Dealer for New York State and offer state-wide service, training, warranty and technical support

Contact Rolf Witt for more information at 585.272.9390

www.admarsupply.com

ALBANY BUFFA LO CANANDAIGUA ROCHESTER SYRACUSE VESTA L WATERTOWN 878 Old Albany Shaker Rd. 1394 Military Rd. 449 Commerce Rd. 1950 Bri-Hen TL Rd. 6014 Drott Dr. 449 Commerce Rd. 26470 US Rt. 11 Latham, NY 12110 Buffalo, NY 14217 Vestal, NY 13850 Rochester, NY 14623 E. Syracuse, NY 13057 Vestal, NY 13850 Evans Mills, NY 13637 T: 518.690.0750 T: 716.873.8000 T: 607.798.0333 T: 585.272.9390 T: 315.433.5000 T: 607.798.0333 T: 315.629.0900 Barrett Paving Materials inc. Paving the way to a better environment

www.barrettpaving.com New York State DOT Approved Aggregates Ask about our Eco-Friendly Porous New York State DOT Hot Mix Asphalt Pavement and Warm Mix Asphalt Contracting Services

(315) 652-4585 FAX: (315) 652-4590 (315) 788-2037 FAX: (315) 786-0748 CENTRAL REGION OFFICE NORTH REGION OFFICE 4530 Wetzel Road 26572 NYS Rt. 37 Liverpool,New York 13090 Watertown,New York 13601

Binghamton (607) 723-5367 Boonville (315) 942-4260 Jamesville (315) 469-3269 Norwood (315) 353-6611 Litchfield (315) 737-9471 Watertown (315) 785-8681 Phoenix (315) 695-3990 Westville (518) 358-9001 Vestal (607) 729-2493

1 They planned a meeTing and no one even called me.

Or maybe they did. Truth is, I’m not that organized. I forget things. And I’m told my planning skills are “lacking.” Milton Cat® on the other hand, is another story. They’ve got a plan for everything. A Maintenance Plan that means fewer surprises and less downtime. You don’t even have to show up. To see how a plan comes together, check out http://mikerowe.catdealer.com/milton-cat

Milford, MA • Wareham, MA • Cranston, RI Brewer, ME • Scarborough, ME • Hopkinton, NH Warner, NH • Binghamton, NY • Batavia, NY Clifton Park, NY • Syracuse, NY • Richmond, VT 1-888-637-0640

©2010 Caterpillar All rights reserved. CAT, CATERPILLAR, their respective logos, “Caterpillar Yellow,” 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. www.miltoncat.com

2 Milt-105B-Cornerstone.indd 1 10/20/10 8:49 AM INDEX FEATURES

07 08

2011 Board of Directors Building a Better Economy Let NY Work Butch Marcelle, Chairman Paul Hartman | The Fort Miller Co., Inc. Michael Benson, Vice Chairman | BCI Construction, Inc. 10 Paul Posillico, Treasurer Message from the Chairman | Posillico Civil, Inc. Vincent Iannelli, Secretary Butch Marcelle

| Iannelli Construction Co. Mark Breslin, Immediate Past Chairman | Turner Construction Co. 18 The Life Blood

AGC NYS Staff Joe Hogan Michael J. Elmendorf II, President and CEO 12

Joe Hogan, VP, Building Services 26 Build NY Award Winners Dennis Kiefer, Member Services Director Recgonizing Bill Bord Brendan Manning, Education & Environmental Director Jim Redmond Stacy Manny, Administrative Assistant Karen Morrison, VP, Transportation & Technical Services Cathy Newell, VP, Operations 31 Walter Pacholczak, VP, Government Affairs Carla Plankenhorn, VP, Finance Scaffold Law Reform Jim Redmond, Safety & Health Services Director Walter Pacholczak Carl P. Zeilman, Director of Communications Dave Zurlo, Data Specialist

Contact us: Find AGC NYS on Facebook 33 Search: AGC NYS Design Build 22 AGC NYS, LLC AGCA 10 Airline Drive, Suite 203 Storm Response is Albany, NY 12205 Tremendous (518) 456-1134 www.agcnys.org 50 Season-end Evaluations The AGC NYS is always looking for good action photos of Jim Norstad those in the building and construction industry. Please provide full identification of all individuals in the photograph. The next deadline for submissions is February 4th. Please e-mail your photo to: [email protected]. 52 Training & Education Calendar NEWS ONLINE ... The Cornerstone current and past issues can be accessed online at http://www.agcnys.org. AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 3 Building Benefits Around You

CDPHP® has been offering customizable, comprehensive health benefits for more than 25 years. Our health plan solutions provide the framework to keep employees healthy and costs under control.

www.cdphp.com

Capital District Physicians’ Health Plan, Inc. Capital District Physicians’ Healthcare Network, Inc. CDPHP Universal Benefits,® Inc.

4 Trying To Get Your Project Off The Ground? Watch it take flight with our team of dedicated partners. Providing solid protection, Aon Construction Services Group delivers world class resources and the right tools to galvanize the success of your project.

David W. Marino Regional Executive Vice President [email protected] 516.396.4422 | www.aon.com Beyond Protection. Partnership. 5 6 Building a Better Economy... One Well at a Time Paul Hartman Chesapeake Energy Corporation

NYS CERTIFIED WBE/DBE n an era of perpetually sour economic news and a recovery from recession that – at best – can be described Ias faltering, there is one story that has failed to gain Offering highway protection the attention it so richly deserves. In Pennsylvania and oth- from the ground up. er areas around the nation, one sector is growing regional economies, investing billions of dollars in operating capital, and turning unemployment numbers upside down. The Shale Gas Revolution is a job-creating revolution. The natural gas industry – through technological advancements in drilling precision – has unlocked affordable domestic-energy sup- plies and, in turn, a solution to our struggling economy. While the natural-gas industry is helping put tens of thousands of Pennsylvanians back to work; revitalizing rural economies; generating hundreds of millions of dollars in tax revenue; bolstering small-business and manufacturing growth and creating opportunities for a host of other industries across the region, New York continues to evaluate, study and repeatedly readjust its regulatory framework. With the past three-and-a-half years spent contemplating how to proceed, we have lost significant economic opportunity and allowed our neighbors to the south and west to take advantage of our continued delay. New data released in October by the Pennsylvania Depart- GUIDE RAIL ment of Labor & Industry further underscores the enormous BRIDGE RAIL economic impact created by responsible production of clean- burning, American natural gas from the Marcellus Shale. HIGHWAY SIGNS Currently in Pennsylvania, 214,000 jobs across the Com- monwealth are tied to the natural gas industry. There were more than 27,000 new hires (core and ancillary) in the first two quarters of 2011. The average wage for these positions is $76,036 – nearly $30,000 greater than the average of all other industries. In August 2011, there were 3,600 industry- related job postings for work in Pennsylvania – an impres- sive feat even in a strong economy and one that many New Yorkers are certainly watching closely as jobs continue their steady flow out of the Empire State. It’s time to produce natural gas from New York’s portion of the Marcellus shale. This domestic fuel production is a criti- With over a decade of proven service, cal part of our nation’s clean-energy solution and a key com- safety and value. ponent for implementing New York State’s Energy Plan and New York City’s PlaNYC. As science has proven time and again, it can be done safely, efficiently and with significant benefit for all New Yorkers. EMI GUIDERAIL, LLC 693 River Road, Schenectady, NY 12306 Ph.518.887.2030 www.emiguiderail.com

7 Message from the President and CEO

Let New York Work: A Common Agenda

for the Common Good By: Mike Elmendorf, President and CEO of AGCNYS

GC NYS played a lead role in toward restoring New York’s economic competitiveness. Abringing together a historic coalition With New York’s property tax burden weighing in at nearly of businesses, local government and 80 percent above the national average--and with property education groups to unite behind a shared taxes comprising the biggest chunk of most New Yorkers’ mandate relief agenda to reduce costs on job creators, local second worst in the nation tax burden, not to mention being governments, school districts and taxpayers alike. the biggest tax on business in our state--the property tax cap was essential. However, even the strongest advocates Joining AGC NYS in “Let New York Work,” as the group for the cap recognize that it cannot succeed without real dubbed itself, are the state’s leading business organizations- and meaningful mandate relief, particularly for local -including the National Federation of Independent Business governments and school districts. (NFIB), Business Council of New York State, Unshackle Upstate and the Farm Bureau. These organizations have That pressing need for mandate relief is what brought the been our partners on many issues over the years. What “Let New York Work” coalition together and drove us to is unique about this effort, however, is that we have been develop a six point agenda for meaningful, substantial joined by the New York Conference of Mayors, the New mandate relief in New York. The proposals we advanced York State School Boards Association and the Council of together include: School Superintendents in advancing a common agenda of reforms to improve our economy. • Making the public employee pension system more predictable by offering two new retirement options to new Passage of Governor Cuomo’s property tax cap--which employees: a reduced defined benefit plan or a new defined AGC NYS strongly supported--was a critical first step contribution plan that is controlled by the employees and does not weigh down taxpayers.

• Redefining compulsory arbitration to benefit local municipalities and taxpayers such as: defining the ability to pay; prohibiting consideration of non-compensation issues; limiting access to binding arbitration; and adding transparency to the arbitration process.

• Freezing step increases when contracts expire.

• Establishing minimum health insurance contribution levels for public employees and retirees.

• Hitting the brakes on new unfunded mandates by requiring a super-majority to impose them.

Most significantly for our industry, AGC NYS fought for and won inclusion of a number of initiatives that would reduce the cost of construction on both public and private projects, providing relief for schools districts, local governments and the private sector alike. The coalition came out in support of the following initiatives to reduce costs and spur investment in construction:

• Reform the state’s infamous “Scaffold Law,” which dramatically increases construction costs by imposing a standard of absolute liability for any gravity related injury 8 on a worksite, regardless of negligence. The proposal would allow the comparative negligence and/ voluntary, non-mandated project or recalcitrance of a worker to be taken labor agreements. into account; essentially giving the As you can see, the coalition’s industry and owners their day in court construction-related agenda on these claims. includes a number of issues that have been industry priorities • Reform the Wicks Law by instituting for years--and which now have a statewide threshold of $10 million the unified backing of not only for its applicability. Currently, the the state’s broad-based business thresholds for Wicks stand at $3 community, but leading local million in New York City, $1.5 million government and education in Nassau, Suffolk and Westchester groups as well. Counties and $500,000 in the rest of the state. AGC NYS and our partners in the coalition will be making • Allow alternative project delivery the case to Governor Cuomo (i.e., design build). and the Legislature that these proposals are exactly the kind of • Use Unemployment Insurance (UI) common sense reforms our state Prevailing Wage tables to determine needs to recover and rebuild. regional prevailing wage rate for We were proud to be a leader projects. The wages are updated semi- in this effort and will keep annually, based on the findings of the you informed on our progress semi-annual Department of Labor toward winning enactment of Occupational Employment Statistics these much needed reforms (OES) survey of employers. Using that would provide much needed Mike Elmendorf, President and CEO of AGC NYS, the UI tables would likely result in relief to the construction industry, is seen speaking at the Let NY Work event at the State Capitol. more accurate wage rates that take taxpayers, job creators, school into account the whole work force in districts, local government--and a particular job title and make it more our economy. likely that the wage rate was truly the prevailing rate.

• Pass the Public Construction Savings Act, which will allow project labor agreements in which participation in the agreement is optional for bidders. Bidders can choose to bid either with or without participation in the agreement, and the owner/agency shall pick the lowest bid consistent with other laws and regulations. This proposal is consistent with AGC NYS’ position on AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 9 MESSAGE FROM THE CHAIRMAN Butch Marcelle, Chairman of AGC NYS, LLC

ow! Where did the time go? It seems like we just met in Grand Cayman yesterday. As you know, the AGC has been very busy during the past year. We hired our new President and WCEO – Mike Elmendorf and he has been busy and focused on learning about our industry, meeting our members, building our team, reviewing and changing our processes, and raising our profile. Mike has and will continue to “get out” and engage our members in their offices and jobsites in an effort to learn, listen and respond to Members’ needs. He and the staff continue to find new and creative ways to increase our clout and impact while providing support and guidance to our Members. I hope you have seen a significant improvement in our communications, responsiveness, stature and energy. Our goal continues to be to provide exceptional service and value to our members while transforming ourselves into the “Preeminent Construction Industry Association in New York State” and the “first called” when matters relating to our industry are being discussed. I would like to take this opportunity to express my sincere gratitude and appreciation to the Members, dedicated staff, Executive Committee and Board Members that steadfastly supported and assisted in the effort to reshape our association. There is still much work left to accomplish and we are fortunate to have: Mike, Paul and Vince at the helm to continue to move us forward out – ahead. It has been a privilege and pleasure to serve as your Chairman during this year. In reflecting, I would be remiss if I did not acknowl- edge the years of dedicated service that was provided to our Association by the Chairmen and Presidents who served with distinc- tion before me and the leadership and wisdom of Jeff and A.J. who forged ahead with the merger. Much has changed and much will continue to change as we learn to “adapt” to the “new normal” and continue to shape AGC NYS to deal with the uncertainties that lie ahead. Thank you and best wishes for a healthy, happy and prosperous 2012. Sincerely,

Butch Marcelle

Construction attorneys with a purpose The client is the most important part of our business.

The client is not dependent on us; we are dependent on him.

The client is not an interruption in our work; he is the purpose of it.

The client is not an outsider in our business; he is a part of it.

The client is not doing us a favor by serving him; he is doing us a favor by giving us an opportunity to do so.

212.634.6355 www.ContractorLawOffices.com 10 Advanced Energy Research and Technology Center

AERTC Receives LEED Platinum Certification

Completed in the fall of 2010, this project includes new construction of a two-story 43,000 SF lab building at the Stony Brook University Research Park. Designed as a lab building de- voted to research on alternative fuels and energy conservation, the building’s construction features many energy-saving technologies. The AERTC has just received LEED Platinum certification— the highest level of certification the U.S. Green Building Council offers. This is the first commercial building to receive LEED platinum certification on Long Island and is among one of the most energy-efficient buildings in New York.

Award: NY Construction’s Best of 2010 Award, Green Project of the Year

RETAIL | INSTITUTIONAL | INTERIORS | EDUCATIONAL | HEALTHCARE

245 NEWTOWN ROAD—SUITE 600 • PLAINVIEW, NY 11803 • 516.921.7100 592 FIFTH AVENUE-7th FLOOR • NEW YORK, NY 10036 • 212.930.1050 WWW.EWHOWELL.COM

12 AGC NYS CORNERSTONE Winter 2011 I just aswilla piece ofNew York granite. team to the client that will stand the test of time, and quality contribution by the contractor and its The award is meant to symbolize a substantial team memberwillalsobeappropriately honored. tion ofthecompany’s efforts. Eachconstruction York, setonasleekblackpedestal, inrecogni of LakePlacidbluegranite, indigenous toNew Each winnerwillbepresentedatriangular piece important contributionstothecommunity. engaged on the work, excellence in safety, and tional service to the industryandtheworkers the conquering ofunique circumstances, excep- needs, innovation in construction techniques, in projectmanagement, responsiveness toclient ed byour10-member jury represent excellence pleted in thepreceding two years. Those select and twohonorablementions for projects com- firms more three We2011honor in to proud are its team. met successfully bythewinningcompany and common –theypresentedchallengesthatwere dinary totheeye,buttheyallhaveonethingin winners. Someprojectsarebeautiful, others or and manyothertypesofstructureshavebeen buildings, office arenas, sports bridges, garages, and private.Hospitals,schools,hotels,parking large andsmall,new renovations, public ects inthestate. Winning projectshavebeen have symbolized the best ofconstruction proj- Since 1990,theBuildNew York Award winners of aproject. and craftspeople who contribute to the success architect, engineer, subcontractors,suppliers manager butalsothemanyothers–owner, not onlythegeneral contractor or construction The awardsemphasizetheconstructionteam, ager members. of itsgeneralcontractor and constructionman- in New York State, and to enhance the reputation By BrendanManning projects inNewYorkState The BuildNYAwardsymbolizesthebestconstruction 2011: positive impact of the construction industry was introduced in an effort to portray the n 1990, the Build New York Awards program Jeffrey J. Zogg

Build New York Award Winners - - - ect. on theproj details complete for 17 see p. Build NYAward.Please a Enterprises, Inc. Lipsky earned The project ter inBrooklyn,NY. Cen- Information and Welcoming Charles ResurrectionCemetery the St. right is Pictured project. p.15 forcompletedetailsonthe a BuildNYAward.Pleasesee Construction Enterprises,Inc. pictured right,earnedMorgan Hospital forSpecialSurgery The EastWingexpansionatthe Please see BuildNY Award Winner onpage15 -

project. the on details complete for p.16 see Please Award. NY Build a Inc. Development, Lancaster earned 2 overInterstateTheproject 87. Route / Route7 State York New of the replacement completed Inc. Development, Lancaster YANKEE STADIUM MTA D-BProjects One oftheFirst Design-Build Follow the STATION PERISHABLES WAREHOUSE ATJFK PANYNJ FirstD-BProject w .halm a rinte n atio l.com Leader President,MNR HowardPermut “It’s thefasteststationever NYSDOT, NYCDOTandNJT. for manyoftheRegion’s leadingagenciesincluding Halmar haspioneeredtheﬁ rst Design-Buildprojects built inourhistory.” Halmar’s NewestD-BProject ROUTE 42REHABILITATION NYSDOT FirstD-BProject Awarded October2011 Making America for50years. Made inAmerica. NYCT FirstD-BProject ZAREGA AVENUE BUS BUS ZAREGA AVENUE TRAINING FACILITY MAINTENANCE & MAINTENANCE & in

NJT FirstD-BProject AVENEL STATION

AGC NYS CORNERSTONE Winter 2011 HNTB Salutes AGC NYS for 25 years of hosting a Premier Construction Industry Conference

Lake Champlain Bridge

High-Speed Rail Accelerated Bridge Construction

• Airport planning and design Albany 1762 Central Ave, Suite 301 • Architecture Albany, NY 12205 • Construction 518-218-5555 • Design-build New York • Environmental engineering 5 Penn Plaza • Highway and bridge design 6th Floor New York, NY 10001 • High-speed rail 212-594-9717 • Public involvement • Rail and public transportation design • Security • Technology ENGINEERS ARCHITECTS PLANNERS • Toll facility and systems design • Urban design and planning • Water resource management AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 14 Build NY Award Winner: Morgan Construction Enterprises, Inc. Hospital for Special Surgery – East Wing Expansion

t the Hospital for Special Sur- Once two new concrete floor decks and skill-sets to the project at-hand. gery, Morgan Construction of protection were in place above, The Hospital for Special Surgery’s AEnterprises constructed five the patients were moved underneath East Wing Expansion Project is a credit (5) new floors on top of an occupied and the other half of the addition was to everyone involved. Morgan was eight (8) story Hospital Building. The constructed in the same manner. The pleased to have been able provide HSS Project added approximately 78,000 construction of these two halves of the with their abilities and to be able to call SF of new floor area and consisted of upper new floors was expedited to min- this project a resounding success. a new Pharmacy and Physical Therapy imize the disruption time and return the facilities on the 9th floor, new Patient entire 8th floor back to the owner for Rooms and Nursing Stations on the normal operations. 10th and 11th Floors, and a Mechanical The building is also situated between Penthouse, Bio-Med Lab and IT Data 71st Street to the North and 70th Street Center on the 12th and 13th Floors. to the South. Delivery, patient, and am- Morgan was the General Contractor on bulance traffic flow on these streets is the Project with a lump sum of approxi- extremely busy during the week, not mately $37 million. The site logistics only for HSS, but the adjacent New for this Project created a very challeng- York Presbyterian Hospital as well. ing scenario for the construction of the Therefore, all major construction de- new floors. As the structure is located liveries and street crane activities were directly over the FDR Drive and adja- limited to the weekends when traffic cent to the East River, extensive mea- activities were at a minimum. sures had to be put in place to ensure The project included the extension of the protection of vehicles on the Drive the structural steel framing and con- and pedestrians on the Esplanade along crete slab on metal deck to construct the river. the new floors. The exterior facade Due to the site logistics and limited required 311 curtain wall panels that street crane time that was available, a were fabricated with a special dual roof-top Derrick crane was incorporat- color frit glass that was imported from ed into the project by Morgan to help Germany. Extensive coordination with expedite the construction of the project. the Hospital management and staff is The Structural Steel Framing Members also another key element of the proj- for the 11th floor were reengineered to ect. The occupied eight (8) floors of carry the weight of the crane and tracks the Hospital remained in operation for were added on top of the steel beams to the full extent of the construction phase allow the crane to travel back and forth with minimal disruption to services and across the structure. The structural steel patient care. for the project was therefore delivered This one-of-a-kind construction project and hoisted up to the new construction is a testament to the fantastic results area on the weekends and the roof top that can be achieved when every single crane was utilized to erect the steel dur- project participant, from laborers to ing the week. CEOs, contributes 110% of their efforts The top 8th floor of the build- Team Members ing was an occupied patient floor that had to be kept in operation. Construction Manager: Morgan Construction Enterprises, Inc. In order to safely construct the Owner: Hospital for Special Surgery new addition, one half of the new Architect: Cannon Design floors above were constructed Project Engineers: Ysrael A. Seinuk P.C. - Structural, Cannon Design – Mechanical while half of the patient floor be- Contributing Team Members: Paige Menner – LEED Consultant low was evacuated. Please see Build NY Award Winner: on page 16 15 Build NY Award Winner: Lancaster Development, Inc. Replacement of Rt.7/Rt.2 Over I-87

he New York State Department SPUI in New York State. Constant communication with vendors, of Transportation (NYSDOT) The project required constant commu- subcontractors and the NYSDOT Struc- TContract D260830 called for nication with Lancaster Development, tures office was imperative to make the Replacement of the NYS Route 7 / Inc. (LDI), NYSDOT Design and the this project a success. The multiple Route 2 over Interstate 87. The project Subcontractor in order to make this a phases of the project required that ma- is in the Town of Colonie with a sat- successful project. Communication terial and subcontractors needed to be ellite site in Rotterdam for a Wetland was also needed to the traveling public on the project at the right time because Mitigation area. via press releases due to this being on of the lack of room and the critical time a major commuting route and near sev- requirements. Without the coordina- eral retail shopping centers. tion efforts of all involved, this project would have been a very difficult proj- The intent of the design of the bridge ect to complete in the time constraints replacement of the Interstate 87 Exit 6 given in the contract documents. Bridge depended heavily on the reduction of impact on the traveling public. The project needed to be controlled by 136 construction phases and sub-phases. LDI created an in- depth Critical Path Method (CPM) schedule to manage all of these constraints. LDI worked closely with the owner to monitor the CPM and the status of all 136 phases. Several of these phases required that 1-87 ramps be closed over a week- end while the relocation of the traffic took place. These closures were 24 hours a day and needed to be sched- uled and planned down to the hour. The CPM was an integral tool in the building and monitoring of the schedule. LDI utilized The intent of the design was to bring three dimensional modeling in the structure up to current standards the construction of the project. and to relieve traffic congestion in that This allowed the project team area without taking any additional right to address any design issues of way. with the owner before construction began. The 3D mod- The NYSDOT decided to accomplish el also gave the management these requirements utilizing a Single team the ability to plan ahead Point Urban Interchange (SPUI). The and optimize the construction SPUI has efficiencies that allow it to areas for each phase before eliminate the traffic lights that would be traffic was moved. at each end of a typical diamond interchange, and replace it with a single set Team Members of signals. It is these efficiencies that allow the interchange to handle larger General Contractor: Lancaster Development, Inc. volumes of traffic flow. The choice of Owner: New York State Department of Transportation the SPUI required the DOT to design Project Engineers: New York State Department of Transportation and construct a one of a kind bridge. Contributing Team Members: Jeff Kenyon – Project Superintendent This is the first structurally supported

16 Build NY Award Winner: Lipsky Enterprises, Inc. St. Charles Resurrection Cemetery Welcoming and Information Center

n August 2009 Lipsky Enterprises, on job perfection and strict adherence Inc. was selected as the recipient to the requirements of LEED Certifica- Iof the Church’s trust and awarded tion. In addition to weekly Project meet- the single lump sum prime contract and ings where typical construction issues full responsibility for the construction were handled, Lipsky was required to of the new Center. coordinate schedule changes on a daily As the major structure on the virtually basis with the Owner for each day’s flat Cemetery grounds, the Welcom- funerals. The owner provided Lipsky ing and Information Center would be a with the daily funeral schedules so their focal point; visible for great distances Project Supervisor could make sure the in all directions. As the gatekeeper for construction activities would not inter- all Cemetery visitors and business, the rupt the families during each funeral. multi-function building would also There was an average of 15 funerals contain offices for administrators and per day and there were days when as burial site consultants, and, of course, many as 38 funeral processions would a Sanctuary for prayer and contempla- pass by the construction site. tion. Lipsky took on the contractual respon- Lipsky handpicked a construction team sibility of assuring the Owner that the Center would be completed and opened on - time, and within budget. There were no punch list items at the completion of the Center and the Owner moved right in for a 6 day a week continuous occupancy. Although the physical requirements for the Center were quite WBE Certified straightforward, the intangibles were significantly more com- sk S. KLAHR, INC. plex and highly subjective. For Window Coverings Since 1902 the Church, the Center would represent a major undertaking that was both sensitive to and apprecia- of expense and commitment that would tive of the daily needs of the Owner be expected to serve for decades upon and its clients. Project manager, Eddie decades. Hasemann, who has been part of Lip- sky for almost 30 years, headed Lip- Team Members sky’s construction team. One of the best examples of Lipsky’s commitment General Contractor: Lipsky Enterprises, Inc. to excellence in Project management Owner: Diocese of Brooklyn involves the fact that the Cemetery was Project Engineers: Roger Smith of Burton, Behrendt, Smith Architects always active and very busy. Therefore, Contributing Team Members: Eddie Hasemann, P.M., LEED AP Craig Jackson, J.S. their on site Project supervisor, Craig Architect: Roger Smith of Burton, Behrendt, Smith Architects Jackson, in addition to being competent with a keen eye for detail, needed to be both adaptable and flexible in order to handle the daily interruptions necessi- tated by funeral processions. The Owner and the Architect insisted Please see Honorable Mentioned on page 44-45 17 Payment on Construction in New York State - The Life Blood By: Joe Hogan, VP Building Services

every two weeks. When the contrac- the owner or his designated agent. If, tors asked how soon they could expect therefore, the contract calls for pay- payment upon submitting the requisi- ment requisitions to be submitted to tion, the owner immediately responded the Architect or Construction Manager/ everal years ago, I was called in with a question of his own. “How soon Agent, that is when the 30 day clock to facilitate partnering on a pub- will you pay your subs after the District starts ticking - not when that entity Slic school project in the South- pays you?” was the query to which the submits the requisition to the owner. ern Tier. Actually, I was called by the contractors (almost in chorus) respond- If the payment is not made within that school’s architect and attorney to dis- ed, “How quickly would you like us to timeframe, interest is due and owing to cuss liquidated damages they were pay them?” The resulting plan was to the contractor for each day the payment contemplating (justifiably so) a very pay the primes in seven days with the is late. While rare, some enlightened large daily LD on a medium sized proj- proviso that the primes would pay their owners automatically pay that interest. ect with multiple primes that was to be subs within 48 hours after that. This For most, however, you have to make completed over the summer. Having was an owner and a team that under- claim for it. Section 139f of State Fi- convinced them to engage in Partner- stood the value of cash flow as the life nance Law governs most State agen- ing as a better means of completing the blood of a project. While this was not cies, public benefit corporations and project on time, we began with a work- the only reason for a great success of public authorities. It is nearly identical shop. In the course of the workshop, it this project, it was certainly a major to the provisions of Section 106b with became clear that that issue of payment factor. one key exception – the 30 day clock would be one of the keys to success of There are few issues of greater impor- does not start ticking until the payment the project. The owner was convinced tance on a construction project than requisition is delivered to the owner. of the value of allowing requisitions those related to payment. In New York For both sets of law, no more than 5% State, there are rules/laws retainage may be held on each progress that must be considered payment excepting that when perfor- for both public and pri- mance and payment bonds are not re- vate work. Moreover, quired (Section 137 of State Finance there are basic rules of Law demands at least payment bonds industry practice, equity for projects over $200,000), 10% re- and good sense that must tainage may be held. Upon substan- be applied. tial completion, the law states that the The Laws - Public Work owner is to promptly pay the remain- ing contract amount less two times the Section 106b of Gen- punch list and an amount necessary to eral Municipal Work satisfy any outstanding claims, liens or sets forth the payment judgements. While the law does not requirements for Local call for further retainage to be held, Governments/Municipal there are some (including a judge 26 Corporations and School years ago) that believe retainage to be Districts for both Build- a punch list item and, therefore, it can ing and Civil/Highway be held beyond substantial completion work. These owners are or even final completion. I view that required to pay the con- argument as a bit silly. Not only does it tractors, within 30 days fail to understand what retainage is for, of the requisition, the it sets up a circular argument the theo- approved amount less retically creates a situation where the retainage. (Note: In rare project is never truly complete. Punch cases such as with Towns, list items are to be released as they are 45 days is allowed) The completed. Once they are all complet- 30 day clock starts with ed, final completion occurs. the formal, non pen- cil copy, submission to 18 Payment on Construction in New York State - The Life Blood

Subcontractor Retainage: As to sub- payments, reasonable rules may be set Further, is was and is our contention contractor retainage, the same rules forth in the contract relative to those that these laws would be “honored in apply in that the prime contractor can payments. Such rules may deal with the breach” meaning that, while there the proper storage of are myriad remedies in the law for vio- those materials, owner lations of this law, contractors will not accessibility to those ma- want to burn bridges by making full terials and special insur- use of those remedies except in very ance. That said, once the egregious situations. That latter view decision has been made has largely been borne out. to make such a payment, Here are some of the rules: As be- the same payment/retain- tween owner and contractors, the law age rules apply as are generally is a default law that kicks noted above. in where the payment terms were not Substitution of Securities agreed to up front in the contract. In for Retainage: Section addition, the law provides remedies 106 of General Munici- where the terms have been violated. pal Law and Section 139 The default timeframes generally are: hold 10% retainage excepting that he of State Finance Law allow contrac- 30 day billing cycle, payment approval can hold no more than 5% if the sub- tors to substitute negotiable securities, in 12 business days, payment in 30 cal- contractor has provided performance such as municipal bonds, for retainage. endar days after approval and limited and payment bonds. It is critical to While some strictures are allowed to be reasons to withhold payment. Retain- note here that unless the subcontrac- put in place by the public owner, such age must be, by mutual agreement, a tor has been asked for performance as a small processing fee, this is not “reasonable amount.” From contractor and payment and has been unable or an option for the public owner – they to subcontractor, however, it gets a bit unwilling to provide those bonds, the must allow it. Contractors well versed stickier, the subcontractor must be paid prime cannot hold the 10% retainage. in this practice have NOTE: Due to Federal Rules, special improved cash flow by laws govern federally funded highway utilizing this tool as a work related to retainage. Generally, routine practice. such matters are governed by Section The Law – Private 38 of Highway Law. Specifically, it is Work not allowed at any level. I will reserve long-winded commentary on this pro- Several years ago (and hibition except to state that with the modified a couple years large array of subcontractors on build- ago) the NYS Legis- ing projects and given the lump sum lature enacted Article nature of building contracts, retainage 35-E of General Busi- has proven a useful management tool ness Law in an effort to that both public owners and general provide some rules rela- within seven days of payment receipt contractors would be loath to give up. tive to payment on private construction by the contractor and retainage must projects valued over $250,000. (The be the same as that held by the owner. Stored Materials: Relative to payment law does not apply to 1, 2 and 3 family for materials stored off site, there is no There are no specific provisions as in homes). The then GBC opposed this the public work laws noted above rela- strict legal obligation on the part of the legislation as unnecessarily invading public owner to pay for those materi- tive to whether bonds are provided. on the prerogatives of private parties That said, I would argue that as long as als. While it may not be necessary in to fully negotiate and agree to payment all cases, there are numerous circum- the terms of the owner/contractor and terms and conditions. Unlike public contractor/subcontractor agreements stances related to performance, sched- contracts which are contracts of adhe- ule and equity that dictate an owner are identical relative to retainage, that sion, the parties are relatively equal practice should hold up. should make such payments. Given business entities who are capable of that an owner is willing to make such reading and negotiating those terms. Winter 2011 AGC NYS CORNERSTONE Please see Life Blood on page 24 19 NEW MEMBERS Welcome

GC NYS continues to recruit high-quality General Contractors, Specialty Contractors, and Associate Members. Our membership list reflects the top contractors in New York State who stand behind the tenets Aof skill, integrity, and responsibility. If you are a quality contractor looking for an association that can provide advocacy, training, education, safety, and above all, solutions, then look to the AGC NYS. Here are the latest new AGC NYS members:

CONTRACTOR MEMBERS AsSOCIATE MEMBERS

John P. Picone, Inc. Central Turf & Irrigation Supply 31 Garden Lane 8 Williams Street Lawrence, NY 11559 Elmsford, NY 10523 www.johnpicone.com www.centralirrigationsupply.com (516) 239-1600 (914) 347-5656 Putrelo Building Enterprises Colony Hardware 9273 Grange Hill Road, Suite 200 150 Stiles Street New Hartford, New York New Haven, CT. 06512 www.putrelobldg.com www.colonysupply.com (315) 737-3124 (203) 466-5252

Titanium Construction Services Maine Technical Source 247 W. 30th Street, 6th Floor 2634 James Street New York, NY 10001 Syracuse, NY 13206 www.titaniumconstructionservices.com www.maintechnicalsource.com (212) 986-4753 (800) 322-5003

SPECIALTY CONTRACTOR Weston & Sampson 22 High Street Jorrey Excavating Inc. Rensselaer, NY 12144 160 Bart Bull Road www.westonandsampson.com Middletown, NY 10941 (518) 463-4400 (845) 692-2755

Specializing in pavement markings on asphalt and concrete for highways, parking lots, airports and running tracks

Certified MBE/WBE/DB

(518)- 220-2000 STRAIGHT LINE INDUSTRIES, INC. 5 Arrowhead Lane, Cohoes, NY www.Straightlineindustries.com AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 20   

         AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 21 Industry Storm Response By: Karen Morrison, AGC NYS Vice President of Transportation & Technical Services

n late August, much of New York ing approximately 145 miles of impassable roads. Within State was devastated by a one- only 9 days, NYSDOT and the emergency contractors had Itwo punch from Hurricane Irene reopened all but eight bridges and 15 road segments, leaving and Tropical Storm Lee. These storms approximately 20 miles of impassable roads. pounded the area with unprecedented The two storms, plus a tornado, left ten of the locks on the rainfall and left roads, bridges and canals damaged and out Erie Canal system closed; six of these suffered extensive of service. Loss of infrastructure and property was huge and structural and erosion damage to movable dams and lock in many communities the impact will be permanent. structures from Lock E-8 through Lock E-13. Before full Facing widespread road closures and disruption, New York navigation can be operational, the Erie Canal will be dredged State and the construction industry jumped into action. When from Lock E-8 through Lock E-14 due to the significant de- Governor Andrew M. Cuomo called for a rapid response, posits of river stone and sediments. the NY State agencies and construction industry delivered. The Thruway suffered damage as well. Erosion damage During the Emergency Declaration, the NYS Department at multiple locations through- of Environmental Conservation and the Ad- out the New York and Albany irondack Park Agency each Divisions temporarily closed waived some permit require- segments and restricted travel. ments thus allowing work to The most extensive damage begin immediately on the wa- was at the bridge over Route terways and roadway washouts. 5S in Montgomery County NYSDEC alone issued over where the substructure fill was 3,000 permits in 30 days time eroded away by the Schoharie to expedite the response. Best Creek flows that had jumped Value, Design-Build and stan- course. Workers were able to dard Design-Bid-Build methods stabilize the substructure by were used to let nineteen proj- accessing from the top and ects during the weeks following then completing work be- the storms. Additionally, exist- low. ing Emergency Stand-by and Job Order Contractors were called in In addition to the instant within 24 hours of the events to response by over 250 Thruway em- clear roads and stabilize sites. ployees from New York, Albany and Syracuse Divisions and over 200 Canal employees from Albany and Syracuse Divi- Nearly 400 Road Segments and One Third of the Canal sions, the Thruway activated nine contractors to begin imme- System Incapacitated diate efforts to repair the eroded canal walls and reroute the “The two storms wreaked havoc on our transportation sys- Mohawk River back into its channel and reopen and restore tem, closing nearly 400 roads and bridges and disrupting the damage on the Thruway itself. Hundreds of thousands rail and air travel across 36 counties,” NYSDOT Commis- of tons of material have already been trucked and placed sioner Joan McDonald said. “Thanks to Governor Cuomo’s so that the canal can reopen for a two week period allow- leadership, DOT’s proactive response and the great work ing stranded vessels to continue their trip east before winter of our construction industry partners, most of New York’s shutdown. All segments of the Thruway are now opened and roads and bridges were quickly reopened to traffic. It was the last slide will be repaired upon award of an emergency a tremendous effort — New Yorkers helping each other and contract which was let in November. “A Herculean effort demonstrating the true meaning of serving the public.” while maintaining a safe travel way and safe work areas.” When Hurricane Irene struck on Aug. 28 and 29, it closed The Numbers nearly 200 roads and bridges on the state highway system. “With Governor Cuomo leading the charge, the state was Just as most of New York’s transportation infrastructure able to preposition people and equipment so that they could was getting back to normal, Tropical Storm Lee slammed respond quickly once the storms moved out,” Commissioner the state with winds and rain on Sept. 8 and 9. The result McDonald said. “When the rain and wind subsided, State AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE was the closure of 37 bridges and 181 road segments total- workers and highway construction contractors answered the 22 Industry Storm Response Is Tremendous By: Karen Morrison, AGC NYS Vice President of Transportation & Technical Services

Governor’s call for a quick recovery. They worked day and suffered catastrophic damage, and portions of the Batten Kill night, in some cases, to get highway repair and reconstruc- Railroad in Rensselaer County. tion completed so that roads and bridges could reopen to Tropical Storm Lee caused widespread rail damage across traffic, ensuring that people can get where they need to go.” the Southern Tier. Most dramatically, a soil failure led to From Aug. 29 through Aug. 30, NYSDOT deployed approx- the collapse of large section of CP Freight Subdivision, with imately 1,550 crew members, 2,400 maintenance staff and the debris burying the northbound lanes of I-81, just north of 1,000 pieces of equipment to affected areas, particularly in Binghamton. Rail service has been restored there and along the eastern Adirondacks, Northern Catskills, Capital Region, all other rail lines that Tropical Storm Lee struck. Mohawk Valley, Hudson Valley and Southern Tier. These The impact on our infrastructure is enormous and facilities forces dedicated over 200,000 work-hours on repair work, that were in need of repair are in the same or worse condition tree and debris removals, traffic signal repair, GIS data col- now. Some facilities required complete replacement while lection, flood cleanup, and assessment and evaluation of some were abandoned. With over $39 million in emergency storm damage. All of this accomplished over a three-week contracts awarded in response to the storms, and over one storm response period. dozen stand-by contracts contributing to the restoration, the Damage was dramatic for rail roads as well. At the height cost is expected to top $100 million in total storm damage of the storm, every major rail route in eastern New York was here in New York. We cannot be led to believe that these severed by flooding or washouts. As a result, there were no emergency expenditures have resolved any of our infrastruc- viable routes for freight or passenger traffic between New ture needs. If anything, the disaster has served to highlight England and the rest of the country. By the end of that week, how critical our roads, bridges, rails and utility infrastructure however, all major rail routes but one – Metro-North’s Port are to being able to serve the people of the State of New York Jervis line – had been restored to service. Less critical lines safely, efficiently and reliably. also suffered significant damage, some of which has yet to be Contractors who have mobilized thousands of workers, hun- repaired. That includes tourist lines in the Catskills, which dreds of pieces of heavy equipment and expedited delivery of millions of dollars worth of materials include the following AGC NYS members. Add to these the dozens of truck- ing firms, quarries, concrete and asphalt plants, steel and precast concrete fabricators, and more, and you may begin It Pays To Partner to understand the truly statewide effort that has gone into putting NY back together again. Thank you all for work With Enterprise. well done!

Using a professional fleet management program •Bette & Cring LLC, Latham helps lower fleet related expenses, provides access to •Cardona & Sons, Inc., Schenectady alternative lines of credit and improves your company’s image with branded, well-maintained vehicles. •D. A. Collins Construction, Mechanicville •Gorick Construction, Binghamton Contact us to find out how you can start taking advantage of these cost savings today. •Halmar International, Croton-On-Hudson •Harrison & Burrowes Bridge Constructors, Glenmont Carl Grady Tim McConiga 973 709-2441 973 709-2439 •James H. Maloy, Loudonville [email protected] [email protected] •Kubricky Construction Corp., Wilton •Lancaster Development Inc., Richmondville •Peckham Road Corp., Lake George •R. DeVincentis Construction, Vestal •Reale Construction, Plattsburgh Enterprise and the ‘e’ logo are registered trademarks of Enterprise Fleet Management, Inc. All other trademarks are the property of their respective owners. © 2011 Enterprise Fleet Management, Inc. B06277_3.25x4.5 4/11 MJ •Schultz Construction, Ballston Spa •Vacri Construction, Vestal

Winter 2011 AGC NYS CORNERSTONE 23 Life Blood Continued from P.19 While these provisions are not, on their face, offensive or • Reduction in retainage to zero upon satisfactory perfor- out of line with good industry practice, the most troublesome mance. Each subcontractor would be subject to the same part of the law is part of the most recent changes. It allows opportunity. for the contractor or subcontractor to submit the claim of a • Ability to substitute negotiable securities for retainage. violation of the law to binding arbitration administered by AAA (American Arbitration Association). There may be • Opportunity for early release of retainage for early finish- many legal questions as to the enforceability of this provi- ing subcontractors and for partial use or occupancy. sion. With that said, however, I am concerned that a dis- • Payment for stored materials. gruntled subcontractor may place a general contractor in a • Payment to contractor made within 20 days of application. precarious situation between the claim risk and his relation- ship with a client. • Payment made to subcontractor within seven days of payment to general contractor Pay When Paid – While I don’t wish to get into great detail about the lien law (AGC NYS has a Guidance Document), it • Ability to stop work after seven days notice which can be is important to discuss briefly the “West-Fair” case as it re- made if payment is seven days late. This applies to subcon- lates to payments to subcontractors. Suffice it to say that the tractors as well. decision in the case holds for the proposition that contingent • Interest on late final payment. payment/“pay-if-paid” clauses in contractor/subcontractor As stated above, the payment process that maintains regular agreements in New York State are void and unenforceable as positive cash flow is critical to project success. Unnecessary being violative of Section 34 of the Lien Law. Should you strictures in the payment process are likely to have a nega- cling to such provision in your contract, it may render all the tive impact on schedule, performance, reaction to owner protections you otherwise have in the payment provisions needs and, over the long term, price. The list of best prac- moot. What is allowed in New York State are “pay-when- tices noted above are guidelines. In some cases, however, paid” clauses. The somewhat unanswered question relates even more aggressive processes such as payment every two to how long “when” is. Many have sought to require sub- weeks, may be warranted. contractors to exhaust their lien rights while others, such as ConsensusDOCS 750 have simply relied on the term “reasonable.” I would submit that Article 35-E of General Busi- ness Law may answer the question or, at least, provide the Home on your Range remedy.

Best Practice At Maine Drilling & Blasting, we know With all that as background, the question is this – what is local service is important to our considered “good industry practice” when it comes to pay- customers. That’s why we have ment provisions? For that, I would suggest you look to local offices, each operating the payment provisions found in ConsensusDOCS. While independently, with experienced similar, if identical, provisions are found in the other Con- sensusDOCS contracts, I am focusing on those found in Ar- people who live and work nearby. ticles 4 and 9 of ConsensusDOCS 200 (Owner/Contractor Local decisions, quick quotes. Agreement) and Articles 4 and 8 of ConsensusDOCS 750 You need us, we’re there. (Contractor/Subcontractor Agreement). I cite these because We know the territory and are they have been negotiated and endorsed by owner, contrac- right at home on your range, tor, subcontractor and surety organizations, a reading of the because it’s our range, too! clauses confirm their fairness and good common sense and So, if you’ve got rock, call us because, the AIA documents no longer represent the level for safe, local service you of fairness on the payment provisions that they once did. Without citing each and every clause, below is a list of the can count on. key provisions: • Owner is obligated to provide continuous proof to the contractor (and contractor in turn is to provide such information to the subcontractors) of the owners’ ability to finance and pay for the work. (For guidelines and language on this, review ConsensusDOCS 290 and 290.1) 518-632-9170 7190 State Route 40, Argyle, NY 12809 • Retainage percentage is not stipulated. It is a fill in the blank portion. 10% is not uncommon given the next point. www.mdandb.com the Northeast’s local drilling & blasting company AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 24 Clockwise from top left:  Hamburg Drain Screening Facility, Buffalo Design and installation of temporary tieback anchors for support of excavation.

 Townsend Towers, Syracuse Design and installation of micropiles 140 feet to rock for building rehabilitation project.

 Union Station Expansion, Toronto Installation of over 800 micropiles in the basement of existing railroad station for below grade expansion.

 Turnwood Road Along Beaverkill Creek, Ulster County Installation of permanent soldier piles and anchors for roadway widening and stabilization.

 CNSE Nano Fab West Expansion, Albany Design and installation of 154 micropiles for new nanotechnology fabrication facility.

Upstate New York 315-834-6603 NY/NJ Metro 201-489-1700 For a complete listing of offices, visit: www.HaywardBaker.com

GROUTING GROUND IMPROVEMENT EARTH RETENTION STRUCTURAL SUPPORT DESIGN-CONSTRUCT SERVICES AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 25

Recognizing a Career of Service By Jim Redmond, Director of Safety Services

end of the day it was to help a contractor support of safety principles commands his Decem- that was in need. Bill loves this indus- the greatest respect from all facets of ber, contrac- try and especially the people in it, a fac- the construction industry. Safety’s most tors from tor which surely makes Bill a recognized hardened critics become his most loyal T authority in the safety arena. I personally disciples after spending just minutes with across New York State will gather to cannot think of anyone that is more de- Bill. While his breadth of knowledge is participate in the 25th annual AGC Con- serving of this Life Time Achievement what makes his word solid and his mes- struction Industry Conference. Registra- Award. sage gospel, Bill’s charisma is his most tion for this event typically exceeds 900 The AGC NYS Construction Industry effective tool. Bill’s use of humor to participants and it is the largest construc- Conference event has come a long way communicate on delicate subjects breaks tion industry conference in New York since its inception and the infamous meet- down institutional barriers that oftentimes State. This year’s conference will be ings at the Friar Tuck Club are a thing of prevent progress. Whether interacting even more special because the AGC and the past. When I think about Bill retiring, with Federal, State or local governments the construction industry are presenting a that infamous saying seems to be on tar- or even with his own peers at construction Career Service Award to a safety icon and get for me, “they do not make them like safety meetings, his fervor commands at- legend, Bill Bord. that anymore.” tention. When I first arrived in 1995, it did not Emmett McDevitt, a long-time colleague Mr. Bord has mentored dozens of safety take me long to meet my counterpart in and friend of Bill, offered the following professionals throughout the years and AGC’s sister chapter, Bill Bord. At that comments, “Bill Board started off his has become the ‘Godfather’ of safety to time, Bill was the Safety Director of career in industrial safety and hygiene those in the industry; someone everyone AGC Highway. Lucky for me, Bill was with several chemical companies around goes to seek advice. His willingness to already a seasoned safety professional the country. He even worked for a brief help others is exceeded only by his wealth who seemed to know everything and ev- time with NYSDOT. Bill worked for of industry knowledge. He has been a erybody. It did not take long for me to many years with the Associated General member and vital asset on AGC’s Safety Contractors and has worked direct- Committee and is the industry’s most per- ly with large highway and build- suasive supporter of safety and personal ing contractors. While with AGC, responsibility. He has helped countless Bill was responsible for Construc- contractors in negotiating fair and reason- tion Safety and provided assistance able mitigation for safety deficiencies, through training, outreach and lend- while using those opportunities as teaching expertise to the industry in mak- able moments to learn and improve. He ing the workplace safer and assist- has been proactive in not only teaching ing contractors in complying with the laws and regulations related to safety, safety regulations and industry stan- but putting a human side on the outcomes dards for health, safety and hygiene. of not being safe. He maintains great re- Bill’s greatest contribution to safety spect and admiration from those regulato- has come from his years of knowl- ry agencies whose job it is to ensure safe- edge and experience working with ty and compliance with the various laws realize that the highway folks really relied the contracting industry in and around and regulations. Bill is also a dedicated on Bill when it came to a site safety issue, New York State. and loyal husband, father and grandfather. He is a true inspiration.” training, or when dealing with OSHA. Bill uses his decades of personal experi- I would call Bill periodically to seek ad- ence to teach others of their personal re- vice and to find some answers. The thing sponsibility for safety on every project about Bill that struck me the most was and program. The cornerstone to Bill’s his willingness to provide me with assis- success is his passion for, and dedication tance as I learned the ropes concerning to safety throughout the industry. How- construction safety. As time has passed, I ever, Bill’s most valuable strength comes have come to recognize that Bill’s advice from his ability to communicate, primar- was sound and true. Bill always helped ily with humor, to the construction indus- because he wanted to and he knew at the try. Bill’s personal experience and ardent AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 26 AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 27 MARVIN® COMMERCIAL SOLUTIONS

Marvin provides an extensive range of window and door solutions that can fulfill most any commercial project requirement.

Super Enterprises congratulates Lipsky Enterprises, Inc., our partner, who earned the 2011 Build NY Award.

For information about Marvin Commercial Solutions Contact Chris Geiger, Territory Manager (800) 48-MARVIN x267 [email protected] AGC NYS CORNERSTONE Spring 2011 AGC NYS CORNERSTONE 28 New York’s “Go-To” Construction Law Firm

The G&C Building Contact 66 North Village Avenue Henry L. Goldberg Rockville Centre | New York 11570 Managing Partner Phone 516.764.2800 | Fax 516.764.2827 [email protected] www.goldbergconnolly.com

Visit Tracey’s AGC web page.

Scan the QR code or go to http://bit.ly/vKQUJh

www.traceyroad.com AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 29 30 Q & A With the Lawsuit Reform Alliance

on Scaffold Law Reform By: Walter Pacholczack, Vice President Government Affairs

and we need to show that to our legisla- First, talk to your legislator. Don’t as- tors. Third, unlike years past, we have a sume that they know the issue. I still hear state government that is working, and a myths like, “taking away the rights of Governor who has shown he is willing to people to sue” or “less money for injured push for reform. Put those three things workers” from legislators who have been homas Stebbins was recently together and you realize that the time for around for years. We need to continue to named Executive Director of the meaningful reform is now. educate them and continue to show the Lawsuit Reform Alliance of New profound negative impact this law has on T Q3. Talk about the recently launched York (LRANY). LRANY is a new orga- our economy and our government. Sec- nization dedicated to fighting for compre- scaffoldlaw.org. Why should people ond, join the coalition and connect with hensive legal reform in New York. AGC visit the website? others around the state who are inter- NYS President & CEO Mike Elmendorf The website is a great place to find the ested in reform. Lastly, help us spread and I serve on the Board of Directors most up-to-date information on the scaf- the word. The general public does not along with the US Chamber of Com- fold law. Just last week we highlighted a know anything about the scaffold law, so merce, NFIB, Business Council, Farm case against the Rochester School District let them know. Talk to fellow members Bureau, Unshackle Upstate and others. that illustrated how much the scaffold law of your local clubs or send a letter to the Recently, I spent some time with Tom for affects our local government budgets and editor at your local newspaper. You can a Q&A session about the recent accom- by extension New York taxpayers. The find lots of helpful materials at www. plishments of LRANY. week before, we shared a case that was scaffoldlaw.org. decided in NYC that vastly increased the Q1. Tom, what did you do before be- Q6. What is on the horizon for scaffold scope of the scaffold law – contrary to law reform? ing appointed Executive Director of the Trial Bar’s claims that the case law LRANY? is narrowing the scope. Lastly, you can We hope to continue to expand the co- Prior to joining the Lawsuit Reform Alli- get updates on the coalition and the prog- alition to include the municipalities and ance, I developed wind farms for Horizon ress we are making in Albany, like press school groups we partnered with for Wind Energy, the third largest developer clips, new members or the recent study Let New York Work. We have also sent of wind energy projects in the world. I completed by SUNY-Albany showing a letter to every member of the Gover- spent four years developing wind farms the costs of lawsuits on municipalities. nor’s Regional Economic Development Councils and are looking forward to see- from Maine to Maryland, including some Q4. Talk about the supporting organi- projects here in New York. During my ing scaffold law reform on the agenda of zations of scaffold law reform. Why did those local councils. Also, SUNY Al- time in wind energy, I worked closely they join and what are they doing? with civil, environmental and electrical bany will continue to refine their study contractors, so I know many of the chal- Our coalition is a diverse group of busi- to focus on cases like the Town of Am- lenges contractors face here in New York. ness organizations, local Chambers of herst, which was recently caught up in a I also successfully negotiated and passed Commerce, contractor groups and other scaffold suit that may cost the town over pro-wind and pro-development regula- groups like the Farm Bureau. I have been $20m. We need to focus on stories like tions at the local level, so I know how working with these groups to get the word that to ensure this issue approachable for seemingly small regulations can vastly out to their members. I recently spoke the public and the Legislature. The Trial affect the cost of a project. at the Erie County Farm Bureau and the Bar uses stories to cover the facts and so Construction Exchange of Western New we need to use stories to supplement the Q2. What makes you think that NYS is York, among others, and I look forward facts. ready for scaffold law reform? to speaking at more events and gather- We have a number of things working in ing support for this reform. We have also our favor right now. First, our state des- succeeded in getting scaffold reform on perately needs jobs and other states have the agenda of other coalitions LRANY shown that scaffold law reform can bring is a part of, like the Let New York Work jobs. Second, the recently passed tax coalition and the Main Street Business cap is shining the spotlight on municipal Alliance. We want to make sure as many budgets. Municipalities spend millions people as possible are talking about scaf- each year to settle scaffold law claims fold reform in Albany. and millions more in high insurance rates Q5. What can the construction indus- and high costs of construction. Much try do to help support scaffold law re- of this cost is driven by the scaffold law form? AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 31 • Micro Milling/Surface Planing/Profiling • Rumble Strips • Cross Slope Correction • Precision Accuracy with Sonic Multi-Plex Averaging and Level-Pro Controls • Full Clean Up Support; Sweeping/Chipping • Water Trucks • Full Depth Base or Quality. Reliability. Teamwork. Shoulder Removal • 2’, 3’, 4’, 7’ and 12.5’ Milling Widths • Asphalt Paving 1-866-MILL-USA MILLING www.villagerci.com

MM033-Villager ad (7.5 x 4.75) 1-11.indd 1 1/12/11 4:23:34 PM

AGC of America Releases New Lean Construction Curriculum

ean Construction strives to minimize costs and maximize value on each project completed. Everyone related to the construction process has incentive to Lget the project done faster and at a lower cost. To develop the tools needed to build Lean, the AGC of America developed the Lean Construction Education Design Build Program (LCEP). Construction professionals at all experience levels will learn the building blocks necessary to transform their projects and companies to a Lean operating system. esign-Build is a project delivery method in which one firm assumes Lean Construction is responsibility for both the design a set of ideas based D and construction of the project. This more in the holistic pursuit collaborative process was developed in the of continuous im- private sector, but is being used increas- provements aimed at ingly in the public sector as well. In fact, minimizing costs and according to the Design-Build Institute of maximizing value to America (DBIA), Design-Build is allowed clients in all dimensions of the built and natural environment. On a corporate level, in the public sector in all 50 states in some Lean is most effective when embraced by all areas of the company. All project team form. The June 6, 2011 edition of Engi- members must work together on a daily basis, incorporating Lean principles into neering News-Record (ENR) stated that their work, to see the true benefits. federal stimulus funding and a growing in- AGC’s LCEP is a series of courses covering essential Lean topics, including: terest in alternative financing, such as Pub- lic Private Partnerships, are fueling the use •Variation and pull in production of Design-Build. •Streamlining the construction gemba Despite the broad acceptance of Design- •Problem solving principles/tools Build, in the current challenging economy the use of alternative project delivery •Production management methods have taken a bit of a hit as some •Lean workstructuring, supply chains, and assembly owners have returned to Design-Bid-Build seeking the lowest price. Interest in alter- •Management by values native project delivery among owners re- •Integrated project delivery mains high, but the desire for the lowest One Awareness Module and Three Credentialing Modules price in the current down economy is too difficult for some owners to ignore. One Build a Foundation - Explains what Lean is and how to prepare to take on the prac- challenge with Design-Build has long been tice with the LCEP awareness units. These programs put you in the right mindset to the cost of putting proposals together. Al- move toward Lean. though stipends are typically offered, they Bronze Level – Successful completion of the introductory units qualifies individu- do not often cover the full cost of develop- als for the bronze level assessment and a chance to earn the Lean Construction As- ing a proposal. Costly proposal develop- sistant Credential. These classes provide a total of 56 training hours on the essential ment makes it challenging for small firms concepts of Lean. to compete. Silver Level - Successful completion of the intermediate units qualifies individuals With the construction industry gradually for the silver level assessment and a chance to earn the Lean Construction Associate moving to a more collaborative approach and owners looking at a broader range of Credential. A series of in-seat and online classes, including the AGC’s popular BIM options to deliver their projects, the use of 101 course, the intermediate units provide 45 training hours. alternative project delivery methods like Gold Level - Successful completion of the advanced units qualifies individuals for Design-Build should continue to grow in the gold level assessment and a chance to earn the Lean Construction Practitioner both the private and public sectors. Credential. Provided via webinar these topics round out your Lean education with 72 training hours. For more information visit the AGC of America website at www.agc.org/ LCEP. AGC NYS CORNERSTONE Fall 2011 AGC NYS CORNERSTONE 33 BST

Member Sponsors

ince 1926, the Associated General Contractors of New York State, Sthe largest contractor association in New York State, has been the leading voice for the general contractor and construction industry before government, public and private construction users, architects, engineers and all others that have an impact on our industry. Today, AGC NYS membership consists of more than 700 members doing the vast majority of the road and bridge construction, commercial, industrial and instituional building in New York State. The membership has one thing in common: QUALITY. AGC NYS comprises quality contractors providing competi- tive quality products to public and private owners in New York State. AGC MANNING SQUIRES HENNIG NYS continues to provide substantive and timely services and programs in the same fashion. The continuing support of our membership, even in troubled economic times, reinforces the importance of the association’s mission. We thank those who have helped under- write this special edition of the Corner- stone. If you are interested in advertising in the 2012 Spring edition, please contact Carl Zeilman, Communications Director of AGC NYS at:(518) 456-1134 or email: [email protected].

34 BBL Construction Services Couch White, LLP Manning Squires Hennig Co., Sano-Rubin Construction Co. 302 Washington Avenue, Ext. 540 Broadway 8426 Seven Springs Road 624 Delaware Ave. Albany, NY 12203 Albany, NY 12201 Batavia, NY 14020 Albany, NY 12209 (518) 452-8200 (518) 426-4600 (585) 343-5365 (518) 462-6471

B.R. Fries & Asscoiates, LLC Eastman Associates, Inc. Massa Construction Inc. Thalle Industries, Inc. 34 West 32nd Street 6 Railroad Ave 630 Pre-emptive Rd. 51 Route 100 New York, New York 10001 Oneanta, NY 13820 Geneva, NY 14456 Briarcliff Manor, NY 10510 (212) 563-3300 (607) 432-7803 (315) 789-8667 (914) 762-3415

Bollam, Sheedy,Torani & Co. The Fort Miller Co., Inc. McKissack & McKissack Turner Construction 26 Computer Drive West P.O. Box 98 150 West 30th Street - Suite 1200 22 Corporate Woods Blvd. Albany, NY 12205 Schuylerville, NY 12871 New York, New York 10001 Albany, NY (518) 459-6700 (518) 695-5000 (212) 349-6500 (518) 432-0277

Construction Risk Partners Luck Builders Monroe Tractor W.M. Schultz 450 7th Avenue - Suite 405 73 Trade Road 1001 Lehigh Station Road Construction, Inc. New York, New York 10123 Plattsburgh, NY 12901 Henrietta, NY 14467 P.O. Box 2620 (646) 625-7100 (518) 561-4321 (585) 334-3876 Ballston Spa, NY 12020 (518) 885-0060

Contractor Sales Company L.M. Sessler Excavating &Wrecking Plan & Print Systems, Inc. 121 Karner Road 1257 State Route 96 N. 6160 Eastern Ave Albany, NY 12205 Waterloo, NY Syracuse, NY 13211 (888) 468-5479 (315) 539-3353 (315) 437-5111

The JPW Companies

New York State’s First AISC Certified Steel Fabrication and Erection Facility

Hydraulic cranes to 600 ton capacity with super lift and luffing jib Dave: (315) 374-5912 Don: (315) 374-5868 6376 Thompson Road Crawler cranes to 650 ton capacity with luffing jib Syracuse, NY 13206 www.jpwriggers.com

www.jpwriggers.com AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 35 IS IT TIME TO HIRE A CFO? By: Richard E. Gavin, CPA, CCIFP, Partner

s your company grows, certain internal positions may need to be added and/or replaced with more qualified Apeople. A critical component of this is the financial department. When the day-to-day maintenance of financial matters fails to assist your company in truly meeting its expansion goals, then it’s time to ask, “Is it time to hire a CFO?” If your internal financial systems are not providing timely and accurate financial information; if you are relying on schedules prepared outside the accounting system to manage your business, then its time to evaluate your internal systems and staff. Growing companies face the challenge of identifying when it is time to add the CFO level to the financial department. Un- derstanding the key differences and relative merits between a Controller and CFO may help you make your decision. Generally speaking, a Controller plays more of a supporting role than a CFO in an organization. They focus primarily on details, handling day-to-day inquiries and internal affairs, managing accounting records, and dealing with budgeting and organization. In short, they “control” the company’s finances, ensuring their efficient delivery, processing, and flow. On the contrary, a CFO handles the “big picture” and should have knowledge of financial reporting and accounting. CFOs have a more strategic role in the organization and are responsible for the planning of financial goals and processes and analy- sis of internal information, rather than their implementation. Your company’s CFO should understand business funding and capital structures and be able to identify tax and market risks. However, the absence of a CFO in a growing company can result in inaccurate or incomplete financial reporting, mis- management, missed tax savings opportunities, general inef- ficiency, and, in some cases, serious unrecognized financial problems. At best, the lack of a CFO could be holding you back from effectively utilizing your resources and realizing your company’s full financial potential. So, when is it time to separate the roles of Controller and CFO? A good time to invest in a CFO is when your company is rapidly expanding, the overall daily activities are becoming overwhelming for your Controller, and you require a closer watch on certain aspects of your business or need more experienced financial planning for further ambitious expansionary projects. As your company continues to expand and succeed, consider whether having a dedicated team member for financial planning and management would be a smart decision for your organization. Contact your financial advisor for more information on whether a CFO is right for your company. AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 36 AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 37 38 ProfileS IN PROFESSIONALISM

Stacy Manny Administrative Assistant

Hometown: Latham, NY Brief description of your AGC NYS job: I am the first line of contact between Members and our staff. I also assist the entire staff with whatever projects they need help with. What do you most enjoy about AGC NYS: Getting to learn about the construction industry while also getting to interact with so many great people. What has been your greatest AGC NYS achievement: My greatest AGC achievement would have to be that I have become proficient in the various software programs in use at the office. Also, avoiding the temptation of the delicious candy bowl that sits in front of my desk - at least most of the time. Educational background: Bachelor of Arts from Russell Sage College in English and Political Science. Current hobbies: I like to consider myself an amateur beer connoisseur and to compensate for my unhealthy habit, I love to run and do Zumba. Favorite saying: “Everything happens for a reason.” Same superior product. Brand new name.

Walter Pacholczak Now there’s a permanent name for portable power: Doosan. Formerly a division of Ingersoll Rand, we’re Vice President of Government Affairs the product that construction and mining companies worldwide have relied upon for 140 years. Known Hometown: Staten Island, NY for innovative solutions and extraordinary service, Brief description of your AGC NYS job: Vice Presi- we’re the same superior product as always. The only dent of Government Affairs. The role of government change is the name. affairs professional is constantly changing because advocacy is becoming increasingly expensive and more sophisticated. My primary focus is to strengthen and develop close relationships with the Executive and Walter S. Pratt & Sons, Inc. Legislative branches but coalition building, fundraising, federal relations, 317 Columbia St. and engaging in local politics are important assets that I bring to AGC NYS. Rensselaer, NY 12144-2920

What do you most enjoy about AGC NYS: The diversity, quality and www.PrattandSons.com commitment of the AGC NYS membership. Phone: (518) 465-1549 Educational background: Wagner College. BA Political Science. Toll Free: (800) 613-4738 Current hobbies: Aside from spending time with my family, I enjoy poli- Fax: (518) 465-0712 tics, cigars, golf and running. (800) 633-5206 DoosanPortablePower.com Favorite saying: I know this is cliché but “all politics is local” by former Find Us on ©2011 Doosan Infracore Portable Power House Speaker Tip O’Neill. It has many applications outside of the political world. 39 Our Team: Your Blueprint for Success

In the construction and real estate industry, financial concerns involve much more than simply financial reporting and personal and corporate tax planning and compliance. In addition to these services, BST’s construction specialists will help you turn challenges into opportunities in the following areas:

Construction claims preparation, management and defense w Project fraud and forensic investigations w Litigation support services w Dispute resolution w Expert witnesses w Surety consulting w Business valuations w Worker’s compensation audits w Independent Private Sector Inspectors General (IPSIG) monitor w Job cost accounting system review, implementation, and training

26 Computer Drive West 28 West 44th Street, Suite 2010 Albany, NY 12205 New York, NY 10036 Tel: (518) 459-6700 • (800) 724-6700 Tel: (212) 661-8640 www.bstco.com AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 40

The Dutchess County Rail Trail - Success Through Teamwork

he Dutchess County Rail Trail is an abandoned challenge was the rehabilitation of a 250 foot, 5 span bridge railroad bed of the Maybrook line developed into over Sprout Creek which was more deteriorated than an- Ta multi-use biking, running and walking trail. Now ticipated. Also, pedestrian walkways were built over three completed, it is a 12-mile linear park stretching through roads. the heart of Dutchess County from Morgan Lake on the To create the biking, running and walking surface, the Town/City of Poughkeepsie border through the towns of existing roadbed was covered with crushed stone (item LaGrange and Wappinger, to East Fishkill at the Hopewell 4) placed with a paver, then an asphalt binder course and Junction hamlet. asphalt top course. The asphalt biking, running and walk- Due to the trails complex engineering and environmental ing trail is 10 feet wide with a 6 foot gravel tread alongside challenges, it was constructed in four phases. Recently, A. for runners and walkers who prefer a softer surface. Thalle Colarusso and Sons completed the final phase with asphalt Industries supplied the crushed stone and asphalt for the and aggregate materials supplied by Thalle Industries, Inc. 10 foot wide hard surface and their Trail Mix for the soft Not only is the Rail Trail a successful project for the people gravel tread path. of Dutchess County, it is a case study in successful team- “Thalle Industries provided a very professional level of work. In this case the successful team includes supervision communication and cooperation. They produced materials by Dutchess County, the construction expertise of A. Colar- to our schedule and delivery where and when we needed usso and Sons and the coordinated production, and timely it,” Dave LaSpada, A. Colarusso and Sons. supply of quality materials by Thalle Industries, Inc. The project was worked to a strict deadline because The primary contacts for Dutchess County were Gregory Dutchess County wanted the Rail Trail opened by Memo- Bentley, Director of Engineering and his assistant, Matthew rial Day. So whenever there was a setback or problem, lost Dutcavich. The A. Colarusso and Sons full-time project time had to be made up. The tight schedule required a lot of superintendent was Dean Pullman and the project manager materials delivered in a short amount of time. A. Colarusso was Jason Arrack. For Thalle Industries John Amato - Sales and Sons and Thalle Industries were in daily communica- Manager, Eric Billings - Quarry Superintendent, Dave Fitz- tion for planning and general project coordination to keep gibbons and Joe Linda - Asphalt Plant Operations. materials supply on schedule. This final phase was to build a 7 mile long - 16 foot wide The Rail Trail opened on Memorial Day 2011. People from biking, running and walking trail on the abandoned railway. all over Dutchess County and beyond now enjoy it daily. There were construction and schedule challenges because of a very deteriorated roadbed, which was little more than a strip of grass through the woods, and the repair of existing concrete culverts and small bridges. A major schedule National Reach. Personal Touch. The basis for every successful construction project is a solid financial foundation. We bring a team of professionals with construction experience to serve your needs. We don’t just speak the language – we think the language of the construction industry.

221 S. Warren Street | Syracuse, NY 13202 (315) 472-9127 | Fax (315) 472-0026 www.dmcpas.com Contact: Kenneth C. Gardiner

41 AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 42 FOX & KOWALEWSKI, LLP

ATTORNEYS & COUNSELORS AT LAW

Laurence I. Fox Edward Kowalewski, Jr. Brendan R. Wolf Experience matters. We have over 60 years of combined experience representing the construction community. We offer personal attention, prompt service and reasonable fees.

Four Old Route 146 P.O. Box 958 Clifton Park, New York 12065-0802 ______Telephone (518) 383-0200 Facsimile (518) 383-1510 E-Mail: [email protected] AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 43 Build NY Honorable Mention: Tully Construction Company Rehabilitation and Resurfacing of the Nassau Expressway

he Nassau Expressway is a vital three major intersections along link in the transportation network the Nassau Expressway/Rock- Tof Southeastern Queens, serving away Blvd corridor because of as a connector highway for passenger the heavy truck traffic entering and commercial traffic between John F. and leaving the freight and dis- Kennedy International Airport, the Van tribution areas of JFK Airport. Wyck and JFK expressways and the The uniqueness of the precast Belt Parkway. It is also a sensitive and slab system was that they al- crucial route for trucks and emergency lowed for a concrete road to vehicles. be installed over night and the The project was to make repairs along roadway to be reopened to traf- the full 3.5-mile length of the Nassau fic each morning. Expressway between Cross Bay Bou- The procurement and release levard and Farmers Boulevard. Repairs of long lead items such as the also had to be made along the 2.5- bridge steel & bearings for mile section of Rockaway Boulevard fabrication of five Superstruc- between Farmers Boulevard and the tures was based on Tully’s field Nassau County line as well as to ramps survey before the project was connecting the Nassau Expressway awarded. This advancement with the Van Wyck and JFK express- and risk taking of ordering the ways. steel before the construction The main improvements to the Nassau plans were approved and shop Expressway were the rehabilitation of drawings were submitted was seven bridges on the Western end of the critical to the success of bring- project. Three bridges, the Nassau Ex- ing the project in under budget pressway over the Van Wyck Express- and with early completion. The way, Lefferts Boulevard and 134th potential delay that could have Street, have received complete super- been caused by waiting for all structure replacement (460,000 KG the approvals was avoided. of Structural Steel). Two others, Belt Work was expected to be com- Parkway over Nassau Expressway and pleted in June 2011. The job Nassau Expressway over South Con- was completed over 6 months duit Avenue, have undergone replace- ahead of schedule with comple- ment of the concrete deck pavement tion of the last bridge in De- (~8000 SQM of Bridge Deck including cember 2010. ~320,000 KG of Rebar) and structural steel repairs. The JFK Expressway ramp over the Team Members Nassau Expressway ramp and the Nas- sau Expressway Bridge over the Belt General Contractor: Tully Construction Company, Inc. Parkway received repairs to the bridge Owner: New York State Department of Transportation Project Engineers: pavement and were painted to protect Gannett Fleming Engineering and Architects P.C. against weather deterioration. A major portion of the projects included the use of 1200 precast concrete slabs at the intersection of Rockaway Park- Jeffrey J. Zogg Build New York Jury way and the major commercial access points for JFK airport. Although designed into the job by the design engineer, the innovation here is that this was the largest project of its type in the state and the first one in the five boroughs of New York. This work was done in AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 44 Build NY Honorable Mention: Kirchoff-Consigli Construction Management,LLC Hancock Center for Emerging Technology – Marist College

nder a CM at Risk agreement, suites on the ground floor and two Kirchhoff-Consigli was hired levels of classrooms above. The suites, Uto manage the preconstruction which include a technology showcase; and construction of the Hancock Cen- collaborative work/study spaces; and ter for Emerging Technology. a back-up disaster recovery center for The Hancock Center is the new home IBM, are developed as a naturally-lit for the School of Computer Sci- gallery punctuated by windows and ence and Mathematics; occupying a doors which open out to a quiet patio prominent site at the heart of Marist for seasonal gatherings and functions. College's campus and sitting atop a Kirchhoff – Consigli was able to bluff overlooking the Hudson River. prevent runoff and construction debris With its rustic stone walls, red brick contamination, even though the build- window surrounds and limestone ing was constructed along the banks of detailing, the Hancock Center carries the Hudson River. They also main- forward the quiet Gothic architectural tained a zero incident record; keeping tradition established by the Marist the students who slept just a stones Brothers at the turn of the 20th cen- throw away safe from the site which tury. contained 30' of cranes, holes, and The 54,000 SF "L" shaped-building scaffold. improves the definition of two of the The building was delivered three campus's green spaces, the Hudson months prior to the start of the fall Meadow and the Quadrangle. The semester with an added $5M of CO main entrance is located at the base of work, including an independent "sum- a generous stair tower that serves as mer slammer" parking lot and quad- a beacon for the college; visible from rangle. the campus entry gate and from across Kirchhoff – Consigli partnered with the river. A second entrance off the two of the most renowned entities in Meadow offers 24-hour access to the their fields, Marist College and Robert building’s three computer laboratories. Stern Architects, to complete this To the West, a three-story wing pro- masterpiece hundreds of thousands of vides offices for faculty and adminis- dollars below the original estimates. trators as well as conference and semi- nar rooms; a lower level tucked into The building is now used as a teach- the slope of the site accommodates ing tool for the students; opening their offices and computer labs. The North eyes to the wonders of the construc- wing houses technology development tion industry. Team Members

Manager: Kirchhoff – Consigli Construction Management, LLC Owner: Marist College Architect: Robert A.M. Stern Architects Engineers: Thornton Tomasetti, Inc.; Kohler Ronan, LLC; Rhode Soyka and Andrews

The jury was made up of representatives of last year’s winning companies, AGC NYS Jeffrey J. Zogg Build New York Jury Associate Members, and other industry experts. They included Jury Chairman Rich- ard Schneider (Northeast Construction Services, a LeChase Company), Ron Bagoly (CSArch), Craig Dailey (King & King Architects), Jeff DiStefano (Harrison & Bur- rowes Bridge Constructors), Lonnie Dorsey (Sheats & Associates, P.C.), Bill Held (State University Construction Fund), Vic Macri (VMJR Companies), Claude Rounds (RPI), Anthony Vero (Aurora Contractors) and Frank Vero Jr. (Aurora Contractors). Missing from the photo: Joe Foglietta (NYS DOT), Keith Giles, PE, LS (GPI / Green- man-Pedersen, Inc.) AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 45 CoNstRuCtioN MateRials testiNg + iNspeCtioN AsphAlt • soils • ConCrete • MAsonry • struCturAl steel full seRviCe aasHto aCCRedited laboRatoRY

607-235-2006 1813 Route 7 • Harpursville, NY www.advancetesting.com

46 Financing Public & Private Construction_acg_ad_print.pdf 1 11/22/11 10:27 AM

Financing Public & Private Construction in Today’s Economy

M Driving Development in New York State February 29, 2012

CM MY This program will explore the value of investing in vertical and CY Register Online CMY horizontal infrastructure, along with some unique ways to provide NOW! K for that investment. We’ll address the roles the different markets play in economic health, and what it takes to put a financing deal construction.com/ events/2012/finance together for a private construction project.

Topics to be addressed include: Attendee Fee:

• Unique Financing of Infrastructure Projects $295 in Today’s Political Reality • How Can Project Delivery Play a Role? • Financing Private Projects: What Does it Take to Put a Deal Together? • The Role Public & Private Universities Play • The New Energy Infrastructure

FPPC2011ACG

47 The Excitement is Building !

Marist College, Hancock Center for Emer

ging T echnology

48 PLEASANT VALLEY, NEW YORK | KIRCHHOFF-CONSIGLI.COM A Look Back ... AGC NYS Construction Conference 1987

t all started under the leadership of Jim Keeler, AGC New York State Chapter, Inc. President, and Franklin White, NYSDOT Commissioner – the creation of a joint AGC-DOT event with the tag line “Working Together to Rebuild New IYork.” The NY highway construction industry gathered in Saratoga Springs for two half-days. There were just 4 concur- rent workshops on the first afternoon and a single work zone safety workshop after breakfast on the second day. With over 400 people attending the inaugural event, the value was apparent and the immediate result was improved communication and understanding between the Department and the Industry. The Excitement is Building ! The successful format of that first event has been expanded and carried on over the years to this year’s 25th annual event hosted by the AGC of New York State, LLC and named the Construction Industry Conference. Attendance has grown to nearly 1,000 attendees. The trade show has changed from a few tables to a fully fledged trade show of over 50 vendors with booth displays and equipment previews. Industry representation now includes all phases of building, heavy-civil and transportation design and construction. Our partnering agencies have also grown to include the Dormitory Authority of the State of New York, State University Construction Fund, Office of General Services, and the New York State Thruway Authority. Of COUCH WHITE, LLP course, New York State Department of Transpor- Counselors and attorneys at law tation continues to provide significant support and participation. AGC appreciates these part- Our business is knowing what it takes to succeed nerships. Marist College, Hancock Center for Emer A recognized leader in New York Interesting trivia from 1987 to 2011: Construction Law for more than 23 years • Mario Cuomo was the governor of our state; now his son serves in that role. • The first cellular telephones were being used – ging T they weighed about 10 pounds and had to be car- echnology ried in their own briefcase! Now we carry them in a pocket. • The fathers of many of our current association leaders were chapter leaders in 1987 and a few of those past leaders are still active today. The vitality of this event is a testament to the dedication of the leaders of New York’s construction industry and we all look forward to 25 more years of growth and partnership.

Our Construction Leaders: Pictured (top, left to right): David G. Anderson, Harold D. “Chip” Gordon, Joel H. Howard, III and Michael T. Wallender. (Seated): Jeremy M. Smith, Melanie J. LaFond and James J. Barriere

Arbitration Lien Law Claims Litigation Contracts Surety Environmental Labor & Employment

Albany, NY • Washington, DC • Farmington, Connecticut • New York, NY 518.426.4600 • www.couchwhite.com

PLEASANT VALLEY, NEW YORK | KIRCHHOFF-CONSIGLI.COM 49 Benefits of End- of-Season Evaluations Jim Norstad Milton Cat

he end of earthmoving season is a good time to make sure that the machines that you’ll be counting on next Tspring will be ready to deliver when you need them to. A well-done machine evaluation allows you to budget cor- rectly for maintenance, repairs and parts; it’s a useful tool for deciding whether to repair a machine, trade it, or budget for a new one, and it provides great value as documentation at selling time. Some equipment owners may assume that machine evaluations are for “the big guys”. The question should be turned around – can a two-machine contractor afford to begin a season without knowing with certainty that his equipment is go- ing to perform for him, or without a firm figure in mind for making sure it will? At the other end of the spectrum, many large companies find it advantageous to have machine evaluations performed by their dealer; chances are their dealer has more knowledge, depth, and years of experience than their own people do, as dealer technicians are continuously trained by the manufac- turer on the latest technologies. A dealer also brings objectiv- ity to any given machine and that can be key. A closer look at a good evaluation: In general, machines with 6,000 - 8,000 hours are good candidates for an evaluation. Cab, frame, body, booms and lift arm are care- fully looked at to see whether the gauges are working prop- erly, and to identify leaks and check for loose joints, cracked booms and cracked or chafing hoses. All fluid cavities are sampled and an- alyzed and fil- ters for each system are cut open, inspect- ed for debris and replaced by new ones. Builders Supply Next comes a thorough inspection of all systems; powertrain, Est. 1968 hydraulics, cooling and electrical, done by running the machine, checking cycle times, transmission, hydraulic pres- sures and temperatures for all systems against specifications. A complete evaluation typically is done at the customer’s location and takes four to six hours performed by both a service technician and parts and service sales rep (PSSR). An- 4701 Veterans Hwy other two to three hours are needed for the PSSR to prepare Holbrook, New York a final report, accompanied by a line item quote detailing 631-585-7171 the cost to make repairs. Then, the decision is the machine owner’s, but whatever route they choose, they’ll take it with confidence. www.GTSBuildersSupply.com AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 50 Dewatering your site JUST GOT EASIER…

godwinpumps.com/Godwin-Flygt receive a copy of our new Dewatering Handbook.

Announcing the availability of the Flygt 2000 and 5000 series electric submersible pumps for construction and mining. Flygt’s history of innovative product engineering, coupled with Godwin’s reputation for superior products and services presents you with the most comprehensive dewatering product and service solution. With a broad network of locations to serve you throughout the United States, you can now satisfy your surface-mounted and submersible pumping needs from one, comprehensive dewatering solution provider. Visit our website at godwinpumps.com for the Godwin location nearest you.

51 AGC Training and Education Calendar

AGC NYS, LLC Training and Education Calendar AGCA Training and Education Calendar

For more information on the courses below, For more information on the courses below, please visit the calendar at: www.agcnys.org please visit the calendar at www.agc.org

30 Hour Safety and Health Outreach Program Metrics in Construction: Performance Measures That Matter Date: December 13 - December 16 When: December 15, 2011 Tues 9-5 p.m. Wed, Thurs, & Friday 8-4 p.m. Where: Online Location: 3001 Brockport Road, Spencerport, NY Time: 2:00 PM - 3:30 PM ET

OSHA 30 Hour Safety and Health Outreach Program 2012 Conference on Surety Bonding and Construction Date: January 17 - January 20 Risk Management All Day, Tuesday-Friday (8am-5pm) January 30 - February 1, 2012 Location: AGC NYS Office, 10 Airline Drive, Suite 203, Albany Ritz Carlton, Naples, Florida

Financing Public and Private Construction in Today’s Economy Construction Project Management in the 21st Century Date: February 29 — 8am-5pm When: February 16, 2012 Location: McGraw-Hill Auditorium, 1221 6th Ave, NY, NY Where: Webinar Time: 2:00pm - 3:30pm EDT AGC Project Manager/Engineer Development Program Module: Leadership AGC’s 93rd Annual Convention Date: February 9-10 March 13- 17, 2012 Location: AGC NYS Office, 10 Airline Drive, Suite 203, Albany Honolulu, Hawaii

The Activist NLRV: What Employers Need to Know 2012 AGC’s Contractors Environmental Conference Date: January 11 June 7-7, 2012 Location: AGC NYS Office, 10 Airline Drive, Suite 203, Albany Arlington, VA

52 53 Building Blok AGC NYS’ The project manager is notified and everything is logged. New Member • Mobile Application - BuildingBlok’s mobile application allows users to stay connected with iPhones, iPads and An- ustin Nolan, CEO and Founder of Buildingblok, an on- droids to create, manage and track punchlists, photos, RFIs, line construction management system, is a new member tasks and view blueprints while in the field. of the NYS AGC. Justin used his experience at Hill In- BuildingBlok currently is running $400,000,000 + worth of J 5090_TS_AGC_NYS_Ad 11/22/11 10:59 AM Page 1 ternational to build a fantastic, easy to use online construc- projects. Some of the notable current clients are Indiana Uni- tion management system that saves time and money while versity, American Capital Energy and the EDiS Company. increasing communication, transparency and accountabil- ity. Its unique iPhone application bridges the communication divide between the office and field and delivers real time updates to all users. BuildingBlok was developed to be extremely easy to use. It’s not built on hard to use legacy software, so setting up an account takes only a few minutes. You can set up a project by yourself and BuildingBlok even has help wizards to guide you through the set up phase. Most online systems charge by the number of users you invite to join and/or by the number of files you upload to the system. BuildingBlok offers unlimited users and unlimited file storage. The goal of the BuildingBlok system is to get EVERY- BODY (subcontractors, managers, architects, engineers and owners) involved in your project to log in and work off the same platform. Best of all it is, by far, the most cost effective construction management system on the market. Some of the services provided by Building Blok include: Congratulations to AGC • Free Invitations to Bid - BuildingBlok’s preconstruction New York State on 25 Years! phase allows you to create an invitation to bid, invite an unlimited number of subcontractors, upload an unlimited From your friends at number of bid files and addenda and track who is bidding, RFIs and even allows subs to upload bids directly through the system. • Construction Management - Create, manage, and track RFIs; ASIs; Submittals; Change Orders; payment applica- 866-385-6221 TheSagamore.com tions; daily reports; punchlists and more. Even better, subcontractors can login and easily create any of these documents from anywhere where there is an internet connection.

54 55

President Makes 3 Percent Withholding Repeal Law Winter Meeting in n November 21, President Obama signed into law St. John, U.S.V.I the 3 Percent Withholding Repeal and Job Creation OAct. The law permanently repeals the requirement that federal, state, and large local governments begin withholding 3 percent of each payment of $10,000 or more to a contractor after January 1, 2013. January 20-25, 2012 The bill signing is the culmination of a five-year effort by AGC, chapters, members, and industry stakeholders to repeal the 2006 provision. The multiyear campaign produced a significant bipartisan victory in an era when bipartisanship seldom happens. During the repeal campaign, AGC mem- Register today: bers made a concerted effort to get co-sponsors, educate industry partners such as public officials, subcontractors and www.agcnys.org suppliers and get 3 percent repealed in 2011. AGC members from all regions of the country, all types of construction and all types of occupations within construction firms sent emails, made phone calls and made visits urging members of Congress to support repeal.

For more registration information, please contact Cathy Newell at: (518) 456-1134 or via email: [email protected]

An Equal Opportunity Employer

CCeelleebbrraattiinngg oouurr 4400tthh yyeeaarr iinn 22001122

SYRSTONE, INC. would be pleased to quote you on any of the following construction items either individually or in a "package":

Granite Curb Precast Concrete Curb Formed Concrete Curb Slipformed Concrete Curb Slipformed Concrete Gutter Formed Concrete Sidewalk Slipformed Concrete Median Barrier Slipformed Concrete Bridge Parapet Walls Brick Paving Concrete Block Paving Hand Laid Stone Paving Interlocking Precast Concrete Pavers Transverse Sawcut Grooving Rumble Strips (MSRS, SNAPS, MIARDS) SRS (Syrstone Roofing System), Patented

* Certified WBE * State of NY #54358 : City of Syracuse, NY : Erie County, NY State of PA #130531 : City Philadelphia, PA # 8615034GC State of NJ # 55636-15 : State of MA : State of DE #DE11061634

CORPORATE OFFICE: 7395 TAFT PARK DRIVE, EAST SYRACUSE, NY 13057 PHONE: (315) 458-7723  FAX: (315) 458-8197

SATELLITE OFFICE: 761 BIGGS HIGHWAY, RISING SUN, MD 21911 PHONE: (410) 658-6668  FAX: (410) 658-7070 WEBSITE: SYRSTONE.COM

57 58 Maybrook

Inwood

NEW YORK LOCATIONS • Clinton Point Quarry & Asphalt • Haverstraw Quarry & Asphalt • Maybrook Asphalt • Newburgh Asphalt • Tomkins Cove Quarry • West Nyack Quarry & Asphalt

NEW JERSEY LOCATIONS • Bernardsville Asphalt • Byram Quarry • Hamburg Asphalt • Keasbey Asphalt • Mt. Hope Quarry & Asphalt • North Bergen Asphalt • Oxford Quarry & Asphalt • Pompton Lakes Quarry & Asphalt • Riverdale Quarry & Asphalt • Totowa Asphalt

OTHER AGGREGAGGREGATE SERVICE LOCATIONS • Flushing • Inwood Terminal • Pine Orchard Dock • Port Jefferson • Port Washington

RECYCLING LOCATIONS New Jersey: Kearny • Keasbey • Mt. Hope • Oxford • Pompton Lakes • Riverdale New York: Bronx

MOBILE CRUSHING NOW AVAILABLE!

NEW YORK STONE/ASPHALT/CONSTRUCTION/RECYCLING NEW JERSEY STONE/ASPHALT/CONSTRUCTION/RECYCLING 1-800-TRAPROC (1-800-872-7762) 1-800-789-ROCK (1-800-789-7625)

CORPORATE OFFICE: 162 Old Mill Road, West Nyack, NY 10994 845-358-4500 | www.tilconny.com

59 Construction Industry Conference in Pictures

60 Construction Industry Conference in Pictures

61 AGC NYS (518) 456‐1134 www.agcnys.org

62 63 Advertisers Index

IFC Admar Supply Co., Inc 37 Elderlee, Inc 17 S. Klahr, Inc. 46 Advance Testing 7 EMI Guide Rail, LLC 48 Kirchoff Consigli Construction 36 All Service Electric, Inc. 23 Enterprise Fleet Management 28 Marvin Commercial Solutions 55 Albany Truck Sales 21 Ernstrom & Dreste LLP 24 Maine Drilling & Blasting 5 AON 11 EW Howell 8 McKissack & McKissack 42 Atlas Fence Inc. 55 The Fort Miller Group, Inc. 38 Menter, Rudin, Trivelpiece, P.C. 1 Barrett Paving Materials, Inc 43 Fox & Kowalewski, LLP 2 Milton CAT 53 Bergmann Associates, P.C. BC Fuller & O’Brien, Inc 52 NBT Bank 10 Berkowitz & Associates 43 Gateway Equipment Corp 36 North Carolina Granite 6 BBS Architects and Engineers P.C. IBC Gateway Equipment Corp. & 19 Northwestern Mutual Caterpillar 40 BST 56 Palermo Paving, Inc. 51 Godwin Pumps 19 Burt Crane & Rigging 50 Pavilion Drainage 29 Goldberg & Connolly 4 CDPHP 38 Posillico Civil, Inc. 18 Greenman - Pedersen, Inc. 10 C&S Companies 54 The Sagamore Resort 46 GTS Building Supply 21 Charles A. Gaetano Construction 43 Sheats & Associates, P.C. 13 Halmar International 56 Citnalta Construction Corp. 20 Straight Line Industries 32 Hanson Aggregates 21 Clark Rigging & Rental 57 Syrstone, Inc. 40 Harrison & Burrowes Bridge 54 Colony Albany 59 Tilcon New York Inc. Constructors 58 Contractor Sales Company, Inc. 29 Tracey Road Equipment 25 Hayward Baker 49 Couch White, LLP 27 Turning Stone Casino & Resort 14 HNTB 30 D.A. Collins Construction, Co Inc 37 Turner Construction 9 Iannelli Construction Co, Inc. 41 Dannible & McKee, LLP 32 Villager Construction, Inc. 35 The JPW Companies 42 Donnelly Construction Inc. 39 Walter S. Pratt & Sons If you are interested in advertising in a future issue of Cornerstone magazine please contact the AGC NYS office at 518.456.1134 AGC NYS CORNERSTONE Winter 2011 AGC NYS CORNERSTONE 64 BARBER-GREENE THE TRADITION CONTINUES

Consistent Performance Quality Results, Less Effort Maximize Your Time The technology built into Barber-Greene Today’s paving operations require crews to Commonality and parts availability can help asphalt pavers continues to provide reliable work longer hours, making operator comfort a you proactively schedule your service intervals operation day after day. These high primary focus of Barber-Greene asphalt and keep you on the job. Contact your Barber- performance machines keep money in your pavers. The automated controls, comfortable Greene dealer for more information. pocket and increase your profitability year stations and good visibility will help get you after year. through the day.

BG655D Track BG600D Wheel BG-2455D Track BG-260D Wheel Standard paving width 8' 8' 10' 10' with cutoff shoes 6' 6' 8' 8' with extensions 20' 2" 20' 2" 24' 2" 24' 2" Horsepower 174 174 224 224 Paving speed (max) 230 fpm 200 fpm 255 fpm 300 fpm Travel speed (max) 9 mph 11 mph 9 mph 14 mph Hopper volume 230 cu ft 230 cu ft 230 cu ft 230 cu ft Weight with front-mounted extenders 39,727 lb 37,251 lb 43,800 lb 40,230 lb Weight with rear-mounted extenders 40,234 lb 37,747 lb 45,380 lb 39,320 lb

© Caterpillar 2009 All rights reserved. CAT, CATERPILLAR, their respective logos, “Caterpillar Yellow” and the POWER EDGE trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.

P.O. Box 608, Fisher Rd. East Syracuse, NY 13057 (315) 437-7336 Fax (315) 437-7330

Construction Equipment 8033 Transit Rd. East Amherst, NY 14051 (716) 689-1133 Fax (716) 689-1136

65 66