Mark Breslin, AGC NYS LLC Chairman

Spring 2010

Page 6: An Hour With Mark Breslin, AGC NYS LLC Chairman

Also in this Issue: Page 12: 2010 AGC Leadership

Page 24: Annual Winter Meeting Photo Spread Featuring Page 30: Environmental Report

Page 33: MARK BRESLIN TCP Update

Page 40: 2010 AGC NYS LLC Construction Industry Conference Highlights Chairman

1 Save the date!

2010 AGC NYS Summer Meeting

Join your fellow AGC NYS members as we bring together the Building and Highway sectors of the industry at the beautiful Sagamore Resort! A weekend of information and relaxation is planned for you and your family. The Sagamore is located in Bolton Landing, on Lake George in the Adirondacks. The resort is a family-oriented facility with something for everyone! A number of informative programs are being planned, including updates on current association and industry issues. We will all have the opportunity to learn about each other and each other’s businesses. Several recreational activities are also being planned for everyone.

July 8th-11th The Sagamore Resort & Conference Center

AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE Questions? Please call Cathy at 518-456-1134. 2 Save the date! On the Cover: An Hour with Mark Breslin, 2010 AGC NYS Chiarman

2010 Board of Directors Mark Breslin, Chairman | Turner Construction Co. Butch Marcelle, Vice Chairman | The Fort Miller Co., Inc. Michael Benson, Treasurer | BCI Construction, Inc. Paul Posillico, Secretary | Posillico Civil, Inc. Mark Galasso, Immediate Past Chairman | Lancaster Development, Inc. Table of Contents 5 | Message from the CEO: Developing Cohesion While Retaining Tom Barr | Barr & Barr, Inc. Identity Jeff DiStefano | Harrison & Burrowes Bridge Constructors, Inc. Features Jeff Hanlon | Slate Hill Constructors, Inc. Gary Hill | Union Concrete & Construction Corp. 6 | An Hour with Mark Breslin: Vincent Iannelli | Iannelli Construction Co. Inc. 2010 AGC NYS LLC Chairman David Knauss | Lehigh Construction Group, Inc. 12 | AGC NYS New Leadership Ted Orr | The Pike Company John Peckham | Peckham Materials Corp. 12 | 2010 AGC NYS LLC Board of Directors Christina Schneider | Purcell Construction Corp. 14 | 2010 AGC NYS LLC Building and Highway Division Leadership AGC NYS Staff AJ Castelbuono, President 15 | AGC NYS Regional Directors Jeffrey Zogg, CEO Columns

Rich Couch, TCP Director of Advocacy 17 | With the Spec Reviewer: A Treatise on Product Competition Joe Hogan, VP, Building Services in Bidding and Contract Documents Equivalents - Part I Frances Holzhauer, Publications Director Dennis Kiefer, Member Services Director 22 | Engineering Matters: What Can One Person Do? Karen LaVare, Administrative Assistant Brendan Manning, Education & Environment Director 30 | Environmental Report: New York’s Latest Environmental Karen Morrison, VP, Transportation & Regulatory Updates: Part I Technical Services 33 | The Crisis Program: TCP Urges You to Take Action Cathy Newell, VP, Operations Carla Plankenhorn, Finance Director 38 | Focus on Safety: EPA’s Lead-Safe Renovation, Repair, and Jim Redmond, Safety & Health Services Director Painting (RRP) Rule - Are You Ready? Steve Stallmer, VP, Government Relations & Public Affairs 44 | Education Update: Teaching Our Kids About Construction Dave Zurlo, Letting Computer Operator 47 | Associate’s Corner: For Your Eyes Only - The Role of Scheduled Oil Sampling (S.O.S.) Frances Holzhauer, Publications Director Association and Industry News 10 Airline Drive, Suite 203 Albany, NY 12205-1025 20 | Welcome, New Members! Phone: 518-456-1134 [email protected] 24 | Sand, Sun, Surf: AGC NYS LLC 2010 Winter Meeting 40 | 23rd Annual Construction Industry Conference

46 | Advertisers Index Spring 2010 AGC NYS CORNERSTONE 3 AGC NYS CORNERSTONE Spring 2010 4 Message from the CEO

Developing Cohesion While Retaining Identity By Jeffrey Zogg

s we start our second year respect the needs and identity of as the AGC NYS LLC it is both the building and transportation Atime to begin to reflect on sectors of our membership as we try our journey since the NYS Chap- to build greater cohesion among us. ter, AGC and the GBC of NYS ap- It will take time, but it is worth the Jeffrey Zogg proved this significant step in July, effort. 2008. Putting two highly successful This issue of Cornerstone touches and long-standing groups together on a lot of bases on your markets and with certain traditions and cultures is your businesses as well as association The Board not easy, but the leaders of this effort events and services. We are working understands the felt strongly in the beginning, and I hard to ensure that they are meaning- believe still do, that the long term need to respect ful as a contractor while respecting best interests of the members and the each member’s niche. It features the needs and construction industry in New York our new leader Chair Mark Breslin State justify it. This significant step identity of both of the Turner Construction Compa- was not only about today, but about the building and ny and it thanks our first Chair who preparing for the needs of the mem- provided us with great leadership - transportation bership and the industry tomorrow. Mark Galasso of Lancaster Develop- sectors of our Change can be traumatic to some. It ment, Inc. These two leaders, from membership as must be done carefully, clearly and both building and transportation we try to build incrementally. We tried to do that. sides of our business, understood the It must be monitored. After our first importance of our merger as a means greater cohesion year we recognize this, and the AGC to efficiently represent the contractor among us. It will NYS LLC Board of Directors con- and construction industry interests take time, but it is ducted a two-day strategic planning state-wide. They join all the current effort in early March. Prior to that, leaders of the AGC NYS LLC who worth the effort. we organized a staff retreat and a felt their investment of time, money membership survey which provided and talent will not only benefit their important input. The new strategic firms, but the industry they make plan, which we will provide in more their livelihood in. detail in the coming months, will fo- As AGC NYS continues in this his- cus on three essentials: toric change, we are making prog- 1) Focus and Streamline Programs, ress. There will be glitches, mis- Services and Events; leading perceptions and bumps in the road, but with the leadership of 2 Strengthen Advocacy and Agency/ people like Mark Breslin and Mark Industry Relationship; Galasso and their fellow directors, 3) Enhance and Exhibit Value of and the support and understanding of Membership. the membership, even in these chal- lenging times, we can make a differ-

The Board understands the need to ence for the future. Spring 2010 AGC NYS CORNERSTONE 5 fEATuRE STORY

An Hour With MARK BRESLIN 2010 AGC NYS LLC Chairman

By Frances Holzhauer

lipping through a large, hard-covered picture eral Electric, was what first exposed him to the building book that sits in one of the smaller conference business. “My father was a mechanical engineer but his rooms in Turner Construction’s Albany office, background is taking electric power plants - steam tur- an introduction reads, “Turner Construction bines - apart and renovating them, which was how I got FCompany was founded on the simple belief that success interested in civil engineering,” recounted Mark. is based upon the application of strong moral values, After graduating Villanova (whose College of Engineer- integrity, and the highest-level professionalism achiev- ing has been ranked as one of the top ten engineering able.” The book, A Photographic History of Turner’s schools in the nation by U.S. News and World Report), First Century, is one that Mark Breslin, Vice President Mark worked for two years in the city of Schenectady’s and General Manager of Turner Construction Company’s engineering department and then took a position working New York North operations, offers that I keep before we for Clifford H. Quay & Sons, a family-owned company sit down to talk about his newly-adopted role as Chair- also in Schenectady. It was through his work with Clif- man of AGC NYS LLC. By the end of the interview, it is ford H. Quay that introduced him to Turner Construction clear those same words apply to him. Company, a very large and well-known corporation that Born in Albany, raised in Schenectady, and now resid- maintains a nationwide network of offices and a staff of ing in Burnt Hills, Mark is clearly a native of the Capital more than 5,500 employees, performing work on over Region. His father, once a mechanical engineer at Gen- 1,600 projects each year. Mark was hired there in 1995. 6 FEature Story

“Clifford H. Quay did a lot in Albany headquarters he of work with Turner, ex- spends a typical day at the plained Mark. “We were “I am always of the opinion that if office by touching base with subcontractor to Turner for the two operations officers Albany Airport, Ellis Hospi- you listen to advice and criticism, in Buffalo and Albany, get- tal, and Albany Med. They don’t take offense to other people’s ting up-to-date on New York had just opened an Albany State news and business de- office in the early ‘90s and point of view, and take the high velopment, and interacting they were looking for an op- road then things have a way of with different departments. erations person, so I took a The rest of his time - about job as a superintendent first working out. The minute that you 50 percent - is spent with and then worked my way up lose your integrity, lose your tem- sales and new opportunities. through various assignments per, and go in the wrong direction, Of course these are the little within the company. In 1997 details of Mark’s day that I was appointed the General there is almost no way to bring the don’t always allow you to Manager of upstate NY op- issue back.” see the big picture, like the erations, which is Albany, majestic disposition of one Syracuse and Buffalo.” - Mark Breslin of Mark’s finished products. Wo r k i n g f o r Tu r n e r The EMPAC (Experimental Media and Performing Arts When asked what it was great projects Turner has contractors and employees Center) building at Rensse- about Turner Construction done since 1902. Their val- honestly it’s going a very laer Polytechnic Institute is Company that first attract- ues, their integrity …This is well-run company.” a fine example of this. At ed him to the organization, why they are so successful,” As Vice President and Gen- 220,000 square-feet and with Mark gestured towards A he said. “I always felt in eral Manager, Mark is re- mesmerizing architecture, Photographic History of my dealings with Turner as sponsible for 120 people at EMPAC is a state-of-the- Turner’s First Century in a subcontractor (with Clif- Turner offices in Albany, art building that possesses front of us. ford H. Quay & Sons) that Syracuse and Buffalo. Trav- a 1,200 seat concert hall, a we were treated fairly. You eling for work is inevitable; 400 seat theatre, two adap- “Just look at the photograph- know if they treat their sub- ic history. It shows you the on the other days stationed tive environment studios, an Spring 2010 AGC NYS CORNERSTONE 7 FEature Story

AGC NYS CEO Jeffrey Zogg, RPI Vice President for Administration Claude Round, and AGC NYS Chairman Mark Breslin. audio and video production community organizations, suite, artists-in-residence including the American studios, a campus radio Heart Association, Albany station and a dance studio. Institute of History and As winner of both the AIA Art, and the Ellis Hos- New York State 2009 De- pital Board of Directors. sign Award in the Institu- Equally inspiring is his in- tional category, as well as volvement with The Lally the AGC NYS Build New School of Management & York Award, it is most Technology, the business definitely a building to be school of Rensselaer Poly- proud of. technic Institute, where he mentors students to help By the end of the day, you them advance their career. would think a night with his feet up is needed, but “If I wasn’t in construction Mark is also a part of many I would want to be working in some way with education,” Mark divulged. “I’d like a career in teach- Above: A crowd ing, maybe at a university, gathers at the EMPAC especially in business. The (Experimental Media Lally Business School al- Performing Arts lows me to help young Center) for Rensselaer entrepreneurs develop a Polytechnic Institute business plan and a prod- (RPI) to honor Mark uct that they’ve thought of Breslin’s election as new AGC NYS LLC and how they can market Chairman. and implement it. I really enjoy helping people Left: A studio get their businesses off the recording room at ground.” EMPAC. EMPAC won both the AIA A Ch a n g i n g In d u s t r y New York State 2009 While EMPAC is certainly Design Award in the a unique structure, it is Institutional category, one in a long list of proj-

AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE as well as AGC NYS’s Build New York 8 Award. FEature Story

technology like Building In- “When you build a green formation Modeling (BIM) building you’ve got advanced comes on to the scene, we’re control systems for your heat- the first to test it on one of ing and ventilating systems, our projects. We’re the lead- you’ve got new products that er in BIM and sustainable are being introduced to the construction. I think that is building that may not be as a testament to the fact that industry-tested as others. So we’re willing to take a risk the buildings are becoming and embrace new ideas in more advanced with mechan- order to move forward with ical systems, and that’s led to our projects.” us doing more training with our staff.” Of all the new technologies implemented at Turner, Ne w Ch a l l e n g e s Mark says that BIM, without With any evolving indus- a doubt, has been the most try there are challenges that successful. must be faced in order to “Owners aren’t going to ac- move forward. This can be cept jobs being designed in considered two-fold in a less- 2D anymore,” Mark stated. than-desirable economy. Ac- “They want 3D, and they cording to Mark, the short- want to understand the co- age of workers that began a ordination process and how few years ago is a problem they can save money and that has been exacerbated visualize different aspects of simply by being masked by the building. I think it’s go- the downturn of our econo- ing to affect everything that my. Not only trade workers, “I would like to be recognized as someone we do – scheduling, logistics but also engineers, are faced who didn’t just say, ‘Hey, we’re AGC and on-site, the way we procure with layoffs and downsizing. materials and equipment. I Both problems exist, but as we’re the best. Follow us blindly and we’ll see BIM as touching every the economy rebounds and take you to the right place,’ but as a leader aspect of how we put togeth- work starts to be released, who really paid attention to how different er a building,” explained the shortage of workers may members interact and developed a way Mark. not be solved so steadily. to make it beneficial to each one of them Of course, adopting the new “Laid-off employees may regardless of what their business is.” technology of BIM is just have gone into other indus- - Mark Breslin another layer of managing tries and may not readily an industry that has become come back, which results in ects that is now requiring in other industries or on more complex. Sustain- not only a lack of new work- advanced technology. Mark other projects before we’re able building is another ers in the field, but also the notes that the industry as a willing to take a chance on significant change. Own- people who have been forced whole needs to up their reac- it. A main transformation in ers and clients are requiring out of the industry who do tion time to these changes. Turner over the last fifteen that their projects be built not return,” Mark explained. Turner is already making the years is that we are start- “green,” which spills over I think we’re going to have necessary transition. ing to become the leader in into everything a construc- the recruitment problems that “The construction industry change. We react much more tion company does. Devel- we experienced a few years is slow to evolve. It’s one of quickly to new ideas and try opment has become much ago. Hopefully the use of the negatives that we want to implement them as quick- more intricate as a result of these new technologies will to see things implemented ly as possible. When a new recycling on the job. help us with training and re- AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE continued om page 10 9 Feature Story

An Hour With Mark Breslin (continued from page 9)

mitted myself to make sure how large or small, no matter that we make a contribution. how new or well-established AGC’s training programs, their company is. Rather networking, and the advoca- than one company lobbying cy are all huge components alone, AGC NYS members of making this a successful have a lot more clout stand- industry.” ing together. Although Turner is a very “I was told a long time ago large firm, Mark feels strong- when we would advocate ly that the association can on behalf of Turner to these benefit small to mid-sized various State agencies and Mark Breslin in the BIM (Building Information Modeling) room companies and younger pro- legislators that we were told at Turner Construction Company’s Albany Office. Of all the new fessionals greatly. that they would not deal with technologies implemented at Turner, Mark says that BIM, without a problem or complaint on a a doubt, has been the most successful. “Whereas larger companies one-company basis,” Mark cruitment of those individu- state New York has present- have a lot of internal training programs, smaller compa- stated. “But if we came back als as we go forward.” ed its challenges in keeping as a consortium, and did it as people in the loop and moti- nies don’t have the resourc- Communication is a huge an industry request, there vated. I believe AGC NYS es to put these programs in component of the “new was a much higher likeli- can be a huge benefit for this place and can really jump- technologies” that Mark hood for success.” purpose. It can be the thread start their organization by mentioned in helping solve that links all of our employ- taking advantage of all AGC Of course, AGC NYS is these challenges. The ad- ees at these remote job sites,” offers. From bringing their only as good as what its vancement of BIM, social Mark said. safety program to the next members know about it, and networking and the way in- level, to bettering their em- an important game plan in formation is made available Be c o m i n g t h e Ne w ployee’s grasp on business Mark’s new role as Chair- online can be a key factor in AGC NYS LLC Ch a i r m a n management through the man is making our members recruitment by making ca- Future Constructors Leaders Before becoming AGC aware of all the association reers in construction more Program, to learning about NYS Chairman, Mark had does. One of Mark’s goals appealing to young people. new technologies like BIM, sat on the GBC Board, go- to improve the association smaller or newer companies It can also play a large role ing through the chairs until and have a significant -im can engage in the organiza- in keeping current workers he became president right pact on the industry is to tion to get that training.” connected, no matter how before the merger with make AGC NYS a leader in remote. One of the biggest AGC to become AGC NYS AGC networking opportuni- communication. challenges Mark says he fac- LLC. AGC NYS President ties are also crucial for pro- “The more we get our mes- es on a regular basis is the re- AJ Castelbuono and AGC fessionals to understand how sage out the more reinforce- gional reach of his company. NYS CEO Jeff Zogg, former the competitive environment ment it is. It becomes a con- Because upstate New York is GBC president and long- is working. This is espe- stant reminder of what we’re so diverse with no real met- time friend, asked Mark if cially important for younger doing. I don’t think we can ropolitan area, getting people he would be one of the first staff to see their peers in oth- communicate enough. We into the locations where they two chairmen alongside er companies, whether they have a good message, good need to be for work and also Mark Galasso, of Lancaster are subcontractors or other programs, good leadership, home at night is difficult, Development, Inc. prime contractors, to learn and good members. I think whereas employees in New how they are addressing the “I’ve always had a great ex- the core basics of a success- York City or Boston have a challenges of our industry. perience with the GBC and I ful association are there, it’s nucleus of work and clients firmly believe that the more without venturing very far Advocacy, on the other hand, just how to get this informa- you put into an organization outside of those areas. is one thing AGC NYS of- tion out to people so they like AGC, the more you get fers that undoubtedly bene- can take the best advantage AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE “The geographic reach of up- out,” said Mark. “So I com- fits every member, nomatter of it,” Mark explained. 10 Feature Story

who was committed to the fense to other people’s point membership, as someone of view, and take the high who listened to the members road, then things have a way and their unique needs.” of working out. The minute that you lose your integrity, Mark’s position as Chairman lose your temper, and go in is like many of the other roles he takes on in his professional the wrong direction, there is efforts and philanthropic en- almost no way to bring the deavors. A self-proclaimed issue back.” analytical person, Mark is One can get a sense that not one to fly off the handle Mark’s instincts run close or make a hasty decision. He to the, “strong moral val- Pictured Above: Turner Construction Company’s Northern New prefers to look at each issue, ues, integrity, and the high- York office, headquartered in Albany. Two additional offices are try to understand the posi- est-level professionalism located in Buffalo and Syracuse. tions of the people who are achievable,” that are written The improvement in com- next chairman comes in involved and then come up in the book in his conference munication will have a posi- they can focus on bringing with the best solution. room. Clearly, to “take the tive affect on Mark’s other it forward with a new set of “Our industry is very di- high road” is Mark Breslin’s short-term goals: facilitat- goals. verse; we have many differ- M.O. And having him as the ing connection between second chairman to the new- However, Mark realizes tak- ent things that we deal with, AGC NYS and its mem- but I am always of the opin- ly-merged AGC NYS will ing leadership to the next bers, increasing recruitment ion that if you listen to advice undoubtedly keep us moving level isn’t as simple as just of younger members and and criticism, don’t take of- in the right direction. member organizations, and building upward from the cultivating relationships foundation Mark Galasso with future leaders. In the constructed. He knows that long run, it will culminate to the merger isn’t easy on ev- his personal goal of bringing eryone. As a leader he ac- leadership to the next level, knowledges that one shoe and continue building what will not fit all. There are Mark Galasso started as the some members who aren’t first Chairman of the newly- going to readily see the ad- merged AGC NYS. vantages of the new merger but he plans on ensuring that “Mark Galasso did a fantas- we communicate to them tic job of integrating both how their specific business organizations,” Mark said. plugs into the AGC NYS. “He’s a no-nonsense person who really has a bottom-line “I would like to be recog- driven approach and he had nized as someone who didn’t the perfect personality for just say, ‘Hey, we’re AGC the role of bringing the orga- and we’re the best. Follow nizations together. I always us blindly and we’ll take feel that the leadership of an you to the right place,’ but organization must be mov- as a leader who really paid ing the ball forward and my attention to how different goal for this year would be members interact and devel- to get AGC NYS to the next oped a way to make it ben- level, to implement our stra- eficial to each one of them tegic plan in communication regardless of what their and re-energize our regional business is. I would like to meetings. So that when the be remembered as someone 11 12 AGC NYS CORNERSTONE Spring 2010 AGC NYSLLC AGC NYS New L 2010 B oard ofDirectors eadership The Co., Fort Miller Inc First Vice Chairman Posillico Civil, Inc. Butch Marcelle Paul Posillico Secretary

Lanscaster Development,Lanscaster Inc. Immediate Past Chairman Turner Construction Co. BCI Construction, Inc. Mark Galasso Mark Breslin Mike Benson Chairman Treasurer AGC NYS New Leadership

Tom Barr Jeff DiStefano Jeff Hanlon Director Director Director Barr & Barr, Inc. Harrison & Burrowes Slate Hill Constructors Bridges Constructor, Inc.

Gary Hill Vincent Iannelli David Knauss Director Director Director Union Concrete & Iannelli Construction Lehigh Construction Construction Corp. Group, Inc.

Tedd Orr John Peckham Christina Schneider Director Director Director at Large The Pike Company Peckham Materials Corp. Purcell Construction Corp. AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE 13 AGC NYS NEW LEADERSHIP

AGC NYS LLC HigHway division

2010 building and Highway Highway Funding Task Force Chairman: Division Leadership Dave Collins D.A. Collins Construction Co., Inc.

Building division Chairman: Jeff Hanlon President: Slate Hill Constructors Christina Schneider Purcell Construction Corp. Executive Level Watertown, New York Partnering Chairman : Jonas Havens Vice President: Callanan Industries Inc. Michael Benson BCI Construction, Inc. Investment Chairman: Albany, New York Jim O’Brien Bothar Construction, LLC Secretary-Treasurer: Vince Iannelli Specification Chairman : Iannelli Construction, Inc. Paul Sweeny Brooklyn, New York Economy Paving Co., Inc. AGC NYS CORNERSTONE Spring 2010 14 AGC NYS NEW LEADERSHIP 2010 Regional Directors Building division HigHway division Central New York: John Garris Region 1: Region 8: Jeremy Thurston Morgan Contracting Corp. Fred Stutzman George Pacchiana Haynor Hoyt New York City Hudson River Thalle Industries, Inc. Construction Co. Construction Co., Inc. Syracuse, N.Y. Western New York: Region 9: Gene Partridge Region 2: Stephen Compagni William Halsey LPCiminelli Scot Owens Economy Paving Co., Inc. Structural Construction, Inc. Barrett Paving Associates, Inc. Buffalo, N.Y. Materials, Inc. Region 10: Syracuse, N.Y. Joe Posillico Andy Hislop Region 3: Posillico Civil, Inc. Eastern New York: LECECCE Construction Dick Anderson Dan Sauer Rochester, N.Y. Vector Region 10: AOW Associates, Inc. Construction Corp. Peter Tully Albany, N.Y. At Large: Region 11, Kevin Gleason Region 4: Tully Construction Scott Sheppard BBL Construction Chris Bollin Co., Inc. MLB Construction Services, LLC. Crane-Hogan Services LLC Albany, N.Y. Structural Systems, Inc. Associate Director: Malta, N.Y. Scott Collins Specialty: Region 5: Tracey Road Hudson Valley- Kevin Cannan Ryan Forrestel Equipment, Inc. Westchester: AAC Contracting , Inc. Cold Spring Alan Zuckerman Rochester, N.Y. Construction Co. Associate Director: Verticon LTD. Gib Gagnon Monroe, N.Y. Associate: Region 6: Milton CAT Howard Rosen Robert Rook Paul Tozzi Peckar & Abramson, PC Elderlee, Inc. Subcontractor Director: Arris Contracting Co., Inc. New York City Chip Stephenson Poughkeepsie, N.Y. Region 7: BVR Construction Past-President: Rhonda McNeely Co., Inc. NYC-Long Island: Mark Breslin Hi-Lite Marketing, Inc. Mike Kaleda Turner Construction Co. LLC Officer: The McKissack Group Inc. Albany, N.Y. Paul Posillico New York City Posillico Civil, Inc.

15AGC NYS CORNERSTONE Spring 2010 16 Spec Reviewer

A Treatise on Product Competition in Bidding and Contract Documents Equivalents - Part I

By Joseph P. Hogan, CDT

Joe Hogan he time has come,” the Walrus said, “ T “To talk of many things: Of shoes--and ships--and sealing-wax-- Of cabbages--and kings-- And why the sea is boiling hot-- And whether pigs have wings.” - Lewis Carroll Perhaps the most controversial and often misunderstood issue related to bidding and contract documents is that of “equivalents,” or the creation of competition among and between products. While this is often viewed as a public work issue based on the legal issues surrounding the competitive bidding laws, it also has an impact on private work. While there may be good reason to lock up a set of specs, owners need to go into that situation with their eyes wide open and, hopefully, with a plan to minimize the impact of that decision. Below, I will discuss the potential impacts of closed specs and suggest some options. In Part II of this series, I will explore the public work competitive bidding aspects surrounding equivalents. As a practical matter, owners often do themselves a disservice when, either by overt or subtle specification, competition is limited, particularly if limited to one product or manufacturer. Such issues as bid vs. list price and packaging can have significant impact on price while, amazingly, impacts on project performance might also be felt. On public work, such restrictions are, for the most part, prohibited.

Ov e r t a n d Su bt l e Li m i tat i o n s o n Co m p e t i t i o n : Proprietary specifications come in two forms. The overt form is where one specific product is specified and it is made clear to bidders that no equivalent products will be accepted. The second, and more subtle, approach is to write a performance spec which effectively precludes all but one product. While nei- AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE continued on page 18 17 Spec Reviewer

Spec Reviewer (continued from page 17) ther form is necessarily good, this reviewer and the contrac- to manage. In such cases, the this reviewer prefers the for- tor fought to break the barriers supplier no longer believes mer. The latter is sneaky!! It to competition placed by the he works for the contractor, leads bidders down the prim- designer and won by going in spite of a supply contract. rose path, believing they have to the owner and the owner’s He believes he works directly a shot with another manufac- attorney, the price from the for the owner or the designer. turer. The supplier of the pro- supplier suddenly dropped 48 Often, the supplier believes prietarily specified product percent. Amazing!!! himself to be working for the knows the fix is in, and his users of the facility and not Pac k a g i n g : price reflects it. Contractors even the construction and en- bid on alternatives looking to If a supplier of a number of gineering side of the owner. be competitive only to have products has franchise con- This causes numerous per- it blow up in their face. The trol over a proprietarily spec- formance and responsiveness contractor has been damaged ified product he may not sell issues. Only when the owner and the project has started off that product except in a pack- and designer take an active, on the wrong foot. age with a variety of other hard line, approach to the products for which the owner supplier can that problem be Bi d Pr i c e v s . Li s t Pr i c e : or designer thought they had mitigated. Something to the It must be recognized that adequate competition. The effect of “Listen you #%*&*, many suppliers have at least not only will the proprietarily if you ever want to work on two prices in their repertoire, specified product be at the one of my projects again, you one for competitive situations “list price,” the entire pack- will get the materials supplied and one for non-competitive. age will be at that inflated when the contractor needs In a competitive situation, the cost. Calls to the manufac- them!!!” might work. Bet- sharp-penciled “bid price” is turer can sometimes break ter still, if an owner is intent the one provided. In a non- the package but that is by no on proprietarily specifying a competitive situation, the means a sure thing. product, these matters should “list price” is used. The list be discussed up front.

A g o o d r u l e o f t h u m b : As a practical matter, owners often do themselves a disservice Specifying a minimum of when, either by overt or subtle specification, competition is limited, three products (see public particularly if limited to one product or manufacturer. Such issues as work requirements in Part II) should generate enough com- bid vs. list price and packaging can have significant impact on price petition to alleviate the up- while, amazingly, impacts on project performance might also be felt. ward pressure on price. It is important, however, that de- signers thoroughly research price can be considerably those items listed. Too of- Pe r f o r m a n c e Im p act s : higher than the bid price and, ten, outdated lists are used in so long as the non-compet- A second disadvantage relates which products listed are no itive message is in place, it to the responsiveness of the longer made or the manufac- is unmovable. I have been supplier during construction. I turer is out of business. We involved in situations where have found that as long as the have even seen troubling situ- suppliers, believing they had supplier believes he has the ations where contractors seek a performance spec locked project sewn up and as long to use listed products only to have them rejected. up due to long-time relations as there appears to be no later with the designer, provided repercussions, the propri- In some circumstances, “Buy a price considerably higher etarily specified product can American” provisions pro- than the competition. When AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE be difficult for the contractor hibit the use of two out of 18 Spec Reviewer

the three products listed. The should be differentiated from ufacturer might even break green building certification wants. Faced with budgetary through potential negatives requirements can often create realities, wants often yield.] caused by franchise situa- a situation where three prod- In these situations, there are tions. In the alternate, allow- ucts were specified but, due some steps that the owner ances might be considered. perhaps to the 500 mile radius might take to minimize the If all else fails and the owner requirement, only one really negatives inherent in locked- feels he must simply specify is acceptable. I watched a up specs. First and foremost, the product in the normal Canadian manufacturer run the impact on the overall course, the fact that the specs a general contractor member bidding process should be are locked up should be crys- through the wringer on this avoided as it could skew the tal clear. one recently. process and afford too much power over the contractor by Wh at i f t h e Ow n e r Se e s the specified manufacturer/ In Part II of this article, I will No Ot h e r Ch o i c e Bu t To supplier. With a large enough focus on the public work re- Lo c k Up t h e Sp e c s : piece of the project, it might lated rules and laws surround- It is understood that there even allow that manufacturer/ ing equivalents. It should be supplier to heavily influence are circumstances where the noted, however, that some of who will get the work – by owner simply must have a those issues discussed will be whatever means. product. This could be a stan- worthy of consideration on dardization situation or one To avoid these situations, the private work as well. where there is simply no other product could be procured Joseph P. Hogan, CDT, is the manufacturer that meets the separately by the owner. Di- Vice President – Building Ser- owners’ needs. [Needs here rect discussions with the man- vices of the AGC NYS. AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE 19 GC NYS continues to recruit high-quality General Contractors, Specialty Welcome Contractors, and Associate Members. Our membership list reflects the top Acontractors in New York State who stand behind the tenets of 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:

Associate Members W.J. Northridge Construction Corp. OGGI Concrete Forms & Accessories, Inc. 20 Railroad Street 128 Oak Hill Ave Huntington Station, NY 11746 Endicott, NY 13760 631-421-1168 866-525-6444 www.wjnorthridge.com www.oggiconcrete.com Established in 1984. Offers products for the concrete forming and construction industries. Specialty Members

Sperian Protection D.P Wolff, Inc. 407 Militia Drive 143 Bedford Road Lansdale, PA 19446 Katonah, NY 10536 215-630-0698 914-767-0515 www.sperian.com www.dpwolff.com Provides equipment and protective services Provides commericial heating, ventilation, in hazardous environments. air conditioning service and mechanical contracting. Structural Remediation Services, Inc 875 Howard Road Landmark Construction Associates Rochester, NY 14624 866 Avenue of Americas, Suite 1104 585-436-9191 New York, NY 10001 www.srswbe.com 212-967-8779 Offers with Truck Mounted Attenuators Established in 1994. (TMA) vehicles, as safety consulting and contracting services. M.L. Caccamise Electric Corporation 721 Portland Avenue Contractor Members Rochester, NY 14621 585-266-0330 Aurora Contractors, Inc. Specializes in traffic signal, roadway 100 Raynor Avenue lighting, fiber optics, and intelligent traffic Ronkonkoma, NY 11779 systems. 631-981-3785 www.auroracontractors.com Established in 1983.

Ecco III Enterprises, Inc. 201 Saw Mill River Road Yonkers, NY 10701 914-963-3600 Established in 1971.

Gallo Construction Corp. 50 Lincoln Avenue Watervliet, NY 12189 518-273-0234 www.gallogc.com

AGC NYS CORNERSTONE Fall 2009 AGC NYS CORNERSTONE New Me m bers Founded in 1946. 20 AGC NYS CORNERSTONE Spring 2010 21 Engineering Matters

What Can One Person Do? By Karen Morrison, PE

n the past few months we have seen youth in our own neighborhoods and lo- immense destruction in our world – cal schools. Our industry offers excellent earthquakes, tsunamis, various de- opportunities for a person to utilize all of I their skills – brains and brawn alike. It structive weather events and armed con- flicts. These are things that we are not is imperative that we provide the youth able to control, no matter how large our around us with an introduction to our Karen Morrison, PE equipment yard is. Though we are not world. Without an infusion of new work- able to have power over these events we ers, technicians, engineers and manag- certainly are able to create improvements ers, the constructing that maintains our one person at a time. clean water, power grid, transportation infrastructure and protection from the el- I recently read a book about Greg Morten- ements will continue to be considered an son’s nearly single-handed efforts to unnecessary, unattractive career path. provide education to people in the most Our industry can take an active role in remote regions of the Himalaya. Since reaching out to the various places where 2003 he, and now the foundation that our children are learning – Boy Scouts, supports him, have provided schools for Girl Scouts and 4-H all have programs tens of thousands of students who would that provide kids with new experiences. Without an infusion of new workers, technicians, engineers Boys and Girls Cubs, technical school programs, and and managers, the constructing that maintains our clean water, BOCES all can use some real- power grid, transportation infrastructure and protection from world exposure. Consider the elements will continue to be considered an unnecessary, encouraging your field work- unattractive career path. ers, crew leaders and project engineers and managers to not have ever had the opportunity – all for take some time to visit these groups and about $20,000 per school plus $1 per day classrooms and invite groups to visit your for the teachers. His purpose began as a office or jobsites. Reach out to guidance way to repay the village that saved his life counselors; provide literature for their and has turned into an effort to combat career bookshelves. Purchase a BuildUp! terrorism. By educating children, they in Tool kit from AGC of America and help turn will be able to support themselves teach the lessons. Be a mentor. Volun- and their families without succumbing teer. Continue to be a visible example in to the financial influence flaunted by the the community. radical forces around them. This is an ex- Our industry is the lifeline to the health ample of one person, doing the right thing of our nation and, yes, even the world, for the right reason, with huge results. and we can be a part of its success and Though it would be an amazing thing, I repair – one person at a time. am not suggesting that we all go build Ms. Morrison is a Professional Engineer schools in foreign countries. What I and serves as the Vice President, Trans- am suggesting is that we consider the portation and Technical Services for the

AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE impact we can individually have on the AGC NYS. 22 SAVE AGC NYS Contractor Members Can Save 22% off Monthly Access Calling Plan fees. 22% Verizon Wireless has teamed up with National Purchasing Partners Construction and AGC NYS, LLC to provide special offers to qualifying construction companies.

Qualifying members may be eligible to receive: Contact Jeff Debeech with • 22% off Monthly Access Calling Plan fees. Verizon at 914-329-5454 1- or 2-yr. line term on plans $34.99 or higher required. today to find out more For Family SharePlan® discount only available on primary line. about how you can save • Unlimited VZEmail for only $20/month required. 22% off your wireless New 2-yr. line term and Voice Calling Plan of $34.99 or higher. Retail price $44.99. bill, plus extra savings on • 35% off eligible Verizon Wireless accessories. email, internet, push-to- talk, and accessories. • Plus, for a limited time get a $100 bill credit! New 2-yr. line term on plans $34.99 or higher required. Offer ends 7/7/09. You can also call AGC NYS at 518-456-1134. Members, ask for Carla Start saving today with 3 simple steps: Plankenhorn; non- • You must be an AGC NYS, LLC Member in good standing. members ask for Dennis Kiefer. • Join National Purchasing Partners. • Review details of your account with Verizon Wireless. Plus, employees of qualifying companies can get 18% off We’ll put you in contact with a regional representative of Verizon Wireless to help guide you through the process. their personal accounts.

The Associated General Contractors of America has not endorsed this contract. In order to participate, companies must meet all eligibility requirements of the National Purchasing Program Member Agreement, and be a Member in good standing with the AGC NYS, LLC. VerizonWireless Surcharges (incl. Fed. Univ. Svc. of 11.4% of interstate & int’l. telecom charges (varies quarterly), 7¢ Regulatory & 85¢ Administrative/line/mo., & others by area) are not taxes (details: 1.888.684.1888); gov’t. taxes & our surcharges could add 5% to 36% to your bill. Activation fee/line: up to $35 ($25 for secondary Family SharePlan lines w/2-yr. Agmts.). IMPORTANT CUSTOMER INFORMATION: Offer available only to National Purchasing Partners Member corporate lines. National Purchasing Partners Member corporate lines are subject to Member Agmt. Up to $175 early termination fee & other charges. Add’l. $20 device initiation fee may apply. Device capabilities: Add’l. charges & conditions apply. Offers & coverage, varying by service, not available everywhere. Accessory discounts are off retail price and cannot be combined with bundled offers or promotions. Bill credit applies to wireless usage charges on your monthly bill, will appear within 60 days and cannot be combined with other equipment or service promotions. While supplies last. Shipping charges may apply. Network details & coverage maps at verizonwireless.com. Limited time offers. AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE © 2008 Verizon Wireless. 23 EVENT HIGHLIGHTS

2010 AGC NYS Annual Meeting a Success!

he 2010 Annual Winter Meeting was held recent- Tly in Los Croabas, Puerto Rico. Over 200 of our Building and Highway members attended the five-day conference in the 85 degree weather at the magnifi- cent El Conquistador Golf and Casino Resort. In addition to the many committee meetings everyone had a good time partici- pating in the Volley Ball, Bocce Ball and Golf Tournaments; not to mention the Snorkel Sail Tour, which was a big hit. The major highlight of the event was the election of our new AGC 2010 Chairman, Mr. Mark Bres- lin of Turner Construction Co. The evening also saw the election of the Highway Division Chairman Jeff Hanlon of Slate Hill Constructors Inc. and Ms. Tina Schneider of Purcell Con- struction Corp. as the Building SAnd, Sun, Surf Division Chairwoman. If you missed the opportunity to attend this year, you can attend next year, January 30-February 4, 2011 at the Westin Casuarina in Grand Cayman. The 83rd We would also like to thank event sponsors: Fuller O’Brien & Gallagher, the AGC of Puerto AnnuAl WinTer Rico, Milton CAT, Barrett Pav- ing Materials, BBL Construc- tion Services and Iannelli Con- MeeTing struction Co. 24 Event Highlights AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE 25 Save the Date The Anthony S. Santaro AGC NYS Scholarship Classic

June 22nd, 2010 Turning Stone Resort and Casino in Verona

A five man scramble and two man best ball competitions will be held on the Shenendoah and Kaluyat courses.

We are accepting items for the player gift pack and the silent and live auctions that are held that evening. If you would like to donate an item for the gift pack (275 pieces or for 70 dozen golf balls) or the auction please contact Cathy Newell at 518- 456-1134 or via email at [email protected] 26 Event Highlights

2010 Annual Meeting Sports Awards Winners

Bo cc e To u r n a m e n t Third Place - Titanic First Place Thomas Tyrrell Robert & Jill Rook Emily Tyrrell Fred Stutzman Second Place Leah Tyrrell John & Brenda Werely Tom Tyrrell

Go l f To u r n a m e n t Fourth Place – Barrett Castle Longest Drive Samantha Owens Tom Tyrrell Scott Mundorff Scot Owens Closest to the Pin Melinda Mundorff Milt Kotin Helene Narracci

Low Net - Less than 5 people Paul McCoy First Place - Milt Kotin Wake of the Titanic Karen Morrison Scott Mundorff John Czebiniak Steve Bussanmas Second Place - Towers of Imagination Low Gross – Johanna DiCerbo John Gonyea Sophia Compagni Joe O’Malley Tom Traver Third Place - Volcano Castle Scott Harrigan Cole Compagni Matthew Galasso Vo l l e y ba l l To u r n a m e n t Not Albany Volleyball - Jeff Hanlon Scot Owens Scott Collins Robert Doucet Dale Carlson Brian Hanlon Kelly Hanlon

Sa n d ca s t l e Co n t e s t : Five or more people First Place - Coconut Cove Mia Galasso Julia Galasso Julia Benson Lauren Benson

Second Place - Old San Juan Gaia Parish Josh Osinski Anderson Osinski Hayden Hill Ed Parish Carley Parish AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE 27 Event Highlights AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE 28 Think you know what’s below? Think again. Call or click before you dig. Make sure underground utilities are marked to prevent damage, service interruption and injuries. April is National Safe Digging Month– a great time to remind coworkers Call or visit DigNet and employees to call or click before online to schedule you dig. Remember, excavators and a free safety presentation! contractors working in New York City and Long Island are legally required to contact DigNet by phone, 1-800-272-4480 or 811, or online at least 48 hours before starting any mechanized digging.

If working outside the five boroughs or Long Island, contact Dig Safely New York. www.DigNetNYCLI.com

Excavator_3.25x4.5.indd 1 3/12/10 1:51 PM AGC NYS CORNERSTONE Spring 2010 29 ENVIRONMENTAL REPORT

New York’s Latest Environmental Regulatory Updates: Part I

By Brendan Manning

brendan Manning

Whatever route you chose to n 2006, New York State passed the En- equipment exempted includes: self-pro- handle retrofits, vironmental Conservation Law 19-0323 - pelled caterpillar crawler-type equipment, protecting our IUse of Ultra Low Sulfur Diesel Fuel and road rollers, tractor cranes, truck cranes, environment was Best Available Retrofit Technology for Heavy power shovels, road building machines, the overall intent of Duty Vehicles. It wasn’t until July 30, 2009 snow plows, road sweepers, sand spreaders the law. Whether that the Department of Environmental Con- and earth movers. These descriptions leave servation Issued the Rules and Regulations a lot open for interpretation. Basically this the industry is for the Law – Title 6 NYCRR, Part 248. law covers trucks entering and exiting your successful in The law states that Heavy Duty Vehicles be- sites. Some of those included are asphalt changing the ing used “on behalf” of state agencies and and concrete trucks, delivery trucks (sheet regulation or not, it authorities must be: rock, steel, lumber) which include semis, will become a reality box trucks, etc. • Retrofit with a BART “Best Available sooner than later. Retrofit Technology” Device. The requirement in the law states that not less than 33 percent of the vehicles entering • Replaced or repowered with an engine a public jobsite (not private) must follow certified to EPA 2007 standard for Par- the above mentioned rules by December 31, ticulate Matter or subsequent EPA stan- 2008; 66 percent by the end if 2009 and 100 dard at least as stringent. percent by the end of 2010. • Replaced with an alternative fuel engine State agency and authority work is classified or vehicle which does not operate on die- as DOT, DASNY, OGS, SUCF, MTA, Thru- sel fuel or way Authority etc., and not Municipalities • Retire the vehicle or remove vehicle’s or School Districts. engine. Although the AGC and GBC opposed the A Heavy Duty Vehicle by their definition is legislation in 2006, it passed the Assembly any on and off-road vehicle powered by die- and Senate and was signed by the governor sel fuel and having a gross weight of greater in record time. Once the bill was signed, than 8,500 pounds. The key to the NYS Law the AGC also tried to amend the bill with

AGC NYS CORNERSTONE Spring 2010 definition is actually the exempted pieces of little success. The regulations go on to say AGC NYS CORNERSTONE Spring 2010 equipment. that contractors are required to report on 303030 Environmental Report

their fleet, and also the fleets If a level 3 product is be- of their subcontractors and lieved to be applicable, ex- applicable suppliers. In ad- amine the EPA/CARB veri- dition to all subcontractors, fication paperwork to make they expect reports from certain it will be applied concrete, fuel, masonry, and correctly and in accordance lumber suppliers, and other with the verification require- vendors whose fleets regu- ments. larly visit the construction site. Verified retrofit technologies can be found at: After the regulations were issued in July 2009, many 1. EPA: NYS Agencies and Authori- www.epa.gov/otaq/ ties began issuing memos retrofit/verif-list.htm informing contractors that 2. CARB: they would have to supply www.arb.ca.gov/diesel/ fleet information retroactive- verdev/vt/cvt.htm ly into 2008 and 2009. With A lawsuit was filed by two AGC NYS some pushing and prodding If no classification level 3 members and the NYS Construction from AGC NYS and others, product is determined appli- DEC changed their mind Materials Association that is looking cable and available for use and decided to only consider for some relief on the matter. If the on a specific HDV engine enforcement in 2010 rather lawsuit is unsuccessful and no other and application, then the then retroactively enforcing form of relief is provided, members will regulated entity or contractor continues the evaluation the regulations. A DEC let- be required to comply by the end of the process for a level 2 device ter dated October 27, 2009 year. stated that, “due to the timing and so on down the line. of regulatory effectiveness, Some suggested steps mov- it would be a hardship for amount of time. That means retrofit” means, then you ing forward include: regulated entities and their you will be at risk until the should ask them to contact • Performing an HDV contractors to comply with results of the lawsuit are the manufacturer about ret- inventory according the retrofit requirements of known, and may have trou- rofitting your particular piece to the DEC prescribed Part 248 for calendar years ble accomplishing the ret- of equipment to meet the format. 2008 and 2009.” rofits before the end of the state standards. Many times, A lawsuit was filed by two year. While the lawsuit has a the manufacturer has already • View the DEC done all of the homework on AGC NYS members and the strong case to present to the inventory forms at: your model and engine type. NYS Construction Materials court, each member compa- http://www.dec.ny.gov/ Association that is looking ny will need to decide on the When it comes time to test chemical/4754.html. for some relief on the matter. appropriate course of action you vehicles for the proper Look under Part 248. until the lawsuit is decided. If the lawsuit is unsuccessful device you must first start • Work with an approved and no other form of relief is with a level 3 BART device. Ge tt i n g Sta r t e d w i t h emissions retrofit provided, members will be Re t r o f i t s BART classification levels: distributor that required to comply by the represents a end of the year. However, If you don’t have your own • Level 3 (highest): > manufacturer with the physical testing of your fleet manager, you need to 85% PM reduction verified technologies. vehicles (to determine the contact the firm that you’ve • Level 2: > best technology), combined purchased, leased and/or get • Determine the 50% PM reduction with the actual procurement your equipment serviced by. technologies that are and installation of the de- If they hesitate and have no • Level 1 (lowest): > either EPA or CARB vices will take a significant idea what the word “diesel 25% PM reduction verified for each HDV. Spring 2010 AGC NYS CORNERSTONE continued on page 32 31 ENvironmental Report

New York’s Latest Environmental Updates (continued from page 31) • Establish an exhaust heat profile. This means installation of a data logger on the HDV for a period of three days that represent normal duty cycle conditions. • Place temperature probe at the muffler inlet. Have the vendor supply you with the data log results along with their letter that summarizes the results. • Prepare a timetable - Develop a plan that will bring your fleet into compliance. Most retrofit device manufacturers build as ordered and therefore do not stock items. Whatever route you chose to handle retrofits, protecting our environment was the overall intent of the law. Whether the industry is successful in changing the regulation or not, it will become a reality sooner than later. If no classification level 3 product is A special thanks to Wayne Clark of Milton CAT for help with this determined applicable and available for use article. For more information contact AGC NYS Education and En- on a specific HDV engine and application, vironmental Director Brendan Manning at [email protected] then the regulated entity or contractor Pa r t II – Er o s i o n a n d Se d i m e n t Co n t r o l s continues the evaluation process for a level 2 device and so on down the line. Pa r t III – NYS Gr e e n Bu i l d i n g Co n s t r u ct i o n Act

INDIVIDUAL ATTENTION. TEAM RESOURCES. Our attorneys have been practicing in the Construction Law area for over 40 years. We have the resources you need and the experience you can trust.

Robert F. Silkey Vic J. Kopnitsky, Jr. Michael J. Balestra

308 Maltbie Street, Suite 200 120 Washington Street, Suite 500 Syracuse, New York Watertown, New York 13204 -1498 13601-3330 3 1 5 . 4 7 4 . 7 5 4 1 315.786.7950 www.menterlaw.com AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE 32 THE CRISIS PROGRAM

TCP urges You To TAKE

Rich Couch ACTION by Steve Stallmer and Rich Couch

ate last year, The Crisis Program (TCP) hired a Washington, D.C.- based public relations firm, Xenophon Strategies, to mount an ag- Lgressive campaign to increase state funding for New York State roads and bridges. The multi-media campaign will raise awareness of the growing threat to public safety and call on our state legislators to provide adequate funding. TCP will utilize Xenophon to develop new digital tactics, like Fa- cebook and Twitter, and to create more traditional methods of advertising, such as television commercials and billboards. The centerpiece of this effort is our new website, www.NYBridgesAreFallingDown.com, which was launched on January 14th. The site will allow visitors to identify the status of every bridge in each county via an interactive county-by-county map, send personalized letters to their legislators, and sign up for updates via text messaging and email. A Facebook group and a Twitter feed, as “Safe NY Steve Stallmer Bridges,” will allow users to interact with one another and dis- tribute campaign news online. These social mediums allow TCP to contact more people in a more efficient and cost effective way. Plus, growing this network of advocates is an integral part of our TCP long-term, grass-roots efforts. With just a few simple clicks, citizens can send a form letter to their State Senator and Assemblyman urging the adoption of the NYS Department of Transporta- tion’s $25.8 billion five-year capital plan. These letters are automatically transmitted to the legislators’ offices in Albany and are critical toa continued on page 34 With just a few simple clicks, citizens can send a form letter to their State Senator and Assemblyman urging the adoption of the NYS Department of Transportation’s $25.8 billion five-year capital plan. These letters are automatically transmitted to the legislators’

offices and are critical to a successful campaign. AGC NYS CORNERSTONE Spring 2010 33 The Crisis Program

TCP Urges You to Take Action (continued from page 33) Traditional successful campaign. Please help our efforts by visiting the website and taking action today. Advocacy Just follow these easy Action Steps: Efforts 1. Log on to www.NYBridgesareFallingDown.com 2. Get informed by reading “The Facts” and checking out the “News Continue Room.” ur more traditional advocacy 3. Click on the “Take Action” link to send a letter to each of your efforts have not been side elected representatives (State Senate and Assembly) expressing your lined. TCP staff continues concerns about the condition of our infrastructure. A form letter is O to work with Chamber of Commerce already written, so all you need to do is enter your address. groups in Buffalo, Rochester, Syra- cuse, and Ticonderoga. We continue to 4. Keep updated on this important issue by visiting the “Get Info” link. work with the Bridge of Life Commit- 5. Let others know about this effort by using the “Tell Others” link or tee in Saratoga County and The Lake by inviting your friends and relatives to visit www.NYBridgesare- Champlain Bridge Coalition in Essex FallingDown.com. We are also on Facebook and Twitter at SafeNY- County. And we continue to grow our Briges. Please log on and become a fan. grass-roots action network, which cur- rently has over 250 members. We need your voice! The TCP Advocate continues to carry out our advocacy message. The Febru- ary edition was mailed to 1,141 (both McKissack & McKissack construction industry and non industry) households across New York. The

Construction February newsletter was designed to Management give the reader background and data so they could contact their lawmaker Program Management in support of roads and bridges. We also sent an Action Alert to our grass- Consulting roots advocates which will outline our funding needs and make them aware Transit Healthcare of our on-line efforts. Aviation Commercial We also continue to be involved with Academic media advocacy. We have been work- civic ing with advocates to place letters to the editor in daily papers statewide. TCP staff drafted an Op-Ed piece for the Buffalo News which connected Building to Bring Change concrete falling off of the Cleveland For More than 100 Years Drive Bridge in Cheektowaga with the desperate need to fully fund New York 150 West 30th Street State’s infrastructure needs. Suite 1200 New York, NY 10001 Steve Stallmer is Vice President of Gov- 212.349.6500 t ernment and Public Affairs for AGC of 212.760.4259 f NYS.

www.mckissack.com Rich Couch is the Director of Advocacy AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE for The Crisis Program. 34 Superior Industrial Construction and Highway Materials Services Products • Major Highways • Ready-mix Concrete • Bridges • Precast Concrete • Locks • Asphalt Concrete (Blacktop) • Industrial Site Development • Crushed Limestone • Hydroelectric Facilities • Agricultural Lime • Specialty Steel Fabrication • Washed Concrete Sand and Welding • Mason Sand • Environmental Services • Topsoil • Structural Steel Erection D.A. Collins • Cold Planing and Paving Construction Co., Inc.

• Portable Crushing D.A. Collins Environmental Services, LLC. • Concrete Pumping Kubricky Construction Corp.

Jointa Galusha, LLC. Pallette Stone Corp.

Environmental Soil Management, inc.

101 Route 67 • P.O. Box 191 • Mechanicville, N.Y. 12118-0191 Spring 2010 AGC NYS CORNERSTONE Phone: 518.664.9855 • Fax: 518.664.0925 • www.dacollins.com 35

37 Focus on Safety

EPA’s Lead-Safe Renovation, Repair, and Painting (RRP) Rule: Are You Ready?

By Jim Redmond

Jim Redmond GC NYS has been “getting the such housing for elderly or persons with word out” about the U.S. Envi- disabilities) or any 0-bedroom dwelling. ronmental Protection Agency’s A Child-occupied facility means a building, Lead-Based Paint Renovation, Repair and or portion of a building, constructed pri- Painting (RRP) Program slated to take ef- or to 1978, visited regularly by the same fect in April 2010. By that date, construc- child, under six years of age, on at least tion firms must apply for and receive EPA two different days within any week (Sunday certification to disturb paint as part of their through Saturday period), provided that work in pre-1978 housing and child-occu- each day’s visit lasts at least three hours, pied facilities. the combined weekly visits last at least six AGC NYS has received numerous calls hours, and the combined annual visits last regarding the applicability of the standard. at least 60 hours. Child-occupied facilities If the specs call for the “abatement” of may include, but are not limited to, day

AGC NYS has been “getting the word out” about the U.S. Environmental Protection Agency’s Lead-Based Paint Renovation, Repair and Painting (RRP) Program slated to take effect in April 2010. By that date, construction firms must apply for and receive EPA certification to disturb paint as part of their work in pre-1978 housing and child-occupied facilities.

lead, this standard does not apply and the care centers, preschools and kindergarten abatement typically would be performed classrooms. Child-occupied facilities may by an environmental contractor follow- be located in target housing or in public ing EPA regulations pertaining to “abate- or commercial buildings. With respect to ment” projects. EPA’s Lead-Safe RRP rule common areas in public or commercial covers “renovation or demolition” of lead buildings that contain child-occupied fa- containing surfaces in target housing and cilities, the child-occupied facility encom- child-occupied facilities. The standard passes only those common areas that are defines “target housing” and “child-occu- routinely used by children under age six, pied facilities” as follows: such as restrooms and cafeterias. Common Target housing means any housing con- areas that children under age six only pass structed prior to 1978, except housing for through; for example hallways, stairways, elderly or persons with disabilities (unless and garages; are not included. In addi- any one or more children age six years or tion, with respect to exteriors of public or

AGC NYS CORNERSTONE Winter 2009 Spring 2010 AGC NYS CORNERSTONE under resides or is expected to reside in commercial buildings that contain child- 4238 Focus on Safety

occupied facilities, the child-occupied facil- or more than 0.5 percent by weight. ity encompasses only the exterior sides of the If lead-based paint is present, contractors per- building that are immediately adjacent to the forming renovation activities on those surfaces, child-occupied facility or the common areas that exceed the allowable square foot exemp- routinely used by children under age six. tions, must be a certified firm and have employ- Note: The standard does allow for six square ees that are certified renovators. In addition, feet of disturbance for interior work and 20 all of these jobs must be supervised by certified square feet for exterior work to be performed renovators; specifically, individuals who have without having to be a certified company or completed an EPA-accredited, full-day train- renovator. However, this work can not be per- ing course. Plus, other craft workers on such formed utilizing a prohibited practice. The jobsites must be properly trained and equipped standard identifies a prohibited practice to in- to follow the RRP Program’s lead-safe work clude open flame burning or torching, using a practices when performing their assigned tasks. heat gun above 1100 degrees Fahrenheit, and Failure to comply with EPA’s RRP Program using power tools without a HEPA vacuum at- requirements could result in penalties of up to tachment. $37,500 per day per violation. When bidding on “target housing” or a “child- For additional information, contact AGC NYS occupied facility,” make sure lead surveys are or visit EPA’s web site at http://epa.gov/lead/ provided and completed. Confirm that all com- pubs/renovation.htm or call the National Lead ponents to be disturbed during the renovation Information Center (NLIC) at 1(800) 424- process have been tested. As per the standard, LEAD [5323] to find out more. lead-based paint is defined as paint or other surface coatings that contain lead equal to or in Jim Redmond is AGC NYS’s Safety & Health excess of 1.0 milligrams per square centimeter Services Director. AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE 39 Event highlights

Industry Conference

ot only did December 8th welcome NY, SUCF and the NYS Thruway Authority all the first significant snowstorm of the provided staff as trainers or moderators, speak- Nwinter, but it also brought nearly 1000 ers and attendees. The occasion continues to construction industry professionals into Sara- be the finest networking opportunity for the toga Springs for the three-day AGC of NYS New York construction industry. Construction Industry Conference. This was the 23rd year for the Construction Industry The conference serves as an occasion to high- Conference, which continues to provide new light excellence in our industry. Awards were training and workshop opportunities for con- presented for Safety, Environmental and Part- struction staff and managers alike. Be sure to nering Excellence. Additionally, student schol- mark your calendars for the 2010 event – De- ars were recognized and presented with their cember 7th -9th; in Saratoga. award checks. Nearly 60 vendors also provide displays of the latest innovations in the field. Thomas DiNapoli, the NYS Comptroller, presented the keynote address to the general ses- It is through the participation and support of sion. He offered some valuable insight into the our members and public agency partners that operations of New York State and the impact AGC is able to continue to provide you with of financial considerations on our industry. this outstanding opportunity for training, edu- In addition to our members, our NYS public cation and interaction with your peers. We agency partners also contributed greatly to the look forward to seeing you all in Saratoga in success of the Conference. OGS, DOT, DAS- December of 2010!

Mark Galasso (at podium); Stan Gee, NYSDOT Commissioner; Jim Davies, NYSOGS Deputy Commissioner, Design and Construction; Chris Marcella, SUCF Director of Design; and Rick Bianche, DASNY Senior Director, Project Management. Not pictured: Michael Fleischer, NYSTA Executive Director 23rd Annual Construction Event Highlights

Mark Breslin, Mark Galasso, NYS Comptroller Thomas DiNapoli and Butch Marcelle

Joe Hogan, AGC of America Cheif economist Ken Simonson, and Steve Butch Marcelle and Dave Glattly of East Jordan Iron Works Stallmer

Dutchess Quarry and Supply Co

Arborio Road, Pleasant Valley, NY, 12569 (914) 635-8151

Bituminous Concrete Central Mix Concrete Crushed Stone

Plants Located at: Pleasant Valley, NY and Goshen, NY

AJ Castelbuono and NYS Comptroller Thomas DiNapoli

41 Event highlights AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE 42 Event Highlights

A Breed Apart

The conference serves as an Hard Work. Honesty. Quality of occasion to highlight excellence in our Services. These are our founding industry. Awards were presented for principles we’ve brought to every Safety, Environmental and Partnering job for more than 40 years. Excellence. Student scholars were also recognized and presented with their A TRUSTED BREED SINCE 1966 award checks. www.mainedrilling.com 518-632-9170 7190 State Route 40, Argyle, NY 12809

Save the Date AGC NYS 2011 Annual Winter Meeting January 30th - February 4th Westin Casuarina Resort, Cayman Islands AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE 43 EDuCATION REPORT

teaching our kids about construction

Have you volunteered to help your local construction career day’s event this year?

Albany - April 21st-22nd Newburgh - TbD binghamton - October 6th Rochester - October 20th-21th buffalo - September 29th-30th Syracuse – October, TbD finger Lakes Region - October 6th-7th utica - TbD Ithaca - May 4th Westchester - March, 2011 AGC NYS CORNERSTONE Spring 2010 44 Education Report AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE 45 AdVERTISERS INdEx

IfC Admar Supply Co., Inc 37 Gateway Equipment Corp. 4 Atlas fence IbC Gateway Equipment Corp. & Milton CAT 16 barrett Paving Materials, Inc 36 Goldberg & Connolly 46 bST 28 Hanson Aggregates 36 Couch White, LLP 39 Harrison & burrowes b ridge Construction 35 DA Collins Construction, Co Inc 15 Hayward baker, Inc 15 DiCerbo/ Northwestern Mutual 19 Iannelli Construction Co., Inc. 29 Dignet 37 JC Smith, Inc 21 Donnelly Construction, Inc 43 Maine Drilling & blasting 41 Dutchess Quarry and Supply Co., Inc 34 McKissack & McKissack 21 Elderlee, Inc 32 Menter, Rudin, Trivelpiece, P.C. 29 EMI Guide Rail, LLC 29 Pavilion Drainage Supply Co, Inc 1 Erdman Anthony 44 Peckar & Abramson, P.C. 14 Ernstrom & Dreste, LLP 11 Transpo Industries, Inc 4 The fort Miller Group 23 Verizon bC fuller & O’brien, Inc If you are interested in advertising in a future issue of Cornerstone magazine please contact Frances Holzhauer, Publications Director, at [email protected] or by calling the AGC NYS office at 518.456.1134 AGC NYS CORNERSTONE Spring 2010 46 Associate’s Corner

For Your Eyes Only: The Role of Scheduled Oil Sampling (S.O.S.)

By Josh Gaynor Service Solutions Manager

process, regularly follow- ing up and taking action on the results, S.O.S. can be a waste of money and time, giving you an illusion of proper maintenance but not providing any real value. Let’s start by defining scheduled oil sampling as a program that allows you to get an insight into the health of your machine by collect- ing, analyzing and inter- ave you already ex- preting small amounts of oil Reliable results begin with the proper taking of samples. perienced the dif- and other fluids stored in the • Monitoring performance • A plugged water pump ference that planned cavities of the components – paying attention to weep hole. This is a H in your machine, including equipment maintenance power, slippage, exces- problem that can lead makes on your fleet perfor- the engine, powertrain, hy- sive oil consumption. to major engine failure, mance, and are you com- draulics, braking and cool- and can be detected ear- • Monitoring tell-tale mitted to improving your ant system. Scheduled Oil ly enough with S.O.S. if physical warning signs practices? Then this article Sampling is one of a num- coolant is found in the such as smoke and leak- is for you. You’ll find some ber of important tools that oil. updates, important points can be used to support your ing components. • A bad injector. Another and useful reminders about decision-making when it Used together, those activi- relatively easy-to-fix the role and the appropriate comes to maintenance, help- ties will help you determine problem that can lead implementation of sched- ing you lower your owning why a machine is function- to major failure and is uled oil sampling, or S.O.S. and operating costs, maxi- ing the way it is, and can detected by the appear- mizing component life and support your follow-up steps When talking about sched- ance of fuel in the oil. If optimizing your investment. to maintain its current per- uled oil sampling, or S.O.S., not remedied, the fuel formance or to improve it. the first question that needs Others include: quickly breaks down to be addressed is who needs • Cutting and inspecting What are some examples the viscosity of the oil, S.O.S.? If you think the an- filters and looking for of problems that S.O.S. which in turn can lead to swer is obvious – everyone debris that may not ap- can help you catch early component breakdown. needs S.O.S. – think again. enough so you can take pear in oil sampling. • Compromised air in- Unless you are committed care of them before they take. If silicon is found to a disciplined, consistent • Keeping track of hours become much bigger and in your oil, it is a good regimen, adhering to the on components. more costly? Spring 2010 AGC NYS CORNERSTONE continued on page 48 47 Associate’s Corner

For Your Eyes Only (continued from page 47) substances that come not from the machine’s overall health, but un- oil itself but from around the port, less you take the time to look at the data from the sampling will be the data and use what you learn to flawed. guide your maintenance decision- making, you are just wasting your 4. Sampling from a cold engine. resources. You need a warm sample from a machine that has been run; a cold In closing, let’s emphasize again that sample is not representative and scheduled oil sampling is an important can give you faulty information. information tool that can support your maintenance decision-making. It is 5. Labeling sample containers with not magic, it doesn’t work when used Online postings of timely results incorrect information. and recommendations, in an easy to without the other available tools, and it understand format, have become a real 6. Not taking into account other rel- is not to be seen as a stand-alone op- tool for many customers. evant machine information such as eration to be done only once when you have an issue, but as a program. indication that there may be a pin operating environment. hole in a filter, or a loose or broken 7. Neglecting particle counting. A rel- As important as performing the in- filter housing clamp. Any of those atively new aspect of oil and fluid house steps; including committing to can greatly affect the performance of your machine. Without an infusion of new workers, technicians, engineers and managers, the constructing that maintains our clean water, In addition, an important benefit of a power grid, transportation infrastructure and protection from well-executed and documented S.O.S. the elements will continue to be considered an unnecessary, program comes at the time of selling the machine. The historical data pro- unattractive career path. vided by oil sampling goes a long way a program, proper collection, labeling to substantiate the claim that the ma- analysis, it allows for the tracking and shipment of samples and follow- chine was properly maintained. of larger pieces of foreign material and contaminants that may collect ing up on results; is having the best re- Eight Mistakes to Avoid: over time in your oil. source as a partner for your S.O.S program. Choose a vendor based on their 1. Focusing on the condition of the 8. Not taking action! This is a very knowledge of both oil and equipment. oil and not on what the oil is telling common mistake, and carries the you about the machine. Whoever worst consequences. S.O.S. pro- Josh Gaynor is the Service Solu- is testing and reporting on your oil vides you with a very useful bank tions Manager for Milton CAT: should know about equipment, not of information regarding your [email protected] just about oil. What Story Can an Oil Sample Tell You About a Machine? 2. Forgetting that to be effective, sampling must be a program. One sam- ecently, we processed an oil sample, the first on this particular wheel ple is of no value – the purpose of Rloader, that brought back an unusual combination of results for a ma- sampling is to determine baselines, chine with such relatively low hours: and from there, trends. Trending, when negatively, can tell you when • The additive package in the oil was breaking down indicating excessive there is a problem, and when posi- heat. tively, can indicate that a problem • Dilution in the oil indicated the machine ran a great deal at low RPMs. has been fixed. • Silicon and debris in the oil indicated a very dirty, dusty work area. 3. Sampling from a dirty port. Re- member the old computer saying, After speaking with the customer, it became clear why. This sample came “Garbage in, garbage out?” If your from a machine that worked long hours, day after day, in a coal plant. The sample has particles of foreign recommendation to the customer? More frequent fluid changes and strict

AGC NYS CORNERSTONE Spring 2010 AGC NYS CORNERSTONE adherence to preventive maintenance protocol. 48 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

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