The Future of New York s Construction Industry Starts Here

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1 NEWS FOR CONSTRUCTION PROFESSIONALS IN NEW YORK STATE OFFICIAL PUBLICATION OF THE AGC OF NEW YORK STATE Fall 2012 The Future of New York s Construction Industry Starts Here AGC NYS Graduates 23 from Future Construction Leaders Program Register for the 2012 Construction Industry Conference Also inside: 10 Airline Drive, Suite 203 Albany, NY AGC NYS Legislative Scorecard

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5 INDEX FEATURES 4 Engineering Matters Karen Morrison AGC NYS, LLC Officers Mike Benson, Chairman BCI Construction Inc. Paul Posillico, Vice Chairman Posillico Civil, Inc. Vincent Iannelli, Treasurer Iannelli Construction Co. Gary Hill, Secretary Union Concrete & Construction Corp. Butch Marcelle, Immediate Past Chairman The Fort Miller Co., Inc. 8 Challenges and Opportunities Mike Elmendorf 10 Message from the Chairman Mike Benson Construction Industry Conference AGC NYS Staff Michael J. Elmendorf II, President and CEO Joe Hogan, VP, Building Services Dennis Kiefer, Member Services Director Brendan Manning, Education & Environmental Director Stacy Manny, Administrative Assistant Karen Morrison, VP, Transportation & Technical Services Cathy Newell, VP, Operations Walter Pacholczak, VP, Government Affairs Carla Plankenhorn, VP, Finance Jim Redmond, Safety & Health Services Director Carl P. Zeilman, Communications Director 11 Bridge Safety Program Changed Forever NYS Department of Transportation 18 Concerning BID Forms Joe Hogan 22 Bring Your Own Device Policy Carla Plankenhorn AGC NYS Legislative ScoreCard Contact us: Find AGC NYS on Facebook Search: AGC NYS AGC NYS, LLC 10 Airline Drive, Suite 203 Albany, NY (518) The AGC NYS is always looking for good action photos of those in the building and construction industry. Please provide full identification of all individuals in the photograph. The next deadline for submissions is October 31st. Please your photo to: czeilman@agcnys.org. NEWS ONLINE... The Cornerstone current and past issues can be accessed online at 26 OSHA Regulations and Enforcement Jim Redmond 28 Legislative Corner NYS Senator Mike Ranzenhofer 46 AGC NYS Training Calendar Scholarship Winners 3

6 Eng ineering Mat ters Fall 2012 By: Karen Morrison, VP of Transportation & Technical Services AGC NYS Industry Conference XXVI The Super Bowl of Construction Information December 4-6, 2012 Make plans now for a trip to Saratoga in December where you will be able to learn about new technical innovations, become certified in core competency for field work, and hear from industry experts on best practices in all areas of your business. As in the past, many of our workshops will be certified for Professional Development Hours for Engineers. We will also present an Industry Trade Show featuring scores of vendors. You won t want to miss this year s several featured speakers. Including: o Eric Giguere with his Buried Alive presentation on excavation safety o Theodore Zoli, ENR Award of Excellence recipient and engineering innovator Workshop topics organized into five categories Building, Highway, Safety, Management and Technology include: o CM-GC, P3 and other procurement best practices o Legal and business office topics o Featured projects and mega-projects Build NY winners and inside info o Safety for builders and heavy civil works o FMI experts on OOC management o much more Training and Certification courses: (Tuesday December 4 separate registration required) o SPDES 3-year Trained Individual/Qualified Inspector o HMA Density Testing Inspector 5-year Re-certification Exam only o Work Zone topic to be announced New in the plans for this year: o Technology demos and mini project automation trade show Watch for details and don t miss out. This conference sells out every year. See you in Saratoga! 4

7 December 4-6 Saratoga Hilton-Saratoga Springs REGISTER TODAY Over Three Dozen Workshops Available Tuesday, December 4 Wednesday, December 5 Thursday, December 6 Future Construction Leaders CPM and P6 Training SPDES Trained Individual/ Qualified Inspector Jeffrey J. Zogg Build NY Award Presentations A complete list of conference training seminars is available online Conference Welcome Opening Keynote Eric Giguere Training and Educational Opportunities Safety Excellence Awards Scholarship Recognition Workshops Construction EXPO & Technology Showcase For more information about the 2012 Construction Industry Conference, or to learn about sponsorship opportunities, please call (518) or visit: Partnering Awards Trainings and Educational Workshops Keynote Speakers David Catalfamo Ted Zoli AGC NYS CORNERSTONE Spring

8 Conference Registration Form Conference fee of $205 per person* for reservations received by November 19th, Cost after November 20th is $220 per person. * Registration includes all meals and conference materials but excludes hotel reservations and any workshops that require seperate fee(s) as noted in workshop description. Enclosed is $ card. in conference fees in the form of a check payable to AGC NYS LLC or credit Cardholder Name: Credit Card Number: Expiration Date: CVV2 Code on back of card: Street Number: Zip Code: for billing address Signature: Company Name: Address: City: State: Zip: Phone: List of attendees: Mail or fax registration form to: AGC NYS LLC, Conference 10 Airline Drive, Suite 203 Albany, NY Phone: Fax: Questions? Please contact us at: cnewell@agcnys.org Refund Policy: No refunds will be given for cancellations received after November 28, 2012 or for no shows on the days of the conference. 12. Cost per Attendee 1 = $205 7 = $ = $410 8 = $ = $615 9 = $ = $ = $ = $ = $ = $ = $2460 6

9 Elections Have Consequences, Especially This One By Stephen E. Sandherr CEO, AGC of America It is a sad fact of political life today that neither party seems to have a monopoly on the partisan pettiness that has made it so difficult for Washington to tackle our growing debt, address our stagnant economy or make needed reforms to the way we fund infrastructure investments. All this partisan rancor makes it is easy to wonder whether it truly matters which party controls either body of Congress or the White House. They are all awful, so why should I care, is something many of us have probably asked ourselves at one point or another. But the fact is you should care especially this year because elections really do have consequences. And while the political and philosophical differences between Republicans and Democrats are far narrower than between major parties in other countries, they are still quite significant. These differences include the nature and scope of government regulations, the amount small business owners should pay in taxes, investments in infrastructure and whether public officials should impose project labor agreements. Given the challenges in passing major new legislative initiatives, many of these differences in political outlook play out via semi-obscure government rule makings and regulatory interpretations that often generate little media coverage, but have a significant impact on your bottom line. The White House could move forward with a host of costly new requirements, like the proposed mud rules or the extremely burdensome new federal hiring quotas, even if Congress never passes another bill. At the same time, control of Congress will impact future infrastructure measures, tax rates and the fate of Obamacare, among other major measures. The consequences of this election are indeed quite significant especially as Americans will be going to polls after years of economic downturn and a recovery that can best be described as somewhere between stagnant and tepid. To the extent Washington policies influence the health of our economy, this election could be crucial to the strength of the overall economy. The choice is between continuing with the current approach, or trying something different. There is the potential for a dramatic shift in the balance of power with this election. Come November 7, we are likely to see Republicans holding onto their control of the House and a split in the Senate between Republicans and Democrats, giving control of the upper house to whichever party holds the White House. Republican presidential contender Mitt Romney has a very good chance of winning in November. There s always a danger in predicting who will win elections, particularly when you are forecasting at the time this was written - three months before the election. But it is extremely safe to say that the outcome of this year s elections will be decided by an extremely narrow margin. So if you like the idea of Republicans controlling the House, the Senate and the White House, you need to get out and vote on November 6th. If you prefer split power in Washington, you need to get out and vote. And if you would prefer a return to all Democrat control in Washington, you too need to get out there and vote. Because if you don t vote and the election turns out in a way you don t like, the odds are good you will have very few people to blame but yourself! 7

10 Message from the President and CEO By: Mike Elmendorf, President and CEO of AGC NYS, LLC It s hard to believe that it is already the Fall edition of the Cornerstone magazine. Although the Summer months are behind us, as we look ahead there is still plenty of work to do. Over the past nine months, we as a construction industry association have come a long way. Our membership recruitment and retention efforts have been extremely successful, particularly in this challenging economy. As the largest and leading construction industry association in New York State and one of the largest AGC chapters in the nation, our standing allows us to influence and to be a very loud and effective voice in all matters pertaining to our membership. Remember, you can save on your annual dues and help strengthen AGC NYS and our voice by referring a member. Call Carla Plankenhorn for details at (518) Our Legislative program and political efforts continue to grow and become more effective under the direction of Walter Pacholczak, Vice President of Government Affairs. Walter s efforts have placed AGC NYS in a very strong position to meet the legislative challenges that adversely affect our industry. The rebranding of the Crisis Program to the new Rebuild New York Now campaign has been a highlight these past few months and has helped spread the message of the importance of infrastructure investment all infrastructure across the board to the general public. The aggressive communications program implemented a little over a year and half ago is paying huge dividends. AGC NYS is now the primary resource of construction industry related information for local, state and national media outlets. AGC NYS is consistently quoted in both state and national stories related to the construction industry providing the Association with free earned media on a regular basis. The media now seeks us out for comment, including this summer the Associated Press, which asked AGC NYS to comment on a national story on shale gas development. Not only was AGC NYS the only business or industry association quoted in the story, but it ran in hundreds of media outlets worldwide. These earned media successes not only shows our standing as the State s leading professional construction industry association, but it also assists with our recruiting and legislative efforts. Recognizing that a safe workplace is a productive workplace, the AGC NYS continued to provide industry standard safety services to educate Members and their employees on safe work practices and field conditions and to assist Members with any OSHA concerns they may have. Regularly scheduled field inspections are on a fee for service basis. Safety services and our two safety professionals, Jim Redmond and Dennis Kiefer, are available to both Building and Highway members. This service not only enhances productivity, but helps reduce workers compensation and liability costs and ensures OSHA compliance. For more information on Safety Services or specific training needs please contact Jim Redmond if you are located in Syracuse or West at (585) or Dennis Kiefer if you are East of Syracuse or Downstate at (518) Its important to note that AGC NYS Workers Compensation Safety Group 550 remains an attractive option for Members current workers comp coverage. The group consists of over 50 AGC NYS contractor Members and is on pace for another stellar year. The group offers up front discounts and has NEVER had a dividend below 25%. Underwritten by the New York State Insurance Fund, the safety group is managed by the very experienced G.C.G. Risk Management, and loss control services are provided by AGC NYS safety staff. We encourage all Members to take a closer look at Safety Group 550 for their comp coverage. I want to thank the membership for helping make the 2012 AGC NYS Anthony S. Santaro Scholarship Classic held at Turning Stone Resort & Casino the most successful golf classic to date, despite perhaps the occasional errant ball out on the course. We had a record turnout with over 300 golfers participating, raising more than $50,000 for the scholarship program and auctioned off some great and, in the case of our pieces of art, highly collectible items. The Summer Meeting at the 8

11 As we head into the final months of 2012, we are not slowing down... We have several exciting events and programs being offered that are second to none and worth taking part in. Sagamore Resort was not only a lot of fun, but provided great content for our members. Two hundred participants attended the three day meeting on beautiful Lake George to network, take part in several roundtable discussions focused on design-build and local government infrastructure initiatives, and ultimately enjoy the breathtaking beauty of the Adirondacks. During the meeting, AGC NYS graduated 23 industry professionals from the Future Construction Leaders Program. Congratulations! Brendan Manning, AGC NYS Education and Environmental Director, has been busy putting together the 2012 Design-Build Certification Workshop which kicksoff later this month and is the first design-build program certification offered by a construction industry association in conjunction with DBIA New York State. This five day course is designed for both AGC NYS Building and Highway Members, as well as Specialty Members, insurance professionals, engineers and attorneys, to name a few. I encourage you to visit AGC s website, to learn more about this first of its kind opportunity for AGC members. Registration is now open for the highly anticipated 2012 Construction Industry Conference being held from December 4-6 in Saratoga Springs, New York. The Construction Industry Conference is an annual event recognized by those in the industry as the biggest and most important construction industry conference in New York State. The aim of the conference is to serve as an educational based forum for participants from government agencies and professionals in the industry, and we have top notch programs and speakers coming together for the conference. I encourage you and your firm to take advantage of all that the Industry Conference offers. As always, if you have a question, comment or concern please call the office at (518) Our staff and I are ready and willing to assist you with whatever you may need. Call us, put us to work and let us know what AGC NYS can do for your company and let us know if and how you would like to get more involved. We want you to get the most out of your membership. I look forward to seeing or hearing from you soon. 9

12 Message from the chairman Mike Benson, Chairman of AGC NYS, LLC The last quarter of 2012 is upon us. I hope that everyone is enjoying a busy and productive construction season. There are many important events happening in the near future, but none more critical than the 2012 Elections. If you haven t done so already, I encourage each of you to utilize the AGC NYS Membership Incentive Program. Simply recruit a new member or members to AGC NYS and save on your dues. For more information about this program, contact AGC NYS staff at (518) or look for the announcement in this issue of the Cornerstone. It is important that you as Members and your staff are provided with information to assist you in voting responsibly this cycle. Therefore, included in this issue of the Cornerstone magazine, you will find the 2012 Construction Industry Scorecard. This is a first for AGC NYS. This tool will inform our membership about where legislators stand on key issues impacting the construction industry during this Legislative session. We are excited about this new feature and believe it will help not only better inform our members, but also hold our elected officials more accountable. Since our merger in 2009, AGC NYS continues to prove that building and highway contractors standing shoulder-to-shoulder as one association is absolutly the right thing to do. We are business people and contractors working in the same industry with the same goals, sharing many of the same concerns and the same problems. Almost four years ago, two associations combined their resources and talents making AGC NYS New York State s leading construction industry association, building New York s infrastructure, hospitals, schools and private economy. Our clout and effectiveness have become much stronger as a result, and we continue to expand and improve the ways AGC NYS serves and advocates for the industry. The entire industry! I want to thank AGC NYS President and CEO Mike Elmendorf and the entire staff for working dayin-and day-out to ensure that AGC NYS offers services, programs, trainings and events that are second to none. For the very reasons I mentioned above, and because of Members, AGC NYS added several new members this past quarter including, The Rifenburg Companies, Tishman Construction and New Century Construction / ING Civil, LLC, to name a few. Participation among AGC NYS Members was very strong at the 2012 Summer Meeting held at the Sagamore Resort on Lake George. AGC NYS staff exceeded expectations yet again by offering Members seminars, trainings, networking opportunities and a social atmosphere that is pleasant and relaxing. If you haven t had the chance to attend a Summer Meeting I encourage you to do so next year. We are positioned to end this year and kick-off 2013 on a high note. Between now and December, AGC NYS staff has scheduled numerous trainings and networking opportunities to help keep you up-to-date and to assist you and your staff with professional development. On the horizon is the 26th Annual Construction Industry Conference taking place December 4-6 in Saratoga. Look for conference information and a registration form in this issue of the Cornerstone. As always, we are looking for sponsorships at this event where we expect over 1,000 attendees from the industry. It s also time to start planning for the 2013 Winter Meeting! This year, AGC NYS members and staff will gather at the Westin Casuarina in Grand Cayman January 25-30, Join us for five days of networking, in a beautiful Caribbean setting. If you would like to make arrangements for a suite or if you have any specific needs please contact Cathy at These are just a couple of events happening in the next few months. Please visit the AGC NYS website: for a complete calendar of events and training opportunities that are available. As always, if you have comments, suggestions or ideas, please do not hesitate to contact me or AGC NYS staff at (518) Only with your participation and feedback can we continue to be a leader in the industry. 10

13 Bridge Inspection and Safety Program Changed Forever Twenty-five years ago, in the wake of the tragic bridge collapse in Schoharie County that took 10 lives in upstate New York, the New York State Department of Transportation responded to ensure a similar catastrophe would never occur. In the process, the Department became a national leader in bridge safety. We will never forget the lives lost at the Schoharie bridge, New York State Department of Transportation Commissioner Joan McDonald said. If any positive can come out of such a tragedy, it is that 25 years later, we are still using the lessons learned to keep the state s bridges safe. The legacy of the Schoharie bridge collapse is a bridge inspection and safety program that became a model for the rest of the nation and still exceeds the standards of many other states. Richard Marchione, NYSDOT s deputy chief engineer of structures, sums it up, The Schoharie Bridge collapse made us step back, take a hard look at our entire bridge safety program and make it better than ever before. New York State s Graber Bill was enacted in 1988 and directed the Department of Transportation to ensure the highest level of public safety for its bridges. Though the Schoharie bridge was on the New York State Thruway Authority system, and though bridges owned, operated and maintained by public authorities and localities are still the responsibility of those entities, the Graber Bill gave the State DOT the power to close any bridge in the state that it deems unsafe. Furthermore, DOT has oversight over all bridge inspections and is required to report all highway bridge conditions, including authorities, to the Federal Highway Administration (FHWA) each year. Through a combination of state forces and private consultants, DOT inspects about 10,000 bridges annually. Additionally, the Uniform Code of Bridge Inspection was developed and implemented by New York State DOT following the Thruway bridge calamity. This brought inspection standards for the Empire State s more than 17,000 highway bridges to a consistent level. New York State DOT s bridge inspection program meets all of the requirements of the Graber Bill and consistently receives high marks from FHWA for meeting or surpassing National Bridge Inspection Standards (NBIS). NYSDOT was one of the first states to require licensed professional engineers (PEs) to lead every bridge inspection team, which some states still do not require. These PEs must also have a minimum of three years of bridge-related experience. New York State DOT proactively conducts yearly training for all key members of its bridge inspection teams to keep them up-to-date on critical issues, technologies and procedures. Underwater bridge inspection requirements were also adopted by DOT following the Schoharie collapse. All bridges over water in New York State are required to be inspected by divers at least every 60 months. Some are required to have these underwater inspections even more frequently if their conditions warrant. The 60-month diving inspection interval was later incorporated into the NBIS. New York State DOT s diving inspectors look for signs of hydraulic failure, such as the erosion of sediment around bridge foundations, known as scour. Scour undermines bridge supports. Extensive scour under one of its piers was the primary cause of the Thruway bridge collapse. New York s bridges are now designed and constructed so that the impacts of scour are lessened. In addition, the State DOT established a bridge safety assurance program to look at bridge vulnerabilities to avoid similar tragedies. Inspectors will also look to see if high water or ice jams caused any movement of the beams and deck known as the superstructure of the bridge abutments and piers. This would be another form of hydraulic failure. cont. on page 17 11

14 Associated General Contractors of New York State Legislative Scorecard Scoring: 3 Supported AGC NYS Position (vote or bill sponsor) X Opposed AGC NYS Position (vote or bill sponsor) - Missed Vote (excused, absent, not in office) The legislative scorecard is based on votes cast, votes missed, and sponsorship of bills. Bills Supported A.9944-A (Gunther) / S.7187-B (Bonacic) - Authorizes the state comptroller to verify and pay the claim of A. Servidone, Inc./B. Anthony Construction Corp., J.V. against the state of New York. Final Action: Signed into law by Governor Andrew Cuomo. S.5202-A (Ranzenhofer) / A.7768-A (Brennan) Relates to claims and actions against the New York City School Construction Authority. Final Action: Passed Assembly Did not pass Senate. S.6816 (Gallivan) / A.2835 (Morelle) - Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees. Final Action: Did not pass Assembly or Senate. S.6258-D (Budget) / A.9058-D (Budget) Diesel Retrofit Extension / NY Works - While AGC NYS and a coalition of business organizations fought for repeal of DERA, the New York State Budget included a one year extension allowing businesses more time to comply. Establishes the NY Works Task Force to develop a coordinated capital infrastructure plan among state agencies and authorities. Final Action: Signed into law by Governor Andrew Cuomo. S.5430 (Ranzenhofer) / A.2929 (Zebrowski) This bill mandates that a contractor be given timely notification of allegations of underpayment by a sub-contractor in order to hold that contractor liable. Final Action: Did not pass Assembly or Senate. 12 Bills Opposed S.5149-E (Bonacic) / A.9371-A (Abbate) - Relates to labor performed under certain public work contracts; defines job order contract as certain competitive bid, indefinite quantity, fixed price, multi-task contracts; provides that such contracts shall have a defined scope of work and detailed description of such work; provides that such information shall be filed with the fiscal officer before soliciting for bids; provides that the cost of a job order contract may not exceed $500,000.Final Action: Held in Assembly Committee/ Passed Senate. S.6267 (Golden) / A.8997 (Wright) - Enacts the New York State Commercial Goods Transportation Industry Fair Play Act ; redefines the definition of employee. Final Action: Held in Assembly and Senate Committee.

15 Government Affairs 2012 Legislative Scorecard Bill Number Party S.7187-B /A.9944-A S.5202-A/A.7768-A S.6816/A.2835 S.6258-D/A.9058-D S.5430/A.2929 S.5445/A.8487 S.5149-F/A.9371-C S.6267/A.8997 Issue Nullified Contract Claims Against SCA Scaffold Law Reform Diesel Retrofit/NY Works Timely Notice Public-Private Partnerships Job Order Contract Commercial Goods Transportation AGC Position Support Support Support Support Support Support Oppose Oppose AGC NYS Bill Status Passed Senate No Senate Action No Senate Action Passed Senate No Senate Action No Senate Action Passed Senate No Senate Action Rating Senator Eric Adams D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Joseph Addabbo D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC Bill Sponsor James Alesi R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Tony Avella D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Greg Ball R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action John Bonacic R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Neil Breslin D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC Bill Sponsor David Carlucci D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action John DeFrancisco R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Bill Sponsor Supported AGC No Senate Action Ruben Diaz D Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action No Senate Action Opposed AGC No Senate Action Martin Dilan D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Bill Sponsor Opposed AGC Bill Sponsor Tom Duane D Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action No Senate Action Opposed AGC Bill Sponsor Andriano Espaillat D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Did Not Vote Bill Sponsor Hugh Farley R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action John Flanagan R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Bill Sponsor Opposed AGC No Senate Action Charles Fuschillo R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Bill Sponsor Opposed AGC No Senate Action Patrick Gallivan R Supported AGC No Senate Action Bill Sponsor Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Michael Gianaris D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Martin Golden R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Bill Sponsor Opposed AGC Bill Sponsor Joseph Griffo R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Mark Grisanti R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Kemp Hannon R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Bill Sponsor Opposed AGC No Senate Action Ruth Hassel-Thompson D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Shirley Huntley D Did Not Vote No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Did Not Vote Bill Sponsor Owen Johnson R Supported AGC No Senate Action No 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Supported AGC No Senate Action Bill Sponsor Opposed AGC No Senate Action Elizabeth Little R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Carl Marcellino R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Jack Martins R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Bill Sponsor Opposed AGC No Senate Action George Maziarz R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Bill Sponsor Supported AGC No Senate Action Roy McDonald R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Velmanette Montgomery D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Michael Nozzolio R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Thomas O'Mara R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Suzi Oppenheimer D Supported AGC No Senate Action No Senate Action Did Not Vote No Senate Action Bill Sponsor Opposed AGC Bill Sponsor Kevin Parker D Supported AGC No Senate Action No Senate Action Supported AGC Bill Sponsor No Senate Action Opposed AGC No Senate Action Jose Peralta D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Bill Perkins D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Michael Ranzenhofer R Supported AGC Bill Sponsor No Senate Action Supported AGC Bill Sponsor Bill Sponsor Supported AGC No Senate Action Patricia Ritchie R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Gustavo Rivera D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC Bill Sponsor Joseph Robach R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Steve Saland R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action John Sampson D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Diane Savino D Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action No Senate Action Opposed AGC Bill Sponsor Jose Serrano D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC Bill Sponsor James Seward R Supported AGC No Senate Action Bill Sponsor Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Dean Skelos R Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Malcolm Smith D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action Bill Sponsor Opposed AGC No Senate Action Daniel Squadron D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC Bill Sponsor Toby Ann Stavisky D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC Bill Sponsor Andrea Stewart-Cousins D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC Bill Sponsor David Storobin R Opposed AGC No Senate Action No Senate Action Did Not Vote No Senate Action No Senate Action Opposed AGC Bill Sponsor David Valesky D Supported AGC No Senate Action No Senate Action Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Cathy Young R Supported AGC No Senate Action Bill Sponsor Supported AGC No Senate Action No Senate Action Opposed AGC No Senate Action Lee Zeldin R Supported AGC No Senate Action No Senate Action Supported AGC Bill Sponsor Bill Sponsor Supported AGC No Senate Action 13

16 Government Affairs 2012 Legislative Scorecard CONSTRUCTION INDUSTRY LEGISLATIVE SCORECARD Bill Number Party A.9944-A/S.7187-B A.7768-A/S.5202-A A.2835/S.6816 A.9058-D/S.6258-D A.2929/S.5430 A.8487/S.5445 A.9371-C/S.5149-F A.8997/S.6267 Rating Issue Nullified Contract Claims Against SCA Scaffold Law Reform Diesel Retrofit/NY Works Timely Notice Public-Private Partnerships Job Order Contract Commercial Goods Transportation AGC Position Support Support Support Support Support Support Oppose Oppose Bill Status Passed Assembly Passed Assembly No Assembly Action Passed Assembly No Assembly Action No Assembly Action No Assembly Action No Assembly Action Assemblymember Peter J. Abbate, Jr. D Supported AGC Did Not Vote No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor Bill Sponsor Thomas J. Abinanti D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action George Amedore R Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Carmen E. Arroyo D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Jeffrion L. Aubry D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor William A. Barclay R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Didi Barrett D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Inez D. Barron D Supported AGC Supported AGC No Assembly Action Opposed AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Michael Benedetto D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor Bill Sponsor Ken Blankenbush R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action William F. Boyland, Jr. D Supported AGC Supported AGC No Assembly Action Supported AGC Bill Sponsor No Assembly Action No Assembly Action No Assembly Action Philip Boyle R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Edward C. Braunstein D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor James F. Brennan D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Anthony Brindisi D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Harry B. Bronson D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor No Assembly Action Alec Brook-Krasny D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Daniel J. Burling R Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Marc W. Butler R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Kevin A. Cahill D Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Nancy Calhoun R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Karim Camara D Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Ron Canestrari D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Robert J. Castelli R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Nelson L. Castro D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor John D. Ceretto R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Barbara M. Clark D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor William Colton D Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor Bill Sponsor James D. Conte R Did Not Vote Did Not Vote No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Vivian E. Cook D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Jane L. Corwin R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Marcos A. Crespo D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Clifford W. Crouch R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Brian Curran R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Michael Cusick D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor No Assembly Action Steven Cymbrowitz D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Michael G. DenDekker D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Jeffrey Dinowitz D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Janet L. Duprey R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Steve Englebright D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Rafael Espinal D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Herman D. Farrell, Jr. D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Gary D. Finch R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Michael J. Fitzpatrick R Opposed AGC Opposed AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Christopher S. Friend R Supported AGC Supported AGC No Assembly Action Opposed AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Dennis H. Gabryszak D Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Sandy Galef D Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action David F. Gantt D Supported AGC Did Not Vote No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Vanessa L. Gibson D Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Joe Giglio R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Deborah J. Glick D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Phillip Goldfeder D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Andy Goodell R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Richard N. Gottfried D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Al Graf R Supported AGC Did Not Vote No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action 2012 CONSTRUCTION INDUSTRY LEGISLATIVE SCORECARD Aileen M. Gunther D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Sean T. Hanna R Opposed AGC Opposed AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Stephen Hawley R Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Carl E. Heastie D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor Bill Sponsor Andrew Hevesi D Did Not Vote Supported AGC Bill Sponsor No Assembly Action No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Dov Hikind D Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Earlene Hooper D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Rhoda Jacobs D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Ellen Jaffee D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Hakeem Jeffries D Did Not Vote Did Not Vote No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Mark Johns R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Tony Jordan R Opposed AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Steve Katz R Opposed AGC Supported AGC No Assembly Action Opposed AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Brian Kavanagh D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor 14 George S. Latimer D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor Bill Sponsor Charles D. Lavine D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Joseph R. Lentol D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Barbara Lifton D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action

17 Michael Kearns D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Micah Kellner D Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Brian M. Kolb R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Rory I. Lancman D Did Not Vote Did Not Vote No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor George S. Latimer D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor Bill Sponsor Charles D. Lavine D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Joseph R. Lentol D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Barbara Lifton D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Guillermo Linares D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Peter D. Lopez R Opposed AGC Supported AGC No Assembly Action Supported AGC Bill Sponsor No Assembly Action No Assembly Action No Assembly Action Vito J. Lopez D Did Not Vote Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Dan Losquadro R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Donna Lupardo D Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action William Magee D Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action William B. Magnarelli D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Alan Maisel D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Nicole Malliotakis R Supported AGC Supported AGC No Assembly Action Opposed AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Margaret M. Markey D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor Bill Sponsor Shelly Mayer D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor David G. McDonough R Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor John J. McEneny D Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Tom McKevitt R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Steven F. McLaughlin R Opposed AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Grace Meng D Did Not Vote Did Not Vote No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Donald R. Miller R Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Joel M. Miller R Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Michael Miller D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor Bill Sponsor Joan L. Millman D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Michael Montesano R Opposed AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Joseph D. Morelle D Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action Bill Sponsor No Assembly Action No Assembly Action Francisco P. Moya D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Dean Murray R Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Catherine Nolan D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Daniel J. O'Donnell D Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Bob Oaks R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Félix Ortiz D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Philip A. Palmesano R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Amy Paulin D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Crystal D. Peoples-Stokes D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action N. Nick Perry D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor J. Gary Pretlow D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Dan Quart D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Edward P. Ra R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Annie Rabbitt R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action 2012 CONSTRUCTION INDUSTRY LEGISLATIVE SCORECARD Andrew P. Raia R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Phil Ramos D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Bill Reilich R Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Bob Reilly D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action José Rivera D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Naomi Rivera D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Peter M. Rivera D Supported AGC Did Not Vote No Assembly Action Supported AGC Bill Sponsor No Assembly Action Bill Sponsor Bill Sponsor Samuel D. Roberts D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor No Assembly Action Annette Robinson D Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Robert J. Rodriguez D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Linda B. Rosenthal D Supported AGC Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Addie J. Russell D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Sean Ryan D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Joseph S. Saladino R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Teresa R. Sayward R Supported AGC Supported AGC Bill Sponsor No Assembly Action No Assembly Action No Assembly Action No Assembly Action No Assembly Action William Scarborough D Did Not Vote Did Not Vote No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Michelle Schimel D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Robin Schimminger D Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Sheldon Silver D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Michael Simanowitz D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action Bill Sponsor No Assembly Action Aravella Simotas D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Frank Skartados D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Kevin Smardz R Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Eric A. Stevenson D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Robert K. Sweeney D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor James Tedisco R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Claudia Tenney R Opposed AGC Supported AGC Bill Sponsor Opposed AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Fred W. Thiele, Jr. D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Matthew Titone D Did Not Vote Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Michele R. Titus D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Lou Tobacco R Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Raymond Walter R Supported AGC Supported AGC Bill Sponsor Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action Helene E. Weinstein D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Harvey Weisenberg D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action No Assembly Action David I. Weprin D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Keith L.T. Wright D Supported AGC Supported AGC No Assembly Action Supported AGC No Assembly Action No Assembly Action No Assembly Action Bill Sponsor Kenneth Zebrowski D Supported AGC Supported AGC No Assembly Action Supported AGC Bill Sponsor No Assembly Action No Assembly Action No Assembly Action 15

18 Member Spotlight AGC NYS Member for 50 years Patrick Murnane, President Murnane Building Contractors, Inc. Offices in Plattsburgh, Utica, and Syracuse, NY 1. What is the biggest challenge your company faces today? Like many contractors, I struggle to find manpower for our projects during peak construction periods. The diminishing labor force in the basic construction trades is a major concern. Our industry needs to market itself to the primary and secondary schools. If we show them opportunities for work and advancement within a dynamic and creative industry, we should be able to convince more young people to join our industry in construction trades position. By avoiding the extraordinary expense of a college education, and entering the workforce immediately after high school, they may be far better off economically than their peers who elect to go on to college. 3. What does it mean to be an authorized builder for Star Building Systems? Pre-engineered building systems are a niche market for our firm. We utilize Star Buildings on many of our Design-Build projects. Star Building Systems offer good products that are very cost competitive when compared to traditional structural building systems. 4. What are some new initiatives for your company in 2012/13? After two consecutive lean years in the construction marketplace, we are looking toward increasing construction volume. We expect to add a number of new positions to our management staff in the coming year. 2. What is something that most people do not know about your company? We have three offices that operate independently with regional Vice Presidents; Jim Hogel in Utica, Mike Cowden in Syracuse, and Steve Welch in Plattsburgh. With multiple regional offices, sometimes people are surprised to learn that the office they work with is part of a larger construction company. 5. What do you enjoy doing in your spare time? My wife, Sheila, and I spend our summers at our vacation home on Lake Champlain. I enjoy swimming, and wakeboarding. Sheila grew up on a golf course, so she is encouraging me to play more bad golf. In the winters, I spend time snowboarding at Whiteface Mountain near Lake Placid. My main hobby is playing guitar and singing off-key. It drives my wife and kids nuts. 16

19 Bridge Inspection and Safety Program Changed Forever cont. from page 11 Engineers inspect steel and concrete detail for any problems. They look for seismic changes, such as settling or shifting of the earth under a bridge. And they inspect for collision damage caused by crashes into the bridge of vehicles on land or vessels in the water. Several elements of New York State DOT s strengthened bridge safety and inspection program became models for the nation in the wake of the collapse. But the anniversary of the failure also highlights the great needs of America s transportation system. Governor Andrew M. Cuomo has recognized this and made infrastructure investment and notably transportation infrastructure the cornerstone of his economic development policy. N Y S & V T C E R T I F I E D W B E / D B E Offering highway protection from the ground up. Governor Cuomo s NY Works program is tackling these needs by accelerating projects for bridges that are on the state deficient list and on which construction can begin in This fasttracked bridge program will use either a traditional design-bidbuild means, or the design-build project delivery methodology that has been newly enacted in the Empire State under Governor Cuomo. Apart from that, however, the preservation of transportation infrastructure across the country remains a challenge, both at the state and national levels. New York State DOT has recently instituted an initiative it calls the Forward Four that will help guide decision-making regarding the safeguarding of bridges and roads. The DOT s approach places a priority on preservation and focuses on the intertwined transportation network rather than its individual components, maximizing the return on taxpayer investment, ensuring the sustainability of the system and protecting public safety. GUIDE RAIL BRIDGE RAIL HIGHWAY SIGNS Undoubtedly, bridges need attention. New York State s bridges are an average of 46 years old and 32 percent of them are deficient. A deficient condition rating indicates deterioration at a level that requires corrective maintenance or rehabilitation to restore the bridge to its fully functional, non-deficient condition. It does not mean that the bridge is unsafe. If any bridge is unsafe, New York State DOT closes it. Transportation For America reports that there are more than 69,000 structurally deficient bridges nationwide 11.5 percent of total highway bridges in the United States. The U.S. Chamber of Commerce predicts that if transportation networks continue to deteriorate, the nation s economy could lose as much as $336 billion in growth over the next five years. With over a decade of proven service, safety and value. E M I G U I D E R A I L, L L C 693 River Road, Schenectady, NY Ph While Governor Cuomo and the New York State DOT are doing their part, more clearly must be done on the national level to avoid a repeat of the Schoharie tragedy. 17

20 Concerning Bid Forms - The KISS Principle is Recommended By: Joe Hogan, VP of Building Services As part of my education process in the mysteries of the construction business early on with the association, I was called upon to run a bid for a Member. The bid was to a State Agency in Albany. Given that I am getting a bit long in the tooth, this was effectively before cell phones so I had to get down there early to find a pay phone. I wasn t early enough. I found a half covered pay phone you know, the one that is only enclosed on 3 sides at the top. It was February cold and windy. As I stood with my right elbow on the bid forms to keep them from blowing away, my left shoulder holding the phone and pen in my left hand taking down the numbers for base bid and 6 alternates (the dozen unit prices were already completed), I cursed the fool architect who not only demanded those things on the bid form but also wanted it in duplicate. Freezing my tail off, I stuffed the completed forms in the envelope as I sprinted up the street to the appointed building and room. Fortunately, I was young, spry and I got there just in time. Since that time, things have gotten no better. In fact, while cell phones make things easier in some ways, the bid forms have become more complex. The number of alternates has increased, more information is required on the forms, detailed breakdown of bids are required and there is often a number of superfluous documents required to be appended to the forms. It is commonly held that the more complex the form of proposal, the greater the chance of dispute, difficulty, and a negative impact on competition. The goal here should be to achieve the best value possible. To do that, bid forms should be simple. Bidders should be allowed to concentrate on the task at hand, keeping pencils sharp and providing the best price possible. By adding requirements for extraneous information with the bid, you may impede concentration 221 S. Warren Street Syracuse, NY (315) Fax (315) Contact: Kenneth C. Gardiner on that goal and increase the chance that either the best value won t be attained or that a mistake will be made in the bidding. Most of the information required in these proposal forms would be best required post-bid, pre-award or, perhaps, only required of the three low bidders, or those in real contention for the award. It would simplify the process, help achieve maximum competition and provide for more accurate and useful information. Bid Breakdown - Separate Contracts/Phases of Work: We have noted recently requirements for separate quotes within the overall for various phases of work, buildings or other portions of the work. Besides being a cumbersome bidding process, some question is raised as to whether the owner intends to break these sections out for separate awards to different contractors. If so, the rules of the game have been changed. Not only would bidders need to be informed prior to bidding, certain general requirements would need to be changed. What happens, for example, to the bid security and bonding issues? Bid Breakdown by CSI Code: Noted more commonly are requirements for the base bid to be broken down by CSI code or some other manner convenient to the designer.the breakdown requested follows a pattern the designer has set. While this pattern may be convenient and necessary from a design and specifications 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. 18

21 Building - AGC NYS In Your Corner standpoint, it is not necessary with the bid and contractors should not be hamstrung so. Means, methods and techniques are for the contractor s account. To properly list these items with the bid would be a herculean task of determining the breakdown in subcontractor quotes. The realities of the competitive bidding process would work against that task. The piece of information most important at bid time is the lump sum bid along with any alternates to be considered. Not only does a breakdown of those items unnecessarily complicate the process, it may well follow that the breakdown requested would not be as accurate as it would be if required post-bid. Sublisting: Often noted is the requirement to provide a list of proposed subcontractors and materials (along with prices) with the bid. The realities of the bidding process makes this difficult, if not impossible. Verbal quotes come in as close as fifteen minutes prior to bid opening, leaving no time to check the validity of those quotes. Those quotes are often qualified relative to scope and it is possible that no two are the same. In mere minutes, the general contractor must try to determine whether the low number is a good one from a good sub; realizing that a competitor may be using that number. From a legal perspective on public work, sublisting requirements are generally considered to be illegal. In the case of GBC v. the City of Syracuse, the NYS Court of Appeals affirmed that such listing requirements violate the competitive bidding laws in that they are illegal forms of prequalification. With all that said, it should be noted here that the recent changes to the Wicks Law demands the listing, in a separate envelope, of the MEP subcontractors with their price at the time of bid. Failure to so list is supposed to be cause for automatic rejection of the bid. Even where the bidding documents have not required such a list, you should do it anyway. If you are the second bidder and the low bidder has not done so, you might just get lucky. At the least, you may be able to force a rebid. Alternates: As budgeting for projects becomes more suspect based on the volatility of the market or the quality, or lack thereof, of the entity providing the pre-construction estimates, we often note an increasingly large number of alternates to be submitted with the bid. Such a course of action takes focus away from the base bid, complicates the subcontractor bidding process and raises the potential for disputes on public work. Alternates should be minimized and used only for budgetary purposes rather than aesthetic whim. Each alternate should be simple; normally requiring the addition to or deletion from the bid of one subcontractor or supplier. In addition, the bid form should be clear about the way that the alternate bid should be provided. Often, I see a bid form that looks like this: Alternate 1 (add/deduct). Disputes are not uncommon about the way that the bidder indicates whether his alternative bid was an add or a deduct. Truthfully, I wonder why the author of the documents can t figure out whether the alternate is an add or a deduct. Finally, to avoid perception issues about the award, bidders should be told how the alternates will be awarded, the order of priority, for example. Unit Prices: I often note a significant number of unit price quotes required with the bid. Like the alternates, overuse unnecessarily complicates the process. In fact, I often wonder about the value of these with a lump sum bid. They are likely not going to be factors in the award (on public work they cannot be) and usually included in the documents is a statement that the owner is not bound by those unit prices and reserves the right to negotiate them. Hogan s Law: You have heard, of course, about Murphy s Law. Being Irish, I can t go without my own. Hogan s Law deals with public bidding whereby the legal strictures about award must be adhered to. Where a great deal of superfluous bidding requirements are included, someone is likely to make a mistake. That someone will always be the low bidder. Given that, there is an unnecessary dispute brewing relative to what is a responsive bid; what can be waived, what must be waived and a consistent approach to the answers. If you waive the mistake and award to the low bidder, the second bidder is likely to challenge. If you reject the bid, the low bidder is likely to challenge. I strongly recommend that anyone (designers, owners, owner reps) who is or who will likely be tasked with putting bidding requirements together get educated before they do so. That education should consist of sitting in a general contractors office on bid day (not with a project they or their firm is associated with) and observing the bidding operation. Watch how and when the sub prices come in; pay attention to the scope justification process and how alternates play into that and note the interplay between the office and the bid runner. Those who have done so are likely to put simpler processes together in the future. I had occasion a few years ago to make this pitch to a group of young architects in a large NYC firm. They were generally amazed at what I told them because they had been told by college professors that the general contractor has put the price together days before the bid opening and that he spends the last several days poring over the documents in search of claim/ change order potential. Wow! Staff Contact: Joe Hogan 19

22 Welcome NEW MEMBERS AGC 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 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: CONTRACTOR MEMBER AsSOCIATE MEMBERs New Century Construction LLC/ ING Civil Inc. 11 Arch Street Watervliet, New York (518) Fax: (518) Tishman Construction Corp. of New York 100 Park Avenue New York, NY (212) Fax: (518) Allen & Desnoyers LLP 90 State Street. Suite 602 Albany, New York (518) Fax: (518) E-BizDocs, Inc. 85 Broadway Menands, New York (518) Fax: (518) Greystone-Risk Management, LLC 120 DeFreest Road Troy, New York (518) Kushnick Pallaci PLLC 445 Broadhollow Road, Suite 124 Melville, New York (631) Fax: (631)

23 Arthur Ravenel Bridge I-495 HOT Lanes Yankee Stadium Pedestrian Truss Arthur Ravenel Jr. Bridge Charleston, SC- 33,607 Tons Steel I-495 HOT Lanes Washington, DC- 21,500 Tons Steel Cleveland Innerbelt Belt Bridge Cuyahoga County, OH- 19,947 Tons Steel Intercounty Connector Contracts A-C Montgomery County, MD- 14,044 Tons Steel Milton-Madison Bridge Jefferson County, IN- 8,165 Tons Steel Six Mile Creek Bridge Erie County, PA- 1,738 Tons Steel Dulles Corridor Metrorail Project Vienna, VA- 1,531 Tons Steel I-495 Bridges- Lowell Bridge Bundle Lowell, MA- 548 Tons Steel Yankee Stadium Pedestrian Truss New York, NY- 310 Tons Steel Route 42 Emergency Project Greene County, NY- 239 Tons Steel Harlem River Drive Ramp at RFK Bridge New York, NY- 194 Tons Steel For decades, High Steel Structures Inc has served the New York market for bridge steel. With New York s recent decision to authorize the use of Design-Build for project delivery, we look forward to sharing our considerable experience as a participant in Design-Build projects. Call us early in the project cycle for assistance in determining the most cost-effective, competitive structural steel solution for your bridge project. We will work with your design team on a confidential basis to develop a steel superstructure that is cost-efficient and meets any aesthetic requirements. High Steel Structures Inc Old Philadelphia Pike P.O. Box Lancaster, PA Please contact Tom Wandzilak, Business Development Manager Phone (717) TWandzilak@high.net 21

24 Do You Have a Bring Your Own Device Policy? Should You? The easy answer is: Yes, you should. The harder question, of course, is: What should it be? By: Carla Plankenhorn, VP of Finance The Upsides Having employees bring their own devices (BYOD) can reduce upfront costs associated with acquiring, deploying and maintaining devices to reduce the number of required support personnel, as well as the amount of IT support calls from employees afterward, making employees more productive. Often times employees, especially younger ones and/or those in creative/knowledge positions, have better/faster/more cutting edge equipment at home, making for a dismal day on company provided equipment. By being more flexible, workers can be more comfortable with their devices and therefore more productive. BYOD allows a change in the corporate landscape to help lessen the possibility of single vendor lock-in. The transition from home user device to corporate user device can be an easy one through the use of VPNs, corporate-sponsored anti-virus software and agent-based security compliance. User devices and corporate data can remain secure and stable. The Downsides Data security is crucial to protect business assets. Despite the abundant amount of providers, many consumers continually choose to opt out of purchasing antivirus software, thus creating a security gap. Hackers can easily access your company s data through private devices and may upload viruses that can crash your systems. It can be extremely difficult to make sure everyone keeps their machines updated with the proper OS (operating system) and application patches. Aside from viruses and malware, mobile devices such as smart phones are also at a higher risk of theft or loss. The issue of ownership can extend further than just whom the hardware belongs to. Who should be responsible for the costs of the devices along with vital business applications needed? What happens when an employee is terminated? Who re-buys equipment that is lost, stolen or broken on the job? Who owns the data stored on the device? Does the employer have the right to monitor data? These are just a few of the questions that require the enforcement of strict policies in order to make BYOD beneficial for both employer and employee. Despite BYOD offering upfront savings, there is little evidence that supports significant longterm savings. In fact, the opposite is more than likely especially with issues concerning ongoing management of aging systems. The continued cost of maintaining an internal network can be pricy, and the costs to keep personal devices up-to-date and in working condition only increases this fee. The Conclusion You may already have employees using their own devices without a policy in place. BYOD seems like it could provide a real productivity boost but that must be weighed against the inherent management challenges. Can you manage that balance? With the right policy in place you can, but that s the $64,000 question; what should that policy be? The answer to that question is as individual as your company. 22

25 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. Capital District Physicians Health Plan, Inc. Capital District Physicians Healthcare Network, Inc. CDPHP Universal Benefits, Inc. 23

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27 Behind every construction job there is a tech-savvy project manager. M.S. in Construction Management In the next fi ve years, the demand for highly qualifi ed construction project managers will increase dramatically. The NYU Schack Institute of Real Estate offers the 36-credit M.S. in Construction Management, providing the administrative and managerial expertise, real-world insight, and industry connections required to be successful in today s challenging construction environment. Learn from experts in the fi eld of construction who focus on key elements of the construction management process cost control, scheduling, risk analysis, contract negotiation, strategic business planning, and more. From managing a project to running a construction company, you ll be prepared! Day and evening class schedules are available. For information and to apply: scps.nyu.edu/gradinfo8j scps.nyu.edu/mscon1j New York University is an affirmative action/equal opportunity institution New York University School of Continuing and Professional Studies. 25

28 OSHA Regulations and Enforcement... Are We Safer? By Jim Redmond, AGC NYS Director of Safety 26 It is hard to believe that I started with the AGC over 18 years ago. I arrived as green as could be, but was surrounded by quality folks who showed me the ropes. I quickly learned about safe place to work issues and the real liability risks associated with performing construction work in New York State. I also began to work with OSHA regulations and assisting Members with compliance issues. The lion s share of safety staff time is spent on jobsites identifying non-compliance issues and pre-planning for upcoming events. AGC contractors have made real improvements in their safety efforts due to many factors. For starters, these contractors believe it is the right thing to do. The industry relies on the people and construction companies tend to be close-knit units. No one wants to see a colleague injured or killed. In addition, the rising cost of insurance (made worse with a poor safety record) and the possibility that a poor safety record may mean you won t get awarded a contract all serve to incentivize safe practices and procedures. Yes, things have changed quite a bit since my arrival at AGC in The OSHA standards seem in a constant state of flux with new regulations or tweaks to old ones. Most recently, OSHA has put enforcement as their top priority and has adjusted their fine structure so amount totals of fines are escalated. According to the Secretary of Labor, this shift was done to protect the workers and punish the violators. The increased fines were intended to be an incentive for contractors to work safe. Having been around long enough to understand construction safety, there are plenty incentives for maintaining a safe jobsite. Avoiding OSHA fines is one of the reasons, but by far not the main reason. AGC NYS knows that OSHA regulations are needed and enforcement is necessary. Not all contractors are diligent with maintaining a safe jobsite and some may need to be taken behind the woodshed for their lack of effort and concern. Here at AGC NYS, we will assist a contractor in dealing with OSHA citations, but only if that contractor has been doing their due diligence when enforcing jobsite safety. With all that said, it has, at times, been frustrating to watch the dramatic changes within the OSHA. The safety standards for construction are vast. Proposed and final regulations continue to be imposed on the industry. Compliance with all of these regulations is often burdensome and many of my colleagues have expressed a common reaction asking, Does the current approach from OSHA really make us safer? In other words, at what point do the new regulations reach the point of over-regulation whereby the confusion and uncertainty they create as well as the attention on issues that have relatively small impact take the focus away from making jobsites safer? At what point does the enforcement reach the point of heavy-handedness whereby good contractors with the right attitude about safety have to spend too much time on defending and fighting and less time on actual safety? Put in terms of the Pareto Principle (the Rule), is OSHA spending too much time with new regulation on the 80% that has very little real impact (such as paperwork) or on the 20% issues (such as fall protection) that represent the highest amount of injuries and fatalities? These are questions that we, the Congress and the Federal Government should constantly ask. Call Jim at (585)

29 I see your trucks everywhere. What do you guys do? n PORTABLE Traffic Signals n WORKZONE Traffic Control n TRAFFIC CONTROL Rental n PVMs & ARROW Boards n ATTENUATOR Trucks n SOIL EROSION n CRACK SEALING n BRIDGE DECK Grooving n LANDSCAPING n TACK COAT n UBIU NY State Certified DBE/WBE VT Certified DBE web: Ph: (518) n Fax: (518) Office: P.O. Box 150 n Mechanicville, NY building beyond your expectations A l b a n y, N Y w w w.b c i i n c.c o m 27

30 H H H H H H H H H Legislative Corner By New York State Senator Mike Ranzenhofer As a two-term State Senator for the 61st District, representing part of Erie County and all of Genesee County, the contrast between my first and second terms has been as different as night and day. As a first term State Senator, my initial years of public service in the State Senate were characterized by late budgets, toxic tax increases and reckless spending. Simply put, New York was headed off a cliff, going in the wrong if not worst possible direction. On the other hand, during my second term, we ve been able get New York back on track, putting the State s fiscal house back in order. Over the last two years, the 2011 and 2012 State Budgets have been enacted on time, closed a $13 billion budget deficit by reducing spending, excluding new taxes or fees, and enacting billions of dollars in tax cuts. A large portion of the $4.5 billion, or $1.2 billion $232 million in state funds, $917 million in Federal funds has been set aside as part of the newly created New York Works program. The goal of the NY Works program is two-fold: rebuild our roads, highways and bridges and create thousands of new jobs to put people to work and help to strengthen our economy. While I am pleased that the Legislature has begun to focus on improving infrastructure, I have been left disappointed by the inaction with one my bills that may affect many of the members of the Associated General Contractors of New York State, relating to providing notification of prevailing wage violations. Senate Bill No. S5430, which I authored and introduced in the State Senate, would amend the State Labor Law to mandate that a contractor be given timely notification of allegations of underpayment by a sub-contractor before being held liable. Currently, a contractor can be held liable for a wage violation committed by a subcontractor regardless of the amount of time that has passed since the alleged violation. Therefore, a contractor may have finished a project and paid a sub-contractor in full without having any idea that a worker has been underpaid. Under the terms of the legislation, a one year time limit would both protect the contractor and the worker from sub-contractors who fail to pay. During my two terms in the State Senate, it has been a pleasure working with both the leadership and membership of the Associated General Contractors of New York State on important legislative issues and bills before the State Legislature. As always, please do not hesitate to contact my office with feedback regarding any State matter. Finally getting spending under control has allowed the last budget, particularly, to focus on much needed infrastructure improvements to the State s highways, bridges and roads. Almost a third of New York s bridges are rated deficient, and the State s pavement isn t much better either, as much as 40 percent is deficient. That is why I am pleased the 2012 State Budget included $4.5 billion in state and federal road and bridge funding for

31 INVEST IN NEW YORK STATE S INFRASTRUCTURE. OUR FUTURE AND ECONOMY ARE BUILT ON IT. JOIN THE MOVEMENT TO STRENGTHEN OUR STATE AT 29

32 Going Green GPRO The Contractor s Green Certificate 30 If you work in construction, you are familiar with the U.S. Green Building Council (USGBC) and its green building rating system LEED (Leadership in Energy and Environmental Design), a nationally accepted benchmark for design, construction and operation of green buildings. Sustainable design and construction has mainstreamed rapidly in the U.S., with numerous federal, state and municipal regulations now requiring LEED certification for new construction and renovations. The sustainable building industry s focus has shifted from green building design to preparing contractors tradespeople for green construction projects. In 2008, Urban Green Council (the New York City chapter of USGBC) saw a gap in the sustainable project delivery chain and set out to fill it. Partnering with several construction industry groups, Urban Green Council developed training modules that would be relevant to people working in the construction trades. In January 2011 after three years and an investment of more than $750,000, GPRO was launched with a series of train-the-trainer courses offered in New York, New Jersey, Texas, Illinois and Colorado. Successful instructors were issued GPRO training credentials, and were urged to take the GPRO curriculum to the street. Once trained, GPRO instructors work with Delivery Partners to teach GPRO s licensed curriculum. GPRO is a series of courses and coordinated certificate exams that teach the people who build, renovate and maintain buildings the principles of sustainability combined with trade-specific green construction knowledge. Available modules include Fundamentals of Building Green (a prerequisite for all other GPRO courses), Construction Management, Operations & Maintenance Essentials, Electrical Systems, Plumbing and Mechanical-Air. How does one get a GPRO certificate? GPRO has several modules: Fundamentals of Building Green (4 hours) provides the philosophy, history and rationale for green building practices. This course is a pre-requisite to all other GPRO courses. Construction Management (6 hours) is for individuals with construction experience site supervision or management responsibility. Operations & Maintenance Essentials (8 hours) is for a wide variety of professionals who work on-site in building operations and maintenance. Electrical Systems (6 hours) is trade-specific for electricians and workers in the electrical industry. Plumbing (6 hours) for plumbers and workers in the plumbing industry. Mechanical Air (available Fall 2012) for HVAC mechanics and workers in the heating and air conditioning industry. The cost of the courses varies depending on the provider. GPRO training is available primarily through USGBC chapters, but it is also available through training providers certified by Urban Green Council that have a delivery license. Training providers of the latter variety such as McKissack - can provide GPRO training at a competitive price to subcontractors and trade partners. Why is GPRO important? In construction, knowledge equals speed, which leads to profitability. And green buildings are here to stay. Whether a project is designed to LEED standards, to ASHRAE s Standard 198.1: Standard for the Design of High- Performance, Green Buildings, or to some future net-zero standard, energy and water efficient measures, waste reduction, clean construction and integrated delivery practices for buildings will be the norm. GPRO helps managers and estimators understand and not over-estimate - the risk of green building processes and products, and it provides tradespeople with skills to overcome learning curves in emerging technologies. The McKissack Construction Group is on-board: our 2012 goal is to attain 100% LEED AP or GPRO certification across our construction unit. And we want our trade partners and subcontractors onboard as we get lean in our efforts to give and owners what they expect. Interested in GPRO? We want to work with you.

33 Agile and Fleet of Foot Consider, a grazing buffalo appears slow and clumsy, but actually can outrun, out turn and traverse rougher terrain than all but the fleetest horse. Similarly, Maine Drilling & Blasting, will surprise you with the speed and agility we exhibit when servicing small projects. Our local crews, equipment and distribution are perfectly suited to quick turnaround and personal service. So, if you ve got rock, call us for safe, timely service you can count on. We rock State Route 40 Argyle, NY A T r u s t e d B r e e d S i n c e

34 Is the Upstate NY Construction Equipment Rental Industry Expecting Growth in 2013? 32 Admar Supply Co Inc, a construction equipment supplier headquartered in Rochester, NY, offers a wide variety of equipment lines and one of the largest construction equipment rental fleets in the Northeast. In addition to servicing the equipment needs of the construction industry throughout Upstate NY, Admar also has significant exposure to the other rental equipment market segments such as manufacturing, education and facilities maintenance. Admar, which is currently celebrating its 40th year, recently received high rankings on two national equipment industry lists, placing 13th on Access, Lift & Handlers magazine s Top 30 Telehandlers List and 47th on the Rental Equipment Register Top 100 List. According to Admar President Joel DiMarco, Our ranking on these noteworthy national industry lists points to our company s positive momentum, and is a good indicator that the landscape is improving. Admar is a long-time member of the AGC. One of the benefits of membership is the opportunity to network and share information with industry professionals as well as other vendors. Among rental equipment suppliers there is a range of opinions regarding the outlook for Some hold the opinion that expected level of government spending leaves room for doubt regarding rental market growth next year. Others indicate that their positive revenue trend over the past two years and through the end of 2012 leaves room for optimism. In general, rental suppliers will continue to invest by increasing the size of their rental fleets. The Rental Market Monitor, a member service of the American Rental Association developed by IHS Global Insight, utilizes sophisticated modeling and multiple data sets to predict future construction spending, construction equipment rental revenue and construction employment. According to the most recent ARA Rental Market Monitor reports for New York, it will be 2-3 more years before the construction contract values that drive the equipment rental market approach the peak. Specifically, in the metropolitan statistical areas that make up Upstate NY (Albany, Glens Falls, Utica, Syracuse, Binghamton, Ithaca, Elmira, Rochester, Buffalo, Niagara Falls), construction equipment rental revenue are expected to grow in 2013 at approximately 7-8% over Visibility into government infrastructure spending and commercial investment in 2013 is certainly cloudy but there are some positive trends to note. There is a fair amount of college and university, hospital and private project work which should drive demand for rental of aerial and light construction equipment at approximately current levels. In addition, the Marcellus Shale energy development offers prospects for rental revenue growth. Contractors and drillers working on these energy projects have a strong tendency to rent a wide variety of general line and specialized equipment and suppliers are continuing to expand rental fleets and add locations to meet the needs of the energy industry. If the price of natural gas increases, it should be expected that overall activity will increase substantially. For the past 24 months, there has been a fairly steady increase in demand for rental equipment. Rental fleet utilization and demand varies across different categories of equipment and is subject to the ebb and flow of government-funded construction and private investment. Nevertheless, Upstate NY did not experience the construction boom-bust cycle that has devastated contractors and suppliers in other regions. On average, Upstate rental suppliers have neutral expectations for But in times both good and bad, a construction equipment rental business that responsibly invests in fleet and service locations, focuses on the needs of the customer and maintains high levels of operational efficiency and customer service will have almost always have opportunities for growth.

35 H A N C O C K E S T A B R O O K, L L P C O U N S E L O R S A T L A W Providing the full spectrum of legal advice and counsel to public and private owners, contractors and design professionals for nearly 20 years. OUR CONSTRUCTION PRACTICE ATTORNEYS: Holly K. Austin Thomas C. Cambier Daniel B. Berman Timothy P. Crisafulli Thomas C. Buckel Douglas J. Gorman Kenneth P. Holden James E. Hughes James J. O Shea John G. Powers Robert C. Whitaker James P. Youngs 1500 AXA Tower I, 100 Madison St., Syracuse, NY T: (315) S. Swan St., 3rd Floor, Albany, NY T: (518) Advocating Excellence 33

36 Become a Logo Sponsor Transpo Industries 20 Jones Street New Rochelle, NY (914) Gaetano Construction Corp. 258 Genesee Street, Mezzanine Level Utica, NY (315) Bonadio Group 6 Wembley Court, Albany, NY (518) DiMarco Constructors LLC 1950 Brighton Henrietta Town Line Road Rochester, NY (585) Peckar & Abramson, P.C. 1 Madison Avenue, 20th Floor New York, NY (212) CDPHP 500 Patroon Creek Blvd. Albany, New York (518) or Midland Asphalt Materials Inc. 640 Young Street, Tonawanda, NY (716) LeChase Constructin Services, LLC 300 Trolley Blvd, Rochester, NY (585) Harrison & Burrowes Bridge Constructors, Inc. P.O. Box 335, Glenmont, NY (518) Patrick A Di Cerbo, CLU, ChFC, AEP, CLTC, MSFS Financial Representative Patrick DiCerbo / Northwestern Mutual 1201 Troy-Schenectady Road Latham, NY (518) The Pike Company, Inc. One Circle Street, Rochester, NY (800) 264-PIKE Bishop Beaudry Construction 4 Norman Drive, Colonie, NY (518) BBL Construction Services LLC 302 Washington Ave. Ext. Albany, NY (518) R&P Oak Hill Development, LLC 3556 Lakeshore Road, Suite 620 Buffalo, NY (716) Iannelli Construction Co., Inc rd Ave., Brooklyn, NY (718) NYU School of Continuing & Prof Studies 7 E. 12th St., Ste. 921, NY, NY (212) First Niagara Management 726 Exchange Street, Suite 900 Buffalo, NY (716) Atlas Fence 6852 Manlius Center Road E. Syracuse, New York (315) LM Sessler 1257 State Route 96 N Waterloo, NY (315) Asphalt & Aggregate Call John Amato (914) thalleindustries.com Thalle Industries 172 Route 9, Fishkill, NY (845)

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38 Education and Training 2012 AGC NYS Scholarship Winners By: Brendan Manning, Education and Environmental Director The AGC NYS Scholarship program has continued to grow and benefit the industry and the students who are preparing for careers in the construction industry. The 2012 Anthony S. Santaro AGC Scholarship Classic, our main fundraising event that supports the scholarship program, was another huge success. Held again at the beautiful Shenendoah and Kaluhyat golf courses at the Turning Stone Resort & Casino, we totaled 300 golfers, a new record. Thanks to the generous contributions of our members, we were able to raise over $50,000 for the AGC Scholarship Fund at the Event. In addition to the Classic, the scholarship fund is supported by generous endowments made by the members. These funds are being distributed to the college students listed below who are pursuing degrees in Civil Engineering, Construction Management, or Construction Technology. All recipients must be entering the 2nd, 3rd, or 4th year of a two of four year college and maintain at least a 2.5 grade point average. This past year, the AGC NYS scholarship selection committee reviewed 48 applications. The committee awarded 20 scholarships to students from 9 colleges and universities. They also awarded two $1500 scholarships this year to students enrolled in a diesel technology curriculum, to bring the total award amount to $51,000. AGC has now awarded $969,750 since the program began in The Chapter awards more then a dozen $2500 scholarships each July/August. Students must reapply each year for up to three years of undergraduate study; many of our winners each year are repeat winners. Graduate students are eligible for a one-year scholarship if they are studying full time for an advanced construction-related degree and are intent upon a career in the industry. Applications are received from March 1-May 15 of each year. Student Chapter Grant Each year since 1997, the AGC has set aside funds to assist our Student Chapters. Activities that have qualified for a grant include field trips to jobsites, Student Chapter competitions (i.e. regional management, concrete canoe, steel bridge, etc.), and the purchase of specific educational materials, such as computer software or hardware. 36 Grant applications must be in writing and should be as specific as possible. Applications are usually received by November 1 of each year, with selections made in December. Chapters have until the end of the current school year to be reimbursed for grant items. The Student Chapter Grant Program is funded through member contributions and from proceeds of the Anthony S. Santaro AGC Scholarship Classic. LIKE COMPETENT FOREMEN AND SKILLED WORKERS GOOD PARTNERS ARE STRONGER TOGETHER. CNA AND MBAP: A STRONG PROGRAM FOR MORE THAN A DECADE. CNA helps manage the unique risks of contractors and offers critical coverages that aren t readily offered by other carriers. We provide risk control programs that help identify and reduce loss exposures. Our claim adjusters process claims quickly and fairly, and help injured workers return to work sooner. With CNA, you benefit from the strength of an A-rated national carrier with local industry expertise. If you re looking for a partner who can help handle your toughest claims we can show you more. SM For more information, contact your independent insurance agent or visit Use of the term partnership and/or partner should not be construed to represent a legally binding partnership. CNA is a service mark registered with the United States Patent and Trademark Office. Copyright 2008 CNA. All rights reserved.

39 Student Chapter Grants Matthew Angus AGC NYS Diesel Scholarship Lives: Mayfield, NY School: SUNY Cobleskill Bio: Matt is in his fourth year as a student at SUNY Cobleskill pursuing his bachelor s degree in Diesel Technology. He is currently interning in the fleet management department at AGC member Tetra Tech Construction. In his spare time he participates on the Delaney Motorsports race team. Lucius Bailey AGC NYS Scholarship Lives: Hilton, NY School: Monroe Community College Bio: Lucius is currently studying Construction Technology at Monroe County Community College. He will be attending RIT in 2012 to study Civil Engineering. Lucius has worked for AGC NYS member BVR Construction and is a member of Laborers Local 435. Matthew Bunal AGC NYS Scholarship Lives: Rome, NY School: Clarkson University Bio: Matthew Bunal is a senior at Clarkson pursuing a bachelor s degree in Civil Engineering. Matt participates in the Clarkson University Steel Bridge Speed Team. In his previous four semesters, he has attained the honor of Dean s List three times and appeared once on the President s list. Angelia Cavanaugh AGC NYS Diesel Scholarship Lives: Whitesville, NY School: Alfred State Bio: Angelia Cavanaugh is a sophomore studying Diesel Technology at Alfred State. Angelia is the treasurer of the NAWIC chapter at school, is on the Heavy Equipment Club and participated in Skills USA from Demetrio Criscuolo AGC NYS Scholarship Lives: Middletown, NY School: Polytechnic Institute of NYU Bio: Demetrio is a junior studying Civil Engineering and Minoring in Construction Management at Polytech in New York City. Demetrio carries a 3.9 G.P.A. while also participating in the ASCE Chapter at school. Last summer Demetrio worked for the NYC Department of Design and Construction. Marc Delaney AGC NYS Scholarship Lives: Syracuse, NY School: SUNY ESF Bio: Marc is a senior studying Sustainable Construction Management Engineering at SUNY ESF. Marc is a member of the US Green Building Council Chapter at Syracuse University and is a member of the Alpha Xi Sigma Honor Society. He spent last winter and spring working for Northeast Natural Homes. William Finch AGC NYS Scholarship Lives: Fort Johnson, NY School: Syracuse University Bio: Bill is a junior at Syracuse University, studying civil engineering. Bill is involved with Tau Beta Pi NYB Chapter, ASCE and volunteers with Habitat for Humanity. He is also a member of the Sour Sitrus Society, the Syracuse Basketball Pep Band. He is a Transportation Construction Inspector for NYSDOT, Region 2. Christian Garber AGC NYS Scholarship Lives: Mayfield, NY School: SUNY Canton Bio: Christian is currently at SUNY Canton majoring in Engineering Sciences. Christian worked for AGC member Tetra Tech Construction from June to November in Michael Garber AGC NYS Scholarship Lives: Mayfield, NY School: SUNY Canton Bio: Michael is currently at SUNY Canton studying Engineering Sciences. He would like to transfer on to Drexel University or RPI to finish his degree in Civil Engineering. Michael works on a part time basis for AGC member Tetra Tech Construction. Natalie Geier AGC NYS Scholarship Lives: Mayfield, NY School: SUNY Delhi Bio: Natalie is in her senior year at SUNY Delhi studying Construction Management. She is the treasurer of the AGC Student Chapter at school and volunteers for Habitat for Humanity. Natalie grew up in the residential construction industry and her brother is a Site Supervisor with NYS DOT. 37

40 Student Chapter Grants Thomas Haynes J. Keith Waters Memorial Scholarship Lives: Constantia, NY School: Clarkson University Bio: Thomas is entering his third year as a Civil Engineering Major at Clarkson University in Potsdam, NY. In his second year at Clarkson he was able to obtain a GPA of 4.0. He is the Captain of the University s Steel Bridge Team and worked for Barrett Paving Materials, New York North this past summer as an intern. Ty Koster AGC NYS Scholarship Lives: Cicero, NY School: SUNY ESF Bio: Ty is sophomore at SUNY ESF majoring in Construction Mgnt. Ty interned this summer at the Syracuse University Steam Station and has also worked at Apex Striping in East Syracuse, NY. Ty is an avid fisherman and snowmobiler and hopes to one day be able to manage his own construction company. Tomas Kovalcik AGC NYS Scholarship Lives: Brooklyn, NY School: Syracuse University Bio: Tomas is currently pursuing a Bachelor s degree in Civil Engineering from Syracuse University. He is a member of the student chapter of the American Society of Civil Engineering and he looks forward to improving New York State s infrastructure in the future. Drew Laemmermann AGC NYS Scholarship Lives: Watertown, NY School: SUNY Delhi Bio: Drew is currently working on his bachelors of technology in Construction Management from SUNY Delhi. This past summer, he interned with The Bernier Carr Group s construction management division overseeing a hospital renovation and addition project. Drew has been involved in many outreach programs including two trips to Mexico and one to Haiti. He is also member the Tri-atelier Professional Construction Fraternity. Jacob Murphy Walter DiStefano, Empire State Highway Contractors Association Scholarship Lives: Oriskany, NY School: SUNY Delhi Bio: Jacob is currently a junior pursing his bachelor s degree in Construction Management from SUNY Delhi. Jacob maintains a 3.9 G.P.A. and is on the cross country team at school. He has worked for 38 his families excavating business since 2008 and hopes to work for them full time after graduation. Sean Myers AGC NYS Scholarship Lives: Amsterdam, NY School: SUNY Delhi Bio: Sean just transfered into the Construction Management program at SUNY Delhi from Fulton Montgomery Community College. He worked this summer for AGC member D.A. Collins Construction. Sean hopes to own his own construction company some day. Jordan O Brien Anthony S. Santaro Memorial Scholarship Lives: Binghamton, NY School: Rochester Institute of Technology Bio: Jordan attends Rochester Institute of Technology, where he majors in Mechanical Engineering Technology. Jordan enjoys hockey and plays for RIT s club roller hockey team. He plans on trying out for RIT s club ice hockey team in the fall. His future plans include a job in the engineering field or working with the family business. Phillip Sutter Nicolas Badami Memorial Scholarship Lives: Broadalbin, NY School: Rochester Institute of Technology Bio: Phillip just transferred to RIT from Hudson Valley Community College and is pursuing a B.S. in Civil Engineering Technology. He is involved in the American Society of Civil Engineers (ASCE). Phillip was on the concrete canoe team and was captain for the steel bridge team while at HVCC. He is interning with Atlantic Testing Laboratories and was an intern for W.M. Schultz Construction. Jon Thomas AGC NYS Scholarship Lives: Fonda, NY School: Clarkson University Bio: Jon is senior pursuing his degree in Civil Engineering from Clarkson University. He is the AGC Student Chapter president and is a member of the Tau Beta Pi Engineering Honor Society. Jon has interned with Turner Construction and hopes to work for a firm like Turner after graduating. Bret Weller Jeffrey J. Zogg Memorial Scholarship Lives: Adams, NY School: SUNY Delhi Bio: Bret is currently pursing a Bachelors of Science degree in construction management from SUNY Delhi. He is currently interning with AGC member Purcell Construction in Watertown, NY. Bret would like to work in Northern NY after graduation from Delhi.

41 TM TM D.A. Collins Construction Co., Inc. & Environmental Services, LLC. Superior Industrial Construction, Highway Materials and Environmental Services Kubricky Construction Corp. Services: Major Highways Bridges Locks Industrial Site Development Environmental Remediation Hydroelectric Facilities Environmental Dredging Specialty Steel Fabrication and Welding Structural Steel Erection Cold Planing and Paving Portable Crushing Concrete Pumping Design-Build Elements Crane Rental Services Products: Ready-Mix Concrete Crushed Limestone Asphalt Concrete (Blacktop) Precast Structures Agricultural Lime Landscape Blocks Washed Sand Products 269 Ballard Road Wilton, NY P: (518) F: (518) Jointa Galusha, LLC. Pallette Stone Corp. Equal Opportunity Employers 39

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44 Around the Industry Lori Mayott Earns Certified Construction Industry Financial Professional Designation Lori Mayott of Teal, Becker & C h i a r a m o n t e, CPAs, P.C. (TBC) s u c c e s s f u l l y completed the certification process with The Institute of Certified Construction Industry Financial Professionals (ICCIFP), to earn her professional designation as a Certified Construction Industry Financial Professional (CCIFP). Affiliated with the Construction Financial Management Associa-tion, the certification program tests in-depth knowledge of business management practices specific to the construction industry. Upon passing, Mayott, who is a partner at the firm, now joins only 35 other professionals in New York State and fewer than 850 professionals nationwide with this designation. Less than a third of CCIFPs are women and Mayott becomes the first associate from TBC to be certified in the firm s 41 year history. TBC is a full service accounting and business advisory firm serving commercial businesses, educational institutions,municipalities, not-for-profit organizations and individuals. Through unpredictable business environments, ongoing modifications to tax law, and evolving financial changes, their experienced team provides the business intelligence, industry experience, and the dedication to excellence that consistently delivers exceptional service. For additional information please call or visit their website at Erdman Anthony Hires Matthew Palmer Erdman Anthony welcomes Matthew Palmer as a Geospatial Technologist in the Rochester Geospatial group. Palmer holds a Bachelor of Science degree in Surveying Engineering Technology from Alfred State College. The Rochester resident is experienced in GIS and boundary, topographic, GPS, and control surveying fieldwork and is a certified SIT (Surveyor in Training). For nearly 60 years, Erdman Anthony has been providing infrastructure engineering and support services to private industry and government clients. The firm employs nearly 300 people, including 80 professional engineers and licensed land surveyors, throughout its offices in Albany, Buffalo, Hudson Valley, and Rochester, NY; Harrisburg and Pittsburgh, PA; West Palm Beach, FL; and Portland, ME. Erdman Anthony is one of a relative handful of engineering consulting firms nationwide to have earned ISO 9001 quality certification. For more information, visit the firm s website at Microsol Resources Earns Top Marks in Customer Satisfaction New York, NY and Philadelphia, PA, July 12, 2012 The results are in. Microsol Resources Corporation, a recognized leader in building information modeling (BIM) technology solutions, as well as a leading Autodesk Gold Partner serving the architectural, engineering and construction (AEC) industries, exceeds Autodesk s highest quartile ranking of customer satisfaction in the U.S. and Northeast, as determined by an independent client survey. The survey conducted is a popular measure used by leading companies to strengthen their customer s experiences and drive revenue growth. Client feedback demonstrates that Microsol Resources ranks above the top 25% of Autodesk Value Added Resellers. Microsol Resources is a leading provider of CAD/BIM solutions and products to the Architecture, Engineering and Construction industries. With offices in New York, NY and Philadelphia, PA, the firm provides software, hardware, support, training, implementation and related services to firms of all sizes, from multinational companies to small businesses. Microsol Resources is an Autodesk Gold Partner, an Authorized Reseller for 3D Systems, and a representative to several best-in-class applications used by the AEC industry. Microsol Resources has earned numerous awards for its superior level of customer support, provided by a team of talented and seasoned CAD/BIM Applications Experts. For more information, please visit ATLAS Fence Has a New Owner There s a new person running the show at Atlas Fence: early in 2012 Chris Polimino took over the reigns from previous owner John Czebiniak. Located at 6852 Manlius Center Road in East Syracuse, N.Y., Atlas Fence offers residential, commercial and industrial fence products and services. Depending on the season, there are between 30 and 60 employees on hand to operate the fleet of 15 service trucks and four drilling rigs. The company, which has installed fencing at the Onondaga Lake Cleanup Project, the International Air Guards Base in Syracuse and the Willard Psychiatric Center in Romulus, N.Y., is the only fencing contractor in upstate New York certified to install automatic security gates, according to Po- 42

45 Around The Industry limino. Polimino, who previously worked at Tracey Road Equipment as the company s CFO and COO, knew he wanted to buy Atlas Fence from his first meeting with Czebiniak. Czebiniak, who will remain at Atlas Fence for a minimum of three years serving as Vice President of sales and marketing, agreed that his company and employees would be in good hands under Polimino s ownership. Czebiniak founded Atlas Fence in 1979, after working for Central Fence, a fencing contractor, in Syracuse. Initially, Atlas Fence s business consisted equally of commercial and residential fencing. Today, the commercial business dominates overall sales. We will continue Atlas Fence s reputation of providing a high level of customer service, using quality materials and performing quality installations for our customers, said Polimino. Plus, we ll continue providing a very safe and productive work environment for our employees. A.H. Harris Acquires Barker Steel s Building Material Assets & Forming & Shoring Equipment A.H. Harris and Barker Steel have entered into an agreement, whereby A.H. Harris will assume Barker s Westfield, MA and Queens, NY facilities. The agreement is based on Barker s decision to exit the Building Materials Distribution & Forming and Shoring Rental Business and focus on rebar and rebar fabrication only. Their rebar fabrication facilities will remain open. During this transition any business interruptions or disruptions will be minimal. For a full listing of A.H. Harris locations visit the Harris website at A.H. Harris & Sons, Inc. is a construction products distributor founded in 1916 with 39 locations in the New England, Mid-Atlantic and Southeast Regions. A.H. Harris serves the heavy & highway, commercial, industrial and residential markets specializing in areas of concrete formwork and accessories, concrete repair and restoration, geotextiles and erosion control. A.H. Harris represents some 300 manufacturers and over 3500 products. THE HUNDRED YEAR ASSOCIATION OF NEW YORK TO HONOR Dominick Servedio, Executive Chairman of STV Group The Hundred Year Association has selected Dominick M. Servedio, P.E., executive chairman of STV Group (1912) as this year s recipient of its annual Richard A. Cook Gold Medal Award. Presented to remarkable leaders and contributors to the city of New York, the award has been granted every year since 1930 (except during WWII) in recognition of outstanding contributions to the city. Past recipients of the award include civic leaders Robert Moses, E. Virgil Conway, Robert Morgenthau and Ray Kelly; Mayors Fiorello LaGuardia, Robert Wagner, Rudy Giuliani and Michael Bloomberg, entertainers Oscar Hammerstein, Richard Rodgers and Tony Randall; and three generations of Rockefellers. STV is the fourth-largest engineering firm in the New York area, and is 100% employee-owned company, which means that every employee has a personal stake in the company and its success a powerful difference between STV and many other engineering firms. said association president, Clinton W. Blume, III. 43

46 Erdman Anthony Announces Eight Promotions in Rochester Office The Board of Directors of Erdman Anthony announces eight promotions in the Rochester office. Andrew Taylor, P.E., and Martin Willix, P.E., were named Principal Associates. Michael Furibondo, P.E., Patrick Russell, Rachel Stuckey, P.E., and Wende Wallman were named Senior Associates. Brian Dougherty and James Rubert were named Associates. Andrew Taylor joined Erdman Anthony s Facilities group in December He received his Bachelor of Science degree in Mechanical Engineering from Rochester Institute of Technology. The Webster resident is a licensed Professional Engineer in the states of New York, Pennsylvania, New Jersey, Maryland, and Massachusetts. Taylor has served as manager of the Rochester office Facilities staff and currently is manager for the Piping, Plumbing, and Fire Protection Department companywide. Martin Willix joined Erdman Anthony in As the Civil Team Leader in the Rochester office, Willix provides technical guidance to the Rochester Civil staff and works with sub-consultant team members to complete a wide variety of projects for public and private clients. In addition, he works closely with other core business groups coordinating multidisciplinary projects. The Victor resident holds a Bachelor of Science degree in Civil Engineering from Rochester Institute of Technology and is a licensed Professional Engineer in Pennsylvania and New York. Michael Furibondo has close to 40 years of diversified engineering and management experience and has been with Erdman Anthony since He is responsible for all aspects of commissioning project work as well as staffing and financial results. The Rochester resident holds a Bachelor of Science degree in Mechanical Engineering from the University of Notre Dame. He is a licensed Professional Engineer in New York and Pennsylvania and is a LEED AP. Patrick Russell has served as a key electrical engineer on hundreds of projects over his 20 years with Erdman Anthony and is currently the Principal Lead Electrical Engineer on all Wegmans projects. The Rochester resident holds a Bachelor of Science degree in Electrical Engineering from the State University College at Buffalo. Rachel Stuckey joined the Rochester office Facilities group in She received her Bachelor of Science degree in Mechanical Engineering from the University of Notre Dame and Bachelor of Arts degree in Physics from Goshen College. A licensed Professional Engineer in New York, Stuckey has achieved certification as both a LEED AP and as a Building Energy Modeling Professional. As a program manager for the Facilities group s technical assistance contract with New York State Energy Research Development Authority, the Fairport resident is responsible for all aspects of these projects. Wende Wallman joined Erdman Anthony Rochester Facilities group in 2000 and currently manages the group s business development and project administration functions. The Pittsford resident received her Bachelor of Science degree in Business Management from Rochester Institute of Technology. Brian Dougherty has been a key member of the Rochester Facilities group for more than seven years. He holds an Associate in Applied Science degree in Design and Drafting from Alfred State SUNY College of Technology. As a senior mechanical designer, the Batavia resident is involved in the design of various plumbing and mechanical systems as well as 3-D architectural modeling, 3-D pipe stress analysis, and laser scanning practices. James Rubert has more than 37 years experience as an electrical drafter/designer and has been with Erdman Anthony Rochester Facilities group since The Webster resident served in the United States Air Force and studied electronic technology at Monroe Community College. As lead electrical designer for the Facilities group, Rubert plays a crucial role in completing electrical designs and configuring lighting, power, teledata, and other related systems. 44

47 ALL FROM A SINGLE SOURCE: THE WORLD S #1 BRANDS FOR ROAD BUILDING. ROAD AND MINERAL TECHNOLOGIES we keep you working Rely on the Wirtgen Group s full range of products for new construction and rehabilitation of roads. Our sales and service experts, based close to your doorstep, offer the expertise and all-round support you need. Albany, NY Binghamton Buffalo Elmira Rochester Syracuse

48 AGC Training Event and Education Calendar AGC NYS, LLC Calendar For more information on the courses below, please visit the calendar at: BIM 101: An Introduction to Building Information Modeling - Buffalo Date: October 10 8 a.m. - 5 p.m. Location: Construction Exchange Offices, 2660 William Street, Cheektowaga, NY AGC BIM Unit 3 - BIM Contract Negotiation and Risk Allocation - NYC Date: October 22 7:30 a.m. Registration, 8:00 a.m. - 5 p.m. Program Location: Cornell Club - 6 East 44th Street, New York, NY Design-Build Certification Workshop Dates: October 29 - November 14 8am-5pm, October and November Location: AGC NYS Offices - 10 Airline Drive, Suite 203, Albany AGC STP Program - General and Specialty Contractor Dynamics Date: November 15 - December 20, 6:00 p.m. - 8:00 p.m. Location: 6 Airline Drive, Albany, NY AGC BIM - Unit 4 BIM Process, Adoption, and Integration - NYC Date: November 15 7:30 a.m. Registration,8:00 a.m. - 5:00 p.m. Program Location: Cornell Club, 6 East 44th Street, New York, NY Future Construction Leaders of NYS Nomination Form Date: December 3 - December 4 Year Long Program which meets 4x per year Location: Albany, NYC, Rochester and Bolton Landing, NY AGC NYS Construction Industry Conference and Expo Date: December 4-6 Location: Saratoga Springs, NY OSHA 30 Hour Safety & Health Outreach Program Date: December 11 - December 14 8am - 5pm Location: Training Center 1115 East Main Street, 3rd Floor, Suite 7, Rochester AGC NYS & LeanNYC Holiday Reception Date: December 12 Location: Arno s, New York, NY 2013 Winter Meeting Date: January 25 - January 30 Location: The Westin Casuarina of Grand Cayman 46

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50 COUCH WHITE, LLP COUNSELORS AND ATTORNEYS AT LAW A recognized leader in New York Construction Law for more than two decades. If you're in the business of planning, designing or building... Our business is knowing what it takes to succeed. Arbitration Claims Contracts Environmental Lien Law Labor & Employment Litigation Surety Albany, Saratoga Springs, Malta, and New York, NY Washington, DC Farmington, CT (518) 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 Telephone (518) Facsimile (518) lif@ fkllplaw.com 48

51 Advertisers Index Please see page 34 for our Advertisers Logo Sponsor Page IFC Admar Supply Co., Inc 41 Albany Truck Sales 27 BCI Construction Inc. 1 Barrett Paving Materials Inc 26 Burt Crane & Rigging 23 CDPHP 12 C&S Companies 7 Citnalta Construction Corp. 20 Clark Rigging & Rental 36 CNA Insurance 16 Colony Albany 48 Couch White, LLP 41 C.P. Ward 39 D.A. Collins Construction Co., Inc 18 Dannible & McKee, LLP 27 Donnelly Construction Inc. 9 Elderlee, Inc 17 EMI Guide Rail, LLC 31 The Fort Miller Group, Inc. 48 Fox & Kowalewski, LLP BC Fuller & O Brien 49 Goldberg & Connolly 43 Greenman-Pedersen, Inc. 24 Greengrade 47 Halmar International 33 Hancock Estabrook, LLP 35 Harrison & Burrowes Bridge Constructors 21 High Steel Structures, Inc. 31 Maine Drilling & Blasting 31 McKissack & McKissack 35 Menter, Rudin, Trivelpiece, P.C. 2 Milton CAT 45 Monroe Tractor 32 Northwestern Mutual 25 NYU Schack 29 Rebuild NY Now 40 Tully Construction Co. 28 Turner Construction 33 Villager Construction, Inc. If you are interested in advertising in a future issue of Cornerstone magazine please contact the AGC NYS office at New York s Go-To Construction Law Firm The G&C Building 66 North Village Avenue Rockville Centre New York Phone Fax Contact Henry L. Goldberg Managing Partner hlgoldberg@goldbergconnolly.com 49

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