CORNERSTONE - The Associated General Contractors of New York ...

NEWS FOR CONSTRUCTION PROFESSIONALS IN NEW YORK STATE
CORNERSTONE
OFFICIAL PUBLICATION OF THE AGC OF NEW YORK STATE
2011 Build New York
Award Winners
Also in this issue:
The 25th Construction Industry Conference
Shale Gas = Job Creation
10 Airline Drive
Suite 203
Albany, NY 12205
Design Build
Winter 2011
Industry Response to
Hurricane Irene is Tremendous

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2011 Board of Directors
Butch Marcelle, Chairman
| The Fort Miller Co., Inc.
Michael Benson, Vice Chairman
| BCI Construction, Inc.
Paul Posillico, Treasurer
| Posillico Civil, Inc.
Vincent Iannelli, Secretary
| Iannelli Construction Co.
Mark Breslin, Immediate Past Chairman
| Turner Construction Co.
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, Director of Communications
Dave Zurlo, Data Specialist
Contact us: Find AGC NYS on Facebook
AGC NYS, LLC
10 Airline Drive, Suite 203
Albany, NY 12205
(518) 456-1134
www.agcnys.org
Search: AGC NYS
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 February 4th. Please e-mail your
photo to: czeilman@agcnys.org.
NEWS ONLINE ... The Cornerstone current and past issues
can be accessed online at http://www.agcnys.org.
INDEX FEATURES
07
Building a Better Economy
Paul Hartman
10
Message from the Chairman
Butch Marcelle
18
The Life Blood
Joe Hogan
26
Recgonizing Bill Bord
Jim Redmond
31
Scaffold Law Reform
Walter Pacholczak
33
Design Build
AGCA
50
Season-end Evaluations
Jim Norstad
52
Training & Education Calendar
08
Let NY Work
12
Build NY Award Winners
22
Storm Response is
Tremendous
AGC NYS CORNERSTONE Winter 2011
3

4
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health benefits for more than 25 years. Our health plan
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Capital District Physicians’ Health Plan, Inc.
Capital District Physicians’ Healthcare Network, Inc.
CDPHP Universal Benefits, ® Inc.

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5

Building a Better Economy...
One Well at a Time
Paul Hartman
Chesapeake Energy Corporation
In an era of perpetually sour economic news and a recovery
from recession that – at best – can be described
as faltering, there is one story that has failed to gain
the attention it so richly deserves. In Pennsylvania and other
areas around the nation, one sector is growing regional
economies, investing billions of dollars in operating capital,
and turning unemployment numbers upside down. The Shale
Gas Revolution is a job-creating revolution. The natural gas
industry – through technological advancements in drilling
precision – has unlocked affordable domestic-energy supplies
and, in turn, a solution to our struggling economy.
While the natural-gas industry is helping put tens of thousands
of Pennsylvanians back to work; revitalizing rural
economies; generating hundreds of millions of dollars in
tax revenue; bolstering small-business and manufacturing
growth and creating opportunities for a host of other industries
across the region, New York continues to evaluate,
study and repeatedly readjust its regulatory framework. With
the past three-and-a-half years spent contemplating how to
proceed, we have lost significant economic opportunity and
allowed our neighbors to the south and west to take advantage
of our continued delay.
New data released in October by the Pennsylvania Department
of Labor & Industry further underscores the enormous
economic impact created by responsible production of cleanburning,
American natural gas from the Marcellus Shale.
Currently in Pennsylvania, 214,000 jobs across the Commonwealth
are tied to the natural gas industry. There were
more than 27,000 new hires (core and ancillary) in the first
two quarters of 2011. The average wage for these positions
is $76,036 – nearly $30,000 greater than the average of all
other industries. In August 2011, there were 3,600 industryrelated
job postings for work in Pennsylvania – an impressive
feat even in a strong economy and one that many New
Yorkers are certainly watching closely as jobs continue their
steady flow out of the Empire State.
It’s time to produce natural gas from New York’s portion of
the Marcellus shale. This domestic fuel production is a critical
part of our nation’s clean-energy solution and a key component
for implementing New York State’s Energy Plan and
New York City’s PlaNYC. As science has proven time and
again, it can be done safely, efficiently and with significant
benefit for all New Yorkers.
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7

8
Message froM the President and Ceo
Let new York Work: a Common agenda
for the Common good
By: Mike Elmendorf, President and CEO of AGCNYS
AGC NYS played a lead role in
bringing together a historic coalition
of businesses, local government and
education groups to unite behind a shared
mandate relief agenda to reduce costs on job creators, local
governments, school districts and taxpayers alike.
Joining AGC NYS in “Let New York Work,” as the group
dubbed itself, are the state’s leading business organizations-
-including the National Federation of Independent Business
(NFIB), Business Council of New York State, Unshackle
Upstate and the Farm Bureau. These organizations have
been our partners on many issues over the years. What
is unique about this effort, however, is that we have been
joined by the New York Conference of Mayors, the New
York State School Boards Association and the Council of
School Superintendents in advancing a common agenda of
reforms to improve our economy.
Passage of Governor Cuomo’s property tax cap--which
AGC NYS strongly supported--was a critical first step
toward restoring New York’s economic competitiveness.
With New York’s property tax burden weighing in at nearly
80 percent above the national average--and with property
taxes comprising the biggest chunk of most New Yorkers’
second worst in the nation tax burden, not to mention being
the biggest tax on business in our state--the property tax
cap was essential. However, even the strongest advocates
for the cap recognize that it cannot succeed without real
and meaningful mandate relief, particularly for local
governments and school districts.
That pressing need for mandate relief is what brought the
“Let New York Work” coalition together and drove us to
develop a six point agenda for meaningful, substantial
mandate relief in New York. The proposals we advanced
together include:
• Making the public employee pension system more
predictable by offering two new retirement options to new
employees: a reduced defined benefit plan or a new defined
contribution plan that is controlled by the employees and
does not weigh down taxpayers.
• Redefining compulsory arbitration to benefit local
municipalities and taxpayers such as: defining the ability
to pay; prohibiting consideration of non-compensation
issues; limiting access to binding arbitration; and adding
transparency to the arbitration process.
• Freezing step increases when contracts expire.
• Establishing minimum health insurance contribution levels
for public employees and retirees.
• Hitting the brakes on new unfunded mandates by requiring
a super-majority to impose them.
Most significantly for our industry, AGC NYS fought for and
won inclusion of a number of initiatives that would reduce
the cost of construction on both public and private projects,
providing relief for schools districts, local governments and
the private sector alike. The coalition came out in support of
the following initiatives to reduce costs and spur investment
in construction:
• Reform the state’s infamous “Scaffold Law,” which
dramatically increases construction costs by imposing a
standard of absolute liability for any gravity related injury
on a worksite, regardless of negligence. The proposal would

allow the comparative negligence and/
or recalcitrance of a worker to be taken
into account; essentially giving the
industry and owners their day in court
on these claims.
• Reform the Wicks Law by instituting
a statewide threshold of $10 million
for its applicability. Currently, the
thresholds for Wicks stand at $3
million in New York City, $1.5 million
in Nassau, Suffolk and Westchester
Counties and $500,000 in the rest of
the state.
• Allow alternative project delivery
(i.e., design build).
• Use Unemployment Insurance (UI)
Prevailing Wage tables to determine
regional prevailing wage rate for
projects. The wages are updated semiannually,
based on the findings of the
semi-annual Department of Labor
Occupational Employment Statistics
(OES) survey of employers. Using
the UI tables would likely result in
more accurate wage rates that take
into account the whole work force in
a particular job title and make it more
likely that the wage rate was truly the
prevailing rate.
• Pass the Public Construction Savings
Act, which will allow project labor
agreements in which participation in
the agreement is optional for bidders.
Bidders can choose to bid either with or
without participation in the agreement,
and the owner/agency shall pick the
lowest bid consistent with other laws
and regulations. This proposal is
consistent with AGC NYS’ position on
voluntary, non-mandated project
labor agreements.
As you can see, the coalition’s
construction-related agenda
includes a number of issues that
have been industry priorities
for years--and which now have
the unified backing of not only
the state’s broad-based business
community, but leading local
government and education
groups as well.
AGC NYS and our partners in
the coalition will be making
the case to Governor Cuomo
and the Legislature that these
proposals are exactly the kind of
common sense reforms our state
needs to recover and rebuild.
We were proud to be a leader
in this effort and will keep
you informed on our progress
toward winning enactment of
these much needed reforms
that would provide much needed
relief to the construction industry,
taxpayers, job creators, school
districts, local government--and
our economy.
Mike Elmendorf, President and CEO of AGC NYS,
is seen speaking at the Let NY Work event at the
State Capitol.
AGC NYS CORNERSTONE Winter 2011
9

10
MESSAGE FROM THE CHAIRMAN
Butch Marcelle, Chairman of AGC NYS, LLC
Wow! Where did the time go? It seems like we just met in Grand Cayman yesterday.
As you know, the AGC has been very busy during the past year. We hired our new President and
CEO – Mike Elmendorf and he has been busy and focused on learning about our industry, meeting
our members, building our team, reviewing and changing our processes, and raising our profile. Mike has and
will continue to “get out” and engage our members in their offices and jobsites in an effort to learn, listen and
respond to Members’ needs. He and the staff continue to find new and creative ways to increase our clout and impact while providing
support and guidance to our Members.
I hope you have seen a significant improvement in our communications, responsiveness, stature and energy. Our goal continues
to be to provide exceptional service and value to our members while transforming ourselves into the “Preeminent Construction
Industry Association in New York State” and the “first called” when matters relating to our industry are being discussed.
I would like to take this opportunity to express my sincere gratitude and appreciation to the Members, dedicated staff, Executive
Committee and Board Members that steadfastly supported and assisted in the effort to reshape our association.
There is still much work left to accomplish and we are fortunate to have: Mike, Paul and Vince at the helm to continue to move us
forward out – ahead.
It has been a privilege and pleasure to serve as your Chairman during this year. In reflecting, I would be remiss if I did not acknowledge
the years of dedicated service that was provided to our Association by the Chairmen and Presidents who served with distinction
before me and the leadership and wisdom of Jeff and A.J. who forged ahead with the merger. Much has changed and much
will continue to change as we learn to “adapt” to the “new normal” and continue to shape AGC NYS to deal with the uncertainties
that lie ahead.
Thank you and best wishes for a healthy, happy and prosperous 2012.
Sincerely,
Butch Marcelle
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Advanced Energy
Research and Technology
Center
AERTC Receives LEED Platinum Certification
Completed in the fall of 2010, this project includes new construction of a two-story 43,000
SF lab building at the Stony Brook University Research Park. Designed as a lab building devoted
to research on alternative fuels and energy conservation, the building’s construction
features many energy-saving technologies. The AERTC has just received LEED Platinum certification—
the highest level of certification the U.S. Green Building Council offers. This is the
first commercial building to receive LEED platinum certification on Long Island and is among
one of the most energy-efficient buildings in New York.
Award: NY Construction’s Best of 2010 Award, Green Project of the Year
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11

AGC NYS CORNERSTONE Winter 2011
12
2011:
Jeffrey J. Zogg
In 1990, the Build New York Awards program
was introduced in an effort to portray the
positive impact of the construction industry
in New York State, and to enhance the reputation
of its general contractor and construction manager
members.
The awards emphasize the construction team,
not only the general contractor or construction
manager but also the many others – the owner,
architect, engineer, subcontractors, suppliers
and craftspeople who contribute to the success
of a project.
Since 1990, the Build New York Award winners
have symbolized the best of construction projects
in the state. Winning projects have been
large and small, new and renovations, public
and private. Hospitals, schools, hotels, parking
garages, bridges, sports arenas, office buildings,
and many other types of structures have been
winners. Some projects are beautiful, others ordinary
to the eye, but they all have one thing in
common – they presented challenges that were
met successfully by the winning company and
its team.
We are proud in 2011 to honor three more firms
and two honorable mentions for projects completed
in the preceding two years. Those selected
by our 10-member jury represent excellence
in project management, responsiveness to client
needs, innovation in construction techniques,
the conquering of unique circumstances, exceptional
service to the industry and the workers
engaged on the work, excellence in safety, and
important contributions to the community.
Each winner will be presented a triangular piece
of Lake Placid blue granite, indigenous to New
York, set on a sleek black pedestal, in recognition
of the company’s efforts. Each construction
team member will also be appropriately honored.
The award is meant to symbolize a substantial
and quality contribution by the contractor and its
team to the client that will stand the test of time,
just as will a piece of New York granite.
Build New York Award Winners
The Build NY Award symbolizes the best construction
projects in New York State
By Brendan Manning
The East Wing expansion at the
Hospital for Special Surgery
pictured right, earned Morgan
Construction Enterprises, Inc.
a Build NY Award. Please see
p.15 for complete details on the
project.
Pictured right is the St.
Charles Resurrection Cemetery
Welcoming and Information Center
in Brooklyn, NY. The project
earned Lipsky Enterprises, Inc. a
Build NY Award. Please see p. 17
for complete details on the project.
Lancaster Development, Inc.
completed the replacement of
New York State Route7 / Route
2 over Interstate 87. The project
earned Lancaster Development,
Inc. a Build NY Award. Please see
p.16 for complete details on the
project.
Please see Build NY Award Winner on page 15

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Made in America.
Making America for 50 years.
AGC NYS CORNERSTONE Winter 2011

AGC NYS CORNERSTONE Winter 2011
14
HNTB Salutes AGC NYS
for 25 years of hosting a
Premier Construction Industry Conference
Lake Champlain Bridge
High-Speed Rail
Albany
1762 Central Ave, Suite 301
Albany, NY 12205
518-218-5555
New York
5 Penn Plaza
6th Floor
New York, NY 10001
212-594-9717
ENGINEERS ARCHITECTS PLANNERS
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• Airport planning and design
• Architecture
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• Security
• Technology
• Toll facility and systems design
• Urban design and planning
• Water resource management

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

16
Build NY Award Winner: Lancaster Development, Inc.
Replacement of Rt.7/Rt.2 Over I-87
The New York State Department
of Transportation (NYSDOT)
Contract D260830 called for
the Replacement of the NYS Route 7 /
Route 2 over Interstate 87. The project
is in the Town of Colonie with a satellite
site in Rotterdam for a Wetland
Mitigation area.
The intent of the design was to bring
the structure up to current standards
and to relieve traffic congestion in that
area without taking any additional right
of way.
The NYSDOT decided to accomplish
these requirements utilizing a Single
Point Urban Interchange (SPUI). The
SPUI has efficiencies that allow it to
eliminate the traffic lights that would be
at each end of a typical diamond interchange,
and replace it with a single set
of signals. It is these efficiencies that
allow the interchange to handle larger
volumes of traffic flow. The choice of
the SPUI required the DOT to design
and construct a one of a kind bridge.
This is the first structurally supported
SPUI in New York State.
The project required constant communication
with Lancaster Development,
Inc. (LDI), NYSDOT Design and the
Subcontractor in order to make this a
successful project. Communication
was also needed to the traveling public
via press releases due to this being on
a major commuting route and near several
retail shopping centers.
The intent of the design of the bridge
replacement of the Interstate 87 Exit 6
Bridge depended heavily on the reduction
of impact on the traveling public.
The project needed to be controlled by
136 construction phases and sub-phases.
LDI created an in- depth Critical
Path Method (CPM) schedule to manage
all of these constraints. LDI worked
closely with the owner to monitor the
CPM and the status of all 136 phases.
Several of these phases required that
1-87 ramps be closed over a weekend
while the relocation of the traffic
took place. These closures were 24
hours a day and needed to be scheduled
and planned down to the hour.
The CPM was an integral tool
in the building and monitoring
of the schedule. LDI utilized
three dimensional modeling in
the construction of the project.
This allowed the project team
to address any design issues
with the owner before construction
began. The 3D model
also gave the management
team the ability to plan ahead
and optimize the construction
areas for each phase before
traffic was moved.
Team Members
Constant communication with vendors,
subcontractors and the NYSDOT Structures
office was imperative to make
this project a success. The multiple
phases of the project required that material
and subcontractors needed to be
on the project at the right time because
of the lack of room and the critical time
requirements. Without the coordination
efforts of all involved, this project
would have been a very difficult project
to complete in the time constraints
given in the contract documents.
General Contractor: Lancaster Development, Inc.
Owner: New York State Department of Transportation
Project Engineers: New York State Department of Transportation
Contributing Team Members: Jeff Kenyon – Project Superintendent

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

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

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

AGC NYS CORNERSTONE Winter 2011
20
Welcome
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 MEMBERS
John P. Picone, Inc.
31 Garden Lane
Lawrence, NY 11559
www.johnpicone.com
(516) 239-1600
Putrelo Building Enterprises
9273 Grange Hill Road, Suite 200
New Hartford, New York
www.putrelobldg.com
(315) 737-3124
Titanium Construction Services
247 W. 30th Street, 6th Floor
New York, NY 10001
www.titaniumconstructionservices.com
(212) 986-4753
SPECIALTY CONTRACTOR
Jorrey Excavating Inc.
160 Bart Bull Road
Middletown, NY 10941
(845) 692-2755
NEW MEMBERS
ASSOCIATE MEMBERS
Central Turf & Irrigation Supply
8 Williams Street
Elmsford, NY 10523
www.centralirrigationsupply.com
(914) 347-5656
Colony Hardware
150 Stiles Street
New Haven, CT. 06512
www.colonysupply.com
(203) 466-5252
Maine Technical Source
2634 James Street
Syracuse, NY 13206
www.maintechnicalsource.com
(800) 322-5003
Weston & Sampson
22 High Street
Rensselaer, NY 12144
www.westonandsampson.com
(518) 463-4400
Specializing in pavement markings on asphalt and concrete for
highways, parking lots, airports and running tracks
STRAIGHT LINE INDUSTRIES, INC.
Certified MBE/WBE/DB
(518)- 220-2000
5 Arrowhead Lane, Cohoes, NY
www.Straightlineindustries.com

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AGC NYS CORNERSTONE Winter 2011
21

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

Is Tremendous
Governor’s call for a quick recovery. They worked day and
night, in some cases, to get highway repair and reconstruction
completed so that roads and bridges could reopen to
traffic, ensuring that people can get where they need to go.”
From Aug. 29 through Aug. 30, NYSDOT deployed approximately
1,550 crew members, 2,400 maintenance staff and
1,000 pieces of equipment to affected areas, particularly in
the eastern Adirondacks, Northern Catskills, Capital Region,
Mohawk Valley, Hudson Valley and Southern Tier. These
forces dedicated over 200,000 work-hours on repair work,
tree and debris removals, traffic signal repair, GIS data collection,
flood cleanup, and assessment and evaluation of
storm damage. All of this accomplished over a three-week
storm response period.
Damage was dramatic for rail roads as well. At the height
of the storm, every major rail route in eastern New York was
severed by flooding or washouts. As a result, there were no
viable routes for freight or passenger traffic between New
England and the rest of the country. By the end of that week,
however, all major rail routes but one – Metro-North’s Port
Jervis line – had been restored to service. Less critical lines
also suffered significant damage, some of which has yet to be
repaired. That includes tourist lines in the Catskills, which
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suffered catastrophic damage, and portions of the Batten Kill
Railroad in Rensselaer County.
Tropical Storm Lee caused widespread rail damage across
the Southern Tier. Most dramatically, a soil failure led to
the collapse of large section of CP Freight Subdivision, with
the debris burying the northbound lanes of I-81, just north of
Binghamton. Rail service has been restored there and along
all other rail lines that Tropical Storm Lee struck.
The impact on our infrastructure is enormous and facilities
that were in need of repair are in the same or worse condition
now. Some facilities required complete replacement while
some were abandoned. With over $39 million in emergency
contracts awarded in response to the storms, and over one
dozen stand-by contracts contributing to the restoration, the
cost is expected to top $100 million in total storm damage
here in New York. We cannot be led to believe that these
emergency expenditures have resolved any of our infrastructure
needs. If anything, the disaster has served to highlight
how critical our roads, bridges, rails and utility infrastructure
are to being able to serve the people of the State of New York
safely, efficiently and reliably.
Contractors who have mobilized thousands of workers, hundreds
of pieces of heavy equipment and expedited delivery
of millions of dollars worth of materials include the following
AGC NYS members. Add to these the dozens of trucking
firms, quarries, concrete and asphalt plants, steel and
precast concrete fabricators, and more, and you may begin
to understand the truly statewide effort that has gone into
putting NY back together again. Thank you all for work
well done!
•Bette & Cring LLC, Latham
•Cardona & Sons, Inc., Schenectady
•D. A. Collins Construction, Mechanicville
•Gorick Construction, Binghamton
•Halmar International, Croton-On-Hudson
•Harrison & Burrowes Bridge Constructors, Glenmont
•James H. Maloy, Loudonville
•Kubricky Construction Corp., Wilton
•Lancaster Development Inc., Richmondville
•Peckham Road Corp., Lake George
•R. DeVincentis Construction, Vestal
•Reale Construction, Plattsburgh
•Schultz Construction, Ballston Spa
•Vacri Construction, Vestal
AGC NYS CORNERSTONE Winter 2011
23

AGC NYS CORNERSTONE Winter 2011
24
Life Blood Continued from P.19
While these provisions are not, on their face, offensive or
out of line with good industry practice, the most troublesome
part of the law is part of the most recent changes. It allows
for the contractor or subcontractor to submit the claim of a
violation of the law to binding arbitration administered by
AAA (American Arbitration Association). There may be
many legal questions as to the enforceability of this provision.
With that said, however, I am concerned that a disgruntled
subcontractor may place a general contractor in a
precarious situation between the claim risk and his relationship
with a client.
Pay When Paid – While I don’t wish to get into great detail
about the lien law (AGC NYS has a Guidance Document), it
is important to discuss briefly the “West-Fair” case as it relates
to payments to subcontractors. Suffice it to say that the
decision in the case holds for the proposition that contingent
payment/“pay-if-paid” clauses in contractor/subcontractor
agreements in New York State are void and unenforceable as
being violative of Section 34 of the Lien Law. Should you
cling to such provision in your contract, it may render all the
protections you otherwise have in the payment provisions
moot. What is allowed in New York State are “pay-whenpaid”
clauses. The somewhat unanswered question relates
to how long “when” is. Many have sought to require subcontractors
to exhaust their lien rights while others, such as
ConsensusDOCS 750 have simply relied on the term “reasonable.”
I would submit that Article 35-E of General Business
Law may answer the question or, at least, provide the
remedy.
Best Practice
With all that as background, the question is this – what is
considered “good industry practice” when it comes to payment
provisions? For that, I would suggest you look to
the payment provisions found in ConsensusDOCS. While
similar, if identical, provisions are found in the other ConsensusDOCS
contracts, I am focusing on those found in Articles
4 and 9 of ConsensusDOCS 200 (Owner/Contractor
Agreement) and Articles 4 and 8 of ConsensusDOCS 750
(Contractor/Subcontractor Agreement). I cite these because
they have been negotiated and endorsed by owner, contractor,
subcontractor and surety organizations, a reading of the
clauses confirm their fairness and good common sense and
because, the AIA documents no longer represent the level
of fairness on the payment provisions that they once did.
Without citing each and every clause, below is a list of the
key provisions:
• Owner is obligated to provide continuous proof to the contractor
(and contractor in turn is to provide such information
to the subcontractors) of the owners’ ability to finance and
pay for the work. (For guidelines and language on this, review
ConsensusDOCS 290 and 290.1)
• Retainage percentage is not stipulated. It is a fill in the
blank portion. 10% is not uncommon given the next point.
• Reduction in retainage to zero upon satisfactory performance.
Each subcontractor would be subject to the same
opportunity.
• Ability to substitute negotiable securities for retainage.
• Opportunity for early release of retainage for early finishing
subcontractors and for partial use or occupancy.
• Payment for stored materials.
• Payment to contractor made within 20 days of application.
• Payment made to subcontractor within seven days of payment
to general contractor
• Ability to stop work after seven days notice which can be
made if payment is seven days late. This applies to subcontractors
as well.
• Interest on late final payment.
As stated above, the payment process that maintains regular
positive cash flow is critical to project success. Unnecessary
strictures in the payment process are likely to have a negative
impact on schedule, performance, reaction to owner
needs and, over the long term, price. The list of best practices
noted above are guidelines. In some cases, however,
even more aggressive processes such as payment every two
weeks, may be warranted.
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Clockwise from top left:
� Hamburg Drain Screening Facility, Buffalo
Design and installation of temporary tieback anchors for
support of excavation.
� Townsend Towers, Syracuse
Design and installation of micropiles 140 feet to rock for
building rehabilitation project.
� Union Station Expansion, Toronto
Installation of over 800 micropiles in the basement of
existing railroad station for below grade expansion.
� Turnwood Road Along Beaverkill Creek, Ulster County
Installation of permanent soldier piles and anchors for
roadway widening and stabilization.
� CNSE Nano Fab West Expansion, Albany
Design and installation of 154 micropiles for new
nanotechnology fabrication facility.
Upstate New York 315-834-6603
NY/NJ Metro 201-489-1700
For a complete listing of offices, visit: www.HaywardBaker.com
GROUTING GROUND IMPROVEMENT EARTH RETENTION STRUCTURAL SUPPORT DESIGN-CONSTRUCT SERVICES
AGC NYS CORNERSTONE Winter 2011
25

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

AGC NYS CORNERSTONE Winter 2011
27

AGC NYS CORNERSTONE Spring 2011
28
MARVIN ®
COMMERCIAL
SOLUTIONS
Marvin provides an extensive range
of window and door solutions that
can fulfill most any commercial
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Super Enterprises congratulates
Lipsky Enterprises, Inc.,
our partner, who earned the
2011 Build NY Award.
For information about Marvin
Commercial Solutions Contact
Chris Geiger, Territory Manager
(800) 48-MARVIN x267
cgeiger@supermarvin.com

New York’s
“Go-To” Construction
Law Firm
The G&C Building
66 North Village Avenue
Rockville Centre | New York 11570
Phone 516.764.2800 | Fax 516.764.2827
www.goldbergconnolly.com
Visit Tracey’s AGC web page.
Scan the QR code or
go to http://bit.ly/vKQUJh
www.traceyroad.com
Contact
Henry L. Goldberg
Managing Partner
hlgoldberg@goldbergconnolly.com
AGC NYS CORNERSTONE Winter 2011
29

Thomas Stebbins was recently
named Executive Director of the
Lawsuit Reform Alliance of New
York (LRANY). LRANY is a new organization
dedicated to fighting for comprehensive
legal reform in New York. AGC
NYS President & CEO Mike Elmendorf
and I serve on the Board of Directors
along with the US Chamber of Commerce,
NFIB, Business Council, Farm
Bureau, Unshackle Upstate and others.
Recently, I spent some time with Tom for
a Q&A session about the recent accomplishments
of LRANY.
Q1. Tom, what did you do before being
appointed Executive Director of
LRANY?
Prior to joining the Lawsuit Reform Alliance,
I developed wind farms for Horizon
Wind Energy, the third largest developer
of wind energy projects in the world. I
spent four years developing wind farms
from Maine to Maryland, including some
projects here in New York. During my
time in wind energy, I worked closely
with civil, environmental and electrical
contractors, so I know many of the challenges
contractors face here in New York.
I also successfully negotiated and passed
pro-wind and pro-development regulations
at the local level, so I know how
seemingly small regulations can vastly
affect the cost of a project.
Q2. What makes you think that NYS is
ready for scaffold law reform?
We have a number of things working in
our favor right now. First, our state desperately
needs jobs and other states have
shown that scaffold law reform can bring
jobs. Second, the recently passed tax
cap is shining the spotlight on municipal
budgets. Municipalities spend millions
each year to settle scaffold law claims
and millions more in high insurance rates
and high costs of construction. Much
of this cost is driven by the scaffold law
Q & a With the Lawsuit reform alliance
on scaffold Law reform
By: Walter Pacholczack, Vice President Government Affairs
and we need to show that to our legislators.
Third, unlike years past, we have a
state government that is working, and a
Governor who has shown he is willing to
push for reform. Put those three things
together and you realize that the time for
meaningful reform is now.
Q3. Talk about the recently launched
scaffoldlaw.org. Why should people
visit the website?
The website is a great place to find the
most up-to-date information on the scaffold
law. Just last week we highlighted a
case against the Rochester School District
that illustrated how much the scaffold law
affects our local government budgets and
by extension New York taxpayers. The
week before, we shared a case that was
decided in NYC that vastly increased the
scope of the scaffold law – contrary to
the Trial Bar’s claims that the case law
is narrowing the scope. Lastly, you can
get updates on the coalition and the progress
we are making in Albany, like press
clips, new members or the recent study
completed by SUNY-Albany showing
the costs of lawsuits on municipalities.
Q4. Talk about the supporting organizations
of scaffold law reform. Why did
they join and what are they doing?
Our coalition is a diverse group of business
organizations, local Chambers of
Commerce, contractor groups and other
groups like the Farm Bureau. I have been
working with these groups to get the word
out to their members. I recently spoke
at the Erie County Farm Bureau and the
Construction Exchange of Western New
York, among others, and I look forward
to speaking at more events and gathering
support for this reform. We have also
succeeded in getting scaffold reform on
the agenda of other coalitions LRANY
is a part of, like the Let New York Work
coalition and the Main Street Business
Alliance. We want to make sure as many
people as possible are talking about scaffold
reform in Albany.
Q5. What can the construction industry
do to help support scaffold law reform?
First, talk to your legislator. Don’t assume
that they know the issue. I still hear
myths like, “taking away the rights of
people to sue” or “less money for injured
workers” from legislators who have been
around for years. We need to continue to
educate them and continue to show the
profound negative impact this law has on
our economy and our government. Second,
join the coalition and connect with
others around the state who are interested
in reform. Lastly, help us spread
the word. The general public does not
know anything about the scaffold law, so
let them know. Talk to fellow members
of your local clubs or send a letter to the
editor at your local newspaper. You can
find lots of helpful materials at www.
scaffoldlaw.org.
Q6. What is on the horizon for scaffold
law reform?
We hope to continue to expand the coalition
to include the municipalities and
school groups we partnered with for
Let New York Work. We have also sent
a letter to every member of the Governor’s
Regional Economic Development
Councils and are looking forward to seeing
scaffold law reform on the agenda of
those local councils. Also, SUNY Albany
will continue to refine their study
to focus on cases like the Town of Amherst,
which was recently caught up in a
scaffold suit that may cost the town over
$20m. We need to focus on stories like
that to ensure this issue approachable for
the public and the Legislature. The Trial
Bar uses stories to cover the facts and so
we need to use stories to supplement the
facts.
AGC NYS CORNERSTONE Winter 2011
31

32
MILLING
Quality. Reliability. Teamwork.
• Micro Milling/Surface
Planing/Profiling
• Rumble Strips
• Cross Slope Correction
• Precision Accuracy with
Sonic Multi-Plex Averaging
and Level-Pro Controls
• Full Clean Up Support;
Sweeping/Chipping
• Water Trucks
• Full Depth Base or
Shoulder Removal
• 2’, 3’, 4’, 7’ and 12.5’
Milling Widths
• Asphalt Paving
1-866-MILL-USA
www.villagerci.com
MM033-Villager ad (7.5 x 4.75) 1-11.indd 1 1/12/11 4:23:34 PM

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

34
Member
Sponsors
Since 1926, the Associated General
Contractors of New York State,
the largest contractor association
in New York State, has been the leading
voice for the general contractor and construction
industry before government,
public and private construction users,
architects, engineers and all others that
have an impact on our industry.
Today, AGC NYS membership consists
of more than 700 members doing the
vast majority of the road and bridge
construction, commercial, industrial and
instituional building in New York State.
The membership has one thing in common:
QUALITY. AGC NYS comprises
quality contractors providing competitive
quality products to public and private
owners in New York State. AGC
NYS continues to provide substantive
and timely services and programs in the
same fashion. The continuing support of
our membership, even in troubled economic
times, reinforces the importance
of the association’s mission.
We thank those who have helped underwrite
this special edition of the Cornerstone.
If you are interested in advertising in the
2012 Spring edition, please contact Carl
Zeilman, Communications Director of
AGC NYS at:(518) 456-1134 or email:
czeilman@agcnys.org.
BST
MANNING SQUIRES HENNIG

BBL Construction Services
302 Washington Avenue, Ext.
Albany, NY 12203
(518) 452-8200
B.R. Fries & Asscoiates, LLC
34 West 32nd Street
New York, New York 10001
(212) 563-3300
Bollam, Sheedy,Torani & Co.
26 Computer Drive West
Albany, NY 12205
(518) 459-6700
Construction Risk Partners
450 7th Avenue - Suite 405
New York, New York 10123
(646) 625-7100
Contractor Sales Company
121 Karner Road
Albany, NY 12205
(888) 468-5479
Couch White, LLP
540 Broadway
Albany, NY 12201
(518) 426-4600
Eastman Associates, Inc.
6 Railroad Ave
Oneanta, NY 13820
(607) 432-7803
The Fort Miller Co., Inc.
P.O. Box 98
Schuylerville, NY 12871
(518) 695-5000
Luck Builders
73 Trade Road
Plattsburgh, NY 12901
(518) 561-4321
The JPW Companies
Hydraulic cranes to 600 ton capacity
with super lift and luffing jib
Crawler cranes to 650 ton
capacity with luffing jib
L.M. Sessler Excavating &Wrecking
1257 State Route 96 N.
Waterloo, NY
(315) 539-3353
New York State’s First
Manning Squires Hennig Co.,
8426 Seven Springs Road
Batavia, NY 14020
(585) 343-5365
Massa Construction Inc.
630 Pre-emptive Rd.
Geneva, NY 14456
(315) 789-8667
McKissack & McKissack
150 West 30th Street - Suite 1200
New York, New York 10001
(212) 349-6500
Monroe Tractor
1001 Lehigh Station Road
Henrietta, NY 14467
(585) 334-3876
Plan & Print Systems, Inc.
6160 Eastern Ave
Syracuse, NY 13211
(315) 437-5111
AISC Certified Steel Fabrication and Erection Facility
Dave: (315) 374-5912 Don: (315) 374-5868
6376 Thompson Road
Syracuse, NY 13206
www.jpwriggers.com
www.jpwriggers.com
Sano-Rubin Construction Co.
624 Delaware Ave.
Albany, NY 12209
(518) 462-6471
Thalle Industries, Inc.
51 Route 100
Briarcliff Manor, NY 10510
(914) 762-3415
Turner Construction
22 Corporate Woods Blvd.
Albany, NY
(518) 432-0277
W.M. Schultz
Construction, Inc.
P.O. Box 2620
Ballston Spa, NY 12020
(518) 885-0060
AGC NYS CORNERSTONE Winter 2011
35

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

AGC NYS CORNERSTONE Winter 2011
37

PROFILES IN
PROFESSIONALISM
Stacy Manny
Administrative Assistant
Hometown: Latham, NY
Brief description of your AGC NYS job: I am the
first line of contact between Members and our staff. I
also assist the entire staff with whatever projects they
need help with.
What do you most enjoy about AGC NYS: Getting
to learn about the construction industry while also getting
to interact with so many great people.
What has been your greatest AGC NYS achievement: My greatest AGC
achievement would have to be that I have become proficient in the various
software programs in use at the office. Also, avoiding the temptation of the
delicious candy bowl that sits in front of my desk - at least most of the time.
Educational background: Bachelor of Arts from Russell Sage College in
English and Political Science.
Current hobbies: I like to consider myself an amateur beer connoisseur
and to compensate for my unhealthy habit, I love to run and do Zumba.
Favorite saying: “Everything happens for a reason.”
Walter Pacholczak
Vice President of Government Affairs
Hometown: Staten Island, NY
Brief description of your AGC NYS job: Vice President
of Government Affairs. The role of government
affairs professional is constantly changing because
advocacy is becoming increasingly expensive and
more sophisticated. My primary focus is to strengthen
and develop close relationships with the Executive and
Legislative branches but coalition building, fundraising, federal relations,
and engaging in local politics are important assets that I bring to AGC NYS.
What do you most enjoy about AGC NYS: The diversity, quality and
commitment of the AGC NYS membership.
Educational background: Wagner College. BA Political Science.
Current hobbies: Aside from spending time with my family, I enjoy politics,
cigars, golf and running.
Favorite saying: I know this is cliché but “all politics is local” by former
House Speaker Tip O’Neill. It has many applications outside of the political
world.
Same superior product.
Brand new name.
Now there’s a permanent name for portable power:
Doosan. Formerly a division of Ingersoll Rand, we’re
the product that construction and mining companies
worldwide have relied upon for 140 years. Known
for innovative solutions and extraordinary service,
we’re the same superior product as always. The only
change is the name.
Walter S. Pratt & Sons, Inc.
317 Columbia St.
Rensselaer, NY 12144-2920
www.PrattandSons.com
Phone: (518) 465-1549
Toll Free: (800) 613-4738
Fax: (518) 465-0712
Find Us on
(800) 633-5206
DoosanPortablePower.com
©2011 Doosan Infracore Portable Power
39

AGC NYS CORNERSTONE Winter 2011
40
Our Team: Your Blueprint for Success
In the construction and real estate industry, financial concerns involve much more than simply
financial reporting and personal and corporate tax planning and compliance. In addition to
these services, BST’s construction specialists will help you turn challenges into opportunities in
the following areas:
Construction claims preparation, management and defense w
Project fraud and forensic investigations w
Litigation support services w Dispute resolution w
Expert witnesses w Surety consulting w Business valuations w
Worker’s compensation audits w Independent Private Sector
Inspectors General (IPSIG) monitor w
Job cost accounting system review, implementation, and training
26 Computer Drive West
Albany, NY 12205
Tel: (518) 459-6700 • (800) 724-6700
www.bstco.com
28 West 44th Street, Suite 2010
New York, NY 10036
Tel: (212) 661-8640

The Dutchess County Rail Trail - Success Through Teamwork
The Dutchess County Rail Trail is an abandoned
railroad bed of the Maybrook line developed into
a multi-use biking, running and walking trail. Now
completed, it is a 12-mile linear park stretching through
the heart of Dutchess County from Morgan Lake on the
Town/City of Poughkeepsie border through the towns of
LaGrange and Wappinger, to East Fishkill at the Hopewell
Junction hamlet.
Due to the trails complex engineering and environmental
challenges, it was constructed in four phases. Recently, A.
Colarusso and Sons completed the final phase with asphalt
and aggregate materials supplied by Thalle Industries, Inc.
Not only is the Rail Trail a successful project for the people
of Dutchess County, it is a case study in successful teamwork.
In this case the successful team includes supervision
by Dutchess County, the construction expertise of A. Colarusso
and Sons and the coordinated production, and timely
supply of quality materials by Thalle Industries, Inc.
The primary contacts for Dutchess County were Gregory
Bentley, Director of Engineering and his assistant, Matthew
Dutcavich. The A. Colarusso and Sons full-time project
superintendent was Dean Pullman and the project manager
was Jason Arrack. For Thalle Industries John Amato - Sales
Manager, Eric Billings - Quarry Superintendent, Dave Fitzgibbons
and Joe Linda - Asphalt Plant Operations.
This final phase was to build a 7 mile long - 16 foot wide
biking, running and walking trail on the abandoned railway.
There were construction and schedule challenges because
of a very deteriorated roadbed, which was little more than
a strip of grass through the woods, and the repair of existing
concrete culverts and small bridges. A major schedule
challenge was the rehabilitation of a 250 foot, 5 span bridge
over Sprout Creek which was more deteriorated than anticipated.
Also, pedestrian walkways were built over three
roads.
To create the biking, running and walking surface, the
existing roadbed was covered with crushed stone (item
4) placed with a paver, then an asphalt binder course and
asphalt top course. The asphalt biking, running and walking
trail is 10 feet wide with a 6 foot gravel tread alongside
for runners and walkers who prefer a softer surface. Thalle
Industries supplied the crushed stone and asphalt for the
10 foot wide hard surface and their Trail Mix for the soft
gravel tread path.
“Thalle Industries provided a very professional level of
communication and cooperation. They produced materials
to our schedule and delivery where and when we needed
it,” Dave LaSpada, A. Colarusso and Sons.
The project was worked to a strict deadline because
Dutchess County wanted the Rail Trail opened by Memorial
Day. So whenever there was a setback or problem, lost
time had to be made up. The tight schedule required a lot of
materials delivered in a short amount of time. A. Colarusso
and Sons and Thalle Industries were in daily communication
for planning and general project coordination to keep
materials supply on schedule.
The Rail Trail opened on Memorial Day 2011. People from
all over Dutchess County and beyond now enjoy it daily.
National Reach. Personal Touch.
The basis for every successful construction
project is a solid financial foundation.
We bring a team of professionals with
construction experience to serve your needs.
We don’t just speak the language –
we think the language of the construction industry.
221 S. Warren Street | Syracuse, NY 13202
(315) 472-9127 | Fax (315) 472-0026
www.dmcpas.com
Contact: Kenneth C. Gardiner
41

AGC NYS CORNERSTONE Winter 2011
42

FOX & KOWALEWSKI, LLP
ATTORNEYS & COUNSELORS AT LAW
Laurence I. Fox Edward Kowalewski, Jr.
Brendan R. Wolf
Experience matters. We have over 60 years of
combined experience representing the construction community.
We offer personal attention, prompt service and reasonable fees.
Four Old Route 146
P.O. Box 958
Clifton Park, New York 12065-0802
______
Telephone (518) 383-0200
Facsimile (518) 383-1510
E-Mail: lif@fkllplaw.com
AGC NYS CORNERSTONE Winter 2011
43

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

Build NY Honorable Mention: Kirchoff-Consigli Construction Management,LLC
Hancock Center for Emerging Technology – Marist College
Under a CM at Risk agreement,
Kirchhoff-Consigli was hired
to manage the preconstruction
and construction of the Hancock Center
for Emerging Technology.
The Hancock Center is the new home
for the School of Computer Science
and Mathematics; occupying a
prominent site at the heart of Marist
College's campus and sitting atop a
bluff overlooking the Hudson River.
With its rustic stone walls, red brick
window surrounds and limestone
detailing, the Hancock Center carries
forward the quiet Gothic architectural
tradition established by the Marist
Brothers at the turn of the 20th century.
The 54,000 SF "L" shaped-building
improves the definition of two of the
campus's green spaces, the Hudson
Meadow and the Quadrangle. The
main entrance is located at the base of
a generous stair tower that serves as
a beacon for the college; visible from
the campus entry gate and from across
the river. A second entrance off the
Meadow offers 24-hour access to the
building’s three computer laboratories.
To the West, a three-story wing provides
offices for faculty and administrators
as well as conference and seminar
rooms; a lower level tucked into
the slope of the site accommodates
offices and computer labs. The North
wing houses technology development
Team Members
suites on the ground floor and two
levels of classrooms above. The suites,
which include a technology showcase;
collaborative work/study spaces; and
a back-up disaster recovery center for
IBM, are developed as a naturally-lit
gallery punctuated by windows and
doors which open out to a quiet patio
for seasonal gatherings and functions.
Kirchhoff – Consigli was able to
prevent runoff and construction debris
contamination, even though the building
was constructed along the banks of
the Hudson River. They also maintained
a zero incident record; keeping
the students who slept just a stones
throw away safe from the site which
contained 30' of cranes, holes, and
scaffold.
The building was delivered three
months prior to the start of the fall
semester with an added $5M of CO
work, including an independent "summer
slammer" parking lot and quadrangle.
Kirchhoff – Consigli partnered with
two of the most renowned entities in
their fields, Marist College and Robert
Stern Architects, to complete this
masterpiece hundreds of thousands of
dollars below the original estimates.
The building is now used as a teaching
tool for the students; opening their
eyes to the wonders of the construction
industry.
Manager: Kirchhoff – Consigli Construction Management, LLC
Owner: Marist College
Architect: Robert A.M. Stern Architects
Engineers: Thornton Tomasetti, Inc.; Kohler Ronan, LLC; Rhode Soyka and Andrews
uild New York Jury
The jury was made up of representatives of last year’s winning companies, AGC NYS
Associate Members, and other industry experts. They included Jury Chairman Richard
Schneider (Northeast Construction Services, a LeChase Company), Ron Bagoly
(CSArch), Craig Dailey (King & King Architects), Jeff DiStefano (Harrison & Burrowes
Bridge Constructors), Lonnie Dorsey (Sheats & Associates, P.C.), Bill Held
(State University Construction Fund), Vic Macri (VMJR Companies), Claude Rounds
(RPI), Anthony Vero (Aurora Contractors) and Frank Vero Jr. (Aurora Contractors).
Missing from the photo: Joe Foglietta (NYS DOT), Keith Giles, PE, LS (GPI / Greenman-Pedersen,
Inc.)
AGC NYS CORNERSTONE Winter 2011
45

46
CoNstRuCtioN MateRials testiNg + iNspeCtioN
AsphAlt • soils • ConCrete • MAsonry • struCturAl steel
full seRviCe aasHto aCCRedited laboRatoRY
607-235-2006
1813 Route 7 • Harpursville, NY
www.advancetesting.com

C
M
Y
CM
MY
CY
CMY
K
Financing Public & Private Construction_acg_ad_print.pdf 1 11/22/11 10:27 AM
Financing Public & Private Construction in Today’s Economy
Driving Development in New York State February 29, 2012
This program will explore the value of investing in vertical and
horizontal infrastructure, along with some unique ways to provide
for that investment. We’ll address the roles the different markets
play in economic health, and what it takes to put a financing deal
together for a private construction project.
Topics to be addressed include:
• Unique Financing of Infrastructure Projects
in Today’s Political Reality
• How Can Project Delivery Play a Role?
• Financing Private Projects: What
Does it Take to Put a Deal Together?
• The Role Public & Private Universities Play
• The New Energy Infrastructure
Register Online
NOW!
construction.com/
events/2012/finance
Attendee Fee:
$295
FPPC2011ACG
47

48
The Excitement is Building !
Marist College, Hancock Center for Emerging Technology
PLEASANT VALLEY, NEW YORK | KIRCHHOFF-CONSIGLI.COM

A Look Back ... AGC NYS Construction Conference 1987
It all started under the leadership of Jim Keeler, AGC New York State Chapter, Inc. President, and Franklin White,
NYSDOT Commissioner – the creation of a joint AGC-DOT event with the tag line “Working Together to Rebuild New
York.” The NY highway construction industry gathered in Saratoga Springs for two half-days. There were just 4 concurrent
workshops on the first afternoon and a single work zone safety workshop after breakfast on the second day. With over
400 people attending the inaugural event, the value was apparent and the immediate result was improved communication
and understanding between the Department and the Industry.
The successful format of that first event has been expanded and carried on over the years to this year’s 25th annual event
hosted by the AGC of New York State, LLC and named the Construction Industry Conference. Attendance has grown to
nearly 1,000 attendees. The trade show has changed from a few tables to a fully fledged trade show of over 50 vendors with
booth displays and equipment previews. Industry representation now includes all phases of building, heavy-civil and transportation
design and construction.
Our partnering agencies have also grown to include the Dormitory Authority of the State of New York, State University
Construction Fund, Office of General Services,
and the New York State Thruway Authority. Of
course, New York State Department of Transportation
continues to provide significant support
and participation. AGC appreciates these partnerships.
Interesting trivia from 1987 to 2011:
• Mario Cuomo was the governor of our state;
now his son serves in that role.
• The first cellular telephones were being used –
they weighed about 10 pounds and had to be carried
in their own briefcase! Now we carry them
in a pocket.
• The fathers of many of our current association
leaders were chapter leaders in 1987 and a few of
those past leaders are still active today.
The vitality of this event is a testament to the
dedication of the leaders of New York’s construction
industry and we all look forward to 25 more
years of growth and partnership.
COUCH WHITE, LLP
Counselors and attorneys at law
Our business is knowing what it takes to succeed
A recognized leader in New York
Construction Law for more than 23 years
Our Construction Leaders:
Pictured (top, left to right): David G. Anderson, Harold D. “Chip”
Gordon, Joel H. Howard, III and Michael T. Wallender. (Seated):
Jeremy M. Smith, Melanie J. LaFond and James J. Barriere
Arbitration Lien Law
Claims Litigation
Contracts Surety
Environmental Labor & Employment
Albany, NY • Washington, DC • Farmington, Connecticut • New York, NY
518.426.4600 • www.couchwhite.com
49

AGC NYS CORNERSTONE Winter 2011
50
Benefits of End- of-Season
Evaluations
Jim Norstad
Milton Cat
The end of earthmoving season is a good time to make
sure that the machines that you’ll be counting on next
spring will be ready to deliver when you need them to.
A well-done machine evaluation allows you to budget correctly
for maintenance, repairs and parts; it’s a useful tool for
deciding whether to repair a machine, trade it, or budget for
a new one, and it provides great value as documentation at
selling time.
Some equipment owners may assume that machine evaluations
are for “the big guys”. The question should be turned
around – can a two-machine contractor afford to begin a season
without knowing with certainty that his equipment is going
to perform for him, or without a firm figure in mind for
making sure it will?
At the other end of the spectrum, many large companies find
it advantageous to have machine evaluations performed by
their dealer; chances are their dealer has more knowledge,
depth, and years of experience than their own people do, as
dealer technicians are continuously trained by the manufacturer
on the latest technologies. A dealer also brings objectivity
to any given machine and that can be key.
A closer look at a good evaluation:
In general, machines with 6,000 - 8,000 hours are good
candidates for an evaluation. Cab, frame, body, booms and
l i f t arm are carefully
looked at to see
wheth- er the gauges
a r e working properly,
and to identify
leaks and check for
loose joints, cracked
booms and cracked or
chafing hoses. All fluid
cavities are sampled
and an- alyzed and filters
for each system
are cut open, inspected
for debris and replaced
by new ones.
Next comes a thorough inspection of all systems; powertrain,
hydraulics, cooling and electrical, done by running the machine,
checking cycle times, transmission, hydraulic pressures
and temperatures for all systems against specifications.
A complete evaluation typically is done at the customer’s
location and takes four to six hours performed by both a service
technician and parts and service sales rep (PSSR). Another
two to three hours are needed for the PSSR to prepare
a final report, accompanied by a line item quote detailing
the cost to make repairs. Then, the decision is the machine
owner’s, but whatever route they choose, they’ll take it with
confidence.
Builders Supply
Est. 1968
4701 Veterans Hwy
Holbrook, New York
631-585-7171
www.GTSBuildersSupply.com

Dewatering your site
JUST GOT EASIER…
godwinpumps.com/Godwin-Flygt receive a copy of our new Dewatering Handbook.
Announcing the availability of the Flygt 2000 and 5000 series electric submersible pumps for construction
and mining.
Flygt’s history of innovative product engineering, coupled with Godwin’s reputation for superior products and
services presents you with the most comprehensive dewatering product and service solution. With a broad
network of locations to serve you throughout the United States, you can now satisfy your surface-mounted
and submersible pumping needs from one, comprehensive dewatering solution provider. Visit our website at
godwinpumps.com for the Godwin location nearest you.
51

52
AGC Training
and Education Calendar
AGC NYS, LLC Training and Education Calendar AGCA Training and Education Calendar
For more information on the courses below,
please visit the calendar at: www.agcnys.org
30 Hour Safety and Health Outreach Program
Date: December 13 - December 16
Tues 9-5 p.m. Wed, Thurs, & Friday 8-4 p.m.
Location: 3001 Brockport Road, Spencerport, NY
OSHA 30 Hour Safety and Health Outreach Program
Date: January 17 - January 20
All Day, Tuesday-Friday (8am-5pm)
Location: AGC NYS Office, 10 Airline Drive, Suite 203, Albany
Financing Public and Private Construction in Today’s Economy
Date: February 29 — 8am-5pm
Location: McGraw-Hill Auditorium, 1221 6th Ave, NY, NY
AGC Project Manager/Engineer Development Program
Module: Leadership
Date: February 9-10
Location: AGC NYS Office, 10 Airline Drive, Suite 203, Albany
The Activist NLRV: What Employers Need to Know
Date: January 11
Location: AGC NYS Office, 10 Airline Drive, Suite 203, Albany
For more information on the courses below,
please visit the calendar at www.agc.org
Metrics in Construction: Performance Measures That Matter
When: December 15, 2011
Where: Online
Time: 2:00 PM - 3:30 PM ET
2012 Conference on Surety Bonding and Construction
Risk Management
January 30 - February 1, 2012
Ritz Carlton, Naples, Florida
Construction Project Management in the 21st Century
When: February 16, 2012
Where: Webinar
Time: 2:00pm - 3:30pm EDT
AGC’s 93rd Annual Convention
March 13- 17, 2012
Honolulu, Hawaii
2012 AGC’s Contractors Environmental Conference
June 7-7, 2012
Arlington, VA

54
Building Blok AGC NYS’
New Member
Justin Nolan, CEO and Founder of Buildingblok, an online
construction management system, is a new member
of the NYS AGC. Justin used his experience at Hill International
to build a fantastic, easy to use online construction
management system that saves time and money while
increasing communication, transparency and accountability.
Its unique iPhone application bridges the communication
divide between the office and field and delivers real
time updates to all users. BuildingBlok was developed to
be extremely easy to use. It’s not built on hard to use legacy
software, so setting up an account takes only a few minutes.
You can set up a project by yourself and BuildingBlok even
has help wizards to guide you through the set up phase. Most
online systems charge by the number of users you invite to
join and/or by the number of files you upload to the system.
BuildingBlok offers unlimited users and unlimited file storage.
The goal of the BuildingBlok system is to get EVERY-
BODY (subcontractors, managers, architects, engineers and
owners) involved in your project to log in and work off the
same platform. Best of all it is, by far, the most cost effective
construction management system on the market.
Some of the services provided by Building Blok include:
• Free Invitations to Bid - BuildingBlok’s preconstruction
phase allows you to create an invitation to bid, invite an
unlimited number of subcontractors, upload an unlimited
number of bid files and addenda and track who is bidding,
RFIs and even allows subs to upload bids directly through
the system.
• Construction Management - Create, manage, and track
RFIs; ASIs; Submittals; Change Orders; payment applications;
daily reports; punchlists and more. Even better, subcontractors
can login and easily create any of these documents
from anywhere where there is an internet connection.
The project manager is notified and everything is logged.
• Mobile Application - BuildingBlok’s mobile application
allows users to stay connected with iPhones, iPads and Androids
to create, manage and track punchlists, photos, RFIs,
tasks and view blueprints while in the field.
BuildingBlok currently is running $400,000,000 + worth of
5090_TS_AGC_NYS_Ad 11/22/11 10:59 AM Page 1
projects. Some of the notable current clients are Indiana University,
American Capital Energy and the EDiS Company.
Congratulations to AGC
New York State on 25 Years!
From your friends at
866-385-6221 TheSagamore.com

56
President Makes 3 Percent
Withholding Repeal Law
On November 21, President Obama signed into law
the 3 Percent Withholding Repeal and Job Creation
Act. The law permanently repeals the requirement
that federal, state, and large local governments begin withholding
3 percent of each payment of $10,000 or more to a
contractor after January 1, 2013.
The bill signing is the culmination of a five-year effort by
AGC, chapters, members, and industry stakeholders to repeal
the 2006 provision. The multiyear campaign produced
a significant bipartisan victory in an era when bipartisanship
seldom happens. During the repeal campaign, AGC members
made a concerted effort to get co-sponsors, educate industry
partners such as public officials, subcontractors and
suppliers and get 3 percent repealed in 2011. AGC members
from all regions of the country, all types of construction
and all types of occupations within construction firms sent
emails, made phone calls and made visits urging members
of Congress to support repeal.
Winter Meeting in
St. John, U.S.V.I
January 20-25, 2012
Register today:
www.agcnys.org
For more registration information, please
contact Cathy Newell at: (518) 456-1134 or via
email: cnewell@agcnys.org

An Equal Opportunity Employer
Celebrating our 40th year in 2012
SYRSTONE, INC. would be pleased to quote you on any of the following construction
items either individually or in a "package":
Granite Curb
Precast Concrete Curb
Formed Concrete Curb
Slipformed Concrete Curb
Slipformed Concrete Gutter
Formed Concrete Sidewalk
Slipformed Concrete Median Barrier
Slipformed Concrete Bridge Parapet Walls
Brick Paving
Concrete Block Paving
Hand Laid Stone Paving
Interlocking Precast Concrete Pavers
Transverse Sawcut Grooving
Rumble Strips (MSRS, SNAPS, MIARDS)
SRS (Syrstone Roofing System), Patented
* Certified WBE *
State of NY #54358 : City of Syracuse, NY : Erie County, NY
State of PA #130531 : City Philadelphia, PA # 8615034GC
State of NJ # 55636-15 : State of MA : State of DE #DE11061634
CORPORATE OFFICE: 7395 TAFT PARK DRIVE, EAST SYRACUSE, NY 13057
PHONE: (315) 458-7723 � FAX: (315) 458-8197
SATELLITE OFFICE: 761 BIGGS HIGHWAY, RISING SUN, MD 21911
PHONE: (410) 658-6668 � FAX: (410) 658-7070
WEBSITE: SYRSTONE.COM
57

Maybrook
NEW YORK LOCATIONS
• Clinton Point Quarry & Asphalt • Haverstraw Quarry & Asphalt • Maybrook Asphalt
• Newburgh Asphalt • Tomkins Cove Quarry • West Nyack Quarry & Asphalt
NEW JERSEY LOCATIONS
• Bernardsville Asphalt • Byram Quarry • Hamburg Asphalt • Keasbey Asphalt • Mt. Hope Quarry & Asphalt • North Bergen Asphalt
• Oxford Quarry & Asphalt • Pompton Lakes Quarry & Asphalt • Riverdale Quarry & Asphalt • Totowa Asphalt
OTHER AGGREG AGGREGATE SERVICE LOCATIONS
• Flushing • Inwood Terminal • Pine Orchard Dock • Port Jefferson • Port Washington
RECYCLING LOCATIONS
New Jersey: Kearny • Keasbey • Mt. Hope • Oxford • Pompton Lakes • Riverdale
New York: Bronx
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NEW YORK STONE/ASPHALT/CONSTRUCTION/RECYCLING
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845-358-4500 | www.tilconny.com
Inwood
NEW JERSEY STONE/ASPHALT/CONSTRUCTION/RECYCLING
1-800-789-ROCK (1-800-789-7625)
59

60
Construction Industry

Conference in Pictures
61

62
AGC NYS
(518) 456‐1134
www.agcnys.org

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

BARBER-GREENE
THE TRADITION CONTINUES
Consistent Performance
The technology built into Barber-Greene
asphalt pavers continues to provide reliable
operation day after day. These high
performance machines keep money in your
pocket and increase your profitability year
after year.
Construction Equipment
Quality Results, Less Effort
Today’s paving operations require crews to
work longer hours, making operator comfort a
primary focus of Barber-Greene asphalt
pavers. The automated controls, comfortable
stations and good visibility will help get you
through the day.
BG655D Track BG600D Wheel BG-2455D Track BG-260D Wheel
Standard paving width 8' 8' 10' 10'
with cutoff shoes 6' 6' 8' 8'
with extensions 20' 2" 20' 2" 24' 2" 24' 2"
Horsepower 174 174 224 224
Paving speed (max) 230 fpm 200 fpm 255 fpm 300 fpm
Travel speed (max) 9 mph 11 mph 9 mph 14 mph
Hopper volume 230 cu ft 230 cu ft 230 cu ft 230 cu ft
Weight with front-mounted extenders 39,727 lb 37,251 lb 43,800 lb 40,230 lb
Weight with rear-mounted extenders 40,234 lb 37,747 lb 45,380 lb 39,320 lb
P.O. Box 608, Fisher Rd.
East Syracuse, NY 13057
(315) 437-7336
Fax (315) 437-7330
8033 Transit Rd.
East Amherst, NY 14051
(716) 689-1133
Fax (716) 689-1136
Maximize Your Time
Commonality and parts availability can help
you proactively schedule your service intervals
and keep you on the job. Contact your Barber-
Greene dealer for more information.
© Caterpillar 2009 All rights reserved. CAT, CATERPILLAR, their respective logos, “Caterpillar Yellow” and the POWER EDGE trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.
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