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E-News
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AIANYS and New York City Bar Convene Public Construction Law Seminar
AIANYS and New York City Bar held the program Public Construction Law in the 21st Century: Opportunities for Savings on November 25 at the Rockefeller Institute of Government in Albany. A panel of speakers, led by Russell Davidson, AIA, Immediate Past President of AIANYS, discussed how to increase efficiency and save money by modernizing New York State's service delivery methodology for public projects.
The panel of speakers included: Mark Blumkin, Principal, Capital Projects Consulting Services Deloitte Financial Advisory Services, LLP; Anthony P. Fisher, P.E., V.P., Holzmacher, McLendon & Murrell P.C., Chair, American Council of Engineering Companies, NYSOGS Committee; Dr. John B. Miller, Co-Reporter, ABA 2000 Model Procurement Code for State and Local Governments and 2007 Model Code for Public Infrastructure Procurement, Of Counsel, Patton Boggs, LLP; Howard Rosen, Esq., Peckar & Abramson, P.C., Past Chair, Construction Law Committee of the New York City Bar and Jeffrey Zogg, CEO, Associated General Contractors of NYS.
The program began with an explanation on why this is important and needs to be done. This was followed by an overview of the impediments-including a description of some of the NYS laws. Several areas of improvement were discussed including: model procurement code, cooperative project delivery and integrated project delivery. A case study of the Minnesota bridge re-build was given and was followed by a discussion on the qualitative implications of change as well as the financial advantages. Finally, the required changes needed to NYS laws were reviewed and an explanation of why this will work concluded the program.
"When the conditions that led to today's public bidding laws in New York State originated, architects drew with graphite and ink on linen and blueprints were actually blue. Buildings were of load bearing masonry only and steel framing, air conditioning and electricity were not commonly in use. Today's means of producing design are far advanced, but the laws which govern public construction severely limits the availability of these advancements with the net result that taxpayers in New York State pay more for lower quality buildings than the private sector and much of the rest of the country and world," Russell A. Davidson, AIA, KG & D Architects, Immediate Past President, AIA New York State.
AIANYS has written a letter to Governor Paterson asking him to issue an Executive Order creating a Task Force on Public Construction Law to assess the current statutory impediments and recommend changes during the next legislative session.
Pictured (left to right): Burton Roslyn, AIA, President-Elect, Russell Davidson, AIA, Immediate Past President, Maria Cilenti, Director of Legislative Affairs, New York City Bar, Terri Matthews, Senior Policy Advisor, NYC Department of Design and Construction and Edward Farrell, Executive Director.
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AIANYS President-Elect Testifies Before the Governor's Commission on State Asset Maximization
Burton L. Roslyn, AIA, President-Elect of AIANYS, testified recently before the Governor's newly-formed Commission on State Asset Maximization. The commission was formed to look at ways that public-private partnerships could help the state make effective long-term capital investments on infrastructure and buildings and other expenditures. Roslyn, testifying on behalf of the members of AIANYS, urged the legislature to allow alternate delivery methods,which provides the public owner with flexibility in meeting all of their project needs. Comprehensive reform of the delivery of public projects has the potential to save the save taxpayers money, as well as foster design excellence.
Currently, in New York State, the state and local governments have access to only one service delivery model called "design-bid-build," which awards a design contract to the lowest responsible competitive bidder. This single service delivery methodology embeds delay and exacerbates cost increases for some types of public projects. The current public works statutes for both state and local governments, enacted well before the end of the last century, are based on assumptions about construction that are no longer valid. Modernizing the state's public construction law would help the state and its local governments avoid non-productive costs and use their public capital more efficiently.
In his testimony, Roslyn suggested the state look into Design Build and Integrated Project Delivery, as only two of the varied options available. "We have the opportunity to benefit from the introduction of legislation permitting Design-Build and other alternate delivery methods, each providing the public owner with flexibility in meeting all of their project needs. Design-Build, wherein one entity contracts for design and delivery of the finished product, is a system used effectively in other states. It presents the opportunity for the key members of the building process to work in collaboration towards the benefit of all parties. It also gives the Owner the best value for their capital investment, at an accelerated pace. Integrated Project Delivery uses business structures, practices, and processes that foster collaboration and utilizes the strengths and insights of each member of the team. Beginning with the initial conceptualization, the process is fine tuned at every step resulting in the maximization of dollar value and the minimalization of conflicts leading to delays and budget overruns. Together we can encourage greater use of partnering between public and private entities," said Roslyn.
"This is a chance to stretch tax dollars to their ultimate use. New York cannot afford to miss this opportunity," noted Edward C. Farrell, Executive Director, AIANYS.
AIANYS will be submitting a written report for the commission's review soon.
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| Commission on State Asset Maximization Issues Preliminary Report
As noted above, Burt Roslyn, AIA, President-Elect, testified before the Commission. The Preliminary Report to the Governor specifically recommends that there would be cost savings if SUNY capital projects were awarded using alternative construction options. The report states, "The potential value offered by the use of contemporary construction delivery methods such as Design/Build and Construction Manager-at-Risk is cost savings and reduced project times. The commission notes the findings of a recent study that projects pursued under the Design/Build mechanism can average 12 percent time savings and 3 percent cost savings while the use of Construction Manager-at-Risk can yield 5 percent time savings and 1.5 percent cost savings."
Furthermore, as relating to school construction, the report notes, "In the case of schools, design-build procurement may be an opportunity to improve efficiency by reducing completion times, but it may not fully address the scope of problems that governments encounter in planning, financing, and operating schools. Design-build is a project delivery method that is widely used across the U.S. to deliver infrastructure in a timely, cost-effective manner by the private sector and many public sector entities, including the armed services."
AIANYS is in the forefront on this issue and will continue to work to achieve legislative success.
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| Governor Paterson's Budget Released
In his proposed budget which hikes many fees and cuts spending, Governor Paterson has proposed three items which are of particular concern to AIANYS, namely: new Wicks amendments, authorizing SUNY and CUNY to have enhanced flexibility in the areas of capital construction and procurement; and imposing civil penalties for non-certified crane operators and their employers.
Wicks Law
Earlier this year, legislation was enacted which increased the multiple bidding thresholds ($3 million in New York City, $1.5 million in Nassau, Suffolk and Westchester counties, and $500,000 for Upstate counties), provided subcontractor protections, and allowed localities to avoid the Wicks Law limitations altogether by entering into Project Labor Agreements (PLA).
Now, the Governor wants to raise the multiple bidding threshold to $10 million in New York City only, exempt all school construction from these thresholds (both NYC and the rest of the state including the NYC School Construction Fund), and remove apprenticeship requirements from the PLA provisions. In addition, the New York City School Construction Authority's Wicks exemption is extended until 2014. This Wicks "re-opener" could provide the impetus for true reform, if not repeal.
SUNY and CUNY Construction
Governor Paterson would authorize SUNY and CUNY to utilize any project delivery method, including but not limited to design, bid, build, design/build, or construction manager at risk, that will assist the fund in fulfilling its purposes. All contracts which are to be awarded pursuant to this subdivision shall be awarded by public letting or pursuant to procurement guidelines approved annually by the fund trustees.
AIANYS is encouraged that these provisions are included in the budget. They are a direct result of our recent seminar with the New York City Bar, as well as Burt Roslyn's testifying before the State Asset Maximization Commission, and reflect a willingness on the part of the administration to consider these options. We will work with the legislature to insure that design professionals are in a lead position and that these alternatives are extended to all state agenices and authorities.
Crane Operators
Currently, the Department of Labor requires crane operators outside of New York City (which has its own rigorous licensure requirements) to hold a "certificate of competence" issued by the Commissioner of Labor. However, the Commissioner has no authority to impose monetary penalties on operators who do not have a valid certificate, or employers who willfully use an uncertified crane operator.
The Governor proposes to allow the Commissioner to impose a civil penalty against a person who operates a crane without a certificate of competence issued by the Commissioner, in an amount of up to $1,000 for a first violation, up to $2,000 for a second violation and up to $3,000 for subsequent violations. Also, an employer or contractor, or their agent, who willfully allows a person to operate a crane without a certificate of competence or a license issued by the Commissioner will be subject to a civil penalty in an amount of up to $5,000 for a first violation and up to $10,000 for subsequent violations. Persons who have received two final determinations of unauthorized crane operation will be barred from applying for a certificate of competence for two years.
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AIANYS Receives Government Affairs Assistance Grant from AIA
AIA has awarded AIANYS with a $5,000 Government Affairs Assistance Grant for State Components. The AIA Government Affairs Assistance Grants program provides matching funds to state components to assist with government advocacy efforts. Projects that potentially impact public policy and/or the architecture profession in multiple states had top priority in the selection process. AIANYS will use the grant money to fund a Legislative Lobby Leadership Training Day, a full day training session broken down into three parts which will be held before Lobby Day (the date and location have not yet been determined). The 2009 Architects in Albany Lobby Day is scheduled for March 24, 2009.
The training day will include: a panel with legislators regarding what works in the art of lobbying and what suggestions they would have to make AIANYS even more effective; a Q & A on Lobbying 101 presented by the AIANYS lobbyist and then the Do's and Don't's of Lobbying where a government affairs legal expert and/or a PAC expert will discuss legal protocols that must be adhered to for lobbying to be effective.
Knowledge gained in the training would assist all of our members whenever they meet their local legislators. This will be helpful for members when they meet with legislators in their home districts as well as in Washington, DC.
AIANYS will provide updates on this program on the AIANYS website as planning proceeds.
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AIANYS and ACEC New York Join Zetlin & De Chiara in Presenting the 2009 Annual Joint Session on Current Insurance Issues
AIANYS and ACEC New York have joined with Zetlin & De Chiara in presenting the 2009 Annual Joint Session on Current Insurance Issues for Design, Construction and Development Professionals on January 15, 2009 at the McGraw-Hill Auditorium in New York City. This free, interactive and discussion-driven forum will be focused on the implications of the current recession on the insurance industry and how it will affect a firm's ability to build its projects, manage its risks and control costs.
The session will be led by Michael De Chiara, Founding Partner, Zetlin & De Chiara. Rosemary Scanlon, Associate Professor of Economics, Real Estate Institute of New York University, will discuss the economic crisis and its impact on your practice. The panel will include Kevin Collins, RPLU, Assoc. AIA, Victor O. Schinnerer; Robert Cunningham, Liberty International Underwriters; Michael Davis, Zurich North America; Dana Hughes, RPLU, A & E Specialty Lines, Beazley Group and Robert Rogers, Lexington Insurance Company.
This free program will be held from 8 AM to 10:30 AM and will include breakfast. The McGraw-Hill Auditorium is located at 1221 Avenue of the Americas (enter on 49th Street). AIA credit is pending. Click here for the registration form. Any questions, please contact Whitney Murray at Zetlin & De Chiara at 212-682-6800.
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AIANYS Offering Discounted Long-Term Care and Disability Income Insurance
In order to provide additional service to our members, our newest Allied Member New York Long-Term Care Brokers, Ltd. has agreed to offer a 10% discount on Long-Term Care Insurance premiums and a 15% discount on Disability Income Insurance premiums to AIANYS members and their immediate family members.
New York Long-Term Care Brokers, Ltd. is an independent, nationally recognized insurance intermediary specializing in Long-Term Care and Disability Income Insurance consulting and sales. For more information, call: Brian M. Johnson at 1-800-695-8224, ext. 154 or check out their website at www.nyltcb.com.
The coverage advertised complies with New York State (NYS) requirements for participation in the NYS Partnership for Long-Term Care Program (NYSPLTC). However, NYS and the NYSPLTC do not take part in specific insurer marketing plans, and do not endorse specific insurers or their policies/certificates.
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Nadel Receives AIA Kemper Award
Barbara A. Nadel, FAIA, was recently elected by the AIA Board of Directors as the 2009 recipient of the Edward C. Kemper Award. The award recognizes individuals who contribute significantly to the profession of architecture through service to the Institute.
Nadel is a two-term member of the AIA Board as regional director from AIA New York and 2001 AIA national vice president. She is the founder of Barbara Nadel Architect, an international architecture consulting firm. She is a senior advisor with the security firm Good Harbor Consulting.
Nadel is the editor of the AIA knowledge-driven Web site previously known as Soloso. She has served as a member of the AIANYS Board of Directors, AIANY regional director, chair of the AIA Academy on Architecture for Justice, chair of the AIA Academy on Architecture for Health Design Committee, and AIANY Health Facilities Committee Chair. She served on the AIA Government Affairs Advisory Committee/ArchiPAC and was named a Continuing Education Certified Auditor of AIA programs.
The Edward C. Kemper Award honors Edward C. Kemper, FAIA, who devoted nearly 35 years of his life to the Institute as executive director from 1914 to 1948. This award is conferred by the national Board of Directors on an architect member who has contributed significantly to the profession through service to the American Institute of Architects. Click here for the entire article on AIArchitect This Week.
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AIA New York Holds Presidential Inauguration
AIA New York welcomed 2009 President Sherida E. Paulsen, FAIA with an inauguration on December 11 at the Center for Architecture. This was followed by the Center's annual holiday party sponsored by IBEX Construction. Over 600 people attended these events. The ceremony featured a symbolic passing of the gavel from outgoing President, James McCullar, FAIA.
Paulsen is an award-winning partner at the firm PKSB Architects. She previously served as Commissioner of the New York City Landmarks Preservation Commission. Paulsen's presidential exhibition will be sponsored by the New York Landmarks Preservation Foundation. The exhibition will be designed to further public appreciation of New York's landmark structures and to investigate the range of new buildings reviewed by the Commission.
AIANY's theme for 2009 is "ELEVATING ARCHITECTURE/Design Literacy for All." Paulsen plans for 2009 include developing programs elevating the role of architecture in everyday life, as well as expand the Center for Architecture Foundation's arts curriculum.
Pictured (left to right): James McCullar, FAIA, Sherida Paulsen, FAIA and Edward Farrell, Executive Director at the inauguration at the Center for Architecture.
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NCARB Launches New Records Management Tool e-EVR
NCARB has launched a new records management tool called e-EVR. It is now operational for all members. The formal launch of e-EVR to the public will be on December 31, 2008. The site is accessed through My NCARB Record (which is located on www.ncarb.org, the yellow button at the top left of the main page). There is also link on the e-EVR site for help. All questions or concerns should be directed to and answered by NCARB only.
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Gypsum Association Unveils Sustainability Website
The Gypsum Association has developed a new website www.gypsumsustainability.org
that describes the sustainable characteristics of gypsum-based building materials and conveys the commitment of its members to environmentally responsible recycling, waste management and land reclamation programs.
The nine-section site, entitled "Gypsum and Sustainability," offers a brief history of the use of gypsum products dating back to ancient Egypt, describes the chemical composition of natural gypsum ore and discusses the introduction of "synthetic" gypsum as a by- product of the desulfurization of flue gasses in fossil-fueled power plants.
The website lists reasons why gypsum panels and products are environmentally preferable to other building materials, along with national organizations that have cited gypsum manufacturing facilities in North America for their environmental consciousness and safety programs.
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Rockland County Governmental Green Building Code Signed Into Law
Construction projects that involve county-owned or operated buildings and those that cost $1 million or more now must meet environmental standards to ensure they are as green as possible in Rockland County. County Executive C. Scott Vanderhoef recently signed the Rockland County Governmental Green Building Code into law, following its passage by the County Legislature.
But even before a law was in place, the county began pursuing greener buildings, according to Vanderhoef. The proposed tech building at Rockland Community College and a new county Highway Department garage were designed to be environmentally friendly. The efforts have started to pay off, with the tech building recently earning LEED silver standard certification.
County Legislator Alden Wolfe, D-Suffern, who introduced the new law along with Legislator Connie Coker, D-South Nyack, earlier this year, said it would require the county to continue to pursue the LEED silver standard for all future projects.
The previous proposal called for the law to apply to new construction projects costing $500,000 and more, and renovations costing $250,000 and more. It now sets the threshold for both types of work at $1 million or more. It continues to apply to county-owned and operated facilities.
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"There's Business out There-Can Your Firm Get It...Legally?"
Jane Myers has written an article that discusses what design firms must do now in order to survive in the current economy. Click here to read the article.
Jane M. Myers, P. C. is a law firm that represents design firms in all areas of business transactions including authorizing firms to do business in other states; sale and purchase of design firms; exit strategies for owners; formation of design firms; expanding design firm practices; shareholder, partnership and employment agreements; and negotiating commercial leases.
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2008 AIANYS Allied Members
Thank you to all of the 2008 AIANYS Allied Members. Corporate Allied Members: Badey & Watson Surveying & Engineering P.C., Ceiling Solutions, Grassi and Co., CPA's, Maxxon Corporation, MR. Shower Door, Inc., New York Long-Term Care Brokers, Ltd. Individual Allied Members: Steven R. Goldstein, Dorothy M. Harris, Robert J. Kartes, Ryan P. Lucey, Thomas M. Mullard, Scott J. Tobias Allied Membership allows corporations and individuals not otherwise eligible for AIANYS membership to participate in some services. For more information and the Allied Membership Application, go to http://www.aianys.org/membership/alliednys.pdf. |
| Happy Holidays!
Best Wishes for a Happy & Healthy Holiday Season from the Officers, Directors and Staff of AIANYS.
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