Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
This post was updated on .
FYI procity:

4. NON-DISCRIMINATION REQUIREMENTS.
To the extent required by Article 15 of the State Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, military status, age, disability, genetic predisposition or carrier status, or marital status.

Furthermore, in accordance with State Labor Law Section 220-e, if this is acontract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this Contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this Contract.

If this is a building service contract as defined in State Labor Law Section 230, then, in accordance with Section 239 thereof, the Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired
for the performance of work under this Contract. The Contractor is subject to fines of $50 per person per occurence This Document is for Informational Purposes Only

New York State Thruway Authority
Tappan Zee Hudson River Crossing Project 2 PART 1 - AGREEMENT
Contract D214134 PIN: 8TZ1.00 Appendix III – Standard Clauses
9 March 2012


It's quite obvoius you fail to comprehend contract law or the basic's here, which are also repeated within your NYCDCC Contract (CBA), so brush up.

While the fines are minimal, the penalties to the GC are severe and can lead to termination of the Contract. NYC's a melting pot  & always has been, so you better learn to get along. Besides, there are plenty of able bodied hungry men out there w/o any insourcing of labor.
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
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New York State Thruway Authority - PREVAILING WAGES SCALE TAPPAN ZEE

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union.

Union Identifiers
An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that
classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union andthe four-digit number, 0198, that follows indicates the local
union number or district council number where applicable ,i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage
determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be
July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the
rate.

Non-Union Identifiers
Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date.

Tappan Zee Hudson River Crossing Project, pg. 20
PART 1 - AGREEMENT
Contract D214134 PIN: 8TZ1.00 Appendix IV – Federal Requirements, Attachment 3
9 March 2012
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
General Decision Number: NY120020 02/17/2012 NY20
Superseded General Decision Number: NY20100021
State: New York
Construction Types: Building, Heavy, Highway and Residential
County: Rockland County in New York.
BUILDING; HEAVY; HIGHWAY; AND RESIDENTIAL CONSTRUCTION PROJECTS
(Includes single family homes and apartments up to and
including 4 stories)

a. PAID HOLIDAYS: New Year's Day, Thanksgiving Day, Memorial
Day, Independence Day, Labor Day and Good Friday, Friday
after Thanksgiving, Christmas Eve Day and New Year's Eve
----------------------------------------------------------------
BRNY0005-005 08/01/2011
...............................Rates Fringes

BRICKLAYER
BUILDING/RESIDENTIAL
CONSTRUCTION
Bricklayers, Cement
Masons, Plasterers, Stone
Masons..................... $ 38.30 25.70

HEAVY & HIGHWAY
CONSTRUCTION
Bricklayers, Cement
Masons, Plasterers, Stone
Masons, Pointers,
Caulkers & Cleaners........ $ 38.80 25.70
----------------------------------------------------------------
CARP0279-004 07/01/2011Rates Fringes
Carpenters :
Building and Heavy &
Highway Construction............... $ 32.63 30.45
Residential.............................. $ 25.00 16.40
----------------------------------------------------------------
CARP0740-001 07/01/2010
Rates Fringes
MILLWRIGHT....................... $ 46.19 44.93
----------------------------------------------------------------
CARP1456-004 01/01/2011Rates Fringes
Dock Builder & Piledrivermen
DOCK BUILDERS ....................... $ 46.21 38.36
----------------------------------------------------------------
CARP1456-005 01/01/2011
Rates Fringes
Diver Tender............................ $ 41.16 38.46
Diver....................................... $ 58.01 38.46
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
General Decision Number: NY120017 02/10/2012 NY17Superseded General Decision Number: NY20100018
State: New York
Construction Types: Building, Heavy, Highway and Residential
County: Westchester County in New York.
BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION
PROJECTS (consisting of single family homes and apartments up
to and including 4 stories), AND HEAVY AND HIGHWAY CONSTRUCTION
PROJECTS
Modification Number Publication Date
0 01/06/2012
1 01/27/2012
2 02/10/2012

BRNY0024-001 01/01/2011
Rates Fringes
BRICKLAYER
MARBLE POLISHERS............ $ 36.76 20.31
----------------------------------------------------------------
BRNY0052-001 12/06/2010
Rates Fringes
Tile Layer....................... $ 47.98 25.81
----------------------------------------------------------------
BRNY0088-001 12/06/2010
Rates Fringes
TILE FINISHER.................... $ 39.09 21.81
----------------------------------------------------------------
CARP0279-001 07/01/2011
Rates Fringes
Carpenters:
Building.................... $ 32.63 30.45
Heavy & Highway............. $ 32.63 30.45
Residential................. $ 25.00 16.40
----------------------------------------------------------------
CARP0740-001 07/01/2010
Rates Fringes
MILLWRIGHT....................... $ 46.19 44.93
----------------------------------------------------------------
CARP1456-005 01/01/2011
Rates Fringes
Diver Tender..................... $ 41.16 38.46
Diver............................ $ 58.01 38.46
----------------------------------------------------------------
CARP1456-010 10/01/2010
Rates Fringes
Dock Builder & Piledrivermen..... $ 46.74 42.37
----------------------------------------------------------------
CARP1536-001 10/01/2010
Rates Fringes

Carpenters:
TIMBERMEN................... $ 42.63 31.32
----------------------------------------------------------------
ELEC0003-003 05/05/2011
Rates Fringes

Tappan Zee Hudson River Crossing Project pg. 4
PART 1 - AGREEMENT
Contract D214134 PIN: 8TZ1.00 Appendix IV – Federal Requirements, Attachment 3
9 March 2012
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

procity
In reply to this post by Ted
when the japs first invaded the uswa when dead reagan was pres. first thing they bought out was r c a television. next thing they did was fire all the american workers and brought in jap workers. now explain your laws  again LMFAO
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
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ATTACHMENT 5 TO APPENDIX IV
AFFIRMATIVE ACTION

Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity (Executive Order 11246)

1. General.
In addition to the affirmative action requirements of the Special Provision titled "Standard Federal Equal Employment Opportunity Construction Contract Specifications" as set forth elsewhere in this proposal, the contractor’s attention is directed to the specific requirements for utilization of minorities and females as set forth below.

2. Goals.
a. Goals for minority and female participation are hereby established in accordance with 41
CFR 60-4.
b. The goals for minority and female participation expressed in percentage terms for the
contractor’s aggregate work force in each trade on all construction work in the covered area, are as follows:

Goals for minority participation in
each trade (per-cent)....22.9%

Goals for female participation in
each trade (per-cent)........6.9%


c. These goals are applicable to all the contractor’s construction work (whether or not it isFederal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Standard Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts to meet the goals.

The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

d. A contractor or subcontractor will be considered in compliance with these provisions by
participation in the Authority’s Affirmative Action Plan. Provided that each contractor or
subcontractor participating in this plan must individually comply with the equal opportunity
clause set forth in 41 CFR 60-1.4 and must make a good faith effort to achieve the goals setforth for each participating trade in the plan in which it has employees. The overall good performance of other contractors and subcontractors toward a goal in an approved plan does not excuse any covered contractor’s or subcontractor’s failure to make good faith efforts to achieve the goals contained in these provisions. Contractors or subcontractors participating in the plan must be able to demonstrate their participation and document their compliance with the provisions of this plan.

3. Subcontracting.
The contractor shall provide written notification to the Authority within ten business days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation pending concurrence of Authority in the award. The notification shall list the names, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the
geographical area in which the contract is to be performed.

4. Covered area.
As used in this special provision, and in the contract resulting from this solicitation, the geographical area covered by these goals for female participation is the State of New York. The geographical area covered by these goals for other minorities are the counties in the State of New York as indicated in Table 1.

5. Reports.
The contractor is hereby notified that it may be subject to the Office of Federal Contract Compliance Programs (OFCCP) reporting and recordkeeping requirements as provided for under Executive Order 11246 as amended. OFCCP will provide direct notice to the contractor as to the specific reporting requirements that he will be expected to fulfill.

Tappan Zee Hudson River Crossing Project , pg. 1 & 2
PART 1 - AGREEMENT
Contract D214134 PIN: 8TZ1.00 Appendix IV – Federal Requirements, Attachment 5
9 March 2012
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procity
how about a goal for the american born white man  who do you think the majority is fighting in this so called war.  you want socialism lets be be fare about it.
Ted
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
In reply to this post by procity
Your hero slick Willie signed NAFTA, 11-months after being sworn into office - after the UBCJA'S active and aggressive campaign to see him elected and after he promised all Trade Unions that he would never sign it.

NAFTA destroyed the manufacturing and industrial base of the country and again, your hero Clinton brought to you a nation of low wage, no benefit service sector jobs. Remember Ross Perot's warning....approve NAFTA and you will hear the giant sucking sound of jobs leaving the country? Save the baloney and re-writing of history for someone else. I have presented you with facts relevant to this project and if you can handle it - too bad.
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
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ARTICLE 13. LIQUIDATED DAMAGES.

TIME IS AN ESSENTIAL ELEMENT OF THE CONTRACT, AND IT IS IMPORTANT THAT THE WORK BE PURSUED VIGOROUSLY TO COMPLETION. THE PUBLIC IS SUBJECT TO DETRIMENT AND INCONVENIENCE WHEN FULL USE OF INFRASTRUCTURE CANNOT BE MADE BECAUSE OF DELAY IN COMPLETION OF THE PROJECT OR PORTION THEREOF, AND AUTHORITY IS REQUIRED TO INCUR ADDITIONAL ADMINISTRATIVE COSTS FOR MAINTENANCE, ENGINEERING AND INSPECTION WHEN COMPLETION OF THE PROJECT OR PORTION THEREOF IS DELAYED.

Design-Builder shall pay liquidated damages to compensate the Authority for detriment suffered by the Authority and the public when full use of the infrastructure cannot be made, in the amounts specified in this Article 13. Design-Builder acknowledges and agrees that the liquidated damages are intended to constitute compensation solely for Design Builder’s failure to meet the deadlines and obligations described in Articles 4.2, 4.3, 4.4 and 4.5 of this Agreement, and shall not excuse Design-Builder from liability for any other breach of Contract requirements, including any failure of the Work to conform to
applicable requirements. It is understood and agreed by Design-Builder that any liquidated damages payable in accordance with this Article 13 are in the nature of liquidated damages and not a penalty and that such sums are reasonable under the circumstances existing as of the date of execution and delivery of this Contract. Additional terms and conditions with respect to liquidated damages payable by Design-Builder are set forth in Part 2, §108-5 - Failure to Complete Work on Time and Failure to Comply with Lane Closure Restrictions.

Liquidated damages shall be assessed at the following rates:

1) $15,000 per day for failure to remove traffic from existing Tappan Zee Bridge by the Initial Traffic Relocation Deadline.

2) $100,000 per day for failure to achieve Crossing Substantial Completion and move
eastbound traffic to the final configuration within [nine months][other date specified in the
Proposal] after removal of traffic from the existing Tappan Zee Bridge by the Crossing
Completion Deadline.

3) $[TBD] per day for failure to achieve Physical Completion by the Physical Completion
Deadline.

4) $[TBD] per day for failure to achieve Final Acceptance by the Final Acceptance Deadline.

5) $500 per minute for any lane closure that provides fewer open lanes than the number
specified in “Lanes Required to be Maintained for Traffic Control” in Appendix II of this
Agreement and Part 3, Project Requirements, Section 17 – Work Zone Traffic Control and
Access.

6) An additional $1,000 per minute for any lane closure that provides fewer than three open lanes in a specified direction during periods when four open lanes in that direction are
specified in “Lanes Required to be Maintained for Traffic Control” in Appendix II of this
Agreement and Part 3, Project Requirements, Section 17 – Work Zone Traffic Control and
Access.

Liquidated damages for lane closures (items 5 and 6 above) are subject to a cap of $250,000/day.
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

procity
In reply to this post by Ted
ted    my hero slicko not mine buddy i told people for yrs to stop voting for these no good america hating politians.i didnt have a union card when slicko was pres  you union boys backed slicko even tho you knew he was gonna sign nafta and you didnt complain because your pockets were filled with money ( i got mine ) you believed him that he wasnt gonna sign it .hes a politian you know they all lie

hey im not trying to beat you down.  neither one of us are gonna win anything.  the problem isnt just union its the whole  system in our country, the rich are trying to revamp it and we dont have a say so in it .

if the forefathers were alive today what would they say
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
This post was updated on .
In reply to this post by Ted
EPA, Due Process, Private Property rights.

The Sacketts faced $75k per day in fines, or $136.2 Million dollars from this out of control Federal Agency. Fortunately in this case (unlike Kelo v. New London) the Supreme Court came back with a unanimous 9-0 decision.

full text:

http://www.supremecourt.gov/opinions/11pdf/10-1062.pdf
_____________________________________

Cite as: 566 U. S. ____ (2012) 1
ALITO, J., concurring
SUPREME COURT OF THE UNITED STATES
No. 10–1062
CHANTELL SACKETT, ET VIR, PETITIONERS v. ENVI- RONMENTAL PROTECTION AGENCY, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
[March 21, 2012]
JUSTICE ALITO, concurring.


The position taken in this case by the Federal Government—a position that the Court now squarely rejects—would have put the property rights of ordinary Americans entirely at the mercy of Environmental Protection Agency(EPA) employees.

The reach of the Clean Water Act is notoriously unclear. Any piece of land that is wet at least part of the year is in danger of being classified by EPA employees as wetlands covered by the Act, and according to the Federal Government, if property owners begin to construct a home on a lot that the agency thinks possesses the requisite wetness, the property owners are at the agency’s mercy.

The EPA may issue a compliance order demanding that the owners cease construction, engage in expensive remedial measures, and abandon any use of the property. If the owners do not do the EPA’s bidding, they may be fined up to $75,000 per day ($37,500 for violating the Act and another $37,500 for violating the compliance order). And if the owners want their day in court to show that their lot does not include covered wetlands, well, as a practical matter, that is just too bad. Until the EPA sues them, they are blocked from access to the courts, and the EPA may wait as long as it wants before deciding to sue.

By that time, the potential fines may easily have reached the

2 SACKETT v. EPA
ALITO, J., concurring

millions. In a nation that values due process, not to mention private property, such treatment is unthinkable. {contrary to Kelo v. New London}

The Court’s decision provides a modest measure of re-lief. At least, property owners like petitioners will have the right to challenge the EPA’s jurisdictional determination under the Administrative Procedure Act. But the combination of the uncertain reach of the Clean Water Act and the draconian penalties imposed for the sort of violations alleged in this case still leaves most property owners with little practical alternative but to dance to the EPA’s tune.

Real relief requires Congress to do what it should have done in the first place: provide a reasonably clear rule re-garding the reach of the Clean Water Act. When Con- gress passed the Clean Water Act in 1972, it provided that the Act covers “the waters of the United States.” 33 U. S. C. §1362(7).

But Congress did not define what it meant by “the waters of the United States”; the phrasewas not a term of art with a known meaning; and the words themselves are hopelessly indeterminate. Unsurprisingly, the EPA and the Army Corps of Engineers in- terpreted the phrase as an essentially limitless grant of authority. We rejected that boundless view, see Rapanos v. United States, 547 U. S. 715, 732–739 (2006) (plurality opinion); Solid Waste Agency of Northern Cook Cty. v. Army Corps of Engineers, 531 U. S. 159, 167–174 (2001), but the precise reach of the Act remains unclear.

For 40 years, Congress has done nothing to resolve this critical ambiguity, and the EPA has not seen fit to promulgate a rule providing a clear and sufficiently limited definition of the phrase. Instead, the agency has relied on informal guidance. But far from providing clarity and predictability, the agency’s latest informal guidance advises property owners that many jurisdictional determinations concerning wetlands can only be made on a case-by-case basis by EPA field staff. See Brief for Competitive Enterprise
Cite as: 566 U. S. ____ (2012) 3


ALITO, J., concurring
Institute as Amicus Curiae 7–13.
Allowing aggrieved property owners to sue under theAdministrative Procedure Act is better than nothing, but only clarification of the reach of the Clean Water Act canrectify the underlying problem.
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

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{BLOOMBERG}


New York Seeks $300 Million Union Savings on Tappan Zee Bridge

 By Freeman Klopott - Mar 16, 2012 4:17 PM ET
.


The New York Thruway Authority is negotiating a deal with unions aimed at saving $300 million on construction of a new Tappan Zee Bridge by including a no-strike clause and giving contractors control over work schedules.

Details of the negotiations were released today by the Thruway Authority in a request for proposals sent to four construction teams competing to win the $5.2 billion project. The teams, announced last month, include Fluor Corp. (FLR), Bechtel Group Inc., Skanska AB (SKAB) and Grupo Dragados SA (DRC).

The request is part of an accelerated construction process made possible by a so-called design-build law approved by legislators in December. It puts private companies in charge of designing and building the Hudson River crossing, rather than having the state develop the plan and put it out to bid. The law was backed by Governor Andrew Cuomo.

The deal would save $300 million by “unifying work rules, implementing a no-strike clause, providing a flexible work week, allowing the contractor to control work sequencing and operations, and other important concessions,” according to a statement on a website set up by the Thruway Authority to track the project’s progress.

Thruway Authority Executive Director Tom Madison said in a statement that the agency wants to ensure that “we maximize the public investment, provide important labor protections and serve our customers as efficiently as possible.”

Bob Walsh, business manager for the New York City Ironworkers, didn’t immediately respond to a phone call requesting comment.

Over Capacity

The three-mile-long (4.8-kilometer) Tappan Zee, which connects Rockland and Westchester counties as part of the New York State Thruway system, carries 138,000 vehicles a day, 40 percent more than its original design intended.

Final proposals for the project, which would create an estimated 45,000 jobs, will be submitted in June, and the winning group will be announced in the following two months, Cuomo said last month.

The state has applied for a $2 billion loan under the Transportation Infrastructure Finance and Innovation Act to help pay for new bridge and is considering issuing toll-backed bonds and private financing to cover the rest.

New York’s project is one of 26 seeking a total of $13 billion in Tifia loans, the U.S. Transportation Department said in a statement e-mailed Feb. 15. The program has about $1.1 billion available, and New York is asking that its $2 billion be spread out over several years.

To contact the reporter on this story: Freeman Klopott in Albany, New York, at fklopott@bloomberg.net

To contact the editor responsible for this story: Mark Tannenbaum at mtannen@bloomberg.net
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
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http://www.thenewtzb.ny.gov/news/index.html

REPLACING THE TAPPAN ZEE - LATEST NEWS:

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Columbia River Bridge Design Doesn't Measure Up to Coast Guard Standard
 

{enrconstruction.com}

03/26/2012
 By Tim Newcomb
Text size: A A

When the U.S. Coast Guard questioned a request for a Section 9 bridge permit for the $3.5-billion Columbia River Crossing project—a proposed 10-lane Interstate 5 bridge connecting Portland, Ore., to Vancouver, Wash.—CRC officials were surprised that years of planning needed to be revisited.

For a project already plagued by multiple design-review delays, the CRC obtained on Dec. 7, 2011, a federal record of decision, an OK to start the permitting process. In March, the Coast Guard told CRC officials that 95 ft of vertical clearance was inadequate between the river and the bridge. CRC officials had used that figure since 2005, knowing then that 80 ft serves most users, though at least seven users require 125 ft. The current bridge's lift span offers 179 ft of clearance; the upstream I-205 bridge provides 144 ft.

In a letter to state officials, CRC Director Nancy Boyd said she is "extremely concerned … since the project has acted on the 95-ft bridge clearance criteria in good faith since 2005." CRC officials tried to obtain written concurrence for the 95-ft height, but the Coast Guard wouldn't act without a bridge application. The Coast Guard had a dozen opportunities to provide feedback since 2005, noted Boyd, but she admits "serious concerns were raised" in spring 2011 with a change in personnel.

A Dec. 7, 2011, Coast Guard letter to the U.S. Dept. of Transportation shows unresolved concerns, which meant the Coast Guard wouldn't accept the application.

The bridge faces height restrictions based on its proximity to two airports.

CRC officials will conduct new river usage reviews. A new draft permit likely will involve "clearance revision of several feet" and mitigation for over-height vessels. CRC says the one-year process factors into the permitting timeline, and any possible changes to design won't be known until later.
 Work is scheduled to start in late 2013.
 

Keywords:
Coast Guard;
 Columbia River Crossing;
 I-5;
 CRC;
 Bridge
 
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http://tzbksw.com/

Kiewit-Skanska-Weeks, JV, and design partners Parsons Transportation Group and Parsons Brinckerhoff, will host three Project Information Sessions to encourage and promote participation by certified Disadvantaged Business Enterprises, Small Businesses and MBE/WBE Firms in this world-class signature bridge project.

We encourage interested companies to attend this informative series of events.

Session #1: Tuesday, April 10th 2012, 4:30pm-7:00pm
Design-Build Process and Instructions to Bidders

Session #2: Tuesday, May 8th 2012, 4:30pm-7:00pm
Pre-bid Meeting and Work Opportunities

Session #3: Tuesday, June 5th 2012, 4:30pm-7:00pm
Bid Packages and Meet the KSW Team

DoubleTree by Hilton Hotel Tarrytown
455 South Broadway, Tarrytown NY 10591
Complimentary DoubleTree Shuttle Service from
Tarrytown Metro-North Railroad Station


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How Not to Build - HNTB...the Tappan Zee Bridge

Feds: Prime Contractor Supplied Staff To WBEs on Chicago Bridge Project
 {enrconstruction.com}
03/12/2012
 By Richard Korman, with Jack Buehrer
Text size: A A

Subcontracting goal program compliance on the North Avenue Bridge, shown in rendering, are the subject of a continuing federal investigation.
 
The prime contractor on a Chicago bridge project shuttled its employees to woman-owned steel and concrete subcontractors hired to comply with government hiring goal programs, and later rehired the same workers in 2006 and 2007, federal prosecutors charge.

As part of the charges made last month against Elizabeth Perino, 57, the owner of two companies accused of serving as an illegal “pass-through” to help prime contractors fulfill subcontracting requirements for woman-owned businesses (WBEs) and disadvantaged businesses (DBEs) on the North Avenue Bridge project, the U.S. attorney in Chicago amassed different types of evidence of fraud. An essential part of the alleged fraud is that Perino’s companies performed no useful commercial function.

The prime contractor was not identified in the federal charges or accused of any crime, but media reports identified the company as McHugh Construction Co. The firm allegedly sent some employees during the project to work for Perino’s companies, Perdel Contracting Corp., which specializes in concrete and carpentry, and Accurate Steel Installers Inc. (ASI). Both are based in Lockport, Ill., and both were certified as a WBE or a DBE by various government entities.

Some of the fraud occurred, say federal prosecutors, when the prime contractor actually performed the work that was to have been performed by Perino’s two companies.

McHugh had also hired Perdel for tens of millions of dollars worth of subcontracts on the Chicago Transit Authority’s  Red and Brown lines and other projects.

Checking on Child Support Deductions

In an affidavit submitted to federal court in Chicago, a Federal Bureau of Investigation agent stated that the project’s prime contractor provided ASI with a foreman, a superintendent and craft workers such as carpenters, laborers, equipment operators and oilers.

In July 2007, one Perdel employee emailed [so much for canned software & allowing the office staff access to the internet] another about arranging the payments for one of the superintendents on the project so that child support payments will automatically be deducted from his check "like he had it set up with [the prime contractor], before they made him go through Perdel for this job…”

On Aug. 14, according to the federal affidavit, a Perdel employee wrote in a business record that “as of next week, all of the carpenters and laborers, as well as an operator and oiler, will be back on [Prime Contractor A’s] payroll. Perdel will only carry and pay the finishers on the concrete pour days…[a Prime Contractor A employee] wanted the carpenters taken off last week. He wants to show different percentages to the city, and ours was way too high.”

According to the affidavit, McHugh also negotiated the sale of steel and provided information to ASI for buying the steel. However, the actual payment was made by ASI.

Subcontractors and suppliers to ASI “went directly to Prime Contractor A” with technical questions, “because ASI’s project managers did not have the ability to answer the questions,” prosecutors claim.

As evidence that the prime contractor, not ASI, was performing the work, prosecutors in the affidavit quote an email that ASI staff sent to the prime contractor asking permission for ASI to send purchase orders for the North Avenue bridge “so we can get them ready in our system. HOWEVER, WE WILL NOT SEND THEM OUT UNTIL YOU SAY IT IS OK !!!”

'No Worry About the Name Change'

In another email, a Perdel employee stated to another employee that “all this ordering of concrete must be run through Perdel for tracking purposes for the entire...job/project.” In another place, the employee wrote to a subcontractor that “we aren’t going to worry about the name change [from Prime Contractor A to Perdel Contracting] on delivery tickets. As long as the billing gets billed through Perdel.”

Perino did not return a call for comment made to her office. It is unclear whether she will dispute the charges filed against her.

The websites of Perino's companies show her to have substantial business experience, but it is not clear exactly how much hands-on heavy construction expertise she has. The Perdel website states that Perino is a registered nurse and that she worked for three years as director of materials management for the University of Chicago hospitals, where she “assisted clients with design development of the new $140-million Duchossois Center for Advanced Medicine." 

“Her vast experience in all aspects of hospital construction is an asset to any construction project, especially in health care,” according to the Perdel website. 

Neither is it clear how McHugh decided to use Perino’s companies. According to the affadavit, ASI billed McHugh by using its total material costs plus a 3% mark-up and a total labor cost plus an 8% mark-up.

McHugh Construction officials would not comment on the investigation, but a spokesman said the company considers itself an industry leader in its support for minority and women-owned firms.

“We take pride in our historical support of M/WBE firms,” he said. “We hope our track record will speak for itself and will work with any investigators to understand the complexities of the program.”



Chicago Mayor Rahm Emanuel pledged $11 million to be used to develop M/WBE programs with greater oversight. The city plans to begin enforcing strict compliance initiatives including unannounced visits to city job sites, strengthening M/WBE certification requirements and training courses for general contractors and their subs on M/WBE fraud.

Paul King, a former Chicago-area painting contractor and longtime activist for M/WBE firms and affirmative action in construction, said the city's crackdown must involve stiff penalties for any prime contractors found using pass-through companies.

“If they're using fronts, there needs to be a dollar penalty or even debarment. They have to be held accountable,” he said.

But King expressed concern that: cases like the one involving Perino will increase calls to abolish subcontracting goal program altogether.
 

Keywords:
MBE;
 WBE;
 Minorities;
 Subcontacting;
 Chicago;
 Perdel;
 Accurate Steel Installers;
 Perino;
 Fraud;
 Regulations
________________________________

The problem with the entire concept stems from the fact that Politicians routinely establish "hiring goals" for MBE, DBE, WBE Hiring which are simply not doable in the real world; yet, the same Politicians never back down or modify the so called "hiring goals" for what the area can actually support.

Moreover, they will not back down and modify the General Conditions of the Contracts to reflect the fact that no Contractor can achieve the goals unless they do exactly what was done in the instant case. You have to supply their critical project staff (their brain-trust) or they will fall on their ass, fall behind schedule & then subject the GC to liquidated damages due to incompetence, inexperience and being set loose in a pool of sharks (CM's, Owners & Inspectors) that will tear them to pieces; and, essentially bankrupt their firm. Few of these firms can survive this kind of assault and the owners and politicians all know it up front, but they set the goals too high nevertheless.

And then what have the Social Engineers accomplished?

In the case of the Tappan Zee, given the complexity of the design - this will create problems right out of the gate. Governor Cuomo and the NYSTA need to address these Goals prior to awarding the Contract; and, if necessary re-draft the General Conditions to reflect the actual demographics of the trade unions and use those figures as the basis for MBE, DBE & WBE hiring goals.

In the end, the ultimate goal of all is to employ more minorities. By constricting this to firms verses humans (which is what matters) the Project Owners, Federal Government and Governor are lowering the amount of minority participation instead of increasing it.

NY is a melting pot, so finding the skilled workers in each of the trades is the way to go, as it will save the inevitable at the end of the Project....the lawsuit which everyone knows is coming as soon as the Project starts nearing completion.
Ted
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
In reply to this post by Ted
House Passes 3-Month Transport Bill, Conference With Senate Is Next
{enrconstruction.com}

04/18/2012
 By Tom Ichniowski
Text size: A A

The House has approved a further three-month extension for highway and transit programs with a provision to clear the way for construction of the Keystone XL crude pipeline.

The bill, approved on April 18 on a 293-127 vote, will serve as a vehicle to begin negotiations with the Senate on what construction industry officials hope will be at least a moderately long-term measure.

In that House-Senate conference committee, lawmakers will attempt to reconcile differences between the newly passed three-month House measure and the $109-billion, two-year bill that the Senate approved in March.

Surface transportation programs are in no immediate danger of shutting down; they have funding through June 30, thanks to the latest of nine short-term authorizations enacted since September 2009. That ninth extension was enacted on March 30.

Senate Environment and Public Works Committee Chairman Barbara Boxer (D-Calif.) said after the House vote, “The fact that the House voted to take a step forward on a surface transportation bill is encouraging—as long as they follow through and immediately appoint conferees so that Congress can complete its work and get a bill to the President’s desk.”

House Transportation and Infrastructure Committee Chairman John Mica (R-Fla.) said, "This bill contains no tax increases, earmarks or new federal government programs, which may disappoint Democrats, but this legislation will help move the process forward in working to resolve differences with the Senate."

The just-passed House bill marks the latest shift by the chamber’s Republican leaders on the legislation. On Feb. 3, Mica's committee cleared a five-year, $260-billion highway-transit bill, which House Speaker John Boehner (R-Ohio) planned to merge with provisions aimed at increasing domestic oil and gas drilling.

But Boehner apparently was unable to round up enough votes to pass that package. He then split the legislation and the House on Feb. 16 did approve the energy provisions.

But there was no real movement on the highway-transit portion. Before the Easter-Passover congressional recess, Boehner spurned Democrats’ pleas to have the House pass the Senate’s two-year bill.

Instead, he offered—and Congress approved—the stopgap authorization that now is in effect.
 
Ted
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

Ted
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http://engel.house.gov/index.cfm?sectionid=24&itemid=3191

U.S. Congressman Eliot Engel



POLITICS ON THE HUDSON

State officials said building a new Tappan Zee Bridge took a step forward Thursday as an application for a $2 billion federal loan was put on a short list of projects.

But the new bridge didn’t win the first round of funding. The Journal News reported that the U.S. Department of Transportation said five projects had been selected to apply for Transportation Infrastructure Finance and Innovation Act program, which provides 35-year loans at low-interest rates.

New York is seeking as much as a $2 billion loan from the U.S. Department of Transportation for the roughly $5.2 billion span across the Hudson River between Rockland and Westchester counties.

State officials said the federal government recently awarded about $100 million to smaller projects across the country, but the Tappan Zee Bridge application was among six transportation projects that would get an expected review once Congress reauthorizes federal highway funding.

“We are very pleased that the Tappan Zee has been placed on a short list of six projects that will undergo an expedited review process for funds immediately after federal transportation reauthorization,” Thomas Madison, executive director of the Thruway Authority, said in a statement.

“We understand that in light of current financing constraints, the US DOT has prioritized smaller projects that are further along in development and required immediate financing in this first round.”

In October, the Obama administration named a new Tappan Zee Bridge as one of 14 projects nationwide that would receive an expedited federal review and approval.
 The Thruway Authority, which owns the current 56-year-old span, filed paperwork in December to apply for the $2 billion federal loan.

Gov. Andrew Cuomo has made a new bridge a top priority and has said the project would be funded through a combination of state, federal and private sources.

The state is hoping to start work late this summer. It estimates the bridge would be finished by 2017.

There was no immediate comment from the Federal Highway Administration on the next steps for the project’s application. State officials said they would continue to work on its full application to receive the $2 billion loan, but the application would be dependent on a funding plan agreed to by Congress.

Updated: Here’s a statement from Bill Adams, a spokesman from the U.S. Department of Transportation.
“The TIFIA loan program is an ongoing process and the Tappan Zee bridge is one of the high priority infrastructure projects from around the country that has been chosen for expedited permitting and environmental reviews. We are currently compiling a reserve list of projects, including the Tappan Zee Bridge, that will be expedited if TIFIA receives more funding, but this depends on Congress providing the money. We are hopeful that Congress will provide additional funding. We also are encouraging applicants to reapply in the fall.”
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Re: Four Teams Short-Listed for $5-Billion Tappan Zee Bridge Rebuild

procity
damn state would not need a loan if it would just stop sending money to the fed govt. why do we need to borrow our own money.wasnt a revolution fought over this issue 300 yrs ago.

looks like we need to kick the king out again. iran is a threat to us LMAO
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