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A BLUEPRINT FOR ACHIEVING

MINORITY & WOMEN-OWNED


BUSINESS 30% GOALS
MAY 2017

LOUIS J. COLETTI, PRESIDENT & CEO


ABOUT THE BTEA
Established in 1903, the Building Trades Employers Association is New Yorks
largest Contractor Association. It represents 27 individual construction contractor
associations and 1,800 construction managers, general contractors and specialty trade
subcontractors. In 2015, BTEA Member Contractors had construction revenues of
some $35 billion in commercial, residential, interior renovation, healthcare, education,
cultural, transportation, infrastructure and other projects while achieving the City's
best safety record in NYC.

THE BTEAS MISSION


The BTEA is the construction contractors unified advocate for construction safety
standards, professional development, government advocacy, public relations and
fostering communication between public officials, public and private owners, labor
and the public.

Realizing that a construction industry is essential to the vibrant future of New York
City, its activities are dedicated to a building environment meeting the highest of
environmental standards, integrity, cost efficiency, productivity and value that
contributes to improving the quality of life in New York City.

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A BLUEPRINT FOR
ACHIEVING MINORITY
& WOMEN-OWNED
BUSINESS 30% GOALS
PUBLISHER Kristine Di Napoli
Louis J. Coletti President
President KND Licensed Electrical Contracting
Building Trades Employers Association
Anne Rascon
Principal
Rascon Associates, LLC

Denise Richardson
CONTRIBUTING EDITORS
Executive Director
Richard Armellino
General Contractors Association of NY
CFO & COO
Megrant Corporation Arthur Rubenstein
President
Dr. Thomas Boston Skyline Steel Corporation
CEO Subcontractors Trade Association
EuQuant Analytics
Bruce Ruinsky
Cesar Cardenas Executive Director
ESQ Association of Master Painters & Decorators
Pitta & Giblin, LLP
William Shuzman
Steven M. Charney, Esq. Executive Director
Chairman Allied Building & Metal Industries
Peckar & Abramson, PC
General Counsel Sylvia Strauss Figueroa
Building Trades Employers Association Law Offices of William Rothberg
Roofing & Waterproofing
Felice Farber Contractors Association
Director
General Contractors Charles Williams
Association of NY Partner
Peckar & Abramson, PC
R.G. McGuire General Counsel
Kauff, McGuire & Margolis LLP BTEA Minority & Women-Owned Business
Contractors Association of Leadership Council
Greater New York, Inc.

Aislinn McGuire
Kauff, McGuire & Margolis LLP
Contractors Association of
Greater New York, Inc.

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BUILDING TRADES
EMPLOYERS
ASSOCIATION
MINORITY &
WOMEN BUSINESS
LEADERSHIP COUNCIL

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THE BTEA MINORITY & WOMEN-OWNED
BUSINESS LEADERSHIP COUNCIL
CO-CHAIRPERSONS MEMBERS
Stephanie Burns Gina Addeo Prakash Kapadia
Turner Construction Company ADCO Electric Kanta Electric

Christine Donaldson-Boccia Clifford Aikens Hank Kita


JD Traditional Industries Cauldwell Wingate Subcontractors Trade Association

Paul Vieria Richard Armellino Carol Kleinberg


IDL Communications & Electric Megrant Corporation Kleinberg Electric
Lisa Canty Donna Licciardi
Andis Woodlief Kleinknecht Electric Skanska USA
Lendlease U.S. Construction
Paul Crilly Edwin Lopez
Structure Tone, Inc. National Electrical Contractors
Association,
HONORARY Krissy DeNapoli
New York Chapter
KND Electric
CO-CHAIRPERSON Aislin McGuire
Linda Christensen-Sjogren Nancy-Jean DeNapoli
Contractors Association of Greater
LendLease U.S. Construction KND Electric
New York
Lorraine DAngelo
R.G. McGuire
LDA Compliance Consulting
Contractors Association of Greater
GENERAL COUNSEL
John Dillon New York
Charles Williams III
Five Star Electric
Peckar & Abramson Cheryl McKissack
General Counsel Tim Dillon McKissack & McKissack
Hunter Roberts Construction Group
Jasmine Mirian
Jeff Elmer Megrant Corporation
Association of Electrical Contractors
Suzanne Miritello
Felice Farber Skanska USA Civil NE
General Contractors Association
Craig Noller
Anthony Florez Building Contractors Association
Sirina Fire
Rachel Nunez
Victor Gany Nunez Electric
Center Sheet Metal
Flora Ramos
James Giorgio Tishman Construction
B & G Industries
Denise Richardson
Geri Gregor General Contractors Association
Grassi & Associates
Veronica Rose
Steven Goldstein Aurora Electric
Grassi & Associates
Michael Russo
Maureen Henegan Fresh Meadow Mechanical
Henegan Construction Corporation

Lisa Howlett
Hunter Roberts Construction Group

Bernadette Jeronimo
JCF Electric

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WHEN GOALS CANT BE
REACHED, DONT ADJUST
THE GOALS, ADJUST THE
ACTION STEPS.
-Confucius (500 B.C.)

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INTRODUCTION
When the Building Trades Employers Association looks at New York Citys growing
skyline and infrastructure- it sees more than just concrete, steel glass and bricks. It
sees business opportunities, tax revenues, jobs and an improved quality of life.

The Building Trades Employers Association has long supported efforts to grow
Minority/Women Owned businesses. A 2007 BTEA report "A Blueprint For The
Successful Growth of Minority & Women-Owned Construction Companies", identified
many of the obstacles M/WBE companies face including recommendations for
change. Ten years later, many of those same obstacles exist, and too few of those
recommendations were adopted.

Construction is a high-risk business. According to data from Dun & Bradstreet, since
1988, construction businesses failed at a higher rate than any other business enterprise
in any sector of the U.S. economy. US Census Bureau data shows that six (6) of every
ten (10) construction companies fail within five years of their establishment.

Public Policies that were developed to increase business opportunities for minority
and womenowned businesses have been in place for over 30 years. Despite decades
of well-intentioned programs, too few M/WBE businesses have benefited.

In an effort to accelerate the development of Minority and Women Owned Contractors


to grow and thrive, the Building Trades Employers Association commissioned two (2)
reports designed to address the need to increase the capacity of M/WBE contractors
to successfully compete for contract awards.

1 A Groundbreaking, and first of its kind in the Nation M/WBE Capacity Study
based on NYC contract award data from 2012-2015, conducted by Dr. Thomas
Boston, President, EuQuant Economic Research;

2 T his Public Policy paper, which includes recommendations to expand the capacity
of M/WBE Contractors to compete for contracts and grow their businesses;

The BTEA commissioned these 2 reports in the hope they will serve as a catalyst to
bring together NYC and NYS public policy leaders, M/WBE Advocates and contractors
and BTEA Contractors to affect the changes, necessary in order to achieve a 30% goal.

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EXECUTIVE
SUMMARY
MAJOR CONCLUSIONS

1 M /WBE companies continue to lack access to the financing and bonding


needed to increase their capacity to grow;

2 T he unavailability and/or high cost of general liability insurance remains


a significant obstacle to increasing the capacity and growth of M/WBE
contractors;

3 P ersonal Net Worth Limitations place a ceiling on M/WBE Contractors' ability


to increase the capacity and growth of their companies;

4 C urrently, there are legal limitations on the ability of prime contractors to


provide technical assistance and mentoring;

5 T he City and State M/WBE Certification Processes are overly bureaucratic,


fragmented and lack the financial resources necessary for public agencies to
effectively carry out their legal responsibilities to:
1) certify 51% ownership in M/WBE firms and
2) ensure certified M/WBE companies can provide a "Commercially
Useful Function".

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CORE PRINCIPALS OF STUDY:

PRINCIPAL 1
TO OFFER EFFECTIVE, CAPACITY BUILDING PROGRAMS TO
OVERCOME HISTORICAL OBSTACLES TO BUILDING
M/WBE CAPACITY.

PRINCIPAL 2
TO CREATE A STREAMLINED AND FUNCTIONAL M/WBE
CERTIFICATION PROCESS THAT PROVIDES THE INFORMATION
RELEVANT TO THE M/WBE FIRMS ABILITY TO PERFORM SPECIFIC
TYPES AND SIZE OF CONTRACTS

RECOMMENDATIONS

1 Increase Financial Assistance and Working Capital for M/WBEs.


2 Improve Public Agency Payment and Change Order Processes.
3 A dopt Legislation to Require all NYC and NYS Public Agencies and Authorities
to Establish Small Business Programs for Contracts Up to $400,000 and to
Waive Bonding for Those Projects.

4 E stablish a New York State General Liability Insurance fund for small and
M/WBE Companies.

5 E liminate The Threshold of Personal Financial Net Worth and Other Financial
Limitations of M/WBEs.

6 E xpand Technical Assistance and Mentorship for M/WBEs And Increase


Funding For M/WBE Capacity Building Programs.

7 S treamline and Reform the M/WBE Certification Process And Increase


Funding For This Purpose.

8 A ll City and State Agencies Should Be Authorized to Pre-Qualify


M/WBE Contractors.

9 R eform The M/WBE Regulatory Framework.


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Expand Private Sector Contractor Participation in the development of
M/WBE policies and programs.

11 N ew York City And New York State Agencies Should Work With The BTEA
To Establish Project Labor Agreement (PLA) Educational Programs, and To
Develop Technical Support for M/WBEs Working On PLA Projects.

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CORE PRINCIPLES

PRINCIPLE 1
TO OFFER EFFECTIVE, CAPACITY BUILDING PROGRAMS TO
OVERCOME HISTORICAL OBSTACLES TO BUILDING
M/WBE CAPACITY.

WORKING CAPITAL SUPPORT


Any growing business experiences the challenge of working capital and cash flow.
Given the lag between performance of work and payment, change order procedures,
retained payments and other standard procedures, working capital and cash flow
burdens are unusually great in the construction industry. There is likely no single
factor that has contributed to the high frequency of construction company failures
more than cash flow and the lack of working capital. To increase the capacity of M/
WBE contractors ability to grow, this critical issue must be addressed.

Both NYC and NYS should be applauded for establishing financial assistance programs
that provides M/WBE companies with low interest loan opportunities to assist them
with the cash flow needed to build capacity and grow their firms.

The NYS Bridge To Success program currently invests $20 million to expand access
to short-term bridge loans for M/WBE companies who have been awarded a City or
State contract which are used as collateral for the loan.

NYC has created a City Contract Financing Loan Program which offers funds capped
at 3% APR to eligible M/WBEs for loans of up to $500,000.

While commendable, these programs are only a start. For M/WBEs to grow and
thrive, the need for capital cannot be emphasized enough and funding availability
must be greatly increased to a minimum of $100 million for each fund.

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BONDING AND GENERAL LIABILITY INSURANCE
The construction industry relies heavily on the support of the general liability
insurance and surety industries given the elevated risk of injury, property damage
and potential defaults. Insurance carriers and insurers, particularly in the state of
New York are reluctant to write policies for new companies. Emerging contractors,
including M/WBEs, are among the most vulnerable in this regard, often left without
the ability to meet surety and insurance requirements required to secure contracts.

Only after sustained performance and success are insurers willing to accept greater
exposure. As a result, the inability to secure insurance and bonding limits the contract
opportunities that M/WBEs can pursue.

Access to general liability insurance is an especially acute concern in New York State
due to the effects of Labor Law 240 (known as the Scaffold Law). That law imposes
an absolute liability standard on construction contractors. New York is the only state
in the nation that has such a standard and insurance companies continue to withdraw
from the New York market as result. Efforts to reform Labor Law 240 have been
unsuccessful for over 30 years. Consequently, it is virtually impossible for small and
M/WBE contractors 1) to obtain general liability insurance at an affordable cost or
2) to obtain it at all.

Absent a solution that facilitates insurance and bonding for M/WBEs will only
continue to place a ceiling on the growth and success of M/WBEs. Access to insurance
and bonding must be made available to M/WBEs in order to successfully deal with this
constraint.

NET WORTH LIMITATIONS


Similarly, M/WBE programs place strict limits on the personal net worth of the woman
or minority owner. While M/WBE programs are not intended to facilitate further growth
of the already affluent, overly strict net worth requirements have the effect of curbing
growth too early in the evolution of an emerging enterprise. Among other things, this
restriction limits the ability of the owner to obtain performance and payment surety
bonds, which are critical to the sustained growth of the M/WBE, because surety
companies rely on the net worth of owners as a condition to providing such bonds.

TECHNICAL ASSISTANCE AND MENTORING


Particularly during the formative and growth years of a construction company,
external technical assistance and mentorship by those experienced in the industry
is invaluable. Nearly every successful contractor speaks of how another contractor,
often a prime contractor, has provided critical support or assistance at a pivotal
time in their companys history. M/WBEs are surely no exception and programs that
facilitate such support of M/WBEs must be expanded.

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The NYC School Construction Authority (SCA) and, more recently, the Metropolitan
Transportation Authority (MTA) and the Port Authority of NY and NJ, are models of
successful technical assistance programs that should be expanded and offered by
every city and state agency.

The SCA and MTA maintain (and pay for) construction service companies and
industry-related professionals, such as construction managers, construction lawyers
and construction accountants, to assist M/WBEs when it is necessary to ensure the
successful completion of a project they are building.

When a prime contractor becomes aware that an M/WBE subcontractor is


experiencing problems in performing the work, they notify a designated
representative of the agency. In turn, the agency selects a professional to provide
the appropriate technical assistance directly to the M/WBE firm to assist them
successfully complete the job. This is done under a separate contract directly with
the agency, independent from the contract of the prime contractor (thereby avoiding
concerns regarding potential criminal/civil sanctions that are addressed later in this
report).

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The Port Authoritys Mentor Program establishes three tiers of contract thresholds
based on their capacity to do work. M/WBEs then proceed through a series of ten
construction courses taught by volunteers from the construction industry and related
professions.

The Port Authority Mentor also provides a live project on which M/WBEs work, but
not under the direct supervision of the prime contractor that is building the project
for the agency. Mentors then review the M/WBEs progress in the field over a period
of time that could take up to four years to complete. This program has a high success
rate of M/WBE firms in both completing the Mentorship Program and increasing the
size of contracts firms can perform as a result of this training.

Beyond agency sponsored contractors' training and mentorship programs, the most
timely and effective support for M/WBE contractors could come from the prime
contractor that hired the M/WBE for a project they are preforming. Prime contractors
are precluded from providing technical assistance to a M/WBE contractor on a project
where there is a direct contractual relationship.

Under applicable city and state law an M/WBE must be able to perform a
Commercially Useful Function. Law enforcement officials have interpreted the
Commercially Useful Function standard to mean any assistance, even such as a
prime contractor's on-site mechanic fixing an M/WBEs equipment as a violation of
that standard.

Consequently, M/WBEs not only face the substantial, yet common, challenges of
developing a construction business, but face the deficit of essentially being precluded
from receiving any technical assistance from prime contractors. M/WBEs do not benefit
from the support and assistance of the prime contractor that is in the best position
to understand the needs of the M/WBE and provide timely and effective support and
assistance. Alternative technical assistance and mentoring programs, or a means of
permitting prime contractor assistance, are essential to address this critical deficit

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PRINCIPLE 2
CREATE A STREAMLINED AND FUNCTIONAL M/WBE
CERTIFICATION PROCESS THAT PROVIDES THE INFORMATION
RELEVANT TO THE M/WBE FIRMS ABILITY TO PERFORM
SPECIFIC TYPES AND SIZE OF CONTRACTS

Central to advancing the interests of M/WBEs is the ability to identify certified and
qualified M/WBEs, including the specific type and the capacity of work that the M/
WBE can perform. Existing certification databases, however, offer little information
that aids in advancing that effort. Far too often existing certification databases
provide incomplete, inaccurate or otherwise misleading information.

There is a significant lack of financial resources allocated to the New York


City Department of Small Business Services and New York State Empire State
Development Corporation to fulfill their responsibility in certifying the capacity of M/
WBE Contractors to compete for contracts with the 95 New York State agencies and
authorities and 34 city agencies responsible for achieving their respective 30% M/
WBE aspirational goals.

Therefore, City and State M/WBE Certification agencies struggle to carry out their
legally mandated due diligence responsibilities to:

1 certify that Minority and Women-Owned companies are owned, controlled,


and operated by 51% minority/women business owners; and

2 verify that sufficient capacity exists among certified M/WBEs to provide a


Commercially Useful Function.

The best NYC and NYS agencies can do under existing programs and with the financial
resources they now have is to spot check or audit M/WBE firms to determine if
they meet the legal requirements for being able to provide a Commercially Useful
Function.

As a result, the Certification process does not serve the needs of any of its
constituencies:

1 M/WBEs face burdensome and voluminous paperwork requirements to certify


with multiple agencies, despite efforts to establish Uniform Applications,

2
Prime
 Contractors cannot rely upon the accuracy of the information on
certification lists to identify new qualified M/WBEs and

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3
M/WBEs expectation that the certification process will open the door to new
contract opportunities that too often fail to materialize.

The burden of certifying an M/WBE company can provide a Commercially Useful


Function has effectively been shifted to the private sector prime contracting
communitya sector that cannot be expected to have the information, training or
resources to verify full certification compliance and capacity.

Contractors are forced to conduct their own independent verification, often revealing
that the M/WBE cannot perform the specific scope of work despite having been
certified. In turn, agency lists or databases of certified M/WBEs are of limited value
to the contract community. Certification must be linked to the Commercially Useful
Function standard to ensure an M/WBE can perform the work if the public sector M/
WBE certification lists are to be an effective resource for prime contractors.

The result has been no shortage of frustration and disappointment for public agencies,
M/WBE contractors and prime contractors alike when aspirational goals for M/WBE
participation on a project fails to be achieved.

Increased funding for the full certification process would provide the following benefits:

1 
Increase the accuracy of information about M/WBE contractors;

2 Improve contract opportunities for M/WBEs;


3 Serve as a valuable source or database that can be used by prime contractors
to identify capable M/WBE contractors;

4 Facilitate the establishment of realistic goals by public agencies;


5 Reduce M/WBE fraud.
Coding Systems Used in Identifying M/WBE Companies Are Inconsistent, Problematic
and Misleading. Governmental agencies responsible for certification use coding systems
that often result in inaccurate, misleading or incomplete information about M/WBEs.

A related problem is the fact that various City and State Certification processes use
different industry coding systems. The consequence is a system that is unreliable with
information as fundamental as the specific trade or type of work and the volume of
work that the M/WBE is capable of performing. All agencies should use a common
industry coding system that clearly identifies this fundamental information in a manner
that will be useful to the prime contractors.

In her recent report Improving the Certification Process, M/WBE Businesses in


Construction, Anne Rascon, former Deputy Commissioner of the NYC Department of
Small Business Services M/WBE Certification says:

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The coding is too broad to capture important operational nuances, such as whether
the applicant has performed single family housing construction or interior
improvements for small retailers, in contrast to performing more complex work
found on public sector work projects such as the construction of public schools,
water filtration plants, roads, bridges or mass transportation infrastructure, (p.4)

Currently, M/WBE applicants select an industry standard commodity code or set of


codes categorized by industry sectors and sub areas. A commodity code assigns a
numeric value to a good or service. Such commodity code lists provide only a broad
baseline for descriptions, definitions and standards for goods and services in the
procurement process that are by no means clear indicators of the type of work that
a firm actually has the capability to perform.

The sequence triggered by current use of commodity codes is ineffective and


inefficient, as the following example reflects:

1 
The City and State use very broad industry classifications categories, rather
than more detailed categories;

2 When applying for certification, firms often check multiple industry categories,
even if they have never performed work in those categories, presumably under
the misconception that in doing so it will increase contract opportunities (for
example, an M/WBE applicant may choose from broadly descriptive codes
such as general contractor; or specialized trades described generally as
carpentry, electrical, plumbing, heating, ventilating and air conditioning;
and/or a company can provide multiple construction services);

3 By selecting either broad or multiple categories, however, no clarity is offered


regarding the specific type of work the M/WBE can actually perform - little or no
meaningful information about the M/WBEs specific capabilities are identified;

4 Because of underfunding and ill-conceived certification procedures, government


agencies responsible for certification can do little to validate whether firms can
provide a Commercially Useful Function in all the categories they select;

5 Additionally, little information is provided with regard to the size or volume


of work that the M/WBE can perform, either on an individual project or in the
aggregate.

6 As a result, prime contractors often send solicitations to firms only to learn,
after vetting, that the M/WBE does not or cannot actually perform the required
work in a particular trade.

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Current Certifications Do Not Provide Basic Information such as Licenses and
Registration. Existing certification procedures do not verify even basic information and
credentials provided by the M/WBE contractor, such as relevant licenses or registrations
required by the NYC Building Code. The recent Minority and Woman-Owned Business
Capacity Analysis Firms Certified By the City of New York, conducted by Dr. Thomas
Boston of Euquant shows:

Overall only 14.3% of the NYC certified M/WBE contractors have the
licenses/registrations that are required to obtain building permits.

Electrical Contractors
75 413 18%
Plumbing Contractors
9 184 5%
General Contractors 262 1,247 21%
Concrete Contractors
15 508 3%
Fire Suppression Contractors
5 231 2.1%

Only 3.2% of M/WBE contractors on the New York State list of certified M/WBE
contractors in 5 major construction trades have the required licensing/registration
required by the NYC Building Code:

Fire Suppression Contractors


1 459 .2%
Plumbing Contractors
2 90 1.8%
General Contractors
18 161 11%
Electrical Contractors
24 232 10%
Poured Concrete Contractors
1 476 .2%

CONSEQUENCES OF PROBLEMATIC CODING SYSTEMS


AND INADEQUATE FUNDING FOR SUCH SYSTEMS

The database of certified M/WBEs provided by governmental agencies offers little


or no utility to prime contractors. Instead of helping connect prime contractors with
appropriate M/WBE candidates, existing agency databases most often result in prime
contractors wasting time and money only to learn that the M/WBE certification and
information was misleading, incomplete or inaccurate.

Additionally, without a clear and accurate list of available and capable M/WBE firms
that can provide a Commercially Useful Function in various disciplines and capacity
levels, realistic M/WBE aspirational goals cannot be established.

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The result has been a cycle of agencies setting increasingly unrealistic M/WBE goals
based on databases that create nothing more than the illusion that M/WBEs exist in
sufficient numbers. Public counts of certified M/WBEs are essentially codifying goals
based on inaccurate and incomplete data.

Ms. Rascons report also addresses the problems in the existing coding and classification
systems that have led to confusion and contribute to an overall process that:

fails to accurately describe which M/WBE companies can operate effectively in


different sectors of the public works arena. (p.4)

Her report concludes by stating:

The failure to increase policy and resource coordination among City and State
programs and the development of a uniform commodity code system will
continue to hinder the establishment and achievement of participation goals
by city and state agencies and prime contractors over the long term. Without
a clear and accurate picture of the actual pipeline of available and capable M/
WBE firms, government agencies will face additional challenges in forecasting
agency needs and M/WBE development costs, (p.6).

A well-conceived certification process, supported by well-funded oversight by


the agencies responsible for administration of that process, would serve the public
agencies, prime contractors and, most importantly, M/WBEs, by offering a genuine
resource. The M/WBE program will only achieve success if the certification process
accurately reflects their companys ability to perform a Commercially Useful Function
in the trade in which they are certified.

The Measure of Success for Certification Agencies. The goal and measure of success
for NYC and NYS Certification agencies is currently defined by how many companies
each certifies in a given year, without regard to the accuracy or benefits afforded by
that certification. In other words, certifying more M/WBEs with incorrect or incomplete
information is regarded as a success, despite the fact that such certification does not assist
either the M/WBE in seeking contract awards or serve as an effective resource for prime
contractors looking to identify M/WBEs for potential contract awards.

A more effective measure of success would be how many of the city and state certified
M/WBE firms on their respective lists actually responded to solicitations and were
awarded contracts. It would also be valuable in determining why M/WBE firms did not
respond to solicitations or were not awarded a contract.

A well-funded and well-conceived certification process should be evaluated relative


to its contribution towards the success of contract awards, not a metric that has
limited value.

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The Manhattan District Attorney Has Reached the Same Conclusions on M/WBE
Certification. Manhattan District Attorney Cyrus R. Vance, Jr. empaneled a Grand Jury
to examine the vulnerability of M/WBE programs to fraud and abuse. On November
14, 2014, the Grand Jury released its report with recommendations proposing
administrative, executive and legislative steps to deter M/WBE fraud and improve
enforcement and prosecution efforts to those who abuse M/WBE programs and bring
them to justice.

Included in the Grand Jury report was a recommendation for:

Increased resources devoted by the certifying and contracting agencies to


oversee M/WBE programs, (p.4).

The Grand Jury report outlined the basic scrutiny that public agencies should have the
financial resources to provide in order to reduce M/WBE fraud:

The first tier of scrutiny should be through vetting of each M/WBE application
at both the certification and re-certification stages. Agencies should be given
ample personnel to conduct onsite inspection of the M/WBEs place of business,
warehouse, or storage facility to confirm the existence of a workforce, equipment
and supplies.

These measures would ensure that M/WBEs have the capacity to perform the
type of work for which they have been certified, providing prime contractors
with the confidence in the list of certified qualified M/WBEs. (p. 11)

Public agencies do not have the financial resources necessary to ensure every M/WBE
contractor on their certification list has the physical plant, experience, licensing or other
requirements that would support the performance of a Commercially Useful Function
in the industry/commodity classifications in which the firm is listed. As a result, the
certification process is limited to ownership validation, without an evaluation or the
wherewithal to perform specific types of work.

COMPLIANCE WITH CONSTITUTIONAL STANDARDS


Both New York City and New York State Agencies, in an effort to achieve their 30%
aspirational M/WBE goals, have adopted administrative provisions which could lead to
potential legal challenges if not revised.

The purpose of this section is not to advocate, condone or recommend any legal
conclusions be drawn from this case law. Rather, it is to provide information on how
legal precedent influences the analysis of M/WBE programs at the federal, state and
local level.

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The changes being advocated by the BTEA are to ensure that time, effort and resources
are focused on how to successfully implement provisions that will successfully lead to
achieving a 30% goal.

There have been far too many successful challenges when the legality and
constitutionality of M/WBE programs have gone beyond the framework of the law
such as in Atlanta, Baltimore, Chicago and Philadelphia.

Recently in New York State, the Association of General Contractors of New York State
has filed an Article 78 action against seven New York State agencies with regards to
how those agencies establish their M/WBE goals. The BTEA wants to ensure that this
does not happen and cannot jeopardize efforts to build capacity and grow M/WBE
construction companies in New York.

The landmark U.S Supreme Court decision in the City of Richmond v. J.A. Crosson, 488
U.S. 469, 493 (1989) case established that strict scrutiny will be applied to local or
state government programs that are race or gender conscious.

Continued use of such administrative policies such as liquidated damage clauses


in public sector contracts when prime contractors fail to achieve aspirational goals
after due diligence efforts to do so, and/or public agencies who give poor project
performance ratings for failure to achieve aspirational M/WBE goals are examples of
policies that too often have served as a catalyst for legal challenges. The BTEA wants
to prevent that from even being a consideration by anyone.

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RECOMMENDATIONS
FOR ACHIEVING 30%
MINORITY &
WOMEN-OWNED
BUSINESS GOALS

22
RECOMMENDATION 1
INCREASE FINANCIAL ASSISTANCE AND WORKING CAPITAL FOR
M/WBES

NYC and NYS Loan programs should be expanded by: 1) increasing the number of
private financial institutions that participate in funding the program and 2) increasing the
available funds by a minimum investment of $100 million in each of the respective loan
programs. The lack of access to capital has long been an obstacle to growing M/WBE
companies and these funds need to be increased.

Additional capital could be raised either with City pension funds and/or from private
financial institutions with which the City and State have financial accounts. Private
financial institutions should be required to invest some minimum amount in these
programs, as has been done in the Federal Community Bank Investment Fund for
Home Mortgages.

RECOMMENDATION 2
IMPROVE PUBLIC AGENCY CHANGE ORDER AND PAYMENT
PROCESSES

Among the most important reforms the City and State can adopt which would dramatically
improve the business environment for all construction companies, and in particular for
M/WBE contractors, is to improve public agency change order and payment processes.

In general, both the City and State change order approval and payment processes are
major impediments to all contractors that work for City and State public agencies, but
the challenge is especially problematic for M/WBE contractors.

Inadequate cash flow means workers do not get paid, health and welfare and pension
funds are underfunded, and suppliers and vendors needed for present and future
projects choose to no longer work for that M/WBE contractor.

Improving the business climate by addressing the delays in approving change orders
and payments to contractors would be a major step forward.

23
RECOMMENDATION 3
ADOPT LEGISLATION TO REQUIRE ALL NYC AND NYS PUBLIC
AGENCIES AND AUTHORITIES TO ESTABLISH SMALL BUSINESS
PROGRAMS FOR CONTRACTS UP TO $400,000 AND TO WAIVE
BONDING FOR THOSE PROJECTS.

All City and State agencies should be granted legislative authority to create a Small
Business Program for direct contracts, similar to what was done for the MTA in 2015 up
to a dollar amount of $400,000.

Included in the new legislation should be public agencies' authority to waive


performance bonds for projects within the small business program. The requirement
to obtain performance bonds has been a particular burden to M/WBE contractors
for decades and a significant obstacle to their growth, because too often they lack
the corporate financial capital and personal assets they need as collateral which are
necessary for surety bonding companies to issue small M/WBE firms a bond.

The MTA program, authorized by New York State law two years ago, established such
a program for small contractors, irrespective of race or gender, to compete and bid
for such contracts directly to the agency rather than through a prime contractor.
Essentially, this process allows those firms to in effect be their own prime contractor,
working directly for the agency. The MTA model can be an effective tool for increasing
and growing the capacity of M/WBEs.

The New York City School Construction Authoritys Mentoring Program is another
successful model which could be implemented in all City and State Agencies. In the
SCA Mentor Program the SCA identifies contract opportunities of $500,000 or less
in which small M/WBE contractors can bid directly to the agency, waives bonding
and offers to M/WBE firms the ability to avail themselves of independent technical
assistance paid for by the SCA when needed. The SCA also has a Graduate Mentor
program with contracts between $750,000-$1 million.

Key to both of these programs is the ability of the agencies to pre-qualify


M/WBE contractors.

Under federal law, small business set-aside programs can be established if they are
race-neutral. All City and State agencies should establish such programs and be able
to pre-qualify the M/WBE construction companies to compete for projects in their
programs.

24
RECOMMENDATION 4
ESTABLISH A NEW YORK STATE GENERAL LIABILITY INSURANCE
FUND FOR SMALL AND M/WBE COMPANIES

In order for small and M/WBE contractors to either obtain or be able to afford general
liability insurance policies they need to operate their businesses, NYS needs to establish
a General Liability Insurance Fund as the insurer of last resort.

The cost and availability of general liability insurance is and will remain a major
impediment to all contractors, but especially small and M/WBE contractors. Increasing
the availability and reducing the cost of general liability insurance would resolve a
significant obstacle to growing M/WBE companies.

Having NYS establish a General Liability Insurance Fund and offering General Liability
Insurance as the insurer of last resort for M/WBEs to obtain affordable general liability
insurance is the only option absent repeal of Labor Law 240.

RECOMMENDATION 5
ELIMINATE THE THRESHOLD OF PERSONAL FINANCIAL NET
WORTH AND OTHER FINANCIAL LIMITATIONS ON M/WBES

Net worth restrictions limit the ability of M/WBE contractors to secure bonding and
financial capital. Not only do net worth constraints effectively cap the size of the
prime contract that an M/WBE contractor can perform, M/WBEs are forced out
of relevant programs too soon in the companys evolution. In turn, an M/WBE that
is beginning to thrive is without support at perhaps the most pivotal point in the
enterprises history.

RECOMMENDATION 6
EXPAND TECHNICAL ASSISTANCE AND MENTORSHIP FOR M/WBES
AND INCREASE FUNDING FOR M/WBE CAPACITY BUILDING
PROGRAMS.

Growing M/WBEs contractors' requires technical guidance, support and assistance


as the emerging enterprises face challenges. Programs that effectively support and
mentor M/WBEs must be expanded and implemented and agency managed. In this
regard, the SCA, MTA and Port Authority mentorship and support programs should be
carefully analyzed, expanded and implemented by all agencies.
The City and State must also significantly increase M/WBE capacity building programs.

25
The Building Trades Employers Association and its members fully agree with the
recommendation included in the Black Institutes recent report Not Good Enough: The
Myth of Good Faith and Best Efforts, which says:

New York State and New York City governments must include a larger
educational component in their M/WBE assistance programs to help new
companies reduce their learning curve, (p.47).

RECOMMENDATION 7
STREAMLINE AND REFORM THE M/WBE CERTIFICATION PROCESS
AND INCREASE FUNDING FOR THIS PURPOSE.

A well-conceived certification process, with well-funded oversight from relevant


agencies, that facilitates clear and functional identification of M/WBEs and their
respective capabilities and is a basic need if M/WBE programs are going to be successful.

Such a certification process and database must be based on a redeveloped commodity


code system that provides greater clarity regarding the specific work that the
M/WBE performs. Public agencies must vet the information provided to be sure that
it is accurate and presents a clear assessment of work for which the M/WBE is capable
of performing.

The resulting system should be monitored relative to the utility it provides those who
seek to contract with M/WBEs. Additionally, the measure of success of the effort should
be tied to the results that it yields (not merely volume entered in the system). Doing so
would serve the public agencies, prime contractors and, most importantly, M/WBEs, by
offering a genuine resource.

Consideration should be given to utilizing the North American Industry Classification


System (NAICS) that was created by the federal government to classify firms into
industries according to the type of services and products they provide. The classification
code consists of six (6) digits, which not only classify a firm by its broad industry, but
also by detailed sub-industry categories. Each digit provides greater industry specificity.
For example: Construction ContractorHeavy Construction Contractor-Construction
Contractor for Highways and Bridges-Steel Erection Contractor. NAICS is not without
its weaknesses and does not offer the full utility that would benefit M/WBEs, however
it may serve as a reasonable starting point for further development.

At present, disparate agencies and the City and State act independently in vetting
and preparing certifications of M/WBEs, using differing codes and approaches that
offer limited utility. M/WBEs prepare volumes of paperwork for each agency and

26
27
prime contractors have no efficient means of identifying capable M/WBEs for discrete
opportunities. This recommendation envisions centralizing the process and developing
a master database that yields efficiency and valuable information for all concerned

City and State agencies and Authorities should work with prime contractors to
identify the information commonly required from subcontractors as part of the
pre-qualification process that individual companies generally perform. That information
should be included as part of the expanded and centralized database discussed in prior
recommendations in this report. Specific information should be included regarding the
volume of work that each M/WBE has the capacity to perform, both in the aggregate
and each project. Additionally, the database should be regularly updated to identify
changes and work then under contract by each M/WBE.

RECOMMENDATION 8
ADOPT LEGISLATION TO REQUIRE ALL CITY AND STATE PUBLIC
AGENCIES TO PRE-QUALIFY M/WBE CONTRACTORS.

The NYC School Construction Authority and the Port Authority of New York and
New Jersey have successfully used a pre-qualification system to ensure that all
potential contractors, including M/WBE contractors, have the experience, knowledge
and meet licensing requirements necessary to perform Commercially Useful
Function services on their projects. All City and State Agencies and Authorities
should be granted the legislative authority to establish pre-qualified lists of M/WBE
firms which then should be provided to prime contractors for contract opportunities.
The advantages of establishing such a centralized pre-qualification process for M/WBEs
include:

Reducing the time and cost to M/WBEs in preparing pre-qualification submissions


to individual prime contractors;

Reducing the time and cost to prime contractors when searching for M/WBE
firms, thus reducing the project cost to the City and State;
A bidding process that is more transparent to all parties and saves
tax payer dollars;

Establishing project goals that more accurately reflect the actual availability and
capacity of firms within the marketplace for the particular project;

Reducing or eliminating the potential for M/WBE fraud.

28
RECOMMENDATION 9
REFORM THE M/WBE REGULATORY FRAMEWORK.

The use of administrative policies such as liquidated damage clauses and poor
performance evaluations of prime contractors for their inability to achieve aspirational
M/WBE goals must be eliminated in order to protect M/WBE programs from any
potential legal challenge by anyone.

When prime contractors meet the due diligence requirements established by public
agencies in seeking to attain M/WBE aspirational goals on any project, waivers should
be automatically granted.

Establishment of administrative provisions which penalize prime contractors, and


exceed the constitutional and legal framework for M/WBE programs, have been created
because aspirational goals are not aligned with the capacity of M/WBE contractors to
perform the Commercially Useful Function required by NYC Local Law 1 and New York
State Executive Order 15-A.

RECOMMENDATION 10
EXPAND PRIVATE SECTOR CONTRACTOR PARTICIPATION
TO STRENGTHEN M/WBE PROGRAMS

While many city and state agencies may have established M/WBE Advisory Councils,
they have not effectively engaged private sector prime contractors as true partners in
this effort.

New York City and New York State, if they have M/WBE forums, should expand the
participation of private sector contractor representation in efforts to assist building
M/WBE Capacity and provide technical assistance where appropriate.

RECOMMENDATION 11
NEW YORK CITY AND NEW YORK STATE AGENCIES SHOULD WORK
WITH THE BTEA TO ESTABLISH PROJECT LABOR AGREEMENT
(PLA) EDUCATIONAL PROGRAMS AND TO DEVELOP TECHNICAL
SUPPORT FOR M/WBES WORKING ON PLA PROJECTS.

The BTEA recommends that all City and State Agencies and Authorities partner
with the BTEA to provide informational programs to review their respective Project
Labor Agreements in an effort to encourage M/WBEs to compete for Project Labor
Agreement contract opportunities.

29
New York City and New York State have some $15 20 billion of current and future
projects and contract awards with Project Labor Agreements. They include
hundreds of projects in NYCs Capital Program including a new $2.5 billion retrofit
of all NYC public buildings to become energy efficient and meet new environmental
standards, the NYC School Construction Authority, NYC Housing Authority, NYC
Build It Back, NYS Dormitory Authority, La Guardia Airport Redevelopment, Penn
Station redevelopment and Moynihan Station, Javits Center Renovation, JFK Airport
Redevelopment and most likely a new projected Delta Airlines Terminal.

NEW YORK CITYSTATE PLAS


$15-2O BILLION
12

10

0
Delta Airline Terminal

Penn Station and Moynihan Station


LaGuardia Airport Redevelopment
NYC School Construction/Authority

Building-it-Back: Hurricane Sandy


NYC Green Jobs Renovations

Dormitory Authority of NYS


NYC Housing Authority

Javitts Convention Center


NYC Public Agencies

Reconstruction

Project Labor Agreements are utilized by these Agencies because 1) they reduce
costs and save taxpayer dollars, 2) accelerate project completion schedules,
3) preserve construction quality, and 4) in NYC PLA's provisions that require the

30
recruitment of NYC residents to be enrolled into NYC Building and Construction Trades
Council Apprentice Programs creating new jobs for city residents.

Yet, according to a recent survey of NYC certified M/WBEs conducted by the General
Contractors Association:

52.6% said they would not consider working under a Project Labor Agreement.
Many cited their unwillingness to pay prevailing wages, as required by law, as
a primary reason.

These are lost opportunities for M/WBE contractors to compete for the new construction
contracts they need to grow their business.

New York State Law requires that all contractors, union and non-union alike, be
afforded the opportunity to compete and bid for construction contracts under
Project Labor Agreements.

Any contractor can be awarded a contract even though they may not be signed to a
collective bargaining agreement (CBA) with organized labor. Under a Project Labor
Agreement, a contractor has only to sign a CBA for that project and that project only,
if they are the successful bidder.

As Dr. Bostons study shows:


1 There is a lack of capacity to achieve M/WBE aspirational goals of 30%,
2 There is a lack of capacity of M/WBEs in the trades that have the
licenses/registrations required by the NYC Building Code and;
These two factors and the fact that:
3 M/WBEs are reluctant to bid $15-20 billion dollars of construction contracts
under Project Labor Agreements;
make it unlikely New York City or New York State will be able to achieve 30% M/WBE
aspirational goals.

The Building Trades Employers Association feels strongly that the reason M/WBEs
do not compete for PLA contracts is a lack of understanding about the terms and
conditions in performing the work in question for PLA projects.

For any firm, especially an M/WBE company, signing a lengthy contract with terms and
conditions that are unfamiliar can be an intimidating experience.

The BTEA, its member contractor associations and individual contractors have been
and are prepared to work with City and State Agencies working under Project Labor
Agreements to create a Technical Support Program for those M/WBE contractors to
assist them in understanding and addressing Project Labor Agreements with issues
that they may face in performing on a project.
31
BTEA OFFICERS
CO-CHAIRMAN VICE CHAIRMAN
Richard Kennedy Ralph Esposito
Skanska USA Lend Lease LMB, Inc.
Building Contractors Association Contractors Association of
Greater New York
CO-CHAIRMAN VICE CHAIRMAN
Joe Leo Victor Gany
Atlantic Contracting Center Sheet Metal, Inc.
& Specialties Sheet Metal & Air Conditioning
Insulation Contractors Contractors Assn.
Association
VICE CHAIRMAN
TREASURER Stephen Gianotti
Charles Murphy Arcadia Electrical Co., Inc.
Turner Construction Company NYC Chapter, NECA
Contractors Association of
Greater New York VICE CHAIRMAN
Arthur Rubinstein
GENERAL COUNSEL Skyline Steel Corp.
Steve M. Charney, Esq. Allied Building Metal Industries
Peckar & Abramson
Building Trades VICE CHAIRMAN
Employers Association Michael Russo
Fresh Meadow Mechanical Corp.
VICE CHAIRMAN Mechanical Contractors
Steven Alessio Association
Sweet Construction Corp.
Building Contractors Association VICE CHAIRMAN
Paul Vieira
VICE CHAIRMAN IDL Communications & Electric
Jay Badame NECA, NY Chapter
Tishman Construction Corp.
Building Contractors Association VICE CHAIRMAN
Lee Zaretzky
VICE CHAIRMAN Ronsco, Inc.
Scott Corneby Assn. of Wall-Ceiling &
Structure Tone, Inc Carpentry Industries
Building Contractors Association
PRESIDENT
VICE CHAIRMAN Louis J. Coletti
Don DeNardo Building Trades
Lend Lease LMB, Inc. Employers Association
Contractors Association of
Greater New York

VICE CHAIRMAN
Pat A. DiFilippo
Turner Construction Co.
Contractors Association of
Greater New York

32
BTEA EXECUTIVE COMMITTEE
Patrick Barrett Allan Paull
Jantile, Inc, Tishman Construction Corp.
Greater NY & NJ Tile Building Contractors Association
Contractors Association
Robert Perricone
Jake Bidosky Component Assembly Systems
Keystone Management Assn. of Wall-Ceiling &
Associates, LLC Carpentry Industries
Allied Building Metal Industries
Bert Rahm
Joseph Fitzpatrick Turner Construction Company
TDX Construction Corp. Contractors Association of
Building Contractors Association Greater New York

Larry Gillman Ralph Thompson


Skanska USA Civil Northeast Sciame Construction
General Contractors Association Building Contractors Association

Scott Haber Justin Tomasino


W & W Glass Systems KONE New York
Window & Plate Glass Metropolitan District
Dealers Assn. Elevator Manufacturers
Association
Eric Haynberg
Regal USA Concrete Peter C. Vrankovic, PE
The Cement League KSW Mechanical
Mechanical Contractors
Steven Jureller Association
Cauldwell Wingate Company, LLC
Contractors Association of Scott Wolkowitz
Greater New York Wolkow-Braker Roofing Corp.
Roofing and Water Proofing
Ark Latt Contractors Assn.
Plaza Construction Corp.
Contractors Association of Richard Wood
Greater New York Plaza Construction Corp.
Contractors Association of
Anthony Mann Greater New York
E-J Electric Installation Company
NYC Chapter, NECA PAST CHAIRMAN
David Pinter
David Meberg Zwicker Electric Co., Inc.
Consolidated Carpet NYC Chapter, NECA
Trade Workroom, Inc.
Greater NY Floor Coverers Assn.

Christopher Mills
Plaza Construction Corp.
Contractors Association of
Greater New York

33
BTEA BOARD OF GOVERNORS
ALLIED BUILDING METAL ASSOCIATION OF
INDUSTRIES WALL-CEILING &
CARPENTRY
BOARD REPRESENTATIVES INDUSTRIES OF
Jake Bidosky NEW YORK
Keystone Management
Associates, LLC BOARD REPRESENTATIVES
Phil Bonadonna
Herbert Koenig Pabco Construction Corp.
Allied Development Corporation
Robert Perricone
Arthur Rubinstein Component Assembly Systems
Skyline Steel Corp. Michael Weber
Robert Samela Island Acoustics LLC
AC Associates Lee Zaretzky
Ronsco, Inc.
ASSOCIATION DIRECTOR
William Shuzman ASSOCIATION DIRECTOR
John DeLollis
ASSOCIATION
OF ELECTRICAL BOILERMAKERS
CONTRACTORS ASSOCIATION OF
GREATER NEW YORK,
BOARD REPRESENTATIVES INC.
Carol Kleinberg
Kleinberg Electric, Inc. BOARD REPRESENTATIVES
Sam M. Mirian
John Mannino
Megrant Corp.
Up Town Electric, Inc.
Alex Samilenko ASSOCIATION DIRECTOR
Fred Gellar Electrical Inc. William Rothberg
ASSOCIATION DIRECTOR
BUILDING CONTRACTORS
Jeff Elmer ASSOCIATION
ASSOCIATION OF BOARD REPRESENTATIVES
MASTER PAINTERS & Steven Alessio
DECORATORS OF Sweet Construction Corp.
NEW YORK, INC. Jay Badame
Tishman Construction Corp.
BOARD REPRESENTATIVES
Scott Corneby
Peter Cafiero
Structure Tone, Inc.
Island Painting, Inc.
Joseph Fitzpatrick
Rad Jelcic TDX Construction Corp.
Target Painting Company
Richard A. Kennedy
ASSOCIATION DIRECTOR Skanska USA Building
Bruce Ruinsky Allan Paull
AECOM Tishman Construction
Corp.
Ralph Thompson
Sciame Construction

ASSOCIATION DIRECTOR
John OHare
34
BUILDING RESTORATION Pat Di Filippo
CONTRACTORS Turner Construction Company
ASSOCIATION, INC. Ralph Esposito
Lend Lease LMB, Inc.
BOARD REPRESENTATIVES
Steven Jureller
Roger Ennis
Cauldwell Wingate Company, LLC
Deerpath Construction Corp.
Ark Latt
Tom Hussey Plaza Construction Corp.
AM & G Waterproofing, LLC
Christopher Mills
ASSOCIATION DIRECTOR Plaza Construction Corp.
William Rothberg Charles Murphy
Turner Construction Company
BUILDING STONE AND Bert Rahm
PRECAST CONTRACTORS Turner Construction Company
ASSOCIATION
ASSOCIATION DIRECTOR
BOARD REPRESENTATIVES Raymond McGuire
Hans Lechner
Sky-Lift Corp. ELEVATOR
Lawrence Weiss MANUFACTURERS
A.J. McNulty & Company, Inc. ASSOCIATION OF
NEW YORK
THE CEMENT LEAGUE
BOARD REPRESENTATIVES
Andy Werkoven
BOARD REPRESENTATIVES
Schindler Elevator Corp.
Ron Ferrari
SBF Construction Justin Tomasino
KONE New York Metropolitan
Eric Haynberg
District
Regal USA Concrete
Eric Lee ASSOCIATION DIRECTOR
RCC Concrete Rick Amarosa
Ernesto Tersigni
Park Avenue Concrete GENERAL CONTRACTORS
Contracting Stone Setters ASSOCIATION
Association, Inc.
BOARD REPRESENTATIVES
ASSOCIATION DIRECTOR
Rick DiLouie
Michael Salgo Urban Foundation and
Engineering
CONTRACTING Larry Gillman
STONE SETTERS Skanska USA Civil Northeast, Inc.
ASSOCIATION, INC.
ASSOCIATION DIRECTOR
CONTRACTORS Denise Richardson
ASSOCIATION OF
GREATER NEW YORK

BOARD REPRESENTATIVES
Don DeNardo
Lend Lease LMB, Inc.

35
GREATER NEW YORK William McMorrow, Jr.
& NEW JERSEY TILE Phoenix Mechanical Piping, LLC
CONTRACTORS Michael Russo
ASSOCIATION Fresh Meadow Mechanical Corp.
Peter C. Vrankovic, PE
BOARD REPRESENTATIVES
KSW Mechanical, LLC
Scott Erath
Wm. Erath & Son, Inc. ASSOCIATION DIRECTOR
Patrick Barrett Tony Saporito
Jantile, Inc.
NATIONAL ELECTRICAL
GREATER NEW YORK CONTRACTORS
FLOOR COVERERS ASSOCIATION (NECA),
ASSOCIATION, INC. NEW YORK CHAPTER
BOARD REPRESENTATIVES BOARD REPRESENTATIVES
David Meberg Stephen Gianotti
Consolidated Carpet Trade Arcadia Electrical Co., Inc.
Workroom, Inc.
Anthony Mann
E-J Electric Installation
INSULATION Company
CONTRACTORS
David Pinter
ASSOCIATION OF
Zwicker Electric Co., Inc.
NEW YORK
ASSOCIATION DIRECTOR
BOARD REPRESENTATIVES
Edwin Lopez
Donald A. Donnelly, Jr.
Thomas J. Donnelly, Inc.
NEW YORK CITY
Joe Leo DEMOLITION
Atlantic Contracting Specialties, CONTRACTORS
LLC. ASSOCIATION
ASSOCIATION DIRECTOR
BOARD REPRESENTATIVES
John DeLillo Alex Concanon & Kenny
Frohlick
MECHANICAL Gateway Demo/Civil Corp.
CONTRACTORS
ASSOCIATION OF Sal Russo, Jr.
GREATER NEW YORK, Russo Development Enterprises,
INC. Inc.

ASSOCIATION DIRECTOR
BOARD REPRESENTATIVES
David Etkind
Salvatore Barbera
A.D. Winston Corp.
Anthony Bell
Martin Associates, Inc.
Timothy Bowe
ABCO Peerless Sprinkler Corp.
Kenneth Durr
Durr Mechanical Construction,
Inc.

36
PLASTERING AND SUBCONTRACTORS
SPRAY FIREPROOFING TRADE ASSOCIATION
CONTRACTORS OF
GREATER NEW YORK, BOARD REPRESENTATIVES
INC. Robert Ansbro
The New York Roofing Company
BOARD REPRESENTATIVES Patrick Gallagher
Sal Di Lorenzo Cannon Mechanical
P.A.L. Environmental Safety
Robert Weiss
Michael Patti A.J. McNulty & Co., Inc.
E. Patti & Sons
ASSOCIATION DIRECTOR
ROOFING AND Henry Kita
WATERPROOFING
CONTRACTORS THE HOISTING AND
ASSOCIATION SCAFFOLDING TRADE
ASSOCIATION, INC.
BOARD REPRESENTATIVES
Robert Ansbro BOARD REPRESENTATIVES
The New York Roofing Company
Kenneth Buettner
Scott Wolkowitz York Scaffold Equipment Corp.
Wolkow-Braker Roofing Corp.
Kevin M. OCallaghan
ASSOCIATION DIRECTOR Universal Builders Supply, Inc.
William Rothberg
WINDOW & PLATE GLASS
SHEET METAL AND ASSOCIATION OF NEW
AIR CONDITIONING YORK
CONTRACTORS
ASSOCIATION BOARD REPRESENTATIVES
Jerome Haber
BOARD REPRESENTATIVES W&W Glass, LLC
Victor Gany Scott Haber
Center Sheet Metal, Inc. W&W Glass, LLC
James Orlando
JPR Mechanical Inc. PAST CHAIRMEN
David Pinter
Robert Ansbro
The New York Roofing Company Zwicker Electric Co., Inc.
NYC Chapter, NECA
ASSOCIATION DIRECTOR
William Rothberg Michael Russo
Fresh Meadow Mechanical Corp.
STRUCTURAL STEEL Mechanical Contractors
PAINTING CONTRACTORS Association
ASSOCIATION OF NEW
YORK, INC.

BOARD REPRESENTATIVES
Kieran Ahern
Ahern Painting Contractors, Inc.
Daniel F. OConnell
Drinker Biddle & Reath LLP

ASSOCIATION DIRECTOR
Jed Coldon
37
38

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