Transportation Construction Professional Development Week
Transportation Construction Professional Development Week June 4-6 at ARTBA’s offices in Washington, D.C.
Safety Training, Certification Preparation & Project Management Academy: June 4-5
- Addresses top five hazards—struck-by, falls, trenching, night work, and temporary traffic control—in roadway construction sites.
- Previews the Safety Certification for Transportation Project ProfessionalsTM program and offers test preparation.
- Project Management academy covers: construction documentation, client relations, and ethics and compliance programs.
11th Annual Law & Regulatory Forum: June 5-6
- Top industry lawyers will present on these hot topics: Buy America guidance and compliance, design risk, liquidated damages, Davis Bacon compliance challenges, and risk transfer and performance guarantees.
Who Should Attend:
- Project managers
- Supervisors and foremen
- Safety professionals
- In-house legal counsel or staff attorneys
- Compliance officers
- Senior level executives
Up to 16.25 Professional Development Hours (PDHs) will be available, subject to the approval of your governing state accrediting agency. Contact ARTBA’s Olena Khtei for PDH-related questions.
The 11th Annual Law & Regulatory Forum also qualifies for 9.5 hours of Continuing Legal Education (CLE) Credit in the State of Florida, 10 hours of General CLE Credit in the State of Colorado, and 8 hours of CLE Credit in the State of Pennsylvania.
Contact ARTBA’s Allison Klein with questions about the event program and sponsorship opportunities.
Safety Training, Certification Preparation & Project Management Academy 11th Annual Law & Regulatory Forum
June 4-6 in the Nation’s Capital
|Tuesday, June 4|
|8:30 - 9 a.m.||Breakfast & Welcome: ARTBA President & CEO Dave Bauer|
|9 a.m. - 2 p.m.||Putting Safety First
This interactive session identifies and addresses the top five hazards—struck-by, falls, trenching, night work, and temporary traffic control—in roadway construction sites. The ability to quickly recognize and resolve these hazards is a critical to ensuring worker and roadway user safety.
It also provides a comprehensive overview of the American National Standards Institute (ANSI)-accredited Safety Certification for Transportation Project ProfessionalsTM (SCTPP) program and explains how it will help your professional development. The SCTPP is aimed at the tens of thousands of project workers who can make a huge, industry-wide safety impact by learning core competencies necessary to identify and mitigate potentially life-threatening on-site risks. Learn more about certification blueprint and online learning center courses to help with exam prep. There will also be time for a practice exam and explanations of the correct answers.
Presenters: Brad Sant, ARTBA senior vice president, safety and education; Beth Stinson, ARTBA vice president of education operations; and Katie Chimelewski, ARTBA director of safety and certification
|12 - 12:45 p.m.||Lunch|
|2 - 2:30 p.m.||Networking Break|
|2:30 - 5 p.m.||Construction Documentation: Successfully Managing Risk & Preserving Claims
Discusses the importance of construction documentation to several aspects of contract administration. The speaker will cover effective project documentation as risk management, an overview of best practices for project documentation and controls, knowing what and when to document, and what to do when things go wrong (practice tips for preparing winning claims).
Presenter: Chris Brasco, senior partner, Watt, Tieder Hoffar & Fitzgerald
|Wednesday, June 5|
|9 - 9:30 a.m.||Breakfast|
|9:30 - 10:30 a.m.||Client Relations
Highlights tactics and best practices for working with both public officials and private sector clients.
Presenter: Ananth Prasad, president, Florida Transportation Builders’ Association, and former Florida DOT secretary
|10:30 am - 12 p.m.||Ethics & Compliance Programs
Explains what a compliance program is and why a company should have one, what the difference is between ethics and compliance, how these topics relate to the transportation construction industry, and their practical applications.
Presenter: Lorraine D’Angelo, president, LDA Compliance Consulting
|11th Annual Law & Regulatory Forum|
|12 - 1 p.m.||Opening Lunch
Keynote: ARTBA President & CEO Dave Bauer
|1 - 2 p.m.||Damages Without A Cause: Liquidated Damages Are A Penalty When Contractors Are Not Allowed to Raise Concurrent Delay as A Defense
Addresses fundamental legal principals related to the enforcement of liquidated damages provisions including the law’s evolving approach to apportioning liquidated damages assessments in the face of the owners’ concurrent delay.
Presenter: Chris Brasco, senior partner, Watt, Tieder, Hoffar & Fitzgerald
|2 - 3 p.m.||The Evolution of Design Risk on Transportation Projects
Spotlights the risk of design deficiencies under traditional project delivery systems, the Spearin Doctrine and factors affecting the ability to recover for design deficiencies.
Presenter: Brian Vella, member, Smith, Pachter, McWhorter
|3 - 4 p.m.||Managing the Use and Abuse of Prescription Drugs and Medical and Recreational Marijuana in Your Workplace
This session will cover topics and scenarios related to the successful management of situations involving prescription drugs and recreational marijuana in the workplace.
Situations covered include:
• How should you address a situation in which you believe an employee is under the influence of a legally prescribed or legally available recreational substance that could render his or her performance deficient or downright unsafe?
• When is drug testing permitted and to what extent?
• Where does a job applicant's or employee's right to privacy begin and end when it comes to drug use?
• What should a supervisor or manager do when confronting an employee suspected of having drug-related issues while also ensuring ensure compliance with the Americans with Disabilities Act ("ADA") and other laws?
Presenters: Dena Calo, Partner, Saul Ewing Arnstein & Lehr, Garry Boehlert, Partner, Saul Ewing Arnstein & Lehr
|4 - 5 p.m.||Prevailing Wage/Davis-Bacon Compliance Challenges
Illustrates how to make prevailing wage compliance easier by fostering agencies, contractors and vendors to work together. It also features case studies where cooperation would have made for better results.
Presenters: Chris Caron, regional compliance manager, Kiewit; Aliecia Taormina, director of client services, LCPTracker
|5 - 6:30 p.m.||Networking & Business Development Reception|
|Thursday, June 6|
|8 - 8:30 a.m.||Breakfast|
|8:30 - 9:30 a.m.||Compliance Trends & Best Practices
Covers The FAR–compliance requirements on federal projects and issues to consider on every project including: Disadvantaged Business Requirements (MWDBE), Safety and Anti-Corruption Laws.
Presenter: Mark Berry, partner, Peckar & Abramson
|9:30 - 10:30 a.m.||Reducing Project Risk Through Effective Use of Risk Transfer, Performance Guarantees, Surety and Insurance
Examines some of the real-world implications of appropriate risk allocation, risk minimization, insurance, performance guarantees and surety on transportation projects. It includes examples of what works and what doesn't work in terms of allocating risk in the most cost-effective manner.
Presenters: Tricia de la Peña, partner, Nossaman; Dan Knise, president & CEO, Ames & Gough Insurance/Risk Mgmt., Inc.
|10:30 - 11:30 a.m.||P3 Projects: Strategies for Creating the Concessionaire Team
Fosters a discussion on:
• The effective use of teaming agreements and joint venture agreements to define and coordinate the roles of the team’s stakeholders and what are the laws affecting enforceability of teaming agreements;
• Contract provisions to consider when forming concessionaire team; and
• Best practices in partnering once such agreements are in place.
Presenters: Lakshmi N. Williams, general counsel, Transurban North America; Jennifer A. Mahar, partner, Smith, Pachter, McWhorter PLC
Browse speaker information:
- Christopher J. Brasco, Partner at Watt, Tieder, Hoffar & Fitzgerald
- Lorraine D’Angelo, Founder & President at LDA Compliance Consulting
- Brian Vella, Member at Smith, Pachter, McWhorter PLC
- Mark Berry, Partner at Peckar & Abramson
- Patricia de la Peña, Partner at Nossaman
- Dan Knise, President & CEO at Ames & Gough
- Chris Caron, CCEP, Regional Compliance Manager at Kiewit
- Aliecia Taormina, Director of Client Services at LCPtracker
- Ananth Prasad, President at Florida Transportation Builders’ Association (FTBA)
- Lakshmi Williams, General Counsel, North America at LCPtracker
- Jennifer Mahar, Member at Smith, Pachter, McWhorter PLC
- Dena Calo, Partner at Saul Ewing Arnstein & Lehr
- Garry Boehlert, Partner at Saul Ewing Arnstein & Lehr
Christopher J. Brasco
Watt, Tieder, Hoffar & Fitzgerald
Chris Brasco’s experience includes all facets of the construction process from contract formation through the disputes process. His legal credentials are complemented by hands-on experience that includes the job site administration of a U.S. Corps of Engineer housing project in Germany, which was rescued from imminent default and successfully managed through final completion and large claim recovery. More recently, he was involved with the federal government in negotiating the successful re-procurement of mission-critical projects throughout Afghanistan and the Middle East after the program-wide default of a large government contractor. He has a family history of involvement in the construction industry that provides him with a unique perspective and the ability to handle complex issues both at the job site and in the courtroom. Chris has represented clients before national and international forums including the International Chamber of Commerce International Court of Arbitration, federal courts, state courts, boards of contract appeals and in arbitrations and mediations. He is actively involved in several trade associations and regularly lectures on issues of importance to the construction industry.
Founder & President
LDA Compliance Consulting
Lorraine is the Founder and President of LDA Compliance Consulting Inc., a full service legal and regulatory risk management compliance advisory firm specializing in solution-oriented, preventative corporate ethics and compliance program design, assessment, auditing, monitoring, investigations, education and training. She is a former C-Suite executive with proven success in leading regulatory compliance and risk management and is experienced in the function, design and implementation of “best practice” integrity programs.
Smith, Pachter, McWhorter PLC
Mr. Vella’s practice is concentrated on heavy construction and commercial construction matters. For over 30 years, Mr. Vella has represented contractors, engineers and owners in construction related disputes, including matters involving defective specifications, differing site conditions, variations in estimated quantities, design changes, constructive changes, mechanics liens, payment and performance bond disputes, contract interpretation issues, payment disputes, insurance and warranty issues; acceleration, delay, and inefficiency claims; and schedule and costs analysis of contractor claims. In addition to representing parties in litigation, arbitration and mediation, Mr. Vella counsels clients regarding contract formation and interpretation issues, and in developing strategies for risk analysis and avoidance. In matters involving construction disputes, Mr. Vella has extensive experience in factual analysis; claim organization, preparation and presentation; work with engineering and design consultants, technical experts, scheduling experts, and cost and pricing experts.
Peckar & Abramson
Mark R. Berry devotes his practice to advising and representing contractors and construction managers in all phases of construction in both the public and private sectors. Mr. Berry’s extensive experience includes risk assessment and structuring of appropriate construction delivery methods, negotiation and drafting of project documents, advising project participants during contract administration on risk management, claims, and related project issues. Throughout his career, Mr. Berry has successfully defended and prosecuted high-value claims on a broad range of domestic and international projects. These projects include major civil roadway, bridge and overpass projects throughout the Mid-Atlantic.
Patricia de la Peña
With over 20 years of experience, Patricia de la Peña has played a key role in delivering many of the largest transportation projects in Texas and the U.S through innovative methods. She assists clients in developing successful procurement strategies and documents, drafting and negotiating public-private partnership (P3) agreements and design-build contracts and handling contract administration issues. For more than a decade, Ms. de la Peña has been a key member of the legal team assisting the Texas Department of Transportation in development and implementation of the largest P3 and design-build program in the country. In addition to advising the agency on project development and implementation, she assists with contract administration issues and is helping the agency develop standardized procurement and contract documents for design-build projects.
President & CEO
Ames & Gough
Dan Knise is currently president and CEO and an equity partner of Ames & Gough. In addition to his management responsibilities, Dan devotes his time to leading Ames & Gough’s law-firm initiative, working with our larger design-firm and law-firm clients, and advising project owners on risk and insurance issues. Dan is located in our Washington, D.C., office. Dan joined Ames & Gough in 2005. Prior to that, he was working with an investment/consulting group to form new insurance entities. Notable activities included formation of Restaurant Insurance Corp., a reinsurance company and underwriting manager, and consulting services for Palmer & Cay (now Wells Fargo Insurance Services USA, Inc.). From 1998 through 2002, Dan led the region-wide effort to win the right to host the 2012 Olympic and Paralympic Games in Washington, D.C., Virginia, and Maryland.
Chris Caron, CCEP
Regional Compliance Manager
Chris Caron, Director of Diversity Contracting – Kiewit Construction, Omaha, Nebraska, manages the operations compliance program for Kiewit and works closely with the Infrastructure and Power operations teams to address regulatory and policy risks. He has worked for Kiewit for 24 years in various capacities including Compliance Director – Infrastructure, Sr. Auditor for Internal Audit, District Business Manager for the Eastern District, and District Compliance Manager for Eastern & Mass Electric Industrial Districts. He has a Business Administration degree from Georgian College and is a Certified Compliance & Ethics Professional with the Society of Corporate Compliance and Ethics.
Director of Client Services
Aliecia Taormina is the Director of Client Services for LCPtracker, a privately-held company providing cloud-based construction, prevailing wage, labor and workforce compliance solutions to government agencies, general contractors and subcontractors across the United States. She is an expert in Prevailing Wage, having previously worked for a Fortune 500 company, and is passionate about Diversity Contracting and Outreach/Community Involvement. She brings 20+ years of working experience not only in construction, but in multiple facets of business and prides herself on having received CCEP certification with the SCCE and her CCA from the ACCA.
Florida Transportation Builders’ Association (FTBA)
Ananth Prasad became president of the FTBA on Jan. 1, following a year in leadership transition following Bob Burleson’s retirement after a 30 years in the role. He previously led HNTB’s national transportation practice as a senior vice president and spent 22 years with the Florida Department of Transportation (FDOT), culminating in his tenure as secretary from 2011 through 2014. Prasad was an active member of the AASHTO-AGC-ARTBA Joint Committee and the AASHTO Subcommittee on Construction. In 2015, ARTBA recognized Prasad as a co-winner of its “P3 Entrepreneur of the Year” award.
General Counsel, North America
Williams has responsibility for managing all legal work related to Transurban’s operating assets, development efforts and M&A in North America. In addition, she oversees the risk and compliance functions for the North American business and has responsibility for all litigation. She plays a key role in structuring, negotiating and financing new project developments from project inception, proposal development and financing through delivery, launch and operations; supervises all aspects of IP portfolio and strategy as well as streamlining U.S. and Canadian corporate legal entities to optimize tax outcomes and support future development efforts; and has managerial and Board responsibilities for Transurban’s North American assets. Williams was recently awarded “Top Corporate Counsel, Washington, D.C.” and named a “Leader Among Us” by the Asian Pacific Bar association. Her legal career spans over 25 years and includes working as Deputy General Counsel at GridPoint, an energy tech company, and Deputy Counsel at MicroStrategy, a public software company.
Smith, Pachter, McWhorter PLC
Mahar has extensive experience representing general contractors, owners, and sureties in all phases of project development and construction, including contract formation, project management, and dispute resolution. Her experience includes the prosecution and defense of claims in litigation and the successful resolution of claims through various forms of ADR. She counsels clients on public-private partnership (P3) projects. Before joining Smith Pachter McWhorter, Mahar served as an Assistant Commonwealth’s Attorney for the City of Portsmouth, Virginia.
Saul Ewing Arnstein & Lehr
Dena Calo, a Partner at Saul Ewing Arnstein & Lehr, counsels companies through complex labor and employment risks that pose a threat to their reputation in the marketplace. As a seasoned HR strategist and employment lawyer, she understands employers are facing increasing scrutiny of their labor and employment policies and procedures from government regulators and employees. She advises management clients, particularly in the construction, hospitality, higher education and multifamily real estate industries on the application of employment laws to their particular business needs, the implementation of legal HR policies, and representation in litigation in courts throughout the United States when their compliance is challenged.
Saul Ewing Arnstein & Lehr
Garry Boehlert, Partner at Saul Ewing Arnstein & Lehr’s Construction Practice Group, focuses his practice on resolving claims and disputes arising from significant infrastructure projects. He regularly assists owners, contractors, sureties, specialty subcontractors and engineering/design firms with the drafting, review and negotiation of contracts and the evaluation, negotiation and litigation of claims. Garry also counsels clients on topics important to jobsite safety and regulatory compliance.
*ARTBA is not liable for any information provided by instructors or attorneys during transportation construction professional development week. This event is intended for general informational purposes only, and not as a substitute for particular advice from a qualified professional. No warranty is made regarding the event.
ARTBA thanks the following organizations for their sponsorship support of Transportation Construction Professional Development Week: