Michigan Department of Transportation (MDOT) Candidate Application for Dispute Review Board (DRB) A. Contact Information

Transcription

1 Michigan Department of Transportation (MDOT) Candidate Application for Dispute Review Board (DRB) A. Contact Information Name: Date: Address: City: State: Zip Code: Phone #: Address: B. Professional Licenses/Registrations (Please provide name/type of license, state, expiration date and number.) Name/Type of License/Registration State and Number Expiration Year C. Education/Related Training (Please list degree, college/other school and dates. Please indicate the location and date of your training.) University/College/Organization/Trade School Degree/Certificate Date/Year D. Construction Experience Summary I have construction experience working in the following capacities: Civil Engineer Architect Builder/Developer Structural Engineer Electrical Engineer Designer/Planner Geologist Land Surveyor Mechanical Engineer General Contractor Accountant Chemical Engineer Construction Manager Supplier/Manufacturer Environmental Engineer Sub/Specialty Contractor Owner Representative Landscape Architect Other (Describe) I have substantial experience in the following types of construction: Bridge (Concrete) Bridge (Steel) Buildings Earth Retaining Systems Electrical Systems Environmental Foundation Highway Landscaping Marine Mechanical Tunnel Other (Describe) E. Qualification Statement Candidates shall have substantial experience in or directly related to public agency highway and bridge construction projects with or on behalf of federal, state, or local government agencies, particularly MDOT. Experience shall be a minimum of 10 years in active involvement, supervision, or management of public agency highway and bridge construction contracts preferably with an emphasis in resolution of disputes arising out of said contracts. Lawyers, attorneys, and/or legal counsel are not permitted to be DRB candidates nor are they permitted to serve on a DRB panel in any capacity.

2 Michigan Department of Transportation (MDOT) Candidate Application for Dispute Review Board (DRB) Provide a 500 word or less statement of your qualifications that explain how you meet the aforementioned criteria: F. General Experience Summary Please provide a brief description of your experience in 25 words or less. If you are approved to be a DRB candidate, this information will be included next to your name on the Dispute Review Board Candidates List posted on MDOT s website. Description:

3 Michigan Department of Transportation (MDOT) Candidate Application for Dispute Review Board (DRB) G. DRB Experience (include past and current experience if applicable) Experience MDOT Other Public Agencies Private Construction Total # of Jobs as DRB Member # of Jobs as DRB Chair H. Conflict of Interest and Ethics Statement I will provide a conflict of interest statement and a disclosure statement describing past, present, anticipated, and planned relationships, including indirect relationships through my present employer, to other parties involved in a construction project, including but not limited to, relevant construction engineering and inspection (CEI) firms, contractors, or suppliers to the parties, parties principals, or parties counsel. Furthermore, I will disclose any close professional or personal relationships with all key members in the project. This will be completed prior to accepting a nomination to serve on a DRB panel for any construction project. I agree I do not agree I. Compensation I agree that I will be fully compensated in accordance with the terms and conditions of the contract and Dispute Review Board Agreement. This will be full compensation for on site time, review time, travel expenses, transportation, lodging, time for travel and incidentals for each day, or portion thereof that I am at an authorized DRB hearing. In addition, I will be paid the appropriate rate specified in the Dispute Review Board Agreement for additional days necessary to conduct a hearing that has been authorized. I agree I do not agree J. Professional References Provide the following information for at least two references to attest to your professional experience as depicted in this application. In addition, these references should be able to attest to your suitability to perform as a DRB member and provide additional information about you. Name: Address: Phone:

4 Michigan Department of Transportation (MDOT) Candidate Application for Dispute Review Board (DRB) Certification and Acknowledgement The information in this application is true and accurate to the best of my knowledge, information, and belief. Moreover, I acknowledge that submittal of this application is not a guarantee of work as a DRB panel member. I further acknowledge that there is a selection and approval process that must occur in order to be a part of a project specific DRB panel. (Must be checked to submit form). Signature of Applicant: Send Completed Form to: R. Jason Clark, P.E. Construction Contracts Engineer 8885 Ricks Rd PO Box Lansing, MI ClarkJ25@michigan.gov

5 CONSTRUCTION MANAGEMENT SPECIALTIES, INC.: A CLAIMS AND DISPUTE CONSULTANT CONSULTANT PROFILE Andrew A. Goldsmith, CSI CCCA, CFCC HISTORY AND EXPERIENCE: Andrew Goldsmith is founder and president of Construction Management Specialties, Inc. He has been a resident of San Antonio since Since the conception of the company, he has handled over 100 million dollars worth of construction claims in over 200 separate cases in the last twenty-two years. He has extensive experience in Dispute Resolution. He also has experience as an expert witness in construction cases, and has given extensive litigation support. His experience includes the following aspects. He is a construction consultant with thirty-five years of construction experience. His construction experience is in management, estimating, engineering, construction methods, planning and scheduling, heavy equipment use, and general administration. He has been involved with the building of bridges, roads, drainage channels, dams, airport terminals, a powerhouse, and municipal infrastructures, utilities installation, hospitals, commercial construction. He is a successful Construction Manager. Also, Andrew has had extensive experience in taking on projects that have gone bad and has demonstrated the ability to put them back on track. He has dealt with the U.S. Corps of Engineers, the U.S. Bureau of Reclamation, and the U.S. State Department of Transportation in Texas, Arkansas, Oklahoma, Tennessee, Mississippi, Louisiana, Florida and Georgia. He has represented the Texas Attorney General in construction cases. He has dealt with various municipalities, county governments, engineering firms, and private owners. He has a strong estimating background in civil and commercial projects. He has helped and represented clients in every trade of the construction industry. He has negotiated millions of dollars in change orders, and prepared and negotiated millions of dollars in contract claims. He has a performance knowledge of the laws, codes, regulations, and standards in the construction industry and he knows what is considered acceptable construction standard of performance. He is an arbitrator, mediator and serves on Dispute Resolution Boards. Mr. Goldsmith has a BAAS with Professional Development in Interdisciplinary Management from Texas State University. Undergraduate studies were in civil engineering. He is a certified Construction Documents Technologist (CDT) and is a Certified Construction Contract Administrator (CCCA) both accredited from the Construction Specifications Institute. Mr. Goldsmith is also a Certified Forensic Claims Consultant (CFCC) issued from the Association for the Advancement of Cost Engineering (AACE) and this certification is accredited by the Council of Engineering Scientific & Specialty Boards (CESB) and the International Cost Engineering Council (ICEC). W U C onstruction 6801 Mountain Valley Ln. P.O. Box 467 Document Date: October 15, 2012 Page -1- M anagement Hackett, Arkansas Specialties, Inc. (479) Construction Management and Claims Management Consulting

6 CONSTRUCTION MANAGEMENT SPECIALTIES, INC.: A CLAIMS AND DISPUTE CONSULTANT Curriculum Vitae July, 2011 Andrew A. Goldsmith CSI, CCCA, CFCC 6801 Mountain Valley Ln. P. O. Box 467 Hackett, Arkansas Telephone: (479) Fax: (210) ! Occupation: Provide Construction Claims and Dispute Consulting, Professional Dispute Resolution Board Neutral, Contract Administration, Design-Build Contract Development, Mediation, and Arbitrator Services! Education & Training: " BAAS with Professional Development in Interdisciplinary Management from Texas State University 17 December 1994 " Pursued Civil Engineering at University of Arkansas at Fayettville & Westark Jr. College, Fort Smith Arkansas 8/71-5/74 " 40 hour Mediation Training through ADR Services International which meets the Texas Statutory Guidelines " AAA Department of Education & Training in Construction Arbitration " AAA Advanced Mediator Training - June 2012 " AAAU Arbitration Fundamentals & Best Practices - October 2012 "Dispute Resolution Board Training: 2009 Administration and Practice Workshop, 2009; Advanced Chairing Workshop, 2009; CalTrans DRB Workshop, 2009; CalTrans DRA Workshop Colorado DOT Training Workshop, " The Cambridge Institute Seminar on Construction Claims Under Texas Law 1996 " University of Texas' Construction Law Conference in 1992, 1993, 1997, 1999, 2000, 2001, 2002, 2003, 2004, & 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 " OSHA 500-Occupational Safety & Health Standards for the construction industry trained " SSPC Tutorial on Removing Hazardous Lead Paint from Industrial Structures " RS Means Construction Costs Estimating-RSMeasns Cost Data " Texas Construction Law for Engineers 12/15/2006 " Boy Scouts of America Woodbadge Trained SC418 & COPE Facilitator Trained.! Professional Certifications: " Construction Documents Technologist (CDT) from the Construction Specifications Institute (obtained 1997) " Certified Construction Contract Administrator (CCCA) from the Construction Specifications Institute (obtained 1997) "Certified Forensic Claims Consultant (CFCC) from the Association for the Advancement of Cost Engineering. Program and accredited by the Council of Engineering and Scientific Specialty Boards of the International Cost Engineering Council.(obtained September 2007)! Experience: " President/Owner of Construction Management Specialties, since 1989 " Assembled over 200 major claims " Over 40 construction disputes settlement negotiations 6801 Mountain Valley Ln. P.O. Box 467! Hackett, Arkansas 72937! (479) Page 2 of 4

7 CONSTRUCTION MANAGEMENT SPECIALTIES, INC.: A CLAIMS AND DISPUTE CONSULTANT " DRB member on DART Orange Line Light Rail Expansion $430 Million I-1&2 Project & $150 Million I-3 Project and San Antonio Water System $21 Million 8' Dia. Sewer Out Fall " Arbitrator in construction related cases " Participated in numerous meditations and mediated cases. " Taken cases before the Armed Services Board of Contract Appeals " Appointed "Special Master" expert by a Magistrate Judge to determine damages " Testified as claims expert on over 7 arbitration cases, " Testified as an construction claims expert in federal and civil trial court on over 8 cases, " Deposed over 18 times as expert " 5 years in management with a Top 200 construction company " 4 years as senior estimator for two large construction companies " In addition to the above, Mr. Goldsmith has the following Construction related experience - 3 years - materials testing and soils investigation - 3 years - concrete design and quality analysis - 9 years - construction methods, planning - 25 years - scheduling and production analysis - 3 years - surveying and project layout, - 9 years - general construction administration - 6 years - construction cost accounting - 6 years - project safety supervisor - 22 years - assembled over 200 claims " An elder of his church for 25 years. Has taught Seminary for one year. " CPR for the Professional Rescuer and Lifeguard Training from American Red Cross! Honors, Awards, and Citations: " Graduated from Texas State University Magna Cum Laude " President of San Antonio Chapter of Construction Specifications Institute " Key note speaker at the CSI South Central Region Conference for the Educational Program "Construction Contract Administration" October 1994 " Awarded the District Award of Merit by the Boy Scouts of America 1995 " Awarded the Silver Beaver by the Alamo Area Council of the Boy Scouts of America 2000.! Professional and Other Associations: " The Construction Specifications Institute " The Association for the Advancement of Cost Engineering " The Dispute Resolution Board Foundation " The Dispute Board Federation " Design-Build Institute of America " State Bar of Texas Construction Law Section Associate Member " Past member of The American Subcontractors Association " The American Arbitration Association " Past member of the Structural Steel Painting Council " Architectural Woodwork Institute 6801 Mountain Valley Ln. P.O. Box 467! Hackett, Arkansas 72937! (479) Page 3 of 4

8 CONSTRUCTION MANAGEMENT SPECIALTIES, INC.: A CLAIMS AND DISPUTE CONSULTANT Andrew Goldsmith has assembled, analyzed and/or evaluated the following types of claims: Acceleration Claims Alternate Source Claims Arbitrary and Capricious Inspection Claims As-built Schedule Assembly and/or Evaluation Cardinal Changes Compression of Work Claims Concrete Design Problem Evaluations Constructability Claims Construction Materials Evaluations Construction Costs Estimating Evaluations Construction Fraud Claims Construction Survey Errors Claims Construction Death Evaluations (Responsible Parties) Construction Law Application Analysis Contract Administration Evaluations Contract Breach Issues Contract Proposal Evaluations/Negotiations Contract/Subcontract Document Evaluation Contract Change Evaluations/Negotiations Contractual Responsibility Assessment Cost Control Management and Consulting Cost Analysis Davis Bacon Act Claims Defective Workmanship Claims Defective Materials Claims Defective Plans and/or Specifications Claims Defective Design Dispute Claims Defective Bid Claims Deficient Management Claims Delay Claim Analysis Differing Site Conditions Claims Discrimination Claims Disputed Bid Claims Disputed Additional Work Claims Disruption Claims Errors & Omissions Claims Expert Witness Report Evaluations Extended/Unabsorbed Home Office Overhead Extended Project Overhead Evaluations/Claims Extra Work Claims Geotechnical Report Evaluations Hindrances Claims Impossibility of Performance Claims Impractical Performance Claims Inefficiencies Claims Latent Deficiencies Claims Liquidated Damage Claims Manpower Analysis/Claims Manpower Shortage Claims Materials On Hand Dispute Claims Mean and Methods Control Dispute Claims Means and Methods Evaluation Out of Sequence Work Claims Over Inspection Claims Performance Design Claims Production Analysis and Consulting Project Management Training Project Recovery Evaluations Project Management Evaluations Project Site Safety Evaluations Prompt Pay Claims Quantity Changes Claims Quntum Merit Evaluations Recovery Schedules Development/Evaluations Resource Evaluations/Claims Schedule Impact Analysis and Theory Schedule Evaluations Schedule Training Short Interval Production Analysis Single Source Claims Soil Problem Evaluations Stacking of Trades Claims Suspended Work Claims Termination for Convenience/Cause Evaluation Unforseen Conditions Claims Unilateral Changes Claims Weather Impact Claims Wrongful Withhold of Payment Claims Wrongful Terminations Claims Wrongful Rejection Claims 6801 Mountain Valley Ln. P.O. Box 467! Hackett, Arkansas 72937! (479) Page 4 of 4