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Qualifications-Based Selection Enforcement
The Rules of Professional Conduct now give the Tennessee Board of Architectural and Engineering Examiners the authority to enforce the provisions of the Qualifications-Based Selection law relating to providing a price when requested by local government
for public works projects. This rule went into effect in March 2013 and the Board sent Professional Engineers, Architects and local officials notice in June. At the AE Board meeting in August, a complaint filed by an architect against another architect was discussed because a price was submitted in response to a request from local government. The complaint was approved for a formal hearing. I encourage you to review the Rules of Professional Conduct, specifically 0120-02-.02 (6) on the second page for a better understanding of the requirements.
AE Board Grants
The Board is pleased to report that it has awarded grants of $250,000 to seven state-funded universities. According to the Board, these grants allow Tennessee colleges to purchase modern instructional, computer and laboratory equipment to enhance education for students in
accredited programs.
“The Board appreciates the opportunity to assist in providing state-of-the-art instructional equipment for architecture, engineering, landscape architecture, and interior design students,” said John Cothron, Executive Director of the Board of Architectural and Engineering Examiners.
Engineering schools receiving grants this year are:
• Tennessee State University – $22,553 to the College of Engineering. This grant will allow the school to purchase “intelligent classroom” equipment to enhance the learning experience for students.
• Tennessee Tech – $43,059 will enable the College of Engineering to purchase mobile learning environment and systems infrastructure
2013 October • November • December
The engineering community over the last three or four decades has suffered from a process that has commoditized our professional services. This commoditization places a value on our professional services without respect to qualifications or the actual scope of services performed. Instead, it is based on rule of thumb percentages of
construction cost for generic design or engineering services. When we go to a lawyer or doctor to agree upon a scope of professional services, they will provide a fee for the service requested. If the fee is more than we can afford, the ensuing discussion is not about billing rates or overhead costs but about scope of services to cut out.
Our profession is somewhat unique in that we have registered engineers working for the public agencies that purchase professional services from private consulting firms. Because our profession is represented on both sides of the fence it might appear that it would be easy to agree on
fee for professional services. However, many times the fee is already predetermined based on the aforementioned percentages before scope of services is ever discussed and agreed to. The registered professionals on the public side generally answer to a board or executive that is not a registered engineer. The budget for professional services has already been discussed and approved by the board or executive without an understanding of the actual scope of professional services.
This acquiescence to commoditization is a troubling aspect of our profession, because instead of architects or contractors pushing us into commoditization, we are doing it to ourselves. Once the public and private registered engineers agree upon scope, then fee determination should be a simple process of applying the manpower required to provide the professional service. The issue comes when the public registered professional begins to question billing rates, number of staff, and other fees associated with providing the services without addressing scope. If the estimated fee does not hit the percentage, then it is not acceptable.
PROFESSIONAL SERVICES OR COMMODITY
STATE ARCHITECTS’ AND ENGINEERS’ BOARD UPDATE
by Patrick Smith, PE, TSPE President
By Candy Toler, Executive Director of TSPE and ACEC of TN
continued on page 3...
continued on page 3...
INSIDE:• Annual Meeting
• TEF Luncheon
• PAC Auction
• New TSPE Members
• Member News
• Exec. Director Arcticle
• TSPE Awards & Citations
1
PresidentPatrick Smith, [email protected]
President ElectRandal Braker, [email protected]
Vice PresidentShannon Looney, [email protected]
SecretaryLes Beaver, [email protected]
TreasurerPaul Kelly, [email protected]
Past PresidentJohn (Jake) Greear, [email protected]
NSPE DelegateBrently Johnson, [email protected]
ChattanoogaMack McCarley, PE, F. NSPESandra Knight, PE, F. NSPE
KnoxvilleCraig Parker, PEAdam Byard, PE
LakewayJeff Spencer, PEJamie Carden, PE
Memphis George Holliday, PETim Herndon, PE
Nashville Janey Camp, PhD, PEKristi Schnell, PE
Tullahoma Harry Clark, PE, F. NSPEJohn McInturff, PE
Upper East Tennessee Scott Schallon, PE
2013-2014Executive Committee
2013-2014State Directors
Tennessee Engineering Center 800 Fort Negley Blvd. Nashville, TN 37203 615-242-2486 www.tnspe.org
Executive Director Candy Toler ([email protected])
Manager of Member Services / Editor Judy Logue ([email protected])
TSPE Headquarters
Chattanooga Mack McCarley, F. NSPEContact President for meeting dates [email protected]
Knoxville Robbie Cook, PEMeets for lunch on last Wednesday, [email protected] at Cappucinno’s on Kingston Pike
Lakeway Todd Robers, PEMeets for lunch on the 2nd Tuesday of the month [email protected] at Shoney’s Restaurant at Highway 92 in Dandridge
Memphis Heather Kraus, PEMeets for lunch 2nd Tuesday [email protected] Christian Brothers University
Nashville Jennifer Speich, PEMeets for lunch on last Tuesday [email protected]
at TN Engineering Center (except summer)
Tullahoma Harry Clark, PE, F. NSPEContact President for meeting dates [email protected]
Upper East Tennessee Scott P. Schallon, PEContact President for meeting dates [email protected]
2013-2014 Chapter Presidents & Meeting Information
Awards & Scholarship Jonathan Haycraft, PE
BudgetPaul Kelly, PE
Communications & Public RelationsTBA
Education Outreach TBA
Legislative & Government Affairs David Young, PE
MATHCOUNTS Jim Thweatt, PE
Meetings Randal Braker, PE
Nominating Jake Greear, PE
Policy Review Randal Braker, PE
Society Development Craig Parker, PE
2013-2014 Committee Chairs
2
PRESIDENT’S ARTICLE continued from page 1
STATE ARCHITECTS’ & ENGINEERS’ BOARD UPDATE continued from page 1
These percentages can be useful tools to aid in budgeting, but they cannot be applied in a generic sense without regard to the scope, complexity and time table of the engineering and design services being purchased.
Recently, the Architects’ and Engineers’ Board for the State of Tennessee passed a rule that reinforced T.C.A. § 12-4-106(a)(2). This portion of State law defines that professional services from an engineer must be selected by qualifications and not price for local public works projects. The new rule by the A/E Board subjects a registered engineer that knowingly violates this law to disciplinary actions. This violation can occur on the private side by submitting a fee or on the public side for soliciting for fee as part of the qualifications. When fee is already predetermined by public agencies, or at least the budgeted range, I wonder if this new rule makes any difference? Instead of taking a bid at the selection stage, we simply force rates and manpower into the fee we want. This hurts the private as well as the public professional. The executive or board receives what they think they want. They get the most qualified engineer for about the same fee that the least qualified engineer would receive. So are we providing professional services or a commodity?
CHATTANOOGA CHAPTER
Manuel Abello Tyler W. Gross Wayne K. Pruett Kenneth M. Flynn Victor E. Weddle Douglas N. Hooker, PE
KNOXVILLE CHAPTER
Paul Preston, PE George A. McGrew, III, EITDerrick A. Shaver, PE
MEMPHIS CHAPTER
Rebecca Neves Robert L. Hope Steven R. Sherwood Jr., EITJames W. Hawks, EITThomas G. Hensley Emily B. Harrell Stephanie N. Kissell Michael G. Welch Jonnye B. McElyea, EI, PEJohn C. Phillips, PE
NASHVILLE CHAPTER
Dennis Marsh, PEHarrison Lockhart, PEJames Lawrence Lee III, PESteven K. Yi, PEMonica Sparks Cromer, EITWilliam S. Hartley
NASHVILLE CHAPTER CONT.
Mary D. McFarlin Mitchell Shay Deason Joseph Haddix, PESarah E. Bishop Gregory S. Schiefer, PERobert B. Hume, PEMichael R. Porter, PEMatthew Winkler, PESayma Rahman, PE Michael N. Green, PERick R. Blackburn, PE Eric C. McElroy, PEThomas Brett
TULLAHAMA HAPTER
Adam W. CasteelDewin Stark
LAKEWAY HAPTER
Douglas G. Tarwater
STUDENT HAPTER
Kathryn MacIndoe Charles Winfield Stewart Camille Norwood Alireza Naimi Ronald L. Brooks John Robert Rose Jr.Emily Huddleston
NEW TSPE MEMBERS
studio equipment and accessories for Chemical Engineering, Civil Engineering, and Electrical and Computer Engineering.
• University of Memphis – $27,246 will be used to buy a precision impedance analyzer for the engineering program’s Bioelectronics laboratory.
• University of Tennessee-Chattanooga – the College of Engineering and Computer Science will purchase equipment to update engineering design courses with its $28,819 grant.
• University of Tennessee-Knoxville – $49,201 will fund equipment for a Thin Film and Microelectronic Fabrication Teaching Facility for the College of Engineering.
• University of Tennessee-Martin –the College of Engineering and Natural Sciences will use its grant of $19,872 to purchase laboratory equipment, including a metallurgical mounting press, a potentiostat, a box and pan sheet metal brake, and computer scales.
The Board has awarded grants amounting to over $2.2 million since the program began in 2002. The money is recommended by the Governor in
his budget proposal and appropriated by the Tennessee General Assembly from the Board’s revenues or reserve funds.
Obviously the grants support engineering schools at a time when they need it most because their general appropriations have not been increased to meet the growing technological needs. Thanks to all of the engineers licensed in Tennessee.
I have just one question . . . what is a potentiostat?
New Rule Regarding Updating Your Contact Information
The Board recently approved a revision to its rule requiring registrants to notify it of changes in name, phone number, mailing and email addresses within 30 days. This will go into effect early in 2014.
There is a veritable plethora of information on the Engineers’ and Architects’ Board website. There is information about what qualifies for professional development, new rules, and much more. I encourage you to check it out - http://tn.gov/regboards/ae/
3
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NASHVILLE
Charles Higgins, Jr., PE, has joined Littlejohn Engineering as Senior Environmental Consultant in their Nashville Office.
MEMPHIS
Bergen Merrill, who has been a TSPE member since 1973(!!), was recognized by the Engineers’ Club of Memphis with a Lifetime Achievement Award. Bergen, who retired from the University of Memphis, served as department head of physical plant and planning. Congratulations, Bergen!
KNOXVILLE
“I am more convinced than ever of the overwhelming effect that engineers have had on our modern societies,” according to TSPE Knoxville Chapter member Mark McKinney, who spent last year in Guatemala.
NSPE’s PE magazine has an interesting article on Mark’s adventure. Here is a link to the feature article on his efforts in the October issue of PE magazine http://www.nspe.org/PEmagazine/13/pe_1013_m.html
Thanks for inspiration, Mark! You’re the man!
MEMBERS NEWS
Mark McKinney connecting water tank to town.
TSPE PARTNERS
Crow Friedman Group, LLC
Lellyett & Rogers Services
Jacobs Technology
ACEC Business Insurance Trust
ACEC Life/Health Insurance Trust
AE Guidance, LLC
C*Connect
Concrete Paving Association of TN
Crom Corporation
Ryan Search & Consulting
Sherman-Dixie Concrete Industries
Smith Cashion & Orr, PLC
Tennessee Concrete Association
United Structural Systems, Inc.
TSPE representative to the NSPE House of Delegates Brent Johnson congratulates Robert Green, NSPE’s new President. TSPE
member Jim Curry added his congratulations; Jim represents the Southeast Region on the NSPE Board of Directors. NSPE’s
Annual Meeting was held in Minneapolis in July.
5
Patrick Smith, PE, Smith Seckman Reid, Inc. accepts the President’s
Gavel while Randal Braker, PE, Duck River Utility Commission looks
on enviously.
2013-2014 TSPE BOARD
(L to R) Front Row: Les Beaver, PE, Knoxville Utilities Board (Secretary); Randal Braker, PE, Duck River Utility Commission (President Elect); Patrick Smith, PE, Smith Seckman Reid, Inc.
(President); Shannon Looney, PE, Glenn E. Mitchell and Co, Inc. (Vice President); Mack McCarley, PE, Thompson Engineering, Inc. and Sandra Knight, PE, Bradley County, (Chattanooga
State Directors); Back Row: Craig Parker, PE, Gresham, Smith and Partners (Knoxville State Director); Janey Camp, PhD, PE, Vanderbilt University (Nashville State Director); Tim Herndon,
PE, City of Bartlett (Memphis State Director); Kristi Schnell, PE, Gresham, Smith and Partners (Nashville State Director); John McInturff, Aerospace Testing Alliance (Tullahoma State
Director); and Brent Johnson, City of Knoxville (NSPE House of Delegates)
Not pictured: Paul Kelly, PE, Aerospace Testing Alliance (Treasurer); Jake Greear, PE, McGill Associates (Past President); Adam Byard, PE, West Knoxville Utility District (Knoxville State
Director); Jeff Spencer, PE, Renold Jeffrey and Jamie Carden, PE, Russellville-Whitesburg Utility District (Lakeway State Directors); George Holliday, PE, Buchart-Horn, Inc. (Memphis
State Director); Harry Clark, PE, F. NSPE (Tullahoma State Director); and Scott Schallon, PE (Upper East State Director)
Mark Golden, CAE, FASAE, NSPE Executive
Director, attended the 2013 Annual Meeting
and participated in the installation of the TSPE,
ACEC of TN and ASCE, TN Section officers.
Thank you Mark!
David Brewer, PE, City of Springfield, received a
citation in appreciation for serving as Chair of the
TSPE Legislative & Government Affairs Committee
6
TSPE STATE AWARDS
Drake Danley, PE (L), accepted the Outstanding Employer of the Year Award on behalf of
Kimley-Horn and Associates, Inc. (Memphis). This award recognizes an employer that has
made outstanding contributions to the advancement and improvement of the engineering
profession through its employment policies and practices.
Jonathan Haycraft, PE (L), Gresham, Smith and Partners, was presented with the Young
Engineer Award. This award recognizes TSPE members who have made outstanding
contributions to the engineering profession and their communities during the early years of
their careers.
Ric Gibbs, PE, Thompson Engineering, Inc. (L), received the Distinguished Service Award.
This award recognizes the outstanding service of long-time TSPE members for their
exceptional technical contributions to the engineering profession and their contributions to
their communities and to the Society.
Ed McDougle, PE, Ross Bryan Associates, Inc. (Retired), was presented by Patrick Smith, PE,
TSPE President, (R) with the Outstanding Engineer of the Year Award. This award is the
highest honor given to an individual TSPE member.
7
THANK YOU TO THE 2013 EXHIBITORS
ACEC Business Insurance TrustACEC Life Health TrustACEC Retirement TrustAdvanced Drainage Systems, Inc.Belgard HardscapesBerkel & CompanyBig R BridgeCanon Solutions AmericaConcrete Paving Association of TNTN Concrete AssociationCrystal StreamCrom CorporationDesign LightDwyer CompaniesFirst Response Environmental GroupGeopier Foundation Co.Hanson Pipe & PrecastHayward BakerHiltiJacobs TechnologyLellyett & RogersLipscomb UniversityL. I. Smith & Associates, Inc.Middle TN ASHEOil Skimmers, Inc.Permatile Concrete Products Co.Rembco Geotechnical ContractorsSherman-Dixie Concrete IndustriesSubsurface ConstructorsJen-Hill ConstructionSuntree TechnologiesTennessee811TerraXplorationsTimewell Drainage Products
Thanks to the contributors to the Tennessee Professional Engineers’ Political Action Committee so far this year. It’s not too late to make a contribution. Make your check out to TPE PAC and mail it to TSPE headquarters (the address on the back page of this newsletter). You could also contribute when you renew your NSPE/TSPE membership by checking the box!
The PAC supports candidates for the Tennessee General Assembly who are sympathetic to engineering issues.
2013 TPE PAC CONTRIBUTORS
Claire BarnettSteve BosticRandal BrakerRobert CampbellAngie & Harold CannonMarilyn CoffeyRobbie CookJosh CorumEverett CowanJim CurreyDrake DanleyHouston DaughertyDale DavisDavid DonohoIan EngstromJim FloydDon FriedmanRick Gafford
Geotechnology, Inc.Wes GoodnightJake GreearDavid HarrellHelen HennonDennis HuckabaDarrell JamesBrent JohnsonJohn KennySandra KnightSteve LaneJudy LogueShannon LooneyMack McCarleyStacey MorrisDon MauldinTom NeedhamOzeransky Engineering
Craig ParkerPickering PACAndy PinkleyBob PolkGreg ReedRick SauerChuck SaundersPatrick SmithMike StomerJerry StumpMickey SullivanCandy TolerTim VernerEddie WadeDon WarringtonDan Whittliff David YatesDavid Young
THANK YOU TO THE 2013 SPONSORS
TitaniumCrow Friedman
PlatinumACEC Business Insurance Trust
GoldCH2M HillDwyer CompaniesJacobs Technology, Inc.Smith Seckman Reid, Inc.Vaughn & Melton, Inc.
SilverACEC Life Health TrustARCADISBarge Waggoner Sumner & Cannon, Inc.Belgard HardscapesLellyett & Rogers CompanyLipscomb UniversitySherman-Dixie Concrete Industries
BronzeRyan Search & ConsultingTSPE and ACEC of TN Nashville Chapters
Session SponsorsAECOMBerkel & CompanyBrown & CaldwellCH2M HillDempsey, Dilling & Associates, PCRembco Geotechnical ContractorsThomas B. Lawrence, PE
ContributingA. Morton Thomas and Associates, Inc.Ragan- Smith Associates, Inc.Smith Cashion & Orr, PLCTTL, Inc.
(L to R) Stan Bland with The Portland Cement Association Southeast Region; Matt Jeffers, PE, and Andrew Maybee, PE, Concrete Paving Association of TN, enjoying the Welcome Reception.
Robert Campbell, PE, RGC&A is the auctioneer extraordinaire as he works the PAC Auction crowd.
Don Friedman (Crow Friedman Group) models his silver sequined fedora at the Auction.
8
Eric Gardner, PE (L), Cannon & Cannon, Inc. and
Amy Spann, PE, EnSafe Inc. (R)
Mark Cate, Governor Haslam’s Chief of Staff, was the
featured speaker.
(L to R) TEF Trustees Bill Johnson, PE (Swift Creek Inc.), Claire Barnett, PE (EnSafe Inc.) TEF Trustee President, and
Jim Morinec, PE (AECOM) visiting before the TEF Luncheon
2013 Report
In 2013, the Tennessee Engineering Foundation, with the support of the engineering firms and organizations, was able to fulfill its mission to engage students in activities that advance and promote the engineering profession. Accomplishments
include awarding three scholarships totaling $9,500 to three students studying engineering at Tennessee universities; continuing sponsorship of MATHCOUNTS for middle school students; and partnering with the Memphis Chapter of TSPE to provide a mechanism for charitable contributions to support the chapter’s MATHCOUNTS program and other K-12 STEM activities.
Thanks to the success of this year’s TEF fundraising luncheon with Mark Cate, Chief of Staff for Governor Bill Haslam, we can continue to support students in the pursuit of engineering careers and, therefore, ensure the continued success of our profession. The TEF board of directors sincerely thanks all of those who attended, sponsors who contributed, and all those who worked behind the scenes to make the luncheon possible.
2014 Scholarships
The TEF looks forward to awarding three scholarships in 2014. Two TEF scholarships, $3,500 each, are open to any rising junior or senior in an accredited engineering school in the state of Tennessee. The
$4,000 Dorothy & Arthur Crouch Memorial scholarship is open to any rising junior or senior in an accredited engineering school in the state of Tennessee as well as the child/grandchild of any TSPE member at the accredited school of choice (in or out of Tennessee) if all other requirements are met. The scholarships may be used for tuition, books, room and board, or any other charges related to registration for the fall or spring semester in the 2014-15 academic year.
The deadline for the scholarship applications is February 3, 2014. The 2014-2015 academic year scholarship recipients will be announced in March 2014. The TEF trustees encourage ACEC and TSPE members to spread the word to engineering students about the scholarships. Scholarship applications are available from Judy Logue at [email protected] or Claire Barnett at [email protected].
The TEF board of directors, which is composed of three appointed representatives each from TSPE and ACEC of TN and two TEF-appointed trustees, plans to continue the programs we have in place and to investigate other STEM initiatives, partnerships, and fundraising opportunities that will allow us to expand our ability to support activities to promote the engineering profession.
Suggestions on how we can improve our work to accomplish our mission are welcome at any time. We also encourage all TSPE and ACEC of TN chapters to consider partnering with TEF to establish tax-deductible funds for your local scholarship and educational programs.
TN ENGINEERING FOUNDATION UPDATEby Claire Barnett, PE, TEF President
2013 TEF LUNCHEON SPONSORS
Gold Friends of Engineering
Silver AECOM
EnSafe Inc.
Fisher & Arnold, Inc.
Ross Bryan Associates, Inc.
S&ME, Inc.
Smith Seckman Reid, Inc.
Varallo Public Relations
Volkert, Inc.
Bronze Fulghum MacIndoe & Associates, Inc.
Gresham, Smith and Partners
Structural Design Group
Thompson Engineering
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2013:
DECEMBERCrow Friedman Seminars: Dec 4 – Knoxville
Dec 5 – Nashville
Dec 6 – Memphis
2014:
FEB 16-22Engineers’ Week
MARCH 10TSPE Board Meeting TEC Board Room, 1-4:30 pm
2014:
MARCH 11Engineer’s Day on the Hill9 am-1:30 pm, Capitol, Nashville
MARCH 22State MATHCOUNTS CompetitionTEC Nashville
JULY 1-6NSPE Leadership Conference & Annual MeetingGrand Hyatt, Washington, DC
Calendar of EventsMARK YOUR CALENDARSTHE DECEMBER SEMINARS ARE BACK!
Dec 4 – Knoxville
Dec 5 – Nashville
Dec 6 – Memphis
TSPE is sponsoring a 4-hour session on professional liability presented by Crow Friedman Group and XL Insurance. Topics for the session include:Post-Project Reviews: Can You Afford Not To Do Them? presented by Bob VanArsdall
Contract interpretation - What the judge is thinking when deciding a contract dispute presented by David Garst.
On line registration will be available soon
12
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