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Vicki Arbitrio, PE, Gilsanz Murray Steficek LLP. Structural Engineer Emergency Response after 9/11: Looking Backward, Moving Forward. NCSEA Annual Conference. September 30, 2010 Jersey City, New Jersey. Thanks to…. American Society of Civil Engineers.
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Gilsanz Murray Steficek LLP
NCSEAAnnual Conference
September 30, 2010
Jersey City, New Jersey
American Society of Civil Engineers
National Institute of Standards and Technology
New York City Department of Buildings
Structural Engineers Association of New York
Michael De Chiara, Zetlin & De Chiara, LLP
Daniel A. Cuoco, PE, Thornton Tomasetti
Ramon Gilsanz, SE, PE, GMS
Joseph F. Tortorella, PE, Robert Silman Associates
2009 SEI Structures Congress, Austin, TX
NCSEA 17th Annual Conference - 2009, Scottsdale, AZ
ATC 13th US - Japan Workshop on the Improvement of Structural Design and Construction Practice Details, Hawaii
Daniel A. Cuoco, PE, Thornton Tomasetti
Ramon Gilsanz, SE, PE, GMS
Joseph F. Tortorella, PE, Robert Silman Associates
Photo Courtesy FEMA
Photo Courtesy FEMA
2,451 civilian deaths, 800 injured and $33.44 billion lost.
10 million sq ft. commercial office space destroyed.
32 million sq ft. commercial office space considered useless.
860,000 sq ft. affected area.
~1.2 million tons of debris, including 350,000 tons of steel.
WTC 1North Tower
WTC 7NYC-OEM
FBI
Verizon
WTC 6US CustomsHouse
American Express
Winter
Garden
WTC 5Morgan Stanley
WTC 2South Tower
WTC 4Commercial
Bankers Trust
90 West St
WTC 3Marriott Hotel
Merrill Lynch
N
N
Millennium Hotel
WTC
Plaza Area
Church Street
101 Barclay
1 Liberty Plaza
30 West
Broadway
Century 21
Vesey Street
Liberty Street
1 WFC
West Street
Battery Park
N
Church Street
1 and 9
Subway
N and R
Subway
Liberty Street
Vesey Street
Slurry Wall
7-storyBasement
Path
West Street
Courtesy FEMA US&R
Courtesy FEMA US&R
September 11th – In the afternoon, SEAoNY attempts to make contact with the authorities.
September 12th –SEAoNY accesses the site and obtains permission for structural engineers to have access.
September 13th – SEAoNY engineers start going to the site.
September 14th- SEAoNY response organization is fully staffed and running.
SEAoNY engineers work around the clock through January 9, 2002.
Mayor’s Office of Emergency Management, through the NYC Department of Design & Construction, immediately retained:
For Debris Removal to Support Rescue & Recovery Operations
4 major Construction Management firms
AMEC
Bovis Lend Lease
Tully Construction Company
Turner / Plaza Construction Companies
For Structural Engineering Operations
Thornton-Tomasetti
SEAoNY Teams
I understand that by volunteering to provide these services
and by my presence in the area of the World Trade Center,
I expose myself to dangerous conditions and risk of injury.
In the event that I suffer any injury (whether physical injury,
emotional injury, loss of property, death or any other type
of injury or loss), I release the Association from any and all
liability for such injuries. I further understand that I shall
not be entitled to Workers Compensation benefits thru the
Association because I am a volunteer and not an employee
of the Association.
Emergency damage assessment of buildings in the immediate collapse area.
Identify unstable areas.
Develop temporary stabilization procedures.
Identify safe locations for heavy equipment, design reinforcement and grillages.
Develop and coordinate survey monitoring program.
Inspect over 400 buildings in the area surrounding the collapse site.
Detailed investigation of damaged buildings.
1
2
Photos Courtesy
D. Cuoco, Thornton Tomasetti
September 17 & 18 – Rapid Building Evaluations.
(371 buildings)
One inspection team assigned to each sector.
No Damage
Moderate Damage
Major Damage
Partial Collapse
Full Collapse
September 21 Detailed Building Evaluations of buildings rated Yellow, Blue, or Red
(31 buildings)
SEAoNY volunteers monitored steel debris as it arrived at the salvage yards & helped to identify material from the impact zones.
SEAoNY engineers also recorded/gathered videos and photographs in an attempt to fully document the collapses.
Design buildings to resist collapse from fire in a manner similar to designing buildings to resist collapse when exposed to other loads (i.e. gravity, earthquakes, wind, etc…)
For emergency personnel to have information and assistance in an emergency.
Proper enforcement of the Code in construction and design.
Prevent local failure from causing a global collapse:
Connections.
Critical Components.
Progressive Collapse.
Increased Structural Integrity.
Enhanced Fire Endurance of Structures.
Improved Active Fire Protection.
Improved Building Evacuation.
Improved Emergency Response.
December 2001 – Annual Meeting of Design Professionals Risk Control Group.
January 2002 – Joint Senate and House of Representatives on behalf of General Contractors Association of New York.
April 2004 – federal funds were allocated for FEMA Insurance Coverage.
December 2004 – $1 Billion funding by FEMA.
Provide broad third-party liability coverage, including general, marine, environmental, and professional, for claims (other than workers comp and disability claims) against the City and the contractors arising from their activities during the WTC debris removal project.
Not a Victim’s Compensation Fund.
There are approximately 19,977 total Plaintiffs [about 12,128 first-named and 7,849 derivative (spouse, etc.) Plaintiffs] suing New York City, the Contractors, Engineers and others.
Approximately 5,584 uniformed NYC workers (NYPD, FDNY, NYC Dept. of Sanitation)
Other groups of Plaintiffs include:
Non-uniformed NYC workers;
Uniformed Non-City workers;
Government workers; (non-NYC and Non-Uniformed)
Contractor employees;
Utility workers;
Building Cleaners and
Others (including Local Union workers, Volunteers, Red Cross, Retired, Self-Employed, etc.)
Personal Injury Lawsuits. (ongoing)
Conspiracy Theory Lawsuits. (dismissed in 2010 by U.S. Supreme Court)
Insurance Subrogation Lawsuits. (ongoing)
Arup
Buro Happold Consulting Engineers
Ewell W. Finley, PC
Gilsanz Murray Steficek, LLP
Goldstein Associates, PLLC
Mueser Rutledge Consulting Engineers
Parsons Group
Leslie E Robertson Assoc, RLLP/LERA
Liro-Kassner, Inc.
Lockwood, Kessler & Bartlett, Inc. (LKB)
Lucius Pitkin, Inc.
M.G. McLaren PC
Meridian Construction Group, LLC
MRA Engineering, PC
Robert Silman Associates, PC
Simpson Gumpertz & Heger Inc.
Skidmore, Owings & Merrill, LLP (A/E Firm)
Thornton Tomasetti Group (LZA)
Vollmer Associates, LLP (now Stantec)
Weidlinger Associates, Inc.
WSP Cantor Seinuk
Captive Insurance – time limitations as well as limitations of location.
Professional Liability Insurance.
Individual Firm Responsibility:
Deductible
Independent Lawyers
Fall 2006 – US District Court denied motion to dismiss and for summary judgment.
Jan. 2007 – Appeal to US Court of Appeals for the Second Circuit.
Spring 2008 - US Court of Appeals dismissed appeal on technical jurisdictional grounds
Renewed motions filed Jan./Feb. 2010
12 “sample” cases selected for trial
March 28, 2008 – Structural Engineers filed a motion for summary judgment.
August 26, 2008 – Court denied the engineers’ motion and requested more information.
January 15, 2010 – a renewed motion was made on the engineers’ behalf.
This motion has been briefed and is currently before the Court, which will either issue an Order resolving it, or schedule a date for oral argument.
June 10, 2010Lawyers for the City, the contractors, and the engineers negotiated a new, $712 million settlement with the plaintiffs
Settlement is endorsed by the judge, Alvin K. Hellerstein of US District Court in Manhattan
The settlement must be approved by 95 percent of the plaintiffs by November 30 to take effect.
http://www.nytimes.com/2010/06/11/nyregion/11zero.html?_r=1&ref=alvin_k_hellerstein
Defend against plaintiffs’ allegations that the City, its contractors, and other defendants were negligent in that they failed to provide a safe workplace, failed to warn workers at the site, etc.
Enact legislation to protect emergency responder
Legislation pending in Congress to re-open the Victim’s Compensation Fund, allocate the Captive’s $1 Billion to pay claims, and eliminate liability for the City and its contractors for any current or future claims. HR-847
James Zadroga 9/11 Health and Compensation Act of 2010
Will amend the Public Health Service Act to extend and improve protections and services to individuals directly impacted by the terrorist attack in New York City on September 11, 2001, and for other purposes.
Introduced by NY Rep. Carolyn Maloney and
co-sponsored by 115 other Representatives.
Introduced by NY Senator Kirsten Gillibrand and co-sponsored by eight other Senators
James Zadroga 9/11 Health and Compensation Act of 2010 would take steps to:
give those eligible for medical treatment the opportunity to do so without sharing the cost,
re-open the 9/11 Victims Compensation Fund for those who didn't file or become ill after the original deadline and
would also establish an emergency council responsible for coordinating the care and compensation of victims.
July 29, 2010 the House voted on a Motion to Suspend the Rules and Pass, as Amended: H R 847 James Zadroga 9/11 Health and Compensation Act
This special procedure required 2/3 (66%) percentage of 'Aye' votes.
Percentage of 'aye' votes: 59% Result: Failed
September 29, 2010, passed House: 268 to 160
Senate bill is “in committee”- referred to the Committee on Health, Education, Labor, and Pensions has held hearings.
The bills include a clause limiting the liability of the contractors/subs (including engineers) to the sum of Captive's policy limits and their other available insurance coverage.
Limit=Σ(captive + firm)
S3720-A and A1269-A
Enacts the "engineers', architects', landscape architects' and land surveyors' good samaritan act"
to protect from liability for personal injury, wrongful death, property damage or other loss professional engineers, architects, landscape architects and land surveyors who render voluntary services, without compensation, at the scene of a natural disaster or catastrophe.
In areas of seismic activity, PEs who are trained as "Disaster Services Volunteers" areofficially activated by the local jurisdiction.
Thus, a Professional is provided limited immunity from liability by both state and federal statutes.
The Good Samaritan doctrine is a legal principle thatprevents a rescuer who has volunteered to helpa victim in distressfrom being successfully suedfor 'wrongdoing‘.
The Good Samaritan acts without expectation of compensation.
Emergency Responder legislation would protectdesign professionals hired to provide professional servicesresponding to a disaster,from lawsuits that attempt to make engineersresponsible for work outside their scope or expertise, or for providing services in good faith under emergency conditions.
If we want to go fast, we go alone.If we want to go far, we go together.
African Proverb
SEAoNY members, please complete (or update) the SEERP information sheet that is located in the Member Profile section of the SEAoNY website.
If you have a PE please fill in the box as:PE - (XXX) XXX-XXXX
If you do not have a PE please fill in the box as:(XXX) XXX-XXXXATC-45 training is required.
NYC DOB is holding rapid training sessions.
See the handout – ACEC and ASCE positionshttp://archrecord.construction.com/news/daily/archives/2010/09/100908WTC_2010-slideshow.aspwww.emergencylegislation.com
More information?
Questions?
©Joe Woolhead, courtesy Silverstein Properties
