Tuesday, May 27, 2014

Surveyors Historical Society to dedicate Osgood Bilby Tower

Many surveyors may have never seen a Bilby Tower, nor perhaps know what it is, but the pieces of an abandoned tower discovered in Louisiana have been reassembled/erected in Osgood, Indiana, hometown of Jasper Bilby, the man who invented it.


A ceremony to be conducted by the Surveyors Historical Society on June 14, 2014 will include a presentation on the history of NGS/USC&GS and the Bilby Tower, a panel discussion among current and past tower builders/observers, and a formal dedication in honor of Bilby.



The passion and dedication felt by the many people who participated in the entire endeavor to get the tower from Louisiana to Osgood is exemplified by the remarks of Joe Lindsey who says, “my considerable Osgood Bilby Tower involvement and commitment began in the fall of 2012. It continued through the second week of October, 2013, culminating in the successful tower assembly. It was a substantial sacrifice of which I was honored and privileged to have participated. The team work and camaraderie created  an outstanding experience.”


Read more about Bibly Towers.

Louisiana Surveyors Make Plea for Donations of Blood for Fellow Surveyor



Joe Marques (Dading Marques & Associates) underwent liver transplant surgery on Thursday, May 15, 2014 at the Ochsner Hospital,  and is in desperate need of blood donors. The medical team is having difficulty stopping the bleeding. He has undergone only the first part of the surgery. The bleeding must be under control before proceeding with connecting the bile duct to the new liver. He has depleted the Ochsner Blood Bank supply, having used over 100 units of blood. If the blood is not replaced the family will be billed in excess of $500.00 per unit.  A blood drive for Joe’s direct blood replacement can be set up if fifty (50) people are willing to donate

This is a plea to anyone and everyone out there who is willing and able to donate blood. This act of kindness and compassion for the aid of Joe and his family will be greatly appreciated. If you find that this is something you are willing to do, please be sure that it goes to the account of Joe Marques who is presently at Ochsner Hospital’s main campus on Jefferson Highway in Jefferson, LA.

Any donation may be credited to Joe’s account, provided the place where the donation occurs participates in transfers. The physical location of the donation isn't of the utmost importance, however the following information is needed when donating:
Patient:  Joe Marques
Facility:  Ochsner Health System
               1514 Jefferson Highway
               New Orleans, LA 70121

Thursday, May 22, 2014

Ask Vic!

Question: Our surveying firm has 20 employees. We were recently approached by a civil engineering firm, which has engaged our firm in the past, with a proposal that the two firms form a joint venture to respond to a Request for Proposals from a county agency so that the joint venture can present the resources of both firms to the client. We have never formed a joint venture before. What are some of the issues that we need to consider?

In a joint venture, each party is entirely responsible to the client, and to any third party, for the actions of the other joint venturer. Although a carefully drafted joint venture agreement may set up a framework for the distribution of liability between the joint venturers, that framework cannot insulate a firm from all risks; nothing in a joint venture agreement can limit the separate liability of joint venturers to a third party.

Although there are standard contract forms to establish the legal and practice aspects of joint ventures, many design professionals approach a joint venture on a far too casual basis. In most states, if a contract is signed by more than one entity or by a joint venture representing more than one entity, the firms become jointly and severally responsible under the terms of that contract. They assume the business risks inherent in the contractual agreement and, more importantly, from a professional liability perspective, they assume responsibility for the negligence of the other joint venturers. Whether firms attempt to use language such as “in association with” or “as part of the design team consisting of,” the result in almost every case is the same—responsibility for the other party without any real authority or ability to control the other party’s actions.

From a professional liability insurance perspective, it makes far more sense to provide services through a more traditional arrangement, with a prime design professional and a subconsultant. Forming a joint venture with another design professional or with a non-professional firm can create problems of insurability and liability. In the traditional scenario, the prime signs the contract and is completely responsible for the performance of the duties of the agreement, including those that might be delegated through subconsultant agreements to other design professionals. The subconsultants are only responsible for their own actions. This provides a much clearer understanding of duties and obligations and an articulated distribution of risk.

If a firm does want to proceed with a joint effort, it should consider forming a separate entity for the venture. In many states, a joint effort can be established as a limited liability partnership or corporation. While such a business form does not limit the liability of a participating firm for its own negligence, the firm may be protected from the negligence of the other participating firm or firms. The non-negligent firm’s stake in the limited liability entity is still at risk for the negligence of any participant.

Limited liability companies may provide an excellent form for pursuing design-build projects and other opportunities where a non-professional firm may be involved. Local legal counsel can provide advice on the formation of limited liability entities and other forms of cooperative business ventures.


Do you have a question regarding an insurance or practice management issue? Email your question to AskVic@Schinnerer.com and look for your answer in a future issue of the NSPS News & Views weekly newsletter. Victor O. Schinnerer & Company, Inc., is the underwriting manager for the CNA professional liability program, and has a longstanding relationship with NSPS.

Monday, May 19, 2014

NSPS Radio Hour — May 19, 11 a.m. EDT

Join host Curt Sumner and his guests from the California Board of Professional Engineers, Land Surveyors, and Geologists (BPELSG). Ric Moore PLS, Executive Director, and Ray Mathe PLS, Senior Registrar Land Surveyor, will discuss a variety of issues, including the first survey laws requiring a record of survey, and a recently discovered document dated 1891 which is thought to be the first license issued in the United States for a Land Surveyor.


If you are unable to listen to the show when it is being broadcasted, listen to the archive of the show at http://www.radiosandysprings.com/showpages/ACSM.php. Archives for each show are typically available for listening within a few days after the show airs.

During the show, listen for the "key question" and be the first to email the correct answer to
quikstakescontest@americaswebradio.com to win a $50 gift certificate from our sponsor, Parker Davis Quik Stakes. No purchase is required to receive the gift certificate. Winners limited to once every three months.

Wednesday, May 14, 2014

Support Your Foundation

A recent edition of NSPS News & Views included an article written by Joe Dolan, Chair of the NSPS Foundation in which he stressed that the NSPS Foundation is your foundation. The article spoke about the good work the Foundation undertakes and the benefits it provides on a number of levels, and asked surveyors nationwide to join its ranks in order to support and expand its efforts.

Although not mentioned in the recent article, there is another way to contribute to the Foundation while honoring those who have contributed to our profession, and who have been important to you personally, and in your career.

Berntsen International and the National Society of Professional Surveyors Foundation (NSPSF) manage the Final Point Project which assists in building an endowment for surveying scholarships. For every customized marker purchased, $75.00 will go to support scholarships.

Each marker is a beautifully engraved, solid 4” diameter bronze marker. It is personalized with the name of the surveyor being honored, with the latitude and longitude of his/her resting point. It is available with a high polish or brushed finish.

Click here to learn more about this important project.


We think this is a unique way to honor a special surveyor and promote surveying education through your Foundation.

Tuesday, May 6, 2014

NSPS Support 3DEP by Contacting Congress Today!




In a recent column in LiDAR News, Nick Palatiello, Vice President of John M. Palatiello & Associates, Inc., the federal government affairs consultant to NSPS, , wrote about the need for the geospatial community to contact Congress in support of the U.S. Geological Survey’s (USGS) 3D elevation program, commonly referred to as 3DEP. In the article, he highlighted the importance of this national program and the benefits that can be realized:

3DEP will satisfy the growing demand for consistent, high-quality elevation data and a wide range of other three-dimensional representations of the Nation's natural and constructed features. Among the applications that will benefit from 3DEP data are flood risk management, agriculture, water supply, homeland security, renewable energy, aviation safety, and other areas. Indeed, USGS has identified more than 600 applications that would benefit from such enhanced elevation data. 3DEP will promote economic growth, facilitate responsible environmental protection and resource development and management, assist with infrastructure improvement, and generally enhance the quality of life of all Americans.


In an effort to educate Congress, a letter has been prepared for NSPS members and the geospatial community to send to your Congressmen and Senators. The letter is attached to the bottom of this post.

To identify your Congressman and Senators, use this helpful link, using your zip code. Remember, your home and office may be in two different Congressional districts, so be sure to write both Representatives. 

Here are some other key points to remember in writing to your legislators:

•           Email or fax are the preferred communication methods (not regular U.S. mail)
•           Be courteous and respectful in all communications. Don't use threats.
•           Cover only one issue per letter. Don’t add other issues to this letter!
•           Explain how the issue would affect you and/or your organization or community.
•           Limit your comments to one page or two at most. Elected officials hear from hundreds of constituents’ daily so a brief letter is more effective than a multi-page document.

The letter provided below should be used and edited to insert your name and organization, as well as the name of the Congressman or Senator. We have highlighted the areas that you should amend.

The National Society of Professional Surveyors (NSPS), MAPPS, the National Digital Elevation Program, National States Geographic Information Council (NSGIC), the Coalition of Geospatial Organizations (COGO), the Association of American State Geologists (AAGS), the National Digital Elevation Program (NDEP), and the National Geospatial Advisory Committee (NGAC) have endorsed 3DEP. However, Congress still needs to hear from the broad geospatial profession. 

This is an issue that unites every segment of the geospatial profession from public to private sector. We urge you to take a moment to write your Congressmen and Senators and ask them to work with the House and Senate Appropriations Committees, respectively, to assure the President’s requested level of funding for these activities, if not increase them.


NSPS members do not delay! Now is the time to contact Congress.


Sample:

"[Firm/Agency/Organization Logo/Letterhead]

May ____, 2014

The Honorable (FN) (LN)
U.S. Senate
Washington D.C.  20510
or
The Honorable (FN) (LN)
U.S. House of Representatives
Washington D.C.  20515

Dear Representatives (LN) or Senator (LN):

[Name of your Firm/Agency/Organization] enthusiastically supports the USGS 3DEP, or 3-D elevation program.  I respectfully urge you to work with the Interior Appropriations Subcommittee  to fully fund this important program as requested in the President’s budget, or, if possible, increase the appropriations level to meet the extraordinary demand for current, accurate elevation data for the nation.

3DEP will satisfy the growing demand for consistent, high-quality topographic data and a wide range of other three-dimensional representations of the Nation’s natural and constructed features.  Among the applications that will benefit from 3DEP data are flood risk management, agriculture, water supply, homeland security, renewable energy, aviation safety, and other areas.  Indeed, USGS has identified more than 600 applications that would benefit from such enhanced elevation data.  3DEP will promote economic growth, facilitate responsible environmental protection and resource development and management, assist with infrastructure improvement, and generally enhance the quality of life of all Americans.  A study shows enhanced elevation data have the potential to generate $13 billion in annual benefits, at a benefit:cost ratio of 4.7 to 1.  This will also create jobs.

3DEP stands out as a best practices model for coordination, inter-agency and inter-governmental cooperation, and a strong definition of government and private sector roles and responsibilities in a public-private partnership.

Given our economy and budgetary climate, 3DEP stands out as one of the most worthwhile investments Congress can make.

I respectfully request and recommend that Congress provide in the 2015 Interior Appropriations bill  funds for the 3DEP program at its optimal annual level of $146 million among all participating agencies, including, at a minimum, the $5 million for 3DEP, $236,000 for Alaska Mapping, $1.9 million for The National Map Modernization, and $60,428,000 for the National Geospatial Program, as provided in the President’s request for USGS.

Thank you for the opportunity to share my views.  Please do not hesitate to contact me if you have any questions.

Sincerely,

[Signature/Digital Signature]

Your Name
Your Title"