Issuu

FLORIDA

FTBA’S OFFICIAL PUBLICATION Spring 2020

TRANSPORTATION BUILDER

FTBA: Moving Forward and Adapting to Change

Q&A with Senate President Bill Galvano

Precision Contracting’s Cindy Boyd Receives Spirit of Hope Award

How Can Contractors Benefit from AI?

Succession Planning: Are You Prepared?

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Spring 2020

CONTENTS 26

FEATURES

COVER

FTBA: Moving Forward and Adapting to Change

n Overview of Florida’s Critical A Highway Construction Materials By Valerie Seidel and Alicia Barker, The Balmoral Group

L ooking Back at an Accomplished Career: A Q&A with Florida Senate President Bill Galvano By Jill Andreu

S erving Those Who Serve: Cindy S. Boyd of Precision Contracting Services Wins High Honor from Pentagon By Nick Fortuna

DEPARTMENTS

I Machine Learning 101: What Is It, And How Do Tech A Tools Bring Actual Value To Contractors?

7 Editor’s Note: Welcome to Your New

By Ryan English, TruckIT, LLC

Succession Planning: Getting Ready to Pass the Torch By Sharlene Francois Lairscey, Quest Corporation of America

Pollution Concerns for Street, Road and Paving Contractors

9 President’s Message: Mobility Transformation is Underway By Ananth Prasad, FTBA President

By Nick Amaro, Bouchard Insurance, A Marsh & McLennan Agency LLC Company

onstruction in a Digital Era: C 2020 FTBA Construction Conference Delivers Education and Lots of Fun

25 Safety Committee Update: Improve

By Cody Smith

37 Welcome, New FTBA Members

Advertiser Index

Florida Transportation Builders Association 1007 E. DeSoto Park Drive Tallahassee, FL 32301 Phone: (850) 942-1404 Fax: (850) 942-5632 info@ftba.com

Chairman’s Update: Tackling Challenges in 2020 By A.J. de Moya, The de Moya Group

Workplace Safety in 2020 and Beyond By Mark Ligon and Phillip B. Russell, Esquire

Please Support Our Advertisers

Member Magazine! By Jill Andreu

Executive Committee Chairman A.J. de Moya The de Moya Group President Ananth Prasad FTBA Chairman-Elect Henry Mayfield M of Tallahassee, Inc. Secretary-Treasurer Keith Waugh Leware Construction Company

Immediate Past Chairman Bob Schafer Ranger Construction Industries, Inc. Executive Committee Foster Bachschmidt D.A.B. Constructors, Inc. Kevin Hicks Gator Grading & Paving LLC Scott Pittman Ajax Paving Industries of Florida, LLC

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For advertising information, please contact Katie White at (352) 388-7031 or kwhite@thewymancompany.com.

Florida Transportation Builder is the official publication of the Florida Transportation Builders Association. All rights reserved. Contents of this publication may not be reproduced without permission of FTBA and The Wyman Company.

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Editor’s Note

Welcome to Your New Member Magazine!

ello, FTBA members, and welcome to a new look and reading experience from your quarterly membership magazine, Florida Transportation Builder. Last year, FTBA partnered with The Wyman Company to provide more opportunities for industry product and service suppliers to connect with contractors – first through newsletter and website advertising, and now through print advertising in this magazine. In addition to providing that valuable connection between members, we are committed to making this magazine an incredible resource and benefit for FTBA members. We are excited to help create an endless supply of informative content, including stories about the lightning pace at which our state is growing; the technology members need to remain competitive; and the ins and outs of the legal and regulatory worlds that contractors must mine as part of doing business. To give you some background, The Wyman Company is a relatively new company that serves the association market by providing sales support, market research and content services. Although our company is new, our team has extensive experience working with associations of all sizes and from varied industries, including construction. In fact, the FTBA team you see in the photo has a combined 95 years of experience working with associations! Over that span, what we have learned is that we love what we do, and we work tirelessly to translate that love to our products, our customer service, and the satisfaction of our clients and their members. What makes our jobs particularly gratifying is having the opportunity to work with fun associations in interesting industries where association leadership truly “gets it.” We knew our partnership with FTBA would fit that rare mold last year when we attended our first association-sanctioned keg party and live auction during a formal dinner at the Convention in Marco Island. What fun. Seeing families enjoy an association event and experiencing such a true spirit of friendship and camaraderie speaks to

The Wyman Company team that works hard for FTBA and its members, and now always drives the speed limit in construction zones. First row (from left to right): Beth Sheahan, sales representative; Jamie Williams, sales representative; Heather McMillen, marketing manager. Top row (from left to right): Katie White, director, customer experience; Janet Frank, sales representative; and Jill Andreu, managing editor.

the power of your association and its role in your lives and businesses. Trust us when we say that, in our experience with associations, you are part of something special. We have a great lineup of content planned for you in coming issues of this magazine, and we want to hear from you to learn more about topics you find interesting and important. We also want to profile members and their achievements, and you

will see a great example of that on page 20 in the “Serving Those Who Serve” feature about Cindy Boyd of Precision Contracting Services. What a great human being. Please let us know if you have a great story to tell or other ideas about improvements to the magazine. We look forward to hearing from you as we continue to become more entrenched with your association and your membership magazine.

Have a story idea? Best practices to share? Interested in contributing an article or just telling us what you think? Please contact Jill Andreu, managing editor 352-448-5874 (direct) or email jandreu@TheWymanCompany.com WWW.FTBA.COM

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President’s Message

Mobility Transformation is Underway

ANANTH PRASAD

If the projection of increased usage of EVs comes to fruition, the way we pay for our infrastructure investments must change. … Currently, 27 states have an EV fee, and Florida is the second-biggest market for Tesla.

had the opportunity, for the first time, to attend the 2020 Annual Consumer Electronics Show (CES) in Las Vegas. It was huge, transformative and disruptive. Huge in terms of its size and scope – about 170,000 attendees from all over the world came to see products ranging from smart refrigerators, 8K television and drones to autonomous vehicles. Many have dubbed CES as an automotive show rather than a consumer electronics show.

Mercedes-Benz unveiled an Avatar-inspired concept car. Dubbed the Vision ATR, the design takes it cue from the Avatar film it was inspired by, but it also stands for “Advanced Vehicle Transformation.” The buzz at CES was about new electric cars (and pickup trucks) that will be introduced in 2020. Consumer demand for electric cars and hybrid vehicles has increased to 41 percent in the United States compared to just 29 percent last year, according to a recent Deloitte survey. But half of U.S. consumers still believe that autonomous vehicles (AV) are unsafe. The prevailing thought is that we will see an influx of AVs on the street later rather than sooner. While the technology has advanced significantly, there are still a lot of challenges to overcome. As to electric vehicles (EV), about 2.2 percent of motor vehicles that registered in Florida are electric. The percentage of hybrid vehicles is tough to discern as Florida’s Department of Highway Safety and Motor Vehicles does not distinguish them from the regular fleet. If the projection of increased usage of EVs comes to fruition, the way we pay for our infrastructure investments must change. To put that in perspective, an annual $200 registration fee for EVs currently would generate $45 million in revenue. So, putting this in another way, the owners of internal combustion engines are subsidiz-

ing the owners of the EV to the tune of $45 million. Currently, 27 states have an EV fee, and Florida is the second-biggest market for Tesla. To that end, I applaud the efforts of Sen. Jeff Brandes (R) and Rep. Jackie Toledo (R) who are championing efforts in the Florida Legislature to implement an EV fee. Mobility options showcased at CES were transformative, thereby creating disruption on how we travel in the next decade. Get used to the term eVTOL, which stands for Electrical Vertical Takeoff and Landing aircrafts, or in simplistic terms, flying taxis. Hyundai and Uber unveiled a concept eVTOL at the show, and it is anticipated that we will be seeing flying taxis with a pilot by 2023. This air taxi network will let you hail a four-passenger, four-propeller flying vehicle through the app for trips up to 60 miles. We are at an intriguing intersection of automotive and technology world. Sony (yes, Sony!) debuted an electric concept car called the Vision-S with 360-degree audio system and a panoramic front dashboard display. Sony has no intention of getting into the field of AV or EV, but it showcased the concept car to prove what it can offer. Amazon is already placing its Fire TV into backseat entertainment systems and more and more cars will come equipped with Alexa and Siri. So buckle up and stay tuned!

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Chairman’s Update

Tackling Challenges in 2020

t has been a fast-paced and exciting start to my term as FTBA Chairman. I am grateful for the opportunity to serve and thankful for members who continue to make this such a rewarding profession and organization.

As a group, we are appreciative of the amount of work we have received thanks to a growing Florida population and the need for better and more sustainable infrastructure. In order to manage that work, however, workforce development must be a priority for our industry. We appreciate the efforts and financial backing of FDOT to date in this regard, but at the end of the day, we all need to partner to prioritize this as a long-term and vital initiative. I will ask again what I asked each of you at our recent Construction Conference: “Take personal ownership, be engaged, and do what it takes to grow the transportation building workforce.” Another priority for the industry is completing projects as quickly as possible. I know we all can do better, but getting a project completed faster is often directly proportional to the speed of identification of issues and proactive resolution. FTBA will work to improve issues we face in the following areas, and we ask all of you to please keep these at the top of your mind: • We need to establish a risk regime related to design-build projects. Look for more information on that subject in a future article in this magazine. • Utilities continue to be an issue, and although we appreciate support from FDOT with relief on the subsequent impacts, we need to deliver projects in a quicker manner to avoid the situation altogether. • Review how much of the Department’s budget is going to actual construction or product. Currently, we are in the 35 percent range. Can we do better? Of course! FTBA has a set a goal to increase

construction funding by 5 percent or approximately $500M per year from the work program. • Review Contractor Quality Control and CEI costs. Did we achieve what we hoped to achieve with CQC? I recognize we are looking at this through the CQC 2025 initiative, but let’s challenge ourselves to deliver the product with optimal inspection costs. In many cases, we have a Contractor QC Technician and a CEI Verification Technician sitting side by side. Why not consolidate these inspection forces with the CEI and allow the Contractor’s representatives to focus on building rather than on inspecting? • Work zone safety must remain a top priority. We are thankful that the Department paid for blue lights on highspeed work zones, and for the recent changes on attenuator damages, but more needs to be done in terms of speed enforcement through work zones. We must reduce speed in our work zones and extend hours of operation to limit risks to our workers. WE CAN SAVE LIVES! Finally, I want to thank the FDOT leadership and specifically Secretary Kevin Thibault for their work with the industry and for being fair and reasonable. We have made tremendous strides in just this past year, but more needs to be accomplished. I look forward to serving the FTBA membership to improve all of the above areas and more. We will continue to progress as an association as we help build necessary transportation infrastructure for our great state.

FLORIDA TRANSPORTATION BUILDER

A.J. DEMOYA THE DEMOYA GROUP

I will ask again what I asked each of you at our recent Construction Conference: “Take personal ownership, be engaged, and do what it takes to grow the transportation building workforce.”

An Overview of

Florida’s Critical Highway

Construction Materials

BY VALERIE SEIDEL AND ALICIA BARKER THE BALMORAL GROUP

his article summarizes findings from the 2019 Strategic Resource Evaluation Study survey conducted by The Balmoral Group, which was contracted by the Florida Department of Transportation to evaluate Florida’s existing and future supply of critical highway construction materials. Florida’s highway construction materials market is at full tilt and still competing with high levels of investment in commercial and industrial development, but less so with residential, which appears to be slowing. FDOT’s producers do not currently report shortages of material and generally reflect a balance of supply with needed volumes. Nonetheless, prices for asphalt are expected to continue to climb in the short run, although other materials appear to be plateauing in cost. Global factors are currently a greater influence than local market conditions. Five sectors are evaluated for this report: 1) Asphalt; 2) Concrete; 3) Steel; 4) Aggregate; and 5) Earthworks. In the concrete sector, some relief in the fly ash sector may be on the horizon. Research has emerged in extraction technologies for high-value Rare Earth Elements

(REEs) from fly ash, providing both REEs and usable fly ash as end products. REEs are used in small quantities for specialized applications like magnets, high tensile and high temperature alloys, and electronics. The extraction technologies do not appear to reduce pozzolanic properties of fly ash (further tests are being conducted), and the increasing demand for REEs may stimulate supply of ash for concrete by making greater use of reserves or ash otherwise disposed more economical. A year ago, tariffs were impacting steel and concrete prices, but China is now managing steel production for both environmental reasons and possibly – much like OPEC – to manage prices. The result is much lower iron ore prices, while zinc prices may be very volatile. Asphalt news includes slight declines in binder pricing and steep drops in imports (although costs are generally in line with prior forecasting) and updates to the expected impacts of the IMO 2020 rule. Updates in regard to a highway infrastructure bill for 2020 are also provided, as well as information about Florida plants that appear temporarily vs. permanently idle. Aggregate is likely to get a boost from recent rollback of environmental regulations that should lower costs of permitting and operations. Producers report ongoing driver

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shortages, but otherwise generally favorable operating conditions and stable pricing. Architecture Billings Index (ABI) shows billings strengthening in all markets except the Northeast, which is an improvement since the summer. ABI Billings are considered a leading indicator, meaning that construction activity 6-12 months from now generally follows the current ABI billings activity. The South shows the greatest increase in both new work coming in and design work already under construction with the West and Midwest just barely increasing. Construction employment has kept pace with growth across markets. While several markets have moved into negative growth for housing starts, Figure 1 shows growth across all major markets in construction employment. The percentage within each circle is the construction growth in the market. FDOT specs and work program scheduling will influence future pricing, and competition from other economic sectors in Florida will exert pressure on wages and some materials costs. The M-CORES work will substantially accelerate highway construction demand for materials and labor, which will impact cost and availability. Several variables routinely tracked for this analysis are at record highs already. Fewer economists are forecasting recession than at this time last year, but geopolitical shocks

are constantly on the horizon these days and can disrupt supply chains without warning.

Asphalt In Asphalt, the IMO 2020 rule will at least temporarily restrict shipping activity as ships come into compliance. Shipping industry experts consider an increase in slow steaming1 and in oil demand as factors that could lead to higher freight rates, in turn increasing asphalt binder costs. Fewer mixes include RAP today, although Florida still leads the nation with 24 percent of pavement mixtures containing RAP. Interestingly, Florida’s year-end stockpiles of RAP declined from an estimated 7.26 million tons in 2017 to 0.45 million tons in 2018; less RAP availability will be reflected in year-end 2019 numbers. Historically, asphalt binder prices were closely correlated with crude oil prices. Increasingly, this is less true. While crude oil prices have recovered from record lows, binder prices have tracked a widening gap between binder price and crude oil price. With increasing competitiveness of alternative fuels, recent geopolitical events have had a greater impact on crude prices than actual demand. High polymer binder is used in areas with extreme rutting or cracking. To date, it has mostly been utilized in top lift of structural asphalt and dense graded friction course. Recent research also has shown the benefit of high polymer binder in open-graded friction courses. Three projects recently have incorporated high polymer binder in the open-graded friction course (OGFC) with good success. The Department continues to only utilize high polymer binder where it is needed. It is not uncommon for the outside travel lanes of a project to contain high polymer binder while the inside travel lanes contain PG 76-22 binders. The number of FDOT-approved asphalt plants across the state has remained relatively stable despite growing demand and market activity, hovering around 100 plants each year. If further capacity is needed, there are a few idle plants that could reopen. Current projections incorporating existing capacity, competition, work program plans, and raw materials costs reflect hot mix asphalt costs rising by almost a third over the next five years.

Concrete In concrete, production has begun to slow slightly, with construction spending down 3-8% depending on area, but PCA is still optimistic with growth at mature industry levels of 1-2% in the next two years. Coal-fired power production has declined by 40 percent from five years ago and is expected to decline another 10 percent this year. Fly ash production has followed, with sporadic periods of shortages occurring more frequently during the past two years. FDOT has required producers to have an approved back-up design mix in the event fly ash becomes unavailable during a job, and this has helped to mitigate some project disruption. Despite the general reductions in availability from Florida sources, suppliers look to meet statewide demand with additional terminals for rail delivery. In addition, recent out-of-state court settlements should ensure that significant volumes of stored coal ash residuals will be removed and processed, increasing regional fly ash supplies. While promising and exciting, the aforementioned extraction technology is still at bench level and not in application yet – but with recent litigation there is incentive and urgency to achieve scale quickly.

opments in global trade. First, China’s overcapacity is likely to shrink due to pollution curbing environmental policies. Reports indicate a more pronounced approach to reducing pollution as a result of a high-level agenda. Second, aspects of the recently passed United States-Mexico-Canada trade agreement are likely to keep steel prices high in the short to midterm period; surging imports can trigger tariffs on incoming steel from Canada and Mexico that were previously lifted in May 2019. During the last week of January, anti-dumping duties were imposed on incoming fabricated steel from Canada and China ranging from 99 percent to a whopping 360 percent. New “mini-mills” under construction by Nucor in Polk County and a consortium in Homestead rely on advanced technology and scrap steel for efficient, cost-effective production that will provide more timely steel supply for years to come in Florida. Competition for skilled labor has resulted in firms offering very strong benefits packages, including paid sick, holiday and vacation leave, training, 401(k) plans, profit sharing and ancillary compensation.

Steel

Aggregate

In steel, already high labor costs are likely to be exacerbated by recent devel-

Finally, aggregate has benefited from comp plan amendments that have relaxed

Figure 1

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Table 1. Preliminary Estimates of M-CORES Future Material Requirements, 2022-2024 Material

Units

Total

FDOT Work Program

$ millions

$1,054

Asphalt

000s TNs

1,641

Concrete

000s CY

312

Steel

TNs

71,340

Aggregate

000s TNs

2,628

Source: TBG calculated from FDOT and M-CORES data.

some zoning restrictions, a roll back of environmental rules, and the scheduled reduction of mitigation fees in Lake Belt in South Florida. Climate resiliency projects including beach nourishment have increased demand for sand and compete with roadway projects generally at a higher price, potentially curtailing long-term supply. Currently, earthworks pricing does

not reflect material supply uncertainty, although continued labor and driver shortages are a constraint.

General Work Program Materials Requirements The FDOT’s Five Year Work Program (including P3 projects) by work mix type totals in years 2023 and 2024 reflects approximate-

ly $1 billion (each year) for resurfacing and bridge repair jobs. Prior to the M-CORES bill, large expenditures in new road construction would have retreated until 2023 when the First Coast Expressway project accounts for about $750 million of new roadway construction. On the roadway maintenance side, resurfacing amounts are projected to reach record levels through the last three years of the Work Program. With M-CORES included, new road construction increases substantially from 2022 to 2024. Note, as the M-CORES legislation was enacted, all M-CORES funding and materials estimates are based on typical FDOT Rural Interstate New Roadway cost composition per mile (Table 1).

About the Authors Valerie Seidel is president and Alicia Barker is senior economist at The Balmoral Group, a Winter Park firm providing economic and civil engineering consulting services. They can be reached at (407) 629-2185.

1. Slow steaming refers to when a vessel sails slower to burn fuel more efficiently and reduce sulfur emissions.

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Looking Back at an

Accomplished Career A Q&A with Florida Senate President Bill Galvano

lorida Transportation Builder recently sat down with Florida Senate President Bill Galvano (R) to discuss his many accomplishments in the political arena. FTB: President Galvano, your Tallahassee career began in 2002, and since then you have been elected to both the Florida House and Senate, where you have been the majority leader and in 2020 will close your term as Senate President. Tell us a little about the experience. What have been some of your high points and low points, and what accomplishments make you most proud? Galvano: First of all, the experience has been remarkable, and I don’t regret one day that I’ve been in public service. Working with the people I have in government and representing people in various districts through the years – and frankly the residents of Florida – is an opportunity I have been blessed to have.

It’s not always an easy process – there are ups and downs and challenges and complexities you have to deal with. Overall, I feel we have good-hearted people with genuine, good-faith goals working the process, and the State of Florida I started serving back in 2002 has been much improved over the period that I’ve been part of the process. I say that not to take credit for myself, but collectively, working with some really talented, farthinking folks, we’ve been able to get there. There are some things that particularly stand out as challenges, and one is actually recent, which was the tragedy of Parkland (shooting at Marjory Stoneman Douglas High School) in Broward County. That was truly one of the toughest periods that I dealt with in the legislative process because it occurred right in the heart of session. It was unexpected obviously, and it really demanded that we not just send thoughts and prayers, but it was a call to action. I can also say that was a high point, although you can never really classify any-

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thing we did in relation to that tragedy as a high point because of the subject matter. But I will say I was very proud of the way we responded. We took immediate action to try to accomplish something important, meaning creating a better and safer environment for students who attend our schools. Collectively, in just a matter of a couple of weeks, we were able to do what most would say could not be done, including a very comprehensive approach to school safety coupled with a massive funding component. This all was done midstream in session. There have been many issues I worked on through the years, including my House days, that make me proud. Some of those were the creation of the Office of Adoption and Child Protection; establishing the Seminole Compact; navigating some very difficult issues here in the Senate; working with (former Florida Senate) President Negron on some major changes to our higher education system, which is now in its second year as No. 1 in the nation; navigating redistricting and

Regarding M-CORES: “We didn’t as a legislative body sit down and draw roads or draw water lines or broadband lines. That’s not our job. Our job is to listen to our constituents, understand the world we live in and the state we live in, and provide an intent, which was that we plan for the future and do it in an adequate manner.” facing challenges there; and being the test case for new constitutional amendments. Then, of course, the moves we’ve made toward creating an infrastructure for the state that will prepare us to receive the influx of people we are receiving every day and help us plan decades into the future. FTB: With regard to infrastructure growth and the needs of urban areas and associated sprawl, you’ve made a point to shine a light on the needs of rural areas and the focus on energy distribution and clean water. Let’s talk a little about why those additional infrastructure elements are so important to Florida’s citizens. Galvano: Again, we have all the makings of a state that will lead the nation, and it is already in many respects. We are the 14th-largest economy on the planet, and by most accounts, the No. 1 destination. We had 127 million visitors last year, and so we have to keep up with that and plan adequately for the future. Our state is a wonderful state, but it’s very diverse. There are great areas of prosperity, which I like to call a ‘perimeter of prosperity’ around our coastlines, and then there is this swath through the center of the state down the I-4 Corridor. But there are many areas in the state that are not recognizing the same type of economic prosperity, and in fact they’ve had unprecedented challenges. For example, in agriculture with citrus greening, and then the impacts of Hurricane Irma. In addition, we have limited natural resources, and water quality has become a major issue in the state, whether it’s algae, access to water, or the impacts of red tide. When I was designated as the Senate president, I said to the senators, ‘I am challenging you to recognize that infrastructure in the state is not simply roadway infrastructure. It includes water and sewer connectivity, and

broadband and access to the Internet.’ It doesn’t make sense that about 25 percent of the state is not utilizing fixed-base broadband. Having infrastructure that provides real access to all areas of our state is equally important. We collectively looked at what has been studied historically, what people way smarter than myself have said needs to occur in the in the future, and collected those ideas. That has resulted in the creation of many infrastructure projects, but at the heart of those projects is the multi-use corridor initiative that the House and the Senate adopted, which Governor DeSantis signed. FTB: Let’s talk about M-CORES. The legislation approving the new connectors includes many different layers, lots of approvals, public involvement, environmental considerations, etc. Please tell our readers a little about the process of having this somewhat controversial legislation passed and how consensus was ultimately achieved. Galvano: Consensus was achieved and it was widely supported in a bipartisan fashion with an almost unanimous vote in the Senate and close to that in the House. I think the members recognized that infrastructure and future planning versus tertiary and remedial action was what we needed to be doing, but like everything in government, especially when we’re building, we wanted to make sure that we had an investigatory process. We had the opportunity for voices and interests to be heard, and knew that decisions would be made weighing all of the important aspects of our state and our environment. I give Chairman (Tom) Lee, who chairs infrastructure and security, a lot of credit for how he and his committee approached this. They met with many interest groups and

created a process, which included task forces of people from varying backgrounds to analyze how to best place these corridors, how best to establish the pathways, and to approach the development of them. We didn’t as a legislative body sit down and draw roads or draw water lines or broadband lines. That’s not our job. Our job is to listen to our constituents, understand the world we live in and the state we live in, and provide an intent, which was that we plan for the future and do it in an adequate manner. FTB: According to a survey completed by the Associated General Contractors of America, nearly 80 percent of construction firms expect continued difficulty finding construction workers. Those worker shortages obviously apply to transportation as well. What are your thoughts about the somewhat standard mindset that college versus skilled worker training is the path for many students as they come out of high school? Galvano: I think we’ve seen a shift in that thinking and a shift in legislation and education funding in that regard. The reality is that skilled labor comes in many different forms, and we need to continue to be very much aware of the idea that there is not a one-pathfits-all approach for all folks. We need to continue to provide technical training and support our technical institutes around the state, which have been really blossoming, and make sure we are messaging adequately to our would-be workforce. We want them to know that there are institutions where they can go to train, but that message has to continue, and that drum has to continue to have a beat. Governor DeSantis has done a good job with that, and that was a big part of his message on the campaign trail and certainly it’s been a message in the Senate. WWW.FTBA.COM

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FTB: I think a lot of that mindset (college vs. skilled labor training) comes from parents who want to provide their children things they didn’t have, and they think college is the best way to go. Galvano: My son is a third-year student at FSU, and I encourage that, but there are other paths and other things you can do to create a prosperous future for yourself, your family, and your community that are not as traditional as people once believed.

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FTB: What advice do you have for your successor, Wilton Simpson, in this role? Galvano: President-Designate Simpson and I entered the Senate together, and he is a dear friend. I think he’s going to do a great job going forward. If I had to share some advice with him, and actually I have shared this with him, it would be that relationships matter. Spend time with the members, the senators and the body, and continue to build the relationships with the House and the Plaza level, meaning the governor. I think he’ll do a good job at that. FTB: What’s on the horizon for you professionally? Galvano: Professionally, I am still a partner in a 95-year-old law firm, and I enjoy practicing law. I have had to spend more time up here (Tallahassee) doing this than what I do in my private life, so for the short term at least I’m going to go back, catch my breath, and reacquaint myself with my law practice.

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Thank you for bearing with us. On January 10, 2020, callers wan�ng to request locate �ckets were met with busy signals. Those who reached Sunshine 811 were on hold for almost an hour - and some�mes longer. Plus, some Internet Ticket Entry users couldn’t get logged in. You were frustrated. You were upset. And you just wanted to reach a human! What Happened Wednesday evening, January 8, 2020, Sunshine 811 was a�acked by a malicious virus, shu�ng down our systems and phones. It couldn’t have happened at a worse �me as we were preparing for a cut over to a new system, Exac�x. Our Technical Opera�ons Department worked 30 hours straight to rebuild the servers and the conversion went on as scheduled the night of January 9, 2020. By 8:30 a.m. January 10, the call center was taking calls again. Why the busy signals? Call volume has been extremely high as excavators had to make up for the missed day. Addi�onally, not all ITE users had pre-registered for Exac�x, which led them to also call 811. Each day things get a li�le be�er. Our answer speed is steadily declining and ITE users are ge�ng registered. We thank you for con�nued pa�ence as we work through all of the details.

Ques�ons about Exac�x, U�lisphere or ITE Registra�on? Visit my.sunshine811.com and click Exac�x Support to ﬁnd the answers. When exis�ng ITE user registra�on is further along, we’ll open ITE for new users. To be no�ﬁed when new ITE user registra�on is open, complete the form at sunshine811.com/ite-applica�on.

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Member Profile

★★★★★ Serving Those Who Cindy Boyd receives the Spirit of Hope Award from Deputy Secretary of Defense David L. Norquist, left, and Col. Trent Upton.

Serve

Cindy S. Boyd of Precision Contracting Services wins high honor from Pentagon

Vice President Mike Pence and wife Karen receive quilts Boyd created for the Pence’s active-duty Marine son in Cape Canaveral.

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Boyd’s “boys,” as she affectionately calls them, in her soldier suite at the Bristol Motor Speedway.

★★★★★ BY NICK FORTUNA

rmy soldiers famously do more before 9 a.m. than most people do all day, but most people are not Cindy S. Boyd. In the predawn hours, long before she begins a full workday as president of Jupiter, Fla.-based Precision Contracting Services, Inc., she often makes quilts for active-duty soldiers living in barracks, just one of the ways she pours her heart into supporting the nation’s veterans. “Some quilts I can do in a day, but that’s a long day – 12 or 14 hours,” Boyd said. “I have a lot of time invested when I’m working on them. I was up at 4 this morning working on one before I came to work, and I’ll try to finish that one tonight. Between working and doing what I do with soldiers, I don’t have a lot of spare time, which suits me just fine.” For her tireless efforts on behalf of Army soldiers, Boyd, 64, was among six people presented with the Spirit of Hope Award by Deputy Secretary of Defense David L. Norquist at the Pentagon on Sept. 27. Each of the five branches of the armed forces, along with the Department of Defense, annually gets to select one recipient of the award, named for Bob Hope, the legendary entertainer whose performances boosted the morale of U.S. troops stationed around the world. “To be one of six people in the United States selected for this award is pretty overwhelming,” Boyd said. “Several of my soldiers whom I had supported over the years were there for the ceremony, so that was pretty awesome.” Boyd’s dedication to the Army began around 2007, when her nephew, who was deployed to Iraq, told her that many of the soldiers in his unit had never gotten a care package from home. That was all she needed to hear. She stockpiled supplies in her kitchen and sent hundreds of care packages to deployed soldiers, most of

whom she had never met, providing them with everything from personal-care items to candy bars. To date, she has mailed out more than 1,500 care packages. In 2016-17, she sent numerous care packages to soldiers battling ISIS near Mosul, Iraq, and had a local Boy Scout from Clermont, Fla., adopt the brigade for his Eagle Scout project, preparing another 151 care packages. She soon received a message of thanks from the commanding officer, who said the packages came at a time when the troops were on the move and roughing it, with virtually no personal care items. Boyd also made 47 quilts for soldiers in that unit who were single and presented them in person at Fort Campbell, Ky., home of the famed 101st Airborne Division, upon the soldiers’ return from Iraq. Among the many soldiers who have received a care package from Boyd was Randal Underhill, who met her in 2011 upon returning from Afghanistan. “Our relationship since then has become one closer to family,” he said. “Cindy B. is one of the most genuine, kind, loving and patriotic people I’ve ever met. I’m lucky and proud she’s now my family. Her heart has the ability to always care for others. She’s still going strong, with no slowing down, even 10 years later.”

Looking out for ‘My Boys’ Boyd refers to her soldiers as “my boys,” and many of them call her “Aunt Cindy” or “Miss Cindy.” She gets invited to Thanksgiving and Christmas dinners, has attended their weddings and funerals, stood by a soldier’s side while his father was in hospice and, as a Florida notary, officiated a wedding for a soldier. One soldier even gave her his Purple Heart. “I gain new soldiers through the ones that I already have a relationship with, and they really do become family to me,” she

said. “I’ve built relationships with hundreds and hundreds of soldiers, and it feels pretty awesome.” Boyd has made more than 120 quilts for soldiers, and in December was working toward the ambitious goal of producing 62 more by the end of March. Last July, she presented two quilts to Vice President Mike Pence and his wife during the 50th anniversary celebration of the Apollo 11 mission in Cape Canaveral. The Pences’ son is a Marine. Each December since 2010, Boyd and some of her soldiers have traveled to Arlington National Cemetery to lay wreaths at the gravesites of fallen soldiers as part of the Wreaths Across America program. Twice a year since 2009, Boyd has rented out suites at NASCAR events at Bristol Motor Speedway in her hometown of Bristol, Tenn., and has paid for soldiers’ lodging, food and drinks so they could attend the races. More than 750 soldiers, whose service spans from World War II to Afghanistan and Iraq, have received the VIP treatment at NASCAR events thanks to Boyd. At a race in 2010, Boyd saw three of her soldiers, who had been seriously injured by improvised explosive devices or rocket propelled grenades, laughing together and enjoying the race, and the moment has stuck with her ever since. “One of them had his jaw wired shut and his leg in a cast,” she said. “I looked over there and saw them having a good time, and I thought, ‘All three of them could have been killed.’ So, I said to myself, ‘I have to continue to bring these young soldiers here and let them have a good time,’ and now it’s kind of become a reunion for some and a few days of relief for those still on active duty. I just love having them there and watching them enjoy each other. They’ve also become close friends with PCS’s customers who come, which is awesome to see.”

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Boyd made these 40 quilts for soldiers at Ft. Knox.

A Career in Construction For the past 30 years, Boyd has managed Precision Contracting Services with her brother, Bruce, and his wife, Sara. PCS designs, installs, integrates, maintains and documents fiber-optic networks for intelligent transportation initiatives, including adaptive traffic control, connected vehicle technology, dynamic digital signage, electronic detection, CCTV and interdepartmental statewide communication.

Cindy Boyd has spent her whole adult life in the construction industry. Right after graduating from Tennessee High School in Bristol, she went to Alaska and drove trucks for a construction company on what would become the James W. Dalton Highway, a supply road built to support the Trans-Alaska Pipeline System in 1974. The road was featured in the reality television show “Ice Road Truckers.” She would spend 15 years in Alaska with that company, working mostly in warehousing and equipment management. Along the way, she earned a bachelor’s degree in biology from the University of Alaska Fairbanks and considered becoming a pediatrician or a veterinarian. But when presented with a new business opportunity with her brother and sister-in-law, she decided not to commit to the many years and high financial cost of additional education. As it would turn out, she would find an outlet for her compassion later in life as an advocate for veterans. Boyd returned south to Florida three decades ago to start PCS and has been growing

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it ever since. Though she initially didn’t expect to spend her whole career in construction, she looks back with gratitude at the many opportunities it has provided her and the relationships she has with employees and clients, and she is determined to spread the word to young people. She attends job fairs on military bases, has hired numerous veterans, and visits high schools and church groups to let them know that meaningful careers in construction are there for the taking. “The construction industry has been very good to me, so I’m almost like an ambassador for it,” she said. “I’ve been able to work in what was traditionally a man’s field my whole adult life, I’ve been successful at it, and I didn’t need that college degree to do what I’ve done. So, I tell young people that they don’t have to run up student loan debt. There is an industry crying out for dedicated people, and they can do well at it.” Boyd said she doesn’t know what it’s like to be in combat like her boys, but hav-

★★★★★★ “Cindy B. is one of the most genuine, kind, loving and patriotic people I’ve ever met. I’m lucky and proud she’s now my family. Her heart has the ability to always care for others. She’s still going strong, with no slowing down, even 10 years later.” Randal Underhill Soldier who received a package from Cindy Boyd while he was stationed in Afghanistan ing spent many years at remote construction sites in the Arctic, she knows what it’s like to feel isolated and way too far from home. “I just have a lot of sympathy for someone who is in harm’s way and is in a situation where all they have around them is the people they’re serving with,” Boyd said. “Some of them are not hearing from

family members because we have so many families that are not intact, and these guys need somebody to support them. So, if that becomes me, then that’s my job, and that’s my mission, and I’m happy to accept it. I do my best to let them know that somebody cares.” Boyd’s career may be in construction, but her work extends far beyond that, to

foxholes in foreign combat zones and to war-weary hearts at home. Having two jobs can feel a little bit overwhelming, but she never loses sight of how much good one dedicated person can do. “These guys, you don’t have to do something expensive for them,” she said. “Anything you do for them, they appreciate it, and it’s evident in the way they act and in the way they talk to you, and it’s very humbling to affect somebody’s life like that.”

About the Author Nick Fortuna is a freelance writer who has worked for Bloomberg News, Dow Jones Newswires, and the Ocala Star-Banner. He has written about many different industries and the individuals who work in those industries. A native of New Jersey, Fortuna currently lives in Ocala.

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Safety Committee Update

Improve Workplace Safety in 2020 and Beyond BY MARK LIGON AND PHILLIP B. RUSSELL, ESQUIRE

e are honored to continue serving as co-chairs of FTBA’s Safety Committee in 2020. As FTBA launches a new publishing format with this magazine, we also are excited to bring you this column dedicated to workplace safety in the road and bridge building industry in Florida. In coming issues, we will be providing you with hot topics and developments in industry-specific workplace safety and health issues.

This first column is our invitation to you and a call to action. To continue making a positive impact on workplace safety and saving lives in our industry and state, we need to maintain our momentum by continuing to involve safety directors and professionals from as many contractors as possible. We also are seeking active participation from the CEI community and DOT leaders. Safety is everyone’s responsibility and we all can do better with improved and more effective communications regarding workplace hazards and safety issues. The Safety Committee meets every month by either conference call or in-person meetings (at a central place offering easy access for all). We also have a strong showing at the Construction Conference and Convention. In 2020, for the second year in a row, we offered OSHA-10 and SCTPP Certification Preparation classes at the Construction Conference. At every meeting, we discuss hot topics in safety, OSHA enforcement legal issues, technology and training advances, and how we can all continue to make sure everyone makes it home safely. We also discuss specific accidents in the industry and share ideas and lessons learned so that we can help the industry avoid similar accidents in the future. All meetings result in actions for our members and committee participants. FTBA is one of the top state organizations encouraging its members’ employees to seek safety certification training through the Safety Certification for Transportation Project Professionals (SCTPP) program offered by ARTBA. Your Safety Committee has made it a priority to get as many member companies as possible to require SCTPP training and certification. This not just for project

or corporate safety directors. The primary focus for SCTPP training is actually project professionals who are not career safety professionals. So, for 2020, please consider the following business goals that could make an immediate impact on safety on your jobs and in the industry: 1. Send your safety director or someone on his or her team to actively participate in the Safety Committee; 2. Require SCTPP training by your project managers, superintendents, project engineers, and other employees who are not career safety professionals; and

3. S trictly enforce PPE requirements on your jobs (it is true that how someone does the “little” things like wearing their hard hat is likely to also do the big things like trenching and fall protection).

About the Authors Mark Ligon is vice president, safety & risk management, for Vecellio Group, Inc. He can be reached at Mark.ligon@vecelliogroup.com. Phillip B. Russell, Esquire, is an OSHA and employment lawyer for businesses at Ogletree Deakins Nash Smoak & Stewart, P.C. He can be reached at Phillip.russell@ogletree.com.

FTBA Safety Committee Subcommittees Your safety committee consists of a strong group of safety professionals who are leaders in their companies and in the industry. Please go to www.ftba.com/ftba-safetycommittee for meeting minutes, safety articles, and to contact any of these individuals if you are interested in joining the committee.

Marketing and Membership Committee Mandy Kustra Ajax Paving

Resource Development Jamie Bertoch Acme Barricades

Technology

Tim McGrath Travelers Insurance

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Bryan Stone Superior Construction WWW.FTBA.COM

AI Machine Learning 101 What is it, and how do tech tools bring actual value to contractors? BY RYAN ENGLISH TRUCKIT, LLC

hat does the term “Artificial Intelligence” (AI) mean to you? What’s the first thing that comes to mind? For some people, it incites a sci-fi-inspired fear of machines taking over the world as we know it. Others say AI doesn’t impact their profession. I hear all sorts of responses any time AI is brought up in conversation. Granted, none of our jobs are at risk of being taken over by machines anytime soon, but we do need to consider and evaluate the ways in which we can leverage technology to make our industry more efficient and effective. Let’s look at AI for what it truly is. Simply put, AI enables humans to be more efficient and effective. The technology does this by simulating human intelligence as a means of enhancing our existing manual processes. As a result, we’re freed up to focus on areas where previously we were unable to allocate resources. I’d even go as far as to say AI is the driver of our history’s next technological revolution. Not too long ago, a construction executive reached out to talk about improving overall operations by replacing theirs with automa-

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tion. One executive shared a great comment: “I have more visibility into my $10 pizza order than I do my $300 load of #57 Stone.” While this exec’s frustration-fueled comparison isn’t exactly correlated to AI, we get where he’s coming from and what he’s getting at. Translation? He’s in utter disbelief at his company’s inability to leverage technology for the intent of improving operations. Automated dispatch, digitizing paper tickets, accessing real-time insights, leveraging in-depth business reporting and performance insights… the possibilities are endless.

The Here and Now of AI Machine Learning It’s only been within the last five years that construction technology has really started to drive major innovations, many of them leveraging AI and its subset, machine learning. This is thanks in part to the growth of software-as-a-service (SaaS) offerings and mobile apps. While AI refers to the broad concept of machines mimicking human intelligence, machine learning describes instances where ma-

chines are capable of taking information gathered from various data points and user behavior. From there, they predict and maximize outcomes, all without the requirement of reprogramming. That learned information is constantly fed into algorithms. Those algorithms are put in place to constantly monitor the environment, and they’re specifically designed to make decisions that increase the probability of achieving determined goals. Seem complicated and complex? There’s nothing to fear. Machine learning already exists all around you. Whether you’ve noticed it or not, AI machine learning is immersed throughout our day-to-day lives. From automating record keeping for administrative assistants to optimizing laparoscopic surgery, machine learning is leveraged across every type of professional task. A few examples: Plugging a destination into your favorite GPS app. Your email inbox spam filter working quietly behind the scenes. Even weather projections become more accurate thanks to machine learning technology. And in an industry where we live and die by the

weather, the insights afforded by machine learning’s predictive modeling have a meaningful impact on our ability to plan and execute. There are countless daily-use applications built on the foundations of AI and machine learning. But it’s the construction industry in particular that’s uniquely primed to reap the most benefit. Consider the results of the 2020 FMI Industry Report (found at www.procore.com/fmireport). Among the report’s more salient findings were the top three industry concerns: 1) maintaining a safe jobsite (66%); 2) attracting and retaining skilled labor (57%); and 3) maximizing field productivity (52%). Nevertheless, the construction industry remains slow to adopt tech-driven solutions that address these concerns. The report goes on to further support this claim by citing 68 percent of respondents stated technology has or will play a significant part in “sustaining superior financial performance.” Meanwhile, only 26 percent reported actually using construction-specific software to address hiring and retention, and less than half (41%) reported usWWW.FTBA.COM

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ing technology to maximize field productivity. Technology is being used to solve both these challenges in other industries, so why not ours?

AI: 11 Reasons Why We’ve stated it once, but it warrants readdressing. One of the most common concerns associated with machine learning is that it will eliminate the need for human involvement within any given job. The reality? AI machine learning is strategically developed with the goal to enhance our existing processes, not to replace them. As a result, we’re able to focus our efforts in areas that no robot can execute – AI helps ensure we’ve reserved the best parts for us! Through all this, we create opportunity for expanded productivity. Still not convinced? Take these 11 reasons into consideration: 1. Preventative servicing on equipment. By combining equipment-usage data, environmental conditions, global equipment failure rates, and maintenance records, AIenhanced technology easily can calculate the correct service schedule for equipment, preventing unscheduled downtime. 2. Analyzing job safety. Safety is the top priority in the construction industry. Fixed or drone cameras allow computers to quickly identify safety issues. By teaching the technology differences between a safety issue and a false-positive, you can quickly establish an on-site safety-monitoring solution. 3. Dump truck dispatch optimization. Until recently, there hasn’t been a great deal of innovation when it comes to dispatching dump trucks. Even though we now communicate with our drivers via text, the process of optimizing scheduled or intra-day dispatching hasn’t improved much, if at all. Machine learning can have a massive impact on our fleet management, matching available trucks to geographically relevant jobs. 4. Automated dispatch. Wouldn’t it be nice to automatically assign trucks based on the day’s job orders? Using machine learning technology, auto dispatch is not only feasible, it’s a reality. This technology assigns loads based on expected traffic (pick-up or drop-off locations), as well as minimizing empty hauls and other driver inefficiencies. 5. Trucks/job allocation. Machine learning technology also can forecast how many trucks you will need on a job and adjust

over time based on data mined from project yields, routes, and other similar jobs. 6. Stockpile management. Large construction projects have many moving pieces and thousands of tons of product inventory. Machine learning helps determine when various materials need to be pulled from storage and available at the site, leading to smoother and more efficient operations. 7. Analytics and reporting. By collating data points from multiple construction jobs, machine learning software can determine patterns, recurring issues, and cost overruns to help project managers find and reduce potential bottlenecks before they happen. Fewer slowdowns translate into higher productivity, lower costs, and a smoother workflow. 8. Preventing cost overruns. I recently read a post that said 90 percent of construction projects have cost overruns. It’s these overruns that give the construction industry a black eye with the public. Technology allows us to apply previous learning at both the bidding phase and during the construction phase so we can better calculate and monitor project costs. And, because the software is continuing to make changes based on fresh data points, changes can be made in near real time to enhance productivity and stay on budget. 9. P roject scheduling/planning/management. Do you factor in seasonal effects when putting together project schedules? Machine learning solutions have and can make sure you are properly estimating project timelines. 10. Self-operating and self-driving construction machinery. Heavy equipment with self-driving/operating capabilities isn’t far off. In fact, these machines are being used in large, commercial construction sites today and will become more commonplace as the industry continues to struggle with labor shortages. Not only do these autonomous and semi-autonomous machines speed up repetitive tasks such as pouring concrete or demolition, they free up employees to focus on complex construction tasks. 11. Building information modeling. 3-D modeling gives building lifecycle stake-

holders greater insight, especially during the initial planning phases, by allowing them to see architectural, engineering, mechanical, electrical and plumbing plans. It also can detect and prevent work clashes (and rework) early on. What does the future hold? One thing is clear: Our industry is at odds with itself. It’s no secret that we are well behind adopting tech. When it comes to utilizing AI and machine learning in the construction industry, it’s time to fish or cut bait. Other industries, such as manufacturing, are already using it to their advantage. For machine learning to truly work across the industry as a whole, construction companies of all sizes need to begin adopting these technologies now. And they’re more readily available than most construction professionals are aware. Our challenge? The coming years will determine whether our industry remains a global economic leader, or if we continue engaging in a never-ending game of catchup. The future of construction technology is in our hands. How will you support its evolution?

About the Author Ryan English serves as chief growth officer (CGO) for TruckIT. He has an MBA from Regis University and a B.S. from the University of Alabama. TruckIT is a comprehensive hauling management software for contractors and haulers alike. With offerings such as paperless ticketing and GPS real-time insights, TruckIT is revolutionizing on-demand hauling, fleet management, and dispatch management through proprietary mobile and web applications. Learn more at truckit.com. WWW.FTBA.COM

America’s Choice for Marketing and Communications

Succession Planning:

GETTING READY TO PASS THE TORCH BY SHARLENE FRANCOIS LAIRSCEY QUEST CORPORATION OF AMERICA

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Strategic Communications Work Force Development Public Engagement Compliance Creative Graphics Website Development Videography

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eading with love matters, and when your company is preparing for the future, succession planning should be at the heart of the organization. Quest Corporation of America, Inc. (Quest) was a startup company in 1995, and now as we celebrate our 25th year in business, we must also prepare for the next 25 years. Succession planning is critical to ensure your company is prepared for the future. I believe it starts at the top. Not only was it my responsibility to establish a clear guide for advancement, encourage team members to plan for internal growth, and to build loyalty, but also, as owner/president/CEO of a DBE/MBE/SBE/WBE business, I knew it was about filling my position first. Our employees are happy, and it is the desire of our associates to keep our business moving forward. As you can imagine, I did not want to mess with that. At our 20-year mark, our grooming process began. I was open and honest with my strongest performers, who deserved to know where their careers were heading. I introduced the idea of a Leadership Launch Team where each of us would identify our replacement, then serve as mentors. What I didn’t want to do was to overburden my managers, try to do too much at once, or confuse replacement planning with succession planning. When it comes to finding your replacement, remember that your highest-potential employees will be lifelong learners who are both selfaware and socially aware. They’ll also be great problem solvers, adaptable and able to take on more responsibility. You are looking for solid performers at every level of your organization. Also, it’s good to know that senior leadership must forcefully advocate for it, and all parties must be held accountable. I wanted a culture of continuous employee learning and development that gives our people the possibility to thrive. At Quest, our succession planning is an ongoing effort. Since 2015, our plan has been a living, breathing thing that gets reviewed and refreshed on a regular basis. It’s a process that once you start, you need to continue.

In breaking it down, it is important that you know who you are as a company. Our vision is to become the nation’s premier provider of strategic communications services. I see succession planning as a chance to engage and advance a workforce that is committed to our organization’s values and vision. Our employees are the backbone of our company, especially the ones who do a good, solid job, day in and day out. I want to form a pipeline of amazing people ready for new roles. Next, we looked at the entire organization. We identified key positions and key employees, recognizing that sometimes key employees are not in upper leadership but in support positions. Next came strategy. Did we want a complete succession plan that included every position and employee in the organization? Or, did we want a plan that covered only upper management and other important leadership positions? For us, it was the latter. What was our goal? First and foremost, it was to protect the company should something ever happen to me. In 2018, my daughter Jessica Francois became an equal partner and is committed to the business and our daily operations.

Now it was time to identify our rock stars. We identified key positions and found a few employees who would make good successors for each of those critical roles. We look at employee performance objectively, and we communicate openly and honestly with everyone. Today, our Leadership Launch representatives, together with my management team members and other key personnel, meet monthly to share progress and lessons learned. It’s fluid, but I can assure you that I have a loving group of individuals who are preparing the workforce of tomorrow. All we needed was a plan, a road map, some courage and a little bit of love.

About the Author Sharlene Francois Lairscey is president/owner/CEO of Quest Corporation of America, a woman-owned communications firm with over 20 years of experience providing public involvement, outreach services, and marketing and communications products to complex and controversial projects of every size. She can be reached at (866) 662-6273 or sharlene@QCAusa.com.

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POLLUTION CONCERNS

for Street, Road and Paving Contractors BY NICK AMARO BOUCHARD INSURANCE, A MARSH & MCLENNAN AGENCY LLC COMPANY

Contractors working to build, repair, pave and maintain roads often are faced with pollution exposure concerns, many of which may not be covered under a GL policy. Exposure considerations include:

for which they would be responsible. Not all pollution policies provide coverage for this important exposure.

Disturbing or Exacerbating Existing Pollutants

Many claims faced by street, road and paving contractors stem from the materials at the site and the actual work being performed. Exposures of this type can take two forms: 1. Pollution conditions caused by materials the contractor brings to the site, such as fuel for heavy equipment; and 2. Pollution conditions caused by the operations themselves, including tack coat runoff in sudden storms or erosion causing silting of streams and fish kills, etc.

When a contractor works at a site, they run the risk of uncovering existing pollution problems. This can happen in many ways, including digging into an unknown pocket of contaminated soil, disturbing an old storage tank, or simply cutting a poorly marked utility. While it would seem that the contractor should not be held responsible for this, under certain federal and state laws, they can be. At the least, the contractor is often drawn into the situation, incurring significant expense in defending a pollution-related loss that might otherwise not be covered.

Naturally Occurring Substances Many substances that are considered pollutants occur naturally in the soil. Asbestos is a prime example. Contractors working in parts of the country where these substances are found need to be aware that disturbing these materials can lead to pollution claims 32

Job Site Pollution Caused by the Contractor

The Operations of Subcontractors for Which the Contractor is Responsible Many times, street and road contractors will hire subcontractors to do installation of utilities, curbing or concrete work, etc. Obviously, the contractor will require them to carry their own insurance and name the contractor as an additional inured. What often happens, however, is the sub will not carry adequate environmental coverage. If they cause a pollution condition,

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and their coverage is inadequate, the street and road contractor may be in a position of having to defend themselves against claims relating to work for which they were responsible due to their hiring of the sub.

Over-the-Road Pollution All street and road contractors transport heavy equipment, tack coat, asphalt and other materials over the road. An accident on the highway may lead to expensive clean up and third-party losses. Coverage available through the auto policy may be quite limited.

Contractorâ€™s Owned Premises Exposures Most street and road contractors have significant property used to store and maintain their equipment. These facilities can range from simple field storage of machinery to those facilities with maintenance bays, bulk fuel storage, body shops, etc. Any property where equipment is stored runs the risk of being contaminated from spills, rain runoff and simple long-term exposure. For many contractors, this property represents a significant equity position. Losses from this type of exposure can include cost of cleanup, diminution of property value and third-party bodily injury.

Contractor’s Professional Liability Exposures

Claims Examples Street and Road Contractor – Hydraulic Fluid

During construction activities, a crane that was used to lift concrete barriers overturned. The accident ruptured the crane’s hydraulic hoses, spilling all its fluid onto the ground. The contractor was required to pay clean-up costs from the spill.

Street and Road Contractor – Petroleum-Impacted Sediment

Inadequate erosion-control measures implemented during construction of a highway overpass abutment resulted in the deposit of petroleum-impacted sediment into a pristine waterway. The street and road contractor was required to pay for clean-up costs and natural resource damages.

Street and Road Contractor – Diesel Fuel

A paving contractor was hired to repave a 25-mile section of highway. During the project, one of the contractor’s dump trucks accidentally backed into and ruptured a mobile refueling tank, and 300 gallons of diesel fuel were released onto the surface and into a nearby storm drain.

Contractors often have exposures for professional liability, either from operations they perform or those performed by entities working on their behalf. They may perform operations themselves that expose them to professional claims, including job site modifications, selection and supervision of subs, adhering to local codes and ordinances, etc. Contractors also may be brought into claims arising from subcontracted design, construction management and project delivery methods. While some of these concerns may be addressed as “means and methods” under the GL form, and thus excluded in part from this professional coverage, it is important for contractors to consider these exposures and understand where they are covered.

Street and Road Contractor – Asphalt Sealer

A paving contractor transporting asphalt sealer to a job site overturned and spilled its load into a creek requiring clean-up and remediation. The claim was covered under the transportation pollution coverage provided by the contractor pollution policy. The pollution policy paid $180K for the cleanup.

Street and Road Contractor – Fuel Release

A paving contractor was subjected to cleanup costs after vandals opened an on-site mobile refueling tank, causing diesel fuel to be released onto virgin soil.

Street and Road Contractor – Soil Erosion

About the Author

During the development and construction of a new highway, excessive soil erosion and site runoff from the work site contaminated a local creek. Several local groups filed suit against the road builder alleging the defendant violated the Clean Water Act and state water statutes.

Nick Amaro is senior vice president at Bouchard Insurance, a Marsh & McLennan Agency LLC Company, where he began his insurance career in 1994 as a sales executive in the Property & Casualty Division, with his area of expertise being in the construction industry. He can be reached at (727) 451-3136 or NickAmaro@BouchardInsurance.com.

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Construction in a

Digital Era 2020 FTBA Construction Conference delivers education and lots of fun BY CODY SMITH

he 2020 FTBA Construction Conference, held at the Hyatt Regency in Orlando from February 5-7, provided members a wealth of educational opportunities mixed with a lively exhibitor showcase and plenty of networking opportunities. FDOT Secretary Kevin Thibault helped kick off the conference with an important message that certainly resonates with FTBA members: the continued need for a focus on safety. “I challenge each and every one of you to make sure we develop projects with maximized safety measures in place,” Thibault said. “We need to ask what things we can do collectively to move the needle with safety.” Keynote speaker Scott Burrows, a former Florida State University wide receiver and kickboxing champion, brought members to their feet as he told his story of “Vision, Mindset, Grit.” Burrows was involved in an automobile accident that left him paralyzed from the chest down. He began his keynote sitting in a wheelchair, and as he told his story and described months of rehabilitation, family support and determination, he slowly stood from his chair and finished his speech to a standing ovation. Education sessions delivered information on a wide variety of topics important to FTBA members, such as technology, OSHA regulations, and managing today’s workforce. The “Technology Disruptors in the Construction Industry” session looked at new technology and trends impacting the industry. Doug Couto, senior fellow, center for the Center of Digital Government and eRepublic, Inc., moderated the session, which included conversations about drones, augmented reality, virtual reality, smart cities, artificial intelligence, machine learning and more. Ron Perkins, president of Jobsite Tech Group, discussed the applications of drone technology. He described how drones could be used to create photos, permanent records and metadata for both physical and virtual construction, particularly for virtual design construction programs. However, Perkins cautioned the overuse of technology for technology’s sake. “Where we’re getting to really fast is a place where we won’t be able to keep up,” Perkins said. “There’s so much data you’ll need help to analyze and make sense of it.” Phillip B. Russell and Dee Anna D. Hays, attorneys with the Ogletree Deakins firm who focus specifically on OSHA law and are members of the FTBA Safety Committee, presented “OSHA’S Multi-Employer Citation Policy: Who Can OSHA Cite on a Construction Jobsite?”

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In addition to providing attendees information about legalities of multi-employer citation policies and using workplace violence and heat exposure examples, Russell and Hays provided important information about preparing for an OSHA inspection. It is important for contractors to establish a chain of command, determine if counsel will be present for the inspection, and have pertinent documents on hand. Russell also suggested stopping work before OSHA arrives. “OSHA can site you for anything they see on a jobsite when they arrive,” Russell said. “It’s a best practice to stop work before they arrive. If they ask for demonstrations of equipment, don’t do it. It is not required. And keep a copy of everything you give to OSHA.” Dan Hurtado, director of the Office of Construction at the FDOT, kicked off the “Disputes Resolution” session with strategies to amicably resolve conflicts. “Listen quickly, speak slowly and be slow to become angry,” Hurtado said. “This isn’t an educational session; these are lessons taught

at school or by your grandparents. If we cannot resolve these conflicts quickly and get our job sites working, it’s bad for all of us.” The role of dispute resolution boards (DRBs) dominated the section lead by Rammy Cone of ARC Construction Services, Inc. Cone stressed how DRBs want to resolve disputes as quickly as possible and then devoted his time to an interactive Q&A to discuss DRBs. A pointed member question prompted a deeper dialogue about DRBs not getting too involved or advising on dispute resolution. Dan Lever, senior counsel for Clyde & Co, analyzed how to mitigate risks of electronically stored information (ESI). He described ESI considerations for potential litigation, particularly FRCP 37(e) sanctions, as well as how companies illegally destroy ESI before litigation. The “Workforce Development” session addressed one of the industry’s top priorities: filling the growing unemployment gap. Speakers provided solutions through their own services, including OnBoard4Jobs Construction

Careers, the Prison Inmate Transition Program and the M-CORES Statewide Workforce Development Program. The Prison Inmate Transition Program segment elicited the most engaged audience participation of the session. OnBoard4Jobs partners with the Florida Department of Corrections to give prison inmates the chance to work in construction as part of the department’s greater program to train inmates in industries. Attendees asked about a specific road or transportation track for the program, and Dana Collier of the Department of Corrections said such a program is in the works. “This is a potential to marry two agencies: the Department of Transportation and the Department of Corrections,” Collier said. Fellow Department of Corrections representative Adam Ryalls and Amy Lee Diel of Quest Corporation also answered questions and welcomed feedback. Look for more in-depth stories on these sessions and more in upcoming issues of Florida Transportation Builder.

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YO U R J O H N D E E R E C O N S TR U CTI O N E Q U I PM E NT D EA L E R I N C E N T R A L & S O U T H F LO R I DA

Dobbs Equipment is a leading John Deere construction equipment dealer in central and south Florida also offering a complete line of Hitachi, LeeBoy and FINN products. We believe in partnering with our customers because the better we know you, the better we can serve you. We invest our time in understanding your business and equipment needs. You can depend on us for great advice and a long term partnership where our primary goal is to make your business successful. See us for: • The highest quality new, used and rental equipment in the industry • Extensive high quality parts inventory - new, used and manufactured - all certified, inspected and guaranteed • The highest quality, most knowledgeable and industry leading product support team • 24/7 emergency parts and service support • Factory certified remote machine monitoring* • No charges for mileage, labor or travel time for all warranty related field service calls related to basic manufacturer’s original warranty** * telematics subscription required ** terms and conditions apply, consult dealer for details

(844) 4 MY DOBBS | www.dobbsequipment.com Fort Myers 3005 Hanson St. Fort Myers, FL 33916 239.334.3627

Miami 4343 NW 77th Ave. Miami, FL 33166 305.592.5740

Pompano Beach Parts 1751 Copans Rd., Unit 8 Pompano Beach Fl 33064 954.977.9541

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Sarasota Parts 6265 E Sawgrass Rd. Sarasota, FL 34240 941.960.2004

West Palm Beach 3933 Martin Luther King Jr. Blvd. West Palm Beach, FL 33404 561.848.6618

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Welcome, New Members

FTBA: Built on the Success of its Growing Membership

TBA is proud to serve its contractor, associate and affiliate members by providing one collective voice before the Florida Legislature. FTBA works with various agencies, including the Department of Transportation and Federal Highway Administration, as well as the executive branch, to keep them informed of the needs and concerns of the transportation construction industry. We are thankful for our members and the value they bring to the association and industry. In 2019, we welcomed the following new members. Please welcome them when you see them at upcoming conferences or other FTBA events.

Contractor Members AG North America LLC Atlantic Paving Co., Inc. Hazen Grooving & Grinding, Inc. Mack Contracting, LLC PAW Demolition Persant Construction Co., Inc. Petticoat-Schmitt Civil Contractors, Inc. Roy Jorgensen Associates, Inc. Shelby Erectors, Inc. The Collage Companies

These companies joined FTBA in 2019. In future issues, we will feature our new members who have joined us within that quarter.

Associate Members

Affiliate Members

Chen Moore and Associates CHW EHM Florida Coast Equipment Florida Concrete & Products Association Florida Roadway Signs, Inc. Hanes Geo Components IA Aerial Photography KCI Technologies, Inc. Lengemann Corporation Mega Trucking Ram Tool Construction Supply Seminole Petroleum SITECH South LLC SSI Petroleum Torres Electrical Supply Company, Inc. Troil South LLC Tropic Oil Company

B2W Software BTU Research Commercial Insurance Marketing Group Cotney Construction Law Florida Polytechnic University Global-5, Inc. HAYS Recruiting Experts in Construction Hill Ward Henderson Hub International Info Tech, Inc. LaborMAX Staffing Orlando Spot On Performance, LLC Stahl & Associates Insurance, Inc. Sterling Seacrest Partners Trelar Logistics, Inc. TruckIT

Ajax Paving Industries of FL, LLC NORTH VENICE OFFICE TAMPA OFFICE One Ajax Drive 5100 W. Lemon St. STE. 106 North Venice, FL 34275 Tampa, FL 33609 (941) 486-3600 (813) 769-1990

FORT MYERS OFFICE 13350 Rickenbacker Pkwy Fort Myers, FL 33913 (239) 936-9444

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Thank You, Advertisers A Plus Training by Ron Henley, LLC ��24 www.aplustrainingbyronhenley.com Advanced Drainage Systems, Inc. ��15 www.ads-pipe.com Ajax Paving Industries of Florida, LLC ��37 www.ajaxpaving.com Americut Diamond Grinding and Grooving ��14 www.americut.com Beard Technology Solutions ��19 www.beardtechnologysolutions.com Bedrock Resources ��38 www.bedrockresources.com Central Florida Transport, LLC ��22 www.cfltransport.net Consolidated Pipe & Supply Company, Inc. �� Outside Back Cover www.consolidatedpipe.com Dixie Lime & Stone Company ��14 www.dixielime.com Dobbs Equipment LLC ��36 www.dobbsequipment.com Dura-Stress, Inc. ��38 www.durastress.com Florida Precision Tool ��Inside Back Cover www.floridaprecisiontool.com Foundation Technologies, Inc. ��4 www.foundationtechnologies.com GRL Engineers, Inc. ��24 www.grlengineers.com

Highway Systems Incorporated ��36 www.highwaysystemsinc.com

Thompson Tractor Company, Inc. ��15 www.thompsontractor.com

IA Aerial Photography ��38 www.panamacityaerialphoto.com

TruckIT ��28 www.truckitapp.com

Kelly Tractor Company ��Inside Front Cover www.kellytractor.com

White Rock Quarries ��24 www.wrquarries.com

Linder Industrial Machinery Company ��6 www.linder.com Mack Concrete Industries ��31 www.mackconcrete.com Martin Marietta Materials, Inc. ��37 www.martinmarietta.com Nielson Hoover & Company ��8 www.nielsonbonds.com Peckar & Abramson, P.C. ��33 www.pecklaw.com Pevida Highway Designers, LLC ��11 www.pevidahighwaydesigners.com Port Consolidated, Inc. ��23 www.portconsolidated.com Preferred Materials, Inc. ��18 www.preferredmaterials.com

Construction Site Photography Aerial Documentation from collection through completion GIS Services Oblique Aerial Photography

Quest Corporation of America, Inc. (QCA) ��30 www.qcausa.com R. H. Moore & Associates, Inc. ��18 www.rhmooreassociates.com Ring Power Corporation ��3 www.ringpower.com Sunshine State One Call of Florida, Inc., DBA Sunshine 811 ��19 www.sunshine811.com

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ServiceS WE OFFER: • Calibration and Repair of Torque Wrenches • Hydraulic Cylinder Repair and Certification • Skidmore Bolt Testing • Skidmore Calibrations • Impact Wrench Repair

Pipe Pile We offer various types of fabrication for all piling accessories, as well as splicing, wheelabrating, beveling, grooving, and threading for any specific application. CPS offers an inventory from 6 5/8" OD through 48" OD structural carbon steel pipe. Our welders are certified, and our procedures are performed to AWS D1.1 and AWS D1.5 specifications. Mill Test Reports are on hand if required, supplemental testing provided upon request, and on-site testing is available from Consolidatedâ€™s team of specialists. Our Bessemer, Alabama yard consists of 25,000 tons of predominantly ASTM A252 and ASTM A500 grades of pipe.

Sheet Pile We are a supplier of both hot rolled and cold formed sheet pile available for purchase or rental. Inventories include ASTM A572, A588, and A690 to grades 50 and 60. Cast steel end protection can be attached to our sheet pile with a minimum of weld. This prevents tearing and leakage and provides for maximum salvage. Reinforcing pile ends makes for optimum penetration into any soil, which is especially beneficial when obstructions are anticipated.

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H-Pile We currently stock 10- and 14-inch sizes of ASTM 572 Grade 50 H-pile. Point attachments, mechanical splicers, and all of our Consolidated Pipe and Supply specialty coatings are available for use on all H-pile. Consolidated Pipe H-pile features APF Hard-Bite point with integrally cast cutting teeth that typically allows for maximum penetration by breaking through debris and boulders. These teeth cut into ledge rock for full bearing and are optimal for finding secure toe-hold on rock.

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