Utility & Transportation Contractor August 2021

Utility & Transportation

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D'Annunzio & Sons, Inc. Begins 5th Decade With Next Generation

AUGUST 2021

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Remembering Joe Walsh

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t the time of this writing, it has been two days since we learned of Joe Walsh’s passing and Dave Smith and I are still in disbelief as we gather our thoughts. Words are inadequate to express the magnitude of this loss, and it is hard to even begin to reflect on Joe’s impact to the industry, to the UTCA, and to Dave and me personally.

To say that Joe was a captain of industry would be an understatement. He was the CEO of J. Fletcher Creamer and Son, a two-term UTCA President who served on the Board for over 25 years, a Laborer’s Fund Trustee, and a tireless advocate for the construction community.

He was a brilliant businessman and builder, a thought leader, and a mentor, and as anyone who knew Joe will tell you, no matter how high up the ladder he rose he remained humble, funny, and accountable to his commitments.

Joe’s work in the infrastructure field and in the policy world not only benefited the construction industry, it made New Jersey a better place to live. His vision and persistence advanced countless industry objectives including increasing resources to enable all residents to have access to clean, reliable water, and a safe and efficient transportation system which all resulted in a greater quality of life for all of us.

In so many ways, Joe was more than a colleague; he was a friend and confidant whose decades of partnership and counsel meant more to us, and our industry, than we could ever express. As a board member, he pushed us to think big and work hard for transformative change.

As an executive, he showed us how to lead by example and truly connect with everyone, be they allies or competitors. As a friend, he was thoughtful and generous with his insight and his laughter, and we are all better for having have known him.

Joe was taken far too soon from this world and our hearts are heavy with his absence.

It is hard to find grace in the face of such an abrupt departure, but I hope you will join us in keeping his wife, Dawn, and sons, J.T. and Andrew, in your thoughts and prayers as they navigate this tragic time.

Dave and I feel privileged to have called Joe our close friend and to have worked alongside him for much of our careers. His extraordinary dedication, spirit of service, and commitment to community left an indelible impact on all of us, and his memory will continue to inspire our work. Rest assured, in the coming months we at UTCA and our Board will be deciding on a path to permanently remember Joe’s spirit and contributions to the industry that he so loved.

Bob Briant, Jr.

Dave Smith

CEO President UTCA Mount Construction

president’s message

From the desk of: dave smith

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s I prepare my final Presidents message, I find myself reflecting on the past two years and comparing it to my original term in 2010–2011. Like many UTCA presidents before me, I think much about all that we accomplished, how we served our industry, and how I will continue this work as a Past President. The leadership roll makes time fly, and passion for the work, being extremely busy, and many other themes apply here.

I will continue to be involved in and support our industry and Roly during his term. Roly is a friend, he is incredibly prepared, and he will no doubt be a strong champion for our industry. His passion for the UTCA runs deep, and that enthusiasm will serve him well as he takes up the mantle of Chairman of Board.

Over the past few years, relationships extremely important to the industry have grown strong. The Association has structure and solid leadership under Bob Briant, Dave Rible and Dan Kennedy, along with its Board, and I am confident our organization will enjoy steady growth for years to come.

Providing a consistent, fair and level playing field from pre-qualification to bid day and through the execution of the project is always at the forefront of our goals. I am proud of our work over the past two years to improve conditions for contractors and to facilitate a robust climate for construction.

However, not one of our accomplishments is mine alone. The incredible team that represents our industry is as passionate about our causes as we are.

Bob Briant, the entire staff, and the Board of Directors have expertly represented our industry for years. My executive committee has been highly involved and I was incredibly fortunate to be bookended by Joe Walsh as the past president and Roly Acosta as the future president. We have, with continuity, worked closely since 2018 on issues and goals that took, or will continue to take, many years to come to fruition.

I must thank the entire UTCA Team led by Bob Briant including Dave Rible, Dan Kennedy, Zoe Baldwin, Dan Neville, George Lobman, Helene Nasdeo, and Lauren Hagan for their incredible effort on the Industry’s behalf.

I will continue my efforts on behalf of the industry with the UTCA and with our national association, ARTBA. I truly believe that times of tremendous opportunity lay just ahead.

Unfortunately, as part of my final message I write of my true friend Joe Walsh.

We lost Joe suddenly and far too soon.

We are as an industry, not as good today as we were yesterday having lost him. Joe was not only a great husband and father, he was an icon of our industry for decades. He was my friend and in some ways, a mentor. Although we were not far apart in age, I truly believe his regular counsel made me a better person. You will be missed my friend, but never forgotten. Your legacy requires that and we will ensure it.

Best regards,

Dave Smith 2 Utility & Transportation Contractor | august | 2021

CONTENTS

Cover story 50 D'Annunzio & Sons begins Fifth Decade

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DEPARTMENTS

FEATURES

2 7 13 21 27 35 45 69

62 The reinforced earth company celebrates 50th

President’s Message

Anniversary

Financial Overview Legal Dig Accounting Corner

NEWS

Legislative News

75 key factors to consider for your next employee benefits

safety perspective labor relations

81

renewal New prince concrete construction completes main street makeover

87 remembering ed ciel and mike renda

the pipeline

97 2021 scholarship recipients

Published Bimonthly During 2021

1670 Route 34 North Farmingdale, NJ 07727 PO Box 728 Allenwood, NJ 08720 PH: (732) 292-4300 FAX: (732) 292-4310 www.utcanj.org

Publisher: Robert A. Briant, Jr. Editor: Helene Nasdeo Editorial Contributors: Dan Kennedy, Zoe Baldwin, Dan Neville Advertising Manager: Helene Nasdeo Production/Graphics: Lauren Hagan, Helene Nasdeo Circulation: Helene Nasdeo Printed By: American Plus Printers Affiliations: ARTBA, Clean Water Construction Coalition, Water Infrastructure Network UTILITY AND TRANSPORTATION CONTRACTOR (ISSN 0192-4843) is published six times a year by the Utility and Transportation Contractors Association of New Jersey, 1670 Highway 34 North, Farmingdale, NJ 07727. Periodical postage paid at Farmingdale, NJ and additional mailing offices.

POSTMASTER: Send address changes to UTILITY AND TRANSPORTATION CONTRACTOR, PO Box 728, Allenwood, NJ 08720.

Utility & Transportation Contractor | august | 2021 3

By: mike meyers, mountain hill investment partners

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ompanies offering 401(k) plans should ensure that the plan truly benefits employees. A solid retirement plan can be an excellent way to attract and retain the best employees. Ignoring your 401(k) plan, however, can come back to harm you with potential liability exposure, litigation by participants, or penalties from the Department of Labor (DOL). With this in mind, it is important to take a pro-active approach and correct aspects of the plan where you may have risk in a timely matter. Apart from this litigation risk, your employees deserve a great 401(k); take these four action steps to optimize your offering to them.

1. Hire a trusted co-fiduciary advisor who shows up: Plan sponsors need to be diligent in choosing the right advisor for their plan. Advisors serve as co-fiduciaries and take several steps to ensure that your plan is healthy. You should expect your plan advisor to review the overall health of the plan on a regular basis and meet with you quarterly to report on various metrics such as plan participation rates, employee savings rates, and asset allocation. Your advisor should be easily accessible to employees and advise them in group and individual settings tailored to their needs.

2. Focus on fees: One of the most basic fiduciary duties is to make sure plan fees and expenses are reasonable. Like many other aspects of overseeing your 401(k), it requires regular attention. You should expect your advisor to meet with you quarterly to benchmark fees and expenses, especially if your plan has rapidly changing demographics or fast-growing assets. This applies to the investment

options in the plan but also to your record keeping expenses.

If your fee structure for record keeping is based on the value of the plan, your record keeper will make more money as assets grow, even if the number of accounts it manages stays steady. It’s worth taking a look to understand if you can restructure the fees so they’re either based on headcount or capped entirely. When assets grow, so does your leverage to lower costs.

3. Add auto enrollment and deferral features: Auto-enrollment and auto-deferrals are great features for plans with low participations rates. Typically, employees have the option to enroll in the company 401(k). In this case, the default option is to have employees act to opt-in to the plan. With an auto-enroll feature, the default option is to be enrolled in the plan and opting out requires action. Low participation can come from many factors but sometimes it is as simple as human error; employees lose the enrollment paperwork, forget about the email alerting them to join, or simply cannot log in to the website. We’ve seen it all — even plans with generous matching contributions can fail to drive participation. A report from researchers at Vanguard titled “Automatic Enrollment: The Power of the Default” found that:

Financial overview

four action steps to optimize your 401(k) plan

“Automatic enrollment triples the participation rates among new hires. Over the entire period of our study, the participation rate for new hires was 91% under automatic enrollment versus 28% under voluntary enrollment. After three years, 92% of participants hired under automatic enrollment were still participating versus 29% of participants under voluntary enrollment.”

Beyond just enrollment, consider a meaningful automatic deferral rate such as 6% with an automatic escalation feature of 1% capped at 10%. Often, participants do not feel the small difference in each paycheck due to these automatic escalations, yet over time, this feature can have a tremendous impact on their balances.

4. Diversify your financial wellness offering — one size does not fit all: Demographics are important when it comes to retirement advice and financial wellness. For example, despite the financial stresses of 2020, a recent Hearts & Wallets survey found that near retirees are now considering earlier retirements. The survey found 38% of people 54 or under plan to stop working in the next five years.

For those close to retirement who have done the saving already,

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Financial overview

financial planning, health insurance, taxes, and social security are likely what’s top of mind for them.

Another survey done by Capital Group comprised of 1,200 people (Millennials, Gen X, and Boomers were represented roughly equally) found that Millennials reported higher levels of confidence than other generations surveyed. Just 20% of Millennials expressed doubt that they would have enough for a comfortable retirement by the time they stopped working. Almost half say they will only need $500,000 to retire comfortably. They are underestimating their needs by quite a bit in my view. For this younger generation, discussions involving projections for the future of their savings, potential benefits of the Roth 401(k), and asset allocation are important.

These two demographics are vastly different and require distinct advice and education. General education and financial wellness topics in a group setting is fine but your plan must go further if you want employees to achieve great retirement outcomes. You

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should expect your advisor to seek out these different groups and tailor the financial wellness offering to them in a focused manner.

My firm is an advisor and co-fiduciary to corporate 401(k) plans in the construction industry. We work with many UTCA member firms to build education programs designed to engage employees and provide them with the knowledge to create positive outcomes in their financial lives. Employees are counting on your firm’s 401(k) plan to provide for them in retirement; call me at (732) 291-3338 for more information or to schedule a plan review.

Mountain Hill Investment Partners is an SEC Registered Investment Adviser. We have a clearing and custody relationship with Fidelity Brokerage Services LLC, Member NYSE/SIPC.

By: adrienne l. isacoff, esq., florio, perrucci, steinhardt, cappelli, Tipton & Taylor LLC

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laims in construction disputes often involve multiple parties: the owner, the contractor or construction manager, the architect or engineer, and subcontractors and suppliers. Typically, contractors have entered into contracts with the owner and their own subcontractors and supplier. This is known in the law as being in privity of contract. But contractors most often do not have contracts with the design professional. The owner generally has separate contracts with its design professional and with the contractor (unless the project is design-build). When a dispute develops, the contractor may want to either file suit or file an arbitration claim against the design professional, but then runs into roadblocks because it is not in privity of contract with that party.

Claims against design professionals for economic loss will be prohibited by the Economic Loss Doctrine The frustration felt by contractors is that the design professionals are responsible for drafting plans and specifications, reviewing payment applications, issuing change orders, and other duties that directly impact the ability of the contractor to perform its scope of work.

If design deficiencies or failure to discharge administrative duties cause purely economic losses, such as delays to the construction schedule or costs to remedy work, the contractor will generally be prohibited from asserting a claim against the design professional due to the “Economic Loss Doctrine.”

Since the contractor does not have a contract with the design professional, it would have to assert a cause of action against the design professional based in tort, e.g., negligent preparation of plans and specifications. Obligations imposed by law are tort obligations, rather than contractual obligations. Misfeasance or negligent conduct in the performance of a duty may subject an architect or engineer to tort liability for physical harm to persons or tangible things. For example, a person who suffers physical harm as a result of the negligent preparation of specifications may sue the architect for negligence even though there is no contractual privity between the parties.

However, New Jersey courts have adopted the Economic Loss Doctrine to bar tort claims if the damage is purely economic. In Saltiel v.

GSI Consultants, Inc. 170 N.J. 297 (2002), our State’s Highest Court emphasized that there is no duty to exercise reasonable care to avoid intangible economic loss to others that does not arise from tangible physical harm to persons and things. Several more recent cases have discussed this principle in the context of design professionals.

In Horizon Group of New England, Inc. v. New Jersey School Construction Corp., 2011 WL 3687451 (App. Div. 2011), the court

barred economic claims against an architect based on negligence.

The architect had a contract with the State for both design and contract administration. The contractor sued both the State and the architect for, among other things, refusing to issue change orders and failure to properly manage the contract. The court held that the contractor could not sue the architect for negligent contraction administration when it had no contract with the architect. The court also emphasized that the contractor still had a remedy for its claims because it could sue the owner for breach of contract, noting that the owner functioned as the “hub” of the tri-party contractual arrangements.

Legal Dig

claims against design professionals in litigation and in arbitration

Similarly, in Spectraserve, Inc. v. Middlesex Cty. Util. Auth., 2013 WL 4764514 (Law Div. 2013), the court observed that construction projects often involve a series of two-party contracts including owner-architect, owner-contractor, and contractor-subcontractor. The parties negotiate and rely on these contracts to allocate their risks, duties, and remedies. Applying the Economic Loss Doctrine in cases where there is a claim by one party not in privity of contract against another would “serve its purpose of limiting the expansion of tort liability where contractual remedies exist.” Id. at *30.

Compelling a design professional to arbitrate is unlikely without consent The Economic Loss Doctrine not only makes it difficult for a contractor to sue a design professional in court, but also makes it extremely unlikely that a contractor who must arbitrate its claims with the owner due to an arbitration clause in the owner-contractor agreement can compel an architect to be joined to that arbitration proceeding, unless the architect agrees to do so. The architect may have agreed to arbitrate with the owner – but it did not agree to arbitrate with a contractor that it has no contract with and, therefore, cannot be compelled to do so. Since the claim that the contractor may be able to bring against the design professional would be based on negligence or some other tort — not on breach of contract — the Economic Loss Doctrine would prohibit the contractor from bringing that claim. If the claim is prohibited, there is no basis to compel the design professional to defend against it in an arbitration proceeding.

Conclusion Although it is certainly frustrating for contractors, the Economic Loss Doctrine provides predictability to all parties in the construction chain — at least for now. The impact of design-build on these legal concepts will have to be watched.

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i never want to predict the future, but i'll try for construction's sake By: william c. mcnamara, cpa, ccifp, the curchin group

As we enter the fourth quarter of 2021, here are five important topics to generate future-focused discussions in management teams.

A National Infrastructure Spending Plan Both major political parties favor it, but many details, as of this writing, are far from concrete. The general acceptance, however, is a strong indicator that a bill will be enacted. While it may take some time to materialize, you should start planning today. Just how well positioned is your company to expand its operational footprint? Is your company’s strength being flexed to capitalize on new business growth?

From an accounting perspective, we always emphasize to man-

agement the importance of a strong balance sheet before taking on new business ventures. Examine critical areas like receivables, equipment, lines of credit (LOC), and long-term debt. Expansion is almost always fueled by cash flow. Have we reviewed our collection efforts and ensured our credit terms are appro-

priate for a customer’s size, profitability, and payment history?

An evaluation of our equipment will identify capital needs to be addressed. We want to see a downward trend in repair costs and assurance that the equipment is sufficient for the project’s requirements.

LOCs provide liquidity to counter-balance swings in cash availability. Be sure that any LOC’s terms are extended and previous borrowings reduced to provide management with the greatest flexibility in meeting operational costs. If our review of fixed assets identifies the need to purchase, then our debt-to-equity ratio becomes vital for supporting new assets. Management may need to consider refinancing or combining loans for more favorable rates and terms.

Tax Reform A number of potential tax rate changes will increase the cost of doing business. It’s almost an inescapable fact. Issued in April 2021, President Biden’s proposal, The Made in America Tax Plan, outlines a number of significant changes. The proposal includes increasing the corporate tax rate from 21% to 28% and eliminating capital gain tax treatment for taxpayers who exceed certain income levels. Estate and inherent taxes will see major reductions of exemptions, requiring major attention to your will and estate plans. For example, in 2021, up to $11.7 million dollars of estate assets are exempt. A likely cut to pre–Tax Cuts and Jobs Act levels would reduce that exemption to $5 million (maybe even as low as $3.5 million). A host of new concepts for promoting energy efficient fuels, ending the ability to shift profits to offshore business operations and leveling the playing field between US companies and foreign competitors, are also identified.

Accounting Corner

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t is risky business to forecast the future—and yet riskier not to look forward. Trends and current events are strong indicators of subjects we should be ready to address in the construction industry. The business world changes quickly, and those best prepared are able to adapt with few interruptions. We are all smarter after COVID-19. We reexamined our core essentials and ushered in policies, procedures, and practices to work through the challenges presented.

A more interesting aspect contained in the proposal is the investment in the Internal Revenue Service, which would allow the agency to hire more tax examiners, implement new technology, and execute expanded audit engagements to reduce fraud and increase enforcement operations. The tax code has become a very complex subject, and the service center admits that its agents struggle to keep up. Dollars will be provided to increase training, recruitment, and retention of its own talent.

Labor and Materials Labor has been a critical element in short supply for the industry

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Accounting Corner

regardless of COVID-19’s impact. Layered on top of increasing wage rates was the extra incentive provided by the CARES Act for unemployment benefits. Adding a federal component to the state’s unemployment insurance caused many workers to delay their search for new employment. These additional supplemental funds can debatably be argued as a hindrance to restarting the U.S. economy rather than a way to keep it from stalling. Contractors must continue to grow the workforce by demonstrating their commitment to it. That commitment can be a combination of many factors. Buzzwords like quality of life, job satisfaction, growth, and mobility are areas that must be factored into a successful company culture.

Sometimes, the construction industry faces unexpected price increases or material shortages. It gets ugly when both occur with little warning and we see dramatic spikes in relatively short periods, with volatility measured by days rather than months or quarters. The pandemic unleashed supply and material challenges in a very unprecedented timeline. Contractors must look to add pricing escalation clauses in contracts when they are absent, ensure that estimators and project managers clearly communicate, and document with suppliers to avoid unfavorable cost fluctuations when a project is bid. Project review and monitoring will be key to ensure that these short-term pricing bubbles do not impact bottom line results.

Technology Who knew how vital a videoconferencing subscription would become? We all found out in March 2020 when COVID shut us down. Operations scrambled to find ways to communicate and maintain order. Understanding the mute button was almost as important as the subject of the meeting. Technology provided a significant amount of assistance in moving through our lockdown and is an area we should continue to embrace.

Collaborative software expanded its footprint beyond the field, to the office, and now to dozens of remote work sites for project management and administration. The ability for a company’s entire operating structure to be supplied with real-time results was a big key in negotiating the decentralization of operations.

Evaluating the effectiveness of your company’s software is just as important as reviewing the results of a job during close out. Post lock-down managers should look to identify weaknesses or lags in the reporting system and identify remedies. Software costs have always been viewed as an overhead expense, but lockdown demonstrated how important they are.

Worker safety and personal protective equipment (PPE) will see new emphasis and upgrades. Wearable tech measuring a worker’s biometrics, like temperature and heart rate, is readily available. Companies have seen results in terms of safety metrics with lowering of reportable health claims and incidents, which can lead to lower premiums in health costs and a reduction of lost time by employees.

We have management employees who serve in highly technical and specialty areas. Add the title, “drone pilot,” to that list. Using this remote tool to gain a visual view of a project when an in-person inspection becomes limited or time-consuming is a great al-

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ternative. Video or still images captured as a job progresses will allow management to measure productivity, identify safety concerns, and create teaching moments for the next job site.

The Pandemic Effect The impact of the pandemic can not be exaggerated. No business and no person have been left unimpacted. How we conduct business and how our employees work will change. The establishment of a remote workforce will require an evaluation by management for the need and amount of office space currently maintained. Many workers thrived in the remote environment, and management should balance and possibly modify its historical view of job responsibilities as well as internal measurement of an employee’s value with these new parameters. Flex hours are also an item for consideration as those working from home successfully managed their job responsibilities with their own family duties.

Consider how an employee’s time is consumed in a day. Even a modest commute of 20 minutes from home to work means 40 minutes per day of consumption. We allow employees 30 or 60 minutes for a lunch break. Do we think that they really needed that full time allotment while working from home? Accumulate these minutes across a workday, a week, a month and a fiscal quarter—then monetize them and the results should be a bonus to the production capability of your construction company.

If you believe that the last 18 months have been rough on your businesses performance, dissect exactly how they impacted your results. If you are still standing, that means you have done many tasks well. If you are a little bruised and battered, you now have an opportunity to improve. Do not chalk up the financial results as a loss to COVID-19, but rather, take a deep dive into them and understand how certain factors changed your results. Be specific in identifying them inside a project. Exactly which area was delayed? Was it a delivery issue or a staffing issue? Identify the root cause. This will allow you to then develop a plan to combat it in the future.

What changes can be made so that your company grows? Even from losses, good management can produce a future benefit that will in turn produce a positive impact. Solicit ideas and best practices from key employees so that a new playbook is available for your company. Good businesses adapt; great businesses grow and thrive when faced with adversity. Create a work environment that rises to the challenge.

in the lobby By: zoe baldwin

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Budget – First things first, the Legislature passed, and the Governor signed, the FY2022 State Budget. The spending bill totals $46.6 billion and is the largest in State history. The bill was passed along party lines, 25-15 in the Senate and 49-26 in the Assembly.

In addition to the standard departmental spending items, the plan includes a $60 million line item for water infrastructure, an item UTCA was able to secure in last year’s budget for the first time ever. The budget also includes language that, while vague, establishes a basic process by which the federal American Rescue Plan funds will be allocated by the State. Water infrastructure improvements are one of the allowable uses of that funding, and we are hearing anecdotally that many communities are interested in pursuing that option.

For transportation, the legislature’s budget maintains expected funding levels, with the exception of an additional $75 million for the Local Transportation Projects Fund, $500k for the Brown Avenue/Route 206 Hillsborough Large Truck Bypass project, and $250k for a traffic study and remediation for the Route 46 E/NJ Turnpike Merger.

Unfortunately, the budget does not include any bump in funding for NJ Transit operations, despite the best efforts of retiring Senate Majority Leader Loretta Weinberg, who had submitted two budget resolutions to reduce funding deficits and reduce or end the capital to operating transfer.

Wins in Water Policy Statewide Water Infrastructure Capital Plan – S4011 (Sweeney) UTCA worked with Senate leadership to develop this legislation which would require DEP to prepare a Statewide Water Infrastructure Investment Plan every five years and the I-Bank to present an annual water capital plan to the legislature. This legislation represents the advancement of a major priority called for in the UTCA Water Infrastructure Investment Program. If passed, the measure will increase transparency and predictability for water work and mirror the type of capital planning we see on the transportation side of our industry. Senate President Sweeney introduced S4011

on June 24, and we look forward to working with our partners to advance this legislation.

Drinking Water System Asset Management – S647/A4825 (Greenstein/McKeon) As previously reported, UTCA has been working on legislation that would increase asset management planning requirements for drinking water systems and enable DEP to develop a penalty system for non-compliance. This bill will create a three-year capital plan for every drinking water system in the state, as well as funding plans to ensure those capital projects advance. That means more work with greater predictability for contractors. We are pleased to report that the bill has been passed by the legislature and, at the time of this writing, is expected to be signed into law. This advancement also reflects the completion of one of the priorities outlined in the UTCA Water Infrastructure Investment Plan.

Lead Service Line Replacement – S3398/A5343 (Singleton/ Schaer) Legislation that would require all drinking water systems to create an inventory of lead service lines and develop a schedule for replacement has been signed into law. UTCA testified in support of this legislation as it has the potential to create a steady stream of replacement projects in communities across the state.

Legislative News

t was one of the busiest seasons in recent memory as the Legislature worked through its annual State Budget process, holding close to 20 committee hearings and marathon voting sessions each week. The body is now in summer recess and there will be little to no legislative action until after election day on Tuesday, November 2.

Labor Bills Advance Proof of Prevailing Wage – S2414/A4869 (Singeton/Wirths) As previously reported, legislation has advanced in both houses that would have required a bidder 10% or more below the next lowest bidder to “prove” that they would pay the prevailing wage; the bill did not define “proof.” After working with the Senate Sponsor, Troy Singleton, and our partners in the Associated Builders and Constructors, UTCA was able to secure floor amendments that change the requirement of the low bidder to sign a certification that they will pay the prevailing wage. The bill has passed both houses and is on the Governor’s desk for action.

Prevailing Wage Database - S1260/A1171 (Singleton/Oroho) Legislation has been signed into law that would require the Commissioner of Labor and Workforce Development to create Statewide database of the written statements regarding payroll information filed by public works contractors and subcontractors. Additionally, it requires contractors to file payroll statements with both the relevant public body and the commissioner. Under current law,

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contractors are only required to file these statements with the relevant public body.

Violation disclosure - A801/S3502 (Verrelli/Addiego) The Governor has signed into law legislation that requires bidders seeking State contracts to disclose the past two years of labor and employment law violations. It then authorizes the head of a State agency to "evaluate the seriousness of any violations reported and, in the case of violations that represent a significant threat to the health or safety of employees or that demonstrate a disregard for the law, may disqualify that bidder or business entity from pursuing the contract." UTCA opposed the bill as it confers overly broad discretion.

Legislative News

Bidding and Material Matters Electronic Procurement – P.L.2020, c.59 As previously reported, Governor Murphy last year signed a law that requires State contracting units, and permits local contracting units, to use an electronic procurement process for public works construction contracts. UTCA was a stakeholder in the regulatory process of the new law and was able to secure language in the now-adopted regulations that requires contracting units to advertise projects on their website in addition to the electronic procurement platform.

The original version of the regulations was permissive in this area.

Low Carbon Concrete Price Preference - A5223/S3732 (Zwicker/ Greenstein) UTCA has opposed legislation that would establish a price preference for low embodied carbon concrete on projects bid by State agencies. This bill would also upend the low bid system and has the potential to increase liability for contractors who utilize materials not called for in project specifications. While we did testify against the bill in committee, at the time of this writing UTCA has been working with bill sponsors and leadership to ensure that the price preference language is removed in order to keep all bidders on a level playing field. We will keep you updated as our efforts progress.

Pervious pavement – A5730 (Karabinchak) Another price preference bill recently introduced would favor bidders selecting pervious pavement. The bill sponsor has agreed to our amendments which would require the material to be included in specification.

This bill does not yet have a Senate counterpart.

Buy American – S853/A5064 (Sweeney/Verrelli) The Governor has signed into law the NJ Buy American Act, which applies to iron and steel used in state bridge and highway projects. As previously reported, the bill had received a conditional veto to mirror the existing federal program for iron and steel and received unanimous support in both houses. The Commissioner still has full discretion over the program and projects, and the regulations for this measure will be critical for implementation. We have been in contact with NJDOT, Transit, and the Turnpike Authority and expect to be considered a stakeholder in that process.

Local Unit Procurement – S3829/A5902 (Sweeney/Coughlin) Legislation has passed committees in both houses that expressly requires local contracting units and authorities to use either design-bid-build or design-build procurement. If passed, this requirement will help resolve certain issues with improper bidding, which is especially important should a federal infrastructure stimulus package come to fruition.

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Steel Slag – A4851 (Coughlin) Legislation has passed the Assembly which would authorize the use of steel slag as an aggregate in industrial and commercial development and in the remediation of contaminated sites. Sponsored by Assembly Speaker Coughlin, the bill has passed the Assembly but as of this writing, a Senate version has not been introduced.

Infrastructure Asset Investment – S3637 (Sweeney) Legislation has been introduced in the Senate that would create a special fund within the State retirement system that would be able to receive assets such as water utilities as investments. The New Jersey Retirement Infrastructure Collateralized Holdings (RICH) Fund would then operate the utility and reinvest the profits in the state pension. As currently written, this bill contained an exemption for the Fund from local public contracts law. However as of this writing, Senator Sweeney has agreed to our request to remove this language in order to keep construction and maintenance contracts in the public bidding sphere.

Renewables on the Rise – Several bills have advanced that expand the purview of Board of Public Utilities and the NJ Economic Development Authority to facilitate the development of renewable energy infrastructure, supporting the Administration’s goal of achieving 100% clean energy usage by 2050.

A4554/S2605 (Karabinchak/Smith) Directs BPU to provide incentives for the development of at least 3,750 megawatts of new solar power generation by 2026. This legislation has been signed into law.

S3926/A5894 (Sweeney/Burzichelli) Authorizes certain offshore wind projects to construct power lines and obtain real property interests; grants BPU authority to supersede certain local governmental powers upon petition from offshore wind project. This legislation has passed both houses and is currently on the Governor’s desk for action.

A2374/ S1953 (Mukherji/Smith) Directs EDA to establish a program for public or private financing of certain renewable energy, water, and storm resiliency projects through use by municipalities of voluntary special assessments for certain property owners. This legislation has passed both houses and is currently on the Governor’s desk for action.

A5840/S3923 (Burzichelli/Sweeney) Authorizes the State Treasurer to enter lease for real property and improvements with NJEDA for construction of the New Jersey Wind Port in Lower Alloways Creek Township, Salem County. This legislation has been signed into law.

Please consider supporting the UTCA PAC, Constructors for Good Government UTCA continues to be a leading voice for the infrastructure construction industry in Trenton and Washington DC. Whether it is providing expert testimony before business and legislative groups or positively effecting the legislative process, UTCA stands alone in its record of achievement for our industry.

This success is only possible with your support and more importantly, by supporting the industry PAC: Constructors for Good Government. We now accept online credit card contributions – just visit our home page www.utcanj.org and click “Donate to Our PAC.”

Dianne BC PA1_Layout 1 1/4/16 1:10 PM Page 2

A M E M BE R O F T H E P H O E N I X G R O U P O F C O M PA N I E S

Dianne Strohmenger President

American Plus Printers is a WBE/SBE, diannes@amplusprint.com WBE/SBE Certified employee owned, full service print company offering Office 215.698.6628 • Cell 732.779.0276 straightforward, customer-oriented service in the highly 11601 Caroline Road • Philadelphia • PA 19154 competitive market of commercial printing.

American Plus is committed to the highest standards of integrity, quality, and service to the community.

NEW JERSEY P.O. Box 712, Allenwood, New Jersey 08720 Tel: 732-528-2170 E-Mail: americanplus@mac.com • www.amplusprinters.com

WBE/SBE CERTIFIED

safety inspections with a purpose By: frank baxter, construction risk partners

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hen it comes to inspecting a project with a focus on health and safety, it is important to do a little homework before you start your inspection. You want to make sure that the time you invest into auditing the project site is worthwhile, so knowing the project schedule, what trades are onsite, and whether or not any significant activities are happening will allow you to make the most insightful observations and recommendations possible, controlling loss and improving performance.

When scheduling a visit, make sure to include all the important stakeholders in the invite. Typically, the best people to invite and who you want to walk the project with you are the field leaders such as the superintendent or foreman, the dedicated onsite safety manager, and the office leads such as the project manager or project executive. Scheduled visits make it much easier for the field and office leads to be available. Surprise or unannounced visits do have their purpose, but most field and office leads already have a full schedule for their day and just showing up for a site inspection and expecting them to drop everything can be counter-productive to the project. Also, scheduled visits make it harder for the field and office leads to make excuses for why they can’t walk.

Also before visiting, look at the past month’s track record of incidents, accidents, and hours worked to see if there are any telling patterns. Ask for a two-week look-a-head schedule. Look at the past month’s paperwork submitted by each of the subcontractors from the dailies and weekly toolbox talks; if they are also doing pre-task planning or a job safety analysis, you’ll want to review them as well. This will help you see if what you are observing while walking is what they have planned for.

What time to show up: My experience has always been to get to the project at least a half an hour early. This gives you time to see what may be going on at the project site from a distance. Spend a few minutes driving or walking around the perimeter of the jobsite, as it can alert you to potential concerns for the safety of the general public, traffic issues, or even jobsite security, which could lead to issues of theft or vandalism. Also when you arrive, go out of your way to greet everyone in the trailer, not just the superintendent or the project manager. If you are the safety director or the vice president of

Who should walk?

We have clients who feel that only the field (foreman or superintendents) need to do a site walk. While these key field leaders have a large say in the daily activities and control of the schedule, some safety controls and improvements may come with a costly price tag. A project manager, who typically has a direct say in managing the cost of the project, is also someone you want to participate in auditing and controlling the safety onsite. If you are walking and issues come up, the best way to have an engaging conversation and to help influence change will be to speak with the decision-makers who can influence the schedule and approve costs for controls.

Set an Example: Throughout your time onsite, remember that you need to lead by example. If the project PPE requirements include safety glasses, hard hat, vest, safety work boots, and gloves, you and everyone walking with you need to be following the rules. Just think of the craft worker on a very hot day who is wearing all the required PPE and here comes the “trailer gang” without gloves or proper shoes. It screams “do as I say, not as I do.”

Observe Work Crews: Watch and learn. Spend sufficient time to watch the steps and behaviors that workers make with the tasks that they are engaged in. Take the time to observe a crew completing a task and if possible, review the completed pre-task plan or JSA that may have been written so you can observe if their written plan matches what you are seeing. If the written plan is vague or very generic, challenge the crew on what was discussed at the pre-shift huddle or the directions that a crew leader may have given at the start of the work shift. What hazards were discussed and what are some of the controls they are using to minimize the hazards? A good example might be on a hot day in the middle of the summer with a temperature of 90° with 90% humidity. Were there any discussions on heat exhaustion or heat stroke? Do the company or project leaders have resources available such a pop-up tent or fans? What is the drinking water situation on the project site?

A great resource is the OSHA/NOISH Heat Safety Tool App (https://www.cdc.gov/niosh/topics/heatstress/heatapp.html).

Safety Perspective

Before you arrive:

operations, you are the safety director or vice president of operations for all your employees — not just the project leads.

Utility & Transportation Contractor | august | 2021 35

Where to walk: Depending on the size of the project and the agreed upon inspection times, you may need to narrow your inspection to the high-risk areas or infrequent type of tasks on the project. Review today’s activities and prioritize what you want to focus on based on the higher hazards. If the first through the third floors are nearly finished but floors four through ten are in rough-in and pouring of the concrete floors, then focus on those less finished areas. You need to prioritize where you are going on a project. If the majority of the project is just working on site clearing and a small portion is digging trenches for utility work, quickly review the site clearing operation but spend most of your time at the trenching operation.

Safety Perspective

Trust but verify: “Trust but verify” is a quote credited to President Ranald Reagan.

What does that mean when it comes to construction? If you are walking a project and you see an activity such as a crane pick, then ask the operator if they completed their daily check of the crane — which is something that is required prior to the first pick. Most operators would answer the question with a quick “Yes,” and most people would trust that the operator did in fact complete the daily check and move on, but if you are truly going to “trust but verify,” you should ask to see the completed form.

If the form is completed and signed off, say thank you. If not, you need to stress the requirements of completing a documented inspection prior to the first pick.

One great example of this for me was a very large project where the subcontractor was digging an excavation for foundation work. I knew the soil at best was type “C” soil. What I saw was a slope of (1:1), so I questioned what I was seeing. The foreman immediately ran over and stated he had a stamped drawing on this.

I thanked him and completed the rest of the inspection. Once I returned to the trailer, I asked to see the stamped drawing. Sure enough, there was a stamped drawing but, what was observed in the field was not the same as on the drawing. The engineer had the steep slope than eight feet of horizontal and then the 90 ° cut for the foundation. What was in the field was the steep slope and the 90° cut for the foundation with no horizontal between, so we called the foreman of the subcontractor to the trailer to have a discussion. The foreman, after finding out we were verifying the site work was being completed in accordance with the drawings, changed his tune. He now stated that he was running out of real estate, so he skipped the eight feet of horizontal before digging the foundation. I was very clear that he had only two choices: get the engineer to change his drawings to represent what was actually on site or change the site work to meet what the drawings indicate. At the end of the day, the engineer came out and changed the eight feet horizontal to three feet and included soil nailing to stabilize the slope.

Positive Vs. Negative: At the end of your site visit, when you are debriefing the project team, always start out with a positive. Think of a time you walked with someone on a project and the first thing out of their mouth was essentially “everything is all wrong.” How much did you lis-

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ten after that? Always take the time to thank the project team for their time and highlight all the good stuff they are doing on the project. When it comes to identifying areas of improvements, make sure to frame your recommendations in context with the overall schedule. What do I mean? If there was an issue that would self-correct in a very short timeframe (e.g., the next day it will be closed in because of the construction) and the hazard risk is relatively low, then you may opt to leave that item open.

Another example is a missing toeboard in an area where starting tomorrow a panelized wall system is going to be installed; you and the project team should agree that it does not make sense to spend time and effort re-installing the missing toeboard today when tomorrow it would be pulled out to install the wall system.

Now if in another context the same toeboard was missing but the wall system had not even shipped, then the toeboard would need to be re-installed immediately. As you develop a strong rapport with the project team and a better understanding of the work sequencing, these types of decisions become easier. A situation that is immediately dangerous to life or health (IDLH) of any worker needs to stop, be corrected, and be controlled immediately.

Understand your business: If you are going to be responsible for inspecting work sites for your company, learn the business first, then the OSHA standards.

That may sound counterintuitive, but if you do not understand the type of work you are inspecting, then how would you be able to understand the OSHA requirements? Safety, production, and quality should always be equal. When I hear “safety first” I cringe. Safety is only first when production is on schedule. We need to build projects safely, on-time, and with high quality. Not one of those items should take priority over the other; they are all essential.

How to better understand your business: Think about the old-school superintendent — the one who normally would not give you the time of day. Remember these superintendents are the best source of knowledge on the project. If you approach that superintendent the right way and ask simple questions to get to know them, then once you break the ice and start to ask more questions, you will learn more in one day than you would ever learn from a book. While I was in the service, I was on a Coast Guard cutter, and two new officers arrived right from the US Coast Guard Academy. Each of them was assigned to a different department. The first officer went to the most senior person in the department and said, “I am in charge, and you have to listen to me.” The second officer, was assigned a different department, said, “Not sure what I am doing, can you help me learn?” You can guess who was more successful. The crew that had the officer asking for help went out of their way to help that officer. The other crew went out of their way to see the officer fail.

About The Author......Frank Baxter recently joined Construction Risk Partners (CRP) as the Director of Loss Prevention and is primarily responsible for leading the development of loss prevention services. In this role, he oversees a team of colleagues who specialize in helping contractor clients identify, assess, and effectively manage the various risks associated with their construction operations. In addition to Frank’s experience he has managed a team of EHS professionals on large complex construction projects throughout the Northeast. Frank is a Certified Safety Professional and has been working in the field of safety of over 25 years.

employers should be mindful of their ongoing health and safety obligations to their employees and customers By: othiamba ("O.T.") lovelace, esq., tobia & lovelace, llc

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n June 4, 2021, Governor Phil Murphy of New Jersey signed legislation (A5820/S3866) which ended the COVID-19 Public Health Emergency that had been in effect since March 9, 2020. Following the signing of the legislation, Governor Murphy then signed Executive Order No. 244 and set a 30-day expiration date for most of the executive orders his office issued during the health emergency. The Governor described the lifting of the Public Health Emergency as a “clear and decisive step on the path toward normalcy.”

As a result of the current shift towards normalcy, certain laws established during the health emergency will become void. For example, the emergency rule issued in March 2020 by the New Jersey Labor and Workforce Development Division of Wage and Hour prohibiting COVID-19 related employment discrimination will no longer be enforceable against employers since the Public Health Emergency has ended. For the past year, employers were prohibited from terminating or otherwise penalizing an employee if the employee requested time off from work based on a written or electronically transmitted recommendation of a medical professional stating that the employee has or was likely to have COVID-19. Now, employers will have more flexibility to terminate employees who refuse to return to work due to COVID-19.

Employers Must Provide Proper Personal Protective Equipment With offices getting more and more crowded now that various vaccines have made it possible for workers to return to the office, employers should remember to abide by all pre-existing State and Federal worker protection and labor laws as outlined by the New Jersey Department of Labor and Workforce Development (“NJDOL”).

Furthermore, according to the Occupational Safety and Health Administration (“OSHA”), employers must protect workers from workplace hazards that can cause illness or injury, must provide

Although social distancing is no longer required for most workplaces, the NJDOL still advises businesses to follow CDC safety guidelines and continue to practice social distancing to save lives and prevent the spread of COVID-19. Additionally, the CDC has identified additional steps employers should take to protect their employees: 1. Provide gloves and/or masks to your employees if work conditions require them to interact frequently with each other or the general public; 2. Immediately separate and send home employees who appear to have COVID-19 symptoms; 3. Promptly notify workers of any known exposure to COVID-19, subject to confidentiality requirements in the Americans with Disabilities Act (ADA); 4. Clean and disinfect the worksite in accordance with CDC guidelines when a worker has been diagnosed with COVID-19; 5. Provide approved sanitization materials for employees and visitors at no cost to those individuals; 6. Ensure that employees practice hand hygiene and provide employees with sufficient break time for that purpose;

Labor Relations

However, Governor Murphy did identify 14 executive orders that would stay in effect until the end of 2021; for example, the moratorium on private home foreclosures will remain in effect until the end of the year to help provide relief to struggling New Jersey residents and to prevent mass homelessness from occurring at this time.

appropriate personal protective equipment (“PPE”), and must ensure that its workers use the PPE. It's also against NJ Wage and Hour law for an employer to deduct the cost of protective equipment from an employee's pay.

7. Routinely clean and disinfect all high-touch areas; 8. Prior to each shift, conduct daily health checks, such as temperature screenings, visual symptom checking, self-assessment checklists, and/or health questionnaires, consistent with CDC guidance; 9. Do not allow sick employees to enter workplace.

Masks Are Not Required As of Friday, May 28, 2021, individuals in indoor public spaces are not required to wear masks, regardless of their ability to maintain six feet of distance from other individuals or groups.

Utility & Transportation Contractor | august | 2021 45

This change in policy was done in accordance with the CDC’s recommendations. However, workers that are not fully vaccinated should continue to wear masks in indoor spaces. Employers may impose stricter requirements regarding mask-wearing in indoor settings for employees, customers, guests, and other individuals. Employers who decide to allow their employees to take their masks off indoors should refrain from engaging in any retaliation against individuals who elect to wear a mask.

Employers Can Require Employees to Get Vaccinated Against Covid-19

Labor Relations

According to guidance issued by the U.S. Equal Employment Opportunity Commission (“EEOC”), federal laws do not prevent employers from requiring all employees physically entering the workplace to be vaccinated from COVID-19, as long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964. However, the EEOC warns that employers should be mindful that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.

Employers are allowed to offer incentives to employees that voluntarily provide proof of vaccination. Offering incentives is a good way to encourage employees that might be on the fence about getting vaccinated to sign up for the vaccine. Employers are also allowed to provide employees and their family members

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with educational information concerning the vaccine and the benefits it can provide to those employees. Various news outlets have reported that many employees are afraid to take the COVID-19 vaccine because they believe that certain side effects could occur, but those fears can be pacified by providing employees with data showing how effective the COVID-19 vaccines can be when administered properly.

Employers should remember that the current guidance from the EEOC does not change or eliminate any of the protections provided by the ADA. Accordingly, if employees claim that they are unable to get vaccinated due to a disability as defined by the ADA, their claims should be evaluated on a case-by-case basis to determine if there is a way to reasonably accommodate their disabilities without requiring them to get vaccinated. In some cases, the solution to this problem may be as simple as allowing the person to work from home. However, if the employee would be unable to remotely perform his job functions, the employer may have grounds for terminating the employee, but employers that find themselves in such situations should consider consulting an attorney before terminating employees that claim they cannot take the vaccine due to recognized disabilities.

If you have any questions about the topics raised herein or about any other labor relations matter, please do not hesitate to contact the attorneys at Tobia & Lovelace Esqs., LLC at 973-746-6000 for further information.

Cover Story

D'Annunzio & Sons, Inc. begins 5th decade with next generation By: zoe baldwin

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he project photos and awards lining the halls of the D’Annunzio & Sons office building in South Plainfield, NJ are not only a testament to the firm’s decades of prowess across multiple construction capabilities, but also serve as a gallery of sorts documenting the past 40 years of infrastructure construction across the region. CEO and partner Michael D’Annunzio has an almost encyclopedic memory for project details, and our brief tour was like walking through the history of New Jersey’s built environment.

We sat with Michael to discuss the past 40 years of growth and success and what the future holds for D’Annunzio & Sons as they enter their fifth decade in business and a new generation prepares to take the reins.

Michael attributes much of his firm’s success to a talented executive team and a productive work force with an ability to pivot and diversify as the market changes and opportunities arise. This flexibility and intuitive business sense have served them well, facilitating their steady growth into the multi-faceted firm we see today. Their three divisions — heavy civil, utility, and mill and pave — encompass core competencies in utilities, concrete and

Bridge work at Newark Liberty International Airport at Terminal 1.

50 Utility & Transportation Contractor | august | 2021

Utility Installation at LaGuardia Airport.

steel bridge construction and rehabilitation, site work and structural concrete, foundation excavation and support, mass excavation, milling and paving, environmental, and bridge deck repairs.

Their ability to thrive in the dense and competitive markets of New York and New Jersey is a testament to their talent and ingenuity and a continuation of a long family legacy.

The D’Annunzio family has deep roots in infrastructure and a history in the construction field that now spans four generations. Their grandfather, James, and great-uncle Anthony were born and raised in Brazil and followed in their father’s footsteps finding work in the local construction industry. But James knew there were even greater opportunities to pursue and moved to the United States in the early 1920s to forge a better future for his family.

The D’Annunzios first settled in Bayonne, and after a few short years established a landscaping company. James was later joined by his brother Anthony, and thus D’Annunzio Bros., Inc. was formed. Before long, Michael’s father, Joseph, began cutting lawns with the firm after school. He went on to be the first in the family to attend college, earning an engineering degree at MIT before joining the family business with his cousins in 1950.

Throughout the 1950s the industry was bustling as the nation’s suburbs and interstates began to take shape, and D’Annunzio Bros., Inc. expanded into driveway installation, curbing, and eventually municipal work, specializing in utility construction.

Throughout the 1960s and 1970s, D’Annunzio Bros., Inc. developed into a well-respected utility and water and sewer treatment plant contractor performing work from Maine to Virginia.

and say, ‘Okay, how's it going today? Do you need to shift crews there? Do you need any material?’ And then we'd do it again in the afternoon. For nine months we coordinated the daily work that way, until our radio license was approved. We were small, so we ran the jobs, ran the equipment, and did whatever needed to be done. Reflecting back on that, I’d say that experience made us grow faster.”

“The cousins worked together for over thirty years, but in the recession of 1973–1975 the market got lean, and they had a huge sewer interceptor job in Long Island, New York that went awry,” said Michael. “Friction arose as the company lost stability and capital, and by 1981 when I was getting out of school, they decided to go their separate ways.”

Despite the setback, failure was not an option for Joe D’Annunzio. He had seven children, six of whom were living at home at that time, and four of whom were in the family business. Michael had just graduated from the New Jersey Institute of Technology with a degree in civil engineering, and along with his brothers Jim and Joseph P. joined their father in forming the new enterprise. Joe’s youngest son Stephen was completing his engineering degree at Georgia Tech. and joined the firm in 1982.

One of their first projects was the construction of 53 miles of railroad foundations to re-electrify the Erie­Lackawanna Line from West Wharton to Jersey City as a subcontractor to L.E. Myers Corp. “My brother Jim and I were heading up the project,” Michael remembers. “I ran the West Side, and he ran the East Side of the project, but we didn't have a radio license back then.

Jimmy and I used to go to payphones at 11 o'clock every morning

Cover Story

Box Culvert Installation in Staten Island.

The fledgling firm continued to grow, securing utility installation and environmental cleanup contracts, eventually expanding into highways and bridges in 1983. As more money flowed into that sector, the firm continued to expand into larger projects, including major work at Routes 70 and 88 in Brick Township, Parkway Interchanges 131A and 109, as well as fourteen miles of roadway widening and bridge construction along Route 287.

Proton Therapy Structural Concrete work in East Harlem.

In 1986 when D’Annunzio & Sons had just begun to hit their stride, Joe developed health problems and abruptly turned over ownership of the firm to his four sons. “He didn't talk to me before the announcement and it really caught me by surprise. I was 27 when I took over, and my older brother Jim was 30, Joey was 29 and Stephen was only 26. At the time, we were probably doing about $8 million a year worth of work. There was no transition plan. My father was a very seat-of-his-pants entrepreneur whereas I’m a very structured manager, and it was difficult to take everything on without having the management processes and people in place.”

The sudden change in leadership was a very real test of the firm’s foundation and his sons’ business acumen. True-to-form, the four brothers were able to assess, adapt, and overcome many initial challenges. After running several highway and bridge jobs, Michael redirected the company’s focus on an expanding highway market. Within three years of taking over, the firm had more than tripled their market share, performing over $30 million a year by 1989.

Infrastructure work at the American Dream Project.

Around that time, the organization hired a key employee who helped keep the firm on its upward trajectory. “A guy around my age named Rick Manning ran a bridge job for us in Staten Island

Utility & Transportation Contractor | august | 2021 51

Cover Story

ent really helped us expand in New York City because it’s quite different. It’s a difficult market that requires more capital and is much more litigious, and you really have to have an organization that is highly organized and capable of succeeding.” Sergio Couto, their Chief Engineer and Vice President of New York Operations was promoted to his new role in 2014 and has been crucial in developing the NYC management and field staff.

Milling Route 78 for NJDOT.

and I saw that he was very capable, so I put him on a bigger job in East Brunswick. We clicked intellectually and he demonstrated his passion for the industry through his hard work and dedication. I brought him into the office and promoted him to Chief Engineer and we set some goals to go after large highway projects. The two of us were the two primary executives and we were only thirty and thirty-one years old, yet as a very young team, we were bidding and building jobs that today would be worth about $150 to $200 million.”

As D’Annunzio & Sons grew in volume it also built out its capabilities. Michael’s innate ability to sense market trends and opportunity led the firm’s expansion into airports, where they spent over two decades continuously performing work at Newark Liberty International Airport for the Port Authority of NY/ NJ and the Federal Aviation Administration. This work included airplane hardstands, runway expansions, electrical substation construction, and road, bridge, utility, and maintenance projects.

Like many in the industry, the firm faced significant challenges following the Great Recession of 2008. While they certainly shouldered their share of the austerity, D’Annunzio’s prescient business sense once again protected the bottom line and kept the company afloat. The firm turned to the private sector network they had been developing for several years prior, just as public projects started to grind to a halt.

On both sides of the Hudson River, D’Annunzio & Sons has maintained that diverse portfolio of public and private projects. In New Jersey, D’Annunzio spent four years working on the American Dream project in East Rutherford, ultimately securing contracts worth approximately $100 million. The work included constructing a new Ring Road built on a pile-supported load transfer platform, a connector roadway between parking facilities and MetLife Stadium, and an Earthwork Contract for the excavation and backfill of the new foundations, structural concrete,

The relationships and professional reputation the D’Annunzio’s built during those years served them well and opened the door for D’Annunzio to expand into New York City and the private sector.

“We always try to look for different things,” Michael says. “When everyone else was looking right, I tried to look left a little bit, and that seems to work for us. I think one of the reasons we are successful is that as the CEO, I could look for work in any sector or region and our field operations lead by my brothers Jim and Stephen would always adjust for our organization’s success. We never had to second guess our ability to pivot, even if we had never done it before.

They grew up in this business like I did and developed the same instincts, so we can turn on a heartbeat and do something we've never done before and still be successful at it. As we expanded over the years, we developed our management team and they have grown into a great professional group. The additional tal-

52 Utility & Transportation Contractor | august | 2021

Route 80 paving for NJDOT.

and surface drainage and sanitary sewer systems at the site.

In New York, the firm secured over $42 million worth of utility and shaft work as low bidder for the MTA Second Avenue Subway 86th St. Station megaproject. D’Annunzio & Sons performed the excavation, utility relocation, and road decking, which served as a critical path enabling underground construction at the 86th Street Station. The careful work entailed constructing roadway decking at street level to enable soil and rock excavation below

the surface without disturbing traffic. Meanwhile, all rock drilling, blasting, and excavation was performed 30 feet below street level.

In 2019–2020, the D’Annunzios returned to paving after leaving that sector for 20 years. They created a milling and paving division to continue to expand future opportunities for the firm.

Michael says that, “The industry has come out with very little work this year, but we are committed to this sector, and we look forward to building a quality product for our clients.”

He explains that the usual backlog of projects in our industry delays economic hardship by about two years and wants to guarantee a level of stability before passing the reins to his son Christopher and nephews Jeffrey and James.

“Our goal is to get through this recession so that the boys don't have to take over in the middle of a downturn. The industry is in one of the most difficult periods we have seen in our career, and Jim and I want to make sure that they have the experience they need to be successful. You can have all the plans in the world, but any missteps during a recession can leave a firm without the working capital you need to secure the proper bonding and capital to take advantage of what's soon to come.”

The D’Annunzio & Sons team has always been meticulous and are planners. They have always taken a keen interest in the professional development of their staff and have been working diligently to ensure that the next generation has the right experience, processes, and people in place to ensure a smooth transition. Although there are many outstanding professionals within the firm, Joseph Grabler and Jim Scheflen have been identified as key leaders in furthering those values throughout the organization and as a result were both recently promoted to Vice Presidents within the firm. Michael took further steps several years ago when he stepped back from the UTCA Board of Directors,

Christopher D' Annunzio is a graduate Civil Engineer from MIT and a Professional Engineer like his grandfather, and currently serves as a project manager and estimator, and as the Vice President for New York. Michael has made sure he worked alongside key executives and assigned him a wide array of roles in the past several years to ensure he knows the business from every angle. As Michael emphasizes, “The key is to make sure that for the transition, they get a flavor for the risk and the experience to know what to look for, so when they bid work, they can identify it and bid accordingly.”

The firm is also preparing Jeffrey, James, and Joseph Daniel for advancement. Jeffrey joined the firm after graduating from Loyola University with a business degree and serves as project manager and Vice President of New Jersey. He has been gaining experience running operations for the firm and was mentored by Stephen D’Annunzio for a decade.

Cover Story

Looking forward, Michael and Jim feel confident about the next generation’s ability to lead the firm, but in the wake of the pandemic, there is a tinge of apprehension. Michael remembers how hard past recessions had hit the industry and questions the current stability of the market as funding becomes increasingly unpredictable.

knowing that that experience would help Christopher’s’ development. “I became a board member at age 27 and I know that I became better, faster, because of that seat. You learn about relationships and industry trends, and as I tell Christopher, the most important thing is to follow the funding.”

Bridge Substructure repair work for NJTA.

James came on board as an Accounting Manager after studying marketing and accounting at Nova Southeastern University. He works as the present Controller under the current CFO, Greg Runion, and is poised to take on that role after he retires.

Joseph Daniel is the son of Jim and Michael’s brother Joe who passed in 2019. He joined the firm immediately after college and now serves as a project Superintendent for the company.

Stephen D’Annunzio recently retired, leaving Michael and his brother Jim to usher in the next generation of D’Annunzios. For now, the two of them continue to deliberate over the business operations to make sure everything is in place for the boys to continue and build upon their rich family legacy.

UTCA congratulates Michael, Jim, and everyone on the D’Annunzio & Sons team on their 40-year milestone and looks forward to celebrating the decades of success to come.

Lincoln Park Golf Course in Jersey City.

Utility & Transportation Contractor | august | 2021 53

Feature Story

The reinforced earth company celebrates 50th anniversary

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021 marks the 50th anniversary of Reinforced Earth® mechanically stabilized earth walls in the United States. The Reinforced Earth Company (RECo) consists of engineers, project managers, manufacturers, and team players. RECo provides retaining walls and other geotechnical structures for heavy civil engineering projects throughout the entire country.

Research and development of Reinforced Earth by Henri Vidal in the 1960s led to the first mechanically stabilized earth (MSE) wall built in the United States in 1971, a slope repair project in California. In collaboration with Caltrans, RECo worked on a massive landslide repair in the Angeles National Forest using the newly patented retaining wall system. After establishing The Reinforced Earth Company in the U.S, the mid 1970s saw many structures built for the highway, energy, and mining markets.

Reinforced Earth, the company’s core product, pioneered the MSE retaining wall industry. For half a century, RECo engineers have led the industry in researching and advancing the technology of retaining wall construction. While working alongside government transportation agencies, universities, and the Association for Mechanically Stabilized Earth, the expertise of RECo has been critical in developing current industry standards. In collaboration with many partners, they have studied the performance of the oldest MSE structures to evaluate current infrastructure and gain knowledge for future expansions.

Route 18 used Tech Span precast arches to create the multi-span bridge.

including Reinforced Earth MSE retaining walls, Terratrel® wire walls, TechSpan® arches, T-Wall® prefabricated modular walls, and other products have been delivered to all corners of the United States since 1971. New structures and expansions of old structures help upgrade the country’s transportation systems, shaping the way traffic moves through both urban and rural areas.

The company has designed large scale walls with extreme loading conditions. In the US, retaining walls have reached over 130 feet tall and nearly 2.5 miles long. Relying on local and global resources of engineers, manufacturing plants, and field personnel, RECo has built a reputation of expert engineering, architectural creativity, quality assurance, reliable delivery, and an unyielding focus on customer support. RECo has also engineered other systems that go beyond MSE walls. Geosynthetic strips, wire mesh facing, and full height concrete panels are just a few of the alternatives RECo has incorporated to meet the demands of complex projects.

The Reinforced Earth Company has an extensive staff of geotechnical, structural, and civil engineers who continue to innovate with each new application for highways, railroads, bridges, dams, mining sites, military applications, private development, stadiums, and other market segments. RECo’s history demonstrates a range of solutions for a broad spectrum of complex jobs.

Engineering staff are prepared to tackle any kind of challenge, working alongside project teams to optimize schedules and the bottom line.

Tens of thousands of RECo’s projects, large and small, contribute to the nation’s infrastructure in all fifty states. Over 250 design build projects have been completed across the US, and more are currently under design and construction. Over 45,000 structures

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The MSE abutment for Bayonne Bridge was designed to support the gantry load.

Examples of unique projects in New Jersey are the Mullica River and Bass River Bridges on the Garden State Parkway in south-

Mullica River was the first time MSE walls were used on top of controlled modulus columns.

concrete for fill. It was the first structure of its kind, completed in 2009, and has received national and international engineering awards.

Over the years, RECO has worked with numerous contractors on NJDOT, New Jersey Turnpike, and Garden State Parkway projects. Major projects have been completed with Driscoll Construction, Schiavone Construction, George Harms Construction, Conti Enterprises, Union Paving and Construction, Midlantic Construction, IEW Construction, A. Servidone/B. Anthony Construction, PKF-Mark III, South State, Route 52 Constructors, Ritacco Construction, and R. E. Pierson Construction, Ferreira Construction, Northeast Remsco as well as others.

Route 52 in Atlantic County used stainless steel reinforcements due to the corrosive environment.

Another notable project is the Route 18 arch bridge in Middlesex County. The project was designed using TechSpan precast arches with a 65-foot span and 20-foot rise. Mechanically stabilized earth spandrel walls comprise the other core element of the Route 18 bridge. This project was much more complex than a typical TechSpan structure because there are eight arches sitting on top of 20-foot-tall columns utilizing lightweight cellular

Feature Story

ern New Jersey, completed in 2014 and 2015. These bridges were constructed in a brackish marine environment on extremely soft foundation soil. The most efficient design for the embankments and abutments proved to be MSE walls with a sophisticated ground improvement design provided by Menard Group USA. The ground improvement installed Controlled Modulus Columns (CMC) with a load transfer platform on top, which provided the strength needed to build the high MSE embankment without yielding high settlement. The Bass River MSE walls were instrumented to study the effects of the foundation design in relation to any localized added tension in the lower soil reinforcements.

Mike Sison, P.E. serves as Central Northeast Regional Manager for RECo and has been with the company for over 13 years. He has a civil engineering degree from the University of Maryland.

Sherif Aziz, P.E. serves as the Northeast Division Manager and has been with the company for 28 years. He holds a structural engineering degree from George Washington University. Mike and Sherif are responsible for New Jersey projects. Melissa Berkebile serves as President and CEO of the company, which employs approximately 450 people at 15 offices and manufacturing plants around the country.

The Reinforced Earth Company has the experience and expertise to tackle any job, from a small arch bridge to a design-build project with 2 million square feet of retaining walls. RECo is skilled at maximizing both safety and efficiency in every single project.

The company strives to continue innovating and improving to keep this country moving forward.

The first Reinforced Earth wall in New Jersey was built in 1983 on I-78, Section 4B & 5BM in Union County.

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dep proposed rule to place untested california requirements on nj fleets By: dan kennedy, director of environmental & utility operations

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have previously used space in this column to explain the goals and strategies of New Jersey’s Energy Master Plan (EMP). We have been very active around these efforts to redefine the State’s energy policy given the ramifications for the construction industry, where risks and opportunities abound.

Of particular concern to our field is New Jersey’s effort to emulate untested regulatory measures from states like California, as we saw earlier this summer when NJDEP published one of the first rules designed to specifically implement goals of the EMP. The proposed rule explicitly emulates an adopted but not-yet-implemented California rule, the impact and efficacy of which is therefore untested.

UTCA Position UTCA submitted official comments opposing most aspects of the rule proposal. In doing so, we affirmed our position that a comprehensive strategy is necessary to reduce greenhouse gas emissions statewide. We agreed that on- and off-road aspects of the construction industry (including trucking) will eventually need to convert to lower emission vehicles. In fact, that transition to Zero Emission Vehicles (ZEV) and equipment is already taking place as the market is emerging for lower-power equipment and vehicles.

However, we disagreed that the State of NJ will be able to effectuate these changes with state-specific action as proposed, when the commerce being regulated does not respect statewide boundaries.

This rule proposal effectively includes a mandate on the manufacturing and sale of heavy vehicles with no corresponding mandate on purchases. UTCA has discussed this issue with our members, who are constantly making decisions on whether to buy new equipment or maintain older stock, and we believe the most likely outcome of this proposed rule would not be a fleet turnover but more likely, put the last of our New Jersey’s heavy-duty engine and truck manufactures out of business. Contractors can and do go out-of-state for equipment purchases, and limiting the impact of this new regulatory framework to just New Jersey is ill-conceived given our place in the region.

We agreed with the experts who testified during the public hearing that the technology does not currently exist at a scale to allow for the conversion of our trucking fleets, across all size categories, in the timeframes required. The market will not allow for fleet transition to ZEV until the technology is more widely available and the significantly higher costs are mitigated.

We made it clear that the UTCA and its members are willing to partner with the State/DEP/BPU/EDA to investigate options related to lowering the carbon footprint of medium-and-heavy-duty fleets that are critical to the successful delivery of infrastructure projects statewide. We stand ready to assist and are forming a working group of members to be as proactive as possible.

Advanced Clean Trucks Program NJ has very few manufacturers of vehicles over 8,500 pounds gross vehicle weight rating (GVWR) to regulate. Therefore, UTCA took the position that creating a credit/deficit program to increase the percentage of zero-emission vehicles (ZEVs) sold in New Jersey is an ill-directed regulatory proposal.

The Pipeline

DEP’s Advanced Clean Trucks and Fleet Reporting Requirements Rule Proposal copies two aspects of California’s emission reduction rules. First, it would establish a deficit/credit program whereby truck manufacturers are spurred to offer zero-emission vehicles instead of fossil-fuel trucks. Second, it imposes a one-time reporting requirement intended to obtain information about the in-state operation of fleets of vehicles over 8,500 pounds GVW.

Given the proposed framework, UTCA is greatly concerned by the prospect of a future rule that would include a purchase mandate for ZEVs or a retirement mandate for new and existing construction equipment. The costly equipment our members use to deliver public infrastructure upgrades is purchased with an expectation of a long useful life and some value after retirement.

In its comment letter, UTCA recommended that the DEP reconsider this regulatory approach in favor of more viable strategies for carbon reduction. New Jersey should instead focus its efforts on a rational national standard for low- or zero-carbon emission trucks and to allow alternative low-carbon fuels in the interim until availability and cost make ZEV equipment and vehicles practicable.

We recommended that the DEP consider the following non-regulatory actions: 1. Continue to apply for Federal DERA State Clean Diesel Grant Programs to assist in replacing engines/vehicles past their useful lives

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2. Create tax credit incentives for NJ construction companies to invest in clean diesel engines 3. Track progress of electric technology as it becomes available in the marketplace for high horsepower engines. If technology becomes available, consider state tax incentives for companies to upgrade their equipment voluntarily Fleet Reporting Requirement UTCA did not oppose the one-time reporting requirement intended to obtain information about the in-state operation of fleets of vehicles over 8,500 pounds GVWR. We did reinforce that we expect the Department to provide full transparency and access to this data in its raw form.

However, we did not support the penalty provisions as currently drafted at N.J.A.C. 7:27A for the proposed amendments to the Air Pollution Control rules. Given the newness of this responsibility, the Department should anticipate inadvertent violations. UTCA recommended the fee schedule to be revised to have the first offense penalty be an official warning instead of the proposed $500 fine.

The Pipeline

Outside the context of the rules, we recommend that DEP begin to work in earnest with leading trade associations and relevant groups who likely have fleets that trigger this proposed reporting requirement. This engagement is necessary to set the stage for future rules, which will have a direct impact on the construction industry.

UTCA is staying on top of these issues and will keep you updated as they progress. Please contact me at kennedy@utcanj.org with any questions on this proposal or to offer any further thoughts on the policy implications of the Energy Master Plan.

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By: tim fitzpatrick, senior vice president, employee benefits, ioa & nancy damato, owner, rda benefit services

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s we approach the fourth quarter of 2021, many employers are beginning to turn their focus to the upcoming employee benefits renewal for their organization. This process can become very time consuming and stressful, so it is important for companies to develop a proactive plan of action.

Within this plan, there are numerous aspects to consider. While some may be dependent on the unique dynamics of a group, other key factors are important for any organization to review.

Critical questions to ask: 1. Is the current benefits offering meeting employee needs?

2. What programs will be evaluated? Are there any new markets to consider?

3. How will Open Enrollment be facilitated?

A logical place to start is assessing the current program. Many companies understandably focus the majority of their attention on the medical plan, which contains many different elements to consider. The cost to the company and employees, the level of plan choice provided and the strength of the network offered are all significant. The latter is particularly important for companies that have multi-state reach.

It is also critical, however, to evaluate the ancillary benefits offered. Are these benefits offered to supplement or compliment the medical plan? Do they help fill in gaps that the medical plan doesn’t cover? Dental and vision benefits are quite popular, but it is also equally as important to look at products such as life and disability insurance to help protect employees financial well-being. Many of these benefits can be offered on a voluntary basis with the employer deciding if they will pay a portion or defer the cost to those who elect these benefits.

Options to Traditional Medical Plans The markets and programs to be explored are also central to a proactive plan. An employer must consider their risk tolerance as well as their financial stability when beginning this process.

The fully-insured market may be a great option for conservative decision makers, but the self-insured market can provide unique advantages and flexibility to employers more comfortable with

NEWS

key factors to consider for your next employee benefits renewal risk. We have written several articles on the level-funded market and how it can benefit small to mid-sized employers as it provides a sensible middle ground between the two. Many of these programs do require some degree of medical underwriting so it is necessary to develop an efficient manner of administering this process. There are software options that allow employees to answer underwriting questions through a secure portal. Those answers are then consolidated and provided in a carrier specific format, allowing one application to be sent to several markets at once, streamlining the workflow.

Effective Open Enrollment Technology Once final decisions have been made on the benefits offering for the upcoming year, employers must then decide how they are going to communicate this information to their employees.

Traditional strategy typically includes onsite education meetings with hard copy marketing material on the new offering, such as customized benefits enrollment guides. The COVID pandemic, however, has forced companies to explore virtual methods of communication. This can be accomplished through live video conferencing sessions or pre-recorded presentations. Enrollment firms can also be deployed to conduct one-on-one meetings virtually, in-person, or a combination of the two. Many organizations are also beginning to implement benefits administration systems, leveraging technology to communicate and collect information from employees. The specific strategy chosen will be unique for every company and will largely depend on their demographics and employee needs.

It is never too early to begin preparing for an upcoming benefits renewal. It is important, however, to develop a proactive and strategic plan of action designed to analyze an employee benefits offering from a holistic point of view. This analysis includes not only the benefits, themselves, but also the method in which they are evaluated by decision makers and communicated to the employees. This process can prove to be very complex, so it is important for employers to leverage the experience and guidance of trusted advisors, such as their insurance consultants, brokers, attorneys, and accountants as they navigate the nuances of each decision.

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By: zoe baldwin

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etting into and around New Jersey’s hippest shore town just got easier thanks to the Maisanos and the team at New Prince Concrete Construction. Joined by officials including Lieutenant Governor Sheila Oliver, DOT Commissioner Diane Scaccetti, State Senator Vin Gopal, and many local leaders, New Prince Concrete Construction recently celebrated the completion of the Main Street/Route 71 Safety Improvements Project in Asbury Park, NJ.

NEWS

New Prince Concrete Construction Completes Main Street Makeover cals, visitors, and businesses alike, who for decades endured a downtown thoroughfare with inadequate drainage and enough potholes to pass for a moonscape.

The revitalization project included resurfacing Main Street/ Route 71 and a road diet was implemented which narrowed the road from two lanes to one, adding a center turning lane and a bicycle lane. Additional improvements included upgrading 29 intersections with ADA compliant ramps, several pedestrian upgrades including curb and sidewalk, drainage upgrades, 17 new traffic signals, replacing steel utility poles with standard wooden poles, sanitary sewer replacement landscape restoration, utility relocation, and improved lighting to enhance safety.

From left to right: Vrushabh Shah (Project Manager), Vincent Maisano (Vice President), Pasquale Maisano (President), Giovanni Maisano (Senior Vice President)

The two-mile, $21.6 million project extended from Allenhurst to Asbury Park and took three years to complete. The federally funded project was designed to improve pedestrian safety and reduce congestion, and its completion was welcome news to lo-

Nunzio Colombo (Machine Operator) compacting the asphalt base course on Route 71, Main Street in the vicinity of Mattison Avenue.

Completed Roadway looking north on Route 71, Main Street vicinity of Summerfield Avenue.

Project construction began in March 2018 and was designed to proceed in stages with work suspended during the busy summer season. The New Prince team steadily worked its way south, finally wrapping up in late May of this year. Drivers, pedestrians, and cyclists alike now have safer, easier travels thanks to the excellent work of Maisano and his team. This is a great example of how UTCA members help make New Jersey better, safer, and stronger with every project.

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utca mourns the loss of two industry leaders By: zoe baldwin

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wo industry veterans, Michael O. Renda and Edward Ciel, passed away earlier this summer, leaving behind loving families, friends, and dedicated colleagues. Their commitment to this industry and to our organization will long be remembered, and we express our deepest condolences as we keep their loved ones in our thoughts and prayers.

The industry also mourns the death of Michael Oscar Renda, 70, who passed on June 28. From the very beginning, Michael was uniquely suited to defending our industry, having earned two degrees from the University of Notre Dame: a B.Sc. in Civil Engineering and a J.D., summa cum laude. He went on to be a founding partner of the law firm Waldman, Renda & McKinney in Hawthorne, NJ, where he practiced for the past 42 years. He also served as a mediator for the New Jersey Courts and as a mediator and arbitrator for the American Arbitration Association. He was an integral part of our Association and a brilliant attorney whose work in the courtroom and on our Legislative Committee helped make New Jersey a better place to live and build. Mike also was a member of the Convention Committee, helping to ensure our annual event was entertaining and successful for all.

The passing of Ed and Michael will be felt across the state, as each were lifelong supporters of our industry and our Association. Their knowledge and experience will be greatly missed, but we are thankful for the time they so generously donated. The construction community was made better because of their efforts, and we hope you will join us in celebrating their legacies.

Edward Ciel

Edward Ciel, 71, passed away on June 12. Ed was a leader in sales for Campbell Foundry Co. and later for Bridgestate Foundry Corp. As colleagues have described him, he was a “salesman’s salesman,” who understood that you needed to get to know the customer first and that the business would follow. Beyond his paid career, Ed was heavily involved in advancing the industry by serving on a number of UTCA committees. For decades, he was a forerunner of workforce development, championing the necessity of industry outreach to youth in order to attract the kind of talent needed to keep our industry going strong. He consistently beat his own fundraising records for the UTCA Scholarship program throughout his 30-year tenure as Chair of the UTCA Golf Outing Committee, which he viewed as a feeder module for the future leaders of our complex industry.

Michael Oscar Renda

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utca congratulates 2021 scholarship recipients By: zoe baldwin

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reparing young people to join the field of infrastructure construction is key for developing the future leaders of our complex industry. As part of our commitment to the community, each year UTCA provides New Jersey students with the opportunity to advance their studies in the field of construction through a series of scholarships.

We would like to congratulate this year’s awardees on their accomplishments and wish them success in the year to come. Ava Lorusso, Erin Mallory, Clay Yannazzone, Jerry Bollman, Rachel Haberman, and Virginia Cardona represent the absolute best of an impressive group of student applicants, and we are proud to be able to help reward their academic achievements.

Ava Lorusso has been awarded the Robert A. Briant Memorial Scholarship for her outstanding academic achievement and community service. A recent graduate of Ramsey High School, Ava will be continuing her studies at the College of William and Mary. In addition to her academic and athletic excellence, Ava dedicated much of her personal time to volunteering in her community with a focus on therapeutic programs for seniors and veterans. She served in student government all four years of high school as class vice president, as Secretary, and as a School Congress member. Ava also represented her school as a Hugh O’Brian Youth Leadership Foundation Delegate and is a member of the National Honors Society Erin Lynne Mallory has been selected to receive the Joseph D. D'Annunzio Memorial Scholarship for her record of success in the classroom and in the community. During her time at Jefferson Township High School, Erin was involved in a number of extracurriculars that made her application stand out. She was captain of the Girls Varsity Soccer team,

a member of the Bio-Technology Club, served as student leader for both the REBEL and SADD clubs, and co-founded an organization called Covid Relief Runners that would shop for and deliver groceries to senior citizens during the pandemic.

Clay Yannazzone is the recipient of this year’s Franklyn Grosso Memorial Scholarship.

A graduate of Donovan Catholic, Clay is a dedicated volunteer for several organizations and clubs and looks forward to attending Susquehanna University in the fall. He participated in the Big Brothers Big Sisters program as a mentor, helped build homes for families in need, and organized assistance drives for a number of items including clothing, toys, and food.

Virginia Cardona earned the Margaret Cervino Memorial Scholarship, awarded to women entering their senior year in the Construction Technology program at the New Jersey Institute of Technology. Virginia is majoring in Construction Engineering Technology and has served as Public Relations Director for the Society of Hispanic Professional Engineers, as a project management intern at Bristol Meyers Squibb, and as a procurement intern for Union Paving. It is exciting to see upcoming college graduates with the focus and drive that Virginia exemplifies, and we wish her the best as she enters her final year.

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Jerry Bollman has been awarded the Samuel Luciano Memorial Scholarship for graduate students in the Civil Engineering program at the New Jersey Institute of Technology. Jerry earned his Bachelor of Civil Engineering from the University of North Dakota while working full time as a design/field engineer in South Africa building mines. He received an MS in Civil Engineering earlier this year and would like to start a company focused on the design and construction of underground facilities.

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Rachel Haberman is also the recipient of the Samuel Luciano Memorial Scholarship for her academic achievements and leadership qualities. She received her Bachelor of Science for Civil Engineering in the fall of 2020 and is currently pursuing her Master of Science in Critical Infrastructure Systems. She currently works for GPI as a trainee inspector/office engineer stationed at the NJ Turnpike Exit 16/18E toll Plaza in Secaucus, NJ. She has already obtained NICET Highway Construction Inspection Level I, Engineer in training, and NJSAT Asphalt Technician certifications and looks forward to attending the Rutgers Traffic Control Coordinator Program in August.