CT Construction Digest Friday January 31, 2025

Trump ties transportation funding to immigration compliance

 Mark Pazniokas

The administration of President Donald J. Trump has informed the Connecticut Department of Transportation it would, “to the maximum extent permitted by law,” link federal transportation funding to policies on masks, vaccines, tolls and immigration enforcement. 

The four-page undated memo by Transportation Secretary Sean Duffy states the administration “shall prioritize projects and goals” that, among other things, prohibit recipients “from imposing vaccine and mask mandates” and require “local compliance or cooperation with federal immigration enforcement.”

It also would “give preference to communities with marriage and birth rates higher than the national average” and places that “utilize user-pay models,” which seemingly would include the congestion pricing in Manhattan that Trump has denounced and highway tolls that Gov. Ned Lamont proposed without success.

The U.S. Supreme Court has held the federal government can impose conditions on federal funding, but those conditions must be germane to the federal interest in the projects for which the money is used and cannot cross the line from enticement to coercion.

Lamont said Thursday that DOT was one of at least three state agencies getting directives establishing new ill-defined conditions for federal funding that arrived after a chaotic 48 hours of vague and ultimately conflicting advise regarding a pause in a broad range of federal funding.

The Office of Management and Budget on Wednesday rescinded a memo that indicated federal funding to state and local governments and nonprofits would at least temporarily be frozen at 5 p.m. Tuesday. A federal judge also issued a temporary injunction blocking the freeze.

“It’s a confusing mess. We thought we had clarity yesterday. We thought OMB had pulled back their dictate. We thought the courts had said that we’re going to put a pause on this at least through next week,” Lamont said. “Now we’re finding that each and every one of the departments are coming out with their own special set of restrictions and rules that could harm us.”

The stakes are significant. Not only does Connecticut typically receive hundreds of millions in federal transportation funding, Trump’s threat comes just two months after Gov. Ned Lamont’s administration set new goals to ramp up Connecticut’s rebuild of its aging network of highways, bridges and rail lines.

Federal grants are one of the two chief ways Connecticut pays for this construction, the other being state borrowing – which is repaid using sales and fuel tax receipts in the budget’s Special Transportation Fund.

Though federal grant levels can vary annually by tens or even hundreds of millions of dollars, support from Washington has been on the rise since 2021, when President Biden and Congress enacted an aggressive, $1.2 trillion transportation infrastructure program.

Connecticut received $1.4 billion in federal construction funding last fiscal year, pairing it with $875 million in state borrowing. Lamont wants to push state borrowing up gradually to $1.4 billion by 2026-27.

And while the DOT hasn’t announced how much federal funding it expects to receive by the end of that effort, the hope is that aid from Washington would continue to rise as well.

The memo by Duffy, a former congressman and Fox co-host, raised as many questions as it provided guidance. For example, it did not define what degree of compliance or cooperation would be required.

“I’m not the most hyperbolic of people, but you got to be clear. You’ve got to be consistent. And this has been chaos the last 72 hours,” Lamont said.

Connecticut has a state law, the Trust Act, that requires federal immigration agents to obtain a judicial warrant for a detainer to be honored. Lamont said he does not see that as failing to cooperate with Trump’s stated goal of focusing on the deportation of immigrants who lack legal status and have committed crimes.

Lamont has been waiting for a firm direction on the Dreamers, the immigrants brought to the U.S. as young children and know no other country as home. Some have reached college age and beyond.

“The question is, what do you do with the Dreamers? What do you do with those folks who have been in this country for 18 years? They’re a junior at high school? Do we work with them?” Lamont said. “We don’t ask people’s immigration status. Our teachers are teaching. If ICE wants to go after them, that’s not our business.”

In some ways, Duffy’s memo was a statement of principles: It “updates and resets the principles and standards underpinning” DOT’s policies to “mandate reliance on rigorous economic analysis and positive cost-benefit calculations” to ensure its state contracts “bolster the American economy and benefit the American people.”

The memo made clear that previous requirements by the Biden administration that projects also be assessed for their “social cost of carbon” and impact on climate change can be ignored.

Such calculations were “marked by logical deficiencies, a poor basis in empirical science, politicization, and the absence of a foundation in legislation,” Duffy wrote.

Lamont said the state Department of Public Health was told it would lose funding for anything related to diversity, equity and inclusion.

“Not a big surprise there,” Lamont said. 

But linking bridge, highway and rail funding to birth rates and immigration was confusing, he said. He declined to say if he thought linking immigration enforcement to highway spending crossed the line into coercion.

“I don’t need to jump to conclusions, because it could be different tomorrow. Let’s settle down and see what we should sort out,” Lamont said.

Lamont was amused, however, by the Republican administration pushing tolls and other user fees. The Democratic governor failed to win approval for highway tolls in 2019, and the highway-use tax he instead imposed on trucks is vehemently opposed by Republican lawmakers. They have filed more than a dozen bills that would repeal it.

The push for higher marriage and birth rates, a long-time goal of Trump’s adviser, Elon Musk, was similarly unexpected, Lamont said. At one Trump rally, Musk urged Americans to have at least three children, saying falling birth rates are a threat to developed countries. Musk has fathered 12 children.

According to data from the Centers for Disease Control and Prevention, both Connecticut’s fertility rate and marriage rate were below the national average in 2022.

Keith Phaneuf contributed to this story.

Meriden residents demand relief from highway construction noise

Mary Ellen Godin

MERIDEN — Residents on both the east and west sides of the city say they live with intolerable traffic noise caused by highway construction projects and hope state officials can help.

Christine Ivers of Preston Drive doesn't open her windows in the summer anymore.

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"I need to sleep," she said. "It's unbearable. I invite anyone to come sit in my backyard."

Ivers has lived in the neighborhood near the junction of Interstates 691 and 91 on the city's east side for 20 years. She said the noise levels worsened several years ago when the number of trucks braking at the hill increased. Racing motorcycles with roaring pipes add to the decibel levels.

Two years ago, the state Department of Transportation embarked on a $500 million highway project to reconfigure the interchange of I-91, I-691 and Route 15 in Meriden to improve traffic flow and make it safer. 

Before the press conferences to announce the projects, workers cleared trees and brush in the buffers between the highway and the homes, and residents lost their noise barriers.

"They took the decibel readings before they did the clear-cutting," Ivers said. 

Dozens of Preston Avenue residents and those living along the highway reconstruction zone have complained to Mayor Kevin Scarpati and state Rep. Michael Quinn, D-Meriden. Scarpati referred his share of complaints to Quinn, who met with groups of neighbors and gathered information. Quinn recently introduced legislation asking the General Assembly to authorize CT DOT to install sound barriers eastbound on I-691 near the Steuben Street neighborhood, on  I-91 southbound between the Middletown line and Exit 18, Preston Avenue, for residents on Thurrott Avenue.

Quinn's bill also calls for barriers on Route 15 northbound from the Wallingford line to the Paddock Avenue overpass, providing a buffer for residents on Beth Ann Circle, Royal Oak Circle and Elmwood Drive, and Route 15 southbound from the Paddock Avenue overpass to the Wallingford line,  for residents of Sterling Village and Prann Court. 

He estimates the total coverage to be about 1.5 to 2 miles and the cost between $1 million to $2 million per mile, depending on how it's constructed. Noise barriers in those areas were not included in the state's project. 

"It’s not unreasonable," Quinn said. "I understand there are federal noise standards that the DOT complies with. But when you look at where the houses are, I'm not sure how exactly the noise was measured to come up with a different conclusion."

Gail Hyde and her neighbors have a separate issue on the city's west side. They lived on Steuben Street and Corrigan Avenue 50 years ago when I-691 was being built. At that time, they were told sound barriers would be installed. More recently, workers clear-cut the buffer zone, followed by widening and repaving of I-691. The clear-cutting made things worse. 

"It's awful up here," said Hyde, who has since moved. "I'm 80 years old, but I'm here for the neighbors."

She started a petition, held meetings with 25 neighbors, and got no response. The group even attended preconstruction meetings at the library on the renovation project, only to learn they were outside the construction area. But Quinn said despite that, the neighborhood has a problem. 

According to CT DOT, any engineering feasibility of noise abatement measures must meet certain decibel levels of noise reduction within a specified cost per square foot. A minimum of two-thirds of the property owners must also support the noise abatement measure. 

Quinn's bill is now before the General Assembly's Transportation Committee, where it will receive a public hearing. He expects some opposition but hopes the affected neighbors will testify. 

Scarpati supports the bill.

"We've had a lot of discussion about poor quality of life, noise and traffic," Scarpati said. "It really ramped up when the 91 project started, and neighbors came out to inform us of their daily issues and impact on daily life. The state should realize that although Meriden is not one of the wealthier communities, Meriden is at the crossroads of Connecticut and shouldn't be forgotten." 

CT Construction Digest Wednesday January 29, 2025

Trump funding freeze leaves IIJA, IRA projects in limbo

Julie Strupp

Last week, President Donald Trump told federal agencies to stop disbursing Infrastructure Investment and Jobs Act and Inflation Reduction Act funding, including money that Congress already authorized. The move has thrown climate and infrastructure projects at various stages of development into uncertainty, as his agenda regarding federal government contracts and grants continues to rapidly evolve.

Trump’s Jan. 20 “Unleashing American Energy” order to pause and review funding processes has “significant implications for the implementation of the IIJA and IRA,” according to Washington, D.C.-based law firm Crowell, and may lead to project delays, terminations and broader economic uncertainty. 

Its precise implications may not be fully understood for months, “and this uncertainty alone is likely to disrupt infrastructure projects and give rise to claims,” according to an alert Crowell partners shared with clients Monday. 

“Whether the pause is temporary or becomes permanent, this action potentially could halt billions of dollars in obligated funding for infrastructure projects that already are underway, including those already under construction,” according to Crowell.

Another major announcement this week around funding has led to more confusion. A Monday internal memo from the Office of Management and Budget ordered a pause on all federal grants and loans, starting at 5 p.m. Tuesday. Federal agencies must temporarily halt funding and agency activities that may be implicated by the executive orders, “including, but not limited to, financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal,” according to the memo.

Nonprofit groups and a small-business organization have already filed a lawsuit challenging the directive and asking a judge to temporarily block the funding freeze, CNBC reported. In addition, the attorneys general of New York, California, Illinois, Massachusetts, New Jersey and Rhode Island were planning an announcement related to the funding pause this afternoon.

There are many open questions about the scope and effects of Trump’s orders and how they will be implemented, but it’s clear they will affect the contractual and other legal rights of federal contractors, Daniel Ramish, partner at Dallas-based law firm Haynes Boone, said in an email. 

“This will have a broad effect on federal contracts, grants and other assistance agreements in the specified areas and will take time to unpack,” according to Ramish. “Contractors and assistance recipients should follow these fast-moving actions closely and consider how their awards may be affected.”

Orders and clarifications

Section 7 of Trump’s Unleashing American Energy order directs federal agencies to halt all disbursements under the two laws while they ​“review their processes, policies, and programs for issuing grants, loans, contracts, or any other financial disbursements of such appropriated funds for consistency with the law.” It gives agencies 90 days to report how the frozen spending aligns with the new administration’s energy goals. 

The order’s wording was unclear to many, prompting the Office of Management and Budget to issue a Jan. 21 memo limiting the directive to programs that Trump has termed part of a “Green New Deal” in Section 2, and noting that “agency heads may disburse funds as they deem necessary after consulting with [OBM].”

However, Section 2 of the Unleashing American Energy order does not discretely list portions of the two laws for which money should be paused. Rather, it uses broad language to direct agency actions, touching on issues like energy exploration, non-fuel minerals, protecting economic and national security and “eliminating the electric vehicle mandate.” 

Section 7 does specifically cite funds to build EV charging stations, like the $2.5 billion Charging and Fueling Infrastructure Discretionary Grant Program and the $5 billion National Electric Vehicle Infrastructure Formula Program.

Provisions of Trump’s executive orders will likely face legal challenges in the coming months, according to Ramish.

Project freeze scope still unclear

Even with the Jan. 21 clarifying memo, the scope of Trump’s Unleashing American Energy directive is unclear as to whether it is limited to certain types of infrastructure expressly identified in the order, or more broadly to all projects funded under the IIJA and IRA, according to Crowell. 

“While OMB’s [Jan. 21] statement suggests that the Executive Order will only impact funding of what it calls “Green New Deal” projects, neither OMB nor the Executive Order clearly define the characteristics of such projects, leaving open to interpretation whether infrastructure projects for roads and bridges, broadband, and other traditional infrastructure could be impacted, at least in part,” according to Crowell. 

As of December, $294 billion in IIJA funds remained unallocated. While some experts expected the Trump administration to halt spending that federal agencies have yet to dole out, the executive order leaves unclear whether the freeze will also encompass spending that is legally committed under contract, according to a Canary Media article.

Indeed, Trump and incoming OMB Director Russell Vought have argued that the president has expansive power to cancel congressionally authorized spending, a move known as impoundment, according to Forbes. That goes against the prevailing interpretation of federal law: that presidents cannot unilaterally cancel congressional funds.

While much is in flux at this stage, Trump’s first term and his executive orders issued over the last week offer some clues for what federal contractors can expect, according to Ramish. Historically Trump emphasized efficiency and results-oriented accountability in federal grants, and his administration has indicated that it intends to implement policies favorable to American industry and to carry out a deregulatory agenda. 

Construction industry training programs yield new talent pipeline; some say more is needed, including hiring ratio reforms, to address labor shortage

Harriet Jones

Hiring rules and the workforce shortage in construction will become issues at the legislature this session, with numerous lawmakers drafting bills to address Connecticut’s apprenticeship hiring regulations.

“We are exacerbating the skilled worker shortage,” said Chris Fryxell, president of the Connecticut chapter of the Associated Builders and Contractors. “And we’re making it more difficult for Connecticut to meet our goals of improving our infrastructure and improving on things like affordable housing, improving our roads and bridges.”

Fryxell was lamenting the state’s 1:3 apprenticeship hiring ratio requirement on contracting companies in electrical, plumbing, pipe fitting, HVAC and metal-working trades. The rule requires contractors to have a certain number of licensed journeymen on staff for each apprentice they hire.

Contractors can hire up to three apprentices at a 1:1 ratio. That means a company must have three licensed journeymen on staff if it wants three apprentices. It would need two journeymen for two apprentices.

After the first three apprentice hires, the ratio increases.

So, a company with 12 licensed journeymen can only have six apprentices. To hire a seventh apprentice, the company must expand to 15 journeymen.

Smaller companies for whom this would be a burden are supposed to be able to apply for a waiver through the state Department of Labor, but many say the waiver process itself is lengthy, cumbersome and the outcomes uncertain.

“It’s preventing new workers from going after their goal of becoming a skilled craftsperson,” Fryxell said. “We would love to reduce that apprenticeship hiring ratio to one-to-one.”

Several Republican lawmakers have proposed bills in the Labor and Public Employees Committee that would lower or even eliminate the hiring ratio. Another proposed bill aims to expedite the application process for apprenticeship ratio relief.

Hands-on training

Fryxell’s organization represents about 250 companies in what’s known as the “merit shop” side of the construction industry — that is, non-union. It’s addressing the need for skilled workers with its own initiative — an associated nonprofit school called the Construction Education Center.

Founded in Rocky Hill in 2007, the school moved to Plainville in 2018 in search of larger premises.

“We weren’t able to offer the hands-on training portion of the curriculum,” said the school’s education director Marcie Addy. “One of the member companies took the lead on building this new facility for us. So now our entire building is 8,000 square feet, and we have the hands-on training rooms that are available for HVAC, electrical, plumbing, sheet metal and carpentry.”

The school currently has 142 apprentices enrolled. It also provides continuing education and certifications for people who are already in the skilled trades.

Addy says they have no shortage of applicants, and plan to continue expanding to as many as 280 apprenticeship places in the next four years.

“I do see more parents who are open to their children pursuing a career in the trades,” she said.

Tuition at the school runs about $2,500 a year, but Addy says many students are able to get either scholarships or employer sponsorships that cut the cost.

And the need does seem to be out there when they graduate.

“There are estimates that say more than one in five construction workers is 55 or older,” said Fryxell. “We’re losing people to retirement, and really we’re losing the most experienced skilled workers, and we’re not filling them in quickly enough. I still feel like we’re losing ground each year.”

Cyclical nature

Connecticut currently has 62,500 construction workers — one of the higher levels of employment since the 2008 financial crisis, which significantly reduced the industry’s workforce. The sector employed 69,000 workers in January 2008, according to state Department of Labor data.

Nationally, the federal Bureau of Labor Statistics forecasts that total construction employment will rise from 7.03 million in 2021, to 7.28 million in 2031, for a net need of more than 25,000 workers per year.

“Our members are very hungry for workers right now,” Fryxell said. “When we speak to ABC contractors, almost every single one of them are looking for additional workers to help the business grow and also to meet current demand in their backlog.”

And hence the dispute over the hiring ratio, which non-union shops and trade associations like ABC see as an unnecessary bottleneck in the workforce pipeline.

But not everyone agrees. Unions in the licensed trades, like the International Brotherhood of Electrical Workers, have opposed any fundamental changes to the ratio system.

Residential construction doesn’t offer the same level of wages that industrial and commercial construction does, and Sean Daly, the business manager of IBEW Local 90 in New Haven, believes that side of the business simply wants the ability to hire more apprentices to keep costs down.

“To ​me, ​it’s ​just ​a ​search ​for ​cheap ​labor,” Daly said.

He also points to the cyclical nature of construction. The residential market has been hot in the recent past, but fluctuates with interest rates.

“​They ​want ​to ​have ​as ​many ​apprentices ​as ​they ​want, ​and ​then ​as ​soon ​as ​they’re ​not ​busy ​they ​get ​rid ​of ​them,” he said. “Taking in ​too ​many ​apprentices ​would ​only ​put ​twice ​as ​many ​young ​kids ​out ​of ​work.”

And, he says, unscrupulous contractors sometimes don’t educate those apprentices properly, or even credit them with the worksite hours they need to become journeymen, keeping them trapped at a lower wage.

But Daly does agree that the waiver-request process — what’s known as ratio relief — should be a lot easier. That’s the compromise he’d rather see than legislation to change the ratio itself.

“Sometimes it takes 12 weeks,” he pointed out. “The Department ​of ​Labor ​should ​just ​set ​up ​a ​website ​where ​a ​contractor can log in and ask — ‘​I ​have this ​many ​journeymen ​and this ​many ​apprentices, can ​I ​get ​another ​apprentice?’ And they should be able to answer that real fast. We’ve ​been ​talking ​to ​the ​department ​for ​three ​years ​about ​doing ​it.”

‘Primary pipeline’

Marc Okun, the business manager for Carpenters Local 326, also believes that lower wages in the residential sector give an impression of a more acute worker shortage than actually exists.

“There isn’t a lack of people for higher-end trades,” he said. “I think where the people are lacking is probably in the residential or subcontractor market like the home remodeling, because they’re lower paid.”

For Okun, instead of considering the hiring ratio, a more helpful change the legislature could make this session would be to require that contractors who win large public contracts, like school construction, include apprentices in their bids.

He says young people’s interest in the trades is very high — the union’s apprenticeship program is currently oversubscribed — but fewer people make it through the selection process. He has about 250 active apprentices in Connecticut, and about 30 to 40 graduate each year.

“I think what we end up seeing is people think that it’s a way to make fast, easy money, and they don’t realize how hard it actually is,” he said.

Nevertheless, the union is seeking ways to improve the workforce pipeline. Last year it lowered the entry age for its apprenticeship program from 18 to 17, meaning that current high schoolers can join.

Brent McCartney, an education consultant with the Connecticut Technical High Schools system, says that change is exciting because it allows the schools and unions to work together to mentor students in the industry.

“Our goal is to be the primary pipeline for a lot of this workforce,” McCartney said.

The technical high schools system recently debuted its CTECS Career Center, a LinkedIn-style communication app for contractors and other employers to communicate with staff and students about their hiring needs. And the system’s work-based learning program allows students 16 and older to get work experience with employers for both a wage and school credit.

McCartney also says CTECS’ curriculum is changing to accommodate real-world developments in industry. Eli Whitney Technical High School’s carpentry offering, for example, was recently expanded into a building and civil construction program.

That change was prompted by the passage of the federal Bipartisan Infrastructure Act, which is expected to bring $5.4 billion in infrastructure funding to Connecticut — a boost to the construction industry.

“We couldn’t fit in those skills in a typical carpentry program, so we needed to adapt,” McCartney said.

Solar farm with 12,000 panels proposed for Stonington-Ledyard border

Carrie Czerwinski

Stonington — A renewable energy company has proposed a 12,000-panel solar farm on Lantern Hill Road.

The proposal before the Connecticut Siting Council, by North Haven-based Greenskies Clean Energy, LLC, would transform 28 acres near the border of Ledyard into a 4.99-megawatt solar energy farm. Such a farm would produce enough electricity to power about 700 homes per day, according to data from the Solar Energies Industry Association.

The property located between 227 and 327 Lantern Hill Road, known as Lantern Hill Farm and owned by Noreen Wienges of Arizona, encompasses 78 acres of land bounded by Whitford Brook to the east at the border with Ledyard.

According to plans submitted to the Connecticut Siting Council, the project would consist of almost 12,000 solar panels across 458 rows with 26 panels per row surrounded by a seven-foot-high fence.

Under state law, the siting council has jurisdiction over siting, construction, and operation of solar farms.

The project has received a 20-year power purchase agreement from the state’s Shared Clean Energy Program.

Greenskies has proposed an agricultural co-use plan for the property, which includes growing herbs or plants for natural dyes that would be harvested and sold and perennial grasses and pollinator-friendly plants.

A secondary plan would see sheep graze on the property.

The property, a former dairy farm and bottling facility, is located in the Greenbelt Residential Zone, which allows agricultural uses such as keeping livestock, and by special permit, schools, golf courses and agricultural production, among other uses.

The Council on Environmental Quality has noted some concerns with the project, including reports of an endangered species of turtle living near the project area.

The council recommended Greenskies work with a herpetologist to protect the animals as well as follow best practices and guidelines for restoring farmland and for construction in an aquifer protection zone, as the eastern portion of the project is located in an aquifer protection zone.

The company asserted in its application that no refueling of vehicles or storage of hazardous chemicals would occur within the protection zone, and less than one gallon of polyvinyl chloride glue and less than 25 gallons of fuel would be stored on-site.

Greenskies would construct a gravel access road off an existing gravel road used by Aquarion Water Co. to access neighboring Aquarion property.

In an email to First Selectman Danielle Chesebrough’s office last week, Aquarion representative William Smith stated that the water company had no concerns with the project.

“If this was proposed on steep slopes in a watershed it would be more concerning. While we never want to see agriculture land go out of production, there is probably less threat of herbicide and fertilizer use close to the well if the land was to lay fallow with just a solar array. Also, in regard to the types of development that could potentially get approved for this site a solar array is better than housing with septics, fertilizers, fuels, etc,” he wrote.

On Friday, Stonington Town Planner Clifton Iler said the planning department had reviewed the application and had no comment for the siting council.

The deadline for the siting council’s final decision is March 26.

CT Construction Digest Tuesday January 28, 2025

Comptroller vows to fight wage theft with proposed bill

Laura Tillman

State Comptroller Sean Scanlon announced legislation on Monday that would target companies that are under investigation for wage theft by empowering his office to cut off payments for state contracts.

“An Act Allowing the Comptroller to Enforce Wage Statutes,” which has not yet been assigned a bill number, aims to create a faster, more muscular mechanism for rooting out wage theft after an audit revealed that about a thousand cases of wage and workplace complaints were languishing in a state Department of Labor backlog and too few investigators are being employed by the department to investigate them.

Last year, the Labor and Public Employees Committee tried and failed to pass a bill that would have nearly doubled the number of investigators to 45 by mid-2026.

Scanlon said he was proud of the proposal.

“I promise that, moving forward, that if there is a company that’s shortchanging workers, we’re gonna shortchange them.”

“We see a rise in bad actors doing bad by the workers that work for them,” Scanlon said. “For too long, too many people have been waiting for an answer, and I believe that if we stop the multimillion-dollar checks that are coming into some of these companies, you’re gonna get an answer faster.”

The bill would create a system in which the comptroller would be notified when a company with state contracts comes under investigation for violating wage law. The comptroller could then choose to stop payments for that project until an investigation has been completed and penalties are finalized.

Scanlon was joined by Rep. Julie Kushner, D-Danbury, who co-chairs the Labor and Public Employees Committee, Rep. Darrell Wilson, D-Norwich, Sen. Jorge Cabrera, D-Hamden, Sen. Joe Toner, executive director of the Connecticut State Building Trades Council, and Kimberly Glassman, the director of the Foundation for Fair Contracting.

According to Glassman, the proposal would give the state a new way to hold bad actors accountable, one that could be quicker to deliver results than long investigations. She said some companies could respond as quickly as 24 to 48 hours.

“Wage enforcement has been a bipartisan issue in Connecticut, something we should be proud of, and I hope we continue that

Glassman said that wage theft is rampant within the construction industry.

Toner said that the problem of contractors taking advantage of workers in Connecticut is growing, in some cases with contractors bidding low to secure contracts then taking that money out of workers’ wages.

“It cannot continue to happen,” Toner said.

Kushner said the bill is about catching cheaters and that she was glad it’s gaining public attention.

“Because I don’t think the public likes cheaters,” Kushner said. “They’re not just cheating the workers — they’re cheating the whole system. They’re cheating when it comes to workers comp, they’re cheating when it comes to taxes, and there are the good guys out there that are actually following the rules, so you’re hurting other contractors as well.”

These 8 CT schools got state OK for construction reimbursements totaling $152M

Jessica Simms

Eight school building projects have made the state's School Construction Project Priority List for 2025.

In total, the state's Department of Administrative Services is providing $152.4 million in grants to support school building projects in Fairfield, Greenwich, Norwich, Plainville and Woodbridge.

The combined cost of the local projects is $262.7 million.

Fairfield

Three Fairfield public schools on the priority list — Osborn Hill and North Stratfield elementary schools and Fairfield Woods Middle School — received money to "improve thermal and air quality, facility security and energy efficiency," according to the project details.

Along with installing HVAC fresh air and air conditioning systems throughout the three schools, each building will get a secure entry vestibule and an upgrade on their fire sprinkler system. 

If necessary, they will get improvements on their electrical and water systems, along with their building management system. LED lights will also be installed within all the ceilings where work is being done.

The estimated cost depends on the building: Osborn Hills' work is estimated to cost $597,500, North Stratfield's is estimated to cost $652,500 and work at the middle school is estimated to cost $769,500. 

All three will receive a state reimbursement grant of about 26 percent of the cost of their project, with an estimated grant amount for Osborn Hills of $155,768, a grant of $170,107 for North Stratfield and $200,609 for the middle school.

Greenwich

The cost to renovate, add four classrooms and make Old Greenwich School Americans with Disabilities Act accessible is going to be slightly more than $45 million.

The project will get a 20 percent reimbursement from the state, now it has been listed on the state's construction priority list, worth about $9 million. 

According to the project details, OGS was originally built in 1902 and has not undergone any significant capital projects in 25 years. 

The project proposal includes adding in new HVAC systems, installing an emergency generator and upgrading the building's communications, fire alarm and emergency lighting systems, along with selective roof and window replacements. 

It also will include creating a new, secure, ADA-accessible main entrance at the front plaza. There will be a new elevator and more ADA-compliant bathrooms.

Norwich

Norwich is getting two new school buildings. 

Both John M. Moriarty Elementary School and Uncas Elementary School lack proper security, technology, power needs and building systems, according to the project details. The new buildings will "address these issues and provide a new, updated learning environment."

The two new buildings will be built on the current buildings' sites. Once their built, the old building will be demolished. 

The new schools are expected to feature air-conditioned and adequate air ventilation to meet current codes along with a fire alarm system that uses audible and visual alarms to notify people if there is a fire. Both buildings are slated to offer a school-wide intercom system that will be linked to the emergency notification system, sprinkler system and other features. 

The new John M. Moriarty building is expected to cost $74 million while the new Uncas building is estimated to be $76.4 million. 

Both schools are expected to get a state reimbursement rate of slightly more than 67 percent: The John M. Moriarty project, will receive about  $49.7 million; Uncas is expected to receive $51.3 million. 

Plainville

Plainville Middle School is set for a renovation. 

While the main structure is in good conditions, the infrastructure and most of the building’s original components are in poor condition, according to the project details. 

"In addition, most of the programmatic spaces are lacking in fundamental needs such as security, technology, power distribution and 
quality building controls that regulate temperature and air quality," according to the project description. 

The renovation project, which is estimated to cost about $62 million, is going to increase classroom size, add a secure entry vestibule and replace outdated mechanical equipment. It will also include an HVAC and electrical and plumbing upgrade and a roof replacement. 

This project is slated to get a nearly 43 percent state reimbursement, which is estimated to be $40.4 million.

Woodbridge

District 5's Amity Regional High School's media center and surrounding classrooms will be getting an upgrade. 

There will be new lighting, temperature controls and systems, fire systems, plumbing and furniture. 

The current library layout "allows no line of site of the entrance, which will also be expanded" so students can come and go in a more efficient way, the project details state. 

The project is estimated to cost about $3 million and will also include expanding the collaborative areas in the library so more students can interact. The classroom attached to the media center will also be redesigned. 

The state reimbursement rate for the project is about 43 percent, which is estimated to be $1.3 million.

Students, administrators celebrate first day at new Torrington High: ‘Everyone was really excited’

Jack Sheedy

TORRINGTON — Principal Brian Scott said despite the subzero temperatures, most things went smoothly during the first day of classes in the new Torrington High School building Jan. 22.

“The parent drop-off line definitely was a little bit longer than we had anticipated, but I think that was the combination of a new building plus some really cold weather this morning,” he said at the end of the day.

He said it was 6 degrees below zero when he arrived in the morning.

“I think a lot of families that the students normally walk in, got driven in today, so (that) created a little bit longer line than we had anticipated,” he said.

Superintendent Michael J. Wilson agreed the day went smoothly, thanks in part to advance planning.

“Amazing day,” he said. “We were here first thing this morning to greet all the kids in the central office (and) other administrators throughout the district. And, you know, obviously all the high school administrators were really welcoming the kids first thing this morning. And it was a great atmosphere, a great vibe. Everyone was really excited.”

Opening-day confusion was at a minimum, he said, because many parents and students had toured the building earlier during parent-teacher nights.

“We held them here rather than at the old building,” he said. “Students got a chance to find their way around, so that helped a lot. But this morning, there were a couple of anxious faces. And we reminded everyone, if it says 1001, you're on the first floor. If it says 2001, you're on the second.”

The four-story, 310-000-square-foot building will cost about $179.5 million, with the state reimbursing the city 85%. The middle school wing will open for classes in September.

Wilson expressed thanks to Mayor Elinor C. Carbone, the Board of Education, the building committee “and everyone who worked really hard for the citizens of this wonderful community to make this happen. I mean, this is an amazing facility.”

In contrast to these impressions are some memories of April 29, 1963, when the soon-to-be-demolished THS buildings were new.

Paul Bentley, an alum from the Class of 1966 and author of several Torrington-themed books, recalls that day in a Facebook message: “I remember a lot of confusion that first day and being amazed with the A-B connector which was state-of-the-art to me.”

Phil Oles, from the Class of 1964, recalls in an email, “I remember how nice the new chem labs were. I think there were students or teachers directing us to homerooms because the school was massive and easy to get lost in.”

A yearbook from 1964 recalls “moving into a fine building referred to as the new high school. The first day was marked by a flag-raising ceremony.”

Editors of the 1965 yearbook wrote, “As we walked wide-eyed through the glass-enclosed corridors, we noticed many new and strange devices (including) a public address system, which reaches every part of the five-unit building.”

Enrollment in 1963, according to The Torrington Register of that day, was 1,754. Enrollment in 2025 is 1,050, Scott said, adding there are 107 certified teachers and counselors and 94 non-certified employees.

“I think the building and all of the facilities in the building are going to give the students a lot of really new and exciting opportunities, particularly in the performing arts, as well as in the STEM fields,” Scott said.

He said the school has new construction and engineering labs, including a new auditorium, podcast studio and music studio.

The 495-seat auditorium features cameras and microphones placed strategically to record events, Scott said. The side walls feature acoustic sails, which he said redirect sound toward the center. The ceiling has what he said is an “acoustic cloud,” which absorbs sound to minimize echoing.

“There is actually additional acoustic panels that lower down to form a shell behind the band to redirect the sound,” he said.

Students will have the opportunity to learn the Dante sound system, which Scott said is widely used across the country. Fully certified and licensed sound engineers could be qualified to work at TV stations or for Broadway productions, he said.

Scott said the first major use of the new auditorium will likely be the spring production of the Broadway musical “Working,” an adaptation by Stephen Schwartz of the book by the same title by Studs Terkel. The play ran on Broadway in 1978, according to IBDB.

A podcast recording studio will be used by Music Tech II students, taught by band director Wayne Splettstoezer, Scott said. “We are hoping to expand it and have other teachers in other departments also start creating podcasts,” he said.

Across the hallway is a modern band room, with electronic instruments and a DJ stand. “Once we have it all set up, we will have a full recording studio for music on this side and a full recording studio for podcasts on that side,” Scott said.

Micheal Ahoua, a THS senior who has excelled academically and in football and track, said he is excited about the new high school building.

“I’m honestly impressed with how smooth (opening day) went, especially for moving into a new school midway through,” he said. “When schools and districts have new schools, you usually wait until the end of the year and then kick it off at the start of the year, but we went with doing it in the second semester, and honestly, it looks so far (that) it’s going pretty well.”

Micheal said he is looking forward to the renovation of the Connie Donahue Gym, the only structure from the old THS buildings to be spared the wrecking ball.

“The Connie Donahue is going to be refurbished and essentially broken down and rebuilt and then connected to our current new school,” he said.

CT Construction Digest Monday January 27, 2025

No Easy Fix For Three Stamford Bridges

 Angela Carella

STAMFORD – Three small bridges in the city are proving to be big headaches.

All are coming to critical junctures at the same time.

City officials have been discussing the 125-foot West Main Street bridge, built in 1888 and listed on the National Register of Historic Places, for a quarter century – most intensely in the last half-dozen years. 

The bridge is so deteriorated that it has been closed even to foot traffic. The city engineer said last week that the historic bridge “is in a state of failure.” A temporary bridge has been installed alongside it for the many West Side pedestrians who need to cross Mill River to get downtown. 

The other two bridges are caught in a construction conundrum in North Stamford. Work on the 32-foot Cedar Heights Road bridge over Rippowam River must be finished before work can begin on the nearby 25-foot Wire Mill Road bridge. Both cannot be closed at the same time because each road serves as a detour route for the other.

But the Cedar Heights project ran into snags, and completion is significantly delayed. That’s a problem for the Wire Mill project because, if it doesn’t start on time, it won’t finish on time. That would jeopardize the federal funds that will pay for replacing the Wire Mill bridge.

Members of the Board of Representatives’ Operations Committee discussed the three projects last week.

‘This bridge is toast’

They began with the iconic West Main Street bridge, which was failing long before the state Department of Transportation closed it to car traffic 23 years ago for safety reasons. 

After decades of neglect, funding gained and lost, political clashes, and debate about whether to reopen the bridge to car traffic, last week it appeared, again, on the Board of Representatives agenda.

There was a common refrain.

“It’s time we reach a conclusion,” city Rep. David Watkins told the committee. “There has been impassioned talk before, but it’s clear – this bridge is toast.”

City Rep. Annie Summerville, a board member since 1977, said the West Main Street bridge has been a subject of debate for most of those years. She remembers when it was called “the purple bridge” for the leftover paint a city crew slapped on it to slow the rusting, Summerville said.

“It’s time, Board of Representatives,” she told her colleagues. “Let’s take a shot at it. I pray we will make the right decision.” 

City Rep. Jeff Stella of the West Side district has been at the center of the bridge debate during his eight years on the board.

“I’m tired of us dragging our feet. We need to make a decision, like, yesterday,” Stella said. “We had funding before and we lost it simply because of our inability to move forward. It’s going to collapse if we don’t do something.”

A rare, if rickety, gem

The double-span, wrought-iron lenticular truss bridge was built by a Connecticut company, Berlin Iron, that was known nationwide for the design. The Stamford bridge is one of only eight left in Connecticut, and one of the last historic structures in the downtown.

Representatives have said they want to preserve history. Many are concerned that the economy and people of the West Side, a lower-income neighborhood, are hurt by the loss of vehicular traffic over the bridge. 

But the original structure is so deteriorated that the city installed a temporary prefabricated bridge, which opened a year ago, so West Siders could continue to walk to the downtown.

The questions for the board now are what they have been – should the historic bridge be rebuilt? If so, should it handle foot traffic only, or also vehicles? Should the bridge be removed and the iron arches salvaged and incorporated into the temporary bridge or some other structure in Mill River Park? What will it cost and where will the funding be found?

City Engineer Lou Casolo reminded board members that they have a detailed report from a firm hired by his office. The report lays out four options “and the pluses and minuses behind each” one, Casolo said.

“We can always want more, but when does it end?” he said. 

It’s up to the board “to determine how to move forward,” Casolo told city representatives. “I recommend that the board work with each other to reach consensus and do that through a resolution.” 

City Rep. Nina Sherwood, the board’s Democratic majority leader, asked that a resolution be drafted and added to the Operations Committee’s February agenda. Representatives agreed.

“Every time this item is on the agenda I think … ‘Is anything ever going to change?’” Sherwood said. “Let’s do something about it … I hope we will have a resolution next month.”

A bridge too low

The committee then discussed the Cedar Heights Road bridge replacement project, which began in April 2023 and was supposed to be completed by the end of that year. 

The contractor ran into problems with the weather, diverting the river, and moving utility lines that run above and below the bridge, according to information from the city. The completion date was moved to May 2024 and then June 2024 before it was discovered that the rebuilt bridge was too low. The contractor, Tony Vitti of A. Vitti Excavators, said it was a surveyor’s error. 

Vitti now is working through the winter to raise the bridge to the proper height, Casolo told city representatives.

“The contractor is maintaining tented enclosures that are heated,” Casolo said. “They are fully cooperating with the city to fix it and pay for it.”

Tony Vitti said the Cedar Heights bridge will be open by May 15, the day the Wire Mill bridge must close so work can begin there.

“We’re ahead of schedule,” Vitti told the committee.

“Opening the Cedar Heights bridge has to coincide with closing the Wire Mill bridge or there will be a lot of trouble,” Casolo said. 

Wire Mill and Cedar Heights roads are main arteries in woodsy North Stamford, the city’s most rural neighborhood. Both roads cannot be closed at the same time, Casolo said.

“There are not many options there,” he said.

Dependent deadlines

The federal government will cover 80 percent of the $1.9 million cost to replace the Wire Mill Road bridge. But the project must be completed by the end of this year. Otherwise, government officials can pull back some of the funding or cut it altogether.

Work on the Wire Mill Road bridge must begin by May 15 because the project is expected to take 244 days, which brings it to the end of the year, Casolo said.

“It’s tight, and this is construction, so anything can happen,” Casolo said. “But we think the plan we’re on now is the one that will get us there.”

If things go wrong, a possible contingency plan is for Vitti to work around the clock once spring arrives, Casolo said. 

“It’s something you typically see on I-95, not on a city street,” he said.

According to the city’s website, the state Department of Transportation rated the 1957 Wire Mill Road bridge in “poor” condition. It will be rebuilt to withstand forces that would be brought on by a 100-year flood.

Developer's plan to build 112 unit housing development in West Hartford set for public hearing

Michael Walsh

WEST HARTFORD — Plans to build 112 units of housing at the site of a former health and rehabilitation center will be the subject of a Town Council public hearing on Tuesday.

In December, Vessel Technologies filed plans with West Hartford outlining their desire to build the housing development, which would offer 30% of its residences as affordable housing.

It's the latest housing development proposal to come West Hartford's way, which has so far been amenable to making zoning changes to allow for multifamily housing to be built across town, including facilitating the recent groundbreaking of a synagogue that will be converted into affordable housing. Other communities have been less agreeable to doing so, leading to thousands of homes being denied across the state in 2024.

Vessel is seeking a similar zoning change at 29 Highland St., which formerly was Hughes Health and Rehabilitation until it closed in 2023. The developers would need the Town Council to rezone the property from single family to multifamily housing. The application is being filed under the state's 8-30g application guidelines.

In December, Vessel's executive vice president, Josh Levy, told CT Insider that they felt that the site, which is surrounded by other multifamily housing developments, would be perfect for one of their unique build outs, which uses prefabricated building model and parts, shortening construction time.

"One of things we always find really compelling is when there is a property that is underutilized or has sort of fallen into disrepair and it can have a second life," Levy said at the time. "Single-family homes always have second, third and fourth lives. But a lot of times, commercial buildings end up sort of sitting there and collecting dust because there's not an economic way of restoring them and there isn't a way of continuing the current use. There's nothing that ends up getting done that's positive. We think it's a great opportunity to fit within the community."

Levy said the development's 112 units of housing would be spread between 98 one-bedroom units, six two-bedroom units and eight three-bedroom units. Because of their construction process, Levy said the market rate units would be "attainable" in price compared to other developments in town.

"That's always our goal, to have units that are less expensive than typical class A units," Levy said in December. "We want to offer class A units at a discount. We try to provide a better value for people. That way we can provide better housing for more people in the community who need it."

The public hearing on the proposal is set for Tuesday, Jan. 28 at 6:30 p.m. at the town hall. A Town Council vote on the development could potentially following at the group's meeting later that night.

Shelton developer adds housing to hotel, restaurants plan on Bridgeport Avenue

Brian Gioiele

SHELTON — A proposed development with a hotel, restaurants and retail at the corner of Bridgeport Avenue and Long Hill Cross Road now includes housing. 

Crown Point Associates — owned by Jim Botti, Jr. and his brothers Travis and Trevor Botti — presented the updated plans to the Planning and Zoning Commission Wednesday during a public hearing on the application for a Planned Development District for the 18-acre lot. The public hearing was continued to a future date. 

The site is comprised of the 48 Long Hill Cross Road parcel — on which now sits a house — and the abutting 15 acres of vacant land. 

The revised plans include two structures, each with four townhouses, with access off Long Hill Cross Road. It calls for only five structures on the main portion of the property, down one from the original plan. 

“The townhouses were the result of removing the far south pad and addressing the issue of what would go on the upper level of the property,” said Dominick Thomas, who represents the developer. “Hawks Ridge liked it because it was a residential use, provided a buffer and included a substantial conservation easement.” 

The new plans resulted from discussions between the developer and representatives of Hawks Ridge, a nearby housing development off Long Hill Cross Road, where homeowners voiced concerns about the impacts of the development. 

Thomas said another key is the developers making the construction entrance from neighboring Crown Point Center. 

Attorney Brian McCann, representing the Hawks Ridge Association, told the commission that the plans presented at the public hearing were a result of extensive talks between the developer and the homeowners. 

The plans show that Woodspring Suites, a 123-room hotel, will anchor the site, which will also feature Texas Roadhouse and the DQ, which would have a drive thru. In all, the project calls for 640 parking spaces with three access points off Bridgeport Avenue.  

Woodspring Suites has dozens of hotels in 40 states and the District of Columbia. There is one other one in Connecticut, in Newington.  

Botti’s Crown Point Associates owns the neighboring Crown Point Center which has six buildings and 60,000 square feet of space total off Bridgeport Avenue. Tenants include Wendy’s, Dunkin', Common Grounds, The UPS Store, a Subway sandwich shop, a T-Mobile store, a nail salon and a pizza restaurant. 

Botti was also the developer behind many other Bridgeport Avenue projects, such as the King Point shopping plaza and a restaurant and bank complex at 828 Bridgeport Ave., as well as founder of nearby Fountain Square, which is now under new ownership. 

United Rentals to Acquire H&E Equipment Services Inc.

United Rentals Inc. and H&E Equipment Services Inc. d/b/a H&E Rentals announced their entry into a definitive agreement under which United Rentals will acquire H&E for $92 per share in cash, reflecting a total enterprise value of approximately $4.8 billion, including approximately $1.4 billion of net debt.

Founded in 1961, H&E provides its customers with a comprehensive mix of high-quality general rental fleet including aerial work platforms, earthmoving equipment, material handling equipment, and other general and specialty lines of equipment.

With approximately 2,900 employees and $2.9 billion of rental fleet at original cost, the company serves a diverse mix of customers across both construction and industrial markets through its network of approximately 160 branches in over 30 U.S. states.

On a trailing 12-month basis through Sept. 30, 2024, H&E generated $696 million of adjusted EBITDA on total revenues of $1,518 million, translating to an adjusted EBITDA margin of approximately 45.8 percent.

Strong Strategic Rationale

The transaction is consistent with United Rentals' "grow the core" strategy, and legacy H&E customers will benefit from one-stop access to United Rentals' specialty rental offerings across Fluid Solutions, Matting Solutions, Onsite Services, Portable Storage & Modular Space, Power & HVAC, Tool Solutions and Trench Safety.

H&E's fleet, experienced employees and customer service footprint of branches across over 30 strategic U.S. states are complementary with United Rentals' existing network. Importantly, the combination will increase capacity for United Rentals in key U.S. geographies.

The combination will expand United Rentals' rental fleet by almost 64,000 units with an original cost of over $2.9 billion and an average age of under 41 months, as well as roughly $230 million of non-rental fleet.

United Rentals and H&E share many cultural attributes, including a strong focus on safety, a customer-first business philosophy and best practices for talent development and retention. Critically, H&E employees will bring a wealth of experience to United Rentals, and will have greater opportunities for career development within the larger combined organization.

Strong Financial Rationale

The purchase price of approximately $4.8 billion represents a multiple of 6.9x adjusted EBITDA for the trailing 12 months ended Sept. 30, 2024, or 5.8x adjusted EBITDA including $130 million of targeted cost synergies and the net present value of tax attributes estimated at approximately $54 million.

The combination is expected to generate approximately $130 million of annualized cost synergies within 24 months of closing, primarily in the areas of corporate overhead and operations. Additionally, United Rentals expects to realize procurement savings of approximately 5 percent as compared to historical H&E pricing.

United Rentals expects to realize approximately $120 million of annual revenue cross-sell synergies by year three, as legacy H&E customers take advantage of United Rentals' specialty rental offerings.

The acquisition is expected to be accretive to United Rentals' adjusted earnings per share and free cash flow generation in its first year post-close.

Return on invested capital (ROIC) is expected to reach the company's cost of capital by the end of year three on a run-rate basis, with compelling IRR and NPV across multiple macro scenarios.

The transaction is projected to result in a pro forma net leverage ratio at closing of approximately 2.3x, well within the company's target range of 1.5-2.5x. Upon closing, the company intends to reduce its leverage with a goal of reaching net-debt to EBITDA of approximately 2.0x within 12 months after acquisition close. Accordingly, the company has paused its share repurchase plan in anticipation of driving towards this goal.

The integration of H&E into United Rentals' operations presents opportunities to improve efficiency, productivity and new business development with the adoption of United Rentals' operational excellence, including its technology offerings.

The transaction is not conditioned on the availability of financing. United Rentals has obtained bridge commitments to ensure its ability to close the transaction as soon as possible, with the expectation that it will use a combination of newly issued debt and/or borrowings and existing capacity under its ABL facility to fund the transaction and related expenses at close.

Notably, the transaction will not impact the company's current dividend program.

Matthew Flannery, chief executive officer of United Rentals, said, "In H&E we're acquiring a well-run operation that's primed to benefit from our technology, operations and broad value proposition. Most importantly, we're gaining a great team that shares our intense focus on safety and customer service.

"We'll be working side-by-side throughout the integration to capitalize on best-in-class expertise from both sides. We will use our well-honed integration playbook as we prepare the acquired branches to take full advantage of our systems and operational capabilities, and gain from our employee and customer-centric culture.

"I look forward to welcoming our new team members upon the closing of the acquisition.

"This purchase of H&E supports our strategy to deploy capital to grow the core business and drive shareholder value. This acquisition allows us to better serve our customers with expanded capacity in key markets while also providing the opportunity to further drive revenue through our proven cross-selling strategy. Not only does the agreement satisfy the rigorous strategic, financial and cultural standards we set for acquisitions, but it also drives attractive returns for our shareholders."

Bradley W. Barber, chief executive officer of H&E, said, "I'm extremely proud of what we've built at H&E over the last 60 years and am confident that our combination with United Rentals will take the business to new heights going forward."

John M. Engquist, executive chairman of H&E, added, "I couldn't be more pleased with this win-win outcome for both organizations, our customers and our shareholders. Importantly, I want to thank our employees for driving the results that made this transaction possible. I am confident that we've found an excellent landing spot for them and I am excited for the new opportunities they will have as part of United Rentals."

Transaction Details

The boards of directors of United Rentals and H&E unanimously approved the transaction, which is subject to customary closing conditions, including a minimum tender of at least a majority of then-outstanding H&E common shares and the expiration of the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. United Rentals intends to commence a tender offer by Jan. 28, 2025 to acquire all of the outstanding shares of H&E common stock for $92 per share in cash.

Following completion of the tender offer, United Rentals will acquire all remaining shares not tendered in the offer through a second-step merger at the same price as in the tender offer. The transaction is expected to close in the first quarter of 2025. The company plans to update its 2025 financial outlook to reflect the combined operations following the completion of the transaction.

The merger agreement includes a 35-day "go-shop" period which runs through Feb. 17, 2025, during which H&E — with the assistance of BofA Securities, its exclusive financial advisor — will actively solicit, evaluate and potentially enter into negotiations with, and provide due diligence access to, parties that submit alternative proposals.

H&E will have the right to terminate the merger agreement to accept a superior proposal subject to the conditions and procedures specified in the merger agreement, which H&E will file with a Current Report on Form 8-K. There can be no assurance that this 35-day "go shop" will result in a superior proposal, and H&E does not intend to disclose developments with respect to the solicitation process unless and until its board of directors makes a determination requiring further disclosure.

Despite Trump’s orders, DBE not dead yet

Joe Bousquin

Programs that carve out participation goals for traditionally underrepresented workers on federal construction contracts may be under fire, but they’re not dead yet. 

That was the take from an attorney who focuses on these kinds of government initiatives after President Donald Trump issued several executive orders this week to eliminate diversity, equity and inclusion efforts in the federal government and revoked a ban on discrimination in federal contracting. 

Chris Slottee, an attorney at Schwabe in Anchorage, Alaska, who specializes in federal contracting, said because the programs were created by Congress, it will take congressional action to eliminate them. 

“The executive orders certainly indicate a certain hostility to disadvantaged business programs, and the agencies will take their lead from the President,” Slottee said in an email. “But, the programs have not been, and cannot be, as they have been enacted by Congress, ended by executive order.” 

A slew of orders

Slottee’s comments came after Trump on Tuesday rescinded an executive order issued by President Lyndon Johnson in 1965 during the Civil Rights Movement to ban discrimination in federal contracts. 

That move followed several other executive orders signed Monday aimed at eliminating the DEI priorities of the federal government set by former President Joe Biden. On Tuesday, Trump extended that focus to include private businesses, directing agencies to create plans to “encourage the private sector to end illegal discrimination and preferences, including DEI.”

On Wednesday, the White House issued a memo saying that Trump’s action “protects the civil rights of all Americans and expands individual opportunity by terminating radical DEI preferencing in federal contracting and directing federal agencies to relentlessly combat private sector discrimination.” 

The Small Business Administration’s 8a program and the Department of Transportation’s Disadvantaged Business Enterprise program set aspirational goals for women and other traditionally underrepresented groups to receive portions of government construction contracts. 

Those programs have faced legal challenges since the Supreme Court banned affirmative action in university admission practices in 2023. While the challenges put the programs under fire, they also prompted changes that could give them stronger legal footing. 

Bottom of Form

For example, the SBA’s 8a program, and to some degree, DOT’s DBE program, no longer presume individuals are disadvantaged based on their sex or race, Slottee said. By eliminating race and sex as a basis for automatic participation, the programs could be shielded from Trump’s orders. 

“Accordingly, the current small business contracting programs for disadvantaged businesses no longer involve race as a factor, and therefore may not be directly impacted,” Slottee said. 

Diminished support

Although the changes may give the targeted programs cover, in general, Slottee said they will likely be weakened under the new administration. 

“We can potentially see second order impacts on those programs, based on changing leadership at the SBA and the DOT, with a potential change in focus or lessening of support for these programs,” Slottee said. 

There could be other impacts for contractors that work on federally funded projects from Trump’s actions this week as well, Slottee said.

“Presidents have historically used their ability to issue executive orders to attach strings to federal contracts, be it the obligation to have an affirmative action plan for employment, to mandated sick leave for Service Contract Act employees,” Slottee said. “President Trump’s executive orders may have the result of doing away with some of those regulatory requirements, thereby lessening the administrative burden on government contractors.”

CT Construction Digest Friday January 24, 2025

FuelCell Energy signs $160M contract for 7.4-MW Hartford power plant 

Andrew Larson

Danbury-based FuelCell Energy announced Wednesday that it has inked a $160 million contract with two utility companies to provide 7.4-megawatts of electricity from a fuel cell power plant it will build in Hartford.

The power plant will be located on an industrial site near Brainard Airport and is expected to be completed by December 2026.

It will use natural gas-powered fuel cells to produce electricity, which FuelCell will sell to Eversource and United Illuminating under a 20-year power purchase agreement.

The project is expected to generate more than $160 million in future revenue for FuelCell, the company said.

The announcement comes as the state seeks ways to increase the supply of electricity to help lower energy costs. 

FuelCell President and CEO Jason Few said the company appreciates “the state’s goal of increasing ‘always on’ electric supply – especially from sources that use low-emission natural gas and avoid combusting the fuel.”

“Fuel cells are ideal for urban settings because they deliver space-efficient, quiet, and emission-free distributed resilient and reliable energy,” Few said.

FuelCell operates a microgrid at the U.S. Subbase New London, a 15-megawatt power plant in Bridgeport, a 14-megawatt power plant in Derby and a 58.8-megawatt power plant in South Korea.

In 2022, FuelCell shelved a power plant project in Hartford as part of a cost-cutting measure.

Torrington in solar shock

SLOAN BREWSTER 

TORRINGTON – In a decision that came weeks before the Feb. 12 deadline, the Connecticut Siting Council on Thursday unanimously approved a 3-megawatt solar farm on Lovers Lane.

State Rep. Joe Canino, R-Torrington, said he was on the remote meeting when the council approved Lodestar Energy’s application to install the solar farm at 181 and 191 Lovers Lane. Canino, who sent a letter opposing the application to the council in September 2024, said he will be looking into the possibility of appealing it.

“It blows my mind,” he said. “The siting council is here to protect the residents … from the projects that have both environmental implications and are close to homes.”

A member of the General Assembly’s Energy and Technology Committee, Canino said the committee will be raising a bill to prevent such facilities from being built within 500 feet of residential housing.

Residents of the 81-unit Country Woods Condominiums at 187 Lovers Lane expressed shock and dismay over the decision. They had asked for a 200-foot buffer between the property line and the solar array. Lodestar, in a letter to the council, said that wasn’t possible and it can only leave 100 feet.

Residents of the complex also are concerned about a 17-acre swath of trees on the 54-acre property that will be culled for the array and a species of threatened wood turtles that lives there.

“I’m sick over it,” condo resident Carol Muro said. “This is so heartbreaking. It’s terrible.”

Muro is concerned the clearing of the trees will cause erosion, and lead to flooding into condo units and the parking lot. She noted the members of the Connecticut Siting Council are appointed, not elected.

“It’s just disgusting,” she said. “Who the heck are these people to have the final say? So, did they come and look at what this is going to do to this property?”

Alina Ida, who lives next door to Muro, has drafted letters in opposition to the solar farm for the complex’s board. She said condo residents had hoped to get the array moved further from their property line because two buildings will see it. Ida, who expressed disappointment with the decision, wondered where condo residents will turn with their concerns.

“What’s the chain of command when there’s a complaint?” she asked. “If the shrubs die, if there’s disturbance, if the solar panels get damaged as a result of lightning or hail storms?”

She also wondered how the solar array will affect their property values.

State Rep. Jay M. Case, R-Winsted, said local leaders should have input when solar arrays eat up acreage in their cities and towns.

“It’s frustrating the municipality doesn’t have a say in what goes on within their borders,” he said. “I hope the legislation this year will bring light and help municipalities to be at the table.”

Last week, Case put forward a bill that would grant municipal leaders the power to impose moratoriums on solar projects in towns and cities. The proposed bill would amend state statutes to allow local zoning commissions with two or more existing solar farms to approve and reject solar projects, and enact moratoriums.

Case also noted state Rep. Mary M. Mushinsky, D-Wallingford, put forward a bill banning clear cutting of forests for solar facilities. She has requested that Case amend his bill and add the tree-clearing language.

Torrington to fix bridge

SLOAN BREWSTER

TORRINGTON – The Church Street bridge will be rehabbed starting this winter and be completed by August.

The City Council on Tuesday authorized Mayor Elinor C. Carbone to enter into a $1.5 million contract with McNamee Construction Corp. of Lincolndale, N.Y., plus up to $70,000 for contingencies, utility relocation and fluctuations in the amount of materials.

Because the bridge did not qualify for state funding, the money will come from the city’s Bond Fund and Town Aid Road Fund, city engineer Paul Kundzins said.

Work includes restoration of the deck and sidewalks, modifications to the parapet, replacing the deck, waterproofing the membrane, repaving, girder and end diaphragm repairs, bearing restoration and insulation of rails, Kundzins said.

“The bridge isn’t in terrible shape,” he said. “The deck and the girders are still in good enough condition that they don’t need to be replaced. They just need to be repaired.”

The state Department of Transportation completes inspections every two years, Kundzins said. The Church Street bridge was among a list of bridges in the city that needed work based on recent inspections.

The city also conducts its own comprehensive bridge analysis and rates bridges based on conditions, Kundzins said. Church Street was in the top five of bridges that need work.

The cost of the project includes repaving Church Street from Water to High streets.

“We’re doing an overlay on the whole road,” Kundzins said. “It makes sense if we’re paving the bridge that we might as well pave right through and do the whole thing.”

The Bogue Road bridge was the first on the list to be completed. The $2.37 million replacement project wrapped up in April 2023.

“Bogue Road was actually the highest priority,” Kundzins said.

The bridge on East Albert Street over the Naugatuck River is next in line for rehabilitation.

Kundzins said most of the work on the Church Street bridge will not disrupt traffic. The only road closures will be for a short period in June or July when crews remove the asphalt from the bridge deck, waterproof the membrane and repave.

“The work up until then is going to be underneath the bridge,” he said. “You won’t even see the work being done. Even the sidewalk work we can get done with the road being open.”

Trump deals blow to future of local offshore wind projects

Greg Smith

As promised, President Donald Trump dealt a blow to the offshore wind industry on his first day in office Monday by signing an executive order that halts new leases for offshore wind farms in federal waters.

The impact locally is still unclear, but opponents view the move as a serious obstacle, creating uncertainty for future offshore wind projects.

Danish offshore wind developer Ørsted, which has a 10-year lease at the newly redeveloped State Pier in New London, announced Monday that its value had dipped $1.7 billion in the fourth quarter of 2024, citing rising costs for its U.S. projects and a delay in the development of Sunrise Wind.

The commissioning of Sunrise Wind, a 924-megawatt wind farm off the coast of Montauk, N.Y., and one of three offshore wind projects to be staged and shipped from State Pier, will be delayed until the second half of 2027, Ørsted said. A representative from Ørsted said the company is in the process of reviewing Trump's executive order "to assess the impact on our portfolio," but declined further comment.

Ørsted has used State Pier to stage offshore wind components for South Fork Wind and Revolution Wind. The latter is under construction off the coast of Rhode Island and will be the first and only wind farm to produce power for Connecticut.

Members of the Connecticut Port Authority Board of Directors, which owns State Pier and oversaw its $310 million reconstruction, met Tuesday for its regular monthly meeting. Trump’s position on offshore wind — and its possible effects locally — was only briefly alluded to during the meeting. Executive Director Michael O’Connor said he would continue exploring bringing new business to State Pier.

“If there’s a shift in what we do at State Pier, we’ll have to manage that,” he said.

Paul Whitescarver, the port authority's board chairman, said Gateway, the company hired to manage State Pier, has a vested interest in keeping the pier busy whether it is related to offshore wind or traditional cargo.

"As the President's Executive order was just issued last night, we want to review it and give it full consideration before making any statements. Regardless, State Pier in New London was rebuilt to accommodate a wider variety of general cargo in addition to offshore wind components," Whitescarver said in a statement. 

American Clean Power Association CEO Jason Grumet, in a statement on Monday, said the trade association supports "Trump’s effort to reform the permitting process to speed the development of all forms of domestic energy production." But the organization, which advocates for renewable energy sources, "strongly opposes blanket measures to halt or impede development of domestic wind energy on federal lands and waters."

“Wind power is an essential element of our ability to serve soaring electricity demand for manufacturing and data centers that are key to national security. It is also playing a growing role in our energy systems in red and blue states across the country," Grumet said.

Kristin Urbach, executive director of the nonprofit Connecticut Wind Collaborative, said the group is reviewing Trump's executive order and "will refrain from making any speculative statements at this time."

Robin Shaffer, president of Protect Our Coast NJ, a group opposed to offshore wind projects, said in an interview Tuesday that his group is among a host of others "ecstatic that President Trump fulfilled his campaign promise regarding offshore wind."

"We believe this is the first step in moving away from this reckless, unreliable, unproven and unaffordable technology and moving us towards energy sources that are proven and sustainable and more environmentally friendly," Shaffer said.

Shaffer said he thinks Trump's executive order and others that could follow might serve to provide headwinds and uncertainty for future wind projects, some of which are in the permitting stages. Part of Trump's executive order pauses permitting for onshore and offshore wind farms while they are under review.

"Everything is in doubt right now," Shaffer said. With all of this doubt and uncertainty, does it make sense to pour millions, even billions of dollars, into these projects if ultimately there is going to be a stop work order?"

Ørsted CEO Mads Nipper said in a statement Monday that the setbacks to Ørsted are "very disappointing," but said the company remained committed to the U.S. market in the long term.

“We continue to navigate the complexities and uncertainties we face in a nascent offshore industry in the new U.S. market," Nipper said in the statement.

CT backs East Hartford affordable housing project with expected $25 million for final phase

Joseph Villanova

EAST HARTFORD — State officials have allocated resources for the renovation of the Veterans Terrace housing development to the tune of an anticipated $25 million in financing and tax credits.

The state-sponsored 150-unit affordable housing project, located on Columbus Circle in East Hartford, has been under renovation for years by the East Hartford Housing Authority, which operates a handful of public housing projects in town.

The state Department of Housing and the Connecticut Housing Finance Authority announced Thursday direct financing and low-income housing tax credits to help get it across the finish line. 

The town received a 50-year, $36 million loan in 2019 to demolish 42 old units and construct 45 new units at Veterans Terrace, and the complex was listed in the town's June 2023 affordable housing plan as in the midst of a $60 million redevelopment. The state Bond Commission granted $3 million to East Hartford in October 2023 for construction of a community facility at Veterans Terrace. 

State officials said Veterans Terrace is on the "third and final phase" of its redevelopment, consisting of 51 units to be made affordable to households between 25% and 60% of the area median income.

The DOH announced it would provide $4.5 million in financing to the town's Housing Authority. CHFA said it will allocate tax credits that will generate $12.83 million in private investment along with $6.43 million in taxable bonds and $1 million from the authority's Opportunity Fund.

East Hartford officials said no municipal funding is included in the project.

The state assistance for Veterans Terrace is part of a package for eight municipalities and 658 housing units, 381 of which are deemed affordable for low- and moderate-income renters, totaling more than $21.8 million in loans and grants from the DOH and tax credits and financing from CHFA valued at $116.5 million.

Other developments receiving assistance from the DOH and CHFA include the Elle at North Main, a 49-unit mixed income rental community in West Hartford, and developments in Ansonia, Fairfield, New Britain, Rocky Hill, Stamford and Stratford.