Construction Outlook February 2025 by Ucane

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OFFICERS

President BRIAN COONEY

C. C. Construction, Inc.

President Elect

CHRIS VALENTI

GVC Construction, Inc.

Treasurer

QUERINO PACELLA

RJV Construction Corp.

Secretary

LISA FRENCH KELLEY

W. L. French Excavating Corp.

BOARD OF DIRECTORS

MARCELLA ALBANESE

Albanese Brothers, Inc.

CALVIN BRANDFORD

CHB Excavating

GERRY CARNEY, JR.

C. N. Wood Company, Inc.

JULIA D’ALLESSANDRO

D’Allessandro Corp.

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

JUSTIN GOODHEART

J. F. White Contracting Co.

DAN HORGAN

R. H. White Const. Co., Inc.

MARK LANGEVIN

Phoenix Communications, Inc.

WILLIAM LEONARD

Aqua Line Utility, Inc.

KARIN MARSHALL

Boston Concrete Corp.

MIKE McCARTHY

J. Derenzo Co.

RYAN McCOURT

McCourt Construction Company

JOHN McGRATH

Methuen Construction Co.

MICHELE NORTON

HUB International New England

ROBBIE OUR

Robert B. Our Co., Inc.

RICHARD PACELLA, JR.

R. M. Pacella, Inc.

MARK SZELA

Insituform Technologies LLC

JOSEPH NOLAN

Executive Director

FEBRUARY, 2025

5 President’s Message: Investment in Our Aging Water Systems is More Important Now Than Ever Before!

7 Legislative Update:

• New Legislative Session Begins; UCANE Filings of Interest

• Governor Files FY26 Budget Proposal

• Emissions Webinar on Impact of ACT & HDO Rules Held for Legislators

• Agreement Reached on Mistakenly Spent Unemployment Insurance Funds

• News in Brief

21 MassDEP Releases Draft CY2025 Clean Water & Drinking Water SRF Lists Totaling $794.1Million

31 UCANE Interview:: Representative Jack Patrick Lewis (7th Middlesex)

35 Legal Corner: Massachusetts Bid Protest Decision: Mandatory or Optional Pre-Bid Walk Through?

39 Under the Hard Hat: A n Interview with UCANE Board Member John McGrath, Methuen Construction Co., Inc.

45 UCANE’s 14th Annual Trade Show

47 Insurance Perspective: A 2025 Outlook for New England’s Water and Sewer Utility Industry – Navigating Challenges with Sustainability and Resilience

52 Truck Side Guards are the Law in Massachusetts

55 Ending Illegal Discrimination and Restoring Merit-Based Opportunity

57 UCANE’s Safety Corner: The Danger in your Back Seat: The Common Hazardous Materials Carried by Construction Workers

61 2025 Scholarship Applications Now Available

63 Amid Transition, US Court Overrules Biden Labor Agreement Rule on Federal Projects

65 Technology in Construction: Trends, Tech, and Strategies Driving the 2025 Construction Industry

68 Get to Know Your UCANE Associate Members: United Rentals Trench Safety

70 How to Comply with OSHA’s New PPE Standard

72 Construction Industry Must Attract 439,000 Workers in 2025

75 Spotlight on Cape Cod: Orleans Announces Sewer Grant Program

Editors: Joseph F. Nolan & Anne Klayman, Associate Editor: Suzanne Hatch

Magazine Designer/Associate Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan

Construction Outlook Chair: Brian Cooney

Editorial Board: Brian Cooney, Chris Valenti, Querino Pacella, & Lisa French Kelley

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Investment in Our Aging Water Systems is More Important Now Than Ever Before!

The need for investing in replacing and/or improving our water and wastewater infrastructure has never been greater. Many aging systems require urgent upgrades to continue providing clean drinking water and reliable wastewater treatment across New England. Rising construction costs and regulatory demands further burden municipalities and contractors. Without adequate funding, delays lead to failures, environmental hazards, and economic setbacks.

This winter has been far colder than last year’s, impacting work schedules and increasing watermain breaks across the Northeast. These breaks occur as aging pipes expand and contract in fluctuating temperatures. Massachusetts has some of the most well-built yet aging infrastructure in the country. Some systems, built nearly a century ago, remain functional, but others, such as reinforced concrete pipes from 30 to 70 years ago, are well past their useful lifespan and are deteriorating rapidly.

Many UCANE members remain busy performing these emergency repairs, but proactive investments could prevent many of these failures. Aging Water Infrastructure is “out of sight and out of mind” until disaster strikes. Beyond repair costs, these failures disrupt businesses, inconvenience residents, and result in significant water loss. The costs of inaction greatly outweigh the price of upgrading these essential systems.

Since 2020, federal programs like the CARES Act, ARPA, and the BIL have provided crucial boosts to infrastructure funding. However, as the federal government prepares to return to prepandemic funding levels, it is critical to keep water infrastructure investment a priority. As federal support threatens to wane, we must advocate for sustained investment at state and local levels. Legislators must prioritize water and wastewater infrastructure to modernize aging systems and meet future demands.

UCANE, alongside industry partners, has filed an Omnibus Water Funding bill to highlight the urgent deficit in water infrastructure funding, amounting to tens of billions of dollars. The challenges of our deteriorating water and wastewater infrastructure must be met with the same urgency as the recently approved $8 billion transportation commitment over the next decade. Investing in these critical systems now will prevent far greater costs and disruptions down the road.

It is imperative that we, as an industry, continue to raise awareness and push for increased funding at all levels. Without immediate action, our communities will continue to face increasing failures, disruptions, and financial losses. Too many cities and towns have learned that waiting until pipes burst or wastewater systems overflow is too late. Investing in water infrastructure is not just important—it is essential.

We urge you to support UCANE in advocating for increased water and wastewater funding. Together, we can work to see that critical investments happen before the next century-old water system fails, protecting public health, our economy, and the environment for future generations. #InvestInwaterMA n

Excavator Beware Dig safely around natural gas lines

Whether you operate heavy equipment or use handheld tools, when you dig, you risk contacting natural gas pipelines. Use these tips to stay safe:

• Notify 811 well in advance of digging or moving earth in any way – even for small jobs

• Respect the locate marks and follow them when digging.

• Dig with care in the vicinity of underground natural gas pipelines.

• If you find an unmarked or mismarked line, stop digging and notify 811

• Report any suspicious activity near a natural gas pipeline marker.

• Don’t rely on your nose alone. Be alert for the many warning signs of a natural gas leak.

• Know what to do if your equipment contacts a natural gas pipeline.

To report a gas emergency, call 911 and National Grid immediately

Massachusetts 911 and 1-800-233-5325

Rhode Island 911 and 1-800-640-1595

New York

Long Island and the Rockaways: 911 and 1-800-490-0045

Metro NY: 911 and 1-718-643-4050

Upstate NY: 911 and 1-800-892-2345

For additional safety information and materials, visit ngridsafety.com and connect with us on

New Legislative Session Begins; UCANE Filings of Interest

January 1, 2025 rang in the start of the 20252026 legislative session as members of the Massachusetts House of Representatives and the Massachusetts Senate were sworn in for the new two-year session. Senate Democrats elected Senator Karen Spilka as their Senate President; House Democrats chose Representative Ron Mariano as Speaker of the House. For their part, House Republicans elected Representative Brad Jones as House Minority Leader; Senate Republicans elected Senator Bruce Tarr as Senate Minority Leader. In the House of Representatives, there will be 19 new Representatives while the Senate will see three new Senators, two of whom previously served in the House. Early areas of work will likely include rules reform to reflect the new reality of being able to pass larger bills past July of the second year, the filing of the Governor’s FY26 budget proposal, and assignment of leadership and committee assignments in both branches.

For its part, UCANE will be seeking to advance three particular pieces of legislation during the session. The first bill is relative to the timely payment of law enforcement. This legislation clarifies that awarding authorities are responsible for handling the payment of police details on a project. By assigning responsibility in this manner, bid items for police details will become unnecessary at the procurement phase, which will result in more accurate bid proposals and greater control over construction costs. This language would only apply to public contracts bid under Chapter 30, §39M of the Mass. Gen. Laws. Furthermore, this type of work is often horizontal in nature including, but not limited to: road, bridge, water and sewer projects, among others. The legislation has been filed by Representative Dan Cahill and Senator Michael Moore.

The second proposal that UCANE will support creates a flexible Commonwealth Water Infrastruc -

ture Trust Fund, which will be funded on connection fees charged to general contractors. Already, many municipalities charge a “connection fee” for access to municipal water and sewer mains. The proposed legislation would increase the connection fees by $250 for residential properties and $1,000 for commercial properties paid by general contractors and specifically dedicate these additional funds to the newly created Commonwealth Water Infrastructure Trust Fund. The Commonwealth Water Infrastructure Trust Fund would then divide the collected fees among four entities: Fifty percent (50%) of the amount received would go to the city or town where the fee was collected; forty percent (40%) of the collected fee would be directed to the Massachusetts Clean Water Trust; five percent (5%) will go to the Massachusetts Department of Environmental Protection (MassDEP) to specifically work with municipalities with economic target areas to address their water infrastructure needs and the final five percent (5%) would be distributed to the Massachusetts Department of Revenue for administrative and enforcement costs associated with the increase. The legislation has been filed by Representative Sean Garballey and Senator Brendan Crighton.

The final proposal, with whom UCANE is joining with other Water Infrastructure Alliance (WIA) members like the Massachusetts Water Works Association, the American Council of Engineering Companies, Massachusetts, and the MWRA Advisory Board, among others, creates an omnibus water infrastructure funding mechanism that will provide a wide variety of potential methods for increasing funding for the Commonwealth’s growing water infrastructure funding gap. While the American Rescue Plan Act (ARPA) and the federal bipartisan infrastructure law provided short term funding (i.e. five years or less); the Commonwealth will face a steep water infrastructure fund-

continued on page 9

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Legislative Update

continued from page 7

ing cliff as federal funds under the Clean and Drinking Water Revolving Funds (SRFs) programs are not expected to grow under the next Administration. The Clean Water Trust (CWT) has acknowledged the same. With the upcoming Environmental Bond Bill (EBB) to be debated in the 2025-2026 legislative session, this legislation will provide a mechanism for highlighting and discussing a variety of potential tools and mechanisms for addressing the growing gap and reduction in federal infrastructure funds. The legislation has been filed by Representatives Ted Phillips, Jessica Giannino, Mike Kushmerek, and Meg Kilcoyne, and Senator John Cronin in the Senate.

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Governor Files FY26 Budget Proposal

The Healey-Driscoll Administration released its fiscal year 2026 (FY26) budget proposal on the third Wednesday of January. The $62 billion spending plan increases spending over the fiscal year 2025 (FY25) general appropriations act (GAA) by $4.3 billion (7.4 percent), and over the Administration’s estimated spending level of $60.256 billion by $1.8 billion (2.1 percent). As reported by the Massachusetts Taxpayers Foundation (MTF), spending increases are reflected in the healthcare, education, and transportation sectors, driven by non-discretionary cost increases and investments

supported by the income surtax. To support this level of spending, despite expectations for limited revenue growth, the Governor’s budget utilizes approximately $1.94 billion in one-time and ongoing revenue generating-initiatives, including 12 tax policy proposals.

In particular, the Governor’s FY26 budget proposal recommends $62.07 billion in total spending, a $4.29 billion (7.4 percent) increase over the FY25 GAA. Non-surtax spending totals $59.58 billion, a $3.79 billion (6.8 percent) increase over the prior year and $1.5 billion (2.6 percent) greater than the administration’s reported estimate for FY25 spending. After accounting for $7.65 billion in statutorily required transfers, the Governor’s budget includes $69.73 billion in total spending commitments.

The proposed budget, filed as House 1, fully funds the fifth year of the Student Opportunity Act, increases Unrestricted General Government Aid by 2.2 percent and seeks to stabilize the MBTA, boost Chapter 90 funding to $300 million per year for the next five years and invest billions in the transportation system and higher education campuses. In doing so, the Governor’s proposed budget dedicates $765 million in Fair Share revenue to the Commonwealth Transportation Fund (CTF) to leverage $5 billion in borrowing over the next 10 years for capital expenditures, while also making impactful investments in annual operations. These funds will be appropriated to support transportation investments including $500 million to stabilizing the MBTA’s operations, more than doubling support from last year. It also maintains key initiatives such as the Income-Eligible Fare Relief program, the MBTA Academy, grants to support fare-free programs at Regional Transit Authorities and RTA connectivity.

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According to a press release from the Governor’s Office, the borrowing unlocked by utilizing the CTF, along with surplus Fair Share and other resources, will enable the state to invest $8 billion in transportation over the next 10 years, including $1.5 billion ($300 million per year) over five years for Ch. 90 reform, $1.5 billion for road and bridge repair, and $850 million for the MBTA to support maintenance facilities modernization and power system resilience.

Of particular interest to UCANE members, the Governor’s budget also proposes the following:

• Clean Water Contract Assistance Line-Item: $63.383 million (level funded from previous year)

• Underground Storage Tank (UST) Program LineItem: $5.9 million ($1 million decrease as claims are decreasing)

• Department of Environmental Protection Administration Line-Item: $54.1 million ($200K reduction; the Massachusetts legislature usually pushes this amount a little higher)

• Commonwealth Sewer Rate Relief Line-item: Not included. (The Governor usually does not include

this line-item; it is a House priority and usually gets included for $1.5M)

Policy sections of interest include language authorizing automated enforcement authorization for use in work zones (Sections 4, 49, 50, 56, 132 and 133). This language, following up on the new laws for bus lane enforcement and school bus stop-arm automated enforcement which passed at the end of last session, would allow the state and municipalities to establish speed camera enforcement on roadways and within work zones and school safety zones.

The Massachusetts House of Representatives and Massachusetts Senate will hold joint public hearings on the Governor’s proposed budget during February and March. The House will then release its proposed budget in April; the Senate will then release their version in May. A final Conference Committee report will then be issued after negotiations between both branches in June, in time for the fiscal year’s start on July 1.

To view the Governor’s filing letter, budget message, budget briefs, and specific account information, please visit: https://budget.digital.mass.gov/govbudget/fy26/.

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Emissions Webinar on Impact of ACT & HDO Rules Held for Legislators

Senator Mike Moore (D-Milbury) sponsored a webinar on Tuesday, January 28 for his colleagues and stakeholder groups to highlight the impact of Massachusetts’ adoption of the California Air Resources Board’s (CARB’s), Advanced Clean Truck (ACT), and Heavy-Duty Omnibus (HDO) rules back in December of 2021. Over 80 attendees from legislative offices and stakeholder groups heard from an array of panelists not only about the impact of the ACT and HDO rules, but about the truck purchasing process overall. Senator Moore and Representative Angelo Puppolo, along with Representatives Steve Howitt, David Muradian, and Brad Jones, are sponsors of legislation to delay the implementation of the ACT & HDO rules until 2027 while directing the Commonwealth to purchase electric MHD in the meantime.

The purpose of presentation was to familiarize attendees with the truck purchasing and upfitting process, while also covering practical issues with

simply embracing electric trucks without consideration of more reasonable and practical alternatives in the short term. To that end, Kevin Weeks, Executive Director of the Trucking Association of Massachusetts (TAM) provided an overview of the issues impacting end-users of medium- and heavyduty (MHD) trucks. Chris Marsh, Director of Sales for Advantage Truck Group (ATG), highlighted the impact the regulations have had on truck dealers and the complexity of working with manufacturers in this new regulatory world, given ACT’s effective date of January 1, 2025.

UCANE’s own Gerry Carney, President of C. N. Wood Company, Inc. covered a number of topics, including, but not limited to: providing an overview of the MHD truck purchasing cycle; the relationship between manufacturers, truck dealers, and truck upfitters; impediments presented by the ACT & HDO rules, as well as an explanation about how the current rules are preventing both the public and private sector from acquiring new, necessary equipment. Chris Cronin, the recently retired Director of the Andover Department of Public Works, provided the purchaser perspective. While speaking to his role within the Town of Andover, Chris highlighted the many considerations that go into maintaining, building, and running a municipal fleet – particularly in an environment where needed MHD trucks can no longer be purchased.

Finally, UCANE’s contract lobbyist, Mark Molloy of Cascade Strategies focused on the need to reasonably reduce emissions in the short and long terms. In doing so, he provided insight into some of the clean emissions strategies that can be used – whether related to clean diesel MHD trucks, focusing on “last mile” transportation or alternative fuels other than electric – to reduce emissions throughout the Commonwealth. Senator Moore closed out the presentation by urging his colleagues to work with him, but, as importantly, urging stakeholder groups to “get involved by getting to know your legislators” and asking them to co-sponsor the new legislation.

To review a copy of the aforementioned legislation, please visit: https://malegislature.gov/ Bills/194/SD137.

Agreement Reached on Mistakenly Spent Unemployment Insurance Funds

As reported by the State House News Service, Massachusetts must pay the federal government $2.1 billion over the next decade after the Baker Administration mistakenly used federal pandemic funds to cover unemployment benefits. Governor Healey, who worked feverishly to reduce the original amount of $3.5 billion, reached the agreement with President Joe Biden’s Administration before he left office. In essence, the Commonwealth will repay most, but not all, of the amount it owed due to the error committed years ago.

By way of background, the Governor’s Office announced in the summer of 2023 that it was discovered that the Baker Administration improperly used about $2.5 billion in federal pandemic relief funds to cover jobless benefits that should have been paid by the state. With fees and interest, the total liability surpassed $3 billion. Payments will begin December 1, 2025 and continue each year for the next decade, according to the Healey Administration.

The agreement calls for principal payments to come from the Unemployment Insurance Trust Fund,

which is funded by a tax on employers and is also used to pay benefits. Interest payments will come from the state's General Fund. Businesses will not face higher rates on their unemployment insurance payments through at least the end of 2026. After that, rates will depend on system reforms, meaning that the business community may see a large increase in unemployment insurance rates in the future. To forestall any future increase, Governor Healey instructed Secretary Lauren Jones of the Executive Office of Labor and Workforce Development and Secretary Matthew Gorzkowicz of the Executive Office of Administration and Finance to "conduct a comprehensive review of the solvency of UI and assess potential reforms.” Even before accounting for $2.1 billion in additional payments, the Healey Administration projected the UI Trust Fund will be hundreds of millions of dollars in the red by the end of 2028.

To learn more about the unemployment insurance system and how calculations are made, please visit: https://www.mass.gov/guides/guide-to-employer-contributions-to-dua.

continued on page 19

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News in Brief

• Chapter 90 Funding Reform Filed by Governor. In addition to filing their proposed FY26 budget, the Healey-Driscoll Administration filed a supplemental budget to provide $1.5 billion over 5 years for municipalities for transportation related costs. The funding, which will support the so-called “Chapter 90 funding program,” has provided road and bridge funding for all 351 cities and towns since 1973. Rising construction costs and changing travel patterns however necessitated a renewed focus on the program. Funded at $200 million annually since 2012, except for a onetime increase in 2015 and some supplemental funds from the Fair Share surtax in 2023 and 2024. Many municipalities and stakeholder have stated that the funding was not keeping pace with municipal needs considering inflation, rising construction costs, and the impacts of climate change. Flat funding levels have made it difficult for municipalities to address larger projects in a timely manner, forcing them to save annual program funds over multiple years to cover such work. The distribution formula, based on roadway mileage, population, and employment, has not been changed in 50 years.

• New Sideguard Legislation Filed to Address Li-

ability and Expand Program to Municipal Contracts and Utilities. With the ink still drying on MassDOT’s new regulations governing safety equipment for heavy trucks under state contracts (540 CMR 4.00 et. seq.), proponents of sideguards and other safety equipment (convex/concave mirrors/rear facing cameras) have already filed legislation to mandate the use of such equipment on all trucks used in connection with municipal and utility contracts. The legislation (SD801/HD3225), which proposes a start date in 2028, presents an interesting dynamic of jumping from purely public contracts (i.e, state/municipal) to private contracts of the utility companies. Every utility company or type of utility would be impacted by the proposed requirement, which may raise significant federal preemption issues. Another filed legislative matter, SD1245, would create a rebuttable presumption of negligence for any use of a truck, regardless of whether it is used in service of a state contract that did not have sideguards or other equipment on said vehicle. The proposed legislation also presents a number of potential legal issues. Neither bill has been sent to a committee yet. UCANE will continue to monitor these and similar bills as the session progresses. n

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Charles D. Baker Governor

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E. Polito

TMassDEP Releases DRAFT CY2025

Clean Water & Drinking Water SRF Lists

Approximately $450.8 Million Offered for Clean Water SRF in 2025

he Massachusetts Department of Environmental Protection (MassDEP) is pleased to present the Draft Calendar Year 2025 Intended Use Plan (IUP). The IUP details the projects, proponents, total project costs, and amount of funding being offered through the Clean Water State Revolving Fund (CWSRF) program. The CWSRF is a joint federal-state financing program that provides subsidized loans and grants to improve and protect water quality and public health in the Commonwealth.

January 26, 2016

To All Interested Parties:

The Massachusetts Department of Environmental Protection (MassDEP) is pleased to present the Final 2016 Intended Use Plan (IUP), which details the projects, borrowers and amounts that will be financed through the Clean Water State Revolving Fund (CWSRF) loan program. The CWSRF is a joint federal-state financing loan program that provides subsidized interest rate loans to improve or protect water quality in the Commonwealth.

The Massachusetts Clean Water Trust (Trust) is offering $835.5 million to finance wastewater projects across the Commonwealth, subject to the availability of funding. As noted in Table 1, approxi -

As noted in Table 1, Massachusetts is offering approximately $414 million to finance clean water projects across the Commonwealth. Approximately $380 million will fund 35 new construction projects and an additional $15 million will be allocated towards funding 9 previously approved multi-year projects. $2 million has been allocated to the emergency set-aside account, and $3 million will be directed to the Community Septic Management Program to remediate failed septic systems in participating communities. An additional $13.8 million will fund 15 planning projects.

mately $450.8 million is being offered to finance 25 new construction projects, and $357.3 million is being offered to finance 10 previously approved multiyear projects. Additionally, $3 million is allocated to the emergency set-aside account, $4.4 million is allocated for the Sewer Overflow and Stormwater Reuse Municipal Grant Program, $2 million is allocated to fund emergency PFAS or other emerging contaminants projects that mitigate impacts on drinking water sources, $5 million is directed to the Community Septic Management Program (CSMP) to remediate failed septic systems in participating communities, and $13 million is set aside to finance planning projects.

NEW PROJECTS

The Water Resources Reform and Development Act of 2014 (WRRDA) amended the Clean Water Act resulting in important changes to the CWSRF Program that will affect most borrowers. The primary changes to the program are the requirements for borrowers to develop and maintain a Fiscal Sustainability Plan, which is similar to an asset management plan and a certification that the cost and effectiveness of the project has been evaluated and that the project maximizes water efficiency and energy conservation. The body of the IUP discusses these new WRRDA requirements in greater detail.

The United States Environmental Protection Agency (EPA) has not yet determined the exact 2016 SRF grant allocations to the states. Based on the overall federal appropriation, MassDEP expects to receive an estimated $44 million federal grant to subsidize the CWSRF program. Under the Fiscal Year 2016 Omnibus Appropriations Bill, Congress is requiring that at least 10% of the federal grant be used to fund “green infrastructure”. The 2016 Final IUP lists 16 new “green infrastructure” construction projects. The exact monetary value of the green portion of these projects will be determined when project applications are submitted but are expected to be well in excess of 10% of the federal grant.

continued on page 23

543HAVERHILL #(PF)

(SG) - BIL CWSRF General Supplemental Grant # - Projects contains Energy Efficiency, Renewable Energy and/or meets EPA's definition of a Green Project (https://www.epa.gov/greeningepa/energy-and-emissions-epa) (BG) - Base Capitalization Grant (D)- Dropped by Applicant (H)- Housing Choice Communities (PF) - Affordability Criteria applicable, eligible for Principal Forgiveness (RE) - Potential Renewable Energy Projects 544PROVINCETOWN

18993Locke Street Sewer Separation - Phase 2

543FALL RIVER #(PF)(SG) 19009Stafford Square Flood Mitigation

543LOWELL (H)#(PF) 19109Phase 2A Centralville Sewer Separation Project

543NEW BEDFORD #(PF) 19144Phase I Sewer System Rehabilitation

543REVERE (H)#(PF) 19086Phase 16 Construction - I/I & Capacity Improvement$12,905,000$12,905,000

542YARMOUTH (PF)(SG) 19063Phase I - WRRF and Collection System

542LOWELL (H)#(PF) 19130Downtown Area and Interceptor Sewer Improvements$6,000,000$6,000,000

542FALMOUTH (PF) 19136Falmouth TASA Phase 1 Collection and Recharge$60,000,000$50,000,000

541HULL #(PF) 19127Collection System Improvements Phase 2

540BARNSTABLE (H)(PF) 19003Phinney's Lane Neighborhoods Sewer Expansion$45,070,464$10,000,000

540MASHPEE (PF)(SG) 19097Mashpee-Wakeby Watershed Wastewater System$17,230,000$17,230,000

539HARWICH (PF)(SG) 19044Harwich Great Sand Lakes Sewer Extension

539NANTUCKET (H)# 19046Phase 2 Surfside WWTF Improvements

538BARNSTABLE (H)(PF) 19085Centerville Village Sewer Expansion - South Phase$15,000,000$10,000,000

538SWAMPSCOTT (H)# 18976Sewer Rehabilitation in Phase 2B Area

TOTAL OF NEW PROJECTS

(Count: 25) (Average Rating: 544.32)

OF NEW PROJECTS $676,221,464 $450,801,400 (Count:25) (Average Rating: 544.32) (BG) - Base Capitalization Grant (D)- Dropped by Applicant (H)- Housing Choice Communities (PF) - Affordability Criteria applicable, eligible for Principal Forgiveness (RE) - Potential Renewable Energy Projects

Supplemental Grant # - Projects contains Energy Efficiency, Renewable Energy and/or meets EPA's definition of a Green Project (https://www.epa.gov/greeningepa/energy-and-emissions-epa)

$450,801,400

Dagle Electrical Construction Corp.

Construction:

• Heavy Industrial

• Commercial

• Multi-Unit Residential

• Design Build

• Ground Up

• Renovation

• Pumping Stations Transportation:

• Traffic Signal Systems

• Highway & Street Lighting Systems

• Intelligent Transportation Systems

• Parking & Snow Melt Systems

• Rail Transit Installation

Alternative Energy:

• Wind Turbine

• Photo Voltaic

• Green Technology

• Tel/Data

• Fiber Optic

• Fire Alarm

• Stand By Power Systems

• Sports Lighting

• Marine Power Installations

• Special Event Lighting & Power

$27,400,000

$835,471,400

Approximately $343.3 Million Offered for Drinking Water SRF in 2025

The Massachusetts Department of Environmental Protection (MassDEP) is pleased to present the Draft Calendar Year 2025 Intended Use Plan (IUP). The IUP details the projects, proponents, total project costs, and amount of funding being offered through the Drinking Water State Revolving Fund (DWSRF) program. The DWSRF is a joint federal-state financing program that provides subsidized loans and grants to protect public health, safeguard the drinking water supply, and improve the infrastructure systems in the Commonwealth.

The Massachusetts Clean Water Trust (Trust) is offering $343.3 million to finance drinking water projects across the Commonwealth (Table 1), with

an additional $1.3 million offered in grants for Asset Management Planning (AMP) (Table 2), subject to the availability of funding. As noted in Table 1, approximately $103.8 million is being offered to finance 11 new construction projects and approximately $185 million will finance 20 previously approved multiyear projects. Additionally, set-asides include $5 million for emergency projects, $39.5 million to finance new Lead Service Line (LSL) Replacement constru ction and planning loans, and $10 million to finance other planning projects and PFAS design costs. To encourage communities and Public Water Suppliers to engage in planning activities, MassDEP is accepting planning loan applications on a rolling basis while funding is available.

Table 1

Drinking Water State Revolving Fund CY2025 Draft Intended Use Plan

NEW PROJECTS

RatingApplicant SRF IDProject

530YARMOUTH (EC)(PF)(BG)19119Yarmouth Wells 10 & 11 PFAS Treatment

530MASSACHUSETTS WATER RESOURCES AUTHORITY 19059Cp-2 NEH Improvements

530IPSWICH (SG) 19012Ipswich Water Treatment Plant

529NEWBURYPORT (H)(EC)(SG)19054Newburyport PFAS Treatment System

526HANOVER (EC)(SG) 19091Hanover PFAS Treatment

524DRACUT WATER SUPPLY DISTRICT (EC)(PF) 19115PFAS Water Treatment Plant Expansion

523BRIDGEWATER (H)(PF)19102Plymouth St. Wells Upgrades and Raw Water Main$6,190,103$6,190,103

521PEPPERELL (EC)(PF)(SG)19132Jersey Street Well Water Treatment Plant

520GROVELAND (EC)(PF)(SG)18991Wells 1, 3 & 4 Water Treatment Plant *

518WEST BROOKFIELD (PF)(BG)19048Leland Road Pump Station Upgrade *

430HADLEY (PF)(BG) 19075Mount Warner Well Rehabilitation * TOTAL OF NEW PROJECTS

(Count: 11)

(PF)(BG)19048Leland Road Pump Station Upgrade $6,240,000$6,240,000

(Average Rating: 516.45)

* - Small System (BG) - Base Capitalization Grant (D) - Dropped by Applicant (EC) - BIL DWSRF Emerging Contaminants Grant (H) - Housing Choice Communities (LR) - BIL DWSRF Lead Service Line Replacement Grant (PF) - Disadvantaged Community, eligible for Principal Forgiveness (RE) - Potential Renewable Energy Projects (SG) - BIL DWSRF Supplemental Grant # - Projects contains Energy Efficiency, Renewable Energy and/or meets EPA's definition of a Green Project (https://www.epa.gov/greeningepa/energy-and-emissions-epa)

$103,776,578

MassDEP PRIORITY PROJECTS

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R epR esentative Jack patR ick Lewis (7th MiddLesex)

Representative Jack Lewis’ first involvement in a political campaign was back in high school. He originally volunteered on Tim Hagan’s gubernatorial campaign in Ohio because he really wanted to meet his then-wife, Kate Mulgrew (Captain Janeway from Star Trek: Voyager). While his initial motives may not have been political in nature, and yes, he did meet her on a couple of occasions, that campaign shaped his entire political future. Representative Lewis got a glimpse “behind the curtain” of how campaigns are run and was surprised by the responsibility the campaign gave him as an inexperienced teenage volunteer. Those experiences set him on a path of public service and his work in youth empowerment and social justice – not bad for a young Trekkie looking for a chance encounter with his idol.

In college, he served as Howard Dean’s Youth and Young Adult Coordinator for the state of Utah during his presidential campaign, as vice chair of their College Democrats group, and as the National Committeeman from Utah for the Young Demo crats of America. In volunteering on various campaigns, he broadened his skills and deepened his connections, never thinking that he’d run for office himself one day. After graduate school, he served as the Assistant Minister at the Unitarian Universalist Society of Wellesley Hills in Massachusetts, spearheading their social justice and youth programs. In that role, he helped found a non-profit for LGBTQ+ area teens and eventually served as the founding executive director of OUT MetroWest.

Parallel to this work, he became very involved in the local Democratic party, and when the seat for state representative opened, he was encouraged to run. He was first elected in 2016 and is now in his fifth term. Over the last eight years, he has taken the successful lead on public health, animal welfare, disability rights, and immigration bills, currently serving as the co-chair of the 64-member Massachusetts House Progressive Caucus and previously as House Chair of the Committee on Federal Stimulus and Census Oversight.

As costs continue to rise, please give us your thoughts on how the state will continue to support local aid to cities and towns to help support basic municipal services, specifically water, wastewater, and our underground utility infrastructure.

While there is great uncertainty regarding our ability to continue to depend on the federal government’s support for our Commonwealth’s infrastructure, our Commonwealth continues to have a responsibility to our local communities. There may be difficult financial decisions ahead, but without strong and steadfast investments in municipalities, our families, communities, and the larger Commonwealth cannot thrive.

permitting processes and defined long-term objectives.

Representing the 7th Middlesex District which is comprised of parts of the City of Framingham and the Town of Ashland, what are the biggest challenges for your district and the accompanying region with regard to continued economic growth?

We also have a responsibility to ensure that construction regulations ensure environmental sustainability and a safe working environment without creating undue burden on contractors, municipalities, and developers. We should also expand predictability for the development sector, with clearer

A decade ago, Framingham was an “affordable” community for working-class families (one needs to travel a little further back to explore a similar reality in Ashland). For many public school teachers west of Boston, Framingham was one of very few communities where one could be approved for a mortgage. Contractors, nurses, and public and non-profit employees were able to experience their own version of the American Dream in towns like Framingham, which is one of the reasons my family moved here in 2012. But with the increased

continued on page 33 A: Q: Q: A:

cost of homes and rent, many working-class families can no longer experience those same opportunities in my region of the state. The Commonwealth must continue to support and invest in additional housing construction, support for renters, and job training opportunities if we are to remain an accessible, diverse community.

Last session, as the House Chair of the Committee on Federal Stimulus and Census Oversight, I shepherded the governor’s bill to leverage interest on the Rainy Day Fund through the House, money that is now being used to compete for federal grants and provide greater support for municipalities. Many federal infrastructure programs have competitive grant portions available for states that make available a certain amount of their own funds. While there is great uncertainty at the federal level, this new law will continue to ensure that our communities and the Commonwealth remain competitive as we look to secure additional funding for the state.

Q:

The #InvestInWaterMA campaign, sponsored by UCANE, highlights the importance of water infrastructure to a wide variety of industries. Please share a sampling of some of the specific industries in your district that benefit from our investments in water infrastructure?

I n my city, a major hospital system and its related facilities, vibrant pharmaceutical companies, a state university, great restaurants, and other dynamic businesses are made possible because of our investment in water infrastructure. However, the expansion of new multi-family housing, combined with new schools, businesses, and retail, will require steadfast investments in our water infrastructure.

Q:

Will you please share your thoughts on how the construction industry might be able to meet its growing workforce needs as older members of the industry retire?

A: A: Q: A:

Other than maybe clean air, there is nothing more essential to life than clean, accessible water. I have spent a lot of time in parts of the world that never had the ability to invest in dependable water infrastructure, including a summer where drought conditions meant I only had access to a cup of water each day for bathing purposes. I’ve also been in major US cities at times where the municipal water supply had been contaminated due to failures of proper infrastructure maintenance, and millions were quickly reminded of the harm of insufficient investments in water infrastructure.

We must continue our efforts to encourage and support students exploring careers in construction and other skill-based industries. Part of this is ensuring that technical high schools are better supported and that more students have access to their vital programs. We also have a responsibility to talk about career pathways in a more inclusive manner than the historic “college-prep” mindset. Many jobs have never required a college degree. While AI will change reality for many careers, there will continue to be a need for trained, hardworking contractors to build the homes, schools, businesses, and, of course, the underground infrastructure necessary for supporting our communities of tomorrow.

What are some of your legislative or regulatory priorities for the 2025-2026 legislative session?

In this new session, I will continue leading on legislation supporting youth health and wellness, accelerating our transition to renewable energy, and expanding economic justice. While I am not the lead sponsor on any legislation directly relating to affordability and job training, I will work with colleagues to co-sponsor numerous bills that strengthen our local and statewide infrastructure, encourage more young people to explore careers in working-class fields, and ensure that folks can afford to live, work, and play in the communities they love. n

Construction & Public Contracts Group, Hinckley Allen, LLP

Massachusetts Bid Protest Decision: Mandatory or Optional Pre-Bid Walk Through?

Imagine the following scenario:

• A public awarding authority in Massachusetts issues an Invitation for Bids (“IFB”) generally describing an upcoming project and alerting prospective bidders that the specifications will be made available through an online bidding portal seven days prior to the “Pre-Bid Walk Through.

• The IFB does not indicate whether the “PreBid Walk Through” is mandatory or optional, but states that by submitting a bid, the bidder warrants that it has examined the conditions and that information provided through site visits and the bid documents are adequate.

• The awarding authority’s COMMBUYS, Central Register, and website postings also do not indicate whether the “Pre-Bid Walk Through” is mandatory or optional.

• As promised, the awarding authority subsequently posts the project specifications to the portal. The specifications include Instructions stating, in bold, that “Attendance at site Pre-bid walkthrough is mandatory.”

• However, the online bidding portal includes a “dashboard” button (functioning as a “cover page” to the project specifications) stating: “Required pre-bid conference/site visit optional.”

In these circumstances, is the pre-bid walk through mandatory or optional? The Bid Unit of the Massachusetts Office of the Attorney General (“AGO”) addressed this question in a recent bid protest decision.

In that case, on the date bids were due, the awarding authority heard from an interested bidder that had not attended the pre-bid walk through. Apparently, the interested bidder had only viewed the dashboard button and did not review the Instructions prior to the walk-through or the deadline for submission of pre-bid questions. The awarding authority confirmed that the pre-bid walk through was mandatory and that it would reject the bid of any bidder that had not attended. The interested bidder submitted a bid anyway, which turned out to be the lowest bid submitted for the project. The awarding authority rejected the bid. A bid protest ensued.

The AGO denied the protest. Viewing the dashboard button as “in essence, the concurrently published cover page for the specifications and Instructions,” the AGO stated that “it is nonsensical that a cover page would operate to negate its underlying

continued on page 37

Christopher Morog Partner

Robert T. Ferguson Partner

content.” Therefore, the dashboard button that had mistakenly referenced an “optional” walk through did not constitute a waiver of the awarding authority’s Instructions that the walk through was, in fact, “mandatory.”

The AGO added that the dashboard mistake was “so obvious upon a ‘reasonably conscientious’ review that the burden rest[ed] with the [protestor] to ‘at least seek clarification’ about the discrepancy.” According to the AGO, “[h]ad the [protestor] simply read the two-page Instructions appearing in the specifications” it would have seen the mandatory language in bold print, together with additional language placing the onus on bidders to “visit the site and familiarize” themselves with the conditions. In this particular case, the protestor did not review the Instructions in the specifications until the date the bids were due. In these circumstances, the “obvious nature of the discrepancy, coupled with [the protestor’s]” own “failures to review the Instructions and ask for clarification in a timely manner, together defeat its protest.”

This protest instructs that there is no substitute “for a reasonably conscientious” review of the applicable provisions of the bid documents. Bidders should be cautious about relying solely on information posted to an online bidding portal as if it were a “CliffsNotes” version of the actual bid documents. What constitutes a “reasonably conscientious” review will depend on the facts of a given case, including the nature and discoverability of the discrepancy at issue. At least, where – as here – there is an “obvious” discrepancy between information posted to

an online bidding portal and information included in the specifications, bidders should be sure to seek clarification in a timely manner or risk rejection of their bids. While the AGO’s decision suggested that “simply” reading the two-page Instructions might have been a sufficient review in this particular case, contractors should not expect that their review of applicable bid documents should be so limited. n

Privately held and family owned businesses often face unique issues and challenges. Hinckley Allen attorneys have been advising such businesses for decades and have accumulated deep expertise.

We understand that the issues faced by a privately held or family owned business often reverberate through the broader family dynamic, and that a clearly defined strategy for running and transitioning the business is essential for both corporate and familial harmony.

Our attorneys can assist with a variety of legal issues: including succession and tax planning issues, employment-related issues, retaining quality outside directors and advisors, and managing exit transactions.

Learn more about our offering at www.hinckleyallen.com

Jennifer V. Doran Chair, Privately Held & Family Owned Businesses

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with UCANE’s Officers and Board Members

Will you please give us some information on your background and tell us how you started in the construction business?

I studied Civil and Environmental Engineering at Northeastern University. Attending Northeastern allowed me to take part in the co-op program, which cemented the fact that my career would be in the construction industry. I participated in co-ops with a J. F. White/Slattery/Perini JV and also with Barletta Engineering/Barletta Heavy Division. After graduation I joined Barletta full time and remained there until 2007 when I transitioned to Methuen Construction.

Methuen Construction Company has a long and commendable history with UCANE dating back to 1976. The company has experienced some expansions and ownership changes over the last 10 years.

Please tell us a little about the current hierarchy of the company and what your current role is at Methuen Construction?

Methuen Construction’s history dates back to 1960. Our founder, Leon Asadoorian, another Northeastern alum, was very active in UCANE and NUCA. In 2021, Methuen Construction was acquired by MWH Constructors. MWH Constructors is a water/ wastewater construction focused firm, with projects across the United States (and some international). In 2023, MWH Construction became part of the Obayashi Corporation family of companies. Becoming affiliated with both MWH and Obayashi

has allowed Methuen to continue its growth, while remaining a regional based contractor.

In December 2024, I was named President of Methuen Construction. In this role, I will continue to work with our team to build upon the more than 17-years of success that I have seen while part of Methuen. We will continue to be a wellknown entity in New England, while expanding our capabilities and reach with the support of our parent organizations.

What types of construction does Methuen Construction specialize in and in what areas of New England do you pursue this work?

Methuen Construction describes itself as a self-performing heavy industrial general contractor. We work in

the municipal, federal, and private sectors. Our municipal work is focused almost exclusively on water/wastewater treatment facilities and pump stations. Our federal work has encompassed complex modular steel structures, industrial shop facilities, waterfront berth and dry dock related construction, and heavy civil/utility construction.

In the private market, our work experience spans across metals recycling facilities, waste to energy facilities, hydropower, wind power, and central utility plant projects. Recently, Methuen has performed work throughout Connecticut, Massachusetts, New Hampshire, and Maine. Joining MWH and Obayashi will undoubtedly allow Methuen to expand its geographical reach.

Operating a successful Heavy Construction business in New England has always been subject to a variety of challenges.

UCANE’s role for 71 years has been to be a unified voice for our contractors to

promote increased project funding; to challenge, mitigate, or defeat bad laws and regulations; and to assist with other impediments to being a successful business that our members might face. What aspects of the business do you see today that are challenging your company’s growth or bottom line?

I see the biggest current challenges to our industry to be first, the workforce and second, the effects of inflation and supply chain availability on our projects.

The combination of low unemployment rates and the many years of young students being told that their career path had to be through college has left the construction industry with a significant worker shortage. While the industry has responded and is opening the eyes of parents and students, whose best path does not necessarily run through college, to the great career opportunities that our industry brings, it will take years to rebuild and sustain the workforce we all need to support the projects ahead of us.

continued on page 43

Under the Hard Hat continued from page 41

It is no secret that just about everything costs more and is in shorter supply, than it used to be. Pandemics and politics aside, this is the reality that we all are dealing with. We have seen the effects of engineer estimates and owner appropriations that have not kept pace with cost increases and project timelines based upon material lead times that are no longer realistic. As an industry, in order to keep the projects that we need to infill our backlog moving, it is incumbent upon us to educate our clients relative to current day market conditions. We need to encourage owners and engineers to consider contractual flexibility, contingencies, delivery methods, and realistic completion dates that will allow contractors to reduce risk and deliver their projects on time.

Will you please tell us why you offered to serve on the UCANE Board of Directors?

UCANE has a long history of uniting contractors with common goals to ensure that we succeed in serving our clients in their critical infrastructure needs. I am

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honored to have been asked to assist UCANE in continuing its work for the benefit of all members.

The last few years have seen a substantial increase in both Federal and State Funding towards Public Infrastructure, in particular Water and Sewer Projects and Horizontal Construction in general (Roads and Bridges). Looking ahead, how do you see the New England Heavy Construction Market shaping up for 20252026?

The future is bright for infrastructure construction in New England. There will undoubtedly be no shortage of work for UCANE member companies to restore and improve upon our aging infrastructure. Deferred maintenance must be addressed and evolving regulatory requirements will continue to drive water/wastewater treatment needs. With that it will be critical for UCANE members to collaborate and ensure that our customers, regulators, and legislators are prepared to work with us towards successful execution of these projects. n

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UCANE’s 14th Annual Trade Show

Will be held on Tuesday, March 25, 2025 prior to our Forecast Dinner Meeting at the Four Points by Sheraton Hotel, Norwood, MA

Trade Show booths offered at NO COST to Construction Outlook Magazine Advertisers.

If you are not currently advertising in Construction Outlook, we hope you will consider placing an ad. Our monthly magazine showcases your products and services to contractors and municipal officials who use them. Our Trade Show is a great opportunity to meet with UCANE members and guests face-to-face.

In addition to placing your ad in our magazine, it will also be on our website. Space is limited, so if you would like to place an ad in our magazine and reserve a booth at our Trade Show, please contact Suzanne Hatch as soon as possible at shatch@ucane.com.

Michelle L. Norton, AAI, CRIS HUB International New England, LLC

A 2025 Outlook for New England’s Water and Sewer Utility Industry – Navigating Challenges with Sustainability and Resilience

The water and sewer utility industry in New England is at a critical juncture as it prepares for the challenges and opportunities of the coming years. With infrastructure aging, regulatory pressures intensifying, and an increasing focus on sustainability, the industry’s outlook for 2025 is categorized as "stable,” albeit punctuated by significant transformations. This article explores anticipated trends regarding infrastructure upgrades, investment in clean energy, water conservation practices, and overarching cost pressures.

Infrastructure Investment

A primary focus for New England's water and sewer utilities is the significant capital expenditures required to replace and rehabilitate aging infrastructure. The region has seen many of its water pipes laid down over a century ago, and with time, these have become susceptible to failures, leaks, and contamination risks. Utilities are projected to invest heavily in advanced technologies and materials to address these concerns. According to the American Society of Civil Engineers (ASCE), the estimated investment needed to repair and replace aging water infrastructure in the U.S. is approximately $1 trillion over the next 25 years. New England utilities are expected to contribute significantly to this figure, with projections indicating state-level needs ranging from $3 billion to $20 billion, depending on the specifics of water systems and population served. Facilities will prioritize not only replacement but also rehabilitation techniques such as trenchless technology, which offers a less invasive and more efficient method of addressing leaks and breaks in existing pipelines.

Renewable Energy Integration

The push towards renewable energy, particularly

offshore wind generation, is poised to reshape the energy landscape for many utilities in New England. To meet ambitious clean energy targets, the water utility sector is likely to harness offshore wind energy, necessitating upgrades to existing grids and transmission systems. This shift will require substantial investment in infrastructure to handle new energy sources reliably while ensuring that utilities can meet the dual challenges of energy supply and water service sustainability. The New England Energy Flexibility Project estimated that the investment in offshore wind projects could reach around $23 billion by 2030.

continued on page 48

Insurance Perspective continued from page 47

This includes costs related to the modification of grid infrastructure, which is vital for integrating renewable sources into existing systems.

Water Conservation

Given the heightened concerns surrounding climate change and the risks of droughts, there is an urgent need for utilities to implement water conservation measures. These measures can save between $1.50 to $3.00 for every dollar invested in conservation programs. According to the Virginia Department of Environmental Quality, utilities that invest $1 million in water efficiency can save as much as $4 million in capital costs needed for future water supply projects. The promotion of water-saving practices among consumers is expected to increase, coupled with the adoption of smart water metering technologies that enable real-time data tracking of water usage. These advancements will not only foster greater awareness among consumers regarding their water consumption but also deliver efficiencies that are essential during periods of low water availability.

Regulatory Compliance

The regulatory landscape for water and wastewa -

ter management is becoming increasingly stringent as environmental agencies push for higher standards in water quality and wastewater treatment. A 2020 study by the Water Environment Federation found that compliance with Clean Water Act regulations in the U.S. can cost utilities between $287 to $1,300 per capita, depending on the size of the utility and the specific requirements. In New England, utilities could face substantial costs related to new treatment technologies and compliance monitoring and will face ongoing pressure to comply with these standards, which may drive further investments in treatment infrastructure and technology enhancements. Compliance with emerging regulations can be costly, but it is crucial for maintaining the public's trust and ensuring long-term sustainability.

Technology Adoption

As the utility industry moves forward, the integration of technology is paramount, with a projected investment in smart water technologies expected to reach $11.2 billion by 2025 globally. In the New England region, utilities are specifically investing in Advanced Metering Infrastructure (AMI), which can lead to a 15-25% reduction in non-revenue water losses. The increased utilization of data analytics, artificial continued on page 49

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intelligence (AI), and smart grid technologies can enhance operational efficiency and effectiveness. For example, predictive analytics can facilitate maintenance scheduling and reduce service disruptions by anticipating failures before they occur. Customer service enhancements through technology can also vastly improve customer experiences, making utilities more responsive to inquiries and concerns.

Cost Pressures

Rising construction costs and anticipated labor shortages pose significant challenges to project budgets within the utility sector. The past few years have seen a notable increase in material costs of approximately 20-30% across the U.S. from 2020 to 2022

due to global supply chain disruptions. This trend has led to increased project budgets and has caused many utility projects to be delayed or downsized due to budget constraints. Consequently, utilities will need to strategize effectively to manage these rising expenses, potentially by innovating financing alternatives to alleviate financial burdens.

Climate Change Mitigation

Addressing climate change is a priority for New England's utilities, particularly concerning the impacts of extreme weather events. Resilience projects will be essential to withstand both droughts and floods, ensuring that utilities are better equipped to manage the unpredictability of climate-related disturbances. The National Oceanic and Atmospheric Administration (NOAA) emphasizes that climate resilience efforts will require an infusion of funds ranging from $5 billion to $10 billion nationally by 2025. New England utilities may need to allocate significant portions of their budgets to enhance resilience against climate events, proportionally impacting their financial planning. Incorporating climate resilience into the planning and execution of infrastructure projects will be critical for long-term sustainability.

Customer Engagement

Utilities will also need to enhance customer engagement strategies to educate the public on conservation measures and energy efficiency practices. Providing resources and clear communication channels about the importance of sustainable use of water, particularly during drought periods, will foster a collaborative approach to resource management.

Collaboration

Finally, fostering partnerships between utilities, government entities, and local communities will be essential for developing comprehensive water management plans. Collaborative efforts can lead to the sharing of best practices, the pooling of resources, and unified initiatives aimed at protecting

COMPONENT

Insurance Perspective continued from page 49

water resources, enhancing service delivery, and achieving financial objectives.

Closing Comments

In closing, the water and sewer utility industry in New England is navigating a landscape characterized by significant change and challenges. A stable outlook for 2025 can be achieved through strategic investments in infrastructure, commitment to renewable energy, proactive water conservation efforts, and compliance with regulatory demands. Critical to this, insurance emerges as a pivotal component in the equation, providing essential financial protection against the many risks that utilities face, including those associated with aging infrastructure and environmental liabilities. By securing adequate insurance coverage, utilities can mitigate the financial impacts of infrastructure failures, regulatory penalties, and environmental incidents, ensuring that they are not financially crippled by unforeseen events.

Moreover, insurance serves as a confidencebuilding mechanism for stakeholders, allowing utilities to pursue ambitious sustainability initiatives without the paralyzing fear of potential losses. As

utilities invest in innovative technologies and pursue clean energy integrations, a robust insurance strategy will be critical in enhancing resilience against climate-related disruptions. By leveraging comprehensive insurance solutions tailored to their specific operational risks, New England’s water and sewer utilities cannot only protect their financial interests, but also position themselves as forward-thinking leaders in the industry. This alignment of insurance with the utilities' sustainability goals solidifies their capacity to deliver essential services reliably in an evolving and unpredictable environment. n

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Truck Sideguards are the Law in Massachusetts CONTRACTORS!

– ARE YOU

READY??

Any contractor who has been doing business with the City of Boston, Cambridge, Somerville, or Newton over the last several years is familiar with city ordinances that require heavy trucks over 10,000 lbs. to be outfitted with four safety features:

1. Sideguards (also called Lateral Protection Devices) - An apparatus installed on a motor vehicle, trailer, semi-trailer, or semi-trailer unit between the front and rear wheels to help prevent injuries to a vulnerable user particularly from falling underneath the vehicle.

2. Crossover Mirrors - A mirror mounted on a hood or fender that enables the operator to see objects in the area immediately in front of a conventional cab hood.

3. Convex Mirrors - A door-mounted, wide-angle mirror that enables an operator to see objects along the left and right sides of a motor vehicle, trailer, semi-trailer, or semi-trailer unit.

4. Rear Video Cameras - A device that provides a visual image of the area directly behind a vehicle to the vehicle operator when the vehicle is in reverse gear.

As of January 1, 2025, MassDOT implemented MGL Chapter 90, Section 7, which will more or less mirror the existing city ordinances but will extend to all projects awarded by all Commonwealth of Massachusetts agencies – including MassDOT – across the State. Any public contract awarded by state agencies after 1-1-2025 will require the four safety features to be on the prime contractor and subcontractor’s heavy trucks working on the project. Suppliers or deliverymen furnishing material to a construction site are exempt from compliance.

• The purpose of the Ordinance and the Chapter 90 law is to provide improved visibility to truck drivers regarding pedestrians and bicycles, and to physically block bicyclists from getting caught under the rear wheels of large trucks. Massachusetts Registry of Motor Vehicles to establish sideguard standards to be consistent with the United States Department of Transportation John A. Volpe National Transportation Systems Center's side guard standard DOT–VNTSC–OSTR–16–05.

* Massachuse*s RMV is in the process of developing a portal to accept applica8ons for heavy trucks to be in compliance with 540CMR 4.10. Waivers for some vehicles will be considered. Go to: https://www.mass.gov/info-details/truck-safety-devices

Cross-Over Mirrors

Convex Mirror Cross-Over Mirrors

Guidance for Contractors

• Review the 1-3-25 revisions to 540 CMR 4.10 and 4.11.

• Conduct an immediate review of your fleet to identify those vehicles that are subject to the Act.

• As soon as possible, commence the process of equipping such vehicles with required lateral protective devices, convex mirrors, cross over mirrors, and back up cameras.

• Early purchase and installation of the required safety equipment is highly recommended to avoid potential supply and fabrication issues that may arise later in 2025 given the broad scope and application of the Act.

• Prepare and submit all documentation necessary to meet the certification requirements.

• Prepare documentation in anticipation of the prequalification renewal process, if applicable.

• Prepare and submit all documentation necessary to meet the certification requirements.

• Prepare documentation in anticipation of the prequalification renewal process, if applicable.

• For contractors, applicable vehicles operating under an existing State Agency contract must be in compliance and certified by the RMV by 12/31/25.

• Consult with other Commonwealth agencies with whom you have contracts to determine whether there are any additional agency-specific compliance requirements.

• Enforcement for non-compliance starts on January 1, 2026. Penalties will include stiff fines and possible termination of contract.

• * Mass. RMV will be the clearing house for all applications, waivers, and records.

• Enforcement for non-compliance starts on January 1, 2026. Penalties will include stiff fines and possible termination of contract.

• * Mass. RMV will be the clearing house for all applications, waivers, and records.

• Don’t wait until the end of the year and get caught off guard!

• * Mass. RMV will be the clearing house for all applications, waivers, and records.

• Don’t wait until the end of the year and get caught off guard!

Convex Mirror

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United States Department of Labor

1-23-25 - Washington, D.C. - FOR IMMEDIATE

DISTRIBUTION

Ending Illegal Discrimination and Restoring Merit - Based Opportunity

On January 21, 2025, the White House and President Donald Trump issued an Executive Order: “ Ending Illegal Discrimination and Restoring Merit - Based Opportunity”, which revoked Executive Order 11246. For 90 days from the date of this order, Federal contractors may continue to comply with the regulatory scheme in effect on January 20, 2025.

The Office of Federal Contract Compliance Programs shall immediately cease:

• Promoting “diversity”.

• Holding Federal contractors and subcontractors responsible for taking “affirmative action”; and

• Allowing or encouraging Federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.

It is important to note that requirements under Section 503 of the Rehabilitation Act, 29 U.S.C. 793, and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), 38 U.S.C. 4212, both enforced by OFCCP, are statutory and remain in effect

Additional information regarding OFCCP’s current activities will be forthcoming in the upcoming weeks.

If you have any questions, please contact the OFCCP Customer Service Helpdesk at 1- 800 - 397 - 6251 or 711 for TTY- Based Telecommunications Relay Service.

The Danger in your Back Seat: The Common Hazardous Materials

Carried by Construction

Workers

Construction workers often transport various tools and materials essential for their trade, but many of these items come with inherent risks. From flammable substances to corrosive chemicals, these materials require proper handling and storage to ensure safety. The tragic explosion of a plumber’s truck in Queens, New York, on November 8, 2024, serves as a stark reminder of the dangers associated with improper management of hazardous materials. Understanding the risks and adopting appropriate precautions can prevent such incidents.

Common Hazardous Materials in Construction Trucks

1. C ompressed Gas Cylinders: Used for welding and cutting, compressed gases like acetylene, oxygen, and propane are commonly transported in construction vehicles. These cylinders can fall and/or roll causing a leak or damage to the valve. They are highly flammable and can explode if damaged or exposed to heat. According to the U.S. Occupational Safety and Health Administration (OSHA), incidents involving compressed gas cylinders account for approximately 7% of workplace explosions annually.

2. Flammable Liquids: Gasoline, diesel, and solvents are often stored in trucks for fueling equipment or cleaning tools. These liquids produce fumes and vapors that can ignite from sparks, open flames, or even high temperatures. Data from the National Fire Protection Association (NFPA) indicates that flammable liquids are involved in nearly 15% of vehicle fires annually.

3. Adhesives and Sealants: Many adhesives, sealants, and epoxy resins contain volatile organic compounds (VOCs) that are flammable and can emit harmful fumes if not stored properly. The Environ-

mental Protection Agency (EPA) reports that VOC-related incidents, including fires and health issues, occur in about 10% of industrial settings each year.

4. Chemicals and Cleaning Agents: Acidic or alkaline substances used for cleaning or etching surfaces can be corrosive and pose health risks if inhaled, ingested, or in the event of skin exposure. The Centers for Disease Control and Prevention (CDC) highlights that chemical burns and inhalation injuries from such agents lead to over 3,000 emergency room visits annually.

continued on page 59

Patrick W. Saltmarsh Corporate Safety Director J. Derenzo Companies Blake Underhill President Industrial Safety & Rescue

5. Power Tool Batteries: Lithium-ion batteries are widely used in cordless power tools. While convenient, they can overheat, catch fire, or explode if damaged or improperly stored. The Consumer Product Safety Commission (CPSC) has documented over 25,000 incidents involving lithium-ion batteries, with 6% resulting in fires or explosions

6. Dry Ice: Dry ice, or solid carbon dioxide, is sometimes used on construction sites for various tasks. While not flammable, dry ice can pose serious hazards if not transported properly. As it sublimates (turns from solid to gas), it releases carbon dioxide gas, which can displace oxygen in an enclosed space like a vehicle and create a risk of asphyxiation.

Case Studies:

June 1, 2024, Hudson, MA. A 55-year-old man sustained serious injuries when an acetylene tank stored in his car's trunk exploded. Neighbors, alerted by the blast, pulled him from beneath the wreckage before first responders arrived. The vehicle suffered catastrophic damage, though no significant fire ensued. Investigators believe the acetylene tank leaked overnight, leading to the accidental explosion when he started his car.

November 8, 2024, Queens, NY. A plumber’s vehicle exploded turning the SUV into a mangled piece of molten metal. The explosion damaged two cars it was parked next to, blew out windows and damaged the exteriors of six nearby homes, according to the FDNY. Amazingly no one was hurt. Preliminary investigations revealed that the vehicle was carrying at least one acetylene gas cylinder. It is presumed there was a leak and when a passing car set off the car alarm the resulting spark served as an ignition source. Six lithium-ion batteries for power tools in the SUV also caught fire, but that was secondary to the gas canister explosion. According to the NY Post, the owner said that when he reached out to his insurance, he was told they would not be covering any of the damage.

continued on page 60

July 20, 2022, Brimingham, AL. A 41-yearold delivery driver was found unresponsive in her delivery truck and later pronounced dead from asphyxiation, which contained 71 bags of dry ice loaded into coolers that could not be fully closed.

Precautions for Safely Transporting Hazardous Materials

1. Proper Storage: Use designated storage containers and racks for hazardous materials. For example, secure gas cylinders in an upright position with protective caps.

Store flammable liquids in approved safety cans to minimize the risk of leaks and spills.

2. Ventilation: Ensure proper ventilation in the vehicle to prevent the buildup of fumes from flammable or volatile substances. A sealed truck bed can trap gases, creating a hazardous environment.

3. Labeling and Identification: Clearly label all hazardous materials with appropriate warning signs. This not only helps the worker but also assists first responders in case of an emergency.

4. Regular Maintenance and Inspections: Routinely inspect storage containers, cylinders, and equipment for signs of wear or damage. Replace compromised items immediately. Check for fuel or chemical leaks in the truck’s cargo area.

5. Fire Extinguishers: Carry a fire extinguisher rated for chemical and electrical fires. Ensure it is easily accessible and in working condition.

6. Avoid Overloading: Do not exceed the vehicle’s load capacity. Overloading can lead to instability and increase the risk of accidents.

7. Training and Awareness: Train workers on the proper handling and storage of hazardous materials.

The dangers posed by hazardous materials in construction trucks are significant but manageable with the right precautions. The Queens explosion serves as a sober reminder of what can go wrong when safety measures are neglected. By implementing proper storage, regular maintenance, and employee training, construction workers can protect themselves, their colleagues, and the public from unnecessary risks. Safety should never be an afterthought in an industry that deals with such volatile materials daily. n

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2025 Scholarship Applications Available Now

UCANE to Award Twelve $3000 Scholarships

WHO IS ELIGIBLE TO APPLY?

• Any child or grandchild of a UCANE member OR an employee of a member in good standing.

• The applicant should be a high school senior who will be enrolling full time in an accredited two- or four-year academic institution for the year beginning in September 2025 OR a current full-time college student who has not previously received a UCANE scholarship.

HOW WILL THE APPLICATION BE JUDGED?

Twelve scholarships will be awarded. Two of the 12 scholarships will be awarded to applicants pursuing a construction related degree. There will be a question on the application to indicate if you believe you are eligible for these scholarships. The other 10 scholarships are open to all other courses of study.

Applications are judged and winners are selected by independent outside educators. Selection will be based on the overall worthiness of the applicant by considering:

1. Scholastic achievement;

2. Interest and effort in preparing for your vocation;

3. Extra-curricular activities at and away from school, including community and religious service;

4. Difficulty of course curriculum and career objectives;

5. Personal recommendations;

6. Thoroughness of the completed application, particularly the essay

HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED?

Each application is assigned a number. When completed, page 1 of the application, with the name of the applicant, must be detached and sealed in the accompanying envelope. Please be certain to indicate the UCANE firm where you, your parent, or grandparent is employed when applying. The applicant’s name must not appear on any part of the application or attached transcripts and recommendations. After the winning applications have been selected, the envelopes with those corresponding numbers will be opened to identify the award recipients.

WHAT MUST ACCOMPANY THE APPLICATION?

1. A transcript of high school or college grades through the latest period prior to April 30, 2025.

2. A letter of recommendation from the principal or faculty advisor/academic advisor.

3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community (optional but recommended).

IMPORTANT - PLEASE NOTE:

In the event the applicant receives a full scholarship from the college of his/her choice, or from any organization, civic group, etc., the UCANE Scholarship will be awarded to another applicant. Applicant’s parent/grandparent must work for a company in the New England Region.

To request an application, please email Paula Galvin at pgalvin@ucane.com. Applications must be received in the UCANE office no later than April 30, 2025. If you have any questions concerning the completion of this applicat ion please contact:

Utility Contractors’ Association of New England, Inc.

300 Congress Street • Suite 101 • Quincy, MA 02169 Tel: 617.471.9955 • Email: pgalvin@ucane.com

Amid Transition, US Court Overrules Biden Labor Agreement Rule on Federal Projects

Action by federal claims court judge based on bid protests is applauded by AGC, ABC

January 22, 2025

The U.S. Court of Federal Claims has ruled in favor of contractors that challenged former President Joe Biden’s policy requiring project labor agreements on all federal construction projects of $35 million or more, with few exceptions.

Judge Ryan T. Holte’s January 19 ruling responds to 12 bid protests filed by contractors against three federal agencies, the U.S. General Services Administration. U.S. Army Corps of Engineers and U.S. Naval Facilities Engineering Systems Command, which mandated the agreements in solicitations for construction services based on a Federal Acquisition Regulatory Council rule that implemented Biden’s Executive Order 14063 in 2022.

The plaintiff contractors included MVL USA, JCCBG2, Harper Construction Co., Environmental Chemical Corp. and Hensel Phelps Construction Co. Inc.

The jobsite-specific collective bargaining agreements used in construction typically require companies to agree to recognize unions as the representatives of their employees, use the union hiring hall to obtain most or all construction labor, hire apprentices from union-affiliated apprenticeship programs, follow union work rules and pay into union benefit and multiemployer pension plans that non-union employees cannot access.

Jacob Scott, a partner at construction-andfederal-law-focused law firm Smith Currie Oles that represented Hensel Phelps in the case said after the ruling, in a statement, that "the PLA mandate has not been rescinded and remains in effect for any other large-scale, construction procurement that was not part of this consolidated protest.

He added: "If a contractor wishes to object to the PLA requirement in an ongoing solicitation, it generally must do so before the deadline for proposal submission. If and when the new administration rescinds the requirement, the need to protest will be eliminated, but for the time being, this remains a live issue for many contractors."

The contractors argued that the executive order,

What is the final rule of EO 14063?

The final rule implements President Joe Biden's Executive Order 14063, which requires federal construction contracts of $35 million or more to be subjected to controversial project labor agreements. ~January, 30, 2024

as the sole backing of the rule, was arbitrary and capricious and when applied to individual federal contracts, stifles competition and violates the Competition in Contracting Act that mandates agencies to promote "full and open competition” in federal procurements unless some other statutory justification is invoked.

When filing their members' bid protests in July, the Associated General Contractors of America said the agreement mandate in the federal solicitations "unlawfully amounts to a socio-economic set aside that Congress never authorized. In other words, the president does not have the authority to create a setaside program that disqualifies contractors that have not negotiated or have been unable to negotiate a project labor agreement."

AGC said, at the time, that it supports a contractor’s right to voluntarily negotiate such an agreement but adamantly opposes government mandates that require one, such as under the executive order and subsequent rule. AGC and its attorneys from Fox Rothschild LLP, created the legal theory that challenged the validity of the agreement mandate through their filing of bid protests that eventually allowed the rule to be adjudicated in the Federal Claims Court. continued on page 64

Members of the Associated Builders and Contractors, which has a majority of non-union member companies, also filed bid protests and both groups of bid protests were consolidated into one case and heard by the Court of Federal Claims. ABC separately led a coalition of construction groups that includes the Construction Industry Round Table, National Ready-Mix Contractors Association, U.S. Chamber of Commerce and other groups under the name the Build American Local Coalition that wrote a letter to President Donald Trump in early January urging an end to any federal project labor agreement requirement.

"Damning evidence procured through market research conducted by several federal agencies was raised in the case’s January 16 oral argument and corroborated plaintiffs’ complaints and ABC’s longstanding concerns,” said ABC Vice President of Regulatory, Labor and State Affairs Ben Brubeck. "ABC members were harmed by former President Biden’s costly executive overreach, which violates federal laws and rewards special interests at the expense of fair and open competition."

In his ruling, Judge Holte cited a clause in a Corps of Engineers contract for a consolidated communications center at Patrick Space Force Base in Cocoa

Beach, Florida. The agency concluded in the contract addendum that such an agreement would not contribute to either project economy or efficiency, but it amended the project plan to include one because of the government mandate.

The requirement "precludes full and open competition by effectively excluding [a non-agreement] offeror from winning an award'—both in the function of the mandatory rule itself and in the apparent policy to deny exceptions even when the agency itself commissions data indicating an exception should be made," Holte wrote.

The decision required the parties to file briefs by February 3 to decide injunctive relief, but the decision could potentially bar any future administration of either party from doing so via executive order.

The U.S. Justice Department, which represented the agencies, could not be reached for comment during the transition. The Trump administration has not yet said if it will require any version of PLAs on federal contracts or a new rule governing them.

North America's Building Trades Unions declined comment on the ruling, but President Sean McGarvey also released a statement, separately, after Trump's inauguration, signaling that its members and leaders are ready to work with the new administration.

By Jeff Yoders. From Engineering News Record. n

Doug Seyler, Trimble

Trends, Tech, and Strategies Driving the 2025 Construction Industry

Contractors are turning to new technology, now more than ever, as they plan to scale their business amid an ever-evolving landscape that includes economic opportunities and a tight labor market.

In a recent survey of Trimble customers, construction company leaders shared insights into what challenges and trends they anticipate for 2025, as well as where they’re likely to invest to make their businesses more efficient, productive, and profitable. Below are six key trends that are expected to shape the construction industry during 2025.

Technology Integration and Interoperability

As contractors increasingly adopt new technologies, they often face challenges with integrating these solutions with each other and into their existing tech stacks. In fact, 59% of Trimble survey respondents said that technology integration will be one of the biggest themes in 2025, while 25% said it was one of the biggest challenges they are currently facing today.

Fortunately, technology integration and data interoperability are primary focuses for today’s construction technology providers. These companies are focusing on providing multiple systems that work together and on making those systems – and their data – connectable with systems from their suppliers, often through open API standards. These advancements enable seamless data exchange and centralized access to information from various software systems. Trimble and other construction technology companies have made significant progress in this area, recognizing the value it brings to modern contractors.

Data and Mixed Equipment Fleets

The construction industry can also expect to see changes as the result of how software technology and equipment suppliers are working together. Expanded partnerships can accelerate innovation and expand distribution networks that will make it easier for users of all equipment brands to purchase and maximize their use of technology. By making it easier for all machine types and brands to be part of one data ecosystem, this also opens the door to better and more efficient use of data for improved overall decision-making across mixed-fleet jobsites. Continued adoption of the ISO mixed-technology fleet standards is further easing data sharing across machines, and will continue to do so into the future.

continued on page 66

Technology in Const. continued from page 65

AI and Machine Learning

In the same survey, 59% of respondents believe artificial intelligence (AI) and machine learning (ML) will be among the most significant trends this year, and for good reason. These technologies are already transforming the industry by driving efficiencies and allowing contractors to meet the demands of modern construction.

From automating tasks to enhancing decisionmaking and boosting team productivity, AI/ML is set to further streamline the industry. This will lead to construction projects that are safer, more cost-effective and highly efficient.

Labor Shortage

The labor shortage and its associated challenges will continue to impact the construction industry in 2025. Nearly 55% of survey respondents identified the labor shortage as the biggest challenge they’ll face throughout 2025.

Economic factors and demands pointing to a growing volume of construction projects in many sectors are likely to exacerbate the challenges of finding and retaining qualified employees.

Technology providers are expected to continue innovating, with the goal of helping to offset these challenges – for example, by making it easier for contractors to utilize their technology solutions to their fullest potential to do more with fewer workers. Technology company investments in learning labs, task automation, and easier data analysis and decision-making will also help attract younger workers and alleviate some of the labor challenges contractors are facing.

Robotics, Automation, and Autonomous Machines

Robotics, automation, and autonomous machines will remain critical to the future of construction, with efficiency, location data, safety and security driving their adoption. These technologies provide field benefits, collect valuable data for predictive insights and enhance productivity. As autonomous machines advance into field trials in 2025, they will improve operational visibility and support better-informed decisionmaking over time. Additionally, task automation will continue to provide significant benefits, offering solutions to mitigate the ongoing labor shortage. Interestingly, while the path to fully autonomous equipment is likely to be incremental, the lessons being learned and technologies being adopted along the way are proving continued on page 67

DigSafe.com or Call 811 Before You Dig

• Pre-mark the location of intended excavation using white stakes, paint or flags.

• In MA, ME, NH, RI and VT, notify Dig Safe® at least 72 hours in advance, not including weekends and holidays.

• Notify non-member facility owners.

• Maintain the marks placed by underground facility owners.

• Use caution and dig by hand when working within 18” of a marked facility.

• If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged.

• Call 911 in the event of a gas leak, or if a damaged facility poses a risk to public safety.

• Know your state’s excavation requirements.

• Go to digsafe.com for educational material and current laws.

to be extremely helpful in making manually operated machines more efficient, automated, and easy to use.

Worksite Safety

The benefits of cutting-edge technology for jobsite safety will become more evident this year. Fieldfocused solutions – layout tools, laser scanners, mobile mapping systems and drones – are becoming more affordable and versatile, with greatly simplified data management capabilities.

From the sensors’ reality capture data, advancing software capabilities will extract actionable information to reduce the time site crews spend physically capturing data, reducing the need for employees on active roadways and jobsites. Infrastructure owners and state departments of transportation will increasingly combine reality capture sensors, AI analysis and smart predictive data management systems for proactive asset management. This powerful combination will make asset management cheaper and safer for users because issues can be fixed before they become too costly or dangerous.

Drone use will grow because it is an ideal tool to survey jobsites for physical and environmental hazards before a project starts and to inspect structures

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in a safe and efficient way. Knowing the exact location of heavy equipment, material movement, or structural instability reduces the chance of an accident. In addition, getting safety information and incident reporting off of paper and into a digital format increases dissemination and allows reporting that can minimize incidents.

A Resilient Construction Industry Ahead

The future is bright. The construction industry has demonstrated incredible resilience in the years following the pandemic. By embracing innovation and remaining adaptable, the U.S. construction industry will continue to strengthen, laying the foundation for a more sustainable, technology-driven future.

Doug Seyler is vice president of customer success at Trimble. In his role, he leads implementation services to assist contractors in planning and optimizing software applications for construction estimating and operations. n

South Plainfield, NJ: 908-753-8080

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Lumberton, NJ: 609-534-7477 Beacon, NY: 845-831-1800 Deer Park, NY: 631-392-2605 Middletown, DE: 302-376-0784 Baltimore, MD 410-687-1700

GET TO KNOW YOUR UCANE ASSOCIATE MEMBERS

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SHREWSBURY, MA 01545

508-842-3790

NATHAN MULCAHY BRANCH MANAGER

NEW ENGLAND

508-612-9538

KEVIN O’BRIEN KEY ACCOUNT MANAGER

82 PRISCILLA LN AUBURN, NH 03032

603-626-1152

ANTHONY GIOSEFFI BRANCH MANAGER

Safety powered by productivity

Sheeting

Hydraulic Shoring

High Capacity Struts

Guide Frames

Lifting Beams

Trench Boxes/Shields

Manhole Boxes

Bedding/Stone Boxes

Arch Spreaders

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Shoring and Bracing Solutions & Design

With over 92 Trench Safety locations and the largest fleet of shoring and underground excavation rental equipment in North America, we make sure you get what you need, when you need it, on time and on budget United Rentals will help you find a customized, cost-effective rental solution for your specific excavation needs. Experienced in-house Registered Professional Engineers (RPEs) will help design your trenching and shoring systems that will keep your jobsite in compliance, your employees safe, and your operations running smoothly.

Equipment Rentals

Get access to the largest fleet of shoring and underground excavation rental equipment in North America –delivered quickly, when you need it.

We offer the most advanced, cost-effective, and comprehensive suite of trench protective systems and related products, including shoring, shielding, engineered systems, steel plates, confined space safety equipment, and more.

Engineered Solutions Safety Training

Our dedicated engineering department creates custom underground solutions that fit your project and budget. Our innovative, efficient solutions will help save you time and money over traditional shoring techniques.

We offer industry-leading safety training to help drive compliance across the worksite. Our professional training team consists of experts in compliance at local, state, provincial, and federal levels. To fit any schedule, we offer both online, in-branch, and worksite training.

United Rentals Safety Training

As North America’s largest provider of commercial and industrial rental equipment, United Rentals is also an industry leader in jobsite safety and compliance. We train thousands of workers each year in jobsite and operator safety, OSHA certifications and more, with a robust list of courses delivered by a team of professional trainers or online. Our United Academy classroom and blended learning training can be completed onsite at your location, or at one of our hundreds of participating locations throughout the U.S. and Canada. Courses are also available online, providing convenient 24/7 access to training when and where you need it, without conflicting with the work day.

North America’s largest provider of commercial and industrial rental equipment, United industry leader in jobsite safety and compliance. We train thousands of workers each and operator safety, OSHA certifications and more, with a robust list of courses delivered professional trainers or online. Our United Academy classroom and blended learning completed onsite at your location, or at one of our hundreds of participating locations and Canada. Courses are also available online, providing convenient 24/7 access and where you need it, without conflicting with the work day.

United Rentals Launches New and Improved Trench Safety Training Course

Working underground is extremely dangerous. Trench collapses occur with alarming frequency and are often fatal. It is essential that people who supervise such work, as well as the employees that perform it, are trained in and knowledgeable of how the work can be carried out safely. The correct use of protective systems will not only keep employees safe but can also increase productivity.

Some trench safety training courses cover specifically what is written in the OSHA standard. That is important. But it is not all that needs to be learned. A well-rounded course will cover the standard, discuss the importance of soil evaluation, and preemptively address areas where interpretations are needed. United Rentals' Trench Safety Division,has made a huge investment to enhance a worker safety training program that has been industry leading for quite some time. These upgrades will help meet the needs of the industry's future and existing workforce.

United Rentals Launches New and Improved Trench Safety Training Course

underground is extremely dangerous. Trench collapses occur with alarming frequency often fatal. It is essential that people who supervise such work, as well as the employees it, are trained in and knowledgeable of how the work can be carried out safely. The protective systems will not only keep employees safe but can also increase productivity.

Their newly revised course, Excavation Safety Training for Competent Persons, covers the information that employers, competent persons, and affected employees need to know about complying with OSHA standard 29 CFR Part 1926 Subpart P. It also teaches topics that aren’t addressed in the standard’s tables and charts such as, but not limited to, how to use manufactured systems and how to develop site-specific trench protection plans.

Contact your local United Rental location for more information

UCANE is strengthened when members give other members an opportunity to bid! www.unitedrentals.com/trenchsafety

trench safety training courses cover specifically what is written in the OSHA standard. important. But it is not all that needs to be learned. A well-rounded course will cover the standard, the importance of soil evaluation, and preemptively address areas where interpretations United Rentals' Trench Safety Division,has made a huge investment to enhance a training program that has been industry leading for quite some time. These upgrades the needs of the industry's future and existing workforce.

newly revised course, Excavation Safety Training for Competent Persons, covers the information that employers, competent persons, and affected employees need to know about

How to Comply with OSHA’s New PPE Standard

Starting this month, the agency will require construction employers to provide workers with properly fitting safety gear.

Personal protective equipment has to fit for two primary reasons, according to Jessica Bunting, director of research to practice for Silver Spring, Maryland-based CPWR — the Center for Construction Research and Training.

First, to work properly, gear needs to fit properly. A poorly fitted fall harness will not protect a worker nearly as well as a well-fitted harness, Bunting said. Second, gear that is too big or too small can end up creating secondary hazards, such as a baggy vest getting caught in machinery, she said.

Perhaps worse, if gear is too uncomfortable, workers may forgo wearing it at all, such as doffing loose gloves that impede work.

Starting January 13, 2025, OSHA is requiring construction employers to provide properly fitting PPE to their workers. The new standard aligns construction with a rule already in place for general industry.

“I’m glad that OSHA is acknowledging that in order for PPE to work, it has to fit,” Bunting said.

The rule, first announced in July 2023, applies to all kinds of PPE, such as hard hats, gloves, goggles, safety vests and harnesses. To comply with the rule, experts say contractors should read up on the stan -

dard, consult their lawyers and safety teams and ensure they have a wide variety of safety gear options.

A Proper Fit

At first glance, the rule seems pretty straightforward. Experts say it is, with a few caveats. During the open comment period, legal experts and construction employers took issue with the standard requiring gear to “properly fit,” as they found that term tough to define.

“ Unfortunately, the new rule lacks specific guidance on what it means to fit properly or a definition of that term so that employers can be assured that they are in compliance,” said attorney Ashley Brightwell, partner in Atlanta-based Alston & Bird’s labor and employment group.

Phil Russell, OSHA and employment lawyer, litigator and advisor for Washington, D.C.-based firm Ogletree Deakins, said that the agency noted that the “properly fit” guidance was provided for the general industry standard, which didn’t result in problems.

So, does “proper fit” mean comfort? Most effectively safe fit? And what about universal fit items? They can carry a one-size-fits-all label, but still could continued on page 71

PPE continued from page 70

be too baggy for smaller workers, such as women, who the standard seeks to protect.

“Many employers in other industries comply with the obligation to provide properly fitting PPE by providing adjustable fit PPE,” Brightwell said. “Employers should keep in mind, however, that even PPE sold as ‘universal fit’ may still not fit the entirety of the employee population.”

Experts say it’s best to focus on what the gear itself is intended for and to keep in mind those two primary reasons PPE needs to fit.

“Because OSHA is a safety agency, I think you’ve got to connect it to safety, not necessarily comfort,” Russell said.

But even with the lack of clarity, Matthew Cox, North Carolina-based partner at law firm Smith Currie Oles, says it should be obvious to any safety expert when someone’s gear fits.

“I think it’s just attention to detail, like anything else,” Cox said. “When you have those toolbox meetings on site and you look around, it’s easy to see if someone’s gear is not fitting.”

Gearing Up

In Russell’s experience, most of his clients already

provided the right-fitting PPE for workers. He pointed to trade shows and conferences, such as the American Society of Safety Professionals conference, where retailers offering a variety of PPE fill the expo floor.

“I don’t know if [the new standard] was necessary, but now that it’s passed I don’t think it’ll be harmful,” Russell said.

Nonetheless, experts said the addition of the rule may bring some added scrutiny to OSHA inspections or citations.

“It will be important for employers in the construction industry to ensure that a sufficient variety of sizes of PPE is provided,” Brightwell said. “By providing only larger sizes of PPE, employers could open themselves up to gender discrimination claims, particularly because the new rule is geared primarily toward women.”

Thankfully, resources abound for finding a variety of PPE options. For example, CPWR has a page listing options for various types of gear for various body types.

And when it comes to complying, Cox advised not waiting for OSHA to come to you.

“I think being proactive is the biggest key to success,” he said.

Written by Zachary Phillips. Reprinted from Construction Dive. n

Construction Industry Must Attract 439,000 Workers in 2025

WASHINGTON, January 24, 2025 (GLOBE NEWSWIRE) -- The construction industry will need to attract an estimated 439,000 net new workers in 2025 to meet anticipated demand for construction services, according to a proprietary model developed and released today by Associated Builders and Contractors. In 2026, the industry will need to bring in 499,000 new workers as spending picks up in response to presumed lower interest rates.

“While the construction workforce has become younger and more plentiful in recent years, the industry still must attract 439,000 new workers in 2025 to balance supply and demand,” said ABC Chief Economist Anirban Basu. “If it fails to do so, industrywide labor cost escalation will accelerate, exacerbating already high construction costs and reducing the volume of work that is financially feasible. Average hourly earnings throughout the industry are up 4.4% over the past 12 months, significantly outpacing earnings growth across all industries.”

ABC’s proprietary model uses the historical relationship between inflation-adjusted construction spending growth, sourced from the U.S. Census Bureau’s Construction Put in Place Survey, and payroll construction employment, sourced from the U.S. Bureau of Labor Statistics, to convert anticipated increases in construction outlays into demand for construction workers at a rate of approximately 3,550 jobs per billion dollars of additional spending. This model also incorporates the current level of job openings, unemployment and projected industry retirements and exits into its computations.

“This represents improved labor availability relative to recent years,” said Basu. “The improvement can be traced to two primary factors. First, construction spending is expected to grow at its slowest pace in years throughout 2025, especially in interest rate-sensitive segments like homebuilding. Interest rates will remain elevated in 2025 before likely beginning to dip next year. Second, the industrywide workforce has become significantly younger over the past several quarters, with the median construction worker now younger than 42 for the first time since 2011. As a result, the pace of retirements is expected to slow this year.

“Despite that improvement, contractors will struggle to fill open positions,” said Basu. “This will be especially true in areas where manufacturing and data center megaprojects are underway. More than $1 in every $5 spent on nonresidential construction cur-

rently goes toward manufacturing projects, and those projects are absorbing a significant share of the labor force in their respective regions.”

“The U.S. construction industry’s efforts to hire more workers to replace retirees and meet the demand for new construction projects gained momentum in 2024,” said Michael Bellaman, ABC president and CEO. “That is fantastic news, but we still have a long way to go to shore up the talent pipeline. The data on the number of young people choosing a career in construction suggests that employing practical technology and innovation in educational programs and on jobsites helps maximize the productivity and efficiency of the construction workforce. ABC’s all-of-the-above workforce development strategy is working to draw new entrants into the industry through hundreds of entry points and upskill them through both industry-driven and government-registered apprenticeship programs.”

“There are also factors that could render this model overly conservative, meaning worker shortages could be more severe than predicted in 2025,” said Basu. “While the consensus forecast has construction spending increasing by less than 3% in 2025, that same forecast has underestimated growth by a significant margin during each of the past three years. If inflation dissipates in coming months, bor-

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New Workers continued from page 72

rowing costs will subside and construction volumes will increase. Faster-than-expected immigration over the past few years has also bolstered labor supply, and potential changes to immigration policy will likely constrain worker availability.”

“Another solution to addressing the shortage is a merit-based, market-based visa system,” said Bellaman. “ABC’s goal is to work with the Trump administration and Congress to create a visa system that allows people who want to contribute to society and work legally in the construction industry to do so.

“President Trump and the 119th Congress have a significant opportunity to advance policies and regulations that protect free enterprise, reduce regulatory burdens, expand workforce development and create a fair and level playing field for all construction workers, regardless of their labor affiliation,” said Bellaman. “Legislation like the Tax Cuts and Jobs Act, the Employee Rights Act, the Fair and Open Competition Act and permitting reform can create the conditions for the construction workforce to rebuild America’s infrastructure. The construction industry thrives when all 8.3 million workers are given the opportunity to build America with fewer obstacles.”

Written by Erika Walter, Associated Builders and Contractors, ewalter@abc.org n

O rleans annOunces sewer G rant PrOGram

ORLEANS – As sewer construction progresses, town officials are working to help people cover the cost of planning and making their connections.

The town’s new sewer grant construction program offers qualifying residents financial assistance in preparing their hook up to town sewer. The grants offer property owners as much as $7,500 that can be used toward the cost of hiring an engineer to design the connection, construction costs or the cost of abandoning their existing Title 5 septic systems.

Grant applications were available through the health and human services department beginning Monday, January 13, 2025.

“This program represents an important step in supporting Orleans residents as we continue the roll out of our critical sewer project,” Alexandra Fitch, Orleans’ director of health and human services, said in a statement. “We are committed to easing the financial burden on property owners and ensuring a successful transition to the town sewer system.”

To qualify, property owners must be under order to connect to town sewer, own and occupy their property as their year-round primary residence and be pre-approved for a zero percent interest loan through the Cape Cod AquiFund program.

Approximately 60 percent of Orleans will be connected to town sewer across 16 phases of work that will be ongoing through 2067. About 1,100 property owners downtown first received notices in March 2023 about their need to connect to sewer, with effluent being treated at the

Property owners in Orleans can apply for grant funding through the town to help offset the cost of connecting to town sewer. Photo courtesy Town of Orleans.

town’s new wastewater treatment facility on Overland Way. Construction is well underway on the second phase of sewering in the area of Meetinghouse Pond, which will be followed by the third phase of sewer construction in the areas of Pilgrim Lake, Crystal Lake, Arey’s Pond, and Lonnie’s Pond.

Applications are available online on the health department landing page on the town website. For questions about the grant program and other funding resources, contact John Nelson at the Orleans health department at 508240-3700 ext. 2319.

Reprinted from the Cape Cod Chronical. Written by Ryan Bray. n

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