MARCH | 2026
MassDEP Releases DRAFT CY2026 Clean Water & Drinking Water SRF Lists Totaling Over $1.162 Billion
• • •
MassDEP Delays Heavy-Duty Omnibus Rule Again; Question Remains Over Legality of CARB Rules A Slowly Stabilizing Insurance Market for the Water and Sewer Industry March is National Ladder Safety Month
Photo courtesy of C. C. Construction, Inc.
JOIN THE MOVEMENT www.letsmovewater.com
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President CHRIS VALENTI
GVC Construction, Inc.
President Elect QUERINO PACELLA
UTILITY CO
ATION CI O
OFFICERS
EW
IN
N
C.
UCANE
OF
MARCH, 2026
TO RAC RS’ A SS NT
, ENGLAND
IN THIS ISSUE 3 President’s Message: Across the Commonwealth and Beyond, Water Infrastructure is Often Out of Sight and Out of Mind, Until it Isn’t
Secretary JUSTIN GOODHEART
5 Legislative Update: • MassDEP Delays Heavy-Duty Omnibus Rule Again; Question Remains Over Legality of CARB Rules • Healey-Driscoll Administration Provides Grants for River and Wetland Restoration • Massachusetts First State to Deploy ChatGPT Across Executive Branch • News in Brief
BOARD OF DIRECTORS
21 In Memoriam: Robert “Bob” Benard, C. N. Wood Co., Inc.
RJV Construction Corp.
Treasurer LISA FRENCH KELLEY
W. L. French Excavating Corp.
J. F. White Contracting Co.
MARCELLA ALBANESE
23 Legal Corner: Pre-Bid Questions in Bidder Responsibility Cases
GERRY CARNEY, JR.
27 MassDEP Releases Draft CY2026 Clean Water & Drinking Water SRF Lists Totaling Over $1.162 Billion
BRIAN COONEY
39 Under the Hard Hat: An Interview with Board Member Chris Walsh, W. Walsh Company, Inc.
JULIA D’ALLESSANDRO
41 UCANE’s 2026 Calendar of Events
Albanese Brothers, Inc. C. N. Wood Company, Inc. C. C. Construction, Inc.
D’Allessandro Corp.
JERRY GAGLIARDUCCI
43 New Salem and the Urgent Case for a Statewide Water Strategy
Gagliarducci Construction, Inc.
46 Is a Statewide Water Plan Necessary?
MARCO GIOIOSO
47 UPDATED: No Easy Fix for Potomac River Sewage Spill, Now Estimated at $20M
P. Gioioso & Sons, Inc.
MARK LANGEVIN
Phoenix Communications, Inc.
WILLIAM LEONARD
53 Digging Smarter: Practical Lessons from Dig Safe’s February Training Breakfast 55 UCANE’s Safety Corner: March is National Ladder Safety Month
Aqua Line Utility, Inc.
59 UCANE’s 14th Annual Trade Show
KARIN MARSHALL
61 Save the Date: UCANE’s 47th Annual Golf Tournament
Boston Concrete Corp.
63
Pittsfield Seeks $28M Borrowing for Water and Sewer Infrastructure
J. Derenzo Co.
65
AMWA Testifies at Senate EPW Committee Hearing on Cybersecurity
RYAN McCOURT
66 UCANE’s Employee Safety Manuals Now Available
JOHN McGRATH
67 Insurance Perspective: A Slowly Stabilizing Insurance Market for the Water and Sewer Industry
MIKE McCARTHY
McCourt Construction Company Methuen Construction Co.
MICHELE NORTON
71 UCANE’s 2026 Scholarship Applications Now Available
HUB International New England
RICHARD PACELLA, JR. R. M. Pacella, Inc.
FRED ROGERS
Scrap It, Inc./Minichiello Bros., Inc.
MARK SZELA
Insituform Technologies LLC
CHRISTOPHER WALSH
Editor: Joseph F. Nolan; Magazine Designer/Associate Editor: Sherri Klayman; Associate Editor: Suzanne Hatch; Writer: Brandon Ward Construction Outlook Chair: Chris Valenti Editorial Board: Chris Valenti, Querino Pacella, Lisa French Kelley, and Justin Goodheart CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; Email: jnolan@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Brockton, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.
W. Walsh Company, Inc.
JOSEPH NOLAN
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Across the Commonwealth and Beyond, Water Infrastructure is Often Out of Sight and Out of Mind, Until it Isn’t Recent discussion in the Boston Globe about the need for a statewide water strategy highlight something UCANE members have long understood: access to clean, reliable water is not guaranteed. From small rural communities to fast-growing suburban regions, many municipalities face aging systems, supply constraints, and rising regulatory demands.
A
s one-time federal funding from the Infrastructure Investment and Jobs Act (IIJA) begins to sunset in 2026, the Commonwealth must confront a critical question: what comes next? Over the past several years, federal infrastructure dollars have provided a meaningful boost to long-delayed water, wastewater, and stormwater projects. These investments supported local jobs, improved system reliability, and helped communities begin addressing lead service line replacement and PFAS treatment. But these funds were always temporary. The need, however, is permanent. In our ongoing discussions with legislative leaders, we recognize that infrastructure funding now faces additional competing priorities. Increased investment in lead service line removal following the Flint, Michigan crisis and the enormous costs associated with PFAS mitigation are both necessary and urgent. However, their resolution cannot, and must never, come at the expense of maintaining and investing in our increasingly aged core water and sewer infrastructure. Water pipes are underground, out of sight and out of mind until the next collapse — as we have seen recently here in Winthrop and nationally in Washington, D.C. Massachusetts faces tens of billions of dollars in water infrastructure needs over the coming decades as systems continue to age. Planning discussions are important, but planning without sustained funding will not solve the problem. Nor will funding without a clear strategy that prioritizes public health, economic growth, and cost-effective investment. UCANE believes the path forward requires both. First, the Commonwealth must protect and strengthen the State Revolving Fund (SRF) program — the backbone of water infrastructure financing. Cuts to federal SRF allocations and uncertainty in state matching funds threaten to stall projects just as communities are preparing for long-term investment
MARCH, 2026
cycles. A real investment in SRF funding is not optional; it is essential. Second, we must continue working closely with local, state, and federal leaders to ensure water infrastructure remains a priority even as some federal stimulus programs wind down. Water systems support housing production, economic growth, and public health. The administration has correctly made major policy initiatives to support much-needed affordable housing across the Commonwealth. Funding and zoning may pave the way for housing, but it will not be built without investing in the water, sewer, and utility infrastructure needed to make that housing possible. Solutions will differ by region. Some communities may benefit from expanding the MWRA service area, while others may need treatment upgrades, new wells, or modernized distribution infrastructure. A thoughtful statewide strategy can help guide these decisions, but it must be paired with sustained capital investment and practical regulatory policies that allow projects to move forward. UCANE’s members, union and open shop contractors alike, build and maintain the systems that keep our Commonwealth running. We see firsthand what deferred maintenance costs, and we also see what smart investment delivers: stronger communities, reliable infrastructure, and long-term economic stability. As your President, I am committed to continued outreach and engagement with policymakers and stakeholders to ensure that water and utility infrastructure investment does not fall victim to short-term budgeting cycles. UCANE’s continued efforts to ensure that water, sewer, and utility infrastructure investment do not wane, may never be more important.
Clean, reliable water is foundational. It deserves long-term vision — and long-term investment. Thank you for helping us carry this critical message to our leaders locally and nationally. n
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MassDEP Delays Heavy-Duty Omnibus Rule Again; Question Remains Over Legality of CARB Rules
T
he Massachusetts Department of Environmental Protection (MassDEP) scheduled a virtual public hearing on Monday, March 16, 2026, at 10:30 a.m. and again at 5:00 p.m., to receive testimony on proposed amendments to 310 CMR 7.40, the regulation governing the Commonwealth’s Advanced Clean Trucks (ACT) and HeavyDuty Omnibus (HDO) requirements. These proposed amendments impact manufacturers, dealers, fleets, and end users of medium- and heavy-duty (MHD) vehicles operating in Massachusetts. The proposal makes two principal changes. First, MassDEP is seeking to delay the implementation of the Heavy-Duty Omnibus (HDO) standards by one year, shifting the start date from Model Year 2026 to Model Year 2027 (MY27). In its background materials, the Department notes that manufacturers have indicated they do not have sufficient MY2026 HDO-compliant engines and vehicles available for many applications and would otherwise need to restrict sales to comply. MassDEP states that manufacturers anticipate adequate compliant availability beginning in MY27, and the proposed delay reflects that reality. While modest in duration, the one-year extension is intended to provide supply chain stability and reduce market disruption during the transition. Second, MassDEP proposes to adopt recent amendments made by the California Air Resources Board (CARB) to the Advanced Clean Trucks (ACT) rule. Among the most notable changes is an expansion of manufacturer compliance flexibility by extending the “deficit makeup” period from
MARCH, 2026
one model year to three model years, allowing manufacturers to balance required electric truck sales across a multi-year period rather than annually. The amendments also align certain reporting and compliance provisions with California’s updated framework. From a regulatory standpoint, the proposed revisions are designed to mirror California’s most recent ACT adjustments and provide additional compliance flexibility within the existing mandate structure. For dealers and end users, the amendments present a nuanced and evolving policy landscape. The proposed HDO delay offers near-term regulatory relief and acknowledges the operational constraints associated with equipment availability and certification timelines. At the same time, the ACT amendments continue to move forward electric truck sales requirements during a period when infrastructure buildout, grid interconnection timelines, and charging capacity remain significant concerns for many fleets. In addition, stakeholders continue to raise questions about electric vehicle costs, operational feasibility in certain vocational applications, range and payload constraints, and cold-weather performance. These practical considerations are unfolding alongside ongoing federal litigation concerning the United States Environmental Protection Agency’s (EPA’s) waiver authority and Clean Air Act implementation, adding further uncertainty to the broader regulatory environment. Nevertheless, Massachusetts law requires alignment with California’s continued on page 7
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Legislative Update continued from page 5 vehicle emission standards, and the Commonwealth continues to move forward under that statutory framework. MassDEP will accept oral testimony at the March 16 virtual hearings and written comments through 5:00 p.m. on March 26, 2026. Written comments may be submitted by email to Ngoc Hoang at the Bureau of Air and Waste (ngoc.hoang@mass.gov) or by mail to MassDEP at 100 Cambridge Street, Suite 900, Boston, MA 02114. Given the long-term implications of ACT and HDO implementation for the MHD market in Massachusetts, stakeholder engagement remains critical. The upcoming hearing provides an important opportunity for industry participants to weigh in on the proposed delay, the adoption of California’s ACT amendments, and the broader path forward for achieving emissions reductions in a manner that is operationally feasible and economically sustainable for the Commonwealth’s transportation sector. To register for the MassDEP public hearings, please visit: https://www.mass.gov/doc/aq-lev-notice-english/download. continued on page 9 We improve the lives of our partners, and our family by going beneath the surface to build America’s essential infrastructure. While we’re capable of taking on any trenchless construction project across the U.S., we’re bestsuited for the hard jobs no one else wants to touch.
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Legislative Update continued from page 7
Healey-Driscoll Administration Provides Grants for River and Wetland Restoration
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he Healey-Driscoll Administration announced over $1.4 million in grants to support river and wetland restoration. The funding, provided by the Massachusetts Department of Fish and Game’s (DFG) Division of Ecological Restoration (DER) was awarded to 12 communities, including eight projects through DER’s Priority Projects Program and one project through DER’s Culvert Replacement Training Site Initiative. These projects will help to strengthen resilience to climate change, reduce flood risks, improve water quality and public safety, and restore vital wildlife habitat. DER’s Priority Projects Program supports wetland and river restoration projects that benefit the state’s environment, community, and economy. Once designated as a DER Priority Project through a competitive process, projects are eligible to apply for funding opportunities and receive technical support and services from DER. DER’s Priority Projects restore freshwater wetlands, floodplains, streams, and coastal habitats, and remove aging and unsafe dams.
DER’s Culvert Replacement Training Site Initiative works to help cities and towns replace outdated culverts with new, improved crossings and aims to create a network of road managers with advanced experience implementing culvert replacements that meet the Massachusetts Stream Crossing Standards. Through project sites that serve as case studies, local road managers receive comprehensive training on how to assess, plan, and carry out these important resilience projects statewide. Through the Biodiversity Goals for the Commonwealth, the Massachusetts has committed to restore 75 percent of our most important habitats for wildlife, remove 10 percent of obsolete dams, and upgrade 2,500 culverts by 2050. Through the Mass Ready Act, the Healey-Driscoll Administration has proposed investments to accelerate progress towards these goals, including $40 million for river and wetland restoration and $20 million dedicated to advancing the Biodiversity Conservation Goals. continued on page 11
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Legislative Update continued from page 9 •
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DER awarded funding to the following projects: Abbey Brook Restoration & Revitalization; Chicopee ($100,000). This project is removing two dams, replacing a culvert, and “daylighting” a 250-foot stretch of river to restore natural river processes, improve water quality, stormwater management, and stream connectivity, reduce flood risk, and protect area utilities. This award will support design work for Phase Two of the project. Bayview Cranberry Bogs Restoration; Yarmouth ($25,000). This project is restoring healthy, diverse wetlands on approximately 45 acres of abandoned cranberry farmland adjacent to the Cape Cod Hospital. This award will support planning, outreach, and community engagement. Childs River Restoration; Falmouth and Mashpee ($6,200). This project completed construction in 2021 and resulted in restoration of 40+ acres of wetlands and 1.5 miles of associated stream, improved fish and wildlife passage and ecological connectivity, and enhanced habitat and species diversity. This award will support post-construction invasive species management. Frost Fish Creek Restoration; Chatham ($120,000). This project is restoring tidal exchange and stream connectivity to an impaired upstream
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salt marsh and a former cranberry bog to improve water quality and wetland health and function within Frost Fish Creek. This award will support data collection and development of flood mitigation designs. Nashawannuck Brook Restoration; Northampton ($154,650). This project is restoring floodplain connection, enhancing stream habitat, creating wetland habitat, and replanting the riparian corridor on a former golf course in Northampton. This award will support construction. South Meadow Wetland Reserve Easement Restoration; Carver ($177,000). This project is restoring 30+ acres of retired cranberry farmland to a self-sustaining natural wetland and stream system, enhancing habitat, biodiversity, ecological connectivity, and climate resilience and resistance. This award will support construction. South River Restoration/Temple Street Dam Removal; Duxbury ($150,000). This project is removing the Temple Street Dam to improve ecological processes and climate change resilience, restore aquatic connectivity, and eliminate an ongoing maintenance burden for the community. This award will support construction. Ware River Restoration/Wheelwright Dam Removal; Hardwick, Barre, and New Braintree ($600,000). This project is removing the Wheelwright continued on page 13
DigSafe.com or Call 811 Before You Dig It’s smart. It’s free. It’s the law. Follow these steps for a safe excavation: • 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.
• 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.
• Notify non-member facility owners.
• Call 911 in the event of a gas leak, or if a damaged facility poses a risk to public safety.
• Maintain the marks placed by underground facility owners.
• Know your state’s excavation requirements.
• Use caution and dig by hand when working within 18” of a marked facility.
• Go to digsafe.com for educational material and current laws.
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Legislative Update continued from page 11 Pond Dam to restore natural riverine processes and reconnect 130 miles of high-quality freshwater habitat in the Ware River Watershed, 34 miles of which is coldwater fisheries habitat. Removal of the Wheelwright Pond Dam will be one of the largest and most significant dam removals in Massachusetts. This award will support phase two of construction. • Stoney Brook Culvert Replacement; Weston ($76,924). This project will remove two undersized culverts on Viles Street and Church Street over Stoney Brook, a Coldwater Fisheries Resource, to benefit stream and habitat connectivity as well as provide public access and safety benefits to the roadway and surrounding community. As part of the Culvert Training Initiative, the Town will also host one to two trainings led by DER to teach local roadway managers about culvert replacements in Massachusetts. This award will support field data collection activities. To learn more about the Culvert Replacement Grant Program, please visit: https://www.mass.gov/ how-to/culvert-replacement-training-site-grant-funding. For more information about the Priority Projects Grant Program, please visit: https://www.mass.gov/ how-to/priority-projects-program-advancement-grant. continued on page 15
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Massachusetts First State to Deploy ChatGPT Across Executive Branch
he end of February saw Governor Maura Healey announce the launch of the ChatGPTpowered Artificial Intelligence (AI) Assistant for the state’s workforce, with the goal of making government work better and faster for people. The AI Assistant will be implemented as a phased approach across the executive branch and will provide a safe and secure environment that protects state data. Massachusetts will be the first state to adopt the technology for the entire executive branch, which includes nearly 40,000 state employees. Following a competitive procurement process, the state and OpenAI have agreed to a contract to deploy ChatGPT at scale across Massachusetts state government. The rollout will take a phased approach, starting with staff in the Executive Office of Technology Services and Security (EOTSS). Additional secretariats and executive branch agencies will be onboarded over the coming months. In conjunction with the rollout, the state is offering a series of optional training programs designed to provide employees using the Enterprise AI Assistant with a baseline understanding on best practices and strategic use of the tool. The rollout of ChatGPT will be within a walled-off, secure environment that protects state data and ensures that employee chat inputs do not train public AI models. Use of the tool is governed by terms and conditions set by the TSS Privacy Office, and regularly updated policies that govern the use and development of AI. While other states have launched limited pilot programs for ChatGPT, Massachusetts will be the first enterprisewide deployment of the tool. The launch of the Enterprise AI Assistant builds on the HealeyDriscoll Administration’s broader strategy to position Massachusetts as a global leader in applied AI. Through the Massachusetts AI Hub, the Administration is coordi-
MARCH, 2026
nating state support for the AI ecosystem, expanding access to critical infrastructure like compute resources, deepening partnerships with industry and research institutions, and ensuring Massachusetts remains the place where AI is developed, tested, and turned into real-world solutions across sectors like life sciences, advanced manufacturing, clean energy, and health care. More information on the tool, training and other Frequently Asked Questions can be found at mass. gov/ai. continued on page 17
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Legislative Update continued from page 15
News in Brief •
Lewis Decides Against Seeking Re-Election; Lipper-Garabedian First to Announce Campaign. Massachusetts State Senator Jason Lewis, a Winchester Democrat and influential legislator behind the new millionaires tax on income over $1 million and the 2019 overhaul of the state’s school funding formula that directed an additional $2 billion to K-12 education, announced that he will not seek reelection in 2026, saying he is ready for the next chapter of his life. Over nearly two decades on Beacon Hill, Senator Lewis also helped raise the tobacco-buying age to 21 and was a primary negotiator on laws raising the minimum wage to $15 and creating paid family leave. His departure opens a seat in the Fifth Middlesex Senate district. Representative Kate Lipper-Garabedian, who has represented the 32nd Middlesex District (Malden, Melrose, and Wakefield) in the House of Representatives since March 2020, announced her intention to run for the seat im-
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mediately following Senator Lewis’ announcement. Prior to serving in the House, Representative Lipper-Garabedian served as a Melrose City Councilor at-large, first elected in 2017. She also worked as the Chief Legal Counsel at the Massachusetts Executive Office of Education and as a public middle school teacher. Massachusetts Department of Revenue Alerts Taxpayers to New Timelines for Mail Postmarking. The Massachusetts Department of Revenue (DOR) is warning taxpayers, preparers, and child support customers about recent changes to United States Postal Service procedures that could delay postmark dates for mail. As of December 2025, mail received at post offices may not be postmarked on the day of receipt, unless specifically requested at the retail counter. To avoid any mailed tax return delays, taxpayers are encouraged to file and make payments electronically. MassTaxConcontinued on page 19
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nect, DOR’s online system for filing returns and paying taxes, is available 24/7. Tax Year 2025 Massachusetts personal income tax returns are due by Wednesday, April 15, 2026. Extension payments must also be made by that date to qualify for the extended filing deadline of Thursday, October 15, 2026. At least 80% of the tax due must be paid by April 15, 2026, to qualify for an extension. For additional tax filing season resources and contact information, taxpayers are encouraged to visit the DOR website at https://www.mass.gov/info-details/ massachusetts-personal-income-tax-filingassistance. Matias Named Secretary of Housing and Livable Communities. Governor Maura Healey announced that Secretary of the Executive Office of Housing and Livable Communities Ed Augustus stepped down on February 27 after three years leading the state’s first housing secretariat in decades, during which he helped pass the $5.2 billion Affordable Homes Act and advance major production and affordability initiatives statewide. Mr. Augustus is leaving
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to become CEO of UniBank, and Deputy Secretary Jennifer Maddox will serve as Interim Secretary until Juana Matias assumes the role on April 1. Ms. Matias, a former Massachusetts State Representative and most recently HUD Regional Administrator for New England, brings extensive federal and state housing policy experience, having overseen billions in housing investments and regional HUD operations. The Healey-Driscoll Administration praised Augustus’ leadership in establishing the secretariat and advancing housing production, while expressing confidence that Matias will continue efforts to expand supply, preserve affordability, and address the Commonwealth’s ongoing housing crisis. Ms. Matias holds a Bachelor of Arts in political science and criminal justice from University of Massachusetts Boston and a Juris Doctor from Suffolk University Law School. New Education Secretary Appointed to Replace Departing Tutwiler. As part of the election year turnover – often found before and right after a re-election campaign – Governor Healey announced that she is appointing Dr. Stephen Zrike Jr. as Secretary of the Executive Office of Education. Dr. Zrike is currently the Superintendent at Salem Public Schools and previously led the Holyoke and Wakefield Public Schools. Secretary of Education Patrick Tutwiler stepped down from his position on Friday, February 13 to assume the role of President and Chief Executive Officer of Walker Therapeutic & Educational Programs. Dr. Zrike previously worked at the Holyoke Public Schools as Receiver/Superintendent, where he led the turnaround of 11 chronically underperforming schools, improved academic outcomes, increased the graduation rate, and reduced chronic absenteeism. He also served as Superintendent of Schools in Wakefield, Massachusetts, Chief of Elementary Schools for the Pilsen-Little Village Network in the Chicago Public Schools, and Principal of both the William Ohrenberger Elementary School and John Philbrick Elementary School in Boston. He began his career as a fifth-grade teacher in Massachusetts’ Andover Public School District. Dr. Zrike holds a Bachelor of Arts degree in history from Dartmouth College and a master's degree and a doctorate in education from the Harvard University Graduate School of Education. n
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t is with profound sadness that we share the passing of longtime UCANE member and dear friend, Robert “Bob” Benard, who passed away peacefully at the age of 91 on Sunday morning, March 1, 2026, at his home in Burlington, surrounded by his loving family. Bob was truly an icon in the construction industry — a respected leader, generous supporter, and trusted friend to so many within our association. Bob and C. N. Wood Co., Inc. joined UCANE in 1974 and, for more than five decades, have remained steadfast and generous supporters of our work and mission. Born in Melrose to the late Frank F. and Rose E. (White) Benard, Bob was raised and educated in the Melrose school system and graduated from Melrose High School, where he developed both his strong work ethic and his lifelong love of football. Mechanically gifted from a young age, he worked alongside his older brothers repairing cars and stock cars, and later at a local filling station during high school. Those early hands-on experiences sparked a passion that would define his life’s work. After working at a heavy equipment dealership, Bob joined a small, struggling company with an agreement to become an owner — the beginning of what would become C. N. Wood Co., Inc. Within two years, Bob and his partner, Paul McCarthy, purchased the business outright. Over the next six decades, Bob transformed the company into one of the most respected construction equipment dealers in the Northeast. Under his leadership, C. N. Wood grew to nine locations across Massachusetts, Connecticut, Rhode Island, New York, and Maine, employing nearly 200 people. For 58 years, Bob guided the company with integrity, heart, and determination. He supported contractors and municipal clients with dependable equipment, sound advice, and unwavering commitment. Known for leading with compassion as much as business acumen, he built partnerships and friendships that spanned generations. A true embodiment of hard work, Bob could often be found at the yard on Saturdays — and sometimes Sundays — ensuring every machine leaving the lot was ready to perform. Beyond his professional accomplishments, Bob believed deeply in giving back. He supported trade or-
MARCH, 2026
ganizations through scholarships and educational opportunities, quietly assisted local charities, and was known throughout the Woburn and Burlington communities as a generous and often anonymous “Secret Santa.” His legacy of humility, service, and generosity continues to inspire all who knew him. Bob was a founding member of the NBM Highway Association and an active member of the Massachusetts Highway Association, UCANE, APWANE, and many other industry organizations. He was also a member of the Ancient and Honorable Artillery Company of Massachusetts and the Wyoming Lodge of Freemasons in Melrose. Despite his extraordinary professional life, Bob’s greatest pride was always his family. He shared a devoted marriage with the love of his life, Paula (Toomey) Benard. High school sweethearts, Bob and Paula built a life grounded in love, hard work, and shared purpose. He often credited Paula as his partner and strength in every success. Together, they raised their children with steady guidance and unwavering support. Bob cherished time spent with his family in the Lakes Region of New Hampshire, where he introduced three generations to boating, watersports, skiing, snowmobiling, and simply enjoying time together. Even in later years, he could be found operating his mini-excavator at his Alton, NH property, thoughtfully shaping the landscape into a natural retreat. He found joy in building, fixing, and creating — and he never lost his love of football, especially analyzing coaching strategy and play-calling. Bob was predeceased by his brothers, Ernest S. Benard and Edward H. Benard, and his brother-in-law, Levon Maserian. He is survived by his beloved wife, Paula; his daughters Debra Del Dotto and her husband Ronald, Paula Benard, and Cheryl MacIver and her husband Dana; his sister June Maserian; his grandchildren Paula Merva and her husband Martin, Kelly Piper, Eric MacIver and his wife Lauren, and Kristen MacIver and her fiancé Shawn Power; and his three great-grandchildren, Piper Rose Merva, Alton Robert Merva, and Hudson Arthur Merva. On behalf of UCANE, we extend our deepest sympathies to Paula and the entire Benard family. Bob’s legacy within our industry and our association will not be forgotten. n
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MARCH, 2026
Construction & Public Contracts Group, Hinckley Allen, LLP
Christopher Morog Partner
Robert T. Ferguson Partner
Pre-Bid Questions in Bidder Responsibility Cases The Bid Unit of the Massachusetts Office of the Attorney General (“Bid Unit”) closed out February 2026 with a decision concerning an awarding authority’s power to determine bidder responsibility under M.G.L. c. 30, § 39M. The case illustrates the importance of reviewing the requirements of the bid documents and, where appropriate, submitting pre-bid questions to address potential issues or seek clarification in advance.
T
he case arose out of a municipal public works project for the revitalization of a landfill. In addition to general site work and grading and improvements to a nearby playground, the project scope of work also entailed landfill closure and capping. The awarding authority required prospective bidders to “Provide Three Service Appropriate References,” but did not define or otherwise elaborate on the meaning of the term: “service appropriate references.” It did not appear from the Bid Unit’s decision that any interested bidder submitted a prebid question concerning this requirement or project experience requirements. In its bid, the apparent low bidder identified three projects that it considered to be similar projects. The second-low bidder identified nine. After opening bids, the project designer proceeded to conduct reference checks. With respect to the apparent low bidder, the designer reported two positive reference checks. However, one of the apparent low bidder’s references stated that it had never worked with the apparent low bidder previously. After further investigation, the apparent low bidder admitted that its “most recent landfill experience was 10 years ago” and that it “had used the landfill experience obtained elsewhere by two of its employees.” The awarding authority rejected the apparent
MARCH, 2026
low bidder, determining that the apparent low bidder was “non-responsible and ineligible due to its apparent lack of landfill experience.” In further support of the rejection, the awarding authority also cited its own “poor” prior experience with the apparent low bidder on a project 13 years ago. The apparent low bidder filed a bid protest. The Bid Unit acknowledged that an awarding authority retains discretion when it comes to determining bidder responsibility, and that this determination “is not disturbed absent a showing of arbitrary or illegal action by the awarding authority.” On the facts of this case, the Bid Unit concluded that the awarding authority’s decision to reject the continued on page 25
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Legal Corner continued from page 23 apparent low bidder was supported by a rational basis. In reaching this conclusion, the Bid Unit rejected the apparent low bidder’s argument that “the City should have considered the landfill experience of [the apparent low bidder’s] employees when determining whether [the apparent low bidder], itself, had the experience necessary for the Project.” The Bid Unit stated that the awarding authority “was not obligated” to consider the apparent low bidder’s employees’ experience and instead, “elected – in a proper exercise of its discretion – to consider only the relevant experience of [the apparent low bidder] as a business entity.” Although the Bid Unit concluded that it was “inappropriate” for the awarding authority to partially rely on a “stale” project that the apparent low bidder had performed for the awarding authority 13 years ago, this did “not supplant the independent justification for rejecting [the apparent low] bid, which rests soundly upon [the apparent low bidder’s] lack of landfill capping experience.” The Bid Unit therefore denied the protest. As this case illustrates, bidder responsibility protests often rise and fall on the specific facts of each situation. In its decision, the Bid Unit noted a
disagreement between the parties concerning what percentage portion of the scope of work would be comprised of landfill closure and capping. The apparent low bidder asserted that landfill closure and capping only accounted for approximately one-third of the overall scope of work. In contrast, the awarding authority asserted that the landfill closure and capping work comprised upwards of “75-80%” of the Project. In addition, as noted, the bid documents “did not further describe what the City meant by ‘service appropriate references.’” In these circumstances, prospective bidders might have considered submitting pre-bid questions to address issues before the awarding authority made bidder responsibility determinations. For example, the apparent low bidder could have submitted a pre-bid question seeking clarification regarding the importance of prior landfill experience given the portion of work requiring landfill closure and capping. It also could have asked whether the awarding authority would consider relevant experience that employees gained during periods of prior employment. While an awarding authority can set experience requirements, those experience requirements typically cannot be so restrictive as to continued on page 26
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Legal Corner continued from page 25 inappropriately reduce fair and open competition. Sometimes, awarding authorities will expand or clarify experience requirements, which can benefit the public by increasing the size of potentially responsible and adequately experienced contractors. If an awarding authority elects not to loosen experience requirements, bidders may then consider filing a protest before bids are opened. This can sometimes afford the Bid Unit (or a court) an opportunity to determine whether the experience requirements are too restrictive of competition in violation of the purposes of the competitive bidding laws. However, once bids are opened and the awarding authority has made its determination with respect to bidder responsibility, a bidder challenging that decision typically must demonstrate that the awarding authority’s determination was arbitrary, capricious, or illegal. In these cases, the Bid Unit will undertake an “affirmative duty to seek out potential justifications for” the decision of the awarding authority. Participating in the pre-bid question and answer process can sometimes facilitate resolution of potential issues before they arise. n
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MARCH, 2026
MassDEP Releases DRAFT CY2026 Clean Water & Drinking Water SRF Lists Totaling Over $1.162 Billion Charles D. Baker Governor
Matthew A. Beaton Secretary
Approximately $728.1 Million Offered for Clean Water SRF in 2026
Karyn E. Polito Lieutenant Governor
T
Martin Suuberg Commissioner
he Massachusetts Department of EnvironJanuary 26, 2016
The CWSRF is funded with federal funding received mental Protection (MassDEP) is pleased to through the EPA, which is supplemented by state present the Draft Calendar Year 2026 Intendmatching funds, repayment of loans, and interest To All Interested Parties: ed Use Plan (Draft IUP). The federal Water Pollution earned. Control Act (Clean Water Act) requires MassachuThe Draft IUPisdetails projects, toThe Massachusetts Department of Environmental Protection (MassDEP) pleasedthe to intended present the setts to annually prepare an IUP – a plan identifying tal project costs, and amount of funding 2016 use Intended Use in Plan projects, borrowers and amounts that will bebeing oftheFinal intended of funds its (IUP), Cleanwhich Waterdetails State the fered through the CWSRF. This year, MassDEP and financedFund through the Clean Water Revolving (CWSRF) loan program. The CWSRF is a Revolving (CWSRF). The StateState issues a Final Fund the Trust are offering $728 million in financial supjoint federal-state financing loan program that provides subsidized interest rate loans to improve or IUP annually after a public review and comment periport to wastewater projects across Massachusetts, water quality in the Commonwealth. od.protect The U.S. Environmental Protection Agency (EPA) subject to the availability of funding. Approximately must receive the Final IUP before it awards its annual $432 million is being offered to finance 30 new conAs noted inGrant Tableto 1, the Massachusetts $414 million$270 to finance clean water offered to Capitalization CWSRF. is offering approximately struction projects, million is being projects across the Commonwealth. Approximately $380 million will fund 35 new construction The CWSRF is a joint federal-state financing finance 12 previously approved multi-year projects, projects and an additional $15 millionand willthe beMasallocatedand towards funding previously approved program managed jointly by MassDEP $300,000 is 9being allocated to fund two Asset multi-year projects. $2 million has been allocated to the emergency set-aside account, and $3projects. Addisachusetts Clean Water Trust (Trust) that provides Management Planning (AMP) Grant million will be and directed to the Community Program to remediate failed septic allocasubsidized loans grants to improve and Septic protectManagement tionally, approximately $25 million in set-aside systems in participating communities. An additional $13.8 will fund 15 Draft planning water quality and public health in Massachusetts. tionsmillion are included in the IUP.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 NEW PROJECTS 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 2026 Rating Applicant SRF ID Project Project Cost andIUP Cost effectiveness of the project has been evaluated and that the project maximizes water efficiency 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. This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper
continued on page 29 FEBRUARY, 2025 JANUARY, 2023 MARCH, 2026
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DEP/SRF continued from page 27 NEW PROJECTS (cont.)
Rating
Applicant
SRF ID
Project
TOTAL OF NEW PROJECTS (Count: 30) (Average Rating: 538.1)
2026 Project Cost
IUP Cost
$703,597,411 $423,273,175
continued on page 31
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DEP/SRF continued from page 29 MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS Applicant
SRF ID
Project
TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS (Count: 12)
Project Cost
2026 IUP Cost
$1,369,219,418
$270,248,117
continued on page 33
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DEP/SRF continued from page 31 MassDEP PRIORITY PROJECTS Applicant
SRF ID
Project Cost
2026 IUP Cost
TOTAL OF MassDEP PRIORITY PROJECTS (Count: 4)
$25,400,000
$25,400,000
TOTAL OF DRAFT INTENDED USE PLAN
$2,098,216,829
$727,921,292
continued on page 34
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DEP/SRF continued from page 33
T
Approximately $434 Million Offered for Drinking Water SRF in 2026
he Massachusetts Department of Environmental Protection (MassDEP) is pleased to present the Draft Calendar Year 2026 Intended Use Plan (Draft IUP). The federal Safe Drinking Water Act requires Massachusetts to annually prepare an IUP – a plan identifying the intended use of funds in its Drinking Water State Revolving Fund (DWSRF). The State issues a Final IUP annually after a public review and comment period. The U.S. Environmental Protection Agency (EPA) must receive the Final IUP before it awards its annual Capitalization Grant to the DWSRF. The DWSRF is a joint federal-state financing program managed jointly by MassDEP and the Massachusetts Clean Water Trust (Trust) that provides subsidized loans and grants to improve and protect drinking water quality in Massachusetts. The DWS-
RF is funded with federal funding received through the EPA, which is supplemented by state matching funds, repayment of loans, and interest earned. The Draft IUP details the intended projects, total project costs, and amount of funding being offered through the DWSRF. This year, MassDEP and the Trust are offering approximately $434 million in financial support to wastewater projects across Massachusetts, subject to the availability of funding. Approximately $167 million is being offered to finance 16 new construction projects, $148 million is being offered to finance 13 previously approved multi-year projects, and $443,000 is being allocated to fund four Asset Management Planning (AMP) Grants. Additionally, more than $118 million in set-aside allocations are included in the Draft IUP.
Table 1 Drinking Water State Revolving Fund CY2026 Draft Intended Use Plan NEW PROJECTS
Rating Applicant SRF ID Project Project Cost
2026 IUP Cost
continued on page 35
34
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
MARCH, 2026
DEP/SRF continued from page 34 NEW PROJECTS (Continued)
Rating Applicant SRF ID Project Project Cost
TOTAL OF NEW PROJECTS (Count: 16) (Average Rating: 526.00)
2026 IUP Cost
$354,199,224 $167,078,874
MassDEP PRIORITY PROJECTS Applicant
SRF ID
TOTAL OF MassDEP PRIORITY PROJECTS (Count: 3)
Project Cost
$118,391,514
2026 IUP Cost
$118,391,514
continued on page 37
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DEP/SRF continued from page 35 MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS Applicant
SRF ID
Project
Project Cost
2026 IUP Cost
TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS (Count: 13)
$649,594,335
$147,832,330
TOTAL OF DRAFT INTENDED USE PLAN
$1,122,185,073 $433,302,718
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with UCANE’s Officers and Board Members For those who don’t know you, what is your professional background and how did you get started in the construction industry? I am one of three brothers that grew up in our family business. We three have been involved one way or another all our lives, and I have been formally employed at W. Walsh Company, Inc. full-time, since graduating college in 1989. What is your current role with W. Walsh Company, Inc. and what sets your company apart within the marketplace? I am President of W. Walsh Company. W. Walsh specializes in cleaning and cement-mortar lining of existing cast iron and steel water mains. Walsh handles all aspects of potable water utility construction associated with cleaning and cement-mortar lining projects, such as temporary water bypass system design and installations, valve operations, water main and water service installation, testing, and disinfection, along with performance of the actual cleaning and lining process.
UCANE Board Member Chris Walsh W. Walsh Company, Inc.
takes pride in our name. While growing up in this industry, we witnessed firsthand the hands-on approach that Bill Walsh had in making W. Walsh successful. He didn’t just wear many hats, he wore all of them at one time or another.
To what do you attribute your personal success, and what advice would you offer to other individuals looking to build a career in the construction industry?
You were recently appointed to the UCANE Board of Directors. How long have you been involved with UCANE and why did you decide to get involved? What do you see as UCANE’s most important role for its members?
I attribute my success to the work ethic instilled in us by my father, and the hard work of both of my brothers to understand the water industry and to protect the reputation of W. Walsh Company. I am fortunate to be in a business that still has family in it, and that family
This is my second time serving on the UCANE Board of Directors, and I have also served on the Safety Committee. I believe that UCANE’s most important role is keeping a watchful eye on the government regulations, continued on page 40
MARCH, 2026
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39
Under the Hard Hat continued from page 39
Est. 1926
PROTECTING YOUR ASSETS WHILE YOU BUILD YOUR FUTURE. legislation, and funding that directly affect the utility construction industry. Looking ahead to 2026, what do you see as the biggest opportunities and challenges facing your company and UCANE contractors more broadly? As an industry, we need to promote the importance of funding the maintenance of our underground infrastructure, which is both an opportunity and a challenge. Drinking water delivery and wastewater conveyance, handling, and treatment are not just conveniences, they are necessities for our society. It is surprising how much our utility systems are taken for granted. Part of that is because they are so reliable. Unfortunately, only during a catastrophic failure is there any public focus on the water and sewer systems, and the cost of regular maintenance and upkeep. n
40
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UCANE’s 2026 Schedule of Events
• March 25, 2026: UCANE’s 14th Annual Trade Show and Forecast Dinner Meeting with Presentations from MassDEP, MWRA, and BWSC – Four Points by Sheraton, Norwood, MA • April 13 - 17, 2026: Water Week Fly-In Federal Advocacy – Washington, D.C. • May 18 - 22, 2026: Infrastructure Week Fly-In Federal Advocacy – Washington, D.C. • July 15, 2026: UCANE’s 47th Annual Golf Tournament – Pinehills Golf Club, Plymouth, MA • September 16, 2026: UCANE’s 3rd Annual Topgolf Event – Canton, MA • October 14, 2026: UCANE’s 2nd Annual State House Day and Legislative Forum – Boston, MA • October 24, 2026: UCANE’s 72nd Annual Banquet – Marriott Hotel, Newton, MA
MARCH, 2026
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A recent Boston Globe editorial highlighted a striking paradox in rural Massachusetts: New Salem, a town of just over 1,000 residents nestled along the banks of the Quabbin Reservoir, sits beside one of the largest sources of drinking water in the state—yet struggles to provide reliable water to its own community.
T
he Quabbin supplies millions of residents in Eastern and Central Massachusetts through the Massachusetts Water Resources Authority (MWRA). But in New Salem, there is no municipal water system. Homes and public buildings rely on private wells. When the well serving the town administrator’s office recently ran dry, bottled water became a necessity and staff were forced to use facilities across the street. The irony is difficult to ignore.
The Challenge of Geography and Resources As reported in the original article, New Salem’s terrain presents a major barrier. The town’s hilly landscape and dispersed population make a traditional, town-wide water system physically and financially impractical. Board of Selectmen Chair Susan Cloutier noted that while a limited municipal system in the town center might be feasible, providing emergency access for residents whose wells fail or become contaminated, it would require funding far beyond what a community with a $3.5 million annual budget can easily support. Many municipal roles in town are filled by volunteers. A coalition of Quabbin watershed towns has proposed legislation to establish a trust fund, financed by MWRA member communities, to support towns bordering the reservoir. While the state already provides some compensation to these communities, proponents argue that the proposal reflects a deeper reality: many Massachusetts towns lack sustainable, reliable water infrastructure, and there is no comprehensive statewide framework to address the issue.
A Broader Statewide Problem New Salem is not alone. Across Massachusetts, communities face mounting water challenges; limited supply, aging infrastructure, contamination concerns, and increasing demand. The MWRA currently provides drinking water to 61 member communities. However, joining the system can be costly, and membership has historically been limited to communities with the financial capacity to absorb the expense.
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Recognizing growing regional needs, the MWRA has conducted expansion studies in recent years examining service to: •
The MetroWest Region
•
The Ipswich River Basin
•
The South Shore
•
Quabbin Watershed Communities
Each region faces distinct pressures. The Ipswich River Basin is considered “stressed,” with demand frequently outpacing supply and triggering seasonal water restrictions. South Shore communities confront similar constraints. PFAS contamination has added costly treatment requirements for several municipalities statewide. In some areas, limited water supply directly constrains economic development. For example, Weymouth explored joining the MWRA while planning redevelopment of the former South Weymouth Naval Air Station, recognizing that existing water sources could not support the scale of proposed residential and commercial growth.
The Cost of Expansion Yet expansion is not simple. The MWRA does not have unlimited capacity, and infrastructure expansion carries staggering price tags. According to recent studies referenced in the article:
continued on page 45
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New Salem continued from page 43 •
Extending Quabbin water to New Salem and three neighboring towns was estimated at $215.4 million (2024 dollars).
•
Developing a new groundwater source for the same communities would cost approximately $112.4 million.
•
Expanding service to 10 South Shore communities could reach $1.25 billion (2022 dollars).
•
Projects in the Ipswich River Basin and MetroWest could range from $110 million to $1.1 billion, depending on scope.
For small, rural communities, these numbers are simply out of reach.
The Need for a Statewide Plan As David McGlinchey of the Massachusetts Rivers Alliance argued in the original article, Massachusetts lacks a comprehensive, strategic plan for managing future water allocation and supply. The state’s Water Resources Commission is well positioned to lead such an effort. A statewide water plan could: •
Assess long-term supply and demand across all regions.
•
Identify infrastructure gaps.
•
Prioritize investment.
•
Evaluate when and where MWRA expansion is viable.
•
Develop equitable funding mechanisms for smaller communities.
Without coordinated planning, Massachusetts risks deepening regional disparities; where some communities enjoy resilient, redundant water systems while others depend on private wells vulnerable to drought, contamination, or simple depletion.
A Warning and an Opportunity New Salem’s situation is not merely a local challenge; it is a cautionary example. A town located beside one of the Commonwealth’s most critical water resources should not find itself without dependable access. Before water scarcity, contamination, or infrastructure failure becomes more widespread, Massachusetts has an opportunity to act deliberately rather than reactively. The Commonwealth has long been a national leader in water quality and environmental protection. Ensuring that leadership extends to long-term water equity and infrastructure resilience will require strategic vision, collaborative financing, and statewide commitment. The question is not whether the need exists—it clearly does. The question is whether the state will seize this moment to plan for the decades ahead. n
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Put Funding and Policy First, Please The Globe’s editorial calling for a statewide water plan (“Massachusetts needs a statewide water plan,” Opinion, February 19) highlights real water-supply challenges. But another plan is not what communities need most. The more immediate barriers are insufficient infrastructure funding and state policies that hamper responsible local water-
supply development. Across Massachusetts, aging drinking water, wastewater, and stormwater systems are beyond their intended lifespans. An estimated $37 billion will be needed over the next 20 years to meet existing regulatory requirements — a figure that does not include the cost of removing newly regulated PFAS, already affecting many public water systems and often requiring treatment plants costing tens of millions of dollars. Meanwhile, the state’s allocation of federal State Revolving Fund dollars — the backbone of water infrastructure financing — is being cut by more than 60 percent, which reduces statewide funds available for projects. Planning without protecting infrastructurefunding will not solve the problem. Communities also face restrictive water-quantity regulations, lengthy permitting, and rigid water-use policies that can discourage local supply development. Each community has unique needs and should be supported in developing a plan that meets those needs.
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Water infrastructure underpins housing, economic development, public health, and emergency preparedness. A true statewide strategy must focus on sustained investment and regulatory flexibility — not simply production of another report. Jennifer A. Pederson, Acton (The writer is executive director of the Massachusetts Water Works Association, a nonprofit representing 1,600 drinking water professionals across the Commonwealth.) n
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Infrastructure Failure
UPDATED: No Easy Fix for Potomac River Sewage Spill, Now Estimated at $20M
New Salem and the Urgent Case for a Statewide Water Strategy
One month after a collapsed Washington, D.C., pipe spilled more than 240 million gallons of raw sewage into the Potomac River, contractors face challenges to clear the damaged section and begin repairs at the site, now a declared disaster area.
O
ne month after a collapsed pipeline north of Washington, D.C., spilled about 240 million gallons of raw sewage into the Potomac River and possibly between 300 and 400 million—which could be the largest wastewater spill in U.S. history— efforts are progressing to clear the damaged section and begin repairs despite weather and other impacts. Further questions remain regarding the time and investment needed to restore the critical infrastructure and reduce environmental impacts, even with a February 22 disaster declaration and new assistance from the U.S. Army Corps of Engineers and other federal agencies. The January 19 collapse in Montgomery County, MD, occurred in a section of the 72-inch diameter Potomac Interceptor operated by the District of Columbia Water and Sewer Authority (DC Water). Adjacent to the river near the I-495 Beltway crossing, the 1960s-era pipe is part of a regional system that conveys 60 million gallons of sewage daily from areas of northern Virginia and Maryland to the city’s Blue Plains wastewater treatment plant. Officials have not
MARCH, 2026
disclosed the cause of the collapse, which they said is under investigation. Since the spill, DC Water has said subsequent discharges have largely been contained with a temporary bypass system that uses eight high-capacity pumps to route sewage flow about ½-mile around the break through a dry, clay-lined section of the historic C&O Canal and back into the pipeline. Despite flow surges from two big snowstorms and multiple rain events in recent weeks, DC Water reports no overflows since February 8. “I’m reassured that DC Water is acting very aggressively to try to repair this, but there’s still a hundred questions out there about what the affect is on the C&O Canal, what the impact is on the Potomac River,” Maryland Representative Jamie Raskin (D) said at a February 26 DC water briefing in Bethesda, MD. After President Donald Trump’s initial social media criticism of local officials for the line collapse and response—despite their assertions that the pipeline is on federal property—he approved the February 18 recontinued on page 49
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Potomic River continued from page 47 quest of Washington, D.C., Mayor Muriel E. Bowser (D) for federal repair and cleanup assistance. The Corps and the Federal Emergency Management Agency have joined the effort, already including the U.S. Environmental Protection Agency. The latter is involved to prevent additional overflows until the pipe is repaired, it said in a statement.
Rock Blockage Removed February 26 Contractors have refined a managed approach to take individual pumps offline during low-flow periods for preventive maintenance, while the Corps implements measures to contain and divert stormwater from the collapse and bypass area and assist in other project execution areas. Drinking water is unaffected by the spill, as intakes for that system are located several miles upstream, said Col. Francisco Peña, who leads the Corps Baltimore District. With a temporary steel bulkhead fully isolating the damaged section, inspectors found a large rock and debris blockage about 30 feet away from the break, DC Water said. Boulders, originally used as construction backfill, likely entered the pipe during the initial collapse. The pipe section was deemed structurally compromised and unsafe for workers, so
crews excavated a new 30- to 40-ft section to create another access point. Contractors cut the crown of the pipe to provide direct access to the blockage, and DC Water said February 26 that the blockage has been removed manualy and by machine, but some large rocks and boulders remain in other sections of the pipe and may require additional excavation to remove. The utility said it now intends to fully develop an emergency repair strategy that could take up to six weeks to complete before the bypass system can be decommissioned. “An environmental restoration plan is being developed in coordination with federal, state, and local regulators and will be released to the public when approved,” was said on February 24. An agency spokesperson said the cost of both the repair and environmental cleanup has now reached about $20 million, according to multiple media reports.
Long Term View DC Water has not responded to ENR’s requests for information on contractors involved in the response, or how the incident may affect the scope and cost of the agency’s current and long-term infrastructure upgrade efforts—including a previously stated continued on page 50
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Potomic River continued from page 49 ten-year, $625-million program underway to rehabilitate Potomac Interceptor sections. The agency has said the 2,700-linear-foot section where the break occurred was targeted for rehabilitation, with work to accelerate when pipeline emergency repairs are complete. Estimated to take nearly one year, the project will use sliplining methods where feasible, while other areas of the pipe will be reinforced and strengthened with a high-strength geopolymer lining. Bowser said in a February 18 letter to President Trump and FEMA that she seeks “100% reimbursement for costs incurred by the District” and D.C. Water, to avoid ratepayer impact. In media comments, she said that “outreach from the president’s team … would indicate to me that they’re supportive of the request.” But according to comments by D.C. emergency management Director Clint Osborn made at a February 25 public briefing at DC Water headquarters, reported by locally-based WTOP News, the declaration does not allow the city or DC Water to recoup money already spent on repairs. He clarified in earlier statements that the federal government would cover 75% of the utiity company’s total repair and cleanup costs as only applying when U.S. agencies directly
perform work assigned through the emergency declaration. “We’re going to continue to work through the preliminary damage assessment process with FEMA this week to determine whether we can convince [the agency] and the White House to upgrade us to a major disaster declaration, which would get us reimbursement,” he said. “How the cost will be borne and allocated is still being worked out,” by DC Water and its four county customers—Montgomery and Prince George’s in Maryland, and Fairfax and Loudoun in Virginia, the utility firm spokesperson said. Meanwhile, a 14-member group of regional House members said it is seeking additional funding for the interceptor repair and upgrade, and related work on other U.S. wastewater treatment systems, “Congress must play a role in solving this crisis, investing in our nation’s wastewater infrastructure, and preventing this and similar crises from recurring,” they said in a February 24 letter to the House Transportation and Infrastructure Committee leaders. “The failure of the Potomac Interceptor is an acute crisis for our region.” Yet to be determined are the spill’s lingering effects on the river’s water quality. Sampling by DC Water and state agencies have shown gradually decreasing, although still fluctuating, levels of E. coli and other continued on page 51
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Potomic River continued from page 50 bacteria downstream from the overflow, with health advisories issued, according to DC Water posted data. Betsy Nicholas, president of the Potomac Riverkeeper Network, said DC Water’s overall collapse response has been good, and that its independent testing shows downstream water quality largely meeting recreational contact standards despite occasional spikes from high flows and melting ice. But she cautioned that “testing should continue,” especially as warmer weather draws people to riverside areas. Another concern is that, like other infrastructure agencies, DC Water lacks resources to address other parts of its infrastructure system that may be in jeopardy of failing. “Hopefully, this incident will be the poster child for preventing similar incidents in the future,” Nicholas said. “It is important to note ... that this incident does not reflect a systematic failure on the Potomac Interceptor,” David Gadis, DC Water CEO and general manager, told regional government officials on February 23, although describing it as a “known vulnerability” due to its age. “However it reinforces the importance of the Potomac Interceptor and the continued investment that must occur in [it] to get to where we need to get.” Written by Jim Parsons & Debra K. Rubin. Reprinted from Engineering News Report. n
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Digging Smarter: Practical Lessons from Dig Safe’s February Training Breakfast
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CANE staff joined a broad coalition of contractors and utility professionals on Thursday, February 26 for the Managing Underground Safety Training hosted by Dig Safe System, Inc. and National Grid, which focused on excavation safety, regulatory enforcement, and best practices for working around underground utilities. The list of presenters included staff from the Massachusetts Department of Public Utilities Pipeline Safety Division, which reviewed common violation types associated with Dig Safe tickets, including failing to obtain a ticket, timeliness errors when submitting violation reports, marking issues, and excavation process mistakes. Non-gas violations carry a minimum civil penalty of $1,000, with second offenses within 12 months increasing to $5,000–$10,000, while natural gas violations can result in significantly higher fines. In some cases, violators may be allowed to attend the Managing Underground Safety Training (MUST) program instead of paying the full penalty. Overall, the training emphasized that Dig Safe functions primarily as a private notification center that alerts member utility companies of planned excavation activity. Utilities then mark their own facilities or hire contracted marking firms. Contractors were reminded that Dig Safe tickets in Massachusetts are valid for 30 days and that excavation may begin only after the required three business day notification period has passed. Pre-marking of proposed excavation areas is required for all tickets, and contractors are responsible for maintaining the utility markings throughout the life of the ticket or requesting remarks if they become unclear. Best practice is to begin work shortly after markings are completed to reduce the likelihood of faded or damaged marks. Speakers also highlighted field practices that help reduce the risk of damaging underground infrastructure. Contractors must hand dig within 18 inches on either side of marked utilities, with mechanical equipment permitted only for the initial pavement penetration. In complex utility corridors, technologies such as air spades or vacuum excavation may be necessary to safely expose utilities. Private locating firms also recommend using passive locating tools to double-check markings before digging. Attendees were reminded that Dig Safe does not mark privately owned underground utilities – such as internal electri-
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cal or water lines on large properties like universities, hospitals, or multi-structure residential lots – making it essential for contractors and project managers to identify and account for those lines before excavation begins. Overall, the training provided valuable practical guidance for contractors, field personnel, and administrative professionals responsible for coordinating excavation work and ensuring underground utility safety. n
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Patrick W.Underhill Saltmarsh Blake Corporate Safety Director President Industrial Safety & Rescue J. Derenzo Companies
March is National Ladder Safety Month A Tool We Use Every Day — A Risk We Often Underestimate
M
arch marks National Ladder Safety Month, an annual safety awareness campaign led by the American Ladder Institute (ALI). The initiative focuses on reducing ladder-related injuries and fatalities through education, training, and jobsite awareness. Ladders are among the most commonly used tools on any construction project including underground and utility work. Whether accessing a manhole, climbing from a trench, reaching overhead connections, or entering a vault, crews rely on ladders daily. Because they’re routine, they rarely receive the same level of attention as heavy equipment or confined space entry.
The Numbers Are Clear: • • • •
Approximately 160 workers die each year from ladder-related incidents. More than 130,000 ladder injuries are treated in emergency rooms annually. Ladder falls account for nearly 20% of all occupational fall injuries. Nearly 90% of ladder fall injuries occur from heights under 20 feet.
Massachusetts Incidents Hit Close to Home: In February 2026, two construction workers in Duxbury, Massachusetts fell approximately 20 feet from a ladder at a residential construction site. Both were hospitalized. In 2025, a worker in Edgartown, Massachusetts died after falling from a ladder at a construction proj-
MARCH, 2026
ect, a tragic reminder that routine tasks can turn fatal. Earlier, a Massachusetts carpenter lost his life when his extension ladder slipped on stone pavers, a preventable setup failure.
Why Underground and Utility Work Faces Unique Risk These incidents remind us that ladders are more than simple tools — they are potential injury vectors if not used with understanding, planning, and respect. In New England, crews contend with frozen ground, mud, gravel, sloped surfaces, congested work zones, and wet equipment. When ladders shift, tip, or sink into soft ground, the margin for error disappears.
The Most Common Causes of Ladder Falls • • •
Improper ladder selection Incorrect ladder angle Unsecured bases or tops continued on page 56
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Platform ladders for longer duration work at height • Placement on uneven surfaces • Multi-position ladders for variable access needs • Overreaching Each type has its purpose, weight limits, and proper application. Making the wrong choice can create in• Carrying tools while climbing stability or increase the likelihood of a fall, especially • Failure to inspect damaged equipment when workers lean or reach beyond safe boundaries Field-Tested Practices for 2. Proper Setup: The Foundation of Safety: Even a perfectly selected ladder can become dangerous Utility Crews without correct setup. 1. Match the Ladder to the Job: There’s no oneHere are essential practices to prevent falls: size-fits-all ladder for all tasks. Construction sites 3. Correct Angle: A ladder should be positioned at typically use: about a 4:1 ratio, one foot out at the base for every • Step ladders for stable, low-height work four feet of height. This angle maximizes stability and • Extension laddersBoston for roofArea access or multi-story minimizes the risk of tipping. Locations tasks 4. Secure Base and Surface: Uneven or soft ground under lad2 Dexter Street ders is a recipe for disaster. Use Everett, MA 02149 Boston Area Boston Area boards, ladder levelers, or other Locations Locations 431 Second Street stabilizing accessories to ensure the base is firm and won’t shift unEverett, MA 02149 2 Dexter Street 2 Dexter Street der the load. Everett, MA 02149 Everett, MA 02149 5. Extend Above Landing: The ladder should extend at least three 431 Second Street 431 Second Street feet above the upper landing surEverett, MA 02149 Everett, MA 02149 face to give secure handholds and BOSTON AREA LOCATIONS prevent overreach, a factor OSHA 100 Fremont Street 2 Dexter Street 431 Second Street Worcester, MA 01603 specifically cited in fall hazard inEverett, MA 02149 Everett, MA 02149 spections in Massachusetts. 6. Avoid Carrying Tools While Climbing: Never carry heavy tools while ascending or descending — use tool belts, hoists, or lift lines. Hands-free climbing keeps balance focused on the ladder itself. 7. Three Points of Contact: More Than a Mantra: The safety industry emphasizes maintaining three Minichiello Bros./Scrap-It, Inc., Minichiello Bros./Scrap-It, Inc. points of contact — two hands and Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, one foot, or two feet and one hand buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal sellers and processors of scrap metal. For over 60 years has our remained — at all times while climbing. It remained the same - to in provide the best along prices in thetop industry along with the same - tohas provide the best prices the industry with notch might sound simple, but in practice top notch service! Fred Rogers at 617-595-5505 customer service! Callcustomer Fred Rogers at Call 617-595-5505 it dramatically increases stability Minichiello Bros./Scrap-It, Inc., and reduces slips. Minichiello Bros./Scrap-It, Inc.,
Safety Corner continued from page 55
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Serves over 2500 customers a week and is one New England's largest buyers, sellers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largestQuick buyers, Ladder Safety Audit for March he same - to provide the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has remained customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch • Are all ladders inspected customer service! Call Fred Rogers at 617-595-5505 weekly?
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Safety Corner continued from page 56 • •
setup rule? Are toolbox talks including ladder safety? Are supervisors correcting unsafe behaviors?
Training: From Compliance to Competency Ladder safety isn’t just a checklist — it’s a competency. Construction teams should invest in training that includes: • Inspection routines • Proper setup procedures • Hazard recognition • Task-specific ladder use • Environmental considerations (weather, surfaces, obstacles) Training should also include scenario-based exercises that reflect the kinds of tasks workers perform daily. National Ladder Safety Month is more than a calendar event — it’s an invitation to strengthen workplace culture. A culture that prioritizes safety empowers every worker to: • Speak up about hazards
• • • •
Refuse unsafe work Participate in training Report equipment defects Hold peers accountable This shared commitment transforms ladders from hazards into reliable tools that support productivity and well-being.
Ladders may be simple, but their risks are real. From fatal falls to near misses, ladder safety deserves focused attention and continuous reinforcement. This month is an opportunity to reinforce safe habits, increase training, perform inspections, and protect your workforce. In underground and utility construction, safety culture is built one decision at a time. n
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UCANE’s 14th Annual Trade Show Will be held on Wednesday, March 25, 2026 prior to our Forecast Dinner Meeting
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, your ad will also be on our website and issuu.com. 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.
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Pittsfield Seeks $28M Borrowing for Water and Sewer Infrastructure PITTSFIELD, MA — The city is seeking a total of $28 million in borrowing authorizations to upgrade its drinking and wastewater infrastructure.
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his includes $13 million for upgrades to the wastewater treatment plant and $15 million for upgrades to the Cleveland and Ashley Water Treatment Plants, which are located outside Pittsfield. The City Council referred the $15 million borrowing request to the Finance Subcommittee. The full drinking water project is expected to cost $165 million over the next eight years, with $150 million for long-term construction and $15 million for near-term needs. The initial ask would fund the final design and permitting for Phases 1-3, Phase 1 of interim updates, allowances, and contingency. After the meeting, Commissioner of Public Services and Utilities Ricardo Morales explained that these are needed repairs so the current infrastructure can be stretched a little longer while design work is underway. Pittsfield's two Krofta drinking water treatment plants were installed in the 1980s. The city says they are beyond anticipated useful service and at risk for catastrophic failure that could leave Pittsfield with a shortage of potable water. Krofta is a compact filtration system that Pittsfield will continue to use. There are four units at the Cleveland WTP and two at the Ashley WTP. Morales said the system is "very good" but needs to be upgraded. "We were one of the first to use that type of technology in the 80s, and it's outdated now, and getting parts and getting repairs to it is very costly because of the outdated technology that it's using, and we can replace that with better infrastructure," he explained. "We need to build a chemical facility on the Cleveland side. We already have that done at Ashley with [American Rescue Plan Act] funds, largely, and then we need to build better tank holding systems at the plants to allow for chlorination to happen at the plant, instead of on its way down to Pittsfield." The Ashley WTP received more than $4 million in ARPA funds. From 2019 to 2022, the city piloted a new generation Krofta with approval from the Department of Environmental Protection. Morales said they need to be tested on-site to ensure that they can
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provide the expected quality of water. According to the project timeline, starting this year, two finished water storage tanks would be designed and constructed, chemical improvements would be made at the Cleveland WTP, and the East New Lenox Road flow control station would receive a new pump station to allow the Ashley WTP to be offline during the third phase. Both WTPs would undergo "major" process and building improvements starting in 2028, and there would be upgrades to the Lower Ashley Reservoir and gatehouse. Construction is expected to be complete in late 2033. Pittsfield provides drinking water for Dalton, the town pays for sewer, and the city has been in conversations with the Dalton Fire District about the upgrades, Morales reported. Dalton anticipates a rise in water and sewer rates. Town Manager Eric Anderson recently said Pittsfield has proposed raising its fees for the town to include a charge to contribute towards the capital costs, but there is no official agreement with the city yet. Recently, the Finance Subcommittee discussed the borrowing for sewer infrastructure, which was reduced from $15.2 million. After a couple of hours of questions and concerns, it was tabled until next month. Councilor at Large Kathy Amuso referenced the conversation, asking for a "lot of data" at the next Finance Committee meeting. Funding would support a new administration and laboratory building at the plant. The WWTP’s existing laboratory building was built in 1938 and adapted for use in 1973, and is said to no longer meet current needs. Mold, layout issues, rodents, ineffective air conditioning, and insufficient lab space were cited as conditions that necessitate the project. This means samples have to be sent to external labs, causing delays, while the new lab will allow same-day analysis. Written by Brittany Polito. Reprinted from iberkshires.com n
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MARCH, 2026
AMWA Testifies at Senate EPW Committee Hearing on Cybersecurity At the end of January, the Association of Metropolitan Water Agencies (AMWA) testified before the Senate Environment and Public Works Committee for a hearing on "Identifying and Addressing Cybersecurity Challenges to Protect America's Water Infrastructure." Scott Dewhirst, Deputy General Manager of Engineering and Technology at Fairfax Water, represented AMWA during the hearing, where he called on the Committee to increase federal assistance for drinking water system cybersecurity.
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MWA’s written testimony outlines the current cyber threat landscape for the water sector, naming an increase in frequency of cyberattacks, increasingly sophisticated attacks, and vulnerabilities within the sector. It points to existing EPA and CISA tools for water systems to identify vulnerabilities and implement best practices, as well as legislative recommendations to improve overall water system cybersecurity. "Drinking water systems represent an attractive target for cyber adversaries," Mr. Dewhirst told the committee in his prepared testimony. "A successful attack could not only threaten water quality and public health, but would also undermine public confidence in the safety and reliability of drinking water." Mr. Dewhirst highlighted the need to increase water system access to risk mitigation and incident response resources, such as through participation in the Water Information Sharing and Analysis Center (WaterISAC). He also spoke about fully funding federal grant programs to help water systems address cyber threats and exploring new industry-led oversight models to encourage water systems to adopt cybersecurity practices based on utility size. During the hearing, Senator Markey (D-MA) and Senator Lisa Blunt Rochester (D-DE) highlighted the Water Intelligence, Security, and Cyber Threat Protection Act (S. 1118) and the Water Infrastructure Resilience and Sustainability Act (S. 3590) as avenues to bolster cybersecurity for water systems. AMWA worked with Senators Markey and Blunt Rochester, respectively, to develop each bill, and in the leadup to the hearing, AMWA joined other water sector groups in writing to congressional leaders to outline broad support for these and other proposals that are intended to help water systems increase their cybersecurity preparedness.
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In the coming months AMWA will continue to advocate for passage of these proposals, and will offer to work with lawmakers to develop or refine additional ideas to increase cybersecurity in the water sector. AMWA encourages members to visit the association’s Legislative Action Center to message their Representatives and Senators in support of these and other legislative priorities. n
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CFP®, MSFS Wealth Management Advisor 518-281-8200 pat.dicerbo@nm.com www.patdicerbo.com
07-1012 ©06-2023 The Northwestern Mutual Life Insurance Company (NM), Milwaukee, WI.
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UCANE’S Employee Safety Manuals UCANE’s Employee Safety Manuals Your Company Must Have a Comprehensive Safety Program! This year’s Safety Manual includes information on: • Updated DOL Drug Testing Information and Updated CDL Information • Massachusetts Safety Standards - COVID-19 • OSHA’s Final Rule on Silica Exposure Limits • OSHA’s Final Rule on Improved Tracking of Workplace Injuries and Illnesses • OSHA’s Final Rule on Confined Space in Construction • OSHA’s New Requirements for Reporting Severe Injuries
EMPLOYEE SAFETY EMPLOYEE MANUAL SAFETY MANUAL
Promote a Safe Working Environment
It should be your company’s policy to provide a safe place to work, with the prevention of accidents being your ultimate goal. Your Insurance/Bonding carrier requires a Safety Program. State and Federal Agencies require a Safety Program.
OSHA Inspectors Will Be Enforcing:
• Overall Construction Safety (29 CFR 1926) • Excavating Standards • Written Safety and Health Plans
• Hazard Communications Programs • Drug Free Workplace • OSHA 10-Hour Training Requirements
Examine the UCANE Pocket Directory
When ordering Company Safety Manuals, the Safety Manual section only, in the back of UCANE’s Pocket Directory, will be made up into an individual Employee Pocket Safety Manual with Your Company Name and Logo printed on the cover. Employee signature cards verifying compliance with safety manual procedures are included. When signed, these cards should be placed in each employee’s file.
-----------------------------------------------------------------------------------------------------Employee Pocket Safety Manual Order Form
Company Name:___________________________________ Authorized By:________________________ Pocket Manuals w/Signature Cards: Qty.:____________ x $4.75 Ea. = $_________________________ 65.00 Printing and Set Up Charge for Personalized Covers: $_________________________ TBD Postage and Handling: $_________________________ Date:________________ Total: $_________________________ Company Logo enclosed
Company Logo to be mailed
My check is enclosed
Employee Pocket Safety Manuals are available to UCANE members only. Utility Contractors' Association of New England, Inc. • 300 Congress Street, Suite 101 • Quincy, MA 02169
Michelle L. Norton, AAI, CRIS
Senior Vice President, Account Executive – Construction HUB International New England, LLC
A Slowly Stabilizing Insurance Market for the Water and Sewer Industry Now as we’re into 2026, the insurance market is stabilizing after several years of aggressive rate increases, but that stabilization is not uniform across all contractor classes. Underground utility contractors remain one of the most closely evaluated segments in the construction industry because insurers view this work as severitydriven rather than frequency-driven. In practical terms, that means carriers are less concerned about how often claims occur and more concerned about how large they can become when they do occur.
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ost well-run contractors with strong loss histories should expect renewals that are relatively flat or modestly improved. However, contractors with recent claims, large infrastructure projects, or significant fleet exposure should still anticipate targeted pricing increases, particularly in Auto Liability, Umbrella Liability, and Environmental coverage lines. Historically, specialty construction trades lag broader market improvements by roughly one to two years, which means water and sewer contractors will not experience pricing relief as quickly as lower-hazard industries. With a softening market though comes increased underwriting capacity, which allows for greater negotiating power for insurance brokers. Underwriters are willing to compete for well-performing contractors, but they remain disciplined and selective. Excavation and trenching operations carry collapse potential, underground utility strikes can trigger multi-party liability claims, and roadway projects expose crews to traffic-related injury risk. Environmental exposures add another layer of severity potential because groundwater contamination or sewage discharge claims can require long remediation timelines and regulatory oversight. These factors combine to create loss volatility, which insurers view as more predictive of future losses than simple claim counts.
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Regional Factors Operating in Massachusetts and the broader New England region introduces additional underwriting considerations that insurers explicitly factor into pricing and coverage decisions, like older infrastructure systems, dense urban environments, higher regulatory enforcement, and weather-related soil instability. Workplace safety data shows construction consistently ranks as the highest risk industry sector in the state. Recent state injury reports document tens of thousands of workplace injury and illness continued on page 68
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Insurance continued from page 67 cases annually, with a substantial portion involving lost workdays, which is a key severity indicator for Workers’ Compensation carriers. Data from the U.S. Bureau of Labor Statistics indicates construction nationally accounts for roughly one-fifth of all workplace fatalities despite representing a much smaller share of total employment. Excavation work is particularly scrutinized. According to the Occupational Safety and Health Administration (OSHA), trench collapses are several times more likely to be fatal than other construction incidents, and soil failure can occur in seconds. This statistical reality is one of the primary reasons excavation contractors often see higher Liability and Umbrella premiums than other trades.
Roadway Exposure and Transportation Risk Underground utility contractors frequently perform work in or near active roadways, which introduces one of the most severe loss drivers in construction. National work-zone safety studies show that dozens to more than one hundred worker fatalities occur each year at road construction sites, and most involve vehicles. Transportation incidents are the leading cause of workplace deaths across all in-
dustries, and they represent a disproportionate share of severe claims for utility contractors. For insurers, roadway exposure directly affects three major lines simultaneously: Commercial Auto, Workers’ Compensation, and General Liability. Claims involving vehicles also tend to involve multiple parties, which increases litigation potential and drives up settlement values. As such Commercial Auto pricing will continue to trend in the +5-12%, with greater increases for urban contractors.
Workers’ Compensation Severity Trends Workers’ Compensation pricing for underground contractors is influenced more by claim severity than claim frequency. Construction claims are significantly more expensive on average than claims from most other industries, and utility contractors frequently exceed construction averages because injuries often involve heavy equipment, crush trauma, or confined spaces. Massachusetts data shows thousands of construction Workers’ Compensation claims are filed annually, with average claim costs that can reach tens of thousands of dollars. While MA performs slightly better than national averages on frequency, severe cases involving permanent disability or multiple incontinued on page 69
Build on what matters most. HUB’s dedicated insurance and risk management specialists will work to help you build on your success and protect what matters most.
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Business insurance and Risk Services Employee Benefits Personal insurance Retirement and Private Wealth Management
HUB International New England Michele L. Norton, AAI, CRIS (978) 761-5488 michele.norton@hubinternational.com
hubinternational.com/construction
Risk & Insurance | Employee Benefits | Retirement & Private Wealth
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Insurance continued from page 68 juries can exceed six-figure values. Insurers price policies with this severity potential in mind, which is why experience modification factors and loss history remain among the strongest predictors of premium levels. MA Workers’ Compensation rates continue to rank below the national average, with several consecutive years of rate reduction, while other New England states like CT and RI rank in the top 10 highest for countrywide index rates. Despite pushback in recent years, expect this to be the trend for the foreseeable future.
Liability Claim Severity and Litigation Trends Across the United States, liability verdict values have increased dramatically over the past decade. Large jury awards, sometimes referred to as nuclear verdicts, have risen several hundred percent in frequency, and median construction-related verdict values have doubled in many jurisdictions. For underground contractors, who have seen a boom in federal and state infrastructure spending, the most severe claims typically arise from gas line strikes, structural damage to adjacent property, roadway accidents, or flooding incidents tied to excavation work. Umbrella and Excess Liability insurers are particularly sensi-
tive to these trends because their coverage applies once primary policy limits are exhausted. Global reinsurers set the ceiling for capacity and pricing and are the primary influence on this segment of the market. Even contractors with clean loss histories should expect to see Excess pricing increases of +10-20% simply because of industry-wide severity trends.
Equipment and Property Exposure Heavy equipment losses represent another area of concern for insurers. Replacement values for excavation equipment, vacuum trucks, and drilling machinery commonly range from hundreds of thousands of dollars to well over three-quarters of a million dollars per unit. When losses occur due to theft, fire, overturn, or weather damage, they are rarely small. Increasing equipment values combined with rising repair costs have led many insurers to adjust deductibles or require tighter losscontrol measures.
Environmental Liability Considerations Environmental exposure is one of the defining characteristics of water and sewer contractor risk. New England represents one of the most infrastructure-focused regions in the United States. Federal continued on page 70
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Insurance continued from page 69 and state funding initiatives continue to direct billions toward drinking water, wastewater, and stormwater upgrades, particularly projects addressing PFAS contamination, climate resiliency, and aging municipal systems. Massachusetts alone has delivered $9.6B in water infrastructure financing, with prioritization for projects that combine environmental compliance with system modernization. Claims involving contamination or discharge events often cost several times more than standard liability claims because cleanup costs, testing requirements, and regulatory involvement extend claim duration and increase total loss amounts. Insurers therefore maintain firm pricing and stricter underwriting standards for Pollution coverage compared with most other lines and, with the characteristics unique to New England, pricing is stable, flat to +7% but, on the upper half of the national average.
An Overall Outlook From a practical standpoint, most contractors should expect General Liability pricing to remain stable or improve slightly if their loss experience is favorable. Umbrella and Excess Liability pricing will likely con-
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tinue to increase modestly due to ongoing severity concerns. Commercial Auto will remain the most challenging line because loss ratios across the industry continue to exceed profitability thresholds. Workers’ Compensation in Massachusetts is currently stable due to regulatory rate conditions, though long-term upward pressure may emerge if claim severity trends continue. Equipment and environmental coverage are expected to remain firm because of largeloss volatility. Among these factors, prior severity losses and auto claims carry the greatest weight in pricing decisions. In the short term, the insurance market for underground contractors should remain stable with selective increases. Over the next several years, casualty lines may tighten again if litigation severity continues rising. Long term, there’s reason for optimism. The contractors best positioned for favorable insurance outcomes will be those who continue to invest in their people and measurable risk controls, maintain disciplined documentation, and actively manage their loss profiles. n
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2026 Scholarship Applications Available Now UCANE to Award Twelve $3,000 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 2026 OR a current full-time college student who has not previously received a UCANE scholarship.
•
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.
HOW WILL THE APPLICATION BE JUDGED? Twelve scholarships will be awarded. Two of the 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 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
WHAT MUST ACCOMPANY THE APPLICATION? 1. 2. 3.
A transcript of high school or college grades through the latest period prior to April 12, 2026. A letter of recommendation from the principal or faculty advisor/academic advisor. A letter of recommendation from a community member familiar with the applicant’s ability and character.
DEADLINE: Applications and letters of recommendation must be received by UCANE via email at bward@ucane.com no later than 11:59 PM on Sunday, April 12, 2026. If you have any questions regarding the completion of the application, please contact Brandon Ward at bward@ucane.com or (508) 314-2449. Utility Contractors’ Association of New England, Inc. 300 Congress Street • Suite 101 • Quincy, MA 02169 Tel: 617.471.9955
MARCH, 2026
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Advertisers’ Index 21st Century Concrete, Inc.................................................................... 72 Acrisure..................................................................................................... 17 ATS Equipment, Inc. .............................................................................. 28 Badger Daylighting................................................................................... 8 The Baldwin Group................................................................................. 51 Benevento Companies............................................................................ 37 Blue Collar Customs............................................................................... 44 Boro Sand & Stone Corp.......................................................................... 7 Dennis K. Burke, Inc............................................................................... 40 Concrete Systems, Inc....................................................Inside Back Cvr. Core & Main............................................................................................... 2 Cumberland Quarry Corp..................................................................... 35 Dagle Electrical Construction Corp...................................................... 4 Darmody, Merlino & Co., LLP.............................................................. 41 Dedham Recycled Gravel....................................................................... 50 Dig Safe System, Inc................................................................................ 11 The Driscoll Agency................................................................................ 25 Eastpoint Lasers, LLC............................................................................. 51 T. L. Edwards, Inc.................................................................................... 29 Genalco, Inc.............................................................................................. 64 Granite City Electric............................................................................... 14 L. Guerini Group, Inc............................................................................. 19 Henniker Directional Drilling, LLC.................................................... 13 Hinckley Allen LLP................................................................................. 10 John Hoadley & Sons, Inc...................................................................... 53 HUB International New England......................................................... 68 JESCO........................................................................................................ 26 P. J. Keating Company............................................................................ 32 P. A. Landers, Inc..................................................................................... 42 Lawrence-Lynch Corp............................................................................ 69 Lorusso Corp............................................................................................ 22 Lorusso Heavy Equipment, LLC........................................................... 58 McGovern Ford of Framingham.......................................................... 46 Mersino Dewatering............................................................................... 54 Midwest Mole............................................................................................. 7 Milton CAT..............................................................................Back Cover Milton Rents............................................................................................. 57 Monroe Tractor........................................................................................ 33 National Trench Safety........................................................................... 30 Norfolk Power Equipment, Inc............................................................. 62 North American Crane & Rigging LLC.............................................. 38 North East Shoring Equipment, LLC................................................... 52 Northwestern Mutual............................................................................. 65 Ocean State Oil........................................................................................ 70 Pacella Recycled Gravel.......................................................................... 49 Pawtucket Hot Mix Asphalt.................................................................. 64 Podgurski Corp........................................................................................ 12 E. J. Prescott, Inc................................................................ Ins. Front Cvr. Rain For Rent-New England.................................................................. 48 Read Custom Soils................................................................................... 13 Scituate Concrete Products Corp......................................................... 16 Scrap It, Inc............................................................................................... 56 Shea Concrete Products, Inc. ................................................................ 24 SITECH New England.............................................................................. 6 Starkweather & Shepley Ins. Brokerage, Inc....................................... 36 Sunbelt Rentals........................................................................................ 26 Taylor Oil Northeast............................................................................... 45 Tonry Insurance Group, Inc.................................................................. 40 Trimble........................................................................................................ 9 United Concrete Products..................................................................... 31 Vortex Services......................................................................................... 18 F. W. Webb................................................................................................ 60 Webster Printing..................................................................................... 62 C. N. Wood Co., Inc. .............................................................................. 20 World Insurance Associates LLC......................................................... 62 Tim Zanelli Excavating.......................................................................... 15
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Concrete Systems, Inc.: Manholes & Catch Basins, Box Culverts, Utility Structures, Special Box Structures, Containment Vaults, Fire Cisterns, CSI Arc-Span™ Bridges, Rigid Bridge ™ Systems, Bridge Deck Slabs, Permanent & Temporary Median Barrier, Uwall™ Retaining Wall Systems, Stablewall™ Retaining Wall, Headwalls & Wingwalls. Clampcrete Construction Systems: TL-4 Anchored Barrier for Roadway Structures. Tunnel Systems: Precision Segmental Tunnel Lining Rings. Cleco Manufacturing: Precision Fabricated Forms & Forming Systems, Complete Plant Design, Batch Plant Computer Automation, Countercurrent Mixers & Concrete Delivery Systems.
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