Utility & Transportation Contractor October 2021

Utility & Transportation

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UTCA 2021 Annual Convention

october 2021

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C&HAGENCY

THE 2021 UTCA AwARD RECIPIENTS TINO GARCIA ROBERT A. BRIANT, SR. AWARD

PETE HUTCHINSON LARRY GARDNER AWARD

JIM REID

NJ CONSTRUCTION INDUSTRY HALL OF FAME INDUCTEE WITH SPECIAL THANKS TO

AND CONGRATULATIONS TO

DAVE SMITH

RAILROAD CONSTRUCTION

FOR HIS DEDICATION DURING HIS UTCA PRESIDENCY

95

FOR CELEBRATING YEARS IN CONSTRUCTION!

Exclusively Serving Contractors' Insurance & Bonding Needs for Over 50 Years 783 North Riverview Drive· Totowa, New Jersey 07512 P.O. Box 324 • Totowa, New Jersey 07511 PHONE 973.890.0900 • FAX 973.890.9038 • E-MAIL: info@chagency.com

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C&HAGENCY

ROLY ACOSTA ON His INDUCTION As THE NEW UTCA PRESIDENT BEST WISHES FOR A SUCCESSFUL YEAR! -YOUR FRIENDS AT

C&H AGENCY-

Exclusively Serving Contractors' Insurance & Bonding Needs for Over 50 Years 783 North Riverview Drive• Totowa, New Jersey 07512 P.O. Box 324• Totowa, New Jersey 07511 PHONE 973.890.0900 • FAX 973.890.9038 • E-MAIL: info@chagency.com

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COMPANIES

Congratulations!

Tino Garcia

2021 Robert A. Briant, Sr. Award Recipient

Pete Hutchinson

2021 Larry Gardner Award Recipient

Roly Acosta

UTCA President 2021-2022

Jim Reid

2021 NJ Construction Industry Hall of Fame Inductee

Railroad Construction

Celebrating 95 Years in Construction

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CONTENTS

Cover story 50 UTCA's 2021 annual Convention

50

DEPARTMENTS 4 7 15 25 35 47 69

President’s Message Financial Overview

FEATURES 62 railroad construction Company completes 95 years in construction

Legal Dig Accounting Corner

NEWS

Legislative News

91 open enrollment challenges for small to

labor relations

mid-sized companies

the pipeline

Published Bimonthly During 2021

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

Publisher: Robert A. Briant, Jr. Editor: Helene Nasdeo Editorial Contributors: Dan Kennedy, Zoe Baldwin, Dan Neville Advertising Manager: Helene Nasdeo Production/Graphics: Lauren Hagan, Helene Nasdeo Circulation: Helene Nasdeo Printed By: American Plus Printers $I¿OLDWLRQV ARTBA, Clean Water Construction Coalition, Water Infrastructure Network UTILITY AND TRANSPORTATION CONTRACTOR (ISSN 0192-4843) is published six times a year by the Utility and Transportation Contractors Association of New Jersey, 1670 Highway 34 North, )DUPLQJGDOH 1- 3HULRGLFDO SRVWDJH SDLG DW )DUPLQJGDOH 1- DQG DGGLWLRQDO PDLOLQJ RI¿FHV POSTMASTER: Send address changes to UTILITY AND TRANSPORTATION CONTRACTOR, PO Box 728, Allenwood, NJ 08720.

Utility & Transportation Contractor | october | 2021 3

president’s message

From the desk of: Roly Acosta “You merely look after it for the next generation.”

This tagline is the central message of an advertising campaign for a Swiss watch company. It describes the emotionally strong connection to a watch that you preserve for the long haul. An heirloom with a rich history that will make an impact for generations.

In our story together, the UTCA and the Construction Industry is a dual timepiece and I am its latest caretaker, “looking after it” in the coming year.

As President, I welcome the responsibility of working with the Board, our members, the staff, and all stakeholders to help lead the UTCA and the Construction Industry in these challenging times. We are committed to continuing the hard work and effort of those legends, titans, leaders, and go-getters who “looked after it” for the next generation. The names of Construction Industry Hall of Famers Anselmi, Binder (x2), Brawer, Briant, Caruso, Conti, Creamer (x2), Cruz (x2), D’Annunzio, Earle, Foley, Gardner, Grosso, Gutierrez, Hamilton, Harms, Ligouri, Renda, Sambol, Stavola, and Yacuzzio echo in our Board meetings and the trenches, streets, highways, bridges, tunnels, waterways, rail stations, and plants that are our work space.

I also take pride in following the footsteps of my dad that “looked after it” from 1982 to 2014 as a Board Member and President. Juan and I will be the second Gen2 Presidents—a tradition started by Joseph and Michael D’Annunzio that continues with our current Board Member Chris D’Annunzio. This work of “looking after it” is fulfill-

4 Utility & Transportation Contractor | OCTOBER | 2021

ing when Gen2, Gen3, and Gen-more members contribute to the Association and Industry. These future leaders are constructing their path towards “looking after it.” Their names will be acknowledged and respected by the next generation.

We choose to “look after it” for the next generation because the UTCA and the Construction Industry provides support in more ways than I can highlight in my first message to you: • Entrepreneurism and the American Dream: Our industry supports the dreamers and risk takers that are full of optimism, resiliency, and grit. Leaders with faith that we will prevail.

• Job Security: “Essential Workers” status during a global pandemic.

• Rewarding Work: Our industry provides for families through our hard working people—tradespersons, managers, administrators, salespersons, and executives.

Work ethic is recognized and rewarded.

• Contributing to our Community: Our industry builds the roads we travel, the facilities that deliver our drinking water, the infrastructure that protects our environment, the plants that generate our power, and the buildings that educate our children and heal the sick.

• A Meaningful Legacy: Long after we leave this beautiful life, our projects stand as our contribution to a better world.

We start the Plan with Guiding Principles: Preparedness Inclusiveness Integrity & Teamwork Leadership Problem Solver We manage the Plan with Strategic Goals: Grow the State and Regional Infrastructure Construction Market Support and Accelerate the Work

In the spirit of “looking after it,” I want to congratulate the 2020 and 2021 award recipients. Your commitment to the UTCA and the Construction Industry is greatly appreciated.

president’s message

A keystone in our effort to “look after it” is the UTCA Five-Year Strategic Plan. A plan that ensures the legacy of success for the Association developed in coordination with our membership. A roadmap for the Association to grow New Jersey and the region’s infrastructure like never before. The Plan is a heavy lift, but I have confidence in our ability to work aggressively every day to meet our objectives.

• Larry Gardner Memorial Award: Hank Dobbelaar and Pete Hutchinson (Gen2) • Robert A. Briant, Sr. Memorial Award: Jim Coddington and Tino Garcia • NJ Construction Industry Hall of Fame: Ed Nyland and Jim Reid In closing, I want to acknowledge Dave Smith for “looking after it” the last two years. His leadership during these unprecedented times was outstanding. His friendship and support in preparing for my role as President has been invaluable and serves as a reminder that, in a years’ time, I will hand this watch to Glenn Ely and support him as he “looks after it.”

I look forward to working with you all and appreciate your past and continuing support for the Association.

Develop the Workforce of the Future Expand UTCA’s Voice and Value Strengthen Collaboration with Fellow Associations and Industry Partners Strengthen the Organization We accomplish the Plan with our stated Vision that starts with “The UTCA creates a positive impact on New Jersey citizens…” and our stated Mission that ends with “…drive investment in New Jersey infrastructure for future generations.” We are Constructing a Better New Jersey together!

Graciously in your service,

Roly

Utility & Transportation Contractor | october | 2021 5

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ob Marley’s words are as reassuring today as they were when he sang them some four decades ago. There’s no question that we’re living in uncertain times, with upheaval in the economy and political spheres causing disruption to the daily lives of businesses and individuals, and technological innovation advancing faster than we can harness or regulate.

While it seems like everything is spinning out of control, let this song settle your nerves and realize – we have been here before and come out alright in the end.

The economy is currently in flux, with labor shortages, interest rates and inflation behaving in unprecedented ways. Despite employers trying diligently to hire workers, labor shortages persist, causing shipping delays, customer service disruptions and more.

Further complicating the situation, interest rates remain at alltime lows, resulting in businesses continuing to shun borrowing money and leaving cash reserves are at all-time highs. Low interest rates are also impacting individuals, partly supporting a surge in home prices, hurting first-time home buyers and limiting sellers’ selections of replacement dwellings. On top of that, inflation, though said to be in check by experts, is prevalent everywhere.

Consumers and businesses alike are seeing rising prices at grocery stores, gas stations, lumber yards and clothing outlets. Left unchecked, inflationary prices will cause interest rates to increase, damaging the chances of sustainable economic recovery.

While politicians from both parties have tried to support this economic recovery, as long as politics remain fiercely partisan, it will cause more harm than good. Partisan government is both costly and ineffective. Elected officials, whether local, state or federal continue to lock horns based largely on party lines – of-

ten to the detriment of what is actually good for the American people. Their lack of progress can be seen in crumbling infrastructure, risking of lives both domestically and overseas, and uncontrolled spending. While most agree that there is a duty to help those in need, its currently coming at great expense, and what we really need is an appropriately-governed, well-managed capitalist system.

One area that is arguably taking a huge hit due to political head-butting is the security of the country’s infrastructure. Cyber-crime is increasing and constantly changing, driving a need to invest in technology – particularly where the security of our utilities and energy sources are concerned. While the push to go “green” through innovation, is laudable in many respects, it must be weighed against the potential risk to grid security and adverse economic impact, as well as the logistical and planning complexities these initiatives entail.

Financial overview

everything's gonna be alright. . . a banker's view

On the bright side….

Despite these challenges, unemployment is continuing its downward trend. Although government subsidies have impacted employers’ ability to attract workers, these benefits are expected to expire shortly, drawing potential employees back into the workforce, further lowering the unemployment rate and ultimately helping businesses grow. While low interest rates may create issues, they have held their low and relatively steady position since 2008, resulting in two generations of workers who have never experienced double digit interest rates, and an economy that can, and has, operated successfully at such levels for over a decade.

As for residential real estate, the laws of supply and demand will eventually balance the market, as we have seen time and again over the past five decades.

We’re also starting to see some relief from partisan gridlock with the near-completion of the infrastructure spending bill, as politicians from both sides of the aisle have joined forces to meet the growing need to improve highways, bridges, airports, and communication facilities. The bill also includes measures to bolster internet technology benefitting businesses and consumers. We can also take some comfort in the fact that political in-fighting is not new – it began with the creation of our country. Disagreement is good, and so is agreeing to disagree, without harboring ill-will – in the case of American politics, healthy disagreement has led to the best economy and living conditions in the world.

Utility & Transportation Contractor | october | 2021 7

Financial overview

Investing in advancements like the infrastructure bill and technology, albeit considerable sums of money, will provide the country with needed progress and protection. It creates jobs, starts new industries, and provides sustainable economic benefits – think Ford, IBM, and Pfizer. While no technology is perfect, particularly in the early stages, sometimes the long-term benefits outweigh the momentary inconveniences. In the case of renewable energy, right now, it is hard to envision waiting an hour for your car battery to charge on a road trip, but one cannot dispute that the long term improvements to air quality will be worth the time.

Costs for renewable energy sources are coming down and technology improving. We can expect to see innovation continue to drive that trend.

No one can dispute that we are living in challenging times, but we have faced them before. The 19th century economy was in a constant state of flux and our nation split, then was ultimately mended. The 20th century brought two world wars as well as a worldwide depression, and yet, our country persevered. More recently, the financial crisis brought many to their knees, but we saw recovery and continue to build forward momentum. Americans have overcome the hardships created by these events through hard-work and dedication to one another. As Jerry Garcia said, ‘we will survive.’

Congratulations to Tino Garcia and Pete Hutchinson on being the recipients of the Robert A. Briant, Sr. and Larry Gardner awards, Jim Reid on being inducted into the Construction Industry Hall of Fame and Roly Acosta on being named the UTCA President for 2021-2022. Also, congratulations to Railroad Construction on celebrating its 95th anniversary.

8 Utility & Transportation Contractor | OCTOBER | 2021

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CONGRATULATES 2021 UTCA Honorees:

Tino Garcia - Robert A. Briant. Sr. Award Recipient Pete Hutchinson - Larry Gardner Award Recipient Jim Reid - NJ Construction Industry Hall of Fame Inductee Roly Acosta - UTCA President 2021-2022 Railroad Construction for Celebrating 95 Years in Construction

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Celebrating 95 Years in Construction UTCA 2021 Award Recipients Tino Garcia 2021 Robert A. Briant, Sr. Award

Pete Hutchinson 2021 Larry Gardner Award

Jim Reid 2021 NJ Construction Industry Hall of Fame Induclcc

Roly Acosta UTCA President 2021 2021 ✓

Construction & Public Contracting Law Louis Cappelli, Jr., Esq. (856) 853-5530 lcappelli@floriolaw.com

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Adrienne L. Isacoff, Esq. (201) 843-5858 a isacoff@floriolaw.com

New ProYidence, Ne\,· Jersey New York, New York

the hazards of doing business with county improvement authorities

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ast year, the Association participated as amicus curiae in a matter involving the Mercer County Improvement Authority. The Association argued that the contractor should be entitled to enforce a municipal mechanic’s lien against the MCIA. The Appellate Division upheld the decision of the trial court which held that Improvement Authorities are exempt from the Municipal Mechanic’s Lien Law, N.J.S.A. 2A:44-125 (MMLL).

The ruling centers on the law that provides that an improvement authority “shall not be deemed to be a county or municipality or agency or component of a municipality for the purpose of any other law.” Because of that definition, the MMLL does not cover improvement authorities. The result is, as the Association argued in court, that when a contractor (or subcontractor) performs work for an improvement authority it will not have the protection of filing a municipal lien. The court opined that contractors can still sue the entity that they had a contract with, so they are not left without a legal remedy. Nevertheless, an important tool safeguarding contractor’s entitlement to payment is not available when working on an improvement authority project.

Another potential risk of doing work with county improvement authorities involves their clever end-run around the requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. (“LPCL,”). Under the LPCL, construction projects must be awarded to the lowest responsible bidder with no opportunity to negotiate terms or pricing. Because public owners often prefer to be able to negotiate in the manner of private owners and the School Development Authority, which uses the design-build method of awarding projects, some county improvement authorities have utilized the Local Redevelopment Housing Law, (“LRHL”) to negotiate public construction projects with private construction contractors, called “redevelopers.” This legal maneuver was upheld by several Law Division judges. See, e.g., Vineland Constr. Co., v. Twp. of Pennsauken (App. Div. 2007) (holding “the LRHL does not set forth any criteria governing the selection of a private redeveloper”).

Pursuant to the LRHL, a municipality may implement a redevelopment project directly, or it may authorize another public body to act as the “redevelopment entity.” N.J.S.A. 40A:12A-4(c); see also N.J.S.A. 40A:12A-3 (defining “redevelopment entity” as “an entity authorized by the governing body of a municipality pursuant to implement redevelopment plans and carry out redevelopment projects”). A county improvement authority organized

pursuant to the County Improvement Authorities Law, N.J.S.A. 40:37A-44, et seq., (the CIAL), may serve as a designated redevelopment entity pursuant to the LRHL. Significantly, a redevelopment entity may “lease or convey property or improvements to any other party ... without public bidding and at such prices and upon such terms as it deems reasonable ... notwithstanding the provisions of any law, rule or regulation to the contrary.” N.J.S.A. 40A:12A-8(g). However, the LRHL also provides that “[e]ach redevelopment agency and housing authority shall be subject to the provisions ... of the Local Public Contracts Law ” N.J.S.A. 40A:12A-23.

Legal Dig

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

The CIAL also grants county improvement authorities broad powers “[f]or purposes of the redevelopment of blighted ... areas.” N.J.S.A. 40:37A-55.1. However, those redevelopment powers remain subject to the LPCL. N.J.S.A. 40:37A-55(t), a point that the improvement authorities sometimes choose to ignore.

The interplay of these three statutory schemes – the LPCL, the LRHL and the CIAL – were the subject of a recent case that successfully challenged the position of improvement authorities that they were not subject to public bidding requirements if redevelopment entities carried out certain improvement projects.

Dobco Decision In Dobco, Inc. v. Bergen Cty. Improvement Auth., No. A-220120, 2021 WL 2832890 (N.J. Super. Ct. App. Div. July 8, 2021), the Bergen County Improvement Authority issued a request for qualifications (RFQ) which designated the general contractor for the project as the “redeveloper,” and said the BCIA would contract with the general contractor to provide goods and services for the rehabilitation of the Courthouse. The redeveloper would be paid with public funds the BCIA obtained through the issuance and sale of bonds guaranteed by the County.

The City of Hackensack had designated the BCIA as the “redevelopment entity” for the courthouse project. The BCIA and the County of Bergen contended that the BCIA may choose a “redeveloper” through a process that does not require public bidding, by first soliciting responses to RFQs, winnowing those responses, and then soliciting responses to requests for proposals from those on the short list. Dobco, which was not selected for the project, and its principal brought actions against the BCIA

Utility & Transportation Contractor | october | 2021 15

Legal Dig

alleging that the process by which the improvement authority selected the general contractor violated the LPCL. In rejecting the improvement authority’s position, the Appellate Division noted that: [i]n this case, the BCIA issued an RFQ which designated the general contractor for the project as the “redeveloper,” and said the BCIA would contract with the general contractor to provide goods and services for the rehabilitation of the Courthouse. The redeveloper would be paid with public funds the BCIA obtained through the issuance and sale of bonds guaranteed by the County. In other words, unlike most redevelopment agreements, here, the “redeveloper” would be paid with public funds to provide goods and services to the BCIA that are typically subject to public bidding, but with no public bidding.

Id. at *2.

The court found this result inimical to the public policy interests advanced by the LPCL. Specifically, the Appellate Division found that the CIAL does not exempt county improvement authorities from complying with the LPCL when procuring goods and services simply because they are acting pursuant to redevelopment powers granted by the Legislature. Id. at *11. Further, the court held that “[n]othing in our caselaw suggests that by giving county improvement authorities the power to contract with redevelopers, the Legislature intended to allow a public agency to use public funds to pay a general contractor without complying with the LPCL simply by denominating the contractor as a ‘redeveloper’”. Id. Conclusion The Dobco decision robs improvement authorities of using the redevelopment designation to avoid the requirements of the LPCL. Of course, the expansion of design-build contracting for certain public projects provides another way to avoid the strictures of public bidding.

Adrienne L. Isacoff, Esq., serves of counsel to the firm Florio, Perrucci, Steinhardt, Cappelli, Tipton & Taylor, LLC. She also serves as arbitrator and mediator for the American Arbitration Association and by private engagement. She may be contacted at aisacoff@floriolaw.com

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Congratulations to Tino Garcia, recipient of the Robert A. Briant, Sr. Award Pete Hutchinson, recipient of the Larry Gardner Award Jim Reid, NJ Construction Industry Hall of Fame Inductee Roly Acosta, UTCA President 2021-2022 Congratulations to Railroad Construction on 95 Years in Construction '

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the great employee shortage and how to fix it By: sal schibell, CPA, CFP, MS taxation, mba, cgma, lawson, rescinio, schibell & associates, p.c.

As of this writing, the spending and related tax bills are still being debated in Congress, the stock market is achieving new heights, product shortages persist, inflation is increasing – although transitory per Federal Reserve opinion – and businesses are facing a huge labor shortage.

Labor shortages in the construction industry have pushed companies to look at Open Book management to engage employees in making money and gaining a better understanding the goals of the company.

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I could continue to speculate about the future of our taxes and the impact on business, but for now, that's all it is - speculation – so I will leave that to the academics who spend their time study-

ing the economy and move onto more pressing matters. The key question we all are facing right now is retention – not only how can we hire employees to fill gaps in the workforce, but also, how can we prevent the ones we already have from jumping ship?

Current Employee Trends One broadly unexpected phenomenon is the global exodus of talent across organizations of all sizes. The pandemic led to an unprecedented shift in rethinking work-life balance, providing new possibilities for freelancers working from home, along with an influx of remote jobs through businesses making the leap to fully allow employees to work from home. While the onus is on companies to shape the work dynamics around retaining talent, the majority have suffered losses of even long-time employees, as individuals seek out different work environments.

The total cost of employee turnover for businesses is high, even by conservative estimates, and it takes a toll on company profits and organizational performance. Now, more than ever, employers are at risk of increased turnover costs, as employees currently hold a tremendous amount of power in job market. While it is inevitable that everyone will suffer losses in this kind of market, it is critical that companies take this time to re-examine why they are losing employees and work to make the organizational shifts necessary to stem the tide, else risk compromising growth and profit.

Accounting Corner

A

s I begin writing this article, the current uncertain environment faced by businesses and employees weighs heavily on my mind. We have an unsettled foreign political and economic situation brewing, as well as upheaval in domestic matters. Congress is pushing forward with passing a three trillion dollar spending bill that will significantly effect our domestic economy and our businesses. There are massive possible tax implications associated with the Reconciliation Bill – including doubled capital gains rates, an increase in C corporate tax rates to 27%, from 21%, and minimum tax increases for both corporations and foreign operations that are likely to cause companies to move out of the United States for their primary business operations. In addition, if this passes, higher individual tax rates will be at the top marginal bracket. Higher tax rates increase the cost of doing business, increasing the price of products and services for consumers, resulting in even more inflation than we are already experiencing.

If you take a hard look at why employees are leaving your organization, it becomes obvious – the signs of discontent are all there, and they are ignored. This begins a dangerous cycle, where workplaces suffer from unnecessary turnover, creating unfilled positions, lost customers, overworked staff, and compromised profit. Employee morale begins to suffer, clever and empty perks offered as a BandAid continue to fail, and employee engagement scores don’t identify the real issues. You've heard it too many times: "I've got to update my resume," "I can't work for that jerk anymore," "I'm sick of having that carrot dangling in my face," "This is a dead-end job. I'm out."

So what can you, as an employer, do to fix this? Remember, everything in is effected by supply and demand.

As employee supply is limited and demand for workers increases, workers have and will continue to have choices – and to re-

Utility & Transportation Contractor | october | 2021 25

Accounting Corner

main in control. Like it or not, this seems to be a trend that is going to continue for quite some time, but the causes are not some great mystery; it's simple demographic science. As the labor force growth slows, workers will further gain control – while they are in high demand and short supply, workers will no longer be hoping to get a job just for the sake of having one, but are able to make decisions about where they want to work based on culture, compensation and any number of other factors. The workplace is not ready.

Instead of slapping surveys and empty perks on the leak just hoping it will eventually slow down, you need to take real, concrete action to shore up your workforce for the coming years.

Here’s the deal, Employer: There are plenty of people out there to do all the work that needs to be done; they could be working for you, but instead they're working somewhere else. The secret to attracting and keeping them is right in front of you. You need to truly listen, understand, and act on what what your employees are willing to tell you. Because, bottom line – companies CAN and MUST become better employers to retain and engage employees.

standard job descriptions and outdated policies are what stand in the way of allowing them to contribute at a level that would bring real value to the companies they work for. This can result in frustrations, and ultimately people move on to more progressive firms and industries.

Missing The Mark on Employee Engagement.

According to a talent development survey, competitive pay, enjoyable work environments, and training opportunities are the top three priorities for construction workers surveyed. Millennials in the industry listed competitive pay, work-life balance, and personal development as their top choices.

Methods for Retaining Key Talent Survey

Taking the Guesswork out of Engagement and Retention How are employers responding to this dilemma? In a recent talent development survey, 86 percent of respondents reported that companies are responding to employee issues by taking a “simple problem, simple answer” approach – like finding a hammer for nail – pumping big dollars into training programs focused on sharpening employee skills and competencies.

While training is important and has its place in employee-retention plans, if it is not offered as part of a well-designed, individualized career development program, then training is simply a way of paying attention to human "doings" rather than considering employees as human "beings. Many companies seem to want to just check off the “Training” initiative from their list and convince themselves that they are making a commitment to their people.

With millennials (individuals born between 1980 and 2000, or today’s 21 to 41 year olds) now making up 34 -50 percent of the nation's workforce – a number that will only grow in the coming years, as Generation X begins to retire – construction companies are faced with the even greater challenge of attracting and retaining a dynamic, young workforce.

These young people are looking to add value, make an impact, and find meaning in what they do. They also want to learn, improve, and advance quickly through an organization and understand available career advancement opportunities.

This is particularly relevant for companies in the construction industry, where many firms lack well-defined career tracks, comprehensive talent development programs, and effective leadership platforms. Only a tiny percentage of companies define career paths for their employees – a human capital area neglected for far too long in the construction industry.

This should be an easy win for companies – the young people in this industry are eager to contribute and participate. Frequently,

26 Utility & Transportation Contractor | OCTOBER | 2021

Given such close alignment in employee priorities, are employers missing the mark when it comes to employee engagement in the construction workforce? Offering competitive pay is important—perhaps even a prerequisite in today's tight labor market— but beyond that, companies must present strategic and compelling growth and training opportunities to their employees.

If that training isn't part of a well-planned career development program, it quickly becomes an expensive and time-consuming exercise for everyone involved.

The work environment, as a whole, must embody daily collaboration that encourages employees to connect with their colleagues, share new ideas, and offer solutions to client problems.

Senior leaders must also build and reinforce a commitment to the workforce's well-being by creating a culture of ongoing learning and feedback.

For example, millennials respond well to receiving feedback on a continuous basis. Because it enables them to understand the impact of their contributions on the organization, and course correct quickly when needed, it is a big deal to have their work noticed for hard work. Think about it – when an executive tells you they appreciate your hard work, it goes a long way.

The construction industry is well-positioned for an infusion of millennial workers. Indeed, the timing is perfect, particularly

ment is going to have a better time recruiting high-performing talent. This virtuous cycle eventually leads to higher profits and a higher company valuation.

Having new, young people focused on a common purpose, effective processes, excellent communication, and solid relationships will help engage workers of all ages and transform the industry over time. Companies need to develop and promote high-performing employees, focus on training and management performance metrics, develop a well-communicated vision, and utilize critical tools, like Open-book management to educate employees in understanding the financial tools that make the company successful. Understanding how their own work factors into the bottom line can help unify employees around the potential financial impact their work can make.

In Conclusion

Open-Book Management - A Major Tool for Unifying Your Work Force Open-book management is a way of running a company that engages employees in making money and better understanding the goals of the company. Employees learn to understand the importance of the economics of the business and how the work they do has a very real impact on the bottom line. Open-book management includes sharing the income statement and balance sheet with most employees, as well as sharing other business-critical data, and encouraging employees to use the information in their daily work. This management style can also include training employees to understand financial numbers, and communicating financial results through a gain-sharing program.

Understanding the why of the work that they’re doing helps employees creatively problem solve for inefficiencies and even helps them see possible new revenue streams in the work they are currently doing. With this mindset, employees have something to rally around - inspiring close collaboration, mentorship of junior staff members, interest in management group meetings and more. Open-book management has been called the most important management trend in the country – it gives employees the stake they need in their work to remain engaged and provides eager young professionals with the insight they need to provide creative business solutions that not only benefit their own careers, but the company as a whole.

Employee availability is going to take some time to recover in this current environment of ever-evolving COVID variants and uncertainty. While there are some aspects that are more difficult for employers to tackle, like employees not being able to get the child care to allow them to return to work, the rise of jobs that allow employees to work from home, inflation driving costs ever-higher, employees seeking higher wages to leave home, and government-funded social programs. However, employers can do better to retain their workforces. Now is the time to build new management strategies that truly value the employee, giving the company a leg up when hiring picks back up. Employers must adopt innovative ways to attract and keep quality employees, and, in my experience, open-book management is one such tool to bring innovation to your workforce – engaging your employees and clearly establishing employee loyalty to the company.

About the Author. . . Salvatore Schibell, CPA, CFP®, MS Taxation, MBA, CGMA, is the tax partner at Lawson, Rescinio, Schibell & Associates, P.C. One of his specialties is working with contractors to maximize profitability utilizing his certified global management, financial planning, and tax planning specialties. Sal has many years of experience and can be contacted at 732-539-7328.

Accounting Corner

with the new virtual design and construction tools-integrated project delivery methods requiring higher levels of collaboration among project teams.

In the current climate, open-book management can help open doors to not only employee retention, but increased company growth. Instead of the vicious cycle of low employee engagement leading to high turn over ultimately leading to low employee morale, open-book management provides a route to a virtuous cycle. This cycle starts with more engaged, motivated employees, who understand what exactly they are working for, resulting in lower supervisory costs, more individual employee accountability, and the kind of enjoyable workplace and monetary rewards that employees truly want. As a side benefit, more engaged employees are going to be better at front-line relations with customers and react faster to customer needs.

Ultimately, a workforce that is more invested in working towards the shared goal of company financial success is going to stick around longer, and a company who supports this kind of engage-

Utility & Transportation Contractor | october | 2021 27

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2021 NJ Election Ballot Governor / Lt Governor State Senator (1) Assembly (2) Local Municipality Local School Board Two Ballot Questions (See Below) 1: Allows wagering on postseason college sport competitions held in N.J. and competitions in which a N.J.-based college team participates 2: Allows organizations to use raffle money to raise money for their own organization If you have any questions regarding legislative matters or the election please contact Dave Rible @ 732-292-4300 or Dave@ utcanj.org

Legislative News

he NJ State Legislature is not in session this summer so there is not much to report. Which is good news. When the legislature does come back into session following the November 2nd election it can be a dangerous time. We will be entering a session known as “Lame Duck” which basically means there is no risk or consequences to votes from legislators since this may be their last voting session either through retirement or failed election bid. This is a time when a flurry of bills get passed that are at the specific request of legislators i.e. Pet Projects. But this is also a time when bad legislation gets put up for a vote. I can tell you firsthand from my 10 years’ experience in the legislature that Lame Duck makes for long days and nights in Trenton. It’s a time when a legislator needs to be prepared and well versed on all pending legislation. It can be a very contentious time between Democrats and Republicans. We will be watching very carefully as November gets closer and we will keep you posted. Speaking of the November 2nd election, this is a very important election for NJ. Both the Governor and Legislature are on the ballot. NJ and Virginia are the only states with a Gubernatorial election this year. So, there will be plenty of attention to these races.

Utility & Transportation Contractor | october | 2021 35

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the seven signs of prevailing wage compliance By: Jonathan Landesman, Partner, cohen seglias pallas greenhall & furman PC

I

f you are a contractor who performs a lot of public works projects in New Jersey, there is a good chance that you have been put through the wringer by the state’s Department of Labor & Workforce Development (DOL). As an employment lawyer who has represented contractors for over 20 years, I know that prevailing wage audits are about as fun as a root canal. I have seen just about every issue imaginable, from technical paperwork errors to outright fraud. Even though no two audits are exactly alike, the same issues keep popping up time and again. If you want to learn from the mistakes of others and minimize your exposure to liability in the event of an audit, read on!

2. Failing to understand when the prevailing wage law applies.

Could you have a compliance issue on a job where the project specifications say nothing about paying prevailing wages and the owner specifically tells you that it is a privately funded job? In New Jersey, the answer is “yes.” The coverage provisions of the law are far from intuitive. For example, did you know that a project is covered whether or not the work is paid from public funds if no less than 55% of the property is leased by a state or municipal entity? Likewise, even privately-funded solar projects with at least one megawatt energy production capacity may be covered.

3. Improperly defining laboring work. Can I pay the laborers’ rate for time spent moving materials, like pipe, or do I have to pay the rate for the craft that will ultimately be responsible for installing the materials? The answer is “it depends”. In most situations, unloading materials from a truck and moving them to a stockpile is considered laboring work. But, moving the materials from a truck or stockpile to the point of installation is paid at the appropriate craft rate.

5. Paying the fringes in cash. “My employees love me because I pay the entire prevailing wage package, including the fringes, in the pay envelope.” While this situation does not give rise to a compliance issue, it’s just bad business. Every dollar that is run through payroll comes with a cost, including workers compensation, unemployment compensation, payroll taxes, and general liability insurance premiums. Contractors who do a substantial amount of public works jobs know that spending money on fringe benefits is not only doing right by their employees but also puts them in a position to reduce their overall labor rate and bid competitively.

6. Disregarding the certified payroll form. Have you taken the time to read the fine print on the bottom of every certified payroll form? By signing your name, you are swearing to the State of New Jersey that everything on the form is 100% complete and accurate to the best of your knowledge and under penalty of perjury. In that respect, it is just like signing a federal income tax return. Never, ever sign a certified payroll form that contains any inaccurate information. And, if you mistakenly submit a certified payroll that contains any type of error, it is your duty to submit an amended copy that corrects the mistake.

7. Forgetting to negotiate. When conducting an audit, if the DOL finds a violation, it issues an assessment form specifying the alleged violation and demanding payment of wages, penalties, and administrative fees (10% for the first violation, 18% for the second, and 25% for the third). A contractor has 15 days to appeal an assessment form, and it is almost always a good idea to do so. In addition to negotiating lower dollar values, it may make sense to ask the DOL for a settlement agreement that includes a non-admissions clause or some other indication that the audit findings and settlement will not be counted against the contractor as a prior violation. Remember, if you don’t ask, you won’t receive.

Labor Relations

1. “7 and 1” or “6 and 2”. This is a big issue for open shop contractors. Some of them mistakenly believe that because their mechanics spend some time every day performing “laboring tasks,” like cleaning up at day’s end, they can utilize an artificial ratio like “7 and 1” and “6 and 2” and pay the laborers’ rate for one or two hours per day. Using an artificial ratio raises a huge red flag. Remember that even though open shop contractors can use “cross-crafted employees” who are paid two or more different rates on a single day, the DOL will scrutinize this issue and demand documentation supporting the different rates, such as detailed timesheets or daily logs completed by a foreman or job site superintendent.

4. Taking inappropriate credits. We all know that contractors are permitted to take credit for all different types of insurance (health, dental, vision, long and short term disability, and life).

But can a contractor get more creative and take credit for things like company-issued phones, trucks, and clothing? The answer is a definitive “no.”

If you find yourself in the midst of a DOL audit or have other

Utility & Transportation Contractor | october | 2021 47

Labor Relations

questions relating to prevailing wages on public works jobs, you shouldn’t leave things to chance. The best advice I can give any contractor is to be proactive. Before the investigator comes knocking at your door, engage an experienced attorney and have your team conduct a mock audit or self-audit. Identifying and correcting issues on your own is the best possible way to minimize your exposure to hefty penalties and administrative fees.

48 Utility & Transportation Contractor | OCTOBER | 2021

Jonathan Landesman is a partner at Cohen Seglias Pallas Greenhall & Furman PC and represents businesses in all aspects of labor and employment law. As co-chair of the firm’s Labor and Employment Group, he understands the high stakes associated with employment litigation and labor relations and counsels his clients on proactive and preventative strategies to ensure the long-term health of their businesses. Jon can be reach at jlandesman@cohenseglias. com and 267.238.4726.

Cover Story

utca's 2021 annual convention By: dan kennedy, sr. director

A

nd…we are BACK! The 2021 UTCA Convention had more than 900 attendees at a variety of events after missing a year due to the global pandemic. With a new format and a ton of energy, 300+ member firms converged at the Tropicana Casino & Resort for two days of networking and festivities.

This was our first large event since 2019 and the “Trop” provided a world class experience with its revamped rooms, convention space and upgraded food / beverage offerings.

Each year the Convention draws new attendees and long-time members, forging a stronger industry for us all. One of the main hubs of activity is of course the exhibit floor (sponsored by Kinsely’s Landfill) this year featuring 100 companies representing all of the goods and services that help keep you in the business of building.

Kicking off the Convention on Thursday was of course the annual Fall Golf Outing at the Atlantic City Country Club in Northfield. Easily selling out, more than 100 golfers turned up for a

Keynote Speaker Kevin Lacz addresses the Friday Luncheon crowd.

friendly game and lunch. Thanks to our golf sponsors, A Royal Flush, South State, JRCRUZ/City Asphalt, and everyone who participated, the Fall Outing was an absolute success and set the bar for the weekend to come. With our new format, the exhibit hall opened later that afternoon doubling as our Opening Reception with a social atmosphere that offered a great setting for connecting old and new friends. Following the Opening Reception (sponsored by JESCO/Wirtgen) with our new format was our Awards Dinner (sponsored by Foley, Inc.), celebrating award recipients from 2020 and 2021. Congratulations to the following award recipients: Jim Coddington - 2020 Robert A Briant, Sr Memorial Award Recipient Hank Dobbelaar – 2020 Larry Gardner Memorial Award Recipient Ed Nyland – 2020 NJ Construction Industry Hall of Fame Inductee Tino Garcia – 2021 Robert A Briant, Sr Memorial Award Recipient Pete Hutchinson – 2021 Larry Gardner Memorial Award Recipient Jim Reid – 2021 NJ Construction Industry Hall of Fame Inductee

Bob Briant presents Pete Hutchinson with the 2021 Larry Gardner Memorial Award.

50 Utility & Transportation Contractor | OCTOBER | 2021

Friday morning the exhibit hall re-opened with a steady flow of UTCA members engaging over coffee and pastries. The Luncheon began with a welcome from UTCA CEO Bob Briant, Jr. and outgoing President Dave Smith of Mount Construction.

Dave Smith was presented with the traditional token of appreciation for our Board Presidents, an engraved manhole cover from Campbell Foundry for his term of service which included a two-year stint due to the continued public health emergency. The industry showed its deep appreciation to Dave Smith for his willingness to lead the UTCA Board during these challenging times.

Roly Acosta of the Northeast Remsco was then inducted as our next President by Lou Cappelli of Florio, Perrucci, Steinhardt, Cappelli, Tipton & Taylor LLC. Following his induction, Roly thanked everyone for their support and presented his agenda for the upcoming year. We look forward to Roly’s Presidency as he leads the industry charge for increased funding in both the transportation and utility sectors, for a renewed focus on workforce development, and toward a better business climate for everyone in the business of building.

Roly’s speech motivated the crowd to be ready for a very successful next year and for the role to be passed to another set of capable hands.

Dave Smith, UTCA's Outgoing President addresses the crowd after his two year term as UTCA President.

Cover Story

UTCA's emotional tribute to Joe Walsh at the Friday Luncheon Program.

The program continued with a tribute to our two-term former President Joe Walsh, whose recent passing shocked the industry. Joe’s record of achievement and leadership was lauded by his good friend, CEO Bob Briant, Jr. followed by a video remembering Joe for the man and industry leader he was. His presence was felt in the room by all and although a sad reminder of how fragile life is, it was a fitting tribute to one of UTCA’s most notable leaders and advocates.

This year’s keynote address featured Kevin Lacz, decorated former US Navy SEAL; author of The Last Punisher; co-star of the blockbuster movie American Sniper..." This informative guest was thanks to our gracious sponsor, ELEC 825. The Premier Sponsor of this enjoyable luncheon was Williams, our amazing friends in energy and in the State House.

After the luncheon, the exhibit floor re-opened and among other sights, one of the more entertaining highlights of the exhibit floor is always the Money Booth, where the lucky winner gets 20 seconds to grab as much cash as possible as it swirls in the air around them. This year, cash-catchers Marc Reiss, Eric Porter and Rick Fagersten managed to snatch, clutch, and stuff a cumulative $284 out of the air and into their pockets as other attendees cheered them on. Congratulations to Marc Reiss of Creative Employee Benefits who won the Microsoft Surface Pro Bundle and Paul Silber of George Harms Construction who took home the designer watches. And with that, the exhibit floor came to a close with a grand prize drawing sponsored by Hoffman Equipment.

Congratulations to Alroy Cuaton of Pillari Bros., the lucky winner of a one-week stay in Sint Marten.

Roly Acosta, left is inducted as UTCA's New President.

Utility & Transportation Contractor | october | 2021 51

Cover Story

That evening, the President’s Reception/PAC Party proved a great success by all accounts, thanks in part to our amazing sponsor, C & H Agency. This year, attendees bid on more than 50 items to benefit the UTCA Constructors for Good Government Political Action Committee. With a little help from professional auctioneering by Ritchie Brothers the room was energized as always and, helped to raise more than $19,000. Our industry PAC is one of the most important tools we have in the fight for legislative and regulatory change. Many thanks to all of our donors and bidders, your generosity is critical to strengthening our industry’s voice in Trenton.

We would also like to thank the corporate sponsors of our PAC Auction Party, without whom, none of this would be possible: Atlantic Concrete Products, Cohen Seglias Pallas Greenhall & Furman PC, Earle Asphalt, EIC Associates, JESCO, M.L. Ruberton Construction, Northeast Remsco Construction, South State and Tilcon NY.

52 Utility & Transportation Contractor | OCTOBER | 2021

And the networking continued late in the evening for some, with a cocktail party hosted by the UTCA Emerging Leaders Committee. The Committee, now in its second year, did a great job organizing and ultimately drew over 100 emerging leaders from all parts of our industry. The Young Professionals in attendance were able to get acquainted and hopefully get some business at the Convention’s newest party. Many thanks to our premier sponsor, New Prince Concrete Construction for their generosity.

The Saturday morning breakfast served as the final event of the Convention with Construction Risk Partners as the Premier Sponsor. Construction Risk Partners also sponsored the Designer Watches and Surface Pro prize drawing that was given out at our Friday Luncheon Program.

As always, we would like to thank everyone who attended – your participation keeps our industry strong and united. We would also like to applaud the UTCA staff and Convention Committee for doing the yeomen’s work to make this – and every year – such a great success. We look forward to seeing everyone next year, as we head back to the Borgata!

Congratulations to

Railroad Construction Company and All UTCA Annual Honorees

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Congratulations to the Daloisio Family and Everyone At Railroad Construction who has contributed to 95 Years of Success in Construction.

From your Pal.s at Campbell Foundry

Feature Story

past the tracks railroad construction company celebrates 95 years By: dan kennedy, sr. director

In addition to providing quality construction, part of fulfilling the company’s mission includes, “sharing our resources to benefit others.” RCC is dedicated to giving back and donates time and funds to multiple local charity groups including Eva’s Village, Oasis Haven for Women and Children, The Boys and Girls Club of Paterson and Passaic, Habitat for Humanity, several animal rescue organizations and many other groups.

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TCA wishes to congratulate Railroad Construction Company, Inc. (RCC) for celebrating ninety-fives years in business. Established in 1926 by Joseph Daloisio, Sr., the company’s original niche was track services but has grown into all areas of civil construction. When I sat down with RCC, I quickly realized the company has grown far past its name brand, into a well-respected large general contracting business with experience in excavation, grading, site work, utility installation, structural concrete, building fit-out, station construction and rehabilitation, bridge construction and rehabilitation, roadway construction and railroad track transit and intermodal installation and maintenance.

The company recognizes its relationships with the local unions as an element to its success, as well as the support provided by subcontractors, suppliers and joint venture partners. Additionally, continued collaboration with engineering firms has become especially beneficial to RCC and the industry as a whole, as we begin to see more contracts bidding design/build. In fact, RCC recently completed a design/build contract for the multi-award winning Mid-Suffolk Electric Yard Project for Long Island Rail Road (LIRR) in Ronkonkoma, NY. Project Manager, Frank Spinozza had this to share, “the project was very unique for several reasons, the multiple facets of construction, mass excavation, utility work, including electric, fire, water and gas, track work, demolition and building construction all wrapped into one project.

In an article published by Railway Track & Structures Magazine, RCC President, Al Daloisio, Jr. (Joseph’s grandson), highlighted the secrets to the company’s accomplished history, “The success of RCC can only be measured by the collective success we share as a team following the same mission: To deliver quality construction and engineering services to our customers with professionalism and integrity while providing opportunity to our co-workers, security for their families and sharing our resources to benefit others. RCC began as a small family business and is now run by a family of co-workers, strong in dedication and diverse in character. The longevity and success of RCC is rooted in the company’s motto: Safety, quality, productivity and having fun.”

PATH Harrison Rail Maintenance Facility.

62 Utility & Transportation Contractor | OCTOBER | 2021

Respect for the Early Years

In the beginning, the company focused on smaller projects, most valued at less than $10,000.

The 1950s would mark a pivotal point in the history of RCC. The company’s geographical footprint expanded past northern NJ and NY, reaching into PA and southern NJ. Projects were greater in size and value, including one of the largest projects of that time, Coopers Point Relocation in Camden, NJ. By 1970, RCC was performing work for the Hunts Point Terminal in Bronx, NY for a contract price of over $500,000.

The new millennium presented its fair share of challenges and heartache with the September 11, 2001 terrorist attacks. RCC Co-workers volunteered in a search and rescue mission at the World Trade Center by mobilizing company-owned heavy construction equipment to move debris. In New Jersey, RCC’s emergency services were called into action to assist PATH personnel, PANYNJ and Mueser Rutledge Engineers to design and install a civil construction solution to plug the PATH Tunnels and keep the remaining system from flooding.

Another noteworthy project in the new millennium to showcase RCC’s civil capabilities is the Secaucus Road Separation Project in 2003. RCC constructed 3 bridges, access ramps and 7 retaining walls, installed storm and sanitary sewers, water mains, manholes, inlets and underground duct banks, signage, lighting and traffic signal systems. The highway remained open to traffic throughout most of the construction.

Feature Story

While Joseph Daloisio, Sr. was working for the Erie Railroad Company, gaining rail construction and maintenance experience, he realized the unmet needs of the private rail sidings, outside the responsibility of the railroads. His son Al Daloisio, Sr., joined his father and took over the reins of RCC in 1941. The two were joined by several family members and everyone operated out of a small office next to the Daloisio home in Paterson, NJ. This is where the company settled until 1942 when operations grew by man power and equipment and, for the first and only time in the company’s history, RCC Headquarters moved to their current home on Grove Street. It should be mentioned RCC has expanded its geographical footprint and opened additional facilities in Manasquan, Edison and Eatontown, NJ as well as two locations in Delaware, New Castle and Georgetown.

Through the development of new companies and the procurement of others, the RCC family grew to include RCC Builders & Developers, Inc., RCC Fabricators, Inc. (AISC certified steel fabricator and erector) and Beach Electric Company, Inc. (electrical contractor with 97 years of experience).

The company’s longstanding relationships with multiple Class I, Shortline and Passenger & Transit railroads plus the knowledge of working on and near active rail environments presented an opportunity for RCC to use this experience and apply these connections to pursue utility construction projects. The result has been advantageous, leading to a very diverse clientele.

One of many examples of the company applying its civil and rail construction experience was presented in the Hudson Transmission Project to increase electrical power capacity to NYC by connecting NY and NJ power grids through a complex set of cables, running both underground and under the Hudson River. RCC trenched 15,000 LF of concrete ductbank carrying 230kV and 345kV cables in a variety of locations including under well-traveled roadways, next to active railroad tracks, under a creek and inside an abandoned railroad tunnel.

Trenched duct bank inside abandoned railroad tunnel.

In 1983, Al Daloisio, Jr. took over as president and saw potential and additional opportunities in creating a Civil Division. This led to more diverse projects and the company entered into the heavy-highway sector as a general contractor. With new territory to explore, the next decade experienced an increased focus on highway and civil projects.

The company’s first large public project was a $6 million contract to install more than 22 miles of continuous welded rail for New Jersey Transit Newark City Subway.

RCC entered the company’s first joint venture agreement with Hess Brothers to complete the PATH Harrison Rail Maintenance Facility, a $26 million contract. This positive accomplishment initiated more Joint Ventures with other industry leaders.

Almost 2,000 LF of horizontal directional drilling was performed. An additional 2,000 LF was installed next to active railroad tracks and the work was scheduled around the NYS&W railway timetable.

RCC removed existing, and replaced, non-potable water pumps, suction and discharge piping, valves and equipment for Passaic Valley Sewerage Commission (PVSC). This contract also included the installation of a fourth non-potable water pump and associated variable frequency drive, miscellaneous electrical and instrumentation equipment.

RCC is currently working with a joint venture partner, to construct a flood wall around the two-mile long perimeter of the Passaic Valley Sewerage Commission (PVSC), three new pump stations and an upgrade to the facility’s drainage system.

Utility & Transportation Contractor | october | 2021 63

Feature Story

Innovating the Business of Relationships The term “innovation” is a popular bit of business jargon. In civil construction it normally relates to engineering, staffing, estimating or a material advantage the contractor has accomplished. At RCC all of the above apply with the addition of Business Development, where “innovation” takes on a different meaning to include the use of social media to drive relationships.

Dale Errico, RCC Vice President has dedicated 20+ years to the company. Beginning in the field, Dale now leads the company’s business development department. If you don’t recognize his name, a quick online search will generate multiple links to social media platforms where Dale shares an impactful summary of what happened at the latest national and local events, amplifying RCC’s presence and support for the industry.

When asked why social media matters for business development, Dale says, “it’s simple, networking. We use social media to connect with new industry professionals or stay connected to longtime friends in the business. It has become a useful tool in promoting the company, our accomplishments as a collective team and each other, individually.”

RCC achieves connectivity with current and potential customers and partners through heightened social engagements and positive word of mouth. These social media wins translate to greater opportunities for growth across RCC’s various market segments

64 Utility & Transportation Contractor | OCTOBER | 2021

Secaucus Road Separation.

leading to business development and meaningful expansion over time. If you don’t already follow RCC, we encourage you to check out their social media on LinkedIn #rccnj1926, Instagram @railroadconstruction and twitter @railroad_inc.

With a strong history and a contemporary approach to new business opportunities, RCC is well positioned to push into its second century of business. UTCA is grateful to have RCC as a member and happy to congratulate them on their first 95 years.

YEARS

Railroad Construction Company, Inc. (RCC) has over nine decades of experience in the construction industry.

Originally offering railroad track construction and maintenance services, the company has grown into a full service General Contractor proficient in

executing, administering and coordinating all aspects of construction necessary to complete projects on time and within budget. The RCC Team has the proven experience and capability to design, construct and maintain roads, bridges, utility systems and railroad facilities.

To Award Recipients, Tino Garcia and Pete Hutchinson 2021 NJ Construction Industry Hall of Fame Inductee, Jim Reid and Roly Acosta for his appointment to UTCA President.

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reflecting on ida's impact By: dan kennedy, director of environmental & utility operations

A

fter Hurricane Ida struck the Gulf Coast in late August as a Category 4 storm it marched northward through the eastern United States, bringing high-intensity rains and fast-rising floods throughout our region in the early days of September.

The results? At least 50 people were killed and thousands stranded in their homes or cars and rescued by emergency responders or neighbors. Once the flood waters receded, there was quite a bit of damage to personal property – water-logged basements and damaged roofs – but there was far less impact on infrastructure than expected, with limited energy outages or water infrastructure issues.

During Hurricane Irene, New Jersey American Water’s Raritan-Millstone Water Treatment Plant came within inches of being completely inoperable. This is New Jersey American Water's largest water production facility and a regional source of potable water supply for all or parts of seven counties in central New Jersey. The 130 MGD plan is at the confluence of the Raritan and Millstone Rivers, so moving it is not an option. The plant was reinforced through a $37 million project (I-Bank funded) to protect the facility from flood waters. This project was part of a greater $65 million investment to help protect and maintain a sustainable water supply for more than 1 million people in the central New Jersey region in the face of an increasing flood risk during extreme weather events.

As a result, this facility was not impacted by Ida. The investment to raise the flood wall from 44 to 48 feet paid off. NJAW President Mark McDonough said that “Ida would have breached the wall had we not done this.”

Another example of a successful project to reinforce utilities against extreme weather is the “Energy Strong” program by Public Service Electric & Gas (PSE&G). The organization started this program after Hurricane Irene in 2011 and Superstorm Sandy in 2012, during which 29 of the utility’s substations were flooded. Of those, 26 serving about 320,000 customers were modified in the current program and saw “almost no” flooding during Ida, according to PSE&G President Kim Hanemann.

The Pipeline

In response to the storm, most regional officials made bold statements that improvements to infrastructure are needed to deal with extreme weather events and used this event as an opportunity to reinforce the need for more federal support for infrastructure.

While some will debate whether or not this was a marker of a changing climate or just the result of a strong storm season, we can’t get away from the fact that there is a need to shore up existing energy and utility systems to ensure that they stay resilient in the face of future extreme weather events.

and those in the bowels of oversight agencies, who have had to learn some tough lessons from Hurricanes and Superstorms.

Since the inception of this program in 2011 and 2012, the utility has raised, rebuilt, or eliminated 26 substations, and plans to increase that number to 46 by 2023, along with 14 gas-metering stations and storage facilities, all at a cost of $1.47 billion.

Irene and Sandy-Spurred Investments Considering all of the possible risks is and always has been key to infrastructure design – from the construction of Stonehenge through the modern day. Dealing with evolving technical standards is something infrastructure owners and their advisors are used to. However, this does not come so naturally to utility leaders

To pay for the work, PSE&G increased rates for its ratepayers, most recently by about $4 a month for a typical residential electric customer. That increment, and a previous raise for the first phase of the program, was approved by the state Board of Public Utilities, with future phases likely. The company was able to do all of this while still meeting peak demands – unlike several other states that have upset their energy production balance by eliminating base load cleaner energy options like natural gas from their portfolios.

Utility & Transportation Contractor | october | 2021 69

These are just two great examples of what every utility, public or investor-owned, has an opportunity to do. They need to examine evolving risks, natural and otherwise, and be proactive. They need the state and federal government to support them. These investments and others have lowered risks and damage in the real world – not just as an academic exercise or a white paper – but an example of how real utilities were able to mitigate risks from high-intensity storms and floods. Utilities and regional leaders need to be thinking now about infrastructure investments and how they can protect our communities – both from risks we currently know of and those that may be around the corner.

Support for Increased Federal Infrastructure Funding

The Pipeline

Sen. Bill Cassidy (R-LA) said recently that “If we're going to make our country more resilient to natural disasters, wherever they are, we have to start preparing now.” Cassidy said that he is hoping that Republicans see the damage in their states and think that ‘If there’s money for resiliency, money to harden the [power] grid, money to help sewer and water, then maybe this is something we should be for.’ I agree with the Senator. As the House is set to vote on the bipartisan infrastructure bill by the end of September, any Republican support would be helpful – particularly to mitigate those from others who are connecting their votes to measures to reduce greenhouse gases from fossil fuels.

70 Utility & Transportation Contractor | OCTOBER | 2021

During the recent NJ Utilities Association Convention, I was asked to go 1:1 with DEP Commissioner Sean LaTourette to discuss a range of issues. We discussed the topic of climate change and resiliency at length and what it means for the utility sector.

Commissioner LaTourette acknowledged the value of these infrastructure investments and was supportive of them continuing. We also discussed speeding up the approval process so that less time and money is spent before these critical investments get to construction. The Commissioner pledged his support and attention, which we appreciate.

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We would like to congratulate Railroad Construction for celebrating 95 years in constructionl We would also like to congratulate the following 2021 UTCA honorees: Tin o Garcia - Robert A. Briant, Sr. Award Recipient Pete Hutchinson - Larry Gardner Award Recipient Jim Reid - NJ Construction Industry Hall of Fame Inductee Ro ly Acosta - UTCA President 2021-2022 Thank you all for your dedicated service in the construction industry.

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cavalcade of professionals from the union and construction industry, policy wonks, business experts, strategic communicators and grassroots community activists to deliver for members and contractors.

Jim Reid, Hall of Fame Inductee Roly Acosta, Incoming UTCA President & all Award recipients

Thank you Dave Smith-outgoing president, for two years of service

Congratulations to the UTCA 2021 Honorees: Roly Acosta, Tino Garcia, Pete Hutchinson and Jim Reid and

Railroad Construction Company on 95 Successful Years Schifano Construction Company's family owned business in Middlesex, NJ is a recognized leader in highway milling and paving projects throughout the State of New Jersey since 1983.

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CONGRATULATIONS TINO GARCIA Robert A. Briant, Sr. Award Recipient

PETE HUTCHINSON Larry Gardner Award Recipient

ROLY ACOSTA For his Installation as 2021-2022 UTCA President

JIM REID For his Induction into the Construction Industry Hall of Fame

RAILROAD CONSTRUCTION For 95 Years in Construction

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to The D'Annunzio Family & Emgloyees On celebrating 4 0 years in business.

Wishing you continuing success!

·--------------------------------OUR MISSION: Built on a culture of pride, we are committed to being an industry leader delivering quality products and services at the greatest value for our customers through innovation, organization, and hard work.

ADDRESS 1800 Rt 34, Bldg 2, Suite 205, Wall, NJ 07719 T: 732-308-1113 F: 732-462-9626 MAILING ADDRESS P.O. Box 556, Farmingdale, NJ 07727

ASPHALT PLANT LOCATIONS Jackson: 655 County Rt 547, Jackson, NJ 08527 T: 732-657-8551 F: 732-657-9230 Morrisville: 14 Steel Road North, Morrisville, PA 19067 T: 732-682-5085 F: 215-428-4031

QWALlm'ti, EEJ;ICIENGV, INirEGRITV www .earleco.com

788 Shrewsbury Avenue Suite #2226 Tinton Falls, NJ 07724 Tel (908) 502-5858 easternlandscape.com

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W:.:tv1EN OWNED

Union Signatory Contractor Equal Opportunity Employer

Congratulations to the UTCA's 2021 Award Recipients, to Roly Acosta and to

Railroad Construction

on 95 Years in Construction.

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��DA BENEFIT SERVICES � Guidance Expertise Trust T

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CONGRATULATIONS TO: Tino Garcia - Robert A. Briant, Sr. Award Recipient Pete Hutchinson - Larry Gardner Award Recipient Jim Reid - NJ Construction Industry Hall of Fame Inductee Roly Acosta - UTCA President 2021-2022 Railroad Construction celebrating 95 years in construction.

www.ioausa.com 2010 NSU�ANCE OFFICE CF AMERICA ALL RIGH1S RESERVED

NEWS

Open Enrollment challenges for small to mid-sized companies solutions for a successful implementation By: tim fitzpatrick, senior vice president, employee benefits, ioa & derek ashton, cebs, strategic client relationship consultant, medcom benefit solutions

W

ith the fourth quarter of the year upon us, many employers are strategically planning for their upcoming employee benefits renewal. The initial focus during this process is the renewal itself. This involves negotiating rates and benefits as well as shopping the market for potential alternative solutions. Once final decisions are made regarding the benefits offering, the attention then shifts to communicating this information to employees. Under normal circumstances this period, commonly referred to as Open Enrollment, can present logistical challenges, especially when employees are not based in one location. This is made even more difficult because of COVID and its continued impact on companies.

To gain a better understanding of these challenges, we enlisted the help of the general agency, Savoy Associates, and their Worksite Benefits and Enrollment Team.

This team works hand in hand with employers of all sizes to develop and deploy custom communication strategies for employee benefits plans. We asked their team a simple question, “in your opinion, what is the biggest challenge currently facing small to mid-sized employers in regards to Open Enrollment?”

Keri-Lyn Sharpnack, Worksite Marketing Consultant, states: “With many employers allowing employees to solely work remote, the biggest challenge for small to midsize employers during Open Enrollment is the limited resources available to provide a more technology driven experience for their employees.”

Harry Lore, Worksite Marketing Consultant, adds: “One of the biggest challenges for remote employees during the pandemic has been access to healthcare and related services. Benefits that we see employers adding during Open Enrollments are telemedicine, employee assistance programs and virtual enrollment counseling. These tools have helped employees to get their questions answered by qualified professionals instead of relying on Google.”

Jeff Newman, Team Lead for Worksite Marketing, concludes: “With the global pandemic among us, employers are struggling with educating and enrolling their employee benefits during Open Enrollment. We have found that benefit enrollment technology, incorporating zoom calls with benefit counselors, have helped alleviated this struggle. Most employers have stated that the employees appreciated the one-on-one contact and felt it was a much better educational experience.”

Many employees are still working remotely in some capacity.

This has added considerable challenges for businesses looking to communicate and educate their population on employee benefits. Technology platforms, virtual enrollment and educational assistance programs can help to support in this effort. Having access to a call center that offers oneon-one education between benefit counselors and employees, regardless of where they are located, is especially beneficial. It can make Open Enrollment a more efficient and effective process.

This interaction can occur any time of the day, giving everyone the opportunity to fully understand and choose the benefits that are best suited to their needs.

Employee benefits renewals are a key focus for most employers, taking up considerable time and resources. COVID has made this ordinarily challenging time that much more difficult. Organizations should take proactive steps in developing a versatile plan of action that can satisfy the unique needs of an evolving workforce. Leveraging the expertise of trusted professionals, such as insurance brokers, technology specialists and enrollment teams can help build a successful implementation for Open Enrollment.

Utility & Transportation Contractor | october | 2021 91

"Constructing A Better New Jersey Through Transportation And Utility Construction" Utility Contractors Industry Advancement Fund Your Industry Advancement Dollars At Work:

❖ ❖ ❖ ❖ ❖ ❖

County College Construction Technology and Engineering Scholarships College Engineering Internships and Scholarships Public Education Messaging Highlighting The Benefits of Infrastructure Investment NJDOT Specifications Improvements Funded Nationally-Recognized New Jersey Economic Study On Infrastructure Investment Funded Public Research On Infrastructure Investment Options

EST.1965

UTCA of New Jersey PO Box 728 ❖ Allenwood, NJ 08720 www.utcanj.org

Roly Acosta - President, UTCA Phil Schifano - Chairman, UCIAF Robert A. Briant, Jr. - CEO, UTCA Dave Rible - Executive Director, UTCA

PIPE CLEANING, LLC

• Jet Vac cleaning of 6" to 72" pipe lines and box culverts • Digital TV inspections of storm and sanitary lines from 4" to 72" including service laterals. This service can also include a DVD and comprehensive computer generated report.

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MAKING OUR CITIES GREAT AGAIN™ WA STEWATER • WATER SUPPLY • MICROTUNNELING • TRANSPORTATION

RolyAcost,a, of Northeast Remsco UTCA President 2021-2022 Tino Garcia of Ferreira Construction 2021 Robert A. Briant, Sr. Memorial Award Peter Hutchinson of SELCO Manufacturing 2021 Larry Gardner Memorial Award

James Reid of J .H. Reid General Contractor

2021 NJ Construction Industry Hall Of Fame www.jrcruz.com

JRCRUZ Corp.

33 W. Main Street Holmdel, New Jersey 07733

P: 732.290.0700 I F: 732.290.8960 engineering@jrcruz.com

"An Equal Opportunity Employer"

Construction and General Laborers' Union

RN

RAYMOND M. POCINO BUILDING 604 BORDENTOWN ROAD TRENTON, NEWJERSEY 08610 (609) 291-9100 (609) 291-0158 FAX

AFFILIATED WITH: NJ STATEAFL-CJO NJ STATE BUILDING & CONSTRUCTION TRADES COUNGL

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PARENT ORGANIZATION LABORERS' INTERNATIONAL UNION OF NORTH AMERICA

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Anthony Capa,ecio

Pxesident - Business MarJager Raymond M.,,Pocino President Emeritus Brendan Rosenberg, Vice President William Coffin Jr., Recording Secretary

Folsom Qffice 1100 Blackhorse Pike Folsom, NJ 08037 (609) 567-4488 (609) 567-9498 FAX

HerbertJaudon, Secretary- Treasurer Ketth Kl.emmer, Sergean�at-Arms

Executive Board Members Joseph DeMarco, Jr. Alfonso Guarraggi, Christian Cole Auditors JohnBohme Mark Griffith Russell Jones Jr.

Ocean County Office 335 US9 Unit#5 Lanoka Harbo1� NJ 08734 (609) 549-0331 (609) 549-0332 FAX

Drilling, Blasting, Roads, Sewers, Bridges, Utility work, Paving, Tunnels, Dams, Hazmat, Excavations, Concrete Work on Heavy and General Construction jurisdiction Counties: Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean & Salem ®�19

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For a FREE quote please contact our authorized representatives for the UTCA, The Van Palmer Group, LLC at 973-837-2522.

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Statement of Ownership, Management, and Circulation (Requester Publications Only)

1. Publication Title

Utility and Transportation Contractor 4. Issue Frequency

Six Times Per Year (bi-monthly)

31119 141-191°1 I

2. Publication Number

3. Filing Date

5. Number of Issues Published Annually

6. Annual Subscription Price (if any)

6

7. Complete Mailing Address of Known Office of Publication (Not printer) (Street, city, county, state, and ZIP+4®J

1670 Route 34 North, Suite 1A Farmingdale, NJ 07727

September 2021 $20

C'Aacj Person

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Tele hone nclude area code) a

7 2-2 2-4300

8. Complete Mailing Address of Headquarters or General Business Office of Publisher (Not printer)

1670 Route 34 North, Suite 1A Farmingdale, NJ 07727

9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor (Do not leave blank) Publisher (Name and complete mailing address)

Robert A. Briant, Jr. Editor (Name and complete mailing address)

Robert A. Briant, Jr. Managing Editor (Name and complete mailing address)

Robert A. Briant, Jr.

1670 Route 34 North, Suite 1A Farmingdale, NJ 07727 1670 Route 34 North, Suite 1A Farmingdale, NJ 07727 1670 Route 34 North, Suite 1A Farmingdale, NJ 07727

10. Owner (Do not/eave blank. If the publication is owned by a corporation, give the name and address of the corporation immediately followed by the names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give the names and addresses of the individual owners. If owned by a partnership or other unincorporated firm, give its name and address as well as those of each individual owner. If the publication is published by a nonprofit organization, give its name and address.)

Complete Mailing Address Full Name

Utility and Transportation Contractors Association

1670 Route 34 North, Suite 1A Farmingdale, NJ 07727

11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities. If none, check box. --------------- I)( None Full Name

Complete Mailing Address

12. Tax Status (For completion by nonprofit organizations authorized to mail at nonprofit rates) {Check one) The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes: � Has Not Changed During Preceding 12 Months D Has Changed During Preceding 12 Months (Publisher must submit explanation of change with this statement.)

PS Form 3526-R, July 2014 [Page 1 of 4 (See instructions page 4)1 PSN: 7530-09-000-8855

PRIVACY NOTICE: See our privacy policy on www.usps.com.

13.

14. Issue Date for Circulation Data Below

Publication TiHe

Utility and Transportation Contractor

August 2021

15. Extent and Nature of Circulation

Average No. Copies Each Issue During Preceding 12 Months

a. Total Number of Copies (Net press run) Outside County Paid/Requested Mail Subscriptions stated on PS Form 3541.

(Include direct written request from recipient, telemarketing, and Internet (1) requests from recipient, paid subscriptions including nominal rate subscriptions, employer requests, advertiser's proof copies, and exchange copies.) b. Legitimate Paid and/or In-County Paid/Requested Mail Subscriptions stated on PS Form 3541.

Requested (Include direct written request from recipient, telemarketing, and Internet Distribution (2) requests from recipient, paid subscriptions including nominal rate subscriptions, (By mail employer requests, advertiser's proof copies, and exchange copies.) and outside Sales Through Dealers and Carriers, Street Vendors, Counter the mail) (3) Sales, and Other Paid or Requested Distribution Outside USPS® (4)

Requested Copies Distributed by Other Mail Classes Through the USPS (e.g., First-Class Mail®)

c. Total Paid and/or Requested Circulation (Sum of 15b (1), (2), (3), and (4))

d. Nonrequested Distribution (By mail and outside the mail)

Outside County Nonrequested Copies Stated on PS Form 3541 (include sample copies, requests over 3 years old, requests induced by a premium, bulk sales and requests including association requests, names obtained from business directories, lists, and other sources)

(2)

In-County Nonrequested Copies Stated on PS Form 3541 (include sample copies, requests over 3 years old, requests induced by a premium, bulk sales and requests including association requests, names obtained from business directories, lists, and other sources)

( 3)

Nonrequested Copies Distributed Through the USPS by Other Classes of Mail (e.g., First-Class Mail, nonrequestor copies mailed in excess of 10% limit mailed at Standard Mai/® or Package Services rates)

(4)

1700

1700

1560

1560

25

30

5

5 1600

1590

►

(1)

Nonrequested Copies Distributed Outside the Mail (Include pickup stands, trade shows, showrooms, and other sources)

No. Copies of Single Issue Published Nearest to Filing Date

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

0

0

e.

Total Nonrequested Distribution [Sum of 15d (1), (2), (3) and (4))

f.

Total Distribution (Sum of 15c and e)

►

1590

1600

g.

Copies not Distributed (See Instructions to Publishers #4, (page #3))

►

110

100

h.

Total (Sum of 15f and g)

1700

1700

i.

Percent Paid and/or Requested Circulation (15c divided by 15f times 100)

►

100%

16. Electronic Copy Circulation

Average No. Copies

Utility and Transportation Contractor

Each Issue During

Previous 12 Months

a. Requested and Paid Electronic Copies

►

b. Total Requested and Paid Print Copies (Line 15c) + Requested/Paid Electronic Copies (Line 16a)

►

c. Total Requested Copy Distribution (Line 15f) + Requested/Paid Electronic Copies (Line 16a)

►

d. Percent Paid and/or Requested Circulation (Both Print & Electronic Copies) (16b divided by 16c x 100)

►

□

100% No. Copies of Single Issue Published Nearest to Filing Date

I certify that 50% of all my distributed copies (electronic and print) are legitimate requests or paid copies.

17. Publication of Statement of Ownership for a Requester Publication is required and will be printed in the __O_c_t_O_b_e_r_2_0_2_1__________ issue of this publication.

18. Signature and Title of Editor, Publisher, Business Manager, or Owner

Robert-A. Briant; Jr.

Date

9/20/2021

I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).