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Merit Shop The

April • 2022

Spokesman A Monthly Publication of ABC Keystone

FOCUS on Workforce Development 3 ABC is in the HOUSE 5

How Economics & Law Fit Hand-to-Glove

ABC Keystone Leadership 2022 Executive Committee:

CHAIR of the BOARD – Keith Eldredge, CPA, RKL

CHAIR-ELECT – Steve Conway, Pyramid Construction Services, Inc., a Quandel Enterprises Company

1st VICE CHAIR – John Lehmann, Poole Anderson Construction, LLC 2nd VICE CHAIR – Guy Kingree, Warfel Construction Company SECRETARY – Steven Kearns, James Craft & Son, Inc

TREASURER – Timothy A. Kershner, CPA, Walz Group

IMMEDIATE PAST CHAIR – Cleo Weaver, Delainco Realty, LLC

2022 Board of Directors:

Robb Beiler, Quality Buildings LLC Jeff Bright, Saxton & Stump Lawyers and Consultants Roger S. Brubaker, Meadow Valley Electric, Inc. Douglas M. Dvorchak, Murray Ed Engle, Smucker Company Joe Finkey, Martin’s Flooring, Inc. Brian Floyd, Gunn-Mowery, LLC Wayne Fuhrman, The Witmer Group Michael B. Funck, Wohlsen Construction Company Ken Funk, Arthur Funk & Sons, Inc. John H. Hykes II, B&B Integrations David H. Oblender, Engle-Hambright & Davies, Inc. Jon Sensenig, Speedwell Construction, Inc. James Stephens, CFSP, 11400 Inc. Bethany Tesché, Houck Services, Inc. Jan L. Wagner, Wagman Construction, Inc. Thomas O. Williams, Esq., Reager & Adler, P.C.

G. David Sload, President-CEO

ABC Keystone | 135 Shellyland Road, Manheim, PA 17545 (717) 653-8106 | abckeystone.org The Merit Shop Spokesman is published 12 times a year by Associated Builders & Contractors, Keystone Chapter. Articles of interest, member news, press releases, and advertising placement requests may be submitted to the Editor: Kristi Pronovost Director of Marketing & Communications ABC Keystone kristi@abckeystone.org (717) 653-8106

Connect with ABC on Social Media! @ABCKeystonePA LinkedIn.com/company/abckeystone/ @ABCKeystone @ABCKeystone

Merit Shop The

Spokesman Contents

3 Message from the Chair 5 Message from the President-CEO 6 Apprenticeship at ABC 7 Workforce Development 12 Congratulations to Our STEP Members 13 New Members & Anniversaries 14 Member News 15 Young Professionals Spotlight 16 Young Professionals Perspective 17 Chapter Calendar 19 Meet the Generals Photos 21 Ask an Attorney 23 Advocacy Update 26 Construction Wars Photos

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A Message from the Chair

his month we want to focus on Workforce Development. The Workforce Development Committee is tasked with showcasing careers in construction and the talents of our members. They are to build bridges between the industry and educators on skills needed and careers available for K-12 and post-secondary students. The committee and staff liaison have been hard at work for many years building those bridges. I want to talk about two areas that the committee has been working on and what they mean to you. The two areas to highlight are articulation agreements and reentry. Articulation Agreements First, what are articulation agreements? If you are confused as to what an articulation agreement is, and why we should be working to get more, here's an explanation. In a nutshell, these agreements give credit towards apprenticeship classes for coursework, grades and attendance while the student is still in high school. This allows our young adults to get a head start by taking and passing certain classes and gives them a leg up on a career in the trades. Passing Preapprenticeship classes saves their hiring employer money by getting certain training completed while they are still in high school. Just as here at RKL we talk with our new hires about the importance of passing the CPA exam early and completing any additional classes employees need before the demands of the job and life get in the way, it is the same with our young future craft professionals still in high school. By participating in pre-apprenticeship, they can complete their training earlier and move into their careers faster.

Why are these agreements important to you, the member? As we all know, there is a significant workforce shortage. For years schools have bragged about how many

students they sent to college. How many of those students are now not employed in their field and or strapped with significant debt? Isn’t high school meant to get young adults ready for life after high school? Many of these children are not ready for college or not ever going to go to college. Why not help all the students, including those that choose a different path? Careers in construction are not limited to working in the field each day, nor are they limited in their upward mobility. Many who enter the trades after school will become superintendents, project managers, and even business owners. Having this training working in the field is invaluable experience and helps prepare them for these jobs. Many owners I work with started in the field. Our VP of Education, Safety & Workforce Development, Stephanie Larkin, has been hard at work over the last several years developing these agreements. She has secured 24 agreements with various schools throughout our footprint. There are still several schools that have not yet signed up for these agreements which could help both the school and the students preparing for life after high school. We could use your help by talking with your school about these agreements and how to get in contact with ABC Keystone. Reentry The second area the committee is working on is Reentry. We have a significant number of individuals that get released from prison each year. They need steady employment, and you need their skills. Your Workforce Development Committee has been working with various agencies across PA to understand the barriers to entering the construction industry for returning citizens. Removing some of these barriers requires the help of our legislators

to make changes to update current laws. Two examples of barriers where we need legislators' help are the loss of one's driver’s license and background checks. Many offenses for which someone can be convicted not only result in prison time, but also loss of one's license. One of these offenses that results in loss of a driver's license is that of not paying child support. You can lose your license if you don’t pay child support and get sentenced to prison. But, without a driver’s license it makes it extremely difficult to get to jobsites and get current with your payments. This is difficult to understand. Another barrier is background checks for access to certain jobs. Many owners require the contractor’s employees to have clear background checks. I understand this for renovations at healthcare facilities or schools. But, when it comes to new construction involving jobs that are not near any school or healthcare facility, does keeping those with prior offenses off the site make sense? We need to have open conversations with our political leaders to understand the current laws and discuss ways to make changes that benefit both parties. With some changes, we should be able to help people return as a productive part of the community after they have served their time. I want to thank our Workforce Development

committee for all the hard work they are doing and for making a difference in the industry. On a final note, let's discuss our workforce development events. In March, we held Construction Wars for our middle schools. In June, we will again hold All 'bout Construction Girls Camp. It is geared for girls from ages 14-19 and is scheduled for June 13-16. ABC Keystone is still looking for girls to apply for camp and female mentors of all levels to help with the camp. This is a great way to give back to the industry and to make a lasting impression on someone. Please consider volunteering. Contact stephanie@ abckeystone.org for Keith Eldredge, CPA more information. 2022 Chair of the Board Thank you for your support!

RKL keldredge@rklcpa.com (717) 843-3804

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Hear from the President-CEO

ABC

the

House

t has been just a little over two years since Governor Wolf determined that construction was unessential, and the entire industry was shut down in PA. Shortly after, the ABC National Convention was cancelled. This annual event that focuses on the accomplishments of chapters and members would have to wait. 2021 would see a smaller version of the Convention with limited attendance and no National Craft Competition.

much more support. We congratulate them for making it to San Antonio and making PA proud.

Fast forward to March of 2022. Convention was on, and ABC was "in the house.” San Antonio was home to the 2022 National Convention, and it was big, bold, full of excitement and many accolades. Celebrations were held, friendships were rekindled, and many from around the country would come together to show the strength of ABC as a National Association.

Last, but certainly not least, was the National Craft Competition. ABC Keystone was proud to send our top apprentices to compete against the best from all around the country. This intense competition had each competitor working through a six-hour practical competition while being watched by several hundred noisy onlookers. I can say all three young men that competed for the Keystone Chapter did the Chapter, their member firms, and themselves proud.

It wasn’t just ABC, but ABC Keystone was also "in the house." The week of National Convention helped remind us of the accomplishments that we as a Chapter have achieved despite two years of COVID-19, which is a testament to the hard work of the Board and Members. Let me first start with Chapter recognition. Cindy DeWire was recognized for her 30 years of service to the Keystone Chapter. Over the 30 years, Cindy has risen to the position of Director of Apprenticeship. Under her watchful eye, this program continues to grow and improve. In addition, the Keystone Chapter was recognized for membership achievements in retention, growth, and surpassing our goal.

When it was all over, ABC Keystone ended the celebration with two Bronze medal winners. Michael Harker, Wohlsen Construction Company, took the Bronze in Carpentry, and Jeremy Landis, Meadow Valley Electric, Inc. took the Bronze in Electrical Residential/Commercial. In addition, although he didn't place at the National Competition, Drew Speicher, W.C. Eshenaur and Son, Inc., made a strong showing in HVAC. Keystone's other competitor, Joe Mazzur, Plumbing, Brubaker, Inc. was unable to attend the competition. Congratulations to all for their hard work preparing for this event.

Next, we move onto the recognition of our members. Every year it is exciting to see how many of our members win local EIC awards and then parlay them into National EIC awards. I am happy to report that we had three of our member firms recognized at the National EIC Awards Gala: Benchmark Construction, Keystruct Construction a Viocity Company, and Pyramid Construction a division of Quandel Enterprises Inc. They showed how ABC Keystone competes with the 'Best of the Best.' What would a national convention be without some competitions? ABC Keystone supported Penn Tech College in the Construction Management competition. While they didn’t walk away with any awards, they were one of 14 out of 42 that were selected to continue on in San Antonio. They competed against the likes of all the BIG boys like Clemson, Florida State, Colorado, and others that have so

“

2022 has started off just as good as 2021 ended. I can hardly wait to see how ABC Keystone matches up against its peers during the 2023 convention in Kissimmee, Florida. Thanks goes out to the Members for your work to build great projects, your work to mentor young apprentices, and your support of one of the greatest Chapters in all of ABC. ABC Keystone will always be "in the house."

The week of National Convention helped remind us of the accomplishments that we as a Chapter have achieved despite two years of COVID-19.

G. David Sload President-CEO dave@abckeystone.org (717) 653-8106

Apprenticeship Update Building Minds Building Skills By: Cindy DeWire, Director of Apprenticeship Building Futures March was an exciting time in the Keystone Apprenticeship program. We recognized Women in Construction and thanked our apprentices for leading the way for women in our industry. ABC's National Craft Competition was held in San Antonio on March 16. ABC Keystone's NCC team represented themselves, ABC, and their companies exceptionally well. I am proud of each of them!

but became a dad a couple of days prior to the competition. Congratulations, Joe!

Congratulations to Jeremy Landis (Electrical) and Mike Harker (Carpentry) who each won bronze medals, and to Drew Speicher for his strong effort in HVAC. A special congratulations to our Plumbing competitor Joe Mazzur, Plumbing, Brubaker, Inc., who was scheduled to compete

Michael Harker, Carpentry, Wohlsen Construction Company

Congratulations to all the Keystone Chapter's National Craft Competitors!

Bronze Medal Winners: Jeremy Landis, Electrical: Residential-Commercial, Meadow Valley Electric, Inc. Photos from ABC Keystone's March 4, 2022, Mock Craft Competition (a final practice which took place before Nationals). Area high school students were invited to watch the competitors in action. ABC Keystone even received a visit from former 38-year employee and VP, Cindy Field!

Workforce Development Update By: Stephanie Larkin, VP of Education, Safety & Workforce Development

Hello, April!

hew. March was quite the whirlwind, with the National Craft Competition in San Antonio, Texas (congratulations to our competitors on their achievements!) followed quickly by the spring Construction Wars event. ABC Keystone welcomed more than 200 students and 40 plus educators to our facility for three days of hands-on learning. We were fortunate to receive great press coverage – both in print and TV – so if you haven’t seen it, please check out our social media where it is featured. The foundation of the event is an incredible group of volunteers that I can’t possibly thank enough. We truly have the best members in the country! Pre-apprenticeship programming continues to gain popularity in our Chapter footprint. We recently welcomed students from schools that haven’t previously sent students to our program, and yet other schools have inquired about placing our program within their walls. We’re in our third full year of offering pre-apprenticeship classes at ABC Keystone and nearing the end of our Spring 2022 cohort. Seven students will graduate with 50 hours of training in communications, employability, blueprint reading, construction math, hand and power tools, rigging, materials handling, rough terrain forklift and a OSHA 10-hour construction credential. A summer class will take place throughout July, and applications are currently

being accepted. The hard work of establishing our programs and partnerships is paying off, as we now see pre-apprenticeship graduates making successful transitions into registered apprenticeship. Another summer offering is our All ‘bout Construction (ABC) Girls Camp, which we will hold June 13-16 at our facility. This is our second time hosting Girls Camp. Last year was a blast, and we expect another great week of learning, sharing, building projects, and visiting job sites. The four-day camp is free* and is limited to 20 girls ages 14-19, with priority given to Lancaster County students and first-time campers. Applications can be accepted online through April 29. Only a few spots remain, so please encourage the young females in your life to join us! *This program is made possible through the support of the Lancaster County Workforce Development Board, the county’s leader and active partner in workforce development efforts. The total cost of the All ‘bout Construction Camp is $22,448.37 of which 62% is funded through a U.S. Department of Labor Workforce Innovation and Opportunity Grant. Priority will be given to first-time campers and residents of Lancaster County.

Did You Know? ABC Keystone & Stephanie Larkin to Receive Award ABC Keystone was recently nominated and selected by the Berks Connections/Pretrial Services (BCPS) award committee to receive the Paul J. Hoh Life Improvement Award. The Paul J. Hoh Life Improvement Award recognizes an individual, organization or employer that has furthered the mission of BCPS by improving the lives of incarcerated individuals, reentrants and their families. Paul Hoh, this award’s namesake, is one of BCPS’s founders and was the first board president. The award will be presented at the Annual Life Improvement Breakfast on April 19, 2022. ABC Keystone's Stephanie Larkin, VP of Education, Safety & Workforce Development, will accept the award on behalf of ABC Keystone for helping to create pathways into the construction industry for BCPS/BerksConnections' R3 graduates. Stephanie was instrumental in developing BCPS's R3 program into a registered pre-apprenticeship program. Congratulations, Stephanie! Learn more about Berks Connections/Pretrial Services at www.berksconnections.org.

April is Second Chance Month!

SECOND CHANCE Second Chance Month:

Helping individuals, communities, and agencies across the country recognize the importance of reentry and their role in supporting safe and successful reentry. Building second chances!

The National Reentry Resource Center will host resources, videos, podcasts, live learning events and webinars during the month of April to support the justice field and Second Chance Act grantees with their reentry programs.

For More Information: www.nationalreentryresourcecenter.org

Attention

Contractors!

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ABC Keystone’s Customized Education & Training Strengthen Your Workforce – Your Way Through ABC Keystone’s Customized Education and Training Solutions • • • • •

Our Members Say It Best: “The customized education from ABC Keystone made it possible to schedule the training close to our facility and had a very positive impact on our operation. It was easier to schedule everyone that needed the education. We minimized lost time on jobs due to reduced travel, and we saved wages that would have normally been paid for travel time to ABC’s facility. Additionally, being able to complete the education as a dedicated group helped to improve camaraderie and teamwork within the company.”

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kevin@abckeystone.org (Safety Training) barbara@abckeystone.org (Career Development Education)

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his outstanding one-of-a-kind property is located just minutes from Rt. 83 and PA Turnpike and formally housed a large excavation company and concrete contractor. The approx. 16,000 sq. ft. office/shop is nestled in the center of 80 acres of gently rolling pastures, perfectly framed by white vinyl fencing. The shop housed approx. 30 trucks and heavy equipment for the excavation/ trucking company. The 7,450 sq. ft. shop consists of 3 large truck bays measuring 67’ x 21’, 67’ x 21’ and 67’ x 31’7” with complete oil and air systems, hot water pressure washer and electric. In addition, there are 2 smaller overhead garage doors for service vehicles. Included in the shop building are large open spaces for material storage, parts room, over 5,901 sq. ft. of individual office space including dispatch, executive and estimator offices, conference rooms, restrooms, lunchroom and over 1,600 sq. ft. of open office space. Other buildings and improvements include a surprisingly large 3,100+ square feet renovated 2-story home that features 3 bedrooms, 2 full & 2 half bathrooms, nice kitchen, 2nd floor master suite, nicely finished basement, detached 2 story 1,408 sq. ft. horse barn with 4 modern horse stalls, acres of fenced pastures, 4 run in sheds, well maintained farm pond and significant stream.

Shown By Appointment Auction for: Jarod L. & Kristen S. Wintermyer Attorney: Brandon O’Connor, Esq.

Auctioneer’s Note: Must see to appreciate the property! *For information about financing call 717-664-5238* Real Estate Terms & Conditions: 10% down day of sale. Balance due at settlement no sooner than 45 days and no later than 60 days. Announcements made on day of sale take precedence over advertised information.

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Clockwise from top left: 2M Street Northwest One, renovation of wedges 2-5 of the Pentagon, Air Force Memorial, National Museum of the Marine Corps, National Cathedral

LET’S BUILD SOMEThINg grEAT TOgEThEr. #ABCMeritShopProud Members of Associated Builders and Contractors build our communities. From schools, hospitals and national monuments to military installations, industrial facilities, skyscrapers, professional sports venues and the playground down the street, we build the structures where Americans work, play, heal and learn. We believe in free enterprise and what we call the merit shop philosophy: that projects should be awarded based on quality, skill and achievement. We’ve been setting the standard for safety, performance and integrity in the construction industry since 1950, and every day we continue to raise the bar. Together, we are building something great in America. We’re building communities. 11

Wake up to the american Dream Visit ABCMeritShopProud.org and learn how ABC members develop people, win work and deliver

Congrats to ABC Keystone's 2022 STEP Recipients! As verified by ABC National as of March 2022 Watch future Merit Shop Spokesman issues for updates!

Diamond:

11400 Inc. Quandel Enterprises, Inc.

Platinum:

Hursh Painting Co., Inc. Leo Kob Co., Inc. Silver:

C.M. High, Inc. John E. Fullerton, Inc. Johnston Construction Company M. Potteiger, Inc. Warfel Construction Company

Bronze:

B&B Integrations C Mechanical Services D.E. Gemmill, Inc. Galbraith/Pre-Design, Inc. Kauffman Kitchens Leo Kob Co., Inc. White Rose Interiors, LLC H.L. Wiker, Inc.

Is Your Company On this List? Get started with your application today!

abcstep.org

Welcome to ABC's Newest Members! Thank you for your support of the merit shop mission!

11400 Inc.

James M. Stephens, President 2551 Horseshoe Road Lancaster, PA 17601 ph. (717) 392-7429 jstephens@11400inc.com

Carel USA, Inc.

Kimberly Eldredge, CFO 385 South Oak Street Manheim, PA 17545 ph. (717) 664-0500 kimberly.eldredge@carel.com Sponsor: Keith Eldredge, RKL

Edwards Business Systems

Nicole Behn, Vice President of Sales 120 West Airport Road Lititz, PA 17543 ph. (717) 541-5340 nbehn@edwardsbusiness.com

Hawk Industries, Inc.

Scott Hawk, President/General Manager 41 Monarch Street Littlestown, PA 17340 ph. (717) 752-4142 scott@hawkindy.com Sponsor: James M. Stephens, 11400 Inc.

Inch & Co. Construction, LLC Lance Ferree, Director of Pre-Construction 2950 Lewisberry Road York, PA 17404 ph. (717) 755-1565 lferree@inchandco.com Sponsor: Jan L. Wagner Wagman Construction, Inc.

KH Electric

PROAC Corporation

Kyle L. Herr, President 690 Sycamore Drive Columbia, PA 17512 ph. (717) 314-8977 kyle@khelectriclanc.com Sponsor: Robb Beiler Quality Buildings, LLC

L&W Supply

Dean R. Klopp, President PO Box 326 Mount Aetna, PA 19544 ph. (717) 933-9475 dklopp@proaccorp.com

Ruff Nex, LLC

Dave Rinehart, Branch Manager 1103 Ranck Mill Road Lancaster, PA 17602 ph. (610) 972-4114 dave.rinehart@lwsupply.com Sponsor: Ed Engle Smucker Company

Ali Perrin, Owner 2809 Boston Street #307 Baltimore, MD 21224 ph. (301) 213-6682 ali@ruffnexllc.com

Sponsor: Mike Funck, Wohlsen Construction Company

View a searchable membership directory at abckeystone.org! Download the mobile app at the App Store or Google Play!

Happy Anniversary! Congratulations to these members celebrating milestone anniversaries in April 2022!

25 Years:

Galbraith/Pre-Design, Inc. 10 Years:

ONYX Design and Consulting, LLC SAA Architects, Inc.

5 Years:

AD&C Enterprises, LLC Martin's Flooring, Inc.

1 Year:

Atlas Marketing Allan Myers Gatti-Morrison Construction Service, Inc. No Quarter Consulting PeopleReady Skilled Trades 713

#ABCMeritShopProud Barley Snyder Announces Board Appointment

The Dauphin County Bar Association has named Barley Snyder attorney John “J.” Quain, Jr. the treasurer on the board of directors of its Young Lawyers Section. The Young Lawyers Section started in 1976 to address the needs and interests of new lawyers in the Dauphin County Bar Association. It sponsors programming for young lawyers in substantive areas of law, encourages committee membership and holds several popular social functions each year to encourage networking, according to its website.

McKonly & Asbury Announces New Affiliate Company M&L Compliance Management (MLCM)

McKonly & Asbury recently announce that M&L Compliance Management, LLC (MLCM) became part of McKonly & Asbury, LLP (M&A) effective April 1, 2022. MLCM was founded as a full-service housing compliance and management consulting firm that specializes in the Federal Low Income Housing Tax Credit (LIHTC), Federal HOME, Section 8 and Rural Housing 515 Programs. McKonly & Asbury was founded in 1973 and began serving affordable housing developers in 1977. Affordable housing services remains a cornerstone for the firm, with deep, specialized experience in financial statement audits, tax return preparation, 10% and 50% tests, development cost certifications and other LIHTC-specific issues.

RKL Names New COO

Michael De Stefano is new chief operating officer for RKL. The CPA and advisory firm said De Stefano was promoted from CFO and joined the firm’s partnership April 1. In the new COO role, De Stefano will oversee the firm’s finance, IT, HR, administrative support and building and asset management functions, the company said. CEO Ed Monborne will remain focused on executing RKL’s strategic objectives and shaping the firm’s future through new service development, innovation, M&A opportunities, and leadership pipeline.

Samaritan Consulting Group Announces Name Change

Samaritan Consulting Group recently announced its name change from Samaritan Business Consulting under the leadership of the new director of consulting, Scott Snyder. Samaritan Consulting Group is a division of Samaritan Counseling Center, and the group’s goal is to build healthy minds and strong communities in businesses.

Saxton & Stump Lawyers and Consultants Announces New Hires

Saxton & Stump’s intellectual property team has welcomed attorney Andrew Mead and appointed attorney Andrew Oltmans as the new chair. Sarah Holloway has joined the firm’s Regulatory and Government Affairs, Environmental, Workplace Safety and Utilities, and Real Estate teams. Neil Devlin adds to the Death Care and Real Estate teams, and Jared Hershman will join the firm’s Healthcare Litigation and Mitigation team. Saxton & Stump has also hired Director of Operations Keith Verner. He will oversee the professionals who provide critical support to the firm’s clients, attorneys and consultants, including the finance, human resources, concierge, information technology, marketing and business development teams.

Warfel Construction Company Opens New Office

Warfel Construction Co. is expanding into Virginia. The general contractor announced it has opened an office in Winchester, in the state’s Shenandoah Valley. The move into Virginia is being led by Project Executive Steve Davis, accompanied by Director of Preconstruction John Costalas.

For inclusion in future issues of the Merit Shop Spokesman, please send your press releases to: kristi@abckeystone.org

22 14

Young Professionals

Spotlight

Meet David! Tell us about the role you play in your organization: I’m a Surety Client Service Associate at E.K. McConkey & Co., Inc., and I handle the day-to-day bonding needs of our construction clients, from prequalification letters to Consents of Surety, and everything in between.

Why do you wake up and go to work every day? The people! McConkey has consistently been a “best place to work in insurance,” and it certainly shows through in the people I work with, as well as our clients. I love taking the deep dive into insurance and construction industry topics, and I especially enjoy seeing the projects we touch come to fruition.

David Brubaker Surety Client Service Associate E.K. McConkey & Co., Inc. DBrubaker@ekmcconkey.com

How has your involvement in ABC Keystone provided you value in your professional life? Since I work on the insurance side of construction, I don’t typically get to see all the details that go into planning and estimating. ABC has provided a fantastic forum for discussion and networking that allows my peers and I to learn about the areas of construction we don’t see on an everyday basis. I feel that with each meeting, I gain knowledge and experience that I can use to better serve my clients.

What are your hobbies? Anything active! From skiing and snowboarding, to hiking, climbing, paddleboarding, and CrossFit, I love to be outside and moving. I try to do my shopping at York Central Market on weekends and support local businesses in my community. I’m a firm believer that the ‘little things’ in life often add up to be the most important.

What is your favorite inspirational quote? “We judge others by their actions and ourselves by our intentions." - Jayce O'Neal

Share with us a recent, favorite book: Empire of the Summer Moon by S. C. Gwynne

Young Professionals

Perspective

What Does Your Future Look Like? by: Lindsey Holby, CISR Elite, Surety Client Service Manager, McConkey Insurance & Benefits

"Life can only be understood backwards; but it must be lived forwards.” ― Søren Kierkegaard

’ve been asked a lot lately, “What’s your future look like” or “where do you see yourself in five years?” I’m going to be honest; I don’t know. That doesn’t mean that I don’t have goals or that I’m unmotivated. I just don’t know where my accomplishments will lead me, and I’m okay with that.

more tears than I care to admit, I managed to get my Pennsylvania Property and Casualty license. I worked for a year as a personal insurance agent before life sent me across the Commonwealth. A few years later, I ended up at McConkey and was introduced to the world of surety and the construction industry.

Ten years ago, if you would have told me I’d be working in the construction industry, I would have thought you were crazy. I was an English Literature major who had dreams of getting my graduate degree in American Literature.

It's been six years, and I love what I do. The relationships I’ve built with my carriers, my coworkers, and my clients have allowed me to learn the industry from different perspectives. It has made me a better person professionally and personally.

But graduate school costs money, so when I was fresh out of college and needing a job in a small town, I applied and was hired by a local insurance agency. After some late nights, a sinus infection, and

So, my advice to you is – it’s okay if you don’t have a threeyear or five-year plan. Sometimes, if you look too far in the future, you miss important opportunities along the way.

10 16

Chapter Calendar - Register Today! Career Development Education, Safety Training & Networking

April

May

4/19 - Negotiating for Win-Win Outcomes - Part of the Leadership 2.0 Series 4/20 - ABC Keystone’s Regional Construction Wake-up Call Southwest Region, OSS Health, York (Spring Series Start) 4/20 - Employment Laws, Compliance, and Minimizing Risk Part of the Human Resources Management Academy 4/21 - HSI Adult First Aid/CPR/AED 4/21 - Executive Leader Contractor Peer Group (CEO/Owners/Executive Leadership) Starts 4/25 - OSHA 30-Hour Construction 4/27 - ABC Keystone’s Regional Construction Wake-up Call Northeast Region, RKL, Reading (Spring Series) 4/27 - Submitting Certified Payroll – A No-cost Seminar Presented by Beneco 4/27 - ABC Keystone’s Cinco de Mayo Mixer – the Pre-Game Fiesta! Presented by Barley Snyder 4/29 - Mobile Elevating Work Platform (Aerial Lift) Training

Starts 5/2 - Dynamic Crew Leadership 5/4 - ABC Keystone’s Regional Construction Wake-up Call Capital Region, Penn Harris Hotel, Camp Hill (Spring Series) 5/4 - Successfully Managing Change – Part of the Professional Development Series 5/10 - Developing High Trust Teams - Part of the Leadership Development Series 5/11 - ABC Keystone’s Regional Construction Wake-up Call Lancaster Region, ABC Keystone, Manheim 5/11 - ABC Human Resources Contractor Peer Group 5/12 - Project Planning & Execution - Part of the Understanding the Construction Process Series 5/13 - HSI Adult First Aid/CPR/AED Starts 5/16 - ABC’s Project Management Institute (PMI) - Hosted by ABC Keystone, Manheim 5/18 - Job Descriptions, HR Recordkeeping and Reporting - Part of the Human Resources Management Academy Starts 5/18 - Basic Blueprint Reading 5/18 - ABC Keystone’s Apprenticeship Graduation & Craft Professional of the Year Ceremony - Clipper Magazine Stadium 5/19 - Electrical Safety – Protection Requirements from OSHA & NFPA 70E 5/20 - Competent Person for Excavation and Trenching 5/23 - Rough Terrain Forklift Training 5/25 - ABC Keystone’s Technology Day Presented by SMARTBUILD | Featuring: Sessions, Demonstrations, EXPO & Reception - ABC Keystone, Manheim Starts 5/27 - OSHA 10-Hour Construction

Barbara Holtzapple (Career Development) Kevin Keith (Safety)

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2022 Regional Construction Wake-up Call Series

Spring Regionals Coming Up this Month! SPRING 2022 Topic: Biden’s ‘Build Back Better’ or ‘Bad for Business Bill’

Prepare Your Business for the ‘BBB!’ Southwest Region, 4/20, at OSS Health, York Northeast Region, 4/27, at RKL, Reading Capital Region, 5/4, at Penn Harris Hotel, Camp Hill Lancaster Region, 5/11, at ABC Keystone, Manheim

With: Tom Davies, Esq. Harmon & Davies, P.C.

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ABC Keystone's

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March 10, 2022

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Thank You to Our Sponsors:

By: M ichael Metz-Topodas Esq., Cohen Seglias Pallas Greenhall & Furman PC

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The Construction Industry Economic Forecast & Contractor Agreements: How Economics & Law Fit Hand-to-Glove

ith the new year well underway, economic forecasters throughout the construction industry have weighed in with their assessment, analysis, and even projections for the coming year. Just a few weeks ago, ABC Keystone hosted Anirban Basu, ABC National’s Chief Economist, and possible secret agent, to give his industry outlook at the annual Economic Breakfast. His presentation not only reviewed and interpreted key metrics, but it also had implications for day-to-day business activities. As economics and law go hand-inhand, the emerging economic landscape drives how contractors should negotiate their contracts and the types of terms they should include. Basu’s talk conveyed a theme common among industry forecasts: lingering uncertainty with a dash of optimism. Owners’ desire to complete projects means industry growth will continue but not without perpetuating some drawbacks: demand outpacing supply, increased labor costs, and inflation across all sectors. All of these will impact dayto-day project construction in two all-too- familiar ways, supply chain-related delays and price escalations. Rather than accept the project losses these developments will likely create, savvy contractors can structure their written agreements to share this risk with others invested in a project. Material Delays Judging by conversations among contractors at the Economic Breakfast, many continue to confront difficulties in the availability and delivery for materials and specialty products, which lead to project delays. Compounding these problems with getting materials, a limited workforce makes keeping to a project scheduled almost impossible. Typically, contractors bear the risks from these challenges, but the present degree of uncertainty justifies sharing or spreading that risk across project stakeholders.

Shortages and uncertain lead times for materials and products often affect all contractors relatively equally. For example, if one electrician is struggling to obtain electrical metallic tubing, likely they all are. As a result, a general contractor or owner will likely have little success trying to shop around—either during bidding or even after a project has begun—for a better deal from one contractor to the next. Such leverage helps contractors protect themselves from materials delays and associated risks by successfully negotiating underlying key contract terms. To address the current supply-chain issues, standard force majeure clauses usually do not suffice. Typically, they do not expressly list unexpected long delivery times or unavailability of materials as covered force majeure events. So, contractors should seek to add such items to their agreements to remove any uncertainty that delivery and availability problems receive treatment as delay events beyond the contractor’s fault and exempt from any no-damages-fordelay clauses. Contractors should also negotiate terms regarding materials substitutions to ensure that owners or general contractors cannot seek delay damages when a contractor offers a reasonable substitute for a currently unavailable product. Contractors should also seek language that bars owners or GCs from recovering delay costs when they reject reasonable schedule modifications for unforeseen materials delays or long lead times. Along those same lines, contractors should seek express language that would excuse delays resulting from owner or general contractor taking too long to review and return submittals and allow a contractor to recover resulting costs. Price Escalation Similar to materials issues, contractors can distribute the risks from ongoing dramatic price changes by negotiating for price escalation provisions. Although such clauses come in almost endless varieties, they typically establish criteria

STEP - Safety Training & Evaluation Process

under which the owner or GC agrees to pay an increased intended arrangement. Further, counsel can coordinate contract price due to a rise in materials costs. For example, modifications to force majeure, delay, submittal, and delay a clause may require that should any material price rise clauses with all other contract language to prevent any Whatthe if time yourbetween company could 827% safer industry average? during execution andbe performance by than the conflicting or ambiguous language. more than 10%, the GC would compensate a portion of Founded in 1989 asactual a safety benchmarking and improvement tool, STEP has evolved into a world-class safety the subcontractor’s increased lumber costs. Other management system that dramatically improves safety performance among participants regardless of company size or provisions tie escalations to a specified price index for a type of work. Participating ABC member firms measure their safety processes and policies on 25 key components through specific product or other common, publicly recognized Michael Metz-Topodas a partner a detailed questionnaire with the goal of implementing or enhancing safety programsisthat reduce jobsite incidents. industry metric. Some contracts even allow escalation for at Cohen Seglias Pallas Greenhall & As a construction litigator, any amount, but Theprice STEPincrease process regardless is a criticalof component of subject having atoworld-classFurman safety PC. program, and that return on investment for he represents general contractors, approval under the change order process. As these examples companies participating in the STEP program is enormous. subcontractors, owners, designers, and illustrate, price escalation clauses often require detailed suppliers in through stages you of private, and language to establish the exact conditions and Takeprecise the first step towards achieving world-class safety by participating STEP, all whether are beginning your safety public, and federal projects. Michael terms foror adjusting the to subcontract price to materials journey continuing strengthen yourdue performance. helps clients navigate construction escalation costs. Parties should proceed carefully during Getting started with STEPtoisfocus free, on andfinding it can the helpbest you lower yourproject disputes, including delay subcontract negotiations and inefficiency claims, design and workers compensation arrangement that fits theinsurance project’s rates. circumstances. Conclusion Learn more at www.abcstep.org or contact: These general guidelines provide the goals of contract Kevin@abckeystone.org | (717) negotiation rather than the final 653-8106 terms. Those come through careful discussions among all parties and after careful consideration of the project’s unique features. Experienced counsel can ensure the final agreement’s language accounts for those issues and project characteristics so the final written contract reflects and carries out the parties’

construction defects, unforeseen site conditions, project scope disputes, and payment claims. He can be reached at: mmetz-topodas@cohenseglias.com

ABC Affinity Programs - Exclusively for Members & Employees! Saving Your Company Money and Offsetting Your Membership Dues Investment! ABC membership entitles you to significant discounts on a variety of business products and services. Here are just a few of the discounts you can receive as an ABC member:* • Vehicle Purchase Programs – ABC members can take advantage of discounts with General Motors. Some motor vehicle discounts extend to employees as well. • Vehicle Fleet Management with Enterprise Fleet Management – ABC members can save up to 15% on their fleet operational expense and receive the most aggressive manufacturer incentives in the industry. • FedEx – Save up to 50% on select shipping services. • Verizon Wireless – 22% monthly discount on calling plans; up to 35% accessory discount; also applies to employees. • Corporate Housing from Travelers Haven – simplify your lodging on out-of-town projects and save an average of 38% percent! • And more! To learn more about all of the ABC member discount programs, visit: www.abc.org/discounts. *Certain restrictions apply; subject to change.

Advocacy Update By: David G. Greineder, IOM ABC Pennsylvania Director of Government Affairs

n even-numbered years, April is traditionally a busy time for political campaigns. Candidates are raising money, talking with stakeholders, and knocking on doors. This year is no different, especially in a year where there are literally dozens of candidates running for office. ABC of Pennsylvania is committed to providing information to Chapters on the candidates running for office so you and your employees can be informed voters. First, some basic information: To vote in Pennsylvania, eligible voters must register with the Department of State. Registration must be completed at least 15 days before the election, which is May 2. First time voters must show proof of identification at their polling location. If a registered voter moved, had a name change, or wishes to change party affiliation, their registration needs to be updated with the new information, which can be done online. Also, Pennsylvania is a “closed primary” state, which means if a voter is not affiliated with a political party, they cannot vote in the primary, but they can vote on referendums if they appear on the ballot. Polls are open on May 17 from 7 am to 8 pm for voters that prefer to vote in-person. If a voter prefers to vote by mail, please carefully read the information on the Department of State’s website. All mail-in ballots must be RECEIVED by the voter’s local board of election by 8 p.m. on May 17.

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Information on where and how to register can be found at the Department of State’s website at: https://www.vote.pa.gov/Pages/default.aspx# Now, onto the candidates running for statewide office:

U.S. SENATE CANDIDATES (12 TOTAL)

Democrat (5): 1. Kevin Baumlin (Philadelphia) 2. John Fetterman (Allegheny County) 3. Malcolm Kenyatta (Philadelphia County) 4. Alexandria Khalil (Montgomery County) 5. Conor Lamb (Allegheny County) Republicans (7): 1. Kathy Barnette (Montgomery County) 2. Jeff Bartos (Montgomery County) 3. George Bochetto (Philadelphia County) 4. Sean Gale (Montgomery County) 5. David McCormick (Allegheny County) 6. Dr. Mehmet Oz (Montgomery County) 7. Carla Sands (Cumberland County)

GUBERNATORIAL CANDIDATES (10 TOTAL) Democrat (1): 1. Josh Shapiro (Montgomery County)

Republicans (9): 1. Lou Barletta (Luzerne County) 2. Jake Corman (Centre County) 3. Joe Gale (Montgomery County) 4. Charlie Gerow (Cumberland County) 5. Melissa Hart (Allegheny County) 6. Doug Mastriano (Franklin County) 7. Bill McSwain (Chester County) 8. David White (Delaware County) 9. Dr. Nche Zama (Lackawanna County)

LIEUTENANT GOVERNOR CANDIDATES (12 TOTAL)

The election will have an impact on Pennsylvania’s future – including how the commonwealth responds to critical workforce needs. That is why ABC Pennsylvania believes it is important to support candidates who are committed to defending free enterprise and the merit shop philosophy.

Democrats (3): 1. Austin Davis (Allegheny County) 2. Brian Sims (Philadelphia County) 3. Ray Sosa (Montgomery County)

Republicans (9): 1. John Brown (Northampton County) 2. Jeff Coleman (Cumberland County) 3. Teddy Daniels (Wayne County) 4. Carrie Lewis Delrosso (Allegheny County) 5. Russ Diamond (Lebanon County) 6. Chris Frye, Jr. (Lawrence County) 7. James Jones (Montgomery County) 8. Rick Saccone (Allegheny County) 9. Clarice Schillinger (Montgomery County)

If you are not signed-up to receive email alerts, please download the “ABC Action App” from the app store on your mobile device, or at abc.org/abcaction.

Candidates running for state House and Senate seats have filed their petitions to get on the ballot. We know that there will be a lot of changes next year, as 36 legislators announced they are either retiring or seeking higher office. ABC of Pennsylvania will keep a running list of the candidates and winners of the primary election.

Celebrate the Graduating Class of 2022 & the Craft Professionals of the Year! Wednesday, May 18, 2022

2022

Apprenticeship Graduation Craft Professionals of the Year Ceremony

5:30 pm – Registration & Ballpark Buffet Dinner 6:30 pm – Program

Clipper Magazine Stadium (Home of the Lancaster Barnstormers!)

Who Wants to Wait Until May?! Let’s Mix Now!

Join an elite group Join ABC at the Pre-game Fiesta for an early of contractors!

abc.org/aqc Cinco de Mayo Mixer with ABC members – Happening on Veintisiete de Abril! When you choose to work with an ACCREDITED QUALITY CONTRACTOR (AQC), you choose to work with the best of Associated Builders and Contractors’ more than 21,000 member firms.

The AQC designation provides national recognition to construction firms that demonstrate their commitment to corporate responsibility in quality, safety, craft and management education, talent management and diversity, and community relations.

MIX IT UP at the MIXER with Margaritas, Nachos, Tacos, Music, Members + More! Presenting Sponsor

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