Construction Outlook April 2021

APRIL | 2021 UCANE Interview :

Representative K ate L ipper-G arabedian

• President Biden Releases Infrastructure Proposal • OSHA A nnounces 2020 List of Top 10 Most Frequently Cited Standards • UCANE’s 41st A nnual Golf Classic

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APRIL, 2021

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IN THIS ISSUE

OFFICERS President MARCELLA ALBANESE Albanese Bros., Inc.

President-Elect RYAN McCOURT

McCourt Construction Company

Treasurer BRIAN COONEY

C. C.Construction Inc.

Secretary CHRIS VALENTI

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BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

NICK BIELLO

J. D’Amico, Inc.

MIKE BISZKO, III

Biszko Contracting Corp.

ANDREW DANIELS J. Derenzo Co.

GEORGE DeFELICE

DeFelice Corporation

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

JOE GIOIOSO

P. Gioioso & Sons, Inc.

DAN HORGAN

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

LISA FRENCH KELLEY

W. L. French Excavating Corp.

BILL LEONARD

Aqua Line Utility, Inc.

JOHN OUR

Robert B. Our Co., Inc.

QUERINO PACELLA

RJV Construction Corp.

RICHARD PACELLA, JR. R. M. Pacella, Inc.

BRIAN RAWSTON

Jay Cashman, Inc.

FRED ROGERS

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ERIK SVEDEN

C. N. Wood Company, Inc.

JORDAN TIRONE

DeSanctis Insurance Agency, Inc.

DAVID WALSH

Pawtucket Hot Mix Asphalt

JEFF MAHONEY

Executive Director

5 President’s Message:

Federal Infrastructure Bill Must Cross the Finish Line

7 Legislative Update:

• Water Infrastructure Alliance Highlights Priority Areas for 2021-2022 Legislative Session • New Law Provides Unemployment Insurance Relief and Emergency Paid Leave for COVID-19 • Baker-Polito Administration Awards $3 Million to Public Water Suppliers to Address PFAS Contamination • Newly Filed Legislation to Prevent Clogged Pipes Gets Attention • News in Brief

19 UCANE Interview:

Representative Kate Lipper-Garabedian (D-Melrose)

23 Legal Corner:

The Massachusetts Prompt Payment Act and Retainage on Public Projects

27 Save the Date: UCANE’s 9th Annual Trade Show 29 Labor Issues:

What Employers Need to Know About the American Rescue Plan of 2021

33 President Biden Releases Infrastructure Proposal 34 UCANE Member Jolin Paving & Excavating Doesn’t Let Winter Slow Them Down 43 U.S. Representative Seth Moulton Introduces Federal Bill Addressing Sewer Overflows 47 OSHA Announces 2020 List of Top 10 Most Frequently Cited Standards 51 Insurance Perspective:

Cyber Attacks Top Todays Risk to You and Your Company

55 UCANE’s 41st Annual Golf Classic 57 Safety Corner:

Drive Safe...Work Safe...Save Lives!

63 Spotlight on Cape Cod:

Mashpee Selectmen Send Sewer Construction Project to Town Meeting

67 UCANE Member Testimonials Editor: Jeff Mahoney, Senior Editor: Anne Klayman, Associate Editor Suzanne Hatch, Magazine Designer/Assistant Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan Construction Outlook Chair: Marcella Albanese Editorial Board: Marcella Albanese, Ryan McCourt, Brian Cooney, & Chris Valenti CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; Email: jmahoney@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Brockton, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

Federal Infrastructure Bill Must Cross the Finish Line Construction Outlook Magazine, and this space in particular, uses every opportunity possible to promote and advocate for adequate funding for drinking water, wastewater, and the need for underground utility infrastructure construction projects to go forward. It is a core element of UCANE’s mission. While we have been successful over the years, the level of success can be determined by several factors, including economic conditions and the political will of our elected officials. There is no doubt that the pandemic has presented significant challenges this past year, however, it may now provide an opportunity to help fund much needed infrastructure projects as there is a very real possibility that a long-awaited infrastructure bill will be approved by congress.

B

y now most of us have seen or heard news reports about the President’s $2 trillion infrastructure proposal. With a bill of this size, there will no doubt be much debate and scrutiny over where and how to spend federal dollars as a way to stimulate the economy post-pandemic.

However, one aspect of the bill that may provide for bipartisan agreement is its plan to upgrade our drinking water and wastewater infrastructure.

The Administration’s Plan proposes a $111 billion investment to improve our water infrastructure.

The recommendation is that $56 billion go toward water and sewer projects. Another $45 billion would help eliminate lead pipes and service lines.

And finally, the plan includes $10 billion in funding to monitor and remediate PFAS in drinking water, and to improve small rural water systems and household wells and wastewater systems.

Most of this funding would be distributed through the existing State Revolving Fund (SRF) Loan Program. (See article on page 33). This water funding proposal is very similar to bipartisan bills in Congress already moving through both the House and Senate. There have been discussions to move smaller portions of the infrastructure bill APRIL, 2021

as stand-alone measures instead of one comprehensive bill, so the water infrastructure component could be one of the first to be considered.

There is certainly little argument about the need for this investment. In the most recent “Report Card for America’s Infrastructure,” the American Society of Civil Engineers, gave wastewater a D+, drinking water a C-, and stormwater a D. Over recent years, the federal government has not done its part.

In the late 1970s, the federal government provided over 60 percent of the total water infrastructure spending in the United States. It now contributes less than 5 percent. The burden too often falls on state and local officials, which makes it all too easy to delay and “kick the can down the road” on critical projects, simply because the underground infrastructure is “out of sight and out of mind.” The federal government must do more.

The latest federal proposal can go a long way to restoring an equitable balance between federal, state, and local officials to begin to close the water infrastructure funding gap. It is imperative that this proposal cross the finish line. n

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5

Mark Molloy, Esq., Cascade Strategies LLC

Water Infrastructure Alliance Highlights Priority Areas for 2021-2022 Legislative Session

W

ith discussions centering around the impacts of the COVID-19 pandemic and the importance of our infrastructure systems, the Water Infrastructure Alliance (WIA) recently sent a letter to the House and Senate leadership identifying some key areas of interest in the 2021-2022 legislative session. The WIA, comprised of a diverse array of public water supply and clean water organizations, environmental groups, construction and engineering associations, and municipal and regional advocacy organizations, asked the Massachusetts legislature to consider ways to increase funding that will assist municipalities and regional water utilities in managing reduced funding as a result of the COVID-19 pandemic, implementing a variety of new regulations, as well as meeting existing obligations for maintaining aging water infrastructure systems.

The letter, signed by 18 member groups of the WIA, including UCANE, highlighted the difficulty often associated with water infrastructure issues that are “out of sight and out of mind.” As the current pandemic has shown, the ability to respond to public health, environmental, or economic development challenges is dependent on the reliability and strength of our water infrastructure system.

In particular, the WIA noted: “The COVID-19 pandemic did not spare our water infrastructure systems. Some municipal and regional water utilities, which have large commercial customer bases and rely on revenue from their commercial water and sewer rates, saw significant declines in revenue as businesses shuttered and moved to remote work operations.

Moreover, the financial impact of the COVID-19 pandemic has meant that communities have also seen a reduction in residential fee collections as ratepayers struggle to make ends meet. Municipal and regional water utilities, which balance tight budgets in a normal year, must continue to play a major role in ensuring our water systems are safe and clean, even in a year of reduced revenues.

As a result, they need additional funding to meet their existing operational obligations.”

APRIL, 2021

The WIA letter further highlighted that in light of reduced revenue forecasts, many municipalities and water systems are still trying to navigate a host of new regulatory requirements. With new regulations governing PFAS, stormwater management (MS4), lead and copper content, and notifications related to combined sewer overflows, municipalities and regional water utilities are struggling to balance the competing needs. As a result, the WIA has asked House and Senate leadership to consider mechanisms for helping regulated entities meet these new requirements.

Finally, in addition to advocating for strong funding for the Massachusetts Department of Environmental Protection (MassDEP), the WIA letter highlighted the importance of continuing to support the efforts of the Massachusetts Clean Water Trust (CWT), through the contract assistance line-item, as it works with municipalities and regional water utilities to close the water infrastructure funding gap. To this end, the WIA noted: “The Massachusetts Clean Water Trust (CWT) has been an invaluable resource in addressing the Commonwealth’s funding gap. We believe the Governor’s recent FY22 budget proposal, which drastically reduces funding to the contract assistance line-item, to be short sighted and will only further exacerbate the funding gap. The CWT maximizes this funding to expand assistance to municipalities and regional water systems to meet our shared water infrastructure needs. To encourage the Commonwealth’s further economic recovery, we need to increase funding, not decrease it, for appropriations such as the contract assistance line-item (1599-0093) that directly leads to job growth, better public health and safety and a cleaner environment.”

The WIA was formed as the Massachusetts legislature began looking closely at the Commonwealth’s water infrastructure funding gap in 2014. Since that time, the coalition has met on a regular basis to bring groups together to discuss the issues that impact the Commonwealth’s water infrastructure. continued on page 9

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Legislative Update continued from page 7

New Law Provides Unemployment Insurance Relief and Emergency Paid Leave for COVID-19

A

s reported by the State House News Service, the very first day of April saw Governor Charlie Baker sign the long-discussed unemployment relief legislation authorizing $7 billion in borrowing to stabilize the unemployment insurance system, establishing a paid sick leave program for COVID-19 emergencies, and reducing the size of premium increases employers face to fund the jobless benefits system. In an effort to align the bill’s paid sick leave provisions with federal law, the Governor did return a number of sections pertaining to the same for adoption.

Under the new measure, unemployment assessment rates will be frozen for the next two years, with a 16% cap in place for the next year. Massachusetts employers had otherwise faced a roughly 60% average increase in the taxes paid to fund the unemployment system. The bill also imposes an additional surcharge on employers through 2022 to pay back interest on the federal loans, which works out to roughly $57 per employee in 2021 and $66 per employee in 2022.

The new law creates a $75 million COVID-19 emergency sick leave program, allowing full-time

workers to access up to 40 hours of paid time off if they contract the virus, need to quarantine, or must care for a family member affected by the pandemic. Part-time workers would also qualify for varying amounts of time off. Under the new law, employees are eligible for up to five days of paid leave under a program that Baker said is similar to a federal COVID-19 paid leave program and applies to "employees who are sick with, isolated or quarantined due to COVID-19, or are securing immunization, or caring for family members in the same circumstances."

As well, state law now reflects the federal level of unemployment compensation ($10,200), received by certain individuals with lower incomes in 2020 and 2021, which is exempt from state taxes. The new law also ensures that, for tax purposes, forgiven Paycheck Protection Program loans and Economic Injury Disaster Loan advances are also excluded from gross income, regardless of how businesses are organized. Finally, the new law creates a commission to analyze the state’s unemployment insurance system to recommend potencontinued on page 11 tial improvements in the future.

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Legislative Update continued from page 9

Baker-Polito Administration Awards $3 Million to Public Water Suppliers to Address PFAS Contamination

M

id-March saw the Baker-Polito Administration announce the awarding of $3 million in grants to 17 public water supply systems to support efforts to address elevated levels of per- and polyfluoroalkyl substances (PFAS) in drinking water.

The grants were awarded to water systems serving Abington and Rockland, Cambridge, Chelmsford, Cohasset, Danvers and Middleton, Dudley, Hopedale, Littleton, Mansfield and Foxborough, Millis, Natick, North Attleborough, Sudbury, Topsfield, Westborough, Westfield, and Woburn for expenses related to the design and planning of treatment systems that protect drinking water against PFAS. The grants were funded as part of $8.4 million made available as part of $28.4 million included in two supplemental budgets for water infrastructure and PFAS testing. Through the supplemental budget, $20 million was appropriated to the Commonwealth’s Clean Water Trust, providing financing that can be used by communities to address contamination issues. More than $8.4 million of the new funding supports a statewide sampling program for public water supplies and private wells, including this grant program. Conducting statewide testing of drinking water for PFAS will provide the data to support the Massachusetts Department of Environmental Protection’s (MassDEP) strategy for treatment and mitigation of this emerging contaminant.

In September 2020, the Administration announced the first round of grants, awarding $1.9 million to 10 public water supply systems. Along with a variety of other organizations, UCANE advocated for these funds in the various supplemental budget packages.

As described in the press release on this mat-

ter issued by the Massachusetts Executive Office of Energy and Environmental Affairs (EEA), PFAS compounds are a family of chemicals widely used since the 1950s to manufacture common consumer products and used in some legacy fire-fighting foams.

Drinking water may become contaminated if PFAS deposited onto the soil seeps into groundwater or surface water. PFAS have been linked to a variety of health risks, particularly in women who are pregnant or nursing, and in infants. In October, the Baker-Polito Administration established the current 20 parts-pertrillion (ppt) for PFAS in drinking water and required water systems to regularly test for the contaminants.

The grants announced will provide funding to water suppliers for the necessary planning, studies, pump tests, and engineering and design work necessary to remove PFAS contamination from water systems.

To assist communities that have already expended funds to address elevated levels of PFAS, many of the awards reimburse eligible costs already expended.

All community public water systems are required to test for PFAS6. Large public water supplies, those serving a population of 50,000 or more, were required to begin their initial PFAS6 tests as of January 1, 2021. Public water supplies serving populations between 10,000 and 50,000 will begin initial tests April 1, 2021, and those serving a population of less than 10,000 will begin testing October 1, 2021.

For additional information on the PFAS awards and the grants program, please visit: https://www. mass.gov/info-details/water-resources-grants-financial-assistance#pfas-treatment-grantcontinued on page 13

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T

Newly Filed Legislation to Prevent Clogged Pipes Gets Attention

he MetroWest Daily News recently highlighted a legislative initiative, championed by the Wastewater Advisory Committee, which would require flushable wipes to be labelled appropriately. The measure is similar to regulations that exist in the state of Washington, and also under consideration in California, Illinois, Oregon, and Minnesota.

Known as “An Act Protecting Water Systems Through the Labeling of Flushable Wipes,” the legislation was filed by the House Chair on the Joint Committee on the Environment, Natural Resources and Agriculture, Representative Carolyn Dykema (D-Holliston) and the Senate Chair of the Joint Committee on the Judiciary, Senator Jamie Eldridge (D-Acton), respectively. The bill tasks manufacturers of non-flushable products such as facial, household cleaning, or baby wipes with marking their products with a clear, visible “Do Not Flush” label. The label, which would take up at least 2% of the “principal display panel” of a wipe’s container, would show a clear, unobscured “Do Not Flush” message for consumers. The legislation would also empower the MassDEP to enforce the same provisions and collect civil penalties from manufacturers that continue to sell unmarked non-flushable wipes.

APRIL, 2021

The issue of “flushable wipes” has plagued municipalities for some time. While originally designed for hospital settings and the care of infants, moistened wipes for all types of purposes have become popular in the past ten or so years. As a result, wastewater treatment plants have become inundated with the remains of so-called “flushable wipes” that do indeed “flush” down the toilet, but do not actually dissolve or break apart like toilet paper. Individual municipalities have started information campaigns to dissuade flushing said products (i.e. https://www. lexingtonma.gov/water-and-sewer/news/wipes-labeled%E2%80%9Cflushable%E2%80%9D-can-cause-damage-sewer-systems), but little has been done relative to direct-to-consumer warnings on packaging. It is anticipated that manufacturers and some retailers, depending on the eventual effective date, of these products will oppose this initiative for a variety of practical and financial reasons.

To review the filed matter, please visit: https://malegislature.gov/Bills/192/HD1625; the MetroWest Daily News coverage may be found at: www.metrowestdailynews.com/ story/news/2021/03/19/eldridge-dykema-bill-seeks-getnon-flushable-wipes-out-sewer-systems/4755841001/.

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Legislative Update continued from page 13

News in Brief •

Governor Finally Signs Legislature’s Signature Green Energy Bill. As detailed in previous Legislative Updates within Construction Outlook, Governor Baker finally signed legislation that updates the greenhouse gas emissions limits related to the 2008 Global Warming Solutions Act and commits Massachusetts to achieve net zero emissions by 2050. The Governor, who secured a variety of amendments he sought, will now direct the Secretary of EEA to establish an emissions limit of no less than 50% for 2030, and no less than 75% for 2040.

The new law also authorizes the EEA to establish overall emissions limits every five years and create sublimits for at least six sectors of the Massachusetts economy - electric power; transportation; commercial and industrial heating and cooling; residential heating and cooling; industrial processes; and natural gas distribution and service. The legislation also expands Massachusetts Environmental Policy Act (MEPA) review to require an Environmental Impact Report for all projects that impact air quality within one mile of an Environmental Jus-

•

tice Neighborhood and requires the MassDEP to conduct a stakeholder process to develop a cumulative impact analysis as a condition of permitting certain projects. To review the new law and its host of provisions relating to the emissions, gas infrastructure safety, and green energy, please visit: https://malegislature.gov/ Laws/SessionLaws/Acts/2021/Chapter8.

DOR Extends Tax Deadline. The Massachusetts Department of Revenue (DOR) announced the extension of the 2020 state individual income tax filing and payment due date from April 15 to match the recently-updated May 17 deadline for filing federal individual income taxes. According to the DOR, Massachusetts taxpayers do not need to file any forms or contact the DOR directly to qualify for this automatic state tax extension. All Massachusetts taxpayers who received more than $8,000 in total gross income in calendar year 2020 must file a state personal income tax return electronically or send it postmarked by midnight May 17, 2021. Taxpayers are encouraged to file continued on page 15

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Mayor Janey Names Key Leadership. With former Mayor Marty Walsh now United States Labor Secretary Marty Walsh, City Council President Kim Janey is now the 55th Mayor of the City of Boston. Upon assuming the City’s top position, Mayor Janey announced her new leadership team. Of note: Mr. Chris Osgood, who previously served as Chief of the Streets, Transportation and Sanitation, has been named Chief of Staff. Ms. Mary Churchill has been named Chief of Policy and Planning, with Ms. Stephanie Garrett-Stearns and Mr. Samuel Hurtado as Senior Advisors. Mr. Omar Boukili will serve as Senior Advisor on COVID-19 response and strategic initiatives and Ms. Lindsey Butler will serve as Deputy Chief of Policy.

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•

DPH Releases Anticipated Study on Link between Childhood Cancer Rates and Carcinogens in Water. According to a press release by the agency, the Massachusetts Department of Public Health’s Bureau of Environmental Health (DPH) has completed a long-running epidemiological study evaluating potential environmental contributors to elevated rates of childhood cancer observed in the town of Wilmington during the 1990s.

Results of the study suggest an association between maternal (i.e. prenatal) exposure to carcinogenic compounds previously contaminating the Wilmington public water supply and development of childhood cancer, particularly leukemia or lymphoma, during this time period. A state epidemiological investigation was launched in 1999 after concerned Wilmington residents and the Board of Health contacted DPH about a suspected cluster of childhood cancer beginning in 1990 in the south and west sections of town. To review the DPH’s report, please visit: https://www.mass.gov/infodetails/reports-by-citytown-w#wilmington-. n

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Representative K ate Lipper-Garabedian (D-Melrose)

Representative Lipper-Garabedian represents the 32nd Middlesex District, which includes all of Melrose and parts of Wakefield and Malden, and she believes passionately in the role government can play in supporting individuals and their families. Growing up, her parents were newspaper reporters, and family dinner conversations often included discussions on events happening at the local, state, and national levels. She learned early on that the policies our elected officials enact have powerful, long-lasting effects on communities and people.

Her first job was as a seventh-grade public school teacher in an economically disadvantaged neighborhood of Atlanta, Georgia. After graduating from law school, and working a year as a judicial clerk in the federal courts, Representative LipperGarabedian spent more than a decade as an education attorney. Her main focus was supporting states, school districts, colleges and universities, and nonprofit organizations in an effort to improve outcomes for students. Later, she served as Chief Legal Counsel at the Massachusetts Executive Office of Education for more than five years, and from 2018-2020, she served as a Melrose City Councilor-At-Large.

When the State Representative seat became vacant, Representative Lipper-Garabedian decided to take what she loved about both positions, a government attorney and a local elected official, and combine them into one job that would allow her to continue to support the District and the Commonwealth. In her elected roles, she has worked to raise the bar for resident engagement, providing frequent updates on what is happening first at City Hall and now the virtual State House, writing comprehensive newsletters, and responding to all constituent outreach.

As her first full session as a State Representative gets underway, she has been appointed Vice Chair of the Joint Committee on Elder Affairs and is a member of the Joint Committees on Telecommunications, Utilities and Energy; Public Service; and Financial Services. Representative Lipper-Garabedian lives in Melrose with her husband Mark, sons Harrison and Oscar, and their family dog Baryn.

Q:

With citizens being asked to stay at home more during the pandemic, access to clean drinking water and proper management of wastewater is critical. Please give us your thoughts relative to the importance of maintaining our drinking water, wastewater, and utility infrastructure.

A:

Underground infrastructure may not be visible on a daily basis, but there are plenty of reminders about how much we depend on it. The recent events this winter in Texas reinforce the importance of investment in our utility infrastructure. During my tenure as a City Councilor, Melrose made national news when a sewage main blockage and backup forced families out of their homes for months. The City undertook an exercise to inventory and code all water and sewer pipes (something it had done for our roads) to inform, repair, and replacement prioritization. I recently listened to a news story regarding how many people APRIL, 2021

are investing in their homes during COVID-19, undertaking improvement projects or upgrading furniture, appliances, and other home goods. We should be thinking about our water, wastewater, and utility infrastructure in similar terms – critical in our daily lives and for our health and safety.

Q: A:

What do you believe will be the greatest challenges for your district and region with regard to economic recovery?

COVID-19 has created multiple widespread crises. At its core, the disease is an ongoing public health pandemic. It also has led to widespread financial fallout affecting so many households, and has caused or deepened significant mental health challenges. To recover economically, the 32nd Middlesex District will need to see federal, state, and local revenue directed effectively to support continued on page 21

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Interview continued from page 19 a shared, sustainable recovery. That includes an investment to restore MBTA service (commuter rail, subway, and bus) and improve our aged mass transit infrastructure. Affordable access to quality public transportation was the top priority of my constituents, pre-pandemic.

While work patterns undoubtedly will shift post-pandemic, mass transit must continue to be prioritized to ensure we empower our workforce (and their clients and customers) to access places of business safely and efficiently. Moreover, mass transit is a necessary strategy for responding to the climate crisis, another top concern of residents here. Melrose, Wakefield, and Malden are also home to vibrant commercial districts supported by small businesses that employ many of

our neighbors. Small businesses help drive our local economies, improve our quality of life, and serve as important community partners in various initiatives; we’ll need to look for opportunities to support them in the COVID-19 recovery.

Q: A:

How has your job changed with the requirements of social distancing and working remotely?

I was sworn in on the Grand Staircase of our State House on March 25, 2020, at the beginning of the Massachusetts state of emergency, and became the first legislator in Massachusetts to begin my tenure entirely remotely. To date, I have not taken a vote in the House chamber. I’m not sure which desk is mine in the office suite to which I was assigned. But that hasn’t stopped me from being a strong advocate for the District, assisting my neighbors, and working with legislative colleagues to advance and enact important policies in the Commonwealth. n

Finally, as a former teacher and the mother of a second grader, it’s not an exaggeration to say that the impact of the pandemic on our children, including with respect to learning loss, keeps me up at night. We must be thoughtful and bold about how to support our learners, the future workforce, in the years to come.

Q:

As we continue to recover from this crisis, please give us your thoughts on how the state will continue to provide local aid to cities and towns to help support basic municipal services, specifically water and utility infrastructure.

A:

I’m pleased that the Commonwealth’s FY21 budget did not involve any drastic cuts despite the impact of COVID-19, instead identifying one-time sources of revenue and drawing down the state reserve, leaving $2 billion for future years. This included continued appropriations to our cities and towns in chapter 70 school aid and chapter 90 unrestricted local aid, the latter of which can be employed to support efforts in water and utility infrastructure. As a former city councilor, I will work with my colleagues to continue to ensure that municipalities are prioritized in the state budget process through these and other line items, such as the Clean Water Trust program.

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Construction & Public Contracts Group, Hinckley Allen, LLP

Christopher Morog Partner

Robert T. Ferguson Partner

The Massachusetts Prompt Payment Act and Retainage on Public Projects We would like to take this opportunity to thank UCANE and all who attended our recent Webinar addressing the Massachusetts Prompt Payment Act and retainage issues on public projects. We hope you found the information useful as you navigate payment and retainage issues on both private and public projects in Massachusetts.

F

or those of you who may have missed the Webinar, we outlined important aspects of the Massachusetts Prompt Payment Act (PPA) applicable to private projects with a prime contract value of $3 million or more. If the project falls within the scope of the PPA, then the requirements of the statute apply not only to the prime contract, but also to subcontracts and sub-subcontracts. Contract terms that conflict with the PPA are deemed to be void and unenforceable.

Generally speaking, the PPA sets strict time limitations for the submission, approval/rejection, and payment of: (1) written applications for periodic progress payments; and (2) written requests seeking an increase in the contract price. In order to reject (in whole or in part) an application for payment or a request for an increase in the contract price, a contracting party must make the rejection in writing, provide the factual and contractual basis for the rejection, and certify that the rejection is made in good faith. Contracting parties that fail to comply with the statutory requirements run the risk that a given application for payment or request for an increase in the contract price may be deemed to have been approved.

This was the subject of a recent Superior Court decision in Tocci Building Corp. v. IRIV Partners, LLC, et al. In that case, the project APRIL, 2021

owner did not properly reject the contractor’s applications for payment; the owner did not provide written rejections stating the factual and contractual bases for rejection and did not certify that the rejections were made in good faith. As a result, the Superior Court deemed those applications to have been approved and issued an award in favor of the contractor in the amount of the payment applications. The case is on appeal.

Our discussion of the PPA also addressed the related Retainage Law, which also generally applies to private projects with a prime contract value of $3 million or more. That statute caps retainage on progress payments at 5% and establishes a detailed procedure for the release of retainage. continued on page 25

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When it comes to public projects, we examined the statutory provisions of M.G.L. c. 30, § 39G (applicable to horizontal projects), § 39K (applicable to vertical projects), and § 39F (adGreen Beam Pipe Laser dressing payment to subcontractors, as defined in the statute). Generally speaking, Sections Compact & Powerful!

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Phone: 603-623-0188 • www.eastpointlasers.com In addition to the statutory scheme, retainage issues on public projects can vary from one awarding authority to another. For its part, MassDOT includes a provision in its Standard Specifications that precludes contractors from withWater Works Specialist holding retainage on any subconJohn Hoadl Water Works Specialist Tel:781-878-8098 Fax:781-878-5298 Water Works Spe tracts. But not all awarding authorTel:781-878-8098 Tel: 781-878-8098 Fax: 781-878-5298 ities follow the same approach. In addition, some contracts –“Our includ-Products Are the Most Trusted Names in the Industry” “OurIndustry” Products Are the Most Trusted N “Our Products Are the Most Trusted Names in the ing certain MBTA contracts – may � U.S. Pipe ● Cultec � U.S. Pipe ● Cultec Chambers � Mueller Fire Hydrants ● Nation • U.S. Pipe • Cultec Chambers not be subject to the statutory Mueller Tapping Sleeves & Valves ● ADS P Fire Pipe & Plastics • Hydrants Mueller Fire Hydrants ● National • National Pipe�� &Smith Plastics requirements of Chapter �30, Mueller §§ Blair Clamps & Couplings ● Genera Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers • Mueller Tapping Sleeves & • &ADS Pipe & Chambers Mechanical Services 39G, 39K, and 39F. As a�result, � Tapping Sleeves & Gates Installed • Smith Blair Clamps & Couplings • General Foundry Castings � Smith Blair Clamps & Couplings ● General Foundry Castings when navigating payment issues � Line Stop / EZ Valves Mechanical Services on public projects – including with � Cutting of Chilled Water Lines & Mechanical Services � Pressure Testing & Disinfection o respect to retainage – it is criti� Tapping Sleeves & Gates Installed / Cut � Installation & Testing of Backflow • Tapping Sleeves & Gates Installed / Cut cal to understand the applicable � Large Diameter Hydraulic Pipe C � Line Stop / EZ Valves • Line Stop / EZ Valves � Hydrant Installation & Repair statutory scheme, as well as the � Cutting ChilledWater WaterLines Lines&&Steam SteamLines Lines � Electronic Leak Detection • Cutting of of Chilled specific provisions of the contract “Water-Sewer-Drain Supplies at a Com • Pressure Testing &&Disinfection � Pressure Testing DisinfectionofofNew NewMains Mains www.hoadleyandsons.com documents for each particular • Installation && Testing ofof Backflow � Installation Testing BackflowPreventers Preventers 24 24Hours Hours672 Union Street Rockland, MA project, including without limita• Large Diameter Hydraulic Pipe Cutting Sales& Service Sales & Service � Large Diameter Hydraulic Pipe Cutting tion, any project specific addenda, • Hydrant Installation & Repair Serving ofof Servingallall � Hydrant Leak Installation & Repair or supplemental or special proviNew • Electronic Detection NewEngland England � Electronic Leak Detection sions.

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APRIL, 2021

SAVE THE DATE

UCANE’s 9th Annual Trade Show September 22, 2021

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

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

In addition to placing your ad in our magazine, it will also be on our website, and in our monthly E-Newsletter.

Space is limited, so if you would like to place an ad in our magazine and reserve a booth at our Trade Show, please contact Suzanne Hatch as soon as possible at shatch@ucane.com.

Lisa A. Zaccardelli

Hinckley Allen Labor & Employment

Julianna Malogolowkin

What Employers Need to Know About the American Rescue Plan of 2021 On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (the Plan). The historic $1.9 trillion bill contains several provisions of note for employers.

Extension of the Families First Coronavirus Response Act Tax Credit

T

he Plan extends the availability of tax credits under the Families First Coronavirus Response Act (FFCRA) through September 30, 2021. As employers may recall, the last round of stimulus legislation extended tax credits through March 30, 2021.

The extension was not mandatory. Likewise, the Plan does not mandate that employers provide leave under the FFCRA. Rather, it extends the tax credits to offset the costs for employers who choose to provide FFCRA leave.

The Plan makes a few modifications to the leave benefits: • It adds three new covered reasons for leave; • Obtaining a vaccination • Recovering from injury, disability, illness, or condition related to vaccination, and • Seeking or awaiting results of a test when an employee has been exposed to COVID-19 or the employer requests such a test • The Plan resets the clock for paid sick leave. As of April 1, 2021, employers may offer a new allotment of leave, 10 days of sick leave.

• The Plan expands the Emergency Family Medical Leave Act (EFMLA), allowing employees to

APRIL, 2021

•

• •

take leave for all FFCRA qualifying reasons. This includes the newly added reasons above.

The Plan removed the two-week unpaid waiting period on EFMLA. The first two weeks now are paid at two-thirds (2/3) of the regular rate of pay and eligible for a tax credit.

The Plan also raises the minimum tax credit available for EFMLA to $12,000 per employee.

The Plan includes non-discrimination rules for employers providing FFCRA leave. Tax credits are disallowed for employers that discriminate with respect to: highly compensated employees, full-time employees, or on the basis of tenure. continued on page 31

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Labor Issues continued from page 29 Unemployment Benefits The Plan extends the three unemployment programs made available under the Coronavirus, Aid, Relief, and Economic Security Act (the CARES Act) through September 6, 2021. They were set to expire after March 14, 2021. The Pandemic Emergency Unemployment Compensation Assistance and Pandemic Unemployment Assistance are continued at the current $300 per week rate.

Additionally, the Plan makes the first $10,200 in unemployment received by workers in 2020 non-taxable for households with income less than $150,000.

ers or insurers will offset the cost by claiming a credit against payroll taxes.

Employers will have to provide notice of a special enrollment period to eligible participants who have not yet elected coverage. The Department of Labor will issue model COBRA notices addressing the subsidy and more guidance is expected.

Conclusion We will keep a close eye on further guidance issues by the Department of Labor and IRS and provide updates as warranted. If you have questions about any aspect of this new law and its impact on you and your workplace, contact your attorney. n

COBRA The Plan provides for a 100 percent COBRA subsidy for employees (and covered family members) who lost their group health insurance due to an involuntary termination or reduction in hours.

This does not apply to individuals who voluntarily quit their employment.

The benefit applies to workers who lost group health insurance coverage within the last 18 months (on or after November 1, 2019). Subsidies are available to eligible employees and family members for up Burke 7-31-20.qxp_Dennis K Burke Inc 8/2/20 to sixLubricants monthshalf-page throughadSeptember 30, 2021.

Employ-

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Crushed Stone & State Specified Dense Graded Base Manufacturer & Installer of Bituminous Concrete Products:

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7:45 PM Page 1

Berlin Stone Co. 332 Sawyer Hill Rd. (off Rt. 62 & 495) Berlin, MA 01503 Tel: 978-838-9999 Fax: 978-838-9916

51 Industrial Park Road • Saco, ME 04072

Dennis K. Burke is proud to stock a full line of lubricants, DEF and supplies –

everything you need to keep your fleet, facility or shop running at peak efficiency.

We offer full lines from BioBlend, Castrol, Citgo, Kendall, Phillips 66, Petro-Canada, Peak and our own Fleetline brand. Products are available in the quantities you need, when you need them, throughout the New England region.

From packaged goods to bulk tank setups – no job is too big, no job is too small.

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Excavator Beware

Dig safely around natural gas lines

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

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

Respect the locate marks and follow them when digging.

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

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

Report any suspicious activity near a natural gas pipeline marker.

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

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

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

Massachusetts 911 and 1-800-233-5325 Rhode Island 911 and 1-800-640-1595

New York Long Island and the Rockaways: 911 and 1-800-490-0045 Metro NY: 911 and 1-718-643-4050 Upstate NY: 911 and 1-800-892-2345

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

President Biden Releases Infrastructure Proposal

P

resident Biden recently released his Infrastructure Proposal and our federal group, the Clean Water Construction Coalition (CWCC), has provided us with some details. More specific details will be forthcoming as they are made available.

The Biden Infrastructure Plan is set for $2.25T over eight years, containing broad infrastructure program funding such as: • $111B for water infrastructure. Highlights are: • To modernize aging drinking water, stormwater, and wastewater systems by scaling up existing, successful programs.

The plan calls for providing $56 billion in grants and low-cost flexible loans to states, Tribes, territories, and disadvantaged communities across the country.

• To eliminate all lead pipes and service lines in the country, the plan calls for $45 billion in the Environmental Protection Agency’s Drinking Water State Revolving Loan Fund and in Water Infrastructure Improvements for the Nation Act (WIIN) grants.

• Finally, the plan includes $10 billion in funding to monitor and remediate PFAS (perand polyfluoroalkyl substances) in drinking water and to invest in rural small water systems and household well and wastewater systems, including drainage fields.

Other items that may be of interest to members include: • $621B for highways ($115B to modernize 20,000 miles of highways, roads, and main streets) and bridges (to fix the most economically significant large bridges and repair the worst 10,000 smaller bridges), highway safety ($20B); and • Transit ($85B for modernization and system expansion) and rail (including $80B for Amtrak’s repair backlog and to modernize the Northeast Corridor); and • Ports and inland waterways and ferries ($17B), airports ($25B); electric vehicles ($174B to accelerate the shift to electric vehicles, consumer rebates and tax incentives to buy American-made electric vehicles; and • High-speed broadband ($100B); and • New grant and incentive program to build a naAPRIL, 2021

tional network of 500,000 charging stations by 2030, replace 50,000 diesel transit vehicles, and electrify at least 20% of yellow school buses).

In addition, funding for programs argued as connected/related to infrastructure are included. For example, billions are slotted for housing, manufacturing, health care, research, community colleges, VA hospitals, and federal buildings. Whether Congress accepts this additional funding and includes these programs into their infrastructure proposal(s) is unknown.

As the proposal progresses through Congress, UCANE and the CWCC will continue to advocate for the maximum amount of funding and to minimize the regulatory hurdles involved with any new programs and appropriations. We will continue to update members as more information becomes available. As always, contact the UCANE office with any questions you may have. n

IF YOU LIVE FOR IT, WE’LL HELP YOU PLAN FOR IT.

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07-1012 © 2020 The Northwestern Mutual Life Insurance Company, Milwaukee, WI (Northwestern Mutual).

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UCANE Member Jolin Paving & Excavating Doesn’t Let Winter Slow Them Down Worcester Based Contractor Covers New England with Wide Range of Services

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New England can produce some challenging winter weather conditions to its inhabitants, but especially to contractors who concentrate on paving, sitework, and water and sewer work during most of the year. It is certainly not a new phenomenon that freezing temperatures and snow and ice shut down construction operations for most utility contractors for at least part of the year.

According to Mike Ottaviano, Superintendent of Operations and Sales for Jolin Paving and Excavating, the key to success lies with being flexible and being able to adapt to seasonal changes in order to keep steady revenue flowing 12 months a year. Long ago Company Founder Robert Jolin recognized this and added snow plowing and hauling to supplement the paving and excavation business. Through the years the company has expanded their services to include those that are “four-season friendly,” committing to snow removal, 24/7 emergency utility response, and most recently – vacuum truck services. continued on page 37

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THANK YOU BRIAN NEVINS A SEASONED PHOTOGRAPHER WITH AN EXTENSIVE PORTFOLIO, BRIAN HAS TRAVELED THE GLOBE SHOOTING FOR WORLD-RENOWED MUSICIANS, SPORTS LEGENDS, MAJOR BRAND NAMES AND EVENTS. HIS OUTDOOR COLLECTION REFLECTS HIS PASSION FOR CAPTURING NATURE’S TRUE BEAUTY. WITH A GREAT PERSONALITY, ATTENTION TO THE SMALLEST DETAIL, AND BEING SUCH A JOY TO WORK WITH, WE ARE EXCITED TO WORK WITH BRIAN IN THE NEAR FUTURE TO HIGHLIGHT OUR SERVICES AND ENTIRE FLEET. STAY TUNED THIS SUMMER FOR SOME AMAZING IMAGES AND VIDEOS! JOLIN PAVING & EXCAVATING, INC. HIGHLY RECOMMENDS BRIAN NEVINS TO OUR UCANE BUSINESS FRIENDS AND ANY COMPANY SEEKING A VERY TALENTED PHOTOGRAPHER TO HIGHLIGHT YOUR BUSINESS THROUGH PHOTOGRAPHY, VIDEOGRAPHY AND DRONE FOOTAGE WORK.

WWW.BRIANNEVINS.COM

Products and Services

25 Concord Street Pawtucket, RI 02860 Tel: (401) 722-4488 Fax: (401) 312-0992 pawtuckethotmixasphalt.com

36

Hot Mix Asphalt Paving Fine Grading Cold Planning Reclaiming RI & MA DOT Approved

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Jolin Paving continued from page 35 Early Company History Company Founder Robert “Ray-Bob” Jolin’s background was in servicing and repairing trucks and equipment for a local oil company. At the young age of 23 he took his mechanical expertise and ventured out on his own founding Jolin Paving Co., in 1952. The company concentrated mostly on residential driveway construction in Worcester, where he lived and set up his first yard. The company remains true to its Worcester roots and their main office continues to be based in Massachusetts’ second largest city today.

It wasn’t long before Jolin ventured out from strictly residential driveway operations to some commercial paving work with a few Worcester based businesses. Several of these commercial paving clients had large parking lots and expressed a need for snow plowing, as well as minor excavating work, utility repairs, etc., around their properties. Jolin invested in a small excavator, a skid steer loader, and a couple more trucks to go with his paving equipment and soon added “excavating” to the Jolin Paving name.

Throughout the 60s and 70s, Robert Jolin and his company, which now included Robert’s son John, developed a solid reputation in the Worcester business community as a trusted and dependable contractor who could provide a host of on-call services. Facility managers throughout the City had Jolin’s telephone number and called it often to take care of their outside property repairs and upgrades.

Early Addition to the Jolin Fleet

Second Generation Builds Reputation and Commercial Focus In 1970, a very young (18 years old) John Jolin assumed the role of CEO for the family business and worked side by side with his father to solidify the company’s good reputation while expanding the company’s commercial client base. The father/son team won several awards for service from large commercial clients and increased their company’s visibility throughout the Worcester community. Although the company shifted more toward a commercial client base, they still maintained a decent residential workload. According to John, “In the 70s and 80s we were developing a great commercial client list and we still have some of those clients today. But I always responded to residential calls. Residential work like driveways, service connections, and retaining walls continued to be areas we focused on, and they remain so today.”

Robert Jolin retired from the business in 1988. The family business was in good hands with John at the helm and John’s younger brother Dana in the field as lead equipment operator and foreman. John credits Dana for continued on page 39

37

Emergency Water Repair - Downtown Worcester

New Sanitary Connection - Town of Northborough

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Jolin Paving continued from page 37 both his operating skills and his ability to build solid field crews, that allowed Jolin to tackle more complex projects as the second generation grew the business.

During the 90s Jolin also tested the public work waters. “Being from the City, I knew most of the people in the Public Works Department. They reached out to us for help on many occasions over the years and we worked well together on a lot of small jobs. They encouraged us to bid on larger City projects,” said John, “but we were doing well in the private sector, still a small family operation and not really anxious to jump into public work at that time.”

Third Generation Busy at Work

Jennifer Jolin, CFO and Michael Ottaviano, Superintendent

In 2004, John’s daughter Jennifer started working at the company. She handles the accounting, payroll, and certification functions. Jennifer is currently Vice President and CFO for the corporation. Her younger sister Jessica is also employed at Jolin assisting with various administrative duties and most recently taking on social media and marketing responsibilities. Dana Jolin spans both generations and continues as operator, field supervisor, and mentor for new field employees.

Starting in 1998, a young construction worker named Mike Ottaviano worked part-time during winters for John Jolin doing snow plowing. Recognizing talent, Jolin hired Mike in 2002 as a full-time heavy equipment operator.

John was quite impressed with his new operator, but not the only Jolin to be impressed. With John’s blessing, Mike and Jennifer Jolin were married in 2005. With guidance from John, Mike gradually took on increasing responsibilities with the company. Today his role includes Superintendent of Operations, as well as Chief Estimator. “Mike has not only been a great addition to our family,” says John, “but he is a great worker and a quick learner. The more of my workload I put on to him, the better he likes it!”

Jolin’s presence in both the residential and commercial markets in the Worcester area remains strong. The company is also actively promoting their services to the municipal market including vactor truck services, pipe jetting, video inspection services, and 24 hour emergency utility repairs. Being centrally located, the company offers services throughout Massachusetts and extending into the five other New England states. The company counts several UCANE contractors as clients since joining UCANE in 2020.

According to VP/CFO Jennifer, “We have had vacuum services for some years now, but our recent marketing campaign, spearheaded by Mike, has been very successful. We just invested in vacuum truck #4, a brand new combo unit with all the bells and whistles, and we are excited to take delivery later this month.”

Installing New Section of 10-Inch Water Main

APRIL, 2021

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continued on page 41

39

Scientists | Engineers | Program Managers Construction Management Services Delivering the constructed project through collaborative program management services, construction oversight, and preparation of pre- and post-construction submittals.

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Jolin Paving continued from page 39 Mike Ottaviano – whose multiple roles also includes that of being UCANE’s representative, is also overseeing the company’s potential expansion into the public bidding arena. The company has recently been certified by MassDOT and is hoping to receive their MassPort certification very soon. “We would definitely like to bid some more sizable utility projects and street reconstruction work and increase our volume in those areas,” says Mike, “but we will move cautiously. We will always stay true to our company’s foundation of premier customer service, quality workmanship, dependability, and integrity.”

UCANE is proud to include Jolin Paving & Excavation Inc. as a valued member and we congratulate them as they begin their 69th year in business. n

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APRIL, 2021

U.S. Representative Seth Moulton Introduces Federal Bill Addressing Sewer Overflows

U.S. Representative Seth Moulton has pushed a critical local issue into the limelight in Washington, introducing a bill tackling combined sewer overflows, which dump untreated sewage into rivers.

T

he Sewage Treatment Overflow Prevention through the Community Sanitation Outreach Act, abbreviated as the STOP CSO Act, would mandate local governments alert residents within four hours of a sewer overflow.

“It seems like a basic human right, to know what’s in your water,” said John Macone, policy specialist at the Merrimack River Watershed Association, a local environmental group fighting for the river’s health.

Sewer overflows happen when antiquated water treatment systems are overwhelmed by a sudden onslaught of water, brought on by heavy rain. The systems are too old to handle the rush of water, and the pipes compensate by releasing untreated wastewater straight from residents’ toilets into waterways, like the Merrimack River.

“There are so many places around the country where this has been going on for decades, and people aren’t really aware of it,” Macone said.

APRIL, 2021

The 117-mile Merrimack River provides drinking water for more than 600,000 Bay Staters, and the Boston Herald’s investigative reporting in 2018 revealed wastewater treatment plants had dumped an average of 2.8 billion gallons of untreated wastewater into the river each year. The waterway is also used for boating and recreation.

The issue hasn’t been resolved since then: according to the Merrimack River Watershed Association, on one day in 2020, sewage plants in Lowell and Lawrence discharged a combined 70 million gallons of untreated wastewater into the river. That overflow occurred in September, in just a 21/2 hour span.

In a statement, Moulton, D-Mass., said the issue constantly comes up when he meets with Massachusetts residents. The cost to fix the wastewater treatment systems far exceeds what any local municipality along the Merrimack can afford right now. continued on page 45

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APRIL, 2021

Sewer Overflow continued from page 43 “We can stop CSO by investing in a new generation of infrastructure and technology. That means 21st century wastewater systems and, until we get there, push notifications when the river your drinking water comes from contains sewage,” he said.

The Merrimack benefits from a federal bill because, like many other waterways nationwide, it crosses state lines.

“It’s one river and two states, and the states should be using the same system to alert people,” Macone said.

Living downstream from the Granite State, Bay Staters deal with the bulk of wastewater treatment from New Hampshire residents, but New Hampshire locals use the water from the Merrimack plenty, as well. Macone pointed out that in Nashua, a brand new boat ramp was installed on the river.

If the bill passes, local plants can install meters to measure what’s actually coming out of pipes into the river — something that not all areas can afford right now.

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“It’s a great direction to go in,” Macone said. “More people are using the river now, in recent years.”

Press Release written by Meghan Ottolini. n

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OSHA Announces 2020 List of Top 10 Most Frequently Cited Standards On March 2, OSHA announced its annual listing of the Top 10 Most Frequently Cited Standards for FY2020 (ending 9/30/20).

The perennial leaders on the list continue to be No. 1 – Fall Protection (10 years in a row at No. 1), and No. 2 – Hazard Communication (eight years in a row at this spot).

The other eight most cited standards are very familiar as well. Some may have moved in position, a little up or a little down, but they are the same eight standards making the list for the past three years.

Takeaways From the 2020 List 1. The effects of the pandemic known as COVID-19 can be seen in the numbers on the chart.

The total citations for 2020 showed a drop in almost every category and overall citations dropped by 10% from 2019. The drop can be attributed to the temporary closing of many U.S. facilities including manufacturing and industrial plants as precautionary measures to reduce the spread of COVID-19. As a result, most industries saw dramatic reductions in manhours worked. In addition, OSHA Compliance Officers were restricted from normal inspection activities for portions of the year per directives from OSHA Regional and National offices.

2. The only category that saw an increase in citations (+8%) in 2020 was the Respiratory Protection Standard that moved from fifth to third spot. OSHA has been more focused on respiratory protection due to the COVID-19 pandemic, which resulted in the increased use of N95 and other respirators in workplaces across the U.S., particularly in health care and related establishments.

3. Control of Hazardous Energy (Lockout/Tagout) citations saw the largest drop in citations (-21%), again most likely due to at least temporary work stoppages in on-going construction projects

APRIL, 2021

and postponements in proposed building renovations, factory upgrades, expansions, etc.

4. In addition to COVID-19 impacting the citation count, there has been a gradual decline in citations over the last four years. This is due in part to the Administration and OSHA’s establishment of a successful program that emphasized increased safety training for employers as an alternate to increased penalties. OSHA assigned personnel as Safety Compliance Specialists to reach out and assist and work with employers in bringing their workplaces into OSHA Compliance. They also provided free safety training and education for employees. The success of the program could be seen (pre-COVID) with inspections remaining fairly constant, while both citations and serious injuries trended downward.

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OSHA Top 10 continued from page 47

What is Ahead for OSHA in 2021?

1. These trends of diminished enforcement by OSHA appear to be changing direction. With the new Biden Administration and DOL Secretary Marty Walsh both being more aligned with labor than with employers, there is certain to be an increased focus on workplace safety and also toward stronger and more targeted enforcement.

3. In response to the Executive Orders OSHA issued on March 15, 2021, new revisions to their previously published COVID-19 Guidelines and also established COVID-19 enforcement as a National Emphasis Program. The goal is to expedite inclusion of the COVID-19 Guidelines as part of the OSHA Standards.

2. COVID-19 will continue to be an important safety issue throughout 2021 and possibly beyond. President Biden’s January Executive Orders included directives to DOL and OSHA to reinvigorate inspection activities and enforcement of COVID-19 hazards and safety violations in all workplaces.

4. Based on early actions, and with organized labor getting the ear of the White House and Cabinet more than ever, it strongly suggests that OSHA will be increasing its number of inspectors, moving forward with more stringent workplace regulations overall, and getting tougher on employers for non-compliance. n

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APRIL, 2021

Jordan Tirone

DeSanctis Insurance Agency, Inc.

Cyber Attacks Top Todays Risk to You and Your Company As we take a closer look at cyber risk, it is helpful to consider two questions: Do you have a Cyber Incident Response Plan? Will you survive a cyber-attack?

R

egardless of the industry in which your firm operates, cyber risks can be broken down into three categories: Data, Disruption, and Dollars. In this article, we’ll take a look at how each one of these risks can cripple contractors and subcontractors.

Data: Corporate Data: Every contractor uses and stores a variety of in-house data. This data can include, but not limited to proprietary blue prints and plans, financials, business development models, the list can go on. Nonetheless, this is information that you would never want accessible to the outside public.

Employee Data: As an employer, you possess and are trusted with your employee’s personal data, such as social security numbers, bank accounts, and medical records.

Data in Transit: More now than ever we rely on remote technology and are constantly transferring data, which often is stored with a third party. Many have the perception that the respected third party protects and holds responsibility for the safe keeping of this data. This unfortunately is not true whereas the collector/owner of that data maintains legal responsibly, which cannot be transferred even by written contract.

Dollars and Assets: Cyber criminals are after your money and your clients’ money.

Who/What poses a threat?: Not all attacks come from the outside (hackers, ransomware, keyloggers, and business email compromise). Employees are also a large driver of cyber losses. One of the APRIL, 2021

best examples of the damage a malicious or disgruntled employee can cause comes from a professional services firm in the UK. The story goes like this: A firm hires a new employee to perform data entry and data integration, the employee works from 9am to 5pm and then leaves work, bringing all their data from work home with them to their significant other who is a hacker. The hacker uses this information to commit wide-scale insurance fraud.

What can I do to protect my company and its assets?

With any surge of negative incidents comes positive resources to counteract. Below are a few day to day actions that can be taken to better ensure cyber resiliency.

Firewalls and Anti-Virus Software: Think about this from the analogy of a burglar looking to continued on page 53

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Insurance Perspective continued from page 51 rob a house. The firewall or anti-virus is a fence around the property. Does a fence prevent every burglary? No. Does it make it a little bit harder?

Yes. Strong Passwords and Password Management: Everyone reading this may have just rolled their eyes, but a huge number of cyber incidents could be thwarted by stronger passwords and password management.

Back-Ups: Information of any kind should be backed up. The list goes on of resources and avenues to back up your information but nonetheless multiple backups are certainly helpful in the event that data and or information is compromised or stolen.

Employee Training: The vast majority of cyber incidents involve the human element at some point in the process. Training employees to be on the lookout for suspicious emails or behavior within the company will go a long way in creating a company culture that takes cyber risk seriously.

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All in all the cyber world can be a very scary place that can be crippling to a business. With Minichiello Bros./Scrap-It, Inc., the world continuing to Minichiello Bros./Scrap-It, Inc. be more and moreServes vir- over 2500 Serves over 2500 customers a week and is one of New England’s largest customers a week and is one New England's largest buyers, buyers, sellers, and processors of scrap metal.

Forour overgoal 60 years goal of scrap metal. For over 60 years has our remained tual the threats will sellers con- and processors has remained the same - to in provide the best along prices in thetop industry along with the same to provide the best prices the industry with notch tinue to grow and evolve. top notch service!

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Patrick W. Saltmarsh Tim Hunt, CHST Dir. of Envt’l, Safety Health and Safety Corporate Director W. J. L. Derenzo French Excavating Corp.

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DRIVE SAFE…WORK SAFE… SAVE LIVES! The weather is warming up, street work moratoriums are being lifted, and the annual rush to the streets is about to begin. Street work poses a unique set of challenges for contractors. Our projects can often introduce a level of uncertainty to the traveling public. We have probably interrupted their normal driving routine, and often times they may not be very happy about it. Regardless of what their mood may be, it is our responsibility to make sure these drivers get through our newly created work zone without incident. According to the Center for Construction Research and Training, "struck-by incidents are a leading cause of death among construction workers, and since 1992 the leading cause of nonfatal injuries in the construction industry." Struck by incidents are also part of OSHA's Focus Four. The Focus Four hazards are responsible for 64% of all fatalities in construction.

S

o, what is a struck by hazard? A struck by hazard could be a vehicle or equipment strike, a strike by a flying object, or even something falling. Street work zones expose workers to all of these possible struck by potentials. Street work requires detouring of existing traffic patterns. When the need to detour traffic around work zones arises, traffic management plans need to be put together.

A traffic management plan is a detailed plan designed to keep workers safe from vehicles while working in the streets. Some plans could be as simple as closing a road while others are much more detailed and elaborate. In all cases, the plan needs to show what signage is to be used and where it is to be placed. The plan should include the locations of cones, barrels, and barricades. The lane sizes should be indicated on the plan and any locations of flaggers or police details.

Having a plan is a good start, however, as in any plan, it is the implementation of it that is the most important. The plan needs to be accessible to those in the field and clearly understandable, so that the work APRIL, 2021

zones can be setup properly. The plan is another tool in the toolbox for the crew. The Manual on Uniform Traffic Control Devices (MUTCD) sets the minimum standards for and provides guidance on traffic control.

Some states and even certain cities/towns have developed more stringent standards for traffic control.

April 26-30 is the National Work Zone Awareness Week. This event is similar to Construction Safety Week, where it’s a nationwide event designed to raise awareness and spread the message of safety. This year’s theme is Drive Safe, Work Safe, Save Lives. continued on page 59

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Safety Corner continued from page 57 Drive Safe. A reminder that work-zones need everyone’s undivided attention. When approaching a work-zone, motorists should always slow down, follow all posted signs, be alert, and remain calm. Risky driving behavior affects more than just the driver – everyone’s lives and families are at stake.

Work Safe. Technology is helping to make work zones safer by collecting data and automating processes, which can remove workers from dangerous situations and provide motorists with important information. It is also a reminder that work zone safety begins with workers who are dedicated to safety.

Save Lives. If we ALL work together, we can achieve zero deaths on our roads and in our work zones!

Utility work alone is dangerous and filled with unknowns, utility work in the street with the public encountering a new traffic pattern is even more so. Take the time to create a traffic management plan and review the plan with the crew onsite. Ensure that vehicle protection is in place and it is adequate for the traffic expected. Remember, struck-by incidents are a leading cause of death among construction workers. n

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APRIL, 2021

Mashpee Selectmen Send Sewer Construction Project to Town Meeting Mashpee residents at Town Meeting on May 3 will have the opportunity to vote to begin construction on a sewer system that is part of the town’s long-delayed plan to remediate nitrogen pollution in local embayments.

M

ashpee Board of Selectmen voted unanimously at their virtual meeting on Monday, March 22, to approve and recommend passage of a Town Meeting article that will request a $54 million debt exclusion for the construction of a wastewater treatment plant and adjoined sewer system. Another unanimous vote by the selectmen executed the Town Meeting warrant.

“We’re finally in a situation where we’re ready,” said John J. Cotton, the chairman of the selectmen.

“We have our financing and our financial structure prepared to have very minimal costs to the townspeople.”

To pass, the debt exclusion, which is not expected to result in any tax increases, will require a twothirds majority at Town Meeting and a majority vote of a ballot question at the May 8 annual election.

The project will include the construction of a wastewater treatment facility adjacent to the Mashpee transfer station, a sewer system stretching west along Route 28 to Quinaquisset Avenue and south down Orchard Road and part of Mashpee Neck Road, and two pump stations.

The wastewater project constitutes phase one of Mashpee’s five-phase Comprehensive Watershed Nitrogen Management Plan. The plan, which the town finalized more than five years ago, contemplates using sewer systems as the primary means of remediating nitrogen pollution that causes annual algae blooms, ecological damage, and potential recreational closures in the town’s embayments.

The first phase of the project will not include a

APRIL, 2021

sewer pipe stretching the length of Meetinghouse Road toward Town Hall, as the comprehensive plan had originally laid out.

“It was recommended to the sewer commission last week by [the project engineers] that that area be dropped from this phase,” said Selectman Andrew R. Gottlieb. “There are very few service connections per mile of pipe because there is a lot of open space that is tribal housing lands, and so you travel a long distance to not get very many service connections.”

Rather than increase the cost of the first phase by an additional $12 million to reach the service area near Town Hall, “we’ll probably look at taking a different route” to the area during a later phase of sewering,” Mr. Gottlieb said.

The first phase of the wastewater project will receive financing through a variety of sources that mitigate the need for further tax increases. The town has a dedicated Wastewater Infrastructure Investment Fund that was established at Town Meeting last fall, as well as funds from a local short-term rental tax.

In January, the state gave the project a high rank on a draft intended use plan for the Clean Water State Revolving Fund, a program that would provide 2 percent interest loans for the entire cost of the project and 3.3 percent principal forgiveness on those loans.

To qualify for the low-interest loans, Mashpee voters will have to approve the construction of the continued on page 65

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Spotlight on Cape Cod continued from page 63 project at Town Meeting. By qualifying for the loans through the State Revolving Fund, the project will also qualify for principal forgiveness through the Cape and Islands Water Protection Fund.

The interest rate on the State Revolving Fund loans could be further reduced from 2 percent to 0 percent if Town Meeting voters also approve flow neutral regulations, a step that several other Cape Cod towns, including Falmouth, have taken and that would save the town millions of dollars.

The flow neutral regulations would mandate that parcels of property in sewer service areas eliminate any septic systems, which are the primary source of nitrogen pollution, and be connected to the sewer system.

The flow neutral regulations would also set limits to the amount of flow allowed from any given property. For existing and new development of single-family residences on parcels of 40,000 square feet or less, four bedrooms would be allowed by right.

The Mashpee selectmen voted to recommend that Town Meeting voters pass an article to establish flow neutral regulations.

The selectmen also voted unanimously on Monday to authorize Town Manager Rodney C. Collins to send a letter to US Representative William R. Keating (D-Bourne) asking the congressman to seek funding for the town’s wastewater projects in an upcoming infrastructure bill.

A third Town Meeting article related to the wastewater project that will be before Mashpee voters in May is an article that seeks to allow the town to use a parcel of conservation land off Mashpee Neck Road for a pump station.

Years of inaction to address nitrogen pollution caused primarily by septic systems prompted the Conservation Law Foundation, an environmental law firm, to threaten a potential lawsuit against the Town of Mashpee last fall.

The proposed lawsuit, which would seek a court order to halt septic inspections and installations in Mashpee, alleges that the town violates Title V of the Massachusetts Environmental Code every time a septic system that discharges nitrogen-laden effluent is permitted or passes inspection.

Mr. Cotton, the chairman of the selectmen, has previously cited the upcoming Town Meeting vote on the wastewater project as evidence that the town remains committed to addressing nitrogen pollution.

Town Meeting will be held at the Mashpee MiddleHigh School with indoor and outdoor seating areas that will be linked by video and audio.

Reprinted from The Mashpee Enterprise. Written

by Ryan Spencer. n

This map shows the plans for the first phase of the sewer project with the wastewater treatment facility represented by the yellow squares and the parcels in blue representing sewer connections. COURTESY TOWN OF MASHPEE

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