Construction Outlook December 2023 by Ucane

DEC | 2023

Ryan CharityMcCourt McCourt with mother Ginger, Ryan andand Charity withRyan’s Ryan’s mother Ginger, son Cameron, and daughter Kylie son Cameron, and daughter Kylie

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DECEMBER, 2023

Years of Excellence 1954-2023

DECEMBER, 2023

IN THIS ISSUE

OFFICERS President RYAN McCOURT McCourt Construction Company

President-Elect BRIAN COONEY C. C. Construction Inc.

Treasurer CHRIS VALENTI GVC Construction, Inc.

Secretary QUERINO PACELLA RJV Construction Corp.

BOARD OF DIRECTORS MARCELLA ALBANESE

5 President’s Message:

A Letter to UCANE Members and Staff

7 Legislative Update: • • • • •

Signature Gathering Thins Herd for 2024 Ballot Initiatives Massachusetts Climate Report Card Released UCANE Weighs in on Hoisting Measure Healey-Driscoll Administration Launches Coastal Resiliency Initiative News in Brief

41 UCANE Interview:

Albanese Brothers, Inc.

Representative Tommy Vitolo (D-Brookline, 15th District)

VINCENT BARLETTA

45 Legal Corner:

Barletta Heavy Division

MIKE BISZKO, III Biszko Contracting Corp.

CALVIN BRANDFORD CHB Excavating

CHRISTOPHER CLARK World Insurance Associates, LLC

JULIA D’ALLESSANDRO D’Allessandro Corp.

GEORGE DeFELICE DeFelice Corporation

JERRY GAGLIARDUCCI Gagliarducci Construction, Inc.

JOE GIOIOSO P. Gioioso & Sons, Inc.

JUSTIN GOODHEART J. F. White Contracting Co.

DAVID HAMILTON E. J. Prescott, Inc.

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

LISA FRENCH KELLEY W. L. French Excavating Corp.

JIM MADDEN All States Material Group

CHIP McDONALD ATS Equipment, Inc.

MIKE OTTAVIANO Jolin Paving & Excavating, Inc.

ROBBIE OUR Robert B. Our Co., Inc.

BRIAN RAWSTON Jay Cashman, Inc.

JOSEPH F. NOLAN Executive Director

UCANE Interview:

25 UCANE’s 2023 Year End Wrap-Up

False Claims Act Judgment Entered Against Massachusetts Subcontractor for Submission of Sub-Subcontractor’s Fraudulent Payroll Records on Public Projects

Representative Tommy Vitolo

47 UCANE Starts 2024 Membership Drive 48 UCANE’s 69th Anniversary Banquet 58 UCANE’s 69th Anniversary Banquet Sponsors 60 UCANE’s Contractor Member of the Year: Ryan McCourt, McCourt Construction Company

63 UCANE’s Associate Member of the Year: William Cove, Sunbelt Rentals

71 Safety Corner:

The Crucial Role of Ergonomics in Construction

73 Updated Safety Manuals Now Available 75 Insurance Perspective:

Winterizing Your Utility Operations: A Guide for Risk Management and Business Continuity

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

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A Letter to UCANE Members and Staff As I reflect on the accomplishments of 2023 and eagerly anticipate a successful 2024, I am filled with gratitude for the privilege of serving as UCANE's President over the past two years. I first want to thank the Officers and Board of Directors with whom I have had the pleasure of serving with during my tenure. It was truly my pleasure. As my term concludes and we welcome Brian Cooney as the incoming UCANE President, we can collectively celebrate the productivity and success of the construction season in 2023.

his year marked a period of change, both in the administration, on Beacon Hill, and within UCANE. Joseph Nolan's appointment as our new Executive Director by the Board of Directors, symbolizes a continued commitment to excellence and growth within our organization. I am pleased to report that UCANE has experienced yet another productive year, fostering new relationships and delivering positive outcomes for our members. Throughout my tenure, UCANE tirelessly advocated for expanded water infrastructure improvements to support our growing economy, and the environmental resiliency initiatives so badly needed across the Commonwealth and New England. Our efforts were in part channeled through the #InvestInWaterMA campaign, emphasizing the importance of investing in water infrastructure. Our Association increased its social media presence, actively engaging municipalities and raising awareness about the critical need for such investments. Collaborating with peer organizations, UCANE supported MA bond authorizations of $102 million, as outlined in Chapter 2 of the Acts of 2023. This funding will enable the Clean Water Trust to leverage state resources to acquire additional federal funds, aligning with the goals set forth in the federal Bipartisan Infrastructure Law (BIL). In my first term, I was proud that UCANE played a pivotal role in the passage of an update (Chapter 176 of the Acts of 2022; §§ 6-13) to the Commonwealth's Dig Safe law. This amendment, driven by concerns raised by our members, reflects technological advancements and includes a broader range of stakeholders, streamlining the Dig Safe process for increased efficiency. UCANE remains committed to advancing legislative

DECEMBER, 2023

priorities, while actively participating in discussions on measures impacting the construction industry. Collaborating with other contractor associations, we seek areas of agreement and joint efforts, while identifying opportunities for growth. Addressing challenges such as workforce diversity and shortages remains a priority, as we work collectively to ensure a vibrant future for the construction industry. The success of our Annual Banquet this year, attended by over 550 members, friends, and families, was a testament to the dedication of the UCANE team and the generosity of our members. I was deeply honored to be named "UCANE Contractor of the Year" during the event, an accolade that holds special significance as it comes from my peers and was able to be shared with my friends and family at the Banquet. I have never been more humbled than to have received this award from the amazing members of this organization. THANK YOU! I extend my sincere thanks to UCANE's leadership and staff, our members, and associates, for the honor of serving as UCANE's President over the last two successful years. I am especially grateful for the amazing job that Anne Klayman and the entire UCANE staff did during the transition between Executive Directors. You truly are the engine behind UCANE that keeps us running. I am confident that many more victories lie ahead for UCANE and its members! I know Brian Cooney will continue to advance the cause of supporting our region through water and wastewater infrastructure in a meaningful way, and that Joe Nolan will lead that charge aggressively and respectfully.

Wishing you all a Healthy and Happy Holiday Season and a prosperous New Year. n

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Mark Molloy, Esq.

Signature Gathering Thins Herd for 2024 Ballot Initiatives

ith the announcement earlier this year that a variety of groups would push for ballot initiatives in 2024, the immediate question centered around the ability of proponents to obtain the required signatures in time. In September, Attorney General Andrea Campbell's office certified 34 ballot question proposals (in some cases representing multiple proposed versions of a potential question) that had been filed by the August deadline. The initial approval set groups off on collecting voter signatures, an amount at least equal to three (3%) percent of the total votes cast for candidates for governor, excluding blanks, in the 2022 election. To advance to the next round of the ballot initiative process, proponents had to secure 74,574 signatures before the end of November. To that end, ballot initiatives to eliminate the MCAS test as a graduation requirement, classify employment status for drivers on app-based platforms (i.e. Uber, Lyft, etc.) (one offered by an industry-backed coalition and one by a union-backed group), give the State Auditor the authority to audit the state Legislature, gradually bring the minimum wage for tipped workers into line with the general minimum wage, and legalize

DECEMBER, 2023

psychedelics for therapy have reported that they gathered more than the 74,574 signatures required to be filed with local election officials. Having secured the required signatures is half the battle as they must be certified at the local level and then validated by the Secretary of State’s office. Of note, initiatives to suspend the gas tax and implement a system of rent control will not advance to the next stage as their proponents reported a lack of qualifying signatures. Each initiative petition that receives enough certified signatures will head to the Legislature in January, where lawmakers can approve the measures, propose substitute versions, or decline to take action. If nothing happens in the House and Senate by May 1, 2024, campaigns need to file another 12,429 signatures with local officials by June 19, 2024 to qualify for the ballot. For more information about the approved ballot initiatives, please visit: https://www. mass.gov/info-details/ballot-initiatives-filedfor-the-2024-biennial-statewide-electionproposed-laws-and-2026-biennial-statewide-election-proposed-constitutional-amendments. continued on page 9

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Legislative Update continued from page 7

Massachusetts Climate Report Card Released

n December 1, the Healey-Driscoll Administration released a Climate Report Card to evaluate progress on reducing greenhouse gas emissions and protecting communities from the impacts of climate change. As noted in a previous Construction Outlook magazine, the Climate Report Card was one of 39 recommendations of Climate Chief Melissa Hoffer’s recent report to the Governor. The newly completed assessment further offers assessments of the state’s environmental justice, transportation, buildings, power, natural and working lands, and climate resilience efforts. According to the Climate Report Card, Massachusetts is well positioned for meeting its 2025 goals, but a strong policy response to existing and emerging challenges will be needed to meet the state’s ambitious 2030 targets. Key takeaways from the Climate Report Card include the following:

•

Transportation. According to the Climate Report Card, the transportation sector is currently on track for 2025, but interventions are needed to drive the rapid decarbonization required between

2025 and 2030. This includes a ramp up in electric vehicle adoption and charging infrastructure, actions to increase public transportation use, and alternatives to single-occupancy vehicle travel. Significant state funding is in the process of being deployed to address these challenges. It is noted in the report card that only 69 medium to heavy duty electric trucks are in-use, in some capacity, in the Commonwealth. •

Buildings. The buildings sector is currently on track for 2025, but interventions are needed to drive the rapid decarbonization required between 2025 and 2030. Continued adoption of the specialized stretch code, the work of the Massachusetts Community Climate Bank, and the deployment of billions of federal dollars are thought to be options to help address these challenges. A Clean Heat Standard and greater access to, and assistance with, incentives for building decarbonization will also be needed to scale the policy response according to the Climate Report Card. continued on page 11

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Legislative Update continued from page 9 •

Power. The power sector is currently on track for 2025, but supply chain, inflationary, and commercial obstacles are delaying the deployment of clean energy, especially in the offshore wind sector. Significant interventions are needed to remain on track for 2030. The outcome of the upcoming offshore wind procurement, the recommendations of the Commission on Clean Energy Infrastructure Siting and Permitting, further clean energy procurements, strategies to reduce electric load, and addressing interconnection issues will be central to these efforts. • Climate Adaptation & Resilience. Massachusetts has made significant progress to advance state and local resilience to climate change, but more funding, policy, and regional coordination will be required as climate change worsens. The implementation of the ResilientMass and ResilientCoasts strategies are central to this sector. To review the Commonwealth’s climate report card, please visit: https://www.mass.gov/info-details/ massachusetts-climate-report-card-initiatives-andpolicy-levers. continued on page 13

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Legislative Update continued from page 11

UCANE Weighs in on Hoisting Measure

n an effort to facilitate the training of high school aged students, UCANE submitted written testimony in strong support of House Bill 2337, An Act Relative to the Use of Hoisting Equipment in Chapter 74 Vocational Technical Education, that is currently before the Joint Committee on Public Safety.

Under Mass. Gen. Laws ch. 146, §53 “[n]o person shall operate derricks, cableways, machinery used for discharging cargoes, temporary elevator cars used on excavation work or used for hoisting building material, when the motive power to operate such machinery is mechanical and other than steam, unless such person holds a license or temporary permit as provided in this section. The owner or user of such hoisting machinery shall not operate, or cause to be operated, such machinery, unless the person operating it is duly licensed or possesses a temporary permit. Any operator of such hoisting machinery, when it is being used exclusively for agricultural purposes,

shall be exempt from this section.” In supporting the initiative, UCANE wrote that: “Unfortunately, Massachusetts law creates a nonsensical circumstance where certain educational institutions, such as vocational schools, cannot more fully train students to actually operate hoisting machinery and, subsequently, obtain the requisite license. Accordingly, House Bill 2337 will allow any public high school that operates hoisting equipment as part of a vocational technical education program approved under Mass. Gen. Laws ch. 74, to be exempt from licensure if the school has met certain requirements, and the supervising instructor is on site at all times of operation, and holds a license issued by the Division of Occupational Licensure. The importance of this issue cannot be understated. The construction industry is facing a workforce crisis, particularly as it relates to continued on page 15

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Legislative Update continued from page 13 licensed, skilled professionals. In making this correction to the hoisting license law, the construction industry will see its pool of potential employees increase. Further, as many vocational schools have made significant investments in hoisting machinery for purposes of training their students already, this amendment to the hoisting law will allow for them to make full use of their training programs. To the degree possible, the Commonwealth should be making it easier for vocational schools to create a smoother pathway into the construction workforce. HB 2337 is one such measure that will facilitate this objective.” House Bill 2337 has historically been supported by vocational schools, labor organizations and workforce development groups. The Joint Committee on Public Safety, led by House Chair Carlos Gonzalez and Senate Chair Walter Timilty, has until the first Wednesday of February 2024 to take action on the legislation. continued on page 17

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Legislative Update continued from page 15

Healey-Driscoll Administration Launches Coastal Resiliency Initiative

he end of November brought news that the Healey-Driscoll Administration was launching the ResilientCoasts initiative, a “holistic” strategy for addressing the impacts of climate change along the coastline of Massachusetts. In collaboration with the state’s 78 coastal communities, ResilientCoasts will pursue a multipronged approach to identify regulatory, policy, and funding mechanisms to develop focused long-term solutions. Notably, the initiative will be led by a new Chief Coastal Resilience Officer within the Office of Coastal Zone Management. Working with communities, this team will establish Coastal Resilience Districts based on their unique climate impacts. The development of a coastal resilience strategy is a priority action within the state’s ResilientMass Plan. According to a press release by the Executive Office of Energy and Environmental Affairs (EEA) announcing the new initiative, Massachu-

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setts is planning for sea level rise by up to 2.5 feet by 2050 compared to 2008 if global emissions are not significantly reduced. Both tidal and storm-related flooding are projected to increase. By 2070, statewide annual average damages to coastal structures could be more than $1 billion per year. The total value of structures within the floodplain for the current 100-year return period coastal storm is about $55 billion, of which about $40 billion is residential, $12 billion is industrial, and $2.5 billion is commercial. The number of vulnerable infrastructure assets and anticipated loss will grow over time as rising seas expand the coastal floodplain. Of the nearly 2.5 million people that live within the 78 coastal communities in Massachusetts, approximately 55 percent of the population lives within Massachusettsdesignated Environmental Justice Block Groups, representing communities of color, low-income continued on page 19

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Legislative Update continued from page 17 populations, and/or communities facing language barriers. Under the new program, the Office of Coastal Zone Management (CZM) will lead the ResilientCoasts initiative. A newly created Chief Coastal Resilience Officer position will oversee this effort and provide cross-agency coordination. A key component of ResilientCoasts will be the delineation of Coastal Resilience Districts, geographic regions that share similar landscape characteristics and face similar climate hazards. This initiative will delineate these districts in 2024 and then collaborate with communities to implement tailored resilience policy and regulatory strategies, and leverage multiple state and federal funding opportunities. The ResilientCoasts initiative is a priority within the State’s 2023 ResilientMass Plan. It will identify resilience strategies for both statewide implementation and strategies tailored to each region’s unique vulnerabilities. Statewide, CZM will work with relevant state agencies to evaluate building standards, financing strategies, and scientific best practices, among other pursuits. The Massachusetts Emergency Management Agency will lead an evaluation of a statewide buyout program. In addressing the concerns of each Coastal Resilience District, CZM will work with communities to assess strategies such as nature-based solutions, dredging, coastal nourishment, roadway elevation, and managed retreat. Of particular note to UCANE members, a key aspect of ResilientCoasts will be identifying innovative new financing mechanisms for climate resilience projects. New infrastructure and changing approaches to development will require reliable funding streams that are structured to incentivize coastal resilience. Already, CZM has led the effort to pursue federal funds through the National Oceanic and Atmospheric Administration’s Climate Resilience Regional Challenge. The application requests $73 million and was developed in partnership with 55 community partners. The administration will work with the legislature on any recommended approaches. For more information about the ResilientMass plan, please visit: https://www.mass.gov/infodetails/2023-resilientmass-plan. continued on page 21 DECEMBER, 2023

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Legislative Update continued from page 19

News in Brief •

•

MCCA Executive Director Decides to Move On. Massachusetts Convention Center Authority (MCCA) Executive Director David Gibbons announced in November that he will be stepping down from his position at the start of December. General Manager Diana DiAntonio will assume the top leadership role as the MCCA Board looks for an interim Executive Director and, eventually, a permanent one. Mr. Gibbons began his job in 2015. MassDOT’s Tibbit-Nutts Named Permanent Secretary. When former Secretary Gina Fiandaca left her position as Secretary in midSeptember, Undersecretary for Transportation Monica Tibbits-Nutt was named as the Acting Secretary for the Massachusetts Department of Transportation (MassDOT). In recognition of her strong start, Acting Secretary Tibbits-Nutt was named as MassDOT’s permanent Secretary by the Healey-Driscoll Administration in November. The Secretary was previously the Executive Director of 128 Business Council, a private organization that ran a transportation service in

the greater MetroWest area, as well as a former member of the MBTA Board of Directors. She received a bachelor’s degree from the University of Southern Indiana and a master’s degree in city and regional planning from the Ohio State University. •

Massachusetts Unemployment Rate Ticks Slightly Up. The state’s October total unemployment rate was 2.8 percent, up 0.2 percentage points from the revised September estimate of 2.6 percent as reported by the Executive Office of Labor and Workforce Development in November. The Bureau of Labor Statistics (BLS) preliminary job estimates indicate Massachusetts lost 800 jobs in October. This follows September’s revised loss of 2,600 jobs. The largest over-themonth private sector job gains were in Education and Health Services, Other Services, and Construction. Employment now stands at 3,782,700. Massachusetts gained 721,100 jobs since the employment low in April 2020. From October 2022 to October 2023, BLS estimates Massacontinued on page 23

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Legislative Update continued from page 21

•

chusetts gained 77,100 jobs. The largest overthe-year gains occurred in Education and Health Services, Professional, Scientific, and Business Services, and Construction. The State’s October unemployment rate of 2.8 percent was 1.1 percentage points lower than the national rate of 3.9 percent reported by BLS. Business Groups Raise Alarm Over State Spending. A variety of regional chambers of commerce, led by the Greater Boston Chamber of Commerce, recently raised the alarm with state legislators over the Commonwealth’s current spending plans. Known in the collective as “Massachusetts Chambers Policy Network”, the group urged cautioned that “[t]o enhance our competitiveness and ensure that residents and employers have a healthy business climate, starting with the FY25 budget, the Network urges legislators exercise control in government spending while reprioritizing strong outcomes and increased efficiency.” According to the Massachusetts Chambers Policy Network’s letter to legislators, state spending in Massachusetts, buoyed in large part by economic growth and tax revenues, grew at a breakneck speed over the last five fiscal years, dramatically outpacing

inflation. The group cautioned that the legislature must “embrace the reality that recent fiscal years represent historical aberrations, and must reevaluate its spending limitations when building budgets, adopting legislation, and identifying fiscal priorities.” •

October Revenues Below Benchmark. Massachusetts Department of Revenue (DOR) Commissioner Geoffrey Snyder announced that preliminary revenue collections for October totaled $2.558 billion, $196 million or 8.3% more than actual collections in October 2022, but $186 million or 6.8% below benchmark. FY2024 year-to-date collections totaled approximately $11.843 billion, which is $276 million or 2.4% more than collections in the same period of FY2023, but $355 million or 2.9% less than the year-to-date benchmark. In general, October is among the lower months for revenue collection, because neither individual nor business taxpayers make significant estimated payments during the month. Historically, roughly 6.5% of annual revenue, on average, has been received during October. Revenue figures for the month of November are slated to be released after the publication of this issue of Construction Outlook magazine. n

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UCANE’s 2023 Year End Wrap-Up 2023 Overview

Legislative Activity

This past year was another successful one for UCANE and its membership. UCANE’s long and hard-fought victories helped to produce the 2022 Federal Infrastructure Bill that is a once-in-a-generation funding package for utility infrastructure and public works projects. Municipalities and public works agencies across New England began using the federal funds during 2022, but 2023 saw a dramatic increase in the amount of public works projects put out to bid, with a high percentage of those projects being won by UCANE contractors. 2023 also saw an easing of some of the supply chain and inflation issues that dogged us in 2022. UCANE had an unexpected change in staffing this year when our Executive Director accepted an employment offer and departed in August. Our Board of Directors quickly developed a search committee, performed many interviews, and had a new and highly qualified candidate in the ED chair within two months. Our new Executive Director, Joseph Nolan, has an impressive resume and a great combination of construction management experience, public relations experience, and legislative know-how. Joe hit the ground running with UCANE in September, and his goals for 2024 include reviewing operations and to personally meet as many UCANE members as possible. UCANE’s staff kept all operations running during the transition without missing a beat. UCANE members gathered and networked in both business and social atmospheres. All Board meetings and Dinner meetings went off without a hitch and, as always, our 2023 Golf Tournament and our 69th Anniversary Banquet ran smoothly and were huge successes. In addition to all our activities, UCANE continued to be vigilant on Beacon Hill, by providing member services, and by always advocating on behalf of our industry. As we end 2023, we all know that every new year presents new challenges for our industry, and UCANE will be up to the task in 2024. We are committed to ensuring that our industry remains strong, that infrastructure funds continue to roll out, and that UCANE continues its stellar reputation as the most respected Trade Association in the region.

2023 represented the first year of the 20232024 legislative session. In the first months of the two-year session, UCANE reviewed over 6,000 pieces of legislation filed at the start of the session, to identify matters of interest to the construction ndustry, specifically, and as employers, generally. Once legislation was identified, UCANE began monitoring and tracking over 250 different bills. With approximately 60 of those bills, UCANE has taken a more active role, whether testifying, speaking to committee leadership and staff, or developing collateral materials. Many of the identified bills that would have a negative impact on member companies, are refiled matters from the previous session. The legislation ranges from measures establishing overly burdensome regulations, to creating unfair advantages in public bidding laws. Whether by redefining the meaning of “fraud”, providing that one license-type has priority over another, limiting access to certain manufacturers or other similar matters, UCANE’s staff and our lobbyist, Mark Molloy of Cascade Strategies, track these bills, and lobby against these measures by developing position papers and written testimony, visiting legislators with UCANE members, speaking at public hearings, and otherwise informing Beacon Hill legislators about the potential impacts of these bills. In addition to weighing in on other stakeholders’ filed matters that may harm our industry, UCANE continues to advance its own legislative priorities. Having passed one of its primary bills last session, UCANE filed two bills aimed at improving the construction industry in the 2023-2024 legislative session. The two matters are House Bill 803/Senate Bill 453, An Act Relative to Water Infrastructure Funding, and House Bill 3001/Senate Bill 1705, An Act Relative to the Timely Payment of Law Enforcement. In supporting these measures, UCANE has met with committee leadership, and testified before the Joint Committee on the Environment, the Joint Committee on State Administration, and the Joint Committee on Public Service, respectively. In addition to advocating continued on page 27

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Wrap-Up continued from page 25 for its own legislation, UCANE also supports a variety of initiatives relative to the funding of the Clean Water Trust’s contract-assistance line-item; legislation creating an alternative funding mechanism for water infrastructure; and legislation to more closely study the state’s MBE/WBE requirements. On the regulatory front, UCANE continues to monitor and weigh in, where appropriate, on regulatory initiatives such as the Massachusetts Department of Environmental Protection’s proposed large entity fleet reporting requirement; the Massachusetts Registry of Motor Vehicles with respect to sideguard regulations; the Massachusetts Department of Public Utilities with respect to Dig Safe regulations, and the Massachusetts Supplier Diversity Office’s updated policies and regulations governing minority and women-owned businesses, among others. As with every new session, UCANE continues to meet with key policymakers throughout the Commonwealth to inform them about our Association, the Commonwealth’s underground utility infrastructure needs, and the construction industry in Massachusetts in general.

UCANE Successfully Supports Additional Water Infrastructure Funding When the Legislature originally debated how to appropriate American Rescue Plan (ARPA) funds, UCANE successfully lobbied for the inclusion of over $100 million directly to a reserve for the Clean Water Trust through the respective Drinking and Clean Water Statewide Revolving Funds (SRFs). This did not, however, spend down the entirety of the available ARPA funds. This session, UCANE, along with other organizations, advocated for additional ARPA funding from the legislature in the economic development legislation (Chapter 2 of the Acts of 2023) that was passed at the start of the 2023-2024 legislative session. This new law, which was one of the earliest bills signed into law by the Healey-Driscoll Administration, included an additional $104 million for the Clean Water Trust and $400 million for the MassWorks program, which provides additional funding for essential underground infrastructure.

#InvestInWaterMA Campaign Continues As you may recall, UCANE sought to build a public relations and awareness campaign to ensure continued on page 29

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Wrap-Up continued from page 27 that often-overlooked water and sewer projects would get their fair share of attention and funding. The UCANE Board of Directors recognized that if water infrastructure is adequately funded, all underground utilities benefit. We developed and implemented a comprehensive, integrated campaign to keep water and sewer infrastructure central to the funding discussion, including through building a strong, growing coalition of allied groups supporting water/sewer funding. This campaign came together under the banner of #InvestInWaterMA and to date has gained support from major Massachusetts business, environmental, real estate, and biotech associations. To this end, UCANE has continued its #InvestinWaterMA campaign in 2023. The effort has paid dividends with increased awareness related to the need for water infrastructure investment as well as advocacy that has made unprecedented new levels of funding available for water and sewer infrastructure projects in Massachusetts. With new potential funding available, and access to, and distribution of, federal infrastructure funds improving, the public awareness campaign, #InvestInWaterMA, continues to remain relevant.

DECEMBER, 2023

Cape Cod's Water Protection Trust Fund Grows in 2023 As most UCANE members know, municipalities on Cape Cod are under court order to address wastewater issues as a result of a successful lawsuit filed by the Conservation Law Foundation (CLF). This is known as the Section 208 Plan. The cost to implement the 208 Plan is estimated between $2 billion and $4 billion over the next 20 years. The 208 Plan is critical to protecting Cape Cod’s drinking water, its beaches, and its coastal industries from excess nitrogen loads created primarily by failed septic systems. The establishment of a Cape Cod Water Protection Trust was heavily promoted and supported by UCANE and others in order to establish a funding source to help pay for the sewer infrastructure on Cape Cod which was mandated in the Section 208 Plan. The 2.75% tax assessed to all short-term rentals (hotels, motels, homes) on the Cape is dedicated to assisting the 15 Cape Cod towns in funding wastewater projects. To date, the Trust has awarded $150 million to Cape Cod communities to fund new water quality and wastewater projects and certain pre-existing wastecontinued on page 31

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Wrap-Up continued from page 29 water debt. With nearly all the Cape Cod towns having submitted their 208 Plans through 2023, and becoming eligible for funding, there was a multitude of sewer and water projects put out to bid on Cape Cod this past year. Almost all of those projects were won by UCANE contractors and more projects are expected for 2024. The implementation of Section 208 will improve the health and well-being of people living on the Cape, and will ultimately mean greater opportunities for UCANE contractors for many years to come.

UCANE/Municipal Officials Continue to Meet: Focus on Implementation of Federal Infrastructure Bill UCANE continued to work with several municipal organizations and officials to advocate for increased investment in water infrastructure through the Federal Infrastructure Investment and Jobs Act, stimulus and surplus funds, the Clean Water Trust and other revenue sources. Each year we regularly meet with the Mass. Municipal Association (MMA), Mass. Highway Association (MHA), and the Norfolk-Bristol-Middlesex Highway Association (NBM). In 2023, UCANE met with Public Works Directors to further efforts of a Task Force started in 2021. Task Force discussions

continue on how best to standardize certain portions of bidding documents that would put all bidders on a level playing field. Creating specifications that are clear and fair will reduce claims to the benefit of both contractors and owners. Again this year, UCANE’s September Dinner Meeting hosted a lively and interactive panel discussion with six speakers representing UCANE Contractors, DPW Directors, and Consulting Engineers. The topics included, how to effectively utilize best practices to address both funding and project impediments such as supply chain issues, inflation, as well as workforce shortages. We will continue to partner with public works and municipal officials on issues that affect our industry.

Wage Theft Legislation There remained a significant effort to pass wage theft legislation in 2023. UCANE recognizes that wage theft hurts workers and responsible employers. Unfortunately, the proposed legislation goes too far and could unfairly punish a contractor for the actions of any tier of subcontractor, regardless of the general contractor’s knowledge of such actions. UCANE supports the enforcement of the many existing laws continued on page 33

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Wrap-Up continued from page 31 already in place on this issue, and was part of a coalition that successfully lobbied for alternative measures to combat the non-payment of wages. UCANE, which submitted written testimony in opposition to this legislation, will continue to work with other stakeholder groups to protect its members from this unfair legislation.

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New Video Legislative Updates with Cascade Strategies In 2023, UCANE began a new quarterly feature for our membership. Using a ZOOM format, our members received a 10-minute video briefing with our Executive Director and our lobbyist, Mark Molloy from Cascade Strategies, on current events before the Massachusetts legislature and certain state agencies. The briefings provided an easy way for our membership to get updated, apart from Construction Outlook magazine or our periodic meetings. From the status of proposed UCANE bills, to new legislative filings, to updates on proposed regulatory changes, the fast-paced information sessions were well received by our membership. We will be continuing these updates, including additional speakers, in 2024.

Water Infrastructure Alliance UCANE continues to be an active member of the Water Infrastructure Alliance (WIA). Comprised of construction, environmental, and engineering companies that promote clean water investment in Massachusetts, the WIA continues to raise awareness before the legislature about the need for investing in water infrastructure. In particular, the investment needed is close to an estimated $21 billion for water and sewer needs over the next 20 years. It has been almost 10 years since the passage of Chapter 259 of the Acts of 2014, which introduced a wide range of provisions to assist the water and sewer funding needs of municipalities, and of the State in general. As described above, the WIA and its membership strongly advocated for additional funding for water infrastructure and climate resiliency measures, which resulted in the aforementioned additional funding of $104 million for the Clean Water Trust, and $400 million for MassWorks. UCANE, which continues to be a driving force in the WIA, provides research, information, testimony, and advocacy materials for other members. Finally, UCANE continues to participate in public relation campaigns for water infrastructure, including being a sponsor of the national “Imagine A Day Without Water” campaign for the seventh consecutive year. continued on page 34 DECEMBER, 2023

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Wrap-Up continued from page 33 Construction Outlook Magazine 2023 was again a very successful year for UCANE’s monthly publication, Construction Outlook magazine. The publication’s circulation continues to grow and, in addition to our membership, includes municipal DPW Directors in all 351 Massachusetts Cities and Towns, all public agencies that are involved with infrastructure work and/or construction regulations, all State Legislators, Constitutional Officers, as well as our Congressional delegation. We also continued our series of interviews with legislative leaders, municipal DPW officials, as well as UCANE Board and Safety Committee members. Our readers are also kept informed each month on

the latest safety, legal, legislative, financial, and IT issues that are important to their businesses. Several member companies graced the cover of our magazine, and were highlighted with interesting feature stories about their history, and some of the challenging and complex projects they have completed. Construction Outlook is well known at the State House, in Washington, DC, and throughout our industry as the premier magazine for the underground construction industry.

Asbestos Removal Training Course UCANE has continued to offer its members both the 8-hour Class II Asbestos Training Course, and the 4-hour Refresher Course (required every five years) in conjunction with ATC Associates, Inc., of West Springfield, MA. Both OSHA and the Department of Labor Standards have approved these courses, which were jointly developed by UCANE, MassDEP, and MWWA. UCANE also successfully lobbied for a temporary virtual training option due to the pandemic. Over the last 11 years, more than 1,000 individuals have received Asbestos Cement Pipe (ACP) Worker Safety Certificates through UCANE. This number includes attendees from over 60 construction companies, as well as representatives from MassDEP, MWRA, MWWA, and municipalities.

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UCANE maintains relationships with the leadership and decision makers at MassDEP, MWRA, and Boston Water & Sewer Commission (BWSC), and continues to attend MWRA Advisory Board meetings, and hold quarterly meetings with MassDEP, in an effort to keep up with discussions on budgets, capital planning, etc. In 2023, UCANE welcomed the new MassDEP commissioner, Bonnie Heiple and introduced our new Executive Director Joseph Nolan, at meetings with John Sullivan at BWSC and Fred Laskey at MWRA. We continue to work closely with all of these continued on page 35

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Wrap-Up continued from page 34 agencies to promote our mutual goals of increased infrastructure investment, and to keep the membership informed of capital construction programs. At UCANE’s March 2023 Dinner Meeting we hosted the heads of the MWRA, BWSC, and the MassDEP who each presented their annual forecasts, detailing the upcoming 2023-2024 list of projects to be bid, and their respective agency funding commitments. This valuable information was also published in Construction Outlook magazine.

Construction Roundtable with AG Along with other construction associations, UCANE continued to participate in construction roundtable meetings with the Massachusetts Attorney General and her staff at the Fair Labor Division to discuss issues of concern to the construction industry. At the 2023 meeting, UCANE welcomed the new AG Andrea Campbell. Agenda items in 2023 included areas of enforcement emphasis, discussing the potential impact of various legislative proposals, including wage theft legislation. Other items included reviewing bid protest decisions, prevailing wage issues, abuse of the sick leave law, and MBE/WBE compliance goals.

DECEMBER, 2023

OSHA & Safety Related Issues Workplace Safety is always a top priority for UCANE. In 2023, we continued to provide members with updates on the latest safety issues, changes in safety legislation at both the state and national levels, and best management practices when it comes to providing a safe jobsite. Email alerts are broadcast to all members when there is important breaking safety news, and the Safety Corner articles in Construction Outlook magazine, written by safety professionals employed by our members, highlight safety topics of relevance. Safety updates are on the agenda at every UCANE Board meeting. In June of 2023, UCANE again, for the sixth year, participated in a National Trench Safety Stand Down Week. This was an OSHA endorsed effort in which companies emphasized trench safety by having toolbox talks or other safety activity with their field crews. By the end of the week, 22 UCANE member firms paused their workday at 356 construction sites to talk about trench safety with 2,577 employees. That employee count represents 10% of the total count in this nationwide safety event, and established UCANE as the Number One Trade Association participant in the country, which is truly an achievement in which we take great pride. continued on page 37

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Wrap-Up continued from page 35 UCANE's Safety Committee met regularly in 2023. The committee, made up of safety professionals from within our membership, hosted Peter Barletta, from the Region 1 OSHA office, to update members on the latest OSHA activity, and in particular OSHA’s continued Trench Emphasis Program, hot weather requirements, and various changes to OSHA’s enforcement policies. Other guest speakers addressed the committee on important topics including pre-employment physical exams, medical surveillance programs, Dig Safe regulations and DPU citations, and “hardhats vs. helmets”. The latest information on Employer responsibility regards allowable drug and alcohol testing policies and mental health awareness was also shared between safety experts on the committee.

National Legislative & Industry Initiatives UCANE continues to be an active member of the national contractor’s group, the Clean Water Construction Coalition (CWCC), which has grown to 28 member Associations representing more than 11,000 contractors nationwide. CWCC maintains a strong presence in Washington, DC and promotes the need

for clean water funding. Our group met with members of the Massachusetts Congressional Delegation, as well as fellow CWCC contractors from across the country to discuss local and national water infrastructure issues. The CWCC had a tremendous victory in 2021 with the passage of the IIJA (Infrastructure Bill) which committed over $1 billion to Massachusetts for water infrastructure projects and billions more for other utility infrastructure projects. The funds began arriving in 2022, ramped up in 2023, and will continue at least into 2028, providing great opportunities for UCANE members. We will continue to work with the CWCC in 2024 to ensure that the maximum amount of this committed funding is allocated so that New England’s critical infrastructure projects can be completed.

Membership UCANE continues to attract, and add, successful contractors of all sizes to our ranks. Each year new Associate Members, those who sell products and services to our contractors, also see the benefits of joining UCANE as an affordable opportunity to increase contacts and to support the Utility Construction Industry. In 2023, UCANE welcomed a tocontinued on page 39

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Wrap-Up continued from page 37 tal of 10 new members to its current roster of over 250 members. With the help of current members, we will continue our outreach efforts in 2024 to add additional, well-respected members, who will benefit from joining our Association and will help to strengthen our industry.

Member Communications UCANE continues to regularly update members with the latest information affecting our industry, including legislative, safety, and funding related issues. We also continued our “Video Updates” as a resource for members. These updates are interviews with our state and federal lobbyists, as well as elected officials and candidates. We hope to expand on these video updates in 2024. Once again, the UCANE Industry Directory was sent to all Municipal DPW Directors in the state. Our Directory also includes an “Emergency Services” section to provide DPW officials with quick contact information to reach UCANE members in case of a local emergency. UCANE sent monthly e-newsletters informing members of the latest construction and legislative related issues. As a complimentary feature to support our “Buy from UCANE Members Program” our enewsletter includes ads that appear in our magazine, on a rotating basis, at no additional charge.

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UCANE’s website and social media-feeds are updated daily with the latest industry news. UCANE’s website makes it easier for members to access information on seminars and meetings. It includes a digital version of Construction Outlook magazine, as well as a list of all of our advertisers, and links to their websites. UCANE continues to increase its outreach to public officials and stakeholders through a variety of social media platforms such as LinkedIn, X, and Facebook.

College Scholarship Program Thanks to the generosity of our members at UCANE’s Annual Scholarship Auction, and to those members who funded Memorial Scholarships, UCANE once again awarded 12–$2,000 college scholarships in 2023 to well deserving students who are the children and grandchildren of UCANE members and their employees. At a UCANE dinner meeting, with their parents in attendance, the scholarships are typically presented by a Boston area sports celebrity with a motivational message. These scholarship recipients never cease to amaze our association members with their maturity, their achievements, and their high aspirations. continued on page 40

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Wrap-Up continued from page 39

•

UCANE members take great pride in our Scholarship Program which, in 2023, completed its 49th year.

•

UCANE's Many Charitable Endeavors Include:

•

• • • • • • •

•

Tunnel2Towers in honor of those who served our Country. Marisa’s Mission in Memory of Marissa Federico. Leukemia & Lymphoma Society of MA in honor of the Federico Family. The Diabetes Foundation in honor of the Benard Family and McCourt Family. The Joe Andruzzi Foundation to assist Cancer patients in honor of Joe Andruzzi. The Mystic River Herring Run & Paddle to support the Mystic River Watershed Association. The Pan-Mass Challenge through Joel Lewin (Hinckley Allen, LLP); Tom Descoteaux (R. H. White Construction Co., Inc.); and Bob Magliozzi (L. Guerini Group, Inc.). The “Rodman Ride for Kids” through Rodman Ford Sales, Inc.

• • •

The Alzheimer’s Association in honor of the Richard Pacella Family. The McCourt Foundation in Memory of Frank and Richard McCourt. The Massachusetts Hospital School in honor of the John F. Kennedy Family. The Disabled American Veterans (DAV) through Dan Mahoney (MBO Precast, Inc.). Brigham and Women’s Hospital Supported many other local and national charities throughout the year. n

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Representative Tolly Vitolo’s background is in economics and engineering. Following college, he worked as a consultant in the electricity industry, analyzing the long-term capital plans of electric utility plans. He was also involved in Brookline local politics, as an elected Town Meeting Member and a Constable. When State Representative Smizik announced that he would retire, Representative Vitolo decided to run for State Representative and won.

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

Unrestricted local aid is critically important, as is targeted investment. I’m excited about the trend of targeted money. President Biden’s IRA bill is an example of directing investment into critical infrastructure. His American Rescue Plan Act, known as ARPA, is another. I would like to see the Commonwealth continue to increase funding for infrastructure projects, possibly tied to efforts to eliminate or reduce combined sewer overflows, flooding, or other challenging, adjacent, expensive problems.

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DECEMBER, 2023

Limited transportation access in Brookline makes economic growth somewhat challenging; Brookline is not quite on a highway, has no commuter rail station, is at the edge of the subway system, and the local roads are rather congested. There is some renewed interest in encouraging more commercial growth to mitigate the property tax burden on homeowners. I am hopeful that the town will find ways to generate significant new economic growth along Route 9, Harvard Street, and elsewhere within the community.

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

Safe, reliable drinking water is essential to every industry! Whether you work at a health care facility, a restaurant,

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Interview continued from page 41 as a fire fighter, or even from home, everybody in Brookline needs and has fully reliable access to safe water for drinking, cooking, fighting fires, or a thousand other reasons. That’s a credit to the MWRA, the Brookline Water & Sewer Division of the Department of Public Works, and generations of people working both in the field and in government offices planning, investing, and building and maintaining a safe, reliable water and sewer system.

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

community choice aggregation (CCA) laws. CCA allows a municipality to procure greener electricity at lower prices than the investorowned utility, and to offer those savings directly to electric billpayers. Unfortunately, under the current law, if a municipality wants to create or change its CCA it can take months or years to get those changes approved by the Department of Public Utilities (DPU). A bill I filed, H.3852, would allow municipalities to improve their CCA programs more quickly and take advantage of innovations related to solar PV, electric vehicle charging, heat pumps, and more. I also introduced an update to the Spark Act, H.3236, which would create orderly updates to the base, stretch, and specialized stretch energy codes. This bill would also require that all new building by government agencies comply with the requirements of the specialized stretch energy code, and that more new buildings be designed and built in preparation for eventually hosting solar panels on the roof. n

The three most important aspects of ensuring an adequate labor force are wages, benefits, and working conditions. If you treat workers right, young people will seek to become the next generation of workers in the field. Of course, we must also ensure that trade schools, John Hoadley and Sons Inc. apprentice programs, and other training opportunities are availWater Works Specialist John Hoadl able and of adequate size. Finally, Water Works Specialist Tel:781-878-8098 Fax:781-878-5298 Water Works Spe working to steady the boom-bust Tel:781-878-8098 Tel: 781-878-8098 Fax: 781-878-5298 cycle of the construction industry “Our Products the Most Trusted NamesNames in theinIndustry” “OurIndustry” Products Are the Most Trusted N “OurAre Products Are the Most Trusted the by leaning on government, uni� U.S. Pipe ● Cultec � U.S. Pipe ● Cultec Chambers � Mueller Fire Hydrants ● Nation • U.S. Pipe • Cultec Chambers versities, medical facilities, and � Mueller Tapping Sleeves & Valves ● ADS P � Mueller Fire Hydrants ● National •Pipe & Plastics • Mueller Fire Hydrants National Pipe & Plastics other large institutions to build � Smith Blair Clamps & Couplings ● Genera � Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers • Mueller Tapping Sleeves & • &ADS Pipe & Chambers Mechanical Services countercyclical to the economy � Tapping Sleeves & Gates Installed • Clamps Smith & Blair Clamps & Couplings • General Foundry Castings � Smith Blair Couplings ● General Foundry Castings � Line Stop / EZ Valves will help people who enter the Mechanical Services � Cutting of Chilled Water Lines & Mechanical Services field remain in the field as interest � Pressure Testing & Disinfection o � Tapping Sleeves & Gates Installed / Cut � Installation & Testing of Backflow • Tapping Sleeves & Gates Installed / Cut rates and unemployment in the � Large Diameter Hydraulic Pipe C � Line Stop / EZ Valves • Line Stop / EZ Valves � Hydrant Installation & Repair economy vary. � Cutting of Chilled Water Lines & Steam Lines

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Can you share some of your own priorities for the 20232024 legislative session?

• • � • � • � • � • �

Cutting of Chilled Water Lines & Steam Lines Pressure Testing &&Disinfection Pressure Testing DisinfectionofofNew NewMains Mains Installation & Testing of Backflow Preventers Installation & Testing of Backflow Preventers Large Diameter Hydraulic Pipe Cutting Large Diameter Hydraulic Pipe Cutting Hydrant Installation & Repair Hydrant Leak Installation & Repair Electronic Detection Electronic Leak Detection

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Sales& Service Sales & Service Serving ofof Servingallall New NewEngland England

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One of my priorities this session is to make improvments to the

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Construction & Public Contracts Group, Hinckley Allen, LLP

Christopher Morog Partner

Robert T. Ferguson Partner

False Claims Act Judgment Entered Against Massachusetts Subcontractor for Submission of Sub-Subcontractor’s Fraudulent Payroll Records on Public Projects As many of you are aware, the Massachusetts Office of Attorney General (“AG”) recently announced the issuance of a court judgment against a local subcontractor arising out of its sub-subcontractor’s failure to pay prevailing wages in connection with two public projects. According to the AG, this is “the first case to affirm that liability under the Massachusetts False Claims Act extends up the payment chain to contractors who, by action or inaction, knowingly facilitate misconduct by their subcontractors.”

owever, as is frequently the case, the devil is often in the details. Notably, the AG did not pursue either of the two general contractors working on the public projects at issue. Instead, the AG went after a subcontractor and its sub-subcontractor in a unique situation involving fairly obvious liability. Contractors should be aware that the case involved two major red flags: (1) First, although the subcontractor was aware that the two projects were subject to Prevailing Wage Act requirements, the AG asserted that the subcontractor used private wages as a basis to calculate its bid. The subcontractor’s costs were primarily related to carpentry labor and it appears that the prices of its sub-subcontracts were not sufficient to cover the costs of complying with the Prevailing Wage Act. (2) Second, practically speaking, the subcontractor acted as a pass-through broker. The subcontractor completely outsourced its responsibility to provide carpentry labor to a sub-subcontractor (which then engaged a third-party firm to actually provide the carpentry labor). In addi-

DECEMBER, 2023

tion, the subcontractor did not maintain a jobsite presence and failed to oversee the carpentry labor on either project. The sub-subcontractor (which admittedly failed to pay prevailing wages and settled separately with the AG) provided numerous false Certified Payroll Reports that the subcontractor, in turn, submitted upthe-chain in connection with its requests for payment. This is what gave rise to the subcontractor’s liability under the False Claims Act. According to the Superior Court, the subcontractor “did not review records, inquire, or take any continued on page 46

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Legal Corner continued from page 45 steps to verify [that its sub-subcontractor] was complying with the Prevailing Wage Law.” In the unique circumstances of this case, the Superior Court found that the subcontractor “passively disregarded the truth,” “failed to make a minimum examination” and “ignored obvious warning signs” when it came to submission of its sub-subcontractor’s false certified payroll records. The Superior Court also noted that the subcontractor had “buried its head in the sand” by failing to recognize that it was receiving payment from the government in excess of its subsubcontract prices.

Although formal “Wage Theft” legislation has not yet been enacted in Massachusetts, and although this case may be limited to its peculiar facts, it is nevertheless advisable that contractors include procedures in their compliance programs designed to monitor the accuracy of subcontractor certified payroll records or identify obvious violations of applicable requirements. Contractors should not ignore obvious warning signs or red flags signaling that their subcontractors are engaging in unlawful Boston Area Locations conduct. n

The AG’s press release has caused a stir in the industry, particularly among general contractors questioning the extent to which this judgment may broadly require 2 Dexter Street them to act as a watchdog when Everett, MA 02149 Boston Area Boston Area it comes to their subcontractors’ Locations Locations 431 Second Street compliance with Prevailing Wage Everett, MA 02149 Act requirements. While each 2 Dexter Street 2 Dexter Street case is fact-dependent, a few genEverett, MA 02149 Everett, MA 02149 eral observations can be made: •

•

The Superior Court’s judgment relates to the facts of this particular case and does not represent a controlling decision of an appellate court. It is not yet clear whether the judgment will be appealed, and if so, how an appellate court would rule.

431 Second Street 431 Second Street Everett, MA 02149 Everett, MA 02149 BOSTON AREA LOCATIONS 100 Fremont Street 2 Dexter Street 431 Second Street Worcester, MA 01603 Everett, MA 02149 Everett, MA 02149

The AG did not go after the general contractors; it does not appear from the record that either general contractor had a basis to know of any Minichiello Bros./Scrap-It, Inc., unlawful conduct or otherwise Minichiello Bros./Scrap-It, Inc. facilitated any misconduct by Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal their subcontractors. sellers and processors of scrap metal. For over 60 years has our remained

has remained the same - to provide the best prices in the industry along with

the same - to provide the best prices in the industry along with top notch The subcontractor’s conduct top notch service! Fred Rogers at 617-595-5505 customer service! Callcustomer Fred Rogers at Call 617-595-5505 was arguably tantamount to inMinichiello Bros./Scrap-It, Inc., tentional conduct with respect Minichiello Bros./Scrap-It, Inc., Serves over 2500 customers a week and is one New England's largest buyers, to blatant violations of the Preand processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers vailing Wage Act. Assellers a result, thevigilant same - to provide the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has remain while the AG remains customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch when it comes to compliance customer service! Call Fred Rogers at 617-595-5505 with the False Claims Act and the Prevailing Wage Act, this case is not necessarily an Turn your metal into money today! example of overly-aggressive Turn your metal into money today! government enforcement of Minichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. borderline violations.

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Turn your metal into money today!

DECEMBER, 2023

UCANE STARTS 2024 MEMBERSHIP DRIVE

JOIN THE MOST HIGHLY RESPECTED CONTRACTORS ASSOCIATION IN NEW ENGLAND ! CONTRACTOR MEMBERS

UCANE Contractors build New England’s infrastructure including water, sewer, and gas pipelines - pump stations and treatment plants - and roads and bridges. They build dams, foundations, and perform commercial and residential site development. If a project involves underground work or excavation, you’ll most likely see a UCANE contractor doing it. Our contractors work for Public Owners and Private Owners. They are Union and Open Shop. They range from small family businesses to some of the largest contractors in New England. One common theme is that our UCANE contractors are professional, informed about all aspects of their business, and are some of the most successful and well-respected names in the construction business.

ASSOCIATE MEMBERS

UCANE Associate Members provide goods and services to our contractor members. Their business success is dependent to varying degrees on the strength of the construction industry and their contractor customers. Associate members provide construction materials such as pipe, gravel, concrete, and all the various items that get incorporated into a construction project. They provide bonding, insurance, legal, accounting, and other services necessary to run a construction business. They provide excavators, loaders, trucks, and the vast array of equipment and tools that contractors need to perform the work. Associate members also provide specialty subcontractor services for our contractors.

UCANE has been representing the Construction Industry since 1954 To learn more about UCANE and to see the many benefits that a UCANE Membership can offer to you and your company, please visit our website at www.ucane.com or call UCANE in Quincy at 617-471-9955

SPECIAL 2024 MEMBERSHIP OFFER

Any new Contractor or Associate Member that submits 2024 Dues during the remainder of 2023 will enjoy all member privileges for the remainder of 2023 at no additional cost. The Dues check will extend Membership thru the entirety of 2024. JOIN YOUR PEERS - JOIN UCANE ! DECEMBER, 2023

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UCANE’s 69th Anniversary Banquet was held on November 4, 2023 at the Newton Marriot Hotel. It was a beautiful New England night as 550 UCANE members and guests filed into the hotel. Our Banquet has always been a chance to socialize with fellow members and friends as the end of the hectic construction season approaches, and the occasion to announce, and honor our UCANE “Contractor of the Year” and our “Associate Member of the Year.” Our Banquet is also the highlight of UCANE’s social calendar, and the sense of excitement and anticipation was contagious as our members and their guests arrived. Everyone had a chance to view the table filled with beautiful prizes that would be won by lucky attendees during the evening’s continued on page 50 festivities, helping to raise the reveler’s excitement level even more.

DECEMBER, 2023

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Banquet continued from page 49

xecutive Director Joe Nolan, New England’s “Number One Party Planner” Anne Klayman, and the UCANE staff, made sure that our members and guests would have a special night, and that all the stops were pulled for the construction industry’s most spectacular and elegant gala.The theme for the evening was “Music Legends of the ‘80s.” A memorable night of camaraderie, great food, outstanding music and entertainment, and another “over-the-top” event was about to begin. The first stop of the night was the Commonwealth Ballroom for our Social Hour and a beverage. In addition to two bars, there was a special Martini Bar serving colorful cocktails. Waiters traversed the room with Passed Wine and a medley of tasty hot Hors D’oeuvres. Guests surrounded the Hot Seafood Bar (Do you like toasted lobster rolls?), and the Cold Seafood Bar (Fresh oysters and jumbo shrimp anyone?), while others enjoyed the large arrangement of cheese, crackers, fresh vegetables, and other sumptuous snacks. It took a lot of self-discipline to leave the Social Hour and still have room for dinner! Next stop was the Grand Ballroom where the real festivities would be held. On cue, the 13-piece band on stage began a medley of familiar and lively tunes as the ballroom doors swung open and the guests entered. Every eye was wideopen and beaming as the crowd walked continued on page 51

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DECEMBER, 2023

Banquet continued from page 50 in and saw the fantastic display of decorations that awaited them. From the sparkling large red umbrellas on the ceiling, to the shimmering silver streamers over the dance floor, to the glittering sequined backdrop of music legend portraits on the stage, to the huge flower arrangements at each decorated table, every attendee was treated to a visual experience that they would not soon forget. After everyone was seated, UCANE President Ryan McCourt welcomed all to our event. He thanked Anne Klayman and the UCANE staff for all the hard work that went into planning and setting up our gala. Ryan then introduced UCANE’s new Executive Director Joe Nolan, who was attending his first UCANE Banquet. “I’ve only been on board here for a couple of months,” said Joe, “and I’m very proud to have the opportunity to work with this top-notch organization. I must say I am definitely ‘dazzled’ and a little awestruck by tonight’s impressive event. I hope to get a chance to personally meet as many of you as possible throughout the evening.” Joe thanked all the members for their support of not only our event, but for their continued support of our Association throughout the years.He also thanked our members for all of the important infrastructure work that they do every day, that not only protects the environment, but also makes New England a better place to live for all of our families. He reminded the audience that the federal “Infrastructure Bill” was only in its early stages. It will continue to provide funding for more important projects in 2024 and for years beyond, and “UCANE contractors will be ready, willing, and able to get those projects built!” Joe then introduced Anne Klayman who would emcee tonight’s award ceremonies and tell everyone a little more about the evening’s festivities. Anne first introduced each of UCANEs 2023 Officers and Board Members who were in continued on page 52

DECEMBER, 2023

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Banquet continued from page 51 attendance. She thanked them for their dedication and commitment to both UCANE and the construction Industry. In today’s busy world where nobody seems to have any time, the personal time that these board members put in for UCANE is much appreciated, and has been a key to making our Association so successful. Anne also thanked the more than 150 UCANE members whose generous sponsorships helped make tonight’s event so special, and in particular, C. N. Wood Company, Inc. owners Bob and Paula Benard, who, along with Komatsu Corporation, have for the past 24 years stepped up to host our gala. Komatsu’s President of U.S. Operations Tim Tripas was invited to the podium to express Komatsu’s pride to be associated with the Benard family and with UCANE for so many years. He also wished all in attendance a great party tonight and a healthy and successful 2024. Anne also thanked several other major contributors to tonight’s festivities including Concrete Systems, Inc. (Cold Seafood Bar) United Concrete Products (Hot Seafood Bar), Pat DiCerbo-Northwestern Mutual (Martini Bar), E.J. Prescott, Inc. (Passed Wine) and United Construction & Forestry, LLC (Photo continued on page 53

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DECEMBER, 2023

Banquet continued from page 52 Booths). (A full listing of sponsors to our 69th Anniversary Banquet can be found on pages 58-59.) Next on the evening’s agenda was the muchanticipated announcement of the UCANE members who were voted by their peers as “Contractor and Associate Member of the Year.” Our recipients are recognized for their dedication and contributions to our Association, and they exemplify the best qualities and high standards that any Association would look for from its members. These recipients are chosen by their peers through secret ballot. Their names are only known to our awards committee members. The entire audience, including in most cases the recipients, have no knowledge of who the recipients are until Anne made the announcement that evening. The 2023 Associate Member of the Year went to William Cove, Northeast Safety Manager of Sunbelt Rentals, Shrewsbury, MA. (See article on page 60.) The 2023 Contractor of the Year went to Ryan McCourt, President of McCourt Construction Company, South Boston, MA. (See article on page 63.) After the awards presentation, and some moving acceptance remarks by our two recipicontinued on page 54

DECEMBER, 2023

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Banquet continued from page 53 ents, Anne took to the podium and detailed the rest of the evening’s program. She first noted that the red bags on each table had beautiful wristlets inside and were gifts for the ladies. She also reminded the audience to make sure they visit the photo booths, just outside of the ballroom, which would be open all night. She then explained the rules for being eligible to win one of the many fabulous prizes. “Tonight’s band is the popular Decades by DeZyne,” said Anne. “Getting everyone up to dance will be their goal, and get ready for a special guest singer to arrive at 10:00 p.m.” Anne then introduced UCANE President-Elect Brian Cooney (C.C. Construction, Inc.) who gave the Invocation.

As a large and professional waitstaff scurried about the room serving a delicious four course meal, anchored by a top shelf “surf and turf” dinner (filet mignon and shrimp scampi), the band took to the stage and lit up the ballroom. They are New England favorites, and their ability to blast out oldies as well as current hits, kept the party atmosphere going and the dance floor crowded all night long. The only break Decades by DeZyne vocalists took was when the band welcomed the night’s “Special Entertainment”, none other than a tribute the international star, solo pop artist, and Lifetime Award winner from England, Rod Stewart. The tribute entertainer, Jay Gates, and his back-up singers, rocked the stage with a high energy performance singing a

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continued on page 55

DECEMBER, 2023

Banquet continued from page 54 collection of Rod’s greatest hits, and elevated the night’s thrills to new heights. As the party rocked on, our emcee drew names of our attendees, and awarded some beautiful prizes to the lucky winners on the dance floor. Prizes included, an Apple iWatch, a David Yurman Black Onyx and Diamond Necklace, 14kt. Gold Hoop Earrings, a Black Onyx and 14kt. Gold Necklace, a chance to win more than $25 million with $250 in Lottery Tickets, a David Yurman Diamond Necklace, and a 65” Vizio Smart TV! Lighted party favors, including sequined hats, rings, sunglasses and much, much were distributed to everyone on the dance floor which added to the light show, and to the fun atmosphere! continued on page 57

DECEMBER, 2023

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Photo’s by JuliArt Photography

Banquet continued from page 55 Our members and guests only took a breather from the dance floor long enough to cool down at the largest Gourmet Ice Cream Sundae Bars in Middlesex County, or to gather up some sweets at the overflowing Candy Buffet. UCANE’s 69th Anniversary bash at the Newton Marriot Hotel lasted late into the night and was another resounding success. UCANE members once again proved they not only work hard every day building and supporting critical infrastructure projects, but they also know how to party hard too!

DECEMBER, 2023

As always, this memorable evening was only made possible by the generosity of UCANE members. Our Association is the most respected Contractor group in New England and has a history of proven results that benefit the industry. Our Contractors and our Associate members are the best in the business! UCANE staff will never rest on its laurels, and when it comes to UCANEs 70th Anniversary Banquet next year, you can bet it will be one you do not want to miss. Thank you all for a great evening! n

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

Hot Seafood Bar United Concrete Products, Inc. Cold Seafood Bar Concrete Systems, Inc. Photo Booths/Green Screens United Construction & Forestry, LLC Martini Bar Pat DiCerbo - Northwestern Mutual Passed Wine Service E. J. Prescott, Inc. Custom Dance Floor Barletta Heavy Division Candy Buffet World Insurance Associates, LLC Entertainment Core & Main Dagle Electrical Const. Corp. W. L. French Excavating Corp. GVC Construction, Inc. Band Barletta Heavy Division GeoEngineers Hinckley Allen, LLP McCourt Const. Company Putnam Pipe Co. / a Dana Kepner Company RJV Construction Corp. Shea Concrete Products Taylor Oil Company Sundae Bar ATS Equipment, Inc. C.C. Construction, Inc. DeFelice Corporation Dig-It Construction, LLC

Gagliarducci Const., Inc. MDR Construction Co., Inc. Robert B. Our Co., Inc. Scrap-It, Inc./Minichiello Bros., Inc. Tim Zanelli Excavating LLC Decorations Jay Cashman, Inc. Pawtucket Hot-Mix Asphalt U.S. Pipe Invited Guests Feeney Brothers Utility Services (10) Milton CAT (10) Program Book Sponsor Tonry Insurance Group, Inc. Program Book Advertisers Albanese D&S, Inc. Barletta Heavy Division Concrete Systems, Inc. Core & Main Pat DiCerbo - Northwestern Mutual IUOE-Local 4 Milton CAT Northeast Traffic Control Serv., Inc. E. J. Prescott, Inc. Starkweather & Shepley Insurance Brokerage, Inc. Travelers United Concrete Products, Inc. United Construction & Forestry, LLC Vermeer All Roads C. N. Wood Co., Inc. & Komatsu World Insurance Associates, LLC All Signage RoadSafe Traffic Systems, Inc.

Centerpieces

CleanBasins, Inc. DeSanctis Insurance Agency, Inc. Lorusso Heavy Equipment, LLC Ludlow Construction Co., Inc. McWane Ductile North American Crane & Rigging LLC Rapid Flow, Inc./ Vacuum Excavation, Inc. Ritchie Brothers Auctioneers SPS New England, Inc. Starkweather & Shepley Insurance Brokerage, Inc. WES Construction Corp.

Ladies’ Gifts

Albanese Brothers, Inc. Albanese D&S, Inc. A. R. Belli, Inc. Celco Construction Corp. Citrin Cooperman & Co., LLP Jack Doheny Company FED. CORP. P. Gioioso & Sons, Inc. S. M. Lorusso & Sons, Inc. R. M. Pacella, Inc. Ritchie Brothers Auctioneers (2)

Prizes & Surprises

Aqua Line Utility, Inc. Biszko Contracting Corp. Jay Cashman, Inc. T. L. Edwards, Inc. Lorusso Heavy Equipment, LLC Massachusetts Ready Mix LLC McCourt Construction Company OHS Training & Consulting, Inc. Ocean State Oil RFS Corp. Rapid Flow, Inc./ Vacuum Excavation, Inc. R. H. White Construction Co., Inc. R. Zoppo Corp.

Party Favors

DeSanctis Insurance Agency, Inc. Eastpoint Lasers, LLC I. W. Harding Const. Co., Inc.

Lorusso Corporation Marois Brothers, Inc. Mersino Dewatering Milton CAT Sunbelt Rentals

Social Hour

Allied Bolt & Screw Corp. B2W Software, Inc. Badger Daylighting Baltazar Contractors, Inc. Dennis K. Burke, Inc. Cullen, Murphy & Co., P.C. Darmody, Merlino & Co., LLP (CPA) EJ USA GZA GeoEnvironmental, Inc. Hilb New England HUB International New England McLaughlin Cheverolet National Trench Safety J. A. Polito & Sons Co., Inc. Qualified Pension Services, Inc. RJV Construction Corp. Rapid Flow, Inc./ Vacuum Excavation, Inc. Scituate Concrete Products T-Quip Sales & Rentals, Inc. Vermeer All Roads J. F. White Contracting Company

Plaques

The Driscoll Agency Lawrence-Lynch Corp. Milton CAT Northeast Traffic Control Services., Inc. Podgurski Corp. Umbro & Sons Const. Corp.

Presentation Bouquets

C.J.P. & Sons Const. Co., Inc. L. Guerini Group Inc. Henniker Directional Drilling, LLC KJS, LLC H. R. Prescott, Inc. Sunbelt Rentals Twelve Points Retirement Advisors

Ryan and Charity McCourt with Ryan’s mother Ginger, son Cameron, and daughter Kylie

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DECEMBER, 2023

CANE’s Contractor of the Year Award is the highest honor bestowed on a member by the vote of their peers. Past recipients are some of the most respected men and women in the underground industry. They have commonality in giving their personal time and energy, year after year, to promote, support, and enhance UCANE’s goals and reputation as the premiere contractor’s Association in New England. Recipients of this coveted award exemplify the highest standards of business excellence and professionalism that our Association has come to expect. This year’s recipient fits these high standards perfectly. Our members voted Ryan McCourt of McCourt Construction Company (South Boston) as UCANE’s 2023 Contractor Member of the Year. Ryan and his brothers Trevor and Matthew, own and operate this, highly respected, 5th generation business. Established in 1893, McCourt Construction is one of the oldest companies (of any type) in Boston. With a broad range of infrastructure capabilities, the name McCourt is familiar to all the major public agencies, and widely known for tackling, and successfully completing, many difficult and “landmark” projects in the Eastern Massachusetts area and beyond. As one might expect, Ryan’s father Richie, who was also a dedicated UCANE member, and himself awarded the Contractor of the Year award in 2012, exposed Ryan and his brothers to the family business at a young age. The three brothers took to the construction business and could not wait to get started. Ryan started working for the company during his high school and college summers. After graduating from Boston College in 1999, he began full-time and, by his father’s design, started as a laborer and worked his way up through various field positions to get the hands-on experience required of every McCourt generation. Ryan later progressed into the various management roles within the company from superintendent, to project manager, and eventually, estimator. In 2015, he assumed the role of President of the company. Richie McCourt’s commitment to UCANE, and his sense of giving back to the construction industry from which his family thrived, was definitely passed down to his three sons. Like his father before him, Ryan has been very active in the Massachusetts

construction industry, including taking a position on the UCANE Board of Directors in 2014. He soon advanced to officer roles serving as Secretary, Treasurer, and President -Elect before being sworn in as UCANE President in 2022. Ryan is an effective communicator and dedicated to maintaining the high level of respect that UCANE enjoys throughout the underground industry. He continues to be a hands-on leader in both his company and in UCANE by advancing diversity within our industry, and he is in the forefront of the challenge to find and train the next generation of tradesmen and construction professionals. He personally participates in job fairs and enjoys interviewing co-ops that his company hires every year. If running a large construction company, being active in Construction Associations, and all of the above is not enough, Ryan still finds time to coach his children’s sports teams including Flag Football, Soccer, and Basketball. The announcement by Anne Klayman that Ryan was the recipient of UCANEs Contractor of the Year award was received by a standing ovation from the over 550 guests. As his wife Charity accompanied Ryan to the podium to accept the award, Ryan turned to see his two young children, son Cameron and daughter Kylie, running up behind him. The children, along with Ryan’s Mother, Ginger McCourt, his brothers Trevor and Matt, and some of his friends and family members all suddenly appeared from the “VIP room” where they were waiting to surprise Ryan who had no prior knowledge that he had won the award. Ryan thanked the audience and his fellow UCANE members for honoring him with this award and thanked his wife Charity for always supporting him and his oftentimes “over-booked” schedule. He encouraged other members to find some time to get on a committee, or to join the Board of Directors for a term to better know how UCANE operates on behalf of their members. “I have always been in awe of this Association,” said Ryan, “ but maybe not equal to tonight. “You really caught me off my guard this time!”, he said with a smile. True to the efficient way he runs his business and his Board meetings, after a few heartfelt words Ryan soon raised his hand and said, “Let the party begin!”

It was a great pleasure to present UCANEs 2023 Contractor of the Year Award to Ryan McCourt and to see the look of pride on the faces of his family. We look forward to sharing many more years of wisdom and support from Ryan and the McCourt family. n

DECEMBER, 2019 2023 NOVEMBER,

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61 57

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DECEMBER, 2023

CANE’s Associate Members are the businessmen and women who sell and service machinery, supply materials, finance, bond, insure, litigate, and support our contractor companies. We are fortunate to have some of the best and well-respected companies in our industry as members. This year’s honoree, William (Bill) Cove, has more than 40 years’ experience with construction equipment sales, rentals, repairs, and in particular personnel safety when working around construction equipment. Bill started his career with Ingersoll Rand Company and worked there for 27 years before moving to Sunbelt Rentals in 2003. At Sunbelt, Bill has dedicated himself to the safety side of the equipment rental business and is currently the Northeast Regional Safety Manager, with responsibilities for 32 Sunbelt branch locations in seven states, containing upwards of 500 employees. Both of Bill’s employers are leaders in their fields and both also have long histories as UCANE members. Early in his career Bill got involved in UCANE and he has been his company’s representative to UCANE for over 35 years. Over those years, Bill has been a visible face to many in the industry and an active UCANE member. He has been a valued member of UCANE’s Safety Committee for 20 years, including the last five years as Committee Co-Chair. Bill has been instrumental in helping to create UCANE’s Safety Manual and to annually assist our Association with the production of, and regulatory updating of, our manual. The pocket version of the UCANE Safety Manual is used by the majority of our contactors as a guide in the development of their own company safety programs. Bill has recently announced that he will be retiring next year to spend more time with his wife MaryAnn, their two daughters Lauren and Erica, and his two grandsons. Bill also wants to do some travelling and is looking forward to working in his woodworking shop. Sunbelt’s Regional Vice President, Taylor Mann, said about Bill, “He’s a hard-working and honest guy who represents our company’s best interest every day. He is a professional with a high moral character and someone who would go out of his way to help someone in need.” Those of us that work at UCANE,

DECEMBER, 2023

Bill and MaryAnn Cove and the many members who have known Bill over the years, can certainly attest to that statement. Upon completion of her remarks, Anne Klayman asked Bill and his wife MaryAnn to come to the stage to accept the award. As Bill turned to the podium he was not only treated to a great applause, he was also treated to the sight of his daughters’ smiling faces who were suddenly ushered in from the “VIP” waiting room to surprise him with their attendance. Bill thanked all of his peers, not only for voting him this award, but for providing him with their friendship and for being part of a very satisfying career. “I have been blessed to work for two great companies, “said Bill.” and I’ve made a lot of friends in this industry, many of whom are in this room tonight. I have always enjoyed my involvement with UCANE and have been proud to help out whenever called upon.”

UCANE Congratulates Bill Cove on being awarded the 2023 Associate Member of the Year. Thank you for your unwavering dedication to our industry for so many years, and thank you for your contributions to making all of our workplaces safer. n

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UCANE’s 69th ANNivErsAry BANqUEt • 11.4.23

Custom and Standard Concrete Products... Our Specialty! United Concrete Products, Inc.

www.unitedconcrete.com

173 Church St. Yalesville, CT 06492

Offering a full range of products: Manholes, Catch Basins, Septic Tanks, Leaching Chambers, Dry Wells, Distribution Boxes, Pump Chambers, Grease Traps, PreTreatment Tanks, Utility Vaults, Meter Pits, Yard Drains, Box Culverts, End-Walls, Wing Walls, Curbs, Water Quality Structures, Prefab. Pump Stations, Storage Buildings, Dugouts, Concrete Barriers, Cable Concrete, Retaining Walls, Restroom Buildings, Telecommunication Shelters, Prestress Bridges, National Grid, Traffic Control Structures and many more.

Toll Free: (800) 234-3119 Fax: (203) 265-4941

Jason Lindsey

jlindsey@unitedconcrete.com Cell 203-464-7667

See our full line of products at: www.unitedconcrete.com

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2023

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

The Crucial Role of Ergonomics in Construction Construction sites, with their towering structures and bustling activity, are the lifeblood of urban development. Behind the scenes, however, lie physical challenges that can impact the health and safety of the workforce. In this dynamic environment, the importance of integrating ergonomics into construction practices becomes paramount. Ergonomics, the science of designing work environments to fit the capabilities and limitations of the human body, is a cornerstone in fostering safety, reducing injuries, and promoting overall well-being in the construction industry.

onstruction work is inherently physically demanding, involving heavy lifting, repetitive motions, and prolonged periods of manual labor. Integrating ergonomics into construction practices consists of recognizing and addressing these challenges. Ergonomically designed tools, for instance, with features like comfortable grips and adjustable components, contribute to minimizing the strain on the workers' bodies during these physically demanding tasks. One of the primary applications of ergonomics in construction is the design of tools and equipment. Ergonomically optimized tools reduce the risk of musculoskeletal disorders and enhance worker comfort and efficiency. Lightweight materials, vibration reduction, and adjustable features are crucial elements that contribute to a safer and more ergonomic tool design. Efficient workstation layout and organization are crucial for successfully integrating ergonomics in construction. A well-organized workspace minimizes unnecessary movements, reduces clutter, and optimizes the arrangement of tools and materials. This enhances safety and streamlines work processes, contributing to overall productivity. Recognizing the diversity of tasks in construction, ergonomics promotes the use of adjustable workstations and tools. This adaptability allows workers to customize their equipment to match the requirements DECEMBER, 2023

of specific tasks, reducing the risk of overexertion and fatigue. An emphasis on adaptability ensures that ergonomic solutions remain effective across various construction scenarios. An essential aspect of integrating ergonomics into construction is education and training. Workers need to know proper lifting techniques, the significance of taking breaks, and the overall benefits of ergonomic practices. Training programs create awareness, empower workers to prioritize their safety, and foster a culture of responsibility on construction sites. Beyond injury prevention, ergonomic interventions significantly increase worker comfort, morale, and job satisfaction. Construction professionals who feel supcontinued on page 72

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Safety Corner continued from page 71

advancing ergonomic practices will meet regulatory standards and ensure a brighter, healthier future for the workforce. n

ported in their physical well-being will likely be engaged and committed to their tasks. This positive impact creates a work environment that prioritizes safety and fosters a sense of camaraderie and mutual respect among the workforce. While the upfront costs of implementing ergonomic measures may raise concerns, the long-term benefits far outweigh the initial investment. Ergonomics in construction reduces healthcare expenses resulting from fewer injuries and increases overall productivity, contributing to long-term cost savings for construction companies. Implementing ergonomic changes in construction may encounter resistance from traditional practices and budget constraints. Addressing these challenges requires effective communication, education, and a strategic approach highlighting long-term benefits. By showcasing the positive impact on worker health, safety, and productivity, construction companies can garner support for integrating ergonomics into their practices. 1200 Worcester Road Integrating ergonomics into construction practices is pivotal for Framingham, MA building a safer, more efficient, and Tel: (508) 834-8691 sustainable industry. By prioritizing the design of ergonomic tools, Ask for: Lee Daum or Chris Uhl creating efficient workspaces, and promoting adaptability, construction companies can create environments that enhance worker safety and well-being. As the construction 3 Locations to– Serve You& TRUCK in Eastern SALES – SERVICE PARTS – CAR RENTAL MA industry evolves, embracing and

625 Pleasant Street Watertown, MA. MA. 617 - 924 - 3673

watertownford.com mcgovernfordofframingham.com

GENERAL CONTRACTOR Manufacturer and Installer of Bituminous Concrete Products 100 Wales Avenue-Rear Avon, MA 02322 Office: 508-583-2029 Plant: 508-587-6953

www.tledwards.net

226 Nicks Rock Road Plymouth, MA 02360 Scale House: 508-732-9148 Asphalt Plant: 508-732-9140

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DECEMBER, 2023

Your Company Must Have A Comprehensive Safety Program! This year’s Safety Manual includes information on: • Updated DOL Drug Testing information and Updated CDL information • Massachusetts Safety Standards - COVID-19 • OSHA’s Final Rule on Silica Exposure Limits • OSHA’s Final Rule on Improved Tracking of Workplace Injuries and Illnesses • OSHA’s Final Rule on Confined Space in Construction • OSHA’s New Requirements for Reporting Severe Injuries

Promote A Safe Working Environment It should be your company’s policy to provide a safe place to work, with the prevention of accidents being your ultimate goal. Your Insurance/Bonding carrier requires a Safety Program. State and Federal Agencies require a Safety Program.

OSHA Inspectors Will Be Enforcing: • Overall Construction Safety (29 CFR 1926) • Excavating Standards • Written Safety and Health Plans

• Hazard Communications Programs • Drug Free Workplace • OSHA 10-Hour Training Requirements

Examine The UCANE Pocket Directory When ordering Company Safety Manuals, the Safety Manual section only, in the back of UCANE’s Pocket Directory, will be made up into an individual Employee Pocket Safety Manual with Your Company Name & Logo printed on the cover. Employee signature cards verifying compliance with safety manual procedures are included. When signed, these cards should be placed in each employee’s file.

Employee Pocket Safety Manual Order Form

Company Name:_________________________________ Authorized By:______________________ Pocket Manuals w/ Signature Cards: Qty.__________________ x $4.75 Ea. = $________________ 65.00 Printing and Set Up Charge for Personalized Covers: $________________ Postage and Handling: Date:____________

❏ Company Logo Enclosed

❏ Company Logo to be mailed

TBD $________________ Total: $________________ ❏ My check is enclosed

Employee Pocket Safety Manuals are available to UCANE members only. PAYMENT MUST ACCOMPANY ORDER. DECEMBER, 2023 00 “BUY FROM ADVERTISERS CONSTRUCTION Utility Contractors’ Association of NewTHE England, Inc. • 300 IN Congress Street, SuiteOUTLOOK” 101 • Quincy, MA 02169

Est. 1926

PROTECTING YOUR ASSETS WHILE YOU BUILD YOUR FUTURE. Insurance & Bonding Professionals Lou Tonry | Commercial Insurance Kris Bibbo | Personal Insurance Kristin Erickson | Bonds

BRAINTREE 150 Grossman Drive Suite 200 Braintree, MA 02184

(617) 773-9200 Proud UCANE Member since 1954

LEXINGTON 238 Bedford Street Lexington, MA 02420

TONRY.COM

(781) 861-1800

DigSafe.com or Call 811 Before You Dig It’s smart. It’s free. It’s the law. Follow these steps for a safe excavation: • Pre-mark the location of intended excavation using white stakes, paint or flags. • In MA, ME, NH and RI, notify Dig Safe® at least 72 hours in advance, not including weekends and holidays.

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

• In Vermont, notify Dig Safe® at least 48 hours in advance.

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

• Notify non-member facility owners.

• Know your state’s excavation requirements.

• Maintain the marks placed by underground facility owners.

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

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

Call DGS UCANE COM.indd 1

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

1/12/23 1:35 PM

DECEMBER, 2023

Christopher Clark

World Insurance Associates, Inc.

Winterizing Your Utility Operations: A Guide for Risk Management and Business Continuity As the winter season approaches, utility contractors face unique challenges in maintaining their operations and ensuring the safety of their workers. Harsh weather conditions, such as snow, ice, and freezing temperatures, can disrupt operations, cause damage to equipment, and increase the risk of accidents. The consequences of not adequately preparing for these winter challenges are far-reaching, encompassing potential delays in project timelines, heightened safety risks for workers, and increased vulnerability to financial losses due to equipment damage and operational disruptions. This guide addresses strategies for navigating winter risks, and underscores the importance of preparation in safeguarding both personnel and the overall resilience of utility operations.

Key Considerations for Winterizing Utility Operations 1. Equipment Preparation: Thoroughly inspect and maintain all equipment, including vehicles, generators, and tools, to ensure they are in good working condition and can withstand cold temperatures. Implement preventative maintenance schedules to address potential issues before they arise. 2. Protective Measures: Equip workers with appropriate winter gear, including warm clothing, insulated boots, gloves, and hats, to protect them from the elements and reduce the risk of hypothermia and frostbite. 3. Site Preparation: Clear and de-ice work areas and walkways to prevent slips, trips, and falls. Ensure adequate lighting is available for safe operations during low-light conditions. 4. Emergency Planning: Develop and implement DECEMBER, 2023

emergency response plans to address potential winter weather disruptions, such as power outages, road closures, and extreme weather events. Establish clear communication protocols and ensure workers are trained in emergency procedures. continued on page 76

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Insurance Perspective continued from page 75 5. Inventory Management: Maintain adequate stock of essential supplies, such as salt, sand, and de-icing chemicals, to address winter weather conditions promptly. 6. Worker Safety Training: Provide comprehensive safety training to workers on winter weather hazards, including hypothermia, frostbite, cold stress, and slip-and-fall prevention.

Additional Tips for Winter Risk Management As winter approaches, it is crucial to implement additional winter risk management strategies to ensure the safety of personnel and the resilience of utility operations in adverse weather conditions. • Stay informed about weather forecasts and monitor conditions closely. • Implement work zone safety measures, including flaggers and warning signs, to protect workers and motorists. • Encourage workers to take breaks indoors to warm up and prevent fatigue. • Have a designated area for storing salt, sand, and de-icing chemicals to prevent spills and contamination.

• •

Regularly inspect and maintain protective equipment to ensure it is in good working condition. Conduct regular safety audits to identify and address potential hazards.

Insurance Considerations During winter, securing appropriate insurance coverage is crucial for mitigating financial risks to utility operations. Here's a breakdown of key considerations to incorporate into your overall risk management strategy: Policy Review: Begin by reviewing existing insurance policies to ensure they adequately cover winter-related risks. This includes property insurance, liability coverage, and equipment insurance. Property Insurance: Assess the coverage for physical assets, such as buildings, equipment, and infrastructure. Verify if winter-related damages, such as those caused by freezing temperatures or snow accumulation, are explicitly covered. Business Interruption Insurance: Consider including business interruption insurance to cover financial losses from operational disruptions caused by winter weather. This coverage can help maintain cash flow during downtime. continued on page 77

LARGE RESOURCES. LOCAL RELATIONSHIPS.

IS YOUR INSURANCE PROGRAM KEEPING PACE IN TODAY’S MARKET? Let us review your programs and recommend improvements to ensure you are fully protected should the unexpected happen. COMMERCIAL INSURANCE & BONDS • All forms of liability and property coverages • Bonds including Express Bond Program • Competitive terms • Personalized service • Highly experienced with Construction programs

RISK MANAGEMENT SOLUTIONS • Employee and executive benefits • Retirement planning services • Investment advisory services • Private wealth management • Personal and high-net-worth portfolios

CHRISTOPHER CLARK, PRINCIPAL, CLIENT ADVISOR World Insurance Associates LLC, 50 Prospect Street, Waltham, MA 02453 O 781-642-9000 | D 781-398-9318 | M 508-400-4010 | christopherclark@worldinsurance.com

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

worldinsurance.com

DECEMBER, 2023

Insurance Perspective continued from page 76 Liability Coverage: Evaluate liability coverage in the context of winter-specific risks. This may include slip-and-fall incidents on icy surfaces or damage to third-party property due to snow removal operations. Equipment Breakdown Coverage: Check if equipment breakdown coverage is sufficient to address potential issues arising from cold weather, such as freezing or malfunctioning equipment. This can be critical for maintaining operational efficiency during winter. Specialized Endorsements: Explore specialized endorsements or riders that specifically address winter-related risks. These endorsements may provide additional coverage for damage caused by ice dams, burst pipes, or other winter-related perils. Communication with Insurers: Engage in proactive communication with insurance providers. Inform them about specific winterization measures implemented and inquire about any recommendations or adjustments to policies that might enhance coverage during the winter season. Deductibles and Coverage Limits: Review deductibles and coverage limits to ensure they align with the potential financial impact of winter-related damages. Adjustments may be necessary to accom-

DECEMBER, 2023

modate the increased risks associated with winter weather. Claims Preparation: Familiarize key personnel with the claims process. Ensure that documentation, including evidence of winterization efforts, is readily available in the event of a claim. Prompt and accurate claims reporting is essential for smooth resolution.

By diligently implementing winterization strategies, embracing a proactive stance toward risk management, and comprehensively addressing insurance considerations, utility contractors can effectively fortify their operations against the challenges of harsh winter conditions. These combined efforts not only minimize the potential impact on infrastructure and equipment, but also prioritize the safety of workers and ensure seamless business continuity throughout the demanding winter season. n

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

Bioretention Soil? Who makes that? Stabilized stonedust? Who makes that?

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

CU-Structural soil? Who makes that?

Green roof soil? Who makes that? Reinforced soil? Who makes that?

Patrick Di Cerbo

CFP®, MSFS Wealth Management Advisor 518-690-7961 pat.dicerbo@nm.com www.patdicerbo.com

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2023

“Being able to attend meetings with my industry peers has been very worthwhile and informative. Whether it is sharing a problem or a new idea, it is great to hear opinions from others that you respect in this business.” ~ RYAN MCCoURt, MCCoURt CoNStRUCtIoN CoMpANY

“While I am busy all day trying to run my business, it is a comfort to know that UCANE is working every day on my behalf to stem the never ending flow of new laws and regulations on both the State and Federal levels.”

~ vIN BARLEttA, BARLEttA HEAvY DIvISIoN

“Our company has been an active UCANE member for more than 40 years. UCANE is the premier association representing excavating contractors. No group works harder for infrastructure funding – and gets results than UCANE.” ~ JoE gIoIoSo, p. gIoIoSo & SoNS, INC.

“UCANE provides multiple opportunities throughout the year where I am able to network with company decision makers and establish invaluable contacts. Our company is dependent on a heathy construction industry and we are glad to support UCANE and their efforts to increase investment in our public infrastructure.”

~ pAULA BENARD, C. N. WooD Co., INC.

“I have always been impressed with the balance between large and small companies at UCANE. Every contractor, no matter what size, union or open shop, gets heard at Board meetings and has an equal vote in decision making.” ~ BRIAN CooNEY, C. C. CoNStRUCtIoN INC.

“My family has been UCANE Members since it began. No construction association has more respect on Beacon Hill or with public agencies that impact my business than UCANE. There is no doubt that our company has seen a return on our investment many times over.”

~ QUERINo pACELLA, RJv CoNStRUCtIoN CoRp.

“As a longtime member from Western MA, I can say that UCANE does a tremendous job keeping all members informed and being a strong advocate for our industry throughout the state and region.” ~ JERRY gAgLIARDUCCI, gAgLIARDUCCI CoNStRUCtIoN, INC.

“The information that UCANE provides to us about our industry is timely and invaluable. I find UCANE members to be committed and passionate about keeping the construction industry strong and well-respected and our company is proud to be a part of that.” ~ LISA FRENCH KELLEY, W. L. FRENCH ExCAvAtINg CoRp.

11 Index Advertisers’ 21st Century Concrete, Inc.................................................................... 80 AAA Work Trucks.................................................................................. 33 Allegiance Trucks.................................................................................... 42 ATS Equipment, Inc. .............................................................................. 20 B2W Software, Inc................................................................................... 37 Badger Daylighting................................................................................. 14 Benevento Companies............................................................................ 62 Boro Sand & Stone Corp........................................................................ 19 Brennan Consulting................................................................................ 35 Dennis K. Burke, Inc............................................................................... 29 Concrete Systems, Inc....................................................Inside Back Cvr. Core & Main............................................................................................... 4 Cumberland Quarry Corp..................................................................... 78 Dagle Electrical Construction Corp.................................................... 28 Darmody, Merlino & Co., LLP.............................................................. 62 Dedham Recycled Gravel....................................................................... 62 DeSanctis Insurance Agency, Inc. ....................................................... 27 Dig Safe System, Inc................................................................................ 74 The Driscoll Agency................................................................................ 11 Jack Doheny Company........................................................................... 44 Eastpoint Lasers, LLC............................................................................. 44 T. L. Edwards, Inc.................................................................................... 72 Ferguson Waterworks............................................................................. 13 Genalco, Inc.............................................................................................. 39 L. Guerini Group, Inc............................................................................. 11 Henniker Directional Drilling, LLC.................................................... 15 Hinckley Allen LLP.........................................................................8 & 38 John Hoadley & Sons, Inc...................................................................... 43 JESCO........................................................................................................ 17 Jolin Paving & Excavating Inc............................................................... 40 Klayman Public Insurance Adjusters.................................................. 19 P. A. Landers, Inc..................................................................................... 12 Lawrence-Lynch Corp............................................................................ 31 Lorusso Corp.............................................................................................. 9 Lorusso Heavy Equipment, LLC........................................................... 16 Mass Broken Stone Company................................................................ 40 McGovern Ford of Framingham.......................................................... 72 Mersino Dewatering............................................................................... 10 Milton CAT..............................................................................Back Cover Milton Rents............................................................................................. 34 Monroe Tractor........................................................................................ 42 Norfolk Power Equipment, Inc............................................................. 74 North American Crane & Rigging LLC.............................................. 18 North East Shoring Equipment, LLC..................................................... 2 Northwestern Mutual............................................................................. 78 Ocean State Oil........................................................................................ 70 Pawtucket Hot Mix Asphalt.................................................................. 23 Podgurski Corp........................................................................................ 44 E. J. Prescott, Inc................................................................ Ins. Front Cvr. Putnam Pipe............................................................................................. 15 Rain For Rent-New England.................................................................. 24 Read Custom Soils................................................................................... 78 Ritchie Bros. Auctioneers....................................................................... 26 Scituate Concrete Products Corp......................................................... 32 Scrap-It, Inc.............................................................................................. 46 Shea Concrete Products, Inc. ................................................................ 36 SITECH New England............................................................................ 22 Starkweather & Shepley Ins. Brokerage, Inc....................................... 30 Tonry Insurance Group, Inc.................................................................. 74 Triumph Modular................................................................................... 77 United Concrete Products..................................................................... 70 United Construction & Forestry, LLC................................................... 1 Webster Printing & Packaging.............................................................. 42 Westlake Pipe & Fittings........................................................................ 21 C. N. Wood Co., Inc. ................................................................................ 6 World Insurance Associates LLC......................................................... 76

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2023

Concrete Systems, Inc.: Manholes & Catch Basins, Box Culverts, Utility Structures, Special Box Structures, Containment Vaults, Fire Cisterns, CSI Arc-Span™ Bridges, Rigid Bridge ™ Systems, Bridge Deck Slabs, Permanent & Temporary Median Barrier, Uwall™ Retaining Wall Systems, Stablewall™ Retaining Wall, Headwalls & Wingwalls. Clampcrete Construction Systems: TL-4 Anchored Barrier for Roadway Structures. Tunnel Systems: Precision Segmental Tunnel Lining Rings. Cleco Manufacturing: Precision Fabricated Forms & Forming Systems, Complete Plant Design, Batch Plant Computer Automation, Countercurrent Mixers & Concrete Delivery Systems.

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30 Industrial Drive (603) 665-4500 miltoncat.com

*Offer subject to machine availability and credit approval by Cat Financial. Not all customers will qualify. Payments do not include taxes, freight, set-up, delivery, document fees, inspections, additional options, or attachments. Offer may change without prior notice and cannot be combined with any other offers. Additional terms and conditions may apply. Contact your Cat dealer for details. ©2022 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, LET’S DO THE WORK, their respective logos, “Caterpillar Corporate Yellow,” the “Power Edge” and Cat “Modern Hex” trade dress, as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.