Construction Outlook February 2024

FEB | 2024

Lowell Based Family Business Proves the Old Adage, “One Person’s Junk is Another Person’s Treasure!”

Scrap It President Tanya Minichiello with Sales Manager Fred Rogers

• •

Healey-Driscoll Administration Files FY25 Budget Proposal Senate President K aren Spilka Addresses UCANE Membership

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14 Locations to Serve You: MASSACHUSETTS

N. Oxford (800) 922-8295 Billerica (800) 531-2266 Plymouth (800) 916-0997 Springfield (800) 734-5594 Swansea (800) 456-6885

MAINE

Hermon (866) 416-3764 Houlton (866) 416-3765 Ft. Kent (207) 834-6701 Westbrook (866) 416-3763

NEW HAMPSHIRE

Pembroke (800) 852-3338 NEW YORK

Clifton Park (800) 333-0620 Gouverneur (315) 287-0703

VERMONT

Springfield (800) 639-3071 Williston (800) 422-4955

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Prominent Construction Litigator Jeff D. Bernarducci Joins Hinckley Allen With over two decades of experience across diverse industry sectors, Jeff brings his insights and experience with complex transactions, as well as an extraordinary ability to resolve disputes to Hinckley Allen’s nationally ranked Construction & Public Contracts Group.

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FEBRUARY, 2024 OFFICERS President BRIAN COONEY C. C. Construction Inc.

President Elect CHRIS VALENTI GVC Construction, Inc.

Treasurer QUERINO PACELLA RJV Construction Corp.

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

BOARD OF DIRECTORS VINCENT BARLETTA 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.

JERRY GAGLIARDUCCI Gagliarducci Construction, Inc.

JOE GIOIOSO P. Gioioso & Sons, Inc.

JUSTIN GOODHEART J. F. White Contracting Co.

DAVID HAMILTON E. J. Prescott, Inc.

LISA FRENCH KELLEY W. L. French Excavating Corp.

WILLIAM LEONARD Aqua Line Utility, Inc.

RYAN McCOURT McCourt Construction Company

CHIP McDONALD ATS Equipment, Inc.

IN THIS ISSUE

5 President’s Message:

2024 Begins with New UCANE Leadership

7 Legislative Update: • • • • •

Healey-Driscoll Administration Files Fiscal Year 2025 Budget Proposal As Joint Rule 10 Day Approaches; Committees Begin to Decide Bills’ Fates Clean Water Trust Awards Grants to Various Municipalities Municipal Empowerment Act Filed; Reflects Municipal Wish List for Legislature News in Brief

21 Legal Corner:

Project Manager of Construction Company Pleads Guilty In Connection with Inflation of Project Costs

23 UCANE’s 13th Annual Trade Show 21 Public Works Pipeline:

An Interview with Andrew Patnode, Director of Public Works, Town of Nantucket, MA

32 UCANE’s February Dinner Meeting 37 UCANE Welcomes New Members 38 Associate Member of the Month: Scrap It, Inc./Minichiello Brothers, Inc.

45 Safety & Health Corner: A New Trend in DOT Exams

49 UCANE’s 2024 Scholarship Applications Now Available 50 UCANE’s Past Presidents 53 Insurance Perspective:

Building Resilience: Overcoming Challenges in the Hard Insurance Market

57 Navigating, Understanding Hidden Dangers of Permit-Required Confined Space Entry 63 7 Tips for Roadway Work Zone Safety Awareness 69 Spotlight on Cape Cod:

State of the Waters: Cape Cod 2023 Report

MIKE OTTAVIANO Jolin Paving & Excavating, Inc.

ROBBIE OUR Robert B. Our Co., Inc.

RICHARD PACELLA R. M. Pacella, Inc.

BRIAN RAWSTON Jay Cashman, Inc.

JOSEPH F. NOLAN Executive Director

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: Brian Cooney Editorial Board: Brian Cooney, Chris Valenti, Querino Pacella, & Dan Horgan 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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2024 Begins with New UCANE Leadership I first want to thank everyone who attended our January Dinner Meeting and Installation of Officers and Directors where I was installed as UCANE President. Thank you all once again for your vote of confidence. It is a responsibility I take seriously, and I will continue to work to support the goals and policies that has brought UCANE to where it is today.

T

he January meeting was very well attended by our membership and guests who had the opportunity to meet Senate President Karen Spilka during our social hour, and then listened to her keynote speech discussing her personal history with water infrastructure projects. Senate President Spilka first congratulated UCANE on leading the discussion for generations with our strong policies supporting water infrastructure investments, and the good jobs they provide our members. President Spilka will be a good ally for UCANE as we enter the second half of this legislative cycle.

Now that we are now halfway through February, I am looking forward to Spring being just around the corner with good weather and new projects coming our way.

Now is the time to get our crews ready for the upcoming construction season. UCANE has once again partnered with Atlas Training to host our Asbestos Training Seminars at the Irish Cultural Center in Canton. Our next Training is scheduled for March 1 and will also be held at the Irish Cultural Center. In Massachusetts, this training is required every five years, so please reach out to the UCANE office to schedule your employees for this important training.

Our next scheduled event is our 13th Annual Forecast Meeting and Trade Show on Monday, March 11th. The guest speakers at our Forecast Meeting will be MassDEP Commissioner Bonnie Heiple, MWRA Executive Director Fred Laskey, and Boston Water & Sewer Commissioner Chief Engineer John Sullivan who will each present their capital programs for 2024 and beyond.

Please register early as this is always a popular event.

The Forecast Dinner will be immediately preceded by our Annual Trade Show. This is an excellent opportunity for our members to socialize with one another, and FEBRUARY, 2024

for our contractors to meet with our Associate Members and get a better understanding of the services they can provide to make both more successful in performing their projects. The combination of the Forecast Meeting and Trade Show is always a very popular and informative event, and we strongly encourage your attendance of both parts of this program.

Our team at UCANE continues to work tirelessly to forward our agenda of reduced regulation and a fair and level marketplace for our members to provide their services. By lobbying for UCANE sponsored bills calling for designated revenue sources for water projects across the Commonwealth, and for the separation of police details from the bidding process, we remain in your corner.

In addition, we continue to work with the agencies that issue our projects to ensure transparency and open access to these projects by promoting fair work rules and regulations, consistent specifications, and billing requirements to make sure our members can provide the best services possible.

Your Participation in UCANE events and committee meetings is the strength of our organization. We will be making a renewed effort in 2024 to engage all our members by holding more committee meetings both virtually, and in person, at our UCANE offices at 300 Congress Street in Quincy. This year we will be creating a new “Next Generation” group to engage the future leaders in your companies and at UCANE. If you are interested in serving on this, or any of our committees, please contact our Executive Director Joseph Nolan at the UCANE office to sign up.

2024 promises to be another successful year for UCANE and its members and we look forward to supporting each of our members as we grow together. n

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Mark Molloy, Esq.

Healey-Driscoll Administration Files Fiscal Year 2025 Budget Proposal

J

anuary saw the Healey-Driscoll Administration file its Fiscal Year 2025 (FY25) budget recommendation outlining their priorities for the upcoming fiscal year.

The $58.13 billion spending plan includes investments in childcare, education, and transportation; and $1.3 billion in spending supported by income surtax revenues. The Governor’s budget increases funding over the fiscal year 2024 (FY24) budget by $2.1 billion (3.7 percent); a rate of growth that reflects the modest revenue expectations for the upcoming fiscal year. As reported by the Massachusetts Taxpayers Foundation (MTF), the Governor’s budget came three weeks after the Administration announced a $1 billion tax revenue shortfall for FY24, which they proposed to solve by using a combination of unanticipated non-tax revenues ($625 million) and mid-year spending cuts ($375 million net).

Of particular note to UCANE members, Governor Healey proposes to fund the contract assistance line-item for the Clean Water Trust at $63.3 million, which reflects level funding. While the Governor again proposes to eliminate the Commonwealth sewer rate relief program, she does recommend continuing the $8.49 million of funding for the underground storage tank program. In funding the Massachusetts Department of Environmental Protection (MassDEP), the Governor has recommended $54.5 million, an increase of almost $2.5 million over the previous year’s funding. Overall, the Governor’s appropriations to the Executive Office of Energy and Environmental Affairs ($105 million) and its attendant agencies, again represents 1% of the Commonwealth’s overall budget – something the Governor and Lt. Governor Kim Driscoll campaigned on and included in last year’s budget proposal as well.

With respect to the “Fair Share” funding, authorized under the recently enacted 4% surcharge on income over $1 million, the Administration has proposed utilizing these funds to increase funding for roads and bridges, includ-

FEBRUARY, 2024

ing dedicated road aid for rural communities, implement a low-income fares program at the MBTA, and make a new investment of $250 million in transportation that will leverage $1.1 billion in borrowing over the next five years to tackle long overdue deferred maintenance. The remainder of the “Fair Share” funding will be used for education as it was last year.

Speaking of education, the Administration’s FY25 budget proposal fully funds the fourth-year implementation of the Student Opportunities Act (SOA), dedicating $6.86 billion to Chapter 70 education aid. This is a $271 million, or 4 percent increase, over FY24. House 2, as the Governor’s budget is known, would guarantee a minimum aid increase of $30 per pupil. House 2 also proposes to fund Unrestricted General Government Aid at $1.3 billion, a $38 million, or 3 percent, increase over FY24, and fully funds the special education circuit breaker at $492.2 million. When combined with $75 million of supplemental funding from the Fiscal Year 2023 close-out budget that will be available across FY24 and FY25, $567 million in total special education circuit breaker funding would be available to meet all projected district claims and this reflects the full phase-in of out-of-district transportation cost reimbursement provided for in the SOA. The respective House and Senate Ways and Means Committees will now hold joint public hearings to gather additional information about agency budget needs and requests. The House will then take up its budget proposal in April; the Senate will consider its budget in May. A Conference Committee of House and Senate members will meet in June to, ideally, deliver a budget to the Governor for her approval before July 1.

To review the Governor’s budget and accompany budget briefs, please visit: https://budget.digital.mass. gov/govbudget/fy25/. continued on page 9

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Legislative Update continued from page 7

As Joint Rule 10 Day Approaches; Committees Begin to Decide Bills’ Fates

W

ith the start of the month of February, the Massachusetts legislature reaches its first mandatory deadline for reporting on legislation before it: Joint Rule 10 Day. Under the Joint Rules adopted by the House and Senate, all joint committees of first referral for legislation must take action on legislation before them by the first Wednesday of the second month in the second year of the twoyear session. (February 7). The rule, which was moved forward from its historical day in March at the start of the 2017-2018 legislative session, significantly whittles down the number of legislative initiatives the body can consider before the end of formal sessions on July 31. For non-controversial matters, the deadline for passing legislative matters is technically December 31, 2024.

Already a matter which UCANE supports

was advanced before the legislative deadline. An Act Relative to the Timely and Consistent Payment of Law Enforcement Personnel (SB1705), which received a favorable report from the Joint Committee on Public Service, currently sits before the Senate Committee on Ways and Means. UCANE’s water infrastructure funding initiative, SB453/HB803, which received a favorable report from the Joint Committee on the Environment, Natural Resources and Agriculture last session, awaits a determination in this session.

While UCANE was pleased that certain legislation was able to move favorably from committee, the Association remains vigilant about other important legislation that could impact the construction industry. The Joint Committee on Labor and Workforce Development is expected to move wage theft legislation as well as legislation governing offsite prefabrication and prevailing wage. Additionally, Water Works Specialist John Hoadley and Sons Inc. legislation changing the comWater Works Specialist Tel:781-878-8098 Fax:781-878-5298 Water Workslaw Specialist definition of fraud and mon Tel:781-878-8098 Fax:781-878-5298 Tel: 781-878-8098 Fax: 781-878-5298 the public records status of “Our Products Are the Most Trusted Names in the Industry” financial information support“Our Products Are the Most Trusted Names in the Industry” “Our Products Are the Most Trusted Names in the Industry” � U.S. Pipe Chambers ing ● Cultec prequalification applica� U.S. Pipe ● Cultec Chambers � Mueller Fire Hydrants ● National Pipe & Plastics • U.S. Pipe • Cultec Chambers tions already received favorMueller Tapping Sleeves & Valves ● ADS Pipe & Chambers � Mueller Fire & Plastics • Hydrants Mueller Fire Hydrants ● National •Pipe National Pipe�� &Smith Plastics Blair Clamps & Couplingsable ● General Foundry Castings reports from a variety of � Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers • Mueller Tapping Sleeves & • &ADS Pipe & Chambers Mechanical Services committees.

As the legislative � Tapping Sleeves & Gates Installed / Cut • Clamps Smith & Blair Clamps & Couplings • General Foundry Castings � Smith Blair Couplings ● General Foundry Castings � Line Stop / EZ Valves session continues to pick up Mechanical Services � Cutting of Chilled Water Lines & Steam Lines Mechanical Services expect � Pressure Testingpace, & Disinfection of New Mainsmore information � Tapping Sleeves & Gates Installed / Cut � Installation & Testing of Backflow Preventers 24 Hours matters.

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“Water-Sewer-Drain Supplies at a Competitive Price” • Pressure Testing &&Disinfection � Pressure Testing DisinfectionofofNew NewMains Mains Again, formal legislative www.hoadleyandsons.com • Installation && Testing ofof Backflow � Installation Testing BackflowPreventers Preventers 24 24Hours Hours672 Union Street Rockland, MA 02370 sessions end on July 31, 2024 • Large Diameter Hydraulic Pipe Cutting Sales& Service Sales & Service � Large Diameter Hydraulic Pipe Cutting with informal sessions continu• Hydrant Installation & Repair Serving ofof Servingallall � Hydrant Installation & Repair ing through the end of the year.

New • Electronic Leak Detection NewEngland England � Electronic Leak Detection To review UCANE’s filed mat“Water-Sewer-Drain Supplies at Supplies a Competitive Price” Price” “Water-Sewer-Drain at a Competitive ters, please visit: https://malegislature.gov/Bills and enter the www.hoadleyandsons.com www.hoadleyandsons.com bill number of interest.

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Legislative Update continued from page 9

T

Clean Water Trust Awards Grants to Various Municipalities

reasurer Deborah B. Goldberg, Chair of the Massachusetts Clean Water Trust (CWT) Board of Trustees, announced in mid-January, that $51 million in grants were awarded for 14 projects in 12 communities across Massachusetts. The grant funds will help cities, towns, counties, and water utilities pay for the $237 million in total project cost for improvements to drinking water and wastewater infrastructure.

The funding for these grants is available from two sources. The first is the Infrastructure Investment and Jobs Act (IIJA), which provided additional federal funding to the CWT with a requirement that part of the funding be provided as grants. The second source is the American Rescue Plan Act (ARPA) funding that was provided by the Massachusetts State Legislature to be directed to water projects throughout the Commonwealth. The communities receiving these funds are: Chatham, Fairhaven, Nahant, Falmouth, New Bedford, Oak Bluffs, Abington, Andover, Barnstable, Boston, Rockland, and Somerset.

The grants will be provided as loan forgiveness and are part of a larger low or no-interest loan. The grants were awarded by project category and provide much needed financial assistance towards high-priority projects. Additionally, communities that qualify as “Disadvantaged Communities”, determined by an affordability metric that ranks each community in the Commonwealth, will receive additional loan forgiveness funds to ensure that funding is given to the communities that need it most. By utilizing loan forgiveness, this can minimize the fiscal impact of vital water infrastructure projects.

For more information on the Clean Water Trust’s different loan programs, please visit the Programs page at https://www.mass.gov/programs. For information on how to apply for a SRF loan, please visit: https://www.mass.gov/lists/state-revolving-fund-applications-forms. continued on page 13

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Legislative Update continued from page 11

Municipal Empowerment Act Filed; Reflects Municipal Wish List for Legislature In conjunction with the Massachusetts Municipal Association’s (MMA’s) annual conference, Governor Maura Healey filed legislation, known as the “Municipal Empowerment Act”, to expand the tools available to municipal leaders to generate revenue by allowing them to increase local option taxes on meals and lodging. The bill would also create a new local motor vehicle excise surcharge option. As well, the legislation makes permanent a number of popular COVIDera allowances for hybrid public meetings, outdoor dining permits and to-go cocktail sales.

More specifically, included within the legislation are “opt-in” tax initiatives for municipalities including: • Increasing the maximum local option lodging tax on hotel, motel and other rentals from 6 percent to 7 percent of the price of a room (6.5 percent to 7.5 percent for Boston).

• Increasing the maximum local option meals tax from .75 percent to 1 percent of the sales price of a meal at a restaurant or local store.

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Adding a new 5 percent local option Motor Vehicle Excise surcharge, a fee charged by every city and town on vehicles registered in their communities based on the vehicle’s value.

Further, the legislation would provide a raft of tools that municipalities have sought through various means previously. To that end, other highlights of the legislation include, but are not limited to: • Creating new property tax exemptions for seniors to allow cities and towns to adopt a Senior Means Tested Property Tax Exemption for qualifying seniors and to increase existing senior property tax exemptions.

• Addressing long-term benefit funding pressures by establishing a new OPEB Commission to take a fresh look at opportunities to address unfunded liabilities from non-pension employee benefits.

• Allowing the creation of Regional Boards of Assessors to allow municipalities to create streamline continued on page 15

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Legislative Update continued from page 13 duties and reduce significant staffing challenges.

• Creating additional flexibilities in post-retirement employment by expanding the process for seeking exemptions to post-retirement employment rules.

• Procurement law reform to include clarifying that groups of cities and towns can award multiple contracts through an RFP process under Chapter 30B and purchase both supplies and services from collectively bid contracts; equalizing Chapter 30B thresholds for advertised procurements to $100,000 for all municipal purchasing – not just schools; and eliminating the requirement to publish notice of invitations for competitive bids on COMMBUYS. Finally, the flexibility for municipalities that began during the COVID-19 public health emergency to permit outdoor dining and takeaway liquor sales, as well as hosting hybrid public meetings to encourage remote participation, would also be made permanent by this legislation.

To review a copy of the Municipal Empowerment Act, Senate Bill 2571, please visit: https://malegislature.gov/Bills/193/S2571. Policy briefs on many of the issues within this legislation can be found at: https:// www.mass.gov/municipal-empowerment-act. continued on page 17

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Legislative Update continued from page 15

News in Brief •

Executive Order 626: Transportation Funding Task Force. At the time of her budget filing, Governor Healey also filed Executive Order 626 to create a new Transportation Funding Task Force. The Task Force, which will be composed of public and private-sector leaders, representing communities of all sizes across Massachusetts, will spend the next 12 months examining the state’s transportation system and developing recommendations for a longterm, sustainable transportation finance plan.

Among the areas to be considered by the Task Force are: (i) available financing opportunities for funding the transportation system of the future; (ii) the clean energy transformation of the transportation system and its implications; (iii) how pricing mechanisms may be used to advance transportation and resiliency goals and generate sustainable funding; (iv) strategies for encouraging mass transit, bicycle use, pedestrian-friendly development, and transit-oriented housing and economic development, and discouraging carbon-intensive transportation

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uses that can support safely and reliably support road, rail and transit systems throughout our state. To review the Executive Order 626, please visit: https://www.mass.gov/executiveorders/no-626-creating-the-governors-transportation-funding-task-force.

Executive Order 627: State to Use SkillsBased Employment Practices. At a recent address before the Associated Industries of Massachusetts (AIM), Governor Healey announced the issuance of an executive order to employ skills-based hiring practices for state jobs. Under Executive Order 627, all executive department offices and agencies are directed to utilize skills-based employment practices in their efforts to attract, recruit, hire, retain, and develop the careers of talented employees.

In making hiring decisions, hiring managers must consider the full set of competencies that candidates bring to the job beyond traditional education. Hiring managers are directed to continued on page 19

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Legislative Update continued from page 17

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align job requirements and position prerequisites with the skills needed to accomplish a position's job duties. Job classifications issued or updated after the date of Executive Order 627 shall not specify a minimum level of education as an entrance requirement unless the Human Resources Division determines that a particular level of education is necessary to perform the job after completing a job analysis.

Job postings issued or updated after the date of the Executive Order may include preferred education requirements in excess of minimum entrance requirements only with approval of the agency's cabinet secretary and the Human Resources Division. To review Executive Order 627, please visit: https://www.mass.gov/executive-orders/no-627-instituting-skills-basedhiring-practices.

Fernandes v. Muratore for Moran Seat. With the recent news that Senator Susan Moran (D-Falmouth) will not run for re-election to the Massachusetts legislature, two contenders for the seat have emerged. Democratic State Representative Dylan Fernandes (D-Falmouth) announced his intention to run for the seat which Senator Moran wrested from Republican control after the departure of former Senator Vin deMacedo. On the Republican side, Republican State Representative Matt Muratore (RPlymouth) announced his intention to also give up his safe Representative seat in an attempt to bring it back into the Republican fold. Senator Moran will be running for Barnstable County Superior Court Clerk in November.

Road and Bridge Funding Bill Filed. The month of January proved to be a busy month for Governor Healey and her legislative team.

In addition to the FY25 budget proposal, the Municipal Empowerment Act, various executive orders and a supplemental budget to address the migrant housing crisis, Governor Healey also filed a two-year, $400 million Chapter 90 bill (HB4283) for local road and bridge repair, proposing a multi-year authorization to help build in predictability for municipalities looking to plan longer-term projects. The legislation calls for providing municipalities with road and bridge funding totaling $200 million each year.

The legislation would also require MassDOT to analyze the existing system for distributing Chapter 90 funds and recommend potential changes to improve efficiency. The Joint Com-

FEBRUARY, 2024

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mittee on Transportation held a public hearing on the matter on January 30th. To review the proposed funding bill, please visit: https:// malegislature.gov/Bills/193/H4283.

EEA Milestone Report Released. The Executive Office of Energy and the Environment (EEA) released a first year report highlighting key milestones and accomplishments by the agency in Governor Healey’s first year. The report describes the EEA officials’ visits across the state and actions to identify and address climate-related goals, including but not limited to decarbonization, climate resilience, natural resource stewardship, and environmental and energy justice. The report also summarizes the impact of EEA’s grants. In 2023, EEA awarded $216 million to 1,813 individual grantees through initiatives like the Municipal Vulnerability Preparedness Program (MVP), the Affordable Housing Deep Energy Retrofit Grant Program, and the Natural Disaster Recovery Program for Agriculture. The report is available at: https://www.mass.gov/info-details/executive-office-of-energy-and-environmentalaffairs-inaugural-report-2023. n

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Project Manager of Construction Company Pleads Guilty In Connection with Inflation of Project Costs The United States Department of Justice (“DOJ”) recently announced that a former project manager of a government contractor has pleaded guilty in connection with an alleged conspiracy to inflate project costs on federal government contracts. According to the DOJ, the project manager faces up to 10 years in prison and a fine of $250,000.

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he case relates to an alleged kickback scheme in connection with construction contracts administered by the United States Army. According to the DOJ’s press release, the project manager in question had allegedly conspired to receive kickbacks from the owner of a commercial flooring services subcontractor. Apparently, under this scheme, the flooring services subcontractor would inflate the costs of the flooring construction subcontracts and the project manager would receive “half of the proceeds as kickback payments.” The DOJ reported that the project manager received more than $100,000 in kickbacks over a 5-year period. The owner of the flooring subcontractor had previously pleaded guilty in connection with his role in the alleged conspiracy.

According to the Deputy Assistant Attorney General, “[t]aking advantage of U.S. taxpayers by defrauding U.S. Army facilities is a crime and will not be tolerated.” The Special Agent in Charge remarked that the “plea marks a significant milestone in the ongoing efforts to combat corruption and uphold integrity within government contracting processes.” The DOJ also included a reminder in its press release that in November of 2019, it had created the “Procurement Collusion Strike Force” which the DOJ described as “a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program

FEBRUARY, 2024

funding at all levels of government – federal, state, and local.”

This press release underscores the ongoing need for contractors to instill a culture of compliance at all levels. Contractors are well-advised to establish and administer policies and procedures designed to protect against situations in which employees can become entangled in unlawful conduct. Regular employee training is also critical. Where an employee deviates from applicable requirements, discipline may be warranted. Although this press release was limited to the plea of the individual involved, contractors should want to avoid situations in which their project managers or other employees make the news for the wrong reasons. Certainly, contractors should expect that if an individual is suspected of unlawful activity, the applicable enforcement agencies will consider whether the company can also be charged. n

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UCANE’s 13th Annual Trade Show Will be held on Monday, March 11, 2024 prior to our Forecast Dinner Meeting

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

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

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

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

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Feb 2024 -Municipal Interview – Nantucket DPW DPW Director Andrew Patnode Photos to accompany the Interview

Feb 2024 -Municipal Interview – Nantucket DPW DPW Director Andrew Patnode Photos to accompany the Interview

An Interview with Andrew Patnode Director of Public Works Town of Nantucket, MA Will you please provide us with some insight into your education, past experience, and history, that led you into your current position?

I graduated from Coventry High School in Rhode Island, then continued my education at the University of Rhode Island where I earned a bachelor’s degree in Civil Engineering. After graduating from URI, I started my professional career at Weston & Sampson Engineers working in the wastewater group. I worked on I/I, design, and planning projects for many Massachusetts communities before taking on the $20M Nantucket Harbor Sewer Extension Project for the Town of Nantucket in 2017. I Seal and then was fortunate to be part of the designTown team, Resident Engineer on this important project, which was constructed from 2017-2019.

Over the next four years I was Weston & Sampson’s principal representative to Nantucket, working exclusively on multiple infrastructure projects for the Town from planning, through design, approvals, and bidding, and including construction oversight.

In early 2023 the DPW Director position became available. With 10 years of experience with Weston & Sampson, of which six years were dedicated to Nantucket’s infrastructure, I decided to apply for the position.

I was hired by Nantucket and assumed the DPW Director’s role on July 31, 2023. Having worked closely for so many years with the Town of Nantucket, its various departments, its consultants, and local contractors, etc. has made for a smooth transition for both myself and for the community Please provide us with a brief description of Nantucket regarding population, area, responsibilities of the DPW, and some statistics on current infrastructure that is maintained within the Town. What do you see as the most pressing needs as regards to infrastructure over the next five years?

FEBRUARY, 2024

Town Seal

DPW Director

DPW Director Andrew Patnode

With a land area of 48 square miles, Nantucket is about half the size of Martha’s Vineyard, but the island isn’t made up of five towns. We have a year-round population of almost 20,000 people, which swells to over 80,000 people during the summer months. Recent water usage data has led Town staff to conclude that the population exceeds 100,000 during some of the most popular weeks of the summer.

The DPW structure includes the divisions of Operations (similar to a highway division), Facilities (all Town-owned public buildings and housing units, streetlights, and other fixed assets), Parks & Recreation, Central Fleet, and Solid Waste. The Town of Nantucket owns and manages a Solid Waste Facility and an active landfill adjacent to our DPW Facility, which is very unique for communities in Massachusetts.

The DPW Operations group manages approximately 110 miles of paved and unpaved public roads, while the Facilities group maintains about 45 individual public buildings and 13 Town-owned employee housing units. Our Central Fleet garage is responsible for procurement, maintenance, and repair of nearly all municipal vehicles. The DPW also assists other Town Departments when called upon, including Nantucket Water Company, the Nantuckcontinued on page 27

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Public Works Pipeline continued from page 25 et Sewer Department, Police and Harbormaster, Fire, and Natural Resources.

The Water Department operates and maintains about 102 miles of water mains, which includes almost 7,000 individual services (about 55% of island properties), 726 hydrants (and counting), and three water storage tanks. Public water is drawn from the glacial aquifer via five deep wells located in the middle of the island and in Siasconet.

The Sewer Department is responsible for the operation and maintenance of approximately 80 miles of gravity and low-pressure sewer mains that serve about 40% of the island’s properties. They also take care of 15 pump stations, and two wastewater treatment plants.

The Surfside WWTF collects and treats wastewater from the mid-island area, while the Siasconset WWTF treats wastewater from the surrounding village of Sconset.

which requires increased staffing, and a focus on efficiency. Seasonal employment is a great tool to help us keep up with the demand in the summer.

However, a lack of affordable housing, especially during the summer months, makes attracting and retaining both seasonal and year-round staff one of our greatest challenges.

Traffic congestion on the island also makes our staff less efficient, so we rely on early mornings and weekend shifts to accomplish everything we need to get done. The influx of tourists during the summer months also necessitates a hiatus for construction work within the roadways which, coupled with constraints during the winter months, severely limits the amount of time we have each year to execute utility and roadworks projects. continued on page 29

In looking ahead, I feel that the largest infrastructure challenges facing the Town of Nantucket are how to address the competing priorities of a growing community that requires increased development with an aging infrastructure, emerging contaminants, and increasingly more stringent government regulations.

With 81 miles of coastline being hit by increasingly stronger storms, un-budgeted projects are created by “mother-nature” almost every year. Managing erosion and creating resiliency for our infrastructure and our shoreline is an important long-term concern for the entire community.

As a beautiful island community 30 miles off the coast of Cape Cod, what effect does seasonal tourism have on the Nantucket DPW’s operations?

Nantucket’s seasonal tourism creates a lot of challenges for the DPW operations, and requires us to constantly evaluate the community’s needs, and develop creative solutions to the distinct challenges we face as an island. The increase in population during the summer months adds a number of tasks to our list of responsibilities,

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PW Director Andrew Patnode

otos to accompany the Interview

Public Works Pipeline continued from page 27

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Nantucket has recently applied for funding through the MassDEP SRF Loan Program. Nantucket’s DPW is also in line to receive $329,000 from the Massachusetts Fair Share Program to supplement traditional Chapter 90 funds. Will you please provide us with an update on those applications, and are there some infrastructure projects planned for 2024 or 2025 that UCANE contractors might be interested in bidding?

The Nantucket Water and Sewer Departments have relied heavily on the SRF program to help implement Town Seal the many infrastructure projects that the island needs to protect and improve water quality.

The DPW Director Andrew Patnode Water Department is actively working on water main extensions west of Nantucket Airport and on other roads around the island that are dealing with PFAS contamination in private wells. We expect that to continue over the coming years as more areas are identified as needing municipal water main extensions.

The Sewer Department has also been using SRF funding to create capacity and improve resiliency in the existing sewer collection system, pump stations, and treatment plants to enable the extension of municipal sanitary sewers into unsewered Needs Areas that were identified in the 2014 CWMP. Large sewer extension projects into these Needs Areas are expected to continue over the next few decades.

Lastly, the DPW intends to use Fair Share and Chapter 90 funding to continue maintaining and improving the 110 miles of roads on island that seem to be travelled by more and more vehicles every year. With all the work currently underway and in the pipeline, it is essential that we at the DPW continue to work closely with the Water and Sewer Departments to coordinate our capital plans and seek opportunities to collaborate in an effort to ensure the best possible outcomes for the community. continued on page 31 FEBRUARY, 2024

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Public Works Pipeline continued from page 29 As an island community, Nantucket’s DPW has some unique operational challenges that most towns in Massachusetts do not face. In particular, the handling and disposal of solid waste has been in the forefront lately. Please briefly inform our readers how an island handles solid waste, and what operational changes might be needed in the near future for Nantucket?

The Town of Nantucket and the DPW have the unique responsibility of managing solid waste, which is no easy task on an island. Town Administration created a Long-Term Solid Waste Planning Work Group in 2021 to allow for solid waste, planning, finance, and environmental professionals in the community to work alongside Town staff and our consultants to evaluate, plan, and implement solid waste management strategies that are so critical to the economy and the environment of the island. Effective separation and efficient on-site processing of the more than 25 waste streams that come into the Solid Waste Facility, are the first critical steps to managing and disposing of Nantucket’s solid waste.

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Waste is brought to the Solid Waste Facility by residents or private haulers, who are required to separate waste prior to delivery to the Materials Recovery Facility (MRF). After drop-off, the operator further separates (mostly by hand) recyclables, organics, construction and demolition debris, hard-to-handle wastes like mattresses and tires, and non-recyclable, non-compostables (NRNCs) to prepare them for processing on site or for off-site disposal.

All recyclables and NRNCs are processed on site, some are bailed, then loaded onto trucks. The operator then coordinates getting these trucks shipped off island via the Steamship Authority ferry.

Remaining waste stream organics and compostable materials are processed in our composter, the byproduct of which is a compost material that can be reused on-island. Residuals from the composter are the only materials that end up in the active landfill cell at the facility. We are proud to report that only 10% of all materials that come into the Solid Waste Facility are disposed of in our active landfill cell after processing. All other waste is repurposed on site, or shipped off island for recycling or disposal.

It is certainly a complex and expensive operation to handle solid waste on an island. With an ever-changing solid waste landscape, and a 25-year contract set to expire in December 2025, we are also working tirelessly on drafting the RFP for a new waste services agreement, and evaluating new technologies and practices for environmentally sustainable and efficient solid waste management. n

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C. N. Wood Company, Inc. Massachusetts Senate President Karen Spilka addresses members and guests at event featuring the Installation of UCANE’s 2024 Officers and Board of Directors

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n Tuesday, January 30, 2024 close to 200 members and guests gathered at the Sheraton Four Points Hotel in Norwood, MA to honor and witness the installation of UCANE’s 2024 Officers and Board of Directors.

Prior to the Dinner Meeting, the UCANE Board of Directors held a combined Board/Government Relations meeting in a private room to conduct business. In addition to discussing a host of new and ongoing industry concerns, the Board also voted in two new member firms.

Swenson Granite Company, LLC, represented by Wayne Stickney, and Phoenix Foundation Company, Inc. represented by owner Bob Tonning and Vice President Shane O’Neill all introduced themselves and received a warm welcome from the Board.

Every UCANE member has an open invitation to attend a Board meeting to hear, and voice their opinions on industry issues that the Board is working on, or to bring a new issue in front of the Board. Reach out to Executive Director Joe Nolan if you are interested in attending a Board or Government Relations Committee meeting.

Following the business meeting, our officers and directors joined all of the attendees for a pre-dinner beverage and some relaxing conversation and camaraderie.

Soon the ballroom doors opened, as dinner would soon be served. As always, our hosts at the Sheraton Four Points Hotel did not disappoint, and our group was served a delicious meal by a professional and attentive staff.

UCANE Executive Director Joe Nolan took to the podium and began the evening’s program by thanking everyone for attending and showing support for our 2024 Officers and Board Members. Joe then introduced our guest speaker, Massachusetts Senate President Karen Spilka. He expressed how honored our Association was to have the Senator attend our meeting and address our group. Senator Spilka has been serving towns in the MetroWest region of Massachusetts since her first election as a State Representative in 2001. In 2005, she successfully ran for Senator and since then, she has been serving the towns of Ashland, Framingham, Holliston, Hopkinton, Medway, and Natick. In 2018, she was elected as Senate President by her peers.

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Guest Speaker Senate President Karen Spilka

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FEBRUARY, 2024

Installation of UCANE’s 2024 Officers & Board of Directors

UCANE Officers & Board members in attendance: (L-R): Robbie Our, Robert B. Our Co., Inc.; Christopher Clark, World Insurance Associates, LLC; Vincent Barletta, Barletta Heavy Division;Calvin Brandford, CHB Excavating; David Hamilton, E. J. Prescott, Inc.; Lisa French Kelley, W. L. French Excavating Corp.; William Leonard, Aqua Line Utility, Inc.; Ryan McCourt, McCourt Construction Company; Chip McDonald, ATS Equipment, Inc.; Dan Horgan, R. H. White Const. Co., Inc.; Querino Pacella, RJV Construction Corp.;Chris Valenti, GVC Construction, Inc.; and Brian Cooney, C.C. Construction, Inc. Board Members not in attendance: Mike Biszko III, Biszko Contracting Corp.; Julia D’Allessandro, D’Allessandro Corp.; Jerry Gagliarducci, Gagliarducci Construction, Inc.; Joe Gioioso, P. Gioioso & Sons, Inc.; Justin Goodheart, J. F. White Contracting Co.; Mike Ottaviano, Jolin Paving & Excavating, Inc.; and Richard Pacella, Jr., R. M. Pacella, Inc.

Senator Spilka thanked the Association for inviting her to speak, and extended her appreciation to UCANE and our members for the great work they do in constructing projects that improve Massachusetts rivers, lakes, and shorelines, and that keep our drinking water safe and flowing. She was very much aware of UCANE’s presence on Beacon Hill, and encouraged UCANE to continue to advocate for additional funds for these types of environmental projects that not only protect the health of Massachusetts residents, but also preserves our recreational resources for the enjoyment of all of us.

The Senator was quite knowledgeable about the Federal Infrastructure Bill, the success of our State’s Revolving Fund Program (SRF), and about the positive impacts that water and sewer projects have made on the Commonwealth. This was a bit of a surprise to some in the audience until Senator Spilka revealed that one of her earliest jobs was with the newly formed MWRA in the ‘80s when Boston Harbor was in the news every day as the City of Quincy, and the general public pushed hard to initiate the massive Boston Harbor Cleanup. Not only that, but she also revealed that her husband Joel is an Environmental Engineer who has worked for several consulting engineering firms that most of our contractors know, including Tighe and Bond where he works on water and sewer projects that many of our contractors have actually performed. When the Senator admitted that Joel has been pointing out surcharging manholes to her, and talkFEBRUARY, 2024

ing about sewers since they began dating 42 years ago, there were laughs throughout the room, and the Senator had won the audience over!

It was clear that Senator Spilka and UCANE both agree that investments in water and sewer systems can create visible and lasting improvements for Massachusetts communities, and a better quality of life for all residents of the Commonwealth.

Prior to the Installation of Officers and Directors, Executive Director Joe Nolan asked two member employees to come to the podium to be honored for their many contributions to UCANE and for their dedication to construction safety. He stated, “These two gentlemen have been responsible for authoring the Safety Corner feature in UCANE’s monthly magazine for five continuous years.

They are both also long-time, active, and key members of UCANE’s Safety Committee. They are Professional Safety Directors working for two of UCANE’s largest contractor members.”

Patrick Saltmarsh with J. Derenzo Company and Tim Hunt with W. L. French Excavating Corp., Inc. came to the podium where Joe Nolan thanked them for sharing their knowledge in construction safety with UCANE, and presented each of them with a plaque honoring their achievements, as the audience applauded loudly.

The highlight of the evening was of course the Installation of UCANE’s Officers and Directors who would lead continued on page 35

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Dinner Meeting continued from page 33

UCANE in 2024 during our 70th Anniversary Year. Each Board member was applauded as Joe Nolan called their name, and they came to the stage. Joe administered the Oath of Office to the four officers and the 18 Board members. He also thanked the two outgoing Board Members for their dedicated service, Marcella Albanese, President of Albanese Brothers, Inc., and George Defelice, President of DeFelice Corp.

Joe then presented a plaque to our 2022-2023 outgoing President Ryan McCourt, McCourt Construction Co. Ryan thanked the Board and his fellow Officers for working with him and supporting him for the past two years, and he encouraged all UCANE members to get involved by joining a committee and staying involved. He assured members that stepping up and becoming a Board Member would also be an exciting and rewarding experience. Ryan then passed the ceremonious gavel over to UCANE’s 2024 President Brian Cooney, C. C. Construction, Inc. Brian thanked our Association members for their vote of confidence, and he congratulated the 2024 Board. He then stated that he was honored to accept the position of UCANE President. He promised to work to build on UCANE’s stellar reputation as the premier voice for Clean and Drinking Water Advocacy in Massachusetts, and to keep close communications with MassDEP, municipalities, and the Clean Water Trust to assure that funds from the Federal Infrastructure Bill are committed to public works projects that our contractors can build, and not diverted or returned at the bill’s sunset. He also stressed to all contractors the importance of giving our associate members an opportunity to bid whenever possible, and he closed by challenging his Board and all members to bring in new members in 2024.

Joe Nolan closed the meeting by thanking everyone for attending tonight’s meeting, and he reminded all that UCANE’s popular “Forecast Dinner Meeting” is scheduled for March 11 at the Sheraton Four Points Hotel. Top officials from MassDEP, MWRA, and Boston Water & Sewer Commission will be unveiling their capital program schedules for 2024. UCANE will also be holding our 13th Annual “Trade Show” event from 4:30 to 6:30 pm prior to our Forecast Meeting. More FEBRUARY, 2024

details will be coming but Joe suggested members to get their reservation into the UCANE office early as it was sold-out last year. n

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Lowell Based Family Business Proves the Old Adage, “One person’s junk is another person’s treasure!”

Heavy equipment ready for work at Everett recycling facility

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FEBRUARY, 2024

Post World War II Dismantling Ships and Street Cars Starting his business over 65 years ago, Frank Minichiello, Sr. and his brothers saw an opportunity to make a living from scrap metal. At that time, Frank Sr.’s father was a caretaker at the local dump, and Frank Sr., along with his brothers would collect scrap metal to be sold and recycled.

By 1957 Frank Sr. and his brothers had saved enough to purchase their first metal recycling yard located on Second Street in Everett. Along with the metals collected from the dump, they began to buy scrap metal from other local collectors and small businesses. Post WWII they saw an opportunity working with the local shipyard, dismantling decommissioned naval vessels and submarines. They also contracted with the MBTA and began dismantling old street cars. When the dismantling business decreased, Frank Sr. focused more on buying scrap metal in his yard. By the late 1960s, the Minichiello Brothers Everett yard was a popular and reputable destination for scrap in the Boston area.

Starting from the Bottom of the Bucket In his early days working in the scrap metal yard, Frank Sr.’s son, Frank Jr., vividly remembers the lessons taught by his father and credits him with the success he has today. “He taught me about life and how much work went into making a dollar,” recalls Frank Jr. He also remembers some of his earliest years, when he was just a youngster going to the yard with his father and wanting to be involved. Frank Jr. tells the story of when his father put a magnet in one hand and a bucket in the other and

Frank Minichiello, Sr. scrapping out MBTA cars circa 1960 told him to put anything that didn’t stick to the magnet in the bucket. Starting at the bottom and working hard were virtues that Frank Jr. learned at a young age, and still believes in today. He vividly recalls how when he got to be a teenager his father let him graduate to using an axe.

“While there were torches and other cutting tools available, my dad handed me this axe and told me to get to work chopping up the scrap metal.” Frank Jr. remembers chopping up pipes, sheet metal, industrial stainless steel, car radiators and things you thought could not be cut. “I chopped up everything using that axe,” he said. continued on page 40

On-site demolition of MBTA Cars – Late 1950s

FEBRUARY, 2024

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Scrap It, Inc./Minichiello Bros., Inc. continued from page 39

Hard Times to Decision Times According to Frank Jr., “Like many family-owned businesses, Minichiello Bros., Inc. suffered as economic times changed. In the ‘90s there was a surplus of scrap metal that no one wanted, which caused a price deflation.” In addition, to these uncertain economic times when scrap prices were declining, the founding generation, which included Frank Sr., his brothers and family members who later joined the company, were aging and ready to enjoy retirement.

Frank Jr., having worked at the company for most of his life, believed that the core of the business was still viable, but just needed some new ideas and renewed energy.

It was at that point in 1999 that he and his wife, Tanya, made a bold decision to buy the business from the firstgeneration family members. After borrowing money to buy the business, and with only $5,000 in his pocket, Frank Jr. and Tanya Minichiello went right to work rebuilding and rebranding the company. Frank Jr. credits Tanya, who is currently the company President, for much of the business success saying, “I could not have done it without her.”

Owners Tanya and Frank Minichiello, Jr.

Scrap Metal Prices Move Up - and So Does the Business As with most situations, if you wait long enough things will change. Scrap metal prices, which had been depressed, started to rebound in the 2000s. In 2005, Frank Jr. and Tanya expanded their operation in Everett, MA, and in 2006 opened a second recycling facility off Route 12 in Marlborough, New Hampshire. That same year a second entity was formed called Scrap It, Inc. to focus more on pursuing scrap through jobsite pickups, roll-off containers, and live load services.

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Tractor with roll-off container making a delivery

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FEBRUARY, 2024

The NH facility expanded the company’s capability to also include automobile dismantling. This dismantling activity is reminiscent of the early days when the company used to dismantle ships and street cars. Ralph Carbonaro, General Manager of the NH facility, takes pride in keeping the operation NHDES compliant in best management practices and consistently strives to exceed the required standards.

Both recycling operations were running smooth in 2017, when Frank Jr. and Tanya saw another opportunity to expand in a Westerly direction. They purchased property on Fremont Street in Worcester, MA for a third scrap/ recycling operation. The three facilities expanded their market area considerably. In addition, in 2017, to better serve the three sites, the company opened a commercial site in Lowell, MA. That property on Meadowcroft Street is strategically located to provide support to all three recycling facilities. It would also become the new corporate headquarters and centralize the company’s maintenance operations and equipment storage needs. Frank Jr. and Tanya Minichiello are always looking to expand or change operations to meet industry demands.

Today, the Scrap It, Inc./Minichiello Bros., Inc. business has expanded the types of scrap that they can process and sell. In the beginning, the company dealt with only non-ferrous metals such as copper, brass, aluminum, and stainless steel. Times have changed and the company now accepts ferrous metals such as steel, light iron, and cast iron. The company also accepts various items ranging from automobiles and automobile parts including batteries, catalytic converters, radiators, to com-

puter printed circuit boards, electric motors, and wire. The company currently meets the state required standards to purchase and sell catalytic converters. The company is also a licensed and approved scrap facility for the disposal of oil tanks. In the modern era, the company is doing its part to make the public aware of its responsibility to recycle with a simple catch phrase of, “Turn Your Metal into Money”, it’s that simple, if it’s made of metal, chances are the company can recycle it, and you get paid.

Wide Range of Services Provided How many ways can a scrap metal dealer provide services?

• Weigh and Pay Pick Up Services: The company will send a truck to your home, yard, or facility, weigh your metal, and pay cash or check on the spot, this will eliminate time and labor needed to load materials and bring them to our facilities.

• Roll-Off Services: These services are designed to keep your jobsite running efficiently. A wide range of dumpster sizes are available to fit your needs. Dedicated dispatchers will work with your company on scheduling times to best accommodate your project needs.

• Live Load Services: The company can provide containers or tubs to be loaded while a driver waits, reducing the challenges of your jobsite restrictions.

• Junk Car Pickup Services: The NH facility will pick up the old, unwanted junk vehicles in the NH area and dismantle them. continued on page 43

Unloading scrap from trailer dump at Worcester recycling facility

FEBRUARY, 2024

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41

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Scrap It, Inc./Minichiello Bros., Inc. continued from page 41 Buying staff will come to your location and assess your recycling needs. They provide aggressive pricing and advice on what equipment and services would best fit your needs.

The foundation of the business, which relies on three recycling facilities, is open to the public six days a week.

Whether you have a single microwave or a trailer full of scrap, the company can accommodate you at any one of their facilities. They are equipped with all necessary equipment to unload your metal and get you paid.

Always Valuable and Never Spoils You can just sense from talking to Frank Jr. that “scrap metal” is in his blood, and the little kid with the magnet is still around. Frank Jr. offered these comments about the business, saying, “The good thing about scrap metal is that it doesn’t go bad, it doesn’t matter what it looks like, it still has value, and it never spoils.”

Customer Service and Teamwork are Highest Priorities According to Frank Jr., “Our company is unique, from the company President down on through the ranks. Each of us believes the key to success is customer service and innovative solutions to industrial problems. We all believe, and take pride in, our facilities and yards. Everyone working here has learned that teamwork is very important to getting any job done efficiently and safely. Teamwork in the yard and always keeping our customers’ needs first are our highest priorities. We strive to keep promises from start to finish.”

Working with UCANE Members Scrap It, Inc./Minichiello Bros., Inc. has been a UCANE member since 2013. The company has been an active supporter of our Association since joining. Company Sales Manager, Fred Rogers, is also the UCANE

Crane with grapple separating metal representative and is well known to our membership.

Fred can be found at most UCANE Board Meetings and events, and has served on several committees over the years. His active involvement and support of UCANE recently earned Fred the prestigious “Associate Member of the Year” award, and was presented at UCANE’s Annual Banquet.

According to Fred, “I have the utmost respect for UCANE contractors, and have built many successful business relationships with some great firms. We have had multiple projects, and have worked with McCourt Construction Co., P. Gioioso & Sons, Inc., SPS New England, Inc., Albanese Brothers, Inc., Aqua Line Utility, Inc., Jolin Paving & Excavating, Inc., Sunbelt Rentals, D&C Construction Co., Inc., and GVC Construction, Inc., to name a few. The Minichiello’s and I are happy to be a part of the UCANE family and hopefully we will be able to make our mutually beneficial services known to other Companies.”

“UCANE is proud to count Scrap It, Inc./ Minichiello Bros., Inc. as one of our Association’s active members. Our officers, board, and staff wish them continued growth and success.” n

FEBRUARY, 2024

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Nancy Hughes, President OHS Training & Consulting, Inc.

A New Trend in DOT Exams Prior to May 2014, medical examiners issuing commercial motor vehicle (CMV) medical certificates (commonly referred to as DOT cards) were only required to be: licensed by their state to conduct physical examinations, familiar with the demands of CMV operations, and knowledgeable of the requirements of regulations established in 49 CFR 391.43.

At that time, there was no required training, or certification process in place to verify that the medical examiners actually met these qualifications.

T

he lack of a medical examiner training and certification process was first addressed by Congress in 2005 in the enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, known as SAFETEA-LU. The Act mandated that FMCSA create and maintain a National Registry of Certified Medical Examiners (NRCME) to guarantee that the medical examiners certifying CMV drivers were adhering to Federal Motor Carrier Safety Regulations (FMCSRs) related to driver fitness, as well as being aware of the physical and mental demands of CMV operation.

Beginning on May 21, 2014, CMV drivers were required to obtain their FMCSA medical examinations from a Certified Medical Examiner (CME) who was listed on the National Registry of Certified Medical Examiners website.1 To become a Certified Medical Examiner, a medical professional was required to participate in training, pass a certification test, and register on the National Registry system.2 While FMCSA wrote the questions for the certification test, the required training was taught by professional organizations such as the American College of Occupational and Environmental Medicine (ACOEM). These training programs taught the mandatory Regulations in 49 CFR 391.41 Subpart E-Physical Qualifications for Drivers,3 as well as the optional guidelines in the FMCSA Medical Examiners Handbook (originally published by FMCSA in 2008).

FEBRUARY, 2024

In 2015, FMCSA removed the Medical Examiner Handbook (MEH) from its website because, as more and more medical professionals were trained to become CMEs, it became clear to FMCSA that many individuals were confusing Regulations and guidelines.

Rather than viewing the Regulations as mandatory and the guidelines in the MEH as optional, individuals tended to co-mingle the two. In other words, the guidelines in the MEH were starting to take on the status of Regulations. After pulling the MEH from its website, FMCSA decided it was time to do a complete rewrite of the MEH. The goal was to update the medical information to bring it in line with current clinical research and opinions. continued on page 47

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FEBRUARY, 2024

Safety Corner continued from page 45

causes recurring, unprovoked seizures. A DOT driver who experiences a single, unprovoked seizure does not necessarily have epilepsy. Note: a driver with epilepsy can apply for an exemption to this Regulation if he or she has been seizure free for a at least eight years, on or off medication.

Today, the old MEH is easily available online and is widely used as a reference by CMEs. The new MEH is also available in a draft version; however, it should be noted that the new MEH is still going through an approval process at FMCSA. The probWhat about sleep apnea? The Regulations do lem is, the Regulations are mandatory, but very gennot specifically use the term sleep apnea. The Regueral in nature, while the guidelines in the MEH are lations do state that a DOT driver should have “no very specific, but completely optional. respiratory dysfunction likely to interfere with his/her There are, however, five mandatory, specific disability to control and drive a commercial motor vequalifiers in the Regulations and all DOT drivers and hicle safely.” Most medical professionals would probtheir employers should be aware of these: ably interpret respiratory dysfunction to include sleep apnea. However, it is clear from the Regulations that 1. Vision: DOT drivers are disqualified if they do there is no requirement to screen drivers for sleep apnot meet the following visual criteria: 20/40 vinea. What happens if the Certified Medical Examiner sion with both eyes together and in each eye separately; peripheral vision of at least 70° in continued on page 48 each eye; and the ability to see the traffic signal colors of red, green, and amber.

2. Hearing: DOT drivers are disqualified if they do not meet the following auditory criteria: ability to hear a forced whisper at 5 feet or farther away, OR pass a hearing test using an audiometer (passing is, in the better ear, a 40 dB average hearing loss or less at the frequencies 500 Hz, 1000 Hz, and 2000 Hz).

3. Medications: DOT drivers are disqualified if they use a Schedule 1 drug. A Schedule 1 drug is a drug with no currently accepted medical use and has a high potential for abuse. Examples of Schedule 1 drugs include: heroin, LSD, ecstasy, methaqualone, and marijuana.

Note: regardless of whether the driver has a medical marijuana card or lives in the state where recreational marijuana use is legal, Federal Regulations prohibit all use of mari1200 Worcester Road juana by DOT drivers.

Framingham, MA 4. Alcoholism: DOT drivers are Tel: (508) 834-8691 disqualified if they have a current clinical diagnosis of alcoAsk for: Lee Daum or Chris Uhl holism. Note: an alcoholic in recovery who is compliant with a treatment program is not disqualified.

5. Seizure Disorder (epilepsy): 3 Locations to– Serve You& TRUCK in Eastern SALES – SERVICE PARTS – CAR RENTAL MA Epilepsy is a brain disorder that

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47

Safety Corner continued from page 47 goes to the Medical Examiner Handbook for guidance? The old MEH does not mention sleep apnea at all. The new MEH does address sleep apnea but suggests a case-by-case approach in which the medical examiner looks at an individual driver’s risk factors and symptoms. This case-by-case philosophy does not just apply to sleep apnea. In fact, the new MEH suggests a case-by-case approach to almost every medical condition. It is no secret that many CMEs have complained to the FMCSA about an absence of specific direction which would help the CMEs to make the tough medical decisions that could affect public safety, as well as the livelihood of the driver.

In summary, with the exception of the five disqualifiers outlined above, the current trend at FMCSA is to move away from specific medical guidelines, and more towards a case-by-case approach. Many feel that this approach is prudent because it looks at the driver as an individual, and takes into account any special circumstances that he or she may have. On the other hand, much is left to the discretion of the Certified Medical Examiners, and CMEs have varied medical backgrounds. The person performing

the DOT exam could be a medical doctor, an osteopath, a physician assistant, a nurse practitioner, or even a chiropractor. In some states, a properly trained physical therapist can perform a DOT exam. Since professional training may vary widely among the CMEs, a discretionary (case-by-case) approach taken by, for example, a chiropractor may likely vary significantly from a discretionary approach taken by a medical doctor. Therefore, whether or not a DOT driver is qualified during the course of a DOT exam, may depend as much or more upon the driver’s choice of a medical examiner as upon the driver’s actual underlying medical conditions.

Written by Brian Morris, MD. n

1.

https://www.fmcsa.dot.gov/medical/driver-medicalrequirements/national-registry-certified-medicalexaminers

2.

https://www.fmcsa.dot.gov/regulations/nationalregistry/national-registry-certified-medicalexaminers-become-medical-examiner

3.

https://www.ecfr.gov/current/title-49/subtitle-B/ chapter-III/subchapter-B/part-391

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2024 Scholarship Applications Available Now UCANE to Award Twelve $2,000 Scholarships WHO IS ELIGIBLE TO APPLY? •

Any child or grandchild of a UCANE member OR an employee of a member in good standing.

•

The applicant should be a high school senior who will be enrolling full time in an accredited two- or four-year academic institution for the year beginning in September 2024 OR a current full-time college student who has not previously received a UCANE scholarship.

HOW WILL THE APPLICATION BE JUDGED? Twelve $2,000 scholarships will be awarded. Two of the 12 scholarships will be awarded to applicants pursuing a construction related degree. There will be a question on the application to indicate if you believe you are eligible for these scholarships. The other 10 scholarships are open to all other courses of study.

Applications are judged and winners are selected by independent outside educators. Selection will be based on the overall worthiness of the applicant by considering: 1. Scholastic achievement; 2. Interest and effort in preparing for your vocation; 3. Extra-curricular activities at and away from school, including community and religious service; 4. Difficulty of course curriculum and career objectives; 5. Personal recommendations; 6. Thoroughness of the completed application, particularly the essay

HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED? Each application is assigned a number. When completed, page 1 of the application, with the name of the applicant, must be detached and sealed in the accompanying envelope. Please be certain to indicate the UCANE firm where you, your parent, or grandparent is employed when applying. The applicant’s name must not appear on any part of the application or attached transcripts and recommendations. After the winning applications have been selected, the envelopes with those corresponding numbers will be opened to identify the award recipients.

WHAT MUST ACCOMPANY THE APPLICATION? 1.

2.

3.

A transcript of high school or college grades through the latest period prior to April 14, 2024.

A letter of recommendation from the principal or faculty advisor/academic advisor.

Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community (optional but recommended).

IMPORTANT - PLEASE NOTE: In the event the applicant receives a full scholarship from the college of his/her choice, or from any organization, civic group, etc., the UCANE Scholarship will be awarded to another applicant. Applicant’s parent/grandparent must work for a company in the New England Region.

Applications must be received in the UCANE office no later than April 14, 2024. If you have any questions concerning the completion of this application please contact: Utility Contractors’ Association of New England, Inc. 300 Congress Street • Suite 101 • Quincy, MA 02169 Tel: 617.471.9955 • Email: pgalvin@ucane.com FEBRUARY, 2024

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UCANE Presidents 1954-2024

(L-R) Carmen Jiustino ('63-'64), John Crognale ('65), Peter Bagarella ('57), John Buccella ('58-'59), and Frank DiCenso ('54-'56) Photos not available: Joseph Cucci, Jr. ('60), Oliver Volpe ('61-'62), and John Botti ('68-'69)

John Pacella ('66-'67 &'72-'75)

James Hannon ('70-'71)

Joseph D'Amico ('76-'77)

Frank Federico ('78-'79)

Leon Asadoorian ('80)

Joseph Biotti, Jr. ('81)

Paul Fantoni ('82)

Peter J. Martin ('83-'84)

Ronald Pacella ('85-'86)

John G. Walsh, Sr. ('87)

Dominic Frangioso, Jr. ('88)

Ronald Cincotta ('89-'90)

Phil Pittorino ('91)

Sreven Comoletti ('92)

Michael Lenihan ('93-'94 & '04)

Robert Berry ('95-'96)

As UCANE celebrates its Platinum Anniversary, we commemorate this milestone by paying tribute to those who have guided our Association over the past seven decades.

Joseph Biotti, III ('97)

David Zoppo ('98-'99)

Jon D'Allessandro ('00-'01)

Dale Pyatt ('02-'03)

Thomas Descoteaux ('05-'06)

Vincent Barletta ('07-'08)

Joseph Pacella ('09-'10)

Marco Gioioso ('11-'12)

Al Morteo ('13-'14)

Tony Borrelli (‘15)

John Our (‘16)

Paul Scenna ('17)

Richard Pacella, Jr. ('18-'19)

Marcella Albanese (‘20 & ‘21)

Ryan McCourt (‘22 & ‘23)

Brian Cooney ('24)

3 Cabot Place, Ste. 3 Stoughton, MA 02072 www.KlaymanPIA.com

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Christopher Clark

World Insurance Associates, Inc.

Building Resilience: Overcoming Challenges in the Hard Insurance Market The insurance landscape is ever evolving, and staying ahead of the curve is paramount. From economic uncertainties to the impact of catastrophic events, the challenges present in today's insurance market are multifaceted and demand strategic responses. In this article, we delve into the complexities of the hard insurance market and provide actionable insights for those in the construction industry.

Understanding Construction Industry Trends In the Northeast, construction activity remains active despite looming economic uncertainties. However, clients are cautious about new projects due to the challenges of accessing loans and meeting lender requirements. The absorption rates for for-sale housing are impacted, resulting in a slight slowdown in construction activity. Yet, the potential infusion of infrastructure investments offers a glimmer of hope, with anticipated projects in roads, bridges, and other critical infrastructure sectors.

Amidst the optimism, challenges persist. Inflationary pressures have significantly increased project costs, exacerbating difficulties in a tight property market. Supply chain disruptions and delays in municipal approvals add further hurdles, underlining the importance of proactive risk management and strategic planning.

Builder's Risk Insurance: Challenges and Opportunities Builder's risk insurance is a critical safeguard for construction projects, yet navigating its complexities requires careful consideration. While the market has

FEBRUARY, 2024

seen new entrants offering competitive terms, the aftermath of catastrophic events like hurricanes and wildfires has introduced pricing volatility and capacity constraints. Understanding the nuances of coverage limitations and project-specific risks is essential for contractors to mitigate exposures and safeguard their investments effectively.

Understanding the intricacies of builder's risk insurance is essential for contractors to mitigate potential risks. Project length becomes a critical factor, with projects exceeding 36-month terms facing challenges continued on page 54

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Insurance Perspective continued from page 53 in securing extensions. Collaboration with brokers and early communication are vital in navigating these complexities and ensuring optimal coverage and risk mitigation strategies are in place.

Factors Driving the Hard Insurance Market The transition from a soft to a hard insurance market presents many challenges for contractors and insurers. Escalating catastrophic losses, rising claims costs, and tighter underwriting standards have increased premiums and reduced capacity. Furthermore, the prolonged low-interest-rate environment has dampened investment returns, prompting insurers to reassess their risk appetite and pricing strategies. Understanding market dynamics and proactive risk management practices are indispensable in navigating this landscape.

Six Factors Contributing to a Hard Insurance Market in Construction •

Project Delays: unpredictability in construction projects, exacerbated by changes in scope, imperfect planning, supply chain failures, weather events,

•

•

•

•

•

and government-driven disruptions like pandemics, leading to significant delays and uncertainties.

Cost Escalation/Inflation: inflationary pressures are forecasted at 8-10% for residential and 6-8% for commercial construction, impacting project costs and the financial stability of contractors and subcontractors.

Supply Chain Challenges: procurement of critical parts and equipment, resulting in delays, program changes, and increased costs for construction projects.

Contractor/Subcontractor Solvency: high-profile insolvencies among contractors due to thin margins and financial strain, leading to coverage cessation and additional costs for project insurance.

Contractual Risk Allocation: shift in risk allocation to principals under construction contracts, sometimes with mistaken assumptions of full insurance coverage, leading to higher deductibles, limitations, or exclusions by insurers.

Adoption of New Technologies: increasingly complex construction practices adopting new technologies create new insurable risks, such as cyber threats from reliance on online systems, continued on page 55

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FEBRUARY, 2024

Insurance Perspective continued from page 54 drones, and autonomous vehicles.

Specific Responses in a Hard Market •

•

•

•

Review Coverage Needs: Assess project-specific risks and coverage requirements due to changing market conditions. Tailor insurance programs to address emerging risks and ensure adequate protection against potential liabilities.

Enhance Risk Management Protocols: Strengthen risk management practices to minimize exposures and enhance insurability. Implement robust safety protocols, conduct thorough risk assessments, and prioritize proactive mitigation measures to mitigate potential claims.

Budget Strategically: Anticipate premium increases and factor insurance costs into project budgets from the outset. Allocate resources wisely and balance insurance expenses with other operational costs to ensure financial stability.

Engage Proactively with Brokers: Collaborate closely with experienced brokers with in-depth industry knowledge and strong carrier relationships. Engage early in the renewal process to explore coverage options, negotiate favorable terms, and mitigate potential disruptions.

Expectations and Responses in a Hard Market As premiums rise and coverage becomes more restrictive in the challenging landscape of the hard insurance market, it becomes imperative for contractors to adopt a proactive risk management stance. This entails conducting comprehensive reviews of insurance programs, navigating heightened underwriting scrutiny, and promptly addressing nonrenewal notices. Effective collaboration with experienced brokers and early engagement in the renewal process are crucial steps toward securing optimal coverage and mitigating potential disruptions to construction projects. By embracing a strategic and proactive approach, contractors can navigate uncertainties, thrive amidst market challenges, and safeguard their interests effectively in the ever-evolving construction industry. n

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.

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FEBRUARY, 2024

Navigating, Understanding Hidden Dangers of Permit-Required Confined Space Entry There are many occupations that require the safe performance of work when confined space is involved.

This includes, but is not limited to, sewer structure rehabilitation, manhole entry and infrastructure inspection processes. Any incidents or accidents during confined space entry are of particular concern to health and safety, due to the hazards they pose to the potential victim or entrant, as well as the attendant and rescue team.

U

nderstanding these hidden dangers, and the critical importance of proper preparedness in confined space, are vital to a safe work site.

• To begin, we need to understand the definition of confined space. According to the Occupational Safety and Health Administration (OSHA), a permit-required confined space is generally one that: • Has limited or restricted means of entry or egress • Is large enough for a person to enter to perform work • Is not designed for continuous occupancy • Contains, or potentially contains, a hazardous atmosphere • Has the potential for engulfing the entrant • Designed in a manner that could cause an entrant to be trapped For the purpose of this article, we will assume that all sewer structure rehabilitation entries will be considered a permit-required confined space entry due to the possibility of the above conditions existing at any given time.

In 2015, OSHA enacted the revised Construction Confined Space Standard under 29 CFR Part 1926.

We will mention a few items under this standard, before discussing the critical items for confined space.

Written program Keep in mind that prior to working in sewer structure access points, each employer must have a written program that includes the following: • Identify all confined spaces. For example, sewer structure access points consist of manholes, pits, sanitary manholes, storm sewer manholes, lift or pumping stations, catch basins, culverts and grease traps.

• Evaluate confined spaces for hazards.

• Establish protection procedures for controlling hazards.

FEBRUARY, 2024

•

Set up confined space permit procedures for entering the space.

Once the written plan is in place, you may still need to cover some items. First, when preparing to enter a sewer structure access point, it should always be considered a permit required entry.

Second, whenever workers have any part of their body in the confined space, they are technically considered entering the confined space and must follow all aspects of the standard. continued on page 58

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Navagating continued from page 57 Third, after opening manhole covers and access lids, the opening should be promptly guarded to prevent an accidental fall through the opening. Never leave an open manhole unguarded or unattended.

Finally, a sign is needed onsite of the confined space entry. It should warn workers and the public of the hazards, with language like, “Danger – Permit Required Confined Space – Do Not Enter.”

Some key elements of the standard are designed to protect workers from unknown hazards and potential injury. These include continuous air monitoring, continuous ventilation, completion of a confined space permit, entrants wearing a properly fitted harness and being attached to a winch retrieval system and self-retracting lifeline.

Following is a brief breakdown of these critical components:

Continuous Air Monitoring or Atmospheric Testing Before an employee enters the space, the entire internal atmosphere shall be tested – all levels (top, middle and bottom). Gases in confined spaces have different densities and may be found in varied locacontinued on page 59

58

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FEBRUARY, 2024

Navagating continued from page 58 tions within the confined space. Typically, the sewer rehabilitation industry will include sensors for the following: oxygen, LEL, hydrogen sulfide and carbon monoxide.

The atmosphere within the confined space must be continuously monitored. The employer must ensure that the monitoring equipment has an alarm that will notify both attendants and entrants if a specified atmospheric threshold is exceeded. In addition, air monitors must be calibrated, and bump tested at a minimum, per the manufacturer’s specification.

Upon completion of the confined space entry, the permit must be signed and closed to ensure completion by the entry supervisor.

Entrants Must Wear a Properly Fitted Harness When entering a confined space, the entrant must wear a harness for both retrieval and fall protection.

Harnesses should be inspected before use. Always follow the harnesses’ manufacturing specificacontinued on page 60

Continuous Ventilation After the initial air sampling has occurred, start the ventilation process but always continue air monitoring.

Pay close attention to the location of the blower intake. Typically, manholes or entry points are in streets, and near traffic and construction vehicles.

Always ensure that the blower intake fan is located away from running vehicles. Failure to focus on blower location may result in moving unwanted toxic gases, like carbon monoxide, into the confined space where they may not have been originally.

Prior to entering the confined space, a confined space permit must be completed The employer determines the employees qualified for these roles.

Key elements required on the confined space permit include, but are not limited to: • Date and authorized duration of the entry • Name of the authorized attendant • Identity of authorized entrants inside the permit space (i.e., rosters or tracking systems) • Logging of air-monitoring results at regular intervals, as determined by the employer • Identifying hazards associated with the confinedspace entry

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

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

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Navagating continued from page 59 tions for all training and inspection protocol.

Entrants Must be Attached to a Retrieval Winch and Fall Protection Device When the entrant is being lowered into a sewer structure access point, the person must be attached to a self- retracting lifeline (SRL) to prevent a fall, as well as be attached to a retrieval winch/lifeline system.

The entrant must remain attached to this system the entire time the worker is in the confined space.

Confined Space Training Lastly, all confined space workers must be trained per the OSHA 1926 Construction Confined Space Standard. This training must include informing workers about the existence and location of, and dangers posed by, each permit-required confined space.

Employers must train workers involved in permitrequired confined space operations so that they can perform their duties safely and understand the hazards in permit spaces, and the methods used to isolate, control, or protect workers.

Effective training is essential and creates a safety-first mindset for workers in confined space. Some key aspects include: • Review all company confined-space procedures • Cover proper use of all confined-space equipment • Review all company polices for first aid and emergency response • Know how to inspect sewer structures and systems to identify unique hazards • Cover all use and handling of company issued monitoring equipment • Cover all use of company issued ventilation systems • Detailed understanding of the company confinedspace permit and how it should be completed and saved.

Final Thoughts The standard provides the user with the information and tools needed to successfully implement a safety-confined space program.

A complaint program involves uncontinued on page 61

Asphalt Paving • Excavating • Site Development Hot Mix Asphalt Lawrence-Lynch Corp.

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Navagating continued from page 60 derstanding what “confined space” is in the workplace. It also requires having a written assessment of the hazards that may be present and listed on the confined space permit, the systems to be used to monitor for and eliminate the hazards (air monitoring, ventilation, retrieval systems, fall protection, hazardous energy control), employee training to use all the systems required by the employer and, lastly, procedures for responding to an emergency.

In closing, there will be an opportunity for anyone working in or managing sewer structure rehabilitation, manhole entry and infrastructure inspection processes to attend a hands-on confined space training course at the upcoming UIC conference.

To register and join us in learning the latest techniques and technology for safe confined space entry, go to ui-conference.com.

Written by Dennis Pivin, CSP, NASSCO Director of Health, Safety and Environmental. n

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978.658.5300

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Concrete

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7 Tips for Roadway Work Zone Safety Awareness The statistics are harrowing: Every day, three lives are claimed in the United States because of work zone crashes.

In 2021, the most recent year we have data for, 956 lives were lost and an estimated 42,000 individuals were injured in work zone crashes out of an estimated 106,000 work zone crashes that year.

While there have been slight reductions in accidents involving rear-end collisions and commercial vehicles in recent years, the rise in speed-related crashes has offset any positives. During the same time frame, there’s been a 20% increase in work zone fatalities involving pedestrians and cyclists in work zones, underscoring the ongoing danger.

Carmine Cimetti Hub International New England

7 Best Practices to Keep Your Crew Safe Government agencies and private entities dedicate substantial resources annually to enhance work zone safety, raise awareness about the risks, and safeguard workers. Here are some important aspects to consider when creating guidance on how to protect your employees in work zones: 1. Safety policies should be well-established and adhered to. Traffic control systems, devices and rules play an important role in work zone safety. Each work zone must be carefully planned and constructed.

Safety policies must be followed by all to mitigate risk for both drivers and workers.

2. Have all controls in place before work is performed. Different tasks carry varying degrees of risk for both workers and drivers.

Installing signs, flagging, repairing utilities, collecting debris, reopening lanes, surveying and paving are a few tasks that can increase workers’ exposure to risk. Ensure all controls and safety measures are in place before any work begins.

FEBRUARY, 2024

3. Train workers on the risks, and properly install effective signage for heightened awareness. The features of a roadway or work zone significantly impact the level of risk. Factors such as lane closures, altered road markings, uneven surfaces and road bends can make navigating around a work zone difficult for drivers and could lead to serious or fatal accidents. Training workers on the inherent risks of the work zone area and installing signage can help prevent accidents.

4. Implement traffic control plans. Traffic volume can influence safety in a work zone.

Implementing traffic control plans that consider both the flow of construction and vehicles may reduce risk. Utilizing techniques such as temporary traffic controls, public information campaigns and other transportation operations designed to secure a work zone will reduce the likelihood of incidents.

Moving vehicles, speed differentials, lights, continued on page 64

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63

7 Tips continued from page 63 operating construction equipment and more can distract both workers and drivers, necessitating this strategy.

5. Do not assume the driver is paying attention. Driver behavior can be unpredictable.

Drivers may not adjust their speed based on speed reduction signage, nor be sufficiently aware of the risks a work zone presents to themselves and to workers. Distracted driving remains the top cause of motor vehicle accidents, and workers should never assume a driver is paying attention.

6. Be aware of your environmental hazards.

Whether a work zone is in a busy city or on a rural highway, every environment presents unique challenges to maintaining a safe worksite, so consider the potential hazards. Pedestrian traffic can be unpredictable if not properly controlled, and animals, such as deer, may run through a construction zone late at night, startling drivers and causing unexpected reactions and unintended accidents that could injure employees in the work zone.

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7. Embrace system technologies. In addition to adhering to a solid Traffic Control Plan, contractors can employ various technologies like Work Zone Intrusion Alarm Systems, Worker Alert Systems and Wrong Way Vehicle Detection Systems. These technologies will complement existing traffic control measures, further enhancing safety.

Work zone safety remains a critical concern, given the alarming statistics and evolving challenges. The implementation of rigorous safety measures, thoughtful planning and the integration of advanced technologies are essential to protecting the lives of workers, pedestrians and motorists in these high-risk environments. n (About the author: Carmine Cimetti is Vice President in the construction specialty group at insurance brokerage Hub International New England. He has over 25 years of experience in construction risk management, operations, planning and project management.) n

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How to Gain Respect from Experienced Co-Workers

A

potential client recently asked me, “How do you handle a superintendent 30 years older than you giving you a hard time?”

On the other end of the spectrum, a 25-year-old project manager recently asked me how to run an effective jobsite meeting when everyone in it has 20 years more experience than him.

I love these questions because I have direct experience with them: In my last role, I was promoted to vice president of preconstruction and sales at 28 years old, and most of my team — estimators, superintendents, project managers — were anywhere from 20 to 50 years older than me.

One of the great things about construction is that it is an apprenticeship- and mentorship-based industry. The people with the experience take the next generation under their wing and show them the ropes.

But it’s also common for someone in their 20s, 30s or 40s to run a jobsite, department or company, while the most experienced people are in a key support role. So, if you fall into that 20s-to-40s bucket, it’s really important that you understand how to navigate relationships with your older, more experienced co-workers.

FEBRUARY, 2024

When you do that successfully, jobs will run better, people will be happier and your teams will have a beautiful diversity of thought that you really can’t put a value on.

I made a lot of mistakes in my journey (and still do), but I learned some good ways to gain respect from experienced co-workers. Whether you’re a young PM who wants a better working relationship with your superintendent, a VP with a new bidding strategy for a senior estimator 20 years older than you, or a project executive who wants to be president of the company one day, here are some ways to navigate those relationships and gain respect from your more experienced peers.

Admit What You Don’t Know From the second you walk into that room as a young person with a title that gives you authority, almost everyone is going to be thinking the same thing: “Agh here we go again. Another young kid who doesn’t know anything about building buildings about to tell me how to do my job.”

So you’ve got to beat them to it. It could sound something like this: “Before we get started, I just want continued on page 66

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65

Gain Respect continued from page 65 to acknowledge how much I need to learn. I am not going to know everything, but I promise that I am a hard worker and a sponge who will do everything I can to learn every day while we work together.”

Then, show up every day for months and months and be exactly that person: the young, hard-worker who learns like crazy and shows deep respect for the experience around you.

Over time, the consistency with your words and actions will gain you a ton of respect. It won’t be easy, but it works so much better for gaining respect than pretending to be someone you’re not.

Seek Help

It takes more energy, but asking questions instead of telling people what to do demonstrates that you don’t know everything, are open to feedback and ultimately have an idea that you’d like to explore.

You’ll find it leads to much more healthy debate where everyone gets to share their opinion, which is really important for building allies. Plus, it shows you respect the experienced people around you and want to understand them. They usually have a pretty darn good reason why they’re doing what they’re doing, so you should be open to what it is.

Take Ownership of Mistakes No matter what you do, eventually you are going to Boston make a mistake.

And you better take full ownership Area continued on page 67 Locations

You need mentorship and guidance from your experienced team mates. And 2 Dexter Street you need their help and support Everett, MA 02149 Boston Area Boston Area to get projects done, make money Locations Locations and run a successful company, so 431 Second Street make sure you tell them that.

Everett, MA 02149 2 Dexter Street 2 Dexter Street

“I can’t promise I’ll always Everett, MA 02149 Everett, MA 02149 agree with you or won’t push back sometimes, but I can promise that 431 Second Street 431 Second Street I know I need your help and will Everett, MA 02149 Everett, MA 02149 go into every conversation with an BOSTON AREA LOCATIONS

open mind to whatever you have to 100 Fremont Street 2 Dexter Street 431 Second Street Worcester, MA 01603 say. Without you, we would never Everett, MA 02149 Everett, MA 02149 be able to do this.”

I think some people get worried this takes away credibility, but it doesn’t. It builds trust. Just make sure you truly mean it because otherwise you’re being manipulative, which will have the exact opposite effect.

Ask Questions

Minichiello Bros./Scrap-It, Inc., Minichiello Bros./Scrap-It, Inc. When you do have an idea or need help, make sure you are askServes 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 sellers and processors of scrap metal. For over 60 years has our remained ing questions, not telling people remained the same - to in provide the best along prices in thetop industry along with same - tohas provide the best prices the industry with notch what to do. So, instead ofthe“You top notch service!

Fred Rogers at 617-595-5505 customer service!

Callcustomer Fred Rogers at Call 617-595-5505 need to stop bidding on projects Minichiello Bros./Scrap-It, Inc.,

with [client X]. It’s hurting our Minichiello Bros./Scrap-It, Inc., whole team” try “Hey, Serves I noticed over 2500 customers a week and is one New England's largest buyers, when we work with [client X] they sellers and processors of scrap metal.

For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers the to same the best in theof industry along with notch sellers and prices processors scrap metal.

Fortop over 60 years our goal has remain end up being pretty rude our- to provide customer Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch project managers. Meanwhile, weservice! the

customer service!

Call Fred Rogers at 617-595-5505 haven’t done much work with [cli ent Y] and they seem to treat our people pretty well. What do you Turn your metal into money today! think about devoting more energy Turn your metal into money today! to bidding [client Y] and less to [cliMinichiello Bros. Inc./Scrap-It Inc. ent X]?”

Minichiello Bros. Inc.,/Scrap-It Inc.

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Turn your metal into money today!

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Gain Respect continued from page 66

Est. 1926

of it to anyone who will listen, especially the people you’ve been trying to build trust with all this time.

In the moment, your brain and heart will be screaming at you to find a way out of the blame and say that it wasn’t your fault. Resist that temptation.

Instead, do the exact opposite: “This is 100% on me.”

“I missed it.”

“I could have caught this.”

For a brief period, it will feel like the worst feeling in the world, but then, a day will go by. Then, two.

Then a week. And you’ll have experienced workers coming to you and saying, “Hey, I know you’re probably beating yourself up but it’s OK. We all mess up, but you owned it. That’s important. Now learn from it.”

What was an awful situation will turn into an incredible opportunity to prove everything you’ve been saying. So don’t hide from it, own your mistakes and gain more respect than you could ever imagine.

Written by Matt Verderamo, a consultant at Well Built Construction Consulting, a Baltimore-based firm that delivers strategic consulting, facilitation services and peer roundtables for construction executives. Opinions are the author’s own. n

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State of the Waters: Cape Cod 2023 Report

By Andrew Gottlieb, APCC Executive Director

O

ur fifth annual State of the Waters: Cape Cod report recently went live. Check it out at CapeCodWaters.org and see what the latest data tells us about water quality. Cape Cod continues to experience a significant number of coastal embayments and freshwater ponds with unacceptable water quality, while the quality of the Cape’s public water supplies, for the most part, remain excellent.

The Cape’s water quality woes are primarily due to excessive nutrients that adversely impact ground-

FEBRUARY, 2024

water, freshwater ponds, and coastal embayments.

The greatest source of nutrients comes from inadequately treated wastewater from septic systems.

Stormwater runoff and fertilizers are additional sources of nutrients impacting the Cape’s waterbodies.

This year’s report card shows that, despite a recent ramping up of efforts by some towns to reverse the impacts from decades of nutrient pollution in water bodies across the Cape, it’s still too early in most instances to see signs of improvement. continued on page 71

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69

Bioretention Soil? Who makes that?

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Stabilized stonedust? Who makes that?

CU-Structural soil? Who makes that?

Green roof soil? Who makes that?

Reinforced soil? Who makes that?

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FEBRUARY, 2024

Spotlight on Cape Cod continued from page 69 The number of embayments this year with acceptable water quality remained the same as last year at five embayments—only 10 percent of those graded. No embayments graded as unacceptable in the previous year improved to having acceptable water quality this year.

All embayments on Nantucket Sound had unacceptable water quality, as did all embayments in Buzzards Bay with the exception of Quissett Harbor.

Pleasant Bay and Nauset Estuary received unacceptable grades. Cape Cod Bay continued to have the largest number of embayments—four—with acceptable water quality.

Over one-third—37 percent—of all graded ponds were determined to have unacceptable water quality, which amounted to 52 of the 139 graded ponds. The percentage of ponds with unacceptable water quality has remained fairly consistent over the past five years.

Nineteen public water supplies received an “Excellent” water quality grade, meaning that they met all state and federal drinking water standards. Two public water suppliers, the Buzzards Bay Water District and the Sandwich Water District, were graded as having “Good” water quality, Although the report shows that Cape Cod’s coastal embayments and freshwater ponds continue

to have significant water quality problems, the report indicates there is reason to have some optimism about the future. The financial resources, regulatory requirements and local politics are all now, at long last, aligned and most towns are bringing water quality improvement projects to town voters very eager and ready to support investments in cleaner water.

The unprecedented number of projects coming before spring town meetings is a good sign that we will soon begin to see improving water quality. It is up to all of us to keep our towns focused on moving forward with water quality improvement projects and to show up at spring town meetings to vote yes on all the projects proposed for financing. n

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

M.B.S. Construction Services/Paving Holden Trap Rock Co. 2077 N. Main Street (Route 122 A) Holden, MA 01520 Tel: 508-829-5353 Fax: 508-829-9346

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

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11 Index Advertisers’ 21st Century Concrete, Inc.................................................................... 72 AAA Work Trucks.................................................................................. 29 Allegiance Trucks.................................................................................... 68 ATS Equipment, Inc. ................................................................................ 6 B2W............................................................................................................ 68 Badger Daylighting................................................................................. 16 Benevento Companies............................................................................ 62 Boro Sand & Stone Corp........................................................................ 15 Brennan Consulting................................................................................ 52 Dennis K. Burke, Inc............................................................................... 62 Concrete Systems, Inc....................................................Inside Back Cvr. Core & Main............................................................................................... 4 Cumberland Quarry Corp..................................................................... 46 Dagle Electrical Construction Corp.................................................... 24 Darmody, Merlino & Co., LLP.............................................................. 62 Dedham Recycled Gravel....................................................................... 48 DeSanctis Insurance Agency, Inc. ....................................................... 56 Dig Safe System, Inc................................................................................ 55 The Driscoll Agency................................................................................ 15 EJ................................................................................................................. 31 Eastpoint Lasers, LLC............................................................................. 59 T. L. Edwards, Inc.................................................................................... 59 Ferguson Waterworks............................................................................. 67 Genalco, Inc.............................................................................................. 58 L. Guerini Group, Inc............................................................................. 70 Henniker Directional Drilling, LLC.................................................... 17 Hinckley Allen LLP..........................................................................2 & 26 John Hoadley & Sons, Inc........................................................................ 9 Industrial Safety & Rescue..................................................................... 11 JESCO........................................................................................................ 64 Jolin Paving & Excavating Inc............................................................... 56 Klayman Public Insurance Adjusters.................................................. 52 P. A. Landers, Inc....................................................................................... 8 Lawrence-Lynch Corp............................................................................ 60 Lorusso Corp............................................................................................ 18 Lorusso Heavy Equipment, LLC........................................................... 30 Mass Broken Stone Company................................................................ 71 McGovern Ford of Framingham.......................................................... 47 Mersino Dewatering............................................................................... 28 Milton CAT..............................................................................Back Cover Milton Rents............................................................................................. 27 Monroe Tractor........................................................................................ 71 Norfolk Power Equipment, Inc............................................................. 46 North American Crane & Rigging LLC.............................................. 36 North East Shoring Equipment, LLC................................................... 12 Northwestern Mutual............................................................................. 46 Ocean State Oil........................................................................................ 70 Pawtucket Hot Mix Asphalt.................................................................. 13 Podgurski Corp........................................................................................ 68 E. J. Prescott, Inc................................................................ Ins. Front Cvr. Putnam Pipe............................................................................................. 19 Rain For Rent-New England.................................................................. 34 Read Custom Soils................................................................................... 70 Ritchie Bros. Auctioneers....................................................................... 14 Scituate Concrete Products Corp......................................................... 22 Scrap-It, Inc.............................................................................................. 66 Shea Concrete Products, Inc. ................................................................ 10 SITECH New England............................................................................ 20 Starkweather & Shepley Ins. Brokerage, Inc....................................... 42 Tonry Insurance Group, Inc.................................................................. 67 United Concrete Products..................................................................... 61 United Construction & Forestry, LLC................................................... 1 Webster Printing & Packaging.............................................................. 52 C. N. Wood Co., Inc. .............................................................................. 44 World Insurance Associates LLC......................................................... 54

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

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