Construction Outlook November 2020 by Ucane

NOV | 2020

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IN THIS ISSUE

5 President’s Message: Looking Toward the Future

7 Legislative Update:

• National Election Overshadows State Legislative Races, But All Politics Remain Local • Diversity in State Contracting Focus of Baker-Polito Administration Measure Elevating Supplier Diversity Office • BWSC: Annual Results of Testing Under the Lead and Copper Rule Now Available • DPU Opens Investigation to Assess the Future of Natural Gas in Massachusetts • Baker-Polito Administration Announces Grants to Prevent Pollution in Massachusetts Waterways

19 UCANE Interview:

Senator Eric Lesser (D-Longmeadow)

23 Legal Corner:

Massachusetts Superior Court Strikes Down Disincentive Provision in MassDOT Bridges Contract

27 A Message to Awarding Authorities from the Office of the MA Attorney General 29 UCANE Joins Sixth Annual “Imagine a Day Without Water” Campaign to Raise Awareness About the Value of Water 30 UCANE Member of the Month: C.C. Construction, Inc.

39 The Construction Firm’s Guide to PPP & EIDL Loans 49 Town of Foxborough Honors World War II Veterans 51 In Memoriam: Angelo D. “Chick” Paolini, Paolini Corp.

53 Safety Corner:

SAFETY (Noun): Freedom from Harm or Danger

57 UCANE Welcomes New Members 59 Get to Know Your UCANE Associate Members: Dedham Recycled Gravel

61 Treasurer Goldberg Announces Over $20.8 Million in Grants for 36 Municipal Water Projects 65 Spotlight on Cape Cod: More Than $9 Million in Water Protection Fund

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

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Looking Toward the Future In the past few months, there was a lot of focus and attention on the November election. As I mentioned last month in this space, although the race for President certainly took up most of our attention, there were several other federal and state offices on the ballot. But regardless of the changes at the federal and state level, UCANE will focus on what’s important: making sure our industry is healthy.

hile contractors work to complete jobs before the end of the year, UCANE is looking forward, and continues to work to assure that jobs will be put out to bid next year and for years to come. Letting our elected officials and leaders know about what we do, and the importance of having access to clean drinking water, the safe disposal of wastewater, and our underground utility infrastructure in general is a large part of UCANE’s core mission. Right now, our focus is at the federal level where we continue to advocate for agreement on a stimulus bill that will help cities and towns deal with the economic impact that the pandemic continues to have on municipal budgets. As has been said many times before, the pandemic has highlighted the importance of water and our underground infrastructure. UCANE works closely with the Clean Water Construction Coalition (CWCC), a group of 30 associations from across the country representing over 11,000 firms. The states represented in the Coalition account for about 75 percent of the total annual funding for the Clean Water and Drinking Water State Revolving Fund programs nationally. The CWCC is strongly advocating for not only a stimulus bill but also for a comprehensive infrastructure bill. While there is bipartisan agreement that both of these bills are important, Congress has yet to come to an agreement. These measures are far too critical to have partisan politics NOVEMBER, 2020

continue to hinder the health and economic wellbeing of our citizens. The CWCC will continue to push for the passage of these bills. The need for funding is certainly evident in Massachusetts. MassDEP recently solicited applications from municipalities and authorities to receive SRF funding for water infrastructure projects, and the response level was very high. This shows that DPW directors and town officials recognize the importance of these projects and that they need to move forward. However, as is always the case, the issue is funding. Without increased funding and incentives, these applications will stay exactly that: applications. Projects will not proceed and the cost to get the work done will only increase. UCANE continues to speak with legislators from all across the state to advocate for funding and to make sure drinking water, wastewater, and underground utility projects are a priority, and to advocate on behalf of contractors. We also work with Mass. Highway Association and local officials to try and find ways to make it easier for municipalities to approve projects. Solutions will only be found if federal, state, and local officials all work together. I’m sure that I am not alone when I say that I am looking forward to 2020 being over. But in order for 2021 and the years ahead to be prosperous ones, planning and action needs to happen now. n

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National Election Overshadows State Legislative Races, But All Politics Remain Local

hile the Nation was drawn sharply into two competing camps as the 2020 Presidential election came to a close, Massachusetts still had a bevy of state legislative races and ballot questions to focus on. At the State House, the primary focus was on whether Bay State Republicans, traditionally more liberal than their national counterparts, would get dragged down by a locally, unpopular incumbent President. It appears that the Democrat’s “blue wave,” while impactful in some areas, did not decimate the Republican ranks throughout the State House. In particular: Massachusetts Senate With most Senators running unopposed or with nominal opposition, focus quickly shifted to four specific Senate seats. On the South Shore, Cohasset Democrat Meg Wheeler put up a spirited contest, but appears to have lost to Senator Patrick O'Connor, a Weymouth Republican. In the northern part of central Massachusetts, Fitchburg Republican Senator Dean Tran appears to have succumbed to Lunenburg Democrat John Cronin. Democratic Senator Sue Moran, from Falmouth, who won a special election earlier this year, defeated Republican attorney, Jim McMahon. Finally, in the one-time Republican Senate district, encompassing Wayland through Attleboro, Democratic incumbent, Senator Becca Rausch was able to fend off Franklin Republican Matt Kelly, who was trying to regain the seat once held by former Senator Scott Brown. Assuming the Tran-Cronin race does not change, Senate Republicans will have lost one member, meaning Democrats will hold 37 of the chamber’s 40 seats with the total number of Republicans in the Senate at three. Massachusetts House of Representatives The departure of close to 15 House members, NOVEMBER, 2020

comprised of both Democrats and Republicans, and contested elections throughout in key swing districts made the Massachusetts House of Representative’s races the ones to watch. While the Democratic wave did not knock out more than one Republican incumbent, it did likely buoy a number of Democrat incumbents who had faced interesting challenges. Of note, Democratic Representatives Tram Nguyen of Andover, Kathy LaNatra of Kingston, Josh Cutler of Duxbury, and Dave Robertson of Tewksbury all held their seats. On the Republican side, House Minority Leader Brad Jones of North Reading, facing his first Democratic opponent in years, handily won while Republican Representatives Tim Whelan of Brewster, Lenny Mirra of West Newbury, James Kelcourse of Newburyport, Nick Boldyga of Southwick, and Mark Lombardo of Billerica also held their seats. In terms of upsets, only one Republican incumbent, Representative William Crocker lost when his four-year tenure was ended by Democrat Kip Diggs. While not defeating an incumbent, Republican Kelly Pease was able to take a seat formerly held by the Democrats. (i.e., Senator John Veilis former seat). Other notable races have led to the election of former State House staffers, including, but not limited to Meg Kilcoyne, Ted Phillips, Patricia Duffy, and Rob Consalvo, who will assume the seats previously held by Representative Hank Naughton, Representative Lou Kafka, Representative Aaron Vega, and Representative Angelo Scaccia, respectively. Overall, it appears as though Democrats will continue to hold 127 and Republicans 33 of the chamber’s 160 seats. Ballot questions While Question 1, the right to repair, received significant airtime throughout the Fall, Massachusetts continued on page 9

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Legislative Update continued from page 7 residents and businesses will soon find out whether it actually makes a difference for independent repair shops. The ballot initiative, which passed by a very comfortable margin, will now make a vehicle’s telematics and other information technology available to independent repair shops in their quest to distance themselves from vehicle manufacturers’ access requirements. Filed after the first ballot question did not produce its desired results, higher scrutiny will likely follow the implementation of the new ballot initiative. The Massachusetts legislature may seek to put its imprimatur on the new law during the 2021-2022 legislative session. The ranked choice ballot initiative, Question 2, was defeated by a tally of approximately 55% opposed to 45% in support. A popular initiative among progressive Democrats, the ranked choice ballot initiative was supported by United States Senators Elizabeth Warren and Ed Markey, among a host of progressive organizations. In recent weeks, the ballot initiative suffered when it was disclosed the initiative was largely funded by out-of-state interests and actively opposed by Governor Charlie Baker. The Massachusetts legislature begins the 20212022 legislative session on January 6, 2021. continued on page 11

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Legislative Update continued from page 9

Diversity in State Contracting Focus of BakerPolito Administration Measure Elevating Supplier Diversity Office

ccording to a press release issued by the Governor’s Office, the Baker-Polito Administration will be implementing a series of measures in state contracting to ensure equal opportunity and increase access for diverse companies. The lead part of the effort was the filing of Senate Bill 2937, “An Act to Elevate the Supplier Diversity Office to Ensure Equal Opportunity in State Contracting.” The bill elevates the existing Supplier Diversity Office (SDO) as a separate state agency with tools and resources to ensure accountability and compliance with diversity goals, oversee agency diversity spending, and audit and review spending data. Specifically, Senate Bill 2937 would establish the SDO as a separate state agency under the authority of the Massachusetts Executive Office for Administration and Finance. The SDO would oversee monitoring and reporting of agency diverse spending and the development of annual comprehensive diversity spending plans for agencies. The legislation also creates a Supplier Diversity Compliance Unit within the SDO, which will systematically audit and review direct and indirect spending data to ensure compliance and accuracy. The Baker-Polito Administration also announced it will implement several other improvements to grow supplier diversity. Going forward, the SDO annual report will separate indirect spending between state contractors and their diverse business partners by subcontracting and ancillary products and services and itemize minority-business-enterprise spending by race and ethnicity. The Baker-Polito Administra-

tion will also raise the threshold for the Small Business Purchasing Program from $150,000 for the total value of the contract to $250,000 per year, which will help increase preference and access for minority businesses, as many are small businesses. Finally, the SDO will align its supplier diversity program with a component of the Massachusetts Port Authority’s model by expanding the percentage of bid evaluation scores dedicated to the supplier diversity plan from 10% to 25%, for procurements above a certain threshold. Additionally, the SDO will work with state and private sector partners to translate existing materials into foreign languages to further accommodate diverse businesses seeking to do business with the Commonwealth. The focus on the Commonwealth’s diversity spending follows months of public spotlight on government and programs designed to help minority, women, and veteran-owned businesses. One of the issues that remains unaddressed by a slew of legislative and regulatory proposals is how to better develop the workforce pipeline for the construction industry. Despite a focus on developing the future manufacturing, computer science, and bio-pharmaceutical workforce, the future of the construction workforce remains in doubt. UCANE continues to advocate for a multi-tier, comprehensive workforce development plan that aims to educate and attract men and women into the construction industry. To review a copy of Senate Bill 2937, please visit: https://malegislature.gov/Bills/191/S2937. continued on page 13

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Legislative Update continued from page 11

BWSC: Annual Results of Testing Under the Lead and Copper Rule Now Available

he Boston Water & Sewer Commission (BWSC), in compliance with state and federal regulations, annually reports on results of collected tap water samples from residential properties that may have lead water services or copper services with lead solder. In the latest round of sampling, tap water samples taken from five properties exceeded the United States Environmental Protection Agency (EPA) and Massachusetts Department of Environmental Protection (MassDEP) action level for lead of 15 parts per billion. In accordance with the public notification requirements of the federal law, the BWSC proactively provides notification to its customers and the public. Working with the MassDEP, the BWSC will be conducting increased monitoring, providing public education materials to the public, as well as removing additional lead service lines in the distribution system. According to a press release issued by the BWSC, Boston’s water supply is provided by the Massachusetts Water Resources Authority (MWRA), which is lead-free when it leaves the reservoirs. Neither MWRA’s, nor the BWSC’s water distribution mains contain lead. However, lead can enter the drinking water when the water remains unused for long periods of time and water service pipes

NOVEMBER, 2020

and household plumbing containing lead dissolve lead into the water. As widely reported, excessive amounts of lead in the body can cause serious adverse health effects including damage to the brain, red blood cells, and kidneys. The greatest risk is to infants and young children, whose physical growth and mental development can be impaired by lead contamination. To its credit, the BWSC continues to work with all property owners and offers financial assistance toward lead removal through its Lead Replacement Incentive Program (LRIP). The LRIP provides owners with up to $2,000 towards the cost of removal of the private lead service lines. In keeping with regulatory requirements, the BWSC is also expanding its public education outreach campaign to advise all consumers of the dangers of lead in drinking water and the general environment and to inform them of the steps to take to avoid lead exposure. For more information about lead in drinking water and to find out how to test tap water for lead, Boston residents may contact the BWSC at the Lead Hotline at (617) 9897888 or (617) 989-7000. Individuals may also visit the BWSC’s website at www.bwsc.org.

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Legislative Update continued from page 13

DPU Opens Investigation to Assess the Future of Natural Gas in Massachusetts

he end of October saw the Massachusetts Department of Public Utilities (DPU) issue Order 20-80, which will begin to chart the future of natural gas in the Commonwealth. In opening an investigation into the role of local natural gas distribution, the DPU sets into motion the Baker-Polito Administration’s plan for net zero greenhouse gas (GHG) emissions as Massachusetts’ legal emissions limit for 2050. As part of the investigation, the DPU will assess the role of gas companies in ensuring a low-carbon future and explore strategies that enable the Commonwealth to achieve net zero greenhouse gas emissions while safeguarding ratepayer interests and securing safe, reliable, and affordable natural gas service. In short, Order 20-80 requires gas companies operating in Massachusetts to hire an independent consultant that will examine the various pathways for the companies to help the Commonwealth achieve a net zero future. The consultant’s work will build on the Baker-Polito Administration’s 2050 Decarbonization Roadmap and the 2030 Clean Energy and Climate Plan, which will identify consistent and actionable strategies for the energy industry in the Commonwealth’s path to reduce emissions. The 2050 Roadmap and the 2030 Clean Energy and Climate Plan are both expected to be released by the end of 2020.

Following the completion of a report by the independent consultant, each company will use the analysis and stakeholder input to develop its proposal and plan for helping the Commonwealth achieve its 2050 climate goal. The consultant report is due March 1, 2022. The DPU will use the investigation to create a framework that protects customers as the Commonwealth works to achieve its target of net zero emissions by 2050. The DPU’s Order comes after the Baker-Polito Administration issued its formal determination letter establishing net zero GHG emissions as the Commonwealth’s legal emissions limit for 2050. To determine how best to achieve this emissions limit, the Baker-Polito Administration launched its 2050 Roadmap, a planning effort that will chart multiple technical and policy pathways for cost-effectively achieving net zero emissions by 2050. Accordingly, the state’s 2050 Roadmap analysis will directly inform the state’s 2030 emissions limit, which will be set at the end of this year together with the publication of a second report, the 2030 Clean Energy and Climate Plan. To review the DPU order and subsequent comments throughout the process, please visit: https://eeaonline.eea.state. ma.us/DPU/Fileroom/dockets/bynumber (Docket No: 20-80).

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Baker-Polito Administration Announces Grants to Prevent Pollution in Massachusetts Waterways

ctober saw an announcement from the Baker-Polito Administration that more than $1.4 million in grants to support six projects targeting water pollution from stormwater runoff and erosion across the Commonwealth had been awarded. The grants, which utilize federal funding, will fund projects in Holland, Stoughton, Arlington, and Sutton, as well as in Essex, Franklin, Hampden, and Hampshire Counties. According to a MassDEP press release on the grant awards, four of the recommended projects will implement or demonstrate best management practices (BMPs) to mitigate the effects of polluted stormwater runoff, one project will carry out the regional coordinator initiative in Essex County, and one project will support an agricultural nonpoint source coordinator to work with farmers in the Connecticut, Deerfield, and Westfield River watersheds. The grant program focuses on implementation of measures to control nonpoint source (NPS) pollution to surface and groundwater. As explained by the MassDEP, NPS pollution is unregulated and comes from a variety of sources. NPS pollution is caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into lakes, rivers, wetlands, coastal waters, and ground waters. Common types of NPS pollution include phosphorus and nitrogen from lawn and garden fertilizers and agricultural operations, bacteria from pet waste and waterfowl, oil and grease from parking lots and roadways, and sediment from construction activities and soil erosion. The funded projects will help to protect Massachusetts’ water resources by restoring and preserving watershed areas, constructing BMPs, demonstrating innovative technologies, and educating the public on how to protect sensitive natural resources. Recipients include municipalities, NOVEMBER, 2020

regional planning agencies, and environmental organizations. Funding for the projects will be available in early 2021. The six grants awarded are: • Mystic River Watershed Association ($498,715). The project will install 50 smaller-scale infiltration trenches in three municipalities, offering cost-effective phosphorus reduction in a highly urbanized setting. • Town of Stoughton ($97,482). The project consists of design and construction of BMPs to reduce pollution from stormwater runoff discharging in the Steep Hill Brook watershed. • Manchaug Pond Foundation ($225,190). The project will implement a combination of structural and non-structural agricultural BMPs throughout the watershed located in Oxford, Sutton, and Douglas. • Merrimack Valley Planning Commission ($100,000). The project will support a Regional Nonpoint Source Coordinator in Essex County. • Town of Holland ($256,871). The project will address the runoff from Mountain Road and Sandy Beach Road that is affecting Hamilton Reservoir. • Massachusetts Association of Conservation Districts ($259,000). The project will support a Non-point Source Coordinator to work with farmers in the Connecticut, Deerfield, and Westfield River watersheds. With the addition of the federal fiscal year 2021 funding awarded under the grant programs, the Commonwealth and EPA have provided more than $20 million since 2007 for 116 projects to address NPS pollution across the state. Additional information about the non-point source pollution program, can be found at: https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality. n

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Senator Eric Lesser (D-Longmeadow)

Community has always been a priority for Senator Eric Lesser. Before he got elected in 2014 to serve the First Hampden & Hampshire District in the State Senate, he started as an aide to President Obama's 2008 campaign before becoming a Special Assistant to David Axelrod, who was a Senior Advisor. Later on, he was also the Director of Strategic Planning for the President's Council of Economic Advisors. When he left the Obama White House, he wanted to continue serving his community and district in the best way possible while also advocating for Western Massachusetts, so he made the decision to do so by running for state government.

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

It's important that we be able to maintain basic infrastructure for all of our residents, especially during this time; water and utilities are especially important in that they're necessary components to residents' safety. Nobody should be deprived of the ability to turn their lights on, keep their houses warm, have clean water to drink, and be able to properly dispose of waste – that, especially, is beneficial because clean water and sanitation means being able to better avoid exposure to diseases, and at large will benefit a community both in health and cost-savings.

As a Western Massachusetts legislator, what are the biggest challenges for your district and region with regard to continued economic recovery and future growth?

A lot of the challenges we as a region face go hand-in-hand. In the grand scheme of things, what we want is to be able to get people back to

NOVEMBER, 2020

work – but to do that, we have to be able to invest in them getting back to work, whether that's getting small businesses the help they need to get back on their feet, or funding those who have suffered significant loss during the pandemic. We have to make sure that people feel safe getting to work, and that means improving our transportation system to the point where people can commute quickly and safely. And most of all, I think what we need is equity between the people who are going back – it's not a big secret that there's been a divide in the economic opportunities in eastern and western Massachusetts. We need to have that equity between regions not only so that individual districts and regions can recover, but so that the state as a whole can recover and come back stronger than it's ever been.

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

It's important that every person has access to basic infrastructure, municipal services included. They're not a luxury that should only be afforded to the highest payers – they're a set of essentials that affect every second of every person's lives around the continued on page 21

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Interview continued from page 19 country. And to be able to support that, it's imperative that the state and federal governments be able to work together to bring that funding. The state is doing everything they can, but they don't have sufficient funding to be able to support every city and town needing to maintain their infrastructures, much less to be able to keep up when the rules of said infrastructures are constantly being updated. We need the federal government to be able to step up and give funding to major infrastructure projects in support of states around the country: it's only then that the goal can seem achievable.

Q: A:

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There's definitely been a lot of changes with the shift to remote work – while I do miss being able to meet with people face-to-face, videoconferencing tools like Zoom have definitely proved that people are able to work from wherever. And that's sort of given me more time to be able to spend time with my family and in the community rather than hunkering down in traffic on the Mass. Pike every morning and afternoon. So while I've had to change the way I work with people, it's also allowed me to connect more with people in every zip code. n

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NOVEMBER, 2020

Construction & Public Contracts Group, Hinckley Allen, LLP

Christopher Morog Partner

Robert T. Ferguson Partner

Massachusetts Superior Court Strikes Down Disincentive Provision in MassDOT Bridges Contract In an October 2020 summary judgment decision, the Massachusetts Superior Court upheld a general contractor’s challenge to the enforceability of a “disincentive” provision in a MassDOT construction contract. In addition to providing for liquidated damages, the contract stated that MassDOT “shall assess” a per day “disincentive deduction” in the event the contractor failed to achieve certain interim contractual milestones. After full briefing and a hearing, the Court concluded that MassDOT’s disincentive provision was an “unlawful penalty.” Hinckley Allen represents the general contractor.

he case arose out of a MassDOT contract for the replacement of four bridges in southeastern Massachusetts. The contract established interim milestones for completion of the bridges. In order to “encourage the contractor to use innovative methodologies and techniques to achieve early project completion and to achieve certain milestones,” the contract included an “Incentive/Disincentive Specification.” Simply stated, the provision rewarded early completion with potential bonus payments but subjected the contractor to “disincentive deductions” (up to a maximum of $600,000) for late completion of the milestones. The Incentive/Disincentive Specification made clear that it did not alter or otherwise affect the liquidated damages provision of the contract. Invoking the Incentive/Disincentive Specification, MassDOT had assessed $600,000 in disincentive deductions on grounds that the contractor did not timely complete one of the interim bridge milestones. However, the presence of PCBs and asbestos (which required remediation) and other factors had impacted the contractor’s performance time. Although the contractor had requested time extensions, MassDOT NOVEMBER, 2020

denied the contractor’s requests on grounds that the interim milestone was generally “not adjustable, regardless of fault or reason.” On summary judgment, the Superior Court noted that “[c]ontracting parties cannot lawfully employ compensatory damages as a means to punish or incentivize.” That is – unlike liquidated damages provisions designed to provide reasonable damages for delays that are difficult to estimate – contractual “penalties” are not enforceable. According to the Superior Court, “the Disincentive Deductions expressly aim – and operate continued on page 25

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Legal Corner continued from page 23

appeal. But at least for now, one Massachusetts court has – after careful analysis – concluded that disincentive language in a MassDOT contract is invalid on its face. n

– to deter [untimely performance], not compensate [for damages for delays].” And since the liquidated damages provision was drafted to cover “all” additional delay costs, MassDOT’s disincentive assessment could not also compensate MassDOT for delay costs. As a result, the Superior Court determined that “the Disincentive is simply a penalty for contract non-compliance, Call Your Nearest GENALCO Warehouse divorced from any anticipated For These Supplies HYDRAULIC damages estimate.” Stating that STROBE LIGHTS OIL WEATHER CAPS “[i]t follows that the DisincenAIR CLEANERS tive provision does not provide GREASE FITTINGS for liquidated damages and purHYDRAULIC HOSE ports to impose an unenforceEQUIPMENT PAINT able penalty,” the court declined to enforce the disincentive proviCUTTING EDGES sion.

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A Message to Awarding Authorities from the Office of the MA Attorney General

ll contracts by a state agency or state-assisted contracts for design, construction, reconstruction, installation, demolition, maintenance or repair must contain Workforce Participation Goals for minorities and women. This is required by M.G.L. c. 149, § 44A(2)(G). A “state-assisted contract” is a construction project undertaken by a political subdivision of the Commonwealth or two or more subdivisions thereof for planning, acquisition, design, construction, demolition, installation, repair or maintenance whose costs are paid for, reimbursed, grant funded, or otherwise supported, in whole or in part, by the Commonwealth. The Workforce Participation requirements are distinct from the Affirmative Marketing Program (AMP) which applies to design and construction projects undertaken by certain state agencies as well as state-funded municipal projects. The AMP only applies to vertical construction and sets goals for participation by entities owned by minorities and women (M/WBE). Workforce Participation Goals apply to both vertical and horizontal construction and refer to the makeup of the contractor’s workforce rather than the ownership of the business entity.

The Workforce Participation Goals are currently set at 6.9% for women and 15.3% for minorities. See, Administration & Finance Administrative Orders: https://www.mass.gov/ administrative-bulletin/equal-opportunity-andnon-discrimination-on-state-and-state-assisted An affected awarding authority’s bid documents must include a reference to the specific goals that will be contained in the contract. The contract must also include the processes and procedures to ensure compliance with the Workforce Participation Goals, including reporting and enforcement provisions. M.G.L. c. 149, § 44A(2)(G). Any interested party may bring a Bid Protest to the Bid Unit at the Attorney General’s Office if the required language is not included in the awarding authority’s bid documents and contracts. If the bid documents and contract do not comply with the Law, they will be subject to a ruling that they should be revised to include the required goals and processes. A re-bid of the project may also be ordered. Awarding authorities should ask their local counsel to draft sample language to include in bid documents and contracts consistent with State law and municipal ordinances. n

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UCANE Joins Sixth Annual “Imagine a Day Without Water” Campaign to Raise Awareness About the Value of Water On October 21, UCANE once again joined elected officials, water utilities, community leaders, educators, and businesses from across the country as part of the sixth Annual Imagine a Day Without Water, a nationwide day of education and advocacy about the value of water. Led by the Value of Water Campaign, a thousand organizations from across the country raised awareness about not taking water for granted and the crucial need for investment in our nation’s water systems.

urning on the tap for clean, safe drinking water, and flushing the toilet with no second thought about what happens to wastewater, are actions most Americans take for granted every day. But this year as our community dealt with the public health crisis from coronavirus, we saw that reliable water service is something we depend on to protect our health and our economy. Our nation’s water infrastructure is aging and in need of investment. A day without water service would be a public health and an economic disaster: a single nationwide day without water service would put our entire economy at risk. Investment in our drinking water and wastewater systems is a pathway to economic recovery. Renewing our aging infrastructure will create jobs, protect public health, and avoid massive costs that will come if we allow these systems to continue to deteriorate. UCANE joined Imagine a Day Without Water to draw attention to the continued $18 billion to $20 billion water infrastructure gap in Massachusetts. “We're thrilled that UCANE is once again a part of Imagine a Day Without Water. This national day of action educates our neighbors and public officials about the essential role water plays in all of our lives,” said Radhika Fox, CEO of the U.S. Water Alliance and Director of the Value of Water Campaign. “This year showed us the critical importance of water ser-

NOVEMBER, 2020

vice to safeguard public health and the economy. But the infrastructure and service it takes to bring water to our homes and businesses and take it away is not free and can’t be taken for granted. We all need to educate ourselves about where our water comes from and the investment these critical systems need.” Imagine a Day Without Water is an opportunity for diverse organizations, from environmental advocates to coffee shops, aquariums to car washes, city halls to water utilities, to talk about why water is important to them. Over the past five years, it has provided a platform for educating the public and advocating for leaders to prioritize investing in water today, so in the future no American will have to imagine a day without water. Learn more at imagineadaywithoutwater.org and follow the conversation on social media at #ValueWater. n

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C.C. Construction, Inc. has a Long History of Success in the Cape Cod Sitework and Utility Construction Marketplace Chris Cooney and his family business are keen competitors in both the private and public sectors.

Site development at future Middleboro DPW facility

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NOVEMBER, 2020

C.C. Construction, Inc. (CCC) has been digging holes on Cape Cod since 1983, when Chris Cooney and his wife Dyanne decided to start up their own construction business. Understandably the holes they dug in the early days weren’t too big or too deep. “Of course we started out small,” remembers Chris. “My first machine was a John Deere JD555 shovel-dozer, and I only had a small dump truck, one employee, and we rented a small empty lot to park the equipment.” But Dyanne and Chris pushed forward, worked long days and weekends, and it wasn’t long before volume picked up and a good reputation began to build. “We didn’t have our first office until 1988,” recalls Chris, “so Dyanne would answer calls at home from potential customers. I can remember many times shutting down the machine so I could answer her call on my bag-phone, and then running around just before dark to look at sites and prepare quotes.” During the 80s and 90s, Dyanne and Chris’s hard work began to pay off, as the company grew and became known as a dependable contractor doing mostly private work, small subdivisions, and septic systems. Most of the work was still on the Cape with occasional ventures off-Cape. By the mid 90s, C.C. Construction had seen steady growth along with an expanded fleet of equipment. During this period Chris made a decision to bid on more complicated and higher risk projects. “We were at a point then where we could bid on site projects with more aggressive completion schedules,” says Dyanne, “and it was during that period that we decided to bid some work on the islands.” According to Chris, working on Martha’s Vineyard and Nantucket not only had logistical challenges associated with working off shore, but also excavation challenges including high groundwater tables and sandy soils. “A lot of contractors weren’t interested in this high risk island work,” said Chris, “but after a learning curve we became pretty good at it.” It proved to be a good move by Chris and Dyanne, who have had a nearly continuous and major construction presence on both islands ever since. continued on page 32

NOVEMBER, 2020

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C.C. Construction continued from page 31

Expanding into Public Work While the early years saw CCC focusing on the private construction market, there were occasional small jobs that the company performed with local town DPW’s on the Cape. By the late 90s, the news on Cape Cod was dominated by water quality issues including lawsuits from the Conservation Law Foundation, pushing EPA and the Commonwealth toward dramatic levels of sewer and water investments on Cape Cod. Chris knew that getting more involved in the public construction market would be key to growing their business for the long term. “We have had some great private clients, and we still do, that were able to create multiple projects over the years,” said Chris, “but we all know that it is the public market that creates the steadiest flow of work year after year. Knowing this fact, and with all the talk back then of potentially billions of dollars flowing onto the Cape for public infrastructure, I knew we needed to be more invested in that market.” C.C. Construction’s first major public utility project was a water main project in the town of Falmouth in the early 90s. The $870,000 project involved 3,500 feet of 12inch main, 75 house services, and extensive traffic control. The project was completed successfully and since then the company has seen their public work volume steadily increasing. Over the last 10 years the company has performed multiple local sewer and water projects totaling over $50 million, under what is now known as the Cape Cod Section 208 Wastewater Management Plan. Expanding into the public market proved to be another good decision by the family business.

Chris, Dyanne, and Brian Cooney at their new 20,000SF headquarters in Plymouth, MA

Second Generation and Continued Growth Chris and Dyanne’s son Brian grew up in the family construction business. Starting literally in the trenches, Brian worked during high school and college summers learning what hard work was all about. After his graduation from Northeastern University in 2009, Brian started full-time with the company. He continued getting field experience, including proficient skills operating heavy equipment, before transitioning to Project Manager in 2012. Elevated to Vice President in 2017, Brian manages the company’s team of estimators and project managers and works alongside Chris and Dyanne in the day-to-day operation of the business. Brian’s increasing involvement allows Chris to concentrate on equipment purchases and deployment, and to lend his 40 years of experience to any field problems that might surface. As Treasurer of the corporation, Dyanne continues doing the majority of the daily cost control, accounting, and A/P functions that she began doing in 1983.

New sewers along Route 28 in Falmouth, MA

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NOVEMBER, 2020

Aerial view of the newly constructed C.C. Construction headquarters in Plymouth, MA

Polished trucks reflect C.C. Construction’s pride in their fleet

Brian’s full-time role with the company in 2009 also marked CCC’s first year as a member of the Utility Contractor’s Association of New England. It didn’t take long for Brian to get involved with Association business. He started by attending Government Relations Committee meetings and in 2014 was elected to the Board of Directors. Brian is currently Treasurer of UCANE and his contribution to the industry has had a positive impact, the same way it has had at CCC. Since joining the family business 11 years ago C.C. Construction’s annual revenues rose from $12 million to $24 million. The company currently employs approximately 60 people and typically has six to eight projects going at the same time during peak season. Brian is quick to suggest that he has only contributed in a small amount to the company’s recent growth. “My mother and father worked very hard to build this company and they are still here every day continuously showing all of us what it takes,” says Brian. “They also have been able to attract and maintain very talented and dedicated employees along the way. Without good employees, business success is impossible.” Chris agrees with Brian’s assessment, but adds with a wink, “I don’t think it’s just coincidental that we started ramping when Brian joined us after college. He has brought in some new ideas and although our styles might be different, we complement each other very well.”

struction maintaining 15 acres for its new office and yard. With impressive efficiency the company self-developed all of the lots, sold five to solid local businesses, constructed their new headquarters, and opened up the beautifully landscaped commercial park, all within two years. On a recent visit to the new headquarters at 11 Cantor Court, one sees a brand new building containing 5,000 SF of modern office space, a 10,000 SF garage area with eight bays for equipment repairs, and 5,000 SF of mechanic’s rooms and under-roof parts storage. Behind the building is a 10,000 gallon above ground fuel storage tank with temperature control capability and delineated areas for excavators, trucks, and support equipment. Neat piles of various aggregates dot the back yard with a large mobile screener humming away. Excavators, end dumps, and loaders were busy recycling surplus excavated materials from various projects into usable or saleable product. Despite the activity, all the paved areas looked like new as a sweeper with the CC logo circled the site. As Brian explained, “Our family has always taken great pride in keeping our jobsites, as well as our own equipment and facilities, clean and neat. We have reflected that in the extensive landscaping we installed along the park’s entrance road, including the underground sprinkler system that keeps it green.”

New Headquarters in Plymouth Increasing work volume usually requires increasing the distance you are willing to travel to secure work and such was the case for CCC. New projects were taking them off-Cape and at significant distances from their base in South Dennis. In 2017, the company bought 28 acres of land in Plymouth, formerly a gravel pit, with convenient access to Route 3. The Town of Plymouth approved the company’s plan for a seven lot commercial subdivision in 2018, with C.C. Con-

NOVEMBER, 2020

Difficult Nantucket Project No Match for C.C. Construction Among CCC’s current active projects is the North Liberty Street Sewer and Water Replacement, located on Nantucket Island. The project is part of the Cape Cod Section 208 Plan, funded by low interest SRF loans from the Commonwealth of Massachusetts Clean Water Trust, and continued on page 35

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NOVEMBER, 2020

C.C. Construction continued from page 33 administered by MassDEP. The project designer is Haley and Ward, Inc., of Maynard, MA. Site inspection services are being performed by Sarian Company, Inc., located in Sandwich, MA. The $4.1 million project was bid in April 2019, with a completion date projected for December 2020. The scope includes removal and replacement of about one mile of 8-inch and 12-inch water mains and the same amount of 8-inch and 10-inch gravity sewers. New services are being provided to approximately 150 homes and businesses along the route, in addition to extensive roadway restoration. The challenges of performing infrastructure work on Nantucket are many. The first of which is seasonal restrictions to working within public roadways. The picturesque island town that boasts of 82 miles of coastline, is only 14 miles long and about four miles wide, with a total area of 48 square miles. Although there are only about 17,000 year-round residents, the population swells to over 50,000 residents during the busy summer tourist season. “We know from experience that summers are off-limits for us over there,” says Brian. “So what may look like plenty of time to do the work is really a very compressed schedule. On this project we knew we were going to lose the summers of 2019 and 2020, but we didn’t expect to lose six weeks this Spring due to the COVID pandemic as well.” The streets in Nantucket are very narrow, with fences and shrubs abutting many roadways. Loading of trucks behind the excavator is the norm for much of the pipe work. Existing old utility records are scarce and encountering unknown pipes is a daily event. Working on the island in the cold New England winter is also far from ideal condicontinued on page 37

Pipe crew installing sewers on narrow Nantucket streets (January 2020)

A barge delivers gravel to C.C. Construction’s Nantucket Project

NOVEMBER, 2020

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NOVEMBER, 2020

C.C. Construction continued from page 35 tions, when dealing with water and sewer bypass systems and groundwater control. Getting crews, equipment, and materials over to the island presents another complication not found on mainland water and sewer projects. Although the Nantucket Steamship Authority runs passenger ferries on a limited schedule and can accommodate some bulk and commercial deliveries, CCC chooses large barges as the method of delivery for all equipment and materials. “It takes a lot of coordination on both ends of the trip to get pipe, manholes, stone, and everything else over here,” says Brian. “And even then the weather sometimes scuttles the entire plan.” Brian credits his suppliers, and fellow UCANE members - Acme Shorey Precast Co., Inc. (manholes), P.J. Keating Company (stone and gravel), and Cape Cod Winwater (pipe, fittings, castings) for working closely with CCC to get the needed materials delivered. Brian also adds, “Our own takeoffs need to be very accurate on everything imported to the island because it is not a simple matter of going for a short ride in a pickup to get a missing item!” To get their crews to the island, CCC flies them to and from work daily via planes operated by Cape Cod Airways, flying out of the Hyannis Airport. CCC also owns a house on the island set up for his employees if they choose to stay overnight, but most workers prefer to take the plane daily. “We totally understand that most of our people want to be home at night with their families,” says Chris Cooney, “and we fully support that and accommodate them.” After more than 25 years of experience working on Nantucket, C.C. Construction knows what it takes to plan and execute an off-shore project and they are doing it again with the North Liberty Street Area contract, which is running on-time and on budget.

30-foot excavation for new $35 million Town Hall in Plymouth, MA

Construction on a new water main through a busy intersection in Falmouth, MA

NOVEMBER, 2020

We are proud to count C.C. Construction, Inc. as an active UCANE member, and we wish the Cooney family continued success as they position themselves for the next generation. n

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NOVEMBER, 2020

The Construction Firm's Guide to PPP & EIDL Loans What you need to know about federal funding & protecting your business during the pandemic

ike millions of American business owners, you may have spent days, weeks or even months jumping through hoops to secure your company’s Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program loans. You’ve been successful in applying and have received funding; so now what? March 2020 (when the coronavirus pandemic began) seems so long ago, and while a lot has happened since then, we still know a lot less than we thought we would by now. Businesses need to be able to utilize the many benefits offered by the PPP and EIDL loans, but also be aware that misuse or ignorance of the agreement terms can lead to loss of benefits or even worse civil and criminal fraud issues. Most of what is currently in effect from the Small Business Administration (SBA) is being written and adapted as we go along. The initial rules remain but are continually being updated with interim rulings and new guidance from the United States Congress. There is a lot of speculation about what’s to come and “wait and see” happening.

Potential for Blanket Forgiveness At print time, there was talk that Congress may pass a plan for across-the-board loan forgiveness

NOVEMBER, 2020

for PPP loans under $150,000. Given that approximately 85% of all PPP loans are under this amount, if passed, the legislation will help lending banks, accountants, lawyers and business owners from having to deal with an avalanche of paperwork for loans that they ultimately don’t want to or have enough time to deal with. When you mix government-backed loans with uncertainty and continually changing interpretations, things get interesting very quickly. It seems we really will have to wait and see how this plays out, all the while keeping up with changes. A word of warning in case your company is a borrower of a PPP Loan under $150,000 that may be forgiven by an upcoming Congressional ruling, though—you still need to continue to abide by all of the rules and terms of the loan agreement as if the loan was not forgiven. The SBA still has the authority to audit your books and require you to adhere to the original terms you agreed to under the loan.

The Forgiveness Form If Congress does not pass forgiveness, there are things to know to maximize potential forgiveness when submitting the SBA Forgiveness Form 3508 (or if eligible, the short form, the 3508 EZ). Employers that did not lay off or lose any employees to resignacontinued on page 41

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PPP & EIDL Loans continued from page 39 tion and did not reduce their employees’ wages by 25% or more will likely be eligible for full forgiveness and are also able to use the 3508 EZ Form. If your company did lay off employees or reduce employee salaries, this will be calculated on Schedule A of the SBA Form 3508. It’s a good idea to hire an expert to help with these calculations as they are very complex, dependent upon interpretation. There are safe harbor provisions that accounting and legal experts will analyze to see if your company qualifies.

The Forgiveness Timeline

actual borrower can make the appeal. If you want representation, you will need to hire an attorney, as certified public accountants and enrolled agents are not allowed to represent borrowers. This is another great reason to follow the rules closely, keep excellent books and receipts, and hire an expert to assist you. If your PPP forgiveness application and appeal are denied, or if your company doesn’t use the funds for forgivable expenses, you will be required to repay your loan. The PPP loan is not a personally guaranteed loan, but in the loan agreement the SBA notes that it will pursue criminal charges if the loan proceeds are used fraudulently.

If the SBA rejectsBoston your application, you have the Area right to file an appeal, Locations which is more of an administrative review rather than a court case, and only the

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PPP & EIDL Loans continued from page 41 would deter other lenders from lending to the business until the federal priority is met and paid. Terms of the loans also state that lenders have 60 days to review loan forgiveness applications, mostly to check calculations and ensure appropriate documentation was provided. They then must submit the application to the SBA, which has 90 days to complete its review. The SBA has stated that all loans over $2 million will be reviewed for compliance with program requirements. Borrowers cannot change their business ownership or entity, such as adding or removing partners or merging with or acquiring other companies, without permission from the SBA and without risking default on the loan agreement. Increases in owner compensation or expenses—including bonuses—will be scrutinized so beware of making changes. Both PPP & EIDL loans funds deposits should be entered on your company books as separate loans. Over the 8- or 24-week period, (or longer for EIDL loans) record all relevant, approved expenses using the date, vendor or payee, amount, category (such as payroll, rent, interest, etc.), as well as the purpose of the transaction. In addition to paper copies, retain the receipts, particularly SBA-loan-related expenses, in

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a cloud-based backup. EIDL loan receipt expenses should be kept for 3 years after the disbursement of loan funds. For the PPP loan, at the end of the 8- or 24-week period, add up the category expenses and create a report that is to be attached to your loan forgiveness application. Make sure you don’t “double dip” and use the same expenses for both loans. Once the forgiveness has been approved, you can adjust the loan account to a “Non-Taxable Gains or Other Income” account in your chart of accounts. Any amount that is not forgiven will remain in the loan account until repaid. Loan agreement terms dictate that the SBA has the right to audit borrower books at any time, so make sure to keep current with monthly reconciliations and reports. It is a good idea for businesses is to use a payroll company to run payroll. This is more affordable than ever and helps avoid missed filing and deposit dates. The best companies will help with keeping up to date and compliant with PPP and EIDL requirements. This is valuable for existing SBA loan reporting, but also if there are new PPP or other future disaster-related loan or grant programs, as this important information will be instantly available. For companies that have SBA disaster loans from precontinued on page 45

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PPP & EIDL Loans continued from page 43 COVID-19, call the SBA to see if they are eligible for forgiveness or if there is other favorable negotiation of terms for these loans. To date, the U.S. Department of Justice has filed 39 PPP fraud cases, charging about 56 defendants. One of the cases involved purchasing a Lamborghini. Other cases used the loan funds to purchase vehicles, pay for their kids’ college tuition, buy boats and other toys or pay off mortgages. These fraud cases reinforce what not to do with your SBA loan funds. They should also put all borrowers on alert that the federal government will not play when it comes to fraudulent abuse of these loans. Reach out to your lender or call the SBA if you suspect that your business did not get the correct amount for your PPP loan, which is 2.5 times the average payroll costs per month. They will help you figure out how to correct this issue. It is far better to handle it immediately so that it doesn’t appear to be deliberate or fraudulent.

•

• •

ing, legal and consulting fees and advertising. Do not use your proceeds for the following: Payment of dividends, bonuses or payments to owners, partners, directors or stockholders (unless directly related to the performance of services for the benefit of the applicant) Repayment of stockholder or principal loans (except when the funds were applied on an emergency basis due to the disaster and nonrepayment would cause undue hardship to the stockholder or principal. Purchase of any new assets, such as land, buildings and equipment. Relocation is not allowed using EIDL funds. continued on page 47

Many cases exist where borrowers received more than they should have—an error some construction companies made was including subcontractor payments in their payroll calculations. Only W-2 employees’ wages should have been used in calculating payroll costs.

Dos & Don’ts of SBA Loan Proceeds Do use your proceeds for the following: •

To pay off what your company owes the IRS

•

To pay off revolving credit card debt for business expenses incurred prior to the disaster

•

To pay off extraordinary expenses that have created “needs outside of normal operations” and directly due to the disaster. This may include: hardware for increased remote work, extra cleaning services and supplies, storage to make additional space in the building for social distancing, account-

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PPP & EIDL Loans continued from page 45 •

Refinancing long-term debt (debt that has a repayment period over one year), such as paying off other SBA loans, including regular installment payments.

Other Financing Options The Main Street Lending Program (MSLP) hasn’t gotten much press, but Congress authorized the U.S. Treasury and Federal Reserve to release and administer through the Boston Federal Reserve a program to help small to midsize businesses. The Federal Reserve is releasing $2.3 trillion in addition to $454 billion from the Treasury to support these programs. These resources tend to be a better fit for companies that are not really in financial trouble and were doing well before COVID-19 and need help with inexpensive liquidity. Written by Jennifer Ginther. Reprinted from Construction Business Owner. n

Did You Know? The coronavirus pandemic has affected almost every business in the U.S. in some way, and government aid has proven to be a lifeline for some businesses. Here’s a few interesting statistics: • 5,212,128—Number of loans approved under the PPP program • $525,012,201,124—Amount of approved dollars under the PPP program • $100,729—Average PPP program loan size • 3,573,856—Number of approved EIDL loans • $188,022,021,024—Amount of approved dollars under the EIDL loan program

“Reach out to your lender or call the SBA if you suspect that your business did not get the correct amount for your PPP loan, which is 2.5 times the average payroll costs per month. They will help you figure out how to correct this issue. It is far better to handle it immediately so that it doesn’t appear to be deliberate or fraudulent.”

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Town of Foxborough Honors World War II Veterans

n October 20, 2020, the Town of Foxborough held a special ceremony to honor its hometown World War II veterans. A small parcel of town owned property was officially designated as World War II Memorial Corner. A maple tree was planted and a bronze plaque installed to memorialize the location and to honor past and present WWII veterans who called Foxborough their home. Four of the seven surviving veterans from Foxborough were present at the event; Charles Bridgham, United States Army Air Corp.; Joseph Serveiri, United States Marine Corp.; Josephine Miller, United States Marine Corp.; and Kenneth Gay, United States Army. Although their ages ranged from 95 to 99, the honorees in attendance stood as tall as they did in 1942, as the color guard from the Foxborough Fire Department marched in. The national anthem was sung by local artist Amanda Carr, who also performed a moving rendition of America the Beautiful at the closing of the ceremony. Veteran Services Director Ally Rodriguez introduced the veterans and thanked them for their service to our country. She stated, “I couldn’t think of a better tribute than to plant a tree in honor of their service, to show how much they are loved, appreciated, and honored. As the tree grows, so will the love and respect we have for our Veterans. Children will see the tree grow and ask questions about the plaque and therefore a new generation will grow to honor those who came before them. This memorial will be cherished for decades to come. Every time we drive by it, we will remember the sacrifices those heroes made.”

NOVEMBER, 2020

Speakers at the event included State Senator Paul Feeney, Representative Jay Barrows, Town Manager William Keegan, Jr., and Chair of the Board of Selectmen Mark Elfman. Keegan offered his appreciation to the veterans saying, “We are so fortunate to have amongst our community these servicemen and women who answered a call at a time when their contribution meant so much. This dedication today is a small token of our appreciation for their contribution to this community and to this country.” In order to comply with COVID-19 restrictions on outdoor gatherings, the dedication was reserved for family and close friends of the living WWII veterans. Although the crowd size may have been limited, the pride and respect felt by all the attendees towards these heroes of “The Greatest Generation” was boundless. n

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I n M emoriam A ngelo D. “Chick” Paolini Paolini Corp.

CANE is deeply saddened to announce the passing of Angelo “Chick” Paolini on October 5 2020 who, was a lifetime Newton resident. He was the beloved husband of the late Patricia "Nana Pat" L. (Merrill) Paolini, and the devoted father of Louise Paolini, Angelo "Danny" Paolini and his wife Paula, and Joseph T. Paolini. He was also the loving grandfather of Crystal, Sharon, Bobby, Joey, Danielle, Alex, Charlene, Chelsea, Angelo, and Aryel, and great-grandfather of Anthony, Ava, Vanessa, Kierra, Mason, J.T., Braylon, Weston, and Leo. He

was the dear brother of Joseph J. Paolini of Newton and the late Louise and Carolina Paolini. He is also survived by many nieces and nephews, and was a Veteran of the Korean War, U.S. Army. Chick founded Paolini Corp. in 1953. His sons went on to start their own companies, A.D. Paolini, LLC (Dan) and Pao Corp. (Joe). Chick was a highly respected member of UCANE and our industry. The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathies and sincerest condolences to the entire Paolini Family. n

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NOVEMBER, 2020

Patrick W. Saltmarsh Corporate Safety Director J. Derenzo Companies

SAFET Y (Noun): Freedom from Harm or Danger

“If you put good people in bad systems, you get bad results.” ~ Stephen Covey

s employers, we are obligated to provide and maintain a safe working environment for our employees. Whether it is excavating in the roadway for underground utilities or reviewing timesheets in the payroll department, employees must be operating in a work zone (or office) where their physical safety is cared for. At its core, workplace safety is a requirement that employers must identify and control known hazards in the workplace, and maintain those safety controls that will afford employees a mitigated level of risk. Perhaps the best we can do is agree that there is no whimsical state of “freedom from harm or danger,” as there is always a chance, a risk, that something will go wrong, no matter how small the incident may be. Therefore, the management of daily jobsite health and safety is a group effort and must be accomplished together. Employers cannot be held solely responsible for jobsite safety. Employees must also be mindful and safety conscious about their work environment and the conditions and manner in which they perform their work. For example, employers are required to provide the necessary training (i.e. roadway safety training, hoisting/rigging safety, Keolis RWP training, etc.) for their employees, however the employees should be held equally responsible to put into practice the lessons learned during his/her training, to help mitigate jobsite risks to their safety and well-being. Unfortunately, jobsite accidents are simply a reality and are a direct result of unsafe employee behavior and jobsite conditions, both of which must be conNOVEMBER, 2020

Hand digging was performed to locate and expose the buried utility, however there is too much reliance on the excavator to dig within the tolerance zone of the buried utility. Vacuum excavation would be the improved “control strategy” during this roadwork operation.

trolled by onsite foremen (supervisors). Foremen are responsible for the daily work plan, into which workers inter-react and perform the required tasks. Management of workers and their behaviors can prove to be difficult. Nonetheless, employees must be provided with information, and come to understand, that accidents are not an inevitable condition of the job, but are caused by unsafe employee behaviors. Accident prevention in construction is not just a matter of posting a list of jobsite rules, or performing daily safety inspections, although both of these do have their place. What is truly beneficial, is a control strategy, which works towards removcontinued on page 55

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Safety Corner continued from page 53 ing the reliance on the “human factor” and tackles the risk at its source. As an example, hand-digging (with a shovel) is required within 18 inches of either side of the marked location of buried utilities when looking to expose it and verify its exact location. An improved “control strategy” would be to remove the potential for a utility strike by utilizing vacuum excavation to locate and eliminate the risk of damaging underground utilities by means of conventional digging equipment.

Taking the time, and putting forth the effort of preplanning with job estimators, project managers, and field personnel, to identify safer methods, and/or equipment can make a significant difference to jobsite safety. Proper planning and improved jobsite controls, will have a direct effect on how safely the construction work is to be carried out. These types of controls, coupled with training on safe behavior, will repay any company by saving money on injuries, lost time and possibly even Burke Lubricants lives. n half-page ad 7-31-20.qxp_Dennis K Burke Inc 8/2/20

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Years of Excellence 1954-2020

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Asphalt Paving • Excavating / SiteDevelopment Development Asphalt Paving • Excavating • Site HotHot MixMix Asphalt / Cold Patch Asphalt Lawrence-Lynch Corp.

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NOVEMBER, 2020

Treasurer Goldberg Announces Over $20.8 Million in Grants for 36 Municipal Water Projects Funds Will Help Cities and Towns Pay for Improvements to Drinking Water and Wastewater Infrastructure Boston — State Treasurer Deborah Goldberg, Chair of the Massachusetts Clean Water Trust (Trust), announced more than $20.8 million in loan forgiveness was awarded for 36 projects in 26 communities across the Commonwealth. The loan forgiveness funds are administered on a competitive basis to cities, towns, and water utilities most in need of financial assistance to help pay for improvements to drinking water and wastewater infrastructure. "As Chair of the Clean Water Trust, I am pleased to work with the Baker-Polito Administration and MassDEP to provide these funds to local communities, which will protect the health of our citizens, create a cleaner environment and provide savings for the ratepayers," said Treasurer and Receiver General Deborah B. Goldberg. "This $20.8 million is another example of the excellent work the Trust does to save money for our local communities." The Trust improves the water quality in the Commonwealth through the provision of low-cost capital financing to cities, towns, and other eligible entities. Because of the reduction of loan principal funded by this program, impacted communities will see their biannual loan repayments reduced, freeing up capital for other local needs. The loans were originated to pay for municipal water projects such as upgrades to water treatment facilities, stormwater and nutrient mitigation, and sewer improvement projects. "MassDEP is pleased to partner with the Clean Water Trust and the Treasurer's Office to invest in maintaining critical water infrastructure across the Commonwealth, particularly in communities that are in economically distressed areas," said Massachusetts Department of Environmental Protection (MassDEP) Commissioner Martin Suuberg, who is a member of the Clean Water Trust's Board of Trustees. "This funding helps our communities protect public health and improve the environment for all of our citizens." The communities or water utilities that earned loan forgiveness are: Auburn Water District, Barnstable, Billerica, Bourne, Bridgewater, Brockton, Chicopee, Eastham, Fall River, Gloucester, Holyoke, Kingston, LawNOVEMBER, 2020

rence, Leominster, Lynn Water and Sewer Commission, New Bedford, Northampton, Peabody, Pepperell, Quincy, Revere, Saugus, Taunton, West Boylston Water District, West Springfield, and Winthrop. "The Baker-Polito Administration is proud to continue working closely with local communities to improve drinking water and strengthen wastewater management systems," said Secretary of Administration and Finance Michael J. Heffernan, who is also a member of the Clean Water Trust's Board of Trustees. "We are pleased to award over $20.8 million in funding to cities and towns across Massachusetts and support infrastructure investments that help ensure individuals and their families have access to safe, clean water." The $20.8 million in loan forgiveness funds is associated with a total original loan amount of more than $230 million. The Trust lends financial assistance to communities in the Commonwealth under the State Revolving Fund program, which offers subsidized loans to cities, towns, and water utilities to help protect and improve their water infrastructure. Chaired by Treasurer and Receiver General Deborah B. Goldberg, the Massachusetts Clean Water Trust is a state agency that improves water quality throughout the Commonwealth by providing low-interest loans to municipalities and other eligible entities. Since its establishment in 1989, the Trust has partnered with the Massachusetts Department of Environmental Protection (MassDEP) to help develop and finance approximately $7.6 billion of water infrastructure projects serving an estimate 97% of the residents of the Commonwealth. continued on page 62

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Grants continued from page 61 Massachusetts Clean Water Trust Final Affordability Loan Forgiveness for the Year 2019 Federal Grant

Massachusetts Clean Water Trust Final Affordability Loan Forgiveness for the Year 2019 Federal Grant

Subsidy Amount-Loan Forgiveness

Subsidy Amount – Loan Forgiveness

Clean Water Loan Forgiveness Amount

8,019,188

Clean Water Loan Forgiveness Amount $ 8,019,188 Schedule 1 – Clean Water SRF

Schedule 1 - Clean Water SRF Loan Number CWP-19-09 CWP-19-09-A CWP-19-07 CWP-19-34 CWP-19-34-A CWP-19-42 CWP-19-23 CWP-19-23-A CWP-19-37 CWP-19-44 CWP-19-04 CWP-19-04-A CWP-19-46 CWP-19-06 CWP-19-06-A CWP-19-26 CWP-19-27 CWP-19-38 CWP-19-28 CWP-19-29 CWP-19-39 CWP-19-30 CWP-19-31 CWP-19-53 CWP-19-53-A CWP-19-41 CWP-19-41-A CWP-19-05

SRF ID 4474 4474 4519 4507 4507 4485 4489 4489 4503 4506 4468 4468 4497 4511 4511 4517 4488 4501 4508 4515 4487 4514 4492 4518 4518 4513 4513 4479

Borrower Billerica Billerica Bourne Brockton Brockton Chicopee Fall River Fall River Gloucester Gloucester Holyoke Holyoke Kingston Lawrence Lawrence Leominster LWSC Northampton Quincy Quincy Revere Saugus Saugus Taunton Taunton West Springfield West Springfield Winthrop Total

Eligible Project Cost $ 10,245,472 $ 1,115,160 $ 4,660,410 $ 2,513,039 $ 369,500 $ 915,162 $ 3,231,950 $ 570,000 $ 1,771,598 $ 1,504,260 $ 8,051,397 $ 854,603 $ 19,602,409 $ 4,400,000 $ 570,000 $ 11,294,000 $ 11,117,687 $ 11,149,600 $ 3,500,875 $ 3,781,735 $ 4,022,849 $ 1,402,855 $ 536,940 $ 3,609,481 $ 684,000 $ 6,066,000 $ 745,000 $ 7,786,451 $ 126,072,433

Tier 1 1 1 3 3 3 3 3 1 1 3 3 1 3 3 2 3 1 2 2 3 2 2 3 3 2 2 2

Loan Forgiveness $ 338,101 $ 36,800 $ 153,794 $ 248,791 $ 36,581 $ 90,601 $ 319,963 $ 56,430 $ 58,463 $ 49,641 $ 797,088 $ 84,606 $ 646,879 $ 435,600 $ 56,430 $ 745,404 $ 1,100,651 $ 367,937 $ 231,058 $ 249,595 $ 398,262 $ 92,588 $ 35,438 $ 357,339 $ 67,716 $ 400,356 $ 49,170 $ 513,906 $ 8,019,188

Loan Forgiveness Percentage 3.3% 3.3% 3.3% 9.9% 9.9% 9.9% 9.9% 9.9% 3.3% 3.3% 9.9% 9.9% 3.3% 9.9% 9.9% 6.6% 9.9% 3.3% 6.6% 6.6% 9.9% 6.6% 6.6% 9.9% 9.9% 6.6% 6.6% 6.6%

continued on page 63

Darmody, Merlino & Co., LLP CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS

Serving The Construction Industry Since 1938 75 Federal Street, Boston, Massachusetts 02110-1997 OFFICE 617.426.7300 • FAX 617.426.2245 WWW.DARMODYMERLINO.COM

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NOVEMBER, 2020

Grants continued from page 62

Massachusetts Clean Water Trust Final Affordability Loan Forgiveness for the Year 2019 Federal Grant

Subsidy Amount-Loan Forgiveness

Subsidy Amount – Loan Forgiveness

Drinking Water Loan Forgiveness Amount

12,807,677

Drinking Water Loan Forgiveness Amount $ 12,807,677

Schedule 2 - Drinking Water SRF

Loan Number DWP-19-19 DWP-19-28 DWP-19-04 DWP-19-17 DWP-19-06 DWP-19-14 DWP-19-20 DWP-19-01 DWP-19-03 DWP-19-12 DWP-19-24 DWP-19-11 DWP-19-15 DWP-20-03 DWP-20-10 DWP-19-10 DWP-19-27

SRF ID 4565 4046 4464 4473 4467 4566 4577 4562 4594 4589 4597 4592 4593 4592 4593 4561 4587

Schedule 2 – Drinking Water SRF

Borrower Auburn Water District Barnstable Billerica Bridgewater Eastham Fall River Kingston Lawrence Lawrence Lawrence New Bedford Peabody Peabody Peabody Peabody Pepperell West Boylston Water District Total

An ARELLO COMPANY

Eligible Project Cost $ 1,870,000 $ 2,829,018 $ 9,974,561 $ 14,053,932 $ 10,538,250 $ 2,051,391 $ 8,312,583 $ 2,738,768 $ 6,014,161 $ 1,981,602 $ 2,054,488 $ 5,000,000 $ 10,000,000 $ 6,105,710 $ 10,729,061 $ 8,500,000 $ 1,549,777 $ 104,303,302

Tier 2 1 1 2 2 3 1 3 3 3 3 2 2 2 2 1 2

Loan Forgiveness $ 246,840 $ 186,715 $ 658,321 $ 1,855,119 $ 1,391,049 $ 408,227 $ 548,630 $ 545,015 $ 1,196,818 $ 394,339 $ 408,843 $ 660,000 $ 1,320,000 $ 805,954 $ 1,416,236 $ 561,000 $ 204,571 $ 12,807,677

Loan Forgiveness Percentage 13.2% 6.6% 6.6% 13.2% 13.2% 19.9% 6.6% 19.9% 19.9% 19.9% 19.9% 13.2% 13.2% 13.2% 13.2% 6.6% 13.2%

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NOVEMBER, 2020

More Than $9 Million in Water Protection Fund Though the coronavirus reduced the amount collected, more than $9 million is available in the Cape Cod and Islands Water Protection Fund. The fund’s management board approved unanimously how to distribute the money at its October 7 meeting.

“O

ne of the key points the board has wrestled with is the equitable distribution of funds and how to best distribute those funds,” Assistant Town Manager Peter Johnson-Staub told the Falmouth Select Board on Monday, October 19. Funds will be distributed as a subsidy in the form of principal forgiveness over a four-year period. This will be a grant rather than a loan. All projects funded in any given year will receive an equal percentage subsidy, Mr. Johnson-Staub said. Municipalities will not need to apply for a subsidy from the Cape Cod and Islands Water Protection Fund because projects will already have gone through the state’s application and review process. “It is a terrific benefit for everyone because it means municipalities do not have to go through a whole extra process for these already very complicated projects and send another application to another entity for a subsidy,” Mr. Johnson-Staub said. “They got dual consideration for both the state revolving fund and Cape and Islands fund just with their one submission to the state.” He said subsidies could be as high as 25 percent of the project cost. Implemented on July 1, 2019, the Cape Cod and Islands Water Protection Fund is funded by a 2.75 percent excise tax assessed on all lodging establishments on Cape Cod, including short-term rentals like Airbnb. Money collected can go toward water quality protection projects on Cape Cod. The fund was projected to collect $15 million an-

NOVEMER, 2020 SEPTEMBER, 2016

nually. The fund collected $9.1 million during its first year, $7.7 million of which was collected before the COVID-19 pandemic. “It is not a big surprise, given COVID, but from the pre-COVID results, it looks like that $15 million dollar forecast may well have been on track,” Mr. Johnson-Staub said. Even with the reduced amount, he described the fund as “a positive development on the wastewater front.” All 15 towns on Cape Cod are “wastewater management agencies” and are legally mandated to develop and build wastewater management systems to clean up nitrogen pollution. This fund provides an additional revenue source to do so. “Hopefully, those revenues will rebound, but even if they don’t, the worst case is we offer a lower percentage subsidy for some period of time,” Mr. Johnson-Staub said. “That is certain to rebound as we continued on page 66

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65 00

Spotlight on Cape Cod continued from page 65 work through the COVID pandemic.” Chairwoman Megan E. English Braga said there was a lot of buzz when the fund went into effect before the COVID-19 pandemic became the focal point for communities. “Seeing that half-year, that five-month projection, it does seem it was on target for that $15 million, but even that $9 million is $9 million that we wouldn’t have had to go toward some of these projects in the future,” Ms. English Braga said. Written by Brad Cole. Reprinted from the Falmouth Enterprise. n

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NOVEMBER, 2020

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

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

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

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

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

Employee Pocket Safety Manual Order Form

Company Name:_________________________________ Authorized By:______________________ Pocket Manuals w/ Signature Cards: Qty.__________________ x $3.25 Ea. = $________________ 55.00 Printing and Set Up Charge for Personalized Covers: $________________ Postage and Handling: Date:____________

❏ Company Logo Enclosed

❏ Company Logo to be mailed

10.00 $________________ Total: $________________ ❏ My check is enclosed

Employee Pocket Safety Manuals are available to UCANE members only. PAYMENT MUST ACCOMPANY ORDER. Utility Contractors’ Association of New England, Inc. • 300 Congress Street, Suite 101 • Quincy, MA 02169

E.H. Perkins Construction, Inc. & Subsidiaries P.O. Box 301, Wayland, MA 01778 (508) 358-6161 • (781) 890-6505

-PLANT LOCATIONSQUINN-PERKINS S & G CO. Burlington (781) 272-0200 PANDOLF-PERKINS CO. Sterling (978) 422-8812 • (800) 339-3389 KANE-PERKINS CO. Hudson (978) 562-3436 • (800) 287-3436 GRAVEL • SAND • STONE FILL AND LOAM BITUMINOUS CONCRETE (PAVING) READY-MIX CONCRETE PRECAST CONCRETE PRODUCTS

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Advertisers’ Index ATS Equipment, Inc. .............................................................26 American Shoring, Inc........................................ Ins. Back Cvr. B2W Software........................................................................25 Badger Daylighting................................................................20 BakerCorp..............................................................................50 Benevento Companies.......................................................... 11 Boro Sand & Stone Corp.........................................................9 Brennan Consulting...............................................................43 Dennis K. Burke, Inc..............................................................55 C&S Insurance Agency..........................................................28 Concrete Systems, Inc...........................................................42 Core & Main.............................................................................4 Cumberland Quarry Corp......................................................64 Dagle Electrical Construction Corp.......................................44 Darmody, Merlino & Co., LLP................................................62 Dedham Recycled Gravel......................................................21 DeSanctis Insurance Agency, Inc. ........................................60 Dig Safe System, Inc.............................................................47 The Driscoll Agency...............................................................13 Eastpoint Lasers, LLC...........................................................55 T. L. Edwards, Inc..................................................................27 Ferguson Waterworks............................................................54 Genalco, Inc...........................................................................25 Gorilla Hydraulic Breakers.....................................................57 L. Guerini Group, Inc..............................................................57 Hinckley Allen LLP.................................................................40 Hydrograss Technologies Inc................................................63 Industrial Safety & Rescue....................................................66 JESCO.....................................................................................9 P. J. Keating Company...........................................................22 Lawrence-Lynch Corp............................................................60 Lorusso Corp.........................................................................58 Lorusso Heavy Equipment, LLC............................................34 Mabbett & Associates, Inc.......................................................2 Mass Broken Stone Company...............................................66 Milton CAT...............................................................Back Cover NSI Contracting .....................................................................52 National Trench Safety..........................................................14 Norfolk Power Equipment, Inc...............................................21 North American Crane & Rigging LLC..................................24 North East Shoring Equipment, LLC.....................................58 Northwestern Mutual..............................................................43 Ocean State Oil......................................................................15 Palmer Paving Corporation....................................................56 Pawtucket Hot Mix Asphalt....................................................50 E. H. Perkins Construction Co., Inc.......................................68 Podgurski Corp......................................................................66 E. J. Prescott, Inc................................................Ins. Front Cvr. Putnam Pipe Corporation......................................................52 Rain For Rent-New England..................................................12 Read Custom Soils................................................................56 Reliable Equipment, LLC.......................................................46 Ritchie Bros. Auctioneers......................................................64 Rodman Ford Sales, Inc........................................................10 Schmidt Equipment, Inc...........................................................1 Scituate Concrete Products Corp............................................8 Scrap-It, Inc............................................................................ 41 Shea Concrete Products, Inc. ...............................................36 SITECH New England..............................................................6 Starkweather & Shepley Ins. Brokerage, Inc........................16 Taylor Oil Company...............................................................51 Tonry Insurance Group, Inc...................................................58 United Concrete Products.....................................................54 United Rentals Trench Safety................................................18 Watertown Ford Commercial.................................................45 Webster One Source.............................................................56 C. N. Wood Co., Inc. .............................................................38 Woodco Machinery, Inc.........................................................48

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NOVEMBER, 2020

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Call our Boston area location: 283 E Cherry Street Shrewsbury, MA 01545

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Construction Outlook November 2020

Articles inside

Spotlight on Cape Cod

Get to Know Your UCANE Associate Members

UCANE Welcomes New Members

Safety Corner

In Memoriam

UCANE Member of the Month

Legal Corner

A Message to Awarding Authorities from the Office of the MA Attorney General

Town of Foxborough Honors World War II Veterans

IN THIS ISSUE

UCANE Joins Sixth Annual “Imagine a Day Without Water” Campaign to Raise Awareness About the Value of Water