Construction Outlook October 2023

OCT | 2023

Wastewater Management on Cape Cod: A Brief History

UCANE Interview:

Representative Jonathan Zlotnik

Section 208 sewers being installed in Barnstable

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Years of Excellence 1954-2023

OCTOBER, 2023

IN THIS ISSUE

OFFICERS President RYAN McCOURT McCourt Construction Company

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

Treasurer CHRIS VALENTI

5 President’s Message:

UCANE Sets Milestones for Fall 2023

7 UCANE Appoints Joseph Nolan as New Executive Director 9 Legislative Update: • •

GVC Construction, Inc.

Secretary QUERINO PACELLA RJV Construction Corp.

BOARD OF DIRECTORS MARCELLA ALBANESE

• •

Legislature Reaches Tax Relief Accord; Delivers Governor Signature Initiative Healey-Driscoll Administration Awards Over $2 Million to Protect Coastal Water Quality Wage Theft Legislation Receives Public Hearing; UCANE and Other Organizations Raise Concerns News in Brief

25 UCANE Interview:

Albanese Brothers, Inc.

Representative Jonathan Zlotnik (D-Gardner)

VINCENT BARLETTA

29 Legal Corner:

Barletta Heavy Division

MIKE BISZKO, III Biszko Contracting Corp.

The Massachusetts Office of the Attorney General’s 2023 “Labor Day Report”

33 Public Works Pipeline:

CALVIN BRANDFORD

An Interview with John Haines, Director of Public Works, Town of East Bridgewater, MA

CHB Excavating

36 UCANE’s September Dinner Meeting 41 Court Approves City of Holyoke Settlement Addressing Pollution in Conneticut River 42 Wastewater Management on Cape Cod: A Brief History 53 Safety Corner:

CHRISTOPHER CLARK World Insurance Associates, LLC

JULIA D’ALLESSANDRO D’Allessandro Corp.

GEORGE DeFELICE DeFelice Corporation

JERRY GAGLIARDUCCI Gagliarducci Construction, Inc.

JOE GIOIOSO P. Gioioso & Sons, Inc.

JUSTIN GOODHEART J. F. White Contracting Co.

DAVID HAMILTON E. J. Prescott, Inc.

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

LISA FRENCH KELLEY W. L. French Excavating Corp.

JIM MADDEN All States Material Group

CHIP McDONALD

Ensuring Safety First: Comprehensive Fire Safety Measures on Construction Sites

59 Executive Order No. 618: Biodiversity Conservation in Massachusetts 61 Court Denies EPA’s Attempt to Dismiss CLF, CWRA Lawsuit on Stormwater Pollution 63 Insurance Perspective: 10 “Pollution” Lawsuits You Need to Worry About

65 Technology in Construction:

Making Your Next Technology Rollout a Success

67 Understanding Equity Compensation 71 UCANE Updated Employee Safety Manuals Now Available

ATS Equipment, Inc.

MIKE OTTAVIANO Jolin Paving & Excavating, Inc.

ROBBIE OUR Robert B. Our Co., Inc.

BRIAN RAWSTON Jay Cashman, Inc.

JOSEPH NOLAN Executive Director

Editor: Anne Klayman, Associate Editor Suzanne Hatch, Magazine Designer/Assistant Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan Construction Outlook Chair: Ryan McCourt Editorial Board: Ryan McCourt, Brian Cooney, Chris Valenti, & Querino Pacella CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; Email: 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.

UCANE Sets Milestones for Fall 2023 UCANE stands at the threshold of significant changes and accomplishments within our organization. We remain steadfast in our commitment to advancing clean water causes, advocating for essential construction funding, and upholding the principles of fairness and excellence in our industry. Here are some key highlights for this fall: A Fond Farewell to Jeff Mahoney: It is with deep appreciation and respect that we bid farewell to UCANE’s Executive Director, Jeff Mahoney. Jeff's dedication and advocacy have left an indelible mark during his tenure at UCANE. We extend our heartfelt thanks to him and wish him continued success as he takes up the role of Executive Director at Construction Industries of Massachusetts (CIM), succeeding John Pourbaix.

Welcoming Joseph Nolan as our New Executive Director: We are delighted to introduce Joseph Nolan as our new Executive Director. Joe brings a wealth of experience in heavy construction, political acumen, and a strong track record in both the public and private sectors. His extensive work at MassDOT and the MBTA, coupled with his role as Vice President and Director of Communications at City Point Partners (Engineering and Consultants in Boston), has provided Joe with a solid foundation to address UCANE's issues, and a deep familiarity with many of the agencies crucial to our industry. Joe's elected and appointed service in the Commonwealth equips him with the skills needed to lead UCANE and to effectively advocate for our member interests now and in the future.

OCTOBER, 2023

Save the Date: Anniversary Banquet November 4: Join us in celebrating UCANE’s 69th year as a thriving non-profit trade association, representing 250 contractors, equipment suppliers, and associates dedicated to clean drinking water, wastewater pollution control, and environmental resilience infrastructure projects across New England. Our Anniversary Banquet, set for November 4 at the Newton Marriott Hotel, promises to be a memorable occasion.

This event not only recognizes the outstanding achievements of our industry but also offers a glimpse into the exciting programs and member services we have in store for 2024 and beyond.

Please join us as we surprise our Contractor and Associate Member of the Year recipients, who were voted to this honor by their peers.

At UCANE, we remain resolute in our mission to serve our members and advocate for the betterment of our industry. Together, we look forward to a bright and promising future as we navigate these changes and continue our pursuit of excellence.

Thank you for your continued support and dedication to UCANE. n

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OCTOBER, 2023

UCANE Appoints Joseph Nolan as New Executive Director Quincy, MA 9/27/23 — The Utility Contractors’ Association of New England (UCANE) is pleased to announce the appointment of Joseph Nolan as its new Executive Director. Joseph, or Joe, assumed this vital leadership role in September of this year, succeeding Jeff Mahoney, who has moved on to take the helm at the Construction Industries of Massachusetts.

J

oe brings a wealth of experience and expertise in both the public and private sectors of the construction industry. In his public sector roles with the Commonwealth, Joe managed rail properties and associated projects at the Massachusetts Bay Transportation Authority (MBTA) and the Massachusetts Department of Transportation (MassDOT). He also played a pivotal role in crafting communication strategies and mitigating community impacts associated with major construction programs statewide. During this time, Joe effectively served as a municipal and legislative liaison for various agencies on numerous projects.

Over the past decade, Joe served as Director of Outreach and Vice President at City Point Partners, a Women's Business Enterprise (WBE) and Disadvantaged Business Enterprise (DBE) construction services firm headquartered in South Boston. In this capacity, he contributed significantly to City Point's growth and led a team of communication experts in supporting major construction initiatives, including the South Coast Rail, the Sumner Tunnel, and the recently completed Green Line Extension to Cambridge, Somerville, and Medford.

In addition to his extensive business and construction experience, Joe has had a notable political career in Massachusetts, serving in elected and appointed positions such as Road Commissioner, Selectman, and Chairman of the MetroWest Regional Transportation Authority, 495 Partnership, and various other boards and committees. His commitment to community involvement aligns seamlessly with UCANE's values, emphasizing the importance of consensus-building and support for neighborhood improvements.

UCANE President Ryan McCourt offered, “Joe's lifelong commitment to the construction industry, coupled with his political experience, makes him the ideal leader to guide UCANE into the future. Under

OCTOBER, 2023

"I am humbled to have been selected by the Board to serve as UCANE's next Executive Director. I look forward to being the strongest advocate for our members and associates on Beacon Hill while maintaining the high-quality member services UCANE has provided since 1954." his stewardship, UCANE will continue to champion clean water and sewer infrastructure projects, ensuring our members and associates are well-positioned for success in 2024 and beyond.”

Outside of his professional commitments, Joe is a proud Wayland, Massachusetts resident, and the father to three boys. He holds a degree in Political Science from Boston College and enjoys golf, fishing, and hockey in his leisure time.

Joe officially assumed his position at UCANE on September 18 and can be reached at JNolan@ ucane.com. n

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Legislature Reaches Tax Relief Accord; Delivers Governor Signature Initiative

T

he Massachusetts legislature reached an accord on a long-awaited tax relief package whose inception crossed over into the previous legislative session. With a nearly unanimous vote in both the House and the Senate, the Massachusetts legislature forwarded a tax relief proposal that would provide $561 million in relief in its first year and approximately $1 billion by 2027.

Governor Maura Healey, who worked with Speaker Ron Mariano and Senate President Karen Spilka in addressing different aspects of the bill as it proceeded through the legislature, will be able to lay partial claim to a variety of the initiatives enclosed with the final deal.

To that end, the compromise bill includes the following tax changes: • Child and Dependent Tax Credit. The bill increases the refundable tax credit for a dependent child, disabled adult, or senior from $180 to $310 per dependent in taxable year 2023, and then to $440 in taxable year 2024 and beyond, while eliminating the child/dependent cap.

• Estate Tax. The bill reduces the estate tax for all taxpayers and eliminates the tax for all estates under $2 million by allowing a uniform credit of $99,600.

• Earned Income Tax Credit (EITC). This bill increases the refundable Earned Income Tax Credit (EITC) from 30 percent to 40 per cent of the federal credit.

• Single Sales Factor Apportionment. Currently, most businesses in Massachusetts are subject to a three-factor apportionment based on location, payroll, and receipts. To support companies headquartered in Massachusetts, this bill establishes a single sales factor apportionment in the OCTOBER, 2023

•

Commonwealth based solely on receipts, matching what 39 other states currently do.

Senior Circuit Breaker Tax Credit. This bill doubles the refundable senior circuit breaker tax credit, which supports limited-income seniors facing high rents or real estate taxes, from $1,200 to $2,400.

•

Rental Deduction Cap. This bill increases the rental deduction cap from $3,000 to $4,000.

•

Short-Term Capital Gains Tax. The bill lowers the short-term capital gains tax rate to 8.5 percent. At 12 percent, Massachusetts is among the states with the highest short-term capital gains tax rate, and taxes short-term capital gains at a higher rate than long-term capital gains.

•

Housing Development Incentive Program (HDIP). The bill increases the statewide cap from $10 million to $57 million for 2023, and subsequently to $30 million annually, which will provide Gateway Cities with an expanded tool to develop market rate housing.

•

Low Income Housing Tax Credit. This bill raises the annual authorization from $40 million to $60 million.

•

Local Option Property Tax Exemption for Affordable Housing. This new policy will permit municipalities to adopt a local property tax exemption for affordable real estate that is rented by a person whose income is less than a certain level set by the community.

•

Title V Septic System Tax Credit. This bill will triple the maximum credit from $6,000 to $18,000 and increases the amount claimable to $4,000 per year. continued on page 11

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Legislative Update continued from page 9 Of additional note to UCANE members, the legislation makes public transit fares, as well as ferry and regional transit passes and bike commuter expenses, eligible for the commuter expense tax deduction. As well, the bill makes apprenticeship tax credit reforms by expanding the occupations for which this workforce development credit is available. Of note, the Secretary of the Executive Office of Labor and Workforce Development may now identify additional workforce groups as deemed critical to a regional labor market economy.

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In addition to tax relief, the bill updates Mass.

Gen. Laws Chapter 62F, which triggered nearly $3 billion in taxpayer refunds in 2022, to provide an equitable distribution of any excess revenue collected in the future over the law’s threshold. This one change may be challenged in court, but it appears that it is the only provision which may be potentially challenged.

To view a copy of the tax relief legislation, please visit: https://malegislature.gov/Bills/193/ H4104. continued on page 13

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Legislative Update continued from page 11

I

Healey-Driscoll Administration Awards Over $2 Million to Protect Coastal Water Quality

n an effort to further address coastal water quality, the Healey-Driscoll Administration announced in September that it had awarded $2.1 million in grants to support efforts to protect coastal water quality and habitat, develop comprehensive coastal habitat restoration plans, and implement priority restoration actions. The grants, provided by the Executive Office of Energy and Environmental Affairs’ (EEA) Office of Coastal Zone Management (CZM), were awarded to the Association to Preserve Cape Cod, Charles River Watershed Association, Falmouth, Kingston, Mattapoisett Land Trust, North and South Rivers Watershed Association, Salem Sound Coastwatch, Swansea, and Yarmouth.

The Coastal Habitat and Water Quality (CHWQ) grants fund projects to assess, intercept, and treat stormwater runoff, which is a leading source of water pollution. A priority of the grant program is to support implementation of green stormwater infrastructure, methods that replicate natural processes to trap and filter stormwater prior to reaching local

waterbodies. The CHWQ grants also support the development of comprehensive habitat restoration plans, as well as efforts to implement priority habitat restoration actions from previously approved plans. Habitat restoration helps to maintain critical environmental resources across coastal Massachusetts.

Among some of the projects that have been funded through this year’s Coastal Habitat and Water Quality Grants: • Association to Preserve Cape Cod (APCC) ($761,137). Permitting and final designs for green stormwater infrastructure options at four public boat ramps, and then to construct the options at two of these sites, which will treat nutrients and bacteria in runoff and improve water quality and recreational opportunities. This work involves several municipal, regional, and federal partners and builds on assessment work supported by previous CZM funding. continued on page 15

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Legislative Update continued from page 13 •

•

•

Charles River Watershed Association ($99,992). Funding to develop green stormwater infrastructure designs and a comprehensive habitat restoration plan for Cheesecake Brook, a tributary of the Charles River, in partnership with the City of Newton. The green infrastructure will be designed to treat nutrients and bacteria in stormwater entering the brook, and the habitat restoration plan will identify and prioritize restoration opportunities to improve habitat for diadromous fish.

Town of Falmouth ($40,000). Awarding funding to design green infrastructure to treat stormwater and reduce nutrients and bacteria in untreated runoff from Thomas B. Landers Road into the Coonamessett River, a critical diadromous fish run on Cape Cod. Town of Swansea ($99,900). Funding to conduct a stormwater assessment for the Compton’s Corner area of the Cole’s River watershed in partnership with the Southeastern Regional Planning and Economic Development District (SRPEDD) and Save the Bay. The assessment will consist of water quality sampling, stormwater trainings for municipal staff, and public engagement resulting

in conceptual designs for one stormwater Best Management Practice (BMP).

• Town of Yarmouth ($795,908). Funding to develop green stormwater infrastructure designs for five priority sites, resulting in the permitting and installation of two stormwater BMPs. This project, which builds on assessment work supported by previous CZM funding, will improve water quality for fish and wildlife habitat and reduce beach closures.

The Massachusetts Office of Coastal Zone Management (CZM) is the lead policy and planning agency on coastal and ocean issues within the Executive Office of Energy and Environmental Affairs. The agency’s work includes helping coastal communities address the challenges of storms, sea level rise, and other effects of climate change; working with state, regional, and federal partners to balance current and new uses of ocean waters while protecting ocean habitats and promoting sustainable economic development; and partnering with communities and other organizations to protect and restore coastal water quality and habitats.

To learn more about this grant program, please visit: https://www.mass.gov/info-details/coastal-habitat-and-water-quality-grants. continued on page 17

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Legislative Update continued from page 15

Wage Theft Legislation Receives Public Hearing; UCANE and Other Organizations Raise Concerns

W

ith legislative committee hearings now returning to full swing after the August recess, the Joint Committee on Labor and Workforce Development recently heard public testimony about so-called “wage theft” legislation that could have wide-ranging impacts on the construction industry, as well as many other industries. In particular, House Bill 1868 / Senate Bill 1158, An Act to Prevent Wage Theft and Promote Employer Accountability, would seek to make both the “lead company” and any associated companies jointly and severally liable for any violation of the wage law. The legislation is being supported by Governor Healey, Attorney General Andrea Campbell, and a variety of labor unions.

While no one condones the theft of wages through the non-payment or improper payment of wages, a wide variety of employer organizations, including UCANE, Construction Industries of Massachusetts(CIM), Associated Industries of Massachusetts (AIM), National Association of Industrial and Office Properties, Massachusetts (NAIOPMA), the Associated Subcontractors of Massachusetts (ASM), and others have raised con-

OCTOBER, 2023

cerns that the issue is one of enforcement and not the need for new laws. As written, the legislation would allow for the Attorney General to issue stop work orders for a maximum ten (10) day period while still requiring the employer to pay the employees, who are not able to work due to the stop work order. In addition, the legislation would essentially provide the rights of private action to relator groups who could sue in hopes of securing treble damages and attorney’s fees.

In testimony to the Committee, UCANE wrote: “The effects of this proposal on building developers and contractors, of all sizes, could be disastrous. Of particular concern, the proposed legislation attempts to insert “first in the nation” vicarious liability for the payment of wages when there currently exists numerous wage and employment statutes within the Commonwealth already. Again, the Attorney General has the authority to file a civil action for violations of labor laws under Mass. Gen. Laws ch. 149, §148. In addition, an employee/worker can receive treble damages and attorney fees for a successful claim under varicontinued on page 19

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Legislative Update continued from page 17 ous provisions of Mass. Gen. Laws ch. 149 and Mass.

Gen. Laws ch. 151. Simply put, various protections already exist in law and regulation. When enforced, the existing laws are effective. As UCANE has continued to assert, more financial resources are needed for the enforcement of the existing laws, not new laws.”

UCANE will be working with the other employer organizations to partner with the legislature on legislation that fairly tackles the issue of wage theft without penalizing innocent companies. To view a copy of the proposed wage theft legislation, please visit: https://malegislature. gov/Bills/193/H1868. continued on page 21

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Legislative Update continued from page 19

News in Brief •

•

Imagine a Day Without Water – October 19, 2023. The Value of Water Coalition’s “Imagine a Day Without Water” is a National Day of Action that brings together diverse participants to highlight how water is essential, invaluable, and in need of continuous investment. The 9th annual Imagine a Day Without Water campaign highlights how communities value and use existing water resources, as well as the importance of closing the investment gap, so that all of us have access to safe, affordable water. UCANE, as well as other Massachusetts based organizations, use the day to highlight the Commonwealth’s ongoing water infrastructure needs. Through social media, press releases, resolutions, and other forms of outreach, the event raises awareness about the importance of water and the need for good water infrastructure. To learn more about the campaign, please visit: https://imagineadaywithoutwater.org/.

Legislature Begins Veto Overrides. In approving the fiscal year 2023 budget, Governor Healey approved the vast majority of budget appropria-

tions and outside sections. As reported in the previous issue of Construction Outlook magazine and of note to UCANE members however, the Governor vetoed $1.5 million in appropriations to the Commonwealth Sewer Rate Relief Fund (CSRRF), as well as offered an amendment to the proposed quarry/pyrite licensing requirement. At the end of September, the House of Representatives passed an override on the Governor’s veto of the CSRRF and accepted her amendment to the quarry/pyrite licensing requirement, extending its effective date to July 1, 2024. The Senate is expected to offer its own override and amendment approval in early October.

•

August Employment Figures Rise. According to the Executive Office of Labor and Workforce Development, the state’s August total unemployment rate was 2.6 percent, up 0.1 percentage point from the revised July estimate of 2.5 percent. The Bureau of Labor Statistics (BLS) preliminary job estimates indicate Massachusetts gained 15,400 jobs in August. This follows July’s continued on page 23

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Legislative Update continued from page 21

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revised gain of 4,600 jobs. The largest over-themonth private sector job gains were in Education and Health Services, Leisure and Hospitality, and Other Services. Employment now stands at 3,788,700. Construction gained 1,000 jobs over-the-month; over-the-year, 7,900 have been added.

Salary Disclosure Bill Likely to Move This Fall. The Joint Committee on Labor & Workforce Development favorably released legislation to mandate that covered employers of 25 or more employees disclose a pay range for a particular position on posting, advertisement of that position, or when asked by the applicant or a current employee. The legislation would further require employers to disclose the pay range for promotions or transfers when offering a new position to an employee. In addition to providing a list of penalties for non-compliance, the legislation would require the Attorney General conduct a public awareness campaign to educate employers and employees alike. Finally, the legislation mandates the reporting of wage data on an annual basis for employers of 100 or more employees.

The legislation reflects a national trend towards

pay transparency; already eight states have laws similar to the one proposed. Both House and Senate leaders have expressed an interest in advancing the legislation. To review the most current version of the bill, please visit: https://malegislature.gov/Bills/193/H4100.

•

Executive Order to Improve Language Access. Governor Healey signed Executive Order #615 to increase language access across state government in September. The Executive Order aims to make the delivery of services and resources more accessible and equitable for residents with limited English proficiency, by requiring executive department agencies to develop Language Access Plans. The Executive Order directs executive department agencies to identify a Language Access Coordinator and develop a Language Access Plan. These plans should include assessments of the agency’s services for residents with limited English proficiency, the languages spoken by the people they serve, their current policies and practices regarding translations, and the capacity of their staff to deliver services in languages other than English.

The plans will also include specific actions and policy changes to reduce language access barriers. n

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OCTOBER, 2023

Representative Jonathan Zlotnik (D - Gardner)

Representative Zlotnik was born and raised in Gardner, Massachusetts.

His mother was a public school teacher and his father an electrician. After graduating from Gardner High in 2008, he went on to graduate from UMass Lowell in the spring of 2012 and was first elected to the House later that year in November. During college he worked from the summer of 2008 to the summer of 2010 as an intern in the office he now holds. That gave him an understanding of the role, how things worked, and what was possible in terms of what he could deliver for his community. Since then he has earned a Master of Public Administration from Clark University.

Q:

Please give us your thoughts on how the State will continue to provide local aid to cities and towns to help support basic municipal services, specifically water, wastewater, and underground utility infrastructure.

A:

Investments in infrastructure, especially involving water can quickly be out of reach for the small, rural communities I represent. I recently worked on a water infrastructure project in a town that cost almost as much as their entire annual budget. That is why it is crucial that the state support these investments. They are good for the long term success of these communities and can, in most instances, save money by avoiding more costly and more disruptive service interruptions. Programs like the Clean Water Trust, and MassWorks are therefore extremely important.

Q:

What are the greatest challenges for your district and region with regards to continued economic growth?

A:

For our region, the growing gap between the rural and urban parts of Massachusetts is one of the biggest challenges we face.

OCTOBER, 2023

It impacts every issue I deal with now, and will if I become Senator. To start, the House lost an entire western Mass district, and Senate districts all had to move eastward. That exacerbated the already lopsided nature of the balance of power along geographical lines. Traditionally, a lot of the economic development that we have seen in the State, and opportunity, tends towards 495 and 128. While there are good projects that have been completed or recently started in our area, there are a great many more opportunities. A strong leader is needed to advocate for Central Mass.

We are already preparing for this in Gardner, my hometown, and I am proud to be a part of that effort.

To meet these challenges head on, we need a Senator who can work with both chambers of the legislature, members of both parties, as well as local officials, and we will need to hit the ground running on day one.

Q:

The #InvestInWaterMA campaign, sponsored by UCANE, highlights the importance of water infrastructure to a wide variety of industries. Will you please share a sampling of some of the specific industries in your district that benefit from our investments in water infrastructure? continued on page 27

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A:

There are not too many industries that don’t benefit from investments in water infrastructure. My district makes cables, injection molded components, medical devices, biotech, furniture, boxes, and a whole range of other manufacturing. All use water in one stage of the process or another, some as a major component, not to mention the wide range of agricultural producers. Almost every economic development project I have worked on during the last decade that I have been in office has revolved around water and sewer infrastructure. It’s the first step on any project and especially important in rural areas.

Q:

What are some of your other legislative priorities or initiatives for this session?

A:

A major area of focus for me has and always will be public education; our schools, staff, and students alike. Hav-

ing served on the Education Committee, it was an honor for me to pass the Student Opportunity Act which ensures more equitable spending for our schools. But there is always more work to be done, such as with regional transportation, ensuring that universal school lunch continues, and alternative pathways to graduation. On the other hand, economic development continues to be a priority area.

The towns I have represented, as well as the ones I hope to represent in the Senate have properties that are difficult to redevelop, and can bring down whole areas. Several years ago the State created a new program called The Underutilized Properties Program (UPP). This has helped close gaps in projects and I have been able to bring back several awards from this program in just the first few years that it has existed. Using this program we have been able to make projects work to develop more housing and repurpose old buildings in a way that was feasible and fit into the community. In some cases, these properties had been eyesores for many years, decades even, and without UPP they most likely still would be. n

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The Massachusetts Office of the Attorney General’s 2023 “Labor Day Report” In September, the Massachusetts Office of the Attorney General (the “AGO”) released its eighth annual “Labor Day Report” detailing the Fair Labor Division’s ongoing efforts to “protect workers . . . from exploitation” during Fiscal Year 2023. The AGO reported total assessments in excess of $13.4 million in unpaid wages and penalties. As in prior years, the construction industry features prominently in the AGO’s report.

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n a press release announcing the report, the AGO stated that its Fair Labor Division has “doubled down on efforts to combat wage theft, particularly in the construction industry, where marginalized workers are disproportionately impacted.” The AGO reported assisting nearly 600 workers in the construction industry alone and announced restitution and penalty assessments of nearly $1.8 million affecting 125 construction employers. Cases involved independent contractor misclassification issues, prevailing wage law violations, failures to pay overtime, failures to provide paystubs, absence of earned sick time policies that comply with Massachusetts law, and failures to furnish certified or accurate payroll records.

Highlighting rights of immigrant workers, the AGO noted its earlier advisory (in May of 2023) “reminding the public that all workers, no matter their immigration status, are proOCTOBER, 2023

tected by the state’s labor and employment laws.” In addition, with respect to independent contractor misclassification, the AGO stated that “[i]nvestigating and citing employers for illegal misclassification of employees remains one of Fair Labor’s strategic enforcement priorities.” The AGO reported taking action against 29 employers in independent contractor misclassification cases for a total of more than $5.1 Million in restitution and continued on page 31

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Legal Corner continued from page 29 penalties impacting 1,350 workers. In total, more than 75% of the AGO’s total citations and penalties in Fiscal Year 2023 related to the transportation/delivery, construction, and restaurant/hotel industries.

The AGO’s annual Labor Day Report underscores the continuous need for contractors to dedicate careful time and attention to compliance issues. The spotlight continues to shine on the construction industry when it comes to government investigations and compliance.

Contractors must take proactive measures to ensure compliance with applicable requirements on a number of fronts, from general corporate hygiene issues, to worker health, safety, wage and hour issues, and employee training and discipline, to name a few. Contractors are urged to engage competent and experienced legal counsel to help navigate the numerous and varying types of compliance issues that contractors face in 2023 and beyond. n

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OCTOBER, 2023

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

I have been with the Town of East Bridgewater for the past 25 years. I graduated from the Stockbridge School of Agriculture in 1995 and the University of Massachusetts in 1997. I have served as East Bridgewater’s Tree Warden since 1999. In 2003 I was appointed Highway Superintendent and in 2007 became East Bridgewater’s first Director of Public Works.

Please provide us with a brief description of East Bridgewater regarding its population, area, responsibilities of the DPW, and some statistics on current infrastructure that your department maintains within the Town?

East Bridgewater is a community of nearly 15,000, often referred to as a growing community with a small-town feel. This can present both opportunity and challenges. Our DPW is responsible for the maintenance of nearly 100 miles of public roadway, 110 miles of water main, servicing 4,300 residential and commercial accounts. We oversee and maintain, nearly one million square feet of school and municipal building space, and over 50 acres of sports turf and public grounds. The municipal fleet maintenance division is under the DPW, as is the curbside solid waste collection program. Regarding sewers, only our municipal building and schools and some downtown businesses are connected to a small municipal sewer treatment plant. All OCTOBER, 2023

residences, and the majority of our commercial and retail businesses, are on private septic systems. Our annual operating budget for the DPW is just over $7.5 million for fiscal year 2024. That amount will fund our seven operating divisions, two of which are Enterprise Accounts, with a total staff of 27 full time employees. We are currently overseeing nearly $20 million in capital projects.

What do you see as the Town’s most pressing needs in regards to public works infrastructure in the next few years, and is there a 5-year Asset Management Plan in place to address those needs?

We face the same challenges as all our municipal partners face; an aging workforce that is proving very difficult to replace, rapidly rising labor and materials costs, and ever-increasing expectations of our services provided to our residents and customers. continued on page 35

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OCTOBER, 2023

Public Works Pipeline continued from page 33 We anticipate that the continued expansion of the federal and state regulatory requirements will continue to prove significant challenges as they relate to clean water and stormwater. But especially so in regards to drinking water, where PFAS is now a new problem because Massachusetts standards are much stricter than EPA standards. Having the strictest standards and regulations is likely to drain all available resources for the foreseeable future. This is occurring at the same time as much of the existing infrastructure is reaching the end of its usable life.

The DPW has several different software systems in place to help us manage our infrastructure assets. They include a three to five year Pavement Management System for our roadways, a 15year Water System Development Plan, and an ESRI Based GIS Asset Management and Work Order System.

How has East Bridgewater historically funded their infrastructure projects?

Does the Town utilize the SRF Loan Program through MassDEP for water or sewer projects?

East Bridgewater was fortunate to have a forward-thinking financial team that created a dedicated “Capital Project Stabilization Fund” that has allowed us to fund many of our capital infrastructure projects locally. At the same time, we used the historically low interest rates to maximize our retained earnings within our enterprise accounts to great benefit. We did utilize $14.2 million of SRF funding in 2009 to construct two green sand filtration plants and replace nearly 50,000 feet of water main.

a large sewer collection project that I’d anticipate will be of real interest to numerous UCANE contractors. We are hoping to solicit bids by the end of 2023 with construction scheduled for 2024.

Every DPW Director has a long “wish list” of projects that could benefit their community. What do you currently see as the most challenging issue in the public works industry that hinders Directors from getting more projects “out on the street?”

As I indicated during UCANE’s recent Panel Discussion, I believe procurement regulations, particularly with regard to pre-qualification, bonding, and DCAMM status hinder an already limited pool of contractors that can bid on our projects.

This can actually make the public bidding process far less competitive than it could be. Expedited project review and approval by some state agencies would also help cities and towns get their projects “out on the street” significantly sooner, which would prevent such backlogs of projects and reduce project costs due to inflation and escalations. n

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The availability of Federal and State funds for infrastructure projects is at an all-time high and looks to possibly continue that way for the next several years. Has the East Bridgewater DPW been able to access some of those funds, and will there be some projects bidding in 2024 that might interest UCANE contractors?

East Bridgewater has been extremely fortunate to have recently received significant state and federal grant funding of more than $8 million. Those funds are being used to facilitate OCTOBER, 2023

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UCANE’s September Dinner Meeting Sponsored by C. N. Wood Co., Inc.

Association Hosts Informative Panel Discussion with Industry Experts

“Moving Infrastructure Projects Forward in Today’s Economy”

U

CANE’s September Dinner Meeting was held at the Four Points Sheraton Hotel in Norwood, MA on September 13, 2023. The Social Hour prior to the dinner gave the 175 members and guests an opportunity to catch up on business or small-talk, while enjoying hors d’oeuvres and a cold beverage. Once again, the Four Points Sheraton Hotel provided our group with a sumptuous meal served by their first-class and very attentive waitstaff.

Following dinner, UCANE President Ryan McCourt welcomed attendees and then introduced Joseph Nolan, who, earlier in the day, was voted by the UCANE Board of Directors to become only the 5th Executive Director of our Association in its 69-year history. Ryan gave a quick review of Joe’s impressive resume, and then Joe addressed our members and gave brief remarks to the audience. He first thanked the Board for their confidence in him, and said that he was honored to have the opportunity to lead UCANE. He also stated that he was anxious to “hit the ground running” on Monday morning September 18.

Ryan then shared Association updates and industry news with the group, before introducing UCANEs lobby-

36

ist, Mark Molloy who would serve as moderator for our panel discussion.

At several recent Board of Directors meetings, UCANE Contractors and Associate members have had lengthy discussions on three industry concerns. These same three concerns not only affect UCANE members, but also our partners in this industry, namely the engineering community and the owners of public works projects.

1.

What seems to be holding up the roll-out of the projects funded by the bi-partisan and massive Federal Infrastructure Bill?

2. How is the industry addressing lingering supply chain issues and rampant inflation in a fair and equitable manner that will allow both the owner and the contractor to be protected in the bidding process?

3. What does each panelist feel is the most pressing issue that is complicating their operations and their normal role in the Design, Bid, Build process ?

Last month UCANE reached out to our contacts at the Boston Society of Civil Engineers (BSCE, Executive Director Abby Goodman) and our friends at the Norfolkcontinued on page 37

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OCTOBER, 2023

Dinner Meeting continued from page 36

Joseph Gioioso

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Bristol-Middlesex Highway Association (NBM, President Kevin Johnson) to discuss the potential for an industry panel discussion. Both Associations applauded the idea and each recruited two of their professional members to participate in the event.

An impressive panel, to be sure. All members of the panel are recognized leaders in their field, whether it be as a contractor, a consulting engineer, or as a Director of Public Works. Each panelist is active within their own professional associations and each is very familiar with the process involved in getting infrastructure projects funded, designed, and built.

All the panelists (as well as the peers they represent) have a vested interest in assuring that any impediments to getting infrastructure projects “out to bid” be recognized and resolved. After all, this “once in a generation” Infrastructure Bill is intended to 1.) Invest in and improve New England’s long-neglected infrastructure, 2.) Protect the environment for future generations, and 3.) Improve the quality of life for all citizens.

OCTOBER, 2023

Easton DPW

UCANE’s long-time lobbyist Mark Molloy of Cascade Strategies stepped in to serve as moderator for the evening.

Mark had provided our panel experts with some of the questions in advance of the meeting so that they could be prepared. The comments and insight provided by each of the panelists completely held the interest of the audience. There were ideas put forward on how to “work-around” some of the supply chain issues by specifying alternative products and still move jobs forward. Price volatility on certain products was discussed including options on how bidding documents might be written to allow both contractors and owners to be protected while moving bids forward. Manpower challenges are being seen across the construction, engineering, and public works sectors, and ideas were exchanged on how to address that important issue. The new concerns and regulations around PFAS was fast-tracking some projects, while delaying others. The new Buy America provisions for Iron and Steel products were challenging to everyone, and waiver requests were often difficult to get. continued on page 39

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Dinner Meeting continued from page 37

The panel discussion was a great opportunity to exchange information and ideas and very informative to the audience. Some bumps or impediments in the rollout of the infrastructure funding can be solved through mutual collaborative efforts like our panel discussion. Other issues are potentially larger bumps and will take more effort on behalf of all parties and some assistance from the federal government.

OCTOBER, 2023

The important take-away from the September Dinner Meeting was that the increase in funding provided through the Infrastructure Bill has a sunset and is not guaranteed to be around forever. Only through continued communication, open dialogue, the sharing of ideas, and by working together can contractors, engineers, and Public Works Owners realize the unique opportunity provided through the Infrastructure Bill. n

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OCTOBER, 2023

Court Approves City of Holyoke Settlement Addressing Pollution in Connecticut River For Immediate Release U.S. Attorney's Office, District of Massachusetts

BOSTON – A consent decree requiring the City of Holyoke to reduce future sewage discharges into the Connecticut River from sewer collection and stormwater systems has been approved in U.S. District Court.

T

he consent decree was the result of an enforcement action brought by the Department of Justice, on behalf of the U.S. Environmental Protection Agency and the Massachusetts Attorney General’s Office, on behalf of the Massachusetts Department of Environmental Protection.

As stated in the consent decree, Holyoke discharges pollutants from combined sewer overflows (CSOs) into the Connecticut River in violation of its federal and state wastewater discharge permits. In full cooperation with federal and state environmental agencies, the City has taken steps in recent years to address these discharges, including finalizing a CSO long term control plan and eliminating the Jackson Street CSO. The consent decree requires the City to undertake further sewer separation work that will eliminate or reduce additional CSO discharges.

Holyoke will also conduct sampling of its storm sewer discharges, work to remove illicit connections, and take other actions to reduce pollution from stormwater runoff.

The consent decree also includes a $50,000 penalty for past permit violations as a result of CSO discharges.

In 2019, at the request of the Department of Justice and the Massachusetts Attorney General, the court entered a partial consent decree whereby Holyoke agreed to develop a long-term plan for reducing sewer discharges. The consent decree approved by the court on Aug. 31, 2023 represents the parties’ final plan for Holyoke to reduce sewer discharges and supersedes the prior decree.

“Protecting our precious waterways from dangerous pollutants is a vital part of the Department’s work.

This consent decree will better ensure that Holyoke residents and every single community that enjoys the Connecticut River is safer,” said Acting United States Attorney Joshua S. Levy. “We commend Holyoke for their ongoing cooperation in developing this improvement plan and for their commitment to protecting the future of the Connecticut River moving forward.”

“The U.S. EPA is very pleased that the work

OCTOBER, 2023

called for under this settlement will achieve a cleaner and healthier environment for people living in and downstream from Holyoke. This work is especially important because Holyoke includes historically disadvantaged communities. It’s a significant priority for EPA to help ensure that all our citizens are able to enjoy a clean and healthy environment,” said EPA New England Regional Administrator David W. Cash.

“We are grateful to our federal partners for working with us to reach this settlement that will improve the water quality of the Connecticut River, and thus the overall health of Holyoke residents,” said Attorney General Andrea Joy Campbell. “My office is committed to creating healthier, safer communities across Massachusetts by fighting environmental injustices like contaminated water and we appreciate the City of Holyoke’s parallel commitment to these important efforts.”

Holyoke owns and operates a sewer collection system that services approximately 70% of the City, two-thirds of which carries both sewage and stormwater. Most of the time, the combined system transports all wastewater to the facility for treatment. However, during periods of heavy rain the wastewater volume can exceed the capacity of the sewer system or the treatment facility and the excess wastewater will discharge to the Connecticut River without treatment. CSO discharges contain raw sewage and are a major water pollution concern.

Acting U.S. Attorney Levy; Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division; EPA Regional Administrator Cash; Attorney General Campbell; and MassDEP Acting Commissioner Gary Moran made the announcement today. Assistant U.S. Attorney Brian M. LaMacchia of the Affirmative Civil Enforcement Unit; Assistant Attorney General I. Andrew Goldberg of Campbell’s Environmental Protection Division; Tonia Bandrowicz of EPA; and Henry Friedman of the Environmental Enforcement Section of the Department of Justice handled the matter. n

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Wastewater Management on Cape Cod A Brief History

The first Wastewater Treatment Facility on Cape Cod was built on Joint Base Cape Cod in the late 1930s ahead of World War II. It provided primary treatment only, and discharges went to rapid-infiltration sand beds until 1995.

42

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OCTOBER, 2023

USGS Topographical Map of Cape Cod

Background

Degradation of both saltwater embayments and inland ponds and streams caused (primarily) by failing septic systems and improper wastewater treatment has been a longstanding problem on Cape Cod. The first collection system with a treatment plant on Cape Cod was actually constructed by the Federal Government in the late 1930s on the Massachusetts Military Reservation (renamed the Joint Base Cape Cod in 2013). Joint Base Cape Cod contains 21,000 acres within the towns of Mashpee, Bourne, and Sandwich.

The plant provided primary treatment only and the effluent was discharged to rapidinfiltration disposal beds from 1936 to 1995.

That method of disposal was well recognized and accepted as standard practice throughout Cape Cod and the Commonwealth for many years. That process created groundwater contamination problems on the Base that are still being addressed 30 years later. Treatment facilities have since been brought up to modern standards and the facility will be playing an increased role in the management of wastewater for some upper Cape towns.

OCTOBER, 2023

The earliest municipal sewer collection systems on Cape Cod were built in the 1940s and only at a few downtown areas around active harbors where populations were somewhat dense. Sewage flows were directed to rudimentary treatment facilities that were commonplace at the time, many being just open sand filter beds, less sophisticated than the early sewer system on Joint Base Cape Cod. In the ’50s and ’60s population on the Cape boomed and sewer systems expanded somewhat, but little progress was made on technology for treating the growing volume of wastewater.

By 1970 less than 10% of the Cape Cod Population was connected to a sewer, and the few treatment facilities available on the Cape were only a few steps above an open sand filter. Residential wastewater disposal was handled onsite by 90% of property owners via backyard cesspools or basic septic systems. With pervious sand available almost everywhere that one dug a hole on Cape Cod, septic systems were cheap and wastewater disposal was only an incidental cost of living for most Cape Codders.

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continued on page 45

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Cape Cod continued from page 43

Arrival of the Clean Water Act One might consider the Federal Clean Water Act (CWA) of 1972 as the original document that put Cape Cod on notice that permanent solutions to the problem of wastewater disposal was now a Federal issue. In 1974, Massachusetts DEP (MassDEP) followed by issuing the first Title 5 Regulations, setting standards on how private septic systems were to be constructed in the Commonwealth. Both documents were intended to help curb the growing problems associated with improper wastewater management, particularly on Cape Cod, which fast became Massachusetts’s growing resort destination.

Section 208 of the 1972 CWA required that cities and towns submit written Comprehensive Wastewater Management Plans (CWMPs) to the EPA describing how they intended to manage their wastewater in order to comply with the Act and avoid pollution of public waterways. The Environmental Protection Agency (EPA) was the federal agency tasked with enforcing the terms of the CWA. They were to approve or reject these CWMPs, commonly referred to as “208 Plans”

submitted by local governments. The EPA was also to assist communities with technical advancement issues as needed to ensure that both the CWA and the 208 Plans would achieve the intended goals.

By 1974 all the new laws were in place to protect Cape Cod bays and their sole source aquifer and the Federal government, through the EPA, was willing to fund 90% of most project costs.

Slow Progress on Wastewater Solutions Cape Cod consists of 15 separate towns, and together they form Barnstable County. The Cape Cod Planning and Development Commission submitted the initial 208 Plan on behalf of Barnstable County in 1978.

But getting the 15 separately run Cape Cod Towns to begin implementing the Plan was extremely difficult due to some watersheds overlapping multiple town borders, high costs, and politics. Elected officials and various board members were changing every year delaying meaningful progress. Also, most taxpayers were not environmental experts, were slow to grasp the severity of the wastewater problem, and were frightened by the cost estimates to solve the issue. continued on page 47

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Cape Cod continued from page 45 With Federal Funds paying 90% of wastewater project costs in the ’70s and ’80s, a few towns on Cape Cod opted to build or expand their sewer system. During that same 20-year period the number of housing units on Cape Cod doubled from about 55,000 units to 115,000 units. The vast majority of those 60,000 units built in the ’70s and ’80s continued to utilize septic systems for waste disposal. In fairness, the septic systems being built during that period adhered to State Standard (Mass. Title 5). It would not be until about the year 2000 that septic systems were widely identified as being the principal cause for high levels of nitrogen that directly impacted coastal embayments and fresh water ponds as well.

Technology for sewer treatment in the ’70s and ’80s still lagged and Cape Cod contained only one secondary sewer treatment plant with Barnstable having completed one in 1980. With dramatic population growth, the addition of 40,000-50,000 on-site septic systems, and with only minimal advancements in the treatment process and in municipal sewers, it could be said that the Cape Cod peninsula actually moved backward in the wastewater management problem during that 20-year period.

Forward Progress Begins In 1990 Massachusetts legislation created the Cape Cod Commission with broader powers to manage and co-ordinate the efforts of the 15 towns on Cape Cod, hoping to improve efficiency in solving a growing wastewater problem. Through the ’90s and early 2000s the number and the power of Environmental groups also grew exponentially. One Boston based environmental group closely watching progress on the Cape was the Conservation Law Foundation (CLF). Discouraged at the lack of progress being made on the Wastewater Management issue, CLF filed a lawsuit in 2010 against the EPA for failure to enforce the 1972 Clean Water Act on Cape Cod. CLF also contended the Cape’s 208 Plan of 1978 was outdated and no longer valid. They demanded the 32-year-old Plan be revised and resubmitted by the Cape Cod Commission to consider technological advancements and to provide reasonable timelines for measuring progress.

CLF won the lawsuit in 2011 and over the next continued on page 49

Conventional Septic System

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Cape Cod continued from page 47

88973

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four years the Cape Cod Commission organized consultants and decision makers from all 15 towns, and held hundreds of meetings in order to update the old “208 Plan.” The new Plan outlines the legally required actions the Cape’s 15 towns must take to comply with the Court’s decision and to meet the requirements of the Clean Water Act. The Plan, with early cost estimates approaching $4 billion, was finally approved by MassDEP and the EPA in 2015. Construction activity on the Cape in regards to new and upgraded Wastewater Treatment Plants, sewer system expansions, alternative technologies, pilot projects, etc. has been visible and at an ever-increasing pace since 2016.

With the generous EPA Grants of the ’70s and

’80s having long-since expired, the 15 Cape Cod towns, and the 150,000 taxable property owners on Cape Cod, now search for elusive and competitive State and Federal Grants, rely mostly on low interest loans from the Massachusetts Clean Water Trust, and are shouldering a significant amount of Wastewater Management costs (as much as 50%) through increased local taxes and fees. Since the economic strength of each Cape Cod town can vary, some towns are proceeding with wastewater solutions at a faster pace than others.

Conservation Law Foundation Steps in Again In September of 2020, CLF formally notified MassDEP of their intent to file additional litigation. Despite some reasonable progress by some towns on Cape Cod to expand municipal sewer systems and to upgrade treatment facilities, high levels of nitrates in waterbodies and in embayments along the coastline were continuing to be found throughout much of the Cape. Biologists and researchers agreed that the cause of the excess nitrates overwhelmingly pointed to the 70% (105,000) of Cape Cod homes and businesses that were still utilizing private septic systems. By 2020 only four towns had an continued on page 51

Sewer expansion continues in Chatham. Chatham is 12 years into its 30 year plan

OCTOBER, 2023

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Cape Cod continued from page 49 operating wastewater treatment plant.

CLF contended that the defendants had knowledge of the dangers to water quality caused by private septic systems, had knowledge of new and improved technologies for septic systems, and knew that Massachusetts Title 5 regulations were outdated. By MassDEP’s failure to update the 1974 Title 5 regulations, and the Town’s issuance of permits to build or repair septic systems under those 1974 regulations, the defendants were negligent in their duty to protect the environment, in violation of the approved Section 208 plans, and endangering the Cape’s sole source water aquifer.

CLF asked the court for a temporary suspension of all permits to construct new or to repair existing conventional Title 5 septic systems, including during property transfers.

CLF and the defendants agreed to suspend the litigation after agreeing on a timeline for MassDEP to: 1. Produce a Cape Cod map designating Nitrogen Sensitive Areas and 2. Issue new Title 5 regulations governing the construction of septic systems that would include utilizing newest technologies available in order to reduce nitrate loading.

OCTOBER, 2023

Continuing the Battle for Clean Water In June of 2023, MassDEP issued the new Nitrogen Sensitive Map and the revised Title 5 regulations effective July 7, 2023. They both will have immediate impacts on Cape Cod properties and future implications on other areas in the state. Since funding for, and public acceptance of the new Title 5 regulations are still issues to overcome, noticeable improvements to water quality will not happen overnight. MassDEP and the EPA are allowing some Cape Cod Towns upwards of 30 more years to complete their Comprehensive Wastewater Management Plans.

But in the end, with new Title 5 regulations in place and new municipal sewers being installed steadily in a majority of Cape Cod towns, it appears that a permanent solution to Cape Cod’s coastal and inland water woes is on the horizon, albeit somewhat in the distant future. n

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

Companies

Ensuring Safety First: Comprehensive Fire Safety Measures on Construction Sites Construction sites are dynamic environments where creativity and innovation converge to shape our world. However, these hubs of activity are also prime locations for fire hazards due to the presence of flammable materials, heavy machinery, and complex processes. To protect lives, property, and investments, it is imperative to implement robust fire safety measures on construction sites. This essay delves into the multifaceted aspects of construction site fire safety, outlining the critical strategies, best practices, and preventative measures that must be integrated into every construction project.

Risk Assessment and Pre-Construction Planning Effective fire safety on construction sites begins with a thorough risk assessment. Before work begins, project managers, safety officers, and engineers must evaluate potential fire hazards and vulnerabilities unique to the site. Considerations should include the type of construction, materials involved, site layout, weather conditions, and proximity to residential areas or natural reserves. Identifying these risks early enables the development of a comprehensive fire prevention and response plan tailored to the specific project.

Fire-Resistant Building Materials The cornerstone of construction site fire safety is fire-resistant building materials. These materials are designed to withstand fire and slow its spread. They include fire-rated walls, doors, ceilings, and fireproof insulation. Incorporating these materials into construction enhances safety and minimizes property damage if a fire occurs.

OCTOBER, 2023

Fire Safety Plans and Protocols Construction sites must have well-defined fire safety plans and protocols in place. These plans outline evacuation procedures, fire alarm systems, emergency contacts, and the roles and responsibilities of workers in the event of a fire. Regular drills and training sessions ensure that all personnel are wellprepared to respond efficiently and safely. continued on page 55

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Safety Corner continued from page 53

Fire Detection and Suppression Systems Advanced fire detection and suppression systems are pivotal for early fire detection and containment. Smoke detectors, heat sensors, and automatic sprinkler systems can activate when a fire is detected, providing critical evacuation or fire control time.

Routine maintenance and testing of these systems are imperative to their effectiveness.

Safe Handling of Flammable Materials Construction projects often use flammable ma-

terials such as paints, solvents, and fuels. Proper storage, handling, and disposal of these materials are essential to prevent accidental fires. Designated storage areas with fire-resistant containers, clear labeling, and strict safety protocols minimize risks.

Electrical Safety Electrical systems are integral to construction sites, and faulty wiring or equipment can lead to electrical fires. Ensuring compliance with electrical codes, conducting regular inspections, promptly addressing electrical issues, and employing qualified electricians are vital for fire prevention.

Hot Work Safety Welding, cutting, and other hot work activities are common in construction but pose a high fire risk due to sparks and open flames. Implementing stringent safety protocols for hot work, including the provision of fireresistant barriers, fire watch personnel, and readily available fire extinguishers, can significantly reduce the risk of accidents.

Construction Site Security Securing construction sites outside of working hours is essential to deter arson, theft, and unauthorized access, all of which can lead to fires. Fencing, adequate lighting, surveillance cameras, and the presence of security personnel can help protect the site when it is unattended.

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Despite all preventive measures, emergencies can still occur. Construction sites must have well-prepared emergency response teams, clear communication channels for reporting fires, and easy access to nearby fire departments. Training workers and contractors on properly using fire extinguishers and other firefighting equipment is crucial. continued on page 57

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Safety Corner continued from page 55

Environmental Considerations Construction sites must also consider the environmental aspects of fire safety. Protecting nearby vegetation, natural habitats, and water sources from construction-related fires is essential to prevent ecological damage and potential legal consequences.

Compliance with Local Regulations and Standards Construction companies must stay informed and compliant with local, state, and national fire safety regulations and standards. These standards provide essential guidelines for safe construction practices and building codes prioritizing fire safety.

Communication and Collaboration

educate residents about fire safety measures and potential risks can foster understanding and cooperation. It can also help build trust and goodwill between the construction team and the surrounding community. Construction sites are hubs of innovation and progress but also present inherent fire safety challenges. Implementing robust fire safety measures on construction sites is not just a legal requirement but a moral imperative to protect lives, property, and investments. The construction industry can create safer environments where fire-related incidents are minimized by conducting comprehensive risk assessments, employing fire-resistant materials, establishing clear fire safetyArea protocols, and leveraging technological Boston innovations.

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EXECUTIVE ORDER Executive Order No. 618: Biodiversity Conservation in Massachusetts 09/21/2023 Governor Maura Healey

W

HEREAS, Massachusetts has nearly 3,000,000 acres of forest, 1,500 miles of coastline, 2,522 square miles of state ocean waters, a vast network of rivers, and critical wetlands including 45,000 acres of salt marsh; all of which provide habitat for a wide variety of plants, animals, and other organisms and which offer vital ecological, economic, and public health benefits to its people; WHEREAS, these living systems filter our air; clean our water; provide food security; provide economic opportunity; regulate climate by removing carbon from the atmosphere; provide resiliency against the worsening impacts of climate change like extreme weather events, heat, sea level rise, and flooding; provide recreational opportunities; and provide a range of other ecosystem services; WHEREAS, conserving biodiversity, the variety and abundance of all living things and their interactions, is essential to preserve and maintain these natural systems, for the enrichment of health, wellbeing, and quality of life of Massachusetts’s residents; WHEREAS, biodiversity is threatened by factors including, but not limited to, habitat loss and fragmentation, invasive species, emerging diseases, and pollution of our air, soil, oceans, and freshwater resources; WHEREAS, climate change is worsening these threats and creating new and ongoing threats that disrupt ecosystem services, exert stress on species and their habitats, and increase risk of species loss; WHEREAS, these threats have created a biodiversity crisis in Massachusetts; WHEREAS, the loss of biodiversity undermines valuable ecosystem services on which residents of Massachusetts rely; WHEREAS, Massachusetts has taken actions that promote biodiversity conservation, including: OCTOBER, OCTOBER, 2023 2023

MassWildlife’s State Wildlife Action Plan, 2015; MassWildlife’s Biodiversity Initiative; BioMap; the Natural and Working Lands conservation goals within the Massachusetts Clean Energy and Climate Plans; the Office of Coastal Zone Management’s Massachusetts Ocean Management Plan; and the Executive Office of Energy and Environmental Affairs’ Massachusetts State Hazard Mitigation and Climate Adaptation Plan, the Resilient Lands Initiative, the Healthy Soils Action Plan, and the Forests as Climate Solutions initiative; WHEREAS, despite advancement of these and other efforts, more than 400 species still remain on the endangered species list and Massachusetts continues to experience the loss and degradation of critical habitats; and WHEREAS, biodiversity conservation is a priority for the Healey-Driscoll Administration; NOW, THEREFORE, I, Maura T. Healey, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me by the Constitution, Part 2, c. 2, § I, Art. I, do hereby order as follows: Section 1. To support, complement, and advance Massachusetts’s biodiversity conservation efforts, the Commissioner of the Department of Fish and Game shall: 1. conduct a comprehensive review of the existing efforts of all executive department offices and agencies to support biodiversity conservation in Massachusetts; 2. recommend biodiversity conservation goals for 2030, 2040, and 2050 and strategies to meet those goals, including coastal and marine biodiversity conservation, to halt and reverse the loss of the variety of species and habitats of Massachusetts; and which may include policy and conservation investment targets related to land protection and concontinued on page 60

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Executive Order continued from page 59 nectivity, habitat and species status, anticipated shifts in distribution and abundance, and critical restoration activities; and

Section 3. Nothing in this Executive Order shall be construed to require action inconsistent with any applicable state or federal law.

3. update the Governor and Lieutenant Governor on this review and recommendations within 180 days of this Order.

Section 4. This Executive Order shall not be construed to create any cause of action or right to judicial review involving the compliance or noncompliance of any state agency, its officers or employees, or any other person with this Executive Order.

Section 2. All executive department offices and agencies shall support the Commissioner of the Department of Fish and Game in this comprehensive review of biodiversity conservation goals.

Section 5. This Executive Order shall take effect immediately and shall continue in effect until amended, superseded, or revoked by subsequent Executive Order. n

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Court denies EPA’s attempt to dismiss CLF, CRWA lawsuit on stormwater pollution BOSTON, MA––This week, a judge denied the U.S. Environmental Protection Agency’s (EPA) motion to dismiss a suit filed by Charles River Watershed Association (CRWA) and Conservation Law Foundation (CLF) that aims to hold EPA accountable for implementing stormwater runoff protections in the Charles, Mystic, and Neponset River watersheds. This announcement is a significant step towards fully realizing the shared goal of clean, fishable, swimmable urban rivers.

C

ton, as it puts EPA on the hook to issue draft perRWA and CLF filed the suit in November 2022 after EPA continually failed to regumits by September 2024,” says Heather Govern, late dangerous stormwater runoff in the Vice President of Clean Air and Water at ConCharles, Mystic, and Neponset rivers. The suit servation Law Foundation. seeks to curb stormwater pollution from comEPA announced almost a year ago that it mercial, industrial, and institutional properties, would exercise its authority under the Clean Wawhich have an outsized negative impact on river ter Act to require private properties with large health. Large impervious properties, including impervious surfaces to clean up their stormwabig box stores and malls, only make up 20% of ter pollution, but has yet to issue the requisite the Charles River watershed, yet are the source permits. The suit will now be paused until Sepof up to over 50% of the stormwater pollution. tember 2024 to give EPA the opportunity to issue “Stormwater pollution is one of the greatest those permits. n threats to urban rivers, including the Charles––polluted runoff degrades the river ecosystem and can cause rampant invaWater Works Specialist John Hoadl sive species growth, toxic cyaWater Works Specialist Tel:781-878-8098 Fax:781-878-5298 Water Works Spe nobacteria blooms, and even Tel:781-878-8098 Tel: 781-878-8098 Fax: 781-878-5298 fish kills. As climate change “Our Products the Most Trusted NamesNames in theinIndustry” brings increased precipitation “OurIndustry” Products Are the Most Trusted N “OurAre Products Are the Most Trusted the � U.S. Pipe ● Cultec and hotter temperatures � like U.S. Pipe ● Cultec Chambers � Mueller Fire Hydrants ● Nation • U.S. Pipe • Cultec Chambers those experienced this � month, Mueller Tapping Sleeves & Valves ● ADS P Mueller Fire & Plastics • Hydrants Mueller Fire Hydrants ● National •Pipe National Pipe�� &Smith Plastics Blair Clamps & Couplings ● Genera impacts are only exacerbated. � Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers • Mueller Tapping Sleeves & • &ADS Pipe & Chambers Mechanical Services This toxic runoff degrades � Tapping Sleeves & Gates Installed • Clamps Smith & Blair Clamps & Couplings • General Foundry Castings � ecoSmith Blair Couplings ● General Foundry Castings � Line Stop / EZ Valves systems and disrupts or entirely Mechanical Services � Cutting of Chilled Water Lines & Mechanical Services prevents our communities from � Pressure Testing & Disinfection o � Tapping Sleeves & Gates Installed / Cut � Installation & Testing of Backflow • Tapping Sleeves & Gates Installed / Cut being able to enjoy these other� Large Diameter Hydraulic Pipe C � Line Stop / EZ Valves • Line Stop / EZ Valves wise beautiful natural resourc� Hydrant Installation & Repair � Cutting ChilledWater WaterLines Lines&&Steam SteamLines Lines � Electronic Leak Detection • Cutting of of Chilled es,” says Zeus Smith, CRWA’s “Water-Sewer-Drain Supplies at a Com • Pressure Testing & Disinfection of New Mains � Pressure Testing & Disinfection of New Mains Policy Advocate. www.hoadleyandsons.com • Installation && Testing ofof Backflow � Installation Testing BackflowPreventers Preventers 24 24Hours Hours672 Union Street Rockland, MA “For years, we attempted • Large Diameter Hydraulic Pipe Cutting Sales& Service Sales & Service � Large Diameter Hydraulic Pipe Cutting collaboration with EPA, re• Hydrant Installation & Repair Serving ofof Servingallall � Hydrant Leak Installation & Repair questing that the Agency issue New • Electronic Detection NewEngland England � Electronic Leak Detection permits to help clean and re“Water-Sewer-Drain Supplies at Supplies a Competitive Price” Price” “Water-Sewer-Drain at a Competitive store the Charles, Mystic, and Neponset Rivers. This court dewww.hoadleyandsons.com www.hoadleyandsons.com cision is the victory we needed 672 Union Street MA Rockland, 672 Union Street Rockland, 02370MA 02370 for clean water in Greater Bos-

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Christopher Clark

World Insurance Associates, Inc.

10 “Pollution” Lawsuits You Need to Worry About Mishaps that could become YOUR very expensive problem as the contractor, architect, manufacturer, fill in the blank, and how to protect yourself, just in case.

T

he term “Pollution” as it pertains to insurance coverage, or more importantly, your involvement with a construction project, is at best complex.

Not only do you need to worry about lawsuits from your clients, but also the municipality, the state, future owners of the property and patrons of the property even years after project completion. Basically, anyone who incurs any type of contamination, injury, sickness, disease or even death from the construction of a building, water system, electrical system, landscaping, etc., can sue you.

In recent years we have seen settlements ranging from $200,000 on the low end to upwards of $10 million on everything from striking a sewer line and mold from shoddy roof waterproofing to legionella from water stagnation within improperly installed pipes and even uncontrolled dust on a jobsite. In many cases, the contractor did not have proper insurance coverage and those expenses were paid out of pocket. As if you didn’t have enough to worry about!

10 Pollution Exposures to Protect Yourself From There are obviously countless situations where things can go wrong down the road after you complete a successful project. Here are some of the most common claims and lawsuits we see today: 1. Water Pollution 2. Mold and Fungi 3. Legionnaires’ Disease OCTOBER, 2023

4. Indoor Air Quality 5. Asbestos 6. Soil Contamination 7. Unmanaged Dust 8. Spills During Transport 9. Striking Gas Lines or Tanks 10. Noise

So What Can You Do? You are probably already familiar with Contractors Pollution Liability coverage, but there are certain types of clauses you need to understand, plus additional specific coverages to consider depending on the type of work you do.

Contractors Pollution Liability (CPL) CPL provides protection for claims arising from pollution conditions resulting from the operations of the contractor or its subcontractors. This includes coverage for third-party bodily injury and property damage, defense costs, and cleanup.

Third-Party Injury. You may be thinking that your general liability policy covers third-party injuries and property damages. Well, it does, but most policies EXCLUDE injury or damage from the release of pollution. In other words, you likely have zero pollution coverage under the general liability policy. Also, your general liability policy does not cover pollution continued on page 64

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Insurance Perspective continued from page 63 clean-up costs or remediation.

Sudden and Gradual. An important characteristic to note about this type of insurance policy is the “sudden” and “gradual” pollution limits. Sudden pollution refers to the immediate release of pollution during business operations, such as mishaps during excavation and transport. Gradual pollution refers to the release of pollution over time, such as mold, legionella contamination, or site runoff into surrounding public areas. The latter may surface years in the future making it extra worrisome.

Site-Specific Pollution Liability This coverage is designed to cover claims arising from pollution releases on, under or emanating from a specific scheduled location, such as site redevelopment, property transactions, discovered pollution conditions, and more. This type of insurance is also known as Premises Pollution, Environmental Impairment Liability (EIL Insurance) and Pollution Legal Liability (PLL) insurance and typically provides coverage for bodily injury, property damage, and pollution clean-up costs.

Storage Tank Liability There is specific pollution insurance coverage for

both underground and above ground storage tanks that covers exposures like leaks, spills, explosions, and cleanup. In general, it provides protection for property damage that arises from those incidents and bodily injury sustained by third parties because of those incidents. It also covers legal defense fees for claims made against you, and probably most importantly, it covers first-party discovery, corrective action, and cleanup costs.

How Do I Protect My Unique Business?

The best way to determine the type of coverage you need is to consult with an advisor that specializes in construction insurance programs.

Your advisor should understand your specific business thoroughly and explain the various nuances between the coverages to ensure you have everything you need.

In a perfect world, contractors and subcontractors will produce perfect work, systems will run flawlessly, and everyone will live happily ever after. In the meantime, protect yourself with Contractors Pollution Liability Insurance coverages, just in case. n

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worldinsurance.com

OCTOBER, 2023

Greg Norris, B2W Software, Inc.

Making Your Next Technology Rollout a Success

Features and capabilities are not the only factors that determine successful adoption of new technology at construction companies. Having helped contractors implement new software for three decades, these are four steps we recommend for achieving expectations, getting buy-in across the organization, and avoiding common mistakes that slow down or derail technology initiatives.

Establish a Management Mandate and Communicate As a supplier, we sometimes run into situations when people working directly with us for the customer company are not fully aware of, or on board with, the vision and expectations of the owner or executives that invested in the technology. This is when we see a greater likelihood of confusion, pushback, and delays or threats to successful adoption. Similarly, companies struggle when one department or faction is pushing a technology adoption that is not understood or supported by senior management or the rest of the company.

Employees will almost always reject or resent being asked to do something additional or different when they don’t understand the reason or how their role is part of the bigger picture. That makes communicating clearly about the impact of both the implementation and the ongoing use of the new technology vital.

Keeping individuals directly involved with the implementation, along with anyone impacted, informed about the strategy, expectations, and overall benefits to the company is a key to getting buy-in that will move the project forward.

Include the Right People in the Implementation The titles and roles of the people a contractor OCTOBER, 2023

taps to lead a technology project will vary according to that company’s specific needs and capabilities.

This team, however, needs the authority to make decisions and access to the data to populate the new systems. Establishing a leader or a team that has the respect of the end users also goes a long way toward ensuring a successful rollout.

Delegating an implementation project exclusively to an IT expert or team is a mistake we see frequently.

IT considerations are important but, in many cases, they are relatively minimal and straightforward. Employees with operational responsibilities within the areas of the business impacted by the technology should always be included. They are the ones with the knowledge of business processes and challenges that continued on page 66

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65

Technology in Construction continued from page 65 the technology will address. They are also in the best position to tackle implementation issues like database design and software configuration that will ultimately determine how the technology meets their requirements.

Finally, assigning one person to lead the project and be the main point of contact with the technology supplier is a good idea. This may not work in every situation, but it has proven to be a great way to keep projects on track and ensure communication and coordination during the implementation.

Define Expectations and Refine Processes Before working together with a technology supplier on the actual implementation process, it’s critical to align expectations across the organization.

Everyone should know and agree on why the investment in technology was made, what problems the company is trying to solve, and the time and resource commitments required.

An internal review of processes impacted by the new technology should also be part of this pre-implementation step. A lot of contractors fall into the trap of believing that new technology will fix broken processes. Similarly, many try to make new technology simply support the way they always did things.

A better approach is to review and refine processes to take full advantage of the new technology.

Another common pitfall is to overreach at the beginning. Contractors can be overwhelmed by all the things a new technology could do and lose sight of what they actually need it to do. Setting and achieving realistic goals early on and then gradually adding features and capabilities over time is generally a better approach.

Follow a Structured Process Every technology deployment is different. Still, we have found it beneficial to start with a proven, 66

standardized implementation process that can then be customized to accommodate unique requirements.

We like to start with a project initiation, when the supplier and contractor jointly define requirements and expectations, as well as the roles, methodology and timeline for the project. We then define and design the implementation, build databases, and configure the software accordingly. Training, validation of the solution, and any necessary modifications are then followed by a go-live date when contractors operate the technology in a production environment.

Finally, we establish a plan and a relationship for ongoing support and success. This last step is important, as contractors will almost always make adjustments once they actually use the software. n

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Randolph

Plymouth

OCTOBER, 2023

Understanding Equity Compensation

The term equity compensation is a fancy way of saying that an employee receives some form of ownership (also known as equity) in their company as a part of their payment and benefits (i.e., the compensation package). Typically, this will be just one component of how an employer compensates an employee for his or her work — it can be included on top of salary, healthcare benefits, 401(k) match, and other perks.

I

f you receive any sort of stock or stock options from your employer, then you should make sure to understand precisely how this benefit works and how it fits into your unique financial situation. Some types of equity compensation may include, but are not limited to, the following: • Restricted Stock Units (RSUs) • Restricted Stock Awards (RSAs) • Employee Stock Purchase Plans (ESPPs) • Incentive Stock Options (ISOs) • Non-Qualified Stock Options (NQSOs or NSOs) • Employee Stock Options Receiving stock (or options to buy stock — more on that later) in your company can be much more complicated than receiving a paycheck. For starters, you cannot take your company stock and buy grocer-

OCTOBER, 2023

ies with it. You would have to sell it first. With this prospect, a number of questions arise: Is it even possible to sell my company’s stock? Should I sell it? If so, how much and when should it be sold?

Do the taxes work the same as with other stocks in my investment accounts?

As with so many questions in financial planning, the answer to these questions usually is: it depends.

One major factor is whether someone works for a company that is owned privately (not actively traded on the open market) or publicly (i.e., traded on a major stock exchange — think Apple, Google, etc.). Private companies often have very limited opportunities, if any, for employees to sell their shares, especially in the near-term. Public companies allow continued on page 68

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Equity Compensation continued from page 67 greater flexibility for employees, but there still may be resale restrictions depending on the type of equity one receives, vesting requirements, your position in the company, and other restrictions outlined in the plan document and grant agreements.

Assuming that someone is fully vested in their employer stock and has a market to sell the shares, they should consider if or how much to sell. The risk of not selling any shares is possibly accumulating an investment portfolio where funds are highly concentrated in one company. While an employee-owner may have a strong outlook for the company, this concentration poses a risk nonetheless. In the worstcase-scenario, an individual’s company goes out of business. In that situation the employee-owner not only would lose their job, but they would also lose their investment savings (those savings in company stock) that were meant to go toward funding retirement, traveling the world, paying for a child’s college expenses, or buying a new home.

Being proactive and making a plan for your company stock will allow you to take advantage of your company’s equity compensation plan while reducing the risk of having too much of your savings in one company.

Planning ahead will also help a you know what to

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expect on taxes and potentially reduce your overall tax bill.

Incentive Stock Options and NonQualified Stock Options Did you know that there is different tax treatment depending on whether you exercise Incentive Stock Options (ISOs) versus Non-Qualified Stock Options (NQSOs or NSOs)?

Further, if one exercises ISOs and later sells the stock, there can be different tax consequences depending on the timeline of when the stock options were granted, when the options were exercised, and when the shares were sold. Importantly, if one exercises ISOs, they may owe income tax even if they do not sell the stock and did not receive any cash inflows! This income recognition is incurred under the rules of the Alternative Minimum Tax (AMT) system.

For example, one individual we worked with exercised enough ISOs to increase his company stock ownership by several hundred thousand dollars on top of the $1 million or more that he already held. This was a publicly traded company and the ISOs were exercised in the beginning of the calendar year when the stock price was very high relative to the exercise price continued on page 69

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OCTOBER, 2023

Equity Compensation continued from page 68 of the options (i.e., what the ISO holder pays to acquire actual shares of the company). This large spread (between the stock price at exercise and the exercise price itself) would be subject to taxation under the Alternative Minimum Tax if the shares were held through the end of the year. We helped this client understand the different tax treatment of two courses of action: • holding the shares long enough to meet the holding period requirement for capital gains tax treatment — this would have incurred a higher tax bill on the AMT component but also gets favorable tax treatment (capital gains) on the gain at sale later on; or • selling the shares during the same calendar year in which they were exercised — this is a “disqualifying disposition” which means you are subject to ordinary income tax on the gain at sale but it also reduces the AMT component if (and this is a very important “if”) the stock price has decreased since the options were exercised.

The tax bills resulting from the two paths above can have a difference amounting to tens of thousands of dollars or more. Further, there is the subject of liquidity to consider in each of the two paths. Course A (holding the shares longer) led to incurring a tax liability before the shares were sold, meaning this individual needed to have enough cash on hand to pay the tax bill. Course B involved selling the shares, meaning some of those proceeds could be used to pay the tax bill as needed.

Keep your covers where they belong.

Growing Your Wealth In addition to assessing the timing and tax implications of selling stock from ISOs, we helped this client determine an appropriate investment allocation for long-term growth. Using the proceeds from the sale of company stock, he was able to invest in a diversified portfolio, which significantly reduced the risk in his investment savings.

Equity compensation is an exceptional way for companies to attract top talent and for employees to be even more invested (pardon the pun) in their work.

The point is not to convince people to hastily sell all of their company stock, but rather to encourage them to take a close look at how their company stock fits into the big picture of their financial and personal life.

I encourage people to be proactive and understand the tax implications of selling company stock, determine how much company stock they should hold (i.e., when to start selling), and manage the risk in their investments to improve the chances of reaching their goals.

Written by Matt Jude, CFP®, ECA. Reprinted with permission. n OCTOBER, 2023

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OCTOBER, 2023

Your Company Must Have A Comprehensive Safety Program!

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

Promote A Safe Working Environment It should be your company’s policy to provide a safe place to work, with the prevention of accidents being your ultimate goal.

Your Insurance/Bonding carrier requires a Safety Program.

State and Federal Agencies require a Safety Program.

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

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

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

Employee Pocket Safety Manual Order Form

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

❏ Company Logo Enclosed

❏ Company Logo to be mailed

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

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

11 Index Advertisers’ 21st Century Concrete, Inc.................................................................... 72 AAA Work Trucks.................................................................................. 58 ATS Equipment, Inc. .............................................................................. 12 Allegiance Trucks.................................................................................... 60 B2W Software, Inc................................................................................... 46 Badger Daylighting................................................................................. 14 Benevento Companies............................................................................ 56 Boro Sand & Stone Corp........................................................................ 11 Brennan Consulting................................................................................ 50 Broadstone Advisors, LLC .................................................................... 52 Dennis K. Burke, Inc............................................................................... 50 Chadwick-BaRoss...................................................................................... 2 Concrete Systems, Inc....................................................Inside Back Cvr. Core & Main............................................................................................... 4 Cumberland Quarry Corp..................................................................... 54 Dagle Electrical Construction Corp.................................................... 28 Darmody, Merlino & Co., LLP.............................................................. 56 Dedham Recycled Gravel....................................................................... 46 DeSanctis Insurance Agency, Inc. ....................................................... 31 Dig Safe System, Inc................................................................................ 44 The Driscoll Agency................................................................................ 19 Jack Doheny Company........................................................................... 70 EJ................................................................................................................. 69 Eastpoint Lasers, LLC............................................................................. 54 T. L. Edwards, Inc.................................................................................... 60 Ferguson Waterworks............................................................................. 23 Genalco, Inc.............................................................................................. 48 L. Guerini Group, Inc............................................................................. 19 Henniker Directional Drilling, LLC.................................................... 15 Hinckley Allen LLP..........................................................................8 & 34 John Hoadley & Sons, Inc...................................................................... 61 JESCO........................................................................................................ 68 Jolin Paving & Excavating Inc............................................................... 52 Klayman Public Insurance Adjusters.................................................. 35 P. A. Landers, Inc..................................................................................... 22 Lawrence-Lynch Corp............................................................................ 48 Lorusso Corp............................................................................................ 21 Lorusso Heavy Equipment, LLC............................................................. 6 Mabbett & Associates, Inc..................................................................... 62 Mass Broken Stone Company................................................................ 19 McGovern Ford of Framingham.......................................................... 55 Mersino Dewatering............................................................................... 18 Milton CAT..............................................................................Back Cover Milton Rents............................................................................................. 66 Monroe Tractor........................................................................................ 56 Norfolk Power Equipment, Inc............................................................. 62 North American Crane & Rigging LLC.............................................. 24 North East Shoring Equipment, LLC................................................... 10 Northwestern Mutual............................................................................. 62 Ocean State Oil........................................................................................ 70 Pawtucket Hot Mix Asphalt.................................................................. 44 Podgurski Corp........................................................................................ 58 E. J. Prescott, Inc................................................................ Ins. Front Cvr. Putnam Pipe............................................................................................. 60 Rain For Rent-New England.................................................................. 40 Read Custom Soils................................................................................... 31 Ritchie Bros. Auctioneers....................................................................... 26 Scituate Concrete Products Corp......................................................... 30 Scrap-It, Inc.............................................................................................. 57 Shea Concrete Products, Inc. ................................................................ 32 SITECH New England............................................................................ 38 Starkweather & Shepley Ins. Brokerage, Inc....................................... 20 Tenna......................................................................................................... 13 Tonry Insurance Group, Inc.................................................................. 58 Triumph Modular................................................................................... 17 United Concrete Products..................................................................... 27 United Construction & Forestry, LLC................................................... 1 Webster Printing & Packaging.............................................................. 54 Westlake Pipe & Fittings........................................................................ 11 C. N. Wood Co., Inc. .............................................................................. 16 World Insurance Associates LLC......................................................... 64

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OCTOBER, 2023

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

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