October 2024 Construction Outlook by Ucane

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

CONTACT: Je D. Bernarducci

617-378-4155

JBernarducci@hinckleyallen.com

OFFICERS

President

BRIAN COONEY

C. C. Construction Inc.

President Elect

CHRIS VALENTI

GVC Construction, Inc.

Treasurer

QUERINO PACELLA

RJV Construction Corp.

Secretary

DAN HORGAN

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

BOARD OF DIRECTORS

VINCENT BARLETTA

Barletta Heavy Division

MIKE BISZKO, III

Biszko Contracting Corp.

CALVIN BRANDFORD

CHB Excavating

CHRISTOPHER CLARK World Insurance Associates, LLC

JULIA D’ALLESSANDRO D’Allessandro Corp.

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

JOE GIOIOSO

P. Gioioso & Sons, Inc.

JUSTIN GOODHEART

J. F. White Contracting Co.

DAVID HAMILTON

E. J. Prescott, Inc.

LISA FRENCH KELLEY

W. L. French Excavating Corp.

WILLIAM LEONARD

Aqua Line Utility, Inc.

RYAN McCOURT

McCourt Construction Company

CHIP McDONALD

ATS Equipment, Inc.

MIKE OTTAVIANO

Jolin Paving & Excavating, Inc.

ROBBIE OUR

Robert B. Our Co., Inc.

RICHARD PACELLA, JR.

R. M. Pacella, Inc.

JOSEPH F. NOLAN

Executive Director

OCTOBER, 2024

5 President’s Message: October is the Time to Reflect on the Value of Water and Water Projects

7 Legislative Update:

• Upcoming Advanced Clean Truck and Heavy-Duty Omnibus Rules Drives Stakeholder Engagement

• Legislation to Leverage Stabilization Fund for Additional Federal Funding Passes

• Imagine a Day Without Water: October 17, 2024

• Healey-Driscoll Administration Awards $11 Million to Businesses for Workforce Training Programs

• News in Brief

19 UCANE Interviews: Representative William Driscoll, 7th Norfolk District

25 Legal Corner: The United States Department of Labor: Subcontractors Violate Federal Law & Contractors Pay

29 In Memoriam: Giuseppe L. “Peppi” Gioioso, P. Gioioso & Sons, Inc.

31 Save the Date: UCANE’s 70th Anniversary Banquet

33 UCANE and CIM Letter to Governor Healey

39 Construction Safety & Compliance:: An Interview with John Vanzetta, Safety Director, RJV Construction Corp.

42 UCANE Contractor Member of the Month: Aqua Line Utility, Inc.

47 Public Works Pipeline: An Interview with Paul Giffune, Department of Public Works Director, Town of Stoughton, MA

51 APCC: Cape Cod Pond Monitoring Program

53 Insurance Perspective: Equipment Insurance vs. Equipment Breakdown Insurance: Do You Know the Difference?

57 Safety & Health Corner: OSHA Releases Proposed Standard 29 CFR 1910.148 “Prevention of Heat Injury and Illness to Employees.”

61 There’s a Case for Construction Diversity – Getting There is the Challenge

64 Harmful Algae Blooms in Fresh Water Bodies

67 State AGs Challenge EV Truck Mandates

69 Technology in Construction:

Northeastern Winters: Ideal Timing for New Technology Adoption

73 Creating Project Managers Who Can Lead Your Business

77 CSI: Construction Scene Investigators

Editors: Joseph F. Nolan & Anne Klayman, Associate Editor: Suzanne Hatch

Magazine Designer/Associate Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan

Construction Outlook Chair: Brian Cooney

Editorial Board: Brian Cooney, Chris Valenti, Querino Pacella, & Dan Horgan

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October is the Time to Reflect on the Value of Water and Water Projects

Almost everyone you speak to would agree that clean drinking water is the most vital resource we must protect, and advocating for clean water projects and infrastructure should be a top priority. Unfortunately, water infrastructure is sometimes easy to neglect since it is often underground, and because it’s “out of sight,” it’s sometimes treated as “out of mind.”

That’s exactly why UCANE c onsistently advocates for clean water projects to be included when our leaders are debating how to fund infrastructure investments in the Commonwealth. We are there to remind them that investment in clean water infrastructure projects not only safeguard our most important natural resource, but these projects also deliver the highest economic return. Every dollar spent on a water and wastewater project generates more than double the economic growth of many other infrastructure investments—nearly $7 in GDP growth. Additionally, water projects benefit local economies by supporting $15 in private sector activity, leveraging $2 in additional public funds, and c ontributing $14 to the local property tax base.

This year, UCANE is proud to partner once again with the US Water A lliance in their 10th year promoting “A Day W ithout Water” on O ctober 17 and throughout the month. The USWA c ampaign reminds us that water is the most essential source for human life. It hydrates us, keeps us healthy, and c leanses our bodies. Water sustains global food systems, economies, and environments. Its value is impossible to quantify, and it is incumbent upon us not only to recognize the true value of water in our lives but also to raise our c ollective voices in advocating for a c ommitment to c onsistent water infrastructure investment.

Today, we f ace n umerous water c hallenges. M uch of o ur water i nfrastructure i s over 100 years o ld, a nd the i mpacts of a ging, u nrepaired p ipes i s evident i n communities across t he c ountry—in f act, a water m ain breaks every t wo m inutes s omewhere i n t he U nited States. I n ad dition to a ging i nfrastructure, PFAS c ontamination, a nd l ead p ipe r emoval p rojects w ill s ignificantly i ncrease t he n eed f or water i nfrastructure i nvest -

ment, w ith M assachusetts a lone f acing a $ 40 b illion funding ga p.

The good news is that people c are about water—88 percent of American voters recognize that access to safe and reliable water is a top priority, a belief that transcends geographic and political boundaries. Our job is to help people understand the level of c ommitment needed to invest in water projects and programs.

UCANE's " InvestInWater" c ampaign is active yearround, raising awareness of how water sustains life and supports our c ommunities. Water’s impact goes far beyond what we drink. For instance, it takes 32 gallons of water to produce a single glass of wine, 1,230 gallons to produce a steak, and a staggering 40,000 gallons to manufacture the car you drive.

Many of us think of UCANE as a “ Membership of Contractors and Associates,” a business c oalition. However, please remember that your investment in UCANE, while beneficial for business, also c ontributes to an ever-strengthening voice advocating for clean, safe water across New England and the nation. Through our seat on the Commonwealth’s Water Infrastructure Advisory Committee ( WIAC) and our partnerships with the MWRA, BWSC, DEP, and local municipalities, UCANE c ontinually advocates for water and utility investments at both the state and national levels.

It is our members who make all this hard work possible, and we at UCANE appreciate that commitment. Together, we will raise our voices in support of the awareness, action, and investment necessary to ensure a healthy water future for all. n

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Upcoming Advanced Clean Truck and Heavy-Duty Omnibus Rules Drives Stakeholder Engagement

On January 1, 2025, rules designed to curb emissions from the transportation sector are slated to go into effect. In accordance with Mass. Gen. Laws ch. 111; §142K, Massachusetts adopted the emissions standards established by the California Air Resources Board (CARB). Specifically, CARB approved the Advanced Clean Truck rule in June 2020; Massachusetts adopted the same in 2021. The Advanced Clean Truck (ACT) rule has t wo main parts: (1) the ACT requires that manufacturers sell an increasing number of zero-emission medium and heavy-duty vehicles (MHDs), greater than 8,500 pounds GVWR, from 2024 to 2035. The sales target varies according to the size of the vehicle. By 2035, the standard will require that electric vehicles make up 55% of Class 2b to Class 3 annual sales, 75% of Class 4 to Class 8 straight truck annual sales, and 40% of truck tractor annual sales.

To further complicate matters, CARB also developed, and Massachusetts adopted in 2021, the Low NOx Heavy-Duty Omnibus (HDO) rule, which aims to substantially reduce toxic air pollutants (NOx) from heavy-duty vehicles. While the ACT rule establishes sales targets for electrifying MHD vehicles, the HDO rule focuses on strengthening the heavy-duty in-use testing program and creating certification procedures for these vehicles. Only t wo or three engines in the MHD space meet these standards and, if available, are much more expensive. In states that have only adopted the ACT, one for 10 MHD sales must be electric. In states that have adopted both the ACT and HDO, the effect is a man-

date that one of three MHDs sold be electric.

Since the Commonwealth has adopted both the ACT and HDO, it has created a three-prong problem in Massachusetts: (i) lack of technological advances (i.e., not enough engines meet the ACT/HDO rule); (ii) a lack of existing inventory for private and public purchasers (i.e. limited stock of compliant MHD vehicles have been already spoken for or sold) and (iii) lack of electric infrastructure (i.e. infrastructure to support a MHD electric fleet is essentially non-existent within the state). As one can imagine, no one is buying electric MHD vehicles under these conditions, meaning dealers cannot sell diesel MHD vehicles, even if a compliant one is available.

As a result, the upcoming rules have spurred UCANE to work with a broad range of impacted stakeholder groups to seek a t wo-year delay of these rules. Working with the Construction Industries of Massachusetts (CIM), UCANE sent correspondence to Governor Maura Healey, as well as the Massachusetts Department of Environmental Protection Commissioner Bonnie Heiple outlining the impact these rules will have on the construction industry. Next, UCANE convened a construction industry stakeholder meeting with the Trucking Association of Massachusetts ( TAM) to discuss potential strategies for delaying the ACT and HDO rules. UCANE then reached out to a wide variety of municipalities and organizations focused on municipal construction to seek their input and support. Finally, UCANE has joined with a broad range of

continued on page 9

Mark Molloy, Esq.

stakeholders – ranging from business associations, retailers, lumber dealers, landscapers, energy companies and others - to discuss efforts as a broad coalition.

In short, UCANE and many other impacted stakeholders are asking the Commonwealth to consider moving the upcoming deadline to align with the United States Environmental Protection Agency’s (EPA’s) eventual standard in 2027. Why? In 2023, the CARB announced a Clean Truck Partnership to help achieve the state’s own zero-emission goals. The Clean Truck Partnership, which includes many of the country’s leading manufacturers, agreed that CARB would align with the EPA’s 2027 regulations for NOx emissions. This means that while 11 states nationwide have adopted the ACT rule, it is essentially a temporary measure before all states fall under the EPA’s new rules in 2027.

Be on the lookout for more information about the effort to temporarily delay the upcoming ACT and HDO rules. The upcoming rules, while well intentioned, have simply outpaced the infrastructure and technology improvements necessary to support them.

continued on page 11

Legislation to Leverage Stabilization Fund for Additional Federal Funding Passes

Governor Healey recently signed into law a plan to leverage the state’s ability to bring in additional federal funding for infrastructure, climate, and economic development projects. The new law unlocks resources for communities to compete for federal grants, clearing the way for further federal investment in Massachusetts.

At the start of the administration, Governor Healey established the Federal Funds and Infrastructure O ffice (FFIO) to help lead the state’s “ whole-of-government strategy” for pursuing these federal dollars. Of note, the Federal Funds & Infrastructure O ffice (FFIO) has launched an ambitious inter-agency strategy for the Commonwealth to successfully c ompete for the historic levels of federal funding available from the Bipartisan Infrastructure Law (BIL), Inflation Reduction Act (IRA), the CHIPS and Science Act, and more. FFIO is responsible for tracking federal opportunities, facilitating the submission of successful applications for federal funding, and advocating on behalf of Massachusetts projects that advance key priorities including infrastructure, jobs, ec onomic c ompetitiveness, affordable housing, clean energy, decarbonization, resilience, equity, and

workforce development.

The newly passed legislation will leverage interest from the state’s stabilization fund, without reducing the current balance, to create a matching fund pool of up to $750 million to pursue new federal funds. The bill allocates up to $12 million for technical assistance for local governments and tribes, and up to $50 million for grants, loans and other financial assistance for federal programs.

According to a press release issued from the Healey-Driscoll Administration, Massachusetts has a unique opportunity to access up to $17.5 billion in federal funds through the Inflation Reduction Act (IRA), the Bipartisan Infrastructure Law (BIL) and the CHIPS & Science Act (CHIPS). Since 2023, the state has received over $8.6 billion in federal funding, including roughly $4.2 billion allotted by formula and more than $4.2 billion in discretionary grant awards. The funds have supported projects across the state related to transportation, climate resiliency, job creation, and economic development. To learn more about the FFIO and its work, please visit: https:// www.mass.gov/orgs/federal-funds-infrastructure-office.

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Imagine a Day Without Water: October 17, 2024

Imagine a Day Without Water is a national education c ampaign that br ings together diverse participants to highlight how water is essential, invaluable, and in need of investment. This year, the day of action took place on October 17, 2024, and included events, resolutions, student c ontests, social media engagement, and more, all across the c ountry. Sponsored by the US Water A lliance, organizations and leaders that want to spread the word about the value of the infrastructure that provides water and wastewater service are encouraged to share their messages of support. In the past, water and wastewater providers and agencies, mayors, local officials, c ontractors, c ivil engineers, schools, and aquariums from across the country have all par ticipated in Imagine a Day Without Water.

In short, Imagine a Day Without Water serves as a National Day of Action to unite communities and policymakers to advance greater and more equitable investment in water systems. UCANE has participated in this program each year – whether shar ing information via its social media feeds, direct outreach to legislators and agency personnel or uniting with similarly situated stakeholders who value investing in the C ommonwealth’s water infrastructure system. As reported by the Value of Water C oalition, every job c reated in the water sector creates more than three jobs in another sector. To learn more about the Imagine a Day Without Water c ampaign and find a variety of potential resources, please visit: https://uswateralliance. org/programs/the-value-of-water-campaign/ imagine-a-day-without-water/.

continued on page 15

Healey-Driscoll Administration Awards $11 Million to Businesses for Workforce Training Programs

The Healey-Driscoll Administration announced in a September press release that $10.9 million in the Workforce Training Fund Program (WTFP) has been awarded to 125 businesses statewide to date in 2024. The grants, administered and distributed by the Commonwealth Corporation, aim to address business productivity and competitiveness by providing funding to Massachusetts businesses to train current and newly hired employees. Commonwealth Corporation proj-

ects more than 6,600 workers will receive skills training in the workplace and grant recipients will add more than 1,400 additional employees in Massachusetts over the next two years.

The Workforce Training Fund Program grants are part of the Healey-Driscoll Administration’s strategic investment to retain and upskill existing talent in Massachusetts’ current workforce. The grants announced in September have served as a resource awarded by Commonwealth Corporation to businesses in regions statewide throughout the calendar year. Awarded grants span 11 different industries including $5.6 million awarded to 67 manufacturing businesses to train 3,139 workers, and $2.1 million awarded to 20 businesses in the professional, scientific, and technical services industry with the goal to train 1,255 workers.

Workforce Training Fund Program grants are available for businesses of all sizes, with the greatest use applied by small to medium-sized businesses. The grants provide instruction on a variety of skills, including ESOL, project management, software and IT, and machine set-up and operation. Businesses can apply for two types of grants through the Workforce Training Fund Program: (1) Express Program, which provides fast and flexible access to grant-funded training designed so that small businesses can quickly and easily access funding to address immediate needs; and (2) General Program, which are two-year grants used for large-scale, strategic training projects. During fiscal year 2024 (July 2023 – June 2024), these programs awarded $37.2 million to train more than 27,900 workers from more than 1,600 businesses. Employers receiving these grants plan to add more than 2,800 additional employees in Massachusetts by 2026. These two-year grants are awarded competitively and can range from $10,000 to $250,000.

Grant recipients contribute a matching investment of at least one dollar for each grant-dollar awarded. To learn more about the Workforce Training Fund Program, please visit: https://commcorp.org/header_ program/workforce-training-fund-program/.

News in Brief

• DOR to Offer Tax Amnesty Program. The Massachusetts Department of Revenue (DOR) recently announced the unveiling of Massachusetts Tax Amnesty 2024. This program is a one-time opportunity for eligible individuals and businesses who owe a Massachusetts tax liability to request a waiver of penalties owed on the outstanding tax liabilities included in an Amnesty Request. The amnesty program, administered by the DOR, will be open for eligible taxpayers from November 1, 2024 through December 30, 2024. Taxpayers with unfiled returns, underreported obligations, or existing tax obligations; currently under audit for periods with returns due by December 31, 2024; pending resolution cases; Appellate Tax Board c ases; or taxpayers with open c ollection c ases are eligible to apply. For Massachusetts Tax Amnesty 2024, DOR will only require an eligible non-filer to file returns for the three prior years—returns due from January 1, 2022, through December 31, 2024, without regard to extensions. For more information about this program, please visit: https://www.mass.gov/ info-details/massachusetts-tax-amnesty-2024.

• Primary Election Results. The normally sleepy primary season for legislative races held few surprises for incumbents in the Massachusetts legislature. Every incumbent State Representative and State Senator, but for two, survived their primaries. Two sitting legislators, Democrat Representative Rady Mom of Lowell and Republican Representative Susan Williams Gifford of Wareham, fell short against primary challengers. Voters picked six other de facto new lawmakers, all Democrats who do project to face opposition in November. Representative Bill Driscoll of Milton won a primary for the Senate seat being vacated by Senator Walter Timilty; Thomas Moakley of Falmouth won a primary for the House seat Representative Dylan Fernandes is giving up; Sean Reid of Lynn won a primary for the House seat held currently by Representative Peter Capano; Greg Schwartz of Newton won a primary to succeed retiring Representative Ruth Balser; Hadley Luddy of Orleans was the only candidate on the ballot for the House district represented by Representative Sarah Peake, and so was Homar Gomez of Easthampton in a bid to replace Representative Daniel Carey. n

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R epR esentative William DR iscoll

(7th noRfolk DistRict)

Representative William Driscoll began his career when Hurricane Katrina struck the Gulf Coast in 2005. What started as a two-week volunteer trip turned into a two-year mission to assist underserved communities in Mississippi facing the aftermath of the worst natural disaster in U.S. history. This effort changed the course of his career. For a total of 11 years prior to joining the legislature, he responded to over 40 disasters in the U.S. by providing leadership in the disaster response and humanitarian aid sector, organizing volunteers and coordinating resources across organizations, emergency management professionals, and all levels of government to help families and communities rebuild following disasters.

Reperesentative Driscoll was elected to the MA House of Representatives in 2016 when the seat for 7th Norfolk district opened up. Since 2017 he has served in various roles and on a handful of committees. Currently, he serves as House Chair of the Joint Committee on Emergency Preparedness and Management which was created in 2021 to provide oversight of the Commonwealth’s response to the COVID-19 pandemic and continues to address broader crisis and emergency preparedness issues.

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

A:

Through 2024 and looking towards 2025, the Legislature and the Healey Administration has focused on supporting local aid through a variety of funding and policy avenues. Most notably in the FY2025 budget, the Legislature included $1.3 billion in Unrestricted General Government Aid to support a wide range of municipal services, which represents a one-year increase of more than $38 million for such municipal services. Furthermore, we recently passed a bill which aims to maximize available federal grants that require state matching dollars by unlocking the use of $421 million in Commonwealth savings account interest as matching funds. The millions in interest were previously restricted prior to this legislation. The newly granted access to the savings interest puts the Commonwealth in a more competitive position to maximize eligible federal

programs. By signing this bill (S.2954), the Governor authorized the Secretary of Administration & Finance to spend up to $750 million to match federal funding opportunities for programs that support planning, studies and technical assistance for municipalities and related organizations. This type of funding will have a substantial impact on our local communities’ ability to support and improve basic integral municipal infrastructure and key services.

Representing parts of Milton and Randolph in the 7th Norfolk District, what are the biggest challenges for your district and region with regard to continued economic growth?

The Life Sciences sector continues to thrive in Massachusetts and remains a global leader in the industry and a magnet for top companies and talent. The sector is constantly searching for and trying to identify and bring online new research and development sites in the Greater Boston area. Milton does not have a large

continued on page 21

page 19

commercial base or much developable land for this type of growth, but Randolph certainly does. Randolph has existing industrial parks and commercial real estate that could one day be tapped for Life Sciences growth.

One of the barriers to expansion of R & D facilities to Randolph is the archaic water system. Simply put, most of these facilities need an uninterrupted and reliable water supply of the highest standard(s). Randolph, along with Braintree and Holbrook, is in the process of building a new tri-town water treatment plant that will take the place of the 100+ year old facility in use today.

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

The Blue Hills Ski area on the Milton-Canton town line in the Blue Hills State Park is a long standing and unique amenity for the area. Given inconsistent winter weather and snowfall during the past decade, the ski area would not be viable without the snowmaking ability granted via the area’s reliable water infrastructure.

Many people continue to learn to ski year-after-year at the Blue Hills. Also, the ski area provides the ability for area schools to field ski teams as the local ski hill provides practice space and the ability to hold meets in Greater Boston.

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

Utilizing training and apprenticeship models that feature base pay on day one in parity with the role they are apprenticing for is key to attracting and retaining the future workforce. Second is the marketing and messaging of opportunity. Stronger messaging may change the culture and will help increase the pursuance of a construction career track for students right out of high school vs. moving into a “traditional” 2-year or 4-year college program.

Additionally, I think exploring the positioning or messaging around construction being a forever career vs. part of a five-year or ten-year life plan is worth piloting and iterating. The pitch to potential recruits would include work in the construction industry prior to pursuing higher-ed or immediately after graduation as a means to get on the job

continued on page 23

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Interview continued from page 21 experience, life experience and secure financial footing. Some recruits will stay in the industry forever and some will contribute and then advance onward in their plan. Positioning work in construction less as a fork in the road, career wise and more as part of a life plan that includes pursuit of higher education or flexibility due to the benefits.

Please share some of your other legislative or regulatory priorities from the current legislative session.

For several sessions now I have championed “The Green Future Act” as the primary sponsor. The Green Future Act would unlock billions of dollars through the implementation of a carbon pricing mechanism for investments in state and local green infrastructure projects that help municipalities adapt to climate change and/or make the transition to cleaner, more sustainable energy sources.

Lowering the cost of prescription drugs and overall cost of healthcare has also been a major priority of mine. I voted in favor of and filed amendments towards strengthening major legislation including the recent An Act Promoting Access and Affordability of Prescription Drugs, which protects patients and independent pharmacists by regulating the pharmacy benefit manager (PBM) industry. n

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The United States Department of Labor: Subcontractors Violate Federal Law & Contractors Pay

There is no single body of law or set of laws applicable to all construction projects across the board. Determining what legal requirements apply to a given project requires an understanding of several factors, including, for example: the type of project in question, the project value, the project delivery method, the scope of work, and project funding sources, to name a few.

To illustrate, when it comes to privately-funded Massachusetts projects in excess of $3 Million, contractors should consider the potential applicability of the Massachusetts Prompt Payment Act as well as the Retainage Law. Similarly, home renovation projects (as opposed to new residential construction projects) are subject to the Massachusetts Home Improvement Contractor law and its requirements. Although the Massachusetts Mechanic’s Lien Statute provides contractors with a statutory avenue to attempt to secure payment on private projects, lien rights are not generally available on Massachusetts public projects (which may be subject to certain bond requirements, again, depending on the circumstances).

As you are well-aware, large, state-funded Massachusetts c onstruction projects will trigger c ompetitive bidding requirements, which c an vary depending on –among other things – the project value, the t ype of project (i.e., vertical c onstruction versus horizontal), and the project delivery method (i.e., design-bid-build, design-build, construction manager at risk). Massachusetts public c onstruction projects are also subject to a host of other statutes and statutory requirements that do not apply in the private c ontext, including for example, prevailing wage requirements. Public funding sources c an also give rise to additional areas of exposure, such as under one or more False Claims or False Statements statutes.

Where federal funding is involved, contractors should expect to be subject to a host of federal laws and require-

ments, as well as potential exposure under federal laws, regulations, executive orders, and other agency requirements. In many instances, contractors may be subject to contract provisions that do not actually appear anywhere in the contract, but are imposed by the Federal Acquisition Regulation and are incorporated into the contract by reference.

These are just a few examples to illustrate the fact that “the law” as it relates to construction is a highly complex and non-static web of rights, presumptions, rules, requirements, regulations, and the like. Implementation of sound company policies, training of employees, and attention to matters of compliance are all critical to contractor success in this day and age. Particularly when it comes to enforcement of wage and hour laws, contractors must be sure to know applicable requirements, and comply with them.

In this regard, this year, the United States Department of Labor (“DOL”) announced recoveries against t wo Massachusetts c ontractors in c onnection with alleged violations of federal wage and hour requirements under Davis-Bacon and Related Acts. Both c ases involved situations in which the c ontractors’ subcontractors allegedly violated federal law. And in both c ases, the DOL c onfirmed that it was the general c ontractors that ultimately paid the alleged back wages.

The first case arose out of a federally funded project in Massachusetts on which a Massachusetts-based company served as the general contractor. The DOL re -

continued on page 27

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portedly found that a New Hampshire-based drywall subcontractor “did not pay prevailing wage and fringe benefits to construction workers” on the project. The DOL’s “ Wage and Hour Division” concluded that the subcontractor “violated the Davis-Bacon Act by failing to pay employees the required wage rate and benefits.” The DOL also found that the subcontractor: “falsified payroll records”; “had not created and maintained accurate payroll and basic records”; “ failed to pay proper overtime as the Contract Work Hours and Safety Standards Act requires”; and “did not allow employees to accrue one hour of paid sick leave for every 30 hours worked on or in connection with a federally covered contract, as Executive Order 13706 requires.”

The DOL debarred the subcontractor “ from working on any federal contract for three years,” commenting that “ [s]trong enforcement of prevailing wage requirements ensures that federal investments result in the creation of good jobs.” The DOL recovered more than $518,000 for 54 workers, but noted that the general c ontractor for the project “paid the back wages specified in this case’s administrative settlement.”

The second case arose out of a federally funded housing project involving a Massachusetts general contractor, a Massachusetts subcontractor, and its Massachusetts framing sub-subcontractor. According to the DOL, the continued on page 28

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framing sub-subcontractor “did not pay the required prevailing wage rate and fringe benefits to its workers and failed to create and maintain accurate payroll records.”

The DOL also “determined” that the subcontractor “falsified payroll records” for the sub-subcontractor “to avoid paying the prevailing wage and fringe benefits.”

The DOL noted its “zero tolerance” approach to “federal contractors that falsify payroll records and ignore their responsibilities” and debarred both the subcontractor and its sub-subcontractor from working on federally funded construction projects for a three year period. The DOL also recovered more than $77,000 in back wages for 5 workers from the general contractor, stating that the general contractor “was responsible for ensuring its subcontractors complied with the [DavisBacon and Related Acts] contract clauses.”

Although the DOL did not release more detailed information about these two cases, they nevertheless illustrate the need for contractors to take appropriate steps to equip themselves to perform their jobs in accordance with applicable legal requirements. Contractors are strongly urged to examine their policies and procedures – in conjunction with their past experience and future goals – and take proactive steps to mitigate against the risk of exposure in an industry that remains subject to hot enforcement of applicable legal requirements. n

We are deeply saddened to announce that on September 24, 2024 at age 93, Peppi Gioioso passed away peacefully surrounded by his loved ones.

He is survived by his beloved wife of 62 years Rosaria “Rose” (D’Alessandro). Together, they raised their four children and welcomed each of their children’s spouses into the family; Ezia Varner and her husband Chris of Medfield, Joe Gioioso and his wife Ann of Milton, Danielle Taghian and her husband Alphonse of Westwood, and Marisa Gioioso and her husband Alvaro Lozano-Robledo of Hopkinton.

Peppi took great pride in his role as Grandpa to his 10 granddaughters: Elizabeth Varner, Stephanie Gioioso, Nadine Taghian, Katherine Gioioso, Gabriella Taghian, Jessica Varner, Al -

exa Taghian, Christina Gioioso, Natalie Lozano, and Julia Lozano.

He was a devoted brother to Maria DiNanno of Norwood, Elena and Brian Adgate of Braintree, Grace Gioioso of Walpole, Lina Gioioso of Walpole, and uncle to many nieces and nephews.

Giuseppe L. "Peppi" Gioioso

June 19, 1931 - September 24, 2024

He is predeceased by his siblings Filomena C olasante, Enrico, Tommaso, M ario, Luigi, and Francesco Gioioso.

The O fficers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathies and c ondolences to the entire Gioioso family. Peppi’s years of experience and knowledge of our industry brought him the unequaled respect of his peers, who feel a deep and personal sadness at this passing. n

Giuseppe L. “Peppi” Gioioso passed away peacefully on September 24, surrounded by his loved ones. He was born on June 19, 1931 to Pelino Gioioso in the village of Filetto, Italy.

In February 1962 Giuseppe immigrated to the United States, joining family with his four brothers, they established P. Gioioso & Sons Inc. in Hyde Park, construction firm that has operated in the greater Boston area for over

Giuseppe was the beloved husband of Rosaria (D'Alessandro) Gioioso, whom he shared a beautiful marriage of 62 years. Together, they built a their four children and welcomed each of their spouses into the family: husband Chris of Medfield, Joseph Gioioso and his wife Ann of Milton, husband Alphonse of Westwood, and Marisa Gioioso and her husband of Hopkinton. He was a devoted brother to Maria DiNanno of Norwood, of Braintree, Grace Gioioso of Walpole, Lina Gioioso of Walpole and uncle nephews. He is predeceased by his siblings Filomena Colasante, Enrico, and Francesco Gioioso.

˚ Bridge Structures

Pump Stations, Buildings ˚ Underground Tunneling ˚ Culverts/Arches ˚ Retaining Walls

Prestress/NEXT Beams

Custom Structures

Giuseppe was the cherished patriarch of a large and loving family. He was mind and endless energy. He loved to garden and spent countless days dozens of fruits and vegetables. As a young father he whisked his family across New England, and later traveled the world with Rosaria and made Florida. He took immense pride in his role as Grandpa to his 10 granddaughters: Varner, Stephanie Gioioso, Nadine Taghian, Katherine Gioioso, Gabriella Varner, Alexa Taghian, Christina Gioioso, Natalie Lozano, and Julia Lozano.

His greatest joy was spending time with family and friends. The kitchen crowded with visitors enjoying Rose’s homemade Italian food, espresso, round of cards.

Giuseppe loved his new country and lived the American Dream, but never learned in his native land: hard work, generosity, love of family, and living

Relatives and friends are respectfully invited to attend visiting hours on from 3:00 – 7:00 PM in the Cartwright-Venuti Funeral Home, 845 Washington Funeral Mass will be celebrated on Monday, September 30th, at 10:00

Boston maRR iott copley p lace 110 huntinGton avenue

Boston, massachusetts

Join us as W e honoR ouR contR actoR an D associate memBeR of the yeaR R ecipients satuRDay, novemBeR 2, 2024 6:00 in the eveninG p lease Rsvp to anne k layman at aklayman@ucane.com

By octoBeR 14, 2024

Protection

In 2021 Massachusetts Legislators passed a law that required implementation of California type emission standards and Electric Vehicle mandates to become effective January 1, 2025. The effects of this law would cause substantial harm to all businesses in Massachusetts that either sell or buy medium and heavy trucks. This is of particular concern to UCANE contractors and many associate members. UCANE has been working for several months with a coalition of other industries that will also be negatively impacted including Construction Industries of Massachusetts (CIM) and Trucking Association of Massachusetts (TAM). Below is the letter drafted jointly by UCANE and CIM and sent to Governor Healey and MassDEP dated September 12, 2024.

September 12, 2024

Her Excellency Maura Healey, Governor Office of the Governor State House, Room 280 Boston, Massachusetts 02133

Ms. Bonnie Heiple, Commissioner Massachusetts Department of Environmental Protection 100 Cambridge Street; Suite 900 Boston, Massachusetts 02114

Dear Governor Healey and Commissioner Heiple:

On behalf of the leading construction associations for horizontal public works ranging from road and bridge work to underground utility work, we are writing to request a delay in the emissions standards established by the Advanced Clean Trucks (ACT) and Heavy Duty Omnibus (HDO) rules. The upcoming implementation of these rules will have a substantial and negative impact on the construction industry due to a lack technological advancements, a lack of needed infrastructure improvements and, realistically, a lack of compliant medium and heavy-duty trucks for purchase at this time.

Under Mass. Gen. Laws ch. 111; §142K, Massachusetts is required to adopt certain provisions of California’s motor vehicle emissions standards. The ACT and HDO rules were adopted by the California Air Resources Board (CARB) in 2020; Massachusetts adopted the same in 2021. Under the ACT, Massachusetts dealers of medium and heavy-duty trucks are held to a standard whereby they must sell a percentage of electric trucks before they are able to sell diesel trucks. The HDO rule further impacts the ACT rule by preventing the sale and registration of any medium or heavy-duty truck that does not meet CARB’s heightened NOx requirements. Both rules are slated to go into effect as of January 1, 2025.

continued on page 35

infrastructure improvements and, realistically, a

horizontal public works ranging from road and bridge request a delay in the emissions standards established Heavy Duty Omnibus (HDO) rules. The upcoming and negative impact on the construction industry due needed

purchase at this time.

percentage of electric trucks before they are able to sell diesel trucks. The HDO rule further impacts the ACT rule by preventing the sale and registration of any medium or heavy-duty truck that does not meet CARB’s heightened NOx requirements. Both rules are slated to go into effect as of January 1, 2025.

UCANE/CIM continued from page 33

The construction industry in Massachusetts relies on access to new, medium and heavy-duty trucks. Whether purchasing dump trucks to haul material or low boy tractor trailers to bring offroad equipment to job sites, the construction industry is a regular purchaser of on-road medium and heavy-duty trucks. While the effort to reduce emissions from the transportation sector is shared by our members, the implementation of the ACT and HDO rules beginning in January will have a harmful effect on the construction industry in Massachusetts. In short, technology and infrastructure are not yet where they need to be for the implementation of these important rules to be effective without harming the construction industry.

As you may know, the market for medium and heavy-duty electric trucks is significantly less advanced and, in fact, much smaller than that which exists for passenger vehicles. The currently available electric medium and heavy-duty trucks do not have the same range or carrying capacity as their diesel counterparts. Further, if an electric truck is actually available for purchase, it is prohibitively expensive. Construction companies

cannot absorb the purchase of one, non-standard truck for $400,000 to $500,000 in an extremely competitive industry that relies on competitive bidding. On top of all of this, as the construction industry in Massachusetts is competing against many other in-state industries and non-Massachusetts entities, actually acquiring an electric medium or heavy-duty truck, even if it were economically and practically feasible, now takes at least 18 months.

To make matters worse, if a contractor is able to find and afford an electric medium or heavy-duty truck, the infrastructure necessary for charging said vehicle is not readily available. Massachusetts, along with many other states, simply does not have the infrastructure in place at this time nor the mechanisms for putting the infrastructure in place in a timely manner. No construction company will charge their medium or heavy-duty truck at a mall, a rest stop, or other location that is not at their facility or within some degree of their control. Nor, realistically, do the private utility companies and municipal light plants have the capacity to install, much less deliver sufficient power, to a contractor’s facility – even if the contractor could afford to make the infrastructure investment itself. Without reliable charging options, neither public nor private fleet owners will invest in these trucks.

Even if Massachusetts dealers somehow sold the required number of electric medium and heavy-trucks, non-electric trucks sold in the Commonwealth must now meet the heightened HDO standards. Unfortunately, many manufacturers have yet to produce enough engines that comply with these regulations while others have simply foregone trying to do the same. Massachusetts’ early adoption of the HDO rule means that Massachusetts state agencies, municipalities and businesses are all competing against each other for an extremely limited supply of compliant trucks. Working as closely as we do with municipal Department of Public Works (DPWs) and Water Departments, we are intimately aware that across the Commonwealth most cities and towns are also preparing their 2025 budgets now with specific capital expenditures planned for diesel vehicles (dumps, plows, vac trucks, and sweepers, etc.) that are not going to be available to them in Massachusetts in 2025 under this rulemaking. Like our construction company members, municipalities also rely on the regular turnover and replacement of medium and heavy-duty trucks within their fleets; meaning that acquiring the necessary vehicles post-January 1, 2025, will be extremely challenging, if not impossible.

100 Wales Avenue-Rear Avon, MA 02322 Office: 508-583-2029 Plant: 508-587-6953

continued on page 36

226 Nicks Rock Road Plymouth, MA 02360

Scale House: 508-732-9148

Asphalt Plant: 508-732-9140

Accordingly, to effectively advance our emission reduction goals and prevent potential harm to the construction industry, we respectfully request a delay in the implementation of the ACT and HDO rules until January 1, 2027 when the United States Environmental Protection and CARB’s emissions targets for engines will be the same. The temporary delay will allow technology and infrastructure to catch-up to the goals and objectives of these rules. If the Commonwealth does not provide some mechanism for contractors to reasonably meet their fleet needs, the effect will be to essentially keep older, less efficient medium and heavy-duty trucks on the road after January 1, 2025. Given the ultimate goal is to reduce emissions, it seems counterintuitive the Commonwealth would not want contractors – or anyone else – to at least purchase cleaner, medium and heavy-duty vehicles being sold in non-CARB states that would still reduce the levels of PM and NOx in this state.

means that Massachusetts state agencies, municipalities and businesses are all competing against each other for an extremely limited supply of compliant trucks. Working as closely as we do with municipal Department of Public Works (DPWs) and Water Departments, we are intimately aware that across the Commonwealth most cities and towns are also preparing their 2025 budgets now with specific capital expenditures planned for diesel vehicles (dumps, plows, vac trucks, and sweepers, etc.) that are not going to be available to them in Massachusetts in 2025 under this rulemaking. Like our construction company members, municipalities also rely on the regular turnover and replacement of medium and heavy-duty trucks within their fleets; meaning that acquiring the necessary vehicles post-January 1, 2025, will be extremely challenging, if not impossible.

Finally, the construction industry in Massachusetts is the foundation from which the Commonwealth grows. Our member companies and their employees not only build the roads, bridges, tunnels, pipes and conduits that every other industry relies upon to operate and grow, they pay significant taxes in doing so. The implementation of the ACT and HDO effective January 1, 2025 will likely mean less tax revenue – whether through a reduction in sales and excise tax as far fewer medium and heavy-duty vehicles are purchased by our members or a loss of payroll tax if a company, who cannot fix an existing machine, must choose the purchase of an overly expensive, reduced capacity truck over the hiring of new personnel. None of these outcomes benefit our member companies or their employees or the state and local agencies they work for

continued on page 37

Your full-line Case dealership.

UCANE/CIM continued from page 36

Please allow for technology and infrastructure to catch Massachusetts. A temporary delay until January 1, 2027 progress towards our shared goal of reducing emissions specifically, and other industries, generally, that rely on trucks.

Please allow for technology and infrastructure to catch up before implementing the ACT and HDO rules in Massachusetts. A temporary delay until January 1, 2027 will allow for all stakeholders to make meaningful progress towards our shared goal of reducing emissions without harming the construction industry, specifically, and other industries, generally, that rely on reasonable access to new medium and heavy duty trucks.

We appreciate your attention to this important matter clean future for the construction industry in Massachusetts. any questions or concerns

Sincerely,

We appreciate your attention to this important matter and look forward to working with you to ensure a clean future for the construction industry in Massachusetts. Please do not hesitate to let us know if you have any questions or concerns.

Sincerely,

Joseph F. Nolan

Executive Director

Utility Contractors Association of New England jnolan@ucane.com

Jeff Mahoney Executive Director Executive Director

Cc:

Utility Contractors Association of New England Construction Industries of Massachusetts jnolan@ucane.com jmahoney@cimass.org

Ms. Yvonne Hao, Secretary Massachusetts Executive Office of Economic Development

Cc:

Ms. Yvonne Hao, Secretary Massachusetts Executive Office of Economic Development

Ms. Monica Tibbits-Nutt, Secretary Massachusetts Department of Transportation

Mr. Fred Laskey, Massachusetts Water Resources Authority

Ms. Monica Tibbits-Nutt, Secretary Massachusetts Department of Transportation

Mr. Fred Laskey, Executive Director Massachusetts Water Resources Authority

Construction Safety & Compliance: An Interview with John Vanzetta Safety Director

RJV Construction Corp.

UCANE’s Construction Outlook magazine editors recently caught up with John Vanzetta at a busy construction site in South Boston. John is the Safety Director at UCANE member firm RJV Construction Corp. based in Canton, MA. We were able to get a few minutes of John’s time to speak with him about the importance of Safety in today’s heavy construction industry.

Will you please tell us a little about your background and experience and why and how you chose to get into the field of Construction Safety.

I was born and raised in New York and relocated to Cape Cod in 2018. I received a B.S. in Environmental Science and Chemistry from Western New England College, and an MBA from Mount Saint Mary College. My career began in the mining industry in 2002 as part of a global company’s environmental department until 2016. Our company’s activities were closely monitored by government agencies, as well as the neighboring citizenry and the public, so I interfaced with all aspects of the company to ensure compliance. I was responsible for managing all environmental conditions, government and public relationships, and permitting and reporting matters so that the company could continue to meet their operational goals, whatever they be, uninterrupted by any environmental, permitting, or record-keeping issues.

In 2016, I had my first segway into Safety (EHS department) for a heavy civil construction company; the split was about 65% health & safety and 35% environmental. It was a short stint, but the lessons I learned about the construction industry, as well as the safety industry were invaluable. It inspired me to make a full leap into the construction safety industry and I worked for a GC in Massachusetts from 20182023. There are many similarities between the safety and environmental compliance industries. Both have regulatory standards to meet or exceed; both have government oversight to ensure compliance; and all

businesses have the ever-present need to maintain production in order to sustain and grow. Construction workers must be able to balance all of this, and I believe the construction safety industry suits my personality well as I am able to connect with fellow employees on a personal, meaningful level, and in ways that may even be lifesaving.

How long have you been with RJV Construction, and what type of work does the company focus on?

continued on page 40

As of October 4, I have been working at RJV Construction for 10 months. RJV Construction is a third- generation civil contractor and the Pacella family was one of the founding members of UCANE in 1954. Our work primarily consists of underground utility replacement and installation such as water, sewer, and drain, but they also have projects ancillary to this focus. The company has a substantial fleet of heavy equipment and trucks and operates primarily in the Public Works market.

Please describe the safety culture that exists at RJV.

Safety is deeply valued and supported at all levels in this company. Everyone tows the same line to ensure that we take care of ourselves, look out for teammates, and that jobsite conditions and equipment are safe so that we can all go home at the end of the day. We use tools here like daily JHAs, Weekly Toolbox Talks, daily Morning Huddles, Incident and Near Miss Reporting, Positive Observations, and regular Jobsite Audits. Our experienced crews are trained to ‘Take 5’ when plans are altered, or unforeseen conditions are encountered.

RJV Construction’s personal approach to safety produces a sense of pride in each employee to perform safely and to use their skills to encourage others, in a positive, reinforcing way, to make safety a part of their everyday life.

What are some of the safety training topics that you emphasized to your field crews during 2024?

We have conducted a lot of training this year, but some of the more relevant topics have been confined space and respiratory, trench/excavation, first aid/CPR, and traffic control. At the latest training session, I covered the OSHA Compliance Directive for the Excavation Standard to point out both that OSHA follows a written procedure that is simple to learn and understand, and that OSHA inspectors will look for similar or the same items as I do during my regular jobsite audits. I try to meld OSHA and our own in-house initiatives so that our crews can understand and identify the particular safety hazards associated with working in and around trenches, excavations, and traffic.

As you know, OSHA has been developing a new Federal Standard intended to reduce em-

ployee injuries caused by working in high heat index temperatures. Do you think the proposed standard will impact construction operations in New England?

This proposed standard will absolutely have an impact on the construction industry, but to what extent depends on the company. RJV Construction has best practices in place already to mitigate this type of employee exposure during certain weather events, so I don’t foresee complying with this standard being too burdensome. OSHA expects to be implementing the new Heat Standards in 2025, so all companies should be proactive now and thinking about having access to water, electrolytes, cooling or shaded areas, implementing rest breaks, acclimatization procedures, and creating a temperature monitoring and communication system to alert employees.

As a Safety Professional what is your advice to others who might be considering a career in Construction Safety?

Pursuing a career in Construction Safety can be incredibly rewarding when you have a genuine passion for ensuring the safety and well-being of workers. My advice for those considering this path

continued on page 41

Grossman Drive Suite 200 Braintree, MA 02184 (617) 773-9200

238 Bedford Street Lexington, MA 02420 (781) 861-1800

is to know or have a desire to understand the construction environment, including common hazards, industry best-practices, and especially the applicable safety regulations. Of course, this will take time to learn, but there are several ways to shorten this learning curve. Depending on your learning style and situation, you can consider some type of formal, continuous education program, or take advantage of networking by joining safety organizations and attending conferences to meet peers and stay informed about industry trends and resources.

Nonetheless, you will need to develop a proactive mindset and be able to identify potential safety hazards and learn the necessary preventive measures. To be a successful safety professional you absolutely need to establish trust and rapport with workers and management to build strong relationships. You'll need to convey safety policies clearly, engage with workers at all levels, and encourage open dia logue. You should be organized and detail-oriented because attention to detail is vital in the safety busi ness. By committing to these principles and learning from real situations as you gain experience, you can make a significant impact on safety in the construc tion industry.

RJV Construction Corp. installing sewer lines in Boston, MA.

Sewer Rehab Project in Hull, MA

Aqua Line Utility, Inc. Celebrates 20 Years in Public Works Construction

Faith plays major role in the success of Weymouth based UCANE Contractor

As a young teenager growing up in the Maverick Street public housing complex in East Boston and then moving to Dorchester, Billy Leonard found himself spending more time learning street lessons than learning math and english in school. His crowd of friends were becoming more familiar to Dorchester policemen than they were to the teachers at St. Williams School. The future was not looking promising for Billy, when his father, Bill Leonard Sr., a carpenter, introduced his son to a friend named Vinnie Mawn who owned a small construction company that was doing work for Boston Gas at the time. Bill’s father was hoping that by getting a good dose of hard labor work on a construction crew, it would convince his 14-yearold son that school was a better alternative.

But no matter how much jackhammering and hand-digging that Vinnie Mawn subjected his young worker to, Billy would not be deterred. He enjoyed the work, was a quick learner who soon impressed his foreman, and the 1988 lesson turned into the beginning of a new career for Bill Leonard, Jr. and a 6-year relationship with the LV Mawn Company. According to Bill, “I really owe my sense of direction and my love of construction to Vinnie Mawn. He worked me hard in the beginning, but he taught me all about piping systems and excavation. Later, Vinnie let me in the office at night and helped me read plans and he opened his construction yard on weeknights for me so I could learn how to run the Case 580 backhoe.

continued on page 44

I learned how to operate machinery and trucks with Vinnie and he helped me get my first hydraulic license when I was only 19 years old.”

In 1994, LV Mawn Company was slowing down a bit and Bill landed a job with another up-and-coming gas company contractor–and future UCANE member-called Feeney Brothers from Dorchester, MA. Over the next five years, Bill continued his education in the pipe business as a foreman and an equipment operator. It was while working for Greg and Brendan Feeney and their new company that Bill got his first yearnings about starting his own business.

From 1999 to 2003 Bill further developed both his heavy equipment skills and his project management skills while working for several Boston area utility contractors. Bill had a thirst for knowledge about all aspects of the underground construction business. He networked with others in the business and was getting known in the Boston area as a young and talented prospect. In 2004 Bill, with his wife Amy nervously behind him, decided to make a big move from his well-paying and secure career as heavy equipment operator, to starting his own company.

Aqua Line Utility is Born

As Bill Leonard was getting more and more interested in starting his own business, he reached out to a c ouple of family friends for advice on many topics including financing, insurance, how to start-up a small business, etc. Paul Feldman and Pat McKenna were developers in the Boston area who had business experience and were glad to help Bill with his many questions. “ Without the knowledge that Paul and Pat shared with me and their generous support, I probably would never have made the move,” Bill reminisces. “ I knew how to build a project but that wasn’t enough. I c onsider those guys my mentors who helped me understand the business aspect of the construction business.”

Bill’s mentors knew of another developer that was putting up an A AMCO Transmission site in Brockton. The site c ontractor had been terminated and the owner was looking for a c ontractor to c ome in and c omplete the work. Bill met the owner on site and agreed on a price to do the work. There was only one minor problem, Bill didn’t own

any equipment, had no employees, and his c ompany was non-existent at that point. Again, Bill’s mentors stepped in and c onvinced the owner to give him a little time and to stick with Bill.

Within t wo weeks Bill formed Aqua Line Utility, Inc., secured insurance, lined up rental equipment, and located three employees. It was a “crash course in “How to start a small business,” but it worked. Today Bill has the utmost admiration and respect for UCANE member ATS Equipment, Inc. who gave Aqua Line its first line of credit so that he could equip the Brockton project. “The Connolly family had faith in me,” said Bill. “ Without the generous credit terms they gave me, I might have never secured that first project.” It was 2004, Aqua Line was born, and Bill had his first job – a $300,000 private site job in Brockton.

Company Moves to Public Works

Aqua Line successfully c ompleted that first A AMCO job in Brockton and it led to t wo more A AMCO site projects. For the first c ouple of years Bill was wearing every hat in the c ompany from laborer to operator to owner and more. He was sticking with private work and reinvesting everything back into the c ompany. During this early period, he solidified his c ompany further by finding some talented employees, some of whom are all still with the company today.

Bill was anxious to bid work in the public market and was gradually building up his bonding c apacity. In 2006, Bill landed the young c ompany’s first public job, a water main project in Marshfield for $500,000. From there Aqua Line became a regular name at public works bid openings in the greater Boston area. The Aqua Line logo c ould soon be seen on equipment digging trenches in streets in Quincy, Waltham, and in Boston for the Boston Water & Sewer Commission.

“BUY

Aqua Line Founder & President Bill Leonard, Jr.

In 2009, Aqua Line added a second crew and was looking to purchase a larger excavator. Bill headed to UCANE member C.N. Wood Co., Inc. to talk about that possibility. “ Like ATS Equipment helped me early on, Bob Benard and salesman Paul Oliveria were instrumental in helping me get that first major piece of equipment I needed.” said Bill. “ They saw what I was doing and trusted in my future success.”

During the next several years Aqua Line experienced slow but steady and well managed growth as the c ompany expanded their working radius and their resume. They c ontinued to c oncentrate on the public works market while still doing some selective private work. By 2015 the c ompany had moved their office from Bill’s house in Bridgewater to a new office in Weymouth, the c ompany had 10 employees, and was doing annual revenues approaching $5 million.

UCANE Involvement

Bill Leonard had been exposed to UCANE before he started his own business. Some of his prior employers were UCANE members and Bill accompanied them to several UCANE events and dinner meetings. Once Aqua Line was up and on its feet, Bill wasted no time and joined UCANE in 2006. He served on the Board of Directors for a 2-year stint in 2018 and 2019. He re-upped again in

2024 and is currently serving on the Board again.

“I’m a firm believer in UCANE,” Bill says proudly. “ I learned a lot from getting involved as a young guy and going to meetings alongside fellow c ontractors that I really respect. Even after being in business for 20 years, I know I still have more to learn.” With a grin, Bill c ontinued, “Listening to my successful peers and working with them at Board meetings is like going to college for me!” continued on page 46

Annisquam River Crossing, Gloucester, MA

Pump station bypass installation in Marion, MA

Aqua Line Utility, Inc. continued from page 45

Current Operations and Key Projects Along the Way

As is the c ase for most c ontractors, not every project is a winner, and the business c an be very stressful and challenging at times. Aqua Line was no exception and for a short period about eight years ago, Bill Leonard was wondering if his decision to go into the risky c onstruction business was the right decision. Today Bill credits his key employees Barbara Marini and Helder Barroso along with his entire team, his wife Amy, and a “special partner” from above for getting him through that low period and rebounding both his c ompany and his spirit. “ I had great people around me and I turned to God to become a member of my team,” said Bill. “All of my team c ame through for me, and since then I credit my recovery and my successes to them, especially my ‘silent partner,’ my Lord and Savior Jesus. He is my Rock and sure foundation.”

The last few years have been very successful for Bill Leonard and his team as they click on all cylinders with a renewed energy. The equipment fleet is at an all-time peak and a fourth crew has been added. Revenues are approaching $12M per year and the c ompany is wrapping up their largest single contract in its history worth $26M.

A few challenging projects that Aqua Line has c ompleted in recent years include:

1. Broadway Road Reconstruction, Chelsea, MA: $13M

The t wo-year project involved one mile of extensive full depth road reconstruction of busy Broadway Street from Chelsea City Hall to the Revere city line. Work also included utility replacements and relocations, new drainage system, sewer separation work, traffic signal upgrades, and extensive traffic c ontrol. A dedicated bike lane was created and ADA c ompliant ramps installed at all intersections.

2. Toblin Hill Bridge Replacement, Shrewsbury, MA: $1.3M

This small but very challenging project entailed complete reconstruction of a roadway bridge that had previously been abandoned. Forming and pouring of new foundations and abutments was required while maintaining existing utilities. Installation of a new steel plate arch bridge on the new abutments, and c onstruction of precast T-Wall wingwalls. Backfilling, c ompaction, paving, and full re-opening of the bridge to traffic was required.

3. Annisquam River Crossing, Gloucester, MA: $3M

This project required installing 2,265 feet of new 20inch HDPE water main including crossing under the Annisquam River by the directional drilling method. Work also included another 1,100ft of direct bury PVC water main and 1,700 feet of multiple electrical duct bank.

UCANE has proudly represented Aqua Line Utility, Inc. as members since 2006. We congratulate Bill Leonard and his team on their accomplishments and wish them many years of continued success in the Utility Construction Industry. n

Sewer Separation Work on Broadway Street in Chelsea, MA

Aqua Line Key Employees Helder Barroso and Barbara Marini

An IntervIew wIth PAul GIffune DePArtment of PublIc works DIrector town of stouGhton, mA

Will you please tell us a little bit about your professional training and background prior to attaining your current position?

I g rew u p i n Foxboro, M A a nd attended I thaca College w here I r eceived a d egree i n B usiness A dministration. C oming o ut of s chool I started working in the private s ector for a few large Boston firms i ncluding as a s uperintendent f or S hawmut Design & C onstruction a nd M cCourt C onstruction. I was fortunate to have worked on many large public p rojects i ncluding m any j obs at Logan A irport for M assPort, Route 128 b ridge/roadway work f or MassDOT, a nd state u niversity b uilding a nd c ivil projects.

I b egan my mu nicipal c areer i n 2 014 c oming to work in S toughton as Facilities M anager. I was p romoted to D PW D irector i n 2 022 after t he Facilities D epartment was p laced u nder t he D PW u mbrella. I direct a t alented c rew of 3 5 D PW e mployees s pread over four different divisions within the Department.

Will you please give our readers some information on the size and population of Stoughton and some statistics on the various infrastructure that your Department is responsible for maintaining?

Stoughton is a c ommunity 20 miles south of Boston that has a population of just under 30,000. The DPW Highway Division is responsible for maintaining 112 roadway miles and all abutting sidewalks and curbs. They take c are of all drainage, culverts, and drainage structures like manholes, c atch basins, and stormceptors. We maintain 4 4 detention basins, drainage ditches, 294 drainage easements, and 128 other utility easements. Street lighting and traffic signals are under the DPW as well.

Our Forestry Division maintains 28 acres of public

parks, all the landscaped areas around Stoughton’s municipal public buildings, as well as 143 Veterans’ Memorials. Our Fleet Maintenance Division services a fleet of over 120 vehicles including the DPW c ars, trucks, and construction equipment.

The Facilities Division performs maintenance and minor repairs to 11 Town of Stoughton public buildings.

The Sanitation Division of DPW self-performs the municipal solid waste functions including recycling, curbside pickup, and disposal for 7,200 households residents. During winters we pull drivers as needed from all DPW Divisions for road treatments and snow and ice removal in c onjunction with some outside

continued on page 49

contractors. All Divisions report to the Director of Public Works and all are available to assist with any town emergencies.

Has the Town of Stoughton or your Department completed a recent Asset Management Plan or a Needs Survey for the underground infrastructure and roadways owned by the Town, and is there a 5-Year Capital Improvement Plan in place to address those needs?

We have not c ompleted a recent underground infrastructure survey but we do have a 5 -Year Capital Improvement Plan that is inclusive of stormwater improvements, sidewalk upgrades, underground utility infrastructure, traffic improvements, and paving to address our needs.

Are the water and sewer departments under the authority of the Public Works Director, or are they their own separate Departments? Also, how are road improvement projects coordinated with water and sewer projects?

Water and Sewer are independent departments and do not fall under the DPW umbrella in Stoughton. However, we c arefully c oordinate all DPW roadwork activities with any planned Water Department and Sewer Department projects. We strive to schedule all underground projects being done in Stoughton, both private and public, so that the departments c an perform efficiently, especially in c ases of road reconstruction projects.

How does Stoughton normally fund their infrastructure projects? Does the town utilize the SRF Loan Program through MassDEP, MWRA Assistance, or Chapter 90 funds for various infrastructure projects?

The Town has traditionally funded its infrastructure projects through Chapter 9 0 funding and also MWRA assistance for water/sewer projects. For the past two years our Representative Town Meeting has appropriated funding for many paving projects. With its help and Chapter 9 0 funds, the Department has paved 65 streets in the past two years.

What do you see as the most pressing infrastructure needs for the Town in the next year or two? Are there any projects coming out to bid in 2025 that UCANE contractors might be interested in bidding?

The most pressing needs for the Town are to plan and invest in culvert and traffic improvements as well as c ontinued c ompliance with the MS-4

regulations. The DPW recently received a grant from the state to assess the c ondition and c apacity of all the culverts in Stoughton. The work is currently underway with a full report due in early 2025.

Road and sidewalk maintenance and upgrades is an annual event and 2025 will see some projects going forward with Chapter 9 0 funds. Although our Capital Improvement Plan does not include any major DPW projects on the docket for 2025, I’m sure the Culvert Report will show some sizable drainage needs that the town will have to fund in 2026 and that UCANE contractors will take interest in bidding. n

Dana Kepner Company’s regional purchases now include Putnam Pipe (2021) and Jack Farrelly (2023).

This expansion will provide our customers with greater access to an extensive inventory, additional resources, including a 24-hour service department, and the benefits of a wider market.

We look forward to earning your continued trust and confidence.

Thank you for your business.

KEPNER

The Jack Farrelly Company

CAPE COD POND MONITORING PROGRAM

CAPE COD PONDS NETWORK -FRESHWATER INITIATIVE

• Help Cape Cod communities to better protect and manage our ponds by collecting water quality data to characterize pond conditions, and to understand the effects of watershed development and other stressors.

• Standardize data collection with quality control standards set by state and federal agencies

• Inform Towns and residents of pond protection and management strategies.

As part of the county-approved Freshwater Initiative, the Association to Preserve Cape Cod (APCC) was contracted by Barnstable County and the Cape Cod Commission to conduct pond monitoring of 50 ponds Cape-wide from 2023 through 2025. This three-year program involves monitoring each pond seven times per year from April through October. The goal is to help Cape Cod communities to better protect and manage our ponds by collecting water quality data to characterize pond conditions, to understand the effects of watershed development and other stressors, and to inform pond protection and management strategies.

The Cape Cod Commission and APCC selected 50 ponds using criteria that include size, depth, public access, other pond characteristics, data gaps, geographic considerations, and town priorities identified from Commission meetings with municipal staff. continued on page 52

APCC continued from page 51

Pond monitoring is conducted by APCC staff at the deepest point in the pond with the assistance of a volunteer. Monitoring data gathered includes measurement of depth, Secchi disk depth, water quality (i.e., temperature, pH, dissolved oxygen, conductivity, and salinity) using a sonde lowered into the water, and collection of water samples for lab analyses of nutrients, chlorophyll, and alkalinity. Lab analyses are being done by the Center for Coastal Studies, a state-certified laboratory. For more information on all the Ponds on Cape Cod, view the Cape Cod Pond Atlas sponsored by the Cape Cod Commission www.capecodcommission.org

Pond Monitor Volunteers Needed

Fill out Volunteer Pond Monitor application form on APCC’s website https://apcc.org/pondmonitoring/ You’ll be contacted by APCC staff and receive training to perform the testing and sampling activities including receive a Pond Monitor Orientation Video.

APCC’s Pond Monitoring Program is directed by Dr. Julie Hambrook, director of both the Pond Monitoring and Cyanobacteria Monitoring Programs. Julie’s email is jhambrook@appc.org. Pond monitoring staff include Sophia Feuerhake and John-Tyler (“JT”) Percy. Our operations manager for both the Pond and Cyanobacteria Monitoring Programs is Lynn Francis. APPC Executive Director is Andrew Gottlieb, agottlieb@apcc.org

Christopher Clark World Insurance Associates, Inc.

Equipment Insurance vs. Equipment Breakdown Insurance

Do You Know the

Difference?

If you think your business owner’s policy or equipment coverage ensures you’ll be financially prepared for an equipment breakdown, you might be setting yourself up for disappointment. All too often, contractor insurance policies are not all-inclusive, which can leave gaps in coverage when you need help the most. Knowing what to look for when insuring your construction equipment can help you keep your project on schedule and protect your business assets.

Why You Might Not Have the Coverage You Think You Do

Insurance policies are designed to provide tailored c overage based on your unique needs. Unfortunately, this usually means you won’t find c omplete coverage for the many needs of a c onstruction firm within a single policy, so it’s possible you don’t have the equipment coverage you think you do.

Here’s what you should know.

• Commercial property insurance c overs tools and equipment you use in a primary office location or headquarters.

• Inland marine insurance c overs equipment while in transit, but not at the jobsite.

• Equipment insurance c overs damage to equipment from external events like theft, vandalism, accidents, or disasters.

• Equipment breakdown insurance covers the repair o r r eplacement of your e quipment a rising f rom m echanical o r e lectrical b reakdowns, electrical s horts, m otor b urnout, o perator e rror, etc.

• None of these policies provide full c overage for all equipment vulnerabilities.

8 Things You Should Know About Equipment Insurance

1. Your Comprehensive Policy May Not Cover Breakdowns

Many c onstruction firms invest in a business owner’s policy or c ommercial property insurance to get multi-faceted coverage. However, even a tailored policy isn’t likely to cover certain equipment malfunctions.

2. You Might Have to Pay Out of Pocket After Claim Approval

There are t wo ways insurance policies pay out

continued on page 54

Insurance Perspective continued from page 53 for the repair or replacement of c overed tools and equipment.

• Actual Cash Value (ACV): Pays for the market value of the item (cost of the item minus depreciation)

• Replacement Cost Value (RCV): Pays the amount it would take to replace the lost or damaged item

If your policy pays ACV, you might end up paying out of pocket to make up the difference necessary for replacement. Damaged or stolen rental equipment can be even more expensive if your rental agreement requires RCV.

3. Equipment Insurance Isn’t Equipment Breakdown Insurance

The names of these policies are almost identical, but the subtle distinction makes all the difference in coverage. Equipment insurance doesn’t c over the following repairs.

• Mechanical or electrical breakdown

• Explosion damage c auses by pressure vessels, boilers, or piping systems

• Electrical shorts

• Operator error

• Power surges

• Motor burnout

4. Your Extra Effort Can Pay Off

Construction sites are open spaces that require you to leave equipment unprotected, making it prone to theft. Insurers know this and some policies make provisions for insured individuals who take extra precautions. Investing in protecting your equipment with a Global Positioning System or registering it with the National Equipment Register c an pay off if your insurer recognizes your security efforts. Check to see if your insurer offers a deductible waiver if you place an electronic tracking device or chip on your equipment.

5. Shared Equipment May Not Have the Same Coverage

It’s common for contractors to lease or loan out equipment to other contractors when it’s not in use. If you rent out equipment or borrow equipment from other contractors, it’s essential to make sure your policy provides the same coverage level for equipment, regardless of ownership or where the equipment is being used.

6. Policy Limits May Not Cover Expensive Equipment

Breakdown insurance c overs mechanical failures continued on page 55

IS YOUR INSURANCE PROGRAM KEEPING PACE IN TODAY’S MARKET?

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and equipment insurance covers external damages, vandalism, and theft. However, your policies have limits that may not cover expenses for a total loss of highvalue equipment. A $10,000 policy limit is common. Check with your insurer to learn whether additional coverage is available to keep you from paying out of pocket if expensive equipment is damaged or stolen.

7. Exclusions Could Dent Your Budget

All insurance policies have exclusions that define when c overage is not applicable. For example, breakdown c overage excludes external damages or damage c aused when equipment is in transit. All equipment insurance policies exclude damages or losses that result from poor maintenance, faulty installations, and expected wear and tear. E xamine your policy exclusions c arefully and inquire about additional c overage you may need to eliminate potential gaps.

8. Vehicles Aren’t Considered Equipment

Equipment insurance c overs a wide array of items from manual tools to large machinery. However, the vehicles you use to transport staff aren’t classified as equipment. This t ypically includes work trucks, vans, cars, etc. Commercial auto insurance is required to provide coverage for these types of vehicles.

Getting the Coverage You Need

Insurance for your equipment is a vital investment that provides a layer of financial protection for costs related to mechanical issues, damage, theft, and vandalism if you have the right coverages. An insurance advisor experienced in the construction industry can help assess your unique equipment risks and tailor equipment coverages to meet your specific needs. n

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Manufacturer & Installer of Bituminous Concrete Products:

M.B.S.

Construction Services/Paving

Holden Trap Rock Co. 2077 N. Main Street (Route 122 A)

Holden, MA 01520

Tel: 508-829-5353

Fax: 508-829-9346

Berlin Stone Co.

332 Sawyer Hill Rd. (off Rt. 62 & 495)

Berlin, MA 01503

Tel: 978-838-9999

Fax: 978-838-9916

EARTHWORK

OSHA Releases Proposed Standard 29 CFR 1910.148 “Prevention of Heat Injury and Illness to Employees.”

Greetings to all as we recently completed one of the hottest summers on record, not just in New England, but across most areas of the country. For many occupations the cooler weather for fall and winter in New England will be a welcome relief. In this article, I want to present the recently published and proposed regulation for a federal standard regarding working in a hot environment whether that is outdoors or inside a building. The proposed standard will apply to all work places but may pose significant challenges to the construction industry.

On August 30, 2024, OSHA published in the Federal Register a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. This extensive 1468-page Notice outlines the background, justification, studies, etc. for needing an OSHA Standard to protect workers that are exposed to a hot working environment. The NPRM also specifies direct actions that an employer must take to mitigate heat related injuries to their employees.

Heat is the leading c ause of death among all hazardous weather c onditions in the United States. Excessive heat in the workplace c an c ause a number of adverse health effects, including heat stroke and even death, if not treated properly. According to the Bureau of Labor Statistics, 479 workers in the U.S. died from exposure to environmental heat from 20112022, an average of 40 fatalities per year in that time period. Additionally, there were 33,890 estimated work-related heat injuries and illnesses that resulted in days away from work from 2011-2020, an average of 3,389 per year in that time period. However, according to some health experts these statistics for

occupational heat-related illnesses, injuries, and fatalities are likely vast underestimates.

The proposed standard will apply to all employers with some exceptions, most notably organizations that provide emergency ser vices, search and rescue, firefighting, and emergency response. It also exempts, telework, work indoors in air-conditioned

continued on page 58

Nancy Hughes, President

OHS Training & Consulting, Inc.

Safety Corner continued from page 57

environments, and sedentary work. It also does not apply where activities have no “reasonable” expectation of exposure “at or above” the heat trigger or short duration exposures at or above the proposed heat trigger for 15 minutes or less in any 6 0-minute period.

This proposed standard, 29 CFR 1910.148 Heat Injury and Illness Prevention has taken OSHA three years to develop. Since April 8, 2022, OSHA has been inspecting potential hot worksites under a National Emphasis Program (NEP).with most citations being written under the General Duty Clause of the Regulations.

Let’s look at the key provisions in the proposed standard. I want to note here that several state OSHA plans already have a heat standard, and the federal standard has adapted some portions of these state OSHA programs.

Key Elements for construction employers to be aware of:

1. The first important element is that an employer who has workers who c ould be exposed to the proposed temperature triggers must develop a Heat Injury Illness Prevention Plan (HIIPP). This plan must be in writing and available on the worksite; Elements of the HIIPP must include:

Follow Company HIIPP when Heat Index Reaches 80 Degrees

• Describe work activity that c ould expose workers to high heat conditions.

• Designate a heat safety c oordinator(s) as needed to implement the HIIPP.

• Describe method the employer will use to identify heat conditions.

• Require mandatory buddy system or heat c oordinator monitoring of workers when working in hot environments

continued on page 59

Products

• Provide training for employees and supervisors – including annual refresher- on how to identify related signs and symptoms of heat illness and appropriate first aid responses to heat related exposures.

• Keep proper records of working and monitoring above heat trigger levels.

• Acclimatization protocols for new hires or employees away for 14 days or more.

• List of policies and actions employer will take at the heat triggers.

• The plan must be reevaluated if heat illness/injury results in death, loss time, or medical treatment. It is also to be reevaluated and updated as needed on an annual basis.

OSHA offers a sample HIIPP through its web site. I urge you to download and look at the provisions of the plan and amend it to fit your operations.

2. The new standard introduces “heat triggers” at specific heat indexes (temperature and humidity) as measured by the National Weather Service. You can obtain an app for determining the heat index on your worksite through either Google or Apple stores, and it is free. The proposed “ Initial Heat” trigger is

80 degrees fahrenheit. The “ High Heat” trigger is 9 0 degrees. Both trigger temperatures will require employers to take specific actions including:

• 15-minute paid work breaks every 2 hours.

• Have shade available for all breaks including un -

continued on page 60

Ferguson offers a complete line of products to cover all your water, sewer and storm water management needs, and our relationships with the waterworks industry’s top vendors give our customers peace of mind through unmatched customer service, on-time delivery, and industry leading ﬁll rates.

Safety Corner continued from page 59 paid meal breaks.

• Provide water o n s ite a nd accessible at a ll times.

• Provide a s upervisor o r a n e mployee t rained i n heat s afety to m onitor t he workers. M aximum of 20 employees per monitor.

The net effect of OSHA’s proposed Heat Standard w ill vary by i ndustry a nd by work l ocale. It s eems c lear t hat p aid r est b reaks a nd other h eat trigger p rotocols r equired d uring o utdoor work above 8 0 d egrees w ill e ither r educe dai ly p roduction o r r esult i n overtime r ates i n o rder to m aintain production. T hese w ill b e c osts t hat n eed to b e f actored into the job cost estimate.

In t he p ast 10 years B oston has averaged 6 6 days w here temperatures exceeded 8 0 d egrees- 16 of w hich exceeded 9 0 degrees. D allas, f or example, averaged 120 days a bove 8 0 d egrees i n t he p ast 10 years. C limate c hange s eems to b e r aising temperatures i n c ertain a reas and m ay i ncrease t he n umber of “heat trigger” days in the future.

Remember that this standard is in a comment period, and you have an opportunity to have your voice heard. OSHA is encouraging public comments on the proposed employer actions or any other parts of the recent NPRM. All comments must be received by December 30, 2024. Forms and instructions for commenting can be found on the OSHA website.

Employers n eed to start p lanning f or f ormulating, i mplementing, an d e nforcing t he eventual heat standard t hat C ongress w ill undoubtedly p ass. N obody c an really d eny t hat working i n hi gh heat i s a h azardous e nvironment that n eeds a n e mployer’s attention, inc luding s ome e nhanced protocols. M erely d rinking s ome more water i s n ot e nough to properly p rotect o ur workers f rom heat i njuries a nd i llnesses. Action should start now. n

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There’s a Case for Construction Diversity: Getting There is the Challenge

In

construction,

the phrase “it’s a man’s world” continues to hold true, on the whole. But the drive to make it obsolete continues to gain ground, and not a moment too soon. The industry could use the benefits that a level playing field creates.

Why Diversity Matters

Fostering diversity should be an industry priority given the persistent shortfall of skilled professionals across the board. Diversity in construction is most important for several reasons. First and foremost, a diverse workforce brings together individuals with different perspectives, experiences, and ideas. This diversity can lead to innovative solutions and creative approaches to problem-solving. A diverse workforce also brings together individuals with a wide range of skills, expertise, and knowledge. This can help ensure that projects are completed efficiently and effectively, with the right people in the right roles –something the industry as a whole is falling short of in almost every trade and discipline. Having a diverse workforce ensures that all individuals, regardless of their background, have the opportunity to participate and excel in the construction industry. This can help create a more inclusive and welcoming environment for all employees. And finally, research has shown that diverse teams make better decisions. By bringing together individuals from different backgrounds, experiences, and perspectives, construction companies can make more informed and well-rounded decisions that benefit the project and the organization as a whole.

Construction is short some 500,000 workers this year, “on top of the normal pace of hiring,” according to a January Associated Builders and Contractors report. No surprise, it added, that the sector’s unemployment rate remains at historically low levels, averaging 4.6% in 2023.

Its workforce today is dominated by white males, though Hispanic men represented 30% by 2020. Non-Hispanic blacks held 5.1% of construction jobs; non-Hispanic Asians, 1.8%. Women hold one in ten construction jobs, but 87% of those are office positions, 14% as staff executives and 7% as line executives. Only 2.5% are tradespeople.

Improved diversity makes for better businesses: Firms with highly diverse teams see as much as 2.5 times better cash flow per employee, 19% higher innovation revenues, and an average 19% higher EBIT margin.

Federal and many state and city-level policymakers have underscored their commitment to diversity in contracting overall by mandating that a certain percentage of winning bids go to “disadvantaged” businesses. In its $60-plus billion awarded annually on contracts, the federal government requires that at least 5% goes to minority and women/owned (MWBE) businesses. The private sector is similarly commitcontinued on page 63

Carmine Cimetti HUB International

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We understand that the issues faced by a privately held or family owned business often reverberate through the broader family dynamic, and that a clearly defined strategy for running and transitioning the business is essential for both corporate and familial harmony.

Our attorneys can assist with a variety of legal issues: including succession and tax planning issues, employment-related issues, retaining quality outside directors and advisors, and managing exit transactions.

Learn more about our offering at www.hinckleyallen.com

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617-378-4128

jdoran@hinckleyallen.com

Const. Diversity continued from page 61

ted, with over $50 billion committed to MWBEs over the next decade.

Getting There

It’s not as though the industry doesn’t understand the value of diversity. But when business is booming, the competition for skilled workers of any gender or race has never been greater. Then there’s the added pressure of an aging workforce, and the resulting loss of experienced tradespeople with skills for which the U.S. doesn’t have a deep bench.

A study this year by the Political Economy Research Institute at the University of Massachusetts Amherst found worsening occupational shortfalls in construction as the effects of new federal laws for infrastructure, clean energy, and manufacturing work through the economy. These include 91,500 first-line construction supervisors; 60,850 first-line supervisors of mechanics, installers and repairers, and 31,250 power line installers and repairers.

This makes it imperative for the industry – developers, engineering, procurement ,and construction firms and unions – to work together on both recruiting and training initiatives that will bring in people at all stages. It also creates the need to make a better case for jobs that are not typically career ambitions for youth today.

How Firms are Stepping Up

One organization identified had founded as an MBE in 2007 and today is one of the state’s largest leading diverse, full-service utility contractors. The group has a longstanding commitment to supplier diversity, mentoring and coaching MBEs and DBEs. Its process involves vetting new DBE partner candidates, evaluating capabilities against current and future needs, and matching them with executive and operational level coaches. Several have grown sufficiently to be acquired by multinational firms.

with diverse small businesses and organizations. The upshot? The partnership has helped boost its base of Hispanic workers, though it still only boasts about 10% women, according to a report in Utility Dive.

In 2021, a Minneapolis-based group created its DEI infrastructure, assessing an organization-wide assessment of processes, team members, and actions. This built on a 2015 strategy that emphasized culture and inclusiveness and made its affinity groups more robust, and has led to external partnerships designed to access and develop diverse talent. They have achieved a diversity level of 40% in its skilled craft workforce, but only 5% to 7% are women.

Ultimately, getting them is only half the battle. It will take ensuring that all these diverse new recruits are happy and thriving in the job, business and culture to get them to stay. ,

Construction projects often serve a diverse client base. Having a workforce that reflects this diversity can help construction companies better understand and meet the needs of their clients, leading to improved customer satisfaction and long-term success. n

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Harmful Algae Blooms in Fresh Water Bodies

WHAT ARE ALGAE BLOOMS?

• Algae blooms form in fresh water when cyanobacteria (blue-green algae) grow quickly and form scums or mats in the water. Some blooms can produce toxins harmful to people and animals. These are called harmful algae blooms.

• Blooms in New England are most common in summer and early fall.

HOW DO I KNOW IF THERE IS AN ALGAE BLOOM IN THE WATER?

Algae blooms can change the water’s appearance from slightly discolored to resembling pea soup or thick paint.

Blooms frequently appear blue or green but could be another color, such as brown or red. Algae blooms can also give the water a bad odor or taste.

WHAT CAUSES ALGAE BLOOMS?

• Certain environmental conditions, such as warm weather, sunlight, and excess nutrients in the water, help blue-green algae grow faster.

• Excess levels of nutrients in water bodies can come from human-related sources.

• Phosphorus and nitrogen are two important nutrients used by blue-green algae in their growth. They are found in fertilizers and human and animal waste.

• Examples of sources that can input large amounts of nutrients to water bodies are leaking septic or sewer systems, storm water runoff, lawn fertilizers, pet and wildlife waste, and agricultural activities.

WHAT ARE THE POSSIBLE HEALTH CONCERNS OF HARMFUL ALGAE BLOOMS?

Health concerns from harmful algae blooms and their toxins vary depending on the type of exposure and the amounts and types of toxin present.

• Contact with these algae can cause skin and eye irritation.

• Ingesting small amounts can cause gastrointestinal symptoms. Ingesting large amounts of toxins may cause liver or neurological damage.

• Inhaling water spray with algae in it can cause asthma-like symptoms.

• Small children and pets are more susceptible to the effects of toxins than adults. Livestock and pet deaths from ingesting algal toxins have occurred.

If you see water that appears to have an algae bloom, do not come into contact with or ingest the water. Treating water by boiling does not get rid of any toxins present. Prevent contact and ingestion by kids and pets.

Dogs can get very ill and even die from licking algae off of their fur. Rinse dogs off immediately if they come into contact with an algae bloom.

continued on page 65

MDPH GUIDELINES

• Monitoring harmful algae is important because they can multiply quickly. Because health risks rise with cell counts, the goal is to take action before levels that pose health risks are reached.

• MDPH developed a protocol for evaluating potential health concerns related to the presence of algae.

• In some circumstances, MDPH will recommend people and pets stay out of the water and that an advisory be issued.

WHEN DOES MDPH RECOMMEND AN ADVISORY?

• A visible scum or mat layer is present.

• A visible scum or mat layer is present

• The blue-green algal cell count exceeds 70,000 cells/milliliter of water

• The microcystin toxin level meets or exceeds 14 parts per billion (ppb).

WHAT CAN I DO?

• Properly maintain septic systems

• Use phosphate-free dishwasher detergent

• Apply fertilizer correctly

• Pick up pets’ waste

• Do not feed ducks or geese

• Plant or maintain native vegetation around thewater’s edge

Most storm drains empty directly into water bodies without treatment. These drains are intended to collect only rainwater. Wash your car in areas away from storm drains or at a commercial car wash. Use caution when applying fertilizer to avoid getting it on pavement, which may allow for transport to storm drains.

For More Information

For More Information or to report a bloom or health effect:

Bureau of Environmental Health

Massachusetts Department of Public Health

250 Washington Street, 7th Floor

Boston, MA 02108

250 Washington Street, 7th Floor Boston, MA 02108

Phone: 617-624-5757 | Fax: 617-624-5183 | TTY: 617-624-5286 www.mass.gov/dph/environmental_health

Phone: 617-624-5757 | Fax: 617-624-5183 | TTY: 617-624-5286

www.mass.gov/dph/environmental_health

Additional Resources:

• The microcystin toxin level meets or exceeds 14 parts per billion (ppb).

• The microcystin toxin level meets or exceeds 14 parts per billion (ppb)

WHAT CAN I DO?

• Properly maintain septic systems

WHAT CAN I DO?

• Properly maintain septic systems

• Use phosphate-free dishwasher detergent

• Apply fertilizer correctly

• Pick up pets’ waste

• Apply fertilizer correctly

• Pick up pets’ waste

• Do not feed ducks or geese

•

• Plant or maintain native vegetation around thewater’s edge

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State AGs Challenge EV Truck Mandates

Multiple States Take Aim at California, Federal Truck EV Mandates

By Todd Neeley , DTN Environmental Editor Connect with Todd: @DTNeeley

LINCOLN, Neb. (DTN) - - The Biden administration and state regulators in California have exceeded their c onstitutional authority by forcing truck fleet owners across the c ountry to transition to electric trucks, according to two federal lawsuits filed by multiple states.

Attorneys general in 24 states filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit, asking the c ourt to vacate the Biden administration's final greenhouse gas emissions standards for heavy-duty vehicles.

The rule, announced in late March, tightens emission standards for heavy-duty vehicles sold in the years 2027 through 2032. EPA officials said the rule is " technology neutral," but would avoid one billion tons of greenhouse gas emissions.

The regulation essentially mandates the use of electric-vehicle technology, according to the states' lawsuit.

Attorneys general in the case against the Biden administration include Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

The states said they intend to show the Biden administration's "final rule exceeds the agency's statutory authority and otherwise is arbitrary, capricious, an abuse of discretion, and not in accordance with law."

In addition, 16 states along with the Arizona State Legislature and the Nebraska Trucking Association, filed a lawsuit against the state of California in the U.S. District Court for the District of Eastern California, challenging the state's Advanced Clean Fleets regulation.

"In a stunning gambit that both violates the constitution and threatens our nation's economic security, an agency of the state of California has attempted to override federal law and arrogate to itself the power to ban internal-combustion engines in medium- and heavy-

More than 20 states filed two separate lawsuits challenging electric truck mandates

duty vehicles," the states said in the California lawsuit.

"This attempted ban contravenes controlling law while defying real-world reality and burdening American families and businesses, already suffering from high inflation, with even more costs. Today, internal-combustion technology powers more than 95% of medium- and heavy-duty vehicles. The alternative, battery-electric trucks, are unpopular among truck owners and operators. Battery-electric trucks are less efficient than current technology and create delays and additional costs that neither truckers nor end-consumers want to pay."

The states included in the California lawsuit include Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming.

California's law lays out a schedule requiring certain truck fleets to phase out trucks using internalcombustion technology and to replace them with certain percentages of electric trucks by certain years.

In addition, it requires fleet owners to submit annual compliance reports to California regulators. continued on page 68

The plaintiffs argue the California regulation also regulates fleet owners across the c ountry if they do business in California.

"California's regulation, which is c alled Advanced Clean Fleets, masquerades as a rule for in-state c onduct," the lawsuit said.

"But by leveraging California's large population and access to international ports on the West Coast, Advanced Clean Fleets exports its 'in-state' ban nationwide, creating harms which are certain to reach plaintiffs' states. The regulation forces truckers in and out of California to retire their internal-combustion trucks if they want to c ome to California. This will inevitably disrupt the supply chain for all manner of goods, slow interstate transportation, raise prices on goods across the c ountry, and impose c osts on taxpayers and governments around the country."

The California regulation was developed following a 2020 executive order signed by Democratic Governor Gavin Newsom that c alled for decarbonizing the transportation sector.

"To that end, the executive order exhorted various California governmental entities to take unprecedented and drastic administrative actions that Governor Newsom deemed 'necessary to c ombat the

climate crisis,'" the states said in the lawsuit.

"Governor Newsom's order singled out the trucking industry, setting several 'goals' specific to trucks. In particular, the executive order stated that it 'shall be a goal' of California that '100% of in -state sales of new passenger c ars and trucks will be zero-emission by 2035.' Referring to trucks, the order also mandated ' that 100% of medium- and heavy-duty vehicles in the state be zero-emission by 2045 for all operations where feasible and by 2035 for drayage trucks.'"

The states said their economies depend on the "flow of goods and services across state lines." They said the Constitution gives only Congress the power to regulate commerce among states.

"In creating that grant, the founders recognized that certain c ategories of c onduct are best regulated through nationwide rules," the lawsuit said.

"The Commerce Clause implies the c onverse as well: A patchwork of state-by-state regulations on some subjects would subvert the states' c ommon interest and must be prohibited."

Also see, "EPA Rolls Out World's Toughest Emission Standards for Heavy-Duty Trucks," https:// www.dtnpf.com/…

Todd Neeley can be reached at todd.neeley@ dtn.com. Follow him on social platform X @DTNeeley

Greg Norris & Doug Seyler, B2W Software a Trimble Company

Northeastern Winters: Ideal Timing for New Technology Adoption

The deep snow and freezing temperatures make winter a challenging, and often slow, time for utility contractors in the northeast. However, many contractors make lemonade out of lemons – or, snow cones out of snow – by using winter to implement, learn and maintain new technology to grow their businesses and improve profit margins.

One of the biggest software adoption challenges for utility c ontractors is time. During warmerweather months, c ontractors focus on maximizing every minute of the day – and sometimes the night too – to c omplete a multitude of utility projects on time, on budget, and before the snow flies. Winter months, however, offer the downtime needed for crews to strategically choose and implement specialty software solutions designed to gain operational efficiencies, improve profits, and mitigate costly errors.

Contractors that plan appropriately and train teams during the winter months help themselves create the time and resources needed to c omplete a full docket of summer utility projects. Consider the benefits of implementing, maintaining and strengthening technology within your c ompany during inclement weather months.

Implementation

Technology, and software especially, are far more user friendly and easier to implement, integrate and master nowadays. Still, implementing technology can require a significant time investment that should be bolstered with training. To be successful, c ompanies should take the time to do it right. Here are best practices to help ensure success on a c onstruction technology implementation.

Embrace Team Collaboration.

Instead of delegating an implementation project exclusively to executives or IT experts, involve mul -

tiple people within the c ompany. Employees with c onstruction operational responsibilities have the knowledge of business processes and challenges that the technology will address, and should be closely involved with implementation issues like database design and software c onfiguration that will ultimately determine how the technology meets their requirements. Including end users upfront in technology selection is a good idea that encourages buy-in.

Develop a Structured Review Process.

Prior to beginning, the implementation team should conduct an internal review of processes impacted by the new technology. Many contractors fall into the trap of believing that new technology will fix broken processes. Similarly, some contractors want to make new technology simply ‘support’ the way they always did things. A better approach is to review and refine pro -

continued on page 70

Technology in Const. continued from page 69

cesses to take full advantage of the new technology. Here again, winter weather months typically offer more time for strategic thinking and planning.

Set Achievable and Measurable Goals.

Contractors can be overwhelmed by the capabilities of new technology, so it’s important to set realistic goals. For many companies, gradually adding features and capabilities over time is the best approach. Use the winter downtime to work on achieving those goals.

Take Time to Train

Ask any c onstruction technology software provider about their biggest implementation challenge and you’re likely to hear, “Customers purchase software, but don’t have the time needed to learn how to leverage it.” This c an result in a frustrated c ontractor that isn’t using the technology to its full c apacity, or to an extended implementation period.

Colder-weather months are an ideal time to implement technology solutions, primarily because contractors have the time available to train office and field crews before work ramps up again in late spring.

When an online, in-person, or hybrid training approach is well organized and planned, it offers numer-

ous benefits for contractors, especially during months when they are not trying to squeeze training in around a busy work schedule. Benefits to consider include:

• Scheduling flexibility so c ontractors c an view instructional videos at a c onvenient time, and in advance of in-person or online training, so they have a head start, and the training c an focus on specific concepts that may be challenging.

• Improved knowledge retention, since training can happen in spurts instead of full-day 8 -hour training sessions. With minimal disruption to daily work responsibilities, teams have time to absorb the information, practice using the technology and c ome up with questions to ask for the next session.

In addition to implementing and learning new technology, the New England winter months are an excellent opportunity for contractors to grow their skills with existing software. Consider these examples:

• Estimating: Winter can be a busy time, developing estimates for next season; but still a good time to update data (i.e. item and c ost databases and templates) that are the foundations of estimating software. These updates lead to faster and more accurate bids when things get busy. The winter can also be a good time to refine integrations becontinued on page 71

Technology in Const. continued from page 70

tween estimating and other applications, such as accounting and performance tracking.

• Performance Tracking: Similarly, a slowdown in field operations c an create time to refine integrations related to performance tracking software and to revise c ost c ode structures to make it easier to c apture and report on work performed. Many c ontractors also use this time to get more familiar with the reporting c apabilities of the tracking application and to envision and develop new reports that can help in monitoring performance.

• Equipment Maintenance: Cold-weather months are an ideal time for setting up or updating equipment maintenance software, such as entering equipment into the database, noting repair history and warranty information, and also establishing or revising maintenance codes.

Winters in the northeast are harsh, but they also offer an excellent time to implement, learn and sharpen technology that will keep your business running smoothly throughout the year. Take advantage of the business slowdown! n

Creating Project Managers Who Can Lead Your Business

Project managers remain essential to the success of your engineering and construction firm, sitting between the field leaders and owners. The juggling act they’re asked to manage can be astounding, making sure field staff has the necessary people, materials and information to complete a job while managing changes, billing and other planning tasks at various stages of the project.

The basic techniques for managing projects scheduling, budgeting and cost tracking are well known and easily mastered. It’s harder for some to grasp the day-to-day challenges of working in the field. But to become one of the best, your project staff must learn to think and act like business owners, where their own money and success are at stake.

Understanding the underlying fundamentals of how jobs are planned, executed and what drives profit margins will help your teams maximize outcomes. But it’s more than just financial. Your project managers interact with customers daily, so clear communication and customer service are also needed.

Your construction project managers should learn to:

• Develop profitable customer relationships.

• Create powerful, integrated project teams.

• Understand financial control of projects.

• Plan projects for profits and customer satisfaction.

When it comes to training, most companies focus on skills such as technical knowledge, planning and communication. While those are also critical for job success, construction firms that are best in class go beyond the basics to help project management teams understand the full implications of their work.

For example, project managers execute change orders, which can be either a drain or boost to margins. Understanding how to clearly communicate costs and their impact on the timeline and labor expenses to owners can help everyone emerge satisfied with the process and protect the profitability of your projects. It is also critical to grasp cashflows and how billing in a timely manner generates project and company success.

But it’s simply not enough to understand the finances of each project. Your project managers need to communicate clearly and in a timely manner with field staff, involving them in critical decisions and seeking input. Integrating teams across the organization helps keep everyone on

continued on page 75

Project Managers continued from page 73 the same page, looking for ways to save time, costs and materials, while delivering the highest quality work in a safe and efficient environment.

Developing relationships with field supervisors, superintendents and others putting work in place helps project managers understand and mitigate challenges from the beginning of projects. Planning for realworld conditions and setting those expectations also helps drive better client service.

Project managers sit at the nexus of your construction company. Be sure they have the training and skills necessary to drive the best possible outcomes for all your projects.

Written by Jason Jacobson. Reprinted from FMIcorp.com n

Buyout&Subcontract

Management

Start-Up

ProjectTracking&Control

PersonalProductivity

ScheduleManagement

Quality&Safety

THE PLANNER THE BUSINESSPERSON THEPROJECTLEADER THE COMMUNICATOR

TRAIN

ContractTerms&

Billing/CashManagement

FinancialManagement

RiskManagement

JobcostAccounting

Ethics&Integrity

Verbal&Written Communications

ClientRelationships

HumanCapitalManagement

ChangeOrderManagement

PresentationSkill

CSI: Construction Scene Investigators

Are you focused on the wrong suspect?

Call it a guilty pleasure, but I have always been a fan of shows like “CSI: Crime Scene Investigation” (pick your city) and “Castle.” The show begins with a victim being found by some unsuspecting character, and as the story evolves, the cast picks up various clues that lead them to a dramatic television conclusion. Of course, during the episode, there are several twists and turns leading the investigators down rabbit trails, sometimes directing them to the wrong suspect. After an hour of superior forensics (and television magic), we find out the butler did it.

Sometimes you s ee t his s ame c ase p layed o ut in construction organizations today. There are certainly n o d ead b odies, b ut p lenty of c arnage us ually of t he m onetary variety. T he q uestion t hat r arely g ets asked i s t his: D id t he b utler (or superintendent) r eally d o i t? Put a nother way, a re leaders l ooking at t he “ murder weapon” a nd m aking i ncorrect d eterminations a nd d ecisions a bout a situation? I s t heir j udgment c louded by s omething making t he r oot c ause difficult to d etermine? B elow are s everal examples w here a k nee-jerk d ecision may h ave l ed to a n i ncorrect as sessment of i nnocence or guilt.

Case File 234 — The Curious Case of Equipment Gone Late

A l arge t rade c ontractor h as a s hop/equipment manager (John D oe). T his i ndividual i s r esponsible f or a ll s mall tools, c onsumables a nd m aterials the fi eld us es o n t heir p rojects. A fter a bout a year, there i s a g rowing s entiment t hat J ohn D oe i s “ not performing a dequately.” S uperintendents a nd f oremen a re c reating a m assive a mount of n oise a bout how t hey d o n ot g et t he t hings t hey n eed w hen t hey need t hem. Leadership i s s eriously c onsidering a replacement f or J ohn D oe, b ut s omeone d ecides to conduct a brief investigation. John Doe is asked

to t rack t he c alls h e r eceives to t he s hop a nd evaluate i f t hose c alls a re “ planned” (items n eeded i n greater t han t wo to t hree days) o r “emergency” (items n eeded i n 24 h ours o r l ess). T he t able b elow is Evidence A.

It is also interesting to note that this organization operates in a large metropolitan area where traffic is an enormous problem. A s the investigator digs deeper, it is determined that the entire fi eld team does not utilize a short interval planning process that allows them to c apture needs, c rew sizes, issues, c ontingencies, etc. Simply put, when they need something, they c all J ohn D oe and only provide him several hours of notice. W hen he c an’t make it happen, he is vilified.

Is the suspect guilty, or are the “ victims” really to blame?

Case Closed: Superintendents are found guilty of improper planning.

continued on page 78

Case File 479 — The Case of the Change Order Never Asked For

A midsized general c ontractor (Doe Construction) is losing money. The theory is that they have bad customers who take advantage of them. They pride themselves for being extremely customer-centric, so much so that it is in their mission and vision statements. Customers do express a great deal of appreciation for how well Doe performs. However, the firm c onstantly writes down their projects. One of the leaders notices there are never any change orders in the system. In fact, there is a distinct lack of reporting when it c omes to change orders globally. Yet as they dig deeper, these are all plan- and specification-type arrangements, normally characterized by errors and omissions. The graph below is Evidence B.

When questioned, project managers acknowledge the change orders but often reply with the following statements:

“Well, it was a little gray and we didn’t want the customer to be angry ”

We wanted to keep the customer happy isn’t that what we are about?”

“Sure, it was extra, but we made it go away ”

Rather than deal with change orders fairly yet firmly, these individuals chose to acquiesce in the spirit of “customer service.” Some managers may have been c onflict-averse while others wanted to look like the hero in front of the customer. Either way, the organization needed more structure that balanced customer-centricity and monetary protection.

Case Closed: Project managers were found guilty of not being project managers.

continued on page 79

Case File 3.14159265 — The Case of the Project That Bled & Never Stopped

A midsized c onstruction firm (Brand X) is losing money. More importantly, it always seems to be at the end of the project. As the leading investigators question the project teams about the end of the project, they hear some of these statements:

“We always finish on time.”

“We will never miss a deadline.”

“I’m not usually on a project at the end (I get shipped to a new project), but my assistant is the one on-site, and I’m sure they know what’s going on.”

There is a lot of evidence here. Now, it is admirable that Brand X never misses a deadline. However, what impact does that have on the project’s financials? In the mad dash to the finish line, does the firm throw money at the situation simply to get done? Additionally, what does the last statement say about how they finish? During the most critical time of the project, the person with all the knowledge is on to the new project, while their No. 2 keeps the seat warm. The c orrect answer is this: The firm should have an exit strategy to adequately plan the last phase of the

CRIMESCENEDONOTCROSS BRIMESCENT

work. If personnel are shifted, the entire team should conduct a “project exit strategy” to game it to c onclusion.

Case Closed: Leadership was found guilty of failing to implement a firmwide project exit strategy

This is a tongue-in-cheek perspective on how firms sometimes make rash decisions based on a lack of evidence, or even a lack of perspective. The conclusion for you should be to c onsider how well you address root c auses of problems and think through the appropriate solution.

If only we could fix all our problems in an hour.

Written by Gregg M. Schoppman. Reprinted from constructionbusinessowner.com n

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