Construction Outlook February 2022 by Ucane

FEB | 2022

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IN THIS ISSUE

OFFICERS President RYAN McCOURT

McCourt Construction Company

President-Elect BRIAN COONEY

C. C.Construction Inc.

Treasurer CHRIS VALENTI

GVC Construction, Inc.

Secretary QUERINO PACELLA

RJV Construction Corp.

BOARD OF DIRECTORS MARCELLA ALBANESE

Albanese Brothers, Inc.

VINCENT BARLETTA

Barletta Heavy Division

MIKE BISZKO, III

Biszko Contracting Corp.

CALVIN BRANDFORD CHB Excavating

ANDREW DANIELS

J. Derenzo Company

GEORGE DeFELICE

DeFelice Corporation

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

JOE GIOIOSO

P. Gioioso & Sons, Inc.

DAN HORGAN

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

LISA FRENCH KELLEY

W. L. French Excavating Corp.

5 President’s Message: Safety Always the Priority

7 Legislative Update: • Baker-Polito Administration Files Final Annual Budget Proposal • Joint Rule 10 Day: UCANE Priorities Advance, But Work Remains • Water Infrastructure Champion Dykema Leaving Legislature • Baker-Polito Administration Awards Grants to Help Local Communities Meet Stormwater Permitting Requirements • News in Brief 19 Legal Corner: Supreme Court Stays OSHA’s Vaccine-or-Test Mandate, But Many Uncertainties Remain 23 #InvestInWaterMA Campaign at Full Speed in 2022! 29 Under the Hard Hat: An Interview with UCANE Board Member Jim Madden, Palmer Paving Corp. 32 UCANE’s Contractor Member of the Month: Biszko Construction Corp. 39 Modern Technology Provides the Solution for Recruiting New Employees 43 UCANE’s 10th Annual Trade Show 45 Public Works Pipeline: An Interview with Joseph Flanagan, DPW Director, Town of Dedham, MA 49 Get to Know Your UCANE Associate Members: Advantage Drug Testing, Ted Dawson, Owner & President 51 Safety Corner: The ABCs of Fall Protection 53 UCANE Welcomes New Members

JIM MADDEN

55 Insurance Perspective: Driver Verification: How Massachusetts’ DVS Tracks Commercial Drivers

ROBBIE OUR

Palmer Paving Corp. Robert B. Our Co., Inc.

RICHARD PACELLA, JR. R. M. Pacella, Inc.

BRIAN RAWSTON

Jay Cashman, Inc.

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ERIK SVEDEN

Editor: Jeff Mahoney, Senior Editor: Anne Klayman, Associate Editor Suzanne Hatch, Magazine Designer/Assistant Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan Construction Outlook Chair: Ryan McCourt Editorial Board: Ryan McCourt, Brian Cooney, Chris Valenti, & Querino Pacella

Scrap-It, Inc./Minichiello Bros., Inc. C. N. Wood Company, Inc.

JORDAN TIRONE

DeSanctis Insurance Agency, Inc.

DAVID WALSH

Pawtucket Hot Mix Asphalt

JEFF MAHONEY

Executive Director

CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; Email: jmahoney@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Brockton, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

Safety Always the Priority As the 2022 construction season approaches, UCANE members should rightfully be excited about the potential work being created by the Infrastructure Investment and Jobs Act (IIJA) and the American Rescue Plan Act (ARPA). UCANE will continue to work closely with Federal, State, and local officials to make sure that the allocated funds are used, and that these critical infrastructure projects are put out to bid and completed. But in the midst of the excitement generated by the additional funds, I want to remind our readers that our member’s number one concern has been, and always will be, the health and safety of their employees. Our goal is to make sure that at the end of each workday, every employee returns home safely to their family.

here are inherent safety risks associated with construction, and even more so in the underground utility industry, with excavation and trench work part of our work every day. With the constant changes in technology, regulations, and reporting requirements, we need to continue comprehensive safety training programs for new employees and ongoing education for veteran employees. Although utility construction mostly continued as an “essential service” during the pandemic, there was a tremendous amount of uncertainty and apprehension about regulations and how jobsites could continue to operate safely. UCANE produced a model COVID-19 Safety Plan for our members to use to keep their employees safe and their jobsites open. UCANE kept our entire membership informed via email alerts of all the latest COVID related CDC, State, and municipal regulatory changes to business operations within hours of them being announced. I am very proud to say that these efforts have paid off, as members, through their diligence, have adapted to the “new normal” and continued to safely operate jobsites even as the pandemic carried on for more than two years. UCANE members are always emphasizing trench safety, so one of our largest training events we take part in is National Trench Safety Stand Down Week. This is an OSHA endorsed effort in which companies FEBRUARY, 2022

emphasize trench safety by planning a toolbox talk or other safety activity to take a break and emphasize the importance of trench safety. In 2021, 20 UCANE member firms representing over 2000 employees participated, one of the largest participations by any Association in the country. I would encourage members to join our Safety Subcommittee and participate in the variety of safety seminars UCANE offers every year. Our Safety Committee regularly hosts Peter Barletta, from the Region 1 OSHA office, to update members on the latest OSHA activity, and in particular OSHA’s new Trench Emphasis Program. Other topics included updates on the ongoing COVID regulations, DPU citations, revisions to Dig Safe Regulations, cell phone policies, and the latest information on drug and alcohol testing policies. As we return to regular in-person programming in 2022, be on the lookout for emails from UCANE for a variety of different safety seminars and topics.

In conclusion, our members’ prioritization of the health and safety of employees and jobsites is the right thing to do. The end result will be a well-trained, safe, and efficient workforce that will take pride in the important work that they need to do in 2022 and the years ahead. n

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Baker-Polito Administration Files Final Annual Budget Proposal

s the deadline for filing its fiscal year 2023 budget approached, the Baker-Polito Administration filed its final annual budget proposal in late January. According to a press release from the Governor’s Office, the $48.5 billion fiscal year 2023 (FY23) budget proposal supports economic growth across Massachusetts and sustains efforts to address the COVID-19 pandemic, while fully funding the Student Opportunity Act, and making key investments in other critical areas, including housing and health care. The proposed FY23 budget is based on the $36.915 billion consensus tax revenue estimate, which anticipates a 2.7% growth in total collections over revised FY22 tax estimates. The House 2 budget, by which the Governor’s budget is referred, includes a $749 million increase to the Stabilization Fund, which in combination with projected FY22 transfers, will grow the fund to an all-time high of $6.64 billion by the end of FY23. With a current balance of $4.64 billion, the Commonwealth’s Stabilization Fund, otherwise known as the “Rainy Day Fund,” is already more than four times greater than its balance at the start of the Administration. Key highlights in the FY23 budget include the following: • Increased unrestricted General Government Aid (UGGA) investment by $31.5 million compared to the FY22 budget, consistent with the expected 2.7% growth in tax revenue. • Restored funding for the Clean Water Trust’s Contract Assistance line-item back to $63.8 million. While the FY22 budget eventually included this funding, the Baker-Polito Administration initially proposed the line-item to be funded at $39 million. • A $4 million increase to the Department of Environmental Protection for a total of $36.2 million in new funding. • $6 million in funding for Community Compact related FEBRUARY, 2022

programs including best practices and regionalization and efficiency grants, an increase of $2.4 million (66%) above FY22. • $485 million in Chapter 70 funding, for a total Chapter 70 investment of $5.989 billion. • $440.1 million for workforce development programs and initiatives across a wide range of state agencies. • $16.9 million in total funding to continue transforming vocational high schools into Career Technical Institutes running three shifts per day to provide pathways to high-demand vocational trade careers, including plumbing, HVAC, manufacturing, and robotics. • $1.512 billion in total budget transfers for the MBTA. • $456 million for the Massachusetts Department of Transportation (MassDOT), including $95 million for snow and ice operations and $3.4 million to support implementation of new funds provided through the Infrastructure Investment and Jobs Act. • $3.7 million for climate change and adaptation preparedness. In addition to the fiscal year budget recommendations, the Baker-Polito Administration also filed a tax proposal to provide relief for housing and childcare costs, eliminate the income tax for hundreds of thousands of low-income taxpayers, and maintain Massachusetts’ competitiveness. The proposed changes would allow nearly $700 million to remain in the hands of taxpayers on an annual basis starting immediately in tax year 2022. The plan proposes to: • Double the maximum Senior Circuit Breaker Credit to lower the overall tax burden for more than 100,000 lower-income homeowners aged 65 or older. • Increase the rental deduction cap from $3,000 to $5,000, allowing approximately 881,000 Massachusetts renters to keep approximately $77 million more continued on page 9

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Legislative Update continued from page 7 annually. • Double the dependent care credit to $480 for one qualifying individual and $960 for two or more, and double the household dependent care credit rate to $360 for one qualifying individual and $720 for two or more to benefit more than 700,000 families. • Increase the Massachusetts adjusted gross income (AGI) thresholds for “no tax status” to $12,400 for single filers, $24,800 for joint filers, and $18,650 for head of households, which will provide direct relief to more than 234,000 lowincome filers. • Double the estate tax threshold and eliminate the current “cliff effect” that taxes the full amount below the threshold. • Change the short-term capital gains tax rate to 5% to align the Commonwealth with most other states. To review the Governor’s filing letter, budget message, and specific line-item information, please visit: https://budget.digital.mass.gov/govbudget/fy23/ appropriations/.

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Legislative Update continued from page 9

Joint Rule 10 Day: UCANE Priorities Advance, But Work Remains

he month of February saw the Massachusetts legislature reach its first mandatory deadline for reporting on legislation before it: Joint Rule 10 Day. Under the Joint Rules adopted by the House and Senate, all joint committees of first referral for legislation must take action on legislation before them by the first Wednesday of the second month in the second year of the two-year session. (February 2). The rule, which was moved forward from its historical day in March at the start of the 2017-2018 legislative session, significantly whittles down the number of legislative initiatives the body can consider before the end of formal sessions on July 31. For non-controversial matters, the deadline for passing legislative matters is technically January 3, 2023. A number of matters, which UCANE supports, were advanced at or before the legislative deadline. An Act Relative to the Timely and Consistent Payment of Law Enforcement Personnel (HB2568), which received a favorable report from the Joint Committee on Public Service, currently sits before the House Committee on Bills in 3rd Reading. Meanwhile, An Act Relative to Improving Public Safety in Excavation (HB3265) was held on extension from the Joint Committee on Telecommunications, Utilities and Energy, while its Senate counterpart (SB2293), received a favorable report from the Joint Committee on Transportation. UCANE’s water infrastructure funding initiative,

SB505, received a favorable report from the Joint Committee on the Environment, Natural Resources and Agriculture. Finally, the Joint Committee on State Administration previously issued a favorable report to UCANE’s legislative effort to increase competition in the constructing or renovating of water treatment plants (SB2122/HB3220), which sit before the respective Committees on Ways and Means. While UCANE was pleased that certain legislation was able to move favorably from Committee, our Association remains vigilant about other important legislation that could impact the construction industry. The Joint Committee on Labor and Workforce Development continues to hold wage theft legislation under an extension with the expectation that amended legislation will be released shortly. Additionally, legislation changing the common law definition of fraud; restructuring MBE/WBE requirements, as well as impacting construction vehicles received favorable reports from a variety of committees. As the legislative session continues to pick up pace, expect more information about these and other matters. Be prepared to act if contacted by our Association. Again, formal legislative sessions end on July 31, 2022 with informal sessions continuing through the end of the year. To review UCANE’s filed matters, please visit: https:// malegislature.gov/Bills and enter the bill number of interest.

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Legislative Update continued from page 11

Water Infrastructure Champion Dykema Leaving Legislature

ongtime water infrastructure champion, Carolyn Dykema, a seven-term State Representative announced her plans to resign her position for a job in the solar energy industry. The current House Chair of the Joint Committee on the Environment, Natural Resources and Agriculture, Representative Dykema will join a number of her colleagues who have left the Massachusetts legislature this session. In taking the position as Northeast Policy Director at Nexamp, Chair Dykema will work to expand the presence of solar power throughout New England by advocating for solar friendly policies throughout the region. Elected to the House of Representatives in the fall of 2008, Representative Dykema represented the residents of the Massachusetts 8th Middlesex District, which includes the communities of Holliston, Hopkinton, Southborough, and precinct 2 of Westborough. Prior to entering the legislature, Representative Dykema worked as a marketing professional in the fields of financial services and environmental consulting. She became engaged with local government in 1999 with an appointment to the Holliston Sewer Action Committee, and has since served continuously in public service at both the local and state levels, including service on the Holliston Planning

Board, MetroWest Growth Management Committee, and State Energy Facilities Siting Board, to which she was appointed by Governor Patrick in 2007. For UCANE’s purposes, Chair Dykema was the CoChair of the important Water Infrastructure Finance Commission of 2012, which studied the Commonwealth’s water infrastructure needs. Having identified the Commonwealth’s $18 billion to $21 billion water infrastructure funding gap, excluding stormwater management costs, Chair Dykema was instrumental in then publicizing these findings before local, state and federal officials. Subsequent to her Chairing the WIFC, Representative Dykema was a key voice in the passage of Chapter 259 of the Acts of 2014, An Act Improving Drinking Water and Wastewater Infrastructure. She then sponsored and led water infrastructure efforts to improve awareness and the action needed to close the water infrastructure gap. UCANE greatly appreciates the dedication and work of Chair Dykema and her staff over the years. Whether discussing efforts to address water infrastructure funding or any number of issues, Representative Dykema was a thoughtful and conscientious team-builder. UCANE wishes her the best of luck in her new endeavors! continued on page 15

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Legislative Update continued from page 13

Baker-Polito Administration Awards Grants to Help Local Communities Meet Stormwater Permitting Requirements

he Baker-Polito Administration announced that it has awarded $288,570 in grants to five multi-community stormwater coalitions across Massachusetts to help local cities and towns in meeting existing and upcoming stormwater management requirements. The projects, selected by the Massachusetts Department of Environmental Protection (MassDEP), were awarded to the Statewide Stormwater Coalition, the Merrimack Valley Planning Commission, the Charles River Watershed Association, the Massachusetts Maritime Academy, and the Mystic River Watershed Association. The funding will enable Massachusetts municipalities to expand their efforts to meet Municipal Separate Storm Sewer System (MS4) permit requirements and reduce stormwater pollution through coordinated partnerships that emphasize resource sharing. There are more than 260 Massachusetts municipalities subject to the current MS4 permit, issued jointly by the U.S. Environmental Protection Agency and MassDEP, which took effect on July 1, 2018. Permit requirements that the MS4 communities must meet include the development and implementation of a public education program, adopting more stringent local development rules, locating and removing pollutants that are illegally entering municipal stormwater systems, and installing stormwater management systems. The groups receiving funding are: • Statewide Stormwater Coalition ($75,000). The Statewide Stormwater Coalition has developed a successful education and outreach program for more than 190 municipalities that satisfies one of the control measures required of the 2016 MS4 permit. • Merrimack Valley Planning Commission ($65,000). The Merrimack Valley Planning Commission will collaborate with Greenscapes North Shore Coalition, which includes the Ipswich River Watershed Association and Salem Sound Coastwatch, to carry out local code review for 29 municipalities and identify how creation of impervious cover can be reduced and low-impact development can be promoted as part of development projects. • Charles River Watershed Association ($49,470). The Charles River Watershed Association will host a series of four workshops that focus on the use of the Phosphorus Control Plan templates that were developed under this grant program in fiscal year 2021. FEBRUARY, 2022

•

Massachusetts Maritime Academy for Buzzards Bay Stormwater Collaborative ($69,000). The Massachusetts Maritime Academy will build on work carried out under the fiscal year 2021 grant that supported training of municipal staff in the use of their shared trailer outfitted for illicit discharge detection. • Mystic River Watershed Association ($30,100). The Mystic River Watershed Association will support an Adopt-A-Drain program for 13 municipalities in its watershed as part of an education and outreach program to engage residents, organizations, and neighborhood groups in stormwater education and management. The grants are funded through the Commonwealth’s fiscal year 2022 capital plan’s MS4 Municipal Assistance Grant Program. For more information on the MS4 permits and their requirements, https:// www.epa.gov/npdes-permits/massachusetts-smallms4-general-permit. continued on page 17

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Legislative Update continued from page 15

News in Brief

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Regulations Requiring Public Notification of Sewage Discharges into Waterbodies Finalized. Final regulations establishing rules and procedures requiring permittees to notify the public of untreated or partially treated wastewater, including discharges caused by weather events, into the Commonwealth’s surface waters were finalized in January. Notifications must be issued within two hours of the discovery of the discharge to specific local, state, and federal government agencies, as well as to any individual who has subscribed to receive such notifications. The regulations also require notifications to be sent to the two largest news organizations that report on local news in nearby communities and be published on permittees’ websites. The draft regulations went out for public comment in early October 2021, with two public hearings held in late October. The final regulations were the result of extensive public comments from watershed advocacy organizations, municipal wastewater officials, and municipal health officials. For more information about the sewer discharge regulations, please visit: https://www.mass.gov/regulations/314-CMR1600-notification-requirements-to-promote-publicawareness-of-sewage-pollution.

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Treasury Department Issues Overview of Final Rule on ARPA Spending. The United States Department of the Treasury issued an overview of its Final Rule on the Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan, which delivers $350 billion to state, local, and tribal governments across the country to support their response to, and recovery from, the COVID-19 public health emergency. The Overview of the Final Rule provides a summary of major provisions of the final rule for informational purposes and is intended as a brief, simplified user guide to the final rule provisions. The descriptions provided in the document summarize key provisions of the final rule but are non-exhaustive, it does not describe all terms and conditions associated with the use of SLFRF, and does not describe all requirements that may apply to this funding. Any SLFRF funds received are also subject to the terms and conditions of the agreement entered into by the Treasury and the respective jurisdiction, which incorporate the provisions of the final rule and the guidance that implements this program. To review the overview, please visit: https://home.treasury.gov/ system/files/136/SLFRF-Final-Rule-Overview.pdf.

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Commonwealth Revenue Continues Upward Trend. Massachusetts Department of Revenue (DOR) announced that preliminary revenue collections for January 2022 totaled $4.026 billion, which is $679 million or 20.3% more than actual collections in January 2021, and $856 million or 27.0% more than benchmark. According to the DOR, the increase in collections is due in part to the recently-enacted elective pass-through entity (PTE) excise, which allows members of a PTE to avoid the federal limit on the deduction for state and local taxes by electing to pay tax on the PTE’s income at the entity-level, and then claim a credit equal to 90% of the PTE excise paid. FY22 yearto-date collections totaled approximately $21.872 billion, which is $4.219 billion or 23.9% more than collections in the same period of FY21, and $1.450 billion or 7.1% more than year-to-date benchmark. FY22 year-to-date collections were also impacted by the PTE excise. After adjusting for PTE excise payments, FY22 year-to-date collections are $2.982 billion or 16.9% more than collections in the same period of FY21 and $794 billion or 4.0% more than the year-to-date benchmark. January is a significant month for revenues because many personal income taxpayers are required to make quarterly estimated payments. Historically, roughly 10.2% of annual revenue, on average, has been received during January. n

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Supreme Court Stays OSHA’s Vaccine-or-Test Mandate, But Many Uncertainties Remain One of the most expansive components of President Biden’s “Path Out of the Pandemic” action plan was a directive that OSHA develop a new rule applicable to all employers with 100 or more employees requiring employees to either: (1) get vaccinated; or (2) test weekly for COVID-19. OSHA did so, issuing an emergency vaccine-or-test mandate in the fall of 2021. If upheld, this Emergency Temporary Standard (ETS) would have applied to roughly 84 million workers. Federal and state contractors were understandably uneasy about this new rule, which faced immediate challenges in the courts.

Current Status of OSHA’s Vaccine-or-Test Mandate On January 13, 2022, the Supreme Court stayed the OSHA ETS in a 6-3 majority decision, concluding that it likely exceeds OSHA’s statutory authority. Although OSHA acknowledged that its authority is limited to “work-related dangers,” OSHA argued that “COVID-19 qualifies as such a danger.” The Supreme Court disagreed, concluding that COVID-19 is not just an “occupational” hazard, it is a “universal” one. The Court reasoned that “[p]ermitting OSHA to regulate the hazards of daily life – simply because most Americans have jobs and face those same risks while on the clock – would significantly expand OSHA’s regulatory authority without clear congressional authorization.” Despite staying the ETS, the Supreme Court acknowledged that “targeted regulations are plainly permissible.” According to the Court, the Secretary of Health and Human Services may impose strict vaccination conditions on certain healthcare facilities “in the interest of the health and safety” of patients. FEBRUARY, 2022

As a result, the Court’s stay of the ETS does not prevent OSHA from pursuing a more targeted approach to carry out the Administration’s “Path Out of the Pandemic” plan. In fact, although OSHA has now withdrawn the ETS, OSHA has signaled its intention to use that same ETS as the basis for a newly proposed permanent rule pursuant to applicable administrative law processes. It is not yet clear how OSHA will modify continued on page 21

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Legal Corner continued from page 19 the ETS to create a permanent rule that can withstand further court challenges. However, if OSHA intends to use the ETS as the basis for a new agency rule, any permanent standard must be a “logical outgrowth” of the ETS to be valid under the Administrative Procedure Act. Presumably, OSHA will attempt to limit the ETS in some manner as it pursues a new permanent COVID-19 rule. However, details of OSHA’s plans are presently unknown.

Other Governmental COVID-19 Considerations Employers should continue to be vigilant when it comes to their COVID-19-related practices and procedures. Notwithstanding the Supreme Court’s decision, OSHA retains its oversight authority when it comes to workplace safety. OSHA is expected to continue to inspect worksites for COVID-19 safety standards in light of, among other things, an employer’s general duty to maintain a safe work environment. OSHA continues to recommend that: workplaces are properly ventilated; workers keep safe distances and practice mask-wearing; and employers track on-thejob COVID-19 exposures. It is also important to note that, while the Supreme Court stayed the OSHA ETS, the Supreme Court did not stay the healthcare worker vaccine mandate. Generally speaking, this mandate requires full vaccination (with no testing option) of staff working for healthcare providers funded by the Centers for Medicare and Medicaid Services. In addition, the Supreme Court did not directly address the separate federal contractor mandate, which remains in a nationwide stay pending judicial review. Similarly, the Supreme Court’s decision did not apply to state-imposed COVID-19 requirements and workplace safety plans. As a result, employers must continue to abide by applicable state-level requirements.

Conclusion Although OSHA’s vaccine-or-test ETS has effectively come to an end, the federal government’s efforts to pursue vaccination requirements has not. The Supreme Court’s decision has not stopped OSHA from pursuing other avenues in an attempt to implement COVID-19-related requirements on employers on a broad scale. As always, contractors will need to remain cognizant of potential changes and take appropriate planning steps to ensure compliance with any upcoming rules. n FEBRUARY, 2022

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#InvestInWaterMA Campaign at Full Speed for 2022! As we move into 2022, big decisions are getting made at the Federal, State, and local levels about where to invest millions of dollars in now available infrastructure funding. Our UCANE-led #InvestInWaterMA campaign has ramped up to full speed to make sure water, sewer, and stormwater infrastructure are front and center in the debate, and that “out of sight” won’t mean “out of mind.” You can help support and grow our campaign by liking and sharing our social media content with all your business associates, local officials, and friends! Here’s a look at some of our what we’ve been up to:

Getting Our Message out to Pats Fans, Route 1 Drivers Starting in late December, tens of thousands of daily motorists, including many headed to late-season New England Patriots games, saw our #InvestInWaterMA message on this digital billboard next to Route 1 South in Sharon. Through a partnership with Carroll Advertising, UCANE was able to get our message in lights, literally, that “Water & Sewer Infrastructure = Safe and Strong Communities.” Both State House News Service and local Patch news sites published stories about our billboard, giving it even more statewide reach and impact. Our PR partners, Denterlein in Boston, also designed the billboard for us. If you have an “in” with an outdoor advertising agency in other parts of Massachusetts who might offer us an affordable rate to share our message elsewhere around the state, please let us know!

Watch and Share Our #InvestInWaterMA Video #InvestInWaterMA has our own video! UCANE’s Immediate Past President Marcella Albanese (Albanese Brothers, Inc.), and Rob Kenyon, also with Albanese Brothers, and UCANE Executive Director Jeff Mahoney star in this professionally filmed new twominute video ad. This ad shows skilled crews hard at work installing underground utilities, and makes clear what a critical role they play in bringing people clean and safe water, protecting public health, and supporting continued on page 25

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#InvestInWater continued from page 23 smart growth and economic development. As Jeff says: “It all starts from the ground up.” Go to www.ucane.com to view the entire video and share on social media.

New Op-Ed From Two Powerful Supporters Two of Massachusetts’ most respected and influential trade associations, the Massachusetts Biotechnology Council (MassBIO) and NAIOP Massachusetts, The Commercial Real Estate Development Association, have signed on as members of the #InvestInWaterMA coalition. Working with our #InvestInWaterMA coalition team, in January, their CEOs, Joe Boncore and Tamara Smalls, wrote and published an op-ed in Banker & Tradesman, the prestigious statewide real estate publication that is closely read by public officials and industry leaders. Drawing on the importance of clean, reliable water sources to life scienc-

es and many other industries, Joe and Tamara make their case for why they agree water and sewer infrastructure funding has to be “at the top of the list.” The full column can be found at https://www.bankerandtradesman.com/investing-in-water-infrastructure-has-to-beat-the-top-of-the-list/

A Playbook for Local #InvestInWaterMA Campaigns Spring will soon be here, and across Massachusetts, that means the beginning of “town meetcontinued on page 27

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#InvestInWater continued from page 25 ing season” when voters in communities across the Commonwealth gather to decide whether to approve spending on projects including water and sewer infrastructure. There will also be many City Councils and Boards of Selectmen voting on whether to commit municipal funds to assure that promised assistance from the Massachusetts Clean Water Trust for their local projects will be available to them. To help our supporters at the city, town, and water-sewer district level, UCANE’s worked with our consultants at Denterlein to prepare a “local campaign playbook” with tips and advice on how to mobilize your supporters to win approval at the municipal level for much-needed water, sewer, and stormwater infrastructure projects. From telling the most compelling story you can about the projects you want people to support, to the basics of social media and winning positive coverage in the local press, this easy-to-use playbook has advice, rules of the road, and checklists to make your local #InvestInWaterMA campaign a success. To request a copy, please reach out to Jeff Mahoney at UCANE at jmahoney@ucane.com.

We’re Only Getting Started, and Welcome Your Ideas! Thank you for taking the time to read about our latest #InvestInWaterMA campaign activities, and we hope you will look for much more, which will be coming your way. Beacon Hill leaders still have hundreds of millions of dollars of funds left to allocate for infrastructure projects in 2022, and we will be fighting every day to make sure that critical water, sewer, and stormwater issues remain front and center in the discussion. And remember, the battle isn’t won once the Legislature and Governor sign off on funds…we still need your help to win the local approvals that get the money out the door and the work on the street (and under) the ground. Wherever you see an opportunity for the #InvestInWaterMA Campaign to make a difference in getting important projects going, please don’t hesitate to reach out to jmahoney@ucane.com or to UCANE@denterlein.com n

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with UCANE’s Officers and Board Members Please give us some information on your background and tell us how you started in the construction business? I received an Associate’s Degree in Civil Engineering Technology from Springfield Technical Community College in 1987. My first job in the business after graduation was with Gagliarducci Construction in Springfield. During my career I also worked for several other contractors including Northeast Contractors, P.F. Civetti, and O & G Industries in Connecticut, before going to work for Palmer Paving in 2003.

UCANE Board Member Jim Madden Palmer Paving Corp.

How long have you been with Palmer Paving Corp., and what is your role in the company?

ing sure both the quantity and the quality of the work maintain the high standards that Palmer has always been known for.

I have been at Palmer Paving for 18 years, where I started as a Project Manager. In 2012 I became the Chief Estimator for the Construction Division. In 2018 Palmer Paving was purchased by Peckham Industries, another family business based in New York. Both Palmer and Peckham are predominately in the road construction and paving business and the acquisition was mutually beneficial. At Palmer, we saw very little change in our operations or in personnel, and we continue to function as an independent arm of Peckham where we are responsible for our own bottom line.

What types of construction does Palmer Paving specialize in, and in what areas of New England do you pursue this work?

As of January 1, 2022, I accepted my current role as General Manager of the Palmer Construction Division. As such, I wear a few more hats every day, managing about 150 employees and makFEBRUARY, 2022

Palmer Paving is one of the leading producers of hot mix asphalt in New England. We manufacture high quality hot mix and warm/cold asphalt meeting DOT specs for Western Massachusetts, North Central Connecticut, and North East Connecticut. We have batch plants in Palmer, Springfield, Easthampton, and Barre, MA. We also accept rap for recycling and are one of the largest aggregate suppliers (stone, sand, gravel, loam, etc.) in Western MA. continued on page 31

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Under the Hard Hat continued from page 29 Our construction division self performs all types of highway construction and paving projects at the federal, state, and municipal levels. We also serve the private sector and bid on parking lots and subdivisions. Our headquarters is in Palmer, MA where we do our estimating and also do some equipment sales and rentals. We pursue road projects in Massachusetts west of Worcester and in the Central and Northern parts of Connecticut.

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

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

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

How long has your company been a UCANE member, and why did you decide to volunteer to serve on the UCANE Board of Directors? Palmer Paving has been a UCANE member since 2010. I’ve attended many UCANE events over the years and have been impressed every time. They really seem to be on top of just about everything that goes on that affects our business. I decided to volunteer for the Board so I might give back something to the industry that has given me and my family so much over my career. Between COVID-19 issues and supply chain problems, 2021 was certainly a challenging year for contractors. How do you see the New England horizontal and heavy construction market shaping up for 2022, and what are the biggest challenges contractors might be looking at in 2022?

Many of our challenges moving forward appear to be a Water Works Specialist John Hoadley and continuation of Sons thoseInc. we faced Water Works Specialist Tel:781-878-8098 Fax:781-878-5298 Water Works Specialist in 2021. It appears that COTel:781-878-8098 Fax:781-878-5298 Tel: 781-878-8098 Fax: 781-878-5298 VID-19 and its multiple vari“Our Products Are the Most Trusted Names in the Industry” “Our Products Are the Most Trusted in the Industry” ants willNames continue to dog us in “Our Products Are the Most Trusted Names in the Industry” � U.S. Pipe ● Cultec Chambers � U.S. Pipe ● Cultec Chambers 2022, creating short-handed � Mueller Fire Hydrants ● National Pipe & Plastics • U.S. Pipe • Cultec Chambers Mueller Tapping Sleeves & Valves ● ADS Pipe & Chambers and impactcrew problems � Mueller Fire & Plastics • Hydrants Mueller Fire Hydrants ● National •Pipe National Pipe�� &Smith Plastics Blair Clamps & Couplings ● General Foundry Castings ing schedules. I think we will � Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers • Mueller Tapping Sleeves & • &ADS Pipe & Chambers Mechanical Services � Tapping Sleeves & Gates Installed / Cut continue to see supply short• Clamps Smith & Blair Clamps & Couplings • General Foundry Castings � Smith Blair Couplings ● General Foundry Castings � Line Stop / EZ Valves ages in both materials and Mechanical Services � Cutting of Chilled Water Lines & Steam Lines Mechanical Services � Pressure Testingequipment & Disinfection of New Mains parts, along with � Tapping Sleeves & Gates Installed / Cut � Installation & Testing of Backflow Preventers 24 Hours • Tapping Sleeves & Gates Installed / Cut escalating material esSales&prices, Service � Large Diameter Hydraulic Pipe Cutting � Line Stop / EZ Valves Serving all of • Line Stop / EZ Valves � Hydrant Installation & Repair pecially for fuel and liquid asNew England � Cutting ChilledWater WaterLines Lines&&Steam SteamLines Lines � Electronic Leak Detection • Cutting of of Chilled phalt. Labor shortages have “Water-Sewer-Drain Supplies at a Competitive Price” • Pressure Testing &&Disinfection � Pressure Testing DisinfectionofofNew NewMains Mains been with us for a while and www.hoadleyandsons.com • Installation && Testing ofof Backflow � Installation Testing BackflowPreventers Preventers 24 24Hours Hours672 Union Street Rockland, MA 02370 vaccine mandates are exacer• Large Diameter Hydraulic Pipe Cutting Sales& Service Sales & Service � Large Diameter Hydraulic Pipe Cutting bating that problem. • Hydrant Installation & Repair Serving ofof Servingallall

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UCANE Contractor Member of the Month

Fall River based contractor with a long history prepares to enter the fourth generation. Family run business expands and diversifies operations while maintaining a mix of horizontal and vertical projects.

(L-R) Forth Generation Biszkos, Stephen, Michael III, and Thomas

History – Beginnings UCANE member Biszko Contracting Corp. had very humble beginnings, not unlike many other UCANE contractors whose founders came to America seeking to provide better lives for themselves and their families. After immigrating to the United States from Eastern Europe in 1912, with limited education and even less money, first generation founder Tydor Biszko came here ready for hard work and a strong desire to learn. A skilled carpenter, Tydor settled in Fall River, Massachusetts and was quick to put his talents to work. He went into business for himself doing carpentry in 1917. It wasn’t long before Tydor’s four sons were working with him in the family business: Mike Sr., Joe, Ray, and Jake. The Biszko Brothers’ emphasis in the early years was in commercial and residential building construction. Tydor’s untimely passing in 1937 was a blow to the business, but his four sons were determined to carry on. Working primarily in Southeastern Massachusetts and Rhode Island, the young company was even winning

some military work building Quonset huts at the Naval Station in North Kingstown, RI, when business was suddenly interrupted by World War II. Three of the brothers joined the military, beginning with Mike Sr. who enlisted into the U.S. Navy’s Construction Battalion – better known as the Seabees – and deployed in the Pacific Theater. Creating roads, bridges, and landing strips ahead of combat troops, the Seabees became renowned for their resourcefulness and for the art of building infrastructure by whatever means or unorthodox methods might be required. The combination of bulldozers, pontoons, and steel, mixed with with ingenuity and elbow grease became synonymous with the Seabees, so you can see why a Biszko would have enlisted! Ray was a Corporal in the Mobile Repair & Reclamation Squadron with the Army Air Forces throughout Europe, while Jake enlisted in the Engineering Battalion also in the European Theater. The fourth brother, Joe, stayed in Fall River and maintained the family business throughout the war, doing both government and private

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10-Inch Cast Iron Water Main Before and After Cement Lining Process, Pawtucket, R.I.

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work. The War took a tragic toll on the Biszko family as Ray and Jake both returned with injuries that followed them for the rest of their lives. After the War, Mike Sr. returned home to help Joe carry on and expand the Biszko Brothers business.

Second Generation Trying Times, but Steady The two brothers were successful at growing the family business through the 50s and 60s. When Joe retired from the business in 1967, Mike Sr. took the reins. The work continued to be primarily vertical construction, but the company did begin to diversify and added some site preparation and underground work to their resume. By the mid 60s Mike Sr. had sons Alan and Mike Jr., working with the company after school and on weekends. Mike Sr. insisted that his sons get a college education, and both graduated with engineering and construction management degrees. As the second-generation owner, Mike Biszko Sr. was excited that his sons had secured college degrees and hopeful that they both would want to accompany him in the family business. Eldest son Mike Jr., at first, did not follow the script. Upon graduation from UMass in 1970, he decided to pursue his Professional Engineer license while also working for Stone and Webster Engineering in Boston. After three years he took a position as Water Superintendent for the City of Fall River. Mike Jr. eventually began working full-time with the family business in 1978 with his P.E. in Structural Engineering under his belt. Younger son, Alan, fresh from getting his Construction Management Degree in 1972, was eager to put his education and skills to work with the Biszko Companies and started that same year. continued on page 34

FEBRUARY, 2022

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Biszko Companies continued from page 33 The year 1972 also saw the issuance of the Federal Clean Water Act and by the mid 70s, there was a national priority and massive federal investments being put into sewer and water projects throughout New England. Fall River, as a waterfront City, and with an aging infrastructure, was in a prime position for federal funds. Mike Biszko Sr. followed the money and the company began a shift towards more underground utility work, all the while maintaining a presence in commercial and residential building.

Third Generation Biszko Contracting Corp. “Through my experience as Fall River’s Water Superintendent, I saw the benefits of mechanical cleaning and lining of old cast iron mains,” recalls Mike Jr. “I knew this method was going to become more popular with cities and I knew we could do this work. I convinced my father to both build and purchase all the specialty equipment and this soon became a major part of our overall operation,” he continued. Biszko Contracting Corp. was formally established in 1975 and soon became a force in the cleaning and lining business throughout New England.

Water Main Cement Cleaning and Lining Process, Fall River, MA

In 1983, Mike Biszko Sr. passed away after 45 years of hard work in the construction business. Nonetheless, Mike Jr. and Alan were well-taught businessmen by then, with Mike Jr. handling the estimating and project management, while brother Alan headed-up the field operations. For the next 20 years, underground work, in particular, cleaning and cement lining of old water pipes, as well as, new water main construction, represented the majority of the revenues generated by Biszko Contracting Corp. The brothers also kept their hands in vertical construction with Mike Jr’s P.E. stamp at the ready for design/build opportunities whenever they appeared. Bidding work mostly within 50 miles from their Fall River office, the brothers were not afraid to venture out further if the right opportunity arose. “In the late 90s we traveled to Washington D.C., New York, and further for some large diameter lining jobs,” said Alan. “They were tough projects, but we got through them. We came back a little bruised, but a lot smarter.” Alan is quick to give credit for the company’s success to its employees. “Over the years,” says Alan, “we have been blessed by having great construction people working for us. I have been proud to work in the field alongside some of the best talent in the lining business. We took some risky work at times, but our crews always got it done.” During the 80s and 90s, as both Mike Jr. and Alan were growing their business, they were also growing their families. By the year 2000, Mike Jr.’s son (Mike III) and Alan’s two sons (Tom and Stephen) were familiar faces during summers and after school, working in the garage

Cook Pond Boat Launch Facility, Fall River, MA

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FEBRUARY, 2022

or visiting the jobsites. Their fathers made sure the boys learned the business from the ground up. From operating brooms and shovels, they all advanced to loaders, 10-wheel dump trucks, and excavators while still teenagers. By the time Mike III, Tom, and Stephen graduated from college, they all had their hoisting and CDL licenses.

Fourth Generation

Quequechan River Rail Trail – wetland crossing under construction, Fall River, MA

Quequechan River Rail Trail at completion.

in the

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Like their fathers before them, Mike Biszko III and his cousins Tom and Stephen had a natural inclination toward engineering and construction. Mike III graduated from UMass with a degree in Civil Engineering, Tom obtained a degree in Construction Safety Studies from Keene State College, and Stephen a degree in Construction Management from Wentworth Institute of Technology. All three were anxious to jump into the family business upon graduation from college. Under their fathers’ watchful eye, the youngest Biszko men were quick learners and took on ever increasing responsibilities. As of this writing, each one of them has between 15 and 20 years of handson experience and hold key positions in the company. According to Mike Biszko Jr., “My brother Alan and I couldn’t be more proud of how our sons have progressed in this business. They have expanded our company’s capabilities, challenged us, and moved our business to new levels. Alan and I have been at this for a long time. We are looking to step back a bit and we have extreme confidence that our sons are more than up to the task.” Since the youngest Biszkos have been active, the company has taken an interest in heavier civil work including pile driving and marine work. They recently comcontinued on page 37

Fall River City Pier Construction, Fall River, MA

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Biszko Companies continued from page 35 pleted a total restoration of the City Pier in Fall River, MA valued at $6M and have completed multiple boat ramp replacements requiring steel cofferdams and dewatering. They have also expanded their capabilities in sewer and water treatment projects and mechanical systems, recently completing a massive Amphidrome Wastewater Treatment System in Swansea, MA and a total mechanical rebuild of the Forges Field Pump Station in Plymouth, MA. Biszko also completed a 300,000 gallon elevated water storage tank in Barnstable, MA and has a 40,000 square foot commercial building under construction at the Fall River Industrial Park. The company is the general contractor for all of the vertical construction, as well as the complete sitework packages. Mike III, Tom, and Stephen Biszko are hard guys to slow down, even for this interview. With several projects

still running through the winter, they all wear multiple hats, with Mike III handling much of the management and estimating work, Tom focusing on field operations and production, and Stephen balancing his time between the office and the field. Quoting the office staff, “We need our heads on a swivel to keep up with these guys!” According to Mike Biszko III, “My cousins and I are fortunate that our fathers were good stewards for the family name and even better teachers for the three of us. We all love to be at full tilt in this business and we have been given a lot of leeway. We’re excited to move this company forward, but we want to make sure Mike Jr. and Alan don’t give up their cell phones any time soon!” Despite the attention to daily work and detail that consumes the Biszkos, Mike III, and Stephen have found time to be active in the industry with Mike III in his third year as a member of the UCANE Board of Directors and Stephen active on the Safety Committee.

Sliplining of old 24-inch Cast Iron Pipe with new 18-inch PVC Pipe, 4,300 foot continuous pull, Bristol, RI

UCANE is proud to count Biszko Contracting Corporation as a long time member. We congratulate them for being in business for over a hundred years and we wish them continued success in the years ahead! FEBRUARY, 2022

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Modern Technology Provides the Solution for Recruiting New Employees Attracting qualified candidates & building a culture to keep them

Employees are the backbone of every company, no matter what industry they are in. To create a culture of top-notch results, a company must have high-quality employees at the helm. It takes a companywide effort, from the executives to the bottom line, to make a company successful. To acquire those standout employees, a company must recruit at a high level.

n the construction industry, recruiting is more important now than ever before. In 2021, turnover rates were historically high. According to a Microsoft report, 41% of the global workforce is likely to consider leaving their current employer within the next year. Businesses are like machines that you work on and build up to generate consistent revenue, and when you lose team members, the machine slows down. Therefore, it’s important for businesses to constantly reinforce the importance of internal recruiting. Encouraging employees to apply for new roles creates a path to career growth within the company. It is likely these individuals will stay with the organization longer because they know there are opportunities for more money and new responsibilities. Internal recruiting also means encouraging employees to refer and recruit high-performing candidates outside of the organization that could provide solid results. While referrals may be a good tool for contractors to identify potential hires, keeping a prospect’s attention could prove to be more difficult. That’s where technology begins to play a major role in the modern workforce. With the workforce changing and skewing toward younger generations, the desire for technology could provide the basis for an individual’s interest in joining your company.

Technology & Recruiting While there are plenty of software programs that can assist human resources (HR) departments in finding the right candidates for a position, the ability to use modern technology while on the job can be FEBRUARY, 2022

a motivating force for potential candidates. For estimators, project managers, and others in charge of getting work done, it’s important to offer up to date technology solutions for employees to learn and engage with. Using modern technology can bring efficiency and add value to the operation, but it can also be a tool for recruiting. New hires want to have the opportunity to grow in their career, not just in title advancement, but also in their daily work. They value the opportunity to use modern technologies because it gives them an opportunity to expand their skill set. In addition, modern technology, such as cloud-based solutions that provide an all-in-one platform to work in, makes it easier for the employee to be productive and successful. Setting employees up for success can be a massive motivating factor for recruitment. continued on page 41

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Modern Technology continued from page 39 Having access to top-tier technology is attractive to younger, more tech-savvy workers in the industry. When it comes to millennials and Gen Z candidates, relying on older technologies could be a detriment for your company. These individuals have grown up in a world where technological advancement has been at the forefront. Candidates with construction management degrees or similar have been educated on newer cloud-based technology and are not interested in working using outdated methods. This means that the adoption of new technology will be a major driving force for attracting and keeping strong talent.

Other Recruitment Efforts While technology can play a major role in recruitment, contractors and business owners should utilize all the tools at their disposal including networking events such as meet-and-greets, open houses, and meet the contractor nights can all be wonderful tools for finding new help. If you don’t belong to a trade association, look into ones with active programs in your region with a focus on connecting people. It’s vital to follow up with potential candidates. Many recruiters fail to follow up consistently — in today’s fast-paced world, it’s hard to reach people,

and too often recruiters will make only one or two attempts to reconnect. Make sure to follow up and follow up again if you want to maintain a pipeline of solid candidates.

Never stop building the pipeline, even if you aren’t hiring for the role today. Once the pipeline is filled, the focus should shift to retention. It is often easier to build a culture of excellence when employees want to stay with the company. Be clear and consistent when communicating with employees. Make sure to address the basics: What are we trying to accomplish? What is the available time frame for accomplishing it? Providing clear, concise, and consistent communication is one of the best ways to build a positive company culture where employees want to stay and grow. n Written by Phil Ogilby, CEO at Stack Construction Technologies. Stack provides a centralized hub where plans, specs and other construction documents can be stored, evaluated, measured and shared. Visit stackct.com. This article was originally published in the January 2022 issue of Construction Business Owner magazine. Visit https://www.constructionbusinessowner. com/home to read more.

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UCANE’s 10th Annual Trade Show

Will be held on March 23, 2022 prior to our Forecast Dinner Meeting

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

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

In addition to placing your ad in our magazine, it will also be on our website, and in our monthly E-Newsletter. Space is limited, so if you would like to place an ad in our magazine and reserve a booth at our Trade Show, please contact Suzanne Hatch as soon as possible at shatch@ucane.com.

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An Interview with Joseph Flanagan DPW Director Town of Dedham, MA Will you please provide us with some insight into your background, education, and history that led you into your current position? In my early years, growing up in Dedham, I worked summers for a couple of local contractors including P.J. Hayes. I liked the construction business and after graduation from Salve Regina University in 1992, with a degree in Administration of Justice, I began working at the Flatley Company learning more about construction and especially permitting, and how timelines worked from planning to completing the project. I immediately enrolled in Wentworth Institute of Technology for building and site related courses. In 1996, I accepted an opportunity at the Dedham/ Westwood Water District. Wanting to learn more about waterworks, I took night classes in construction management and water treatment at Wentworth and the University of Lowell and worked my way up to a superintendent. In 1999, I returned to the Flatley Company where I spent the next seven years as a project manager, which included obtaining permits, making public presentations for project approvals, and building large Flatley retail, residential, and commercial projects all over New England. In 2006, the Town of Dedham was looking for a Director of Public Works. I knew the Town was about to embark on a new level of commitment to their aging infrastructure. I liked the challenge it presented, and the job was close to home. With the wide-ranging experience that I had under my belt, I decided to put in an application. I got the job and this became the beginning of my public works career. It is a very satisfying position that allows me to make a difference in the community. What Industry groups or associations do you belong to, and how has that helped your career? FEBRUARY, 2022

I am currently on the Board of Norfolk Bristol Middlesex Highway Association (NBM). I am also a member of the Mass. Highway Association, and I am a member of Mass. Municipal’s Transportation Committee. There are many great associations and committees that I am a small part of including Mass. Waterworks Association, the New England Chapter of American Public Works Association, and the Solid Waste Association. As Dedham’s Tree Warden, I also belong to the Mass. Tree Warden Association. These groups all have different specialties that keep me up to date with all the various facets of public works and help me to do my job better. Being able to meet and network with other public works officials has helped further my knowledge of the business. I have been fortunate to have worked with some great Directors who always have answered my calls for advice including Tim Walsh of Westwood, Bob O’Brien of Walpole, and most of all Joe Welch from Norwood. I have known Joe for many years and his phone is always on. He is always available and willing to share his knowledge and commentary. continued on page 47

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Public Works Pipeline continued from page 45 Can you give us a brief description of Dedham regarding the make-up of the DPW, population served, and infrastructure statistics? Dedham has a population of about 25,000 residents requiring our services. We also have a very large commercial and retail presence in some parts of town that creates some substantial traffic. These businesses are a large part of our tax base, and rightfully also demand a lot of our services, especially when it comes to road and sidewalk maintenance. Dedham/Westwood Water District manages the public water system, but Dedham Public Works handles everything else when it comes to the Town’s infrastructure. I have a great team of professionals at the Dedham Public Works Department who help me to push out and complete a ton of worthwhile projects that not only beautify the town, but make it a safer place for both drivers and pedestrians. We maintain 110 miles of roads including sidewalks and curbs, 95 miles of sewers, all the storm drains and over 4000 catch basins, and three sanitary sewer pump stations. We are also responsible for the solid

waste removal, the recycling program, maintaining of all public shade trees, and taking care of the public land including two cemeteries, one active and one historical. Finally, the whole town looks to this department when it comes to my “favorite” winter past-time: Snow and ice operations! I hire out a good portion of the snow fighting equipment and have been assisted by many talented UCANE contractors over the years. What do you currently see as the most pressing infrastructure needs for the Town in the next few years, and is there a 5-year Asset Management Plan in place to address those needs? We do have a Capital Improvement Plan in place, principally on our road and sidewalk projects. The roads, sidewalks, ADA compliance, and Safe Street Program consumes the largest part of our DPW budget annually. Through annual meetings with Dedham/Westwood Water and the various private utility owners (gas, electric, cable, etc.) our scheduling of road projects may require some adjustment depending on what kind of pressing projects these private entities need to work on. We try to work with these private companies and encourage them to continued on page 48

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Public Works Pipeline continued from page 47 upgrade their facilities ahead of any sizable road projects we are planning. After we repave or reconstruct a street we will impose a seven year moratorium on new road cuts. The DPW Operating Budget is just under $6 million, and our Capital Budget ranges between $8 million–$12 million per year depending on projects. Most of the capital program is put out to public bid. How has your municipality historically funded infrastructure projects? Does the Town utilize the SRF Loan Program through MassDEP for sewer projects? We have not applied for SRF funding in recent years. The Town is nearly 100% sewered and there is not much land available to increase the population, so the need to expand the current sewer system has been low. It has operated pretty successfully over the years, but some areas are due for upgrades. With the new Federal Infrastructure Bill offering some sewer and water funds at great terms, we will be looking more closely at the SRF program in 2022. One area of concern for Dedham that we are constantly monitoring is our wetlands. With climate change, we have seen an increase in beaver and wildlife activity that is causing excess debris in our culverts, which is backing up stormwater in parking lots and properties. These culverts need to be maintained, cleared and cleaned annually and some of them are in wetland areas that makes it difficult to access. Hopefully we can find some funds for these types of projects. Obviously, a lot of our roadway programs are dependent on Chapter 90 funds and the Complete Street Grants Program to supplement the Town’s annual share of costs.

We have several road, sidewalk, and stormwater projects that are “shovel ready” for any funding that the Commonwealth or Federal Government is ready to release, and it won’t take us long to increase that list of projects.

As you know the Massachusetts Legislature has recently allocated some surplus 2021 ARPA funds for horizontal infrastructure work, and the long awaited “Infrastructure Bill” was recently passed in Washington. Both promise to provide substantial funding opportunities for roadways, bridges, and water and sewer projects for the next five years (minimum). Is Dedham weighing in at the State House for access to these funds, and does the DPW have some “shovel-ready” projects available for 2022 if necessary? We know the Federal Infrastructure Bill is also offering an infusion of funds for municipal roadwork and a host of other programs that Dedham could be eligible for. We’ll be looking into that as a potential funding source as more details come out about the bill. We have several road, sidewalk, and stormwater projects that are “shovel ready” for any funding that the Commonwealth or Federal Government is ready to release, and it won’t take us long to increase that list of projects. I’ll be working with our consultants in early 2022 to make sure we don’t miss any funding opportunities that are out there. n

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Get to Know Your Associate Members Get to Know YourUCANE Associate Members! Ted Dawson AdvantageDrug DrugTesting Testingis is aa new new UCANE UCANE member Advantage member specializinginindrug-free drug-freeworkplace workplace programs and specializing and FMCSA compliance. Company President, Ted Dawson FMCSA compliance. Company Dawson Get to Know YourPresident, Associate Members! brings1717years yearsof ofexperience experience advising advising employers employers on brings on theFMCSA FMCSAregulations regulationsand and compliance compliance programs. programs. the

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Advantageprovides providescomplete complete drug drug and and alcohol alcohol programs Advantage programswith withon-site on-siteand and24-hour 24-hour emergency response services. Driver qualification file management systems emergency response services. Driver qualification file management systemsand andon-site on-site FMCSA physical exams are available to ensure compliance with FMCSA regulations. FMCSA physical exams are available to ensure compliance with FMCSA regulations. Advantage Drug Testing is aisnew UCANE member specialAdvantage Drug(ADT) Testing a new UCANE member Advantage supports over 300 employers with managing FMCSA izing in drug-free workplace programs and FMCSA compliance. Advantage supports 300 employers with managing FMCSAdrug-free drug-freeworkplace workplace specializing over in drug-free workplace programs and Company President,many Ted Dawson brings 17 years ofUCANE experiencemember companies have programs, including UCANE members. FMCSA compliance. Company President, Dawson programs, including many members. UCANE member companies have advising employers on the UCANE FMCSA regulations andTed compliance provided the insightful comments below. brings 17 years of experience advising employers on programs. Ted Dawson provided the insightful below. Advantage Drug Testing is acomments new UCANE member the FMCSA regulations and compliance programs.

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Advantage provides complete drug and alcohol programs with onpecializing in drug-free workplace programs and site and 24-hour emergency response Driver QualificaThe Dow Company: “Since 2006,services. theyand have provided thewith drug and and alcohol testing Advantage provides complete drug alcohol programs on-site 24-hour The Dow Company: “Since 2006, they have provided the drug and alcohol testing tion File Management Systems and on-site FMCSA physical ex- management FMCSA compliance. Company President, Ted qualification Dawson services emergency we need to ensure compliance and save time for our team.” – Mike Dow response services. Driver file systems and on-site services we need to ensure compliance and save time for our team.” – Mike Dow ams are available to ensure compliance with FMCSA regulations. physicaladvising exams are available to ensure with FMCSA regulations. brings 17 years of FMCSA experience employers on compliance Ted Dawson Advantage supports over 300 employers with managing FMCSA Tedcan Dawson Albanese Brothers: “We prefer to work withwith local businesses we trust, and I Advantage supports over 300 employers managing FMCSA drug-free workplace Owner, President he FMCSA regulations and compliance programs. Albanese Brothers: “We prefer to work with local businesses we can trust, and I drug-free workplace programs, including many UCANE members. Owner and President

can’t sayprograms, enough including about Advantage Drug Testing. Since 2009,companies they have consistently many members. UCANE member have UCANE member about companies have UCANE provided the insightful comcan’t say enough Advantage Drug Testing. Since 2009, they have consistently provided us complete withthe theinsightful support we need. They are always ready and willing to answer Advantage provides drugcomments and alcohol programs with on-site and 24-hour provided below. ments below. provided us with the support we need. They are always ready and willing to answer questions and come to our job sites when requested. Advantage Drug Testing is an emergency response services. Driver qualification file management systems and on-site questions and come to our job sites when requested. Advantage Drug Testing is an integral part of our team.” –“Since Marcella Albanese The Dow Company: “Since 2006, ADT2006, has provided the drug and alcohol testing we need The Dow Company: they have provided the drug and services alcohol testing FMCSA physical exams are available toforensure compliance with FMCSA regulations. integral part of our team.” Marcella Albanese we need to–time ensure compliance and save to ensure services compliance and save our team.” – Mike Dowtime for our team.” – Mike Dow Scituate Concrete: “They answer my questions in a timely manner, come on-site for Advantage supports over Brothers: 300 with managing FMCSA drug-free workplace Brothers, Inc.: employers preferprefer tomy work with local businesses we can trust, andtrust, I can’t say Albanese “We work with local we can and I Scituate Concrete: “They answer questions in and a businesses timely manner, come on-site for ourAlbanese random testing and“We help keep usto informed of in compliance with, regulatory can’t say enough about Advantage Drug Testing. Since 2009, they have consistently enough about Advantage Drug Testing. Since 2009, they have consistently provided us with the programs, including many UCANE UCANE member companies have our random testing and helpmembers. keep us informed of and inexperiences compliance with, regulatory changes like the Clearinghouse. I have had onlyare positive when working provided us with the support we need. They always ready and willing to answer support we need. They are always ready and willing to answer questions and come to our jobsites likequestions Clearinghouse. have had only positive experiences whenisworking withinsightful ADT.” –the Leanne Karagosian providedchanges the comments below. and come toTesting ourI job when requested. Advantage DrugAlbanese Testing an when requested. Advantage Drug issites an integral part of our team.” – Marcella with ADT.” –integral Leanne partKaragosian of our team.” – Marcella Albanese Albanese D&S: “Since 2006,“ADT Advantage consistently provided excellent Scituate Concrete Products: answers myhas questions in a timely manner, they come on-site Scituate Concrete: “They answer my questions in a timely manner, come on-site for The Dow Company: “Since 2006, they have provided the drug and alcohol testing Albanese “Since 2006, Advantage has consistently provided excellent for ourD&S: random testing,for andour theybusiness, help keep us informed of, andquestions in compliance with, regulatory compliance support answered our and sent technicians our random testing and help keep us informed of and in compliance with, regulatory services need toand ensure compliance and save time for our when team.” –sent Mike Dow changes like the Clearing House. I have had only positive experiences working with ADT.” compliance support our business, our questions and technicians towe our office job sites. The office staff is great, providing friendly and changes likefor the Clearinghouse. I answered have had only positive experiences when working – Leanne Karagosian customer – Gilda toknowledgeable our office and job– Leanne sites.service.” The office staffAlbanese is great, providing friendly and with ADT.” Karagosian Albanese Brothers: “We prefer to work with local businesses we can trust, and I knowledgeable customer service.” – Gilda Albanese Albanese D&S, Inc.: “Since 2006, Advantage has consistently provided excellent compliance Albanese D&S: “Since 2006, Advantage has consistently provided excellent Concrete: “Since 2010, Advantage has providing with excellent service. can’t Shea say enough about Advantage Drug Testing. Since 2009, they have consistently support for our business, answered our questions, andbeen sent technicians to us our office andtechnicians jobsites. compliance support for our business, answered our questions and sent With both on-site testing capability and FMCSA compliance support, I have found Shea us Concrete: “Since 2010, has been providing usfriendly with excellent service. provided with the support we need. They are always ready and willing answer Their office staff is great,and providing friendly and knowledgeable customer service.” – Gilda Albanese to our office job Advantage sites. The office staff is great, providing andto the company to be a valuable resource.” – Greg Stratis Withand both on-site capability and compliance support, I have found knowledgeable customer service.” –FMCSA Gilda Albanese questions come to testing our job sites when requested. Advantage Drug Testing is an Shea Concrete Products: “Since 2010, Advantage has been providing us with excellent service. the company to be a valuable resource.” – Greg Stratis integral part of our team.” – Marcella Albanese

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With both on-site testing capability and FMCSA compliance support, I haveusfound company to be Shea Concrete: “Since 2010, Advantage has been providing withthe excellent service. a valuableWith resource.” – Greg testing Stratis capability and FMCSA compliance support, I have found both on-site 4 High Street, Suite 131, North MA 01845 Concrete: answer my questions aAndover, timely the“They company to be a valuable resource.”in – Greg Stratismanner, come on-site for

4 High Suite 131, North Andover, MA 01845with, regulatory 978-475-1312 AdvantageDrugTesting.com our random testing and helpStreet, keep — us informed of and in compliance changes like the978-475-1312 Clearinghouse. I have had only positive experiences when working AdvantageDrugTesting.com 4 High— Street, Suite 131, North Andover, MA 01845 with ADT.” – Leanne Karagosian 978-475-1312 — AdvantageDrugTesting.com UCANE is strengthened when members give other members an opportunity to bid! Albanese UCANE D&S: is “Since 2006, Advantage has give consistently provided excellent to bid! strengthened when members other members an opportunity UCANE is strengthened when members give other members an opportunity to bid! compliance support for our business, answered our questions and sent technicians to our office and job sites.“BUY TheFROM office is great, providing OUTLOOK” friendly and FEBRUARY, 2022 49 THE staff ADVERTISERS IN CONSTRUCTION knowledgeable customer service.” – Gilda Albanese

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

The ABC s of Fall Protection One of the ways to protect yourself from a fall is by using a personal fall arrest system, which consists of three main components; the anchor point, the body support, and the connecting devices. The three components are often referred to as the ABCs of Fall Protection.

he anchor point is commonly called the tieoff point. It is the secure point of attachment to stop a fall. The anchor point could be a structural member, or a component engineered specifically for fall protection. The anchor is what the worker attaches to and provides the foundational strength for the fall arrest system. The anchor point must be able to support the intended loads. OSHA states that anchorages used for attachment of personal fall arrest equipment shall be capable of supporting at least 5,000 pounds. Anchor Points

The body support is typically a full-body harness. The harness is designed to distribute the forces of a fall over the upper thighs, pelvis, chest, and shoulders. The body harness provides a connection point to the worker in the personal fall arrest system. When properly worn, a full body harness will keep the worker upright in the event of a fall. When a full body harness is properly worn, the D-ring is in the middle of the worker’s back, the leg straps are tight and the chest strap is secured at the middle of the chest level. One way to check the leg straps to see if they are tight enough is the finger test. That is when the worker places their hand flat on their leg and can only fit their fingers underneath the straps. continued on page 52 Body Support

FEBRUARY, 2022

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Safety Corner continued from page 51

so in the event of a fall the braking mechanism acts quickly to stop the lanyard and limit the fall.

The connecting device is what attaches the worker’s full-body harness to the anchor point. The connecting device could be an energy-absorbing lanyard, a self-retracting lanyard, a rope grab, or a retrieval system. The two most popuar connecting devices are the energy-absorbing lanyard and the self-retracting lanyard. In the event of a fall, the energy-absorbing lanyard slows the worker’s rate of fall and eventually stops the fall. The lanyard will typically allow a worker to fall about 3-4 feet, while it slows and reduces the forces of the fall on the worker. A self-retracting lanyard acts like a seatbelt. It allows for the worker to move freely but maintains a taut line,

As with all safety equipment, especially equipment that is designed and used to help save lives; it must be inspected prior to use. Any signs of damage, wear and tear, or evidence of a previous fall the equipment must not be used and taken out of service. If any piece of a personal fall arrest system has been subjected to a fall of any type, then it must be taken out of service immediately. If there is any doubt, do not use it. n

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Advantage Drug Testing 4 High Street North Andover, MA 01845 Rep: Ted Dawson Tel/Fax: (978) 475-1312 Email: ted@advantagedrugtesting.com Web: www.advantagedrugtesting.com ASSOCIATE Richard J. Bradley Co., Inc. 385 Blue Hill Drive Westwood, MA 02090 Rep: Richard Bradley Tel: (781) 326-2222 Fax: (781) 326-7076 Email: rjbcoinc@comcast.net.com ASSOCIATE The Driscoll Co. LLC 331 Centre Street Milton, MA 02186 Rep: Terry Driscoll Tel: (617) 696-2257 Cell: (617) 895-8097 Email: thedriscollco@outlook.com ASSOCIATE

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ST Materials & Equipment Supply Co. P.O. Box 3673 Plymouth, MA 02361 Rep: Shelley Webster/Tiffony Cesero Shelley Cell: (617) 719-7869 Tiffony Cell: (508) 317-8324 Email: Tiffony@stmaterialsequipment.com Shelley@stmaterialsequipment.com Web: www.stmaterialsequipment.com ASSOCIATE Vermeer All Roads 925 Merritt Blvd. Baltimore, MD 21222 Rep: Mike Morrissey Tel: (443) 549-1252 Email: rwasmer@allroads.com Web: www.vermeerallroads.com ASSOCIATE Veterans Development Corporation 120 Longwater Drive Ste. 103 Norwell, MA 02061 Rep: Nick Biello Tel: (781) 659-4050 Fax: (781) 659-0505 Email: nbiello@vetdevcorp.com Web: www.vetdevcorp.com ASSOCIATE

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Ben Cavallo

C&S Insurance Agency

Driver Verification: How Massachusetts' DVS Tracks Commercial Drivers Statistically speaking, today’s second-most-expensive business insurance claim is not one that results from a slip-and-fall, customer property damage, inventory theft, or even a fire. Instead, the second-most-costly loss event your business can suffer is a motor vehicle accident, averaging $45,000 per claim, according to data from The Hartford. Last year, insurance companies paid out roughly $28 billion in commercial auto claims. Not surprisingly then, commercial auto insurance is expensive. Depending on the type of business you operate and the number of vehicles in your fleet, commercial auto could represent a significant portion of your overall insurance premium. And the types of drivers you employ—safe, responsible, or somethingless-than—could be a major cost-containment factor. But with all the other tasks you’re overseeing, how can you keep up with driver quality or individual driver license issues? Believe it or not, the Massachusetts RMV can help. Massachusetts’ DVS (or Driver Verification System) is an incredibly convenient tool. In addition to fulfilling the FMCSA’s requirement for driver record inquiries (more on this below), it’s designed to support you—a Massachusetts business owner—in your fleet safety goals.

What is the Massachusetts Driver Verification System (DVS)? The DVS helps you keep track of the status of your employee drivers’ licenses. Once enrolled, if a license expires or gets revoked, you will receive an email alert. This will allow you to take quick action to rectify the situation, and get your driver off the road, temporarily, if necessary. FEBRUARY, 2022

What kind of driver information can Massachusetts employers gather from DVS? The DVS provides the following information for any employee driver enrolled: • License class held (CDL, Passenger, Motorcycle) • License status and expiration date • If a 7D School Bus Certificate is held, status and expiration date • If a CDL is held, CDL self-certification type and expiration date • Organ Donor status • Any restrictions and endorsements held continued on page 57

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Insurance Perspective continued from page 55 Will DVS tell me if my employee drivers get caught speeding or running red lights? No. DVS tracks license status ONLY. Employers are only notified if a license status changes. DVS does not track citations, moving violations, speeding tickets, etc. However, that information is available via Public Driving Record (see more below).

How does my employee driver’s license status affect my insurance program? Commercial drivers who are on the road, representing your company, without valid credentials are a major exposure. It’s called vicarious liability. And if the unlicensed employee ever got into an accident, it could drive any loss settlement up much higher.

What happens if the license status of one of my drivers changes? You would be notified via email, then prompted to log into your DVS account to view the driver(s) that had a status change. DVS does not provide the reason(s) why the license status changed.

Are Massachusetts employers required to use the DVS?

FEBRUARY, 2022

No, according to our fleet safety expert, Joe Mokrisky, companies are not required to utilize this system. However, they are required by the Federal Motor Carrier Safety Administration (FMCSA), Section 391.25 to conduct an annual review of a driver’s motor vehicle record. If you utilize Massachusetts’ DVS, you are satisfying the regulatory compliance of 391.25, and you would not have to run the yearly review described in that section. So, essentially, the DVS can save you some work.

If I enroll in the DVS, am I still required to keep driver qualification files? Yes! Maintaining driver qualification files is a separate facet of commercial driver safety. Employers must keep these files current whether they use the DVS or not.

How should Massachusetts employers enter their drivers into the DVS? As an employer, you should provide the license number, date of birth, first and last name of each driver you enroll into the DVS. You are also required to delete any driver who no longer works for you.

Can MA employers also access commercial drivers’ driving records through the DVS?

continued on page 58

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Insurance Perspective continued from page 57 Yes! But this data is not automatically or freely available. The DVS allows you to request an “Unattested Public Driving Record” for any employee enrolled into the program. This record includes all surchargeable accidents, criminal, and civil driving offenses for which a person was found either guilty or responsible, plus discretionary and administrative license suspension actions.

Is there any DVS training, to ensure I’m using this tool correctly? Yes. All eServices Administrators and end users are required to complete a computer-based training (CBT) prior to using the RMV’s eServices Portal.

What does it cost to get Massachusetts DVS notifications or commercial driver records? There is no fee to participate in the DVS program and receive license status notifications. If you choose to obtain an Unattested Public Driving Record, there is an $8.00 fee for each record requested. A monthly invoice will be posted to your DVS Account for viewing and online payment options.

How can my company start using DVS data for our drivers? To sign up for the DVS program you will need to submit the required documentation. Download and complete the Access Agreement, RMV Business Contact form, and the eServices Administrator form. Once you have all of the required documentation ready to submit, scan and email to kristen.hagan@ dot.state.ma.us.

Do other states (besides Massachusetts) offer driver verification systems? Yes! Different states have different names for these systems, which are broadly known as Employer Notification Services (ENS). An ENS is any program that automatically sends updates to employers who sign up for this information.

Overall, ENS programs are designed to raise a flag when a driver’s license status changes. Some systems will let you know when there is a crash and/or when a conviction is posted to a commercial driver’s record. n

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FEBRUARY, 2022

CAUTION! Avoid the Legal Detour: Understand Your Traffic Control Before You Dig

Have you ever noticed that most types of traffic signs in the US – regardless of your location - are generally in the same proximity and size? That uniformity of traffic signs, or sometimes referred to as traffic control devices, is largely due to the Manual on Uniform Traffic Control Devices, or MUTCD for short. The MUTCD contains the national standards and guidance for governing traffic control devices, for both permanent and temporary (i.e. construction work zones) applications. Its key purpose is to ensure uniformity on roadways in order to increase the safety of the traveling public.

he Federal Highway Administration’s (FHWA’s) MUTCD has been largely adopted by every state in the US and fed downward through counties, cities, towns, etc. Throughout the last 20 years, there have been few editions of the MUTCD, with revisions being made and adopted along the way. The current MUTCD, the 2009 Edition, became effective in January 2010 and was required to be adopted by states or other federal agencies within two years of the effective date. When using the MUTCD, the user must first understand that the manual is broken up by four different headings – Standard, Guidance, Option, and Support – used to help the user with making the appropriate decision. The MUTCD is no different than other design standards put in place across the Country; however, there are a few general things to consider when looking at traffic control and its possible impacts to a site.

FEBRUARY, 2022

Understand the Basics How can something so simple have so much importance when it comes to a project or a case? Well, to get a good glimpse of how important it can be, especially in the construction industry, one needs to simply look at the roadway work zone statistics. In 2019, the FHWA reported that there were nearly 842 work zone fatalities by transportation mode in the US, mostly due to drivers and passengers.1 When existing driving patterns are impacted in a work zone, drivers and pedestrians can often be confused as to where they are supposed to go, especially when done incorrectly. This is where the MUTCD and its sections on temporary traffic control play the utmost importance. Could those 842 fatalities in 2019 have been avoided by proper use of traffic control? Maybe, maybe not. But it could help in preventing contractors and owncontinued on page 60

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Caution continued from page 59 ers from being sued for their lack of protecting the traveling public from their work zone.

Local Jurisdiction vs. Federal Regulation Many local jurisdictions, be it townships, cities, counties, even states, have their own form of traffic control standards that often govern, depending on where a project resides; however, in almost every case, these local jurisdiction’s standards often specify that they have adopted the MUTCD. So just because a project is in rural America, don’t think that the FHWA’s doesn’t apply to your site. As always, understanding your design guidelines beforehand is crucial in helping mitigate your risks.

Understand Where to STOP

to signage being used at incorrect locations in developments, which in many instances, have led to some sort of accident. In most cases when there is a vehicular or pedestrian accident in a work zone, traffic control devices are often the first things everyone looks at to ensure they were in compliance. Don’t be left in the dark during your project. Ensure your traffic control – be it permanent or temporary – is both designed and installed correctly. Make sure your entire project team understands the requirements and the overall importance of it as well. It could help save you from a legal detour that you don’t want to take. 1. https://ops.fhwa.dot.gov/wz/resources/facts_stats.htm

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Owners, designers, and contractors alike need to understand the traffic control requirements of their jobsite – regardless if it’s a private or public project. Not only does it help to protect the traveling public during construction, but it also protects the construction crews who are working within these work zones. Understanding where a flagger needs to be, or where the shifting taper needs to begin, or where a temporary STOP sign shall be placed is more important than one would think.

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Harwich Sewer Expansion On Track HARWICH – Harwich select board members recently turned their attention to wastewater management in the town as municipalities region-wide wrestle with challenges impacting water quality.

ccording to the latest annual report from the Association to Preserve Cape Cod analyzing data collected from ponds, lakes and estuaries across the area, the Cape Cod region has a long way to go on water quality. In Harwich, efforts continue to expand wastewater infrastructure, and Superintendent of the town’s Water Department Dan Pelletier said the town will mail out order-to-connect letters for phase 2 of the sewer project as part of the Comprehensive Wastewater Management Plan. Pump stations as part of the ongoing project also received inspection from the Department of Environmental Protection recently as the effort moves ahead. To help residents, the town’s water department also created an online map that provides sewer rate estimates for different residences in the community. The orders-to-connect will also include a “welcome package,” said Pelletier, with a list of designers, contractors and a checklist of how to go about getting sewer service. Residents will have two years to comply with the order-to-connect. Pelletier said that the town is also working on other ways to help its residents financially when it comes to hooking homes up to the sewer. “We’ve been working with the Barnstable County Septic Loan Program working to have septic loans offered at zero percent for sewer service connections,” said Pelletier. He added that the county has since hired a financial consulting firm to help model the potential loan

FEBRUARY, 2022

program. “It isn’t in place yet, but it’s in process and I’m hoping we’re inching towards the finish line where residents who need to connect and get a loan to do their sewer service will be able to do so at zero percent.” Residents can also expect a town educational outreach effort to ramp up over the coming months about responsible use of fertilizer—another source of water quality degradation, according to the Association. Town officials said that the effort towards educating the population about the dangers of overusing fertilizer is due to a lack of oversight at the state level on the issue, including a lack of effective enforcement. As wastewater infrastructure continues to see investment regionwide, Pelletier said that the town will likely seek to collaborate with Dennis on effluent recharge and other wastewater projects. Written by Grady Culhane. Reprinted from capecod.com. n

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2022 Scholarship Applications Now Available UCANE to Award Twelve $2,000 Scholarships WHO IS ELIGIBLE TO APPLY? •

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

•

The applicant should be a high school senior who will be enrolling full time in an accredited two- or four-year academic institution for the year beginning in September 2022 OR a current full-time college student who has not previously received a UCANE scholarship.

HOW WILL THE APPLICATION BE JUDGED? Twelve $2,000 scholarships will be awarded. Two of the 12 scholarships will be awarded to applicants pursuing a construction related degree. There will be a question on the application to indicate if you believe you are eligible for these scholarships. The other 10 scholarships are open to all other courses of study. Applications are judged and winners are selected by independent outside educators. Selection will be based on the overall worthiness of the applicant by considering: 1. Scholastic achievement; 2. Interest and effort in preparing for your vocation; 3. Extra-curricular activities at and away from school, including community and religious service; 4. Difficulty of course curriculum and career objectives; 5. Personal recommendations; 6. Thoroughness of the completed application, particularly the essay

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

WHAT MUST ACCOMPANY THE APPLICATION? 1. A transcript of high school or college grades through the latest period prior to April 15. 2. A letter of recommendation from the principal or faculty advisor/academic advisor. 3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community (optional but recommended).

IMPORTANT - PLEASE NOTE: In the event the applicant receives a full scholarship from the college of his/her choice, or from any organization, civic group, etc., the UCANE Scholarship will be awarded to another applicant. Applicant’s parent/grandparent must work for a company in the New England Region. Applications must be received in the UCANE office no later than April 15, 2022. If you have any questions concerning the completion of this application please contact: Utility Contractors’ Association of New England, Inc. 300 Congress Street • Suite 101 • Quincy, MA 02169 Tel: 617.471.9955 • Email: jmahoney@ucane.com FEBRUARY, 2022

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Required Contract Clauses in Changing Times

Today’s construction landscape is difficult to navigate with the continuous changing variables, delays, work stoppages, additional project requirements, health concerns ,and financial restraints. Nothing is certain as job starts are delayed, schedules are modified weekly, customers stop and then restart projects, codes are enhanced, rules change, and pressures mount to run your business smoothly. With all this evolving chaos and additional risk, you must take a hard look at how you manage your contracts carefully in these changing times.

ontractors, subcontractors, and specialty contractors are optimists. And to top it off, they’ll generally sign just about any contract put in front of them without reading them, or thinking about all the potential pitfalls and problems this economic and business environment can create. Construction is a four-letter word, and that word is RISK. It’s a very difficult business, with lots of moving parts totally out of contractor’s and subcontractor’s control. Contractors find themselves at the mercy of politicians, government agencies, project owners, lenders, utility companies, plans, specifications, unknowns, changes, payment, scheduling, weather, labor, equipment, materials, and deliveries. Now, more than ever, your contract must be right before you start any work, and you must manage it to the letter to maximize your return on performing the work.

Contracting is About CONTRACTS! Most contractors and subcontractors don’t like to deal with paperwork. But contracting is about CON-

FEBRUARY, 2022

TRACTS and contracts are paperwork! Managing contracts properly will improve the opportunity to maximize profit potential. Your contracts should protect you and define in writing what’s exactly included, excluded, and how you want to do business with your customer. Too many contractors sign their customer’s prepared 5-10-20, or 30 page contracts without reading or having their attorney review them, and not fully understanding the contractual liability and requirements. Make sure you clearly understand the general contract, subcontract, complete plans and specifications, and all exhibits to the contracts. Always have a construction attorney on your team to give you ongoing advice and review your contract obligations and approve the contract clauses you are willing to sign and be held liable for. Subcontractors are generally held liable to the same terms as the general contractor. Therefore, subcontractors have the right to examine their general contractor’s contract to become aware of what continued on page 67

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Contracts continued from page 65 they have also agreed to including: • Complete contract plans, specifications, exhibits, reports, documents, addenda, inclusions & exclusions. • General conditions, supervision & authorized representative. • Safety & protection of work. • Standard of care & general industry practices. • Normal industry tolerances & governing laws. • Notice & documentation requirements. • Liability, indemnity & warranty. • Schedule, acceleration & delay claims. • Payment terms & insurance requirements. • Cost escalation, delays & termination. • Change order rates & markup. Review and utilize these important contract clauses required in today’s changing times to reduce your risk, eliminate disputes, enhance performance, and improve your bottom-line.

Commitments and Anticipated Schedules Clearly define in your contract or subcontract the proposed or anticipated schedule included in your contract scope to complete your work per your expected crew size, work days, phases, move-ins, and schedule: • Start and completion dates. • Crew size and number of working days required to complete your work. • Number of move-ins, mobilizations, or phases.

FEBRUARY, 2022

• • • • •

Cost per extra move-in or mobilization. General conditions included and cost per day. Overtime or acceleration rates if required. Weather days anticipated and included in your contract. Material delivery dates and any cost escalation dates.

Material Cost Escalation and Delay Clauses are Mandatory! Material delays and price escalations occurred in the late 1990’s during the oil shortage crisis. Contractors always added cost escalation and delay clauses into their contracts to protect themselves. Today is no different! Delays and large cost increases will be a major factor in construction projects moving forward. It is now critical to review and have delay and material cost escalation clauses in your contracts. Your price can be fixed for only a certain amount of time. Define how you determine and will receive an equitable cost and time adjustment if projects are delayed, or if it is not feasible to obtain all the material required due to shortages, or the price escalates due to delays or economic variables. General contractors with signed contracts are finding out their subcontractors whose bids and quotations were relied on to submit bids, are now backing out of subcontracts due to price increases. This leaves the general contractor holding the bag without pre-approved escalation clauses in their contracts. Steel contractors for example, are getting price increase notices effective immediately. Here is an example of a notice received by one of my metal building contractor coaching clients from his supplier: “As a result of the current steel supply issues, we are increasing all steel products immediately by $75 per ton. As we head into precarious times, make sure your company is protected by adding an "escalation clause" to the terms and conditions of your contracts. In closing, steel pricing will not get any better than it is today. So, when a client questions you on what is the right time to order a metal building, you can confidently respond, "Today is the best time to buy because it will cost more next week." Delay and escalation clauses can hold a fixed price for a limited or set period of continued on page 69

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Contracts continued from page 67 time, but allows the contractor to receive an equitable cost adjustment if the project is delayed, or if it isn’t feasible to purchase all project materials at the start of construction. The most obvious benefit of using an escalation clause is protecting yourself against price increases. Escalation Clauses can also account for volatile price increases and related uncertainty. Clauses can state prices will only be increased if related material costs rise 3%, 5% or 10% over the price quote at the contract start date. This allows contractors to give their customers a solid price at the time of contract, and then allow them to cover price increases and delays caused by material shortages, delivery delays, and unforeseen rising prices. Profit margins are thin in construction, and absorbing a cost increase for materials or delays, will hurt your bottom-line big time. Caution! On public works projects, contractors will get stuck signing the customer’s contract without fair clauses to cover delays or price increases. So, on any project where lots of material will be used, or on projects with long schedules, escalation clauses are mandatory, or don’t sign them!

No Damages For Delay Delays are a potential reality in construction proj-

ects moving forward. Watch out for and avoid these ‘no pay for delay’ clauses. These clauses are stuck in the fine print by project owners and general contractors to eliminate their liability to pay for any delay costs regardless of the reason such as weather, slowdowns, pandemics, shutdowns, changes, disputes, non-performance of others, slow approvals, labor disputes, strikes, start and stops, etc. This clause attempts to transfer delay costs of others onto every other subcontractor. If you sign this clause, you agree to only get time extensions without extra costs for delays. For example, if a project is delayed by the City or the weather for two months, the contractor can only get a time extension, but can’t get paid for their ongoing costs including: supervision, trailer, fencing, toilets, rentals, etc. sitting on the jobsite waiting for the restart. Without any additional money for delays, contractors tend to try to make up the time by stacking trades, adding more crews, or working overtime, which all reduce efficiency and production, plus cost more money without additional compensation.

Force Majeure and Acts of God These ‘Force Majeure’ clauses are an attempt to eliminate responsibility for acts of God unforeseen and out of the control of contractors and subcontractors. These clauses are meant to excuse noncontinued on page 71

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Contracts continued from page 69 performance for delays caused by unforeseeable circumstances that were well beyond the contractor’s control. These events can include a pandemic, quarantine, hurricane, or major tragedy. Make sure you have this covered in your contracts.

Provide Proper Notice and Documentation All contracts require proper written notice and documentation within a specified number of days and are required by contract to get approval or compensation for all conflicts, differing site conditions, incidents, accidents, problems, requests for information, delay requests, time extensions, changes, claims, damages, disputes, protests, approvals, lack of timely payment, termination, stop work notices, etc. A meeting, verbal agreement, phone call or text to the customer is not sufficient notice for any of the above situations. I like to say: ‘If it’s not in writing, it never happened!’ When you proceed without proper notice or written documentation on potential issues or conflicts, knowing there may be a problem, you are accepting full responsibility for it, and most likely won’t get compensated for the issue. Start every project with a thorough review of your contract and prepare a notice chart with a clear list of what requires notice and documentation and the time allocated or deadline to document the different situations.

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Mobilization and Extra Move-In Costs Mobilization and move-ins are required on all projects by every contractor and subcontractor. Contractors include an amount of money for this activity in their bid price based on what they anticipate will be needed. This includes the number of move-ins, phases, and associated costs. With the changing policies and potential government restrictions, projects might be shut down, delayed and restarted often. Contractors must include the right in their contracts to ask for additional compensation for extra mobilizations or additional protections required. This will also eliminate or reduce the temptation of project owners and general contractors to ask subcontractors to move onto projects too many times for their convenience or lack of planning. Be sure to clearly outline what’s included in your scope of work in your contract including: • Number of move-ins or mobilizations included. • Cost per extra move-in or mobilization. • Extra cost per stop and start requested by the customer. • Delay costs for unforeseen conditions. continued on page 72 FEBRUARY, 2022

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Contracts continued from page 71 • •

Added costs for jobs not ready when scheduled. General conditions, supervision, etc. cost per day for delays and schedule disruptions.

General Conditions Be clear in your contracts what’s included and not included in your general conditions budget and scope. Clearly define your temporary facilities, trailers, fencing, toilets, power, water, utilities, trash bins, clean-up, parking, safety requirements, traffic control, jobsite rules, security, blueprints, software, rentals, weather mitigation, close-out, etc. Also, it is extremely important to define your commitment and cost for your assigned project manager, general superintendent, superintendent, and foreman. In your contract, provide a cost per day to recover your general conditions costs, which must be compensated on all delays, schedule disruptions, time extensions, and change orders.

Change Orders Change orders are additions, changes and deletions from the contract scope of work. Somebody changed the scope of work, not you! The project owner, architect, or engineer didn’t prepare proper or complete plans or specifications. Or your customer didn’t clearly define the complete scope of work re-

quired in your contract. Your company has a right to collect for additional work and extended time when somebody else changes or modifies your scope of work or schedule. Change order terms need to be clearly defined in your contract: • Written change order requests are required within ?? days of occurrence? • Who is authorized to sign and approve? • How will disputes or claims be handled? • Are costs for project manager, superintendent & foreman allowed? • Agree to change order or extra work rates for: • Company labor plus burden & benefits • Overtime • Company equipment & tools • Overhead markup • Profit markup rates for labor, equipment, materials & subcontractors • Insurance & bond fees • General conditions, supervision, project management & temporary facilities and utilities • Time extensions continued on page 73

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Contracts continued from page 72 • •

Back charge procedures Liquidated damages and how they can be assessed In your change order request, always include the additional time required to perform additional or change order work, even if it doesn’t affect the critical path of the project. Without exception, when you perform additional work, it takes additional time and money. Caution! Customers will want to delay approving any extra time required initially, and they’ll ask you to wait until the end of the project to negotiate time extensions and the associated costs (when you have no leverage!)

Payment Getting paid is very important today with all the variables and issues contractors face. The legal standards and laws are constantly changing regarding payment, retention, and timeframes allowed. For example, in California the courts recently voided the “Pay when or if paid” clause in some contracts. Other states have modified the 10 percent retention standards. Before you sign any contract, make sure it meets with the current laws in your area and you are OK with the contractual payment terms including: • Are there adequate funds available and set aside

• • • • • •

to finance the entire project plus potential change orders? What are the progress payment invoice deadlines and payment dates? Have you agreed to the ‘pay when or if paid’ clause? When do executed change orders get paid? What documentation or lien releases are required with invoices? Can you get paid for material stored onsite or in your yard? When is the final payment and retention paid?

Termination There is a distinct possibility more projects will be cancelled in the future, which requires an equitable termination clause in your contracts. All parties may want the right to terminate for many reasons including lack of funding, lost tenants, economic reasons, lack of performance, or convenience. Make sure your contract clearly outlines the circumstances, notice requirements, cancellation cost formula, payment, and other relevant procedures to execute a termination for any reason.

Train Your Customers! Meet with your customers before you sign any continued on page 75

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Contracts continued from page 73 construction contract or subcontract and review this list of important contract clauses. Tell them exactly how you are willing to do business with them. Explain you will require signatures in order to proceed with extra work, you expect them to abide by the terms of the contract, and you will also stick to it. When you play hardball and be firm but fair, your customers will respect you and treat you professionally. When you don’t require customers to honor their contracts, and then go ahead and do work without signatures or approvals, or per the contract, the customer won’t respect you and will take advantage of you. n George Hedley CPBC is a certified professional construction BIZCOACH and popular speaker. He helps contractors build better businesses, grow, increase profits, develop management teams, improve field production, and get their companies to work. He is the best-selling author of “Get Your Construction Business To Always Make A Profit!” available on Amazon.com. To get his free e-newsletter, start a personalized BIZCOACH program, attend a BIZ-BUILDER Boot Camp, or get a discount at www. HardhatBIZSCHOOL.com online university for contractors, Visit www.HardhatPresentations.com or E-mail GH@HardhatPresentations.com.

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Advertisers’ Index ATS Equipment, Inc. .............................................................26 Advantage Drug Testing..........................................................2 Allegiance Trucks...................................................................66 Aon Construction Services Group.........................................54 B2W Software..........................................................................9 Badger Daylighting................................................................ 14 Benevento Companies..........................................................64 Boro Sand & Stone Corp.......................................................15 Brennan Consulting.................................................................9 Dennis K. Burke, Inc..............................................................56 C&S Insurance Agency..........................................................18 Centinel Financial Group, LLC...............................................64 Concrete Systems, Inc...........................................................16 Core & Main.............................................................................4 Cumberland Quarry Corp......................................................68 Dagle Electrical Construction Corp.........................................6 Darmody, Merlino & Co., LLP................................................64 Dedham Recycled Gravel......................................................52 DeSanctis Insurance Agency, Inc. ........................................66 Dig Safe System, Inc.............................................................73 Jack Doheny Company.......................................................... 41 The Driscoll Agency...............................................................57 EJ...........................................................................................71 Eastern States Insurance Agency, Inc..................................25 Eastpoint Lasers, LLC........................................................... 17 T. 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Construction Outlook February 2022

Articles inside

Spotlight on Cape Cod

CAUTION! Avoid the Legal Detour: Understand Your Traffic Control Before You Dig

Insurance Perspective

Safety Corner

UCANE’s Contractor Member of the Month

Modern Technology Provides the Solution for Recruiting New Employees

Get to Know Your UCANE Associate Members

InvestInWaterMA Campaign at Full Speed in 2022

President’s Message

UCANE Welcomes New Members

Public Works Pipeline