Construction Outlook January 2021

Page 1

JAN | 2021 UCANE Interview :

Representative John M ahoney

• DeLeo Ends Historic Run ; Mariano Elected Speaker • Baker-Polito A dministration Awards Grants for Water Management and Conservation Projects


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Years of Excellence 1954-2021

JANUARY, 2021

IN THIS ISSUE

OFFICERS President MARCELLA ALBANESE Albanese Bros., Inc.

President-Elect RYAN McCOURT

McCourt Construction Company

Treasurer BRIAN COONEY

C. C.Construction Inc.

Secretary CHRIS VALENTI

GVC Construction, Inc.

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

NICK BIELLO

J. D’Amico, Inc.

MIKE BISZKO, III

Biszko Contracting Corp.

ANDREW DANIELS J. Derenzo Co.

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.

BILL LEONARD

Aqua Line Utility, Inc.

JOHN OUR

Robert B. Our Co., Inc.

QUERINO PACELLA

RJV Construction Corp.

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

BRIAN RAWSTON

Jay Cashman, Inc.

FRED ROGERS

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

ERIK SVEDEN

C. N. Wood Company, Inc.

JORDAN TIRONE

DeSanctis Insurance Agency, Inc.

DAVID WALSH

Pawtucket Hot Mix Asphalt

JEFF MAHONEY

Executive Director

5 President’s Message:

Aid for Cities and Towns Will be Critical This Year

7 Legislative Update:

• DeLeo Ends Historic Run; Mariano Elected Speaker • Massachusetts Legislature Ends Session with Flurry of Activity; Eco-Dev and Transportation Bond Bills Pass • Governor Commits to TCI as Legislature Sends Him Emissions Reduction Legislation • UCANE Weighs in on Unemployment Insurance Relief • Baker-Polito Administration Awards Funding to Help Communities Meet Stormwater Permitting Requirements • Paid Family and Medical Leave Benefit Program Launches for Eligible Workers in Massachusetts

25 UCANE Interview:

Representative John Mahoney (D-Worcester)

29 OSHA at 50: Highlights of the First Five Decades 31 Baker-Polito Administration Awards Grants for Water Management and Conservation Projects 33 Get to Know Your UCANE Associate Members: T. L. Edwards, Inc.

34 Flint Michigan’s Drinking Water Crisis: Five Years Later 41 Safety Corner: Taking Some COVID-19 Lessons Learned Into 2021

45 Get to Know Your UCANE Associate Members: Genalco, Inc.

47 In Memoriam:

Felix “Phil” Pittorino, Pitt Construction Co.

48 UCANE’s 2020 Online Christmas & Holiday Auction 51 Want to Know if Raw Sewage Gets Dumped in Your Local River? There’s a Bill on Baker’s Desk About It 57 UCANE’s 2021 Scholarship Applications Now Available 59 Introduction to Cyber Security 65 Spotlight on Cape Cod: Falmouth’s Great Pond Area Next Up For Sewering

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

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Aid for Cities and Towns Will be Critical This Year I hope that our members enjoyed a safe holiday season and that the New Year will bring good health and happiness to all. As 2021 gets underway, we are looking forward to life as we knew it, to getting back to some semblance of “normalcy,” as the COVID-19 vaccine becomes more widely available. And while we move closer to the day when we will be able to gather again as an Association, we know our industry will be dealing with issues associated with the pandemic for years to come. The most immediate need is funding for our cities and towns so that critical, drinking water, wastewater, and underground utility infrastructure projects are not delayed.

A

s you may be aware, Congress passed, and the President signed, a new COVID stimulus bill at the end of December. While this legislation provides additional PPP and small business funding, it does not include any direct relief to cities and towns who are dealing with a tremendous amount of fiscal uncertainty. Because of the extended shutdown of many businesses, municipalities have seen large decreases in revenue for water and other municipallyowned utilities as commercial buildings remain dormant. Even in the best of times, the money received from ratepayers is utilized for operations, and it is not nearly enough to fund capital programs and deferred maintenance. So the loss of this revenue further jeopardizes long-awaited projects. It doesn’t have to be this way if the federal government acts in the coming weeks and provides direct relief to our cities and towns. Of course, the underfunding of water infrastructure is nothing new. Before the pandemic, the U.S. Environmental Protection Agency estimated that utilities will need to spend $655 billion over the next 20 years to maintain, upgrade, or replace our drinking water and wastewater infrastructure. We know in Massachusetts alone, the cost will be between $18 billion to $21 billion. This amount does not include the cost of replacing lead service lines, which has been estimated at an additional $30 billion. It also doesn’t include the cost of adapting our water, sewer, and JANUARY, 2021

stormwater infrastructure to the effects of a changing climate, which is estimated at an additional $448 billion to $944 billion from 2010 to 2050. Finally, the figure does not include PFAS remediation, where we are just beginning to assess the impact and costs. While cooperation at all levels of government is needed to achieve a solution, the current situation makes it imperative that the federal government act now. Forty years ago, the federal government contributed 63 percent of total capital spending on water infrastructure. Today, the federal government funds nine percent of our water infrastructure spending. By comparison, federal spending on transportation infrastructure remained constant over the same period. Presently, the U.S. water industry is mainly supported by the SRF loan program. While this program is very successful and extremely well run in Massachusetts by the Clean Water Trust, the funding provided is not at the level needed for reinvestment in our aging and failing water and wastewater systems. The best solution is direct relief to our cities and towns, along with comprehensive infrastructure legislation that provides funding and incentives to municipalities for drinking water, wastewater, and underground utility projects. If we fail to act, the price tag will only continue to grow. In our industry we support excavation, but this is one hole that we do not want to see get any deeper. n

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DeLeo Ends Historic Run; Mariano Elected Speaker

he Massachusetts House of Representatives saw the year end with the realization of a rumor that seemed to become an oftreferenced question every second December of a session: is Speaker Robert DeLeo (D-Winthrop) leaving office for greener pastures? In a year like no other, Speaker DeLeo announced his intention to leave the 160-member body at the end of 2020. His former colleagues immediately rallied behind Majority Leader Representative Ron Mariano (DQuincy), who took the reins of the House with only six days remaining in the 2019-2020 legislative session. Speaker Mariano was then elected as the Speaker of House for the 2021-2022 legislative session in early January. For his part, Speaker Mariano, who was elected handily to one of the Commonwealth’s most powerful positions, has been one of the most influential House members for the past decade. A lifelong resident of Quincy, Massachusetts, Speaker Mariano attended Quincy public schools, graduated from Northeastern University in 1969 with a bachelor’s degree in Business Administration, and received his master’s degree in Education from the University of Massachusetts Boston in 1972. After graduation, Mariano taught elementary school history in the Quincy public schools for twelve years. As reported on his campaign website, he has been a lifelong basketball fan and coached Quincy Youth Basketball for many years. The former Chair of the Joint Committee on Financial Services before ascending to Assistant Majority Leader and then for the past 10 years as House Majority Leader, Speaker Mariano has JANUARY, 2021

a number of legislative accomplishments that he can point to. He has been actively involved in both House health reform bills, beginning with the landmark 2006 health care/health insurance reform initiative. He was also actively involved in a wide variety of auto reform initiatives as well as a number of economic development initiatives, including the creation of the Tri-Town/Southfield development area. A lifelong Democrat, Speaker Mariano is known as a centrist, consensus builder, but has supported a number of progressive initiatives over time. For UCANE members, it should be noted that Speaker Mariano is well versed in water infrastructure funding and related issues. While the new Speaker will undoubtedly lay out more of a roadmap at the start of the new legislative session, he has identified a number of early priorities, including the following: (a) continued health care reform with a focus on community hospitals; (b) green energy, which will focus on offshore wind power; (c) infrastructure, with a focus on broadband and IT build-out; (d) economic development, with a focus on the Commonwealth’s recovery from the impacts of COVID-19; and (e) housing, with a focus on zoning reform. On repeated occasions, the new Speaker has asserted that he plans to be more visible on the floor and available to meet with members. He has also repeatedly emphasized that he will seek consensus on issues, but not seek super-majorities for the passage of proffered legislation. The 2021-2022 legislative session began on January 6. continued on page 9

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Legislative Update continued from page 7

Massachusetts Legislature Ends Session with Flurry of Activity; Eco-Dev and Transportation Bond Bills Pass

T

he end of one of the Massachusetts legislature’s most unique sessions did not go quietly. With a host of conference committees meeting on matters ranging from police reform, green energy, and health care reform to transportation and economic development throughout the fall and early winter, there was plenty of work to go around. Of particular note, conferees were able to come to last minute agreement on a $16.5 billion transportation bond that will provide funding for a wide variety of road, bridge, transit, and other projects throughout the Commonwealth. As well, the bill would create a commission to study congestion pricing, a strategy that would alter tolls at different times to incentivize off-peak travel, and it would create violations

for drivers who park their vehicles in designated bus lanes. The final bill did not include an authorization for cities and towns to pursue their own revenue-raising regional ballot initiatives and "value capture" models to collect funds from real estate development near highways or transit. For UCANE’s purposes, the transportation bond bill did not include a new procurement tool, opposed by UCANE, that would have potentially harmed certain contractors. At the same time the Massachusetts legislature was finalizing its details surrounding transportation, a $626 million economic development bond bill emerged from its conference committee. The legislation, which contained some of the Governor’s proposed affordable continued on page 11

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Legislative Update continued from page 9 housing initiatives, will fund a wide variety of housing, development, and workforce programs. The legislation also included a clarification required to resolve differences in federal and state law, to the paid family medical leave law that many organizations, including UCANE, had supported. As well, the legislation included a commission, which UCANE supported, to study the current minority and woman business enterprise workforce instead of simply inserting higher MBE and WBE workforce goals as proposed in one branch’s version of the bill. While UCANE was not listed as a member of the commission, it plans to participate in the commission process. While the 2019-2020 session has ended, the Governor was still allotted a full 10 days to consider the legislation before him. To review the transportation bond bill, please visit: https:// malegislature.gov/Bills/191/H5248. To review the economic development bill, please visit: https:// malegislature.gov/Bills/191/H5250. continued on page 13

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Legislative Update continued from page 11

Governor Commits to TCI as Legislature Sends Him Emissions Reduction Legislation

T

he Commonwealth’s green energy and clean emissions policies saw significant movement in December due to two significant developments: the adoption of the Transportation Climate Initiative (TCI) and the passage of comprehensive green energy legislation. With respect to the TCI, Massachusetts, Connecticut, Rhode Island, and the District of Columbia announced their plans to launch a groundbreaking multistate program that will attempt to reduce pollution while generating revenue for cleaner transportation choices and healthier communities. The program focuses on establishing targeted goals for reducing greenhouse gas pollution from motor vehicles in the region by an estimated 26% from 2022 to 2032. Proponents of the program predict the program will generate a total of more than $3 billion over 10 years for the participating jurisdictions to invest in equitable, less polluting transportation options, and to help energize economic recovery. In an accompanying statement, the eight other Northeast, Mid-Atlantic, and Southeast states indicated

that they would continue to work with Massachusetts, Connecticut, Rhode Island, and the District of Columbia on the development of the details of the regional program while pursuing state specific initiatives to reduce emissions and provide clean transportation solutions. While the states of Delaware, Maryland, New Jersey, New York, North Carolina, Pennsylvania, Vermont, and Virginia participated actively in developing the TCI program, they chose not to join the pact at this time. The gist of TCI is that large gasoline and diesel fuel suppliers will be required to purchase “allowances” for the pollution caused by the combustion of fuels they sell in participating jurisdictions. Auctioning those allowances would generate $300 million every year among the jurisdictions for investments in equitable, less polluting, and more resilient transportation. Under the agreement signed in mid-December, the signatory states agreed to dedicate a minimum of 35% of each jurisdiction’s proceeds — nearly $100 million each year in the inaugural jurisdictions combined — to continued on page 15

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Legislative Update continued from page 13 ensure that communities underserved by the transportation system and overburdened by pollution will benefit equitably from clean transportation projects and programs The first reporting period will occur by January 1, 2022 with the initial compliance period occurring January 1, 2023, unless otherwise extended by the signatory states.

training and certifying utility contractors. The bill also instructs the DPU to set standards for maintaining gas distribution maps and records and directs gas companies to report "disruptions in the provision of electronic data" as a service quality metric. The compromise legislation extends whistleblower protection to utility employees who report violations of law by their employers. Finally, the legislation increases the penalties for failure to restore service after emergencies and raises the cap on civil penalties for gas pipeline safety violations, but does not amend the Dig Safe law as originally proposed. UCANE appreciates the work of House Chair Tom Golden and Senate Chair Mike Barrett of the Joint Committee for Telecommunications, Utilities and Energy, along with their staff, for their work on this matter. The compromise legislation, which also includes provisions allowing for the adoption of local, net-zero stretch codes, includes a variety of provisions embracing solar and wind power. The legislation may be viewed at: https://malegislature.gov/Bills/191/S2995 continued on page 17

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Legislative Update continued from page 15

I

UCANE Weighs in on Unemployment Insurance Relief

n light of the Commonwealth’s unprecedented unemployment as a result of the COVID-19 pandemic, the laws governing the Massachusetts’s unemployment system are scheduled to trigger a significant increase for employers. Accordingly, the Baker-Polito Administration filed legislation at the end of December to “freeze” the unemployment assessment while providing other mechanisms for replenishing the fund to repay previous federal assistance. Repaying previously received federal assistance prevents all employers, regardless of their experience rating, from having to pay penalties associated with the late repayment of these funds. In supporting this legislation, UCANE submitted a letter to House and Senate leadership stating: “[T]he Commonwealth’s unemployment insurance rates are directly tied to the fiscal health of the Unemployment Insurance Trust Fund (UI Fund). Due to the devastating impact of the COVID-19 pandemic, the UI Fund has been significantly impacted. Even with additional federal funding, the equation that establishes contributions into the UI Fund will require employers to absorb upwards of potentially 60% in increases. Few employers will be able to withstand

JANUARY, 2021

this type of increase without it having some type of impact on their 2021 operations. Accordingly, UCANE respectfully requests the Massachusetts legislature adopt a “freeze” on unemployment insurance rates similar to the proposal in HB5206 whereby the experience rate of employers for calendar years 2021 and 2022 would remain at the rate for “Schedule E”. Without this rate freeze, the current 2020 employer tax rate of “Schedule E”, or $539 per employee, will increase to “Schedule G”, about $866 per employee, reflecting an almost sixty percent (60%) increase. For UCANE members, this increase will have a significant impact given the fact much of our members’ work was bid long before this pandemic hit.” As it has historically done, the Massachusetts legislature is expected to act on this issue in the beginning of the legislative session. At the end of the previous session, the Joint Committee on Labor and Workforce Development had issued a favorable report on the Governor’s legislation, but the legislation was not passed by the end of the 2019-2020 legislative session. To review the Governor’s filed matter (HB5206), please visit: https://malegislature. gov/Bills/191/H5206. continued on page 19

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Legislative Update continued from page 17

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

M

id-December saw the Baker-Polito Administration announce the awarding of nearly $300,000 in grants to five multi-community stormwater coalitions across the Commonwealth to help local cities and towns meet existing and upcoming stormwater management requirements. The funding program, administered by the Massachusetts Department of Environmental Protection (MassDEP), enables 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 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 ($75,354). The Statewide Stormwater Coalition has developed education and outreach programming for more than 180 municipalities in Massachusetts that satisfy one out of six minimum control measures of the 2016 MS4 permit. For this project, the Statewide Stormwater Coalition will expand the educa-

tion campaign through social media and YouTube advertising, translate video outreach materials to Spanish to reach a broader audience, and offer social media training for municipal staff on how to reach underrepresented audiences. Neponset River Watershed Association ($66,776). This project will develop phosphorus and nitrogen source identification reports for its own member communities and those of the Connecticut River Stormwater Coalition to satisfy requirements under Phosphorus and Nitrogen Total Maximum Daily Load (TMDLs) plans. As part of this work, NepWRA will produce pollutionloading maps and propose approaches to reduce nutrient loading. The method developed by NepWRA will be available to all other municipalities that are affected by TMDLs in the state. Merrimack Valley Planning Commission ($45,000). This project will create a geospatial tool that helps to identify permittee-owned properties that can be retrofitted for stormwater management in each of its 15 member communities. Best Management Practice cut sheets will be developed for two sites in each community. As part of the planning tool, the Merrimack Valley Stormwater Collaborative will place special emphasis on environmental justice communities. Charles River Watershed Association (CRWA) ($59,771). This project proposes a new collaboration with the Central Massachusetts Regional Stormwater Coalition to develop Phosphorus continued on page 21

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Legislative Update continued from page 19 Control Plans for communities affected by the Lakes and Ponds and Charles River Phosphorus TMDLs. CRWA will develop model Phosphorus Control Plan templates that will contain several recommendations on phosphorus reduction crediting and bylaw updates for each of the 54 communities included in the project. • Massachusetts Maritime Academy for Buzzards Bay Stormwater Collaborative ($47,000). Massachusetts Maritime Academy will train municipal staff on the utility trailer outfitted for illicit discharge detection sampling that was funded under the same program in fiscal year 2020. The eight Buzzards Bay municipalities participating in this program will also benefit from storm sewer system mapping support from Mass. Maritime Academy. Over 200 Massachusetts towns discharge stormwater under U.S. EPA's NPDES Municipal Separate Storm Sewer Systems permit (the MS4 Permit). This 5-year permit, jointly issued by EPA and MassDEP, requires towns to meet six minimum control measures. For more information on MS4 permits and their requirements, please visit: https://www.mass. gov/info-details/stormwater. continued on page 23

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Legislative Update continued from page 21

Paid Family and Medical Leave Benefit Program Launches for Eligible Workers in Massachusetts

W

ith the start of 2021, the Massachusetts Department of Family and Medical Leave (DFML) announced that workers eligible for Paid Family and Medical Leave (PFML) may begin filing certain benefit requests. In particular, starting January 1, 2021, workers can apply for leave for welcoming a new child into their family, for their own serious health condition, and for certain military considerations. Starting July 1, 2021, workers can apply for leave to care for an ill or ailing relative. The program, which is offered separately from the federal Family and Medical Leave Act and any employer-offered leave, provides up to 20 weeks of paid leave per benefit year to manage a serious personal health condition, up to 12 weeks to care for a family member or to bond with a child, and up to 26 weeks to care for a family member who is a member of the armed service. As reported in a DFML press release, Massachusetts workers can apply for: • Medical leave due to their own serious health condition. • Family leave to bond with a child. • Family leave to care for a family member with a serious health condition that relates to military service. Beginning July 1, 2021, Massachusetts workers can apply to: • Care for a family member with a serious health condition. For the purposes of family leave used to care for a family member, family members include spouses, domestic partners, children, parents, grandchildren, grandparents, or siblings; spouses’ or domestic partners’ parents; and guardians who legally acted as a parent when the worker is a minor. Workers can take paid family leave to care for a family member with a serious health condition regardless of where the family member resides. Under the governing law and accompanying regulations, workers should give their employers at least 30-days’ notice before beginning their application for paid leave. Applications for future paid leave may be made up to 60 calendar days in advance of JANUARY, 2021

the anticipated start date. Unplanned leave due to an emergency can be applied for retroactively up to 90 calendar days after a worker has taken time off from the job. Workers should make every effort to schedule their leave for a time that will not disrupt the employer’s business. Workers may not be paid wages or salary or use paid sick or vacation time or other earned time off that covers the same period for which the worker receives PFML benefits. Additionally, the amount a worker receives in paid leave benefits and the total amount of leave he or she is eligible for may be reduced by any wage replacement or disability program the worker is enrolled in or has used in the past, either through the government or through the employer. For more information about eligibility, benefits, and how to apply, please visit: www.mass.gov/pfml. n

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Representative John Mahoney (D-Worcester)

Representative John Mahoney is a lifelong resident of Worcester, where he attended the Worcester Public School (WPS) system. He met his wife there and together they raised their four children who have also attended WPS. Their youngest child will soon be graduating from High School and three have already graduated and gone on to Massachusetts state schools. Representative Mahoney and his family love living in the City of Worcester and are proud to call it home. Prior to being elected to the House of Representatives, he owned and operated several pubs in Worcester for many years. As an entrepreneur and small business owner, Representative Mahoney always followed politics and had a deep interest in it, and he saw that there were some needs in his city that were not being met. He ran for State Representative because the City of Worcester needed new school construction, roadwork development, and major investments in the infrastructure systems. Representative Mahoney said, “Every day, I work to ensure that anyone who chooses to live in Worcester has the ability to comfortably and affordably raise a family here, so that future generations will have the opportunity to succeed.”

Q:

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

A:

As a small business owner prior to entering politics, I followed and watched Worcester’s excellent Public Works’ Commissioner Bob Moylan. Bob is now retired, but in the 90s he led us through the process of building a new water filtration plant for the city. He did a great job articulating the need for the facility, and why water projects are so critical and important to our public health. We take a lot of this infrastructure for granted, but you realize quickly why these issues are so vital. Clean water and proper sanitation are basic and essential human rights. During the pandemic, many people have stayed at home to remain safe and were reliant on the proper local maintenance of water. That is why it’s critical to invest and ensure JANUARY, 2021

that water and sanitation is safe, accessible, and affordable to all.

Q: A:

What do you believe will be the greatest challenge for your district and region with regard to economic recovery?

We have a big hill to climb to help people get back to work. This will definately be a challenge. Whether it be in our life sciences industry, the service industry, or in retail, we have a lot of work to do in Worcester. Beyond this, I believe the biggest challenge we’ve faced in the pandemic is education. Ensuring that our students, K-12 and beyond, get back to a normally scheduled academic year will be a key part of the road to economic recovery. We know how crucial in-person learning is for students and as we integrate back into a “new normal” we have to make sure we’re doing everything we can to prepare them to enter and compete in a global workforce. continued on page 27

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Interview continued from page 25

Q:

As we continue to recover from this crisis, please give us your thoughts on how our State will continue to provide local aid to cities and towns to help support basic municipal services, specifically our water and utility infrastructure.

A:

In the FY21 Budget, we were able to level fund all local aid to cities and towns, including significant support for municipal services, and in some instances, we were able to increase funding to targeted programs. As we formulate the FY22 Budget, we will do our best to ensure that we maintain all critical funding.

Q:

How has your job changed with the requirements of social distancing and working remotely?

A:

I have greatly reduced my in-person meetings in Worcester with constituents and other interested parties. We’ve also had very limited access to the State House during this time. In the House, we shifted to virtual formal sessions and voting. As House Chair of the Joint Committee on Public Health, our committee successfully hosted public hearings virtually. Like many workplaces, we are doing the majority of our meetings on Zoom or over the phone. Fortunately, most constituents who contact my office do so by phone or email, and we are always accessible for any questions or concerns that may come up. I’m grateful that technology has enabled us to stay connected to our communities. n

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OSHA at 50: Highlights of the First Five Decades The Occupational Safety and Health Administration (OSHA) turned 50! On December 29, 1970, the Occupational Safety and Health Act was signed to ensure safe and healthful working conditions for America’s workers. Since our agency’s launch, worker fatalities have decreased by about 60%, while work-related injuries and illnesses have decreased by nearly 80%. Although we have helped significantly reduce workplace fatalities, injuries, and illnesses, there’s still more work to be done. As we celebrate five decades of service to America’s workers, we’re reflecting on some of OSHA’s key milestones and standards.

1970s

In its first decade of service, OSHA introduced consensus standards, protecting workers from the health risks associated with asbestos and chemical carcinogens. The Cotton Dust Standard of 1978 led to a 90% decrease in worker fatalities associated with brown lung disease. Additionally, the OSHA Training Institute was established to educate both inspectors and the public.

1980s

OSHA continued to implement safety standards during its second decade, including excavation and trenching, grain handling facilities, and the lockout/ tagout of hazardous energy. OSHA also created the Voluntary Protection Programs to recognize employers with exemplary safety and health records.

1990s

As science and technology progressed, OSHA issued new standards to protect workers, including on bloodborne pathogens and process safety management. The agency also issued standards to protect traditional workforces, including longshoring and marine terminals. Additionally, the agency created the Strategic Partnership Program to improve safety and health within OSHA’s jurisdiction. To broaden its reach and protect more workers, OSHA launched its website, www.osha.gov. Every day, the site welcomes an average of more than 89,000 visitors and records an average of 168 workplace complaints.

2000s

In response to the terrorist attacks of 9/11 and a series of natural disasters, OSHA provided resources to protect first responders. A fire and explosive standard introduced during this time covered issues like fire protection in the shipyard industry and combustible dust. The agency increased inspections of U.S. JANUARY, 2021

oil refineries following a deadly explosion in the Gulf of Mexico. Additionally, the agency developed compliance resources to prepare for national emergencies.

2010s

Over the last decade, OSHA has addressed new safety concerns in the construction industry, issuing standards for silica protection and working within confined spaces. The agency launched a series of annual safety awareness campaigns, including the National Safety Stand-Down to Prevent Falls in Construction, which reached more than 457,000 workers in 2019. The #MySafeSummerJob initiative was established to educate young workers on job safety, rights in the workplace, and voicing their concerns. Finally, OSHA improved its outreach efforts by sponsoring more public forums and soliciting input on key initiatives, such as safety and health conditions for Hispanic workers, among others. Over the past year, OSHA has responded to over 11,000 coronavirus complaints. The agency investigated every complaint, removed more than 646,000 workers from coronavirus hazards, and provided more than 20 guidance documents in multiple languages to help employers keep workers safe. To read more about OSHA’s first five decades, visit the OSHA at 50 webpage. n

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Baker-Polito Administration Awards Grants for Water Management and Conservation Projects BOSTON — The Baker-Polito Administration recently announced more than $360,000 in grants to help 18 communities with water system interconnection, demand management, and water mitigation projects across the Commonwealth. The funding will be utilized in the communities of Auburn, Avon, Dighton, Leicester, Littleton, and Westford, and a consortium of 12 South Shore communities. “As the Commonwealth deals with drought and other impacts from a changing climate, the grants will help these communities build resiliency into their water infrastructure and prepare for future water needs,” said Governor Charlie Baker. “Our administration is proud to help communities better manage their water supply while protecting the environment.” “Preserving the Commonwealth’s natural resources yields both environmental and economic benefits,” said Lieutenant Governor Karyn Polito. “Once implemented, these grants will further help local water suppliers in their efforts to provide clean and safe water and maintain a sustainable supply in their communities for many years to come.” The grants are part of the Water Management Act (WMA) Grant Program, an effort by the Executive Office of Energy and Environmental Affairs (EEA) and the Massachusetts Department of Environmental Protection (MassDEP) to maintain healthy rivers and streams and improve degraded water resources over time. The WMA Grant Program helps water suppliers by providing grants for watershed planning projects, demand management, and minimization and mitigation activities for water withdrawal impacts. “Proper management and conservation of water resources continues to be one of our top environmental priorities, as communities across the state deal with drought and other climate challenges,” said EEA Secretary Kathleen Theoharides. “It is critical for the health of our natural infrastructure to conserve water, especially in our most-stressed watersheds, and these grants will help local officials plan for and manage water demand today and into the future.” “The Commonwealth is committed to partnering with local communities to preserve and protect their streams, aquifers and critical habitats,” said MassDEP Commissioner Martin Suuberg. “As we begin to see the impacts of climate change at the local level, this funding is awarded directly to communities to help them improve the ecological condition of their waterways and reduce water system demand into the future.” The WMA Grant Program helps guide water manJANUARY, 2021

agement in the Commonwealth for both the long-term water needs of communities and the protection of the aquatic ecosystems. The following grants were awarded: • Auburn Water District: Water Conservation Planning and Preparation for Implementation of Proposed Worcester Interconnection – $84,445. • Town of Avon: Interconnections, Phase II (with Stoughton and Brockton) – $54,750. • Dighton Water District: Water Rate Study – $23,800. • Leicester Water Supply District: Alternative Source Evaluation – $92,000. • Westford and Littleton: Continuation of the Stonybrook Restoration Project – $83,603. • Scituate: Demand Management Outdoor Water Conservation Campaign (in consortium with Cohasset, Duxbury, Hanover, Hingham, Hull, Kingston, Marshfield, Norwell, Pembroke, Rockland, and Weymouth) – $22,311. “It is vital that communities throughout the Commonwealth have easy access to clean water,” said State Senator Michael Moore (D-Millbury). “The Water Management grants provide towns throughout the state with the resources needed to establish adequate water supply infrastructures. The grant program also contributes to the protection of aquatic ecosystems, which allows us to keep the environment as a whole healthy.” “I applaud Avon town officials for their hard work on this application, allowing them to successfully secure these funds,” said State Senator Walter F. Timilty (DMilton). “This funding will help the Town of Avon evaluate their infrastructure and provide future options as to the town’s water resources. Their work will, ultimately, provide a much safer system for the citizens of Avon.” “This grant will allow Avon to develop a long-term plan to access clean water for residents in a sustainable way,” said State Representative William Galvin (DCanton). “I applaud Avon town officials for all of their hard work on this project and I am grateful that this crucial project has received the necessary funding.” n

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Flint Michigan’s Drinking Water Crisis: Five Years Later City’s discovery of lead in the water system started a national awareness campaign but created hardship and heartaches for Flint residents and a long and very expensive fix.

Five Years of Construction Coming to an End It was January 2016 when Michigan Governor Rick Snyder declared a state of emergency in Flint, Michigan. Levels of lead contaminants found throughout the city’s water system were found to be grossly in excess of EPA drinking water standards. Many water samples were being recorded at 10-20 times the safe limits for lead established by the federal government. Within two weeks of the Michigan Governor’s declaration, President Obama followed and declared the situation in Flint to be a Federal State of Emergency. 34

Between June 2016 and the end of 2020, the federal government and the State of Michigan have spent nearly $400M to correct the lead issue and to upgrade the water distribution system for this economically depressed suburb of Detroit with a population of about 98,000 – moving downward steadily from nearly 200,000 in 1970. The massive investment into this community covered a host of items intended to not only protect the health of citizens, but to insure the continued viability of both the water system and the City of Flint itself.

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Costs associated with this man made disaster included countless tests of not only water but bloodwork as well, new water meters to every home and business (30,000), bottled water and coolers for several years, water filters for homes, upgrades to multiple pumping stations and the water treatment facility, replacement of substantial amounts of 65 to 80-year-old local mains (8-inch to 16-inch) and transmission mains (18-inch to 30-inch), construction of a 5.5-mile 36-inch redundant supply line, and replacement of all lead service lines from mains to houses. Other costs paid out included $40M towards medical expenses and programs, as well as long term monitoring of children with elevated lead levels in their blood. Nutrition programs, additional City employees to assist impacted residents, bills from dozens of consulting firms, engineers, and water experts, and $25M in water bill forgiveness. With all the long overdue system upgrades being done and paid for over the last few years, the State is hopeful that the water rates in Flint can be lowered going forward so that the residents can afford to pay their monthly bills. Typically, in any given year, the City is forced to shut water service off to more than 5,000 of their customers due to delinquent bills. Five years later the physical work of replacing

miles of old cast iron water mains and 10,300 individual lead service lines to houses and businesses that began in June of 2016, is finally wrapping up. Some final cleanup and paving remain to be done in the spring of 2021. The impacts to residents and parents living in Flint, and especially to 9,000 young children from Flint who consumed the lead tainted water, may last considerably longer.

A Cost Saving Idea That Went Bad The events that led up to the state of emergency in 2016 started out innocently enough and with the best of intentions. In early 2014, City officials wanted to reduce the cost of purchasing raw water and therefore reduce the cost of water bills for their residents which, at the time, were double the national average. After 30 years of purchasing water from the Detroit Water Authority, Flint officials were unable to negotiate lower rates and made a decision to join another County Water Authority. One glitch was the timing of this change of raw water suppliers. Flint would not be able to receive water from the County Water Authority until a new supply main, under construction between Lake Huron and Flint, was completed in 2017. The decision was made to draw water from the nearby Flint River continued on page 37

Five Years of Construction is Coming to an End It was January 2016 when Michigan Governor Rick Snyder declared a state of emergency in Flint, Michigan. Levels of lead contaminants found throughout the city’s water system were found to be grossly in excess of EPA drinking water standards. Many water samples were being recorded at 1020 times the safe limits for lead established by the federal government. Within 2 weeks of the Michigan Governor’s declaration, President Obama followed and declared the situation in Flint to be a Federal State of Emergency.

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A Cost Saving Idea continued from page 35 until the new supply main was operational. By late 2014, the changeover was complete and Flint River water was flowing through the Flint water system. Almost immediately many residents complained about dirty and foul-tasting water coming into their homes. Although Flint and the State of Michigan water agencies were at all times responsible for treating and testing the raw water, both agencies were slow to respond to complaints until they became a crescendo in late 2015. By that time, a handful of residents had hired their own consultants to test the water and the results were shocking and soon to become a nightmare for residents and water officials alike. Elevated levels of lead were found throughout the Flint water system and at faucets inside homes. In addition to the water looking and tasting bad, it was found to be unhealthy for consumption. That resulted in the state of emergencies that were declared in January 2016 and the beginning of the five year ordeal endured by Flint residents and widely publicized throughout the entire country. Within the first year the reason for the elevated lead levels was determined by outside consultants to be incomplete testing of the new (Flint River) raw water source and the absence of chemical treatment

adjustments at the Flint Water Treatment plant to neutralize certain chemical properties present in the new water source. The changes were soon made at the treatment plant, but it was too late. Lead joints in mainline pipes and lead water service pipes had been compromised and no amount of flushing of the water system was going to sufficiently reduce the lead levels and, perhaps more importantly, satisfy the residents who had been exposed. As federal and state monies started flowing into Flint in mid-2016, construction activities on the wacontinued on page 39

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A Cost Saving Idea continued from page 37 ter system began slowly at first. At the same time the search for liability intensified and finger pointing began between water employees at the local, state, and even federal levels. Accusations ranged from negligence to mismanagement to criminal cover-ups. Lawyers from across the country headed to Flint looking for clients and began filing class action and individual claims against any and every party that had anything to do with contaminating the drinking water in Flint.

Litigation Status

A breakout of Legionnaires’ disease in 2015 that killed 12 Flint residents was connected by Michigan’s State Attorney General to the same water disaster. Ultimately 15 city and state employees were charged with varying crimes ranging from misconduct to manslaughter. In June of 2019, seven defendants pleaded no contest to the charges, but the prosecution and the judge have yet to accept the plea. Also in 2019, the Attorney General dismissed charges without prejudice against the other eight defendants and assigned a Special Prosecutor to renew investigations in the case. Although the statute of limitations has run out on many of the charges, the Attorney General is expected to ask the courts in 2021 to extend the statute of limitations citing COVID-19 as the reason for delays in being able to timely prosecute the cases against the 15 individuals.

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In December 2020, the Michigan Attorney General Dana Nessel brokered a settlement that combined more than 100 separate civil lawsuits by Flint residents and others. The proposed deal would end litigation against the City of Flint, McLaren Regional Medical Center, the engineering and environmental services firm of Rowe Professional Services, and the State of Michigan. Suits against others not listed, including the EPA, were not part of the settlement. The agreed price tag was an astounding $641M, the vast majority ($600M) of which was paid by the State of Michigan. A judge is expected to approve the settlement in January 2021. “This settlement agreement is just one of the many ways we will continue showing our support for the city and residents of Flint,” Governor Gretchen Whitmer said in a statement. “The proposal that has been presented to the judge is an important step forward and we are committed to helping the residents of Flint participate in this process as we all work together towards the brighter future that Flint deserves.” What started out as an honest attempt to save some money for the water ratepayers of Flint ended up disrupting the lives of tens of thousands, potentially effecting the future health of thousands of children, and costing taxpayers from Michigan and across the country over $1 billion - and still counting. Editors Note: On January 13, 2021 major media sources are reporting that the Michigan Attorney General Dana Nessel and the Special Prosecutor’s office have moved forward with multiple charges against the public officials whose cases were dropped in 2019. The list to be prosecuted include former Michigan Governor Rick Snyder who served from 2011 to 2018; former Director of Michigan Health and Human Services Department Nick Lyon (2015-2019); former Flint Director of Public Works Howard Croff (20112015). Others are expected to be charged according to late breaking news accounts. n

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

Taking Some COVID-19 Lessons Learned Into 2021 First and foremost, I would like to thank Patrick Saltmarsh for taking the time to write Safety Corner articles for the last two years. He created an engaging monthly article for relevant safety information. I’m looking forward to sharing my experience as a Safety Professional with Construction Outlook readers and building on Patrick’s momentum throughout the coming year.

A

s we turn the page and begin 2021, we look back on what 2020 brought us. Many would like to forget about 2020 altogether. I am suggesting you look at it differently. What if 2020 was the best year of your life? Think about that for a minute. Let the thought sink in. You were forced to face challenge after challenge. You were forced to adapt and overcome obstacles you might never have otherwise encountered. You were forced to be more resilient than you thought possible. 2020 forced everyone to grow. Not just a little, but exponentially. We have all heard of the old saying “necessity is the mother of invention.” Another word for invention is innovation and that is exactly what we all have had to do thanks to COVID-19 – to be more innovative. Some things may never go back to the way they once were, and from a health and safety standpoint, that might not be so bad. Prior to 2020, my bet is not many people had been on a video conference call, let alone known how to conduct one. We quickly learned the dynamics of video conferencing. We learned the magic of the mute button, that you need to be aware of your surroundings while on a video call, and that sometimes you can get away with wearing shorts since you are only visible from the chest up, sometimes. Innovation did not stop there though. Decades JANUARY, 2021

old methods used for safety teaching and training were suddenly thrown to the side and a new style was forced to be developed. Virtual training brought on the ability to reach a larger audience. However, you cannot just take the classroom curriculum and throw it into the virtual theatre. Teachers and trainers were forced to review, revise and in some cases, start all over again in order to ensure the material translated well virtually. 2020 gave way to the rise of contactless processes. From means of payment to electronic forms and checklists. The construction industry was thrown into a cyclone of change. Inspections, toolbox talks, daily continued on page 43

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Safety Corner continued from page 41 pre-tasks, site specific safety plans, JHA’s ( Job Hazard Analyses), and even certifications and licenses were all required to be digitally submitted. Piles of paper are no longer the norm in construction trailers. What used to be plan tables are now screens. Onsite meeting rooms and trailers are now outfitted with cameras and equipment for virtual meetings and screensharing. Employee wellness stepped up into the forefront as well in 2020. Pre-screening at the jobsite gate began as a total annoyance, but eventually became seen as a useful interaction. Why not see how your employees are feeling before they start their day – not just physically but mentally as well? Prior to 2020, employers and safety profession als in the construction industry were dealing with mental health issues and the growing opioid crisis. The pandemic surely exacerbated this situation causing an increase in anxiety, depression, and substance abuse. As winter layoffs begin, lockdowns continue, and social isolation is extended, these conditions will only intensify for many employees. COVID-19 has allowed employers and employees to know each other a bit more personally, and frank discussions about depression or substance abuse are no longer taboo. Keeping a watchful eye on both the mental and the physical side of your employee’s health cannot help but result in increased jobsite safety and decreased employee absenteeism. With all of the changes that 2020 has brought, I believe one of the most significant has been the renewed connections with those that we love. The family time that we all grew up with has seen a comeback. Old hobbies have been revived. For safety professionals that’s a good thing because one of the challenges we face is keeping the “why” fresh for employees. What is the why? It is the reason someone is working, the reason they do what they do. For many it is family, for some it is their friends, their coworkers, a hobby; ultimately, it is the thing that keeps people going. JANUARY, 2021

So, as we begin 2021, try not to just look back on the negative aspects of 2020, look back on the good changes that it brought. Work to make those changes part of your everyday as we work our way through this pandemic. Find new ways to innovate. Know you are more resilient than you think. Take this opportunity to grow your company, to grow as a parent, to grow as a person – don’t waste this chance to make a difference. n

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Get to Know Your UCANE Associate Members GET TO KNOW YOUR UCANE ASSOCIATE MEMBER NEEDHAM, MA WEST HAVEN, CT 333 Reservoir St 44 West Clark St. “Providing our customers with the finest 781-444-9500 203-932-5991

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Needham, MA West Haven, CT 321 Albany St s t oReservoir mers w i t h t h e f i n e44 s t West Clark 380 (rear) Jefferson UCANE Rep.. “ Joe CirielloP r o v i d i n g o u r c u333 Street Street Blvd. 413-374-5977 781-444-9500 203-932-5991 joeciriello@genalco.com p products and quality service since 1947“ 401-736 413-781-4170 Springfield, MA Warwick, RI 9724 Visit our Website at: 321 Albany Street 380 (rear) Jefferson Blvd. 413-781-4170 401-736-9724 www.genalco.com With 4 branches in New England, Genalco is stocked and ready for the Winter of 2020-21. We will set you up for snow plowing and get you going again if you go down.

With 4 branches in New England, Genalco is stocked and ready for the winter Hydraulic hoses, cutting edge systems and snow blades are a specialty. of 2020-21. We will set you up for snow plowing and get you going again if you go Call your area store to locate your salesman for 24 hr service. down. Hydraulic hoses, cutting edge systems, and snow blades are a specialty. Call your Construction winding down for the season? Perfect time to take care of your heavy equipt. area store to locate your salesman for 24-hour service. We have all the undercarriage components, wear parts, buckets, teeth, carbide bits, and

Construction winding down for the season? Perfect time to take care of Aeroquip hydraulic hoses that you will need to get your iron ready to face Spring of 2021. your heavy equipment. We have all the undercarriage components, wear parts, Stop into one of our stores or call and tell us what you are looking to do. We’ll give you good buckets, teeth, carbide bits, and Aeroquip hydraulic hoses that you will need advice and competitive pricing for all your parts and repairs. YOUR SHOP OR OURS!! to get your iron ready to face spring of 2021.

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ourBUCKETS stores or and tell usSUPPLIES what you are looking to do. andcall TEETH MISC Grease We’ll giveThumbs you good advice and ESCO competitive pricing for Guns all your parts and repairs. Quick Couplers Black Cat Lubricators YOUR SHOP OR OURS!! Buckets MTG Starmet Diamond Blades Rippers XCAL Milling Bits Absorbents ATTACHMENTS BUCKETS & TEETH Grapples Carbide Bits Razorback Shovels • Thumbs • ESCO Compaction Wheels Welded Lip Assemblies Safety Gear • Quick Couplers • Black Cat

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I n M emoriam F elix “P hil” P ittorino

Pitt Construction Co. tion of everything from castles to golf e are deeply saddened to courses. Ultimately he transitioned out announce that on December 29, 2020, longtime of contracting into a full-time venture in former UCANE member and friend the golf course industry. Felix “Phil” Pittorino (Pitt ConstrucWith a relentless work ethic, tion Co.) passed away at the age of and through tireless hours, Phil de81, after a short illness. Phil is surveloped Wedgewood Pines Country vived by his loving wife Sandra, and Club from the forest it was to what was the devoted father of Stacy PitWedgewood is today – a family busitorino Page and Joe Pittorino, and ness with a family membership. was also the loving “Grampy” of nine While a member at UCANE, Phil served on grandchildren. Phil was the dear brother of Jerry our Board of Directors and many of our CommitPittorino (Pitt Pipeline Co.), Nancy Silva, Linda tees. He had a smile that would light up a room Pittorino, and the late Joseph Pittorino. and counted many of our members as dear Following in the family tradition, Phil joined the friends. land development business with his two brothers, The Officers, Board of Directors, Members, and later expanded into three successful compaand Staff of UCANE extend their deepest symnies. Phil’s passion for land development led him to pathies and condolences to the entire Pittorino many extraordinary ventures including developing family. n property throughout New England and the acquisi-

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UCANE’s 2020 Online Christmas & Holiday Auction A world of thanks to the following UCANE members and friends who donated cash or provided items to our auction...and to those who purchased auction items.

Sponsored by


ATS Equipment, Inc. Aggregate Industries-Northeast Region, Inc. AirSpade/Guard Air Albanese Bros., Inc. A. Andreassi & Son, Inc. American Equip. &Fabricating Corp. American Shoring, Inc. Aon Construction Services Group Badger Daylighting Baltazar Contractors, Inc. Barletta Heavy Division A. R. Belli, Inc. Benevento Companies Biszko Contracting Corp. Blue Hill Country Club Brookmeadow Country Club Dennis K. Burke, Inc. C. C. Construction, Inc. C.J.P. & Sons Const. Co., Inc. C&S Insurance Agency, Inc. Jay Cashman, Inc. Cape Cod Winwater Celco Construction Corp. Centinel Financial Group, LLC N. Cibotti, Inc. Citrin Cooperman & Company, LLP Core & Main Cullen, Murphy & Co., P.C. Dagle Electrical Const. Corp. J. D’Amico, Inc. K. DaPonte Construction Corp. Davagian Grillo & Semple LLP J. Derenzo Co. EJ Paving Company Eastern Insurance Group, LLC Eastpoint Lasers, LLC Equify Financial Equipment Corp. of America (ECA) FED. CORP. Feeney Brothers Utility Services Frank Corp. Environmental Services W. L. French Excavating Corp.

JANUARY, 2021

Fringe Consulting, LLC GVC Construction Inc. GZA GeoEnvironmental, Inc. Gagliarducci Construction, Inc. Garrity Asphalt Reclaiming, Inc. Genalco, Inc. Griffin Dewatering New england Corp. L. Guerini Group Inc. I.W. Harding Const. Co., Inc. Hilb New England Hinckley Allen LLP John Hoadley & Sons, Inc. HUB Int’l New England, LLC Iron Haulers, Inc. J2M Consulting Associates, LLC L & L Concrete Products, Inc. P. A. Landers, Inc. Lawrence-Lynch Corporation Lazaro Paving Corp. Mike Lenihan Liddell Brothers, Inc. Lockton Companies Lorusso Heavy Equipment, LLC MacKay Construction Services Inc. MBO Precast, Inc. McCourt Construction Company McGill Hose & Coupling, Inc. McLaughlin Cheverolet McWane Ductile MerchantPro Express Metro Equipment Corporation Milton CAT North American Crane & Rigging North East Shoring Equipment, LLC NorthStar Insurance Services, Inc. OHS Training & Consulting, Inc. Ocean State Oil Robert B. Our Co., Inc. R. M. Pacella, Inc.

Palmer Paving Corp. Pawtucket Hot Mix Asphalt Perma-Patch, LLC Podgurski Corp. J. A. Polito & Sons Co., Inc. Power Line Contractors, Inc. E. J. Prescott, Inc. H. R. Prescott & Sons, Inc. RJV Construction Corp. RSM US LLP Ricciardi Bros. Inc. Ritchie Brothers Auctioneers Roadsafe Traffic Systems Rodman Ford Sales, Inc. Rogers & Gray Insurance SPS New England, Inc. Sandy Burr C.C. (Wayland) Schmidt Equipment, Inc. Scituate Concrete Products Corp. Scrap-It, Inc./ Minichiello Bros., Inc. Shea Concrete Products, Inc. Starkweather & Shepley Insurance Brokerage, Inc. Simpson, Gumpertz & Heger, Inc. Stiles Company, Inc. Taylor Oil Company Thorny Lea Country Club Tonry Insurance Group, Inc. Travelers Triumph Modular U.S. Pipe Umbro & Sons Const. Corp. United Rentals Fluid Solutions United Rentals Trench Safety Vari-Tech, LLC W. Walsh Company, Inc. WES Construction Corp. C. N. Wood Company, Inc. Woodco Machinery, Inc. World Diamond Source Xylem, Inc. R. Zoppo Corp.

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Want to Know if Raw Sewage Gets Dumped in Your Local River? There’s a Bill on Baker’s Desk About It

A

A MWRA wet weather sewage discharge outfall warning on the Charles River by the outlet of Boston's Muddy River (Robin Lubbock/WBUR)

mong the many bills sitting on Governor Baker’s desk (Editors note: When this magazine went to print.) is one requiring cities and towns to notify residents any time raw sewage ends up in a local river or water body. As gross and alarming as it sounds, sewage dumps actually happen hundreds of times every year in Massachusetts during heavy rain, because of antiquated sewer systems. They release hundreds of millions of gallons of bacteria-laden waste into waterways like the Charles, Mystic, and Merrimack Rivers, and Boston Harbor, and the problem is expected to worsen as climate change brings heavier and more frequent rainstorms to the region. The bill, if enacted, would require wastewater operators to send out email or text notifications to local and downstream residents within two hours of discovering a sewage discharge, and updates every eight hours for as long as the problem persists. They will also have to publish information online about how much sewage-laden water was released and put up signage near problem areas. First introduced in 2013, a bill establishing the notification system has been kicking around Beacon Hill for three legislative sessions. Recently, both the House and Senate voted overwhelmingly to pass it, a first for this bill and it was delivered to Governor Baker, who now has 10 days to decide whether to sign it.

JANUARY, 2021

If enacted, this notification system will represent a “public health victory for Massachusetts residents” because it will allow people “to make informed decisions on recreation and their own health,” says Patrick Herron, Executive Director of the Mystic River Watershed Association. Emily Norton, Executive Director of the Charles River Watershed Association, agrees. “This bill is really important because people use our rivers. They certainly use the Charles River for boating and recreation, sometimes dogs go into them,” Norton says. “People have the right to know if they’re putting their health at risk.” She adds that the need for this bill is especially acute because we know the coronavirus has been detected in wastewater. “If that’s in our rivers, people have a right to know.” Full data about sewage discharges during 2020 is not yet available, but recent data from the Massachusetts Water Resources Authority shows that on Christmas Day, at least 29 million gallons of sewage water was discharged into Boston Harbor, the Mystic River, and the Fort Point Channel during a rainstorm that dropped 1.49 inches of water. In 2018, a particularly bad year for sewage discontinued on page 53

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Want to Know? continued from page 51 charges, 770 million gallons of dirty water was released into the Merrimack River. If you’re wondering how on earth we could still be dumping sewage into rivers here in Massachusetts, the answer is something called a CSO, or “combined sewer overflow.” In modern sewer systems, wastewater from our sinks and toilets flows through one pipe, while stormwater from the streets flows through another. The wastewater goes to a treatment plant like Deer Island, and the stormwater is released into a river, stream, harbor, or other body of water. But some older systems are “combined,” meaning that wastewater and stormwater travel in the same pipe. Most days, this works just fine, and everything goes to the treatment plant. But in a big rainstorm, the volume of water exceeds pipe capacity and overwhelms the sewer system. Rather than let sewage back up into your house or the streets, a CSO system is designed to discharge into nearby water. Combined sewer systems are a vestige of 19th cen-

JANUARY, 2021

tury urban planning, and those existing today are mostly in older urban areas like Boston, Cambridge, Springfield, Lowell, Haverhill, and New Bedford. These days, no one builds CSOs anymore. But they still exist because they’re expensive to undo. (For more on the history of CSOs and how they affect public water bodies in continued on page 55

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Want to Know? continued from page 53 Massachusetts, read this story we published in 2019.) Since we’re stuck with them for the time being, and since climate change is going to make the overflow problem worse by causing more sudden, heavy rainstorms that overwhelm the system, environmental groups and public health advocates say that a public notification system is the least we can do. “We’re just asking that the public be notified when there’s raw sewage in the river — it’s such a no brainer,” says Julia Blatt, Executive Director of the Massachusetts Rivers Alliance, which advocated hard for this bill. “Who could be against it? It’s a public health hazard to be recreating in sewage.” But some say it’s not so easy. One example: Phil Guerin, Director of Worcester’s sewer system and President of the Massachusetts Coalition for Water Resources Stewardship, a group representing the municipal water sector. “The actual notification part, sending an email or making a phone call, is not the problem. It’s knowing whether you’ve had a CSO [event] that is the challenge,” he told WBUR in 2019. Some outfall pipes have real-time monitoring and sophisticated metering systems to measure discharge, and for those systems, a two-hour notification process shouldn’t be a problem, Guerin said. But

other systems are more antiquated. Reached for comment on Wednesday, Guerin said he hadn’t read the full text of the bill on Baker’s desk, but he’s still worried that if passed, it will “put a significant burden on sewer departments and districts,” many of which already face financial challenges. “Hopefully, as the public receives these notifications on a frequent basis and grows increasingly alarmed and upset, our state and federal legislators will come up with the hundreds of millions of dollars needed to actually fix the problems with antiquated sewer systems,” he adds. “I’m not overly confident that will happen.” Katharine Lange, Policy Director at the Massachusetts Rivers Alliance, thinks that some of these concerns are overblown. In the last legislative session, the bill was amended to allow wastewater operators to model overflows in outfalls that are hard to monitor in real-time, she says. Also, sewer operators know the capacity of the system, and many overflows happen in predictable ways, she says. “The benefits of people knowing [about CSOs] are just enormous,” Lange says. “So there’s really not a great argument not to have this in place for public safety — especially in a year when, as we’ve seen, people are turning to their local open space and the local water bodies in record numbers.” Written by Miriam Wasser. Reprinted from wbur. org. n

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Burke Lubricants half-page ad 7-31-20.qxp_Dennis K Burke Inc 8/2/20 7:45 PM Page 1

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2021 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 2021 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, 2021. 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 JANUARY, 2021

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Introduction to Cyber Security

Many folks reading about this topic struggle with the use of technical terms they don't fully understand. This article seeks to address that problem by providing some basic tips on Cyber Security in plain English. Enjoy and stay safe.

S

omething many folks don't realize is that Cyber Security does not just consist of securing down computers, iPad's, mobile phones, and tablets. It relates to anything that is connected (and sometimes not connected) to the Internet. For example, many people don't realize that the wireless (WiFi) baby monitors they buy to listen in on their toddlers and young children can be easily spied on by anyone near enough to pick up on a wireless signal. Even worse, if there is an option to talk (send your voice) to the child's room, imagine some idiot talking to your children after hacking in. Creepy! I personally tested and hacked a "GE" manufactured child monitor in under 30 minutes a few years ago, despite the manufacturer's claims of how secure it was and that the monitor used encryption. I did not know the SSID or password of the device, as both had been changed. I'm no experienced hacker either. In fact, all I needed was one of many readily available hacking tools that scan WiFi networks and then uses well-known algorithms to crack through known

JANUARY, 2021

vulnerabilities that were discovered after the release of the unit I tested. The simplicity of the exercise was an eye-opener. That's just one example. When dealing with the Internet of Things (IoT) type devices, anything that has a remote control or wireless sending capability is a potential risk. Especially when it connects to your home WiFi network. IoT can include household items like microwaves, refrigerators, thermostats, door and house cameras, light fittings operated by sound, voice-operated devices like Alexa, and the list goes on. To keep costs down, manufacturers of these devices use the minimum WiFi protection needed to be able to make a claim that their device is secure. In reality, it is not. You get what you pay for, and the only way to make these devices safe is to purchase the types with update-able ROM and Firmware circuitry so that they can be patched and kept up to date as new vulnerabilities are discovered. continued on page 61

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Cyber Security continued from page 59 On the other end of the scale, the truth of the matter is that most people will not be targetted for a hacking attack, but it's mandatory to use at least essential and necessary security measures. Hackers will always opt for an easy target, so if you use a weak or easily guessed password, then you should expect hackers to knock on your door, so to speak. The most basic form of protection includes; Password strength. Don't use anything related to your name, date (or year) of birth, your address or your pets. That includes your spouse and kids details too. Don't share private details. How much information have you shared about yourself on Social Media over the years? Bits and pieces here and there add up as time goes by, and before you know it, anyone that takes an interest in you can gather enough information about you with little more effort than using Google's search engine. It's not hard. Don't answer password recovery security questions honestly. Many websites, banking institutions and so on will ask you to set up 3-5 security questions and answers. These are then used to automatically regain access to your login account if

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you happen to forget your password. Such password resetting systems are a hacker's wet dream. Why? Let's look at an example. Q1. What is your pets name? Q2. What was the name of the primary school you went to? Q3. What is your mother's maiden name? Look at the above questions. The answers to all three are easily obtainable with a bit of research about you if you've shared the information on Social Media. Even if you haven't, there are other ways to find such information out about you. The best way to prevent hackers from using your information to hack into your accounts is to give totally irrelevant answers to the questions. The automated system doesn't care what the answers are. It only cares that you remember the answer you gave - so to make use of such a system safely, you should always use answers that make no sense to the questions being asked, regardless of what they are. Decide on three words you will always remember. Let's say we'll never forget "Cabbage" because we don't like the taste. We'll not forget the word "Motorbike" because we've never ridden one. continued on page 63

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Cyber Security continued from page 61 Finally, we'll remember the word "JoeJoe" because that was a nickname we got called in primary school. So let's now apply those answers to the previous questions. Q1. What is your pets name? Cabbage Q2. What was the name of the primary school you went to? Motorbike Q3. What is your mother's maiden name? JoeJoe You only need to decide on three words, yet the chances of a hacker guessing those answers would be considerably less (if not impossible) than if we answered them with a pets name, primary school, or mothers maiden name. DO use password managers. A password manager allows you to use long and nonsensical passwords that would take even an expensive supercomputer hundreds of years to crack. For example, how would you start about guessing the following password: 136m#kvCND%sd5^dR!h. It would be humanly impossible to use such passwords if you had to remember them all. That's where

password managers come to the rescue. DO use antivirus applications. There are dozens of different ones available, each claiming to be the best. The truth is that none of them will provide perfect protection and nor is there any guarantee that your chosen brand will be the best next year, or even in a few months. It’s important to understand that antivirus applications are always playing catch up - they are ‘always’ behind the eight ball because new computer virus’ are released all the time. That said, any virus protection is going to be better than none, even the free ones. DON’T use the same password on multiple sites. I’m not even going to bother going into details on this one. Suffice to say just don’t do it! If one website account is hacked, you don’t want the hacker to automatically know the password to dozens of your other online accounts, right? DO use 2FA when available. Two-factor authentication (2FA) systems issue a challenge code to allow access to an account, even if the password is known. The simplest form of this type of security is an SMS to your mobile phone. You enter your login name and password to your bank for example, and an SMS arrives with a randomly generated 6 digit code continued on page 64

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Cyber Security continued from page 63 to your mobile. Without that code, you can’t get in, but neither can a hacker, so it’s also a great alert system for you if someone is trying to gain access to one of your accounts. DO keep your operating systems and applications up to date. Microsoft Windows, MAC OS and similar get updated all the time. If you don’t apply these updates, you’re leaving yourself wide open to automated vulnerability seeking bots (programs) that seek out systems and programs that have not been updated to patch known discovered exploits and open doors. It’s not a hacker sitting there spending hours trying to see if “you” are vulnerable - it happens automatically, and a list of systems is generated for them to concentrate on later when it’s convenient for them. In short, lock your door - don’t leave it ajar. Cyber Security is a vast topic and one that can’t be done justice with a simple blog post. Read the many freely available articles on the topic that have been written by enthusiasts. If you do that, then you’re already a step-up above the rest of the world. Education is vital, so educate yourself, and you’ll stay safe. It’s really not that hard - it just requires a little interest and effort from you.

As mentioned earlier, it’s those that are ignorant of Cyber Security technology that are most at risk. Take even the most basic steps, and a hacker will likely move onto the next target rather than waste his time on you. A poorly locked door is much easier to break into than a well-secured one. Written by Andrew Leniart. www.computerhelpzone.com.au. Reprinted with permission. n

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Falmouth's Great Pond Area Next Up For Sewering Construction of a sewer system to serve the areas of Teaticket and Acapesket is projected for 2026.

The town has put up money for design, and planning is currently underway and this is the timetable,” Water Quality Management Committee chairman Eric T. Turkington told the select board on Monday, December 21. “These two pieces both affect Great Pond, which except for Waquoit Bay, is the water body most in need of nitrogen reduction.” While sewering will go a long way toward reducing nitrogen in Great Pond, it will not eliminate it. “I will caution us, because 60 percent of the water that comes into this water body comes from the Coonamessett River system, sewering these two areas will get rid of a lot of the problem. It will not get rid of all of the problem,” Mr. Turkington said. “There is a lot of water coming in that isn’t coming from the neighborhood. It is coming from north of [Route] 28.” Describing sewering as sensible, he said it is reasonable to expect the water in Great Pond will “improve a lot with this.” New sewers must be accompanied by an upgrade to the wastewater treatment facility, which Mr. Turkington described as “the easy one.” “We have to keep it running and we have to keep it up to date,” he said. “A failure up there would be too horrible to contemplate. I know Amy has come to you with plans for upgrading what needs to be done up there,” he said, referring to wastewater superintendent Amy Lowell. The upgrade is likely to go before Falmouth Town Meeting in 2022. “It is a no-brainer,” Mr. Turkington said. “You can’t have a sewer system in town and not maintain it.” There is also the matter of sewer discharge.

SEPTEMBER, JANUARY, 2021 2016

“As you are well aware now, we have a permitted capacity and we have a certain flow,” Mr. Turkington said. “If we’re going to add any systems, in Teaticket, Acapesket or anywhere else, we’re going to need to find a new place for the treated effluent that is produced to be discharged.” Potential locations for a discharge site include next to the wastewater treatment facility on Blacksmith Shop Road; at the Dorothea Allen parcel off Carriage Shop Road, and at the Augusta parcel in Teaticket. The water quality management committee is also considering an ocean outfall. “Before too long, we will be back before you with more detailed information and more detailed recommendations on what the pros and cons are, and what the town should be doing,” Mr. Turkington said. The committee is also looking at Waquoit Bay. “Waquoit Bay, not only does it have navigation continued on page 67

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Spotlight on Cape Cod continued from page 65

“As soon as there are results in Little Pond, we’re going to know exactly how successful this project has been,” Mr. Turkington said. The Bournes Pond inlet widening, which will expand the inlet from 15 to 90 feet wide, is on schedule for 2021. It has received its design, state, and federal permits. All that remains is approval by the Falmouth Conservation Commission. Inlet widening, the installation of a permeable reactive barrier near Great Pond, the Mill Pond restoration project, and the Eel River shellfish propagation program are necessary because of the high cost of sewers. “You’re not going to sewer every house on Cape Cod,” Mr. Turkington said. “It just can’t be done.” Boston WrittenArea by Brad Cole. Reprinted from the FalLocations mouth Enterprise. n

problems, it has the biggest nitrogen problem of any of the estuaries we’ve talked about,” Mr. Turkington said. Waquoit Bay is shared by Falmouth, Sandwich, and Mashpee, with 48 sub-estuaries feeding into it. “The first question is who is responsible for what, as far as nitrogen,” Mr. Turkington said. “We went ahead, the town went ahead and had a consultant, with Mashpee’s and Sandwich’s consent, to do a study to try to allocate the nitrogen load to each different town.” With study in hand, he said the next step is to discuss the matter with Mashpee and Sandwich to determine what each individual town’s target will be. “It is obviously a long-term, extremely complicated project, and it is not one we 2 Dexter Street are going to get to today or tomorEverett, MA 02149 row, but you have to plan ahead,” Boston Area Boston Area Mr. Turkington said. “The first thing Locations Locations 431 Second Street about planning ahead is deterEverett, MA 02149 mining how much nitrogen is our 2 Dexter Street 2 Dexter Street town’s responsibility to get rid of.” Everett, MA 02149 Everett, MA 02149 Mr. Turkington also highlighted some water quality accomplish431 Second Street 431 Second Street ments during his report to the seEverett, MA 02149 Everett, MA 02149 lect board. BOSTON AREA LOCATIONS 100 Fremont Street 2 Dexter Street 431 Second Street “West Falmouth Harbor is now Worcester, MA 01603 Everett, MA 02149 Everett, MA 02149 the first estuary on Cape Cod that has met its TDML [total maximum daily load],” he said. Total maximum daily load is the maximum amount of nitrogen that can enter a body of water while still meeting water quality standards. Falmouth met the TMDL in West Falmouth Harbor without sewering. “It wasn’t by accident here,” Mr. Bros./Scrap-It, Inc., Turkington said, noting theMinichiello town Minichiello Bros./Scrap-It, Inc. upgraded its wastewater treatment Serves over 2500 customers a week and is one of New England’s largest customers a week and is one New England's largest buyers, plan and partnered with theServes Buz- over 2500 buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal sellers and processors of scrap metal. For over 60 years has our remained zards Bay Coalition to installthe 30 same in- - tohas remained the same - to in provide the best along prices in thetop industry along with provide the best prices the industry with notch top notch service! Fred Rogers at 617-595-5505 novative alternative septic systems customer service! Callcustomer Fred Rogers at Call 617-595-5505 around the perimeter of Minichiello West Bros./Scrap-It, Inc., FalMinichiello Bros./Scrap-It, Inc., mouth Harbor. Serves over 2500 customers a week and is one New England's largest buyers, He also noted the now-comsellers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers plete Little Pond sewertheservice same - to provide the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has remain area, which will remove 88 percentservice! the customer Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch of nitrogen the town needs to re customer service! Call Fred Rogers at 617-595-5505 move from the pond. The nitrogen levels in the pond are being monitored by the US Geological Survey, Turn your metal into money today! the Marine Biological Laboratory, Turn your metal into money today! and the UMass Dartmouth School Minichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. of Marine Science and Technology.

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

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Advertisers’ Index ATS Equipment, Inc. .............................................................22 American Shoring, Inc........................................ Ins. Back Cvr. B2W Software........................................................................64 Badger Daylighting................................................................26 BakerCorp..............................................................................21 Benevento Companies..........................................................19 Boro Sand & Stone Corp.......................................................23 Brennan Consulting...............................................................39 Dennis K. Burke, Inc..............................................................56 C&S Insurance Agency..........................................................12 Concrete Systems, Inc...........................................................10 Core & Main.............................................................................4 Cumberland Quarry Corp......................................................52 Dagle Electrical Construction Corp.......................................28 Darmody, Merlino & Co., LLP................................................15 Dedham Recycled Gravel......................................................13 DeSanctis Insurance Agency, Inc. ........................................54 Dig Safe System, Inc.............................................................63 The Driscoll Agency...............................................................53 EJ...........................................................................................27 Eastpoint Lasers, LLC...........................................................60 T. L. Edwards, Inc..................................................................58 Ferguson Waterworks............................................................55 Genalco, Inc...........................................................................15 Gorilla Hydraulic Breakers.....................................................66 L. Guerini Group, Inc..............................................................54 Hinckley Allen LLP.................................................................30 Hydrograss Technologies Inc................................................61 Industrial Safety & Rescue.................................................... 11 JESCO...................................................................................37 P. J. Keating Company...........................................................14 P. A. Landers, Inc...................................................................58 Lawrence-Lynch Corp............................................................62 Lorusso Corp.........................................................................60 Lorusso Heavy Equipment, LLC............................................50 Mabbett & Associates, Inc.....................................................20 Mass Broken Stone Company...............................................27 Milton CAT...............................................................Back Cover NSI Contracting .....................................................................62 National Trench Safety..........................................................44 Norfolk Power Equipment, Inc...............................................52 North American Crane & Rigging LLC..................................18 North East Shoring Equipment, LLC.....................................66 Northwestern Mutual..............................................................21 Ocean State Oil......................................................................47 Palmer Paving Corporation.................................................... 17 Pawtucket Hot Mix Asphalt......................................................9 E. H. Perkins Construction Co., Inc.......................................68 Podgurski Corp...................................................................... 11 E. J. Prescott, Inc................................................Ins. Front Cvr. Putnam Pipe Corporation......................................................58 Rain For Rent-New England..................................................42 Read Custom Soils................................................................54 Reliable Equipment, LLC.......................................................16 Ritchie Bros. Auctioneers........................................................2 Rodman Ford Sales, Inc..........................................................8 Schmidt Equipment, Inc...........................................................1 Scituate Concrete Products Corp..........................................40 Scrap-It, Inc............................................................................67 Shea Concrete Products, Inc. ...............................................36 SITECH New England............................................................32 Starkweather & Shepley Ins. Brokerage, Inc........................38 Taylor Oil Company...............................................................60 Tonry Insurance Group, Inc...................................................66 United Concrete Products.....................................................56 United Rentals Trench Safety................................................24 Watertown Ford Commercial.................................................43 Webster One Source.............................................................52 C. N. Wood Co., Inc. .............................................................46 Woodco Machinery, Inc...........................................................6

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