Construction Outlook August 2023

UCANE’s 43rd Annual Golf Tournament

Hosted By

• Healey-Driscoll aDministration announces $11.5 million in Grants available to electrify Heavy-Duty veHicles

• ucane contractors ParticiPate in national trencH safety stanD Down week

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AUGUST, 2023

5 President’s Message: UCANE’s Partnerships Lead to Success

7 Legislative Update:

• Legislature Sends FY24 Budget to Governor; Bill Now Untethered from Tax Relief Package

• Healey-Driscoll Administration Announces $11.5 Million in Grants Available to Electrify Heavy-Duty Vehicles

• UCANE Testimony Raising Awareness About Underground Utility Coordination

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

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

UCANE’s Partnerships Lead to Success

Back in 1954, several underground utility business owners, though competing against each other, saw the benefits of joining together to speak with a unified voice that would benefit the industry as a whole. That is the very quick version of how our association was born. That sense of cooperation and willingness to form partnerships is a major reason why UCANE is one of the most highly respected and successful associations in the nation. Of course, the most important partnership is the one that exists between our members. Our contractor and associate members have a long history of doing business with one another, as well as supporting each other and UCANE. These relationships are the reason we continue to thrive in 2023. Our advocacy efforts at the federal, state, and local levels, also benefit from multiple partnerships.

We maintain critical partnerships with the leaders of our state agencies and municipal officials. Over the years, UCANE has recognized the importance of communicating directly with them, and meeting with the leaders of agencies such as MassDEP, MWRA, Boston Water & Sewer Commission, and other state agencies and awarding authorities. We have been very fortunate that the men and women of these organizations also recognize the benefit of this relationship, and as a result, we are more likely to resolve any potential issues quickly, which allows projects to move forward more efficiently.

UCANE has also made it a priority to partner with Public Works officials outside of the jobsites. We meet regularly with local Public Works Directors formally and informally to discuss how we can better work together to get the job done on time and on budget. These types of discussions and relationships can hopefully help avoid unnecessary delays and conflicts when working together on underground construction projects.

In Washington, UCANE was one of the founding members of the Clean Water Construction Coalition (CWCC), which is a national group of 28 underground construction associations from across the country representing more than 11,000 member firms. While UCANE continues to have strong relationships with the Massa-

chusetts Congressional Delegation, the CWCC allows our industry to have a broader and more effective voice not only of Beacon Hill, but on Capitol Hill as well.

On Beacon Hill, we have worked closely with many legislators who have been tremendous allies of UCANE and who understand the need to upgrade and/or replace our aging underground infrastructure. We have also been an active member of the Water Infrastructure Alliance, made up of a group of over 30 associations advocating for increased investment in water infrastructure, and we meet regularly with other construction Associations to discuss issues of mutual concern.

We will continue our efforts to grow and strengthen our association, which will help us further our mission that began back in 1954.

Lastly, I want to thank everyone who supported our 43rd Annual Golf Tournament, especially those who braved the elements, as mother nature was not totally cooperative throughout the day! You can read all about our tournament beginning on page 42. In all sincerity, on behalf of the UCANE Officers, Board, and Staff, thank you for making the day another incredible success! n

Mark Molloy, Esq.

Legislature Sends FY24 Budget to Governor; Bill Now Untethered from Tax Relief Package

The Massachusetts legislature passed its version of the fiscal year 2024 (FY24) budget proposal after its Conference Committee of three Representatives and three Senators reached an accord in late July. The budget measure was travelling a parallel path with the legislature’s proposed tax relief plan, but found its own path forward as legislators have yet to reach an accord on the tax bill. The FY24 budget does, however, account for approximately $580 million in tax relief within its structure.

As reported by the Massachusetts Taxpayers Foundation, “the FY24 budget includes $56.2 billion in total spending, including $505 million for the Medical Assistance Trust Fund and $1 billion for surtax-supported investments. This total is $804 million greater than the House budget and $305 million more than the Senate. The FY24 conference budget includes $3.8 billion more in spending than the FY23 budget signed by Governor Baker. Total spending in the FY24 conference report grows by 7.3 percent over the FY23 budget; however, separating out surtax and MassHealth-related spending offers a more interesting comparison of trends. MassHealth-related spending grows by 2.5 percent, while non-surtax spending grows by 7.1 percent. This level of spending growth for non-MassHealth accounts is abnormal and reflects the build-up of resources during two years of historic tax revenue gains, as well as lower than usual MassHealth spending growth.

Of particular note to UCANE members, the FY24 budget contains the following appropriations:

• $63.3 million for the contract assistance lineitem, which supports the important work done by the Clean Water Trust.

• $52 million for the administration of the Massachusetts Department of Environmental Protec -

tion, which plays a pivotal role in operating the various SRF programs.

• $10 million for the underground storage tank program, which continues to fund the removal of single lined, underground fuel storage tanks.

• $1.5 million for the Commonwealth’s rate relief assistance program, which is a holdover program that essentially rewards communities or regional water authorities that have undertaken water infrastructure projects.

The conference committee report includes 112 outside policy sections, a greater number than what had been adopted by either the House (48) or Senate (91). One particular outside section that may be of interest to certain UCANE members relates to quarries and pyrite. The Conference Committee contained an outside section that would require any person seeking to mine, expand, excavate, or otherwise operate a quarry for the purpose of producing concrete aggregate for sale or use in foundations, structural elements, or infrastructure such as roadways and bridges submit to the MassDEP Commissioner and the state geologist an application for a license to conduct such quarry activity. Each license application shall consist of: (i) a description of the geographic location of the quarry; (ii) a quarry operations plan including, but not limited to, mining, processing, storage and quality control methods; (iii) a geological source report, consistent with subsection (c); and (iv) the results of aggregate testing for the presence of pyrite or pyrrhotite, consistent with subsection (d). Each license application shall be accompanied by a fee in an amount to be determined by the commissioner. This section stems from an ongoing effort to highlight the impact pyrite has on reducing the effectiveness of concrete.

Among other policy areas of note, the Conference Committee report on the FY24 budget included, but was not limited to, the following:

• Student Access to Higher Education. An initial Senate measure that will allow students without legal immigration status to qualify for in-state tuition rates, and state financial aid, at public colleges or universities here if they have attended a Massachusetts high school for at least three years or obtained their GED here, has been included in the budget.

• Free Community College. The proposed budget includes $50 million to support free community college across all campuses by fall of 2024, including $38 million for free community college programs for students aged 25 or older and for students pursuing degrees in nursing starting in the fall of 2023.

• Universal School Meals. A $172 million Housebacked initiative requiring schools to provide school meals to all students free of charge, a program that began during the pandemic with federal money has been retained by the state due to its popularity.

• Codifying Preventive Health Services Cover-

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age. The FY24 Conference Committee report codifies into law the federal Affordable Care Act’s (ACA) provisions that protect access to preventive services. Preventive services include, but are not limited to screenings for cancer, diabetes, HIV, and depression, as well as preventive medications such as statins, immunizations, and PrEP (pre-exposure prophylaxis for HIV).

Among the policy provisions not included within the legislature’s FY24 Conference Committee report was the House’s proposal to allow for online lottery sales and the Senate proposal to create a Mobility Pricing Commission. The Mobility Pricing Commission would investigate, study, and make recommendations on the development of regionally-equitable public transportation, roadway, and congestion pricing. The House online lottery sales language has been a longtime priority of Treasurer Deb Goldberg, who seeks to compete against the fledgling sports betting industry in Massachusetts.

Governor Maura Healey, who has 10 days to sign the budget, execute vetoes or send back amendments, is expected to sign the budget package with minimal amendments or vetoes. To view the Conference Committee report on the FY24 budget, please visit: https:// malegislature.gov/Budget/ConferenceCommittee.

continued on page 11

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Healey-Driscoll Administration Announces $11.5 Million in Grants Available to Electrify Heavy-Duty Vehicles

The Healey-Driscoll Administration announced $11.5 million in grant funding available for lowand zero-emission vehicle and equipment projects that will help to reduce transportation emissions across Massachusetts.

The grant program, administered by the Massachusetts Department of Environmental Protection (MassDEP), will utilize $7.5 million from the Volkswagen emissions fraud settlement and $4 million from the Climate Protection and Mitigation Expendable Trust (Climate Trust). The $7.5 million available for a wide range of electrification projects is part of a multiphase approach by the Commonwealth to spend its $75 million share of the $2.925 billion settlement between Volkswagen and the U.S. Department of Justice (DOJ). The $4 million from the Climate Trust, which will be used for low- and zero-emission refuse truck projects, stems from MassDEP’s 2030 Solid

Waste Master Plan, which calls for electric and hybrid electric refuse and recycling trucks that serve residents across the state.

Under the $7.5 million Volkswagen Electric Solicitation Grant Program, applicants may apply for up to $500,000 in competitive funding to replace an older medium- or heavy-duty diesel vehicle or non-road equipment with an equivalent new electric version. Engine replacements, also known as “repowers,” also are allowed. Eligible highway diesel vehicles include medium and large trucks, school buses, transit buses, and shuttle buses with 2009 and older model year engines. Eligible non-road equipment includes cargo handling equipment, forklifts, locomotive switchers, airport ground support equipment, and ferries and tugboats. Funding to provide electric shore power for ocean-going vessels also is available.

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Under the $4 million Low- and Zero-Emission Refuse Truck Program, applicants may seek funds to replace any model year diesel waste or recycling trucks with plug-in hybrid, or fully electric versions. The grants for all project types will also cover the cost to purchase and install electric vehicle supply equipment to charge the funded equipment.

Both programs have a focus on prioritizing funding for projects in environmental justice communities. In selecting projects, one criterion MassDEP considers is whether a project provides environmental benefits and reduces environmental burdens in environmental justice communities. Non-government applicants located in or operating in these communities and government applicants are eligible for the highest funding level of 60 percent.

Applications are due by 5 p.m. on Tuesday, September 26, 2023. Interested applicants can find the online application form on the MassDEP website at: https://www.mass.gov/how-to/apply-for-a-vw-or-refuse-truck-electric-solicitation-grant.

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UCANE Testimony Raising Awareness About Underground Utility Coordination and Climate Resiliency

The Joint Committee on Telecommunications, Utilities and Energy held two separate public hearings relative to an initiative filed by Senator Julian Cyr addressing underground utility infrastructure and climate resiliency. UCANE, in an effort to continue its efforts to highlight utility coordination and the importance of protecting our infrastructure, supported the initiative with written testimony before the Committee.

As written, SB 2112 would require that upon the undertaking of a significant project on a public way exposing wastewater infrastructure, a municipality or the Commonwealth will submit written notification of the project to the electrical utility. In turn, the utility shall survey the project area for the reliability of electrical distribution lines and review repair and replacement schedules for electrical lines in the project area. SB 2112 provides that the utility shall also assess the resiliency of electrical transmission lines relative to climate resiliency, including but not limited to impacts from coastal storms. Finally, the electrical utility shall provide the repair and replacement schedule of transmission lines to the municipality or the Commonwealth. The utility is not mandated to conduct unnecessary repairs or upgrades under this legislation.

In supporting Senator Cyr’s legislation, UCANE wrote:

“From a practical standpoint, this legislation is a matter of commonsense. Too often, an awarding authority will undertake an underground utility project, spend significant funds to complete it and then watch as a different utility owner subsequently realizes that it needs to open the same worksite to update or repair its own facility. As a result, the different utility owner will

now expend additional, unnecessary resources whereas utility coordination at the outset would have prevented the need for duplicating certain work. As identified by a 2016 Special Commission on Utility and Municipal Coordination, “[w]hen underground utility construction is not well coordinated, the result is otherwise preventable project delays, impacts to the surrounding community and nearby businesses, inconvenience to the traveling public, increased safety risks, damage to newly constructed roadway surfaces, duplicative paving and roadway construction, and unnecessary expenses.” (See https://www.mass.gov/doc/special-utilities-commission-report/download) As a further consideration in support of this legislation, the Commonwealth must begin to assess and improve its climate resiliency. Climate resiliency is the ability to withstand and survive the increased impacts presented by climate change. While this legislation begins with electricity distribution, the fact remains that all utilities should be reviewed as to resiliency and, where necessary, improved.”

With the ongoing disagreement over its committee rules, it is unclear when the Joint Committee on Telecommunications, Utilities and Energy will begin releasing legislation. While SB2112 is a first-time filing, it does foreshadow a larger conversation relative to infrastructure integrity and climate change. It is expected that the Massachusetts legislature will see similar issues discussed and, potentially, addressed when it takes up a likely environmental bond bill later in the session.

To view Senate Bill 2112, please visit: https:// malegislature.gov/Bills/193/S2112.

continued on page 17

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News in Brief

• Chapdelaine to Assume Leadership of MMA. The Massachusetts Municipal Association (MMA) appointed Adam Chapdelaine as the association’s next Executive Director to succeed the retiring Geoff Beckwith in late July. Mr. Chapdelaine, a past President of the MMA and municipal leader, will begin his new role in September. Currently the Deputy Director of the Boston Green Ribbon Commission, Mr. Chapdelaine has served as City Administrator and in other roles for the City of Fall River, and as Deputy Town Manager and then Town Manager for the Town of Arlington. Before that, he served as Deputy Chief of Staff for budget and constituent services in the office of state Senator Joan Menard. A native of Fall River, Mr. Chapdelaine earned his bachelor’s degree in political science from the University of Massachusetts Dartmouth, and his master’s in business administration from Suffolk University. He lives in Dedham with his wife, Rita, and their two children.

• Swanson to Lead Policy Team at AIM. Associated Industries of Massachusetts announced

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that Stephanie Swanson will take over as Executive Vice President of Government Affairs. Having joined AIM following 10 years on Beacon Hill, Ms. Swanson worked as Legislative Director and Legal Counsel for three years for Senator Barry Finegold, and Chief of Staff and General Counsel for Senator Eric Lesser for eight years. Ms. Swanson has a bachelor of arts in political science and economics from Tufts and a law degree from Northeastern University.

• Chapter 90 Compromise Reached. A compromise Chapter 90 bond bill that includes a $200 million authorization for the local road and bridge program for fiscal 2024, as well as $175 million for seven transportation-related grant programs was reached by the Massachusetts legislature on the last day of formal sessions before the August break. The bill features a $25 million authorization for a new supplemental municipal road program, the formula for which would be calculated based on road miles, population, and whether a municipality is considered

continued on page 19

Call 811 Before You Dig

Follow these steps for a safe excavation:

• Pre-mark the location of intended excavation using white stakes, paint or flags.

• In MA, ME, NH and RI, notify Dig Safe® at least 72 hours in advance, not including weekends and holidays.

• In Vermont, notify Dig Safe® at least 48 hours in advance.

• Notify non-member facility owners.

• Maintain the marks placed by underground facility owners.

• Use caution and dig by hand when working within 18” of a marked facility.

• If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged.

• Call 911 in the event of a gas leak, or if a damaged facility poses a risk to public safety.

• Know your state’s excavation requirements.

• Go to digsafe.com for educational material and current laws.

rural (population below 10,000 and population density below 500 people per square mile). The bill would also authorize $25 million for each of the following multi-year transportation-related accounts: (i) municipal grants for infrastructure focused on the enhancement of mass transit by bus; (ii) funding for the study, design, construction or improvements that increase access to mass transit and commuter rail stations and (iii) grants to municipalities and regional transit authorities to support fleet electrification. The annual Chapter 90 road and bridge appropriation is usually a rite of Spring, but ended up being delayed over differences in the House and Senate versions of the same. To review the compromise legislation, please visit: https://malegislature.gov/Bills/193/H4013.

• Governor’s Federal Funds Office. With all of the federal funds the Commonwealth receives annually and, recently, through one-time appropriations like the America’s Rescue Plan Act (ARPA) and the Bipartisan Infrastructure Act (BIA), it is not uncommon to ask how the public can track some of the available uses or opportunities. To that end, the Governor’s Office maintains a Federal Funds Office (FFO) that provides a wide variety of resources ranging from fund use and grant opportunities to rules governing the use of certain federal funding. To view this compendium of information, visit: https://www.mass.gov/orgs/federal-fundsoffice.

• DOR Tax Directive on De Minimus A pplication of Sales/Use Tax on Rolling Stock. Earlier this year, the DOR issued a policy statement on what the de minimus application of the sales/use tax means on rolling stock used in interstate commerce. In short, “[w]here a taxpayer demonstrates that rolling stock that it owns or leases for 12 months or longer was used or stored in Massachusetts for no more than six days during a 12-month period, the Commissioner will consider the in-state use to be de minimis and will neither impose, nor require the taxpayer to pay, use tax on the use or storage of the rolling stock in Massachusetts for that period.” The directive goes on to provide a variety of examples as well as how the agency distinguishes the taxation of rolling stock under different scenarios. The policy may be found at: https://www.mass.gov/directive/directive23-1-use-tax-applied-to-the-sale-of-rollingstock-de-minimis-standard. n

Massachusetts Department of Public Utilities: Practical Tips

As you know, the Massachusetts Department of Public Utilities (“DPU”) oversees investor-owned electric power, natural gas, and water companies in Massachusetts, as well as the safety of natural gas pipelines. As the DPU continues to pursue enforcement actions, we thought it was an appropriate time to pause to highlight a few general practice tips to keep in mind when it comes to DPU compliance matters.

As always, it is imperative for contractors to comply with applicable laws, regulations, and other requirements. Depending on the facts of a given situation, more than one set of governing laws, regulations, and other requirements might apply. DPU regulations are set forth at Title 220 of the Code of Massachusetts Regulations (and include Dig Safe Regulations implementing the Dig Safe Law, M.G.L. c. 82, §§ 40-40E). In certain circumstances, federal laws and regulations may also be alleged or implicated, such as the Federal Damage Prevention Code. Compliance is critical, as contractors in violation can face significant adverse consequences, including civil fines and penalties. For example, violations of the Dig Safe Law relating to natural gas lines can give rise to civil penalties as high as $200,000. For other underground facilities, “the civil penalties range from $1,000 for a first offense to as high as $10,000 for any subsequent offense within 12 consecutive months.” Additional information (such as regulations, policies, and other administrative services) is available at DPU’s website (https://www.mass. gov/orgs/department-of-public-utilities). DPU also maintains a separate website for its Pipeline Safety Division (i.e., DPU’s “enforcement arm”) (https:// www.mass.gov/orgs/pipeline-safety-division).

Contractors should take advantage of training opportunities to facilitate an understanding of applicable requirements and provide regular training for their personnel. Contractors should implement and administer policies to promote compliance with applicable requirements and enforce discipline among employees that fail to comply. Steps should be taken to help ensure that applicable company policies and procedures – including health and safety plans – are being followed. As always, contractors should maintain detailed records when it comes to training, policy administration, and employee discipline.

continued on page 23

Construction & Public Contracts Group, Hinckley Allen, LLP

Christopher Morog Partner Robert T. Ferguson Partner

When working on jobs, contractors should consider memorializing existing conditions with photos and/or video logs prior to commencing performance. All existing markings should be reviewed and documented. If any markings are unclear, consider requesting re-markings as appropriate. Also, if there is a possibility that markings may be concealed (such as by parked vehicles or other obstructions), be sure to arrange for the obstructions to be cleared so that you can review all areas that could be marked. When taking photos, note that the photos alone may not be sufficient to identify markings without further notes detailing other relevant information, such as the precise location of the marking and a date/time stamp. While you might recognize a given marking in a photo when you take it, it often becomes harder to identify a given marking in a photo if the photo is not accompanied by other information helpful to identify the marking and its location. Consider putting together a binder of all markings, complete with photos and notes for easy reference if and when questions later arise with respect to a given marking. This would also be a useful resource in instances of improper markings, missing markings, or mismarked utilities.

Of course, in the event that a contractor encounters an incident and strikes a utility, the contrac -

tor should be sure to promptly notify the appropriate authorities (including 911 if applicable). Contractors should also carefully document the incident, with a narrative as well as photos and videos if possible to ensure an accurate and contemporaneous record. Where applicable, contractors must also be sure to prepare and timely file incident reports within the applicable time frames; we have seen instances in which contractors have not complied with incident reporting requirements.

A question that often arises when an incident occurs is whether the contractor acted reasonably under the circumstances. This can be tricky, because reasonableness often presents a question of fact: what might be reasonable in one situation might not be viewed as reasonable in another. Contractors should consult with competent counsel to assist with preparedness as well as to help navigate issues when they arise. Similarly, in the event of a notice of probable violation or other enforcement action, contractors should consider engaging legal counsel to analyze the situation, assist with strategy, and otherwise represent the contractor’s interests in an effort to help mitigate against adverse consequences. In this regard, counsel can help assist with written documentation and submissions, as well as with respect to informal conferences. n

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with UCANE’s Officers and Board Members

Will you please give us some information on your background and tell us how you got started in the construction equipment sales and service business?

I graduated from Babson College in 1990 and have been in sales my entire career. I just retired from officiating Division 1 men’s collegiate Ice Hockey for 30 plus years. My first sales job was selling readymix concrete for Boston Sand and Gravel. I have been with a few other companies during my career, but I have always been drawn towards the construction industry. I feel extremely fortunate to be a team member at ATS Equipment. It is a family-owned business that takes pride in service and helping its customers find solutions. I truly enjoy getting to meet new people and developing business relationships that turn into personal friendships.

How long have you been with ATS Equipment, Inc., and what is your role within the company?

I have been with ATS Equipment for six years this July. I am an outside sales account representative working out of our Boston branch. I am responsible for sales and rentals to municipal accounts and Contractors within my territory. I represent ATS at equipment shows and organizations that we support.

What types of construction products does ATS Equipment, Inc. specialize in selling

or renting to public works contractors, and in what areas of New England does ATS provide sales, rentals, and service of these products?

ATS Equipment is a full-service construction equipment rental and sales company. We supply air equipment and tools (compressors), compaction and paving equipment and tools, concrete and masonry equipment and tools, and all sizes of earth moving equipment (Kobelco Excavators, and Hitachi Wheel Loaders).

With four locations in New England, our inventory is extensive and includes skid steers, demolition hammers, screeners, dump trucks, and pumps and hoses of all sizes (Tsurumi and G&R). We stock power equipment, generators (Doosan and Honda), material handling and lift

continued on page 27

UCANE Board Member Chip McDonald ATS Equipment, Inc.

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

Under the Hard Hat continued from page 25 equipment, forklifts, scissor lifts and boom lifts.

Our stores carry ground thaw heaters, water trailers, and about every kind of tool a contractor might need. We do a lot of business with UCANE contractors and also with a long list of municipalities. The key is that at ATS Equipment we are able to service everything we rent or sell.

With both the federal and state governments pushing hard to eliminate fossil fuel and the production of gas and diesel engines (of all sizes), how is that impacting

your selection and sale or rental of construction equipment? What products do you see converting to electric power first and last?

The early electric conversions that we see coming from our suppliers are in the smaller tools, saws, compaction equipment, and a few mini size excavators. Our lift equipment, and scissor lifts (indoor) are already electric. As we all work out the kinks in some of these smaller pieces of electric equipment, and if battery sizes and costs can come down, I’m sure the manufacturers will gradually move to replace larger horsepower engines.

I don’t see the larger rough terrain lifts, loaders, or excavators converting to battery driven any time soon, especially considering the negative impacts that cold weather in New England has on all battery-operated equipment, including cars and trucks. You can be sure ATS Equipment will adapt our fleet to electric as fast as our manufacturers are able to produce dependable and affordable units.

Approximately what will the elimination of the combustion engine and conversion to battery powered electric motors add to the cost of some of ATS’ most popular products?

In the battery-operated tools and smaller equipment that we are getting, the increased costs vary but are in the 25% to 35% range. There will certainly be significant increases in costs as the larger diesel engines begin getting replaced and manufacturers try to main -

continued on page 29

Under the Hard Hat continued from page 27 tain equivalent horsepower, lifting capacities, etc. Batteries are the biggest concern for the manufacturers as they move to convert larger equipment. The cost, availability, cold weather performance, and the sizes of the batteries are serious issues for the construction industry. Just finding a location on some machines to place these large batteries is a manufacturing challenge. We don’t have estimates on pricing increases for larger loaders or excavators at this time, but the cost to move a cubic yard of dirt or pour a cubic yard of concrete will surely be going up.

How long has ATS Equipment been a UCANE member, and why did you accept to serve on the UCANE Board of Directors?

ATS Equipment has been a UCANE member for 22 years. I have been attending the UCANE meetings/events and functions since my employment with ATS. I have been able to interact with many great

professionals and people who are passionate about the industry. When asked to become a member of the Board of Directors, I was honored and excited. I have nothing but great respect for the Board members and the hard work and commitment everyone puts in to assure that our industry is able to thrive and to help provide solutions to any issues that may arise. I value being a member of the Board and look forward to the year ahead. n

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UCANE Contractors Participate in National Trench Safety Stand Down Week

The week of June 19-24, 2023 was designated as Trench Safety Stand Down (TSSD) Week at construction sites across the country. First championed in 2017 by the National Utility Contractor’s Association (NUCA) in a partnership with OSHA, the annual event has seen participation growth each year. This year UCANE member United Rentals was also a prime sponsor for the nationwide event.

All construction work poses some degree of risk of accidental injury to workers, especially to those with insufficient safety training. Accidents in excavation and trenching work can often be catastrophic due to the nature of the work. That is why training programs like the 2023 TSSD are so important.

Utility, Heavy Highway, and Excavation Contractors from every state devoted a portion of their day toward training their employees on working safely around trench excavations. Company Safety Officers and Foremen gathered their crews together for “Tool Box Talks,” power-point presentations, or hands-on demonstrations on how to stay alert and be safe when it comes to trenching operations.

OSHA area offices across the country offered their assistance to local contractors during the week. In Massachusetts Region 1 OSHA Compliance Specialists Peter Barletta and Joe Green offered their valuable services to the Massachusetts excavation industry.

Twenty-two UCANE contractors participated in this year’s TSSD. During TSSD Week they trained 2577 construction workers at a record-breaking 356 jobsites across New England. The number of workers trained fell just short of UCANE’s 2022 record of 2667, but once again established UCANE as the flagship of contractor associations across the country when it comes to trench safety training.

Dorchester based Feeney Brothers Utility Services returned this year to the number one spot as UCANE’s top trainer. J. Derenzo Company. (Brockton), W. L. French Excavating Corp. (Billerica), and United Rentals (Shrewsbury) rounded out the top four.

UCANE companies that participated in this safety program will receive a formal certificate from OSHA, suitable for framing, commending their efforts and dedication to Trench Safety. In addition, participating employees will receive 2023 TSSD hard hat stickers.

continued on page 33

Shored Excavation

Feeney Brothers Gas Crew TSSD 2023

Shored Excava7on by McCourt Construc7on

Feeney Brothers Utility Services Gas Crew TSSD 2023

Congratulations to Feeney Brothers Utility Services for being UCANE’S Top Trainer in 2023 !!

Dagle Electrical Construction Corp.

Construction:

• Heavy Industrial

• Commercial

• Multi-Unit Residential

• Design Build

• Ground Up

• Renovation

• Pumping Stations

Transportation:

• Traffic Signal Systems

• Highway & Street Lighting Systems

• Intelligent Transportation Systems

• Parking & Snow Melt Systems

• Rail Transit Installation

Alternative Energy:

• Wind Turbine

• Photo Voltaic

• Green Technology

Other Services:

• Tel/Data

• Fiber Optic

• Fire Alarm

• Stand By Power Systems

• Sports Lighting

• Marine Power Installations

• Special Event Lighting & Power

RJV Construc7on Corp. - Safety Training Session 2023

Thanks to the following companies that participated in the UCANE sponsored effort:

Albanese D & S, Inc.

Baltazar Contractors, Inc.

C. C. Construction, Inc.

Dagle Electrical Const. Corp.

D'Allessandro Corp.

J. Derenzo Company

Feeney Brothers Utility Services

W. L. French Exc. Corp.

P. Gioioso & Sons, Inc.

Jones Contracting, Inc.

Lawrence Lynch Corp.

McCourt Construction Company

Ricciardi Bros., Inc.

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

Robert B. Our Co., Inc.

RJV Construction Corp.

Sunbelt Rentals -NE

Umbro & Sons Construction Corp.

United Rentals Trench Safety

Walsh Construction Company

WES Construction Corp.

J.F. White Contracting Co. (Fenway)

3 Belcher Street, Plainville, MA 02762

Tel: 508-695-3252 Fax: 508-699-2387

Email: sales@lorussocorp.com

PRODUCTS

• Bituminous Concrete

• Sand & Gravel

• Crushed Stone

• Screened Loam & Compost

• Recycled Aggregate Products

• Rip Rap & Armor Stone

SERVICES

• Paving & Roadway Construction

• Utility Trench Preparation

• Utility Trench Paving

• Organic Material Recycling

• Construction Material Recycling

• Roll Off Containers

www.lorussocorp.com

Will you please provide us with some insight into your education, past experience, and history that led you into your current position?

I graduated from Wentworth Institute of Technology in 2010 with a degree in Civil Engineering Technology. I began my career at Waterline Industries where I worked throughout New England on a variety of large water and wastewater infrastructure projects and obtained my Construction Supervisors License (CSL). I then took a position with the Norwell Water Department serving as their Treatment Facilities Manager for approximately three years before accepting the position of Water/Wastewater Superintendent with the Town of Harwich in 2015. In addition to the CSL, I am also certified as a Massachusetts Public Purchasing Official (MCPPO) and a licensed T3/D3 Drinking Water Operator.

Please provide us with a brief description of the Town of Harwich in regards to population, area, responsibilities of the Water and Wastewater Department, and some statistics on current infrastructure that your department maintains within the Town?

The Town of Harwich is a beach community on Cape Cod having a year-round population of approximately 13,000 residents and an estimated seasonal population of 40,000 during the summer months. Harwich has an approximate land area of 20.9 square miles and includes seven villages throughout the community. The Water and Wastewater Department is responsible for the oversight and operation of the water treatment and distribution systems, as well as the collection and conveyance of wastewater to its point of treatment within the Town of Chatham. The water system is comprised of 14 groundwater sources having a capacity of 6,000 GPM, five corrosion control facilities, two green-

An IntervIew wIth DAn PelletIer SuPerIntenDent town of hArwIch, MA continued

sand filter plants, three water storage tanks with a capacity of 3.5MGD, 277 miles of watermain, and approximately 10,100 metered accounts. Our wastewater collections system is much smaller by comparison as we only recently completed our first sewer extension in 2022. The newly constructed collections system makes sewer available to 500 parcels, includes five pumping stations, approximately 30,000LF of gravity sewer, and 4,800LF of force main.

As a beautiful coastal Cape Cod community, what effect does seasonal tourism have on the Harwich Water and Sewer operations?

The seasonal influx during the summer months has a considerable impact on our department. That said, where the wastewater collections system is new and customer base is small, the impacts are predominantly felt on the water side of the operation. The increase in population certainly drives up our pumping and workorder numbers. Our average daily demand throughout the winter months typically hovers around 1-1.2MGD, in the summer months we typically

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Public Works Pipeline continued from page 37 average between 4-5MGD with peak days exceeding 6MGD. We offer a seasonal turn on/off service to assist second homeowners with winterizing and opening up their properties, which usually picks up in the early spring and typically marks the start of our busy season.

Harwich has been actively working on a Phased approach to eliminating septic systems throughout the Town. Can you provide us with some details as to the progress the town has made on creating a new system of sewers and what the longterm goals are regarding wastewater management?

applications, and are there some infrastructure projects planned for 2023 or 2024 that UCANE contractors might be interested in bidding?

Absolutely, Harwich submitted three projects totaling $74 million to the SRF program last year, two wastewater projects and one watermain replacement project. The two wastewater projects are both currently in design and include the Phase 3 collections system expansion estimated at $50 million (two projects) and the installation of a dry sewer pipe along Route 28 in West Harwich estimated at $6.5 million. The Phase 3 wastewater projects were listed in this year’s IUP and we hope to put them out for public bid in the Spring of 2024. However, the $6.5 million project along Route 28 may be slightly delayed due to ongoing coordination with MassDOT. The watermain project, also located along Route 28, includes the removal and replacement of approximately 1.75 miles of old cast iron watermain. Unfortunately, this project was not listed for funding in the 2023 SRF program but we were successful in obtaining a local construction appropriation so the project is still on the books. We are hoping to have this project under construction in 2024 also. n

John Hoadley and Sons Inc.

John Hoadley and Sons Inc.

Water Works Specialist

Water Works Specialist

Tel:781-878-8098

Fax:781-878-5298

Tel: 781-878-8098 Fax: 781-878-5298

“Our Products Are the Most Trusted Names in the Industry”

• U.S. Pipe

Harwich adopted its Comprehensive Wastewater Management Plan (CWMP) in 2016, the plan includes an eight-phase implementation schedule over 20 years, and was developed to mitigate the impacts of nitrogen on our harbors and embayments. Since the plans adoption the Town has completed two phases, the first which included the widening of the Muddy Creek culvert and bridge replacement, and the second which included the installation of a wastewater collections system in the Pleasant Bay watershed. The design of the third phase, also in the Pleasant Bay watershed, is now underway and construction is expected to begin early next year. As for the longterm goals with regards to sewering in Harwich, the plan itself was developed to mitigate nitrogen and includes installing sewers in about 60% of the community and that remains our goal. That said, the way in which we accomplish that goal is evolving due to public input and regulatory changes. To that end, in 2021 Harwich awarded a contract to revise and update our CWMP and we are now in the process of adapting the plan to comply with the new Watershed Permit regulations and Title 5 changes promulgated by MassDEP in June of this year.

Harwich has recently applied for funding through the MassDEP SRF loan program. Can you provide us an update on those

• Mueller Fire Hydrants

• Mueller Tapping Sleeves & Valves

• Smith Blair Clamps & Couplings

Mechanical Services

• Cultec Chambers

• National Pipe & Plastics

• ADS Pipe & Chambers

• General Foundry Castings

Gates Installed / Cut

• Tapping Sleeves & Gates Installed / Cut

� Line Stop / EZ Valves

• Line Stop / EZ Valves

� Cutting of Chilled Water Lines & Steam Lines

• Cutting of Chilled Water Lines & Steam Lines

� Pressure Testing & Disinfection of New Mains

• Pressure Testing & Disinfection of New Mains

� Installation & Testing of Backflow Preventers

• Installation & Testing of Backflow Preventers

• Large Diameter Hydraulic Pipe Cutting

� Large Diameter Hydraulic Pipe Cutting

• Hydrant Installation & Repair

� Hydrant Installation & Repair

• Electronic Leak Detection

� Electronic Leak Detection

www.hoadleyandsons.com 672 Union Street Rockland, MA 02370

24 Hours

24 Hours

Sales& Service

Sales & Service

Serving all of New England

Serving all of New England

“Water-Sewer-Drain Supplies at a Competitive Price”

Badger

UCANE’s 43rd Annual Golf Tournament

Hosted By

Brookmeadow Country Club in Canton, MA hosts UCANE member golfers and their guests on July 10, 2023

Forecasting weather in New England has never been an exact science. The old saying attributed to Mark Twain says, “If you don’t like the weather in New England, just wait a few minutes.” Spring/summer of 2023 has been particularly difficult to forecast with an unusual pattern of clouds, rain, and thunderstorms popping up almost weekly across the area.

When the phone call came from caterer Ron Young (Lafayette House in Foxboro, MA) on Thursday afternoon prior to our tournament, that he needed the final count for our 2-pound lobsters for Monday’s UCANE Golf Outing, there was a major pow-wow between UCANE and Brookmeadow Country Club and their weather forecast service. Monday looked “iffy,” but some clearing was predicted. Should we cancel the lobster order (185 beauties) and disappoint 144 excited (and hungry) golfers? Or should we gamble on the weather and follow through with all the weeks of event planning, the goody bags, the prizes, and the celebrity guest lined up? Decision? YES!! PICK UP THE LOBSTERS! Like most contractors, UCANE always thinks positive – the long-awaited golf outing was on!

The Golfers Arrive

Our group of dedicated members – and part-time golfers – all showed up bright and early in Canton anxious to continue the tradition, and excited to once again be experiencing a day of camaraderie with their fellow UCANE members.

As always, the staff at Brookmeadow had the golf carts all lined up in the early morning waiting for riders. As our golfers began arriving at 8:00 a.m., they were greeted by UCANE Executive Director Jeff Mahoney and the entire UCANE staff. Each golfer first received a “Goody Bag” sponsored by P. Gioioso & Sons, Inc., stuffed with golf related items donated by a host of UCANE member firms. Dozens of fabulous prizes were on full display and raffle tickets were selling like “hot cakes.”

Next up was a continental breakfast with bagels/ cheese, tempting sweets, muffins, fresh fruit, coffee, and juices, sponsored by ATS Equipment, Inc. in the Brookmeadow lounge. It was the perfect opportunity to enjoy a cup of hot coffee and catch up with friends before the shotgun start at 9:00 a.m.

Let the Games Begin

As the golfers approached each tee box, they were reminded of the UCANE companies that graciously sponsor and support our golf tournament each year. The company names and logos were displayed prominently on bright signs created and donated by Roadsafe Traffic Systems, Inc. In addition, there was added

continued on page 44

Golf Tournament continued from page 43

excitement at multiple holes where a good tee shot could win a golfer some great prizes.

Hole # 1 - $10,000 putting Contest sponsored by Dagle Electrical Construction Corp.

Hole # 4 - $25,000 Hole-in-one sponsored by McCourt Construction Co.

Hole # 6 - New Chevy Silverado - Hole-in-One sponsored by McLaughlin Chevrolet

Closest to the pin – 160 yard – Sponsored by Concrete Systems, Inc.

And the Sports Celebrity Challenge at Hole #15

In addition to all the great prizes that could be won with a lucky shot, our golfers had the opportunity to meet former New England Patriots Linebacker Matt Chatham at Hole #15. Matt had a 9-year NFL career including his first six years with the New England Patriots where he was a linebacker, special teams’ standout, and a threetime Super Bowl Champion. Now living in Wrentham, MA, Matt can be found doing sports commentary for local news outlets. He is also an entrepreneur, and just proudly released his exclusive meat seasoning called “Beef Cake” that he says will make every barbecue a culinary masterpiece! Matt engaged in great conversa-

tion with each foursome of golfers who not only had an opportunity to challenge his golfing skills off the tee, but also got to take a group photo with him, as well. Great fun and memories on the 15th hole. Thanks again to UCANE member Core & Main for sponsoring our guest celebrity and to members Ritchie Brothers Auctioneers and Iron Planet for sponsoring the photos. Matt was a great Patriots ambassador and one of the better celebrity golfers that has participated in UCANE’s Golf Outings.

Cold Drinks and Lunch

The weather for our tournament was less than ideal, but our members still described our tournament as “outstanding.” Golfers could quench their thirst from the beverage carts that circled the course sponsored by GVC Construction, Inc., National Trench Safety, T-Quip Sales & Rentals, Triumph Modular, and United Concrete Products. And, our golfers could keep their strength up with the delicious barbecue lunch offered at the turn sponsored by J.J Kane Auctioneers, Mabbett & Associates, Inc., Pat DiCerbo-Northwestern Mutual, RJV Construction Corp., Shea Concrete Products, Inc., and United Construction & Forestry.

continued on page 45

Golf Tournament continued from page 44

The Back Nine

The prestigious weather forecasting service employed by Brookmeadow Country Club hit a home run for the first nine holes - grey skies but dry with no umbrellas in site. But just like Mark Twain warned us, weather in New England can change in a few minutes, and the second nine holes proved that adage. Despite light to often heavy showers on the back nine, the vast majority of our golfers continued the event in surprisingly good spirits. After all, most of these guys are contractors and they have worked outside laying pipelines in much worse conditions.

Our guest celebrity golfer, Matt Chatham, has not worked in the rain since retiring from the NFL, but, despite the conditions, he never waivered as the foursomes came through and kept a big smile on his face the entire time. According to Matt, “I just pretended I was at a Patriots practice where Coach Belichick would never call it off even if a tornado touched down!”

Back to the Clubhouse

After 18 challenging but fun holes, each foursome tried their luck at the Spinning Dart Board, sponsored by J.F. White Contracting Co., where a good throw could shave a point or three off your score. After that the golfers turned in their scorecard (best-ball match) and returned to the clubhouse lounge where they enjoyed a cocktail, a few hors d’ouvres and some laughs at the Social Hour sponsored by Ferguson Waterworks, HUB International, and Pat DiCerbo-Northwestern Mutual.

By 3:30 p.m. it was time to go upstairs to the dining room where a first-class New England Lobster Clambake dinner was being catered and served by the Lafayette House staff. Headlining the menu was a 2lb. steamed lobster complete with clam chowder, garden salad, roasted potatoes, rolls, pulled pork, and corn-

on-the-cob. Sponsoring the feast was UCANE member E.J. Prescott, Inc. Our Clambake was topped with an Ice Cream Sundae Bar sponsored by USI Insurance Services LLC.

As the hungry golfers enjoyed their lobsters, UCANE Executive Director Jeff Mahoney announced the winners of the scramble format tournament – Westlake Pipe & Fittings. Then, with the help of the UCANE staff, Jeff started calling out the raffle ticket winners and he eventually distributed over 50 amazing prizes highlighted by a 55-inch TV, a Cleveland Launcher XL Driver, great Red Sox and Patriots tickets, golf at some of the area’s nicest course, and much more. Smiles gleamed throughout the room as just about every table had a winning ticket!

Thank You to UCANE Members

Despite Mother Nature’s feeble attempt to derail part of this year’s event, UCANE’s 43rd Annual Golf Tournament was a resounding success. From the serious golfer, to the social golfer, to the “wanna-be” golfer, a great time was had by all. UCANE extends its sincere thanks to our incredible and generous members who not only supported this year’s golf event, but who have been there alongside UCANE, not only throughout the years, but through every weather condition imaginable. n

Securities and investment advisory services offered through qualified registered representatives of MML Investors Services, LLC. Member SIPC. Broadstone Advisors is not a subsidiary or affiliate of MML Investors Services, LLC, or its affiliated companies. OSJ: 24 Century Hill Drive, Latham, NY 12110, (518) 220-3061. CRN202603-4075916

YOUR 401(K) IS THE FOUNDATION OF YOUR FUTURE.

Annual Golf Tournament

Hosted By

Corporate Sponsor

Taylor Oil Company

$25,000 “Hole in One”

McCOURT CONSTRUCTION COMPANY

$10,000 Putting Contest

DAGLE ELECTRICAL CONST. CORP.

Chevy Silverado “Hole in One”

McLAUGHLIN CHEVROLET

Golf Ball Dartboard

J. F. WHITE CONTRACTING CO.

“Beat the Pro” against Former N.E. Patriot Matt Chatham

CORE & MAIN

Photo’s with Former N.E. Patriot Matt Chatham

RITCHIE BROTHERS AUCTIONEERS/ IRON PLANET

“Closest to the Pin” Contest

CONCRETE SYSTEMS, INC.

Continental Breakfast

ATS EQUIPMENT, INC.

Golf Carts

IUOE - LOCAL 4

Guest Sponsors

JAY CASHMAN, INC. (4)

All Signage

ROADSAFE TRAFFIC SYSTEMS

Lobster Clambake Sponsor

E. J. Prescott, Inc.

Barbecue Lunch

AQUA LINE UTILITY, INC.

PATRICK D i CERBO - NORTHWESTERN MUTUAL

J.J. KANE AUCTIONEERS

MABBETT & ASSOCIATES, INC.

RJV CONSTRUCTION CORP.

SHEA CONCRETE PRODUCTS

UNITED CONSTRUCTION & FORESTRY

Social Hour

PATRICK D ICERBO - NORTHWESTERN MUTUAL

FERGUSON WATERWORKS

HUB INT. NEW ENGLAND

Ice Cream Sundae Bar

USI INSURANCE SERVICES, LLC

Cold Drink Carts

GVC CONSTRUCTION, INC.

NATIONAL TRENCH SAFETY

T-QUIP SALES & RENTALS, INC.

TRUIMPH MODULAR

UNITED CONCRETE PRODUCTS

Golf Prizes

BADGER DAYLIGHTING (2)

BARLETTA HEAVY DIVISION

CITRIN COOPERMAN & CO., INC.

DeFELICE CORPORATION

MACKAY CO NSTRUCTION SERVICES, INC.

A special thank you to our sponsors for their continued support of UCANE’s

AQUA LINE UTILITY, INC.

B2W SOFTWARE, INC.

BARLETTA HEAVY DIVISION

BISZKO CONTRACTING CORP.

JAY CASHMAN, INC.

D e FELICE CORPORATION

D e SANCTIS INSURANCE AGENCY, INC.

JACK DOHENY COMPANY

THE DOW COMPANY

EQUIPMENT CORP. OF AMERICA (ECA)

W. L. FRENCH EXCAVATING CORPORATION

GVC CONSTRUCTION, INC.

HINCKLEY ALLEN LLP

K & K EXCAVATION CO., INC.

KJS, LLC

LORUSSO CORP.

S. M. LORUSSO & SONS, INC.

LUDLOW CONSTRUCTION CO., INC.

MCWANE DUCTILE

MILTON CAT

NORTH AMERICAN CRANE & RIGGING

PAWTUCKET HOT MIX ASPHALT

E. J. PRESCOTT, INC.

SPS NEW ENGLAND, INC.

TAYLOR OIL COMPANY

WESTLAKE PIPE & FITTINGS

D. W. WHITE CONSTRUCTION, INC.

TIM ZANELLI EXCAVATING, LLC

AAA Work Trucks (2)

A. F. Amorello & Sons, Inc. (2)

B2W Software, Inc. (2)

Badger Daylighting (3)

Baltazar Contractors, Inc.

A. R. Belli, Inc. (2)

Dennis K. Burke, Inc. (2)

C. C. Construction, Inc. (2)

C.J.P. & Sons Const. Co., Inc. (2)

C&S Insurance Agency

Celco Construction Corp. (2)

N. Cibotti, Inc. (2)

CleanBasins, Inc. (2)

Commonwealth Const. & Utilities, Inc.

Concrete Systems, Inc. (2)

Cullen, Murphy & Co., P.C. (2)

Dagle Electrical Const. Corp. (2)

MacKay Construction Services, Inc.

Darmody, Merlino & Co., LLP (2)

The Dow Company (2)

EJ USA (2)

FED. CORP. (2)

Ferguson Waterworks

GTA Co., Inc. (2)

Gagliarducci Const., Inc. (2)

Genalco, Inc. (2)

TEE SPONSORS:

L. Guerini Group Inc. (2)

I. W. Harding Const. Co., Inc.

Hilb New England

HUB International New England (2)

P. J. Keating Company

L & L Concrete Products

P. A. Landers, Inc.

Lawrence-Lynch Corp. (2)

Lockwood Remediation Tech. LLC

Lorusso Heavy Equipment (2)

MBO Precast, Inc.

Mabbett & Associates, Inc. (3)

Massachuetts Ready Mix LLC (2)

J. F. McDonald Insurance Agency

Metro Equipment Corp. (2)

Mersino Dewatering (2)

Milton CAT (2)

Monroe Tractor (2)

National Water Main Cleaning Co.

Norfolk Power Equipment

Ocean State Oil (2)

Robert B. Our Co., Inc. (2)

R. M. Pacella, Inc. (2)

Podgurski Corp.

J. A. Polito & Sons Co., Inc. (2)

Power Line Contractors, Inc. (2)

E. J. Prescott, Inc.

H. R. Prescott & Sons, Inc. (2)

Putnam Pipe/A Dana Kepner Co.

RJV Construction Corp. (2)

Rain for Rent - New England (2)

Rapid Flow/Vacuum Excavation, Inc. (5)

Scituate Concrete Products Corp. (2)

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

Shea Concrete Products (2)

Starkweather & Shepley Insurance

Brokerage, Inc. (2)

Stiles Company, Inc.

Sunbelt Rentals (2)

Taylor Oil Company

Tenna, LLC

T-Quip Sales & Rentals, Inc.

Tonry Insurance Group, Inc. (2)

Umbro & Sons Construction Corp.

United Rentals Trench Safety (2)

WES Construction Corp. (5)

W. Walsh Co., Inc. (2)

Walsh Construction Company

C. N. Wood Co., Inc. (2)

World Insurance Associates, LLC (2)

R. Zoppo Corp. (2)

GOODY BAG SPONSORS:

P. GIOIOSO & SONS, INC. Goody Bags

DIG IT CONSTRUCTION LLC

Golf Balls

DIG SAFE SYSTEMS, INC.

Hats, Pens, Rulers, Key Chains, & Zip Drives

EQUIPMENT CORP. OF AMERICA

Bottle Openers & Cleaning Cloths

MABBETT & ASSOCIATES, INC.

Golf Towels

MILTON CAT

Hats & Koozies

OCEAN STATE OIL

Golf Tee Sets

ROBERT B. OUR COMPANY, INC.

Travel Mugs

PUTNAM PIPE, A DANA KEPNER CO.

Contractor Pencils

SCRAP-IT, INC./MINICHIELLO BROS., INC.

Golf Balls

Go Beyond Tracking

Tenna is the construction technology platform that revolutionizes equipment fleet operations. We’re not your typical solution; we’re a trusted partner.

www.tenna.com | 833.50.TENNA

STILES COMPANY, INC.

Note Pads w/Pens

TAYLOR OIL COMPANY

Insulated Water Bottles

TRIUMPH MODULAR Golf Towels

RAFFLE SPONSORS:

BROOKMEADOW COUNTRY CLUB

Golf for 4

FED. CORP.

Pair of Anti-Gravity Lounge Chairs

GENALCO, INC.

2 Patriots Tickets

HILB NEW ENGLAND

Cleveland Launcher XL Golf Club

LORUSSO CORPORATION

4 Red Sox Tickets - Pavilion Seats

MERSINO DEWATERING

Cornhole Boards

PUTNAM PIPE, A DANA KEPNER CO.

2 Patriots Tickets

RAIN FOR RENT - NEW ENGLAND

YETI Cooler

SANDY BURR COUNTRY CLUB

Golf for Four

SCRAP-IT, INC./MINICHIELLO BROS., INC.

55-Inch Vizio Smart TV

SHEA CONCRETE PRODUCTS, INC.

4 Red Sox Tickets

TRIUMPH MODULAR

2 Gliding Rocking Chairs

D. W. WHITE CONSTRUCTION, INC.

Golf for Four at the Back 9 Golf Club, Lakeville, MA

Advantage Drug Testing is a new UCANE member specializing in drug-free workplace programs and FMCSA compliance. Company President, Ted Dawson brings 17 years of experience advising employers on the FMCSA regulations and compliance programs.

Get to Know Your UCANE Associate Members

GET TO KNOW YOUR UCANE ASSOCIATE MEMBERS !!

167 Memorial Drive

Ted Dawson Owner, President

Shrewsbury, MA 01545

Call us at: 508-719-0200 or visit us online at: www.jescoditchwitch.us

Advantage provides complete drug and alcohol programs with on-site and 24-hour emergency response services. Driver qualification file management systems and on-site FMCSA physical exams are available to ensure compliance with FMCSA regulations.

Proudly Serving the Northeast and Mid-Atlantic since 1972

Advantage supports over 300 employers with managing FMCSA drug-free workplace programs, including many UCANE members. UCANE member companies have provided the insightful comments be

The Dow Company: “Since 2006, they have provided the drug and alcohol testing services we need to ensure compliance and save time for our team.” –

Mike Dow

JESCO - Ditch Witch Equipment and More

DIRECTIONAL DRILLS – STAND-ON SKID STEER LOADERS

Albanese Brothers: “We prefer to work with local businesses we can trust, and I can’t say enough about Advantage Drug Testing. Since 2009, they have consistently provided us with the support we need. They are always ready and willing to answer questions and come to our job sites when requested. Advantage Drug Testing is an integral part of our team.” –

Marcella Albanese

TRENCHERS – VACUUM EXCAVATORS – ATTACHMENTS

SALES – RENTALS – SERVICE – CALL

FOR A DEMO !

Scituate Concrete: “They answer my questions in a timely manner, come on-site for our random testing and help keep us informed of and in compliance with, regulatory changes like the Clearinghouse. I have had only positive experiences when working with ADT.” –

Leanne Karagosian

Established with a strong commitment to excellence, JESCO, Inc. has been at the forefront of the construction and infrastructure industry for over 50 years. As a leading company in the field, we take pride in our reputation for delivering highquality projects on time and within budget.

Albanese D&S: “Since 2006, Advantage has consistently provided excellent compliance support for our business, answered our questions and sent technicians to our office and job sites. The office staff is great, providing friendly and knowledgeable customer service.”

Shea Concrete: “Since 2010, Advantage has been providing us with excellent service. With both on-site testing capability and FMCSA compliance support, I have found the company to be a valuable resource.” Greg Stratis

4 High Street, Suite 131, North Andover, MA 01845

12 — AdvantageDrugTesting.com UCANE

bid!

Tim Hunt, CHST Dir. of Envt’l, Health and Safety W. L. French Excavating Corp.

Patrick W. Saltmarsh Corporate Safety Director J. Derenzo Companies

The Importance of Fall Protection Rescue Plans

The construction industry is undoubtedly one of the most hazardous sectors, with falls being a leading cause of injuries and fatalities. As workers engage in tasks at heights, it is crucial to prioritize fall protection measures. However, in the event of a fall, having a robust rescue plan is equally essential. Fall protection rescue plans play a critical role in ensuring a prompt and effective response to accidents, minimizing injury severity, and saving lives.

Construction sites are fast-paced environments where every minute counts. In the unfortunate event of a fall, a well-executed fall protection rescue plan ensures a rapid response by trained per sonnel. When workers have confidence in the avail ability of a rescue plan, they are more likely to report near misses and accidents promptly. Swift response not only minimizes injury severity but also reduces the downtime associated with an incident. By having a detailed rescue plan in place, employers can efficient ly handle rescue operations, provide timely medical attention, and promptly restore productivity, thereby minimizing financial losses and project delays.

Effective fall protection rescue plans prioritize the safety and well-being of workers. Knowing that a well-thought-out rescue plan exists creates a sense of security among employees, boosting their confidence and morale. This confidence can positively impact productivity and job satisfaction, as workers feel valued and protected by their employers. Moreover, the availability of a reliable rescue plan eliminates uncertainty and fear among workers, fostering a safetyoriented culture on construction sites. When workers trust the rescue plan, they are more likely to comply with fall protection guidelines, such as wearing appropriate personal protective equipment and following safe work practices, further reducing the risk of falls.

Fall protection rescue plans are not only essential for the well-being of workers but also for regulatory compliance. Construction sites are subject to various safety regulations and standards that mandate the implementation of fall protection measures, including rescue plans. Adhering to these guidelines not only helps companies avoid legal penalties, but also demonstrates their commitment to ensuring a safe working environment. By integrating a comprehensive rescue plan into their safety protocols, companies can meet regulatory requirements, pass inspections, and maintain a positive reputation within the industry.

An effective fall protection rescue plan requires proper training and preparedness. Employers must en-

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Safety Corner

continued from page 63

sure that designated personnel are adequately trained in rescue techniques, including the proper use of equipment and first aid procedures. Regular training sessions and drills enable workers to familiarize themselves with the rescue plan, improving response times and minimizing errors during real emergencies. Additionally, thorough pre-planning of rescue scenarios, such as identifying potential hazards and establishing communication protocols, enhances preparedness and enables a more efficient rescue process. By investing in comprehensive training and preparedness, companies can equip their employees with the necessary skills and knowledge to respond effectively to fall-related incidents.

Fall protection rescue plans are crucial components of a comprehensive safety program in the construction industry. They not only facilitate swift response and minimize downtime, but also enhance worker safety, compliance with regulations, and overall preparedness. By prioritizing the development and implementation of effective fall protection rescue plans, companies can save lives, prevent injuries, and foster a culture of safety. Investing in training, continuous improvement, and regular review of rescue plans will ensure their effectiveness and contribute to creating safer construction sites for workers. n

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Serves over 2500 customers a week and is one of New England’s largest buyers, sellers, and processors of scrap metal. For over 60 years our goal has remained the same - to provide the best prices in the industry along with top notch customer service! Call Fred Rogers at 617-595-5505

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Construction Safety & Compliance: An Interview with Jared

Hass

Safety Director, Acme Shorey Precast Co., Inc.

UCANE’s Construction Outlook magazine editors recently caught up with Jared Hass on a construction jobsite in Chatham, MA. Jared is the Safety Director for UCANE member firm Acme Shorey Precast Co., Inc., based out of two plants located in Carver, and Harwich, MA. We were able to get a few minutes of Jared’s’ time to tak about the importance of Safety in today’s heavy construction industry.

Please tell us about your background and how you got started on the safety side of the construction industry?

My safety career began during my college days while attending Massachusetts Maritime Academy. I majored in Marine Safety and Environmental Protection (MSEP); at that time which had two paths you could follow, the environmental science side or the safety compliance route. While I still maintain an interest in environmental research and chemistry, upon graduation I felt working in a lab was not for me. My goal was to work directly with a business where I could use my education in safety to impact people in a more direct way.

I decided to concentrate on OSHA Compliance in the industrial and construction industries. As a Safety Professional, you must know a little about everything and use that breadth of knowledge to help assure the company’s decision makers that day-to-day operations are proceeding in a safe manner. My first safety job back in 2018 was in the abrasive blasting and industrial coatings industry for ships, tugboats, oil tanks, and other areas where corrosion must be prevented to maintain structural integrity. To this day that industry is still a passion of mine because of all the science behind the coatings, the abrasive blasting, the safety methods including respiratory protection, confined space ventilation, and industrial hygiene sampling.

For the past three years my career in safety has now

been in the excavation and manufacturing industries. I enjoy the diverse work that I do and I’m looking forward to many more years in this field. Acme Shorey Precast has been a great and interesting opportunity for me since they are covered by multiple regulatory standards, such as OSHA general industry, OSHA construction, and DOT.

What type of Construction products does Acme Shorey Precast Co., Inc. manufacture and deliver? How far from the company’s home base in Harwich do they pursue work?

At Acme Shorey Precast Co., Inc., we manufacture a variety of precast concrete products including residential and commercial septic products.

Safety & Compliance continued from page 65

Septic tanks range from 1000 gallons up to 50,000 gallon tunnel mold tanks, drainage products including leaching pits, catch basins, manholes, light pole bases, wing walls culverts, and concrete median barriers. We also cast a variety of landscape products, including London Boulder™ retaining walls. At Acme Shorey we can fabricate almost any custom designed tank, pump vault, or on-site treatment system complete with hatches, ladders, and pumps, etc.

Construction activities for Acme Shorey include the delivery/installation of our various precast products, repairs on existing systems, and system quality testing.

Our service area includes pretty much any Massachusetts town south of Boston including the South Shore, the South Coast, and all of Cape Cod and The Islands. Acme Shorey has a fleet of delivery trucks that fit various delivery site conditions such as knuckle boom crane trucks, straight boom crane trucks, and back loader trucks.

Please describe a typical workday in your role as Safety Director?

Based on our production and delivery schedules, the typical day might include plant floor visits, paperwork audits, delivery site visits, or policy reform and creation. During plant visits, I frequently engage with floor employees about observations noted in the walkthrough, feedback on our safety program, and input for programs that are being revised or created. Paperwork audits will have me gathering all the different documented events such as training, inspections, etc., that are required by our policies and by state/federal regulations.

Delivery site visits include observing the delivery truck operators as they maneuver the trucks and cranes into position and hoist precast segments with weights up to 25 tons. Policy reform is an office day that I spend reworking policy that is found to be ineffective or inefficient as it relates to production. A good safety program and a good production program often have the same solutions. My job is sometimes about joining the two together to find the solution that not only protects workers, but might make the work easier and increase morale, while maintaining production.

Any day for me can be a mix of these types of activi -

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Safety & Compliance

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ties. When you add up all the potential combinations of these activities, as well as incident investigations, a “typical day” in the safety profession can be somewhat rare.

What are some of the major challenges you face in trying to create a “Zero Incident” jobsite or workplace?

One of the toughest hurdles for me personally includes understanding the personalities of the employees that I am helping to manage. As a manager, you can have the best policies in place, the best team, and still, someone that is a part of that team will eventually have a bad day, whether they didn’t sleep, or other reasons out-

side of work that DO affect them inside our work borders. When looking at incident prevention it is easier to mitigate the risk of certain risk factors such as employees’ skill levels at new tasks, training levels, and specific hazards to the equipment, but it is hard to predict or mitigate the human error that can be incurred from someone not being mentally present in one’s work.

The mitigation of this type of risk is efficiently managed at Acme Shorey. The Owners encourage that our management team be an open pathway for communication, so as to not deter those who have the occasional personal issue or lack of focus while at work from speaking up. We accept the fact that all people can have an off-day and we encourage every employee to communicate with our managers. Managers will help shift more team members to help in that area if an employee needs to take a break or needs help with a task. The success of this approach at Acme Shorey starts with the owners who are fully invested in their employees’ well-being, and who have developed, over many years, a firstclass management team who are trusted to make effective decisions in a busy workplace that can often change on a daily basis.

What advice would you have for high school graduates or “career changers” who might be considering a career in construction safety?

I have two pieces of advice for any newcomers to the profession. One is the common but true adage used in the safety industry. “You do not need to know everything. You just need to know where to find the answer.” Sometimes a newcomer to this safety world can be overwhelmed by the enormous volume of regulations and safety standards and can get stuck in the trap of “I have to find the answer myself.” Knowing where to find the answer may not always mean you have to read the regulation word for word every time. Finding the answer may include leaning on your veteran

continued on page 69

Safety & Compliance continued from page 68

employees who have experience day-in and day-out running the operations. Their real-world experience combined with the skillset of fellow safety personnel who are versed in the intricacies of reading regulations can often yield extremely effective results in a much shorter time frame.

This leads to my second piece of advice; Study the science of communication and leadership. Our job deals with people 100% of the time. Whether it is policy that impacts an employee’s work procedures, or the implementation of a new program where previously none existed, good communication is necessary to get the most effective results. Often the difficulty in implementing new safety rules or ideas in the workplace is not with the actual idea, but with the delivery of the idea or rule. No one ever said they prefer a more dangerous workplace. If you can understand your audience, be a little empathetic to their core values and what they deal with hands on, and you will get much further than taking an autocratic approach of “this is the new policy or program, and you are required to follow it.” Engaging employees on an equal level is a key principle to creating a safe and

The UCANE Safety Committee consists of safety professionals from large and small companies working in various aspects of the construction industry.

As a member of UCANE’s Safety Committee, how does that affiliation help you in your day-to-day operations and in your career?

The affiliation with UCANE provides a great resource for any risk management or compliance questions a company safety officer may have. In a profession where some regulations may be difficult to interpret, having other professionals to reach out to for their point of view is critical to ensuring you have the best rationale for compliance decisions.

The UCANE Safety Committee consists of safety professionals from large and small companies working in various aspects of the construction industry. The committee meetings allow time for plenty of engagement between professionals, which leads to knowledge/experience transfer and ultimately to safer companies and jobsites. n

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Worried About Lawsuits?

Learn How to Protect Your Business in this Lawsuit-Happy Era We Live In.

Owning or operating a construction business opens you up to potentially significant lawsuits. Risk management is still in the top three for avoiding a claim.

With the North American average value of construction disputes at $42.8 million, a 42% increase from 2021 to 2022, the average length of disputes at 13.6 months and the highest value dispute reported at $2 billion, it’s no wonder the construction industry is carefully assessing their risk protection options, according to a study by the engineering consulting firm Acadis.

What’s Going Wrong

In general, one of the leading causes of disputes is the owner/contractor/subcontractors’ failure to understand their contractual obligations. However, as of 2021, we are seeing a new trend causing disputes – errors and/or omissions in the contract document.

What Can be Done?

While this may be stating the obvious, it bears repeating that the most effective claims avoidance techniques include: 1) a quality review of contracts and specifications; 2) thorough constructability reviews; and 3) strong risk management.

Protect Your Exposures

The good news is you can easily protect yourself and your business with general liability insurance and errors and omissions insurance.

General Liability Insurance is a broad liability

insurance policy that safeguards businesses from several risks at once. Broadly speaking, general liability insurance policies offer protection from claims and lawsuits filed by third parties over covered incidents. Third parties are normally people and organizations that are not directly connected with your business such as customers, vendors, competitors, or other people or organizations.

You can purchase a general liability insurance policy as a stand-alone policy, through a business owner’s policy, or through a commercial package policy. While exact protections can vary from policy to policy, there are a few coverages that most general liability policies provide, such as:

• Bodily injury on the jobsite to visitors, customers or vendors

• Personal injury caused by the actions or negligence of one of your employees

• Property damage caused by your employees

• Harm or injury caused by products you manufacture, sell, or distribute

• False advertising, slander, or libel claims

In addition, you can secure additional insured forms that provide specific protection for your unique exposures in the construction industry. Here are a few that may make sense to consider for your business.

continued on page 72

Owners and Contractors’ Protective Liability Coverage Form (OCP) provides separate liability coverage for a project owner or GC that hires subcontractors. Normally, it is provided by the contractor performing operations for the named insured, and the coverage is limited to the designated site or work location.

Principal’s Protective Liability Coverage Part converts the OCP coverage part into a general principal’s protective liability form, such as might be used to provide coverage for independent contractors. With this endorsement, only bodily injury protection is covered.

Additional Insured – Owners, Lessees, or Contractors – Completed Operations provides additional insured status to a designated person or organization on a contractor’s policy for completed operations exposures. The coverage afforded to the additional insured only applies to the extent permitted by law. If additional insured status is required by contract or agreement, coverage and limits of liability apply only to the extent required in the contract or agreement.

Pollution Liability Coverage Form Designated Sites provides pollution liability coverage on a claimsmade basis, including the cost of site cleanup. Alternatively, you can secure this coverage on a “limited” basis, which does NOT cover the cost of site cleanup.

Errors & Omission Insurance, also known as Professional Liability Insurance, provides coverage for mistakes related to your professional expertise. For instance, a developer may attempt to rush a project to the construction phase and thus make errors and/or omissions to the contract documents. We are seeing a drastic increase in these types of claims due in large part to bigger and more complex projects that need to be delivered in shorter timeframes. Whatever your area of expertise happens to be within the construction field, errors & omissions coverage may help protect you from defense costs, judgments, settlements, fines, or penalties if a claim arises.

With the many social, economic, and environmental challenges affecting the construction industry – everything from supply chain issues, inflation, unpredictable changing weather patterns and workforce recruitment and retention issues – now more than ever you need to protect yourself and your business as best possible. A quality insurance risk management program is an easy and quick place to start. n

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Customizing Daily Field Logs: Five Ways to get Better Data and Make Logs Easier to Fill Out

Daily field logs are an essential staple for utility contractors, whether they are completed with a specialized software application, a spreadsheet, or on paper.

The software option adds immediacy and accuracy while eliminating the need to re-key data for accounting, payroll, or reporting. An additional and often overlooked advantage is the ability to personalize electronic field logs according to the needs of a business or the needs of an individual division or business unit.

Out-of-the box or default field logs can be very effective but, in construction, one size rarely fits all. Customizing the content, layout and even the labeling of fields makes logs easier for employees in the field to use and increase the accuracy, consistency, and value of the information those logs capture. These are five ways contractors can take advantage of field log customization.

Show, Hide, and Reorder Sections

No foreman or supervisor wants to search through a long, generic field log designed for every potential piece of information a company captures for every type of job it does in order to find the right place to enter field data. This is inefficient, frustrating, and invariably leads to data being entered incorrectly, in the wrong place or both.

Field tracking applications typically divide the field log into sections such as ‘Employees,’ ‘Equipment,’ etc. They also give contractors the option to reorder the sections and to show or hide entire sections depending on relevancy or preference.

Data a contractor wants to track for a municipal sewer project can be very different from data needed for paving or earthwork jobs. Some jobs, for example,

may have complex material, subcontractor or trucking components. Others may have none of those elements, but instead require extensive tracking of labor, equipment, or time and materials work. Personalizing which sections are visible and where they appear on the log goes a long way towards making them easier to complete.

Suppress Non-Relevant Identification Numbers

One of the most common errors on field logs is the entry of incorrect identification numbers for production accounts, employees, equipment, or other variables. The errors are easy to understand. Foremen and supervisors often have a lot of similar options to choose from, especially with production accounts. They may also simply make mistakes in haste or under the pressure of multitasking on the jobsite.

The ability to set up electronic logs to include only the identification numbers valid for that job as options for the person filling out the log is among the features highly valued by contractors that switch from paper and spreadsheets to specialized software. This can be done automatically when a job is transferred from

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the estimating software to the field tracking application, or it can be done in the field tracking application itself based on the data from the estimate.

Make the Language Familiar

Matching names of the sections or fields with the terminology a company uses is a small step, but it makes life easier for employees filling out field logs and it can avoid confusion and inconsistency when it comes to pulling reports.

Software applications make it easy to personalize these labels. A company that divides itself into “Divisions” and refers to the employee filling out a log as a “Foreman” or “Superintendent,” shouldn’t be forced to use a log that lists “Business Unit” and “Supervisor.” A log section referencing “Overhead Accounts” might be confusing for employees more accustomed to the term “Non-production Work.”

Take Advantage of Error Checking

Like spell checking for written documents, error checking capabilities for electronic field logs are extremely valuable. Good applications include a long list of error checks that will alert the person filling out the log or prevent submission when potential mistakes are detected. These include things like work start or

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stop dates in the future; employees associated with another field log; employees that have not signed off on hours; production accounts that have exceeded estimated quantities; or employee or equipment total hours that are not equal to the number of hours worked based on start and stop time, etc.

Contractors can – and should – decide, from the menu of available error checks, which are most relevant to their projects and activate those.

Add Custom Properties

Standard field logs will be set up to capture information on production, equipment and material utilization, and labor. Custom properties give contractors a powerful option to add user-defined fields to their field logs. These supplement standard fields and provide a way to capture information specific to their business.

Some contractors, for example, may need to track weather conditions with varying levels of detail. Others may need to note when particular inspections are completed, whether or not employees attended safety meetings, or other information.

The variety of customized fields that a company could create and benefit from is unlimited. Field tracking software makes it easy to create them, format them, and add them to specific sections of field logs. n

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