Construction Outlook December 2019

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DECEMBER, 2019

Years of Excellence 1954-2019

DECEMBER, 2019

IN THIS ISSUE

OFFICERS President RICHARD PACELLA, JR.

5 President’s Message:

President-Elect MARCELLA ALBANESE

7 UCANE’s 2019 Wrap-Up

R. M. Pacella, Inc.

Albanese Brothers, Inc.

Treasurer RYAN McCOURT

McCourt Construction Company

Secretary BRIAN COONEY

C. C.Construction Inc.

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

NICK BIELLO

J. D’Amico, Inc.

MIKE BISZKO, III

Biszko Contracting Corp.

TONY BORRELLI

Celco Construction Corp.

BEN CAVALLO

C&S Insurance Agency

It Has Been an Honor to Serve as UCANE President

23 Legislative Update: • • • • • •

Looking Ahead to 2020: Potential Issues for Legislative Activity Legislative Trio, Brodeur, Humason, and O’Connell Win Municipal Seats Governor Baker Signs “Hands-Free” Driving Legislation North Andover Receives MassWorks Grant for Road and Sewer Improvements Public Hearing on Legislation Addressing Natural Gas Pipelines Draws Interest News in Brief

35 Labor Issues:

Atlantic Drain and its Owner Found Guilty of Manslaughter in Trench Collapse Deaths

39 Andy Pappastergion Retires After 50 Years With Town of Brookline DPW 45 Safety Corner:

Onboarding New Employees

ANDREW DANIELS

47 UCANE’s 9th Annual Appreciation Night Trade Show

GEORGE DeFELICE

49 5 Ways Small, Minority-Owned Firms Can Build Success

J. Derenzo Co.

DeFelice Corporation

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

NICK GAMACHE

Rain for Rent - New England

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

MIKE GORMAN

E. J. Prescott, Inc.

DAN HORGAN

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

BILL LEONARD

Aqua Line Utility, Inc.

JOHN OUR

Robert B. Our Co., Inc.

54 UCANE’s 46th Annual Christmas Party & Online Scholarship Auction was Definitely a “Sports Lover’s Dream!”

57 A World of Thanks to Those Who Continue to Support Our Scholarship Program 61 2020 Scholarship Applications Now Available 63 NBM’s Annual Gala...A Huge Success 65 Insurance Perspective:

The Corporate Veil has Many Holes and Your Personal Assets are at Risk

69 Spotlight on Cape Cod:

APCC: Immediate Action Needed For Water Protection

QUERINO PACELLA

RJV Construction Corp.

BRIAN RAWSTON

Jay Cashman, Inc.

DAVID WALSH

Pawtucket Hot Mix Asphalt

ANNE KLAYMAN

Executive Director

JEFF MAHONEY

Assistant Executive Director

Editor: Anne Klayman, Associate Editor: Suzanne Hatch, Magazine Designer/Assistant Editor: Sherri Klayman Construction Outlook Chairman: Richard Pacella, Jr. Editorial Board: Richard Pacella, Jr., Marcella Albanese, Ryan McCourt, and Brian Cooney 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: aklayman@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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It Has Been an Honor to Serve as UCANE President

hen I was sworn in as UCANE President in January of 2018, former UCANE Presidents were kind enough to share their experiences with me and all universally said, “I promise you that this will be a very rewarding experience for you, and you won’t believe how quickly the time will go by!” As 2019 comes to a close, and I reflect upon my two years as President, I can say that they were absolutely correct. I would like to thank our Officers, Board, membership, and the UCANE staff for their support, and although the time did pass quickly, I am happy and proud to say it was also very productive.

One of UCANE’s major priorities has always been to advocate for additional funding for water infrastructure work. For the past two years, we were successful in doing that. Last year saw an additional $10 million in funding.

This year the Governor again recommended an increase, and the Legislature approved a supplemental appropriation of $9.05 million to help finance water infrastructure projects for municipalities and authorities in the state. On behalf of UCANE, I would like to thank Governor Baker, Lieutenant Governor Polito, and the Legislature for this supplemental appropriation. We have met several times with the Governor, Lieutenant Governor, and many Legislators, and it is encouraging that they have recognized the importance of investing in our underground infrastructure.

We also continue to see progress on Cape Cod. This year saw the establishment of the Cape Cod Water Protection Trust, which UCANE strongly supported. Through the Trust, municipalities will have a dedicated revenue stream to help finance water infrastructure projects.

We also continue to monitor legislation and regulations that impact our businesses and industry. In the past year alone, we successfully lobbied to have changes made to mitigate the impact of the new Paid Family and Medical Leave Law, to take into account the unique nature of the construction industry. We were also able to work with a number of other groups to amend and eliminate several proposed new regulations to the Dig Safe Law, that would have severely affected how members operate on jobsites.

DECEMBER, 2019

Our Safety Committee was once again very active in 2019. We had a record number of companies and employees participate in a National Trench Safety Stand Down in June. We held informational seminars with OSHA representatives and continued to offer the latest safety training seminars and news to our membership.

While our core mission remains the same, we continue to evolve to meet the needs of our membership. Workforce Development has become an increasingly important issue, as our industry struggles to find a qualified workforce.

We have met with state workforce and educational leaders to discuss ideas and programs that can help enlist and develop the next generation of workers for our industry. We will continue to expand on these efforts in the future.

The other issue that has been talked about quite a bit recently is climate resiliency. UCANE has been strongly advocating that upgrading and “hardening” our underground infrastructure is a critical part of any resiliency program. So far, our elected officials have agreed and incorporated language reflecting this in recent proposals. However, I believe that it is critical that we continue to promote this message, as the issue will only grow in the coming years and will increasingly become a funding source for water infrastructure projects.

I would like to offer my congratulations and support to incoming President Marcella Albanese. I have had the pleasure of serving on the Board with Marcella and can think of no better ambassador of UCANE and its mission.

I look forward to continuing to work with her and supporting her in the coming year.

In conclusion, I again would like to offer my heartfelt thanks to all who made my tenure as UCANE President an enjoyable and positive experience. It is the members and their support that make UCANE such a special Association, and I encourage everyone to get involved, as I know you will find it as rewarding an experience as I did.

I also want to take this opportunity to wish all of our members and their families Happy Holidays, a Very Merry Christmas, and a Healthy and Prosperous New Year!

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UCANE’s 2019 Wrap-Up Legislative Overview UCANE again tracked an expansive range of legislative proposals while working closely with Tenax Strategies, Inc. (formerly Lynch Associates, Inc.) In 2019, as the State Legislature opened another two-year session, Massachusetts Representatives and Senators filed over 6,500 pieces of legislation.

UCANE ultimately identified and tracked over 70 of these bills that impact our industry. Many of these bills would have a negative effect on member companies and have been refiled from the previous session after UCANE successfully advocated against their passage. They range from establishing overly burdensome regulations to creating unfair advantages in public bidding laws. UCANE’s staff and our lobbyists tracked these bills, developed position papers and written testimony, visited legislators with UCANE members, spoke at public hearings, and otherwise informed Beacon Hill legislators about the potential negative impacts of these bills. As the 2019-2020 legislative session continues, UCANE and Tenax Strategies will again prioritize protecting and promoting our industry and maintaining our Association’s reputation as one of the most active and involved industry advocates on Beacon Hill.

UCANE Successfully Supports Water Infrastructure Funding Increase For the second year in a row, UCANE successfully advocated for an increase in funding for water infrastructure. The Legislature and Governor approved a supplemental appropriation of $9.05 million to the Clean Water Trust (CWT), which finances water infrastructure projects for municipalities and authorities in the state.

An additional $15 million was also appropriated for PFAS testing and remediation. UCANE will continue to support an increase in funding, as this only begins to address the $18 billion – $21 billion shortfall in water infrastructure funding the Commonwealth faces over the next 20 years.

Cape Cod's Water Protection Trust Starts Up in 2019 As many UCANE members know, municipalities on Cape Cod are under court order to address waste-

DECEMBER, 2019

water issues as a result of a successful lawsuit filed by the Conservation Law Foundation (CLF). This is known as the Section 208 Plan. The cost to implement the 208 Plan is estimated between $2 Billion and $4 Billion over the next 20 years. The 208 Plan is critical to protecting Cape Cod’s drinking water, its beaches, and its coastal industries from excess nitrogen loads created primarily by failed septic systems.

Establishment of a Cape Cod Water Protection Trust was heavily promoted by UCANE and others in order to establish a funding source to help pay for the sewer infrastructure on Cape Cod mandated by the Section 208 Plan. The bill was signed into law by Governor Baker in December 2018 and in July 2019 the Trust began to receive revenues. The 2.75% tax assessed to all short term rentals (hotels, motels, homes) on the Cape will be dedicated to assisting the 15 Cape Cod towns and will provide an incentive for towns to move forward with the necessary infrastructure projects. In 2019, the results were evident as projects began coming out to bid. The implementation of Section 208 will improve the health and wellbeing of people living on the Cape and will ultimately mean greater opportunities for UCANE contractors for many years to come.

Authored Legislation UCANE authored and filed legislation on behalf of our industry for the 2019-2020 State Legislative session. New legislation includes An Act Relative to Closing the Water Infrastructure Funding Gap with Water and Sewer Connection Fees. This new bill would create a dedicated revenue stream for water infrastructure for the first time.

UCANE also filed a bill to expand competition on Water and Sewer Treatment projects by allowing a 10-year DCAMM look-back in that specialized category. In addition, UCANE refiled two bills from last session: 1] An Act Relative to the Timely and Consistent Payment of Law Enforcement Personnel was filed in an effort to ensure consistent bidding practices with awarding authorities for payment of police details, and 2] UCANE also refiled its Dig Safe revision bill. These bills made significant progress in continued on page 9

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2019 Wrap-Up continued from page 7 the previous session. UCANE will continue to actively lobby for these important bills in 2020.

New Massachusetts Paid Family and Medical Leave Law (PFML) 2019 saw the new Massachusetts Paid Family and Medical Leave Law begin to take effect. UCANE met with the Executive Office of Labor and Workforce Development and submitted testimony on proposed regulations. We were able to successfully advocate for changes to the final regulations that took into account the unique nature of the construction industry.

UCANE also hosted a well-attended seminar on the topic with an expert panel from member law firm Prince Lobel Tye LLP. However, other issues still remain as this new law continues to be implemented, and UCANE will continue to work with other stakeholders to mitigate its impact on our industry.

Wage Theft Legislation There was once again a significant effort to pass wage theft legislation in 2019. UCANE recognizes that wage theft hurts workers and responsible employers, but the proposed legislation goes too far and

could unfairly punish a contractor for the actions of any tier of subcontractor, regardless of the general contractor’s knowledge of such actions. UCANE supports enforcement of the many existing laws already in place on this issue and was part of a coalition that has successfully lobbied for alternative measures to combat the non-payment of wages. UCANE will continue to work to protect its members from unfair legislation.

Water Infrastructure Alliance UCANE has been an active member of the Water Infrastructure Alliance (WIA) comprised of construction, environmental, and engineering companies that promote clean water investment in Massachusetts. The investment is needed to close an estimated $21 Billion funding gap for water and sewer needs that is projected in the Commonwealth over the next 20 years. It has been five years since the passage of Chapter 259 of the Acts of 2014, which introduced a wide range of provisions to assist the water and sewer funding needs of municipalities and of the State in general. UCANE continues to be a driving force in the WIA, providing research, information, testimony, and advocacy materials for other continued on page 11

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2019 Wrap-Up continued from page 9

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members. UCANE also continues to participate in public relation campaigns for water infrastructure, including being a sponsor of the national “Imagine A Day Without Water” campaign, for the fourth consecutive year.

Construction Outlook Magazine 2019 was again a very successful year for UCANE’s monthly publication, Construction Outlook magazine. The publication’s circulation continues to grow and, in addition to our membership, includes all 351 municipal DPW Directors, all State Legislators, Constitutional Officers, as well as our Congressional delegation. Several member companies and interesting projects were the subject of cover stories highlighted in the magazine.

We also continued our series of interviews with legislative leaders, as well as UCANE Board members. Our readers are also kept informed each month on the latest safety, legal, legislative, financial, and IT issues that are important to their businesses. Construction Outlook is well known at the State House and throughout the industry as the premier magazine for the underground construction industry.

UCANE has continued to offer its members both the 8-hour Class II Asbestos Training Course and the 4-hour Refresher Course (required every five years) in conjunction with ATC Associates, Inc., of West Springfield, MA. Both OSHA and the Department of Labor Standards have approved these courses, which were jointly developed by UCANE, MassDEP, and MWWA. Over the last eight years, more than 600 individuals have received Asbestos Cement Pipe (ACP) Worker Safety Certificates through UCANE. This number includes attendees from over 50 construction companies, as well as representatives from MassDEP, MWRA, MWWA, and municipalities.

UCANE/Municipal Officials UCANE continued to work with several municipal organizations and officials to advocate for increased investment in water infrastructure through the Clean Water Trust and other revenue sources. Every year we regularly meet with the Mass. Municipal Association (MMA), Mass. Highway Association (MHA), and the Norfolk Bristol Middlesex Highway Association (NBM). In addition, Municipal officials from around continued on page 13

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2019 Wrap-Up continued from page 11 the state regularly attend UCANE meetings and functions. In September UCANE hosted a Panel Discussion featuring DPW Directors and UCANE Contractors who talked about areas of mutual concern. The well-attended function featured some unbuffered Q&As but highlighted the fact that both groups are allies when it comes to promoting the need for infrastructure investment and the desire to deliver quality projects to the public.

Concrete Sidewalk Spalling Problems In 2018, as a result of multiple complaints from member contractors that new winter deicing products and procedures were causing spalling of new concrete sidewalks, UCANE convened several meetings with members and brought in CIM and MaCAPA representatives as well as concrete and deicing industry experts to determine a solution to this problem. In November 2018 and again in 2019, UCANE advised all municipalities and contractors to be aware of this potential problem as they poured new concrete walks or planned their ice and snow operations.

Throughout 2019, the three Associations attended multiple meetings with MassDOT engineers to re-

view old specifications, changes in cement products and additives, and current deicing products and application methods.

Although a silver bullet type solution was not found that would solve the spalling issue, the Industry and MassDOT agreed on parameters for a large Test Panel project. The test sidewalks were poured in early November 2019 at MassDOT’s Materials center in Hopkinton under the watchful eyes of industry and engineering experts. The walks will be subject to the same deicing procedures as applied throughout District 3 during Winter 2019-20. UMass Civil Engineering Dept. will monitor and record all applications, test the panels in Spring 2020, and prepare a report on the results.

MassDEP, MWRA, & BWSC UCANE maintains relationships with the leadership and decision makers at MassDEP, MWRA, and Boston Water & Sewer Commission (BWSC) and continues to attend MWRA Advisory Board meetings and regional MassDEP meetings in order to keep up with discussions on budgets, capital planning, etc.

At UCANE’s March 2019 Dinner Meeting, the heads of the MWRA, BWSC, and the MassDEP precontinued on page 15

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2019 Wrap-Up continued from page 13 sented their annual forecasts detailing the upcoming 2019 list of projects to be bid and their respective agency funding commitments to a large audience of UCANE members. In 2020, UCANE will continue to work closely with all of these agencies to promote the need for increased infrastructure investment.

Construction Roundtable with AG Along with other Construction Associations, UCANE continued to participate in the construction roundtable meetings with Massachusetts Attorney General Maura Healey and her staff at the Fair Labor Division to discuss issues of concern to the construction industry. Agenda items in 2019 included discussing the potential impact of various legislative proposals, including wage theft legislation. Other items included reviewing bid protest decisions, prevailing wages issues, abuse of the current sick leave law, and MBE/WBE compliance goals. UCANE looks forward to continuing productive roundtable discussions with the AG and her staff in 2020.

OSHA & Safety Related Issues Workplace Safety is always a top priority for

UCANE. In 2019, we continued to provide members with updates on the latest safety issues, changes in safety legislation at both the State and National levels, and best management practices when it comes to providing a safe jobsite. Email alerts are broadcast to all members when there is important breaking safety news and the Safety Corner articles in Construction Outlook magazine highlight safety topics of relevance. Safety updates are on the agenda at every UCANE board meeting.

In June of 2019, UCANE participated in a National Trench Safety Stand Down Week. This was an OSHA endorsed effort in which companies emphasized trench safety by planning a toolbox talk or other safety activity to take a break and emphasize the importance of trench safety. By the end of the week, 25 UCANE member firms representing over 2,300 employees had participated, by far the largest participation by any Association in the country.

In addition to the Asbestos Pipe Removal courses, UCANE once again offered a Competent Person and Confined Space Entry seminar led by nationally recognized instructor John Barrasso.

UCANE also provided members access, for a continued on page 17

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2019 Wrap-Up continued from page 15 second year, to a Silica Data Sharing program, so that members could comply with the new silica standards that went into effect in 2018.

UCANE's Safety Committee met regularly in 2019. The Committee hosted Peter Barletta, from the Region 1 OSHA office, to update members on the latest OSHA activity and in particular OSHA’s new Trench Emphasis Program. Other topics included updates on the City of Boston regulations, DPU citations, revisions to Dig Safe Regulations, cell phone policies, and the latest information on drug and alcohol testing policies.

UCANE and the Safety Committee has also made it a priority to address the opioid epidemic.

UCANE has joined with the other construction associations and offered seminars and support in 2019.

New Dig Safe Regulations In 2019, the Massachusetts Department of Public Utilities (DPU) surprised the underground industry by issuing a complete rewrite of the Dig Safe Regulations under an emergency order. The order was issued as a response to the dramatic and extensive gas disaster that occurred in the Merrimack Valley

in late 2018, although that incident did not involve Dig Safe regulations. The Emergency Order was in place for 90 days while DPU sought input and comments from the public. UCANE submitted lengthy testimony and recommendations to DPU during the 90 day period. Many of our comments were taken into consideration by DPU and a second revised set of Dig Safe Regulations was issued on October 4, 2019.

The DPU invited UCANE to a forum to further discuss the new regulations in November 2019. UCANE will continue to work with DPU in 2020 to help make Dig Safe Regulations fair and practical to the industry while maintaining maximum safety to the public.

National Legislative & Industry Initiatives UCANE continues to be an active member of the national contractor’s group, the Clean Water Construction Coalition (CWCC), which has grown to 28 member Associations representing more than 11,000 contractors nationwide. CWCC maintains a strong presence in Washington, D.C. and promotes the need for clean water funding. UCANE President Richard Pacella, Jr. (R. M. Pacella, Inc.) led a UCANE delegation that participated in the CWCC Fly-In in May in Washington D.C. as part of “Infrastructure Week.”

Our group met with members of the Massachusetts continued on page 19

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2019 Wrap-Up continued from page 17 Congressional delegation, as well as fellow CWCC contractors from across the country to discuss local and national water infrastructure issues.

In 2019, the CWCC successfully lobbied for the passage of the “The Water Infrastructure Funding Transfer Act,” which gives states the flexibility to make a one-time transfer of federal funds in their Clean Water State Revolving Fund to their Drinking Water State Revolving Fund. This law begins to address the lack of flexibility when one side of the SRF is flush with funding and the other is not. Future lobbying efforts will focus on creating this flexibility permanently, with funding going back and forth between Clean Water and Drinking Water SRFs in a given state so that less money is sitting on the sidelines and not going towards active construction.

UCANE’s 8th Annual Trade Show

Honors & Awards at UCANE’s 65th Annual Banquet On October 26 a crowd of more than 625 UCANE members, spouses, and guests enjoyed an evening of fine dining, entertainment, and dancing at the Newton Marriott Hotel. In addition to providing some great social camaraderie, our Banquet serves to honor UCANE members who have been voted as exemplary by their peers.

• The 2019 “Contractor Member of the Year” was awarded to Maureen Dagle of Dagle Electrical Construction Corp.

•

UCANE held its 8 Annual Trade Show as a way of thanking Construction Outlook magazine advertisers. A record number of Associate member companies took advantage of a complimentary opportunity to set up displays and hand out literature detailing their products and services prior to our March Foreth

cast Dinner Meeting. Company representatives were able to meet and talk with many of UCANE’s contractors and their key personnel in a social setting. Our 9th Annual Trade Show will be held prior to our March 2020 Forecast Dinner Meeting.

The 2019 “Associate Member of the Year” was awarded to A.J. Lorusso of Lorusso Heavy Equipment, LLC. Special recognition awards were presented to Bob and Paula Bernard of C. N. Wood Co., Inc. and Komatsu for hosting our Banquet for the 20th consecutive year. continued on page 19

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2019 Wrap-Up continued from page 18 A second recognition award was presented to Steve McCurdy of MassDEP, who for more than 15 years headed up the SRF Program as Director of Municipal Services and most recently was promoted to MassDEP Chief Financial Officer.

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Membership As of late November 2019, UCANE had welcomed a total of 21 new members to its current roster of over 250 members. With the help of current members, we will continue our efforts to add additional members who will benefit from joining our Association and will help to strengthen our industry.

Member Communications •

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• •

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Once again, the UCANE Industry Directory was sent to all Municipal DPW Directors in the state.

Our Directory also includes an “Emergency Services” section to provide DPW officials with quick contact information to reach UCANE members in case of a local emergency.

UCANE sent monthly e-newsletters informing members of the latest construction and legislative related issues. As a complimentary feature to support our “Buy from UCANE Members Program” our e-newsletter includes Construction Outlook advertisers’ ads on a rotating basis, at no additional charge.

UCANE’s website and social media-feeds are updated daily with the latest industry news.

UCANE’s website makes it easier for members to access information on seminars and meetings. It includes on-line versions of Construction Outlook magazine, as well as a list of all of our advertisers and links to their websites.

UCANE continues to increase its outreach to public officials and stakeholders through a variety of social media platforms such as LinkedIn, Twitter, and Facebook.

Dinner Meetings In 2019, UCANE held five Dinner meetings giving members an opportunity to interface in a relaxed setting and get updated on current industry news.

Guest speakers included Representative Thomas Golden, (Lowell, MA), Former New England Patriots Lineman, Joe Andruzzi, UCANE Members Richard Pacella, Jr. (R. M. Pacella, Inc.), Al Morteo (FED. CORP.), Chris Valenti (GVC Construction, Inc.), and MHA Members Chris Cronin (DPW Director, Andover, MA), Dave Field (DPW Director, Easton, MA), and Andrew Pappastergion (Public Works Commissioner, Brookline, MA). continued on page 21

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2019 Wrap-Up continued from page 19

MinuteMan trucks, inc.

College Scholarship Program •

•

•

In 2019, UCANE awarded twelve $2,000 college scholarships to High School seniors who are the children of UCANE members and their employees.

UCANE held a successful Christmas Party and On-Line Auction to support our Scholarship Fund.

Many UCANE members honored family members with Memorial and Honorary Scholarships.

UCANE's Charitable Endeavors •

Supported Leukemia & Lymphoma Society of MA 9th Annual “Gala for a Cure.”

•

Supported the Diabetes Foundation through the Benard Family and the McCourt Family.

•

Supported the Joe Andruzzi Foundation to assist cancer patients.

•

Sponsored the Mystic River Herring Run & Paddle to support the Mystic River Watershed Association.

•

Supported Pan-Mass Challenge through Joel Lewin (Hinckley Allen, LLP); Tom Descoteaux (R. H. White Construction Co., Inc.); and Bob Magliozzi (L. Guerini Group, Inc.).

•

Supported the “Rodman Ride for Kids” through Rodman Ford Sales, Inc.

•

Supported the Alzheimer’s Association through the Richard Pacella Family.

•

Supported the “Tour de South Shore” through the McCourt Foundation.

•

Supported the Massachusetts Hospital School through K & K Excavation Co., Inc.

•

Supported the Disabled American Veterans (DAV) through Dan Mahoney (MBO Precast, Inc.).

•

Supported many other charities throughout the year. n

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Mark Molloy, Esq., Tenax Strategies, Inc.

W

Looking Ahead to 2020: Potential Issues for Legislative Activity

hile predicting anything political or legislative can be difficult given the everchanging news cycle, the Massachusetts legislature has remained focused on a number of issues that may rise to the surface in the second year of the twoyear legislative session. The formal sessions for the first year of the session, which saw a flurry of legislation ranging from a first in the nation flavor ban on tobacco products, changes in the campaign finance laws, improvements to children’s health care, and an education funding initiative that had proved elusive in previous sessions, ended in late November.

When the Massachusetts legislature returns to formal sessions in 2020, there may be a fair amount of discussion about the following items: • Transportation Finance. The Massachusetts legislature has continued to debate how to address the Commonwealth’s transportation needs – whether road, bridge, transit, rail, or other means. Expect to hear a lot about a potential fuel tax increase, the Transportation Climate Initiative, congestion pricing, and other potential revenue mechanisms to address the Commonwealth’s transportation funding gap.

• Environment: Adaptation or Resiliency. The Governor filed a climate resiliency plan; the Massachusetts House of Representatives then passed its own version and all eyes now turn to the Massachusetts Senate, which has already committed to passing another climate adaptation bill before the end of January. While it is likely there will be action taken on environmental issues, it remains to be determined whether climate resiliency (i.e., ensuring infrastructure can absorb climate change effects) or climate adaptation (i.e., changing current economic methods and practices to account for climate change) will rule the day.

DECEMBER, 2019

•

Health Care Reform, Part 3. The Massachusetts legislature tried to attack the issue of health care reform in the previous session, but negotiations fell short in the end. This session, both branches have expressed an interest in addressing mechanisms to, among other things, address hospital payment disparities, telehealth, scope of practice, and drug pricing. Already, the Massachusetts Senate has passed an aggressive pharmaceutical drug pricing bill that sets the stage for a discussion in 2020.

• Right to Repair, Part 2. While most likely headed to the ballot in November 2020, expect the debate about whether vehicle manufacturers must provide more information, including telematics (i.e., vehicle data), to consumers and third party repair businesses to rear its head again in 2020.

The first iteration of the issue led to both the passage of the ballot question and, not one, but two legislative solutions.

• Economic Development. A bit of a “catch-all” category, the Massachusetts legislature has shown a history of passing second year economic development bills that try to provide support for certain industries – whether emerging or traditional, but perhaps stagnant. Sports betting, zoning and permitting reform, as well as housing legislation may fall into this category in 2020, as there has been extensive conversation about each topic in 2019.

While the aforementioned is certainly not an exhaustive list by any means, expect the Massachusetts legislature to be particularly busy in 2020.

Presidential election years tend to highlight the legislative process on both the federal and state levels.

As always, continue to participate in UCANE’s events and meetings to stay informed. continued on page 25

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DECEMBER, 2019

Legislative Update continued from page 23

R

Legislative Trio, Brodeur, Humason, and O’Connell Win Municipal Seats

epublican Senator Donald Humason of Westfield, Democrat Representative Paul Brodeur of Melrose, and Republican Representative Shaunna O'Connell of Taunton won their respective races for mayor in early November.

Senator Humason, who defeated Michael McCabe, will assume office in January 2020. The former chief of staff to Senator Michael Knapik, Senator Humason was elected in 2003 to the Massachusetts House. He has served in the Senate since 2013.

In Melrose, Mayor Brodeur overcame at-large City Councilor Monica Medeiros and assumed office as mayor on November 15. Brodeur was elected to a fifth term in the House representing Melrose and part of Malden and Wakefield last year. Representative Brodeur was the House Chair of the Joint Committee on Labor and Workforce Development.

In Taunton, Representative O'Connell beat City Councilor Estele Borges, who unsuccessfully ran against O'Connell in 2016 for State Representative. O'Connell was first elected to the House in 2010 and serves as

the ranking minority member on the House Committee on Global Warming and Climate Change and the House Committee on Personnel and Administration.

The election results produce interesting questions on both sides of the aisle. On the House side, House leadership will need to determine who replaces former Representative Brodeur as Chair of the Joint Committee on Labor and Workforce Development. In the Senate, Minority Leader Bruce Tarr will have to determine which of his four remaining caucus members takes on Senator Humason’s responsibilities once he leaves the body. With the recent stated departure of Senator Vin deMacedo, the Senate Republican caucus must spread a wide variety of work among the remaining members.

In terms of electing their replacements neither Brodeur, Humason, nor O’Connell have endorsed candidates for the likely special elections in Spring.

At the moment, only one legislative incumbent, Representative John Veilis, has expressed interest in one of the newly opened Senate Districts. continued on page 27

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DECEMBER, 2019

Legislative Update continued from page 25

A

Governor Baker Signs “Hands-Free” Driving Legislation

s reported in a variety of media publications, including the State House News Service, Governor Charlie Baker signed legislation stating that no motor vehicle operator may use electronic devices while driving, unless the technology is being used hands-free. The legislation also sets forth penalties for violating the law and requires that law enforcement officers report data on violations, so the information can be shared with the public.

Under the new law, Chapter 122 of the Acts of 2019, operators of motor vehicles cannot use an electronic device unless the device is being used in hands-free mode. Operators cannot read or view text or look at images or video, unless what is being viewed on the device is helping with navigation and the device is mounted in an appropriate location. They also cannot make phone calls unless they are able to do so without holding the phone, utilizing technology such as Bluetooth.

The new law permits the use of electronic devices if they are being used in response to an emergency, or are necessary for first responders to do their jobs.

It also permits use if operators are stationary and not in active lanes of travel.

Punishment for violating the hands-free law includes a $100 fine for a first offense, $250 fine for a second offense, and $500 fine for a third or subsequent offense. A third or subsequent offense will count as a surchargeable incident. Operators who commit a second or subsequent offense are required to complete an educational program focused on distracted driving prevention.

The new law, which takes effect 90 days after passage, contains reporting requirements for law enforcement officers who make traffic stops. They must collect, including the age, race, and gender of individuals issued a warning or citation. The new law sets forth a process in the event that there are suspicions a law enforcement entity may be engaging in racial profiling.

To review the new law, please visit: https://malegislature.gov/Laws/SessionLaws/Acts/2019 continued on page 29

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Corporate Headquarters 22 N. Maple St. Woburn, MA 01801 781.935.3377 60 Shun Pike Johnston, RI 02919 401.942.9191 140 Wales Ave. Avon, MA 02322 508.584.8484

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Legislative Update continued from page 27

T

North Andover Receives MassWorks Grant for Road and Sewer Improvements

he Baker-Polito Administration recently announced that the Town of North Andover has received a MassWorks Infrastructure Program grant worth $2.3 million for the redevelopment of Osgood Landing.

The project will fund road and sewer work that will enable the construction of a $200 million Amazon facility.

Sewer construction and street improvements along Route 125 will support redevelopment of the 165-acre Osgood site, a priority development area of the Merrimack Valley Planning Commission’s Regional Land Use Plan. The project will also eliminate the dependence of many area businesses on septic and short-term sewer licenses along the route.

According to a press release from the Governor’s Office, these improvements will allow for the growth of a planned $200-million Amazon shipping center, which will include construction of a new 3.8-million square-foot warehouse and distribution facility, demolition of 1.5 million square feet of existing building space, and renovation of 400,000 square feet of existing office space. A 30-acre portion of the site will also be used for a ground-mounted solar energy system. The Amazon development is expected to generate 1,500 permanent full-time jobs and between 200 and 250 construction jobs.

Through the 2019 MassWorks round, the BakerPolito Administration announced that it will award more than $72 million in MassWorks awards to a diverse mix of 36 projects in 35 communities across the Commonwealth, including nine Gateway Cities and eight communities that will receive MassWorks funding for the first time. The awards will unlock a total of $2.3 billion in private investment and more than 4,600 new full-time jobs, along with more than 3,100 new housing units, more than a third of which are affordable. The transformative projects funded by the 2019 awards were selected from 92 applications, totaling $223 million in requests.

Between 2015 and 2018, the Baker-Polito Administration awarded more than $383 million in MassWorks grants to support 183 shovel-ready projects in 128 communities. MassWorks funding has made possible the addition and preservation of more than 2 million square feet of commercial/retail space, tens of thousands of jobs, and 11,000 housing units, while leveraging about $6.9 billion in private investment.

To learn more about the MassWorks program, please visit: https://www.mass.gov/orgs/massworks.

continued on page 31

Don’t dig yourself into trouble...

The Perfect 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 - not including weekends and holidays.

• Notify non-member facility owners.

• Maintain the marks placed by underground facility owners.

Call

• 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 if the damaged facility poses a risk to public safety.

• Know your state’s excavation requirements.

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

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DECEMBER, 2019

Legislative Update continued from page 29

T

Public Hearing on Legislation Addressing Natural Gas Pipelines Draws Interest

he Joint Committee on Telecommunications, Utilities and Energy held a public hearing in November on a wide variety of legislation filed in the aftermath of the tragedy involving gas connections in the Merrimack Valley. The Committee hearing, chaired by House Chair Tom Golden and Senate Chair Mike Barrett, saw a high attendance rate among members with House Vice Chair Representative Dykema, Representative Dan Cullinane, Representative Joan Meschino, Representative Dylan Fernandez, Representative Jim Hawkins, Representative Lenny Mirra, and Senator Marc Pacheco, Senate Vice Chair, all in attendance.

In testifying before the Committee, Representative Lori Ehrlich was the leader for a large group of legislators that have partnered with her on a variety of gas safety legislation. The group included the following: Senator Cindy Creem, Representative Christina Minicucci, Senator Jamie Eldridge, Representative Frank Moran, Representative Christine Barber, Senator Barry Finegold, Representative Marjorie Decker, Senator Paul Feeney, Representative Marcos Devers, Representative Tram Nugyen, Representative Tommy Vittolo, and Senator Joanne Comerford. Representative Ehrlich, who opened by stating that she has worked on natural gas safety for the past 10 years, supports reducing natural gas as a fuel source, which is a component of her filed matter, House Bill 2849, An Act for Utility Transition to Using Renewable Energy (The Future Act).

Senator Diana DiZoglio, who represents North Andover and other local towns, pointed out to the Committee that nearly every Merrimack Valley-area

lawmaker showed up to testify on gas safety legislation. She further explained that there is a widespread need for gas safety standards that the legislature should embrace this session. Speaking of safety, Mr. Frank Callahan, President, Massachusetts Building & Trades Council, Mr. Scott Gustufson, Director, New England Region of the Laborer's International Union of North America (LIUNA), and Mr. Chris Carey, Legislative Representative, International Union of Operating Engineers, Local 4 all testified on a panel in favor of House Bill 2847/Senate Bill 1963, An Act to Ensure Safety and Transparency in Pipeline Repair.

They all testified about the need for more training to ensure the safety of their members.

Finally, Boston Mayor Marty Walsh and Lawrence Mayor Dan Rivera testified in favor of HB2828, An Act to Modernize Our Natural Gas Infrastructure.

The focus of their testimony was the need for more safety protocols and better infrastructure controls.

Mayor Walsh, who acknowledged the group, Mothers Out Front, addressed a variety of concerns municipal officials have voiced on numerous occasions prior to the hearing. Mayor Rivera spoke about the importance of municipal infrastructure, but then stressed how this legislation could save future lives from gas leaks.

Many community activist groups in the audience weighed in with support for the various safety bills including, but not limited to, Mothers Out Front, 350.org, and Elders Climate Action. The Committee, which must report on all legislation before the Joint Rule 10 deadline in February 2020, gave no indication on how it will act on the legislation before it. continued on page 33

GENERAL CONTRACTOR Manufacturer and Installer of Bituminous Concrete Products 100 Wales Avenue-Rear Avon, MA 02322 Office: 508-583-2029 Plant: 508-587-6953

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Legislative Update continued from page 31

News in Brief

New Leadership at MWWA. The Massachusetts Water Works Association (MWWA) announced that Mr. Patrick S. O’Neale, P.E. has been appointed as President of the Association, effective November 1, 2019. Mr. O’Neale is a Senior Vice President at Tata & Howard, Inc., a Northeast leader in water engineering and consulting. An engineer with more than 38 years of consulting experience with specialized expertise in water treatment, water distribution system analysis, design, and construction, Mr. O’Neale has served on the MWWA Board of Directors since 2015 and has been a member of the Program Committee since 2010, where he most recently served as co-chair.

Pioneer Institute Looks at Licensing Requirements. According to a recent report by the Pioneer Institute, occupational licensing laws protect industries by keeping new workers out, have made it more difficult for ex-convicts to re-enter the workforce, and do not always improve public health or consumer welfare.

The report noted that many states do not recognize professional licenses issued in other states, reducing labor mobility. Researchers concluded that states are reluctant to reform occupational licensing rules, which could enable more people to break into lines of work, because they want to protect existing licensing fees.

DECEMBER, 2019

The study found that between 25 percent and 30 percent of workers need a license to do their jobs in the United States, up from 5 percent in 1950. A copy of the report can be reviewed at: https://pioneerinstitute.org/ download/how-occupational-licensing-laws-reducestate-and-local-tax-revenues-the-public-financecase-for-occupational-licensing-reform/ Short-Term Rentals Producing Tax Bump. One year after short-term rentals, including third party intermediaries such as HomeAway and Airbnb, became subject to the state's 5.7 percent lodging tax, it appears that the initiative will raise $27.5 million this fiscal year and $30 million in fiscal 2021. In addition to the 5.7 percent room occupancy tax, short-term rentals can also be subject to a local option excise tax and community impact fee, depending on the municipality where they're located. In Boston, Worcester, Cambridge, Springfield, West Springfield, and Chicopee, a 2.75 percent convention center finance fee also applies, and in municipalities that are members of the Cape Cod and Island Water Protection Fund, there is another 2.75 percent excise. No details on the amount of specific funding, raised by those additional assessments, has been made public yet. n

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DECEMBER, 2019

Richard Wayne, Esq., Prince Lobel Tye LLC

Atlantic Drain and its Owner Found Guilty of Manslaughter in Trench Collapse Deaths On October 31, 2019, Atlantic Drain Services, Inc. (Atlantic) and its owner, Kevin Otto (Otto), were each found guilty of two counts of manslaughter arising from the deaths of two employees in a trench collapse. The case was tried in Suffolk County Superior Court in a jury-waived trial. During the course of the eight-day trial, the District Attorney presented evidence and testimony that Atlantic and Otto knowingly and willfully placed employees in extreme danger by failing to install cave-in protection and take other safety precautions. Sentencing is scheduled for December 4, 2019. Otto’s manslaughter convictions could result in sentences of up to 20 years for each count.

B

y way of background, the employees were working in a narrow trench on Dartmouth Street in Boston’s South End. Atlantic had been hired to install water and sewer lines. At the time of the accident, the trench was approximately 12 feet deep.

The company did not use shoring or sloping to prevent a cave-in. There was a live fire hydrant in close proximity to the trench. Atlantic did not support the undermined fire hydrant. At the time of the accident, there was no evidence that a ladder was in the trench or other means of ingress or egress. Otto was personally supervising the work. At approximately noon, October 21, 2016, with the employees in the trench, dirt began to slough off its sides, partially burying the workers up to their waists. The adjacent fire hydrant collapsed into the trench breaking the water main and filling the trench with water. Within seconds the trapped employees were buried in the mud and dirty water and drowned. Although, Boston EMS and fire department personnel immediately responded, there was no time to rescue the victims. Also responding were investigators for the Suffolk County District Attorney and OSHA. Recovery efforts took the remainder of the day.

In February 2017, a Suffolk County grand jury in-

DECEMBER, 2019

dicted Atlantic and Otto on two counts each of manslaughter and other charges. The Suffolk County District Attorney stated this incident was neither an accident nor negligence but “wanton and reckless conduct…that cost two men their lives.”

Atlantic’s pre-accident establishment history disclosed it had been cited for numerous similar violations in 2007 and 2012. It was unclear whether Atlantic paid its prior penalties or met its abatement obligations. Specifically, the prior OSHA Atlantic settlement agreements stipulated Atlantic would provide employees with comprehensive trench safety training. There was no evidence that it did.

After a thorough investigation, OSHA, in April continued on page 37

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DECEMBER, 2019

Labor Issues continued from page 35 2017, issued the company 18 serious, repeat, and willful violations and fined the company $1.5 million.

Among other things, citations alleged a failure to: a) Install a trench support system to protect employees from cave-in hazards; b) Take measure to prevent the adjacent fire hydrant from failing or collapsing; c) Remove employees from the hazardous conditions in the trench; d) Train workers on how to identify and address hazards in connection with trench excavation; e) Provide a ladder at all times so that employees may exit the trench; f) Support structures adjacent to the trench that posed overhead hazards; and g) Provide employees with hardhats and eye protection.

Although OSHA has authority to recommend federal prosecution of employers for willful violations of the OSHA Act, OSHA cannot prosecute the case itself but must refer the matter to the Department of Justice (DOJ). The DOJ rarely prosecutes such cases. Despite the fact that the underlying misconduct may be subject to OSHA standards,

an OSHA investigation does not automatically preempt state or local prosecutions. As was the case with Atlantic, if the prosecution is based upon traditional state crimes, like manslaughter, and is not dependent upon OSHA’s standards, the state’s prosecution will not be preempted.

Lessons to be learned from the Atlantic case are many. First and foremost, construction is dangerous and can be deadly. Under state and federal law, employers have a legal obligation to protect their employees from safety and health hazards. Employers also have the duty to train employees, comply with the many safety and health standards, and provide protective equipment. When hazards are identified, whether by government inspection or through self-audit, they should be abated immediately or employees should be prevented from coming into proximity to the unabated hazard. Lastly, penalties for violations of OSHA standards are not the exclusive legal and financial risk an employer may face. n

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DECEMBER, 2019

Andy Pappastergion Retires After 50 Years With Town of Brookline DPW One of the most well-known and well-respected public works officials in Massachusetts has just announced his retirement after a storied career at the Town of Brookline DPW. Andy Pappastergion has decided to actually put some miles on his brand new 40-foot Fleetwood RV that he and his wife, Helen purchased five years ago thinking then that retirement was imminent. “I guess there was really no rush to buy the RV,” muses Andy, “I just hope it starts now.”

A Career in Brookline

Andy is a home-grown Brookline guy, having grown up in the town, and having been a product of the Brookline Public School system. As a youngster riding his bike around town, little did he know that one day he would be taking care of all of those streets. After graduating from Brookline High School, Andy enrolled at Northeastern University to pursue a degree and career in Civil Engineering. In 1969, it was the Northeastern co-op program that gave Andy his first introduction to the Brookline DPW, where he worked in the Engineering Division for several summers. Andy made a good impression as a co-op student, and when he graduated in 1973 he accepted an offer from the Town of Brookline to work full time as a Junior Engineer.

In 1979 Andy was promoted to Senior Civil Engineer. It was 1982 when a 31-year-old Pappastergion was advanced to the position of Director of Water and Sewer, a post that he would embrace for the next 28 years. As Water and Sewer Director, Andy had responsibility for 340 miles of underground piping, much of it some of the oldest piping in Massachusetts.

Always a good communicator, Andy successfully made the case for increased investment in Town infrastructure to multiple Town Managers, Selectmen, and at Town Meetings over the years. During his tenure as Water and Sewer Director, Andy oversaw the modernization of almost the entire drinking water system and a majority of the old clay sewer network in his town of 60,000 residents.

DECEMBER, 2019

“We had an aggressive annual program,” recalls Andy. “Whether it was relining pipes or relaying them, we were doing close to eight miles of water and sewer a year at one point.” Over a 25-year period Brookline replaced 2,000 gate valves in the water system, over 1,500 hydrants, and 5,000 water services. “Before lead services became a hot issue, we had already replaced almost all of them,” said Pappastergion.

In 2000, in addition to his ongoing role as Water and Sewer Director, Pappastergion was appointed as Deputy Commissioner working under Commissioner of Public Works, Tom DeMaio. When DeMaio stepped down in 2010 Andy was appointed his successor. As Commissioner, Andy took on responsibility for 180 employees throughout five separate DPW Divisions with an annual budget of $40 million. Quite the success story for a local kid who started off as a DPW co-op student.

Industry Involvement As his career advanced, Andy sought out opportunities where he could learn more about, and contribute to, the public works industry that he loved. Andy is a longtime member of multiple state and national associations including Norfolk-Bristol-Middlesex Highway Association, New England Water Works Association, Boston Society of Civil Engineers, American Public Works Association, Massachusetts Highway Association, and he is a life member of the American Water Works Association. It might be difficult to find a DPW Director, a consulting engineer, or a utility concontinued on page 41

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DECEMBER, 2019

Andy Pappastergion continued from page 39 tractor in the Commonwealth of Massachusetts that doesn’t know Andy Pappastergion.

Perhaps Andy’s largest industry commitment outside of Brookline Public Works has been his involvement with the MWRA. When the old MDC (Metropolitan District Commission) was transformed into the MWRA in 1985, Andy volunteered to be Brookline’s representative on the first Advisory Board, where he served as Chairman from 1992 - 1997. In 1997, Andy was elected to the MWRA Board of Directors and continues to serve in that capacity today. The 11 person Board is tasked with oversight of one of the largest agencies in Massachusetts providing water Boston Area and sewer service to 61 cities and towns and half the Locations population of Massachusetts (3 million customers).

Meeting several times monthly, Andy has had direct decision making involvement from the beginning with massive MWRA projects including Deer Island, the Boston Harbor Cleanup, the MetroWest Tunnel, and more than $10 billion of MWRA expenditures since their inception.

Looking Back

As Andy looks back on his long career, he first gives credit to the Town of Brookline DPW managers who took a chance on hiring and promoting him and who also taught him along the way. “I was very fortunate to have guys like Leo Picardi, Bill Griffiths, and Paul Clancy who preceded me and who mentored me,” reflected Pappastergion. “And I loved working with Tom DeMaio. These men all shared years of knowledge with me and helped me grow. They all had a real love for the work they did and 2 Dexter Street for the Town of Brookline and it was Everett, MA 02149 Boston Area Boston Area passed on to me as well.”

Locations Locations 431 Second Street Andy takes pride in developEverett, MA 02149 ing a great staff of DPW employ2 Dexter Street 2 Dexter Street

ees and being able to secure fundEverett, MA 02149 Everett, MA 02149 ing to provide them with first class equipment to do their jobs. Andy 431 Second Street 431 Second Street always promoted training within Everett, MA 02149 Everett, MA 02149 the DPW and in 2011 the BrookBOSTON AREA LOCATIONS

line DPW became the first DPW in

100 Fremont Street 2 Dexter Street 431 Second Street New England to pass the rigorous Worcester, 01603 Everett, MAMA 02149 Everett, MA 02149 requirements necessary to attain full accreditation by APWA. “We pushed some big projects of our own through our department over the years,” according to Andy.

“I’m proud of our water rehabilitation and upgrade program that cost close to $50 million, but is the envy of most other communities and will serve the Town for the Minichiello Bros./Scrap-It, Inc., foreseeable future. The $25 million Minichiello Bros./Scrap-It, Inc. Beacon Street Sewer Separation Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, buyers, sellers, and processors of scrap metal.

Forour overgoal 60 years goal job was another challenge that we sellers and processors of scrap metal. For over 60 years has our remained remained the same - to in provide the best along prices in thetop industry along with the same - tohas provide the best prices the industry with notch recently completed successfully.” top notch service!

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Callcustomer Fred Rogers at Call 617-595-5505 Being a host town to some Minichiello Bros./Scrap-It, Inc.,

of the MWRA’s largest pipelines, Minichiello Bros./Scrap-It, Inc., Andy and his DPW crews have Serves over 2500 customers a week and is one New England's largest buyers, coordinated sellers and processors of scrap metal.

For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers, with over $100 million he same - to provide the best in theof industry along with notch sellers and prices processors scrap metal.

Fortop over 60 years our goal has remained worth of MWRA construction projcustomer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch ects in the last 20 years alone. customer service! Call Fred Rogers at 617-595-5505 “Between MWRA projects, the

$100 million Army Corps project at the Muddy River, and our own Turn your metal into money today! infrastructure projects, Brookline Turn your metal into money today! has been a very busy place for Minichiello Bros. Inc./Scrap-It Inc.

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Andy Pappastergion continued from page 41

area contractors,” says Andy. “Not just any contractor can come in and rip up the streets in Brookline. Many streets are urban with a maze of buried utilities and serious traffic concerns. Over the years I have had some great utility contractors tackling difficult projects in highly visible locations, most of them members of UCANE. I’m proud to have worked with these professional contractors and to have had a long relationship with UCANE.”

Looking Ahead

Andy will be working for the Town of Brookline on a part-time basis over the next few months in order to locate and assist in the transition of his successor. He will be continuing his position on the MWRA Board of Directors for at least the next two years and you will continue to see him at many industry association meetings. “I don’t intend to disappear any time soon,” laughs Andy. “But I do plan to spend more time with my two daughters and my granddaughter who live near me. Helen and I have some trips planned for the RV and I might just blow the dust off my old carpentry and automotive tools and catch up on some unfinished projects at home.”

Andy’s love for his job and for his Town show through after even a short conversation. He has left a lasting impression throughout the streets of Brookline and to the entire public works industry. Retirement is unchartered waters for a person as active as Andy has been, and Helen might need a little help in slowing his pace!

UCANE and its Board of Directors is proud to count Andy Pappastergion as a friend and we wish him the very best as he enters his well-earned retirement years. n

Andy stands next to Brookline’s Mobile Water Dispenser, affectionately named “The Aquastergion,” compliments of his Water & Sewer Division.

“On behalf of the Board of Directors and staff of the MWRA, I would like to offer our sincerest congratulations to Andy Pappastergion on such an amazing milestone. Andy has been a driving force behind the successful cleanup of Boston Harbor and the modernization of the drinking water system. In all my years of public service, he is one of the best Public Works Directors I have encountered. He is an astute leader who often challenges staff to ensure that the actions of the MWRA Board are justifiable and cost-effective for the ratepayers who foot the bill.” ~ Fred Laskey, MWRA Executive Director “Andy and I have collaborated for over four decades in ‘all things water’ to improve the quality of life for all. Andy has always been the ultimate professional, gentleman, and a close friend and has made an impact on all who have known him. I wish him good health, long life, and all the best in all his future endeavors.” ~ John Sullivan, BWSC Chief Engineer

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Patrick W. Saltmarsh Corporate Safety Director J. Derenzo Companies

Onboarding New Employees

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Training is an investment in the future of your business.

ealing with employee turnover is like the weather in New England. Those that pay attention and plan for it, are better prepared when it happens. When turnover occurs in a company, one area of your business that should not be ignored is the onboarding of new employees.

Whether you are a union, or non-union shop, when a new employee arrives on the job, you should be able to hand him or her an easy-to-use, simple-tofollow packet that will efficiently walk them through what is expected of them.

Many construction companies incorrectly believe that they will not see a return on their investment by spending time and resources on newly hired employees. However, proper onboarding of your companies’ health and safety program, company policies, etc. is necessary to properly outline what is expected, of each employee prior to them beginning any work.

During a recent conversation with a friend of mine, whom owns several scallop boats, he voiced his complaint that roughly 80% of his newly hired fishermen suffer some sort of injury on their first trip out on the boat. The troubling part for him, is that he only hires experienced fishermen. Even though he commits to hiring seasoned fishermen, he was not taking into consideration that each vessel is run by a different Captain, has a different layout, and may not take to the seas like the previous boat they worked on. It is varying factors, such as these, that can lead to unexpected injuries when proper onboarding of new employees does not take place.

DECEMBER, 2019

J. Derenzo Co. conducting a training class on the proper installation of a timber shoring system.

One of the ways to shorten the time it takes to onboard new employees is to provide simple, easy-to-use training documents that will help the new employee get onboarded quickly, so that they can get out of the job trailer (or office) and get to the work they were hired to do. Each company should take the time to develop a “New Hire Packet” which continued on page 46

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Safety Corner continued from page 45 does not consist of a 100-page employee manual that will never get picked up again. Instead, create simple, easy to understand documents that minimize the training time not only for the employee, but for the Foremen as well. Structure the information into an easy to read format that your reader will be easily understood, and utilize bullet points and numbers to show the progression of information.

Be sure to capture the important information and present it in a way that it will make sense to each employee.

Assigning an experienced worker, or mentor, to work alongside the newly hired employee, can also assist with the transition process and ensure company policies and procedures are explained and followed. This will help outline what is expected of each employee, as well as demonstrate firsthand how your particular company performs the work.

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UCANE’s 9th Annual Appreciation Night Trade Show Will be held on March 25, 2020 prior to our Forecast Dinner Meeting

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

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

For more information and advertising rates call Suzanne at the UCANE office.

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5 Ways Small, Minority-Owned Firms Can Build Success

To spread the economic benefits that construction projects generate more fairly across communities, government agencies reserve some public work for contractors owned or operated by traditionally disadvantaged groups.

F

ederal, state and even city and county agencies have special programs that give qualified minority- and woman-owned business enterprises (MWBEs) and other disadvantaged business enterprises (DBEs), such as service-disabled veterans, a chance to bid on and win certain construction projects ranging from small to mega. That is, if they are certified.

The Small Business Administration, for example, runs the 8(a) certification program, which is probably the most well-known among government contractors, but other letting agencies have renditions as well.

Most certifying agencies require that a qualified business be owned by at least 51% minority or disadvantaged owners.

African Americans, Hispanics, Native Americans, Asian-Pacific, and Subcontinent Asian Americans and women are presumed to be socially and economically disadvantaged, according to the federal government. Other individuals can also qualify as socially and economically disadvantaged on a caseby-case basis.

DECEMBER, 2019

But while certification provides some opportunities, it doesn’t mean that MWBEs and DBEs get to skip over all the hard work that goes into building a business. “That's not the way it works,” said Dan Moncrief III, CEO and Chairman of certified minority commercial contractor McDaniel’s Construction Corp. in Columbus, Ohio, and President of the National Association of Minority Contractors.

“You have to work harder than you've ever worked and stay up later than you've ever stayed up to get your first job,” he said.” And once you get a first job, it may be a long time before you get the second one.

So, it's a constant grind. If you don't have the fortitude for it, you might want to do something else.”

With the many agencies, certifications, programs and regulations in the mix, some smaller disadvantaged contractors may be confused about where to start and how to reap the benefits available to them.

And for those contractors starting out with less capital and fewer resources than their larger MWBE and DBE counterparts have, the road to success might continued on page 50

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49

5 Ways continued from page 49 be a little tougher — and longer — but there are strategies that can help them be more competitive.

Build Relationships There are many benefits that come from developing personal relationships with project decisionmakers, such as staff in public contracting offices, officials who award contracts and larger construction firms. "At the end of the day, if you don't build a relationship, you don't grow," said Derek Mateos, President and CEO of Tampa, Florida-based Matcon Construction Services Inc. "It's that simple."

Attend pre-bid meetings, get to know purchasing managers, be a visible presence at public agency board meetings and hearings and show up at trade shows or special MWBE and DBE functions, he continued. These are all ways that contractors can stand out and show they are interested in what's going on at the various contracting agencies and that they are willing to take on work.

While a solid personal relationship won’t let a contractor leapfrog past procurement rules, it can come in handy when agency officers or facilities managers can use their discretion in awarding projects. Sometimes some of these jobs are under a certain cost

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threshold, Mateos said, and are awarded to the firm deemed most qualified rather than the lowest bidder.

The contractor that has spent time building up a level of trust, in those instances, likely will have an edge.

Take Part in Programs Agencies that certify MWBEs and DBEs will also sometimes provide opportunities that can help boost their industry knowledge and help them make connections that can lead to new work. Some even offer access to direct financial assistance with subsidized bonding and access to capital, according to attorney Elizabeth Marchionni with Kaufman Dolowich Voluck LLP in New York.

The SBA has a mentor-protege program, for example. Other state and federal agencies, like the Port Authority of New York and New Jersey and the USDOT, provide this opportunity as well.

The goal of these initiatives is to help small MWBEs and DBEs develop and grow by pairing them with more experienced contractors. The SBA and other agencies even promote joint ventures between the two so that the smaller firms can get on-the-job experience from pre-bid to closeout. At the very least, the mentor makes itself available to answer questions and give advice. continued on page 51

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5 Ways continued from page 50 Many of these same agencies, Marchionni said, offer additional educational programs that teach new MWBE and DBE contractors about the many aspects of running a construction business and sponsor matchmaking events that introduce them to suppliers and potential customers.

“I am a great proponent of the educational opportunities,” Moncrief said. “[They] are one of the things that I used extensively.” Various agencies, he said, had pools of money that small MWBE and DBE firms could use to send company principals and staff to college, to take training courses and seminars or to finance new technology.

“I used that to the fullest extent that I could," he said, "and it was one of the best things that we ever did as a company."

But the tangle of agencies, different program offerings and varying regulations can be overwhelming to small firms that are just getting into government contracting, said Kenneth Thomas, co-founder and co-managing director of the Minority & Women Contractors & Developers Association (MWCDA).

“I think what is problematic about these programs is that they aren't necessarily comprehensive or holistic in their approach,” Thomas said. “These

programs are worthwhile. I just think that, from the MBE’s' perspective, they're inundated with the bureaucracy of the administrative workflow that it takes to be successful in these programs.”

So, in an attempt to ease that burden, the MWCDA is partnering with Columbia University to develop a program that consolidates education, access to working capital and bonding capacity through partnerships with lending institutions and the chance to connect with contractors that might need a qualified MWBE to meet their own contractual requirements.

This isn’t a replacement for the agencies that these firms already work with, he said, but a supplemental source that can help them navigate the red tape of the certification process and help grow their businesses.

Aim for Low-Hanging Fruit

Smaller MWBEs and DBEs entering the government contracting market, Marchionni said, should think about bidding on smaller projects to start — work they know they can perform successfully. “They need to go for low-hanging fruit,” she said.

In fact, Marchionni said, it is doubtful that a small contractor could even win approval for a large contract because of the vetting that public agencies must do to make sure the selected construction company can carry large payrolls, purchase materials, and honor other financial obligations between draw payments.

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5 Ways continued from page 51 sector but in the private arena as well.

“Usually [certified firms] are doing mostly public work,” Marchionni said, “because that’s where the strength of their certification gets them the furthest.

But … if they have an opportunity through their networking and business connection efforts to do a private job for the experience, it’s never a bad idea.”

There are also pending issues in the private sector, she said, like whether private jobs that receive any amount of public funding will be required to meet diversity goals, so those contacts could benefit certified firms in the future.

In fact, Mateos said, Matcon cut its teeth in the private sector for years prior to gaining its minority certifications with the Florida DOT and local county and city agencies.

Mind the Limit One issue that is impactful to MWBEs and DBEs now and will surely be so into the future is the issue of caps – the amount of revenue these firms can bring in annually before being graduated from an agency program.

Some may think that the SBA limit of $36.5 million for commercial and institutional contractors, for

example, is too high. But, according to some contractors, including Moncrief, it’s actually not high enough.

Moncrief said his company brings in $30 million to $40 million dollars a year but that he’s competing against billion-dollar companies. The limits are too small, he said, particularly now that there is a dearth of qualified and certified firms.

“What [agencies] want is to have these utilization goals met, and in order to do that, you need an abundance of qualified, certified firms that can actually do the work. But if they get too successful, then they're kicked out,” Marchionni said. “It’s definitely a Catch-22.”

Reprinted from Construction Dive. Written by Kim Slowey. n

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UCANE’s 46th Annual Christmas Party & Online Scholarship Auction was Definitely a “Sports Lover’s Dream!”

Sponsored by Woodco Machinery, Inc. UCANE’s “new and different” Christmas Party and Scholarship Auction, held at the Sheraton Four Points Hotel in Norwood, MA, was attended by over 150 members and guests, who were in a festive and party mood and ready to support the UCANE Scholarship Program.

While our Auction had been a rousing success for over four decades and during that time we had the opportunity to recognize the achievements of over 500 high school seniors, it was time to make some changes to keep the Auction new and different and exciting for the next generation of members…especially those who use their phones for just about everything affecting their lives. Changes were also made to expand our scholarship applicant pool beyond just graduating high school seniors who were matriculating to schools of higher education.

UCANE Executive Director Anne Klayman kicked off the evening by thanking everyone for joining us and explaining our new Online Auction format whereby members, both those attending and those at other locations, could bid on items using their phones. Anne also informed members that our scholarship eligibility has changed, and will include members and their employees grandchildren, who are graduating high school, as well as those who are attending college, but who have not previously received a UCANE Scholarship.

She then introduced Assistant Executive Director Jeff Mahoney who further explained how to bid online for the auction items, until the 8 p.m. deadline, when the bidding would end. Also, later in the evening, Jeff live-auctioned a fishing trip for four on Oscar and Newton Johnson’s 61-foot boat, (Eastern States Insurance Agency, Inc.) that

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DECEMBER, 2019

they donated to benefit our Scholarship Program. This last minute donation made for a lot of good-hearted competition and fun. Later in the evening, Jeff announced the names of those members who were elected to serve as UCANE’s 2020 Officers and Board of Directors.

Following our speeches, and a delicious dinner buffet, members and their guests were quick to get into the Christmas spirit and began to vigorously bid up the online items, as each item, with the latest bid price, was projected on two large screens on either side of the ballroom Attendees were seen constantly checking their phones to make certain they were not out-bid for their coveted items.

As always, there was something for everyone at this year’s auction. For the sports fans there was the priceless Red Sox Luxury Suite for 22 people, once again generously donated by McCourt Construction Company; Bruins, Patriots, and Celtics tickets; and an autographed and beautifully framed Gronk photo.

In addition, there was a Michael Kors gift set; a ladies evening bag and scarf; and tickets to see Mariah Carey at Mohegan Sun. There was also golf at seven different sensational courses throughout Massachusetts; two Southwest airline tickets (to anywhere in the continental U.S.); and the ever popular Dale Carnegie Course.

During the bidding time, Anne and Jeff began calling the names of our raffle winners for the more than 40 great prizes, which included decorative Christmas items, liquor gift packages, sherpa blankets, cases of Samuel Adams beer, gift certificates to restaurants, sport items, and tins of popcorn.

Overall, a wonderful time was had by all who attended. The new format was a huge hit, and it was a fun filled evening highlighted by our member’s generosity and ongoing support of our Association and our Scholarship Fund. It was the perfect way to kick off the Holiday Season and UCANE would like to thank all of our donors, bidders, and attendees for their ongoing generosity! n

DECEMBER, 2019

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2019

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.

ATS Equipment, Inc. Abby Park Restaurant AirSpade/Guard Air Albanese Bros., Inc. American Equipment & Fabricating Corp.

Aqua Line Utility, Inc. Badger Daylighting Barker Steel/Harris Rebar Barletta Heavy Division A. R. Belli, Inc. Biszko Contracting Corp.

Blue Hill Country Club Blue Man Group The Boston Beer Company Boston Winery Brookmeadow Country Club Dennis K. Burke, Inc. C. C. Construction, Inc. C.J.P. & Sons Const. Co., Inc. C&S Insurance Agency, Inc. Celco Construction Corp.

N. Cibotti, Inc. Charles River Insurance Brokerage CleanBasins, Inc. Core & Main Cullen, Murphy & Co., P.C. Dagle Electrical Const. Corp.

Dale Carnegie Institute D’Allessandro Corp.

J. D’Amico, Inc. DeFelice Corporation The Driscoll Agency EJ Eastern States Ins. Agency, Inc.

DECEMBER, 2019

Eastpoint Lasers, LLC T. L. Edwards, Inc. FED. CORP. Ferguson Waterworks W. L. French Excavating Corp.

GVC Construction Inc. Gagliarducci Construction, Inc. Garrity Asphalt Reclaiming, Inc. Genalco, Inc. Pelino Gioioso Gorilla Hydraulic Breakers I.W. Harding Const. Co., Inc. Hilb New England Hinckley Allen LLP HUB Int’l New England, LLC KJS, Inc. R. Kadesh Excavation, LLC P. J. Keating Company Lazaro Paving Corp.

Lorusso Corporation MacKay Construction Services Inc. McCourt Construction Company McGill Hose & Coupling, Inc. McLaughlin Cheverolet McWane Ductile Methuen Const. Company, Inc. Milton CAT Minuteman Trucks, Inc. Mohegan Sun Casino North American Crane & Rigging Ocean State Oil Robert B. Our Co., Inc. R. M. Pacella, Inc. Palmer Paving Corp.

Pawtucket Hot Mix Asphalt Podgurski Corp.

J. A. Polito & Sons Co., Inc. E. J. Prescott, Inc. H. R. Prescott & Sons, Inc. Prince Lobel Tye LLP Putnam Pipe Corp.

RJV Construction Corp.

Rain for Rent - New England Rapid Flow, Inc./ Vacuum Excavation, Inc. Roadsafe Traffic Systems Rodman Ford Sales, 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. Strega Waterfront Restaurant Sunbelt Rentals Taylor Oil Company Thorny Lea Country Club Travelers Triumph Modular Umbro & Sons Const. Corp.

Vico Ristorante Italiano WES Construction Corp.

Weston & Sampson Engineers, Inc. C. N. Wood Company, Inc. Woodco Machinery, Inc. R. Zoppo Corp.

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DECEMBER, 2019

2020 Scholarship Applications Now Available

UCANE To Award Twelve $2,000 Scholarships WHO IS ELIGIBLE 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, 2020 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.

Applications must be received in the UCANE office no later than April 15, 2020. 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 DECEMBER, 2019

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2019

NBM’s Annual Gala…

A Huge Success!

The Four Points by Sheraton Hotel in Norwood, MA recently hosted over 250 members and guests of the Norfolk-Bristol-Middlesex Highway Association (NBM) for their Annual Gala. The camaraderie, fine food, great music, and dancing made for a memorable evening.

Highlighting the evening was NBM President Marc Valenti’s recognition of three key members of the Association.

T

NBM’s 2019 Public Works Official of the Year Award

he award this year was presented to Rick Stinson, a 27 year NBM member and a past president of the organization. Marc began by saying, “Rick’s career in public works started with Wakefield Gas and Light in 1982 after graduating from UMass. In 1994, Rick accepted an opportunity to work in Danvers and served as DPW Operations Manager there for seven years. But Rick’s heart (and home) was in Wakefield, and in 2001 Rick accepted the role of Wakefield DPW Director and led that fine department until his retirement in May of 2019. It seems that Rick (or was it his wife, Jeanne?) wasn’t particularly thrilled with retirement, so there is no need to congratulate Rick tonight on his retirement because he just told me he accepted the ‘Interim DPW Director’ job in Melrose.”

Marc then listed a litany of achievements that Rick had attained during his career. “Everyone in this room owes Rick a debt of gratitude for his many

P

contributions to improving and promoting our public works industry, not only on the local level, but on the State and National levels as well,” said Valenti.

NBM’s 2019 Vendor of the Year Award

eter Roberts from All States Asphalt was honored as NBM’s 2019 Vendor of the Year. Peter was also a graduate of UMass and began his career in highway construction in 1983. Since going to All States in 1994, Peter has been in the sales division and is a familiar face to scores of municipal customers in both Rhode Island and Massachusetts.

Despite long days on the road assisting Public Works departments in both states with their highway construction and paving needs, Roberts found time to be an active member in multiple Public Works Associations across a wide area. “Most of the people here tonight know Peter from either seeing him at your yard or at NBM meetings…I am honored to present this year’s award to Peter Roberts for his outstanding commitment to NBM and our member communities,” said Valenti.

DECEMBER, 2019

(L-R) Marc Valenti, Rick Stinson, and Tom Collins

(L-R) Marc Valenti, Peter Roberts, and Tom Collins continued on page 64

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63

NBM continued from page 63

NBM 2019 Special Recognition Award

M

arc began by saying, “After a 50 year career in public works – all of it in the Town of Brookline, MA – longtime NBM member Andy Pappastergion has announced his retirement. Starting his career as a co-op student from Northeastern University in 1969, Andy began at the ground level and worked his way up to Commissioner of Public Works through hard work, dedication to his Town, and a great ability to communicate with people.

Andy took over as Water and Sewer Director in 1982 and led the department to new heights including receiving multiple awards over the next 28 years.

He was appointed as Commissioner of Public Works in 2010.”

Marc went on to say that “Andy has been a role model over the years for many of us here tonight.

He is a respected professional in our industry with a proven record of excellence. NBM is proud to recognize Andy for his distinguished and remarkable career and we wish him the very best in his retirement.”

(L-R) Marc Valenti, Andy Pappastergion, and Kevin Johnson Members of the UCANE staff were happy to be in attendance for this wonderful event again this year. Congratulations to the award recipients and we look forward to continuing to work together for our common goals in 2020. n

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12/11/09 3:13:09 PM PM 12/11/09 3:13:09

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Kristin Erickson

Tonry Insurance Group, Inc.

The Corporate Veil has Many Holes and Your Personal Assets are at Risk How can Directors and Officers Liability Insurance Provide Protection?

Historically reserved for larger publicly traded or non-profit organizations, Directors and Officers Liability Insurance (D&O) coverage is often overlooked or intentionally declined by closely held private companies. The decision to waive D&O coverage leaves the personal assets of an organization’s directors, officers, and managers and the personal assets of their spouses exposed. How are they exposed? Every day, managers make decisions that could have adverse financial consequences not just for the organization but for anyone associated with the organization.

“General liability insurance typically insures against losses involving bodily injury or property damage, but does not step in when there has been a failure to act by the company’s directors and officers. When that happens, those who might sue can include anyone having an association with the company – customers, vendors or suppliers, government agencies, competitors, and partners of shareholders.” 1 A scenario right away:

Misrepresentation A company negotiated a large contract with a customer. The contract required the company to have certain financial and human resource assets in place to satisfy production and delivery requirements. The directors misrepresented the company’s revenues and capabilities and after being awarded the contract, the company was unable to meet the terms.

The customer sued (thehartford.com).

Are you thinking any of the following thoughts?

“That won’t happen to us.”

“We’re privately held and financially strong.”

“We don’t make promises that we can’t keep.”

DECEMBER, 2019

These are a few of the common reasons for waiving D&O coverage. Unfortunately, we live in a litigious society and people will sue if they feel they’ve been treated unfairly and can show financial loss as a result. Even if frivolous, the cost of defending a suit can be devastating. With D&O coverage, help is a phone call away.

Most D&O policies provide coverage for legal fees, settlements, and other costs. A typical D&O insurance policy for a privately held business may include three types of coverage: • Side A Coverage – provides coverage for directors, officers, and sometimes employees, if the company cannot indemnify them for lack of financial resources.

• Side B Coverage – provides coverage for the company for directors’, officers’, and employees’ losses when the company does indemnify them.

• Side C Coverage – provides coverage for the corporation in its own right.

Many policies also provide defense expense coverage for losses not ultimately covered by the continued on page 67

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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DECEMBER, 2019

Insurance Perspectives continued from page 65 policy and allegations of fraudulent, criminal or willful conduct. Some extend coverage to spouses or outside directorships of a non-profit organization. Most policies provide an option for duty to defend or reimbursement coverage. Duty to defend expenses can be covered for claims against any insured consisting of a loss that is or is not covered by the policy.

Settlement provisions vary by company and policy.

Some policies waive retention if there is no finding of liability.

Of course, not all D&O policies are the same.

The policy forms vary widely from company to company. Your insurance agent will help you distinguish between various coverage forms and the provisions that are important to you. Some companies offer D&O coverage as part of a Management Liability policy bundled with Employment Practices Liability, Fiduciary Liability, and Crime coverages at a lower cost. The important decision is to consider D&O a required coverage.

More scenarios:

Unfair Competition A construction company bid on a project to redesign and build highway off-ramps. Just after placing the bid, an engineer who contributed to it left for

a competitor. The competitor also bid on the project with the new engineer’s help, and won. The former company accused the engineer of sharing confidential information. The engineer’s former employer issued a cease and desist letter, then sued for tortious interference with prospective business advantage, unfair competition, trade secret violation, and breach of the non-compete agreement. It cost upwards of $1 million in defense and settlement costs to resolve (Travelers).

Breach of Contract A family farm underwent substantial growth in the past 40 years and is now a large regional company.

Two grandchildren of the founder ran the daily operations and are board members. Three other grandchildren are shareholders but not involved in operations.

The family decided to forego annual distributions to shareholders to make capital investments to support continued growth. The three shareholder grandchildren and their spouses sued the board demanding payment of the annual distribution and access to financial records and asserting breach of contract.

This situation cost the farm $400,000 in defense and settlement costs (Travelers).

1 Tony Galban, Senior Vice President, D&O Product Manager, Chubb

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LORUSSO CORPORATION 3 Belcher Street, Plainville, MA 02762 Tel: 508-695-3252 Fax: 508-699-2387 Email: sales@lorussocorp.com QUARRY & RECYCLYNG 40 Cross Street • Plainville, MA 125 Tiffany Street • Attleboro, MA ASPHALT PLANT 635 Pleasant Street Norwood, MA

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DECEMBER, 2019

APCC: Immediate Action Needed For Water Protection

M

ore than two-thirds of the Cape’s coastal waterways and more than a third of its freshwater ponds are suffering from poor water quality, according to the “State of the Waters” report recently released by the Association to Preserve Cape Cod. But they acknowledge that Lower Cape towns have made important strides toward reducing nutrient pollution, and that it will take time for that work to start showing results.

The report used water quality data to grade ponds, coastal waters and embayments, based on specific water quality parameters. Each testing site was graded as having “acceptable” or “unacceptable” water quality, and of the 48 embayments in the survey, 33 had failing grades. They included all of Harwich’s harbors and the Herring River; Muddy Creek, Taylor’s Pond, Sulphur Springs, upper Oyster Pond and Ryder’s Cove in Chatham; and in Orleans, 11 out of 14 stations around Little Pleasant Bay, as well as Mill Pond, Town Cove and Nauset Harbor.

“The report conclusions clearly show the alarming impacts that excessive nutrients from inadequately treated wastewater have had on water resources all across Cape Cod,” APCC Executive Director Andrew Gottleib said. Details of the report are posted at www.CapeCodWaters.org.

“The broad overview is that we have significant loading from nutrients from septic systems, and that as a region, we have not made nearly enough progress on implementing the management measures that are needed,” he said.

Some communities are making headway, however.

“Certainly the town of Chatham’s expansion of the sewer system, and now the work that’s going on to bring parts of Harwich into that system, are important steps that are examples that other towns should be looking at and following,” Gottleib said. “And Or-

DECEMBER, SEPTEMBER,2019 2016

leans has made a lot of progress getting the votes in place and getting the money lined up for its wastewater management plan,” he added.

Frank Messina, a vice president of the Friends of Chatham Waterways, said it’s important to put reports like the APCC’s in perspective.

“It was a bit alarmist in some ways, because they’re trying to make a point,” he said. “And it’s a point well taken.” Many Cape Cod towns are decades behind in wastewater planning, and the technical and political challenges of doing so are formidable.

For 20 years, the Friends of Chatham Waterways’ Water Watchers program has collected the data that formed the basis of Chatham’s Comprehensive Wastewater Management Plan.

“We’ve been working with the town of Chatham doing that water quality testing of all our embayments and Nantucket Sound and Pleasant Bay, and about eight or nine years ago the Friends of Pleasant Bay got involved,” Messina said. “We don’t like to crow about it in Chatham, but we started addressing the problem very early.”

The FCW also now tests water quality in freshwater ponds, following the lead of a group in Orleans, Messina said. continued on page 71

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Spotlight on Cape Cod continued from page 69 “The Orleans Pond Coalition is a good one.

They’ve been doing it awhile,” he said.

With regard to freshwater ponds, the APCC report identifies a need for more water quality monitoring.

“Only 149, or 15 percent, of the 996 ponds on Cape Cod are monitored for water quality,” the report announcement reads. “Of the 149 monitored ponds, over one-third – 58 ponds or 39 percent – had unacceptable water quality scores.”

In Harwich, ponds that received failing scores included Hinckley, Sand, Cornelius and Skinequit ponds; Lovers Lake and Stillwater Pond in Chatham, along with Emery Pond, Mill Pond and Black pond; and in Orleans, Cedar, Boland and Uncle Harvey’s ponds, as well as a half-dozen other small ponds in South Orleans.

Though the dynamics of nutrient pollution in freshwater ponds is slightly different than in salt water embayments, the underlying causes are the same. Of all the sources of harmful nutrients, residential septic systems are at the top of the list. Expanding sewer systems allows wastewater to be treated in a way that removes the nutrients, not just the bacteria handled by regular Title V septic systems. Nitrogen reaches waterways and ponds via slow-moving groundwater, which means that pollution can continue for years af-

ter the source is eliminated.

“It moves very slowly,” Messina said. “It takes a long time. And we don’t see any dramatic improvements, but there’s no question we will see improvement by virtue of the fact that there’s less nitrogen going into the ground.”

That delay is all the more reason for towns to step up their wastewater planning efforts, Gottleib said.

“The reality is this: from the time that the town makes a decision and allocates the money to the construction, and then the actual activation of these systems can be lengthy,” he said. Though cleaning the groundwater takes time, “you’re never going to get there unless you take the first step.”

The APCC report contained some good news: it also assessed the quality of all of the public water supplies on Cape Cod. The 20 public water supplies all received a grade of “excellent,” based on their compliance with current drinking water standards.

“However, contaminants of emerging concern, such as PFAS, endocrine-disrupting compounds, pharmaceuticals and microplastics, are not monitored for most public water systems and drinking water, as standards for these contaminants have not been established,” the report announcement reads.

Reprinted from the Cape Cod Chronicle. n

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DECEMBER, 2019

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

-PLANT LOCATIONSQUINN-PERKINS S & G CO. Burlington (781) 272-0200 PANDOLF-PERKINS CO. Sterling (978) 422-8812 • (800) 339-3389 KANE-PERKINS CO. Hudson (978) 562-3436 • (800) 287-3436 GRAVEL • SAND • STONE FILL AND LOAM BITUMINOUS CONCRETE (PAVING) READY-MIX CONCRETE PRECAST CONCRETE PRODUCTS

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Equal Opportunity/Affirmative Action Employer 72

Advertisers’ Index ATS Equipment, Inc. .............................................................22 American Shoring, Inc........................................ Ins. Back Cvr. Aon Construction Services Group.........................................56 B2W Software, Inc.................................................................52 BakerCorp..............................................................................71 Benevento Companies..........................................................34 Boro Sand & Stone Corp.......................................................70 Brennan Consulting...............................................................62 Dennis K. Burke, Inc..............................................................46 C&S Insurance Agency..........................................................20 Centinel Financial Group, LLC...............................................52 Concrete Systems, Inc...........................................................44 Core & Main.............................................................................4 Dagle Electrical Construction Corp.......................................32 Darmody, Merlino & Co., LLP................................................43 Dedham Recycled Gravel......................................................66 DeSanctis Insurance Agency, Inc. ........................................15 Dig Safe System, Inc.............................................................29 The Driscoll Agency...............................................................33 Eastern Insurance Group, LLC..............................................30 Eastern States Insurance Agency, Inc..................................64 Eastpoint Lasers, LLC.................................................. 19 & 25 T. L. Edwards, Inc..................................................................31 Equify Financial.......................................................................6 Ferguson Waterworks............................................................18 Gorilla Hydraulic Breakers.....................................................21 L. Guerini Group, Inc..............................................................19 Hinckley Allen LLP.................................................................24 John Hoadley & Sons, Inc.....................................................51 Hydrograss Technologies Inc................................................50 Industrial Safety & Rescue....................................................62 JESCO...................................................................................67 P. A. Landers, Inc...................................................................42 Lawrence-Lynch Corp............................................................ 11 Lorusso Corp.........................................................................68 Lorusso Heavy Equipment, LLC............................................10 MJ-Hammer.............................................................................8 Mass Broken Stone Company...............................................21 Milton CAT...............................................................Back Cover Minuteman Trucks, Inc...........................................................21 NSI Contracting .....................................................................66 National Trench Safety..........................................................13 Norfolk Power Equipment, Inc...............................................46 North American Crane & Rigging LLC....................................2 North East Shoring Equipment, LLC.....................................68 Northland JCB........................................................................37 Ocean State Oil......................................................................58 Palmer Paving Corp...............................................................58 Pawtucket Hot Mix Asphalt......................................................9 E. H. Perkins Construction Co., Inc.......................................72 Podgurski Corp......................................................................62 E. J. Prescott, Inc................................................Ins. Front Cvr. Putnam Pipe Corporation......................................................70 Rain For Rent-New England..................................................16 Read Custom Soils................................................................56 Ritchie Bros. Auctioneers...................................................... 17 Schmidt Equipment, Inc...........................................................1 Scituate Concrete Products Corp.......................................... 14 Scrap-It, Inc............................................................................ 41 Shea Concrete Products, Inc. ...............................................36 SITECH New England............................................................48 Starkweather & Shepley Ins. Brokerage, Inc........................12 Sunbelt Rentals......................................................................26 Tonry Insurance Group, Inc...................................................70 United Concrete Products.....................................................53 United Rentals Trench Safety................................................38 Webster One Source.............................................................56 C. N. Wood Co., Inc. .............................................................40 Woodco Machinery, Inc.........................................................28 Xylem, Inc...............................................................................27

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2019

• We can provide you with the world’s largest or smallest trench box or shoring system • Get high production numbers while keeping your workers safe • We will show you how with our on-site supervision.

• Contact us for the world’s very best shoring

SALES RENTALS SERVICE REPAIRS TRADE-INS RECERTIFICATION

• We will deliver on time, every time.

We’ll bring it with our fleet of trucks; where you want it, E when you want it, EVERYTIM • We have been told by our customers that “no one beats our service” So don’t take our word for it, just ask the people who use our product

See Our Entire Line Call for Catalogs

Factory & Corporate Office: 207 LAKE STREET (Route 32) NEWBURGH, NY, 12550

1.845.562.4477

Call us for local Metropolitan New York, New Jersey and Connecticut Inquiries.

Factory Direct Stores: For New England: Maine, Vermont, New Hampshire and Western NY State

Call our Boston area location: 283 E Cherry Street Shrewsbury, MA 01545

1.508.842.2822

For the Mid- Atlantic Region: Eastern Pa, So. Jersey, Delaware, Maryland and Virginia

Slide System with Portable Safety Rail Installed

Call our Baltimore area location: 506 Pulaski Highway Joppa, MD 21085

1.443.313.3461

Or Phone us Toll Free from anywhere:

1-800-407-4674

Wheel Loaders (910-938)

Dozers (D5 and smaller)

Telehandlers

Backhoe Loaders

GROW YOUR BUSINESS WITH THE QUALITY YOU EXPECT OF A CAT® MACHINE AND THE UNMATCHED SUPPORT FROM MILTON CAT. GET IN ON THE SAVINGS TODAY. LET’S DO THE WORK.

™

Call your sales representative or nearest location.

Milford, MA 100 Quarry Drive (508) 634-3400

North Reading, MA 84 Concord Street (978) 276-2400

Scarborough, ME 16 Pleasant Hill Road (207) 883-9586

Londonderry, NH 30 Industrial Drive (603) 665-4500

miltoncat.com

Financing offers valid from October 1, 2019 to January 31, 2020. Financing, zero down and published rate terms are subject to credit approval through Cat Financial for customers who qualify. Buyers are not guaranteed to qualify. Higher rates may apply for buyers with lower credit rating or qualifications. Flexible payment terms available to those who qualify. Offer subject to machine availability. Offer may change without prior notice and additional terms and conditions may apply.