Construction Outlook July 2021

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JULY | 2021 CONSTRUCTION

Longtime UCANE Member Completes $20M MWRA Water Project in Their “Hometown”

UCANE Interview :

Representative Josh S. Cutler

RJV Installing 36” Water Transmission Main for the MWRA under MBTA Commuter Rail Tracks in Dedham


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Years of Excellence 1954-2021

OFFICERS President MARCELLA ALBANESE Albanese Bros., Inc.

President-Elect RYAN McCOURT

McCourt Construction Company

Treasurer BRIAN COONEY

C. C.Construction Inc.

Secretary CHRIS VALENTI

GVC Construction, Inc.

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

NICK BIELLO

J. D’Amico, Inc.

MIKE BISZKO, III

Biszko Contracting Corp.

ANDREW DANIELS J. Derenzo Co.

GEORGE DeFELICE

DeFelice Corporation

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

JOE GIOIOSO

P. Gioioso & Sons, Inc.

DAN HORGAN

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

LISA FRENCH KELLEY

W. L. French Excavating Corp.

BILL LEONARD

Aqua Line Utility, Inc.

JOHN OUR

Robert B. Our Co., Inc.

QUERINO PACELLA

RJV Construction Corp.

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

BRIAN RAWSTON

Jay Cashman, Inc.

FRED ROGERS

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

ERIK SVEDEN

C. N. Wood Company, Inc.

JORDAN TIRONE

DeSanctis Insurance Agency, Inc.

DAVID WALSH

Pawtucket Hot Mix Asphalt

JEFF MAHONEY

Executive Director

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IN THIS ISSUE

5 President’s Message:

Safety is Always the Priority

7 Legislative Update:

• Conference Committee on FY22 Budget Hears Concerns About a Potential Reduction in Clean Water Trust’s Contract Assistance Line-Item • Baker-Polito Administration Files Plan to Invest Federal COVID-19 Funding • MassDEP Commemorates National Drinking Water Week by Recognizing Public Water Systems • City of Lowell Seeks Public Input on the Use of American Rescue Plan Funding

21 UCANE Interview:

Representative Josh S. Cutler, (D-Pembroke)

25 UCANE’s First Annual Cornhole Tournament 27 Legal Corner:

Recent Bid Protest Decisions: Failure to Disclose Litigation

29 Public Works Pipeline:

An Interview with Kevin Johnson, Director of Highways, Sanitation, and Fleet Services, Town of Brookline

33 Insurance Perspective:

Protect Your Company with a Strong Cyber Liability Program

37 Save the Date: UCANE’s 9th Annual Trade Show 38 RJV Construction Corp: Longtime UCANE Member Completes $20M MWRA Water Project in Their “Hometown” 47 Deer Island Dedication in Honor of Charles Button 49 Under the Hard Hat with UCANE’s Officers and Board Members: Jordan Tirone, DeSanctis Insurance Agency, Inc.

55 Construction Safety & Compliance:

An Interview with Erik Haruch, Vice President of Environmental Health, Safety, and Quality, Jay Cashman, Inc.

59 Safety Corner:

Know Your Soil Types

62 Massachusetts Highway Association Golf Tournament 63 5 Steps to Prevent Trench Collapses 69 Technology in Construction:

Monthly Job Review Meetings - A Critical Construction Business Practice

71 UCANE’’s Updated Employee Safety Manuals Now Available Editor: Jeff Mahoney, Senior Editor: Anne Klayman, Associate Editor Suzanne Hatch, Magazine Designer/Assistant Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan Construction Outlook Chair: Marcella Albanese Editorial Board: Marcella Albanese, Ryan McCourt, Brian Cooney, & Chris Valenti CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; Email: jmahoney@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Brockton, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.



Safety is Always the Priority It is the time of year when jobsites are buzzing and UCANE members are working hard to complete their projects. Thus far, we are experiencing a much more “normal” summer, and residents are able to enjoy the offerings of clean beaches, lakes, ponds, and other waterways because of the vital work that UCANE members perform. And while UCANE members strive to finish these critical jobs on time and under budget, our primary goal is to make sure that at the end of the day, every worker makes it home safe.

C

onstruction of any kind contains inherent risk. There is no way to avoid this, especially in our industry, with excavation and trench work part of our everyday routine. What we CAN avoid is unnecessary risk. Safety should not just be about following the rules, it should be a part of the culture of the company, and it must start at the top. When UCANE member employees see that the company is investing in and promoting safety, they in turn will treat it just as seriously, resulting in more productive and safe jobsites. The goal should not just be accident reduction, but zero accidents. During the pandemic, the UCANE Safety Committee came together to produce a model Covid-19 Safety Plan and our members proved that they could continue to work safely throughout the crisis. I am extremely proud of that accomplishment, but not necessarily surprised, as our members have continually attended the safety classes that UCANE has offered on Confined Space, Competent Person, OSHA Regulations, Asbestos Removal, and various other topics. In June, UCANE members once again participated in the National Trench Safety Stand Down Week. This is an OSHA endorsed effort in JULY, 2021

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. We once again set the standard for our industry nationwide, and since its inception in 2018, UCANE has had close to 8,000 employees participate in Stand Down activities. Peter Barletta, from the Region 1 OSHA office continues to meet with UCANE Safety Committee Members on a regular basis in order to update them on the latest OSHA activity, and in particular OSHA’s Trench Emphasis Program. We also continue to update members on other safety related topics, as well as DPU citations, revisions to Dig Safe Regulations, and the latest information on drug and alcohol testing policies.

Job safety isn’t only the right thing to do, it’s smart business. The end result is that the safer jobsites are, the healthier and stronger your company will be overall. The motto is not simply “safety first,” but also “safety always,” so that all of us may be able to enjoy what is shaping up to be a beautiful summer with our families and friends. n

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Mark Molloy, Esq., Cascade Strategies LLC

Conference Committee on FY22 Budget Hears Concerns About a Potential Reduction in Clean Water Trust’s Contract Assistance Line-Item

T

he end of June did not see the Massachusetts legislature unveil a new 12-month budget for fiscal year 2022. However, since the Massachusetts budget cycle is flexible enough to allow for such occurrences, the Conference Committee on the fiscal year 2022 budget has had more time to consider a number of opposing policy and appropriations matters. One particular matter up for negotiation is the appropriation for the Clean Water Trust’s (CWT’s) contract assistance lineitem (1599-0093). The line-item, which provides the CWT with funding to address debt service, provides an indicator of sorts for the Commonwealth’s efforts to tackle its $18 billion to $21 billion water infrastructure gap. After the final Senate FY22 budget funded the contract assistance line-item at slightly over the $39 million, a number of concerned organizations began advocating for it, including the House’s FY22 appropriation, $63.8 million, within the final Conference Committee report. The American Council of Engineering Companies of Massachusetts (ACECMA), Massachusetts Water Works Association (MWWA), Massachusetts Water Environment Association (MWEA), Massachusetts Coalition for Water Resources Stewardship (MCWRS), the Massachusetts Municipal Association (MMA), and UCANE all weighed in with the Conference Committee in a joint letter. The letter, which was sent to both House and Senate leadership, as well as the conferees, urged the Massachusetts legislature to level fund the lineitem. In particular, the six organizations wrote: Level funding ($63,383,680) this vitally important line-item will help address the Commonwealth’s JULY, 2021

water infrastructure financing needs at a time when our municipalities and regional water utilities face unprecedented challenges including, but not limited to, nitrogen and phosphorus removal, per-and polyfluoroalkyl substances (PFAS) remediation, addressing lead in drinking water, reducing combined sewer overflows, and stormwater management. As you know, the Commonwealth and its municipalities have a $18 billion to $21 billion funding gap in meeting their drinking and wastewater infrastructure needs. This not only presents significant public health and environmental concerns, but directly impacts the Commonwealth’s ability to create meaningful economic development opportunities. In recent years, the Massachusetts legislature has given the Clean Water Trust greater authority to assist municipalities and regional water authorities with nitrogen, lead, and PFAS. In turn, the Clean Water Trust uses the contract assistance line-item to assist municipalities and regional water utilities in meeting their increasing water infrastructure needs. Without level funding for the contract assistance line-item, the Clean Water Trust will not be able to provide the additional financial support necessary to incentivize our municipalities and regional water authorities to address critical maintenance needs, develop long term plans, and address required regulatory obligations. The contract assistance does not directly fund projects; it serves the critical role of meeting the difference between borrower repayments and amounts owed on debt service. Levelfunding the contract assistance line-item would allow the Clean Water Trust to provide 0% loans and other incentives to encourage municipalities and regional continued on page 9

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Legislative Update continued from page 7 water authorities to address their water infrastructure more affordably. A well-maintained water infrastructure system is key to maintaining economic growth and creating new jobs. To this end, the future of the Commonwealth’s water infrastructure depends on increasing, not reducing, our investment in drinking water, wastewater, and stormwater systems. Returning the funding for the contract assistance line-item to an amount last seen in FY02 is a step backwards. Accordingly, we respectfully request that the Conference Committee appropriate level-funding ($63,383,680) for line-item 1599-0093 to ensure that we continue to move forward. The Massachusetts Legislature passed an interim FY22 budget to cover the first month of the new budget year. In addition to reconciling the CWT contract assistance line-item, the Massachusetts legislature must negotiate differences in each branch’s approach to the film tax credit, additional fees for transportation network companies, the triaging and transport of severe stroke patients, and funding municipal priorities, among other issues. continued on page 11

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Legislative Update continued from page 9

Baker-Polito Administration Files Plan to Invest Federal COVID-19 Funding

A

fter being rebuffed in his effort to create and unilaterally implement a capital plan for the Commonwealth’s share of the American Rescue Plan Act (ARPA), Governor Charlie Baker filed legislation to codify his plan for the allocation of $2.9 billion in federal stimulus funds towards the end of June. In filing his legislation, the Governor asked the legislature to quickly pass his $2.9 billion plan in an effort to jump-start the Commonwealth’s economic recovery and support residents hardest-hit by COVID-19, such as lower-wage workers and communities of color. The move comes after the Massachusetts legislature rushed through legislation that mandated any ARPA funds received by the Commonwealth be placed in a separate account subject to appropriation by the legislature. The Baker-Polito Administration’s $2.915 billion plan is part of a total of approximately $5.3 billion in direct aid to the Commonwealth from ARPA. According to a press release from the Governor’s Office, the ARPA funds are discretionary funds and

are intended to support urgent COVID-19 response efforts, replace lost revenue, support immediate economic stabilization for households and businesses, and address unequal public health and economic challenges in Massachusetts cities and towns throughout the pandemic. ARPA is also providing a total of $3.4 billion in direct aid for municipalities throughout Massachusetts, as well as substantial funding for key priorities including a total of $1.1 billion for transit. Highlights of the Governor’s legislation include: •

$400 million to fund grants for water and sewer infrastructure;

$300 million to improve culverts, dams, and other environmental infrastructure;

$300 million to support expanded homeownership opportunities, focused on first-time homebuyers who are residents of disproportionately impacted municipalities; continued on page 13

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Legislative Update continued from page 11 •

$200 million to support housing production through MassHousing’s CommonWealth Builder Program, and similar efforts, which aim to help communities of color build wealth by promoting home ownership among residents of disproportionately impacted municipalities; $300 million to finance the statewide production of senior and veteran housing. These new housing options would contain a supportive services component, and would be combined with other resources including Low-Income Housing Tax Credits, rental payments, and, in the case of veteran housing, VA health care. $100 million for Downtown Development to concentrate economic growth activities, resources, and investments within local neighborhood areas in municipalities disproportionally impacted by COVID; $250 million to support investments and regional collaboration aimed at invigorating downtowns throughout Massachusetts. These resources would provide grant funds to municipalities and other eligible public entities for a range of projects; $240 million to fund a suite of job training pro-

grams and address skills gaps, to better position residents who want to be hired into jobs that businesses need filled. Areas of investment include: • $150 million for workforce credentials for entry and mid-level wages; • $175 million for addiction treatment and related behavioral health services; • $100 million to enhance and modernize state park facilities; • $100 million to close the digital divide and increase broadband internet access, helping to promote workforce development and economic growth; • $100 million for marine port development. The Massachusetts House of Representatives is planning a series of public hearings throughout the Commonwealth to determine potential uses of the ARPA discretionary funding. For its part, the Massachusetts Senate also plans to receive testimony on potential uses of the ARPA funds in the coming months. To review the Governor’s proposed legislation, please visit: https://malegislature.gov/Bills/192/ HD4306. continued on page 15

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Legislative Update continued from page 13

MassDEP Commemorates National Drinking Water Week by Recognizing Public Water Systems

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ccording to a press release from the Massachusetts Department of Environmental Protection (MassDEP), the agency recognized 119 public water systems across the Commonwealth with awards of commendation for their noteworthy public service delivered during 2020. The criteria the MassDEP uses include excellent water service to the public; no violations or non-compliance issues; and efforts that support public water supply services, such as source-water protection, water quality, and conservation. MassDEP works with drinking water utilities to make sure that the water delivered to consumers meets all federal and state standards and is clean and abundant, and each of the systems recognized have complete compliance with the regulations for calendar year 2020. For more than 30 years, during National Drinking Water Week, MassDEP recognizes and awards certain exemplary systems that have reached meritorious service for their work during the previous calendar year.

While numerous water systems were recognized for their work for water quality and compliance, three other categories included energy conservation, water conservation, as well as commendations for certain individual drinking water operators. Of note: Energy Conservation: Dartmouth Water Division. The Town of Dartmouth performed comprehensive pumping system upgrades to municipal drinking water wells A, B, C and D. This project utilized the Massachusetts’ Gap Energy Grant and electric utility programs to install variable frequency drives and premium energy-efficient motors and to rebuild four pumps. These upgrades significantly increased their overall pumping efficiency, while saving the town more than $68,000 and 375,000 kilowatt-hours of electricity per year. Shrewsbury Water Department. Utilizing another Massachusetts Gap Energy Grant, the town installed continued on page 17

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Legislative Update continued from page 15 a municipally owned 59 kilowatt (kW), ground-mounted solar photovoltaic system at the Home Farm Water Treatment Plant. As a result, the town is generating more than 75,000 kilowatt-hours of clean renewable electricity per year to power the water pumps and associated equipment to serve the water needs of the community. The town achieved a 2.5-year project payback. Wareham Fire District. Finally, utilizing yet another Massachusetts Gap Energy Grant, the district installed a municipally owned 81 kilowatt (kW) solar system on the roof of the new Maple Springs Water Purification Plant. As a result, the district is saving more than $16,000 and generating over 95,000 kilowatt-hours of clean renewable electricity per year. This solar installation is providing approximately 10 percent of the total annual electricity needs for the water treatment plant. Water Conservation: The Chelmsford, Cohasset, Groton, and Hamilton Water Departments met the compliance standards of 65 residential gallons per-capita per-day of water use, along with the 10 percent unaccountedfor water usage system-wide (leaks/flushing) for the most-recent applicable year, and implemented the minimum, mandatory water use restrictions in 2019. All have websites showing conservation-related in-

formation and while not required, all used less water than the previous year. Board of Certification of Drinking Water Operators: The MassDEP recognized the Board of Certification of Drinking Water Facilities and its current six members: David Coppes, Blake Lukis, Andy Reid, William Salomaa, Ruth Alfasso, Michael Maynard, and Board Member Emeritus Michael Celona for their dedicated service to the Drinking Water Operator profession. During the past year, the Board issued 17 Temporary Emergency Certifications and approved 119 training classes, including 94 online sessions to address the changing environment during these challenging times. Specifically, the MassDEP recognized Department of Conservation and Recreation (DCR) representative William ‘Bill’ Salomaa, who provided 32 years (1989 to present) of dedicated service and Mike Celona, representing the Department of Public Health from 2003-19. Both were involved with launching initiatives to improve the competency of operators, including the implementation of required training courses and sequential exams. For more information on public drinking water systems in Massachusetts, please visit: https://www. mass.gov/topics/drinking-water. continued on page 19

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Legislative Update continued from page 17

City of Lowell Seeks Public Input on the Use of American Rescue Plan Funding

T

he City of Lowell is seeking input from members of the community on the use of federal funding that the City will receive under the ARPA. Lowell residents, business, and community organizations are encouraged to review information on eligible uses of the funding and submit proposals to the City by completing an online form available at: www.lowellma.gov/ARPAfunding. Nationally, ARPA provided $350 billion in emergency funding to state, local, territorial, and tribal governments to respond to and recover from the COVID-19 crisis. It is anticipated that the City of Lowell will receive $75.9 million in funding from ARPA, comprised of $54.4 million that the City is entitled to as a “metropolitan city” and an additional $21.5 million that will be received through the formula-based distribution of funding issued to Middlesex County given its non-functioning status. ARPA funding must be encumbered by the City by December 31, 2024, but can be spent through the end of 2026. According to guidance issued by the U.S. Department of the Treasury, eligible uses of funding by a municipality include:

Public health expenditures, including COVID-19 mitigation efforts; such as vaccination and testing programs, support for exacerbated behavioral health needs, and payroll for public health and safety personnel; • Addressing negative economic impacts caused by the COVID-19 crisis; including providing assistance to families facing financial insecurity, supporting small businesses, accelerating the recovery of local tourism and rehiring public sector staff; • Replacement of lost public sector revenue; and, • Investments in water, sewer, and broadband infrastructure. Proposals submitted through the public input process will be considered by the City’s administration in the development of a multi-year spending plan for ARPA funds. The City will host a virtual public meeting later this summer to discuss suggestions and to provide more information on plans for distribution of the funding. n

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Representative Josh S. Cutler (D-Pembroke) Chairperson, Joint Committee on Labor and Workforce Development

Representative Josh S. Cutler is a Pembroke resident and South Shore native who serves as the House Chair of the Joint Committee on Labor and Workforce Development. Before serving in the Legislature, Representative Cutler managed a family newspaper and printing business. He got his start in politics at the local level, serving on the Planning Board and the Board of Selectmen. He is a graduate of Suffolk Law School and has a Master’s Degree in Environmental Policy from UMass Dartmouth. When he’s attending of his son’s basketball games or his daughter’s dance recitals, he enjoys history, photography, and hiking. He is also a member of the National Writers Union (NWU) Local 1981 and a published author.

Q: A:

Please give our readers some insight into your background and how you got involved in state government.

Before serving in the Legislature, I ran a small business for over a decade. It was a business started by my grandparents on their dining room table some 70 years ago, and I was proud to carry on that family tradition. I think having that background of running a small business is helpful in my role as a legislator and gives me a good perspective on the issues we face. I have always enjoyed politics and probably date my interest to my parents. My dad was a Republican and my mom is a Democrat and they were both active in their own ways teaching me the value of public service.

Q:

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

A: JULY, 2021

Access to clean and plentiful water resources is something we often take for granted living here in Massachusetts. Past history and the

experiences of other states show us we can’t do that. As a business person, my approach was to invest in capital projects and find the savings in operational expenses. The same approach applies here. Last term I was proud to lead the passage of the Energy SAVE Act to update our state energy efficiency standards for common appliances. The cheapest and greenest kind of energy is the energy we don’t use in the first place, and the same principle applies to water. We need to invest those savings into our water and utility infrastructure.

Q: A:

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

Transportation and workforce development are both major issues for my district and much of the state. Expanding and improving public transportation options, which in my region primarily means commuter rail, ferry, and regional bus service, go hand in hand with roadway improvements and infrastructure upgrades. In terms of workforce development, the biggest issue I hear from local businesses is that they can’t find enough qualified workers. That was continued on page 23

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Interview continued from page 21 a concern pre-pandemic and remains so now. There are many middle skills jobs with good wages and benefits and we need to make sure our state has the workforce to support them.

Q:

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

A:

As a former town official myself, I appreciate the challenges our municipal leaders face. I like to say that local government is truly where the rubber hits the road. We owe a lot to the dedicated folks who work in our town halls, schools and DPW barns, and who serve on our town boards. First and foremost, I think that prioritizing Local Aid, Chapter 90 and education funding are critical to supporting local services. Fortunately, we’ve been able to do that for the most part this year, despite the pandemic. Now as we focus on the recovery, I think it is an opportune time to really put a focus, and hopefully more resources, toward local infrastructure.

Q:

Could you please tell us what some of your priorities are for the upcoming session?

A:

As the Chair of the Labor and Workforce Development Committee, I’m naturally focused on issues impacting our workforce. I like to say that here in Massachusetts we succeed not because we have the greatest weather, vast oil reserves, or other abundant natural resources, but because of our skilled workforce. That’s what draws employers to our state. As industry needs change, and the role of work itself changes, we need to make sure that we’re preparing our workers for the jobs that employers need today, and also tomorrow. I am pleased this term to also be serving as House Chair of a new initiative on the Future of Work. This Commission, comprised of labor and business leaders from a diverse array of stakeholders, will be taking a deep dive on these issues and developing some recommendations to help us move ahead as a Commonwealth. n

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Recent Bid Protest Decisions: Failure to Disclose Litigation The Bid Unit of the Massachusetts Office of the Attorney General (Bid Unit) and the Massachusetts Superior Court both recently issued decisions addressing a bidder’s failure to disclose litigation in its bid. Although both cases involved omissions in DCAMM Update Statements submitted with bids for school building construction projects, there remain important takeaways for public works contractors on projects subject to M.G.L. c. 30, § 39M.

T

he cases involved the same apparent-low bidder in connection with two different projects for different awarding authorities. Under the statute applicable to public building projects, the bidders were required to submit their DCAMM Update Statements with their bids. Among other things, the DCAMM Update Statements required the bidders to disclose certain recent judicial and administrative proceedings relating to “the procurement or performance of any construction contract, including but not limited to actions to obtain payment brought by subcontractors, suppliers or others.” The apparent-low bidder admittedly failed to disclose one lawsuit (a $17,000.00 action involving a subcontractor) and allegedly failed to disclose others. The awarding authorities rejected the apparent-low bidder for its failure to disclose litigation and bid protests ensued. The Bid Unit and the Superior Court both upheld the awarding authorities’ rejection due to this “material” omission. The Bid Unit concluded that the “omission of a single lawsuit from an Update Statement is grounds for rejecting a bidder.” The fact that the lawsuit in question arguably involved “an insignifiJULY, 2021

cant amount of money ($17,000.00)” did not change the Bid Unit’s view. Similarly, the Superior Court stated that the “material omission of even one case was sufficient reason for [the awarding authority], in its discretion, to deem [the apparent-low bidder] an ineligible bidder and thus deny awarding it the [contract].” For those members who bid on Chapter 149 projects, these decisions make clear that a failure to make proper disclosures in DCAMM Update Statements can be fatal. Regardless, these decisions underscore the general need for bidders – even on public works projects – to provide complete, accurate, and responsive information and disclosures with their bids. A bidder’s failure to include even a single piece of required information deemed material to an awarding authority’s determination of bidder responsibility can lead to rejection. This is because awarding authorities enjoy discretion when it comes to bidder responsibility determinations. The Bid Unit and the courts are reluctant to disturb a discretionary decision of an awarding authority where the awarding authority does not act arbitrarily, unreasonably, or illegally. n

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An Interview with Kevin Johnson Director of Highways, Sanitation, and Fleet Services Town of Brookline, MA Can you provide us some insight into your background, education, and history that led you into your current position? When I graduated from high school I wanted to get into the workforce right away. I was always attracted to construction work and my first full time job opportunity was with the R. J. Cincotta Company, a site contractor (and former UCANE member) from Waltham. I did just about anything that they needed me to do and within a few years I was promoted to project manager. We were doing a lot of large site jobs and also MassDOT work. I learned a lot about civil construction from a great Cincotta Superintendent named Dennis O’Brien and at the same time I was taking Civil Engineering night classes at Northeastern University. I was with Cincotta for seven years and spent another five years managing projects for Roads Corporation before getting into the public sector with the Town of Brookline in 1998. I started out in the Engineering & Transportation Division where I was issuing construction permits and inspecting all kinds of infrastructure projects that outside contractors were building for the Town. In 2004, I got an opportunity to be the Operations Manager for the Highway & Sanitation Division. From there I was moved up to Director of the Highway, Sanitation, and Fleet Services Division in 2009. I’ve been with Brookline for 23 years and it has been a great fit for me and a rewarding experience. I was very fortunate to work almost my entire career under DPW “legends” Tom DeMeo and Andy Pappasturgeon and now a new chapter with Erin Galintine, who was appointed as Director in 2019. They were demanding managers but always fair and they taught me something new about public works every day. Can you give us a brief description of Brookline in regards to make-up of the Highway Division, population, and the infrastructure assets that your Department is responsible for maintaining? JULY, 2021

As Brookline’s Director of Highways, Sanitation, and Fleet, myself and my staff of 66 are responsible for maintaining 99 centerline miles of roadway, 140 plus miles of sidewalks, 3,600 streetlights, 80 traffic signal intersections, hundreds of miles of pavement markings, and 1,200 plus street signs. The Highway Department is also responsible for the snow plowing and removal operations throughout the Town. We do about 45 miles of sidewalks and we can provide as many as 88 snow plowing vehicles to supplement our outside contractor fleets during large storms. With many heavily traveled roadways in Brookline, these snow and ice operations can be quite demanding. On the sanitation side, our Department oversees the Solid Waste Recycling Program and our five town trash trucks do the solid waste pick-up at 1,325 homes and another 70 commercial sites throughout town. Fleet operations is also under my watch and on any given day we have 8-12 mechanics working full time to maintain all Town vehicles (except for the Fire Department). The fleet consists of over 350 vehicles ranging from heavy equipment, sweepers, and dump trucks, to pickups and cars. continued on page 31

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Public Works Pipeline continued from page 29 Our crews take care of compressors, pumps, and anything that has a small engine in it. What do you currently see as the most pressing infrastructure needs for the Brookline Highway Department in the next few years, and is there a 5-year Asset Management Plan in place to address those needs? Brookline Public Works uses an Asset Management Plan to predict future needs. Each Department head works closely with the Director and the Engineering Division annually to develop priority lists of construction projects and also vehicle replacements. Depending on the severity of our winters, roadway and sidewalk repairs/upgrades are generally the most pressing issue for my Department. How does your municipality normally fund infrastructure projects that your Department performs or contracts out? What would be a typical annual budget for your Division? Our Division does a lot of work with our own forces and equipment. Brookline DPW received national accreditation from the American Public Works Association a few years ago for some of our successful programs and policies. Major road reconstruction

projects, new traffic signals, and large curb and sidewalk projects are put out to public bid. A typical capital improvement budget (not including vehicles ) for my Department might range from $2 million to $4 million with about 75% of that amount being put out to bid. There are occasional surprises thrown at us, like five years ago when the Town decided to replace all 3,600 street lights with energy saving LED fixtures, which our Department performed in-house with our employees. Congratulations on your recent election as First Vice President of the Norfolk/Bristol/Middlesex Highway Association (NBM). Can you tell us what your role is at NBM and how membership benefits yourself and the Town of Brookline? My current role this year is to backup current President John Sanchez (Burlington DPW Director) who was recently elected. I am also working on a couple of committees. We have a solid leadership team at NBM and with COVID-19 under control we hope to be resuming in-person meetings. I’ve been attending NBM meetings for more than eight years. The exchange of information between public works officials benefits all of us. I’ve learned how to avoid certain problems after hearing stories from others. Conversely, I’ve learned about some obscure funding opportunities that our town was able to take advantage of. n

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Protect Your Company with a Strong Cyber Liability Program We are constantly hearing about Cyber and Ransomware attacks in the news. The Wall Street Journal’s headline on May 12, 2021 was “Ransomware Attacks Are Up, Spawning Widespread Harm.” Recent examples include the Chinese hack on Microsoft’s Exchange Servers in March and the DarkSide hack of Colonial Pipeline earlier this week. It is important to note, although most of what we hear about are attacks on large corporations and government entities; these same attacks are occurring in small to mid-size businesses. These attacks are not large enough or disruptive enough to society to make the front page of The Wall Street Journal, but they can be devastating for businesses.

So why are small to mid-size businesses good targets? •

More and more small businesses are operating remotely. With little control on remote infrastructure, businesses need to invest more time and money in strengthening their online exposure to hackers. Most are lacking the back office support to do so, which creates vulnerabilities that can be exploited. • Smaller companies can provide access to larger entities. These larger entities have data that is more valuable to hackers. • The pandemic has caused businesses to reinvent the way they conduct business. For example, restaurants and fitness instructors had to increase their online presence through online advertising, marketing, and email campaigns. To go ordering, online payments, online appointment booking, and virtual meetings all increased. In most cases, the roll out was quick and did not involve a full cyber security analysis. A 2021 report by PunkPanda found that businesses lost at least $114 billion annually from data breaches, with approximately 25% of these breaches JULY, 2021

occurring due to negligence. With more SMBs (small midsize businesses) going online to connect with customers or manage remote workflows, these risks are only bound to grow. (Forbes Article 3/22/2021) Along with the increased ransomware activity, cyber criminals continue their “profitable” business through phishing/social engineering campaigns. This is a perfect example of “social engineering fraud.” Business email compromises are a form of social engineering fraud, whereby attackers impersonate a CEO or executive authorized to conduct wire transfers and induce employees to transfer money to a fake clicontinued on page 35

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Insurance Perspective continued from page 33 ent account. The COVID-19 pandemic has led to an increase in cyber-related crime as fraudsters use social engineering techniques to exploit systems and procedures made more vulnerable by remote working, they say. (Business Insurance February 16, 2021)

Even Social Engineering fraud has evolved in the past few years. The next example highlights “Reverse Social Engineering.”

vulnerabilities, then talk about them with your Insurance professional. A good Cyber Liability program will include such coverages as: • Network Security and Privacy Liability • Funds Transfer Fraud • Regulatory Coverage • Payment Card Industry (PCI) Fines and Penalties • Data Recovery • Breach Costs • Media Liability coverage • Notification Costs • Computer Fraud • Boston Data Recovery Costs Area • Locations Social/Reverse Social Engineering Fraud n

Company A (a seafood distributor) has secured a Cyber Privacy Liability policy from their Insurance agent. Securing the policy required an extensive review of A’s internal protocols surrounding employees internet usage, email and comput2 Dexter Street Everett, MA 02149 er password updates, and checks Boston Area Boston Area and balances surrounding online Locations Locations 431 Second Street bank account and credit card transEverett, MA 02149 actions. Unfortunately, with all of 2 Dexter Street 2 Dexter Street these protocols in place, a hacker Everett, MA 02149 Everett, MA 02149 was still able to infiltrate Company A’s system (in this real life exam431 Second Street 431 Second Street ple, they infiltrated Company A by Everett, MA 02149 Everett, MA 02149 hacking into an old printer seldom BOSTON AREA LOCATIONS used but still hooked up to their 100 Fremont Street 2 Dexter Street 431 Second Street network). While inside Company Worcester, 01603 Everett, MAMA 02149 Everett, MA 02149 A’s system, the hacker was able to find Company A’s accounts receivables, and saw that a large sum of money was owed to them by Company B (Company B is a local food shop that does not have a Cyber Liability policy in place). Still inside Company A’s network, the Hacker emailed Company B advising of a new Bank Account to send the Minichiello Bros./Scrap-It, Inc., outstanding balance to. Company

Minichiello Bros./Scrap-It, Inc.

B received the email, verified the over 2500 Serves over 2500 customers a week and is one of New England’s largest Serves customers a week and is one New England's largest buyers, email address and forwarded pay- and processors buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal sellers 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 ment to the new Bank Account. By - tohas the same provide the best prices the industry with notch top notch service! Fred Rogers at 617-595-5505 customer service! Callcustomer Fred Rogers at Call 617-595-5505 the time this has been discovered, Minichiello Bros./Scrap-It, Inc., the Hacker is long gone along with Minichiello Bros./Scrap-It, Inc., the stolen funds from Company B. Serves over 2500 customers a week and is one New England's largest buyers, Until recently, this coverage sellerswas and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers not readily available under Cyber- to provide the same the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has remain Liability Policies. customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch customer service! Call Fred Rogers at 617-595-5505 Cyber Liability Program

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SAVE THE DATE

UCANE’s 9th Annual Trade Show September 22, 2021

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

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

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


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JULY, 2021


Longtime UCANE Member Completes $20M MWRA Water Project in Their “Hometown”

The Pacella name has been associated with public water and sewer construction in Massachusetts since 1945 when Querino Pacella and his brothers started Pacella Brothers Corporation in the Dorchester section of Boston. For the next 40 years the company tackled some of the largest and heaviest pipeline projects from Boston to Springfield. Their success as contractors allowed them to invest in other ventures, most notably into manufacturing of concrete pipe (Pacella Pipe Corp. 1971-83) and into real estate in the Dedham area, where many Pacella family members purchased homes. Like many family businesses, as new generations come along some choose to seek their own path. Such was the case when Querino’s sons, Querino Jr. and Ron Sr. and their brother-in-law Dan Shea, formed QRS Corporation in 1963. The focus for the new company would be the same public works market as Pacella Brothers. QRS started on a smaller scale, but very soon saw expansion and growth, in large part due to the 1972 Clean Water Act and the dramatic increases in Federal funding that it brought to the Massachusetts sewer industry throughout the 70s and 80s. continued on page 40

JULY, 2021

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RJV Construction Corp. continued from page 39

QRS Becomes RJV Ron Sr. brought his sons into QRS Construction at early ages. By the early 80s the QRS owners were ready to slow it down a bit but their boys were just getting ramped up and raring to go. So RJV was formed in 1982 and took its name from Ron Jr., Joseph, and Victor. This third generation of Querino Pacella’s family would carry on the tradition as a well-respected and formidable competitor in the Massachusetts Public Works arena for the next 35 years. The QRS name was carried on as the equipment leasing side of RJV.

Fourth Generation

MWRA Contract 7505 According to RJV President Querino Pacella the company had been following MWRA’s Contract 7505 since the design stages. “We had our eye on this project for a while because the route of the pipeline was going through parts of Dedham where many members of our family had grown up and where some still lived,” said Querino. When bids were opened in May 2018, RJV was the successful low bidder on the $20M project and there was excitement throughout the company. “It was the largest bid that RJV had won,” said Victor Pacella, “and the large diameter (36-inch) pipeline work was our forte. We had just completed similar work with the MWRA and Dedham was considered “hometown” to many of us. We were very excited.”

Throughout the 90s and 2000s the namesakes for RJV (Ron Jr., Joe, and Victor) and Querino Jr. had brought another generation of Pacellas into the family business and they were quick learners and were anxious to take over key roles in the corporation. This coincided well with their father’s plans to dial it back and increase their fishing and golf time. In 2020, the transition of RJV ownership went to the fourth generation of Pacellas. Querino Jr.’s son (David), Ron Jr.’s three sons (Ron III, Querino, and Chris) and Victor’s son (Victor Jr.) were the newest – and current – owners of RJV Construction Corp.

UCANE and the Pacella Family Looking back over UCANE’s 67-year history, the Association’s success is surely credited to outstanding contributions and support from many current and past utility contractors. But perhaps no other contractor name can be associated with UCANE more so than the name Pacella. In 1954, Ron Pacella Sr. of the Pacella Brothers was one of the Association’s founding members. His uncle John Pacella served as president of UCANE for six years during the 60s and 70s. No other UCANE President has served more than three years. There has never been a year in UCANE history when there wasn’t a Pacella company on the roster – and in the vast majority of years there have been at least two Pacella Companies as members. Past UCANE Presidents (in addition to John Pacella) include Ron Pacella Sr., Joe Pacella, and cousin Richard Pacella. At 18% of all UCANE Board meetings since 1954 there has been a President Pacella behind the gavel. No other name has been on more committees, attended more Board of Director meetings, and served in more officer or president roles than the name Pacella. This continues in 2021 with Querino Pacella (President of RJV Construction Corp.) and his cousin Richard Pacella (President of R. M. Pacella, Inc.) both serving on the UCANE Board of Directors.

40

Pacella Family (L-R): Victor, David, Chris, Victor Jr, Ron III, and Querino

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JULY, 2021


Setting 36-inch Steel Water Main and Vault after completion of pipe jacking under Route 95

Final 36-inch x 30-inch Wet Tap Connection to existing MWRA steel water main

JULY, 2021

The project consisted of 7,000 feet of 36-inch Ductile Iron water pipe and four large Valve Vaults. The pipeline route was through local streets with deep excavation (12 feet - 16 feet) along most of the route. To make room in the streets for the new transmission main, about 4,000 feet of local watermains, hydrants, services, etc., would need to be relocated. Along the route the 36-inch pipe would also need to cross under MBTA commuter rail tracks, as well as under eight lanes of Route 95. Both crossings would be by horizontal jackings of 66-inch steel casing. Deep and heavily shored jacking and receiving pits were required at each jacking along with dewatering operations. Traffic concerns would restrict hours of operation at multiple locations along the route. Construction began in the Spring of 2019. MWRA Construction managers assigned to the project included Cori Barret and Terry Flynn. Overseeing the job for MWRA was Mike Sorrentino and Ed Amorello from Stantec (designers of the project). From RJV, Querino Pacella was assigned as principal in charge. According to Querino, “I had the title, but we really had our entire ownership and management team involved with this project. Project Manager Matt DeLuca and our superintendents Chris Gates and Louis Rodriques were our key people that advanced this tough job every day.” RJV had as many as 30 of their own employees and at times another 10-15 subcontractor employees working on the site simultaneously. Deep cuts and large pipe requires heavy equipment and lots of trucks. Equipment Manager Dave Pacella was tasked with deploying the right equipment and making sure there was no “downtime.” “We had a large portion of our heavy iron and dump trucks committed to this job. Our lowbed trailers and mechanics were running at full speed to support our crews. The proximity of the job from our shop (eight miles) was a big help.” The difficulty in the work was mostly apparent, according to Chris Pacella. “We knew the deep cuts combined with existing utilities and 20-foot long sections of 36-inch pipe would create a slow operation,” said Chris. “But on one section of about 1,000 feet, we slowed to a crawl when even wellpoints weren’t enough to dewater the ground. Thanks only to our experienced foremen, operators, and pipelayers were we able to fight through it and get the pipe in.” Installing the large Valve Vaults in town streets was another project challenge. The massive precast structures were provided by UCANE member Concrete Systems, Inc. (CSI). “These vaults required steel sheet-pile shoring, dewatering, and heavy cranes to set them in place,” said Ron Pacella. “Coordinating vault delivery and cranes while still maintaining traffic required the entire project team and the Town of Dedham to all be on the same page.”

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continued on page 43

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RJV Construction Corp. continued from page 41 The jacking operations and the necessary interfacing with MBTA and MassDOT were almost “projects within a project.” Lots of paperwork, meetings, and agreements with these agencies on procedures, hours of operations, etc., were required. Once approvals were secured by the project team, the jacking pits were managed with assistance from UCANE member GVC Construction, Inc. and Pacella Enterprises. The jacking sleeves were installed by M&P Pipe Jacking Corp. RJV put a dent into the project in 2019. Work scaled back during winter months. “In 2020 our plans to wrap up the job were disrupted due to COVID-19,” recalls Querino. “We had some delays that slowed us up while everyone was figuring out how to proceed during a pandemic. The Owner (MWRA) and the Town of Dedham worked closely with us to get the job back up and running again. Learning to communicate with team members working from home and having ZOOM meetings to discuss job issues was a learning curve, but we got through it.”

RJV Superintendents Louie Rodrigues & Chris Gates and Project Manager Matt DeLuca

continued on page 45

Installing 36-inch DI Water Main on Rustcraft Road requiring extensive dewatering

Auger Boring 48-inch Steel Casing Pipe under MBTA Commuter Rail Tracks

JULY, 2021

36-inch Steel Water Main in place after removal of thrust wall in Route 95 Jacking Pit

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RJV Construction Corp. continued from page 43 The project was completed in April, 2021. MWRA Resident Engineer, Jim Bird had high praise for RJV. He stated, “The Authority has had great experiences with RJV on other infrastructure projects and 7505 has been another to add to the list. This was a formidable piece of work with a few wrenches thrown at us, but RJV’s managers are detail oriented and quickly reacted to always get back on track. It was a pleasure working with such a professional team.” Other UCANE members working with RJV on the project included Aggregate Industries (asphalt and paving), A. Andreassi & Son, Inc. (gravel), ATS Equipment, Inc. (tools and supplies), Brennan Consulting (surveying), Concrete Systems, Inc. (precast structures), Core & Main (pipe, valves, and fittings), Dedham Recycled

Gravel (gravel), Easton Concrete Cutting & Drilling, LLC (saw cutting), T. L. Edwards, Inc. (asphalt), GVC Construction, Inc. (jacking pits and pipe jacking), GZA GeoEnvironmental, Inc. (SOE/dewatering design, soil management, geotechnical monitoring), L. Guerini Group Inc. (concrete pumping), Liddell Brothers, Inc. (traffic management), Lockton Companies (bonding and insurance), Lorusso Coporation (paving), S. M. Lorusso & Sons, Inc. (stone and gravel), National Trench Safety (shoring), National Water Main Cleaning Co. (CCTV inspection, and manhole rehabilitation), Northeast Traffic Control Services, Inc. (traffic management), North East Shoring Equipment, LLC (shoring and road plates), Pacella Enterprises (paving), E. J. Prescott, Inc. (valves and fittings), Taylor Oil Company (diesel), Tresca Brothers (concrete), United Rentals Trench Safety (shoring and road plates).

UCANE Congratulates RJV Construction Corp. and the Pacella family on the completion of this milestone project and wishes them many more years of continued growth and success stories! n

Grading MBTA Crossing Jacking Pit for installation of 36-inch MWRA water main

JULY, 2021

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Deer Island Dedication in Honor of Charles Button

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n June 3, 2021 a group of family, friends, and supporters of clean water gathered on Deer Island to dedicate a new park bench looking out over Boston Harbor engraved with a plaque in memory of Charles “Charlie” Button. The ceremony was spearheaded by Roger Janson, friend and former Region 1 EPA Director. Kind words were offered by Fred Laskey, MWRA’s Executive Director, and John Sullivan, Chief Engineer of the Boston Water & Sewer Commission. Charlie passed away in 2015, but is still well remembered by the Engineering, Environmental, and Construction Communities throughout the Region. His career spanned over 45 years at high level management positions at both the MWRA and BWSC, as well as the Hartford Metropolitan Com-

mission. He was instrumental in the design and construction of many notable water and sewer projects in the Boston area, including the Boston Harbor Cleanup and the building of the Deer Island Wastewater Treatment Plant. He was known as a practical engineer and an approachable manager by his staff and by contractors who worked on his projects. Charlie worked alongside UCANE members for many years as an advocate for water and sewer investments throughout Massachusetts. He eventually established his own company, Freshwater Consulting, and was a former Associate member of UCANE. The new park bench overlooking a clean Boston Harbor is a well-deserved honor and a reminder of the legacy of the good work that Charlie Button left for all of us to enjoy. n

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with UCANE’s Officers and Board Members Can you give us some information on your background and tell us why you decided to get into the insurance business? I graduated in 2010 from Western New England College where I majored in finance and economics and also played football for four years. My first job out of college was as a high school football coach and a part-time teacher in West Hartford. In 2011, I began my insurance career as an entry level account manager at Traveler’s home office in Hartford. I worked in the Equipment Breakdown and Property Coverage Division. Travelers offered me an opportunity to enroll in their Underwriting Development Program, which was a two-year rotational program that involved both classroom and field training across all lines of business insurance. In 2014, I accepted Traveler’s offer to relocate to their Braintree Office, where I became an account executive concentrating on the Eastern New England construction market. Working for the underwriter, I began interfacing with area contractors, as well as our partner insurance agencies. How long have you been with DeSanctis Insurance Agency, and what is your role there? As their Traveler’s underwriter, I developed a great working relationship with the DeSanctis Agency and I recognized how solid the firm was and how well respected it was within the industry. In 2016, I joined Adam DeSanctis and his team. I work in a great team atmosphere where service to clients is our number one goal. I’m currently an Account Executive/Producer focusing on the Construction Market. In this role I interact closely JULY, 2021

UCANE Board Member Jordan Tirone DeSanctis Insurance Agency, Inc.

with our heavy and utility contractor clients, many of whom are UCANE members.

rectors?

How long has your company been a member of UCANE and why did you decide to join the Board of Di-

The DeSanctis Agency has been a member of UCANE going back to the 1970s when our founder Robert (Bob) DeSanctis was heavily involved in UCANE and also served on the Board at one time. His son Adam has followed his father’s tradition as a strong UCANE supporter and once I understood what UCANE was about, I wanted to be a part of it too. I attended some committee meetings and Board meetings for a couple of years and I was flattered when the UCANE officers asked me to become a member of the Board of Directors. continued on page 51

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Under the Hard Hat continued from page 49

be expected at least into the short term (2021, 2022).

2020 saw our country and almost every industry suffer through a global pandemic. It is still impacting some operations well into 2021. How was your company and the overall insurance industry impacted by COVID-19 during 2020 and into 2021?

In the December 2020 issue of Construction Outlook magazine, I submitted an article that highlighted some of the driving factors impacting the insurance industry as a whole, which unfortunately, are not limited to the pandemic. Feel free to pull it out of your archives or go to the UCANE website to view it. www. ucane.com/publications. But, if there is something that this past calendar year has taught us, it is that we all are a little – if not much more – resilient than we may have estimated and that makes me optimistic for the remainder of 2021 and beyond.

2020 was, needless to say, a bit of a roller coaster. Our number one goal is always to support our clients and 2020 was no exception. With so many unknowns, we were working around the clock to grasp how our industry (carriers and coverage in particular) would respond to and support the effects of the pandemic, as well as the regular day to day operations, that as an essential industry supporting another essential industry could not skip a beat. Logistics, for everyone, were a challenge at times, but with technical procedures in place and overall working as a team, we were able to pivot rather seamlessly. The insurance industry as a whole was certainly impacted during the past year. Overall affects are still being evaluated, but some fallout can

JULY, 2021

As we approach the half-way point of 2021, how would you rate the state of both the heavy construction industry and the insurance Industry as it relates to horizontal contractors up to this point, and do you think a Federal Infrastructure Bill will help both markets? In a vacuum I personally think that we are in a much better place than if I were asked a year ago to predict where we would be continued on page 53

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Under the Hard Hat continued from page 51 mid 2021. Contractors are ready to “get back to normal” and normal (at least in recent years) is tower cranes lining the Boston skyline and the sound of heavy machinery on our local and state roads. The rising price of materials and the shortage of skilled labor has become very concerning across many industries. These two issues seem to be evolving daily and many will say they are “keep you up at night” issues. We are continuing to monitor this from an insurance and surety perspective and to advise our clients to pay close attention to material and labor availability and inflation when preparing bids and looking at completion dates.

I can digest that information and bring it back to my “day to day” business in order to best serve and advise my clients within my capacity. n

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In regards to the Federal Infrastructure Bill, UCANE has done an outstanding job breaking down the details and allocation of funds that could benefit UCANE businesses. I recommend digging into these details to see how they might impact you individually. The intent of the bill is certainly encouraging from a construction perspective, but it goes without saying that there is a hefty price tag associated with the bill. I would say that overall, I am cautiously optimistic for both of our industries.

What would you like our membership to know about being a Board Member? Being a UCANE Board Member is incredibly rewarding. The UCANE staff (and government relations associates) do an outstanding job preparing and organizing the meetings on a monthly basis. With my focus in the construction insurance industry, I find it personally rewarding to participate in the monthly meetings, to be a resource for the Board, and to offer my perspectives on the latest insurance news that affects contractors (and associate members as well). Likewise, as a Board Member, I have the opportunity to hear firsthand the current issues/concerns that are happening “on the streets.” JULY, 2021

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Construction Safety & Compliance: An Interview with Erik Haruch

Vice President of Environmental Health, Safety, and Quality

Jay Cashman, Inc.

UCANE’s Construction Outlook editors recently caught up with Erik Haruch at a busy construction site in Boston. Erik is the Vice President of Environmental Health, Safety, and Quality with UCANE member firm Jay Cashman, Inc. based in Quincy. We were able to get a few minutes of Erik’s time to talk about the importance of safety in today’s heavy construction industry. What is your background in Construction Safety, and how long have you been with Jay Cashman, Inc.? I graduated from Illinois State in 1997 with a BS in Environmental Health and Safety. I worked for over 20 years for several large contractors including Mortenson Construction, Lend-Lease, and Massman Construction. I’ve had experience with vertical construction, but most of the projects where I have been responsible for project safety have been in heavy horizontal work; like bridges, highways, and marine projects. After living and working most of my career in the Mid-West, I was looking to relocate to the East Coast and an opportunity with Cashman came along. I’ve been with Jay since 2019. Tell us about the culture of safety that exists at Jay Cashman, Inc. The culture at Cashman can be summed up with two words: Safe Production. We are a family of companies that strives to end the divide between production and safety, creating a workplace where safety and production become one, “Safe Production.” In doing this we are creating a culture where safety is at the forefront of every part of the operation and not an afterthought or separate secondary task. What are some of the greatest challenges you face as a Safety Director? JULY, 2021

The biggest challenge I have been faced with over the years has been getting the craft employees to believe in, and comply with the company’s safety philosophy and getting them to understand that our commitment to their safety is personal; and that both I and the company care about each of them like family. Telling a veteran tradesman to change or modify a work method or technique that he has been doing for years, because there is a safer way to do it, is often met initially with resentment. Over the years I have found that by taking a little more time to explain to them the “why” instead of just the “how,” there will be a better buy-in by the employee and respect for your decisions will grow stronger over time. continued on page 57

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Safety & Compliance continued from page 55 The COVID-19 pandemic required contractors and their safety professionals to react quickly to an uncharted array of safety protocols in order to protect employees. How did you and your company adapt to this unique situation and what have you learned from the experience? As it has been for everyone in the construction industry, the COVID-19 pandemic posed unique challenges for our company and definitely slowed us down, but it did not stop us. We moved quickly to adapt to new procedures and protocols mandated by federal agencies like the CDC. We also had to comply with new State regulations and sometimes even City regulations, which often varied by state and sometimes were in conflict with each other. Protecting our employee’s health and wellness was paramount for Cashman. We implemented many new daily procedures including pre-job temperature screening and health surveys, pre-boarding COVID testing for our live-aboard dredge employees, and restrictions on everything from lunch room procedures to commuting in company pickups. We learned that no matter how dire the situation gets, like in everything else we do, if we take the time to properly vet the situation and hold

“Participating in organized events like Safety Week and National Safety Stand-Downs, is a tremendous way to further foster a safety culture.” people accountable, we can continue to work through a pandemic or any other difficult situation. Do you think contractors, as well as their employees, can benefit from participating in organized and OSHA endorsed events like Safety Week and the National Safety Stand-Downs? Participating in organized events like Safety Week and National Safety Stand-Downs, is a tremendous way to further foster a safety culture. Participation in these types of events demonstrates our commitment to our employee’s safety and shows we are willing to take the time and spend the money on safety training and safety events. Each year we have been involved in and/or sponsors of events such as Construction Safety Week, and each year we are better for it. n

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

Know Your Soil Type

O

SHA classifies soils by type. Type A, B, C-60, and C-80. The characteristics and materials that make up the soil will determine which type you are working with. OSHA describes the different types of soils as: Type A soil is cohesive and has a high unconfined compressive strength; 1.5 tons per square foot or greater. Examples of Type A soil include clay, silty clay, sandy clay, and clay loam. Soil cannot be classified as Type A if it is fissured, if it has been previously disturbed, if it has water seeping through it, or if it is subject to vibration from sources such as heavy traffic or pile drivers. Type B soil is cohesive and has often been cracked or disturbed, with pieces that don't stick together as well as Type A soil. Type B soil has medium unconfined compressive strength, between 0.5 and 1.5 tons per square foot. Examples of Type B soil include angular gravel, silt, silt loam, and soils that are fissured or near sources of vibration, but could otherwise be Type A. Type C soil is the least stable type of soil. Type C includes granular soils in which particles don't stick together and cohesive soils with a low unconfined compressive strength; 0.5 tons per square foot or less. Examples of Type C soil include gravel and sand. Because it is not stable, soil with water seeping through it is also automatically classified as Type C soil, regardless of its other characteristics. Most OSHA compliance investigators believe that an excavator working on excavating the soils generates vibration. Thus if any excavation of soils occurs with machinery, it cannot be classified as Type A. So for just about all work, the best soil can be classified as would be Type B. In New England, we assume all soils to be Type C. Soil classifications are made by JULY, 2021

the Competent Person on site. They are required to perform at least one visual and one manual test. OSHA provides options for acceptable visual and manual tests. The most common visual tests include inspecting the soil as it is being removed, inspecting the spoil pile, and the color and makeup of the excavation walls. While visually inspecting the soils, the competent person looks to see if the soil is staying clumped together while being excavated. The trench walls can be inspected for signs of layering different soil types, water seeping through, and any fissures present. The most common manual tests are the plasticity test, the thumb penetration test, and the use of a penetrometer. The thread test, which shows if the soil is cohesive, is when the competent person takes a moist soil sample and rolls it into a thread that is 1/8” thick and 2” long. The competent person then takes continued on page 61

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Safety Corner continued from page 59 that thread and holds it at one end. If the soil thread stays together, then it is cohesive. If the soil thread cannot stay together, it is classified as Type C. The thumb penetration test is used to quickly estimate the compressive strength of the soil. To perform this test, the competent person takes a fresh clump of soil in their hands and presses his/hers thumb into it. In Type B soils, your thumb will make a sink into the soil to the base of your thumbnail. If your thumb can go in past the end of your nail, then the soil is classified as Type C. A pocket penetrometer can be used for a more numeric version of the thumb penetration test. Generally speaking, protective systems are the same no matter which type of soil you are encountering. Trench shields and manhole boxes are used in all types of soils. However, the systems present different limitations based on the soil type. The tabulated data that accompanies each trench shield or manhole box states the depths it can be used at based on the type of soil it’s used in. The easiest method of protection from a trench wall collapse is to slope the sides. Type A soil can be sloped to a ¾:1 (53°) angle, Type B can be sloped to a 1:1 (45°) angle, and Type C can be sloped to a 1.5:1 (34°) angle. We rarely, if ever, come across Type A soils. There are times when an operator wants to bench soils; you cannot bench Type C

JULY, 2021

soils. Benching can be done in Type B soils, but to be honest, most attempts at benching are not in compliance with the standard. Remember, as a rule of thumb, always assume the soil is Type C and protect your workers accordingly. One of the most common misconceptions is that clay soil is good soil and allows for a change in soil type classification. The problem with clay soils is that they are always either gaining or losing moisture. Either situation can end with disastrous consequences. The average weight of a cubic yard of soil is about 3,000 lbs. It takes less than a second for a trench wall to collapse. A collapse with that weight and speed is the equivalent of getting hit by a car that is going 70 mph. Protect yourself, protect your crew; know the soils you are working in, and never get complacent. n

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LARRY BOMBARA MEMORIAL CHARITY GOLF TOURNAMENT Tuesday August 17, 2021 8:00am shotgun start Brookmeadow Golf Club 100 Everendon Road, Canton, MA Please complete this form and return with your payment before Friday August 6, 2021. Limited to 144 golfers. Meal Selections: # Lobster meals

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# Steak meals

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JULY, 2021


5 Steps to Prevent Trench Collapses Working in trenches and excavations is potentially one of the most hazardous types of work in the construction and utility industries. One reason? Many people don’t appreciate the enormous weight of soil. One cubic yard of soil can weigh almost 4,000 pounds — the weight of a small car or pickup truck. When a trench or excavation caves in on unprotected workers, it usually means a serious injury or death, even in a very shallow trench. Here are five simple steps you can take to protect your workers. Step #1 – Have a Trained and Authorized “Competent Person” On Site In an attempt to reduce the number of deaths and serious injuries that occur in trenches and excavations, OSHA requires that a “competent person” be on site whenever workers are exposed in an excavation. OSHA defines a competent person as one who: •

is capable of identifying existing or predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and

has the authority to take prompt corrective measures to eliminate them.

OSHA goes on to say that the competent person must have specific training in, and be knowledgeable of, the requirements of the OSHA standard 29 CFR 1926, Subpart P; soil analysis; and the use of protective systems. The on-site presence of the competent person is crucial in maintaining a safe working environment.

Step #2 – Follow OSHA’s General Requirements The general requirements section of OSHA’s 29 CFR 1926, Subpart P addresses several commonsense items related to trenches and excavations: Surface Encumbrances: These are described as telephone poles, trees, fire hydrants, street signs, sidewalks, curbs and gutters, and similar objects adjacent to an excavation. They should be removed or supported to ensure their stability and to safeguard workers.

JULY, 2021

A steel trench box can be one of the best ways to protect workers depending on the situation. Underground Installations: These include underground utilities such as sewer, gas, water, and telephone and electric lines. Prior to the start of actual excavation work, utility companies must be contacted with adequate, established, or customary local lead times, then advised of the proposed work and asked to determine the location of the utilities. All underground utilities must be protected, supported, or removed to protect workers. Access and Egress: These are just fancy words for entering and exiting an excavation. Trenches and excavations deeper than 4 feet require a means of continued on page 65

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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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226 Nicks Rock Road Plymouth, MA 02360 Scale House: 508-732-9148 Asphalt Plant: 508-732-9140

Darmody, Merlino & Co., LLP CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS

Serving The Construction Industry Since 1938 75 Federal Street, Boston, Massachusetts 02110-1997 OFFICE 617.426.7300 • FAX 617.426.2245 WWW.DARMODYMERLINO.COM

Dave Pateuk / Owner Email: dave@northeastshoring.com Website: www.northeastshoring.com

• • • •

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5 Steps continued from page 63

ing hazardous or potentially hazardous atmospheres.

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maint a i n JULY, 2021

Adjacent Structures: The stability of sidewalks, streets, adjoining buildings, walls, and other structures can be reduced by excavation operations. Specialized shoring systems, bracing, and/or underpinning may be required to ensure the stability of these structures and to protect workers. Loose Soil or Rock: Spoil piles (and equipment) must be set back at least 2 feet from the edge of a trench or excavation. Fall Protection: Walkways with standard guardrails are required when employees or equipment crosses over excavations. Wells, pits, shafts, etc., must be barricaded or covered. Paying close attention to each of these important potential dangerous circumstances will help ensure worker safety, as well as help contractors and utilities stay legal with OSHA. continued on page 66

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Water Accumulation: Workers must not work in trenches or excavations where there is accumulated water, or where water is accumulating, unless adequate precautions are taken. If the excavation work interrupts the natural flow of surface water, then diversion ditches, dikes, or other means may be required to keep water out.

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access and egress. Also, each worker must be within 25 feet of a ladder, ramp, or stair. Each means of access and egress must be within a protected area. Vehicular Traffic: Workers exposed to traffic must be provided with, and must wear, warning vests or other highly visible garments. Signs, signals, barricades, and/or flagmen may also be required. Falling Loads: Workers are not permitted underneath overhead loads. In addition, employees must stand away from equipment being loaded or unloaded from vehicles. Warning Systems for Mobile Equipment: When mobile equipment is operated near the edge of an excavation, and the equipment operator does not have a clear and direct view of that edge, warning systems — such as barricades, spotters, or stop logs — are required. Hazardous Atmospheres: This section of the OSHA standard is designed to protect workers from so-called “bad air.” Concerns include too little oxygen, too much oxygen, flammable gases such as methane and natural gas, and toxic gases such as hydrogen sulfide and carbon monoxide. Atmospheric testing, along with the use of ventilation equipment, are two of the most common and important methods of address-

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5 Steps continued from page 65

Step #3 – Carefully Analyze the Soil An important responsibility for the competent person is soil analysis. Even when sloping, soil analysis is the very first step in choosing a protective system. There are hundreds of different types of soil. OSHA is concerned with only four – Stable Rock, Type A, Type B, and Type C. OSHA says the competent person must perform at least one visual and one manual test of the soil that is excavated. But the competent person can also take a worst-case-scenario approach and assume all the soil is Type C. In fact, many contractors and utilities take this position.

potential for a cave-in. Note that in some states, local laws require use of protective systems in all trenches that are 4 feet or more deep. Always check your state regulations. There are five options for protective systems: Sloping and Benching: This procedure calls, first, for classifying the soil, then referring to the charts and illustrations in the OSHA standard to determine the correct angle of the sloping or benching. Soil Type Stable Rock Type A Type B Type C

Angle of Bank Vertical wall 53 degrees 45 degrees 34 degrees

Step #4 – Use a Protective System With one exception, OSHA requires the use of protective systems in all trenches and excavations that are deeper than 5 feet. The exception involves trenches or excavations in stable rock. In those situations, it’s “legal” to work with vertical walls, but stable rock is extremely rare. And if a trench or excavation is less than 5 feet deep, a protective system is still required if there’s

Timber Shoring: This is a system of wooden walers, cross braces, and uprights that support the walls of a trench or excavation. The OSHA standard specifies the sizes of timbers, based on the various types of soil, the depth of the trench or excavation, and the type of timber used to build the structure (oak or Douglas fir). continued on page 67

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JULY, 2021


5 Steps continued from page 66 Aluminum Hydraulic Shoring: Hydraulic shoring systems have replaced a lot of timber shoring. Developed in California in the late 1950s, there are two main types of hydraulic shoring systems: vertical shores and horizontal walers. Both employ aluminum rails and hydraulic cylinders that apply pressure to the walls of a trench, creating an “arching” effect in the adjacent soil that prevents the walls from collapsing. Trench Shields: Trench shields are aluminum or steel structures designed to protect workers by withstanding the forces of a cave-in. Regardless of the material they are made of, the principles for trench shields are the same. Site-Specific Engineered Systems: Occasionally the charts in the OSHA standard are not appropriate. There may be jobsite conditions or other factors that prevent the use of all these systems. In that case, a registered professional engineer must design a system specifically for the job. The engineer has to be registered in the state where the system will be used, and will have to “stamp” the design. There are additional requirements, as well, all of which are covered in the OSHA standard.

Step #5 – Inspect the Excavation The properly trained and authorized competent person must inspect excavations daily for: •

indications of possible cave-ins,

failure of protective systems,

hazardous atmospheres, and

other hazardous conditions.

Inspections must be conducted prior to the start of work, and also as needed throughout each shift, after rainstorms, and after other potential hazardincreasing events. The competent person must also check adjacent areas and protective systems (before and during use), and always look for indications of possible cave-ins and hazardous or potentially hazardous conditions. Written by David Dow, Sunbelt Rentals Shoring Solutions. Reprinted with permission. n

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L. GUERINI GROUP, INC. SINCE 1917

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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.* • In Vermont, notify Dig Safe® at least 48 hours in advance.* • Notify non-member facility owners. • Maintain the marks placed by underground facility owners. • Use caution and dig by hand when working within 18” of a marked facility. • If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged. • Call 911 in the event of a gas leak, or if a damaged facility poses a risk to public safety. • Know your state’s excavation requirements. • Go to digsafe.com for educational material and current laws.

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JULY, 2021


Herb Brownett, B2W Software, Inc.

Monthly Job Review Meetings – A Critical Construction Business Practice The Monthly Job Review is the single most important financial management practice for a construction company. This is not only because projected job profit is the key building block of the company’s financials, but more importantly, this meeting is the best control over the primary source of revenue and profit for a construction company.

P

lease note: monthly financial meetings are not a substitute for daily performance tracking. Contractors should also take full advantage of electronic field logs, e-forms, telematics, and other technologies to monitor jobs and make timely operational adjustments. The immediacy of reporting from these and other field-centric tools is extremely valuable, and the data can be reconciled later with the financial system of record. By Monthly Job Review, I am referring to a monthly meeting attended by each project manager and by senior management to review the projected cost and profit on each significant job. Failure to faithfully hold these meetings and to put a serious effort into reporting, is a risk to a company’s future. Losses on a single project of 25% of the contract value are not uncommon in the industry. Many companies cannot afford one or two such events within a short time period. Once the meetings are schedule with a regular monthly cadence, the key steps of the process should be: • Project managers prepare a detailed Projected Cost Report, with other relevant information prior to the meeting. • Senior managers review the reports prior to the meeting and develop questions. • Based on reports submitted by project managers, a preliminary Work in Progress Report (WIP) is prepared and distributed to each project manager for their specific jobs. Senior management JULY, 2021

receives the report for the total company. At the meeting, each report is reviewed, and questions are asked by senior management about key issues. • A decision is made by management whether to use the project managers projected profit in the WIP or to adjust it up or down. • After the meeting, a revised WIP is issued to senior management for final review. Useful information to include with the job projections includes a Job Profit Trend Report that shows the monthly projected job profit and variance from the previous month for the life of the job. Additionally, a Contract Summary showing the type of contract, saving split if applicable, indemnification clause, and whether the job has liquidated damages and, if so, how much per day. continued on page 70 •

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Technology in Const. continued from page 69 The schedule, any issues with the job owner, change orders, and subcontractor performance are among the issues impacting profitability that should be discussed for each job at the monthly meeting. Self-performed work productivity and profit swings from the previous month, significant over and under billings, accounts receivable status, and job-to-date cash position should also be covered. Everyone involved needs to understand that these meeting are very important and are mandatory. There will be schedule conflicts for both senior management and project managers. That is the reality of construction. These should not be reasons to skip meetings. If absolutely necessary, they should be rescheduled as close to the original date as possible. It is not unusual in the industry for a project to get off track in weeks and become a serious loss issue in a matter of two or three months. The sooner problems are identified, the quicker the loss can be mitigated. Another firm rule is that dishonesty in job profit reporting by a project manager should not be tolerated.

In summary, it is necessary to have a regular Monthly Job Review process that is very disciplined and conducted with total integrity. The financial future of any construction company is at stake. n

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Your Company Must Have A Comprehensive Safety Program! This year’s Safety Manual includes information on: • Massachusetts Safety Standards - COVID-19 • OSHA’s Final Rule on Silica Exposure Limits • OSHA’s Final Rule on Improved Tracking of Workplace Injuries and Illnesses • OSHA’s Final Rule on Confined Space in Construction • OSHA’s New Requirements for Reporting Severe Injuries • OSHA’s Updated Trenching & Excavation Safety

Promote A Safe Working Environment It should be your company’s policy to provide a safe place to work, with the prevention of accidents being your ultimate goal. Your Insurance/Bonding carrier requires a Safety Program. State and Federal Agencies require a Safety Program.

OSHA Inspectors Will Be Enforcing: • Overall Construction Safety (29 CFR 1926) • Excavating Standards • Written Safety and Health Plans

• Hazard Communications Programs • Drug Free Workplace • OSHA 10-Hour Training Requirements

Examine The UCANE Pocket Directory When ordering Company Safety Manuals, the Safety Manual section only, in the back of UCANE’s Pocket Directory, will be made up into an individual Employee Pocket Safety Manual with Your Company Name & Logo printed on the cover. Employee signature cards verifying compliance with safety manual procedures are included. When signed, these cards should be placed in each employee’s file.

Employee Pocket Safety Manual Order Form

Company Name:_________________________________ Authorized By:______________________ Pocket Manuals w/ Signature Cards: Qty.__________________ x $3.75 Ea. = $________________ 65.00 Printing and Set Up Charge for Personalized Covers: $________________ Postage and Handling: Date:____________

❏ Company Logo Enclosed

❏ Company Logo to be mailed

TBD $________________ Total: $________________ ❏ My check is enclosed

Employee Pocket Safety Manuals are available to UCANE members only. PAYMENT MUST ACCOMPANY ORDER. Utility Contractors’ Association of New England, Inc. • 300 Congress Street, Suite 101 • Quincy, MA 02169


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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Advertisers’ Index ATS Equipment, Inc. .............................................................34 American Shoring, Inc........................................ Ins. Back Cvr. Badger Daylighting..................................................................8 BakerCorp..............................................................................13 Benevento Companies..........................................................23 Boro Sand & Stone Corp.......................................................58 Brennan Consulting...............................................................68 Dennis K. Burke, Inc..............................................................60 C&S Insurance Agency..........................................................16 Concrete Systems, Inc...........................................................50 Core & Main.............................................................................4 Cumberland Quarry Corp......................................................56 Dagle Electrical Construction Corp....................................... 14 Darmody, Merlino & Co., LLP................................................64 Dedham Recycled Gravel......................................................15 DeSanctis Insurance Agency, Inc. ........................................54 Dig Safe System, Inc.............................................................68 The Driscoll Agency...............................................................61 Eastern States Insurance Agency, Inc....................................9 Eastpoint Lasers, LLC...........................................................70 T. L. Edwards, Inc..................................................................64 Ferguson Waterworks............................................................ 11 Genalco, Inc...........................................................................23 Gorilla Hydraulic Breakers.....................................................60 L. Guerini Group, Inc..............................................................68 Hinckley Allen LLP.................................................................42 John Hoadley & Sons, Inc.....................................................60 Hydrograss Technologies Inc................................................58 Ideal Concrete Block................................................................2 Industrial Safety & Rescue....................................................66 JESCO...................................................................................31 P. J. Keating Company...........................................................26 P. A. Landers, Inc...................................................................47 Lawrence-Lynch Corp............................................................52 Lorusso Corp...........................................................................9 Lorusso Heavy Equipment, LLC............................................48 Mass Broken Stone Company...............................................53 Milton CAT...............................................................Back Cover Monroe Tractor.......................................................................52 NSI Contracting .....................................................................57 National Trench Safety..........................................................28 Norfolk Power Equipment, Inc...............................................54 North American Crane & Rigging LLC..................................36 North East Shoring Equipment, LLC.....................................64 Northland JCB/Alta Equipment Company.............................24 Northwestern Mutual..............................................................58 Ocean State Oil......................................................................67 Palmer Paving Corp...............................................................51 Pawtucket Hot Mix Asphalt....................................................70 E. H. Perkins Construction Co., Inc.......................................72 Podgurski Corp......................................................................19 E. J. Prescott, Inc................................................Ins. Front Cvr. Putnam Pipe Corporation......................................................65 Rain For Rent-New England..................................................30 Ritchie Bros. Auctioneers......................................................32 Rodman Ford Sales, Inc........................................................20 Schmidt Equipment, Inc...........................................................1 Scituate Concrete Products Corp..........................................10 Scrap-It, Inc............................................................................35 Shea Concrete Products, Inc. ...............................................44 SITECH New England............................................................ 12 Starkweather & Shepley Ins. Brokerage, Inc........................22 Taylor Oil Company...............................................................56 Tonry Insurance Group, Inc...................................................19 United Concrete Products..................................................... 17 United Rentals Trench Safety................................................18 Watertown Ford Commercial.................................................53 Webster One Source.............................................................54 C. N. Wood Co., Inc. ...............................................................6 Woodco Machinery, Inc.........................................................46

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