Construction Outlook June 2020

JUNE | 2020

UCANE’s 46th Annual Scholarship Awards

Riley Burnham

Emily Cullinane

Finnian Day

Han Duong

Victoria Kennedy

Dominic Perkins

Brendan Putnam

Alissa Reitter

Zoe Sullivan

Julia Tardugno

Sarah Timmons

Lindsay Trask

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JUNE, 2020

Years of Excellence 1954-2020

JUNE, 2020

IN THIS ISSUE

OFFICERS President MARCELLA ALBANESE Albanese Bros., Inc.

President-Elect RYAN McCOURT

McCourt Construction Company

Treasurer BRIAN COONEY

C. C.Construction Inc.

Secretary CHRIS VALENTI

GVC Construction, Inc.

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

NICK BIELLO

J. D’Amico, Inc.

MIKE BISZKO, III

Biszko Contracting Corp.

ANDREW DANIELS J. Derenzo Co.

GEORGE DeFELICE

DeFelice Corporation

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

JOE GIOIOSO

P. Gioioso & Sons, Inc.

DAN HORGAN

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

LISA FRENCH KELLEY

W. L. French Excavating Corp.

BILL LEONARD

Aqua Line Utility, Inc.

JOHN OUR

Robert B. Our Co., Inc.

QUERINO PACELLA

5 President’s Message:

Embracing Technology: Key to Staying Connected Now and Going Forward

7 Legislative Update:

• Governor Lays Out Re-Opening Phases; Plan Still Requires Favorable Public Health Data • Leading Economic Policy Group Updates FY21 Budget Forecast • As Data Shows Drop-Off in Water Usage; MWRA Reduces Proposed Rate Increase • City of Worcester Also Looks to Provide Potential Rate Relief • Coalition Advocates for Expansion of Paid Sick Time; Employer Organizations Urge Caution • Baker-Polito Administration Announces New Undersecretary of Energy

19 Legal Corner:

Bid Omissions and Bidder Responsibility

23 RESCHEDULED: UCANE’s 41st Annual Golf Classic 25 MA Safety Standards 37 UCANE’s 46th Annual Scholarship Awards 45 How Construction Firms Can Prepare for a Potential Second Wave of COVID-19 52 UCANE Member W. L. French Excavating Corporation Named a 2020 Fast 50 Company by Boston Business Journal 53 NEWS RELEASE: U.S. Department of Labor Adopts Revised Enforcement Policies for Coronavirus 55 Get to Know Your UCANE Associate Members: Industrial Safety & Rescue

57 Safety Corner: Virtual Strides

RJV Construction Corp.

59 UCANE’s Updated Employee Safety Manuals Now Available

RICHARD PACELLA, JR.

61 Insurance Perspective:

R. M. Pacella, Inc.

BRIAN RAWSTON

Jay Cashman, Inc.

FRED ROGERS

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

ERIK SVEDEN Milton CAT

JORDAN TIRONE

DeSanctis Insurance Agency, Inc.

DAVID WALSH

Pawtucket Hot Mix Asphalt

JEFF MAHONEY

Executive Director

Between the “Sheets”

63 Technology in Construction:

Don’t Bet Your Company on a Spreadsheet

65 Spotlight on Cape Cod: Another $12M Sought for Orleans Sewer Project Editor: Jeff Mahoney, Associate Editor: Suzanne Hatch, Magazine Designer/Assistant Editor: Sherri Klayman 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: aklayman@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Brockton, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

Embracing Technology: Key to Staying Connected Now and Going Forward The summer of 2020 is officially upon us. While it is certainly not what we envisioned, I hope you and your families will remain safe and healthy, and that your workload will continue to increase as the weeks progress.

I

feel confident saying that people are enjoying being outdoors more and that interactions and conversations are no longer relegated to webinars or some sort of virtual meeting platform.

But while we all have felt “Zoomed-out” at times, the ability to use technology to help us communicate during the pandemic has been invaluable to UCANE and our companies. It will certainly become a regular part of doing business going forward, and hopefully, it will be better for all of us.

It certainly has allowed UCANE to continue its advocacy and mission. Our Board of Directors and Government Relations Committee has continued to meet on a regular basis. These meetings have been crucial as we discuss all of the issues and questions that have arisen during this crisis.

Our recent June meeting was held via Zoom, and we were able to discuss COVID-19 related topics including updated safety standards, PPE availability, and the varying reopening plans of municipalities and awarding authorities. We were also updated on all relevant state and federal proposals in response to the pandemic and discussed our ongoing advocacy efforts to ensure that water, wastewater, and underground utility infrastructure are considered and incorporated into any upcoming stimulus efforts by the state and federal government.

We also addressed non-pandemic related issues that have been introduced such as a state JUNE, 2020

legislative bill to increase Dig Safe penalties, and the state’s Fiscal Year 2021 budget. In addition, we continued to discuss some of our legislative priorities, including water infrastructure funding, the payment of police details, and DCAMM certification. These virtual meetings have been vital, and they have allowed us to continue to properly respond to our elected and appointed officials and advocate on our member’s behalf.

UCANE has also strongly supported efforts to encourage municipalities and awarding authorities to use IT to create efficiencies and allow crucial public works projects and other construction to continue. The state has wisely allowed more flexibility for cities and towns to conduct more business virtually and online including Board Meetings, permitting, and bid openings.

Municipalities that don’t currently have the ability to do so will hopefully look into upgrading their technology. Some of these changes are welcome and will lead to fewer delays. We will continue to encourage these changes to be permanent and for consistency among all awarding authorities.

I know many of us are set in our ways, and that traditional operating procedures have been successful. However, I would ask our members to consider embracing these new opportunities and efficiencies and see what these technologies have to offer. Hopefully they will lead to increased work and a more robust industry for all of us. n

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Governor Lays Out Re-Opening Phases; Plan Still Requires Favorable Public Health Data

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s widely reported, Governor Charlie Baker issued an Executive Order at the beginning of June that provides a detailed list of businesses and activities that fall into Phases II, III, and IV of the Commonwealth’s Re-Opening Plan. The Executive Order also permits all Phase II enterprises, including retail, to begin preparations to safely resume operation in advance of the start of the second phase. In addition to the retail sector, the Executive Order details further requirements for the safe resumption of amateur youth and adult sports and outdoor dining.

Of note, effective immediately, the Executive Order permits Phase II businesses to re-open their physical workplaces to workers only to conduct necessary preparations prior to the start of Phase II. Preparations include but are not limited to completing a COVID-19 Control Plan, implementing sector-specific protocols, and complying with Mandatory Workplace Safety Standards. Retail stores will transition from curbside pickup and delivery-only to browsing and in-store transactions with restrictions at the start of Phase II. Social distancing guidance requires each retail store to monitor customer entries and exits and limit occupancy at all times to either eight persons (including store staff) per 1,000 square feet of accessible, indoor space, or 40% of the retail store’s maximum permitted occupancy, whichever is greater.

Grocery stores and retail stores with pharmacy services must provide at least one hour of dedicated time for adults 60 years of age and older, while all stores are encouraged to offer exclusive hours or other accommodations for high-risk populations. For staffing, stores should adjust workplace hours and shifts, including leveraging staggered arrival/departure, to minimize contact across workers and to allow for on-going and off-hour sanitation and cleaning.

Stores should also conduct frequent disinfecting of heavy transit areas and high-touch surfaces.

JUNE, 2020

Operators of enclosed shopping malls and other indoor, multi-tenant retail spaces must monitor customer and worker entries and exits to common areas and limit occupancy of common areas at all times to 40% of maximum permitted occupancy levels. Mall amenities like seating in food courts, children’s play areas, and arcades must remain closed, while mall food vendors and restaurants may only provide takeout or delivery service.

Once Phase II begins, the new standards will apply to all retail businesses except for Farmers’ Markets, which shall continue to be governed by Massachusetts Department of Public Health guidance.

These standards will supersede and replace existing Department of Public Health guidance governing grocery stores and pharmacies.

The Executive Order also allows organizers of amateur sports programs for youths and adults to open their premises to staff only to make preparations in advance of the start of Phase II. In addition to requiring generally applicable COVID-19 workplace standards, the Order specifies that during Phase II organized sports programs will operate under the following provisions: Restricting the use of indoor athletic facilities to supervised sports programs and sports camps for youths under the age of 18. Further sector-specific guidance for youth and adult amateur sports programs will be issued in the coming days. Lastly, the Order permits restaurants to provide outdoor dining service with restrictions upon the start of Phase II; providing continued positive progression of public health data, indoor dining may be authorized by a subsequent order during Phase II. To access information about the Baker-Polito Administration’s plan for re-opening, please visit: www. mass.gov/reopening. continued on page 9

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Legislative Update continued from page 7

T

Leading Economic Policy Group Updates FY21 Budget Forecast

he Massachusetts Taxpayers Foundation (MTF), in a report posted to its website, recently downgraded its fiscal year 2021 tax revenue forecast to reflect a loss of $6 billion. This represents a nearly 20% decline from the $31.15 billion consensus benchmark. At 20%, the revised forecast places Massachusetts towards the higher end of preliminary estimates of revenue losses among all states for fiscal year 2021. In an effort to determine how long before Massachusetts tax revenues are restored to pre-pandemic levels, the MTF specifically examined past recessions.

In particular, following the recessions of 2002 and 2009, it took three years for state tax revenues to recover to pre-recession levels, straining the Commonwealth’s operating budgets during that period.

Given the steep and widespread decline in fiscal year 2021 tax revenues, the MTF asserts that it will take at least as long to recover as the two previous recessions. Key sectors of the Massachusetts economy, including health care, higher education, tourism, and

commercial real estate, will likely emerge from the pandemic fundamentally altered and those changes could further prolong the time it takes for the economy to bounce back.

According to the MTF report, ongoing adjustments to the economic picture will be necessary depending on the trajectory of the virus, the timing of a vaccine, the ability of the economy to regain traction. To address this budget shortfall, the Massachusetts Legislature is expected to look at a variety of measures including, but not limited to, additional federal funding, state reserves and, potentially, a reduction in services. The Commonwealth’s $3.4 billion Stabilization Fund, which is one of the strongest in the region, cannot bridge the entire funding gap alone.

To review the MTF report, please visit: https:// www.masstaxpayers.org/publications/public_finance/budget/fy_2020/20200527/massachusetts_ fiscal_challenges_could_last_years. continued on page 11

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Legislative Update continued from page 9

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As Data Shows Drop-Off in Water Usage, MWRA Reduces Proposed Rate Increase

he Massachusetts Water Resources Authorbusinesses shuttered and Boston and Waltham, both ity (MWRA) recently announced that due to home to large commercial districts, experienced the uncertain economic climate caused by the heavy drop-offs of 13.7% and 13.1%, respectively.

COVID-19 virus, the MWRA Board of Directors and Milton and Nahant have also used significantly less the MWRA Advisory Board have voted to reduce the water in their areas, with Nahant down 9.1% from an planned fiscal year 2021 combined water and sewer average year. Not surprisingly, more residential areas increases to member communities by $29 million. like Stoneham, Swampscott, and Winthrop have all The MWRA Board also approved a recommendaseen double-digit percentage gains in their usage as tion by the MWRA Advisory Board to potentially defer people stay home from work and school, with StoneArea Boston over $71 million in community loan payments. ham showing a 16.7% gain.

Locations While the MWRA proposed a 3.6% increase in continued on page 13 February, with reductions to its op2 Dexter Street erating budget and capital financEverett, MA 02149 Boston Area Boston Area ing, the rate increase, which goes Locations Locations into effect July 1, 2020, was lowered 431 Second Street to 1.0%. As reported by the MWRA, Everett, MA 02149 2 Dexter Street 2 Dexter Street the proposed cuts will not result in

Everett, MA 02149 Everett, MA 02149 any loss of service. In addition to the reduction of the proposed rate in431 Second Street 431 Second Street crease, the MWRA announced that Everett, MA 02149 Everett, MA 02149 it has received $891,535 from the BOSTON AREA LOCATIONS

Commonwealth from the Massa 100 Fremont Street 2 Dexter Street 431 Second Street chusetts Department of Revenue’s Worcester, 01603 Everett, MAMA 02149 Everett, MA 02149 Debt Service Assistance Program.

The program is intended to provide relief to communities paying off sewer projects, including the cleanup of Boston Harbor. This year, the funding will be used to reduce each communities’ June 2020 assessment downward by their share of the program funding.

Finally, the MWRA approved a Minichiello Bros./Scrap-It, Inc., recommendation from the MWRA Minichiello Bros./Scrap-It, Inc. Advisory Board to allow communiServes 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, ties to defer payments on any Lo- over 2500 buyers, sellers, and processors of scrap metal.

Forour overgoal 60 years goal sellers and processors of scrap metal. For over 60 years has our remained cal Water Pipeline and Infiltration/ remained the same - to in provide the best along prices in thetop industry along with the same - tohas provide the best prices the industry with notch Inflow loans with repayments due service! top notch service!

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Legislative Update continued from page 11

A

City of Worcester Also Looks to Provide Potential Rate Relief

ccording to an article in the Worcester Telegram & Gazette published at the end of May, the City of Worcester is seeking to hold the line on any significant increase to its water and sewer rates. In most years, both the water and sewer-use rates have both gone up, while in the past three years only the sewer rate has increased. That has resulted in smaller annual bill increases for water users, but they are increases, nonetheless.

This year, residents and businesses in Worcester may find themselves paying about the same next fiscal year, provided they do not significantly increase their water usage. To achieve this goal, the City of Worcester has recommended holding the water rate next fiscal year at $3.67 per hundred cubic feet - the same rate it has been the previous three years, while increasing the sewer-use rate by only 35 cents to $8.15 per hundred cubic feet.

As reported by the City of Worcester, when the water rate is coupled with the recommended increase to the sewer-use rate, it means the average annual combined cost of water and sewer services for the average single-family home would increase by $17.41, or 2.83%, based on the average usage of 62

hundred cubic feet of water. In proposing the relatively small increase, City Manager Edward M. Augustus Jr. stated that the rates recommended by the administration reflect only the minimum increase that is necessary to maintain solvency in both utilities. The decision was based on current economic conditions caused by the COVID-19 pandemic.

While portions of the Worcester City Council have sought to use reserve funds to address water and sewer rate stabilization, City of Worcester officials expressed concern due to the reduced usage of water and sewer services due to COVID-19. For example, the City’s sewer department is expected to go through its $2.8 million reserves by the end of this fiscal year because of an anticipated shortfall resulting, in part, from an 80% reduction in sewer use in the commercial sector because of COVID-19. As other municipalities have noted, reduced water and sewer usage has forced cities and towns to account for reduced revenues.

For more information on the City of Worcester water resource management plans, please visit: http:// www.worcesterma.gov/worcester-waters/worcesters-water-resources. continued on page 15

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• 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.

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• 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.

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Legislative Update continued from page 13

Coalition Advocates for Expansion of Paid Sick Time; Employer Organizations Urge Caution

T

he Joint Committee on Labor and Workforce Development recently took testimony on legislation filed by Representative Paul Donato and Senator Jason Lewis that would provide 10 additional work days, or 80 hours, of job-protected, paid sick time for immediate use during the COVID-19 pandemic, for workers who were not covered under the extra sick time provisions of the federal Families First Coronavirus Response Act. The legislation (HB4700 / SB2701), supported by the Raise Up coalition, has 81 sponsors in the House and 23 in the Senate. Under the legislation, workers taking the emergency sick time would be paid by their employers at their regular rate, up to $850 a week. The employers would be reimbursed by the Commonwealth unless the employer was receiving certain federal tax relief. While the sick time provision would be available for workers diagnosed with COVID-19, experiencing symptoms and waiting for a diagnosis, quarantining, or who reasonably believe their health is at risk, and to care for family members in any of those categories, the legislation would extend to any declared state of emergency.

UCANE, in addition to a number of other business and employer organizations, submitted testimony asking the Committee to take a closer look at the legislation given its far reaching impact. Of note, UCANE testified that: “While ostensibly filed as providing relief for employees in light of the current COVID-19 pandemic, the legislation could have far more reach, extending to any declared state of emergency. Given everything that has hit both employers and employees during these incredibly difficult times, now is not the time to pass legislation governing current or future states of emergency without a closer review as to the impacts on employers and employees alike. While there are certainly financial impacts of this legislation, the bill also creates a series of recordkeeping and notice provisions. As well, the legislation would provide a private right of action for employees and would impose mandatory triple damages under the Massachusetts Wage Act for any employer mistakes, regardless of how minor or whether they were made in good faith.

There are simply too many pieces to this legislation that could harm both employers and employees without an extensive review of these matters.

During these incredibly unique times, UCANE has worked to ensure that its members and their employees are protected from exposure to COVID-19 and, to JUNE, 2020

the degree possible, that companies are able to financially withstand this crisis. Already, the COVID-19 pandemic has threatened the future of many construction firms throughout the Commonwealth. Adding a series of new financial and administrative responsibilities at this time will simply be the tipping point that puts firms out of business. HB4700, while well-intentioned, should not be passed without a significant study of the impacts of the legislation and, frankly, the impact of the COVID-19 pandemic overall – something that cannot happen while we are in the midst of it.”

The Joint Committee on Labor and Workforce Development, which has not voted on the measure yet, issued an extension order until July in early June.

At the moment, there is no indication as to whether the Speaker of the House or Senate President will push the legislation to the floor. Likewise, Governor Charlie Baker has not indicated his position on the matter if it were to arrive on his desk.

To review the legislation, please visit: https:// malegislature.gov/Bills/191/H4700 continued on page 17

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Legislative Update continued from page 15

Baker-Polito Administration Announces New Undersecretary of Energy

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ccording to a press release from the Massachusetts Executive Office of Energy and Environmental Affairs (EEA), Secretary Kathleen Theoharides recently appointed Ms. Judy Chang as EEA’s Undersecretary of Energy. Ms. Chang replaces Mr. Patrick Woodcock, who held the position before being appointed Commissioner of the Department of Energy Resources (DOER) in February 2020.

In her role, Undersecretary Chang will advise Secretary Theoharides on the development and implementation of energy policy in the Commonwealth to achieve the Administration’s ambitious climate goals, protect ratepayers, and provide a diverse, resilient and safe energy portfolio.

Ms. Chang is an energy economist and policy expert with a background in electrical engineering and over 20 years of experience in advising clients in planning, including improving designs for wholesale electricity markets; developing transmission and generation projects; and organizational/corporate strategic planning. Before joining EEA, she was the co-lead of The Brattle Group’s Energy Sector Consulting practice and is a founding Director of New England Women in Energy and the Environment. n

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Construction & Public Contracts Group, Hinckley Allen, LLP

Christopher Morog Partner

Robert T. Ferguson Partner

Bid Omissions and Bidder Responsibility First and foremost, we hope you and your families remain safe and healthy during this uncertain time. During the COVID-19 pandemic, the Bid Unit of the Massachusetts Office of the Attorney General (the “Bid Unit”) has continued to investigate bid issues and publish bid protest decisions. In two recent decisions, the Bid Unit addressed deviations from non-statutory bid requirements. The awarding authorities in both cases had rejected bids on grounds that the bids failed to include certain documents. The Bid Unit determined that the awarding authority acted arbitrarily in one case, but sided with the awarding authority in the other. The different outcomes can be chalked up to the types of documents in question and the reasons for their inclusion in the bidding process.

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he first case arose out of a re-bid for a municipal project involving the construction of a floating dock. Among other things, the awarding authority’s initial invitation to bid required bidders to include a bound copy of the bid documents with their bids. Although the awarding authority had created a scoring metric based, in part, on several documents required at bid time, the scoring metric did not reference the bound bid document requirement. Seven bidders submitted bids. The awarding authority rejected six of the bidders due to “missing documentation.” The awarding authority rejected the seventh bidder because its bid exceeded the awarding authority’s budget.

Having rejected all bidders, the awarding authority re-bid the Project through a second procurement.

This time, the awarding authority’s scoring metric included the bound bid document requirement. Five bidders submitted bids, but the lowest apparent bidder did not include a bound copy of the complete bid documents with its bid. When the awarding authority rejected the low bid on the basis of this omission, the low bidder challenged the decision as arbitrary.

The awarding authority argued that, in order to maintain the integrity of the bidding process, it had JUNE, 2020

the right to impose non-statutory bidding requirements and reject bidders who did not comply. The awarding authority further argued that waiving the “bound copy” requirement would harm the “integrity of the process.” The Bid Unit disagreed, stating that “[w]hile the preservation of the integrity of the bid process is a legitimate reason for not waiving this requirement, it is not a reason for the requirement itself.” In other words, there was no “reasonable” basis for the awarding authority to require bidders to submit bound copies of the bid documents in the first place. The Bid Unit noted that the awarding authority “did not ask the bidders to provide any documents that the [awarding authority] did not already have in its possession.” And submission of a bound copy of the awarding authority’s own bid documents did not assist the awarding continued on page 21

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Legal Corner continued from page 19

turned on the nature of the documents in question and their bearing on questions of bidder responsibility. Such considerations can be relevant in determining the effects of failures to comply with non-statutory bid requirements.

In any event, it is recommended that bidders endeavor to fully comply with the requirements of bid documents; otherwise, bidders risk rejection for noncompliance. To the extent that there is uncertainty concerning the requirements of a given set of bid documents, bidders may consider submitting a pre-bid question.

This article was also co-written by Molly E. Manson, Esq. n

authority in assessing bidder responsibility. In these circumstances, and since the bid documents expressly permitted correction of “minor informalities,” the Bid Unit allowed the protest, concluding that the awarding authority arbitrarily declined to permit correction of the low bidder’s omission.

The second case arose out of a municipal project involving a water, sewerage and drainage improvements project. The awarding authority issued the bid documents through its website. In order to download the bid documents, bidders acknowledged that a signed Certificate of State Tax Compliance (“Certificate”) was required to be submitted with the bid, or the bid would be rejected. Five bidders responded and submitted bids.

Upon review, the awarding authority determined that the lowest apparent bidder failed to include the signed Certificate with its bid. As a result, the awarding authorCrushed Stone & State Specified Dense Graded Base ity rejected the apparent lowest bidder and awarded the Manufacturer & Installer of Bituminous Concrete Products: project to the next bidder. A protest ensued.

M.B.S. Construction Services/Paving Among other things, the protestor argued that its Holden Trap Rock Co. Berlin Stone Co. failure to submit the signed Certificate did not supply 2077 N. Main Street 332 Sawyer Hill Rd. a valid reason for rejecting its bid. The Bid Unit dis(Route 122 A) (off Rt. 62 & 495) agreed. Distinguishing the facts of the first case, the Holden, MA 01520 Berlin, MA 01503 Tel: 508-829-5353 Tel: 978-838-9999 Bid Unit concluded that there was a reasonable baFax: 508-829-9346 Fax: 978-838-9916 sis for the awarding authority to include the “signed Certificate” requirement in the bid documents. That is, there was a “reasonable nexus” between the “signed Certificate” requirement Water Works Specialist and the awarding authority’s purJohn Hoadl pose in including the requirement, Water Works Specialist Tel:781-878-8098 Fax:781-878-5298 Water Works Spe namely: to assist in determining Tel:781-878-8098 Tel: 781-878-8098 Fax: 781-878-5298 bidder responsibility. In these circumstances, the Bid Unit “Our upheldProducts Are the Most Trusted Names in the Industry” “OurIndustry” Products Are the Most Trusted N “Our Products Are the Most Trusted Names in the � U.S. Pipe ● Cultec the awarding authority’s rejection � U.S. Pipe ● Cultec Chambers � Mueller Fire Hydrants ● Nation • U.S. Pipe • Cultec Chambers and denied the protest.

Mueller Tapping Sleeves & Valves ● ADS P � Mueller Fire Pipe & Plastics • Hydrants Mueller Fire Hydrants ● National • National Pipe�� &Smith Plastics Blair Clamps & Couplings ● Genera In both cases, the Bid Unit � Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers • Mueller Tapping Sleeves & • &ADS Pipe & Chambers Mechanical Services considered whether there was � Tapping Sleeves & Gates Installed • Clamps Smith & Blair Clamps & Couplings • General Foundry Castings � Smith Blair Couplings ● General Foundry Castings

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a reasonable nexus between � Line Stop / EZ Valves Mechanical Services � Cutting of Chilled Water Lines & the awarding authority’s nonMechanical Services � Pressure Testing & Disinfection o � Tapping Sleeves & Gates Installed / Cut statutory requirement and the � Installation & Testing of Backflow • Tapping Sleeves & Gates Installed / Cut objective sought by the award� Large Diameter Hydraulic Pipe C � Line Stop / EZ Valves • Line Stop / EZ Valves � Hydrant Installation & Repair ing authority in imposing the � Cutting ChilledWater WaterLines Lines&&Steam SteamLines Lines � Electronic Leak Detection • Cutting of of Chilled requirement. To make this “Water-Sewer-Drain Supplies at a Com • Pressure Testing &&Disinfection ofofNew Mains � Pressure Testing Disinfection New Mains determination, the Bid Unit’s www.hoadleyandsons.com • Installation && Testing ofof Backflow � Installation Testing BackflowPreventers Preventers 24 24Hours Hours672 Union Street Rockland, MA analysis in both cases fo• Large Diameter Hydraulic Pipe Cutting Sales& Service Sales & Service cused on whether the required � Large Diameter Hydraulic Pipe Cutting • Hydrant Installation & Repair Serving allall ofof Serving documents served the rea� Hydrant Leak Installation & Repair New • Electronic Detection NewEngland England sonable purpose of assisting � Electronic Leak Detection the awarding authority in as“Water-Sewer-Drain Supplies at Supplies a Competitive Price” Price” “Water-Sewer-Drain at a Competitive sessing bidder responsibility. www.hoadleyandsons.com www.hoadleyandsons.com Thus, although the cases generally involved a similar fac672 Union Street MA Rockland, 672 Union Street Rockland, 02370MA 02370 tual backdrop, their outcomes JUNE, 2020

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OCTOBER, 2017

CONSTRUCTION CONSTRUCTION

MA MA Safety Safety Standards Standards MANDATORY MANDATORY SAFETY STANDARDS SAFETY STANDARDS A site-specific COVID-19 Officer (who may also be the Health and Safety Officer) shall be designated for every site except as provided below COVID-19 for construction and remodeling A site-specific Officer (who may alsoin be1-3 thefamily Healthresidences and Safety Officer) shall be designated for every site except as provided below for construction and remodeling in 1-3 family residences Except as provided below for construction and remodeling in 1-3 family residences, the Contractor’s site-specific project COVID-19 Officer shall submit a written daily report to the Owner's Representative.

TheContractor’s COVID-19 Officer shall certify Except as provided below for construction and remodeling in 1-3 family residences, the site-specific projectthat the contractor and all subcontractors are in full report compliance sections B to D, inclusive “COVID-19 Construction COVID-19 Officer shall submit a written daily to thewith Owner's Representative.

The(the COVID-19 Officer shall certify that Guidance”) the contractor and all subcontractors are in full compliance with sections B to D, inclusive (the “COVID-19 Construction A. ENFORCEMENT Safety Safety Guidance”) A. ENFORCEMENT AND OVERSIGHT For large, complicated construction projects a city or town may additionally require the Owner to develop and submit a siteAND OVERSIGHT specific riskcomplicated analysis andconstruction enhanced COVID-19 may include require additional to address risks a siteFor large, projects asafety city orplan, townwhich may additionally therequirements Owner to develop and submit specific theanalysis project and or type of project.

The citysafety or town shall review approve such plan and may require such risks projects specifictorisk enhanced COVID-19 plan, which mayand include additional requirements to address tospecific pause construction suchofaproject. risk analysis andor plan is submitted and approved. suchand an enhanced COVID-19 to the projectuntil or type The city town shall review and approveOnce such plan may require such projects safety planconstruction is approved,until a violation the plan shall treated the same asapproved. a violationOnce of thesuch COVID-19 Construction Safety to pause such a of risk analysis andbe plan is submitted and an enhanced COVID-19 Guidance safety plan is approved, a violation of the plan shall be treated the same as a violation of the COVID-19 Construction Safety Guidance For all projects undertaken, managed or funded by a state agency or authority there shall be joint enforcement responsibility between the project’s public Owner andorthe city or where theor project is located.

The Owner a public project has the For all projects undertaken, managed funded bytown a state agency authority there shall be jointofenforcement responsibility lead responsibility for compliance andand enforcement frequent on-site inspections an employee or contractor between the project’s public Owner the city or including town where the project is located.

Theby Owner of a public project hasof the the state agency or authority who isand familiar with the including COVID-19 Construction Guidance and is authorized to enforce lead responsibility for compliance enforcement frequent on-siteSafety inspections by an employee or contractor of that and or shut down work site ifwith violations are found.

The Owner Safety of the project is required to notify the the guidance state agency authority whoat is the familiar the COVID-19 Construction Guidance and is authorized to enforce municipality where the work taking whenever a siteare is shut down of anyofviolations of is the COVID-19 Construction that guidance and shut downiswork atplace the site if violations found.

Theor Owner the project required to notify the Safety Guidance and the the work resulting corrective action plan, as well as todown provide of the COVID-19 Officer’s Construction written daily municipality where is taking place whenever a site is shut or ofcopies any violations of the COVID-19 reports request. the public Owner action has theplan, leadas responsibility for enforcement, cities and towns retainwritten the Safety upon Guidance and While the resulting corrective well as to provide copies of the COVID-19 Officer’s daily authority to take enforcement action against public projects found not in compliance with the COVID-19 Construction reports upon request.

While the public Owner has the lead responsibility for enforcement, cities and towns retain the Safety Guidance, the authority to order the projects project to shut not down until a corrective action plan is developed, authority to takeincluding enforcement action against public found in compliance with the COVID-19 Construction approved and implemented Safety Guidance, including the authority to order the project to shut down until a corrective action plan is developed, approved and implemented Cities and towns are authorized to enforce the COVID-19 Construction Safety Guidance using their public health staff, building inspectors or authorized any other appropriate official or contractor Cities and towns are to enforce the COVID-19 Construction Safety Guidance using their public health staff, building inspectors or any other appropriate official or contractor Cities and towns may enforce the safety and distance protocols including, if multiple violations are found, requiring the Owner / or Contractor to safely secure thedistance site andprotocols pause construction a corrective action plan is the Cities and towns may enforce the safety and including, ifactivities multipleuntil violations are found, requiring prepared, submitted and approved bysecure the citythe orsite town Owner and / or Contractor to safely and pause construction activities until a corrective action plan is prepared, submitted and approved by the city or town The city or town may require the Owner of a large, complicated private project to pay for an independent, third party inspector or town inspection firm (orthe to pay intoofa apool to pay for such inspections).

The party inspector shallthird be accountable The city or may require Owner large, complicated private project tothird pay for an independent, party solely to theorcity or townfirm and (or shall responsible enforcement on behalf of The the city orparty town.inspector A city or shall townbe may require inspector inspection tobe pay into a poolfor to pay for such inspections). third accountable private projects toor pause until such a third-party inspector has been secured solely to the city townconstruction and shall be responsible for enforcement on behalf of the city or town. A city or town may require private projects to pause construction until such a third-party inspector has been secured

B. EMPLOYEE B. EMPLOYEE HEALTH HEALTH PROTECTION PROTECTION

JUNE,

ZERO TOLERANCE FOR SICK WORKERS REPORTING TO WORK. IF YOU ARE SICK, STAY HOME! IF YOU FEEL SICK, GO HOME! IF YOU SEE SOMEONE SICK, SENDREPORTING THEM HOME! ZERO TOLERANCE FOR SICK WORKERS TO WORK. IF YOU ARE SICK, STAY HOME! IF YOU FEEL SICK, GO HOME! IF YOU SEE SOMEONE SICK, SEND THEM HOME! If you are exhibiting any of the symptoms below, you are to report this to your supervisor (via phone, text or email) right away, homeany from site or stay home if already therethis to your supervisor (via phone, text or email) right If youand arehead exhibiting ofthe thejob symptoms below, you are to report away, and head home from the job site or stay home if already there If you notice a co-worker showing signs or complaining about such symptoms, he or she should be directed to their supervisor (viaaphone, textshowing or email)signs and asked to leave the project immediately If you notice co-worker or complaining about suchsite symptoms, he or she should be directed to their supervisor (via phone, text or email) and asked to leave the project site immediately COVID-19 Typical Symptoms include fever, cough, shortness of breath and sore throat COVID-19 Typical Symptoms include fever, cough, shortness of breath and sore throat Self-certify prior to shift continued on page 27 Self-certify prior to shift Prior to starting a shift, each employee will self-certify to their supervisor that they: Prior to starting a shift, each employee will self-certify to their supervisor that they: • Have no signs of a fever or a measured temperature above 100.3 degrees or greater, a cough or trouble breathing within 2020 • the 25 within “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” past hours Have no24 signs of a fever or a measured temperature above 100.3 degrees or greater, a cough or trouble breathing the past 24 hours • Have not had "close contact" with an individual diagnosed with COVID-19. “Close contact” means living in the same

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JUNE, 2020

OYEE

If you notice a co-worker showing signs or complaining about such symptoms, he or she should be directed to their supervisor (via phone, text or email) and asked to leave the project site immediately

TION

COVID-19 Typical Symptoms include fever, cough, shortness of breath and sore throat MA Safety Standards continued from page 25 Self-certify prior to shift

TRUCTION

Prior to starting a shift, each employee will self-certify to their supervisor that they:

A Safety Standards

OYEE

TION

• Have no signs of a fever or a measured temperature above 100.3 degrees or greater, a cough or trouble breathing within the past 24 hours • Have not had "close contact" with an individual diagnosed with COVID-19. “Close contact” means living in the same household as a person who has tested positive for COVID-19, caring for a person who has tested positive for COVID-19, being within 6 feet of a person who has tested positive for COVID-19 for about 15 minutes, or coming in direct contact with secretions (e.g., sharing utensils, being coughed on) from a person who has tested positive for COVID-19, while that person was symptomatic

MANDATORY • Have not been asked to self-isolate or quarantine by their doctor or a local public health official SAFETY STANDARDS Employees exhibiting symptoms or unable to self-certify should be directed to leave the work site and seek medical attention and applicable testing by their health care provider. They are not to return to the work site until cleared by a medical professional General On-the-Job Guidance to Prevent Exposure & Limit the Transmission of the Virus • No handshaking • Wash hands often with soap for at least 20 seconds or use an alcohol-based hand sanitizer with at least 60% ethanol or 70% isopropanol • Contractor and State Agency Field Offices are locked down to all but authorized personnel • Each jobsite should develop cleaning and decontamination procedures that are posted and shared. These Procedures must cover all areas including trailers, gates, equipment, vehicles, etc. and shall be posted at all entry points to the sites, and throughout the project site • A "No Congregation" policy is in effect, individuals must implement social distancing by maintaining a minimum distance of 6-feet from other individuals continued on page

29

• Avoid face to face meetings – critical situations requiring in-person discussion must follow social distancing • Conduct all meetings via conference calls, if possible. Do not convene meetings of more than 10 people. Recommend use of cell phones, texting, web meeting sites and conference calls for project discussion • All individual work crew meetings / tailgate talks should be held outside and follow social distancing • Please keep all crews a minimum of 6 feet apart at all times to eliminate the potential of cross contamination • At each job briefing / tool box talk, employees are asked if they are experiencing any symptoms, and are sent home if they are • Each jobsite should have laminated COVID-19 safety guidelines and handwashing instructions • All restroom facilities / porta-potties should be cleaned and handwashing stations must be provided with soap, hand sanitizer and paper towels • All surfaces should be regularly cleaned, including surfaces, door handles, laptops, etc.

• All common areas and meeting areas are to be regularly cleaned and disinfected at least once a day but preferably twice a day • Be sure to use your own water bottle, and do not share • To avoid external contamination, we recommend everyone bring food from home • Please maintain Social Distancing separation during breaks and lunch • Cover coughing or sneezing with a tissue, then throw the tissue in the trash and wash hands, if no tissue is available then cough into your elbow • Avoid touching eyes, nose, and mouth with your hands • To avoid sharing germs, please clean up after Yourself. DO NOT make others responsible for moving, unpacking and packing up your personal belongings • If you or a family member is feeling ill, stay home!

Work Site Risk Prevention Practices

JUNE, 2020

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

• At the start of each shift, confirm with all employees that they are healthy

27

TION

must cover all areas including trailers, gates, equipment, vehicles, etc. and shall be posted at all entry points to the sites, and throughout the project site • A "No Congregation" policy is in effect, individuals must implement social distancing by maintaining a minimum distance

of 6-feet other individuals MA Safetyfrom Standards continued from page 27

• Avoid face to face meetings – critical situations requiring in-person discussion must follow social distancing • Conduct all meetings via conference calls, if possible. Do not convene meetings of more than 10 people. Recommend use of cell phones, texting, web meeting sites and conference calls for project discussion • All individual work crew meetings / tailgate talks should be held outside and follow social distancing • Please keep all crews a minimum of 6 feet apart at all times to eliminate the potential of cross contamination • At each job briefing / tool box talk, employees are asked if they are experiencing any symptoms, and are sent home if they are • Each jobsite should have laminated COVID-19 safety guidelines and handwashing instructions • All restroom facilities / porta-potties should be cleaned and handwashing stations must be provided with soap, hand sanitizer and paper towels • All surfaces should be regularly cleaned, including surfaces, door handles, laptops, etc.

• All common areas and meeting areas are to be regularly cleaned and disinfected at least once a day but preferably twice a day • Be sure to use your own water bottle, and do not share • To avoid external contamination, we recommend everyone bring food from home • Please maintain Social Distancing separation during breaks and lunch • Cover coughing or sneezing with a tissue, then throw the tissue in the trash and wash hands, if no tissue is available then cough into your elbow • Avoid touching eyes, nose, and mouth with your hands

continued • To avoid sharing germs, please clean up after Yourself. DO NOT make others responsible for moving, unpacking and on page 30 packing up your personal belongings • If you or a family member is feeling ill, stay home!

SIMPLE SOLUTIONS FOR COMPLEX WATER MANAGEMENT NEEDS

Work Site Risk Prevention Practices

• At the start of each shift, confirm with all employees that they are healthy • We will have a 100% glove policy from today going forward. All construction workers will be required to wear cutresistant gloves or the equivalent • Use of eye protection (safety goggles / face shields) is recommended • In work conditions where required social distancing is impossible to achieve affected employees shall be supplied PPE including as appropriate a standard face mask, gloves, and eye protection • All employees should drive to work site / parking area in a single occupant vehicle. Contractors / State staff should not ride together in the same vehicle • When entering a machine or vehicle which you are not sure you were the last person to enter, make sure that you wipe down the interior and door handles with disinfectant prior to entry • In instances where it is possible, workers should maintain separation of 6 feet from each other per CDC guidelines

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29

• Cover coughing or sneezing with a tissue, then throw the tissue in the trash and wash hands, if no tissue is available then • Avoid nose, and mouth with your hands cough touching into youreyes, elbow •• To avoid sharingeyes, germs, please upwith after Yourself.

Avoid touching nose, and clean mouth your hands DO NOT make others responsible for moving, unpacking and MA Safety Standards continued from page 29 packing up your personal belongings • To avoid sharing germs, please clean up after Yourself. DO NOT make others responsible for moving, unpacking and • If you orup a family member belongings is feeling ill, stay home! packing your personal • If you or a family member is feeling ill, stay home!

Work Site Risk Prevention Practices •Work At the each shift, Practices confirm with all employees that they are healthy Sitestart RiskofPrevention TRUCTION •• We willstart haveofa each 100%shift, glove policy with fromall today going forward.

Allare construction At the confirm employees that they healthy workers will be required to wear cutresistant gloves or the equivalent • We will have a 100% glove policy from today going forward. All construction workers will be required to wear cut• Use of eyegloves protection goggles / face shields) is recommended resistant or the(safety equivalent

A Safety Standards

•• In work conditions where required social distancing is recommended impossible to achieve affected employees shall be supplied PPE Use of eye protection (safety goggles / face shields) is including as appropriate a standard face mask, gloves, and eye protection • In work conditions where required social distancing is impossible to achieve affected employees shall be supplied PPE • All employees should drive to work site parking area in a single occupant vehicle. Contractors / State staff should not including as appropriate a standard face/ mask, gloves, and eye protection ride together in the same vehicle • All employees should drive to work site / parking area in a single occupant vehicle. Contractors / State staff should not • When entering machine or vehicle which you are not sure you were the last person to enter, make sure that you wipe ride together inathe same vehicle down the interior and door handles with disinfectant prior to entry • When entering a machine or vehicle which you are not sure you were the last person to enter, make sure that you wipe • In instances whereand it isdoor possible, workers should maintain down the interior handles with disinfectant priorseparation to entry of 6 feet from each other per CDC guidelines

MANDATORY SAFETY STANDARDS

•• • •

Multi personwhere activities be limited where feasible (two person lifting In instances it is will possible, workers should maintain separation of activities) 6 feet from each other per CDC guidelines Large gathering places on the site such as shacks and break areas will be eliminated and instead small break areas will be Multiwith person activities willtobe limited where feasible (two person lifting activities) used seating limited ensure social distancing

• Contact the cleaning person for your office trailer or office space and ensure they have proper COVID- 19 sanitation processes. Increase their cleaning visits to daily

OYEE

• Clean all high contact surfaces a minimum of twice a day in order to minimize the spread of germs in areas that people continued on page 31 touch frequently. This includes but is not limited to desks, laptops and vehicles

TION

Wash Stations • All site-specific projects with outside construction sites without ready access to an indoor bathroom MUST install Wash Stations

Bioretention Soil? Who makes that?

• Install hand wash stations with hot water, if possible, and soap at fire hydrants or other water sources to be used for frequent handwashing for all onsite employees

Stabilized stonedust? Who makes that?

• All onsite workers must help to maintain and keep stations clean • If a worker notices soap or towels are running low or out, immediately notify supervisors • Garbage barrels will be placed next to the hand wash station for disposal of tissues / towels

CU-Structural soil? Who makes that?

Do all you can to maintain your good health by: getting adequate sleep; eating a balanced, healthy diet, avoid alcohol; and consume plenty of fluids Please Note: This document is not intended to replace any formalized procedures currently in place with the General Contractor

Green roof soil? Who makes that?

Where these guidance does not meet or exceed the standards put forth by the General Contractor, everyone shall abide by the most stringent procedure available A site-specific COVID-19 Officer (who may also be the Health and Safety Officer) shall be designated for every site

Reinforced soil? Who makes that?

The Contractor’s site specific project COVID-19 Officer shall submit a written daily report to the Owner’s Representative.

The COVID-19 Officer shall certify that the contractor and all subcontractors are in full compliance with these guidelines Any issue of non-compliance with these guidelines shall be a basis for the suspension of work. The contractor will be required to submit a corrective action plan detailing each issue of non-conformance and a plan to rectify the issue(s). The contractor will not be allowed to resume work until the plan is approved by the Owner. Any additional issues of non-conformance may be subject to action against the contractor's prequalification and certification status Limiting Exposures Workers should follow the General On-the-Job Guidance to Prevent Exposure & Limit the Transmission of the Virus of the COVID-19 Employee Health, protection, guidance and prevention guide In addition, Contractors should advise workers of best practice to limit1 exposures off the construction site Untitled-6

30

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

3/7/2016 3:49:21 PM

JUNE, 2020

When leaving a construction site for breaks, lunch, or other reasons are required to wash hands with soap for at least 20 seconds or use an alcohol-based hand sanitizer with at least 60% ethanol or 70% isopropanol before leaving the site and

• Contact the cleaning person for your office trailer or office space and ensure they have proper COVID- 19 sanitation processes. Increase their cleaning visits to daily • Clean all high contact surfaces a minimum of twice a day in order to minimize the spread of germs in areas that people

OYEE

MA Safety Standards continued page 30 touch frequently.

This includes but isfrom not limited to desks, laptops and vehicles

TION

Wash Stations

RUCTION

ELING IN ILY NCES

• All site-specific projects with outside construction sites without ready access to an indoor bathroom MUST install Wash Stations • Install hand wash stations with hot water, if possible, and soap at fire hydrants or other water sources to be used for frequent handwashing for all onsite employees • All onsite workers must help to maintain and keep stations clean • If a worker notices soap or towels are running low or out, immediately notify supervisors • Garbage barrels will be placed next to the hand wash station for disposal of tissues / towels Do all you can to maintain your good health by: getting adequate sleep; eating a balanced, healthy diet, avoid alcohol; and consume plenty of fluids Please Note: This document is not intended to replace any formalized procedures currently in place with the General Contractor Where these guidance does not meet or exceed the standards put forth by the General Contractor, everyone shall abide by the most stringent procedure available A site-specific COVID-19 Officer (who may also be the Health and Safety Officer) shall be designated for every site The Contractor’s site specific project COVID-19 Officer shall submit a written daily report to the Owner’s Representative.

The COVID-19 Officer shall certify that the contractor and all subcontractors are in full compliance with these guidelines Any issue of non-compliance with these guidelines shall be a basis for the suspension of work. The contractor will be required to submit a corrective action plan detailing each issue of non-conformance and a plan to rectify the issue(s). The contractor will not be allowed to resume work until the plan is approved by the Owner. Any additional issues of non-conformance may be subject to action against the contractor's prequalification and certification status

continued on page 33

Limiting Exposures

Workers should follow the General On-the-Job Guidance to Prevent Exposure & Limit the Transmission of the Virus of the COVID-19 Employee Health, protection, guidance and prevention guide In addition, Contractors should advise workers of best practice to limit exposures off the construction site When leaving a construction site for breaks, lunch, or other reasons are required to wash hands with soap for at least 20 seconds or use an alcohol-based hand sanitizer with at least 60% ethanol or 70% isopropanol before leaving the site and must maintain social distancing and wear face coverings if traveling to other locations off the construction site. Frequent use of handwashing or alcohol-based hand sanitizers should be encouraged and handwashing facilities and / or alcohol-based hand sanitizers should be made readily available at work sites

Asphalt Paving • Excavating / SiteDevelopment Development Asphalt Paving • Excavating • Site

For construction and remodeling work in 1-3 family residential constructions, section B shall be modified as follows:

HotHot MixMix Asphalt / Cold Patch Asphalt

• The contractor does not need to designate a site-specific COVID-19 Officer (who may also be the Health and Safety Officer) for every site if there are 5 or less workers at the site at any given time. Instead, the contractor may designate a COVID-19 Officer for all such small sites in a given city or town who shall be in daily contact with each of the sites to Lawrence-Lynch Corp.

White Bros. – Lynch Corp. ensure that the contractor and all subcontractors are in full compliance with this safety guidance. This COVID-19 safety officer shall a written daily report or 155 town•and make a copy of 02557 that report P.O.prepare Box 913 • Falmouth, MAcovering 02541 all the small sites in each P.O.city Box Oak Bluffs, MA available to a municipal official and / or the owner of the residence upon request

396 Gifford Street • Falmouth, MA 02540

20 Vineyard Ave. • Oak Bluffs, MA 02557

• If the project has restroom facilities / porta-potties they must be cleaned and handwashing stations must be provided with soap, hand and paper towels.

For outside construction sites without ready access to anFX bathroom, the PHsanitizer 508-548-1800 PH 508-693-0845 509-693-0312 • FX 508-457-1825 • indoor contractors must either install Wash Stations with hot water, if possible, and soap at fire hydrants or other water sources to be used for frequent handwashing for all onsite employees or provide each employee and subcontractor with a sufficient quantity of hand sanitizer to allow for frequent handwashing

Visit our website @ www.lawrencelynch.com

JUNE, 2020

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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Any issue of non-compliance with these guidelines shall be a basis for the suspension of work. The contractor will be required Contractor’s site specific project Officer shall submit a written daily report the Owner’s Representative.

Any issue of non-compliance withCOVID-19 these shall be a of basis fortothe suspension work. contractor will be required toThe submit a corrective action plan guidelines detailing each issue non-conformance and of a plan toThe rectify the issue(s).

The contractor The COVID-19 Officer shall certify that the contractor and all subcontractors are in full compliance with these guidelines to submit corrective action plan detailing each issue and a plan rectify the issue(s).

The contractor may will anot be allowed to resume work until the planofisnon-conformance approved by the Owner.

Anytoadditional issues of non-conformance Any allowed issue of non-compliance with these guidelines shall be a basis for the suspension of work.

The contractor will be required will not resume work until the plan isprequalification approved by the Owner.

Any additional bebe to to action against the contractor's status issues of non-conformance may tosubject submit a corrective action plan detailing each issue of non-conformance and a plan to and rectifycertification the issue(s). The contractor be subject to action against the contractor's prequalification and certification status will not be allowed to resume work until the plan is approved by the Owner.

Any additional issues of non-conformance may MA Safety Standards continued from page 31 be subject Exposures to action against the contractor's prequalification and certification status Limiting LimitingLimiting Exposures Exposures Workers should follow the General On-the-Job Guidance to Prevent Exposure & Limit the Transmission of the Virus of the Workers should follow the General On-the-Job Guidance to Prevent Exposure & Limit the Transmission of the Virus of the Workers should follow the General Guidance to Prevent Exposure & Limit the Transmission of the Virus of the COVID-19 Employee Health, On-the-Job protection, guidance COVID-19 Employee Health, protection, guidance and prevention guide and prevention guide COVID-19 Employee Health, protection, guidance and prevention guide In addition, Contractors should advise workers of best practice to limit exposures off the construction site In addition, Contractors should advise workers of best practice to limit exposures off the construction site WhenContractors leaving a construction site foradvise breaks, lunch, or otherof reasons required toto wash hands with soap for at least 20 construction site In addition, should workers bestare practice limit exposures off the seconds or use an alcohol-based hand sanitizer with at least 60% ethanol or 70% isopropanol before leaving the site and When leaving a construction site for breaks, lunch, or other reasons are required to wash hands with soap for at least 20 must maintain social distancing and wear face coverings if traveling to other locations off the construction site. Frequent use When seconds leaving aor construction site breaks, lunch, or with other reasons are required to70% wash hands withbefore soap for at least of handwashing or alcohol-based handfor sanitizers should be encouraged andat handwashing facilities and / oror alcohol-based use an alcohol-based hand sanitizer least 60% ethanol isopropanol leaving the20 site and hand sanitizers should be made readily available at work sites seconds or use an alcohol-based hand sanitizer with at least 60% ethanol or 70% isopropanol before leaving the site must maintain social distancing and wear face coverings if traveling to other locations off the construction site.and Frequent use must maintain social distancing and wear facesanitizers coveringsshould if traveling to other locations off the construction site.

Frequent use of handwashing or alcohol-based hand be encouraged and handwashing facilities and / or alcohol-based of handwashing or alcohol-based handreadily sanitizers shouldatbe encouraged and handwashing facilities and / or alcohol-based hand sanitizers should be made available work sites hand sanitizers should be made readily available at work sites For construction and remodeling work in 1-3 family residential constructions, section B shall be modified as follows: • The contractor does not need to designate a site-specific COVID-19 Officer (who may also be the Health and Safety Officer) for every site if there are 5 or less workers at the site at any given time. Instead, the contractor may designate a COVID-19 Officer for all such small sites in a given city or town who shall be in daily contact with each of the sites to ensure that the contractor and all subcontractors are in full compliance with this safety guidance. This COVID-19 safety shall prepare a written daily report covering all the small sites in each city or town and make a copy of that report C. CONSTRUCTION For officer construction and remodeling work family constructions, section available to a municipal official and / or the owner of in the1-3 residence uponresidential request

B shall be modified as follows:

AND For construction and remodeling work in 1-3 family residential constructions, section B shall be modified as follows: REMODELING IN If the project has restroom facilities / porta-potties they must be cleaned and handwashing stations must be provided with • • The contractor does not need to designate a site-specific COVID-19 Officer (who may also be the Health and Safety 1-3 FAMILY soap, hand sanitizer and paper towels. For outside construction sites without ready access to an indoor bathroom, the • The contractor does notsite need designate site-specific COVID-19 Officer (whotime. may also be the and Safety Officer) if to there are 5hot orawater, less workers atsoap theatsite at anyorgiven Instead, theHealth contractor may designate a contractorsfor mustevery either install Wash Stations with if possible, and fire hydrants other water sources RESIDENCES

tofor be used for frequent for5allor onsite employee andgiven subcontractor Officer) every site ifhandwashing there are lessemployees workers at theeach site at Instead, thecontact contractor a to COVID-19 Officer for all such small sites inoraprovide given city or any town whotime. shallwith beain daily withmay eachdesignate of the sites sufficient quantity of hand sanitizer to allow for frequent handwashing COVID-19 Officer forcontractor all such small in a given city or town who shall be inwith dailythis contact each ofThis the COVID-19 sites to ensure that the andsites all subcontractors are in full compliance safetywith guidance. safety ensureofficer that the contractor and all subcontractors are in full compliance withinthis safety guidance.

This COVID-19 safety shall prepare a written daily report covering all the small sites each city or town and make a copy of that report ONSTRUCTION officer shall prepare a written daily report covering all the small sites in each city or town and make a copy of that report available to a municipal official and / or the owner of the residence upon request RUCTION D available to a municipal official and / or the owner of the residence upon request MODELING IN • If the project has restroom facilities / porta-potties they must be cleaned and handwashing stations must be provided with ELING IN • If the project has restroom facilities porta-potties they must be cleaned and handwashing stations must be provided with FAMILY soap, hand sanitizer and paper/ towels.

For outside construction sites without ready access to an indoor bathroom, the MILY soap, hand sanitizer and paper towels.

For outside construction sites without ready access to an indoor bathroom, the contractors must either install Wash Stations with hot water, if possible, and soap at fire hydrants or other water sources IDENCES contractors mustfor either installhandwashing Wash Stations hot water, if possible, and soap atemployee fire hydrants other water sources NCES to be used frequent forwith all onsite employees or provide each andor subcontractor with a to be used for frequent handwashing for alltoonsite orhandwashing provide each employee and subcontractor with a sufficient quantity of hand sanitizer allowemployees for frequent sufficient quantity of hand sanitizer to allow for frequent handwashing

continued on page 34

NOW AVAILABLE: BOSTON GRAVEL PLANT LOCATION:

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DELIVERIES AVAILABLE ON LARGE ORDERS. PLEASE CALL FOR PRICING.

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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MANDATORY MANDATORY SAFETY STANDARDS SAFETY STANDARDS

MA Safety Standards continued from page 33 As stated above, there is a zero tolerance for sick workers reporting to work. Employees should be instructed that even those As stated above, there is a zero tolerance for sick workers reporting to work. Employees should be instructed that even those with mild symptoms of of respiratory infection (cough, shortness of breath, soreorthroat) or fever with mild symptoms respiratory infection (cough, shortness of breath, sore throat) fever should stay should off work.stay off work.

Contractors shallshall take immediate limit infections the job siteevent in the event thatdiscovered a workertodiscovered Contractors take immediate steps steps totolimit infections at theatjob site in the that a worker have tested to have tested positive for COVID-19 hasCOVID-19 COVID-19 related symptoms positive for COVID-19 ororhas related symptoms

D. WORKER WORKER INFECTION FECTION PROTOCOL

OTOCOL

Although it is understood thatcontractors contractors are enforcing Work Site Risk Practices including social distancing Although it is understood that are enforcing Work SitePrevention Risk Prevention Practices including social distancing rules and use of PPE, consistent with guidelines it is also recognized that there may be occasions where someone who has rules and use of PPE, consistent with guidelines it is also recognized that there may be occasions where someone who has tested positive for COVID-19 or who has COVID-19 symptoms has been present in a work area tested positive for COVID-19 or who has COVID-19 symptoms has been present in a work area Prompt identification and isolation of potentially infectious individuals is a critical step in protecting workers, vendors, visitors, and others at a worksite Prompt identification and isolation of potentially infectious individuals is a critical step in protecting workers, vendors, visitors, and others at a worksite Identification of Exposure

Identification of Exposure The Contractor shall direct workers with COVID-19 related symptoms to leave the jobsite immediately and contact their healthcare provider. The Massachusetts Department of Health (DPH) or a local board of health will make appropriate

The Contractor direct COVID-19 related symptoms to leave the jobsite immediately and contact their notificationsshall to those whoworkers had directwith prolonged contact with the COVID-19 positive workers healthcare provider. The Massachusetts Department of Health (DPH) or a local board of health will make appropriate The Contractor shall work with the local board of health to identify any potential job site exposures, including: notifications to those who had direct prolonged contact with the COVID-19 positive workers • Other workers, vendors, inspectors, or visitors to the work site with close contact to the individual

The Contractor shall work with the local board of health to identify any potential job site exposures, including: • Work areas such as supply cabinets and designated work stations or rooms

• Other workers, vendors, inspectors, or visitors to the work site with close contact to the individual • Work tools and equipment • Work areas such supply cabinets andtables, designated stations or rooms • Common areasas such as break rooms and vendingwork machines, and sanitary facilities Notification andequipment Quarantine Requirements • Work tools and As provided by law, the identity of the worker must be kept confidential

• Common areas such as break rooms and tables, vending machines, and sanitary facilities Upon learning of an infection, the contractor must immediately notify the designated COVID-19 safety officer, the site

Notification and Quarantine safety officer, and the ownerRequirements

Sanitation As provided byRequirements law, the identity of the worker must be kept confidential After a worker with COVID-19 related symptoms has been asked to leave the job site, the contractor shall take immediate

Upon steps learning of ancommon infection, the contractor notify the designated COVID-19 officer, to sanitize areas and direct workmust places.immediately This includes all on-site bathrooms facilities, any breaksafety facilities, and the site safetyany officer, and theareas owner other common on the job site that may have been in close contact with the infected worker

continued on page 35

Sanitation will be conducted with personnel, equipment, and material approved for COVID-19 sanitization Sanitation Requirements Identified areas should remain isolated from workers until sanitation process has been completed and area is deemed safe

After for a worker with COVID-19 related symptoms has been asked to leave the job site, the contractor shall take immediate use steps to sanitize common areas and direct work places. This includes all on-site bathrooms facilities, any break facilities, and Returning to Work any other common areas on the job site that may have been in close contact with the infected worker All impacted workers should follow CDC and DPH recommended steps concerning return to work. Workers who are

Sanitation will be conducted with personnel, equipment, and material approved for COVID-19 sanitization considered close contacts to a COVID-19 case by public health authorities should not return for 14 days and are subject quarantine by public health

SAND & STONE CORP.

Identified areas should remain isolated from workers until sanitation process has been completed and area is deemed safe Workers who leave during the work day due to COVID-19 symptoms and develop COVID-19 as confirmed by laboratory for use testing or diagnosis by a healthcare provider shall not return to the site until either released from isolation by healthcare

192 Plain St. North Attleboro, MA 02760 • Other employees699-1922 may be sent home while a workspace is being cleaned but will return to work after cleaning unless (508) advised otherwise by a health care provider Workers who leave during the work day due to COVID-19 symptoms and develop COVID-19 as confirmed by laboratory www.borocorp.com testing diagnosis by ashould healthcare not return to ifthe site until released from isolation by healthcare • or Other employees be askedprovider to contactshall their health provider they have anyeither questions provider public health official Returning to or Work In All Cases

All impacted workers should follow CDC and DPH recommended steps concerning return to work. Workers who are considered contacts to aconfidential COVID-19 by public • Keepclose all employee names ascase required by law health authorities should not return for 14 days and are subject quarantine by public health

provider or public health official

• Remind other employees to continue to practice proper sanitation and monitor for flu like symptoms

In All Cases • Keep all employee names confidential as required by law • Other employees may be sent home while a workspace is being cleaned but will return to work after cleaning unless advised otherwise by a health care provider • Other employees should be asked to contact their health provider if they have any questions • Remind other employees to continue to practice proper sanitation and monitor for flu like symptoms

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Notification and Quarantine Requirements As provided by law, the identity of the worker must be kept confidential Upon learningStandards of an infection, the contractor must immediately notify the designated COVID-19 safety officer, the site MA Safety continued from page 34 safety officer, and the owner Sanitation Requirements After a worker with COVID-19 related symptoms has been asked to leave the job site, the contractor shall take immediate steps to sanitize common areas and direct work places. This includes all on-site bathrooms facilities, any break facilities, and any other common areas on the job site that may have been in close contact with the infected worker Sanitation will be conducted with personnel, equipment, and material approved for COVID-19 sanitization Identified areas should remain isolated from workers until sanitation process has been completed and area is deemed safe for use Returning to Work All impacted workers should follow CDC and DPH recommended steps concerning return to work. Workers who are considered close contacts to a COVID-19 case by public health authorities should not return for 14 days and are subject quarantine by public health Workers who leave during the work day due to COVID-19 symptoms and develop COVID-19 as confirmed by laboratory testing or diagnosis by a healthcare provider shall not return to the site until either released from isolation by healthcare provider or public health official In All Cases • Keep all employee names confidential as required by law • Other employees may be sent home while a workspace is being cleaned but will return to work after cleaning unless advised otherwise by a health care provider • Other employees should be asked to contact their health provider if they have any questions • Remind other employees to continue to practice proper sanitation and monitor for flu like symptoms

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UCANE’s 46th Annual Scholarship Awards “Education is the most powerful weapon we can use to change the world.”

O

~Nelson Mandela

nce again this year UCANE is very proud to be awarding 12 $2,000 scholarships to deserving students from within our UCANE family. 2020 will be the 46th consecutive year that UCANE has recognized the achievements of the many talented high school seniors who are the sons and daughters of our members. This year, for the first time, we extended the qualification criteria to include grandchildren of our members and also to those in college, who have not previously been awarded a UCANE Scholarship.

Also, for the first time, two of our scholarships were reserved for applicants that intend to pursue a degree or to further their education within the construction industry.

Over the years UCANE has proudly awarded more than $1 million in scholarships to over 500 hard-working and deserving students, to assist with their further education goals. Since its inception, our Scholarship Program has been a cause with universal appeal across our membership. Every year at UCANE’s Annual Christmas Scholarship Auction, our members would unselfishly bid up items, knowing that portions of the proceeds were going to fund our scholarships. Thanks to this type of member generosity, our Association over the years was able to increase both the number and the size of the scholarships.

This past year’s Christmas Auction was the first time it was conducted with a live on-line bidding format. Our members once again stepped up to help the students and to make this inaugural event an outstanding success.

As time went on, and the popularity of the UCANE Scholarships rose, members began to fund scholarships in memory of their deceased family members, most of whom had a long and active relationship with UCANE. Some even established a sustaining scholarship to honor a former UCANE member. UCANE

JUNE, 2020

members have always been supportive of our Association, but when it comes to supporting student achievement and the future of America, there are no associations anywhere that have members like we do. This year, the majority of our scholarships are being awarded in memory of former UCANE members.

Despite the restrictions imposed by the coronavirus pandemic over the last several months, our independent educator was able to once again evaluate the applications and select our 12 recipients. No names or company affiliations were included on the applications sent to the committee. All the applicants have impressive academic credentials. Many excel in extracurricular activities, sports, community involvement, or volunteer their time to help others. There is no doubt that all of the applicants put in great effort during their school careers. They are the pride of their parents, their teachers, and their school, and they are all on the path to becoming leaders of the next generation.

Between the pandemic, the changes to the scholarship criteria, and a change to an on-line auction format, there have certainly been many “firsts” in our lives and with our Scholarship Program this year.

Normally, we would have invited our recipients and their parents to an Awards Dinner typically held in May, where we could honor them personally and also have a chance to meet them and hear them speak.

But due to the coronavirus restrictions, we have been unable to do that…yet. We still hope to make this happen, depending on when restaurant gatherings return, but we didn’t want to delay giving the good news and the accolades to this year’s recipients.

We would like to introduce and to congratulate the 2020 UCANE Scholarship award recipients beginning on page 38 of continued on page 38 our magazine.

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Riley Burnham

R

Richard McCourt Memorial Scholarship

iley is the daughter of Carolyn and Matt Burnham of Holden, MA. Matt works for UCANE member firm, McCourt Construction Company.

Riley attended Wachusett Regional High School in Holden where she maintained high honor roll status in mostly honors and advanced placement classes. Her SAT scores are 700 in Math and 740 in English. In her senior year, she received the Joanne Paquette Senior Academic All-Star Award, the NFHCA Scholar of Distinction, and was named an AP Scholar. Riley was also Vice President of the Math Honor Society, she was a member of the National Honor Society, and the Science National Honor Society.

In her junior year she received the Columbia Book Award, Excellence in AP U.S. History, and the AP Scholar Award. She also received the Excellence in Artistry Award, and the Kaleidoscope Award for Art. Her exracurricular activities at school included being varsity field hockey Captain, varsity indoor track and field Division “A” All-Star, and varsity outdoor track, Division “A” All-Star.

Riley will attend UMass Amherst where she will major in Biomedical Engineering, and minor in International Studies, International Business, or Culture, Health, and Science.

This scholarship is being presented in memory of Richard McCourt, former President of McCourt Construction Company.

Richie was one of the most respected contractors in our industry. Although his company performed mostly road and bridge projects, he was determined to support UCANE and our industry by becoming a member and taking an active role in our Association.

Emily Cullinane

E

William Zoppo Memorial Scholarship

mily is the daughter of Tim and Melanie Cullinane of Boxford, MA. Tim works for UCANE member firm, J. F. White Contracting Company.

Emily attended the Pingree School in South Hamilton, MA where she has maintained high honor roll status in her freshman through senior years. Her SAT scores are 620 in Math and 610 in English. She was a member of her school’s Advanced Honors Art Program and her work has been featured in the Wenham Museum. She also received exceptional performance awards in Spanish, and was a Barcelona Exchange Recipient in her junior year, as well as receiving exceptional recognition in Engineering in her senior year.

In addition to taking a demanding course of study, Emily’s extracurricular activities at school included varsity volleyball, student life committee, library peer tutor, varsity rowing, varsity track and field, and junior varsity basketball.

Emily will attend Savannah College of Art and Design where she will take part in their five year Masters Degree Program. Her goal is to earn a Bachelor’s Degree in Graphic Design and a Master’s Degree in Advertising.

This scholarship is being funded by R. Zoppo Corp., in memory of William Zoppo, former President of R. Zoppo Corp. of Stoughton, MA. Both also received UCANE’s highest honor, that of “Contractor Member of the Year.”

Bill was a second generation member following his father Rocco who was one of UCANE’s founders.

Later, Bill’s son David followed the family tradition by becoming a third generation member, who served as UCANE President and as a member of our Board of Directors.

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Finnian Day Joseph D’Amico Memorial Scholarship

F

inn is the son of Brooks and Thomas Day. Thomas works for UCANE member firm, Barletta Engineering Corp.

Finn attended Xaverian Brothers High School in Westwood, MA where he has maintained high honor roll status in all honors and advanced placement classes. His SAT scores are 650 in Math and 600 in English. Finnian is also a member of the National Honor Society.

His extracurricular activities at school included taking part in the Spanish Exchange Program, he was Captain of the Junior Varsity Volleyball Team, the Rock Climbing Club, he took part in the Model United Nations Club, the International Cultures Club, and Xaverian Brothers Leadership Institute.

His spanish teacher wrote, “Finnian is an ideal student in the classroom. During his junior year, I was pleased to have him in my Spanish IV Honors Class. For many students, this is the most challenging course in the Spanish curriculum at Xaverian Brothers, as it challenges people to think critically about grammar and stories from the canon of hispanic literature. Finnian took it upon himself to come to the World Language Center to discuss grammar and review stories. In this way, he was one of the more resilient members of the class.

At the end of his junior year, his grades earned him a spot in the AP Spanish Language and Culture course.”

Finn will attend Virginia Tech where he will major in Civil Engineering and minor in Spanish.

This scholarship is being presented in memory of Joe D’Amico, who was President of J. D’amico, Inc. Joe was a valued member of our Association and the underground utility contracting community for more than 40 years. He served on our Board of Directors for more than 25 years and later became UCANE President. He also received UCANE’s highest honor, that of “Contractor Member of the Year.”

Han Duong

H

Tony & Anthony Umbro Memorial Scholarship

an is the daughter of Anh Nguyen and Trung Duong of Andover, MA. Anh works for UCANE member firm, Simpson, Gumpertz & Heger of Waltham, MA. Han attended Andover High School where she maintained high honor roll status throughout high school in primarily honors and advanced placement classes. Her SAT scores are 620 in Math and 600 English.

In addition to being an excellent student, Han has been faced with many challenges over the years. Her counselor wrote, “Born in Vietnam, Han and her family moved to the United States when she began third grade. For a self-proclaimed cautious and shy young girl, the assimilation process was daunting. Coming to a new country, language, school, weather, traditions, and friends. However, her teachers saw a strong sense of determination and ambition in Han, and they chose her to serve as a translator for other new students. Han has increasingly challenged herself since freshman year, excelling in primarily honors and AP level courses.”

Han will attend Virginia Tech University where she will major in Architecture.

This scholarship is being funded through the generosity of the Umbro family in memory of two family members, Tony Umbro and his son Anthony.

Tony came to this country at the age of 17, and in 1973, he started Umbro & Sons Construction Corp. with his wife Georgette as Office Manager. Later, their three sons joined the business. Tony’s son Anthony went on to become President and General Manager of Umbro & Sons Construction Corp.

JUNE, 2020

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Victoria Kennedy

V

Frank McCourt Memorial Scholarship

ictoria is the daughter of Antoinette and Richard Kennedy. Rich works for UCANE member firm, McCourt Construction Company.

Victoria attended Buckingham Browne and Nichol School in Cambridge, MA. Her ACT scores are 26 in Math and 24 in English, and she maintained honor roll status throughout high school.

Her extracurricular activities at school included being captain of the girls varsity hockey team, she was a member of varsity soccer, track teams, and she served as a senior ambassador.

Outside of school, Victoria played club soccer, she was a coach of Winthrop Youth Soccer, Assistant to the Winthrop Town Clerk, and she did a psychology internship at UMass Boston.

Victoria will attend UMass Boston where she will major in Psychology, Human Resources, and continue her hockey career.

This scholarship is being awarded through the generosity of the McCourt family in memory of Frank McCourt who was Chairman of the John McCourt Company.

His company specialized in major construction projects including those at Logan Airport, Boston’s Central Artery, the Callahan Tunnel, and the widening of Route 128.

Dominic Perkins

D

Ronald Pacella Memorial Scholarship

ominic is the son of Christopher and Dawn Perkins. Chris works for UCANE member firm Weston & Sampson Engineers.

Dominic attended the Robert W. Traip Academy in Kittery, ME where he maintained high honor roll status in mostly honors classes. His SAT scores are 640 in Math and 600 in English.

His extracurricular activities at school included serving on the Student Council for four years, playing varsity soccer and baseball for four years, and taking part in the jazz band for four years. In addition, Dom was a member of the math team for four years, and on the robotics team for two years.

Dominic wrote that he always thought his true calling was in the construction field, and it was confirmed during a job shadow program during his junior year of high school when he spent time with the project executive at the Portsmouth, NH wastewater treatment facility. The project manager and several others told him that they majored in Construction Management. They discussed the day-to-day site activities with him and he learned how much precision it takes to stay on schedule and on budget. This experience, coupled with his upbringing and years of talks with his father about the challenges and variability of the construction industry, confirmed that he was on the right track.

Dominic will attend UMaine-Orono where he will major in Construction Management.

This scholarship is being presented through the generosity of the Pacella family in memory of Ron Pacella who worked in the construction industry for more than 50 years.

Over the years, he served on our Board of Directors, and held all of our elected offices. In addition, he served two terms as UCANE President. In 1991 he served as President of the National Utility Contractors Association in Washington, D.C., and received a congressional tribute for promoting the clean water act through the U.S. Congress and Senate.

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Brendan Putnam

B

Robert B. Our Memorial Scholarship

rendan is the son of David and Paula Putnam. Dave owns and operates UCANE member firm, Putnam Pipe Corporation of Hopkinton, MA. Brendan attended Algonquin Regional High School where he maintained high honor roll status throughout high school in all honors and college placement classes. His SAT scores are 610 in Math and 600 in English, and his ACT scores are 26 in Math and 28 in English.

His scholastic honors include receiving the Algonquin Business Concentration Award, and the Proficiency in Marketing Award. In addition, his extracurricular activities at school included, taking part in DECA (Distributive Education Clubs of America), and he was on the basketball team for four years, and the golf team for three years (Captain in his senior year).

Outside of school, Brendan took part in the National Outdoor Leadership Program, he was a coach with Special Olympics, and Challenger Soccer and Basketball, and he volunteered for the Pan Mass Challenge.

Brendan will attend Indiana University where he will major in Construction or Financial Management, and minor in Marketing.

This scholarship is being awarded through the generosity of the Our family in memory of Robert B. Our, Sr., former President of the Robert B. Our Company of Harwich, MA. Robert’s son John said, “My family could not think of a better way to honor our father’s name, and all that he stood for than by funding this scholarship in his memory.

Alissa Reitter

A

Albanese Brothers, Inc. Scholarship

lissa is the daughter of Eric and Janabeth Reitter. Eric works for UCANE member firm Weston & Sampson Engineers.

Alissa is a sophomore by year, but a junior by credits in the University of New Hampshire’s Honor Program and Hamel Scholars Program, where she has maintained a 3.98 GPA. As a Civil Engineering and International Affairs student with a minor in Spanish, Alissa became heavily involved in the UNH student organization, Engineers Without Borders (EWB), and was appointed Co-Leader for the Uganda Project. In January of this year, she traveled with two other students and four members of the New Hampshire professional chapter of EWB to Uganda for two weeks. The purpose of the trip was to conduct an assessment of the current public health conditions for the 2,000 people of the village of Namukunyuto, which has no access to clean water.

Over the past year and a half, Alissa also led the Hamel Scholars Women in STEM task force to do community outreach in local communities like Woodman Park Elementary School in Dover, NH, and girl scout troops in southern Maine.

Alissa’s career goal is to specialize in international disaster relief work and use her degree to help raise the standards of living for people around the world.

This scholarship is being funded by Albanese Brothers, Inc. to help support the next generation of construction professionals. Albanese Brothers, Inc. is a 41-year-old private family business. It was originally founded by brothers Marco and Giovanni “John” Albanese in 1978, and is now owned and operated by Marco’s daughters Marcella and Maria, and son Oto “Dino” Albanese. The company is highly respected in our our industry and has been a tremendous supporter of UCANE over the years. Marcella Albanese currently serves as UCANE President.

JUNE, 2020

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41

Zoe Sullivan

Z

Philip Jasset Memorial Scholarship

oe is the daughter of Mark and Heidi Sullivan. Mark works for UCANE member firm, Centinel Financial Group, LLC. Zoe attended Natick High School in Natick, MA where she maintained high honor roll status throughout high school. Her SAT scores are 720 in Math and 720 in English, and she is a member of the national honor society.

In addition she received the George Eastman Young Leaders Award, she is a First Team Baystate Conference All-Star in lacrosse, and was a Boston Globe Player of the Week in lacrosse.

Her extracurricular activities at school included playing varsity field hockey, varsity lacrosse, and working the tutoring center and mentorship program.

Outside of school, Zoe is a youth lacrosse and basketball coach, she participates in club lacrosse, and is interning for Revolution Lacrosse and Companies.

Zoe will attend the University of Rochester where she will double major in Business and Political Science, and minor in Psychology. Her career objective is to specialize in law and government. She would like to work for the government or as an in-house lawyer for a private company.

This scholarship is being presented in memory of our dear friend, Phil Jasset, a longtime UCANE member, friend, and mentor to many officials in state and local government.

Phil was literally the historical librarian of all construction programs in our industry and was considered the “go-to-person” by many agency heads when questions arose on the clean water laws and funding mechanisms used to fund these programs.

Julia Tardugno

J

Arnold Belli Memorial Scholarship

ulia is the daughter of Barry and Sheri Tardugno. Barry works for UCANE member firm, NSI Contracting, LLC. Julia attended Methuen High School where she maintained high honor roll status in mostly honors and advanced placement classes. Her SAT scores are620 in Math and 630 in English, and she is a member of the National Honor Society.

In addition, she received the AP Scholar Award, and the Academic Achievement Award by Methuen High School, which is given to the junior who has contributed most to the life of the school through leadership and good citizenship while maintaining high scholastic achievement.

Her extracurricular activities at school included receiving the “Unsung Hero” Award for track and field in her sophomore year, she was Captain of the field hockey team in her senior year, and she was also the recipient of the “Joanne Paquette Senior Academic All-Star Award in 2019.”

Outside of school, Julia was Chairman of “Debbie’s Treasure Chest Toy Drive,” she took part in the Methuen Relay for Life where she received recognition awards from the city and state, and she was coordinator for Special Olympics activity, in addition to many other community service activities.

Julia will attend Assumption College where she will double major in Secondary Education and English, and minor in Psychology.

This scholarship is being presented in memory of Arnold Belli, former President of A. R. Belli, Inc. of Newton MA. One of Arnold’s passions was UCANE’s Scholarship Program and to this day, his four daughters, Linda, Karen, Cindy, and Lisa continue their father’s tradition.

Arnold was also the recipient of UCANE’s highest honor, our “Contractor Member of the Year” award.

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JUNE, 2020

Sarah Timmons

S

Robert DeSanctis Memorial Scholarship

arah is the daughter of Steven and Denise Timmons. Steven works for UCANE member firm, Skanska USA Civil.

Sarah attends Wellesley College where she is majoring in Economics and Computer Science, and she also attends M.I.T. Sloan School of Management where she is majoring in Finance and Entrepreneurship.

Sarah wrote that her career objective is the intersection of finance and technology, specifically in the use of digital channels and data to further the movement of money and financing solutions for companies. Further down the road, Sarah hopes to develop a platform that will continue to educate others, especially women and young adults on financial literacy. Theoretically, this platform would allow everyone access to not only learn how to make informed investment decisions but also, the resources to easily access those investing mechanisms.

The Senior Lecturer in Entrepreneurship and Executive Director of the Martin Trust Center for M.I.T. Entrepreneurship wrote, “I first met Sarah as a student in my course this past fall. This course combines students from MIT, Harvard, and Wellesley College giving them the opportunity to learn and work with high-tech startups on projects of strategic importance to the venture. Sarah was motivated and determined to be a part of this course. She showed initiative and drive to seek out our courses and enroll in it, while still taking a rigorous course load studying economics and computer science. The startup she worked with was “Tunnel”, a company focused on developing a real-time, cross currency, global payments, money movement platform.

This scholarship is being funded through the generosity of Adam DeSanctis in memory of his father Bob DeSanctis. Bob, who was President of the DeSanctis Insurance Agency, joined UCANE in 1979, and over the years supported virtually every one of our programs.

Lindsay Trask

L

Herman Snyder Memorial Scholarship

indsay is the daughter of Carolyn Keery and Paul Trask. Carolyn works for UCANE member firm Hinckley Allen LLP. Lindsay attended Middleboro High School where she maintained an all A and A+ status in all honors and advanced placement classes throughout high school.

Her SAT scores are 670 in Math, and 690 in English. She is a member of the National Honor Society, the National English Honor Society, and the Spanish Honor Society. In her junior year, she received the President’s Award for Excellence.

Her extracurricular activities at school included being a member of the student council, and treasurer of the Key Club.

Outside of school she worked as a classroom aide for the special education extended school year program. This program focuses on keeping students with disabilities on track for learning to keep them from falling behind during the summer.

Her math teacher wrote, “Lindsay, throughout her high school journey as her teacher and mentor...she is easily one of the most promising students I have encountered in my career and is without a doubt going to make a difference in the world. She is determined to be successful, dedicated to her academics and activities, and is a strong leader in all aspects of her life...she is a well-rounded person who is a perfect role model.”

Lindsay will attend Rensselaer Polytechnic Institute where she will major in Civil Engineering with a focus on the environment and physics. Her career objective is to use her understanding of engineering to advance sustainable environmental solutions.

This scholarship is being presented in memory of Herman Snyder, a founder in the prestigious construction law firm of Hinckley Allen LLP. Mr. Snyder was a nationally recognized expert on construction law, who represented many of the largest national and international construction firms.

Hinckley Allen has been UCANE’s legal counsel for more than 35 years, and it is through their generosity that this scholarship is being presented.

JUNE, 2020

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JUNE, 2020

How Construction Firms Can Prepare for a Potential Second Wave of COVID-19 Although the U.S. economy is slowly starting to come back to life, contractors can't let their guard down just yet.

Consider these precautions.

Although many coronavirus-related shutdown and stay-at-home orders are still in place, the U.S. is on the road to loosening restrictions to keep the outbreak at bay. Since several areas of construction were considered essential, the industry has a leg up on others that have been completely shut down since the pandemic began.

But even as the country’s economy slowly comes back to life, top medical experts have warned that there could be a second wave of COVID-19 cases once more people come into contact with each other and in the fall when colder weather arrives and the regular flu season begins again.

So, how should contractors prepare for a potential second round of COVID-19? Construction Dive talked to a variety of industry experts for guidance.

JUNE, 2020

Safety Protocols A big concern among contractors is keeping employees safe as they continue working or return to projects. To that end, general contractors, like Suffolk Construction, start by following guidelines set by the Centers for Disease Control and Prevention (CDC) and then adjust them accordingly, said Mike DiNapoli, general manager of Suffolk’s Northern California operations.

“Our safety protocols, training and checklists will continue to evolve in response to new developments,” he said.

For example, Suffolk is staggering start times so that workers will be able to better adhere to social distancing guidelines. The company has also designated some stairways as one-way travel only and assigned workers to certain floors to reduce the chance that they will encounter each other.

Suffolk has also created the position of “COVID Ambassador.” The company will assign these individuals to Suffolk offices and jobsites to make sure that the protocols meant to protect employees from exposure to the novel coronavirus are implemented and followed. continued on page 47

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JUNE, 2020

Prepare for Potential continued from page 45

Construction recently implemented Feevr, a device that uses artificial intelligence to detect elevated temperatures in groups of people to determine if any workers might have a fever without having to come into physical contact with the individual.

And Managers at Thornton Tomasetti are considering a shift to more remote field options, according to Marguerite Pinto, associate principal and a leader of the engineering firm’s New York forensic practice.

This could include drones and 360-degree cameras to limit the number of people they must send to each project in the future.

“If someone can get a whole lot more imagery walking through with a 360-degree camera, then maybe we don’t need to send three or four people," she said.

Jobsite Technology Technology could also play a role in worker safety, DiNapoli said, and Suffolk is considering outfitting workers with wearable Triax monitors to help them maintain a safe distance from each other. Something else the company is looking into is infrared-based temperature tech to make jobsite screening for COVID-19 more efficient.

“Our goal is to have the safest jobsites in the entire country, and our strong commitment to jobsite safety will continue long after the COVID-19 crisis passes,” he said.

Likewise, Boston-based Shawmut Design and

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Offering more opportunities for remote work — when the position allows — is also something on the mind of construction leaders, many of whom have been pleased with their firms' shift to telework since the pandemic started.

“We’ve seen employee engagement that is higher than when people are working in the office,” AECOM CEO Michael S. Burke said during a recent earnings call.

“Our people are enjoying the additional flexibility of working at home.”

Thornton Tomasetti, Pinto said, already had people monitoring projects remotely, in addition to onsite visits, before the public health crisis, so the transition to working under stay-at-home orders has been relatively smooth. The company’s investment in technology that allows employees to work from anywhere was also in reaction to the staff’s desire to achieve a more satisfactory work-personal life balance.

“I do think that made it easier than if we were used to always going in and working at a desk,” she said.

There have been issues to overcome, however.

“The challenges come with making sure there’s still communication with your team,” Pinto said. continued on page 49

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47

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JUNE, 2020

Prepare for Potential continued from page 47 “The one thing that is missing is...passing by people’s desks and talking and meeting face to face.”

To keep staff from feeling isolated, the company hosts running Zoom meetings so that anyone can connect any time if need be. This is in addition to the scheduled meetings that are held throughout the week.

“It doesn’t replace everything, but it’s just at least one way we’re touching base every day,” she said.

John Finamore, director of business development for Plainview, New York-based general contractor EW Howell Construction Group, said the framework that the company has established since the coronavirus hit the New York City metro area, forcing many to work from home, is a critical element in not only how the contractor can maintain operations now — 50% of the company’s work was considered essential — but how it will be able to respond to a resurgence of COVID-19 or any other significant disruption.

Granted, he said, there was a learning curve for those company employees not familiar with tools like Zoom, but he has the sense that everyone, including clients, designers and subcontractors are becoming more comfortable doing business this way.

Most importantly, he said, the company is now

ready to react more quickly in the event of another mandated pause. Howell also has established a COVID-19 task force and modified its safety plans.

“It would simply be a matter of reactivating something that we would then keep adjusting,” he said.

Legal Protections Howell’s trade partners, Finamore said, can expect a new coronavirus-related provision in their subcontracts under which they will be required to adhere to the company’s new safety protocols. He expects customers will do the same, with those potential provisions passed on to subcontractors.

Additionally, construction leaders should be familiar with their contracts to know which events will trigger force majeure provisions that are geared toward providing contractors relief from certain obligations during unforeseen and impactful events.

Attorney Quinn Murphy with Sandberg Phoenix in St. Louis told Construction Dive that the broader the definition of force majeure in the contract, the better.

“The more narrowly you define the instances in which force majeure could be claimed, the more circumstances that are not listed get excluded from the application of the force majeure clause,” he said. continued on page 50

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49

Prepare for Potential continued from page 49 Insurance Implications Two important areas contractors need to consider to be prepared for a coronavirus recovery and possible resurgence are workers’ compensation and general liability, according to Jim Marquet, managing director at Graham Co. Whether COVID-19 is covered under workers’ comp will vary from state to state, but indications are that some states intend to do so and do so aggressively, which would cost employers more money to defend claims and more in workers' comp premiums.

California Gov. Gavin Newsom, he said, has mandated that the state’s employers must cover anyone who contracts COVID-19 through early July unless the employer can prove the employee did not contract it on the job.

“Somehow, you have to determine that they got it somewhere else,” he said.

No matter the state, however, contractors should be prepared to implement robust COVID-19 safety policies, make sure workers follow those policies, and then document compliance with those policies to a greater extent than they normally would. “That’s something that I think everyone is going to want to stay on top of,” Marquet said.

Contractors should also check that their general liability coverage does not have an exclusion for viruses or communicable diseases. General liability would cover third-party damages, not those incurred by employees.

For example, he said, if two contractors are working on a project side by side and one of those contractors tells its workers to forego masks and other adheres to coronavirus-related safety measures and then someone gets sick as a result, that could be a valid claim if the third party can prove negligence.

A hot insurance topic as it relates to COVID-19 is business interruption coverage, but Marquet said that this wouldn’t typically apply to the pandemic, even though so many businesses have sustained serious economic blows.

A valid business interruption insurance claim, he said, requires that the cause of the interruption be direct physical damage, like a fire. This is another issue that is moving through the courts.

“I think the likelihood of getting coverage [for COVID-19-related interruptions] — it’s not impossible, but it’s very low,” Marquet said. “The other possibility is that a state or the federal government will somehow backstop the policies and then have the insurance companies pay.” continued on page 51

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JUNE, 2020

Prepare for Potential continued from page 50 Financial Preparations The foundation for financial success moving forward, said Carl Oliveri, partner and construction practice leader at the accounting firm Grassi & Co., is to make sure workers are healthy, and that means promoting their well-being through policies that, for example, encourage them not to come to work if they’re not feeling well. “We have to change the culture and tell people, ‘stay home when you’re sick. It’s fine,’” he said.

In addition, the time is now to start budgeting and cash forecasting, the CPA said. Fortunately, these, along with billing and collection functions, can be done remotely. If they haven't already, contractors should think about investing in the technology that will allow them to operate the business side remotely during a resurgence of COVID-19.

Most important, Oliveri said, is to have a contingency plan in place covering all aspects of the business and to communicate that plan up and down the chain.

“Hoping that there's not going to be another pandemic is not a strategy at all,” he said. “The strategy here is to learn from what we just experienced.”

Written by Kim Slowey. Reprinted from Construction Dive. n

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JUNE, 2020

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51

UCANE Member W. L. French Excavating Corporation Named a 2020 Fast 50 Company

by Boston Business Journal

M

ay 6, 2020 – North Billerica, MA – W. L. French Excavating Corporation is pleased to announce the company has been named to the Boston Business Journal’s exclusive Fast 50 List for 2020, which represents the 50 fastest-growing private companies in Massachusetts.

“We would like to thank our team for continuing to help us move forward. In a time where we are all struggling for positive news this is something our entire team can be proud of,” said company President, Bill French, Jr. “The COVID-19 crisis has changed the way we all live and work.

Hard work, and business decisions we have made over the years, will enable us to work through this public health crisis and economic downturn. We are optimistic about the second half of 2020 when we are able to return to work.”

Boston Business Journal’s research department, along with Fast 50 partner Withum, analyzed

companies based on a formula that counts revenue growth from 2016 to 2019. Based on the data, the top 50 companies were selected and ranked.

Companies on the Fast 50 must have their headquarters in Massachusetts and must have reported revenue of at least $500,000 in 2016 and $1 million in 2019 to be considered. W. L. French Excavating Corporation also landed a spot on the BBJ Top 100 Privately Held Businesses in Massachusetts published earlier this month.

The BBJ’s Fast 50 celebration, originally slated for May, is now expected to be held in November because of the pandemic. A Fast 50 special publication was scheduled to run in the May 22 weekly edition of the Business Journal.

A second publication, complete with rankings by revenue, will be published in conjunction with the Fast 50 event at the Aloft Hotel Seaport in South Boston. n

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JUNE, 2020

NEWS RELEASE U.S. Department of Labor Adopts Revised Enforcement Policies For Coronavirus

W

ASHINGTON, DC – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has adopted revised policies for enforcing OSHA’s requirements with respect to coronavirus as economies reopen in states throughout the country.

Throughout the course of the pandemic, understanding about the transmission and prevention of infection has improved. The government and the private sector have taken rapid and evolving measures to slow the virus’ spread, protect employees, and adapting to new ways of doing business.

Now, as states begin reopening their economies, OSHA has issued two revised enforcement policies to ensure employers are taking action to protect their employees.

First, OSHA is increasing in-person inspections at all types of workplaces. The new enforcement guidance reflects changing circumstances in which many non-critical businesses have begun to reopen in areas of lower community spread. The risk of transmission is lower in specific categories of workplaces, and personal protective equipment potentially needed for inspections is more widely available. OSHA staff will continue to prioritize COVID-19 inspections, and will utilize all enforcement tools as OSHA has historically done.

Second, OSHA is revising its previous enforcement policy for recording cases of coronavirus. Under OSHA’s recordkeeping requirements, coronavirus is a recordable illness, and employers are responsible for recording cases of the coronavirus, if the case: •

Is confirmed as a coronavirus illness;

•

Is work-related as defined by 29 CFR 1904.5; and

•

Involves one or more of the general recording criteria in 29 CFR 1904.7, such as medical treatment beyond first aid or days away from work.

JUNE, 2020

Under the new policy issued recently, OSHA will enforce the recordkeeping requirements of 29 CFR 1904 for employee coronavirus illnesses for all employers. Given the nature of the disease and community spread, however, in many instances it remains difficult to determine whether a coronavirus illness is work-related, especially when an employee has experienced potential exposure both in and out of the workplace. OSHA’s guidance emphasizes that employers must make reasonable efforts, based on the evidence available to the employer, to ascertain whether a particular case of coronavirus is work-related.

Recording a coronavirus illness does not mean that the employer has violated any OSHA standard. Following existing regulations, employers with 10 or fewer employees and certain employers in low hazard industries have no recording obligations; they need only report work-related coronavirus illnesses that result in a fatality or an employee’s in-patient hospitalization, amputation, or loss of an eye.[1] For further information and resources about the coronavirus disease, please visit OSHA’s coronavirus webpage.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

[1] See 29 C.F.R. §§ 1904.1(a)(1), 1904.2.n

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JUNE, 2020

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JUNE, 2020

Patrick W. Saltmarsh Corporate Safety Director J. Derenzo Companies

Virtual Strides

T

“Once a new technology rolls over you, if you’re not part of the steamroller, you’re part of the road.” ~ Stewart Brand

he rapid spread of COVID-19 has led to unprecedented business shutdowns and overall disruption around the world. The fast pace and large scale changes to our personal lives and work lives has proven to be a recipe for despair. Having an effective safety department and training programs can prove to be critical components in stemming such chaos.

The most obvious, and most important consideration with this pandemic is the health and safety of all our “essential” field employees, along with our office staff. Improper training and lack of administrative controls will not only increase the spread of the disease within an organization, leading to increased employee absences and reduced productivity, but will also be putting our employees’ lives, as well as their families lives at risk.

During this time of crisis, and the separation challenges we all are facing, is the question of, how can we effectively get our safety message out to our employees? While instructor-led, classroom based training has always been the preferred delivery method for many safety professionals, this method is simply not possible as we navigate through this COVID-19 pandemic. Before the crisis, my company primarily trained our staff in a classroom, coupled with in-service training out in the field. Over the past few years, we had begun to implement alternative, online based training classes and I was encouraged to see a progressive rise in employee acceptance of e-learning platforms. Now with the requirements of social distancing, a need for remote workplace learning and virtual employee training programs may very well become the new reality.

JUNE, 2020

Whether you are looking to launch training initiatives specifically in response to the COVID-19 pandemic, or hoping to adapt and modify the onboarding process of new and returning employees, we must look towards virtual training as a useful and effective tool. Even as the uncertainty amid this disruption continues, companies would do well to further invest in e-learning programs and the development of online training.

During times of economic crisis, companies often look towards areas where they can scale back on spending. Unfortunately, when cost-cutting begins, training and employee development are often added to the list of things to downsize. With the current, industry wide acceptance of virtual meetings, I am hopeful that this pandemic presents a transformative moment for some companies, as they recognize the importance of virtual, blended safety training programs as a solution to have their employees working safer today than they did yesterday. n

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JUNE, 2020

Your Company Must Have A Comprehensive Safety Program!

This year’s Safety Manual includes information on: • OSHA’s Updated Crane & Derrick Rule (1926.47) • 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 • Updated State & Federal Posting Requirements

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 $3.50 Ea. = $________________ 55.00 Printing and Set Up Charge for Personalized Covers: $________________ Postage and Handling: Date:____________

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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

Kendall Lubricants Announcement 7.5 x 5 6-18.qxp_Dennis K. Burke 6/21/18 3:19 PM Page 1

Burke Becomes Northeast Distributor for Phillips 66/Kendall Dennis K. Burke is proud to announce that we are now the Phillips 66/Kendall Lubricants distributor for the Northeast. Kendall has been on the forefront of advances in lubricant product technology since the early 1900s and we are excited to be able to offer their premium, cutting-edge products to our customers.

For more information about Phillips 66/Kendall Lubricants product offerings, please visit https://www.kendallmotoroil.com/ or feel free to reach out to your Dennis K. Burke rep for more information.

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JUNE, 2020

Kristin Erickson

Tonry Insurance Group, Inc.

Between the “Sheets”

Recently, we had the pleasure of working with a young entrepreneur who had started a consulting firm and raised multiple millions of dollars in investments from over twenty different sources. The company had grown from four to 14 employees in a year and from $500,000 in actual 2019 revenue to $4 million projected for 2020. His business involves technology and is growing fast.

I

n our initial phone conversation, he told me he “just needs basic insurance.” We went ahead and prepared a slide show to present in an online meeting with options for general liability, umbrella, director’s and officer’s liability, employment practices liability, crime, fiduciary and cyber liability coverages. Based on his current situation, he has real exposure to losses falling under each of these coverages. How could we leave anything out?

He was completely overwhelmed by the quantity of information. And, I was down on myself thinking I’d completely blown the relationship by “overselling” the account.

It reminded me of a recent experience buying new sheets for a vacation home. I knew I needed sheets – no one wants to sleep in a bed without sheets. I knew what size I needed to fit the mattress – pretty standard. So, I googled king size sheets. The browser exploded with sheets for sale from $20 - $600 for a set of king size sheets. My initial reaction was similar to my client’s reaction – there is no way I’m spending $600 on a set of sheets for a vacation home! What’s the difference between the $20 sheets and the $600 sheets? What do I really need that the $20 sheets don’t have? I was completely overwhelmed and walked away without buying the sheets.

But, there was the unmade bed staring at me. I needed sheets. Then I considered why I needed the sheets. They are not just to cover the mattress. The sheets may be the difference between a good night’s sleep and a poor night’s sleep. A good night’s sleep JUNE, 2020

is the first step in realizing a productive and healthy day. Without it, you are immediately behind the eight ball. That’s pretty darn important. So, guess what, I researched sheets – material, thread-count, “size” (because not all kings are alike) and reviews. Once I knew what I wanted, I shopped around and got the best price. Of course it wasn’t the $20 set – I would have ended up wrapped in a too small fitted sheet wet with perspiration because the material did not breathe. And, not the $600 set because, well, comeon, really???? I paid for what would allow me to get a good night’s sleep, nothing less but nothing more.

Of course, I may have been influenced by other’s who sleep in the bed and their requirements. After all, no one wants a tired and irritable family member or guest. This is similar to all the parties who you are involved with. continued on page 62

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

61

Insurance Perspective continued from page 61

L. GUERINI GROUP, INC.

Back to our prospective account. In response to a follow-up email after the presentation, we received this email: “Thanks for the note. Will you please send over the deck (presentation) that you took me through? In terms of a next call, I’d like to first talk with some of my peers to see how they are tackling business insurance. When you hear the different options, each one makes you feel like ‘I need that…’ but that would get prohibitively expensive, so I’m planning on doing more research.” Perfect.

This is the ideal process. Evaluate the exposures, present options and assist with the decisions. When it feels like we are overselling, please realize we are simply presenting all the options. What you purchase is always up to you and those you invite into your bed. We are confident that we will help our clients make the choices that will allow them to get a good night’s sleep. n

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JUNE, 2020

Greg Norris, B2W Software, Inc.

Don’t Bet Your Company on a Spreadsheet Estimating is a key part of a contractor’s ability to acquire work. Whether it’s a “hard” bid or a “negotiate” bid, accurate bids are essential. Bids are a double-edged sword. Bid too high, and you do not get work. Bid too low, and you lose money, sometimes significant amounts. There is an adage in the construction industry that a contractor bets the company every time a bid is submitted.

Therefore, it is critical that contractors leverage the best available technology to produce competitive and accurate bids. Yet studies show that the most used technology by construction contractors for preparing bids is spreadsheets. The appeal is understandable. Spreadsheets are easy to use and most people in the business world know how to use them. This ease-of-use however is a trap. The pitfalls are significant.

T

he most dangerous threat is how easy it is to have an incorrect summation range or to corrupt an extension cell. I know of one situation where a contractor was bidding the installation of four expensive components in a wastewater treatment plant. They accurately calculated the cost of installing one component, but the extension formula to four was corrupted. As a result, they bid the installation of one component not four. That was a huge bid bust.

This also cuts the other way. A formula error could result in a bid being artificially too high and cause the contractor to lose work.

The risk of this type of occurrence only ramps up if multiple users work on the same spreadsheet. Having multiple users in and out of the same spreadsheet is a recipe for disaster. Larger and more sophisticated bids tend to be collaborative in nature. Contractors need to be able to have multiple people work on a bid while maintaining the integrity of the overall bid.

Maintaining current costs for labor materials and equipment is another challenge of using spreadsheets. Whether each bid is a new spreadsheet, or templates are used, estimators must be very careful to make sure the rates are current. Frequently people copy previous bids as a starting point. The previous JUNE, 2020

bid may have old rates.

You may ask yourself, why are these issues not picked up in review? Which leads to yet another issue. Excel spreadsheets are very difficult to review and do not leave audit trails and list changes.

For bids that are awarded, the last spreadsheet issue is getting the information accurately into the contractor’s cost system. This usually involves keying the bid numbers into an ERP system. As with any manual data entry transfer, there will be input errors.

Specialized estimating software can solve all of these spreadsheet issues for contractors operating across heavy civil specialties. To start with, contraccontinued on page 64

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

63

Technology in Const. continued from page 63 tors will have a centralized database. Labor rates, materials costs and equipment rates are easy to keep up to date and automatically used on bids. Good estimating software provides flexible work breakdowns and standard bid templates. It also provides for simultaneous use by multiple estimators, including synchronized mobile estimating. Finally, estimating software can track changes and provides an audit trail for final review. For awarded bids, contractors can use automated data transfer to load awarded bids into currently used ERP systems.

In summary, specialized estimating software gives heavy civil contractors the ability to bid more work with greater efficiency and accuracy.

Don’t bet your company on a spreadsheet. n Written by HERB BROWNETT, CCIFP, President of Brownett & Associates, LLC, and a construction financial management consulting firm in Philadelphia, PA. Previously, he served as CFO, Senior VP, and VP of Finance for a variety of construction companies. Herb is a longtime member of CFMA, has served in numerous roles including CFMA’s Chairman.

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JUNE, 2020

Another $12M Sought for Orleans Sewer Project ORLEANS — Voters at the June 20 town meeting will be asked to approve an additional $12 million to fund the downtown sewer project.

I

n May 2019, voters approved spending $47,276,200 on the project, which includes building a downtown area collection system, a wastewater treatment facility and an effluent disposal system. The town applied for and received funding through the State Revolving Loan Fund to cover the cost of the project.

However, the final bids for construction came in last month at $59,494,200.

AECOM engineer Tom Parece offered several reasons for the increase in discussion with the Board of Water and Sewer Commissioners on May 27. The impacts of COVID-19 on labor and supplies, manufacturing delays, skilled labor shortages, regulatory requirements and the project location all figured into higher costs, he said.

“The economy was booming, pushing prices up.

Then the pandemic came and all hell broke loose,” board Vice Chairman Alan McClennan said.

McClennan said the town was required to provide project cost estimates based on 50% of contract drawings 18 months before officials knew what the actual costs would be, this as a condition of receiving funding through the State Revolving Loan Fund program.

“That’s just the way the schedule works,” McClennan said. “You spend money to get the project to a point where you have enough information to apply to the State Revolving Fund. Then you get on a list.

Then they say they’ll fund you provided you get approval at town meeting. This is a common problem.”

Five contractors submitted bids on the downtown area wastewater treatment facility and effluent dis-

JUNE, 2020 2016 SEPTEMBER,

posal system. Daniel O’Connell’s Sons was the low bidder with $31,141,400.

Five contractors submitted bids for the downtown area collection system and pumping stations. Robert B. Our Co. was the low bidder at $9,393,956.

Board members last week discussed eliminating an equipment storage facility included as part of the project to lessen the extra $12 million by $1.5 million.

The board decided to go ahead with the full $12 million request and undertake an effort to educate voters on the need for the funding. McClennan said that the option of eliminating the storage facility to save money could also be on the table if voters favor the idea next month.

Board member Herbert Kinney was in favor of leaving the $1.5 million storage facility building in.

“Our job is to give the town the best advice on what we need for the project,” he said. “We need to counter the fear of negative politics with education.”

McClennan said taxpayers won’t be asked to cover the $12 million if Article 42 is approved. Short continued on page 67

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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JUNE, 2020

Spotlight on Cape Cod continued from page 65 term rental tax revenue, funding from the Cape and Islands Trust and a 10% principal forgiveness on the project offered through the State Revolving Loan Fund will keep the additional cost from being absorbed by taxpayers. McClennan estimated the percentage of the project covered by taxpayers would actually decline from 24% to 15%.

If the article fails, however, the cost of the project would increase and completion would be delayed.

The town must begin paying off the project in 2023. Without the additional $12 million appropriation, the town may not qualify for 0% financing, which could add an additional $18 million in costs to the project.

“If we don’t get the extra money, we start all over again,” McClennan said.

If approved, the additional $12 million will allow the town to award contracts by August 14. That deadline was extended from June 30 due to COVID-19 restrictions, but there is no indication that the state will extend the deadline further.

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Advertisers’ Index ATS Equipment, Inc. .............................................................10 American Shoring, Inc........................................ Ins. Back Cvr. Aon Construction Services Group.........................................56 Badger Daylighting................................................................26 BakerCorp..............................................................................29 Boro Sand & Stone Corp.......................................................34 Brennan Consulting...............................................................56 Dennis K. 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L. Edwards, Inc..................................................................54 Ferguson Waterworks............................................................66 Gorilla Hydraulic Breakers.....................................................30 L. Guerini Group, Inc..............................................................62 Hinckley Allen LLP.................................................................22 John Hoadley & Sons, Inc.....................................................21 Hydrograss Technologies Inc................................................67 Industrial Safety & Rescue....................................................54 JESCO...................................................................................23 Lawrence-Lynch Corp............................................................31 Lorusso Corp......................................................................... 17 Lorusso Heavy Equipment, LLC............................................32 Mass Broken Stone Company...............................................21 Milton CAT...............................................................Back Cover Minuteman Trucks, Inc...........................................................64 NSI Contracting .....................................................................50 National Trench Safety............................................................8 Norfolk Power Equipment, Inc...............................................15 North American Crane & Rigging LLC..................................46 North East Shoring Equipment, LLC.....................................60 Northwestern Mutual..............................................................51 Ocean State Oil......................................................................62 Pawtucket Hot Mix Asphalt....................................................51 E. H. Perkins Construction Co., Inc.......................................68 Podgurski Corp......................................................................34 E. J. Prescott, Inc................................................Ins. Front Cvr. Putnam Pipe Corporation......................................................58 Rain For Rent-New England..................................................20 Read Custom Soils................................................................30 Ritchie Bros. Auctioneers......................................................49 Schmidt Equipment, Inc...........................................................1 Scituate Concrete Products Corp..........................................28 Scrap-It, Inc............................................................................ 11 Shea Concrete Products, Inc. ...............................................44 SITECH New England............................................................24 Starkweather & Shepley Ins. 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