Construction Outlook June 2024

Page 1

UCANE’s 50 th Annual Scholarship Awards Night

JUNE | 2024
Michael Costa, Jr. Caroline Dean Christian Farmer Grace Connolly Preston Amaral Brady Clark Ella Connolly Samuel Blume Daniel Kudron Riley McClure Brianna Johnson Olivia Flaherty
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Executive Director

5 President’s Message: UCANE - Making a Difference in Massachusetts and Beyond

7 Legislative Update:

• Senate Passes FY24 Budget; Conference Committee Begins Work

• House Passes Housing Bond Bill with Large Water Infrastructure Commitment

• News in Brief

21 UCANE Interview: An Interview with the Massachusetts Clean Water Trust Deputy Director Nate Keenan

27 Legal Corner:

MassDOT’s 2024 Standard Specifications: New Division I, Section 7.16 (Contractor Claims)

33 UCANE Welcomes New Members

35 UCANE Members Travel to Washington DC to Meet with Congressional Delegation

37 Public Works Pipeline: An Interview with Brian White, P.E., Director of Public Works, Town of Burlington, MA

40 UCANE’s 50th Annual Scholarship Awards Night

51 Technology in Construction: Maximizing Efficiency: 3 Reasons to Implement Geofencing Technology for Your Business

55 Led by Energy, Construction Materials Prices Surge in April

56 Baltimore’s Francis Scott Key Bridge Disaster Brings Together the Largest Contractors and Largest Equipment in the U.S. Marine Industry

62 Remember When...

65 Save the Date: UCANE’s 45th Annual Golf Tournament

67 Safety & Health Corner: Tetanus Risks in Construction: A Crucial Awareness for Workers

67 Spotlight on Cape Cod: Mashpee Voters Approve Phase 2 of Wastewater Program

75 Funding for Cape Cod Bridges Advances MassDOT to Produce a Schedule for the Sagamore

77 Insurance Perspective: Beyond the Blueprint: A Comprehensive Guide to Crime Protection

Editors: Joseph F. Nolan & Anne Klayman, Associate Editor: Suzanne Hatch

Magazine Designer/Associate Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan

Construction Outlook Chair: Brian Cooney

Editorial Board: Brian Cooney, Chris Valenti, Querino Pacella, & Dan Horgan


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:; Website: Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Brockton, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

UCANE – Making a Difference in Massachusetts and Beyond

As we transition from spring to summer, I am filled with optimism and pride for what lies ahead in our construction endeavors across the Commonwealth. While many are planning vacations and travel, UCANE members are gearing up for a season of hard work and dedication to our projects.

Reflecting on the events of 2024 thus far, it is evident that it's been a year of action and progress for UCANE. We began with a successful dinner where our incoming officers and Board Members, including myself as President, were installed. In March, our Annual Forecast Dinner and Trade Show brought together industry leaders from MassDEP, MWRA, and BWSC to discuss construction programs. The accompanying trade show was a testament to the expertise and services offered by our members and an opportunity to showcase those members who so generously support our monthly publication, Construction Outlook magazine.

In May, we had the privilege of awarding scholarships to 12 deserving students with ties to UCANE members. It was an inspiring evening, made even more special by the presence of former Bruin Goalie Andrew Raycroft as our keynote speaker. Also in May, I was happy to join Executive Director Joe Nolan, as well as UCANE President Elect Chris Valenti on a successful trip to Washington DC to take part in Infrastructure Week to lobby for the projects and funding so critical to our continued success.

The increased funding for Clean Water Infrastructure programs at both federal and local levels is a testament to the importance of our work. The recent announcement of over $1.4 billion in funding for water quality improvement projects is a significant milestone, and UCANE continues to be a

leading advocate for such initiatives.

The transformation of Boston Harbor over the past three decades serves as a reminder of the impact our projects can have on communities. Similar efforts are underway on Cape Cod, where UCANE's support for Clean Water Projects is making a difference in reducing soil nitrification.

Looking ahead, there is still much work to be done. As the Commonwealth pushes for more housing, it is crucial that we emphasize the need for corresponding investment in utility and infrastructure projects to support this growth.

As we embark on the summer season, I encourage each of you to take a moment to appreciate the impact of your hard work. Whether it's a day trip on Boston Harbor or a weekend on the Cape, remember that the improvements we build make our world a better place.

Finally, I want to extend my congratulations to the 12 UCANE scholarship recipients. I also want to thank all those involved in making our Annual Scholarship Awards Dinner a success, especially our UCANE members who help make these scholarships possible by funding them in memory of their loved ones, or in honor of their family. Wishing all of you a wonderful summer filled with prosperity and safety. n

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Senate Passes FY25 Budget; Conference Committee Begins Work

The Massachusetts Senate passed its fiscal year 2025 (FY25) budget proposal towards the end of May. According to a report by the Massachusetts Taxpayers Foundation, the Senate’s budget proposal included $ 58 billion after adding $ 89.6 million in spending over the course of three days of debate. The F Y25 Senate budget proposal is $9.2 million more than the House and $ 52.6 million less than the G overnor’s proposal. The Senate, similar to G overnor Maura Healey and the H ouse of Representatives, relies on $1.19 billion in one-time resources and new ongoing revenue-generating initiatives (i.e. > $1 million income tax surcharge).

As reported by the MTF, “Approximately 60 percent ($53.7 million) in new spending is related to earmarks for specific communities, organizations, or programs; while 40 percent ($35.9 million) is for programmatic increases or new line-items. The Senate took action on 1,100 amendments through a combination of standalone votes and amendment ‘bundles,’ which categorically approve or reject many amendments at once. In total, 475 amendments were adopted, 400 were rejected, and 225 were withdrawn from consideration.”

For UCANE’s purposes, the Senate FY25 budget included level funding for the Clean Water Trust’s contract assistance line-item at $63.3 million. While the Commonwealth’s Sewer Rate Relief Fund was not funded, the underground storage program was funded at $8.49 million with an additional $1.8 million for the administration of the same. Finally, the Senate budget proposal funded the Massachusetts Department of Environmental Protection (MassDEP) at slightly over $54.3 million.

Among other areas of note, the Senate F Y25 budget proposal includes:

• Surtax Spending Cap Clarification. Amends section 2BBBBBB of Chapter 29 of the Massachusetts General Laws (MGL), which defines the annual spending threshold for surtax revenue. This new language states that the annual spending threshold shall be equal to the prior year, less the dedicated transfer to the Commonwealth Transportation Fund of $250 million, and adjusted by the ten-year rolling growth rate of income subject to the surtax. This language is also included in the House budget.

• Home Equity Theft. Adds 20 new sections to the Senate budget that amend Chapter 60 of the MGL, which currently allows a city or town to foreclose on a person’s home to pay a tax debt and then retain the full value of the estate above the amount of the outstanding debt. The language outlines the process by which “excess equity” – defined as any remaining surplus amount above the taxes, interest, fees, and costs reasonably incurred after the final judgement of foreclosure – is returned to the homeowner.

• Chapter 70 Task Force. Creates a task force to make recommendations for updating the formula used to determine local contribution requirements for K-12 school funding. The task force, co-chaired by the Secretary of Education, will examine the current formula and assess ways to improve the fairness and accuracy of determining local school contributions.

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Update continued from page 7

The task force report with recommendations is due by June 1, 2025.

• Special Commission on the Implementation of Vocational Education Annexes in Gate way Cities. Creates a special commission to study the implementation of vocational educa tion annexes in gateway municipalities, including the cost of constructing the annexes at comprehensive high schools, methods to sustainably fund vocational programming at comprehensive high schools, and the estimated costs and current financing streams for potential annex projects. The commission is directed to file a report with recommendations by March 1, 2025.

The Massachusetts Senate and House of Representatives will now reconcile the competing versions of their fiscal year 2025 budget proposals. The Conference Committee will aim to reach an agreement on the budget and send it to the Governor before July 1, which is the start of the fiscal year 2025 budget year. For more information on the Senate F Y’25 budget proposal, please visit: https://

continued on page 11

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House Passes Housing Bond Bill with Large Water Infrastructure Commitment

With the final two months of formal session on its radar, the Massachusetts House of Representatives unveiled a significant five-year, $6.2 billion housing bond bill, calling for $2 billion to fix the state's aging public housing stock and $1 billion to expand the Massachusetts Water Resources Authority's (MWRA’s) service area into more suburbs with the goal of spurring housing production. The legislation, which builds off of Governor Maura Healey’s filing from last fall, exceeds her filing by $2 billion.

Of particular note to UCANE members, the $1 billion MWRA expansion item in the new House housing bill states that the authority "shall prioritize expansion opportunities with a focus on increasing housing capacity in the Commonwealth and improving drinking water quality for cities and towns with water supplies contaminated by per- and polyfluoroalkyl substances." The MWRA was created by the Legislature in 1984 and currently provides wholesale water and sewer services to 3.1 million people and more than 5,500 businesses in 61 communities in eastern and

central Massachusetts. Its territory has expanded over the years, and some municipalities have spent years considering possible ways to join the MWRA.

As reported by the State House News Service, nearly 200 water systems across Massachusetts – including towns, schools and hospitals – will likely need to take some action to comply with new federal limits on PFAS in drinking water. Linking into the MWRA’s vast and efficient system is one way for municipalities to address their PFAS issues more easily. For its part, the MWRA has studied expansion into the Ipswich River Basin towns of Beverly, Danvers, Hamilton, Ipswich, Middleton, Lynn, Lynnfield (center water district), Peabody, Salem, Topsfield, Wenham and Wilmington. As well, for the South Shore and Ipswich River Basin, the MWRA's studies concluded that capacity either is, or could be, available to meet the projected demand (48.9 million gallons per day for the Ipswich River Basin and 40.5 million gallons per day for the South Shore towns). An expansion into the

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Legislative Update continued from page 9
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Ipswich River Basin "could range from $130 million to well over $1 billion" while the South Shore expansion "could range from $540 million to well over $1 billion. Finally, the MWRA has also looked into expanding its Metro West area service territory to include Acton, Ayer, Bedford, Chelmsford, Concord, Groton, Holliston, Hopkinton, Hudson, Lincoln, Littleton, Maynard, Natick, Sherborn, Stow, Sudbury, Wayland, Wellesley, Westborough, Westford and Weston.

The inclusion of significant funding for the expansion of the MWRA and funding for the HousingWorks program was supported by UCANE, the American Council for Engineering Companies, Massachusetts and the Massachusetts Water Works Association. In a white paper to legislators before the release of the housing bond bill, the groups wrote:

“As the Massachusetts legislature continues its efforts to facilitate the development of more affordable housing throughout the Commonwealth, water infrastructure remains intrinsic to any long-term solution. Without access to water infrastructure that provides drinking water or removes wastewater, there is little chance of building affordable housing, much less one affordable house. Thankfully, the Commonwealth has a variety of resources and programs that – if supported or reviewed

– could ensure that the means of building more affordable housing remains realistic.”

The UCANE-ACECMA-MWWA white paper highlights the importance of specific water infrastructure programs while advocating for a review of the interbasin transfer act, higher funding for the HousingWorks program, the elimination of MWRA entrance fees and the funding of the regional matching program created under Chapter 259 of the Acts of 2014.

Finally, one item that was not included within the housing bond bill was an additional excise tax on real estate transactions. Led by the City of Boston, certain municipalities have argued that such a tool would allow for them to grow their housing stocks and support the infrastructure to do so. Unfortunately for interested municipalities, the real estate industry has heavily opposed the initiative – highlighting the fact that wealthy communities, with significantly higher cost housing, may benefit, but less wealthy communities will not. The Local Option for the Housing Affordability Coalition, which includes dozens of groups who support the transfer tax proposal, will continue to press for the measure’s inclusion within the Senate’s eventual housing proposal.

To review the House’s proposed Housing Bond Bill, please visit: H4707/BillHistory.

continued on page 15 Legislative Update continued from page 11

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News in Brief

• Coastal Zone Management Names New Resilience Officer. The Executive Office of Energy and Environmental Affairs (EEA) announced Ms. Deanna M oran’s appointment as Chief Coastal Resilience O fficer within the O ffice of Coastal Zone Management (CZM). In this position, M s. M oran will lead the state’s new ResilientCoasts initiative, a holistic and proactive strategy to guide state and local coastal resiliency policy and action. M oran joins CZM from Conservation L aw Foundation (CLF), where she currently serves as Vice President for Healthy and Resilient C ommunities, working to leverage law, planning, policy, research, and finance to address New England’s urgent climate challenges. Previously, she was CLF’s Director of Environmental Planning and was res ponsible for c limate resilience advocacy across New England and the Boston Harbor Public Ac cess Initiative. Before CLF, M oran worked for a c ommunity development financial institution assisting local governments in devising and implementing

neighborhood revitalization strategies, including the reclamation of vacant and abandoned properties. She has c onsulted on a number of planning and policy-based projects for organizations including the Southern Coalition for Social Justice and the New Jersey Climate Adaptation Alliance. M oran earned a law degree from Suffolk University L aw School, a M aster’s of City and Regional Planning degree and a M aster’s of Public Policy degree from Rutgers University, and an undergraduate degree in Environmental Design from the University at Buffalo.

• Unemployment Rate Remains Steady. According to a press release from the Executive Office of L abor and Workforce Development, the state’s April total unemployment rate was 2.9 percent, unchanged from the revised M arch estimate of 2.9 percent, The M assachusetts unemployment rate was 1.0 percentage points lower than the national rate of 3.9 percent reported by the Bureau of L abor Statistics (BLS).

continued on page 17

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JUNE, 2024 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 15 Legislative Update continued from page
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Over-the-year, the state’s seasonally adjusted unemployment rate was down by 0.3 percentage points. The labor force increased by an estimated 12,200 from the revised estimate of 3,757,000 in M arch, with 10,100 residents more employed and 1,900 more residents unemployed over-the-month. The state’s labor force participation rate – the total number of residents 16 or older who worked or were unemployed and actively sought work in the last four weeks – increased 0.2 percentage points over-the-month, to 65.1 percent. Compared to April 2023, the labor force par ticipation rate was unchanged. The BLS preliminary job estimates indicate M assachusetts lost 5 00 jobs in A pril. This follows the March revised loss of 4,100 jobs. The largest over-the-month private sector job gains were in Education and Health Services, Professional, Scientific, and Business Services, and Trade, Transportation, and Utilities. Employment now stands at 3,733,000. M assachusetts gained 669,500 jobs since the employment low in A pril 2020. From A pril 2023 to A pril 2024, B LS estimates M assachusetts gained 21,800 jobs. The largest over-the-year gains occurred in Education and H ealth Services, Leisure and H ospitality, and G overnment. C onstruction has gained 200 jobs over-the-month. Over-the-year, 4,000 jobs were added.

• Revenue Rebounds; Surcharge Exceeding Expectations. The Massachusetts Department of Revenue (DOR) C ommissioner G eoffrey Snyder announced in May that preliminary revenue c ollections for A pril totaled $ 6.324 billion, $1.540 billion or 32.2% more than actual c ollections in A pril 2023, and $1.034 billion or 19.5% above benchmark. The fiscal year 2024 year-todate c ollections totaled approximately $ 33.857 billion, which is $1.537 billion or 4.8% more

than c ollections in the same period of fiscal year 2023, and $ 889 million or 2.7% more than the year-to-date benchmark. A pril c ollections increased in non-withheld inc ome t ax, inc ome tax withholding, and sales t ax in c omparison to April 2023. These increases were partially offset by decreases in c orporate and business t ax and ‘all other’ t ax. The increase in non-withheld income t ax was likely due, in large part, to the 4% income t ax levied on annual t axable income in excess of $1,000,000 (4% income surtax). As reported by the DOR, the increases in income tax withholding and sales t ax were due, in part, to t ypical timing factors in c ollections. The decrease in c orporate and business t ax was due to a decrease in return payments and an unfavorable increase in refunds, partially offset by an increase in estimated payments. The decrease in ‘all other’ t ax is mostly attributable to a decrease in estate t ax, a c ategory that tends to fluctuate. Historically, A pril has been the single largest month for collections, ranking first of the 12 months in eight of the last 10 years. There are t wo main c auses for A pril’s relative strength. First, the individual tax filing season reaches its peak; payments made with returns are concentrated in A pril, while refunds are spread across February, M arch, and A pril. Second, the first income estimated payment installment for the current tax year is due in April.

• MassDOT Launches Grants Portal. The Massachusetts Department of Transportation (MassDOT) H ighway D ivision a nnounced the launch of a new community grants portal named G rant C entral. T he p ortal w ill b e a hub of i nformation a nd r esources a bout M assDOT grants available to a ll 3 51 c ommunities i n M assachusetts. I t w ill i nclude i nformation a bout how to a pply f or f unding, h ow municipalities w ill be r eimbursed, h ow a pplications a re s cored,

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Legislative Update
continued from page 15

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Nate K eeNa N

Massachusetts cleaN Water trust Deputy Director (cWt)

Nate Keenan became involved in state government when he was in graduate school at Suffolk University for Government. He began working on local campaigns and in state politics. From the connections he made through campaigns he was given an opportunity at the Mass. Clean Water Trust. He took an entry level role and asked questions and pushed on what could and could not be done to develop the role he is in today.

The Clean Water Trust oversees the Commonwealth’s statewide revolving funds for clean water and drinking water (CWSRF & DWSRF). Will you please explain the Clean Water Trust’s role overseeing this important program?

Q: A:

The Trust manages the flow of funds to local projects, and we want our role to be that simple to our borrowers. What it takes to meet that cash demand is where the role of the Trust gets more interesting. We are constantly evaluating the levels of funding available, be it federal grants, state funds, available bond funds, and comparing that to anticipated need. We work closely with the Division of Municipal Services at MassDEP, who have amazingly detailed project information and project expertise that helps to inform and improve our decision making. These factors drive our analysis for when we need to issue additional debt to raise the capital funds for the projects.

In addition to ensuring we have the funding available for our projects, we are constantly looking at our program and other states to see how we can improve what we do and the programs we offer. Since there are state revolving fund (SRFs) in each state, they are a great resource to see what else can be done by the SRFs.


How have you seen the Clean Water Trust and the funding of water infrastructure change in your time with the organization?


During my time at the Trust, I have seen the Trust expand the programs it offers, the level and types of subsidies offered, and, I hope, demonstrate the flexibility to meet the needs of local communities within the legal restraints of the operations of the Trust. Changes to state and federal laws have allowed us to be more responsive in developing new programs to meet new challenges, from no interest PFAS loans to our School Water Improvement Grant (SWIG) program.

Looking beyond the Trust, the new investment by the federal government is a stark contrast to when I started. Then the popular wisdom was that the federal government was getting out of supporting water infrastructure and people expected the SRF grants to be eliminated. The BIL funding is one of the largest investments in the SRFs and due to the funding coming in over five years, it allows communities time to develop the necessary plans to access the funding.


How has the Clean Water Trust been using funding from the Bipartisan Infrastructure Law (BIL) and the America’s Rescue Plan Act (ARPA) to further address water infrastructure needs in the Commonwealth?


The Trust has used the two sources of funding differently as they are designed to serve different purposes. For the ARPA funds, we

continued on page 23


were provided two appropriations from the Massachusetts Legislature with the goals of reducing costs for the communities with projects on current Intended Use Plans, and to make sure as many projects as possible moved towards construction. We were able to provide a considerable subsidy to all projects that moved forward on the 2021 and 2022 Intended Use Plans and I believe we achieved our goals.

For BIL, I am very excited for the opportunity the BIL funding provides. Not only are we trying to reduce project cost to the communities and move the greatest number of projects forward, but we are doing that while setting up new loan and grant programs that will run over the five-year life of the BIL funding. Also, a majority of BIL funding is statutorily directed as loan forgiveness to Disadvantaged Communities, a designation similar to Environmental Justice Communities. This allows us to target the federal loan forgiveness where it is needed most and attempt to keep rates affordable for residents in these communities.

Other than greatly reducing overall cost to the communities most in need, these grants provide Massachusetts an opportunity to once and for all identify where lead may be in our water systems and to systematically remove it. We have committed $33 million to 139 water systems in grants for lead service line inventories, which we hope can map

out a path to guaranteed lead-free water in Massachusetts’ public water suppliers. Additionally, the BIL funding is directing more resources to PFAS projects and while this alone does not meet the need, and with the release of the new EPA drinking water standard for PFAS, we know that the need will only increase, it is helping to move projects forward when coupled with our 0% rate interest PFAS loans.

Despite the availability of short term funding highlighted above, municipalities may face one or more barriers to securing the funding needed to proceed with important water and wastewater infrastructure projects. How does the Clean Water Trust work with municipalities and regional water authorities to remove some of those barriers?

The issue of affordability is always a concern, and we recognize our program is a subsidized loan program and not a 100% grant program. Our goal is to make it as low cost as possible while maintaining a sustainable fund. To further this goal, the Trust has been working with MassDEP to build out our planning and technical assistance programs. We are increasing our Asset Management Planning Grant Program to get more grants to more communities to help better understand the needs of their systems, the LSL Planning grants are eliminating the cost to understand the potential lead risk in water systems, and the

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Clean Water Small Systems Technical Assistance program is now available to help those systems develop assessments and applications to the SRF. The focus is providing as much subsidy as we can on constructions projects, while developing a no-cost or very low-cost technical assistance and planning tool kit for communities to utilize to get to construction.

Also, when helping a community through financing it is important to understand what the barriers are to financing a project and how we can be flexible to meet that need. I have found the issue is not always more grants or loan forgiveness. It could be helping to structure debt service to keep rates affordable or providing access to capital that a community cannot get or could not afford on their own.

How do you see new regulations governing the content of per- and polyfluoroalkyl substances (PFAS) and lead in water impacting the work of the Clean Water Trust?

I see the PFAS and lead issue as two unique issues. PFAS is proving to be an issue throughout the state. The cost to address it is growing as science and regulations progress and the burden falls on communities to fund remediation. The new EPA standard will impact all future considerations and will certainly have a major impact. These

are expensive traditional construction projects, as demonstrated by the Intended Use Plans over the past few years.

The lead issue, lead components in a drinking water system, is not a new issue and the science is settled. I see addressing lead as an issue of capacity at the local level to do the time intensive work of identifying the lead in systems, most likely services lines to private homes, then coordinating with homeowners to get these pipes removed. The updates to the Lead and Copper Rule have made communities focus on the issue and the availability of the federal funds is necessary for these projects, but low-cost or free money alone will not solve this issue. It takes coordination, planning, and most importantly, communication with residents. I am hopeful we can use the BIL funding to once and for all eliminate lead in our state, but I know these projects are more complex than normal public works projects. The funding is there, we need to move it as soon as we can.


As you look to the future, what are some of the issues on the radar at the Clean Water Trust?

From a financial perspective, the largest issue is the decimation of the SRF grants by Congress. At the same time Congress is providing additional BIL funding, it is cutting the base SRF grant and further reducing it through earmarks to communities. While we support further grants to communities, we think there needs to be a better process than taking it from a successful infrastructure program. If this trend continues, the SRF post-BIL funding will look very different than it has in the past decade. Meaning, specifically, that the annual capacity of the SRFs will slowly be reduced.

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MassDOT’s 2024 Standard Specifications: New Division I, Section 7.16 (Contractor Claims)

Starting several years ago, Massachusetts Department of Transportation (“MassDOT”) began publishing annual updated versions of its Standard Specifications for Highways and Bridges (“Standard Specs”) on its website. See https://www.mass. gov/lists/construction-specifications. Not only are current versions available on the website (including an updated set of 2024 documents), historical/superseded versions also remain available. A summary of all the various changes in its most recent version is beyond the scope of this article, but MassDOT has provided a helpful Appendix identifying the 2024 amendments to the prior, 2023 version of the Standard Specs. The Appendix is accessible here: Contractors are urged to familiarize themselves with the version of Standard Specs applicable to their projects (together with any applicable supplementary and special conditions; note also that some non-MassDOT contracts nevertheless incorporate MassDOT’s standard specifications). For projects governed by the most recent 2024 version, contractors should be sure to take note of the various changes.

This article focuses on one change in particular: MassDOT’s adoption of an entirely new Division I, Section 7.16, applicable to contractor claims. For many years, Section 7.16 had remained largely unchanged; the 2023 version of Section 7.16 is remarkably similar to the 1988 version of Section 7.16 (except that the 2023 version includes an additional paragraph addressing interest on judgments that MassDOT had added in 2020). With respect to appeal rights, the 2023 version even included a reference to a statute that was referenced in the 1988 version (even though that statute had been subsequently repealed in 2004 as part of the “Act Modernizing the Transportation System of the Commonwealth”). The 2024 ver-

sion no longer references the repealed statute.

Contractors are urged to review and understand the new Section 7.16, which states – among other things – that “[a]ll disputes between the Contractor and the Department shall be resolved as provided by this subsection.” Section 7.16 establishes a 3-step notice and claims submission and review process, summarized generally as follows. This summary does not replace a careful review of Section 7.16, particularly as it may relate to the facts of a given situation.

Step 1: Contractor Claim Submission to MassDOT. This step is comprised of t wo subparts: (A) submission of a notice of claim; and (B) submis -

continued on page 29

Christopher Morog Partner
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sion of an itemized statement(s) of claim.

Notice of c laims subject to Section 7.16 “must be made in writing to the Engineer within 7 days after the beginning of any work or the sustaining of any damage on account” of the act or omission of MassDOT giving r ise to the c laim. The written notice must contain a description of the nature of the work performed or damage sustained; the time and date the event was first identified; the location of the impacted work; and the c ontractual basis for the contractor’s claim.

Within 30 days of beginning any work or sustaining any damage on account of the act/omission, the contractor shall also submit to the Engineer an itemized statement containing: a detailed description of

the work claimed and sequence of events and location; a breakdown of actual costs and damages sustained including all supporting documentation; and a Time Entitlement Analysis, if the contractor is seeking a time extension.

As part of this “Step 1” process, if the work that is subject to the claim is not completed within the initial 30 days, the contractor has an ongoing obligation to submit – “on a monthly basis” – the “actual costs todate and an estimated cost to complete.” Then, upon completion of the work, “a final actual cost shall be submitted in 30 days.”

Section 7.16 maintains language to the effect that failure to c omply with the applicable notice and c laim submission requirements shall render the c laim “ forfeited and invalidated.” As part of the information to be submitted, the c ontractor “ will be required to c ertify, in writing, that the work for which the Contractor is c laiming payment, other than as provided for in the Contract, is work actually performed, and the costs as shown are the amounts legally due for performing such work for which payment is claimed.”

Section 7.16 contemplates that the parties will attempt to resolve the issues presented based on a review of the materials submitted and the contract documents. “After a complete review, the Department will issue a written decision on the Contractor’s claim.”

Step 2: Construction Claims Committee Determination.

If the contractor is not satisfied with M assDOT’s wr itten decision, the c ontractor may appeal to MassDOT’s Claims Committee: “ [w]ithin 14 Days after the receipt date of the Department’s written decision denying a c laim, the C ontractor may file a request with the Chief Engineer for a hearing before the Department’s Claims C ommittee.” The contractor should be prepared to file additional information with respect to the c laim, including as the Claims Committee may request. “ The C ontractor’s c laim

continued on page 31

Legal Corner continued from page 27 JUNE, 2024 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 29
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information must be enhanced to include sufficient description and information to enable understanding by a third party who has no knowledge of the dispute or familiarity with the Project and this documentation must also include a description of the efforts undertaken to resolve the dispute.” After a meeting with the Claims C ommittee, “ the Chief Engineer will provide to the Contractor a written determination on each claim.”

Step 3: Appeal to Administrative Law Judge or Suffolk Superior Court.

A c ontractor “ may” a ppeal t he C hief Engineer’s decision to MassDOT’s Administrative Law Judge and S ection 7.16 d etails t he i nformation to b e p rovided to t he Administrative L aw J udge. H owever, Step 3 a lso states t hat “ [a]t a ny t ime after t he d etermination by t he C laims C ommittee [ but w ithin applicable statute of limitations/repose p eriods], the Contractor at its sole discretion may appeal the Claims Committee’s determination to the Superior Court Department of the Commonwealth of Massachusetts in the County of Suffolk for further consideration.” I n light of t his l anguage, c ontractors will need to assess the pros of cons of proceeding with a f urther a ppeal b efore t he Administrative L aw

Judge o r i n S uffolk C ounty S uperior C ourt. C ontractors must c ontinue to keep d etailed r ecords, including “complete r ecords of t he extra c osts a nd time i ncurred r elated to t he c laim.” Records must be r etained f or at l east s even years f rom t he date of resolution of the claim.


For many years, the standard specifications set forth in the “Blue Book” had not undergone regular changes. However, MassDOT has been regularly updating its Standard Specs. These updates are not always clerical; as illustrated by Section 7.16, MassDOT has made substantive changes to its Standard Specs. As always, contractors are advised to familiarize themselves with the requirements of their contracts with MassDOT. Preparation of a contract matrix is often a useful tool to promote compliance with applicable contract requirements. n

Legal Corner continued from page 29 JUNE, 2024 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 31

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UCANE Members Travel to Washington DC to Meet with Congressional Delegation

UCANE’s Executive Director, Joseph Nolan, along with UCANE President Brian Cooney, (C. C. Construction, Inc.), and President Elect Chris Valenti, (GVC Construction, Inc.), journeyed to the United States Capitol in Washington DC during Infrastructure Week from May 13-16. Their purpose was to meet with members of the Massachusetts Congressional Delegation. They also engaged with the leadership of the Clean Water Construction Coalition (CWCC) of which UCANE is a member. CWCC champions the interests of UCANE and numerous other water-related construction associations while in the Capitol.

Accompanying the UCANE Delegation was Construction Industries of Massachusetts (CIM) Executive Director Jeff Mahoney, current President Matt McCourt, and other officers. This joint effort underscores UCANE and CIM's collaborative stance in advocating for the support of Massachusetts' water and transportation heavy construction industries on Capitol Hill.

In addition to productive sessions with the Clean Water Construction Coalition, the team held discussions with various Congressional representatives and their aides, including Congressman James McGovern; Congressman Richard Neal's Chief of Staff; Congressman Stephen Lynch; Congressman Wil -

liam Keating; Congresswoman Lori Trahan’s Chief of Staff; and Congresswoman Katherine Clark's Energy and Construction Policy advisor.

These meetings proved both enlightening and productive. Sustaining this dialogue with each Congressional team representing Massachusetts districts is paramount to ensuring their ongoing endorsement of clean water infrastructure initiatives and the continued growth of funding for these efforts.

Looking ahead, UCANE anticipates par ticipation in Water Week in April of 2025, further amplifying our advocacy for increased funding for water and wastewater projects and programs across the Commonwealth.


An IntervIew wIth BrIAn whIte, P.e.

DIrector of PuBlIc works town of BurlIngton, MA

Please tell us with a little bit about your professional training and background prior to attaining your current position?

I moved to Burlington as a kid and lived there throughout my childhood. I attended Shawsheen Valley Technical High School and chose drafting to focus on. While seeking a co-op job my senior year, Burlington’s Engineering Division was looking for someone to fill a part-time position that would help digitize maps using CAD. After graduating from Shawsheen, I attended UMass Lowell and obtained a Bachelor Degree in Civil Engineering, while continuing to work part-time for Burlington for a total of five years. Upon graduating, I worked for a year in the private sector before returning for a brief stint with the Town of Wilmington’s Engineering Division and ultimately ending up back with the Town of Burlington’s Engineering Division as the Assistant Town Engineer. During that period, I attended Northeastern University nights to obtain a Master Degree in Civil Engineering with a focus on construction management. I spent approximately 14 years in that role before accepting an Operations Manager position for six months and ending up in the DPW Director position for the last year and a half. Other notable training includes the MMA-Suffolk Local Government Leadership and Management Program, Mass. Tree Warden Association certification, and Mass. Drinking Water Distribution class with a D4 license.

Will you please give our readers some information on the size and population of the town of Burlington and some statistics on the various infrastructure that your department is responsible for maintaining?

is responsible for overseeing all Buildings and Cemeteries, Central Maintenance, Engineering, Highway, and Water & Sewer Divisions, and is responsible for the operation and maintenance of 26 town facilities, including three cemeteries, 200+ vehicles/equipment/ generators, 100+ miles of roads, 130+ miles of water main, 150 miles of sewer mains, 14 sewer pump stations, and t wo water treatment facilities (one groundwater and one surface water). We have a highly skilled Engineering Division, which includes of three licensed engineers and a licensed surveyor, another engineer with an FE, and three MCPPO certificates among the staff. This allows us to survey, design, and administer most of our capital projects in-house.

Burlington is a member of the MWRA Water System. Our status has recently changed from Emergency Connection to Supplemental. Our permit requires us to prioritize production at our Mill Pond (surface water) Treatment Plant before taking MWRA water. We have recently received approval to take 3.5 MGD daily avg and 6.5 MGD peak day. The permit from MWRA permitted us to apply to decommission the groundwater plant due to contamination issues and avoid several large capital improvements that were looming.

Burlington encompasses approximately 12 square miles with a population of approximately 26,500, but daytime population roughly doubles as a result of the large commercial presence. The DPW continued on page 39


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Has the Town or your department completed an Asset Management Plan or a Needs Survey for the underground infrastructure owned by the Town and is there a 5-Year Capital Improvement Plan in place to address those needs?

Our DPW has performed or maintained a number of CIPs. We’ve maintained a pavement management program with annual inspections for over 20 years. We have spent over 20 years t argeting sewer I/I with trenchless technology, first targeting defects based on the magnitude of I/I identified and recently switching to a CIP. We maintain a water database that tracks breaks which is used to establish a Capital Water Replacement Plan. Recently, our focus has been placed on sidewalk reconstruction and c onstruction, both of which we have programs.

How does Burlington normally fund water and sewer projects? Does your city/town utilize the SRF Loan Program through MassDEP for water infrastructure projects?

Along with Chapter 9 0 funds, we have been fortunate to receive road paving bonds issued

by Burlington on an every other year basis. O n the alternate years we have been receiving water bonds, as well, to upgrade our water mains. We have a sewer allocation policy that was established to address/comply with a sewer ACO. This, along with M WRA grant/loan programs, has allowed us to heavily invest in our sewer infrastructure. Much of our large c apital projects are funded through bonding or grants. The Town of Burlington is 9 9% sewered and all fl ows are discharged to the M WRA and directed to Deer Island for Treatment. We don’t see any sewer extensions in the near future. Looking ahead, our sewer needs would be primarily upgrades or rehabilitation. We have recently used SRF funds to construct PFAS Filters at our surface water treatment facility.

What do you see as the most pressing infrastructure needs for the Town in the next year or two, and are there any projects coming out to bid in 2024 or 2025 that UCANE contractors might be interested in bidding?

We c ontinue t o h ave a nnual r oad p aving p rojects. We w ill b e as king f or s everal m illion d ollars in funding over the next couple of years on two large sewer pump station and force main rehabilitation p rojects. T he D PW i s as king f or f unds this year to analyze and design a water meter upgrade a nd r eplacement p roject w e h ope t o b e funded i n t he n ext c ouple o f years. We a re a lso asking for funding to design and construct the last section of water main that was proposed in our MWRA c onnection w ith t he h opes o f c onstruction starting a year f rom n ow. B urlington i s a lso s eeking funding this year for a new police station and a new elementary school with hopes to construct over the next several years. n


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UCANE’s 50 th Annual Scholarship Awards Night

“Graduation is not the end; it’s the beginning.”

-Senator Orrin Hatch

On May 22, UCANE once again hosted our Annual Scholarship Awards Dinner, honoring 12 deserving students for their outstanding achievements during their high school or college years. Our scholarships are awarded to the children/grandchildren of UCANE members and their employees. The venue for the ceremony was the Sheraton Four Points Hotel in Norwood, MA. This year’s event marked a milestone for our Association by being the 50th Scholarship Awards Dinner.

This year’s recipients represent the “best of the best” of today’s youth, and they exemplify what UCANE stands for as an Association: honesty, dedication, commitment to family, and community, and no fear of hard work. The students were smartly attired for this event, looking very much like the successful future leaders they are sure to become, and many were accompanied by their proud parents and siblings.

UCANE’s commitment to provide financial support for the next generation of executives and leaders in their chosen fields has been unwavering for 50 years. UCANE member’s generosity is unparalleled when it comes to our Scholarship Awards Program. Our Association has awarded more than $1 million in scholarships since initiating the program in 1974.

Before dinner, students and their parents were able to meet with UCANE members and exchange pleasantries during the social hour. After mingling with the crowd, it was time for dinner and the Four Points staff did not disappoint, serving a sumptuous meal for the crowd of 175 to enjoy.

While salads were being served, UCANE’s Executive Director, Joe Nolan stepped up to the podium and introduced Rachel Pray, a 2016 UCANE Scholarship recipient who had reached out to UCANE and asked if she could say a few words to

continued on page 41


Scholarship Night continued from page 40

the 2024 recipients. Rachel described her appreciation on winning a 2016 scholarship from UCANE and how it propelled her to further achievements including a 4-year Bachelor of Science Degree in Biology and Neuroscience from Syracuse University. While at Syracuse, she enrolled in the ROTC program and at her commencement in 2020 she was also commissioned as a Second Lieutenant in the US Air Force. Rachel continued her military enlistment while pursuing her Medical Degree at Nova Southeastern University College of Medicine in Fort Lauderdale, Florida. This month Rachel will proudly receive both her Medical Degree in Osteopathic Medicine and her promotion to Captain in the US Air Force. She will begin her active-duty Residency in Internal Medicine at Keeler Air Force Base in Biloxi, Mississippi in July 2024. The daughter of Greg Pray, Branch Manager for UCANE member firm Mersino Dewatering in Putnam, CT, Rachel’s story was captivating and you could hear “a pin drop” throughout the room. Her advice to the young graduates about to embark on their next adventure was inspiring and motivational as she stepped down to a thunderous applause.

As dinner was winding down and dessert was about to be served, our Executive Director, Joe Nolan again approached the podium and began the Awards Program. Joe congratulated the scholarship winners for their impressive resumes and he wished the students continued success as their educational portion of their lives continues. Joe also recognized the parents who no doubt deserved a large amount of credit for supporting and guiding their children along their path, especially considering the challenges and distractions that their children face in these times.

Keynote Speaker Andrew Raycroft

Joe then introduced our keynote speaker for the evening, former Boston Bruins goalie Andrew Raycroft. who was sponsored by UCANE member Todd McDonald and Broadstone Advisors. Born in Canada, Andrew was drafted into the Boston Bruins program in 1998 and made his first professional appearance with the Bruins in 2000. In his first full year with the Bruins (2003-2004) Andrew had an outstanding 2.05 goals against average and won the NHL’s Calder Cup Trophy as Rookie of the Year. The “ Rayzor” played for the Bruins until 2006 before being traded to the Toronto Maple Leaf’s, where he set a Toronto single season record

continued on page 43



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with 37 wins in the net. Andrew played for several more NHL teams before calling it a career in 2012.

Andrew married Erin O’Brien from Foxboro in 2007 and they have three children and currently live in Wellesley, MA. He is an assistant coach for the UCONN Huskies hockey team and could be seen on NESN TV as an analyst during this recent Boston Bruins season.

Andrew again congratulated the award recipients and he recognized the hard work that each of t hem p ut i n to e arn t he U CANE s cholarship. He r eminded t he g roup to a lways r emember t he friends and family that gave you positive support along life’s way and to seek out new friends in college that are positive people and have a moral compass. From hi s own life’s experience, A ndrew told the audience that success in life does not often come e asy. H e told t he young g raduates n ot to b e afraid to step o ut of t heir c omfort zone at t imes, and to be prepared to work hard to reach their goal. Not everyone needs to be number one to succeed, but a lways b e r eady a nd a lways s how up w hen a n opportunity arises.

Joe thanked the “ Rayzor” for his inspiring remarks and then began the formal Scholarship Awards presentations. He explained that the criteria to earn a UCANE scholarship was more than just academics and class rank. The award is also weighted on a student’s par ticipation in school activities, dedication to teamwork via sports and clubs, after school work, and community engagement. Each application is reviewed by a committee of educators who are not

affiliated with UCANE.

As Joe introduced each scholarship recipient and impressed the audience with that student’s inspiring credentials, the family members looked on with pride. UCANE members were in awe of how many accomplishments each had already made in their young lives. With a lifetime ahead of them it seems the “sky is the limit” for this group.

Some UCANE history definitely permeated the room as each scholarship was dedicated in honor of, and in memory of prior UCANE leaders who were instrumental in creating the strong and respected association that UCANE is today. Family members and employees of these industry icons were on hand to say a few words to each winner and to offer their congratulations.

The 50th Annual Scholarship Awards Dinner was a great evening and a fitting tribute to UCANE’s history while, at the same time, all attendees recognized that the future looks bright for all of us, based on the caliber of the students that were introduced.*

Executive Director Joe Nolan closed our awards ceremony by congratulating our Scholarship recipients, thanking Rachel Pray and Andrew Raycroft for making the evening such a special event for all who attended, and by recognizing the UCANE members who make this night possible each year by gratuitously supporting our Scholarship Program without hesitation. n


PPreston Amaral

Albanese Brothers, Inc. Family Scholarship

reston is the son of Maria and Joel Amaral of Acushnet, MA. Maria works for UCANE member firm D. W. White Construction, Inc. of Acushnet, MA. Preston attended Fairhaven High School where he earned honors most of his high school career.

He participated in the Ambassador’s Club, National Honor Society, soccer team, and unified track. Outside of school he volunteered at the food pantry, his church, and Gifts to Give. In addition, he helps on his family’s farm daily by feeding and tending to the livestock and foul.

Preston’s Spanish teacher wrote of him, “ For the past t wo years, Preston has served as a student helper in my class, assisting some of the school’s English language learners. In this capacity, he has proved to be a very mature and empathetic young man, with a natural ability to assist and support others. He is always willing to help, and his positive attitude is a great motivator for the students. It is obvious that Preston lives by the values of hard work, trustworthiness, and integrity.” He will attend UMass Dartmouth where he plans to major in Civil Engineering.

Preston received the Albanese Brothers, Inc. Family Scholarship. Albanese Brothers, Inc. is a 46-year-old private family business. It was originally founded by brothers Marco and Giovanni Albanese in 1978, and is now owned and operated by Marco’s children Marcella, Maria, and Otto Albanese. Marcella was the recipient of UCANE’s highest honor, that of Contractor of the Year award. The company is highly respected in our industry and has been an avid supporter of UCANE over the years.

Samuel Blume

Arnold Belli Memorial Scholarship

Samuel is the son of Deborah and Robert Blume of Dedham, MA. Robert works for UCANE member firm Skanska USA Civil of Waltham, MA. He attended the University of Rhode Island (URI) where he earned his Bachelor’s Degree in Civil Engineering, and will continue his studies there for his masters in Civil Engineering.

During his undergraduate studies, Sam played on the URI intramural ice hockey league and was a member of Sigma Chi fraternity. He interned at UCANE member firm GZA GeoEnvironmental, Inc. and volunteered at the Julia Ruth House for Elderly Care, and Great Strides Cystic Fibrosis Foundation. For many of his college semesters he was on the Dean’s list, earned the URI Undergraduate Presidential Scholarship, and passed the FE Civil Engineering exam.

Sam’s professor wrote, “Samuel is very passionate about topics related to civil and environmental engineering, especially issues related to structural, geotechnical, and infrastructure. He is one of the most hardworking and detail-oriented students I have seen at URI.”

Sam received the Arnold Belli Memorial Scholarship. Arnold was the 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.


Brady Clark

Joseph D’Amico

Memorial Scholarship

Brady is the son of Victoria and Earl Clarke, Jr. of Wakefield, RI. Earl works for UCANE member firm Milton CAT. Brady attended South Kingstown High School in Wakefield, RI, where he was on the honor roll throughout his high school career. Brady will be attending Hofstra University, where he will major in Computer Engineering.

He earned certificates of achievement for excellence in symphony orchestra his junior year and excellence in English his sophomore year. His extracurricular school activities included Symphony Orchestra (Bb Clarinet First Chair), Concert Band (Bb Clarinet Second Chair), freshman mentor, and project venue club member. He also has volunteered at his church and school.

Brady’s math teacher wrote, “ Brady is a patient and diligent individual. He is quick-witted, intelligent, and charismatic. He is loyal, kind, considerate, and proactive. He maintains a positive outlook when faced with adversity, takes set-backs and criticism in stride, using each as an opportunity to grow. He is a voracious learner, a strong self-advocate, and a positive voice for those who feel overlooked.”

Brady was awarded the Joseph D’Amico Memorial Scholarship. Joe and his brothers Nino and Paul owned J D’Amico, Inc. and were valued members of our Association and the underground utility contracting community for more than 40 years. Joe 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. Mike Lenihan presented this scholarship to Brady in honor of Joe D’Amico.

EElla Connolly

Phil Jasset Memorial Scholarship

lla is the daughter of Jill and Brian Connolly of Quincy, MA. Brian is President of UCANE member firm ATS Equipment, Inc. of Boston, MA. Ella attended Notre Dame Academy in Hingham, MA where she received the President’s List Award all four years of high school for maintaining a 9 0 or above grade in every subject.

She was captain of the outdoor and indoor track teams her senior year. She also participated in many extracurricular activities including Peer Mentor, 1804 Society, Growing Greener Club co-captain, and Spanish Language and Culture Club secretary. Outside of school she volunteered at Matthew’s Crew and the Multiple Myeloma Society. Ella’s school counselor wrote, “Ella’s determination to make a difference for the greater good continues outside of Notre Dame’s academia with her involvement in many extracurricular activities. Her natural ability to care for the entire person with an empathic listening ear awarded her captain for both indoor and outdoor track. Ella’s enthusiasm and positivity spark is contagious and motivates her team mates.” Ella will attend Boston College and major in Biology on the Pre-Med track with a minor in Management.

Ella was awarded the Phil Jasset Memorial Scholarship. This scholarship was pr sented 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 for these programs.


GGrace Connolly

Robert DeSanctis Memorial Scholarship

race is the daughter of Jill and Brian Connolly of Quincy, MA. Brian is President of UCANE member firm ATS Equipment, Inc. of Boston, MA. Ella attended Notre Dame Academy in Hingham, MA where she earned scholastic honors all four years of high school.

She was a St. Michaels College Book Award winner; in recognition of volunteer service commitment and leadership, as well as a member of the National Honor Society. Her extracurricular activities included being an Officer of the 1804 Society, Cross Country captain her senior year, a Peer Mentor, an Our Mind Matters club leader, and coordinator of mission-based leadership group, and campus ministry coordinator/service group leader. Grace was also a volunteer and fundraising coordinator for Matthew’s Crewa mental health advocacy non-profit organization.

Her English teacher wrote, “With enthusiasm, I write to recommend Grace Connolly, the most exceptional student I have taught during my four-year tenure at Notre Dame Academy…Grace has an unmatched, sophisticated intellect, but she stands out because she is empathetic, emotionally intelligent, and the strongest leader I have taught or coached.” Grace will attend Boston College and is undeclared in her major, but is interested in studying education with a special education concentration and minors in English and Communication.

Grace was presented with the Robert DeSanctis Memorial Scholarship. This scholarship was 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.


Costa, Jr.

Frank McCourt Memorial Scholarship

Michael is the son of Kim and Michael Costa, Sr. of Warwick, RI. Michael Sr. works for UCANE member firm Ocean State Oil of North Kingstown, RI. Michael, Jr. attended Toll Gate High School and Warwick Area Career and Technical Center in Warwick, RI. He achieved high honor roll status all four years of high school.

Michael’s extracurricular awards included being SkillsUSA Cybersecurity State Champion in his senior year, being a CyberPatriot Platinum Champion his junior year and a CyberPatriot Platinum tier state runner-up his senior year. His Cybersecurity instructor said, “ Michael is an asset and a value to the classroom. He often serves as a role model to other students in the class, when guidance is needed. He freely offers his ideas, help, and knowledge during classes and labs. His participation and involvement have proven to be a proponent to the class as a whole.” Michael will attend New England Tech where he will major in Cybersecurity and Network Engineering.

This scholarship was awarded through the generosity of the McCourt family, in memory of Frank McCourt who was Chairman of the John McCourt Company. His c ompany specialized in major c onstruction projects including Logan A irport, Boston’s Central A rtery Project, the Callahan Tunnel, and the widening of Route 128.


Caroline Dean

Ronald Pacella Memorial Scholarship

Caroline is the daughter of Christine and Steven Dean of Kingston, MA. Steven works for UCANE member firm Barletta Heavy Division of Canton, MA. She attends the University of Michigan where she majors in Biomedical Engineering and earned Dean’s List and University Honors her freshman year.

Outside of classes Caroline is part of the Logistics Executive-Board, a member of the Pre-Surgical Club, Emergency Medical Services Club, and MedLaunch. She volunteers with the Ann Arbor VA Healthcare System and Sequoia Place (which is a senior living center). Her Student Administration Manager said of her, “Caroline has consistently demonstrated exceptional dedication, intelligence, and perseverance in her academic pursuits. One of her most commendable attributes is her willingness to challenge herself by enrolling in some of the most rigorous and demanding courses offered by our institution.”

This scholarship is awarded in memory of Ronald Pacella, who worked in the construction industry for over 50 years. Over the years Ron served on our Board of Directors and held all of our elected offices. In addition, he served t wo terms as UCANE President and in 1991 he served as President of the National Utility Contractors Association in Washington DC. Ron was also the recipient of UCANE’s highest honor, that of Contractor Member of the Year.

CChristian Farmer

Tony and Anthony Umbro Memorial Scholarship

hristian is the son of Colleen Wade of Mansfield, MA. Colleen works for UCANE member firm W. Walsh Company, Inc. of Attleboro, MA. Christian attended Xaverian Brothers High School in Westwood, MA, where he was a Trustee Scholar and on the Honor Roll all four years.

He was a four-year member of his high school football team, spring track team, and Spirit Hawk Club. Through campus ministry he participated in a week-long service trip to West Virginia where the group completed home improvement projects for locals in need, and a three-day service trip in Boston assisting at two soup kitchens, a women’s shelter, and a Boys and Girls Club.

His school counselor said of him, “As a student, Christian has continually impressed me with his effort and progression. Throughout four years of high school, he has been enrolled in a multitude of Honors and AP level courses. Within those classes he has found much success and his teachers are quick to comment on his maturity and preparation for class. Outside of the classroom he spends a great deal of time building community as an active member of the school’s athletic and social programs. He is a member of our varsity football and winter track programs where he is viewed as a student leader by coaches and teammates alike.” Christian will be attending the University of Tampa where he will major in Business with a minor in Economics or Entrepreneurship.

Christian received the Tony and Anthony Umbro Memorial Scholarship. This scholarship was funded through the generosity of the Umbro family in memory of t wo 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 sons joined the business. Tony’s son Anthony went on to become President and General Manager of Umbro & Sons Construction Corp.


OOlivia Flaherty


Zoppo Memorial Scholarship

livia is the daughter of Kathleen and Martin Flaherty of Duxbury, MA. Martin works for UCANE member firm WES Construction Corp. of Halifax, MA. She attended Notre Dame Academy, Hingham, MA where she earned President’s List her freshman and sophomore years and Principals list her junior and senior years.

Her extracurricular school activities included being part of the Notre Dame Academy 1804 Society, the Peer Mentorship program, and the Debate Club. She was a member of the National Honor Society, the French National Honor Society, Varsity Volleyball Team, Sports Medicine Club, Animal Ethics Club, Patriot Ledger All Scholastic, Patriot Ledger Athlete of the Week, a Catholic Conference Volleyball League All Star, and Massachusetts Volleyball Coaches Association All State Player. Her teacher said of her, “Olivia ‘s leadership skills are apparent both in the classroom and on the volleyball court. She’s able to balance a rigorous academic load and involvement in extracurriculars. In her sophomore year she co-founded the schools Debate Club. As co-president, she’s fostered an environment where students feel comfortable and confident expressing their opinions in lively discussions. This is all in addition to being a standout volleyball player both at school and on a club team.”

This scholarship was f unded by R . Zoppo C orp. in me mory of W illiam Zoppo, former President of R . Zoppo C orp. of Stoughton, M A. M r. Zoppo received U CANE’s highest ho nor t hat of C ontractor M ember of t he Year. Bill was a second-generation member following his father Rocco, who was one of UCANE’s founding members. Later, Bill’s son David continued the family tradition by becoming a third-generation member, who served as UCANE President and as a member of our Board of Directors for many years.

Brianna Johnson

Robert B. Our Memorial Scholarship

Brianna is the daughter of Teresa and Darren Johnson of Harwich, MA. Darren works for UCANE member firm Robert B Our Company, Inc. Brianna attends Northeastern University where she is majoring in Criminal Justice while minoring in Spanish and Law & Public Policy on the Pre-Law track.

She has been on the Deans list freshman through junior year, is a Dean Scholar, and a member of Sigma Delta Pi (National Collegiate Hispanic Honor Society). Her extracurricular activities include being an executive board member of Changing Health, Attitudes, and Action to Recreate Girls (CHAARG), a peer tutor, and a DIY club member. Brianna’s Success Coordinator wrote, “I have had the pleasure of directly supervising Brianna in her role as a Student Success Guide (SSG). In this role, Brianna served as a peer mentor to a group of 50 first-year learners, connecting them with campus resources and providing support on any challenges they might be facing. She is currently on co-op at a law office in Boston, an active member of several other student organizations, and completed wellness and resiliency training with RADical Health. She balances it all with grace and is truly a joy to supervise.”

Briana received the Robert B Our Memorial Scholarship. Robert B Our, Sr. was the former President of the Robert B. Our Company, Inc. of Harwich, MA. Because the Our family has been so incredibly supportive of UCANE and especially our scholarship program, 12 years ago our Board of Directors unanimously voted to present one of our scholarships in memory of Robert Our, Sr. However, we later received a letter from his son John who wrote, “my family could not think of a better way to honor our father’s name, and all he stood for, so the Our family is proud to begin funding this scholarship on an annual basis.


Daniel Kudron

Herman Snyder Memorial Scholarship

Daniel is the son of Julie and Mark Kudron of Oxford, MA. Mark works for UCANE member firm R. H. White Construction Co., Inc. of Auburn, MA. He attended Oxford High School in Oxford, MA where he was a member of the National Honor Society all four years.

Outside of being an excellent student, Daniel has been a member of the band, holding positions such as Sargeant Major, Lieutenant, and Captain. He has also been a member of the school chorus and a back stage crew member of the theatre department. His Band Director wrote, “It is a great honor for me to write this letter. I have known Dan for the past eight years, and I can describe him in one word, resilient. The reason I use this word to describe him is because no matter what obstacles stand in his way, he always tries his best to make the most out of any situation he is faced with in his life.” Dan will be attending UMass Dartmouth; he is undecided on his major but is interested in a degree in Construction Management or Engineering.

This scholarship was awarded in memory of Herman Snyder, founder of the prestigious construction law firm Hinckley Allen LLP. Hinckley Allen has been UCANE’s legal counsel for over 40 years and it is through their generosity that this scholarship is awarded.

RRiley McClure

Richard McCourt Memorial Scholarship

iley i s t he so n of D enise and J effrey M cClure of G eorgetown, M A. Jeffrey works for U CANE me mber fi rm Weston & Sampson. H e attends B ates C ollege in Lewiston, M E, w here h e i s majoring in Economics.

Outside of his studies R iley plays c ollege lacrosse. A fter t he t ragic shooting in Lewiston, M E, last O ctober h e h elped t he c ity to recover by volunteering his time at Lewiston Middle School and handing out candy to the city on Halloween. H is lacrosse c oach w rote, “ Riley i s an exceptional young man of c haracter, c ompassion, intellect, and le adership. H e has already made a t remendous impact o n o ur pro gram and c ampus community. Bates College is lucky to call Riley one of its own.”

Riley received t he R ichard M cCourt M emorial S cholarship, w hich was presented in me mory of R ichard M cCourt, former President of M cCourt C onstruction Company. Rich was one of the most respected contractors in our industry. A lthough his c ompany p erformed m ostly ro ad and br idge projects, h e was determined to support U CANE and o ur industry by b ecoming a me mber and t aking an active ro le in o ur A ssociation. H e also received U CANE’s highest honor, that of Contractor Member of the Year.


Maximizing Efficiency: 3 Reasons to Implement Geofencing Technology for Your Business

In today’s construction environment, where resources are frequently in demand and on the move, maintaining control and maximizing efficiency are paramount but often challenging. Geofencing has emerged as a game-changer in this effort, offering contractors real-time insights over their assets by enabling them to set virtual boundaries around jobsites or facilities, an action that leads to streamlined operations and informed decision making.

Below are three key efficiencies construction contractors gain from geofencing.

Equipment Maintenance Efficiency

Geofencing is revolutionizing maintenance operations by providing a c omprehensive overview of equipment status and location in real-time, helping to maximize productivity of mechanics, t ypically some of the highest paid and hardest to find employees.

By leveraging geofencing capabilities, contractors can easily identify needs, streamline maintenance workflows, and transition from reactive to proactive maintenance strategies. This is especially true for contractors who combine geofencing features with their equipment maintenance software.

An estimated 85% of all maintenance should be preventative. If your maintenance crew spends more than 15% of its time on equipment breakdowns, it’s time to review operations. The construction industry is moving toward knowing where project assets are at all times because this knowledge is power and a value add to businesses.

Geofencing saves drive time, as well as the environmental impact and fuel consumption of wasted mechanic miles. For example, a shop manager who is scheduling maintenance for a machine can also view all other machines within the same geofence that need maintenance, whether it is repair work or preventive work, and send one mechanic with all the tools and parts he/she needs to c omplete multiple work orders at a particular worksite. In one trip, the mechanic completes all maintenance needed - including some upcoming work in advance - and eliminates the need for numerous trips to the same jobsite.

Imagine the efficiencies created on multiple jobsites with various work orders per site. The implementation of such solutions has yielded remarkable results, with contractors saving millions of dollars.

Proficient Resource Allocation and Scheduling

Real-time telemetry data, combined with geofencing capabilities, empowers dispatchers to make continued on page 53

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Technology in Const. continued from page 51

informed decisions, from mobilizing equipment to optimizing workforce deployment, and enhancing overall project efficiency.

For instance, dispatchers can draw boundaries around the exact micro location of where the actual work will take place within a large jobsite. Then, a dispatcher simply deploys equipment and employees to the exact location and they can get right to work – no searching through files or walking the jobsite looking for equipment.

Dispatchers also utilize geofencing technology to validate that equipment is actually deployed where it's assigned, ensuring optimal utilization of resources. This is especially true for scheduling equipment moves, eliminating the frustration of sending a moving crew to a location only to find that a machine isn’t there anymore and was moved without the dispatcher being notified. This is a costly scenario that actually happens quite often.

With each jobsite having a geofence, and all equipment having telematics data, dispatchers can verify that the equipment is located where it’s supposed to be before going forward with the move.

We also hear stories of contractors renting equipment or deploying equipment from far-away locations to fill a job need when there are actually unutilized owned pieces of equipment kept on a nearby site because a crew “might” need them. Adding geofencing and meter-reading features to your scheduling workflow saves time, money and resources, mitigating issues of equipment sitting idle or being hoarded.

Enhanced Resource Tracking for Informed Decisions

Geofencing features, combined with tracking software, offer a new level of visibility into location and movement of assets and resources, empowering contractors to ensure assets are utilized to their

continued on page 54


Technology in Const. continued from page 53

fullest potential. From viewing real-time location of equipment to ensuring employees are on the correct jobsite, this technology combination enhances accountability and productivity.

For instance, c ontractors c an validate that planned work aligns with on-ground realities, enabling timely interventions and informed decisionmaking when they don’t. In addition, a project manager or site foreman c an also c onfirm employees and equipment are on the jobsite and validate how the hours of both are utilized when those hours are reported on an electronic daily log using a mobile device.

In summary, geofencing capabilities, used in conjunction with maintenance, scheduling and tracking software, create a powerful combination. The efficiencies created by the maintenance, dispatching and project management teams all having access to real-time data means all departments can work efficiently and pivot when needed to assure jobs are completed on time and within budget. n

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Led by Energy, Construction Materials Prices Surge in April

Led by energy, ConstruCtion MateriaLs PriCes surge in aPriL

WASHINGTON (May 14) — Construction input prices increased 0.5% in April compared to the previous month, according to an Associated Builders and Contractors (ABC) analysis of U.S. Bureau of Labor Statistics Producer Price Index data. Nonresidential construction input prices increased 0.6% for the month.

WASHINGTON (May 14) Construction input prices increased 0.5% in April compared to the previous month, according to an Associated Builders and Contractors (ABC) analysis of U.S. Bureau of Labor Statistics Producer Price Index data. Nonresidential construction input prices increased 0.6% for the month.

and gypsum product prices fell in April, oil and copper prices surged, driving the monthly increase. Rising input prices will put pressure on profits at a time when nearly 1 in 4 contractors expect their margins to contract over the next two quarters,

“Construction input prices jumped half a percentage point higher in April and have increased 3.5% over the first four months of the year,” said ABC Chief Economist Anirban Basu. “While iron, steel, asphalt and gypsum product prices fell in April, oil and copper prices surged, driving the monthly increase. Rising input prices will put pressure on profits at a time when nearly 1 in 4 contractors expect their margins to contract over the next two quarters,

“Construction input prices jumped half a percentage point higher in April and have increased 3.5% over the first four months of the year,” said ABC Chief Economist Anirban Basu. “ While iron, steel, asphalt


“Perhaps more importantly for contractors, the overall Producer Price Index reading for final demand goods and services increased 0.5% in April,” said Basu. “ This is yet another sign that inflation is accelerating and suggests that interest rates are set to stay higher for longer.”

“Perhaps more importantly for contractors, the overall Producer Price Index reading for final demand goods and services increased 0.5% in April,” said Basu. “This is yet another sign that inflation is accelerating and suggests that interest rates are set to stay higher for longer.”

ProduCer PriCe index aPriL 2024



Baltimore’s Francis Scott Key Bridge Disaster Brings Together the Largest Contractors and Largest Equipment in the U.S. Marine Industry

The March 26, 2024 Incident Puts into Motion

One of U.S. Maritime’s largest Recovery and Salvage Operations in U.S. History1

March 25, 2024 - The 1.6-mile Francis

The Sad and Historical Event

The City of Baltimore, Maryland and the Port of Baltimore was about to be rocked in the early morning hours of March 26, 2024 when a supersized cargo ship (named the Dali) began to motor out of Baltimore Harbor at 12:45 a.m. The Singapore based vessel was loaded with 4,700 – 40-foot-long steel containers. Per Baltimore maritime laws departing vessels are required to be captained by a local Baltimore Harbor Pilot until the ship clears the Harbor area.

At 1:25 a.m. the massive 985-foot-long and 157-footwide vessel suddenly lost power and, without any tugboat assist, began to drift forward at 6.5 knots just as it was about to pass underneath the Francis Scott Key Bridge. The massive cargo ship weighed 9 4,000 tons (plus a 100,000-ton payload) and it dwarfed the con -

crete piers and abutments supporting the bridge.

Once power was lost the captain of the vessel immediately broadcasted a MAYDAY alert that was picked up by the Port Authority and the Baltimore Police Dispatch. The Police alerted all cruisers patrolling the City to report to the bridge and block both ends of the bridge. Remarkably within four minutes (1:29 a.m.) two police vehicles were in place and had stopped vehicular traffic. Within seconds of blocking access to the bridge the Dali struck the bridge support at 1:30 a.m. Harbor security cameras recorded the horrifying scene as about 40% of the 1.6-mile bridge carrying four lane US Route. 695 collapsed into the murky Patapsco River in a domino t ype manner - all within 30 seconds of impact.

Scott Key Bridge in Baltimore built in 1977

March 26, 2024 - The giant Cargo Vessel Dali trapped under bridge debris from Francis Scott Key Bridge in Baltimore after losing power and striking a supporting abutment.

Unfortunately, there was an eight-man locally-based construction crew working repairing potholes on the bridge that night that could not be evacuated prior to collapse. All eight men fell 180 feet into the water with thousands of tons of bridge and roadway debris raining down on them. Miraculously, t wo of the workers survived the fall and were rescued by responding boats. Six of the workers did not survive and their bodies were eventually recovered during the lengthy salvage operations.

The bridge collapse forced immediate alternate and congested detours throughout the City to accommodate the 3 4,000 vehicles per day that used the Key Bridge. Bridge debris protruded from the waters and a bridge truss laid across the bow of the Dali, trapping the crippled vessel (and its 22-man crew) in the middle of the main navigation channel. Access was blocked into and out of Baltimore’s main seaport, one of the busiest on the Eastern seaboard. In 2023, the port ranked first in the United States for the import and export of automobiles and light trucks with 8 47,000 units being handled. The Baltimore Port Authority is the livelihood for over 8,000 workers every day. Maryland Governor Wes Moore estimated loss of the seaport would cost the region $15 million dollars a day.

Starting the next day, on March 27, 2024, the City of Baltimore, began coordinating with State and Federal Departments of Transportation, the US Coast Guard, Army Corps of Engineers, and some of the largest marine contractors in the US for what would become a long and expensive operation to remove the fallen bridge and highway debris in order to reopen the port of Baltimore.

Maritime Heavyweights Respond to Baltimore

Responding to requests from Maryland and a host of Federal and State Agencies, some of the foremost marine contractors on the East coast sent crews and equipment to Baltimore Harbor to assist with the daunting task of freeing up the mega cargo ship and removing an estimated 50,000 tons of steel, concrete, and asphalt debris from the bottom of the harbor. It was an elite group including Resolve Marine of Fort Lauderdale, Donjon Marine Co., Inc. of New Jersey, mega-contractor (and UCANE member) Skanska AB of Stockholm, Sweden and crisis and emergency management specialist Witt O’Brien’s of

continued on page 58


Bridge Disaster continued from page 57 Houston. Also providing major support was Weeks Marine (a Kiewit Company) from Cranford, New Jersey and Jay Cashman, Inc. from Boston.

Within days crews and equipment began to arrive and by late April the Corps of Engineers reported that they had assembled a fleet of 22 large floating cranes hard at work removing the wreckage, some of it covered in mud beneath the 30-foot to 50-foot deep murky waters of the Patapsco River. The first goal was to open up a channel for smaller vessels while developing a plan on how to safely dismantle the huge bent steel truss sections that trapped the Dali and blocked the main 700-foot long by 400-feet

wide by 50-feet deep shipping channel. An army of divers was recruited to locate the wreckage, transmit information to crane operators, and to secure heavy lifting cables to segments that were capable of being lifted by the cranes on the floating barges.

The largest heavy-lift floating crane on the East Coast is the Chesapeake 1000 owned and operated by Donjon Marine Co. of New Jersey. Built in 1972 at a cost of $5 million, and purchased by Donjon in 1993 the sheerleg crane has a boom that extends 230’ 9 ” and has an additional 25-plus-foot-long jib boom. It sits on a 191 foot by 101 foot barge requiring a draft depth of 20 feet. Donjon’s senior crane operator Vincent Del Maestro has been running the

continued on page 59

April 20,2024 - An armada of 22 cranes on floating platforms was used in Baltimore at peak operation to remove bridge debris and clear the shipping channels

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Scale House: 508-732-9148 Asphalt Plant: 508-732-9140

Manufacturer and Installer of Bituminous Concrete Products

Bridge Disaster continued from page 58 rig for the past 10 years and he and his crew call their 1,000-ton mechanized monster “Chessy.”

“Chessy” Gets Introduced to “Gus”

The large scope of the Baltimore disaster was a befitting jobsite to match up for the first time the largest floating crane on the East Coast with the largest hydraulic claw in the United States. Crews have nicknamed the 29-foot-tall hydraulic claw “Gus.” Weighing 200 tons, it arrived April 27 in Baltimore after a weeklong trip by barge from Galveston, Texas. “Chessy” can send “Gus” down as far as 260 feet to clamp debris. Its jaws, which consist of four hydraulic clamps, can open as wide as 29 feet. The pair started work on April 29 and their task is to help clear out 50,000 tons of bridge debris so the blocked Fort McHenry Channel can be fully reopened for shipping traffic to the port and so the Dali, which was still stuck under debris at the end of April, can be removed.

Progress Being Made on the Challenging Project

1. March 26: Cargo Ship Dali strikes an abutment and collapses the Key Bridge

April 27, 2024 - “Gus” arrives at Baltimore Harbor

2. March 28: Cranes and Barges and Divers begin arriving to site.

3. April 13: Largest single bridge piece removed at 500 tons.

4. April 21: First Temporary Channel is opened for smaller vessels releasing 130 commercial vessels that were trapped in port.

5. April 26: 3,000 tons removed to date.

continued on page 61

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Bridge Disaster continued from page 59

nel Chesapeake 1000 fitted with world’s largest grapple.

7. April 30: 22 Floating cranes, 10 excavators, 36 barges, and 27 tugboats on site.

8. May 8: Body of the last (sixth) construction worker was recovered from wreckage.

9. May 13: Largest section of bridge debris laying across the Dali bow was blasted into smaller pieces with dynamite.

10. May 20: Dali is freed from wreckage and pushed by tugs 2.5 miles to Seagirt terminal. Indian crewmen (22) allowed to disembark after 56 days on board the Dali.

The Salvage operation costs through mid-May (six weeks) were approximately $ 40 million. The target date to remove the remaining tons of debris and to fully restore the main channel to its design dimensions (700-feet long x 400-feet wide x 50-feet deep) is June 10, 2024. Estimated direct total costs for one of the largest marine salvage operations in United State’s history range between $75 million and $100 million. That does not include impacts to port opera -

tions nor costs to the City for detours and traffic congestion over the next four years.

State and federal officials continue to review design plans and funding arrangements for restoring the Key Bridge. Originally opened in 1977 at a cost of $60 million, the preliminary estimates to construct a replacement bridge in current dollars range between $1.7 billion and $1.9 billion with a 4-year construction schedule.

Multiple State and Federal Agencies also continue their investigations into the cause of the disaster and into potential liability and avenues for financial recovery.

To see the horrific moments of the Francis Scott Key bridge collapse visit n

Jay Cashman’s 1,200-ton clamshell dredge “the Dale Pyatt,” equipped with 30-cubic yard and 60-cubic yard buckets at work in Baltimore


Throughout the years, UCANE Members met with local and federal legislators to advocate for clean water funding.

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Tetanus Risks in Construction: A Crucial Awareness for Workers

Construction sites are dynamic environments where skilled workers engage in a myriad of tasks to bring structures to life. Amidst the hustle and bustle, it's essential for construction workers to be aware of potential health hazards, including the risk of tetanus. Tetanus, a serious bacterial infection, can pose a threat in the construction industry due to the nature of the work and the often challenging working conditions. In this article, we will explore what tetanus is, how it spreads, and why construction workers need to be particularly vigilant.

Understanding Tetanus:

Tetanus is a disease caused by a toxin made by the spores of Clostridium tetani, a bacterium found in soil, dust, and animal feces. Construction workers are at particular risk because the bacteria can enter the body through wounds or cuts, especially when working with materials that may harbor the bacteria, such as rusted metal or contaminated soil. When the Clostridium tetani spores enter a flesh wound, they grow into bacteria that can produce a powerful toxin, tetanospasmin. The toxin binds irreversibly to nerves that control muscles. The result is dangerous muscle spasms. These spasms can be so severe that they will actually break bones! When the spasms affect the jaw muscles, the mouth is forced closed (lockjaw). If the spasms involve the muscles used for breathing, then the individual will not be able to breathe and will die. Antibiotics can kill Clostridium tetani, but the toxin remains unaffected. The damaged nerves need to regenerate and this can take months. Of course, death is an omnipresent risk.

Common Tetanus Risks for Construction Workers:

1. Wounds and Cuts:

Construction sites are filled with potential hazards, including sharp tools, power saws, metal edges, and

abrasive surfaces. Outdoor sites are often muddy with less than stable footing. Workers often find themselves exposed to the risk of cuts and wounds, providing a gateway for tetanus-causing bacteria to enter the body.

2. Rusty Objects:

Rusty nails, metal surfaces, and tools are common on construction sites. When these objects come into contact with the skin, especially if there's a break in the skin, the risk of tetanus increases significantly.

3. Contaminated Soil:

Construction sites may involve digging or excavation work, exposing workers to soil that could harbor tetanus bacteria. Even minor skin injuries in contact

continued on page 69

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with contaminated soil can lead to tetanus infection.

4. Wastewater Environments:

For occupations that have potential to come into contact with wastewater illnesses associated with bacteria, viruses, parasites, and tetanus are a constant threat. Protection from infections by having had a tetanus/diphtheria shot is a must.

5. Insect bites:

Bites and stings are a relatively common occurrence for people who work outdoors and in enclosed environments where bees and wasps, insects and arachnids (spiders, scorpions, ticks and mites) feel at home.

The following situations, unrelated to construction work, may also transmit tetanus-causing bacteria:

• Gunshot wounds

• Compound fractures (an injury in which a broken bone pierces the skin, causing a risk of infection)

• Burns

• Surgical wounds

• Infected foot ulcers

• Dental infections

Preventive Measures:

1. Vaccination: The most effective way to prevent tetanus is through vaccination. All construction workers should ensure they are up-to-date on their tetanus vaccinations. Assuming that workers were all vaccinated against tetanus as children, then, as adults, they all need a booster vaccination every 10 years. The standard tetanus shot ( Td) protects one against tetanus, as well as from the infection diphtheria. There is also another version of the tetanus shot called Tdap (tetanus, diphtheria, acellular pertussis [whooping cough]). Once during adulthood, everyone should receive the Tdap version of the tetanus shot.

2. Protective Gear: Wearing appropriate personal protective equipment (PPE) can significantly reduce the risk of injuries and sub -

sequent tetanus infections. This includes gloves, longsleeved shirts, steel toed work boots, and other gear that provides a physical barrier between the worker and potential sources of cuts or contamination. In a wastewater environment where splashing may occur

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must be sure to add Tyvek suits, face shields,

and Nitrile gloves to

3. First Aid: Immediate and proper wound care is crucial. First Aid Kits should always be readily available at the work site and inside vehicles working on the site. Workers should promptly clean and disinfect any cuts or wounds, no matter how minor, to minimize the risk of bacterial entry.

4. Site Cleanliness: Maintaining a clean and organized construction site can help reduce the presence of contaminants. Regularly removing debris, rusty materials, and keeping work areas clean contributes to a safer work environment.


Construction workers play a vital role in building our communities, but the nature of their work exposes them to various health risks, including tetanus. By understanding the risks and implementing preventive measures, such as vaccination, protective gear, and proper wound care, construction workers can safeguard their health and well-being. It's crucial for both employers and workers to prioritize safety and create an environment where the risk of tetanus and other occupational hazards is minimized. n

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Mashpee Voters approVe phase 2 of WasteWater prograM

On May 6, 2024 voters at Mashpee’s Annual Town Meeting approved going forward with additional funding in the amount of $96.1 million for Phase 2 of the town’s extensive sewer program. The wastewater treatment projects are a serious commitment by the town of 16,000 residents to clean up local waterbodies and embayments and restore habitats that have been lost to nitrogen pollution caused by aging and failing septic systems.

At the Town Election Day on May 11, the Town solidified their commitment to protecting Cape Cod waters. 2,500 voters showed up at the polls and, by a voting margin of 4:1, approved financing of the Phase 2 program through an override to Proposition 2½.

Mashpee will utilize MassDEP’s State Revolving Loan (SRF) fund that offers a 25% loan forgiveness through the Cape and Islands Water Projection Fund. Another 3.3% principal forgiveness is available through Massachusetts Clean Water Trust. The balance will be borrowed at 0% interest rate with payments not starting until construction is complete in 2029. The 30-year note will cost the average Mashpee taxpayer approximately $75/yr on their residential tax bill, according to Mashpee’s Town Manager.

Phase 2 is comprised of a “ North” section and a “South” section. Both sections are in the design phase with portions of each phase possibly going out to bid in early 2025. In total Phase 2 will bring sewers to about 4,000 residences.

The “ North” Section of Phase 2 includes portions of Cotuit Rd and South Sandwich Rd and neighboring streets situated between Mashpee Pond and Santuit Pond. It also includes part of Main Street and Meeting House Road and abutting streets. The North Section involves about 2600 homes.

The “South” Section of Phase 2 includes Mashpee Neck located between Mashpee Neck Road and the Simon’s Narrows waterway that flows into Pomponesset Bay. Approximately 1400 residences will be

sewered in the “South” section of Phase 2.

Phase 1 Sewer Program Wrapping Up: Phase 1 of the project was approved at the May 2021 Town Meeting in the amount of $54 Million. Phase 1 included construction of a new sewer system to serve about 440 residences located along Route 28 and south along Mashpee Neck Road. Three separate contracts were put out to bid starting in the Fall of 2021. Parts of Phase 1 construction is still underway with completion estimated by the end of 2024. Homes are expected to continued on page 73

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connect to the Phase 1 sewers starting in 2025.

Future Phases: The 30-year wastewater program is subject to periodic monitoring of the water bodies to determine progress toward meeting MassDEP’s nitrogen reduction level goals. Future phases can be modified or adapted based on the success of prior sewer phases and other nitrogen reducing programs (i.e., shellfish aquaculture; fertilizer management). The Town’s consultants, GHD Engineering, will analyze results and determine how much more work future

Cod continued from page

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

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

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

• Notify non-member facility owners.

• Maintain the marks placed by underground facility owners.

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

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

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

• Know your state’s excavation requirements.

• Go to for educational material and current laws.

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Funding for Cape Cod Bridges Advances MassDOT to Produce a Schedule for the Sagamore

The Existing Cape Cod Bridges over the Cape Cod Canal (Bourne Bridge in foreground)

Massachusetts will commit $700 million in state funding toward the construction of two new bridges to replace the aging spans connecting Cape Cod to the mainland, officials recently announced.

derstanding that calls on Massachusetts to foot $700 million of the bill and the Corps to provide another $600 million, subject to congressional appropriation.

Officials have previously estimated replacing both bridges could cost more than $4.5 billion, and the announcement of a new agreement did not address the full funding needs of the two projects.

The U.S. Army Corps of Engineers, which owns and operates both the Bourne and Sagamore bridges, and the state Department of Transportation announced a new memorandum of un - continued on page 76


Cape Cod Bridges

continued from page 75

Massachusetts recently received $372 million in federal grants and another $350 million in a federal appropriations bill to help cover Sagamore Bridge replacement costs.

The project timeline calls for replacing the Sagamore Bridge by 2034 before moving on to the Bourne Bridge. Crews plan to build each successor span " fully offset from the existing bridge," according to a press release, so vehicles can continue to use the old bridges while new construction is underway.

Under a new agreement, when the t wo bridges to Cape Cod are finally built, Massachusetts will own them, not the federal government who has owned them since being opened to the public over 9 0 years ago. n

Rendering of the proposed new Cape Cod Bridges Serving the Bonding and Insurance needs of the industry for almost 50 years. Adam DeS anctis Jam es Axon M ichael G ilbe rt Br yan J uw a
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Beyond the Blueprint: A Comprehensive Guide to Crime Protection

In today's bustling construction landscape, the risks posed by various forms of crime—from embezzlement to fraud and theft—cannot be overstated. However, by implementing strategic prevention measures and comprehensive crime protection strategies, you can mitigate these risks and safeguard your assets and your reputation.

Understanding the Threat:

Unfortunately, criminal activities are all too common in construction. Consider, for instance, the insidious nature of embezzlement schemes, where controllers manipulate financial records to siphon funds from company accounts. Similarly, fraudulent practices like fake vendor invoices and payroll fraud can drain resources and undermine the integrity of your operations. Moreover, bid rigging, a form of collusion among controllers, distorts the fairness of bidding processes, compromising the transparency and competitiveness of your projects.

To effectively combat construction crimes, it's imperative to adopt a proactive approach focused on prevention and deterrence.

Here are four strategic prevention measures you can implement:

1. Robust Internal Controls: Establish stringent financial controls, including segregation of duties and regular audits, to deter and detect fraudulent activity within your organization.

2. Employee Training and Awareness: Educate your staff about common scams and red flags, empowering them to identify and report suspicious behavior promptly.

3. Enhanced Security Protocols: Implement comprehensive security measures, such as sur-

veillance systems, access controls, and perimeter fencing, to deter theft and vandalism on your construction sites.

4. Due Diligence in Vendor and Supplier Selection: Minimize the risk of fraud by verifying the legitimacy of vendors and subcontractors, conducting thorough background checks, and establishing clear contractual agreements.

Understanding Crime Coverage:

Commercial crime insurance for a construction and utility contractor serves as a crucial safeguard against various financial losses stemming from crimi -

continued on page 78


Insurance Perspective continued from page 77

nal activity. Let's delve into the specifics of what this coverage typically includes:

• Employee Dishonesty: This protects the company from financial losses incurred due to fraudulent actions perpetrated by employees. Whether it's a controller orchestrating embezzlement schemes, generating fake invoices, or manipulating payroll records, this coverage offers reimbursement for the stolen funds.

• Forgery: Forgery coverage extends to losses arising from the fraudulent alteration or creation of financial documents, such as checks, money orders, or contracts, aimed at pilfering money from the company.

• Theft of Money and Securities: This aspect of c rime c overage provides reimbursement for stolen cash, checks, or valuable documents, offering financial protection against theft-related losses.

• Computer Fraud: In an era marked by increasing digital threats, this coverage addresses losses resulting from cybercrime activities such as data breaches, hacking incidents, or fraudulent electronic transfers initiated by criminals targeting the company's financial systems.

• Extortion: Extortion coverage comes into play when the company faces threats of violence or property damage designed to coerce monetary payments. This facet of coverage can help recover funds extorted from the company, mitigating the financial impact of such coercive tactics.

• Fidelity Bonds: Fidelity bonds represent an additional coverage option that acts as a guarantee for the honesty of specific employees, particularly in scenarios where controllers handle significant amounts of company funds. In the unfortunate event of employee fraud, the bonding company reimburses the employer for the loss, up to the bond limit.

Moreover, some crime coverage policies may offer optional coverages such as:

• Disappearance and Destruction of Valuable Property: This coverage extends to theft or damage incurred by equipment, tools, or materials, providing financial protection against losses resulting from their disappearance or destruction.

• Bid Depository Bonds: These bonds guarantee that a contractor will fulfill the terms of a contract if they win a bid, offering reassurance to clients and enhancing the contractor's credibility in the bidding process.

continued on page 79


Let us review your programs and recommend improvements to ensure you are fully protected should the unexpected happen.


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Tailoring Coverage:

An insurance advisor can help you assess your company's specific risks and tailor a crime coverage policy that meets your needs. This might involve considering factors like:

• The size and structure of your company

• The value of the money and valuables you handle

• The number of employees you have

• The types of projects you undertake By having a comprehensive crime coverage plan, construction and utility contractors can mitigate the financial risks associated with employee dishonesty and other criminal activities.

In the fast-paced world of construction, where progress is paramount, the threat of criminal activity looms large. By adopting a proactive approach to crime prevention and investing in comprehensive crime protection, contractors can mitigate risks, safeguard assets, and ensure the successful completion of their projects. From robust internal controls and employee training to comprehensive insurance coverage, a multi-faceted approach is essential for safeguarding against construction crimes and ensuring the successful completion of projects. n

Insurance Perspective continued from
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