Construction Outlook September 2023

SEPT | 2023

The Battle To Preserve Cape Cod Waters Massdep Revises Title 5 on Cape Cod

Cape Cod Bay

UCANE Interview:

Senator Becca R ausch

Buzzards Bay

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14 Locations to Serve You: MASSACHUSETTS

N. Oxford (800) 922-8295 Billerica (800) 531-2266 Plymouth (800) 916-0997 Springfield (800) 734-5594 Swansea (800) 456-6885

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Hermon (866) 416-3764 Houlton (866) 416-3765 Ft. Kent (207) 834-6701 Westbrook (866) 416-3763

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Pembroke (800) 852-3338 NEW YORK

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VERMONT

Springfield (800) 639-3071 Williston (800) 422-4955

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SEPTEMBER, 2023

IN THIS ISSUE

OFFICERS President RYAN McCOURT McCourt Construction Company

President-Elect BRIAN COONEY

5 President’s Message:

Completing Work Today, Planning for Tomorrow

7 Legislative Update: •

C. C. Construction Inc.

Treasurer CHRIS VALENTI GVC Construction, Inc.

Secretary QUERINO PACELLA RJV Construction Corp.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Brothers, Inc.

VINCENT BARLETTA Barletta Heavy Division

MIKE BISZKO, III

• • • •

MassDEP Promulgates One-Time Large Entity Reporting Requirement for Emissions Planning Governor Healey Signs First Fiscal Year Budget; Offers Strategic Amendments and Vetoes BWSC Announces Free Lead Pipe Replacement for Boston Property Owners AGO Releases Annual Labor Report News in Brief

21 UCANE Interview:

Senator Becca Rausch (D-Needham)

25 Save the Date: UCANE’s 69th Anniversary Banquet 27 Legal Corner:

Biszko Contracting Corp.

New Final Rule Brings Numerous Changes to Davis-Bacon Act Requirements

CALVIN BRANDFORD

31 Under the Hard Hat:

CHB Excavating

CHRISTOPHER CLARK World Insurance Associates, LLC

JULIA D’ALLESSANDRO D’Allessandro Corp.

GEORGE DeFELICE DeFelice Corporation

JERRY GAGLIARDUCCI Gagliarducci Construction, Inc.

JOE GIOIOSO P. Gioioso & Sons, Inc.

JUSTIN GOODHEART J. F. White Contracting Co.

DAVID HAMILTON

An Interview with UCANE Board Member Chris Valenti, GVC Construction, Inc.

37 In Memoriam:

Carol Ann (Smith) Beaudoin, Tierra Construction, LLC

39 Massachusetts DEP Issues Revised Title 5 and Watershed Permitting Regulations for Cape Cod 42 Cape Cod’s Newest Nightmare 55 Public Works Pipeline:

An Interview with Kevin Cafferty, Director of Public Works, Town of Scituate, MA

61 UCANE Welcomes New Members 63 Safety Corner:

E. J. Prescott, Inc.

The Role of Personal Exposure Monitoring

DAN HORGAN

65 Insurance Perspective:

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

LISA FRENCH KELLEY W. L. French Excavating Corp.

JIM MADDEN Palmer Paving Corp.

CHIP McDONALD

If OSHA Comes Knocking, Are You Prepared and Protected?

67 2022 State of the Waters: Cape Cod 69 Transitioning From Hard Hats to Safety Helmets 71 UCANE Member Testimonials

ATS Equipment, Inc.

MIKE OTTAVIANO Jolin Paving & Excavating, Inc.

ROBBIE OUR Robert B. Our Co., Inc.

BRIAN RAWSTON Jay Cashman, Inc.

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

Completing Work Today, Planning for Tomorrow This is the time of year when our weather transitions between summer and fall. As the kids went back to school, we were hit with one of the hottest weather stretches of 2023. In the meantime, football season has started, the leaves will soon be falling, and the first cold spell of the fall season will soon be upon us.

I

hope everyone is still busy as we head toward the end of the “official” construction season. However, while we work hard to complete this year’s projects, it’s not too early to look ahead to 2024.

MassDEP is busy reviewing applications submitted by cities, towns, and authorities in an effort to qualify for a SRF loan to fund water infrastructure projects throughout the State. Those projects that eventually qualify will appear on the 2024 Intended Use Plan (IUP list), which UCANE publishes every year in Construction Outlook magazine. Highlights in the 2023 IUP included $878 million for 59 new Clean Water construction projects, and approximately $311 million being offered to finance 39 new Drinking Water construction projects. Overall, approximately $1.33 billion has been authorized for new, multiyear, and planning projects.

Along with the additional project authorizations, there is also significant funding available for communities to qualify for principal forgiveness and grants, something UCANE has strongly advocated for as an incentive for municipalities to apply for and approve these critical projects.

As always, UCANE will continue to work with MassDEP and other stakeholders to ensure the maximum number of projects are approved and put out to bid. The need continues to grow, as applications for the 2024 list are reported to be SEPTEMBER, 2023

at record levels. With additional funding from the Federal Infrastructure Investment and Jobs Act (IIJA), stimulus, and surplus revenues, municipalities continue to prioritize water infrastructure.

Cape Cod continues to move forward and make progress on their wastewater issues after years of inaction. The Cape is certainly not alone in dealing with water quality issues, as towns across the state need to fund projects in the near future.

Large scale discharges of untreated wastewater, over a billion gallons, in the state’s rivers from the Charles to the Connecticut Rivers, and especially the Merrimack River, highlight the combined sewer overflow (CSO) issues facing the region.

Many other municipalities need to update, upgrade, and expand their water infrastructure to further their housing and economic development opportunities.

While we strive to take full advantage of this infusion of additional funds, UCANE will continue to lobby for a long-term funding solution for our underground utility infrastructure as we deal with additional challenges such as PFAS, lead, and climate resiliency.

Of course, our members are focused on completing their current projects, which is why UCANE continues to work to assure that critical funding and work continues to come down the pipeline in 2024 and beyond. n

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MassDEP Promulgates One-Time Large Entity Reporting Requirement for Emissions Planning

O

n Friday before the Labor Day weekend, the Massachusetts Department of Environmental Protection (MassDEP) filed its long-expected regulation, 310 CMR 7.41: Large Entity Reporting Requirement, with the Massachusetts Secretary of the Commonwealth. The new regulation requires certain owners of medium- and heavy-duty (MHD) vehicle fleets to submit a one-time report to MassDEP six months after the regulation is finalized (i.e. March 1, 2024). According to the agency, this report will enable the MassDEP to assess the best way to develop electric vehicle charging infrastructure and other programs to support and accelerate the MHD zero emission vehicle (ZEV) market in Massachusetts. The proposed regulation is modeled on the California Air Resource Board (CARB)’s one-time Large Entity Reporting (LER) Requirement for medium- and heavyduty (MHD) vehicles.

The one-time Large Entity Reporting Requirement applies to each of the following entities: a) Any entity with gross annual revenues greater than $50 million in the United States for the 2022 tax year, including revenues from all subsidiaries, subdivisions, or branches, that operated a facility in Massachusetts in 2022 and had one or more vehicles over 8,500 lbs. GVWR under common ownership or control that were operated in Massachusetts in calendar year 2022. b) Any fleet owner in the 2022 calendar year that had 40 or more vehicles with a GVWR greater than 8,500 lbs. under common ownership or control and operated a facility in Massachusetts. c) Any broker or entity that dispatched 40 or more vehicles with a GVWR greater than 8,500 lbs. into or throughout Massachusetts and operated a facility in Massachusetts in calendar year 2022.

SEPTEMBER, 2023

d) Any Massachusetts government agency, including all state agencies and local municipalities, that had one or more vehicles over 8,500 lbs. GVWR that were operated in Massachusetts in calendar year 2021 and any non-public school that operated one or more school buses over 8,500 lbs. GVWR in calendar year 2022. e) Any federal government agency that had one or more vehicles over 8,500 lbs. GVWR that were operated in Massachusetts in calendar year 2022.

The following entities, facilities, or vehicles are exempt from the reporting requirement: (a) military tactical vehicles and military tactical facilities owned or operated by the United States Department of Defense and/or the United States military services; (b) vehicles awaiting sale and (c) emergency vehicles as defined under the regulation. Information that must be reported includes the number of vehicles, general information about the vehicle home base where vehicles are domiciled or assigned to determine suitability for electrification, and information about vehicle operating characteristics, such as fuel, vehicle type, typical mileage per day and year, typical replacement cycle, whether the vehicle has predictable usage patterns, and whether the vehicle returns to a home base daily, remains near base, remains parked for 8+ hours, or is used to support emergencies.

Again, entities subject to this regulation must submit the required report by March 1, 2024. To find a copy of the regulations, please visit: https://www. mass.gov/doc/310-cmr-741-large-entity-reportingrequirement/download. To view the reporting form and accompanying spreadsheet, please visit: https:// www.mass.gov/how-to/large-entity-reporting-requirement. continued on page 9

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SEPTEMBER, 2023

Legislative Update continued from page 7

Governor Healey Signs First Fiscal Year Budget; Offers Strategic Amendments and Vetoes

A

s widely reported, Governor Maura Healey signed a $55.98 billion state budget for fiscal year 2024 (FY24) in the first days of August. The FY24 budget was the Governor’s first substantial opportunity to exercise her lineitem authority. While approving a vast majority of the annual budget, the Governor did trim $272.42 million from 35 different line-item vetoes while amending certain outside policy sections.

Of particular note to UCANE members, the Governor took the following actions: • Approved: $63.3 million for the contract assistance line-item, which supports the important work done by the Clean Water Trust.

• Approved: $52 million for the administration of the Massachusetts Department of Environmental Protection, which plays a pivotal role in operating the various SRF programs.

•

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

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

The Conference Committee report included 112 outside policy sections, a greater number than what had been adopted by either the House (48) or Senate (91). Again, one particular outside section that may be of interest to certain UCANE members relates to quarries and pyrite. The Conference Committee contained an outside section that would require any person seeking to mine, continued on page 11

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SEPTEMBER, 2023

Legislative Update continued from page 9 expand, excavate or otherwise operate a quarry for the purpose of producing concrete aggregate for sale or use in foundations, structural elements or infrastructure, such as roadways and bridges, submit to the Massachusetts Department of Transportation (MassDOT) and the state geologist an application for a license to conduct such quarry activity. While the Conference Committee report contemplated the required regulations being enacted by the end of the year, the Governor returned an amendment extending the date for filing regulations until July 1, 2024.

Under the soon to be developed standards, each quarry license application shall consist of: (i) a description of the geographic location of the quarry; (ii) a quarry operations plan including, but not limited to, mining, processing, storage and quality control methods; (iii) a geological source report, consistent with subsection (c); and (iv) the results of aggregate testing for the presence of pyrite or pyrrhotite, consistent with subsection (d). Each license application shall be accompanied by a fee in an amount to be determined by MassDOT. This initiative stems from an ongoing effort to highlight the impact pyrite has on reducing the effectiveness of concrete.

Otherwise, the FY24 budget, for the first time, uses $1 billion in new revenue generated from the voter-approved Fair Share income surtax. In doing so, the budget provides an additional $524 million for education and $477 million for transportation through a broad range of program specific appropriations.

Given the recent increase in state revenues, the Commonwealth’s stabilization fund (i.e. “rainy day fund”) will now grow to more than $8.5 billion

after an anticipated $525 million deposit. Finally, the FY24 budget plan reflects a set-aside or forbearance of approximately $580 million for the first year of a tax relief initiative being developed by the Massachusetts legislature through a conference committee on the competing House and Senate proposals.

To view the FY24 budget, including the various amendments and vetoes, please visit: https:// budget.digital.mass.gov/summary/fy24/. continued on page 13

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Legislative Update continued from page 11

BWSC Announces Free Lead Pipe Replacement for Boston Property Owners

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he Boston Water & Sewer Commission (BWSC) announced that it now offers private lead service lines replacement at no cost to property owners, a move that is expected to accelerate BWSC’s intensive efforts to make Boston lead pipe free. Funding from the Federal Bipartisan Infrastructure Investment and Jobs Act will defray the costs of the initiative and enable Boston to replace remaining private lead service lines for free.

At the source of supply, Boston’s drinking water, which is provided by the Massachusetts Water Resources Authority (MWRA), is lead-free when it leaves the reservoirs. Neither MWRA’s nor BWSC’s water distribution mains contain lead. Lead can enter the drinking water when water remains standing in a lead service line for long periods of time. Also, lead solder used in plumbing, and older brass fixtures can contribute to lead in drinking water. Replacement of private lead service lines is an important public health issue because excessive amounts of lead in the body can cause serious adverse health effects.

SEPTEMBER, 2023

According to a press release issued by the agency, BWSC has long been a national leader in private lead service line replacement and has removed thousands over the last three decades. Most recently, BWSC offered private property owners grants up to $4,000 for lead service pipe removal, an amount that often covers the entire job or leaves a balance that can be repaid interest free. For various reasons some owners were left with larger remaining costs to remove their lead service pipes, especially those whose properties are set back from the street, a situation that increases lead pipe replacement costs.

To view the Commission’s Lead Service Map at: https://www.bwsc.org/environment-education/maproom/lead-service-map to look up information on the status of their property. For more information about lead in drinking water and to find out how to participate in the new No Cost Lead Replacement Incentive Program, Boston residents may contact the BWSC at the Lead Hotline (617) 989-7888. continued on page 15

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SEPTEMBER, 2023

Legislative Update continued from page 13

I

AGO Releases Annual Labor Report

n what has become an annual event for the Attorney General’s Office (AGO), Attorney General Andrea Joy Campbell released the 2023 Labor Day Report, highlighting efforts to protect workers across the Commonwealth. As reported, in Fiscal Year 2023, the AGO’s Fair Labor Division (FLD) assisted more than 11,000 workers to secure $4.2 million in restitution for workers and $9.2 million in penalties.

The report highlights the AGO’s success in enforcing the myriad of existing laws and regulations governing the payment of wages and benefits throughout the Commonwealth. Of note to the construction industry, the FLD assisted nearly 600 construction workers with wage theft claims and assessed $1.2 million in restitution. Further, the new AGO’s Child Labor Working Group has centralized the Office’s ongoing work, partnered with educators and administrators across the Commonwealth to identify and intervene in cases of harmful working conditions. As a result of these activities, Attorney General Campbell issued citations totaling over $517,000 against various franchises for child labor violations.

FLD has also preserved workers' rights in the Commonwealth by issuing citations against employers for illegal employee misclassification. The citations totaled over $5.1 million in restitution and penalties for misclassification enforcement and helped over 1,300 workers. Notably, the AGO has enforced Massachusetts’ laws in the gig economy, issuing three citations against a company for $6.2 million for misclassifying their employees as independent contractors and denying workers access to earned sick time.

Overall, the AGO report highlights the strong

work across a wide variety of industries, in which certain companies have not paid the proper wages or benefits, enforcing the Commonwealth’s existing wage and benefit laws. To review the AGO report, please visit: https://www.mass.gov/files/documents/2023/08/31/2023%20LABOR%20DAY%20 REPORT.pdf. continued on page 17

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SEPTEMBER, 2023

Legislative Update continued from page 15

News in Brief •

Botsford appointed as State Ethics Commission Chair. The Honorable Margot Botsford (ret.), formerly an Associate Justice of the Massachusetts Supreme Judicial Court, has been appointed by Governor Healey to the State Ethics Commission and designated by the Governor as the Commission’s Chair. Chair Botsford succeeds former Chair Maria J. Krokidas. Chair Botsford was appointed to the Supreme Judicial Court in 2007 by Governor Deval Patrick and served until her retirement in 2017. Previously, she served for 18 years as an Associate Justice of the Superior Court, a position to which Governor Michael Dukakis appointed her in 1989. Prior to her service on the bench, Chair Botsford was an Assistant Attorney General under Attorney General Francis X. Bellotti, an Assistant District Attorney in the Office of Middlesex District Attorney Scott Harshbarger, and a Law Clerk to Supreme Judicial Court Justice Francis J. Quirico. A magna cum laude graduate of Barnard College, she received her law degree from Northeastern University School of Law and holds a master’s degree in public administration from Harvard University’s John F. Kennedy

SEPTEMBER, 2023

•

School of Government.

Baacke is Next Commissioner of DCAMM. August also saw the appointment of Mr. Adam Baacke as the next Commissioner of the Division of Capital Asset Management and Maintenance (DCAMM), effective September 25. DCAMM directly manages approximately 3 million square feet of state buildings, and approximately 2,500 acres of surplus property land. As a replacement for long-term Commissioner Carol Gladstone, Mr. Baacke comes to the Administration from the University of Massachusetts Lowell where he has spent the past nine years, most recently as Assistant Vice Chancellor for Campus Development.

As a member of the university’s senior cabinet, he has led and managed campus development, including planning for a one-million-square-foot mixed-use development through a public-private partnership on its East Campus. He has also led a 25-person planning and capital project delivery office for UMass Lowell with an active project portfolio exceeding $150 million. Prior to UMass, Mr. Baacke worked for the City of Lowell for 14 continued on page 19

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Legislative Update continued from page 17

•

•

years, including seven years as Assistant City Manager for planning and development where he oversaw the Gateway City’s long-range planning and development.

Tibbits-Nutt to Serve as Acting Secretary of MassDOT. With Secretary Gina Fiandaca’s announcement she was leaving her position in mid-September, Undersecretary for Transportation Monica Tibbits-Nutt has been named as the Acting Secretary for the Massachusetts Department of Transportation (MassDOT). Acting Secretary Tibbits-Nutt worked for the Mid-Ohio Regional Planning Commission, the City of Columbus Planning and Development Office, and the Greater Linden Development Corporation.

She was previously the Executive Director of 128 Business Council, a private organization that ran a transportation service in the greater MetroWest area, as well as a former member of the MBTA Board of Directors. She received a bachelor’s degree from the University of Southern Indiana and a master’s degree in city and regional planning from the Ohio State University.

AG Certifies Large Grouping of Potential Ballot Questions. As reported by the State

House News Service, Attorney General Campbell announced that she has certified almost all of the 42 potential ballot questions (proposing 38 laws that could be decided at the 2024 ballot and four Constitutional amendments that could be decided in the 2026 election) that had been filed by the August deadline. Thirty-four proposals (many representing the same issue, simply worded in different manners) were certified, seven were not certified and one was withdrawn. Among the initiatives that will move towards next year's ballot include, but are not limited to, the classification of on-demand drivers on app-based platforms, a proposed law requiring voter identification, the requirement to pass the MCAS test as a condition of high school graduation, the legalization of psychedelic substances, and a gas tax freeze based on fuel price, among other initiatives. To proceed to the next stage of consideration, petitioners must gather 74,574 signatures which must be submitted to municipal clerks by the end of November. To view the proposed ballot initiatives, please visit: https://www. mass.gov/info-details/ballot-initiatives-filed-forthe-2024-biennial-statewide-election-proposedlaws-and-2026-biennial-statewide-electionproposed-constitutional-amendments. n

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Senator Becca Rausch (D - Needham)

Senator Rausch never planned to go into politics. She is a lawyer by training who got tired of trying to fit square pegs of clients’ issues into the round holes of public policy and legal precedent. She wanted to change the shape of the hole. Senator Rausch became a law professor, which gave her the wonderful opportunity to think about changing public policy, but not much in the way of implementing those ideas. After moving back to Massachusetts, she started working as an attorney for the MA Executive Office of Health and Human Services, and ran for and was elected to Town Meeting in her hometown of Needham to bring a voice for families with younger children to our local legislative body. After her first night at Town Meeting, she received a great deal of encouragement to run for higher office. Six months later she declared candidacy for the State Senate, and was elected to office the following November. It has been her distinct privilege and honor to serve in the Massachusetts Senate since January 2019, bringing her personal and professional experiences and expertise into the halls of the State House to deliver real results for her constituents on their shared values.

Q:

As costs continue to rise, please give your thoughts on how the state will continue to support local aid to cities and towns to help support basic municipal services, specifically water, wastewater, and underground utility infrastructure.

A:

Unrestricted local government aid (also known as UGGA) has increased over the last several fiscal years, in addition to multiple millions of state dollars that have been directed specifically to water infrastructure, quality improvements, and access. Given recent state revenue shortfalls, new revenue streams may need to be implemented in order to continue this financial support.

Q: A:

What are the greatest challenges for your district and region regarding continued economic growth?

I think one of the difficult things for our district is that it gets forgotten. It doesn’t include major cities like Boston or Worcester and sometimes is not even considered part of MetroWest. That makes it tougher to get people to come here and engage in our local economics and tougher for our businesses – particularly our small businesses – to put themselves on the map, so to SEPTEMBER, 2023

speak. I’m proud to support several efforts to boost our local economic growth and development, including engaging with the MetroWest Boston Visitors Bureau and area business councils, supporting regional tourism enhancement efforts, and forming, and regularly meeting, with my Small Business Advisory Council, comprised of small business owners throughout my district. Our Council has already inspired two successful legislative efforts!

Q:

The #InvestinWaterMA campaign, sponsored by UCANE, highlights the importance of water infrastructure to a wide variety of industries. Can you share a sampling of some of the specific industries in your district that benefit from our investments in water infrastructure?

A:

Everything and everyone benefit from strong water infrastructure. Much of my district is driven by small businesses on and around our local main streets. These businesses range from bookstores and cafes to theaters and flower shops. We also have biotech and farming industries in our district. These businesses and industries help make our towns feel like communities, and they couldn’t operate without water infrastructure. continued on page 23

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Interview continued from page 21

Q:

As Senate Chair of the Joint Committee on the Environment and Natural Resources, what are some of the other environmental issues on your radar?

A:

In addition to water infrastructure, our most pressing environmental protection and preservation issues include plastics and waste reduction, carbon sequestration, waterways and marshes, and environmental justice. I am proud to lead file the Plastics Reduction Act in the Senate (S.570), co-filed in the House by Representative Ted Philips, which is legislation designed to address the significant environmental harms caused by single-use plastics using a multi-pronged approach.

Q: A:

Will you please share some of your other non-environmental priorities for this legislative session?

I am proud to continue championing reproductive health, public health, mental health, election reform, education reform, and transparency in government. My bills in these areas include: • S.212, An Act to support access to training on reproductive and gender-affirming care • S.344, An Act relative to celebrate and teach Native American culture and history • S.346, An Act ensuring access to mental health support in K-12 schools • S.347, An Act to modernize the board of elementary and secondary education • S.433, An Act to provide a local option for ranked choice voting in municipal elections • S.435, An Act to promote democracy in primary elections • S.439, An Act to improve voting access and elections infrastructure • S.706, An Act relative to pediatric care appointments • S.708, An Act to enhance post-pregnancy mental health care • S.847, An Act to support college students in recovery • S.1108, An Act to prohibit body size discrimination

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• S.1114, the Abortion Access Act Portland

• S.1457, An Act to promote access to midwifery care and out-of-hospital birth options

Chichester Plaistow

• S.1458, the Community Immunity Act

Shrewsbury Chicopee Uxbridge

• S.2059, An Act establishing Election Day as a holiday and providing paid voting leave

Randolph

Plymouth

• S.2064, An Act to extend the public records law to the Governor and the Legislature n

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New Final Rule Brings Numerous Changes to Davis-Bacon Act Requirements On August 8, 2023, the United States Department of Labor (“DOL”) unveiled a new “final rule” intended to “update regulations that implement” the Davis-Bacon Act and related acts “to better the needs of construction workers on federal construction investments.” According to a DOL press release, the new updates – which become effective on October 23, 2023 – are the “most comprehensive in decades.” The DOL’s press release is available at www.dol.gov/newsroom/releases/whd/whd20230808. Additional information is available at the DOL’s website located at www.dol.gov/agencies/ whd/government-contracts/construction.

A

s many of you are aware, the Davis-Bacon Act applies to contractors and subcontractors performing work on federally-funded or federally-assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Generally speaking, the federal law requires contractors and subcontractors to pay their laborers and mechanics no less than the local prevailing wages and fringe benefits. The DOL is empowered to “prescribe reasonable regulations” implementing the law, which appear as part of Title 29 of the Code of Federal Regulations. Before issuing its final rule this August, the last substantial revisions to the regulations occurred during the Reagan Administration, in 1981-1982.

There are too many changes to effectively address in this article; if it is of interest, we are happy to host a webinar to discuss the looming changes in more detail. Rather, this article is intended to make you aware of the coming changes and provide you with references to resources so that you can review,

SEPTEMBER, 2023

consult with competent and experienced counsel, and plan accordingly. The DOL has summarized notable changes as follows: • Creating new efficiencies in the prevailing wage update system and making sure prevailing wage rates keep up with actual wages which, over time, would mean higher wages for workers.

• Returning to the definition of “prevailing wage” used from 1935 to 1983 to ensure prevailing continued on page 29

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

Legal Corner continued from page 27 wages reflect actual wages paid to workers in the local community.

•

Periodically updating prevailing wage rates to address out-of-date wage determinations.

•

Providing broader authority to adopt state or local wage determinations when certain criteria are met.

•

Issuing supplemental rates for key job classifications when no survey data exists.

•

Updating the regulatory language to better reflect modern construction practices.

•

Strengthening worker protections and enforcement, including debarment and anti-retaliation provisions.

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Notably, by returning to the pre-1982 definition of “prevailing wage,” the DOL is moving away from the current 2-step, weighted average process for calculating the applicable prevailing wage in favor of the following 3-step process: 1.

If a majority (over 50%) of wage rates in a classification are the same, that is the prevailing wage,

2. if there is no majority, then the wage rate earned by the greatest number of workers, provided that at least 30% earn that rate, is the prevailing wage; and 3. if no wage rate is earned by at least 30% of workers in the classification, use a weighted average.

The DOL has published a useful chart comparing the existing regulations to the new changes going into effect in October: https://www.dol.gov/ agencies/whd/government-contracts/ construction/rulemaking-davis-bacon/ dba-comparison-charts. In addition, the DOL has published a helpful FAQ, available at www.dol.gov/agencies/ whd/government-contracts/construction/rulemaking-davis-bacon/faqs. As you will see, the changes are voluminous and deal with numerous topics and details, including wage and fringe benefit rates, wage determinations, definitions (including with respect to demolition), compliance issues, and enforcement. n SEPTEMBER, 2023

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with UCANE’s Officers and Board Members Please give us some information on your background and tell us how you started in the construction business?

My wife Geselle and I grew up in family businesses, both were very different but also the same.

Geselle’s family still operates a manufacturing business in Gardner MA, and I grew up in a family run construction company on the South Shore. The differences in the two businesses were just the industries that they served, but the family values and the work ethic that we learned from our parents and Grandparents is what gave us the drive and ambition to provide a positive work environment, perform projects at a high-quality level and teach the next generation of utility contractors about an industry that is over 100 years old.

Geselle left her family’s business to work in the Architecture field, and I moved on when my family’s business closed. We both worked for other firms. I worked for UCANE member D’Allessandro Corporation as a Field Engineer before moving on to Webster Engineering as a Superintendent relocating utilities on the Central Artery Tunnel project. Geselle worked at two architecture firms and worked her way up from drafter to Project Manager, and somewhere along the way we managed to get married and have our first child.

Between our first and second child Geselle and I created GVC Construction in the basement of our home in Leominster with nothing more than a pickup truck and some tools. My brother Mike joined us in 2003 to help us with field operations and has been very instrumental in the success of GVC Construction, along with all of our dedicated hard working employees.

Twenty-three years later, GVC Construction is a multi-generational family business with over 40 employees and operates more than 100 pieces of heavy equipment and trucks.

SEPTEMBER, 2023

UCANE Board Member Chris Valenti GVC Construction, Inc.

Congratulations on being an owner of a first-generation construction company. What positions have you held within the company as it developed from a startup, and what is your role today at GVC Construction, Inc.?

In the 23 years since we incorporated, I have pretty much had every title in this business, but you do what you need to do to make sure that the wheels of progress continue to move forward. Twenty years ago, I spent my days in the field and my nights in the office trying to keep up with paperwork. As the business grew, we hired more supervisory people to build and manage the field work, allowing me more time in the office to handle the ever-increasing load of paperwork that comes with being an owner and a public works contractor.

Today, as Vice President and General Manager I concentrate on securing work, getting projects done on time, and maintaining GVC’s good reputation. continued on page 33

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Under the Hard Hat continued from page 31 Many of the jobsite challenges and issues we face while building underground construction projects haven’t changed much over the years. Thankfully, our experienced crews and field supervisors can usually keep those issues to a minimum and are capable of putting out the “small fires.” My role at the company these days is to look at the bigger picture, keep up with industry changes, and make sure our company is always competitive. I’m also here to put out any “big fires” happening on the site, which are few and far between.

What types of construction does GVC Construction, Inc. specialize in, and in what areas of New England do you pursue this work?

GVC Construction’s core business is in the water, sewer, and drain market. We also perform large sewer bypass pumping, road construction, concrete construction, CCTV, and cleaning of pipelines. For the past five years our geographic area is Massachusetts, Southern New Hampshire, and Southern Maine. The majority of our work is for public agencies on the municipal, state, and federal levels. We occasionally do private work and will bid work as a subcontractor depending on the scope of work and on the general contractor.

SEPTEMBER, 2023

How long has your company been a UCANE member, and why did you decide to accept to serve on the UCANE Board of Directors and later move up the ladder as an Officer of the Association?

GVC joined UCANE in 2004. I volunteered for the Board in 2015 to learn more about the industry and to work alongside a great list of successful contractors who I admired. I enjoyed serving as a Director and hopefully contributed to our industry and to UCANE’s success while in the position.

I decided to step up my involvement in 2020 by becoming an Officer. From municipal and state officials, to engineers, to contractors, and suppliers - everyone in this industry respects UCANE and I wanted to do my small part to contribute to that well-earned reputation. I want to continue to support UCANE in its role as the leading advocate in New England for Clean Water, Drinking Water, and Infrastructure Resiliency Funds. Working alongside my peers, I’m hoping we can someday establish a dedicated revenue source to fund these important projects. continued on page 35

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Under the Hard Hat continued from page 33 The Bi-partisan Infrastructure Bill, signed in 2021, continues to invest record amounts of funding into our Nations water, sewer, and road programs. Looking back on 2023, did your company see increased work opportunities, and how do you see the New England Heavy Construction Market shaping up for 2024?

Although the total dollars invested in infrastructure this year has been significant, GVC did not see much of an uptick in bid opportunities in our core business. It seems much of the dollar volume increase was attributed to some mega-type highway projects and few very large treatment plant projects.

We saw continued fierce competition throughout 2023 for water and sewer distribution projects. With the number of bidders remaining high, and with the dramatic inflation that continued all year, margins were difficult to maintain in 2023.

The Federal and State dollars expected to be committed to the public works industry looks encouraging for 2024. GVC is hoping for a broader allocation of these funds and a wider range of bid opportunities that would include more mid-size water and sewer projects throughout New England. n

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I n M emoriam

Carol A nn (Smith) Beaudoin Tierra Construction, LLC

W

e are deeply saddened to announce that our longtime member and friend Carol Ann (Smith) Beaudoin, age 81, passed away peacefully in her sleep August 3, 2023.

Born in Winthrop MA and raised in Melrose, Carol graduated from Melrose High School in 1960 and then Chandler School for Women.

Carol worked in many professions to support her family as a single parent. She was most proud to have been awarded "Contractor of the Year" her first year in business with her construction company Tierra Construction, LLC. Family, friends and faith were Carol's Favorites.

The "family of her heart" extended beyond the traditional. Known as Mamma Carol, Auntie, Nana, or best friend to many blessed to be in her orbit, she made everyone feel like the center of her world.

Through her work with the Missionaries of Char-

ity, in 2003 she was invited to meet Mother Teresa and attend her beatification with Pope John Paul II at the Vatican. This was the thrill of her life.

Carol was the loving daughter of the late Ralph and Genevieve (Russo) Beaudoin; devoted mother of Ruthann Smith of Wellington FL, Bree Rodrigues and husband Havell of Wakefield MA, Tara Esperanza and husband Raciel of Oakland, CA; daughter of her heart Lauri Carroll and husband Mark of Foxboro MA; cherished Nana of Mitchell, Peyton and Taylor Carroll, and Emily Esperanza; caring sister of Barbara Shea and Genevieve Scandiffio of Naples FL, Rosemary Kelley and husband Charlie Henry of Fort Lauderdale FL. Carol is also survived by many nieces, nephews, relatives, and dear friends.

The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathies and condolences to Carol’s entire family. n

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Massachusetts DEP Issues Revised Title 5 and Watershed Permitting Regulations for Cape Cod Transformative New Rules Supported by the Healey-Driscoll Administration and Environmental Groups In a lengthy press release issued on June 21, 2023, Cape Cod and South Coastal towns were put on notice that the issue of elevated nitrogen levels within coastal embayments, as well as within freshwater ponds and streams, has risen to priority status according to the Massachusetts Department of Environmental Protection.

B

OSTON — The Healey-Driscoll Administration announced the final regulations that will set Cape Cod on a path to reverse decades of nitrogen pollution and restore estuaries to their natural state.

The regulations, issued by the Massachusetts Department of Environment Protection (MassDEP), address elevated nitrogen levels from primarily septic systems, and facilitate community-wide solutions to prevent excessive nutrient-loading of local waterbodies.

“Nitrogen pollution is one of the most pressing environmental and economic problems facing Cape Cod,” said Governor Maura Healey. “I'm grateful for our administration’s partnership with Cape communities to develop an innovative path forward to restore and protect some of Massachusetts’ most precious water resources. Looking ahead, we’ll continue to build on our collaboration with Cape officials and the Legislature to ensure there is financial support as the new regulations are implemented.”

SEPTEMBER, 2023

In addition to the extensive changes in Title 5 regulations, MassDEP is also implementing a new watershed permitting process. It is an innovative approach to address the increased nitrogen levels being detected in Cape Cod water bodies – both saltwater and freshwater. The watershed permit is a 20-year permit that enables communities to design and implement wastewater solutions tailored to their specific watersheds and communities’ needs. Watershed permits will enable communities to implement a range of strategies to reduce nitrogen pollution, including centralized wastewater treatment and alternative approaches, such as aquaculture, innovative and alternative septic systems, permeable reactive barrier walls, and fertilizer reduction. At minimum, a watershed permit holder is required to achieve 75% of their nitrogen reduction goals within the 20-year permit life.

Cape Cod communities will have two years to opt into a watershed permitting procontinued on page 41

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MassDEP continued from page 39 cess. If communities choose not to obtain a watershed permit for a nitrogen sensitive watershed within two years, new septic systems in the watershed will be required to include enhanced nitrogen reducing treatment technology, and existing systems will need to upgrade septic systems by July 2030.

“When the environment suffers, so does a community’s quality of life,” said Energy and Environmental Affairs Secretary Rebecca Tepper. “Mitigating nitrogen pollution will preserve and grow the tourism, recreation, and fishing industries on Cape Cod. The Healey-Driscoll Administration is invested in preserving these beautiful assets for future generations, and these new regulations help us do that.”

"These regulations are long overdue, much needed, and transformational for Cape Cod," said Andrew Gottlieb, Executive Director of the Association to Preserve Cape Cod. "These regulations move us away from traditional sep-

SEPTEMBER, 2023

tic systems and create incentives for towns to move to watershed-scale solutions that provide the best possible environmental outcome at the lowest possible cost to the public."

Both the Title 5 changes and the watershed permit process became effective on July 7, 2023 and are intended to compliment the ongoing Comprehensive Wastewater Management Plans (CWMP’s) that some communities across the Cape have been actively working on since 2016. n

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Cape Cod’s Newest Wastewater Nightmare MassDEP labels majority of Cape Cod as “Nitrogen Sensitive Area” with all septic systems within that area being targeted

C

The Problem

ape Cod’s surface water quality is impaired and continuing to degrade due in large part to excess nitrogen entering into coastal embayments (on both Buzzards Bay and Cape Cod Bay coastlines) and into fresh water bodies in multiple locations throughout the peninsula. According to multiple studies and reports completed by experts over the last 25 years, it is the intrusion of nitrogen into these embayments and water bodies that is to blame for this environmental problem. Excess nitrogen levels cause depletion of oxygen for fish and the creation of noxious mats of algae that smother eelgrass and shellfish beds. Nitrogen fed algae creates harmful (and often toxic) algae plumes that discolor the water column, blocking sunlight from reaching subaqueous plants in

ponds and lakes. Algae and bacteria proliferate by feeding on the nitrogen, choking effected waterways with green and brown sludge, killing aquatic life, and adversely impacting the natural ecosystems.

Excess nitrogen causes beach closures and marine habitat destruction, which threatens the shellfishing industry and the tourist economy, both lifeblood industries for the Cape Cod economy. Drinking water for all 15 towns on Cape Cod comes from the same sole source aquifer. Although nitrogen has not impacted the drinking water up to this point, there are experts and residents as well, who believe that without expediting a dramatic reduction in the amount of nitrogen from entering the groundwater, that the aquifer is at risk of contamination.

Sewer Lines Being Installed on Cape Cod Under Section 208 Plan 42

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SEPTEMBER, 2023

Nitrogen Sources Available current studies indicate that despite a massive sewer program being implemented across Cape Cod for the past six years, there still remains about 105,000 active septic systems (with as many as 10% being cesspools). According to MassDEP these systems contribute 85% of the problematic nitrogen impacting Cape Cod waters. Residential and agricultural use of fertilizers and pesticides account for 10% of the nitrogen, and roadway runoff accounts for 5%.

In order for the impacted waters to meet federal EPA standards, studies have concluded that current post-treatment nitrogen levels must be reduced by 87%.

How Will Cape Cod Reduce Non Point Source Nitrogen Levels By 87% ?

Cape Cod’s much heralded (and expensive) Section 208 Plan (revised and approved by the EPA in 2015) relies mostly on expansion of municipal sewer systems and improvements and upgrades to existing sewer treatment plants to reduce nitrogen levels. The new sewers, under construction since 2016 at an estimated potential cost of $4 billion, will eliminate about half of the current 105,000 septic systems over the next continued on page 45 30 years.

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Cape Cod continued from page 43 The Section 208 Plan had allowed for about 50,000 septic systems to remain functional in locations that were inland, not near large freshwater bodies, and somewhat remote and not cost effective to reach via conventional sewers. The 208 Plan, by itself, will not be sufficient to achieve the reduction in current nitrogen levels now required by the EPA. The focus is suddenly on the active septic systems, 90% of which have been (or will be) constructed under the prior Title 5 regulations, implemented in 1974, with revisions and amendments periodically along the way.

Changing the Title 5 Regulations The Title 5 regulations never anticipated such a high removal of nitrogen would be required to avoid embayment and pond impacts that we are seeing on Cape Cod today. For the past 20 years entrepreneurs have been developing alternative on-site wastewater systems to compete with, and to, provide better filtration and particularly better nitrogen removal than provided by typical Title 5 septic tanks and leaching fields. Those systems are substantially more expensive and have mostly been installed on Cape Cod through pilot programs and with subsidies from the municipality, the state, or the manufacturer. As of

SEPTEMBER, 2023

2022 there are about 1,000 such systems installed on Cape Cod. The watchdog group Conservation Law Foundation (CLF) has been instrumental in any forward progress that Cape Cod has made in regards to long term wastewater management since filing their first lawsuit in 2010. Closely following the most recent water quality complaints and nitrogen issues, as explained above, CLF filed suit again in 2021, this time against Massachusetts DEP (MassDEP). The main context of the suit was that MassDEP’s Title 5 regulations were resulting in the installation of septic systems that were in violation of Cape Cod’s own Section 208 Plan, in violation of the Federal Clean Water Act, and these approved septic systems, both old and new, were actually contributing to the water quality degradation on Cape Cod due to their inability to remove sufficient amounts of nitrogen and phosphorous. In a 2022 negotiated settlement, the MassDEP agreed to the following: 1. Creation of a map showing nitrogen sensitive areas (NSA’s) on Cape Cod. 2. Make substantial changes in the Title 5 regulations (310 CMR 15.000) that would include mandating best available technology in regards to nitrate reduction for new septic systems to be incontinued on page 46

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Cape Cod continued from page 45

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Cape Cod continued from page 46

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Cape Cod continued from page 47 stalled within these nitrogen sensitive areas.

3. A key element also included that all EXISTING septic systems within the defined NSA areas shown on the MassDEP map would be required to be replaced within seven years unless the municipality applied to MassDEP for a watershed permit, which if approved, could possibly extend existing Title 5 septic system replacements for up to 20 years.

What is a Watershed Permit?

A Watershed Permit is a new, innovative approach to provide communities the opportunity to develop and implement solutions for addressing water quality challenges. The permit would enable the community to employ a greater range of solutions to address its water quality needs, including alternative or innovative approaches to reduce the amount of nitrogen and other nutrients that are discharged in the watershed. The Watershed Permit is typically based on a community’s “Watershed Management Plan,” which is a long-term plan to address an existing water quality impairment to restore and protect water quality. The Watershed Permit would utilize an adap-

tive management approach, requiring permittees to monitor, evaluate and report results, and to adjust and modify the strategies and practices as needed to address community-based causes of the water quality impairments. The Watershed Permit is a 20-year permit with progress reports being required every 5 years.

During 2022 and 2023 MassDEP staff made changes in the Title 5 regulations and added new regulations for a Watershed Permit in order to follow through on the settlement with CLF. After holding five public hearings, 45 meetings with communities, and receiving over 1,000 written comments, the agency released the final versions of the Title 5 amendments and the Watershed Permit regulations, both becoming effective July 7, 2023. The only areas where the Title 5 amendments and the Watershed Permit application apply to (at this time) are the NSA areas on Cape Cod. (See map on page 51.)

The Impacts The new Title 5 regulations make it clear that there are some areas remaining on Cape Cod, the Islands, and other areas in Massachusetts that may be designated as NSAs in the future. Public hearings continued on page 51

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MAP of NITROGEN SENSITIVE AREAS on CAPE COD, the ISLANDS, and South Coast Refer to 310 CMR 15.000: THE STATE ENVIRONMENTAL CODE, TITLE 5 July 7, 2023 Changes to Title 5 Apply to Dark Green Areas Only Coastal Watersheds that are depicted in gray have either not yet been evaluated for Nitrogen impacts, but may be in the future, or have been evaluated and determined to-date not to be Nitrogen impacted.

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Cape Cod continued from page 51 will be held in those areas prior to adding them to the NSA map and requiring those areas to be subject to the same mandatory septic system upgrades - or voluntary Watershed Permits - as required in the July 7, 2023 Title 5 amendments.

During the time period between July 7 and when a community submits to MassDEP a Notice of Intent to apply for a Watershed Permit, any new or major repair to a septic system in that community will be required to include best available technology (extra nitrate processing) in the system design. MassDEP will allow each Cape Cod town up to two years (July 7, 2025) to obtain the watershed permit. During the period between a town’s Notice of Intent and the receipt of a permit, the requirement to replace existing operational septic systems within the town’s NSA’s will be held in abeyance. If the Town does not apply for the watershed permit by that date, homeowners within the town’s NSA area will have to replace their old Title 5 septic system or retrofit it with MassDEP approved nitrate reducing technology by July 7, 2030.

The MassDEP maintains the list of manufacturers with state-approved best available technology (Nitrate Reducing) Systems. Currently there are six nitrate reducing systems approved for residential use with more systems in the MassDEP testing and pilot-

ing stages. Nitrogen reducing systems approved by MassDEP and installed after July 7,2013 (10 years ago) will be exempt from having to be upgraded or replaced.

Costs to build a new nitrate enhanced septic system are estimated at $35,000- $40,000, not including any special landscaping. That would be a $12,000 $15,000 premium above the cost of a traditional Title 5 system. The nitrate enhanced septic systems also require electricity to operate, annual third-party inspections, and equipment maintenance - adding annual costs of $1,500-2,500 to operate to the septic system.

The State Environmental Code 310CMR 15.000, commonly known as Title 5, is only the minimum standard required in Massachusetts. Local Boards of Health may have stricter codes in place that supersede the state code.

Clearly, the cost to preserve the environment, the beaches, the pristine waters on and around Cape Cod, and the Cape economy, has just gone up again. n

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An Interview with Kevin Cafferty Director of Public Works Town of Scituate, MA Will you please provide us with some insight into your education, past experience, and history that led you into your current position?

I graduated with a Bachelor of Science degree in Civil Engineering from the University of Lowell, and my initial plan was to start a career in bridge design. But in the early 1990s there was a recession which limited design work, so I joined a firm in the construction industry working for a contractor. It turned out to be a fantastic move. I spent the next 17 years working on various projects that included extensive large-scale utility work, marine construction, construction of several Massachusetts bridges, and many years of work on the Big Dig. Each project offered unique and different challenges and during that time I worked my way up from a Field Engineer to Estimating and Project Management.

In 2007, I started a new phase of my career in Lexington as Highway Superintendent. I always had a strong interest in making a move to a municipality, leveraging my project engineering skills at a local level.

In 2009, I accepted an offer to become Engineering Supervisor in the Town of Scituate, where in 2017 I became the Director of Public Works. In this position, I oversee 52 employees in the Highway, Water, Sewer, Public Grounds, Transfer Station, and Engineering Departments. I take several courses each year to actively upskill and expand my knowledge. I have attained several certifications such as procurement MCPPO (Municipal Procurement Certification) and CSHO (Certified Safety and Health Official) in General and Construction Industries from Keene State College, and I earned a certificate in Commercial Building Inspection from Northeastern University.

I am also active with Plymouth County Water Works (Instructional Safety classes), the Plymouth County Highway Association where I am an E-Board memSEPTEMBER, 2023

ber, and I am the Current Chairman of the South Shore Recycling Cooperative.

Will you please provide a brief description of Scituate in regard to population, area, and responsibilities of the Public Works Department, and some statistics on the current infrastructure that your Department maintains within the Town?

The Town of Scituate has a population of 19,100 during the year and that can more than double during the summer months. The population expands through summer homes being opened up and visitors using the beaches and harbors.

Scituate has a total land area of 17.6 square miles.

It has over 23 miles of coastline and almost 15 miles of coast that are directly on the Atlantic Ocean. As a coastal community, flooding is experienced on a regular basis.

The Department of Public Works oversees all water, continued on page 57

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SEPTEMBER, 2023

Public Works Pipeline continued from page 55 sewer, and foreshore infrastructure. There are over 110 miles of water line, a surface water treatment plant and six wells. The sewer infrastructure consists of one treatment plant, nine pump stations, and 52 miles of pipe.

Does the Scituate DPW have a 5-year Asset Management Plan, and what are your department’s most pressing needs when it comes to maintaining the existing infrastructure?

Yes, Scituate has made a commitment to update older infrastructure in the Town. Over the past 10 years, under the oversight of the Department of Public Works, the Town has replaced over 32 miles of water pipe that dated as far back as 1900 with new cement lined class 52 ductile iron pipe. This has

made a huge impact on water loss and breaks in the system and the overall quality of water.

The water system has been mapped on GIS and we have identified all water lines by size of pipe, material type, and age. All of our pipe types can be sorted by age, pipe type, or size and investigated. A comprehensive flushing program has been put into place with over 128 sequences. Field data from the flushing and the age and material of the pipe determine the sequence of replacement of pipe.

The Town has 110 miles of pipe and has been replacing on average two miles a year. This is part of our ongoing program to eliminate and upgrade pipe that has reached its projected lifespan.

As a coastal community, Scituate often bears the brunt of harsh New England storms. The $1.2 trillion Infrastructure Investment and Jobs Act (IIJA), signed into law on November 15,2021, provides for funding toward improving infrastructure resiliency. Has the Town been considering resiliency projects and have they been able to access IIJA funds for these types of projects?

Scituate certainly does receive damage from coastal storms, and we do apply for both State and Federal Grants. We work together with The Dam Seawall Fund through the Executive Office of Energy and Environmental Affairs, which has been a significant help with funding projects to replace old and outdated infrastructure.

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FEMA and MEMA have been leveraged to help make storm-related repairs and we have substantial work on the horizon to repair damage from past storms. Additionally, the Town has been working with the Army Corp of Engineers on funding a section 103 project for potential seawall replacement. The Town has also been working with Coastal Zone Management on beach nourishment projects and resiliency improvements. The funding match for most of these projects is typically around 25%.

Any work on the water requires specontinued on page 59

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DigSafe.com or Call 811 Before You Dig It’s smart. It’s free. It’s the law.

Follow these steps for a safe excavation: • Pre-mark the location of intended excavation using white stakes, paint or flags.

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Public Works Pipeline continued from page 57 cialized consultants who have a background in marine construction and are familiar with the permitting agencies. The costs of replacing any infrastructure due to weather and the tides is always significant.

Scituate has recently applied for funding through the MassDEP SRF Loan Program.

Please provide us with an update on those applications, and are there some infrastructure projects planned for 2023 or 2024 that UCANE contractors might be interested in bidding?

The Town is working with the SRF program to build a new water treatment plant valued at $50 million. The plant is currently in the design phase and is about 60% designed. We hope to bid this project in March of 2024 .

We recently awarded a $3.5M contract to install a new 12-inch water line from the reservoir to the new plant location, and construction is currently underway. The work is being performed by UCANE member KJS, LLC.

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The Town has also just completed a green sand filtration system at one of our wells that was funded through the SRF program. This work will improve water quality and had a value of $5.8 Million. n

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bidadoo Inc. 1001 3rd Ave. South Kent, WA 98032 Rep: Gary Wagner Tel: (206) 442-9000 Email: dougt@bidadoo.com Website: www.bidadoo.com Associate

N & M Excavating 944 Adams Street Abington, MA 03251 Rep: Robert Murray Tel: (774) 801-8478 Email: robert@nmexcavating.com Website: www.nmexcavation.com Contractor

McGovern Ford of Framingham 1200 Worcester Road Worcester, MA 01701 Rep: Lee Daum Tel: (508) 532-3200 Fax: (800) 327-4962 Email: ldaum@mcgoverninfo.com Website: www.mcgovernfordofframingham.com Associate

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

Companies

The Role of Personal Exposure Monitoring Construction sites are dynamic environments where workers are exposed to various potential health hazards, ranging from dust and chemicals to noise and vibration. Personal exposure monitoring in construction is vital in assessing and managing these risks. By using advanced monitoring techniques and technology, construction companies can protect the health and well-being of their workers while maintaining a productive and safe work environment.

P

ersonal exposure monitoring involves the assessment of individual workers' exposure to various hazards during their work tasks. Compared to area-based monitoring, this approach provides a more accurate representation of workers' actual risks. By wearing monitoring devices, such as dosimeters and air sampling equipment, employees can collect real-time data on their exposure levels to different pollutants. Construction sites expose workers to many potential hazards, including airborne particulates, gases, solvents, noise, etc. Personal exposure monitoring helps identify which specific hazards are present and assesses their concentrations. This information is crucial for determining the appropriate safety measures and equipment to mitigate the risks.

Personal exposure monitoring provides quantitative data on the concentration of various pollutants and hazards. This data is essential for evaluating whether exposure levels exceed permissible limits set by regulatory bodies.

By comparing these measurements with established standards, construction companies can take proactive steps to control and reduce exposure. Not all workers on a construction SEPTEMBER, 2023

site are exposed to the same hazards in the exact quantities. Personal exposure monitoring allows for a more customized approach to risk management. By understanding individual exposure patterns, companies can implement targeted measures, such as adjusting work schedules, providing additional protective gear, or modifying work practices. Personal exposure monitoring empowers workers by providing real-time feedback on their exposure levels. This information helps them make informed decisions about appropriately adjusting their behavior or using protective equipment.

When employees clearly understand their excontinued on page 64

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63

Safety Corner continued from page 63 posure, they are more likely to take proactive steps to minimize risks.

Effective communication is crucial in maintaining a safe working environment. Personal exposure monitoring data can enhance hazard communication efforts by providing concrete evidence of the potential risks. This information can be shared through safety briefings, training sessions, and signage, ensuring that workers are well-informed about the hazards they face. Personal exposure monitoring not only identifies hazards but also helps evaluate the effectiveness of safety measures. By comparing exposure data before and after implementing control measures, companies can determine whether the measures adequately reduce workers' exposure to the hazards. Construction sites are subject to various safety and health regulations that set exposure limits for different pollutants. Personal exposure monitoring is essential for demonstrating compliance with these regulations. Accurate monitoring data can indicate the company's commitment to worker safety during regulatory

64

inspections. Consistent exposure to hazardous substances on construction sites can lead to long-term health issues for workers. Personal exposure monitoring provides insights into chronic exposure patterns, enabling companies to take preventive measures to safeguard their employees' long-term health. Personal exposure monitoring is critical in the construction industry's ongoing efforts to enhance worker safety and health. Companies can use advanced technology and techniques to accurately assess exposure levels, identify hazards, and implement targeted control measures.

This approach not only mitigates immediate risks but also contributes to the long-term well-being of workers. Through regulatory compliance, hazard communication, and tailored risk management, personal exposure monitoring ensures that construction sites remain safe, productive, and conducive to the health of the workforce overall. n

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SEPTEMBER, 2023

Christopher Clark

World Insurance Associates, Inc.

If OSHA Comes Knocking, Are You Prepared and Protected?

What happens if OSHA comes to check your files? If an injury claim is filed, are you prepared as well as you should be?

A

s of January 15, 2023, the maximum penalty amount that OSHA may assess for a violation is $15,625 with repeat offenses jumping to $156,259 per violation. More importantly, personal injury lawsuits are being brought against employers at an alarming rate due to safety measure negligence resulting in injuries and even death.

In fact, the largest 2022-2023 reported New Jersey personal injury settlement of $28 million was recently awarded to an electrical worker severely burned on the job. And in New York State, $53 million was awarded earlier this year to a construction worker for a fall that left him paralyzed. In both cases, safety measures should have been provided and followed, but the employers’ misstep cost everyone involved dearly.

Doesn’t Workers Comp Cover These Claims?

The simple answer is—it depends. When OSHA conducts an investigation, they look to see if safety protocols were followed and documented. If not, then the employer may be liable.

Numerous companies have experienced horrific incidents because basic safety measures were not followed. When a worker sustains a significant injury, OSHA is sure to investigate. Companies that put profit over the safety of their employees will face fines and the owners can even face criminal charges if they can be found grossly negligent. The documentation of appropriate safety measures is imperative, if it’s not documented it didn’t happen.

SEPTEMBER, 2023

So What Can You Do? In addition to having the appropriate insurance coverages with proper limits, implementing a safety program may be one of the best things you do this year. We encourage our clients to utilize our safety and loss control team. We believe in a three-pronged approach — personalized safety consulting, custom on-site trainings, and ongoing online safety and compliance trainings with tracking.

What Should I Look for in a Safety Partner?

Our head of safety and risk management, Craig Stromgren, advises, “Look for a partner that will conduct an in-depth consultation to identify exposures continued on page 66

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65

Insurance Perspective continued from page 65 and solutions that will improve your overall risk management outcomes.” Your safety partner should be able to conduct on-site safety inspections, help with audit score improvement, support OSHA and DOT compliance, and even test for industrial hygiene. Furthermore, a good safety partner will conduct custom on-site training across the entire safety spectrum as it pertains to your specific business — everything from aerial lifts and scaffolds to walking working surfaces.

What Should I Expect From a Safety Consultation?

While there are many steps that go into this type of comprehensive consultation, some of the most important actions include: 1. Review of your current loss history and operational trends.

2. Benchmark your history against industry standards.

3. Assess your current safety and loss mitigation programs.

4. Pinpoint areas for improvement.

5. Implement new solutions while maximizing insurance carrier services.

Once your program is established, or your existing program brought up to par, routine facility and operational inspections should be conducted to ensure your employees are adhering to safety measures and protocols.

And last but not least, your consultant should help you implement an online safety and compliance program for ongoing scheduled employee training that has tracking within the system and produces certificates for documentation.

Ensuring your work environment is completely safe and your employees are following protocol is not an easy undertaking. But you can reduce loss frequency and severity by implementing comprehensive safety training and accountability programs. In the end it will be worth it to have increased safety, compliance with state and federal regulations, and improved employee health and awareness. And hopefully no lawsuits! n

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worldinsurance.com

SEPTEMBER, 2023

A

2022 State of the Waters: Cape Cod

ssociation to Preserve Cape Cod (APCC) released the fourth annual State of the Waters: Cape Cod report. The 2022 report evaluates water quality data from the previous year, translates the data into easily understood grades, and provides a report on water quality in coastal embayments, freshwater ponds, and public water supplies. The report’s purpose is to raise awareness of the Cape’s overall water quality improvement measures.

The results in the 2022 report showed that the number of coastal embayments with unacceptable water quality increased from the previous year to 90 percent of coastal embayments. The percentage of graded ponds with unacceptable water quality was similar to previous years: approximately one-third of graded ponds. Water quality for coastal embayments and ponds continues to be impacted by excess nutrients, with the greatest source being wastewater from septic systems. Stormwater runoff and fertilizers are additional sources.

Sixteen Cape public water supplies had “excellent” grades, including 10 that had detectable levels of six state-regulated per-

SEPTEMBER, 2023

and polyfluoroalkyl substances (PFAS6) below the state standard. However, several public water supplies did not meet existing water quality standards. Two municipal public water supplies had one or two violations of temporary exceedances of the standard for total coliform bacteria and were graded as “good.” One public water supplier located on Joint Base Cape Cod had several violations of two drinking water standards.

E. coli bacteria and total coliform bacteriarequiring issuance of a boil-water order that resulted in a “poor” grade. Another municipal public water supplier had several violations of two different drinking water standards– Enterococci and exceedance of the state standard for PFAS6–resulting in a grade of “poor.”

The 2022 State of the Waters: Cape Cod report includes an updated State of the Waters Action Plan for restoring and protecting the Cape’s water quality. Maps with water quality scores for embayments, ponds and drinking water, along with the full report, action plan, Atlas of Water Restoration Needs and Solutions, and a primer on PFAS, are posted at capecodwaters.org. n

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8/3/2023 11:06:39 AM

SEPTEMBER, 2023

Transitioning From Hard Hats to Safety Helmets How your choice in headgear can have major repercussions for your workers

O

ver the course of a century, the construction industry has become synonymous with the sight of workers proudly donning brightly hued hard hats. Serving as an iconic representation of the industry itself, these hard hats have come to symbolize a rite of passage for new entrants into the field of construction. However, this traditional jobsite staple is on the brink of transformation as more construction firms across the country are choosing safety helmets as superior alternatives to hard hats.

The adoption of safety helmets effectively addresses the pressing issue of head injuries in the construction industry. By providing a new level of protection that further reduces the risk of such injuries, firms can shield their workforce from potentially devastating impacts. By reducing the likelihood of head injuries, safety helmets improve the physical well-being of workers and nurture a jobsite culture of safety.

When general contractors are ensuring workers are in the safest possible environment, workers are able to allocate their valuable time toward their work.

SEPTEMBER, 2023

As you weigh the costs and benefits of the transition from hard hats to safety helmets at your firm, the following are three things to consider.

1. Safeguarding Against Traumatic Head Injuries With traumatic brain injuries accounting for nearly 25% of all construction fatalities, according to the Centers for Disease Control (CDC), headgear that provides adequate protection against slips and falls is a crucial responsibility for safety teams. The introduction of chin-strapped safety helmets, with an additional foam layer between the strap and shell, offer more protection than the basic hard-hat designs.

Most traditional hard hats only offer a Type 1 level of protection (specified by the American National Standards Institute), while helmets are designed to protect workers from falling objects and impacts to the top of the head, with much greater defense against impacts continued on page 70

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Transitioning continued from page 69 to the front, back and sides of the head. According to the CDC, safety helmets decrease the likelihood of serious head injuries by 30%.

2. Leveraging Safety Innovations

these safety changes financially manageable is crucial in expanding the presence of helmets in our industry.

An emphasis on safety should be deeply rooted in every partner you work with, beginning with orientation and continuing every day after. Diligently monitor overall project incident data, as using comprehensive reporting will keep employees and partners safe on the job. A sound safety culture that encompasses every worker and every project directly correlates with improved overall protection, productivity and profitability.

A proactive stance on safety serves as a catalyst for change that can also inspire other construction firms to embrace this critical evolution in safety and further protect the workers who are building the future.

WrittenArea

by Zack Garner. Reprinted with permisBoston sionLocations from Construction Business Owner. n

Construction tends to have an “If it isn’t broken, don’t fix it” mentality when it comes to change, whether through leveraging new forms of technology, incorporating new software or upgrading personal protective equipment (PPE). While safety-oriented technological advancements in construction have typically trended up more slowly than in other industries, the last decade has seen significant strides toward fostering a strong, data-driven safety culture.

On the project site of McCar2 Dexter Street thy Building Companies Inc.’s new Everett, MA 02149 Poultry Science Complex project Boston Area Boston Area at the University of Georgia in AthLocations Locations 431 Second Street ens, Georgia, and the expansion Everett, MA 02149 project at Piedmont Cartersville 2 Dexter Street 2 Dexter Street

Medical Center in Cartersville, Everett, MA 02149 Everett, MA 02149 Georgia, for example, the pivot to safety helmets has had a positive 431 Second Street 431 Second Street impact on incident rates, which Everett, MA 02149 Everett, MA 02149 have remained well below national BOSTON AREA LOCATIONS

averages during construction.

100 Fremont Street 2 Dexter Street 431 Second Street Worcester, MA 01603 Everett, MA 02149

3. Cultivating an “AllIn” Approach

Everett, MA 02149

Establishing and committing to a culture of safety should always be prioritized, regardless of the investment cost. While safety helmets may initially carry a higher price tag than hard hats (approximately three times higher), the Bros./Scrap-It, Inc., long-term cost savings theyMinichiello offer Minichiello Bros./Scrap-It, Inc. helps to lessen some of the sticker Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, shock. More than that, one cannot buyers, sellers, and processors of scrap metal.

Forour overgoal 60 years goal sellers and processors of scrap metal. For over 60 years has our remained estimate the price of permanently remained the same - to in provide the best along prices in thetop industry along with the same - tohas provide the best prices the industry with notch altering someone’s life aftercustomer a fall service! top notch service!

Fred Rogers at 617-595-5505 Callcustomer Fred Rogers at Call 617-595-5505 that causes a brain injury.Minichiello Bros./Scrap-It, Inc.,

Minichiello Bros./Scrap-It, Inc., As helmets gain traction and Serves over 2500 customers a week and is one New England's largest buyers, become the preferred safety methsellers and processors of scrap metal.

For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers od on construction sites, the the same surge- to provide the best prices in the industry along with top notch sellers and processors of scrap metal. For over 60 years our goal has remain in demand opens new possibilities customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch for mass production. This downward

customer service! Call Fred Rogers at 617-595-5505 trend in manufacturing expenses

has the potential to make safety helmets more accessible to a widTurn your metal into money today! er range of construction firms and Turn your metal into money today! workers, bridging the gap between Minichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. safety and affordability. Making

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Turn your metal into money today!

SEPTEMBER, 2023

“Being able to attend meetings with my industry peers has been very worthwhile and informative. Whether it is sharing a problem or a new idea, it is great to hear opinions from others that you respect in this business.” ~ RYAN MCCoURt, MCCoURt CoNStRUCtIoN CoMpANY

“While I am busy all day trying to run my business, it is a comfort to know that UCANE is working every day on my behalf to stem the never ending flow of new laws and regulations on both the State and Federal levels.”

~ vIN BARLEttA, BARLEttA HEAvY DIvISIoN

“Our company has been an active UCANE member for more than 40 years. UCANE is the premier association representing excavating contractors. No group works harder for infrastructure funding – and gets results than UCANE.” ~ JoE gIoIoSo, p. gIoIoSo & SoNS, INC.

“UCANE provides multiple opportunities throughout the year where I am able to network with company decision makers and establish invaluable contacts. Our company is dependent on a heathy construction industry and we are glad to support UCANE and their efforts to increase investment in our public infrastructure.”

~ pAULA BENARD, C. N. WooD Co., INC.

“I have always been impressed with the balance between large and small companies at UCANE. Every contractor, no matter what size, union or open shop, gets heard at Board meetings and has an equal vote in decision making.” ~ BRIAN CooNEY, C. C. CoNStRUCtIoN INC.

“My family has been UCANE Members since it began. No construction association has more respect on Beacon Hill or with public agencies that impact my business than UCANE. There is no doubt that our company has seen a return on our investment many times over.”

~ QUERINo pACELLA, RJv CoNStRUCtIoN CoRp.

“As a longtime member from Western MA, I can say that UCANE does a tremendous job keeping all members informed and being a strong advocate for our industry throughout the state and region.” ~ JERRY gAgLIARDUCCI, gAgLIARDUCCI CoNStRUCtIoN, INC.

“The information that UCANE provides to us about our industry is timely and invaluable. I find UCANE members to be committed and passionate about keeping the construction industry strong and well-respected and our company is proud to be a part of that.” ~ LISA FRENCH KELLEY, W. L. FRENCH ExCAvAtINg CoRp.

11 Index Advertisers’ 21st Century Concrete, Inc.................................................................... 72 AAA Work Trucks.................................................................................. 29 ATS Equipment, Inc. ................................................................................ 6 Alta Construction Equipment New England, LLC.................Ins. Back Cover Allied Bolt & Screw Corp....................................................................... 37 Badger Daylighting................................................................................. 22 Benevento Companies............................................................................ 15 Boro Sand & Stone Corp........................................................................ 68 Brennan Consulting................................................................................ 13 Broadstone Advisors............................................................................... 47 Dennis K. Burke, Inc............................................................................... 17 Chadwick-BaRoss...................................................................................... 2 Concrete Systems, Inc............................................................................. 28 Core & Main............................................................................................... 4 Cumberland Quarry Corp..................................................................... 33 Dagle Electrical Construction Corp.................................................... 34 Darmody, Merlino & Co., LLP.............................................................. 67 Dedham Recycled Gravel......................................................................... 9 DeSanctis Insurance Agency, Inc. ....................................................... 62 Dig Safe System, Inc................................................................................ 58 The Driscoll Agency................................................................................ 56 Jack Doheny Company........................................................................... 59 Eastpoint Lasers, LLC............................................................................. 50 T. L. Edwards, Inc.................................................................................... 11 Ferguson Waterworks............................................................................. 50 Genalco, Inc.............................................................................................. 45 L. Guerini Group, Inc............................................................................. 68 Henniker Directional Drilling, LLC.................................................... 60 Hinckley Allen LLP........................................................................10 & 38 John Hoadley & Sons, Inc...................................................................... 52 JESCO........................................................................................................ 56 Jolin Paving & Excavating Inc............................................................... 35 P. J. Keating Company............................................................................ 20 P. A. Landers, Inc..................................................................................... 48 Lawrence-Lynch Corp............................................................................ 19 Lorusso Corp............................................................................................ 52 Lorusso Heavy Equipment, LLC........................................................... 16 Mabbett & Associates, Inc..................................................................... 41 Mass Broken Stone Company................................................................ 41 McGovern Ford of Framingham.......................................................... 57 Mersino Dewatering............................................................................... 30 Milton CAT..............................................................................Back Cover Milton Rents............................................................................................. 23 Monroe Tractor........................................................................................ 46 National Trench Safety........................................................................... 26 Norfolk Power Equipment, Inc............................................................. 11 North American Crane & Rigging LLC................................................ 8 North East Shoring Equipment, LLC................................................... 14 Northwestern Mutual............................................................................. 15 Ocean State Oil........................................................................................ 64 Pawtucket Hot Mix Asphalt.................................................................. 58 Podgurski Corp........................................................................................ 60 E. J. Prescott, Inc................................................................ Ins. Front Cvr. Putnam Pipe............................................................................................. 35 Rain For Rent-New England.................................................................. 40 Read Custom Soils................................................................................... 60 Ritchie Bros. Auctioneers....................................................................... 12 Scituate Concrete Products Corp......................................................... 36 Scrap-It, Inc.............................................................................................. 70 Shea Concrete Products, Inc. ................................................................ 44 SITECH New England............................................................................ 32 Starkweather & Shepley Ins. Brokerage, Inc....................................... 18 Taylor Oil Company................................................................................ 52 Tenna......................................................................................................... 62 Tonry Insurance Group, Inc.................................................................. 59 Triumph Modular................................................................................... 54 United Concrete Products..................................................................... 54 United Construction & Forestry, LLC................................................... 1 Webster Printing & Packaging.............................................................. 50 Westlake Pipe & Fittings........................................................................ 68 C. N. Wood Co., Inc. .............................................................................. 24 World Insurance Associates LLC......................................................... 66

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SEPTEMBER, 2023

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