Construction Outlook April 2018

APRIL | 2018

A PUBLICATION OF THE UTILITY CONTRACTORS’ ASSOCIATION OF NEW ENGLAND, INC.

MassDEP, MWRA, & BWSC Agency Heads Discuss Planned Future Work

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IN THIS ISSUE

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

President-Elect MARCELLA ALBANESE

Albanese Brothers, Inc.

Treasurer RYAN McCOURT

McCourt Construction Company

Secretary BRIAN COONEY

C. C.Construction Inc.

BOARD OF DIRECTORS GREG ANTONELLI GTA Co., Inc.

VINCENT BARLETTA

Barletta Heavy Division

TONY BORRELLI

Celco Construction Corp.

BEN CAVALLO

C&S Insurance Agency

ANDREW DANIELS J. Derenzo Co.

GREG FEENEY

Feeney Bros. Utility Services

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

NICK GAMACHE

Rain for Rent - New England

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

MIKE GORMAN

E. J. Prescott, Inc.

BILL LEONARD

Aqua Line Utility, Inc.

AL MORTEO

FED. CORP.

JOHN OUR

Robert B. Our Co., Inc.

JOSEPH PACELLA

RJV Construction Corp.

PAUL SCENNA

Albanese D&S, Inc.

CHRIS VALENTI

GVC Construction, Inc.

KEN VOGEL

WES Construction Corp.

DAVID WALSH

Pawtucket Hot Mix Asphalt

3 President’s Message:

UCANE Advocacy Efforts Well Underway as Construction Season Begins

5 Legislative Update:

• House Passes Short Term Rental Legislation; UCANE Supports Language Creating Cape and Islands Water Protection Trust • Baker-Polito Administration Unveils Latest Round of MassWorks Grants • Governor Files $1.4 Billion Environmental Bond Bill • Significant Changes for the Massachusetts Senate in the 20192020 Session • News in Brief

14 UCANE’s March Forecast Dinner Meeting:

MassDEP, MWRA, and BWSC Leaders Discuss Upcoming Capital Projects

19 MWRA FY18-FY20 Upcoming and Ongoing Construction Awards 29 BWSC Capital Improvement Program 2018-2020 Executive Summary and Upcoming Projects 41 UCANE’s 39th Annual Golf Classic 43 Labor Issues: Pregnant Workers Fairness Act – Effective April 1, 2018

45 AG Healey Opens Fourth Annual Grant Application Period for Healthy Summer Youth Jobs

47 Study: Break Rates for Almost Half of U.S. Water Mains Up More Than 40 Percent in Six Years 51 UCANE Seminars Held on Asbestos-Cement Pipe and Competent Person/Confined Space Entry 55 2018 N-B-M Equipment Show 57 Technology in Construction: Time to Upgrade from Windows 7 to Windows 10

60 UCANE’s Seventh Annual Trade Show 65 7 Keys to Small-Business Longevity 69 Excavation Safety Tips If You Suspect a Natural Gas Leak 70 The McCourt Foundation Gala 71 UCANE’s Safety Corner: Why Operator Awareness is the Best Means of Accident Prevention

73 Financial Management: • • • • •

Patience is Prudent Know Your True Tax Rate Rethinking Retirement Contributions Regard Roth Conversions Carefully Are State and Local Taxes Reasons for Relocation?

• Positive Prognosis for Medical Deductions • Home Equity Hassle • New Tax Deduction for Pass-Through Entities

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

ANNE KLAYMAN

Executive Director

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UCANE Advocacy Efforts Well Underway as Construction Season Begins As contractors, we know that this is the time of year when things really begin to pick up and the construction season begins in earnest. That is one reason why it was so gratifying to see so many UCANE members, public officials, and invited guests at UCANE’s Forecast Dinner Meeting and Trade Show. A record number of companies and people took time out of their hectic schedules to participate and attend this year.

UCANE’s greatest strength is not only its support for our industry, but also our members support for each other and the willingness of our Contractor members to provide opportunities for our Associate members to do business with them. This event exemplifies why I am honored to serve as President of this great Association. You can read about our 7th Annual Forecast Dinner Meeting and Trade Show in this month’s magazine beginning on page 14.

While many jobsites get into full swing during the next few weeks, UCANE’s advocacy efforts have been constant since the beginning of the year.

As I mentioned in last month’s magazine, these efforts have provided a promising start. The Baker Administration recommended additional funding for the Clean Water Trust that would hopefully provide incentives for municipalities to approve water infrastructure projects. The recently approved federal budget included an increase in SRF funding, which could mean up to $15 million in additional monies for projects in Massachusetts.

This is also the time of year that the Legislature deliberates the state budget. UCANE is leading the advocacy effort, both individually and as a member of the statewide Water Infrastructure Alliance. Our goal is to get the House and Senate APRIL, 2018

to approve, at a minimum, the Governor’s recommended appropriation for the Clean Water Trust.

While funding for water and sewer infrastructure is a major part of our advocacy, it is certainly not the only one. Before the Legislature goes into recess on July 31, they will be considering many issues that can have an effect on our businesses and on our industry. Some of the issues UCANE is sponsoring and supporting include the direct payment of police details and updating the Dig Safe law. There are also several pieces of legislation that UCANE continues to oppose or attempts to mitigate the impact these bills could have on our industry. Our major issues this year are paid family leave, wage theft, and several bills regulating public construction. I encourage all members to remain up to date by reading our legislative updates and emails, and to get involved in the process when requested, as your participation and voice truly does make a difference.

While our members focus is rightfully on bidding work and getting their jobs up and running, take comfort in knowing that UCANE continues to be your “eyes and ears” to make sure that work will continue to come out to bid. n

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Mark Molloy, Esq., Lynch Associates, Inc.

House Passes Short Term Rental Legislation; UCANE Supports Language Creating Cape and Islands Water Protection Trust

A

t the end of March, the Massachusetts House of Representatives passed legislation to regulate and tax the short-term rental industry. The bill, which would require the Massachusetts Department of Revenue to maintain a short-term rental registry, record the name of each host and the address of each unit they offer, and give the Department the authority to charge a "reasonable fee" for registration, is geared towards online host facilitators like AirBNB and HomeAway. Under the legislation, rentals would be taxed at levels ranging from 4 percent to 8 percent, depending on how many units a host offers. Residential hosts renting two or fewer units would be taxed at 4 percent, investor hosts with three to five units would have a 5.7 percent tax, and professionally managed hosts renting six or more units would face an 8 percent tax per rental, under the bill.

Cities and towns would have the option to impose local excise taxes of up to 5 percent for residential hosts, 6 percent for investors, and 10 percent for professionally managed hosts. Communities that opt for the local tax would need to adopt ordinances or bylaws requiring any residential units offered as short-term rentals first undergo a safety inspection, the costs of which would

APRIL, 2018

be charged to the host.

Of interest to UCANE members, half of the local tax collected from professionally managed hosts would need to be dedicated to "programs addressing either local infrastructure needs or low- and moderateincome housing programs.” Perhaps more interesting, Representative Sarah Peake, joined by the rest of the Cape Cod and Islands delegation, filed an amendment to create the Cape and Islands Water Protection Trust and implement an additional 2.75 percent excise for use towards meeting the Cape and Islands $4 billion - $6 billion water infrastructure funding gap. In supporting the legislation, UCANE wrote to House members that “[t]his amendment underscores the need for partnership in developing a regional solution to Cape Cod and the Islands’ water infrastructure needs. Probably more than any other region in the Commonwealth, Cape Cod’s sole source aquifer, geographic configuration, and extensive inter-municipal nitrogen pollution creates the need for a regional entity to oversee the region’s water infrastructure needs.”

The Massachusetts Senate is expected to take up its version of the short term rental legislation in early April. continued on page 7

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Legislative Update continued from page 5

A

Baker-Polito Administration Unveils Latest Round of MassWorks Grants

ccording to a press release from the Massachusetts Executive Office of Housing and Economic Development, the Baker-Polito Administration made a $3 million MassWorks Infrastructure Program grant award to North Reading for the Water Infrastructure Improvements project. The award, which will support the redevelopment of the former J.T. Berry State Hospital site, will leverage more than $7.5 million in local funding and create the potential for more than $160 million in private investment.

The MassWorks Infrastructure Program makes grants available to municipalities for public infrastructure projects that generate additional private sector investment. This award will allow the town of North Reading to replace water mains and construct a new pump station to meet the current and future needs of North Reading.

In particular, the town of North Reading sold the property to Pulte Homes through a partnership with the Commonwealth, through the Open for Business initiative, an effort to help municipalities create value through their real estate portfolios. The sale and in-

frastructure upgrades, in coordination with efforts to rezone the site as a 40R Smart Growth District and designating it as a 43D Local Expedited Permitting Site, will result in the construction of a new, 450-unit housing development, Martins Landing.

The project is also consistent with the Metropolitan Area Planning Council’s MetroFutures Plans, and may unlock an additional 250-units of housing and up to 43,000 square feet of new retail space.

The MassWorks Infrastructure Program provides a one-stop shop for municipalities and other eligible public entities seeking public infrastructure funding to support housing production, economic development, and job creation. Since 2015, and including this year’s awards, the Baker-Polito Administration has awarded over $274 million to 134 projects in 106 communities throughout the Commonwealth, spurring the development of over 2 million square feet of commercial and retail space, over 7,000 immediate housing units, at least 7,000 square feet of new public space, and 1,200 new hotel rooms and commercial/retail space. continued on page 9

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Governor Files $1.4B Environmental Bond Bill

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he month of March saw Governor Baker file legislation to authorize over $1.4 billion in capital allocations for investments in safeguarding residents, municipalities, and businesses from the impacts of climate change, protecting environmental resources, and investing in communities. The legislation, An Act Promoting Climate Change Adaptation, Environmental and Natural Resource Protection and Investment in Recreational Assets and Opportunity, provides numerous environmental bond authorizations and commits certain components of Governor Baker’s Executive Order 569, which established an integrated climate change strategy, into law. The legislation will also codify the Baker-Polito Administration’s Municipal Vulnerability Preparedness grant program, which has now enrolled over 20% of communities across the Commonwealth in an effort to plan for, and build resilience to, climate change.

In an effort to meet a variety of environmental needs throughout the Commonwealth, the legislation allocates significant funds for communities to continue their environmental stewardship programs.

Among the allocations: • $125 million for community investment grant programs for municipalities, regional planning agencies, and other eligible entities; • $25 million for tree planting and forest land protection programs. In addition to the grant programs administered by the Executive Office of Energy and Environmental Affairs (EEA); • $50 million for the Massachusetts Department of Transportation’s Complete Streets Program, which provides funding to communities to provide safe and accessible options for all travel modes - walking, biking, transit, and vehicles; • $170 million will be used to fund improvements and repairs to dams and seawalls, and to implement diverse coastal resiliency strategies; • $50 million will provide planning and action grants to communities through the Municipal Vulnerability Preparedness (MVP) Program; and • $60 million will be invested in implementing the Commonwealth’s Integrated State Hazard Mitigation and Climate Adaptation Plan.

The legislation also includes over $270 million to support environmental programs at the MassDEP and other agencies ranging from air and water quality

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Legislative Update continued from page 9 monitoring to hazardous waste cleanup and the restoration of rivers, wetlands, streams, and lakes. This includes the $60 million necessary for the Commonwealth’s Clean Water Trust to continue its strong partnership with cities and towns in developing water infrastructure projects. To protect the Commonwealth’s maritime industry, the bill includes a proposal to allow the Department of Fish and Game to update decades-old fines and penalty schedules for marine fisheries violations, including doubling non-criminal fines and increasing criminal penalties.

In an effort to improve other government functions, the bill amends the Mass. Gen. Laws to improve agency operations, empower municipalities, and increase recreational opportunities. It would also improve the Division of Marine Fisheries’ ability to enforce marine fishery laws, protecting Commonwealth fisheries by updating decades old criminal and civil fines and penalties. The Department of Conservation and Recreation and Division of Fisheries and Wildlife would be authorized to provide discounted parks passes and fishing and hunting licenses for veterans.

To read more about this legislative filing, please visit: www.mass.gov/doc/an-act-promoting-climatechange-adaptation-environmental-and-natural-resource-protection-and/download.

MARCH, 2018 APRIL, 2018

Significant Changes for the Massachusetts Senate in the 2019-2020 Session

O

n the basis of the month of March alone, the next legislative session will be very different for the Massachusetts Senate. Ashland Democrat Senator Karen Spilka, the current Chairwoman of the Senate Ways and Means Committee, announced that she has the votes to become the next Senate President – a full nine months before Senators were expected to choose their next leader.

According to various media reports, Senator Spilka has the support of 25 of her colleagues, including, Senator Sal DiDomenico, one of the other leading contenders for the position.

Although Senate President Harriette Chandler had asked Senators to leave wrangling for the position until later in the session, a number of Democrats continue lining up votes, as has occurred in both the Senate and House of Representatives in previous leadership battles. Senator Chandler, who did not seek the position for next term, has worked hard to keep the body focused on policy and legislation, not continued on page 13

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News in Brief

Legislative Update continued from page 11 politics. Other contenders for the position of Senate President included Senator Eric Lesser, Senator John Keenan, Senator Eileen Donoghue, and although he did not campaign for it, Senator Mark Montigny.

In addition to the prospect of a new Senate President, the Massachusetts Senate will lose three more of its members next session. Senator Donoghue, who represents the City of Lowell, was recently selected City Manager for the Commonwealth’s leading gateway city. With Senator Donoghue assuming the City of Lowell’s top appointed position, no special election will be held to replace her before the regularly scheduled biannual elections. In addition, Senator Kathleen O'Connor-Ives of Newburyport announced that she will not seek re-election for the next legislative session. A passionate legislator known for her commitment to constituent issues, Senator O’Connor Ives noted that the growing demands of her family played a consideration in her decision.

Combined with the departures of Senators Jim Timilty, Tom McGee, Jen Flanagan, Ken Donnelly, and eventually, Barbara L’Italien, who is seeking Congressman Niki Tsongas’s seat due to her own decision to not seek re-election, the Massachusetts Senate will have soon close to a quarter of its body change-over.

•

Governor Signs OSHA Expansion Act. As drafted, the federal Occupational Safety and Health Act gave states the option of applying its safety standards to public employees. With a new law, Massachusetts joins the slim majority of states that provide at least OSHA-level protections for public employees – whether in municipal, county, or state employment. The legislation, championed by the Massachusetts Coalition of Occupational Safety and Health (MassCOSH), will apply to the full-time equivalent of 86,800 state workers and 341,721 municipal employees.

According to MassCOSH, between 2005 and 2016, 52 municipal workers were fatally injured at work in Massachusetts.

•

Representative Cantwell Leaving Legislature. After 10 years in office, Representative Jim Cantwell announced his resignation at the end of March to join U.S. Senator Ed Markey as his State Director. As a State Representative, Mr. Cantwell had been active in policy discussions around ways to reduce opioid addiction, nuclear plant regulation, international climate change goals, and the national flood-insurance program. n

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UCANE’s March Forecast Dinner Meeting

MassDEP, MWRA, and BWSC Leaders Discuss Upcoming Capital Projects

U

Martin Suuberg

Fred Laskey

John Sullivan, P.E.

MassDEP Commissioner

MWRA Executive Director

BWSC Chief Engineer

CANE’s Forecast Dinner Meeting and Trade Show once again showcased UCANE at its best.

It brought together contractor and associate members, government leaders, and public works officials to not only discuss upcoming jobs being put out to bid, but to celebrate the important work everyone in the room does to provide safe and clean water, and maybe to have a laugh or two at each other’s expense. A capacity crowd of more than 375 members and guests filled The Sheraton Four Points Hotel in Norwood for this year’s event, including key personnel from MassDEP, the MWRA, and Boston Water & Sewer Commission (BWSC). This year’s dinner meeting also served as an opportunity to honor two gentlemen who recently announced their retirements: former UCANE President and Contractor of the Year Tom Descoteaux from R. H. White Construction Co., Inc. and longtime MWRA COO Mike Hornbrook.

The dinner was also an opportunity to introduce and welcome new members Northland JCB of Concord, NH, Leica Geosystems of North Kinston, RI, Lockwood Remediation Technologies LLC of Leominster, MA, J2M Consulting Associates, LLC of Mansfield, MA, and Allied Bolt & Screw Corp. of Canton, MA, all of whom had representatives in attendance.

The keynote presenters for the evening were MassDEP Commissioner Martin Suuberg, MWRA Executive Director Fred Laskey, and BWSC Chief Engineer John

14

Sullivan. Each of these leaders provided the latest information on ongoing projects and, more importantly, which projects will be going out to bid in the upcoming year, as well as additional projects in subsequent years.

UCANE President Richard Pacella, Jr. opened the meeting by welcoming the attendees and asking them to get involved in UCANE and advocate for our industry. UCANE Executive Director Anne Klayman then introduced the first keynote speaker of the evening, MassDEP Commissioner Martin Suuberg who spoke on several current issues that will have an effect on the water infrastructure industry. He also spoke about the MassDEP Final 2018 Clean Water and Drinking Water Intended Use Plans (IUP), which had been released in late February, with UCANE representatives in attendance at that event.

The list shows an increase in spending for 2018, with 59 projects totaling $484 million in projects authorized through the Clean Water State Revolving Fund (CWSRF), and 29 projects totaling $126 million in projects authorized through the Drinking Water State Revolving Fund (DWSRF). These projects will be put out to bid in all areas of the state, from Cape Cod to Western Mass.

The entire 2018 IUP list can be found in the March issue of our magazine, and on our website at www.ucane.com.

Commissioner Suuberg also provided some additional good news, informing those in attendance that the recently approved federal budget contains $600 million in

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additional funding for the national CWSRF and DWSRF grant programs. The Commissioner said that the additional funds should increase Massachusetts’ CWSRF grants from approximately $45 million to about $55 million, and that the DWSRF grants should increase from $15 million to $20 million.

MWRA Executive Director Fred Laskey then began his remarks by introducing new MWRA COO David Coppes and talked about the MWRA’s pilot program of including a police detail allowance in their bids. He said this change was a result of listening to, and working with UCANE members, who expressed concerns over this issue. He then updated attendees about ongoing work being done by UCANE members, as well as the upcoming 2018 and 2019 projects, which includes several redundancy pipe projects and rehabilitation projects on Deer

APRIL, 2018

Island, Nut Island, and other water treatment plants.

John Sullivan then gave an overview of the BWSC ongoing water main replacement program and outlined several sewer relay and separation projects scheduled for 2018. He also made an in-depth presentation about the affect the winter storms had on the city of Boston and the proactive approach the city is taking to deal with rising ocean levels and climate change.

All of the speakers thanked UCANE and our membership for their continued work and advocacy on behalf of the water infrastructure industry. The forecast for this year is that more work will be put out to bid. Also it is particularly encouraging that progress is being made on Cape Cod, which has had a vital need to address their water infrastructure for many years. continued on page 17

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Dinner Meeting continued from page 15 Each year our Forecast Dinner serves as the “unofficial kickoff” to the construction season. We look forward to several projects both large and small to be put out to bid in the upcoming year. UCANE would like to thank Commissioner Suuberg, Fred Laskey, and John Sullivan for taking the time out their busy schedules to attend.

We would also like to thank our Construction Outlook advertisers who participated in our 7th Annual Trade Show prior to our Dinner Meeting. We had a record number of booths at this year’s show, and the evening was a tremendous success! (See article on page 60) n

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MWRA FY18–FY20 Upcoming Construction Awards Project

Phase

Anticipated Est.Contract Advertisement Amount ($000)

continued on page 21 APRIL, 2018

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MWRA continued from page 19

MWRA FY18–FY20 Upcoming Construction Awards (continued) Project

Phase

Anticipated Est.Contract Advertisement Amount ($000)

continued on page 23

Asphalt Paving • Excavating / SiteDevelopment Development Asphalt Paving • Excavating • Site HotHot MixMix Asphalt / Cold Patch Asphalt Lawrence-Lynch Corp.

White Bros. – Lynch Corp.

P.O. Box 913 • Falmouth, MA 02541

P.O. Box 155 • Oak Bluffs, MA 02557

396 Gifford Street • Falmouth, MA 02540

20 Vineyard Ave. • Oak Bluffs, MA 02557

PH 508-548-1800 • FX 508-457-1825

PH 508-693-0845 • FX 509-693-0312

Visit our website @ www.lawrencelynch.com

APRIL, 2018

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21

Strategic legal counsel.

Unmatched industry experience.

Hinckley Allen is one of the most experienced construction law practices in the nation.

Our ability to provide value and deliver results through strong relationships, practical legal advice and counsel has earned us a first-tier national ranking in U.S. News and World Report’s “Best Law Firms” for the LitigationConstruction category.

We specialize in solving complex issues and provide a full range of construction law and dispute resolution expertise including Compliance, Crisis Response & Management, Dispute Resolution, Government & Internal Investigations, Procurement, Risk Management & Surety and Transactions.

CONTACT US:

Christopher W. Morog | Boston | 617-378-4178 Ronald D. Ciotti | Manchester | 603-225-4334 Timothy T. Corey | Hartford | 860-725-6200

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APRIL, 2018

MWRA continued from page 21

MWRA Upcoming Contract Awards Deer Island Clarifier Rehabilitation - Phase 2 • Bid Date: August 2018 • Est. Contract Value: $130 million

Nut Island Headworks Odor Control and HVAC Improvements • Bid Date: October 2018 • Est. Contract Value: $41 million

Weston Aqueduct Supply Main 3 Rehabilitation • Bid Date: October 2019 • Est. Contract Value: $19.8 million

Section 57 Water Pipeline and Sections 21/20/19 Sewer Rehabilitation • Bid Date: February 2019 • Est. Contract Value: $22.3 million

continued on page 25

APRIL, 2018

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23

Your Massachusetts and New Hampshire source for portable power from

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From our comprehensive range of air compressors, lighting systems to our rugged and reliable generators, we have a solution to fit your needs. Running a successful business takes more than powerful equipment.

That’s why Doosan choose to partner with the experienced professionals at ATS Equipment. A family owned company that cares!

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ATS EQUIPMENT, INC. FOUR CONVENIENT LOCATIONS

BOSTON, MA, 33 LOCUST STREET, TEL: (617) 825-3600 AUBURN, MA, 487 WASHINGTON STREET, TEL: (508) 832-8500 REHOBOTH, MA, 51 FALL RIVER AVENUE, TEL: (508) 379-6200 CANDIA, NH, 133 RAYMOND ROAD, TEL: (603) 483-2100

MWRA continued from page 23

MWRA Ongoing Projects Wachusett Aqueduct Pump Station: Barletta Heavy Division/Barletta Engineering Co. • 82% Complete

• 85% Complete

Alewife Pump Station Rehabilitation: Barletta Engineering Corp.

• 59% Complete

Northern Intermediate High Stoneham and Wakefield: Albanese D&S, Inc.

Reading Extension Sewer: Green Mountain Pipeline Services • About 15% complete

continued on page 27

APRIL, 2018

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25

Insurance...Solutions...Integrity...Since 1879

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APRIL, 2018

MWRA continued from page 25

MWRA Ongoing Projects

Clinton Treatment Plant Phosphorous Removal: Daniel O’Connell’s Sons • 90% Complete

Section 80 Pipeline Repair: P. Caliacco Corp.

• 90% Complete

Southern Extra High Section 111 - Boston: P. Gioioso & Sons, Inc.

Kubota KX080-4S 66.6 HP Kubota Diesel 19,225 lbs. Operating Weight 15’ 1.1” Dig Depth

• 89% Complete

Kubota SVL95-2S

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Kubota SSV75

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Wrentham, MA Carver, MA Burrillville, RI 508-384-0011 w w w.n or fol kpowe r.com

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CRANE RENTAL • RIGGING • SPECIALIZED TRANSPORT

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APRIL, 2018

Boston Water & Sewer Commission Capital Improvement Program 2018-2020 Executive Summary

T

he Boston Water and Sewer Commission (“the Commission” or “BWSC”) is a body politic and corporate and political subdivision of the Commonwealth created by Chapter 436 of the Acts of 1977 (“Enabling Act”).

The Enabling Act abolished the water and sewer divisions within the City of Boston Public Works Department and transferred the ownership, operation and control of the water, sewer and storm drain systems to the Commission.

As a public instrumentality, the Commission performs an essential public function in providing water and sewer services to the residents of the City of Boston. The Act authorizes the Commission to construct and make improvements to the water and sewer systems, establish and collect rates and charges for its services and finance its operations and improvements through revenue collections and the sale of bonds and notes payable solely from the Commission’s revenues. The Act further provides that any revenue surpluses earned by the Commission in any Fiscal Year shall be credited to the next year’s rates or returned to the City of Boston.

Since its inception, the Commission has generated a surplus in each year of its operations and has credited the surplus to the reduction of the next year’s rates.

The Enabling Act and the Commission’s General Revenue Bond Resolution adopted December 6, 1984 (“the Resolution”) require the Commission, on an annual basis, to develop a three-year Capital Improvement Program (“CIP”). Information generated by the Commission’s ongoing monitoring programs for the Systems and from various engineering data files, together with information concerning the development needs of the City, is used to compile a list of pipes, conduits, transmission mains and other System components to be either renewed, replaced, relocated or added to the Systems each year. The CIP outlines the schedule and implementation of the capital projects necessary to maintain and improve the water and sewer systems for the ensuing three-year period.

The Commission in compliance with the requirements of the Enabling Act and the Resolution, project costs of the Commission’s Capital Improvement Program from Fiscal Years 2018 through 2020 total approximately $219.1 million.

Since the Commission’s inception in 1977, the Commission has set forth its Capital Improvement Plan to provide for long-term capital improvements to its water dis-

APRIL, 2018

tribution and sewer collection systems, governed by a core commitment to prudent fiscal management. Comprehensive and well-planned water distribution system maintenance and planning has sustained superior water service for our customers and resulted in a low incidence of system failures.

The Commission has also led the industry in implementing effective water conservation measures, including dedication to deploying the most efficient technologies and practices enabling the Commission to maximize cost savings.

The Commission utilizes effective conservation measures through continued efforts to eliminate leaks across the system through advanced leak detection technology and proactive maintenance of the system’s water mains.

Discussion of Management Objectives and Accomplishments The Commission was created to maintain and improve the long-term quality and reliability of water and sewer services for all users in the City and to assure adequate funding for operation and maintenance of the systems.

For the purposes of this document, “Systems” include the water distribution system (including potable water and fire suppression facilities) and sewer system (including separate sanitary sewers, separate storm water drains and combined sewers) and the related appurtenances and fixtures.

The Commission is committed to four primary goals: • To maintain and improve the Water Distribution and Wastewater Collection Systems. The Commission is continued on page 31

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Lorusso Heavy Equipment LLC

Lorusso Heavy Equipment LLC 160 Elm Street • Walpole, MA 02081 Phone: 508-660-7600 • Fax: 508-660-7614 www.lhequip.com 30

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APRIL, 2018

BWSC continued from page 29 committed to a number of improvements to the Water Distribution and Sewer Systems, including following an aggressive renewal and replacement program, reducing unaccounted for water, encouraging conservation and improving the environment.

• To establish and administer a billing and collections system that is fair and efficient. The Commission has worked to establish a rate structure that fully reflects its costs, fairly distributes the financial obligation concerning its customer base and encourages water conservation. The metering, billing and collection process is a central focus of the Commission’s full management team and the Commission is committed to maintaining its strong record in this area.

• To maintain a strong financial structure. The Commission consistently employs conservative financial projections and budgeting assumptions, maintains adequate reserves and strikes a balance between debt funding and rate funding of capital expenses.

Unreserved onsite auctions

• Sustaining Effectiveness of Investments / Compliance of Regulations. The Commission is committed to complying with all its regulatory obligations under federal and state laws, including the Safe Drinking Water Act (“SDWA”), Clean Water Act (“CWA”) and its National Pollutant Discharge Elimination System (“NPDES”) permitting obligations for both its stormwater system and combined sewer system. Compliance obligations also extend to meeting and exceeding the goals and requirements of the Boston Harbor Decree and the Consent Decree executed in 2012 with the Environmental Protection Agency (“EPA”) related to stormwater discharges.

In planning its CIP, the Commission balances the recognized need for ongoing renewal and replacement and preservation of its Systems with the desirability of specific improvements to accommodate development or redevelopment plans for the City. Wherever feasible, capital improvements are scheduled in cooperation with the street rebuilding and reconstruction activities of the City’s Department of Public Works, the Boston Planning and Development Agency and the Commonwealth of Massachusetts Highway Department. continued on page 31

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BWSC continued from page 31

Objectives The overall objectives of the Commission 20182020 CIP are to ensure the delivery of high quality potable water for consumption and fire protection, as well as the efficient collection of sewage for transport and delivery to a treatment facility or for approved discharge. In addition, the CIP includes projects to improve overall efficiency of the Commission and to enhance the Commission’s ability to provide services to its customers.

A new Stormwater category was created in 2017 that focuses on Stormwater management. The primary purpose of the Stormwater Category in the 2018-2020 Capital Improvement Program is to encourage participation in the Boston Harbor pollution abatement projects and implement green infrastructure to improve the water quality of discharges to the local receiving waters. The goal is also to study existing conditions and make recommendations for placement of new best management practices designed to promote improved water quality, ensure compliance with state and fed-

eral regulations, minimize flooding, and strategically manage Stormwater throughout the City of Boston.

CIP expenditures are divided into four categories: Water Distribution System projects, Sewer System projects, Support projects and Stormwater projects. Water Distribution System projects account for $97.6 million, or 44.6% of the 2018-2020 CIP. Sewer System projects comprise $96.5 million, or 44.0%, Support projects total $18.1 million, or 8.3% of the expenditures outlined in the program, and Stormwater projects account for $6.9 million, or 3.1% of the 20182020 CIP. Total capital expenditures of $94.7 million are outlined for 2018. Water Distribution projects comprise $41.4 million, or 43.7%. Sewer System projects account for $41.7 million, or 44.0%, Support projects account for $7.9 million, or 8.4% of the 2018 amount.

Stormwater projects totaling $3.7 million consist of the remaining 3.9% of the 2018 amount.

Tables 1 and 2 on the following page represent the cash flow expenditures and funding sources for the Commission’s 2018-2020 CIP. continued on page 33

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3/7/2018 3:20:06 PM

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BWSC continued from page 32

2018-2020 CIP Cash Flows Table 1 PROGRAM Water

2018

2019

2020

TOTAL

$ 41,403,000 $ 38,057,000 $ 18,095,000

$ 97,555,000

Sewer $ 41,749,000 $ 34,842,000 $ 19,886,000

$ 96,477,000

Support

$ 7,925,000 $

5,810,000 $ 4,400,000

$ 18,135,000

Stormwater

$ 3,672,000 $

2,106,000 $ 1,115,000

$ 6,893,000

TOTAL

$ 94,749,000 $ 80,815,000 $ 43,496,000

$ 219,060,000

NOTE: Although expenditures decrease from periods 2019 to 2020, it is anticipated that funding for 2020 will be equal or greater than funding presented in 2019. The decrease in 2020 is primarily due to the CIP being a one-year cash flow, over a three-year budget period.

2018-2020 CIP Funding Sources Table 2 FUNDING SOURCE

2018

2019

2020

TOTAL

BWSC Bonds

$ 58,113,000

$ 46,484,000 $ 24,732,000 $ 129,329,000

Rate Revenue

$ 17,236,000 $ 19,736,000 $ 12,564,000 $

MWRA Water Assistance

$ 8,303,000 $

9,335,000 $

3,355,000 $ 20,993,000

MWRA I/I Assistance

$ 11,097,000 $

5,260,000 $

2,845,000 $ 19,202,000

TOTAL

$ 94,749,000 $ 80,815,000 $ 43,496,000 $ 219,060,000

49,536,000

NOTE: Although expenditures decrease from periods 2019 to 2020, it is anticipated that funding for 2020 will be equal or greater than funding presented in 2019. The decrease in 2020 is primarily due to the CIP being a one-year cash flow, over a three-year budget period. continued on page 35

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

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

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THE BEST CHOICE FOR PROTECTION

FROM THE GROUND UP. Keeping everyone safe on the job site isn’t simple, but choosing the insurance package that’s right for you can be. Cavallo & Signoriello knows what you need.

VISIT WWW.CANDSINS.COM OR CALL 508.339.2951 TO LEARN MORE

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APRIL, 2018

BWSC continued from page 33

T

Project Highlights

he Commission’s CIP includes projects to improve the overall efficiency of the Commission and to enhance the Commission's ability to provide services to its customers. The projects included in this CIP are intended to accomplish these objectives in the most efficient and cost effective manner.

The Commission intends to enhance Boston’s water and sewer infrastructure with several targeted projects included in the 2018-2020 Capital Improvement Program. Some of the major projects are listed below: • Water Main Replacement Program • Inspection and Rehabilitation of Steel Water Mains • Sewer and Drain Replacement Program • Sewer & Drain Rehabilitation & Replacement in the North End • Sewer Separation and System Improvements in South Boston • Sewer Separation in Roxbury • City-wide Illegal Connections Investigations

• Upgrades to Union Park Pumping Station & Satellite Stations • Projects affiliated with the Consent Decree; includes cleaning and televising ninety miles of sewer and drains • Implement Stormwater/Green Infrastructure Program designed to improve water quality, the environment and manage stormwater resources • Improvements to Information Technology continued on page 37

Connecting people, commerce and communities.

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For us, it’s not just about making asphalt and paving roads.

We promise excellence. It’s that simple.

Palmer Paving Corporation, Inc — palmerpaving.com 25 Blanchard Street Palmer, MA 01069 413-283-8354

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23 Arthur Street Easthampton, MA 01027 413-527-6906

43 Old Coldbrook Road Barre, MA 01005 413-283-8354

1000 Page Boulevard Springfield, MA 01104 413-737-4020

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BWSC continued from page 35

Projects Associated with the Consent Decree & Water Quality Improvements There are several projects that the Commission is performing and planning to undertake to fulfill and exceed recommendations of the Environmental Protection Agency (“EPA”) under the Consent Decree.

The following projects will support the Commission’s goal of compliance with the Consent Decree and improved water quality discharges and the environment:

Consent Decree Sewer R & R • Cleaning and Inspections of Sewers and Storm Drains (CMO-Capacity Management Operations and Maintenance) Separation • Citywide Illegal Connection Investigation Program Phase IV (Contract 16-206-001) • Augment Drain Model to Characterize Water Quality Sewer Special • CCTV of Sewers and Storm Drains (Contamination Investigation) Stormwater • Construct BMPs & Green Infrastructure at City Hall Plaza • Construct BMPs & Green Infrastructure at Audubon Circle

Water Quality Improvements Separation • Separation of Sewer House Laterals (Contract 14309-007 & 17-309-003) • Owner Correction of Illegal Connections Sewer Special • Urban Runoff Water Quality Evaluation • Interactive Training Tool • Fort Point Channel Implementation of Recommendations • Model Improvements Stormwater • Constructed Wetland in Stormwater • Tributary Area • Green Infrastructure Low Impact Development Area I (North Beacon St.) • Green Infrastructure Low Impact Development Area II (Stony Brook) • Green Infrastructure Low Impact Development Area III (Canterbury Brook) • Stormwater Utility Evaluation • Wastewater/Drainage Facilities Plan • Design of Constructed Wetland in Stormwater Tributary Area (Daisy Field) • Design of Constructed Rain Gardens • Constructed Rain Gardens NOTE: Full description and forecasted budgets of individual projects are available in the Sewer R & R, Sewer Separation, Sewer Special & Stormwater sections of the complete 2018-2020 CIP at www. bwsc.org. n continued on page 37

Kenworth Northeast, Boston 1150 West Chestnut St Brockton, MA 02301 (781) 341-0008 Www.Kenworthne.com Providing the services our customers deserve; Delivering the satisfaction they expect APRIL, 2018

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Risk starts even before you do.

Before you break ground, there are risks that can threaten the success of your project ranging from contractual and surety needs to environmental exposures and site security. And once construction begins, even more risks arise.

Now is the time to have a close working relationship with an insurer who understands the construction industry.

We’ll leverage our expertise and knowledge and work with you to uncover potential pitfalls others might miss, and provide solutions that will help you get ahead of risk. By anticipating and preparing for it, you can avoid project disruptions, reduce loss costs and keep your projects running smoothly. Don’t start without us.

For more information, please contact your Travelers agent.

travelers.com © 2015 The Travelers Indemnity Company. All rights reserved. Travelers and the Travelers Umbrella logo are registered trademarks of The Travelers Indemnity Company in the U.S. and other countries. CP-8324 New 3-15

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APRIL, 2018

BWSC continued from page 37

BWSC 2018-2019 CIP Upcoming Projects

APRIL, 2018

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Protect your crew and a whole lot more.

From training your crew on safety regulations to helping you choose the right equipment for the job, our innovative Trench Safety Solutions help increase productivity and lower costs. Next time you’re underground, count on us to help keep your crew, and your project, safe.

UnitedRentals.com/Trench 800.UR.RENTS

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The Underground Equipment Specialist® • Shoring

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• Confined Space Safety Equipment

• Pipe Plugs & Testing Equipment

• Engineering

• Steel Road Plates

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APRIL, 2018

Hosted By

UCANE’s 39th Annual

Golf Classic Monday, July 9, 2018 Brookmeadow Country Club Canton, MA

Taylor Oil Company - Corporate Sponsor E. J. Prescott, Inc. - Lobster Clambake Sponsor

McCourt Construction Co. - $25,000 Hole-In-One Dagle Electrical Const. Corp. - $10,000 Putting Contest Rodman Ford Sales, Inc. - Ford F-150 (3-Year Lease) Hole-In-One Core & Main - “Closest to the Pin” Against a Sports Celebrity HD Supply Const. & Industrial AH Harris/White Cap - Golf Ball Cannon Shoot Ritchie Brothers Auctioneers - Photo’s with Sports Celebrity P. Gioioso & Sons, Inc. - Goody Bags For sponsorships or reservations call the UCANE office at 617.471.9955

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

PRODUCTS • Bituminous Concrete • Sand & Gravel • Crushed Stone • Screened Loam & Compost • Recycled Aggregate Products • Rip Rap & Armor Stone SERVICES • Paving & Roadway Construction • Utility Trench Preparation • Utility Trench Paving • Organic Material Recycling • Construction Material Recycling • Roll Off Containers

www.lorussocorp.com

APRIL, 2018

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P.A. Landers, Inc. The Smart Choice For All Your Site Development Needs “WE DELIVER QUALITY BY THE TRUCKLOAD”

NEW LOCATION 608 Main St. Mashpee, MA 02649 800.834.4333 508.477.1700

42

351 Winter St. Hanover, MA 02339 800.660.6404 781.826.8818 F: 781.826.6377

228 Cherry St. Plymouth, MA 02360 508.747.1800 F: 508.747.6017

www.palanders.com

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APRIL, 2018

Richard Wayne, Esq., Prince Lobel Tye LLC

Pregnant Workers Fairness Act – Effective April 1, 2018 On April 1, 2018, the Massachusetts Pregnant Workers Fairness Act (“PWFA”) took effect.

The PWFA expands the Massachusetts Fair Employment Practices Act, M.G.L. c. 151B, to not only prohibit discrimination on the basis of pregnancy, but to now require employers to provide reasonable accommodations to an employee who is pregnant “or has a condition related to pregnancy”, unless the accommodation would cause the employer an undue hardship.

While federal and Massachusetts laws prohibited discrimination on the basis of pregnancy, these laws did not require an employer to accommodate the needs of pregnant workers. The law will be enforced by the Massachusetts Commission Against Discrimination (“MCAD”).

S

pecifically, under the PWFA: (1) an employer cannot deny an employment opportunity, or take an adverse action against, an employee because of the employee’s request for or use of a reasonable accommodation; (2) an employer cannot make an employee accept a particular accommodation if another reasonable accommodation would allow the employee to perform the essential functions of her job; (3) an employer cannot require an employee to take a leave if another reasonable accommodation may be provided without causing an employer an undue hardship; (4) an employer cannot refuse to hire a person who is pregnant because of the pregnancy or a pregnancy-related condition, if she can perform the essential functions of the position with or without reasonable accommodation; and (5) once an employer is on notice of the need for an accommodation, in order to determine what accommodation may be needed, an employer must communicate with the employee in a timely, “good faith, interactive process” to explore feasible accommodations.

A “condition related to pregnancy” can occur during or after pregnancy. Examples include, but are not limited to, morning sickness, lactation, or the need to express breast milk.

APRIL, 2018

An employee has the burden to notify the employer of a need for a reasonable accommodation due to pregnancy or a pregnancy-related condition.

The PWFA does not require that the request be made in any particular fashion, it can be verbal or in writing.

Upon request, the employer should promptly engage in a “good faith, interactive process”, or discussions with the employee, to determine what reasonable accommodation may be made. The employer is not required to accept the employee’s reasonable accommodation suggestions or demands, but is required to review the employee’s proposed accommodations promptly and in good faith to attempt an accommodation.

A “reasonable accommodation” is a modification or adjustment that allows an employee to perform the “essential functions” of the employee’s position.

Some examples of reasonable accommodations are: (1) more frequent or longer breaks; (2) time off; (3) providing equipment or seating; (4) temporary transfer to a less strenuous or hazardous job; (5) job restructuring; (6) light duty; (7) private space for expressing breast milk; (8) assistance with manual labor; and (9) a modified work schedule. Employers continued on page 44

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43

Labor Issues continued from page 43 are not required to discharge or transfer another employee with more seniority, or to promote an unqualified employee, as an accommodation.

Employers can require documentation about the need for accommodation from a healthcare professional that explains what accommodation the employee needs. Upon receipt, the employer and employee should discuss how the accommodation(s) relate to the essential functions of the employee’s job. However, the employer cannot require documentation for an employee’s need for the following: (1) more frequent restroom, food, or water breaks; (2) seating; (3) limits on lifting more than 20 pounds; and (4) private, non-bathroom space for expressing breast milk.

The PWFA does not specify or limit how often an employee can take a break to breastfeed or express breast milk. Employers should be aware that every employee has individualized needs, which may vary month to month or even day to day. Absent undue hardship, employers should allow employees to breastfeed or express milk as often as they need to do so. The PWFA does not require these breaks to be a specific length, but should allow the employee the time needed to breastfeed or express breast milk. Under the law, breaks may be paid or unpaid.

However, if the employer does provide paid breaks to employees, the employer must allow the employee to use those paid breaks to breastfeed or express breast milk.

The employer must provide an employee a private, non-bathroom space to express breast milk or to breastfeed. Examples include, but are not limited to, a private room or office. The space should be free from intrusion by other employees, visitors, and the public. The space should be convenient enough for the employees that traveling to and from the space does not materially impact an employee’s break time.

Besides being a private, non-bathroom space, the space should allow employees to comfortably express breast milk and/or breastfeed. Examples of features that should be included in the space are sufficient electrical outlets for breast pumps, tables or other surfaces to hold breast pumps and other needed items, and seating.

Employers cannot take an “adverse” action against an employee because of her need to take a break permitted under the PWFA. For example, if an employer generally allows its employees to take breaks without loss of pay or benefits, but reduces the pay or benefits of an employee who takes breaks to express breast milk, the employer would likely be

44

in violation of the PWFA. An “undue hardship” is an action that requires significant difficulty or expense on the part of the employer. An undue hardship is an affirmative defense raised by an employer to avoid a claim that the employer failed to properly provide reasonable accommodation. To establish an undue hardship, an employer bears a heavy burden of proof. Some factors used to analyze whether the requested accommodation amounts to an undue hardship may include, but are not limited to, (1) the nature and cost of the needed accommodations; (2) the employer’s financial resources; (3) the overall size of the business; and (4) the effect on expenses and resources of the accommodation on the employer.

An employer must provide written notice to employees of their rights under the PWFA no later than April 1, 2018. The notice must be given to (1) new employees; and (2) an employee who notifies the employer of a pregnancy or a pregnancy-related condition, not more than 10 days after notification. Handbooks should be amended to provide employees notice of their PWFA rights.

To comply with the PWFA and to avoid a charge of discrimination, the employer should be aware of its duties under the PWFA and apply the PWFA in a common-sense manner. n

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APRIL, 2018

AG Healey Opens Fourth Annual Grant Application Period for Healthy Summer Youth Jobs

A

Program Funds Summer Jobs in Health, Fitness, and Health Care in Communities Across the State

ttorney General Maura Healey has opened the fourth annual application period for grant funding for summer jobs for youth across Massachusetts.

The Healthy Summer Youth Jobs Grant Program will use settlement funds from the AG’s Office to fund jobs aimed at providing young people with opportunities for employment that will impact public health this summer.

“This program funds much-needed summer jobs for young people looking to make a positive impact on their communities,” said AG Healey. “We are pleased to continue providing these grants to help improve the health and well-being of people across the state.”

Through this program, young people throughout the state will be able to advance public health in their communities by providing health promotion and disease prevention interventions that address factors identified by the Centers for Disease Control. These factors include behaviors that contribute to the leading causes of death and disability among youth and adults, including unintentional injuries and violence, tobacco use, unhealthy dietary behaviors, and inadequate physical activity.

Examples of healthy summer youth jobs that could receive funding may include, but are not limited to:

•

Working as a coach, team leader, or mentor for a preexisting health/fitness activity for youth; • Working at a community health center; • Collaborating on a public health or a health-related environmental justice project; • Assisting with a sports or physical fitness program designed for youth; • Working as a teacher or teacher’s assistant for an exercise or physical fitness class outside of regular school programming for youth and/or senior citizens; • Activities that directly address access to health care and/or the management/prevention of chronic diseases among youth.

The AG’s Office will issue grants to municipalities, other agencies and nonprofits within the state. Through this program, the AG’s Office has funded more than 650 summer jobs for youth across the state.

Grant awards will fund youth employment from July 9, 2018 and through Aug. 31, 2018. Interested applicants can visit the AG’s website for more information and for application instructions. Applications must be received by 5 p.m. on Friday, April 20, 2018. n

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OCTOBER, 2017

Study: Break Rates for Almost Half of U.S. Water Mains Up More Than 40 Percent in Six Years Logan—Utah State University’s (USU) Buried Structures Laboratory has published a second comprehensive study on break rates of the most commonly used water pipe materials titled, “Water Main Break Rates In the USA and Canada: A Comprehensive Study.” The Buried Structures Laboratory has a large-scale testing facility for pipes and underground structures. USU is also home to the Utah Water Research Laboratory (UWRL), which has been a world leader in environmental research and water policy for over 50 years. UWRL is the oldest university-based water research facility in the U.S.

D

r. Steven Folkman, co-author of Buried Pipe Design and author of a 2012 USU water main break report, has completed a new pipe materials survey in which over 300 utilities responded, representing approximately 200,000 miles of installed water mains. The 2018 study was able to get respondents from 48 states in the U.S. and 7 out of 10 provinces in Canada, representing a 49 percent increase in survey responses and 45 percent more miles of pipe compared to the 2012 study, increasing its statistical validity. Utilities that provided data serve a population of over 52 million people, representing 14.5 percent of the total population of the U.S. and Canada. The survey recorded 23,803 pipe failures that needed repairs, which is a significant basis for break data. This is one of the largest surveys conducted on water main breaks and the results give an accurate representation of water pipe condition and operation in North America. The report can assist in revising pipe service life assumptions used in the past.

Water main break rates are an important calculation to assess pipe performance and durability, and are the most critical metric used in water infrastructure asset management as well as pipe repair and replacement decision-making. “This report provides greater insight into the drivers of the aging water infrastructure crisis and offers data which utilities can use to benchmark pipe material performance. It will be a valuable asset management planning tool for water utilities,” says Dr. Folkman.

Overall, break rates have increased 27 percent in the past six years. Utilities should be concerned that break rates for cast iron (CI) and asbestos cement (AC) pipes, which together represent almost half of the installed water mains in North America,

APRIL, 2018

have increased 46 percent and 43 percent, respectively, since 2012. Together, CI and AC pipes are mostly responsible for the spike in pipe failures. CI and AC pipes are no longer manufactured and are now reaching the end of their expected lives.

The study also discusses how water main failure rates for CI and AC pipes could increase exponentially over time. “One could envision a rapid increase in break rates in the near future for cast iron and asbestos cement pipes. Utilities across the country would need to rapidly accelerate their pipe replacement schedules to avoid potentially serious economic and social impacts. If a break rate doubles, the economic impact is significant: one would need to double the number of personnel repairing failures along with supplies and materials while loss of treated water increases. Societal impacts would be devastating if the break rates reached exponential levels,” says Dr. Folkman.

A critical new finding is that smaller municipal continued on page 49

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Study continued from page 47

historical preference versus comparative cost analysis or environmental conditions; • Since 2012, the percentage of installed water mains which are beyond their useful lives has doubled from 8 percent to 16 percent; • Cast iron (CI) pipes represent the largest pipe material inventory and 82 percent of all CI pipes are over 50 years old; • Construction-related failures were equivalent for both PVC and ductile iron pipes, pointing to the need to improve construction practices for underground infrastructure regarding installation, location services and inspection; • Conservation benchmarks include a national Boston drop inArea average supply pressure to 69 psi (from Locations continued on page 50

utilities have twice the water main break rates as larger utilities. “With less revenue and resources, smaller municipalities will need to use the most cost-effective and durable pipe materials available to address pipe renewal and rehabilitation requirements. Larger municipal utilities, however, are not faring much better, since the rate at which they are replacing the pipes that are now beyond their useful lives is inadequate,” says Folkman.

According to the survey, an average of 0.8 percent of installed pipe is replaced each year across the country. This equates to a 125-year national pipe replacement schedule. Pipe replacement rates should be between 1 percent and 1.6 percent, equivalent to 100-year and 60-year replacement schedules, respectively. In general, pipe re2 Dexter Street placement rates need to increase.

Everett, MA 02149 Boston Area Boston Area A reconfirmed major finding Locations Locations is that polyvinyl chloride (PVC) 431 Second Street pipe has the lowest overall break Everett, MA 02149 2 Dexter Street 2 Dexter Street rate when compared to cast iron,

Everett, MA 02149 Everett, MA 02149 ductile iron, concrete, steel and asbestos cement pipes. PVC was 431 Second Street 431 Second Street also the pipe material with the lowEverett, MA 02149 Everett, MA 02149 est break rate in USU’s 2012 study.

BOSTON AREA LOCATIONS

Corrosion can be a major 2 Dexter Street 431 Second Street cause of water main breaks with Everett, MA 02149 Everett, MA 02149 75 percent of all utilities reporting corrosive soil conditions. This study has shown that cast iron pipe in a high corrosion soil has over 20 times the break rate than one in a low corrosion environment. Similarly, ductile iron pipe in a high corrosion soil has over 10 times the break rate than one in a low corrosion soil.

Minichiello Bros./Scrap-It, Inc., Other national benchmark Minichiello Bros./Scrap-It, Inc. findings include: Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, buyers, sellers, and processors of scrap metal.

Forour overgoal 60 years goal of scrap metal. For over 60 years has our remained • Nationwide, one mile sellers of in- and processors remained the same - to in provide the best along prices in thetop industry along with the308 same - tohas provide the best prices the industry with notch stalled water main serves top notch service!

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Callcustomer Fred Rogers at Call 617-595-5505 people; Minichiello Bros./Scrap-It, Inc.,

• 85 percent of water pipes are Minichiello Bros./Scrap-It, Inc., less than 12 inches inServes diameter; over 2500 customers a week and is one New England's largest buyers, sellers and processors of scrap metal.

For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers • The percentage of water the same - to provide the best prices in theof industry along with top notch sellers and processors scrap metal.

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Study continued from page 49

•

•

77 psi in 2012), which is well below the maximum operating pressure of water mains, extending pipe life as well as reducing leaks and breaks; Average daily gallons per day per person is 137, which suggests successful water conservation efforts across the country; Estimated average water loss due to leakage is 10 percent, showing that pressure reduction, leak detection and pipe replacement have contributed to reducing water loss in water distribution systems.

This comprehensive study contributes to the continuing efforts of the EPA’s Aging Water Infrastructure (AWI) research, Virginia Tech’s Sustainable Water Infrastructure Management (SWIM) Program, the U.S. Conference of Mayors’ Water Council and the asset management and water infrastructure condition assessment efforts of the American Water Works Association (AWWA) and American Society of Civil Engineers (ASCE). n

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UCANE Seminars Held on Asbestos-Cement Pipe and Competent Person/Confined Space Entry February and March were busy months at UCANE, and members proved once again that safety is their top priority, as large numbers of their employees attended UCANE safety seminars on Asbestos-Cement Pipe and Competent Person/Confined Space Standards.

Asbestos-Cement pipe cutting demonstration done by ATS Equipment, Inc.

O

ur “8-Hour OSHA Class II Asbestos Training: Asbestos-Cement Pipe (ACP) Worker Safety” seminar was held at The Irish Cultural Center in Canton, MA. This class was presented by Greg Morsch of ATC Group Services and covered important topics such as the identification and recognition of asbestos related materials, the potential devastating health affects related to asbestos exposure, federal and state regulations, safe work practices, respiratory protection, and waste handling procedures.

There was also a tool demonstration done by ATS Equipment, Inc. The course is certified by MassDEP and is a “must attend” for any employee who may come in contact with asbestos pipe on a jobsite. Once completed, employees are presented with a certificate valid for five years.

Our Competent Person/Confined Space Entry seminar was once again conducted by veteran safety trainer John Barrasso at The Lantana in Randolph MA, in front of another large

APRIL, 2018

crowd of UCANE members and their employees.

Trained by OSHA, John only does this training for UCANE and has been for over 30 years. John’s forte is in excavation safety, confined space entry, and training employees to become Competent Persons as defined by OSHA. John’s knowledge of the OSHA standards is matched only by his experience with real on-site construction challenges faced by utility contractors. His 20 years as a construction superintendent/manager for one of New England’s largest heavy civil and pipe contractors allows John to communicate with his UCANE audience on a special level.

The comprehensive full-day seminar covered all current OSHA Standards and best practices for CFR 1926 Excavation, SubPart P. How to test for and identify soil types, selection of shoring equipment, recordkeeping, and the responsibilities that come with being a “Competent continued on page 53

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00 51

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APRIL, 2018

Seminars continued from page 51 Person” were reviewed through discussion and video presentations. New OSHA regulations regarding constant monitoring of confined spaces, and changes to rescue team requirements were discussed along with the multitude of existing OSHA rules that govern employees working in a confined space.

John’s presentation also highlighted OSHA’s jobsite silica standards. The need for job-specific

“Dust Control Plans” and the role of the competent person in monitoring compliance with those plans is a point of emphasis for OSHA in 2018.

As the 2018 construction season gets underway, UCANE members who were unable to attend these training sessions should call the UCANE the office or keep a lookout on our website www.ucane. com, as additional classes may be added based on demand. n

John Barrasso conducts Competent Person & Confined Space Standards Seminar

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_______________________________

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2018 N-B-M EQUIPMENT SHOW

__________E-Mail____________________________

WEDNESDAY, MAY 2, 2018

Booth size is 15’ x 20 ‘ 9:30 a.m. - 2:00 p.m.

No. of Booths Requested ________ (Rain Date: May 9, 2018) Member Price: 1st Booth $400 ________ WELLESLEY ional Member Booths $350 ________PUBLIC WORKS ROUTE ember Booth Cost $525 9 - WELLESLEY ________ HILLS, MA 02481 Tickets @ $30.00 _______# $________ At this show weTickets will be providing our members with the latest lines of

equipment, newest construction practices, and supplies.

$_______________ Name: ______________________________________________________ Chairs and display tables are the responsibility Company: ___________________________________________________ of the exhibitor.

Address: ____________________________________________________ onate a raffle prize, please list the Phone: ______________ Email: _________________________________ ________________________ be a food sponsor, please enter the amount Booth Size is 15’ x 20’ sh to donate $________ of Booths Requested: ______ e included in our event sponsor No. banner _____$200.00 nations will be recognized NBM at theMember show. Price 1st Booth: $400 ______ Additional Member Booths: $350 ______ e make check payable and remit with application

Non-Member Booth Cost: $525 ______

to: NBM Highway Association Luncheon Tickets @ $30.00: No. of Tickets:______ $_______

PO Box 547

Norwood, MA 02062 AMOUNT DUE: $___________ e questions,(Please pleasenote: call NBM Chairs508-528-NBM0(6260) and display tables are the responsibility of the exhibitor.) or If you wish to donate a raffle prize, please list the item: Marc Valenti 781-274-8350 rvations will___________________________________________________________ be honored upon payment.

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Brian MacFee, Systems Support Corporation

Time to Upgrade from Windows 7 to Windows 10 Like most businesses out there, you have probably resisted the move to Windows 10. It looks different, there is an expense to do it, and it doesn’t seem to do anything better than Windows 7 did. Most of these statements were true enough when Windows 10 first came out, but a lot has changed in the past couple of years, making Windows 10 a more compelling upgrade.

F

Why Upgrade?

irst, Windows 7 will lose support from Microsoft in January of 2020. That may seem far away, but you don’t want to be upgrading at the last minute and then finding issues regarding the upgrade and no time to deal with them. By taking your time and trying it out, you can discover and remediate any issues before Microsoft drops support.

When Microsoft drops support for a system, they no longer issue updates for that system. Usually those updates are plugging “holes” in the system that could lead to breaches in your data. If a new hole is discovered, Microsoft will not release an update to fix it after the support expiration date, and you run a significant risk of getting compromised through that vulnerability.

Better Security. Windows 10 has much better

security under the hood, such that a lot of Viruses and Malware that could cripple a Windows 7 machine won’t affect a Windows 10 machine. Unfortunately, Ransomware can still strike a Windows 10 machine, but some near future upgrades to Windows 10 may reduce the exposure to Ransomware. You still need a good antivirus program on your Windows 10 system, though.

Better Cloud Integration. Windows 10 has many features that work very well with Cloud Apps, especially Office 365. Microsoft has made it very APRIL, 2018

clear that the future is in the cloud whether we like it or not.

Minimizing the Pain of Upgrading Since Windows 10 has been out for a couple of years now, many of the issues have been resolved, i.e. hardware compatibility, look and feel, and performance.

• Most vendors have Windows 10 drivers for just about everything.

• Microsoft has improved the Start button menus, and you can download a free 3rd party program called ClassicShell that will make it look and run like Windows 7. continued on page 59

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57

Untitled-6 1

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APRIL, 2018

Technology in Const. continued from page 57 • The initial performance bugs are worked out and Windows 10 is now a mature, stable Windows.

Upgrade or Replace?

Manufacturer & Installer of Bituminous Concrete Products:

If your system is older than 3 years, replace it, unless it was a top of the line CAD system. If it is a regular office system, replacing it will only cost a little more than upgrading, and you will have spent your money on new equipment, whereas if you upgrade you will still have an older system when you are done.

Burke Wicked HD If it is less than 3 years old, your system probably was sold to you with a license for Windows 10, even if it came with Windows 7. You can tell if there is a dark colored windows sticker on your computer that just says Windows, instead of an oblong Windows 7 sticker. If you have the dark color square sticker, you already have the license. Now just google Windows 10 operating system download, and download the software.

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2:18 PM

Page 1

WICKED HEAVY-DUTY

Before you Upgrade As with any upgrade to your system, always make sure you have a successful COMPLETE backup of your entire computer.

Windows 10 upgrade does have a “go back” feature, but it is no guarantee of a successful return.

Do one computer to start, try it out for a few weeks before you do the rest. If you run any software specific to your industry or any custom apps, verify that there will be no issues if you upgrade to Windows 10. There are still a few holdouts out there.

Like it or not, over the next year or so, you will have to upgrade to Windows 10. Better to start now on your terms before time gets tight and you risk having a show-stopping event.

I encourage you to plan the process with your IT staff or Service Providers. n APRIL, 2018

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

59

UCANE’s Seventh Annual Trade Show

T

he word “Success” definitely captures the sense of UCANE’s 7th Annual Trade Show held on March 27, with more than 375 members and guests in attendance. Again this year, our event which was sponsored

by Woodco Machinery, Inc., was held at the Sheraton Four Points Hotel in Norwood, MA prior to our Forecast Dinner Meeting, with the primary goal of supporting our Associate Members who advertise in Construction Outlook magazine.

It was a perfect opportunity for the 49 companies who reserved booths to meet with underground utility company owners, estimators, foremen, and their key employees who were in attendance.

Contractors are drawn to this meeting to hear our guest speakers from the MassDEP, MWRA, and BWSC present their forecasts for water and sewer projects for the upcoming construction season and beyond; and to support our associate members who generously support UCANE in so many ways throughout the year, including advertising in our monthly magazine.

To exhibitors, it is a great opportunity to showcase their products and services prior to the evening’s pre-

60

sentations. This format has proven to be very successful for the exhibitors, who are provided with a complimentary booth. The feedback from the participants was overwhelmingly positive as many called or emailed our office that they intend to participate next year.

Those who attended our Trade Show received promotional items from our vendors, and some who were very lucky, received one of the great prizes donated by trade show exhibitors. The prizes included two Red Sox Opening Day tickets, courtesy of Taylor Oil Company; three $100 American Express gift cards from Core & Main; a Bose Bluetooth speaker donated by Rain for Rent - New England; a pair of Red Sox tickets and a 1-inch Makita AVT Rotary Hammer Drill courtesy of HD Supply White Cap/A. H. Harris; two $100 Capital Grille gift cards and two pair of Red Sox tickets from Shea Concrete Products; an iPad Mini from Scituate Concrete Products, Inc.; four Bruins tickets for Game 2 of the opening playoff round from Concrete Systems, Inc.; a $200 gift card from Milton CAT; a pair of Red Sox tickets from Eastern States Insurance Agency, Inc; and a Ring Video Doorbell, an Apple iPad, a Sonos Speaker System, a gift basket of 10 fine wines, and a 40-inch Samsung Smart TV all donated by Volvo.

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

APRIL, 2018

UCANE’s Trade Show is our way of thanking our Construction Outlook advertisers for their support. They make it possible for us to continue to publish our nationally recognized magazine; and to get our industry’s message about the need for clean drinking water and pollution control projects out to cities and towns, DPW directors, state agency heads, legislators, and many companies and groups in the water protection, management, and environmental communities. Construction Outlook magazine is a vehicle for companies to create name recognition and have their latest products and services seen by many contractors and municipal decision makers. In addition, our advertisers are featured on a rotating basis in our monthly e-newsletter, and on our website at no additional cost to them. It’s obvious by their continued support that the most successful companies in our industry understand that our magazine helps to grow and expand their businesses.

If your company would like to participate in UCANE’s 8th Annual Trade Show next year, please contact Suzanne at the UCANE office (617-471-9955) for Construction Outlook magazine advertising opportunities. n

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Thank You to All of Our Trade Show Participants ATS Equipment, Inc. Allied Bolt & Screw Corp.

American Shoring Inc. AQUAREHAB USA Inc. B2W Software, Inc. C & S Insurance Agency Concrete Systems, Inc. Core & Main EJ Eastern States Insurance Agency, Inc. Equipment4Rent Ferguson Waterworks Gorilla Hydraulic Breakers HD Supply Const. & Industrial AH Harris /White Cap Industrial Safety & Rescue Leica Geosystems Lorusso Heavy Equipment, LLC MBO Precast, Inc. Mabey, Inc. MiltonCAT

North East Shoring Equipment, LLC Northland JCB Ocean State Oil E. J. Prescott, Inc. Putnam Pipe Corp.

Rain For Rent – New England Ritchie Brothers Auctioneer Rodman Ford Sales, Inc. Scituate Concrete Products Corp.

Scrap-It, Inc. Shea Concrete Products, Inc. Starkweather & Shepley Ins. Brokerage, Inc. StormTrap, LLC Systems Support Corporation Taylor Oil Company Tonry Insurance Group, Inc. Triumph Modular United Concrete Products, Inc. United Rentals Trench Safety C. N. Wood Company, Inc. Woodco Machinery, Inc.

(See article on page 14 for additional Trade Show photos.)

APRIL, 2018

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APRIL, 2018

Keys to Small-Business Longevity Everyone who starts or leads a business dreams of passing it along to the next generation. But few are successful in making it happen. Every year, countless businesses and organizations fail. Long-term success takes more than hard work and a little luck. Leaders and entrepreneurs who achieve exceptional business longevity share seven business practices that move them to long-term success.

They think differently. They operate differently. And they lead differently.

1

Engage in Ongoing Planning with a Realistic Vision Successful executives and entrepreneurs are prepared to perform beyond the startup mode. They continually rewrite their initial business plan to explore new opportunities and seek ideas to enhance operations and profitability. They are disciplined in writing down their plans, reviewing them, and sharing with their key employees and advisors. They know ongoing planning keeps them focused and helps to formally evaluate what is working and what needs changing.

2

Establish a Realistic Vision for the Future Lasting business leaders also match their vision to their abilities. They leverage one success into another rather than rapidly making huge leaps beyond their capabilities. Those who don’t have a realistic vision risk everything because they reach too high before their cash, talent or operational capability is prepared for it. Enduring leaders actively and effectively manage their transitions and hire talent to match their future needs. Their success is sustainable because they build it on a viable foundation based in reality, not on wishful thinking.

3

Implement Sound Fiscal Management Fiscal discipline is fundamental to long-term

APRIL, 2018

business success. Yet few leaders have the self-discipline to manage their cash flow for the inevitable peaks and valleys. They respond to immediate pressures and spend money they don’t have. Too many leaders spend money on the flash and glitz, trying to impress people. They never prepare for the future because they’re focused on living in the moment. Some make ill-advised decisions that create financial crises rather than making prudent commitments they can realistically handle. Successful leaders of enduring enterprises focus on building real net worth by being masters at financial discipline and tightly controlling what they spend.

4

Adapt to Changing Circumstances Markets change, and technology advances.

Those who are successful over the long-term understand and adapt to change. They invest in people and technology to enhance productivity. They stay on top of competitors and respond as necessary. By continually adapting, they are able to recognize trends that may fundamentally transform their industries. Enduring leaders create enterprises that last well beyond their tenure, always looking ahead to identify tools, continued on page 67

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7 Keys continued from page 65 resources, ideas and technology that can enhance their organization.

5

on their promises. Clients, vendors and employees can count on them. These enterprises demonstrate a consistency of product and service quality that can be trusted over time. A reputation for dependability is often a real predictor of long-term enterprise success.

6

Build Substance Into the Enterprise Businesses have come and gone over the decades. Some succeeded brilliantly, but most failed to meet the expectations hyped by their founders and owners. The primary reason is lack of substance; most of what was promoted was smoke and mirrors.

Sustainable enterprises have substance. They deliver

Aon Risk Solutions Construction Services Group

Managing Risk Takes More Than Machinery

Control Growth Those who survive over the long haul carefully and deliberately manage the size and growth of their business. Those who focus on growth ensure they have adequate finances, equipment and staff to meet their evolving needs. Those who maintain a smaller size often find they can better manage overhead and fixed costs.

Maintenance-oriented enterprises may even make more money and have less stress than their growthoriented peers. In either case, the most successful business owners effectively manage their appetite for risk and keep business scope within their comfort zone.

As the leading provider of risk solutions to the construction industry, Aon Construction Services Group partners with clients to provide insighful analysis, strategic direction and creative solutions backed by our dedicated team of construction experts and the strength of Aon’s global network.

Let Aon Construction Services Group empower your growth, profit and continuity. aon.com/construction Kevin White, CEO 617.457.7717 Kevin.White@aon.com

Brian Driscoll, Managing Director 617.457.7668 brian.driscoll@aon.com

Paul Healy, National Contract Surety 617.457.7719 paul.healy@aon.com

Mark Herendeen, Surety 617.457.7715 mark.herendeen@aon.com

Michael Scott, Insurance 617.457.7699

Mark Toglia, Wrap-Up 617.457.7727 mark.toglia@aon.com

Risk. Reinsurance. Human Resources.

APRIL, 2018

7

Maintain Motivation Staying motivated is tough in any business. Once the day-to-day activities begin to become routine, most people lose their enthusiasm.

Even harder is dealing with the real stress of leadership. Leaders of enduring enterprises motivate themselves and their employees by continuing to look for new opportunities to better meet customer needs.

This provides an atmosphere of innovation and success measured in revenue, customer satisfaction and employee retention.

Leaders who enjoy enduring business success have learned to constantly adapt. They respond to competitive pressures by finding ways to meet evolving customer needs. The secret to long-term success is doing things with discipline and excellence. Are you ready to become a leader of an enduring enterprise? If so, what is the first strategy you need to implement?

About the Author: Jill Johnson is a speaker, author and president and founder of Johnson Consulting Services. Reach her at www. jcs-usa.com. n

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Excavation Safety Tips If You Suspect a Natural Gas Leak Recognizing Gas Leaks

If you’re like most people, you’ve learned to rely on your sense of smell to detect a natural gas leak.

In and around your home, that distinctive, sulfur-like odor is in fact a sure sign that natural gas is leaking from an appliance or pipe. But odor is not the only sign, especially on the job site. And in some cases, natural gas leaks don’t smell at all.

National Grid adds the odorant mercaptan to natural gas. This odor, which is similar to sulfur or rotten eggs, helps most people smell a leak. But in some cases, the odor of natural gas can be masked by other smells, or the gas can be stripped of its odor.

This is known as “odor fade.”

So be sure to not only rely on your nose, but your eyes and ears as well to detect the warning signs of a gas leak. Be alert for hissing, whistling, or roaring sounds; dirt blowing into the air from a hole in the ground; continuous bubbling in water; or a damaged connection to a gas appliance.

Respond Safely to a Natural Gas Emergency

call National Grid.

5. Report the incident to your supervisor.

There’s No Such Thing as Minor Damage Even a slight gouge, scrape, or dent in a pipeline or its coating may cause a catastrophic break or leak in the future. Cutting or damaging a wire attached to or running alongside the pipe may make it impossible to locate. Report ALL gas line contacts to National Grid so crews can inspect the line and make necessary repairs.

Would You Like to Know More?

Additional overhead and digging guidelines, case studies, instructional videos and training tools can all be found, at no charge to you, on National Grid’s eSMARTworkers website.

For more contractor safety information, visit ngridsafety.com.

Courtesy of National Grid n

If you hit a gas pipeline or suspect a gas leak, protect yourself, your coworkers and the public by taking the following steps: 1. Leave your equipment behind. Warn others of the danger, and leave the area quickly.

Stay away until utility personnel say it is safe to return.

2. Do not use matches, lighters or anything electrical even a phone. A spark could ignite the gas.

3. Do not operate underground pipeline valves or attempt to stop the flow of gas.

Never bury a contacted pipeline.

4. From a safe location, call 911, and then

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Why Operator Awareness is the Best Means of Accident Prevention Technology can help, but it shouldn’t be relied on all the time Despite having worked in equipment safety publications for four years now, I marvel at how much I still don't know. However, one thing I have learned is that OEM product safety professionals are passionate about "getting it right."

While there are many facets of product safety to consider, one I consistently hear about is the importance of designing in safety and designing out risks. For those risks that can’t be designed out, though, OEMs use shields, guards, alarms and warning symbols to protect operators from harm.

The Human Factor

This leads me to the subject of technology.

Several articles I've read lately emphasize technology as being key to building safer machines. Advanced warning systems use proximity detectors, while sensors and cameras deliver a safer future with smarter equipment. Maybe someday the equipment's artificial intelligence could prevent all foreseeable accidents. But it leads me to wonder: • How much technology can be added before it begins to overwhelm the operator's ability to respond?

• Can an operator effectively maneuver his or her machine without sensory overload?

• And if not, will operators ignore safety communications intended to alert him or her?

Workers often share their workspace with machines. Safety awareness, while always important, becomes paramount when the equipment begins moving large amounts of dirt or lifting heavy objects.

Operators should rely on their training, hand signals and certainly the equipment’s safety systems, but can they still suffer from sensory overload and distraction? After all, equipment operators are human.

They deal with physical and mental stress, fatigue and the pressure to meet deadlines. Even the best technology available will not eliminate those issues.

The key to ensuring safe operation of big equipment is an operator’s commitment to safety. Not only does he or she need adequate training, the operator needs to consistently participate in behavioral-based continued on page 72

APRIL, 2018

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71

Safety Corner continued from page 71

ucts, including safety manuals and videos, with major equipment types covering aerial, agriculture, compact/ portable, earthmoving, forestry, lifting, road paving and utility excavation applications.

This article originally appeared in the AEM Advisor. Jaime Vos is the safety materials manager for the Association of Equipment Manufacturers. n

safety training programs, engage in toolbox talks and help cultivate a culture of safety awareness within his or her organization.

Recently, I’ve noticed several postings on social media that focus on changing people’s attitudes toward safety. Construction workers proudly display laminated photos of their families on their safety vests. One worker arrives on the job site wearMBO Precast Inc. ing his daughter’s pink backpack as 4 Marion Drive • Carver, MA 02330 a reminder to start the day safe.

T: 508-866-6900 • F: 508-866-5252 The message is strong: Gowww.MBOPrecast.com ing home safely to your loved ones should be everyone’s goal. However, Stone Strong Retaining Wall Systems that goal can only be achieved if Manholes / Catch Basins / Custom Structures workers make a concerted effort to commit to a safety program. It's imSeptic Tanks / Leaching Products portant to remember that, while product engineers work hard to design out hazards, the equipment operator’s safety awareness is the greatest protection against accidents.

The Association of Equipment Manufacturers supports safety awareness year-round by offering an extensive array of safety prod-

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IN THIS ISSUE • • • • • • • •

John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

Patience is Prudent Know Your True Tax Rate Rethinking Retirement Contributions Regard Roth Conversions Carefully Are State and Local Taxes Reasons for Relocation?

Positive Prognosis for Medical Deductions Home Equity Hassle New Tax Deduction for Pass-Through Entities

T

Patience is Prudent

he Tax Cuts and Jobs Act (TCJA) of 2017, passed at year end, has been called the most extensive tax legislation in more than 30 years. It’s certainly far reaching, covering individual income taxes, business income taxes, and estate taxes. The new law has many tax saving opportunities as well as possible pitfalls.

Trying to grasp everything in the TCJA can be overwhelming. Therefore, it’s best not to panic; don’t rush into tax motivated actions just because of gossip or opinions you hear. There’s no need to act rashly this early in the year.

That said, it is important to understand what’s in the TCJA and what it might mean to you. Consider this issue of Financial Management as a place to start. You’ll find explanations of some key portions of

the law as well as tax planning ideas.

One issue is not sufficient to cover the new law, so we’ll keep you posted throughout the year as uncertainties are addressed and new strategies emerge. Of course, if you have questions about the TCJA and possible planning tactics, please call your accountant for a personalized response. continued on page 75

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Financial Management continued from page 73

I

Know Your True Tax Rate

t has been widely reported that the TCJA lowers federal income tax rates for many people. The highest tax rate, for example, has fallen from 39.6% to 37%.

Many people who are in lower brackets also stand to benefit.

Example 1: Alice Young had $100,000 of taxable income in 2017. As a single filer, Alice was in the 28% tax bracket.

If Alice has that same $100,000 in taxable income in 2018, she will be in a 24% bracket. Indeed, Alice could add as much as $57,500 in taxable income this year and maintain her lower 24% tax rate.

Not for Everyone

Trusted Advice Retirement Rules • Participants in 401(k) and similar employer sponsored retirement plans can contribute up to $18,500 this year, or $24,500 if they’ve reached age 50.

• If your company’s 401(k) plan offers a designated Roth account, contributions to the plan can be divided in any manner you choose between a pre-tax account and a designated Roth account, but the total can’t exceed the $18,500 or $24,500 ceilings.

• Any employer match usually goes into the traditional 401(k), even if the contribution is to the Roth version, so income tax on the matching money is deferred.

However, there are some quirks in the new tax rates. Some people actually face higher rates.

Example 2: Brad Walker had $220,000 of taxable income in 2017, which put him in a 33% tax bracket. With the same income in 2018, Brad will face a 35% tax rate.

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Financial Management continued from page 75

Rethinking Retirement Contributions

T

he TCJA generally lowered federal income tax rates, with some exceptions. Among the ways in which lower rates impact tax planning, they make unmatched contributions to traditional employer retirement plans less attractive.

Example 1: Chet Taylor has around $100,000 in taxable income a year. Chet contributed $12,000 to his company’s traditional 401(k) in 2017, reducing his taxable income. He was in the 28% tax bracket last year, so his federal tax savings were $3,360 (28% of $12,000). An identical contribution this year will save Chet only $2,880, because the same income would put him in a lower 24% bracket.

Not everyone will be in this situation.

Example 2: Denise Sawyer has around $200,000 taxable income a year. Denise contributed $12,000 to her company’s traditional 401(k) in 2017, reducing her taxable income. She was in the 33% tax bracket last year, so her federal tax savings were $3,960 (33% of $12,000). An identical contribution this year will save

her $4,200 because the same income would put her in a higher 35% bracket.

Planning Pointers Considering the changes in tax rates, participants in employer sponsored retirement plans should review their contribution plans. If your company offers a match, be sure to contribute at least enough to get the full amount. Otherwise, you’re giving up a portion of your compensation package.

Beyond that level, decide whether you wish to make unmatched tax-deferred contributions to your traditional 401(k) or similar plans. The value here is tax deferral and the ability to compound potential investment earnings without paying current income tax. Deferring tax at, say, 12%, 22%, or 24% in 2018 will be less desirable than similar deferrals were last year, when tax rates were 15%, 25%, or 28%.

On the Roth Side If you decide to cut back on tax-deferred salary contributions, spending the increased current income continued on page 77

Don’t dig yourself into trouble...

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

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

• In Vermont, notify Dig Safe® at least 48 hours in advance - not including weekends and holidays.

• Notify non-member facility owners.

• Maintain the marks placed by underground facility owners.

Call

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

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Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged.

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Financial Management continued from page 76 won’t help you plan for your future retirement. Other savings tactics may be appealing.

For instance, your employer might offer a designated Roth account in its 401(k) plan. These accounts offer no upfront tax benefit because they’re funded with after-tax dollars. The advantage is all withdrawals, including distributions of investment income, will avoid income tax after age 591⁄2, if you have had the Roth account for at least five years. (Other conditions can also qualify distributions from a Roth account for full tax avoidance.)

Generally, the lower your current tax bracket and the higher your expected tax bracket in retirement, the more attractive Roth contributions can be.

Example 3: Ed Roberts, age 30, expects his taxable income (after deductions) to be around $50,000 this year, putting him in the 22% tax bracket.

Ed hopes to have a successful career, so he might face a higher tax rate on distributions in the future.

Therefore, Ed contributes $6,000 ($500 a month) to his company’s traditional 401(k) to get some current tax relief, and $6,000 to the Roth 401(k) for tax free distributions after age 591⁄2.

Some advisers suggest going into retirement with funds in a regular taxable account, funds in a tax-deferred traditional retirement account, and funds in a potentially tax-free Roth account. Then, you may have considerable flexibility in choosing tax-efficient ways to draw down retirement cash flow.

Other Options What if Ed’s employer’s 401(k) plan does not offer designated Roth accounts? A possible solution for Ed would be to contribute to a Roth IRA instead. In 2018, he can contribute up to $5,500 ($6,500 for those 50 and older). Roth IRAs also offer completely tax-free distributions after five years and age 591⁄2.

Example 4: Assume that Ed’s employer will match up to $4,500 of his 401(k) this year and that Ed plans to save $12,000 for his retirement. Ed could contribute $5,500 to a Roth IRA and $6,500 to his traditional 401(k).

With higher incomes ($120,000 or more of modified adjusted gross income for single filers in 2018, $189,000 for couples filing jointly), Roth IRA contributions are limited or prohibited. People facing this barrier may be able to fund a nondeductible traditional IRA, up to $5,500 or $6,500 this year, then convert those dollars to a Roth IRA with little or no tax at this year’s tax rates. (IRA contributions for 2017, with slightly different income limits, are pos-

APRIL, 2018

sible until April 17, 2018.)

Ultimately, the choice between traditional and Roth retirement accounts will largely depend on expectations of future tax rates. Deferring tax in a traditional plan this year and saving 24% in tax may not turn out to be a good deal if future withdrawals are taxed at 28%, 30%, or 35%. The fact that the TCJA rates are among the Act’s provisions that are due to sunset in 2026, reverting to 2017 rates, may tilt the scales a bit towards the Roth side, where distributions eventually may escape tax altogether. continued on page 79

Did You Know?

I

n 1913, when the 16th Amendment instituted the federal income tax, the form and directions fit on four pages. The top tax rate was 7%. Since then, the peak rate has been as high as 94% in 1944 and as low as 28% from 1988–1990.

Source: Bradford Tax Institute

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Financial Management continued from page 77

T

Regard Roth Conversions Carefully

he article “Rethinking Retirement Contributions” explains why the new TCJA devalues putting money into traditional tax-deferred plans and favors Roth versions. Does the same reasoning apply to conversions from Roth to traditional accounts? From a tax viewpoint, the answer may be yes, but other factors indicate you should be cautious about such moves.

Example 1: Fred and Glenda Polk would have had $220,000 in taxable income in 2017 without contributing to their employers’ traditional 401(k) plans.

However, they contributed a total of $40,000 to the plan, bringing their income down to $180,000. The couple was in the 28% bracket last year, so the income deferral saved a total of $11,200 in tax: 28% times $40,000.

Assume they kept their $11,200 of tax savings in the bank. If their employers have a 401(k) plan that offers designated Roth accounts, they could convert

the $40,000 they contributed in 2017 to the Roth side if the plans allow such moves. Alternatively, depending on the plan terms and the Polks’ circumstances, they might be able to rollover the $40,000 to a Roth IRA. Yet another possibility, the Polks might leave the $40,000 in their 401(k)s but convert $40,000 of pretax money in their traditional IRAs to Roth IRAs. With any of these strategies, the couple would generate a $9,600 tax bill (24% of $40,000) on the Roth conversion, because their joint income falls into the 24% tax bracket in 2018, in this example. The Polks could pay that $9,600 from their $11,200 of tax savings in 2017 and wind up ahead by $1,600.

Therefore, people who move into a lower tax bracket this year might be able to come out ahead with Roth conversions of income that had been deferred at a higher tax rate. Going forward, the money transferred to the Roth side may generate tax free rather than taxable distributions.

One-Way Street Nevertheless, there are reasons to be cautious continued on page 80

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Financial Management continued from page 79 about Roth conversions now. For instance, U.S. stocks are trading at lofty levels. Roth conversions could be highly taxed at today’s equity values.

Example 2: Heidi Morris has $300,000 in her traditional IRA, all of which is pre-tax. Investing heavily in stocks, Heidi has seen her contributions grow sharply over the years. With an estimated $100,000 in taxable income this year, Heidi calculates she can convert $50,000 of her traditional IRA to a Roth IRA in 2018 and still remain in the 24% tax bracket.

However, stocks could fall heavily, as they have in previous bear markets. The $50,000 that Heidi moves to a Roth IRA could drop to $40,000, $30,000, or even $25,000. Heidi would not want to owe tax on a $50,000 Roth conversion if she holds only $25,000 worth of assets in the account.

Under previous law, Heidi had a hedge against such pullbacks, at least for Roth IRA conversions.

These conversions could be recharacterized (reversed) to her traditional IRA, in part or in full, until October 15 of the following calendar year. In our example, Heidi could have recharacterized after a market setback, avoided a tax bill, and subsequently re-converted at the lower value. (Timing restrictions applied.)

Such tactics are no longer possible because the TCJA has abolished recharacterizations of Roth IRA conversions. (Conversions to employer-sponsored Roth accounts could never be recharacterized.) Now moving pre-tax money to the Roth side is permanent, so the resulting tax bill is locked in.

In the new environment, it may make sense to take it slowly on Roth conversions in 2018. If stocks rise, boosting the value of your traditional retirement accounts that hold equities, you won’t be sorry about the increase in your net worth; you can convert late in the year at today’s lower tax rate. On the other hand, if periodic corrections occur, they could be an opportunity for executing a Roth conversion at a lower value and a lower tax cost. continued on page 81

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Financial Management continued from page 80

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Are State and Local Taxes Reasons for Relocation?

s many people are all too aware, some states and localities impose higher income and property taxes than others. Residents of high tax areas may have taken some solace by itemizing deductions on their tax returns and reducing federal income tax obligations by deducting the taxes paid.

Example: Jennifer Knight deducted $25,000 worth of state income tax and local property tax on her 2017 tax return. Assuming Jennifer was in a 25% tax bracket, she reduced her net outlay for those taxes with $6,250 in tax savings (her 25% tax rate times the $25,000 tax deductions).

In this scenario, Jennifer’s actual tax cost was $18,750, not $25,000, because she cut her federal tax bill by $6,250.

New Rules Under the TCJA, there is still an itemized deduction for taxes paid, but it is now capped at $10,000 a year, starting in 2018. Some people refer to this as the SALT deduction for state and local taxes. It mainly covers property and income taxes, although taxpayers can choose to include sales tax instead of income tax towards the $10,000 cap. (The $10,000 limit is the same for single filers and couples filing jointly, so there is a true “marriage penalty” here.)

As might be expected, taxpayers and politicians in high tax states and localities have loudly protested the cutback in the deduction for taxes paid. Is this the final straw? The added burden that will drive people to move to areas where income and property tax (and perhaps estate tax) are less of a burden?

Relocation may make sense, but such a decision should be made with care. Calculate how much extra you’ll be paying in tax now, considering the loss of the taxes paid deduction and all the other features of the TCJA. Don’t forget to include the alternative minimum tax (AMT), which still impacts many individuals.

People who owe the AMT get no tax benefit from deducting state or local taxes. Your acountant can help with this computation.

Then, find out how much you’d owe after a move to a different area. Include income taxes and, assuming you’ll be a homeowner, likely property tax. Find out if sales tax will be meaningful in the new area. Deter-

APRIL, 2018

mine the state’s estate tax exemption and estate tax rates, if you expect to leave assets to loved ones.

Typically, you’ll discover that relocating is a puzzle with many different parts of varying sizes. Effectively paying more in state and local tax under the TCJA may be a key piece of that puzzle, but it’s just one thing to consider before calling the movers. continued on page 82

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Financial Management continued from page 81

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Positive Prognosis for Medical Deductions

any miscellaneous itemized deductions, including unreimbursed employee business expenses, no longer can be used to reduce your income, starting with 2018 tax returns. Some observers predicted a similar demise for medical and dental expenses. As it turned out, these deductions not only were retained, the tax benefit was enhanced.

Playing the Percentages

Under the law in effect during 2017, unreimbursed medical and dental expenses could be deducted only to the extent they exceeded 10% of adjusted gross income (AGI).

Example: Ivan Larson had $100,000 of AGI in 2017 and $9,100 of unreimbursed medical or dental expenses. Because 10% of his AGI was $10,000, Ivan’s outlays were under the threshold, so he wasn’t expecting a tax deduction for them.

Surprisingly, the TCJA lowered the threshold to 7.5% of AGI, effective for 2017 and 2018. For Ivan, that was $7,500 of expenses (7.5% of his $100,000 AGI), so his deduction for last year was $1,600 (his $9,100 of costs minus the $7,500 threshold).

Under the TCJA, the threshold will move back to 10% of AGI next year. Therefore, you may want to accelerate elective medical expenses such as prescription sunglasses and tooth implants into 2018.

If you plan to incur such expenses this year, before they may be absolutely necessary, you should be confident that your total of unreimbursed medical and dental costs will exceed 7.5% of AGI in 2018. You also should believe that you won’t be taking the standard deduction: $12,000 this year for Ivan, a single taxpayer.

Unless you’ll itemize deductions and your total of unreimbursed medical and dental costs will top 7.5% of AGI, accelerating elective outlays into 2018 will be a wasted effort. You’ll be better off waiting until 2019 to make such payments when they might be tax deductible under the law that will be in effect then. continued on page 83

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Financial Management continued from page 82

Home Equity Hassle

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key component of the TCJA is the expansion of the standard deduction.

The numbers for 2018 are $24,000 (married couples filing jointly), $18,000 (heads of household), and $12,000 (all others). These amounts are almost double the respective standard deductions in 2017. However, personal exemptions were eliminated.

As a give-and-take, the new tax law trims some itemized deductions. Taxpayers can either itemize or use the standard deduction, so some shift to the standard deduction is likely.

Down with Debt Deductions Among the trimmed itemized deductions are those for mortgage interest. The new law caps deductions to interest on $750,000 worth of debt used to buy, build, or substantially improve a main or second home. For loans incurred before December 15, 2017, the old rules remain in place, so interest on up to $1 million of such debt is still deductible.

These rule changes affect only newer home

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New Tax Deduction for Pass-Through Entities

any small businesses are passthrough entities, including S corporations, partnerships, sole proprietorships, LLCs, and LLPs. The label indicates that all business earnings are passed through to the owners’ personal income tax returns. Thus, they avoid the corporate income tax.

The TCJA contains a new tax benefit for passthroughs. This provision is complex, but it is relatively straightforward for taxpayers with taxable income below $157,500 in 2018, or $315,000 on a joint return.

Such business owners may qualify for a tax deduction that equals 20% of their qualified business income (QBI).

Example: Melanie Foster runs her business as an LLC. In 2018, her QBI (the net of her company’s domestic business taxable income, gain, deduction,

APRIL, 2018

loans in the $750,000–$1 million range. Of broader impact, interest on any home equity loans or lines of credit cannot be deducted, starting in 2018. Previously, interest on home equity debt up to $100,000 generally could be deducted. (All of these home loan interest tax changes are scheduled to end after 2025, reverting to 2017 law.)

Therefore, home equity debt now looks like many other types of loans: the interest is nondeductible.

Should you keep the one you have? That depends on your situation. If you wish to reduce your debt load, paying down home equity debt has become more attractive. Prepaying a nondeductible loan at, say, 5% is the equivalent of earning 5% on your money, after tax, with no market risk.

Another option is to update your existing home debt. A so-called cash out refinance might provide you with spending money, although the full interest deduction may not be available. Your accountant can help you crunch the numbers to see if the expense involved would make it worthwhile, and how it will impact the after-tax cost of residence related debt.

Yet another alternative is to use a personal loan to pay off the home equity debt. An unsecured personal loan might be preferable to a loan or line of credit that places your home at risk.

and loss) is $140,000. On the joint tax return that Melanie files with her husband, the taxable income is $235,000. This taxable income is before the QBI deduction.

Here, Melanie can deduct $28,000 (20% of $140,000) from their taxable income. Note that this deduction doesn’t reduce the Fosters’ adjusted gross income, which can impact many areas on their tax return.

Over the Limits For taxpayers over $157,500 or $315,000 in taxable income, other factors come into play, which can reduce the QBI deduction. Moreover, some service businesses, such as medical practices and law firms, don’t merit the Q (for qualified) in QBI if their income is over certain limits. Your accountant can illustrate the value of the deduction for your pass-through business income.

Reprinted from CPA Client Buletin. n

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Advertisers’ Index ATS Equipment, Inc. ................................................................... 24 Aggregate Industries - N.E. Region............................................ 53 Allied Bolt & Screw Corp................................................................ 7 American Shoring, Inc...............................................Ins. Back Cvr. Aon Construction Services Group............................................... 67 AQUAREHAB USA Inc................................................................ 72 B2W Software, Inc....................................................................... 82 BakerCorp.................................................................................... 80 Boro Sand & Stone Corp..............................................................74 Brennan Consulting..................................................................... 66 Dennis K. Burke, Inc.................................................................... 59 C&S Insurance Agency............................................................... 34 Concrete Systems, Inc................................................................. 36 Core & Main................................................................................... 2 Dagle Electrical Construction Corp............................................... 8 Darmody, Merlino & Co., LLP...................................................... 33 Dedham Recycled Gravel............................................................ 79 DeSanctis Insurance Agency, Inc. ............................................. 64 Dig Safe System, Inc................................................................... 76 The Driscoll Agency .....................................................................74 EJ................................................................................................. 32 Eastern Insurance Group, LLC.................................................... 12 Eastern States Insurance Agency, Inc........................................ 68 Eastpoint Lasers, LLC................................................................. 44 T. L. Edwards, Inc........................................................................ 73 Equipment4Rent.......................................................................... 77 Ferguson Waterworks.................................................................. 78 Gorilla Hydraulic Breakers........................................................... 58 L. Guerini Group, Inc................................................................... 50 HD Supply Const. & Industrial White Cap................................... 10 A. H. Harris Construction Supplies............................................. 58 Hinckley Allen LLP....................................................................... 22 John Hoadley & Sons, Inc........................................................... 75 Industrial Safety & Rescue.......................................................... 56 JESCO......................................................................................... 70 Kenworth Northeast..................................................................... 37 P. A. Landers, Inc......................................................................... 42 Lawrence-Lynch Corp................................................................. 21 Leica Geosystems........................................................................11 Lorusso Corp................................................................................41 Lorusso Heavy Equipment, LLC.................................................. 30 MBO Precast, Inc......................................................................... 72 Mabey, Inc.................................................................................... 68 Mass Broken Stone Company..................................................... 59 Milton CAT.................................................................................... 16 Minuteman Trucks, Inc................................................................. 78 Norfolk Power Equipment, Inc..................................................... 27 North American Crane & Rigging LLC........................................ 28 North East Shoring Equipment, LLC........................................... 50 Northland JCB............................................................................... 9 Ocean State Oil............................................................................ 56 Palmer Paving Corp..................................................................... 35 E. H. Perkins Construction Co., Inc............................................. 84 Putnam Pipe Corporation............................................................ 13 Podgurski Corp............................................................................ 66 E. J. Prescott, Inc...................................................... Ins. Front Cvr. Rain For Rent-New England........................................................ 20 Read Custom Soils ..................................................................... 81 Ritchie Bros. Auctioneers............................................................ 31 Rogers & Gray Insurance.............................................................. 4 Schmidt Equipment, Inc....................................................Back Cvr. Scituate Concrete Products Corp................................................ 54 Scrap-It, Inc................................................................................. 49 Shea Concrete Products, Inc. .................................................... 18 SITECH New England................................................................. 46 Smith Print.....................................................................................74 Starkweather & Shepley Ins. Brokerage, Inc.............................. 26 StormTrap, LLC............................................................................ 58 Systems Support Corporation..................................................... 56 Tonry Insurance Group, Inc......................................................... 78 Travelers....................................................................................... 38 Triumph Modular.......................................................................... 66 United Concrete Products........................................................... 64 United Rentals Trench Safety...................................................... 40 Webster One Source................................................................... 48 C. N. Wood Co., Inc. ................................................................... 52 Woodco Machinery, Inc................................................................. 6 Xylem Dewatering Solutions Inc.................................................. 45

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