December 2015 Construction Outlook by Ucane

A publication of the Utility Contractorsâ&#x20AC;&#x2122; Association of New England, Inc.

DECEMBER, 2015

WE’VE GONE FROM

0- 60 IN THREE GENERATIONS!

THAT’S WHY NO ONE IN THE WATERWORKS INDUSTRY CAN KEEP UP WITH TEAM EJP. Everett J. Prescott, Founder President 1955-1978 After founding the first waterworks distributor north of Massachusetts in 1955, he expanded the company’s presence on the road and in the trenches, while bringing New England such “firsts” as factory-direct trucking of cast iron pipe.

Peter E. Prescott, CEO President 1978–2003 Peter expanded the company all the way to Indiana; added sister companies Quality Water Products (QWP), PEP Transportation, and Red Hed Supply & Manufacturing; and started 24-hour emergency service, Value-Added Services, the KNOW H2OW Engineering Seminars, and the University of Prescott training program.

Team EJP celebrates 60 years of leadership and innovation under three generations of the Prescott family.

Steven E. Prescott, President 2003–Present Steve created the Reference Manual, a comprehensive source of product and engineering information for EJP’s product lines; opened three locations in New York and three in New England; added a fourth sister company, Plastic Pipe Fabrication (PPF); expanded the scope of the Service Department; and added erosion control product lines.

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IN THIS ISSUE

OFFICERS President TONY BORRELLI Celco Construction Corp. President Elect JOHN OUR Robert B. Our Co., Inc. Treasurer PAUL SCENNA Albanese D&S, Inc. Secretary RICHARD PACELLA, JR. R. M. Pacella Inc.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. VINCENT BARLETTA Barletta Heavy Division NICK BIELLO J. D’Amico, Inc. KEVIN COLE J. F. White Contracting Co. STEPHEN J. CONNOLLY ATS Equipment, Inc. MAUREEN DAGLE Dagle Electrical Const., Corp. THOMAS DESCOTEAUX R. H. White Const. Co., Inc. ALEX DUNN Travelers GREG FEENEY Feeney Bros. Excavation, LLC JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. PHIL JASSET Honorary Board Member AL MORTEO FED. CORP. JOSEPH PACELLA RJV Construction Corp. BRIAN RAWSTON Jay Cashman, Inc. KENNETH STEVENS A. H. Harris Construction Supplies PAUL A. UMBRO Umbro & Sons Construction Corp. CHRIS VALENTI GVC Construction, Inc. DAVID ZOPPO R. Zoppo Corp. ANNE KLAYMAN Executive Director

3 President’s Message:

2015 - A Productive Year with Many Accomplishments

7 UCANE’s 2015 Wrap-Up 17 Legislative Update:

• Baker-Polito Administration Offers Economic Plan; UCANE Submits Comments Relative to Water Infrastructure • Mayor Walsh Appoints New Commissioner of the City of Boston Environment Department • MWRA to Improve Security at the Quabbin Reservoir • Massachusetts Department of Revenue to Hold Listening Sessions on Regulatory Review • Senator Dan Wolf Opts to Not Seek Re-Election in 2016 • Holidays Impact Tax Filing Schedule; Massachusetts Department of Revenue Announces April 2016 Filing Deadlines

27 Labor Issues:

Congress Increases OSHA Fine Schedule by 80%

28 UCANE’s 42nd Annual Christmas Party & Scholarship Auction 34 A World of Thanks to Those Who Continue to Support Our Scholarship Program 37 UCANE’s 2016 Scholarship Applications Now Available 39 Spotlight on Cape Cod: Dennis Talks Wastewater

41 UCANE’s 5th Annual Appreciation Night Trade Show 43 UCANE’s Safety Corner:

OSHA FAQs: Final Rule for Confined Spaces in Construction

49 Paul Gabriel of Environmental Partners Group Receives 2015 NBM Award 50 UCANE Welcomes New Members 51 Technology in Construction:

Microsoft Office 365 May be the Greatest Thing to Happen to the Construction Industry Since the Steam Shovel!

55 Financial Management:

• Investing for the Long Term • QTIP Trusts Still Offer Advantages • Put Cadillac Health Plans on Your Road Map

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Tony Borrelli Editorial Board: Tony Borrelli, John Our, Paul Scenna, and Richard Pacella, Jr. 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; E-mail: 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 Abington, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

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A Productive Year with Many Accomplishments It truly is amazing how quickly a year goes by, and how much can be accomplished in that year. It has been my honor to serve as UCANE President, and I would like to thank our Officers, Board, members, and the UCANE staff for their incredible support.

my initial President’s Message last January, I mentioned how UCANE is a “member-driven and member-run” Association, and this past year has only reinforced my belief in that assessment. I also noted the importance of establishing a good working relationship with then newly elected Governor Charlie Baker and Lt. Governor Karyn Polito. I am proud to say that we have accomplished that. Both the Governor and Lt. Governor joined us at our September Dinner Meeting to address our membership and listen to our concerns. We also have forged open lines of communication with members of the Governor’s Administration such as MassDEP Commissioner Martin Suuberg and DCAMM Commissioner Carol Gladstone. While there is much more work to be done, it is encouraging to see that government officials are more than willing to open their doors to listen to our issues. UCANE’s advocacy work this past year went well beyond the Corner Office. We also began to work with our newly elected Attorney General, Maura Healey. UCANE worked closely with other construction groups to lessen the impact of the broad-sweeping, voter approved Earned Sick Time law. I want to thank both the members of these DECEMBER, 2015

groups for joining UCANE in this effort, and the Attorney General’s staff for taking our industry’s concerns into consideration. We also provided testimony and feedback on the new soils management policy implemented by MassDEP, and worked very closely with City of Boston officials to amend a diesel retrofit ordinance to ensure that it aligned with current MassDOT standards and did not have far reaching unintended consequences. All of this was in addition to the work we do with Lynch Associates on Beacon Hill to support and/or oppose the many pieces of legislation that affect our industry. I want to offer a special thanks to Honorary Board Member Phil Jasset, who although “retired” has continued to advocate and be involved in all the issues listed above. Most importantly, as President I wanted to assure that our elected leaders would prioritize water and sewer funding when discussing Massachusetts infrastructure investments. After the horrific winter that we experienced, there has been much discussion about the need to further invest in the MBTA and our roads and bridges. We will continue to strongly advocate that any planning needs continued on page 5

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President’s Message continued from page 3 to start from below ground with the replacement of water and sewer pipe which is nearing its life expectancy, and work with officials on the $21 billion gap in water infrastructure funding that is facing Massachusetts over the next 20 years. We are seeing progress on Cape Cod as those towns address funding much needed water and sewer projects in that area, and we must continue to bring that same urgency to the entire state. I would like to offer my congratulations and support to incoming President John Our of Robert B. Our Co., Inc. I have had the pleasure of serving on the Board with John over the past few years and have seen first-hand his commitment and support of UCANE and its mission. I look forward to continuing to work with him and my fellow Board Members in the coming year.

Once again, I would like to offer my heartfelt thanks to all who made my tenure as UCANE President such a positive and worthwhile experience. I also want to wish everyone a happy holiday season and a prosperous and healthy New Year!

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UCANE’s 2015 Wrap-Up MA State Legislative and Industry Initiatives UCANE maintained an active Legislative Committee and worked closely with Lynch Associates, Inc. to keep our Association’s work and name known on Beacon Hill. Massachusetts Representatives and Senators filed nearly 6,000 pieces of legislation in 2015. UCANE has targeted approximately 45 of these bills that will have a direct impact on our member’s businesses – most of them negatively. UCANE staff and our lobbyists tracked these bills, developed position papers and written testimony, visited legislators, spoke at public hearings, and otherwise informed Beacon Hill legislators about the impacts these bills could have on our industry. UCANE also filed bills that would improve our industry, HB2850 – Dig Safe Revisions and HB2516 – Real Estate Transfer Fee to SRF. UCANE testified at Committee hearings in favor of these bills and worked with legislators to develop support. We will continue to pursue passage of both Bills in 2016.

New State Administration in 2015 – Baker/Polito Governor Charlie Baker and Lt. Governor Karyn Polito began their term in office in January 2015. Along with a new Administration comes, new appointments and new faces at many agencies that will have direct impacts on our industry. Although Baker and Polito were already quite familiar with UCANE and the important work that our members do, UCANE and Lynch Associates spent many hours introducing our members to new agency heads. Both the Governor and Lt. Governor were guest speakers at UCANE’s dinner meetings and we feel confident that our messages will resonate with the Administration as we move into 2016.

UCANE’s Cost Adjustment Bill As a direct result of UCANE filed legislation, all water and sewer projects advertised for bid after January 1, 2014, and bid under Chapter 30-39M are required to include Cost Adjustment provisions for fuel (both diesel and gasoline); liquid asphalt; and Portland cement contained in cast-in-place concrete when the monthly cost change exceeds plus or minus 5 percent. This law protects both the Owner and the Contractor from historic price volatility related to these products. UCANE also developed a convenient form for monthly jobsite recordkeeping of these commodities.

Water Infrastructure Funding Bill - Chapter 259 For several years, UCANE has been an active member of the Water Infrastructure Alliance (WIA) comprised of

DECEMBER, 2015

construction, environmental, and engineering companies that promote clean water investment in Massachusetts. The investment is needed to close an estimated $21B funding gap for water and sewer needs that is projected in the Commonwealth over the next 20 years. State Senator Dykema and Representative Eldridge understood our message, and WIA efforts were rewarded in 2014 with the passage of Chapter 259 of the Acts of 2014, which introduced a wide range of provisions to assist the water and sewer funding needs for municipalities and for the State in general. The Water Pollution Abatement Trust was renamed the Clean Water Trust and given an increase in loan authorization from $88M to $138M. In addition the Bill created two Special Commissions to address long term infrastructure financing and utility coordination. Despite hard lobbying work by WIA, the FY16 budget did not appropriate the necessary funding to implement Chapter 259. Both UCANE and WIA will continue to meet and to promote the need for the Baker Administration to fund Chapter 259 in interim budgets and in FY16.

Infrastructure Funding Advisory Board In late 2014, UCANE was appointed 1 of 22 members to this broad based advisory board tasked with developing a long term funding mechanism that will address the significant gap between projected needs and current available funds for water, sewer, and storm water projects. The Board will be chaired by the Executive Office of Environment and Energy. The final makeup of the Board awaits additional Legislative appointments. Originally scheduled to convene in 2015, first meetings are now expected in 2016.

Commission for Utility Coordination UCANE will have 1 of 14 seats at the table for this commission that will be chaired by the Department of Public Utilities. The Chapter 259 legislation’s intent is to provide some mechanism, possibly through regulation, which would insure that Cities, Towns, and Public Utilities coordinate their underground infrastructure projects with road and paving projects. The goal would be to minimize the potential for utility replacements or upgrades needing to cut into new or recent road and paving work. This would require better long term planning and improved communication and coordination between the stakeholders. The Commission awaits the final Legislative appointments and expects to convene in 2016. continued on page 9

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2015 Wrap-Up continued from page 7 Diesel Retrofit Laws/Ordinances

dinance and to create some rules and regulations for licensing, inspections, etc. in order to make the Ordinance less costly and the inspection process less burdensome for contractors. UCANE also weighed in as “Opposed” to SB1810 (Brownsberger) filed in the 2015 session that would extend similar truck guard requirements statewide.

Boston Mayor Marty Walsh advanced a City Ordinance requiring diesel retrofits for contractors working on City projects. UCANE worked with the City Council and sub-committees to make sure the new Ordinance matched up with existing EPA and MassDOT initiatives in order to provide some consistency and to control costs for contractors. UCANE worked closely with representatives of the MassDEP as well as the EPA to ensure that contractors were alerted to any federal changes to emission regulations. Contractors have spent substantial amounts of money to retrofit their equipment to create clean air and a safer environment. The number of unhealthy ozone days reported by the EPA in Massachusetts is on a steady annual decline. With redesigned Tier IV engines coming into line in the near future, greater results can be accomplished.

UCANE continued to work closely with DPU Commissioner Bob Hayden and Pipeline Division Director Richard Wallace regarding DPU Dig Safe Violation Reporting Procedures, the DPU hearing process, as well other items that promote increased excavation safety for contractors, utility owners, and the public. In 2015 UCANE introduced HB2850, which seeks to update existing Dig Safe Laws by requiring improved marking standards, training alternatives, and recognizing best management practices.

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Mayor Marty Walsh authored a City Ordinance that required all contractors who work for the City to outfit their trucks >10,000GVW with custom made guards to protect bicyclists from driving under trucks. UCANE worked very hard with the City DPW and Inspection Unit (enforcement agency) to clarify the Or-

UCANE has continued to offer its members the 8-hour Class II Asbestos Training Course in conjunction with ATC Associates, Inc. of West Springfield, MA. Both OSHA and the Department of Labor Standards have approved this course. To date over continued on page 11

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2015 Wrap-Up continued from page 9 300 individuals have received Asbestos Cement Pipe (ACP) Worker Safety Certificates. This number includes 42 contractors, as well as representatives from MassDEP, MWRA, MWWA, and municipalities. In 2015 UCANE was part of a select group that worked alongside MassDEP to update the agency’s AC Pipe Guidance Document. In May 2015 the Guidance Document was re-issued with many clarifications and improvements that will make removing AC pipe during public works projects more manageable and less costly for both contractors and municipal owners.

DCAMM Meetings UCANE members and staff met with DCAMM Commissioner Carol Gladstone shortly after her appointment by Governor Charlie Baker. Commissioner Gladstone, whose background is in vertical construction and real estate management, listened to the concerns UCANE had that are unique to the water and sewer industry as it relates to DCAMM regulations and policies. As a result, DCAMM is reviewing its policies to take into account UCANE’s concerns and to ensure a fair certification process that will allow our members to bid on Ch. 149 projects.

MassDEP - Soils Management Policy In 2015, MassDEP developed an Interim Policy in order to allow agency oversight in the transport of any type of soil to sites receiving more than 100,000cy of material. UCANE provided written testimony and attended multiple hearings and discussion sessions as MassDEP sought input prior to developing the Policy. The Policy expands MassDEP regulations into the transport of clean soil and will have particular impacts to sites receiving large amounts of soil disposal i.e., abandoned quarries and gravel pits. UCANE is closely monitoring SB 462 (2015 filing by Sen. Rush), which would increase regulations further on existing and future quarries and gravel pits.

Cape Cod - Section 208 Plan Progress UCANE met and communicated with several state agencies including the Cape Cod Commission, MassDEP, and some municipalities over the last few years since the successful lawsuit filed by the Conservation Law Foundation put pressure on the EPA and Cape Cod Towns to update and implement the 25-year-old regional Sewer Plan. The extensive regional sewer continued on page 13

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2015 Wrap-Up continued from page 11 study (called Section 208) was completed in early 2015, received approval by the MassDEP in June, and received final approval from EPA in September 2015—all per court mandated schedules. The cost to implement the 208 Plan is estimated between $2B$4B over the next 20 years. Towns on the Cape will be working together in 2015 and 2016 based on common groundwater basin boundaries to design multiple engineering solutions to the nitrogen problem that is threatening many areas on the Cape. The 208 Plan is critical to protecting Cape Cod’s drinking water, its beaches, and its coastal industries. Cape Cod is one of the country’s great natural resources and desired vacation destinations. Protecting it is important for both the local economy and that of the State. The court is expecting projects to commence by the fall of 2016, at the latest, and the court requires EPA monitoring of the progress, the expenditures, and the results achieved. UCANE will be closely monitoring the forward progress and results from newest technologies as well on behalf of our members. The implementation of Section 208 will mean great opportunities for UCANE contractors for many years to come.

CDL Self Certification Policy UCANE continued to monitor new regulations by the Federal Motor Carrier Safety Administration (FMCSA) requiring all CDL operators to self-certify by January 30, 2014. The purpose of this policy is to inform the Registry of the type of commerce CDL operators are engaged in and to determine whether or not operators are required to hold a medical certificate. Failure to comply will result in the downgrading of a CDL license to a Class D license, and a fee will apply. For more information on this policy, visit: http:// www.massrmv.com/rmv/license/8cdl.htm.

Mass. Municipal Association/ UCANE Relationship UCANE continued to communicate with the Mass. Municipal Association (MMA) on several is-

sues that are of mutual interest. Increasing sewer and water funding is the prominent issue. UCANE had also reached out to MMA for support on several bills filed in 2015 that would redefine jurisdiction and increase costs for municipal water mains and hydrants. UCANE continued to publish articles from the MMA newsletter that are pertinent to our members in Construction Outlook magazine, which is distributed to all City and Towns in Massachusetts.

MWRA and BWSC These are the two agencies with the largest water and sewer operating budgets. UCANE maintains relationships with the decision makers at MWRA and Boston Water & Sewer Commission (BWSC) and attended several MWRA Advisory Board meetings in order to keep up with discussion on budgets, capital planning, etc. UCANE maintains an open line of communication with both agencies. The leaders of both agencies presented detailed listings of upcoming work and funding commitments to a large audience of interested UCANE members at our March Forecast Dinner Meeting.

Construction Roundtable with Attorney General Along with other Construction Associations, UCANE continued to participate in the construction roundtable meetings with Massachusetts Attorney General Maura Healey and her staff to discuss issues of concern to the construction industry. Meetings in 2015 reviewed Bid Protest Decisions, Prevailing wages for off-site assemblies, REO court decisions, and CM at Risk challenges. UCANE looks forward to continuing productive roundtable discussions in 2016.

Paid Sick Leave Law In 2014 Massachusetts voters approved a Ballot Initiative (Law) that requires employers with more than 10 employees to provide paid sick leave benefits. Although not directed at our industry, this new law impacted contractors greatly. In 2015 UCANE continued on page 14

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2015 Wrap-Up continued from page 13 joined with other contractor associations to work with the AG’s office as they began the lengthy task of creating regulations that would clarify implementation of the new Law. It was an uphill task, but UCANE was able to assist with some mitigating language in the regulations, which became effective on July 1, 2015. UCANE and our legal counsel Hinckley Allen, LLC ran seminars for our members to assist them in understanding recordkeeping, notice requirements, and other aspects of the law.

OSHA and Safety Related Issues UCANE continued to monitor and advise our membership about any new safety regulations promulgated by the Massachusetts Department of Public Safety, Division of Occupational Safety, and OSHA. In 2015, OSHA enacted new regulations on Confined Spaces in Construction and also established new Reporting and Recordkeeping Rules for jobsite injuries. UCANE provided seminars on OSHA related topics and in 2015 sponsored safety training classes for member’s employees to receive certification in Competent Person/Confined Space Entry, and Rigging and Signalperson.

Federal Legislative and Industry Initiatives UCANE continued to be a member of the national contractor’s group Clean Water Construction Coalition (CWCC), which maintains an active presence in Washington, DC and promotes the need for Clean Water Funding at the national level. UCANE member Vin Barletta (Barletta Heavy Division) was re-elected to the CWCC Steering Committee. CWCC lobbyists worked with members of the House and Senate to defeat federal legislation, that is detrimental to our industry, and to maintain federal funding levels. For

the fourth year in a row, Congress could not agree on a Budget, so another continuing resolution was enacted that maintained water and sewer funding at 2010 levels. With 2016 being a Presidential Election year, and with recent changes in House and Senate Leadership, it is unclear what effect this will have on our industry, but CWCC will continue to be UCANE’s eyes and ears on Capitol Hill. In addition to providing monthly reports, CWCC will set-up telecons as needed to keep us informed in 2016.

UCANE’s 4th Annual Trade Show • Held UCANE’s 4rd Annual Trade Show as a way of thanking Construction Outlook advertisers. Thirtyfive Associate member companies took advantage of a complimentary opportunity to set-up displays and hand out literature detailing their products and services prior to the March Construction Forecast Dinner Meeting. Company representatives were able to meet and talk with many of UCANE’s contractors and their key personnel in a social setting. Our 5th Annual Trade Show will be held prior to our March Dinner Meeting. (See page 41for more info.)

Honors & Awards at UCANE’s 61st Annual Banquet • Presented 2015 “Contractor Member of the Year” Award to Marcella Albanese, Albanese Brothers, Inc. • Presented 2015 “Associate Member of the Year” Award to Bob Andersson, Aggregate Industries N.E. Region. • Honored MWRA Executive Director Fred Laskey for his 15 years of service with the Authority. • Presented longtime UCANE member Phil Jasset with a Special Recognition Award for his dedication and commitment to UCANE and the underground utility construction industry. continued on page 15

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2015 Wrap-Up continued from page 14

Charitable Events

Member Communications • Sent monthly e-newsletter to keep members informed of the latest construction and legislative related issues. As a complimentary feature to support our “Buy from UCANE Member Program” the e-newsletter includes Construction Outlook advertisers on a rotating basis. • UCANE’s website makes it easier for members to access information on seminars and meetings. It includes an e-version of Construction Outlook magazine as well as all of our advertisers. • UCANE increased our social media exposure with LinkedIn and Facebook.

College Scholarship Program • Awarded twelve $2,000 college scholarships to High School seniors who are the children of UCANE members and their employees. • Held successful Christmas Party and Auction to support our Scholarship Program. • Honored former UCANE members with Memorial and Honorary Scholarships.

• Supported Leukemia & Lymphoma Society of MA 6th Annual “Gala for a Cure” through Co-chairs Al and Rosemary Morteo (FED. CORP.). • Supported the Diabetes Foundation through the Benard Family. • Supported the Joe Andruzzi Foundation to help cancer patients. • Sponsored the Mystic River Herring Run & Paddle to support the Mystic River Watershed Association. • Supported Pan-Mass Challenge through Joel Lewin (Hinckley Allen, LLP) and Tom Descoteaux (R. H. White Construction Co., Inc.). • Supported the “Rodman Ride for Kids” and the Marilyn Rodman Golf Tournament through Rodman Ford Sales, Inc. • Supported the Alzheimers Association through the Richard Pacella Family. • Supported the “Tour de South Shore” through the McCourt Foundation. • Supported the Massachusetts Hospital School through K & K Excavation Co., Inc. n

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Baker-Polito Administration Offers Economic Plan; UCANE Submits Comments Relative to Water Infrastructure

n mid-November, the Baker-Polito Administration unveiled its economic development plan, “Opportunities for All” and presented the plan before the Legislature’s Joint Committee on Economic Development and Emerging Technologies. As state law requires each new administration to publish an economic development plan and implementation strategy within an administration's first year, Secretary Jay Ash reported on the project spearheaded by his agency, the Executive Office of housing and Economic Development. The plan identifies seven policy priority and implementation focus areas: preparing communities for success, fostering a culture of innovation and entrepreneurship, advancing key clusters and industries, creating a balanced regulatory and business cost environment, expanding workforce development and talent retention, adopting housing policies that support economic growth, and improving transportation access. Among some of the major concerns heard by the Administration was the Commonwealth’s lack of site readiness and infrastructure, a lack of capacity in local governments, the volume and complexity of business and land use regulations, limited affordable housing stock, uncompetitive business costs, employers struggling to find and retain skilled workers, businesses challenged in accessing early-stage capital, and economic troubles in communities outside the Boston core. In response to requests for comment, UCANE submitted a letter to Secretary Ash highlighting the need for the report to highlight, and specifically identify, the importance of water infrastructure. In DECEMBER, 2015

particular, UCANE wrote: “It is critical to consider water infrastructure investment as a distinct component within the Commonwealth’s next economic development plan. A recent report published by the University of Massachusetts’ Collins Center for Public Management compiled academic research that highlighted the direct tie between water infrastructure investment and economic development. For instance, one study found that $1 invested in water/wastewater infrastructure generated almost $15 of private investment, leveraged $2 of other public funds and added $14 to the local property tax base. …. Often hidden underground, water infrastructure suffers from the principle of “out of sight; out of mind”. That said, it is more important than ever that the Commonwealth’s economic development plan address areas that might not receive the attention they should. Water infrastructure, critical for local economic development, housing and community sustainability, is one area that must not be overlooked. The Baker-Polito Administration is planning to unveil more specific economic development legislation within 2016. The economic development plan provided the opportunity for the Administration to solicit specific ideas about where the Commonwealth may be able to improve its ability to attract and retain businesses. To review the Administration’s economic plan, please visit: www.mass.gov/hed/economic-development-plan.pdf continued on page 19

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Legislative Update continued from page 17

Mayor Walsh Appoints New Commissioner of the City of Boston Environment Department

ccording to a press release issued by the Environmental Science from the University of MasMayor’s office, Mayor Martin J. Walsh ansachusetts, Boston. He currently lives in Jamaica nounced that Carl Spector has been apPlain with his wife Marilu, who is an artist, and their pointed Commissioner of the Environment Departson Jonah. ment for the City of Boston. Spector will join other continued on page 21 leaders from the City and around the globe this week in Paris for the U.N. Climate Change Conference (COP21), where Boston is a C40 Aon Risk Solutions Construction Services Group Cities Award finalist for its community engagement work for Greenovate Boston. Spector will serve in the Environment, Energy, and Open Space Cabinet under the guidance of Chief Austin Blackmon, and will lead the City's efforts to protect built and natural environAs the leading provider of risk solutions to the construction industry, Aon ments and oversee policies and Construction Services Group partners with clients to provide insighful programs on environmental issues analysis, strategic direction and creative solutions backed by our dedicated affecting Boston. team of construction experts and the strength of Aon’s global network. Spector has served in the Let Aon Construction Services Group empower your growth, profit and continuity. City's Environment Department for over a decade, most recently aon.com/construction as the Director of Climate and EnKevin White, CEO Brian Driscoll, Managing Director Paul Healy, National Contract Surety vironmental Planning. During this 617.457.7717 617.457.7668 617.457.7719 time he led the development and Kevin.White@aon.com brian.driscoll@aon.com paul.healy@aon.com implementation of the City's ongoMark Herendeen, Surety Michael Scott, Insurance Mark Toglia, Wrap-Up ing climate mitigation and adapta617.457.7715 617.457.7699 617.457.7727 tion plans, starting with the City's mark.herendeen@aon.com mark.toglia@aon.com first climate action plan in 2007. Additionally, he spearheaded the City's efforts to establish Boston's Building Energy Reporting and Disclosure Ordinance (BERDO) and the Diesel Emissions Reduction Ordinance (DERO).

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Legislative Update continued from page 19

MWRA to Improve Security at the Quabbin Reservoir

ccording to a report in the Boston Herald, the Quabbin Reservoir — the main source of drinking water for 2.5 million people in the Boston area — is getting a $3.4 million security overhaul with the 18-mile-long basin receiving more than a dozen security cameras, as well as fiber optic cables and motion detectors Officials at the Massachusetts Water Resources Authority (MWRA) stated that the long-planned project came to focus in the weeks after the April 2013 Boston Marathon bombings, when several college students entered the reservoir in the middle of the night that May. As water supplies have been viewed as potential targets since September 11, 2001, the MWRA’s plans mark one of the most technologically sophisticated security upgrades at the Quabbin. The new work will complement the $1.2 million water detection

and monitoring system, located at 18 different points throughout the MWRA’s system that was installed earlier this year as another major upgrade. The new project, for which the MWRA is still accepting bids, includes installing power cables to bring electricity to the more remote parts of the Quabbin, which is 3 miles wide in some parts and holds 412 billion gallons of water. Officials say 14 security cameras — a first at the reservoir — will go up in various spots, while existing facilities will be outfitted with card readers for staff, glass-break detectors and motion detectors. The project will also bring utilities to the cove where Massachusetts Department of Conversation and Recreation rangers store boats to patrol the reservoir. continued on page 23

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Legislative Update continued from page 21

Massachusetts Department of Revenue to Hold Listening Sessions on Regulatory Review

ccording to a press release by the Massachusetts Department of Revenue (DOR), the agency will holding a series of listening sessions to comply with the required review of all regulations mandated by Executive Order 562. Each state agency is currently in the process of reviewing its regulations to be sure those regulations are clear and concise and not unduly burdensome. As part of this “Regulatory Reform” initiative, the DOR has scheduled two, two-hour listening sessions. These sessions are intended to provide the public with an opportunity to comment on any of the regulations under the jurisdiction of DOR. These listening sessions are in addition to the statutory regulatory process for the issuing, amending, or repealing of a regulation, which includes a public comment period. The DOR is encouraging the public to provide comments on any DOR regulation. The first DOR Listening Session was held on December 1 and the second will be held as follows: Session 2, January 7, 2016, 10:00 AM – 12:00 PM Massachusetts Department of Revenue 100 Cambridge Street, 2nd Floor Boston, MA 02114 Highlighted Topics: Personal Income Tax and Tax Administration Issues If you are unable to attend either of the listening sessions and would like to send comments and/or suggestions, please email DOR at RulesandRegs@ dor.state.ma.us.

DECEMBER, 2015

Senator Dan Wolf Opts to Not Seek Re-Election in 2016

s reported in various media outlets, Senator Dan Wolf, representing the Cape and Islands, recently announced that he would not seek re-election for office in 2016. A candidate for Governor in 2014, Senator Wolf is also the CEO/President of Cape Air. Within the Massachusetts Senate, Senator Wolf currently serves as the Senate Chair of the Joint Committee on Labor and Workforce Development. Last legislative session, Senator Wolf actively worked on the state’s minimum wage and unemployment insurance reforms, one of the nation’s first Domestic Workers’ Bill of Rights, and legislation to strengthen the enforcement of Massachusetts wage laws. After graduating from Wesleyan University with a bachelor’s degree in political science, Senator Wolf moved to Cape Cod to earn his private and commercial pilot licenses. He has worked as a community and union organizer in the Boston area and managed the Chatham Municipal Airport, where he also worked as a flight instructor and aircraft mechanic. In 1988, Senator Wolf and a handful of others founded Cape Air and Nantucket Airlines. They began with six employees and one airplane flying one route. Cape Air is currently one of the largest independent regional airlines in the country, serving dozens of communities and hundreds of thousands of passengers annually in regions as diverse as Key West, rural Missouri, upstate New York, and Guam. Cape Air employs nearly 1000 people. Senator Wolf, who will serve out his entire term, has not declared what he will do next. There has been widespread speculation that he may be a candidate for Governor in 2018. Democrat Julian Cyr and Republican and Republican Anthony Schiavi have already declared an interest in running for the Senate seat in 2016. continued on page 25

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Legislative Update continued from page 23

Holidays Impact Tax Filing Schedule; Massachusetts Department of Revenue Announces April 2016 Filing Deadlines

ccording to recent DOR statement, the agency will treat all tax returns and payments that would normally be due on Friday, April 15, 2016 as timely if they are filed on or before Tuesday, April 19, 2016. In 2016, Emancipation Day, a holiday recognized in the District of Columbia, falls on a Saturday, and will therefore be observed on the previous day, Friday, April 15, 2016. Under Internal Revenue Code Â§ 7503, holidays in the District of Columbia are legal holidays for purposes of determining due dates under the Code. Consequently, federal returns that would otherwise be due on Friday, April 15, 2016 will be treated as timely if they are filed on or before Monday, April 18, 2016. In Massachusetts, April 18, 2016 is Patriotâ&#x20AC;&#x2122;s Day, a legal holiday in the Commonwealth. The IRS has announced that, because April 18, 2016 is a legal holiday in Massachusetts, for Massachusetts

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Congress Increases OSHA Fine Schedule by 80% On November 2, 2015, President Obama signed the Bi-Partisan Budget Act of 2015 (“BBA”). Hidden in the BBP is an obscure provision which requires a substantial increase in the Occupational Safety and Health Act (“OSH Act”) penalty schedule. Specifically, Section 701 of the BBA removed a 1990 restriction that had exempted the OSH Act penalty structure from automatic annual adjustments for inflation (Civil Penalties Inflation Adjustment Act of 1990). The result, the first increase in the OSH Act penalty schedule since 1990. The expected increase will be 80% above the current penalty structure. The BBA requires the USDOL by August, 2016, by rule, to increase OSH Act penalties to account for inflation since 1990. As of August, 2016, the adjusted penalty schedule should approximate the following table:

cies. Penalties issued under these policies will also increase 80%. To minimize the impact of this sizeable increase to the OSHA penalty structure, contractors should increase efforts to comply with the OSH Act. Know CLASSIFICATION 2015 2016 the OSHA standards applicable to your scope of work. Regularly inMaximum Serious Citation $ 7,000.00 $ 12,700.00 spect worksites and equipment and Maximum Repeat Citation $70,000.00 $127,000.00 immediately abate hazards. Train Maximum Willful Citation $70,000.00 $127,000.00 employees in hazard recognition and OSH Act standards. Provide In future years, OSHA will be “permitted” personal protective equipment. Test to minito annually re-adjust penalty levels based mize exposure to hazardous substances. upon inflation. Use engineering and administrative controls to eliminate or minimize exposure. Enforce In addition to issuance of traditional citahealth and safety rules. Be alert for changing tions, OSHA retains its right to issue citations conditions. under its Multi-Employer Citation Policy, its Instance by Instance Citation Policy, and its Be prepared to respond to an OSHA inEgregious and Severe Violator Penalty Polispection. Be healthy and keep safe. n

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look at the Ballroom at The Lantana in Randolph, MA would convince any non-believer that there really is a Santa Claus and this was his satellite workshop away from the North Pole! One thing is for sure, and that is each first-time Auction attendee has never experienced an auction quite like UCANE’s Annual Scholarship Auction and Christmas Party. Every year attendees seem very excited to see what new surprises are in store for them and this year did not disappoint. After 42 years, our Auction still elicits OOHs and AHHs which proves that this is one of the most anticipated of UCANE’s functions. There is no better event to get their Christmas shopping started while spending time with friends, colleagues, and business associates, all the while supporting one of UCANE’s most successful programs. It was readily apparent that the UCANE staff had gone above and beyond to make this night a memorable one and it would prove a success in support of our Scholarship program. As each guest entered the main ballroom, the impact on their senses was evident as familiar Christ-

mas songs from the nostalgic juke box filled the air and added to the holiday spirit. Strings of Christmas lights, woven around each auction item brightened and highlighted every item on the auction tables. The true Christmas spirit was evident, because no Scrooge would survive in this happy atmosphere. The variety and uniqueness of this year’s auction items was obvious. At one side of the ballroom, a 6-foot hand painted nutcracker stood at attention, flanking the collectible Cruis’n Exotica Driving arcade game. At the other side a 10-foot furry inflatable polar bear looked out over the room as if to welcome everyone. A pair of lighted hot air balloons further enhanced the festive atmosphere, and off to the side you could not miss the 10’ x 12’ Tuscany steel framed patio canopy. With so much to see and take in, attendees, with their auction brochures in hand roamed from one end of the room to the other, jotting down the number of their favorite items that they would be bidding on later in the evening. There were the festively decorated tables with poinsettia centerpieces, brightly lit Christmas trees,

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DECEMBER, 2015

and highly coveted outdoor inflatables, one being a “Frozen Snow Globe” featuring Disney favorites Elsa and Anna. There were also Chapman lamps, estate jewelry, furniture, and both autographed and unsigned sports memorabilia, including replicas of the four New England Patriots Superbowl Rings. There were tons of asphalt and tons of stone. There were overnight hotel stays and golf at some of this area’s finest courses. There were fishing trips, tours, and restaurant gift certificates. Thinking of taking a trip? There were airline tickets to any destination in the continental USA and Alaska. Need a Red Sox Luxury Suite for 22 people, or tickets to Bruins, Patriots, or Celtics games? There were plenty of those available. There was dinner for four with Patriots’ greats Joe Andruzzi and Russ Hochstein. Yes, there truly was something for everyone. All in all, everyone had a great time and we can only hope that next year’s event is as successful as this one was. continued from page 31

DECEMBER, 2015

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Auction continued from page 24 UCANE’s Annual Scholarship Auction certainly brings out the best in our members, as their generosity knows no bounds. Whether donating products and services or making cash donations so our staff can search for interesting and unusual items, our members support this event like no other. As significant, our members and their employees, whose sons and daughters have previously won scholarships, know what it means for their children to be recognized for their scholastic achievements, extra curricula activities, and community service. They make it a point to give back to our scholarship program so that other students can experience the same recognition.

The UCANE staff wants to express their gratitude to our members and friends who so generously donated their products and services, and also cash to buy the more unique auction items, as well as those who purchased these items. Not only was the night dedicated to the keeping our Scholarship Program ongoing, it was a night filled with fun, friends, competitive bidding, and laughs which was the perfect way to kick off the holiday season. n

DECEMBER, 2015

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DECEMBER, 2015

A world of thanks to the following UCANE members and friends who donated cash or provided items or services for our auction... and to those who purchased auction items. ATS Equipment, Inc. Central Square Theater GVC Construction Inc. Advantage Petroleum, Inc. Comedy Connection (RI) Gagliarducci Construction, Inc. Aggregate Industries - N. E. Region Chapman Waterproofing Co., Inc. Garrity Asphalt Reclaiming, Inc. Albanese Bros., Inc. Concrete Systems, Inc. Gencorp Insurance Group American Shoring Inc. Dagle Electrical Const., Corp. Pelino Gioioso A. F. Amorello & Sons, Inc. Dale Carnegie Institute P. Gioioso & Sons, Inc. A. Andreassi & Son, Inc. D’Allessandro Corp. L. Guerini Group Inc. Joe Andruzzi & Russ Hochstein J. D’Amico, Inc. HD Supply Const. & Arthur Murray Dance Studio Darmody, Merlino & Co., LLP Industrial White Cap Barletta Heavy Division Cindy & Scott Davidson HD Supply Waterworks A. R. Belli, Inc. Del Frisco’s Steakhouse The Hall at Patriots Place Benevento Companies James J. Dowd & Sons Insurance I.W. Harding Const. Co., Inc. Biszko Contracting Corp. EJ A. H. Harris Construction Supplies Black Mountain (NH) Eastern Insurance Group, LLP Harris Rebar Blue Man Group Eastern States Ins. Agency, Inc. Jon Heslin (BakerCorp.) The Boston Beer Company Eastpoint Lasers, LLC HUB Int’l New England, LLC Boston Food Tours Equipment4Rent The Huntington Theater Co. Boston Winery F1-Boston Iaria Bros., Inc. Brookmeadow Country Club FED. CORP. P. T. Kelley, Inc. Dennis K. Burke, Inc. Ferguson Waterworks KAF C.J.P. & Sons Const. Co., Inc. The Fours Restaurant LM Heavy Civil Const., LLC C&S Insurance Agency, Inc. Four Points By Sheraton Hotel The Lafayette House (Foxboro, MA) P. Caliacco Corp. Foxwood Resort Casino P. A. Landers, Inc. Celco Construction Corp. Lawrence-Lynch Corp. Duane Frederick (Schmidt Equip., Inc.) Mike Lenihan Joel Lewin (Hinckley Allen, LLP)

G. Lopes Construction Inc. Lorusso Corporation Lorusso Heavy Equipment, LLC S. M. Lorusso & Sons, Inc. Luciano’s Restaurant (Wrentham, MA) Lyric Stage Co. of Boston Maggiano’s Little Italy Makeovers Salon & Spa (Easton, MA) Marois Bros., Inc. W. B. Mason Co. McCourt Construction Co. McDevitt Trucks McGladrey, LLP Milton CAT Mohegan Sun Casino Mount Sunapee Mountain View Grand Resort (NH) Newport Preservation Society Newport Vineyards Newton Marriott Hotel North American Crane & Rigging Northeast Traffic Control Services, Inc. Ocean State Charities Ocean State Oil One Bistro (Norwood, MA) Robert B. Our Co., Inc. R. M. Pacella, Inc. Podgurski Corp. J. A. Polito & Sons Co., Inc. E. J. Prescott, Inc. H. R. Prescott & Sons, Inc. RJV Construction Corp. Repitore Theater

Ritchie Bros. Auctioneers RoadSafe Traffic Systems, Inc. The Rustic Kitchen Schmidt Equipment, Inc. Scituate Concrete Pipe Corp. Scituate Concrete Products Corp. Shear Madness SpeakEasy Stage Company Starkweather & Shepley Insurance Brokerage, Inc. The Stiles Company, Inc. Stoneham Theater Story Land (NH) Strega on the Waterfront Systems Support Corp. TD Garden Tascon Corp. Taylor Oil Company Albert J. Tonry & Co., Inc. Triumph Modular Inc. USI Insurance Services, LLC Umbro & Sons Construction Corp. The Vanderbilt Club (Norwood, MA) The Vellano Companies, Inc. Vellano Shoring WCVB-TV Channel 5 W. Walsh Co., Inc. Wampatuck C.C. (Canton, MA) WES Construction Corp. Westin Waltham Hotel Weston & Sampson Engineers, Inc. C. N. Wood Company, Inc. Woodco Machinery, Inc. Woodstock Inn & Resort (VT) R. Zoppo Corp.

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DECEMBER, 2015

Scholarship Applications Now Available

UCANE To Award Twelve $2,000 Scholarships WHO MAY APPLY? Any high school student who is the son or daughter of a UCANE member or an employee of a member who will be enrolling full time in an accredited four year academic institution for the year beginning in September 2016. IMPORTANT: In the event the applicant receives a full first year scholarship from the college of his/her choice, or from any orginization, civic group, etc., the UCANE scholarship will be awarded to another applicant.

HOW WILL THE APPLICATION BE JUDGED? This year there will be twelve $2,000 scholarships awarded. Selections for the awards will be based upon: 1. scholastic achievement 2. interest and effort in preparing for your vocation 3. extra-curricular activities at and away from school, including community service 4. personal recommendations 5. throughness of the completed application, particularly the essay 6. financial need

HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED? Each applicant is assigned a number. When completed, page 1 of the application with the name of the applicant must be detached and sealed in the accompanying envelope. The applicants name must not appear on pages 2-4 of the application or attached transcripts and recommendations. After the winning applications have been selected, the envelopes with corresponding numbers will be opened to identify the award recipient.

WHAT MUST ACCOMPANY THE APPLICATION? 1. A transcript of high school grades through the latest period prior to April 15 must accompany application. 2. A letter of recommendation from the principal or faculty advisor. The letter should include the number of students in the class and the standing of the applicant or equivalent must accompany application. 3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community, (optional but recommended). 4. Please indicate the UCANE company by which you or your parent is employed. NOTE: The name of the applicant must be deleted entirely from pages 2 through 4 and all accompanying correspondence, and your application number must be inserted in its place.

WHEN MUST I APPLY? All applications must be submitted no later than April 15, 2016. When requesting an application, please include: UCANE member company name; employee’s name (must be parent, legal guardian, or graduating student); home address, phone number, and email. FOR AN APPLICATION, PLEASE SEND YOUR WRITTEN REQUEST TO: 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

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Dennis Talks Wastewater The town of Dennis will spend hundreds of millions of dollars on wastewater infrastructure over the next couple of decades and recently, a number of Dennis committees, including the board of selectmen and the comprehensive wastewater management task force, convened to learn the facts and discuss solutions.

he Cape Cod Commission’s 208 Plan outlines some of the issues that plague Cape Cod’s waterways, as well as some possible solutions. Each town on Cape Cod has to come up with its own solutions, but the plan presents some options from which they can choose. Wastewater is the main contributor to nitrogen pollution on Cape Cod, and most of that nitrogen comes from septic systems. Too much nitrogen can kill eel grass – a plant moderator Brian Dudley of the Department of Environmental Protection called a “canary in a coalmine” – in addition to producing algae blooms, which can lead to fish kills, and other water quality issues. Two-thirds of Cape Cod’s watersheds are shared by more than one town, and according to Patty Daley of the Cape Cod Commission, Dennis is no exception. Daley noted that one way to save money on a wastewater treatment facility could be to work with neighboring towns to build a shared facility. “Towns are in various states of studying this issue and identifying solutions,” said Daley. David Young of CDM Smith noted that the population of Cape Cod has grown a lot since the 1950s, and the increase in people has contributed

DECEMBER, 2015

to the influx of nutrients into local waterways. “You’ve changed…over this 50 year period, you’ve grown seven, eight-fold,” Young said. “You have too many nutrients now.” The Cape Cod Commission estimates it will cost $185-$220 million for Dennis to make the needed improvements to its wastewater infrastructure. Mark Abrahams, President of the Abrahams Group, said there are numerous ways the town can opt to pay for the upgrades including existing taxes, betterments, sewer user charges and a water infrastructure fund. A water infrastructure fund would allow residents to contribute up to three percent of their property tax toward a cash reserve that would help pay for the project. One resident stepped forward to ask if dredging Dennis’ waterways, such as Bass River and Swan Pond River, but Dudley said dredging those waterways would have minimal impact on water quality. Dudley said the Mass. Estuaries Project looked at flushing issues in Dennis, and determined that Dennis waterways “Don’t have significant restriction in that way,” so improved flushing is not likely to help. Written by Caitlin Russell. Reprinted from Wicked Local Dennis. n

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OSHA FAQs: Final Rule for Confined Spaces in Construction On May 4, 2015, OSHA issued a new standard for construction work in confined spaces, which was effective on August 3, 2015. Confined spaces can present physical and atmospheric hazards that can be avoided if they are recognized and addressed prior to entering these spaces to perform work. The new standard, Subpart AA of 29 CFR 1926, is intended to help prevent construction workers from being hurt or killed by eliminating and isolating hazards in confined spaces at construction sites, similar to the way workers in other industries are already protected. OSHA has provided these questions and answers to assist employers in protecting their workers while they are working in and around confined spaces in construction. What is a confined space? A confined space has: • Limited means of entry and/or exit; • Is large enough for a worker to enter it; and • Is not intended for regular/continuous occupancy. Examples include sewers, pits, crawl spaces, attics, boilers and many more.

What is a permit-required confined space (permit space)? A permit space is a confined space that may have a hazardous atmosphere, engulfment hazard or other serious hazard, such as exposed wiring, that can interfere with a worker’s ability to leave the space without assistance.

Can anyone work in a permit space? Only workers who have been assigned and trained to work in a permit space may do so. Additionally, before workers can enter a permit space, the employer has to write a permit that specifies what safety measures must be taken and who is allowed to go in.

DECEMBER, 2015

How do I know whether to follow the general industry rule or the construction confined space rule? If you are doing construction work—such as building a new structure or upgrading an old one—then you must follow the construction confined space rule.

I have been following the general industry rule. What is new or different about the construction rule? There are five key differences from the construction rule and several areas where OSHA has clarified existing requirements. The five new requirements include: 1. More detailed provisions requiring coordinated activities when there are multiple employers at the worksite (for more detail, see question below). This will ensure hazards are not introduced into a confined space by workers performing tasks outside of the space. An example would be a generator running near the entrance of a confined space causing a buildup of carbon monoxide within the space. continued on page 45

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Safety Corner continued from page 43 2. Requiring a competent person to evaluate the work site and identify confined spaces, including permit spaces. 3. Requiring continuous atmospheric monitoring whenever possible. 4. Requiring continuous monitoring of engulfment hazards. For example, when workers are performing work in a storm sewer, a storm upstream from the workers could cause flash flooding. An electronic sensor or observer posted upstream from the work site could alert workers in the space at the first sign of the hazard, giving the workers time to evacuate the space safely. 5. Allowing for the suspension of a permit, instead of cancellation, in the event of changes from the entry conditions listed on the permit or an unexpected event requiring evacuation of the space. The space must be returned to the entry conditions listed on the permit before re-entry. In addition, OSHA has added provisions to the new rule that clarify existing requirements in the general industry standard. These include: 1. Requiring that employers who direct workers to enter a space without using a complete permit system prevent workers’ exposure to physical hazards through the elimination of the hazards or isolation methods such as lockout/tagout.

Why did OSHA believe that the former standard needed to be changed? Previously the only requirement for confined spaces in construction was training. OSHA concluded this was inadequate, as injuries and fatalities continued to occur.

How does the new final rule differ from the rules that previously applied to construction work performed in confined spaces? The new rule requires employers to determine what kinds of spaces their workers are in, what hazards could be there, how those hazards should be made safe, what training workers should receive and how to rescue those workers if anything goes wrong.

When does the new rule go into effect? The new rule went into effect on Aug. 3, 2015.

Do employers have to have a written confined space program? Yes, if workers will enter permit spaces. continued on page 46

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Safety Corner continued from page 45 Where can I find the final rule for confined spaces in construction? Information on the new confined spaces standard can be found on the Confined Spaces page.

How can I contact OSHA if I have questions about the final rule? For compliance assistance regarding application of the final rule, contact: Directorate of Construction, Room N3468, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210; telephone 202-693-2020 or fax 202-693-1689.

If I hire a contractor (or subcontractor) to do work in a confined space, do I have any responsibilities? Yes, controlling contractors and host employers must discuss spaces on the site and their hazards with entry employers and each other before and after entry.

Tell me more about the conversations between host employers, controlling contactors and entry employers.

The rule makes the controlling contractor, rather OSHA FAQs: Confined Spaces in Construction Rule than the hostFinal employer, the primary point of contact

for information about permit spaces at the work site. The host employer must provide information Who is affected by Subpart AA? it has about permit spaces at the work site to the Who is affected by Subpart AA? controlling contractor, who then passes it on to the All construction employers whose workers may employers whose employees will enter the spaces be exposed to confined spaces hazards. ll construction employers whose workers may be exposed to confined spaces hazards. (entry employers). Likewise, entry employers must Do I need toDo do anything if there are permit if spaces at the worksite, my employees not need to their I need to do anything there give thebut controlling contractorwill information about nter the permit space? entry programs and any hazards they encounter in are permit spaces at& SAFETY the worksite, SHORING the space, the controlling contractor passes that employees will your not employees need tofrom entering es, you mustbut takemy effective steps to prevent theand space. information on to other entry employers and back to enter the permit space? f I hire a contractor (or subcontractor) to do work in a confined I have any responsibilities? the space, host. Asdomentioned above, the controlling conYes, you must take effective steps to prevent tractor is also responsible for making sure employers es, controlling contractors and host employers must discuss spaces on the site and their hazards with entry your employees from entering the space. outside of a space know not to create hazards in the mployers and each other before and after entry. SHORING & SAFETY space, and that entry employers working in a space ell me more about the conversations between host employers, controlling contactors andhazards entry for one anat the same time do not create mployers. other’s workers.

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SHORING & SAFETY SHA requirements if that employer meets the requirements of 29 CFR 1926 Subpart AA - Confined Spaces An employer whose workers are in engaged in onstruction. A.J. V E L , LT D both construction and general industry work in con-

fined spaces OSHA requirements wenty-seven states and territories have their own OSHA-approved safetywill andmeet health plans; will thoseif that Vellano employer meets the requirements of 29 CFR 1926 SHORING & SUPPLY tates be required to adopt the new standard? Subpart AA - Confined Spaces in Construction.

es, 22 states or territories currently operate their OSHA-approved State Plans (covering private sector and state For more information call 877-VELLANO or visitown Vellano.com nd local government employees), and five additional states and one territory (Connecticut, Illinois, New Jersey, New 47 continued on page Vellano SHORING & SUPPLY ork and the Virgin Islands) operate plans that cover state and local government employees only. State plans have nd enforce their own occupational safety and health standards that are required to be at least as effective as OSHA’s. Many state plans adopt OSHA’s standards identically, but some state plans may have different or more stringent 46 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” DECEMBER, 2015 equirements.

Where can I get more information about construction work in confined spaces?

Safety Corner continued from page 46 Twenty-seven states and territories have their own OSHA-approved safety and health plans; will those states be required to adopt the new standard? Yes, 22 states or territories currently operate their own OSHA-approved State Plans (covering private sector and state and local government employees), and five additional states and one territory (Connecticut, Illinois, New Jersey, New York and the Virgin Islands) operate plans that cover state and local government employees only. State plans have and enforce their own occupational safety and health standards that are required to be at least as effective as OSHA’s. Many state plans adopt OSHA’s standards identically, but some state plans may have different or more stringent requirements.

Where can I get more information about construction work in confined spaces? More information is available at www.osha.gov. Source: Occupational Safety and Health Administration. n

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Paul Gabriel of Environmental Partners Group Receives 2015 NBM Award

aul Gabriel, President and founding partner of Environmental Partners Group, Inc. recently received the Norfolk/Bristol/Middlesex (NBM) Highway Association’s highest honor at their Annual Gala held at the Four Points Sheraton Hotel in Norwood. NBM’s prestigious Francis Granger Award was presented to Paul for his outstanding service and commitment to the Association and the industry. Paul began his career as the Assistant Town Engineer for the town of Concord, MA. He also worked for a regional consulting firm where he managed and built their municipal environmental group, and later a global environmental firm where he was manager of their remedial construction program in New England.

(L-R) Tom Collins, Deputy Director Town of Natick, Paul Gabriel, and Robert O’Brien, President of NBM Highway Association

In 1997, with a more personal business model and a vision of staying more engaged with their clients, he and his business partner opened their own firm. Their work in the first year of business was primarily environmental for clients like Burgess Brothers Superfund Site, Holland Company, and Specialty Minerals, Inc., all of whom are still clients today. They quickly expanded their offering of services and their client base, returning their primary focus to the municipal arena.

a large array of projects of all sizes including the current $130 million municipal water system construction program in Eastham that will provide approximately 120 miles of new water mains throughout the community. The firm has won numerous design excellence awards, as well as the “Small Firm Award” for three consecutive years from ACEC as part of their annual Engineering Excellence Awards competition. In addition the firm was named Contributor of the Year this year by the New England Chapter of the American Public Works Association.

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Microsoft Office 365 May be the Greatest Thing to Happen to the Construction Industry Since the Steam Shovel! Ok with a title like that it is obvious that I am very enthusiastic about Microsoft’s Office 365. I have been a partner of theirs since 1993, and this is the most significant, got-it-right product release from Microsoft. ssentially, Office 365 is the Microsoft Office that you have been using for years with all the tools you are used to – Word, Excel, Powerpoint, but with a boatload of new capabilities that will enable you to get your mobile workforce and partners to work together anywhere. I know, this has been said before, but this is finally something that really delivers on that promise. Like most construction companies today, I’m sure you face tight margins, tough competition, and shrinking project timelines. Your workforce is spread out over multiple projects and project sites. You need the most up to date information in people’s hands and the ability to get and communicate changes, status, and updates quickly. Microsoft Office 365 productivity services can help you and your team: • Access documents, blue prints, email, calendars, and contacts from anywhere • Track and manage communications for each project • Share information securely across teams, even outside your organization • Easily expand or scale down according to fluctuations in growth

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The “bad” news is that you don’t buy the software anymore, you pay a monthly or yearly subscription for it. The good news is you only pay for what you use – if the workforce shrinks or expands, you only subscribe as much as you need. It should be noted as well that one subscription of Office 365 can be installed on any combination of up to five devices at the same time – PC, MAC, iPad, iPhone, and Android. On top of the usual Word, Excel, Powerpoint, there are a host of applications that can really transform how you work and communicate. You may have seen a few of them in Office before – many people referred to them as the “what are those?” apps. Now continued on page 53

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Technology in Const. continued from page 51 that the cloud is involved, these applications are taking on some game changing capabilities – so much so that I will devote the next few articles describing their value and function in depth (no techspeak!), along with some ideas on how to make them work for you. To name a few:

OneNote: An electronic version of the multisubject notebook you used in school, only now you can dictate notes onsite, take pictures, embed documents that will sync through the cloud with your office and/or home computer so a copy is waiting for you when you get back. And you can share it with colleagues or vendors simply by sending an email, even if they don’t have Office 365. Skype for Business (Formerly called Lync ):

Have on the spot meetings with clients, vendors, subs, or coworkers from anywhere. Use PCs, Macs, phones, and tablets all at the same time to share desktops, notes, documents, video, or just talk, even with those who don’t have Office 365.

OneDrive: Up to 1 Terabyte of secure cloud storage that can be shared among coworkers and external users – again, even those who don’t have Office 365.

Hopefully you are starting to get the picture of how Office 365 can make a big difference in how you can get things done. Quick advice is to hire a professional who can help you put together a plan to get it in place, and more importantly, get everybody familiar with how to use it effectively. It will take some effort to implement, but I guarantee it will be one of the best investments you’ve made in a long time. n

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OCTOBER, 2015 “BUY FROM 54 “BUY THEFROM ADVERTISERS THE ADVERTISERS IN CONSTRUCTION IN CONSTRUCTION OUTLOOK” OUTLOOK” DECEMBER, 2015 43

John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

IN THIS ISSUE • Investing for the Long Term • QTIP Trusts Still Offer Advantages • Put Cadillac Health Plans on Your Road Map

Smart Tax, Business & Planning Ideas fro

Investing for the Long Term Investing for the Long Term don’t pa

ugust 2015 was a brutal month for stocks. There were constant reports that the Dow Jones Industrial Average (DJIA) was down hundreds of points for the day, even down by 1000 points during one daily trading session. Ultimately, where do you think August 2015 wound up as far as historical comparisons? As bad as the crash of late 2008? Or even the subsequent bottom of early 2009? Not exactly. August 2015 was the worst month for the DJIA since May 2010; it was the worst month for the S&P 500 index since May 2012. Thus, in the middle of a bull market that has lasted since 2009, there have been some severe ups and downs. By the Numbers

With that perspective, there are some points to keep in mind. For instance, don’t panic over what seem to be huge losses. Hearing that “the Dow is down by 1,000 points today” can be scary. However, when the Dow is over 18,000, as it was as recently as July 2015, a 1,000-point drop is less than a 6% loss. Indeed, the DJIA was down by 6.6% in August, while the S&P 500 lost 6.3%. Now, losing 6% or 7% of your investment portfolio is hard to shrug off. It could be a precursor to a time like late 2008, when stocks continued to sink into the following year, and major U.S. indexes lost nearly 50% of their value.

DECEMBER, 2015

to be hu that “the 1,000 po scary. H Dow is o as recen 1,000-p a 6% los was dow while th Now, On the other hand, the DJIA lost almost 8% in your inv May 2010, and the S&P 500 fell by 6.3% in May 2012. August 2015 was a brutal month for hard to shrug off. It Investors who sold during those pullbacks watched stocks. There were constantand reports that to to a time while stocks rebounded continued rise for like late 20 the Dowafterwards, Jones Industrial Average (DJIA) continued years reaching a succession of new to sink in highs. was down hundreds of points for the day, and major U.S. inde bottom linepoints is that during stocks one can be volatile, on value. even The down by 1000 of their the way up or the way down. By the time you read this daily trading session. Ultimately, where On the other han article, thoseAugust indexes2015 may have regained lostalmost ground8% in May 2 do you think wound up or dropped even lower. as far as historical comparisons? As bad 500 fell by 6.3% in M Course as the crash of Staying late 2008?the Or even the who sold during tho subsequent of early 2009? while stocks reboun Lookingbottom at the historical record, broad U.S. marexactly. August 2015 was the from bear to rise ketNot indexes have always recovered mar-for years afte kets. month That’s been aftersince the May 1929 crash and the worst for thetrue DJIA succession of new h subsequent Great Depression; the stagnant stock 2010; it was the worst month for the The bottom line market of the 1970s, stunted by inflation and unemS&P 500 index since May 2012. Thus, volatile, on the way ployment, turned into a bull market lasting through inthe thefollowing middle two of a decades. bull market that has By the time you read lastedThere’s since 2009, there have been some no reason to suspect the currentindexes market may have re severe ups and downs. weakness will be any different and probably nodropped reason even lower continued on page 57

By the numbers

Staying the cou

With that perspective, there are some points to keep in mind. For instance,

Looking at the hist 55 U.S. market indexe

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Financial Management continued from page 55 to alter your investment plan. Timing the stock market is notoriously difficult. Basic strategies, such as building a diversified portfolio and investing regularly, are likely to prove profitable for investors with a long time horizon. However, if you are at a stage in your life where conservative investing is more appropriate—getting ready for retirement or building a college fund for your kids— you might want to talk with your investment advisor about the possibility of trimming stock market exposure now.

Opportunities Abound The worst recent stock market crashes (2000-02, 2008-09) have proven to be buying opportunities, as the market ascended to new highs both times. This might be the case again, especially if you’re periodically acquiring shares of stock funds in your 401(k) or a similar employer retirement plan. Ironically, the August 2015 stock market stumble could also turn out to be a selling opportunity. If you are holding stocks or stock funds in a taxable account, consider selling any issues that now trade significantly below the price you’ve paid for them. In case of multiple purchases of the same security, spe-

DECEMBER, 2015

cifically identify for sale the shares with the highest cost, which will generate the largest loss. Once you’ve made the sales, you can deduct your net capital losses for the year 2015, up to $3,000. Excess losses can be carried forward and used to offset capital gains taken in the future. Therefore, harvesting losses can deliver tax savings in 2015 and the opportunity to take tax-free gains in future years. continued on page 59

Did You Know?

mong parents who are saving for their kids’ college education, 45% are using a regular savings account to do so. Including multiple responses, 31% of parents are using a 529 account, designed to fund higher education, and 30% are using their own 401(k) accounts, which are meant to be retirement plans. Source: T. Rowe Price

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Financial Management continued from page 57

QTIP Trusts Still Offer Advantages

or many people, trusts can play a role in estate planning. Indeed, a qualified terminable interest property (QTIP) trust may offer benefits to married couples. That’s especially true for people who are in a second (or even a third) marriage, because a QTIP trust can prevent a second spouse from disinheriting children from a first marriage. Extending Control

ultimately will go to their children. With this arrangement, a remarriage after the death of the first spouse won’t lead to their children being disinherited. Control of the assets by a trustee will reduce the chance of depletion through squandering or unwise investments by the surviving spouse.

Tax Benefits Historically, QTIP trusts were used to defer estate tax to the death of the second spouse. With the federal estate tax exemption now at $5.43 million per person, scheduled to rise with inflation, federal estate tax is not a concern for many people. Nevertheless, many states have their own estate tax or inheritance tax, with lower exemption levels. A couple with combined net worth of $3 million or $4 million might wind up owing substantial amounts of state tax at death, so tax deferral through a QTIP trust could be valuable. State rules regarding QTIP trusts vary greatly, however, so the applicable state’s rules must be reviewed carefully when determining whether to use a QTIP trust. In addition, couples with combined net worth well in excess of $10 million may have federal estate tax exposure, so a QTIP trust could be worthwhile for them.

A QTIP trust allows the creator (grantor) to provide funds for a surviving spouse and also name the final beneficiaries. Example 1: Dwight Emerson’s will calls for the establishment of a QTIP trust, to be funded with most of his assets. His second wife, Flo, will be entitled to all of the income from the QTIP trust, for as long as she lives. At Flo’s death, the assets remaining in the trust will go to Gregg Emerson and Helen Jenkins, Dwight’s children from a prior marriage. Thus, Flo will be assured of cash flow for the rest of her life. However, she won’t be able to direct the QTIP trust assets to her own children, also from a prior marriage. Dwight can be sure that his chilAddressing Concerns dren will receive whatever is left in the trust after Flo’s death. Just as any well-drafted trust may offer advanThis process can go both ways. Flo’s will also tages, trusts also require time and expense to create can create a QTIP trust for her assets, so that Dwight continued on page 61 would receive lifetime income if he is the surviving spouse, yet Flo’s children would ultimately get the MBO Precast Inc. trust assets. 4 Marion Drive • Carver, MA 02330 Asset Protection T: 508-866-6900 • F: 508-866-5252 What’s more, a QTIP trust can provide asset protection. Example 2: Kirk and Laurie Miller are married with grown children. Both Millers have wills calling for all of their assets to go into QTIP trusts. The surviving spouse will get all the trust income; in addition, the local bank named as trustee will be instructed to provide the survivor with additional funds from the trust, if necessary for ordinary living expenses, such as health care. Then, the remainder

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Financial Management continued from page 59 and maintain. Moreover, a QTIP trust poses specific issues in addition to the usual cautions about using a knowledgeable attorney to set it up. With a QTIP trust, the executor will have to make a required election after the grantor’s death. A separate state election also may be required to get QTIP tax treatment. Thus, if you create a QTIP trust, the trustee you name should be prepared to make a wellconsidered election. You also should prepare your heirs for QTIP consequences. Your spouse, for example, should know that income will flow life-long, but access to the trust principal will be limited. If your children will be the ultimate beneficiaries, they should understand they’ll have to wait for their inheritance, perhaps for many years. You might want to provide a more immediate source of funds to your children through insurance on your life or through a bequest outside of the trust. In addition, you should discuss ongoing investment of trust assets with your chosen trustee. A QTIP trust must be invested to generate income to the surviving spouse, yet the trustee should attempt to provide a substantial amount to the ultimate beneficiaries as well. continued on page 62

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Financial Management continued from page 61

Put Cadillac Health Plans on Your Road Map continued from page 3

the tax, in order to keep providing Trusted Advi s 2015 nears its end, busiwill be affected when the tax current health care coverage to Costly Coverage is In the ness owners are naturally yourintroduced. employees, to dropping healthfollowing insurance altogether, subject of to all health years, over half looking ahead to 2016. • The “Cadillac” tax is a 4 Affordable Care Act requirements. excise tax on any exces plans could generate this tax. When it comes to your comAnother, perhaps more common benefit provided to an reaction willCadillac be to cut health pany’s health plan, you might The tax is a 40%, employee. coverage costs and, thus, avoid want to peer farther into the non-deductible charge on • An excess benefit is the the Cadillac tax. Employers might aggregate future, to 2018. That’s when a costs overtheir specific limits. cost of cover do so by changing plans the employee for the m to include some combination of steep tax on high-cost health Ultimately, the tax will over bethe dollar limit for higher insurance deductibles, insurance under the Affordable borne by employers, so you month. smaller provider networks, and Care Act, dubbed the Cadillac more cost sharing by employees. should know how it works • Each coverage provider Such moves effectively would shift pay the tax on its share tax, will go into effect. and what to do about it. health care costs from employers excess benefit. Although some people have described to Coverage employees; companies might Costs • The coverage provider m boost employees’ compensation to this tax as an effort to rein in lavish health be the health insurance company providing the plan,As butthe that IRS make up for some indicated in of a the pairhigher of 2015 notices, the employer, or the pe plans offered to top-bracket taxpayers, cost likely would be passed they might the through impact of costs—or the Cadillac tax not. may go beyond administers bathe plan be to the employer. Even with higher pay, though,arrangements that may not paint the entire picture. Stud- sic health plans. Flexible spending depending on the situat be losing tax(FSAs), healthemployees savingswould accounts (HSAs), and •health ies indicate that anywhere from 15%Back to Each employer must ca Cutting free health coverage while adding for63 each taxable period 40% of employer-sponsored health plans As might be expected, the Cadillac taxable compensation. Such changes on page continued

amount subject to the e tax provisions are complex, with could have considerable economic tax and the share of the multiple definitions and exclusions. impact on your employees. By benefit for each covera Our office can review your current starting now to gauge the potential provider, delivering the health plans and determine your effect of the Dave Cadillac tax in 2018, / Owner Pateuk appropriate notification exposure, if any, to the Cadillac tax. you can decide what steps you’re Email:likely dave@northeastshoring.com If your company is vulnerable to take and establish a to the Cadillac tax, what can Website: you schedule for introducing any new www.northeastshoring.com do? Options range from paying developments to your workers.g

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The CPA Client Bulletin (ISSN 1942-7271) is prepared by AICPA staff for the clients of its members and other practitioners. The Bulletin carries no official authority, a should not be acted upon without professional advice. Copyright © 2015 by the American Institute of Certified Public Accountants, Inc., New York, NY 10036-8775 U.S.A. Sidney Kess, CPA, JD, Editor. For AICPA customer service, call 888.777.7077 or visit www.cpa2biz.com. 4

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DECEMBER, 2015

Financial Management continued from page 62 reimbursement arrangements (HRAs) also may be included. For the plans coming under this provision of the law, the cost of coverage will be the total contributions paid by both the employer and employees. However, employee-paid deductibles, coinsurance, and copays will not be considered as costs for the Cadillac tax calculation. The thresholds for high-cost plans are currently $10,200 for individual coverage, and $27,500 for family coverage. These amounts will be updated for 2018 when the tax kicks in, and indexed for inflation after that. Example: Assume the current thresholds are in effect in 2018. ABC Corp. calculates its costs at $11,000 for individual plans. That would be $800 over the $10,200 threshold, so the 40% tax would be $320 (40% of $800) per covered employee. Various penalties include a 100% fine for miscalculation. In many cases, the Cadillac tax will be owed by the insurance company providing the plan, but that cost likely would be passed through to the employer.

Cutting Back As might be expected, the Cadillac tax provisions are complex, with multiple definitions and exclusions. If your company is vulnerable to the Cadillac tax, what can you do? Options range from paying the tax, in order to keep providing current health care coverage to your employees, to dropping health insurance altogether, subject to Affordable Care Act requirements. Another, perhaps more common reaction will be to cut health coverage costs and, thus, avoid the Cadillac tax. Employers might do so by changing their plans to include some combination of higher insurance deductibles, smaller provider networks, and more cost sharing by employees. Such moves effectively would shift health care costs from employers to employees; companies might boost employees’ compensation to make up for some of the higher costs—or they might not. Even with higher pay, though, employees would be losing tax-free health coverage while adding taxable compensation. Such changes could have considerable economic impact on your employees. By starting now to gauge the potential effect of the Cadillac tax in 2018, you can decide what steps you’re likely to take and establish a schedule for introducing any new developments to your workers. Reprinted from CPA Client Bulletin. n

DECEMBER, 2015

Trusted Advice Costly Coverage • The “Cadillac” tax is a 40% excise tax on any excess benefit provided to an employee. • An excess benefit is the aggregate cost of coverage of the employee for the month over the dollar limit for that month. • Each coverage provider must pay the tax on its share of the excess benefit. • The coverage provider might be the health insurance issuer, the employer, or the person that administers the plan benefits, depending on the situation. • Each employer must calculate for each taxable period the amount subject to the excise tax and the share of the excess benefit for each coverage provider, delivering the appropriate notifications.

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Advertisers’ Index ATS Equipment, Inc. ...................................................... 6 Adler Tank Rentals........................................................ 54 American Shoring, Inc.................................Ins. Back Cvr. Aon Construction Services Group................................ 19 Boro Sand & Stone Corp.............................................. 25 Dennis K. Burke, Inc..................................................... 52 C&S Insurance Agency, Inc.......................................... 20 Concrete Systems, Inc.................................................. 48 Dagle Electrical Construction, Corp.............................. 26 Darmody, Merlino & Co., LLP........................................ 13 Dedham Recycled Gravel............................................. 61 DeSanctis Insurance Agency, Inc. ................................. 9 Dig Safe System, Inc....................................................... 5 The Driscoll Agency ..................................................... 57 EJ.................................................................................. 24 Eastern Insurance Group, LLC....................................... 4 Eastern States Insurance Agency, Inc.......................... 47 Eastpoint Lasers, LLC................................................... 52 T. L. Edwards, Inc.......................................................... 14 Ferguson Waterworks................................................... 15 Foley Carrier Services, LLC.......................................... 63 GEOD Consulting, Inc................................................... 60 L. Guerini Group, Inc..................................................... 56 HD Supply Const. & Industrial White Cap.................... 42 HD Supply Waterworks................................................... 2 Hinckley Allen, LLP....................................................... 22 A. H. Harris Construction Supplies............................... 50 John Hoadley & Sons, Inc............................................. 45 JESCO.......................................................................... 56 P. A. Landers, Inc.......................................................... 49 Lawrence-Lynch Corp................................................... 58 Lorusso Corp................................................................. 54 Lorusso Heavy Equipment, LLC................................... 36 MBO Precast, Inc.......................................................... 59 Mabey, Inc..................................................................... 53 Mass Broken Stone Company...................................... 53 Milton CAT..................................................................... 30 Norfolk Power Equipment, Inc...................................... 61 North East Shoring Equipment, LLC............................. 62 Northland JCB............................................................... 23 NorthStar Insurance Services, Inc................................ 32 Ocean State Oil............................................................. 25 Palmer Paving Corporation........................................... 58 E. H. Perkins Construction Co., Inc.............................. 64 Podgurski Corp............................................................... 5 E. J. Prescott, Inc....................................... Ins. Front Cvr. Rain For Rent-New England......................................... 10 Read Custom Soils ...................................................... 60 Ritchie Bros. Auctioneers............................................. 21 Rogers & Gray Insurance Agency, Inc.......................... 40 Salem Dental Arts, PLLC.............................................. 38 Schmidt Equipment, Inc.....................................Back Cvr. Scituate Concrete Products Corp................................... 8 Shea Concrete Products............................................... 18 Smith Print..................................................................... 56 Starkweather & Shepley Ins. Brokerage, Inc.................11 Ti-SALES, Inc. .............................................................. 47 Albert J. Tonry & Co., Inc.............................................. 52 United Concrete Products, Inc. .................................... 60 United Rentals Trench Safety....................................... 12 The Vellano Companies, Inc......................................... 46 C. N. Wood Co., Inc. .................................................... 16 Woodco Machinery, Inc................................................ 44

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DECEMBER, 2015

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508-842-2822 Fax: 508-842-2824

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City life isn’t for everyone. But the new 135G and 245G Excavators couldn’t be more at home. . But the new 135G and 245G Excavators couldn’t be more at home. Their reduced-tail-swing configuration opens up a TCihtyeliifreriesnd’ut fcoer dev-etrayiol-nsew ing configuration opens up a wide range of possibilities, making congested wide range of possibilities, making congested jobsites and working around obstacles a welcomed challenge. Coupled with their EPA-certified jInotbersim iteTsiear n4 denwgionerks,isnhgorat-rtohuronwdloowb-esftfaorctlecosnatrowlse, lacnodmspeadciocuhsa, qllueinetgcea.bsC, othuepy’llel kdeewpiytohutwhaenirtinEgPtAo-scteayrtoinfitehde jobsite, despite how easy Itnhetyerairm e toTiloeard4uepnag ndingeest ,toshthoertn-etxh t roonw e. Clo onwta-cetfufo s trotdcaoy.ntrols, and spacious, quiet cabs, they’ll keep you wanting to stay on the jobsite, despite how easy they are to load up and get to the next one. Contact us today.

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