Construction Outlook February 2014 by Ucane

A publication of the Utility Contractors’ Association of New England, Inc.

FEBRUARY, 2014

Receives the Highest Grades on Every Level

• MassDOT Amends its DBE Special Provisions • Environmental Compliance Requirements for Emergency Projects

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IN THIS ISSUE

OFFICERS President AL MORTEO FED. CORP. President Elect TONY BORRELLI Celco Construction Corp. Treasurer JOHN OUR Robert B. Our Co., Inc. Secretary PAUL SCENNA Albanese D&S, Inc.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. JEFF BARDELL Daniel O’Connell’s Sons, Inc. VINCENT BARLETTA Barletta Heavy Division NICK BIELLO J. D’Amico, Inc. KEVIN COLE J. F. White Contracting Co. STEVE COMOLETTI P. Caliacco Corp. STEPHEN J. CONNOLLY ATS Equipment, Inc. MAUREEN DAGLE Dagle Electrical Const., Corp. THOMAS DESCOTEAUX R. H. White Const. Co., Inc. ALEX DUNN Travelers JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. MARCO GIOIOSO P. Gioioso & Sons, Inc. BILL IRWIN C.J.P. & Sons Const. Co., Inc. PHIL JASSET Honorary Board Member RICHARD PACELLA, JR. R. M. Pacella, Inc. BRIAN RAWSTON J. Cashman, Inc. KENNETH STEVENS A. H. Harris & Sons, Inc. DAVID ZOPPO R. Zoppo Corp.

KLAYMAN ANNE Executive Director

3 President’s Message:

We are Fortunate to be Living in Massachusetts Where Clean Water is a Priority

7 Legislative Update:

• Senate Committee on Bonding and Capital Assets Holds Hearing on Water Infrastructure Legislation • Governor Patrick Files Proposed Fiscal Year 2015 Budget Proposal • Massachusetts RMV to Consider Potential Increase of Fees • Legislation to Address Underground Gas Pipe Leaks Progresses • RMV Extends Medical Self-Certification Deadline to April 2014 for CDL Holders

19 Legal Corner:

MassDOT Amends its DBE Special Provisions

23 UCANE’s Third Annual Appreciation Night Trade Show 24 Contractor Member of the Month:

Baltazar Contractors, Inc. Receives the Highest Grades on Every Level

31 Labor Issues:

Reminder: New OFCCP Veteran and Disability Rules Become Effective March 24, 2014

35 In Memoriam:

Leonard H. White, R. H. White Construction Co., Inc.

36 MWRA Advisory Board Contracts The Collins Center to Assess the Link Between Clean Water and Drinking Water Infrastructure and Economic Development 42 Senate President Therese Murray Named MWRA Legislator of the Year 43 Environmental Viewpoint:

Environmental Compliance Requirements for Emergency Projects

45 CWCC January and February Updates 51 UCANE’s 2014 Scholarship Applications Now Available 53 Financial Management:

• SEP Plans Go Separate Ways • Mixing IRA Distributions With Social Security • The “Other” April 15 Deadlines

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Al Morteo Editorial Board: Al Morteo, Tony Borrelli, John Our, and Paul Scenna 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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We are Fortunate to be Living in Massachusetts Where Clean Water is a Priority It seems that bad news always tops the 6 o’clock evening news, while good news stories are usually reserved for the end of the broadcast in an effort to leave viewers with a pleasant feeling and good thoughts. However, listening day after day to the recent reports of the West Virginia drinking water contamination and hearing about the misery and disruption it caused to the lives of more than 300,000 people, made me think just how fortunate we are to be living in Massachusetts. Just hearing about the contamination of drinking water made me more aware of how good we have it in this state. Massachusetts has a good story to tell, but you probably won’t hear about it on the 6 o’clock news. FEBRUARY, 2014

First let me begin by saying that no manmade system ever devised is 100 percent foolproof, because we all know that there are circumstances in which they can be compromised. But, most of Massachusetts’ population, and specifically those people living in the cities and towns serviced by the MWRA, have a modern, redundant water delivery and sewage treatment system. In my opinion, these systems are second to none. Maybe, just maybe, that’s the reason why most people in Massachusetts take their drinking water for granted. Basically, it’s not their fault. When almost half the population believes that they have the best drinking water and the best water delivery system in the nation, the tendency is not to think too much about it. They are confident that every day when they turn on their faucets clean drinking water will “mysteriously” flow out….what is there to worry about? And, for the most part, that makes perfect sense. But as good as Massachusetts’ water and sewer system is, there’s more that needs to be done to keep it operating at peak performance. No person, no state, or no nation stays at the “head-of-the-line” unless investments in repairs, improvements, and new technology are made on a continuing long-term basis. As good as Massachusetts’ water and sewer continued on page 5

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President’s Message continued from page 3 infrastructure is today, a recent Water Infrastructure Finance Commission Report (WIFC) has identified a backlog of unfunded water and sewer projects over the next two decades which totals over $20 billion. Unless we move to resolve this issue in the very near future, Massachusetts’ status as having the first or second best water in the nation will certainly change dramatically. Fortunately, the experience of the Boston Harbor pollution issues taught us all a good lesson which is not to turn away from a problem because it will only get worse. Today, from the Governor and legislators, on down to the heads of local and state water and sewer agencies, business and environmental groups are coming together, and are now doing the planning necessary to meet the clean water and drinking water challenges of the next decade and beyond. Remaining at the top and having the best of anything, is not easy or without pain (financial pain). Knowing the extent of the problem is the first order of business. That’s been done. Getting a consensus that the problem needs to be addressed is the second order of business. That’s been done. Deciding on a plan of action and finding the resources necessary is the third order of business and, we are now in the process of getting this done as well.

I am more confident than ever before, from all I’ve seen and heard at meetings I’ve attended, that just about everyone is on board to help resolve the water and sewer project backlog. From an economic standpoint Massachusetts’ future looks outstandingly bright. As these projects are brought on-line, they will produce thousands of good paying jobs. A new and improved water and sewer infrastructure will promote the expansion of existing businesses and will be a magnet for start-ups. I am confident that the actions being taken today will make Massachusetts a model for other states to follow. I congratulate everyone involved for their efforts to make it happen. n

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Senate Committee on Bonding and Capital Assets Holds Hearing on Water Infrastructure Legislation

he progression of legislation aimed at beginning to address the Commonwealth’s significant funding gap for water infrastructure continued in January. On January 30, the Senate Committee on Bonding and Capital Assets held a public hearing on Senate Bill 1947, legislation released by the Joint Committee on the Environment and Natural Resources at the end of last year. Among those testifying at the hearing were Representative Carolyn Dykema, Senator Jamie Eldridge, and Senator Marc Pacheco, who advocated for the inclusion of funding contained in Senate Bill 1947 that would direct a certain percentage of capital gains revenue into a dedicated water infrastructure fund. Joined at the hearing by representatives from the Massachusetts Municipal Association, Massachusetts Water Works Association, and the Massachusetts Water Resources Authority, debate swirled around the Commonwealth’s ability to fund water infrastructure through bonds or funding already otherwise encumbered. Undersecretary of the Massachusetts Executive Office of Administration and Financing, Scott Jordan, expressed concern over the legislation’s increased bonding authority and its use of the capital gains revenues. In particular, Undersecretary Jordan highlighted the precarious position the Commonwealth’s existing debt and, almost as importantly, the Common-

FEBRUARY, 2014

wealth’s existing debt service would be placed in under this legislation. Chairman of the Senate Committee on Bonding and Asset Management, Senator Brian Joyce, agreed with concerns about the Commonwealth’s current debt being expanded. In comments before the Committee, Chairman Joyce asked panelists whether there was some way to utilize existing funding streams, such as expanding the use of Chapter 90 road and bridge funds, to address the water infrastructure funding gap. Susan Perez, Executive Director of the Massachusetts Water Pollution Abatement Trust, provided testimony that primarily addressed how the SRF funding programs work today and, per the legislation’s directive, would operate if certain laws governing its use (i.e., principal forgiveness allowances, variable loan rate capability, etc.) were changed. The legislation will likely be released from the committee by mid-February. It will then proceed to the Senate Committee on Ways and Means, which will conduct an extensive financial review before the matter heads to the Senate floor for debate. It is anticipated that the proposed legislation, at some point in the process, will more closely resemble Senate President Murray’s original proposal, Senate Bill 1880. continued on page 9

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Legislative Update continued from page 7

Governor Patrick Files Proposed Fiscal Year 2015 Budget Proposal

overnor Deval Patrick filed his last proposed fiscal year budget on January 22. In filing a $36.4 billion spending plan for the next fiscal year that includes a $205 million increase in public education funding and investments in the life sciences, dental care for the poor, and caregivers who assist the state's neediest residents, Governor Patrick included similar revenue themes outlined in previous budget proposals. The proposal for fiscal 2015 focuses on education, including a new $15 million investment in early education, including a $3.1 million increase in spending designed to expand full-day kindergarten programs. It also includes $141 million in increased funding for transportation. While the Massachusetts Senate and House of Representatives will likely significantly rewrite the proposal, it includes a $100 million increase in Chapter 70 education aid that would guarantee a $25 per pupil bump in spending for every school district and raise aid under that program to a record $4.4 billion. At the same time the Governor increases his support for education, his Administration level funded unre-

stricted local aid to cities and towns at $921 million, part of an overall local aid package totaling $5.6 billion. As reported in the State House News Service and other media outlets, Patrick has also proposed level funding for special education, regional school transportation, charter school reimbursements, and the school food services program. In matters of additional concern to UCANE members, the Governor’s proposed budget addressed or omitted the following areas: Rate Relief. As has been the standard for the last few budget sessions, the Governor eliminated the Rate Relief line-item (1231-1000). In fiscal year 2013, UCANE advocated for, and the final budget included, the line-item with an appropriation of $500,000. Likewise, in fiscal year 2014, UCANE advocated for increased funding for this important line-item. To that end, the Commonwealth Rate Relief Fund was appropriated $1,000,000 during fiscal year 2014. The Commonwealth Rate Relief program, which provided debt service assistance to municipalities and regional continued on page 11

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Legislative Update continued from page 9 water authorities, was once funded at $62.5 million. WPAT Contract Assistance. The Governor recommended $63,143,440 for line-item 15990093. In fiscal year 2014, the final appropriation was $62,830,731. UCANE has always supported increased WPAT Contract Assistance as a viable tool for continuing to address municipalities’ and regional water authorities’ water infrastructure needs. DEP Administration. For fiscal year 2015, the Governor again recommended an increased appropriation of $28,498,667 to line-item 2200-0100. UCANE continues to advocate that DEP funding must be increased – particularly as it relates to the personnel necessary to operate and run the DEP’s clean water and wastewater initiatives. Safe Drinking Water Act. The Governor recommends a similar appropriation to last fiscal year, with $1,504,682 to line-item 2250-2000. In fiscal year 2014, the final appropriation was $1.49 million. Cape Cod Study. The final budget for fiscal year 2014 did not include funding for line-item 22608875. As well, the Governor has not recommended any appropriation for the Cape Cod Study. Given recent grant funding to the Cape Cod Commission for comprehensive water management planning, it is no surprise that this line-item was not included. None-

theless, UCANE has strongly supported any initiative which provides a municipality or regional water authority with the funding necessary to develop a comprehensive strategy for addressing its water infrastructure needs. Watershed Management Program. Governor Patrick recommended $1.02 million to DCR’s watershed management program line-item 28000101, which reflects the final fiscal year 2014 appropriation of $1.01 million. Stormwater Management. In fiscal year 2014, the final budget included Governor Patrick’s recommended appropriation of $405,000. Again, this year the Governor is recommending an increase to lineitem 2800-0401 with an appropriation of $418,036. The House and Senate Ways and Means Committees will now hold eight joint public hearings to seek feedback from the general public on the Governor’s proposed priorities. It is anticipated that the House Committee on Ways and Means will release its version of the fiscal year 2015 budget in April with the Senate considering its own proposal in May. Upon completion of a Conference Committee sorting out the differences between the House and Senate versions, the bill will return to the Governor for his approval, disapproval, or amendment. continued on page 13

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Legislative Update continued from page 11

Massachusetts Registry of Motor Vehicles to Consider Potential Increase of Fees

ccording to recent deliberations by the Massachusetts Department of Transportation’s Board of Directors, higher fees for vehicle inspections or license renewals are part of MassDOT’s plan to close a projected $55 million budget gap for fiscal 2015. Despite an influx of $135 million in new revenue from last year’s package of tax hikes to finance transportation, RMV fees were viewed as “the only viable revenue source” to close the budget hole for fiscal 2015. If the RMV increases fees, it will occur a year earlier than anticipated under the revenue forecasting models used when the legislature debated transportation financing reform in the Spring of 2013. The registry fee hikes will come on top of 5 percent increases to MBTA fares and highway and bridge tolls, which were envisioned in the Leg-

islature’s long-term financing plan. MassDOT has not proposed which fees might increase or by how much. For perspective, RMV collected approximately $550 million in revenue in 2013, including $134 million in motor vehicle inspection fees. Registration fees, title certificates, and driver’s license fees are other top revenue generators at the RMV. The State House News Service reported that MassDOT said the new revenue from the transportation financing bill will help fund operating and debt service costs, while also allowing the department to transition 60 percent of MassDOT personnel off the capital budget and onto the operating budget. The first 20 percent were moved in 2014 and final 20 percent are scheduled to be transitioned in fiscal 2016. continued on page 15

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Legislative Update continued from page 13

Legislation to Address Underground Gas Pipe Leaks Progresses

nder legislation released by the Joint Commitgrams to customers, which increase the availability, affordability, and feasibility of natural gas service for tee on Telecommunications and Energy and new customers. then subsequently released by the House Committee on Ways and Means, utility companies It is anticipated that the Massachusetts House will be required to make repairs to their natural gas of Representatives will address this legislation in pipes according to a schedule and inventory of need. February. continued on page 17 House Bill 3873 establishes three levels of leaks: Grade 1, the most serious leak, which requires immediate repair; Grade 2, which could create future hazards, and needs repair within THE DRISCOLL DIFFERENCE: 12 months; and Grade 3, non-hazardous leaks that need to be monitored. The bill would allow utilities to raise rates, with the Massachusetts Department of Public Utilities (DPU) approval, beginning before a major project in an effort to raise funds prior to actually undertaking the project. As well, the legislation requires that “upon the undertaking of a significant project involving the repair or paving of a public way exposing confirmed natural gas infter serving major contractors for more “The entire surety bonding team at than 50 years, the Driscoll Agency truly frastructure, a municipality or the Driscoll has the experience, expertise understands the unique risks, insurance requirecommonwealth shall submit writand industry contacts to give us the best ments and surety demands of the construction possible representation and service. industry. ten notification of the project to a In an industry as specialized as ours, we wouldn’t consider letting any other Managing risk can be very difficult. Which is why gas company. The gas company agency handle this important need of it’s critical to obtain adequate and proper insurance coverages. Our underwriting specialists will work shall survey the project area for our company.” – Satisfied Client with your best interests in mind when proposing the presence of Grade 1 or Grade solutions to your insurance needs. To discover the Driscoll difference, contact 2 leaks and set repair and replaceWhen it’s time to navigate through the comTim Lyons, Bond Department Manager at plexities of surety bonding, you can rely on our ment schedules for any known or 781-421-2560 or tlyons@driscollagency.com. expertise and connections to get you aggresnewly detected Grade 1 or Grade sive representation and unbeatable access to industry decision-makers. 2 leaks. A gas company may repair any known or newly detected Grade 3 leaks at its discretion or after consultation with the municipality or the commonwealth.” The legislation allows a gas company to file a targeted infrastructure replacement plan with the DPU to address aging or leaking natural gas infrastructure within the commonwealth in the interest of public safety and reducing unaccounted for gas. In turn, the legislation requires the DPU to permit a gas The Driscoll Agency, Inc. • 93 Longwater Circle, Norwell, MA 02061 • Phone (781) 681-6656 • Fax (781) 681-6686 • www.driscollagency.com company to design and offer pro-

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Legislative Update continued from page 15

RMV Extends Medical Self-Certification Deadline to April 2014 for CDL Holders

ccording to a press release, the MassDOT Registry of Motor Vehicles (RMV) announced it extended the January 30 deadline for Commercial Drivers License (CDL) holders to meet the Federal Motor Carrier Safety Administration’s requirement that CDL and commercial permit holders provide their licensing jurisdiction with their self-certification information and a copy of the US DOT Medical Certificate. The deadline will now expire on April 30, 2014. As of mid-January, approximately 100,000 of the 145,000 CDL holders in Massachusetts had selfcertified. More than 13,000 completed their self-certification online at MassRMV.com. CDL holders are encouraged to complete this process online as soon as possible. This medical self-certification requirement is the result of a Federal Motor Carrier Safety Administration rule intended to improve highway safety by insuring that only medically qualified drivers are operating on our highways. The RMV began accepting driver self-certifications and copies of US DOT Medical Certificates in August 2012. In an effort to ease the burden on drivers, the RMV allows drivers to self-certify from the convenience of their home computer. Visit the RMV website, www.MassRMV.com; select ‘Online Services’.

Scroll down to ‘Other’. Select Commercial Driver’s License (CDL) Self-Certification. If a driver is providing the Registry with a US DOT Medical Certificate, they must have a copy scanned to their computer as a JPG or PDF file before beginning the transaction. The individual will be asked to upload to the RMV the US DOT Medical Certificate within the transaction. Additionally, drivers are encouraged to check the status of their self-certification at MassRMV.com. For a driver to verify their license status including selfcertification, visit the RMV web site, www.MassRMV. com; select ‘Online Services’. Scroll down to ‘Check My Status’. Select ‘License Permit Status’. Enter the authentication information requested. Drivers will be able to see their license status and their current selfcertification status. Failure to complete driver self-certification by April 30, 2014, or failure to re-certify by the self-certification expiration date thereafter, will result in the downgrade of the driver’s CDL to a Class D License. The RMV is reminding CDL holders that the Federal Motor Carrier Safety Administration announcement of January 10, 2014 only extends the date that drivers must carry a physical copy of their US DOT Medical Certificate with them for an additional year, until January 30, 2015. n

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MassDOT Amends its DBE Special Provisions Note: I would like to acknowledge the assistance of my colleague, Scott McQuilkin, who prepared this article. Scott is an Associate at Hinckley Allen LLP’s Construction and Public Contracts Group.

MassDOT recently amended several sections of its Special Provisions regarding Minority/Disadvantaged Business Enterprise (“DBE”) requirements. While contractors should know the amendments in their entirety, three of the more significant changes concern (1) joint checks; (2) prompt payment; and (3) the procedure for terminating DBEs. Being aware of these changes to the DBE Special Provisions is important because even innocent DBE violations made in good faith will not be taken lightly by state and federal awarding authorities, who often are under political pressure to escalate their DBE enforcement efforts. Contractors unfamiliar with DBE requirements therefore risk unknowingly violating the requirements, and incurring sanctions.

Issuing Joint Checks to DBEs Under the amended DBE Special Provisions, general contractors can issue joint checks to DBEs. This may make it easier for general contractors to comply with DBE requirements, but contractors must follow the established procedures in order to obtain MassDOT approval for joint checks: • The DBE must advise the general contractor that the DBE needs the general contractor to use a joint check arrangement, and must provide proof of the need. • The general contractor must submit a request for approval of a joint check arrangement to MassDOT using MassDOT’s “Joint Check Request Form” and a “DBE Letter of Intent.” • MassDOT reviews the request. If the request is approved, MassDOT will monitor the arrangement closely throughout the project, including by requesting copies of cancelled checks and/ or other information to verify any payments.

FEBRUARY, 2014

• Payments must be made in the name of both the DBE and the vendor or supplier. Payments should be issued and signed by the general contractor as only the guarantor for prompt payment. The payment to the vendor or supplier should be handled by the DBE. In deciding whether to approve a request for joint checks, MassDOT will consider the following factors, which are designed to ensure the DBE is performing a “commercially useful function” (i.e., that the DBE is primarily responsible for performing, managing, and supervising its scope of work): • Whether using joint checks is required as “standard industry practice” that applies to DBEs and non-DBEs for the type of vendor requiring a joint check, or whether the vendor requires joint checks on this particular project. • Whether payment would be delayed unreasonably without joint checks. • Whether the general contractor requires the continued on page 21

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• Obtaining the prior written consent of MassDOT to terminate the DBE (MassDOT’s consent is required even if the DBE is to be replaced by another DBE); and • Having “good cause” for the termination.

DBE to use a specific vendor or supplier to meet its subcontractor specifications. • Whether the DBE or any of its subcontractors has a history of not paying a vendor within a reasonable time, or has not established a sufficient credit history with the vendor. The DBE must show it has tried to establish alternate arrangements. This is only a partial list. A complete list of the factors considered by MassDOT is in Section 6(c) of the Special Provisions.

Prompt Payment Provisions Contractors should also know their obligations to promptly pay and release retainage to DBEs. Under Section 8(n) of the Special Provisions, the general contractors must pay all subcontractors, including DBEs, “within ten (10) business days from the receipt of each payment the [general contractor] receives from MassDOT.” The general contractor also must pay all subcontractors in full, including retainage, within ten (10) business days after the subcontractor has completed all of the work required under its subcontract (contractors should note that the timing of this final payment is tied to the subcontractors’ completion of work – not to the general contractor’s receipt of payment from MassDOT). General contractors who do not comply with this provision may face sanctions, including the withholding of payments from MassDOT until all payments due to the subcontractor have been received, and referral to the Prequalification Committee for action that may affect the general contractor’s qualification status for bidding on future projects.

“Good cause” includes a DBE’s refusal to execute a subcontract, failure to perform work consistently within normal industry standards, and the ineligibility of the DBE to receive DBE credit for the work required on the project. A full list of MassDOT’s examples of “good cause” is in Section 8(m) of the Special Provisions. As with the failure to follow the prompt payment provisions, if a general contractor fails to follow the proper steps for termination, it could be subject to sanctions under Section 9, including suspension or termination of the contract and modification or revocation of prequalification status.

Conclusion General contractors should familiarize themselves with the amended DBE Special Provisions to ensure compliance with the Provisions, and to avoid the risk of unknowingly violating the Provisions. n

Termination of DBEs The amended Special Provisions also detail the steps that general contractors must take before terminating a DBE. The three main requirements are: • Providing the DBE with written notice of the general contractor’s intent to terminate the DBE, and giving the DBE five days to respond to the notice by sending a response/objection to both the general contractor and MassDOT;

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UCANE’s Third Annual Appreciation Night Trade Show Wednesday Evening, March 19, 2014 prior to our Annual Forecast Dinner Meeting Four Points by Sheraton Hotel • Norwood, MA

Trade Show booths offered at NO COST to Construction Outlook Magazine Advertisers only. If you are not currently advertising in Construction Outlook, we hope you will consider placing an ad. Our monthly magazine showcases your products and services to contractors who use them. The Trade Show is a great opportunity to meet with UCANE members and guests face-to-face. For more information call Suzanne at the UCANE office for advertising rates.

FEBRUARY, 2014

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CONTRACTOR MEMBER OF THE MONTH

Installation of Proposed Precast Throttle Structure

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FEBRUARY, 2014

Receives the Highest Grades on Every Level It’s never polite to ask someone their age or judge their abilities and capabilities by your own preconceived expectations. If you really want to know about a person or a company, just take a look at their track-record. Let the owners speak about their goals and assess the experience and knowledge of their management team and key employees. Then listen to what others, who have worked side-by-side with them, have to say. Learn from the locals whether the company principles believe in philanthropy and whether community and social responsibility is in their DNA. Once you’ve collected all this information, now you’ve earned the right to judge. Case-inpoint, meet Baltazar Contractors, Inc. and the three Baltazar members, Paulo, Dinis, and Francisco because they and their company receive the highest grades on every level. continued on page 26

FEBRUARY, 2014

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Baltazar Contractors, Inc. continued from page 25

Young but Old School Wise Baltazar Contractors, Inc. of Ludlow, MA is a relatively new company in the construction industry, when compared to many UCANE member firms that are celebrating 50, 60, or more years in business. Formed in 1992, Baltazar Contractors will celebrate its 22nd anniversary in March and while a relatively young company, it’s a hands-on, family owned, multifaceted construction company which performs its work by following old school standards. What are old school standards? Ask Paulo, company president and he’ll tell you, “It’s employing the most experienced and knowledgeable personnel, from the project manager on down; dedicating yourself and your company to the successful completion of every project; and finally delivering a product that exceeds the customers’ expectations.”

Auger drill 30 feet deep using LoDril to install approximately 240 H-Piles for lagging and support of excavation.

Municipalities Recognize Company’s Old School Standards While most companies strive for these goals, in reality few probably attain them. As if to make certain that our readers and members knew what he meant, Paulo produced several letters of recommendation from a wide range of agencies with whom he had done business. From the Southington, CT Town Engineer, “Without your efforts, the project would have been far more difficult especially in light of the field problems and weather conditions. All the people involved are a credit to Baltazar…It has been my honor to work with you and look forward to working with you again in the future.” From the Wilbraham Director of Public Works, “It was a pleasure working with your foreman and would not hesitate hiring your company again.” Letters from the Fire Marshalls of the Towns of Cheshire, MA and Coventry, CT each complimented both the Baltazar personnel and those working for their affiliate, Bay State Blasting, for their professionalism and cooperation. Another Certification of Recognition came from the Ludlow, MA Board of Selectmen expressing gratitude for the company’s contribution to the reconstruction of the Ludlow Boys Club Indoor Pool. Taken in total, the Baltazar family and their employees have much to be proud of.

Multifaceted Construction Services During their 22 years in business, Baltazar Contractors has demonstrated extensive capabilities which range from underground utility construction, including installation of sewer, drain, and water pipe with emphasis on performing CSO projects; to heavy and highway construction, including road reconstruction, reclamation, and milling; site development and streetscape improvements, including the installation of curbing and sidewalks, and drilling, blasting, crushing, and demolition. According to Dinis, company secretary and treasurer, the wide range of services offered

Sliplining approximately 1200 linear feet of 84-inch existing brick pipe with 72-inch FRP.

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FEBRUARY, 2014

is a result of hard work by all their employees; successful projects which lead to more projects; and always looking toward the future and how best to expand. “The company’s journey to success is always under construction. With an industry that is constantly changing, we believe it is important to make investments in new technology. We are not tied to the old way of doing something and are willing to try new techniques, such as trenchless pipe installation when they are introduced and proven.” Additional services provided by Baltazar include demolition, drilling and blasting, asbestos abatement and removal, and commercial snow removal.

Springfield, MA Washburn CSO Control Project

port of excavation of the proposed 30-inch sewer. Beams were installed using LoDril approximately 10 feet on center and 35 feet deep, and wells were installed along the street to reduce groundwater. Simultaneously, structural rehabilitation of the Garden Brook Sewer’s 66-inch diameter brick pipe is being performed using EcoCast Trenchless Technology, as the existing 66-inch main runs underneath buildings on several blocks crossing Main Street in Springfield. At times, this existing 66-inch brick pipe required support to allow the installation of new twin 24-inch FRP drains underneath the pipe. This project was funded in part by the Massachusetts Water Pollution Abatement Trust.

Benefits from the Washburn CSO Control Project

One of Baltazar Contractors current projects is the $16.9 million Washburn CSO Control Project in the city of Springfield, MA, which is scheduled to be completed in the summer of 2014. Kyle Murphy, project manager, has 546 calendar days to complete this challenging project and it appears that he’s right on schedule. According to Kyle, the nature and scope of the work includes the construction of approximately 180 linear feet of 60-inch steel casing pipe jacked under a railroad crossing, including a 48-inch diameter FRP drain pipe to be installed within a 60-inch steel casing. Prior to the sliplining of an 84-inch CSO with 72-inch FRP, the existing sewer within the 84-inch drain must be temporarily relocated, until a new 30-inch diameter sewer is installed adjacent to and lower than the existing 84-inch CSO. In order to maintain the schedule, H-Beams were auger drilled (no vibration next to 84-inch old brick sewer) for sup-

According to the Springfield, MA Water and Sewer Commission, the awarding authority, the benefits from the CSO Control project include: • Clean rivers in the Springfield area for fishing and boating. • Renewal and improvement of collection system infrastructure, which will improve the level of service for sewers. • New sidewalks and paved streets at project site. • Improved system operational flexibility to control CSOs and maximize treatment during heavy rains. • Compliance with Massachusetts DEP and U.S. EPA requirements.

Pipe Jacking approximately 180 linear feet of 60-inch steel casing pipe jacked under a railroad crossing.

Installation of twin 24-inch FRP drain lines approximately 20 feet deep including support under existing 66-inch sewer.

FEBRUARY, 2014

continued on page 29

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“Nationally Ranked First-Tier in the Litigation-Construction category by U.S. News & World Report and Best Lawyers”*

U.S. News and Best Lawyers considered more than 10,000 law firms in 170 metropolitan locations *Source: U.S. News Media Group and Best Lawyers

Many thanks to our clients, peers and friends whose comments contributed to our being awarded a first-tier national ranking in the Litigation-Construction category.

h i n c k l e y a l l e n . c om ALB AN Y

B OS T ON

C ON C O R D

H A RTFORD

N EW YORK

PROV IDEN CE

Hinckley, Allen & Snyder LLP, Attorneys at Law

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FEBRUARY, 2014

Baltazar Contractors, Inc. continued from page 27

Previously Completed Baltazar Projects (2010-Present) Francisco Baltazar provided information on the company’s last five projects.

Four Mile Road – Area Sewer Project West Hartford, CT/ MDC (2013)

As GC, Baltazar was responsible for sanitary sewer improvements, including sewer replacement and private inflow removal work, cured-in-place lining, earthwork, fill materials, dewatering and drainage, maintenance of sewer and drainage flow, connecting existing sewer and drain pipe and structures, pre- and post-construction television inspection, temporary and permanent paved surface restoration, surface restoration, traffic management and control during construction, environmental protection measures and landscaping.

Mountain Farms Area Sewer Project West Hartford, CT/MDC (2013)

As GC, Baltazar was responsible for the installation of new 8-inch sanitary sewer mains (approximately 5,020 linear feet) in the lower portion of the Mountain Farms area.

Burton Street CSO Separation Project Hartford, CT/ MDC (2010-2012)

As GC, Baltazar was responsible for replacement of 4,150 linear feet of 8-inch ductile iron pipe, installation of 1,810 linear feet of 12-inch PVC, 280 linear feet of 15-inch PVC drain pipe and 4,470 linear feet of 6-inch PVC drain laterals, installation of 2015 linear feet of 8-inch PVC, 435 linear feet of 10-inch PVC and 5180 linear feet of 6-inch PVC sanitary sewer main, performed interior replumbing of 82 residential homes and roof leader separation of approximately 45 homes, full depth road reconstruction including curb, sidewalks and driveways.

Road Reconstruction

West St. (Rt. 116), Amherst, MA/MassDOT (2011-2012)

As GC, Baltazar was responsible for cold planing and resurfacing roadways, full depth reconstruction, removing and stacking or resetting of existing granite curb, installation of new granite curb, construction of sidewalks, drainage improvements, construction of driveway aprons, wetland replication, loaming and seeding, installation of signs and pavement mark-

Burton Street Drain Separation Project ings, and construction of a multi-use path with two pavement sections: a dense graded pavement and a porous pavement section.

Road Reconstruction

Pleasant Street, Holyoke, MA/MassDOT (2012)

As GC, Baltazar was responsible for roadway and sidewalk rehabilitation consisting of a 1.5-inch micromilling of the existing roadway surface and a 1.75inch hot mix asphalt (HMA) top course overlay. The existing concrete sidewalks were replaced with a new gravel base and cement concrete sidewalk surface. ADA/AAB compliant wheelchair ramps were added at street crossings. Areas disturbed adjacent to the existing sidewalk were restored with loam and seed to match the existing lawn areas. Also, the drainage system was modified in areas of pavement narrowing to accommodate the new curb layout. Several catch basins were replaced and/or converted to manholes.

UCANE is proud to count Baltazar Contractors, Inc. as a longtime and respected member of our Association and wishes the Baltazar family continued growth and success. n FEBRUARY, 2014

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New UCANE June ad 2012.indd 1

FEBRUARY, 2014 6/8/12

3:11 PM

Richard Wayne, Esq., Hinckley Allen, LLP

Reminder: New OFCCP Veteran and Disability Rules Become Effective March 24, 2014 The Office of Federal Contract Compliance Programs (“OFCCP”) oversees non-discrimination and affirmative action on federal construction and non-construction contracts. On August 27, 2013, OFCCP amended its compliance regulations for veterans and, independently, persons with disabilities. With a limited exception for required changes to Affirmative Action Plans (“AAP”), these new rules become effective March 24, 2014. However, employers are not required to amend their AAPs to incorporate these required changes before the expiration of their current AAP’s plan year. This article will very briefly identify some of these new requirements. 1. Contractors subject to new rules. The new Veteran’s Rules will be applicable to contractors and subcontractors with federal contracts in excess of $100,000. Contractors and subcontractors with contracts in excess of $100,000 and fifty (50) or more employees are subject to the new AAP requirements. The Disability Rules apply to contractors and subcontractors if their contract is $10,000 or more. The AAP requirements apply to contractors or subcontractors with contracts in excess of $50,000 and fifty (50) or more employees, and likewise, the new AAP requirements become effective after expiration of the current plan’s year. 2. Hiring Benchmarks. For the first time, OFCCP has set a hiring benchmark requirement. In regard to veterans, the hiring benchmark is either equal to the percentage of veterans in the national workplace (currently 8 percent) or the contractor or subcontractor can establish its own benchmark using five (5) OFCCP specified factors. In the case of

FEBRUARY, 2014

veterans, this benchmark can be applied at either the contract level or to individual job groups. The disability benchmark is set at 7 percent for each job group and each AAP. 3. Benchmark Utilization Analysis. Under the new rules, contractors or subcontractors are required to perform a utilization analysis comparing total applicants, persons who have self-identified as either a veteran or disabled, overall hiring statistics to the benchmark. A Utilization Analysis must be performed on an annual basis. It must address the self-identification data, goal compliance issues, and any possible impediments that might have impacted attainment of the goals. This analysis must be maintained for three (3) years. 4. Pre-Hire Forms. Each of the new regulations requires that contractors and subcontractors attempt to identify persons in each of the protected categories. According to the OFCCP, this process begins with the use of a pre-hire form. In regard to continued on page 33

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FEBRUARY, 2014

Labor Issues continued from page 31 veterans, a Veteran’s Pre-Hire Form does not require specific language. By contrast, the OFCCP has authored its own pre-hire form to be used for soliciting self-identification of the disabled. 5. Electronic Communication. The OFCCP has developed detailed new requirements regarding the electronic solicitation of vendors and suppliers to place them on notice of affirmative action requirements and for compliance purposes. 6. Pre-audit Review. In these new rules, the OFCCP has placed contractors on notice that they reserve the right to audit their compliance with OFCCP regulations prior to any award involving a contract in excess of $10 million unless the contractor had undergone an OFCCP audit within the 24 months preceding the contract award.

SAND & STONE CORP. 192 Plain St. North Attleboro, MA 02760 (508) 699-2911 www.borocorp.com

Conclusion The new OFCCP Veteran and Disability Rules are comprehensive and require contractors to update their hiring processes, forms, and AAPs. n

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I n M emoriam

Leonard H. White R. H. White Construction Co., Inc .

Obituary for Leonard White

e are deeply saddened to announce the passing of Leonard H. White, Chairman Emeritus of R. H. White Construction Co., Inc. in Auburn, MA. Leonard passed away at his home in Worcester at the age of 94 on Tuesday, January 14. He was predeceased by his wife Anna, and leaves behind not only his children, grandchildren, and great-grandchildren, but all of the R. H. White family whom he dearly loved. It was Leonard’s energy, drive, and love for the construction business that helped him grow a small 50-person company into a multi-million dollar corporation with over 500 employees. The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathy and condolences to the White family. n

Leonard H. White, 94 of Worcester, MA die

husband of Anna Temple White for 65 years

New London, CT and the son of the late Ral

MA and graduated from Auburn High Schoo

March 1944 where he was a Lieutenant on a

Married in 1942, Anna & Leonard first resid

After Leonard’s three years of Navy service,

three more children Janie, David and Wendy

Leonard began his career as a gas engineer f

after receiving his mechanical engineering d

Public Service and another three years as an

at R. H. White Construction Co. in 1946 as a

Leonard’s energy, drive and love for the con

Serving the Bonding and Insurance needs of theservices utilities and industries throughout N N.E. construction industry for over 40 years. to a multi-million dollar corporation with ov

Adam DeSanctis Gregory Juwa James Axon week. Leonard served as its President from 1 Michael Carney Wilder Parks Michael Gilbert Bryan Juwa Emeritus until present. David Boutiette Paul Patalano Dick Caruso Leonard was also involved with many local

1977-1992, Auburn Rotary Club where he re FEBRUARY, 2014

many others.

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MWRA Advisory Board Contracts The Collins Center to Assess the Link Between Clean Water and Drinking Water Infrastructure and Economic Development By Matthew A. Romero Director of Communications, MWRA Advisory Board

In recent years, “infrastructure” has been one of the go-to buzzwords for state and national lawmakers. When “infrastructure” is uttered, the words “economic development” and “jobs” quickly follow – they’re almost inextricably linked. It’s generally accepted that public investment in infrastructure generates not only temporary construction jobs, but also stimulates job creation and leverages funds from the private sector. From a public sector standpoint, new businesses and the jobs that they create can generate new revenue for both the state and municipalities. What also tends to be inextricably linked to “infrastructure” are the words “roads and bridges” or “transportation.” After all, if people can’t get to an area, how can a business hope to operate? Everyone who’s ever sat in traffic, lost a tire to a pothole, or lamented over missing a train or bus transfer can attest that transportation systems can always be improved. Billions of dollars have been invested at all levels of government to improve or develop new roadways and transportation systems and have realized the economic growth that these improvements can make, which benefits everyone. However, another less evident set of infrastructures is often overlooked. Water and sewer services are so integrated into everyday life that they tend to become invisible. In fact, it isn’t until you turn on the faucet and nothing comes out that the average person even becomes aware that a service is being provided. One simply takes for granted that there will be water to drink, and drains to collect the runoff 24 hours a day, 365 days a year. Though critical to daily life, water and wastewater has unintentionally become the “forgotten infrastructure.”

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According to United Steelworkers’ (USW’s) Invest in America Infrastructure Series: “Every day the U.S. has an estimated 745 to 850 water main breaks. We have dilapidated sewer systems that contaminate waterways and drinking water. Some of our water infrastructure is more than a century old. It impacts businesses, residences, and more.” Existing water and sewer infrastructure is critical to daily life, and its failure often has dramatic and catastrophic repercussions. Preventing these failures and maintaining these services by investing in infrastructure also has an additional benefit. The Associated General Contractors of America estimates that “$1 billion of infrastructure spending supports $3.4 billion of GDP, $1.1 billion of personal earnings and 28,500 jobs.” Clearly, at the national level, there is an awareness of the importance of protecting existing water/wastewater infrastructure and its potential benefits, but how has that discussion faired in Massachusetts? continued on page 39

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Infrastructure continued from page 37

ing in water and wastewater infrastructure has a direct economic benefit. Until now, there had only been anecdotal evidence to support this argument. With that in mind, the Advisory Board contracted the Edward J. Collins, Jr. Center for Public Management to examine this issue and affirm this assertion. The Collins Center first began by examining existing academic research and studies, and their findings confirmed the relationship between water/ wastewater infrastructure investment and economic growth. Specifically, their findings showed that a $1 investment in water/wastewater infrastructure can generate anywhere from $2 to $14 in new taxes over time. Similarly, the same $1 investment can generate $2.62 to $6.77 in the private economy. In any event, previous academic research indicated a significant potential return on investment. To put this in perspective, if the investment were at the $200 million level which is being proposed in some pending legislation, those numbers would be $400 million to $2.8 billion in new taxes and $524 million to $1.4 billion generated in the private economy. The Collins Center then examined specific case studies in Massachusetts where investment in water/wastewater infrastructure generated an economic benefit (Table 1): continued on page 41

In response to an increasing awareness of water and wastewater infrastructure needs in the Commonwealth, the Legislature formed the Water Infrastructure Finance Commission (WIFC) (Chapter 27 § 145 of the Acts of 2009) to examine the issue and recommend funding options moving forward. The Commission included representatives of many different entities and agencies both public and private, including UCANE. After thoroughly exploring the issue, the WIFC filed their report in 2012 with key recommendations, including: • Increase funding • Assist municipalities, districts, and Authorities in retiring existing debt • Promote environmental sustainability • Address affordability • Reduce costs and finding efficiencies • Promote innovation The WIFC’s report helped to elevate the issue of water and wastewater, most specifically by identifying the $21.4 billion gap in water/wastewater resources. Buoyed by this analysis, the Advisory Board wanted to test its long maintained belief that invest-

TABLE 1 Increased Annual Local Projected Projected Increased State Revenue Property Population Job Local Buying (from jobs only) Location Project Tax (annual) Growth Growth Power (est.) (est.) Boston Seaport District

$75m (current)

8,123

16,000

$110,086,004

$12,264,486

Stoughton MWRA(2003)

$4.5m (increase in commercial tax levy)

4,614

753

$62,533,542

$577,197

2,500

$1,916,326

389

$315,000

1,000

$806,000

Taunton

Miles Standish $7.8m (projected) Industrial Park

Framingham* Genzyme Expansion

$1m

Lynnfield* Colonial Lynnfield Development

$1.75m

TOTALS

12,737 20,642

$172,619,546 $15,879,009

* Prepared by MWRA Advisory Board staff

FEBRUARY, 2014

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Infrastructure continued from page 39 Between five of the projects included in the report over 20,000 jobs were created and $106 million per year in new state and local revenues were generated. Additionally, the Collins Center examined specific case studies where economic and revenue potential is unrealized due to lack of adequate infrastructure (Table 2). Between two cases they found the potential for 6,833 new jobs and the potential to generate $62 million per year in state and local revenues. All of these jobs and all of this revenue could not, however, be realized due to insufficient water and wastewater infrastructure to support the projects being proposed. In addition to these two case studies, the Collins Center used MAPC’s MetroFuture Plan, which identifies projected job growth by community. They then cross-referenced this projected job growth with the communities identified as “potentially constrained” by the Safe Water Management Initiative (SWMI). What they found was that as many as 44,200 jobs

(approximately 19 percent) projected in the MetroFuture Plan were in jeopardy due to a lack of adequate water infrastructure to support future growth. Another interesting fact found in the Collins Center’s academic research was that, in general, states get greater returns from investing in water and wastewater systems than from investing in highways. While everyone acknowledges the importance of transportation infrastructure, this report has helped to corroborate the Advisory Board’s long-held belief that investing in water/wastewater infrastructure has a direct economic benefit at both the local and state levels.

The hope is that providing this report at a time when the “forgotten infrastructure” is once again taking center stage will help to underscore the importance of this investment and help to unlock the economic potential for cities and towns, as well as the Commonwealth. To view the full report from The Collins Center go to: www.mwraadvisoryboard.com n

TABLE 2 Increased Annual Local Projected Projected Increased State Revenue Property Population Job Local Buying (from jobs only) Location Project Tax (annual) Growth Growth Power (est.) (est.) Somerville Union Square & Boynton Yards

$45m (projected)

1,947

Weymouth Southfield

$11.2m (projected)

6,766

TOTALS 8,713

4,300

$26,380,915

$3,296,081

2,533

$91,704,342

$1,941,621

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Senate President Therese Murray Named MWRA Legislator of the Year The MWRA Advisory Board presented Senate President Therese Murray with its Legislator of the Year Award for her work and dedication in furthering the conversation about water and wastewater infrastructure funding. UCANE wishes to extend its congratulations to Senate President Murray on receiving this prestigious award.

(L-R) MWRA Executive Director Fred Laskey, MWRA Advisory Board Chair Katherine Dunphy, Senate President Therese Murray, and MWRA Advisory Board Executive Director Joseph Favaloro

Don’t dig yourself into trouble... The Perfect Excavation: • Pre-mark the location of intended excavation using white stakes, paint or flags. • In MA, ME, NH and RI, notify Dig Safe® at least 72 business hours in advance. • In Vermont, notify Dig Safe® at least 48 business hours in advance. • Notify non-member facility owners. • Maintain the marks placed by underground facility owners.

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• Use caution and dig by hand when working within 18” of a marked facility. • If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged. • Call 911 if the damaged facility poses a risk to public safety. • Know your state’s excavation requirements. Go to digsafe.com for educational material and current laws.

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Environmental Viewpoint Robin L. Main, Esq.

Rhiannon Campbell, Esq.

Hinckley Allen, LLP

Environmental Compliance Requirements for Emergency Projects Note: Robin L. Main is a Partner in Hinckley Allen LLP’s litigation group and co-chair of the firm’s environmental practice group. Rhiannon A. Campbell is an Associate in Hinckley Allen LLP’s litigation and environmental practice groups.

n July of 2012 President Obama signed the Moving Ahead for Progress in the 21st Century Act into law, including Section 1315, which required the Secretary of Transportation to promulgate rules to categorically exclude some emergency repair and restoration projects from certain requirements of the National Environmental Policy Act (“NEPA”). The final rule, made effective on February 19, 2013, amended the Federal Highway Administration and Federal Transit Administration’s joint procedures for implementation of NEPA.

Under the rule, the categorical exclusion exempts certain agency projects from having to prepare an environmental assessment and environmental impact statement, both typically required under NEPA. However, these projects are not excluded from complying with other environmental requirements such as the Endangered Species Act or the Clean Water Act. Eligible projects include the repair, replacement, or reconstruction of roads, highways, bridges, tunnels, and transit facilities (bus stations and ferry docks, for example) that have been damaged by an emergency. The emergency must be one that has been officially declared either by the President or by the Governor of the state and concurred by the Secretary of Transportation. To be excluded from the environmental requirements, a project must be in the same location as the

FEBRUARY, 2014

damaged road, highway, bridge, tunnel, or transit facility, and must be of substantially the same capacity, dimensions, and design. It must also be commenced within two years of the declaration of an emergency. Upgrades that are implemented to meet existing codes and standards are also permitted.

If you are commissioned by an agency for construction work on such a repair or restoration project you should inquire about the applicability of the categorical exclusion. If applicable, the project may be excluded from certain environmental compliance requirements, saving both time and money. n

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President Obama Enacts $1.1 Trillion Federal Fiscal Year 2014 Omnibus Appropriations Bill By Robert A. Briant, Jr., Chairman Clean Water Construction Coalition

n January 17, President Obama signed into law the $1.1 trillion Consolidated Appropriations Act of 2014. This action avoided another government shutdown and will fund all federal discretionary programs until September 30, 2014. The President’s action followed votes by the House (359-67) and the Senate (72-26) in favor of the funding measure. The omnibus appropriations bill funds the FY 2014 Clean Water SRF program at $1,448.9 billion as compared to $1,451.8 billion for FY 2013, but $353.9 million more than the President’s funding request. The Safe Drinking Water SRF is funded at $906.9 million as compared to $908.7 million for FY 2013 but $89.9 million more than the President’s funding request. (Note: It appears, with the exception of the Buy American Act being added to the bidding requirements, no major changes in regulations have been added.) The Army Corps of Engineers is funded at $5.467 billion for FY 2014 which is a 10 percent increase from the $4.718 billion level of FY 2013. All of the Army Corps’ six separate programs will see increases under the spending measure. Transportation also fared well under the FY 2014 appropriations act. The Highway Program investment will be $40.3 billion as compared to the $39.64 billion

FY 2013 program. The federal TIGER grant program will continue at a level of $600 million, Public Transit will receive approximately $10.7 billion, the federal Airport Improvement Program will be funded at $3.35 billion, and Amtrak will receive $1 billion for its capital program. The omnibus appropriations bill follows the 2-year budget agreement that was reached by Congress back in December. Sequester relief was evenly provided to defense programs and federal discretionary spending programs. Spending cuts were also joined by the enactment of new federal fees. continued on page 47

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CWCC continued from page 45

House and Senate Continue Conference Negotiations on Water Resources Development Act

U.S.

House and Senate conference issue is resolved, other matters will be finalized including the WIFIA component of the measure and members continue to negotiate possibly Clean Water reauthorization. the final version of the Water Resources Development Act. The Senate approved its CWCC representatives will continue to agmeasure last May while the House passed its bill in gressively advocate for the Coalition’s needs in late October of 2013. The House and Senate bills the WRDA legislation. continued on page 49 differ in several ways, most importantly, the Senate legislation contains a WIFIA loan component while the House measure is silent on this issue. Aon Risk Solutions Construction Services Group Conference members and staff continue to debate the major components of the conference bill. The most recent issue that needs to be settled is the cost of the bill. The original price tag for the WRDA legAs the leading provider of risk solutions to the construction industry, Aon islation was approximately $8 Construction Services Group partners with clients to provide insighful billion, however, Senator David analysis, strategic direction and creative solutions backed by our dedicated Vitter (R-LA), ranking Republiteam of construction experts and the strength of Aon’s global network. can on the Senate Environment and Public Works CommitLet Aon Construction Services Group empower your growth, profit and continuity. tee and Conference member, aon.com/construction is insisting that $7 billion be Kevin White, CEO Brian Driscoll, Managing Director Paul Healy, National Contract Surety added to the WRDA measure 617.457.7717 617.457.7668 617.457.7719 to fund an immense levee projKevin.White@aon.com brian.driscoll@aon.com paul.healy@aon.com ect in Louisiana. Senator Vitter Mark Herendeen, Surety Michael Scott, Insurance Mark Toglia, Wrap-Up 617.457.7715 617.457.7699 617.457.7727 is running for Governor in his mark.herendeen@aon.com mark.toglia@aon.com home State and the Republicans want to help support his chances to win. In addition to Senator Vitter’s $7 billion project add-on, Committee Chairwoman Senator Barbara Boxer now wants to include $7 billion for future unidentified projects. The cost for the WRDA bill could potentially triple to $21 billion and the resources to offset these increases have yet to be identified. Current conference discusRisk. Reinsurance. Human Resources. sions focus solely on the cost issue of the bill. Once the revenue

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CWCC continued from page 47

President Obama Urges Congress to Act on Infrastructure Bills

resident Obama urged U.S. House and Senate members to act on several infrastructure funding measures pending in Congress during his “State of the Union” address to the nation on January 28, 2014. The President was referring to the Water Resources Development Act (WRDA) and the reauthorization of the Moving Ahead for Progress in the 21st Century Act (MAP-21). The WRDA legislation is currently being reconciled by a House-Senate Conference Committee while MAP-21 reauthorization hearings have just begun in Congress. The President noted his support for both of these infrastructure funding bills, however, he did not identify any specific funding mechanism to pay for the proposals only noting that savings from closing corporate tax loopholes in the federal tax laws could be used to fund these proposals. While using increased corporate tax collections to help fund federal infrastructure construction programs is useful, it is more prudent and fiscally responsible to identify a stable dedicated revenue stream fund to the nation’s investments in our transportation and waterway systems. n

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2014 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 2014. IMPORTANT: In the event the applicant receives a full first year scholarship from the college of his/her choice, or from any organization, 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. personal 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 applicant’s 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, 2014.

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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IN THIS ISSUE: • SEP Plans Go Separate Ways • Mixing IRA Distributions With Social Security • The “Other” April 15 Deadlines

Smart Tax, Business & Planning Ideas

SEP Plans Go Separate Way

SEP Plans Go Separate Ways

implified employee pension (SEP) plans are commonly used by selfemployed individuals and others with part-time self-employment income. In addition, SEPs can offer many benefits to small companies, so business owners may want to consider using a SEP for themselves and the firm’s workers. On Your Own

Self-employed individuals choose SEPs for several reasons. There are virtually no costs or paperwork to setting up and maintaining a SEP. Many financial firms offer them, and the investment options are broad. Contribution limits are generous, with a $52,000 maximum for 2014. (SEP contributions may be as high as 25% of compensation, but special rules effectively limit contributions to around 20% of your net self-employment income.) In addition, SEPs offer a rare opportunity to make retroactive tax deductions. Each year, you can deduct SEP contributions made until the filing date of your tax return, including extensions. Example 1: Beth Carson, a freelance graphic artist, qualifies for a $15,000 SEP contribution based on her 2013 earnings. On April 1, 2014, Beth contacts a mutual fund company and creates a SEP, funded with a check for $15,000. As long as Beth makes the contribution by the time she files her 2013 tax return on April 15, she can take a $15,000 tax deduction on that return. If Beth can’t make that deadline, she can request an automatic filing extension until October

FEBRUARY, 2014

20% of your income.) In additio opportunity tax deductio deduct SEP until the fili return, inclu Example freelance gra a $15,000 S on her 2013 2014, Beth c company an Simplified employee pension (SEP) plans with a check for 15, giving her an extra six months to make a deductare commonly used by self-employed makes the contri ible SEP contribution. individuals and others with part-time files her 2013 tax self-employment income. In addition, Strictly Business can take a $15,0 SEPs can offer many benefits to small Small companies also can use SEPs. Again,return. the If Beth ca companies, so business owners may want she simplicity of such plans, the flexibility, and the highcan request a to consider using a SEP themselves extension until O ceiling for contributions mayfor make SEPs appealing to and theowners. firm’s workers. an extra six mon business Employers must fill out and retain SEP contributio IRS Form 5305-SEP to establish the plan, but there

ownrequired filings with the IRS. The areOn no your subsequent downside is that SEP is funded entirely Self-employedaindividuals choose SEPsby employStrictly busin er for contributions; SEPs are different from and companies several reasons. There are virtually401(k)sSmall similar plans, which are funded largely by employees’ Again, the simpl no costs or paperwork to setting up and salary deferrals.a SEP. Many financial firms the flexibility, an maintaining To set up a SEP for your company, you merely contributions ma offer them, and the investment options have sign Contribution a document with theare financial firmto you business owne are to broad. limits have chosen. Then you must notify each eligible emfill out and retain generous, with a $52,000 maximum for ployee plan and create to establish the p 2014.about (SEPthe contributions mayan beaccount as high (a SEPcontinued on page 55 as 25% of compensation, but special rules effectively limit contributions to around

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subsequent requ The downside is

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Financial Management continued from page 53 IRA) for each qualified employee at the financial firm.

Trusted Advice

Once the plan is established, your company must make equivalent contributions for each eligible employee, as a percentage of compensation.

SEP Requirements

Example 2: ABC Corp. has two co-owners and four employees. If the owners want maximum SEP contributions of 25% of their pay, the company also must contribute 25% of pay to the SEP-IRAs of the other four employees. (See the Trusted Advice box for guidelines for which employees must be included in a SEP.) Fortunately, SEP-IRAs are flexible. Even if ABC makes a 25% contribution in a given year, it can make a contribution of any percentage of pay in the following year. The company also can skip contributions altogether, if cash is tight. With a SEP, business owners have plenty of time to decide about contribution levels. You can set up and make deductible contributions to a SEP plan as late as the due date (including extensions) of your company’s income tax return for that year. Therefore, your company still has time to set up a SEP plan and make deductible contributions for 2013.

When a company has a SEP plan, it must include all employees who have done all of the following: • Reached age 21 • Worked for the company in at least 3 of the last 5 years • Received at least $550 in compensation from your business for the year, subject to annual cost-of-living adjustments in later years Your company can impose less restrictive requirements, such as reaching age 18 or working there for 3 months. Certain union members and nonresident aliens may be excluded.

continued on page 56

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restrictive requirements, such as reaching age 18 or working there for 3 months. Certain union members and nonresident aliens may be excluded.

Financial Management continued from page 55

co-owners and four employees the owners want maximum SE contributions of 25% of their p the company also must contrib 25% of pay to the SEP-IRAs of other four employees. (See the

Mixing IRA Distributions With Mixing IRA Distributions With So Social Security

any workers save for the future in a 401(k) or another employer sponsored retirement plan. Contributions avoid income tax, and the same is true for investment earnings inside the plan. Often, 401(k) participants roll over the money to a traditional IRA after they retire, which extends the tax deferral. Many people try to keep their IRAs intact as long as possible, continuing tax free buildup inside the plan. Example 1: Alice Wells retired at age 62. To make up for her lost earnings, Alice draws down her taxable accounts, so her IRA can keep growing untaxed. Alice’s plan is to wait as long as possible before taking distributions from her IRA. (She’ll have to take at least the required minimum distributions from her traditional IRA after age 701/2.)

Many people try to keep thei IRAs intact as long as possible, continuing tax free buildup insi the plan. Example 1: Alice Wells retired at age 62. To make up her lost earnings, Alice draws down her taxable accounts, so her IRA can keep growing untaxed. Alice’s plan is to wai as long as possible before taki distributions from her IRA. However, once she retires, Alice finds (She’ll that she have is to take at least the still short of cash flow. She can start to receive Social required minimum distributio Security retirement benefits early as age so Many workers save for as the future from 62, her traditional IRA after a 401(k) or another age monthly 70½.) Alice puts ininher claim to getemployer the additional sponsored retirement plan. However, once she retires, income. Contributions avoid income tax, Alice finds that she is still shor and the same is true for investment Lower Brackets are Likelyof cash flow. She can start to earnings inside the plan. Often, receive Social Security retirem 401(k) participants roll over the is followed benefits as by early as age 62, so Alice’s strategy, as described, money to a traditional IRA after they Alice puts in many seniors. That is, they take Social Security earlyher claim to get t retire, which extends the tax deferral. additional monthly income.

and eventually tap their IRA. That may not always be the best approach. continued on page 57 2

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Financial Management continued from page 56 What might indicate taking a different route? Taxes, for one thing. The value of tax deferral depends on your tax bracket. The higher your bracket, the more putting off the IRS makes sense. Suppose Alice typically was in a 28% or 33% tax bracket during her working years. In 2014, those brackets cover single taxpayers with about $90,000 to $400,000 of taxable income after deductions. Deferring income tax while she worked saved Alice 28 cents or 33 cents on the dollar. Now that she’s retired, Alice’s taxable income is sharply reduced. In our example, Alice can tap her IRA for cash flow and keep taxable income below $90,000, which would put her in the 25% bracket. At 25 cents on the dollar, tax deferral isn’t as valuable as it was during her working years. On the other hand, taking IRA distributions and paying 25% tax isn’t as painful as it would be in a higher bracket. Indeed, many retired couples are in the 15% bracket now, which goes up to nearly $75,000 of taxable income, after deductions. Such couples will owe even less tax on IRA distributions.

A Plumper Pension

Did You Know?

he average cost of tuition and fees at private nonprofit four-year colleges rose by $1,105 (3.8%), from $28,989 in 2012–13 to $30,094 in 2013–14. The average total charges, including room and board, are $40,917.

Source: The College Board she’ll need from her IRA. If that’s the case, Alice will be substituting Social Security dollars, which are partially taxed under current law, for traditional IRA distributions, which usually are fully taxable. Building up Social Security benefits might have another appeal for married couples. When the first spouse dies, the survivor will receive the decedent’s Social Security payments, if they are larger than the benefits the survivor had been receiving. Thus, waiting to start Social Security may provide extra cash flow for a surviving spouse. This plan to tap your IRA early and wait to start Social Security will help some people but not others. Calculations involve each individual’s health and work history as well as some complicated navigation through the tax code. continued on page 58

There’s another reason to consider reversing the plan to take Social Security early and IRA distributions late. The longer you wait to start Social Security, the larger your monthly benefits will be. Example 2: Suppose that AlWater Works Specialist ice Wells has an earnings history John Hoadl Water Works Specialist Tel:781-878-8098 Fax:781-878-5298 that would qualify her to receive Water Works Spe Tel:781-878-8098 $2,000 a month at 66, which Social Tel: 781-878-8098 Fax: 781-878-5298 Security considers the “full retirethe Most Trusted NamesNames in theinIndustry” “OurIndustry” Products Are the Most Trusted N ment age” for people now “Our in theirProducts “OurAre Products Are the Most Trusted the � U.S. Pipe ● Cultec � U.S. Pipe ● Cultec Chambers 60s. If Alice starts Social Security � Mueller Fire Hydrants ● Nation • U.S. Pipe • Cultec Chambers at age 62, she’ll get only � 75%Mueller of Mueller Tapping Sleeves & Valves ● ADS P Fire Pipe & Plastics • Hydrants Mueller Fire Hydrants ● National • National Pipe�� &Smith Plastics Blair Clamps & Couplings ● Genera that benefit: $1,500 a month, plus � Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers • Mueller Tapping Sleeves & • &ADS Pipe & Chambers Mechanical Services cost-of-living adjustments (CO� Tapping Sleeves & Gates Installed • Clamps Smith & Blair Clamps & Couplings • General Foundry Castings � Smith Blair Couplings ● General Foundry Castings LAs), for the rest of her life. � Line Stop / EZ Valves Mechanical Services � Cutting of Chilled Water Lines & On the other hand, Alice can Mechanical Services � Pressure Testing & Disinfection o � Tapping Sleeves & Gates Installed / Cut wait as late as age 70 to start So� Installation & Testing of Backflow • Tapping Sleeves & Gates Installed / Cut � Large Diameter Hydraulic Pipe C � Line Stop / EZ Valves cial Security. That would increase • Line Stop / EZ Valves � Hydrant Installation & Repair the monthly payment from her � Cutting of Chilled Water Lines & Steam Lines � Electronic Leak Detection • Cutting of Chilled Water Lines & Steam Lines full retirement age by 32%, from “Water-Sewer-Drain Supplies at a Com • Pressure Testing &&Disinfection � Pressure Testing DisinfectionofofNew NewMains Mains $2,000 to $2,640 a month, plus www.hoadleyandsons.com • Installation && Testing ofof Backflow � Installation Testing BackflowPreventers Preventers 24 24Hours Hours672 Union Street Rockland, MA all the COLAs along the way. Not • Large Diameter Hydraulic Pipe Cutting Sales& Service Sales & Service counting COLAs, waiting from 62 � Large Diameter Hydraulic Pipe Cutting • Hydrant Installation & Repair Serving allall ofof Serving to 70 will increase Alice’s annual � Hydrant Leak Installation & Repair New • Electronic Detection NewEngland England benefit from $18,000 a year to � Electronic Leak Detection $31,680 a year, which she’ll reSupplies at Supplies a Competitive Price” Price” “Water-Sewer-Drain at a Competitive ceive for the rest of her life.“Water-Sewer-Drain www.hoadleyandsons.com www.hoadleyandsons.com Once Alice starts to receive Social Security, those much larger 672 Union Street MA Rockland, 672 Union Street Rockland, 02370MA 02370 payments may reduce the amounts

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Financial Management continued from page 57

The “Other” April 15 Deadlines

s you are probably aware, April 15, 2014, is the deadline for filing your 2013 federal income tax return. If you are not ready to file by then, you can obtain an automatic six-month extension until October 15 by filing IRS Form 4868 by April 15. Keep in mind that this is a filing extension, not a payment extension. On the form, you will be asked to estimate any tax due and make a payment; a shortfall may generate interest and penalties. Also keep in mind that a filing extension doesn’t extend everything. Certain April 15 deadlines remain in place, no matter when you legitimately file your return. Traditional IRAs You can contribute to a traditional IRA for 2013 until April 15, 2014. Anyone who had taxable compen-

sation last year can contribute, as long as they were younger than 701/2 on December 31. You can contribute an amount equal to your taxable compensation in 2013 to your IRA, up to $5,500, or up to $6,500 if you were 50 or older at year-end. Both spouses can make maximum IRA contributions, if they file a joint return and their total combined compensation is at least the amount of those contributions. Just because most workers can contribute to a traditional IRA, it doesn’t follow that they can deduct their IRA contributions. To automatically qualify for a deduction, you can’t be covered by an employer’s retirement plan. If you are covered by an employer’s plan, your ability to take a deduction is determined by your modified adjusted gross income (MAGI). To get a full $5,500 or $6,500 deduction, your 2013 MAGI must be no higher than $59,000 (single filer) or $95,000 (joint return). With slightly higher MAGI, you can deduct part of your IRA contribution. The 2013 phaseout range for deducting traditional IRA contributions is $178,000–$188,000 of MAGI, continued on page 59

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Financial Management continued from page 58 for a noncovered spouse filing jointly with someone who is covered by an employer’s plan.

Roth IRAs The earned income and contribution limits for traditional IRAs apply to Roth IRAs as well, along with an April 15, 2014 deadline for making 2013 contributions. (You can fund both types, but the $5,500 and $6,500 annual ceilings apply to combined contributions to Roth and traditional IRAs.) Both types of IRAs shelter investment earnings inside the account from income tax. From there, these vehicles take different paths. With Roth IRAs, there is no age limit for making annual contributions, as there is for traditional IRAs. Roth IRAs are always funded with aftertax dollars; you never can deduct any contributions. However, all Roth IRA money qualifies for tax-free distributions after age 591/2, as long as the distribution is made after the 5-year period beginning with the first tax year you made a contribution to a Roth IRA set up for your benefit. Traditional IRA distributions typically are fully or mainly taxable. What’s more, you can’t contribute to a 2013 Roth IRA if your income last year was too high. The phase-

out range runs from MAGI of $112,000-$127,000 for singles and from $178,000-$188,000 for married couples filing joint returns.

Health Savings Accounts April 15, 2014, is also the deadline for contributing to a health savings account (HSA) for 2013. To contribute to an HSA, you must have had a qualifying health insurance policy last year; such policies follow federal guidelines for high out-of-pocket costs, before the coverage takes effect, and for caps on outof-pocket expenses. If you have the right health insurance coverage, you can contribute to an HSA offered by many banks and other financial firms. HSA contributions are tax deductible; those deductible contributions for 2013 can be as much as $6,450, or $7,450 if you were at least age 55. As is the case with IRAs, investment income inside an HSA avoids income tax. HSA distributions are tax-free also, if the money is used for qualified medical expenses. There is no annual “use it or lose it” requirement, so you can let the money build up inside your HSA and eventually take taxfree distributions to pay uninsured medical costs in retirement. Reprinted from CPA Client Bulletin. n

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Advertisers’ Index ATS Equipment, Inc. ...........................................................30 Adler Tank Rentals ..............................................................12 Allied Recycling Center.......................................................14 Aon Construction Services Group........................................47 Boro Sand & Stone Corp......................................................33 Dennis K. Burke, Inc............................................................56 Concrete Systems, Inc......................................................... 40 Dagle Electrical Construction, Corp....................................20 Darmody, Merlino & Co., LLP............................................45 DeSanctis Insurance Agency, Inc. .......................................35 Dig Safe System, Inc............................................................42 The Driscoll Agency ............................................................15 EJ......................................................................................... 46 Eastern Insurance Group, LLC............................................38 Eastern States Insurance Agency, Inc..................................59 T. L. Edwards, Inc................................................................41 Ferguson Waterworks...........................................................33 Geod Consulting, Inc..............................................................5 L. Guerini Group, Inc...........................................................52 HD Supply Waterworks..........................................................4 A. H. Harris & Sons, Inc. ....................................................55 Hinckley Allen, LLP............................................................28 John Hoadley & Sons, Inc....................................................57 P. A. Landers, Inc.................................................................54 Lawrence-Lynch Corp..........................................................11 Liddell Brothers Inc.......................................... Ins. Back Cvr. Lorusso Corp........................................................................52 Lorusso Heavy Equipment, LLC.........................................32 Mabey, Inc..............................................................................9 Mass Broken Stone Company...............................................45 Milton CAT.............................................................................2 Norfolk Power Equipment, Inc...............................................5 North East Shoring Equipment, LLC...................................49 NorthStar Insurance Services, Inc.........................................8 Our Outhouses, Inc...............................................................49 Palmer Paving Corporation..................................................58 E. H. Perkins Construction Co., Inc.................................... 60 Podgurski Corp.....................................................................13 E. J. Prescott, Inc..............................................Ins. Front Cvr. Rain For Rent-New England.................................................34 Read Custom Soils ...............................................................50 Rogers & Gray Insurance Agency, Inc.................................18 Schmidt Equipment, Inc.......................................... Back Cvr. The Scituate Companies.......................................................16 Scrap-It, Inc............................................................................6 Shea Concrete Products........................................................48 Smith Print............................................................................50 Social Mavens.......................................................................54 Ti-SALES, Inc. ....................................................................21 Albert J. Tonry & Co., Inc....................................................13 United Concrete Products, Inc. ............................................54 United Rentals Trench Safety...............................................22 Wealth Preservation Solutions, LLC....................................50 C. N. Wood Co., Inc. ........................................................... 44 Woodco Machinery, Inc.......................................................10

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