Construction Outlook February 2019

FEB | 2019 UCANE Interview:

Representative Peter Capano

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Years of Excellence 1954-2019

FEBRUARY, 2019

IN THIS ISSUE

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

President-Elect MARCELLA ALBANESE

3 President’s Message:

Employee Health and Safety Always #1 Priority

5 Legislative Update:

• Governor Releases FY20 Budget Recommendations • New Department of Family and Medical Leave Holds Listening Sessions

Albanese Brothers, Inc.

• New Chairman Appointed to Lead Department of Public Utilities

Treasurer RYAN McCOURT

• Baker-Polito Administration Awards Water Management and Conservation Grants

McCourt Construction Company

Secretary BRIAN COONEY

C. C.Construction Inc.

BOARD OF DIRECTORS GREG ANTONELLI GTA Co., Inc.

VINCENT BARLETTA

Barletta Heavy Division

NICK BIELLO

J. D’Amico, Inc.

TONY BORRELLI

Celco Construction Corp.

BEN CAVALLO

C&S Insurance Agency

ANDREW DANIELS J. Derenzo Co.

GEORGE DeFELICE

DeFelice Corporation

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

NICK GAMACHE

Rain for Rent - New England

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

MIKE GORMAN

E. J. Prescott, Inc.

DAN HORGAN

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

BILL LEONARD

Aqua Line Utility, Inc.

JOHN OUR

Robert B. Our Co., Inc.

• UMass Lowell Center to Assist in Highway Improvements Through Federal Grants

15 UCANE Interview:

Representative Peter Capano (D-Lynn)

21 Legal Corner:

The Bid Unit of the Massachusetts Office of the Attorney General Issues its First Significant Bid Protest Decision of 2019

25 In Memoriam:

John G. Walsh Jr., Walsh Contracting Corp.

27 Under the Hard Hat with UCANE’s Officers & Board Members: Dan Horgan, R. H. White Construction Co., Inc.

31 UCANE Welcomes New Members 33 Safety Corner: Education Through Conversation

35 UCANE’s 8th Annual Appreciation Night Trade Show 37 Mayor Walsh Lays Out Big Vision to Invest in Boston Harbor 43 Scholarship Applications Now Available 45 8-Hour OSHA Class II Asbestos Training: Asbestos-Cement Pipe (ACP) Worker Safety 46 January Dinner Meeting 51 Construction Safety & Compliance: An Interview with Dan Scimone, Safety Program Manager, HD Supply Construction & Industrial White Cap

53 UCANE Co-Sponsors AGC MA Opioid Summit For Construction Industry 55 Are You Ready for the Massachusetts Family and Medical Leave Law? 59 Spotlight on Cape Cod: Mashpee Regulatory Boards Plunge Into Wastewater

67 Financial Management:

QUERINO PACELLA

• Putting Stock Market Volatility in Perspective

BRIAN RAWSTON

• New Tax Law Enhances the Appeal of C Corporations

RJV Construction Corp.

Jay Cashman, Inc.

PAUL SCENNA

Albanese D&S, Inc.

DAVID WALSH

Pawtucket Hot Mix Asphalt

ANNE KLAYMAN

Executive Director

JEFF MAHONEY

Assistant Executive Director

• Making Stock Sales Less Taxing

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

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Employee Health and Safety Always #1 Priority

I am very confident in saying UCANE members have always made the safety of employees their top priority. The goal is to make sure that all their employees get home from the jobsite, to their families, safely at the end of every day. The work that we do is inherently dangerous, but we do everything we can to try and prevent accidents and ensure safety.

U

CANE is again offering safety classes this month. One is the Asbestos Cement Pipe Certification class. Any worker that may handle or come into contact with an asbestos pipe needs to be certified. This certification is for a five year period, so make sure that you haven’t let yours or your employees certification expire. We will also be offering our annual Confined Space Entry/Competent Person seminar taught by nationally recognized instructor John Barrasso. While this seminar is always well attended, it takes on additional significance this year as OSHA has made trench safety enforcement a priority for 2019. Call the UCANE office to sign up for these classes or to recommend any other type of safety training you would like to see UCANE offer.

In addition to these traditional types of safety training, UCANE is getting involved in an issue that can have a dramatic impact on an employee’s health and well-being: opioid addiction. The construction industry has been disproportionally affected by the opioid crisis our country now faces. A report released by the Massachusetts Department of Public Health last year found that almost a quarter of the overdose deaths in Massachusetts over a five year period were people who work in construction. Because of the nature of our industry, the workforce is more suscepFEBRUARY, 2019

tible to abusing painkiller medication, which can lead to addiction.

The numbers are staggering. Drug overdoses are the leading cause of death for Americans under 50. A report by the Massachusetts Taxpayers Foundation found that opioids have kept an estimated 32,700 people from participating in the labor force in Massachusetts over the past seven years and that 4.2% of the total employed in the state reported misusing pain relievers. Nationally, the economic cost of the opioid epidemic is estimated at $504 billion.

UCANE has joined other construction associations in taking steps to address the problem.

We participated in an Opioid in Construction Summit with various healthcare and industry professionals to discuss best practices employers can use to identify and help employees dealing with addiction. We have also met with Health and Human Services Secretary Marylou Sudders about how we can partner with the state, as Governor Baker has made tackling the opioid problem a priority of his Administration.

In the coming months, UCANE will be offering programs and information to members on this issue. I encourage all members to participate and get involved so we all can play a part in helping to end this horrible epidemic. n

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Mark Molloy, Esq., Lynch Associates, Inc.

A

Governor Releases FY20 Budget Recommendations

s required by the state Constitution, Governor Charlie Baker filed his recommendations for the fiscal year 2020 budget on January 23. The budget contains $42.7 billion in gross spending, a 1.5% increase over projected FY19 spending, and anticipates a deposit of $297 million into the Stabilization Fund, for a projected balance of $2.8 billion. The fiscal year 2020 budget assumes a reduction in the income tax rate to 5% on January 1, 2020, which according to the Governor’s budget message will return $88 million to taxpayers during the fiscal year.

In addition to the budget proposal, the BakerPolito Administration filed legislation to launch a major new climate change adaptation initiative, funded through a modest increase in the deeds excise paid on real estate transactions. This investment will amount to $75 million in fiscal year 2020, and $137 million on an annualized basis to support the Commonwealth’s communities in upgrading their infrastructure and planning for the impacts of climate change. The measure, which is a similar concept to what UCANE proposed before for the Clean Water Trust, would allow for resiliency spending on water infrastructure, among other priorities.

Of additional note to UCANE members, the Governor’s budget recommended an increase of $5.5 million to the Massachusetts Department of Public Utilities to support and enhance the pipeline safety division’s critical testing, investigations, and oversight responsibilities to ensure FEBRUARY, 2019

that natural gas distribution companies are in compliance with safety regulations. Further, the Governor level-funded the contract assistance line-item for the Clean Water Trust’s use to the previous appropriation of slightly over $63 million. Through a supplemental budget, approved by the legislature and signed by the Governor, this important line-item saw a one-time $10 million increase last fiscal year. The decrease for the Clean Water Trust was expected, but since last year’s advocacy was effective, there could be an opportunity to increase funding once again.

The Governor’s budget level-funded the appropriation for the Underground Storage Tank reimbursement program, which was temporarily increased last year by $20 million to reduce the backlog on existing claims, to $8 million. Finally, there were two outside sections that may be of interest to UCANE, including a technical change in the definitions of “supplier diversity programs” now run by MassDOT and a water/ school deleading initiative that appears to allow for the use of revolving funds for school deleading programs.

The Massachusetts House of Representatives will take up its proposed fiscal year 2020 budget in April, while the Senate will consider its version in May. A conference committee of three Representatives and three Senators will then resolve differences in the two proposals by reporting a final version for the Governor’s approval, ideally, before July 1.

continued on page 7

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Legislative Update continued from page 5

New Department of Family and Medical Leave Holds Listening Sessions

T

he new Massachusetts Department of Family and Medical Leave (DFML) has announced a series of listening sessions to solicit feedback on the proposed regulations governing this new program. Responsible for operating the estimated $800 million paid family and medical leave program, DFML will run the program with funding from a small payroll tax beginning on July 1.

The new law calls for up to 12 weeks of jobprotected paid leave to care for a seriously ill or injured family member, to care for a new child, or to meet family needs arising from a family members active duty military service. It also authorizes up to 20 weeks of job-protected paid leave to recover from a worker's own serious illness or injury, or to care for a seriously ill or injured service member.

Benefits will become available on January 1,

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2021 for workers seeking time off to bond with a new child, take care of a sick or injured service member, or to tend to a serious personal health condition. On July 1, 2021, benefits will be made available for workers to care for a family member with a serious health condition.

The leave benefits are to be funded through employer contributions to a new trust. The contribution rate is 0.63 percent on the first $128,400 of a worker's annual earnings and employers can require that employees contribute up to 40 percent of their total medical leave contribution and up to 100 percent of their total family leave contribution.

The proposed regulations may be viewed at: https://www.mass.gov/files/documents/2019/01/23/DRAFT%20DFML%20Regulations.pdf. Written comments or testimony may be sent to MassPFML@Mass.gov continued on page 9

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Legislative Update continued from page 7

I

New Chairman Appointed to Lead Department of Public Utilities

n an end of January press release from his office, Massachusetts Executive Office of Energy and Environmental Affairs (EEA) Secretary Matthew Beaton announced that Matthew Nelson has been appointed Chairman of the Department of Public Utilities. Nelson replaces outgoing Chairman Angela M. O’Connor, who departs following a four-year term.

According to the release, under Chairman O’Connor’s leadership, the Department of Public Utilities addressed important matters including the modernization of the electric grid, the passing of utility federal tax savings back to ratepayers, the compensation of owners of new solar projects, and the strengthening of consumer protections for competitive electric supply sales. Additionally, during Chairman O’Connor’s tenure, the Department implemented one of the most comprehensive ride-for-hire laws in the country in an effort to prioritize public safety and thorough background checks.

Mr. Nelson assumes the role of Chairman having worked for the Department for eight years, most recently as the Director of Electric Power and Regional and Federal Affairs where he played key roles in overseeing investments in grid modernization, general rate case issues, renewable energy development, climate strategies, competitive supply, and management of storm restoration issues. During his time in state service, Mr. Nelson has also played an instrumental role in developing comprehensive energy legislation that requires state utilities to solicit long-term contracts for 1,200 megawatts of hydropower and 1,600 megawatts of offshore wind energy.

Prior to public service, Mr. Nelson spent four years at Eversource Energy as the Supervisor of Regulatory, Policy, and Planning as part of the MassSave Initiative

– a nationally recognized public policy initiative that has succeeded in helping the Commonwealth achieve its environmental goals, as well as reduce costs for Massachusetts ratepayers, and those across New England.

A graduate of Stonehill College, Mr. Nelson holds a Master’s degree in economics from Tufts University. continued on page 11

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FEBRUARY, 2019

Legislative Update continued from page 9

Baker-Polito Administration Awards Water Management and Conservation Grants

A

t the end of January, the Baker-Polito Administration awarded five grants totaling $315,901 to help six communities and water suppliers with water conservation, source and demand management, and other water withdrawal planning and mitigation projects across the Commonwealth. The funding will be utilized in the communities of Auburn, Danvers, Norfolk, Plymouth, Westford, and Littleton.

The grants are part of the Water Management Act (WMA) Grant Program, an effort by the EEA and the Massachusetts Department of Environmental Protection (MassDEP) to maintain healthy rivers and streams and improve degraded water resources over time. The WMA Grant Program helps water suppliers by providing grants for watershed planning projects, demand management, and minimization and mitigation activities for water withdrawal impacts.

The following grants were awarded: • Auburn Water District: Permanent Interconnection with Worcester - Design and Permitting Phase 2 – $84,400.

•

Town of Danvers: Drought Management and Minimization Planning – $74,888.

•

Town of Norfolk: Integrating Water Smart Planning and Practices – $25,000.

•

Town of Plymouth: Supply Evaluation and Water Conservation – $53,544.

•

Westford and Littleton: Stonybrook Restoration Project – $78,069.

The WMA Grant Program helps guide water management in the Commonwealth for both the longterm water needs of communities and the protection of the aquatic ecosystems. The program is funded through the Massachusetts Five-Year Capital Plan, and requires a 20 percent match from the communities involved.

Additional details on the WMA grant projects for 2019 can be found at: https://www.mass.gov/servicedetails/water-management-act-grant-programs-forpublic-water-suppliers continued on page 13

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Legislative Update continued from page 11

U

UMass Lowell Center to Assist in Highway Improvements Through Federal Grant

niversity of Massachusetts, Lowell (UMass Lowell) researchers are developing ways to improve the durability and longevity of New England’s roads, bridges and tunnels as part of a new initiative supported by the U.S. Department of Transportation (USDOT).

Funded by $14 million from the USDOT, the Transportation Infrastructure Durability Center (TIDC) will bring together researchers and students from universities across New England to advance solutions that improve the region’s infrastructure. The center will tackle problems such as the toll New England’s winter weather takes on roadways, bridges, and tunnels. The salt used to de-ice road surfaces further damages foundations and pavements and corrodes steel structures, creating costly problems for motorists, cities and states.

Prof. Tzuyang Yu, Associate Prof. in the Department of Civil and Environmental Engineering, is leading UMass Lowell’s research team, which includes Civil and Environmental Engineering Prof. Susan Faraji, Electrical and Computer Engineering Prof. Xingwei Wang, Assistant Prof. of Mechanical Engineering Zhu Mao and Plastics Engineering Prof. Ramaswamy Nagarajan. UMass Lowell students participating in the project include Ruben Diaz, a civil engineering major from Dunstable, and Ph.D. candidates Ahmed Al-Zeyadi of Quincy, Cong Du of Dracut and Sanjana Vinayaka of Lowell.

One out of every five miles of highway pavement in the nation is in poor condition and the roads have a significant and increasing backlog of rehabilitation needs, according to a 2017 study by the American Society of Civil Engineers (ASCE). The researchers hope improvements to the civil infrastructure will result in lower maintenance costs, as well as enhanced safety, fewer traffic delays and accidents, and reduced fuel consumption and carbon emissions.

Prof. Yu is already researching innovations that could contribute to the success of the new center. Last year, Prof.

Wu, Professor Wang and UMass Lowell Civil Engineering Prof. Pradeep Kurup, along with researchers from SaintGobain Corp. in Northborough, were awarded $853,000 in funding by the Advanced Functional Fabrics of America (AFFOA) to create textiles integrated with optical fibers and sensors. These next-generation fabrics are to be applied to structures such as pipelines and bridges to detect strain or cracks in their early stages, minimizing repair costs, environmental impacts and disruptions to people’s lives and businesses.

Along with UMass Lowell, partners in the new TIDC include the University of Maine, the University of Connecticut, the University of Vermont, the University of Rhode Island, and Western New England University. n

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Representative Peter Capano (D- Lynn)

Representative Peter Capano was recently elected as State Representative for the 11th Essex District, which includes West Lynn and Nahant.

Representative Capano is a West Lynn native. He and his wife raised their two children, Dena and Stephen across from the house where he was born. His parents and much of his extended family still live on the same street as well. He is a graduate of Lynn public schools and served in the U.S. Army from 1976 – 1979. He received a B.A. in Labor Studies from University of Massachusetts, Boston.

Representative Capano served as a Lynn City Councilor for seven terms and was on the Lynn Water & Sewer Commission from 2014 to 2018. He recently retired from General Electric after 28 years, where he was President of IUE CWA Local 201 representing GE and four other locations. He was also a Vice President of the Massachusetts AFL-CIO from 2014 to 2018.

Representative Capano has always had a strong desire to serve his community, whether it be as an activist, a city councilor, or now as a state representative. He is focused on making a difference in the lives of working families, seniors, and veterans and fighting for residents of the 11th Essex District on Beacon Hill.

Q:

As you are aware, access to clean drinking water and proper management of wastewater is critical. Please discuss your thoughts relative to the importance of maintaining water and wastewater infrastructure.

A:

Maintaining the infrastructure for both water and wastewater is critically important. The Lynn Water and Sewer Commission has received national recognition for the quality of Lynn’s water. Much of this can be attributed to the commission making the necessary investments needed to maintain this high quality. Recently, a micro-brewery (Bent Water Brewing Company) even opened in Lynn, citing the quality of the city’s water as one of the main reasons behind their decision to open in Lynn.

The commission is currently taking on a $120 Million combined sewer overflow (CSO) project which will separate the sewer system from the storm drains in West Lynn. This will help alleviate flooding in low-lying areas and eliminate sewerage discharges into the ocean.

FEBRUARY, 2019

Q: A:

What are the biggest challenges for your district and region with regard to continued economic growth?

Improvements to transportation, education, housing, and infrastructure are needed to encourage continued economic growth in my district. I am working to ensure that economic growth translates into improving the lives of my constituents.

The current commuter rail and bus service does not adequately address Lynn and Nahant’s transportation needs.

Traffic is an almost constant issue, even outside of peak rush hours. Members of the North Shore delegation are working to restore year-round ferry service from Lynn to Boston. If restored, the ferry will provide a quicker trip in and out of Boston and will help reduce the number of cars on the road.

The regions low-income and immigrant work force rely continued on page 17

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15

Interview continued from page 15 heavily on public transportation and would greatly benefit from increased investment in the region’s transportation system. The North Shore delegation is making a strong push for extending the Blue Line from Revere to Lynn.

Not only would this relieve traffic congestion into Boston, but it would provide easier access to job opportunities for residents of my district.

Additionally, we are working with state agencies to address the reliability, frequency, and affordability of the commuter rail and bus service system. Lynn is also in the process of turning the abandoned Boston and Maine railway tracks into bicycle and walking trails along with new bike storage on city streets.

Education is also a top priority for my district. We are in desperate need of new schools as some of them are over 100 years old and most are understaffed and overcrowded. I will be advocating for updates to the funding formula based on the recommendations of the Foundation Budget Review Committee. There also needs to be a greater emphasis placed on vocational training and technical schools. There is currently a shortage of skilled workers, like machinists, welders, and plumbers and a large demand for skilled workers by area employers. We need to find better ways to connect

the community’s need for living wage jobs with the need for skilled workers by area businesses. This can be accomplished by utilizing the region’s vocational schools at night for this type of training. A machinist training program for Lynn residents is currently being run out of Lynn Technical and Vocational High School and has been very successful at placing students in the field.

With regards to housing, there are plans to develop the Lynn Waterfront and downtown areas. While developers are designing projects that will attract young professionals from Boston, we also need to ensure that market rate housing concepts include housing that people currently living in Lynn can afford. Often, rents considered affordable by state agencies are still too expensive for Lynn residents. Mixeduse projects that provide both market rate and affordable housing will help to ensure that long time Lynn residents are not displaced over time.

Like many cities and towns in the Commonwealth, Lynn’s infrastructure is very old. Our underground water and sewer systems are over 100 years old and water main breaks are a near constant issue. We are in the design phase of a $120 Million sewer separation project that will reduce sewer discharge into the ocean and help alleviate flooding in lowlying areas. Currently, flooding mixed with sewerage in continued on page 19

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Interview continued from page 17

Like many cities and towns in the Commonwealth, Lynn’s infrastructure is very old. Our underground water and sewer systems are over 100 years old and water main breaks are a near constant issue. We are in the design phase of a $120 Million sewer separation project that will reduce sewer discharge into the ocean and help alleviate flooding in low-lying areas.

West Lynn and parts of downtown are a consistent expense to local homeowners and businesses and usually not covered by insurance. This project should provide welcome relief to homeowners and local businesses in the area.

Q:

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

A:

The state needs to provide much more local aid and incentives for infrastructure improvements through grants and SRF loans. Additionally,

FEBRUARY, 2019

utility companies should shoulder some of the burden on cities and towns by dedicating a source of funding for roads.

The continuous gas leak repairs and underground utility upgrades are creating havoc on our streets. There should be coordination between cities and utility companies whenever upgrades occur, so that a street does not have to be repacked over and over again because schedules are not in sync. Gas and electric utility upgrades require services from cities and towns that do not have the resources to supplement large utility companies. I am also a supporter of the fair share amendment, which would tax incomes over $1 Million to help pay for these types of upgrades. The truth is, we need a substantial increase in funding from our federal and state governments to bring our infrastructure into the twenty-first century.

Q: A:

What are some of your other priorities for the upcoming session?

I am dedicated to helping seniors on fixed incomes find relief by working to reduce local property taxes as well as transportation, health insurance, and prescription costs. I have introduced and supported legislation that will help low and moderate-income households find ways to keep or find affordable housing.

Additionally, I filed a bill that would give veterans civilian credit for skills obtained in the military. n

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The Bid Unit of the Massachusetts Office of the Attorney General Issues its First Significant Bid Protest Decision of 2019 Let’s assume you are bidding a wastewater treatment project. You have submitted a self-restricted filed sub-bid for one of the classes of work along with a general bid for the project. After the general bid opening, you learn that you’re the lowest, responsible, and eligible bidder by a slim margin. On the same day you are awarded the contract, the apparent second-low bidder files a bid protest with the Bid Unit of the Massachusetts Office of the Attorney General (“Bid Unit”). Arguing that your general and self-restricted filed sub-bids are unreasonably low and that your Paragraph E listing in the sub-bid is improper, the protestor pushes for a full-scale investigation of your internal estimating documents, including vendor quotes and other bid backup materials.

T

he Bid Unit tackled these facts in its first significant decision of 2019. Hinckley Allen successfully defended the protest on behalf of the low bidder. The decision is notable for at least three reasons. First, the Bid Unit clarified when a more robust investigation of bid prices is appropriate. Second, the Bid Unit confirmed that Paragraph E contractors need not provide all the labor or labor and materials for the class of work in question. And third, the Bid Unit reaffirmed longstanding principles from the seminal Boston Water and Sewer decision.

Issue No. 1: Robust Investigation. The protestor in the case had been subject to detailed investigations of its bid practices in prior bid protest cases. In light of those cases, the protestor strongly urged the awarding authority and the Bid Unit to undertake a comprehensive investigation of the low bidder’s bid prices here. However, there were no threshold indications of bid manipulation to warrant such an investigation; the fact that the low bidder had submitted a lower bid was not enough. Noting that “[i]n some FEBRUARY, 2019

cases, it may be necessary to delve into the documents underlying bidder’s price for a particular item to determine if the price covers all of the elements of the work called for by the specifications,” the Bid Unit stated, “[t]his is not such a case.” Why? Because there was “no evidence of cost-shifting of filed subbid costs to [the] general bid.” According to the Bid Unit, an investigation is not required in the absence of such evidence.

Issue No. 2: Paragraph E. As alleged evidence that the winning bidder’s filed sub-bid was unreasoncontinued on page 23

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Legal Corner continued from page 21

ably low, the protestor asserted that the winning bidder’s Paragraph E price for Automatic Temperature Controls was roughly $50,000 less than the prices listed by others for such work. The Bid Unit rejected this argument too. The winning bidder made clear that it would purchase the bulk of the materials for this work directly and that its Paragraph E subcontractor would provide the construction labor and certain materials. This was consistent with the statutory bid form, which required a listing of those performing labor or labor and materials for the scope of the work, or “part thereof.” Thus, the Bid Unit made clear that “[t]here is nothing in the construction bid laws or the specifications that would prohibit [the low bidder] from procuring some of the materials itself. The Bid Unit further clarified that the Paragraph E subcontractor need not purchase all the materials.

Issue No. 3: Mobilization. Lastly, the protestor argued that the low bidder’s general bid price for mobilization was unreasonably low. The protestor’s bid price for mobilization was $300,000. The low bidder’s mobilization price was half that. Here again, the Bid Unit rejected the protestor’s argument. Reaffirming fundamental principles from the Appeals Court’s decision in Boston Water and Sewer, the Bid Unit made clear that a low price in and of itself is not grounds for rejection. There must be bid manipulation, such as a materially and mathematically unbalanced bid, front-end loading, or a price too low to pay prevailing wage. There was no such manipulation here. Rather, consistent with Boston Water and Sewer, the winning bidder’s mobilization price “may be the result of certain advantages that [the winning bidder] ha[d] over [the protestor].” As a 50-year old Massachusetts contractor, the winning bidder enjoyed low insurance and bond costs. And given its proximity to the project, the winning bidder’s transportation costs were likely lower than the transportation costs of the New Hampshire-based protestor.

Conclusion. The Bid Unit has been a tremen-

dous resource for all those involved in public procurement in Massachusetts. With respect to bid protests, the Bid Unit is an experienced, knowledgeable, and efficient alternative to litigation. This soundly reasoned decision should provide some measure of protection against weak protests; the protestor must meet its burden in order to disrupt a contract award to the lowest, responsible, and eligible bidder. Hopefully, this decision will guard against situations where the only apparent basis for the protest is that the second-low bidder is frustrated that another bidder beat its bid price. n

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FEBRUARY, 2019

In Memoriam

John G. Walsh Jr. Walsh Contracting Corp.

I

t is with great sadness that we announce that our beloved member and friend John (Jack) G. Walsh Jr. passed away unexpectedly on his 86th birthday at his home in Ft. Lauderdale, FL. He was the loving and devoted husband of Nora (Feeney) Walsh. Born on January 13, 1933 in Wellesley, MA, he was the son of the late John G. Walsh Sr. and Kathleen Walsh.

John grew up in Attleboro and was a graduate of Attleboro High School Class of 1951.

He then attended Northeastern University where he received a Bachelor of Science Degree in Civil Engineering in 1956. John also proudly served his country in the U.S. Army Reserves.

John was the former President of Walsh Contracting Corporation and a local real estate developer who did many projects in the Southeastern Massachusetts and Rhode Island area.

John was a UCANE member for more than 40 years. He served as President in 1987 and he proudly enjoyed being voted “Contractor of the Year” in 1996.

In addition to his wife of 63 years, John is survived by his children, John G. Walsh III and his wife Cheryl of North Attleboro (Walsh

FEBRUARY, 2019

Contracting Corp.), Thomas P. Walsh and his wife Jane of Attleboro (Boro Sand & Stone), Maureen A. (Walsh) Jorde and her husband Shawn Jorde of North Attleboro, and David M. Walsh and his wife Constance of Falmouth (Pawtucket Hot Mix and Feeney Corp.), his grandchildren, John M. Walsh and his wife Ashley, Bryan J. Walsh and his wife Jessica, Jeffrey D. Walsh and his wife Rebecca, Jennifer A. Scioli and her husband Frank, Gregory A. Walsh and his wife Ashlee, Kristen E. Walsh, Lauren E. Walsh, Emily K. Walsh, Alexandra M. Jorde, Kevin D. Walsh, Steven D. Walsh; his great grandchildren, Theodore, Jackson, Vincent, Emerson, Nora, and Elizabeth Walsh, and Olivia Scioli; and John’s brother William Walsh and his wife Janice (W. Walsh Co., Inc.).

The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathies and sincere condolences to the entire Walsh family. John’s years of experience and knowledge of our industry, coupled with his quiet demeanor brought him the unequaled respect of his peers. His long-term support and unwavering commitment to our Association’s goals set an example that will be difficult to equal. All who knew and loved John feel a deep personal sadness at his passing. n

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with UCANE’s Officers and Board Members How did you get started in the underground construction industry and what was your first job?

My father owned a small construction company in Auburn, MA, primarily working on the installation of underground water and sewer utilities. I started out working for him as a laborer during my summer breaks from high school and college.

there?

How long have you been with R. H. White Construction Co., Inc. and what is your role

In 1985, I started working for R. H. White as a pipe layer on one of their field crews. Over the years I had opportunities to advance to several positions including Foreman, Superintendent, and Division Manager. In 2014 I was promoted to my current position as Vice President of Utility Construction where I am responsible for all underground utility work undertaken by RH White.

How long has your company been a member of UCANE and why did you decide to get actively involved?

Our company has been a member of UCANE for many years. Tom Descoteaux from our company was FEBRUARY, 2019

UCANE Board Member Dan Horgan R. H. White Construction Co., Inc.

very active in UCANE, including serving as a member of the Board of Directors and later as Secretary, Treasurer, President Elect, and then President. He was later voted UCANE Contractor Member of the Year.

Tom and other managers at R.H. White have long recognized the many benefits that come with membership in this well respected association. I have been attending UCANE events and meetings for the last several years; and have been impressed with the depth of knowledge of its members and their commitment to the underground construction industry. I was proud to be asked by my peers to be a Board member and look forward to working alongside them to improve and protect our industry.

continued on page 29

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Under the Hard Hat continued from page 27 What is the nature of the industry as you currently see it?

Work needs to be done. Our aging utility infrastructure needs immediate repairs. Local and federal funding for these projects must come faster in order to accomplish the many needs in our region.

What would you like our membership to know about being a Board Member?

As a board member you have a voice and the ability to make a difference in moving our industry forward. The collaboration between board members is important to understand the challenges we all face in this industry. Through strength in numbers and by working together we can make a difference in helping all our members succeed. n

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Patrick W. Saltmarsh Corporate Safety Director J. Derenzo Companies

Education Through Conversation

S

“The function of education is to teach one to think intensively and to think critically.” ~ Martin Luther King, Jr.

afety training, and the employers’ requirement for safety training is referenced in numerous OSHA standards. What is not sufficiently explained in the standards, is the delivery or the means and methods of this safety training. So what is training? Safety training defined, is to educate (train) employees and ensure they possess the necessary skills to perform the work safely. Unfortunately, and all too often, safety training is just about checking off a requirement box and getting your attendance certificate.

Regardless of the size of your company, employers should not be overlooking the importance of quality safety training. Both new and veteran employees will benefit from annual refresher and ongoing safety training. Just because an employee has years of experience does not make them immune to injuries.

Poorly trained or untrained employees are not only a danger to themselves, but they are also a danger to those they are working with.

The goal of any safety program and education of its workforce remains the same, to prevent workforce injuries, illness, and deaths. While larger companies can be expected to afford elaborate training programs, safety education can be as simple as having a conversation with your employees. If you know your audience, and how they work, this “education through conversation” is an extremely effective training method that should become an integral component of any safety program, large or small.

Engaging workers in conversations during in-thefield activities allows employees to relate applicable FEBRUARY, 2019

Corporate Safety Director Patrick Saltmarsh performing “Education Trough Conversation” with J.Derenzo Co. Foreman Michael Camara.

safety standards to the tasks they are performing.

The benefits achieved through this type of education (conversation) is to allow them to see the OSHA standard in living color, and how it applies to the tasks they are performing. This real world application produces a heightened level of awareness and prepares workers to become problem solvers with the ability to identify potential safety hazards, and/or violations, correct them, and mitigate the hazards altogether.

Traditional classroom settings will always have a purpose, and can be very effective in training your employees and educating them in various subject matcontinued on page 34

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33

Safety Corner continued from page 33

ters. However, we must be mindful when working with employees that report for work each day to a job trailer and work outdoors. This can be an opportunity for a brief conversation to reinforce a safety message and keep the employee engaged outside of the classroom session.

Some “Old School” mentality is based on the perception that employees and safety managers are at constant odds. Workers care about “getting the work done;” and secondly about safety. This alleged friction between safety managers and employees assumes the interests of both are in opposition, so each must constantly battle the other to get what they want, all the while working “together” to keep the work moving. If this all sounds a bit melodramatic, it is because I want to make the point that this “Old School” mentality is outdated today.

Employees do care about safety, and they care about learning. Just stop by one of your job locations and take the time to have a conversation with a work crew about what it is they are doing, and how they plan on performing the work safely. Conversations like this are “education through conversation,” and will have your employees working safer today than they did yesterday. n

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UCANE’s 8th Annual Appreciation Night Trade Show Will be held on Wednesday March 27 prior to our Forecast Dinner Meeting

Trade Show booths offered at NO COST to Construction Outlook Magazine Advertisers.

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. Our Trade Show is a great opportunity to meet with UCANE members and guests face-to-face.

For more information and advertising rates call Linda at the UCANE office.

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Mayor Walsh Lays Out Big Vision to Invest in Boston Harbor

M

The Mayor’s plan, “Resilient Boston Harbor,” lays out strategies along Boston’s 47-mi. shoreline that will increase access and open space along the waterfront while better protecting the city during a major flooding event. (Katie Haugland Bowen photo)

ayor Martin J. Walsh rolled out a comprehensive and transformative vision that will invest in Boston's waterfront to protect the city's residents, homes, jobs, and infrastructure against the impacts of rising sea level and climate change. Announced in October during his annual speech to the Greater Boston Chamber of Commerce, the Mayor's plan, "Resilient Boston Harbor," lays out strategies along Boston's 47-mile shoreline that will increase access and open space along the waterfront while better protecting the city during a major flooding event.

"We're not just planning for the next storm we'll face, we're planning for the storms the next generation will face," said Mayor Walsh. "A resilient, climateready Boston Harbor presents an opportunity to protect Boston, connect Boston and enhance Boston, now and for the future. As we enter a new era in our Harbor's history, Boston can show the world that resilience is not only the ability to survive adversity, but to emerge even stronger than before. That's the promise of a resilient Boston."

Resilient Boston Harbor builds off of Imagine Boston 2030 and uses the city's Climate Ready Bos-

FEBRUARY, 2019

ton 2070 flood maps and coastal resilience neighborhood studies to focus on Boston's most vulnerable flood pathways. The strategies laid out in the plan include elevated landscapes, enhanced waterfront parks, flood resilient buildings and revitalized and increased connections and access to the waterfront.

The strategies will require collaboration and funding between federal, state, private, philanthropic and nonprofit partners.

East Boston, Charlestown Based on early recommendations from the city's Climate Ready Charlestown and Climate Ready East Boston plans, a deployable floodwall system has been installed across the East Boston Greenway and a section of Main Street in Charlestown is being elevated. Additional measures identified include: • Redesign Constitution Beach to combine flood protection with expanded access and recreation; • Enhance Wood Island and Belle Isle to prevent the loss of the last remaining tidal salt marsh in Boston, while buffering the shoreline from increased waves and surges; continued on page 39

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Mayor Walsh continued from page 37 •

•

•

• •

Work with new development projects, including Suffolk Downs, to integrate resiliency measures, increased open space and community connections; Elevate transportation corridors like Bennington Street and the East Boston Greenway to create both flood protection and pedestrian connections throughout the neighborhood; Elevate Main Street as part of the re-design of Rutherford Avenue and Sullivan Square, to block the primary flood pathway through Charlestown. $4.8 million in capital funding has already been committed to the overall project; Elevate and renovate Ryan Playground; and Redevelop the Schrafft Center waterfront with elevated parks and mixed-use buildings to grow economic opportunity while restoring natural resources.

North End, Downtown Flood risks threaten Boston's financial center, historic waterfront, tourist destinations and residential neighborhoods. The city will launch Climate Ready Downtown to further study the impacts and necessary measures to protect these neighborhoods.

Strategies already identified include:

•

•

• •

Redesign Christopher Columbus Park, Langone Park and Puopolo Playground to include elevation to protect against flooding while improving waterfront open space and connections to the Rose Kennedy Greenway; Transform the parking lot at Sargent's Wharf into a combination of open space and resilient smallscale development; Elevate sections of the Harborwalk; and Enhance Long Wharf as the gateway for water transportation.

South Boston, Fort Point Climate Ready South Boston identifies the major flood pathways to many of the city's residential neighborhoods through Fort Point Channel and Moakley Park. In response, the following strategies have been identified: • Create a resilient Moakley Park and a re-envisioned Fort Point Channel to protect homes and businesses in South Boston, the South End, Chinatown and parts of Dorchester and Roxbury; • Build a coalition of support from the private property owners surrounding Fort Point Channel to assist in creating a signature resilient park system; continued on page 41

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Mayor Walsh continued from page 39 •

•

•

•

•

ton, an internationally recognized plan that builds on Imagine Boston 2030; • Became one of the first cities to set a target of carbon neutrality by 2050. The city released a Request for Proposals (RFP) for the next update to Boston's Climate Action Plan that will create a roadmap for that goal; • Expanded open space. Boston ranks first in the nation for resident access to parks; • Making historic investments in green transportation, including protected bicycle lanes in Roxbury, the South End and North End and expanded bike share access in Mattapan, Roslindale and Dorchester; • Boston Completing Area new resilient design standards for public infrastructure, providing ways for all conLocations continued on page 42

Complete the Emerald Necklace from Franklin Park to Moakley Park along Columbia Road to increase access to the waterfront. $11 million will be allocated from sale of the Winthrop Square Garage for this project; Secure federal support — the city is applying for a $10 million FEMA mitigation grant to begin resilience work along the Fort Point Channel; The Boston Water and Sewer Commission has begun installing essential infrastructure for reducing flood risk; An elevated New Ellery Street along the Dorchester Avenue corridor in South Boston, as identified in the BPDA's PLAN: Dorchester Avenue South Boston to provide additional flood protection for 2 Dexter Street South Boston's residential Everett, MA 02149 neighborhoods; and Boston Area Boston Area Complete Martin's Park, an inLocations Locations 431 Second Street clusive waterfront playground Everett, MA 02149 that will be climate-ready.

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and improved amenities for Minichiello Bros./Scrap-It, Inc., the neighborhood, Serves including over 2500 customers a week and is one New England's largest buyers, better public transitsellers and imand processors of scrap metal.

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

Fortop over 60 years our goal has remain proved roadway, pedestrian, customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch and bike connections.

customer service!

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on the investments the city of Boston has made under Mayor Walsh Turn your metal into money today! to increase the city's climate resilTurn your metal into money today! iency, including: Minichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. • Released Climate Ready Bos

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Mayor Walsh continued from page 41 struction on public rights-of-way to adopt flood protection measures; •

The BPDA updated the climate resiliency checklist, requiring new projects to show they are resilient to climate impacts, and is designing a flood resiliency zoning district that will strengthen requirements for new and retrofitted buildings;

•

Hosting the International Climate Summit in June, where the Mayor led the creation of a new coalition of cities dedicated to buying renewable energy collectively; and

•

Boston is the top-ranked city for energy policy by the American Council for an Energy Efficient Economy, and rating agencies cite Boston's climate work in support of the city's triple-A bond ratings.

non-profit and philanthropic stakeholders to join the city in committing to make these necessary investments a reality.

The strategy builds on the city of Boston's Resilience Strategy. Boston's resilience strategy is focused on ensuring every resident can reach their full potential regardless of their background, and removing the barriers of systemic racism that hinder Bostonians from having access to opportunities. n

The projects outlined in Resilient Boston Harbor will require a number of different funding sources. Mayor Walsh announced that the city of Boston will commit 10 percent of all new capital funding to resilience projects. He called on Boston's state and federal government partners, as well as the private sector and

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2019 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 2019.

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? 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. thoroughness 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 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 recieved at the UCANE office by April 15, 2019. 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 FEBRUARY, 2019

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8-Hour OSHA Class II Asbestos Training: Asbestos-Cement Pipe (ACP) Worker Safety Thursday, February 28, 2019

Irish Cultural Centre • 200 New Boston Drive, Canton, MA Course Agenda ATC Group Services 8:00 - 8:15 Registration and Introduction 8:15 - 9:15 Identification and Recognition of Asbestos-Containing Materials: Asbestos types and uses,

identification of AC pipes. MassDEP pre-survey requirements and documentation of AC pipes.

9:15 - 9:45 Potential Health Effects Related to Asbestos Exposure: The nature of asbestos-related dis-

eases, routes of exposure, dose-responses, relationship of asbestos exposure to asbestosis,

lung cancer, mesothelioma, and cancer of other organs.

9:45 - 10:15 Federal Regulations: OSHA Asbestos in Construction Standard, EPA NESHAP and Worker

Protection Rule. Definition of Competent Person.

10:15 - 10:30 Break 10:30 - 11:00 State of MA Asbestos Regulations*: Department of Environmental Protection (MassDEP) and

Department of Labor Standards** (DLS) regulations.

11:00 - 12:00 AC Pipe Work Practices: MassDEP Guidance Document review. Notifications, engineering

controls and specialized equipment, safe work practices, and waste handling, packaging and

disposal requirements.

12:00 - 1:00 Lunch 1:00 - 1:30 Tool Demonstrations: Powergrit Diamond Chain Saw, chain snap tools.

1:30 - 2:00 Visual Inspections: Competent Person visual inspection requirements and Post Abatement Recordkeeping requirements.

2:00 - 2:15 Break 2:15 - 2:45 Respiratory Protection Program: Types of respirators, when usage is necessary, user seal

checks and fit tests, written programs.

2:45 - 3:15 Hands-On Work Practices: Respirators and protective clothing waste, and waste handling procedures.

3:15 - 3:30 Course Review: Cutting/Milling Asbestos Cement Pipe Video 3:30 - 4:00 Course Evaluation and Examination: 25 question multiple choice examination. * MassDEP Asbestos Regulations: The MassDEP Asbestos Regulations have created some requirements for all AC Pipe Projects. The latest AC Pipe Guidance Document includes Pre-Survey and Post-Abatement Visual Inspections with documentation requirements. The Frequently Asked Questions (FAQ) from the DEP includes new issues with the latest AC Pipe Guidance Document. Project Checklists have been prepared for pipe project documentation and mandatory recordkeeping duties. Course includes new and approved pipe cutting equipment information for contractors and municipalities to use.

Don’t get caught in a non-compliance violation! These requirements must be followed by all parties working on AC Pipes. **Refresher training programs are currently under review but not yet approved by DLS for the 5-year refresher training requirements. This 8-hour course will satisfy the 5-year refresher requirement. *CLASS LIMITED TO 25 ATTENDEES*

To register, contact the UCANE office at 617.471.9955 or email: jmahoney@ucane.com Price: $250 Per Person for UCANE Members / $300 for Non-Members

FEBRUARY, 2019

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45

UCANE Executive Director Anne Klayman swearing in Officers & Board in attendance: (L-R): Brian Cooney, C.C. Construction, Inc.; Bill Leonard, Aqua Line Utility, Inc.; Dan Horgan, R. H. White Const. Co., Inc.; George DeFelice, DeFelice Corporation; Andrew Daniels, J. Derenzo Co.; Ben Cavallo, C&S Insurance Agency; Nick Biello, J. D’Amico, Inc.; Marcella Albanese, Albanese Brothers, Inc.; and Richard Pacella, Jr., R. M. Pacella, Inc. (not pictured) Officers & Board not in attendance: Greg Antonelli, GTA Co., Inc.; Vincent Barletta, Barletta Heavy Division; Tony Borrelli, Celco Construction Corp.; Jerry Gagliarducci, Gagliarducci Construction, Inc.; Nick Gamache, Rain for Rent - New England; Marco Gioioso, P. Gioioso & Sons, Inc.; Mike Gorman, E. J. Prescott, Inc.; Ryan McCourt, McCourt Construction Company; John Our, Robert B. Our Co., Inc.; Querino Pacella, RJV Construction Corp.; Brian Rawston, Jay Cashman, Inc.; Paul Scenna, Albanese D&S, Inc.; and David Walsh, Pawtucket Hot Mix Asphalt

46

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

FEBRUARY, 2019

House Chairman of the Utilities Committee Thomas Golden Keynote Speaker at January Dinner Meeting In the wake of the September Merrimack Valley gas exGuest Speaker plosion, there have been several media reports and speculation about what changes state and federal officials may make in response to the tragic incident. As House Chair of the Joint Committee on Telecommunications, Utilities & Energy, Tom Golden has an integral role as the state of Massachusetts considers legislative and regulatory changes in the coming months. So UCANE was honored to have Representative Golden as the Keynote Speaker at our first Dinner Meeting of the year, held at the Four Points Sheraton Hotel in Norwood. The meeting was sponsored by C. N. Wood Company, Inc. The meeting Representative also served as the Installation of our 2019 Officers and Thomas Gollden Board of Directors, including UCANE President Richard Pacella, Jr., of R. M. Pacella, Inc., who was re-elected to serve for a second year.

U

CANE’s Assistant Executive Director Jeff Mahoney opened the meeting by welcoming the attendees, including State Representative Bill Galvin from Canton and UCANE’s lobbyist Mark Molloy from Lynch Associates. He then formally introduced Representative Golden. Jeff said Tom is a lifelong resident of Lowell and was first elected in 1994. He has served on several Committees throughout his legislative career and has been a tireless advocate for his district and a volunteer in his community. He noted that as Chairman of the Committee on Telecommunication, Utilities & Energy, he has seen several proposals every legislative session that can impact our industry.

Representative Golden opened his remarks by thanking UCANE members for the work they did in the restoration efforts in the Merrimack Valley. He said that the amazing work done to restore 45 miles of gas pipe main ahead of schedule did not go unnoticed by many officials and that members should be very proud of their response and what was accomplished. He noted that when he was younger he worked as a utility marker for Columbia Gas Company, and appreciated the difficult work that UCANE members perform.

He then went on to say that in the coming weeks FEBRUARY, 2019

and months there will be hearings to determine what changes need to be made to ensure that an incident like Merrimack Valley never happens again. He told members that it will be a long process, and it is intended to be that way. He wants to make sure that UCANE members are heard, as any change could have a tremendous effect on all underground utility construction.

He concluded by assuring members that the response would not be dictated by headlines, and that message was well received by those in attendance.

Jeff thanked Representative Golden for his remarks and for his continued support of the utility construction industry, and presented him with a plaque in appreciation for addressing our membership. He then introduced UCANE Executive Director Anne Klayman.

Anne began by honoring outgoing 2018 Board Members, Greg Feeney (Feeney Brothers Utility Services), Al Morteo (FED. CORP.), Joe Pacella (RJV Construction Corp.), Chris Valenti (GVC Construction, Inc.), and Ken Vogel (WES Construction Corp.). She thanked them for their support and dedication in making UCANE a stronger and more effective Association.

The 2019 Officers and Board Members in attencontinued on page 49

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47

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Dinner Meeting continued from page 47

dance were then introduced and administered the Oath of Office by Anne. Richard Pacella, Jr., UCANE’s President, thanked the membership for their support and pledged to continue to build upon the success UCANE had in 2018. Richard then noted how over the past 65 years, our members have given unselfishly of their time, most times their personal time, to make our Association a potent force and a vocal advocate for clean water and drinking water issues. He said that he will continue the policy of inviting contractor members to attend board meetings so they can see and hear the decisions we make, the work we do, and the influence and impact these decisions have on all of our companies and the success of their businesses.

Rich outlined some of his priorities for this year including repeating last year’s success in securing increased SRF funding, to assure that a maximum number of projects are put out to bid; to continue to work with MassDEP and the Clean Water Trust in assisting cities and towns to obtain necessary funding for much needed water and sewer projects; and to continue to press for passage of our Dig Safe Bill, as well as our bill to standardize police detail payments; and to continue to oppose and mitigate the impact of legislation and regulations that adversely affect our Industry. He also stated the importance of continuing to strengthen our Association by increasing membership and emphasized that it is only with the membership’s support that we will be able to reach that goal.

Rich concluded his remarks by again thanking the membership for their support and asking contractor members to do business with our Associate Members whenever possible. He said it is important that we support our Associate Members who so generously support UCANE.

Anne closed the evening’s program by providing details about several upcoming seminars, including our Competent Person/Confined Space seminar, which will be conducted by nationally recognized instructor John Barrasso, as well as our Asbestos Cement Pipe certification classes. She then offered a heartfelt thank you to attendees for their support and that she hoped to see everyone at the March 27 Trade Show and Forecast Dinner. n FEBRUARY, 2019

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Construction Safety & Compliance: An Interview with Dan Scimone

Safety Program Manager n HD-Supply White Cap has the Saf HD Supply Construction & Industrial White Cap

to help PLAN the most effective f solutions unique to each jobsite

n We’ve got what you need to PRO equipment fromup thewith best brands UCANE’s Editors of “Construction Outlook” recently caught

(Dan Scimone) at a busy construction site. Dan is the Safety Program Manager for HD Supply Construction & Industrial A.H. Harris/White Cap. We were able to get a few minutes of Dan’s time to talk about the imporCONTACT YOUR SAFETY SPE tance of Safety in today’s heavy construction industry.

TRAINING A What is your background in Construction Safety?

I graduated from Keene State College with a BS in Safety Studies and a minor in Environmental Science. Prior to my current position, I was a safety director for several concrete contractors in Massachusetts. Working for a contractor I had a wide range of responsibilities including new hire orientation, creating and updating Health and Safety Programs, safety training of employees, and conducting job hazard analyses. I was also tasked with accident investigations and managing worker’s compensation claims. In 2015, a great opportunity was presented to me at HD Supply White Cap where I could utilize and expand my background in construction safety. As the Safety Program Manager covering Rhode Island and Massachusetts, I work with 60 in-house employees at multiple branches to make sure our facilities are accident free. I coordinate demonstrations by factory reps on all types of construction tools and equipment that we sell to make sure our employees, as well as our customers, know how to properly operate them.

A good deal of my time is spent doing on-site safety training and mock safety audits for our contractor customers, which, is offered as a free service by HD Supply White Cap. Tell us about the culture of safety that exists at HD Supply White Cap. HD Supply White Cap fully recognizes the need for safety within our organization’s facilities and on all of our customer’s jobsites. We have knowlFEBRUARY, 2019

DAN SCIMON

SAFETY PROGR Daniel.Scimone@ 857.488.6728

SERVING n New England

edgeable professionals who can provide solutions to many issues our customers face on their jobs.

There are 26 safety program managers across the U.S. and Canada who are responsible for educating account managers and customers with task specific safety information. Through this communication of safety information our goal is to prevent injury, illness or death in the work place. Between the HD Supply safety program managers, product sales specialists, category managers, and our vendor partners, we have an extensive network of expertise available for our customer.

HD Supply White Cap truly cares about their customers also and offers my on-site services to assist with promoting safety whether it be in the shop or on the job. From proper use of PPE, to refresher training, to product training, to facility safety evaluations, etc., we are available to help our contractors operate safely. continued on page 52

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51

Safety & Compliance continued from page 51 What are some of the biggest challenges you face as a safety program manager?

The biggest challenge I have experienced as a safety professional is influencing a culture of thorough pre-planning. We strive to prevent injuries and sometimes find ourselves reacting to an incident instead of preventing it. It is crucial to continuously train our workforce to ensure they are current with regulations, new tools, and new technology. The worst phone call to receive as a safety professional is a report of a new injury. We strive to identify how methods could be altered for the future. We can also learn a great deal from an accident and how to prevent a re-occurrence.

Supply White Cap offers stand-downs during safety week and any other time during the year. Implement a stand-down when tasks change, new employees are hired, prior to high hazard work, where exposure exists, or when an accident occurs. Whenever we conduct a safety stand-down, we can ensure at least one person walks away from that event with a new safe practice that they can apply to their work. That new safe practice could be the difference in life or death for that worker. I encourage all companies to SAFETY stand down whenever the means are necessary and TRAINING not only wait for “Safety Week.” n

What advice do you have for new safety directors, specifically pertaining to the current construction climate/current jobsite risks?

Get to know every single employee in your company well and be familiar with the skill sets of each one of those people. Experienced tradesman and managers will be an incredible source of knowledge for any major decisions you make in your career as a safety professional. Familiarn HD Supply White Cap’s fleet of Safety Awareness n HD Supply White Cap has the Safety Specialists Trailers will be on jobsites from coast to coast to help PLAN the most effective fall protection ize yourself with standard compasupporting contractors with specialized TRAINING solutions unique to each jobsite on the safe use of fall protection equipment n We’ve got what you need to PROVIDE all the ny procedures as well as OSHA’s n Over 100 jobsites were visited last year and over equipment from the best brands in the industry 5,500 end users were trained extensive regulations that apply to Water Works Specialist your work. That will allow you to CONTACT YOUR SAFETY SPECIALIST TODAY FOR QUESTIONS ON JOBSITE SAFETY, John Hoadl PROPER PRODUCTS TO ENSURE WORKER SAFETY. provide valuable guidance to comWater Works SpecialistTRAINING AND Tel:781-878-8098 Fax:781-878-5298 Water Works Spe pany employees. This will earn TRAINING & SERVICES Tel:781-878-8098 SCIMONE Tel: 781-878-8098 Fax:DAN 781-878-5298 Power Tool Safety Awareness Fall Protection Awareness Sessions your trust with your co-workers. All SAFETY PROGRAM MANAGER Rescue Awareness Fall Protection Equipment Inspections Daniel.Scimone@hdsupply.com Confined Space Awareness JSA / JHA assistance 857.488.6728 employees of each company needProducts Are the Most Trusted “Our NamesNames in the “OurIndustry” Products Are the Awareness Most Trusted N Lockout Tagout Fall HazardIndustry” “Our Products Are the Most Trusted inAssessments the SERVING Glove Audits Heat Stress / Hydration Sessions to be on board with positively rein� Awareness U.S. Pipe ● Cultec Objects from Height/ Tool Tethering Lifting Slings / Chains Inspections � U.S. Pipe ● Cultec Chambers New England Mueller Fire Hydrants ● Nation Ladder Safety/ Inspection Audits � • U.S. Pipe • CultecJobsite Chambers forcing what you preach. The goal PPE Awareness � Mueller Tapping Respiratory Sleeves Fit &Testing Valves ● ADS P � mind Mueller Fire Pipe & Plastics • Hydrants Mueller Fire Hydrants ● National • National Pipe & Plastics Direct line to Manufacturers Reps to aid in Problem Solving and New Product education is to instill a safety conscious � Smith Blair Clamps & Couplings ● Genera Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers • Mueller Tapping Sleeves & • &ADS Pipe & Chambers in every person you can�reach.

Mechanical Services � Tapping Sleeves & Gates Installed • Clamps Smith & Blair Clamps & Couplings • General Foundry Castings Strive to be the safety coach in- Blair � Smith Couplings ● General Foundry Castings � Line Stop / EZ Valves stead of the safety cop. At the Mechanical Services � Cutting of Chilled Water Lines & Mechanical Services � Pressure Testing & Disinfection o end of the day, an employee will � Tapping Sleeves & Gates Installed / Cut � Installation & Testing of Backflow • Tapping Sleeves & Gates Installed / Cut remember a safety tip you share � Large Diameter Hydraulic Pipe C � Line Stop / EZ Valves • Line Stop / EZ Valves when it is positively presented and � Hydrant Installation & Repair � Cutting ChilledWater WaterLines Lines&&Steam SteamLines Lines � Electronic Leak Detection • Cutting of of Chilled relatable to themselves.

“Water-Sewer-Drain Supplies at a Com • Pressure Testing &&Disinfection � Pressure Testing DisinfectionofofNew NewMains Mains www.hoadleyandsons.com • Installation && Testing ofof Backflow � Installation Testing BackflowPreventers Preventers How do you think contrac24 24Hours Hours672 Union Street Rockland, MA • Large Diameter Hydraulic Pipe Cutting Sales& Service Sales & Service tors as well as their work� Large Diameter Hydraulic Pipe Cutting • Hydrant Installation & Repair Serving allall ofof Serving ers can benefit from organized � Hydrant Leak Installation & Repair New England • Electronic Detection New England and OSHA endorsed events like � Electronic Leak Detection Safety Week and the National “Water-Sewer-Drain Supplies at Supplies a Competitive Price” Price” “Water-Sewer-Drain at a Competitive Safety Stand-Downs? n

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UCANE Co-Sponsors AGC MA Opioid Summit For Construction Industry UCANE joined AGC MA and other construction association partners on January 23, 2019 for a Construction Industry Opioid Summit at the Westin Copley Hotel in Boston to address this crisis affecting employees and the construction industry. Over 170 people attended the summit, where respected health care providers, construction companies, and trade union panelists shared their perspectives on implementing practical solutions that can assist your employees and their families.

T

he summit began with a presentation from former White House Director of the Office on National Drug Control Policy, Michael Botticelli, now Executive Director of the Grayken Center for Addiction. He included staggering statistics on how the crisis has affected the entire country and specifically the construction industry. Besides the human toll addiction has on individuals and families, the crisis has also had a tremendous economic impact and is also one of the contributing factors to the shortage of qualified workers.

Mr. Botticelli was followed by healthcare experts from Blue Cross Blue Shield of MA, and Boston Medical Center who discussed what they have been doing as healthcare providers and employers. They focused on prevention, intervention, treatment, and recovery and the importance of company leadership

FEBRUARY, 2019

getting involved to help solve the problem. Several construction industry representatives then spoke about what contractors can do, including learning about addiction, seeking and sharing resources, and offering compassionate support.

Tim Irving, Assistant Region I Administrator for the Occupational Safety & Health Administration (OSHA) was the final presenter. He provided a government perspective and how OSHA is promoting a 24/7 workplace challenge, where employers should not only strive to ensure that every worker returns home safely, but also arrives healthy at the start of the next shift.

UCANE will continue to work with industry partners, as well as Governor Baker and his Administration, so that we can find solutions and protect all employees’ health and well-being. n

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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FEBRUARY, 2019

Are You Ready for the Massachusetts Family and Medical Leave Law?

On June 28, 2018 Massachusetts became the 6th state in the country to enact laws for paid Family and Medical Leave (FML). MGL Chapter 175M is the most generous FML law in the country. A new Department of Family and Medical Leave has been established within the Executive Office of Workforce and Development to implement this new law.

Regulations – Final Draft – will be issued by March 31, 2019 and the State will start collecting payments from employers on July 1, 2019.

Employees can begin utilizing the FML benefits in 2021.

FEBRUARY, 2019

Brief Summary of the Law* 1. Employees shall be allowed to take temporary leaves from their jobs for certain family and medical situations. Family leave maximum is 12 weeks. Medical leave maximum is 20 weeks (26 weeks in certain circumstances for employees or spouses in the military). An employee cannot take more than 26 weeks for a combination of medical and family leaves in a single year. All employers are required to provide the FML benefit.

2. Employees are to notify their employer in writing at least 30 days in advance of a foreseeable leave and as soon as practical in the case of an emergency.

3. Employees will also submit an application to the Department of Family and Medical Leave for approval of the leave. Supporting documentation shall be provided to the Department.

4. Employees will receive wage benefits during approved leaves from the State. The amount will be determined based on a formula within the law, not to exceed the initial cap of $850/week. Annual continued on page 56

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55

Family & Medical Leave continued from page 55

5.

6.

7.

8.

adjustments to the wage calculations and the cap are provided for in the law. In most cases there is a 7-day waiting period from commencement of the leave until FML payment accrual begins.

Leaves may be taken in consecutive time or the leaves may be taken intermittently or in the form of a reduced work week if approved by the Department. An employee has one year from the commencement of an approved leave to utilize the leave benefit.

Seniority, bonuses, vacation time, sick time, etc. shall continue to accrue on behalf of the employee during the leave. Additional benefits that an employer provides may also be due to the employee during the leave. Specifics are subject to clarification through final regulations.

The employee shall be allowed to return to his position. It is unlawful for an employer to retaliate against an employee for taking a lawful leave under MGL Chapter 175M. To finance this FML, the State set up a separate FML Trust Fund similar to the Unemployment Insurance Fund. All employers shall be required to calculate .63% of each employee’s W-2 wages and submit it to the Trust Fund similar to the way

they calculate and pay Unemployment Insurance.

9. The employer can choose to pay the total FMLA contribution themselves or they may share the cost of this benefit with the employee. Employers with 25 or more employees are required to pay a minimum of 50% of this calculated cost. Employers with 24 or fewer employees are not obligated to the 50% employer paid portion.

10. Full text of the Law is available at https://malegislature.gov/Laws/SessionLaws/Acts/2018/Chapter121 *This summary is brief and intended to highlight some of the aspects of this new law. It is not intended to be all inclusive and is not guaranteed. Regulations are to be produced by the Department that will clarify all elements of the law. They are currently in draft form and input and comment from the public is invited.

Preliminary Draft Regulations Released January 23, 2019 The Executive Office of Workforce and Development published a preliminary draft of the proposed rules, regulations, and procedures on January 23, 2019. For a copy of the complete draft visit: https:// www.mass.gov/orgs/department-of-family-and-medical-leave continued on page 57

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Family & Medical Leave continued from page 56

Listening Sessions Held for Draft Regulations During February the Executive Office of Labor and Workforce Development (EOLWD) held seven public listening sessions throughout the Commonwealth with respect to the preliminary draft regulations for FML. The public was invited to attend and share their comments, public testimony, views, arguments, etc.

UCANE has provided written correspondence and met with EOLWD to express regulation concerns on behalf of the construction industry in particular, and the business community at large. The Department will take into consideration all comments on the Preliminary Draft Regulations and is planning on producing a Formal Draft of the Regulations by March 31, 2019.

Prior to that date the Department will continue to accept written presentations via email at MassPFML@Mass.gov

Looking Ahead After presenting the Formal Draft Regulations by March 31, 2019, the Department will seek additional public input in a forum to be announced. UCANE will continue to work with EOLWD during the upcoming months on behalf of our members in order to produce a fair and clearly written set of regulations. EOLWD is committed to filing the FINAL Regulations by July 1, 2019, which is the same date that employers will begin their obligation to make payments into the FML Trust Fund.

and postings of the new FML benefits in the employee’s primary language.

• Review your plans for compliance with the new law with your accountant and/or attorney before implementing them.

• If you are self-employed, refer to the laws and regulations for further details • If you already provide FML benefits to your employees equal to MGL Chapter 175M, you may be exempt from the FML payroll tax.

Review the 1/23/19 Draft Regulations and submit written comments or questions to the Department at MassPFML@Mass.gov. n

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Mashpee Regulatory Boards Plunge Into Wastewater When wastewater consultant J. Jefferson Gregg started assisting the Town of Mashpee, he did not have children. On Monday (Jan. 14), in front of all of the town’s regulatory boards, including the Mashpee Board of Selectmen, he joked that he now has a child old enough for college.

An environmental engineer with the Hyannis-based engineering firm GHD, Mr. Gregg has been readying the town for a massive sewer project since 2001 and, while no pipes have been laid, the town is poised.

T

he selectmen hosted meetings on Monday (Jan. 14) and Tuesday (Jan. 15) for members of the board of health, zoning board of appeals, planning board, conservation commission and the sewer commission, who all huddled around the conference room at Mashpee Town Hall to take in an overview of the town’s massive wastewater plans.

The meetings were called to get the town’s leaders and planners on the same page.

Mashpee is one of only a few towns on the Cape to have a state-approved, comprehensive sewer and shellfish plan.

The Mashpee plan has been estimated to cost some $250 million and take about 40 years to implement.

Still, questions remain: Will the enormous cost be shared equally by the town’s tax base, or by homeowners directly tied into the sewers? And who will manage the project—an outside company, public utility or the town?

While these are unanswered, the town has no option but to move forward, Mr. Gregg says, as its two main watersheds are well above pollution thresholds maintained by state and federal entities.

In 2015, the Massachusetts Executive Office of Energy and Environmental Affairs issued a certificate for Mashpee’s comprehensive nitrogen-mitigation plan that calls for sewer collection systems throughout parts of the town to meet a threshold acceptable

FEBRUARY, 2019 SEPTEMBER, 2016

Members of Mashpee’s regulatory boards met with the board of selectmen January 14-15 to talk wastewater. with state and federal standards. Various initiatives, including using shellfish, are called for in an effort to reduce nitrogen pollution in the town’s two main watersheds—Popponesset Bay and Waquoit Bay. Mashpee is not alone in its responsibility to clean coastal bodies of water. Every town on the Cape has bays that need cleaning, especially those that have estuaries south of Route 28. In the southern region, embayments have little flow into the ocean, and thus higher concentrations of nitrogen, compared to their northern counterparts.

But all share the same problem: the majority of nitrogen flowing through groundwater into the bays is a result of outdated cesspools and septic systems. continued on page 61

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Cape Cod continued from page 59 Sewers, for the most part, are the most effective method of removing nitrogen from groundwater, since it collects wastewater directly from homes; but where that wastewater is taken from there leads to other questions.

Is the treated wastewater filtered underneath golf course fairways, or is it pumped out of the town’s watershed to less fragile environments such as the Cape Cod Canal? All were questions addressed at the meetings.

Mashpee, since the 2015 report was approved, has, for the most part, stalled on moving forward with the project, which was expected to begin in 2017.

Phase 1, as presented by Mr. Gregg, includes mitigation of the Mashpee River watershed. The big part of the project includes design and construction of what has been termed the Site 4 wastewater treatment facility near the Mashpee Transfer Station. The facility would treat water pumped from a sewer system constructed along a narrow area starting at town hall and stretching south to Quinaquisset Avenue.

The facility would be built with consideration for expansion for further phases of the plan.

Also included in phase one is the continuation of the town’s shellfish propagation.

Phase 2, expected to take place between 2022 and 2026, includes installing a collection system for much of central Mashpee and potentially connecting to and expanding a treatment facility currently located at Joint Base Cape Cod as well as at Mashpee Commons. Both the Mashpee Commons and base proposals have asterisks attached. How will the expansion of Mashpee Commons affect the town’s proposal? And Joint Base Cape Cod is currently looking to offload its treatment plant to another entity, but what will that be and what kind of work needs to be completed? These are still unanswered questions that could impact Phase 2.

If the Mashpee Commons or Joint Base options fail to meet the town’s needs, the plan calls for expanding the transfer station plant as well as looking to a facility at Willowbend, Stratford Ponds, South Cape Village and Windchimes, all private entities. Mr. Gregg noted that the town should continue to discuss these options with the owners of the treatment plants to make sure they are options in the future.

The remaining phases, estimated to end in 2041, depend on how well shellfish have done in reducing the nitrogen loading, as well as the sewer collections built up to that point. If shellfish prove effective at reducing nitrogen limits, it could mean fewer sewer continued on page 63

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Cape Cod continued from page 61 collections, and lower costs. If not, the plan calls for the potential of another treatment plant located at the fire station on Red Brook Road, deemed Site 6.

Discharge areas—Sites 1, 2, and 3—are planned for the eastern edge of the base, and Site 7, a recharge area, is a fairway in New Seabury that leads directly into Nantucket Sound, rather than a fragile estuary.

Site 7 came up as a concern for some attending the meetings. Zoning board chairman Jonathan D. Furbush questioned the proximity of the site to a public well. Mr. Gregg responded that the well would be taken into consideration and that a study would know the direction of treated water’s flow. Joseph Lyons, a member of the sewer commission, noted that at that point in the process, the treated water would be essentially drinkable and sterile.

Still, others had concerns about working with New Seabury. Planning board member Dennis H. Balzarini asked if eminent domain should be considered. Selectman Andrew R. Gottlieb suggested that the town should use eminent domain sparingly, and instead try to work with private entities before resorting to legal actions.

of the health board, Brian J. Baumgaertel, said he had concerns beyond just nitrogen removal from wastewater. The health board chairman said there is no proof that shellfish are effective at removing phosphorous, which he said could make for a bigger problem.

He also urged the group to consider other contaminants when moving forward. In a moment of humor during the meeting, Mr. Balzarini pointed out that he does not “want to be drinking Prozac.”

Mr. Gregg presented information about how many towns across the Cape have moved forward with funding their own projects. Provincetown, Chatham, Barnstable and Falmouth are the only towns, he said, to have started significant public sewer programs.

For Chatham, he said the town started years ago with the effort of building sewers. The town created a model that over several years led to a minor increase on the tax base, Mr. Gregg said.

In Falmouth and Barnstable, the towns used a combination of betterments and an increase in taxes.

The towns decided that properties connected to the sewer would be charged a betterment fee.

Others had concerns about using shellfish instead of sewers to treat wastewater. The chairman

In Falmouth’s recent Little Pond sewer project, continued on page 64

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Cape Cod continued from page 63 for instance, homeowners around the pond paid a percentage of the project as they were direct benefits of a sewer line, while taxpayers across the town paid the remaining amount.

As another point of consideration, Mr. Gregg pointed to several state and federal grants available.

Most significant, state lawmakers passed a shortterm rental tax in December that could provide a significant amount of funding to Mashpee. Mr. Gottlieb, who was involved with writing the legislation, said it is still unknown how much will be collected into the account that will fund Cape Cod wastewater projects, but he said it will be more than zero dollars, and could pay up to 25 percent of the principal on an infrastructure project.

Through another special legislation passed years ago, the town also could receive a zero-percent interest loan for wastewater infrastructure from the state.

Selectmen are waiting on the town’s in-house finance team to assemble a package on potential funding sources for the project. Last year, the board voted to give the team the task of compiling several options for funding the first phase of the project, from betterments to surcharge taxes to state-approved, zeropercent-interest loans. The package is due March 1.

Also under consideration is who will manage the project during construction and after it is completed.

For several years, the town had pursued creating a public utility, similar to the Mashpee Water District, that would oversee and manage the sewer-collection operation. But in 2015, voters widely rejected a ballot question that would have created the district. The nay vote left the town in control of the operation.

On Tuesday (Jan. 15), Mr. Gregg provided context on what other towns have done. In Chatham, the town hired a private company to design and build its collection system. The same company, the consultant said, remained on to manage the operation; it reports directly to the town’s department of public works. He said that it is still a town effort, but the private company is essentially an extension of public works.

In Barnstable, the town operates an enterprise fund for its sewer facility, which is run by the department of public works. Barnstable, he said, is different in that it has a much larger public works department than Mashpee.

In Falmouth, similar to Barnstable, the town uses in-house staff to manage its operation, which acts as an extension of the public works department as well. Additionally, Falmouth has a water-quality committee that provides perspective and planning of its continued on page 65

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Cape Cod continued from page 64 wastewater projects. The group looks at sewer infrastructure, as well as several alternatives, including shellfish, permeable reactive barriers and innovation/ alternative septic systems.

Following this week’s meetings, Carol A. Sherman, chairman of the board of selectmen, said she was pleased and encouraged with the turnout at the meeting, as well as by the energy of those involved.

“It’s good to know that we have everyone on board,” Ms. Sherman said. “Let’s keep this going.

Let’s not just put this on the back burner.”

Although no concrete action was taken on Monday (Jan. 14) or Tuesday (Jan. 15), Ms. Sherman said that she believes the regulatory boards were now on board with the plan, and that the selectmen could move forward.

Up next for the selectmen, the chairman said, is to figure out who will manage the sewer plan.

In addition, she said that she would call another meeting together with the same group to discuss another town issue such as traffic or housing. Selectmen will take comments from those meeting this week on a follow-up conversation.

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John E. Merchant, CPA

IN THIS ISSUE

• Putting Stock Market Volatility in Perspective • Making Stock Sales Less Taxing • New Tax Law Enhances the Appeal of C Corporations

A

Client Bulletin

Cullen, Murphy & Co., P.C.

Smart tax, business and planning ideas from your Tr

Putting Stock Market Volatility in Putting stock market volatility in persp Perspective

s of this writing, in late 2018, the U.S. stock market has been extremely volatile. By the time you read this article, in February 2019, stocks may have stabilized, may have risen, or may have dropped dramatically. The last stunning market retreat, which made tumultuous news in late 2008, reached its bottom in February 2009.

Future stock prices are unknown. That said, a knowledge of history may help you invest prudently. Over time, staying the course has largely paid off for patient investors.

that balance dr afternoon.

Moreover, Black one-day pullba had peaked at 3 Monday, that in of more than 33 however, the S& 1989.

Similar events h After a long bul tech stocks, the That bub 777. The stock market recovered, but the following 2000. filasted until 200 nancial crisis took the S&P from a peak of 1,565 in 2007 at 777.

The stoc As of this writing, in late 2018, the U.S. stock to a trough of 677 in 2009, which was also followed by market has been extremely volatile.

By the the following fin Looking Back a lengthy rebound. After flirting with 3,000 in September time you read this article, in February 2019, from a peak of 2018, the index was over 2,700 two months later.

Perhaps the most traumatic day for stocks in the stocks may have stabilized, may have risen, 677 in 2009, wh last half-century was October 19, 1987. In a single day, or may have dropped dramatically.

The lengthy reboun Successful Strategies the benchmark S&P 500 Index fell by more than 20%. last stunning market retreat, which made September 201 One key takeaway from this history lesson is that An investor who went to sleep on Sunday night with tumultuous news in late 2008, reached its two months lat the broad U.S. stock market, measured by the S&P, $100,000 in stocks and stock funds may well have seen bottom in February 2009. has gone from 337, shortly before the 1987 meltdown, that balance drop below $80,000 by Monday afternoon.

Successful str to a value that’s more than 8 times as great in about 3 Moreover, Black Monday was hardly a one-day Future stock prices are unknown. That said, One key takeaw decades. Every market stumble, correction, or crash pullback. In August 1987, the S&P had peaked at 337 a knowledge of history may help you invest that the broad U in this time period has proven to be a buying opportuindex points. After Black Monday, that index was down prudently. Over time, staying the course has by the S&P, has nity for investors who buy and hold stocks. to 225, a drop of more than 33%. Even after Black Monlargely paid off for patient investors. before the 1987 Such returns in the future aren’t guaranteed, but day, however, the S&P regained its peak value by 1989. more than 8 tim this prior experience decades. Every Looking back is encouraging. Two proven inSimilar events have occurred in this century. After a vestment methods aretraumatic suggested.

Perhaps the most day for stocks in or crash in this long bull market fueled largely by tech stocks, the S&P a buying oppor the last was October 1987.

For one,half-century periodic investing has 19, paid off.InIf you peaked at 1,527 in 2000. That bubble burst, and a long a single day, the benchmark S&P 500 Index decline lasted until 2002, when the S&P bottomed at continued on page and 68 hold stocks fell by more than 20%. An investor who went Such returns in to sleep on Sunday night with $100,000 in but this prior ex stocks and stock funds may well have seen 2019 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

67 FEBRUARY, proven investm

Financial Management continued from page 67 participate in a retirement plan such as a 401(k) and you direct some of your contributions into the stock market, money is coming out of each paycheck into equities. You’re buying during market lows as well as during highs, which may lower your cost per share and raise your return from long-term gains.

The second tactic involves what to buy, rather than when to invest. Despite the long-standing strength of equity markets, many investors have lost money in stocks. Often, the reason is buying the wrong stocks and suffering from problems or unrealized expectations at the chosen companies.

You can reduce company-specific risk and increase your chances of participating in any broad market gains by buying multiple stocks with various attributes. Many investment advisers recommend some form of diversification within the equities markets: foreign as well as domestic companies, small firms as well as large ones, a mix of industry sectors in your portfolio. Blending stocks with other holdings, such as bonds, can dampen overall volatility and provide valuable comfort when equities plunge.

A Matter of Time The preceding statistics paint a rosy picture, but there is a major caveat. Markets always have rebounded

Trusted Advice Double Category Averaging

• Another method, “double category” averaging (separate averages for long-term and short-term holdings), was used in the past. That option has been abolished.

• Investors who were using the double category method for stock acquired before April 1, 2011, must figure basis by averaging together all identical shares of stock in the account on that date, regardless of the holding period.

• This applies when an investor sells, exchanges, or otherwise disposes of that stock. to the benefit of those buying when stocks go “on sale.”

That’s not the case, however, if you are not able to keep investing regularly. Once you stop working and the paychecks stop, you might be taking dollars out of your portfolio, rather than investing at possible bargain prices.

Therefore, as you approach retirement, a steep decline in the value of your holdings can imperil your future lifestyle. Regardless of whether stocks are soaring or sinking, shifting assets to less volatile investment categories might be considered. continued on page 69

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Financial Management continued from page 68

A

Making Stock Sales Less Taxing

s explained in the article, “Putting stock market volatility in perspective,” patient investors generally have prospered over the long term. Nevertheless, there are many reasons for selling stocks. Knowing the basics can help improve your tax position.

Selling shares held in a taxable account will trigger taxable capital gains or losses, unless the sale proceeds are exactly the same as your basis – your cost for tax purposes. If you are making a complete sale from an investment position, the calculation of basis is fairly simple.

all of those shares for $42,000. Joan has invested $25,000 in those shares and reinvested $2,800 of dividends from the fund, so her basis is the total: $27,800. Thus, her taxable gain is the $14,200 difference.

Many fund companies will track purchases and dividend reinvestments for shareholders; the companies also will report the amounts of long-term and short-term gains (reflecting whether assets wereheld for more than a year), which are taxed at different rates. Not all fund companies provide complete records, so it’s a good idea to keep careful track of your securities transactions.

Note that Joan will have a tax obligation even if she asks fund company ABC to move all of her money in ABC Large Company Growth Fund to ABC Small Company Value Fund. If this transaction occurs in a taxable account, a gain or loss will be reExample 1: Joan Harris has owned shares of ported.

ABC Large Company Growth Fund in a taxable Kendall Lubricants Announcement 6-18.qxp_Dennis K. Burke 6/21/18 3:19 PM Page 1 account for many years.7.5Inx 5March 2019, she sells continued on page 70

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Financial Management continued from page 69

in a given fund, before a sale, by the number of shares you held then. If you choose this method, you must use it for all future sales of that fund’s shares.

Partial Parting The situation is different if an investor sells part of a position in a security.

Example 2: Suppose Joan requests a sale of $20,000 from the large company growth fund, out of her $42,000 holding. As noted in example 1, Joan has invested and reinvested in those shares over a period of years. In this case, Joan can choose among multiple options for tax reporting.

•

First in, first out (FIFO). Assume that this fund’s shares are priced at $20 on the date of the sale.

Joan will be selling 1,000 shares; with FIFO, that would be the first 1,000 shares that she purchased.

As long as fund company ABC keeps track, it will report the amount Joan paid for those 1,000 oldest shares. If Joan paid a total of $11,000 for those shares, her gain will be the $9,000 difference.

The disadvantage of choosing FIFO is that the taxable gain may be high after a long period of stock market growth. On the other hand, the entire sale may qualify as a favorably taxed longterm capital gain, if all the shares were held for more than a year.

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70

In our example, Joan sells $1,000 shares at $20, to receive $20,000. With an average cost of $13.238 a share, Joan’s basis in the 1,000 shares sold is $13,238. By receiving $20,000, she has a $6,762 taxable gain. Note that some of those gains may be short-term if Joan has bought any shares in the fund within a year or less from the sale date. continued on page 71

Did You Know?

I

n 2019, the standard premium for Medicare Part B (covering medical bills) is $135.50 per enrollee a month. However, seniors who had modified adjusted gross income (MAGI) over $85,000 in 2017 (over $170,000 on joint tax returns) will pay more. Monthly costs go as high as $460.50 per enrollee with 2017 MAGI of at least $500,000 or $750,000 on joint returns.

Source: medicare.gov

Specific identification. As the name indicates, with this method the investor designates the shares to be sold. To sell 1,000 shares, Joan might indicate the 500 shares bought in January 2016 and the 500 shares bought in April 2017.

Assuming those shares were those with the highest purchase prices, Joan may be able to minimize her capital gain or obtain a capital loss, MBO Precast Inc. which can provide tax benefits.

This method requires careful 4 Marion Drive • Carver, MA 02330 record keeping, and you will T: 508-866-6900 • F: 508-866-5252 have the burden of proving the www.MBOPrecast.com basis in the designated shares at the time of the sale.

The preceding choices are available to all investors, whether they hold mutual funds or individual securities.

Another method is available only to mutual fund investors and to investors in certain dividend reinvestment plans.

•

Example 3: As previously explained, Joan calculates that she has put a total of $27,800 into ABC Large Company Growth Fund. At the time of her sale, she owns 2,100 shares, trading at $20. Dividing her $27,800 investment by her 2,100 shares, Joan calculates the average cost at $13.238 per share.

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Average cost. With this method, you divide the amount you have invested and reinvested “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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Financial Management continued from page 70

M

New Tax Law Enhances the Appeal of C Corporations

any owners of private companies have been leery of operating as a regular C corporation. If you make that choice, you will be exposed to double-taxation of business income.

First, a corporate income tax applies to the company’s profits. Second, any dividends that pass to you and other shareholders will be subject to personal income taxes. Making matters even more expensive, your C corporation won’t get an income tax deduction for the dividends it pays out.

Pain Relief The Tax Cuts and Jobs Act (TCJA) of 2017 has made this tax parlay easier to bear. Personal income tax rates generally have come down: the top federal rate, from now through 2025, has been lowered from 39.6% to 37%, for example.

During these years, corporate income will be taxed at a flat 21%, regardless of the amount. (Formerly, there was a graduated tax schedule, going up to 35%.) These tax rate reductions, combined with the retention of the 15% or 20% tax rates on qualified dividends received (which are based on the capital gains rates), may make it cost effective to operate your business as a C corporation.

Example: Mike Morton owns 100% of a C corporation, which has a $100,000 profit this year. The company pays $21,000 in corporate income tax, at 21%, and pays the $79,000 balance as a dividend to Mike.

Assume Mike and his wife Nora owe the maximum 20% tax rate on the dividend, as well as the 3.8% net investment income tax on that dividend: 23.8% of $79,000, or about $18,800. Altogether, the total tax on that $100,000 of company profits is $39,800, which is much less than it would have been, under the 2017 tax rates.

At the same time, C corporations pose other tax perils. Owners may have to contend with possible unreasonable compensation (paying too much in salary and bonus) and excess accumulated earnings (saving too much, rather than paying dividends) issues. Your accountant can help you put numbers on all of these looming tax traps, so you can make an informed decision.

Reprinted from CPA Client Bulletin. n

Bioretention Soil? Who makes that?

Stabilized stonedust? Who makes that?

CU-Structural soil? Who makes that?

Green roof soil? Who makes that?

Reinforced soil? Who makes that?

Pros and Cons Other factors should be weighed when deciding on a business entity. For example, C corporations have some tax advantages, such as the ability to deduct the cost of certain fringe benefits and not pass on imputed income to significant shareholders.

FEBRUARY, 2019

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71

E.H. Perkins Construction, Inc. & Subsidiaries P.O. Box 301, Wayland, MA 01778 (508) 358-6161 • (781) 890-6505

-PLANT LOCATIONSQUINN-PERKINS S & G CO. Burlington (781) 272-0200 PANDOLF-PERKINS CO. Sterling (978) 422-8812 • (800) 339-3389 KANE-PERKINS CO. Hudson (978) 562-3436 • (800) 287-3436 GRAVEL • SAND • STONE FILL AND LOAM BITUMINOUS CONCRETE (PAVING) READY-MIX CONCRETE PRECAST CONCRETE PRODUCTS

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Advertisers’ Index ATS Equipment, Inc. .............................................................30 Aon Construction Services Group......................................... 17 B2W Software, Inc.................................................................50 BakerCorp..............................................................................58 Boro Sand & Stone Corp.......................................................62 Brennan Consulting...............................................................65 Dennis K. 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L. Edwards, Inc..................................................................23 Ferguson Waterworks............................................................60 Gorilla Hydraulic Breakers.....................................................58 L. Guerini Group, Inc..............................................................62 HD Supply Const. & Industrial AH Harris/White Cap............10 Hinckley Allen LLP.................................................................24 John Hoadley & Sons, Inc.....................................................52 Hydrograss Technologies Inc..................................................7 Industrial Safety & Rescue....................................................56 JESCO...................................................................................65 P. A. Landers, Inc...................................................................32 Lawrence-Lynch Corp............................................................66 Lorusso Corp.........................................................................60 Lorusso Heavy Equipment, LLC..............................................6 MBO Precast, Inc...................................................................70 MJ-Hammer...........................................................................26 Mabey, Inc..............................................................................54 Mass Broken Stone Company...............................................42 Milton CAT...............................................................Back Cover Minuteman Trucks, Inc...........................................................57 Norfolk Power Equipment, Inc...............................................29 North American Crane & Rigging LLC..................................18 North East Shoring Equipment, LLC.....................................61 Northland JCB........................................................................58 Ocean State Oil......................................................................63 Palmer Paving Corp...............................................................64 Pawtucket Hot Mix Asphalt....................................................29 E. H. Perkins Construction Co., Inc.......................................72 Podgurski Corp........................................................................9 E. J. Prescott, Inc................................................Ins. Front Cvr. Putnam Pipe Corporation......................................................54 Rain For Rent-New England..................................................12 Read Custom Soils................................................................71 Ritchie Bros. Auctioneers......................................................42 Rogers & Gray Insurance......................................................48 Scituate Concrete Products Corp..........................................16 Scrap-It, Inc............................................................................ 41 Shea Concrete Products, Inc. ...............................................38 SITECH New England............................................................36 Starkweather & Shepley Ins. Brokerage, Inc........................22 Systems Support Corporation...............................................23 Tonry Insurance Group, Inc...................................................34 Travelers...................................................................................4 United Concrete Products.....................................................50 United Rentals Trench Safety..................................................8 Webster One Source.............................................................66 C. N. Wood Co., Inc. .............................................................20 Woodco Machinery, Inc.........................................................40 Xylem Dewatering Solutions Inc............................................ 11

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Financing offer valid from February 1, 2019 to June 30, 2019 on select models of new machines manufactured by Caterpillar Inc. Building Construction Products Division. To be eligible, a sales contract must be signed during the offer period. Offer cannot be combined with any other offers. Prior purchases do not qualify. Offer subject to machine availability. To receive the financing offer, all balances must be financed through Cat Financial, subject to credit approval through Cat Financial. Financing rate is subject to approval and not all buyers will qualify. Higher rates apply for buyers with lower credit ratings. Payments are based on an installment sales contract with 48 monthly payments and $0 down. Payments may vary. Offer is subject to change without prior notice and additional terms and conditions may apply. ©2019 Caterpillar. All Rights Reserved.