Construction Outlook January 2014

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

January 2014 JANUARY, 2014

MassDEP Releases Draft CY2014 CWIUP & DWIUP Lists

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IN THIS ISSUE

OFFICERS President AL MORTEO FED. CORP. President Elect TONY BORRELLI Celco Construction Corp.

Treasurer JOHN OUR Robert B. Our Co., Inc. Secretary PAUL SCENNA Albanese D&S, Inc.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. JEFF BARDELL Daniel O’Connell’s Sons, Inc. VINCENT BARLETTA Barletta Heavy Division NICK BIELLO J. D’Amico, Inc. KEVIN COLE J. F. White Contracting Co. STEVE COMOLETTI P. Caliacco Corp.

STEPHEN J. CONNOLLY ATS Equipment, Inc. MAUREEN DAGLE Dagle Electrical Const., Corp.

THOMAS DESCOTEAUX R. H. White Const. Co., Inc. ALEX DUNN Travelers JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. MARCO GIOIOSO P. Gioioso & Sons, Inc. BILL IRWIN C.J.P. & Sons Const. Co., Inc. PHIL JASSET Honorary Board Member RICHARD PACELLA, JR. R. M. Pacella, Inc. BRIAN RAWSTON J. Cashman, Inc. KENNETH STEVENS A. H. Harris & Sons, Inc. DAVID ZOPPO R. Zoppo Corp.

KLAYMAN ANNE Executive Director

3 President’s Message:

For the Past 60 Years ...UCANE Was There!

7 Legislative Update: • • • • • •

Second Half of 2013-2014 Legislative Session Brings Potential For Great Activity High Ranking Departures from Massachusetts House of Representatives Martin J. Walsh Sworn in as 54th Mayor of the City of Boston Northeast and Mid-Atlantic States Seek to Curb Air Pollution from Upwind States MassDOR: December Collections Higher Than Last Year Miscellaneous Items of Interest

15 MassDEP Releases Draft CY2014 Clean Water and Drinking Water SRF Lists Totaling Over $405.96 Million 23 Environmental Viewpoint:

The 2013 Construction Equipment Funding Opportunity

25 UCANE’s Third Annual Appreciation Night Trade Show 27 Benefits & HR Strategies:

Five Steps to Ensuring Your Executive Benefits Plan Helps You Attract and Retain Top Talent

30 OSHA’s Top 10 Most Cited Violations in 2013 34 UCANE Celebrates 60 Years of Excellence 37 The Importance of Business Succession Planning: How to Avoid the Fear, Hope, and Greed Cycle of Buying Stocks

39 Remember When...

41 UCANE’s 2014 Scholarship Applications Now Available 43 Federal Advocates Inc. January 2014 Insights 45 Massachusetts Municipal Association News 50 Employers are Reminded to Post Injury & Illness Summaries 53 Financial Management:

• Five Years Later, Tax Lessons Learned • Benchmark Based Life Insurance and Annuities • Underused Deductions for Business Owners

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Al Morteo Editorial Board: Al Morteo, Tony Borrelli, John Our, and Paul Scenna CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; E-mail: aklayman@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff.

Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Abington, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

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UCANE Was There!

As we’ve heard time and time again, underground water and sewer construction in the 40s and 50s was nothing like it is today. Construction and safety standards were somewhat non-existent. Each project’s specifications had their own set of rules and regulations, which were established either by the owner or the engineering company.

Projects were put out to bid only to be withdrawn for any number of reasons, number one being the lack of funding. That was the environment underground contractors faced in the early 50s, but things were about to change because our country was evolving from a war economy to a consumer economy. A booming economy meant good paying jobs and the need for more and better housing for veteran’s and the public who had put everything on-hold during the war years.

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s the old timers were proud to say, “Long before any other underground water and sewer association came into existence, there was UCANE.” It was the fall of 1953 when ten independent water and sewer contractors (Carl Buccella, Frank DiCenso, Carmen Jiustino, Joseph G. Ragone, Joseph Cucci, Jr., Michael Ray, Joseph J. Struzziery, Frank A. Todesca, Oliver V. Volpe, and John Pacella) first met to discuss the problems they were facing in their everyday businesses and how best to resolve some of these issues. As the discussion wore on they realized there were both individual problems and collective type problems associated with their type of construction. While each could bring their individual issues to the projects owner or engineer, the resolution affected only that project and that specific contractor. Their next project could mean that the same issues and problems would need to be resolved. A level playing field did not exist, but was desperately needed. Project financing was a real problem as planned projects were bid and then delayed, sometimes two and three times, requiring contractors to lay off their employees and leave their equipment idle.

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At that time, most, if not all project funding came from local sources. With the demand for veteran’s housing peaking and the exodus of young families from urban areas to the suburbs, the need for expanding clean drinking water and wastewater pipelines started to tax each city and town’s ability to fund projects. More and more municipalities turned to state government for financial assistance. Having no legislative funding mechanism in-place meant time consuming meetings trying to convince legislators to address clean water and waste water issues. As communities became overburdened by the demand for the needed water and sewer infrastructure, it was apparent to contractors that the underground utility industry was fractured. If it was to survive, a strong unified voice was needed to get the attention of local and state elected officials so that they could advocate for more funding and consistent construction and safety laws.

These were the main reasons why UCANE was formed in 1954. From the very beginning and to the present day, UCANE has been instrumental in workcontinued on page 5

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Legislative Update continued from page 3 ing with the legislature, local officials, and the public to raise clean water and drinking water awareness to the level of attention they deserve. But, in reality, it has not been an easy task because as everyone knows our business is “out-of-sight, and out-of-mind.” UCANE has had tremendous success in focusing the attention and efforts of the public, local DPWs, and elected officials to water and sewer issues, such as bringing clean drinking water to more households, building more plants, and efficiently treating wastewater. In general, UCANE’s efforts improved our economy by establishing an underground infrastructure in both urban and suburban areas where new businesses could be formed and established businesses could expand, generating high paying and skilled jobs, and improving the quality of life for our citizens.

Since its inception 60 years ago, UCANE has had “a voice” in every level of government and public discourse to help improve our region’s clean water and drinking water infrastructure. Whether fighting for water and sewer bond issues on the state level; or helping to establish the Clean Water Act, EPA grants, and the State Revolving Loan Fund Program(SRF) on the federal level…UCANE was there. Whether supporting the establishments of the MassDEP, the MWRA,

or the Boston Harbor Cleanup effort…UCANE was there. Whether speaking in favor of improved bidding laws, or the enactment of new trench and excavation regulations, asbestos removal, or cost adjustment laws…UCANE was there.

What I hope each member will take away on UCANE’s 60th Anniversary is pride in our Association’s accomplishments and pride in being a UCANE member. So I ask each of our members to remember how far we have come and to take an active role in an organization with such a proud history. While much has been done, there is still much to do. There will always be new challenges that our industry will face. This Association needs the best among us to impart their knowledge, expertise, and wisdom to the younger members who will follow in our footsteps. In that way UCANE’s legacy, both to our members and to the public, of being an effective advocate for clean water and drinking water issues will be ongoing, and we will continue to make a positive contribution to our state, our region, and our nation. n

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Second Half of 2013-2014 Legislative Session Brings Potential For Great Activity

A

s the Massachusetts legislature returns to complete the second year of the 20132014 legislative session, many observers anticipate a highly active finish to the session.

After the measured pace in 2013, there are indications that the legislature intends to pick-up its pace significantly. Among the issues that the legislature is expected to address include increasing the Commonwealth’s minimum wage while tackling potential reforms to the unemployment insurance system. At the same time, it is expected that a variety of bond bills ranging from the capital bond, transportation bond,

I

and environmental bond – will make their way to the Governor’s desk. Meanwhile, the Senate anticipates taking up legislation to increase water infrastructure options within the early part of the year. The House, in contrast, will be looking at a potential economic development package apart from its interest in undertaking unemployment insurance reform. That all said, the budget process will begin in earnest in late January as the Governor files his budget proposal for fiscal year 2015. The House and Senate are anticipated to take up their budget proposals in April and May, respectively.

High Ranking Departures from Massachusetts House of Representatives

n the span of one week, two high ranking legislators from the Massachusetts House of Representatives announced their imminent departure.

Representative Kathi-Anne Reinstein announced her plans to resign from the Legislature in January to take a government affairs job with the Boston Beer Company. A Revere Democrat, Reinstein was second assistant majority leader, the fifth highest post in the House hierarchy.

In news that also reverberated around the State House, the State House News Service reported that Representative Eugene O'Flaherty will resign from the House in January to take a position as Boston Mayor Martin Walsh's corporation counsel.

O'Flaherty, who represents Charlestown and has chaired the House Committee on the JudiJANUARY, 2014

ciary since 2002, will take on the role of chief counsel in the Walsh administration, overseeing the department responsible for all litigation in which the city is involved.

O'Flaherty has represented the Second Suffolk District in the House since 1997, serving in his ninth term. A graduate of Suffolk University and the Massachusetts School of Law, O'Flaherty will replace current corporation counsel William Sinnott, who had served under former Mayor Thomas Menino.

The law department O'Flaherty will helm includes approximately 60 lawyers, paralegals, and support staff, and represents not only the mayor, but also the City Council and all city departments, including the police, fire, and school departments. continued on page 9

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Legislative Update continued from page 7

Martin J. Walsh Sworn in as 54th Mayor of the City of Boston

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s widely reported, former State Representative Martin J. Walsh was sworn in as the 54th Mayor of the City of Boston on January 6. In a ceremony that also included the swearing-in of the Boston City Council, Mayor Walsh delivered his inaugural address, committing to moving a united Boston forward, a City that provides community, opportunity, and equality to all its citizens.

In his address, Mayor Walsh outlined major priorities as he begins his term, including: strengthening Boston’s economy and creating jobs; improving public safety and bringing an end to gun violence; ensuring Boston’s schools; and increasing transparency in local government.

As reported in a press release from his office, Mayor Walsh’s first endeavor will be aimed at “redoubling crime prevention efforts and recommitting the City to the safety of every citizen.” Mayor Walsh spoke of the particular importance of improved trauma response, family support, and substance abuse programming.

After a speech delivered before thousands at the Conte Forum at Boston College, Mayor Walsh said he will also immediately begin a search for a proven urban education leader to serve as the next Superintendent of the Boston Public Schools. The Mayor’s commitment to moving Boston Public Schools forward will focus on eliminating the achievement gap, universal early education, high school reform, inclusion and dual language programs, and high quality career and technical training.

Other priorities Mayor Walsh outlined in his address included gaining a better understanding of the needs of Boston’s seniors; strengthening City ethics requirements; revitalizing support to neighborhood businesses; and restructuring the Boston Redevelopment Authority to make Boston a leader in streamlined, transparent, and effective job and business growth.

Massachusetts Supreme Court Chief Justice Roderick L. Ireland administered the Oath of Office to the Mayor. continued on page 11

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Legislative Update continued from page 9

Northeast and Mid-Atlantic States Seek to Curb Air Pollution from Upwind States

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ccording to a press release from the Massachusetts Department of Environmental Protection (DEP), the Commonwealth recently joined seven other Northeast and Mid-Atlantic states that petitioned the U.S. Environmental Protection Agency (EPA) to require upwind states to reduce air pollution generated within their borders.

The multi-state action is aimed at requiring nine upwind states - Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, Virginia, and West Virginia - to be a "good neighbor" by reducing air pollution emissions that are carried by prevailing winds and contribute to the formation of ozone to the north and east. The petition seeks long-overdue commitments from the upwind states to protect the health of downwind residents and to level the playing field for businesses.

According to the DEP press release, the petition cites decades of inaction by the upwind states during which time the eight Mid-Atlantic and North-

eastern states have spent tens of billions of dollars to reduce their own air emissions. The petition asks the EPA to require the nine upwind states to join them in what is known as the "Ozone Transport Region" (OTR). Under the federal Clean Air Act, states added to the OTR would have to take actions to limit air pollution consistent with the efforts of the downwind states through the use of readily available control technologies and reliance on cleaner fuels to generate power.

Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont all joined together to file the submission. Under the federal Clean Air Act, states can petition the EPA to add any state to an air quality region if there is reason to believe it is the source of pollution-causing violations of air quality standards elsewhere.

The EPA Administrator is required to approve or disapprove of such a petition within 18 months. continued on page 13

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Legislative Update continued from page 11

MassDOR: December Collections Higher Than Last Year

T

he Massachusetts Department of Revenue reported that tax collections in December were down by 2.5 percent or $53 million compared to December 2012, but are running 7.1 percent higher in fiscal 2014 compared to the first half of fiscal 2013.

The Department reported that collections at the midway point of the fiscal year are running $281 million above the benchmarks used for budgeting purposes.

Revenue department officials said withholding collections of $981 million were down 6.5 percent and were largely responsible for the overall decline in December, when receipts missed the monthly benchmark by $76 million. While withholding receipts were $124 million below benchmark for the month; it was estimated that about $50 million was due to taxpayers shifting payments to November from December. One-time corporate and business tax settlements exceeding $10 million now total $184 million over the past six months.

Sales and use tax collections were up 7.4 percent in December and are up 6.4 percent over the first six months of fiscal 2014, compared to the same period in fiscal 2013. The Department regularly shares the tax collection figures with the House and Senate Committees on Ways and Means to allow advance forecasting in developing the next year’s budget.

Miscellaneous Items of Interest • Mr. Thomas J. Tinlin, the longtime Commissioner of the Boston Transportation Department, has joined MassDOT as the chief of operations and maintenance. Tinlin worked for Boston for over a decade.

• Brian H. Doherty was unanimously elected to the position of General Agent of the Building and Construction Trades Council of the Metropolitan District in late December. The office was previously held by Boston Mayor Walsh, who resigned to run for Mayor in April of 2013. Doherty had been the Acting General Agent since Walsh’s resignation.

Doherty has been a member of Laborers Local 223 for 16 years. He has a B.A. in Business from Boston University.

• Senate President Therese Murray (D-Plymouth) announced that she has appointed Senator William Brownsberger (D-Belmont) as the new Senate Chair of the Joint Committee on the Judiciary. Senator Brownsberger replaces former State Senator Katherine Clark, now Congresswoman Clark, who recently won the special election for the 5th Congressional seat. n

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MassDEP Releases Draft CY2014 Clean Water & Drinking Water SRF Lists Totaling Over $405.96 Million

T

$306.3 MILLION PROPOSED FOR CLEAN WATER SRF IN 2014

he Massachusetts Department of Environmental Protection (MassDEP), Division of Municipal Services, announced the Draft Calendar Year 2014 Intended Use Plan (IUP) which details the projects, borrowers and amounts that will be financed through the Clean Water State Revolving Fund (CWSRF) loan program. The CWSRF is a joint federal-state financing program that provides subsidized interest loans to improve or protect water quality in the Commonwealth. As noted in Table 1, Massachusetts is offering approximately

$306.3 million to finance clean water projects across the Commonwealth. Approximately $276.3 million will fund 23 new projects and an additional $9.4 million will be allocated towards funding 5 previously approved multiyear projects. An additional $15.6 million will fund $13.6 million for planning projects and $2 million emergency set-aside account. Also, $5 million will be directed to the Community Septic Management Program to remediate failed septic systems in participating communities. The number of new projects could increase.

Table 1 Clean Water State Revolving TABLE Fund1 CY2014 Draft Intended Use Plan CLEAN WATER STATE REVOLVING FUND NEW PROJECTS Calendar Year 2014 CWSRF Draft Intended Use Plan

2014 Rating Applicant SRF ID Project

Project Cost 2014IUP Cost Rating Applicant SRF ID Project Project Cost IUP Cost

NEW PROJECTS

137 NEW BEDFORD (EJ)(RE)#

3858 CSO Abatement

$183,900,000

$30,000,000

124 CHICOPEE (EJ)

3913 CSO Area 4

$15,140,000

$15,140,000

122 MARION #

3859 WW Collection and Drainage Improvements

$16,700,000

$16,700,000

118 FITCHBURG (EJ)#

3863 Easterly WWTF Upgrade

$19,210,000

$10,000,000

117 SAUGUS (EJ)#

3911 SSO Reduction Subsystem 5

$2,706,000

$2,706,000

111 MWRA

3917 CSO Phase 15

$671,637,000

$20,000,000

107 REVERE (EJ)#

3910 Collection System Improvements

$19,250,000

$19,250,000

106 GROTON

3861 Lost Lake Sewers

$11,880,000

$11,880,000

101 HAVERHILL (EJ)

3918 CSO Improvements, WWTF and SEWER SYSTEM

$6,588,000

$6,588,000

93 BILLERICA #

3902 WWTF Upgrades

$4,625,000

$4,625,000

89 FALMOUTH (EJ)

3928 Sewer Extension and New Recharge Site

$39,580,000

$30,000,000

89 LAWRENCE (EJ)#

3919 Sewer System Rehabilitation

$12,808,000

$12,808,000

87 NORWOOD (EJ)

3853 Sewer Underdrain Rehab

$2,700,000

$2,700,000

86 LUNENBURG

3860 Sewer Extension

$1,628,000

$1,628,000

84 FALMOUTH (EJ)#

3929 WWTF Upgrade

$4,860,000

$4,860,000

79 BILLERICA

3899 Contract 35 Sewers

$14,000,000

$14,000,000

74 MIDDLEBOROUGH (EJ)

3924 WWTF Upgrades

$24,880,000

$16,000,000

74 LOWELL REGIONAL WASTEWATER UTILITY (EJ)#

3923 WWTF Biosolids Dewatering Improvements

$4,000,000

$4,000,000

71 BOSTON (EJ)(RE)#

3907 Gardner St. Landfill Closure

$22,717,000

$22,717,000

69 TYNGSBOROUGH

3926 PH 1 and 2 Sewer Extensions

$8,834,000

$8,834,000

64 BROCKTON (EJ)

3856 Sewer System Rehab

$1,750,000

$1,750,000

61 NORTON

3869 Sewer Extensions

$12,826,000

$12,826,000

61 MONTAGUE (EJ)#

3915 Pump Station Replacements

$7,280,000

$7,280,000

TOTALTOTAL OF NEW OFPROJECTS NEW PROJECTS (Count: (Count: 23)

23)

$1,109,499,000 $276,292,000 $276,292,000 $1,109,499,000

(Average Rating: 92.35) (Average Rating: 92.35)

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DEP/SRF continued from page 15 MULTI-YEAR CARRYOVER AND STATUTORY PROJECTSCARRYOVER MULTI-YEAR MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS Applicant SRF ID Project MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS Applicant SRF ID ID Project Project Applicant SRF Applicant

AND STATUTORY PROJECTS

SRF ID Project

Project Cost Project CostCost Project Project Cost

MWRA 3668 Nut Island Headworks Electrical & Conveyor Improv. $8,700,000 MWRA 3668 Nut Island Headworks Electrical & Conveyor Improv. $8,700,000 3668 Island Headworks $8,700,000 MWRA 3823 Nut Caruso Pump Station Electrical & Conveyor Improv. $2,398,000 MWRA 3823 Caruso Pump Station $2,398,000 MWRA 3823 Pump Station Plant Improvements $2,398,000 MWRA 3134 Caruso Deer Island Treatment $81,559,117 MWRA 3134 Deer Island Treatment Plant Improvements $81,559,117 MWRA 3134 Island Treatment $81,559,117 MWRA 2885 Deer Wastewater Treatment Plant Plant Improvements and Sewer Improvements $46,198,383 MWRA 2885 Wastewater Treatment Plant and Sewer Improvements $46,198,383 MWRA 2885 Wastewater Treatment Plant and Sewer Improvements $46,198,383 MWRA # 3543 DITP Electrical and Plant Upgrades $51,436,276 MWRA # 3543 DITP Electrical and Plant Upgrades $51,436,276 MWRA # 3543 DITP Electrical and Plant Upgrades $51,436,276 MWRA # 3542 DITP Digester and Cryogenics Upgrade $16,582,060 MWRA # 3542 DITP Digester and Cryogenics Upgrade $16,582,060 MWRA # 3542 DITP Digester and Cryogenics Upgrade $16,582,060 TABLE 1 TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS $206,873,836 TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS $206,873,836 CLEAN WATER STATE REVOLVING FUND $206,873,836 OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS TOTAL OFTOTAL MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS $206,873,836 (Count: 6) (Count: 6) Calendar Year 2014 CWSRF Draft Intended Use Plan (Count: 6) (Count: 6) NEW PROJECTS MassDEP PRIORITY PROJECTS MassDEP PRIORITY PROJECTS MassDEP PRIORITY PRIORITY PROJECTS PROJECTS MassDEP Rating Applicant SRF ID Project Applicant SRF ID Project Applicant SRF ID Project Applicant SRF ID ID

Applicant SRF Project 137 NEW BEDFORD (EJ)(RE)# 3858 CSO Abatement COMMUNITY SEPTIC 3850 COMMUNITY SEPTIC(EJ) 3850 COMMUNITY SEPTIC 3850 124 CHICOPEE 3913 CSO Area 4 MANAGEMENT PROGRAM MANAGEMENT PROGRAM PROGRAM MANAGEMENT 122 MARION #SET-A-SIDE 3859 WW Collection and Drainage Improvements EMERGENCY 2977 EMERGENCY SRF 2977 EMERGENCY SRF SRF SET-A-SIDE SET-A-SIDE 2977

111 MWRA

107 REVERE (EJ)# PLANNING PLANNING PROJECTS PROJECTS Applicant 106 GROTON Applicant Applicant

$1,000,000 $1,000,000 $1,000,000 $1,398,000 $1,398,000 $1,398,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $10,398,000 $10,398,000 $10,398,000 $10,398,000

$16,700,000 $2,000,000 $16,700,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $19,210,000 $10,000,000 $7,000,000 $7,000,000 $7,000,000 $7,000,000 $7,000,000 $7,000,000 $7,000,000 $2,706,000 $7,000,000 $2,706,000

3917 CSO Phase 15 3910

2014 IUP Cost

2014 IUP Cost Project Project Cost Cost 2014 IUP Cost Project CostCost 2014IUP IUPCost Cost Project 2014 Project Cost 2014 IUP Cost $183,900,000 $30,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $15,140,000 $5,000,000 $15,140,000

118 FITCHBURG (EJ)# 3863 Easterly WWTF Upgrade TOTAL OF PRIORITY MassDEPPROJECTS PRIORITY PROJECTS TOTAL OF MassDEP TOTAL OF MassDEP PRIORITY PROJECTS TOTAL OF(Count: MassDEP PRIORITY PROJECTS 1172)SAUGUS (EJ)# 3911 SSO Reduction Subsystem 5

(Count: (Count: 2) (Count: 2) 2)

2014 IUP Cost

2014IUP IUPCost Cost 2014

PLANNING PROJECTS Collection System Improvements

$671,637,000

$20,000,000

$19,250,000

$19,250,000

SRF ID 3861 Project Lost Lake Sewers SRF ID Project

Project Cost 2014 IUP Cost Project Cost $11,880,000 2014 IUP $11,880,000 SRF ID Project Project Cost 2014 IUP Cost Cost 101 HAVERHILL (EJ) 3918 CSO Improvements, WWTF and SEWER SYSTEM $6,588,000 $400,000 $6,588,000 BROCKTON 3855 Stormwater Management Plan $400,000 $400,000 BROCKTON 3855 Stormwater Management Plan $400,000 BROCKTON 3855 Stormwater Management Plan $400,000 $400,000 93 BILLERICA # 3902 WWTF Upgrades $4,625,000 $1,100,000 $4,625,000 EASTHAMPTON 3912 IWRMP $1,100,000 $1,100,000 EASTHAMPTON 3912 $1,100,000 EASTHAMPTON 3912 IWRMP IWRMP $1,100,000 $1,100,000 89 FALMOUTH (EJ) 3928 Sewer Extension and New Recharge Site $39,580,000 $500,000 $30,000,000 EVERETT 3890 Storm Water/Sewer Evaluation $500,000 EVERETT 3890 $500,000 $500,000 EVERETT 3890 Storm Storm Water/Sewer Water/Sewer Evaluation Evaluation $500,000 $500,000 89 LAWRENCE (EJ)# 3919 Sewer Systemand Rehabilitation $12,808,000 $3,000,000 $12,808,000 FALL RIVER 3925 Integrated Wastewater Stormwater Plan $3,000,000 FALL 3925 $3,000,000 $3,000,000 FALL RIVER RIVER 3925 Integrated Integrated Wastewater Wastewater and and Stormwater Stormwater Plan Plan $3,000,000 $3,000,000 HAVERHILL 3891 Revised 11 CSO LCTP Rehab $1,000,000 87 NORWOOD (EJ) 3853 PH Sewer Underdrain $2,700,000 $1,000,000 $2,700,000 HAVERHILL 3891 $1,000,000 $1,000,000 HAVERHILL 3891 Revised Revised PH PH 11 11 CSO CSO LCTP LCTP $1,000,000 $1,000,000 LAWRENCE 3892 SSES andSewer CMOM $1,920,000 86 LUNENBURG 3860 Extension $1,628,000 $1,920,000 $1,628,000 LAWRENCE 3892 $1,920,000 $1,920,000 LAWRENCE 3892 SSES SSES and and CMOM CMOM $1,920,000 $1,920,000 MALDEN 3905 Stormwater Management $500,000 84 FALMOUTH (EJ)# 3929 WWTF Upgrade Plan $4,860,000 $500,000 $4,860,000 MALDEN 3905 $500,000 $500,000 MALDEN 3905 Stormwater Stormwater Management Management Plan Plan $500,000 $500,000 MANCHESTER-BY-THE-SEA 3893 CWMP $750,000 79 BILLERICA 3899 Contract 35 Sewers $14,000,000 $750,000 $14,000,000 MANCHESTER-BY-THE-SEA 3893 $750,000 $750,000 MANCHESTER-BY-THE-SEA 3893 CWMP CWMP $750,000 $750,000 NANTUCKET 3865 Stormwater Master Plan $350,000 $350,000 74 MIDDLEBOROUGH (EJ) 3924 WWTF Upgrades $24,880,000 $16,000,000 NANTUCKET 3865 Master Plan $350,000 $350,000 NANTUCKET 3865 Stormwater StormwaterWW Master Plan $350,000 $350,000 NEW BEDFORD 3857 Integrated and SW plan $1,000,000 $1,000,000 74 LOWELL REGIONAL 3923 WWTF Biosolids Dewatering Improvements $4,000,000 $4,000,000 NEW 3857 $1,000,000 $1,000,000 WASTEWATER UTILITY (EJ)# NEW BEDFORD BEDFORD 3857 Integrated Integrated WW WW and and SW SW plan plan $1,000,000 $1,000,000 NORWOOD 3854 SSES/CMOM/Stormwater Plan $500,000 $500,000 71 BOSTON (EJ)(RE)# NORWOOD NORWOOD REVERE

3907 Gardner St. Landfill Closure 3854 Plan 3854 SSES/CMOM/Stormwater SSES/CMOM/Stormwater 3909 Illicit Connection Detection Plan Program

$22,717,000 $500,000 $500,000 $700,000

69 TYNGSBOROUGH REVERE REVERE REVERE

PH 1 and 2 SewerProgram Extensions 3909 Connection Detection 3909 Illicit Illicit3926 Connection Detection Program 3908 CWMP/CSMP Supplemental Plan

$8,834,000 $700,000 $8,834,000 $700,000 $700,000 $700,000 $1,200,000 $1,200,000

64 BROCKTON (EJ) REVERE REVERE RUTLAND

3856 SewerSupplemental System Rehab 3908 Plan 3908 CWMP/CSMP CWMP/CSMP Supplemental Plan 3867 CWMP

$1,750,000 $1,200,000 $1,750,000 $1,200,000 $1,200,000 $1,200,000 $350,000 $350,000

UXBRIDGE 61 NORTON RUTLAND RUTLAND

3868 CWMP 3869 Sewer Extensions 3867 3867 CWMP CWMP

3868 TOTAL OFUXBRIDGE PLANNING PROJECTS(EJ)# 61 MONTAGUE 3915 Pump Station Replacements UXBRIDGE 3868 CWMP CWMP TOTAL OF PLANNING PROJECTS

TOTAL OF PLANNING PROJECTS (Count: TOTAL OF NEW PROJECTS TOTAL15) OF(Count: PLANNING PROJECTS 15) (Count: (Count: 23) (Count: 15) 15) TOTAL OF

(Average Rating: 92.35) DRAFT INTENDED USE PLAN

$350,000 $12,826,000 $350,000 $350,000

$22,717,000 $500,000 $500,000 $700,000

$350,000 $12,826,000 $350,000 $350,000

$350,000 $350,000 $13,620,000 $7,280,000 $13,620,000 $7,280,000 $350,000 $350,000

$13,620,000 $13,620,000

$13,620,000 $1,109,499,000$13,620,000 $276,292,000 $13,620,000 $13,620,000

$1,336,992,836

$307,310,000

TOTAL OF DRAFT INTENDED USE PLAN $1,336,992,836 $307,310,000 (EJ) - Environmental Justice Communities (RE) - Potential RenewableTOTAL EnergyOF Projects DRAFT $1,336,992,836 $307,310,000 TOTAL OF DRAFT INTENDED INTENDED USE USE PLAN PLAN $1,336,992,836 $307,310,000 # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm) continued on page 19

JANUARY, 2014

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JANUARY, 2014

DEP/SRF continued from page 17

$99.56 MILLION PROPOSED FOR DRINKING WATER SRF IN 2014

T

he CY2014 Draft Intended Use Plan (IUP) for the Drinking Water State Revolving Fund (DWSRF) loan program details the projects, borrowers and amounts that will be financed through the DWSRF program. The DWSRF is a joint federal-state financing program that provides subsidized interest loans to protect public health by improving water supply, infrastructure systems, and protect drinking water in the

Commonwealth. As noted in Table 1, Massachusetts is offering $99.56 million to finance drinking water projects across the Commonwealth. Approximately $61.7 million will fund 13 new construction projects, and an additional $35.9 million will be allocated towards funding 7 previously approved multi-year projects. An additional $2 million will fund an emergency set-aside account. The number of new projects could increase.

Table 1 Drinking Water State Revolving Fund CY2014 Draft Intended Use Plan TABLE 1 DRINKING WATER REVOLVING NEW STATE PROJECTS Calendar Year 2014 DWSRF Draft Intended Use Plan

Rating Applicant SRF ID Project

Project Cost NEW PROJECTS Rating Applicant

SRF ID Project

559.0

WEBSTER (EJ)#

3880 Station No.1 Improvements

554.0

FALMOUTH (EJ)#

3878 Long Pond WTF

Project Cost

2014 IUP Cost 2014 IUP Cost

$2,940,000

$2,940,000

$43,600,000

$18,600,000

548.0 * SHIRLEY

3881 Great Road Water Main Extension

$430,650

$430,650

540.0

AUBURN WATER DISTRICT

3931 West St. WTF Upgrade

$2,730,000

$2,730,000

540.0

MALDEN (EJ)

3894 Water System Improvements

$6,750,000

$6,750,000

537.0

HOLYOKE (EJ)

3903 WTF UV upgrades

$2,520,000

$2,520,000

525.0 * WESTPORT

3932 New WTF for By Products Removal

$500,000

$500,000

523.0

CHATHAM (RE)#

3875 New WTF

$8,325,000

$8,325,000

522.0

MARLBOROUGH (EJ)#

3885 Millham WTP Improvements

$6,000,300

$6,000,300

519.0

NORTON #

3874 New WTP

$8,185,000

$8,185,000

515.0 * MANCHESTER

3897 Water System Improvements

$1,445,000

$1,445,000

439.0

3896 Pump Station Rehab

$2,025,000

$2,025,000

3933 Maple St. Elevated Tank

$1,370,000

$1,210,000

MALDEN (EJ)#

410.0 * PAXTON TOTAL OF NEW PROJECTS

$86,820,950

TOTAL (Count: 13)

OF NEW PROJECTS (Average Rating: 517.77) (Count: 13) (Average Rating: 517.77)

$86,820,950

$61,660,950

$61,660,950

* - Small System

(EJ) - Environmental Justice Communities (RE) - Potential Renewable Energy Projects MassDEP PRIORITY PROJECTS # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project MassDEP(http://water.epa.gov/aboutow/eparecovery/index.cfm) PRIORITY PROJECTS Applicant SRF ID

Project Applicant

SRF ID Project

EMERGENCY SRF SET-A-SIDE

2978

TOTAL OF MassDEP PRIORITY PROJECTS (Count: 1)

TOTAL OF MassDEP PRIORITY PROJECTS (Count: 1)

Cost

2014 IUP Cost

$2,000,000

$2,000,000

Project Cost

$2,000,000

$2,000,000

MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS Applicant

SRF ID Project

LAWRENCE (EJ)# MWRA JANUARY, MWRA

2014

3814 Water Main Replacement

Project Cost

$2,000,000

$2,000,000

continued on page 21

$21,895,000

3825 FROM Wachusett Aqueduct Pumping Station $47,955,000 “BUY THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 3049 New Connecting Mains

2014 IUP Cost

$47,880,847

2014 IUP Cost $11,895,000 $1,000,000 19 $1,000,000

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Applicant

SRF ID Project

EMERGENCY SRF SET-A-SIDE

Project Cost TABLE 1 DRINKING WATER STATE REVOLVING 2978 $2,000,000 Calendar Year 2014 DWSRF Draft Intended Use Plan

NEW PROJECTS TOTAL OFDEP/SRF MassDEP PRIORITY PROJECTS continued from page 19 Rating Applicant SRF ID Project (Count: 1) 559.0 WEBSTER (EJ)# 3880CARRYOVER Station No.1 Improvements MULTI-YEAR AND STATUTORY

$2,000,000

Project Cost

PROJECTS

MULTI-YEAR554.0 CARRYOVER AND STATUTORY PROJECTS FALMOUTH (EJ)# 3878 Long Pond WTF Applicant SRFIDID

Applicant SRF ProjectProject 548.0 * SHIRLEY 3881 Great Road Water Main Extension

$2,000,000 $2,000,000

2014 IUP Cost $2,940,000

$43,600,000 $18,600,000 Project 2014 Project CostCost 2014IUP IUPCost Cost $430,650 $430,650

540.0 AUBURN 3931 Main WestReplacement St. WTF Upgrade LAWRENCE (EJ)# WATER DISTRICT3814 Water

$2,730,000 $21,895,000

$2,730,000 $11,895,000

540.0 MWRA

MALDEN (EJ)

3894 Water System Pumping Improvements 3825 Wachusett Aqueduct Station

$6,750,000 $47,955,000

$6,750,000 $1,000,000

537.0 MWRA

HOLYOKE (EJ)

3903 WTF UV upgrades 3049 New Connecting Mains

$2,520,000 $47,880,847

$2,520,000 $1,000,000

3932 Hultman New WTF for By Products Removal 3048 Lower Aqueduct Rehabilitation 3875 New WTF 1680 Southern Spine Distribution Mains 3885 Millham WTP Improvements 3727 Low Service Storage 3874 New WTP 3756 South Water Transmission Main Replacement 3897 Water System Improvements

$500,000 $53,112,388 $8,325,000 $65,685,888 $6,000,300 $8,500,000 $8,185,000 $32,000,000 $1,445,000

$500,000 $1,000,000 $8,325,000 $2,000,000 $6,000,300 $1,000,000 $8,185,000 $18,000,000 $1,445,000

525.0 * WESTPORT MWRA 523.0 CHATHAM (RE)# MWRA 522.0 MARLBOROUGH (EJ)# MWRA # 519.0 NORTON # SPRINGFIELD WATER AND SEWER 515.0 *COMMISSION MANCHESTER(EJ)

TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY 439.0 MALDEN (EJ)# 3896 PROJECTS Pump Station Rehab (Count: 7)

$2,940,000

2014 IUP Cost

TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS 410.0 * PAXTON 3933 Maple St. Elevated Tank (Count: 7) TOTAL OF NEW PROJECTS

$277,029,123 $2,025,000

$277,029,123

$1,370,000

$86,820,950

(Count: 13)

(Average Rating: 517.77)

TOTAL OF DRAFT INTENDED USE PLAN

$35,895,000 $2,025,000

$35,895,000

$1,210,000

$61,660,950

$365,850,073

$99,555,950

(EJ) - Environmental Justice Communities (RE) - Potential Renewable TOTAL Energy Projects OF DRAFT INTENDED USE PLAN $365,850,073 # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm)

$99,555,950

* - Small System

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Trench excavation TABLE 2 DRINKING WATER STATE REVOLVING FUND

Calendar Year 2014 DWSRF Project Priority List

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JANUARY, 2014

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21

Environmental Viewpoint Robin L. Main, Esq.

Rhiannon Campbell, Esq.

Hinckley Allen, LLP

The 2013 Construction Equipment Funding Opportunity Note: Robin L. Main is a Partner in Hinckley Allen LLP’s litigation group and co-chair of the firm’s environmental practice group. Rhiannon A. Campbell is an Associate in Hinckley Allen LLP’s litigation and environmental practice groups.

In 2010 the Diesel Emissions Reduction Act was passed, granting the Environmental Protection Agency (“EPA”) the authority to award rebates and low-cost loans to eligible entities to assist those entities in implementing a clean diesel strategy and reduce diesel emissions from mobile sources. EPA’s first rebate program, conducted in 2012, focused on the replacement of school buses. In 2013, the EPA conducted its second round of rebate funding through the 2013 Construction Equipment Funding Opportunity. This funding opportunity provided rebates for eligible applicants to either retrofit diesel particulate filters or replace nonroad construction equipment engine.

T

o be eligible for a rebate the applicant had to be either a public sector entity with jurisdiction over transportation or air quality or a private entity that operates nonroad construction equipment under a lease or contract with an eligible public sector entity.

Eligible equipment includes all internal combustion engines except motor vehicle engines, stationary engines, and aircraft engines. The equipment must be used for construction, must be diesel powered, and must have a rate power between 130-450 kW or 174603 horsepower. The applicant must own and operate the equipment and the equipment must have operated for at least 500 hours in the previous year. Importantly, the equipment must be currently located, and must have been located for three months prior to the

JANUARY, 2014

application, in an “eligible county.” The list of eligible counties includes one county in Maine, four counties in Massachusetts, and eight counties in Connecticut.

Applications should be submitted by January 15, 2014 and winners will be selected by random draw.

The EPA anticipates awarding approximately $2 million in rebates. If selected, an applicant may receive a rebate of up to $30,000 for a diesel particulate filter for a tier 2 or tier 3 emission standard nonroad construction engine with a model year of 2001-2010 and a power rating of between 225 and 450 kW or 301 and 604 horsepower. Conversely, an applicant may be eligible for a replacement engine rebate in varying amounts depending on the power rating of the existing engine continued on page 24

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

23

Environmental Viewpoint continued from page 23

Specialists In Bonding And Insurance For Contractors Since 1926 CARL TRAINA 300 Congress Street Quincy, MA 02169-0907 617.773.9200

and the emission standard of the replacement engine.

An applicant may submit only one rebate application but may include up to five eligible nonroad construction equipment engines on the application. The maximum amount available in rebate funding is $120,000.

If you believe that you may be an eligible applicant with eligible equipment and wish to apply for a rebate you may download the application at http://www.epa. gov/cleandiesel/documents/2013-cleandiesel-rebate-application.pdf. For more information please view the EPA’s Program Guide, available at http://www.epa.gov/ cleandiesel/documents/420b13042.pdf n

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

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

If you are not currently advertising in Construction Outlook, we hope you will consider placing an ad. Our monthly magazine showcases your products and services to contractors who use them. The Trade Show is a great opportunity to meet with UCANE members and guests face-to-face.

For more information call Suzanne at the UCANE office for advertising rates.

JANUARY, 2014

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

25

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Contact Bob or Greg with questions or needs: Bob Bizak

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Assistant Vice President, Sales Executive Direct Phone: 508.209.6068 gdeems@rogersgray.com

RogersGray.com 26

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BENEFITS & HR TRATEGIES David Hauptman Managing Director Pinnacle Financial Group

Five Steps to Ensuring Your Executive Benefits Plan Helps You Attract and Retain Top Talent As the 2014 calendar year gets rolling, a review of your Executive Benefits plan should be on the to-do list. Higher taxes, new taxes, and historically low interest rates should be awakening employers to making sure they’re doing what is necessary to help attract, retain, and reward their top performers given the new variables of historically low savings rates, limits on how much can be saved in qualified plans, and limits on social security for the highly compensated. Here are some key points to consider: 1. Offer an Executive Benefits Program Crazy as it may seem, many companies still do not offer executive benefits programs. While over 80 percent of large public and private employers (2,500+ employees) offer non-qualified programs, less than 50 percent of mid-market (500-2,500 employees) and less than 25 percent of small market (less than 500 employees) offer such programs. In an era where pension plans are rarely offered, highly compensated employees need something to supplement 401(k) and social security or they will not be able to maintain their pre-retirement lifestyle. Further, the ability to defer federal and state taxes, avoid capital gains, dividends, and the new 3.8 percent tax on investment income, make non-qualified plans even more imperative.

2. Beat the Competition Unless you have done a peer review recently, you better be sure the competition does not offer a more attractive plan than you do. These plans are compensation. Offering a plan that is below par is like paying your top performer less than the competition.

It’s only a matter of time before that costs the organization.

3. Offer Compelling Plan Designs Offering a program is step one, but if that program is not designed properly, plan perception and

JANUARY, 2014

participation will be low. You want to get and give the most for each dollar, so if you are offering a plan, consider these features: • Company match – extend 401(k) match to executive plan • Pre-tax deferred retention/sign-on bonus – executive must work minimum number of years • Pre-tax performance bonus – company paid if performance criteria met • Ability to defer at least 75 percent of compensation • Eligibility beyond just the C-suite • In-service distributions – ability to elect to be paid out as little as three years from continued on page 29

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

27

EJ is your trusted source for infrastructure access solutions. Now offering solutions in a variety of materials – ductile iron, cast iron, aluminum, and composite.

Learn more at ejco.com or call 800 626 4653 East Jordan Iron Works is now EJ

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JANUARY, 2014

Benefits & HR Strategies continued from page 27 deferral date • Post-retirement distributions – Ability to take distributions over as many as 10-20 years • Investment lineup covering all market sectors including alternative investments • Attractive fixed rate alternative 3-4 percent plus death benefit (if informally funded with COLI)

4. Educate Your People…in Person In our 20+ years working exclusively on nonqualified plans, our experience is, unless someone is proactively reaching out to contact the plan eligibles

THE DRISCOLL DIFFERENCE:

Your key to obtaining the expertise needed to meet your bonding needs.

A

fter serving major contractors for more than 50 years, the Driscoll Agency truly understands the unique risks, insurance requirements and surety demands of the construction industry.

Managing risk can be very difficult. Which is why it’s critical to obtain adequate and proper insurance coverages. Our underwriting specialists will work with your best interests in mind when proposing solutions to your insurance needs.

When it’s time to navigate through the complexities of surety bonding, you can rely on our expertise and connections to get you aggressive representation and unbeatable access to industry decision-makers.

and talking with them directly over the phone or in person, plan participation may be like the proverbial tree falling in the forest. We believe in the 25-25-50 theory. Twenty-five percent of people understand the plan and will participate no matter what. Twenty-five percent of people will never participate no matter what. The needle mover is the 50 percent of people who will not take action because they do not understand the plan and will not take the time unless they are contacted directly.

5. Informally Fund the Plan & Eliminate the Tax Cost While most companies informally fund and secure their non-qualified plans, some still do not. For public companies, many ratings agencies and analysts consider unfunded non-qualified liabilities to be debt. Further, waiting to fund these liabilities puts the burden of payment on future owners and shareholders which makes the company less attractive.

“The entire surety bonding team at Driscoll has the experience, expertise and industry contacts to give us the best possible representation and service.

In an industry as specialized as ours, we wouldn’t consider letting any other agency handle this important need of our company.” – Satisfied Client To discover the Driscoll difference, contact Tim Lyons, Bond Department Manager at 781-421-2560 or tlyons@driscollagency.com.

The Driscoll Agency, Inc. • 93 Longwater Circle, Norwell, MA 02061 • Phone (781) 681-6656 • Fax (781) 681-6686 • www.driscollagency.com

UCANE half 1.12 color.indd 1

JANUARY, 2014

Many companies that do informally fund their plans continue to incur large tax costs resulting from taxable gains on assets used to informally fund their programs. If you would like to reduce the cost of the program, explore whether you can reduce cost through informal funding using tax-advantaged corporate owned life insurance (COLI). If you already use COLI, be sure that you do regular audits to ensure you are using the most current, cost-efficient COLI products designed to address today’s economic factors and designed to be flexible enough for tomorrow’s.

One large COLI and BOLI carrier recently announced that effective February 1, 2014, cost of insurance rates will be increased for existing policyholders due to persistently low interest rates.

Committing to a review of your Executive Benefits plan early in 2014 will help ensure that your company, ownership, shareholders, and most of all, your top executives will be better off this year and beyond. n

1/6/12 2:56 PM “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

29

Present and past

BY KYLE W. MORRISON, SENIOR ASSOCIATE EDITOR

Reprinted from Safety+Health, Vol. 188, No. 6 • ©2013 National Safety Council

Photo: HSP Americas

OSHA’s most cited violations and largest penalties for FY 2013 – plus a look at data from previous years

TT

his top 10 10 most mostfrefrehisyear’s year’spresentation presentation of of the the top quently cited OSHA violations includes some quently cited OSHA violations includes some comparisons previousyears. years. comparisonswith withdata data from from previous Due shutdown Due toto the the federal federal government government shutdown that Oct. 17, 17,finalized finalized thatbegan beganOct. Oct. 11 and and ended Oct.

dataforforfiscal fiscal year 2013 – covering period of Oct. data year 2013 – covering the the period of Oct. 1, 1, 2012, through Sept.

30, 2013 – could not be obtained 2012, through Sept. 30, 2013 – could not be obtained by by thetime time Safety+Health went to press. for2013 FY 2013 the Safety+Health went to press.

DataData for FY pre- presented these pages received Sept.

13 and should sented onon these pages waswas received Sept.

13 and should be be considered preliminary. considered preliminary.

Top10 10Most Most Cited Cited Violations, Top Violations,2013 2013 FallProtection Protection –– Fall General General Requirements Requirements

Hazard Hazard Communication

Communication

This standard protection is required, which This standardoutlines outlineswhen whenfall fall protection is required, which systems are appropriate for given situations, the proper systems are appropriate for given situations, the proper STANDARD: 1926.501 STANDARD: 1926.501 construction and safety systems, andand thethe proper construction andinstallation installationofof safety systems, proper TOTAL VIOLATIONS: 8,241 TOTAL VIOLATIONS: 8,241 supervision of employees to prevent falls. It is designed to supervision of employees to prevent falls. It is designed to FY 2012 RANKING: 1 (7,250) FY 2012 RANKING: 1 (7,250) protect employees on walking/working surfaces (horizontal or protect employees on walking/working surfaces (horizontal or vertical) with an unprotected side or edge higher than 6 feet. vertical) with an unprotected side or edge higher than 6 feet.

This standard addresses chemical hazards produced in the

STANDARD: 1910.1200

This standard chemical hazards It produced in the STANDARD: 1910.1200 TOTAL VIOLATIONS: 6,156 workplace and addresses imported into the workplace. also governs the TOTAL VIOLATIONS: 6,156 workplace and imported into the workplace.

It also governs the communication of those hazards to workers.

FY 2012 RANKING: 2 (4,696) FY 2012 RANKING: 2 (4,696) communication of those hazards to workers.

This standard covers general safety requirements for scaffold-

This standard covers general safety requirements for scaffolding, which should be designed by a qualified person and STANDARD: 1926.451 ing, which should be designed by a qualified constructed and loaded in accordance with that person design. and STANDARD: 1926.451 TOTAL VIOLATIONS: 5,423 Employers areand required to in protect construction workers from constructed loaded accordance with that design.

FY 2012 RANKING: 3 (3,814) TOTAL VIOLATIONS: 5,423 falls and falling while workingconstruction on or near scaffolding at Employers are objects required to protect workers from FY 2012 RANKING: 3 (3,814) heights 10 feetobjects or higher. falls andoffalling while working on or near scaffolding at heights of 10 directs feet oremployers higher. on how to establish or maintain This standard

Scaffolding

Scaffolding

Respiratory Protection Respiratory

Protection Electrical – Wiring Methods

Electrical – Wiring Methods

Powered Industrial Trucks

Powered Industrial Trucks Ladders

a respiratory program. Iton lists requirements This standardprotection directs employers how to establishfor or maintainSTANDARD: 1910.134 program administration; worksite-specific procedures; respiraTOTAL VIOLATIONS: 3,879 STANDARD: 1910.134 a respiratory protection program. It lists requirements for tor selection; employee training; fit testing; medical evaluation; FY 2012 RANKING: 4 (2,371) TOTAL VIOLATIONS: 3,879 program administration; worksite-specific procedures; respirarespirator use; and respirator cleaning, maintenance and repair. tor selection; employee training; fit testing; medical evaluation; FY 2012 RANKING: 4 (2,371) respirator use; and respirator cleaning, maintenance and repair.

This standard covers the grounding of electrical equipment, wiring and insulation. It includes temporary wiring and splicing, This the cables. grounding of electrical equipment, such standard as flexiblecovers cords and

wiring and insulation. It includes temporary wiring and splicing, such as flexible cords and cables.

STANDARD: 1910.305

TOTAL VIOLATIONS: 3,452

STANDARD: 1910.305

FY 2012 RANKING: 8 (1,744)

TOTAL VIOLATIONS: 3,452 FY 2012 RANKING: 8 (1,744)

This standard covers the design, maintenance and operation of STANDARD: 1910.178 powered industrial trucks, including forklifts and motorized hand TOTAL VIOLATIONS: 3,340 This standard coversoperator the design, maintenance and operation of FY 2012 STANDARD: 1910.178 trucks.

It also covers training requirements.

RANKING: 7 (1,993)

powered industrial trucks, including forklifts and motorized hand TOTAL VIOLATIONS: 3,340 FY 20121926.1053 RANKING: 7 (1,993) trucks. It also covers operator training requirements.

STANDARD: This standard covers general requirements for all ladders.

TOTAL VIOLATIONS: 3,311 FY 2012 RANKING: 5 (2,310) STANDARD: 1926.1053

Ladders

This standard covers general requirements for all ladders.

Lockout/Tagout

Lockout/Tagout Electrical – General Requirements

This standard outlines minimum performance requirements for the control of hazardous energy during servicing and maintenance of machines and equipment.

TOTAL VIOLATIONS: 3,311

STANDARD: 1910.147

FY 2012 RANKING: 5 (2,310)

TOTAL VIOLATIONS: 3,254

FY 2012 RANKING: 9 (1,572)

This standard outlines minimum performance requirements for STANDARD: 1910.147 the control of hazardous energy during servicing and mainte- STANDARD: TOTAL VIOLATIONS: 3,254 1910.303 This standard coversand general safety requirements for designing nance of machines equipment.

FY VIOLATIONS: 2012 RANKING: 9 (1,572) TOTAL 2,745 electrical systems.

FY 2012 RANKING: 10 (1,332)

Electrical – General Machine Requirements

STANDARD: 1910.303 This standard covers general safety requirements for designing This standard covers guarding of machinery to protect operaTOTAL VIOLATIONS: 2,745 STANDARD: 1910.212 electrical systems. tors and other employees from hazards, including those FY VIOLATIONS: 2012 RANKING: 10 (1,332) TOTAL 2,701

Machine Guarding

This covers parts,standard flying chips and guarding sparks. of machinery to protect operators and other employees from hazards, including those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks.

Guarding

created by point of operation, ingoing nip points, rotating

FY 2012 RANKING: 6 (2,097)

STANDARD: 1910.212 TOTAL VIOLATIONS: 2,701 continued on page 33

FY 2012 RANKING: 6 (2,097)

Reprinted from Safety+Health, Vol. 188, No. 6 • ©2013 National Safety Council

JANUARY, 2014

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” Reprinted from Safety+Health, Vol. 188, No. 6 • ©2013 National Safety Council

31

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JANUARY, 2014

OSHA continued from page 31 The No. 1 most cited standard, 2004-2013 Scaffolding

Scaffolding

Scaffolding

Scaffolding

Scaffolding

Scaffolding

Scaffolding

Fall Protection

Fall Protection

Fall Protection

2005

2006

2007

2008

2009

2010

2011

2012

2013

2004

Ladders climb the most notable movement on the Top 10 list has been increased citations for violations of the Ladders Standard (1926.1053). This standard first appeared on the list in fiscal year 2005. In the years since, it has seen a general climb up the list.

OVER THE PAST DECADE,

*OSHA was unable to provide complete data on violations issued in 2011 and 2012 because of the agency’s transition between data systems.

9

5*

5 6

8

8

2007

2008

7

8*

10 2005

2006

2009

2010

2011

2012

2013

Total violations in the Top 10 list, 2004-2013 50,000

44,840

42,105

43,374

46,503

45,876

49,341 45,346

44,180*

42,502†

40,000

30,000

29,179* 20,000

10,000

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

*OSHA was unable to provide complete data on violations issued in 2011 and 2012 because of the agency’s transition between data systems. † Preliminary data

JANUARY, 2014

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

Reprinted from Safety+Health, Vol. 188, No. 6 • ©2013 National Safety Council

33

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

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

FEBRUARY 2007

JULY, 2011

A Clean New Era For Boston Harbor

• MWRA Completes Overflow Tunnel In South Boston • UCANE Members Perform Lion’s-Share Of MWRA CSO Project • Charles River Nominated For International River Award

PRESORTED STANDARD U.S. POSTAGE PAID BROCKTON, MA

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UCANE Interviews

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The Importance of Business Succession Planning

Kevin Ellman, CFP

Paul D. Miller

Wealth Preservation Solutions, LLC

How to Avoid the Fear, Hope, and Greed Cycle of Buying Stocks Most people are generally familiar with the basic rule of investing, which is to buy low and sell high. Yet, few follow this guideline. Why? It is too easy for well-meaning investors to fall victim to their own emotions, thereby succumbing to the fear, hope, and greed cycle. Let’s examine a recent financial market scenario to illustrate this point.

I

n 2008 and 2009, the market was down, stocks were down and the housing market had collapsed. Two major investment houses, among others, Lehman Brothers and Bear Stearns, were all but defunct. The news was bad everywhere. People generally believed that things would continue to deteriorate into a full-blown depression and that it would be crazy to consider investing in the market at that point. Few wanted to buy stocks. They were afraid that prices could go lower and of course they could.

People were afraid of investing in the market without the validation of their peers and other market participants. This is the fear part of the cycle.

By mid 2013, the economy began improving.

News about housing starts and manufacturing was getting a little bit better and the rate of unemployment was slowing. The stock market was beginning to rise.

Most people were beginning to believe that the worst was over, at least for the foreseeable future, and that if things continued to improve, they might start to think about investing again. This is the hope part of the cycle.

As we head into 2014, the market has continued to improve, housing starts are healthier and unemployment is falling. Stocks continue to rise, people are getting excited, and newspapers and media commentators are declaring a bull market. Many are beginning to think: “Better invest now, before it’s too

JANUARY, 2014

late. I don’t want to miss the market!” Many sold low and are now buying high! People are caught up in the greed cycle.

This behavior is the exact opposite of disciplined investing. The great investor, businessman, and philanthropist, John Templeton, used to say: “Be greedy when others are fearful and fearful when others are greedy.” The irony is that nobody seems to want to buy stocks when they are down. Yet, most people would agree that getting any other quality goods on sale is desirable!

So, consider these tips to avoid the fear, hope and greed cycle: • Think about investing in financial instruments the same way you would buy groceries, clothing, electronics, or real estate.

• Remain alert for market drops to indicate an opportunity to buy quality stocks on sale.

• Think about buying on dips and adding to your portfolio each time the market experiences a temporary decline.

• Avoid the temptation to buy high, don't overpay! Again, buy quality stocks on sale.

(Securities and Investment Advisory Services offered through NFP Securities, Inc. (NFPSI), member FINRA/SIPC. Wealth Preservation Solutions, LLC is a member of PartnersFinancial, an affiliate of NFPSI. Wealth Preservation Solutions, LLC and NFPSI are not affiliated.) n

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

37

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JANUARY, 2014

2014 Scholarship Applications Now Available UCANE to Award Twelve $2,000 Scholarships WHO MAY APPLY? Any high school student who is the son or daughter of a UCANE member or an employee of a member who will be enrolling full time in an accredited four year academic institution for the year beginning in September 2014.

IMPORTANT: In the event the applicant receives a full first year scholarship from the college of his/her choice, or from any organization, civic group, etc., the UCANE scholarship will be awarded to another applicant.

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

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

WHAT MUST ACCOMPANY THE APPLICATION? 1. A transcript of high school grades through the latest period prior to April 15 must accompany application.

2. A letter of recommendation from the principal or faculty advisor. The letter should include the number of students in the class and the standing of the applicant or equivalent must accompany application.

3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community, (optional, but recommended).

4. Please indicate the UCANE company by which you or your parent is employed.

NOTE: The name of the applicant must be deleted entirely from pages 2 through 4 and all accompanying correspondence, and your application number must be inserted in its place.

WHEN MUST I APPLY? All applications must be submitted no later than April 15, 2014.

FOR AN APPLICATION, PLEASE SEND YOUR WRITTEN REQUEST TO: Utility Contractors’ Association of New England, Inc. 300 Congress Street • Suite 101 • Quincy, MA 02169 Tel: 617.471.9955 • Fax: 617.471.8939 • Email: aklayman@ucane.com

JANUARY, 2014

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

41

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JANUARY, 2014

January 2014 Insights

By Sante Esposito Federal Advocates Inc.

Clean Water Construction Coalition

Budget Deal Water Resources Development Act of 2013 (WRRDA)

W

hile the House and Senate Conference Committee for the Water Resources Development Act (WRDA) set a goal of completing work on this legislation in December, WRDA passage will slip into early 2014. Major unresolved conference issues include: • Project authorizations process (House names projects while the Senate designates the Secretary of the Army to proceed at his discretion on projects with a favorable Chief’s Report); • Morganza, LA flood control project ($12 billion); • Harbor Maintenance Tax provisions; • Streamlining environmental review processes; • Maintenance dredging cost-share (Senate would change from 45 to 50 feet; House did not address); • Water Infrastructure Finance and Investment Act (WIFIA is established in Senate Bill but not House) and; • National Endowment for Oceans (Senate supports; House opposes).

Advocacy continues with key Members and staff of the conference regarding the Coalition’s position on any new WIFIA program: flexibility in setting interest rates; 100 percent Federal share; no deminimus requirement; and reauthorization of the Clean Water and Safe Drinking Water SRF’s. In meeting with both the House and Senate staffs, we were advised that our requests are “on the table” and that their resolution is tied to a final deal on the overall package.

JANUARY, 2014

The recent budget deal is summarized as follows: 1. The total deal is $85 billion. About $45 billion of that replaces sequestration cuts in 2014.

About $20 billion replaces sequestration cuts in 2015. About $20 billion is deficit reduction atop sequestration.

2. The sequestration relief is evenly divided between defense spending and non-defense discretionary spending. The sequester's cuts to mandatory spending are unaffected.

3. The new policies in the deal are split between revenue through fees - travelers will see higher prices on airline tickets and federal workers will have to contribute more to pensions - and spending cuts.

4. Spending will be $45 billion higher in 2014 than it would've been absent the deal.

5. The deal replaces about half of sequestration's cuts to defense and non-defense discretionary spending in 2014. It replaces about a fourth of them in 2015. That means most of sequestration will go into effect in both years.

6. The deal doesn't include any extension of unemployment insurance.

7. No changes to Medicare and Social Security; no new taxes and no entitlement reform.

FY14 Interior and Environment Appropriations Bill

A

gain, given the continuing resolution, no action to date on a bill by either Appropriations Committee. The Coalition supports the highest possible FY14 funding levels for the Clean Water and Safe Drinking Water SRF’s. Included in the President’s FY14 Budget is $1.095 billion for the Clean Water SRF and continued on page 44

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43

Update continued from page 43 $817 million for the Safe Drinking Water SRF. Of the funds requested for the CWSRF, not less than 20 percent are specified for green infrastructure projects. Of the funds requested for the SDWSRF, not less than 10 percent are specified for green infrastructure projects, water or energy efficiency improvements, or other environmentally innovative activities. From both SRF’s, up to 5 percent of the funds are specified for various section grants and between 20-30 percent to be used for forgiveness subsidies. In all, the funding levels proposed for both programs in the President’s Budget are significantly lower than his FY13 Budget and the FY13 enacted levels. Accordingly, the Coalition continues to focus its FY14 funding efforts on the Congress and primarily the Senate Appropriations Committee. In addition, given the realities of the current appropriations situation, the Coalition supports a Continuing Resolution as it will ensure at least the FY13 funding levels.

Legislation of Interest BISHOP H.R.1877

T

he ”Water Quality Protection and Job Creation Act.” On May 8, with 27 cosponsors (now 38) on a bipartisan basis, Representative Timothy Bishop (D-NY) introduced a bill that would amend the Clean Water Act to establish a Federal trust fund to finance improvements to publicly owned treatment works. H.R. 1877 would also authorize $13.8 billion over five years for the Clean Water Act State Revolving Loan Fund (SRF) program. The SRF monies would be available to states and municipalities to build publicly-owned treatment works, repair or replace decentralized wastewater treatment systems, reduce water demand through conservation efforts, manage non-point source pollution, and adopt energy conservation measures. Another $600 million would be authorized over five years to assist municipalities in managing storm water through green infrastructure and other approaches to controlling runoff from urban areas. The bill would require a state or municipal government to award all contracts for architectural, engineering, surveying, and other design services for projects funded by the legislation with the Federal qualifications-based selection (QBS) process under the Brooks-Architect Engineers Act of 1972.

FY14 Transportation Appropriations Bill No further action to date. A comparison is as follows:

Program FY 2013 FY 2014 FY 2014 Enacted House Senate Core Highway Program

$39.7B

$40.3B

$40.3B

Supplemental Bridge Program $0 $0 $0.5B Transit Formula Programs $8.5B $8.6B $8.6B (Including Bus & Bus Facilities) Transit Capital Grants $1.85B $1.8B $1.94B (New Starts/Small Starts) Airport Improvement Program $3.1B $3.35B $3.35B (AIP) Grants Amtrak - Total $1.5B $0.95B $1.45B TIGER Discretionary Grants

$0.474B

$0

$0.55B

High Speed Rail $0 $0 $100M

44

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A

Improving Economy Expected to Help State Revenues Next Year

t their annual consensus revenue hearing on December 11, state budget writers heard good news from economists and fiscal experts: that a growing national economy and the new transportation finance act are expected to help boost state tax collections this year and next.

Revenues are expected to exceed the target for this year and to grow by more than $1 billion in fiscal 2015, even after accounting for the repeal of a sales tax on software and a reduction in the state’s income tax rate, from 5.25 percent to 5.2 percent, effective January 1.

Panelists also heard that Lottery revenues are expected to surpass expectations again this year.

The annual hearing by the House and Senate Ways and Means committees, presided over by the governor’s chief budget officer, Secretary Glen Shor, and committee chairs Representative Brian Dempsey and Senator Stephen Brewer, provides the basis for agreement on tax collection numbers to be used in the governor’s budget recommendation, due to be filed by January 22, and in the House and Senate budget bills, which will be released in April and May, respectively.

State Revenue Commissioner Amy Pitter told panelists that the national economy is expected to improve gradually and that fiscal 2015 tax collections are forecast to grow to between $24.1 billion and $24.4 billion, an increase of $1 billion or more over expected revenues this year.

Commissioner Pitter also told panel members that collections are expected to exceed projections in fiscal 2014 by between $272 million and $373 million, based in part on investment and capital gains activity in early 2013 due to federal tax law changes and better “economic fundamentals,” such as housing activity. She warned the panel, however, that there were risks to the forecast, including possible actions by the federal gov-

JANUARY, 2014

ernment and faltering economic performance in other parts of the world, notably Europe.

Michael Widmer, president of the Massachusetts Taxpayers Foundation, told committee members that the foundation expects tax revenues to grow by $1.1 billion in fiscal 2015 (4.7 percent) to $24.4 billion. The increase is based on “continuing the trend of modest growth, yet still below that of previous economic recoveries,” he said.

“Despite an improving economic picture, the 2015 budget will challenge lawmakers once again,” Widmer said. “Increases in largely non-discretionary spending for pensions, debt service, Medicaid, and other areas, along with expanded commitments to transportation, will consume most of the $1.1 billion in new tax revenues.”

Widmer also predicted that state tax collections would exceed the forecast for fiscal 2104 by $470 million. Similar to the revenue department forecast, the MTF numbers reflect the revenue reductions due to the software tax repeal ($145 million) and the income tax rate reduction ($65 million).

State Treasurer Steven Grossman and Lottery Commission officials testified at the hearing that Lottery proceeds are expected to exceed the forecast for fiscal 2014 by at least $20 million.

In testimony submitted to the governor’s budget office at a hearing on December 13, the MMA asked that the Cherry Sheet Unrestricted General Government Aid account be increased in fiscal 2015 by at least the same rate that state tax collections are forecast to grow. The expected growth rate of between 4.3 percent and 5.2 percent would provide an UGGA increase of $40 million-$48 million under this scenario.

Written by MMA Legislative Director John Robertson. continued on page 47

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

45

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MMA continued from page 45

Congress Reaches Two-Year Federal Budget Deal

C

ongress has passed a two-year bipartisan budget deal that would decrease the odds of a government shutdown and replace the sequestration cuts with more targeted spending reductions.

The deal sets discretionary spending, including both defense and non-defense appropriations, at $1.01 trillion for the current fiscal year, with an increase of just $2 billion next year. Non-defense discretionary spending would total approximately $491 billion in 2014, up from $470 billion in 2013.

“Non-defense discretionary” is the broad budget category that funds most government programs that reach the local level, from Title 1 and IDEA education funding to the Community Development Block Grant program and competitive public safety grants, for example.

The budget agreement, which the president has said he will sign, sets the broad framework for the federal budget, but does not identify spending for

specific programs. Negotiations have begun to allocate the $1.01 trillion among the up to 12 individual spending bills that will constitute the final omnibus budget bill.

The continuing resolution currently funding federal government operations will run out on January 15, and short-term extensions may be necessary if the omnibus budget bill is not enacted by that time.

When enacted, it will become the first federal budget signed into law since 2009.

The congressional budget agreement does not address the debt ceiling, which the nation will reach in February. When the debt ceiling is reached, an increase becomes necessary to allow the Treasury to continue paying debts already incurred.

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On October 1, the federal government ran out of funding and shut down for 16 days. A deal to reopen government was reached only as the nation was about to hit its debt ceiling on October 17, after a bond rating agency indicated the nation’s bond rating status was about to be downgraded due to a heightened risk of default. The shutdown had an estimated cost to the national economy of $24 billion.

Written by MMA Legislative Analyst J. Catherine Rollins. continued on page 49

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MMA continued from page 47

Committee OK’s Water Infrastructure Bond Bill

O

n November 20, the Joint Committee on the Environment, Natural Resources and Agriculture gave a favorable recommendation to a water infrastructure bond bill that combines two earlier bills.

The new bill (S. 1947) would provide an increase of $50 million in debt capacity for the Water Pollution Abatement Trust – raising the spending cap from $88 million a year to $138 million – and direct the trust to provide matching grants, principal forgiveness, and interest-free loans to help cities and towns meet their drinking water and wastewater infrastructure needs.

The bill would give cities and towns more tools to raise their own revenue by allowing them, at local option, to charge developers a reasonable fee to offset new or increased impact on water systems and then use the funds for environmental improvements, a process that falls under the broad concept of “water banking.”

The legislation would also provide matching grants to cover half of the $5 million entrance fee for communities to join the Massachusetts Water Resources Authority. It would also provide incentives for communities to invest in “green” infrastructure projects such as dam removal, land preservation, and stormwater recharge.

The bill would authorize $450 million in new infra-

structure funding from the Commonwealth, with $250 million coming in a new bond for the Massachusetts Clean Water Trust, which would be distributed to communities based on the Chapter 90 road and bridge formula.

The bill also includes $200 million that would come from excess receipts that would otherwise have gone into the state’s stabilization fund. This money would be used to supplement the existing Clean Water and Drinking Water State Revolving Loan Fund and would fund a Water Infrastructure for Small Communities Grant Fund.

S. 1947 incorporates S. 1880, filed by Senate President Therese Murray and Senator Jamie Eldridge, and H. 690, filed by Representative Carolyn Dykema. Eldridge and Dykema were co-chairs of the Water Infrastructure Finance Commission.

The overall financial need for water infrastructure across the state is $20.4 billion over the next 20 years, according to the Water Infrastructure Finance Commission. Last January, the MMA membership endorsed a resolution calling for more funding for water infrastructure, interest-free loans, and water banking.

Written by MMA Senior Legislative Analyst Tom Philbin. continued on page 51

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MMA continued from page 49

I

MMA’s Annual Meeting Will Ensure Fast Start on Key Issues

n the January 2014 issue of The Beacon, Executive Director Geoffrey Beckwith wrote about MMA’s top issues and goals that their board has set for 2014. Below are a two issues that may be of interest to UCANE members.

Investing in local roads and bridges through Chapter 90: The MMA’s goals are clear: win a multi-year reauthorization of Chapter 90 funding at $300 million, indexed to inflation, and secure the release of the remaining $100 million from the fiscal 2014 authorization that is being withheld by the administration. Thirteen months ago, the MMA released a report documenting that cities and towns across the state need to spend at least $562 million every year just to bring local roads to a state of good repair, the industry standard. Currently, municipalities spend far less because of inadequate resources and because, for most cities and towns, Chapter 90 is the only source of funds for road construction and repairs. Funding the Chapter 90 program at $300 million annually, with an inflation-based adjustment in future years, will close a portion of this huge gap.

The Chapter 90 program is also the most effective and efficient way to ensure regional equity and regional access to the increased tax revenues included in the final transportation finance bill, including the increase in the gas tax. Chapter 90 shares transportation revenues in a fair way in every corner of the Commonwealth. Further, cities and towns face such a backlog of need that the increase will immediately result in visible and necessary construction and repair projects on local roads across Massachusetts.

Investing more in Chapter 90 funding to improve the quality of local roads will actually save taxpayers millions of dollars a year, because once a local road is in a state of good repair, every dollar invested to keep it properly maintained will save $6 to $10 in avoided repair costs that become necessary to rebuild the road when it fails due to a lack of maintenance.

Securing relief and resources for aging water infrastructure systems: MMA members have been coalescing around the urgent need to address the hidden infrastructure crisis in Massachusetts, our antiquated water, sewer, and stormwater systems. Water and wastewater utilities are among the most capital-intensive of all utility services. Cities and towns across the Commonwealth have made enormous investments in water, wastewater, and drainage infrastructure, and know that these invest-

JANUARY, 2014

ments are essential. Yet we all know that other public assets, such as schools, roads, and recreational facilities, are easier for the public to appreciate and fund because they are so visible. In terms of financial need, the water and wastewater assets in many parts of the state require far greater capital investment. The reliability and performance of these systems are essential to our everyday quality of life and economic future. The MMA’s goal is to secure long-term funding to assist with the repair and maintenance of municipal drinking water, wastewater, and stormwater systems, and to secure relief from unfunded regulations and mandates that create unaffordable burdens on cities and towns. Legislation pending on Beacon Hill, filed by the Senate president and by the chairs of the Water Infrastructure Finance Commission, offers an opportunity for real progress this year.

For the complete article please go to UCANE’s website: www.ucane.com.

Written by MMA Executive Director Geoff Beckwith. n

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IN THIS ISSUE: • Five Years Later, Tax Lessons Learned • Benchmark Based Life Insurance and Annuities • Underused Deductions for Business Owners

Smart Tax, Business & Planning Ideas from

Years Later, Tax Lessons L Five Years Later, TaxFive Lessons Learned

F

ive years ago, as the year 2009 dawned, investors weren’t celebrating. The broad stock market had crashed, many other asset classes had fallen as well, and pessimism had spread throughout the world.

As 2014 begins, investors’ spirits are brighter. Major stock market indexes are near record levels, real estate prices in many areas are recovering, and the U.S. economy seems to be growing steadily.

Looking back, investors can learn some lessons. We’ve already had two severe stock market crashes in this century, and chances are that more downturns will appear from time to time. Taking advantage of certain provisions in the tax code can reduce your stress and keep you in position to benefit from the following upswing, whenever that might occur.

Harvest Capital Losses When stocks or other investments lose value, one possible reaction is to hold on until they recover.

That may not be the best approach, however, for tax effective returns.

Instead, consider selling investments that trade below your original purchase price. That will give you a capital loss; if all your trades in a given year produce more losses than gains, you generally can deduct up to $3,000 of net capital losses on that year’s

JANUARY, 2014

Harvest

When stoc investmen possible re until they not be the however, fo returns.

Instead investmen your origin That will g loss; if all y tax return. A $3,000 net capital loss will reduce your given year Five years ago, as income the year 2009 than gains, you adjusted gross (AGI),dawned, and a lower losses AGI may investors weren’t celebrating. provide various tax savingsThe on broad that return. deduct up to $3,000 o stockThe market had crashed, many other on losses that year’s tax retur tax advantages of harvesting capital asset classes had fallen as well, and capital loss will reduce go beyond a $3,000 deduction in the year of sale. pessimism had spread throughout the gross income (AGI), a Excess net losses can be carried over to future years, world. may provide various ta with no time limit.

AsExample 2014 begins, return.

1: Ininvestors’ a futurespirits year, are the stock market brighter.

Major stock marketMatthews indexes are The tax advantages drops sharply and Lynn takes $40,000 near record levels, losses, real estate capital losses go beyon worth of capital herprices onlyintrades that year. many recovering, and theand U.S.carriesdeduction Lynn areas takes are a $3,000 deduction over the in the year o $37,000 balance. economy seems to be growing steadily. losses can be carried o Looking back, investors learnlosses, some Lynn withhas no atime limit.

With $37,000 of net can capital lessons.

We’ve already hadflexibility. two severeIf the stock market Example 1: In a fut great deal of investment stock market this in century, drops sh recovers, ascrashes it has in done the past, Lynnstock can market sell securities it suits investment strategy.

She takes $40,0 and chanceswhen are that moreher downturns Matthews won’t havefrom to consider the tax consequences of takwill appear time to time.

Taking losses, her only trades ing profitsof ascertain long as she has in a capital advantage provisions the tax loss carryover takes a $3,000 deduct to use an offset. code canasreduce your stress and keep you the $37,000 balance. continued on page in position to benefit from the following With55$37,000 of ne upswing, whenever that might occur.

Lynn has a great deal o

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Rebalance Regularly

Financial Management continued from page 53 Recent tax legislation has increased the effective tax rate on capital gains for many high-income taxpayers. Such investors may benefit significantly from having a “bank” of capital losses to net against capital gains.

Avoid Wash Sales If you sell a particular investment at a loss and immediately buy back the same thing, you will have executed what the IRS calls a wash sale.

Then you won’t be able to count the capital loss on your tax return.

There are several ways to avoid a wash sale.

One is to immediately invest in something different from the security you sold. Another is to wait more than 30 days and then execute a buyback. Either way, you can maintain the strategy you believe fits the current environment.

Example 2: Suppose that Lynn Matthews took her $40,000 of losses in tech stocks and tech funds when the market tumbled. Now Lynn thinks the best opportunities lie in health care stocks, so she can reinvest there right away. On the other hand, if Lynn thinks the tech sector will bounce back, she can buy different tech stocks and funds—or she can wait more than 30 days and repurchase the holdings she sold.

Many financial advisers believe that investors should have a predetermined asset allocation, based largely on their risk tolerance and their time horizon.

Periodically, this asset allocation should be reviewed and, if necessary, adjusted back to the desired levels.

With this strategy, investors may be able to buy low and sell high, which can generate favorable longterm results. However, the “sell high” portion of this plan might lead to taxable gains. If an investor has a bank of capital loss carryovers, rebalancing can be less taxing.

Example 3: In a previous example, Lynn Matthews takes $40,000 worth of capital losses during a bear market for stocks. Lynn reinvests her sales proceeds in different stocks and stock funds.

Indeed, she notices that her asset allocation to stocks had fallen below her desired level, so she sells bonds and buys stocks. The profitable gains from her bond sales can be offset by the losses on her stock sales.

Going forward, if stocks rally and need to be trimmed in a future rebalancing effort by Lynn, any still unused capital loss carryovers can offset that year’s capital gains.

Invest Through Employer Plans

Many companies offer retirement plans such as 401(k)s. Contributions are untaxed, so the tax bill is deferred until money is withdrawn. In most such plans, contributions are automatically made via The important thing is that Lynn can invest the monthly paycheck withholding. way she pleases, as long as she doesn’t enter into While tax deferral is considered a prime benea wash sale. By staying invested, she will be in a fit of these plans, periodic contributions also play a position to use her capital losses in a future market valuable role. If you contribute a certain amount each recovery. month to a designated mutual fund, you will buy more shares when prices are down, fewer shares when prices are up. This tactic is known as dollar cost averaging, Call Your Nearest GENALCO Warehouse and it is a valuable technique for For These Supplies HYDRAULIC GRADE 8 lowering your cost per share and STROBE LIGHTS OIL NUTS & BOLTS WEATHER CAPS increasing future profits.

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Financial Management continued from page 55

Benchmark Based Life Insurance and Annuities

T

he stock market crashes of 2000–2002 and 2008–2009 have made many people less tolerant of investment volatility. In response, some insurance companies and financial advisers are suggesting so-called “index” products that reduce downside exposure. These products may or may not be suitable for you; as always, you should consider the details carefully before making any commitments.

Index Universal Life These policies are a form of permanent life insurance. You pay a substantial premium, a portion of which goes into a savings component, sometimes called the cash value. In this respect, indexed universal life (IUL) insurance resembles whole life, universal life and variable life insurance.

The difference between IUL and the others lies in the way your cash value grows. That growth is tied to an index such as the S&P 500, or to a mix of various indexes. If the relevant benchmark goes up by, say, 7% in a 12-month period, your cash value might increase by 7%.

As straightforward as that might seem, IUL policies can be complex. Often, cash value growth is capped in some manner. In return, your cash value typically is shielded from market losses. Proponents argue that this product design (possible upside with scant downside) will result in substantial growth over the long term. Eventually, perhaps after you retire, you can take tax-free policy loans.

Once you sort out all the details, you might consider IUL if you have a long-term need for life insurance.

Fixed Index Annuities People who do not need additional life insurance, but who want supplemental retirement cash flow, can evaluate fixed index annuities (FIAs). These are deferred annuities, so the basic tax rules apply. No income tax is due on buildup within the annuity contract. Withdrawals are on a LIFO basis (last in, first out), meaning that you’ll owe tax as long as you’re withdrawing untaxed earnings. Alternatively, you can annuitize the contract and receive a stream of income, perhaps over your entire life, and spread out the tax obligation.

Again, with an FIA, the contract growth is pegged to one or more market indexes. You sacrifice some potential accumulation in return for protection against loss if the index declines.

IUL policies and FIAs are offered by many insurers, and the fine print varies greatly, from company to company. continued on page 58

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can evaluate fixed index annuities a particular offering provides a (FIAs). These are deferred annuities, desirable mix of risk reduction and so the basic tax rules apply. No growth potential. g incomeFinancial tax is due on buildup within Management continued from page 57

cost.

Underused Deductions for Business Underused Deductions for Business Owners Owners

As the year begins, business a new vehicle you’ll use for owners should theirbegins, business business. Be sure to track s intensify the year owners efforts to useshould every available tax business versus personal intensify their efforts to use every deduction. Documentation useDocumentation because the IRS tends available taxisdeduction. crucial,issocrucial, keeping all relevant to be with reports so keeping all relevantskeptical receipts will receiptshelp. will help. shouldmaintain of 100% business use.

YouYou alsoalso should a log, explainmaintain a log, explaining why ing why certain items are business related Educational certainand itemsthus are business related tax deductible. materials and thus tax deductible. Our office You can deduct the cost Auto Expenses can help you set up a system to of any books you increase your tax use deductions in car on business, If you your own you that can use purchase to improve Educational Materials 2014 and future years. either the standard mileage or the actual expenseyour company’s profitability.

Again, Similarly, theofcost audiotapes method for tracking deductions. Using the standard You can deduct the cost anyofbooks that you purAuto cents expenses keeping records can and videotapes may be profitability. deductible. Again, per mile rate is simpler, but tracking actual exchase to improve your company’s If you use your own car ondepreciation, business, helpresult to support your penses, including can in more taxdeductions.

If you listening a keeping records candrive helptotowork support yourto deductions. you cansavings. use either the standard It’s not likely you can deduct tapecan about improving your employeethriller, It’s not likely you deduct a James Patterson mileage or the expense method a James Patterson thriller, but but nonfictionmanagement that might be A book books may skills, be a different story.

Theactual actual expense method may be especially for tracking deductions.

Using a new nonfiction books negotiate awith vendors, for example, or helpful after purchasing vehicle you’ll usemay for be athat helps youconsidered reasonable business one that shows you how to hold down legal fees for business.

Be sure to track business versus personal the standard cents per mile rate is different story. A book that helps expense. Likewise, you can deduct your may justify a tax deduction. the IRS tends to you be skeptical simpler,use butbecause tracking actual expenses, negotiate with with revendors, forcompanythe costs of publications such as continued ports of 100% business use. including depreciation, can result in example, or one that shows you magazines and newsletters that on canpage 59 more tax savings. how to hold down legal fees for help you in your business.

The actual expense method may your company may justify a tax Taking a broader look at be especially helpfuland after purchasing education, you can deduct the Custom Standard deduction.

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Financial Management continued from page 58 Similarly, the cost of audiotapes and videotapes may be deductible. If you drive to work listening to a tape about improving your employee management skills, that might be considered a reasonable business expense. Likewise, you can deduct the costs of publications such as magazines and newsletters that can help you in your business.

Taking a broader look at education, you can deduct the cost of any courses you take if you enroll to maintain or improve skills that are valuable in running your business. For example, you even might be able to deduct golf lessons: if you keep records that show 50% of your days on the golf course are business related (teeing off with clients or prospects), you may be able to deduct half the money you spent so you won’t look foolish out there.

Advertising and Marketing You probably realize that the costs of traditional advertising in magazines or on the radio are tax deductible. In addition, other efforts to get your name out to potential customers and enhance your company’s reputation also may be deductible.

That includes the cost of business card preparation, for example. If you participate in trade shows

or send out samples, you probably can deduct your outlays. Even the costs of sponsoring a local soccer league might be deductible, as long as your company’s name is displayed and may reach people who can favorably affect your business prospects.

Some of these items might be small, but you can wind up with substantial tax savings by keeping careful track throughout the year.

Reprinted from CPA Client Bulletin. n

Did You Know?

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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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Equal Opportunity/Affirmative Action Employer

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Advertisers’ Index ATS Equipment, Inc. .............................................................6 Adler Tank Rentals ............................................................. 46 Boro Sand & Stone Corp......................................................50 Dennis K. Burke, Inc............................................................50 Concrete Systems, Inc..........................................................36 Dagle Electrical Construction, Corp....................................20 Darmody, Merlino & Co., LLP..............................................5 DeSanctis Insurance Agency, Inc. .......................................56 Dig Safe System, Inc............................................................59 The Driscoll Agency ............................................................29 EJ..........................................................................................28 Eastern Pipe Service, LLC...................................................11 Eastern States Insurance Agency, Inc..................................48 T. L. Edwards, Inc................................................................48 Ferguson Waterworks.......................................................... 24 Ford Meter Box Co...............................................................54 Geod Consulting, Inc............................................................56 Genalco, Inc..........................................................................55 L. Guerini Group, Inc...........................................................56 HD Supply Waterworks..........................................................4 A. H. Harris & Sons, Inc. ......................................................9 Hinckley Allen, LLP..............................................................8 P. J. Keating Company..........................................................16 P. A. Landers, Inc...................................................................5 Lawrence-Lynch Corp..........................................................21 Liddell Brothers Inc..............................................................10 Lorusso Corp........................................................................13 Lorusso Heavy Equipment, LLC........................................ 40 Mabey, Inc............................................................................52 Mass Broken Stone Company...............................................47 Milton CAT.............................................................................2 Norfolk Power Equipment, Inc.............................................51 Our Outhouses, Inc...............................................................52 Palmer Paving Corporation..................................................54 E. H. Perkins Construction Co., Inc.................................... 60 Podgurski Corp.....................................................................52 E. J. Prescott, Inc..............................................Ins. Front Cvr. Rain For Rent-New England............................. Ins. Back Cvr. Read Custom Soils ...............................................................57 Rodman Ford........................................................................18 Rogers & Gray Insurance Agency, Inc.................................26 Schmidt Equipment, Inc.......................................... Back Cvr. The Scituate Companies.......................................................22 Shea Concrete Products........................................................42 Smith Print............................................................................54 Social Mavens.......................................................................48 Sunbelt Rentals/Pump & Power Services............................12 Systems Support Corporation...............................................47 Taylor Oil Company.............................................................49 Ti-SALES, Inc. ....................................................................13 Albert J. Tonry & Co., Inc................................................... 24 United Concrete Products, Inc. ............................................58 United Rentals Trench Safety...............................................38 C. N. Wood Co., Inc. ............................................................32 Woodco Machinery, Inc.......................................................14

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JANUARY, 2014

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

Contact us today!

Contact us today!

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