January 2015 co web by Ucane

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

JANUARY, 2015

MassDEP Releases Final CY2015 Clean Water and Drinking Water SRF Lists

• OSHA’s Top 10 Most Frequently Cited Standards for FY2014 • Governor Baker Appoints Martin Suuberg as MassDEP Commissioner • City of Boston Unveils New Online Permit Tools

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JANUARY, 2015

IN THIS ISSUE

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

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

KLAYMAN ANNE Executive Director

3 President’s Message:

Dedicated Members are the Lifeblood of Our Association

5 Legislative Update:

• Massachusetts Clean Water Trust’s SRF Pool Program Bonds Rated ‘AAA’ by Fitch; Outlook Stable • Governor Baker Appoints Martin Suuberg as MassDEP Commissioner • Water Infrastructure Alliance Urges Baker-Polito Administration to Invest in Water Infrastructure • Commonwealth Holds Hearing on Application of OSHA Law to State Employees • City of Boston Unveils New Online Permit Tools • New State-Funded Report Finds Carbon Tax Effective Way to Reduce Carbon Emissions • Governor Baker Appoints Secretary for Executive Office of Labor and Workforce Development

19 MassDEP Releases Final CY2015 Clean Water and Drinking Water SRF Lists Totaling Over $506.8 Million 27 Legal Corner:

Corporate Housekeeping: Governance and Succession Planning

35 OSHA’s Top 10 Most Frequently Cited Standards for FY2014 39 OSHA Reminder: New Reporting Requirements Effective January 1, 2015 41 UCANE’s Safety Corner: Dump Truck Safety Operations

43 UCANE’s Fourth Annual Appreciation Night Trade Show 45 UCANE’s 2015 Scholarship Applications Now Available 47 Massachusetts Municipal Association News 51 UCANE Welcomes New Members 53 Financial Management:

• Create a Personal Cash Flow Statement • Tax-Free Roth IRA Conversions • New Year’s Resolutions for Business Owners

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

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Dedicated Members are the Lifeblood of Our Association Being elected UCANE President, and being able to work with other dedicated members to help lead this great organization for the coming year, is certainly an honor for me. I’d like to thank our immediate Past President, Al Morteo, for his leadership over the past two years. During that time our Association made great strides in keeping underground utility construction funding consistent throughout a bumpy economic time period. Al will now serve as a member of our Board of Directors for the next two years, which will certainly help make my transition a smooth one.

ince starting my career in construction, I have seen first-hand, what UCANE has been able to accomplish to raise the consciousness of public officials about clean water and wastewater issues. I am also very proud of the fact that my company, Celco Construction Corp., has been a member of UCANE for more than 40 years, and that I am able to give back my time and energy to the industry that has provided my livelihood. In a small way I am carrying on a family tradition of supporting UCANE as my father-in-law Joe DiPietro was active on the Board and as an Officer in years past. During my association with UCANE I also learned that it is truly a “member-run” association. Officers and Board members really decide the direction that UCANE will take and everyone is given an opportunity to voice his or her opinion…and the majority rules. I have also learned a lot more about our industry since serving on the UCANE Board. There is so much going on in government while our members work in the trenches every day…new legislation, new regulations, funding issues, etc. And many times, it’s UCANE’s efforts outside of the trenches that determine whether our members will have a successful construction season. UCANE constantly battles for our piece of the state and federal “infrastructure budget pie”, always trying to increase our share by educating our legislators and agency heads about our clean water needs and the social and economic impact. I know that UCANE is constantly monitoring state and federal proposed legislation and regulations and rallying the “troops” when our industry

JANUARY, 2015

or our members would be adversely affected. Establishing a mutual working relationship with newly elected Massachusetts Governor Charlie Baker and Lt. Governor Karyn Polito will be key to resolving our state’s underground drinking water and wastewater infrastructure needs. I’m not sure if there has ever been a duo like this entering the governorship that know so much about the problems that small businesses face; the operation of the SRF Program and our future needs; and the many positive benefits that underground water and sewer infrastructure spending provides to the local economy. I now look forward to working with our Officers, Board of Directors, the UCANE staff, and all of our members to maintain our industry prominence and assure that our contractors are competing on a level playing field. This year, we plan to concentrate on, and work towards finalizing legislation that would provide realistic funding levels to close the $21 billion water and sewer “needs gap” that exists in Massachusetts. The old adage of “strength in numbers” is one that I believe in and which remains true to this day, and because of that, expanding our membership in 2015 will also be one of my priorities and I will be looking to our members for their help in this regard.

With all this in mind, I am optimistic that 2015 will be a very good year for our members and our Association. I also want to wish you all a safe and prosperous New Year. n

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Massachusetts Clean Water Trust's SRF Pool Program Bonds Rated 'AAA' by Fitch; Outlook Stable

ccording to a Fitch Ratings press release, an 'AAA' rating was given to approximately $232.2 million clean water trust state revolving fund (SRF) bonds issued by the Massachusetts Clean Water Trust. As reported by Fitch, bond proceeds will be used to finance or refinance costs related to certain wastewater and drinking water projects within the state and to pay for the costs of issuance. Among the interesting facts from the release were indicators that support the MCWT’s strong work as a shepherd to the Commonwealth’s water infrastructure bank. Among the Fitch findings: • Fitch's cash flow modeling demonstrates that the program can continue to pay bond debt service even with loan defaults in excess of Fitch's 'AAA' liability rating stress hurdle, as produced using Fitch's Portfolio Stress Calculator (PSC). • Approximately 96% of the pool SRF bond program (the pool program) consists of borrowers exhibiting investment-grade ratings. Loan security is also strong as borrowers are secured by general obligation pledges of city and towns, local utility revenue pledges, or a combination of both. • Single-borrower concentration is high, with the Massachusetts Water Resources Authority (MWRA) representing 28% of total outstanding loan principal. As you may know, the MCWT provides subsidized financial assistance to local governments in the Commonwealth under four separate SRF programs including three standalone, single-borrower programs (MWRA, South Essex Sewer District, and the city of New Bedford, each rated 'AAA' by Fitch), and the pool program. Of further note, Fitch’s cash flow

JANUARY, 2015

modeling demonstrates that the program can continue to pay bond debt service even with hypothetical loan defaults of 100% in any four-year period of the outstanding bonds’ expected life (per Fitch criteria, a 90% recovery is also applied in its cash flow model when determining default tolerance). MCWT manages one of the largest SRF programs in the nation. Finally, and to the MCWT’s credit, Fitch found that “MCWT is an interagency management team composed of officials from the commonwealth treasurer's office, the executive office of administration and finance and the commonwealth's Department of Environmental Protection (DEP) administers Massachusetts' SRFs in an arrangement typical of such programs nationwide. DEP staff members review and monitor projects for several water and wastewater programs, including the pool program. MCWT has never experienced a pledged and leveraged loan default across any of its SRF programs.” For more information about this report, please visit: www.fitchratings.com. continued on page 7

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Legislative Update continued from page 5

Governor Baker Appoints Martin Suuberg as MassDEP Commissioner

overnor Charlie Baker started off the New Year naming Martin Suuberg as the Commonwealth’s Commissioner for the Department of Environmental Protection (MassDEP). With nearly three decades of experience at state and federal environmental and natural resource agencies, Suuberg is well suited for his new role within the Governor’s cabinet. Suuberg’s long history with the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) and its agencies, includes his most recent roles as Undersecretary of EEA and Deputy Commissioner for Policy and Planning at the Mass-

DEP. “I am honored to take on an expanded role in Governor Baker’s administration and am excited for the opportunity to continue serving the environmental interests of the people of Massachusetts,” said Suuberg. Matthew Beaton, Baker’s EEA Secretary is pleased with this new addition to the team and notes that Suuberg brings valuable experience to the table. Suuberg is a resident of Shrewsbury and has earned undergraduate degrees in International Relations and Economics from Brown University and a J.D. from the Georgetown University Law Center. continued on page 9

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Legislative Update continued from page 7

Water Infrastructure Alliance Urges Baker-Polito Administration to Invest in Water Infrastructure

he Water Infrastructure Alliance, a coalition of engineering, municipal, drinking water supply, contractor, and environmental groups, recently wrote to Governor Charlie Baker relative to the implementation of Chapter 259 of the Acts of 2014, An Act Relative to Drinking and Wastewater Infrastructure. In particular, the group requested that Governor Baker’s first budget contain a significant commitment to the contract assistance line-item, 1599-0093, a mechanism that supports Chapter 259’s efforts to provide greater means to the Massachusetts Clean Water Trust (CWT) for incentivizing municipalities and regional water authorities to invest in water infrastructure. In particular, the letter was as follows: “On behalf of the Water Infrastructure Alliance, we write relative to the implementation of Chapter 259 of the Acts of 2014, An Act Relative to Drinking and Wastewater Infrastructure. As you may know, Chapter 259 was part of a multi-year effort to pass legislation designed to make strategic investments in our state’s water infrastructure while incentivizing reforms and improving best management practices.

To this end, the future of the Commonwealth’s water infrastructure depends on your Administration’s commitment to a mechanism that Chapter 259 expanded upon, one which allows for the subsidization of loans through the Massachusetts Clean Water Trust (CWT). Accordingly, we respectfully request that you increase the funding for the CWT’s contract assistance line item, 1599-0093. In February 2012, the Massachusetts Water Infrastructure Finance Commission found that the Commonwealth and its municipalities have a $21 billion funding gap in meeting their drinking and wastewater infrastructure needs. This not only potentially presents significant public health and environmental concerns, but directly impacts the Commonwealth’s ability to create meaningful economic development opportunities. Recognizing the need to assist municipalities and regional water authorities in addressing this problem, Chapter 259 of the Acts of 2014 gave greater flexibility to the CWT to provide more options for financing eligible projects that have incorporated continued on page 11

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Legislative Update continued from page 9 best management practices (i.e., development of an asset management plan, etc.). Under the recently passed water infrastructure legislation, additional contract assistance capacity was provided, but without the necessary appropriation to subsidize the interest rate. As a result, without an increase in the Contract Assistance line-item, the CWT will not be able to provide the additional support necessary to incent our municipalities and regional water authorities to address critical maintenance needs, develop long term plans, and incorporate important water management reforms today, as part of the overall effort to save on long term costs, sustain economic development, and manage systems more efficiently. (Note: contract assistance does not directly fund projects; it addresses the difference between borrower repayments and amounts owed on debt service.) An increase in this line-item will allow the CWT to provide greater incentives for municipalities and regional authorities to address their water infrastructure more affordably today. While cognizant of the Commonwealth’s fiscal realities, it is important to recognize that investing in our water infrastructure not only protects our health, safety, and the environment, while supporting economic growth, but directly contributes to increased revenue for the Commonwealth through direct and indirect job

creation. Our diverse membership looks forward to working with your Administration to see that the Commonwealth’s water infrastructure needs are met. We appreciate your attention to this important matter.” The letter was sent to Governor Baker as well as Kristin Lepore, Secretary-Designate for the Executive Office of Administration and Finance; Speaker Bob DeLeo; Senator Stan Rosenberg, the likely Senate President next session; and the Executive Office of Energy and Environmental Affairs Secretary-Designate Matt Beaton. Members of the Water Infrastructure Alliance who signed the letter included: 495/MetroWest Partnership, American Council of Engineering Companies of Massachusetts, Boston Society of Civil Engineers, Environmental Business Council on New England, Massachusetts Coalition for Water Resources Stewardship, Massachusetts Municipal Association, Massachusetts Rivers Alliance, Massachusetts Water Pollution Control Association, Massachusetts Water Works Association, MWRA Advisory Board, NAIOP Massachusetts, The Commercial Real Estate Development Association, NEWEA (New England Water Environment Association), The Nature Conservancy, Wastewater Advisory Committee to the MWRA, and the Utility Contractors’ Association of New England. continued on page 13

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Legislative Update continued from page 11

Commonwealth Holds Hearing on Application of OSHA Law to State Employees

ccording to a recent press release from the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), public employee groups across a wide range of professions testified at a public hearing before the Massachusetts Department of Labor Standards recently. The Commonwealth must promulgate regulations in accordance with a new law requiring the state to apply federal Occupational Safety and Health Act (OSHA) safety protections for state employees. Prior to the passage of the new law, only private sector employers were required to comply with OSHA standards. Marcy Goldstein-Gelb, executive director of the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) testified that “[f]or more than five years, MassCOSH, state employee unions, and the Patrick Administration have worked toward this day, when we can realize our shared goal of dramatically reducing the risk of injury, illness, and death of state employees.” In her testimony, Gold-

stein-Gelb noted that the regulations incorporate three essential components: (a) clearly articulating the responsibility of state agencies to comply with federal OSHA; (b) asserting the right of workers to report a violation and be assured that the state Department of Labor Standards will investigate the complaint; and (c) ensuring that a union representative be able to participate in the investigative process, allowing workers to bring their critical perspective to the investigation. At the hearing, occupational experts and labor representatives urged the Patrick Administration to provide sufficient funding to enforce the law. Without sufficient enforcement, they argued, the Commonwealth would continue to see injuries and death, causing pain and suffering for employees and costing the state more than $40 million in workers’ compensation costs. Implementation of this new law will now fall to the incoming BakerPolito Administration. continued on page 15

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City of Boston Unveils New Online Permit Tools

he City of Boston has unveiled a new online permit tracking tool, and has launched online applications for a number of Boston Fire Department permits and licenses. As outlined in a statement from the City, Permit Finder is a new online tool which will allow residents, contractors, and the general public to check the status of permits through the approval process. The application provides information on future steps in the approval process, City staff responsible for portions of the process, and timelines for each step in the process through a simple search interface. Users can track both Inspection Services Department (ISD) and Fire Department permits. The tool will also display all open reviews at any point in the review process. The tool was built off a prototype developed at the City's HubHacks “Civic Hackathon” in August. Over the past four months, the City has worked to complete its development. The permit tracker can be found online: http://permits.boston.gov. In addition, the City has made some of the most common Fire Department permits and licenses available online. Applicants will now be able to apply for five permit applications, such as those for fire alarm installation, as well as two licenses from home, saving time spent traveling to Fire Prevention Headquarters at 1010 Massachusetts Avenue. With the addition of these Fire permits, the City now has 19 permits available online total. The Fire Department permits can be found online: www.cityofboston.gov/permits. According to the Mayor’s Office, the announcement is part of an overall effort to reduce permitting costs and time within the City. Already, the City of Boston has seen: • On-time permit issuance has increased to 75%, up from 56% in March 2014. • ISD issued 12,500 more permits in 2014 than in 2013, an increase of 21%. • Long-form permits are reviewed and issued within an average of 23 days, down from 28 days in March 2014. • Appeal dates are now scheduled within an average of two months, down from five months prior to the launch of these streamlined efforts. • A backlog reduction of approximately 3,500 open building complaints to only 289 open complaints as of December 2014. The City issues 60 different types of permits, totaling approximately 86,000 permits annually and they expect to announce more streamlining efforts for permits and licensing in the first half of 2015.

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Legislative Update continued from page 15

New State-Funded Report Finds Carbon Tax Effective Way to Reduce Carbon Emissions

he Boston Globe recently reported on a new state-sponsored report that found implementing a multibillion-dollar “carbon tax” on all fossil fuels used in the state — including oil and natural gas to heat homes and gas/diesel used to fuel off-road and on-road motor vehicles — would be an effective way of cutting carbon pollutants blamed for accelerating climate change. Prepared by private consultants on behalf of the Massachusetts Department of Energy Resources, the report emphasized that any new carbon tax or fee imposed on fossil fuels should be offset by tax cuts or some rebate to consumers in order to make the new carbon charge “revenue neutral. Using various forecasting models, the report found that a phased-in new tax could raise about $1.75 billion by 2020, or nearly 7 percent of current state revenues, and could raise between $2.5 billion and

nearly $5 billion by 2040. While the report relied on large pockets of previously untaxed “use” of carbon based products, the report did find that the state’s economic growth could be dramatically impacted in certain circumstances. The Patrick Administration, which took no position on the concept of carbon taxation, paid close to $150,000 for the report. Proponents of the carbon tax have cited the taxes ability to lower carbon emissions by 5 to 10 percent. Opponents have argued that the impact to the Massachusetts economy would be devastating; particularly as the price of petroleum products continues its downward trend. To view a copy of the report, please visit: http:// www.mass.gov/eea/docs/doer/fuels/mass-carbontax-study.pdf. continued on page 17

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Tank Monitoring • Remote monitoring ensures your tank has ample fuel for uninterrupted service

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Renewables • Biodiesel, bioheat and E85 ethanol • First in MA with biofuels at the pump

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JANUARY, 2015

Legislative Update continued from page 16

Governor Baker Appoints Secretary for Executive Office of Labor and Workforce Development

overnor Baker recently announced that he has chosen Ron Walker to serve as Secretary of the Massachusetts Executive Office of Labor and Workforce Development. Mr. Walker is the founder and president of the Boston-based company Next Street, a merchant bank that advises small businesses. Located in Roxbury; the company also has a location in New York. According to a statement from the Baker Transition Committee, it is hoped that Mr. Walker, a 53-year-old Democrat, will bring “the new, innovative approach he took in his role at Next Street” to his new position. “He has worked to earn incredible success

over his career and he will be invaluable to our efforts in bridging the gap between work and education to make Massachusetts great everywhere,” Baker said in the statement. For his part, Secretary-Designate Walker said he was honored to accept the post, adding that he shares Baker’s “emphasis on connecting education to work” and “his commitment to workforce development.” A former executive vice president and regional executive of retail banking for Sovereign Bank, Mr. Walker is also an overseer for the Boston YMCA. He is also a recipient of the Boston Business Journal’s “CEO of the Year Social Leadership” award. n

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

JANUARY, 2015

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MassDEP Releases Final CY2015 Clean Water & Drinking Water SRF Lists Totaling Over $506.8 Million

$400.3 MILLION PROPOSED FOR CLEAN WATER SRF IN 2015

he Massachusetts Department of Environmental Protection (MassDEP) is pleased to present the Final 2015 Intended Use Plan (IUP), which details the projects, borrowers and amounts that will be financed through the Clean Water State Revolving Fund (CWSRF) program. The CWSRF is a joint federal-state financing loan program that provides subsidized interest rate loans to improve or protect water quality in the Commonwealth. As noted in Table 1, Massachusetts is offering approximately $400.3 million to finance clean water projects across the Commonwealth. Approximately $357.6 million will fund 27 new construction projects

and an additional $12.8 million will be allocated towards funding 7 previously approved multi-year projects. $2 million has been allocated to the emergency set-aside account, and $5 million will be directed to the Community Septic Management Program to remediate failed septic systems in participating communities. An additional $10.4 million will fund 14 planning projects. MassDEP also is placing an anaerobic digester project deemed a high priority by the MassDEP on the 2015 IUP. Approximately half the cost of this $24.9 million project proposed by the Greater Lawrence Sanitary District will be allocated in 2015 while the remainder of the funding will be carried-over to 2016.

Table 1

Clean Water

TABLE 1 State Revolving Fund CY2015 CLEAN WATER STATE REVOLVING FUND Calendar Year 2015 CWSRF Intended Use Plan

Intended Use Plan

NEW PROJECTS

NEW PROJECTS Rating Applicant SRF ID Project Rating Applicant SRF ID Project 141 NEW BEDFORD (EJ)(RE)#

4008 CSO Abatement

139 GLSD (EJ)#

Project Cost Cost Project

2015

2015IUP IUPCost Cost

$181,300,000

$40,000,000

3965 CSO Abatement Program

$9,900,000

120 NANTUCKET #

4034 Surfside WWTF Improvements

$8,827,000

119 MARION

4005 WW and Drainage System Improvements

$17,280,000

119 WORCESTER (EJ)

3988 Route 20 Sewer

$20,000,000

116 NANTUCKET

4035 Sewer Extension

$55,752,000

$28,000,000

115 LOWELL REGIONAL WASTEWATER UTILITY (EJ)#

3976 CSO Phase II

$32,000,000

$10,000,000

112 FITCHBURG (EJ)#

3993 Easterly WWTF Upgrade

$27,383,000

112 CHICOPEE (EJ)

3945 Sewer Separation - Area 5 Phase A

$11,939,000

111 WORCESTER (EJ)

3998 Lake Ave Sewer Rehab

$3,256,000

111 MWRA

3979 CSO Phase 16

$669,970,000

$26,200,000

107 REVERE (EJ)

3958 Sewer Rehab

$13,450,000

107 REVERE (EJ)

3959 Illicit Connection Removal

$2,900,000

106 LOWELL REGIONAL WASTEWATER UTILITY (EJ)#

3978 WWTF and PS Upgrades

$11,000,000

106 SAUGUS (EJ)

3975 SSO Reduction Subsystem 4

$1,718,000

102 BROCKTON (EJ)

4002 Sewer Rehab

$1,840,000

102 SHREWSBURY

3987 Sewer & PS Improvements

$3,300,000

99 LAWRENCE (EJ)

3964 Sewer Rehab

$12,808,000

99 FRAMINGHAM (EJ)

3962 Pump Station Reconfiguration

$18,000,000

$12,000,000

97 GRAFTON (RE)#

3990 WWTP Improvements

continued on page 20 $45,000,000 $15,000,000

97 HAVERHILL (EJ)

3963 Sewer Rehab

$4,979,000

4014 Underdrain Area Sewer Rehab

$2,700,000

$39,010,000

$20,000,000

95 NORWOOD (EJ)

JANUARY, 2015

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

93 MFN REGIONAL WASTEWATER DISTRICT

4037 WPCF Upgrades

107 REVERE (EJ) 3958 Sewer Rehab $13,450,000 $13,450,000 107 REVERE (EJ) 3959 Illicit Connection Removal $2,900,000 $2,900,000 107 REVERE (EJ) 3959 Illicit Connection Removal $2,900,000 $2,900,000 106 LOWELL REGIONAL 3978 WWTF and PS Upgrades $11,000,000 $11,000,000 106 LOWELL REGIONAL UTILITY (EJ)#3978 WWTF and PS Upgrades $11,000,000 $11,000,000 WASTEWATER WASTEWATER UTILITY (EJ)# 106 SAUGUS (EJ) from page 19 3975 SSO Reduction Subsystem 4 $1,718,000 $1,718,000 DEP/SRF continued 106 SAUGUS (EJ) 3975 SSO Reduction Subsystem 4 $1,718,000 $1,718,000 102 BROCKTON (EJ) 4002 Sewer Rehab $1,840,000 $1,840,000 102 BROCKTON (EJ) 4002 Sewer Rehab $1,840,000 $1,840,000 NEW PROJECTS (cont.) 102 SHREWSBURY 3987 Sewer & PS Improvements $3,300,000 $3,300,000 2015 102 SHREWSBURY 3987 Sewer & PS Improvements $3,300,000 $3,300,000 99 LAWRENCE (EJ) 3964 Sewer Rehab $12,808,000 $12,808,000 Rating Applicant SRF ID Project Project Cost IUP Cost 99 LAWRENCE (EJ) 3964 Sewer Rehab $12,808,000 $12,808,000 99 FRAMINGHAM (EJ) 3962 Pump Station Reconfiguration $18,000,000 $12,000,000 99 FRAMINGHAM (EJ) 3962 Pump Station Reconfiguration $18,000,000 $12,000,000 97 GRAFTON (RE)# 3990 WWTP Improvements $45,000,000 $15,000,000 97 GRAFTON (RE)# 3990 WWTP Improvements $45,000,000 $15,000,000 97 HAVERHILL (EJ) 3963 Sewer Rehab $4,979,000 $4,979,000 97 HAVERHILL (EJ) 3963 Sewer Rehab $4,979,000 $4,979,000 95 NORWOOD (EJ) 4014 Underdrain Area Sewer Rehab $2,700,000 $2,700,000 95 NORWOOD (EJ) 4014 Underdrain Area Sewer Rehab $2,700,000 $2,700,000 93 MFN REGIONAL WASTEWATER 4037 WPCF Upgrades $39,010,000 $20,000,000 93 MFN REGIONAL $39,010,000 $20,000,000 DISTRICT WASTEWATER 4037 WPCF Upgrades DISTRICT 93 WORCESTER (EJ) 3999 Sewer Interceptor $8,267,000 $8,267,000 93 WORCESTER (EJ) 3999 Sewer Interceptor $8,267,000 $8,267,000 91 MIDDLEBOROUGH (EJ) 4006 WPCF Upgrades $28,266,000 $28,266,000 91 MIDDLEBOROUGH (EJ) 4006 WPCF Upgrades $28,266,000 $28,266,000 89 GRANBY 3947 Sewer Expansion $7,594,000 $7,594,000 89 GRANBY 3947 Sewer Expansion $7,594,000 $7,594,000 88 BOSTON WATER AND SEWER 3961 Sewer Separation $14,644,000 $9,000,000 88 BOSTON WATER AND SEWER 3961 Sewer Separation $14,644,000 $9,000,000 COMMISSION (EJ) COMMISSION (EJ)

TOTAL OF NEW NEW PROJECTS PROJECTS TOTAL OF TOTAL OF NEW PROJECTS (Count: 27) (Average Rating: 106.89) (Count: 27) (Average Rating: 106.89) (Count: 27) (Average Rating: 106.89)

$1,253,083,000 $357,607,000 $1,253,083,000 $357,607,000 $1,253,083,000

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

$357,607,000

continued on page 21

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JANUARY, 2015

DEP/SRF continued from page 20 MULTI-YEAR MULTI-YEAR CARRYOVER AND STATUTORY PROJECTSCARRYOVER AND STATUTORY PROJECTS MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS Applicant SRF ID ID Project Project Project CostCost Applicant Project MULTI-YEAR CARRYOVER AND STATUTORYSRF PROJECTS Applicant SRF ID Project Project Cost Applicant SRF ID Project Project Cost MWRA 3668 Nut Island Headworks Electrical & Conveyor Improv. $9,200,000 MWRA 3668 Nut Island Headworks Electrical & Conveyor Improv. $9,200,000 3668 Deer Nut Island & Conveyor Improv. $9,200,000 MWRA 3134 IslandHeadworks Treatment Electrical Plant Improvements $81,559,117 MWRA 3134 Deer Island Treatment Plant Improvements $81,559,117 3134 Wastewater Deer Island Treatment $81,559,117 MWRA 2885 Treatment Plant Plant Improvements and Sewer Improvements $48,685,168 MWRA 2885 Wastewater Treatment Plant and Sewer Improvements $48,685,168 2885 Electrical Wastewater Treatment Plant and Sewer Improvements $48,685,168 MWRA 2870 Upgrades $73,215,641 MWRA 2870 Electrical Upgrades $73,215,641 MWRA # 3543 DITP Electrical and Plant Upgrades $51,436,276 2870 Electrical Upgrades $73,215,641 MWRA # 3543 DITP Electrical and Plant Upgrades $51,436,276 MWRA # # 3543 DITP Digester Electrical and Plant $51,436,276 3543 DITP Electricaland andCryogenics Plant Upgrades Upgrades $51,436,276 MWRA 3542 Upgrade $21,780,000 MWRA # 3542 DITP Digester and Cryogenics Upgrade $21,780,000 MWRA 3542 DITP and Upgrade $21,780,000 MWRA # # 3542 Dickinson DITP Digester Digester and Cryogenics Cryogenics Upgrade $21,780,000 SPRINGFIELD WATER 3916 Siphon/Main Interceptor Rehab $17,880,000 SPRINGFIELD WATER AND AND 3916 Dickinson Siphon/Main Interceptor Rehab $17,880,000 SEWER COMMISSION COMMISSION (EJ) (EJ) SEWER SPRINGFIELD 3916 $17,880,000 SPRINGFIELD WATER WATER AND AND 3916 Dickinson Dickinson Siphon/Main Siphon/Main Interceptor Interceptor Rehab Rehab $17,880,000 COMMISSION (EJ) TOTAL MULTI-YEAR CARRYOVER AND PROJECTS $303,756,202 SEWER COMMISSION (EJ) TOTAL OF OFSEWER MULTI-YEAR CARRYOVER AND STATUTORY STATUTORY PROJECTSPROJECTS $303,756,202 TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY $303,756,202 TOTAL7) OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS $303,756,202 (Count: (Count: 7) (Count: 7) (Count: 7) MassDEP MassDEP PRIORITY PRIORITY PROJECTS PROJECTS MassDEP PRIORITY PROJECTS Applicant SRF Project MassDEP PRIORITY Applicant PROJECTS SRF ID ID Project Project Project Cost Cost Applicant SRF ID Project Applicant SRF ID Project Project CostCost COMMUNITY SEPTIC 3850 $5,000,000 COMMUNITY SEPTIC 3850 $5,000,000 MANAGEMENT PROGRAM MANAGEMENT PROGRAM COMMUNITY SEPTIC 3850 $5,000,000 EMERGENCY SRF SET-A-SIDE 2977 $2,000,000 MANAGEMENT PROGRAM EMERGENCY SRF SET-A-SIDE 2977 $2,000,000

2015IUP IUPCost Cost 2015

2015 IUP Cost 2015 IUP Cost $1,500,000 $1,500,000 $1,500,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $1,500,000 $100,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $8,022,000 $8,022,000 $8,022,000 $8,022,000 $12,822,000 $12,822,000

$12,822,000

2015 2015 IUP IUP Cost Cost

2015 IUP 2015 IUPCost Cost $5,000,000 $5,000,000 $5,000,000 $2,000,000 $2,000,000

EMERGENCY SRF SET-A-SIDE 2977 $2,000,000 $2,000,000 GLSD (EJ)(RE)# 3966 Organics to Energy $24,895,000 $12,500,000 GLSD (EJ)(RE)# 3966 Organics to Energy $24,895,000 $12,500,000 GLSD (EJ)(RE)# 3966 Organics Organics to to Energy Energy $24,895,000 $12,500,000 TOTAL OFGLSD MassDEP PRIORITY PROJECTS 3966 $31,895,000 $19,500,000 (EJ)(RE)# $24,895,000 $12,500,000 TOTAL OF MassDEP PRIORITY PROJECTS $31,895,000 $19,500,000 TOTAL OF MassDEP PRIORITY PROJECTS $31,895,000 $19,500,000 TOTAL OF MassDEP PRIORITY PROJECTS $31,895,000 $19,500,000 (Count: TOTAL3) OF MassDEP PRIORITY PROJECTS $31,895,000 $19,500,000 (Count: 3) (Count: 3) (Count: 3) 3) (Count: PLANNING PROJECTS PLANNING PROJECTS PLANNING PROJECTS SRF ID Project Project Cost 2015 IUP Cost PLANNINGApplicant PROJECTS PLANNING PROJECTS Applicant SRF ID Project Project Cost 2015 IUP Cost Applicant SRF IDProject Project Project Cost 2015 Applicant SRF ID Project Cost 2015IUP IUPCost Cost ACUSHNET 4020 CWMP $375,000 $375,000 Applicant SRF ID Project Project Cost 2015 IUP Cost ACUSHNET 4020 CWMP $375,000 $375,000 ACUSHNET 4020 CWMP $375,000 $375,000 BROCKTON 4015 Management Plan $400,000 $400,000 ACUSHNET 4020 Stormwater CWMP $375,000 $375,000 BROCKTON 4015 Stormwater Management Plan $400,000 $400,000 BROCKTON 4015 Stormwater Management Plan $400,000 $400,000 HAVERHILL 3953 LTCP phase II $2,000,000 $2,000,000 BROCKTON 4015 CSO Stormwater Management Plan $400,000 $400,000 HAVERHILL 3953 CSO LTCP phase II $2,000,000 $2,000,000 HAVERHILL 3953 CSO LTCP phase II $2,000,000 $2,000,000 LOWELL REGIONAL 3954 Capacity $500,000 $500,000 HAVERHILL 3953 WWTF CSO LTCP phaseAssessment II $2,000,000 $2,000,000 LOWELL REGIONAL 3954 WWTF Capacity Assessment $500,000 $500,000 WASTEWATER UTILITY LOWELL REGIONAL 3954 WWTF Capacity Assessment $500,000 $500,000 WASTEWATER UTILITY LOWELL REGIONAL 3954 WWTF Capacity Assessment $500,000 $500,000 WASTEWATER UTILITY NANTUCKET 4033 I/I Study $225,000 $225,000 WASTEWATER NANTUCKET UTILITY 4033 I/I Study $225,000 $225,000 NANTUCKET 4033 I/I Study $225,000 $225,000 NANTUCKET 4032 Master Planning $350,000 $350,000 NANTUCKET 4033 Stormwater I/I Study $225,000 $225,000 NANTUCKET 4032 Stormwater Master Planning $350,000 $350,000 NANTUCKET 4032 Stormwater Master Planning $350,000 $350,000 NEW BEDFORD 4009 and SWP $1,000,000 $1,000,000 NANTUCKET 4032 IWW Stormwater Master Planning $350,000 $350,000 NEW BEDFORD 4009 IWW and SWP $1,000,000 $1,000,000 NEW BEDFORD 4009 IWW and SWP $1,000,000 $1,000,000 NORTHBOROUGH 3994 andand SSES $430,000 $430,000 NEW BEDFORD 4009 I/I IWW SWP $1,000,000 $1,000,000 NORTHBOROUGH 3994 I/I and SSES $430,000 $430,000 NORTHBOROUGH 3994 I/I and SSES $430,000 $430,000 NORWOOD 4013 Planning $500,000 $500,000 NORTHBOROUGH 3994 SSES/SMOM/Stormwater I/I and SSES $430,000 $430,000 NORWOOD 4013 SSES/SMOM/Stormwater Planning $500,000 $500,000 NORWOOD 4013 SSES/SMOM/Stormwater Planning $500,000 $500,000 REVERE 3957 Connection DetectionPlanning $800,000 $800,000 NORWOOD 4013 Illicit SSES/SMOM/Stormwater $500,000 $500,000 REVERE 3957 $800,000 $800,000 REVERE 3957 Illicit Illicit Connection Connection Detection Detection $800,000 $800,000 REVERE 3956 $1,700,000 $1,700,000 REVERE 3957 SSES Illicit Connection Detection $800,000 $800,000 REVERE 3956 $1,700,000 $1,700,000 REVERE 3956 SSES SSES $1,700,000 $1,700,000 REVERE 3955 $250,000 $250,000 REVERE 3956 FOG SSESStudy $1,700,000 $1,700,000 REVERE 3955 $250,000 $250,000 REVERE 3955 FOG FOG Study Study $250,000 $250,000 RUTLAND 3995 CWMP $350,000 $350,000 REVERE 3955 Study $250,000 $250,000 RUTLAND 3995 CWMP $350,000 $350,000 RUTLAND 3995 FOG CWMP $350,000 $350,000 UBWPAD 3997 Wet Weather Management and FP Nutrient Upgrade $1,500,000 $1,500,000 RUTLAND 3995 CWMP $350,000 $350,000 UBWPAD 3997 $1,500,000 $1,500,000 UBWPAD 3997 Wet Wet Weather Weather Management Management and and FP FP Nutrient Nutrient Upgrade Upgrade $1,500,000 $1,500,000 TOTAL OF PLANNING PROJECTS $10,380,000 $10,380,000 UBWPAD 3997 Wet Weather Management and FP Nutrient Upgrade $1,500,000 $1,500,000 TOTAL OF PLANNING PROJECTS $10,380,000 $10,380,000 (Count: 14) TOTAL OFTOTAL PLANNING PROJECTSPROJECTS $10,380,000 $10,380,000 OF PLANNING (Count: 14) $10,380,000 $10,380,000 (Count: 14) (Count: 14) TOTAL OF INTENDED USE PLAN $1,599,114,202 $400,309,000 TOTAL OF INTENDED USE PLAN $1,599,114,202 $400,309,000 TOTAL OF INTENDED USE PLAN $1,599,114,202 continued$400,309,000 on page 23

TOTAL OF INTENDED USE PLAN

JANUARY, 2015

$1,599,114,202

$400,309,000

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 9

9 9

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DEP/SRF continued from page 21

$106.5 MILLION PROPOSED FOR DRINKING WATER SRF IN 2015

he Massachusetts Department of Environmental Protection (MassDEP) is pleased to present the Final 2015 Intended Use Plan (IUP), which lists the proposed projects, borrowers and amounts that will be financed through the Drinking Water State Revolving Fund (DWSRF) loan program. The DWSRF is a joint federal-state financing program that provides subsidized interest rate loans to protect public health by improving water supply, infrastructure systems, and protecting drinking water in the Commonwealth.

As noted in Table 1, Massachusetts proposes to offer approximately $106.5 million to finance drinking water projects across the Commonwealth. Approximately $68.7 million will fund 13 new construction projects and an additional $34.2 million will be allocated towards funding 9 previously approved multi-year projects. $1.6 million was allocated towards the one Planning Project submitted. An additional $2 million will fund an emergency set-aside account.

Table 1 Drinking Water State Revolving Fund CY2015 Intended Use Plan TABLE 1 DRINKING WATERTABLE STATE 1REVOLVING NEW PROJECTS Calendar Year 2015 DWSRF Intended Use Plan DRINKING WATER STATE REVOLVING

2015 Calendar Year 2015 DWSRF Intended Use Plan Rating Applicant SRF ID Project Project Cost IUP Cost Rating Applicant SRF ID Project Project Cost 2015 IUP Cost

NEW PROJECTS

Rating Applicant 540.0 BROCKTON (EJ)

SRF ID Project 4023 Water Main Improvements

Project Cost $3,810,000

528.0 (EJ) (EJ) 540.0EASTHAM BROCKTON

40384023 Water System Phase I Water Main Improvements

$45,476,000 $3,810,000 $16,000,000 $3,810,000

525.0 * WESTPORT 528.0 EASTHAM (EJ)

40194038 WTFWater Disinfection Products SystemByPhase I removal

520.0 525.0SHREWSBURY * WESTPORT

39834019 Home Farm WTF Upgrade WTF Disinfection By Products removal

510.0 * WEST BROOKFIELD 520.0 SHREWSBURY

39843983 Water MainFarm Extension Home WTF Upgrade

444.0 BEDFORD (EJ)# 510.0NEW * WEST BROOKFIELD

40293984 WTPWater RehabMain Extension

$24,850,000 $136,300 $12,000,000 $136,300

440.0 BEDFORD (EJ)(EJ)# 444.0NEW NEW BEDFORD

40304029 Reservoir Rehab WTP Rehab

$22,350,000 $24,850,000 $10,000,000 $12,000,000

440.0 FALL RIVER (EJ) 440.0 NEW BEDFORD (EJ)

4017 WTP Improvements 4030 Reservoir Rehab

435.0 CHICOPEE (EJ) 440.0 FALL RIVER (EJ)

3949 Water Transmission Main 4017 WTP Improvements

423.0 * HILLCREST WATER DISTRICT 435.0(EJ)(RE)# CHICOPEE (EJ)

4001 Tank Rehab 3949 Water Transmission Main

$799,000 $45,476,000

$799,000 $16,000,000

$12,820,000 $799,000 $12,820,000 $799,000 $136,300 $12,820,000

423.0 * HILLCREST WATER DISTRICT 39854001 Tank Rehab 407.0 * CARRIAGE HOUSE Water Supply Improvements (EJ)(RE)# CONDOMINIUM 407.0 * CARRIAGE HOUSE 210.0 * PLAINVILLE (EJ) 40263985 TankWater RehabSupply Improvements CONDOMINIUM 210.0 * STOCKBRIDGE 3951 Water System Improvements 210.0 * PLAINVILLE (EJ) 4026 Tank Rehab TOTAL OF NEW PROJECTS 210.0 * STOCKBRIDGE 3951 Water System Improvements TOTAL (Count: 13) OF NEW PROJECTS (Average Rating: 433.23) TOTAL OF NEW PROJECTS 13) (Average Rating: 433.23) * - (Count: Small System (Count: 13) (Average Rating: 433.23)

2015 IUP Cost $3,810,000

$136,300 $12,820,000

$859,000 $22,350,000

$859,000 $10,000,000

$8,777,000 $859,000

$548,000 $8,777,000

$548,000 $130,000

$130,000 $1,017,000

$1,806,500 $1,806,500 $1,017,000 $1,017,000 $123,378,800 $68,702,800 $1,806,500 $1,806,500

$123,378,800

$68,702,800

$123,378,800

$68,702,800

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

# - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm)

MassDEP PRIORITY PROJECTS Applicant

MassDEP PRIORITY PROJECTS EMERGENCY SRF SET-A-SIDE Applicant

SRF ID Project 2978

SRF ID Project

JANUARY, 2015 “BUY FROM THE ADVERTISERS TOTAL OF MassDEP PRIORITY PROJECTS EMERGENCY SRF SET-A-SIDE 2978 (Count: 1)

continued on page 25

Project Cost

2015 IUP Cost

$2,000,000 Project Cost

IN CONSTRUCTION OUTLOOK” $2,000,000

$2,000,000

2015 IUP Cost

23 $2,000,000 $2,000,000

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*(Count: - Small13) System

(Average Rating: 433.23)

(EJ) - Environmental Justice Communities * - Small System (RE) - Potential Renewable Energy Projects (EJ) - Environmental Justice Communities # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (RE) - Potential Renewable Energy Projects (http://water.epa.gov/aboutow/eparecovery/index.cfm) DEP/SRF continued from page 23 # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm)

MassDEP PRIORITY PROJECTS

Applicant

Applicant MassDEP PRIORITY PROJECTS

SRF ID

SRF ID Project

Project

Project Cost

2015 IUP Cost 2015 IUP Cost

Project $2,000,000 Cost

2015$2,000,000 IUP Cost

Project Cost

Applicant ID Project EMERGENCY SRF SET-A-SIDE SRF 2978 EMERGENCY SRF SET-A-SIDE 2978 OF PRIORITY MassDEPPROJECTS PRIORITY PROJECTS TOTAL OF TOTAL MassDEP

$2,000,000

(Count: 1)

TOTAL1)OF MassDEP PRIORITY PROJECTS (Count:

Applicant SRFPROJECTS ID Project MULTI-YEAR CARRYOVER AND STATUTORY Applicant (EJ)# FALMOUTH

SRF ID

$2,000,000

AND STATUTORY PROJECTS

Project

SRF ID Long Project 3878 Pond WTF

Project Cost

2015 IUP Cost

Project Cost

2015 IUP Cost

Project$43,500,000 Cost

2015 IUP Cost $15,900,000

FALMOUTH (EJ)# MWRA

3878 Weston Long Pond WTF Supply Mains and Sec 36/101 3898 Aqueduct

$43,500,000 $67,920,500

$15,900,000 $3,000,000

MWRA MWRA

3898 NHS Weston Aqueduct SupplyPipeline Mains and Sec 36/101 3160 - Revere & Malden

$67,920,500 $9,614,000

$3,000,000 $1,100,000

MWRA MWRA MWRA MWRA MWRA MWRA MWRA MWRA MWRA MWRA # MWRA #

3160 3050 3050 3049 3049 3048 3048 1680 1680 3727 3727

$9,614,000 $16,978,840 $16,978,840 $47,880,847 $47,880,847 $53,112,388 $53,112,388 $65,685,888 $65,685,888 $67,851,000 $67,851,000

$1,100,000 $1,100,000

NEW BEDFORD (EJ)

3870 Transmission Main 8 Improvements

$10,300,000

$5,300,000

NHS - Revere & Malden Pipeline Northern Low Service Area Rehabilitation Northern Low Service Area Rehabilitation New Connecting Mains New Connecting Mains Lower Hultman Aqueduct Rehabilitation Lower Hultman Aqueduct Rehabilitation Southern Spine Distribution Mains Southern Spine Distribution Mains Low Service Storage Low Service Storage 8

TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS NEW BEDFORD (EJ) 3870AND Transmission MainPROJECTS Improvements TOTAL OF MULTI-YEAR CARRYOVER STATUTORY (Count: 9) (Count: 9) TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS PLANNING PROJECTS (Count: 9) Applicant SRF ID Project PLANNING PROJECTS PLANNING PROJECTS BARNSTABLE Applicant Applicant TOTAL OF PLANNING PROJECTS BARNSTABLE (Count: 1) TOTAL OF PLANNING PROJECTS (Count: 1)

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

$2,000,000

(Count: 1) MULTI-YEAR CARRYOVER AND STATUTORY PROJECTSCARRYOVER MULTI-YEAR

Applicant

$2,000,000

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

$382,843,463

$34,200,000

$10,300,000 $382,843,463

$5,300,000 $34,200,000

$382,843,463

$34,200,000

Project Cost

4012 New Wells Phase I through Phase III Planning SRF ID Project SRF ID Project

$1,628,500 Project Cost Project Cost $1,628,500 $1,628,500

4012 New Wells Phase I through Phase III Planning

TOTAL OF PLANNING PROJECTS TOTAL OF INTENDED USE PLAN (Count: 1)

$1,100,000 $1,100,000 $1,100,000 $1,100,000 $1,100,000 $1,100,000 $1,100,000 $4,500,000 $4,500,000

$1,628,500

TOTAL OF INTENDED USE PLAN

2015 IUP Cost $1,628,500 2015 IUP Cost 2015 IUP Cost $1,628,500 $1,628,500

$1,628,500

$509,850,763

$1,628,500

$106,531,300

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Corporate Housekeeping:

Governance and Succession Planning The fundamentals of corporate governance and succession planning may not be a top priority for many business owners, but the failure to establish and follow sound governance principles, and to consider the “what-if’s,” may be disastrous even for a successful and profitable enterprise. Failing to observe corporate formalities may result in a loss of the protection of the corporate entity, thereby allowing a creditor to take a business owner’s personal assets in order to satisfy a corporate liability. Life changes such as death, disability, divorce, bankruptcy, and fundamental disagreements may adversely impact an otherwise successful enterprise. However, planning for these events can help ensure that value continues to grow despite major changes in the lives of the business owners. This article presents issues to consider to maintain the protections of the corporate form, and to plan for the future life of the business after the existing owners are no longer active. JANUARY, 2015

A. Corporate Maintenance The principles of corporate separateness apply to both corporations and limited liability companies. A court analyzing whether to pierce the corporate veil and disregard an entity will look at a variety of factors. Observing what may seem to be superfluous requirements helps to ensure the integrity of the corporate form. Otherwise, a creditor may argue that the corporation should be disregarded because it was merely an extension of the owner. If a creditor presents sufficient evidence, a court may disregard the corporate form and allow the creditor to pursue the owner’s personal assets to satisfy a claim against the corporation. The following factors are part, but do not constitute all, of a court’s typical veil-piercing inquiry: 1. Bylaws or Operating Agreement. In Massachusetts, corporations are required to adopt bylaws. continued on page 29

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Legal Corner continued from page 27

Strict adherence to corporate maintenance will help protect an entity from creditors who seek to disregard the corporate form and reach the assets of individual owners.

Bylaws provide the fundamental governance principles for the corporation, such as election of officers and directors and the manner in which meetings must be conducted. For LLCs, a written operating agreement is not required by statute. However, having a short operating agreement is advisable for a single member LLC, and multi-member LLCs should adopt a comprehensive operating agreement to set forth the rights and obligations with respect to the LLC’s governance and financial affairs. Strict adherence to corporate maintenance will 2. Annual Meeting Minutes. Corporations are required to have annual meetings of shareholders help protect an entity from creditors who seek to disand directors, or to execute written consents in lieu regard the corporate form and reach the assets of inof such meetings. The shareholders should elect dividual owners. Annual minutes should be prepared the Board of Directors annually, and the Directors at the same time the entity files its annual report with should annually confirm the corporation’s slate of the Secretary of State. The daily operations of the officers. This applies even to corporations with a entity should be reviewed to make sure that the entity single owner and director. Under Massachusetts is not commingling assets with affiliates or its owner. law, limited liability companies are not required to B. Succession Planning hold annual meetings or have annual elections. Business owners often dread the “what happens 3. Bank Accounts and Intermingled Assets. The when” discussions. However, prudent management manner in which a corporation or LLC handles its requires consideration of, and planning for, life changassets is a frequent issue in veil piercing cases. Eves. The security of the business and its employees deery operating entity should have its own tax identipend on advance planning for transition events. fication number and bank account. All payments to 1. Adopt a succession plan. A succession plan and from the entity should be directed to and from provides a roadmap for the management of a the entity’s own account. If affiliated companies company. It should identify key management poshare the same premises or administrative staff, sitions and the qualifications needed in each posithey should enter into a shared services agreement tion. The succession plan should also specify who to account for the services being provided by one is in charge if someone dies or becomes incapacientity for the benefit of the other. Similarly, loans tated (even temporarily). from one affiliate to another, or from the individual owner(s), should be documented and include comcontinued on page 31 mercially reasonable terms, including the payment of interest which should be at a rate no less than the Applicable Federal Rate to prevent unnecessary tax Call Your Nearest GENALCO Warehouse complications. For These Supplies HYDRAULIC GRADE 8 STROBE LIGHTS 4. Insufficient Capitalization. If OIL NUTS & BOLTS WEATHER CAPS the entity does not have sufAIR CLEANERS ficient assets to conduct its GREASE FITTINGS BUCKET TEETH ordinary course business opHYDRAULIC HOSE BUCKET LIPS erations and pay its debts as EQUIPMENT PAINT they come due, the argument BUCKETS may be made that the entity is CUTTING EDGES CHAIN a mere extension of its owner. SLINGS Similarly, if the owner distribBACKUP BELLS AIR, OIL & FUEL utes all the cash from the entity AND ALARMS FILTERS EXTREME ROTARY PRESSURE GREASE for personal benefit, leaving the ASPHALT CUTTERS entity with insufficient capital, a GENALCO inc. 1-877-436-2526 creditor may convince a court to 55 years of service to New England Industry Needham Heights, MA So. Boston, MA Springfield, MA West Haven, CT Warwick, RI follow the trail of money to the FAX 781-449-6643 FAX 617-268-1290 FAX 413-781-3771 FAX 203-934-2580 FAX 401-736-9769 personal assets of the owner.

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JANUARY, 2015

Legal Corner continued from page 29 2. Adopt a shareholders’ or operating agreement. A shareholders’ agreement (for a corporation) or operating agreement (for an LLC) is a contract among the owners of the business. A variety of issues may be addressed in these agreements, including the ability to transfer shares, the manner in which the owners will address an offer for the business, and the manner in which the owners propose to address major events, such as death, divorce, disability, and retirement. Owners should discuss these issues prior to forming the entity. Owners may have different ideas about the ability to bring children into the business, or to have a spouse become active in the business after the death or disability of his or her spouse. Advance planning may avoid conflict after the business is operating. However, even established businesses will benefit from a thorough consideration of issues regarding the ownership and management of the business. a. What if a Shareholder wants to sell and exit the business? Shareholders typically restrict the persons to whom a shareholder may transfer his or her shares. In a small, closely held business, shareholders should have some control over their business

partners. As a result, a shareholders’ agreement can restrict the persons to whom shares may be transferred (so that one owner doesn’t transfer shares to a competitor, or to someone who doesn’t get along with the remaining owners). Owners sometimes agree to a complete ban on the transfer of ownership interests. More commonly, owners will agree to transfers to trusts for estate planning purposes, provided that the owner maintains voting control over the shares in trust. Owners may also decide that transfers to children or spouses are acceptable. Alternatively, an owner may be required to first offer his or her interests for sale to the other owners (or the company itself) before he or she may transfer them to a third party. b. What if a Shareholder gets Divorced or Files for Bankruptcy? An unexpected event, such as divorce, bankruptcy or an adverse judgment, may result in a court order which requires an owner to transfer his interests in a business to an ex-spouse as part of a divorce settlement, to the highest bidder as part of a bankruptcy proceeding, or to a judgment creditor if the owner is not successful in litigation. A company can guard against these involuntary transfers by providing for these events in a shareholders’ or operating agreement. While courts are not guaranteed to follow the governing documents of an continued on page 33

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Legal Corner continued from page 31 entity, having a provision in a shareholders’ agreement or operating agreement requiring the company or remaining owners to purchase the shares may be a solution to prevent the business from being forced to accept new partners. In the case of an involuntary transfer, the business will be valued at fair market value, and the remaining owners will be required to pay full value to maintain control over the interests which would otherwise be transferred. Further, payment over time may not be acceptable because a court typically will order immediate payment to the judgment creditor. However, the ability to invoke a buy-out provision and prevent unwanted owners is an important right which business owners should have available. Otherwise, an ex-spouse or judgment creditor may acquire the rights of a shareholder and make decisions about the running of the business. c. What if a Shareholder Dies? In a business with multiple owners, a cross-purchase provision is a way to protect the existing owners from having new partners come into the business in the event one owner dies. In a typical cross-purchase, the remaining owners agree to purchase the ownership interest of a partner who has died or become disabled. As a result, the deceased owner’s shares do not pass to his family, but rather, the family receives the value of the shares. A cross-purchase may be funded by life insurance policies which the company or other owners maintain on each owner of the business. The company or remaining owners may have the ability to pay the purchase price over time, and the parties typically agree on the manner in which the business will be valued for purpose of the cross-purchase. A cross-purchase works in situations where the surviving family members prefer to receive the value of the business rather than an interest in the business itself. The company or owners must be able to maintain sufficient life insurance to fund the buy-out, and the value of the business should be reviewed every few years to adjust for changes in value. Cross-purchases are less desirable where the value of the business makes sufficient life insurance impracticable. If the purchase price has to be paid over time, then the deceased owner’s family bears the risk of the future success of the business, but the family may have no continuing role in the business and/or no experience to assist the remaining owners. Finally, the cross-purchase means that one owner’s family is no longer involved in the business, such that it is not an option for legacy-building. d. What if an Owner Retires? A retired owner continues to own shares or interests in a business. The disposition of the shares should be part of an

JANUARY, 2015

overall estate plan which takes into account the value of the shares, the involvement of the next generation, and the need for cash to support the owner or the owner’s family throughout retirement. In some instances, the sale of the business, whether to the remaining partners, to key employees or to a third party buyer, may capture the value of the business at a high point while providing liquidity to the owner and his family. 3. Be realistic about expectations. Business owners often want to treat their children equally by bequeathing equal shares of the business to each child, but this may not be in the best interest of the business. Some owners recapitalize the company with voting and non-voting shares, with the voting shares going to any children who are active in the business to maintain clear control. The inactive siblings receive non-voting shares so that they continue to share in the economic benefit of the business, but they do not have a vote over business policies or activities. Alternatively, interests in the business may be passed only to the children who are active in the business, while the inactive children receive an equalizing share of the owner’s other, non-business assets. Jennifer Doran is a Partner in Hinckley Allen, LLP’s Corporate and Business Group. n

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OSHA’s Most Frequently Cited Standards for FY2014 (October 1, 2013 to September 30, 2014)

he U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has recently announced their top 10 most frequently cited standards for FY2014. All employers and safety managers should use this list as a guide to evaluate their own safety programs and their current worksites. The top three violations in 2013, Fall Protection, Hazard Communication, and Scaffolding repeat again in 2014. The top 10 violations resulted in nearly 40,000 citations nationwide. Approximately 75 percent of those citations were deemed “serious”. A “serious” violation is defined by OSHA as “one in which there is substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.”

JANUARY, 2015

Approximately 1 percent of the violations resulted in “willful” citations, which OSHA defines as one “committed with an intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act and its requirements.” Excavation contractors can take some pride in their continuing safety efforts as the industry did not make the Top 10 “Most Cited Violations” list for the fifth year in a row. Excavations (1926.652), however, did rank seventh in the “willful” category with 28 citations in 2014, out of the nearly 400 total issued. The top 10 most frequently cited standards for FY2014 are listed on pages 36-37. Visit OSHA’s website for more information. continued on page 36

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OSHA’s Most Frequently Cited Standards for FY 2014 (*Data current as of 10/28/14)

Fall Protection (1926.501)

Hazard Communication (1910.1200)

Scaffolding

Lack of fall protection has been a leading offender for several years. Common mistakes under this standard include failing to provide fall protection to employees working at heights, unprotected sides and edges, failing to use fall protection equipment correctly, and failing to provide protection from falling objects. In many cases, a fall protection program is completely nonexistent. Roofing and framing contractors, as well as single-family residential construction employers, are frequent violators of the fall protection standard. Common hazard communication mistakes include failing to have a written program, failing to have safety data sheets (SDSs) for each chemical in the workplace, labeling mistakes, lack of employee training, and failing to provide employees with information on the hazards of the chemicals in the workplace. Significantly, Kapust commented that the 2012 changes to the hazard communication standard did not correspond to a significant number of violations; rather, most HazCom violations deal with much more basic mistakes that would also have been violations under the previous version of the standard.

Citations under the construction industry scaffolding standard often stem from scaffolds that are not fully planked, a lack of portable or hook ladders to access scaffold platforms, loading scaffolds in excess of their capacity, and failing to protect employees from fall hazards on scaffolds.

(1926.451)

Respiratory Protection

Lack of a written program is the most commonly cited part of the respiratory protection standard. Other common mistakes include not performing a medical evaluation on employees who must wear respirators, failing to select and provide a respirator appropriate for the activity, failing to conduct fit testing, and failing to train employees.

(1910.134)

Powered Industrial Trucks

Lack of operator training is the most common pitfall under this standard. Other common mistakes include forklifts that are not in safe operating condition and modifications and additions that are not approved by the forklift manufacturer. Industries that frequently violate this standard include warehousing and storage and machine shops.

(1910.178)

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JANUARY, 2015

Many citations are issues under the lockout/tagout standard for the complete lack of a hazardous energy control program. Other common mistakes include failing to apply locks and tags as necessary and failing to remove unauthorized employees from the area during equipment service and maintenance. Notably, Kapust mentioned that lack of training was not one of the most frequently cited parts of the standard, which he attributed to the fact that employers who fail to provide training often lack a lockout/ tagout program altogether and thus would be cited for that instead.

Lockout/ Tagout (1910.147)

Common ladder hazards include using a ladder not designed for the load it is carrying, using extension ladders that do not provide enough overhang at the top to ensure stability, and using an inappropriate type of ladder for the job.

Ladders

(1926.1053)

Citations under this standard often occur when flexible cords are used in place of fixed wiring, conductors enter boxes unprotected, employees are exposed to live contacts, and circuit boxes are not designed to prevent moisture from entering.

ElectricalWiring Methods (1910.305)

To prevent machine guarding violations, employers should make sure to guard point of operation hazards, ingoing nip points, blades, rotating parts, and any other part of the machinery that may pose a hazard. Make sure that guards remain in place and are not removed by employees.

Machine Guarding

(1910.212)

This standard covers general safety requirements for designing electrical systems. To prevent these citations, employers should ensure that qualified and unqualified workers are appropriately trained for their job tasks to avoid electric shock and electrocution.

ElectricalGeneral Requirements (1910.303)

JANUARY, 2015

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JANUARY, 2015

New Reporting Requirements Effective January 1, 2015

eginning January 1, 2015, there was a change to what covered employers are required to report to the Occupational Safety and Health Administration. Employers will now be required to report all work-related fatalities within 8 hours and all in-patient hospitalizations, amputations, and losses of an eye within 24 hours of finding out about the incident. Previously, employers were required to report all workplace fatalities and when three or more workers were hospitalized in the same incident. The updated reporting requirements have a life-saving purpose: they will enable employers and workers to prevent future injuries by identifying and eliminating the most serious workplace hazards.

Employers have three options for reporting these severe incidents to OSHA. They can call their nearest area office during normal business hours, call the 24-hour OSHA hotline at 1-800-321-OSHA (1800-321-6742), or they will be able to report online at www.osha.gov/report_online. For more information and resources, visit OSHA's Web page on the updated reporting requirements and watch OSHA’s new YouTube video, where Dr. David Michaels, assistant secretary of labor for occupational safety and health, explains the new reporting requirements. To read more about the new Reporting Requirements, please see the article published in the October 2014 issue of Construction Outlook which can be found on UCANE’s website. n

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This month’s article was submitted by: John Berksza, Easter n Insurance Group, LLC

Dump Truck Safety Operations There are many vehicles utilized at the construction site that require specific safety precautions due to their unique nature. Dump trucks are no exception. As a driver, safety needs to be your number one priority. Follow these do’s and dont’s when it comes to working safely. Dump Truck Do’s • Do make sure the ground is stable before raising the truck bed. The truck becomes less stable as the bed rises, and the greater the bed’s length, the greater the chances of it tipping over, especially if the ground is not level. Unload on compacted soil or gravel when possible. • Do make sure the load’s center of gravity stays between the frame rails of the bed as it rises. Even low tire pressure on one side or small ground depressions can throw off this balance. Learning to evenly distribute the load throughout the bed is a good way to mitigate this hazard. • Do ensure that the truck bed always has a liner to guarantee the even, continuous flow of materials. This protects against an unbalanced load and is especially important when dealing with wet or frozen material that may stick to the bed. If your truck’s bed is damaged, contact your supervisor. • Do make sure the tractor and trailer are in as straight a line as possible. Jack-knifed alignments can cause unsafe situations for the truck and surrounding workers if the trailer does tip. • Do keep up with daily maintenance of the truck. Checking tire pressure, inspecting the suspension systems/hydraulic lift cylinders, and regularly lubricating pins and bushings will ensure smooth operation, as well as the safety of you and your co-workers.

JANUARY, 2015

• Do become trained in how to use hand signals or warning signs for two-person unloading operations.

Dump Truck Dont’s • Do not overload the dump bed. This is an unsafe practice and can cause problems in unloading, especially if the material flows poorly out of the bed. • Do not assume that a remote control device controlling the dump bed means it is safe to take unnecessary risks. Drivers should still follow all safety guidelines even if a remote control makes it easier to maneuver the truck bed. • Do not allow any vehicles or people in the area when unloading the truck. Clear an area if necessary to ensure the conditions are proper for dumping the bed. • Do not drive with the bed raised. It is important to understand the dangers of this activity. For example, you could run into an overhead power line, electrocuting yourself and anyone else in the vehicle. • Do not work between the bed and the frame without blocking the dump bed. The bed can unexpectedly lower onto the person below.

Following the dos and dont’s of using dump trucks will help ensure the safety of yourself and everyone else at the site. n

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UCANE’s Fourth Annual Appreciation Night Trade Show Prior to our Annual Forecast Dinner Meeting

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.

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2015 Scholarship Applications Now Available UCANE to Award Twelve $2,000 Scholarships WHO MAY APPLY? Any high school student who is the son or daughter of a UCANE member or an employee of a member who will be enrolling full time in an accredited four year academic institution for the year beginning in September 2015. 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, 2015.

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

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MMA Presents 3 Resolutions to Members at Annual Business Meeting At the MMA Annual Business Meeting on January 24, members will consider resolutions on local aid, funding for municipal infrastructure maintenance, and employee benefits. Each resolution was drafted by an MMA policy committee during the fall and approved by the MMA Board of Directors on November 12. One of the resolutions proposed by the MMA’s Policy Committee on Energy and the Environment and the MMA’s Policy Committee on Public Works, Transportation and Public Utilities which is of particular interest to UCANE members is as follows: Resolution Relative to Investments in Municipal Capital Projects to Facilitate Economic Growth and Protect the Health and Safety of Citizens, Whereas, a modern and sustainable transportation system, investments in clean water and in all other capital assets of local government are essential for economic growth and a high quality of life in Massachusetts; and Whereas, public construction and investment are a vital source of jobs, with estimates showing that every $1 billion spent by federal, state and local governments creates or supports nearly 28,000 jobs; and Whereas, the Massachusetts Transportation Finance Commission determined that there is a transportation funding deficit of approximately $20 billion over the next two decades, including a $1 billion gap in the Chapter 90 program; and Whereas, funding for Chapter 90 has not kept pace with increases in the cost of materials and labor, as evidenced by a MMA survey of cities and towns that determined that the actual need for the Chapter 90 program is more than $562 million a year; and Whereas, the Massachusetts Water Infrastruc-

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ture Finance Commission estimated that there is a $20 billion gap between current resources and the actual amount needed to maintain and repair our existing water and wastewater infrastructure over the next 20 years, in addition to an $18 billion funding gap in the amount needed to comply with proposed federal stormwater regulations; and Whereas, the cities and towns of Massachusetts are national leaders as environmental stewards, embracing renewable energy, protecting and preserving land and natural resources, and providing safe, clean and affordable drinking water, wastewater and stormwater management systems; and Whereas, cities and towns would increase capital investments and pursue projects more quickly and with greater innovation, but are frequently stymied by state and federal regulations and rules that impose additional requirements and costs, often based on incomplete scientific analysis and review, without any additional appropriations; and Whereas, cities and towns in Massachusetts continued on page 48

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MMA continued from page 47 must receive increased resources and revenues from the state and federal governments in order to maintain their local public infrastructure in sustainable condition; and Whereas, the MMA has been a leading member of a statewide coalition of key stakeholders working to educate the public and state regarding the infrastructure needs of the Commonwealth; Therefore, in order to expand local and regional economies, build and maintain local roads and bridges, protect the public health and safety, and preserve our educational and cultural resources, it is hereby resolved by the members of the Massachusetts Municipal Association as follows: • The MMA shall continue its leadership role in advocating for municipal capital construction and maintenance programs as necessary elements to grow the Massachusetts economy in all parts of the state and protect the safety and health of residents of the Commonwealth; • The Governor and the Legislature should use bond authorizations and the state’s capital spending plan to help cities and towns fund essential capital projects that support a modern economy

and vibrant communities across the Commonwealth, including roads and bridges, drinking water, wastewater and stormwater systems, schools, libraries and cultural facilities, high-speed Internet access, and public safety facilities and equipment; • The Governor should file early in 2015 and the Legislature should approve a multi-year local government transportation bond bill with at least $300 million in annual Chapter 90 local road fund authorizations, indexed to grow annually with inflation, with 100 percent of those funds released to cities and towns by the Governor in a timely manner each year; • Recognizing that transportation investments are vital to our nation’s economic recovery, Congress and the President should prioritize the formulation and passage of a long-term surface transportation bill of at least five years that includes competitive grant funding opportunities that are directly accessible to municipalities; • The Governor should request and the Legislature should fund the full $138 million capital assistance line item for the Clean Water Trust to provide the additional level of loans and other assistance for water projects approved as part of the 2014 water infrastructure finance act; continued on page 49

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MMA continued from page 48 • The Governor should file and the Legislature should enact a local government environmental bond bill with at least $200 million annually in grants to fund drinking water, wastewater and stormwater infrastructure improvements, as recommended by the Water Infrastructure Finance Commission; • The state Legislature, the Governor, the Commonwealth’s administrative agencies, the U.S. Congress, the President, and federal agencies should commit to a cooperative partnership with municipalities by reducing regulatory reviews and financial approval processes, and should reject all proposals that would impose unfunded mandates and undermine this partnership; • The Governor should include support for local economic development initiatives in all parts of the state in the state’s capital spending plan, including loans and grants through the Brownfields Redevelopment Fund, bond authorizations through the MassWorks Infrastructure program, as well as support for tax credits through the Historic Rehabilitation Tax Credit program; • The Governor should request and the Legislature should approve lifting the public net metering cap and ensure the continuation of solar renewable

energy credits to allow municipal renewable energy projects to advance, giving cities and towns the capacity to continue to build a statewide renewable energy infrastructure that is among the strongest in the nation; • The Governor should, in close cooperation with municipalities and related groups, include development of the “last mile” high-speed Internet access for un-served and underserved areas of the Commonwealth in the state’s capital spending plan using the full amount included in the 2014 Information Technology (IT) Bond Act, and state leaders should assure the authority of municipalities to provide telecommunication services at their local option; • State leaders should continue to support adequate resources for the Massachusetts School Building Authority, and include funding for libraries and other cultural facility capital projects in the state’s capital spending plan; and Be it further resolved that a copy of this resolution shall be presented to the Governor, the members of the Massachusetts Legislature, the members of the Massachusetts Congressional Delegation, and the President of the United States on behalf of the cities and towns of the Commonwealth. continued on page 50

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MMA continued from page 49

EPA Extends Comment Period on Proposed MS4 Rules

he U.S. EPA has confirmed that it is extending the comment period on proposed municipal stormwater system rules through at least January 29. The exact length of the extension has not been announced. In a December 17 letter to the EPA, the MMA requested a 90-day extension, citing the complexity of the proposed rules. “It is clear that this very detailed document will require additional review and analysis beyond the current December 29, 2014, due date,” wrote MMA Executive Director Geoff Beckwith. “This additional time would allow our communities to identify the full impact of the proposed regulations, and more effectively comment on behalf of the public.” On September 30, the EPA issued a draft National Pollutant Discharge Elimination System general permit for stormwater discharges from small municipal separate storm sewer systems (MS4) in Massachusetts. The federal Clean Water Act requires that the MS4 permit be re-evaluated every five years to en-

sure that it continues to protect the environment. The previous permit was issued in 2003. Municipal storm sewer systems collect rain and snowmelt from streets and direct the flow to water bodies. The new MS4 permits would require communities to institute more advanced programs to reduce pollutants that are discharged from municipal storm drainage systems to rivers, lakes and bays. The proposed rules include “best management practices,” such as removing illegal sewage connections to storm drains, street sweeping, public education, and steps to expand the filtration of stormwater rather than diverting it into sewer systems. The MMA and municipal officials have raised concerns about the cost burden of the new regulations. Communities are advised to review the draft permit and file written comments with the EPA. For more information, visit www.epa.gov/region1/ npdes/stormwater. Written by MMA Senior Legislative Analyst Tom Philbin. n

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IN THIS ISSUE: • Create a Personal Cash Flow Statement • Tax-Free Roth IRA Conversions • New Year’s Resolutions for Business Owners

Smart Tax, Business & Planning Ideas from

Create a Personal Cash Flow Statement Create a Personal Cash Flow Statement

s the year begins, this can be an excellent time to review your financial circumstances. You can look back at 2014 and see how much money came in and where it went during the year without adjusting for seasonal variations. The knowledge you’ll obtain by creating a personal cash flow statement can help you make realistic financial plans for 2015. (If you’re married or cohabiting, you can use this technique to create a household financial statement.) Tabulating Income

Begin the process by adding up all the spendable cash that came in during 2014. Typically, that information can be found in the monthly statements from your checking account or accounts. If you haven’t kept all the monthly statements, or if you don’t feel like juggling all the papers, you probably can retrieve all of last year’s statements online from your bank’s website. If you are an employee, you probably have your paychecks (after various deductions) deposited directly into such an account; if you are retired, your Social Security checks (after Medicare deductions) go there, along with any pension you’re receiving. Self-employment income and investment income paid by checks also will show up as deposits, as well as transfers from investment or savings accounts. Generally, only cash income (payments in currency) won’t show up in a statement from a bank or investment account. If you do receive meaningful

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haven’t kep statements like jugglin you probab of last year from your If you a probably h (after vario deposited d an account your Socia amounts of cash regularly, you should have some As theofyear canyou’ll be anneed records(after Medicare deduc idea the begins, total. Inthis fact, in case excellent time to review your financial along with the IRS questions how much cash you’ve received any pensio circumstances. You can back at 2014 Self-employment inco from working during thelook year. and see howyou’ve much money cameallin the and incomeincome paid by check Once calculated you’ve where it went during the year without up as deposits, as well received, make any necessary adjustments. Subadjusting for seasonal investment tract inflows not likelyvariations. to occur The again in 2015, such or savings as exceptional bequests, asset so knowledge you’llgifts, obtain by creating a sales, and Generally, only cas on. Altogether, you’ll have ancan idea of how much cash in currenc personal cash flow statement help (payments flowmake you can expect in 2015, raising the from a ba you realistic financial plans for or lowering a statement number to keep up with current circumstances, such 2015. (If you’re married or cohabiting, account. If you do rec as a higher salary this year. you can use this technique to create a amounts of cash regu Tracking Your Outlays household financial statement.) have some idea of the needshow records in case t Your checking account statements also will Tabulating income how much how much you’ve spent during the year: checks you cash you’v wrote,the bills you paid automatically, checksduring the ye Begin process by adding up all thepersonalworking that you cashed for spending money. Be sure to in-you’ve calcul spendable cash that came in during 2014. Once clude your debit card or ATM withdrawals in the monTypically, that information can be found you’ve received, make ey you spent during 2014, even if they are linked to in the monthly statements from your adjustments. Subtract an account other than your regular checking account. checking account or accounts. If you likely to occur again i continued on page 54

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Financial Management continued from page 53 To complete the picture of what you spent during the year, request annual statements from your credit card companies. If your credit card bills are not on autopay and you’ve paid less than the total balance, you may have increased your outstanding debt during the year. Credit cards usually charge double digit interest rates, and the interest you pay is not tax deductible, so paying down any balances (or converting to deductible home equity debt) probably should be a top financial priority for the year.

Focus on the Future Once you have calculated your cash flow from last year and the amount you spent, you can make certain plans for 2015. Example 1: Steve and Sue Smith had $150,000 of cash flow last year and $130,000 of expenses. The Smiths contributed a total of $2,000 a month to their 401(k) plans in 2014, or $24,000 in all. Going over their cash flow, the Smiths see they’ll be able to increase their retirement savings by $20,000 in 2015 without crimping their lifestyle. They plan to boost their 401(k) salary deferrals this year. On the other hand, this procedure can be valuable to show you that a cutback is necessary, and where to trim.

Example 2: Jim and Joan Jackson also had $150,000 of cash flow but they spent $170,000 last year, in addition to adding to their credit card balances. Going over their cancelled checks and their annual credit card summaries, the Jacksons were surprised to learn how much they spent on dining out and online merchandise purchases. They decide to rein in all their outlays, especially in those areas, and pay down their credit card balances. Creating a personal or household cash flow statement can start your year off with a greater grasp of your finances. In addition, this exercise is an excellent way to begin gathering the data you need to prepare for your 2014 tax return. continued on page 55

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Financial Management continued from page 54

Tax-Free Roth IRA Conversions

oving money from a tax deferred retirement account to a potentially tax-free Roth IRA usually will trigger income tax. That won’t always be the case, though, thanks to recent IRS announcements. Some examples show how this can work.

Example 1: Nancy Martin has participated in her company’s 401(k) plan for many years. She typically has made maximum pretax contributions to the plan. Nancy’s company allows employees to make additional aftertax contributions (many employers do), which she has done. Nancy decides to leave the company at a time when she has $600,000 in the 401(k), including $100,000 from aftertax contributions. Thanks to an IRS notice published in September (IRS Notice 2014-54), Nancy can have her plan administrator transfer $100,000 of aftertax money to a Roth IRA. Because this is aftertax money, Nancy won’t owe tax on the transfer. Inside her Roth IRA, untaxed growth can continue.

Once Nancy has met the five year and age 591⁄2 requirements, she can withdraw as much or as little from the Roth IRA as she wishes without owing any tax. In order to qualify for this tax treatment, Nancy’s Roth IRA transfer must be part of a distribution to two or more retirement accounts. Thus, she can send $100,000 to a Roth IRA and the other $500,000 to a traditional IRA. Nancy won’t owe any tax on these transfers. However, her $500,000 traditional IRA (and any future earnings) will remain pretax. Nancy will owe tax on any withdrawals from that traditional IRA or any future conversion to a Roth IRA. Beyond 401(k)s, this strategy can be executed by taxpayers with aftertax money in other types of employer sponsored qualified plans.

IRA Implications What if Nancy already had rolled her $600,000 to a traditional IRA? In that case, any distributions from that account—including those for a Roth IRA conversion—would be considered a mix of aftertax and pretax money. If Nancy had $600,000 in a traditional continued on page 57

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Financial Management continued from page 55 IRA, with $100,000 of aftertax money, for instance, a $150,000 Roth IRA conversion would be considered $125,000 (5/6) taxable and $25,000 (1/6) untaxed. Nevertheless, there can be a way to execute a tax-free Roth conversion in that situation. Example 2: Assume that Nancy leaves the company and rolls her $600,000 401(k) balance to a traditional IRA. Currently, that IRA has the same balance, including $100,000 of aftertax money. Nancy has just accepted a new job with a company that sponsors a 401(k) plan for its employees. In this situation, Nancy can roll her $500,000 of pretax money into the new company’s 401(k) plan and then convert the aftertax $100,000 to a Roth IRA. Again, she’ll owe no tax on either move and she’ll have $100,000 in a potentially tax-free Roth IRA. That tactic has been possible in the past but not always practical: many employer plan administrators were reluctant to accept such rollovers from IRAs into a company retirement plan because the IRS had not explained how such transactions should be handled. That changed last year when the IRS published Revenue Ruling 2014-9, setting out the ground rules. Now, Nancy can have the custodian of her traditional IRA transfer up to $500,000 of her pretax money to

Trusted Advice Roth IRA Rules • Contributions to a Roth IRA are not taxdeductible. • Qualified distributions are tax-free. Such distributions are made on or after the date you reach age 591⁄ 2, if 5 years have passed since your first Roth IRA contribution. • Workers and their spouses can make contributions to a Roth IRA even after reaching age 701⁄ 2. There are income limits for Roth IRA contributions. • Account owners can leave amounts in a Roth IRA as long as they live with no required distributions. the new company’s plan. Nancy also has to submit a statement to the administrator of the new plan, certifying that this rollover is all pretax money. Following Rev. Rul. 2014-9, company plans are likely to accept such rollovers from traditional IRAs. continued on page 58

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Financial Management continued from page 57

to lose weight and revisit their insurance coverages during 2015. However, you probably should make (and implement) a separate set of resolutions to help your company prosper this year. Here are some suggestions you can consider:

New Year’s Resolutions for Business Owners

ike anyone else, business owners can begin the New Year by vowing to lose weight and revisit their insurance coverages during 2015. However, you probably should make (and implement) a separate set of resolutions to help your company prosper this year. Here are some suggestions you can consider: • Turn over your paperwork. Finish your financial statements and related supporting materials from 2014. Make hard copies of online files and store them where they’ll be accessible for tax return preparation. Be sure you can locate your 2014 appointment book, in order to substantiate business meetings, and that you have recorded odometer readings of vehicles that were used for business in 2014. Then start new files for your 2015 financials, travel, entertainment, and so on. • Follow through on the forms. In January, you’ll need to send W-2 forms to employees, reporting their wages, as well as Form 1099 to contractors and other recipients to whom you paid over $600 last year. If you use a payroll service, follow up to make sure it has the needed information; if you use a software program to track outside payments, pick up blank 1099 forms at an office supply store for printing the documents you must send. • Execute a buy-sell agreement. If you don’t already have a formal buy-sell in place, work on getting it done in 2015. Without a buysell, your family may not get full value for your stake in the company in case of your death or disability. • Update your buy-sell. A buy-sell often will set a price for the buyout, or a method for arriving at an acceptable amount. If you already have a buy-sell in place, check on the stated price and revise it, if necessary. • Hold meetings. If you operate your business as a corporation, you may be required to hold directors’ and shareholders’ meetings at least annually. The beginning of the year can be an excellent time to hold such meetings, to set formal plans for 2015. At these meetings, you can update bylaws, cover buy-sell agreements, and

and relat from 201 online fil they’ll be preparati locate yo book, in business have reco of vehicle business Then s your 201 entertain • Follow th January, y forms to their wag to contra to whom

generally take care of business. Make sure the meeting’s discussions are well-documented and a record is entered into your corporate minutes. If relevant, hold your directors’ meeting first, so you’ll be prepared to answer questions at the shareholders’ meeting. In any event, you also might want to hold a meeting for employees, continued on page 59

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Financial Management continued from page 58 to tell them your plans for the year ahead and boost their enthusiasm. • Review your website. Change all 2014 references to 2015. Remove any references to year-end holidays and replace with more timely materials. Go over all the content on your site, from personnel bios to company news, to be sure everything is up to date. • Scrutinize your social media presence. Savvy participation can be a key to future growth. Do you have accounts at the major networks as well as those that are gaining ground? Do your website and marketing materials reflect those connections? You might want to have young employees (or the teenage children of older ones) evaluate your efforts there and make suggestions. On a related topic, does your company offer products or services that are evaluated on third-party websites? If so, you might want to assign an employee or hire a contractor to monitor such sites and see what people are saying about your firm. Any negative comments can be addressed by online responses and by in-house attention to any revealed problems. Reprinted from CPA Client Bulletin. n

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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

Equal Opportunity/Affirmative Action Employer

Advertisers’ Index ATS Equipment, Inc. ...........................................................18 Allied Recycling Center, Inc............................................... 24 American Shoring, Inc..................................... Ins. Back Cvr. Boro Sand & Stone Corp......................................................52 Dennis K. Burke, Inc............................................................16 Concrete Systems, Inc..........................................................14 Dagle Electrical Construction, Corp....................................26 Darmody, Merlino & Co., LLP............................................17 DeSanctis Insurance Agency, Inc. .......................................48 Dig Safe System, Inc............................................................11 The Driscoll Agency ............................................................20 EJ......................................................................................... 44 Eastern Pipe Service, LLC...................................................52 Eastern States Insurance Agency, Inc..................................57 T. L. Edwards, Inc................................................................17 Ferguson Waterworks...........................................................54 Foley Carrier Services, LLC................................................51 Geod Consulting, Inc............................................................15 Genalco, Inc..........................................................................29 L. Guerini Group, Inc...........................................................59 HD Supply Waterworks..........................................................2 A. H. Harris & Sons, Inc. ....................................................56 Hinckley Allen, LLP............................................................12 P. J. Keating Company............................................................8 P. A. Landers, Inc.................................................................25 Lawrence-Lynch Corp..........................................................59 Lorusso Corp........................................................................49 Lorusso Heavy Equipment, LLC.........................................30 Mabey, Inc............................................................................31 Mass Broken Stone Company.................................................5 Milton CAT.............................................................................6 Norfolk Power Equipment, Inc.............................................49 North East Shoring Equipment, LLC...................................50 NorthStar Insurance Services, Inc.......................................28 Ocean State Oil.....................................................................51 Our Outhouses, Inc...............................................................33 Palmer Paving Corporation..................................................13 E. H. Perkins Construction Co., Inc.................................... 60 Podgurski Corp.....................................................................56 E. J. Prescott, Inc..............................................Ins. Front Cvr. Rain For Rent-New England.................................................38 Read Custom Soils ...............................................................15 Rodman Ford Sales, Inc........................................................10 Rogers & Gray Insurance Agency, Inc.................................34 Schmidt Equipment, Inc.......................................... Back Cvr. The Scituate Companies.......................................................32 Scrap-It, Inc............................................................................4 Shea Concrete Products........................................................42 Smith Print............................................................................56 Starkweather & Shepley Ins. Brokerage, Inc.......................39 Systems Support Corporation...............................................55 Taylor Oil Company...............................................................9 Ti-SALES, Inc. ....................................................................58 Albert J. Tonry & Co., Inc....................................................52 United Concrete Products, Inc. ..............................................7 United Rentals Trench Safety.............................................. 46 C. N. Wood Co., Inc. ........................................................... 40 Woodco Machinery, Inc.......................................................22

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JANUARY, 2015

from Design to Delivery American Shoring is the Leader in High Quality, ModularTrench Shoring A complete line of heavy duty and light weight aluminum or steel trench shoring is available for all your needs. Our staff is waiting for your call with professional advice to recommend the best specific product for your project. Field service support and supervision available with on site assembly and take down. Inquire about our Competent Person, Confined Space & OSHA 10 training classes. All systems are manufactured in the USA.

207 Lake Street, Newburgh, NY 12550

1.800.407.4674 www.americanshoring.com E-Mail us at

sales@americanshoring.com In New England

SALES • RENTALS • SERVICE REPAIRS • TRADE-INS RECERTIFICATION

American Shoring of Massachusetts, Inc.

226 Cherry Street Shrewsbury, Mass 01545

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

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

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