Construction Outlook January 2016 by Ucane

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

JANUARY, 2016

OSHA’s

Most Frequently Violated Standards for FY2015

UCANE Interview

Senator Joan Lovely (D-Salem)

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IN THIS ISSUE

OFFICERS President JOHN OUR

Robert B. Our Co., Inc.

President-Elect PAUL SCENNA

Albanese D&S, Inc.

Treasurer RICHARD PACELLA, JR. R. M. Pacella, Inc.

Secretary MARCELLA ALBANESE

Albanese Brothers, Inc.

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

JOHN BERKSZA

Eastern Insurance Group, LLC

NICK BIELLO

J. D’Amico, Inc.

TONY BORRELLI

Celco Construction Corp.

GERRY CARNEY, JR.

C. N. Wood Co., Inc.

KEVIN COLE

J. F. White Contracting Co.

BRIAN COONEY

C. C. Construction, Inc.

JON D’ALLESSANDRO D’Allessandro Corp.

GREG FEENEY

Feeney Bros. Excavation, LLC

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

A. J. LORUSSO

Lorusso Heavy Equipment, LLC

AL MORTEO

FED. CORP.

JOSEPH PACELLA

RJV Construction Corp.

BRIAN RAWSTON

Jay Cashman, Inc.

PAUL A. UMBRO

Umbro & Sons Const. Corp.

CHRIS VALENTI

GVC Construction, Inc.

DAVID ZOPPO

R. Zoppo Corp.

PHIL JASSET

Honorary Board Member

ANNE KLAYMAN

Executive Director

3 President’s Message:

Looking Ahead to a Productive and Prosperous Year

5 Legislative Update:

• Second Year of Legislative Session Promises Action on Certain Bills; Water Infrastructure Advocates Continue to Push for Investment • Baker-Polito Administration Files Municipal Modernization Legislation • City of Cambridge Finishes Alewife Sewer Separation Project • Roy Named Commissioner of Massachusetts Department of Conservation and Recreation • Announcing RMV Improvements, Governor Baker Names Devaney Permanent Registrar

13 UCANE Interview:

Senator Joan Lovely, (D) Salem

19 Legal Corner:

General Bidders Who Also Submit Filed Sub-Bids Restricted to Themselves Cannot Hide Sub-Bid Costs in Their General Bids

22 Associate Member of the Month: Eastern Insurance Group, LLC

25 UCANE’s 5th Annual Appreciation Night Trade Show 27 OSHA’s Top 10 Most Frequently Violated Standards for FY2015 31 Spotlight on Cape Cod:

Wastewater Limitations Prove Troublesome to Economic Expansion in Buzzards Bay

37 Safety Corner:

Ground-Fault Protection for Construction Sites

41 UCANE’s 2016 Scholarship Applications Now Available 43 UCANE Members Work Together to Provide Rail Crossing Solution in Braintree 45 Massachusetts Municipal Association News 55 Financial Management:

• Deducting Taxes Paid • Deducting IRA Contributions • Going Outside to Sell Your Company

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Magazine Designer: Sherri Klayman Construction Outlook Chairman: John Our Editorial Board: John Our, Paul Scenna, Richard Pacella, Jr., and Marcella Albanese CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; Email: aklayman@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at 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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Looking Ahead to a Productive and Prosperous Year As the New Year begins, I am honored to take on the position of UCANE President and I would like to thank the membership for their vote of confidence. It has been a privilege for me to serve on the Board of Directors and I look forward to the opportunity to continue the work and progress made to help reach our goals.

would especially like to thank our immediate Past President, Tony Borrelli, for his leadership and commitment to UCANE this past year. I look forward to continuing to work with Tony and our Board to show our strength as an Association by increasing membership, and expanding our presence on Beacon Hill to present our issues directly to the Administration. I believe in this way we will get our message to the decision makers, and emphasize to them that upgrading our water and sewer infrastructure is a crucial component to Massachusetts’ economic development and vitality. Our number one priority for the upcoming year will be to advocate for increased funding for both wastewater and drinking water projects. While the state has maintained level funding for the Clean Water Trust (SRF funds) these past few years, it is not nearly sufficient to address the estimated $21 billion funding shortfall that Massachusetts faces over the next twenty years. Nationally, the funding shortfall is estimated to be between $400 billion and $600 billion, so it appears likely that federal assistance will be necessary to get the job done. We plan to work with our national lobby group, the Clean Water Construction Coalition (CWCC) to inform congressional members of the risks associated with further neglecting our aging infrastructure. On the state level, we are fortunate to have the strong leadership of Governor Charlie Baker and Lt. Governor Karyn Polito, who are both aware of the problem and have shown a willingness to listen to our industry’s concerns. However, we know that this Administration continues to deal with a structural deficit in the state budget. Therefore one of my primary goals will be to let them know that without additional investment, our state’s aging water and sewer infrastructure will continue to deteriorate… jeopardizing our citizens health and living conditions. We will also point out that additional investment in our underground infrastructure will result in a more robust employ-

JANUARY, 2016

ment with good paying jobs, a higher standard of living, and will also provide increased tax revenue for the state. Another issue that will continue to be discussed this year is Cape Cod’s water pollution problems. As a businessman and resident of the Cape, I am particularly interested in how individual towns will address their problems. This past year, significant progress was made as Governor Baker and the EPA approved the Section 208 plan, which requires the 15 towns comprising the Cape to address years of nitrogen pollution due to seepage from residential septic systems. There will be many different plans as each town or group of towns move forward. The latest estimate for this work ranges between $2 billion and $3.8 billion, which means that our members can expect to see many more Cape projects coming out to bid in the years to come. First however, these projects still need to be approved by local town meetings and also receive final State and Federal approval. During the year, UCANE will continue to advocate and inform residents as to the need for this work, and work closely with local and state officials to ensure that adequate funding is available to provide the incentive for residents to approve their plan at town meetings. Next year will be a pivotal and busy year for our members. UCANE will continue to be your eyes and ears on Beacon Hill and will continue to advocate for increased funding so that our cities and towns can get the work out and be “proactive” rather than “reactive”. Our members’ support will be exceedingly important if we are to be successful, and I know that everyone is ready to do their share.

Lastly, I would like to wish you and your families a Happy and Healthy New Year. I am anxious to get started and to work with my fellow Officers, Board members, the UCANE staff, and the entire membership to make 2016 a productive and prosperous year. n

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Mark Molloy, Esq., Lynch Associates, Inc.

Second Year of Legislative Session Promises Action on Certain Bills; Water Infrastructure Advocates Continue to Push for Investment

s the legislature returns to finish the second half of the 2015-2016 legislative session, leaders of the House and Senate have identified early priority pieces of legislation. Of particular note, the Senate looks primed to act quickly on a public records reform bill that the House sent over at the end of the previous year’s formal sessions. In return, the House, basing its version on the Governor’s filing, will look to tackle the growing opioid crisis by passing legislation in January. The Senate passed different opioid legislation in the Fall of 2015. Among other areas thought to be of interest are reforms to MassHealth (Medicaid), restructuring the Commonwealth’s energy portfolio and legislation funding public safety. With all eyes also focused on the development of the fiscal year 2017 budget, advocates for investing in water infrastructure will continue to sound the klaxon over the Commonwealth’s $21 billion funding gap. The Water Infrastructure Alliance, of which UCANE is a member,

continues to inform legislators about the importance of addressing our water infrastructure. Whether through improvements to the environment, the protection of public health, or the creation of good paying jobs, investing in water infrastructure is essential to the Commonwealth’s future. To that end, the Water Infrastructure Alliance continues to advocate for the completion of the steps outlined under Chapter 259 of the Acts of 2014 including, but not limited to: the promulgation of regulations facilitating greater access to Drinking Water/Clean Water SRF funding; implementation of the best management practices for water infrastructure management; granting of technical assistance to communities in need as well as the creation of both the Water Infrastructure Advisory Council; and the Underground Utility Coordination Commission. Formal sessions for the 2015-2016 legislative session end on July 31. Informal sessions will continue throughout the year until a new legislature is sworn in at the beginning of 2017.

Baker-Polito Administration Files Municipal Modernization Legislation

n early December, the Baker-Polito Administration filed legislation to modernize municipal finance and government. According to materials issued at the time of the filing, the legislation eliminates or updates obsolete laws, promotes local independence, streamlines state oversight, and provides municipalities with greater flexibility. Since April 2015, the Administration, through the Division of Local Services (DLS), posed to local officials what the Commonwealth could do to improve their ability to deliver quality services to their constituents. Feedback included more than 550 individual responses and more than 1,300 suggestions from over 215 municipalities and 20 regional school districts. The

JANUARY, 2016

Administration completed internal reviews and then met with numerous professional associations, including the Massachusetts Municipal Association (MMA), Massachusetts Association of Public Purchasing Officials (MAPPO), Massachusetts Association of Assessing Officers (MAAO), Massachusetts Collectors/Treasurers Association (MCTA), and Massachusetts Municipal Auditors and Accountants Association (MMAAA). Key areas of change include: • Electronic Advertising for Required Notices: Modifies the public notice requirement for town warrants and other required notices, including procurement, to permit continued on page 7

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Legislative Update continued from page 5 •

•

municipalities to post notice in any manner prescribed or approved under the Open Meeting Law. Electronic Issuance of Civil Motor Vehicle Infraction (CMVI): Adopts the necessary changes to the civil motor vehicle infraction law to allow cities and towns to issue citations electronically. Stabilization and Revolving Funds: Broadens the revolving funds statutes to permit more flexibility in the use of such funds and to eliminate all caps. Insurance Proceeds: Allows up to $150,000 of insurance proceeds that a city or town receives in payment of a claim to be used without appropriation to repair or replace damaged real and personal property. Local Property Assessments: Decreases the frequency with which Department of Revenue (DOR) must certify that local property assessments reflect fair cash valuation from every three years to every five years. “Double Poles” Enforcement Power: Allows cities and towns to enforce the statutory prohibition on keeping double poles up after ninety days, after passing a local ordinance authorizing them to do so. State and Municipal Procurement Thresholds: Simplifies, clarifies, and increases state and mu-

nicipal procurement thresholds with various reforms designed to give municipalities more flexibility in how they procure construction contracts. • Debt Statutes: Increases the short-term borrowing maximum from 5 to 10 years, allow borrowing for a reimbursable federal or state grant, and increases the de minimis surplus bond balance that may be used to pay debt service. The legislation also proposes changes that would modernize procurement at the local level and allow municipalities to use Operational Services Division contracts for construction contracts under $50,000. Once passed, this legislation will also allow cities, towns, or districts to adopt a local option that would require direct deposit of municipal employee compensation; will permit mayors and selectmen to initiate movement to optional forms of municipal administration or charter commission; will allow municipalities to exempt positions from civil service by vote of the governing body rather than through special legislation; and will enable cities and towns to invest in CD’s for more than one year. For more information about this legislation, please visit: www.mass.gov/governor/legislationexecorder/legislation/an-act-to-modernize-municipalfinance-and-government.html continued on page 9

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Legislative Update continued from page 7

City of Cambridge Finishes Alewife Sewer Separation Project

he $100 million Alewife Sewer Separation Project is finally complete, marking a significant step forward in efforts to clean up local rivers. Rainwater and sewage discharged into the Alewife Brook will now be reduced from 50 million to 7 million gallons per year, according to city officials. According to an article in the Cambridge Chronicle, the project was designed to separate rainfall water and waste from households to reduce sewage overflowing into rivers. Now, rainwater will be contained directly to the Alewife Brook, and waste from households will be discharged in a separate pipe to the Deer Island Treatment Plant in Boston Harbor, according to Owen O’Riordan, commissioner for the City of Cambridge Department of Public Works. Construction was completed Monday, December

21, 2015 and was focused in the West Cambridge neighborhoods surrounding the Huron Avenue and Concord Avenue areas. The project is part of a larger program associated with the Boston Harbor cleanup. In addition to significantly improving the environment, the project will also assist residents in the involved neighborhoods. Prior to the sewer separation, heavy rainfall led to flooding and waste backup in residential basements. Construction for the sewer separation began in 2012, and was a combined effort by the City of Cambridge and the Massachusetts Water Research Authority. Over the next year, the City of Cambridge will work on restoring streets and sidewalks in neighborhoods. Specifically, there will be 157 new pedestrian ramps, 300 new street trees, 33,000 linear feet of new water mains, and 55,340 linear feet of new sewer and drains.

Roy Named Commissioner of Massachusetts Department of Conservation and Recreation

ecretary Matt Beaton of the Massachusetts Executive Office of Energy and Environmental Affairs (EOEEA) has appointed Mr. Leo Roy to serve as Commissioner of the Massachusetts Department of Conservation and Recreation. According to a press release issued by the EOEEA, Roy returns to public service after 15 years in the private sector, most recently as a Principal at VHB - an infrastructure planning, design, engineering, and environmental firm. Mr. Roy brings to the Department of Conservation and Recreation his experience in natural and cultural resource management, sustainability, ecological restoration, and agency management. As an environmental consultant, Roy worked for state and municipal governments, colleges and universities, airport and port authorities, and private

corporations and developers. He was named a LEED Fellow by the US Green Building Council for over a decade’s work in promoting sustainable building design, construction, and operation, and was certified as an Envision Sustainability Professional by the Institute for Sustainable Infrastructure in 2012. Previously, Roy served as Massachusetts Undersecretary of Environmental Affairs from 1992 to 1997. He has been an active supporter of numerous non-profit environmental organizations, serving on the Board of the Environmental Business Council of New England (EBC), and as Chair of the Corporate Wetlands Restoration Partnership. Commissioner Roy was preceded by former Commissioner Carol Sanchez, who resigned her position in November 2015. continued on page 11

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Legislative Update continued from page 9

Announcing RMV Improvements, Governor Baker Names Devaney Permanent Registrar

efore the holiday break in December, Governor Charlie Baker, Lt. Governor Karyn Polito, and MassDOT Secretary Stephanie Pollack reported on customer service improvements within the Massachusetts Registry of Motor Vehicles (RMV). The trio also used the opportunity to announce the permanent appointment of Ms. Erin Deveney as Registrar. According to a press release from the Governor’s Office, over the last year, the RMV has been working to improve its ability to problem solve, using detailed analysis techniques to evaluate progress being made. Key accomplishments over the last year included improving customer wait times, increasing the use of existing alternative service channels, and increasing RMV staff performance measured by improving staff accountability and customer treatment. One of the ways in which the RMV has improved customer wait times is through the use of dual line queuing. Through this system, there is a “Ready to Go Line” or Green Line for prepared customers to immediately go into line, and the Orange Line is for customers who need more assistance and who need to perform lengthier transactions. Since September, 11 branches have converted to using this system and there is a plan to convert the remaining branches by the end of the first quarter of 2016. According to the RMV, the new queuing system has proven to save customers the time they used to spend waiting in line at the RMV even with increases in customer volume. The system has eliminated the hidden wait time customers experienced waiting in line outside branches before offices opened. In November 2015, 74% of all RMV branch customers were served in under 30 minutes, which is a 15% in-

crease in service level from the same month in 2014. The RMV’s Haymarket branch saw an increase of 1,110 additional customers in November 2015 from the same month last year and increased the number of customers served in under 30 minutes by almost 25%. Even with the increased customer flow, the Haymarket branch served 93% of its customers in November in under an hour, which was a 15% increase from service levels for November 2014. Other steps that the RMV has taken to improve service have been through the redesign of the MassRMV.com website. With a focus on making the homepage more customer friendly, the RMV has improved outreach to increase online use. Additionally, the RMV has emphasized the importance of increasing employee performance. For more information about the improvements made at the RMV, please visit: http://www.mass. gov/governor/press-office/press-releases/fy2016/ governor-gives-update-on-rmvs-customer-serviceprogress.html n

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Senator Joan Lovely (D-Salem)

enator Lovely has been a North Shore resident for almost her entire life. She grew up in Beverly and moved to Salem some 35 years ago when she met her husband. After raising their family, she went back to school and graduated from Salem State University and Massachusetts School of Law. For her, getting involved in city government was a great opportunity to effect positive change in the community. She wanted to be involved in improving Salem and creating a better place to live for my family, friends, and neighbors. “You could say I was ‘bit’ by the political bug after my neighbors and I formed a committee to rebuild our local playground. Our committee, together with over 100 volunteers, replaced the old equipment to create a new state-of-the-art playground for all the neighborhood children to enjoy. That was such a positive experience that in 1997 I successfully ran for a seat on the Salem City Council and served for 15 years. During that time, I served as City Council President and acted as the Council’s liaison to the Board of Directors for the Council on Aging and to the city’s Commission on Disabilities,” said Senator Lovely. In 2012, she was honored to win a seat on the Massachusetts Senate. She stated, “It has been a privilege to represent the Second Essex District Communities of Beverly, Danvers, Peabody, Salem, and Topsfield. In my first term, I served as the Senate Chair of the Joint Committee on Mental Health and Substance Abuse and the Senate Vice-Chair of the Joint Committee on Veterans and Federal Affairs. Currently, I serve as the Senate Chair of the Joint Committee on State Administration and Regulatory Oversight and the Senate Vice Chair of three joint committees: Municipalities and Regional Government, Mental Health and Substance Abuse, and Children, Families, and Persons with Disabilities.” Outside of her committee work, she has collaborated with her colleagues in the Legislature on several commissions and working groups covering a wide-range of policy issues, including postpartum depression screening for new mothers and opioid addiction prevention and treatment options.

As a former City Councilor, you bring a valuable perspective on how cities and towns can best work with the legislature. Please share your thoughts as to how your role as Senator differs from your tenure as a City Councilor.

The clearest difference in the two roles would be the size and diversity of the constituency. A City Councilor represents several neighborhoods within a community whereas a state Senator represents several different communities consisting of about 159,000 residents. Although the communities in my district are located in the same region on the North Shore, each city or town has its own identity with a unique set of wants and needs. So when the Senate is debating a statewide policy change, it’s important to analyze how any new law may impact each community and its residents. A provision that works for one community might not always work for another. A project or initiative that had success in a city like Peabody may not

JANUARY, 2016

necessarily be the right option for a town like Topsfield. In those instances, it’s important to make changes and craft a proposal that considers the welfare of every community. While there are statewide issues impacting every community, there are also local issues specific to each municipality. A City Councilor lives in the community and experiences those issues daily, but a state Senator has to be proactive and educate himself/herself about all the important local issues within each community in the district. To do that in my district, I’ve made it a priority to meet with constituents at weekly district hours, attend community meetings, and collaborate with local officials to learn more about what matters most to them and the community. I’ve been very fortunate to have so many great partners on the ground level of government because, for me, the key to understanding how state government can best serve our individual communities is through forming strong relationships at the local level. continued on page 15

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Interview continued from page 13

As you are aware, access to clean drinking water and proper management of wastewater is critical. In light of the Chapter 259 of the Acts of 2014 last session, please discuss your thoughts relative to the importance of maintaining water and wastewater infrastructure.

2014 was my first session in the Massachusetts Senate and I quickly learned why the Legislature made maintaining water and wastewater infrastructure a priority. Tasked with developing a comprehensive water infrastructure finance plan for the Commonwealth and its municipalities, the Water Infrastructure Finance Commission issued a report in February 2012 highlighting the importance of investing in this critical issue and the cost of inaction. According to the report, the gap in water and clean water investments over the next 20 years is estimated to be a total of $21.4 billion, which includes a $10.2 billion gap in drinking water and $11.2 billion gap in wastewater projects. Perhaps even more memorable than the staggering data itself, the report included a profound quote from Benjamin Franklin who said, “When the well is dry, we know the worth of water.” Reliable access to safe water has become a

Reliable access to safe water has become a given in Massachusetts communities, but the intricate system that delivers the service can be overlooked. Unfortunately, it often takes an emergency threatening our water supply to truly appreciate its value and need to the community. given in Massachusetts communities, but the intricate system that delivers the service can be overlooked. Unfortunately, it often takes an emergency threatening our water supply to truly appreciate its value and need to the community. Chapter 259 of the Acts of 2014 helped bring the issue of water and wastewater infrastructure to the forefront. A key piece to the new law was a $50 million increase in how much the newly-named Massachusetts Clean Water Trust can offer to local entities in loan authorizations. This has the potential to spur investment in much-needed infrastructure projects in cities and towns across the Commonwealth. To get a sense of the far-reaching effects of this policy change, continued on page 17

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Interview continued from page 15 292 entities have received financial assistance through the Clean Water Trust, benefitting 97% of Massachusetts residents. Overall, the new law aims to give municipalities more tools and resources to address this ongoing issue, and I was pleased to join my Senate colleagues in unanimously enacting the new law.

Massachusetts, along with the rest of the country, continues to face economic uncertainty. Please give your thoughts on how the state will continue to address these difficult financial times and the importance of finding novel ways to drive local aid to cities and towns to help support basic municipal services, specifically maintenance and needed improvements to water infrastructure.

Serving as a city councilor for 15 years made me keenly aware of how much cities and towns rely on local aid for basic municipal services. Since I joined the Senate, I have met with the mayors and town managers in my district each year to specifically discuss budgetary matters. Last year’s harsh winter added extraordinarily high snow and ice removal costs to the growing list of items our communities had to finance. Our cities and towns are constantly looking for new, creative ways to improve the community’s quality of life and state government is working in that very same direction. To that end, the Legislature appropriated a total of $979.8 million in unrestricted general government aid in Fiscal Year 2016. This represents a $34 million increase in funding over 2015, which can be used for a wide variety of services, including public works. Additional funding this past year will help cities and towns in the short term, but it needs to be combined with a comprehensive long-term strategy. Chapter 259 of the Acts of 2014 helped take the first steps towards that goal. Emphasizing green infrastructure projects and innovation grants helps ensure greater returns in the long run for each investment dollar spent today. At the same time, infrastructure maintenance is a continuous process, so it’s important to keep the conversation going and build on the progress that was made last session.

records law, has not been significantly changed since the 1970s. This creates an outdated law that fails to account for advances in technology. Today, records can be accessed electronically more easily than ever before and this should be encouraged so documents can be shared and received by the general public more efficiently. This would help connect people with the information they are looking for and has the added benefit of avoiding unnecessary printing costs. Bottom line: let’s take advantage of technology to make information readily accessible and limit the need for official public records requests. Another key piece to public records reform is the enforcement of the laws. One way to help do that would be to allow someone to recoup legal fees after he/she successfully obtains a public record after it’s contested through the court system. Massachusetts is one of only three states that do not afford this opportunity to its residents. These are just a few common sense reforms and updates that could bring more transparency to government. Beyond public records reform, The Governor recently filed an omnibus municipal modernization bill and has initiated an agency-wide regulatory review. The committee will review both items along with many other bills and proposals related to public construction, state contracting, open meeting law, and land bills. I’ve enjoyed working on these types of issues this past year and look forward to the second year of the session. n

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Christopher Morog, Partner Construction & Public Contracts Group, Hinckley Allen, LLP

General Bidders Who Also Submit Filed Sub-Bids Restricted to Themselves Cannot Hide Sub-Bid Costs in Their General Bids For many years, bidders have leveraged their knowledge and experience to submit the most competitive bids they can to win jobs. But, as the Massachusetts Attorney General’s Office and the Superior Court recently concluded, there is a line that bidders may not cross. It is unlawful for self-restricted filed sub-bidders to exclude direct costs, general conditions costs (overhead) and profit from their self-restricted filed sub-bids and hide those costs in their general bids. Doing so upsets equal footing and violates the requirements of the competitive bidding laws.

he forbidden practice is as follows. A general contractor looking to bid on a job files a number of sub-bids, which are substantially lower than other sub-bids received for the project. The reason the general contractor’s sub-bids are so low is that – unlike other sub-bids submitted for the project – they intentionally do not include certain direct costs, overhead, and profit for those sub-trades. When it comes time to submit the general bids, the general contractor (who restricts its sub-bids to itself) includes its excluded sub-bid costs in its general bid. This practice enables the general contractor to gain a leg-up on the competition by ensuring that it is carrying the lowest sub-bids for the project for the subtrades for which it submitted sub-bids. This scenario recently led three bidders and four construction trade associations to file a bid protest with the Attorney General’s Bid Protest Unit in connection with a pump station project. There was no dispute that the apparent low-bidder carried overhead and profit allocable to its five filed sub-bids in

JANUARY, 2016

its general contract price. The Attorney General concluded this was unlawful. Reading the provisions of M.G.L. c. 149, §§ 44E and 44G together, the Attorney General concluded that the term “labor” – as used in the statutes – necessarily includes labor performed by estimators, purchasers, or other involved overhead personnel and thus, should have been included in the apparent low-bidder’s five self-restricted filed subcontinued on page 21

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Legal Corner continued from page 19 bids. Otherwise, if a bidder were permitted to exclude general conditions and profit from its restricted filed sub-bids, it would not be “on a par” with the other filed sub-bidders who carried those costs in their bids. This result is consistent with the statute, which requires that the Item 1 (general bid) costs and the Item 2 (filed sub-bid) costs be “segregated.” These costs were not segregated in the apparent low-bidder’s bid, mandating rejection not only of the general bid, but of the five sub-bids as well. And even though profit is not a “cost,” the Attorney General concluded that it would be a violation of equal footing if profit were excluded from some, but not all filed sub-bids. The Attorney General recognized the unfair advantage gained by excluding allocable overhead and profit from filed sub-bids; the apparent low-bidder “assured” and “guaranteed” that its filed sub-bids were the lowest for the project. As a result, since filed sub-bidders are not bidding in “the same way” if one of them shifts overhead and profit to its general bid, there is a violation of equal footing. This is not a waivable violation and the general bid should have excluded overhead and profit allocable to the applicable sub-trades.

In light of these conclusions, the Attorney General allowed the bid protest, prompting the apparent low-bidder to file its own protest in the Superior Court seeking an injunction requiring it to be awarded the project. In denying the injunction, the Superior Court essentially agreed with the Attorney General, concluding that the bidding statutes clearly required subbidders to include all costs for the entire work of the sub-trade in their filed sub-bids, including overhead, general conditions, and profit.

Together, the Attorney General and the Superior Court, when it denied the disappointed bidder’s request for injunctive relief, resoundingly rejected a bid practice which arguably rose to the level of unfair bid manipulation. Bidders should be mindful that they cannot submit restricted below-cost sub-bids, which are not for the complete work and hide those sub-trade costs in their general bids. This practice is unlawful and will require rejection not only of the improperly filed sub-bids, but the general bid as well. n

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As every contractor is aware, there is no shortage of challenges in the construction industry, even more so for companies that bid on public construction projects. Anytime you can gain some peace of mind, it is of tremendous benefit. UCANE member Eastern Insurance Group has spent the past 26 years building a reputation as a company that can provide that peace of mind.

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ounded in 1989, Eastern Insurance has seen substantial growth over the years to become the largest independent insurance agency headquartered in Massachusetts, with more than 320 trained insurance professionals servicing over 85,000 clients and $670 million premium under management. Originally Allied American Insurance Agency, Eastern Insurance was acquired by Eastern Bank in 2002. Eastern Bank and Eastern Insurance quickly merged sales initiatives and missions to become one of the most successful banking and insurance partnerships in the country. Eastern Insurance is a national model for cross-selling and banking/insurance success. As with every respected business, success stems from its accomplished leadership. Hope Aldrich has been President and CEO of Eastern Insurance since 1997. She has over 30 years of experience in the insurance industry and previously held leadership positions at AON Risk Services and Liberty Mutual Insurance Company. She has overseen the rapid growth of Eastern Insurance and has led them through the acquisition of over 30 prominent agencies in Massachusetts. Hope is passionate about the philanthropic efforts of Eastern Bank, which gives back 10% of its net income every year to charitable endeavors. She serves on the Board of Directors of several non-profit organizations including the Greater Boston YMCA. Executive Vice President Frank Smith is well known to UCANE members, having served on the Board of Directors many years ago. Frank oversees the Surety Department, and has worked closely with several UCANE members over the years. He is a former president of the New England Surety Association and the Massachusetts Surety Association, and served on the board of both organizations. Current Eastern Insurance UCANE representative John Berksza has consistently supported UCANE’s mission and programs, and joined the Board of Directors this year. “We understand how important insurance issues are to contractors, and we want to provide the highest level of support so that companies can focus on what is most important: making sure the job is done right, on time, and is profitable.” Eastern Insurance developed its products and services based on feedback from contractors. In 2004 they formed an in-house department dedicated solely to Construction and Surety Risk Management Services. The department has grown

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significantly since then. In 2010, Eastern Insurance invested in an online portal for their clients with features such as: a library of customizable safety material; a Loss Control and Human Resource suite of services; OSHA compliance updates and recordkeeping tools; and legislative and regulatory updates delivered to the client’s desktop. In addition, the benefits division of Eastern Insurance, Eastern Benefits Group, also offers a Human Resource portal that combines HR and Affordable Healthcare Act (ACA) compliance and benefits administrative services. “Our clients find this portal to be invaluable, especially as companies try to navigate unchartered waters such as the ACA” said Berksza. Since its humble beginnings, Eastern Insurance Group has grown into one of the country’s top 50 insurance agencies because of its leadership and commitment to its customers.

UCANE is proud to count Eastern Insurance Group, LLC as a longtime and respected member of our Association. Our officers, board, and staff wish them continued growth and success in the future. n

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OSHA’s Most Frequently Violated Standards for FY2015

he U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released their top 10 cited violations for FY2015. Patrick Kapust, Deputy Director of OSHA’s Directorate of Enforcement Programs, once again presented the top 10 cited violations at the National Safety Council’s 2015 Congress and Expo in Atlanta. Little changed from 2014, with Fall Protection violations again at the top of the list. The only change in the top ten was Lockout/Tagout violations moving from number 6 to number 5 and Powered Industrial Truck Violations sliding from number 5 to number 6. Kapust emphasized that employers should consider the list as a tool to find and fix recognized hazards before OSHA arrives on your jobsite for inspections. It is of note to our industry that while Excavation standards (1926.1101) did not make the list of frequent violations, it was number 3 on the “willful” violations list, up from number 7 in 2014. OSHA defines a “willful” violation as “committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.” OSHA fines are set to increase significantly in July of 2016 with some experts predicting as much as a 80% increase. In conjunction with this the Departments of Justice and Labor have announced an expansion of its worker endangerment initiative to address environmental and worker safety violations.

JANUARY, 2016

Of further serious concern for contractors in 2016, is a recent directive from the U.S. Attorney General’s office that recommends increasing the frequency of personal criminal prosecution, rather than pursuing Corporate penalties, when investigating OSHA safety violations in the workplace. In 2015, the Department of Justice and the Department of Labor held joint meetings aimed at increasing the effectiveness of applying criminal prosecutions to cases of serious and willful OSHA violations. The meetings culminated in a memo sent in December by Deputy Attorney General Sally Quillian Yates to all 93 U.S. Attorneys across the country in which Yates urged federal OSHA prosecutors to work with the Department of Justice’s Environmental Crimes Section in pursuing worker endangerment violations. The worker safety statutes generally provide for only misdemeanor penalties in cases of personal prosecution. However, Federal prosecutors have now been encouraged to consider utilizing Title 18 and environmental offenses in order to enhance individual penalties and increase corporate compliance with OSHA regulations. In 2016, it is more important than ever, that contractors and their upper level management staff pay close attention to OSHA standards. The top 10 most frequently violated standards for FY2015 are listed on pages 28-29. Visit OSHA’s website for more information. continued on page 28

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OSHA’s Most Frequently Violated Standards for FY2015 (*Data current as of 10/8/15)

7,402 violations The top four construction standards violated all are associated with fall protection. OSHA noted that the majority of these citations come from residential construction and roofing work. Frequently violated requirements include not wearing fall protection and not guarding open sides and edges to prevent falls from roofs.

Fall Protection (1926.501)

5,681 violations

Hazard Communication (1910.1200)

The most common violation was an employer’s failure to have a written program, to provide adequate employee education and training, to properly label (or have any label on) containers, and to provide workers with access to safety data sheets. On June 1, 2015, OSHA’s revised hazard communication standard went into effect for all employers. The revised rule requires employers to provide hazardous chemical information to their employees using new safety data sheets and labels that are aligned with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals.

4,681 violations Violations include issues with scaffold construction, improper worker access to scaffolding surfaces, planking of platforms, and adequate guardrails.

Scaffolding (1926.451)

3,626 violations These violations include not conducting the required medical evaluation general requirements, not establishing a written respiratory protection program, and not having proper fit testing.

Respiratory Protection (1910.134)

Lockout/ Tagout

3,308 violations These violations increased significantly in 2015. The most violations were worker training issues, the lack of energy control procedures, and incomplete annual inspections.

(1910.147)

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3,004 violations The most common violation in this standard was employers not ensuring the competency of operators, not evaluating operators every three years on their performance and the removal of unsafe powered industrial trucks.

Powered Industrial Trucks (1910.178)

2,732 violations The increase in Ladder violations include inadequate side rails, using a ladder for a different purpose than for which it was designed, using the top ladder step, and having excessive loads on ladders.

Ladders

(1926.1053)

2,624 violations Electrical violations went down in 2015, but still retain the number 8 spot. Violations included problems not using flexible cords and cables when possible and not closing unused openings.

ElectricalWiring Methods (1910.305)

Violations included the types of guarding, point of operation exposing the employee to injury, improper anchoring of fixed machinery and exposure to blades. OSHA updated its National Emphasis Program on amputations in June 2015. OSHA compliance officers are directed to evaluate employee exposures during regular operation of machines, setup for regular operations, clearing jams, making adjustments while the machine is operating, cleaning and maintaining machines and locking out or tagging out.

Machine Guarding (1910.212)

2,181 violations These electrical violations also decreased from 2014. However, there were increased citations to retail establishments this year due to blocked electrical panels. Other violations included improper installation and use of electrical equipment.

2,540 violations

ElectricalGeneral Requirements (1910.303)

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Wastewater Limitations Prove Troublesome to Economic Expansion in Buzzards Bay The issue of wastewater dispersal and treatment represents a major stumbling block to business development in Bourne’s downtown business area. Lack of wastewater capacity is a limiting factor to growth in Buzzards Bay, as seen in a recent decision by the Bourne Board of Selectmen that puts one proposed project on hold.

ecently, the selectmen in their role as sewer commissioners denied a request from local developer and Bourne Planning Board member Robert J. Gendron for wastewater allocation for his proposed project at 12 Wagner Way. Mr. Gendron has proposed building a senior and assisted living housing complex on 2.2 acres between Main Street and the Route 6/28 bypass. The complex would comprise 106 residential units, plus some dining facilities. It would house independent, assisted living and memory care residents and require a total wastewater allocation of 17,715 gallons a day. The selectmen denied the wastewater request, saying that approval would push the town’s daily usage too close to its ceiling. Under a longstanding agreement, Buzzards Bay can send up to 200,000 gallons of wastewater a day to Wareham’s treatment plant. Much of that allotment has already been parceled out to residents and businesses alike. Bourne plumbing inspector George W. Tribou explained that the average flow from Buzzards Bay and Hideaway Village in 2014 was 88,259 gallons a day. Another 19,574 is held in reserve for Hideaway Village. Appropriations to Keystone Place and proposed projects at 25 Perry Avenue and 100 Main Street bring the total amount of wastewater allocation to more than 180,000 gallons a day. Approval of Mr. Gendron’s project at 12 Wagner Way would increase the total to nearly 198,000 gal-

JANUARY, 2016

Photo credit: Gene M. Marchand/Enterprise The Port O’Call on Main Street is one of a handful of businesses to close in downtown Buzzards Bay. Wastewater allocation limits have proven to be an impediment to business growth in the downtown business district.

lons a day, leaving little to no room for other businesses that might want to open shop in Buzzards Bay. Compounding the problem, the 25 Perry Avenue project is being built in three phases. The amount allocated to date is just for the first phase; so the developers will require more. Further, residents of Taylor’s Point had previously been restricted from tapping into sewer lines because they were in a Velocity Flood Zone. The new flood plain maps now place Taylor’s Point in a less restrictive AE Zone, making the area eligible for sewer tie-ins. continued on page 33

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Spotlight on Cape Cod continued from page 31 A potential solution to the town’s wastewater problem has been presented by the Bourne Wastewater Advisory Committee. The group has suggested the installation of a temporary treatment facility at Queen Sewell Park. Wastewater committee consultant Wesley J. Ewell has said that such a facility could increase the town’s capacity by 100,000 gallons a day. Last month, it was announced that the town had appropriated half of the $180,000 needed for an engineering study for the temporary plant. The study is necessary for additional grant funding that becomes available in February. Mr. Ewell said that his group is on schedule to get the treatment plant installed and agreed that limited wastewater capacity is holding up business growth in Buzzards Bay, as evidenced by Mr. Gendron’s project being placed on hold. Mr. Ewell said he was confident that the treatment plant will be installed in Queen Sewell Park and suggested that there was no reason for the sewer commissioners not to approve projects such as Mr. Gendron’s. He reasoned that the wastewater facility could probably be up and running by late 2017. Any new project would likely take as long, if not longer, to construct, so increased capacity would be in place by the time any new project is completed. Bourne Board of Selectmen member Peter J. Meier, who lives in Taylor’s Point, concurred that the change in the flood maps presents a major dilemma. Currently, there are 144 homes and two vacant lots that can be built on in Taylor’s Point. Mr. Meier said that if property owners choose to tap into the town’s sewer system as opposed to staying with septic systems, the town will be presented with even more requests for wastewater allocation, pushing it well past the 200,000 gallons-a-day ceiling. He said the installation of a temporary wastewater treatment plant in Queen Sewell Park as soon as possible is crucial for the continued growth of Buzzards Bay. “We have to plan for five to 10 years from now. If not, what property owner is going to want to own in Buzzards Bay?” he said. The limitations imposed by the lack of wastewater capacity shine a light on the crossroads at which the town finds itself. On one side, there is the steady move toward rejuvenation in Buzzards Bay. Residents have approved the town’s membership in the Massachusetts Bay Transit Authority (MBTA), which brings with it the potential for commuter rail being extended from Middleborough to Bourne. Keystone Place has been in operation on Main Street for nearly a year. Meanwhile, the hotel-conference center-restaurant-residential complex proposed for 25 Perry Avenue, and developer Vincent P. Michienzi’s own

JANUARY, 2016

hotel-restaurant-residential complex at 100 Main Street, near the old Buzzards Bay movie theater, all suggest a renaissance for Bourne’s business district. On the flip side, there are the dilapidated buildings, such as the row of buildings at 129 Main Street owned by Christopulos Realty and Investments. A large red X has been fixed to the exterior by the Bourne Fire Department, warning that the building is unsafe for firefighters to enter in the event of an emergency. Christopulos Realty also owns the properties at 69-73 Main Street. The building at 69 Main Street was recently demolished. Wednesday night, attorney Kimberly A. Bielan of Braintree told members of the Bourne Board of Health that it is the intention of Christopulos Realty’s owner Deborah Patterson to demolish the remaining structures at 71 and 73 Main Street. Recently shuttered businesses include Antique Affair, Port O’ Call, TD Bank and Canalside Creamery. Rumors circulate that Jake’s Pizza Company is also set to close. Cape Cod Burgers & Fries owner Patrick P. Girouard said that he is in negotiations to move into that location, now that his current business address, 71 Main Street, is slated for demolition. Bourne selectman Michael A. Blanton, who beat the drum for economic development during his camcontinued on page 35

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Spotlight on Cape Cod continued from page 33 paign last May, called the limits on wastewater allocation “the 800-pound gorilla in the room.” He said that while the downtown business area appears to be turning a corner with a new entrepreneurial spirit, as evidenced by the new development projects being brought forth, the lack of wastewater capacity is “strangling growth in Buzzards Bay.”

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“It’s a huge problem,” Mr. Blanton said. He added that there is a bittersweet irony to the demolition of buildings on Main Street. The teardowns, he said, are creating an opportunity for resurgence and rebirth in the village. “It presents a positive opportunity to create from the ashes for Buzzards Bay,” he said. Mr. Meier said that chance will only present itself once the town finds an answer to the wastewater question is resolved. “There won’t be any business development without some sort of wastewater treatment facility. If we don’t start having a long-range plan for wastewater in Buzzards Bay, we might as well pack up and go home,” he said. Written by Michael J. Rausch. Reprinted with permission from the Bourne Enterprise. n

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Article provided by Eastern Insurance Group, LLC’s “Client Resource Center” powered by Zywave.

John Berksza

Eastern Insurance Group, LLC

Ground-Fault Protection for Construction Sites According to the National Institute of Safety and Health, the most frequently cited Occupational Safety and Health Administration (OSHA) electrical violation is improper grounding of equipment or circuits. This is especially troubling for construction managers in light of the fact that construction workers suffer more electrical burns and fatal electrical injuries than workers in all other industries combined. Each incident carries significant costs in terms of lost time and resources and increases the employer’s risk of costly lawsuits. The most unfortunate aspect of this threat is that many of these accidents could have been prevented with the implementation of proper ground-fault protection practices.

OSHA Regulations OSHA requires employers to provide at least one of the following: • Ground fault circuit interrupters (GFCIs) on construction sites for receptacle outlets in use and not part of the permanent wiring of the building or structure. • A scheduled and recorded Assured Equipment Grounding Conductor Program (AEGCP), covering all cord sets, receptacles not part of the permanent wiring of the building, and equipment connected by cord and plug.

About GFCIs Grounding a tool or electrical system involves creating a low-resistance electrical path that connects to the earth. A ground-fault occurs in a tool or electrical system when there is a break in this low-resistance grounding path. The electrical current may then take an alternative path to the ground through the user, resulting in serious injuries or death. GFCIs automatically limit or stop the flow of current in the event of a ground fault, overload or short circuit in the wiring system. They operate by monitoring the amount of

JANUARY, 2016

current going into electric equipment and the amount of current flowing out along the circuit conductors. If the difference exceeds 5 milliamperes, the device automatically shuts off the power to prevent injury.

About AEGCPs The OSHA-approved alternative to using GFCIs on a construction site is an AEGCP, which is a regimented system for testing electrical tools and extension cords to assure their proper grounding. If an continued on page 39

Construction workers suffer more electrical burns and fatal electrical injuries than workers in all other industries combined, but many of these incidents could have been prevented with the implementation of proper ground-fault protection practices.

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Safety Corner continued from page 37

passed the test and the last date it was tested (or the testing interval). Like the program description, make it available to OSHA inspectors and affected persons upon demand.

AEGCP is used in place of GFCIs for ground-fault protection, the following minimum requirements apply: • Keep a written description of the program at the jobsite. Outline specific procedures for the Using GFCIs in Conjunction required equipment inspections, tests and test with AEGCPs schedule, and make them available to OSHA and to affected persons upon demand. Although OSHA permits the use of • Designate one or more competent persons an AEGCP in lieu of GFCIs, it would be to implement the program. OSHA defines a a mistake to view the choice as strictly competent person as someone who is qualian either/or proposition. The best course fied to identify hazards and authorized to take of action is to use GFCIs in conjunction prompt corrective measures. with an Assured Equipment Grounding • Visually inspect all cord sets, attachment caps, plugs and receptacles, and any equipConductor Program. Taking this step will ment connected by cord and plug, before use not eliminate the possibility of a costly each day. If you see any external damage— electrical accident on the worksite, but it such as deformed or missing pins, or damwill significantly reduce the risk of injury aged insulation—or discover internal damor death due to ground faults. n age, take the equipment out of use until it is repaired. • Perform two OSHA-required tests on all electriMBO Precast Inc. cal equipment, a continuity 4 Marion Drive • Carver, MA 02330 test, and a terminal conT: 508-866-6900 • F: 508-866-5252 nection test. These tests www.MBOPrecast.com are required under the following circumstances: Stone Strong Retaining Wall Systems • Before first use Manholes / Catch Basins / Custom Structures • After any repairs, and Septic Tanks / Leaching Products before placing back in service • After suspected damage, and before returning to use • Every 3 months • Maintain a written record of the required tests, identifying all equipment that

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

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

HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED? Each applicant is assigned a number. When completed, page 1 of the application with the name of the applicant must be detached and sealed in the accompanying envelope. The 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. 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. 3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community, (optional but recommended). 4. Please indicate the UCANE company by which you or your parent is employed. NOTE: The name of the applicant must be deleted entirely from pages 2 through 4 and all accompanying correspondence, and your application number must be inserted in its place.

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

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

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Rail Crossing in Braintree RailCrossing Crossing in Rail inBraintree Braintree

Team EJP was recently called on by LM Heavy Civil Construction, LLC, to help provide solutionscalled for aon railroad in Braintree,LLC, MA. Team EJP was recently by LMgrade Heavycrossing Civil Construction, Team of EJP was recently called on by LM water Heavy Civilunder Construction, LLC, A portion the solutions project involved installing a new new to help provide for a railroad grade crossing main in Braintree,a MA. to crossing help provide for a railroad grade crossing in Braintree, MA. thesolutions railroad tracks. Agrade portion of thefor project involved installing a new water main under a new

A portion grade crossingof forthe theproject railroad involved tracks. installing a new water main under a new crossing for theManager railroad on tracks. Maxgrade Gates, LM’s Project the job, had to deal with multiple challenges thisProject project.Manager Track Foul timejob, needed to deal be scheduled and Max Gates, on LM’s on the had to with multiple much of the was performed during offon hours. the existing challenges onwork thisLM’s project. TrackManager Foul time needed to be scheduled and Max Gates, Project the Once job, had to dealtrack with multiple was demolished a performed Friday, theduring track off needed toOnce be back in service by much of the work was hours. the existing track challenges onon this project. Track Foul time needed to be scheduled and the first of the following week,the which included the final paving of the area. was demolished on a Friday, track needed to be back in service by much of the work was performed during off hours. Once the existing track Space limited. The week, work zone very small andpaving almostofcompletely the firstwas of the following whichwas included the final the area. was demolished on a Friday, the track needed totrack, be back in service by encompassed by the excavation required to demo the install the Space was limited. The work zone was very small and almost completely the first of the following week, which included the final paving of the area. utilities and make to ballast finish grades. encompassed by the the appropriate excavation adjustments required to demo the and track, install the Space was limited. The work zone was very smallmuch and almost completely In eam addition, the roadway was narrow and did not allow space to EJP recently adjustments called on to byballast LM Heavy Construcutilities and makewas the appropriate and finishCivil grades. encompassed by the excavation required to demo the track, install the assemble the required components. In addition, the to roadway was narrow and did not much space to crossing tion, LLC, help provide solutions forallow a railroad grade utilitiesthe and make components. the appropriate adjustments to ballast and finish grades. assemble required in Braintree, MA. Abeneath portion of themust project involved installing a Typically, piping the installed be not installed In addition, roadway was railroads narrow and did allowwithin mucha space to new water main under a new grade crossing for the railroad casing and the casing needs to extend 25 feet each way, perpendicular to tracks. assemble theinstalled requiredbeneath components. Typically, piping railroads must be installed within a theMax centerline of the track.Project BecauseManager this project on wasthe not job, a perpendicular Gates, LM’s had totodeal with casing and the casing needs to extend 25 feet each way, perpendicular crossing, a 60-foot long, 22-inch diameter steel casing was required! The multiple challenges onBecause thisbeneath project. Track time needed to be the Typically, centerline of the track. this project was Foul not a perpendicular piping installed railroads must be installed within a 22-inch steel casing would allow for a new 12-inch ductile iron water main scheduled and much of the work was during off hours. crossing, a and 60-foot long, 22-inch diameter steel25performed casing was required! The casing the casing needs to extend feet each way, perpendicular to ‘carrier pipe’ to be built using CL52 mechanical joint pipe. The crossing 22-inch steelexisting casingofwould allowwas for a demolished new 12-inch ductilewas iron water Once the track a Friday, the track centerline the track. this project not a main perpendicular wasthe being oversized for the futureBecause as the existing mainon on the street is an ‘carrier pipe’ to be built using CL52 mechanical joint pipe. The crossing needed tocast be back service the first the following week, a iron 60-foot long, 22-inch diameter steel casing was required! The old crossing, 8-inch pipe in that may needby to be upsized inof the future. was being oversized for the future as the existing main on the street is an which included final paving area. Space wasiron limited. The 22-inch steel the casing would allowof forthe a new 12-inch ductile water main old cast ironcasing pipe that mayand need to be upsized in the future. EJP8-inch had the steel welded shipped as one 60-foot section to the

UCANE Members Work Together to Provide Rail Crossing Solution in Braintree

T The 12-inch carrier pipe with centering insulators in place.

One end of the finished assembly, showing the rubber seal on the end of the casing pipe, a 12-inch valve, and a 12 to 8 concentric reducer.

LM Heavy unloads the assembled unit from Team PEP’s stretch trailer at the rail crossing.

JANUARY, 2016

work‘carrier zone was and almost completely by pipe’ very to besmall built using CL52 mechanical jointencompassed pipe. The crossing Middleton location. Once there, the 12-inch carrier pipe was installed by the excavation required to demo the track, install the utilities and was being oversized for the future as the existing main on the street is an EJP had the steelService casing welded and shipped one 60-foot to and the EJP’s Middleton Deptartment. Casingas insulators weresection make appropriate adjustments to andinstalled grades. In oldthe 8-inch cast Once iron pipe that may need toballast bepipe upsized infinish the future. Middleton location. there, the carrier was installed by end seals were applied between the12-inch casing and carrier pipes. Valves and addition, the roadway was narrow and did not allow much space to EJP’s Middleton Service Deptartment. Casing insulators were installed and reducers were hung and the complete assembly was tested to ensure no EJP had the steel welded and75 shipped as pipes. one 60-foot to the assemble the required components. end seals were applied between the and Valves section and leaks existed. The finalcasing assembly wascasing over feetcarrier in length! reducers were hung and the complete assembly wascarrier tested pipe to ensure no Middleton location. Once there,beneath the 12-inch was installed by Typically, piping installed railroads must be installed leaks existed. The final assembly waschallenge over 75 Casing feetthis in length! Middleton Service Deptartment. insulators were installed and PEPEJP’s Transportation was up for the oversized within a casing and the casing needsofto extend 25load. feetAfter each way, acquiring the appropriate permits and hiring a Pilot Vehicle, PEP pipes. utilized Valves a end seals were applied between the the casing and carrier and perpendicular to was the centerline of track. Because this project PEP Transportation for the the complete challenge of this oversized load. stretch trailer were to move theup assembly to the project location. LMtested HeavyAfter hadensure no reducers hung and assembly was to was atheperpendicular 60-foot long, 22-inch acquiring appropriate permits andfor hiring aaPilot Vehicle, PEP utilized dug not the trench and prepared thecrossing, site the arrival assembly withinaa diamleaks existed. The final assembly was over of 75the feet in length! eter steel casing was required! The 22-inch steel casing stretch trailer to of move theThe assembly the project LM Heavy had small window time. casingtoand carrier location. were installed and the would dug the trench and prepared the site for the arrival of the assembly within a allow for a new 12-inch ductile iron water main ‘carrier pipe’ to be connections to existing pipes were made in very short order by LM pipe PEP Transportation wascasing up forand the challenge of this oversized load. After small window of time. The and the crews. built using CL52 mechanical jointcarrier pipe.were Theinstalled crossing was being acquiringtothe appropriate permits and hiring a Pilot Vehicle, PEP utilized a connections existing pipesas were in very short order by LM pipe is oversized for the future themade existing main on the street an old trailer to move toConstruction the project location. LM Heavy had EJPstretch would like to thank boththe LMassembly Heavy Civil and Max Gates crews. 8-inch cast iron pipe that may need to be upsized in the future. trench business and prepared theopportunity site for thetoarrival of the assembly for dug their the continued and the work together to once within a EJP had the steel welded and shipped asGates one and 60-foot again make a difficult install look easy. EJP would like to thank bothcasing LM Heavy Civil and Construction and small window of time. The casing carrier wereMax installed the section to the Middleton location. Once there, the 12-inch carrier for their continued business and the opportunity to work together to once connections to existing pipes were made in very short order by LM pipe Photos: again makeinstalled a difficult install look easy. pipe was by EJP’s Middleton Service Deptartment. Cascrews. 12-inch carrier pipeinstalled with centering in place. ingTheinsulators were andinsulators end seals were applied between One end of the finished assembly, showing the rubber seal on the end of Photos: the casing and carrier pipes. Valves and reducers were and EJP would like to thank both LM Heavy Civil Construction and hung Max Gates the casing a 12-inch valve, and a12 to 8 concentric The 12-inchpipe, carrier pipe with centering insulators in place.reducer. the complete assembly was tested to ensure no leaks existed. The for their continued business and the opportunity to work together to once LM Heavy the assembled unit fromthe Team PEP’s at One end ofunloads the finished assembly, showing rubber sealstretch on thetrailer end of final assembly over 75 look feeteasy. in length! make awas difficult install the again rail crossing. the casing pipe, a 12-inch valve, and a12 to 8 concentric reducer. wasunit up from for the oftrailer this atoversized LMPEP HeavyTransportation unloads the assembled Teamchallenge PEP’s stretch the Photos: rail crossing. load. After acquiring the appropriate permits and hiring a Pilot Ve12-inch carrierapipe with centering insulators place. hicle,The PEP utilized stretch trailer to move in the assembly to the One end of the finished assembly, showing the rubber sealprepared on the endthe of project location. LM Heavy had dug the trench and the casing pipe, a 12-inch valve, and a12 to 8 concentric reducer. site for the arrival of the assembly within a small window of time. Heavy unloads thewere assembled unit from Teamconnections PEP’s stretch to trailer at The LM casing and carrier installed and the existthe rail crossing. ing pipes were made in very short order by LM pipe crews. EJP would like to thank both LM Heavy Civil Construction and Max Gates for their continued business and the opportunity to work together to once again make a difficult install look easy. Reprinted from E. J. Prescott’s Newsletter Peptalk. n

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Auditor’s Office Conducts Survey to Assess Water System Costs

he state auditor’s office launched a statewide online survey on November 9 to examine the cost impacts of local water infrastructure maintenance. The auditor’s office will use the survey results to report on the ways that regulatory changes, climate change, and a growing backlog in water system upgrades are affecting municipal budgets. The Division of Local Mandates is conducting the survey. Under statutory authority granted by Proposition 21/2, the Division of Local Mandates periodically issues “Municipal Impact Studies” that document major fiscal effects of state laws, regulations and policies on local governments. The two most recent studies – on cost impacts of the state’s hotel/motel homeless shelter program and the state’s dam safety law – both led to changes in state funding and administrative procedures designed to ease local fiscal impacts. In a letter to municipal officials, the Division of Local Mandates said the purpose of its current survey is “to update the estimate of our state’s water infrastructure investment gap and to examine potential best practices, regulatory strategies and funding mechanisms designed to help close that gap … as well as to solicit local input on the current use of various funding sources and the embrace of new water system strategies and technologies designed to improve efficiency and manage costs.” MMA Executive Director Geoff Beckwith said the survey “comes at a critical moment in the discussion of water-related challenges” for many cities and towns. “The MMA has been pushing hard for greater awareness of the importance of enhanced water systems – drinking water, wastewater and stormwater – to the continued economic and environment health of cities and towns,” Beckwith said. “We hope the

JANUARY, 2016

survey will provide the data needed to understand the scope of challenges facing municipalities and the strategies needed to meet them.” The MMA has urged state and federal officials to provide more data about the true cost to cities and towns of programs such as the state’s Sustainable Water Management Initiative (SWMI) and changes to federal Municipal Separate Storm Sewer System (MS4) permit standards. “A 2012 report from the Massachusetts Water Infrastructure Commission estimated that the Commonwealth faced a $21.4 billion, 20-year funding gap in necessary water infrastructure investment – and that estimate didn’t take SWMI, MS4 or climate change impacts into account,” Beckwith said. “It’s time to take a fresh look at these costs, as well as exploring ways for the state to work with cities and towns to develop innovative, cost-effective, long-term plans to address this looming challenge. “It’s increasingly clear to our members that we need a holistic approach to water infrastructure funding and regulation that allows communities to plan their long-term investments to achieve the best possible use of their limited resources,” Beckwith said. “With Governor Charlie Baker calling for a full review of state regulations and creating a Community Compact Cabinet to promote better accountability, best administrative practices, and closer partnerships with local government, it is critical that our members participate in this important survey so that it accurately reflects the true costs burden of these unfunded mandates.” For more information about the survey, local officials are advised to contact Tom Champion at the Division of Local Mandates at thomas.champion@ sao.state.ma.us or (857) 242-5427. Written by MMA Senior Legislative Analyst Tom Philbin. continued on page 46

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MMA continued from page 45

Administration Announces Economic Development Plan

he Baker administration on November 15 released an outline of its economic development plan for Massachusetts. The plan does not include specific proposals, but focuses on seven policy priority areas: preparing communities for success, fostering a culture of innovation and entrepreneurship, advancing key clusters and industries, creating a balanced regulatory and business cost environment, expanding workforce development and talent retention, adopting housing policies that support economic growth, and improving transportation access. In an effort to make good on its promise to reduce unnecessary business costs and attract investment, the Baker administration is in the midst of a comprehensive review of government regulations in order to make reforms that the administration says “will create a first-in-class business environment.” The economic development plan says that reforming regulatory barriers to job creation and eco-

nomic growth “will take place on an ongoing, continuous basis.” The administration has held a series of public sessions held to solicit feedback on regulations. Attendees expressed concerns about site readiness and infrastructure, a lack of capacity in local governments, the volume and complexity of business and land use regulations, limited affordable housing stock, uncompetitive business costs, employers struggling to find and retain skilled workers, businesses challenged in accessing early-stage capital, and economic troubles in communities outside the Boston core. The economic development plan calls for state partnerships with cities and towns, without the state dictating solutions, “to build strong, nimble, development-ready communities and regions.” The draft plan is available at www.mass.gov/hed/ economic-development-plan.pdf. Written by MMA Legislative Analyst David Lakeman. continued on page 47

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MMA continued from page 46

House Passes Revised Public Records Bill

fter several months of review and input from stakeholders on all sides of the issue, the House today passed legislation to reform the state’s public records law. The updated version of the bill had been reported out by the House Ways and Means Committee this morning. The bill spells out specific timelines for replying to and complying with public records requests, sets limitations on fees that can be charged by state agencies and municipalities, and includes significantly expanded enforcement authority, including provisions to give the courts the power to require public entities to reimburse plaintiffs’ court costs and attorneys’ fees if litigation is initiated due to disagreements. Approved on the last day of formal legislative sessions for the year, the bill (H. 3858) now goes to the Senate, where it is expected to be taken up as early as January. The public records act has not seen any material change since it was first enacted in 1974, well before the Internet and electronic communications became the norm. The MMA’s position has been to call for balanced changes to prevent the imposition of un-

funded mandates on cities and towns, and to ensure that local officials have enough time and flexibility to comply with the act without diverting resources and time from their other important public services and duties on behalf of local residents and taxpayers. During the past several weeks, the MMA has been grateful for the openness and interest in municipal concerns that has been displayed by House Speaker Robert DeLeo, House Ways and Means Chair Brian Dempsey and Vice Chair Stephen Kulik, and Rep. Peter Kocot, House chair of the Joint Committee on State Administration and Regulatory Oversight. The House Ways and Means Committee’s version of the public records reform bill includes greater flexibility for cities and towns than previous iterations and drafts of the bill, including more clarity on timelines, retention of much of the ability of cities and towns to be reimbursed for the cost of fulfilling records requests, and greater clarity in terms of enforcement, and these improvements reflect the House leadership’s openness to the municipal perspective. continued on page 49

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MMA continued from page 47 The proposed bill would establish new procedures for responding to and complying with requests, set some limits on allowable fees, and enhance enforcement provisions, including the potential of greater fines or litigation costs in instances of disputes. “Overall, the House bill is a vast improvement over previous versions,” said MMA Executive Director Geoff Beckwith, “but it still would make the public records act more administratively challenging and litigious for cities and towns.” Major provisions of H. 3858 include the following:

Timelines • Cities, towns and state agencies would have 10 business days to respond to every public records request with an estimate of the fee to be charged, the time necessary to fully comply with the request (cities and towns would have up to 75 days, and state agencies would have up to 60 days), and a listing of the documents or categories of requested documents that will be withheld by the municipality or agency under existing state and federal law. (There is no change to the current list of excluded documents that may be withheld.) • Cities, towns and state agencies could appeal to the Supervisor of Records for more time if a public records request is too voluminous or broad in scope to complete in 75/60 days, or if they believe the request has been submitted to harass the municipality or agency. • Requestors could appeal to the Supervisor of Records or to Superior Court to challenge the fee estimate, to reduce the time that municipalities or agencies will take to comply, or to challenge whether a requested document can be withheld under state or federal law.

Allowable Fees

cords or to Superior Court to challenge the fee estimate, but fees below $25,000 must be appealed first to the Supervisor of Public Records for a decision before an appeal could be filed with the Superior Court.

Enforcement • Plaintiffs would have 30 days to initiate action against municipalities and state agencies for noncompliance, to challenge fee amounts, or to challenge whether a requested record could be withheld. • Courts would have the authority to award attorneys’ fees and court costs to plaintiffs if the court finds in favor of the plaintiff, a consent decree is issued, or if the municipality or state agency voluntarily complies after the suit is filed – and the court would also have the ability to waive or reduce the fees that could otherwise be charged by a municipality or agency. • Courts could require municipal and state agencies to pay plaintiffs from $1,000 to $5,000 if officials have been found to act maliciously or in bad faith. • The attorney general would be given enhanced power to enforce the public records act, and courts would be required to assess penalties on municipalities or state agencies of between $1,000 and $5,000 if a judgment initiated by the attorney general is reached against the public entity. continued on page 50

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• Copying charges would be limited to 5 cents per page. • Cities and towns could be reimbursed for the staff or vendor time necessary to comply with a request, although cities and towns could only charge the lowest rate for each employee qualified to search for, collect, segregate, redact and reproduce the requested records, and the first two hours of total employee time spent on the request must be provided at no charge. • For state agencies, there are much greater limits on fees. The first four hours of total employee time spent on the request must be provided at no charge, and no agency could be reimbursed more than $25 per hour for employee time spent on the request. • Requestors could appeal to the Supervisor of Re-

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MMA continued from page 49 Process • Cities, towns and state agencies would be required to appoint at least one records access officer to assist with all public records requests, to facilitate compliance, to report to the state annually, and to publicize the public records request process. • If feasible (as determined by the municipal executive), future upgrades to databases and computer systems should include enhancements to make it easier to comply with public records requests. (This aspect of the bill would take effect on Jan. 1, 2016.) • If the record(s) exist in an electronic format, municipalities and state agencies would be required to provide the record(s) in that format or in a commonly used electronic format if so requested by the person filing the records request. • The secretary of state would be required to promulgate new regulations on the law by July 1, 2016. • If passed by the Legislature and signed by the governor, the changes in timelines, fees, appeals and penalties proposed in H. 3858 would take effect on Oct. 1, 2016, and the requirement to appoint records access officers and publicize the public records process would take effect on July 1, 2016.

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DEP to Study ‘Primacy’ for Stormwater Permitting

he Department of Environmental Protection on November 6 announced the formation of an Advisory Committee to evaluate the possibility of seeking authorization from the U.S. Environmental Protection Agency to oversee and implement the federal Clean Water Act’s National Pollutant Discharge Elimination System program. The announcement comes two months after the MMA’s Policy Committee on Energy and the Environment supported the idea of the Baker administration pursuing authorization from the EPA to implement the NPDES program. Authorization would allow the state DEP to be the stormwater permit-issuing authority, rather than the EPA. The federal Clean Water Act requires that the Municipal Separate Storm Sewer System (MS4) permit be re-evaluated every five years to ensure 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 will likely require communities to institute more advanced programs to reduce pollutants that are discharged into rivers, lakes and bays. A state commission on infrastructure finance has estimated that implementing the EPA’s MS4 regulations would cost cities and towns as much as $18 billion over the next 20 years. The first meeting of the DEP’s Advisory Committee was held on November 23. Members, including the MMA, discussed staffing needs, cost estimates, funding, monitoring, standards and implementation. The Advisory Committee plans to meet several more times before issuing a report. Written by MMA Senior Legislative Analyst Tom Philbin. continued on page 53

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EPA says MS4 Permits May be Released Mid-Month

t a meeting with legislators on DeEPA officials said the revised permits would take into account the feedcember 2, officials from the U.S. back received during the public comEnvironmental Protection Agency ment period. announced that it expects to release revised MS4 permits as early as midAt the December meeting, hosted January. by Representative Carolyn Dykema and Senator Jamie Eldridge, EPA ReThe draft National Pollutant Disgion 1 Administrator Kurt Spaulding charge Elimination System (NPDES) stressed that the new permits will help general permit for stormwater dischargcommunities meet water quality stanes from small municipal separate storm dards and deal with the impacts of clisewer systems (MS4) in Massachusetts Kurt Spaulding mate change. came out in September 2014, and the EPA Region 1 Administrator MMA submitted comments reflecting The new permits will require public concerns about the cost and administraeducation and outreach for various autive burden that new requirements would place on diences, public participation and engagement, illicit discharge detection and elimination, and managemunicipalities. ment of stormwater runoff. The federal Clean Water Act requires that the Representatives Jeffrey Roy and William “SmitMS4 permit be re-evaluated every five years to enty” Pignatelli raised concerns about the impact and sure that it continues to protect the environment. The previous permit was issued in 2003. cost to municipalities. The state’s Water Infrastructure Finance Commission estimated that the EPA’s MS4 regulations could cost cities and towns $18 billion over the next 20 years. CONSULTING

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Charlton Town Administrator Robin Craver, chair of the MMA’s Policy Committee on Energy and the Environment, gave a municipal perspective of the impact of the regulations and spoke about stormwater coalitions and how they can provide assistance to municipalities to comply with regulations. Department of Environmental Protection Commissioner Martin Suuberg said that Massachusetts is one of three states that does not have delegated authority over stormwater. Delegation would allow the DEP to be the stormwater permit-issuing authority, rather than the EPA. On November 6, the DEP announced the formation of an advisory committee to evaluate the possibility of seeking authorization from the EPA to oversee and implement the NPDES program. The advisory committee plans to meet several more times before issuing a report. The MMA’s Energy and the Environment Committee supports the idea of the Baker administration examining whether to seek authorization from the EPA to implement the NPDES program. Written by MMA Legislative Analyst Victoria Sclafani. n

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IN THIS ISSUE • Deducting Taxes Paid • Deducting IRA Contributions • Going Outside to Sell Your Company

Smart Tax, Business & Planning Ideas fr

Deducting Taxes Paid

hen you file your 2015 federal income tax this year, you can take a standard deduction. For 2015, that’s $6,300 for single taxpayers and for married individuals filing separately; $12,600 for couples filing jointly and for certain widow(er)s; and $9,250 for those filing as heads of household. The beauty of taking the standard deduction is that it’s simple: There’s no need to gather information and scant risk of triggering an audit. However, taking the time to itemize deductions can be a tax saver. If your itemized deductions exceed the standard amounts, you’ll generally come out ahead by listing them on Schedule A of Form 1040. Indeed, the amount you can claim under “Taxes You Paid” may be enough to justify itemizing. Property Tax You can itemize the property tax you pay for your home. If you have a second home, the tax on that property also can be deducted. In fact, you can deduct any amount of tax you pay on any number of homes that were not used for business, even if they’re in different states or out of the United States. The key here is to deduct the payment for the year in which it was paid. If you had a property tax payment due in January or February 2016, for in-

JANUARY, 2016

Property tax

You can itemize th pay for your home home, the tax on t be deducted. In fa amount of tax you homes that were n even if they’re in d the United States The key here is payment for the y paid. If you had a due in January or instance, and you stance, and you sent in the payment in December When you file your 2015 federal income December 2015, t 2015, that amount can be an itemized deduction in tax this year, you can take a standard itemized deductio 2015. deduction. For 2015, that’s $6,300 If you make mo If you make monthly mortgage payments on a for single taxpayers and for married payments on a ho home, a portion of each payment might go into an esindividuals separately; $12,600 payment might go crow account for filing eventual forwarding to the property for couples filing jointly and for certain for eventual forwa tax collector. In this scenario, the property tax paywidow(er)s; and $9,250 for those filing as tax collector. In th ments are deductible for the year in which the money heads of household. The beauty of taking tax paym is actually paid out of the escrow account to the property taxthe standard deduction is that it’s simple: the year in which ing authority. There’s no needbenefits to gathertaxes” information paid out of the esc So-called “local paid by property and scant risk of triggering an audit. owners may or may not be deductible, dependingtaxing on authority. However, taking the time to itemize So-called “loca how the money is used. You also may be able to dedeductions can betax, a taxassessed saver. If your byof property owne duct personal property on the value items, itemized such as boats or cars. deductions exceed the standard be deductible, dep amounts, you’ll generally come out ahead money is used. Ou To Be Decided by listing them on Schedule A of Form whether you can d State and local income tax you paid also canmay be able t 1040. Indeed, the amount you can claim also be deducted on Schedule A. That includes amounts under “Taxes You Paid” may be enough property tax, asse continued on page 57 such as boa to justify itemizing. items,

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Financial Management continued from page 55

leased), motorcycle, boat, airplane, motor home or similar items.

withheld from paychecks as well as any estimated state or local estimated income tax you paid during the calendar year.

Last year, a Sales Tax Deduction Calculator was offered at irs.gov. The IRS asked for a few simple entries in order to illustrate the amount of state and local sales tax you could claim. Assuming the sales tax deduction is reinstated for 2015, this calculator may help you get your records ready for tax preparation. continued on page 58

For the past decade, taxpayers have had the option of deducting state and local sales tax instead of state or local income tax, if that provides a greater deduction. This provision has expired several times, only to be renewed. As of this writing, the sales tax deduction opportunity is not in effect for 2015, but it’s likely that Congress will have restored it by the end of the year.

Trusted Advice

A sales tax deduction obviously appeals to residents of states or localities with no income tax. If you live in an area with an income tax—and if you are itemizing deductions—you should see which choice provides the greater tax savings.

Not Deductible Following is a list of taxes and other expenses that are not deductible taxes: • Federal income and most excise taxes

Example 1: Marge Collins pays enough property tax to make itemizing worthwhile. When getting her records together for tax preparation, Marge discovers that she paid a total of $3,000 in state income tax in 2015. Assuming the sales tax deduction has been restored for 2015, Marge should see how much sales tax she paid last year. If the total exceeds $3,000, she probably should deduct sales tax instead of state income tax.

• Social Security, Medicare, federal unemployment (FUTA), and railroad retirement (RRTA) taxes • Customs duties • Federal estate and gift taxes

How can Marge determine the amount of sales tax she paid, throughout 2015? One way is to go through all of her receipts for the year, and calculate the sales tax she paid on purchases.

• Tax on gasoline • Car inspection fees • Assessments for sidewalks or other improvements to your property

Many people don’t keep all their receipts, though. If you’re in that category—and if the rules for 2015 are the same as they were for 2014—you can use the optional sales tax table provided by the IRS, in the instructions to Form 1040. That table shows the amount of the sales tax you’re estimated to have paid in the relevant year, depending on your income, where you live, and the exemptions you claim. Note that “income,” for this purpose, includes not only your adjusted gross income but also inflows such as tax-exempt interest and nontaxable Social Security benefits. The greater your income, the more sales tax you’re presumed to have paid. What’s more, the IRS tables don’t assume you have made any large purchases. Thus, the resulting amount from the tables can be increased by any sales tax you paid for a car (bought or

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Financial Management continued from page 57

Deducting IRA Contributions

he deadline for 2015 IRA contributions is April 18, 2016. Workers and their spouses who were under age 701⁄2 at year-end 2015 can each contribute up to $5,500, or $6,500 for those 50 and older. For traditional IRAs, income limits don’t apply. That is, those named can make contributions of these amounts to a traditional IRA. Whether those contributions will be tax-deductible is another matter. In any case, investment earnings inside an IRA will be untaxed until money is withdrawn. Deduction Limits Based on Plan Participation Worker not covered by plan. If a worker was not covered by an employer’s retirement plan in 2015, IRA contributions are deductible. Income is not an issue. Example 1: Nora Dixon, age 29, works for a

small computer graphics company that does not offer a retirement plan to its employees. Nora’s husband Oliver, also 29, is a physical therapist who is not covered by a retirement plan. Both Dixons can deduct traditional IRA contributions up to $5,500 each for 2015, no matter how much they earn. Worker covered by plan. However, for workers who were covered by an employer plan, income will determine deductibility. To deduct the maximum amount as a single filer, your modified adjusted gross income (MAGI) for 2015 must be $61,000 or less; you can take a partial deduction with MAGI up to $71,000. Over $71,000 of MAGI, single filers who are covered by an employer plan can’t deduct any IRA contribution. (For plan-participating married people filing jointly, the 2015 MAGI ceilings are $98,000 for a maximum deduction and $118,000 for a partial deduction.) Example 2: Paul and Rhona Benson, both age 44, are each covered by a retirement plan at their jobs. The Bensons had MAGI of $108,000 in 2015. That’s 50% of the way through the phase-out range continued on page 59

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The Roth Alternative

Financial Management continued from page 58 for joint tax returns. Thus, Paul and Rhona can each contribute up to $5,500 to traditional IRAs for 2015, and they can each take a $2,750 tax deduction: 50% of the maximum. One spouse covered by plan. Among married couples with higher incomes, one spouse might be able to deduct all or part of an IRA contribution. That would be the case if one spouse is covered by an employer plan, but the other spouse isn’t. The spouse who is not covered can deduct a full 2015 IRA contribution with joint MAGI up to $183,000, or a partial deduction with MAGI up to $193,000.

A taxpayer that can make a deductible traditional IRA contribution can instead make a contribution to a Roth IRA. Roth IRA contributions are never tax- deductible. However, after you’ve had a Roth IRA for five years and reach age 591⁄2, all distributions are tax-free. Your accountant can go over the tax aspects with you to help you decide between a nondeductible Roth IRA and a potentially tax-deductible traditional IRA contribution. continued on page 61

Did You Know?

Example 3: Sheila Ford, age 65, is covered by an employer plan at work, while her husband Greg, 68, is retired. Their 2015 MAGI is $175,000. Both Fords can make a $6,500 traditional IRA contribution for 2015. However, because their joint MAGI is over $118,000, Sheila can’t take any tax deduction. Greg, on the other hand, is not covered by an employer plan, so he can take a full $6,500 tax deduction because their joint MAGI is under $183,000.

couple, both aged 65 and retiring in 2015, could expect to spend an estimated $245,000 on health care throughout retirement, up from $220,000 in 2014 and $190,000 in 2005. Those numbers assume enrollment in Medicare but exclude any long-term care expenses. Reasons for the upward trend include longer life expectancies as well as antici- pated increases for medical bills and prescription drug costs. Source: fidelity.com

Note that traditional IRA contributions are available only to workers and spouses under age 701⁄2. In this example, Greg would not be able to make any IRA contribution if he were age 72, for example.

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Financial Management continued from page 59

Going Outside to Sell Your Company

or business owners who are seeking a successor, the right person might be obvious. If you have a co-owner or partner, a buy-sell agreement can set the terms; if a younger family member is willing and able, you can decide on a way to transfer control. Otherwise, there may be a key employee who’s a logical candidate—or you might hire someone to take over eventually. In some cases, though, this type of “inside” succession plan won’t be possible or practical. You’ll have to go outside to find a buyer who will take your place or who will hire someone to run the company. An outside sale can be financially rewarding, especially if there are multiple bidders, but it also may require more time and effort than a transition to someone you already know. Be Prepared

ditional payments based on the business’ future performance. The more prepared you are, from a financial as well as a personal commitment standpoint, the more likely the final terms will be agreeable.

Tax Topics The sale of an asset as valuable as a successful business probably will generate major tax issues. You’ll want to maximize the amount you’ll receive, but a huge continued on page 63

An outside buyer will want to know what he or she is getting, in great detail, so be prepared to divulge an enormous amount of information about your company. One possible approach is to get your books and records in order, then hire a reputable appraiser to value the business. With that valuation you can set an asking price, which may hold down the number of tire kickers and bring out serious buyers. Negotiations can proceed from there, and not just on the purchase price. The new buyer might want you to stay on for some period of time; in many acquisitions, the ultimate purchase price may involve some type of earnout, where you would receive ad-

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Financial Management continued from page 61 cash inflow in one calendar year is likely to result in a large amount of tax. Even if the amount is favorably taxed as a long-term capital gain, you also might trigger Â Â various surtaxes and phaseouts, so that your true after- Â Â Â Â Â Â tax amount winds up being less than you expected. Accepting an installment sale, with proceeds coming in over several years, could make the trans- Â Â action less taxing. The buyer may be more comfort- Â Â able with this arrangement as well. If an earnout is Â part of the agreement, you might be able to structure Â Â the package so that itâ&#x20AC;&#x2122;s heavy on sales taxed as capi- Â Â tal gains rates and lower on earned income, which is Â Â Â generally subject to higher ordinary tax rates. Keep in mind that the buyer will have tax concerns, too. Often, a business buyer will prefer to acquire the companyâ&#x20AC;&#x2122;s assets rather than shares of stock. Those assets may get a new basis, generating larger depreciation deductions. Such a deal structure might not be as favorable to you, the seller, but you might negotiate a plumper purchase price in return for some concessions there. Expect the buyer to have a tax professional on the team to request favorable terms. If you are selling your company to an outside buyer or to an insider, your accountant can help you come away with a taxefficient succession. Reprinted from CPA Client Bulletin. n

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Ferguson offers a complete line of products to cover all your water, sewer and storm water management needs, and our relationships with the waterworks industryâ&#x20AC;&#x2122;s top vendors give our customers peace of mind through unmatched customer service, on-time delivery, and industry leading fill rates.

FERGUSON.COM

JANUARY, 2016

Canton (781) 828-1350

North Harwich (508) 430-1696

Worcester (508) 754- 2027

ÂŠ2014 Ferguson Enterprises, Inc.

â&#x20AC;&#x153;BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOKâ&#x20AC;?

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. .................................................... 24 American Shoring, Inc.................................Ins. Back Cvr. Boro Sand & Stone Corp.............................................. 62 Dennis K. Burke, Inc....................................................... 7 C&S Insurance Agency, Inc.......................................... 38 Concrete Systems, Inc.................................................. 42 Dagle Electrical Construction, Corp................................ 8 Darmody, Merlino & Co., LLP.......................................... 9 Dedham Recycled Gravel............................................. 15 DeSanctis Insurance Agency, Inc. ............................... 58 Dig Safe System, Inc..................................................... 59 The Driscoll Agency ..................................................... 54 EJ.................................................................................. 44 Eastern Pipe Service, LLP............................................ 52 Eastern States Insurance Agency, Inc.......................... 60 Eastpoint Lasers, LLC................................................... 50 T. L. Edwards, Inc.......................................................... 61 Ferguson Waterworks................................................... 63 Foley Carrier Services, LLC.......................................... 35 Genalco, Inc.................................................................. 57 GEOD Consulting, Inc................................................... 53 L. Guerini Group, Inc..................................................... 33 HD Supply Const. & Industrial White Cap.................... 20 HD Supply Waterworks................................................... 2 A. H. Harris Construction Supplies............................... 62 Hinckley Allen, LLP....................................................... 16 JESCO.......................................................................... 47 P. J. Keating Company.................................................. 36 P. A. Landers, Inc.......................................................... 39 Lawrence-Lynch Corp................................................... 35 Lorusso Corp................................................................. 17 Lorusso Heavy Equipment, LLC................................... 12 MBO Precast, Inc.......................................................... 39 Mabey, Inc..................................................................... 52 Mass Broken Stone Company.......................................11 Milton CAT..................................................................... 40 Norfolk Power Equipment, Inc...................................... 60 North East Shoring Equipment, LLC............................. 51 NorthStar Insurance Services, Inc.................................. 6 Ocean State Oil............................................................. 63 Palmer Paving Corporation........................................... 46 E. H. Perkins Construction Co., Inc.............................. 64 Podgurski Corp............................................................. 61 E. J. Prescott, Inc....................................... Ins. Front Cvr. Rain For Rent-New England......................................... 32 Read Custom Soils ...................................................... 56 Ritchie Bros. Auctioneers............................................. 50 Rodman Ford Sales, Inc............................................... 10 Rogers & Gray Insurance Agency, Inc.......................... 26 Schmidt Equipment, Inc.....................................Back Cvr. Scituate Concrete Products Corp................................. 14 Shea Concrete Products............................................... 30 Smith Print..................................................................... 62 Starkweather & Shepley Ins. Brokerage, Inc................ 21 Systems Support Corporation.......................................11 Taylor Oil Company....................................................... 56 Ti-SALES, Inc. .............................................................. 60 Albert J. Tonry & Co., Inc.............................................. 49 Trux, Inc........................................................................... 4 United Concrete Products, Inc. .................................... 54 United Rentals Trench Safety....................................... 34 The Vellano Companies, Inc......................................... 56 C. N. Wood Co., Inc. .................................................... 18 Woodco Machinery, Inc................................................ 48

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JANUARY, 2016

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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