Construction Outlook June 2018 by Ucane

JUNE | 2018

A PUBLICATION OF THE UTILITY CONTRACTORS’ ASSOCIATION OF NEW ENGLAND, INC.

• The SJC Weighs in on Termination for Convenience • Prevailing Wage Basics from the AG’s Office

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OFFICERS

IN THIS ISSUE

President RICHARD PACELLA, JR.

3 President’s Message:

President-Elect MARCELLA ALBANESE

5 Legislative Update:

R. M. Pacella, Inc.

Albanese Brothers, Inc.

Treasurer RYAN McCOURT

McCourt Construction Company

Secretary BRIAN COONEY

C. C.Construction Inc.

BOARD OF DIRECTORS GREG ANTONELLI GTA Co., Inc.

VINCENT BARLETTA

Barletta Heavy Division

TONY BORRELLI

Celco Construction Corp.

BEN CAVALLO

C&S Insurance Agency

ANDREW DANIELS J. Derenzo Co.

GREG FEENEY

Feeney Bros. Utility Services

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

NICK GAMACHE

Rain for Rent - New England

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

MIKE GORMAN

E. J. Prescott, Inc.

BILL LEONARD

Aqua Line Utility, Inc.

AL MORTEO

FED. CORP.

JOHN OUR

Robert B. Our Co., Inc.

JOSEPH PACELLA

RJV Construction Corp.

PAUL SCENNA

Albanese D&S, Inc.

CHRIS VALENTI

GVC Construction, Inc.

KEN VOGEL

WES Construction Corp.

DAVID WALSH

Pawtucket Hot Mix Asphalt

ANNE KLAYMAN

Executive Director

UCANE’s Work Continues to Make an Impact • UCANE Weighs in Again on Lingering Questions Surrounding Paid Family and Medical Leave Proposals • Baker-Polito Administration Releases Funding For Municipal Vulnerability Preparedness • Massachusetts Senate Passes FY19 Budget Proposal • U.S. EPA: Charles River is Getting Much Cleaner • MassDOT Releases Updated Five Year Capital Improvement Program

15 Legal Corner: The SJC Weighs in on Termination for Convenience

19 UCANE Travels to Washington D.C. to Participate in Infrastructure Week 27 Spotlight on Cape Cod:

Harwich Passes $24.8M Request for Wastewater Plan

28 How Clean is Boston Harbor? 37 Safety Corner:

Think It Can’t happen to You? How to Respond to a Trench Collapse

40 Trench Safety Stand Down Week June 18-23, 2018 41 UCANE Joins the National Utility Contractors’ Association to Promote Jobsite Trench Safety 43 UCANE’s 39th Annual Golf Classic 44 UCANE’s 44th Annual Scholarship Awards Night 61 The Opioid Crisis: Waging Battle Against a Deadly, Costly Problem Part 2 67 Prevailing Wage Basics from the Office of the Attorney General 69 America’s Water Infrastructure is Failing - But Here’s How We Could Start to Fix It 71 Financial Management:

• IRS Okays Home Equity Deductions • Buck Market Volatility with a Retirement Bucket Plan • Coping with Summer Vacations at Your Small Business

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

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UCANE’S Work Continues to Make an Impact Summer is here. Schools will be out soon, and families will be swarming to Massachusetts beaches, lakes, ponds, and rivers to partake in all the outdoor activities that the warm weather allows us to enjoy. Residents have many locations to choose from, which wasn’t the case just a few years ago. And that is because of the work UCANE members have done to dramatically improve water quality in our state and region.

oston area beaches, such as Carson Beach in South Boston, can now boast some of the cleanest water in the nation, not just the state. This was unthinkable 20 years ago. Most people were afraid to go near Boston Harbor or the Charles River, much less swim or participate in recreational activities. But thanks to the Clean Water Act, and the work of UCANE members on behalf of the MWRA and area municipalities, that has changed. The construction of Deer Island, completion of combined sewer overflow (CSO) projects and other water infrastructure improvements have brought residents back to beaches and has been the single biggest reason for Boston’s economic development boom and the renaissance along the waterfront. Recent reports from Save the Harbor/ Save the Bay and the EPA continue to give high grades to our area. Save the Harbor/ Save the Bay issued their annual Beach Water Quality Report for 2017 and found that area beaches were safe for swimming JUNE, 2018

94% of the time, a percentage that has been consistent the past few years. Meanwhile, the EPA gave the Charles River an “A-” for its water quality in 2017. This is a dramatic change from the “D” it received on its initial report card in 1995, when on most days the river wasn’t even safe for boating. This good news about our water quality does not mean in any way that our work is done. It should serve as a reminder that unless we properly invest in our water infrastructure, we could easily be back in the dark and dirty days before 1995. We are still facing a $21 billion gap in funding over the next 20 years, and this figure does not include the several billion dollars needed for stormwater and climate resiliency efforts. One need only look at the Merrimack River, where nearly 400 million gallons of raw or partially treated sewage was spilled from aging pipes and plants in 2017, to see that we have a long way to go. Without adequate funding and incentives to our cities and town, we may once again be forced to “love that dirty water.” n

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UCANE Weighs in Again on Lingering Questions Surrounding Paid Family and Medical Leave Proposals

he Massachusetts legislature has been busy this legislative session trying to avoid having certain policy matters go straight to the ballot in November. One of those matters is the issue of paid family medical leave. House Bill 2172/House Bill 3134/Senate Bill 1048, Acts Establishing a Family and Medical Leave Insurance Program, would create a family and medical leave insurance program under the Massachusetts Executive Office of Labor and Workforce Development. The new program would be funded by “to be determined” employer contributions. Employees will apply to the fund for benefits. While setting staggered implementation periods, an employee could receive 50% salary replacement levels as early as 2019 with the level increased to 90% by January of 2021. Such calculations will be adjusted accordingly based on the consumer price index for the greater metropolitan Boston area. Proponents of the legislation have also established a track for bringing the matter directly to voters in November of this year through a ballot question – something the Massachusetts legislature is working to avoid. Given the breadth and reach of these legislative proposals, UCANE has again expressed concern that the legislation presents a myriad of challenges. Accordingly, UCANE has followed up its initial letter of last summer with new correspondence, sent at the end of May, to seek answers to lingering questions surrounding the proposals. In particular, UCANE has asked the Chairmen of the Joint Committee on Labor and Workforce Development to consider the importance of the following: • Clearly Defining “Wages” and “Benefits”. Any definition of “wage” and “benefits,” as well as the mechanism for the provision of these items, should be clearly defined so that employers understand exactly what they are required to provide an employee who avails himself or herself of this program.”

JUNE, 2018

•

Reasonableness of Benefits Provided. The provision of “wages” and “benefits” must also be reasonable to avoid creating an incentive for individuals to “game the system”...Consider reducing the proposed “wage” and “benefits” proposed under these bills to more closely align with existing programs within the Commonwealth and proven, viable family and medical leave programs implemented in other states. • Recognition of the Proposal’s Impact on Construction Businesses. It is our sincere hope that the Committee will consider, specifically, what the impact of any “family and medical leave” proposal will have on seasonal employees and employers. Construction companies will not shirk their responsibilities to be good employers, but what works for a company which employs a generally consistent, year round workforce may not work for a company that sees large employee growth during heightened times of work and then significant reduction immediately thereafter. • Staggered Implementation of Any New Program. Many construction projects are multi-year projects that have been bid and awarded much earlier. To that end, please consider staggering the implementation date of any proposed projects so that contractors currently engaged in multi-year contracts do not suffer previously unexpected costs that may lead to financial loss. The Massachusetts legislature has convened a working group of proponents and opponents to the paid family and medical leave initiative in the hopes of reaching a compromise before the end of formal legislative sessions on July 31. Twenty-one states currently have pending legislation for paid leave laws, in addition to the five states and District of Columbia that have paid family leave laws already. A compromise is likely to emerge on this issue before the end of formal sessions to avoid a costly and potentially divisive ballot question campaign. continued on page 7

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Legislative Update continued from page 5

Baker-Polito Administration Releases Funding For Municipal Vulnerability Preparedness

ccording to a press release from the Executive Office of Energy and Environmental Affairs (EEA), the Baker-Polito Administration announced over $5 million in grant funding to 34 cities and towns across the Commonwealth for projects to improve their resilience to climate change through Municipal Vulnerability Preparedness (MVP) Program Action Grants. This is the second phase of the grant and designation program, which builds on Governor Baker’s Executive Order 569, as well as other administration-led state and local partnerships and is intended to build on outcomes from a state-funded and community-driven comprehensive assessment of municipal climate change hazards. The 34 Action Grant awardees, representing about 10 percent of municipalities across all regions of the Commonwealth, were announced by Lieutenant Governor Karyn Polito as part of a tour of a project site in Peabody. Funding for the MVP program has been more than $7 million over two years to help communities prepare for climate change and build resilience. To participate in the MVP program, communities first

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apply for Planning Grants, which are used to complete a community-based workshop process to identify key climate-related hazards, vulnerabilities, and strengths, and prioritize next steps to address climate change impacts. Upon successful completion of the planning process, municipalities are designated as a “Municipal Vulnerability Preparedness program community.” Designated MVP communities can then apply for MVP Action Grants to implement key priorities and projects identified through the planning process. These projects include follow-up vulnerability assessments, design studies, local bylaws and ordinances, redesigns and retrofits, natural infrastructure and storm protection, and education and outreach. The program is led by an experienced Project Coordinator from the town with a core team of town staff and volunteers representing town planning departments, emergency managers, conservation commissioners, economic councils, the business community, and other key stakeholders. There are currently 156 MVP communities across the state, representing 43 percent of the state’s municipalities. The MVP Action Grants were open to all municipal governments in Massachusetts in FY18 that have received MVP designation. Projects that proposed nature-based solutions or strategies that rely on green infrastructure or conservation and enhancement of natural systems to improve community resilience received higher scores. As part of the Baker-Polito Administration’s commitment to combat and prepare for climate change, Governor Baker recently also filed legislation to authorize over $1.4 billion in capital allocations for investments in safeguarding residents, municipalities, and businesses from the impacts of climate change, protecting environmental resources, and investing in communities. The legislation would put into law essential components of Governor Baker’s Executive Order 569, which established an integrated strategy for climate change adaptation across the Commonwealth, including the MVP program and the Statewide Hazard Mitigation and Adaptation Plan. The funding available through these grant programs builds upon the Baker-Polito Administration’s ongoing efforts to mitigate and adapt to climate change. To identify which communities will receive funding to complete the planning process, please visit: https://www.mass.gov/news/baker-polito-administration-awards-climate-vulnerability-preparednessfunding-to-82 continued on page 9

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Legislative Update continued from page 7

Massachusetts Senate Passes FY19 Budget Proposal

he Massachusetts Senate passed its FY19 budget proposal at the end of May. The $41.49 billion budget for FY19, according to the Senate Committee on Ways and Means, “targeted investments to create opportunities and ensure access to the tools that individuals, children, and families need to succeed in the economy and in their communities.” The Senate budget also limited the use of one-time revenue sources and directed $88.5 million to the state’s Stabilization Fund. Of particular interest to UCANE, there were a number of appropriations relative to the Commonwealth’s ability to address underground infrastructure, including but not limited to: • Funding for the administration of the Massachusetts Department of Environmental Protection (MassDEP) was $24,712,344. The House budget proposal included greater funding for the MassDEP at approximately $29 million. • Funding for the contract assistance line-item, 1599-0093, was $63,383,680 in both the House

and Senate. This line-item supports the work of the Clean Water Trust in its efforts to fund water infrastructure projects throughout the Commonwealth. • Funding for the Underground Storage Tank (UST) program under Mass. Gen. Laws ch. 21J was set at $8 million – the same amount appropriated by the House. The UST program pays for the replacement of single lined fuel tanks to double lined fuel tanks for eligible entities. There is currently a large backlog of unpaid claims. • The Commonwealth Rate Relief Fund, which was funded at $1.1 million in the House FY19 budget, was not included in the Senate budget proposal. The House and Senate will now reconcile their differences in a Conference Committee report before submitting a proposed FY19 budget to the Governor towards the mid-to-latter part of June. UCANE will be submitting letters of support for higher appropriations, where applicable, for the aforementioned items. continued on page 11

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Legislative Update continued from page 9

U.S. EPA: Charles River is Getting Much Cleaner

he United States Environmental Protection Agency (EPA) recently announced that it had given the Charles River a grade of “A-” for bacterial water quality in the river during 2017. This is only the second time the river has earned a grade as high as an “A-,” with both occurring in the past five years. The EPA grade for water quality in the lower Charles River is based on bacterial sampling conducted by the Charles River Watershed Association (CRWA) over the 2017 calendar year. CRWA collects monthly water quality samples at ten monitoring sites from the Watertown Dam to Boston Harbor. In 2017, the Charles was meeting the state’s bacterial water quality standards for boating 95% of the time, and for swimming 72% of the time. This is the 23rd year the EPA has issued a Charles River Report Card. The Charles River grade is determined by comparing the amount of time the river meets water quality standards to the certain criteria. An “A” score means that the Charles River “almost always met standards for boating and swimming” while a “B” score would mean that it “met standards for almost all boating and some swimming.” The lower Charles River has improved dramati-

cally from the launch of EPA’s Charles River Initiative in 1995, when the river received a “D” for meeting boating standards only 39% of the time and swimming standards just 19% of the time. The water quality improvements are due to significant reductions in the amount of Combined Sewer Overflow (CSO) discharges to the river over the past 24 years, as well as enforcement of water quality standards and removal of illicit discharges. Illicit discharges often consist of cracked and leaking sewer pipes or improper sewer connections to the storm drain system. According to the EPA, an updated Municipal Separate Storm Sewer System (MS4) permit for Massachusetts, which takes effect in July 2018, will encourage further progress to reduce harmful amounts of nutrients contained in stormwater runoff. The new MS4 permit will build upon past work, and update stormwater management efforts across Massachusetts, better protecting rivers, streams, ponds, lakes, and wetlands across the Commonwealth. For more information on how the EPA and partner organizations are addressing water quality in the Charles River, visit: www.epa.gov/charlesriver. continued on page 13

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Legislative Update continued from page 11

MassDOT Releases Updated Five Year Capital Improvement Program

s reported by the State House News Service, Massachusetts Department of Transportation (MassDOT) personnel recently outlined the Commonwealth’s $17.2 billion capital spending plan for the next five years. The capital plan includes spending a total of $9.2 billion, including $928 million for highway pavement, $1.4 billion for highway construction, and $180.6 million for the construction of multi-use paths. For the MBTA, which represents approximately $8 billion of the capital budget, the plan includes $938 million for track, signal, and power upgrades, $416 million for bridge and tunnel work, and $1.2 billion for the Green Line Extension over the next five years.

account for over 78% of MassDOT’s investments. •

Municipal Intake Tool. A new tool was launched in 2017 to help municipalities initiate Highway Division projects to be considered for investment by MassDOT or their respective Metropolitan Planning Organization (MPO). This tool streamlines and improves what used to be a paper-driven process, which required substantial manual entry of data. The tool will continue to be improved and will be expanded to other MassDOT Divisions, including the MBTA.

•

Aligning the CIP and STIP. MassDOT adjusted its planning periods to ensure that the development of timelines within this Capital Improvement Plan (CIP) and the State Transportation Improvement Plan (STIP) were aligned so that all applicable investments are identified in each document. According to the CIP report, it is important for the CIP to more accurately reflect regional priority projects identified by the MPOs to reflect a true partnership.

The new five-year plan is $234 million larger than the capital investment plan for fiscal 2018-2022. Federal funding makes up $4 billion of the revenue sources for MassDOT projects over the next five years and $3.6 billion for MBTA projects. Among the priority areas the updated plan addresses includes: •

Reliability. The proposed plan maintains the strategy to invest first in the reliability of the transportation system, followed by modernization and, as a final priority, expansion. For the 2019-2023 plan, emphasis has shifted to modernization of our assets with our programmed investments. Reliability and Modernization combined to

MassDOT has made the capital improvement plan available online for ease of viewing. The report can be found at: https://arcg.is/1iriTf. Visiting the aforementioned link provides additional information about public participation by clicking on the “Participate” tab. n

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The SJC Weighs in on Termination for Convenience Despite the prevalence of termination for convenience clauses in construction contracts, there has been little caselaw in Massachusetts addressing such provisions. That needle moved on May 2, 2018, when the Massachusetts Supreme Judicial Court discussed termination for convenience rights in detail in A.L. Prime Energy Consultant, Inc. v. Massachusetts Bay Transportation Authority, 479 Mass. 419 (2018) (“A.L. Prime Energy”). In short, valid convenience termination provisions are generally enforceable in accordance with their plain meaning.

he decision in A.L. Prime Energy arose out of the MBTA’s procurement of ultra-low sulfur diesel fuel for a two-year period. The bid documents included a copy of the contract, which included a termination for convenience provision. The termination for convenience provision stated that the MBTA may, in its “sole discretion,” terminate “all or any portion” of the contract “at any time” for the MBTA’s “convenience and/or for any reason.” The MBTA awarded the contract to A.L. Prime Energy in July of 2015 and the contract took effect that September. Meanwhile, the Commonwealth had separately sought bids for a statewide supply of ultra-low sulfur diesel fuel for executive branch agencies. Under that procurement, the Commonwealth executed a contract with another contractor in June of 2015. Roughly a year after awarding its contract to A.L. Prime Energy, the MBTA advised A.L. Prime Energy that it could achieve cost savings by opting into the Commonwealth’s separate statewide contract. The MBTA then formally notified A.L. Prime Energy that it was terminating the contract for convenience, prompting A.L. Prime Energy to file an action. The question for the SJC was whether the MBTA could terminate its contract with A.L. Prime Energy simply to obtain cost savings. The SJC answered “yes.”

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A.L. Prime Energy urged the Court to follow federal law indicating that a public agency cannot terminate a contract for convenience simply to obtain a lower price. The Court declined to do so, noting that Massachusetts courts enforce contracts in accordance with their clear and plain meaning. According to the SJC, the right to terminate the contract “for any reason,” necessarily included the MBTA’s decision “to cut costs.” And because the contract provided for payment to the contractor in the event of a convenience termination, the clause did not enable the MBTA to freely abandon the contract; there was continued on page 17

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Legal Corner continued from page 15 consideration for the MBTA’s right to terminate for convenience. There were no other facts to suggest that the MBTA had acted in bad faith. As a result, the Supreme Judicial Court concluded that A.L. Prime Energy’s claims against the MBTA should have been dismissed. The Court’s decision focused largely on the specific language of the MBTA’s termination for convenience provision. The language was clear, afforded the contractor a remedy in the event of a convenience termination, and granted the MBTA broad discretion to terminate. Notably, the Court rejected an argument that the termination for convenience clause conflicted with principles of public bidding, stating that “[i]f a contract clearly defines the public entity’s right to terminate, the bidders are equally on notice of such a possibility.” To a degree, the decision is not all that surprising in light of established principles of contract interpretation in Massachusetts. But the SJC’s decision is important because it confirms that termination for convenience clauses are generally enforceable in the world of public contracts so long as they are supported by consideration and clearly establish the framework for termination. n

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UCANE Travels to Washington, D.C. to Participate in Infrastructure Week UCANE staff and president recently traveled to Washington, D.C. to participate in Infrastructure Week as part of the Clean Water Construction Coalition (CWCC) to discuss local and national water infrastructure issues with members of the Massachusetts Congressional delegation, as well as fellow CWCC members from around the country. UCANE President Richard Pacella Jr. of R.M. Pacella, Inc., Mike Lenihan, former president of J. D’Amico, Inc. and current UCANE consultant, and Jeff Mahoney, Assistant Executive Director, represented UCANE in D.C. Some of the issues advocated by UCANE and discussed with members of our congressional delegation included:

•

Clean Water and Safe Drinking Water SRF Funding: Increase •

•

The Coalition’s number one priority continues to be its support for the Clean Water State Revolving Fund (CWSRF) and the Safe Drinking Water State Revolving Fund (SDWSRF). Accordingly, the Coalition requested $4 billion for the CWSRF and $2 billion for the SDWSRF in the FY19 Interior, Environment, and Related Agencies Appropriations bill. The need for this investment is without question. The American Society of Civil Engineers 2017 comprehensive assessment of our nation’s major infrastructure documents that drinking water and wastewater infrastructure is in poor condition with many elements approaching the end of their service life. Moreover, according to their findings, a large portion of the system exhibits significant deterioration, with condition and capacity under strong risk of failure. Failures are costly. By one U.S. Geological Survey estimate, the value of lost water just from water main breaks is $2.6 billion annually. Moreover, the Environmental Protection Agency’s latest survey of capital improvement needs for public water systems indicated that water systems need an investment of $334.8 billion for drinking water infrastructure improvements over the next 20 years to ensure the provision of safe water compliance with Safe Drinking Water Act regulations and security-related needs. An additional $298 billion is needed for wastewater infrastructure. About 60 percent of this infrastructure need is associated with pipe replacement, and there continues to be a gap between estimated needs and funding, particularly for small communities, along with a broader need for cities

JUNE, 2018

•

to maintain, upgrade, and expand infrastructure. Critical funding for the SRF programs not only helps ensure safer and cleaner water, but is vital to property values, tourism, and recreational and commercial fishing, all of which provide longterm benefits to our economy. Because of the funds’ revolving nature, the Federal investment can result in the construction of up to four times as many projects over a 20-year period as a one-time grant, according to the EPA. Moreover, according to the National Association continued on page 21

UCANE Consultant Mike Lenihan and UCANE President Richard Pacella, Jr. of R. M. Pacella, Inc. at the CWCC Fly-In in Washington D.C.

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HDSWC_UCANE Ad_6.74x9.375_OL.pdf

4/25/18

3:13 PM

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JUNE, 2018

CWCC Fly-In continued from page 19

•

To achieve these objectives, the Federal permitting and review processes must provide a transparent, consistent, and predictable path for both project sponsors and affected communities. They must ensure that agencies set and adhere to timelines and schedules for completion of reviews, set clear permitting performance goals, and track progress against those goals. They must encourage early collaboration among agencies, project sponsors, and affected stakeholders in order to incorporate and address their interests and minimize delays.

•

As a first step, the Coalition supports the April 9, 2018 Federal agency memorandum of understanding to cut permitting time for large infrastructure projects to two years. Signatories of the agreement include the Energy, Interior, Transportation, and Agriculture departments as well as EPA, the Federal Energy Regulatory Commission, and the Army Corps of Engineers. One Federal agency will take the lead on permitting, issuing a single environmental impact statement for the entire federal government. The lead agency will be able to set timetables for other agencies to conduct the necessary review processes concurrently, and elevate interagency disputes, with the goal of getting the entire process within two years. The Coalition also supports congressional legislative continued on page 23

of Clean Water Agencies, for every $1 billion spent on clean water infrastructure in the U.S., 28,500 new jobs are added, $3.4 billion is added to the Gross Domestic Product (GDP), and overall personal income is boosted by $1.1 billion.

Permit Approval Process: Streamline •

The Coalition supports streamlining the Federal permit approval process to two years and eliminating regulatory duplication for SRF and WIFIA projects.

•

The quality of our Nation’s infrastructure depends in critical part on Federal permitting and review processes, including planning, approval, and consultation processes. These processes inform decision-makers and affected communities about the potential benefits and impacts of proposed infrastructure projects, and ensure that projects are designed, built, and maintained in a manner that is consistent with protecting our public health, welfare, safety, national security, and environment.

•

Given these, it is critical that Federal departments and agencies take all steps within their authority to execute Federal permitting and review processes with maximum efficiency and effectiveness.

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CWCC Fly-In continued from page 21 actions that support these same end goals.

Voluntary Fee National Water Trust Fund: Establish •

The Coalition supports the establishment of a National Water Trust Fund that would be financed by a voluntary fee on water “products,” with 50% of the funds collected deposited into the Clean Water SRF program and the other 50% in the Safe Drinking Water SRF program.

•

Considering the importance of clean water infrastructure to the well-being of the American people and to our economy, it is critical that the Federal government remains a reliable partner in meeting the nation’s clean water needs. The Coalition has long supported a national clean water trust fund as a way to put real and reliable money on the table to help communities meet Clean Water Act goals. Every dollar directed to the CWSRF enhances clean water for all.

•

A separate water trust fund financed by its own dedicated revenue source would help avoid the challenges and pitfalls of the annual appropriations process while also ensuring much needed funding. Establishment off a voluntary fee national trust fund is the cornerstone of H.R.1647, the Water Infrastructure Trust Fund Act, introduced on a bipartisan basis. The bill would establish a voluntary Federal trust fund for investments in clean water infrastructure. Under the proposal, the makers of water-based beverages and flushable products could opt to put a clean water logo on their products in exchange for a 3-cent fee. The revenue from this fee, estimated by GAO at approximately $7 billion annually, would go into a Water Infrastructure Investment Trust Fund, of which 50% would go towards replenishing the CWSRF and the other 50% to the SDWSRF.

Private Activity Bond: Change •

•

The Coalition supports various changes to the treatment of private activity bonds including removal of state volume caps and allowing broader categories of eligibility. The Federal tax code allows state and local governments to use tax-exempt bonds to finance certain projects that would be considered private activities. The private activities that can be financed with tax-exempt bonds are called “qualified private activities.” Congress uses an annual state volume cap to limit the amount of tax-exempt bond financing generally and restricts the types of qualified private activities that would qualify for tax-exempt financing to selected projects defined in the tax

JUNE, 2018

(L-R) UCANE Assistant Executive Director Jeff Mahoney, Massachusetts Congressman Jim McGovern, UCANE President Richard Pacella, Jr., and UCANE Consultant Mike Lenihan code. The economic rationale for the federal limitation on tax-exempt bonds for private activities stems from the inefficiency of the mechanism to subsidize private activity and the lack of congressional control of the subsidy absent a limitation. •

The state volume capacity limit has increased from $150 million and $50 per capita in 1986 to the greater of $311.38 million or $105 per capita continued on page 25

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CWCC Fly-In continued from page 23 in 2018. However, because of the $311.38 million floor, many smaller states are allowed to issue relatively more private activity bonds (based on the level of state personal income) than larger states. This disparity arises from the two-part volume capacity calculation, which provides for a minimum of $311.38 million, regardless of state population. In addition, states that have total personal income below the national average would also have a relatively high debt allowance as measured against personal income. •

and several other associated groups. The states represented in the Coalition account for approximately 72 percent of the total annual funding for the Wastewater and Drinking Water SRF programs nationally. The CWCC is a member of the US Water Alliance and is working within that framework with partners to ensure that clean, reliable water is available for all, now and in the future. n

Since private activity bonds were defined in 1968, the number of eligible private activities has been gradually increased from 12 activities to 27. However, a number of key infrastructure activities are still subject to the volume cap including sewage facilities, privately-owned solid waste disposal facilities, qualified hazardous waste facilities, and private high-speed intercity rail facilities.

The Clean Water Construction Coalition (CWCC) was formed in 2006 by several of the largest construction associations from across the country that came together to promote federal legislation that improves water and wastewater infrastructure nationally. CWCC includes 27 dedicated associations representing over 10,000 firms

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JUNE, 2018

Harwich Passes $24.8M Request for Wastewater Plan HARWICH — Town meeting took major steps to address water quality on Monday night (May 7), passing all wastewater-related articles, including a request for nearly $24.8 million for the second phase of the town’s comprehensive management plan.

his is the largest of the four debt exclusion votes the town will face this year. The amount approved was $2.4 million higher than the original estimate, which proponents said represented a more solid number. It will pay for construction of a network of pipes and pumps to carry wastewater from an estimated 690 East Harwich parcels, 639 of which have already been developed. It also will fund a specialized connection to the Chatham sewage collection system. Voters also unanimously decided to support a clean water partnership with Dennis and Yarmouth. The three towns have been talking about a shared wastewater treatment plant. Selectman Larry Ballantine said it would save the town millions, at least 20 percent on the cost of the town building its own plant and $1 million a year in operating costs. Voters also approved creating a Sewer Enterprise Fund to cover costs of a sewer utility. The funding for the second phase of the wastewater plan will take a simple majority vote at the May 15 annual town election to authorize the borrowing over a 30-year time frame, but taxpayers likely will not feel any impact until the fol-

JUNE, 2018 2016 SEPTEMBER,

lowing fiscal year, when construction will likely begin. Even then, the full brunt of the impact will be muted somewhat by a phased-in approach that initiates borrowing as needed. If the entire project were financed at once, that first year’s payment would be $1.23 million, based on the original estimate of $22.45 million, and taxes on a home with a median assessed value of $377,300 would increase by roughly $87. That estimate is also dependent on whether the project qualifies for a low-interest loan from the state. Written by Doug Fraser. Reprinted from the Cape Cod Times. n

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

27 00

HOW CLEAN IS

Boston Harbor?

Massachusetts Water Resoures Authority “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” JUNE, 2018

Dear Customer, Every June, you receive a detailed report on your drinking water. We thought we should also tell you something about your sewer system and the health of Boston Harbor and its tributary rivers. Since its creation in 1984, MWRA has completed several large-scale projects including the state-of-the-art sewage treatment plant on Deer Island that treats an average of 350 million gallons of wastewater each day from 43 communities in greater Boston. The sludge that used to pour daily into Boston Harbor is now recycled into commercial fertilizer, and nearly all of the overflows of raw sewage that used to spill into rivers or onto local beaches during heavy rains are now sent to the sewer system or receive treatment. Now healthy, Boston Harbor has attracted people and economic development back to the waterfront. Boston now boasts the cleanest urban beaches in the country, and swimming in the Charles River is close to becoming a reality. And our Board of Directors and staff are committed to keeping it this way: we have a nationally recognized maintenance program in place to protect these investments to ensure that we never again ignore this critical infrastructure. We hope you find this information interesting. For more information on this or any of MWRA’s programs, please visit our website at www.mwra.com or contact us. Sincerely, Frederick A. Laskey Executive Director

Massachusetts Water Resoures Authority continued on page 31

stormwater into the MWRA is governed by an 11-member Board of Directors who areand appointed by the Governor or directly or indirectly by elected officials in MWRA customer communities. TheMystic current members Charles, and are: Matthew A. Beaton, Chair Secretary, Executive Office of Energy & Environmental Affairs Neponset rivers and onto GENERAL CONTRACTOR John J. Carroll, Vice Chair General Manager, Norwood (Retired) to prevent flooding Manufacturer and Installer of Bituminous beaches Concrete Products Andrew M. Pappastergion, Sec. Commissioner, Brookline Department of Public Works into streets and basements. Austin F. Blackmon 100 Wales Avenue-Rear Chief of Environment, Energy and Open Space, Boston 226 Nicks Rock Road Avon, MA 02322 Plymouth, MA 02360 2015, the Kevin L. Cotter Business Manager, Plumbers andCompleted Gasfitters Localin12 (Retired) Office: 508-583-2029 Scale House: 508-732-9148 Plant: 508-587-6953 Asphaltincluded Plant: 508-732-9140 Paul E. Flanagan Fire Chief and Director of Emergency Management, Winthrop program 35 www.tledwards.net Joseph C. Foti Deputy Administrator and Chief ofseparate Operations,projects MassDOT Highway Div. in Boston, Brian Peña Commissioner, Lawrence Water and Sewer Department Cambridge, Brookline, Henry F.JUNE, Vitale2018 Executive Director, Boston Water and Sewer Commission “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” Chelsea and Somerville. 29 John J. Walsh Retired Engineer and Community Activist, Quincy

and not into hou cool sew To d and into coo

rivers and the harbor.

MWRA continued from page 29

and stormwater into the Charles, Mystic and Neponset rivers and onto beaches to prevent ﬂooding Massachusetts Water Massachusetts Water into streets and basements. Resoures Authority Resoures Authority

Completed in 2015, the program included 35 separate in Boston, andinto stormwater into the and stormwater the projects Charles, and Charles, Mystic and Mystic Cambridge, Brookline, water. We thought ought Neponset rivers and onto Neponset rivers and onto m and Chelsea and Somerville. alth of the health of beaches to prevent flooding beaches to prevent flooding Over 100 and miles of new intobasements. streets basements. into streets and arge-scale projects jects storm Completed in 2015, thedrains Completed insewers 2015, theand Deer at Island that program included 35 program included 35installed. were Major ch 3 day from 43For Over One Hundred Years, the separate projects in Boston, separateprojects projects in included Boston, a storage our daily into Boston Boston disposal of the daily waste of Boston Brookline, Cambridge, Brookline, Cambridge, rly all of the tunnel in South Boston that Chelsea and Somerville. and its surrounding communities Chelsea and Somerville. nto hes local beaches Over 100 miles of newthat used Over 100 miles of new captures discharges received only limited treatment before eceive ent. treatment. sewers and storm drains sewers and storm drains to causeMajor beach closures, beingFor dumped right intoOne Boston Harbor. onomic installed. Major and an pment development ForHundred Over Hundred were installed.were Over One Years, the Years, the rban innovative stormwater wetland in projects included a storage It the wasdisposal only 30 years that the in thebeaches in projects included a storage disposal of the waste of Boston of the dailyago waste ofdaily Boston oming And tunnel in South Boston ty. And a reality. tunnel in South Boston that and itsas surrounding communities andwas its surrounding communities Cambridge that includes plantthat and Harbor known the “dirtiest it this way: we have captures discharges that used we have only limited treatment before captures discharges that used received onlyreceived limited treatment before wildlife habitats andclosures, naturaland flood in America.” dumped Today, right it’s the protect these harbor toclosures, cause beach an into Boston Harbor.to cause beach and an being dumpedbeing right into Boston Harbor. tical control. It notwetland only improves sparkling ofthat the city. ture.infrastructure. innovative stormwater in was only 30 years agoThe that the innovative stormwater in wetlandwater It wascenterpiece only 30Ityears ago the Cambridge includes plant andbut also Harboraswas as the “dirtiest Cambridge that includes plant and Brook, was known theknown “dirtiest quality in thethat Alewife Harbor Clean-up is widely onBoston this Harbor nnformation this wildlife habitats and natural flood harbor in America.” Today, it’s the wildlife habitats and natural flood America.” Today, it’s the or harbor inas mww.mwra.com or provides a new and unique recreational recognized one of the nation’s It not only improves water sparklingofcenterpiece of the city.control. The It notcontrol. only improves water sparkling centerpiece the city. The educational open space. greatest environ-mental inBrook, the Alewife Brook, but also Boston Harbor Clean-up is widelyquality inand the quality Alewife but also Boston Harbor Clean-up isachievements. widely provides a newrecreational and unique recreational one of the nation’sprovides a new and unique recognized asrecognized one of the as nation’s

CSOand discharges decreased by over The federal order that droveachievements. the and educational educational open space. greatest environ-mental open space. have greatest court environ-mental achievements. 2.7 billion gallons a year andby93% clean-up of Boston Harbor called not CSO CSO discharges have over of the The order federal court order thedischarges have decreased by decreased over The federal court that drove thethat drove remaining discharges are 2.7 billion gallons a year and treated 93% of thebefore only for the construction of new clean-up of Boston Harbor notbillion gallons a year and 93% of the clean-up of Boston Harbor called not called2.7 remaining discharges are treated before only for the construction of new remaining discharges are treated before only for the construction of new being released. In 2020, MWRA must wastewater treatment facilities at Deer being released. In 2020, wastewater treatment facilities atbeing Deerreleased. In 2020, MWRA must MWRA must wastewater treatment facilities at Deer submit to court the court the results Island, butbut thethecontrol ofcombined combined nted byor the Governor orIsland, vernor thefederal federal court the results Island, but control of combined submit to thesubmit federalto the results control ofthe The current members are: mbers are: of a ofthree-year assessment a three-year performance performance sewersewer overflows (CSOs) old pipe– old pipeof a three-year sewer overflows (CSOs) performance assessment assessment overflows (CSOs) ––old pipe nvironmental Affairs networks thatnetworks Affairs to demonstrate the program’s success. that dumped both sewage the program’sthe success. dumped both sewage to demonstrate program’s success. networks that dumped both sewage to demonstrate

Public Works Space, Boston ers Local 12 (Retired) tired) nagement, Winthrop nthrop tions, MassDOT Highway Div. Highway Div. er Department er . Commission t, Quincy ley

continued on page 33

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HOW CLEAN IS Boston

MWRA continued from page 31

Mystic River

Harbor?

Before Improvements 1989-1991

Chelsea Creek

DEER ISLAND TREATMENT PLANT

Inner Harbor Charles River

BOSTON HARBOR BACTERIA: THE LIGHTER THE BLUE, THE BETTER MWRA measures Enterococcus, a bacteria associated with human and animal waste, at more than 60 sampling locations. The data are used to estimate values for areas not sampled.

Enterococcus Bacteria In Wet Weather Before Improvements

Sewage eﬄuent and solids were discharged daily into Boston Harbor through outfalls near the Deer Island and Nut Island treatment plants. Dorchester Bay Quincy Bay

LEGEND Geometric mean (number of bacteria, colonies per 100 ml sample). Lighter blue shading indicates lower bacteria counts.

NUT ISLAND TREATMENT PLANT

0-5 6-10 11-35 36-104

Neponset River

MWRA has been monitoring water quality in Boston Harbor and its tributary rivers since 1989. Collecting data before the new treatment facilities were constructed has helped to measure the eﬀects of the new facilities and identify changes in water quality over time.

105-158 159-275 >275

Old Treatment Plant Outfalls

After Improvements 2012-2016

Mystic River

The Nut Island Treatment Plant was replaced by a headworks, which screens sewage before sending it to Deer Island. Once treated, Deer Island eﬄuent is discharged through a 9.5-mile deep rock outfall to Massachusetts Bay.

DEER ISLAND TREATMENT PLANT

Inner Harbor

MWRA monitors water quality at more than 50 locations in Boston Harbor. Measurements are also made in the Charles, Mystic, and Neponset rivers. The data is irrefutable - the beaches and ecosystem of Boston Harbor have rebounded and the economic impact to the city’s waterfront has been remarkable.

Charles River

Enterococcus Bacteria In Wet Weather After MWRA Upgraded Treatment and Equipment

Dorchester Bay

More than 300 technical reports and more than 1,000 scientiﬁc papers on the subjects of Boston Harbor and Massachusetts Bay document environmental conditions and changes since the treatment facilities were brought on-line.

Quincy Bay

Neponset River

Nut Island Headworks

continued on Reduction In Annual CSO Volume

page 35

Combined sewer overﬂows into Boston Harbor and its tributary rivers have been reduced by over 3 billion gallons, with 93% of the remaining ﬂows receiving treatment.

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0.00 75 Federal Street, Boston, Massachusetts 02110-1997 1988 Swimmable Beaches After MWRA Improvements

MWRA’s eﬀorts to eliminate wet-weather discharges of sewage and stormwater have resulted in the cleanest urban beaches in the country.

2016

bacterial water quality is better today at Boston OFFICEOverall 617.426.7300 • FAX 617.426.2245 Harbor’s beaches, due in large part to MWRA projects Protecting Massachusetts Bay WWW.DARMODYMERLINO.COM including the Boston Harbor Project, and the Combined Even though Deer Island’s discharge was moved from Percent of samples meeting the saltwater swimming

standard for Enterococcus at Harbor Beaches 2012-2016:

Sewer Overﬂow (CSO) Long-Term Control Plan.

Carson Beach bacteria levels have dropped since 2011:

JUNE, 2018 99% 94%

% Samples not meeting standards

Boston Harbor to Massachusetts Bay, bacteria remain at safe levels for recreation and shellﬁshing at monitoring stations near the outfall and closer to the coast.

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CSO Storage Tunnel opened

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MWRA

94%

Neponset River

TREATMENT PLANT

3.50

91%

99%

0-5 105-158 % Samples not meeting standards 6-10 159-275 Rainfall (inches, summer season) CSO Storage Tunnel opened >275 11-35 36-104 Treated Untreated Old Treatment Plant Outfalls

3.00

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20 94% CSO Storage Tunnel 91% 99%opened Dorchester 18 Bay 16 14 SouthQuincy Boston Malibu 12 Constitution Bay Beach Beaches Beach 10 Nut 8South Boston beaches have met swimming standards 99% Island Headworks 6of the time inNeponset the last 5 years. Today, any high bacteria River from stormwater runoﬀ, which often 4counts are mainly 2contains animal waste and other sources of bacteria. 0 0 0 1996

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Protecting Massachusetts Bay

Even though Deer Island’s discharge was moved from Boston Harbor to Massachusetts Bay, bacteria remain at safe levels for recreation and shellﬁshing at monitoring stations near the outfall and closer to the coast.

% Samples not meeting standards Rainfall (inches, summer season) CSO Storage Tunnel opened

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As the leading provider of risk solutions to the construction industry, Aon Construction Services Group partners with clients to provide insighful 0 0 solutions backed by our dedicated analysis, strategic direction and creative 1996 2000 2004 2008 2012 2016 team of construction experts and the strength of Aon’s global network. Reduction In Annual CSO Volume

Combined sewer overﬂows into Boston Harbor and its Aonhave Construction Services your growth, profit and continuity. tributaryLet rivers been reduced byGroup over 3empower billion gallons, with 93% of the remaining ﬂows receiving treatment. aon.com/construction 3.50 (Billions of Gallons)

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20 2.50 18 16 2.00 14 Constitution South Boston Malibu 1.50 n 12 Beach Beaches Beach 1.00 1989. Enterococcus Bacteria In Wet After Improvements 10 99% Mystic beaches have met swimming standards Weather After MWRA Upgraded 0.50 2012-2016 8 cili- South Boston River of the time in the last 5 years. Today, any high bacteria Treatment and Equipment 6 e the counts are mainly from stormwater runoff, which often 0.00 The Nut Island Treatment Plant was 4 2016 1988 nges contains animal waste and After other sources bacteria. Swimmable Beaches MWRAofImprovements of replaced a headworks, which screens 2 Swimmable Beaches AfterbyMWRA Improvements MWRA’s efforts to eliminate wet-weather discharges of 0 Island. Overall bacterial water quality isresulted better today atcleanest Boston sewage before sending it to0atDeer 0 sewage and stormwater have in the Overall bacterial water quality is better today Boston DEER ISLAND Inner Harbor’s beaches, due in large part to MWRA projects Once treated, Deer Island effluent 1996 2000 2004 2008 2012 2016 TREATMENT Harbor Protecting Massachusetts Bay urban beaches in the country. Harbor’s beaches, due in large part to MWRA projectsis 50 PLANT the Boston Harbor Project, and the Combined discharged through a 9.5-mile Even thoughthe Deer Island’s discharge wasand moved fromdeep ge also including Charles including Boston Harbor Project, the Combined Percent of samples theControl saltwater swimming River Sewer Overflow (CSO)meeting Long-Term Plan. rockLong-Term outfall Bay, to Massachusetts Bay. Boston Harbor to Massachusetts bacteria remain at 16: Sewer Overflow (CSO) Control Plan. standard for Enterococcus at Harbor Beaches 2012-2016: ivers. Aon Risk Solutions safe levels for recreation and shellfishing at monitoring Carson Beach bacteria levels have dropped since 2011: oCarsonnear Beach levels have dropped Construction Services Group stations thebacteria outfall and closer to the coast.since 2011:

3.50

(Billions of Gallons)

Boston Harbor and Massachusetts Bay 1.00 Nut Weather Before Improvements Nut document environmental Island Island 0.50 Headworks Sewage effluent and solids were conditions and changes Headworks Neponset Neponsetdischarged daily into Boston Harbor River 0.00 since the treatment facilities River through outfalls near the Deer Island 2016 1988 were brought on-line. Swimmable Beaches and After MWRA MWRA’s efforts to eliminate wet-weather discharges of Nut Island Improvements treatment plants. continued from page 33 sewage and stormwater have resulted in the cleanest Overall bacterial water quality is better today at Boston urban beaches in the country. Dorchester Harbor’s beaches, due in large part to MWRA projects Protecting Massachusetts Bay LEGEND Reduction In Annual CSO Volume Bay Annual CSO Volume including the Boston Harbor Project, and the Combined Geometric mean (number of bacteria, EvenReduction though DeerInIsland’s discharge was moved from Percent of samples meeting the saltwater swimming Combined sewer overflows into Boston Harbor and its coloniesControl per 100 ml sample). Combined sewer overflowsBay, intobacteria Boston Harbor and its Sewer Overflow (CSO) Long-Term Plan. Boston Harbor to Massachusetts remain at standard for Enterococcus at Harbor Beaches 2012-2016: tributary rivers have been reduced over 3indicates billion gallons, Lighter blueby shading lower tributary rivers have been reduced byatover 3 billion gallons, Quincy NUT safe levels for recreation and shellfishing monitoring bacteria counts. with Beach 93% ofbacteria the remaining flowsdropped receivingsince treatment. Carson levels have 2011: Bay ISLAND withnear 93%the of the remaining flows receiving stations outfall and closer to the coast. treatment. Charles River

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3.00 Kevin White, CEO 617.457.7717 2.50 Kevin.White@aon.com 2.00 1.50 Mark Herendeen, Surety 617.457.7715 1.00 mark.herendeen@aon.com 0.50 0.00

Swimmable Beaches After MWRA Improvements

Overall bacterial water quality is better today at Boston Harbor’s beaches, due in large part to MWRA projects including the Boston Harbor Project, and the Combined Sewer Overﬂow (CSO) Long-Term Control Plan. Carson Beach bacteria levels have dropped since 2011:

20 18 16 14 12 10 8 6 4 2 0

Brian Driscoll, Managing Director 617.457.7668 Treated brian.driscoll@aon.com Untreated

1988

Michael Scott, Insurance 617.457.7699

Paul Healy, National Contract Surety 617.457.7719 paul.healy@aon.com Mark Toglia, Wrap-Up 617.457.7727 mark.toglia@aon.com

2016

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% Samples not meeting standards Rainfall (inches, summer season) CSO Storage Tunnel opened

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Think It Can't Happen to You? How to Respond to a Trench Collapse Let’s assume your company has an excellent safety program. You’ve been trained and designated as the competent person on project excavation sites. All the workers on your crew have been appropriately trained. You use trench-protection systems on your job sites. You have an emergency plan in place, and so on. Let’s also assume that another contractor at another site nearby the one you’re working on has taken a few shortcuts. Suddenly, one of that contractor’s workers comes yelling, “A man’s been buried! We need your help! There’s been a cave-in!” What do you do? Here are some suggestions: • Stay calm. • Take charge of the job site until a trained team, headed by an “Incident Commander” (the term often used by firefighters and rescue/recovery teams), arrives. • Safely get everyone who is not trapped out of the trench. Account for all workers. • Call 911 and/or the company’s rescue team, and report the cave-in. If the construction site is difficult to find, designate someone to meet the trained rescuers at a readily identifiable address or landmark, and direct them to the cave-in location. • Keep everyone who is not directly involved in the rescue/recovery at least 100 feet from the trench or excavation. JUNE, 2018

• Shut down all equipment, except pumps that are being used to remove water in the immediate vicinity of the cave-in. • Stop or reroute traffic that might create vibrations and cause a secondary cave-in. • Do not attempt to dig the victim out with a backhoe or excavator. Such equipment may further injure the victim. continued on page 39

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• The soil type • An estimate of how much soil has col• Do not remove the victim’s tools or equiplapsed on the victim ment. They can be helpful in locating the • The presence of any potentially harmful victim. atmospheres In addition, the following information • The location and condition of all undershould be gathered: ground utilities • Number of workers trapped There may be a very strong temptation • Where the victim(s) was last seen to jump down into the trench and try to • The time the cave-in occurred dig the victim out. Do not do it. Untrained Wicked HD 4.625 x 7.5 9-16:Dennis K. Burke 10/24/16 2:18 PM Page 1 • Burke The depth of the trench or ill-equipped rescuers frequently become victims themselves from secondary cave-ins. Of course, the one thing that’s better than all these measures is avoiding a cave-in in the first place. Do it right the first time, so that a rescue is never necessary. Remember: Use protection. It will save your life. Written by David Dow. He is co-founder of TrenchSafety and Supply — now part of Underground Safety EquipJust behind the Green ment, LLC — which supplies Monster in Fenway Park, Bostonʼs iconic CITGO Some days, it’s just one tough excavation safety products sign has become a welljob after another. That’s why and services to construction, know and beloved local CITGO produces an extensive landmark, partly due to excavation, and utility comits appearances in the line of heavy-duty lubricants. backgound of televised panies. From its facilities in Dennis K. Burke offers a great Red Sox games. Kansas City, Missouri; Laline of CITGO Heavy-Duty The original sign was fayette, Colorado; Memphis erected in 1965, and On-Road and Off-Road Lubriilluminated with miles of and Nashville, Tennessee; cants, including Engine Oils, glass neon tubes. The Transmission Fluids, Hydraulic current sign is lighted North Little Rock, Arkansas; with more durable, energy Fluids, Greases, Gear Oils and Salt Lake City, Utah; and San efficient LEDs. Industrial Lubricants. Antonio, Texas, Underground Safety Equipment provides sales, rental equipment, repair service, and safety training. Dow is also chair of the Training Committee for the North Premium Diesel Fuel, Motor Oil and Gasoline American Excavation Shoring P.O. BOX 711 • TAUNTON, MA 02780 • 1-800-289-2875 • WWW.BURKEOIL.COM Quality Products and Dependable Service for Over 50 Years Association (NAXSA). Reprinted with permission. n Safety Corner continued from page 37

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For More Information:

Contact Mike Lenihan at the UCANE Office: 617.471.9955

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JUNE, 2018

TRENCH SAFETY STAND DOWN WEEK JUNE 18-23, 2018

UCANE Joins the National Utility Contractors’ Association to Promote Jobsite Trench Safety What is a Safety Stand Down ? A Safety Stand Down presents the opportunity for employers to talk directly to employees and others about safety. These Stand Downs will focus on trench & excavation hazards and reinforce the importance of using trench protective systems and protecting workers from trenching hazards.

Stand Down Goals The goal is to reach out to the many workers who work in and around trenches and excavations to provide them with information about current excavation requirements and safety procedures for working in trenches. By reaching as many workers as possible we can reduce the number of fatalities and serious injuries that occur each year in our industry, and make others, such as municipal and industry workers who are also exposed, aware of these serious hazards.

NUCA’s 2017 Trench Safety Stand Down Reached more than 10,000 Workers! Who Can Participate? Anyone who wants to prevent trenching and excavation hazards in the workplace can participate in the Stand Down. We encourage utility construction, residential, highway construction, plumbers, military, unions, associations, educational institutes, and safety equipment manufacturers to participate.

How to Conduct a Safety Stand Down? Companies will conduct a Trench Safety Stand Down by taking a break to have a toolbox talk or another safety activity to draw attention to the specific hazards related to working in and around trenches/excavations.

Recognition of Participation We ask that companies provide feedback about their Stand Down to UCANE, such as when it was held, how many workers participated, how you shared information with employees. UCANE will collect the information, publicize the overall total number of participants, share with NUCA, and publish the names of the companies that held a Trench Safety Stand Down. NUCA will also provide a Certificate of Participation which will be emailed to all participating companies.

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To accomplish great things, we must not only act, but also dream, not only plan, but also believe. ~Anatole France

ome might simply call them gifted or special but to UCANE members, these scholarship recipients are much more because they represent some of the brightest, most accomplished, and mature teens that our education system has ever produced. They are our country’s future government leaders, entrepreneurs, innovators, scientists, researchers, doctors, and decision makers; and they give all of us hope that the future of our country will shine brighter than ever. UCANE’s Annual Scholarship Awards Night, held on May 16, 2018 at the Sheraton Four Points Hotel in Norwood, MA, was an evening in which UCANE members recognized the outstanding achievements of 12 remarkable college bound high school seniors, who are the sons and daughters of our members and their employees. For the past 44 years, UCANE members have wholeheartedly supported this program. During this time our Association has awarded more than a million dollars in scholarships to graduating students who exemplify the traits that our members hold important: making the most of education opportunities; setting both academic and personal goals; committing time to promote family unity; and volunteering services to their communities. UCANE’s Executive Director Anne Klayman began the program by thanking C. N. Wood Company, Inc. for their annual sponsorship of the evening; and

she also thanked Todd McDonald and Broadstone Advisors, LLC for sponsoring our keynote speaker, former Patriots All-star and Super Bowl champion linebacker, Matt Chatham. Anne reviewed some of Matt’s background for those who were too young to remember his accomplishments. He was born and raised in Iowa and played college football at the University of South Dakota. Although an undrafted free agent, he went on to have a very successful NFL career. Beginning in 2000, Matt spent six seasons with the New England Patriots, including contributing to three of the Patriots' Super Bowl victories (XXXVI, XXXVIII, XXXIX); and was known as one of the leaders of the Patriots' stout special teams. Matt has made Southeastern Massachusetts his home for the better part of the last two decades and he has been very active in the community and helping charitable causes. He received his MBA from Babson College in 2011, and currently serves as an analyst for NESN, he is a college football color commentator for ESPN, and host of the “Real Thing” Patriots Podcast. Matt inspired the students by telling them to constantly challenge themselves and said “Don’t just simply focus on the things you are good at, because that will limit you going forward. Doing something that is a little out of your comfort zone, whether it’s taking a course or learning a new skill, will make you a

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more well rounded individual.” Matt said this is a message that is constantly ingrained in players by Patriots Coach Bill Belichick. Matt then answered some questions from the audience about his playing career, the current Patriots team, and his post-playing career. His remarks were very well received by all in attendance and were met with warm and lengthy applause. Anne then began the formal Scholarship Awards presentation by explaining that our applicants are judged in a number of areas, not just their academics. They include class standing, scholastic honors, SAT and achievement test scores, their extracurricular activities both in and outside of school, community and volunteer service, their career objective, and the maturity and presentation of their essay. Each applicant is reviewed and graded by a committee of educators who are not affiliated with UCANE. continued on page 47

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Scholarship Awards Night continued from page 45

Victoria and Angelina Zoppo with Former New England Patriot Matt Chatham The 12 young men and women were then introduced and their impressive resumes were read. Matt presented the scholarship along with company and family representatives in whose memory each scholarship is named. Each of these exceptional students also took to the podium to thank their family and UCANE for their award.

Anne ended the evening by again congratulating our 12 scholarship recipients and thanking Matt Chatham for taking time away from his family to attend our event and speak to the students and answers questions from the attendees. It was a special evening that the students will remember as they move on to college and make their mark on the world. n

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Gabriella E. DiMartino

Joseph D’Amico Memorial Scholarship

abriella is the daughter of Jane and Mark DiMartino of Mansfield, MA. Mark works for UCANE member firm Roadsafe Traffic Systems. Gabriella attended Ursuline Academy in Dedham where she maintained honor roll status in all honors and advanced placement classes. She also received Cum Laude honors on the National Latin exam in her freshman and sophomore years.

Her extracurricular activities at school included being a member of the model United Nations Team where she was selected to attend the model U. N. Invitational in New York City last year. Gabby will attend Loyola University in Chicago where she will major in Biology on a Pre-Med track. Her career goal is to become a pediatrician. Nick Biello of J. D’Amico, Inc. presented Gabby with the Joseph D’Amico Memorial Scholarship.

Melissa R. Driscoll

William Zoppo Memorial Scholarship

elissa is the daughter of Tim and Paula Driscoll of Bedford, MA. Paula works for UCANE member firm, Jay Cashman, Inc. Melissa attended Bedford High School where she maintained high honors in her freshman through senior years in mostly honors and advanced placement classes. Her SAT scores were 760 in Math and 730 in English, and she is a member of the National Honor Society. In addition to taking a demanding course of study, Melissa’s extracurricular activities at school included being vice president of the student board of the Bedford Education Foundation, she is a member of the Relay for Life Leadership Committee, the Environmental Club, and she is captain of the Alpine Ski Team, in addition to being on the field hockey and outdoor track teams. Melissa will attend UMass Amherst where she will major in Biology with a Pre-Med focus. Her career objective is to become a pediatrician. Angelina and Victoria Zoppo of R. Zoppo Corp. presented the William Zoppo Memorial Scholarship to Melissa.

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Avery N. Garrity

Steve Barlow Memorial Scholarship

very is the daughter of Jill and Steven Garrity. Steve is vice president of UCANE member company Garrity Asphalt Reclaiming, Inc. Avery attended Simsbury High School in Simsbury CT where she has maintained high honor roll status in all honors and advanced placement classes. Her SAT scores were 730 in Math and 770 in English. Avery was the recipient of the Franklin Marshall Book Award, the Connecticut Colt Excellence Award in foreign language; she was the Connecticut Colt Poetry Recitation winner, and the National Latin Exam silver medalist. Her extracurricular activities at school included serving as a student council representative, and as a member of the executive board, she was a member of the National Honor Society, the Spanish Honors Society, junior varsity softball captain, and she was also captain of the field hockey team. Outside of school, she was the co-president of the Martin Luther King Jr. Memorial Committee which helped raise $100,000 to build a memorial in the center of her town in his honor. She was also a peer-writing tutor and she volunteered at Wounded Veterans Strong. Avery will attend Notre Dame where she will major in Political Science and either double major, or minor in Psychology and Spanish. Anne Klayman presented the Steve Barlow Memorial Scholarship to Avery.

Emily J. Hastings

Herman Snyder Memorial Scholarship

mily is the daughter of Kathleen and Walter Hastings. Kathleen works for UCANE member firm, R. H. White Construction Co., Inc. Emily attended Leicester High School in Leicester, MA, where she was ranked 6th in a class of 118 students. She maintained high honor roll status throughout high school in mostly honors and advanced placement classes. Her extracurricular activities at school included serving on the varsity Math Team, and she was a member of the International Club where she traveled to London, Paris, Florence, Rome, and Quebec. She was also a member of the Drama Club where she has had leading roles in musicals such as the Wizard of Oz, Anything Goes, and Night at the Wax Museum. And, she was the only freshman to become a member of the A Cappella Club. Emily will attend Worcester State University where she will major in English and Writing with a focus in secondary education or publishing. Chris Morog from Hinckley Allen, LLC presented the Herman Snyder Memorial Scholarship to Dan Horgan of R. H. White Construction Co., who accepted on behalf of Emily.

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Thomas M. Hydro

Ronald Pacella Memorial Scholarship

homas is the son of Joan and Thomas Hydro. Tom works for UCANE member firm Weston & Sampson Engineers, Inc. Tom attended Hudson High School in Hudson, MA. His SAT scores were 720 in Math and 720 in English, and he maintained high honor roll status in all honors and advanced placement classes throughout high school. He was also inducted into the National Honor Society and he was the recipient of the Rensselaer Polytechnic Institute Medal in the areas of math and science. In addition to being an excellent student, his extracurricular activities at school included being co-president of the Math Center where he was a tutor, and he was a member of the Hudson High Jr. Boosters. Outside of school, Tom is a Eucharistic Minister at Immaculate Conception parish, and he was a volunteer coach for Hudson Youth Baseball. Tom will attend Pennsylvania State University where he will major in Aerospace Engineering. His career goal is to work for one of the large aerospace companies like Boeing, Lockheed Martin, or General Electric. Guerino Pacella of RJV Construction Corp. presented the Ronald Pacella Memorial Scholarship to Tom.

Maeve K. Keleher

Frank McCourt Memorial Scholarship

aeve is the daughter of Kara and Michael Keleher. Kara works for UCANE member firm Weston & Sampson Engineers, Inc. Maeve attended Amesbury High School where she maintained high honor roll status in all honors and advanced placement classes. She was a member of the National Honors Society, the Rho Kappa Honors Society for social studies, the English Honors Society, and the Science Honors Society. Her extracurricular activities at and outside of school included being editor-in-chief of her school’s literary magazine, she was a member of the Art and Book Clubs, she teaches art lessons at the Artist’s Playground in Newburyport, and she volunteers at Our Neighbors’ Table, and the Amesbury Public Library. Maeve will attend Savannah College of Art and Design in Georgia where she will major in Animation, and minor in Sequential Art. Her career goal is to work at an animation studio, and self-publish her own comics. Anne Klayman presented the Frank McCourt Memorial Scholarship to Maeve.

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Brenna M. Lucas Robert B. Our Memorial Scholarship

renna is the daughter of Mallori and Mark Lucas. Mark works for UCANE member firm AQUAREHAB USA, Inc. Brenna attended Wheeler High School where she was ranked 1st in a class of 127 students. She maintained an all A and A+ average throughout high school, and her SAT scores were 710 in Math, and 660 in English. Some of her scholastic honors included being named the top biology student, the top geometry student, the top Spanish student, the top algebra student, and the top calculus student. Her extracurricular activities at school and outside of school included being co-captain of the volleyball club, job shadowing at CVS Pharmacy, and volunteering at St. Mary’s Hospital. Brenna will attend Purdue University where she will major in Pharmacy. Robbie and Merry Our of the Robert B. Our Company presented the Robert B. Our Memorial Scholarship to Brenna.

Colleen E. McDonald

Tony & Anthony Umbro Memorial Scholarship

olleen is the daughter of Kathleen and Chip McDonald. Chip works for UCANE member firm ATS Equipment, Inc. Colleen attended Bishop Feehan High School in Attleboro, MA where she maintained high honor roll status in mostly honors and advanced placement classes. She was also a member of the National Honor Society. Her extracurricular activities at school included being captain of the Feehan swim team, she was co-president of the American RedCross Club, a member of the Saint Vincent de Paul Society, the Feehan Theater Company, the senior mentorship program, campus ministry, and the film production club. Outside of school, Colleen is a swim instructor and lifeguard at the Foxboro YMCA, and she is a parishioner at Saint Timothy’s Church in Norwood. She has also been active in musical theater where she was cast in Beauty and the Beast and 42nd Street. Colleen will attend Catholic University of America where she will pursue a Nursing degree from the Gowan School of Nursing. Paul Umbro presented the Tony and Anthony Umbro Memorial Scholarship to Colleen.

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Marley J. Nissenbaum

Philip Jasset Memorial Scholarship

arley is the daughter of Beth and Truth Nissenbaum. Truth works for Gagliarducci Construction, Inc. Marley attended Monson High School in Monson, MA where she maintained high honor roll status throughout high school in mostly honors and advanced placement classes. In addition she has received excellence awards in physics, Spanish, biology, and psychology. Her extracurricular activities at school included being secretary of her freshman and sophomore classes, and class president in her junior and senior years, she was a member of the Monson Environmental Action team, the leadership committee, she was part of the Leaders in Training team, and she was a manager of the lacrosse and baseball teams. Marley will attend UMass Boston where she will major in Psychology with concentration in Neurobiology. Her career goal is to become a psychiatrist, or a researcher in a lab working to develop a breakthrough in neuroscience to help find a cure for Alzheimer’s disease. Doug Jasset presented the Phil Jasset Memorial Scholarship in memory of his father to Marley.

Justin R. Peirce

Arnold Belli Memorial Scholarship

ustin is the son of Nancy Federspiel and Sam Peirce. Sam is owner and president of H. R. Prescott & Sons, Inc. Justin attended Neshoba Regional High School in Bolton, MA where he maintained high honor roll status in all honors and advanced placement classes. His SAT scores were 740 in Math and 720 in English, and he was a member of the National Honor Society, and he received the excellence in Spanish 4 award. His extracurricular activities at school included being captain of the varsity basketball team, he was elected school spirit captain in his senior year, and he took part in best buddies, which is a one-on-one relationship with a student with disabilities. Outside of school Justin worked as a Special Olympics basketball coach he played unified soccer and unified basketball. He was also a Neshoba youth basketball camp counselor and basketball referee, and he coached club basketball. Some of the honors he received included being named Central MA Basketball Player of the Year, and team MVP, he is a three time league all-star, and a 1,000 point career scorer. Justin will attend Franklin and Marshall College in Lancaster, PA where he will major in Biology and follow a Pre-Med track. His career goal is to become a doctor, but he hasn’t decided which field of medicine yet. Bill Keaveny presented the Arnold Belli Memorial Scholarship to Justin.

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Shannon O’Leary-Small

Robert DeSanctis Memorial Scholarship

hannon O’Leary-Small, daughter of Pamela O’Leary and Hugh Small. Hugh works for UCANE member firm Feeney Brothers Utility Services. Shannon attended Boston Latin School where she maintained honor roll status in mostly honors and advanced placement classes throughout high school. She was a member of the National Honor Society, and she scored Maxima Cum Laude on the National Latin exam. Her extracurricular activities at school included serving as co-president of the Ladies Collective Club, she was a tutor at Saturday Success School, she was a student ambassador, president of the French Strasbourg Exchange Club, and she was a member of the Premedical Society. Outside of school, Shannon was a dancer and senior competitor at Danceworks and she volunteered at Faith Formation. Shannon will attend Quinnipiac University where she will be a Biology major in an accelerated dual – degree 3+1 program. Having taken part in the Medscience program at Harvard Medical School, her career goal is to become a nurse practitioner, physician’s assistant, or a doctor. Jonathon Duggan from the DeSanctis Insurance Agency presented the Robert DeSanctis Memorial Scholarship to Shannon.

Julia M. Worden

Richard McCourt Memorial Scholarship

ulia is the daughter of Jean and Mike Worden. Mike is the owner and president of UCANE member firm Concrete Systems, Inc. Julia attended Central Catholic High School in Lawrence, MA where she maintained high honor roll status in all honors and advanced placement classes. Her SAT scores were 730 in Math, and 680 in English and she was a member of the National Honor Society. Her extracurricular activities at school included being captain of the field hockey team, she was a member of the indoor track team, and was captain of the outdoor track & field team, she served as a student ambassador, and was a member of the student alumni association. Outside of school she is active in gymnastics, she is a dancer, and she is a member of the MWV ski team. Julia will attend Tufts University where she will major in Biology and Pre-Med. Her career goal is to become an orthopedic surgeon. Anne Klayman presented Julia with the Richard McCourt Memorial Scholarship.

JUNE, 2018

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The Opioid Crisis: Waging Battle Against a Deadly, Costly Problem Editor's note: The following article is the second of two parts. In early January, Pennsylvania Governor Tom Wolf declared opioids a statewide disaster emergency, marking the first time the commonwealth declared a disaster emergency for a public health crisis. The declaration suspends regulations hindering addiction care access, which Wolf hopes will help streamline treatment for the 90 days the declaration is in effect. Seven other states have taken similar steps in declaring the opioid crisis a disaster emergency.

lthough the nationwide problem affects people across professions, construction industry workers are particularly prone to opioid addiction. With that in mind, it's important to understand why opioids are a problem and the safety considerations as they relate to addiction in a high-risk profession. In part one of our opioid report (see May 2018 Construction Outlook), we explored the whys and the safety concerns, as well as what legal and insurance protections are available. Rather than turn a blind eye to at-risk employees or a worker who might be struggling, though, companies can take preventative measures and offer help — measures can mean the difference in an accident on a jobsite and hefty punitive damages.

Preventing Abuse Prevention often is the best medicine, and that's no different when looking at potential opioid abuse. David Pfeffer, chair of the construction practice group at New York-based law firm Tarter Krinsky & Drogin, has seen companies issue rewards to employees for maintaining safe work environments for themselves and others, and he also knows owners and contractors that hire third-party

JUNE, 2018

safety firms to regularly visit a jobsite to check for safety issues. Another bonus of keeping a safe site — firms with safe work histories often can negotiate better premiums with their insurance carriers. Jake Morin, niche president of construction at ProSight Specialty Insurance in Morristown, NJ, noted that some states have drug-free workplace credits for workers’ compensation, which necessitate having certain programs in place with random testing and non-discriminatory-type action. If someone does test positive, companies must look at how they want to address the problem. Some have zero-tolerance policies while unions, especially, offer some sort of rehabilitation program. Ultimately, Morin said, "Employees on the jobsite with nothing in their systems is the best route, but I know this aging workforce is going to get hurt a little bit more and have more ailments than someone in their 20s. How do we work with them and help them? Talking about it is a first step." In 2012, several industry groups teamed to form the Construction Coalition for a Drug- and Alcohol-Free Workplace (CCDAFW). The coalition continued on page 63

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Opioid Crisis continued from page 61 includes founding organizations Associated Builders and Contractors and The Associated General Contractors of America, and the Construction Industry Round Table, Construction Users Roundtable, Independent Electrical Contractors and the National Center for Construction Education and Research. CCDAFW aims to establish industrywide recognition of substance abuse, as well as advocating for implementation of substance abuse policies while providing best practices to work toward a goal of zero substance-abuse-related incidents on jobsites.

tory/government agencies, and employee representatives and unions — have pledged their support to eliminating substance abuse. The pledge states "that my company will take reasonable action to create and maintain a workplace free from substance abuse. My company will work to increase awareness of the dangers of substance abuse within our workplace and throughout the construction industry."

Drug Testing

OSHA has formal national standards for scaffolding and crane safety, but Morin thinks OSHA should also be involved in establishing national standards as More than 5,100 Boston companies and organizations they pertain to misuse of substances. Because comArea — including general Locations contractors, subcontractors, panies work across state lines, the lawyer said, it's trade associations, insurance companies, regulaimportant to have a federal standard in place rather than relying on state standards, 2 Dexter Street which can vary. Everett, MA 02149 Boston Area Boston Area Nevertheless, Pfeffer said it's Locations Locations 431 Second Street complicated to implement testing Everett, MA 02149 plans because of the sheer volume 2 Dexter Street 2 Dexter Street of individuals from myriad comEverett, MA 02149 Everett, MA 02149 panies coming onto sites. "Some employers do have random test431 Second Street 431 Second Street ing, but they have not proven to be Everett, MA 02149 Everett, MA 02149 very useful at diminishing abuses BOSTON AREA LOCATIONS on construction projects over the 2 Dexter Street 431 Second Street years," he said. "It would be practiEverett, MA 02149 Everett, MA 02149 cally impossible to have a testing program where workers are coming in and being tested regularly. I don't think that will fly well with owners who want their buildings done quickly or with the construction workers."

Minichiello Bros./Scrap-It, Inc., Minichiello Bros./Scrap-It, Inc.

Exploring Treatment

There are many treatment options available for opioid addicts. One specifically for laborers is from the British Columbia, Canada-based Construction Industry Minichiello Bros./Scrap-It, Inc., Rehabilitation Plan (CIRP), which Serves over 2500 customers a week and is one New England's largest buyers, was founded in the mid-1980s in sellers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers, to the drug and alcoresponse he same - to provide the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has holremained crisis of the period. Although customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch executive director Vicky Waldron customer service! Call Fred Rogers at 617-595-5505 wasn't in Canada during that time, she said the construction industry in North America faces similar adTurn your metal into money today! diction issues today — mainly, a Turn your metal into money today! lack of resources. Minichiello Bros. Inc./Scrap-It Inc.

Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal sellers and processors of scrap metal. For over 60 years has our remained remained the same - to in provide the best along prices in thetop industry along with the same - tohas provide the best prices the industry with notch top notch service! Fred Rogers at 617-595-5505 customer service! Callcustomer Fred Rogers at Call 617-595-5505 Minichiello Bros./Scrap-It, Inc.,

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Opioid Crisis continued from page 63

positive for moderate to severe underlying mental health issues.

"People were looking for help or treatment, and there wasn't anywhere to send them," she said.

More significant than that number, however, according to Waldron, is that most of those mental health problems are undiagnosed. About 90% of CIRP's clients screen positive for a significant underlying early childhood trauma issue; about 70% of those also screen positive for moderate to severe post traumatic stress disorder (PTSD). "We have people that are really presenting with severe mental health and addiction issues," she said.

That's where CIRP came in. It began as a 12step program, and Waldron evolved it to worldwide mental health industry standards so that today CIRP works within a harm-reduction framework. Services include individual counseling, as well as an outpatient day program, a residential program, a family program and a telehealth program, which includes Skype, online support, telephone counseling, and text and instant messaging support. Waldron emphasized the family program's importance. "We don't want to get a person clean only to put them back into a family that might have a lot of dysfunction," she said. "You want to make sure you work not only with the individual themselves, but with the family members as well to help them deal with the addiction and help them learn new ways of interacting with one another." CIRP began collecting data after Waldron realized there wasn't a lot of information for the industry from the industry. Its inaugural report last July showed that nearly 83% of those addicted to substances who come through CIRP's doors screen

Proper Training Most people who seek treatment through CIRP are 30 to 40 years old. "That tells us we need to see people before they reach that age. For example, if we go in to talk to sheet metal workers, as part of the curriculum we talk about the correlation between mental health and addiction and do education and awareness training." Waldron attributes the growing crisis in part to contaminated fentanyl sweeping through the West Coast. "Fentanyl has completely changed the playing field," she said. "Drugs are so contaminated at the source that we are seeing this huge spike and huge numbers of overdoses. As a result of that, demand for our services has more than doubled in the past year. That is directly related to the fentanyl crisis."

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Prevailing Wage Basics from the Office of the Attorney General The Massachusetts prevailing wage laws require that covered employees on public works projects be paid a minimum hourly rate set by the Department of Labor Standards (DLS). The prevailing wage laws apply to both union and non-union employers/employees. See G.L. c. 149, §§ 26-27H.

elow is a list of some basic prevailing wage requirements. The list is not exhaustive, and failure to comply with these laws can result in significant civil penalties or potential criminal enforcement. It is important that you understand your obligations before you decide to perform work on a public works project.

You must ensure workers are paid properly. All employees, regardless of whether they are employed by the general contractor, a filed subbidder, or any subcontractor, who perform work on a public works project, must be paid the prevailing rate per hour according to the schedule issued for the particular project. If you are unsure which rate to pay an employee for any particular work, you must contact the Massachusetts Department of Labor Standards (DLS) at 617-626-6953 for guidance. Employers are limited in the deductions that may be made from the hourly “total rate” on the wage rate schedules. Only contributions made to bona fide benefit plans, allowed pursuant to the applicable prevailing wage rate schedule, are permissible deductions.

Your bid must reflect the prevailing wage rate. Awarding authorities must request the prevailing wage rate schedules for each public works project from DLS. The awarding authority must also provide the rate schedule to all bidders and monitor the contractors’ compliance with the prevailing wage laws. An awarding authority’s failure to request a rate sheet could result in litigation for back wages owed to workers or the voiding of the contract. Make sure the awarding authority has included the rate schedule in the bid package for a public works project.

You must submit and keep certified payroll records. Contractors on public works projects are required

JUNE, 2018

to submit weekly payroll reports directly to the awarding authority via mail or e-mail, and keep them on file for three years from the date of completion of the contract. These weekly payroll reports are commonly known as “certified payroll records” (CPRs). Each CPR report must contain at least the employee’s name, address, occupational classification, hours worked and wages paid and you must produce these records to the Attorney General’s Office upon demand.

You must ensure your employees are OSHA 10 certified. All employees who are entitled to receive the prevailing wage must have completed the OSHA 10 training. Contractors must provide documentation of the OSHA 10 training on the CPR for each employee the first time the individual is listed on a weekly payroll record. Employees must carry documentation of OSHA 10 training on their person when they are on the worksite or be able to immediately direct a representative of the Office of the Attorney General (AGO) to the documentation.

You and your workers must comply with specific apprentice registration requirements. All apprentices must be registered individually with the Massachusetts Division of Apprenticeship Standards (DAS) in order to be paid at the lower apprentice rates as listed on the prevailing wage rate schedule. All apprentice programs must also be registered with DAS. Note: registration with another state or federal agency’s apprentice program does not satisfy this requirement. All apprentices must keep his/ her apprentice identification card on his/her person during all work hours. If an employee is not registered with MA DAS, s/he must be paid the journeyworker “total rate” listed on the wage rate schedule regardless of experience or skills. A copy of each worker’s continued on page 68

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Prevailing Wage continued from page 67 apprentice ID card must be submitted with every CPR listing a worker(s) being paid the apprentice wage rate.

Have Questions? Two state government agencies have different responsibilities related to the prevailing wage laws: •

DLS is responsible for the administration and interpretation of the laws. DLS issues wage schedules and job classifications, and makes determinations on the applicability of the prevailing wage. Appeals of prevailing wage rate schedules may be made to DLS. (617) 626-6953/www. mass.gov/dols/pw

•

The AGO’s Fair Labor Division is responsible for enforcing the prevailing wage laws and receives all public construction bid protests. The AGO also notifies awarding authorities and DCAMM of prevailing wage law violations by contractors. Prevailing wage enforcement: (617) 727-3465; public construction bid unit: (617) 963-2371. Visit www.mass.gov/ago/fairlabor for more information about the prevailing wage and public construction bidding laws. n

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JUNE, 2018

America’s Water Infrastructure is Failing — But Here’s How We Could Start to Fix It

merica’s water is under threat from many sides. It faces pollution problems, outdated infrastructure, rising costs, and unprecedented droughts and rainfall patterns as the climate changes. Yet at a recent event hosted by the Columbia Water Center, the tone was cautiously optimistic, and the conversation centered on solutions. “If we have aging infrastructure that’s falling apart, and we’re dealing with climate variability and change, isn’t that a good opportunity to actually do something?” suggested Upmanu Lall, director of the Columbia Water Center. For decades, the U.S. has been a leader in water management. Now we’re falling behind; in the latest infrastructure report card, dams, drinking water and wastewater all received D ratings. But Lall thinks the country could get an A. Here are some of the solutions presented at the event that could help to get us there.

Create National-Level Governance Water is very good at ignoring municipal boundaries, so one town’s water use or pollutant dumping can affect other cities or states that rely on the same

JUNE, 2018

water supply. That’s why many countries — including, the U.K., Canada, Australia, and Mexico — have a national water authority or commission that oversees water management across the country. Not so for the U.S. “In the U.S., we’re exactly the opposite,” says Hubert Fleming, head of Global Water Management at Anglo American. Instead, he says, the nation’s water is managed by “58,000 municipalities, every single one of them doing their own thing.” That makes it difficult to initiate and complete more ambitious, regional projects. “We have a Department of Energy at the federal cabinet position — what’s wrong with a Department of Water? ” asks Fleming. “I would argue that water is as significant in this country as energy is.”

Get a Better Budget for Water Infrastructure The federal government spends only two percent of its GDP on infrastructure, and water infrastructure makes up just a part of that. “The fundamentals are continued on page 70

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America’s Water continued from page 69 that we spend less than Vietnam does,” says Fleming. “We spend less than Mexico does. We definitely spend less than Chile does . . . I mean, that’s frankly crazy.” Bottom line: If we want nice things, we have to be willing to pay for them.

Make it Easier for Private Investors Jennifer Wu, director of BlackRock Sustainable Investing, says that many investors are interested in investing in water-related issues, but they want to know more about the social and environmental effects their investments will have. The problem, says Wu, is that there are a lot of inconsistencies in how companies report these estimates. She suggested that investors, academics and regulators need to team up to create a standardized system of evaluating the impacts of sustainable investments. “If we can’t provide consistent and robust impact measurement, it is really hard to attract more capital in this space,” says Wu. Another challenge, she adds, is getting investors to understand how complex and important water is, since it affects agriculture and many other business sectors. “How do we paint a holistic picture when we talk to investors, so that they understand that if they don’t allocate capital to water issues, it’s actually going to impact other parts of their portfolios?” she asks. “To do that, we actually need better impact measurements.”

Look to the Past and the Future As part of the America’s Water project, the Columbia Water Center is looking deep into the past to understand the types of droughts and floods that we may still be vulnerable to today. For example, in the past 500 years, the longest drought in the Northeast lasted 16 years. And southern Mississippi once suffered through a 64-year drought. Data like this helps to inform the kinds of water infrastructure we may need in the future. “If we were subjected to these kinds of droughts today, I would submit to you that we actually have no plan on how we could deal with this,” said Lall during the conference. He and his team are also

evaluating the effects of current water infrastructure. Currently there’s a big push to remove dams, many of which have outlived their designed lifetimes and disrupt natural ecosystems. Using a detailed and comprehensive model, the Columbia Water Center is evaluating the costs and benefits of removing these dams — looking at, for example, how helpful might they be as climate change disrupts rainfall patterns, versus how many people and businesses might be at risk if they fail.

As the climate changes, so will human needs. Fluctuations in heat, humidity and rainfall patterns are going to shape where we live, grow food and produce energy. The Columbia Water Center is helping to analyze and predict these trends, so that Americans will continue to have water whenever and wherever they need it. Written by Sarah Fecht, the Earth Institute at Columbia University. Reprinted with permission. n

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Client Bulletin

John E. Merchant, CPA IN THIS ISSUE

Cullen, Murphy & Co., P.C.

• IRS Okays Home Equity Deductions • Buck Market Volatility with a Retirement Bucket Plan • Coping with Summer Vacations at Your Small Business

Smart tax, business and planning ideas from your Tr

IRS okays home equity deductions IRS Okays Home Equity Deductions

s previously reported in the April 2018 edition of Financial Management, the Tax Cuts and Jobs Act of 2017 affected the tax deduction for interest paid on home equity debt as of 2018. Under prior law, you could deduct interest on up to $100,000 of home equity debt, no matter how you used the money. The old rule is scheduled to return in 2026. The bad news is that you now cannot deduct interest on home equity loans or home equity lines of credit if you use the money for college bills, medical expenses, paying down credit card debt, and so on. The good news is that the IRS has announced “Interest on Home Equity Loans Often Still Deductible Under New Law.” The details are in IR 2018-32, a news release from the IRS. The Book, Not the Cover

According to the IRS, even if a loan is labeled “home equity,” the interest may be deductible on your tax return. The key is how the borrowed money is used. In addition, the $100,000 ceiling doesn’t apply. For home loan interest to be tax deductible, the taxpayer that secures the loan must use the money to buy, build, or substantially improve his or her home. Beginning in 2018, taxpayers may only deduct interest on $750,000 of such “qualified residence loans,” or $375,000 for a married taxpayer filing separately.

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debt as of 2018. Under prior law, you could requirements. deduct interest Fine on up to $100,000 of home Points equity debt, no matter how you used the For home loans obtained in 2018 and future Fine points money. The old rule is scheduled to return in years, some tax rules are clear, but some are more For home loans 2026. complex. years, some tax The bad news is that you now cannot deduct more complex. Example 1: Eve Harper gets a $500,000 loan interest on home equity loans or home from Main Street Bank to buy a home in July 2018. In Example 1: Eve equity lines credit if you use the money November 2018,ofEve gets a $50,000 “home equity” from Main Stree college medical expenses, paying loan for from Broadbills, Street Bank, which she uses to buy 2018. In Novem card so on. Theisgood a car.down The credit interest ondebt, the and second loan not tax de“home equity” lo news is that the IRS has announced “Interest ductible. which she uses on Home Equity Loans Often Still Deductible Example 2: Same as example 1, except that Eve the second loan Under New Law.” The details are in IR 2018uses the Broad Street Bank loan to install central 32, a news release from the IRS. Example 2: Sam air conditioning, add a powder room, and upgrade Eve uses the Br plumbing throughout her new home. The interest on book,loans not the central air cond both The of these willcover be deductible. and upgrade plu According to the IRS, even if acontinued loan is on page 73 home. The inter labeled “home equity,” the interest may be be deductible. deductible on your tax return. The key is how

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Financial Management continued from page 71 The tax treatment of these examples may seem straightforward, but that’s not always true. Example 3: Same as example 1, except that the Broad Street Bank loan is used to make a down payment on a mountain cabin, where Eve plans to go for vacations. Interest on this $50,000 loan is deductible because the total of both loans does not exceed $750,000, and the $50,000 loan is secured by the cabin. Indeed, Eve could get a loan up to $250,000 (for a $750,000 total of home loans) to buy the cabin and still deduct the interest, as long as this loan is secured by the cabin. Example 4: Same as example 3, except that the Broad Street Bank loan is secured by Eve’s main home, not by the cabin she’s buying. Now, the Broad Street Bank loan would be considered home equity debt no matter how much was borrowed, and no interest on that loan could be deducted.

Over the Limit What would happen if Eve gets a $500,000 loan in June to buy her main house and another $500,000 loan in November to buy a vacation home? She would be over the $750,000 debt limit for deducting interest on 2018 home loans, so only a percentage of the interest paid would be tax deductible.

The bottom line is that if you intend to use a home equity loan to buy, build, or substantially improve a home, you should be careful about how the debt is secured. Be prepared to show that the money really was used for qualified purposes. Moreover, qualified home loans obtained on or before December 15, 2017, are grandfathered, with tax deductions allowed for interest up to $1 million or $500,000, as explained. Some questions remain, though, about how refinancing those grandfathered loans will affect the tax treatment. If you are considering refinancing a home loan that’s now grandfathered, your accountant can provide the latest guidance on how your taxes might be affected. continued on page 75

Did You Know?

n 2017, total U.S. household consumer debt reached $13 trillion. Non-mortgage debt (car loans, student loans, credit cards, and so on) was reported by 71% of American workers. Only 31% of workers with nonmortgage debt were saving outside the workplace for retirement, compared with 69% of workers without non-mortgage debt. Source: LIMRA Secure Retirement Institute.

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Financial Management continued from page 73

Buck Market Volatility with a Retirement Bucket Plan

e have seen an increase in market volatility in early 2018. A steep pullback in stocks could be good news for working people who are building retirement funds, but those approaching or recently beginning retirement might be hurt. Historically, stock market setbacks have proven to be buying opportunities for patient investors. Example 1: Harry Walker was 50 years old in 2008, with most of his retirement savings invested in stock funds within his 401(k) account. Then, Harry’s holdings dropped heavily. Harry stayed the course and continued to buy stock funds as the Dow Jones Industrial Average (DJIA) rebounded from a 2008 low around 7,500 to 10,000 in 2009, 11,000 in 2010, and so on. Therefore, Harry has built substantial wealth, with the DJIA around 24,000 as of this writing.

Vulnerable to Volatility

Ten years later, Harry’s situation is different. Example 2: Harry is age 60 now, with $1 million in his 401(k). He plans to retire at 62, but a stock market collapse could trigger a 40% drop, reducing his $1 million 401(k) to $600,000. Harry might have to postpone his retirement or reduce the amount he withdraws from a smaller portfolio. If Harry stops working, he may not be able to keep investing and profit again from any market rebound. Harry could avoid this potential problem by moving his 401(k) account from stock funds into cash. However, yields on bank accounts and the like are extremely low. If Harry moves out of stocks at age 60, he’ll avoid market risk but also reduce his opportunity for substantial investment growth going forward.

Going for the Flow Instead of moving 100% to cash, Harry could implement a so-called “bucket plan.” These plans vary, continued on page 77

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Financial Management continued from page 75 but the key to success is to have a substantial cash bucket. Continuing our example, Harry Walker would figure out how much money he’ll need for living expenses each month from his portfolio after he stops working. Typically, a cash bucket will hold at least a year’s worth of cash flow. Example 3: Harry calculates that he’ll need $4,000 a month from his 401(k) or from an IRA after a rollover to maintain a desired lifestyle. If Harry needs to take $4,000 a month from his retirement plan, he would hold at least $48,000 in his cash bucket at the start of retirement with this strategy. From the cash bucket, Harry would arrange to have $4,000 paid into his checking account each month, just as his paychecks from work were handled.

held for the long term, which, historically, has been a winning investment strategy. Other bucket plan strategies can be used. If this method appeals to you as a way to address possible market volatility, your accountant can go over your plan to illustrate how various portfolio assets can be delivered to you as after-tax cash flow. continued on page 78

Trusted Advice Secured Debt • Home loan interest is deductible, up to the applicable limit, only if the obligation is a secured debt. • You must sign an instrument, such as a mortgage, deed of trust, or land contract, that makes your ownership interest in a qualified home security for payment of the debt. • A qualified home includes a house, condominium, mobile home, boat, or house trailer with sleeping, cooking, and toilet facilities that is your main home or second home. • In case of default, the home used as security can satisfy the debt. • This arrangement must be recorded or otherwise officially noted under the relevant state or local law.

Regular Refills Setting up the cash bucket is just the beginning of a bucket plan. That bucket must be replenished so cash can keep flowing. One way to do this is to divide portfolio assets into two broad categories: fixed income (mainly bonds) and equities (mainly stocks). At regular intervals, money can flow from the fixed income bucket into the cash bucket and from the equities bucket into the fixed income bucket. This allows stocks to be

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Financial Management continued from page 77

Coping with Summer Vacations at Your Small Business

uring the summer, it may be true that “the living is easy,” as the old song goes. The midyear season, though, is often not so easy at small businesses because many employees are taking vacations. Total work hours often shrink and so may company productivity. Spreading vacation time over the rest of the year might not be practical, especially if many of your workers have schoolage children and desire family vacations during summer break. You may prefer to squeeze most vacations into the summer so the disruption is minimal the remainder of the year. Nevertheless, you probably won’t welcome a warm weather slowdown, so it’s best to take steps to keep things running at an acceptable pace.

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response assure th response contain th informati without a commen could offe reveal co matters.

In additio arrange f employee cover for on vacati Scheduling Strategies necessar mobile and email It’snumbers vital to create andaddresses maintain a visual schedule probably better off if you can where can betime reached, in case a This might be creof whothey is taking off and when. one-on-one coverage becau need contact should ated for with a simple wallarise. board or online. worker In a relatively staying at the office small company, you could have your assistant keep doing two jobs. Work sharin Make sure employees place vacation up this schedule and show it to you every week or so. multiple co-workers might b responses on their work phones and continued on page 79 have summe solution. If you email, with dates of departures and ask if they might be able to h returns. You might consider assigning some of the tasks usually as someone to create templates for these the vacationers. employees to use for their vacation

Tax calendar JUNE 2018

JULY 2

June 15

July 16

Individuals. If you are not paying your 2018 income tax through withholding (or will not pay enough tax during the year that way), pay the second installment of your 2018 estimated tax.

Employ

If you are a U.S. citizen or resident alien living and working (or on military duty) outside the United States and Puerto Rico, file Form 1040 and pay any tax, interest, and penalties due for 2017. If you want additional time to file your return, file Form 4868 to obtain four additional months to file. Then, file Form 1040 by October 15.

Corporations. Deposit the second installment of estimated BakerCorp is your single-source partner for Construction tax for 2018. and Environmental Remediation water management applications. Employers. For Social Security, Medicare, withheld income tax, and nonpayroll withholding, deposit the tax for payments 1-800-BAKER12 | in www.bakercorp.com May if the monthly rule applies.

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The CPA Client Bulletin (ISSN 1942-7271) is prepared for t authority, and its contents should not be acted upon with customer service, call 888.777.7077 or visit aicpastore.co

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Financial Management continued from page 78 A larger firm could leave the schedule supervision to department or division heads, each of whom would track their workers. However you decide to do it, you should have an easy way to see who will be away next week, the week after, and so on. If several people are scheduled for vacations during, say, the third week of July, you (or the manager who will be affected) might push forward some projects or delay them until you have a full crew in the office. Also, you probably should be cautious about approving additional vacation requests for weeks when multiple employees are already planning time off.

Reaching Out Summer vacations can be extra troubling because your business won’t be the only one shorthanded from now until Labor Day. Chances are that your customers, suppliers, and other companies with which you work also will have employees who won’t be available. Their absence can put a crimp in your own operations. If you have strong relationships with such business associates, you might ask about their vacation schedules and who to contact if your company runs into a snag. In some situations, you might decide to revise some of your company’s efforts to make the timing mesh with that of key outsiders.

Filling the Gaps There is not much you can do about vacationing employees elsewhere, but there are things you can do this summer to help your company manage with a reduced workforce. If there are deadlines, require employees to finish all projects before they leave. For ongoing efforts, have your workers write up a summary of work-to-date with helpful materials attached. Get mobile numbers and email addresses where they can be reached, in case a need for contact should arise. Make sure employees place vacation responses on their work phones and email, with dates of departures and returns. You might consider assigning someone to create templates for these employees to use for their vacation responses; this can assure that vacation responses will contain the required information and without any comments that could offend or reveal confidential matters. In addition, arrange for some employees to cover for those on vacation, if necessary. You’re probably better off if you can avoid one-on-one coverage because the worker staying at the office

JUNE, 2018

will be doing two jobs. Work sharing among multiple co-workers might be a better solution. If you have summer interns, ask if they might be able to handle some of the tasks usually assigned to the vacationers.

Clarity Begins at Home With all this planning, don’t forget to schedule your own vacation. Obviously, you also work hard throughout the year, so some downtime will be beneficial, whether you travel or wind down at home. In addition, you should keep track of what unexpected flaws arise this vacation season and how you might remedy them in 2019. Should you require all summer vacation requests two weeks, or even a month, ahead of time? Demand that all requests be turned in by Memorial Day before you grant any approvals? Treat conflicts in favor of seniority? Offer those who lose out by conflict a chance to jump the line next year? The more clarity in a vacation plan you disseminate to all employees, the greater the chance your company will keep operating at its peak this summer and next. Reprinted from CPA Client Bulletin. n

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Advertisers’ Index ATS Equipment, Inc. ..................................................................... 4 Aggregate Industries - N.E. Region............................................ 62 Allied Bolt & Screw Corp.............................................................. 73 American Shoring, Inc...............................................Ins. Back Cvr. Aon Construction Services Group............................................... 35 AQUAREHAB USA Inc................................................................ 62 B2W Software, Inc....................................................................... 66 BakerCorp.................................................................................... 78 Boro Sand & Stone Corp..............................................................74 Brennan Consulting..................................................................... 23 Dennis K. 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L. Edwards, Inc........................................................................ 29 Equipment4Rent............................................................................ 7 Ferguson Waterworks.................................................................. 56 Gorilla Hydraulic Breakers........................................................... 54 L. Guerini Group, Inc................................................................... 72 HD Supply Const. & Industrial AH Harris/White Cap................. 20 Hinckley Allen LLP....................................................................... 42 John Hoadley & Sons, Inc........................................................... 65 Industrial Safety & Rescue.......................................................... 75 JESCO..........................................................................................11 P. A. 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