A publication of the Utility Contractors’ Association of New England, Inc.
SEPTEMBER, 2015
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SEPTEMBER, 2015
IN THIS ISSUE
OFFICERS President TONY BORRELLI Celco Construction Corp. President Elect JOHN OUR Robert B. Our Co., Inc. Treasurer PAUL SCENNA Albanese D&S, Inc. Secretary RICHARD PACELLA, JR. R. M. Pacella Inc.
BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. VINCENT BARLETTA Barletta Heavy Division NICK BIELLO J. D’Amico, Inc. KEVIN COLE J. F. White Contracting Co. STEPHEN J. CONNOLLY ATS Equipment, Inc. MAUREEN DAGLE Dagle Electrical Const., Corp. THOMAS DESCOTEAUX R. H. White Const. Co., Inc. ALEX DUNN Travelers GREG FEENEY Feeney Bros. Excavation, LLC JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. PHIL JASSET Honorary Board Member AL MORTEO FED. CORP. JOSEPH PACELLA RJV Construction Corp. BRIAN RAWSTON Jay Cashman, Inc. KENNETH STEVENS A. H. Harris Construction Supplies PAUL A. UMBRO Umbro & Sons Construction Corp. CHRIS VALENTI GVC Construction, Inc. DAVID ZOPPO R. Zoppo Corp. ANNE KLAYMAN Executive Director
3 President’s Message: MWRA Celebrates 30 Years of Accomplishments and Looks Ahead to the Future
7 Legislative Update: • Massachusetts Department of Environmental Protection Finalizes Interim Policy on the Re-Use of Soil for Large Reclamation Projects • Legislature Preparing for an Active Fall Session • Ballot Questions Begin their Biennial Journey to the Voters as the Attorney General Certifies Certain Measures • Massachusetts Water Use Declines Due to New Technology, Conservation Efforts, and Stronger Regulation; Funding for Water Infrastructure More Important Than Ever • Stormwater Lawsuit Against United States Environmental Protection Agency Withdrawn
15 Braintree to Prohibit Utilities from Digging up Newly-Paved Roads for 10 Years 17 Save the Date...UCANE’s 61st Annual Banquet 18 MWRA at 30: Then and Now 55 Financial Management: • Past Losses Offer Winning Opportunities • Supreme Court Decision May Affect State Taxes • Ongoing Responsibility for Retirement Plans
Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Tony Borrelli Editorial Board: Tony Borrelli, John Our, Paul Scenna, and Richard Pacella, Jr. CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; E-mail: aklayman@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Abington, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.
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MWRA Celebrates 30 Years of Accomplishments and Looks Ahead to the Future
his month, we are devoting much of our magazine to highlighting the accomplishments of the MWRA in recognition of its 30th Anniversary. We also want to recognize the Authority for its strong leadership and management of our state’s water resources. The MWRA has earned a reputation among state and federal municipal water resource planners as one of the most capable, professional, and successful state agencies in the nation. Initially, the scope of its responsibility to plan and implement a comprehensive water infrastructure system must have seemed overwhelming. But what this agency has accomplished in 30 years is a tribute to the men and women who work, on a daily basis, to make the system better. It is a testament to the MWRA’s leadership, its executive directors and those managers and engineers who drew up the plans for a clean drinking water delivery and wastewater treatment system that is second to none. It is a testament to our state legislators who fully supported the MWRA’s mission. The MWRA’s successes are also a tribute to UCANE members who were instrumental in building this network of covered reservoirs, aqueducts, clean water and wastewater pipelines, and treatment plants. UCANE members have always taken pride in their work, as much as they take pride in the business working relationship they have forged with the MWRA. It has taken many years to accomplish this, but this “partnership” has produced arguably the most modern and effective underground water and sewer infrastructure system in the country, while also providing three million or more MWRA customers with “award winning” drinking water. As a result, UCANE will honor current Executive Director Fred Laskey for his 15 years of service to the MWRA at our 61st Annual Banquet on October 24 at the
SEPTEMBER, 2015
Newton Marriott Hotel. I hope that all our members will make a concerted effort to attend. While both the MWRA and UCANE members look towards the scope of future work throughout the Commonwealth, a recent survey by MWH Global found that many Americans are doing the same and have serious concerns when it comes to water infrastructure. According to the survey: • 62% of the respondents think the water infrastructure in their community will last less than ten years; • 66% of the respondents believe their community should be spending more money to make sure its water infrastructure is well maintained and properly functioning; • 91% support the development of additional infrastructure to increase and maintain clean water access to their community; • 61% would support paying higher rates to support the development and enhancement of the water infrastructure in their community. These results illustrate that Americans expect their communities to plan for, and invest in, the stability of their water and sewer infrastructure. The need to properly plan infrastructure work was highlighted when the Town of Braintree recently passed an ordinance to prohibit digging up newly paved roads for 10 years. The measure does allow for emergency work, and a 5-year waiting period for homeowners wishing to hook up to a utility line. The intent of the ordinance is that both the municipality and private utility companies will now have to plan and complete any delayed underground utility repairs or upgrades before the town reconstructs its roadways. (See article on page 15.) continued on page 5
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President’s Message continued from page 3 On a statewide level, Chapter 259, the law that UCANE worked so hard to pass last year, established a special commission to investigate and study ways to improve coordination among utility providers and municipalities. The commission’s mandate – like Braintree’s – is to reduce unnecessary or duplicative paving costs and public inconvenience by better planning when it comes to underground utilities. The “Dig-em Up and Pave, Dig-em Up Again and Repave” scenarios are wasting taxpayer dollars.
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MassDEP Finalizes Interim Policy on the Re-Use of Soil for Large Reclamation Projects
A
ccording to a release from the Massachusetts Department of Environmental Protection (MassDEP), the agency has finalized its “Interim Policy on the Re-Use of Soil for Large Reclamation Projects”. The policy is implemented pursuant to Section 277 of the FY15 budget, which mandated the establishment of regulations, guidelines, standards, or procedures for determining the suitability of soil used as fill material for the reclamation of quarries, sand pits, and gravel pits. The policy is applicable to quarries, sand pits, and gravel pits that will accept 100,000 cubic yards or more. As explained in the release from MassDEP, “the new policy institutionalizes a site-specific review and approval process that has been successfully used on an ad hoc basis to expand opportunities for the reuse of excess soil excavated from development sites.
A
Legislature Preparing for an Active Fall Session
s the Massachusetts legislature returns from its informal August break, activity to address key policy issues should be brisk. Among the items for potential action is to revamp the Commonwealth’s public records law, in addition to legislation addressing title issues related to recently foreclosed real property. The legislature’s initial foray into amending the state’s public records law in June and July met fierce resistance from cities and towns who decried the effort as an unfunded mandate. The title legislation was prepared for passage in the Senate at the end of July before housing advocates derailed the effort. Public records reform and title legislation are expected to be addressed in September. With energy costs steadily rising, there has also been increased talk of passing a comprehensive energy bill. To that end, the Joint Committee on Telecommunications, Energy and Utilities has scheduled hearings for
SEPTEMBER, 2015
MassDEP approval of these projects insures that issues common to large-scale fill projects are appropriately addressed. By providing a mechanism for safely managing soil at quarry reclamation projects, the policy addresses two issues. First, it facilitates the filling and re-use of spent (or abandoned) quarries, sand pits, and gravel pits. These locations are often safety hazards and their reclamation can provide opportunities for beneficial new uses, including parks. Second, it provides increased in-state options for the re-use of soil excavated from new development projects. Such soil often must be shipped out-of-state at substantial cost.” To review the final interim policy, please visit: www. mass.gov/eea/docs/dep/cleanup/laws/massdep-policy-comm-15-01-2015-08-28.pdf.
mid-September and early November to address energy sustainability and infrastructure improvements. As well, various energy coalitions – either supportive of energy reform or not – have massed their grassroots advocacy in anticipation of a battle pitting environmentalists versus utility companies versus ratepayers and businesses. In addition to energy issues, the legislature is expected to wade back into the area of education and consider expanding the number of charter schools within the Commonwealth, as well as early childhood education. Early fall action will likely include the passage of a supplemental budget aimed at closing out the FY15 budget. Likewise, many joint committees, in an effort to catch up after a delayed start, will begin to release filed matters with more frequency. With the halfway mark to the 2015-2016 legislative session looming in November, stay tuned for more information about the matters that gain traction within the legislature. continued on page 9
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Legislative Update continued from page 7
Ballot Questions Begin their Biennial Journey to the Voters as the Attorney General Certifies Certain Measures
A
ccording to a press release from Massachusetts Attorney General Maura Healey’s office, it has been determined that 22 ballot proposals have met the requirements outlined in the state constitution and may proceed to the next step in the process. Among the approved matters, there are 20 proposed laws and two proposed constitutional amendments. The certified petitions cover 16 topics as some petitioners submitted multiple petitions on the same subject. The Attorney General’s Office did not certify 10 of the initiative petitions because they did not meet the requirements outlined in Article 48 of the Massachusetts Constitution. Two of the original 35 petitions were withdrawn by the petitioners and action on a third one was deferred at the request of the petitioner. Article 48 of the Massachusetts Constitution defines the AG’s certification criteria and requires that each petition be in the proper form for submission to voters. Petitions may not be substantially the same as any measure on the ballot in either of the two preceding statewide elections; must contain only subjects that are related to each other or mutually dependent; and may not involve an enumerated set of subjects that are specifically excluded from the ballot initiative process by the Massachusetts Constitution. Among the laws that may not be proposed by initiative petition are laws that would relate to the powers of courts or to religion, laws that make specific appropriations from the Treasury, and laws that apply only to limited parts of the state. Article 48 also provides that laws that are inconsistent with certain constitutional rights, such as freedom of speech, freedom of elections, freedom of the press, and the right to compensation for a governmental taking of private property, may not be proposed by ballot initiatives. Proponents of each certified initiative petition must now gather and file the signatures of 64,750 registered voters by December 2, 2015. Once the requisite signatures are obtained, the proposal is sent to the state Legislature to enact before the first Wednesday in May 2016. If the Legislature fails to en-
SEPTEMBER, 2015
act the proposal, its proponents must gather another 10,792 signatures by early July 2016 to place the initiative on the November 2016 ballot. An initiative petition, if ultimately passed by the voters, becomes a state statute. The process for proposed constitutional amendments is different, requiring approval by at least 25 percent of the Legislature in 2016 and then again in 2017-2018 before appearing on the November 2018 ballot. Voters or petitioners who take issue with the AG’s certification decisions can ask the Supreme Judicial Court for a review. For more information about the certified ballot measures, please visit: www.mass.gov/ago/government-resources/initiatives-and-other-ballot-questions/current-petitions-filed.html. continued on page 11
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Legislative Update continued from page 9
Massachusetts Water Use Declines Due to New Technology, Conservation Efforts, and Stronger Regulation; Funding for Water Infrastructure More Important than Ever
A
ccording to a recent report published by the Gate House Media publication, Wicked News, while Massachusetts’ population has grown by nearly 15 percent since the early 1980s, the Commonwealth’s water consumption has plummeted over the same span, due in part to water management practices and new technologies. This presents a counterintuitive problem for financing the Commonwealth’s water infrastructure needs as water rates produce less revenue with reduced consumption. Thirty years ago, Massachusetts reservoirs were being depleted faster than they could be filled. Such difficulties led the Commonwealth to consider directing water from the Connecticut River to the Quabbin Reservoir to meet the Boston area’s spiking demand. Demand on the MWRA’s system, which includes the Quabbin Reservoir, topped 333 million gallons per day on average in 1985. Today, despite a growing population, demand has fallen to approximately 200 million gallons per day. The MWRA system now has healthy reserves; anticipated to last approximately five years at current usage rates. Part of the change in usage occurred as a result of the 1985 Water Management Act, which limited the amount of surface and ground water that public and private entities can draw from their local water sources. Water suppliers, towns, and large-scale water consumers withdrawing more than 100,000 gallons per day are required to register with MassDEP. If a registered user anticipates needing more water, they are required to apply for a Water Management Act permit. Areas experiencing high levels of growth are more likely to request new permits to draw water at a higher volume. In addition to state regulation and conservation measures, updated plumbing codes, higher water prices, and the development of highly efficient toilets, showers, and washers have also contributed to decreased water consumption. Nationally, water consumption has also fallen in recent years. After SEPTEMBER, 2015
being fairly level for 20 years, national water use dropped by 13 percent from 2005 to 2010, according to the U.S. Geological Survey. As municipalities and regional water authorities have struggled to fund their water infrastructure initiatives, reduced usage is both a benefit and a curse. While the conservation of water protects the environment, reduced usage directly impacts the rate mechanisms, which are designed specifically on the amount of water being consumed. As a result, the Commonwealth’s aging infrastructure must be upgraded and maintained using mechanisms other than the traditional funding mechanisms. continued on page 13
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Legislative Update continued from page 11
Stormwater Lawsuit Against United States Environmental Protection Agency Withdrawn
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s reported in last month’s Construction Outlook, NAIOP Massachusetts recently petitioned to join a lawsuit filed by the Conservation Law Foundation (CLF) and Charles River Watershed Association against the United States Environmental Protection Agency (EPA) as an intervener. Without having addressed the motion to intervene, the United States District Court was recently informed that the plaintiff groups had withdrawn the lawsuit. The lawsuit, which sought to force the EPA to impose a new regulatory program that would have required owners of commercial, institutional, industrial, and high-density residential properties in the Charles River watershed, to comply with heightened regulatory scrutiny, was being closely watched by developers and municipalities alike. The EPA’s stormwater regulations have drawn increasing scrutiny as municipalities and regional water authorities have struggled to quantify the costs necessary to pay for
potential compliance and, equally important, how to pay for such costs. According to CLF’s lawsuit, “[d]uring rain or snowmelt, water drains from the strip-mall parking lots and industrial parks all along the Charles River from Hopkinton, Massachusetts, to Boston Harbor. The water is contaminated with pollutants and debris that dumps into the Charles River. As a result of polluted stormwater runoff, public enjoyment of the river is often subject to health advisories warning people and their pets to avoid contact with the water. Several public swim events scheduled in the Lower Basin have had to be cancelled due to the pollution.” The withdrawal of the lawsuit against the EPA does not signal CLF’s or the Charles River Watershed Association’s acquiescence to the status quo. Expect more news on this matter before the end of the year. n
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Braintree to Prohibit Utilities from Digging up Newly-Paved Roads for 10 Years The town council approved an ordinance which bars non-emergency work on town roads for a decade after they are repaved.
U
tilities will have to wait at least 10 years before they can dig into a newly paved town roadway, under an ordinance approved by the town council Tuesday night. The measure does exclude emergency work, such as a major leak in a gas line. For homeowners seeking to hook up to utility lines, the waiting period would be only five years. At-Large Town Councilor Charles Ryan, who chairs the council’s public works committee, said the purpose of the ordinance is for utilities to take a hard look at the work they need to do on their systems while the town is working on upgrading its roads. “We’re trying to protect the major investment the town is making in our roads,” Ryan said. Improving the town’s roadways has been a major priority for Mayor Joseph Sullivan since he took office in 2008. The town is in the third of Sullivan’s “100 Roads Program,” which seeks to rebuild that number of roads in a three-year period. The current program, which runs through next year, seeks to reconstruct 19.5 miles of roadway on 104 streets. When completed, the town will have resurfaced more than 300 roadways at a cost of more than $24 million. At the same time, Ryan said the town “didn’t want to place any disadvantage on the residents of the town” who may need a street opening to install natural gas service. District 6 Town Councilor Dan Clifford said he was thrilled by the measure. “It’s long overdue,” he said.
SEPTEMBER, 2015
District 5 Town Councilor Michael Owens called the ordinance “a big step forward” for the town. In other business, the council approved an additional $174,000 for the renovation work underway at the East Braintree Fire Station on Hayward Street. The money is to cover additional work that wasn’t foreseen when the project began this spring, Sullivan’s Chief of Staff Michael Coughlin wrote in a memo to the council. Among the added costs are additional asbestos abatement, changes required by town building officials and additional work, such as replacing the building’s overhead doors. O’Brien said the additional funds will bring the total cost of the project to around $1 million. He said the work should be finished by the end of next month. The council approved taking the money from the town’s capital building stabilization account. Written by Fred Hanson. Reprinted with permission from the Patriot Ledger. n
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SEPTEMBER, 2015
Join Us as We Honor UCANE’s Contractor & Associate Member of the Year Recipients and Fred Laskey who is Celebrating 15 Years with the MWRA
MWRA Board of Directors: Matthew Beaton, Chairman John Carroll, Vice-‐Chairman Joseph Foti, Secretary Austin Blackmon Kevin Cotter Paul Flanagan Andrew Pappastergion Brian Peña Henry Vitale John Walsh Jennifer Wolowicz
July 1, 2015 MWRA marked the 30th anniversary of the operation of the MWRA and it’s a good time to take a step th back reflect on m how far twe come and otof tthank the many contractors the great he operation of tUCANE he MWRA and it’s a gfor ood time to twork ake a you step have July 1and , 2015 MWRA arked he 3have 0 anniversary done the years. back aover nd reflect on how far we have come and to thank the many UCANE contractors for the great work you have done over the years. 1985, Boston Harbor was one of the dirtiest harbors in the country with dry weather SSOs and CSOs, In In 1Charles 985, Boston Harbor as one oaf cesspool, the dirtiest our harbors the country with dry eather SSOs and the Cofharles the River was wliterally greatin water system was inwdisrepair, and theCSOs, neglect the River was literally a cesspool, our quality great wof ater was in disrepair, and the was neglect of the watersheds compromised the oursystem source water. The situation beyond anwatersheds embarrassment and compromised the quality of the our Board source of water. The situation was beyond an seemed embarrassment and the daunting tasks the daunting tasks before Directors and staff must have insurmountable. before the Board of Directors and staff must have seemed insurmountable. I believe that we have and are accomplishing the mission envisioned by authors of the enabling act. The I believe of that we have and are ccomplishing the one mission envisioned by authors of tsuccess he enabling act. Tin he the cleanup of cleanup Boston Harbor is anow considered of the great environmental stories country Boston arbor is swimmable now considered of the great eevents. nvironmental success stories n the country with the the Bay harbor with theHharbor evenone during rainfall This summer, Save ithe Harbor/Save studied swimmable even during rainfall events. This scountry ummer, Sand ave determined the Harbor/Save he Bay shad tudied ater quality from water quality from major beaches around that tBoston thewcleanest urban major beaches round country and rated determined that Boston ad the quality cleanest eaches the nprogram ation. The isEPA beaches in theanation. The EPA the Charles Riverhwater asurban a B+band ourin CSO on rated the Ctoharles River water quality a B+ water and our CSO program is on sin chedule to be completed his year. nationally The schedule be completed this year.as The system is now back the forefront of water tsystems water system is now back in the forefront f water systems nationally nd our drinking water was Association. selected as best and our drinking water was selected asobest in the country by theaAmerican Water Works The in the country by efforts the American ater Works Association. The irrefutable. results of these efforts across the board are positive results of these acrossWthe board are positive and and irrefutable. Success has many fathers, as the saying goes: the Board of Directors should be recognized for their dedication Success has The many fathers, aBoard, s the saying oes: ttheir he Board f Directors should be recognized their dedication and and vision. Advisory alonggwith staff,ohave played a critical role in thisfor success as they continue vision t he A dvisory B oard, a long w ith t heir s taff, h ave p layed a c ritical r ole i n t his s uccess a s t hey c ontinue t o w to work to protect and promote the interests of our member communities – without their support, none ofork this to protect promote the interests of othe ur mthoughtful ember communities -‐ ithout their sMazzone upport, none f this wStearns ould have would haveand been possible. In addition, oversight ofwboth Judge andoJudge been ensured possible. that In addition, the thoughtful oversight of the both Judge leadership Mazzone and Judge Stearns ensured that have we have stayed the course, and strong and vision of myhave predecessors left the we h ave s tayed t he c ourse, a nd t he s trong l eadership a nd v ision o f m y p redecessors l eft t he a gency agency with a qualified staff of men and women capable of accomplishing the tasks at hand. with a qualified staff of men and women capable of accomplishing the tasks at hand. And of course, we have only been able to achieve the incredible accomplishments of the last 30 years by And of course, we with have the only been able and to achieve the incredible accomplishments of the last 30 have years by working working together designers contractors who have delivered the projects that worked as together w ith t he d esigners a nd c ontractors w ho h ave d elivered t he p rojects t hat h ave w orked a s p redicted – and predicted – and even better. even better. We hope that you all take pride in being part of the great success that we have achieved. I thank you for We hope that you all take pride in being part of the great success that we have achieved. I thank you for your your dedication to our important mission of providing a clean environment and safe drinking water for the 2.5 dedication to our important mission of providing a clean environment and safe drinking water for the 2.5 million million people we serve. people we serve. Sincerely, Sincerely, Fred Fred LLaskey askey Executive Executive DDirector irector 18 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” SEPTEMBER, 2015
•
MWRA provides wholesale water and wastewater services to over 2.5 million customers in 61 communi<es
Make-Up of aMWRA Service Area On average, MWRA delivers n average of 200 million gallons per day to its MWRA provides wholesale water and wastewater services to over 2.5 million customers in 61 communities water customers, with a peak demand of 350 million gallons •
• • On average, MWRA delivers an average of 200 million gallons per day to its water customers, with a peak demand of 350 million gallons • MWRA collects and treats an average of 350 million gallons of wastewater per • MWRA collects and treats an average of 350 million gallons of wastewater per day, with a peak capacity of day, with a peak capacity of 1.2 billion gallons 1.2 billion gallons
• • • •
51 communities that get water service – over 6,000 miles of water pipe 43 communities that get sewer service Of those, 30 get both water and sewer 39 Towns – 20 Cities – 1 Fire District – 37 Boards of Selectmen – 20 Mayors – 3 Council Presidents
New Agency Was Needed Violation Aof the Clean Water Act In 1982 and 1983, civil suits were filed against the MDC and other state agencies claiming that the Massachusetts Clean Waters Act had been violated as a result of discharges of untreated and partially treated sewage from Nut and Deer Islands • MDC was determined to be unable to fulfill its mission A New Agency was Needed
• MDC was determined to be unable to its missionlegisla<on was ready • fulfill Comprehensive for c onsidera<on the legislature in • Comprehensive legislation was ready for considerationby by the 1984 legislature in 1984 • But over the summer, progress was slowed • But oas ver lawmakers, the summer, regulators, progress was lawyers, environmentalists, and citizensslowed wrangled over the details as lawmakers, regulators, lawyers, environmentalists • A Federal Judge brought the process to a head by declaring aand ci<zens wrangled over the details moratorium on new sewer hookups • A Federal Judge brought the process
a head by declaring oratorium The MWRA Opened to on July 1,a m1985 on new sewer hookups
• MWRA assumed responsibility for the water and sewer infrastructure serving greater Boston, and to end the pollution of Boston Harbor from obsolete treatment plants • MWRA was created as an independent authority charged with raising its revenue from ratepayers, bond sales and grants • MWRA had to establish wholesale water and sewer rates to cover all costs, including a massive capital program to repair and upgrade the systems • MWRA was also charged with promotion and enforcement of water conservation and planning for the future • In compromise with Western and Central Massachusetts, MDC retained watershed management, but MWRA covers costs continued on page 21
SEPTEMBER, 2015
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19
MWRA continued from page 19
What Did They Inherit?
Two Obsolete Wastewater Treatment Plants
Dry Weather CSOs
Raw Sewage Pouring into Boston Harbor Daily
Dry Weather CSOs
continued on page 23
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SEPTEMBER, 2015
MWRA continued from page 21
On the Water Side, Things Were Pretty Grim And A were Lot Of Leaky, Old Pipes Thousands of miles of aging pipelines leaking millions of gallons of water No plans were in place for upgrades to carry the water system into the next century And the Northeast Drought of the late 1960s cast doubt on the adequacy of existing sources Little covered storage Neglected Dams And Unprotected Watersheds – Open reservoirs after treatment – Crude and inconsistent disinfection • • • •
continued on page 25
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e Northfield Project was a proposal for skimming Connec<cut River spring od flows and diver<ng them into the Quabbin Reservoir MWRA continued from page 23
Studies Were Underway for Alternative Sources
The Northfield Project was a proposal for skimming Connecticut River spring flood flows and diverting them into the Quabbin Reservoir. continued on page 27
508-548-1800 fax: 508-548-6917
396 Gifford St., Falmouth, MA 02540 P.O. Box 913, Falmouth, MA 02541
COLD PLANING SERVICES
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hot Mix Asphalt Roadway Milling
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Cutting Depth Up to 12inChes For rental information and quotes please contact Andrew McDermott at amcdermott@lawrencelynch.com
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HINES OVER 100 MAC
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Quabbin Reservoir
Storage:MWRA continued 412 frombillion page 25 gallons
What Did We Have To Do? 150 feet Restore One of the World’s Greatest Water Systems 17.9 miles
Depth:
Length:
Quabbin Reservoir • Storage: 412 billion gallons Width: 3 miles • Depth: 150 feet orld’s Greatest Water Systems • Length: 17.9 miles • Width: 3 miles
Wachusett Reservoir • Storage: 65 billion gallons • Depth: 129 feet • Length: 8.5 miles • Width: 1 mile
continued on page 28
Wachusett Reservoir
Storage:
65 billion gallons
Depth:
129 feet
Length:
8.5 miles
Width:
1 mile
allons
25
The Underground Authority.
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Vacuum Excavators Compact and economical solution for hydro and air utility potholing.
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Utility Locators Industry-best featuring ease of use and pinpoint accuracy.
SALES • SERVICE • PARTS • RENTALS 167 Memorial Drive • Shrewsbury, MA 01545 T: 508.719.0200 • www.DitchWitch.com
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25
A Civil Engineering Marvel MWRA continued from page 27
Civil Engineering Marvel – 102 miles oA f ac<ve transmission mains and tunnels (43 miles on standby) • – 102 miles of active transmission mains and tunnels miles on standby) 284 miles of distribu<on mains with over 4,700 (43 valves • – 284 miles8of distribution mains over b 4,700 valves About 5% of the water is dwith elivered y gravity • – About the water is delivered by gravity 11 p85% ump of sta<ons • 11 pump stations – 5 years of storage • 5 years of storage
atment Plant:
Addition Of Ultraviolet Light Disinfect Daniel O’Connoll’s Sons, Inc. 26
John J. Carroll Water Treatment Plant Addition of Ultraviolet Light Disinfection • New (Daniel regula<ons equired hat unfiltered (Barletta Engineering) O’Cronnoll’ s tSons, Inc.) systems mus
• Completed in July 2005 • Treatment Processes: -
Ozonation for primary disinfection Corrosion control Chloramination for secondary disinfection Fluoridation
disinfectants, one of which must achieve Cryptosporid
• New regulations required that unfiltered systems must have two primary • UV facili<es at the Carroll Treatment Plant came on-‐lin disinfectants, one of which must achieve Cryptosporidium inactivation • UV facilities at the Carroll Treatment Plant came on-line in April 2014
ary
continued on page 29
28 28
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
MWRA continued from page 28
MetroWest Water Supply Tunnel • The MetroWest Water Supply Tunnel was brought on-line in November 2003 • By March 2004, the Tunnel was being fully utilized allowing the shutdown of the Hultman Aqueduct for repair
Hultman Aqueduct Rehabilitation (Barletta Heavy Division) • Since 2013, for the first time since originally planned in the 1930s, the Metropolitan Water System has redundancy for the Hultman Aqueduct from Marlborough to Weston
continued on page 31
Darmody, Merlino & Co., LLP CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS
Serving The Construction Industry Since 1938 75 Federal Street, Boston, Massachusetts 02110-1997 OFFICE 617.426.7300 • FAX 617.426.2245 WWW.DARMODYMERLINO.COM
SEPTEMBER, 2015
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29
Investments In Watershed Protection MWRA continued from page 29 Covered Storage Projects
Covered Storage Projects
Investments in Watershead Protection
• Since 1985, $133 million has been invested in land preserva<on
• MWRA has built six new covered storage
• Since 1985, $133 million has been invested in land preservation • So well protected, the protected, Safe Drinking Water Act requires only disi The • last The one is last just about onecomplete is just about complete • So well the Safe Drinking Water Act requires only disinfection
• MWRA htanks as built sto ix nreplace ew covered all storage tanks to replace all open reservoirs open reservoirs •
Watershed
% of Watershed
WachuseT Reservoir
56%
Ware River
62%
Quabbin Reservoir
80%
32
Water Pipeline Rehabbed or Replaced • 81 miles of MWRA-owned pipeline • 474 miles of community-owned pipeline
Water Conservation Worked
• Boston’s usage is at a 110-year low continued on page 33
L. GUERINI GROUP, INC. SINCE 1917
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CONCRETE PUMPING EQUIPMENT “TELEBELT” MOBILE CONVEYORS STONE SLINGER SERVICE Pumps Up To 200 yds/hr • Booms Up To 142’ Reach Line Pumps • Grout Pumps Material Placement To 106’
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SEPTEMBER, 2015
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31
We Stand Apart from the Crowd.
As one of New England’s leading insurance brokers, we possess the skills and resources necessary to provide your business with the very best risk management, insurance and employee benefit solutions available today. We understand that each of our clients has a unique risk profile, and we provide custom-tailored services to meet specific, individual needs. Our expertise, integrity and unmatched service are the qualities that allow us to stand apart from the crowd. Contact us today to experience the difference. Property & Casualty
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MWRA continued from page 31
On the Wastewater Side
• The 15-year, $3.8 billion Boston Harbor Project was completed in 2001 is treated at the new Deer Island Treatment plant every day, with a peak capacity of 1.2 billion gallons • Treated wastewater is discharged 9.5 miles out into the deeper waters of Massachusetts Bay
Deer Island Construction • About 380 million gallons of wastewater
Deer Island Construction • Water quality in Boston Harbor continues to improve dramatically • Sewage solids discharged from Deer Island have been reduced by 85% • Toxic pollutants have been reduced by 90% and water is three times as clear 53
continued on page 35
SEPTEMBER, 2015
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54
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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
MWRA continued from page 33
Combined Sewer Overflow Control Program • Five communities – Boston, Brookline, Cambridge, Chelsea, and Somerville – have combined sewer systems that connect to MWRA's sewer system • Since 1996, 94 miles of new storm drains and sanitary sewers have been installed
continued on page 37
Specialists In Bonding And Insurance For Contractors Since 1926 CARL TRAINA 300 Congress Street Quincy, MA 02169-0907 617.773.9200 238 Bedford Street Lexington, MA 02421 781.861.1800
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Highest Level of Quality, Greatest Level of Skill
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MWRA continued from page 35
South Boston CSO Storage Tunnel and Pump Station (Barletta Engineering)
Union Park Detention/Treatment Facility: Barletta Engineering
Union Park Detention/Treatment Facility (Barletta Engineering)
continued on page 39
60
Perma-Liner ™ Our cured-in-place-pipe lining systems rehabilitate the underground infrastructure without digging! The Perma-Lateral system is used for the structural repair of house laterals while the Point Repair system is used to repair damaged spots in the main line.
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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
MWRA continued from page 37
Brookline Overflow Conduit (National Water Main Cleaning Co.)
South Boston CSO Project: Ventilation Building (P. Gioioso & Sons, Inc.)
continued on page 41
or Insurance Problems? Bond or Insurance Problems? ondLetBond or Insurance Problems? LetLetupon ususimprove upon improve uponyour yourcurrent currentprogram. program. us improve your current program. We Wecan canhelp! help! We can help!
• Problem Obtaining Service? Uncompetitive Terms? • Problem Obtaining Bonds?• •Slow •Uncompetitive Slow Service?• Terms? • Uncompetitive Terms? • Problem Obtaining Bonds? • SlowBonds? Service? Bid Bonds Performance && Payment Bonds • Bid Bonds • Performance Payment Bonds • Bid Bonds • •Performance &• Payment Bonds High Insurance Premiums? • Inadequate • Poor Service? • High Insurance Premiums? • Inadequate Coverage? • Poor Service? • High Insurance• Premiums? • Inadequate Coverage? • PoorCoverage? Service? • All Forms of Liability andand Property Insurance • All Forms of Liability Property Insurance • All Forms of Liability and Property Insurance • Newton Johnson, President • Oscar B. B. Johnson, Executive ViceVice President • President Newton Johnson, President • Executive Oscar Johnson, Executive President • Newton Johnson, • Oscar B. Johnson, Vice President • Mark D. Leskanic, Vice President • Christopher Clark, Account Executive • Mark D. Leskanic, Vice President • Christopher Clark, Account Executive • Mark D. Leskanic, Vice President • Christopher Clark, Account Executive
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4.indd 1
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39
Proven legal counsel. Concrete results. Hinckley Allen is one of the Northeast’s largest and most experienced providers of legal services to the construction industry. Our ability to provide value and deliver results has earned us a first-tier national ranking in U.S. News and World Report’s 2015 “Best Law Firms” for the LitigationConstruction category.
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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
MWRA continued from page 39
Annual CSO Volume Has Been Reduced Dramatically Dramatic Improvements In Water Quality – Even In Wet
• $900 million program with 32 of 35 projects have been completed to date Weather • Annual CSO volumes have already been reduced by 2.7 billion gallons • By 2015, 93% of the remaining CSO flows will be treated
Dramatic Improvements In Water Quality - Even In Wet Weather
1987-‐1998 (Before Secondary Treatment and 1987-1998South (Before Secondary Treatment System transfer)
and South System Transfer)
1999 -‐ 2014 (AUer Secondary Treatment
1999-2014 (After Secondary and New OuWall) Treatment Outfall) and New
1987 -‐ 1991
1999 -‐ 2014
Average Enterococcus counts in Boston Harbor in wet weather. The lighter blue, the better Average Enterococcus counts in Boston Harbor in wet weather
continued on page 43
The lighter the blue, the be-er 62
PLANT LOCATION:
200 LEGACY BLVD. DEDHAM, MA 02026 Plant: 617-590-0024
MATERIALS AVAILABLE FOR PURCHASE: • 1” MINUS PROCESSED GRAVEL • ¾” & 1½” CRUSHED STONE • SCREENED LOAM • SCREENED SAND MATERIALS ACCEPTED: • BROKEN ASPHALT • NON & REINFORCED CONCRETE • CONCRETE WITH WIRE MESH • ROCK • BLASTED LEDGE
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OFFICE:
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HOURS OF OPERATION: MONDAY-FRIDAY: 6:30 A.M. – 4:00 P.M. SATURDAY: 7:00 A.M. – 12:00 P.M.
DELIVERIES AVAILABLE ON LARGE ORDERS. PLEASE CALL FOR PRICING.
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
41
PARTS
SALES
SERVICE
RENTALS
w w w. l h e q u i p . c o m PO Box 857 160 Elm Street Walpole, MA 02081 Phone: 508-660-7600 Fax: 508-660-7614
42
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
MWRA continued from page 41
And We Love Being Green • About 85% of the water is delivered by gravity • Of our $40 million annual energy budget, $22 million comes from renewable sources • 98% of methane is utilized at Deer Island • Hydroelectric Power • Solar Power • Wind Power • Public Access • Aqueduct Trails continued on page 45
Alewife Stormwater Wetland (P. Gioioso & Sons, Inc.)
SEPTEMBER, 2015
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
43
Protect your crew and a whole lot more. From training your crew on safety regulations to helping you choose the right equipment for the job, our innovative Trench Safety Solutions help increase productivity and lower costs. Next time you’re underground, count on us to help keep your crew, and your project, safe.
UnitedRentals.com/Trench 800.UR.RENTS
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The Underground Equipment Specialist® • Shoring
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• Pipe Plugs & Testing Equipment
• Engineering
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44
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
MWRA continued from page 43
Horizontal Directional Drilling the Fore River Siphon (Jay Cashman, Inc.)
Pipebursting East Boston Branch Sewer (P. Caliacco Corp.)
continued on page 47
SEPTEMBER, 2015
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
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THE BEST CHOICE FOR PROTECTION
FROM THE GROUND UP. Keeping everyone safe on the job site isn’t simple, but choosing the insurance package that’s right for you can be. Cavallo & Signoriello knows what you need. VISIT WWW.CANDSINS.COM OR CALL 508.339.2951 TO LEARN MORE
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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
MWRA continued from page 45
Back in the 1890s, the Buildings Reflected the 1899: Sudbury Aqueduct Terminal Chamber High Esteem in Which Water was Held
1899: Chestnut Hill High Service Pump Station
1898: Chestnut Hill High Service Pump Station
1899: Sudbury Aqueduct Terminal Chamber
84
85
But After WWII, Highways Were King and Water Was All But Forgotten
continued on page 49
SEPTEMBER, 2015
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Time for new equipment?
C.N. Wood Has You Covered Reliable Equipment Call the location nearest you today!
• • • •
Dozers Excavators Wheel Loaders Articulated Trucks
• Backhoe Loaders • Graders • Skid Steer Loaders and more
Responsive Service • Parts available within 24 hours • Service on the job site or in C.N. Wood’s state-of-the-art facilities
Komatsu Distributor Massachusetts Woburn 781-935-1919
Avon 508-584-8484
Whately 413-665-7009
Rhode Island Johnston 401-942-9191
www.cn-wood.com
48
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
MWRA continued from page 47
And the Buildings Got More Utilitarian...
1967: Chelsea Creek Headworks
1969: Cosgrove Intake
1967: Chelsea Creek Headworks
1969: Cosgrove Intake
90
We’ve Tried to Bring Some of That Sense of Pride Back Into These Critical Facilities 93
2003: Squantum Pumping Station (Zenone, Inc.)
2003: Squantum Pumping Station Zenone, Inc.
2005: Intermediate Pumping Station 2005: Intermediate Pumping Station J.F. White Contracting (J. F. White Contracting Co.)
continued on page 51
P.A. Landers, Inc. 96
The Smart Choice For All Your Site Development Needs
“WE DELIVER QUALITY BY THE TRUCKLOAD” 351 Winter Street • Hanover, MA 02339 Route 130 • Sandwich, MA 02563 800.660.6404 • 781.826.8818 800.834.4333 • 508.477.8818 Fax: 781.829.8934 Fax: 508.477.8818 www.palanders.com
SEPTEMBER, 2015
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
49
97
Don’t dig yourself into trouble... The Perfect Excavation: • Use caution and dig by hand when working within 18” of a marked facility.
• Pre-mark the location of intended excavation using white stakes, paint or flags. • In MA, ME, NH and RI, notify Dig Safe® at least 72 business hours in advance. • In Vermont, notify Dig Safe® at least 48 business hours in advance.
• If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged. • Call 911 if the damaged facility poses a risk to public safety.
• Notify non-member facility owners.
• Know your state’s excavation requirements. Go to digsafe.com for educational material and current laws.
• Maintain the marks placed by underground facility owners.
Call
before you dig. digsafe.com
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1-800-894-FUEL (3835) • www.tayloroilco.com
50
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
MWRA continued from page 49
Hopefully, the Next 30 Years Will be as Successful Deer Island Received Its 4th Platinum Award
"Best Drinking Water" in the Country
• No permit violations for 8 years in a row!
Boston Now Has Some of the Cleanest Urban Beaches in the Country
Boston’s Waterfront is the Region’s Fastest Growing Zip Code
Charles River Gets High Marks • In its latest annual report card, the EPA has given the Charles River a B+ for water quality.
SEPTEMBER, 2015
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
51
MWRA Projects Completed by UCANE Members Albanese D&S, Inc.
• Northern Extra High Pipeline Improvements - Sections 45, 63 & 83 • Wachusett Interim Corrosion Control Facility
• Cummingsville Replacement Sewer, Winchester • Northern High Service Revere and Malden Pipeline Improvements - Section 53, Revere • Dorchester Sewer Separation - Contract 1 • Northern Intermediate High - Stoneham-Reading Connection • East Boston Branch Sewer Rehabilitation
D’Allessandro Corporation
Albanese Brothers Inc.
• Lynnfield/Saugus Pipeline • Upper Neponset Valley Relief Sewer • Water Main Construction - Section 53, Malden
Barletta Engineering Corp. • • • • • • • •
Cambridge Sewer Separation, Contract 8B Hultman Aqueduct Interconnections John J. Carroll Water Treatment Plant Rehabilitation of Water Pumping Stations - Phase II South Boston CSO Pump Station Spot Pond Pump Station Sewer Improvements Union Park Detention/Treatment Facility Upper Hultman Aqueduct Rehab
Barletta Heavy Division • • • • • • • •
Blue Hills Covered Storage Facility East Boston Branch Sewer Interceptor Relief Hultman Aqueduct Rehabilitation and Interconnections Hultman Aqueduct Excavation and Repair Loring Road Hydroelectric Lower Hultman Aqueduct Rehab Section 156 Sewer Rehab, Everett Wachusett Aqueduct Emergency Interconnection Valves
P. Caliacco Corp.
• Boston Low Service - Phase III • Dorchester Corridor Valve Replacement • East & West Spot Pond Supply Mains Rehabilitation Project Early Valve Replacement • East Boston Relief Sewer - Pipebursting • Hingham Pump Station Isolation Gate • Hultman Aqueduct Valve Chamber • John J. Carroll Water Treatment Plant Storage Tank Pipe Extension • New Neponset Valley Relief Sewer • Northern High Service Distribution • Reading Extension Relief Sewer • Rehabilitation of Weston Aqueduct Supply Mains 1 & 2 • Section 97A, Revere • Southern High Service Pipeline Improvements - Sections 19, 20 & 58 • Southern Spine Distribution Mains-Section 107, Phase 1 • Squantum Pumping Station Force Main Rehabilitation • Weston Aqueduct Supply Mains 3 - Section 12 PCCP Replacement
D&C Construction Co., Inc.
• Cottage Farm Brookline Connection and Inflow Control • Modifications to Alewife Brook Pump Station • New Neponset Valley Relief Sewer
52
J. D’Amico, Inc. • • • • • • • • • • • • • • • •
Archdale Diversion Structure Boston Low Service Water Main Rehabilitation - Phase II Chicopee Valley Aqueduct - Shea Avenue Leak Repair Framingham Extension Relief Sewer - Force Main Heath Hill Section 52, Phase 2 Rehabilitation New Neponset Valley Relief Sewer Phases 3 Valve Replacement Phases 4 Valve Replacement Phases 5 Valve Replacement Section 28 Suction to Brattle Court, Arlington Southern Sewerage Collections Systems Improvements, Hydrogen Sulfide Monitoring Installations Walnut Street and Fisher Hill Pipeline Rehabilitation, Phase I Walpole Extension Relief Sewer Washington Street Pipeline, Lynn Water Main Rehabilitation, Section 16W Watertown Section Pipeline Rehabilitation
P. Gioioso & Sons, Inc. • • • • • • • • • • • • • • • • • • • • • • • • •
Alewife Constructed Wetlands Brookline Sewer Separation Bulfinch Triangle Sewer Separation Cambridge CSO Stormwater Wetland Cambridge Sewer Separation, Contract 8A Chelsea Trunk Sewer Relief Project Control Gate and Floatables Control at Outfall MWR003 and MWRA Rindge Avenue Siphon Relief Hough's Neck Pump Station James L. Gillis Pump Station – Sections 13 & 64 Melrose Section 51 Sewer Connection Northern High Service Pipelines Quincy Pumping Station Quincy Pumping Station Force Main Rehabilitation Replacement of Chestnut Hill Pumping Station Section 17.5 Sewer Rehabilitation South Boston CSO Ventilation Building Southern Extra High-University Avenue Water Main Spot Pond Pipeline Improvements - Medford, Malden & Stoneham Spot Pond Supply Mains - Sections 4, 5, 6, 7, 11, 12, 16W, 57 & 67 Upper Neponset Valley Replacement Sewer - Sewer Sections 685 & 686 Water Main Construction - Section 98, Winthrop Water Main Construction - Sections 97/97A, Revere Water Main Construction - Section 93 and 94 Water Transmission Main - Sections 95 & 100 Wellesley Extension Sewer Replacement
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
Thank You UCANE Members for 30 Years of Remarkable Accomplishments!
• CSO Treatment Facilities Upgrades at Cottage • Farm Rehabilitation of Commonwealth Avenue Pumping Station
• • • • • • •
National Water Main Cleaning Co.
R. H. White Construction Co., Inc.
LM Heavy Civil Construction, LLC • Adams Street Grade Crossing and Cattlepass Bridge • Lynnfield Water District Interim Connection
Methuen Construction Co., Inc.
• Brookline Outfall Cleaning
Daniel O’Connell’s Sons • • • • •
Brutsch Water Treatment Facility - Ultraviolet Facilities Carroll Treatment Plant - Ultraviolet Facilities Deer Island Clarifier Rehabilitation Deer Island Primary and Secondary Clarifier Rehabilitation Valve and Spillway Work at Winsor Dam
RJV Construction Corp.
• Phase VII Valves • Sections 36, W11C and S9-A, Arlington and Medford • Southern Spine Section 107, Phase 2
W. Walsh Co., Inc. • • • • • •
BOS019 Little Mystic CSO Facility Deer Island Scum Skimmer Replacement Little Mystic River Channel CSO Storage Conduit South Boston CSO Project - Pump Station and Sewers Spot Pond Covered Storage Tank Spot Pond Storage Tank and Emergency Pump Station
J. F. White Contracting Co.
• Back Pressure Steam Topping Turbine • Braintree-Weymouth Intermediate Pump Station
SEPTEMBER, 2015
Deer Island - North Main Pump Station VFDs Mill Cove Siphon Norumbega Covered Storage Nut Island Electrical and Conveyor Improvements Nut Island Switchgear Modifications Outfall 023 Cleaning Wastewater Transport SCADA Implementation, Phase 1
• Clinton Wastewater Treatment Plant: Aeration Efficiency Improvements • Clinton Wastewater Treatment Plant Rehab: Anaerobic Digesters, Primary Clarifiers and New Influent Gates • Windsor Dam Sump Pump Replacement
R. Zoppo Corp.
• Chelsea Screen House Flow Modifications • Chestnut Hill Pump Station Supply Mains • Commercial Point, Fox Point and Somerville Marginal CSO Facilities Upgrade • CSO Hydraulic Relief Projects • Deer Island Water Storage Tank & Winthrop Water Main Construction • East/West Spot Pond Supply Mains Contract 3 - Sections 3, 4, 9, 10 & 11 • Fox Point Combined Sewer Overflow Facility • Interceptor Connection Relief & Floatables Control at Outfall SOM01A • Oakdale Power Station – Phase I Valve Rehabilitation • Sluice Gate Rehabilitation - Phase II • Wachusett Dam PCB Removal • Wachusett Reservoir Spillway Improvements and Quabbin Drain & Spillway Repairs • West Roxbury Tunnel - Repairs to Sections 138 and 137 • Weston Aqueduct Supply Main 4/South Charles River Valley Sewer Rehabilitation (Note: does not include Boston Harbor Project)
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
53
SAND & STONE CORP. 192 Plain St. North Attleboro, MA 02760 (508) 699-1922 www.borocorp.com
Serving the Bonding and Insurance needs of the N.E. construction industry for over 40 years.
Adam DeSanctis Gregory Juwa James Axon Michael Carney Wilder Parks Michael Gilbert Bryan Juwa David Boutiette Paul Patalano Dick Caruso Jonathan Duggan Eric Pratt
54
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
SEPTEMBER, 2015
Cantor Novak Beaver & Pike, PC 41 University Drive, Suite 401 Newtown, PA 18940 215.550.2952 John E. Merchant, CPA 215.550.2953 IN THIS ISSUE:
Cullen, Murphy & Co., P.C.
• Past Losses Offer Winning Opportunities • Supreme Court Decision May Affect State Taxes • Ongoing Responsibility for Retirement Plans Smart Tax, Business & Planning Ideas from your Trusted Business Advisor
sm
F
Past Losses Offer Winning Past Losses Offer Winning Opportunities Opportunities
September 201
What’s Insid
Despite this seeming up-taxable account mutual funds in his or nearly two decades, inand-down symmetry, stock that report $10,000 of long-term capivestors have been riding a market gains and losses are not 1 Past Losses taltaxed gains distributions which equally. When you file this year,Offer stock market roller coastWinning Carl reinvested. yourhas annual income tax return, Opportunities er. The late 1990s tech stock all of net capital2,gains Inyour example Carl reports a net are taxed. That’ s true whether boom turned into a bust in the loss of $40,000 for the year3 (netting Supreme Court you have $1,000 of gains or early years of this century, as the $50,000 loss and the $10,000 fund May Decision $100,000 of gains. Moreover, distribution). However, the maximum the Dow Jones Total Stock MarAffect State you’ll owe tax on gains taken annual net capital loss deduction by your mutual funds, even Taxesis ket Index fell by nearly 45%. limited to all $3,000 if you have of your per gains year on a single After a real estate-led recovery (Gains in taxorreinvested. a joint income tax return. 3 Ongoing favored retirement accounts pushed stocks to new highs, Responsibility aren’t taxed Carrying currently.) Over for Retirement a real estate collapse dropped Example 1: Ann Baldwin Plans Therefore, Carl can deduct that index more than 50% from 2007 to 2008. executes tradesonly in her$3,000 taxable of his $40,000 accounton in 2015 net capital loss frominvestment the income his 2015 tax return. Since then, the index has nearly tripled; as of 4 Tax Calendar For nearly two decades, investors havehappens and reports long-term of capital What to the$50,000 otherof$37,000 Carl’s net capital this writing, U.S. stocks are nearbeen record levels. riding a stock market roller gains capital loss losses.carryover, Ann also losscoaster. in 2015? It’sand a no capital which Carl can late 1990s tech stock boom turned owns mutual funds in that account, Despite this seeming up-and-downThe symmetry, stock fo use in the future. Such losses can offset net capitalCoverage gains, into a bustWhen in the early this which report $10,000 of long-term market gains and losses are not taxed equally. youyears of Care dollar carryoversthis that aren’t used this way the capital Dow Jones Total Stockfor dollar. capitalLoss gains distributions year, file your annual income tax return, all ofcentury, your asnet canAfter be deducted each up to Market Index fell by nearly 45%. a which Ann hasyear, reinvested. Ann$3,000. owes tax Medicaid, a progr gains are taxed. That’s true whether you have $1,000 of real estate-led recovery pushed stocks to on the gain. Example 3: entire Carl$60,000 carries over a $37,000 net for capilow-income gains or $100,000 of gains. Moreover, new you’ll owe tax on highs, a real estate collapse dropped Example 2: Carl Davis executes trades tal loss from 2015. In 2016, he has a net capital gain of individuals that gains taken by your mutual funds, even if you have all that index more than 50% from 2007 to in his taxable investment account during $11,000. Carl can completely offset that gain with his loss jointly funded by of your gains reinvested. (Gains in tax-favored retirement 2008. Since then, the index has nearly the year and reports $50,000 of capital federal carryover, he and owes no tax onCarl, histoo, gains that year. He and stat tripled; as of this writing, U.S. stocks are so losses no capital gains. accounts aren’t taxed currently.) governments, pa near record levels. owns mutual funds in his taxable account still has a net loss of $26,000, so he deducts $3,000 from Example 1: Ann Baldwin executes trades in her taxthat report $10,000 of long-term capital at least 40% of to other income on his 2016 tax return. Going into 2017, Carl
able investment account in 2015 and reports $50,000 of long-term capital gains and no capital losses. Ann also owns mutual funds in that account, which report $10,000 of long-term capital gains distributions this year, which Ann has reinvested. Ann owes tax on the entire $60,000 gain. Example 2: Carl Davis executes trades in his taxable investment account during the year and reports $50,000 of capital losses and no capital gains. Carl, too, owns
SEPTEMBER, 2015
has a $23,000 net capital loss continued carryover. on page 2
nursing home co in the United Stat
Example 4: In 2017, Carl executes no taxable trades. On his tax return for that year, he takes a $3,000 net capital loss deduction from his carryover. Going into 2018, Carl will have a $20,000 net capital loss carryover. And so on, year after year. continued on page 57
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55
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SEPTEMBER, 2015
Financial Management continued from page 55 As you can see, taking capital losses can save taxes, now or in the future.
Using Carryovers It may make sense to use loss carryovers as soon as possible. If you have carryover losses from the 2008 financial crisis—or even from the bursting of the tech bubble eight years earlier—the current bull market in stocks might provide opportunities to use them up. Example 5: Erica Foster has a total of $120,000 in loss carryovers, mainly from 2000 and 2008. At present, most of the stocks Erica owns have gained value since the purchase date. Erica is concerned that her exposure to the stock market is too high. Thus, Erica sells the stocks of seven different companies she owns, for a total gain of $105,000. Using her loss carryovers, Erica will report no taxable gains for 2015. She’ll still have a $15,000 loss carryover, so Erica can take a $3,000 deduction on her 2015 tax return, reducing her loss carryover still further, to $12,000. Suppose, in our example, Erica is extremely concerned about a stock market pullback. She could use all the money from her stock sales to diversify away from the stock market and increase her holdings of bonds, commodities, cash equivalents, and so on. By such a move, Erica may have substantially reduced her risk in case of another stock market crash.
Building Basis Liquidating stocks is not the only move you can make when you use up loss carryovers. Example 6: Erica takes gains on seven stocks to use up most of her loss carryovers, as explained
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he current 10 best-selling cars in the United States range in basic price from $17,250 (Hyundai Elantra SE) to $24,300 (Hyundai Sonata SE Sport 2.4L 6-Speed Automatic). The top seller, the Toyota Camry L, costs $22,970 with basic features. Average annual insurance costs for all 10 models range from $2,551 to $2,862. Source: WalletHub
in example 5. In this scenario, though, Erica is only moderately worried about a future market crash. She uses the money from selling three of her stocks to buy bonds and increase her holdings of money market funds, reducing her stocks. The money from selling the other four stocks is used the next day to buy back those stocks, which Erica believes have excellent future prospects. This buyback will raise Erica’s basis in those stocks, reducing the taxable gain or increasing the capital loss on a future sale. Suppose Erica invested $25,000 in ABC Corp. in 2009. This year, she sells those shares for $40,000. As explained, Erica will owe no tax on the $15,000 gain because of her loss carryovers. After the buyback, Erica will have a $40,000 basis in ABC, not a $25,000 basis, so she’ll have improved her tax position without paying any tax.
Unwashed
If Erica were to sell shares at a loss and buy them back any time in the next 30 days, the wash sale rules would prevent her from using the loss on her tax return. The wash sale rules don’t apply to capital MBO Precast Inc. gains, though, so Erica is allowed 4 Marion Drive • Carver, MA 02330 to boost her basis in this manner. T: 508-866-6900 • F: 508-866-5252 If you don’t have loss carrywww.MBOPrecast.com overs from prior years, you still can benefit from knowing the tax treatStone Strong Retaining Wall Systems ment of capital gains and losses. Take losses regularly, as long as Manholes / Catch Basins / Custom Structures the trades fit in with your investSeptic Tanks / Leaching Products ment strategy. Use the capital losses to offset gains and take annual losses up to $3,000, whenever the losses you take during the year exceed the gains you take. Larger net losses can be carried over into future years and play a valuable role in your investment tax planning. continued on page 59
SEPTEMBER, 2015
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Financial Management continued from page 57
I
Supreme Court Decision May Affect State Taxes
n May 2015, the Supreme Court decided a case involving Maryland state personal income taxes (Comptroller of the Treasury of Maryland v. Wynne [No. 13-485]). The narrow 5-4 outcome in favor of the taxpayers, in which the Court held that Maryland’s personal income tax system violates the Constitution, could have far-reaching effects. Maryland’s state personal income tax has two components: a “state” income tax, imposed at graduated rates, and a “county” income tax, imposed at a single rate depending on an individual’s county of residence. At the time of the dispute, Maryland offered a credit against the state tax for taxes paid to other states but not against the county tax.
a credit for the taxes paid to other states against their state and county income taxes. (A tax credit is a dollar-for-dollar reduction in tax owed.) Maryland allowed the tax credit against the 5.75% state income tax but not against the county income tax. The couple challenged this determination administratively and in the courts, with the case eventually going to the Supreme Court, which held for the Wynnes. The Supreme Court held that Maryland’s personal income tax system was invalid because it led to some income being taxed twice, by Maryland and the state in which it was earned. This favored intrastate over interstate commerce, which the Court found violated the dormant Commerce Clause of the U.S. Constitution.
Gauging the Impact
The decision will affect many Maryland taxpayers. According to some reports, about 8,000 residents have filed “protective refund” claims relating to this issue. Such claims preserve taxpayers’ rights in case of a favorable turn of events. Based on these Brian Wynne, a Maryland resident, was a partnumbers, $200 million of refunds could be triggered. owner of a health care company that operated nationThis could help the individuals and companies that ally, filing income tax returns in 39 states. Because paid tax to other states but strain revenues in Marythe company is an S corporation, its income flowed land going forward. through to Brian and his wife, Karen, on their joint The issue may reach beyond the borders of tax return. For the year in question, the Wynnes paid Maryland as well. Across the United States, many thousands of dollars in income tax to other states cities, counties, and other local entities tax residents’ where the company operated. The Wynnes claimed income. If there are situations where business or individual taxpayers do not receive an offsetting tax credit, such laws might be inCall Your Nearest GENALCO Warehouse valid, in light of the Supreme Court For These Supplies decision. HYDRAULIC GRADE 8 STROBE LIGHTS OIL NUTS & BOLTS Example: Bob Reynolds reWEATHER CAPS sides in a city with an income tax. AIR CLEANERS GREASE FITTINGS Bob sells investment property in BUCKET TEETH HYDRAULIC HOSE another state and incurs a taxable BUCKET LIPS gain, thus requiring tax payments EQUIPMENT PAINT BUCKETS to the out-of-state jurisdiction as well as to his hometown. Unless CUTTING EDGES CHAIN Bob is entitled to an offsetting tax SLINGS credit under his home state’s law, BACKUP BELLS AIR, OIL & FUEL AND ALARMS FILTERS he may want to pay both the outEXTREME ROTARY PRESSURE GREASE ASPHALT CUTTERS of-state and the local income tax GENALCO inc. 1-877-436-2526 and then file a refund claim, men55 years of service to New England Industry tioning the Wynne decision. Needham Heights, MA FAX 781-449-6643
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SEPTEMBER, 2015 NOVEMBER, 2009
Financial Management continued from page 59
Ongoing Responsibility for Retirement Plans
A
nother May 2015 Supreme Court decision may affect business owners. In Tibble v. Edison International (No. 13-550), the Court unanimously held that there is no statute of limitation on fiduciary responsibility for 401(k) plans.
Ti T i
ose es, Inc.
.. ... .
suit, alleging that the company had added some relatively high-fee mutual funds to the 401(k) plan’s menu of investment choices. In 1999, the plan added three funds that were sold to ordinary investors; another three similar funds were added in 2002. According to the complaint from plan participants and beneficiaries, versions of the same funds, with lower fees, were available to institutional investors, yet these versions In this case, employees of a utility company filed were not in the Edison 401(k) plan. Thus, the plaintiffs said they paid e r m u o p y l o p y e higher fees than necessary, reduce e e k s on , oose site oney m e r m u ing investment returns. o p y l o p y e ees o s ey, ke n si with ei ses, Inc. te w m s mon In the Supreme Court, the case ith ei revolved around the funds added in m oriented, we offer a 1999. The company said that such ented, we offer a disputes related to employer-sponsored retirement plans have a sixOSHA standards for year statute of limitation based on alth SHA standards for when the funds were selected for mpetitive pricing and h the plan. As the action was begun in 2007, the employees' complaint e d etitive pricing and nclu er i regarding the funds added 8 years s t rvice ni ape d earlier was untimely. A district court All u toiletcp d n u 10% off n sl s hear y nterized to allow your fi and the Ninth Circuit generally 2-pulnitsteirlep ce 6 p m r onths if a st you me Aalnl d wtaoileittizer. and agreed with this argument. n th ti o is h 1 n n 100% y %booroc erized to allow 2-pl staerless 6 mo6nm ffff yhouurre!first t The Supreme Court reversed, hosnifth ordable insurance um d wa nitizer. yoeuntio mtehnistio ysoif n a n b n siding with the employees. The r ted damage otchhisuraed sa !! able insurance high court found that the fiduciary ery at no charge d damage of an employer retirement plan has responsibilities similar to those of ured and bonded y at no charge a trustee: not only to exercise pruhicle fleet of trucks dence in selecting investment oped and accessibility bonded ob site tions but also to continually monicle fleet of trucks tor those options, removing those site accessibility gged for crane now deemed to be imprudent. Fiduciaries should exercise “care, skill, prudence, and diligence,” as ed for crane ompany that the Court put it. ments. We are not a The Court further found that nflexible policies mpany that as long as the actions upon which d can We withstand ents. are not a the employees based their claim onditions exible policies of a breach of this continuing duty was filed within six years of their an withstand occurrence, the employees’ claim ditions was timely filed. Thus, the Court sent the case back to the U.S. P. O. Box 115 • Centerville, MA 02632 9th Circuit Court of Appeals to P.O. Box 115 review whether the employer had
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Financial Management continued from page 61 breached its continuing duty of prudence within the relevant six-year period with respect to the 1999 funds. (Earlier, the district court had decided for the employees in regard to the 2002 funds, where the statute of limitation was not an issue.) Despite what may have been reported, the Supreme Court did not address the substance of the employees’ complaint about high plan fees and their impact on long-term investment returns.
Eternal Vigilance Apparently, based on the Supreme Court’s holding in this case, fiduciary responsibility for investment choices in employer sponsored retirement plans lasts as long as the investment choices are offered by the plan. If you offer your employees a defined contribution plan, such as a 401(k), investment choices should be well considered, and fees should be part of that consideration. Going forward, menu options that no longer pass muster should be replaced or dropped.
review them to see if you’re comfortable with what you read, and maintain the reports in a secure location. You also might want to meet with an attorney familiar with securities law to get a knowledgeable opinion. Would it make sense to limit plan choices to a few low-cost stock funds and high-quality bond funds? Are there ways to reduce fiduciary responsibility by outsourcing? Ultimately, the most important question might be whether all the benefits of sponsoring a retirement plan for employees are worth the time and expense involved in reducing perpetual liability for possible missteps. Reprinted from CPA Client Bulletin. n
Crushed Stone & State Specified Dense Graded Base Manufacturer & Installer of Bituminous Concrete Products:
Employer Responses Business owners who sponsor retirement plans should take heed of the Supreme Court’s message. Meet with the advisers who help with your plan to make sure investments are chosen carefully and scrutinized regularly. Get formal reports supporting those efforts,
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Advertisers’ Index ATS Equipment, Inc. .................................................... 20 American Shoring, Inc.................................Ins. Back Cvr. Boro Sand & Stone Corp.............................................. 54 Dennis K. Burke, Inc..................................................... 63 C&S Insurance Agency, Inc.......................................... 46 Concrete Systems, Inc.................................................. 24 Dagle Electrical Construction, Corp.............................. 36 Darmody, Merlino & Co., LLP........................................ 29 Dedham Recycled Gravel............................................. 41 DeSanctis Insurance Agency, Inc. ............................... 54 Dig Safe System, Inc..................................................... 50 The Driscoll Agency ..................................................... 45 EJ.................................................................................... 8 Eastern Pipe Service, LLC............................................ 37 Eastern States Insurance Agency, Inc.......................... 39 Eastpoint Lasers, LLC................................................... 58 T. L. Edwards, Inc.......................................................... 21 Excellence In Safety Inc................................................ 56 Ferguson Waterworks..................................................... 5 Foley Carrier Services, LLC.......................................... 62 Genalco, Inc.................................................................. 59 GEOD Consulting, Inc..................................................... 9 L. Guerini Group, Inc..................................................... 31 HD Supply Const. & Industrial White Cap.................... 22 HD Supply Waterworks................................................... 2 Hinckley Allen, LLP....................................................... 40 A. H. Harris Construction Supplies............................... 58 JESCO.......................................................................... 27 P. J. Keating Company.................................................. 14 P. A. Landers, Inc.......................................................... 49 Lawrence-Lynch Corp................................................... 25 Lorusso Corp..................................................................11 Lorusso Heavy Equipment, LLC................................... 42 MBO Precast, Inc.......................................................... 57 Mabey, Inc..................................................................... 56 Mass Broken Stone Company...................................... 63 Milton CAT..................................................................... 26 Norfolk Power Equipment, Inc...................................... 35 North East Shoring Equipment, LLC............................. 62 Northland JCB............................................................... 47 NorthStar Insurance Services, Inc................................ 32 Ocean State Oil............................................................. 58 Our Outhouses, Inc....................................................... 61 Palmer Paving Corporation........................................... 60 E. H. Perkins Construction Co., Inc.............................. 64 Podgurski Corp............................................................. 54 E. J. Prescott, Inc....................................... Ins. Front Cvr. Rain For Rent-New England........................................... 4 Read Custom Soils ...................................................... 60 Rodman Ford Sales, Inc............................................... 12 Rogers & Gray Insurance Agency, Inc.......................... 16 Salem Dental Arts, PLLC.............................................. 34 Schmidt Equipment, Inc.....................................Back Cvr. Scituate Concrete Products Corp................................. 30 Scrap-It, Inc................................................................... 10 Shea Concrete Products............................................... 38 Smith Print..................................................................... 60 Starkweather & Shepley Ins. Brokerage, Inc................ 23 Systems Support Corporation........................................ 5 Taylor Oil Company....................................................... 50 Ti-SALES, Inc. .............................................................. 56 Albert J. Tonry & Co., Inc.............................................. 35 United Concrete Products, Inc. .................................... 13 United Rentals Trench Safety....................................... 44 The Vellano Companies, Inc......................................... 62 C. N. Wood Co., Inc. .................................................... 48 Woodco Machinery, Inc.................................................. 6
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