September 2017 Construction Outlook by Ucane

SEPT | 2017 A PUBLICATION OF THE UTILITY CONTRACTORSâ&#x20AC;&#x2122; ASSOCIATION OF NEW ENGLAND, INC.

Leaders in the Field for Over 100 Years

Gagliarducci crew working at the Springfield Armory National Historic Site

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W H AT E V E R Y O U N E E D , W H E N E V E R Y O U N E E D I T, N O M AT T E R W H AT.

Years of Excellence 1954-2017

SEPTEMBER, 2017

IN THIS ISSUE

OFFICERS President PAUL SCENNA

Albanese D&S, Inc.

President-Elect RICHARD PACELLA, JR. R. M. Pacella, Inc.

Treasurer MARCELLA ALBANESE

Albanese Brothers, Inc.

Secretary RYAN McCOURT

McCourt Construction Company

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

JOHN BERKSZA

Eastern Insurance Group, LLC

NICK BIELLO

J. D’Amico, Inc.

TONY BORRELLI

Celco Construction Corp.

GERRY CARNEY, JR.

C. N. Wood Company, Inc.

KEVIN COLE

J. F. White Contracting Co.

BRIAN COONEY

C. C. Construction, Inc.

GREG FEENEY

Feeney Bros. Excavation, LLC

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

A. J. LORUSSO

Lorusso Heavy Equipment, LLC

AL MORTEO

FED. CORP.

JOHN OUR

Robert B. Our Co., Inc.

JOSEPH PACELLA

RJV Construction Corp.

BRIAN RAWSTON

Jay Cashman, Inc.

CHRIS VALENTI

GVC Construction, Inc.

KEN VOGEL

WES Construction Corp.

DAVID ZOPPO

R. Zoppo Corp.

ANNE KLAYMAN

Executive Director

3 President’s Message: Proud to be an American

5 Legislative Update:

• Massachusetts Joins with Other States to Further Reduce Greenhouse Emissions • Baker-Polito Administration Promulgates Regulations to Implement Global Warming Solutions Act to Comply with SJC Decision • August Brings Political Intrigue as Two Longtime Elected Officials Announce Future Plans • Attorney General Names Two New Leadership Appointments • City of Brockton Looking at Options for a Back-Up Source of Water

13 Under the Hard Hat with UCANE’s Officers & Board Members: Q&A with UCANE President Paul Scenna (Albanese D&S, Inc.)

17 Labor Issues:

MA SJC Offers Conditional Anti-Discrimination Protection to Medical Marijuana Users

23 Save the Date: UCANE’s 63rd Annual Banquet 25 MWRA Advisory Board Provides Update on Local Water Loan Programs 29 Legal Corner: Post-Bid Acceptance of MBE/WBE Forms

33 UCANE Once Again Joins with the US Water Alliance to Highlight the Importance of Water Infrastructure 34 Contractor Member of the Month: Gagliarducci Construction, Inc. Leaders in the Field for Over 100 Years

41 The 38th Annual New England Public Works Expo 43 Spotlight on Cape Cod:

Wastewater Consultant: Sandwich Must Launch $86 Million Cleanup

49 Champions Circle: Joe Andruzzi Foundation 51 UCANE Joins MWRA Officials and Advisory Board Members for Annual Field Trip 55 Marlborough: Mayor’s Proposal to Replace Lead Service Lines Gets OK from Council 57 UCANE Member Testimonials 59 Financial Management: • Ginnie Mae Funds for Your Retirement • Tax Credits Beat Tax Deductions • R&D Tax Credits for Small Companies

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Magazine Designer: Sherri Klayman Construction Outlook Chairman: Paul Scenna Editorial Board: Paul Scenna, Richard Pacella, Jr., Marcella Albanese, and Ryan McCourt 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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Proud to be an American

Our Thoughts and Prayers are With Our Fellow Americans Who Have Been Affected by Recent Hurricanes

very time we turn on our televisions and computers these past few weeks, we witness the destructive power of Mother Nature. Our hearts were broken when we heard about the tragedies that occurred as a result of the recent hurricanes. But we were also uplifted by the stories of heroism and compassion, as well as our nation’s response and the public’s generosity to help those in need. Hurricane Harvey had barely left Texas when we heard that hurricane Irma was heading towards Florida. On behalf of UCANE, I offer our thoughts and prayers to all of those impacted by these storms and we will continue to pray for those who are still in harm’s way. UCANE will be contributing to the relief effort, which unfortunately looks like it will be ongoing for quite a while. One thing that is certain is that regaining access to clean and safe water will be critical to the recovery of the impacted communities. On October 12, UCANE will once again join the US Water Alliance and participate in their “A Day Without Water” campaign to highlight the value of water, which unfortunately hundreds of thousands of people have experienced first-hand. Beaumont Texas, with a population of 118,000, has lost both its main and secondary water supplies. Record rainfall caused the Neches River to overflow and damage the city's water pumps. The city's secondary water source was also offline. Temporary pumps were set up, but it could be weeks or months before repairs are completed. Bottled water and boil orders, while important, are a last resort effort. Repairing and restoring the water infrastructure is vital to communities, and I am certain that the utility contractors and water works professionals in those areas can and will do everything possible to make it happen. It should not take natural disasters like in Flint Michigan, or large water main breaks for our elected officials and the public to appreciate the value of water in our

SEPTEMBER, 2017

lives. The average American uses 176 gallons of water per day, which translates to 64,240 gallons a year. We all know that clean water is vital for our health, and yet we have allowed our water infrastructure to continue to be neglected. In Massachusetts alone, we know there is a $21 billion funding gap over the next 20 years. Each day, there are 700 water main breaks nationally. Annually our country loses approximately 1.7 trillion gallons of water to pipe leaks and breaks. On a positive note, the public does recognize the need for additional funding. In a recent survey by the US Water Alliance, 87% of voters support an increase in federal investment for water infrastructure. We must continue to modernize and/or repair our failing infrastructure so that when disasters strike, communities are able to bounce back quickly.

Americans have always shown resilience and the willingness to support one another and lift each other up…These crises prove the point. I AM VERY PROUD TO BE AN AMERICAN! n

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Mark Molloy, Esq., Lynch Associates, Inc.

Massachusetts Joins with Other States to Further Reduce Greenhouse Emissions

he Baker-Polito Administration recently announced that it will accelerate state and regional efforts to combat climate change by joining with eight other Northeastern and Mid-Atlantic states, participating in the Regional Greenhouse Gas Initiative (RGGI), to reduce greenhouse gas emissions beyond 2020. RGGI, the nation’s first market-based regulatory program, was recently shown to reduce greenhouse gas (GHG) emissions from the power sector through the auction of carbon dioxide (CO2) allowances and the reinvestment of those proceeds in GHG reduction measures. The proposed program improvements include a new regional cap of 75.148 million tons of CO2 in 2021, which will decline by 2.275 million tons of CO2 per year thereafter, resulting in a total 30 percent reduction in the regional cap from 2020 to 2030. The RGGI states have already reduced power sector carbon emissions by nearly 50 percent since 2008, while generating more than $2.7 billion in proceeds across the region for reinvestment in programs to benefit consumers and build a stronger and cleaner energy system. Since 2008, Massachusetts has reinvested $306 million in auction proceeds to increase the energy efficiency of residences and businesses, provide clean-energy solutions to 155 “Green Communities,” and to support the implementation of alternative energy resources. RGGI auction proceeds have helped Massachusetts earn the nation’s top ranking for energy efficiency six years in a row. An 18-month review program of RGGI inSEPTEMBER, 2017

cluded extensive feedback from stakeholders and experts gathered through eight public meetings and thousands of written comments. The RGGI states will seek additional stakeholder input on the draft program elements in a public meeting scheduled for September 25, 2017. Once final materials and a revised Model Rule are issued, states will follow their specific statutory and regulatory processes to propose updates to their CO2 Budget Trading Programs. The terms of the proposed plan were developed collaboratively to ensure all nine states could move forward together with a shared commitment to achieving the most aggressive emission reductions possible while protecting ratepayers, growing local economies, and reinvesting auction proceeds in clean energy and climate change solutions. According to a press release issued by the Baker-Polito Administration, efforts undertaken through RGGI support the implementation of Governor Charlie Baker’s Executive Order 569, An Order Establishing an Integrated Climate Change Strategy for the Commonwealth and emission reduction limits established by the Global Warming Solutions Act (GWSA) of 2008. The GWSA requires a GHG emissions reduction of 25 percent below 1990 emissions levels by 2020 and at least an 80 percent reduction by 2050. As of 2014, the Commonwealth had reduced emissions by 21 percent from 1990 levels, leaving about 4 percent remaining to achieve the 2020 goal. continued on page 7

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Legislative Update continued from page 5

Baker-Polito Administration Promulgates Regulations to Implement Global Warming Solutions Act to Comply with SJC Decision

ment of Environmental Protection was directed to publish receding the Governor’s announcement that the proposed regulations by December 16, 2016, hold public Commonwealth was expanding its RGGI commithearings on the proposed regulations by February 24, ments, a variety of state agencies, in accordance 2017, and finalize those regulations by August 11, 2017. with Executive Order 569, issued final regulations to The Executive Order also requires the Commonwealth further implement the Global Warming Solutions Act to begin planning for climate change adaptation and (GWSA) of 2008. The Executive Order’s requirements working with Area cities and towns and to assess vulnerability followed a decision by the Supreme Judicial Court, Boston and build resiliency to address climate change impacts. in the case of Kain v. DEP, where the court ruled the Locations continued on page 9 GWSA’s required emissions reductions must include 2 Dexter Street multiple greenhouse gas emission Everett, MA 02149 sources or categories of sources. As Boston Area Boston Area originally configured, the state regulaLocations Locations 431 Second Street tions implementing the GWSA focused Everett, MA 02149 solely on the energy producers located 2 Dexter Street 2 Dexter Street within the Commonwealth. Everett, MA 02149 Everett, MA 02149 According to the Baker-Polito Administration, the six areas within the 431 Second Street 431 Second Street code of regulations promulgated will, Everett, MA 02149 Everett, MA 02149 along with other Commonwealth climate BOSTON AREA LOCATIONS policies, ensure that the GWSA’s target is 2 Dexter Street 431 Second Street Everett, MA 02149 Everett, MA 02149 achieved by addressing emissions from the natural gas distribution network, the transportation sector, the electric sector, focusing on generation and consumption, and gas insulated switchgear. Among the areas the regulations address: • Carbon Dioxide Emission Limits for the Commonwealth’s State Fleet Passenger Vehicles; Minichiello Bros./Scrap-It, Inc., • Global Warming Solutions Act Minichiello Bros./Scrap-It, Inc. Requirements for Transportation; 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, • Reducing Methane Emissions 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 from Natural Gas Distribution 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 Mains and Services; Minichiello Bros./Scrap-It, Inc., • Increasing clean energy Minichiello Bros./Scrap-It, Inc., through the development ofover a 2500 customers a week and is one New England's largest buyers, Serves Clean Energy Standard; sellers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buye same - to provide the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has rema • Reducing Carbon theDioxide customer Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch Emissions from Electricity Gen-service! the customer service! Call Fred Rogers at 617-595-5505 erating Facilities; and • Reducing Sulfur Hexafluoride Emissions from Gas-Insulated Turn your metal into money today! Switchgear. Turn your metal into money today! Under Section 2 of Executive Order Minichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. No. 569, the Massachusetts Depart

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Legislative Update continued from page 7

August Brings Political Intrigue as Two Longtime Elected Officials Announce Future Plans

he normally quiet month of August turned a bit gas won the seat when Marty Meehan left office to more interesting when two longtime legislators become the Chancellor of UMass-Lowell. Tsongas, announced their future plans did not include who sits on the House Armed Services Committee, running for reelection. Races to succeed State Senahas a solid reputation for working on sexual abuse and tor Jen Flanagan and United States Congresswoman veterans issues. She has also proven to be a stalwart Niki Tsongas will begin in earnest as September hits defender of Massachusetts companies with interests full stride. in the defense industry. For her part, Senator Flanagan, a Leominster With the opening of a Congressional seat someDemocrat resigned her seat to become one of five thing of a rarity in Massachusetts, the seat will unmembers of the new Cannabis Control Commission. doubtedly attract a fair amount of attention. Among Appointed by Governor Baker to the marijuana lipotential candidates indicating that they are looking censing authority, Flanagan served four years in the at the seat: Ellen Meehan, former wife of CongressHouse before being elected to the Senate in 2008 man Meehan; State Senator Barbara L’Italien, the to represent the Worcester and Middlesex District current Senate Chairwoman of the Joint Committee that includes the cities of Fitchburg, Gardner, and on Consumer Protection; State Senator Eileen DonaLeominster and the towns of Berlin, Bolton, Lancastghue, the Senate Chairwoman of the Joint Committee er, Lunenburg, Sterling, Westminster, Townsend, and on Economic Development; and Dan Koh, the former two precincts in Clinton. Chief of Staff to Boston Mayor Marty Walsh. State Senator Jamie Eldridge, a one-time candidate for the Flanagan recently co-chaired the Joint Commitspecial election Tsongas won, has already declared tee on Children, Families and Persons with Disabilithat he is not interested in the race this time around. ties and the Joint Committee on Mental Health, SubSenator Eldridge is currently the Senate Chairman of stance Use and Recovery and was the chair of the the Joint Committee on Financial Services. Special Senate Committee on Addiction Prevention, Treatment and Recovery Options. According to the Expect more news to follow on the races to sucState House News Service, which broke the news, ceed these successful legislators as Fall approaches. Senator Flanagan had voted against the 2016 ballot continued on page 11 questions legalizing marijuana. In the race to succeed Flanagan, several State Representatives have already announced that they do not intend to run for Call Your Nearest GENALCO Warehouse the Senate seat. State RepresenFor These Supplies HYDRAULIC GRADE 8 tative Jen Benson, RepresentaSTROBE LIGHTS OIL NUTS & BOLTS WEATHER CAPS tive Jon Zlotnik, as well as RepreAIR CLEANERS sentative Natalie Higgins have all GREASE FITTINGS BUCKET TEETH taken a pass. Local officials, inHYDRAULIC HOSE BUCKET LIPS cluding Democrats Michael KushEQUIPMENT PAINT merek of Fitchburg and Michael BUCKETS Mahan of Leominster, as well as CUTTING EDGES Fitchburg Republican Lou Marino CHAIN SLINGS have expressed an interest in the BACKUP BELLS AIR, OIL & FUEL seat. AND ALARMS FILTERS EXTREME ROTARY PRESSURE GREASE ASPHALT CUTTERS In the other surprise announceGENALCO inc. 1-877-436-2526 ment, Congresswoman Tsongas 70 years of service to New England Industry announced that she would not be www.genalco.com Needham Heights, MA Springfield, MA West Haven, CT Warwick, RI seeking reelection in 2018. A 10FAX 781-449-6643 FAX 413-781-3771 FAX 203-934-2580 FAX 401-736-9769 year member of Congress, Tson-

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Legislative Update continued from page 9

Attorney General Names Two New Leadership Appointments

ccording to a press release from her office, Attorney General Maura Healey recently announced two new leadership appointments. Mr. Eric Gold was appointed to head the Attorney General’s Health Care and Fair Competition Bureau and Ms. Abigail Taylor was appointed to lead the Child and Youth Protection Unit. Gold, who has served as deputy health care division chief since January 2016, will succeed Ms. Karen Tseng. Tseng is leaving her post as division chief to spend more time with family, but will continue in her role as senior health care counsel in the AG's Health Care and Fair Competition Bureau. Gold was previously a litigator at Greenberg Traurig in Boston and also litigated at the firm Sidley Austin in New York and Chicago from 2003 to 2008, where he rep-

resented pharmaceutical companies in multidistrict litigation. Taylor has served as assistant attorney general in the Child and Youth Protection Unit since Healey created it in 2015. Her appointment will become effective October 1 when she replaces the retiring Ms. Gail Garinger. Taylor previously worked as a trial attorney in the Criminal Fraud Division of the U.S. Department of Justice, where she prosecuted defendants involved in health care fraud schemes, Healey's office said. Garinger was the state's child advocate before Healey named her as head of the new unit.

City of Brockton Looking at Options for a Back-Up Source of Water

ccording to an article in the Brockton Enterprise, the City of Brockton is continuing to look at its options for procuring a back-up water supply, after an initial analysis suggested that tying into the MWRA’s system could be cost prohibitive. Connecting to the water storage facility in Quincy would cost millions of dollars in piping alone, before factoring in permitting and legal costs, the MWRA’s annual assessment to pay for the drinking water, and an entry fee that would cost Brockton taxpayers a total of $4.3 million for each million gallons per day of capacity that the city needs, according to a presentation presented to the Brockton City Council. City officials fear that even establishing the infrastructure to tie-into the MWRA’s system out of Quincy might be in excess of $50 million for 11 miles of pipeline alone. While the issue of analyzing the MWRA option was ultimately postponed by a vote of the Brockton City Council, it is anticipated that the Council will revisit the issue in October. n

SEPTEMBER, 2017

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SEPTEMBER, 2017

with UCANE’s Officers and Board Members How did you get started in the underground construction industry and what was your first job? I was always interested in construction and after high school I decided on a career in Civil Engineering. I received my Bachelors Degree from Merrimack College, and during summers I worked as a concrete inspector for UTS of Massachusetts, Inc., a co-op engineer with Weston and Sampson, and Modern Continental/ Obayashi on the “Big Dig.” After college, I worked with Malcolm Pirnie, Inc. and UCANE member MDR Construction, Inc. In 2004, I began working with Albanese D&S, Inc. and it has been a great relationship and experience for me ever since. How long have you been involved with UCANE? The owners of Albanese D&S, Inc. were already big supporters of UCANE when I started with them. Giovanni and Gilda Albanese encouraged me to join. I was elected to the UCANE Board in 2005. I remember the first meeting I attended. It was at that meeting that the Board began working on legislation to get an escalation law for liquid asphalt. That was a big issue for contractors at that time and I immediately got a sense of what UCANE was about. I’ve been on the Board since then and have risen through the various Officer positions. I was very proud to have been elected by the members as UCANE President in 2016.

UCANE President Paul Scenna Vice President of Albanese D&S, Inc. think that creating a steady, dependable source of funding nationally and/or statewide is paramount. There is a decent amount of work on the streets this year and any “Infrastructure Bill” coming out of Washington should help UCANE contractors. Another issue in our industry is a shortage of available skilled workers and engineers. Many workers are reaching retirement age and not enough young people are entering this field to replace them. For many, a career in construction could be fulfilling and a great long-term economic choice. Our industry needs to work on promoting construction as a respectable and rewarding career.

What is the nature of the industry as you currently see it?

What would you like our membership to know about being a UCANE Board Member?

The construction industry has always been somewhat cyclical. The water and sewer industry lacks a steady funding source (i.e., gas tax for roads and budgets) and I

Being on the Board is the best way to keep up with all the issues that surround our business. To be in the same room continued on page 15

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Under the Hard Hat continued from page 13 with some of the most respected contractors in our industry, all giving up their time to exchange ideas on how to improve the industry or how best to fight legislation that is bad for our industry, is very impressive. Even though Board Members are fierce competitors, they always look at the bigger picture and push for what is best for our industry overall. We may not all agree on every issue, but there is great camaraderie among the Board. The time commitment is very manageable and I have found that being on the Board has not only helped me to grow professionally, but it has benefitted my company as well. It’s a good feeling to give back a little, actively participate, and try to make a difference in the industry that provides a good living for my family. I would encourage any member to get involved with the various Committees and try to serve as a Board Member. I am sure they will find it rewarding. You are one of the youngest elected UCANE Presidents and have already earned the respect of your peers. To what do you attribute your success? My parents immigrated separately to Boston from the Abruzzo region of Italy in the 1950s and 1970s. They met and married in the U.S., and started a family in Everett. I attribute my direction and work ethic to them. They made sure my brothers and I did well in school, kept good values, and were not afraid of hard work. They sacrificed to send us to good schools, including Malden Catho-

lic High School where the faculty challenged me and continued pushing me in the right direction. My wife Maria is my biggest supporter and we both work hard for our three children, just like our parents did. Whether it be the late nights at Suffolk University earning my MBA, long hours at Albanese D&S, or meetings or travel for UCANE, Maria understands what it takes to get ahead and is always there for me and my children. I have been very fortunate to have had Giovanni Albanese and Andrea Ciano for my “on the job training” in this challenging business. They are two of the most knowledgeable and innovative contractors in the industry. They will take on any challenge and their hard work every day sets the tone for the entire Albanese D&S family. The support from Giovanni and Andrea has allowed me the opportunity to advance within the company and at UCANE. n

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Richard Wayne, Esq., Prince Lobel Tye LLC

MA SJC Offers Conditional Anti-Discrimination Protection to Medical Marijuana Users On January 1, 2013, the Massachusetts Medical Marijuana Law went into effect. In November, 2016, Massachusetts voters approved a recreational marijuana law. On July 28, 2017, Governor Baker signed into law an overhaul of that law to facilitate the sale and use of recreational marijuana. As a consequence, all Massachusetts workers will have lawful access to marijuana. However, this does not mean employers have no right to restrict marijuana in the workplaces. The sale, use or possession of marijuana in the workplace remains prohibited. As described below, the discipline of employees who test positive for marijuana is now subject to limited legal review and restriction.

n July 17, 2017, the Massachusetts Supreme Judicial Court (“SJC”), in the first state law decision of its kind, Barbuto v Advantage Sales & Marketing, (“ASM”) held that medical marijuana users are presumptively handicapped persons under the Massachusetts Fair Employment Practices Act. Before an employer can lawfully take adverse action for the off-duty use of medical marijuana e.g. refusal to hire, discipline, or termination, the employer must engage in an interactive process with him or her in the same or similar manner as an employer would be required with an otherwise handicapped person: attempt to identify a reasonable accommodation. The employer is not required to accept the off-duty use of medical marijuana as a reasonable accommodation and can negotiate alternatives. The decision does not expressly supersede the Federal Drug Free Workplace Act, regulations of Federal agencies, such as DOT which prohibit use of certain drugs or medications or override the safety, health or other concerns of an employer. Because Massachusetts Anti-Discrimination laws are applicable to third parties, owner requirements that contractor

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employees cannot work on-site if they fail a marijuana drug screen, may also now be unlawful. The employer may be forced to treat medical marijuana users similar to the manner in which they treat users of prescription medications. In the above case, Christine Barbuto, the plaintiff, suffered from Crohn’s disease. Due to the ineffectiveness of conventional medications, she obtained a medical marijuana card from a physician and began using medical marijuana. Barbuto alleged marijuana was effective in alleviating the pain of Crohn’s. In 2014, Barbuto accepted a job offer of employment with ASM contingent upon her taking and passing a traditional pre-employment drug screen. At the time, Barbuto voluntarily disclosed she had Crohn’s and used medical marijuana off-site to treat the condition. Shortly thereafter, Barbuto began employment and approximately one (1) day later, she took and failed a drug screen. She was told by ASM, that she tested positive for marijuana and was terminated. Barbuto argued to no avail, she should not be subject to any adverse employment action because she was continued on page 19

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Labor Issues continued from page 17 handicapped and used marijuana consistent with her marijuana card. After ASM rejected Barbuto’s position, she filed a civil suit in Superior Court. Based upon case law developed in other states, the Superior Court dismissed her claim. The court held that because marijuana remained unlawful under federal law, it was not a reasonable accommodation. She appealed and the SJC accepted the case on direct appellate review. The SJC after reviewing similar decisions in other states, rejected their analysis and the ASM claim that it had acted lawfully because marijuana remains illegal under federal law. The SJC further held that a person with Crohn’s is handicapped, and before taking adverse employment action, the employer must engage in an interactive process with the user, to determine if marijuana is a reasonable accommodation. It’s strongly inferred that medical marijuana is an alternative medicine but, the court rejected the plaintiff’s argument that medical marijuana is a per se reasonable accommodation. The Court stated, but did not decide, employers may have valid concerns which supersede the employee’s right to use medical marijuana outside the workplace. These concerns include on-site safety and potential employer obligations to abide by federal statutes and

contractual obligations, which may prohibit persons from employment after testing positive for marijuana. The court went on to reject the plaintiff’s claim of a private right of action, and held that a medical marijuana user’s claim against their employer must first be filed with the Massachusetts Commission Against Discrimination.

Lessons learned: •

In Massachusetts, Federal narcotic laws no longer automatically insulate employers who take adverse action against a medical marijuana user for a positive drug test. continued on page 21

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Labor Issues continued from page 19 •

Each state has its own anti-discrimination and drug use laws and before acting in regard to hiring and firing a marijuana user, employers should be familiar with local law.

•

In Massachusetts, before hiring, disciplining, or terminating a medical marijuana user for off-duty use of marijuana, the employer should engage in an interactive process with the prospective new employee or employee to determine if there is a reasonable accommodation not involving marijuana use.

•

Medical marijuana users should be treated the same or similar to employees who use prescribed medication that may affect their work.

•

When faced with medical marijuana card and the employee is requesting accommodation, the employer can request the opportunity to speak with the employee’s medical provider to verify the validity of the card and the purpose of its issuance.

•

Massachusetts contractors and owners should modify their policies and practices consistent with the Barbuto decision.

•

Contractors and owners should verify their drug

•

screen contractor is aware of the Barbuto decision. Contractors and owners should train persons who have authority to hire, discipline or terminate or recommend the same and their Medical Review Officer of the parameters of the Barbuto decision. To avoid confusion, employees and applicants should be provided notice that the employer engages in drug testing and that a marijuana card does not entitle the user to sell, possess, or use marijuana on-site. For future thought, a positive marijuana screen does not test for impairment. Tests are being developed determine impairment.

The SJC decision unsettles traditional employer anti-marijuana rules and drug testing policies. Failure to follow Barbuto may result in liability. This is an interesting and fast developing area of the law. The rule of the workplace vis-a-vis marijuana has changed and will likely continue to change. n

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MWRA Advisory Board Provides Update on Local Water Loan Programs The MWRA Advisory Board, which serves as an advocate and “watchdog” for MWRA communities and ratepayers, recently released an update on the MWRA’s Local Water Loan Programs. This includes the Local Water System Assistance Program, which provides assistance for the maintenance and rehabilitation of MWRA member communities’ water systems, and the $100 million Lead Loan Program for the replacement of lead service lines in those communities.

here are nearly seven thousand miles of local water pipeline in MWRA communities. The Water System Assistance Program provides interest-free loans to communities for a variety of projects including: • Replacement of unlined water mains • Water main cleaning and lining of unlined water mains • Water valve and hydrant installation or replacement • Water storage tank installation, rehabilitation, or replacement • Engineering planning, design, and construction services for these projects To date, the program has had a series of three phases, which combined, have made a total of $724 million in interest-free loans available to member water communities. Phase 1 initially began as a pilot program in FY1997 and was extended into a pipeline assistance program in FY2000. At the end of Phase 1, 30 of the 42 eligible member water communities participated with all funds distributed by FY2013. In Phase 2, the Advisory Board led efforts to extend the program for more projects to be eligible. This included a second tier of eligible projects for communities based on their percentage of local pipes already lined. Eligible projects include: • Water meter purchase and installation • Water meter reading system purchase and installation • GIS mapping and system modeling for water distribution systems • Engineering planning, design and construction services for these projects To date, $122 million has been distributed in Phase 2 and 132 local projects were funded in 39 different communities with eight communities having distributed all of their funds. After working together with MWRA staff, the Advisory Board recommended that the

SEPTEMBER, 2017

Authority continue the program into a Phase 3 with some changes. These included a funding increase of up to $292 million. This was a 39% increase based on the construction cost index. It was also recommended that Phase 2 distributions be extended three additional years to FY2023. Similar to Phase 2, Phase 3 funds will be allocated to 42 communities with $1 million to each fully supplied community and $500,000 to each partially supplied community with half of remaining funds allocated based on the percentage share of MWRA water assessment and the other half of the remaining funds allocated based on the percentage share of miles of unlined water mains, with partially supplied communities being prorated based on water use. The water loan program has yielded significant results. But there is still a lot of work to be done to improve our local water systems. There are still over 1,800 miles of unlined pipe in the local system needing attention. While the program has minimal costs for communities, the cost of infrastructure projects still leaves a large price tag for communities to absorb. The remaining 1,800 miles in community pipeline projects have an estimated cost of $1.5 billion. This represents a portion of the $21 billion gap in continued on page 27

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MWRA Advisory Board continued from page 25 Massachusetts water infrastructure funding identified by the Water Infrastructure Financing Commission. With a $1 billion plus price tag, the need for the local water loan program is clear. Without even factoring for inflation, the remaining 1,800 miles would require at least five additional phases of the program for completion. This also does not factor in the unforeseen events that can impact communities. An example of this is the recent national interest in lead water infrastructure issues. This growing concern for communities added an additional fiscal hurdle to the

process of maintaining high water quality standards. The Advisory Board managed efforts to address the issue with the creation of a Lead Loan Program. By its vote in March of 2016, the MWRA Board of Directors approved the Lead Loan Program to provide up to $100 million in 10-year zero-interest loans to communities solely for efforts to fully replace lead service lines. Thus far, three communities (Quincy, Newton, Winchester) have received funds for the lead program and two other communities are in the application process. It is hoped that many more communities will participate in the coming year.

The Water Loan Program allows communities to take on some of their water infrastructure challenges in a fiscally responsible manner while keeping the MWRA water supply in a high-quality state. However, the need to maintain and enhance this aging infrastructure among communities is becoming greater, and cannot be met solely at the local level. The state and federal government must increase their investment in water infrastructure and partner with local governments to ensure access to safe and clean water as well as economic growth and stability. n

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Post-Bid Acceptance of MBE/WBE Forms In the March 2017 issue of Construction Outlook we discussed several decisions of the Massachusetts Attorney General’s Office (the “AGO”) Bid Unit concerning MBE/ WBE issues. Since then, the AGO has issued another decision involving an awarding authority’s discretion when it comes to MBE/WBE bid submission requirements. Once again, the AGO’s decision illustrates that when it comes to MBE/WBE bid issues, the result will depend heavily on the language of the bid documents.

he decision arose out of a sidewalk reconstruction project with MBE/WBE participation goals. The bid documents stated that bidders “must” submit MBE/WBE forms with their bids and that the “failure to submit these certifications at the time of the bid may result in the bid being considered non-responsive.” However, the bid documents allowed for substitutions in the event that a bidder’s selected MBE/WBE contractor was not certified by the Supplier Diversity Office (the “SDO”). The low bidder submitted signed MBE/WBE forms with its bid. But it turned out that the low bidder’s chosen MBE contractor was a Portuguese Business Enterprise (“PBE”) and not an SDO-certified MBE contractor. The low bidder timely submitted a substitute MBE contractor after bid opening and the awarding authority accepted the bid. The second-low bidder filed a bid protest, arguing that the city’s post-bid acceptance of a substitute MBE contractor created unequal footing. The AGO denied the protest, concluding that the awarding authority was not required to reject the bid by statute, its own ordinances, or the specifications. In fact, the language of the bid documents granted the awarding authority discretion to accept or reject a

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non-conforming bid, and to accept substitutions in the event that a bidder’s chosen MBE contractor is not SDO-certified. That is exactly what happened here. The AGO rejected the protestor’s arguments that this case was governed by a prior AGO decision. In that case, the bid documents emphasized that late MBE/WBE forms would not be accepted and allowed for substitutions only where the MBE contractor underwent organizational changes that reduced its MBE ownership. The bid documents in this case were significantly different. This decision marks the second time since August of 2016 that the AGO has upheld an awarding authority’s decision to accept MBE/WBE forms after bid opening. These decisions are consistent with longstanding caselaw deferring to the discretion of awarding authorities when it comes to MBE/WBE bid issues. However, these issues will continue to be decided on a case-by-case basis. In light of a recent statutory amendment, state-funded projects are to include processes and procedures for MBE/WBE participation. Depending on the language of the bid documents, a failure to strictly comply with applicable MBE/WBE bid submission requirements can still be fatal to your bid. n

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UCANE Once Again Joins with the US Water Alliance to Highlight the Importance of Water Infrastructure Most Americans take the water systems that bring clean water to and from their homes and businesses for granted. They turn on the tap and flush the toilet without thinking twice about where that water came from or where it will go. But could you imagine a day without water? Without safe, reliable water and wastewater service? A Day Without Water = Crisis A day without water means no water comes out of your tap to brush your teeth. When you flush the toilet, nothing happens. Firefighters have no water to put out fires; farmers couldn’t water their crops; and doctors couldn’t wash their hands. A single nationwide day without water service would put $43.5 billion of economic activity at risk. In just eight days, a national water service stoppage would put nearly 2 million jobs in jeopardy. A day without water is nothing short of a humanitarian, political, and economic crisis. While unimaginable for most of us, there are communities that have lived without water. From man-made tragedies in Flint, Michigan, to water scarcity issues in central California, to wastewater runoff in the Great Lakes, water issues abound. There are millions of Americans living in communities that never had the infrastructure to provide safe water service, relying on bottled water and septic systems each day. America can do better. The problems that face our drinking water and wastewater systems are multi-faceted. The infrastructure is aging and in need of investment, having gone underfunded for decades. Drought, flooding, and climate change stress water and wastewater systems. Although these regional challenges will require locally-driven solutions, reinvestment in our water must be a national priority.

Reinvestment in Water Infrastructure = Opportunity The good news is that the American people are already widely supportive of an increased investment

SEPTEMBER, 2017

in our nation’s water infrastructure. Above any other pressing political issue, Americans name rebuilding our nation’s infrastructure as the issue they most want our elected officials to address. Americans view water infrastructure investment as an even greater priority than infrastructure generally, with 82 percent of voters saying that they view the issue as either important or very important. No other issue facing our public officials enjoys such a broad consensus. Americans across the regional and political spectrum know that investing in our drinking water and wastewater systems is key. While neglecting our nation’s water systems poses grave health and economic dangers, the benefits of reinvestment are great. If we close the existing water infrastructure investment gap, the national economy would gain $220 billion in annual economic activity and 1.3 million jobs. On October 12, UCANE will partner with the US Water Alliance to remind federal, state, and local officials that we need to prioritize building stronger drinking water and wastewater systems now so no community in America has to imagine living a day without water. (The Value of Water Coalition is a group of thirty water and wastewater providers, water-reliant businesses and policy organizations dedicated to educating and inspiring the nation about how water is essential and in need of investment. The Value of Water Coalition is coordinated by the US Water Alliance, a national non-profit dedicated to securing a sustainable water future for all.) n

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Leaders in the Field for Over 100 Years Gagliarducci Construction, Inc. located in Springfield, MA has been a family owned business for over 100 years, which is quite an achievement. Starting as a small landscaping business in 1900, the firm has grown to become one of the largest site and utility contractors in the Western MA area. Current President, Jerry Gagliarducci recalls some of the company’s early history. “My grandfather started the business with a few rakes and a wheelbarrow and started out doing small landscaping jobs. When my father entered the family business in the 30s they began to diversify a little, bought some heavier equipment, and eventually had some piping contracts with several of the local utility companies. He soon ventured into some driveway paving and bought a loader and some rollers.” continued on page 36

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SEPTEMBER, 2017

Gagliarducci’s Crushing Division has four mobile crusher/screeners capable of producing any size stone, gravel, or fill at your site or at their own.

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Gagliarducci continued from page 34

s a youngster, Jerry grew up around construction equipment and he recalls that the company was small, but doing pretty well, and he was hoping to work for the company and his father when he got older. When his father suddenly died while Jerry was still in high school, he was thrust into the business. Jerry recalls, “That was a blow not only to our family, but to the company as well. My mother had three young boys at the time and she made the decision to try and keep the business going. I was the middle son at 16 and suddenly I was in the business much sooner than I ever expected. Thanks to my mother and some dedicated employees, I was able to learn the ropes and we were all able to keep things going.” For the next 50 years Mrs. Gagliarducci stayed close to the business and proudly watched as her son Jerry worked hard to expand the family business and create the well-oiled and wellrespected company that exists today. “My mother passed away in January of this year at the age of 103. She is a large part of our success story and she was so proud to witness my two sons coming into the business as fourth generation Gagliarducci’s,” Jerry reflected. “There were never a lot of family members in the company over the years, so we needed to depend on our employees to help us grow. I think I have had some of the best employees in the business and they deserve much of the credit for helping both me and the company to get where we are today. We have many long-term employees here and I have known their families for years. I owe much of our good reputation to the quality work that these guys do in the field. I try to keep a small company atmosphere by keeping in contact with, and being visible to all my employees. They know I try to provide the safest work environment for them and I’m available any time of the day or night for these guys,” said Jerry.

Installing water mains at Springfield’s Forest Park project

In the early days, Jerry and his mother LaSalle worked to grow the business.

Jerry and his son Jay continue the family tradition.

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SEPTEMBER, 2017

Jerry is most proud of his two sons, Jerome, Jr. (Jay), and Chris. Jay has a degree in engineering and joined the company when he graduated from college. “Jay has my passion for the business,” Jerry beams. “He loves being out in the field and making things go smooth and forward every day.” Chris is Jerry’s youngest son at age 26 and graduated from Bentley College. “Chris had been working for us in the summers and now that he’s here full time,” said Jerry “it’s a great feeling having my sons working with me. I’m a lucky guy.” Today, with nearly 90 employees, Gagliarducci equipment can be found on any given day, at anywhere from 8-12 different sites throughout Western MA. They have a large fleet of excavators, loaders, and trucks to handle all sizes of excavation, site, and utility projects – both public and private. They also have a Crushing Division with four mobile crusher/screeners capable of producing any size stone, gravel, or fill. “We’ll crush our own dirt, asphalt, and rock, or we’ll go to your site and do yours,” says Jay. “We can produce up to 5,000 ton per day, if needed.” Gagliarducci Construction competes in hard bid public works projects for most of the cities and towns in Western and Central MA as well as MassDOT. As a heavy civil contractor, roads, sidewalks, drainage, and water and sewer are all in the company’s wheel house. They have performed mass excavation and large site jobs for many of the well-known box stores and developers in the area. Many of the public and private colleges in the region have been repeat clients. “We have had a long relationship with many local colleges,” relates Jerry. “We have done work directly for the schools and we have also worked as subs for some of the larger construction managers and general contractors. We are working at four area schools right now.” The company has also been providing construction services for the owners of Eastern States Exposition Center for many years. This year they were contracted to rehabilitate a portion of the massive parking lot areas including installation of a large box culvert under the entrance road. “We’ll finish this job just ahead of this year’s ‘Big E’ event starting September 15,” says Jay. continued on page 39

At the “Big E” fairgrounds, in West Springfield, MA, Gagliarducci was contracted to extend a drainage channel and pave over it to provide more vendor space for the fair. Box culverts were used to extend the channel almost 100 feet. A retaining wall was built along the last culvert using Versa-Lok blocks. Sewer, water, and electric utilities were installed before finally paving the area, creating an additional 5,400 sq. ft. of vendor space.

SEPTEMBER, 2017

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Gagliarducci continued from page 37 Gagliarducci also recently completed a sitework and utility project at Great Horse, an exclusive golf club in Hampden, MA. The project included extensive excavation and renovations to portions of the course, as well as new on-site utilities, roadways, large stone and masonry features, and landscaping. “The new owners of this golf club spared no expense in creating one of the most beautiful buildings and grounds to be found anywhere,” said Jerry. “We are proud to be a part of this spectacular project. Like most excavation contractors, some of our best work is usually buried,” mused Jerry, “but in this case a lot of our work is part of the final aesthetics. It was almost like going back to our early landscaping history and it was a great feeling.”

Gagliarducci Construction joined UCANE in 2004 and has been a very active member from the beginning. As a Board Member and UCANEs delegated Western MA representative, you will find Jerry at most of the monthly Board meetings. “I had been following UCANE for many years,” says Jerry. “After seeing them tackle so many issues that were important to my business, I knew I should join and offer some of my experience to help the future of both the industry and our own company. It was a great decision. I love interfacing with other contractors, and often my competitors, at the monthly meetings. UCANE has a great staff and they keep an eye on our industry while the rest of us keep an eye on our company every day. They are always on top of legislation and regulations and they have great name recognition on Beacon Hill. I can call them any time on any issue – and I often do!”

Redesign of Great Horse Golf Club in Hampden, MA

UCANE congratulates the Gagliarducci family on their many achievements and we wish them continued success into the fourth generation and beyond! We are proud to count Gagliarducci Construction, Inc. as one of our members and we thank them for their ongoing support. n

SEPTEMBER, 2017

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Wastewater Consultant: Sandwich Must Launch $86 Million Cleanup

andwich’s wastewater consultant has recommended the town begin to implement wastewater treatment solutions soon that could cost up to $86 million, the consultant told the Sandwich Board of Selectmen Thursday night, August 10. Those costs would break down to about $1,200 per household annually for home and business owners who already have a septic system in place. Such “non-users” would not have to connect to a yet-to-be implemented sewer system. Those who prefer to connect to a sewer system would pay about $1,500 a year for the sewer hook-up and taxes, the consultant told the selectmen. Such “users” would not have to worry about purchasing, pumping, and maintaining a private septic system. “It’s an increase, but not as scary as you would think looking at the $80 million total,” water quality consultant Ed Leonard of Wright-Pierce Engineering told selectmen at the Thursday, August 10, meeting. He told the board that after examining many traditional and alternative wastewater systems, WrightPierce is recommending the town adopt a hybrid plan that includes building treatment systems and trading nitrogen credits with neighboring towns. Mr. Leonard was presenting the long-awaited Comprehensive Water Resource Management Plan that has been five years in the making. Health agent David B. Mason announced that although a $400,000 grant from Textron Systems Corp. will soon be depleted, the contract has been extended by the state until the end of this year. In 2008, Textron agreed to a $8.75 million settlement for allegedly tainting the Cape’s water sup-

SEPTEMBER, 2017 2016

ply with perchlorate and explosives. The substances, which leached into the groundwater over time, caused plumes of contamination and compromised the Upper Cape’s main source of drinking water. Sandwich secured a $400,000 grant from the Textron settlement to conduct water quality studies, and use them to find ways to clean up and maintain its water quality—including its ponds and surrounding bays. As a stipulation to that grant, Sandwich must supply regular progress reports to the state department of Energy and Environmental Affairs. Mr. Mason had said in June that the town intended to ask the state for an extension of the August deadline. The town plans to launch a public awareness campaign about wastewater this fall and would like to include the results of that campaign in its next report to the state, Mr. Mason said. The selectmen voted unanimously on August 10 to allow Mr. Mason and Mr. Leonard to forward their findings to the state and the Cape Cod Commiscontinued on page 45

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Spotlight on Cape Cod continued from page 43 sion for further input. Mr. Leonard acknowledged the Sandwich Wastewater Advisory Committee, comprising town officials and volunteers, for their contributions to the final report. Meanwhile, nitrogen credit negotiations among the towns of Mashpee, Barnstable, and Sandwich are continuing. The three towns have been working for more than a year on an inter-municipal agreement to address wastewater treatment in the Popponesset Bay watershed. The agreement would categorize the amount of nitrogen mitigation for which each municipality is responsible. Nitrogen and phosphorus are the chief culprits in contamination of local waters. If the town does nothing, drinking water, pond water, and coastal waters will continue to deteriorate, Mr. Leonard said. In addition, state and federal regulatory agencies could step in and require more stringent and expensive cleanup efforts, Mr. Leonard said. Future economic development will be limited if no action is taken, Mr. Leonard said, and an organization that filed suit to force Cape Cod to clean up its water could file a new suit. He was referring to suits filed by the Conservation

Law Foundation. The organization filed suit against Massachusetts in 1983 to compel the state to comply with federal environmental laws, and to build appropriate facilities to properly treat sewage in Boston Harbor. The CLF filed similar lawsuits against the Cape municipalities and the EPA in 2011 for failing to take actions to reduce harmful nitrogen pollution on Cape Cod. The lawsuits were intended to spur the EPA to implement its obligations to review, update and enforce a working and time-bound plan to stop the flow of nutrient wastewater and stormwater into the Cape’s bays. The Cape suits were resolved in 2014, but the settlement mandated that Sandwich and the other 14 Cape Cod towns comply with Section 208 of the federal Clean Water Act. In 2015, the US Environmental Protection Agency approved an updated plan from the Cape Cod Commission, commonly known as the 208 Plan, which creates a framework to reduce nitrogen levels through a regional approach. At a recent wastewater summit meeting in Hyannis of all the Cape’s towns, a principal of the Conservation Law Foundation said the Cape towns are only doing a so-so job of cleaning up their waters and hinted that further legal action is possible. continued on page 47

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Spotlight on Cape Cod continued from page 45 Mr. Leonard told the selectmen on August 10 that grants from state and federal agencies could mitigate the costs of implementing wastewater treatment solutions, but warned that such grants are increasingly scarce. He also said the town should continue its efforts to conserve water, control fertilizer and land use, investigate new technology, encourage installing and maintaining private septic systems, and monitor pond water health. Phase 1 of the recommended wastewater plan would begin this year with awareness raising and pre-design work, Mr. Leonard said. The initial wastewater efforts would be focused on areas of heavy usage and potential problem areas such as South Sandwich Village, the industrial park, downtown, and at the three schools. Each of three phases would be designed to accommodate future needs, Mr. Leonard said. The three phases, as envisioned, would solve Sandwich’s wastewater issues by 2023. According to a recent Cape Cod Commission report, Sandwich is responsible for a low percentage of the watershed including a portion of nitrogen entering the Mashpee River and Shoestring Bay; Mashpee

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holds the largest responsibility of watershed’s cleanup including Popponesset Bay, Popponesset Creek, and Ockway Bay; and Barnstable has been listed as the sole entity responsible for Pinquickset Cove and a portion of Popponesset Bay. Nevertheless, Town Manager George H. (Bud) Dunham said the town cannot afford to wait. “The more we wait, the higher the costs are going to be,” Mr. Dunham said. “If we wait, things are going to get worse. We have to look at this sooner rather than later.” Written by Tao Woolfe. Reprinted from The Sandwich Enterprise. n

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UCANE Joins MWRA Officials and Advisory Board Members for Annual Field Trip On Thursday, August 17, UCANE joined MWRA officials, public works directors, and several other stakeholders as the Massachusetts Water Resources Authority (MWRA) Advisory Board once again hosted its annual field trip. This year’s theme was “The Renaissance of Boston Harbor: An Environmental and Economic Success Story” and included a boat tour of the Deer Island Wastewater Treatment Plant and Boston Harbor, which, to the delight of the 155 who attended, occurred in picture perfect summer weather.

or more than 25 years, Advisory Board Executive Director Joe Favaloro and his staff have organized an August field trip as a way for Advisory Board members and interested parties to experience and see activities at MWRA facilities. This year’s trip gave those who attended a first-hand look at the enormous economic impact that the cleanup of Boston Harbor has had on the city. The day began at the Deer Island Wastewater Treatment Facility, which is the centerpiece of the MWRA’s Harbor cleanup. The plant removes human, household, business, and industrial pollutants from wastewater that originates in homes and businesses in 43 greater Boston communities. Dave Duest, Deer Island Wastewater Treatment Plant Director spoke and gave attendees a perspective of Deer Island operations from the boat and pointed out facilities and ongoing projects and planned upgrades. As the boat continued through the harbor to view the scope of the economic development, MWRA Executive Director Fred Laskey spoke about the history of the harbor cleanup, and also gave an update on the dispute about the cross harbor electric cable that helps power Deer Island. The cable was installed for Boston Edison (now Eversource) in 1990 by an out of state contractor who failed to bury the line as deep as the specifications required. This came to light when the Army Corps of Engineers and Massport unveiled plans for a harbor dredging project, which would cause the line to be replaced because it was too shallow. The dispute arose over who was responsible for payment of the new line. Mr. Laskey reported that all parties have come to an agreement. continued on page 53

SEPTEMBER, 2017

UCANE’s Mike Lenihan; Andrew Pappastergion, MWRA Board of Directors; MWRA COO Mike Hornbrook; Joe Foti, MWRA Board of Directors; and MWRA Executive Director Fred Laskey

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MWRA Field Trip continued from page 51 During the course of the tour, Austin Blackmon, Chief of Environment, Energy, and Open Space for the City of Boston outlined the city’s aggressive program to address climate change during the continued development in Charlestown and East Boston. Betsy Reilley, MWRA Director of Environmental Quality spoke about ongoing water quality monitoring and the positive results that have been achieved. The day ended with a return trip to Deer Island for a barbecue lunch.

UCANE would like to thank the Advisory Board for an informative and enjoyable day, and congratulate the MWRA and all the UCANE member companies who have completed so many projects over the years that have made the Boston Harbor Cleanup such a success. n

Historical Deer Island Pump Staition on display at the Deer Island Visitor’s Center. FYI: If you would like details about scheduling a tour of Deer Island, please call the Deer Island Tour office (617) 660-7607. Individuals and groups, especially MWRA customers, are welcome to visit the treatment plant in operation. MWRA hosts guests from all over the world, including engineers, environmentalists, and public officials who want to see first-hand MWRA's "Boston Harbor Clean-up," known as one of America's most important environmental success stories.

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Marlborough: Mayor’s Proposal to Replace Lead Service Lines Gets OK from Council

ayor Arthur Vigeant’s plan to spend $5 million over the next five years to replace privately-owned water service lines containing lead got the go-ahead from city councilors Monday, July 24. The city will replace about 1,200 water service lines – pipes that connect the cityowned water main to individual homes and buildings – that contain lead. The project is part of Vigeant’s multi-year capital plan. City officials will participate in the Massachusetts Water Resources Authority’s Lead Loan Program, which offers 10-year interest-free loans to communities to replace lines containing lead. Replacing a water service line typically costs between $3,000 and $5,000 per home. The water service lines the city plans to replace are owned and are the responsibility of property owners. Vigeant said in a letter to the City Council it is likely those lead service lines would not be replaced by property owners. City officials are working with outside consultants to develop the replacement program and will submit it to the MWRA. The city will notify homeowners with lead service lines about the program. Homeowners are not required to do the upgrades. The MWRA’s Lead Loan Program is focused exclusively on service lines that run between a house and water main on the street, according to the organization’s website. High levels of lead in drinking water can cause health problems if it enters the bloodstream and causes elevated blood levels. Risks vary based on individual circumstances, but infants and pregnant women are more likely to be affected. The city’s water is safe and arrives in Marlborough lead-free from the MWRA. Wa-

SEPTEMBER, 2017

ter mains owned by the city are lead free. The lead that exists in the water network is in service lines owned by property owners and/or the pipes and fixtures inside homes, the mayor said in his letter. Testing conducted in November and December of 2016 and January 2017 indicated that lead levels are in compliance with the Department of Environmental Protection’s guideline of 0.015 milligrams per liter, Vigeant said. Six of 60 water samples taken from randomly selected residential properties in August had lead levels exceeding the DEP guidelines. The city shut down the Millham Reservoir water source; city officials believe high levels of chloride in the reservoir caused the elevated lead levels, but they are conducting a study to confirm. Along with replacing the lead service lines, other big-ticket items in Vigeant’s multi-year capital plan include $34 million to build a new elementary school, $23 million to renovate and expand the more than century-old library, $20 million for roadway maintenance and more than $8 million for a west side fire station. Written by Jeff Malachowski. Reprinted from Metro West Daily News. n

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“Our company has been a UCANE member for more than 40 years. There is no doubt that we have seen a return on our investment many times over.” ~ mARCO GiOiOSO, p. GiOiOSO & SONS, iNC.

“While I am busy running my business, it is a comfort to know that UCANE is working every day on my behalf to stem the never ending flow of new laws and regulations on both the State and National level.” ~ ViN BARLETTA, BARLETTA HEAVY DiViSiON

“Membership in UCANE has provided me much greater insight into how our industry is funded and how we, as contractors or suppliers, can help control our own destiny.” ~ mARCELLA ALBANESE, ALBANESE BROTHERS, iNC.

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“My UCANE membership and my Board involvement has been rewarding to me, personally, as well as to our company’s bottom line. Not only have I made business relationships that will benefit my company, but personal relationships that will last a lifetime.” ~ TOm DESCOTEAuX, R. H. WHiTE CONSTRuCTiON CO., iNC.

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“I have found that UCANE contractors try to support Associate Members. I might not make every sale, but most times I know I’ll at least get a chance to submit a quote.” ~ STEVE CONNOLLY, ATS EquipmENT, iNC.

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any people prefer to have some conservative holdings in their IRAs and other retirement accounts. This century has already produced two nasty bear markets (in 2000–2002 and 2007–2009). If a third downturn occurs, investors will be glad they held some defensive positions, which might minimize losses and possibly offer gains. When it comes to playing defense, Ginnie Maes may merit consideration. The nickname comes from the formal name, Government National Mortgage Association, or GNMA. This agency promises investors the payment of principal and interest from residential mortgage loans insured or guaranteed by federal entities, such as the Federal Housing Authority and the Department of Veterans Affairs. Ginnie Mae mortgage bonds are the only mortgage securities with full federal backing. It’s Complicated

but gain value when rates fall because their fixed yields become more attractive. ManyMortgage-backed people prefer to have some securities, including Ginnie Maes, also suffer losses when rates rise. However, conservative holdings in their IRAs and rising rates can cause a slowdown in mortgage pre-payother accounts. This century has mentsretirement because borrowers are less likely to refinance their loans. This slowdown means thatmarkets Ginnie Mae already produced two nasty bear investors have less money to reinvest at higher yields. (in 2000–2002 and 2007–2009). If a third The opposite phenomenon affects mortgage secudownturn occurs, investors willoccurs be glad they rities when rates fall. More refinancing as homeowners seek the lower loan rates. That means more held some defensive positions, which might cash flow to investors holding mortgage bonds and minimize losses andatpossibly offer more money to reinvest lower rates. Thus,gains. mortgagebacked securities may lose more than conventional When it comes to playing defense, bonds when rates rise and gain less when rates fall.

Ginnie Maes may merit consideration. Taxes, Too The nickname comes from the formal Treasury securities and funds holding them pay inname, National Mortgage terest Government that’s taxable at the federal level, but is generally exempt from state and local income taxes. Therefore, Association, or GNMA. This agency these holdings can be especially attractive to investors the payment of principal in high-taxinvestors areas. One answer rests with mortgage-backed securi- promises ties. Most bonds lose value when interest rates rise and interest from residentialcontinued on page 61 mortgage loans insured or guaranteed by federal entities, “BUY FROM THE ADVERTISERS CONSTRUCTION OUTLOOK” 59 SEPTEMBER, 2017 such asINthe Federal Housing Authority and the Department of Veterans Affairs. Ginnie Ginnie Mae securities might be considered the “safe option” for retirement investing. Yields are not enormous in today’s environment, but they may be relatively attractive. Typically, Ginnie Maes pay one to two percentage points of yield more than Treasuries. Why should supposedly safe Ginnie Maes pay more?

Yields enviro attrac to two than T safe G On securi intere fall be attrac Mo Ginni rates r a slow becau refina that G to rein Th mortg refina lower flow t and m Thus, more rise an

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2:26 PM

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Financial Management continued from page 59 Mortgage-backed securities, even federally backed Ginnie Maes, do not enjoy state or local tax exemption; they’re fully taxable at all levels of government. This relative disadvantage, along with the complexity and interest rate threats, may explain the higher yields (versus Treasuries) that Ginnie Maes offer to investors. Their tax treatment also might cause Ginnie Maes to be an appealing holding in retirement accounts where all the income taxes can be deferred until money is withdrawn.

Favoring Funds Investors can often purchase individual Ginnie Mae bonds for around $25,000. Some retirees are pleased with these “pass-through” securities because they deliver monthly cash flow, reflecting the regular payments made on the underlying mortgages by homeowners. If you work with a savvy financial adviser or if you are willing to research Ginnie Maes on your own, this can be an astute choice. That Said, the Ginnie Mae Market is complex, likely to lead to missteps by novice investors. Many people prefer owning shares of a fund and relying on the expertise of professionals to choose suitable Ginnie Maes. Diversification and a lengthy time frame might overcome interest rate concerns and deliver the benefits of relatively high yields. Many leading fund families, including Vanguard, Fidelity, and T. Rowe Price, have established Ginnie Mae mutual funds with performance records for investors to evaluate. In terms of performance, Ginnie Mae funds generally had positive returns in 2008 when the stock market nosedived. The past is no guarantee of future results, but an encouraging track record might indicate that Ginnie Mae may be worth a place in a retirement portfolio. continued on page 63

Trusted Advice Up With Housing • The GNMA, or Ginnie Mae, helps make affordable housing a reality for millions of low- and moderate-income U.S. households. • The Ginnie Mae guarantee allows mortgage lenders to obtain a better price for their mortgage loans in the secondary mortgage market, then use the proceeds to fund new mortgage loans. • Ginnie Mae guarantees investors the timely payment of principal and interest on certain mortgage-backed securities. • Besides loans insured by the Federal Housing Authority or guaranteed by the Department of Veterans Affairs, other guarantors or issuers of loans eligible as collateral for Ginnie Maes include the Department of Agriculture’s Rural Development and the Department of Housing and Urban Development’s Office of Public and Indian Housing. • Ginnie Mae has never needed a bailout from the federal government. It does not buy or sell loans or issue mortgage-backed securities; its balance sheet doesn’t use derivatives to hedge or carry long-term debt. • Ginnie Mae securities are the only mortgage-backed security to carry the full faith and credit guarantee of the U. S. government.

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Financial Management continued from page 61

Tax Credits Beat Tax Deductions

any people prize tax deductions. The promise of a deduction can affect decisions in many areas, including charitable contributions, home buying, and investing in rental property. However, tax deductions offer only partial relief because they reduce income, not the tax bill. The higher your income and tax bracket, the more you’ll benefit from a tax deduction. Example 1: Heidi Jones has recently finished her education and joined the work force. With a modest income, Heidi is in a 15% tax bracket. If Heidi donates $1,000 to charity (and if she itemizes deductions on her tax return), Heidi will reduce her taxable income by $1,000. In a 15% bracket, she will save $150 in tax (15% times $1,000). Example 2: Ken Larsen, a middle-aged executive, has a high salary, placing him in the 33% tax bracket. If Ken itemizes a $1,000 charitable contribution, he’ll save $330 (33% times $1,000), more than twice the amount of tax that Heidi saves for the same charitable gift.

Dollar for Dollar A tax credit, on the other hand, is a direct reduction of the tax you owe. If Heidi and Ken both receive a $1,000 tax credit, they’ll both trim their tax obligation by $1,000. Moreover, many tax credits have income limits and phaseouts, which effectively means they’re available to low- and middle-income taxpayers but not to people with relatively high incomes. Here are some widely used tax credits.

Earned Income Tax Credit This credit is designed to help workers, including those with self-employment earnings, who have modest incomes. The good news is that the earned income tax credit (EITC) is refundable. Example 1: Jim Carter files his 2017 tax return. Without the EITC, Jim would owe $500 in tax. Jim’s EITC amount is $1,200. Therefore, his $500 obligation is wiped out, and Jim would receive a check from the IRS for the $700 balance. (Most tax credits are not refundable, meaning that they do no more than offset any tax obligation.) continued on page 65

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Financial Management continued from page 63 Besides having earned income, there are several other hurdles to clear to get the EITC. They include age (at least age 25, but under 65), investment income (no more than $3,450 in 2017), and filing status (married, filing separately, not eligible). In addition, there are income limits for the EITC; those limits vary by filing status and by the number of qualifying children. (The definition of qualifying children is very broad for EITC purposes.) This year, for instance, a married couple filing a joint tax return with two qualifying children must have both earned income and adjusted gross income (AGI) of less than $50,597 to get this credit. EITC amounts vary, as well. The 2017 maximum credit is $6,318 for a recipient with three or more qualifying children.

Child Tax Credit For the child tax credit, the definition of a child is a bit more limited than it is for the EITC. Although the EITC can cover students under age 24, the child tax credit does not go beyond age 16. Other requirements apply. The maximum tax credit is $1,000 for each qualifying child. This credit phases out after the taxpayer’s 201 Jones Road, Suite 645 Waltham, MA 02451 Phone: (781) 398-9840 Cell: (508) 400-3679 exitstrategiesgroup.net

Did You Know?

mployees spend a median of 2 hours a week dealing with personal financial matters while at work. Millennials (age 18–34) spend an average of 4 hours per week, those in Generation X (age 35–50) average 2 hours per week, and Baby Boomers (age 51–69) average 1 hour per week. Millennials’ major concerns are retirement, savings habits, and paying down debt. Source: Bank of America Merrill Lynch income exceeds a threshold amount based on his or her income. The threshold amount depends on filing status—to get the maximum credit, for instance, a couple filing a joint return must have modified adjusted gross income (MAGI) of no more than $110,000. Above the threshold, the child tax credit drops by $50 per $1,000 of MAGI. Under a tax code provision known as the additional child tax credit, some of the credit may be refundable, depending on the amount of the taxpayer’s earned income. continued on page 67

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Business Owners Success When TheyThey CarveCarve Out Time Business OwnersFind Find Success When Out Operations on an Basis Basis Time to to Evaluate Evaluate Operations onAnnual an Annual

Most business become so immersed in immersed the these obligations? Are the terms still favorable? ost owners business owners become so in ofproperty Business Financials daily operation and management of their business that of their • Review Leases – real and equipment the daily operation and management • Contracts with other third parties – purchase agreements they don’t set aside time to evaluate its operations. An anbusiness that they don’t set aside time to 6. Business Projected insurance Income Tax Liability nual gathering of a business owner and his or her close evaluate its operations. An annual gathering of a busi☐ Has new real property been acquired? Was this property advisors—including a trusted attorney, accountant, inValuation • Succession Planning ness owner and his or her close advisors—including Business added to the company’s insurance policy? surance professional, and other financial advisors—is ☐ Is all equipment covered? a trusted attorney, accountant, insurance professional, Contractual • Business Insurance an excellent opportunity to review the business as well as ☐ Are thereObligations any new exposures that should be mitigated and other financial advisors—is an excellent opportuniaccomplishments or setbacks that might shape the overall through insurance? to review the business as well as accomplishments Banking Considerations 7. Banking considerations • Business Legal Documents futuretyplan for the company.

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Although not exhaustive, the following is a list of poAgreements relationship Buy-Sell with a financial institution that provides funding for the company. tential agenda items to include in an annual review session. business operations. Although not exhaustive, the following is aEmployee list of Non-Competition Agreements This meeting is an opportunity for the business advisors to ☐ Agreements Consider a review& of the following: potential agenda items to include in an annual review • Loans communicate with each other, encouraging open dialogue session. This meeting is an opportunity for the busiEmployee Incentives • Employee Considerations • Lines of credit and cooperation throughout the planning process.

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phases out after the taxpayer’s the earned Financial Management continued from page 65 a threshold TC) is refundable. income exceeds Dependent Care Credit amount based on hisTax or her arter files his Child and income. The this threshold amount hout the EITC,As the name indicates, credit has two broad applications. One is for taxpayers who have depends on filing status—tochildren get n tax. Jim’s EITC under age 13 and the other is for those who have the maximum credit, for instance, erefore, hisspouses, $500 dependents, or certain other individuals a couple filing aincapable joint return must t, and Jim would who are physically or mentally of self-care. Either way, the credit is a portion of amounts paid have modified adjusted gross to he IRS for the a caregiver so that the taxpayer can go to work, acof no more than ax credits are not tively look forincome work, or (MAGI) go to school. This resulting amount is multiplied by a percent$110,000. Above theby threshold, hat they do noTo calculate lesser of the s earned income this credit, start finding the age that depends onindividual’ your AGI. The minimum perused by many who claim this credit, is 20%, amount spent onchild qualifying care for a given calen-per centage, the tax credit drops by $50 ax obligation.) or the earned income of the individual’s which applies when AGI is $43,000 or more. dar year. Here, the maximum amount that counts is $1,000 of MAGI. Under a tax code ned income,$3,000 there for one spouse.2:InPaul addition, if theScott, individual qualifying person and $6,000 for two Example and Robin who have provision as the additional child$100,000 les to clear or to more get people needing known care. in AGI,dependent pay over $6,000 to caregivers receives care benefits that for their two children this year. Therefore, the Scotts mulsomecredit of the creditmay maybebe de age (at leastHowever, age tax thiscredit, maximum amount he or she excludes from income, the tiply the maximum amount ($6,000) by the minimum limited for some individuals. The maximum amount refundable, depending on the amountpercentage of maximum estment income (20%) to get $1,200, theisamount of this credit amount reduced is limited, in the case of a single individual, to the the taxpayer’ s earned income. in 2017), and tax credit they can claim. (Claimants may also be reindividual’s earned income for the year. In the case of by for thepayroll amount of the dependent care sponsible tax reporting in some situations.) a married individual, the maximum amount is limited filing separately, benefits excluded. to the lesser Child of the individual’s earned income care or the and dependent More Credits, More Assistance earned income of the individual’s spouse. In addition, This resulting amount is multiplied tax credit re income limits Many other tax credits are available, including if the individual receives dependent care benefits that byhigher a percentage that onthe your education. Fordepends all of them, rules he or she excludes income, the maximum credithas some for As thefrom name indicates, this credit mits vary by go beyond these brief descriptions. amount is reduced by the amount of the dependent AGI. The minimum percentage, used broad applications. One is for e number ofcare benefitstwo continued on page 69 excluded. by many who claim this credit, is 20%, taxpayers who have children under The definition which applies when AGI is $43,000 or age 13 and the other is for those who s very broad for Ma Cape Cod, Ma more. have spouses, dependents, or certain s year, for instance,plainville, (774)847-9046 Example 2: Paul(508)759-9990 and Robin Scott, g a joint tax return other individuals who are physically or Boston, Ma auBurn, Ma mentally incapable of self-care. Either ildren must have (617)269-4800 who have $100,000(508)832-3404 in AGI, pay way, the credit is a portion of amounts nd adjusted gross WoBurn, over $6,000 to caregivers for their Ma Cranston, ri paid to a caregiver so that the taxpayer than $50,597 to (781)376-9636 (401)461-8020 two children this year. Therefore, the can go to work, actively look for work, Scotts multiply the maximum amount or go to school. y, as well. The ($6,000) by the minimum percentage To calculate this credit, start by t is $6,318 for a (20%) to get $1,200, the amount of this finding the amount spent on qualifying r more qualifying tax credit they can claim. (Claimants care for a given calendar year. Here, the maximum amount that counts is $3,000 may also be responsible for payroll tax for one qualifying person and $6,000 for reporting in some situations.)

t, the definition limited than it is gh the EITC can age 24, the child beyond age 16. pply. credit is $1,000 ld. This credit

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Financial Management continued from page 67

R&D Tax Credits for Small Companies

ust as individuals get a dollar-for-dollar tax savings from tax credits, the same is true for businesses that qualify for tax credits. The Protecting Americans from Tax Hikes (PATH) Act of 2015, passed in 2016, expanded the ability of small companies to use the research and development (R&D) tax credit. The R&D credit is based not on the total amount a business spends on R&D, but on increases in R&D spending. Not only is a tax credit better than a tax deduction, but R&D costs not covered by the credit may not be immediately deductible. The spending that counts for the R&D credit might be for in-house wages and supplies, as well as for outside contracts that are considered qualified research expenditures. Money spent on activities such as developing new or improved products, processes, or formulas; developing prototypes or models; devel-

oping new technology; and developing or applying for patents may qualify. To obtain the R&D credit, diligent recordkeeping is required. Defining which outlays qualify as R&D can be a challenge, so companies should be able to support their claims. Moreover, certain small businesses may run into additional obstacles, such as the alternative minimum tax (AMT) and a lack of taxable income that prevents using tax credits currently.

Addressing the AMT Generally, a company that owes the AMT cannot use the R&D tax credit to reduce its AMT obligation. However, in some cases, the PATH Act allows the R&D credit to offset the AMT. Eligible companies are sole proprietorships, partnerships, or nonpublic corporations with average annual gross receipts under $50 million for the prior three tax years. In the case of pass-through entities, partners and S corporation shareholders may be able to use the R&D credit against their individual AMT liability. continued on page 71

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Financial Management continued from page 71 Offsetting Payroll Taxes The R&D tax credit is nonrefundable, so it generally doesn’t help companies with no income tax liability. Another PATH provision addresses this problem for young companies that do substantial R&D yet have no tax liability to reduce. Eligible firms can use the credit to reduce payroll tax, rather than income tax. To qualify, a corporation or partnership must have less than $5 million of gross receipts in the year of claiming the credit and no gross receipts in any year before the fourth preceding year. Thus, this tax break is mainly for startups. A company that qualifies can use up to $250,000 of R&D tax credits to reduce its employer share of Social Security payroll tax outlays, so cash can be retained. If current payroll tax doesn’t equal the amount of the R&D credit a company can claim, carryforwards may be possible. The complexity of the R&D tax credit and the required recordkeeping may discourage small companies from claiming it. If your company is devoting resources to developing new products and technology, your accountant can determine if seeking this credit will be worthwhile and help you provide the necessary documentation. Reprinted from CPA Client Bulletin. n

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Equal Opportunity/Affirmative Action Employer

Advertisers’ Index APJ Equipment Corp..............................................................31 ATS Equipment, Inc. .............................................................10 Acme Shorey Precast Co., Inc...............................................30 Aggregate Industries - N.E. Region.......................................27 American Shoring, Inc........................................ Ins. Back Cvr. AQUAREHAB USA Inc...........................................................64 Boro Sand & Stone Corp.......................................................54 Brennan Consulting...............................................................64 Dennis K. Burke, Inc..............................................................60 C&S Insurance Agency...........................................................6 Dagle Electrical Construction Corp.......................................20 Darmody, Merlino & Co., LLP................................................61 Dedham Recycled Gravel......................................................45 DeSanctis Insurance Agency, Inc. ........................................68 Dig Safe System, Inc.............................................................68 The Driscoll Agency ..............................................................47 EJ...........................................................................................56 Eastern Pipe Service, LLP.....................................................60 Eastern States Insurance Agency, Inc..................................66 Eastpoint Lasers, LLC...........................................................58 T. L. Edwards, Inc..................................................................53 Equipment4Rent....................................................................70 Exit Strategies Group LLC.....................................................65 Ferguson Waterworks............................................................19 Genalco, Inc.............................................................................9 Gorilla Hydraulic Breakers.....................................................32 L. Guerini Group, Inc..............................................................54 HD Supply Const. & Industrial White Cap.............................26 HD Supply Waterworks............................................................2 A. H. Harris Construction Supplies........................................67 Hinckley Allen LLP.................................................................38 JESCO...................................................................................58 P. J. Keating Company...........................................................42 Kenworth Northeast...............................................................15 P. A. Landers, Inc...................................................................50 Lawrence-Lynch Corp............................................................32 Lorusso Corp..........................................................................71 Lorusso Heavy Equipment, LLC............................................46 MBO Precast, Inc...................................................................15 Mabey, Inc..............................................................................71 Mass Broken Stone Company...............................................47 McGill Hose & Coupling, Inc..................................................62 Milton CAT..............................................................................52 Minuteman Trucks, Inc...........................................................32 Norfolk Power Equipment, Inc...............................................64 North American Crane & Rigging LLC....................................8 North East Shoring Equipment, LLC.....................................56 Ocean State Oil......................................................................31 Palmer Paving Corp...............................................................63 E. H. Perkins Construction Co., Inc....................................... 74 Podgurski Corp...................................................................... 11 E. J. Prescott, Inc................................................Ins. Front Cvr. Rain For Rent-New England..................................................12 Read Custom Soils ...............................................................70 Ritchie Bros. Auctioneers......................................................21 Rodman Ford Sales, Inc........................................................16 Rogers & Gray Insurance......................................................18 Schmidt Equipment, Inc............................................. Back Cvr. Scituate Concrete Products Corp..........................................40 Scrap-It, Inc..............................................................................7 Shea Concrete Products, Inc. ...............................................28 Smith Print..............................................................................31 Starkweather & Shepley Ins. Brokerage, Inc.........................66 Taylor Oil Company................................................................62 Tonry Insurance Group, Inc...................................................58 Travelers.................................................................................44 Triumph Modular....................................................................14 TruckTap.................................................................................54 United Concrete Products......................................................69 United Rentals Trench Safety................................................48 Webster One Source.............................................................24 C. N. Wood Co., Inc. ...............................................................4 Woodco Machinery, Inc.........................................................22 Xylem Dewatering Solutions Inc............................................70

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

SEPTEMBER, 2017

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

207 Lake Street, Newburgh, NY 12550

1.800.407.4674 www.americanshoring.com E-Mail us at

sales@americanshoring.com In New England

SALES • RENTALS • SERVICE REPAIRS • TRADE-INS RECERTIFICATION

American Shoring of Massachusetts, Inc.

226 Cherry Street Shrewsbury, Mass 01545

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

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