Construction Outlook November 2018

NOV | 2018 A PUBLICATION OF THE UTILITY CONTRACTORS’ ASSOCIATION OF NEW ENGLAND, INC.

Maria and Paul Scenna with their children Isabella, Paul, Jr., and Alessandra

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Years of Excellence 1954-2018

OFFICERS President RICHARD PACELLA, JR. R. M. Pacella, Inc.

President-Elect MARCELLA ALBANESE

NOVEMBER, 2018

IN THIS ISSUE

3 President’s Message:

2018 Banquet Reflects the Best of UCANE

5 Legislative Update:

• Governor Signs Supplemental Budget Providing Additional $10 Million for Contract Assistance for Water Infrastructure • Town of Danvers Studies Future Water Needs and Solutions • MassWorks Infrastructure Program Continues to Fund Key Water Infrastructure Projects • Commonwealth Launches Campaign to Reduce Stormwater Pollution • 2018 Election Results • MassCEC Releases Study on Water Technology Demonstration Centers

Albanese Brothers, Inc.

Treasurer RYAN McCOURT

McCourt Construction Company

Secretary BRIAN COONEY

C. C.Construction Inc.

BOARD OF DIRECTORS GREG ANTONELLI GTA Co., Inc.

VINCENT BARLETTA

Barletta Heavy Division

TONY BORRELLI

Celco Construction Corp.

17 Legal Corner:

Shifting the Risks of Differing Site Conditions on Massachusetts Public Works Projects

21 UCANE’s Annual Christmas Party & Scholarship Auction 23 Spotlight on Cape Cod: Sandwich Voters OK Surcharge for Water Fund

NICK GAMACHE

27 29 31 32 50 56

MARCO GIOIOSO

59 UCANE’s Associate Member of the Year:

BEN CAVALLO

C&S Insurance Agency

ANDREW DANIELS J. Derenzo Co.

GREG FEENEY

Feeney Bros. Utility Services

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc. Rain for Rent - New England P. Gioioso & Sons, Inc.

MIKE GORMAN

E. J. Prescott, Inc.

BILL LEONARD

Aqua Line Utility, Inc.

AL MORTEO

How to Become More Successful at Funding Water Infrastructure Important Notice to UCANE Members “Imagine a Day Without Water” Campaign: October 10, 2018 UCANE’s 64th Annual Banquet UCANE’s Banquet Sponsors UCANE’s Contractor Member of the Year:

Paul Scenna, Albanese D&S, Inc.

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

61 OSHA Trade Release: U.S. Department of Labor Updates National Emphasis Program on Trenching and Excavation Safety 63 Safety Corner:

FED. CORP.

60 Seconds of Safety

JOHN OUR

67 Financial Management:

Robert B. Our Co., Inc.

JOSEPH PACELLA

RJV Construction Corp.

PAUL SCENNA

Albanese D&S, Inc.

CHRIS VALENTI

GVC Construction, Inc.

KEN VOGEL

WES Construction Corp.

DAVID WALSH

Pawtucket Hot Mix Asphalt

ANNE KLAYMAN

Executive Director

• • • • • •

Year-End Planning Under the New Tax Law Sizing Up the Standard Deduction Year-End Tax Planning for Charitable Donations Year-End Tax Planning for Investors Year-End Retirement Tax Planning Year-End Business Tax Planning

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

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2018 Banquet Reflects the Best of UCANE My family has been involved with UCANE for decades, and the Annual UCANE Banquet is always an event they look forward to attending. Since becoming a member, I have attended each Banquet and my anticipation and expectation for an entertaining evening has grown exponentially.

U

CANE’s 64th Annual Banquet lived up to all my expectations, and I’m certain that the more than 600 members and guests who attended would agree with me. As UCANE President, I was especially honored to welcome everyone to this incredible event. Each year, it is sold-out not only because it is an unbelievably great time, but also because members want to help honor our Contractor and Associate Member of the Year recipients.

As President, I was also able to get a good look “behind the scenes” and see the type of support and planning it takes for this event to come to fruition. I want to especially thank all of our banquet sponsors, most notably C. N. Wood Co., Inc. and Komatsu, who have been our Banquet Host Sponsors for the past 19 years. It is only through their ongoing support, and our members’ generosity that this event continues to be so successful. I also would like to take this opportunity to offer my thanks and appreciation to the UCANE staff for their efforts in making the night such a memorable one. You can see a full recap of the evening, along with hundreds of photos and a listing of all Banquet sponsors in the accompanying article beginning on page 32.

In addition, I want to congratulate our 2018 Contractor of the Year, Paul Scenna of Albanese D&S, Inc., and our Associate Member of the Year, Fred Rogers of ScrapIt, Inc./Minichiello Bros., Inc., who were honored at our Banquet. Paul has been a tremendous advocate and ambassador for our industry, both during his term as a Board Member and most recently as UCANE President; and I cannot think of a UCANE meeting or event in the past few years that Fred has not attended and supported.

Both men are extremely well-deserving of the honor they received.

While we spent the evening celebrating a success-

NOVEMBER, 2018

ful construction season, our Association continues to strongly advocate for additional investment in water infrastructure. In 2018, the Legislature passed $10 million in additional funding for water infrastructure in a budget bill, which Governor Baker signed into law. UCANE also supports an emphasis on water infrastructure through the Administration’s MassWorks program, which provides economic development grants to cities and towns. At the federal level, Congress passed, and the President signed the 2018 Water Resources Development Act (WRDA).

This legislation, supported by UCANE through the Clean Water Construction Coalition (CWCC), authorizes an increase in the Safe Drinking Water SRF program from $1.17 billion in the current fiscal year to $1.95 billion by 2020. This legislation is the only bipartisan infrastructure bill to pass both branches of Congress this session.

As UCANE members, we have much to be proud of, and there is still one more event taking place before year-end that is very important to our members...our 45th Annual Christmas Party and Scholarship Auction. This event will take place on December 5 at The Lantana in Randolph, MA, so Save the Date! Our members take great pride in presenting twelve $2,000 scholarships to the children of our members and their employees. Providing financial support to high school seniors who have excelled in academics, sports, music, and the arts, and who have contributed to their places of worship and to their communities has become a part of UCANE’s mission. I look forward to seeing a capacity crowd and everyone having a great time!

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Governor Signs Supplemental Budget Providing Additional $10 Million for Contract Assistance for Water Infrastructure

he Massachusetts legislature closed the books on FY18 at the end of October by passing a supplemental budget that funded both programs in need of funding, as well as providing increased, additional, one-time funding for certain other programs.

Contained within this supplemental budget was $10 million in additional, one-time funding for the contract assistance line item, which is administered by the Massachusetts Clean Water Trust (CWT). This important line item, 1599-0093, provides contract assistance, which does not directly fund projects; but addresses the difference between borrower repayments and amounts owed on debt service. The additional funding, combined with the CWT’s flexibility in program administration provided in Chapter 259 of the Acts of 2014, will allow for the CWT to extend extra one-time assistance to municipalities and regional water systems with documented needs.

In advocating for the need for these additional funds, UCANE, alone, and as part of the Water Infrastructure Alliance (WIA) met with key policymakers in the State House to ask for the increased funding. In correspondence to House and Senate leadership, the WIA stated, “Recognizing the need to assist municipalities and regional water authorities in addressing this problem, the Massachusetts legislature has given greater flexibility to the Massachusetts Clean Water Trust (CWT) in recent years to provide additional financial assistance for eligible projects that have met a series of reasonable best management practices (i.e., development of an asset management plan, etc.). This additional funding will allow the CWT to provide the support necessary to incent our municipalities and regional water authorities to address critical maintenance needs, de-

NOVEMBER, 2018

velop long-term plans and incorporate important water management reforms today, as part of the overall effort to save on long-term costs, sustain economic development and manage systems more efficiently.”

The contract assistance line item, once funded at $79 million, had seen its funding slide to a low of $56 million and, in recent years, back to $63 million. Governor Charlie Baker, who filed the original supplemental budget in July, asked for $30 million in additional funding for the contract assistance line item. The Trust oversees the Massachusetts State Revolving Fund (SRF). The SRF loan program receives funding from the United States Environmental Protection Agency in the form of an annual grant, supplemented by state matching funds and the repayment of funds from previous borrowers. When loans to local governments are paid back, the money is recycled and lent out again, which is how the fund "revolves."

The Trust uses a "leveraged model," in relation to its funds. Bonds are issued, secured by the debt service payments from borrowers, contract assistance from the Commonwealth and interest earnings, which are all put on reserve. The proceeds from bonds are used to fund loans to local governments. Leveraging allows for a greater amount of lending than would be possible by issuing only direct loans from grant funds.

The Trust has financed approximately $7 billion to nearly three hundred borrowers, serving 97% of the Commonwealth’s population.

The Water Infrastructure Alliance is a coalition of construction, environmental, engineering, water management, and systems operators as well as regional planning agencies with a shared concern for funding the Commonwealth water and sewer infrastructure needs. continued on page 7

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Legislative Update continued from page 5

A

Town of Danvers Studies Future Water Needs and Solutions

s reported by the Salem News, a series of studies relative to the Danvers and Middleton water system have the two towns discussing supplemental water sources and potentially connecting to the Massachusetts Water Resource Authority (MWRA). The Town of Danvers, which owns and operates a water treatment plant, supplies water to Middleton as well as its own residents and businesses. The system utilizes three reservoirs in addition to wells. Two of those reservoirs, Middleton Pond and Emerson Brook, are in Middleton. The third, Swan Pond, is in North Reading.

The two studies were partially funded by the Massachusetts Department of Environmental Protection in conjunction with municipal water suppliers in the Ipswich River Basin, including Danvers. The first study found that water suppliers only use 1% of the water in the basin, and the basin experiences a significant amount of evaporation. The second study found that climate change and growth would probably impact the reliability of the basin as a water source.

In April, the Danvers Department of Public Works paid a private consultant for a third, Danvers-specific study, relative to the resiliency of the Danvers water system. The study examined the potential for maximizing the use of wells, increasing storage availability, looking for new water sources, connecting to the MWRA, and purchasing water from Salem and Beverly.

According to Town officials, if the MassDEP lifted its restrictions and Danvers used its water wells to full capacity, the municipality would still be short of water for 77 days in the event of a sustained drought. The study also revealed that the dam at Middleton Pond would have to be raised five feet to support the town to counter the effects of a sustained drought. According to the study, if Danvers' population grows 15% the Town would be without water for 74 days even with the raised dam.

The Town of Danvers expects to continue these discussions as the municipality develops a final plan for increasing system resiliency and capacity. continued on page 9

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Legislative Update continued from page 7

A

MassWorks Infrastructure Program Continues to Fund Key Water Infrastructure Projects

ccording to a press release from the Massachusetts Executive Office of Housing and Economic Development, the BakerPolito Administration awarded a $2.2 million MassWorks Infrastructure Program to remediate excessive storm water and sewer capacity issues. The MassWorks award will kick off a two-phase project that will address sewer capacity problems and spur development in the Greenbush Station area.

The first phase will replace 4,300 feet of sewer line and provide a better connection for the Cedar Point area near Scituate lighthouse. The project will correct excessive water intrusion into the sewer system and boost treatment capacity.

The Phase 1 upgrades will unlock $4.8 million in local funding for Phase 2, which will then replace another 9,300 feet of sewer line in the Oceanside Drive area. When completed, the project will en-

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able a $70 million private investment in the development of 148 age-restricted condominiums and 78 apartments, including affordable units and commercial space, next to Greenbush Station.

Since 2015, the Baker-Polito Administration has awarded over $275 million in MassWorks grants to support 138 projects in 106 communities.

MassWorks funding has been critical to the addition of over 2 million square feet of commercial/retail space, approximately 10,000 full- and part-time jobs, more than 7,000 immediate housing units, at least 7,000 square feet of new public space, and 1,200 new hotel rooms.

Through the 2018 MassWorks round, the Administration will award more than $82 million in new grants for 40 projects that intend to leverage $2.9 billion in private investment, and drive an anticipated 4,000 units of new housing and more than 9,000 full-time jobs. Thirty-seven communities across the Commonwealth will benefit from this round’s investments. Of further note, the MassWorks program has continued to underscore the link between economic development and water infrastructure. As noted in a study by E.J. Collins Center at the University of Massachusetts-Boston, investing in water infrastructure is one factor associated with meaningful economic development growth. Edward J. Collins, Jr. Center for Public Management, University of Massachusetts Boston, "Study on Investment in Water and Wastewater Infrastructure and Economic Development" (2014).

Edward J. Collins Center for Public Management Publications. Paper 23. http://scholarworks.umb. edu/cpm_pubs/23.

The MassWorks Infrastructure Program is a competitive grant program that provides a robust and flexible source of capital funds for municipalities and other eligible public entities to complete public infrastructure projects that support and accelerate housing and job growth throughout the Commonwealth. For more information about the program, please visit: https://www.mass. gov/service-details/massworks-infrastructuregrants. continued on page 11

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Legislative Update continued from page 9

Commonwealth Launches Campaign to Reduce Stormwater Pollution

A

ccording to a press release issued by the Massachusetts Department of Environmental Protection (MassDEP), the agency, in partnership with the Statewide Stormwater Coalition, has launched a new stormwater awareness campaign to help Massachusetts cities and towns comply with new federal stormwater management requirements. The public awareness campaign, “Think Blue Massachusetts,” is designed to generate awareness among businesses and residents of the effects of stormwater pollution on waterways and wetlands and encourage people to do their part to reduce pollution from stormwater runoff. The campaign was developed by the Statewide Stormwater Coalition with a grant from MassDEP and will help 260 communities in Massachusetts meet new federal requirements for stormwater management. The new permit, called the Municipal Separate Storm Sewer System (MS4) permit, requires cities and towns to implement a host of stormwater pollution prevention efforts, including public educational activities and outreach to targeted audiences.

Stormwater runoff occurs when rain or snow-melt travels along roadways and parking lots and picks up contaminants on its way to local rivers, streams, and groundwater sources. Contaminants – such as fertilizer,

trash, oils, gasoline, solvents, pollen, and pet waste – is washed into catch basins and into our stormwater systems and eventually discharged into the environment.

The new requirements in the MS4 permits will reduce the overall amount of stormwater runoff entering the Commonwealth’s water resources.

Material available on the Think Blue Massachusetts website, www.thinkbluemassachusetts.org, includes customizable flyers and posters for community events, and also includes videos that can be put on a community’s social media and public access channel for viewing. The website also includes a webinar for local officials on how to document the use of the material in their annual reporting requirements. The Think Blue campaign, its work and the related MS4 outreach is funded by MassDEP’s MS4 Municipal Assistance Grant Program.

The Statewide Stormwater Coalition is comprised of members from the 10 regional coalitions across the Commonwealth. In total, 136 cities and towns are part of the Statewide Stormwater Coalition and contributed to the Think Blue Massachusetts campaign.

continued on page 13

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Legislative Update continued from page 11

2018 Election Results

W

hile there was significant interest and turnout for this year’s election, the results in Massachusetts went as expected. Governor Charlie Baker and Lieutenant Governor Karyn Polito were easily elected to another term. Governor Baker won about 67 percent of the vote, while his opponent, Democrat Jay Gonzalez, received 33 percent of the vote. All other incumbent Constitutional Officers also handily won re-election, including Attorney General Maura Healey, State Treasurer Deb Goldberg, Secretary of State Bill Galvin, and State Auditor Suzanne Bump.

In the State Legislature, only two incumbents were defeated. State Representative Jim Lyons of Andover and State Senator Richard Ross of Wrentham. However, there will be several new members of the Legislature, as several current legislators did not seek re-election. There will also be several changes in Legislative leadership as both the House and Senate Ways and Means Chairmanships will be vacant.

UCANE will continue to monitor the changes as these appointments will have an effect on our Association’s legislative agenda.

At the federal level, Senator Elizabeth Warren won her re-election bid over State Rep. Geoff Diehl.

Lori Trahan won the 3rd District Congressional seat being vacated by Rep. Niki Tsongas. And Ayanna Pressley of Boston was officially elected to the 7th District Congressional seat, running unopposed in the general election after defeating incumbent Rep. Mike Capuano in the primary. All other members of the Congressional delegation won re-election. Also, as predicted, Democrats regained control of the House of Representatives. This means that Rep. Richard Neal from Springfield is slated to become House Ways and Means Chairman, while Rep. Jim McGovern from Worcester is in line to be appointed Chairman of the Rules committee. All other members of the House delegation will see their influence increase as well. It remains to be seen how this will impact the likelihood of a large infrastructure bill being passed during the next session. UCANE will continue to work with the Clean Water Construction Coalition (CWCC) for the passage of an infrastructure bill that includes additional funding for the Clean Water and Drinking Water SRF programs. continued on page 15

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Legislative Update continued from page 13

MassCEC Releases Study on Water Technology Demonstration Centers

T

he Massachusetts Clean Energy Center (MassCEC) recently released a report from its consultant, Woodard & Curran, evaluating the feasibility of developing a network of Water Technology Demonstration Centers in Massachusetts. The report presents the findings at each of the three locations which expressed an interest in potentially hosting a demonstration center: The Massachusetts Alternative Septic System Test Center (MASSTC) in Barnstable County; the Wastewater Pilot Plant at University of Massachusetts Amherst campus; and a Pilot Plant located at the Massachusetts Water Resources Authority’s (MWRA) Deer Island Treatment Plant (DITP).

According to MassCEC, the feasibility studies conducted at potential demonstration centers will support the development of: water technology and demonstration sites; specific water technology demonstrations; and streamlined technology and commercialization readiness activities. The project is in connection to Water Innovation Trust that was established through the passage of the Environmental Bond Bill in 2014 as a vehicle to be held and administered by MassCEC to develop the water technology industry in the Commonwealth.

Establishing this network of Water Technology Demonstration Centers could create jobs, lower energy costs, and optimize municipal operations in addition to supporting water technology research.

A successfully established test bed network could serve existing Massachusetts-based water technology companies, help attract new companies to the Commonwealth, advance new solutions to both local and global water challenges, and provide a strong foundation for innovation.

The three particular sites that indicated their interest in being a possible demonstration center were studied through a myriad of filters related to location,

construction or retrofit costs, and a wide variety of other factors. Specifically, information about the considered sites can be found at the following locations: • MASSTC, www.masstc.org/, in Barnstable County on Cape Cod is currently operational. The feasibility study assessed the facility’s potential for an increase in septic system technology testing and larger wastewater flows. The study primarily investigated the sustainability and personnel of the testing center; • The UMass Amherst Wastewater Pilot Plant, www. umass.edu/winsss/welcome-winsss, in Amherst, MA is capable of testing many kinds of wastewater treatment technologies and is interested in promoting collaboration between student and faculty research and innovation in the industry. The feasibility study provided insight for a new wastewater testing building as well as retrofitting for the existing infrastructure; and • MWRA Deer Island Pilot Plant, www.mwra.state. ma.us/03sewer/html/sewditp.htm, which has been offline since approximately 2001, was included as part of the feasibility study to gain insight on potential facility improvements regarding operations and efficacy and the capital necessary for such improvements.

MassCEC is a quasi-public economic development agency dedicated to growing the state’s clean energy economy while helping to meet the Commonwealth’s clean energy, climate and economic development goals.

MassCEC works to increase the adoption of clean energy while driving down costs and delivering financial, environmental, and economic development benefits to energy users and utility customers across the state.

To read the MassCEC feasibility report, please visit: https://files-cdn.masscec.com/2018.10.11%20 Feasibility%20Study.pdf n

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Construction & Public Contracts Group, Hinckley Allen, LLP

Christopher Morog Partner

Robert T. Ferguson Partner

Shifting the Risks of Differing Site Conditions on Massachusetts Public Works Projects ​ or many years, awarding authorities have attempted to shift the risks of differing site F conditions on public works products onto contractors. This issue continues to arise, albeit in various shapes and forms. One UCANE member recently voiced concerns over specifications that disclaimed the accuracy of utility locations on the drawings and stated that the contractor was responsible to coordinate locations with the utility companies prior to excavating. Can the awarding authorities do this on public works projects?

What steps can contractors take to address these types of issues at the outset?

F

irst, contractors can take some comfort in knowing that they should not solely bear the risks of differing site conditions. On this issue, the Legislature spoke when it enacted the Differing Site Conditions Statute (M.G.L. c. 30, § 39N) and required awarding authorities to include the language of the statute in their public works contracts. In short, Section 39N grants contractors the right to an equitable adjustment upon the discovery of “actual subsurface or latent physical conditions encountered at the site” that “differ substantially or materially from those shown on the plans or indicated in the contract documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and contract drawings.”

In those cases, contractors have a statutory right to seek an equitable adjustment to account for any increase in the cost of performance of the work. ​As Massachusetts courts have recognized, the purposes of Section 39N are twofold: (1) “to remove unknown risks from the competitive bidding process” so that a public awarding authority can “obtain bid prices stripped of amounts incorporated by bidders to cover the risk” of differing site conditions; and (2)

NOVEMBER, 2018

to assure contractors that “they will be compensated for subsurface or latent site conditions that impose greater costs than reflected in the bid documents.”

As a result, there is authority to support the notion that contract language that conflicts with statutory rights – including contractors’ statutory rights under Section 39N – is not enforceable: “to the extent there may be conflict between the expressed contract and the statutorily required provision, the required provision controls.” And as the Superior Court once noted, “attempts to whittle down or cut back a changed continued on page 19

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Legal Corner continued from page 17 conditions clause are very limited and disfavored.” In addition, there is also authority recognizing that contractors are not required to perform their own subsurface investigations. Not only would this run contrary to the purpose of Section 39N, it would be commercially impracticable for most – if not all – contractors. ​Therefore, when confronted with disclaimer language attempting to shift the risk of differing site conditions on public works projects, contractors should know that they have several compelling arguments on their side. Undoubtedly, awarding authorities will invoke the Appeals Court’s 2015 decision in Celco Construction Corp. v. Town of Avon, 87 Mass. App. Ct. 132, 134 (2015) (“Celco”). But depending on the facts of a given case, there may well be a basis to distinguish the result in that case. Notably, in Celco, the awarding authority made clear that the estimated quantities were for “bid comparison” purposes and that the estimated quantities were “indeterminate.”

​So what should contractors do when facing disclaimer language in bid documents? Certainly, examine the bid documents carefully to determine what the awarding authority is representing (if anything) when it comes to differing site con-

ditions. The bid documents may reveal the extent of the awarding authority’s knowledge of subsurface conditions. Also consider submitting a pre-bid question. While there is no one-size-fits-all approach, contractors may consider asking the awarding authority in no uncertain terms whether it is intending to shift the risk of unforeseen site conditions onto the contractor in violation of M.G.L. c. 30, § 39N. Alternatively, contractors may simply ask the awarding authority to clarify its intent with respect to a particular disclaimer provision. Regardless of the answer, when encountering differing site conditions on the job, contractors must be sure to strictly comply with the requirements of the statute and any applicable notice and claims submissions provisions of the contract. Assuming valid notice and actual differing site conditions under the statute, contractors will have authorities in their favor to strongly advocate for appropriate recovery. n

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We know you face many risks above and below ground.

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UCANE’s Annual Christmas Party & Scholarship Auction Wednesday Evening December 5, 2018 5:00 p.m.

The Lantana

43 Scanlon Drive Randolph, MA Our members’ commitment to our Scholarship Program begins when our Association holds its Annual Christmas Party and Scholarship Auction. It is through the generosity of members who donate cash and auction items, and those who attend and bid for items that money is raised for our scholarships... all this to make certain that our Scholarship Program continues.

HDSWC_UCANE Ad_6.74x9.375_OL.pdf

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4/25/18

3:13 PM

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Sandwich Voters OK Surcharge for Water Fund SANDWICH — Voters approved a new fund Saturday (Nov. 4) to help tackle their share of water quality problems. It took special town meeting roughly three hours to take up the 11-article warrant, with the bulk of debate centered around a proposed water infrastructure investment fund or WIIF. The measure will help finance long-term solutions to address the town’s ailing ponds and estuaries.

A

s with most Cape towns, the poor water quality is a result of too much nitrogen in the water. The fund works by collecting a 2 percent surcharge on property taxes to pay for and implement the town’s Comprehensive Water Resources Management Plan, a multipronged approach to resolving the town’s rampant water quality problems. The plan, if followed, would be complete in the next half-century, according to town officials.

Sandwich is facing costs of up to $86 million over the next 25 years related to wastewater, stormwater and drinking water obligations, according to town estimates. Officials touted the fund, which is enabled by a new provision in state law, as a way of paying that bill and financing the implementation of the first of three phases of work spelled out in the town’s management plan.

If passed as a ballot question in May, Sandwich would be the first town in the state to take advantage of the new state law. The 2 percent surcharge will go into effect for fiscal year 2021, which begins July 1, 2020.

Because Sandwich’s watersheds flow into parts of Barnstable, Mashpee and Falmouth, officials worry that legal action from organizations such as the

NOVEMBER, SEPTEMBER,2018 2016

Conservation Law Foundation, which had already challenged the expansion of the Cape Cod Canal power plant, could compel the town to pay even more for water quality solutions if it doesn’t come up with its own.

In addition, the investment fund will help replace and upgrade the aging septic systems at the Forestdale School, Oak Ridge School and Sandwich High School, according to David Sampson, chairman of the Board of Selectmen.

One resident, Stephen Barr, voiced concern over the rise in taxes. continued on page 21

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OCTOBER, 2017

Cape Cod continued from page 23 “The residents of Sandwich do not have a lot of extra money,” Barr said. “They are tapped out.”

There was additional concern that the management plan proposes to sewer only 25 percent of the town.

“Will the same generosity be shown to the rest of us when our septic systems fail — because they will fail — and the answer is no,” said resident Robert Prol. “It’s a financial drain on our taxes.”

Any funds used for infrastructure projects in the future as laid out in the plan would have to be voted on at town meetings.

Chase Terrio agreed something has to be done to address the water pollution issues in the town, but said this might not be the right plan.

the people and ask them to rise to the challenge and fund it and not to take an existing fund that has been overwhelmingly successful,” said Patrick Ellis before the vote. “It has contributed so much to what we count here for our quality of life.”

Article 9, which sought to authorize $145,000 for the purchase of a 2.9-acre parcel of land at 12 Chase Road for for conservation, failed 96-95.

The purchase would have been made using Community Preservation Act money and the land would have gone under the care and control of the Conservation Commission.

The Finance Committee was against Article 9, saying it worried about available funds in the future, said Mark Snyder, committee chairman.

“We wanted to be cautious about spending large amounts of money,” he said.

Terrio made a motion to continue review of the plan, but the motion failed.

Voters did approve a CPA project to preserve specific archival records.

Article 2 proposed reducing the surcharge associated with the town’s Community Preservation Act from 3 percent to 2 percent to offset the water-related surcharge proposed at town meeting. That article was approved 187-89.

In addition, the town voted to appropriate $260,000 from the Ambulance Fund to purchase an ambulance and related supplies and equipment for the Fire Department.

“If we want sewer in Sandwich we should go to

By Beth Treffeisen. Reprinted from the Cape Cod Times. n

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How to Become More Successful at Funding Water Infrastructure Prioritizing and funding pressing infrastructure needs can be challenging for water treatment and wastewater treatment plants (WTPs/WWTPs) of any size. The problems are particularly stressful for smaller utilities where a thin layer of upper management staff wears an inordinate number of hats. The good news is that funding assistance does exist — if you know where to look for it and take the right steps to apply for it.

New Challenges Call For New Strategies When utilities face challenges beyond their normal scope of operations — major emergency repairs to aging infrastructure, forced source water changes, emerging environmental concerns, or new regulatory demands — grants can be an important way to fund urgently needed improvements.

Multiple government website resources are available to provide WTP/WWTP operators with guidance on identifying funding resources and on how to capitalize on those resources for water utility projects.

They include the U.S. EPA Water Finance Clearinghouse, the EPA Water Infrastructure and Resiliency Finance Center, the EPA Effective Funding Frameworks For Water Infrastructure, the U.S. Department of Agriculture (USDA) Rural Development Program, and the Grants.gov Learning Center.

If your utility is one that has struggled with grant applications in the past, a new guide — Municipal Grants for Water and Wastewater Systems: Everything you should know but never got around to asking — can also provide valuable perspective. It describes various categories of grants to provide insight on which types might be most appropriate for your organization to pursue. It also identifies major government resources for grant funding, economic development funding, and disaster recovery programs, along with case studies of grants in action.

The Opportunities Might Be Greater Than You Imagined If your utility tends to shy away from grant applications because “They’re just too hard to win” or because “We just don’t know how to do it,” reconsider just how many financing opportunities there are. These include both annual funding programs and project-specific

NOVEMBER, 2018

funding-assistance opportunities — some as grants and others as low-interest loans. Monitor opportunities communicated through industry publications, industry associations, government notices, or your own online research to identify opportunities that are particularly well-suited to your utility needs. Here are several online resources you can bookmark to track upcoming opportunities and deadlines: • Beta.SAM.gov (formerly CFDA.gov) is the new official U.S. government website for federal assistance opportunities. It lists multiple water-treatment-related grant resources and has an interactive feature for identifying water-specific grant opportunities.

• The EPA website also provides a variety of financial assistance for Sustainable Water Infrastructure. The EPA Drinking Water State Revolving Fund (established to support the Safe Water Drinking Act [SWDA]) and the EPA Clean Water State Revolving Fund (for wastewater treatment and other environmental protection projects) are two well-known examples.

• USDA Rural Utilities Service Water and Environmental Programs (WEP) provide grants, loans, continued on page 28

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27

Funding continued from page 27 loan guarantees, and technical assistance for a variety of water utility projects in communities of 10,000 or fewer people.

The Keys To Success When it comes to grant applications, life offers no guarantees, because the sources of funding and the competition for them can be tight. Good preparation is an essential first step toward success.

• Do Your Homework. The opportunities are out there. Make it a habit for someone within your organization to record future grant opportunities as you become aware of them. Then, when specific physical needs arise within your plant, be prepared to match those needs to the appropriate funding opportunities.

Another area to do your homework is in the practice of writing the applications. If you do not have an experienced grant writer on staff, you might have to decide between engaging an experienced grant writer on a contract basis or having someone within your organization take on the role of learning from the online educational resources cited above.

• Identify A Good Match. Don’t invest time in lowpotential applications. If your project does not match the criteria of a specific grant description, or if you simply do not have the appropriate information to do a thorough job on the application, save your time and energy for another grant opportunity where you’ll have a greater chance for success.

description, incomplete supporting documentation, an inaccurate address, or a late submission date torpedo your efforts. Know the rules for each grant submission and follow them to the best of your ability.

Written by Pete Antoniewicz. This article was originally published on Water Online (www.wateronline.com). n

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IMPORTANT NOTICE TO UCANE MEMBERS

rojects financed with Clean Water State Revolving Fund loans have, for the past several years, been required to use American Iron and Steel (AIS) in their construction. “The AIS provision requires Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) assistance recipients to use iron and steel products that are produced in the United States. This requirement applies to projects for the construction, alteration, maintenance, or repair of a public water system or treatment works.” – USEPA SRF website.

Congress and the Administration have recently reinforced their support for the AIS requirement by passing America’s Water Infrastructure Act of 2018, which includes the AIS provision for Drinking Water SRF-financed projects. Taxpayer dollars are being used for these water infrastructure projects and it is the intent of Congress and the President, that those dollars also support the U.S. iron and steel industries.

Since the AIS provision is embedded in the law, it is certain to stay in place for some time to come.

An expectation of the state SRF programs is that they will be required to maintain and increase

vigilance in overseeing compliance with the AIS requirement. The following steps should insure that the AIS process runs smoothly: •

Contract specifications should include the AIS requirements and identify potentially subject items;

•

Contractors should inform their suppliers of the AIS requirements and not accept delivery of non-certified items;

•

Resident engineers should review manifests and certifications.

AIS waivers are possible to obtain, but only in rare circumstances. EPA’s website on AIS can be accessed here: https://www.epa.gov/cwsrf/state-revolving-fund-american-iron-and-steel-ais-requirement.

Project owners, their agents and contractors all have roles to play to insure that the AIS rules are followed, and there are possible financial consequences to those that skirt those responsibilities.

Team efforts (owner-consultant-contractor) to understand and follow the AIS requirements will minimize oversights and mistakes, to the benefit all of the participating parties. n

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“Imagine A Day Without Water” Campaign: October 10, 2018

It

can be easy to forget that some issues we all care about cut across political and geographic lines. Constituents may have different opinions on health care and tax reform, but when it comes to our daily lives, voters have a lot in common. They get up in the morning and brush their teeth, use the bathroom, and make coffee. They shower, do their laundry, and wash the dishes. But none of which would be possible without safe and reliable water infrastructure.

If you’ve never experienced it before, it’s hard to imagine a day without water. Most citizens recognize that water is essential to our quality of life. In fact, the vast majority of Americans, across parties and regions, want the government to invest in our water infrastructure.

The data shows 88 percent of Americans support increasing investment to rebuild water infrastructure.

Renewed investment in our water infrastructure isn't only about avoiding a day without water for personal use. A day without water would mean havoc for businesses and our economy too. Basically, every business is a water reliant business in one way or another. According to the Value of Water Campaign’s report on The Economic Benefits of Investing in Water Infrastructure, a one-day disruption in water services at a

NOVEMBER, 2018

national level would result in a $43.5 billion daily sales loss to businesses.

Massachusetts is facing a $20 billion water infrastructure-funding deficit over the next 20 years. Failure to address it will put our health, safety, economy, and environment at risk.

October 10, 2018 was Imagine a Day Without Water, a national day of action to raise awareness about the value of water. No matter what the cause, a day without water is a public health and environmental crisis. That is why we joined with hundreds of groups across the country for Imagine a Day Without Water to educate our communities on the value of water. No community can thrive without water, and every American deserves safe, reliable, accessible water services. Let's invest in our water systems now, so no American ever has to imagine a day – or live a day – without water again. n

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Late October brings a few certainties in New England. The leaves will change color, the Red Sox will be making a deep playoff run (and this year winning the MLB World Series), and UCANE members will eagerly be anticipating another “Over-the-Top” extravaganza and theme-based Banquet. Each year members, their families, and guests join together to celebrate another successful construction season. They also take this occasion to honor our Contractor and Associate Member of the Year Recipients.

UCANE’s 64th Annual Banquet, which was once again held at the Newton Marriott Hotel, exceeded all expectations! The more than 600 guests in attendance were treated to a night filled with great food, fun, and music with this year’s theme being “The Magic of Motown.”

NOVEMBER, 2018

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Banquet continued from page 33

M

any guests arrived early, anxious to begin the evening’s festivities. They were directed to the Commonwealth Ballroom for a Social Hour, where attendees enjoyed an abundance of food and drink options, including a Hot and Cold Seafood Bar, a “Motown” Martini Bar, “Smokey” Seafood Station, and “Four Tops” Tuscan Bar, all adding to the theme of the evening. Following the Social Hour, guests made their way to the Grand Ballroom, where the evening’s awards program and festivities were about to begin.

Each year, the UCANE’s staff selects a unique and celebratory theme for the evening and decorates the ballroom to create a visual excitement that they hope will be both memorable and awe-inspiring. As our band played a medley of hit songs, on cue, the doors to the ballroom were simultaneously opened and our attendees were treated to a visual experience they will remember for a longtime. As if transformed into a place and time they’d never seen before, the Ballroom was decorated in a white, navy blue, and silver color scheme with each table covered in different floor-length cloths. The chairs were also covered in white with blue and white striped bows.

On each table there were high and low vases, each with an array of all white flowers, which added to the ballroom’s overall decor. Blue up-lighting on the walls and behind the stage created an atmosphere of warmth around the room. The dance floor was transformed into a visual rain storm with a large number of sequined umbrellas hung upside-down from the ceiling, with strands of electrified crystal, creating the illusion of rain and boltsof-lightning. The reaction to this unbelievable decorative creation was loud and sustained, but eventually all were seated and an announcement was made that the program was about to begin.

After welcoming remarks from UCANE President Richard Pacella, Jr., Assistant Executive Director Jeff Mahoney officially began the evening’s program by introducing UCANE’s Officers and Board Members who were in attendance. Jeff then introduced UCANE Executive Director Anne Klayman. She welcomed attendees and reminded everyone of UCANE’s mission and how the recognition and respect UCANE receives from every local, state, and federal agency we work with did not happen overnight.

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She said it happened over a period of 64 years, because our Association worked with our elected officials to create funding mechanisms to help local cities and towns build a drinking water and wastewater infrastructure that they so desperately needed. It is also because our members were committed to making difficult decisions that were best for our industry as a whole, not necessarily for themselves individually.

Anne then began the awards ceremony, where UCANE honors our Contractor and Associate Member of the Year recipients. These awards are presented in recognition of our member’s involvement in UCANE and their support of our industry. She also noted that this year’s award recipients epitomized the high-quality of individuals who make up UCANE, and also that they were completely unaware that they were about to be honored.

The 2018 Associate Member of the Year award was presented to Fred Rogers of Scrap-It, Inc./Minichiello Bros., Inc., and the 2018 Contractor Member of the Year award was presented to UCANE Past-President Paul Scenna of Albanese D&S, Inc. Their families joined the recipients, much to their surprise, as they received their awards. You can read more about these very deserving recipients on pages 56 & 59.

Anne then thanked the over 150 companies whose sponsorship made the evening another record-setting success.

While they were too numerous to mention, she did want to specifically thank some of the major sponsors: J. Derenzo Company (Hot Seafood Bar); Concrete Systems, Inc. (Cold Seafood Bar); Dagle Electrical Construction Corp. (Photo Booths); Badger Daylighting and Core & Main (Martini Bar); Barletta Heavy Division, GTA Co., continued on page 37

NOVEMBER, 2018

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Banquet continued from page 35 Inc., GVC Construction, Inc., United Concrete Products, and Xylem Dewatering Solutions Inc. (Entertainment); A. R. Belli, Inc., Hinckley Allen, LLP, LM Heavy Civil Const., LLP, McCourt Constrution Company, Ritchie Brothers Auctioneers, Shea Concrete Products, and Travelers (Band); Aggregate Industries-N. E. Region, C.C. Construction, Inc., Gagliarducci Const., Inc. Garrity Asphalt Reclaiming, Inc., MDR Construction Co., Inc., Robert B. Our Co., Inc., Scrap-It, Inc./Minichiello Bros., Inc., and Taylor Oil Company (Sundae Bar); and Eastern States Insurance Agency, Inc. (Candy Buffet). A complete list of banquet sponsors can be found on pages 50 & 51.

Anne then took a moment to specifically thank UCANE’s major Banquet Hosts, and sponsors for the past 19 years, C.N. Wood Co., Inc. and Komatsu. It is largely because of them that our Banquet has become a never-to-be-missed event. Paula Benard, President of C. N. Wood Co., Inc., then took to the podium to address the crowd to reiterate their support of UCANE’s mission and our Banquet.

Upon the completion of the formal program, Anne let our guests know about the prizes that would be given away throughout the evening, and those who had attended before knew that meant they had to be on the dance floor to be eligible to win! The incredible prizes included a beautiful white sapphire and diamond bangle bracelet, a ladies 1 carat diamond cocktail ring, a chance to win more than $10 million with $250 in lottery tickets, a sterling and diamond contemporary necklace, a pair of beautiful diamond hoop earrings, a 43-inch Vizio Smart TV, and an Apple iWatch.

UCANE President Elect Marcella Albanese then gave the invocation, which was followed by the kickoff of the evening’s music and entertainment. Decades by DeZyne continued on page 39

NOVEMBER, 2018

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Banquet continued from page 37 returned as the featured band, having been so well received in 2017. They once again brought down the house, as it did not take long for guests to flood the dance floor and blow the roof off the Grand Ballroom. Eventually, the band took a well-deserved break, but the entertainment did not slow down. Ms. Gino Walker took to the stage to perform her tribute to the “Queen of Soul” herself, Aretha Franklin. Ms. Walker has performed with some of the biggest singing groups in the business and has appeared at Caesar’s Palace and the MGM Grand Casino in Las Vegas. She certainly won the R-E-S-P-E-C-T of the crowd, as her high-energy tribute to Aretha was one of the highlights of the evening!

Along with the top-notch entertainment, the night was filled with delicious food served throughout the evening, topped off by the Gourmet Ice Cream Sundae Bar and Coffee Carts, our ever-popular Candy Buffet, the ladies gifts, prizes and surprises, and the hundreds of light up giveaways.

UCANE’s 64nd Annual Banquet was once again a successful event. But what is most important about the evening is that we took the time to recognize who we are, to honor two deserving members, and to celebrate with family, friends, and business associates for a 64th year.

As

All photos by Simply Beloved Photography.

NOVEMBER, 2018

always, the evening was made possible by the generosity of UCANE members. Therefore, UCANE would like to thank all of the companies that sponsored various segments of our Banquet. While this years’ festivities won’t be forgotten anytime soon, UCANE staff is wasting no time and has already begun planning for next year. We look forward to seeing you at UCANE’s Big 65th Annual Banquet!

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Lorusso Heavy Equipment LLC

Lorusso Heavy Equipment LLC 160 Elm Street • Walpole, MA 02081 Phone: 508-660-7600 • Fax: 508-660-7614 www.lhequip.com 48

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NOVEMBER, 2018

Hot Seafood Bar J. Derenzo Company Cold Seafood Bar Concrete Systems, Inc. Photo Booths Dagle Electrical Const. Corp.

Martini Bar Badger Daylighting Core & Main Entertainment Barletta Heavy Division GTA Co., Inc. GVC Construction, Inc. United Concrete Products Xylem Dewatering Solutions Inc. Candy Buffet Eastern States Insurance Agency, Inc. Band A. R. Belli, Inc. Hinckley Allen, LLP LM Heavy Civil Const., LLP McCourt Const. Company Ritchie Brothers Auctioneers Shea Concrete Products Travelers Sundae Bar Aggregate Industries - N.E. Region C.C. Construction, Inc. Gagliarducci Const., Inc. Garrity Asphalt Reclaiming, Inc. MDR Construction Co., Inc. Robert B. Our Co., Inc. 50

Scrap-It, Inc./Minichiello Bros., Inc. Taylor Oil Company Invited Guests Feeney Brothers Utility Services Milton CAT Daniel O'Connell's Sons, Inc. Decorations Jay Cashman, Inc. LM Heavy Civil Const., LLC Pawtucket Hot-Mix Asphalt Sunbelt Rentals Travelers United Rentals Fluid Solutions U.S. Pipe Fabrication Program Book Sponsor Tonry Insurance Group, Inc. Program Book Advertisers Albanese D&S, Inc. American Shoring Inc. Concrete Systems, Inc. C.C. Construction, Inc. Dagle Electrical Const. Corp.

J. Derenzo Co. GTA Co., Inc. P. Gioioso & Sons, Inc. IUOE-Local 4 Milton CAT Northeast Traffic Control Svcs., Inc. E. J. Prescott, Inc. Starkweather & Shepley Ins. Brokerage, Inc. United Rentals Trench Safety C. N. Wood Co., Inc. & Komatsu

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NOVEMBER, 2018

Aqua Line Utility, Inc. Centerpieces Benevento Companies CleanBasins, Inc. Jay Cashman, Inc. J. D’Amico, Inc. The Dow Company, Inc. DeSanctis Insurance Agency, Inc. T. L. Edwards, Inc. Ferguson Waterworks W. L. French Excavating Corp. HUB International New England K & K Excavation Co., Inc. HD Supply Const. & Industrial Lorusso Heavy Equipment, LLC AH Harris/White Cap Putnam Pipe Corp.

Lorusso Heavy Equipment, LLC RFS Corp.

Ludlow Construction Co., Inc. Rapid Flow, Inc./ McWane Ductile Rain for Rent - New England Vacuum Excavation, Inc. Rapid Flow, Inc./ The Scituate Companies Vacuum Excavation, Inc. Social Hour Ricciardi Bros., Inc. Allied Bolt & Screw Corp.

SPS New England, Inc. Dennis K. Burke, Inc. Skanska USA Civil C&S Insurance Agency Starkweather & Shepley Cullen, Murphy & Co., P.C. Insurance Brokerage, Inc. Darmody, Merlino & W. Walsh Company, Inc. Co., LLP (CPA) WES Construction Corp.

EJ F. W. Webb Company Gorilla Hydraulic Breakers Tim Zanelli Excavating LLC Griffin Dewatering Ladies’ Gifts New England Corp.

Albanese Brothers, Inc. HD Supply Const. & Industrial Albanese D&S, Inc. AH Harris/White Cap Aon Construction Hilb New England Services Group Kistler & Knapp Builders Barker Steel, S. M. Lorusso & Sons, Inc. a Harris Rebar Co. McLaughlin Cheverolet Celco Construction Corp.

Ocean State Oil FED. CORP. Qualified Pension Services, Inc. S. M. Lorusso & Sons, Inc. RJV Construction Corp.

R. M. Pacella, Inc. Rapid Flow, Inc./ Ritchie Brothers Auctioneers Vacuum Excavation, Inc. Travelers Schmidt Equipment, Inc. R. H. White Travelers Construction Co., Inc. USI Insurance Services, LLC Prizes & Surprises United Rentals Trench Safety ATS Equipment, Inc. Walsh Contracting Corp.

NOVEMBER, 2018

Party Favors Biszko Contracting Corp.

P. Caliacco Corp.

DeSanctis Insurance Agency, Inc. Eastpoint Lasers, LLC GZA GeoEnvironmental, Inc. I. W. Harding Const. Co., Inc. Iron Haulers, LLC Lorusso Corporation Marois Brothers, Inc. Milton CAT Minuteman Trucks, Inc. J. A. Polito & Sons, Inc. R. Zoppo Corp.

Plaques Exit Strategies Group, LLC Lawrence-Lynch Corp.

Metro Equipment Corporation Milton CAT Northeast Traffic Control Services., Inc. Podgurski Corp.

Umbro & Sons Const. Corp.

The Zanelli Enterprise, Inc. Presentation Bouquets Advantage Petroleum, Inc. A. F. Amorello & Sons, Inc. C.J.P. & Sons Const. Co., Inc. James J. Dowd & Sons Ins. Agency, Inc. Eastern Insurance Group, LLC L. Guerini Group Inc. KJS, LLC P. A. Landers, Inc. H. R. Prescott, Inc. Rain for Rent - New England Twelve Points Retirement Advisors Zurich Surety

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UCANE’s 64th ANNUAl BANqUEt • 10.27.18

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UCANE’s 64th ANNUAl BANqUEt • 10.27.18

Maria and Paul Scenna with their children Isabella, Paul, Jr., and Alessandra

56

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NOVEMBER, 2018

U

CANE’s Contractor Member of the Year Award is the highest honor bestowed on a member by their peers. Previous recipients are some of the most respected men and women who continue, year after year, to work for the betterment of our industry. They each represent the high standard of business excellence that our Association has come to expect, and this year’s recipient fits this high standard perfectly.

This year, our members voted Paul Scenna of Albanese D&S, Inc. as our Contractor Member of the Year.

Paul grew up in Everett, MA, and is the second of three sons whose parents immigrated to the United States in the 1950s from Abbruzzo, Italy, to make a better life for their children. His parents taught him that hard work, a good education, and a strong work ethic were paramount to succeed in life.

In 2001, he received a Bachelor of Science degree from Merrimac College, and in 2006 he received a Masters Degree in Business Administration from Suffolk University.

Paul later worked as a co-op engineer for Weston & Sampson engineers and at Modern Continental/Obayashi on the Big Dig

NOVEMBER, 2018

Project. His first job out of college was with Malcom Pirnie, and he later joined UCANE member MDR Construction Co., Inc., where he was introduced to UCANE. In 2004, he went to work for Albanese D&S, Inc., one of UCANE’s most well-known and extremely successful utility construction companies, where he has moved up to company Vice President.

After attending various committee meetings and getting to know other UCANE members, Paul volunteered to serve on our Board of Directors with the blessing of Albanese D&S owners, Giovanni Albanese and Andrea Ciano.

After serving on our board, Paul rose up through the ranks from Secretary, to Treasurer, to President Elect; and in 2016 he was elected President of UCANE. He utilized his construction experience and communication skills to advocate for underground utility contractors both in Washington, D.C. and on Beacon Hill.

To further the surprise for him Paul’s children, parents, brothers, and in-laws were in attendance to see him receive this prestigious award.

It was a great pleasure to present UCANE’s 2018 Contractor Member of the Year Award to Paul Scenna, and we look forward to his continued dedication and support of our Association.

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NOVEMBER, 2018

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CANE’s Associate members are the businessmen and women who sell and service machinery, supply materials, and also finance, bond, insure, litigate, and support our contracting companies, and we are very fortunate to have some of the best and well respected companies in our industry as members.

Fred was born in Worcester, MA, and was raised by his grandparents. When he was a young boy he would get up at the crack of dawn and put in long hard days at his grandfather’s scrap metal yard.

He learned everything about the business from his grandfather, as well as the value of having a good work ethic.

After graduating high school, he drove everything from trailer dumps to tractor-trailers for approximately 10 years, and always rose up through the ranks to either dispatcher or manager positions.

Fred has said that his life really began when he met his wife Robin. After their two children, Mitchell and Shannon were born, he opened his own scrap metal business, which was the start of his successful journey. After building up the business, he sold it and went to work for another company, where Fred always says, “he found a place to call home.”

Knowing his background and experience with scrap metal, an old friend introduced him to Frank and Tanya Minichiello, owners of a company called Scrap-It. Our recipient was immediately hired, and within a few weeks, Fred was a solid member of the Scrap-It family, and the rest, as they say, is history.

Executive Director Anne Klayman stated “Fred and the Minichiello family are valued members of UCANE, and have been staunch supporters of our Association since they first joined.

Fred is a member of our Government Relations

NOVEMBER, 2018

Robin and Fred Rogers Committee, and can be found at almost all of our Board of Directors meetings, as well as our dinner meetings and special events.”

To make the evening more memorable for Fred, his son Mitchell and his wife Gabby, and his daughter Shannon and her husband Garrett were there to surprise him and share this great honor with him.

We were proud to present UCANE’s 2018 Associate Member of the Year Award to Fred Rogers, and we look forward to his ongoing support of our Association.

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NOVEMBER, 2018

OSHA Trade Release

U.S. Department of Labor Updates National Emphasis Program on Trenching and Excavation Safety

W

ASHINGTON, DC - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has updated the National Emphasis Program (NEP) on preventing trenching and excavation collapses in response to a recent spike in trenching fatalities.

OSHA's NEP will increase education and enforcement efforts while its inspectors will record trenching and excavation inspections in a national reporting system, and each area OSHA office will develop outreach programs.

"Removing workers from and helping workers identify trenching hazards is critical," said Deputy Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt. "OSHA will concentrate the full force of enforcement and compliance assistance resources to help ensure that employers are addressing these serious hazards."

The emphasis program began October 1, 2018, with a three-month period of education and

NOVEMBER, 2018

prevention outreach. During this period, OSHA will continue to respond to complaints, referrals, hospitalizations, and fatalities. Enforcement activities will begin after the outreach period and remain in effect until canceled. OSHA-approved State Plans are expected to have enforcement procedures that are at least as effective as those in this instruction.

OSHA has developed a series of compliance assistance resources to help keep workers safe from trenching and excavation hazards. The trenching and excavation webpage provides information on trenching hazards and solutions.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.

OSHA's role is to help ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov. n

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NOVEMBER, 2018

60 Seconds of Safety When people ask me the question “What do you do for a living?” I actually have two answers. The official answer is, I am the Corporate Safety Director for J. Derenzo Companies. However, and in reality, I truly feel I work in behavior management.

S

imply put, if you look at all of the “accidents” that occurred in your company over the past year, you will notice a common relationship among all of them. All of the accidents were behavioral problems! Now I know you may be asking yourself the question, “All accidents?” Well, let me put it this way: If the source of the problem is not employee behavior, there is usually a behavioral solution. For example, crime is not the problem – it is people’s behavior that creates what we refer to as crime. So if we can agree, at least as a theory, that employee behavior is the source of accidents/incidents or that improved decision making can solve most workplace incidents that arise, then we can respond by effectively changing employee behavior. In doing so, if we can frame safe behavior and decision making in a way that appeals to our employees, then we will forever change the course of safety in our company.

The truth about “Safety” is that even in the information age we live in, information is not enough.

If all we needed were ideas, positive thinking, and “Safety First” posters hanging on the jobsite fence, then we all would be living injury and incident free lives. What we do in life is determined by how we communicate with ourselves. This is why, before our employees engage in a work task, we ask them to take “60 Seconds of Safety” to think about what it is

NOVEMBER, 2018

that they are assigned to do, and ask themselves the following questions: • What job am I performing?

• What hazards exist?

• What tool am I using to perform the work?

• How do I protect myself and others?

Stopping to take just “60 Seconds of Safety” to ask themselves these four simple questions may just be the difference between an accident occurring or performing the work safely.

With the ever-present production schedule and excessive paperwork complaints of Foremen and Supervisors, I felt it would be best to “keep it simple, stupid.” Even when an employee has time to sit and listen or read a Job Hazard Analysis (JHA), his or her mind can accept only so much information in one steady flow. How long do you think an employee stands there continued on page 65

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NOVEMBER, 2018

Safety Corner continued from page 63 and pays attention to what someone is saying without letting their mind wander off to other things in their life?

Far too often I have sat in on daily job briefings where Foremen read from a prepared script (JHA) in front of their crew with little or no interaction. To mitigate hazards and plan the safest way to approach a task, the employee needs to be consciously engaged in communicating with themselves on identifying what hazards exists and how to protect themselves.

Taking “60 Seconds of Safety” to identify physical hazards, existing conditions, and equipment that may create exposure risks, is critical to an employee’s personal safety, along with their co-workers.

“60 Seconds of Safety” is always applicable, regardless of the task the employee is performing. It is a basic tool that will always be in the worker’s toolbox, no matter where they are on the job site. Once mastered, it will become second nature and create a whole new employee mindset. Rather than workers being told what to do from the Safety Manager, they will be proud to explain their “60 Seconds of Safety” and how they are going to perform the work safely.

Written by Patrick W. Saltmarsh, CHST, CFI-II Corporate Safety Director, J. Derenzo Companies. n

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NOVEMBER, 2018

IN THIS ISSUE • • • • • •

John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

Year-End Planning Under the New Tax Law Sizing Up the Standard Deduction Year-End Tax Planning for Charitable Donations Year-End Tax Planning for Investors Year-End Retirement Tax Planning Year-End Business Tax Planning

Year-End Planning Under the New Tax Law

T

he Tax Cuts and Jobs Act of 2017 (TCJA), passed at the end of last year, generally took effect in 2018. Therefore, the fourth quarter of this year provides the first real opportunity for year-end planning under what has been called the most important tax law passed in more than 30 years.

Broadly, the TCJA lowered income tax rates for individuals and for businesses. As you’ll read in this article, the standard deduction has been substantially increased, but many deductions have been trimmed or eliminated, and some innovative tax beneits have been introduced.

Still, much of the tax code remains the same, and so does year-end planning. Retirement plans are largely unchanged. Business equipment purchases still qualify for favorable tax treatment, although the exclusion amount has doubled (a big tax break), and the federal estate tax is still combined with the gift tax. The articles will provide tips for blending new tax-saving opportunities with old, reliable strategies.

NOVEMBER, 2018

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Sizing Up the Standard Deduction

nder the new, as well as prior, tax law, taxpayers can either take a standard deduction or itemize deductions on Schedule A of IRS Form 1040. Typically, tax preparation involves comparing the total of itemized deductions with the standard deduction and choosing the larger amount.

Most people have used the standard deduction and that probably will continue to be true, even more so for 2018 returns. If you plan to use the standard deduction, you can bypass planning for items on Schedule A and move on to other areas.

Larger and Smaller

One reason that the standard deduction likely will be more widely used is the increase under the TCJA. In 2018, the standard deduction is $12,000 for single taxpayers and married individuals filing separately (up from $6,350 in 2017), $24,000 for couples filing jointly (up from $12,700), and $18,000 for heads of household (up from $9,350).

Unmarried individuals who are not surviving spouses and who are 65 or older can add $1,600 to the preceding numbers. This amount is reduced to $1,300 per continued on page 69

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Client Bulletin Financial Management continued from page 67

TheySmart could move some deductible outlays into 2018 tax, business and planning ideas from your Tru or defer some expenses into 2019 in order to itemize deductions in one of the two years. If you are on the borderline between itemizing or taking the standard deduction in 2018, your accountant can help you make tax-effective decisions at year-end. continued on page 70 Broadly, the TC rates for individ As you’ll read i Client Bulletin, has been subs many deductio or eliminated, a beneits have b

married taxpayer. The same additions to the standard deduction also apply to those who are blind.

The other reason for increased focus on the standard deduction is the reduction in potential itemized deductions. State and local tax deductions now are capped at $10,000 ($5,000 for married individuals filing separately). Miscellaneous itemized deductions, such as unreimbursed employee business expenses and tax preparation fees can no longer be deducted; the same is true for the interest paid on home equity debt that is not used to buy, build, or substantially improve the home that secures the loan. Other cutbacks also apply.

Boston Area The bottom line is that the 2018 standard deducLocations tion has a greater chance of exceeding your 2018 itemized deductions.

2 Dexter Street Everett, MA 02149 Example: Paul and Diane Boston Area Boston TheArea Tax Cuts and Jobs Act of 2017 (TCJA), Brown have always itemized deLocations Locations 431 Second passedStreet at the end of last year, generally ductions on Schedule A, largely tookMA effect in 2018. Therefore, the fourth Everett, 02149 due to the amounts they pay in 2 Dexter Street 2 Dexter Street

quarter of this year provides the irst real state income tax and local propEverett, MA 02149 Everett, MA 02149 opportunity for year-end planning under erty tax. Both are over age 65, so what has been called the most important their standard deduction this year 431 Second Street 431 Second Street tax law passed in more than 30 years. is $26,600: $24,000 + $1,300 + Everett, MA 02149 Everett, MA 02149 $1,300.

BOSTON AREA LOCATIONS

Besides their capped $10,000 2 Dexter Street 431 Second Street Everett, MA 02149 Everett, MA 02149 itemized deduction for taxes paid, the Browns expect to be able to deduct only modest amounts of Under the new, as well as prior, tax law, mortgage interest and charitable taxpayers can either take a standard contributions. They anticipate deduction or itemize deductions on taking their standard deduction, Schedule A of IRS Form 1040. Typically, tax so they won’t do any planning for preparation involves comparing the total itemized deductions in 2018. of itemized deductions with the standard deduction and choosing the larger amount.

Close Calls

Year-end planning under the new tax la

Still, much of t same, and so d Retirement pla Business equip for favorable ta exclusion amo break), and the combined with this issue will p tax-saving opp strategies.

Sizing up the standard deduction

Larger and sm

One reason tha likely will be mo increase under standard deduc taxpayers and separately (up $24,000 for co from $12,700), household (up

The situation would be Minichiello differBros./Scrap-It, Inc., Most people have used the standard Minichiello Bros./Scrap-It, Inc. ent, say, if the Browns expected to deduction and that probably will continue Serves over 2500 customers a week and is one of New England’s largest Serves customers a weektoand is one New England's buyers, pay $20,000 in home mortgage in- over 2500 be true, even more so forlargest 2018 returns.

If buyers, sellers, and processors of scrap metal.

For over 60 years our goal sellers and processors of scrap metal.

For over 60 years our goal has remained terest and make $10,000 in chariyou plan to use the standard deduction, you Unmarried indi has remained the same to provide the best prices in the industry along with theover same - to provide the best prices in the industry along with top notch table gifts. They would be well can bypass planning for items on Schedule spouses and w top notch customer service!

Call Fred Rogers at 617-595-5505 customer service! Call Fred Rogers at 617-595-5505 the standard deductionMinichiello amount, A and Inc., move on to other areas. $1,600 to the p Bros./Scrap-It,

including their $10,000 deduction Minichiello Bros./Scrap-It, Inc., for taxes paid, so planning could Serves over 2500 customers a week and is one New England's largest buyers, and processors of scrap metal.

For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers be useful. Depending on sellers their situsameto- to provide the best in theof industry along with notch sellers and prices processors scrap metal.

Fortop over 60 years our goal has remain ation, the Browns mightthewant customer Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch choose elective medical proce-service! the

customer service!

Call Fred Rogers at 617-595-5505 dures and accelerate charitable

donations into 2018 to pay with tax-deductible dollars.

Planning is possible if the Browns project a total of, say, $23,000 in itemized deductions.

NOVEMBER, 2018

Turn your metal into money today!

Turn your metal into money today!

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

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69

Close calls

at the 2018 The situation would be different, as a greater say, if the Browns expected to pay Financial Management continued from page 69

tax-effective decisions at year-end.

Year-End Tax Planning for planning for charitable donations Charitable Donations

A

of $17,000.

Deansup will ticle, “Sizing s explained in Therefore, the article,the “Sizing instead claim the $24,000 ction,” more the standard deduction,” morestandard taxpaydeduction for couples iling jointly take the ers are likely to take the standard de-in 2018.

They would get no tax break or 2018, rather duction for 2018, rather than claim itemized fromTherefore, their $7,000 of donations. eductions.deductions. they’ll lose the tax beneits from their charitable contributions. the tax beneits 1: Art and Beth Dean are in their 40s contributions. Example Thinking ahead and have paid off their home mortgage.

They One possible tactic would beseldom for have substantial unreimbursed medical expenses eth Dean are the Deans to make a deductible and typically contribute around $7,000 a year to charThinking Ahead paid off their contribution of, say, beno further deductions would be ity. In prior charitable years, they have itemized deductions available for these transfers. are to y seldom have $35,000 to a donor advised fund cause of large payments for state income tax and loOne possible tactic would be for They the Deans cal property a deductible charitable contribution of, prepaying ive years’ contributions in say, rsed medical intax. late 2018, bringing their itemized make $35,000 to a donor advised fund in late 2018, This year, their deduction for taxes paid is capped y contribute deductions to $45,000: $21,000 over order to get some tax beneit from bringing their itemized deductions to $45,000: $21,000 over at $10,000.

If they itemize, including their charitable to charity. the standard deduction amount. In the these expenses. standard deduction amount. In effect, this $35,000 contributions, they would have a total of $17,000. Thereve itemizedfore, the Deans effect, this $35,000 outlay gives the outlay gives the Deans a $21,000 tax deduction. will instead claim the $24,000 standard of large deduction for Deans $21,000 deduction.

There are tradeoffs here, including In this scenario, the Deans could advise the charcouplea filing jointlytax in 2018.

They would continued get no tax break from their $7,000 of donations. come tax and forgoing the use of money by on page 71 prepaying donations. The higher your In this scenario, the Deans could advise the charitable fund to disburse tax bracket and the closer your other tion for taxes itemized deductions to the standard $7,000 from their donor advised ,000. If they amount, the more such efforts might fund in 2018, another $7,000 in 2019, PLANT OFFICE: LOCATION: 1039 EAST r charitable be tax eicient. Our oice canSTREET walk and so on, through 2022. Because 200 LEGACY BLVD. DEDHAM,plans.

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Financial Management continued from page 70 itable fund to disburse $7,000 from their donor advised fund in 2018, another $7,000 in 2019, and so on, through 2022. Because the deduction was taken in 2018, no further deductions would be available for these transfers.

They are prepaying five years’ contributions in order to get some tax beneit from these expenses.

There are tradeoffs here, including forgoing the use of money by prepaying donations. The higher your tax bracket and the closer your other itemized deductions to the standard amount, the more such efforts might be tax efficient. Your accountant can walk you through some possible plans.

Old Story Yet another approach may be viable for taxpayers age 701⁄2 and older who are taking required minimum distributions (RMDs) from their IRAs. Assuming that your RMDs at least equal your planned donations, you might beneit from making your charitable contributions through qualiied charitable distributions (QCDs).

Example 2: Ed and Fran Grant are in their 70s and take RMDs. This year, each spouse has an RMD of around $15,000, which is usually taken at year-end. The couple gives about $10,000 a year to charity. The Grants calculate they’ll claim the standard deduction for 2018.

Did You Know?

A

study by the U.S. Department of Education, published every four years, found that average cumulative student loan debt at graduation for bachelor’s degree recipients increased by only 1.0% from 2011-12 to 2015-16, from $29,384 to $29,669.

As students hit loan limits, parents are picking up more of the cost. In the same time period, comparable federal parent PLUS loan debt increased from $27,352 to $32,596, a 19.2% increase.

Source: savingforcollege.com This year, Ed informs his IRA custodian that he wishes to make $10,000 of his RMDs as charitable contributions; he provides a list of charitable recipients. That $10,000 will count towards Ed’s RMD for 2018, so he only needs to withdraw another $5,000 to avoid a 50% penalty.

QCDs provide no charitable deduction. They do, however, reduce taxable income by reducing taxable RMDs. In this example, Ed reduces his taxable income by $10,000, which reduces his tax obligation. Even though the Grants get no tax deduction for their donation, they still save tax because they report less income continued on page 72 on their joint return.

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Financial Management continued from page 71

T

Year-End Tax Planning for Investors

his year has been a roller coaster for investors, with good months followed by steep pullbacks. At this point, you may have taken some gains and losses in your taxable accounts during 2018; you also may have unrealized losses as well as gains.

The classic strategy is to tabulate all of your capital gain and loss transactions for the year to date to see the net result so far. If you own mutual funds in taxable accounts, check the fund companies’ websites for projections of year-end capital gains distributions, which will count as taxable gains.

Net Losses

If you have taken more losses than gains, you might want to take gains by year-end. Such gains won’t increase your income tax, as long as they don’t move you into positive gains for the year.

After you take gains by selling securities, you

can buy them back right away if you want to maintain your investment. This will raise your basis in the reacquired shares, leading to better tax results on a subsequent sale.

If you don’t want to offset net losses with gains, you can deduct up to $3,000 of net capital losses on your 2018 tax return. Excess losses can be carried over to future years.

Net Gains If you end the year with net capital gains, you’ll owe tax; the tax rate might be steep if short-term capital gains (sales after a holding period of one year or less) are included. In this scenario, you might want to take capital losses by December 31 to bring down or eliminate this year’s net gains.

A capital loss won’t count for this year if you buy back the relinquished assets within 30 days of the sale in what is known as a wash sale. However, you can buy a similar asset if you wish. For instance, you can sell an emerging markets stock fund at a loss and put the proceeds into an emerging markets fund from another company immediately, if you think such stocks will rebound. continued on page 73

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Financial Management continued from page 72 Assuming you have held the devalued assets for more than 30 days, another strategy is to simply wait on the sidelines for at least 31 days after selling the assets for a loss, then buy back the stock or fund you’ve sold. You won’t have a wash sale, so the capital loss will be effective.

One other plan is possible if you act before the end of November. You can “double up” by buying an equal amount of the securities you intend to sell at a loss. Then, wait 31 days to sell the original position by year-end for a capital loss in 2018. If the shares have bounced back by then, you probably won’t regret buying more of them! continued on page 74

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Trusted Advice Qualiied Charitable Distributions • A QCD is generally a nontaxable distribution made directly by the trustee of an IRA (other than a simplified employee pension [SEP] plan or savings incentive match plan for employees [SIMPLE] IRA) to an eligible charity.

• The IRA owner must have the same type of acknowledgment of the contribution that would be required to claim a deduction for a charitable donation.

• The maximum annual QCD is $100,000 per IRA owner.

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73

rement tax planning

e TCJA is the IRAcontinued to a Roth Financialtraditional Management fromIRA pagein 73 ax rates owed November 2018. No matter what ample, married happens to that Roth IRA’s value or 2018 may in the interim, Stephanie will report major feature of TCJAincome is the reducup to $77,400 $100,000 of the taxable on her of income tax rates owed by indi% bracket, up tion 2018 tax return. viduals. For example, married couples in the 22% for 2018 taxable in15,000 andfiling jointly Therefore, themay endhave of a calendar year come up to $77,400 and remain in the 12% et. For single can be the best time for a Roth IRA bracket, up to $165,000 and stay in the 22% ome numbers conversion. By then, you may have bracket, and up to $315,000 and stay in the ose in the last a good idea of your taxable income 24% bracket. For single filers, the taxable nd that theincome numbers for the year, you can make a taxareso exactly 50% of those ble incomeinafter partial conversion. the lasteicient sentence.

Keep in mind that the have about $110,000 in taxable income on their een taken. numbers are for taxable income after all will to convert $60,000 to a Roth IRA joint return for 2018. Thus, one or both Jacksons could every generating Example 2: Stephanie deductions have been taken. and her convert up year, to $55,000 and stayain$14,400 the 22% tax bracket.

Instead, they choose to have Stephanie convert t planning annual federal income tax obligation. husband Tom calculate that they In terms of retirement planning at year$40,000 in late 2018.

That will add $8,800 to their t is that low After 10 years, their traditional IRAs 2018 haveisabout $110,000 in taxable end, onewill result that low tax rates make federal income tax bill (22% of $40,000), an amount ferral less tax deferral be mostly or fully depleted, so income their jointBoosting return foryour 2018. theywill less on attractive. can comfortably pay from their cash reserves. our 401(k) 401(k) contributions the Carsons will owe little in the way Thus, one or both now Jacksons may havecould less Planning Ahead ay have less age 70½.

Roth IRA convert upprevious to $55,000 and stay in the of RMDs after ofof aa payoff than in years.

An alternate approach is to set us years.

22% tax bracket.

Instead, theyfrom choose owners never have RMDs. aside an amount On the other hand, withdrawing to convert from a traditional to a Roth IRA each year. to have Stephanie convert $40,000 tax-deferred retirement accounts has Example 3: Chet and Doris Carson report from thdrawing become from Roth IRA distributions are completely in latedifficult.

2018. That willincludes add $8,800 less That con$200,000 to $250,000 of taxable income each year, verting from income a traditional, nt accounts has pre-tax tax-free theinage the Beto their dollars 2018 federal tax bill placing them once squarely the 59½ 24% and tax bracket.

SEP, or SIMPLE IRA to a Roth IRA for That includes ive-year hurdles are cleared.

Any IRAs. (22% of $40,000), an amount they tween them, they have $600,000 in traditional tax-free distributions after Carsons to convertin $60,000 llars from potential a IRAplan conversion 2018, to noa Roth IRA can comfortably pay from theirfive cash TheRoth 1⁄2 every year, generating a $14,400 annual federal in. years, if you are at least age 59 MPLE IRA to matter how late in the year, has a reserves. come tax obligation. After 10 years, their traditional al tax-free start date of January 1, 2018, No Looking Back IRAs will be mostly or fully depleted, soso thethe Carsons e years, if you Roth IRA ive-year requirement after a year-end Planning ahead continued on page 75 conversions have a conversion will be met in just over An alternate approach is to set catch, though. You no longer can reverse (recharacterize) a Roth IRA four years. aside an amount to convert from a conversion back to a pre-tax IRA. traditional to a Roth IRA each year.

Example 1: Suppose StephaCall Your Nearest Double GENALCO Warehouse s have a nie Jackson converts a $100,000 trouble For These Supplies o longer can 3: Chet Tax-deferred retirement HYDRAULICaccounts GRADE 8 traditional Example IRA to a Roth IRA and in Doris Carson STROBE LIGHTS OIL NUTS & BOLTS WEATHER CAPS November report 2018. No matter what ze) a Roth IRA from $200,000 to $250,000 generally have RMDs after age 70½.

AIR CLEANERS happens toofthat Roth IRA’s valueeach year, placing pre-tax IRA. taxable income Therefore, taxpayers in this age BUCKET TEETH GREASE FITTINGS in the interim, Stephanie will report them squarely in the 24% tax HYDRAULIC bracket. group should be sure to meet their HOSE $100,000 of taxable income on her BUCKET LIPS Stephanie 2018 tax return.

Between them, they have EQUIPMENT $600,000 annual requirement by year-end. Any PAINT BUCKETS 100,000 in traditional shortfall can trigger a 50% penalty.

Therefore, the end of aIRAs. calen-The Carsons plan

A

Year-End Retirement Tax Planning

dar year can be the best time for a Roth IRA conversion. By then, you may have a good idea of your taxable income for the year, so you can make a tax-efficient partial conversion.

Example 2: Stephanie and her husband Tom calculate that they

74

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Financial Management continued from page 74 will owe little in the way of RMDs after age 701⁄2. Roth IRA owners never have RMDs. Roth IRA distributions are completely tax-free once the age 591⁄2 and the five-year hurdles are cleared. Any Roth IRA conversion in 2018, no matter how late in the year, has a start date of January 1, 2018, so the five-year requirement after a year-end conversion will be met in just over four years.

Double Trouble Tax-deferred retirement accounts generally have RMDs after age 701⁄2. Therefore, taxpayers in this age group should be sure to meet their annual requirement by year-end. Any shortfall can trigger a 50% penalty.

In addition, each spouse must withdraw the RMD from his or her own account to avoid the penalty.

Example 4: Robert and Jan King each have a $20,000 RMD for 2018. Suppose Robert withdraws $40,000 from his IRA in 2018, but Jan does not take anything from her IRA. In this situation, the IRS has collected the amount owed by the Kings. That makes no difference. Jan will still face a $10,000 penalty: 50% of her $20,000 RMD shortfall. continued on page 76 Untitled-6 1

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Financial Management continued from page 75

U

Year-End Business Tax Planning

nder the TCJA, equipment expensing permitted by Section 179 of the tax code was expanded. In 2018, your business can take a first-year deduction of up to $1 million worth of equipment purchases. You might buy, say, $400,000 worth of equipment and deduct $400,000 from your company’s proifts this year.

Without the Section 179 tax break, that $400,000 tax deduction would be spread over multiple years.

New and used equipment that is bought or leased can qualify for first-year expensing. The equipment must be placed in service by December 31 to earn a 2018 deduction. For this purpose, the date you pay for the equipment doesn’t matter.

Section 179 is meant to beneit smaller companies, not giant corporations. Therefore, this tax break phases out, dollar for dollar, at $2.5 million of outlays in 2018.

Example 1: ABC Corp. buys $2.8 million of equip-

ment in 2018. That’s $300,000 over the $2.5 million limit for expensing this year. Consequently, ABC’s Section 179 deduction is reduced by $300,000, from the $1 million ceiling, to $700,000. After taking a $700,000 deduction under Section 179, the remaining $2.1 million of ABC’s equipment purchases must be depreciated under other tax code rules.

Bonus Depreciation The TCJA also expanded the use of “bonus” depreciation: first-year deductions for equipment expenditures that don’t qualify for Section 179 expensing. Prior law allowed for 50% bonus depreciation, but that has been increased to 100% deductions in the year of acquisition.

Certain equipment is excluded from bonus depreciation, but most of the items you use in your business probably will qualify. Indeed, bonus depreciation now applies to some used equipment, as well, whereas only new equipment qualified in the past.

Again, exceptions apply, but 100% tax deductions probably will be available for items that have not been continued on page 77

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Financial Management continued from page 76 used by your company in the past and have not been acquired from a related party.

Acting by year-end may lock in substantial depreciation deductions for this year. You even may be able to use bonus depreciation deductions that exceed business income to reduce your personal income tax bill for 2018.

Sport-Utility vehicles For more than a decade, large passenger autos defined as sport-utility vehicles have faced a $25,000 cap in regard to Section 179 expensing.

Example 2: Jerry Miller bought an SUV for $60,000 in 2017 and used it 100% for business. Jerry was entitled to a $25,000 deduction under Section 179. The remaining $35,000 qualified for 50% bonus depreciation, so Jerry’s 2017 deduction was $42,500.

The other $17,500 had to be depreciated over a longer time.

The new law appears to improve the tax treatment of SUVs. Example 3: Suppose Jerry Miller’s partner, Nancy Owens, buys a $70,000 SUV in 2018 and uses it solely for business. She’ll still face a $25,000 limit on Section 179 expensing, but the other $45,000 can

qualify for 100% bonus depreciation in 2018, generating a full $70,000 deduction for this year.

Certain conditions will affect the amount of the deduction, including the extent of business use. For any vehicle that you use fully or partially for business, keep a careful log to support any tax benefits you claim.

Changing Times For business owners, this first year-end tax planning opportunity under the TCJA of 2017 may be a time to reconsider how the company is structured.

Broadly, your choice is between operating as a regular C corporation or as a low-through entity, such as an S corporation or a limited liability company.

The new tax law lowered the corporate income tax, which has been set at a relatively attractive flat 21% rate. However, C corporations still impose two levels of tax: the corporate income tax plus personal tax paid by company owners. Dividends are not tax deductible, so business owners effectively pay double tax on dividends received.

Flow-through entities may qualify for a newly enacted 20% deduction on qualiied business income (QBI). continued on page 79

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Financial Management continued from page 77 Example 4: Carol Lawson owns 100% of CL Inc., which is an S corporation engaged in manufacturing. In 2018, she expects her company to pass through about $100,000 of income to her. Thanks to a 20% ($20,000) QBI deduction, only $80,000 of that $100,000 will count as income on Carol’s personal tax return.

The QBI deduction tilts the scale towards choosing a pass-through entity. However, a successful small company might pass through large amounts of money to owners, and there are rules that limit the amount of QBI for certain high-income taxpayers. Also note that even a 20% QBI deduction for someone in the top 37% personal income tax bracket would effectively leave that income taxed at 29.6% (80% of 37%), higher than the corporate income tax rate.

Your accountant can review your specific situation and help you compare the tax treatment you’d face with different business entities. In some cases, a small business that distributes most or all of its income to shareholders as dividends may do well to avoid the double taxation that C corporations generate.

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Advertisers’ Index ATS Equipment, Inc. .............................................................42 Aggregate Industries - N.E. Region.......................................19 American Shoring, Inc........................................ Ins. Back Cvr. B2W Software, Inc.................................................................62 BakerCorp..............................................................................66 Boro Sand & Stone Corp.........................................................9 Brennan Consulting...............................................................62 Dennis K. Burke, Inc..............................................................60 C&S Insurance Agency...........................................................8 Concrete Systems, Inc...........................................................44 Core & Main.............................................................................2 Dagle Electrical Construction Corp.......................................26 Darmody, Merlino & Co., LLP................................................68 Dedham Recycled Gravel......................................................70 DeSanctis Insurance Agency, Inc. ........................................78 Dig Safe System, Inc.............................................................58 The Driscoll Agency ..............................................................61 EJ...........................................................................................66 Eastern Pipe Service, LLC.....................................................60 Eastern States Insurance Agency, Inc..................................72 Eastpoint Lasers, LLC...........................................................79 T. L. Edwards, Inc..................................................................68 Ferguson Waterworks............................................................71 Genalco, Inc........................................................................... 74 Gorilla Hydraulic Breakers.....................................................75 L. Guerini Group, Inc..............................................................64 HD Supply Const. & Industrial AH Harris/White Cap............22 Hinckley Allen LLP...................................................................6 Industrial Safety & Rescue....................................................29 JESCO...................................................................................76 P. J. Keating Company...........................................................14 P. A. Landers, Inc...................................................................12 Lawrence-Lynch Corp............................................................77 Leica Geosystems........................................................ 15 & 58 Lorusso Corp..........................................................................28 Lorusso Heavy Equipment, LLC............................................48 MBO Precast, Inc...................................................................28 Mass Broken Stone Company...............................................73 Milton CAT..............................................................................54 Norfolk Power Equipment, Inc...............................................78 North American Crane & Rigging LLC..................................40 North East Shoring Equipment, LLC.....................................75 Northland JCB........................................................................65 Ocean State Oil......................................................................25 Palmer Paving Corp...............................................................79 Pawtucket Hot Mix Asphalt......................................................7 E. H. Perkins Construction Co., Inc.......................................80 Podgurski Corp......................................................................64 E. J. Prescott, Inc................................................Ins. Front Cvr. Putnam Pipe Corporation......................................................68 Rain For Rent-New England..................................................18 Read Custom Soils................................................................58 Ritchie Bros. Auctioneers......................................................73 Rodman Ford Sales, Inc........................................................30 Rogers & Gray Insurance......................................................20 Schmidt Equipment, Inc............................................. Back Cvr. Scituate Concrete Products Corp..........................................52 Scrap-It, Inc............................................................................69 Shea Concrete Products, Inc. .................................................4 SITECH New England............................................................24 Smith Print..............................................................................78 Starkweather & Shepley Ins. Brokerage, Inc.........................10 Taylor Oil Company................................................................13 Tonry Insurance Group, Inc...................................................62 Triumph Modular....................................................................64 United Concrete Products...................................................... 11 United Rentals Trench Safety................................................38 Webster One Source.............................................................46 C. N. Wood Co., Inc. .............................................................16 Woodco Machinery, Inc.........................................................36 Xylem Dewatering Solutions Inc............................................65

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

NOVEMBER, 2018

• We can provide you with the world’s largest or smallest trench box or shoring system • Get high production numbers while keeping your workers safe • We will show you how with our on-site supervision.

• Contact us for the world’s very best shoring

SALES RENTALS SERVICE REPAIRS TRADE-INS RECERTIFICATION

• We will deliver on time, every time.

We’ll bring it with our fleet of trucks; where you want it, E when you want it, EVERYTIM • We have been told by our customers that “no one beats our service” So don’t take our word for it, just ask the people who use our product

See Our Entire Line Call for Catalogs

Factory & Corporate Office: 207 LAKE STREET (Route 32) NEWBURGH, NY, 12550

1.845.562.4477

Call us for local Metropolitan New York, New Jersey and Connecticut Inquiries.

Factory Direct Stores: For New England: Maine, Vermont, New Hampshire and Western NY State

Call our Boston area location: 283 E Cherry Street Shrewsbury, MA 01545

1.508.842.2822

For the Mid- Atlantic Region: Eastern Pa, So. Jersey, Delaware, Maryland and Virginia

Slide System with Portable Safety Rail Installed

Call our Baltimore area location: 506 Pulaski Highway Joppa, MD 21085

1.443.313.3461

Or Phone us Toll Free from anywhere:

1-800-407-4674