Construction Outlook November 2012

Page 1

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

NOVEMBER, 2012

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OFFICERS President MARCO GIOIOSO P. Gioioso & Sons, Inc. President-Elect CHRISTOPHER WALSH W. Walsh Co., Inc. Treasurer JOHN OUR Robert B. Our Co., Inc. Secretary PAUL SCENNA Albanese D&S, Inc.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. VINCENT BARLETTA Barletta Heavy Division MICHAEL BISZKO, III Biszko Contracting Corp. TONY BORRELLI Celco Construction Corp. STEVEN COMOLETTI P. Caliacco Corp. MAUREEN DAGLE Dagle Electrical Const., Corp. ADAM DeSANCTIS DeSanctis Ins. Agency, Inc. THOMAS DESCOTEAUX R. H. White Const. Co., Inc. JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. BILL IRWIN C.J.P. & Sons Const. Co., Inc. PHIL JASSET Honorary Board Member BILL KEAVENEY A. R. Belli, Inc. ROBERT LEE J. F. White Contracting Co. RYAN McCOURT McCourt Construction Co. AL MORTEO FED. CORP. JOSEPH PACELLA RJV Construction Corp. BRIAN RAWSTON Jay Cashman, Inc. LOUIS SCHOOLCRAFT Ti-SALES, Inc. JOHN WALSH, III Walsh Contracting Corp. ANNE KLAYMAN Executive Director

NOVEMBER, 2012

IN THIS ISSUE 3 President’s Message: A Brighter Future Needs Bold Action

5 Legislative Update: • Massachusetts Democrats Reverse Republican Gains in State Election • Massachusetts Department of Public Safety Proposed Changes to Hoisting Regulations • Commonwealth Finishes Fiscal 2012 with $116M Surplus • Study Determines Massachusetts Workers’ Compensation Rates Among Lowest in Nation • Report Targeting “Smart Infrastructure” Needs in the Commonwealth Released • Patrick Administration Announces $267M Investment in Energy and Environment as Part of 2013 Capital Plan

17 Asbestos Cement Pipe Safety Program Checklist 20 UCANE’s 58th Annual Banquet 38 UCANE’s 2012 Banquet Sponsors 40 Contractor Member of the Year: Marco Gioioso, P. Gioioso & Sons, Inc.

43 Associate Member of the Year: Richard Hoffman, The Scituate Companies

45 Benefits & HR Strategies: Compensation Benchmarking...Now is the Time to Implement This Key HR Strategy

51 Financial Management: • The Surpreme Court’s Health Insurance Decision: What It Means to You Now • New Tax for High-Income Taxpayers • Trusts and Estates May Owe the Surtax, Too • Additional Medicare Tax for Certain High-Income Taxpayers Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Marco Gioioso Editorial Board: Marco Gioioso, Christopher Walsh, John Our and Paul Scenna CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; E-mail: aklayman@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Abington, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

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A Brighter Future Needs Bold Action With the elections over, we can conclude that while some things have changed, most things stayed the same. After a year of political in-fighting, most Americans are longing to put politics aside, and start enjoying life again. I, for one, will be putting all those extra hours spent checking on the candidates, back into my family and my business. The best thing I can say about this election is…It’s over!

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ow it’s back to reality. Basically our country still has many problems, ranging from social and health issues to our deficit problem, and the looming “fiscal cliff” which is just a few months away. No one refutes that 23 million Americans are out of work, looking for jobs, or are under-employed. No one refutes that 47 million people are on food assistance programs, with over 400,000 added to these programs in a single month. But as bad as this situation is, I believe it can be reversed. I believe that the vast majority of people do not want to be on welfare or food programs. Certainly for the men and women who have worked all their lives and made a good life for themselves and their families, this situation has to be demoralizing and a blow to their self-esteem. I believe they want to get back to work and take care of their families. They want to regain their independence and self-esteem, but what is holding them back is the scarcity of good paying jobs! Here is a possible scenario that I believe has something for everyone…people will get good paying jobs; families will gain a sense of peace and stability; our states and local municipalities will get financial assistance for necessary public works projects; our nation’s standard of living will improve; and lastly, our nation’s infrastructure, upon which our economic revival is based, will be modernized to where it supports further economic expansion well into the twenty-first century.

NOVEMBER, 2012

First, the federal government needs to “prime” our nation’s economic pump by providing some grants for a country-wide public works program. Our country’s $200 billion drinking water and wastewater needs are a perfect example of where grants could immediately stimulate a job bonanza. A ten-year, $100 billion funding appropriation would have a major impact on this backlog. I also believe that once the public actually sees the results, they would be amenable to a dedicated fee on bottled water if they knew that the revenue generated would go into a program that supported clean water programs. UCANE included a dedicated fee in a Bottle Bill on Beacon Hill not too long ago, but it did not pass. I think it’s time to re-file that Bill. I know my scenario seems rather basic…more economic vitality results in more jobs, which in-turn allows governments to collect more taxes, which in-turn provides the revenue to pay-off our debt and fund critical programs.

All of this may just be wishful thinking, but it also may be just what our country needs. However, it will require our political leaders to make “creating jobs” a priority on all levels of government and then take bold and innovative action to make it happen! n

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Massachusetts Democrats Reverse Republican Gains in State Elections ovember 6th proved to be a fortuitous day for the Massachusetts Democratic Party. In addition to sending its electoral votes to the re-election of President Barack Obama, Massachusetts voters replaced the incumbent United States Senator, Scott Brown, with Harvard Law School professor and consumer advocate, Elizabeth Warren. The Democratic slant to the day continued “down ticket” with Democrats maintaining their super majority in the State Senate and picking up three seats in the Massachusetts House.

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Of particular interest to UCANE, Senate President Therese Murray, who spoke at a UCANE meeting earlier this year, was re-elected after a bruising battle with Republican businessman Tom Keyes. Representative Ted Speliotis, House Chairman of the Joint Committee on Professional Licensure and

Consumer Affairs, a committee that hears many of UCANE’s matters, was also re-elected after a late sticker campaign from a local Republican selectman. Other elected officials who have supported or sponsored UCANE’s efforts on Beacon Hill were reelected. In other closely watched races, Joe Kennedy, III, captured the 4th Congressional District for Congress while Congressman John Tierney withstood an exceptionally spirited challenge from former State Senator Richard Tisei. Massachusetts voters passed two ballot questions (Question 1: Right to Repair) and (Question 3: Medical Marijuana Use) while opposing one ballot question (Question 2: Death with Dignity). continued on page 7

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Aggregate Industries is an environmentally responsible producer of high quality aggregate and construction materials in the United States. From the roads you drive on to the buildings you work in and the homes you live in, Aggregate Industries supports fundamental elements of everyday life. Aggregate Industries leads the green building materials market in New England. A range of our products use warm mix asphalt technology, which consumes less energy, results in lower carbon emissions, and allows for increased recycling opportunities. We recycle more than 600K tons of asphalt and concrete each year. In addition, our portfolio includes green products that contribute to the US Green Building Council’s Leadership in Energy and Environmental Design (LEED) certifications, including pervious concrete and asphalt. Aggregate Industries has been a supplier of the building products and solutions market that the residents of New England have relied on for over 100 years. As part of the Holcim Group, Aggregate Industries views our commitment to Corporate Social Responsibility and Community as one of our core values. We believe that a responsible company takes care of the communities in which the company serves and supports the employees who work for it. We are committed to sustainable development and the preservation of the resources we rely on for the products we produce. Aggregate Industries is recognized as an environmental leader in the industry for having voluntarily conformed to the International Standards Organization Environmental Management System, ISO 14001. While our business will continue to grow, our commitments will remain the same: • Set the standard by which all companies in our industry are measured.

�• Be steadfast in our journey to be leaders in providing construction materials of the highest quality and in the way we manage our impact on the land, air and water resources, and people around our operations. �• Be the leader in sustainable construction. At Aggregate Industries, we know you rely on the products we produce, and we look forward to the next 100 years of servicing the communities across New England. For more information about our Company and our products, please visit: www.aggregate-us.com/_aius/regions/ne/ne_home.cfm

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Legislative Update continued from page 5

Massachusetts Department of Public Safety Proposed Changes to Hoisting Regulations or more continuing education courses for individuals he Massachusetts Department of Public Safelicensed to operate hoisting machinery must submit ty (“Department”) recently announced that it an application to the Department. All courses must is amending the existing regulations governing hoisting to include recent changes in the Mass. Gen. be monitored by a Massachusetts hoisting licensee of Laws. In particular, many of the proposed changes to equal or greater grade of Massachusetts license and 520 CMR 6.00 implement amendments to the hoistmust offer a curriculum that, at a minimum, complies ing law, Mass. Gen. Laws. ch.146, §53, made during with detailed requirements for each class of hoisting the end of the formal legislative sessions in July 2012. machinery, as outlined in the proposed regulation. The Department intends to hold a public hearing on While promulgating regulations governing most this regulation on December 3, 2012, at 10AM at One aspects of hoisting, the Department specifically comAshburton Place, Ashburton Café, Boston, MA. mented that it is aware of OSHA regulation 29 CFR 1926 Subpart CC, released August 9, 2012, which Under the current proposed regulation, temporary permits may be issued by a short-term rental enrequires crane operators involved in construction to tity for the operation of compact hoisting machinery. be certified by an accredited certification provider by The rental entity must be approved by the DepartNovember 10, 2014. The Department is in the proment and must have an individual who holds a Mascess of drafting further amendments to these regulasachusetts hoisting license act as a short-term rental tions that will bring its regulation in compliance with entity facilitator to monitor all permitting requirements. OSHA’s regulation and will be seeking to move forTemporary permits will be non-renewable and will not ward on these additional changes as soon as posbe valid for more than 14 consecutive days. Addisible. However, the proposed changes contained in tionally, no individual shall be issued more than one the attached regulation are necessary at this time to temporary permit in any 45 day period. bring them up to date with the current law. Every contractor should read the full report. Further, the proposed regulation expands the current exemption from the licensing and permitting requireThe proposed regulation can be found at: www. ments for public utility companies to include companies mass.gov/eopss /docs /dps /engineering /inf-eng / continued on page 9 operating solely on company property, and companies hoisting-regs-redline.docx. operating solely on public utility property. In order for the exemption to apply however, the company must have an in-service training program for its employees that has been apCall Your Nearest Genalco Warehouse proved by the Department and that For These Supplies meets the requirements of Section HYDRAULIC GRADE 8 STROBE LIGHTS OIL NUTS & BOLTS 6.09. Pursuant to the proposed WEATHER CAPS regulation, all approvals previously AIR CLEANERS issued by the Department for an inGREASE FITTINGS BUCKET TEETH service training program will be reHYDRAULIC HOSE BUCKET LIPS scinded 120 days from the date the EQUIPMENT PAINT amended regulations go into effect, BUCKETS and all entities will be required to reCUTTING EDGES CHAIN apply. Following an initial applicaSLINGS tion, entities will be required to reapBACKUP BELLS AIR, OIL & FUEL ply biannually for in-service training AND ALARMS FILTERS EXTREME ROTARY program approval. PRESSURE GREASE ASPHALT CUTTERS Additionally, under the proGenalco inc. 1-877-436-2526 posed regulation, individuals or 55 years of service to New England Industry Needham Heights, MA So. Boston, MA Springfield, MA West Haven, CT Warwick, RI organizations seeking to operate FAX 781-449-6643 FAX 617-268-1290 FAX 413-781-3771 FAX 203-934-2580 FAX 401-736-9769 as a training facility that offers one

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Legislative Update continued from page 7

Commonwealth Finishes Fiscal 2012 with $116M Surplus he Massachusetts Executive Office of Administration and Finance (A&F) recently announced that the Commonwealth finished fiscal year 2012 with a $116 million surplus that will be deposited into the state’s “rainy day” account. While revenues exceeded state spending last year by $116 million, the Patrick Administration believes that the surplus money will be useful in mitigating impacts to services and programs in the event that tax collections continue to lag behind spending projections for fiscal 2013. As a result of the surplus deposit the “rainy day” stabilization account contains $1.65 billion. According to the National Association of State Budget Officers, the state’s stabilization account is the third largest in the country behind Alaska and Texas, which count on oil tax revenues for their reserves. continued on page 11

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Legislative Update continued from page 9

Study Determines Massachusetts Workers’ Compensation Rates Among Lowest in Nation ccording to a press release by the Massachusetts Division of Insurance (DOI), Massachusetts employers continue to pay some of the lowest workers' compensation premium rates in the country. In reporting on the Oregon Department of Consumer and Business Services’ biannual study, the DOI highlighted the fact that Massachusetts ranks fifth-lowest of the 50 states and Washington, D.C. with combined rates of $1.54 per $100 in payroll. This contrasts with Montana, the highest-ranked state, at $3.33 per $100 in payroll, and Connecticut, the highest-ranked New England state, at $2.55 per $100 in payroll. Massachusetts is 75 percent of the median of all states.

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The Oregon report, which is published every two years, compares workers’ compensation insurance premium rates across all states, using Oregon’s industry mix as the base. The current study, released in October, reviewed a variety of measures from calendar year 2010 and found that Massachusetts' total workers’ compensation costs decreased 6 percent after three years of increases. The state also had the largest decrease in total costs per claim of all states examined. In the past five years, the DOI has lowered average workers' compensation rates by 19.7 percent since 2007. In addition, the Commonwealth has made several other changes to the structure of workers' compensation premiums—including reducing the maximum penalty for losses from 49 percent to 25 percent, and lowering charges required to be paid by small employers—to further improve the environment for businesses. Workers’ compensation insurance provides coverage for, among other things, lost wages and medical care for workers injured on the job. Massachusetts businesses are required to carry worker’s compensation insurance. The workers’ compensation system was overhauled in 1991, emphasizing efficient claims management, workplace safety and returnto-work programs.

NOVEMBER, 2012

According to the DOI, the change in Massachusetts workers' compensation rates can be attributed to two major factors. First, throughout the country, fewer employees are engaged in hazardous occupations, while both workers and companies have become more aware of safety in the workplace and more attuned to the importance of early return to duty, both trends that have been steeper in Massachusetts than in other states. Second, the 1991 reforms altered both workers' compensation benefit structures and dispute resolution practices, making the system less litigious and more efficient. continued on page 13

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Legislative Update continued from page 11

Report Targeting “Smart Infrastructure” Needs in the Commonwealth Released he New England Council (NEC) released a new report “Smart Infrastructure in New England: An Investment for Prosperity and Growth,” assessing the region's infrastructure strengths and weaknesses. As part of the report, the NEC identified opportunities for investment in “smart infrastructure” that can support economic growth and global competitiveness. “Smart Infrastructure in New England” suggests that in order to build a 21st century infrastructure that can enable economic growth and prosperity, public and private stakeholders must work together to take several identified steps. In particular, the NEC report recommends: 1. Exploiting the region’s structural advantages to achieve a responsive supply chain, operating at lower cost with less congestion, by taking advantage of lower cost “home-shoring” sub-regions in support of dominant industries. 2. Connecting its regional networks and industry clusters to leverage their inherent economies with the appropriate infrastructure technology and management.

3. Developing workforce skills in a “learnings with earnings” collaboration, following a new apprenticeship model that can bring together the interests of business, education, and government. 4. Financing strategic opportunities creatively, using a range of innovative options to match affordability with productivity and speed to market. With the Massachusetts Department of Transportation’s upcoming call for a new revenue structure to fund the Commonwealth’s transit system and the Massachusetts Water Infrastructure Finance Commission report identifying the extensive financial resources necessary to meet the Commonwealth’s water infrastructure needs, infrastructure of all types has come to the forefront. As the Massachusetts legislature heads into the 2013-2014 legislative session, we can anticipate that “infrastructure” will be a key topic of consideration. To view the New England Council’s report, please visit: www.newenglandcouncil.com/assets/SmartInfrastructureStudy-FINAL.pdf continued on page 15

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Legislative Update continued from page 13

Patrick Administration Announces $267 Million Investment in Energy and Environment as Part of 2013 Capital Plan he Patrick Administration has announced $267 million in capital funds for energy and environment projects and programs. The Capital Investment Plan seeks to reverse decades of underinvestment, create jobs and improve the Commonwealth’s economic future by supporting public assets – classrooms and academic buildings, roads and bridges, and public housing. The plan also invests in the Commonwealth's innovation industries to create thousands of jobs and set the stage for future economic growth. The energy and environment investments made in the fiscal years 2013-2017 Capital Plan focuses on the Administration’s goal of reducing environmental impact. Highlights include: • $1.75 million for a four-year initiative to revitalize Heritage Parks, primarily located in urban areas, that provide exhibits and historic information with an emphasis on the industrial history of the communities in which they are located;

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• A $1.25 million investment in the nationally recognized river and wetland restoration program for the Department of Fish and Game expected to leverage an additional $5 million in federal and private funds and create over 75 jobs per year; • Final design and initial construction of a headquarters building for the Division of Fisheries and Wildlife in Westborough. This will replace current outdated and overcrowded facilities and will be one of the Commonwealth’s first net zero energy buildings. Since 2006, the Patrick Administration’s conservation efforts have protected more than 100,000 acres of open space at an investment cost of over $287 million. To read the fiscal year 2013 Capital Plan, please visit: http://www.mass.gov/bb/cap/ fy2013/rec/hdefault.htm. n

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Asbestos Cement Pipe Safety Program Checklist

CANE has developed a comprehenwhich are some of the most carcinogenic sive asbestos pipe safety program elements and a leading cause of cancer. in cooperation with OSHA and The All attendees are reminded that they are reDepartment of Labor Standards where quired to take positive measures each and we train our members in the handling, every time they encounter asbestos pipe cutting, storing, removal and disposal of on their projects. asbestos cement pipe encountered durThe best way to assure that approved ing underground excavations. asbestos safety procedures are being folTo date, UCANE has conducted nine lowed is to prominently post a copy of the classes where a total of 234 contractor Contractors Asbestos Project Checklist and associate members were trained. on bulletin boards in each jobsite trailer, Each attendee who successfully comand to review the procedures with all perpleted the training received their Asbessonnel at weekly tool box safety meetings. tos Removal Certification which was apAnother way to keep the dangers of asproved by both OSHA and the DOL. bestos pipe a top priority would be to provide each employee with a personal copy While an asbestos training program is of the checklist. mandated by Massachusetts law, it is only the first step in keeping construction workTo assist our members, a copy of the Asbestos Project Checklist ers safe from airborne asbestos particles checklist can be found below.

A s be s t o s Pr oje c t C he c k l i s t Use this contractor checklist if your project involves handling ACM I. Prior to Start of Job Yes 1. 2. 3. 4. 5.

No

Employees are up-to-date on their regulatory safety training such as asbestos, respirator, and excavation, or other relevant training. Employee medical evaluations for respirator use completed. Annual medical evaluations are required for employees who are assigned respirators. Annual respirator fit-testing completed. Fit-testing is required annually for any employee assigned a tight-fitting respirator. Asbestos and PPE supplies are in stock and ready to use (Supply list is at the end of this checklist) Submit Form ANF-001 on line (also known as form BWP AQ 04) to MA DEP.

Notify MA DEP at least 10 working days before the project and pay fee. Asbestos Removal Notification (November 2010) at MA DEP website: http://www.mass.gov/dep/air/approvals/aqforms.htm#asbestos For emergencies: call your regional MA DEP office to request a waiver as soon as possible. The completed ANF-001 and fee still needs to be sent faxed/e-mailed within 24-hours. http://www.mass.gov/dep/about/regional.htm 6. Notify Dig-Safe – at least 3 Business Days before Excavating 1-888-DIGSAFE (344-7233) or 811 7. Obtain Excavation (Trench) Permit and pay fee continued on page 19 MA Dept of Public Safety requires a permit prior to any excavation. Permits are obtained from the city, town or public agency required to administer these permitting requirements. For emergencies: call the FROM permitting as soonIN asCONSTRUCTION possible. The completed permit NOVEMBER, 2012 “BUY THEauthority ADVERTISERS OUTLOOK” 17 application and fee still needs to be sent faxed/e-mailed within 24-hours.


169-B Memorial Drive Shrewsbury, MA 01545 508-842-3790


Notify MA DEP at least 10 working days before the project and pay fee. Asbestos Removal Notification (November 2010) at MA DEP website: http://www.mass.gov/dep/air/approvals/aqforms.htm#asbestos

ForChecklist emergencies: call your Asbestos continued from regional page 17 MA DEP office to request a waiver as soon as possible. The Asbestos Project Checklist within 24-hours. completed ANF-001 and fee still needs to be sent faxed/e-mailed

http://www.mass.gov/dep/about/regional.htm Notify Dig-Safe – at least 3 Business Days before Excavating 1-888-DIGSAFE (344-7233) or 811 7. Obtain Excavation (Trench) Permit and pay fee Yes No MA Dept of PublicinSafety requires permit prior to any excavation. 14. ACM is removed a manner that aminimizes breakage: Area is cleaned of visible pieces ACM. Permitsofare obtained from the city, town or public agency required to administer these permitting requirements. 15. Each piece of ACM is wetted and wrapped in two layers of 6-mil poly. For emergencies: the permitting as soon as possible. completed permit 16. Each piece of ACMcall waste is properlyauthority labeled with OSHA; DOT, andThe EPA application and fee still needs to be sent faxed/e-mailed within 24-hours. information. (1) OSHA danger warning: DANGER Contains Asbestos Fibers II. At Job Site – Avoid Creating Dust Cancer and Lung Disease Hazard 8. Trench Permit posted at the job site if applicable (2) Asbestos thework code:plan, NA-2212 9. Job DOT safetyClass-9 briefinglabel conducted with crew touses review special hazards, and (3) EPA Waste generator Include the name of the generator theshoes, location ensure everyone understands their role. Minimum PPE at job site: and safety label safety glasses, and hard hat. where the waste was generated. 17. Trench is created, it is filled or covered if job site will be left unattended. 10. If Decontamination area/station is set-up 18. Workers clean theirstation hands,istools, andwhere at the personnel decontamination area. A decontamination an area can clean tools, remove protective equipment, and clean-up: supplies needed include poly sheeting and wet-wipes, water source. III. ACP Waste Transport, Storage, and Disposal – 11. Regulated area around work area established with site security, work zone traffic control, and is overhead electrical lines avoidance 19. ACM waste transported in covered truck that ismeasures. lined with 2 layers of 6-mil poly 12. sheets. Place 6 mil poly sheet under the ACM section to be disturbed. Project Checklist 13. ACM Adequately ACM at with water. 20. waste wet is stored thesoapy siteAsbestos of(amended) generation or at the place of business of the contractor. Theensemble: ACM waste is stored in a secure locationcartridges under lock(selection and only based for up on length and Asbestos PPE Respirator with HEPA-filtered to 30 days.ofCheck with your regional DEP office to confirm policy. frequency exposure); Arc-Rated disposable coveralls withcurrent hood and booties, electrical rated rubber gloves with Record gloves; (WSR) safety glasses with side-shields, hard hat, and arc blast hearing 21. A Waste Shipping has been completed. protection. Yes No 22. Arrangements are made with Waste Management or other waste hauler firm to 14. transport ACM is removed in ato manner that minimizes breakage: Area is cleaned of visible ACM waste the landfill. pieces 23. A copy of ACM. the completed WSR signed by the transporter and waste disposal site 15. owner/operator Each piece of ACM is wetted and wrapped in two layers of 6-mil poly. has been received. 16. Send Each a piece waste is properly with OSHA; andofEPA 24. copyofofACM the completed WSR tolabeled the customer withinDOT, 35 days the ACM information. removal. (1) OSHA danger warning: DANGER Contains Fibers 25. Project records have been filed and will be maintained for atAsbestos least 2 years. Avoid Creating Dust Cancer and Lung Disease Hazard (2) DOT Class-9 label Asbestos uses the code: NA-2212 (3) EPA Waste generator Include the name of the generator and the location 1 label Version: 003 Revision date: where the10/24/2012 waste was generated. 17. If Trench is created, it is filled or covered if job site will be left unattended. 18. Workers clean their hands, tools, and at the decontamination area.

A s be s t o s Pr oje c t C he c k l i s t ( c on t. )

6.

III. ACP Waste Transport, Storage, and Disposal – 19. 20. 21. 22. 23. 24. 25.

ACM waste is transported in covered truck that is lined with 2 layers of 6-mil poly sheets. ACM waste is stored at the site of generation or at the place of business of the contractor. The ACM waste is stored in a secure location under lock and only for up to 30 days. Check with your regional DEP office to confirm current policy. A Waste Shipping Record (WSR) has been completed. Arrangements are made with Waste Management or other waste hauler firm to transport ACM waste to the landfill. A copy of the completed WSR signed by the transporter and waste disposal site owner/operator has been received. Send a copy of the completed WSR to the customer within 35 days of the ACM removal. Project records have been filed and will be maintained for at least 2 years.

NOVEMBER, 2012

2

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

Version: 003

Revision date: 10/24/2012

19


Marriott NewtoN Hotel • NewtoN, Ma • october 20, 2012


UCANE’s 58 th Annual Banquet Was “Simply the Best” From Start to Finish!

Call

it whatever you like…a great evening…the most fun time ever…or simply entertaining, but every one of our 600 members and guests in attendance would tell you that there are just no words to describe UCANE’s 58 th Annual Banquet held last month at the Newton Marriott Hotel. Simply stated, it was the party of all parties! It was a night filled with ceremonies honoring members, great food, entertainment, and best of all, lasting memories. All of our member’s comments following the event were complimentary and very similar…“I didn’t think you could top last year’s continued on page 23 Banquet but you absolutely did…this one was simply the best!”


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JOB:

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NOVEMBER, 2012 BY SIGNING YOUR INITIALS BELOW, YOU ARE STATING THAT YOU HAVE READ AND APPROVED THIS WORK.


Banquet continued from page 21

The

evening began with a social hour in the Commonwealth Ballroom, where we were joined by Senator Scott Brown, who mingled and took photos with our members. The hors d'oeuvres were plentiful and the drinks flowed freely as guests enjoyed good company and conversation. The anticipation mounted as guests were escorted upstairs to the Grand Ballroom, which was decorated to highlight the evening’s theme of “Solid Gold”. Flowing gold fabric and chandeliers formed a canopy over the dance floor, setting the scene with gold lace and sequined table linens and a combination of three-foot elegant centerpieces of hydrangeas and calla lilies set off by golden branches and trios of crystal candelabras. The beauty of the room was highlighted by a matching floor to ceiling gold sequined and lace curtain that was the perfect backdrop for the amazing entertainment of the night. Executive Director Anne Klayman officially opened the evening’s program with welcoming remarks and then introduced UCANE’s Officers and Board Members in attendance. Before the festivities could get into full swing there was important business to be taken care of…the highly coveted Contractor of the Year and Associate Member of the Year awards had to be bestowed on our 2012 recipients. Anne described how their peers chose the recipients with special attention given to their efforts to improve our Association and our industry. This year members voted UCANE’s President Marco Gioioso (P. Gioioso & Sons, Inc.) as Contractor Member of the Year, and Richard Hoffman (The Scituate Companies) as Associate Member of the Year. Neither Marco nor Richard were aware they would be receiving these awards. They were further surprised when their family members and friends entered the ballroom to witness them receiving their awards. continued on page 25

UCANE’s Officers and Board Members (L-R): Chris Walsh, W. Walsh Co., Inc.; Paul Scenna, Albanese D&S, Inc.; Louis Schoolcraft, Ti-SALES, Inc.; Brian Rawston, Jay Cashman, Inc.; Al Morteo, FED. CORP.; Ryan McCourt, McCourt Const. Co.; Bill Keaveney, A. R. Belli, Inc.; Bill Irwin, C.J.P. & Sons Const. Co., Inc.; Jerry Gagliarducci, Gagliarducci Const., Inc.; Maureen Dagle, Dagle Electrical Const., Corp.; Tony Borrelli, Celco Const. Corp.; Vincent Barletta, Barletta Heavy Division; Marcella Albanese, Albanese Bros., Inc.; Thomas Descoteaux, R. H. White Const. Co., Inc.; Phil Jasset; Marco Gioioso, P. Gioioso & Sons, Inc.; and Robert Lee, J. F. White Contracting Co.


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She

then recognized the more than 100 companies who sponsored various segments of our Banquet. Anne said, “The caliber, commitment and support of our members is what distinguishes our Association from others.” Anne went on to say that “two of the companies who exemplify this generosity and commitment are C. N. Wood Company, Inc. and Komatsu who have been UCANE’s Banquet Hosts for the past 13 years.” Other major sponsors were Jay Cashman, Inc. (Hot Seafood Bar); Concrete Systems, Inc. (Cold Seafood Bar); Aggregate Industries-N.E. Region and HD Supply Waterworks (co-sponsors of our Martini Bar); LiuGong and Equipment East, LLC (Entertainment); Eastern States Insurance Agency, Inc. (Candy Buffet and CD’s); Barletta Heavy Division, Eastern Insurance Group, LLC, Hinckley Allen Snyder, LLP, McCourt Construction Company, Shea Concrete Products, United Rental Trench Safety and J. F. White Contracting Co. (Band); and American Shoring Inc., Gagliarducci Construction, Inc., Liddell Brothers, Inc., Robert B. Our Co., Inc., Taylor Oil Company and Zurich North America (Sundae Bar). A complete list of sponsors can be found on pages 38-39. Following the awards presentation Anne continued with special recognition of UCANE’s charitable giving, “When I tell you that UCANE is a unique organization, I truly mean it. What really makes UCANE special is first and foremost our members. They not only support our Association’s mission, but they are both individually and collectively, the most charitable and wonderful group of people I’ve ever had the good fortune to be associated with.” More than 30 years ago, UCANE made the Leukemia & Lymphoma Society our Association’s official charity. Over the years, UCANE members have helped raise millions of dollars to provide grants for local researchers. Once again UCANE invited some of the doctors and researchers who were the recipients of our grants, so that we could recognize their commitment to patient care and also to help find a cure. Anne then introduced each of the doctors, listed below, one of whom was not present as he was traveling back from a Leukemia symposium. She also introduced our own Al Morteo, from FED. CORP., who is currently serving as President of the Leukemia & Lymphoma Society. • Dr. Constantine Mitsiades: Instructor of Medical Oncology at Dana Farber Cancer Institute, Harvard Medical School and Brigham and Women’s Hospital. • Dr. Matthew Davids: Specializing in hematology, internal medicine and oncology, and is an attending physician at Dana Farber Cancer Institute. • Dr. Jennifer Davids: Specializing in colorectal and general surgery at UMASS Medical Center in Worcester. • Dr. Vicki Boussiotis: Professor at Harvard Medical School specializing in hematology and oncology. Her sub-specialty is hematological malignancy and bone marrow transplantation. Anne went on to say, “These are some of our own very special hometown heroes.” continued on page 27


26

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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Banquet continued from page 25

With

these ceremonies completed Anne officially kicked off the festivities by reminding everyone that the raffle ticket they had been given at the reception desk could win them one of seven sensational prizes. She then clarified the rules to win one of the prizes saying, “Without exception and in fairness to all, the winner has to be on the dance floor when their name is called to be eligible to win.” The fabulous prizes of the evening included…a diamond, gold, sterling and blue topaz bangle bracelet donated by Vellano Bros., Inc.; a chance to win more than $10 million with $150 in lottery tickets; a magnificent Swarovski black and white crystal necklace; a black onyx, gold and sterling bracelet; a 32” Vizio LCD TV; a designer gold and sterling heart necklace; and an Apple iPad. In keeping with tradition of doing something different to kick off the party, Anne asked all the men at each table to stand and sing along with our band, to their wife or special person to the song “Sugar Pie Honey Bunch”. After praising the men’s efforts, Anne challenged the ladies to do an even better job as they serenaded their special someone to Tina Turner’s “The Best”. After an uninspiring start, Anne stopped the ladies singing effort. Realizing that they would need some help Anne brought out Karen Durrant, who headlined in Las Vegas’s “Tina Turner Review”. With “Tina’s” help the women went on to sing an inspiring rendition of the song. By this time everyone was hyped and ready to have a great time! continued on page 29


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Banquet continued from page 27 UCANE’s President-Elect Chris Walsh, W. Walsh Co., Inc. then gave the invocation and we embarked on a night of “Solid Gold” music and entertainment. Our band, Decades by DeZyne entertained us through the “Solid Gold” decades of music, showcasing the unique talent of nine gifted musicians and entertainers with tributes to The Four Tops, Motown and Michael Jackson to just mention a few. The amazing talent did not end there; Karen Durrant’s “Tribute to the Supremes” brought the night to a whole different level of excitement. Whether it was the music of the sensational Decades by DeZyne band, the tribute to the Supremes by Karen Durrant, the amazing food served throughout the evening, topped off with our fabulous Gourmet Sundae Bars and Coffee Carts, the not to be missed Sweet Endings Candy Buffet, the ladies gifts of designer sunglasses, the hundreds of light up giveaways or Anne’s unique way of giving away the raffle prizes…UCANE’s 58th Annual Banquet was “Solid Gold” from start to finish! What will stay with us long after the band has gone home and the candy has been eaten is that for a few hours we honored two of our own, and celebrated with family, business associates and friends in a way that will keep us looking forward to next year’s 59th Annual Banquet.

This incredible evening was only made possible by the generosity of our members. Therefore, UCANE would like to thank all of the companies that sponsored various segments of our Banquet. Once again, the UCANE Banquet was the event of the year not to be missed. We look forward to seeing all of you at next year’s Banquet.


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Photos by Dominic Casserly.


Hot Seafood Bar Jay Cashman, Inc. Cold Seafood Bar Concrete Systems, Inc. Martini Bar Aggregate Industries-N.E. Region HD Supply Waterworks Entertainment LiuGong& Equipment East, LLC CANDY BUFFET Eastern States Insurance Agency, Inc. Band Barletta Heavy Division Eastern Insurance Group, LLC Hinckley Allen Snyder, LLP McCourt Construction Company Shea Concrete Products United Rentals Trench Safety J. F. White Contracting Co. Sundae Bar American Shoring Inc. Gagliarducci Construction, Inc. Liddell Brothers, Inc. Robert B. Our Co., Inc. Taylor Oil Company Zurich North America All Signage RoadSafe Traffic Systems, Inc. 38

Decorations Broadstone Advisors, LLC P. J. Keating Company Palmer Paving Corporation Travelers Triumph Modular USI New England Vellano Bros., Inc. Program Book Advertisers Jay Cashman, Inc. P. Gioioso & Sons, Inc. IUOE-Local 4 Milton CAT New England Laborers’ Northeast Traffic Control Svc., Inc. E. J. Prescott, Inc. SB General Contracting, Inc. Shuman & Epstein, LLC Travelers United Concrete Products, Inc. C. N. Wood Co., Inc. & Komatsu Program Book Sponsor Albert J. Tonry & Co., Inc. Ladies Jewelry Vellano Bros., Inc.

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

NOVEMBER, 2012


Centerpieces

CleanBasins, Inc. J. D’Amico, Inc. DeSanctis Insurance Agency, Inc. Ferguson Waterworks Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P. C. SPS New England, Inc. Travelers WES Construction Corp.

Ladies’ Gifts

Albanese Brothers, Inc. Aon Construction Services Group Barker Steel, LLC Griffin Dewatering New England, Inc. A. H. Harris & Sons, Inc. Kirkland, Albrecht & Fredrickson, P. C. LM Heavy Civil Const., LLC Travelers R. H. White Const. Co., Inc.

Prizes & Surprises

Albanese D&S, Inc. Aqua-Line Utility, Inc. Baltazar Contractors, Inc. K & K Excavation Co., Inc. Lorusso Heavy Equipment, LLC S. M. Lorusso & Sons, Inc. H. R. Prescott & Sons, Inc. RJV Construction Corp. United Concrete Products, Inc.

Party Favors

ATS Equipment, Inc. A. F. Amorello & Sons, Inc. P. Caliacco Corp. DeSanctis Insurance Agency, Inc. EJ Grove Construction, Inc. I. W. Harding Const. Co., Inc. Lorusso Corporation Marois Brothers, Inc. Milton CAT R. M. Pacella, Inc. J. A. Polito & Sons Co., Inc. E. J. Prescott, Inc. Sunbelt Rentals/Case of N.E. Vianini Pipe, Inc. R. Zoppo Corp.

Plaques

Biszko Contracting Corp. Gencorp Insurance Group Lawrence-Lynch Corp. Milton CAT Northeast Traffic Control Services, Inc. Podgurski Corp. Revoli Const. Co., Inc. Schmidt Equipment, Inc. Umbro & Sons Const. Corp.

Presentation Bouquets

Social Hour

BakerCorp A. R. Belli, Inc. Dagle Electrical Const., Corp. Darmody, Merlino & Co., LLP Ferguson Waterworks HUB Int’l New England, LLC Oldcastle Precast, Inc. Qualified Pension Services, Inc. USI New England

Advantage Petroleum, Inc. C.J.P. & Sons Const. Co., Inc. FED. CORP. Feeney Bros. Excavation Corp. L. Guerini Group Inc. P. A. Landers, Inc. Metro Equipment Corp. Daniel O’Connell’s Sons, Inc. The Scituate Companies Ti-SALES, Inc.

"Solid Gold" CD

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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Marco and Christine Gioioso

40

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

NOVEMBER, 2012


he highest honor UCANE bestows on a contractor member is our Contractor Member of the Year Award. Previous recipients are some of the most respected and successful men and women in our industry who, continue year after year, to work for the betterment of our industry… and they each represent the high standard of business excellence that our Association has come to expect. This year’s recipient fit this high standard perfectly. UCANE’s 2012 Contractor of the Year, Marco Gioioso, blends family tradition and work ethic along with personal motivation as Project Manager and Secretary of P. Gioioso & Sons, Inc., the family run business is celebrating their 50th year in business this year. If you ask any of their peers about this multi-faceted company, you will understand the respect that they have for the company’s management team, their competiveness, experience and work ethic. In 1962 four family members founded the company. They immediately established their philosophy for success with core values to operate honestly with integrity and fairness, produce quality work and honor all commitments without regard to financial consequences, which still hold true today. Their belief was that these values would produce relationships that would stand the test of time and obviously they were right. Marco grew up in Watertown and later moved to Walpole, MA. In 1992, after graduating Walpole High School, he went on to earn a business degree from Springfield College. Following graduation he entered the family business. Like his family before him, Marco extended his commitment to our industry by becoming involved in UCANE at a very young age. He first joined several of our committees and later became a board member. It was

T

NOVEMBER, 2012

evident from the beginning that he would move up the ladder and take on an officer position. After serving on our board for many years, he became UCANE’s Secretary for two years…then Treasurer for two years… then President-Elect for two years and he is just completing his second year as UCANE President. In 1997 Marco married his wife Christine and they have three children, Marco Jr., Daniel and Ava. With the size of his family it was not easy to keep this award a surprise. We had one additional surprise for him. In addition to the entire Gioioso family being there to celebrate with Marco, his three children and closets friends were there as well. When our members found out who this year’s recipients were, our Banquet sold out in record time.

UCANE is proud to count Marco Gioioso and P. Gioioso & Sons, Inc. as a longtime and respected member of UCANE, and we look forward to his continued involvement in our Association. n

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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U

CANE’s Associate members are the businessmen and women who supply and service the machinery and materials…and also finance, bond, insure, litigate and support our contracting companies. We are very fortunate in that we attract the very best companies in the industry. This award is bestowed on the member recognized by their peers for their involvement in our Association, and their support of our industry. Richard Hoffman has a long history of support for UCANE and our industry. It all began with his father almost 53 years ago after a friend convinced him of the need for a local concrete pipe manufacturer. He challenged the utility industry at that time with the motto, “if you can draw it…we can build it.” Richard was raised in Scituate, MA and from the age of 10 worked at the business part-time and during summer vacations until he graduated from high school. He then attended Bryant and Stratton College in Boston where he earned a business degree. In 1964, he joined the business on a full-time basis. In 1966, Richie met his wife Helen, and they have been married for 44 years. They have four children, Ricky, Susan, Amanda and Craig. However, they were faced with every parent’s worst nightmare when at the age of 6, their son Ricky passed away from a rare form of cancer. Helen said that one of the things that troubles her most is that to this day, no cure has been found for Ricky’s type of cancer. Richard and his brother Billy now manage and operate the Scituate Companies, and are mentoring third generation family members, their sons Craig and Justin, to eventually take over the business. Today, the company is one of the largest and most successful concrete pipe and precast product manufacturers in the New England region. This award stunned Richie, because it has always been his nature to be part of the team, and he would never dream that UCANE would single him out for an award. We truly appreciate everything he

NOVEMBER, 2012

Helen and Richard Hof fman has done for UCANE and our industry, and it was our pleasure to honor him. There was a further surprise for Richie. He must have been wondering why there were two empty tables behind him…well, it was because all of his children and other family members and friends were there to help celebrate this honor with him.

It was a great pleasure to present UCANE’s 2012 “Associate Member of the Year Award” to Richie Hoffman. n

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Benefits & HR trategies Doug V. Mure, Managing Director HR Consulting and Outsourcing, Pinnacle Financial Group

Compensation Benchmarking... Now is the Time to Implement This Key HR Strategy As we approach the end of another calendar year, many employers start thinking about salary budgets and plans for merit increases for the next fiscal year. Certainly, employees are keenly interested in whether or not they can expect an increase (and how much), which has not always been an annual event in these difficult economic times. Do you have a compensation strategy or do you simply apply the “I’ll give everyone an average increase based on what we can afford” approach? Is this the best way to incentivize your key contributors or could you be losing key employees to competitors due to salary issues? eveloping a compensation strategy is one Consider Data Sources

D

way to avoid underpaying (and losing your key employees) or overpaying (affecting profitability). Giving some thought to the process now and taking a proactive approach may avoid common, undesirable scenarios such as when a key employee comes to you with a competitor’s offer and demands that you match it to keep him or her from jumping ship. Even if you manage to keep the employee from leaving, you’re in a situation in which the employee has already started to look elsewhere. The following are some suggestions for you to consider as you develop a compensation strategy for your company:

Identify Key Positions While it may not be practical or necessary to obtain market data on all positions, determine those titles that are critical to the success of your firm. These should be the positions that are both common and critical in your industry; otherwise, finding valid correlating data might be difficult.

NOVEMBER, 2012

It is not always easy to obtain comparable salary data. Even if a competitor is willing to share, antitrust regulations may consider this type of information-sharing as potential “price-fixing.” This can be avoided by having a third-party collect and produce a confidential report without identifying individual company data. There are some well-known online resources, such as salary.com, payscale.com or the DOL Bureau of Labor Statistics to research data. Keep in mind that these resources typically draw their data from a national database. Compensation rates in metro areas like Boston will vary significantly from similar positions in more rural or even suburban locations. Another good source may be your own industry association. Check with your local affiliate to ask if they maintain a compensation database. Fee-based resources are also available from various consulting firms. For example, at Pinnacle, continued on page 47

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Benefits & HR Strategies continued from page 45 we subscribe to ERI (Economic Research Institute), which provides compensation data for over 5,000 titles, and searches can be customized to address variables such as industry and geography. At the very least, make sure your data is relatively current and includes a job summary, statistical ranges (at various percentiles), years of experience and industry source. It may not be necessary to conduct a market analysis annually, but be sure to adjust any prior year’s data for inflation.

Determine Your Market Rate Once you have collected the data, you can define your compensation philosophy. Are you satisfied with meeting the market, i.e., paying at the median or midpoint for similar positions? Do you want to be a market leader, targeting the 75th to 90th percentile as your benchmark goal in order to attract and retain top talent? Some companies’ philosophy is to lag the market in base pay, paying below the midpoint, and creating incentive plans that “pay for performance.” The right answer will be unique to each employer's culture. And within your structured strategy,

there will always be those exceptions that require some flexibility. For example, filling a key role may require paying near the top of the scale (or even beyond) despite a “meeting the market” philosophy. The important thing is to recognize, and even document, that you are deviating from your philosophy in this one instance so that this salary level doesn’t become the “new norm.”

Salary Ranges – Yes or No? One of the final steps in a well-designed compensation strategy is to decide on the use of salary ranges for each position. Some companies find salary ranges too restrictive, but it is an effective way to assign a minimum, midpoint and maximum salary for positions that may have multiple incumbents. Once you have developed a market rate for the position as determined by both the market data and your compensation philosophy, a typical range would fall somewhere between 80% (the minimum) and 120% (the maximum) of the market rate for a mid-level position. Ranges for executive positions tend to be somewhat broader and ranges for entry-level positions somewhat narrower. The advantage of creating salary ranges is that it allows you to see where each individual falls within continued on page 49

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Benefits & HR Strategies continued from page 47

Performance

the range. As you develop your merit increase recommendations, you may decide to give the individual in the lower end of the range a greater increase than someone in the higher end, assuming similar performance and responsibility. It is fairly simple to create a matrix that illustrates potential increases equitably yet consistently in line with their individual performance, as opposed to the “everyone gets xx%” approach. A typical matrix, utilizing a 3% “average” budget increase would look like the following:

Salary Within Range MIN

MIDPOINT

MAX

Above AVG

5%

4%

3%

AVG

4%

3%

2%

Below AVG

2%

1%

0%

It also allows you to determine which employees are below the minimum or exceed the maximum. For those below the minimum, it may justify a need for a more significant equity adjustment. For those who exceed the maximum, a promotion or a salary freeze may be in order. In either case, it may be a simple matter of misclassification.

A compensation strategy should never be viewed as a set of ironclad rules that box you in, but rather as a set of professional guidelines that will assist the company in the fair and equitable distribution of salaries for all employees.

2013 Salary Forecast Trends The Society for Human Resource Management recently reported that “U.S. salary budget forecasts for 2013 are continuing to be rolled out by pay consultants/researchers and while there are some differences around the margins, the consensus remains steady for an average increase of 3 percent...despite a recent spate of mixed to gloomy economic news relative to growth levels in the U.S. and the continued uncertainty relative to the sovereign debt issue in Europe.” Companies are more concerned about employee retention, competitiveness and skill shortages, which will result in more uniform pay increases and fewer incidences of the salary freezes of past years. All this reinforces the need to take a fresh look at your compensation strategy and establish a more market data-based, structured approach that will facilitate and support your compensation decisions in 2013 and beyond. n

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Darmody, Merlino & Co., LLP Certified Public Accountants and Consultants

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John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

SPECIAL REPORT: • The Surpreme Court’s Health Insurance Decision: What It Means to You Now • New Tax for High-Income Taxpayers • Trusts and Estates May Owe the Surtax, Too • Additional Medicare Tax for Certain High-Income Taxpayers

T

The Supreme Court’s Health Insurance Decision: What it Means to You Now

he Supreme Court has let stand most of the provisions of two federal laws passed in 2010 by holding the requirement that most Americans purchase health insurance constitutional. Those laws, the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act, contains multiple provisions, some of which already have gone into effect. The most contentious provision of those laws— the requirement that most Americans purchase health insurance—won’t take effect until 2014. That provision is extremely complicated with both penalties for noncompliance and subsidies for people at certain income levels. The IRS has promised more guidance in this area. Expect more information to come in the future, as the time for compliance draws near, and the federal government fills in the details. That said, some provisions of these major laws will go into effect in 2013, as scheduled. If you know what will change next year, you may be able to adjust your plans accordingly.

Did You Know? Federal health insurance legislation passed in 2010 allowed parents to keep children up to age 26 on their health insurance. According to the Department of Health and Human Services, 3.1 million young adults were able to access health insurance because of the law. The proportion of insured adults age 19-25 climbed to nearly 75% as a result. Source: Reuters.com

continued on page 53

NOVEMBER, 2012

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Financial Management continued from page 51

New Tax for High-Income Taxpayers

S

tarting in 2013, certain taxpayers will owe an additional 3.8% “Medicare” tax. (The money raised will be allocated to the Medicare program.) To be affected, you must have both an ample gross income and income from investments. • Gross income. This 3.8% surtax applies to taxpayers filing joint returns or surviving spouses with modified adjusted gross income (MAGI) over $250,000, married individuals filing separate returns with MAGI over $125,000, and all other individuals with MAGI over $200,000. MAGI, for this purpose, is your regular AGI plus any foreign earned income you’ve excluded. “MAGI and AGI will almost always be the same,” says Bob Keebler of Keebler & Associates, a tax advisory and CPA firm in Green Bay, Wisconsin. “MAGI does not include tax-exempt income, excluded gain on the sale of a principal residence, or veteran’s benefits.” • Investment income. This includes taxable interest, dividends, capital gains, annuities, royalties, and real estate rentals. The tax is on net investment income, so you’ll subtract expenses such as investment interest you’ve paid.

Crunching the Numbers The tax will be owed on the lesser of the two numbers. One is your net investment income: the other is the amount by which your MAGI exceeds the relevant $125,000, $200,000, or $250,000 threshold. Example 1: Phil Roberts, a single taxpayer, has MAGI of $300,000 in 2013 but no countable investment income because he invests solely in tax-exempt bonds. With net investment income of zero, Phil will

not owe the 3.8% surtax, no matter how high his AGI or MAGI might be. Example 2: Suppose that Phil has the same $300,000 of MAGI in 2013, but it includes $75,000 of net investment income. Now, Phil’s net investment income ($75,000) is less than the $100,000 excess over his $200,000 MAGI threshold. The 3.8% is imposed on the smaller amount, so Phil will owe 3.8% of $75,000 in surtax: $2,850. Example 3: Now suppose Phil Roberts’ $300,000 of MAGI in 2013 includes $125,000 of net investment income. Phil is still $100,000 over the MAGI threshold, but that overage is less than his $125,000 of net investment income, so he will owe a $3,800 surtax: 3.8% of $100,000.

First Call You cannot reduce the 3.8% surtax by taking large itemized deductions, such as charitable contributions and mortgage interest. This surtax is based on your AGI, which you report on the bottom of page 1 of your income tax return. Anything that swells your AGI—including capital gains and retirement plan distributions—increases the likelihood that you’ll be over the MAGI threshold for your tax filing status and, thus, owe the surtax. continued on page 55

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• New Units with Hand Sanitizers • Specializing in Units for Construction Sites • Handicapped Units Available

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Financial Management continued from page 53

T

Trusts and Estates May Owe the Surtax, Too

he 3.8% Medicare surtax described in the article, “New Tax for HighIncome Taxpayers,” is not limited to individual taxpayers. Trusts and estates also may owe the tax. For trusts and estates, the calculation is slightly different than it is for individuals. Starting in 2013, trusts and estates will owe the 3.8% surtax on the lesser of (a) undistributed net investment income or (b) the excess of adjusted gross income (AGI) over the threshold for the highest estate and trust income tax bracket. In 2012, trusts and estates owe the highest tax rate (35%) on taxable income over $11,650. After adjusting for inflation, it’s likely that figure for 2013 will be around $12,000.

2013, the trust earns $60,000 of net investment income, of which $40,000 is distributed to the beneficiaries. Thus, the trust has $20,000 of undistributed net investment income. If the top trust tax rate applies to taxable income over $12,000 next year, and the trust’s adjusted gross taxable income is $20,000, it is $8,000 over the threshold. The 3.8% surtax applies to the smaller amount—$8,000 instead of $20,000—in this example. Executors and trustees may want to reduce investment income in order to reduce exposure to steep income tax rates and the 3.8% surtax. Tax-efficient tactics might include investing in municipal bonds and low-dividend growth stocks, as long as such holdings fit with overall investment plans.

Example: Wendy Miller died a few years ago and left $1 million in trust for her two children. In

continued on page 57

Supports New England’s Contractors Engineered to accommodate your excavation, our excavation support systems are your solution for: • Underground utility installations • Sewer installations • Lift station construction • Much more Mabey also carries a full line of trenchboxes, road plates, pipe plugs and slide rail products. Call today and learn more about Mabey’s complete line of solutions to support your excavation project

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Financial Management continued from page 55

Additional Medicare Tax for Certain High-Income Taypayers

U

nder current law, all workers pay 1.45% of their wages to the Medicare hospital insurance program. Employers pay a matching 1.45%; selfemployed individuals pay both sides, for a total of 2.9%. This tax generally applies to all wages and self-employment income with no cap.

Starting in 2013, some taxpayers will owe an additional 0.9% on wages from employment or self-employment income. The tax applies to taxpayers filing joint returns with combined wages or self-employment income over $250,000 (married taxpayers filing separately with wages or self-employment income over $125,000). For all other taxpayers the threshold is $200,000. For self-employed taxpayers, the amounts are reduced by the amount of wages taken into account in determining the FICA tax of the taxpayer(s). However, only the excess of the wages or self-employment income that is over the threshold is subject to the additional tax. Example 1: John Mason, a single taxpayer, works for ABC Corp. with a salary of $220,000 per year. On the first $200,000 of that income John will pay Medicare tax of 1.45% and ABC will also pay 1.45% in Medicare tax on John’s behalf. On the last $20,000, ABC will continue its 1.45% employer payment, but John’s Medicare tax rate will increase from 1.45% to 2.35%. In this example, John pays an extra $180 in tax due to the tax increase: 0.9% of the excess $20,000. If John is self-employed, the same principle applies. Starting in 2013, assuming that he earned no wages subject to FICA during the year, he will have to withhold a

NOVEMBER, 2012

total of 2.9% of all earnings up to $200,000 and 3.8% (2.9% plus the additional 0.9%) on all earnings above that. Although self-employed taxpayers are allowed an above-the-line deduction for the employer’s share of the Medicare tax, the additional 0.9% Medicare tax is considered the employee’s share, so it is not decontinued on page 59

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fter serving major contractors for more than 50 years, the Driscoll Agency truly understands the unique risks, insurance requirements and surety demands of the construction industry. Managing risk can be very difficult. Which is why it’s critical to obtain adequate and proper insurance coverages. Our underwriting specialists will work with your best interests in mind when proposing solutions to your insurance needs. When it’s time to navigate through the complexities of surety bonding, you can rely on our expertise and connections to get you aggressive representation and unbeatable access to industry decision-makers.

“The entire surety bonding team at Driscoll has the experience, expertise and industry contacts to give us the best possible representation and service. In an industry as specialized as ours, we wouldn’t consider letting any other agency handle this important need of our company.” – Satisfied Client To discover the Driscoll difference, contact Tim Lyons, Bond Department Manager at 781-421-2560 or tlyons@driscollagency.com.

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Financial Management continued from page 57 ductible on John’s income tax return. Note that this 0.9% surtax is on earned income, not on gross income or taxable income.

Spousal Situations As mentioned previously, this tax is applied to the joint wages from employment or self-employment income of married couples filing joint returns over $250,000 per year. However, employers usually have no way of knowing the wages or self-employment income of an employee’s spouse, so companies generally will start the extra withholding on an employee’s wages over $200,000 per calendar year, which is the threshold for a single taxpayer. Therefore, for a couple where both spouses are employees, withholding typically will be based on each individual spouse’s wages. This might lead to improper withholding. Example 2: Victor Morgan is employed by XYZ Corp. In 2013, Victor’s salary is $190,000, so XYZ does not withhold the 0.9% surtax from any of Victor’s paychecks. However, Victor’s wife Kim, also has $190,000 of wages in 2013, and her employer also does not withhold the surtax. Thus, the couple’s $380,000 of combined wages is over $250,000 threshold by $130,000. They will owe $1,170: 0.9% of $130,000. Working couples in such situations may have to

make estimated tax payments. Otherwise, they could owe underpayment penalties when they file their tax return for the year at issue due to the withholding shortfall. Other couples will be in the opposite situation, having had more tax withheld than necessary. Example 3: Gloria Allen earns $240,000 from her job in 2013, so her employer withholds an extra 0.9% on $40,000 of her income. However, Gloria’s husband is retired with no earned income, so the couple has a total of $240,00 of combined wages from employment for that year. The Allens do not owe the 0.9% extra Medicare tax, so they will have $360 of surplus withholding (0.9% of $40,000). Reprinted from CPA Client Bulletin. n

Crushed Stone & State Specified Dense Graded Base Manufacturer & Installer of Bituminous Concrete Products:

M.B.S. Construction Services/Paving Holden Trap Rock Co. 2077 N. Main Street (Route 122 A) Holden, MA 01520 Tel: 508-829-5353 Fax: 508-829-9346

Berlin Stone Co. 332 Sawyer Hill Rd. (off Rt. 62 & 495) Berlin, MA 01503 Tel: 978-838-9999 Fax: 978-838-9916

Don’t dig yourself into trouble... The Perfect Excavation: • Pre-mark the location of intended excavation using white stakes, paint or flags. • In MA, ME, NH and RI, notify Dig Safe® at least 72 business hours in advance. • In Vermont, notify Dig Safe® at least 48 business hours in advance. • Notify non-member facility owners. • Maintain the marks placed by underground facility owners.

Call

• Use caution and dig by hand when working within 18” of a marked facility. • If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged. • Call 911 if the damaged facility poses a risk to public safety. • Know your state’s excavation requirements. Go to digsafe.com for educational material and current laws.

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E.H. Perkins Construction, Inc. & Subsidiaries P.O. Box 301, Wayland, MA 01778 (508) 358-6161 • (781) 890-6505

-PLANT LOCATIONSQuinn-Perkins S & G Co. Burlington (781) 272-0200 Pandolf-Perkins Co. Sterling (978) 422-8812 • (800) 339-3389 Kane-Perkins Co. Hudson (978) 562-3436 • (800) 287-3436 GRAVEL • SAND • STONE FILL AND LOAM BITUMINOUS CONCRETE (PAVING) READY-MIX CONCRETE PRECAST CONCRETE PRODUCTS

E 60

H

P

Advertisers’ Index ATS Equipment, Inc. ...........................................................26 Adler Tank Rentals ..............................................................28 Aggregate Industries-New England Region...........................6 American Shoring Inc............................................................4 Arruda Trenchless Construction..........................................48 Boro Sand & Stone Corp......................................................48 Dennis K. Burke, Inc............................................................52 Concrete Systems, Inc......................................................... 24 Dagle Electrical Construction, Corp....................................10 Darmody, Merlino & Co., LLP............................................50 DeSanctis Insurance Agency, Inc. .......................................54 Dig Safe System, Inc............................................................59 The Driscoll Agency ............................................................57 EJ..........................................................................................30 Eastern Pipe Service, LLC.................................................. 46 Eastern Insurance Group, LLC............................................22 Eastern States Insurance Agency, Inc................................. 46 T. L. Edwards, Inc................................................................50 Ferguson Waterworks...........................................................49 Ford Meter Box Co...............................................................58 Genalco, Inc............................................................................7 Geod Consulting, Inc..............................................................9 L. Guerini Group, Inc...........................................................52 HD Supply Waterworks..........................................................2 A. H. Harris & Sons, Inc. ....................................................56 Hinckley Allen Snyder, LLP................................................36 P. A. Landers, Inc.................................................................53 Lawrence-Lynch Corp............................................................9 Liddell Brothers Inc..............................................................16 Lorusso Corp........................................................................13 Lorusso Heavy Equipment, LLC.........................................14 Mabey, Inc............................................................................55 Mass Broken Stone Company...............................................59 Milton CAT...........................................................................42 North East Shoring Equipment, LLC...................................58 Oldcastle Precast...................................................................47 Our Outhouses, Inc...............................................................54 Palmer Paving Corporation..................................................48 E. H. Perkins Construction Co., Inc.................................... 60 Podgurski Corp....................................................................54 E. J. Prescott, Inc..............................................Ins. Front Cvr. Rain For Rent-New England.................................................12 Read Custom Soils ...............................................................11 Rodman Ford.................................................... Ins. Back Cvr. Schmidt Equipment, Inc.......................................... Back Cvr. The Scituate Companies.......................................................32 Smith Print............................................................................52 Sunbelt Rentals/Case of N. E...............................................34 System Support Corporation..................................................5 Taylor Oil Company.............................................................50 Ti-SALES, Inc. ....................................................................15 Albert J. Tonry & Co., Inc....................................................58 United Concrete Products, Inc. ............................................56 United Rentals Trench Safety...............................................18 C. N. Wood Co., Inc. ..............................................................8 Woodco Machinery, Inc...................................................... 44

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NOVEMBER, 2012


Brett Rodman Vice President 508.698.4122

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John Hayes Fleet Manager 508.698.4126

CALL US TODAY 508-543-3333

Route One Foxboro, MA 02035 save@rodmanford.com www.rodmanford.com


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Many of the refinements found in our K-Series Loaders are the product of the brightest minds in nemyeonutsrsfo. uLnodaidneoruo r Kw-Sneerriess aLn oaddu erssearrse sthuecphroadsuyco t ouf tta helkberd ig,hw teestlm tMhaenyinodf uthsetrreyfi— isitnedns eindt,haeninddtuhsteryK— -Syeoruierss. Lisoader owners and users such as you talked, we listened, and the K-Series is the result. Loaded with productivity and uptime-boosting features such as quieter, more tshpaecrioeussuclatb. sL.oEandhaendcewdiQthuapdr-oCdooul™ctsiyvsitteymasn. dMourpetpim e-boosting features such as quieter, more spacious owerful hydraulics. Easier-to-view monitors with expanded functions. And a longer list of coaptbiosn. sE. nThhianknincgedbigQ?uSatodp-Cinotoodl™aysoyrsgtievemuss. aMcaollr,eanpdolw Eaayssiethre-tsoe -JvoihenwDemeroens iwtoillrhsaw eteursfu shlohwyd yoruau alllitchse. w veityh ou thinking K-Series. expanded functions. And a longer list of options. Thinking big? Stop in today or give us a call, and let us show you all the ways these John Deeres will have you thinking K-Series.

Contact us today! Contact us today!

www.SchmidtEquipment.com www.Sch5mLidotcEaqtiuoinpsment.com Se5rvLinogcaMtiAon&s RI (S8e0rv0i)n9g2M 2-A8& 29R5I (800) 922-8295


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