Construction Outlook April 2013

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

APRIL, 2013

MassDEP, MWRA & BWSC Agency Heads Forecast Sustained Level of Underground Water and Sewer Projects

• MWRA FY13-FY14 Upcoming & Ongoing Projects • BWSC 2013-2015 Capital Improvement Program • Tackling the Water Infrastructure Funding Gap

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IN THIS ISSUE

OFFICERS President AL MORTEO FED. CORP. President Elect TONY BORRELLI Celco Construction Corp.

Treasurer JOHN OUR Robert B. Our Co., Inc. Secretary PAUL SCENNA Albanese D&S, Inc.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. JEFF BARDELL Daniel O’Connell’s Sons, Inc. VINCENT BARLETTA Barletta Heavy Division MICHAEL BISZKO, III Biszko Contracting 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. MARCO GIOIOSO P. Gioioso & Sons, 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. RICHARD PACELLA, JR. R. M. Pacella, Inc. LOUIS SCHOOLCRAFT Ti-SALES, Inc. ANNE KLAYMAN Executive Director

5 President’s Message:

Massachusetts Water Infrastructure Finance Commission’s Blueprint to Address Water Needs

7 Legislative Update:

• House and Senate Leaders Announce Transportation Financing Plan • NEWEA Hosts Legislative Luncheon to Discuss Water Infrastructure Needs; Commissioner Kimmell Provides Key Insights • Patrick Administration Signals Commitment to Service-Disabled Veteran-Owned Small Businesses Through Executive Order • Mayor Menino Decides Against Run for Re-Election; Potential Successors Begin to Assess Candidacies for Mayor of Boston

14 UCANE’s March Dinner Meeting:

Agency Heads Forcast Sustained Level of Underground Water and Sewer Projects

19 MWRA FY13-FY15 Upcoming Construction Awards 25 MWRA FY13 Ongoing Capital Improvement Projects 28 BWSC 2013-2015 Executive Summary of Capital Improvement Program and Upcoming Projects 37 Tackling the Water Infrastructure Funding Gap: Initiatives Currently Before the Massachusetts Legislature 44 UCANE’s 2nd Annual Trade Show...Another Huge Success!

46 Save the Date...UCANE’s 34th Annual Golf Classic 47 The Importance of Business Succession Planning 49 Environmental Viewpoint:

Voluntary Disclosure and the EPA’s Small Business Compliance Policy

51 LLS of Massachusetts 4th Annual “Gala for a Cure” 53 Financial Management: • • • • • •

Reducing Uncertainty, Increasing Complexity Restoring a Higher Tax Bracket Lower Incomes, Higher Taxes Estate and Gift Taxes Have Been Clarified Breaks for Business Owners AMT Relief, Child Tax Credit, and More

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Al Morteo Editorial Board: Al Morteo, Tony Borrelli, 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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Massachusetts Water Infrastructure Finance Commission’s Blueprint to Address Water Needs With the onset of warmer weather and the start of a new construction season, we have been bombarded with the media frenzy surrounding the need to find funding sources for our ailing transportation infrastructure. It is a serious problem that will likely require increased revenue and additional reforms. However, while our membership works every day to deliver high quality and safe projects, we know that another big question looms. How is the Commonwealth and particularly, how are the cities and towns of the Commonwealth going to address our drinking water and wastewater infrastructure needs?

W

hile our work underground is not necessarily as visible as the trains, buses, or roads above ground, drinking water and wastewater infrastructure is equally important. Our health, environment, and ability to create jobs depend on a functioning and robust water and wastewater infrastructure. Similar to the excellent work done by the Transportation Finance Commission on the Commonwealth’s transportation needs a number of years ago, the Massachusetts Water Infrastructure Finance Commission’s report last year laid out a blueprint for action on the Commonwealth’s water needs. Without at least $200 million annually in additional funding investments combined with various reform policies, the Commonwealth will not be able to properly maintain and upgrade our water and wastewater infrastructure in the manner required.

Therefore, in an effort to promote the work of the Massachusetts Water Infrastructure Finance Commission, UCANE and many other groups have been spreading the message about the need to invest in our drinking water and wastewater infrastructure. Just like transportation finance reform, the success of our efforts relies on impacted users getting involved. Mu-

APRIL, 2013

nicipalities, state agencies, elected officials, businesses, residents, environmental organizations, business organizations, and even contractors need to weigh in on this important issue. In this issue of Construction Outlook, we include an article on page 37 detailing some of the legislative matters that have been filed in response to the commission’s report. I encourage you to read this article for a general overview of the questions and possible solutions before our state legislature. It is our hope to provide additional information in subsequent issues to keep you informed about this important matter.

For our part, UCANE will continue its work to educate elected officials and agency personnel about the need to invest in our drinking water and wastewater infrastructure today. Moreover, we will continue to work with others to ask how the Commonwealth and its cities and towns intend to address our drinking water and wastewater infrastructure needs tomorrow. n

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House and Senate Leaders Announce Transportation Financing Plan

nder a transportation-financing plan released

by Speaker Bob DeLeo and Senate President Therese Murray in early April, the gas tax would increase by 3 cents per gallon indexed beginning in 2015. An estimated $110 million would come from the 3 cent increase in the state's 21 cent gas tax starting in 2015, with future gas tax increases tied to inflation.

According to the State House News Service, the proposal would generate just over $500 million in annualized new revenues to support transportation, about a quarter of the new funding sought by Governor Patrick for infrastructure and education and half of what Patrick proposed for transportation. House and Senate Democratic leaders also proposed generating $165 million in new revenue from new taxes on cigars, cigarettes, and smokeless tobaccos, including a $1 per pack hike in the cigarette excise tax.

Further, the proposal involves $161 million from a tax code change to apply the state's 6.25% sales tax to

computer system design services, and $83 million from changes to the utility classification and sales sourcing for tax reporting.

In documents provided by House and Senate leadership, the proposed financing plan would provide "forward funding" for the regional transit authorities in 2014. In addition, the proposal would finally allow MassDOT to move all employees onto the operating budget by 2016 to stop paying for personnel with borrowed funds.

House and Senate leadership opted against adopting a large gas tax increase speculating that gas consumption, with higher fuel efficiency from vehicles, has declined and will continue to decline over the next five years. The House anticipates taking up its financing plan before it undertakes the fiscal year 2014 budget debate, which will occur towards the end of April. The Senate will then take up the financing plan shortly thereafter. continued on page 9

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APRIL, 2013

Legislative Update continued from page 7

NEWEA Hosts Legislative Luncheon to Discuss Water Infrastructure Needs; Commissioner Kimmell Provides Key Insights

A

t the end of March, the New England Water tion. He further noted that the cost of any regional wastewater management plan is going to be far less Environment Association (NEWEA) held a legthan the cost of town by town plans to address the islative luncheon and briefing on water infrapollution issues. structure needs facing the Commonwealth. Many participants, of whom UCANE was included, listened to a In looking at innovative technologies and the wide array of speakers address different areas of the public/private partnerships, the Commissioner stated water infrastructure problem. Representative Carolyn that the agency is looking at new ways in which the Dykema, former Co-Chair of the Massachusetts Water DEP can become more of a partner with municipaliInfrastructure Finance Commission (MWIFC), providties. In particular, the DEP is trying to provide DEP ed an overview of the Commission’s report in addition regulatory relief so that they are encouraged to try to her recently filed legislation to fund the Commonnew technologies without fearing the agency if those wealth’s water infrastructure gap. Mayors from Evertechnologies do not work. He concluded his remarks ett, Gloucester, and Gardner provided input as to both by emphasizing that his agency is truly trying to work their municipalities’ water infrastructure strategies and with municipalities in partnership as everyone begins issues facing municipal officials. to address what is the Commonwealth’s next looming problem after transportation financing – water infraCommissioner of the Massachusetts Department structure funding. of Environmental Protection, Kenneth Kimmell, addressed the myriad of issues facing his agency. On continued on page 11 primacy, the Commissioner noted that the United States Environmental Protection Agency can oversee the Clean Water Act (CWA) or it can be delegated to the state Water Works Specialists (DEP). Massachusetts is one of the remaining states that have not Water - Sewer - Drain Supplies accepted this delegation (46 other states manage the CWA via state at a Competitive Price “Our Products Are Some DEP delegation). The Governor, in of the Most Trusted Waterworks Supplies his budget appropriation, has proNames in the Industry” Sanitary Sewer Supplies vided DEP with additional funds to 24 Hour Storm Sewer Supplies begin to look at this process more Sales & Service Safety Equipment & Tools closely.

Serving Mechanical Piping With respect to the issue of all of Tapping Sleeves & Gate Installed/Cut Cape Cod nutrient pollution, ComNew England Line Stops missioner Kimmell noted the probCutting Chilled Water Lines & Steam Lines lem with nitrogen, erosion of eel grass, odors, etc. is of particular Pressure Testing & Disinfection of New Mains concern not only for the residents Installation & Testing of Back Flow Preventors of the Cape, but also the tourism Large Diameter Hydraulic Pipe Cutting industry which is so important to Hydrant Installation & Repair the region, specifically, and Massachusetts, generally. He further noted that the $3.5 million grant 672 Union Street from the Massachusetts Water Rockland, MA 02370 Pollution Abatement Trust going Tel: 781-878-8098 Fax: 781-878-5298 to the Cape Cod Commission will www.hoadleyandsons.com fund the design of a regional solu-

APRIL, 2013

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APRIL, 2013

Legislative Update continued from page 9

Patrick Administration Signals Commitment to Service-Disabled Veteran-Owned Small Businesses Through Executive Order

A

ccording to a recent press release, Governor Patrick has signed an Executive Order to help small businesses owned by disabled veterans increase access to contracts for public projects in the areas of construction, design, and goods and services procurement.

The Executive Order directs the Executive Office of Administration and Finance (A&F) to define program requirements and guidelines. A&F will then implement a participation goal requirement for servicedisabled veteran-owned small businesses to gain access to contracts for public projects in the areas of construction, design, and goods and services procurement. A&F will also establish a Service-Disabled Veteran-Owned Business Enterprise Program to oversee the inclusion of business enterprises owned and controlled by service-disabled veterans in all areas of state procurement contracting.

The Executive Order stems from the passage of

“An Act Relative to Veterans’ Access Livelihood, Opportunity, and Resources” (The VALOR Act), which Governor Patrick signed last year. The legislation was passed in an effort to provide greater assistance to help veteran-owned small businesses participate in public projects. It is thought that the Administration’s implementation of the Executive Order will help create jobs and reduce veteran unemployment.

According to the Patrick-Murray Administration, there are 124 service-disabled veteran-owned businesses certified by the U.S. Department of Veterans Affairs located in Massachusetts. More than 385,000 veterans currently live in Massachusetts, including over 42,000 men and women who have served in Iraq and Afghanistan since 9/11. The Patrick-Murray Administration has committed to ensure newly returning veterans, as well as Massachusetts’ aging veteran population, continue to receive quality health, education benefits, housing and employment services to honor their service. continued on page 13

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Legislative Update continued from page 11

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Mayor Menino Decides Against Run for Re-Election; Potential Successors Begin to Assess Candidacies for Mayor of Boston

oston Mayor Thomas Menino recently announced that he would not seek an unprecedented sixth term. Menino, who first took office in 1993 when then Mayor Ray Flynn was appointed Ambassador to Vatican City, vowed that he plans to stay involved in Boston civic life, describing his announcement as a new chapter in his career. He also reminded residents of Boston that he still has another nine months in office, and plans to use them. Most recently, Menino has been focused on overhauling the public school assignment system to make sure residents from every neighborhood have access to good schools.

In light of Mayor Menino’s announcement, local elected officials and residents began to weigh potential runs for higher office. Boston City Coun-

cilor John Connolly, who had already launched his mayoral campaign, planned to run regardless of Menino's decision not to seek another term. Suffolk County District Attorney Daniel Conley, who worked on Menino's first campaign for City Council in 1983, will also seek the seat.

State Representative Martin Walsh, a Dorchester Democrat and Chairman of the House Ethics Committee, has also indicated that he is interested in pursuing the seat. Other potential contenders include State Representative Jeff Sanchez, the current House Chairman of the Joint Committee on Public Health; City Councilor Rob Consalvo, and City Councilor Mike Ross. The election for Mayor occurs this November. n

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UCANE’s March Dinner Meeting

Agency Heads Forecast Sustained Level Of Underground Water And Sewer Projects

Ken Kimmell

Fred Laskey

John Sullivan

MassDEP Commissioner

MWRA Executive Director

BWSC Chief Engineer

W

hen UCANE announced that three top Massachusetts state agency heads were scheduled to forecast the underground utility work for the coming year, it was understandable why this meeting would draw a record number of attendees.

UCANE’s 2013 Forecast Dinner Meeting and Trade Show, sponsored by Todd McDonald and Broadstone Advisors, LLC, held at the Sheraton Four Points Hotel, Norwood, MA drew over 250 members and guests.

The majority were encouraged by what they learned from the three presenters who know the underground water and sewer issues facing Massachusetts literally from the “ground up”.

UCANE President Al Morteo opened the meeting with welcoming remarks and then turned the program over to Executive Director Anne Klayman, who introduced our new members and guests who were in attendance, as well as four prospective members.

Anne then introduced MassDEP Commissioner Ken Kimmell, who spoke about the track record of the Massachusetts State Revolving Loan Fund Program (SRF), as well as the challenges facing the SRF in 2013. All in all he expressed a generally positive

14

outlook for the number and dollar value of water and sewer projects projected for the coming year. (See the February 2013 issue of Construction Outlook magazine for the MassDEP Draft CY13 Clean Water and Drinking Water SRF lists.) UCANE members will be notified when the finalized project list is available and it will also be posted on our website.

However, he did raise concerns about the ability of cities and towns to fund projects and his department’s potential budget cutbacks, which would negatively affect both monitoring and enforcement activities. He generally approved of Governor Patrick’s budget, which included new taxes for a number of important infrastructure improvements. He also mentioned that the MassDEP granted over $3 million to study and come up with plans to resolve Cape Cod’s nitrogen problem. He cited the Cape as an important economic engine for the state.

Next, MWRA Executive Director Fred Laskey presented a slide show highlighting recently completed projects, projects currently underway, (particularly those being done by UCANE members), and projects coming out to bid. (See page 19 for the complete list of anticipated projects.)

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

APRIL, 2013

Boston Water & Sewer Commission’s Chief Engineer John Sullivan followed by presenting an overview of the 2013-2015 Capital Improvement Program and a detailed review of BWSC projects that are expected to be put out for bid in the next three years. (See page 28 for the BWSC list.)

The general consensus of the three keynote speakers was that there would be a sustained level of underground water and sewer construction for the immediate future.

According to the presenters, the need for clean drinking water, wastewater pipeline, and treatment facilities will continue to grow in order to meet the needs of our citizens, as well as to build the foundation for business and job growth.

APRIL, 2013

Their presentations illustrated that the environmental problems our state faces and the subsequent cost to remedy these problems, will pose a tremendous financial challenge on this and future generations. There was also a consensus amongst the presenters that there was a huge issue regarding where to put contaminated soil removed while working on the projects. Commissioner Kimmell informed attendees that the MassDEP was aware of the problem and was actively negotiating to expand existing landfills and possibly find new locations within the state to dump soil.

Concern was also voiced about the lack of public understanding of the complexities involved in developing and then constructing a viable, efficient, and reliable continued on page 17

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APRIL, 2013

Dinner Meeting continued from page 15 drinking water and wastewater infrastructure network, which will allow our state to prosper. The presenters also expressed the need to inform the public and our elected officials about the success of the SRF program, which is essential if the program is to successfully compete for limited resources with other equally important social programs.

We at UCANE want to thank our speakers for taking time out of their busy schedules to join us and for their informative presentations. The consensus among those in attendance was that the meeting met and

APRIL, 2013

exceeded their expectations, with regard to providing the detail and background on each agency’s prospective projects. This is one of the best examples of government and private industry working together for the good of the citizens of the Commonwealth.

We would also like to thank our Construction Outlook advertisers who participated in our trade show prior to the meeting. Once again it was a huge success.

(Article on page 44.) n

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FY13–FY15 Upcoming Construction Awards

Massachusetts Water Resources Authority Upcoming Construction Awards

Project

Phase

Notice to Est. Contract Proceed Amount ($000)

FY13 Anticipated Awards DI Treatment Plant Asset Protection

Deer Island Sludge Pump Pipe Support

Apr-13

$815

Reserved Channel Sewer Separation

Contract 6 (Downspout Disconnections)*

May-13

$900

DI Treatment Plant Asset Protection

Electrical Equipment Upgrade-Construction 4

May-13

$11,300

Weston Aqueduct Supply Mains

Watertown Section Rehabilitation

May-13

$1,900

DI Treatment Plant Asset Protection

NMPS & Winthrop Terminal Facility Butterfly Valve Repl.

Jun-13

$10,000

Facility Asset Protection

Screens Conveyance-Construction Nut Island Electric & Grit/Sreens

Jun-13

$8,046

DI Treatment Plant Asset Protection

Roof Replacement Phase 3

Jun-13

$1,300

Clinton Wastewater Treat Plant

Clinton Tank Rehabilitation

Jun-13

$3,111

DI Treatment Plant Asset Protection

Clarifier Tip Tube Replacement

Jun-13

$20,000

Facility Asset Protection

DeLauri Pump Station Upgrades

Jun-13

$407

NIH Redundancy & Storage

Gillis Pump Station Improvements

Jun-13

$3,944

Cambridge Sewer Separation

Cambridge Contract 8B (Huron Ave B)*

Jul-13

$17,500

Facility Asset Protection

Diesel Engine Upgrade/Prison Point Pump/Gearbox Rebuild

Aug-13

$5,000

DI Treatment Plant Asset Protection

Thermal Power Plant Boiler Control Replacement

Aug-13

$1,000

SOM01A

Inerceptor Connector Relief/Floatables Control

Sep-13

$275

Carroll Water Treatment Plant

Existing Facilities Modifications - CP7

Sep-13

$6,077

DI Treatment Plant Asset Protection

Barge Berth and Facility Replacement

Sep-13

$750

DI Treatment Plant Asset Protection

Cryogenics Chillers Replacement

Sep-13

$1,100

DI Treatment Plant Asset Protection

Fuel Oil System Modifications

Sep-13

$3,000

Facility Asset Protection

Alewife Brook Pump Station Rehab - Construction

Oct-13

$8,838

DI Treatment Plant Asset Protection

Digester Sludge Pump Replacement Phase 2

Oct-13

$4,659

Facility Asset Protection

Rehab of Sects 186 and 4 Construction

Dec-13

$3,500

Facility Asset Protection

Prison Point Dry Weather Flow&Strip Pump Improvements

Jan-14

$750

Cambridge Sewer Separation

Cambridge Contract 9 (Concord Ave)*

Jan-14

$7,300

Central Monitoring System

Winsor Dam Electrical High Line Replacement

Jan-14

$1,000

DI Treatment Plant Asset Protection

Grav Thicknener Rehabilitation

Feb-14

$5,786

Alternative Energy Initiatives

DI Wind Phase II Construction (CSB)

Mar-14

$2,500

Long Term Redundancy

Wachusett Aqueduct Pump Station Construction

Apr-14

$45,608

Carroll Water Treatment Plant

CWTP Storage Tank Roof Drainage System

May-14

$4,066

DI Treatment Plant Asset Protection

Winthrop Terminal Facility VFD Replacement - Construction

Jun-14

$3,950

FY14 Anticipated Awards

continued on page 21

FY15 Anticipated Awards Facility Asset Protection

Chelsea Screenhouse Upgrades

Jul-14

$3,300

Residuals Facility Upgrade-Construction

Jul-14

$10,000

DI Treatment Plant Asset Protection

North Main Pump Station Motor Control Center Ph 2 Constr.

Jul-14

$6,086

Weston Aqueduct Supply Mains

Sect 36/W11C/S9-A Valve

Jul-14

$7,983

Residuals Asset Protection

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Facility Asset Protection

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$750

Cambridge Sewer Separation

Cambridge Contract 9 (Concord Ave)*

Jan-14

$7,300

Central Monitoring System MWRA continued from page 19

Winsor Dam Electrical High Line Replacement

Jan-14

$1,000

Grav Thicknener Rehabilitation

Feb-14

$5,786

DI Treatment Plant Asset Protection

MWRA FY13–FY15Wachusett Upcoming Construction Awards (cont.)

Long Term Redundancy Aqueduct Pump Station Construction Apr-14 $45,608 Alternative Energy Initiatives

Carroll Water Treatment Plant

Project

DI Treatment Plant Asset Protection

DI Wind Phase II Construction (CSB)

Mar-14

$2,500

CWTP Storage Tank Roof Drainage System

May-14

$4,066

Phase

Notice to Est. Contract Winthrop Terminal Facility VFD Replacement - Construction Jun-14 $3,950

Proceed Amount ($000)

FY15 Anticipated Awards Chelsea Screenhouse Upgrades Massachusetts Water Resources Authority

Facility Asset Protection

Jul-14

$3,300

Jul-14

$10,000

North Main Pump Station Motor Control Center Ph 2 Constr.

Jul-14

$6,086

Weston Aqueduct Supply Mains

Sect 36/W11C/S9-A Valve

Jul-14

$7,983

MetroWest Tunnel

Shaft 5A/5 Surface Piping Inspection/Restoration

Jul-14

$1,500

Sudbury/Weston Aqued. Repair

Sudbury Short-Term Repairs

Jul-14

$419

Dam Projects

Goodnough Dike Drainage Improvements

Jul-14

Wastewater Central Monitoring

Wastewater Redundant Communications

Jul-14

$1,000 3/28/13

MWR003 Gate & Siphon

Hydraulic Gate/Siphon Replacement

Aug-14

$2,177

Braintree-Weymouth Relief Facilities

Wetlands Replication

Sep-14

$700

Facility Asset Protection

Caruso Pump Station Improvements - Construction

Sep-14

$2,310

Clinton Wastewater Treat Plant

Clinton Roofing Rehabilitation

Sep-14

$509

Spot Pond Supply Mains Rehabilitation

Sec 4 Webster Ave Bridge Pipe Rehab Construction

Sep-14

$1,500

DI Treatment Plant Asset Protection

Sodium Hypo Pipe Replacement - Construction

Nov-14

$7,745

DI Treatment Plant Asset Protection

Sodium Bisulfite Tanks Rehabilitation

Jan-15

$2,543

Weston Aqueduct Supply Mains

Sect 101/Watetown Section

Jan-15

$14,052

NIH Redundancy & Storage

Sec 89 & 29 Redundancy Construction Phase 1

Jan-15

$21,316

Facility Asset Protection

Chelsea Creek Upgrades Construction

Feb-15

$52,050

DI Treatment Plant Asset Protection

Cryogenics Plant-Equipment Replace-Construction

Apr-15

$5,300

Blue Hills Covered Storage

Roadway Resurfacing - Construction

Apr-15

$313

NIH Redundancy & Storage

Sec 89 & 29 Redundancy Const. Phase 2

May-15

$21,693

Waterworks Facility Asset Protection

Water Meter Upgrade Replacement

Jun-15

$1,000

Residuals Asset Protection

Upcoming Construction Awards Residuals Facility Upgrade-Construction

DI Treatment Plant Asset Protection

$700

continued on page 22

*MWRA share

We are proud to have created the new website for UCANE As a way of saying thank you we are offering a special UCANE members discount on new Website & Social Media projects.

Walter Osterman, President direct line 561.301.3150 www.SocialMavens.com

APRIL, 2013

har ness o f t h e i n t er n e ing the force t

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

21

MWRA continued from page 21

MWRA Upcoming Contract Awards

Station Improvements (VFDs) Gillis Pump Station Improvements (VFDs)

Deer Island Scum Skimmer Replacement

• NTP: June 2013 Deer Island: Scum Skimmer • NTP: Replacement June 2013 012 • Estimated cost: $3.9 million • Estimated cost: $20.0 million 3.7 million

d Butterfly Valve – North Main DeerReplacement Island Butterfly Valve NoCce t o P roceed:

June 2013 on And Winthrop Terminal Facility Replacement EsCmated Cost: $20.0 million

$2.5 million

North Main Pump Station And Winthrop Terminal Facility

• NTP: June 2013 • Estimated cost: $10 million

Alewife Brook CSO Control Plan Sewer Separation - Huron Ave. • NTP: July 2013 Est. cost: $17.5 million

Alewife Brook CSO Control Plan

Sewer Separation - Concord Ave. • NTP: Jan. 2014 Est. cost: $7.3 million

22

Sewer S

NoCce t EsCmat

Sewer

NoCce EsCmat

22

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MWRA Upcoming Contract Awards

Wachusett Aqueduct achusett Aqueduct Pump Station

Northern Intermediate High Redundancy

Pump Station

Section 89 & 29 - Phase 1 Redundancy • NTP: April 2014Northern Intermediate High to Proceed: April 2014 • NTP: Jan. 2015, Est. cost: $21.3 million • Estimated cost: $45.6 million ted Cost: $45.6 million Section 89 & 29 - Phase 2 • NTP: May 2015, Est. cost: $21.7 million

Sec1on 89 & 29 -­‐ Phase 1

NoCce to Proceed: January 2015 EsCmated Cost : $21.3 million

Sec1on 89 & 29 -­‐ Phase 2

NoCce to Proceed: May 2015 Chelsea Headworks Rehabilitation EsCmated Cost : $21.7 million Chelsea Headworks Rehabilitation

Chelsea Headworks Rehabilitation

NoCce to Proceed: February 2015 EsCmated Cost: $52.1 million NoCce to Proceed: February 2015 Chelsea Headworks Rehabilitation NoCce Cto Proceed: February EsCmated ost: $52.1 m illion 2015 EsCmated Cost: 2015 $52.1 million • NTP: February

25

26

• Estimated cost: $52.1 million

continued on page 25 27 27

APRIL, 2013

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MWRA continued from page 23

Carroll Treatment PlantMWRA UV - Daniel O’Connell’s Sons, Inc. Ongoing

Capital Improvement

• Addi/on of ultraviolet Carroll Treatment Plant UV disinfec/on facili/es Daniel O’Connell’s Sons, Inc. • Work is about 20% complete

• Addition of ultraviolet disinfection facilities to meet new SDWA regulations • 87% complete

Upper Hultman Aqueduct Rehab: Projects (CIP) Corp.

Barletta Engineering

Upper Hultman Aqueduct Rehab.

• Barletta InspecCon Engineering and rehab of 9,600 feet Corp. of Upper Hultman

• Inspection & rehab. of 9,600 ft. of • Upper 75% cHultman omplete • 75% complete

Brookline Sewer Separation – Microtunneling: P. Gioioso & Sons, Inc.

Lower Hultman Aqueduct Rehab.

Barletta Heavy Division

Brookline Sewer Separation Microtunneling • Installa/on of 4,500 feet of new storm P. Gioioso & Sons, Inc. drain b y m icrotunneling Lower Hultman Rehab: • 13.2 miles of joint & leakAqueduct repair

Barletta Heavy Division • Interconnections to Metro West Tunnel • 94% complete

• • Installation ft. of new storm Plus 5,080 fof eet 4,500 of storm drain and sewer drain by oby pen microtunneling trench • Plus, 5,080 ft. of storm drain & sewer by open trench • 13.2 miles o f joint and leak repair • 97% complete

• InterconnecCons to MetroWest Tunnel • 94% complete

continued on page 27

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26

New UCANE June ad 2012.indd 1

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3:11 PM

MWRA continued from page 25

MWRA Ongoing Capital Improvement Projects Deer Island –(CIP) North Main Pump Station VF

Wastewater Treatment Plant – Plant-Wide Clinton Wastewater Update

Treatment Plant Aeration R. H. White Construction Co.

y 2013 • Installation of fine bubble diffusers in t: $1.5 million

aeration tanks obtain a better oxygen transfer rate & reduce electricity consumption • 99% complete

J.F. White Contracting Co.

Deer Island North Main Pump Station • Replacing obsolete variable VFD’s frequency drives Contracting Co. J. F. White • 18% complete

• Replacing obsolete variable frequency drives • 18% complete

Quabbin Water Treatment Plant UV: Daniel O’Connell’s Sons,Stormwater Inc. Cambridge CSO

P. Gioioso & Sons., Inc.

•

Treatment Plant UV • Quabbin AddiCon oWater f ultraviolet disinfecCon faciliCes meet new SDWA Danielto O’Connell’s Sons, Inc. regulaCons • Addition of ultraviolet disinfection • ConstrucCon 3% facilities complete to meetonew f 4SDWA x 8 box regulations • 3% complete

culvert storm drain and and wetland basin • 90% complete

Wetland:

Cambridge CSO Stormwater Wetland P. Gioioso & Sons, Inc.

• Construction of 4x8 box culvert storm drain and wetland basin • 90% complete

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APRIL, 2013

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Boston Water And Sewer Commission Capital Improvement Program 2013-2015

T

Executive Summary Pipe Replacement on Newbury St. Capital ImprovementWater Program (CIP)

he Boston Water and Sewer Commission (“the Commission” or “BWSC”) is a public instrumentality, a body politic and corporate and a political subdivision of the Commonwealth, separate and apart from the City. It was created by the Massachusetts Legislature of the Acts in July 1977 in response to a “home rule” of the City.

In August 1977, the ownership, operation, and control of the City’s systems were transferred to the Commission. Prior to the Commission assuming this responsibility, retail water and sewer services in Boston were provided by the City of Boston's Department of Public Works (“DPW”).

The Act authorizes the Commission to operate, maintain, and construct all necessary improvements to the systems, establish and collect rates, and charges for its services (which are not subject to regulation by any other governmental body), and finance its operations and improvements through revenue collections and the sale of bonds and notes payable solely from the Commission’s revenues.

The Act further provides that any revenue surpluses earned by the commission in any Fiscal Year shall be credited to next year’s rates or returned to the City. Since its inception, the Commission has generated a surplus in each year of its operations and has credited the surplus to the reduction of the next year’s rates.

The Act may be amended only by means of further “home rule” petitions of the City enacted by the Massachusetts Legislature, or by means of state legislation affecting generally all water and sewer districts within the Commonwealth.

In 1993, the Commonwealth enacted Chapter 40N of the Massachusetts General Laws, Model Water and Sewer Reorganization Act (the “Model Act”), which permits municipalities to establish independent water and sewer commissions.

The Commission was created to maintain and improve the long-term quality and reliability of water and sewer services for all users in the City and to assure adequate

28

funding for the Systems. The Commission is committed to three primary goals: • To maintain and improve the Water Distribution Temporary Bypass and Wastewater Systems.

• To establish and administer a billing and collections systems that is fair and efficient.

• To maintain a strong financial structure.

The Commission has made significant progress toward the achievement of these objectives.

The Enabling Act and the Commission’s General Revenue Bond Resolution, adopted December 6, 1984 (“the Resolution”) require that the Commission, on an annual basis, develop a three-year Capital Improvement Program (“CIP”).

The CIP outlines the scheduling and implementation of the capital projects necessary to maintain and improve the water and sewer systems for the ensuing three-year period.

Complying with the requirements of the Enabling Act and the Resolution, the Commission projected cost of the Commission’s Capital Improvement Projects from Fiscal continued on page 29

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Boston Water and Sewer continued from page 28 Years 2013 through 2015 totals approximately 196.8 million. The overall objectives of the Commission 2013-2015 CIP are to ensure the delivery of high quality potable water for consumption and fire protection, as well as the efficient collection of sewage for transport and delivery to a treatment facility or for approved discharge. In addition, the CIP includes projects to improve overall efficiency of the Commission and to enhance the Commission’s ability to provide services to its customers.

Expenditures are divided into three categories: Water Distribution System projects; Sewer System projects; and Support projects. Water Distribution System projects ac-

count for $81.8 million, or 41.6% of the 2013-2015 CIP. Sewer System projects comprise $86.6 million, or 43.9% and Support projects total $28.4 million, or 14.5% of the expenditures outlined in the program.

Total capital expenditures of $92.8 million are outlined for 2013. Water Distribution projects comprise $39.9 million, or 43.0%. Sewer System projects account for $44.8 million or 48.3% and Support projects totaling $8.1 million consisting of the remaining 8.7% of the 2012 amount.

Tables 1 and 2 present the cash flow expenditures and funding sources for the Commission’s 2013-2015 CIP.

2013-2015 Capital Improvement Program Cash Flows Table 1 PROGRAM Water

2013

2014

2015

TOTAL

$ 39,869,000 $ 27,719,000 $ 14,173,000

$ 81,761,000

Sewer $ 44,843,000 $ 29,048,000 $ 12,700,000

$ 86,591,000

Support

8,071,000 $ 12,291,000

$ 28,412,000

TOTAL $ 92,762,000 $ 64,838,000 $ 39,164,000

$ 196,764,000

$ 8,050,000 $

NOTE: Although expenditures decrease from periods 2014 to 2015, it is anticipated that funding for 2015 will be equal or greater than funding presented in 2014. The decrease in 2015 is primarily due to the CIP being a one-year cash flow, over a three-year budget period.

2013-2015 Capital Improvement Program Funding Sources Table 2 FUNDING SOURCE

2013

2014

2015

TOTAL

BWSC Bonds $ 58,952,000 $ 40,379,000 $ 22,976,000

$122,307,000

Rate Revenue

$ 41,409,000

$ 13,242,000 $ 14,440,000 $ 13,727,000

Grants $

0

$

0 $

0

$

0

MWRA Water Assistance

$ 5,722,000 $

2,854,000 $ 1,661,000

$ 10,237,000

MWRA I/I Assistance

$ 14,846,000 $

7,165,000 $

$ 22,811,000

800,000

TOTAL $ 92,762,000 $ 64,838,000 $ 39,164,000 $196,764,000 NOTE: Although expenditures decrease from periods 2014 to 2015, it is anticipated that funding for 2015 will be equal or greater than funding presented in 2014. The decrease in 2015 is primarily due to the CIP being a one-year cash flow, over a three-year budget period. continued on page 31

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30

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Boston Water and Sewer continued from page 29

T

PROJECT HIGHLIGHTS

he overall objectives of the Commission's CIP are to ensure the delivery of high quality potable water for consumption and fire protection and the efficient collection of sewage for transport and delivery to a treatment facility for approved discharge.

In addition, the CIP includes projects to improve the overall efficiency of the Commission and to enhance the Commission's ability to provide services to its customers. The projects included in this CIP are intended to accomplish these objectives in the most efficient and cost effective manner. The Commission intends to enhance Boston’s water and sewer infrastructure with several targeted projects included in the 2013-2015 Capital Improvement Program. Some of the major projects are listed below: • Wastewater and Drainage Facilities Plan • Large Main Leak Detection & Water Quality Monitoring • Water Pipe Corrosion Study • Water Pipe Testing Program

• • • • • • • • • • • • •

Water Main Flushing Program Water Main Replacement Program Cleaning and Rehabilitation of CSO Outfall 065 Separation of Sewers Along Massachusetts Ave. Sewer Separation of A Street in South Boston Reserved Channel Sewer Separation Sewer Separation in Dudley Square Fort Point Channel Water Quality Assessment Construct BMPs and Green Infrastructure in Central Square, East Boston Industrial Facility Stormwater Pollution Prevention Program CSO Public Notification Program Grade of MTUs and DCUs with Latest Technology Development of a Five Year Strategic Information Technology Plan continued on page 33

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Boston Water and Sewer continued from page 31 The largest component of the Water Distribution System CIP is the program to replace water mains.

The replacement program replaces aged, undersized, or structurally deteriorated pipe. The program also includes rehabilitation of pipe by structural lining.

In 2011, the Commission completed a 20 year Water Distribution Study, which analyzed the effectiveness and stability of the water system. Incorporating a progressive approach to understanding system’s needs, the new study outlines a detailed Capital Improvement Program maintenance and improvement plan.

This study provided a multi-faceted methodology for strategic investments over the next twenty years.

As part of the Water Distribution Study all pipes in the BWSC system were placed in a ranking system through a computer model utilizing several factors including pipe age, material, soil conditions, break history, and consequence of failure.

This system is used as a guide in the selection of pipes for replacement under the Capital Improvement Program.

Pipes with the higher ranking are considered for replacement. Pipes are also selected within proximity to other selected pipe to create geographic based contracts. All streets

are coordinated with City and State Paving Programs.

Using the latest technology solutions, we are identifying new areas where BWSC can make sustainable improvement to the quality of our environment and services.

The quantity of work to be accomplished each year is in accordance with the recommendations of the Water Distribution Study completed in 2011, as well as the specific needs of the Commission and its customers.

This study recommended that the Commission undertake an average of 11 miles per year of replacement and relining projects through the year 2030.

The 2013-2015 CIP for the Water Distribution System continues programs for the replacement of water mains, the replacement of older or defective hydrants as necessary on all replacement projects, the replacement of water mains on new or reconstructed bridges and various design services, permits, and paving fees associated with the capital funded projects.

Projects scheduled for initiation in 2012 will result in the replacement of approximately 11 miles of water mains. continued on page 34

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Boston Water and Sewer continued from page 33 Projects included in the Sewer System CIP include the annual repair or replacement of approximately 2.4 miles of deteriorated or collapsed sanitary sewers and storm drains along with the television inspection of 11 to 15 miles of sewer pipe. Also, included are drainage improvements in the replacement of faulty tidegates.

The objective of the Wastewater and Storm Drainage System Facilities Plan is to develop facility plans for the City’s sewer and storm drains that are aligned with the Commission’s long-term service goals and supported by effective operations, maintenance, and engineering practices.

Critical elements of this project include: • Assessment of the Commission’s Service Goals and other factors affecting long- term planning including: changing regulatory requirements, climate change, and financial conditions • Systematic use of Risk-based tools to govern prioritization of investments in condition assessments, repairs, and replacements • Integration of Business Process needed to sustain effective (CMOM) Capacity, Management, Operation and Maintenance Programs for sanitary sewer collections systems and engineering programs • Training and Education to embrace the use of new tools and business processes and to sustain knowledge of the system and its operations In addition to establishing a sustainable framework for planning and management, the Wastewater and Storm Drainage Facilities Plan project includes a

broad spectrum of data collection, engineering evaluation, and tool development activities.

The CIP continues funding for the separation of combined sewers and for the reduction of infiltration and inflow into the sanitary system. Infiltration and inflow (“I/I”) are extraneous quantities of water, which enter the sanitary sewers and reduce the capacity of the system to transport sanitary sewage. Reduction of I/I also decreases the quantity of water transported to the Massachusetts Water Resource Authority (“MWRA”) wastewater treatment facilities, thereby reducing overall transportation costs, treatment costs, and BWSC sewer assessments.

The Commission has executed agreements with the MWRA, which is under a court order decree to eliminate or substantially close combined sewer overflows. The MWRA has committed to provide sewer separation in Dorchester, the Stony Brook area of Jamaica Plain, the area of Boston known as the Bullfinch Triangle, and the Reserved Channel area of South Boston, the Constitution Beach area of East Boston, and the Fort Point Channel area of South Boston. The projects resulted in the installation of approximately two hundred thousand feet of new drain pipe and the replacement of old water pipe and defective sewer pipe. The final result substantially decreased the amount of combined sewer overflows into the Charles River, Neponset River, and Boston Harbor. In addition the work greatly reduced the amount of drainage entering the Commission’s sewer system reducing payments to the MWRA. A complete description of the MWRA CSO program is in the 2013-2015 CIP, which is available at www.bwsc.org. continued on page 35

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Boston Water and Sewer continued from page 34

BWSC 2013-2014 CIP Upcoming Projects

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” VERSION: 1

DATE: 2/15/12

JOB:

12-EB-020

APRIL, 2013

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

Tackling the Water Infrastructure Funding Gap: Initiatives Currently Before the Massachusetts Legislature “When we turn on the tap in the morning, clean, drinkable water flows from the faucet. It is an uninteresting and unremarkable fact of modern life until, one day, no water comes out. We have learned to take the reliability of our drinking water and wastewater disposal systems as well as our storm water systems for granted.” Massachusetts’s Water Infrastructure: Toward Financial Sustainability, Report of the Massachusetts Water Infrastructure Finance Commission (February 7, 2012)

By Mark Molloy, Esq., Lynch Associates, Inc.

It

has long been thought that the Commonwealth’s drinking water and wastewater infrastructure faced substantial need, but few spoke to it as readily as transportation, housing, or information technology needs.

With over 40,000 miles of drinking water and wastewater pipes throughout Massachusetts (some pipes exceeding 100 years old), city and town water infrastructure is in dire need of improvements to provide clean drinking water and sanitized wastewater treatment to the residents of the Commonwealth. Under the existing system, efforts to address drinking water and wastewater infrastructure needs often occur when local systems fail or state and federal authorities demand action for subpar systems.

Accordingly, the Massachusetts Legislature authorized the convening of the Massachusetts Water Infrastructure Finance Commission (“MWIFC”). The MWIFC was created by the Massachusetts Legislature in 2009 to analyze the Commonwealth’s drinking water and wastewater infrastructure funding needs and develop recommendations for financing these needs going forward. The 16-member MWIFC was comprised of representatives from the Department of Environmental Protection, Office of the State Treasurer, members of the Senate and House and their appointees, along with a representative from Boston Water and Sewer Commission. Additionally, nine members were appointed by the Governor from the following organizations: Utility Contractors Association of New England, Inc., American Council of Engineering Companies of Massachusetts, Massachusetts Waterworks Association, Massachusetts Municipal Association, Clean Water Action, Associated Industries of Massachusetts, Environmental League of Massachusetts, Conservation Law Foundation, and Massachusetts Water Pollution Control Association. The MWIFC held numerous meetings and hearings throughout the Commonwealth before issuing a comprehensive report in February 2012.

With last year’s release of the MWIFC report, three

APRIL, 2013

key facts became apparent and seem to demand shared costs as well as reforms. Without addressing these facts, the Commonwealth and its cities and towns face a difficult challenge in meeting shared future goals for robust economic development, public health, and a healthy environment. The three key points: • The Commonwealth Faces a Tremendous Water Infrastructure Need. The MWIFC found that the Commonwealth conservatively faces a $10.2 billion shortfall in resources for drinking water and an $11.2 billion shortfall in resources for cleanwater (wastewater) projects over the next 20 years. Potentially forthcoming federal stormwater regulations may require an additional $18 billion in stormwater investment (in addition to the $21.4 billion for water and clean water) over the next 20 years depending on federal regulatory requirements.

• The Commonwealth’s Partnership in Funding Water Infrastructure Projects Has Faltered. Both federal and state funding available to municipalities to fund drinking water and wastewater infrastructure has steadily decreased since the 1970’s.

Line items that once funded infrastructure projects, provided rate relief, or funded low-interest loans have been cut dramatically or eliminated. On the local level, the Commission found that unlike other utilities, municipal water and sewer rates often do not come close continued on page 39

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Funding Gap continued from page 37 to covering the full cost of providing clean water and eliminating waste. In particular, rates frequently do not cover capital improvement plans, the management and replacement of pipes and other assets, or the protection of watershed land. As a result, the public has grown accustomed to low water and sewer rates that betray the true cost of service. Adding to this problem is that the Commonwealth alone cannot manage to meet the funding gap.

• The Commonwealth Must Find New Ways to Increase Funding for Water Infrastructure.

While the Commonwealth previously relied heavily on federal and local sources, the Commonwealth must

APRIL, 2013

now take strategic steps to reduce the size of the predicted shortfall in necessary funding by: (a) sustaining current programs and investments at the state and federal level, including in particular, state and federal contributions to the Water and Sewer State Revolving Fund; (b) establishing new, dedicated funding sources to create at least an additional $200 million annually and for a mixed program of direct payments to cities and towns, low interest loans, and grants; and (c) incentivizing all communities, authorities and districts to utilize rate structures that reflect the full cost of water supply and wastewater treatment.

The three key findings are clear. As a result, moving forward from the MWIFC’s report, various groups and legislators agreed that now is the time to take a serious look at funding the Commonwealth and its municipalities’ water and sewer needs. Senator Therese Murray (D-Plymouth), in her comments before the body at the beginning of the 2013-2014 session, listed her priorities as transportation financing and water infrastructure financing, among other issues. Citing the needs of Cape Cod as its struggles to address the problem of nitrogen impaired waters, the Senate President noted that the needs of the Commonwealth’s water infrastructure were essential to protecting the environmental sustainability of the state as well as its economic growth potential.

With the MWIFC’s call to action, certain legislators and advocacy groups answered the call, filing a variety of legislation for the 2013-2014 legislative session. In a manner similar to what occurred to transportation after the Transportation Finance Commission issued its report a few years earlier, different components of the water infrastructure study have led to a diverse plate of legislative filings. Ideas include developing new streams of revenue and reforming existing practices.

In particular, among the matters now before the Massachusetts Legislature: • House Bill 214, An Act Relative to Improving Public Health, Environment and Economic Development through Investment in Water and Sewer Infrastructure. (Representative Sean Garballey (D-Arlington)). This matter, drafted by UCANE, establishes a Municipal Water and Sewer Assistance Trust Fund while empowering the continued on page 41

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Funding Gap continued from page 39 Massachusetts Water Pollution Abatement Trust (MWPAT), in conjunction with the DEP, as the overseer of a second trust fund to provide leadership to address our water infrastructure needs. The Trust Fund may be used for a wide range of purposes ranging from grants or loans for new work, rehabilitation of existing local systems or coordination of regional water infrastructure needs, among other uses. The legislation reallocates existing revenues from several sources and develops new revenue from dedicated property taxes and a de minimis surcharge on real estate transactions. Under this funding mechanism, the Commonwealth will recognize an additional $200 million in dedicated funding for water infrastructure on a yearly basis.

• House Bill 690, An Act Relative to Municipal Assistance for Clean Water and Economic Development Infrastructure. (Representative Carolyn Dykema (D-Holliston)). This legislation authorizes the creation of a 10-year Water Infrastructure Bond program to fund local drinking water, wastewater, and stormwater improvements.

The bond program, which would provide an additional $200 million in annual funding, would be directed as follows: (a) 20% of the funds would be sent annually to every municipality, similar to Chapter 90 transportation funding; 40% to supple-

ment the existing State Revolving Fund low-interest loan program administered by the Water Pollution Abatement Trust; 40% for qualifying grants to fund municipal water projects. Ten percent of the new grant program would be set aside for innovative or green technology projects. This new grant program would be administered by the Water Pollution Abatement Trust. Bond payments and debt service would be borne out of the General Fund or other taxpayer funded mechanism.

• House Bill 688, An Act Relative to Best Management Practices in Water. (Representative Carolyn Dykema). This legislation requires the Massachusetts Division of Local Services to define and establish guidelines for best management practices in long-term planning and financing for drinking water and wastewater infrastructure.

• Senate Bill 358, An Act Relative to Best Management Practices in Water. (Senator James Eldridge (D-Acton)). This bill will incentivize the adoption of best management practices for both the clean water SRF and the drinking water SRF. This bill directs the Department of Environmental Protection, with input from the Division of Local Services, to establish guidelines for best management practices in water management, including full cost pricing, financial management, and use of a storm water enterprise fund. continued on page 43

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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Funding Gap continued from page 41 • Senate Bill 945, An Act to Mitigate Water Resource Impacts. (Senator James Eldridge). This bill authorizes adoption of an opt-in “water-banking” fund by communities, public water suppliers, and DPWs allowing them to charge a reasonable fee for new or increased water withdrawals and sewer use, or when new or redevelopment projects are unable to comply with federal, state, or local storm water rules. Funds will be used by communities to invest in greener water infrastructure, increase the capacity of wastewater systems, and protect drinking water supplies. Measures could include local recharge of storm/wastewater, water reuse, retrofitting properties with water-saving devices, fixing leaky pipes, and land acquisition for wellhead protection.

Regardless of the funding mechanism or legislative vehicle, addressing the Commonwealth and its municipalities’ drinking water and wastewater infrastructure financing needs is essential. Whether the Massachusetts Water Pollution Abatement Trust becomes the “one-stop” water infrastructure funding agency, the Commonwealth creates a secondary trust fund to assist municipalities, or municipalities are required to adopt best management practices, some action must be taken. As the MWIFC found “[w]hether or not necessary stormwater investments

APRIL, 2013

are included, the message is clear: a significant increase in spending above current levels will be necessary to maintain current levels of service and sustain necessary infrastructure growth.”

The Utility Contractors Association of New England recognizes that there is no easy solution for addressing the local and state drinking water and wastewater infrastructure needs. Water is an assumed facet of life. People turn on the faucet and assume that the water will naturally come out. Unless the Commonwealth launches reform efforts and begins to seriously consider additional or new ways to encourage municipal investment in our water infrastructure, we will be spending much more in the future – whether through an increase in overall project costs, a decrease in public health, lost economic development opportunities, or a reduction in property values. The aforementioned options may not be the solution to everything, but are a start to the conversation that must occur in the near future. n

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UCANE’s 2nd Annual Trade Show…

U

Another Huge Success!

CANE held its 2nd Annual Trade Show prior to the March “Forecast” Dinner Meeting, offering a complimentary booth to each Construction Outlook advertiser.

With such positive feedback from last years show, this year 28 advertisers set up their tables and displays, during an extended social hour, at the Four Points by Sheraton Hotel in Norwood, MA. Our members were extremely enthusiastic about showcasing their products and services, and networking with other members. Everyone walked away with something... new business contacts, promotional gifts, and even candy.

Construction Outlook advertisers know that name recognition, visability, and credibility are essential to help grow and expand their businesses. Advertising in a trade publication offers a powerful punch in competitive economic times. In businesses where pro-active involvement is critically important, advertising in a trade specific publication is the best investment a company can make.

UCANE is providing its print advertisers with multiple ad exposures, at no additional cost. Their ads will now ap-

pear in a full digital version of Construction Outlook on our updated website. Also on the website, their ad will be listed with a link to their website, and will be featured, on a rotating basis, in our monthly e-newsletter.

Our magazine advertisers make it possible for us to continue to publish our magazine which helps get our message out to not only our members, but also to every city and town, agency head, legislator, and non-members as well, in a most professional manner.

We ask our members to encourage their employees who may not receive a print copy of Construction Outlook to visit the UCANE website and read it online.

Our advertisers and Associate Members are familiar with the day-to-day issues contractors face. When doing business with a supplier that is a UCANE member, there is a good feeling knowing that they support our industry and our common goals. We ask that you please continue to do business with our advertisers and Associate Members, who so generously support UCANE.

If your company is not currently a Construction Outlook advertiser…

THEY SHOULD BE! Call the UCANE office for advertising rates and space availability.

44

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

APRIL, 2013

Thank You to All of Our Trade Show Participants Rodman Ford Sales, Inc. ATS Equipment, Inc. Schmidt Equipment, Inc. Arruda Trenchless Construction The Scituate Companies Broadstone Advisors, LLC Shea Concrete Products EJ Systems Support Corp.

Eastern Insurance Group, LLC Taylor Oil Company Eastern States Insurance Agency, Inc. Albert J. Tonry & Co., Inc. Ferguson Waterworks Travelers Fringe Consulting Tri-Products, LLC HD Supply Waterworks United Concrete Products, Inc. A. H. Harris & Sons, Inc. United Rentals Trench Safety Lorusso Heavy Equipment, LLC Wealth Preservation Solutions, LLC Mabey, Inc. C. N. Wood Company, Inc. Rain for Rent - New England Woodco Machinery, Inc. Rogers & Gray Insurance Agency, Inc.

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Dagle Electrical Const., Corp. - Corporate Sponsor E. J. Prescott, Inc. - Lobster Clambake Sponsor McCourt Construction Co. - $25,000 Hole-In-One Taylor Oil Company - $10,000 Putting Contest HD Supply Waterworks - “Closest to the Pin” Against a Sports Celebrity For sponsorships or to reserve your spot call the UCANE office at 617.471.9955 or go to www.ucane.com

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

APRIL, 2013

The Importance of Business Succession Planning

Kevin Ellman, CFP

Paul D. Miller

Wealth Preservation Solutions, LLC

Many of the contractors we work with are family owned or closely held businesses.

We always stress the importance of implementing a comprehensive business succession plan that addresses all of the common scenarios that might trigger a change in ownership. Almost all of the business owners we speak with at our seminars agree that this type of planning is essential. Occasionally, someone will insist that among family, a formal agreement is superfluous, as everyone can be relied upon to, “do the right thing.” Unfortunately, when we are brought in to review a client’s current planning, we often find that either there is no plan, or, at best, an inadequate plan. The story below illustrates the kinds of problems that can arise from not putting into place a proper plan.

Y

Two Brothers

ears ago, Frank and Bill, brothers and equal partners, started a land improvement contracting business. Frank was “Mr. Inside” and Bill was “Mr. Outside.” This arrangement worked perfectly for many years. Frank and Bill built up such a successful business, that several of their business acquaintances wisely encouraged them to craft a buy/sell agreement that would spell out how the business would be treated if one of them were to pass away prematurely. So, they promptly asked their attorney to draft an agreement, and their insurance agent helped them to successfully apply for life insurance to fund the plan.

Their attorney designed a workable plan that used a trust to own the life insurance and that named the attorney as the beneficiary in his capacity as trustee. Sounds good so far, doesn’t it? Actually NO! The problem was that the agreement, a year later, was still in Frank’s bottom desk drawer, UNSIGNED, when he suddenly and unexpectedly passed away from a heart attack. Now what?

Without an executed agreement, the result was that Bill became partners with Frank’s wife. Even though she knew nothing about the business and so could not contribute to the now daunting work load of running the business, she expected to receive her deceased husband’s salary and share of the profits.

APRIL, 2013

Furthermore, Bill could not use the insurance money to buy Frank’s wife out because the insurance proceeds were paid to the attorney as trustee, but what was he supposed to do with the money? There was no executed buy/sell agreement or trust document that directed him, legally, as to what to do.

The value of the business declined dramatically because too much executive time and attention was diverted from running the business to cleaning up the mess.

To complicate matters further, it will come as no surprise to many of you, we are sure, that Bill and his sister-in-law could not agree on anything: Not on the price of the buyout, not on the terms of the purchase, and not on what responsibilities and rights each of them were to have in the business, while they tried to work out what to do. Ultimately, they spent years in court, wasted thousands of dollars on legal fees, and in the end both sides were completely estranged from one another. The anxiety, stress, and ill-will ended up ruining Bill’s health.

The value of the business declined dramatically becontinued on page 48

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47

Succession Planning continued from page 47

Someone must be accountable for expertly guiding the design and implementation of a proper succession plan all the way to completion! cause too much executive time and attention was diverted from running the business to cleaning up the mess.

What is the moral of this story? Someone must be accountable for expertly guiding the design and implementation of a proper succession plan all the way to completion! As well intentioned as Frank and Bill’s attorney and insurance agent were, the process was never completed. They were busy too, and while they attended to their own priorities, the most critical step in the planning process slipped through the cracks. The truth is that most successful businessmen are just too busy running their businesses to devote a lot of time to business succession planning.

The very real story of well-designed agree-

Help Wanted

ments lying in the bottom of desk drawers, unsigned, is, unfortunately, not uncommon. It is not enough to be almost right and almost complete.

The devil is in the details. A plan that intends to deal with real life must define clearly what will happen in the event of the obvious problems of death or disability, but must also lay out the procedures for dealing with a divorce, personal bankruptcy, disagreement, and/or retirement. There must be a mechanism not only to determine a fair selling price but also to provide the detail for realistic terms of purchase. If there are second or third generations of family that may one day work in or own part of the company, this too, must be contemplated in the original design. Each component of the plan must be properly coordinated with the other in order to carry out the intent of the owners, preserve the value of the business and protect the heirs. And, of course, the agreement must be witnessed and executed!

Clearly, it is critical to select a competent and experienced partner to help guide, design, and implement a comprehensive business succession plan. n

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APRIL, 2013

Environmental Viewpoint Robin L. Main, Esq.

Rhiannon Campbell, Esq.

Hinckley Allen Snyder, LLP

Voluntary Disclosure and the EPA’s Small Business Compliance Policy Note: Robin L. Main is a Partner in Hinckley, Allen & Snyder LLP’s litigation group and co-chair of the firm’s environmental practice group. Rhiannon A. Campbell is an Associate in Hinckley, Allen & Snyder LLP’s litigation and environmental practice groups.

Many small businesses do not have the sophisticated environmental expertise that larger businesses do. For this reason, the Environmental Protection Agency (“EPA”) has developed the Small Business Compliance Policy to incentivize small businesses to voluntarily discover, disclose, correct, and prevent violations of environmental laws. Under the Policy, a small business is any person, corporation, partnership, government, or organization that employs one hundred or fewer individuals. These small businesses are eligible for significant reductions in penalties for violations if they voluntarily disclose and correct them.

C

ivil penalties for violations of environmental laws come in two forms: gravity-based penalties, which reflect the nature, duration, and impact of the violations as well as the violator’s overall compliance record and efforts to remedy the violation, and economic-benefit penalties, which reflect the monetary benefit the violator derived from the violation. Small businesses that meet the requirements of the Policy will have the entirety of the gravity-based portion of the penalty waived by the EPA. The Policy does not provide for waiver of any economic-benefit penalty, but the instances of such penalties being imposed on small businesses are relatively few.

To take advantage of the Policy, a small business must report a voluntary discovery of a violation to the EPA within twenty-one days of discovery and remedy that violation in 180 days (or 360 days if the correction involves the installation of pollution-prevention measures). In order for a discovery to be “voluntary”

APRIL, 2013

it must not be the result of any required regulatory action, statute, rule, permit, or the result of an audit required by a consent order or settlement agreement. “Discovery” occurs when any officer, director, employee, or agent of the small business becomes aware of any facts that reasonably lead him or her to believe that a violation may have occurred. As noted above, after such a discovery, a small business must report the violation within twenty days and correct it within either 180 or 360 days (depending on if pollution-prevention measures are involved in the remedy). In order to adequately correct the violation a small business must not only remediate any harm caused by its violation, but it must also put in place procedures to prevent reoccurrence of the violation.

In certain circumstances a small business may not be eligible for penalty reduction under the Policy.

For example, if a small business has benefited from the Policy because of a violation involving the same continued on page 50

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49

Environmental Viewpoint continued from page 49

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requirements, or has been the subject of any enforcement action, citizen suit or warning, involving the same requirement in the past three years, it is not eligible for the Policy. Further, if the company has been the subject of enforcement actions for more than one violation of any environmental law within the past five years, it is not eligible for the Policy. Additionally, a small business may not avail itself of the Policy if the violation involved criminal conduct, has caused actual harm to, or presents an imminent and substantial danger to, public health, safety, or the environment.

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The complete waiver of the gravitybased portion of an EPA penalty can be substantial. The implementation of compliance management systems and the use of compliance assistance centers may lead to the types of voluntary discoveries encouraged by the Policy. Such voluntary discoveries and disclosures to the EPA will be significantly more cost effective than the payment of gravity-based penalties associated with non-voluntary disclosures. n

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APRIL, 2013

The Leukemia & Lymphoma Society of Massachusetts 4th Annual

U

CANE’s affiliation with The Leukemia & Lymphoma Society of Massachusetts (LLS) goes back more than 33 years, and during that time our members have donated millions of dollars to support the efforts of local doctors and researchers to help find a cure for these dreaded diseases.

This year, UCANE President Al Morteo served as Master of Ceremonies at the 4th Annual Gala for a Cure, which was held on Saturday evening March 2, 2013, at the Renaissance Boston Waterfront Hotel.

Special guests included Fox25 reporter Bob Ward and LLS researcher Dr. James E. Bradner, a staff phy-

sician in the Division of Hematologic Malignancies at Dana-Farber Cancer Institute and an assistant professor of medicine at Harvard Medical School.

Nearly 300 guests attended the Gala, which was an inspirational evening, complete with dining and dancing featuring the music of Sweet Tooth & the Sugarbabies. The night included a silent auction as well as a live auction, with auctioneer extraordinaire Dan Flynn of Daniel J. Flynn & Co., Inc. With the help of all who attended and those who donated or purchased goods or services at the evening’s auction, more than $200,000 was raised.

Yes, “With Spring Comes Hope”...and many will benefit because the monies raised at this event will enable doctors at Dana Farber to continue their research to find the ultimate cure for Lymphoma, Hodgkin’s disease and Myeloma, and to improve the quality of life of patients and their families. n

(L-R) Al Morteo, Massachusetts LLS Board of Trustees President; Pierce Eastman, Patient Ambassador; and Sharon Klein, Massachusetts LLS Executive Director.

APRIL, 2013

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John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

IN THIS ISSUE • • • • • •

Reducing Uncertainty, Increasing Complexity Restoring a Higher Tax Bracket Lower Incomes, Higher Taxes Estate and Gift Taxes Have Been Clarified Breaks for Business Owners AMT Relief, Child Tax Credit, and More

E

Smart Tax, Business & Planning Ideas fro

Reducing Uncertainty, Increa Reducing Uncertainty, Complexity Increasing Complexity

captured head 2010 and Dec In additio will not face m the new law. I Security payr for all worker “holiday” was in effect durin spur a slow ec The good news is that large portions of this new and estate tax law are permanent, or at least as permanent as any in this centur tax law can be. The major portions of the law won’t effect. “sunset,” so the nation won’t have to relive the uncerThe catch? tainty about tax law that captured headlines in Dehigher incom cember 2010 and December 2012. of higher taxe In addition, many taxpayers will not face major are imposed a changes under the new law. It’s true that Social Semost Americans file theirincome. of income and on d ed Each grossApril, income (MAGI), and taxable Owncurity payroll taxes will rise for all workers, but that tax returns for previous income: adjusted g ersincome of S corporations andthe limited liability companies partial “holiday” was a temporary measure in effect (LLCs) report income on their per- adjusted year. who By this timebusiness next year,net in April modified during 2011 and 2012 to spur a slow economy. The sonal tax returns may be especially vulnerable to the 2014, you’ll be filing your tax return for (MAGI), and taxab income and estate tax benefits from earlier in this higher rates.

Similarly, taxpayers who report much 2013—and the rules will be governed of S corporations a century largely remain in effect. higher income in a given year,Relief perhaps because of a by the American Taxpayer Act of companies (LLCs) Roth IRA conversion or an asset sale, might have to The catch? Taxpayers with higher incomes face 2012, the last minute deal that averted net income on thei wrestle with the higher rates and increased complexa variety of higher taxes. Those taxes are imposed at the so-called “fiscal cliff.” may be especially v ity of the new law. different levels of income and on different types of inThe good news is that large higher rates. Simila come: adjusted gross income (AGI), modified adjustcontinued on page 54 portions of this new law are permanent, report much highe or at least as permanent as any tax law year, perhaps becau canINbe.CONSTRUCTION The major portions of the law conversion or an as APRIL, 2013 “BUY FROM THE ADVERTISERS OUTLOOK” 53 won’t “sunset,” so the nation won’t have to to wrestle with the relive the uncertainty about tax law that increased complexi

ach April, most Americans file their income tax returns for the previous year. By this time next year, in April 2014, you’ll be filing your tax return for 2013—and the rules will be governed by the American Taxpayer Relief Act of 2012, the last minute deal that averted the socalled “fiscal cliff.”

Financial Management continued from page 53

F

Restoring a Higher Tax Bracket

or several years, through 2012, Americans paid income tax at six rates, ranging from 10% to 35%. Now, a higher rate has been added: 39.6%, which was the highest income tax rate as recently as 2000. In 2013, the 39.6% rate is imposed on income over • $400,000 for single taxpayers, • $450,000 for married couples filing joint returns and surviving spouses, • $225,000 for married individuals filing separately, and • $425,000 for heads of households.

The 39.6% tax rate, like all tax rates, is imposed on taxable income. That’s the number you report after taking tax deductions.

Example 1: Ross Austin, a single taxpayer, has total income of $520,000 in 2013. After deductions, Ross has taxable income of $480,000.

Thus, $80,000 of his income will be taxed at the maximum 39.6% rate.

Example 2: Ross Austin from example 1 has a $60,000 net long-term capital gain in 2013. Ross has $480,000 of taxable income, which is $80,000 over the threshold for the top bracket, so Ross owes 20% tax on his $60,000 capital gain.

Suppose, though, that Ross has a $100,000 longterm gain this year. Ross is $80,000 over the relevant threshold, so $80,000 of his gain will be taxed at the maximum 20% rate, whereas the other $20,000 of his gain will be taxed at 15%.

Shifting Gears Taxpayers below these higher income thresholds will continue to owe tax at rates as low as 10%. Moreover, taxpayers in low tax brackets will owe 0% on taxable long-term capital gains and qualified dividends.

Therefore, income shifting strategies have a greater payoff now than they have had recently for high-income taxpayers. If you report substantial income, you may save more tax now by shifting income to children just beginning their career or to retired parents. continued on page 55

When 39.6% = 20% Prior tax legislation capped the tax on most longterm capital gains at 15%. Taxpayers also owed no more than 15% on qualified dividends, which include most dividends paid to investors. The new law retains this relatively low ceiling for most people. However, taxpayers who have taxable income in excess of the 39.6% rate threshold will owe 20% tax on their longterm gains and their qualified dividends to the extent that these gains and dividends would otherwise be taxed at the 39.6% rate.

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APRIL, 2013

Financial Management continued from page 54

A

Lower Incomes, Higher Taxes

(or fraction thereof ) of AGI taxpayers are over their s explained in the previous article, threshold, they will lose 2% of their personal exemp“Restoring a Higher Tax Bracket,” tions. They can lose up to 80% of their exemptions individuals with taxable income over this way. $400,000 and married couples who exExample 1: Sarah and Todd Bailey have two ceed $450,000 generally will be the ones young children, so they can claim four exemptions. paying the restored 39.6% top income tax Personal exemptions are $3,900 per person in 2013, so the Baileys could claim $15,600 in deductions for rate, as well as higher tax on long-term capital gains and qualified dividends. continued on page 57 However, such taxpayers aren’t the only ones facing tax increases. Some people with lower incomes THE DRISCOLL DIFFERENCE: also will owe two taxes that Your key to reappear in the new law.

Eroding Exemptions Prior law included a phaseout of personal exemptions for taxpayers with high incomes. That phaseout had been—yes—phased out in recent years. Now, the original phaseout has returned, as a permanent feature of the tax law. In 2013, this phaseout will affect people with income over • $250,000 for single taxpayers, • $300,000 for married couples filing joint returns and surviving spouses, • $150,000 for married individuals filing separately, and • $275,000 for heads of households.

As you can see, these income thresholds are lower than the thresholds for the 39.6% top tax bracket. They also refer to adjusted gross income (AGI), the number you report on the bottom of the first page of your tax return, before you take itemized deductions.

Therefore, people with taxable income far from the 39.6% bracket may owe more tax because their personal exemptions are devalued. Generally, for each $2,500

APRIL, 2013

obtaining the expertise needed to meet your bonding needs.

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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.

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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.

The Driscoll Agency, Inc. • 93 Longwater Circle, Norwell, MA 02061 • Phone (781) 681-6656 • Fax (781) 681-6686 • www.driscollagency.com

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“Restoring a Higher Tax Bracket,” tax increases. Some people with individuals filing separately, and individuals with taxable income over lower incomes also will owe two taxes ❖ $275,000 for heads of $400,000 and married couples who that reappear in the new law. households. exceed $450,000 generally will be As you can see, these income Financial Management continued from page 55 Eroding exemptions the ones paying the restored 39.6% thresholds are lower than the Prior law included a phaseout thresholds for the 39.6% top tax of personal exemptions for bracket. They also refer to adjusted taxpayers with high incomes. gross income (AGI), the number That phaseout had been— you report on the bottom of the first yes—phased out in recent years. page of your tax return, before you Now, the original phaseout has take itemized deductions. Therefore, returned, as a permanent feature people with taxable income far from of the tax law. In 2013, this the 39.6% bracket may owe more tax phaseout will affect people with because their personal exemptions income over are devalued. Generally, for each ❖ $250,000 for single $2,500 (or fraction thereof ) of AGI taxpayers, taxpayers are over their threshold, ❖ $300,000 for married they will lose 2% of their personal Travelers - One source for your top income tax rate, as well as higher couples filing joint returns and exemptions. They can lose up to 80% their four exemptions. If the Baileys’ AGI in 2013 is tax on long-term capital gains and surviving spouses, their exemptions this way.

Constructionofcasualty, surety and $330,000, they are $30,000 over the relevant threshqualified dividends. However, such old, which is 12 times $2,500. Twelve times 2% inland marine insurance needs. continued on page 3 equals 24%, so the Baileys personal exemptions would be reduced by 24%, from $15,600 to $11,856.

2 Declining Deductions

The same income thresholds apply to the phaseout of itemized deductions. Under this provision, itemized deductions will be reduced by an amount equal to 3% of a taxpayer’s AGI over the relevant threshold.

Thus, if the Baileys have AGI of $330,000, which is $30,000 over their threshold, they will lose $900 of their itemized deductions: 3% of $30,000. (Deductions for medical expenses, investment interest, casualty or theft losses, and wagering losses are excluded from the calculation.) Again, high-income taxpayers can lose as much as 80% of their itemized deductions.

Sustaining the Surtax In the new tax law, Congress took no action regarding the 3.8% Medicare surtax, included in prior health insurance legislation. As explained in the November 2012 Financial Management, this tax takes effect in 2013, affecting people who top these income levels: • $250,000 for married couples filing joint returns and surviving spouses • $125,000 for married individuals filing separately, and • $200,000 for all other single taxpayers For this surtax, the thresholds are based on modified adjusted gross income (MAGI), which is AGI plus any net foreign income. For many taxpayers, MAGI will be the same as AGI. As you can see, lowering your AGI may be able to help you reduce or eliminate the 3.8% surtax and the two phaseouts described in this article. Tactics that lower AGI, such as taking capital losses and maximizing deductible contributions to retirement plans, may also lower your exposure to these taxes. continued on page 59

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APRIL, 2013 NOVEMBER, 2009

Financial Management continued from page 57

A

Estate and Gift Taxes Have Been Clarified

single, unified exemption is available to taxpayers for the estate and gift taxes. A taxpayer can use the exemption to offset otherwise taxable lifetime gifts, and the taxpayer’s estate can use the amount remaining at his or her death to offset otherwise taxable bequests.

The amount of the exemption was a major issue throughout 2012. That exemption was set at $5 million, adjusted for inflation. The inflation-adjusted amount for 2012 was $5.12 million. At that level, relatively few estates owed federal estate tax. However, the law in effect during 2012 called for the exemption to return to its 2003 level of $1 million in 2013. That would have exposed many estates to federal estate tax, with rates as high as 55%.

Instead, Congress largely left the 2012 estate and gift tax rules in place. The unified federal estate and gift tax exemption for 2013 and future years has been permanently set at $5 million adjusted for inflation, with the inflation-adjusted amount for 2013 being $5.25 million. Therefore, estates of people who die with a net worth under $5.25 million and did not make significant gifts during their lifetime generally will not have to pay estate tax.

The only major estate tax change in the new law regards the maximum federal estate tax rate, which has been increased from 35% in 2012 to 40% in 2013 and subsequent years.

Example 1: Anna Carter dies in 2013, when the exemption is $5.25 million. Anna did not use any

of her exemption amount on gifts during her lifetime and leaves an estate valued at $6 million. The $750,000 over the exemption amount will be taxed at the maximum rate of 40%, so Anna’s estate will owe $300,000 (40% of $750,000) in federal estate tax.

Preserving Portability With a $5.25 million federal estate and gift tax exemption amount, a married couple that does not use the exemption to offset any lifetime gifts can potentially leave up to $10.5 million in assets free of estate tax.

In fact, the new tax law makes that simpler to do than has been the case in the past because Congress made permanent what had been a temporary “portability” provision. In prior years, lack of portability created problems for many married couples.

Example 2: Barry and Carla Duncan, a married couple, had total assets of $8 million. Barry died in 2009 and left all of his assets to Carla. Because one spouse’s bequest to the other spouse typically avoids estate tax, regardless of the amount, no estate tax was due.

Assume Carla dies in 2013 with an $8 million estate, and she did not use any of her exemption amount on lifetime gifts. She’ll be $2.75 million over the $5.25 million exemption amount, and her estate will owe $1.1 million in federal tax, at a 40% rate.

To remedy such outcomes, Congress created a temporary portability provision for 2011, a provicontinued on page 60

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Financial Management continued from page 59 sion that’s now a permanent part of the tax code.

With portability, any unused portion of a deceased spouse’s exemption amount can be used by the surviving spouse’s estate. Originally, Congress created this portability opportunity only for deaths in 2011 and 2012. The new law makes portability permanent.

Example 3: If Barry Duncan had died in January 2013, leaving all of his assets to Carla, he would have left $5.25 million of his exemption unused. That amount can be transferred to Carla, if Barry’s executor makes a timely election to do so on a properly filed estate tax return, IRS Form 706. If Carla then dies in December 2013 without using any of her exemption for gifts, her estate would have a total exemption of $10.5 million (her own $5.25 million exemption and a similar one from Barry). Carla’s $8 million estate wouldn’t be taxed by the federal government, for a $1.1 million tax saving.

The new tax law also preserves the federal tax deduction for state estate taxes. This provision should remind you that estates may owe state estate tax even if they are exempt from federal estate tax.

Example 4: Edward Franklin dies in 2013 with a $3 million estate, so he owes no federal estate tax.

However, Edward’s home state exempts only $1 million of assets from state estate tax. His estate is $2 million over the threshold; depending on the state’s tax rates, Edward’s estate may owe many thousands of dollars in state estate tax.

The bottom line is that you should not ignore estate tax planning, even if you have little concern about federal estate tax. Our office can work with you on strategies to reduce exposure to estate tax, state or federal.

Generous Gifts As noted above, you can use your unified federal estate and gift tax exemption amount to offset otherwise taxable lifetime gifts, thus reducing the amount of gift tax you have to pay. However, using the exemption for lifetime gifts reduces the amount of the exemption available to your estate to offset otherwise taxable bequests and reduce the amount of the estate tax.

Example 5: Nancy Harris has never made any taxable gifts. In 2013, she gives $1 million to her daughter Lisa. The first $14,000 of that gift is tax free, covered by the annual gift tax exclusion for 2013.

The other $986,000 is considered a taxable gift but Nancy owes no gift tax because of the lifetime gift tax exemption. After making the gift, Nancy’s lifetime gifttax exemption is $4,264,000: her original $5,250,000 exemption minus the taxable gift of $986,000. That $4,264,000 exemption, indexed for future inflation,

60

can shelter future gifts or bequests from tax.

What’s more, the concept of portability, explained earlier in this article, also applies to gift tax, so once a surviving spouse has increased his or her exemption by the deceased spouse’s unused exemption amount, that increased amount can be used to offset either gift or estate tax.

Example 6: Assume that the transfer tax exemption, which is $5.25 million in 2013, rises to $6 million in a future year, and the annual gift tax exclusion remains $14,000. Nancy Harris dies that same year, having made no additional taxable gifts. Nancy leaves all of her assets to her husband, Pete, thus incurring no estate tax. In this scenario, Nancy’s unused exemption is $5,014,000: her $6 million exemption minus $986,000 in taxable gifts.

Assume that Pete has not made any taxable gifts.

Pete could have a total exemption of $11,014,000 in this example, including Nancy’s unused amount. Pete could make up to $11,014,000 in tax-free gifts, and when he died, any unused gift tax exemption would be available to provide estate tax shelter.

In addition, the generation skipping transfer (GST) tax exemption also is $5.25 million in 2013, indexed to inflation. However, portability does not apply to the GST tax. continued on page 61

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Financial Management continued from page 60

S

Breaks for Business Owners

everal provisions of the new tax law apply to businesses. For the most part, these provisions extend previous law, often through 2013, while some are retroactive to 2012.

First-Year Equipment Deductions Under Section 179 of the tax code, businesses can take a first-year “expensing” deduction for equipment placed in service, rather than spread depreciation deductions over several years. Thus, equipment purchasers get the tax benefits more rapidly, which makes them more valuable.

Throughout 2012, business owners believed the expensing limitation for the year would be $139,000 of equipment, with a phaseout, dollar for dollar, starting with $560,000 of purchases. The new tax law sets the expensing limit at $500,000, with a phaseout beginning at $2 million. The higher limits apply retroactively to 2012 as well as to 2013.

Example 1: Smith Corp. buys $400,000 worth of equipment in 2013. It can take a $400,000 deduction, under Section 179.

$1.9 million) for its equipment purchases in 2013. The $950,000 balance will be deducted over a multiyear schedule.

Bonus depreciation applies only to new equipment. By contrast, businesses may take first-year expensing deductions under Section 179 for purchases of new or used equipment.

Credit Check Several other business-related provisions were extended through 2013 in the new tax law. They include the research tax credit, for increases in qualified R&D; the new markets tax credit, for certain investments in low income communities; and the work opportunity tax credit, for hiring individuals from certain groups with high rates of unemployment. Under the work opportunity tax credit, employers who hire a covered individual generally receive a tax credit equal to 40% of first-year wages, up to $6,000. The tax credit for hiring certain veterans can be as high as $9,600. continued on page 62

Example 2: Jones Corp. buys $2.2 million worth of equipment in 2013. Therefore, Jones Corp. is in the phaseout range by $200,000. Consequently, the company’s first-year deduction will be reduced from the maximum $500,000 to an allowable $300,000.

In 2014, the Section 179 deduction is scheduled to drop to a $25,000 maximum, with a phaseout beginning at $200,000 of purchases. However, Congress has consistently agreed to increase these amounts substantially, with short-term extenders.

Bonus Depreciation In example 2, Jones Corp. buys $2.2 million of equipment in 2013 and expenses $300,000 of those purchases under Section 179 of the tax code. The remaining $1.9 million of equipment purchases must be depreciated.

Typically, businesses must spread depreciation deductions over several years. In recent years, though, “bonus depreciation” has allowed more rapid recovery of the cost of qualified property (which includes most equipment and machinery). The new tax law extends 50% bonus depreciation through 2013.

Therefore, Jones Corp. may be able to take an additional first-year tax deduction of $950,000 (50% of

APRIL, 2013

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61

Financial Management continued from page 61

AMT Relief, Child Tax Credit, and More The American Taxpayer Relief Act of 2012 is far ranging, with many other provisions that might affect taxpayers. They include the following: • Alternative minimum tax (AMT) exemption. For years, Congress has increased the AMT exemption amount with a series of “patches.” Without these increases, the exemption would have been lower and more taxpayers would owe the AMT. The new law sets the exemption amounts for 2012 at $78,750 for married couples filing joint returns and surviving spouses; at $39,375 for married taxpayers filing separately; and at $50,600 for individuals who are not married. In 2013, those amounts are $80,800, $40,400, and $51,900, respectively, and in subsequent years, they will increase with inflation.

• Child tax credit. This credit, which was due to fall to $500 in 2013, is now permanently set at $1,000. That $1,000 tax credit is per child under age 17. Income limits may prevent some parents from receiving some or all of this credit.

• Equality for couples. The new law maintains the rules aimed at eliminating the “marriage penalty.” For example, the standard deduction for a single taxpayer in 2013 is $6,100; the new law assures that the standard deduction for married couples filing jointly will be twice as high: $12,200. If the new law had not passed, the standard deduction for couples would have been only $10,150.

Similarly, the 15% tax bracket for single taxpayers goes up to $36,250 of taxable income, and the new law will mean that bracket goes up to $72,500 for married couples filing jointly. Before the new law extended marriage penalty protection, couples would have moved from the 15% bracket to the 25% bracket with only $60,550 of taxable income.

• Sales tax deduction. People who itemize deductions on Schedule A of Form 1040 can deduct state and local income taxes paid. In recent years, itemizers have had the option of deducting state and local sales taxes continued on page 63

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APRIL, 2013

Financial Management continued from page 62

ship tax credit with the more valuable AOTC in 2009, the AOTC has been a prime tax break. The new law extends the AOTC through 2017.

paid, rather than state and local income taxes. The new law extends this option through 2013, providing an especially valuable benefit to residents of states with no income tax.

• IRA charitable contributions. Generally, taxpayers owe tax if they use IRA money for charitable donations, because IRA distributions must be included in income. In recent years, though, taxpayers 701⁄2 or older have been able to make direct distributions from their IRAs of up to $100,000 to charity without including the distributions in income. The taxpayers didn’t get a charitable contribution tax deduction, but they avoided increasing their adjusted gross income (AGI) by the amount of the distributions and the distributions were treated as part of their required minimum distributions.

The new law restores this tax benefit for 2012 and for 2013. An IRA owner can treat a contribution made to a qualified charity in January 2013 as a 2012 qualified charitable distribution, in many cases.

• American Opportunity Tax Credit. Ever since Congress replaced the Hope Scholar-

Under the AOTC, taxpayers may cut their tax bill by as much as $2,500 per student. To get the maximum credit, you must spend at least $4,000 per student in the relevant calendar year. You can count money spent for students in their first four years of post-high school education. The money you pay for tuition and related fees counts for calculating the tax credit, along with outlays for necessary books, supplies, and equipment but room and board costs don’t count. Income limits prevent some taxpayers from claiming the AOTC. Taxpayers who are not able to claim the AOTC may qualify for the deduction for qualified tuition and related expenses. That deduction, which may be as much as $4,000, although it expired after 2011, is now extended retroactively to 2012 and through 2013 as well. Also included in the new law are continued easing of the tax deduction for interest on student loans and maintenance of the $2,000 limit for annual contributions to Coverdell Education Savings Accounts.

Reprinted from CPA Client Bulletin. n

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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

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Advertisers’ Index ATS Equipment, Inc. ...........................................................26 Adler Tank Rentals ..............................................................38 Aon Construction Services Group........................................39 Arruda Trenchless Construction..........................................57 Boro Sand & Stone Corp......................................................58 Dennis K. Burke, Inc............................................................43 Concrete Systems, Inc..........................................................12 Dagle Electrical Construction, Corp......................................6 Darmody, Merlino & Co., LLP............................................34 DeSanctis Insurance Agency, Inc. .......................................62 Dig Safe System, Inc............................................................50 The Driscoll Agency ............................................................55 EJ...................................................................... Ins. Back Cvr. Eastern Insurance Group, LLC............................................36 Eastern Pipe Service, LLC...................................................13 Eastern States Insurance Agency, Inc..................................41 T. L. Edwards, Inc..................................................................7 Ferguson Waterworks...........................................................58 Geod Consulting, Inc........................................................... 60 L. Guerini Group, Inc...........................................................56 HD Supply Waterworks..........................................................4 A. H. Harris & Sons, Inc. ................................................... 46 Hinckley Allen Snyder, LLP............................................... 24 John Hoadley & Sons, Inc......................................................9 P. A. Landers, Inc.................................................................59 Lawrence-Lynch Corp..........................................................33 Liddell Brothers Inc..............................................................30 Lorusso Corp........................................................................56 Lorusso Heavy Equipment, LLC.........................................10 Mabey, Inc............................................................................52 Mass Broken Stone Company...............................................54 Milton CAT..................................................................... 2 & 3 Our Outhouses, Inc...............................................................54 Palmer Paving Corporation..................................................63 E. H. Perkins Construction Co., Inc.................................... 64 Podgurski Corp....................................................................61 E. J. Prescott, Inc..............................................Ins. Front Cvr. Rain For Rent-New England...................................................8 Read Custom Soils ...............................................................58 Rogers & Gray Insurance Agency, Inc.................................16 Schmidt Equipment, Inc.......................................... Back Cvr. The Scituate Companies.......................................................42 Shea Concrete Products........................................................20 Smith Print............................................................................56 Social Mavens.......................................................................21 Ti-SALES, Inc. ....................................................................31 Albert J. Tonry & Co., Inc....................................................50 Travelers................................................................................57 Tri-Products, LLC................................................................48 United Concrete Products, Inc. ............................................52 United Rentals Trench Safety...............................................32 Wealth Preservation Solutions, LLC....................................11 C. N. Wood Co., Inc. ............................................................18 Woodco Machinery, Inc...................................................... 40

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APRIL, 2013

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