December 2013 co web

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

DECEMBER, 2013

• Governor Patrick Signs Legislation Mandating Use of Cost Adjustment Clauses in Water and Sewer Contracts • UCANE’s 2013 Wrap-Up

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DECEMBER, 2013

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:

Whoever Said the Number “13” is Unlucky was Mistaken

9 UCANE’s 2013 Wrap-Up 15 Legislative Update:

• Governor Patrick Signs Legislation Mandating Use of Cost Adjustment Clauses in Water and Sewer Contracts • Joint Committee on the Environment, Natural Resources and Agriculture Releases Redrafted Legislation on Water Infrastructure • City of Newton Proactively Addressing Water Infrastructure Needs • Senate Passes Minimum Wage Legislation; House Seeks to Potentially Address Unemployment Insurance Reforms as Part of Economic Development Package

25 Reporting Dig Safe Violations 27 Environmental Viewpoint:

Idling of Diesel Engines

28 UCANE’s 40th Annual Christmas Party & Scholarship Auction 32 A World of Thanks to Those Who Continue to Support Our Scholarship Program 35 UCANE’s 2014 Scholarship Applications Now Available 39 Benefits & HR Strategies:

Retirement Plan Update for Employers

43 Video Surveillance Adds Levels of Awareness and Security 49 UCANE’s Third Annual Appreciation Night Trade Show 51 UCANE Welcomes New Members 52 Glen and Carolyn Coulter of Norfolk Power Equipment, Inc. Voted NBM Vendor of the Year 53 Financial Management: • • • • •

Alert: New Rules for Health Insurance Pay Premiums or Pay a Penalty Shopping Malls for Health Insurance Businesses Must Give Notice Update on Same-Sex Spouses

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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Whoever Said the Number “13” is Unlucky was Mistaken The number 13 has proven to be a lucky number for underground water and sewer contractors and municipalities because at the end of 2013, our long sought after Cost Adjustment legislation was signed into law by Governor Patrick. It is somewhat unbelievable that our legislative effort took six years, as it was clearly a fairness issue. Now, neither the contractors nor the owners, will have an advantage over the other. Rather, our Cost Adjustment Law just leveled the underground utility construction playing field. I would like to recognize the efforts of MWRA Executive Director Fred Laskey, COO Mike Hornbrook, and their key personnel for standing up and supporting our legislation. The modifications they made were thoughtful and helped pass our Bill.

I

n addition, UCANE members celebrated our 59th Anniversary at our Annual Banquet on October 26. Through all of the good times in 2013, UCANE did not forget those who have made contributions and sacrifices for humanity and society. This year’s Banquet provided UCANE with the opportunity to recognize some of the 2013 Boston Marathon First Responders in the Law Enforcement Community.

Representatives from five police departments and the State Police were our guests for the evening and were each presented with a 50-inch television for their training rooms. Also, that evening, as is traditional, doctors and researchers from the Boston medical community, most of whom were associated with developing treatments and finding a cure for Leukemia and Lymphoma and other blood related diseases, were introduced and welcomed as our guests for the evening. UCANE has been a major supporter of the Leukemia & Lymphoma Society of Massachusetts for over 30 years and has helped raise millions of dollars for family care and research.

DECEMBER, 2013

On December 4, we held our 40th Annual Christmas Party and Scholarship Auction which, thanks to the generosity of our members and friends, raised enough money to support the awarding of twelve $2,000 scholarships to the sons and daughters of members and their employees. To date, the UCANE Scholarship Fund has awarded over $750,000 in scholarships.

If you think UCANE’s efforts ended there, you’d be wrong. In late summer, our members and staff helped run and support the Sojourner House Golf Tournament which supports homeless families. And there is more…UCANE contributed to more than twenty different charitable endeavors which raised money for various causes including the Diabetes Foundation, the Alzheimer’s Association, the Massachusetts Hospital School, the Joe Andruzzi Foundation, the Rodman Ride for Kids, and the Pan-Mass Challenge, to name a few. continued on page 7

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President’s Message continued from page 5 If there is one organization that knows true humanity and the love and gift of helping others it is UCANE, its members, and staff. I belong to many groups, both charitable organizations and trade associations, and I see firsthand how acts of kindness and charity are handled. I can say emphatically, no group can hold a “candle” to UCANE! Our members outpouring of caring for others is just endemic to this Association. They almost can’t control themselves, and I say this with the pride of being a member for more than 30 years as well as serving as President.

Being a member of UCANE and seeing all the good that is done should fill all of us with pride that we made the right choice by “belonging” to one of the best associations in the country.

As I review the progress UCANE has made over the years, and the attention and priority that water and sewer issues are now given, I believe

the coming year should be a robust one for contractors as essential water and sewer work, which has been delayed or postponed, is finally going to be addressed.

We are blessed in so many ways, and for that we try to give back. My greatest hope and prayer is that the Christmas Season and the New Year find all our members, their employees, and their families in good health and that each of us find happiness and peace in our lives. Merry Christmas and a Happy New Year to All! n

(Please refer to page 9 for UCANE’S 2013 Wrap-Up.)

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DECEMBER, 2013

MA State Legislative and Industry Initiatives UCANE’s Cost Adjustment Bill Signed into Law by Governor Patrick

MA Water Infrastructure Finance Commission (WIFC)

UCANE first filed its Cost Adjustment Bill six years ago, and since that time our staff and members worked with legislators to prove that this Bill was as much a fairness issue as it was a construction issue.

After passing the House and Senate, Governor Patrick signed our bill into law on November 26, 2013. Now, all water and sewer projects advertised for bid after January 1, 2014, and bid under Chapter 30-39M must include Cost Adjustment for fuel (both diesel and gasoline); liquid asphalt; and portland cement contained in cast-in-place concrete when the monthly cost change exceeds plus or minus 5 percent.

The Commission submitted its final report to the Governor and the House and Senate Ways and Means Committees on February 7, 2012. The Report included Massachusetts’ clean water and drinking water needs and the anticipated $21 billion funding gap over the next 20 years. Senate President Therese Murray and Senator Jamie Eldridge then introduced Senate Bill 1880. Representative Carolyn Dykema introduced House Bill 690 and Representative Sean Garballey introduced House Bill 214 (UCANE’s Bill). All three bills, which address some of the financial assistance needed to help municipalities, should be scheduled for a hearing in the near future. UCANE will support any bill that would provide a funding mechanism to help communities obtain additional funding.

Diesel Retrofit Law UCANE continued to work closely with representatives of the MassDEP as well as the EPA to ensure that contractors are alerted to any regulation changes. Contractors have spent substantial amounts of money to retrofit their equipment to create clean air and a safer environment. With redesigned Tier IV engines coming into line in the near future greater results can be accomplished.

Department of Public Utility Meetings The UCANE staff and Legislative Liaison Mark Molloy met with DPU Director Jorge Santi and Bob Hayden of the DPU Pipeline Division to begin an open dialogue and to obtain the latest copy of the DPU Dig Safe Violation Reporting Procedures.

UCANE offered its assistance in the DPUs efforts to protect contractors and the public. Jorge Santi and Bob Hayden will be keynote speakers at UCANE’s January 2014 Dinner Meeting.

Asbestos Removal Training Course UCANE has continued to offer its members the 8-hour Class II Asbestos Training Course prepared and run by ATC Associates, Inc. of West Springfield, MA. Both OSHA and the Department of Labor Standards have approved this course. To date 258 individuals have received Asbestos Cement Pipe (ACP) Worker Safety Certificates. This number includes 42 contractors, as well as representatives from DEP, MWRA, MWWA, and municipalities.

DECEMBER, 2013

Regionalization of Cape Cod’s Underground Infrastructure Some communities on the Cape have been working on their Capital Improvement Plans (CIP), as well as their Clean Water Management Plans, which would include various funding methods. There is a lawsuit that has been filed by the Conservation Law Foundation (CLF) and others against the Federal EPA for failure to enforce the requirements of Section 208 of the Clean Water Act (CWA). A decision was expected in 2013, but to date there has been no final determination. Members of the UCANE staff have been working with the Cape Cod Collaborative (CCC) and have attended several meetings throughout the Cape.

CDL Self Certification Policy UCANE continued to monitor new regulations by the Federal Motor Carrier Safety Administration (FMCSA) requiring all CDL operators to self-certify

by January 30, 2014. The purpose of this policy is to inform the Registry of the type of commerce CDL operators are engaged in and to determine whether or not operators are required to hold a medical certificate. Failure to comply will result in the downgrading of a CDL license to a Class D license, and a fee will apply. For more information on this policy, visit: http:// www.massrmv.com/rmv/license/8cdl.htm continued on page 11

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DECEMBER, 2013

Meetings

2013 Wrap-Up continued from page 9 Continuing Mass. Municipal Assn./ UCANE Relationship The Mass. Municipal Association (MMA) and UCANE have many issues that are of mutual interest. One of the most important issues relates to water and sewer projects, specifically the ability of a city or town to fund the project. To reinforce this relationship, UCANE continues to publish articles from the MMA newsletter in Construction Outlook magazine.

Attended meetings with various business, government, and environmental organizations and state agencies to voice utility construction industry’s position on proposed laws and regulations.

OSHA and Safety Related Issues

Advocated for the passage of UCANE sponsored legislation relative to Cost Adjustment, Interest on Retainage, and “Dig Safe” modifications.

• Continued to monitor compliance of trench safety regulations implemented by the Department of Public Safety and Division of Occupational Safety.

• Had several discussions with DOS/DLS on general public trench safety issues and asbestos pipe removal regulations.

• Held Competent Person and Confined Space Entry training seminars.

Massachusetts Water Resources Authority (MWRA)

Federal Legislative and Industry Initiatives

Refiled Legislation

The UCANE staff attended several MWRA Advisory Board meetings in order to keep up with discussions on necessary clean water and drinking water projects, and methods of funding them.

Attorney General Regularly met with AG’s Staff to discuss issues of concern to the construction industry.

• Clean Water Construction Coalition (CWCC) members worked with the House and Senate to maintain the Final 2013 SRF Appropriations for Wastewater (approx. $1.1B) and Drinking Water (approx. $860M).

• Vincent Barletta (Barletta Heavy Division) was reelected to the CWCC Steering Committee. continued on page 13

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DECEMBER, 2013

2013 Wrap-Up continued from page 11

UCANE’s Second Annual Trade Show • Held UCANE’s Second Annual Trade Show as a way of thanking Construction Outlook advertisers.

Twenty-eight Associate member companies took advantage of a complimentary opportunity to set-up displays and handout literature detailing their products and services prior to the March Construction Forecast Dinner Meeting. Company representatives were able to meet and talk with many of UCANE’s contractors and their key personnel in a social setting. Our Third Annual Trade Show will be held prior to our March 19 Dinner Meeting. (See page 49 for more info.)

Member Communications • Sent monthly e-newsletter to keep members informed of the latest construction and legislative related issues. As a complimentary feature to support our “Buy from UCANE Member Program” the e-newsletter includes Construction Outlook advertisers on a rotating basis, • UCANE’s website makes it easier for members to access information for all our events, seminars, and meetings. It includes an e-version of Construction Outlook magazine as well as all of our advertisers.

Charitable Events • Supported Leukemia & Lymphoma Society of MA Fourth Annual “Gala for a Cure” through Co-chairs Al and Rosemary Morteo (FED. CORP.).

• Supported the Diabetes Foundation “High Hopes Gala” through Co-chairs Terri and Dale Pyatt (Jay Cashman, Inc.) • Supported the Joe Andruzzi Foundation to help cancer patients.

• Sponsored the Mystic River Herring Run & Paddle to support the Mystic River Watershed Association.

• Co-chaired 12th Annual Sojourner House Golf Tournament, a shelter for homeless families.

• Supported Pan-Mass Challenge through Tom Descoteaux (R. H. White Const. Co.) and Joel Lewin (Hinckley Allen, LLP).

• Supported the “Rodman Ride for Kids” through Rodman Ford Sales, Inc. • Supported the Alzheimers Association through the Richard Pacella Family.

• Supported the “Tour de South Shore” through the McCourt Foundation.

• Supported the Massachusetts Hospital School through K & K Excavation Co., Inc. n

College Scholarship Program • Awarded twelve $2,000 college scholarships to High School seniors who are the children of UCANE members and their employees.

• Held successful Christmas Party and Auction to support our Scholarship Program.

• Honored former UCANE members with Memorial Scholarships and Honorary Scholarships.

Honors & Awards at UCANE’s 59th Annual Banquet

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• Presented 2013 “Contractor Member of the Year Award” to Jerry Gagliarducci, Gagliarducci Construction, Inc. • Presented 2013 “Associate Member of the Year Award” to John Sullivan, Jr., Boston Water & Sewer Commission.

• Honored Boston Marathon First Responders from the Boston, Cambridge, MIT, Newton, and Watertown Police Departments and the Massachusetts State Police.

• Honored Doctors and Researchers from the Boston Medical Community.

DECEMBER, 2013

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DECEMBER, 2013

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Governor Patrick Signs Legislation Mandating Use of Cost Adjustment Clauses in Water and Sewer Contracts

T

he Massachusetts legislature sent legislation (House Bill 3562) mandating the use of cost adjustment clauses, also known as price adjustment, for water and sewer projects to the Governor’s desk at the end of November. After a short period of deliberation, Governor Patrick signed the legislation into law as Chapter 150 of the Acts of 2013.

As you may recall from previous legislative updates, the House and Senate originally included language requiring price adjustment clauses for road, bridge, water, and sewer projects under Mass. Gen. Laws ch. 30 (horizontal), ch. 149 (vertical), and ch.

25 (design-build) construction work within the Fiscal Year 2014 budget. The Governor, who supports price adjustment clauses, returned that section with an amendment applying price adjustment clauses to only Mass. Gen. Laws ch. 30 work. While this amendment was acceptable, the Massachusetts Water Resources Authority (MWRA) raised a concern that the language pertaining to water and sewer projects should be more appropriately tailored. Accordingly, UCANE and the MWRA met throughout the months of August and September to tailor language more appropriate for water and sewer projects. This legislation, supported by the MWRA and UCANE, incorporated the Governor’s amendment.

In particular, the language passed now applies only to horizontal work conducted under Mass. Gen. Laws ch. 30, §39M. In working with the MWRA, price adjustment language referencing “steel” does not apply to “water and sewer” projects. The type of asphalt that is subject to great fluctuations is “liquid asphalt”, and has been identified for price adjustment for water and sewer projects. Finally, in an effort to ensure that price adjustment clauses did not inadver-

DECEMBER, 2013

tently apply to precast concrete pipe or valves (where price is locked in at the time of bid submission), the law specifies, “portland cement contained in cast-inplace concrete” for water and sewer projects. In an effort to allow for the implementation of these clauses in an orderly fashion, price adjustment under ch.

30, §39M applies to projects advertised for bid after January 1, 2014.

While cost adjustment clauses are not a panacea for what ails the construction industry, they are important nonetheless. Cost adjustment clauses have definite benefits because they: (a) provide lower bid prices; (b) provide greater contractor stability; (c) promote greater competition from contractors; (d) lead to fewer bid retractions; and (e) can benefit the awarding authority in the event of a cost decrease.

To that final point, contractors should be aware that cost adjustment clauses apply if there is a greater than 5 percent increase or decrease in cost.

UCANE would like to thank Senate President Therese Murray, Speaker of the House Bob DeLeo, the respective Ways and Means Chairmen, Representative Brian Dempsey, Senator Stephen Brewer, andf House Ways and Means Vice Chairman Stephen Kulik for their support and assistance in this matter. UCANE also extends its great appreciation to legislative sponsors Representative Antonio Cabral and Senator James Timilty, and their highly professional staffs for their tireless efforts to get this legislation passed. Finally, UCANE, in addition to thanking the Governor for signing this legislation, offers a special thank you to the MWRA personnel, who worked with UCANE to ensure that the language properly addressed water and sewer projects. continued on page 17

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Legislative Update continued from page 15 Below is the official e-version of the price adjustment language. It will be incorporated as part of Mass.

Gen. Laws in future publications and “pocket parts”.

Acts 2013 Chapter 150 An Act Relative To Price Adjustments For Certain Materials In Construction Projects.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith certain price adjustments, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1. Chapter 30 of the General Laws is hereby amended by inserting after section 38 the following section: Section 38A. Contracts for road and bridge projects awarded as a result of a proposal or invitation for bids under section 39M shall include a price adjustment clause for each of the following materials: fuel, both diesel and gasoline; asphalt; concrete; and steel. Contracts for water and sewer projects awarded as a result of a proposal or invitation for bids under said section 39M shall include a price adjustment clause for fuel, both diesel and gasoline; liquid asphalt; and portland cement contained in cast-in-place concrete. A base price for each material shall be set by the awarding authority or agency and shall be included in the bid documents at the time the project is advertised. The awarding authority or agency shall also identify in the bid documents the price index to be used for each material. The price adjustment clause shall provide for a contract adjustment to be made on a monthly basis when the monthly cost change exceeds plus or minus 5 percent.

SECTION 2. Section 1 shall apply to projects which are advertised for bid after January 1, 2014.

Approved, November 25, 2013. continued on page 19

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DECEMBER, 2013

Legislative Update continued from page 17

Joint Committee on the Environment, Natural Resources and Agriculture Releases Redrafted Legislation on Water Infrastructure

T

he Joint Committee on Environment, Natural Resources and Agriculture, co-chaired by Senator Marc Pacheco and Representative Anne Gobi, released a redrafted version of the Senate President’s water infrastructure legislation (S. 1880) in late November.

In the committee redraft, the legislation retains the proposed increase to the Water Pollution Abatement Trust’s (WPAT) borrowing cap from $88 million a year to $138 million, with a floor for annual spending set at 80 percent of the cap. As in the Senate President’s original legislation, the WPAT would also be given the flexibility to set interest rates on the municipal loans between 0-2 percent, and to create a principal loan forgiveness program for qualified projects.

In a change from the initial filing, the newly redrafted legislation would authorize $250 million in borrowing for the “Massachusetts Clean Water Trust” and up to $200 million for infrastructure from capital gains revenues that would otherwise have gone into the Commonwealth's stabilization account. Specifically, the legislation provides that a quarter (25 percent) of the capital gains taxes collected in excess of $1 billion will be directed toward three specific revolving funds: 1. The WPAT’s Clean Water Revolving Fund (10 percent up to $80 million); 2. The WPAT’s Drinking Water Revolving Fund (5 percent up to $40 million); and 3. The new Water Infrastructure for Small Communities Grant Fund (10 percent up to $80 million).

related to "water banking" that would give cities and towns a local option to charge developers a fee to cover the environmental mitigation costs associated with supplying water to new business or residential developments; (c) provisions allowing the WPAT to set up a principal loan forgiveness program; (d) requiring communities to have an enterprise fund for water infrastructure investments as a condition of receiving a WPAT loan; and (e) new eligibility guidelines for state grants that will encourage municipalities to adopt best management practices, including but not limited to asset management and full-cost pricing.

The legislation, which was released favorably, has not been forwarded to another committee for its consideration at the time of this writing. continued on page 21

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(Note: as contemplated, a portion of the new funding, from the Massachusetts Water Infrastructure Improvement Fund, would be distributed based on a formula similar to the Chapter 90 program for roads and bridges.)

Among items retained by the committee from the original legislation: (a) incentives for communities abutting the Massachusetts Water Resources Authority to join the MWRA, including an offer from the state to split the $5 million cost of joining and setting aside $1.5 million in technical assistance grants to help cities and towns join; (b) provisions

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Legislative Update continued from page 19

City of Newton Proactively Addressing Water Infrastructure Needs

A

ccording to the Newton TAB, Newton residents paid approximately $24 million in sewer charges to the MWRA last year, but the city estimates that more than 60 percent of that “sewage” was actually rainwater and groundwater that shouldn’t be flowing through city’s sewer system at all.

Whether through infiltration, groundwater that leaks into the sewer pipes through cracks and deteriorated joints, or inflow, groundwater from underground drains that were constructed decades ago to drain water out of swampy areas to create buildable lots for new residential neighborhoods, the City of Newton is trying to deal with clean water being pushed through its sewer system.

The net result? Newton’s residents and businesses may pay a surcharge to the MWRA if the city sends too much sewage into the system. Therefore, Mayor Setti Warren and his Administration have been proactively studying and addressing this problem.

The City estimates that separating groundwater from sewage equates to a roughly $50 million problem.

While sewer rate increases have historically fluctuated as much as 12 percent from year to year, the City has now determined to cap increases at 3.9 percent annually through 2022 while repairs are underway. According to the TAB, the city recently completed the first year of planned repairs. Work already completed will save the city an estimated $628,314 on the FY14 MWRA bill, according to Newton COO Bob Rooney, and will allow the city to pick up the pace of the repair work and shave a year off what was originally an 11-year plan to repair pipes.

In accordance with best management practices, the City has used cameras, smoke tests, pumping records, and visual inspections to identify most of its major leaks. Through their asset management efforts, they have been able to prioritize projects and spend taxpayer funds more effectively. To address the current situation, leaking sections of pipe are being relined and certain existing groundwater drains disconnected. continued on page 23

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Senate Passes Minimum Wage Legislation; House Seeks to Potentially Address Unemployment Insurance Reforms as Part of Economic Development Package

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t the end of the formal session for the first year of the two-year legislative session, the Massachusetts Senate voted overwhelmingly to raise the state's minimum wage from $8 per hour to $11 per hour over three years. The legislation, if passed by the House and signed by the Governor, would set the Commonwealth as the highest such rate in the nation.

Under the bill, the minimum wage would increase to $9 per hour on July 1, 2014; $10 per hour on July 1, 2015; and $11 per hour starting July 1, 2016. The minimum wage in Massachusetts increased to $8 per hour in January 2008. As part of an amendment to the legislation, the Senate also voted 31-7 to increase the wage for employees who receive tips, to half the amount of the minimum wage rate.

In somewhat of a trend for this legislative session, the legislation indexes the Commonwealth's minimum wage to inflation. Starting in 2016, the minimum wage would rise each year at the same rate as the consumer price index for the Northeast. For comparison purposes, Rhode Island increased its minimum wage to $8 per hour starting January 1, 2014, while Connecticut and New York are raising their wages to $9 per hour on January 1, 2015 and December 31, 2015, respectively.

Currently, the State of Washington has the highest state minimum wage at $9.19 per hour; followed

by Oregon at $8.95 per hour, and Vermont at $8.60 per hour. California, which recently revamped its minimum wage law, will see its rate increase from $8

per hour to $9 per hour on July 1, 2014, and then increase to $10 per hour on January 1, 2016.

Leadership in the Massachusetts House of Representatives has expressed caution at the Senate’s passage of a minimum wage increase. Specifically, Speaker DeLeo has expressed an interest in tying any increase in the minimum wage to a comprehensive economic development package that balances the needs of business with the needs of those earning the minimum wage. One particular area that the business community has identified as in need of reform is the unemployment insurance system. Accordingly, many legislators expect the Massachusetts House of Representatives to consider unemployment insurance reforms as part of any package it considers relative to an increase in the minimum wage. n

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5/15/13 3:42 PM

DECEMBER, 2013

Reporting Dig Safe Violations Dig Safe regulations are meant to protect everyone, from contractors performing work, to the public-at-large. Some of the most affected contractors are UCANE members who repair or replace water and sewer systems in some of the most congested areas, including along city and suburban streets and major highways.

They continually come in contact with other buried utilities, such as electric, power and security wires, natural gas lines, and video and fiber optic systems. The accidental rupture of any one of these utilities can result in, at the very least, an interruption in essential services, and in the worst-case scenario, injury and/or death to workers and the public.

By the very nature of our work, it is imperative that our members and their employees perform their jobs, at all times, in a safe manner. Therefore, it is in the best and mutual interest of the underground utility construction Industry and UCANE, which are both committed to assuring that the public is protected and our members’ employees’ are working safely, to support and partner with the Massachusetts Department of Public Utilities (DPU) to educate and assure all Dig Safe regulations are followed.

Members of the UCANE staff recently met with DPU Director Jorge Santi and Robert Hayden of the Pipeline Division to obtain the latest copy of the DPU Dig Safe Violation Reporting Procedures and to discuss how UCANE can assist the DPU in their efforts. As a result of our discussion, Jorge Santi and Bob Hayden have agreed to be keynote speakers at our January 22,

DECEMBER, 2013

2014 Dinner Meeting and review the reporting requirements and answer any questions our members may have. This will be a great opportunity to meet the DPU Director and to show our absolute commitment to following Dig Safe laws. UCANE urges every member to attend this important meeting.

Below is a brief summary of the common violations for Dig Safe incident reporting sent to us by Bob Hayden for your review.

Reporting Dig Safe Violations to the Department of Public Utilities Utility companies are required to report “all suspected” Dig Safe violations to the DPU within 30 days of learning of the circumstances constituting the suspected violation. 220 CMR 99.01 This includes reporting violations committed by the utility company itself, as well as violations committed by contractors, excavators and homeowners.

What constitutes a violation? M.G.L. c 82, §40, 40A-40E defines the entire Dig Safe Law. In summary, below are some utility and contractor responsibilities (but these are not all):

Utility Company responsibilities in accordance with the Dig Safe law: • Must “mark out” its underground facilities prior to the “legal start time” on the Dig Safe ticket.

This is usually three business days, but the exact date and time is on the ticket. G.L.c82, §40B • Must use the “center line” method to mark-out its facilities. 220 CMR 99.05(1) • Must mark using the “standard color coded markings”. G.L.c 82, §40 • The mark-out must be accurate (in accordance to the accuracy requirements of the Dig Safe law). 220 CMR 99.05(1) • Must mark-out at least 15 feet beyond the excavator’s pre-marks. G.L.c 82, §40B continued on page 26

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Reporting Violations continued from page 25 • Must report all suspected violations of the Dig Safe law to the DPU within 30 days of learning of the violation (failure to do so, is a violation itself). G.L.c82, §40C

Excavator responsibilities:

• Must notify the utility company immediately if any damage is made to the underground facility (even if damage is minimal). G.L.c 82, §40C

What does the DPU need to enforce an alleged Dig Safe violation?

• Must maintain marks (or call for a re-mark) when the original markings become faded.

G.L.c82, §40C

• For the DPU to successfully enforce an alleged Dig Safe violation, the evidence provided must be comprehensive enough to refute an opposing viewpoint.

• There must be sufficient concrete evidence to withstand challenges.

• What helps? Photographs or video tape taken after a mark out is performed, but prior to excavating.

• Anything that shows a neutral observer that the marks were performed accurately.

• Photographs depicting the markings and damaged facility in the same photograph are very helpful.

• Must excavate while using reasonable precaution to avoid damage to underground facilities (in some cases, handing digging should be used to find facilities before using heavy machinery). G.L.c82, §40C

Dig Safe violation report forms are available on the DPU website at: http:// www.mass.gov/eea/docs/dpu/pipeline/ digsafe/dig-safe-violation-report.pdf n

• Must call Dig Safe. G.L.c82, §40A • Must provide accurate information when calling Dig Safe. Cannot excavate beyond the scope of their ticket (outside the area described in the ticket). See 220 CMR 99.02 for “Description of excavation location”.

• Must pre-mark proposed excavation area with white paint. G.L.c82, §40A • Must commence excavation within 30 days of obtaining Dig Safe ticket. G.L.c82, §40A

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DECEMBER, 2013

Environmental Viewpoint Robin L. Main, Esq.

Hinckley Allen, LLP

Rhiannon Campbell, Esq.

Idling of Diesel Engines Note: Robin L. Main is a Partner in Hinckley Allen LLP’s litigation group and co-chair of the firm’s environmental practice group. Rhiannon A. Campbell is an Associate in Hinckley Allen LLP’s litigation and environmental practice groups.

For each hour it idles, a heavy-duty truck can burn approximately one gallon of diesel fuel. This idling can cause pollution, produce waste, and increase fueling costs.

Moreover, excessive idling can cause engine wear, increasing maintenance costs and decreasing engine longevity.

R

ecognizing these impacts, all six New England states have developed anti-idling regulations. For example, in Massachusetts, unnecessary idling of motor vehicles in excess of five minutes is not permitted. Rhode Island limits unnecessary idling of diesel motor vehicle engines to five minutes in any one hour time period, but goes further in prohibiting unnecessary idling of non-road diesel engines entirely. Connecticut, with some exceptions, limits unnecessary idling to three minutes.

In Massachusetts, Rhode Island, and Connecticut, these anti-idling regulations are part of State Implementation Plans (“SIPs”). SIPs are plans developed by each state detailing how the state will comply with federal Clean Air Act air quality standards. SIPs, and the anti-idling regulations they contain, are federally enforceable. As a result, both the state government and the United States Environmental Protection Agency (“EPA”) have the authority to enforce these antiidling regulations. In fact, the EPA has taken enforcement actions against a number of companies in each of these states for alleged violations of the anti-idling regulations, often with penalties in excess of $100,000.

The EPA has worked with the freight industry to develop the SmartWay Transport Partnership (“SmartWay”) to combat some of the problems caused by excessive idling. As a part of SmartWay, the EPA has developed a list of verified idling reduction technologies that may be available on new vehicles or installed on older vehicles. These technologies include, but are not limited to, electrified parking spaces, battery

DECEMBER, 2013

air conditioning systems, and automatic shut-down and start-up systems. Certain idling reduction devices are exempt from the federal excise tax when they are purchased with a new truck. For more information on idling-reduction technologies visit http://www.epa.gov/ smartway/technology/idling.htm. n

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

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

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

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Annual Christmas Party & Scholarship Auction More Fun and Entertaining Than You Can Imagine!

The spirit of Christmas and the desire to help others is alive and well and living in every UCANE member. Nothing could make a member feel more proud than to have participated in UCANE’s 40th Annual Christmas Party and Scholarship Auction.

UCANE members’ generosity is unparalleled, as once again this year more than 100 companies and friends donated products, services, and cash which allowed us to buy unusual items. Over 200 people attended the event to support our scholarship program and bid on these items. Let’s face facts…while UCANE may not be the largest trade association in the nation, member for member this organization does more for others than many larger ones do with double or triple the membership.

If

you attended our Auction, then you understand how difficult it is to describe what you saw. If you were not able to attend, I’ll do my best to describe what you missed.

As you walked through the doors of the main ballroom at The Lantana in Randolph, MA you could not help but catch the Christmas spirit as you were greeted by a winter wonderland of flashing lights stretching from one end of the room to the other outlining the beautiful and unusual items displayed for auction. Music from an AMI Rowe Juke Box filled the room as it mixed with the excitement and sound of the members who were reviewing each item while reading its description in our catalog.

This year the UCANE auction introduced a new concept which we called our “Avenue of Shops” where members and their guests could shop for holiday gifts ranging from designer purses and jewelry to elegant home décor, as well as our own UCANE designed “Boston Strong” hooded sweatshirts. The items were then gift wrapped and ready for holiday gift giving.

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While guests enjoyed a gourmet buffet dinner, Executive Director Anne Klayman kicked off the evening by thanking everyone for supporting this event that helps fund our twelve $2,000 college scholarships that are awarded to deserving students, who are the children of our members and their employees. She then went on to introduce and welcome new members Kevin Grant, Michael Sciaba, and Matt Starnes from Allied Recycling Center who were referred by Gerry Carney of Lorusso Heavy Equipment, LLC; Paul Gabriel, Laura Trahan, and Mark White from Environmental Partners Group, Inc.; and Peter Jacavone from Starkweather & Shepley Insurance Brokerage, Inc..

Anne also introduced two prospective members who joined us for the evening. John Suprenant from Moriarty & Primack, P.C. and Butch Thibault from Thibault Fuel, LLC were sponsored by Jerry Gagliarducci, Gagliarducci Construction, Inc. She then drew the names of over 40 lucky raffle winners who received prizes ranging from official

DECEMBER, 2013

Red Sox World Series jackets and tickets to the Central Square Theatre, to dinner gift certificates, bottles of wine, and a child’s Yamaha battery operated ATV, to name a few.

One of the highlights of the evening is witnessing the camaraderie and fun competition that is generated during some fierce bidding wars, especially when it comes to bidding on Christmas inflatables, including a 15-foot inflatable Santa in a hot air balloon; Santa on a motorcycle; Santa and three of his friends at an “Ugly Sweater Party”; and of course Snoopy.

These inflatables are always bid high because some members absolutely “have to have” one for their jobsites or business.

UCANE members generously donated items such as gravel and stone, equipment rentals, tickets to sporting events and concerts, as well as very unique items including a Boston Bruins Super Check Bubble Hockey arcade game, an autographed “Gronk” jersey, a pair of child’s lounge chairs with umbrellas, a juke box with 200 CDs, a Coleman gas powered mini continued on page 31

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EJ is your trusted source for infrastructure access solutions. Now offering solutions in a variety of materials – ductile iron, cast iron, aluminum, and composite.

Learn more at ejco.com or call 800 626 4653 East Jordan Iron Works is now EJ

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DECEMBER, 2013

Auction continued from page 29 bike, and a Red Sox Luxury Suite for 22 people.

The list of unique and different items could go on and on, as UCANE members' generosity is unparalleled.

There was literally something for everyone’s interest and taste. This year there was even a Tiki Hut Bar with two swivel stools. For the sports enthusiast there were Red Sox, Patriots, Bruins, and Celtics tickets; beautifully framed and autographed photographs of sports stars, including, Red Sox Koji Uehara and Jonny Gomes; Patriots Vince Wifork and the “Gronk”; and from the Bruins, a rare autographed photo of Tuukka Rask, and the infamous Terry O’Reilly. For the music memorabilia fans there was a Rolling Stones collage with a picture, an album cover, and a guitar signed by each of the band members. There was furniture, including a mahogany two tier desk, a cocktail and storage table; and a furniture quality foosball table.

For the youngsters there was a battery operated John Deere tractor, and for the travelers there were two round trip airline tickets anywhere in the continental United States, including Alaska.

The UCANE staff wants to express their gratitude to our members and friends who so generously donated their products and services, and also cash to buy the more unique auction items, and to those who purchased these items. Not only was the night dedicated to the worthy cause of our Scholarship Fund, it was a night filled with fun, friends, competitive bidding, and laughs which was the perfect way to kick off the holiday season. n

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A world of thanks to the following UCANE members and friends who donated cash or provided items or services for our auction...and to those who purchased auction items.

ATS Equipment, Inc. Aggregate Industries-N.E. Region Albanese Bros., Inc. Allied Recycling Center A. F. Amorello & Sons, Inc. A. Andreassi & Son, Inc. Aquitaine Restaurant BakerCorp Barletta Heavy Division A. R. Belli, Inc. Benevento Companies Biszko Contracting Corp.

Bob Bizak (Rogers & Gray Ins.) Brookmeadow Country Club C.J.P. & Sons Const. Co., Inc. P. Caliacco Corp.

Jay Cashman, Inc. Celco Const. Corp.

Central Square Theater Concrete Systems, Inc. Dagle Electrical Const., Corp.

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Dale Carnegie Institute Gencorp Insurance Group D’Allessandro Corp.

Pelino Gioioso J. D’Amico, Inc. P. Gioioso & Sons, Inc. Darmody, Merlino & Co., LLP Donna Grant Doering Equip. Co., Inc. Green Environmental, Inc. James J. Dowd & Sons Insurance L. Guerini Group, Inc. The Driscoll Agency HD Supply Waterworks EJ HD Supply Whitecap Eastern States Ins. Agency, Inc. The Hall at Patriots Place T. L. Edwards, Inc. I.W. Harding Const. Co., Inc. Elephant Walk Restaurant A. H. Harris & Sons, Inc. Environmental Partners Group Inc. HUB Int’l New England, LLC Equipment4Rent Huntington Theater F1 Boston Iaria Bros., Inc. FED. CORP. Improv Asylum Feeney Bros. Excavation Corp.

P. T. Kelley, Inc. Ferguson Waterworks Kirkland, Albrecht & Fredrickson, LLC The Fireplace Restaurant The Lafayette House, Walpole, MA Four Points By Sheraton Hotel P. A. Landers, Inc. GVC Construction & Engineering, Inc. Lawrence-Lynch Corp.

Joel Lewin (Hinckley Allen, LLP) Gagliarducci Construction, Inc. Lorusso Corporation Garrity Asphalt Reclaiming, Inc.

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Lorusso Heavy Equipment, LLC S. M. Lorusso & Sons, Inc. Lovin’ the Oven Ludlow Construction Co., Inc. Marois Bros., Inc. McCourt Construction Co. McDevitt Trucks McGladrey Milton CAT Newport Vineyards Newton Marriott Hotel Northeast Traffic Control Services, Inc. Ocean State Oil Daniel O’Connell’s Sons, Inc. Robert B. Our Co., Inc. Our Outhouses, Inc. E. H. Perkins Const. Co., Inc. Podgurski Corp.

DECEMBER, 2013

J. A. Polito & Sons Co., Inc. Systems Support Corp.

E. J. Prescott, Inc. TD Garden H. R. Prescott, Inc. Taylor Oil Company The Preservation Society, Newport, RI Thibault Fuel, LLC RJV Construction Corp.

Albert J. Tonry & Co., Inc. RoadSafe Traffic Systems, Inc. Triumph Modular SB General Contracting, Inc. USI New England Schmidt Equipment, Inc. Umbro & Sons Construction Corp.

Scituate Concrete Pipe Corp.

United Rentals Trench Safety Scituate Precast Corp.

Vellano Bros., Inc. Scrap-It, Inc./Minichiello Bros., Inc. WHDH-TV Channel 7 Social Mavens W. Walsh Co., Inc. Southern Redi-Mix Corporation Water Works Supply Corp.

SpeakEasy Stage Company WES Construction Corp.

Starkweather & Shepley Insurance R. H. White Construction Co., Inc. Brokerage, Inc. C. N. Wood Company, Inc. The Stiles Company, Inc. Woodco Machinery, Inc. Support of Excavation (SOE) R. Zoppo Corp.

Sylvan Learning Centers

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Scholarship Applications Now Available

UCANE To Award Twelve $2,000 Scholarships WHO MAY APPLY? Any high school student who is the son or daughter of a UCANE member or an employee of a member who will be enrolling full time in an accredited four year academic institution for the year beginning in September 2014.

IMPORTANT: In the event the applicant receives a full four year scholarship from the college of his/her choice, the UCANE scholarship will be awarded to another applicant.

HOW WILL THE APPLICATION BE JUDGED? This year there will be twelve $2,000 scholarships awarded. Selections for the awards will be based upon: 1. scholastic achievement 2. interest and effort in preparing for your vocation 3. extra curricula activities at and away from school, including community service 4. personal recommendations 5. personal essay 6. financial need

HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED? Each applicant is assigned a number. When completed, page 1 of the application with the name of the applicant must be detached and sealed in the accompanying envelope. The applicants name must not appear on pages 2-4 of the application or attached transcripts and recommendations. After the winning applications have been selected, the envelopes with corresponding numbers will be opened to identify the award recipient.

WHAT MUST ACCOMPANY THE APPLICATION? 1. A transcript of high school grades through the latest period prior to April 15 must accompany application.

2. A letter of recommendation from the principal or faculty advisor. The letter should include the number of students in the class and the standing of the applicant or equivalent must accompany application.

3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community, (optional but recommended).

4. Please indicate the UCANE company by which you or your parent is employed.

NOTE: The name of the applicant must be deleted entirely from pages 2 through 4 and all accompanying correspondence, and your application number must be inserted in its place.

WHEN MUST I APPLY? All applications must be submitted no later than April 15, 2014.

FOR AN APPLICATION, PLEASE SEND YOUR WRITTEN REQUEST TO: Utility Contractors’ Association of New England, Inc. 300 Congress Street • Suite 101 • Quincy, MA 02169 Tel: 617.471.9955 • Fax: 617.471.8939 • Email: aklayman@ ucane.com

DECEMBER, 2013

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New UCANE June ad 2012.indd 1

DECEMBER, 2013 6/8/12

3:11 PM

UCANE’s Wish For Its Members Is Good Health And Good Cheer, A Prosperous 2014…And A Happy New Year!

DECEMBER, 2013

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BENEFITS & HR TRATEGIES

Greg Lewis Senior Retirement Consultant Pinnacle Financial Group

Retirement Plan Update for Employers To Loan or Not to Loan?

According to the Profit Sharing Council of America’s (PSCA) recently published 55th Annual Survey of Profit Sharing and 401(k) Plans, loans are permitted in 88 percent of profit sharing/401(k) plans. If your organization currently offers such loans, consider adding a discussion about the pros and cons of this provision to your next fiduciary committee meeting agenda.

Many plan sponsors and plan participants mistakenly believe that the plan has an obligation to offer loans. Even more misguided may be the perception that the loan provision enhances the plan and encourages participation. On the contrary, participants utilizing the loan option substantially reduce their savings potential which is entirely counter to the core objective of a retirement plan. Finally, loan elimination does not deter participation. As a result, plan sponsors are increasingly embracing and adopting a “courageous” plan design philosophy to eliminate loans.

F

ollowing are the top reasons a “tough love” approach to retirement plan loans is necessary to help participants achieve their retirement income goals: • As loan assets are removed (borrowed) from the plan, they are not invested in the plan’s offerings and may result in a lost opportunity for asset growth. While the interest is intended to make up for the lost opportunity, it often falls well below market returns, particularly in low interest rate environments.

• While it is true that the participant is (re)paying himself/herself back, the after-tax interest paid on plan loans (which can be considerable) is added to the participant’s account as a “pretax” deposit by the plan’s record keeper, resulting in “double-taxation” when the account is eventually paid out.

• Loan set-up and maintenance fees may apply.

• Participants often elect to reduce or suspend contributions during the repayment period resulting in diminished accumulation and possibly missed company match.

DECEMBER, 2013

• Termination of participant employment most often triggers immediate and full loan repayment.

• Participants unable to make such repayment incur taxes and, in many cases, penalties. Further complicating matters is that participants often take the loan in the first place due to some degree of financial distress, making it rather unlikely that they can come up with the cash needed for this repayment. The resulting penalties are only part of the problem, as most will not be able to later replace the qualified savings lost to default.

• Loans require plan sponsor administration which can be time-consuming, cumbersome and costly.

If your fiduciary committee elects to eliminate loans from your organization’s retirement plan design, a participant showing displeasure or pulling on the heart strings could understandably raise doubt after the fact. Make sure your decision is made with fortitude and a clear, positive message for participants about providing as much security as possible to their retirement investment. continued on page 40

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Benefits & HR Strategies continued from page 39 Intermediate steps that can ease the transition to no loans are: • If you offer participants the option of multiple loans, consider reducing the number of loans that may be taken at one time to just one.

• Restrict loans to hardship withdrawal situations.

All plans, and their participant bases are unique, carefully consider whether such a design change makes sense given your knowledge of your employees. And, as always, act in the best interests of your participants and their beneficiaries.

Understanding Plan Eligibility Retirement plan eligibility requirements are a more valuable and flexible component of retirement plans than many employers realize. Understanding eligibility requirement options is the first step in ensuring they suit your organization’s retirement plan benefit package and that the benefit is competitive with peers in your industry and/or region.

Plans that were established many years ago often applied fairly restrictive eligibility and entry dates due to limited resources and a desire to ease the administration of the plan. As organizations evolve and grow, plan sponsors should be revising any unduly

restrictive provisions in order to enable more participants entry into the plan.

Eligibility can be comprised of a variety of basic requirements, such as: Waiting Period. The longest generally accepted waiting period for eligibility is 12 months. The maximum waiting period that a company can choose is two years, an option only available with plans that also provide immediate 100 percent vesting in employer contributions. Most companies are unwilling to provide such vesting and prefer quicker eligibility.

Minimum Age. The age requirement cannot be younger than 18 years old or exceed 21 years old.

Minimum Number of Hours Worked. Employers do not have to establish a minimum number of hours worked for employees to be eligible, however, the maximum number of hours that an employee can be required to work to become eligible is 1,000 hours.

If the waiting period is less than 12 months, employers may have to prorate the annual hour requirement.

On-Going Requirements. As an on-going requirement, companies can require employees to be employed on the last day of the plan year and/or work at least 1,000 hours during the 12 month plan year to be eligible for a company contribution. continued on page 41

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DECEMBER, 2013

Benefits & HR Strategies continued from page 40 Note that immediate eligibility is permissible and plans are not required to have a waiting period, age requirement or hours worked requirement.

Other considerations are: “Dual Eligibility”. Plans can have different waiting periods for employee contributions and employer contributions. For example, companies can choose “dual eligibility” and allow employees to begin contributing their own contributions after three months of employment, but complete a year of service to be eligible for company matching contributions. Companies may consider this option when employer matching cost and employee turnover are a concern.

Once an employee has met the eligibility requirements for the plan, they will enter the plan on pre-established intervals. These entry dates can be anywhere from immediate entry (first pay period after meeting eligibility requirements) to an annual entry date which is only available if the plan has immediate eligibility and no waiting period. Common entry dates are immediate, monthly, and quarterly.

Nondiscrimination Testing. For plans that choose a waiting period of less than one year of service and less than age 21, annual ADP/ACP nondiscrimination testing rules allow plans to test the group

of employees with less than a year of service and less than age 21 separately from those that have met the one year of service and age 21.

The annual ADP/ACP nondiscrimination testing compares the average contributions from highly compensated employees to the average contributions from non-highly compensated employees and if the difference between the averages is above the permissible amount, a correction needs to be made to pass the test. This usually results in taxable refunds back to highly compensated employees.

Part-Time Employee Eligibility. Many plan sponsors mistakenly believe that they are not required to offer the retirement plan to part-time employees. Regardless of what type of retirement plan you have, all part-time employees must be offered the retirement benefit. Though your plan may contain a service requirement that essentially prevents “parttimers” from ever becoming eligible (such as a 1 year and/or 1,000 hours requirement), part-time employees may NOT be excluded as a class of employees.

ERISA plan requirements state that part-time employees must be notified upon meeting eligibility requirements. If you have not been abiding by this requirement, contact your consultant for guidance in communicating this to your eligible part-time employees as soon as possible. n

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• In MA, ME, NH and RI, notify Dig Safe® at least 72 business hours in advance.

• In Vermont, notify Dig Safe® at least 48 business hours in advance.

• Notify non-member facility owners.

• Maintain the marks placed by underground facility owners.

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• Use caution and dig by hand when working within 18” of a marked facility.

• If a line is damaged, do not backfill.

Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged.

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• Know your state’s excavation requirements.

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Video Surveillance Adds Levels of Awareness & Security

Video Surveillance Adds Levels of Awareness and Security

By Brian MacFee Systems Support Corporation

Video Surveillance is more commonplace than ever before and has proven to be a very effective behavior modifier and theft deterrent. These systems are moving rapidly from the law enforcement community to business workplaces and construction jobsites.

A

side from the security value, video surveillance has many other benefits and can also be an effective management tool, such as: • Providing on-site, “time lapse” video to record the progress of construction, showing weeks or months of activity in a few minutes.

• Providing instantaneous jobsite weather conditions which will help work related decisions.

• Observing site activity and identifying safety issues or more efficient and safer operations.

Many businesses are researching the value of a video surveillance system and are performing a cost benefit analysis. The good news is that video surveillance costs have dropped significantly, and the capability, quality, and flexibility have dramatically improved. There are hundreds of ways a surveillance system would make a positive impact on businesses in general. But there are also many different combinations of equipment that can be combined into a system. The challenge is knowing what you want to accomplish; then working with a professional and getting the right advice as to the video choices available.

With this in mind, we have put together some questions that need to be answered before even the professionals can help the buyer make the right choices.

1. What do you want to observe? This is such a simple question, but one which is often overlooked with detrimental results. Do you need to see a closed area or a wide angle? Do you need to see minute details? Is the area well lit? Is it indoors or outdoors? Is it above or at ground level? Do you want to see license plates? How far a distance do you want to see? What you must do is visualize what you’d like to be able to see and verbalize it. The more details you can provide, the better your expectations can be.

DECEMBER, 2013

2. How many video cameras do you need?

The number of cameras required will depend on the number of different locations to be surveilled; what and how much you want to be able to see. The number of cameras will also affect the choices of the other equipment required to reach your goal and your system cost.

3. Will you need indoor or outdoor cameras, or both? Some cameras can be used indoors and outdoors. Weatherproofed outdoor video cameras can also be used indoors but are generally more expensive than indoor only cameras.

4. What are the lighting conditions? Do you need cameras to “see” in the dark? What is the viewing distance? Video surveillance cameras can “see” in complete darkness using infrared LEDs mounted in the camera. When live monitoring or recording in low light or dark areas, the video will be displayed in black and white. When the light level increases, the video will display in color. The further the viewing distance the more expensive the camera. One word of caution related to the clear image distance for these cameras is that company specs overestimate this distance by about 10 percent.

5. How far apart will the cameras be? Designing a comprehensive video system requires a comprehensive wiring diagram which connects all individual cameras into a single monitoring site. The distance between individual cameras can affect your choice of camera, as there are both wired and wireless cameras. continued on page 44

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

43

Video Surveillance continued from page 43 It is important to keep in mind that even wireless cameras may need local 120vac power, unless you use a solar powered solution, which can be more expensive. If more than one camera is used, a central box called a DVR (digital video recorder) will be required. The DVR is usually located indoors, because extreme temperatures and humidity can affect performance.

6. What detail and clarity are required?

Think about how much detail you need in the picture.

Do you need to recognize faces, license plates, etc.?

Maybe you only need to see close up, a small area, or less detail and if so you can choose a less expensive camera. There are two principal technologies – IP (internet protocol) cameras and analog/digital cameras. IP cameras provide the best quality, and are described in megapixels. The more megapixels, the better quality picture. A good cellphone these days has about a 6-megapixel camera, as a reference. IP cameras are also more flexible in their configuration and can be connected with a wireless router or even a cell connection. The analog/digital cameras will give you a picture about as clear as your old video camera from the 90s. They require a cable connection, usually to a DVR. The simplest and best choice for most applica-

tions would probably be the IP cameras, especially if a high level of picture quality is required. However, this camera choice can complicate things a bit, especially when it comes to recording – as these cameras can require more than 100 times the data storage space to record than the analog/digital cameras. More storage space means a higher cost. So each buyer will need to consider their specific requirements with an understanding that there is an increased cost for recording high quality IP video.

7. Do you want to record the video? Do you want to record all of it or only when things happen? How long of a period do you want to be able to review? The vast majority of

video surveillance systems want to record their video.

If there are only one or two IP cameras, they can usually store the recording on a local SD (secure digital) card that is part of the camera. They can store about a day or two’s worth of video and will record over the “oldest” video, as space is needed. For more video storage or for analog/digital cameras a DVR will be needed. The DVR is very much like the one you use for TIVO, etc., except that they can accept up to 16 inputs for analog/digital cameras and even more for IP cameras. Some DVRs, known as hybrids, can record from both analog/digital and IP cameras. continued on page 45

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Video Surveillance continued from page 44 DVRs will usually have a few common features: 1. Local display capability with a monitor attached to the DVR. 2. Remote display capability via a web page or special software that allows viewing on a smartphone, tablet, or computer.

3. CD/DVD burner and copy via USB to make copies of recordings for archive, legal purposes, etc.

4. Software via local or remote display to search for events or periods of time.

The main difference is going to be the amount of

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A

fter serving major contractors for more than 50 years, the Driscoll Agency truly understands the unique risks, insurance requirements and surety demands of the construction industry.

Managing risk can be very difficult. Which is why it’s critical to obtain adequate and proper insurance coverages. Our underwriting specialists will work with your best interests in mind when proposing solutions to your insurance needs.

When it’s time to navigate through the complexities of surety bonding, you can rely on our expertise and connections to get you aggressive representation and unbeatable access to industry decision-makers.

video to be stored, and the more the better. Current systems offer 2 terabytes or more with the ability to upgrade to more.

But is this amount of video storage really enough?

One would think so, but in most likelihood it is not.

Five or six top quality IP cameras, if recording constantly over a 24-hour period, would fill 2 terabytes in a few days. Sixteen analog/digital cameras running fulltime would fill this storage capability in about 2-3 weeks. One possible solution would be to use motion detection, which would reduce the recording time and provide some important benefits: 1. Cut the amount of storage used in a period of time by as much as 80-98 percent, depending on activity.

2.

More importantly, reduce video reviewing time by 90 percent, thereby concentrating on the event(s) that have been triggered by the motion detectors.

Motion detection can be programmed to start video recording seconds or minutes before a triggered event to record earlier events; and can be programmed to keep recording for a desired length of time after an event. The motion detection equipment can be fine-tuned to eliminate unwanted events, such as swaying trees branches or animals, from falsely triggering the system.

“The entire surety bonding team at Driscoll has the experience, expertise and industry contacts to give us the best possible representation and service.

In an industry as specialized as ours, we wouldn’t consider letting any other agency handle this important need of our company.” – Satisfied Client To discover the Driscoll difference, contact Tim Lyons, Bond Department Manager at 781-421-2560 or tlyons@driscollagency.com.

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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8. How will the cameras or DVR be connected for viewing? If the system has a wired/wireless router and your business uses Comcast/Verizon/ RCN, etc., the video system can connect through that connection.

The IP cameras, if high resolution could really slow down the existing connection, so a second routing connection, just for these cameras, may be beneficial. Most DVRs and IP cameras don’t need to rely on a Static IP from the broadband companies. If you only have one or two IP cameras and no internet access onsite, you could get a wireless cell connection from Verizon, Sprint, AT&T etc., for usually less than the cost of a smartphone plan. Many of them are USB devices that can plug right into the camera. continued on page 47

1/6/12 2:56 PM “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

45

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Many thanks to our clients, peers and friends whose comments contributed to our being awarded a first-tier national ranking in the Litigation-Construction category.

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DECEMBER, 2013

Video Surveillance continued from page 45 When the buyer has answered the above questions and written down the company’s goals, it’s time to prepare a comprehensive video plan. At this juncture there are usually two options available to the buyer. Go it alone or get professional help.

We’ve heard the horror stories about companies which decide to buy a ready-made system at a local retail store. What usually happens is the system purchased does not do the job required; and it takes longer and more manpower than expected. Finally, the effort is interrupted and in most cases abandoned.

The serious video systems buyer knows that there isn’t a one size fits all solution and going the retail route will become an expensive failure. While video equipment is readily available in stores and online it won’t meet expectations; is lower quality and won’t last long.

Your best choice is to consult with a professional who will review your company goals; formulate a unique surveillance plan for your company; review your equipment options; provide a cost estimate for each option; and finally install and stand behind the system should it ever need to be repaired or upgraded. n * ESTATE PLANNING

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2013

UCANE’s Third Annual Appreciation Night Trade Show Wednesday Evening, March 19, 2014 prior to our Annual Forecast Dinner Meeting Four Points by Sheraton Hotel • Norwood, MA

Trade Show booths offered at NO COST to Construction Outlook Magazine Advertisers only.

If you are not currently advertising in Construction Outlook, we hope you will consider placing an ad. Our monthly magazine showcases your products and services to contractors who use them. The Trade Show is a great opportunity to meet with UCANE members and guests face-to-face.

For more information call Suzanne at the UCANE office for advertising rates.

DECEMBER, 2013

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

49

Dedicated to exceeding your expectations.

Palmer Paving is an industry leading heavy highway civil engineering construction firm, serving both public and private sector clients. With our own HMA and aggregate processing plants, we are fully integrated as a materials producer and roadway contractor for projects of any size.

We welcome your inquiries and look forward to helping you solve your next site, road construction or infrastructure challenge.

Palmer Paving Corporation, Inc 25 Blanchard Street, Palmer, MA 01069 413-283-8354

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2013

Specialists In Bonding And Insurance For Contractors

Years of Excellence 1954-2013

Since 1926 CARL TRAINA 300 Congress Street Quincy, MA 02169-0907 617.773.9200

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1901 Main Street Walpole, MA 02081 Rep: Kevin Grant Tel: 508.668.8699 Fax: 508.668.9668 Email: kgrant@arcscrap.com

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

Meredith Allen Our Robert B. Our, III P. O. Box 115 Centerville, MA 02632 www.ourouthouses.com

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

51

Glen and Carolyn Coulter of Norfolk Power Equipment, Inc. Voted NBM Vendor of the Year

G

len and Carolyn Coulter opened Norfolk Power Equipment in August of 1975.

Their original inventory consisted of snow blowers, lawn mowers, chainsaws, and ice cream. Yes ice cream, and in that first year of sales they made more in ice cream sales than power equipment.

Today, they are in the process of building their fourth location and they are truly a family owned and operated business with both of their children fully involved in the day-to-day operations. They have 65 employees showing that hard work and perseverance pays off.

On Saturday, November 9, 2013 Norfolk, Bristol, Middlesex Businessmen’s Association (NBM) honored Norfolk Power Equipment and Glen and Carolyn as their 2013 Vendor of the Year, at their annual gala.

UCANE wants to congratulate Glen and Carolyn Coulter and is proud count Norfolk Power Equipment, Inc. as one of the newest members of our Association. n

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

Call today and learn more about Mabey’s complete line of solutions to support your excavation project

www.mabey.com

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800-95-Mabey

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

info@mabey.com

DECEMBER, 2013

John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

IN THIS ISSUE: • • • • •

Alert: New Rules for Health Insurance Pay Premiums or PaySmart a Penalty Tax, Business Shopping Malls for Health Insurance Businesses Must Give Notice Update on Same-Sex Spouses

& Planning Ideas from your Trusted Business Advisor

sm

Alert: New Rules for Health Insurance

Federal health insurance legislation passed in 2010 is commonly known as the Affordable Care Act. By any name, the legislation is far ederal health insurance reaching, with manylegislation passed provisionsin that2010 take is commonlyeffect known as the Afin various years. we By headany into name, 2014, fordable Care As Act. what the legislationyouisshould far know reaching, provisions might affect with many provisions that take efyourAs family fect in variousyou, years. weand, head you are aknow business into 2014, youifshould what owner, your company. provisions might affect you, your (The are articles in this family and, if you a business issue assume thatarticles the law’s in provisions owner, your company.

(The this istake effect, as currently scheduled.) sue assume that the law’s provisions take efthe most important news fect, as currentlyPerhaps scheduled.) is the introduction of the so-called Perhaps the most important news is the introduc“individual mandate.”

Although there tion of the so-called “individual mandate.”

Although are exceptions, most Americans will there are exceptions, most Americans will be required be required to have acceptable health insurance in 2014. Those who don’t have

December

What’s In

such coverage may owe a penalty, in the form of a payment to the IRS. Next year’s developments go beyond 1 Alert: New the individual mandate, to have acceptable health insuranceRules in however.

State-sponsored for He 2014.

Those don’t have such covexchanges willwho be in effect, Insurance erage maytoowe penalty, in the form of designed helpaconsumers afind payment to thepolicies.

IRS. 1 Pay Premium satisfactory Next year’s developments go beor Pay a Pen Employers already have yond the individual mandate, however. some obligations under M State-sponsored exchanges will 2beShopping in the Affordable Care Act for Health effect, designed to help consumers and 2014 will bring new find satisfactory policies. Employers Insurance ones, or have at leastsome the need to already obligations under prepare for requirements 3 will Businesses the Affordable Care Act and 2014 taking effect in 2015.

Give bring new ones, or at least the need to prepare Must for In this special issue of the requirements taking effect in CPA 2015.Client Notice Bulletin, discussissue the highlights of what In thiswe special of the CPA Client Bulletin, 4 Update on expect next Space necessarily weto discuss theyear. highlights of what to expect next Same-Sex limits our coverage of what is to come, so year. we urge you to contact our office to see continued on pageSpouses 55 how these changes will affect you in your 4 Tax Calenda particular circumstances. g

Alert: New Rules for Health Insurance

F

Pricey Prem

Pay Premiums or Pay a Penalty GENERAL CONTRACTOR As of 2014, most Americans must have Should Concrete you be concerned?

That Manufacturer and Installer of Bituminous Products health insurance. If you don’t, you may depends on many factors. have to make what the law calls a “shared 100 Wales Avenue-Rear 226 Nicks Rock Road Multiple exemptions responsibility payment.” Such payments Avon, MA 02322 Plymouth, MA 02360 The new law contains several exemptions. will be made to the IRS, so they will Office: 508-583-2029 Scale House: 508-732-9148 Those exempted include of look508-587-6953 and feel like additional taxes on Plant: Asphaltmembers Plant: 508-732-9140 Indian tribes and members of religious uncovered individuals. continued on page 2

DECEMBER, 2013

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

From 2003 to average ann premiums for em sponsored fami insurance rose $9,068 to $16 During those the average w contribution ro $2,412 to $4

Source: Kaiser Foundatio 53

P.A. Landers, Inc. The Smart Choice For All Your Site Development Needs

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2013

Financial Management continued from page 53

A

Pay Premiums or Pay a Penalty

s of 2014, most Americans must have health insurance. If you don’t, you may have to make what the law calls a “shared responsibility payment.” Such payments will be made to the IRS, so they will look and feel like additional taxes on uncovered individuals.

Should you be concerned? That depends on many factors.

Multiple Exemptions The new law contains several exemptions.

Those exempted include members of Indian tribes and members of religious groups recognized by the federal government as being opposed to government insurance benefits and receive an exemption certification.

The exemptions likely to affect most people are income-based. For example, people with income so low that they don’t have to file an income tax return are not required to have health insurance. The same is true for people who can’t afford coverage; those

who would have to pay more than approximately 8% of their household income for the least expensive available policy are exempt.

Example 1: Bob and Carol Anderson have household income of $50,000 in 2014. To obtain acceptable health insurance, the Andersons would have to pay $400 a month, or $4,800 a year. That would be 9.6% of their income, so the Andersons are exempt from the health insurance mandate.

Unless you qualify for these or other exemptions (one is for people in jail, for instance), you must have health insurance, and all of your dependents also must have coverage.

Qualifying Coverage The good news is that you probably have qualifying coverage already. Medicare and Medicaid qualify; so do most employer sponsored health plans, including retiree health benefits and COBRA coverage for people who leave employer plans. Individual and family coverage also qualifies, if you purchase a policy that’s offered to the public. continued on page 56

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55

Financial Management continued from page 55 You should be aware that large companies (those with at least 50 full-time employees or full-time employee equivalents) are required to offer health insurance that covers employees’ dependents under age 26, but not employees’ spouses. An uncovered spouse may owe a penalty.

Example 2: Dan and Ellie Franklin both work at companies with health plans. Dan’s employer offers family coverage, so Dan can buy health insurance for himself and for the couple’s children. However, Dan’s employer structures its group health plan so that it will not cover spouses who can obtain employer sponsored health insurance. Thus, Dan’s family health plan excludes Ellie.

In this situation, Ellie must carry her own health insurance. She can enroll in her company plan or, if that plan is unappealing, she can buy coverage from a health insurer. If Ellie does not comply, and she does not qualify for any exemption, she’ll owe a penalty.

Paying the Price

the penalty will reach 2.5% of taxable income or $695 per person, whichever is greater.

Look Before Leaping Nevertheless, forgoing health insurance might not be a wise choice, even for a healthy person with a modest income. Healthy individuals can sprain an ankle in karate class or get an eye abrasion that leads to a trip to the emergency room. That could mean a bill that runs into thousands of dollars, far more than the savings from going without health insurance.

Moreover, it might not be so simple to get health insurance if and when a medical condition appears. Once the initial enrollment period ends next March 31, you will be able to purchase a qualified health insurance policy only during each year’s enrollment window, from October 15 to December 7 which may mean waiting uncovered in the interim.

The bottom line is that coverage versus no coverage might not be a simple decision. If you (or your adult children) are thinking about skipping health insurance and paying the fine, you should do so only after carefully weighing all the consequences.

Individuals who are covered by the health insurance mandate will owe a penalty if they don’t follow the rules. The penalty appears to be modest. continued on page 57 Example 3: Carrie Nelson, age 27, is a freelance Web designer in good health. She has been covered by her father’s Water Works Specialists group health insurance, but that’s no longer the case. After investigating her options, Carrie finds Water - Sewer - Drain Supplies that she would pay at least $2,500 at a Competitive Price “Our Products Are Some a year for acceptable health inof the Most Trusted surance.

Waterworks Supplies Names in the Industry” Sanitary Sewer Supplies If Carrie, who typically sees a 24 Hour doctor once every year for a checkStorm Sewer Supplies Sales & Service Safety Equipment & Tools up, goes without health insurance, Serving she’ll owe a fine of $95 or 1% of Mechanical Piping all of her taxable income, whichever is Tapping Sleeves & Gate Installed/Cut New England greater. Carrie believes her taxLine Stops able income in 2014 will be around Cutting Chilled Water Lines & Steam Lines $35,000, so she would owe a $350 Pressure Testing & Disinfection of New Mains penalty.

Installation & Testing of Back Flow Preventors Paying a $350 penalty rather Large Diameter Hydraulic Pipe Cutting than $2,500 for unwanted health Hydrant Installation & Repair insurance seems like a rational choice, especially considering that the Affordable Care Act says Car672 Union Street rie can’t be turned down for health Rockland, MA 02370 insurance in the future, even if she Tel: 781-878-8098 Fax: 781-878-5298 develops a medical condition. That www.hoadleyandsons.com will still be the case in 2016, when

56

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2013

Financial Management continued from page 56

Shopping Malls for Health Insurance

O

n October 1, 2013, state health insurance exchanges were launched. The exchanges are also known as marketplaces, because they offer you a chance to shop for health insurance. Each state has its own exchange; some are running theirs through the federal government. By going online, you can see what’s offered in your state, and what you’ll pay. For example, if you enter “California (or your own state name) health insurance exchange” in an Internet search engine, you’ll be directed to www.coveredca.com (or to your state’s version). A policy you buy this year can go into effect as early as January 1, 2014.

Generally, people who do not have adequate and affordable health insurance from an employer will be the major customers; small businesses also can seek employee coverage there. Insurers listing policies on these exchanges must offer plans that conform to the Affordable Care Act’s rules. They must cover hospital care, for example, including emergency room service. Policies also must cover preventive tests and maternity care.

To help you weigh costs and benefits, policies will be grouped into five categories: platinum, gold, silver, bronze and catastrophic. In that order, you’ll pay the highest to the lowest premiums, for the most to the least

Trusted Advice Trading Places • If you purchase a health insurance policy through an exchange instead of accepting coverage offered by your employer, you may lose any available employer contribution.

• Any employer contribution, as well as your employee contribution to an employer plan, is often excluded from income for federal and state income tax purposes.

• Payments for coverage through a state health insurance exchange are made on an aftertax basis, so choosing to buy your own policy rather than enrolling in your employer’s plan may increase your income tax obligation.

DECEMBER, 2013

To help benefits, po into five cat silver, bronz that order, y the lowest p the least co entries cove covered care. (Catastrophic entries cover only people than age 30 younger than age 30.) The lower the premiums you pay, the greater your exposure to out-of-pocket costs suchpremiums y as deductibles, coinsurance. insurancecopayments, exchange” and in an Internet exposure to Individuals and families with low to moderate insearch engine, you’ll be directed as deductib comes may qualify for discounts if they buy health to www.coveredca.com (or toobservers your insurance on an exchange. Some be-coinsurance lievestate’ that as family of four with 2014 version).

A policy youincome buy just over Individu $90,000 might qualify for a price break certain this year can go into effect as on early as pol-to moderat icies. However, you won’t get a subsidy for a policy January 1, 2014. bought on a state exchange if your employer offersfor discoun acceptable health insurance to employees.

Generally, people who do not insurance o continued on page 58 have adequate and affordable health observers b insurance from an employer will with 2014 i be the major customers; small might quali businesses also can seek employee certain poli coverage there. Insurers listing get a subsid policies on these exchanges must a state exch offer plans that conform to the offers accep Affordable Care Act’s rules. They to employee mustKX080-3 cover hospital care, for example, you determ Kubota Operating weight: lbs. including 19,379 emergency room service. for coverage Engine: 78 HP Policies203.3 alsocu.in. must cover preventive makes sens Displacement: Dig Depth: 15ʼ0.7” tests and maternity care.

Kubota SVL75 Operating weight: 9039 lbs.

Engine: 74.3 HP Displacement: 203.3 cu.in.

Breakout force: 6240 lbs.

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Businesses Must Give N

One of the Affordable Care Act’s new requirements went into place on October 1, 2013. (That assumes no extension was granted before press time.) This applies to virtually all employers: any company with at one employee,OUTLOOK” if the business is “BUY FROM THE ADVERTISERSleast IN CONSTRUCTION subject to the Fair Labor Standards

of Labor ha won’t be fin the notices owners sho if they have In addition 57employees, letters to ne

Financial Management continued from page 57

O

Businesses Must Give Notice

ne of the Affordable Care Act’s new requirements went into place on October 1, 2013. (That assumes no extension was granted before press time.) This applies to virtually all employers: any company with at least one employee, if the business is subject to the Fair Labor Standards Act. Generally, companies with at least $500,000 in annual revenues must send notices to all employees, full time and part time, informing them about the new health insurance exchanges.

Aon Risk Solutions Construction Services Group

Managing Risk Takes More Than Machinery

Noncompliance would be subject to fines of up to $100 a day, according to some prior reports; however, the U.S. Department of Labor has said that businesses won’t be fined for failing to provide the notices. Nevertheless, business owners should act immediately, if they haven’t already done so. In addition to notices for current employees, you must send these letters to new employees within 14 days of hiring.

According to Bill Freedman, partner in the Cincinnati law firm Dinsmore & Shohl, the U.S. Department of Labor has published templates of acceptable notices. Your company can reproduce these samples, send them to employees, and comply with the notice requirement. “However,” Freedman says, “the templates go far beyond the requirements of the law. Businesses that adopt the templates may broaden their exposure in other areas.” Therefore, employers might want to reduce their notices to meet the minimum requirements.

As the leading provider of risk solutions to the construction industry, Aon Construction Services Group partners with clients to provide insighful analysis, strategic direction and creative solutions backed by our dedicated team of construction experts and the strength of Aon’s global network.

Let Aon Construction Services Group empower your growth, profit and continuity. aon.com/construction Kevin White, CEO 617.457.7717 Kevin.White@aon.com

Brian Driscoll, Managing Director 617.457.7668 brian.driscoll@aon.com

Paul Healy, National Contract Surety 617.457.7719 paul.healy@aon.com

Mark Herendeen, Surety 617.457.7715 mark.herendeen@aon.com

Michael Scott, Insurance 617.457.7699

Mark Toglia, Wrap-Up 617.457.7727 mark.toglia@aon.com

Risk. Reinsurance. Human Resources.

58

Proposed Regulations Two other information reporting requirements are included in the Affordable Care Act, requiring many employers and health insurance companies to provide reports to the IRS and statements to employees and covered individuals. The reports required will include information about the type and period of coverage and the cost of coverage for employees. This information reporting will facilitate enforcement of the requirement to have health insurance.

In September 2013, the IRS published proposed regulations on these required reports. Once the regulations are finalized, presumably by 2014, reporting will begin for 2015 (with the first reports and statements due in 2016). Throughout 2014, companies that will issue these reports should begin data collection and put a system in place to prepare for dissemination. continued on page 59

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2013

SP_UCANE AD_Dec2013_Layout 1 11/19/13 11:03 AM Page 1

Financial Management continued from page 58

Update on Same-Sex Spouses

I

n the October 2013 Financial Management article, we discussed tax issues facing same-sex married couples, in light of the Supreme Court’s ruling that Section 3 of the federal Defense of Marriage Act was unconstitutional. We stated that same-sex marriages will be recognized for federal tax purposes if the couple was married in a state that permits these marriages and still lives in such a state.

Since that issue went to press, the IRS issued Revenue Ruling 2013-17, stating that a valid samesex marriage will be recognized for federal tax purposes, no matter where the couple lives or works.

However, the ruling also declared that, for federal tax purposes, civil unions and domestic partnerships will not be recognized as marriages.

In addition, the Department of Labor has stated that the terms “spouse” and “marriage” in federal employee benefit laws will now include same-sex couples who were legally married. That treatment applies regardless of where an employee and his or her same-sex spouse now reside.

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

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Advertisers’ Index ATS Equipment, Inc. ...........................................................36 Adler Tank Rentals .......................................... Ins. Back Cvr. Aon Construction Services Group........................................58 Boro Sand & Stone Corp......................................................13 Dennis K. Burke, Inc............................................................55 Concrete Systems, Inc..........................................................22 Dagle Electrical Construction, Corp....................................16 Darmody, Merlino & Co., LLP............................................23 DeSanctis Insurance Agency, Inc. .......................................26 Dig Safe System, Inc............................................................41 The Driscoll Agency ............................................................45 EJ..........................................................................................30 Eastern Insurance Group, LLC............................................10 Eastern Pipe Service, LLC.................................................. 44 Eastern States Insurance Agency, Inc....................................7 T. L. Edwards, Inc................................................................53 Ferguson Waterworks...........................................................59 Geod Consulting, Inc............................................................17 L. Guerini Group, Inc...........................................................17 HD Supply Waterworks..........................................................6 A. H. Harris & Sons, Inc. ....................................................11 Hinckley Allen, LLP........................................................... 46 John Hoadley & Sons, Inc....................................................56 P. A. Landers, Inc.................................................................54 Lawrence-Lynch Corp......................................................... 40 Liddell Brothers Inc..............................................................48 Lorusso Corp........................................................................54 Lorusso Heavy Equipment, LLC.........................................18 Mabey, Inc............................................................................52 Mass Broken Stone Company...............................................27 Milton CAT................................................................ 2, 3, & 4 Norfolk Power Equipment, Inc.............................................57 Our Outhouses, Inc...............................................................51 Palmer Paving Corporation..................................................50 E. H. Perkins Construction Co., Inc.................................... 60 Podgurski Corp.....................................................................47 E. J. Prescott, Inc..............................................Ins. Front Cvr. Rain For Rent-New England.................................................20 Read Custom Soils ...............................................................19 Rogers & Gray Insurance Agency, Inc.................................42 Schmidt Equipment, Inc.......................................... Back Cvr. The Scituate Companies.......................................................38 Shea Concrete Products........................................................14 Smith Print............................................................................59 Social Mavens.......................................................................54 Ti-SALES, Inc. ....................................................................50 Albert J. Tonry & Co., Inc....................................................51 United Concrete Products, Inc. ............................................21 United Rentals Trench Safety...............................................12 Wealth Preservation Solutions, LLC....................................47 C. N. Wood Co., Inc. ..............................................................8 Woodco Machinery, Inc...................................................... 24

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