Construction Outlook March 2013

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

MARCH, 2013

Years of Excellence 1954-2013

UCANE President

• Recent Recovery of Delay Damages • “Play or Pay” Updates on Counting Employees, Coverage of Dependents, Seasonal Employees and More • Impact of American Taxpayer Relief Act on Employer-Provided Benefits

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Years of Excellence 1954-2013

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IN THIS ISSUE

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

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

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. JEFF BARDELL Daniel O’Connell’s Sons, Inc. VINCENT BARLETTA Barletta Heavy Division MICHAEL BISZKO, III Biszko Contracting Corp.

STEVEN COMOLETTI P. Caliacco Corp.

MAUREEN DAGLE Dagle Electrical Const., Corp.

ADAM DeSANCTIS DeSanctis Ins. Agency, Inc. THOMAS DESCOTEAUX R. H. White Const. Co., Inc. JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. MARCO GIOIOSO P. Gioioso & Sons, Inc. BILL IRWIN C.J.P. & Sons Const. Co., Inc. PHIL JASSET Honorary Board Member BILL KEAVENEY A. R. Belli, Inc. ROBERT LEE J. F. White Contracting Co. RYAN McCOURT McCourt Construction Co. RICHARD PACELLA, JR. R. M. Pacella, Inc. LOUIS SCHOOLCRAFT Ti-SALES, Inc. ANNE KLAYMAN Executive Director

5 President’s Message:

Lulled Into a False Sense of Security

7 Legislative Update:

• Auditor Bump Releases Performance Audit Calling for Greater Controls on State Construction Costs • In an Effort to Push Revenue Generating Measures, Patrick Administration Puts on Full Court “Information” Press • MassDOT to Begin Open Tolling: Tobin Bridge First in Line • Tewksbury Takes Initiative to Address Water Infrastructure Needs • Meet Your Legislators: Senator Ken Donnelly, Senate Chairman Joint Committee on State Administration and Regulatory Oversight

15 Legal Corner:

Recent Recovery of Delay Damages

19 Benefits & HR Strategies:

“Play or Pay” Updates on Counting Employees, Coverage of Dependents, Seasonal Employees and More

25 How to Handle a Denial of Insurance Coverage for StormRelated Losses 29 In Memoriam:

Robert A. Briant, Sr., CEO of the Utility and Transportation Contractors Association of New Jersey

31 Impact of American Taxpayer Relief Act on EmployerProvided Benefits 35 Massachusetts Municipal Association:

Law Provides $17M for Dam Removal

37 Financial Management:

• Tax-Free Gains From Home Sales • Do Well While Doing Good With a Charitable Gift Annuity • Passing the Tests for Entertainment Deductions

52 UCANE’s 2013 Officers and Board Members...Building the Future Together 99 Commemorative Congratulatory Ad Index

CONGRATULATORY ADS Pages 50-98 Inside Back Cover UCANE sincerely thanks our members for their ongoing support of our Association.

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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Lulled Into a False Sense of Security Every day, first thing in the morning, hundreds of millions of people in our country turn on their faucets to shower, fill their coffee makers, wash their clothes, etc., without giving it a second thought. We have come to expect a strong, clear flow of clean water every time. We don’t care where it comes from or how it gets to us. It’s just something that we take for granted. Things aren’t going to change…so we believe.

W

ater in some form or another is everywhere…right? It rains. It snows.

Rainwater and melted snow flow into our lakes, ponds, rivers, and streams.

What most people do not realize is that only a small percentage of this water flows into our underground aquifers and above ground reservoirs, which are our drinking water sources. If what EPA and MassDEP officials say is accurate, the likelihood of turning on your faucet in the future and not getting the results you expect, is rising dramatically. There are actually areas of Massachusetts that have a shortfall of precipitation and are facing drinking water shortages.

There are some people who know the problem and are trying to educate others about Massachusetts’ water issues. Recently EPA and MassDEP officials held a meeting on Beacon Hill to discuss and plan for the state’s estimated $20 billion funding shortfall, over the next 20 years, for water infrastructure maintenance and improvements. Of considerable concern was the omission of any funding support for our state’s

MARCH, 2013

water infrastructure in the FY14 State of the State address.

While acknowledging our water infrastructure problem and funding gap, meeting attendees did not hone in on one specific action, but expressed many different views as the answer to the problem.

Some took the direct approach of more funding to support cities and towns in their efforts to assure clean water for their residents. Others believe that conservation is the answer, and yet others expressed optimism that the answer was for more cities and towns to connect to the MWRA system.

It’s clear that there still needs to be more meetings, discussions, and educational opportunities before arriving at a consensus of the best ways to resolve our state’s water problem. I hope that the citizens of Massachusetts are not lulled into a false sense of security because they can now turn on their faucet and get the best and cleanest water in the country.

This will not be the case in the future unless our state’s water leadership takes further action in order to resolve the problem. n

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S

Auditor Bump Releases Performance Audit Calling for Greater Controls on State Construction Costs

tate Auditor Suzanne Bump announced a performance audit of the Division of Capital Asset Management and Maintenance (DCAMM), which calls for greater accountability in determining who is liable for costs that push major public construction projects over budget.

Since 2004, DCAMM, the state agency responsible for major public construction and real estate services for the Commonwealth, has been utilizing new contracting agreements known as Construction Manager at Risk (CMAR).

Under CMAR agreements the state outsources management of construction earlier, during the design phase of the project’s lifespan. This advanced arrangement allows the state and construction managers to more accurately estimate the cost of construction and set a “Guaranteed Maximum Price.” In theory, changes in the construction plan (“change orders”) initiated by construction managers that push costs beyond the maximum price are more likely to become the responsibility of the contract manager or project designer, but the audit finds the state is footing the bill for many CMAR project overruns.

According to a press release issued by the Auditor, auditors reviewed six CMAR projects which had more than 1,000 state approved change orders, pushing budgets $19,503,472 beyond their established maximum price. Of 104 change orders tested (totaling $2,361,966), auditors found 71% of the changes were requested by the construction manager or designer and not the state.

The audit acknowledged DCAMM has experienced a decrease in cost growth by utilizing the CMAR method, but recommends that more can be done to leverage the agreement to decrease costs for the state.

Other findings of the audit include: • DCAMM requires out-of-state contractors to be

MARCH, 2013

certified and in good legal standing within their respective home state, but does not adequately verify with other states if a contractor’s self-reported information is accurate.

• DCAMM’s system for evaluating construction contractors’ performance on prior jobs is too inflexible and does not adequately reflect the unique challenges of different projects (e.g., completing the project under a certain deadline or keeping the budget low).

• For projects over $1.5 million, DCAMM requires two independent evaluations of a contractor’s performance and the scores of each are averaged together into a final composite amount. When the two scores are widely different both evaluations are dismissed and no evaluation is maintained in state records. Such a process creates a possibility of a contractor’s past performance not being adequately represented when bidding for new state contracts.

Auditor Bump has called on DCAMM to more clearly define a construction manager’s responsibilities for CMAR projects, to implement an effective means of interstate communication, and to revise its performance evaluation process.

The Office of the State Auditor (OSA) conducts technical and performance assessments of state government programs, departments, agencies, authorities, contracts, and vendors. With its reports, the OSA issues recommendations to improve accountability, efficiency, and transparency. A copy of the Auditor’s report may be found at: http://www.mass.gov/auditor/docs/ audits/2013/201200253a.pdf. continued on page 9

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Legislative Update continued from page 7

In an Effort to Push Revenue Generating Measures, Patrick Administration Puts on Full Court “Information” Press

I

n an effort to further advance his interest in having the Legislature adopt his tax increase plans for transportation and education, Governor Deval Patrick and his Administration have stepped up their efforts in recent weeks.

Among one of the more visible pieces, Governor Patrick has released maps for each legislative district detailing the Administration’s education and transportation investments. Found at http://www.mass. gov/governor/agenda/choose-growth.html, the Governor is trying to show each elected official what his revenue package will mean to his or her district. At the same time, Massachusetts Department of Transportation (MassDOT) Secretary Richard Davey testified before a joint sitting of the House and Senate Committees on Ways and Means that Massachusetts owns the distinct honor of having among the oldest rail cars and the most debt of any transit agency in the country. Finally, the MBTA announced at the start

of March that it will soon be required to raise all fares by 33%, a potentially devastating increase for lowincome residents and the disability community.

According to the State House News Service, facing pressure to act quickly in light of the potential for this new round of steep MBTA fare hikes, House Speaker Robert DeLeo said that he will likely handle transportation financing separate from the full state budget.

Governor Patrick included his funding mechanisms to inject $1 billion into the state’s transportation system in his $34.8 billion budget. If Speaker DeLeo opts to consider the transportation separately, it would likely occur before April 10, the unofficial date for unveiling the House version of the annual budget.

While various organizations are pressing for an increase in revenue generating measures, a report commissioned by two business groups recently identified numerous areas where state transportation agencies can improve performance, while concluding that the transportation system still needs new revenues. It is expected that legislators will demand further reform of the transportation system while also approving new revenue generating measures. It is widely thought that the House prefers user taxes as opposed to general tax revenue measures.

MassDOT to Begin Open Tolling: Tobin Bridge First in Line

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A

ccording to MassDOT, open-road tolling, a traffic-easing reform the Massachusetts Department of Transportation has submitted among its plans, will be in place by 2015. Testifying before a joint sitting of the House and Senate Ways and Means Committees, Secretary Richard Davey informed legislators that the plan, which would scrap traditional toll booths in favor of a system that automatically bills drivers, would begin with the Tobin Bridge later this year.

Spanning the Mystic River from Charlestown to Chelsea, the Tobin Bridge has tolls on the inbound side. According to the Patrick Administration, in addition to lessening congestion and improving air quality, the Administration estimates all-electronic tolling will eventually reduce operating costs by $50 million a year, in part by replacing toll collectors. continued on page 11

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Legislative Update continued from page 9

Tewksbury Takes Initiative to Address Water Infrastructure Needs

T

ewksbury town officials are planning to tackle their water infrastructure needs in their fiscal year 2014 budget. To that end, water and sewer rates are expected to rise 6% in fiscal year 2014. According to the Tewksbury Town Crier, rising capital improvement costs, due in part to the aging water treatment and distribution systems, which are twenty-five years old, contribute to the rate increases. Capital improvements to the Tewksbury treatment plant will eventually cost between $7.5– $8 million.

The average user in Tewksbury consumes 55,000 gallons per year while the typical family of four consumes 90,000 gallons per year. With a 6% increase, the average user will see an increase of $25.57 and the typical family will see an increase of $48.92 per year.

Further, water usage rates are down because of more accurate meters and conservation efforts on the part of ratepayers, which also drive up costs in a system that utilizes economies of scale. The less water used, counter intuitively, the more water costs the community in order to reach budget thresholds to pay down debt.

Capital projects for the sewer system are planned for the next five years as well, but for fiscal year 2014, the Town plans to spend $130,000 of which $80,000 will go to improving inflow and infiltration matters and $50,000 for sewer pump station upgrades. continued on page 13

In comparing Tewksbury’s water rates for the 90,000 gallon usage level, the state average was $470 per year and the MWRA rate was $523 per year. Under the proposed plan, Tewksbury residents will pay $813.

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Legislative Update continued from page 11

Meet Your Legislators: Senator Ken Donnelly, Senate Chairman Joint Committee on State Administration and Regulatory Oversight

A

ll three of UCANE’s filed matters on cost adjustment, interest on retainage, and improving the “Dig-Safe” laws are currently before the Joint Committee on State Administration and Regulatory Oversight. Overseeing this Committee for the 2013-2014 legislative session is Senator Donnelly (D-Arlington).

For 35 years, Senator Donnelly worked for the Town of Lexington as a fire fighter and a lieutenant within the fire department. During his time at the Lexington Fire Department, Senator Donnelly also served as the legislative agent for seven years with the Professional Fire Fighters of Massachusetts, working collaboratively with various coalitions to write and pass important legislative initiatives. He played an instrumental role in the crafting and passage of the 1987 landmark pension reform which helped curb pension abuse, improve oversight, and increase the accountability of local retirement boards so that future generations would not be burdened with a large unfunded liability.

In 1996, in recognition of his expertise in this area, Senator Donnelly, was appointed by the State Auditor to PERAC, where he served as one of seven commissioners responsible for over $60 billion in assets in 106 retirement systems with over 400,000 active and retired members. During his tenure on the Commission, he worked to ensure stable, solvent pensions for subscribers while keeping municipal costs down and investment returns as high as possible.

In 1993, Senator Donnelly became the Chief Financial Officer for the Professional Fire Fighters of Massachusetts. He served in that position until his election to the Massachusetts Senate representing the 4th Middlesex District in 2009.

In addition to serving as Senate Chairman of the Joint Committee on State Administration and Regulatory Oversight, he is also Vice Chairman of the Joint Committee on Children, Families, and Persons with Disabilities. n

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Recent Recovery of Delay Damages Delays on construction projects are not uncommon. In many instances, the delays which occur on a project are not due to the fault of the contractor. They can be very expensive.

For the past 20 years or so, monthly columns have dealt with the efforts by contractors to recover delay damages. The seminal case was over 20 years ago in Reynolds Brothers v. The Commonwealth, which made such recoveries very difficult on a project for which there is a no damage for delay provision. Almost all public projects have a provision providing that the contractors cannot recover for delays. They can only obtain a time extension provided that the contractor properly submits the notice and documents needed to justify this time extension request in a timely manner. Thus, past articles have highlighted the difficulty in meeting the narrow exceptions to the recovery of delay damages.

H

owever, in December 2012, there was a Superior Court case which allowed a surety, which had taken over the completion of a MassDOT project, to obtain a substantial recovery for delays which its construction contractor principal as well as the surety had incurred in completing a road and bridge construction project.

The Court’s decision highlighted the many delays which occurred on this project, the majority of which were not the responsibility of either the surety or the contractor. The decision noted that there were substantial delays due to non-access to the project as the result of utilities not timely relocating their services so as to permit access. The evidence presented during the hearings established that MassDOT had not finalized the financial terms or force accounts for these utilities so to enable them to proceed with the

MARCH, 2013

necessary relocation work, which was a condition for the contractor to get appropriate access to the project. The contractor requested time extensions and it turns out that the MassDOT had approved time extensions for over 940 days. However, the Trial Judge found that MassDOT was not diligent in approving these time extensions, but only allowed extensions on a “piecemeal basis,” in order to gain what was perceived to be leverage in any financial negotiations with the surety.

The Judge’s decision stated that the conduct of the awarding authority was arbitrary, capricious and in bad faith in that it did not timely and properly address the request of the contractor for time extensions, nor do those things within their control in order to expedite the completion of the project. It found continued on page 17

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Legal Corner continued from page 15 that such conduct voided the no damage for delay provision. As a result, the Judge awarded over $3.8 million to the surety as the result of these delays.

The Court was clear to note that this case was the result of “extraordinary circumstances”. It was “fact specific” and does not indicate a trend towards voiding no damage for delay provisions. However, it does establish that a public owner who does not provide access, and fails to address items within their control, and fails to provide time extensions in a timely manner, will act at its own peril as such actions may void the no damage for delay provision and permit a Court to award delay damages to a contractor.

It is hopeful that this decision will spur awarding authorities into cooperating with contractors to promptly deal with and expedite the sources of any delays and provide time extensions in the expedited manner required by contracts, so as to at least minimize and mitigate the costs as the result of such delays. n

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BENEFITS & HR TRATEGIES

Timothy P. Doherty Managing Director of Health & Welfare Benefits Pinnacle Financial Group

"Play or Pay" Updates on Counting Employees, Coverage of Dependents, Seasonal Employees and More The IRS has released further guidance to help “Applicable Large Employers” move forward in compliance with the Patient Protection and Affordable Care Act (PPACA) as it relates to the 2014 “play or pay" mandate, also known as the “Employer Shared Responsibility” provision.

F

ollowing are key points from the new guidance that employers need to be aware of as they track 2013 employee counts and assess all their 2014 health insurance benefits options in anticipation of the 2014 mandate.

What is an Applicable Large Employer?

“Employer” includes: • Private sector employers • Tax-exempt employers • Government entity employers (eg., federal, state, local or Indian tribal government) “Large” Employer means any employer with 50 or more full-time and/or full-time equivalent employees (FTEs – explained later in this article). The determining number is based upon the average number of employees on business days during the previous calendar year (beginning with 2013, as the basis for 2014).

• Employees working outside the United States will not be counted toward the 50-life threshold.

• Since new employers can’t use the previous calendar year for measurement, they will automatically be subject to “play or pay” if they are reasonably expected to employ over 50 full-time employees on average.

Full-Time Employees Those who were employed on average for at least 30 hours of service per week.

MARCH, 2013

• This includes vacation and PTO paid hours.

• Another way to determine the 30 hour per week threshold is to look at a full calendar month of hours for an employee. If the employee worked 130 hours or more during the calendar month period, this is equivalent to a full-time employee.

Full-Time Equivalent Employees (FTEs) To calculate FTEs for a given month, employers must: • Add up the total number of hours of service for all employees who were NOT employed 30 hours or more a week on average.

• Divide that total by 120 (120 is the maximum number of hours of service per employee per month that may be included).

• The resulting number, rounded down to the nearest whole number, is the total number of FTEs for a particular month.

The total number of full-time employees combined with FTEs is the number that determines if an employer is subject to the “play or pay” mandate.

Note: In your calculations of FTE hours, you may end up with a fraction in your final number. Round down to the nearest whole number to reach your final count. For example, if you end up with 49.7 employees when combining full-time with FTEs, then your final number is 49, and you are not subject to “play or pay.” continued on page 21

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

19

“Nationally Ranked in Construction Law

by U.S. News & World Report and Best Lawyers”*

• U.S. News and Best Lawyers considered almost 10,000 law firms in 177 metropolitan locations • 9,633 clients provided over 3.9 million evaluations * Source: U.S. News Media Group and Best Lawyers

Many thanks to our clients, peers and friends whose comments contributed to our national ranking.

BOSTON | PROVIDENCE | HARTFORD | CONCORD | ALBANY

20

www.haslaw.com

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MARCH, 2013

Benefits & HR Strategies continued from page 19

Seasonal Employees If an employer with seasonal employees averages over 50 full-time employees for fewer than 120 days, or four calendar months, then the “play or pay” provisions will not apply.

Note: This guideline and resulting number are only applicable to determining whether the employer is subject to the “play or pay” mandate. If the employer elects to neither play nor pay, different standards will be used to determine seasonal employee counts for calculating the penalty.

CONSULTING

GEOD CONSULTING Engineering • Transportation • Surveying GEODLand CONSULTING Professional Surveyors & Engineers

Construction Professional LandSurveying SurveyorsSpecialists & Engineers Engineering/CADD Services Construction Surveying Specialists Expands Services to Services Include GPS Consultants Engineering/CADD Consultants SubsurfaceGPS Utility Mapping Providing Surveying, Engineering & CADD Services to construction companies in the New & England Providing Surveying, Engineering CADDarea.

Services to construction companies in the New England area.

Experienced in construction layout of highways, utilities, schools, bridges and site development.

Experienced in construction layout of highways, utilities, schools, bridges and site development.

24 Ray Avenue 24 Ray Avenue • Burlington, MA 01803 Burlington, MA 01803 24 Ray• Avenue Tel: 781.273.3434 Fax: 781.273.3430 Phone 781-273-3434 Burlington, MA 01803 www.geodcorp.com Fax: 781-273-3430 Phone 781-273-3434 Fax: 781-273-3430

New Employer Exception The “play or pay” provision currently states that a new employer is an applicable large employer based on a reasonable expectation of employing an average of at least 50 full-time employees (including FTEs), as opposed to relying on previous year’s data, which a new employer will not necessarily have. Further guidance, and possibly a safe harbor (extension of deadline), are mentioned in the IRS preamble to the proposed regulations.

Transition Relief In 2013 only, employers who may be very close to the 50 full-time employee threshold may want to take advantage of the transition relief, which is the option to determine whether they are an applicable large employer by using a period of less than 12 months. This gives employers some time to consider any changes to existing or new plans in order to be in compliance.

The alternate measurement period under the transition relief option is a minimum of six consecutive months during the 2013 calendar year.

Dependents and Spouses Coverage Applicable large employers must offer coverage to full-time employees and their dependents (children up to age 26: employee’s child, stepchild, adopted child, foster child or a child placed for adoption). Employers who do not currently offer coverage for dependents will pay no penalty for the 2014 plan year, but will be required to be in compliance in 2015.

Note: “Dependents” does not include spouses.

In other words, an employer could choose not to offer coverage to spouses and still be in compliance. continued on page 23

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

“WE DELIVER QUALITY BY THE TRUCKLOAD” 351 Winter Street • Hanover, MA 02339 800.660.6404 • 781.826.8818 Fax: 781.829.6377

www.palanders.com

MARCH, 2013

Route 130 • Sandwich, MA 02563 800.834.4333 • 508.477.8818 Fax: 508.477.8818

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

21

Aggregate Industries is an environmentally responsible producer of high quality aggregate and construction materials in the United States. From the roads you drive on to the buildings you work in and the homes you live in, Aggregate Industries supports fundamental elements of everyday life.

Aggregate Industries leads the green building materials market in New England. A range of our products use warm mix asphalt technology, which consumes less energy, results in lower carbon emissions, and allows for increased recycling opportunities. We recycle more than 600K tons of asphalt and concrete each year. In addition, our portfolio includes green products that contribute to the US Green Building Council’s Leadership in Energy and Environmental Design (LEED) certifications, including pervious concrete and asphalt.

Aggregate Industries has been a supplier of the building products and solutions market that the residents of New England have relied on for over 100 years. As part of the Holcim Group, Aggregate Industries views our commitment to Corporate Social Responsibility and Community as one of our core values. We believe that a responsible company takes care of the communities in which the company serves and supports the employees who work for it.

We are committed to sustainable development and the preservation of the resources we rely on for the products we produce. Aggregate Industries is recognized as an environmental leader in the industry for having voluntarily conformed to the International Standards Organization Environmental Management System, ISO 14001.

While our business will continue to grow, our commitments will remain the same: • Set the standard by which all companies in our industry are measured.

�• Be steadfast in our journey to be leaders in providing construction materials of the highest quality and in the way we manage our impact on the land, air and water resources, and people around our operations. �• Be the leader in sustainable construction.

At Aggregate Industries, we know you rely on the products we produce, and we look forward to the next 100 years of servicing the communities across New England.

For more information about our Company and our products, please visit: www.aggregate-us.com/_aius/regions/ne/ne_home.cfm

Delivering Value

22

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MARCH, 2013

Benefits & HR Strategies continued from page 21

Arruda

Dependents and Spouses Affordability The just published final regulations specify that employers only need to satisfy the PPACA affordability test for single coverage. As long as the portion of the annual premium the employee pays for single coverage does not exceed 9.5% of the employee’s household income, the employer has met the affordability obligation. In other words, if the employer contributes nothing beyond the single coverage affordability requirement, and the cost for family coverage offered exceeds 9.5% of household income, the employer can still be considered in compliance.

Sole Proprietors and Partners A sole proprietor, a partner in a partnership or a 2 percent or more Subchapter S shareholder is not an employee, however, an employee who provides service as both an employee and a non-employee is an employee for the hours of service spent working as an employee.

For more information about these, or any PPACA provisions, contact your HR or benefits consultant. n

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

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

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MARCH, 2013

800-95-Mabey

info@mabey.com

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WE’RE MADE OF: THE TOOLS YOU NEED.

Construction Division As one of the largest independent insurance agencies in New England, we provide detailed support to design the most competitive and comprehensive insurance and surety plans for you. For an in-depth review of your program, call Eastern Insurance at 508-620-3478 today.

Find out what we’re made of S M at easterninsurance.com Eastern Insurance Group LLC is a wholly owned subsidiary of Eastern Bank.

24

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

DATE: 2/15/12

JOB:

12-EB-020

MARCH, 2013

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

Eric F. Eisenberg, Esq., Hinckley Allen Snyder, LLP

How to Handle a Denial of Insurance Coverage for Storm-Related Losses Just as New England was digging out from its most recent winter super storm, many businesses were receiving insurance coverage denials for losses caused by Superstorm Sandy. There is often coverage under various types of insurance policies for storm-related losses, including physical damage to or loss of inventory or work in progress, facilities, and/or equipment, and business interruption/extended overhead. Nevertheless, adjusters and carriers often issue denials of claims that, upon further scrutiny, should be allowed (at least in part).

If

your company incurred cleanup and/or repair costs at your company's facilities and/or job sites, or if your construction projects were interrupted or significantly delayed as a result of severe storm events, wind or water damage, floods, loss of electrical service, or loss of site access, coverage may be available for such losses under owner-controlled, contractor-controlled, or independent builder's risk policies, business interruption insurance, and/or commercial liability/comprehensive pollution policies.

When faced with a denial of coverage or an offer to pay only a portion of an insurance claim, it is often wise to evaluate such denials/settlement offers in consultation with experienced counsel and your insurance agent or advisor. An evaluation should be conducted of all potentially applicable policies and of all damages your business has incurred (even those not previously disclosed to an insurer). A carrier that has not been

MARCH, 2013

previously put on notice, or a carrier that has not been provided with notice of particular losses, is often unable to successfully disclaim coverage for such claims without showing prejudice from such late notice (which is often difficult for carriers to show).

In dealing with your insurers or their agents, keep in mind that their view of what is and is not covered under a particular insurance policy is not necessarily determinative or correct. There are often disagreements among insurers, insureds, and the courts as to what is covered under commercial insurance policies, with New England courts often taking a proinsured view of coverage. Sometimes subtle distinctions (e.g., whether water damage occurred before or after wind gusts damaged roofs, walls, or windows) can affect coverage. In addition, carriers often adopt coverage positions based upon what they believe a policy "should" cover, only to reverse or modify their continued on page 27

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK�

25

PARTS

SALES

SERVICE

RENTALS

w w w. l h e q u i p . c o m PO Box 857 160 Elm Street Walpole, MA 02081 Phone: 508-660-7600 Fax: 508-660-7614

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

Denial of Insurancecontinued from page 25 position when an applicable precedent is brought to their attention. In light of the state statutes that can subject carriers to awards of multiple damages and attorney's fees if they are held to have unreasonably denied coverage to their insureds, carriers can often be persuaded to reverse injudicious coverage decisions. For this reason, it is often advisable for insureds to obtain a second opinion from experienced counsel as to whether their losses are covered by the policies for which they have paid premiums. An initial consultation with legal counsel (which is often relatively inexpensive and is sometimes without charge) can be time well spent for an insured.

The bottom line: it is worth the relatively small investment of time and money for every company that suffers or receives a denial for storm-related losses to consult an experienced legal professional to determine whether there is insurance coverage for all or portions of such losses. n

DuraPatch:

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Shipped to your garage door in 50-lb bags!

(56 bags arrive in every pallet) Please contact Lindsay Pike for more information Cell: (401) 626-1200. Email: Lpike@triproductsllc.com For more information and additional products visit: www.triproductsllc.com

Protection starts here

and here.

DeSanctis Insurance Agency Serving the Bonding and Insurance needs of the N.E. construction industry for over 35 years.

Adam DeSanctis Gregory Juwa James Axon Michael Carney Wilder Parks Michael Gilbert Bryan Juwa David Boutiette Paul Patalano Dick Caruso Ryan Prentis

DeSanctis Insurance Agency, Inc. • 100 Unicorn Park Drive • Woburn, MA 01801 (781) 935-8480 www.desanctisins.com

MARCH, 2013

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27

Keep your job flowing smoothly.

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Our team of trained professionals provides expertise for the successful mobilization and installation of large pump projects.

Sunbelt Rentals has the broadest range of equipment in the rental industry with a focus on pump and power solutions.

New England Pump & Power

We are committed to providing reliable equipment on a schedule you can depend on, backed by the best service in the industry.

This is not an empty promise–we back it up in writing.

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The “No Sweat” Guarantee is a service mark of Sunbelt Rentals, Inc. ©2011 Sunbelt Rentals, Inc.

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

I n M emoriam

Robert A. Briant, Sr. CEO of the Utility and Transportation Contractors Association of new Jersey

R

obert Briant served as the Chief Executive Officer of the Utility and Transportation Contractors Association of New Jersey (UTCA) for 34 years. In 2006, he retired as CEO and continued on as a consultant for the association.

In 2006 Bob helped organize the Clean Water Construction Coalition (CWCC), which focuses on the reauthorization of the Federal Clean Water Act and articulating the need to increase funding for the SRF programs. He served as Chairman of the CWCC which includes 28 construction associations, representing more than 11,000 under-

ground constructiion firms, throughout the country.

Bob was a giant in the industry, as well as a true gentleman and a man of great vision and integrity.

He is survived by his wife Carole, three children, Bob, Jr., Michael, and Joanne, and six grandchildren.

The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathy and condolences to the Briant family.

Those who knew and worked with Bob understood his commitment and dedication to his work and his family. He will be dearly missed. n

FAST & DEPENDABLE SERVICE SINCE 1963

Louie Schoolcraft has joined Kevin Tighe and Don Ladd to head our sales team leadership.

• Main Line Materials • Water Service Materials • Pumping Stations Items • Wastewater Items • Water Meters • Tools and Equipment • Water Treatment Chemicals • Drainage Pipe

Over 103 Years of Water Works Experience Serving Upstate New York and all New England!

MARCH, 2013

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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Impact of American Taxpayer Relief Act on Employer-Provided Benefits Written by Rebecca Alperin, Esq. & Donna Niles, Paralegal Hinckley Allen Snyder, LLP

After weeks of highly partisan negotiations, President Obama signed into law the American Taxpayer Relief Act (the "Act") on January 2, 2013, to address key elements of the fiscal cliff legislation - the combination of tax increases and spending cuts that kicked in with the New Year. While the legislation's most significant provisions include higher tax rates for high-income taxpayers and a payroll tax increase for working Americans, employers may need to address the Act's provisions affecting benefit and compensation programs ranging from Roth retirement plans to health care and qualified transportation benefits.

In-Plan Roth Conversions Expanded The Act expands a qualified plan participant's ability to transfer amounts from traditional 401(k) plans, 403(b) plans and 457 plans to designated Roth accounts. Prior to the Act, plan participants were limited in their ability to make such transfers.

Transfers to a designated Roth account were restricted to amounts "otherwise immediately distributable" from traditional defined contribution plans (i.e., amounts distributable upon normal retirement, termination of employment, or in-service distribution at age 591/2). Under the American Taxpayer Relief Act and effective for plan years beginning on or after January 1, 2013, participants are allowed to transfer any pre-tax vested account balances under a plan to a Roth account, whether or not immediately distributable. While employers are not required to offer plan participants the ability to make in-plan Roth conversions, employers that chose to offer this feature or to expand the availability of in-plan conversions must amend their plans accordingly.

MARCH, 2013

Benefits Made Permanent The favorable tax treatment associated with the following benefits was set to expire on December 31, 2012. The Act made these benefits permanent.

Educational Assistance: The Act permanently extends the educational assistance benefit and permits employers to pay or reimburse employees up to $5,250 for education costs relating to undergraduate and graduate education provided under qualified educational assistance plans pursuant to Internal Revenue Code Section 127.

Adoption Assistance: The Act permanently extends adoption assistance benefits and permits employers to provide assistance to employees for qualified adoptions up to specified dollar limits. For 2013, employees may exclude from gross income, qualified adoption assistance benefits in an amount up to $12,970 (adjusted annually for inflation). This income exclusion will be phased out.

For example, in 2013 there is no income exclusion for taxpayers with modified adjusted gross income over $194,580. continued on page 33

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Tax-Free IRA Distributions for Charitable Purposes

Taxpayer Relief Act continued from page 31 Dependent Care Assistance: The Act permanently extends a maximum annual tax credit of $150,000 to employers that provide childcare services, such as operating a qualified childcare facility or contracting with a qualified childcare facility to provide childcare services to employees. Similarly, employees may exclude up to $5,000 from gross income under a qualified dependent care assistance program, provided that the amount does not exceed the lesser of the employee's income or the employee's spouse's income. For a married couple in which one spouse is a full-time student or incapable of self-care, such student or spouse is deemed to have income equal to the greater of actual earned income or an amount prescribed by statute.

At least for now, the Act has frozen these amounts at $250 and $500, respectively.

Qualified Transportation Benefits Under a qualified transportation fringe benefit program, employees are permitted to pay certain qualified commuting expenses on a pre-tax basis, up to a specified monthly dollar limit. The monthly limits in effect for 2012 were $125 for qualified mass transit benefits and $240 for qualified parking benefits. The Act increased the monthly limit for qualified mass transit benefits to $240 for 2012 and $245 for 2013. The increased limit is not permanent and extends through December 31, 2013.

The increase to $240 for 2012 is retroactive. An adjustment is available for qualified mass transit benefits paid in 2012 over the $125 per month cap and up to the new $240 per month cap, which may have resulted in an employee's overpayment of FICA taxes and Federal income tax withholding. To provide the retroactive adjustment for 2012, employers must take certain action specified by the IRS.

Tax-free IRA distributions for charitable purposes are reinstated and temporarily extended. The distributions are permitted for IRAs held by taxpayers who are at least 701/2. The provision applies for distributions made in taxable years beginning after December 31, 2011, and it sunsets on December 31, 2013. Transition rules allow distributions made in January 2013 to count for 2012, and they allow individuals who took a distribution in December 2012 to contribute that amount to charity and count it as an eligible charitable rollover as long as it would otherwise meet the requirements. n

THE DRISCOLL DIFFERENCE:

Your key to obtaining the expertise needed to meet your bonding needs.

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.

“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.

Employment Tax Credits The Act extends numerous tax credits, including tax credits for employers hiring certain members of Indian Tribes and employers making differential wage payments to compensate employees who are now serving in active military service.

MARCH, 2013

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

half 1.12 color.indd 1 “BUYUCANE FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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Highest Level of Quality, Greatest Level of Skill

Dagle Electrical Construction, Corp.

Construction: • • • • • • • •

Heavy Industrial Commercial Multi-Unit Residential Tenant Fit-Out Design Build Ground Up Renovation Pumping Stations

Other Services: • • • • • • •

Tel/Data Fiber Optic Fire Alarm Stand By Power Systems Sports Lighting Marine Power Installations Special Event Lighting & Power

Transportation: • • • • •

Traffic Signal Systems Highway & Street Lighting Systems Intelligent Transportation Systems Parking & Snow Melt Systems Rail Transit Installation

Alternative Energy: • Wind Turbine • Photo Voltaic • Green Technology

WBE Certified

P.O. Box 760982 • Melrose, MA 02176-0006 Phone: 800.379.1459 • Fax: 781.937.7678 • Email: dec@deccorp.com

www.deccorp.com

Massachusetts Municipal Association

A

Law Provides $17M for Dam Removal

bill signed into law by the governor on January 10 will provide $17 million to municipalities to repair or remove unsafe dams and coastal infrastructure while enhancing municipal reporting and enforcement authority.

The legislation calls for the Executive Office of Environmental Affairs to draft regulations and criteria for the distribution of the funding, which is expected to be available within the year.

Approximately 3,000 dams in Massachusetts, most of which are in poor condition, pose a threat to public safety and can dramatically affect aquatic health by blocking fish passage, slowing stream flow, raising the temperature of the water, and holding back contaminants, according to the Division of Ecological Restoration.

State officials estimate that 85 percent of the state’s dams no longer serve their original purpose.

Removing unsafe and obsolete dams rids their owners of liability, insurance and maintenance costs, while reducing risks to public safety from flooding and enabling freshwater wildlife and plants to thrive.

At the MMA’s Annual Business Meeting in 2012, members unanimously supported a resolution that, among other things, called on the state to enact a dam removal and repair bill.

In addition to the MMA, the Massachusetts Dam Safety Alliance included the American Council of Engineering Companies of Massachusetts, the Boston Society for Civil Engineers, the Massachusetts Association of Conservation Commissions, Mass Audubon, the Massachusetts Organization of Scientists and Engineers, the Massachusetts Rivers Alliance, and the Massachusetts Water Works Association.

By MMA Sr. Legislative Analyst Tom Philbin. n

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35

PARTS & service

REMARKETING

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VOLVO FINANCIAL SERVICES

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Get it done from one source: your Volvo dealer.

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Whatever you do, Woodco Machinery is there to help you do it. Dependable equipment – from construction and road building to forestry, utilities and more.

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It’s all delivered directly through one source: Woodco Machinery.

We’re the solution you can trust – before and after the sale. Let’s work together.

Contact your nearest Woodco location today.

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Volvo Construction Equipment

36

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

IN THIS ISSUE

• Tax-Free Gains From Home Sales Smart Tax, Business & Planning Ideas fro • Do Well While Doing Good With a Charitable Gift Annuity • Passing the Tests for Entertainment Deductions

Tax-Free Gains From Home S

T

Tax-Free Gains From Home Sales

he National Association of Realtors recently reported that the median sales price of an existing single family home was around $180,000 in late 2012. That’s down from the peak years of 2005–2007, when such prices were near $220,000 but still up from 2002, when the median price was $167,600. Therefore, if you sell a home you’ve owned for 10 years or more, you may well have a gain on the sale. (The same might be true if you sell a house bought in late 2009 or early 2010, the low point of the recent cycle.)

Thanks to some of the most generous breaks in the tax code, you may owe little or no tax on such a gain. In brief, you can exclude up to $250,000 of housing profits from capital gains tax, or up to $500,000 of gains if you are married and file a joint tax return. However, you must pass several tests in order to qualify for either tax exclusion.

Owned and Occupied The $250,000 and $500,000 tax breaks apply only to sales of your principal residence. You can’t claim these exclusions for sale of a vacation home or an investment property. What’s more, you must have owned and used the home as your primary residence for at least two of the five years before the sale.

MARCH, 2013

pass several test for either tax ex

Owned and

The $250,000 a breaks apply on principal reside claim these excl a vacation hom property. What have owned and your primary re two of the five y (Some exceptio Theexceptions National Association of Realtors poor (Some apply in cases of poor health, jobhealth, job cha changes, and unforeseen circumstances.) recently reported that the median sales circumstances.) price of an existing single family home The two years do The two years do not have to be an unbroken around $180,000 in late 2012. That’s unbroken time perio time was period. down from1:thePete peakRoberts years of 2005–2007, 1: Pete Example bought a house Example for when such prices were near $220,000 house for $200,000 $200,000 in April 2008. He moved in right away and stilluntil up from 2002, when livedbut there February 2009.the Atmedian that point,moved Pete in right away took price a new job$167,600. and relocated to aifdifferent state.

He 2009. At t was Therefore, you February put his onyou’ve the market not able sell it. sellhome a home ownedbut forwas 10 years or to new job and relocate more, you a gain put his home on Pete’s newmay job well didn’thave work out, on sothe he movedHe back into his in January June sale.home (The same might 2011. be trueOn if you sell15, a 2012, not he able to sell it. sold house the home for $250,000.

In this scenario, the fivebought in late 2009 or early 2010, Pete’s new job did year the period beforeofthe 16, back into his low point the sale recentstretched cycle.) from June moved 2007, toThanks June 15, 2012.

Pete had owned the home since to some of the most generous 2011. On June 15, 2 April breaks 2008, so he exceeded themay two-year requirement. in the tax code, you owe little home for $250,000.

During the five-year period, Pete lived in the period befo or no tax on such a gain. In brief, you five-year house as his main home for 10 months (April 2008 can exclude up to $250,000 of housing fromtoJune 16, 2007, February 2009) and for 17 months (January 2011 profits from capital gains tax, or up to Pete to had owned the June$500,000 2012). Therefore, he passed the residency re-so he exceede of gains if you are married and 2008, 39 file a joint tax return. However,continued you muston page requirement.

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

37

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MARCH, 2013

Financial Management continued from page 37 quirement as well. Pete is able to exclude the $50,000 gain from tax because it is less than the $250,000 maximum exclusion.

Regarding Rentals The tax rules are more complicated if you sell a house that has had some business use.

Example 2: Assume that Laura Martin has the same housing experience as Pete Roberts in example 1. However, when Laura moved out of her house for nearly two years, she rented it to a tenant. Then, Laura moved back into the house, sold it, and qualified under both two year tests.

if either of them sells a house before June 16, 2014, he or she cannot claim any exclusion on that sale.

Married Couples Married couples can exclude up to $500,000 of gain from the sale of their principal residence as long as either spouse meets the ownership requirement, both spouses meet the use requirement, and neither spouse is ineligible to take the exclusion because they had already excluded the gain on a different primary residence during the two-year period ending with the date of the current sale. continued on page 41

Again, Laura can exclude up to $250,000 of gain on the house sale. However, Laura cannot exclude the part of the gain equal to the depreciation she claimed while her house was rental property.

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

Another Two-Year Rule

M.B.S. Construction Services/Paving

You can claim the $250,000 or $500,000 tax exclusion multiple times, without limit. If you claim either of these exclusions, though, you generally cannot claim another one within two years. In the previous examples, both Laura Martin and Pete Roberts claim exclusions for a house sale on June 15, 2012. Therefore,

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• Notify non-member facility owners.

• Maintain the marks placed by underground facility owners.

Call

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

• If a line is damaged, do not backfill.

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

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39

40

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MARCH, 2013 6/8/12

3:11 PM

Financial Management continued from page 39

Do Well While Doing Good With a Charitable Gift Annuity receive $8,000 (4% of $200,000) a year with every payment from

Y

ouis alive. may want to “give something the charity.

Consequently, as long as either back,” with a substantial charitable the money they receive donation but fear relinquishing asMore or less from the CGA will be If the Wilsons receive 4% cash flow sets you’ll need for living expenses.

In partly taxable and partly from their they’ll get consider more tax-free. The thisCGA, situation, funding a Wilsons charispending money thanannuity they would(CGA). get funded CGA with table gift Manythecharities from aand bank account or money market appreciated assets held other nonprofit organizations offer fund, given today’ s low yields. They’ll more than one year, so these arrangements. be tapping principal in order to do so, they can treat some of They which means they won’t How have access to Work the taxable portion of the donatedAsassets, and they won’ t be as longthe name suggests, you their fundpayments a CGA with a able tocharitable leave thosedonation. assets to their heirs. youterm gains, In return, getcapital a stream of which inprobably willthe be taxed The Wilsons are willing to fund theirof your come that can last the rest life or for lives at two people, such yourself your spouse. favorable rates. your contribution youthe canage deduct.

CGA of because they have otherasassets for and payout rates. Those rates vary by of the doAlso, the Wilsons will receive a Also, an individual funding a single lifetime needs and eventual Example: Ann bequests. and George Wilson want to supnors. When they fund their gift annuity, Ann is 58 and deduction forThe their contribution. will receive a larger Onport the other the Wilsons their hand, favorite charity, whichtax offers CGAs. George is 66. life Theannuity relevant table shows a 4%taxpayout Wilsons $200,000.

They contributed appreciated thanwill a couple similar(4% of probably woulddecide be able to to contribute get a rate.assets Therefore,deduction the Wilsons receiveof$8,000 held more than a year, so their age requesting a joint CGA. higher lifetime payout by buying a $200,000) a year as long as either is alive.

Their chosen charity, like many others, uses tawill be CGAs tend to becontinued straightforward, bles from the American Council ondeduction Gift Annuities to based set on the full on page 43 commercial annuity from an insurance $200,000 market value of those with a definite payout for your company. Again, the Wilsons are assets. Depending on interest rates in investment. Charities and other aware of the tradeoffs involved. They effect at the time of the contribution, nonprofits offering CGAs can accept reduced cash flow in return for the Wilsons might receive an upfront walk you through the details. knowing they’ve benefitted a worthy tax deduction around $20,000 to Nevertheless, you should keep in cause; the Wilsons also will receive mind that a CGA is secured only recognition from the charity as well as $25,000. (However, if the value of the annuity was more than the by the issuer’s assets, so you should several tax advantages. amount contributed, the Wilsons do your homework in order to would not get a deduction.)

Multiple benefits be comfortable that the charity is The older you are when you fund financially sound. g In this example, the Wilsons will be a CGA, the larger the portion of receiving a partial return of principal

Passing the Tests for Entertainment Deductions If you’re a business owner, you probably entertain customers, prospects, employees, suppliers, and others. Such outlays may be deductible, whereas others are in a grey area. If you know the rules, you can support your deductions and withstand IRS scrutiny.

talked about business matters during way will be considered ordinary and the meal, and you must have had a necessary.

Example 1: Eli Smith, who owns specific business benefit in mind. In the Smith Co., takes his marketing order to demonstrate your actions vice president, Carol Jones, to lunch and your intent, in case you’re ever at a local restaurant to discuss the questioned, you should keep some launch of a new product. Because type of log in which you record all this lunch takes place in a clear the details right after you entertain, business setting, the cost probably is including your business purpose. For Direct action tax deductible. However, like most example, your business purpose could To be deductible, entertainment entertainment expenses, Smith Co. be taking long-term and newly hired expenses must pass either the socan deduct only 50% of the total cost. employees out to lunch in order to Even if you merely take someone called “directly related” or “associated” build interpersonal relationships. out to lunch, you should be able to tests. Either way, expenses must be Note: You don’t have to show a MARCH, 2013 FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 41 that the main purpose of the both ordinary and necessary to your “BUYshow successful result, such as closing a outing was related to your business. business. Typically, activities that are deal, but you need to have a valid

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

Financial Management continued from page 41 More or Less If the Wilsons receive 4% cash flow from their CGA, they’ll get more spending money than they would get from a bank account or money market fund, given today’s low yields. They’ll be tapping principal in order to do so, which means they won’t have access to the donated assets, and they won’t be able to leave those assets to their heirs. The Wilsons are willing to fund their CGA because they have other assets for lifetime needs and eventual bequests.

On the other hand, the Wilsons probably would be able to get a higher lifetime payout by buying a commercial annuity from an insurance company.

Again, the Wilsons are aware of the tradeoffs involved. They accept reduced cash flow in return for knowing they’ve benefitted a worthy cause; the Wilsons also will receive recognition from the charity as well as several tax advantages.

Multiple Benefits

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In this example, the Wilsons will be receiving a partial return of principal with every payment from the charity. Consequently, the money they receive from the CGA will be partly taxable and partly tax-free. The Wilsons funded the CGA with appreciated assets held continued on page 45

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44

23 Arthur Street Easthampton, MA 01027 413-527-6900

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Financial Management continued from page 43 more than one year, so they can treat some of the taxable portion of their payments as long-term capital gains, which probably will be taxed at favorable rates.

Also, the Wilsons will receive a tax deduction for their contribution. They contributed appreciated assets held more than a year, so their deduction will be based on the full $200,000 market value of those assets. Depending on interest rates in effect at the time of the contribution, the Wilsons might receive an upfront tax deduction around $20,000 to $25,000.

(However, if the value of the annuity was more than the amount contributed, the Wilsons would not get a deduction.)

The older you are when you fund a CGA, the larger the portion of your contribution you can deduct. Also, an individual funding a single life annuity will receive a larger tax deduction than a couple of similar age requesting a joint CGA. CGAs tend to be straightforward, with a definite payout for your investment. Charities and other nonprofits offering CGAs can walk you through the details. Nevertheless, you should keep in mind that a CGA is secured only by the issuer’s assets, so you should do your homework in order to be comfortable that the charity is financially sound. continued on page 47

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Darmody, Merlino & Co., LLP CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS

Serving The Construction Industry Since 1938 75 Federal Street, Boston, Massachusetts 02110-1997 OFFICE 617.426.7300 • FAX 617.426.2245 WWW.DARMODYMERLINO.COM

GENERAL CONTRACTOR Manufacturer and Installer of Bituminous Concrete Products 100 Wales Avenue-Rear Avon, MA 02322 Office: 508-583-2029 Plant: 508-587-6953

46

226 Nicks Rock Road Plymouth, MA 02360 Scale House: 508-732-9148 Asphalt Plant: 508-732-9140

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MARCH, 2013

Financial Management continued from page 45

3

ctivity

I

Passing the Tests for Entertainment Deductions

of dollars basketball f you’re ahundreds business owner,inyou probtickets.customers, As long as theprospects, conversation at business ably entertain employees, suppliers, and others. takes place on the same day as the setting that offers Such outlays may be deductible, whereentertainment, the IRS considers it actions” won’t meet as others are in held a grey area.before If youorknow directly after the d test. Such settings to be the rules, you can support your deducentertainment. Again, you should s, ball games, golf tions and withstand IRS scrutiny.

keep a log to record such activities. n.

Direct What ifAction the entertainment and ions, you may To be deductible, entertainment expenses must the business discussion are not ductions if the pass either the so-called “directly related” or “associheldway, on expenses the samemust day?be A both deduction associated with ated” your tests. Either ordihasbusiness a substantial with might still be justified, depending nary and necessary to your business.

Typically, ac- on specific benefit conversation in mind. In order to demYou must have a tivities that arethe commonly used and helpful in some onstrate your actions and your intent, in case you’re the visiting executives, going over the specific facts and circumstances. ess discussion” way will be considered ordinary and necessary. ever questioned, you should keep some type of log in IRS has right said after thatyou theenterYou may have more leeway if you arewhichproposal. after the outing. you recordThe all the details Example 1: Eli Smith, who owns the Smith Co., game generally may be considered your business purpose.

For example, entertaining peopleCarol who traveled business takes his marketing vice president, Jones, toto tain, including your business purpose could be taking long-term lunch restaurant to have taken place directly before and you. to discuss the launch of e substantial, youat a localmeet newly hired employees out to lunch in order to build a new product. Because this lunch takes place in a the discussion, so the ticket costs Example 2: Three top executives ow that youclear werebusiness setting, interpersonal relationships. the cost probably is tax decan You meet thehave associated Here, result, fromlike themost Collins Co. comeexpensin from out Note: with the other party However, ductible. entertainment don’t to show atest. successful es, Smith Co. can deduct only 50% of the total cost. such as closing a deal, but you need to for a valid of town to discuss a proposed business Eli probably is on solid groundhave specific business business reason for entertaining.

Even if you merely take someone out to lunch, deducting 50% of his outlays. venture with the Smith Co. They ness discussion you should be able to show that the main purpose Activity OurAssociated office can help you create a Monday afternoon, andThe Eli al, in relation of to thethe outing arrive was related to your business.

IRS says must haveall talked The IRS states that business entertaining recordkeeping plan to support your in a a brief request for that you Smith takes threeabout to a business basketball matters during the meal, and you must have had a setting that offers “substantial distractions” won’t entertainment deductions. justify deducting game Monday night. On Tuesday, Eli meet the directly grelated test.

Such settings include nightclubs, ball games, golf courses, and so on.

Call Your Nearest GENALCO Warehouse In those situations, you may For These Supplies qualify for tax deductions if the HYDRAULIC GRADE 8 STROBE LIGHTS file Form 1040, 1040A, or 1040EZ by October 15.

13 entertainment is associated with OIL NUTS & BOLTS WEATHER CAPS your trade or business.

You must If you are not paying your 2013 income tax through withholding (or AIR CLEANERS have a “substantial business disGREASE FITTINGS TEETH the year that way), pay the first a 2012 calendar year income tax return (Form will not pay in enough taxBUCKET during cussion” directly before or after HOSE y tax due. If you want anHYDRAULIC automatic six-month installment of your 2013BUCKET estimated tax. Use Form 1040-ES. LIPS the outing. o file the return, fileEQUIPMENT FormPAINT 7004 and deposit what Employers. For Social Security, Medicare, withheld and conBUCKETS In orderincome for a tax, business owe. nonpayroll withholding, deposit the tax for payments in March if the versation to be substantial, you CUTTING EDGES CHAIN le a 2012 calendar year income tax return (Form monthly rule applies. must be able to show that you SLINGS ny tax due. Provide each shareholder with a copy actively engaged BACKUP BELLS Household employers.

If you paid cashwere wages of $1,800 or more with the AIR, OIL & FUEL AND ALARMS FILTERS other party or parties ROTARY orm 1120S) or a substitute Schedule K-1.EXTREME If you in 2012 to a household employee, file Schedule H (Form 1040) withto get a PRESSURE GREASE ASPHALT CUTTERS specific business benefit. The six-month extension of time to file the return, file your income tax return and report any household employment taxes.

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Report anyIndustry federal unemployment (FUTA) tax on Schedule H if youto the en55 years of service to New England substantial, in relation

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rtnerships. Provide each partner with a copy of Partnerships. File a 2012 calendar year return (Form 1065).

MARCH, 2013 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” m 1065-B) or a substitute Schedule K-1. This due Provide each partner with a copy of Schedule K-1 (Form 1065) or if the partnership requests an extension of time to a substitute Schedule K-1. If you want an automatic five-month

47

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

Financial Management continued from page 47 tertainment, so a brief request for an order may not justify deducting hundreds of dollars in basketball tickets. As long as the conversation takes place on the same day as the entertainment, the IRS considers it to be held directly before or after the entertainment. Again, you should keep a log to record such activities.

What if the entertainment and the business discussion are not held on the same day? A deduction might still be justified, depending on the specific facts and circumstances. You may have more leeway if you are entertaining people who traveled to meet you.

Example 2: Three top executives from the Collins Co. come in from out of town to discuss a proposed business venture with the Smith Co. They arrive Monday afternoon, and Eli Smith takes all three to a basketball game Monday night. On Tuesday, Eli has a substantial conversation with the visiting executives, going over the proposal. The IRS has said that the game generally may be considered to have taken place directly before the discussion, so the ticket costs can meet the associated test. Here, Eli probably is on solid ground for deducting 50% of his outlays.

Reprinted from CPA Client Bulletin. n

Coming in April: Highlights of the New Tax Law

B

e on the lookout for special coverage of the American Taxpayer Relief Act of 2012, the tax law passed in January to take effect this year.

In April 2013’s Financial Management, you’ll find incisive articles about the key provisions.

You’ll learn whether you’ll face higher income tax rates this year and if so, what steps you can take to reduce your tax bill. Some people will owe higher taxes on dividends and longterm capital gains...but others won’t. Under the new law, income shifting to lower bracket family members will have a greater payoff.

You’ll also discover which estate tax provisions are permanent, enabling you to execute your estate plan with confidence. Business owners can find out about permanent new rules for first year deductions of equipment purchases.

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MARCH, 2013

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49

CONGRATULATIONS Al Morteo of FED. CORP. on becoming the 2013 President of the Utility Contractors’

Association of New England Best wishes for your term!

Bob Bizak Executive Vice President Direct Line: 508.747.4385 rbizak@rogersgray.com RogersGray.com

50

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

CONGRATULATIONS TO OUR CO WORKER AND FRIEND AL MORTEO FORCO-WORKER ANOTHER GREAT ACHIEVEMENT! TO OUR AND FRIEND CONGRATULATIONS TO OUR CO WORKER AND FRIEND AL MORTEO THE BEST IN THE UPCOMING YEAR! WE WISH AL AND UCANE ALALL MORTEO FOR ANOTHER GREAT ACHIEVEMENT! THE STAFF OF FED CORP AND DEDHAM RECYCLED GRAVEL FOR ANOTHER GREAT ACHIEVEMENT! WE WISH AL AND UCANE ALL THE BEST IN THE UPCOMING YEAR! THE STAFF OF FED CORP AND DEDHAM RECYCLED GRAVEL

We Wish Al and UCANE All the Best

in the Upcoming Year!

From the Staff of FED. CORP. and

Dedham Recycled Gravel

MARCH, 2013

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

51

,

...Building the Future Together

A

UCANE President

Al Morteo FED. CORP.

l is Vice President and Co-Owner of FED. CORP. of Dedham, MA. He joined FED. CORP. in 1984, after graduating from Boston College where he received a Bachelor of Science Degree in Accounting. He later earned an MBA in Finance from Suffolk University. In addition to serving as UCANE’s 2013 President, Al currently serves as President of the Board of Trustees of the Massachusetts Chapter of the Leukemia and Lymphoma Society.

Having joined UCANE more than 23 years ago, Al became actively involved in our Association, first, as a member of our Board of Directors, and then ascending to UCANE Secretary and Treasurer before serving as our President. He is also a member of our Budget, Executive, Government Relations, Insurance, Membership, Safety, and Specifications Committees.

Some of Al’s goals for the coming year include, securing increased SRF funding to assure that the maximum number of projects are put out to bid, as well as assisting cities and towns to obtain the necessary funding to move forward with much needed water and sewer projects. Together with our Board, Al will continue to press for the passage of our Cost Adjustment, Interest on Retainage, and Dig Safe Bills. He is also committed to strengthening our Association by increasing membership and has requested our members support to reach his goal of enlisting twenty-five new members during the first half of 2013.

Al is a highly respected role model in our industry, and is viewed as someone who is hardworking, dedicated, and has a wealth of construction knowledge. He exemplifies a member who brings enthusiasm and new ideas to our Association, attributes that are vital for UCANE’s continued growth and strength.

President Elect

Tony Borrelli - Celco Construction Corp.

T

ony is Director of Celco Construction Corp., Pembroke, MA, where his responsibilities include estimating, project management, and day-to-day operations. He is the son-in-law of former UCANE Secretary, Treasurer and Board Member, Joe DiPietro, who founded the company in 1957. Tony joined the company in 1989 after earning a Bachelor of Science Degree and a Master’s Degree in Chemical Engineering from Villanova University.

Tony has been a member of the UCANE Board for the past three years.

He also serves on our Budget, Executive, Government Relations, and Dig Safe Committees. He intends to carry on the family tradition of involvement and support of our Association. Tony is a dedicated UCANE member who brings commitment, enthusiasm, and new ideas to our Association, ingredients that are vital to all organizations.

Treasurer

John Our - Robert B. Our Co., Inc.

J

ohn is Vice President of the Robert B. Our Company, Inc., one of Cape Cod’s largest general contractors. He is a second generation family member who is carrying on the company’s tradition of having an excellent business reputation while providing the experience and expertise to complete quality, on-time projects. Succeeding generations of the Our family have also assumed roles in the business.

John has been a UCANE member since 2005. He has served on the Board of Directors, and as UCANE Secretary, as well as being an active member of our Budget, Executive, and Government Relations Committees.

John believes strongly in our Association, and its goals and future.

UCANE welcomes the skill, experience, and expertise he possesses in the underground utility industry, which is an asset to serving as Treasurer.

Secretary

Paul Scenna - Albanese D&S, Inc.

P

aul is Vice President of Albanese D&S, Inc., Dracut, MA. The company has been a UCANE member since 1992. Paul earned his degree in Civil Engineering at Merrimack College and pursued his MBA at Suffolk University while working full-time.

Paul has been a UCANE Board Member since 2008. He currently serves on our Budget, Executive, Government Relations, and Nominating Committees. On several occasions Paul has been called upon to provide testimony before State Legislative Committees on behalf of UCANE. Paul has gained the respect and admiration of his co-workers and peers within the utility construction industry. His ongoing commitment to UCANE is evident through his hard work in effectively communicating the issues of vital importance to our industry.

Well known for our many standards and specials

Tunnel | Trenchless | Geotechnical | Geostructural Engineering & Design

Since 1961

CONGRATULATES

Co to ngrat la ti OfficUCANu ers a E’s 20o1ns nd B 3 of D irecto oard rs!

UCANE

on celebrating 55 59 years of dedicated service to the underground utility industry!

Contact: Brian Dorwart 603.206.5775 Nick Strater 603.206.5775 Jay Perkins 617.714.5784

1020 Turnpike St. (Rte.138) Canton, MA 02021 781-821-8870 Bolts, Nuts, Screws, Studs, Rods, Anchors, and Washers All Materials, Grades and Finishes

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www.BrierleyAssociates.com Colorado | California | Texas | Illinois | New York New Hampshire | Massachusetts | Wisconsin

Biszko Contracting Corp.

Congratulations to UCANE’s 2013 Officers and my fellow Board Members ~Michael Biszko

20 Development Street Fall River, MA 02721

54

T: 508.679.0518 F: 508.679.9144

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

Daniel O’Connell’s Sons, Inc. Construction Managers and General Contractors Since 1879

Best wishes to my fellow Officers and Board Members.

There is strength in numbers and our company is proud to support UCANE and work together to meet the challenges of the new year. ~ Jeff Bardell Western MA Office 480 Hampden Street Holyoke MA 01040 T: 413.534.5667 T: 800.255.0235 F: 413.534.2902

Eastern MA Office

Connecticut Office

1000 Franklin Village Drive, Suite 106 Franklin, MA 02038 T: 508.520.8900 F: 508.520.8925

59 Elm Street Suite 215 New Haven CT 06510 T: 203.672.0687 F: 203.672.0693

www.oconnells.com MARCH, 2013

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

55

MARCELLA ALBANESE Albanese Bros., Inc.

JEFF BARDELL Daniel O’Connell’s Sons, Inc.

VINCENT BARLETTA Barletta Heavy Division

ADAM DeSANCTIS DeSanctis Ins. Agency, Inc.

TOM DESCOTEAUX R. H. White Const. Co., Inc.

JERRY GAGLIARDUCCI Gagliarducci Construction, Inc.

BILL KEAVENEY A. R. Belli, Inc.

ROBERT LEE J. F. White Contracting Co.

RYAN McCOURT McCourt Construction Co.

MICHAEL BISZKO, III Biszko Contracting Corp.

STEVEN COMOLETTI P. Caliacco Corp.

MAUREEN DAGLE Dagle Electrical Const., Corp.

MARCO GIOIOSO P. Gioioso & Sons, Inc.

BILL IRWIN C.J.P. & Sons Const. Co., Inc.

PHIL JASSET Honorary Board Member

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

LOUIS SCHOOLCRAFT Ti-SALES, Inc.

FAST & DEPENDABLE SERVICE SINCE 1963

UCANE is to be congratulated for 59 years of commitment and dedication to our industry.

Congratulations UCANE...

Ready, Willing and Able to speak as the unified voice of the Underground Utility Industry.

utilities * road & bridge * track * sitework 100 Hancock St., Way Suite 901 10 Commerce Westford, MA 01886 Quincy, MA 02171 P:978-692-1901 T: 617.845.8000 F: 617.845.8001 978-692-1903 F:

www.lmheavycivil.com An Equal Employer An EqualOpportunity Opportunity Employer A C.M.C. di Ravenna Company

BEST WISHES to UCANE’S 2013 OFFICERS & BOARD We applaud your dedication and commitment to the underground utility industry.

UCANE has our full support! /Users/fred/Documents/_4_LMH/_EXPERIENCE/_07_BROCHURES/_ADS/_2010-02 UCANE/LMH UCANE Ad 2010-0205 half-page_D.odp

79 Nahanton Avenue • Milton, MA 02186 T: 617-269-0400 • F: 617-696-8758 58

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MARCH, 2013

Congratulations to the 2013 Officers and Board of UCANE. Thank you for your efforts to support and strengthen our industry.

OFFICERS President: President Elect: Treasurer: Secretary:

Al Morteo.......................................................FED. CORP. Tony Borrelli..........................Celco Construction Corp.

John Our.....................................Robert B. Our Co., Inc. 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 Mike 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.

MARCH, 2013

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W. Walsh Company Congratulates UCANE on celebrating over 59 years of professional excellence to the underground utility industry!

Congratulations to UCANE’S 2013 Officers and Board of Directors

INC.

H2OK

32 Walton St., Attleboro, MA 02703 travelers.com The Travelers Indemnity Company and its property casualty affiliates. One Tower Square, Hartford, CT 06183 © 2013 The Travelers Indemnity Company. All rights reserved. Travelers and the Travelers Umbrella logo are registered trademarks in the U.S. and other countries. CP-8186 New 2-13

CLEANING AND CEMENT LINING OF WATER MAINS

Water Works Supply Corp.

Water • Sewer • Drain

24 HOUR SERVICE • LARGE INVENTORY Water Works Supply Corp.

CONGRATULATES UCANE ON CELEBRATING 59 YEARS OF PROFESSIONAL EXCELLENCE TO THE UNDERGROUND UTILITY INDUSTRY.

www.wwscorp.com

Malden, MA 800.322.1327 781.322.1238 Londonderry, NH 800.432.6393 603.432.6393

Water Works Supply Corp. Supports UCANE

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SINCE 1972

We are proud to be a UCANE member and wish to congratulate the Officers and Board who will lead UCANE in 2013.

TEL: (781) 293-2100 • (866) 982-2206 FAX: (781) 293-4791 www.liddellbrothers.com 600 Industrial Dr. • Halifax, MA 02338 MARCH, 2013

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BEST WISHES TO UCANE’s 2013 Officers and Board of Directors!

We applaud your commitment and dedication to our industry.

BOSTON · PROVIDENCE · HARTFORD · CONCORD · ALBANY

www.haslaw.com

Congratulations UCANE on celebrating 59 years of excellence serving the underground utility industry.

We are proud to be a UCANE member and will continue to support its goals.

Accounting & Tax Management • Consulting • Business Valuation • HR Consulting 10 Forbes Road West, Braintree, MA 02184 www.kafgroup.com

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e look forward to the next 100 years of

Best Wishes To UCANE’s 2013 Officers and Board.

OFFICERS Aggregate Industries is an environmentally responsible producer of high quality aggregate and construction materials in President: Al Morteo.......................................................FED. CORP. the United States. From the roads you drive on to the buildings you work in and the homes you live in, Aggregate Industries supports fundamental elementsBorrelli..........................Celco of everyday life.

President Elect: Tony Construction Corp.

Aggregate Industries building materials market in New England. A range of our B. products warmInc. mix Treasurer: leads the green John Our.....................................Robert OuruseCo., asphalt technology, which consumes less energy, results in lower carbon emissions, and allows for increased recycling Secretary: Scenna.....................................Albanese D&S, Inc. opportunities.

We recycle more Paul than 600K tons of asphalt and concrete each year. In addition, our portfolio includes green products that contribute to the US Green Building Council’s Leadership in Energy and Environmental Design (LEED) certifications, including pervious concrete and asphalt.

BOARD OF DIRECTORS Aggregate Industries has been a supplier of the building products and solutions market that the residentsBros., of New Inc. Marcella Albanese......................................................................Albanese England have relied on for over 100 years. As part of the Holcim Group, Aggregate Industries views our commitment to Jeff Bardell...................................................................Daniel O’Connell’s Sons,takes Inc. Corporate Social Responsibility and Community as one of our core values. We believe that a responsible company care of the communities in which the company serves and supports the employees who work for it.

Vincent Barletta....................................................................

Barletta Heavy Division We are committed sustainable development and the preservation of the resources we rely on for the products Corp. we Mike Biszko,toIII...................................................................

Biszko Contracting produce. Aggregate Industries is recognized as an environmental leader in the industry for having voluntarily conformed Steven Comoletti............................................................................. to the International Standards Organization Environmental Management System, ISO 14001. P. Caliacco Corp.

Maureen Dagle............................................................Dagle While our business will continue to grow, our commitments will remain the same:

Electrical Const., Corp.

Adam DeSanctis.............................................................DeSanctis Ins. Agency, Inc. • Set the standard by which all companies in our industry are measured.

Thomas Descoteaux. .......................................................R. H. White Const.quality Co., Inc. �• Be steadfast in our journey to be leaders in providing construction materials of the highest and in the way we manage our impact on the land, air and water resources, and people around Jerry Gagliarducci...................................................

Gagliarducci Construction, Inc. our operations.

Marco Gioioso.

P. Gioioso & Sons, Inc. �• Be the leader in....................................................................... sustainable construction.

Bill Irwin..Industries, .....................................................................

SonstoConst.

Co., Inc. At Aggregate we know you rely on the products we produce, andC.J.P. we look&forward the next 100 years of servicing the communities across New England.

Phil Jasset...........................................................................Honorary Board Member For more information about our Company and our products, please visit: Bill Keaveney.......................................................................................

A. R. Belli, Inc. www.aggregate-us.com/_aius/regions/ne/ne_home.cfm Robert Lee........................................................................ J. F. White Contracting Co. Ryan McCourt.................................................................. McCourt Construction Co. Delivering Value Richard Pacella, Jr.......................................................................... R. M. Pacella, Inc. Louis Schoolcraft.................................................................................Ti-SALES, Inc.

MARCH, 2013

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Wishes to Congratulate UCANE’s 2013 Officers & Board of Directors.

President AL MORTEO

OFFICERS President Elect Treasurer TONY BORRELLI JOHN OUR

Secretary PAUL SCENNA

BOARD OF DIRECTORS Marcella Albanese Jeff Bardell Vincent Barletta Michael Biszko, III Steven Comoletti Maureen Dagle

Adam DeSanctis Thomas Descoteaux Jerry Gagliarducci Marco Gioioso Bill Irwin Phil Jasset

Bill Keaveney Robert Lee Ryan Mccourt Richard Pacella, Jr. Louis Schoolcraft

40 Shawmut Road • Canton, MA 02021 • T: 781-821-6222 • F: 781-821-7444

Congratulates UCANE

Celebrating over 59 years of professional excellence to the underground utility industry.

NESC, INC. 99 Elm Street • Salisbury, MA 01952 • Tel: 978-462-1825 • Fax: 978-462-1827 www.nesc-inc.com • Email: info@nesc-inc.com

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MARCH, 2013

Time is tight & Mother Nature’s about to toss you a curve ball.

Better call Baker.

There are a thousand things that can go wrong at your jobsite. Your rental equipment shouldn’t be one of them.

BakerCorp has been with you on the front line for decades, providing the largest, most dependable equipment rental fleet of tanks, pumps, filtration & specialty media for any project application.

TANKS

FILTRATION & MEDIA

BakerCorp.

The one certainty at your jobsite.

PUMPS / SOUND ATTENUATED

As a proud member, we wish to congratulate the Officers & Board who will lead UCANE in 2013.

BakerCorp Boston 102 Old Worcester Road, Oxford, MA 01540

(508) 987-0034 / www.bakercorp.com

MARCH, 2013

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Congratulations to the 2013 Officers and Board of Directors, and to UCANE for over 59 years of commitment and dedication to our industry.

A.H. Harris & Sons, Inc.

A

H H

HARRIS

CONSTRUCTION SUPPLIES

www.ahharris.com

is proud to be a UCANE member and congratulates the Oofficers and Board who will lead UCANE in 2013!

William L. Labbe, CPCU, CIC william.labbe@hubinternational.com (P) 508-235-2208 (C) 508-944-4239 (F) 866-602-4965 www.hubinternational.com

222 Milliken Boulevard, Fall River, MA 02722

We are proud to be a UCANE member and wish to congratulate the

Officers and Board who will lead UCANE in 2013.

P.O. Box 220801 Dorchester, MA T: 617-287-1004 F: 617-282-1669 www.feeneybrothers.com

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MARCH, 2013

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Congratulations to the 2013 Officers and Board of Directors.

WE APPRECIATE YOUR COMMITMENT AND LEADERSHIP

A.F. Amorello&Sons, Inc. GENERAL CONTRACTORS 115 Southwest Cutoff • P.O. Box 277 • Worcester, MA 01604 • 508-791-8778 Fax: 508-791-2296

Congratulates UCANE on celebrating 59 years of excellence serving the underground utility industry.

DOERING Equipment Co.

Est. 1968

P.O. Box N Franklin, MA 02038 T: 508.520.3629 F: 508.520.4249

We

are proud to be a

UCANE

member

and will continue to support its goals.

SPS

New England, Inc. 98 Elm Street • Salisbury, MA 01952

New England, Inc. to the new slate of Officers and Board of Directors.

There is strength in numbers and our company is proud to stand alongside other UCANE members to support and work for our common goals.

Tel: 978.462.6543 • Fax: 978.462.0345 www.spsnewengland.com 68

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MARCH, 2013

A. R. BELLI, INC. Wishes to congratulate

Bill Keaveney

2013

and his fellow Officers and

Board of Directors of the

Utility Contractors’ Assn. of New England, Inc.

Tel: (617) 332-8855 Fax: (617) 332-2158

271 Nevada Street Newtonville, MA 02460

Cindy Sementelli, President Bill Keaveney, General Manager DBE/WBE CERTIFIED

MARCH, 2013

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Darmody, Merlino & Co., LLP CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS

Serving The Construction Industry Since 1938

Best wishes to UCANE’s Officers and Board of Directors as they meet the challenges of the new year.

75 Federal Street, Boston, Massachusetts 02110-1997 OFFICE 617.426.7300 • FAX 617.426.2245 WWW.DARMODYMERLINO.COM

• ESTIMATING & BIDDING

• FIELD – field tracking & analysis module • LOGISTICS – resource planning & dispatching module • MAINTENANCE – equipment maintenance & repair management module

PROUD SUPPORTER OF THE UTILITY CONTRACTORS’ ASSOCIATION OF NEW ENGLAND BID2WIN Software creates enterprise-class construction solutions designed to help you be more profitable—through accurate, successful bids, and efficient management of your jobs. Our solutions can stand alone, or integrate together seamlessly, to give you real-time control over all aspects of your jobs—and your company’s bottom line.

HERE’S A HANDFUL OF UCANE MEMBERS THAT HAVE CHOSEN BID2WIN SOFTWARE.

70

A. R. Belli, Inc.

D. W. White Construction, Inc.

Lawrence Lynch Corp.

P.J. Keating Company

RJV Construction Corp.

Barletta Engineering Corp.

Defelice Corp.

Lorusso Corp.

Palmer Paving Corp.

Robert B. Our Co., Inc.

Bridges LLC.

Gagliarducci Construction, Inc.

P. A. Landers, Inc.

R. Zoppo Corp.

Walsh Contracting Corp.

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

to UCANE

celebrating over 59 years of excellence serving the underground utility industry.

Jay Cashman, Inc. 549 South St. Quincy, MA 02169 617.890.0600

MARCH, 2013

We are proud to be a UCANE member and applaud the dedication and commitment of UCANE’s Officers and Board of Directors.

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P.A. Landers, Inc.

The Smart Choice For All Your Site Development Needs

Congratulates UCANE on celebrating 59 years of professional excellence to the underground utility industry.

351 Winter Street • Hanover, MA 02339 800.660.6404 • 781.826.8818 Fax: 781.829.6377 www.palanders.com

Route 130 • Sandwich, MA 02563 800.834.4333 • 508.477.8818 Fax: 508.477.8818

Best Wishes to UCANE’s 2013 Officers and Board We applaud your dedication and commitment to the underground utility industry.

UCANE has our full support!

83 Carmelina’s Circle • Ludlow, MA 01056 • Tel: 413-583-6160 • Fax: 413-583-6140

CONGRATULATIONS to the Utility Contractors Association’s 2013 Officers and Board of Directors

www.miltoncat.com

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Congratulations

to the 2013 Officers and Board of the Utility Contractors’ Association of New England, Inc.

Put some power into your next precast project!

OFFICERS President: President Elect: Treasurer: Secretary:

Al Morteo.......................................................FED. CORP. Tony Borrelli..........................Celco Construction Corp.

John Our.....................................Robert B. Our Co., Inc. 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 Mike 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.

CSI

CONCRETE SYSTEMS, INC. 9 Commercial Street, Hudson, New Hampshire 03051

(800) 342-3374 (603) 889-4163 FAX (603) 889-0039

MARCH, 2013

Concrete Systems, Inc.: Manholes & Catch Basins, Box Culverts, Special Box Structures, Containment Vaults, CON/SPAN ® Bridge Systems, Permanent & Temporary Barrier, T-Wall ® Retaining Wall Systems, EcoWall, ARMOR CAST ® Aboveground Storage Tanks & ARMOR VAULT® Below Grade Storage Tank “BUYand FROM THE ADVERTISERS INTechnologies: CONSTRUCTION Systems Custom Structures.

CSI Shelter PrecastOUTLOOK” Monolithic Structures for Power Generating Facilities, Meter or Pumping Stations, Hazmat Storage, Communications Buildings and PCS Equipment

73

BEST WISHES TO UCANE’S 2013 OFFICERS AND BOARD We applaud your dedication and commitment to the underground utility industry.

UCANE HAS OUR FULL SUPPORT!

169-B Memorial Drive • Shrewsbury, MA 01545 Tel: 508-842-3790 • www.ur.com

Congratulations to the 2013 slate of Officers and Board of Directors.

There is strength in numbers and our company is proud to stand alongside other UCANE members to support and work for our common goals.

300 Congress Street Quincy, MA 02169-0907 617.773.9200

238 Bedford Street Lexington, MA 02421 781.861.1800

281 Main Street Webster, MA 01570 508.671.9222

www.tonry.com 74

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MARCH, 2013

NORTHEAST Traffic Control

We are proud to be a UCANE member and wish to congratulate the Officers and Board who will lead UCANE in 2013.

P.O. Box 946 Plymouth, MA 02362 Tel: 508-746-4450 Fax: 508-746-7160 www.netraffic.net

MARCH, 2013

We’re Here To Serve You

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GROVE CONSTRUCTION, INC. General Contractors

Congratulations to UCANE’s 2013 Officers & Board of Directors

UNITED WE STAND! James Zenone President 1-A Spaceway Lane Hopedale, MA 01747 Tel: 508.381.0000 Fax: 508.381.0062 jameshz@aol.com

We are proud to be a UCANE member and wish to congratulate the Officers and Board who will lead UCANE in 2013!

From your friends: Dick Madden Joe Bottini Steve Cardinal Paul Gunning

Griffin Dewatering New England, Inc. 299 Hop River Road Bolton, CT 06043

Tel: 860-643-9585 Fax: 860-646-0192

www.griffindewatering.com

Everyone at Griffin would like to 2013 Officers congratulate the 2008 and Board Members of the Utility Contractors’ Association of New England, Inc. OFFICERS President........................................

AlBarletta Morteo President………....………Vincent PresidentElect...........................

Elect…..............Joseph President Tony Pacella Borrelli Treasurer….......…..……….MarcoJohn Gioioso Treasurer.........................................

Our Secretary………....….……….ChrisScenna Walsh Secretary....................................Paul

DIRECTORS Marcella Albanese Paula Benard Jeff Bardell Robert Berry Vincent Barletta Bob Bizak Terry Buckley Michael Biszko, III Matt Campano Steven Comoletti Steve Comoletti Maureen Dagle Jon D’Allessandro Adam DeSanctis Tom Descoteaux Thomas Descoteaux Jerry Gagliarducci Jerry Gagliarducci Phil Jasset

Marco Gioioso Michael Lenihan Bill Irwin Ryan McCourt Phil Jasset John Pacella Bill Keaveney Duncan Peterson Chris Podgurski Robert Lee Paul McCourt Scenna Ryan Jim Shalek Richard Pacella, Jr. Pat Walsh, Jr. Louis Schoolcraft David Zoppo

125 Stergis Way • Dedham, MA 02026 T: 781.407.9133 • F: 781.407.9134

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THE SCITUATE COMPANIES 120

Congratulations to UCANE’s 2013 Officers and Board of Directors OFFICERS President: President Elect: Treasurer: Secretary:

Al Morteo.......................................................FED. CORP. Tony Borrelli..........................Celco Construction Corp.

John Our.....................................Robert B. Our Co., Inc. 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 Mike 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.

MARCH, 2013

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P.T. Kelley, Inc. General Contractors

65 Otis St., Somerville, MA 02145 Tel: 617-625-5100 Fax: 617-628-6740

Congratulates UCANE’s 2013 Officers and Board We applaud your dedication and commitment to the underground utility industry.

We are proud to be a UCANE member, and wish to congratulate the Officers and Board who will lead UCANE in 2013.

HALUCH

WATER CONTRACTING, INC. 399 Fuller Street • Ludlow, MA 01056 Tel: (413) 583-3196 • Fax: (413) 583-2901

Joseph P. Cardillo & Son, Inc. Congratulates UCANE on celebrating 59 years of professional excellence to the underground utility industry.

1 Melvin Street Wakefield, MA 01880

78

T: 781.245.8095 F: 781.245.3478

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MARCH, 2013

The Leader in High Quality, Modular Trench Shoring SALES • RENTALS • SERVICE • REPAIRS TRADE-INS • RECERTIFICATION

Wishes to Congratulate the 2013 Officers and Board of the Utility Contractors’ Association of New England, Inc. OFFICERS President: President Elect: Treasurer: Secretary:

Al Morteo.......................................................FED. CORP. Tony Borrelli..........................Celco Construction Corp.

John Our.....................................Robert B. Our Co., Inc. 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 Mike 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.

226 Cherry Street • Shreswbury, MA 01545 Call: 508.842.2822 • Fax: 508.842.2824 Email us at: sales@americanshoring.com

www.americanshoring.com MARCH, 2013

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to UCANE’s Officers and Board as they meet the challenges of the new year.

★ ★ ★

★ ★ ★

CONGRATULATIONS

★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★

A. Andreassi & Son, Inc. 781-769-1146

Congratulates UCANE Celebrating 59 Years of professional excellence to the underground utility industry.

Congratulations to UCANE’s 2013 Officers and Board of Directors

United We Stand!

165 Hartwell St., West Boylston, MA 01583 Tel: 508-835-4431 • Toll Free: 800-723-7473 www.hrprescott.com

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MARCH, 2013

Best Wishes to UCANE’s 2013 Officers and Board of Directors

Best Wishes to UCANE’s 2013 Officers and Board of Directors

We applaud your dedication and commitment to the underground utility industry

41 Central Street - Auburn, MA 01501 T: 508-832-3295 F: 508-832-7084

www.rhwhite.com

Congratulates UCANE on celebrating over 59 years of excellence serving the underground utility industry.

We are proud to be a UCANE member and will continue to support its goals.

P. O. Box 678 • Somerville, NJ 08876 Tel: 908-534-4021 • Fax: 908-534-5011

From Team EJP to Team UCANE...

We’re proud to be members and we salute this year’s officers and board!

Water, SeWer, Drain & StormWater SolutionS

MARCH, 2013

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CULLEN, MURPHY & CO., P.C. Certified Public Accountants • John E. Merchant, CPA

We are proud to be a UCANE member and wish to congratulate the Officers and Board who will lead UCANE in 2013.

1506 Providence Highway Norwood, MA 02062

E-mail: jmerchant@cullenmurphyandco.com

Tel: (781) 769-6262 Fax: (781) 769-5675

SB General Contracting, Inc. UCANE is to be congratulated for 59 years of commitment and dedication to our industry.

14 Renmar Avenue • Walpole, MA 02081 • T: 508.660.8700 • F: 508.660.8602

J.F. WHITE CONTRACTING COMPANY P.O. BOX 9020• FRAMINGHAM, MASSACHUSETTS 01701-9020 TEL: (508) 879-4700 • FAX: (617) 558-0460 WWW.JFWHITE.COM

Congratulations to the Officers and Board of Directors of Utility Contractors’ Association of New England, Inc. Your Continued Dedication to the Utility Construction Industry is Appreciated by All.

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MARCH, 2013

Congratulating UCANE on Achieving 59 Years of Professional Excellence.

Salutes UCANE on being the voice of our industry for over five decades.

21 Arnold Farm Road W. Greenwich, RI 02817 Tel: 401.397.4950 • Fax: 401.397.4980 www.thompsonpump.com

MARCH, 2013

Estate Planning Business Succession Planning Executive Benefits Health & Welfare Benefits Retirement Plans HR Consulting & Outsourcing Reservoir Corporate Center 144 Turnpike Road, Suite 110 Southborough, MA 01772 508.875.7431 www.pinnaclefinancialconsultants.com

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R. M. Pacella, Inc.

Wishes to Congratulate UCANE’s 2013 Officers and Board

Congratulates UCANE on celebrating 59 Years of professional excellence to the underground utility industry.

President: President Elect: Treasurer: Secretary:

Al Morteo Tony Borrelli John Our Paul Scenna

Marcella Albanese Jeff Bardell Vincent Barletta Mike Biszko, III Steven Comoletti Maureen Dagle Adam DeSanctis Thomas Descoteaux Jerry Gagliarducci Marco Gioioso Bill Irwin Phil Jasset Bill Keaveney Robert Lee Ryan McCourt Richard Pacella, Jr. Louis Schoolcraft

3 Madison St. • Plainville, MA 02762 Tel: (508) 695-5100 • Fax: (508) 695-2793

FED. CORP. Celco Const. Corp.

Robert B. Our Co., Inc. Albanese D&S, Inc.

Albanese Bros., Inc. Daniel O’Connell’s Sons, Inc. Barletta Heavy Division Biszko Contracting Corp.

P. Caliacco Corp.

Dagle Electrical Const., Corp.

DeSanctis Ins. Agency, Inc. R. H. White Const. Co., Inc. Gagliarducci Construction, Inc. P. Gioioso & Sons, Inc. C.J.P. & Sons Const. Co., Inc. Honorary Board Member A. R. Belli, Inc. J. F. White Contracting Co. McCourt Construction Co. R. M. Pacella, Inc. Ti-SALES, Inc.

160 Old Maple St. • Stoughton, MA 02072 Tel: 781.344.8822 • Fax: 781.344.7382

S S R N E S! O IC R TI FF TO LA 32 O EC TU 01 IR RA 2 F D G S N NE’ D O CO CA AR U BO TO ND A

COUNT ON US 1,350 locations. All 50 states. 17,000 associates.

59 years in business.

In the waterworks business, time means money. At Ferguson, we understand our customers’ needs. Ferguson is one of the leading suppliers of waterworks products in North America. It’s true that our inventory is huge with thousands of waterworks products in stock. And we fill your orders accurately and right away.

HDPE PIPE. Canton:

(781) 828-1350

PVC PIPE.

VALVES/FITTINGS.

North Harwich:

(508) 430-1696

GEOTEXTILES. Worcester:

(508) 754-2027

11 additional locations in Connecticut, Vermont, New Hampshire, Maine, Rhode Island and New York

Nobody expects more from us than we do ® © 2012 Ferguson Enterprises, Inc. All rights reserved.

84

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

Congratulations to the 2013 Congratulations Officers and D e d i c a t e d t o e x c e e d ing your UCANE...

Board of Directors.

Ready, Willing and Able to speak as the unified voice of the Underground Utility Industry.

MAROIS BROTHERS, INC.

SITE DEVELOPMENT CONTRACTORS 115 Blackstone River Rd., Worcester, MA 01607 (508) 791-8134

Palmer Paving is an industry leading hea

From your friends at

construction firm, serving both public an

our own HMA and aggregate processing

as a materials producer and roadway con

173 Church Street We welcome yourCT inquiries and look forw Yalesville, 06492 Tel: 203.269.3119

next site, road construction or infrastruct

D e d i c a t e d t o e x c e eDdeidnigc ay toeudr teox pe ex c teaetdi oi nngs .y o u r e x p e c t a t i o

Palmer Paving is an industry leading heavy highway engineering Palmer Pavingcivil is an industry leading heavy highway civil engi

construction firm, serving both public and private sector construction firm,clients. servingWith both public and private sector client

our own HMA and aggregate processingour plants, areand fully integrated own we HMA aggregate processing plants, we are fully in

as a materials producer and roadway contractor for projects of any as a materials producer andsize. roadway contractor for projects o

We welcome your inquiries and look forward to helping you solve your We welcome your inquiries and look forward to helping you s

next site, road construction or infrastructure challenge. next site, road construction or infrastructure challenge.

We’re proud to be a UCANE member www.palmerpaving.

Palmer Paving Corporation, Inc and congratulate and Board Arthur Street 25 Blanchard Street, the23Officers 43 Old Coldbrook Ro Easthampton, MA 01027 Palmer, MA 01069who will lead UCANE in 2013.Barre, MA 01005

413-527-6900

413-283-8354

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

MARCH, 2013

www.palmerpaving.com Palmer Paving Corporation, Inc

413-283-8354

www.palmerpaving.com

23 Arthur Street 43 Old Coldbrook 23 ArthurRoad Street 1000 Page Boulevard 25 Blanchard Street, 43 Old Coldbrook Road Easthampton, MA 01027 MA 01104 Barre, MA 01005 Easthampton, MASpringfield, 01027 Palmer, MA 01069 Barre, MA 01005 413-527-6900413-283-8354 413-283-8354 413-737-4020 413-527-6900 413-283-8354

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

1000 Page Bou Springfield, M 413-737-4020

85

L. Guerini Group, Inc.

Congratulations

We are proud to be a UCANE member and wish to congratulate John Our and the Officers and Board who will lead UCANE in 2013.

Meredith Allen Our Robert B. Our, III P. O. Box 115 • Centerville, MA 02632

www.ourouthouses.com

to UCANE’s 2013 Officers and Board of Directors UNITED WE STAND! 34 Topalian St. Mattapan, MA 02126

Best Wishes to UCANE’s 2013 Officers and Board We applaud your dedication and commitment to the underground utility industry.

UCANE HAS OUR FULL SUPPORT!

Construction Practice Group 20 Cabot Boulevard, Suite 300 • Mansfield, MA 02048 Tel: 508.342.6780 • Fax: 508.342.6790

86

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

Congratulations to UCANE’s 2013 Officers and Board of Directors

UNITED WE STAND! ,

General Contractor

28 Loon Hill Road, Dracut, MA 01826 Tel: 978-454-8850 • Fax: 978-458-8710

Robert B. Our Co., Inc.

UCANE

is to be congratulated for over 59 years of commitment and dedication to our industry.

P.O. Box 1539 Harwich, MA 02645 Tel: 508.432.0530

“Congratulations To UCANE’s 59 Years Of Excellence” Best Wishes To The Officers & My Fellow Board Members Looking Forward To A Successful Year!

Tel: 800.379.1459 • Fax: 781.937.7678 •

www . deccorp . com

Dagle Electrical Construction, Corp.

MARCH, 2013

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

87

Massachusetts Woburn Avon Corporate Headquarters 140 Wales Avenue 22 North Maple 1373 Street Avon, MA WASHINGTON ST. 02322 WEYMOUTH, Phone: MA 02189 Woburn, MA 01801 508-584-8484 Tel: 781.340.0400 Phone: 781-935-3377

Salutes UCANE on being the voice of our Industry for over five decades.

www.woodcomachinery.com

Best wishes to my fellow Officers and Board Members as we meet the 22 North Maple Street challenges Woburn, MA 01801 New England’s Premier Precaster!

781-935-3377 of 2013.

(800) 696-SHEA (7432) www.sheaconcrete.com www.woodcomachinery.com Fax: (978) 388-6959

info@sheaconcrete.com

Manufacturer of:

Tel: 800.696.SHEA (7432) Stairs, Bulkheads, Septic Tanks, Pump Stations, Leach Chambers, Manholes, Fax: 978.658.2645 Drywells, Utility Structures, Barriers, Curbing, Precast Footings, Bollards, Fire www.sheaconcrete.com Cisterns, Box Culvert, Stormwater Systems, Retaining Walls, Precast info@sheaconcrete.com Concrete Buildings, etc…

New England’s Premier Precaster!

(800) 696-SHEA (7432)

www.sheaconcrete.com

info@sheaconcrete.com Best Wishes to UCANE’s 2013 Manufacturer of: Officers and Board Fax: (978) 388-6959

Stairs, Bulkheads, Septic Tanks, Pump Stations, Leach Chambers, Manholes, Drywells, Utility Structures, Barriers, Curbing, Precast Footings, Bollards, Fire Cisterns, Box Culvert, Stormwater Systems, Retaining Walls, Precast Concrete Buildings, etc…

We applaud your dedication and commitment to the underground utility industry.

UCANE HAS OUR FULL SUPPORT! 773 Salem Street

87 Haverhill Road 153 Cranberry Hwy Wilmington, MA Amesbury, MA Rochester, MA Mail: PO Box 520 ● Wilmington, MA 01887

88

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 773 Salem Street

87 Haverhill Road

153 Cranberry Hwy

MARCH, 2013

Rho Joh 60 Joh Pho

BEST WISHES TO UCANE’S 2013 OFFICERS AND BOARD We applaud your dedication and commitment to the underground utility industry.

CELEBRATING OVER 50 YEARS 38 Mountain Ash Lane • Pembroke, MA 02359 Phone: (781) 331-6521 • Fax (781) 335-6853 Cell Phone: (781) 635-8389

GENERAL CONTRACTORS

Salutes UCANE on being the voice of our industry for over 59 years.

295 Pasco Road • Indian Orchard, MA 01151 Tel: 413.543.6978 • Fax: 413.543.6918 www.gagliarducci.com MARCH, 2013

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

89

C

JP & SONS onstruction Co., Inc.

GENERAL CONTRACTORS

THE 2013 OFFICERS AND BOARD OF DIRECTORS OF THE UTILITY CONTRACTORS’ ASSN. OF NEW ENGLAND, INC. ARE TO BE CONGRATULATED. Your dedication to improving our industry is deeply appreciated.

1420 MAIN STREET MILLIS, MA 02054

Best wishes to UCANE’s Officers and Board as they meet the challenges of the new year.

33 Oak Street • Hingham, MA 02043 (781) 749-9468 • FAX (781) 749-6173

TEL: 508-376-4916 FAX: 508-376-8921

Congratulates UCANE on celebrating 59 years of excellence serving the underground utility industry.

We are proud to be a UCANE member, and will continue to support its goals.

200 Merrimac Street Woburn, MA 01801 (781) 935-1919

90

140 Wales Avenue Avon, MA 02322 (508) 584-8484

102 State Road Whately, MA 01093 (413) 665-7009

60 Shun Pike Road Johnston, RI 02919 (401) 942-9191

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

We are proud to be a UCANE member and wish Customers deserve to congratulate the the best.

We demand it.

Officers and Board who will lead UCANE in 2013.

Learn more at ejco.com or 800 626 4653 East Jordan Iron Works, Inc., will be doing business as EJ effective January 6, 2012.

L&L

Concrete Products, Inc.

Salutes UCANE on being the voice of our industry for over five decades.

P. O. Box 516 Webster, MA 01570 Tel: (508) 987-8175 Fax: (508) 987-8822

Umbro & Sons Construction Corp.

Congratulates UCANE on celebrating 59 years of excellence serving the underground utility industry.

P.O. Box 255654 Boston, MA 02125 MARCH, 2013

Tel: 617.427.0030 Fax: 617.427.5017

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

91

P.O. Box 693 Leominster, MA 01453 Phone: 978.840.9700 Fax: 978.840.9702 Website: www.gvcconstruction.com

SOMWBA Certified MBE/WBE/DBE

Salutes UCANE on being the voice of our industry for over five decades.

Concrete Construction • Road Construction • Utility Installations • Site Work

GENERAL CONTRACTOR Manufacturer and Installer of Bituminous Concrete Products

Congratulates UCANE

Celebrating over 59 years of professional excellence to the underground utility industry.

(508) 583-2029 100 Wales Ave. Rear

Office: Plant: (508) 587-6953

Avon, MA 02322

POWER LINE CONTRACTORS, INC. “All Your High Voltage Needs”

We are proud to be a UCANE member and wish to congratulate the Officers and Board who will lead UCANE in 2013.

P.O. Box 2059 • Woburn, MA 01888-0059 Tel: 781-944-9077 • Fax: 781-942-2511 Email: power@powerlinecontracting.com Website: www.powerlinecontracting.com

92

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

Congratulations We are proud to be a UCANE member since 1968 and we wish to congratulate Al Morteo and the Officers and Board who will lead UCANE in 2013.

J. D’Amico, Inc. Mike Lenihan Anthony D’Amico

Nick Biello Jim D’Amico

Jim Baker

10 York Ave. • Randolph, MA 02368 Tel: (781) 961-3700 • Fax: (781) 986-4667 • E-Mail: mikel@jdamico.com

Congratulations to the 2013 Officers and Board of Directors!

Protection starts here

and here.

DeSanctis Insurance Agency Serving the Bonding and Insurance needs of the N.E. construction industry for over 35 years.

Adam DeSanctis Gregory Juwa James Axon Michael Carney Wilder Parks Michael Gilbert Bryan Juwa David Boutiette Paul Patalano Dick Caruso Ryan Prentis

DeSanctis Insurance Agency, Inc. • 100 Unicorn Park Drive • Woburn, MA 01801 (781) 935-8480 www.desanctisins.com

MARCH, 2013

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

93

Celebrating 66 years of service to New England 1947-2013

Salutes UCANE on being the voice of our industry for over five decades.

GENALCO inc.

Needham Heights, MA Springfield, MA W. Haven, CT • Warwick, RI

1-877-436-2526

Congratulations to UCANE’s 2013 Officers and Board of Directors!

Best wishes to Al Morteo.

From your friends at RJV Construction Corp.

21 Lincoln Street • Canton, MA 02021 T: (781) 821-1469 • F: (781) 828-5116

Congratulations to the 2013 UCANE Officers

Al Morteo John Our

Tony Borrelli Paul Scenna

and Board Members

Your continued commitment and dedication to our industry is deeply appreciated.

Direct to the equipment fueling of construction equipment

~Mark O’Leary

94

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

ZURICH SURETY We are proud to be a UCANE member and wish to congratulate Al Morteo, the Officers and Board Members who will lead UCANE in 2013!

We are proud to be a UCANE member and wish to congratulate the Officers and Board who will lead UCANE in 2013.

571823_Half Page Ad

3/21/08

650 Industrial Drive • Halifax, MA 02338 T: 781.294.1080 • F: 781.294.1067 www.wesconstruction.com 571823_Half Page Ad 3/21/08

1:02 PM

1:02 PM

Page 1

100 High St., Suite 1400 Boston, MA 02110 Tel: (617) 570-8800 • Fax: (617) 570-8997 Page Website: 1 www.zurichna.com

TANK RENTALS www.adlertankrentals.com

• 21,000 &10,000 Gallon Steel Frac Tanks • Epoxy Coated, Carbon Steel, Steam Coils, Open Top, Weirs, Vapor Tight • Safety Stairway & Guard Rail • Welding For Special Project Needs • On-Site Tank Cleaning Service • Covering the entire northeast region

TANK RENTALS www.adlertankrentals.com

• 21,000 &10,000 Gallon Steel Frac Tanks • Epoxy Coated, Carbon Steel, Steam Coils, Open Top, Weirs, Vapor Tight • Safety Stairway & Guard Rail • Welding For Special Project Needs • On-Site Tank Cleaning Service • Covering the entire northeast region

Salutes UCANE on being the voice of our industry for over five decades.

21,000 Gallon Frac Tank

1-800-421-7471 ADLER TANK RENTALS

MARCH, 2013

SERVICING ALL OF NEW ENGLAND “BUY THEHour ADVERTISERS IN CONSTRUCTION OUTLOOK” 7 FROM Day 24 Emergency Service

New England: 1-774-245-6623

95

We are proud to be a UCANE member and wish to congratulate the Officers and Board who will lead UCANE in 2013.

AQUA-LINE UTILITY, INC. 268 Washington St. E. Bridgewater, MA 02333 Tel: 508.690.2009

396 Gifford St., Falmouth, MA 02540 P.O. Box 913, Falmouth, MA 02541 www.LawrenceLynch.com

508-548-1800 fax: 508-548-6917

Congratulates UCANE celebrating over 59 years of professional excellence to the underground utility industry.

Congratulations to the 2013 Officers and Board of Directors J. A. POLITO & SONS CO., INC. SHREWSBURY, MA

96

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

• Newton Johnson, President • Oscar B. Johnson, Executive Vice President • Mark D. Leskanic, Vice President • Christopher Clark, Account Executive

BondLetor Insurance Problems?

Eastern States Insurance us improve upon your current program.

Insurance

Bonds

Employee Benefits We can help!

Risk Management

50 Prospect Street | Waltham, Massachusetts 02453 | (781) 642-9000 | (781) 647-3670 fax | esia.com

Congratulates UCANE

• Problem Obtaining Bonds? • Slow Service? • Uncompetitive Terms?

12/11/09 • Bid Bonds • Performance & Payment Bonds • High Insurance Premiums? • Inadequate Coverage? • Poor Service?

• All Forms of Liability and Property Insurance • Newton Johnson, President • Oscar B. Johnson, Executive Vice President • Mark D. Leskanic, Vice President • Christopher Clark, Account Executive

ESI 6x3.75adv4.indd 1

3:13:09 PM

on celebrating 59 years of professional excellence to the underground Eastern Insurance utilityStates industry.

Insurance

Bonds

Employee Benefits

Risk Management

50 Prospect Street | Waltham, Massachusetts 02453 | (781) 642-9000 | (781) 647-3670 fax | esia.com ESI 6x3.75adv4.indd 1

12/11/09 3:13:09 PM

We are proud to be a UCANE member and wish to congratulate the Officers and Board who will lead UCANE in 2013.

Arruda Trenchless Construction Pipe and Manhole Rehabilitation David Arruda

92 Locust Street • Berkley, MA 02779 • Tel: 508.567.9827 • Djarruda@aol.com

MARCH, 2013

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

97

Celebrating UCANE’s 59 years of excellence We are proud to support UCANE and recognize the dedication fo the 2013 Officers and Board of Directors.

Experience the power of being understood.

Call 617.912.9000 or visit www.mcgladrey.com.

©2013 McGladrey LLP. All Rights Reserved.

I am proud to be a UCANE member and wish to congratulate the Officers and Board who will lead UCANE in 2013!

8 Springdale Ave. • Canton, MA 02021 • 781.828.0821 • 800.286.0404 www.podgurskicorp.com 98

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

Commemorative Issue Congratulatory Ads Adler Tank Rentals...................................................95 Aggregate Industries - N. E. Region........................63 Albanese Brothers, Inc.............................................87 Allied Bolt & Screw Corp........................................54 American Shoring Inc..............................................79 A. F. Amorello & Sons, Inc......................................68 A. Andreassi & Son, Inc..........................................80 Aon Construction Services Group...........................83 Aqua-Line Utility, Inc. . ..........................................96 Arruda Trenchless Construction..............................97 BakerCorp................................................................65 Baltazar Contractors, Inc.........................................72 Barletta Heavy Division...........................................64 A. R. Belli, Inc.........................................................69 Bid2Win Software, Inc............................................70 Biszko Contracting Corp..........................................54 Brierley Associates...................................................54 C. J. P. & Sons Const. Co., Inc................................90 P. Caliacco Corp.......................................................88 Joseph P. Cardillo & Son, Inc..................................78 Jay Cashman, Inc.....................................................71 Celco Construction Corp..........................................89 Concrete Systems, Inc..............................................73 Cullen, Murphy & Co., P. C.....................................82 Dagle Electrical Construction Corp.........................87 J. D’Amico, Inc........................................................93 Darmody, Merlino & Co., LLP................................70 Dedham Recycled Gravel (FED. CORP.)................51 DeSanctis Insurance Agency, Inc.............................93 Doering Equipment Co., Inc....................................68 Eastern States Insurance Agency, Inc......................97 EJ..............................................................................91 T. L. Edwards, Inc....................................................92 FED. CORP..............................................................51 Feeney Bros. Excavation Corp................................66 Ferguson Waterworks...............................................84 GVC Construction & Engineering, Inc....................92 Gagliarducci Construction, Inc................................89 Genalco, Inc.............................................................94 Gencorp Insurance Group........................................86 P. Gioioso & Sons, Inc......................Inside Back Cvr. Grove Construction, Inc...........................................76 Griffin Dewatering New England............................76 L. Guerini Group, Inc...............................................86 HD Supply Waterworks...........................................76 Haluch Water Contracting, Inc.................................78 A. H. Harris & Sons, Inc..........................................66 Hinckley Allen Snyder, LLP....................................62 Hub International New England, LLC.....................66 Iaria Bros., Inc..........................................................90 IUOE Local 4...........................................................67

MARCH, 2013

K & K Excavation Co., Inc......................................58 P. T. Kelley, Inc........................................................78 Kirkland, Albrecht & Fredrickson, P. C...................62 L & L Concrete Products, Inc..................................91 LM Heavy Civil Construction, LLC........................58 P. A. Landers, Inc.....................................................72 Lawrence-Lynch Corp.............................................96 Liddell Brothers Inc.................................................61 Marois Brothers, Inc................................................85 McCourt Construction Co........................................59 McGladrey...............................................................98 Milton CAT..............................................................72 NESC, Inc................................................................64 Northeast Traffic Control Services, Inc...................75 Daniel O’Connell’s Sons, Inc..................................55 Robert B. Our Co., Inc.............................................87 Our Outhouses, Inc..................................................86 R. M. Pacella, Inc.....................................................84 Palmer Paving Corporation, Inc...............................85 Pinnacle Financial Group.........................................83 Podgurski Corp........................................................98 J. A. Polito & Sons Co., Inc.....................................96 Power Line Contractors, Inc....................................92 E. J. Prescott, Inc......................................................81 H. R. Prescott & Sons, Inc.......................................80 RJV Construction Corp............................................94 Rogers & Gray Insurance Agency, Inc....................50 SB General Contracting, Inc....................................82 SPS New England, Inc.............................................68 Schmidt Equipment, Inc...........................................80 The Scituate Companies..........................................77 Shea Concrete Products...........................................88 Taylor Oil Company................................................94 Thompson Pump......................................................83 Ti-SALES, Inc.........................................................58 Albert J. Tonry & Co., Inc.......................................74 Travelers...................................................................60 Umbro & Sons Construction Corp...........................91 United Concrete Products, Inc.................................85 United Rentals Trench Safety..................................74 Vianini Pipe, Inc.......................................................81 WES Construction Corp..........................................95 W. Walsh Co., Inc....................................................60 Water Works Supply Corp.......................................60 J. F. White Contracting Co.......................................82 R. H. White Construction Co., Inc...........................81 C. N. Wood Company, Inc.......................................90 Woodco Machinery, Inc...........................................88 R. Zoppo Corp.........................................................84 Zurich Surety...........................................................95

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

99

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

-PLANT LOCATIONSQUINN-PERKINS S & G CO. Burlington (781) 272-0200 PANDOLF-PERKINS CO. Sterling (978) 422-8812 • (800) 339-3389 KANE-PERKINS CO. Hudson (978) 562-3436 • (800) 287-3436 GRAVEL • SAND • STONE FILL AND LOAM BITUMINOUS CONCRETE (PAVING) READY-MIX CONCRETE PRECAST CONCRETE PRODUCTS

E 100

H

P

Advertisers’ Index ATS Equipment, Inc. .......................................................... 40 Adler Tank Rentals ..............................................................38 Aggregate Industries-New England Region.........................22 Arruda Trenchless Construction..........................................23 Boro Sand & Stone Corp......................................................45 Dennis K. Burke, Inc............................................................41 Concrete Systems, Inc..........................................................14 Dagle Electrical Construction, Corp....................................34 Darmody, Merlino & Co., LLP........................................... 46 DeSanctis Insurance Agency, Inc. . .....................................27 Dig Safe System, Inc............................................................39 The Driscoll Agency ...........................................................33 EJ..........................................................................................42 Eastern Insurance Group, LLC........................................... 24 Eastern States Insurance Agency, Inc..................................13 T. L. Edwards, Inc............................................................... 46 Ferguson Waterworks...........................................................35 Ford Meter Box Co.............................................................. 44 Fringe Consulting.................................................................49 Genalco, Inc..........................................................................47 Geod Consulting, Inc............................................................21 L. Guerini Group, Inc...........................................................17 HD Supply Waterworks..........................................................4 A. H. Harris & Sons, Inc. ....................................................17 Hinckley Allen Snyder, LLP................................................20 P. J. Keating Company............................................................8 P. A. Landers, Inc.................................................................21 Lawrence-Lynch Corp..........................................................48 Liddell Brothers Inc..............................................................32 Lorusso Corp........................................................................43 Lorusso Heavy Equipment, LLC.........................................26 Mabey, Inc............................................................................23 Mass Broken Stone Company...............................................39 Milton CAT..................................................................... 2 & 3 North East Shoring Equipment, LLC.................................. 46 Our Outhouses, Inc...............................................................48 Palmer Paving Corporation................................................. 44 E. H. Perkins Construction Co., Inc...................................100 Podgurski Corp................................................................... 44 E. J. Prescott, Inc..............................................Ins. Front Cvr. Rain For Rent-New England.................................................30 Read Custom Soils . .............................................................49 Rodman Ford........................................................................12 Rogers & Gray Insurance Agency, Inc.................................50 Schmidt Equipment, Inc.......................................... Back Cvr. The Scituate Companies.........................................................6 Shea Concrete Products........................................................18 Smith Print............................................................................48 Sunbelt Rentals/Case of N. E...............................................28 Systems Support Corporation...............................................43 Taylor Oil Company.............................................................11 Ti-SALES, Inc. ....................................................................29 Albert J. Tonry & Co., Inc....................................................43 Travelers..................................................................................9 Tri-Products, LLC................................................................27 United Concrete Products, Inc. ...........................................45 United Rentals Trench Safety...............................................10 C. N. Wood Co., Inc. . ..........................................................16 Woodco Machinery, Inc.......................................................36

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MARCH, 2013

Best wishes to Al Morteo and the 2013 Officers and Board Members.

As our Association celebrates its 59th Anniversary, I am proud to have served for the last 2 years as UCANE President.

I eagerly anticipate the energy and invaluable perspective that you will undoubtedly COto NGprovide continue RATULAour TIOindustry NS as we face the challenges MARCO GIOIOSO of the new year.

~ Marco Gioioso

From

your

staff

and

partners

at

P. Gioioso & Sons, Inc. We are very proud of you for being installed as the50 new UCANE Presi dent.

Sprague Street • Hyde Park, MA 02136

Tel: 617.364.5800 • Fax: We are confident that, with 617.364.9462 your determination, vision and leadership, the promotion of a clean er environment for future generations will reach greater levels in 2011.

TThhiinnkkiinngg bbiigg?? TThhiinnkk KK--SSeerriieess

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

Contact us today!

Contact us today!

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