Construction Outlook October 2015 by Ucane

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

OCTOBER, 2015

Team EJP Celebrates Six Decades of Innovation and Three of WE’VE GONEGenerations FROM Commitment to the Waterworks Industry!

0 - 60

IN THREE GENERATIONS! THAT’S WHY NO ONE IN THE WATERWORKS INDUSTRY CAN KEEP UP WITH TEAM EJP. Everett J. Prescott, Founder President 1955-1978 After founding the first waterworks distributor north of Massachusetts in 1955, he expanded the company’s presence on the road and in the trenches, while bringing New England such “firsts” as factory-direct trucking of cast iron pipe.

Peter E. Prescott, CEO President 1978–2003

UCANE Interview

Peter expanded the company all the way to Indiana; added sister companies Quality Water Products (QWP), PEP Transportation, and Red Hed Supply & Manufacturing; and started 24-hour emergency service, Value-Added Services, the KNOW H2OW Engineering Seminars, and the University of Prescott training program.

Team EJP celebrates 60 years of leadership and innovation under three generations of the Prescott family.

Steven E. Prescott, President 2003–Present Steve created the Reference Manual, a comprehensive source of product and engineering information for EJP’s product lines; opened three locations in New York and three in New England; added a fourth sister company, Plastic Pipe Fabrication (PPF); expanded the scope of the Service Department; and added erosion control product lines.

Rep. Thomas A. Golden, Jr.

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MAKING A SPLASH FOR 1955 - 2015

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(D-Lowell) WAT ER , WAST E WAT ER & STO R MWAT ER SO LU T I O N S

WE’VE GONE FROM

0- 60 IN THREE GENERATIONS!

THAT’S WHY NO ONE IN THE WATERWORKS INDUSTRY CAN KEEP UP WITH TEAM EJP. Everett J. Prescott, Founder President 1955-1978 After founding the first waterworks distributor north of Massachusetts in 1955, he expanded the company’s presence on the road and in the trenches, while bringing New England such “firsts” as factory-direct trucking of cast iron pipe.

Peter E. Prescott, CEO President 1978–2003 Peter expanded the company all the way to Indiana; added sister companies Quality Water Products (QWP), PEP Transportation, and Red Hed Supply & Manufacturing; and started 24-hour emergency service, Value-Added Services, the KNOW H2OW Engineering Seminars, and the University of Prescott training program.

Team EJP celebrates 60 years of leadership and innovation under three generations of the Prescott family.

Learn more about the team that was born to race at EJPracing.com.

MAKING A SPLASH FOR 1955 - 2015

1-800-EJP-24HR EJPRESCOTT.COM

WAT ER , WAST E WAT ER & STO R MWAT ER SO LU T I O N S

Years of Excellence 1954-2015

OCTOBER, 2015

IN THIS ISSUE

OFFICERS President TONY BORRELLI Celco Construction Corp. President Elect JOHN OUR Robert B. Our Co., Inc. Treasurer PAUL SCENNA Albanese D&S, Inc. Secretary RICHARD PACELLA, JR. R. M. Pacella Inc.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. VINCENT BARLETTA Barletta Heavy Division NICK BIELLO J. D’Amico, Inc. KEVIN COLE J. F. White Contracting Co. STEPHEN J. CONNOLLY ATS Equipment, Inc. MAUREEN DAGLE Dagle Electrical Const., Corp. THOMAS DESCOTEAUX R. H. White Const. Co., Inc. ALEX DUNN Travelers GREG FEENEY Feeney Bros. Excavation, LLC JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. PHIL JASSET Honorary Board Member AL MORTEO FED. CORP. JOSEPH PACELLA RJV Construction Corp. BRIAN RAWSTON Jay Cashman, Inc. KENNETH STEVENS A. H. Harris Construction Supplies PAUL A. UMBRO Umbro & Sons Construction Corp. CHRIS VALENTI GVC Construction, Inc. DAVID ZOPPO R. Zoppo Corp. ANNE KLAYMAN Executive Director

3 President’s Message:

Water in Our Daily Lives is Taken For Granted

7 Legislative Update:

• UCANE Testifies before Massachusetts Legislature to Improve Worksite Safety • EPA Approves Cape Cod’s Updated Water Quality Plan • EPA Confirms Mass. Water Infrastructure Finance Commission’s Findings: Massachusetts Requires Billions of Dollars to Ensure Clean Water • Joint Committee on Labor and Workforce Development Hears Potentially Far Reaching Wage Theft Legislation • Boston Globe Editorial: Mass. Towns Can Do More to Cut Water Pollution • Attorney General Announces Fair Labor Division Leadership

19 UCANE Interview:

House Chairman Thomas A. Golden, Jr. (D-Lowell)

23 Legal Corner:

Massachusetts’ Highest Court Vacates Coghlin v. Gilbane: The Construction Manager At Risk Method Does Not Eliminate the Owner’s Implied Warranty of Plans and Specifications

26 UCANE’s September Dinner Meeting 33 UCANE’s Annual Christmas Party & Scholarship Auction 34 Associate Member of the Month:

Team EJP Celebrates Six Decades of Innovation and Three Generations of Commitment to the Waterworks Industry! More Than a Pipe Dream

43 MWRA Board Supports Water for SouthField 45 Spotlight on Cape Cod:

EPA Approves Cape’s Updated Water Quality Plan

47 Safety Corner:

Workplace Accidents Can Be Costly

49 Technology in Construction:

Spooked About Your Network’s Security?

53 Financial Management:

• Cons and Pros of Roth IRAs • Where to Find Investment Income • Social Media for Business Owners

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Tony Borrelli Editorial Board: Tony Borrelli, John Our, Paul Scenna, and Richard Pacella, Jr. 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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Water in Our Daily Lives is Taken For Granted Whenever and by whatever communication media we have available, whether it’s our website, our monthly magazine, business meetings, or newsletters, UCANE has tried to educate legislators and the public alike about the essential need for clean water in our daily lives. Our message is a simple one. Clean water is so essential in our daily lives that no person can live without it…it is a precious natural resource that needs our protection.

ur water sources and producing a continual flow of clean water is not free. We must value clean water and provide the necessary funds to make certain it is sustainable into the future. The men and women that form the local, state, and federal agencies who we have given the job of planning and building our underground water and sewer infrastructure to, have a huge responsibility to the public and future generations that few of us really understand… because most of the public takes the availability of clean water for granted. For a long time it seemed that UCANE was one of the very few organizations speaking out about these issues, but now, there definitely are a few others. And many more are beginning to use their media to get out the message. A growing number of voices have joined UCANE in trying to call attention to the need to invest in underground water and sewer infrastructure systems, some of which are over 100 years old. The EPA recently released its findings that Massachusetts will need $7.7 billion over the next 20 years just to maintain its existing water infrastructure. Nationwide, the estimated cost is estimated at $384 billion. This EPA analysis follows the 2012 report of the Massachusetts Water Infrastructure Finance Commission, of which UCANE was a member, which put a $21 billion gap in funding for drinking and wastewater infrastructure over the same

OCTOBER, 2015

20-year period. Yet the public seems to be in a state of disbelief at these figures. Do they still believe clean water is free? The Value of Water, a national advocacy group, recently promoted a campaign called “Imagine a Day without Water”. It was a nationwide public relations effort to highlight how important water is in our everyday life. Some of the more interesting statistics are: • The average American uses 176 gallons of water per day…that is 64,240 gallons a year. • 349 billion gallons of freshwater are withdrawn daily. • 40% of water in America is used to produce the food we eat and the beverages we drink. • According to National Geographic, the United States has 1.2 million miles of water mains, which is 26 miles of water mains for every mile of interstate highway. • 46% of the water consumed in America is used to produce the manufactured products we buy. The next time you go out for dinner, be aware that it took 32 gallons of water to make that one glass of wine you are sipping on and 1,230 gallons of water to yield that steak you ordered. It also took 40,000 gallons of water to manufacture the car you drove to continued on page 5

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President’s Message continued from page 3 the restaurant. These interesting facts illustrate just how vital water is, not only in our homes, but in every aspect of our lives. Its availability cannot be taken for granted. The economic benefit of water infrastructure investment in Massachusetts is also well documented. The MWRA Advisory Board commissioned a report by the Edward J. Collins Center for Public Management, which found that the Boston Harbor Cleanup, while costly, will end up leveraging $8.4 billion in private investment based on planned and permitted projects. The Cleanup also created 20,000 permanent jobs, 10,000 construction jobs, and $75 million in new annual tax revenue. The report also found that every $1 invested in water/ wastewater infrastructure can generate somewhere between $2-$14 in new taxes and $2.62-$6.77 in private investment. The Center also examined how a lack of investment can delay development projects. The Union Square and Boynton Yards developments in Somerville, MA have the potential to generate 6,833 more jobs and $62 million in additional local and state revenue, but without a plan to upgrade the water infrastructure the development cannot get off the ground.

All of these studies, facts and figures just validate what we already know…public investment in water infrastructure is not only crucial for our health and safety, but it is also smart economic development policy. We need to take every opportunity to discuss this with our elected officials.

Lastly, I and other UCANE members were very encouraged to have Governor Baker and Lt. Governor Polito as our keynote speakers at our Dinner Meeting last month and acknowledge how important clean water and drinking water is to our citizens’ daily lives and to our State’s economy. The Governor talked about his experience as Secretary of Administration and Finance during the Boston Harbor Cleanup and the benefits that it brought not only to the Boston area, but to the entire Commonwealth. Lt. Governor Polito has long been an advocate for water and sewer investment and for our industry, and she pledged to continue her support. n

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UCANE Testifies before Massachusetts Legislature to Improve Worksite Safety

he Joint Committee on Telecommunications, Utilities and Energy recently held a public hearing on legislation addressing double poles, storm resistant infrastructure, and other measures meant to improve the safety of underground utilities. In particular, UCANE provided oral and written testimony about one particular measure, House Bill 2850, relative to improving public safety in excavation. In testifying in support of the legislation, Jeff Mahoney and Mike Lenihan highlighted the fact that UCANE members, with extensive experience operating in accordance with the applicable “Dig-Safe” laws and regulations governing site excavation, are seeing more incidents due to a lack of clarity and inconsistent application resulting in costly delays and more expensive repairs. As such, House Bill 2850 proposes language that would strengthen and clarify the current governing Dig-Safe statutes. The Dig-Safe laws and regulations, Mass. Gen. Laws ch. 42, §40A – §40E and 220 CMR 99.00 et. seq., respectively, govern the marking of underground utilities for purposes of protecting against unintended strikes or breaks to utility equipment. Instituted to protect the general public, utility company assets, and

the lives of contractors, the Dig-Safe laws and regulations are enforced by the Massachusetts Department of Public Utilities (DPU). Through its oversight, the DPU is charged with determining whether Dig-Safe laws have been violated, the party responsible and the assessment of penalties, if any. In recent years, UCANE members have seen a marked uptick in utilities’ claims of contractor violations of the Dig-Safe laws. Contractors are concerned that the Dig-Safe laws, which have not been revisited in a number of years, may not reflect recent technological advances and techniques. Among the items included in the legislation is updating the definition of the term “emergency” to address times when Dig-Safe laws must be followed; defining the term “non-mechanical means” to reflect modern technology; clarifying language relative to the identification of underground facilities and underscoring the DPU’s ability to require continuing education. The Joint Committee on Telecommunications, Utilities and Energy will now review submitted written testimony and must report, favorably or unfavorably, by the reporting deadline of March 2016. continued on page 9

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Legislative Update continued from page 7

EPA Approves Cape Cod’s Updated Water Quality Plan

s recently reported by the Cape Cod Times, the U.S. Environmental Protection Agency (EPA) has approved Cape Cod's updated regional water-quality management plan, ending a two-year, $3 million process to rewrite the 35-yearold document. The so-called 208 plan, named for the portion of the federal Clean Water Act that requires periodic updates to regional wastewater plans, was approved by Governor Charlie Baker in June. The EPA was under a tight deadline to review the 250page document; it faced a September 15 deadline under the terms of a settlement agreement from lawsuits against the agency claiming that it failed to review, update, and enforce the plan. Towns faced losing access to the state's zero and low-interest water quality loan program without an updated plan. Armed with the new 208 plan as a guide, all 15 towns will have one year to come up with watershed plans to deal with nutrient contamination, including identifying specific management agencies responsible for implementing the plan, addressing pollution control, funding, and a permitting framework. The Cape relies heavily on outdated septic systems, which do not stop the flow of nitrogen and phosphorous into bays and ponds. The excess nutrients promote the growth of algae, which reduces the oxygen levels in the water and, in turn, kills marine life and makes the water unappealing and unsuitable for swimming and fishing.

The approach, outlined in the plan's executive summary, is to consider the traditional centralized sewer system last, advocating lower-cost alternative technologies to solve the problem in a watershed first. The EPA announced its approval of the Section 208 plan in the Town of Mashpee with representatives of MassDEP. continued on page 11

The plan promotes the use of less-expensive alternative wastewater technologies and provides financial incentives that can cut the overall cost by 25 percent or more over traditional, centralized sewer systems, although in some areas sewers will still be the preferred approach. State and federal regulations also favored sewer systems, which have a longer, more proven track record. But the Cape Cod Commission evaluated more than 40 alternative technologies in developing the water quality plan and the state signed off on their use, with periodic checks on how effective they are at reducing the contaminants in groundwater and stormwater runoff.

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Legislative Update continued from page 9

EPA Confirms Mass. Water Infrastructure Finance Commission’s Findings: Massachusetts Requires Billions of Dollars to Ensure Clean Water

he United States Environmental Protection Agency (EPA) recently released its water infrastructure needs report for the Nation. Noting that some water and sewer systems in older cities date back to the 1800s, the EPA found that it would cost $384 billion over 20 years just to maintain the nation's existing drinking water infrastructure. For Massachusetts, the EPA estimated the need at about $7.7 billion, including $5.6 billion to maintain the transmission and distribution network. The Massachusetts Water Infrastructure Finance Commission (MWIFC), in taking a closer look at Massachusetts, found the total figure actually closer to $21

billion, not including projected amounts necessary to meet potential stormwater management. The MWIFC breakdown included $10.2 billion for drinking water needs and $11.2 billion for wastewater projects. Massachusetts has been allocated $478 million in federal grants from the Drinking Water State Revolving Fund through 2015. According to the EPA and DEP, the percentage of funding left unspent has fallen from 6 percent SHORING SAFETYFor more inforin 2011 to 2.4 percent this &year. mation about the EPA report, please visit: http:// water.epa.gov/infrastructure/sustain/infrastructureneeds.cfm.

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Legislative Update continued from page 11

Joint Committee on Labor and Workforce Development Hears Potentially Far Reaching Wage Theft Legislation

ith legislative committee hearings now in full swing, the Joint Committee on Labor and Workforce Development recently heard public testimony about so-called “wage theft” legislation that could have wide-ranging impacts on the construction industry, as well as many other industries. In particular, House Bill 1748 / Senate Bill 966, An Act to Prevent Wage Theft and Promote Employer Accountability, would seek to make both the “lead company” and any associated companies jointly and severally liable for any violation of the wage law. The legislation is being supported by Auditor Suzanne Bump, Attorney General Maura Healey, 75 legislators, and a variety of labor unions. While no one condones the theft of wages through the non-payment or improper payment of wages, the construction industry has raised concerns that the issue is one of enforcement and not the need

for new laws. As written, the legislation would allow for the Attorney General to issue stop work orders for a maximum 10 day period while still requiring the employer to pay the employees, who are not able to work due to the stop work order. In addition, the legislation would essentially provide the attendant rights of private action to the Attorney General – meaning that her office could pursue treble damages for violations of the law. It was noted at the public hearing that the Attorney General already has many of the tools offered by this legislation. UCANE will be meeting with the other construction associations in an effort to work with the legislature on legislation that fairly tackles the issue of wage theft without penalizing innocent companies. To review this legislation, please visit: https://malegislature.gov/Bills/189/House/H1748. continued on page 15

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Legislative Update continued from page 13

Boston Globe Editorial: Massachusetts Towns Can Do More to Cut Water Pollution

Boston Globe editorial from September has raised the level of attention over the EPA’s upcoming stormwater regulations. By the end of this year, the EPA is expected to issue tougher new regulations governing municipal stormwater systems, the underground networks that collect rainwater from street drains and pipe it into rivers and lakes. Many of those systems are old and dirty, and the new rules will require towns and cities to try harder to eliminate one of the last major sources of water pollution in Massachusetts. The new rules are expected to call for more monitoring, stronger enforcement against sources of contamination, and more frequent cleaning. According to the Boston Globe, ‘[m]unicipalities are starting to kvetch, calling the impending new rule an unfunded federal mandate. The Massachusetts Department of Environmental Protection has also flagged some parts in a draft version of the rules that could be confusing or impractical, like a requirement that towns put up signage at stormwater outfalls,

even those in remote areas where nobody is likely to see them. Still, while a few small tweaks may be warranted before the final language is issued, the EPA is on the right track. Yes, the rules could cost towns money to comply — few environmental protections come free. But the prospect of higher bills could also prod municipalities to seek efficiencies through regional consolidation or through modernizing the way they manage their stormwater systems, steps that are overdue anyway.” As municipalities and regional water authorities continue to plan for their water infrastructure needs, UCANE along with other groups within the Water Infrastructure Alliance, continues to urge the legislature to focus on addressing the Commonwealth’s water infrastructure needs. To read the Boston Globe editorial, please visit: www.bostonglobe.com/opinion/editorials/2015/09/07/mass-towns-can-more-cut-water-pollution/E9meh5Lw4yu36xnearKX2L/story.html. continued on page 17

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Legislative Update continued from page 15

Attorney General Announces Fair Labor Division Leadership

ccording to a press release from the AG’s Office, Attorney General Healey has named Cynthia Mark as Chief of the Fair Labor Division, and Lauren Goldman as Deputy Chief. Prior to her appointment, Cynthia Mark worked for the last 10 years as the managing attorney of the Asian Outreach Unit of Greater Boston Legal Services, representing Asian immigrant clients with multiple barriers to accessing the legal system. She has devoted her professional life to advocating for the rights of low-wage immigrant workers and has successfully litigated complex employment cases under the Massachusetts Wage Act and Fair Labor Standards Act. In 2014, Mark was honored as a recipient of the Top Women in Law award by Massachusetts Lawyers Weekly. She currently serves as a board member of Justice at Work, a non-profit group that provides legal support to immigrant workers, and is a trustee with the Harry H. Dow Memorial Legal Assistance Fund. A graduate of Northeastern University School of Law, Mark is a resident of Cambridge. Lauren Goldman who will serve as Deputy Division Chief of the Fair Labor Division, previously worked under Attorney General Martha Coakley as an Assistant Attorney General in the Fair Labor Division until 2012. Since then, Goldman has served as chief of staff and policy advisor for the Massachusetts Department of Unemployment Assistance, advising the Director on policy, human resources, and labor relations issues for the agency. As chief of staff she also managed more than 700 staff members for the agency’s five regional offices. Goldman is a graduate of Suffolk University Law School and Syracuse University. She resides in Cambridge. The Attorney General’s Fair Labor Division has broad powers to investigate and enforce violations of these laws through criminal prosecutions and civil enforcement actions. The division uses this authority to protect employees from exploitation by employers, prosecute employers who are failing to follow the Commonwealth’s wage and hour laws, and set a level playing field with clear rules that employers can follow, ensuring that strong economic growth and fairness for workers go hand-in-hand. n

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House Chairman Thomas A. Golden, Jr. Joint Committee on Telecommunications, Utilities and Energy (D-Lowell) Representative Golden worked in real estate for 19 years and received an MBA from UMass Lowell. Being involved in business, he has always been interested in how things work, and how they can be further improved. He also runs a property management company, so he understands the value in making investments with an eye toward the long-term. Representative Golden got involved in politics because he wanted to make a difference in his community and take the concerns of his constituents before his colleagues on Beacon Hill. “It’s been an honor and a fantastic opportunity. I have really enjoyed every minute of it,” stated Representative Golden.

Representing a House district with aging infrastructure, you are aware that every municipality has unique water infrastructure needs. Please discuss your thoughts relative to the importance of local asset management planning and financing for the maintenance of the infrastructure that transports clean drinking water.

As the son of a former superintendent of the Lowell water department, I think local planning and financing are incredibly important. Our water infrastructure here in the Commonwealth is suffering from significant underinvestment. In some ways it’s an awareness issue. People just aren’t thinking about water infrastructure until a crisis hits; when that water main breaks; when streets are flooded after a heavy rain. As a state, we are thinking about how we can assist our communities, and I’m glad the House has not only had these conversations, but has also taken action.

The Legislature passed, and Governor Patrick signed, water infrastructure legislation last session. Can you share your thoughts about the potential for Chapter 259 of the Acts of 2014 to address municipalities’ water infrastructure needs? UCANE recognizes that there is more work to be done to close the $21.4 OCTOBER, 2015

billion water infrastructure financing gap; what areas relating to infrastructure improvements, generally, and water infrastructure maintenance and financing, specifically, do you believe the Legislature should prioritize?

My colleague in the House, Representative Carolyn Dykema has taken the lead in bringing water infrastructure issues to the forefront of the legislature. The former Co-Chair of the Massachusetts Water Infrastructure Finance Commission, Representative Dykema was a key voice for water infrastructure when we passed landmark legislation last session. By increasing the Clean Water Trust’s contract assistance capacity by $50 million, the legislation sought to provide cities and towns with the tools they need to invest in their water infrastructure. The legislation not only builds on existing municipal partnerships, but also incentivizes best management practices. Some of the specifics include $3 million for planning or technical assistance grants, $1.5 million for clean water innovation as well as the creation of key commissions focused on the future of water infrastructure. To keep water infrastructure on the forefront, Representative Dykema has filed a number of bills this session to keep the conversation going. One bill in particular would authorize a continued on page 21

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Interview continued from page 19 $1 billion bond, over ten (10) years, to fund local financial assistance for water infrastructure. Patterned after highway funding offered under Chapter 90, the goal of the bill is to help communities be more efficient by working on water infrastructure at the same time that they are working on roads. Representative Dykema also has a “water banking” bill that would allow municipalities to collect fees that would help pay for water infrastructure improvements. These matters, in addition to other proposals, are currently before my colleagues on the Joint Committee on the Environment and the Joint Committee on Revenue. As a Commonwealth we need to continue to pay attention to water infrastructure.

The Commonwealth’s “Dig Safe” law, Chapter 82, §§40-40E, aims to prevent accidental “strikes” to underground utilities. Can you discuss the importance of the Dig-Safe law and the need for protecting the underground infrastructure and the individuals on the worksite?

Overall, I think that Dig-Safe is a largely successful program that allows projects relying upon excavation to be carried out safely and responsibly. Having worked for the former company Colo-

nial Gas Company on the Dig Safe side of the business, I believe it is an important program. The Joint Committee on Telecommunications, Utilities and Energy has a variety of Dig Safe proposals before it. I look forward to hearing more about these measures as the session progresses. The safe excavation of a worksite ensures the timely and affordable completion of projects with minimal disruption to utilities, but, most importantly, works to protect the lives of those completing the work.

As Chairman of the Joint Committee on Telecommunications, Utilities and Energy, could you share some of your priorities for the 2015-2016 session?

The House is looking at a comprehensive energy bill that would diversify our energy mix. There is not one simple answer, but instead a complex set of solutions for addressing our energy needs. We are working hard to further our progress towards a clean energy Commonwealth, which means strategically expanding renewables. There is always room in the conversation for new and innovative thoughts on offshore wind and the economic benefits of a domestic source of energy. Of particular interest to residents and businesses alike, Speaker Deleo and I are working with our colleagues to lower energy prices for ratepayers across the Commonwealth. n

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Construction & Public Contracts Group, Hinckley Allen, LLP

Jonathan T. Elder Partner

Robert T. Ferguson Associate

Massachusetts’ Highest Court Vacates Coghlin v. Gilbane: The Construction Manager At Risk Method Does Not Eliminate the Owner’s Implied Warranty of Plans and Specifications n September 2, 2015, the Massachusetts Supreme Judicial Court (“SJC”) issued O its long-awaited opinion in Coghlin v. Gilbane, a case that presented questions of first impression regarding the scope of design liability in the context of the construction manager at risk (“CMAR”) project delivery method. The case reached the SJC after the Superior Court concluded that certain traditional construction law principles did not apply to CMAR contracts. The SJC disagreed. 1

lthough the SJC acknowledged differences in the role of the CMAR under 149A projects and that of the general contractor under traditional design-bid-build projects, the Court concluded that those differences are not so great as to eliminate the owner’s implied warranty of the contract plans and specifications.Despite the CMAR’s increased involvement in the design process, it is the owner that “ultimately controls the design and is the final arbiter of it.” The SJC rejected the notion that the CMAR’s obligations related to design consultation made the CMAR “the guarantor against all design defects, even those that a reasonable CMAR would not have been able to detect.” The Legislature could not have intended such a result when it enacted Chapter 149A, the Court held. N evertheless, the SJC concluded that the implied warranty on CMAR projects is more limited than in the traditional design-bid-build context. Since the CMAR participates in the design process, the CMAR can benefit from the implied warranty only where: (1)

it has acted in good faith reliance on the design, and (2) it has acted reasonably in light of its own design responsibilities. This is a two-part test; there must be both good faith and reasonable reliance. It is also a sliding scale that will depend on the facts of a given case. As the CMAR’s participation in the design process increases, so does its burden to show a breach of the implied warranty. continued on page 25

Hinckley Allen filed an amicus brief on behalf of AGC of Massachusetts and previously published an article discussing Coghlin v. Gilbane, which is available here: http://www.hinckleyallen.com/publications/legal-update-thecoghlin-v-gilbane-appeal-and-its-impact-on-construction-managers-at-risk-under-chapter-149a/.

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Legal Corner continued from page 23

CMAR’s third-party claims against DCAMM. The indemnification provision must be interpreted in light of the implied warranty, something the Superior Court did not do. The CMAR is obligated to indemnify the owner from claims arising out of the CMAR’s performance of the “work,” which does not include supervising or overseeing the work of the owner’s designer. Since the indemnification obligation does not extend to claims arising out of the performance of the designer’s work, the CMAR is not required to indemnify the owner against claims caused by design defects in breach of the implied warranty.

Turning to the contract at issue in the case, the SJC held that the CMAR-related aspects of the contract do not by themselves eliminate the implied warranty; absent an express disclaimer, which was absent in the contract at hand, the implied warranty applies. In fact, the SJC concluded that the language of the contract actually supported its finding of an implied warranty, by making clear that DCAMM maintains authority and control over the project design. The Court also held that the indemnification provision of the parties’ CMAR contract did not bar the

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When the Superior Court issued its decision in this case last year, it created widespread fear among construction managers that signing on to CMAR contracts would forever mean taking on ultimate design liability for the project. Although the SJC’s decision should put most of those fears to rest, construction managers performing under CMAR contracts must keep in mind that they now bear a greater burden to show a breach of the owner’s implied warranty of plans and specifications. It is also imperative for CMARs to carefully examine the language of their contracts in light of this decision. Be on the lookout for language that attempts to disclaim the implied warranty, which could eliminate that warranty regardless of the SJC’s decision in Coghlin v. Gilbane.

All in all, the SJC’s decision marks an important victory for CMARs and (hopefully) restores a sense of order for construction managers in Massachusetts. It is the first big decision under Chapter 149A, but it likely will not be the last. n

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Governor Baker and Lt. Governor Polito Address UCANE Members and Guests at Fall Meeting

Governor Charlie Baker

aving been in office just a few months, and with all the critical issues that were revealed after a devastating winter, having both the Massachusetts Governor and the Lieutenant Governor as the keynote speakers at our September Dinner Meeting was a distinct honor. Their presence was also in keeping with this Administration’s promise to be more open with companies doing business in the Commonwealth. That they chose UCANE’s first meeting of the Fall season to address our members was a testament, and an expression of their support, for the essential work our members perform to help build our State’s underground clean water and drinking infrastructure and to keep our State’s economy growing. If the word “transparency” has been overused by others, it is being taken very seriously by Governor Baker and Lt. Governor Polito as they keep members of key industries informed about their economic plans 26

Lt. Governor Karyn Polito and funding priorities. They are clearly making good on their promise to assist entrepreneurs who want to create new companies, as well as to help established businesses expand, by listening to the business community’s concerns and directing State agencies to streamline regulations. With over 250 people attending, our members showed their support and esteem for the Governor and Lt. Governor as did a number of other special guests. Also in attendence were MassDEP Commissioner Martin Suuberg, MassDEP Director of Municipal Services Steve McCurdy, MWRA Executive Director Fred Laskey, MWRA Chief Operating Officer Mike Hornbrook, and BWSC Chief Engineer John Sullivan. UCANE President Tony Borrelli opened the meeting by thanking all the attendees and our featured speakers for joining us. He thanked the Governor and Lt. Governor continued on page 29

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Dinner Meeting continued from page 27 for their willingness to listen to our industry concerns and said he looked forward to continuing that discussion in the months and years to come. UCANE Executive Director Anne Klayman spoke next and introduced the Lt. Governor. Anne stressed how vital water infrastructure is to the future economic development of the Commonwealth, and acknowledged the Administration’s efforts to make Massachusetts state government operate in a more cooperative manner with the construction industry. Anne also made special mention of the need to expand SRF funding to help meet the State’s water and sewer project backlog and also to provide the MassDEP’s funding needs for additional personnel to manage the SRF program. Lt. Governor Polito first thanked UCANE for the invitation to attend the meeting, as it afforded her the opportunity to have dinner with her father and brother, Fran and Ken Polito, the former and current Presidents of UCANE member firm J. A. Polito & Sons, Inc. of Shrewsbury, MA. She went on to say that her early involvement in the family business provided her with an insight into UCANE’s issues, and she touched on a number of them in her remarks. She spoke at length about the need to address water infrastructure…the cooperation and ongoing dialogue taking place as the MassDEP’s new soil management policy is implemented…and the Administration’s initiative to reduce the regulatory burden on companies doing business in the Commonwealth. continued on page 31

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Dinner Meeting continued from page 29 She then introduced Governor Baker, who jokingly asked Anne if her mention of the DEP’s funding needs was prompted by the MassDEP Commissioner. Anne assured him that it was not the case. The Governor thanked UCANE members for the opportunity to discuss important issues faced by our Industry. He also made mention that the location of the meeting at the Venezia Restaurant, Dorchester, MA was a special place for him, as it was the site of the primary gubernatorial campaign victory party in September of 2014. He then went on to speak about how he recognizes that water and sewer infrastructure funding provides a significant economic return on investment in both job creation and our citizen’s standard of living. He talked specifically about the Boston Harbor cleanup, where while serving as Secretary of Administration and Finance, he saw the economic development benefits of the project. He spoke about the water and sewer needs on the Cape and how economically vital this region is to our State. He praised the State Revolving Loan Fund Program (SRF) and pledged to continue to work with our industry moving forward.

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The evening closed with tributes to longtime UCANE member/advocate/employee Phil Jasset. The Lt. Governor, Anne Klayman, and Fred Laskey all made presentations to Phil and thanked him for his tireless work on behalf of UCANE and our industry. Although Phil is “retiring,” it was noted that he will not be going far and will continue to be advocating for our industry. n

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In 1955, Everett J. Prescott gave his name to the first waterworks distributor north of Boston.

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OCTOBER, 2015

easier. These trailers also have spread tandems, so the wheelbase can be adjusted to best accommodate the load.

S.H.A.R.P. The S.H.A.R.P. ( safety and health achievement recognition program ) recognizes small business employers who operate an exemplary injury and illness program. Acceptance of your workplace into S.H.A.R.P. from OSHA is an achievement of status that singles you out among your 1955, theas first fax was school kids and received theThe firstVermont shots for business peers a model forsent, worksite safety health. polio vaccine, invented, Johnny Carson debuted, E.J. Prescott locations Scrabble have beenwas approved by the Vermont Department and the first sea-going oil rig was placed in service. So not many of Labor to receive such an award. All the credit for the high standard people noticed when, that August, Everett J. Prescott moved to of safety at these locations goes to all the Team members of Montpelier Gardiner, ME with his wife, Barbara, and gave his name to the and Burlington. Thank you, andof a job well done. first waterworks distributor north Boston.

Some colleagues said Everett J. Prescott, Inc. would not survive in the hinterlands of northern New England, but they didn’t count on Everett’s drive to innovate and succeed.

Everett J. Prescott was already an established expert and prolific inventor in the industry. Born in Spencer, MA, in 1914, Everett joined the business of his father, H. R. Prescott & Sons, in 1933 and spent the next five years traveling Northern New England selling hydrants, valves, mineral lead and other waterworks products. continued on page 36

OCTOBER, 2015

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E. J. Prescott continued from page 35

The Original “Team EJP” In 1938, Everett married Barbara Hagerstrom in Worcester, MA. He also started his own company in Auburn, MA, selling the revolutionary Flexible Sewer-Rod and serving sewer departments and instructing crews in large cities throughout New England. After a brief stint in concrete block production, Everett founded Municipal Services with John Hamilton, establishing the true direction of his career in water and sewer products distribution. Over the next few years, he invented numerous products and equipment for water and sewer utilities. The success of Team EJP today makes it clear that Everett’s vision was no pipe dream. The company he founded is one of the largest privately owned distributors of waterworks products in the U.S., serving a territory from its headquarters in Gardiner, ME all the way to Indiana. This is the story of the people, the products and the values that have made this all possible.

A History of Waterworks “Firsts” In the early 1950s, Everett left the company he had founded and hit the road as a sales and service man in northern New England. He quickly realized that there was untapped potential for large-scale waterworks distribution north of Massachusetts. So in 1955, Everett and Barbara moved their family (including 15-year-old Peter) to Gardiner, ME and he founded Everett J. Prescott, Inc.

Everett’s new company distributed waterworks and sewerage supplies, ranging from valves and hydrants to water main tapping and installation, sewer cleaning and underground boring. Year after year, the firm established notable industry and company “firsts”: • First gasoline-powered ditch pump, the Powermite (1952) • First provider of service work (1957) • First truck with a crane (1959) • First company unloading and stringing pipe (1959) • First to promise (and deliver) 24-Hour Emergency Service (1960) • First top-flange valve box (1962) • First waterworks retainer gland (1963) • First EZ Out plug covers (1964) • First factory-direct distribution of cast iron pipe (1965) • First time grossing over $1 million (1965) • First flared valve box base (1966) • First spun valve box (1968) • First branch offices: Concord, NH (1970) and Montpelier, VT (1976) Relentless innovation continues to drive the company’s success, as it has expanded many times in geography, sales volume and the range of products and services it offers.

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OCTOBER, 2015

Enlarging the “Team” of Companies

Four generations of Prescotts. (L-R) Everett, founder; his son, Peter, currently CEO; Peter’s son, Steven, the current President; and Steven’s son.

EJP Family Ties Another thread that ties the firm securely to its past is the Prescott family line. There have been only three company Presidents in these 60 years: Everett J. Prescott, founder; his son, Peter E. Prescott, currently CEO; and Peter’s son, Steven E. Prescott, the current President. Born in 1940, Peter E. Prescott joined his father’s company on December 19, 1959. In 1978, Everett sold the company he had founded to Peter and two sons-inlaw, Stanley G. McCurdy and James Grotton. While Everett founded yet another company, Quality Water Products (QWP) in South Barre, MA, the new owners quickly took the reins of Everett J. Prescott, Inc. Peter rebranded the firm as “Team EJP”—a reflection of his unselfish, team-oriented approach. Peter led the company through a period of unprecedented growth to its current position as one of the largest privately owned distributors of waterworks products in the U.S., from three offices in New England to 30 locations throughout the Northeast, Ohio and Indiana, with more than 300 employees. From his preferred position in the background, Stan McCurdy has been a vital Team EJP member for a remarkable 54 of the company’s first 60 years. Stan started in the trenches (literally) doing service taps with Everett, and has since filled every conceivable role the company has asked him to take on, from driving a pipe delivery truck, to leading the Montpelier, VT, division, to training new employees. He currently serves the company as COO.

OCTOBER, 2015

Under Peter Prescott, the firm also started or acquired several “teammate” companies to broaden the range of services the firm could offer, including: • Team QWP (Quality Water Products) founded in 1978 in South Barre, MA, one of only a few facilities in the entire country that can flange pipe all the way up to 60” in diameter. • Team P.E.P. Transportation, founded in 1980, which today carries goods of every kind coast to coast and in parts of Canada. • Team Red Hed Supply & Manufacturing which manufactures a complete line of brass products and space-saver flanges in Lincoln, RI, joined EJP in 2000. In 2004, the expanding company built its signature 58,000 square-foot headquarters building in Libby Hill Business Park in Gardiner, just minutes from the vital interstate highway link to its growing service area. Despite his prodigious efforts at the company, Peter Prescott has also found time to devote many hours leading efforts that benefit his community, state and country. One of the best examples is his leadership in rebuilding the Bank of Maine Ice Vault on the footprint of the Kennebec Ice Arena he co-founded in 1973, which collapsed in 2011 under a heavy snow burden. Peter Prescott has received numerous public service awards, including the 2012 Lifetime Achievement Award from the Kennebec Valley Chamber of Commerce, and the 6th Annual John Bridge Award from the Kennebec Valley YMCA in 2014. As he nears retirement age, Peter Prescott is regarded nationally as an icon, a visionary with a commitment to his industry second to none. continued on page 39

Team P.E.P. Transportation, founded in 1980, which today carries goods of every kind coast to coast and in parts of Canada.

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OCTOBER, 2015

E. J. Prescott continued from page 37

Going Beyond to Meet the Demands of the Future As huge conglomerates enter the waterworks industry, E.J. Prescott has continued to thrive as a family-owned business by staying close to the end user and helping its customers prepare for the challenges of the future in these key ways:

“Got Product?”

• The EJP Reference Manual is a comprehensive source of specifications and engineering information for the vast array of products the company distributes. Originally a printed piece, it was later offered on a CD and is now available online.

The EJP Reference Manual is a comprehensive source of specifications and engineering information for the vast array of products the company distributes.

The Technology Generation The transition of leadership to the next generation began long ago, when Peter’s son, Steven, began helping out at Team EJP as early as age 12. Steven worked summers during his college years at St. Lawrence, and went full-time in 1990. Over the past 25 years, he has gained hands-on experience in every facet of the business, from yard maintenance to driving and sales to management, culminating in his becoming President in 2003. Working closely with his father over the first decade, and with increasing autonomy since, Steven has led his company to a strong rebound from the Great Recession, despite many ongoing challenges, such as budget cuts among the municipalities that are EJP’s major customers. Steven has spearheaded the following initiatives: • Created and published the EJP Reference Manual, a comprehensive source of product and engineering information for EJP's product lines. • Opened three store locations in New York state and another three in New England. • Added a fourth sister company, Plastic Pipe Fabrication (PPF) in 2008. • Expanded the scope of the Team EJP Service Department. • Added erosion control product lines. Throughout his tenure, Steven Prescott has championed the company’s continuing dedication to innovation and exceptional service, especially through the use of cost-effective information technology.

OCTOBER, 2015

• To strengthen the partnership between its vendors and customers, Team EJP started Value Added ServicesTM (V.A.S.) in 1994. This innovative inventory management system is designed to save utilities investment dollars by maximizing EJP's distribution inventory and minimizing the utility's inventory.

Growing Expertise

• To address the aging workforce among water and wastewater utilities, Team EJP has created the only waterworks apprenticeship of its kind in the industry, known as the University of Prescott. • In recognition of the increasing complexity of advanced waterworks systems today, Team EJP started its unique KNOW H2OW engineering seminars in 2007. Attendees continued on page 41

Team EJP has created the only waterworks apprenticeship of its kind in the industry, known as the University of Prescott.

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E. J. Prescott continued from page 39 range from engineers to government officials, from contractors to water operators, and from developers to wastewater operators. KNOW H2OW provides a valuable link between industry professionals and some of the top technology providers in the world.

Service… And “Beyond”

• In response to extremely cold recent winters, Team EJP developed an inventory program to help utilities with repairs in order to prevent interruptions of service to their water and wastewater customers. • In 2014, Team EJP introduced a revolutionary new approach to specifying waterworks, Beyond SPECS. This program gives municipalities and other major customers, for the first time, a set of guidelines for vendor partners that go beyond simple measurements and quantities of pipe, valves and hydrants. The Beyond SPECS criteria include such qualities as safety training, 24/7/365 service, expertise in water management/conservation, technical training and more.

Back to the Future

• In 2014, Team EJP partnered with one of the world’s leading manufacturers to open the first ductile iron pipe stockyard in New England, from which the company serves customers throughout its territory.

Making A Splash…

• In 2014, chartered buses brought Team EJP customers from all over New York and New England to the national American Waterworks Association meeting in Boston. Team EJP distinguished themselves on a national stage, in their backyard, by winning first prize for an exciting interactive booth – selected over larger competitors from across the U.S.

…For the Next 60 Years!

Despite all the advances in technology, Team EJP’s ability to expertly deliver water, wastewater, stormwater and gas products remains essential to providing America’s cities and towns with clean water. The company owners, Peter E. Prescott, Steven E. Prescott and Stanley G. McCurdy, pledge, “We’re committed to maintaining our leadership position in product quality, expertise and service. Above all, we’ll continue to embrace the values that have helped us grow over the past 60 years, as summed up by our long-term mantra: Whatever you need, whenever you need it, no matter what!”

UCANE is proud to count E. J. Prescott, Inc. as a longtime member of our Association. Our officers, board, and staff would like to congratulate the Prescott family on celebrating 60 years in business and wish them continued growth and success in the future. n

OCTOBER, 2015

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MWRA Board Supports Water for SouthField The MWRA Board of Directors recently voted to give preliminary approval to a water tie-in for the SouthField development.

ater for the SouthField development struction project in town. won’t come cheap. The Massachusetts LStar Managing Partner Kyle Corkum did not Water Resources Authority board of direturn a call for comment on this story. rectors gave preliminary approval on WednesIn an interview last month, he said he didn’t day, September 16 to a plan to allow the develhave an estimate for the cost of the pipeline. opment to connect to its system. The question of where to get water for South“They know they can go through the process Field's homes and commercial building has been and not get a no at the end,” said Ria Convery, one of the issues holding up the redevelopment an MWRA spokeswoman. of the former South Weymouth Naval Air Station. In between, there are several other steps the Corkum told the Weymouth Town Council tie-in must go through, including a state environlast month of the plans to obtain water from mental review, approval of an inter-basin water the MWRA for the development. They are also transfer, approval by the state Legislature and govproposing changes which would include more ernor, and the MWRA Advisory Board, she said. housing, with an additional 1,000 units for perConvery said this process “could take a year sons age 55 and older; an additional 1 million or more.” square feet of commercial space along with a 10,000 seat stadium and a hockey arena with SouthField developer LStar Management three ice sheets. would also also have to pay an entrance fee of about $19 million, which is based on the develReprinted with permission from the Patriot opment’s projected water consumption of 4 milLedger. Written by Fred Hanson. n lion gallons per day, for its share of the cost of MWRA facilities, Convery said. It would also have to pay MBO Precast Inc. the cost of a seven-mile pipe4 Marion Drive • Carver, MA 02330 line which would bring the water T: 508-866-6900 • F: 508-866-5252 from the nearest MWRA conwww.MBOPrecast.com nection to SouthField. A conceptual plan by the Stone Strong Retaining Wall Systems MWRA staff shows a 30-inch pipeline starting at the storage Manholes / Catch Basins / Custom Structures facility in the Blue Hills ReservaSeptic Tanks / Leaching Products tion and going through Braintree and Weymouth to Southfield. The plan also shows a pumping station in the center of Braintree. Braintree Mayor Joseph Sullivan said that “no one from the MWRA has contacted me” about a possible pipeline con-

OCTOBER, 2015

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EPA Approves Cape's Updated Water Quality Plan The U.S. Environmental Protection Agency has approved Cape Cod's updated regional water-quality management plan, ending a two-year, $3 million process to rewrite the 35-year-old document.

he so-called 208 plan, named for the portion of the federal Clean Water Act that requires periodic updates to regional wastewater plans, was approved by Governor Charlie Baker in June. The EPA was under a tight deadline to review the 250-page document; it faced a September 15 deadline under the terms of a settlement agreement from lawsuits against the agency claiming that it failed to review, update and enforce the plan. The federal agency met its deadline to the day. The Conservation Law Foundation, which filed the suit sparking the 208 plan's update, confirmed the federal approval in a statement September 16. The EPA's approval triggers the end of the foundation's suit, said Christopher Kilian, a senior attorney and clean water program director for the Bostonbased nonprofit organization. But it does not mean the end of the organization's involvement in local water quality issues. “All eyes are now focused on the follow-through and the implementation,” he said. “We, of course, are watching that closely. From our perspective, the jury is still out.” The Cape relies heavily on outdated septic systems, which do not stop the flow of nitrogen and phosphorous into bays and ponds. The excess nutrients promote the growth of algae, which reduces the oxygen levels in the water and, in turn, kills marine life and makes the water unappealing and unsuitable for swimming and fishing. Towns faced losing access to the state's zero and low-interest water quality loan program without

OCTOBER, 2015

U.S. Environmental Protection Agency regional administrator Curt Spalding spoke last year with local officials about the solar and wind installation at Barnstable's wastewater treatment plant. The EPA has approved the update of a regional water quality plan for the Cape. Steve Heaslip/Cape Cod Time file

an updated plan. Armed with the new 208 plan as a guide, all 15 towns will have one year to come up with watershed plans to deal with nutrient contamination, including identifying specific management agencies responsible for implementing the plan, addressing pollution control, funding and a permitting framework. Andrew Gottlieb, the executive director of the Cape Cod Water Protection Collaborative and a Mashpee selectman, said the towns are at varying stages in the process. Five communities, including Mashpee, have received approval for at least some part of their plans; others are not as far along in the process. continued on page 46

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Cape Cod continued from page 45 “With technical assistance from the county and Cape Cod Commission, every town will be in a position to roll up their sleeves and get the work done,” Gottlieb said. The plan promotes the use of less-expensive alternative wastewater technologies and provides financial incentives that can cut the overall cost by 25 percent or more over traditional, centralized sewer systems, although in some areas sewers will still be the preferred approach. State and federal regulations also favored sewer systems, which have a longer, more proven track re-

“EPA is very proud of the extensive effort by Cape Cod communities, the Cape Cod Commission and the Commonwealth of Massachusetts to address head-on the issue of excessive nitrogen entering Cape waters,” Curt Spalding, the New England regional administrator for EPA, said in a statement.

cord. But the Cape Cod Commission evaluated more than 40 alternative technologies in developing the water quality plan and the state signed off on their use, with periodic checks on how effective they are at reducing the contaminants in groundwater and stormwater runoff. Aon Risk Solutions Construction Services Group The approach, outlined in the plan's executive summary, is to consider the traditional centralized sewer system last, advocating lower-cost alternative technologies to solve the problem in a watershed first. The EPA recently provided more details on the plan’s impleAs the leading provider of risk solutions to the construction industry, Aon mentation at a Mashpee town Construction Services Group partners with clients to provide insighful landing. analysis, strategic direction and creative solutions backed by our dedicated “EPA is very proud of the exteam of construction experts and the strength of Aon’s global network. tensive effort by Cape Cod communities, the Cape Cod CommisLet Aon Construction Services Group empower your growth, profit and continuity. sion and the Commonwealth of aon.com/construction Massachusetts to address head-on the issue of excessive nitrogen enKevin White, CEO Brian Driscoll, Managing Director Paul Healy, National Contract Surety 617.457.7717 617.457.7668 617.457.7719 tering Cape waters,” Curt Spalding, Kevin.White@aon.com brian.driscoll@aon.com paul.healy@aon.com the New England regional administrator for EPA, said in a statement. Mark Herendeen, Surety Michael Scott, Insurance Mark Toglia, Wrap-Up 617.457.7715 617.457.7699 617.457.7727 “Cape Cod is a national treasure, mark.herendeen@aon.com mark.toglia@aon.com and EPA is committed to ensuring that it remains a cherished place for generations to come.” Spalding is scheduled to be joined by local and state officials, including Martin Suuberg, commissioner of the Massachusetts Department of Environmental Protection. The state agency "looks forward to celebrating this achievement...in Mashpee and then getting down to work with our partners on implementing the plan and improving the water quality for all,” Suuberg said in a statement. Reprinted with permission Risk. Reinsurance. Human Resources. from Cape Cod Times. Written by Sean F. Driscoll. n

Managing Risk Takes More Than Machinery

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OCTOBER, 2015

Article provided by Eastern Insurance Group, LLC’s “Client Resource Center” powered by Zywave.

John Berksza

Eastern Insurance Group, LLC

Workplace Accidents Can Be Costly We all know that safety is essential in construction, but do you realize just how costly a job site injury can be? According to the National Safety Council, the average cost per worker of workplace injuries is $1,300. It may not seem like much money, but the extra expense to pay for injuries has a powerfully negative effect to a company’s bottom line. Why is profitability also an important issue to you? The only way a company can stay in business is to operate at a profit, and that ability can be threatened by a serious workplace injury.

The Real Cost of Workplace Injuries It may be surprising to hear that most companies do not have a high profit margin—3 percent is about average. Expenses take a large chunk of the income, and competition limits how much we can charge for the services we provide. Each time an accident occurs, the cost of the injury must be subtracted from profits. Consider the following two examples: • At a 5 percent profit margin, an extra $20,000 in income is needed to compensate for a $1,000 injury. • If the profit margin is nearer to 1 percent, an additional $100,000 worth of new income is necessary to maintain that profit level for the same injury. As you can see, that adds up to a lot of extra contracts just to compensate for a single injury. Plus, every time a worker gets hurt on the job, other employees are affected too. You may need to work extra hours to make up for the injured worker, the cost of insurance can go up, or the company may be forced to make difficult budget decisions such as cutting hours or having temporary layoffs.

OCTOBER, 2015

Also, recovering from an injury can mean time away from work, reduced compensation, painful rehabilitation and frustrating adjustments to daily life.

Practice Prevention Though operating at a profit is essential to your company’s success, one top priority is to keep your employees safe and healthy. Good safety principles on the job site, including wearing personal protective gear, following all safety procedures, and noticing unsafe situations are important. Safe work behavior will contribute directly to your bottom line as well as to everyone’s job security. By observing safety precautions, you can limit on-thejob accidents.

It is always wiser to spend a bit more time doing the job safely than to risk getting a serious injury. Be sure to always follow safety guidelines and stay alert for unsafe conditions. Think of practicing good safety as both painfree and profitable—a win-win situation for everyone! n

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OCTOBER, 2015

Brian MacFee, Systems Support Corporation

Spooked A bout Your Network’s Secur ity? You should be, unless somebody’s keeping a vigilant eye on it for you… ot too long ago, in a place not so far away... when ancient hordes attacked your city, a single breach in the wall could mean certain death – or at least the end of life as you know it. Yet times change…or do they? Attacks by today’s cybercriminals on your network, while perhaps not physically life-threatening, can inflict severe damage to the life and health of your business.

FACT: The odds of a successful cyber-attack against your business today are one in five. And, at a typical cost of $300,000 or more, a full 60% of smaller businesses that suffer a breach shut their doors for good within six months, according to the National Cyber Security Alliance. So, who’s “guarding the gate” at your company’s network? The problem with keeping your network safe today is that these attacks don’t just happen randomly – they are constant and unrelenting. Evermore sophisticated “robot” software is making it easier than ever for attackers to stalk the Internet, probing for vulnerabilities 24/7.

OCTOBER, 2015

Here are just a few of the ways these vigilantes can penetrate your network’s defenses: An SQL Injection can destroy your database, steal email addresses, usernames and passwords, gain access to sensitive client management and billing data, deface your website and defraud your business. It’s also now the most frequent mode of attack.

Open Ports. An open port is basically a channel for Internet data to connect with devices on your network. A firewall normally filters data, but hacker “webbots” constantly probe for vulnerabilities. When they find an open port, and if they have installed malicious code inside your system, they are then able to control your devices. In a DDoS Attack, a network of computers attacks a single server with a surge of traffic, forcing it to crash. They most often target political organizations continued on page 51

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OCTOBER, 2015 NOVEMBER, 2009

Technology in Const. continued from page 49 and banks; however, small businesses are also at risk. To avoid getting shut down, you need a defense plan in place and around-the-clock monitoring.

Malware and Viruses. Unfortunately, anti-malware and antivirus software programs in reality often fall short of claims, leaving many SMB networks highly vulnerable. The problem is twofold: First, they only detect a breach after the malware or virus has infected your system. Second, detection solutions often lag behind the latest threats by days or even weeks, leaving a big window for them to inflict heavy damage. Targeted Emails. Cybercriminals seem to get better each day at creating enticing emails that innocent readers will click on without a moment’s thought. If that reader happens to be on your network, you now have yet another hidden attacker to deal with. “Drive-By Downloads” are a client-side intrusion where a person in your network innocently picks up a nasty bug. Credit Card Theft. How would you feel if one of your customers’ credit cards got hacked due to a flaw in your security? Now imagine how you would feel if that incident turned into a lawsuit. That is exactly

what can happen if your Data Loss Prevention (DLP) system isn’t up to snuff. As you’ve no doubt seen in the news, credit card data theft is now an epidemic. To keep customer data safe and maintain PCI compliance, it’s absolutely crucial to make sure your DLP is on duty 100% of the time. As cybercriminals (and foreign government agents) hone their evil craft, we must now be on guard, as our businesses grow ever more web-dependent. How do you find the time to keep up with it all, much less make sure your network is safe?

The best fix is to hire an expert. There are a number of reputable IT Support Companies around that will do an assessment of your business technology and point out the vulnerabilities and best practices to minimize your exposure to these threats. The good news is that these solutions don’t have to be very expensive, a lot of it can be done with secure habits and vigilance combined with the right tools applied at the right places. The single most important thing is to take action and get the experts to review it with you. n Dave Pateuk / Owner Email: dave@northeastshoring.com Website: www.northeastshoring.com

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OCTOBER, 2015

John E. Merchant, CPA IN THIS ISSUE:

Cullen, Murphy & Co., P.C.

• Cons and Pros of Roth IRAs • Where to Find Investment Income • Social Media for Business Owners

Smart Tax, Business & Planning Ideas f

Cons and Pros of Roth IRAs

nnual contributions to IRAs, including Roth IRAs, are now capped at $5,500 ($6,500 if you’re 50 or older). Roth IRA contributions aren’t tax deductible, they’re available only to workers and their spouses, and they’re off-limits to high-income taxpayers. Nevertheless, there is a way to get large amounts into a Roth IRA, regardless of your income or your work status. You can convert a tax deferred account such as a traditional IRA or a 401(k) to a Roth IRA. Such a conversion, though, probably will trigger income tax much earlier than necessary. Example 1: Jill Kent, age 60, has $400,000 in her traditional IRA, all of which came from deductible contributions. A complete Roth IRA conversion would add $400,000 to her income for the year. That would put her in the top 39.6% tax bracket and expose her to other tax obligations, such as the 3.8% Medicare surtax. Counting state income tax, Jill might owe close to $200,000 in tax on this conversion, for 2015. If she didn’t convert her traditional IRA, Jill could avoid taking any taxable distributions for more than 10 years; going forward, she would be required to withdraw relatively modest amounts each year.

Roth Rewards The biggest drawback of a Roth IRA conversion is the upfront tax obligation. In addition, Roth IRAs are subject to recordkeeping requirements and federal rules, which can change. Despite these drawbacks, Roth IRAs are increasingly popular. The big attraction is the lure of tax-free

OCTOBER, 2015

to other tax obliga Medicare surtax. C tax, Jill might owe on this conversion convert her traditi avoid taking any t more than 10 year would be required modest amounts e

Roth rewards

cash flow. Once your Roth IRA has been in placeThe for biggest draw 1⁄2 Annual to IRAs, conversion is the all distributions five years andcontributions you reach age 59 ,including Roth IRAs, are now capped at $5,500 In addition, Roth are tax-free. ($6,500 if you’re 50 or older). Roth recordkeeping req Qualified Roth IRA distributions will be untaxed, IRA contributions aren’t tax deductible, rules, which can c no matter how much income you report or how high they’re available onlyfuture. to workers andhaving their someDespite these d tax rates might be in the Thus, moneyspouses, in a Roth offers a hedge against rising andIRA they’re off-limits to highIRAs are increasi incomeincome tax rates, which many observers predict. attraction is the lu taxpayers.

Nevertheless, there is a way to Once your Roth I Staying Power get large amounts into a Roth IRA, for five years and Another advantage of RothorIRAs that owners regardless of your income your iswork distributions are have no required distributions status. You canminimum convert a tax deferred (RMDs).Qualified Roth With traditional IRAs, andIRA so on, you generaccount such as 401(k)s, a traditional be untaxed, no m ally must take out certain amounts each year after or a 401(k) to a Roth IRA. Such a you report or how age 701⁄2, or face a 50% penalty on any shortfall. conversion, though, probably will trigger in the future. Thu Example 2: With $400,000 traditional IRAin at income tax muchaearlier than necessary. a Roth IRA off age 60, Jill Kent could have a much larger account by Example 1: Jill Kent, age 60, has rising income tax age 701⁄2. She might have to take taxable withdraw$400,000 in her traditional IRA, observers predict als of at least $15,000, $20,000, or more each year, all of which came from deductible regardless of whether she needs all the money. Staying powe contributions. A complete Roth IRA If she converts her entire traditional IRA to a Roth Another advantag conversion would add $400,000 to her IRA before that age, Jill will have no RMDs. She eventhat owners have income for theas year. Thatorwould putasher in wants, tually can withdraw much as little she distributions (RM the top 39.6% tax bracket and expose her tax-free, and leave the balance to her beneficiaries. continued on page 55

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Financial Management continued from page 53 Those beneficiaries—who might be in their own high tax brackets when they inherit the account—can take untaxed distributions, although they will be on an RMD schedule. By converting her traditional IRA to a Roth IRA in 2015, Jill will be reducing or eliminating her RMD obligation while creating a long-term, tax-free investment account.

Perfect Hindsight Two other features of Roth IRAs make them especially attractive. One, partial conversions are allowed. Jill might convert, say, $40,000 of her Roth IRA in 2015. If she does this every year, Jill could move most or all of her traditional IRA to a tax-free, RMD-free Roth IRA in 10 years. The second appealing feature of a Roth IRA conversion is the ability to recharacterize (reverse) the conversion back to a traditional IRA by October 15 of the following year. This can be done in full or in part, so you effectively have the ability to specify the amount of tax you’ll have to pay. Example 3: Jill converts her entire $400,000 IRA to a Roth IRA in 2015. In 2016, when Jill prepares her 2015 tax return, her CPA calculates her tax bill at vari-

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ous conversion amounts. Jill discovers that the total tax rate on an $80,000 (20% of $400,000) Roth IRA conversion would be 35% in this hypothetical scenario. She decides to make the conversion, resulting in a tax bill of $28,000. She recharacterizes the other 80% of her Roth IRA back to a traditional IRA, planning to repeat the process at the end of 2016. continued on page 57

Trusted Advice Roth IRA Contributions • The amount you can contribute to a Roth IRA each year is determined by your modified adjusted gross income (MAGI). • For this purpose, the MAGI calculation starts with your AGI, found at the bottom of page 1 of your tax return. Subtract any income you report as a result of a Roth IRA conversion or a rollover from a qualified retirement plan to a Roth IRA. • To get MAGI, start with AGI and then add any deductions or exclusions you report for a regular contribution to a traditional IRA, student loan interest, qualified tuition and related expenses, foreign earned income, foreign housing, interest income from series EE bonds, employer-paid adoption expenses and domestic production activities. • In 2015, you can contribute the maximum $5,500 ($6,500 at age 50 or older) if your MAGI is under $116,000 as a single taxpayer, or under $183,000 on a joint tax return. • You can make a partial contribution with MAGI between $116,000 and $131,000 (single) or between $183,000 and $193,000 (joint). With MAGI beyond those amounts, no contributions can be made.

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Financial Management continued from page 55

Where to Find Investment Income

ields on bank accounts and money market funds continue to be negligible. That’s discouraging for people who anticipate cash flow from their savings. In some cases, such income is vital for paying ongoing expenses. Even if that’s not the case, the unearned cash flow would be a nice way to pad your portfolio. Of course, be sure to understand any investment carefully before you commit.

construct a bond ladder—individual bonds with staggered maturities. Example: Heath Jensen buys $50,000 of municipal bonds maturing in 2016, $50,000 of munis maturing in 2017, and so on, out to 2022. As the bonds mature each year, Heath will use the redemption proceeds to buy $50,000 of bonds one year further out, adding a rung to his ladder as a replacement. Ultimately, Heath will wind up with bonds bought at a 7-year maturity, often a good combination of yield and reasonable waiting time till maturity. If yields should rise, as many people expect, Heath will be reinvesting the proceeds at those higher yields. Dividend paying stocks. For the most part, For Taxable Accounts people pay only 15% in tax on stock dividends. Those Generally, you should consider holding investwith modest incomes (taxable income up to $74,900 ments with tax advantages in a regular account. this year on a joint return, for example) owe 0% tax. Some possibilities: The good news is that stock dividends can grow over time, if the company’s business is successful. Municipal bonds. The interest is exempt from federal income tax, and local issues may be totally Of course, stock prices can fall sharply. If that tax free. Some municipal bond funds have low exhappens, a 2% or 3% dividend won’t be much of penses and strong track records. However, if you a consolation. Still, steady investing in companies prefer more control over your holdings, you might that are profitable enough to pay dividends has been a successful strategy, over the long term. Equity REITs. Some real estate investment trusts (REITs) Water Works Specialist buy mortgages, whereas John Hoadley and Sons Inc. others Water Works Specialist Tel:781-878-8098 Fax:781-878-5298 own investment properties. Either Water Works Specialist Tel:781-878-8098 way, REITsFax:781-878-5298 must distribute most of Tel: 781-878-8098 Fax: 781-878-5298 their profits in order to avoid corpo“Our Products the Most Trusted NamesNames in theinIndustry” “OurIndustry” Products Are the Most Trusted Namestax. in theThus, Industry” rate income some RE“OurAre Products Are the Most Trusted the � U.S. Pipe ● Cultec Chambers � U.S. Pipe ● Cultec Chambers ITs pay relatively high distributions � Mueller Fire Hydrants ● National Pipe & Plastics • U.S. Pipe • Cultec Chambers Mueller Tapping Sleeves & Valves ● ADS Pipe & Chambers to their investors. � Mueller Fire Pipe & Plastics • Hydrants Mueller Fire Hydrants ● National • National Pipe�� &Smith Plastics Blair Clamps & Couplings ● General Foundry Castings � Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers What’s more, some distribu• Mueller Tapping Sleeves & • &ADS Pipe & Chambers Mechanical Services � Tapping Sleeves tions & Gates Installed from/ Cut REITs that own proper• Clamps Smith & Blair Clamps & Couplings • General Foundry Castings � Smith Blair Couplings ● General Foundry Castings � Line Stop / EZ Valves ties (known as equity REITs) are Mechanical Services � Cutting of Chilled Water Lines & Steam Lines Mechanical Services � Pressure Testinguntaxed & Disinfection ofreturns New Mains of capital. You � Tapping Sleeves & Gates Installed / Cut � Installation & Testing of Backflow Preventers might get 6% from 24 anHoursequity REIT • Tapping Sleeves & Gates Installed / Cut Sales& Service � Large Diameter Hydraulic Pipe Cutting � Line Stop / EZ Valves of this hybut owe tax only onServing 4%.all In • Line Stop / EZ Valves � Hydrant Installation & Repair New England � Cutting ChilledWater WaterLines Lines&&Steam SteamLines Lines scenario, the 2% that � Electronic Leak pothetical Detection • Cutting of of Chilled “Water-Sewer-Drain Supplies at a Competitive avoids current Price” tax is subtracted • Pressure Testing &&Disinfection � Pressure Testing DisinfectionofofNew NewMains Mains www.hoadleyandsons.com from your basis in the REIT. A lower • Installation & Testing of Backflow Preventers � Installation & Testing of Backflow Preventers 24 24Hours Hours672 Union Street Rockland, MA 02370 basis, in turn, can increase tax on • Large Diameter Hydraulic Pipe Cutting Sales& Service Sales & Service � Large Diameter Hydraulic Pipe Cutting a future sale. Even so, tax deferral • Hydrant Installation & Repair Serving ofof Servingallall � Hydrant Leak Installation & Repair New and a possible shift to a lower tax • Electronic Detection NewEngland England � Electronic Leak Detection rate on a future sale can amplify the benefits of holding equity RE“Water-Sewer-Drain Supplies at Supplies a Competitive Price” Price” “Water-Sewer-Drain at a Competitive ITs. (Again, REIT prices can drop, www.hoadleyandsons.com www.hoadleyandsons.com so there is risk to investors.)

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continued on page 59

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Financial Management continued from page 57 For Tax-Deferred Accounts In your IRA, 401(k), or other tax-deferred retirement accounts, consider income producing assets that have no protection from current taxation. You can defer the tax on the investment income, perhaps until you’re retired, in a low tax bracket. Some possibilities: Ginnie Mae funds. These funds hold mortgages that are supported by the Government National Mortgage Association (GNMA). The interest paid by homeowners is passed through to investors in the fund. Unlike other mortgage-backed securities, Ginnie Mae interest and principal repayment is guaranteed by the federal government. Yields on Ginnie Mae funds are usually a bit higher than Treasury bond yields. Among other reasons, Ginnie Mae payouts are not exempt from state and local income tax, which is the case with Treasury bond interest. You can buy individual Ginnie Mae securities, but they can be complex because homeowners are repaying principal along with their monthly interest, so investing through a fund can offer simplicity. High-yield bond funds. If you’re looking for yields, why not put some money into a fund with a name that promises steep payouts? Typically, these

funds hold corporate bonds that are low-rated or unrated, often known as junk bonds. Because their credit quality is suspect, issuers must promise substantial yields to bond buyers. It’s unlikely you would want to hold nothing but junk bonds in your retirement fund. Still, a partial allocation might deliver some significant income, if you can stand the volatility of this asset class. A financial adviser may be able to help you find a high-yield fund with relatively low yields and a solid performance history. Floating-rate funds. These funds acquire loans made by banks and other lenders, often to companies with relatively low credit ratings. Not only do investors receive attractive yields, they also may get some protection against rising interest rates. That’s because the loans held by floating-rate funds typically have interest rates that reset periodically. Rising interest rates devalue most bonds and bond funds; with floating-rate funds, rising rates translate into higher yields for investors. Floating-rate funds can be volatile—they lost heavily in the financial crisis of 2008. As is the case whenever you depart from familiar investments in search of higher yields, you should be sure you fully understand what you’re buying and what risks you might be facing. continued on page 61

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Financial Management continued from page 59

Social Media for Business Owners

omments

he Concentrate explosion of social has yourmedia output changed marketing many r you post An effective socialplans medialfor strategy companies, large and small. Indeed, s on social you already shouldmay be proactive as well as reactive. be using Facebook, aware of what That is, you original LinkedIn, Twitter andshould so onbe to posting boost your If you’re or notnotifying up and running ut you and business. your comments followerson of social media, though, there’s no need to provide ways interesting online items relating to panic. Some basic steps can get you off erations and your industry. However, you probably to a good start.

his step can be should not try to cover too much Recognize Your Resources ctic of hiring ground, adding entries on half a In all likelihood, some of your employees are Comments reviously. comfortabledozen social media platforms. GoMonitor beyondOnline posts about your using social media. Bring them in for Regardless of whether you post company Morgan manages start withyour oneplans. platform conversationsInstead, when developing If it’s company to talk you about national or ofrelated items on social media, should be aware what of your workers take charge of or city. Shepractical, ask that’one s relevant to yourtocustomers, global developments of interest to others are saying about you and your firm. Respondthis area—with appropriate compensation. Similarly, can provide waysoffer to strengthen operations high schoolyour children, prospects, and other(even business contacts.ing your industry; links toyour articles nieces, or nephews your grandand your image. Indeed, this step can be combined able to help develop “experts” a social on travel children) might Yourbein-house andyou in-family you’ d likeofto share withmentioned followers. with the tactic hiring relatives, previously. media strategy. Employing a child can be especially els. Whenever mayif you be able to point youto in the right Include as well,manages to attract Example:visuals Linda Morgan a chain hotel tax effective, can shift income a lower tax bracket. Earned income is notyou subject the channel, potenin amore major interest. city. She hires her sonup Nate, a high school of the hotel, direction. Once picktoone Building your continued on page 63 “kiddie tax” limits. t to his tially painfulfocus your efforts on getting to know company’s reputation as a thoughtful, Then Linda and how it works best for your company. responsive resource can be as valuable ne response Eventually, you can broaden your as informing the world about your website. If online presence to other platforms. products or services. dress an online Perhaps most important, be sure Soften the sales pitch make sure such to check over any company-originated You certainly can use social media to e the response before itline is posted on social Ferguson content offers a complete of products to cover all your water, sewer and storm water management promote your company’s reputation, media by anyone. Give your own needs, and our relationships with the waterworks announce new products, and highlight relative or messages a second reading, too.peace Once industry’s top vendors give our customers key personnel. However, an effective of mind through unmatched service,that ng and able to your company sendscustomer out anything on-time delivery, and industry leading fi ll rates. social media plan will include s about your can be construed (or misconstrued) as educational and entertaining a monitoring offensive, the damage might be difficult elements as well. to undo. g

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Financial Management continued from page 61 senior, to keep an eye on travel websites that rate hotels. Whenever Nate spots a mention of the hotel, pro or con, he brings it to his mother’s attention. Then Linda and Nate work up an online response to be posted on that website. If action is needed to address an online complaint, Linda can make sure such action is taken and use the response to report it. If you don’t have a relative or employee who is willing and able to track online comments about your company, social media monitoring services are available.

Concentrate Your Output An effective social medial strategy should be proactive as well as reactive. That is, you should be posting original comments or notifying followers of interesting online items relating to your industry. However, you probably should not try to cover too much ground, adding entries on half a dozen social media platforms. Instead, start with one platform that’s relevant to your customers, prospects, and other business contacts. Your in-house and in-family “experts” may be able to point you in the right direction. Once you pick one channel, focus your efforts on getting to

know how it works best for your company. Eventually, you can broaden your online presence to other platforms.

Soften the Sales Pitch You certainly can use social media to promote your company’s reputation, announce new products, and highlight key personnel. However, an effective social media plan will include educational and entertaining elements as well. Go beyond posts about your company to talk about national or global developments of interest to your industry; offer links to articles you’d like to share with followers. Include visuals as well, to attract more interest. Building up your company’s reputation as a thoughtful, responsive resource can be as valuable as informing the world about your products or services. Perhaps most important, be sure to check over any company-originated content before it is posted on social media by anyone. Give your own messages a second reading, too. Once your company sends out anything that can be construed (or misconstrued) as offensive, the damage might be difficult to undo. Reprinted from CPA Client Bulletin. n

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Advertisers’ Index ATS Equipment, Inc. ...................................................... 6 Adler Tank Rentals........................................................ 60 American Shoring, Inc.................................Ins. Back Cvr. Aon Construction Services Group................................ 46 Boro Sand & Stone Corp.............................................. 50 Dennis K. Burke, Inc..................................................... 52 C&S Insurance Agency, Inc............................................ 4 Concrete Systems, Inc.................................................. 44 Dagle Electrical Construction, Corp................................ 8 Darmody, Merlino & Co., LLP........................................ 54 Dedham Recycled Gravel............................................. 58 DeSanctis Insurance Agency, Inc. ............................... 21 Dig Safe System, Inc..................................................... 13 The Driscoll Agency ..................................................... 50 EJ.................................................................................. 42 Eastern Insurance Group, LLC..................................... 14 Eastern States Insurance Agency, Inc.......................... 52 Eastpoint Lasers, LLC....................................................11 T. L. Edwards, Inc.......................................................... 54 Ferguson Waterworks................................................... 61 Foley Carrier Services, LLC.......................................... 58 GEOD Consulting, Inc................................................... 62 L. Guerini Group, Inc..................................................... 17 HD Supply Const. & Industrial White Cap.................... 20 HD Supply Waterworks................................................... 2 A. H. Harris Construction Supplies............................... 56 Hinckley Allen, LLP....................................................... 30 John Hoadley & Sons, Inc............................................. 57 JESCO.......................................................................... 15 P. A. Landers, Inc............................................................ 7 Lawrence-Lynch Corp................................................... 63 Lorusso Corp................................................................. 60 Lorusso Heavy Equipment, LLC................................... 18 MBO Precast, Inc.......................................................... 43 Mabey, Inc..................................................................... 62 Mass Broken Stone Company...................................... 55 Milton CAT..................................................................... 32 Norfolk Power Equipment, Inc...................................... 62 North East Shoring Equipment, LLC............................. 51 Northland JCB............................................................... 55 NorthStar Insurance Services, Inc................................ 10 Ocean State Oil............................................................. 56 Our Outhouses, Inc....................................................... 25 Palmer Paving Corporation............................................. 5 E. H. Perkins Construction Co., Inc.............................. 64 Podgurski Corp............................................................. 56 E. J. Prescott, Inc....................................... Ins. Front Cvr. Rain For Rent-New England......................................... 38 Read Custom Soils ...................................................... 50 Rogers & Gray Insurance Agency, Inc.......................... 40 Salem Dental Arts, PLLC.............................................. 24 Schmidt Equipment, Inc.....................................Back Cvr. Scituate Concrete Products Corp................................. 16 Shea Concrete Products............................................... 28 Smith Print..................................................................... 58 Starkweather & Shepley Ins. Brokerage, Inc................ 54 Ti-SALES, Inc. ................................................................ 9 Albert J. Tonry & Co., Inc.............................................. 17 United Concrete Products, Inc. .................................... 59 United Rentals Trench Safety....................................... 12 The Vellano Companies, Inc..........................................11 C. N. Wood Co., Inc. .................................................... 48 Woodco Machinery, Inc................................................ 22

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OCTOBER, 2015

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