Construction Outlook November 2012

NOVEMBER, 2012

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

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WATER, SEWER, DRAIN & STORMWATER SOLUTIONS

IN THIS ISSUE

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: [email protected]; 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.

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Marco GioiosoEditorial Board: Marco Gioioso, Christopher Walsh, John Our and Paul Scenna

BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK 1

3 Presidents Message: a Brighter Future needs Bold action5 Legislative Update:

Massachusetts democrats reverse republican gains in state election

Massachusetts department of public safety proposed Changes to Hoisting regulations

Commonwealth Finishes Fiscal 2012 with $116M surplus study determines Massachusetts Workers Compensation rates

among Lowest in nation report targeting smart Infrastructure needs in the

Commonwealth released patrick administration announces $267M Investment in energy and

environment as part of 2013 Capital plan17 Asbestos Cement Pipe Safety Program Checklist20 UCANEs 58th Annual Banquet38 UCANEs 2012 Banquet Sponsors40 Contractor Member of the Year: Marco gioioso, P. Gioioso & Sons, Inc.43 Associate Member of the Year: richard Hoffman, The Scituate Companies45 Benefits & HR Strategies: Compensation Benchmarking...now is the time to Implement this Key

Hr strategy51 Financial Management:

the surpreme Courts Health Insurance decision: What It Means to You now

new tax for High-Income taxpayers trusts and estates May owe the surtax, too additional Medicare tax for Certain High-Income taxpayers

NOVEMBER, 2012Years of Excellence1954-2012OFFICERSPresident

MARCO GIOIOSOP. Gioioso & Sons, Inc.

President-ElectCHRISTOPHER WALSH

W. Walsh Co., Inc.TreasurerJOHN OUR

Robert B. Our Co., Inc.Secretary

PAUL SCENNAAlbanese D&S, Inc.

BOARD OF DIRECTORSMARCELLA ALBANESE

Albanese Bros., Inc.VINCENT BARLETTABarletta Heavy DivisionMICHAEL BISZKO, III

Biszko Contracting Corp.TONY BORRELLI

Celco Construction Corp.STEVEN COMOLETTI

P. Caliacco Corp.MAUREEN DAGLE

Dagle Electrical Const., Corp.ADAM DeSANCTIS

DeSanctis Ins. Agency, Inc.THOMAS DESCOTEAUX

R. H. White Const. Co., Inc.JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.BILL IRWIN

C.J.P. & Sons Const. Co., Inc.PHIL JASSET

Honorary Board MemberBILL KEAVENEY

A. R. Belli, Inc.ROBERT LEE

J. F. White Contracting Co.RYAN McCOURT

McCourt Construction Co.AL MORTEOFED. CORP.

JOSEPH PACELLARJV Construction Corp.

BRIAN RAWSTONJay Cashman, Inc.

LOUIS SCHOOLCRAFTTi-SALES, Inc.

JOHN WALSH, IIIWalsh Contracting Corp.

ANNE KLAYMANExecutive Director

Legislatively Mandated reporting deadline Leads to actions Impacting Contractors

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NOVEMBER, 2012 BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK 3

A Brighter Future NeedsBold Action

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

Now its back to reality. Basically our country still has many problems, ranging from social and health issues to our deficit problem, and the looming fiscal cliff which is just a few months away. no one refutes that 23 million americans are out of work, looking for jobs, or are under-employed. no one refutes that 47 million people are on food as-sistance programs, with over 400,000 added to these programs in a single month. But as bad as this situa-tion is, I believe it can be reversed. I believe that the vast majority of people do not want to be on welfare or food programs. Certainly for the men and women who have worked all their lives and made a good life for themselves and their families, this situation has to be demoralizing and a blow to their self-esteem. I believe they want to get back to work and take care of their families. they want to regain their independence and self-esteem, but what is holding them back is the scar-city of good paying jobs!

Here is a possible scenario that I believe has some-thing for everyonepeople will get good paying jobs; families will gain a sense of peace and stability; our states and local municipalities will get financial assis-tance for necessary public works projects; our nations standard of living will improve; and lastly, our nations in-frastructure, upon which our economic revival is based, will be modernized to where it supports further economic expansion well into the twenty-first century.

First, the federal government needs to prime our nations economic pump by providing some grants for a country-wide public works program. our countrys $200 billion drinking water and wastewater needs are a perfect example of where grants could immediately stimulate a job bonanza. a ten-year, $100 billion funding appropria-tion would have a major impact on this backlog.

I also believe that once the public actually sees the results, they would be amenable to a dedicated fee on bottled water if they knew that the revenue generated would go into a program that supported clean water programs. UCane included a dedicated fee in a Bottle Bill on Beacon Hill not too long ago, but it did not pass. I think its time to re-file that Bill.

I know my scenario seems rather basicmore eco-nomic vitality results in more jobs, which in-turn allows governments to collect more taxes, which in-turn provides the revenue to pay-off our debt and fund critical programs.

All of this may just be wishful think-ing, but it also may be just what our country needs. However, it will require our political leaders to make creating jobs a priority on all levels of govern-ment and then take bold and innova-tive action to make it happen! n

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Massachusetts DemocratsReverse Republican Gains

in State ElectionsNovember 6th proved to be a fortuitous day for the Massachusetts democratic party. In addition to sending its electoral votes to the re-election of president Barack obama, Massachu-setts voters replaced the incumbent United states senator, scott Brown, with Harvard Law school pro-fessor and consumer advocate, elizabeth Warren. the democratic slant to the day continued down ticket with democrats maintaining their super ma-jority in the state senate and picking up three seats in the Massachusetts House.

of particular interest to UCane, senate presi-dent therese Murray, who spoke at a UCane meet-ing earlier this year, was re-elected after a bruising battle with republican businessman tom Keyes. representative ted speliotis, House Chairman of the Joint Committee on professional Licensure and

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Consumer affairs, a committee that hears many of UCanes matters, was also re-elected after a late sticker campaign from a local republican select-man. other elected officials who have supported or sponsored UCanes efforts on Beacon Hill were re-elected.

In other closely watched races, Joe Kennedy, III, captured the 4th Congressional district for Con-gress while Congressman John tierney withstood an exceptionally spirited challenge from former state senator richard tisei. Massachusetts voters passed two ballot questions (Question 1: right to repair) and (Question 3: Medical Marijuana Use) while opposing one ballot question (Question 2: death with dignity).

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

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

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

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Massachusetts Department ofPublic Safety Proposed Changes to

Hoisting Regulations

Legislative Update continued from page 5

The Massachusetts department of public safe-ty (department) recently announced that it is amending the existing regulations governing hoisting to include recent changes in the Mass. gen. Laws. In particular, many of the proposed changes to 520 CMr 6.00 implement amendments to the hoist-ing law, Mass. gen. Laws. ch.146, 53, made during the end of the formal legislative sessions in July 2012. the department intends to hold a public hearing on this regulation on december 3, 2012, at 10aM at one ashburton place, ashburton Caf, Boston, Ma.

Under the current proposed regulation, tempo-rary permits may be issued by a short-term rental en-tity for the operation of compact hoisting machinery. the rental entity must be approved by the depart-ment and must have an individual who holds a Mas-sachusetts hoisting license act as a short-term rental entity facilitator to monitor all permitting requirements. temporary permits will be non-renewable and will not be valid for more than 14 consecutive days. addi-tionally, no individual shall be issued more than one temporary permit in any 45 day period.

Further, the proposed regulation expands the cur-rent exemption from the licensing and permitting require-ments for public utility companies to include companies operating solely on company property, and companies operating solely on public utility property. In order for the exemption to apply however, the company must have an in-service training program for its employees that has been ap-proved by the department and that meets the requirements of section 6.09. pursuant to the proposed regulation, all approvals previously issued by the department for an in-service training program will be re-scinded 120 days from the date the amended regulations go into effect, and all entities will be required to re-apply. Following an initial applica-tion, entities will be required to reap-ply biannually for in-service training program approval.

additionally, under the pro-posed regulation, individuals or organizations seeking to operate as a training facility that offers one

or more continuing education courses for individuals licensed to operate hoisting machinery must submit an application to the department. all courses must be monitored by a Massachusetts hoisting licensee of equal or greater grade of Massachusetts license and must offer a curriculum that, at a minimum, complies with detailed requirements for each class of hoisting machinery, as outlined in the proposed regulation.

While promulgating regulations governing most aspects of hoisting, the department specifically com-mented that it is aware of osHa regulation 29 CFr 1926 subpart CC, released august 9, 2012, which requires crane operators involved in construction to be certified by an accredited certification provider by november 10, 2014. the department is in the pro-cess of drafting further amendments to these regula-tions that will bring its regulation in compliance with osHas regulation and will be seeking to move for-ward on these additional changes as soon as pos-sible. However, the proposed changes contained in the attached regulation are necessary at this time to bring them up to date with the current law. Every contractor should read the full report.

the proposed regulation can be found at: www.mass.gov/eopss/docs/dps/engineering/inf-eng/hoisting-regs-redline.docx. continued on page 9


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Commonwealth Finishes Fiscal 2012 with $116M Surplus

The Massachusetts executive office of ad-ministration and Finance (a&F) recently an-nounced that the Commonwealth finished fis-cal year 2012 with a $116 million surplus that will be deposited into the states rainy day account. While revenues exceeded state spending last year by $116 million, the patrick administration believes that the surplus money will be useful in mitigating impacts to services and programs in the event that tax col-lections continue to lag behind spending projections for fiscal 2013. as a result of the surplus deposit the rainy day stabilization account contains $1.65 bil-lion. according to the national association of state Budget officers, the states stabilization account is the third largest in the country behind alaska and texas, which count on oil tax revenues for their re-serves.

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Study Determines MassachusettsWorkers Compensation Rates

Among Lowest in Nation

According to a press release by the Massachusetts di-vision of Insurance (doI), Massachusetts employers continue to pay some of the lowest workers' compensation premium rates in the country. In reporting on the oregon department of Consumer and Busi-ness services biannual study, the doI highlighted the fact that Mas-sachusetts ranks fifth-lowest of the 50 states and Washington, d.C. with combined rates of $1.54 per $100 in payroll. this contrasts with Montana, the highest-ranked state, at $3.33 per $100 in payroll, and Connecticut, the highest-ranked new england state, at $2.55 per $100 in payroll. Massachusetts is 75 percent of the median of all states.

the oregon report, which is published every two years, compares workers compensation insurance premium rates across all states, using oregons in-dustry mix as the base. the current study, released in october, reviewed a variety of measures from cal-endar year 2010 and found that Massachusetts' total workers compensation costs decreased 6 percent after three years of increases. the state also had the largest decrease in total costs per claim of all states examined.

In the past five years, the doI has lowered average workers' compensation rates by 19.7 per-cent since 2007. In addition, the Commonwealth has made several other changes to the structure of workers' compensation premiumsincluding reducing the maximum penalty for losses from 49 percent to 25 percent, and lowering charges re-quired to be paid by small employersto further improve the environment for businesses. Work-ers compensation insurance provides coverage for, among other things, lost wages and medical care for workers injured on the job. Massachusetts businesses are required to carry workers compen-sation insurance. the workers compensation sys-tem was overhauled in 1991, emphasizing efficient claims management, workplace safety and return-to-work programs.

according to the doI, the change in Massachusetts work-ers' compensation rates can be at-tributed to two major factors. First, throughout the country, fewer em-ployees are engaged in hazardous occupations, while both workers and companies have become more aware of safety in the workplace and more attuned to the importance of early return to duty, both trends that have been steeper in Massachu-setts than in other states. second, the 1991 reforms altered both work-ers' compensation benefit structures and dispute resolution practices,

making the system less litigious and more efficient.


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The new england Council (neC) released a new report smart Infrastructure in new england: an Investment for prosperity and growth, assess-ing the region's infrastructure strengths and weakness-es. as part of the report, the neC identified opportu-nities for investment in smart infrastructure that can support economic growth and global competitiveness. smart Infrastructure in new england suggests that in order to build a 21st century infrastructure that can en-able economic growth and prosperity, public and private stakeholders must work together to take several identi-fied steps. In particular, the neC report recommends:

1. exploiting the regions structural advantages to achieve a responsive supply chain, operating at lower cost with less congestion, by taking ad-vantage of lower cost home-shoring sub-re-gions in support of dominant industries.

2. Connecting its regional networks and industry clusters to leverage their inherent economies with the appropriate infrastructure technology and management.

Report Targeting Smart Infrastructure Needs in the Commonwealth Released

3. developing workforce skills in a learnings with earnings collaboration, following a new appren-ticeship model that can bring together the inter-ests of business, education, and government.

4. Financing strategic opportunities creatively, us-ing a range of innovative options to match af-fordability with productivity and speed to market.

With the Massachusetts department of transpor-tations upcoming call for a new revenue structure to fund the Commonwealths transit system and the Mas-sachusetts Water Infrastructure Finance Commission report identifying the extensive financial resources nec-essary to meet the Commonwealths water infrastruc-ture needs, infrastructure of all types has come to the forefront. as the Massachusetts legislature heads into the 2013-2014 legislative session, we can anticipate that infrastructure will be a key topic of consideration.

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Patrick Administration Announces $267 Million Investment in Energy and

Environment as Part of 2013 Capital Plan

The patrick administration has announced $267 million in capital funds for energy and environ-ment projects and programs. the Capital Invest-ment plan seeks to reverse decades of underinvest-ment, create jobs and improve the Commonwealths economic future by supporting public assets class-rooms and academic buildings, roads and bridges, and public housing. the plan also invests in the Common-wealth's innovation industries to create thousands of jobs and set the stage for future economic growth.

the energy and environment investments made in the fiscal years 2013-2017 Capital plan focuses on the administrations goal of reducing environmental impact. Highlights include:

$1.75 million for a four-year initiative to revitalize Heritage parks, primarily located in urban ar-eas, that provide exhibits and historic informa-tion with an emphasis on the industrial history of the communities in which they are located;

a $1.25 million investment in the nationally recognized river and wetland restoration pro-gram for the department of Fish and game expected to leverage an additional $5 million in federal and private funds and create over 75 jobs per year;

Final design and initial construction of a head-quarters building for the division of Fisheries and Wildlife in Westborough. this will replace current outdated and overcrowded facilities and will be one of the Commonwealths first net zero energy buildings.

since 2006, the patrick administrations con-servation efforts have protected more than 100,000 acres of open space at an investment cost of over $287 million. to read the fiscal year 2013 Capital plan, please visit: http://www.mass.gov/bb/cap/fy2013/rec/hdefault.htm. n

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Asbestos Cement PipeSafety Program Checklist

UCANE has developed a comprehen-sive asbestos pipe safety program in cooperation with oSHA and The Department of Labor Standards where we train our members in the handling, cutting, storing, removal and disposal of asbestos cement pipe encountered dur-ing underground excavations.

To date, uCANE has conducted nine classes where a total of 234 contractor and associate members were trained. Each attendee who successfully com-pleted the training received their Asbes-tos Removal Certification which was ap-proved by both oSHA and the DoL.

While an asbestos training program is mandated by Massachusetts law, it is only the first step in keeping construction work-ers safe from airborne asbestos particles



which are some of the most carcinogenic elements and a leading cause of cancer. All attendees are reminded that they are re-quired to take positive measures each and every time they encounter asbestos pipe on their projects.

The best way to assure that approved asbestos safety procedures are being fol-lowed is to prominently post a copy of the Contractors Asbestos Project Checklist on bulletin boards in each jobsite trailer, and to review the procedures with all per-sonnel at weekly tool box safety meetings. Another way to keep the dangers of as-bestos pipe a top priority would be to pro-vide each employee with a personal copy of the checklist.

To assist our members, a copy of the checklist can be found below.Asbestos Project Checklist

1 Version: 003 Revision date: 10/24/2012

Use this contractor checklist if your project involves handling ACM I. Prior to Start of Job - Yes No 1. Employees are up-to-date on their regulatory safety training such as asbestos,

respirator, and excavation, or other relevant training.

2. Employee medical evaluations for respirator use completed. Annual medical evaluations are required for employees who are assigned respirators. 3. Annual respirator fit-testing completed. Fit-testing is required annually for any employee assigned a tight-fitting respirator. 4. Asbestos and PPE supplies are in stock and ready to use

(Supply list is at the end of this checklist)

5. Submit Form ANF-001 on line (also known as form BWP AQ 04) to MA DEP. Notify MA DEP at least 10 working days before the project and pay fee.

Asbestos Removal Notification (November 2010) at MA DEP website: http://www.mass.gov/dep/air/approvals/aqforms.htm#asbestos

For emergencies: call your regional MA DEP office to request a waiver as soon as possible. The completed ANF-001 and fee still needs to be sent faxed/e-mailed within 24-hours. http://www.mass.gov/dep/about/regional.htm

6. Notify Dig-Safe at least 3 Business Days before Excavating 1-888-DIGSAFE (344-7233) or 811

7. Obtain Excavation (Trench) Permit and pay fee MA Dept of Public Safety requires a permit prior to any excavation. Permits are obtained from the city, town or public agency required to administer these permitting

requirements. For emergencies: call the permitting authority as soon as possible. The completed permit

application and fee still needs to be sent faxed/e-mailed within 24-hours.

II. At Job Site

8. Trench Permit posted at the job site if applicable 9. Job safety briefing conducted with crew to review work plan, special hazards, and

ensure everyone understands their role. Minimum PPE at job site: safety shoes, safety glasses, and hard hat.

10. Decontamination area/station is set-up A decontamination station is an area where personnel can clean tools, remove protective

equipment, and clean-up: supplies needed include poly sheeting and wet-wipes, water source. 11. Regulated area around work area established with site security, work zone traffic

control, and overhead electrical lines avoidance measures.

12. Place 6 mil poly sheet under the ACM section to be disturbed. 13. Adequately wet ACM with soapy (amended) water. Asbestos PPE ensemble: Respirator with HEPA-filtered cartridges (selection based on length and

frequency of exposure); Arc-Rated disposable coveralls with hood and booties, electrical rated rubber gloves with gloves; safety glasses with side-shields, hard hat, and arc blast hearing protection.

Asbestos Pro jec t Check l is t

169-B Memorial DriveShrewsbury, MA 01545508-842-3790

Asbestos Checklist continued from page 17

Asbestos Project Checklist


Use this contractor checklist if your project involves handling ACM I. Prior to Start of Job - Yes No 1. Employees are up-to-date on their regulatory safety training such as asbestos,

respirator, and excavation, or other relevant training.

2. Employee medical evaluations for respirator use completed. Annual medical evaluations are required for employees who are assigned respirators. 3. Annual respirator fit-testing completed. Fit-testing is required annually for any employee assigned a tight-fitting respirator. 4. Asbestos and PPE supplies are in stock and ready to use

(Supply list is at the end of this checklist)

5. Submit Form ANF-001 on line (also known as form BWP AQ 04) to MA DEP. Notify MA DEP at least 10 working days before the project and pay fee.

Asbestos Removal Notification (November 2010) at MA DEP website: http://www.mass.gov/dep/air/approvals/aqforms.htm#asbestos

For emergencies: call your regional MA DEP office to request a waiver as soon as possible. The completed ANF-001 and fee still needs to be sent faxed/e-mailed within 24-hours. http://www.mass.gov/dep/about/regional.htm

6. Notify Dig-Safe at least 3 Business Days before Excavating 1-888-DIGSAFE (344-7233) or 811

7. Obtain Excavation (Trench) Permit and pay fee MA Dept of Public Safety requires a permit prior to any excavation. Permits are obtained from the city, town or public agency required to administer these permitting

requirements. For emergencies: call the permitting authority as soon as possible. The completed permit

application and fee still needs to be sent faxed/e-mailed within 24-hours.

II. At Job Site

8. Trench Permit posted at the job site if applicable 9. Job safety briefing conducted with crew to review work plan, special hazards, and

ensure everyone understands their role. Minimum PPE at job site: safety shoes, safety glasses, and hard hat.

10. Decontamination area/station is set-up A decontamination station is an area where personnel can clean tools, remove protective

equipment, and clean-up: supplies needed include poly sheeting and wet-wipes, water source. 11. Regulated area around work area established with site security, work zone traffic

control, and overhead electrical lines avoidance measures.

12. Place 6 mil poly sheet under the ACM section to be disturbed. 13. Adequately wet ACM with soapy (amended) water. Asbestos PPE ensemble: Respirator with HEPA-filtered cartridges (selection based on length and

frequency of exposure); Arc-Rated disposable coveralls with hood and booties, electrical rated rubber gloves with gloves; safety glasses with side-shields, hard hat, and arc blast hearing protection.

Asbestos Pro jec t Check l is t ( cont . )



Yes No 14. ACM is removed in a manner that minimizes breakage: Area is cleaned of visible

pieces of ACM.

15. Each piece of ACM is wetted and wrapped in two layers of 6-mil poly. 16. Each piece of ACM waste is properly labeled with OSHA; DOT, and EPA

information.

(1) OSHA danger warning: DANGER Contains Asbestos Fibers Avoid Creating Dust

Cancer and Lung Disease Hazard

(2) DOT Class-9 label Asbestos uses the code: NA-2212 (3) EPA Waste generator

label Include the name of the generator and the location where the waste was generated.

17. If Trench is created, it is filled or covered if job site will be left unattended. 18. Workers clean their hands, tools, and at the decontamination area.

III. ACP Waste Transport, Storage, and Disposal

19. ACM waste is transported in covered truck that is lined with 2 layers of 6-mil poly sheets.

20. ACM waste is stored at the site of generation or at the place of business of the contractor. The ACM waste is stored in a secure location under lock and only for up to 30 days. Check with your regional DEP office to confirm current policy.

21. A Waste Shipping Record (WSR) has been completed. 22. Arrangements are made with Waste Management or other waste hauler firm to

transport ACM waste to the landfill.

23. A copy of the completed WSR signed by the transporter and waste disposal site owner/operator has been received.

24. Send a copy of the completed WSR to the customer within 35 days of the ACM removal.

25. Project records have been filed and will be maintained for at least 2 years.



Yes No 14. ACM is removed in a manner that minimizes breakage: Area is cleaned of visible

pieces of ACM.

15. Each piece of ACM is wetted and wrapped in two layers of 6-mil poly. 16. Each piece of ACM waste is properly labeled with OSHA; DOT, and EPA

information.

(1) OSHA danger warning: DANGER Contains Asbestos Fibers Avoid Creating Dust

Cancer and Lung Disease Hazard

(2) DOT Class-9 label Asbestos uses the code: NA-2212 (3) EPA Waste generator

label Include the name of the generator and the location where the waste was generated.

17. If Trench is created, it is filled or covered if job site will be left unattended. 18. Workers clean their hands, tools, and at the decontamination area.

III. ACP Waste Transport, Storage, and Disposal

19. ACM waste is transported in covered truck that is lined with 2 layers of 6-mil poly sheets.

20. ACM waste is stored at the site of generation or at the place of business of the contractor. The ACM waste is stored in a secure location under lock and only for up to 30 days. Check with your regional DEP office to confirm current policy.

21. A Waste Shipping Record (WSR) has been completed. 22. Arrangements are made with Waste Management or other waste hauler firm to

transport ACM waste to the landfill.

23. A copy of the completed WSR signed by the transporter and waste disposal site owner/operator has been received.

24. Send a copy of the completed WSR to the customer within 35 days of the ACM removal.

25. Project records have been filed and will be maintained for at least 2 years.


Marriott NewtoN Hotel NewtoN, Ma october 20, 2012


Call it whatever you likea great eveningthe most fun time everor simply entertaining, but every one of our 600 members and guests in attendance would tell you that there are just no words to describe UCANEs 58th Annual Banquet held last month at the Newton Marriott Hotel. Simply stated, it was the party of all parties!

It was a night filled with ceremonies honoring members, great food, entertainment, and best of all, lasting memories. All of our members comments following the event were complimentary and very similarI didnt think you could top last years Banquet but you absolutely didthis one was simply the best!

UCANEs 58th Annual Banquet WasSimply the Best From Start to Finish!

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Construction Division

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UCANEs Officers and Board Members (L-R): Chris Walsh, W. Walsh Co., Inc.; Paul Scenna, Albanese D&S, Inc.; Louis Schoolcraft, Ti-SALES, Inc.; Brian Rawston, Jay Cashman, Inc.; Al Morteo, FED. CORP.; Ryan McCourt, McCourt Const. Co.; Bill Keaveney, A. R. Belli, Inc.;

Bill Irwin, C.J.P. & Sons Const. Co., Inc.; Jerry Gagliarducci, Gagliarducci Const., Inc.; Maureen Dagle,Dagle Electrical Const., Corp.; Tony Borrelli, Celco Const. Corp.; Vincent Barletta, Barletta Heavy Division; Marcella

Albanese, Albanese Bros., Inc.; Thomas Descoteaux, R. H. White Const. Co., Inc.;Phil Jasset; Marco Gioioso, P. Gioioso & Sons, Inc.; and Robert Lee, J. F. White Contracting Co.

The evening began with a social hour in the Commonwealth Ballroom, where we were joined by senator scott Brown, who mingled and took photos with our members. the hors d'oeuvres were plentiful and the drinks flowed freely as guests enjoyed good company and conversation.

the anticipation mounted as guests were escorted upstairs to the grand Ballroom, which was decorated to highlight the evenings theme of solid gold. Flowing gold fabric and chandeliers formed a canopy over the dance floor, setting the scene with gold lace

and sequined table linens and a combination of three-foot elegant centerpieces of hydrangeas and calla lilies set off by golden branches and trios of crystal candelabras. the beauty of the room was highlighted by a matching floor to ceiling gold sequined and lace curtain that was the perfect backdrop for the amazing entertainment of the night.

executive director anne Klayman officially opened the evenings program with welcoming remarks and then introduced UCanes officers and Board Members in atten-dance. Before the festivities could get into full swing there was important business to be taken care ofthe highly cov-eted Contractor of the Year and associate Member of the Year awards had to be bestowed on our 2012 recipients.

anne described how their peers chose the recipients with special at-tention given to their efforts to improve our association and our industry. this year members voted UCanes president Marco gioioso (p. gioioso & sons, Inc.) as Contractor Member of the Year, and richard Hoffman (the scituate Companies) as associate Member of the Year. neither Marco nor richard were aware they would be receiving these awards. they were further surprised when their family members and friends en-tered the ballroom to witness them receiving their awards.

Banquet continued from page 21


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She then recognized the more than 100 companies who sponsored various segments of our Banquet. anne said, the caliber, commitment and support of our members is what distinguishes our association from others. anne went on to say that two of the companies who exemplify this generosity and commitment are C. n. Wood Company, Inc. and Komatsu who have been UCanes Banquet Hosts for the past 13 years. other major sponsors were Jay Cashman, Inc. (Hot seafood Bar); Concrete systems, Inc. (Cold seafood Bar); aggregate Industries-n.e. region and Hd supply Waterworks (co-sponsors of our Martini Bar); Liugong and equipment east, LLC (entertainment); eastern states Insurance agency, Inc. (Candy Buffet and Cds); Barletta Heavy division, eastern Insurance group, LLC, Hinckley allen snyder, LLp, McCourt Construction Company, shea Concrete products, United rental trench safety and J. F. White Contracting Co. (Band); and american shoring Inc., gagliarducci Construction, Inc., Liddell Brothers, Inc., robert B. our Co., Inc., taylor oil Company and Zurich north america (sundae Bar). A complete list of sponsors can be found on pages 38-39.

Following the awards presentation anne continued with spe-cial recognition of UCanes charitable giving, When I tell you that UCane is a unique organization, I truly mean it. What really makes UCane special is first and foremost our members. they not only support our associations mission, but they are both indi-vidually and collectively, the most charitable and wonderful group of people Ive ever had the good fortune to be associated with.

More than 30 years ago, UCane made the Leukemia & Lymphoma society our associations official charity. over the years, UCane members have helped raise millions of dollars to provide grants for local researchers. once again UCane invited some of the doctors and researchers who were the recipients of our grants, so that we could recognize their commitment to patient care and also to help find a cure. anne then introduced each of the doctors, listed below, one of whom was not present as he was traveling back from a Leukemia symposium. she also introduced our own al Morteo, from Fed. Corp., who is current-ly serving as president of the Leukemia & Lymphoma society.

dr. Constantine Mitsiades: Instructor of Medical oncol-ogy at dana Farber Cancer Institute, Harvard Medical school and Brigham and Womens Hospital.

dr. Matthew davids: specializing in hematology, internal medicine and oncology, and is an attending physician at dana Farber Cancer Institute.

dr. Jennifer davids: specializing in colorectal and gen-eral surgery at UMass Medical Center in Worcester.

dr. Vicki Boussiotis: professor at Harvard Medical school specializing in hematology and oncology. Her sub-spe-cialty is hematological malignancy and bone marrow transplantation.

anne went on to say, these are some of our own very spe-cial hometown heroes.

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Banquet continued from page 25


With these ceremonies completed anne officially kicked off the festivities by reminding everyone that the raffle ticket they had been given at the reception desk could win them one of seven sensational prizes. she then clarified the rules to win one of the prizes saying, Without exception and in fairness to all, the winner has to be on the dance floor when their name is called to be eligible to win. the fabulous prizes of the evening includeda diamond, gold, sterling and blue topaz bangle bracelet donated by Vellano Bros., Inc.; a chance to win more than $10 million with $150 in lottery tickets; a magnificent swarovski black and white crystal necklace; a black onyx, gold and sterling bracelet; a 32 Vizio LCd tV; a designer gold and sterling heart necklace; and an apple ipad.

In keeping with tradition of doing something different to kick off the par-ty, anne asked all the men at each table to stand and sing along with our band, to their wife or special person to the song sugar pie Honey Bunch. after praising the mens efforts, anne challenged the ladies to do an even better job as they serenaded their special someone to tina turners the Best. after an uninspiring start, anne stopped the ladies singing effort. realizing that they would need some help anne brought out Karen durrant, who headlined in Las Vegass tina turner review. With tinas help the women went on to sing an inspiring rendition of the song. By this time everyone was hyped and ready to have a great time!

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Banquet continued from page 27UCanes president-elect Chris Walsh, W. Walsh

Co., Inc. then gave the invocation and we embarked on a night of solid gold music and entertainment.

our band, decades by deZyne entertained us through the solid gold decades of music, showcas-ing the unique talent of nine gifted musicians and en-tertainers with tributes to the Four tops, Motown and Michael Jackson to just mention a few. the amazing talent did not end there; Karen durrants tribute to the supremes brought the night to a whole different level of excitement.

Whether it was the music of the sensational decades by deZyne band, the tribute to the supremes by Karen durrant, the amazing food served throughout the eve-ning, topped off with our fabulous gourmet sundae Bars and Coffee Carts, the not to be missed sweet endings Candy Buffet, the ladies gifts of designer sunglasses, the hundreds of light up giveaways or annes unique way of giving away the raffle prizesUCanes 58th annual Banquet was solid gold from start to finish! What will stay with us long after the band has gone home and the candy has been eaten is that for a few hours we honored two of our own, and celebrated with family, business as-sociates and friends in a way that will keep us looking forward to next years 59th annual Banquet.

This incredible evening was only made possible by the generosity of our members. Therefore, UCANE

would like to thank all of the companies that sponsored various segments of our Banquet. Once

again, the UCANE Banquet was the event of the year not to be missed.

We look forward to seeing all of you at next years Banquet.

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Photos by Dominic Casserly.

DecorationsBroadstone Advisors, LLC

P. J. Keating Company Palmer Paving Corporation

TravelersTriumph ModularUSI New England

Vellano Bros., Inc.Program Book

AdvertisersJay Cashman, Inc.

P. Gioioso & Sons, Inc.IUOE-Local 4Milton CAT

New England LaborersNortheast Traffic Control Svc., Inc.

E. J. Prescott, Inc.SB General Contracting, Inc.

Shuman & Epstein, LLCTravelers

United Concrete Products, Inc.C. N. Wood Co., Inc.

& KomatsuProgram Book

SponsorAlbert J. Tonry & Co., Inc.

Ladies JewelryVellano Bros., Inc.

Hot Seafood BarJay Cashman, Inc.

Cold Seafood BarConcrete Systems, Inc.

Martini BarAggregate Industries-N.E. Region

HD Supply WaterworksEntertainment

LiuGong& Equipment East, LLCCANDY BUFFET

Eastern States Insurance Agency, Inc.Band

Barletta Heavy DivisionEastern Insurance Group, LLC

Hinckley Allen Snyder, LLPMcCourt Construction Company

Shea Concrete ProductsUnited Rentals Trench SafetyJ. F. White Contracting Co.

Sundae BarAmerican Shoring Inc.

Gagliarducci Construction, Inc.Liddell Brothers, Inc.

Robert B. Our Co., Inc.Taylor Oil Company

Zurich North AmericaAll Signage

RoadSafe Traffic Systems, Inc.


CenterpiecesCleanBasins, Inc.J. DAmico, Inc.

DeSanctis Insurance Agency, Inc. Ferguson Waterworks

Mintz, Levin, Cohn, Ferris,Glovsky & Popeo, P. C.SPS New England, Inc.

TravelersWES Construction Corp.

Ladies GiftsAlbanese Brothers, Inc.

Aon Construction Services Group Barker Steel, LLC

Griffin Dewatering New England, Inc.A. H. Harris & Sons, Inc.

Kirkland, Albrecht & Fredrickson, P. C.LM Heavy Civil Const., LLC

TravelersR. H. White Const. Co., Inc.

Prizes & SurprisesAlbanese D&S, Inc.

Aqua-Line Utility, Inc.Baltazar Contractors, Inc.K & K Excavation Co., Inc.

Lorusso Heavy Equipment, LLCS. M. Lorusso & Sons, Inc.H. R. Prescott & Sons, Inc.

RJV Construction Corp.United Concrete Products, Inc.

Social HourBakerCorp

A. R. Belli, Inc.Dagle Electrical Const., Corp.Darmody, Merlino & Co., LLP

Ferguson WaterworksHUB Intl New England, LLC

Oldcastle Precast, Inc.Qualified Pension Services, Inc.

USI New England

"Solid Gold" CDEastern States Insurance Agency, Inc.

Party FavorsATS Equipment, Inc.

A. F. Amorello & Sons, Inc.P. Caliacco Corp.

DeSanctis Insurance Agency, Inc.EJ

Grove Construction, Inc.I. W. Harding Const. Co., Inc.

Lorusso CorporationMarois Brothers, Inc.

Milton CATR. M. Pacella, Inc.

J. A. Polito & Sons Co., Inc.E. J. Prescott, Inc.

Sunbelt Rentals/Case of N.E.Vianini Pipe, Inc.R. Zoppo Corp.

PlaquesBiszko Contracting Corp.Gencorp Insurance Group

Lawrence-Lynch Corp.Milton CAT

Northeast Traffic Control Services, Inc.Podgurski Corp.

Revoli Const. Co., Inc.Schmidt Equipment, Inc.

Umbro & Sons Const. Corp.

PresentationBouquets

Advantage Petroleum, Inc.C.J.P. & Sons Const. Co., Inc.

FED. CORP.Feeney Bros. Excavation Corp.

L. Guerini Group Inc.P. A. Landers, Inc.

Metro Equipment Corp.Daniel OConnells Sons, Inc.

The Scituate CompaniesTi-SALES, Inc.

specialty cakesWalsh Contracting Corp.


Marco and Christine Gioioso


The highest honor UCane bestows on a contractor member is our Con-tractor Member of the Year award. previous recipients are some of the most respected and successful men and women in our industry who, continue year after year, to work for the betterment of our industryand they each represent the high standard of business excellence that our association has come to expect. this years recipient fit this high standard perfectly.

UCanes 2012 Contractor of the Year, Marco gioioso, blends family tradition and work ethic along with personal motivation as project Manager and secretary of p. gioioso & sons, Inc., the family run business is cel-ebrating their 50th year in business this year.

If you ask any of their peers about this multi-faceted company, you will understand the respect that they have for the companys management team, their competiveness, ex-perience and work ethic. In 1962 four family members founded the company. they im-mediately established their philosophy for success with core values to operate honestly with integrity and fairness, produce quality work and honor all commitments without re-gard to financial consequences, which still hold true today. their belief was that these values would produce relationships that would stand the test of time and obviously they were right.

Marco grew up in Watertown and later moved to Walpole, Ma. In 1992, after grad-uating Walpole High school, he went on to earn a business degree from springfield Col-lege. Following graduation he entered the family business. Like his family before him, Marco extended his commitment to our in-dustry by becoming involved in UCane at a very young age.

He first joined several of our committees and later became a board member. It was

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

evident from the beginning that he would move up the ladder and take on an officer position. after serving on our board for many years, he became UCanes secretary for two yearsthen treasurer for two yearsthen president-elect for two years and he is just completing his second year as UCane president.

In 1997 Marco married his wife Christine and they have three children, Marco Jr., dan-iel and ava. With the size of his family it was not easy to keep this award a surprise. We had one additional surprise for him. In addi-tion to the entire gioioso family being there to celebrate with Marco, his three children and closets friends were there as well.

When our members found out who this years recipients were, our Banquet sold out in record time.


2010 Caterpillar All rights reserved. CAT, CATERPILLAR, their respective logos, Caterpillar Yellow, the Power Edge trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.

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UCanes associate members are the busi-nessmen and women who supply and ser-vice the machinery and materialsand also finance, bond, insure, litigate and support our con-tracting companies. We are very fortunate in that we attract the very best companies in the industry. this award is bestowed on the member recognized by their peers for their involvement in our association, and their support of our industry.

richard Hoffman has a long history of support for UCane and our industry. It all began with his fa-ther almost 53 years ago after a friend convinced him of the need for a local concrete pipe manufacturer. He challenged the utility industry at that time with the motto, if you can draw itwe can build it.

richard was raised in scituate, Ma and from the age of 10 worked at the business part-time and dur-ing summer vacations until he graduated from high school. He then attended Bryant and stratton Col-lege in Boston where he earned a business degree. In 1964, he joined the business on a full-time basis.

In 1966, richie met his wife Helen, and they have been married for 44 years. they have four children, ricky, susan, amanda and Craig. However, they were faced with every parents worst nightmare when at the age of 6, their son ricky passed away from a rare form of cancer. Helen said that one of the things that troubles her most is that to this day, no cure has been found for rickys type of cancer.

richard and his brother Billy now manage and operate the scituate Companies, and are mentoring third generation family members, their sons Craig and Justin, to eventually take over the business. today, the company is one of the largest and most success-ful concrete pipe and precast product manufacturers in the new england region.

this award stunned richie, because it has al-ways been his nature to be part of the team, and he would never dream that UCane would single him out for an award. We truly appreciate everything he

has done for UCane and our industry, and it was our pleasure to honor him.

there was a further surprise for richie. He must have been wondering why there were two empty tables behind himwell, it was because all of his children and other family members and friends were there to help celebrate this honor with him.It was a great pleasure to present UCANEs 2012 Associate Member of the Year Award to Richie Hoffman. n


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Key HR Strategy

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Developing a compensation strategy is one way to avoid underpaying (and losing your key employees) or overpaying (affecting prof-itability). giving some thought to the process now and taking a proactive approach may avoid common, undesirable scenarios such as when a key employee comes to you with a competitors offer and demands that you match it to keep him or her from jumping ship. even if you manage to keep the employee from leaving, youre in a situation in which the employee has already started to look elsewhere.

The following are some suggestions for you to consider as you develop a compensation strat-egy for your company:

Identify Key PositionsWhile it may not be practical or necessary to

obtain market data on all positions, determine those titles that are critical to the success of your firm. these should be the positions that are both common and critical in your industry; otherwise, finding valid correlating data might be difficult.

Consider Data SourcesIt is not always easy to obtain comparable sal-

ary data. even if a competitor is willing to share, anti-trust regulations may consider this type of informa-tion-sharing as potential price-fixing. this can be avoided by having a third-party collect and produce a confidential report without identifying individual com-pany data.

there are some well-known online resources, such as salary.com, payscale.com or the doL Bureau of Labor statistics to research data. Keep in mind that these resources typically draw their data from a na-tional database. Compensation rates in metro areas like Boston will vary significantly from similar positions in more rural or even suburban locations.

another good source may be your own industry association. Check with your local affiliate to ask if they maintain a compensation database.

Fee-based resources are also available from various consulting firms. For example, at pinnacle,

As we approach the end of another calendar year, many employers start thinking about salary budgets and plans for merit increases for the next fiscal year. Certainly, employees are keenly interested in whether or not they can expect an increase (and how much), which has not always been an annual event in these difficult economic times. Do you have a compensation strategy or do you simply apply the Ill give everyone an average increase based on what we can afford approach? Is this the best way to incentivize your key contributors or could you be losing key em-ployees to competitors due to salary issues?

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we subscribe to erI (economic research Institute), which provides compensation data for over 5,000 titles, and searches can be customized to address variables such as industry and geography.

at the very least, make sure your data is rela-tively current and includes a job summary, statistical ranges (at various percentiles), years of experience and industry source.

It may not be necessary to conduct a market analysis annually, but be sure to adjust any prior years data for inflation.

Determine Your Market Rateonce you have collected the data, you can de-

fine your compensation philosophy. are you satis-fied with meeting the market, i.e., paying at the me-dian or midpoint for similar positions? do you want to be a market leader, targeting the 75th to 90th per-centile as your benchmark goal in order to attract and retain top talent? some companies philosophy is to lag the market in base pay, paying below the midpoint, and creating incentive plans that pay for performance.

the right answer will be unique to each em-ployer's culture. and within your structured strategy,

there will always be those exceptions that require some flexibility. For example, filling a key role may require paying near the top of the scale (or even be-yond) despite a meeting the market philosophy. the important thing is to recognize, and even docu-ment, that you are deviating from your philosophy in this one instance so that this salary level doesnt be-come the new norm.

Salary Ranges Yes or No?one of the final steps in a well-designed com-

pensation strategy is to decide on the use of salary ranges for each position. some companies find sal-ary ranges too restrictive, but it is an effective way to assign a minimum, midpoint and maximum sal-ary for positions that may have multiple incumbents. once you have developed a market rate for the posi-tion as determined by both the market data and your compensation philosophy, a typical range would fall somewhere between 80% (the minimum) and 120% (the maximum) of the market rate for a mid-level posi-tion. ranges for executive positions tend to be some-what broader and ranges for entry-level positions somewhat narrower.

the advantage of creating salary ranges is that it allows you to see where each individual falls within

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Benefits & HR Strategies continued from page 47


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

Above AVG 5% 4% 3%

AVG 4% 3% 2%

Below AVG 2% 1% 0%

MIN MIDPOINT MAX

Salary Within Range

Perf

orm

ance

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

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

2013 Salary Forecast Trendsthe society for Human resource Management

recently reported that U.s. salary budget forecasts for 2013 are continuing to be rolled out by pay con-sultants/researchers and while there are some differ-ences around the margins, the consensus remains steady for an average increase of 3 percent...despite a recent spate of mixed to gloomy economic news relative to growth levels in the U.s. and the contin-ued uncertainty relative to the sovereign debt issue in europe.

Companies are more concerned about employ-ee retention, competitiveness and skill shortages, which will result in more uniform pay increases and fewer incidences of the salary freezes of past years.

all this reinforces the need to take a fresh look at your compensation strategy and establish a more market data-based, structured approach that will fa-cilitate and support your compensation decisions in 2013 and beyond. n

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the most contentious provision of those lawsthe requirement that most americans purchase health insurancewont take effect until 2014. that provision is extremely complicated with both penalties for non-compliance and subsidies for people at certain income levels. the Irs has promised more guidance in this area. expect more information to come in the future, as the time for compliance draws near, and the federal government fills in the details. that said, some provi-sions of these major laws will go into effect in 2013, as scheduled. If you know what will change next year, you may be able to adjust your plans accordingly.

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Financial Management continued from page 51


Starting in 2013, certain taxpayers will owe an additional 3.8% Medicare tax. (The money raised will be allo-cated to the Medicare program.) To be af-fected, you must have both an ample gross income and income from investments.

Gross income. this 3.8% surtax applies to taxpayers filing joint returns or surviving spouses with modified adjusted gross in-come (MagI) over $250,000, married indi-viduals filing separate returns with MagI over $125,000, and all other individuals with MagI over $200,000. MagI, for this purpose, is your regular agI plus any foreign earned in-come youve excluded. MagI and agI will al-most always be the same, says Bob Keebler of Keebler & associates, a tax advisory and Cpa firm in green Bay, Wisconsin. MagI does not include tax-exempt income, exclud-ed gain on the sale of a principal residence, or veterans benefits.

Investment income. this includes taxable in-terest, dividends, capital gains, annuities, roy-alties, and real estate rentals. the tax is on net investment income, so youll subtract expenses such as investment interest youve paid.

Crunching the Numbersthe tax will be owed on the lesser of the two

numbers. one is your net investment income: the other is the amount by which your MagI exceeds the relevant $125,000, $200,000, or $250,000 threshold.

Example 1: phil roberts, a single taxpayer, has MagI of $300,000 in 2013 but no countable invest-ment income because he invests solely in tax-exempt bonds. With net investment income of zero, phil will

New Tax for High-Income Taxpayers

not owe the 3.8% surtax, no matter how high his agI or MagI might be.

Example 2: suppose that phil has the same $300,000 of MagI in 2013, but it includes $75,000 of net investment income. now, phils net investment income ($75,000) is less than the $100,000 excess over his $200,000 MagI threshold. the 3.8% is im-posed on the smaller amount, so phil will owe 3.8% of $75,000 in surtax: $2,850.

Example 3: now suppose phil roberts $300,000 of MagI in 2013 includes $125,000 of net investment income. phil is still $100,000 over the MagI threshold, but that overage is less than his $125,000 of net investment income, so he will owe a $3,800 surtax: 3.8% of $100,000.

First CallYou cannot reduce the 3.8% surtax by taking large

itemized deductions, such as charitable contributions and mortgage interest. this surtax is based on your agI, which you report on the bottom of page 1 of your income tax return. anything that swells your agIincluding cap-ital gains and retirement plan distributionsincreases the likelihood that youll be over the MagI threshold for your tax filing status and, thus, owe the surtax.

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