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Build Houston Magazine August / September 2014

Build Houston Magazine August / September 2014

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ABC LEADERSHIP
Chair
Tim Ricketts
Channel BioRefinery & Terminals
Chair Elect
Darlene East
Holes Inc.
Vice Chair
Mike Holland
Marek Brothers Systems, Inc.
Secretary
Warren Adamson
S&B Engineers and Constructors
Treasurer
Leonard Bedell
Mobil Steel International
2014 BOARD OF DIRECTORS
Brian Anderson
G.R. Birdwell Construction
Kerry Bennett
ISC Constructors, LLC
Kevin Bordelon
Zachry Industrial
Robert Burelsmith
E. E. Reed Construction, L. P.
Sam Craig
Craig & Heidt, Inc.
Matt Daniel
KBR Building Group
Marcus Deal
CB&I
Matt Elliott
SpawGlass Construction Corp.
Dinesh Ghia
Gilbane Building Company
John Golashesky
Turner Industries Group, LLC
Brandon Mabile
Performance Contractors, Inc.
John Marshall
Satterfield & Pontikes Constr. Inc.
Rod Molyneau
JACOBS
Bob Nussmeier
Kiewit/TIC
Joe Orr
Baker Concrete Construction, Ind.
Rodney Page
Ref-Chem L.P.
Frank Rusich
Tellepsen Industrial
Wendell Rychlik
W.T. Byler Company
William Sanchez
Oxford Builders Inc.
Billy Spies
KBR
Christina Stone
Gaughan, Stone & Thiagarajan
Henry Villarreal
Turner Construction
Ben Westcott
Andrews Myers
Mark Williams
Foster Wheeler USA Corp.
Ronnie Wills
Aggregate Technologies Inc.
Lohn Zylicz
D.E. Harvey Builders, Inc.
Build Houston Magazine
3910 Kirby Drive, Suite 131
Houston, Texas 77098
(713)523-6222
www.buildhoustononline.com
Publisher/Owner: Associated Builders &
Contractors of Greater Houston
Executive Editor: Jennifer Woodruff
Assistant Editor: Megan Brann
Account Manager: Janice Peters
Graphic Design: Jennifer Woodruff,
Robert Chevis

COVER FEATURE
BIG ENTERPRISE:

The Builder of Choice for Metal Building Projects (p.19)


SAFETY ON THE JOBSITE:
Contractors and Safety Equipment Evolve To Meet Todays
Unique Jobsite Challenges (p.23)
LEGAL NEWS:
6
NLRB Protects Employees Profane Outburst
INDUSTRY NEWS:
9
Planning for Future Construction Labor Needs in a Booming Oil and Gas Market
11
High School Girls in Houston Area get Crash Course in Construction at MAGIC Camp
FINANCIAL NEWS:
13
Top 12 Construction Cash Flow Management Strategies
15
Group Health Plan Compliance Quick Check
SAFETY NEWS:
17
Safety Rep: Qualified or Questionable
20
Greener Grass In The Safety Field
ASSOCIATION NEWS:
23
CMEF Graduates 44 Students from Craft Training Program
28
Local ABC Members Come Together to Help the Association Make a Bold Move for
2015.
IN THE KNOW:
34
People, Companies, Projects and Awards
Aggregate Technologies Inc. ................................ 26
American Mat & Timber Co. ....................................8
Andrews Myers, P.C............................................... 27
BIG Enterprise........................................................ 19
Brookside Equipment........................................... 16
Coastal Ice............................................................. 33
Cokinos, Bosien & Young...................................... 14
Craig and Heidt, Inc............................................... 12
Diffco........................................................................2

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INDEX OF ADVERTISERS
Efficiency Shoring and Supply.................................8
Expertox................................................................ 10
Ford Nassen & Baldwin........................................ 18
Interface Consulting International, Inc................. 12
ISC Constructors, LLC............................................. 36
Kerr, Hendershot & Cannon, P.C............................ 29
Locke Solutions Precast Division .......................... 13
Marek Brothers Systems....................................... 21
Memorial Hermann Health Insurance Co. ........... 29

Portable Rental Solutions..................................... 26


Porter Hedges LLP................................................ 21
ROMCO Equipment..................................................7
Scott-Macon Equipment.........................................9
Skillforce, inc. ..........................................................5
TCA/The Compliance Alliance L.P......................... 35
United Rentals - Trench Safety............................. 25

Build Houston Magazine August / September 2014

LETTER FROM THE CHAIR


Dear Reader,
Did You Know?
1. The construction sector is projected to need 1.6 million new workers by 2022.
2. Construction contractors pay the highest effective tax rate out of any sector.
3. 86 percent of the U.S. private construction industry does not belong to a union.
On June 11th and 12th, a contingent of ABC Greater Houston members joined others from
around the country to storm the capital in Washington D.C. for the annual ABC Legislative
Conference. Most of the discussion with our legislators included topics involving
burdensome regulation and workforce development. All of us in the construction industry
know and understand the challenges with a qualified workforce in this area, but are you
aware of some of the regulations that are being proposed at this time?
Right now, OSHA is in a comment period for new regulations regarding silica in the workplace, which if implemented as
proposed, would require most construction workers to be protected from silica levels that cannot be accurately measured
with todays technology! Can you imagine several hundred construction craftsmen wearing respiratory protection and
Tyvek suits for the duration of a construction project? This is not only silly but unnecessary. The legislators we spoke with
were receptive in a bi-partisan fashion to push back against OSHA.
In addition to the OSHA regulations, the National Labor Relations Board (NLRB) is still trying to push Card Check through
the back door in conjunction with the Department of Labor with Ambush Elections (NLRB) and Persuader regulations
(DOL). These rules make it much easier for unionization by shortening the period between the time when a union files a
representation petition and an election takes place (ambush election) as well as limiting an employers ability to provide
balanced information to employees as to the implications of unionization (persuader rules).
Lastly, there was a great deal of discussion regarding making the business tax credits and deductions (extenders)
permanent with both our representatives and senators. This includes accelerated equipment depreciation for small
business. This bill passed the House but now appears to be stuck in the Senate.
Closer to home, the ABC Facility Planning Committee is continuing their work with the architects and the first renderings
of the building have been released! Additionally, the Fund Raising Committee is hard at work coming up with creative
ways to fund the build out. Come by the ABC Greater Houston office or visit our website at www.abchouston.org to see
plans for the new building!

C O M I N G S O O N AT A B C / C M E F
Aug 7:

Casino Night

Aug 20: Small Claims Seminar


Aug 21: Fall Clay Shoot Tournament

Tim Ricketts
ABC Greater Houston Chairman
Director of Projects, Channel BioRefinery & Terminals

Sept 4:

BBQ Cook-Off

Sept 17: Contract Clauses Seminar


Sept 25: Member Mixer

V I S I T A B C H O U S TO N . O R G F O R M O R E I N F O R M AT I O N
4

Build Houston Magazine August / September 2014

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Build Houston Magazine August / September 2014

NLRB Protects Employees Profane Outburst

Discuss It @ www.buildhoustononline.com

Gone

are the days when an employer can fire without


impunity an employee who unleashes a barrage
of profanity against a supervisor. In Plaza Auto Center, Inc. and
Nick Aguirre, 360 NLRB No. 117 (2014), on remand from the
Ninth Circuit, the NLRB held for the second time that an employer
violated the National Labor Relations Act by terminating an
employee who engaged in a profane and insubordinate outburst.
The Board required the employer to reinstate the employee with
back pay and benefits.
In Plaza Auto Center, the employee discussed the companys
various policies including compensation practices with other
employees. The employee complained to a manager about
pay practices which led to a closed-door meeting between the
owner and the employee. During the meeting, the owner told
the employee he needed to follow the company policies and
procedures, he should stop complaining about his pay, and he did
not need to work for the employer if he did not trust them. The
employees response included yelling at the owner, calling him a
f**king mother f**ker, a f**king crook, and an a**hole. The
employee continued his tirade telling the owner he was stupid,
nobody liked him, and everyone talked about him behind his
back. The employee also stood in the small office, pushed his

The owner told the employee he needed


to follow the company policies and
procedures, he should stop complaining
about his pay, and he did not need to
work for the employer if he did not trust
them. The employees response included
yelling at the owner...
6

Build Houston Magazine August / September 2014

chair aside, and warned the owner that


if the owner fired him, the owner would
regret it. The owner did not intend to
fire the employee going into the meeting,
but in light of the inappropriate language
during the meeting, the owner changed his
mind.
The Board initially found the employees
JODON
conduct was not egregious enough to lose
protection of the NLRA, under the following factors from Atlantic
Steel Co., 245 NLRB 814 (1979): (1) the place of the discussion;
(2) the subject matter of the discussion; (3) the nature of the
employees outburst; and (4) whether the outburst was, in any
way, provoked by the employers unfair labor practices. The Board
concluded that all four Atlantic Steel factors weighed in favor of
protection, therefore finding the employer violated the Act by
firing the employee. On appeal, the Ninth Circuit remanded the
case because it found the Board erred in its assessment that the
nature of the outburst weighed in favor of protection. On remand,
although the Board agreed with the Ninth Circuits finding, the
Board still concluded that the other three Atlantic Steel factors
weighed in the employees favor, because: (1) the outburst
occurred in a closed-door meeting in a managers office away
from the workplace; (2) the discussion concerned the employees
protected conduct; and (3) the outburst was provoked because
it would not have occurred but for the employers unfair labor
practice of inviting the employee to quit if he did not like the
employers policies.
Additionally, despite the employees outrageous outburst, the
Board concluded that the employee did not engage in menacing,
[Continued on page 8]
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713.937.3005

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817.626.2288

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www.romco.com

Build Houston Magazine August / September 2014

Employees Profane Outburst | LEGAL NEWS


physically aggressive, or belligerent conduct, because he made
no specific threats of physical harm, had no history of committing
or threatening violent acts during his employment, and he did
not hit, touch, or attempt to hit or touch the owner. In doing
so, the Board applied an objective standard and disregarded the
owners testimony that he feared for his personal safety and for
the safety of other employees. Instead, the Board concluded that
the employees you will regret it statement was a threat of legal
consequences and not of physical harm.
As the dissenting opinion in Plaza Auto Center noted, the Boards
standard permits employees to curse, denigrate, and defy their
managers with impunity during the course of otherwise protected
activity, provided they do so in front of a relatively small audience,
can point to some provocation, and do not make overt physical
threats. Employers should proceed with caution before issuing
discipline and determine if the outrageous behavior qualifies for
protection under the NLRA.
Firmwide:127743157.1 800000.1000

ABOUT THE AUTHOR:


G. Mark Jodon, the office managing shareholder of Littler Mendelsons Houston
office, is board-certified in labor and employment law by the Texas Board of Legal
Specialization. Mark frequently defends employers against unfair labor practice
charges before the NLRB. He can be reached at (713) 652-4739 and mjodon@
littler.com.

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Build Houston MagazineYour


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Planning for Future


Construction Labor Needs
in a Booming Oil and Gas Market

Strains

on labor capacity in oil and gas


construction markets worldwide are
becoming increasingly well known. These struggles continue to
affect expected project costs, and several large capital projects
have already been delayed or cancelled as a result of rising
costs and questionable long-term profitability projections. As
demand continues to increase in the face of the Liquefied Natural
Gas (LNG) export gold rush, construction firms are faced with
unprecedented pressures to retain and grow talent.
In 2008, just 3.8 percent of the total construction workforce was
engaged in direct oil and gas construction. By 2012, 6.4 percent
nearly double 2008s number of that workforce was engaged in
direct oil and gas construction. According to FMIs estimates, by
2017 nearly 10 percent of the total U.S. construction workforce
will have moved over to this burgeoning industry segment.

human talent issues and following through with diligence and


consistency on the execution of that strategy will become the
key competitive differentiators among firms in the oil and gas
sector.
[Continued on page 10]

WHEN SERVICE
M A T T E R S

Exceptional Service,
Exceptionally Maintained Machines

Fierce competition for talent in this sector is already driving


construction companies to rethink the human capital needs
and strategies required to optimize access to and retention
of qualified and experienced workers. Following is a summary
of the top five business fundamentals for preparing for such
unprecedented labor shortages. Information was culled from
25 in-depth interviews with executives of energy infrastructure
construction firms and select FMI industry experts.
Top Five Business Imperatives for Energy Infrastructure
Construction Firms
1. Build long-term knowledge pipelines. Successful companies
are developing comprehensive knowledge transfer
programs, shifting knowledge from senior (and soon-to-beretiring) employees to the next generation and leveraging
organizational expertise and best practices across the
business. Developing a long-term strategy to address these
www.buildhoustononline.com

Here at Scott-Macon Equipment, we go to great lengths


to ensure that our cranes and our service are exceptional.
Whether you are looking to purchase or rent one of our
cranes, you can be sure that you and your equipment are
being taken care of.
Scott-Macon Equipment
14925 South Main St.
Houston, TX 77035

Phone: (713) 721-7070


WWW.SMEQUIPMENT.COM

Build Houston Magazine August / September 2014

Construction Labor Needs | INDUSTRY NEWS


2. Engage your people. In an industry that is constantly in
flux and characterized by extreme working conditions,
company executives must keep their employees engaged
and devoted on a daily basis. Industry leaders who have
established good reputations for having corporate cultures
focused around safety, education, and employee well-being
will find themselves at an advantage in the war for talent.
Also playing a key role in both retention and recruitment
are fundamentals like safety culture, working conditions,
supervision, co-workers/interpersonal relationships, job
security and organizational policies.
3. Integrate HR with other core business functions. Over the
last few years, CEOs in the construction industry have started
to look for synergies among functional areas, finding ways
to leverage support functions, such as HR, IT and finance,
to be fit for a purpose and ensure that they are more
closely aligned with the overall enterprise strategy. From the
board down to the individual operating company level, new
attention is being paid to human resource functions whose
operational objectives must be linked to the firms overall
operating targets.
4. Understand your risk. As energy infrastructure construction
firms scramble for skilled workers to keep up with demand,
companies are apt to hire less-experienced workers who lack
the necessary safety training or technical skills. To circumvent
the frenzy and the scramble for last-minute bodies,

construction firms and end users/owners must rethink their


collaboration efforts and look into innovative partnering
approaches where the company establishes relationships
with the respective entities years before the project even
starts.
5. Increase project management capacity. As more companies
discover new frontiers and invest in non-traditional
exploration methods, oil and gas projects worldwide are
increasing in complexity and scope. Successful energy
infrastructure construction companies are investing heavily
in increased project management capacity by innovating
in areas such as prefabrication, technology, knowledge
management, and communication, among other things. In
the coming years, clients will focus on construction companies
that can limit rework orders; optimize labor, equipment and
materials scheduling; and use a modular approach to project
management. These tactics will help improve productivity
and manage costs in a tight labor market two key concerns
for owners in this sector.
More Expansion Ahead
The U.S. oil and gas industry is on the brink of its largest human
capital shortfall as it faces one of the most significant expansion
periods in its history. Successful companies are thinking long
term and building new talent pipelines, developing targeted
interventions, assessing the business impact of skills shortages
and considering the options available to build competency.
Now is the time to tie HR objectives directly to business
objectives and build continuous feedback loops that help improve
management techniques and ultimately influence strategy.
Through these and other efforts, oil and gas infrastructure
construction firms will find themselves better positioned to tackle
the labor shortages and move beyond to ongoing success. Without
these proactive moves, the U.S. oil and gas construction industry
will struggle to right itself during a period of unprecedented labor
shortages.

Follow Us On Twitter
@expertox

ABOUT THE AUTHORS:


W. Christopher Daum is a senior managing director with FMI Capital Advisors, Inc.,
FMI Corporations registered Investment Banking subsidiary. He can be reached at
919.785.9264 or via email at cdaum@fminet.com. Scott Duncan is a vice president
with FMI Capital Advisors, Inc., FMI Corporations registered Investment Banking
subsidiary. He can be reached at 303.398.7250 or via email at sduncan@fminet.
com. Sabine Hoover is a senior research consultant with FMI Corporation. She can
be reached at 303.398.7238 or via email at shoover@fminet.com.

Join our Facebook


Fan Page

www.expertox.com

DAUM
10

Build Houston Magazine August / September 2014

DUNCAN

HOOVER

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High School Girls In Houston Area


Get Crash Course In Construction
At MAGIC Camp

Sixteen

area high school female students


attended the 2014 MAGIC Camp
that was held from June 16 through 19 at the Galena Park ISD
Agricultural Centerstarting daily with a breakfast at 7:30 a.m.
and concluding at 4:30 p.m. Under the leadership and direction
of DeAnn Gill, SPHR, Bechtel Communications, 44 volunteers
from numerous participating construction companies and
CMEF, had an opportunity to make these young women aware
of various crafts and career opportunities in the construction
industry through discussion, instruction, and hands-on projects.
This nationwide program encourages young women to enter the
exciting construction industry career path, thus helping to address
the current and future workforce shortage the Industry faces.

Under the leadership and direction


of DeAnn Gill, SPHR, Bechtel
Communications, 44 volunteers from
numerous participating construction
companies and CMEF, had an
opportunity to make these young
women aware of various crafts and
career opportunities in the construction
industry
through
discussion,
instruction, and hands-on projects.
Each day Construction and Maintenance Education Foundation
(CMEF) volunteers participated in the Camp. On Monday
morning, Dr. Steven Horton, CMEF High Schools Program Director,
spoke to the campers about CTE craft training classes offered in
high school and how they could continue their education at a local
community college. He then spoke about an opportunity for one
camper to win a scholarship to one of the ABC/CMEF Sponsored
College Training Units, reviewed the guidelines, and gave them the
essay topic: Why I deserve the Construction and Maintenance
Education Foundation Scholarship? Campers were given an
application, written guidelines, and a submission deadline of
8:15am on Thursday. On Monday afternoon, Richard Bolt (CMEF
Performance Evaluator), William Fuller (CMEF Lead Instructor),
and Dr. Horton set up two hands-on event stations for two CMEF
www.buildhoustononline.com

sponsored
events,
including
Keeping It
Square and
Spooling Pipe.
On Tuesday morning,
master craftsman William Fuller, assisted by Dr. Horton,
facilitated the Keeping It Square event. Fuller started by
explaining the required PPE and taught the campers how to
safely cut ceramic tile and fit into a mosaic pattern. Prior to the
campers cutting the tile, he explained measuring tools and the
importance of measuring and marking the tile correctly prior to
cutting. While many of the campers were quite nervous about
using a power tile saw, all successfully measured and correctly
cut the tile and wanted to do it again and again.
On Wednesday morning, journeyman pipefitter Richard Bolt,
assisted by Dr. Horton, facilitated the Spooling Pipe event.
[Continued on page 12]

Dr. Horton presented Gladis Cortez, North Shore Senior High School student,
with the Construction and Maintenance Education Foundation Scholarship.
Gladis plans to start taking advantage of the scholarship this coming Fall
semester by attending a Welding class at San Jacinto College North Campus.
Build Houston Magazine August / September 2014

11

MAGIC Camp | INDUSTRY NEWS


Bolt started by explaining
the required PPE and taught
the campers how to safely
fit together pieces of pipe,
gaskets, and various valves from
an isometric drawing. While
Bolt worked with half of the
campers on the piping spool, Dr.
Horton spoke to the rest of the
group about the drawing, the
symbols, bill of materials, and
the importance for the piping
designers to ensure that the construction documents are drawn
correctly and to specifications.
On Thursday morning, Dr. Horton picked up the applications
and essays. After CMEF Scholarship Committee members,
Donna Sandlin (CMEF Training Coordinator) and Dr. Horon, read
the applications and essays, the winner of the Construction &
Maintenance Education Foundation Scholarship was chosen.

Trouble?

Dr. Horton returned to Camp and that afternoon presented a


framed certificate of award to the winner, Gladis Cortez, North
Shore Senior High School student. She
plans to start taking advantage of the
scholarship this coming Fall semester by
attending a Welding class at San Jacinto
College North Campus.

Let us help you avoid getting trapped.


Interface Consultings construction consultants and experts provide proven insight backed
by unrivalled experience to address cost and schedule issues on troubled projects. Clients
have called on us to assist with change order identification and substantiation, schedule delay
analysis, claims preparation and management, and dispute resolution for the past 27 years.

While CMEF awarded only one scholarship


winner, they believe that all the campers
are winners, and each one was given a
backpack with several great items inside.
CMEF congratulates these young women
who instead of sleeping late, lounging by
a swimming pool, or strolling along the
beach, made a choice to give up a week
of their summer vacation from high school
to attend MAGIC Camp. Their choice to
participate has already made a positive
difference in their lives. For information
about 2015 MAGIC Camp, contact the
CMEF office at (281)478-3900.

Weve built our reputation by getting into trouble.


www.interface-consulting.com | Houston, TX | 713.626.2525
12

Build Houston Magazine August / September 2014

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Top 12 Construction

Cash

flow is one of many


unexpected construction accounting challenges
in a growing market. As more business and projects flow in, your
cash flow can become tight as you service these new customers.
Here are 12 top cash-flow management strategies to help free up
cash and shorten your cash cycle.
1. Benchmark your financial statements. Knowing company
ratios can help you set goals, identify opportunities and
understand triggers to internal changes. The formulas
displayed in the chart (on the next page) can help you
calculate liquidity and efficiency ratios.

2. Get to know your client. Learn all you can about the
potential client and the type of reputation they have. Are
they slow or late with payments? Knowing this allows you
to determine if it is really worth allocating your time and
resources to the project. Once the contract is awarded, try to

Management Strategies
negotiate payment contract terms and
implement a payment schedule.
3. Look at your contract specifics early
on. Establish and understand the terms
of the contract, including retainage,
payments for stored materials,
insurance and other key provisions.
Understanding contract specifics
can help in controlling job costs and
organizing a cash management system.

KUCHAR

4. Develop a credit policy. Check credit and know how much


you are willing to extend. Track and work with your slowerpaying customers in order to avoid cash-flow challenges.
[Continued on page 14]

Do what you say,


anD say what
you mean.

We believe there is honor in the deal. In our world of business, we prefer handshakes to
contracts. Honesty over profit. Quality over quantity. That may not always be the way its
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Build Houston Magazine August / September 2014

13

Construction Cash Flow | FINANCIAL NEWS


5. Consider requiring a deposit or requesting
accelerated payment. This especially applies
to custom projects, since they typically have
more unknowns and require more time and
resources.
6. Create a cash management system. Instead
of just reacting to difficult or costly situations,
take time to plan and understand your options.
Consider what factors affect your income
and cash flow. Budgeting your income and
scheduling known future costs allows you to
anticipate changes and provides time to plan
for those periods when cash flow will be tight.
7. Book in real-time. Track your cash flow directly in your
accounting system as opposed to working in a spreadsheet
and transferring changes over at a later time. This keeps
accounts and balances current and helps avoid surprises.
8. Work with your vendors. If possible, stagger payment dates
to avoid payables due at the same time. Also, make sure to
take advantage of discounts or early payment incentives
when you can in order to save.

9. Manage your change orders. Change-order work can be


difficult, and if not managed properly, can result in a negative
cash flow. Complete and report the work in a timely manner
and make sure to keep the proper documents in order to
avoid paying out of pocket for unreported costs.
10. Understand your overbillings. Try to frontload your jobs as
much as possible in order to be overbilled whenever possible.
While its no secret that overbillings can improve your cash
flow, overbilling your customer too much could cause a delay
in payment.
11. Send invoices promptly. Instead of
waiting to bill for change orders or other
bills during a regular billing routine, send
out invoices upon project completion in
order to get your money coming in sooner.

Celebrating 25 years
Cokinos, Bosien & Young

12. Make billing simple. Touch base


with your client in order to make sure
you are sending to the right person and
including all the information they need.
Cut back your mailing costs and eliminate
the delivery time by sending invoices via
email. Also, remember to follow up and
make sure the invoice was received.

is honored to celebrate 25
years of serving clients with
all aspects of construction law
throughout Texas, the United
States and internationally .
Whether it's complex transactions or
litigation, our attorneys have extensive
experience and expertise in the Texas
construction market.

ABOUT THE AUTHOR:


Michael Kuchar is a Shareholder and leader of
Doeren Mayhews dedicated Construction Group in
Houston. A top 100 U.S. firm, Doeren Mayhews CPAs
and business advisors serve more than 500 suppliers
and general and specialty contractors doing business
domestically and abroad. For more information, visit
www.doeren.com.

FOUR HOUSTON CENTER 1221 LAMAR STREET 16th Floor HOUSTON, TX 77010 Tel: 713-535-5500

www.cbylaw.com

HOUSTON
14

DALLAS /FT. WORTH

SAN ANTONIO

Build Houston Magazine August / September 2014

AUSTIN
www.buildhoustononline.com

Group Health
Plan Compliance
Quick Check

Are

you familiar with the top common group health plan


issues? Heres a quick list to help ensure that youre
in compliance.
Affordability Under Health Care Reform
Wellness credits and surcharges cannot be taken into
consideration when determining affordability under the employer
mandate, unless they are tobacco-related. Additionally, small
employers must determine affordability for purposes of the
Marketplace Notice. Finally, individuals should be informed as
to the affordability of coverage for purposes of the premium tax
credit subsidies available in the federal marketplace.
Payment Of Individual Policy Premiums
Some employers have begun to explore the possibility of
providing contributions toward health coverage purchased in the
individual market, including coverage and employee purchases
through either a private or public exchange. In Sept 2013, the
IRS published Notice 2013-54 essentially prohibiting the payment,
subsidy, or reimbursement of the cost of individual policy
premiums by an employer. The IRS requires that a participant in
an employer sponsored arrangement that is designed to pay for
health coverage on a tax free basis also be enrolled in a group
health plan.
Nondiscrimination
Corrections to any failed nondiscrimination test are not permitted
after year end. This means that the status of the plan should be
monitored during the year so that any adjustments can be made
prior to year end. As a best practice, testing should be performed
several times during the plan year. Results from each test can
help a plan sponsor facilitate corrections and show, upon audit,
that the plan passes the appropriate tests.

Failure To Offer Cobra


If an employer offers benefits that
satisfy the definition of a group
health plan, the employer should
also offer COBRA in connection
with the plan.
Commonly
overlooked group health plans
CHRIST
TAYLOR
include
flexible
spending
INSURANCE
arrangements, health savings
accounts, employee assistance programs and wellness programs.
Failure to offer COBRA may subject the employer to penalties
under ERISA, an excise tax under the tax code, and penalties and
remedies by the court.
Mixing Up HIPAA And Cobra Notices
The HIPAA Special Enrollment Rights Notice and the COBRA Initial
Notice are commonly confused, but the application and audience
are different. Employers should ensure that the HIPAA document
is provided to all employees (not just those covered under the
plan) who are offered the opportunity to enroll. Conversely, the
COBRA document is only provided to employees and spouses
who are actually covered under the plan within 90 days of the
beginning date.

The HIPAA Special Enrollment Rights


Notice and the COBRA Initial Notice are
commonly confused, but the application
and audience are different. Employers
should ensure that the HIPAA document
is provided to all employees (not just
those covered under the plan) who are
offered the opportunity to enroll.
[Continued on page 16]

www.buildhoustononline.com

Build Houston Magazine August / September 2014

15

Health Plan Compliance | FINANCIAL NEWS


Medicare/Tricare Prohibition
An employer with 20 or more employees may not offer to pay,
subsidize or otherwise reimburse the cost of TRICARE or Medicare
coverage for employees or their spouses, as this could be seen as
taking such coverage into account and incentivizing the individual
to drop group health coverage.
FMLA
Final regulations released in February 2013 expanded the federal
Family and Medical Leave Act to include leave for family members
who are on or have been called to active duty. Extended leave
is available for an employee to care for a family member with a
serious illness or injury. Eligibility has been extended to same sex
spouses if the employee resides in a state that recognizes same
sex marriages.

Charging Employees Different Premiums


In general, an employer is free to design their plan to charge
employees different premiums as long as it is based on bona fide
employment classifications or participation in a wellness program.
However such plans must ensure they will pass nondiscrimination
rules under both IRS code Section 125 and 105(h). Assessing
premium differentials based on the satisfaction of a health
standard (such as not smoking) is only permitted when it is part
of a wellness program that satisfies the five criteria of the federal
regulations.

ABOUT THE AUTHOR:


Christ Taylor Insurance is an Employee Benefits and Insurance Brokerage firm
doing business for over 50 years in southeast Texas, and long-time ABC member.
We provide solutions to small and medium size companies in the areas of
Healthcare and other Benefit programs, as well as Life Insurance and Retirement
Plans. Contact the Christ Taylor team at 713-850-7747 or www.christtaylor.com.

Advance Notice Of Midyear Plan Changes Required


Health care reform introduced the summary of benefits and
coverage requirement. Under SBC distribution rules, if a plan
changes information or design midyear, an updated SBC must be
provided 60 days in advance of the effective date of the change.
A summary of material modification (SMM) may also be required
on an expedited basis when a plan change is made. Plan sponsors
must understand the intricacies of each notice when considering
making a midyear change in the plan design.

EXPECT MORE FROM YOUR WORKFORCE.

With John Deere, you can expect tough equipment with the power
to perform. In fact, customer input has led to design innovation
that makes John Deere equipment more accommodating to operator
comfort and more accommodating to the wide variety of work that
your job sites require. Plus, over 100 Worksite Pro Attachments are
available for increased productivity.

www.BrooksideUSA.com
League City, TX
(281) 338-1300

16

Houston, TX
(713) 943-7100

SW Houston, TX
(713) 541-3535

CWP-BES7X50801BH-4C

Angleton, TX
(979) 849-2325

Build Houston Magazine August / September 2014

Katy, TX
(281) 391-2165

Spring, TX
(281) 353-0204

Jersey Village, TX
(713) 466-7456

www.buildhoustononline.com

SAFETY REP

Qualified or Questionable?

In

a Ted Talk from the collection on Trust, Rachel Botsman


discusses how reputation is the currency of online
collaborative consumption systems and how these systems rely
upon everyones willingness to trust strangers. Interesting and
scary stuff. Interesting because it has launched entirely new
ways of making things happen such as TaskRabbit for getting
things done around your house that youd rather not do and
KickStarter to launch new business ideas. Scary because if Ted
Bundy were around, Im sure hed only kill 1 of every 10 people
who trusted him and the other 9 would give him a 5-star, 90%
charmed, TaskRabbit rating.
While the obvious correlate in business includes the LinkedIn
type of collaborative networks, is there an old-fashioned form
of risky trust commonly used in business? Yes. It is called The
Resume. Rarely is the impressive resume actually verified. One
case that was recently covered by the media: A huge crane
building company hired an attorney who had just moved to
Houston and did not check his resume so they never found out
he was disbarred in New York. Well, they found out after he
embezzled millions of dollars and laundered the money buying
collector comic book and magazine memorabilia.
While this big corporation did not check the resume, who did?
A Comicon dealer. When someone tried to sell one of the first
Batman comic books valued at about $900,000, for $35,000
at a Comicon conference, the Comicon dealer checked his
resume. He called the mans employer, who happened to be

the Houston Police Department, and another piece of the crane


embezzlement case fell into place.
When it comes to corporate and
construction safety, this can be a matter of
life and death. If you hire the unqualified,
or even a talented person who knows
safety but happens to also be a liar falsely
representing his or her credentials, and the
AMAVI
worst happens, he or she will definitely
be uncovered and the grieving family, the
media, and the jury, though equally guilty of reckless trust, will
find your error shocking.
Just a few true stories TCA has personally verified in the last few
years:
1) The safety director for a very large general contractor boasted
a degree in safety and health. They hired me after a fatality
and I checked his resume. The college? An online service
that issued credentials to anyone for a fee of $75.
2) A safety professional active in the ASSE (American Society of
Safety Engineers) boasted big projects and great credentials
including an associate degree in Safety & Health from Texas
A&M. Texas A&M stated they do not offer associate degrees.
3) A safety professional has an entire section on his website
about his Academia experience. He states that he is a
[Continued on page 18]

www.buildhoustononline.com

Build Houston Magazine August / September 2014

17

Safety Rep: Qualified or Questionable | SAFETY NEWS


professor at University of Houston.
The truth? U of H officials sent
written verification that he was
temp staff. He teaches an overflow
OSHA 30-hr course that happens
to be conducted on their campus.
The OSHA credential is all he hada
credential anyone can get in a couple
of weeks.

Its not
about luck
for dn a s s en.c om
Da ll a s Hous ton A us t in

Youve worked hard to build your


business and good reputation in the
construction industry.

What does it really take to be a professor?


First, it requires a degree (you got it--#3
doesnt have one), years as an assistant
professor, then years as an associate
professor, then a recommendation from
a committee of tenured professors and,
finally, the President of the University
to accept that recommendation. This is
the procedure for all professorships at
American, 4-year accredited colleges. To
verify degrees and professorships is just a
phone call away.
Onora ONeill, in another Ted Talk about
trust, shared thatwhile polls indicate
we need to trust moreshe believes we
do NOT need to trust more. We need
to be good at trusting the trustworthy
and not trusting the untrustworthy. The
lesson? Check that resume and call those
referencesit may save your job, your
reputation, and the life of a worker who
trusted your safety director.

Dont leave them to chance.


1
18BuildHouston-Twothirds.indd
Build Houston Magazine
August / September 2014

7/20/2014 4:27:52 PM

ABOUT THE AUTHOR:


Tara Maria Amavi, (formerly Tara Templeton Hart,
name changed due to identity theft) is the Founder
and President of TCA/The Compliance Alliance
L.P. TCA has provided services to almost 1000
companies nationwide and TCAs proprietary tools,
methods and means have been ranked #1 in the
world for managing contractor safety. The TCA
Safety System is peer acknowledged as a method
based upon TCAs own trade secrets which get
better results than traditional safety methods and,
therefore, saves lives. Ms. Amavi has been named
one of Houstons 50 Most Influential Women
for 2012 by Houston Woman magazine, and has
also been named one of the Whos Who in Safety
by Compliance Magazine (2007). Ms. Amavi is a
sought after public speaker, has appeared on local &
national radio and television programs including five
appearances on The BusinessMakers, a radio show
hosted by John Beddow & Russ Capper. Ms. Amavi
may be contacted at tara.amavi@tcamembers.com
or 713.263.7661.
www.buildhoustononline.com

BIGEnterprise | COVER STORY

BIGenterprise

BIG

The Builder of Choice for Metal Building Projects

enterprise has always envisioned itself as a different


kind of company. When we talked about starting a
company, we absolutely wanted to create something different.
For me, I had worked more than 20 years in the general contracting
business, and I had some amazing opportunities working for
great companies on big projects. I really wanted to share that
knowledge and experience with our customers and employees
in a small business environment. We always knew the emphasis
would be on our relationships with customers, subcontractors,
and employees and we even wanted our name to communicate
this, BIGenterprise, a partner for your next BIG enterprise, says
Jim Boyd, business owner and founder with wife Sandra.
Since opening its doors in early 2008, BIGenterprise has met
both opportunity and challenge alike with the motto that we are
always going to do the right thing. Not only does it feel good
to do the right thing, but it has been a sound business decision
because more than 70 percent of their work is with preferred,
referred, repeat or relationship customers who want to hire
BIGenterprise for their projects.

BIG crew erects 127-foot clear span over new indoor pool.

Houstons builder market offers so many choices for the


potential customer and we have found that our best advertising
and leads come from our existing happy customers. We are in
the service business and our goal is to build happy customers
by helping them solve their construction problems, especially
when it involves a metal building or some other unique benefit
that we can offer. We began offering customers cost savings if
they changed their original designs to a more conventional preengineered metal building solution and we immediately saw
the benefit by being able to help customers solve their budget
problems and get a high quality building quickly, states Boyd.

BIM models are used in the design and erection of BIG metal buildings.

contracting services, we specialize in


pre-engineered metal building designbuild projects. The benefit for each
customer, is a higher level of customer
attention through superior service and
technical knowledge, delivered by an
experienced and trustworthy team, says Jim Boyd. If we can
raise the performance bar on a turn-key metal building project and
increase the level of happiness a customer should experience
at the end of their project, then we have really accomplished
something, and thats worth doing every time!
BIGenterprise is positioning itself to be the builder of choice
for metal building projects. We are making a commitment to
train, educate and equip our team members and BIG erection
crews with everything they need to build projects that are safe,
profitable and are well planned from beginning to end, says
Boyd. We want to bring BIG experience and qualifications to
even the smallest of projects. We approach every job with a high
level of planning and preparation, because a job that starts right
usually stays right.
Learn more about customer benefits and services and how
BIGcompanies can be a partner on your next BIG enterprise, by
visiting BIGenterprise.biz and BIGmetalbuildings.biz

In 2008, BIGenterprise became an Authorized Builder of


NUCOR Building Systems, and today the company confidently
offers price and schedule guarantees on their projects that
are unmatched. Although the company performs full general
www.buildhoustononline.com

Build Houston Magazine August / September 2014

19

Greener Grass
Who

hasnt wondered what is on the other side of the


pasture or the fence or what it would be like if you
worked somewhere else? Seems natural to wander over there to
take a look. Most workers have multiple employers during a career.
The Bureau of Labor Statistics stated that for workers in 2012, the
average tenure with their current employers was 4.6 years.
Ive had only a few employers in forty years. Many of my colleagues
constantly wander from employer to employer. Maybe its to find
the dream job. It reminds me of a cow on my grandfathers farm.
The poor creature had its head stuck in a fence and couldnt break
free. It was thin and famished when we found it. It had been
searching for greener grass and stuck its head through the fence
to get a taste.
Why Is It Greener?
The cow, like applicants for new jobs, must have believed the grass
was better beyond the fence. Sometimes things are better beyond
our normal reach. On farms, the grass may be grazed down to the
nub by the herd and the fresh grass in a new pasture is obviously
appealing. Thats why farmers and ranchers rotate pastures so as
to give the grass an opportunity to refresh itself. But why is the
grass greener? It could be because the rancher nourishes the fields
on a regular basis. Like smart ranchers, good employers work hard
to make the company attractive to good talent and they nurture
that talent so as to retain the good ones. These employers treat
their team with dignity and respect and make work more pleasant
and fun. A family-style atmosphere makes a company job seem
like working at home.

20

Build Houston Magazine August / September 2014

What About Safety?


There is a reason some companies have
good safety performance. Its just like the
greener grass. Great companies know
about growing thingsplanting seeds,
watering, pruning and nurturing when
necessary. The difference between good
and great may come from simple things like
effective communications, management
GHORMLEY
commitment, caring passionately for the
well being of employees and the conviction to do what is right all
the time. I know of an employer that set monetary concerns aside
even though the company had 200 project employees working at
a facility. All were pulled from the project because the plant would
not address health and safety concerns. The move likely resulted
in millions in lost revenue but not one of the company employees
was harmed. The plant, however, sustained two related fatalities
due to a disregard for safety and at-risk thinking.
Success At Work
Success is often characterized as hard work, determination and
sacrifice. I recall one safety professional who bailed out of a
construction job just because the going got tough. Nearly every
project Ive seen had conflicts and confrontations between
individuals, groups or customers, but leaving in the midst of battle
is cowardice. This fellow left his teammates in harms way stating
he found a more attractive job elsewhere. From all reports, the
grass for him was not any greener at his new company. Sometimes
for success in employment one must take on the role of gardener
www.buildhoustononline.com

Greener Grass | SAFETY NEWS


or landscaper. There is a time for preparation, pruning or making
modifications to the work at hand. Its often a matter of digging
in, getting along and even compromising, as long as personal
convictions arent threatened. We all can remember company
managers making mandates that were not liked or wanted by
employees, but usually alterations in operations do work in the
long term. Change is the one thing that doesnt remain static.
Know When To Dig In
It takes just a few changes to see new opportunities in safety
that makes things better for companies and individuals. Have
you heard the story about the two boys who each stood in front
of a pile of horse manure? The pessimist boy did nothing but
look on while the optimist boy started digging in the pile. When
asked what he was doing, the optimist said, With all this stuff
theres got to be a pony here somewhere. He was right. Theres
a pony out there for us all but we dont have to get our heads
caught in the fence to find it.
ABOUT THE AUTHOR:
Bennett Ghormley has over 35 years of experience in safety, training and
construction administration. He is experienced in implementing safety
programs involving commercial, industrial and municipal industries. Mr.
Ghormley has conducted audits, investigations and inspections in refineries,
chemical and petrochemical plants, for pipelines, water and waste facilities,
manufacturing plants and fabrication facilities. Mr. Ghormley has served
as an expert witness in litigation cases and appeared before the Workers
Compensation Commission, EEOC, Employment Commission and civil courts.
Contact Mr. Ghormley via email at bennettghormley@yahoo.com.

Our construction team


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by providing clients with solutions based on experience.

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from contract formation to project completion, including the complexities of financing projects. Our breadth of experience
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www.buildhoustononline.com

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PORTER HEDGES LLP, ATTORNEYS AT LAW
Attorney Advertising

Build Houston Magazine August / September 2014

21

SAFETY

22

Build Houston Magazine August / September 2014

On The
www.buildhoustononline.com

Contractors and Safety Equipment


Evolve To Meet Todays
Unique Jobsite Challenges
Written by Megan Brann

Safety.

Its a topic weve been made aware of most


of our lives, beginning at a very young age.
Dont run with scissors. Stop, drop and roll. Look before you cross.
Sound familiar? Logically, one would assume safety awareness
would naturally transition over from personal lives into the
workplace environment. However, OSHA statistics would readily
disprove that assumption. The active construction site presents a
unique set of safety challenges, where in some cases one wrong
move or decision could result in injury or even death. Over
the last few decades safety awareness and personal protective
equipment have made great strides. There is still work to do in
terms of safety on the jobsite, however, the good news is that
safety innovations are made each day and new programs are
offered by industry safety leadersbringing us one step closer to
an injury and accident free jobsite.
To explore the topic further, Build Houston Magazine sat down with
some of the industrys leading construction safety professionals
and learned some of the newest methods and tools they use to
bring safety and safety awareness to the site.
SafetyThe Golden Rule
Ralph Riley, Business Developer at S&B Engineers and Contractors,
Ltd., explains improvements using the tried and true concept of
the Golden Rule.
The bigger trend Ive seen over the last 15 years is that more
employers simply want to do the right thing for individuals on
their site, Riley said when comparing safety programs that came
from direct government mandate decades ago. [Employers] learn
its not in the dotted is and crossed ts. Its about people, the
men and women on the jobsite in which these safety programs
are implemented for.

Jobsite
www.buildhoustononline.com

Before safety became a true culture. Some companies tended


to comply with safety regulations to avoid hefty penalties and
fines imposed by OSHA. For others, it took a dose of safety reality
a real life or death situation before they began to take part in
OSHAs Safety Observations. Safety Observations allow for datadriven analysis of safety initiatives. Its not only behavior-based
safety observations; its also a field-based system. Companies can
do predictive maintenance and interpretations to see a trend in
order to make safety program and orientation changes.
[Continued on page 24]
Build Houston Magazine August / September 2014

23

Safety on the Jobsite | FOCUS SECTION


But what happens when only unsafe observations are made?
It creates an atmosphere and culture of negativity. By only
recognizing unsafe observations on the jobsite the result can
be poor jobsite tracking and overall safety experience. Even so,
others claim it is too difficult to track an employees every move,
claiming it to be unnecessary. As a possible solution, Riley states,
I think theres merit in the psychological aspect of looking at safe
observations as well as unsafe. If youre always looking at faults,
it could affect work performance. There needs to be a balance.
Were talking about people. [S&Bs] analysis is of the two. And
one size fits all safety standards do not apply.
Riley calls this ideology Humanizing Our Projects - the premise
that craft professionals and other employees on the jobsite receive
the utmost respect and treatment. This ideology is being put into
practice by providing humanizing perks that help an employee
feel appreciated, such as fully-equipped and clean lunch facilities,
project managers who take the time to know something personal
about each employee, and moving employees from temporary
tents into buildings.
However, one workplace safety hurdle is getting employees to not
only observe safety, but to act on an unsafe observation, Riley
said. OSHA safety observations require employees to stop, fill out
a form, and identify the unsafe/safe observation. But ideally, that
employee actually needs to intervene in the unsafe act. Stop
Work, is a system developed to jump that hurdle. The process
empowers employees to stop what theyre doing, and correct the
suspected unsafe behavior.
Safety personnel constantly enact systems like these, but whether
or not they work in the field is a different story all together.
Managers can design initiatives properly, but the field workers
must enact them. People in the field own [the Safety Program],
Riley said. Managers must make sure the program is tweaked
and reworked once in the field, to ensure that jobsite specific
safety needs are being met.
Those safety initiatives and programs are even recognized and
rewarded by Associated Builders and Contractors (ABC) with
the Safety Training and Evaluation Process (STEP) program. The
STEP program was established in 1989 by the ABC National
Environment, Health & Safety Committee as a way to create safety
awareness and bring forth best practices in the industry. The STEP
program provides contractors with an opportunity to measure
their safety programs progress through a 20 Key Component
self-evaluation helping identify areas of improvement while
benchmarking performance with fellow ABC members. The
program is a great tool for any size company to measure their
improvements from year to year. STEP recipients often reference
the program in owner and client presentations to demonstrate
their continued commitment to a safe jobsite.
24

Build Houston Magazine August / September 2014

Ironmantm Lite is a new grade of harness designed for the power-user, combining
premium features with the classic utility of Reliance Full Body Harness. The
aluminum alloy hardware provides the strength of steel without the weight,
ensuring greater comfort and increased compliance and productivity.

Always Wear Your Hardhat and PPEs


While the pen and paper method of documenting safety is
important, what about the equipment that craft professionals rely
on each day for their safety and well being? Theres no doubt that
Personal Protective Equipment (PPE) and other safety gear have
made strides over the last few decades - the numbers speak for
themselves.
Since 1970, workplace fatalities have been reduced by more than
65 percent and occupational injury and illness rates have declined
by 67 percent. Worker deaths in America are downon average,
from about 38 worker deaths a day in 1970 to 12 a day in 2012.
And worker injuries and illnesses are downfrom 10.9 incidents
per 100 workers in 1972 to 3.4 per 100 in 2011, OSHA reports.
Out of 4,175 worker fatalities in private industry in calendar year
2012 as reported by the Bureau of Labor Statistics, 806 or 19.3
percent were in construction. Even with steady improvements
in jobsite safety, the current fatality numbers must be reduced
[Continued on page 26]
www.buildhoustononline.com

United Rentals Trench Safety


Dallas, TX (214) 357-4369
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San Antonio, TX (210) 684-7970
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Austin, TX (512) 479-5058
Keller, TX (817) 379-7233
Gonzales, LA (225) 744-0101

2013 United Rentals, Inc.

www.buildhoustononline.com

Build Houston Magazine August / September 2014

25

Safety on the Jobsite | FOCUS SECTION


furtherwhich is why safety management positions within
the workplace are evolving and expanding. OSHA claims that
eliminating the common Fatal Four (falls, struck by object,
electrocutions and caught-in/between) will save the lives of 437
workers in America each year. With falls being the most prominent
(about 35 percent) cause of fatality, ensuring the proper use of
safety equipment such as harnesses and other PPEs - can help
greatly reduce this number.
Ed Goode, Territory Manager at MedSafe, shares information
about a new safety harness that not only protects, but provides
relief from a common issue experienced by many men and women
in the field who wear the equipment. Our newest [harness]
edition is the Iron Man Light Comfort Series Harness. It is up to 30
percent lighter than our standard harness. When the harnesses
are lighter, it means less fatigue and can help prevent workplace
accidents. In addition, this new design utilizes aluminum D-rings
which reduces the weight and means less corrosion on the
harness, giving [the equipment] a longer lifespan. They also have
a new fastening component that cant disengage while under
pressure. You cant accidentally unclick it. Goode said their goal
is to make PPE & Fall Protection as user-friendly as possible so
that this equipment is used properly and human error can be
avoided.
While personal fall protection is a must, there is a second fall
protection that can be easily overlooked falling tools. Its not
really being addressed with any national guidelines, Goode said.
The current measures mandating tool fall protection are vague
and puts the burden on the individual contractors to develop their
own policy. Goode said one of MedSafes more recent additions
to their extensive line of safety equipment is tool fall protection.
Goode also agreed with Riley in that over the course of several
decades, safety is no longer whittled down to satisfy mandated
requirements. [Safety] is being taken very seriously and given to
those with a specific [safety] title and role.
Rules On The Move
OSHA also offers a solution for safety program implementation
via their Voluntary Protection Program (VPP) which recognizes
effectively managed safe sites. However, VPP is ideal for fixed
jobsites. When specific safety roles are not tied to one location, but
rather spread out over a large geographical area, implementing a
unified safety initiative can be more difficult.
The answer to the geographically challenged site or crew? OSHAs
Mobile Workforce Safety Campaign. The campaign is best suited
for general contractors and subcontractors who may or may not
have the authority for safety and health for an entire jobsite or
for those companies who have employees that move from siteto-site such as a specialty contractor or repair and maintenance
26

Build Houston Magazine August / September 2014

www.buildhoustononline.com

Safety on the Jobsite | FOCUS SECTION


companyregardless of size or length and duration of the project
or service, OSHA reported.
According to the VPP application, VPP reviewers dont look for
a single correct way to meet VPP requirements. They want to
see a system that works for you. And in that sense, the Mobile
Workforce Safety Campaign is put into practice. The Campaign
works in phases. The first phase requires an evaluator to review
the companys safety and health management programs. They
assess the employers commitment to the safety of its employees;
and their commitment to the affiliated VPP program. The second
phase is designed for verification. One or more jobsite programs
are reviewed to ensure they are effective outside the working
headquarters where some employees may continue their work
unsupervised.
Its a great safety management tool, Keith Liggett, Safety
Professional and ABC Safety Committee Member, said of the
Mobile Workforce Safety Campaign. It helps us identify the safety
in our culture, and most importantly, helps us stay accountable.
Liggett said some workforces struggle with constant motion like
new owners, new processes, and new hazards. His own rule of
thumb communication is key.

These temporary jobsites are more susceptible to challenges


because there are new employees, a new location and a new
orientation platform. The [Safety Campaign] sets the stage for
workplace expectations, Liggett said. Because of the nature of
the work, its important to communicate effectively. We need to
keep talking about it.
Elementary Foundations
Communication, equipment and respect the elements for
safety success. The role that safety plays in a companys today
and tomorrow reveals a lot about how they feel towards the
construction professionals employed on their jobsites. Safety
professionals are eliminating workplace injuries on a daily
basis through innovative programs and tools. Improvements in
jobsite morale for employees, new editions of PPEs, safety plan
measurements through the STEP program, and unified safety
initiatives for the temporary jobsite are all great tools for jobsite
safety improvement. With these tools in hand, the bar can be
set higher for safety expectations in the construction industry.
Riley said safety concepts depend on the person putting policies
into place and those utilizing these tools. It depends on the
elementary concepts. It all goes back to the golden rule respect
one another. - MB

CONSTRUCTION | COMMERCIAL REAL ESTATE | CORPORATE | EMPLOYMENT | BANKRUPTCY

Working in the construction industry creates a


constant need for contractual and legal assistance
and guidance. Andrews Myers has become a great
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Build Houston Magazine August / September 2014

27

CMEF Graduates 44 Students From Program

Construction

and
Maintenance
Education Foundation
(CMEF) honored 44 graduates in millwright, instrumentation,
pipefitting, industrial painting and sheet metal at a graduation
ceremony on Thursday, June 5. More than 200 people, including
graduates, guests, instructors, and managers, filled the banquet
hall to applaud the graduates accomplishments.

Anthony Mullings, an industrial painting graduate, sat outside
the banquet hall with his wife, children and parents, waiting for
the event to begin. He said he did not know what to expect from
the graduation, but was extremely happy to complete the class.
Mullings had sought out the class to better himself in life.

while studying. Luna said instructors do their best to be as flexible


as possible for their students.

Jairo Luna, also an industrial painting graduate, said this class


was only the beginning of his training journey. I want to get into
another craft, Luna said. But I wanted to get the feeling of what
it was like going to school after work.

The ceremony proceeded with speeches by construction


professionals, many offering advice and words of encouragement.
The podium and stage served as a place to honor growing
opportunity, and a place where industry ideas were shared. Guest
Speaker Pat Kiley of Kiley Advisors stood at the podium in front of
the graduates and offered advice.

Balancing time is not a foreign struggle to this graduate class.


Many of them have jobs, families and personal lives to juggle

Balancing time is not a foreign struggle


to this graduate class. Many of them
have jobs, families and personal lives
to juggle while studying. Luna said
instructors do their best to be as flexible
as possible for their students.
28

Build Houston Magazine August / September 2014

Pipefitting instructor Pete Medina was one of the many teachers


in a room full of students, families and friends. Medina and his
fellow instructor George Vance joked that opportunities for the
craft professionals have improved so much, they might return
to the workforce. Joking aside, Medina said it was extremely
gratifying to see his students at the graduation.
They have to want to be there in class, Medina explained. Its
hard for them to balance everything. Its nice to see the ones who
stayed be rewarded for their hard work.

Every facet of construction is on fire, Kiley began, reassuring


graduates in the career theyve chosen. And what an
accomplishment you have achieved...unlock a great life for
yourself.
Going forward, Kiley listed four tasks to guarantee post-graduate
success: 1) show up for work on time; 2) take pride in your craft; 3)
speak well of the company who writes your paycheck; and 4) learn
www.buildhoustononline.com

CMEF Graduates 44 Students | ASSOCIATION NEWS


the construction and maintenance business. These steps, he told
them, will help them excel in work and in life.
Scott Lemoine, Manager of Maintenance, Turnarounds & Capital
projects at LyondellBasell Houston Refinery, followed with
remarks for the graduates, stating that he too was once in their
shoes. As a graduate of the craft programs offered at the ABC
Pelican Chapter, Mr. Lemoine worked his way up the skilled craft
ranks to his current position with one of the largest refineries
in the area. I stand before you tonight as living proof of what
your future can hold, he then urged the graduates to never stop
learning and aspiring to be the best they can be.
After each name was called, each graduate was presented with a
certificate of completion, each hand was shaken, and each picture
was taken, before graduates excitedly returned to their seats.
There were murmurs of congratulations. There were flashes of
light from the many cameras in the crowd. There were whistles
and cheers from the family and friends attending. In those final
moments of the celebration, the graduates were enthusiastically
recognized for their accomplishments.
To all of our graduates, CMEF Director of Education Glen OMary
said, building up the tone in his voice, congratulations!

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www.buildhoustononline.com

Build Houston Magazine August / September 2014

29

ABC on the Move in 2015 | ASSOCIATION NEWS

WERE ON THE MOVE

Associated Builders and Contractors of Greater Houston is on the move to a new 9,000+ square foot building,
located at 4910 Dacoma Street, to better serve you. This new location will allow for greater access to services, larger
training rooms, expanded meeting rooms and more - all conveniently located on the northwest side of Houston.

4 9 1 0 D a c o m a S t r e e t | H o u s t o n , Te x a s 7 7 0 9 2

After

many years of setting aside funds and countless land and property searches, Associated Builders and
Contractors of Greater Houston has acquired a building! The new offices, located at 4910 Dacoma Street
(77092), will not only serve as a main meeting hub for association members, but will also serve as a north-side training
campus for educational affiliate Construction and Maintenance Education Foundation (CMEF). It will allow the association
to provide much needed training and education opportunities for contractors on the north and west side of Harris County.
ABC is seeking $350,000 in donations
to help offset the expense of the
buildings extensive renovation. To
recognize generous contributors who
support the new building campaign,
ABC will provide naming rights (to
ABC Members in good standing)
for numerous meeting and training
rooms, as well as recognition pavers.
Learn more about contribution levels
and benefits on page 32.
ABC extends its sincere thanks to
the ABC Member companies who
have already stepped up and made a
pledge, getting ABC Greater Houston
one-step closer to its January 2015
move-in date.

4910 Dacoma Donors


FOREMAN LEVEL
Marek Brothers Systems, Inc.
JACOBS
PROJECT ENGINEER LEVEL
Aggregate Technologies
Craig & Heidt, Inc.
Holes Incorporated
Mobil Steel International, Inc.
Slack & Co. Contracting, Inc.
TDIndustries
CRAFT PROFESSIONAL LEVEL
ISC Constructors, LLC
Mobil Steel International, Inc.
Oxford Builders Inc.

HELPER LEVEL
Kiewit/TIC
BOARD CHAIR LEVEL
G.R. Birdwell Construction
Gaughan, Stone & Thiagarajan
Hunter Buildings & Manufacturing
Matt Daniel - KBR Building Group
Mobil Steel International, Inc.
S&B Engineers and Constructors, Ltd.
Tim Ricketts - Channel BioRefinery &
Terminals
IN-KIND & SPECIAL RECOGNITION
Epoxy Design Systems, Inc.
Fast Track Specialties
PDG Architects
Donors as for July 24, 2014.

30

Build Houston Magazine August / September 2014

www.buildhoustononline.com

28' - 0 1/2"

27' - 11 1/2"

Training
Room 2

39' - 6 3/4"

Board Room

0' - 2 3/4"
17' - 6 1/4"

Break Area

Lounge Area

REF.

ICE.

12' - 7 1/4"

12' - 7 3/4"

11' - 11"

Entryway Pavers

12' - 0"

9' - 8 1/8"

4' - 8"

15' - 1"

8' - 2 1/2"

Vocational Room

Training
Room 1

15' - 7"

27' - 10"

18' - 2 1/2"

Committee Room

4 9 1 0 D a c o m a S t r e e t | H o u s t o n , Te x a s 7 7 0 9 2

Entryway Pavers

Room Naming Rights


Available For*:
- Vocational Room
- Training Room 1
- Training Room 2

LOUNGE AREA

- Committee Room
- Board Room
- Break Room
- Lounge Area
Naming Rights available for ABC Members in good standing.
Information found on next page.

BREAK AREA
www.buildhoustononline.com

Build Houston Magazine August / September 2014

31

ABC on the Move in 2015 | ASSOCIATION NEWS

PLEDGE AGREEMENT

4 9 1 0 D a c o m a S t r e e t | H o u s t o n , Te x a s 7 7 0 9 2
This pledge agreement is made by the Contributor for the purpose of memorializing the Contributors
donation to the renovation of the new ABC office building at 4910 Dacoma Street. Subject to the conditions
and requirements set forth in this agreement, ABC Greater Houston will allow Contributors to contribute to the
renovation of the ABC office building in accordance with the following plan level (check where applicable):
____President Level ($50,000)

The President Level donor receives the Vocational Room naming


rights*. The Vocational Room is the largest of all the interior rooms
and will be host to a large number of training and educational
classes and seminars. The President Level donors name will be
displayed prominently at the Vocational Room entrance and will be
featured at the top of the donor recognition wall.

____Project Manager Level ($35,000)

The Project Manager Level donor receives naming rights* for the
Board Room. The Board Room will host a number of meetings
ranging from executive meetings to board meetings. The project
Manger Level donors name will be displayed prominently at the
entrance to the Board Room and will be featured on the donor
recognition wall.

____Superintendent Level ($25,000)

The Superintendent Level donor receives naming rights* for one of


the Training Rooms. The Training Rooms will host a number of
meetings and training classes. The Superintendent Level donors
name will be displayed prominently at the entrance to one of the
Training Rooms and will be featured on the donor recognition wall.

____Foreman Level ($10,000)

____Project Engineer Level ($5,000)

The Project Engineer Level donors name will be displayed


prominently on the donor recognition wall.

____Craft Professional Level ($2,500)

The Craft Professional Level donors name will be displayed on a


large entryway paver at the buildings front entrance.

____Helper Level ($1,000)

Helper Level donors will be featured on a medium sized entryway


paver at the buildings front entrance.

____Board Chair Sponsor ($500)

Donors name will be engraved on a metal plaque and placed on the


back of a boardroom chair.
Contributor: _________________________________________
Authorized By: _______________________________________
Email: ______________________________________________
Date: _______________________________________________

The Foreman Level donor receives naming rights* in the Break


Area or the Lounge Area. The Foreman Level donors name will be
displayed prominently in the designated area and will be featured
on the donor recognition wall.
Naming rights are available only to ABC Members in good standing. By completing this pledge agreement, Contributor promises to pay to ABC the

applicable contribution amount outlined in this agreement. Failure to fulfill pledge obligation will result in immediate removal from any plaque, paver
or other space in which name appears. Inactive Membership status will result in a void of this agreement and name may be removed from any and all
applicable signage.
32

Build Houston Magazine August / September 2014

www.buildhoustononline.com

www.buildhoustononline.com

Build Houston Magazine August / September 2014

33

People, Projects, Companies & Awards | IN THE KNOW


PEOPLE ON THE MOVE

Gilbane Building Company recently announced Michael McKelvy has joined the company as President and
Chief Operating Officer. Bill Gilbane, Jr., the companys President and Chief Operating Officer since 2004, will
assume the role of Vice Chairman where he will devote more of his time to shepherding Gilbanes business
units toward long-term success and strategic growth in partnership with the companys current leadership
team while overseeing McKelvys transition. McKelvy will immediately assume profit and loss responsibility
company-wide.

MCKELVY

Travis Schultz recently assumed the duties of Divisional Manager of Cherrys Commercial Demolition. He
started out at the ground level at Cherry 16 years ago, and through hard work and dedication has worked his
way up to become a valuable asset. Travis plans on taking his own experiences and leading by emphasizing
training and mentoring within his division.
Bowen, Miclette & Britt has hired Peter L. Sullivan as Senior Vice President and Benefits Director. A 25year veteran of the insurance industry, Sullivan most recently managed his own firm, Encompass Benefits
& Wellness Management. His specialized expertise includes evaluation of clients talent acquisition and
retention strategies, risk tolerance positions, development and management of cost containment strategies,
benefits and Affordable Care Act compliance requirements and wellness plan design and management.

COMPANY NEWS

SCHULTZ

Mobil Steel president and CEO Leonard A. Bedell and Stuart Robles, Mobil Steel business development
manager, joined other Houston area businesses at a recent trade seminar sponsored by the Bilateral U.S.Arab Chamber of Commerce. The Chamber invited local businesses to hear about economic partnerships
between U.S. and Iraq during a trade ministry tour headed by Kadhim M. Jawad Al-Hasani, senior advisor
to the Iraqi Minister of Trade. Al-Hasani headed a delegation visit to Mobil Steels steel fabrication shop on
South Wayside Drive in Houston.

PROJECT NEWS

E.E. Reed Construction recently completed First Baptist Sienna Plantation, a 6,200 square-foot build-out of
worship space, classrooms, coffee area, and support area for outreach for Houstons First Baptist Church.
E.E. Reed worked with SDI Architects on this project located in Sienna Plantation, a 7,000-acre master
planned community in Missouri City.

SULLIVAN

Cadence McShane Construction Company has been selected to provide the comprehensive construction
services for Phase I of the Airtex Commerce Center on behalf of co-developers, Molto Properties and
Generational Commercial Properties. The Class A, 166,250 square-foot speculative industrial facility is
strategically situated on a 19-acre site at 431 East Airtex Drive in Houston, Texas.

SPECIAL AWARDS AND RECOGNITION

Hunter Building LLC has been selected for the 2014 Best of Baton Rouge Award in the
Prefabricated/Modular Buildings category by the Baton Rouge Award Program. Each year, the
Baton Rouge Award Program identifies companies they believe have achieved exceptional
marketing success in the local community and business category.

FIRST BAPTIST SIENNA PLANTATION

JFK AIRPORT TERMINAL 4


34

Satterfield & Pontikes Construction and its joint venture partner STV were recently honored
for its work on the John F. Kennedy International Airport Terminal 4 Redevelopment Phase
1 project. The $1.2 billion Delta Air Lines project at JFK Airport renovated and expanded
Terminal 4 and demolished Terminal 3 as part of the overhaul of one of Deltas hubs for
overseas flights. The expansion of Terminal 4 included a major addition to the concourse and
the addition of nine new international gates.
Ford Nassen announced that the legal industry referral guide Chambers USA has again
awarded top rankings for Texas construction law to the firm and its shareholders Jeffrey A.
Ford, John W. Nassen and George C. Baldwin. The 2014 edition of Chambers USA: Americas
Leading Lawyers for Business places the firm in Band 1, which is Chambers highest possible
ranking.

Build Houston Magazine August / September 2014

www.buildhoustononline.com

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Build Houston Magazine August / September 2014

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PERMIT 542

Published by Associated Builders & Contractors of Greater Houston


3910 Kirby Drive, Ste. 131
Houston, Texas 77098
(713)523-6ABC (877)577-6ABC

VISIT US ONLINE:
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I N D U S T R I A L

I N S T R U M E N T A T I O N

A N D

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