Build Houston Magazine October/November

www.buildhoustononline.
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Build Houston Magazine October / November 2014
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713.937.3005
5400 Lone Star Blvd.

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817.626.2288
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www.buildhoustononline.com
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
Robert Dias
Foster Wheeler USA Corp.
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.
David McCleskey
KBR
Rod Molyneau
JACOBS
Bob Nussmeier
Kiewit/TIC
Joe Orr
Baker Concrete Construction, Ind.
Rodney Page
Ref-Chem L.P.
Wendell Rychlik
W.T. Byler Company
William Sanchez
Oxford Builders Inc.
Christina Stone
Gaughan, Stone & Thiagarajan
Henry Villarreal
Turner Construction
Ben Westcott
Andrews Myers
Mark Williams
Bechtel Construction Services
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
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
INFINITY CONSTRUCTION SERVICES, LP:
A History of Proven Performance (p.15)
FOCUS SECTION:
Environmental Stewards of the Industry (p.21)
LEGAL NEWS:
6
EEOC Targets Employers Standard Release Agreements
8
The Affordable Care Act: Update For Construction Employers
INDUSTRY NEWS:
10
Ten Key Success Strategies From The Post-2007 Construction Industry
FINANCIAL NEWS:
12
Healthcare Reform Reporting Requirements
SAFETY NEWS:
16
How To Ruin Your JSA
18
Safety...Make A Wish
IN THE KNOW:
26
People, Companies, Projects and Awards
Aggregate Technologies Inc...................................7
All American Screening.......................................17
American Mat & Timber Co. ................................17
Baker Triangle.........................................................9
Brookside Equipment..........................................14
Cherry Companies................................................22
Cokinos, Bosien & Young.....................................11
Craig and Heidt, Inc. ............................................17
INDEX OF ADVERTISERS
Efficiency Shoring & Supply................................13
Epoxy Design Systems, Inc..................................24
Ford Nassen & Baldwin P.C..................................25
GP Radar Systems, Inc.........................................23
Infinity Construction Services, LP........................15
Interface Consulting International, Inc..................4
ISC Constructors, LLC..............................................7
Kerr, Hendershot & Canon, P.C.............................19
Locke Solutions Precast Division .........................28

Marek Brothers Systems......................................19
Memorial Hermann Health Insurance Co............14
Porter Hedges LLP...............................................27
ROMCO Equipment................................................2
Scott Macon Equipment......................................26
TCA/The Compliance Alliance L.P..........................5
Thomas Thomas & Thomas, PC...........................11
LETTER FROM THE CHAIR

Dear Reader,
It is already October and most of my tenure as Chairman is complete. I wanted to take a moment
to share my experience with ABC over the last 25 years. Thats right! I have been either directly or
indirectly involved with ABC for 25 years. Most of my direct experience has been right here with
the Greater Houston Chapter. I have served on the Greater Houston Board of Directors, and most
recently as Chairman, Ive also served as a Director on the ABC of Texas Board, the ABC National
Board, and CMEF Board, as well as participated on the CMEF Executive Committee, PAC Chair, and
many other committees both locally and nationally.
Why do I tell you this? To say that being involved in ABC, and more specifically in a leadership
position, has been one of the more rewarding aspects of my career. I want to encourage others
to get involved in the ABC and/or CMEF leadership. One of the reasons ABC Greater Houston has
been as successful as it has is largely because of the great talent we have in the local construction
industry being brought into the ABC leadership, providing fresh ideas on preserving the Merit
Shop principles in the areas where we conduct business. That needs to continue and you are neither too young nor too old to make
a difference.
The new ABC building on Dacoma continues to get a great deal of attention as the Construction and Finance Committees plow
away, getting ready for the build out and continuing to raise money to finance it. The construction drawings have been submitted
to the City of Houston for permit, a General Contractor (Burton Construction) has been selected to manage the project, and the final
selections for furniture and finishes are being completed. The one challenge we have right now is with donations. The building will
be built out; however, our goal is to make
the ABC office a showplace to demonstrate
to the public the quality and high standards
of our member contractors. If you have not
already donated to this effort, please do,
anything would be appreciated. Thank you
for your attention and stay busy!
Trouble?
Tim Ricketts
ABC Greater Houston Chairman
Director of Projects, Channel
BioRefinery & Terminals
Let us help you get back on your feet.

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www.interface-consulting.com | Houston, Texas | 713.626.2525
4
C O M I N G S O O N AT A B C / C M E F
Oct 6:
Oct 13:
Oct 15:
Oct 16:
Oct 21:
Oct 30:
Nov 5:
Nov 14:
OSHA 30 HR Begins
ABC Fall Golf Tournament at Wildcat
Alternative Dispute Resolutions Seminar
Elected Official Reception
ABC/CMEF Planning Conference
Excellence In Construction Awards Gala
ABC Member Mixer
ABC Membership Breakfast
VISIT ABCHOUSTON.ORG FOR MORE INFORMATION

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EEOC Targets Employers

Standard Release Agreements
The
Equal Employment Opportunity Commission (EEOC)

continues its aggressive enforcement agenda
turning its attention to releases used by companies in connection
with individual terminations and reductions in force. The EEOC
takes the position that releases, which infringe employees
rights to file charges of discrimination and participate in EEOC
investigations, are overly broad, misleading, and unenforceable
and therefore unlawful. The EEOC asserts that provisions requiring
blanket release of all claims, cooperation with the company, and
non-disparagement allegedly chill the rights of individuals to file
charges of discrimination and participate in EEOC and state agency
investigations. The EEOC also challenges clauses specifically
prohibiting contact with government agencies and/or cooperation
with others who filed complaints against the company, a clause
representing that the individual has filed no claims to date, and
a clause certifying that the former employee disclosed all noncompliance with regulatory requirements (including providing
a sheet to list any instances of non-compliance of which the
employee was aware). Each of these provisions is the subject of a
variety of lawsuits filed by the EEOC across the country.
All employers should be aware that the EEOC has taken a consistent
position since its 1997 Enforcement Guidance that agreements
prohibiting the filing of charges or participating in investigations
violate federal anti-discrimination laws enforced by the EEOC.
Provisions in releases prohibiting the filing of complaints or
grievances with government agencies should be avoided. Note
that a waiver of the right to recovery generally remains permissible
(i.e. you can file a charge but you cannot recover any money), and
therefore should be included in releases along with a statement
that nothing in the agreement prevents the individual from filing
a charge or participating in a government

investigation.
Because courts have not rendered final
decisions in the EEOCs pending lawsuits,
it is unclear how employers should
address claims that the other provisions
of the agreements chill individuals
JODON
rights to file charges or participate in
investigations. Employers have legitimate
interests in continued cooperation with former employees, nondisparagement, and confidentiality. In order to avoid claims of
chilling employee rights, releases and separation agreements
should clearly state that the former employees continued
right to file charges and participate in investigations is not
restricted by any provision of the agreement, including release
of claims, confidentiality, non-disparagement, covenants-notto-sue, cooperation, and representations about prior claims
and compliance issues. Employers should review their standard
release form to consider whether to strengthen existing provisions
preserving the employees right to file administrative charges
and participate in agency investigations. To avoid potential
claims, employers may wish to include greater specificity in these
provisions.
Employers should set off a statement of the protected rights
in a separate paragraph of a separation agreement, perhaps
in bold. In addition, to avoid any doubt, the employer could
specifically refer to each paragraph containing restrictions on an
employees rights (such as confidentiality and non-disparagement
provisions) in the set-off paragraph, or begin each such section
Standard Release Agreements | LEGAL NEWS

with language stating Except as otherwise provided in paragraph
[refer to paragraph protecting employees right to file charges and
participate in investigations], thus reinforcing that nothing in any
section of the agreement limits those rights.
Employers should continue to provide in their separation
agreements that, despite the employees retention of the right to
file a discrimination charge, the employee is waiving the right to
recover monetary damages or other individual relief in connection
with any such charge.
Employers should consider the length and complexity of their
separation agreements. Because the Older Workers Benefits
Protection Act requires enforceable releases be written in a
manner calculated to be understood by such individual, or by the
average individual eligible to participate, employers are advised
to revisit the complexity and language contained in template
release agreements.
Firmwide:128826778.1 800000.1000
ABOUT THE AUTHOR:
G. Mark Jodon, office managing shareholder for Littler Mendelsons Houston
office, is board-certified in labor and employment law by the Texas Board of Legal
Specialization. Mark serves the Greater Houston Chapter as one of its chapter
attorneys. He can be reached at 713-652-4739 and mjodon@littler.com.
&
Experience
ISC Engineering
Our engineers have practical,
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We understand electrical
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You can benefit from
ISC Engineering no matter
who installs your instrumentation
and electrical systems.
Call today and well prove it to you.
420 Dickinson Ave.

League City, TX 77573
281-338-2000
www.iscgrp.com
Accredited Training Sponsor
THE AFFORDABLE CARE ACT:

Update For Construction Employers
As
we move closer to 2015, there are many changes in the

Affordable Care Act that affect construction employers
directly.
The Conflicting Court Rulings
Two federal appeals court panels issued conflicting rulings on
whether the government could subsidize health insurance
premiums for people in many states, including Texas, that have
not set up state health care exchanges, instead relying on the
federal insurance exchange.
the D.C. Circuit Court of Appeals and deny

tax credits to these individuals in need of
insurance, the Affordable Care Act could
soon implode due to rising premiums and
increasingly unaffordable insurance.
The Affordable Care Acts Transition into
2015
Employers with applicable large employer
status will be given some leeway with
regards to penalty fees as we enter into 2015.
STERGIO
The United States Court of

Appeals for the Fourth Circuit CALCULATING ALE STATUS
upheld the subsidies, saying To determine whether an entity is an ALE, average the 12 month snapshot of the entitys total employees
(FT+FTEs) to determine if the average is over 50.
that a rule issued by the IRS
was a permissible exercise of
the agencys discretion. Under
this interpretation, individuals
residing in states with no health
care exchange and enrolled in
the federal insurance exchange
can receive tax credits.

However, the D.C. Circuit Court of Appeals ruled that the As a refresher, an Applicable Large Employer (ALE) has an
government could not subsidize premiums in states that have not average of 50+ full-time (FT) employees and full-time equivalents
set up a health care exchange. The court said that subsidies are (FTE) for the prior calendar year. To determine this, a calculation
available only to people who obtain insurance through exchanges must be made: Add the total number of FTs + FTEs every month
established by the states. The ruling denies tax credits to those and average it over the year. An FT averages 30 hours per week in
a month. An FTE is a term of art used to convert the total number
using the federal exchange.
of part-time hours into the corresponding total number of fullThis issue will likely be revisited by each of these two Appellate time employee equivalents. If the combined number is over
Courts, other Courts of Appeals and eventually The United 50.0, then the employer must offer affordable health care to their
States Supreme Court. However, if courts continue to rule like employees.
8
Affordable Care Act Update | LEGAL NEWS

Applicable large employers will have some transition relief those who have 99 or fewer FTs and FTEs in 2014 can avoid any
penalties with respect to the 2015 plan year. This includes any
2015 plan that extends to a 2016 calendar month that relates to
the 2015 plan; no penalty will be incurred for those months in
2016.
To meet this exception, an employers FTs and FTEs must exceed

50, for less than 120 days or four months (nonconsecutive), and
the excess over 50 must be classified as seasonal workers. A
seasonal worker performs labor or services on a seasonal basis:
work that is ordinarily performed at certain seasons or period of
the year because it cannot be continued throughout the year.
This 2015 transitional relief applies to all applicable large

employers except for one: those using the seasonal worker
exception.
By meeting these requirements, an employer who normally

would be required to offer affordable health care to their fulltime employees will not be subject to the mandate because of
the seasonal employment.
The Seasonal Worker Exception

Employers will not be considered as applicable large employers if
they meet the seasonal worker exception.
4830-4515-1261, v. 2
ABOUT THE AUTHOR:

Article was written by Anthony G. Stergio with assistance from Drew Erickson. Board
Certified in Labor and Employment Law by the Texas Board of Legal Specialization,
Anthony G. Tony Stergio has extensive
SEASONAL WORKER EXCEPTION EXAMPLE
experience in the defense of State and
In this example the employer only has a total of over 50 employees (FT+FTEs) in 4 months where the employer has Federal employment discrimination
seasonal employees. Under the exemption, these 4 seasonal months can be excluded from the ALE calculation. claims, wage and hour compliance,
noncompetition
agreements
and
employment policy design and review.
He speaks frequently at employmentrelated seminars and also counsels
clients regarding developments in
various areas of State and Federal
employment law.
acoustical | drywall | eifs | plaster | prefab | stone systems | stucco | bakertriangle.com
Bob Baker, Founder
Bob Baker founded BakerTriangle 40

years ago and had a deep desire to
provide the highest quality workmanship
in the drywall and plaster industry. His
legacy continues today as a thirdgeneration company dedicated to
continuing the values and standards
he began so many years ago.
BakerTriangle is structured for quality.
BT40
1974
build houston 2014.indd 1
2014
1/15/2014 8:35:43 AM
Ten Key Success Strategies From

The Post-2007 Construction Industry
Since
the economic downturn hit the construction

industry, many companies have taken a deep
look at themselves, re-evaluating their services, clients and
markets, as well as their vision and strategic goals. As a result,
companies have started to redefine themselves looking at new
and innovative ways to deliver projects, interact with clients and
pursue work. Select companies have been very successful at
making these decisions and are emerging from the recession as
lean, innovative and very competitive players. Below, are ten best
practices from these firms.
1. Create a zipper-line of tiered employee contact with clients.
While C-level staff might have an opportunity to hit the golf course
with client leadership more often, management should press for
midlevel and field employees to develop relationships with peer
personnel at client firms. Interaction up and down the hierarchy
will not only increase the firms presence with clients, but will
also offer an inside track and build a foundation for collaboration
between future leaders.
2. Innovate or befriend those at the cutting edge. If a firm is
ahead of the pack in a limited market space, technologies and
concepts such as BIM and IPD might have less interoperability for
slower-moving clients or partner firms. This should not hold the
firm back from seeking innovation and efficiency through the best
tools on the market. Companies can use strategic partnerships
or cross-regional relationships to leverage new technology, build
capabilities and benchmarking, as well as offer new solutions to
clients.
3. View competitors as potential collaborators. Larger firms
might muscle in on a smaller size contracts, but can also prove
complementary on larger contracts in need of skills beyond a
10
smaller firms core competencies. Likewise,

smaller companies may offer specialized staff
or capabilities on a larger project that a larger
firm is looking to shepherd.
4. Use strategic acquisitions to open up
new markets. A companys track record as a
leading contractor in one geography may not
provide the currency needed to crack other
HOOVER
geographic markets, whether across the state
or across the country. Targeted, mutually
advantageous acquisitions of well-matched companies in the
new geographic market can provide people on the ground, as
well as access to connections within a short time frame. (To learn
more about acquisitions in the construction industry download
FMIs whitepaper, After the Sale: Acquisitions and the Art of
Integration at www.fminet.com).
5. Position the firm for success in multiple markets. In this slow
recovery, no one is taking backlogs for granted. As many firms
look to reorganize and rebuild, including bringing on new staff, the
opportunity arises to diversify into new markets and geographies
placing profitability on a larger revenue base for the future.
6. Fully utilize a multi-skilled workforce. With many companies
having cut the fat in the past few years, firms must leverage all the
skills of their employees. In-house or self-performed capabilities
can make a difference on margins, time and manpower, while allaround adaptability can make a firm indispensable to satisfied
clients.
7. Create effective processes and cultivate detailed estimating
skills. In a low-bid environment, price is still a gateway challenge
10 Key Success Strategies | INDUSTRY NEWS

for many firms. Bidding the right-size
project and having a strong sense of where
efficiencies lie will keep projects within
budget, building client confidence and
repeat business.
8. Tailor a job-specific mission statement
to each client. With construction firms
clamoring for projects, having the
necessary capabilities to complete a
project is not enough. Understanding the
clients needs on a project, no matter how
many similar projects a firm has under
its belt, will drive the firm to satisfy the
customer, fostering a positive relationship
based on trust and understanding.
9. Business development is present in
the everyday actions of your employees.
Those on the front lines project
managers, field staff and superintendents
can make or break a reputation. If
employees understand a little about how
their interactions with clients, competitors
and partner firms impact the business, they
can take on subtle business development
roles simply by building solid, trust-based
relationships at their respective levels.
10.
Understand
how
technology
serves your niche. BIM and integrated
project delivery are proven competitive
advantages, but most firms and clients only
use certain capabilities that speak to their
specialized needs. Learn what processes
and capabilities can be of the most benefit
to the company labor cost management,
orders tracking, prefabrication shops,
building modeling and work to optimize
the knowledge of technology useful for
everyday projects.
To learn more about these strategies,
download FMIs free whitepaper, Adjust,
Adapt, Act: Winning Stories from the Post2007 Construction Industry at www.
fminet.com
ABOUT THE AUTHOR:
Sabine Hoover is a senior research consultant with
FMI Corporation and has more than 10 years of
applied research experience. During the past ten
years, Sabine has specialized in market research
and thought leadership focused on the design
and construction industry, and has conducted
comprehensive research studies for a wide range
of industry stakeholders. Sabine may be reached at
303.398.7238 or via email at shoover@fminet.com.
Celebrating 25 years
Cokinos, Bosien & Young would like to thank the many clients, friends
and supporters that have helped us grow into a full service law firm with
clients throughout Texas, the United States and internationally. We could
not have done it without you, and we look forward to the next 25 years!
FOUR HOUSTON CENTER 1221 LAMAR STREET 16th Floor HOUSTON, TX 77010 Tel: 713-535-5500
www.cbylaw.com
HOUSTON
DALLAS /FT. WORTH
SAN ANTONIO
AUSTIN
11
Reporting Requirements
Beginning
in 2016, employers that sponsor

fully or self-insured group
health plans are required under PPACA to report information
to the IRS about the health coverage provided during the prior
calendar year (2015).
The reporting requirements, found in IRC Sections 6055 and 6056,
are meant to facilitate the enforcement of PPACAs individual and
employer mandates, and to assist the federally facilitated and
state run health insurance marketplaces in making premium tax
credit and cost-sharing subsidy determinations. Large employers,
those with 50 or more FTEs (including equivalents), regardless
of when they become subject to PPACAs employer mandate,
will also have to report on their employer mandate obligations.
In addition, employers are required to provide employees with
individual statements that summarize the IRS report, which
is meant to assist individuals in complying with the individual
mandate.
There are two separate reporting and employee statement
requirements found in two separate sections of the Internal
Revenue Code (IRC): 6055 (all employers that sponsor self-insured
plans) and 6056 (all employers that are subject to the employer
mandate). Employers subject to both 6055 and 6056 may combine
12
their reporting. Grandfathered

status of a plan does not affect the
employers reporting obligations.
Due Dates
Generally, the 6055 and 6056
reporting due dates mirror the
CHRIST
TAYLOR
Form W-2 dates. For the first year
INSURANCE
reporting on 2015 calendar year
compliance, reports are due March 1, 2016 or March 31, 2016 if
filing electronically. This date applies regardless of the plan year
of the employer sponsored coverage.
Forms and Methods for Reporting
Reporting will be made on several different IRS forms, none of
which have yet been released by the IRS. The specific forms that
must be filed depend on the employers size (above or below 50
FTE), and the plan type (self insured vs. fully insured).
With respect to reporting methods, when filing with the IRS,
employers may file by paper or electronically. They may also
use third parties to file on their behalf, although the employer
remains liable for any reporting failures.
Healthcare Reform | FINANCIAL NEWS

6055 Reporting: Employers of Any Size with Self Insured Group
Health Plans and any other entity that provides minimum essential
coverage (MEC) to individuals.
the opportunity to enroll in MEC by calendar month; and any

other information required by the IRS once the appropriate forms
are released.
MEC includes any major employer sponsored medical plan, but

does not include excepted benefits (ie, flexible spending accounts,
stand alone vision and dental, retiree-only plans, etc). Note that
covered individuals include spouses, dependents and former
employees. Employers must also include all covered individuals,
even if those individuals are not common law employees. For
example, if an employer is covering independent contractors
or board members, they will need to gather the appropriate
documentation to ensure that all covered individuals are provided
with the required report.
Penalties
IRC sections 6721 and 6722 contain penalties for employers that
fail to execute their 6055 and 6056 reporting. The penalty is
generally $200 per failure per year, with a maximum penalty of
$3 million. For 2015 reporting only, no penalties will apply where
the employer is using good faith efforts to comply, but not for a
total failure to file.
6056 Reporting: Employers with at least 50 FTEs sponsoring fully

or self-insured group health plans
Section 6056 reporting applies to all employers subject to the
employer mandate. Just like 6055, 6056 requires employers to
provide specific information in their reports including the number
of FTEs for each month during the calendar with their share of
the MECs self-only premium, by calendar month; name, address,
DOB of each FTE employed during the calendar year; certification
as to whether the employer offered its FTEs and their dependents
Summary
Although the specific IRS forms for reporting have not yet been
released, employers should prepare to report by familiarizing
themselves with the rules, collecting employee information, and
establishing processes and procedures to handle the reporting.
Employers should work closely with their advisors in that
preparation.
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
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You may not know us yet, but were part of
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EXPECT MORE FROM YOUR WORKFORCE.
With John Deere, you can expect tough equipment with the power
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Infinity Construction Services, LP | COVER STORY
A History of Proven Performance
The
Infinity Group is a third generation, family owned alliance

of four separate entities that provide construction services
ranging from groundbreaking to startup, as well as ongoing maintenance
services. The family owned business began in the 1940s, and has been led
by the third generation since 2003.
Their management and key personnel bring years of experience to the areas
of construction management and execution, environmental health and
safety and craft workforce development. The team successfully executes
chemical and refining projects, as well as provides ongoing maintenance and
turnaround services.
Infinity Construction Services, LP is a general mechanical contractor
providing full services to the chemical, petrochemical and refining industries,
specializing in structural steel erection, turnarounds, piping fabrication and
erection, and rigging and equipment installation. It also provides scaffolding,
painting and insulation services.
The other members of The Infinity Group are United Electrical &
Instrumentation, Ltd., Brazos M&E, Ltd. (Civil), and Infinity Maintenance
Services, LP. Please look for their profiles to appear in future issues.
Infinity Construction Services, LPs relationship with its aligned companies
gives it the ability to offer a full range of services, including electrical,
instrumentation, civil, and remediation.
The Infinity Group family of companies has a history and reputation of
providing experienced and performance-oriented personnel to our clients
through our offices in La Porte, Clute, and Port Lavaca, Texas. Please visit
their website at www.inf-grp.com to learn more, or call 979-388-8579.
Infinity Construction Services Installs Equipment

in Freeport, Texas.
Infinity Construction Services, LP is a full service

provider with an extensive range of construction
services in the Gulf Coast region, including:
Shop Fabrication Services
135,100 ft2 State of the Art Facility
ASME Codes A, U, PP, S and R
Carbon, Stainless and Alloys
Full QA/QC Program
Onsite Support and Shoe Fabrication
Schedule Control
1,200 Avg. 3 Spool Capacity per Week
Up to 5,000 Spools per Month
Blasting and Coating Services
30,820 ft2 Indoor Facility
Two Indoor Paint Booths
NACE Certified Supervision
16,000 ft2 Lay-Down Area
Capital Projects Construction
Structural Steel Erection
Piping Fabrication and Erection
Equipment Setting
Construction Management
Pipe, Steel and Equipment Field Services
Painting
Scaffolding
Insulation
Specialty Welding/Furnace and Boiler Re-Tubing
Welder at Infinity Construction Services piping

fabrication shop located in Clute, Texas.
15
How To Ruin
Your JSA
Ben
Steins book How to Ruin Your Love Life gets to

the point. With chapter titles like Point Out Your
Lovers Imperfections In Public and Make Fun of Your Lovers
Family just reading the contents page is enough to get the point.
So, Im going to sum up How To Ruin Your JSA Stein-style. But first,
a little back story so you know why Ruining Your JSA is a bad idea.
Law firms hire me as a consulting expert. We most often defend
the Owners. The Plaintiff is most often a contractors employee.
Without fail, the JSA1, is at the center of the case. The Owner and
Plaintiff are both relying on the JSA to prove the other guy is guilty
as charged. Pretty much our team wins. Is it because of great
attorneys and an amazing consulting expert? Perhaps in part. But
the main reason we win is the contractors JSA stinks.
A JSA is a form that is used as a tool throughout industry to ensure
that workers plan their tasks, identify the dangers associated with
the task, and then plan for how they will eliminate the dangers.
Typically these are done each day, prior to work commencement.
There is no standard JSA form. Some are complex with lots of
multiple choice boxes to check and others are simple, with three
aligned columns where you fill in the steps, the dangers, and the
safety measures.
If done right, the JSA is a blessing that will very likely keep workers
working inside the lines of their task. When this happens, the
JSA does exactly what it is designed to do: prevent accidents and
injuries. However, more often the JSA is not done rightand the
16
result of a badly written JSA is that it will

NOT prevent accidents and injuries. With
this in mind, lets look at how to ruin your
JSA.
How To Ruin Your JSA
(WARNING: DO NOT TRY THIS AT WORK)
Sit in your truck and fill out the JSA
AMAVI
AFTER your crew starts working.
Dont cover the JSA with your crew;
but make sure they sign it.
Dont list all the steps in the task. Too time consuming. Just
say Install Temporary Lighting or Install Roof.
Dont bother putting the individual steps required for the
task in the order they are to be performed. Assume everyone
knows.
When listing the dangers, dont bother with the really
obvious ones. Heck, dont bother with the obscure and easy
to miss ones, either.
Leave the project name and date blank on the JSA and then,
after you fill it in, photocopy it and use the same one over
and over. All you do is fill in the new project name and date.
Really saves time.
On forms with checkboxes, check a lot of boxes about hazards
and then never check the boxes with the corresponding PPE.
When writing down how the employees should avoid the
danger, never give meaningful direction that is easy and
simple to follow like use a fall restraint system and tie off to
overhead structure. Instead, say things like dont fall or
How To Ruin Your JSA | SAFETY NEWS

be careful.
If things come up that change the task, just carry on. No
need to stop and update the JSA.
Never keep the JSA with the crew so they can use it as a
guide. They might lose it. Put it in the job file.
Never verify the JSA by watching the crew to make sure what
the JSA says is EXACTLY what the crew does.
If you follow this advice, you have done everything we see over
and over again in almost every litigation case we work on. And, if
you follow this advice, you have also made a big mistake. HUGE!
JSAs come in a myriad of formats and names (ISPA, JHA, SWAP, SEP, etc.) but they
are all designed to function as a job planning and safety ensuring tool.
1
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 Top 50 Most Influential Women and one of the Whos Who in Safety by
Compliance Magazine. 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.
17
Safety
Make a wish
There
is a national charity for children with terminal

illnesses that provides them an opportunity
to Make a Wish. Its kind of like the senior citizens bucket list.
Jack Nicholson and Morgan Freeman were stars in the Bucket List
playing two terminally ill cancer patients who decided to break
out of the hospital and live their last days to the fullest. We do
a similar thing: going through life wishing and hoping that things
would be like the old days, that things would be better than they
are, and for sure that fate would shine on us with more brilliance.
Sorryits not to be unless we make it happen. In school, I never
could understand why a person wanted to study history (of course,
I like to now). I mean you cant change anything; world war battles
wont have a different victor, nor will sport events have a different
winner. But, as humans, we still wish for different outcomes, and
we wish to complete our bucket list in our own way.
Hope and Change
Change wont happen unless humans want it and are willing to
make alterations to cause it. Weve heard from national leaders
that all one must do is hope for change. Theyre wrong. Change
cant come unless something different happens. Remember when
kids used to say, Im going to be an astronaut or, Im going to
be an engineer? Surely kids can have dreams and ambitions,
but dreams do not come true by wishing. We can only become
what we plan for, act upon and work diligently for. If change is to
happen one must be fully dedicated to a cause and do everything
prudent, ethical, legal and morally right to make it happen. Just
ask a safety professional: Every incident and injury has a cause.
Change as well has a cause. Add a cause and change can happen.
18
Traditional Wishes
The traditional wish list for construction
includes
planning,
cost,
schedule,
materials, manpower, quality, common
sense and safety. To many, this list is
called a priority list. Its what we plan to
do well if only customers, contractors, the
public or the weather doesnt change. If
GHORMLEY
something changeswell, thats why it
contains priorities. Many companies erroneously place safety in
the bucket with the priorities. Maybe they dont know any better.
In the modern world of executing construction work injury-free,
the bucket of priorities cannot contain safety. There is a reason
this bucket is called the traditional priority bucket. The fact that
the items in this bucket have risk associated with it means that
humans are always struggling to get the proper mix of the items.
Safety cannot exist as a priority. Safety must be a value that
never changes. The safety as a value represents our families,
our friends, our co-workers and ourselves. The care and love for
others should never change to be a priority.
In the traditional bucket I placed common sense. It belongs
there because it is a priority and good sense is not very common.
Why? Because good business sense goes out the window for
production, schedule and cost. In case one hasnt noticed in
the past fifty years, when budgets get tight and production gets
behind schedule, common sense becomes scarce. We allow
our common business sense to override good judgment and
wisdom. To meet deadlines, contractors will cut corners in safety,
Safety... Make A Wish | SAFETY NEWS

postpone training and education and even use less-skilled and
less-qualified workers, placing them in harms way.
The Value Wish
If we really care for workers as we should, there would be at least
two construction buckets: One with values of safety and health,
the other with priorities. The value bucket actually contains
several elements: communication, caring and commitment.
All three work in conjunction for zero injury success. If
communications are up and running, training, teaching, and
asking employees their ideas is also running. A quality project
worksite has full communications and information flow and
asking employees for their opinions helps create buy-in and
co-ownership of the safety process. Caring for workers means
that employees and their families are included in project safety
success celebrations and means that workers are recognized
and rewarded for safety performance and achievement.
When communications and caring are in order, it shows that
leadership is committed. And when leadership is committed,
an outstanding zero injury project outcome can be the normal
everyday result.
Priorities vs. Values
We could be like Jack and Morgan, doing lifes undone fun
things at the last moments of life, or we can act now while there
is time. Doing whats right for others should be in our value
bucket. In the world of construction, getting values right makes
our priorities better. When family, friends and co-workers are
cared for, its funny how our priorities of budget, quality and
production are better as well. Putting the safety of workers in
the value bucket is the right thing to do. When its done, youll
know youve done the right thing for the right reasons. And
you dont have to worry about making safety wishes, youll be
getting the results youve always wanted.
ABOUT THE AUTHOR:
Bennett Ghormley has more than 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.
WE KNOW OSHA LAW
OSHA CITATION DEFENSE ON SITE OSHA

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GENERAL INDUSTRY TRAINING AND
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713.681.2626 | marekbros.com
19
Environmental
Stewards of the
Industry are . . .
Cleaning Up
By Megan Brann, Assistant Editor
20
Whether
its commercial, industrial or

construction in general, a negative
connotation can often be associated with the relationship
between the builder and their effect on the environment.
But the attitude toward environmental protection and
sustainability has changed and continues to evolve. Companies
are putting sustainability in the forefront of their business
model to become environmental stewards of the industry. Their
approaches may be different, but the goal is the same an
improved mindset on environmental protection. A lot of effort is
going into ensuring there is minimal impact on the world around
the worksite.
Stormwater and the SWPPPs
Worksites are very familiar with the Stormwater Pollution
Prevention Program, commonly referred to as SWPPPs. The U.S.
Environmental Protection Agency (EPA) designed the program to
minimize negative effects caused by stormwater erosion. A SWPPP
is described as more than just a sediment and erosion control
plan. It describes all the construction site operators activities to
prevent stormwater contamination, control sedimentation and
erosion, and comply with the requirements of the Clean Water
Act, according to the EPAs SWPPP development guide.
Some may just know it for its price tag - a mandatory price tag
since it is required. It costs worksites time and money to create,
develop and institute a SWPPP. Katrina Wood, Director of Business
Development at Environmental Allies, said the SWPPP program is
still in its infancy stage, and some fail to see its importance.
Each year 1.2 trillion gallons of untreated sewage, stormwater,
and industrial waste are dumped into US water1. In addition, as
stormwater runoff moves across surfaces, it picks up trash, debris,
and pollutants such as sediment, oil and grease, pesticides and
other toxins. Even during a short period of time, construction
sites can contribute more sediment to streams than would be
deposited naturally over several decades. Excess sediment can
cloud the water reducing the amount of sunlight reaching aquatic
plants, clog fish gills, smother aquatic habitat and spawning areas,
and impede navigation in our waterways2.
11 Facts About Pollution. DoSomething.org. N.p., n.d. Web. 04 Sept. 2014.

Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites. Washington, D.C.:
U.S. Environmental Protection Agency, 2007. US Environmental Protection Agency. EPA, 2007. Web.
1
2
(Continued on page 22)
21
The environment is increasingly taxed with

the ever growing population and expansion
of commercial, industrial, and residential
development, Wood said. And if SWPPPs
werent in place vital drainage channels,
detention ponds, and the natural aquatic
habitats to which they inevitably lead would see
a drastic increase in contaminates that could
negatively affect the ecosystem and potentially
our potable water supply.
Environmental Allies and similar companies
challenge this mindset and behavior with their
business model by educating the industry on
new construction projects and existing storm
water features. Wood said SWPPPs are no
longer an afterthought, but an issue to be taken
seriously.
The Port of Houston Bardella Crane was alongside and as tall as the 610 ship channel bridge.
ODIN dismantled it and separated the numerous grades of recyclable components and sent to the
various mills.
Progress is made each year, and the construction industry is

finally realizing that storm water pollution prevention will be
a permanent fixture in the regulatory environment. Its here
to stay and will only become more stringently enforced over
time. Improvement is always the goal, but many members of
the construction industry have taken ownership of our fragile
environment and have made vast improvements over the past

decade, Wood said.
Recycling the Waste
Hazardous materials do not simply disappear after a construction
project is completed. It needs to be disposed of properly in a way
that has minimal impact on its next home. This is Mike Mitchums
job. As President and COO of ODIN Demolition, Mitchum said they
recycle any way they can. Our job is to take something dangerous
and find a home for it, which requires us to think outside of the
box.
Mitchum and ODIN Demolition educate the dog and pony shows
and the smoke and mirror companies simply portraying a safe
and hazard-free business and attempt to convert them into the
real thing.
People get tired of getting their hands slapped, Mitchum said.
Its all about pushing that angle behind a proper blend of attitude
and behavior. You also need written documentation because
when OSHA or the EPA shows up at your door, they dont ask
management, who has the trained answers, they ask the workers.
It is just as important to prove what you didnt do as proving what
you did.
Safety is a top priority, especially when dealing with hazardous
materials. Mitchum said a lot of effort goes into keeping people
safe inside plants and dangerous worksites. But what happens
when employees go home? Do they wear the work boots in the
house?
Thats one of my pet peeves, Mitchum said. I feel safer in a
plant, than I do outside of one. All of the proper precautionary
22
Environmental Stewards | FOCUS SECTION

all of the hazards, including the physical
hazards, and make sure that everyone
on and off the job are aware of the
contamination chain.
You have to think about the total chain of
custody. If a truck is carrying a hazardous
chemical, and it overturns, you have to
think about the process of cleaning. You
have to do your due diligence while it is
under your control, Mitchum said.
Due diligence, at times, takes being
creative. Through his job and proclaimed
passion, Mitchum now knows the
ingredients of a multitude of materials.
Engineering rendering of the carbon capture system that NRG and
This helps him figure out where things
JX Nippon Oil and Gas Exploration are building southwest of Houston.
can be recycled. For example, ODIN
Demolition was approached to demolish
measures are taken to keep from contaminating employees,
but companies need to enhance protocol to know where these two air separation units, a monstrous product that was not only
large but very challenging. They key to being successful on the
materials are going when they leave the gates.
project was recycling as much as feasibly possible. Come to find
This requires that same proper blend of attitude and behavior, out, one of the waste streams that traditionally would have
Mitchum said. ODIN Demolition helps educate project owners
(Continued on page 24)
and companies on how to enhance that protocol. They itemize
23
gone into a landfill could also be used in some fertilizers after

proper treatment. They took something that would have cost a
significant amount of money and landfill space and turned it into
a marketable product that was used to enhance the quality of
garden soil.
Thats our job, to find creative ways to recycle, to turn hazardous
into non-hazardous. Or, at least, we try to extend the shelf-life,
Mitchum said. Protecting the environment is the cornerstone of
everything we do.
Sustainability Matrix
Energy: a complex system used to power our lives as well as our
worksites and industrial plants. Its all used, but its not all wasted.
NRG Energy, Inc. (NRG), the second largest power-producer in
Texas, has lists of sustainability projects not only in this state but
across the country.
One of which is putting their energy into reforesting the wetlands,
protecting threatened or endangered species, educating youth
about ecosystems, reducing and recycling waste, conserving
energy and decreasing chemical use on NRGs sites.
For us, sustainability is about more than the environment, NRGs
Director of Communications David Knox said, its a complex
24
matrix of priorities that work in tandem to not only protect air,

water and ecosystems, but also to support a healthy society and
promote the highest ethical standards in business.
Knox said environmental protection is front and center of NRGs
business model. So much so, NRG launched a company-wide
targeted eco-efficiency program to identify areas to increase
usage-efficiency, reduce consumption and reduce cost.
As far as what needs to change, Knox said consumers, residential
and commercial, need to be better educated about their impact
on the environment and subsequently have better, more plentiful
options to choose to live a more sustainable lifestyle. We, the
energy industry powers, some of the biggest contributors of
carbon emissions, also need to hear every persons voice to take
action and put real power behind debates and discussions.
The solution is beginning with the attitude of doing the right
thing, and the electricity industry has not gone without facing
challenges. In 2011, the EPA instituted a last-minute inclusion of
Texas coal plants under the final Cross-State Air Pollution Rule
(CSAPR). The rule mandated much stricter limits on emissions of
sulfur dioxide (SO2) and nitrogen oxide from coal and natural gasfired power plants beginning in January of the next year.
Environmental Stewards | FOCUS SECTION

Knox said when NRG looked at the
challenges of CSAPR, they started with a
mindset of how to make it work, rather than
fighting it. In the end, NRG developed a plan
to comply with those standards.
NRG continues to monitor our
environmental impact as we pursue a
sustainable energy future. As we grow
our generation portfolio, our generation
enhancement initiatives must keep pace,
Knox said.
They arent alone. Others have begun to
follow suit with the realization that their
impact today is much greater than a single
day. It affects their children, grand children
and great grandchildren, Mitchum said.
NRGs vision to catalyze the shift to a
sustainable energy future is bold and will
require the focus of the entire company to
achieve, Knox said.
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.
The Vision
NRG, ODIN Demolition, Environmental
Allies and other like-minded companies
hold on to that vision of sustainability and
continue to pave a new bold path leading to
minimized environmental impact.
This may not be an easy path as standards
are expected to be raised. For example,
Wood said 2015 will see a few key changes
in the regulation of geographically specific
waterways that will place a heavier burden on
contractors. Through the use of TMDL (Total
Maximum Daily Loads Program) testing, the
Texas Commission of Environmental Quality
will keep a closer watch on high risk bodies
of water throughout the state of Texas.
Even so, a company-wide mindset of positive
change will assist these environmental
stewards of the industry toward their
vision; or in the words of Mike Mitchum,
companies will require that proper blend
of attitude and behavior between action,
education and enforcement to achieve
the highest standards of environmental
protection. - MB
Dont leave them to chance.

BuildHouston-Twothirds.indd 1
7/20/2014 4:27:52 PM
25
CLS TECHNOLOGY, INC.
COLVARD
JOHNSTON
MINER
PEOPLE ON THE MOVE
Ford Nassen is pleased to announce that Todd H. Colvard has

joined the firm in an Of Counsel position in the Houston office. Mr.
Colvard is an experienced litigation attorney with a background
in both prosecuting and defending litigation matters involving
construction defects, breach of contract, breach of warranty,
employment related claims, real estate disputes, personal injury,
premises liability, product liability and toxic tort.
Environmental Allies has promoted Katrina Wood to Director of
Business Development. Wood joined the company eleven years
ago and has held positions in both Sales and Project Management.
Primoris Energy Services (PES) is pleased to announce the hiring
of two new Business Development associates, Jude Rolfes and
WHEN SERVICE
M A T T E R S
Exceptional Service,
Exceptionally Maintained Machines
STARK
Travis (Lee) Johnston. Jude comes from DKRW Advanced Fuels

where he served as the SVP for Engineering, Construction and
Operations. Lee Johnston is an August graduate of Stephen F.
Austin State University where he earned his Bachelor of Business
Administration with an impressive 4.0 GPA.
Gilbane Building Company announced that Thad Miner has been
hired to join the companys Houston-based office as a Senior
Project Executive for the Southwest business unit. Miner began
his career in the commercial construction industry in 1982 and
brings over 30 years of experience with him to Gilbane.
Cherry Companies has recently announced the promotion of
Zach Stark to Divisional Manager of Cherrys Industrial Demolition
division. Stark has been with Cherry for nine years and started his
career as a burner on the field. He eventually worked his way up
to project manager before assuming his new responsibilities.
Satterfield & Pontikes Construction has hired Lori Volan as
Executive Vice President, Administration. She will oversee S&Ps
administration, accounting, finance, systems, human resources
and talent development departments. Volan brings 28 years of
experience in the construction industry.
COMPANY NEWS
CLS Technology, Inc. and CLS Fire Protection LLC recently moved
into their new headquarters at 5206 East 3rd Street in Katy.
Marek Sawing and Drilling recently added a Mobile Ready Mix
Division to complement their saw-cutting services.
PROJECT NEWS
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
26
Phone: (713) 721-7070

WWW.SMEQUIPMENT.COM
Cherry Companies has begun the demolition of Houston

Methodist Hospitals Favrot Hall, located in the Texas Medical
Center. Specialized demolition equipment and trained crews will
continue to work throughout the next few months to remove the
thirteen-story building. The structure once housed apartment
units for extended-stay patients families and residency students.
Hou-Scape, Inc. completed the renovation of a community
pool, playground area, pavilion, tennis courts and walkways at
Shadowbend Park in The Woodlands. This $1.2Million project
was designed by White Oak Studios, and Hou-Scape, Inc. was the
general contractor.
People, Projects, Companies & Awards | IN THE KNOW
CHERRY COMPANIES
HOU-SCAPE, INC.
E.E. REED CONSTRUCTION
SPECIAL AWARDS AND RECOGNITION
E.E. Reed Construction recently completed construction of

the new Texas Instruments campus in Sugar Land. The project
features a 165,000 square foot, three-story, tilt-wall and glass
office building, R&D lab, and a 150,000 square foot, three-level
precast parking garage. This project is pursuing LEED Silver
certification and was designed by Powers Brown Architecture.
Mobil Steel International, Inc. general manager Mark Scott picked

up two prestigious trophies at southeast Harris County car shows
including the Mayors Choice best of show award at the Forth Fest
Truck & Car Show in Pasadena and a Texas Outlaw Collector Gun
Award for best in class at the Texas Outlaw Challenge Horsepower
Car Show.
American Commercial Contractors announces the start of

construction on DTL Technologies office and warehouse. The
45,000 square foot tilt-wall building is in American Commercial
Contractors new rail-served, 130-acre Union Crossing industrial
development at Telge Road and Highway 290 in Northwest Harris
County.
Haley-Greer, Inc. is proud to have been selected by the Texas

Society of Architects as a 2014 Artisan Award recipient. The
award recognizes exceptional members, firms, individuals, and
organizations for their outstanding achievements in support of
the profession of architecture, the built environment, and the
quality of life in Texas.
Our construction team

relationships
by providing clients with solutions based on experience.
Porter Hedges assists owners, contractors, subcontractors, suppliers, lenders and design professionals who manage the risks of
construction projects. From commercial to industrial and infrastructure construction, our experienced counsel can take you
from contract formation to project completion, including the complexities of financing projects. Our breadth of experience
helps clients avoid claims and resolve them when they happen.
Chambers USA has ranked our construction practice among the best in Texas (Band 1) for ten consecutive years,
noting in particular our subject matter knowledge and responsiveness to clients needs.
1000 Main Street, 36th Floor
Phone: (713) 226-6000 Fax: (713) 228-1331
porterhedges.com
PORTER HEDGES LLP, ATTORNEYS AT LAW
Attorney Advertising
27
Published by Associated Builders & Contractors of Greater Houston

3910 Kirby Drive, Ste. 131
(713)523-6ABC (877)577-6ABC
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a charge or participating in a government

Standard Release Agreements | LEGAL NEWS

420 Dickinson Ave.

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Build Houston Magazine October / November 2014

THE AFFORDABLE CARE ACT:

we move closer to 2015, there are many changes in the

the D.C. Circuit Court of Appeals and deny

The United States Court of

Build Houston Magazine October / November 2014

Affordable Care Act Update | LEGAL NEWS

To meet this exception, an employers FTs and FTEs must exceed

This 2015 transitional relief applies to all applicable large

By meeting these requirements, an employer who normally

The Seasonal Worker Exception

ABOUT THE AUTHOR:

acoustical | drywall | eifs | plaster | prefab | stone systems | stucco | bakertriangle.com

Bob Baker, Founder

Bob Baker founded BakerTriangle 40

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Build Houston Magazine October / November 2014

Ten Key Success Strategies From

the economic downturn hit the construction

Build Houston Magazine October / November 2014

smaller firms core competencies. Likewise,

10 Key Success Strategies | INDUSTRY NEWS

DALLAS /FT. WORTH

Build Houston Magazine October / November 2014

in 2016, employers that sponsor

Build Houston Magazine October / November 2014

their reporting. Grandfathered

Healthcare Reform | FINANCIAL NEWS

the opportunity to enroll in MEC by calendar month; and any

MEC includes any major employer sponsored medical plan, but

6056 Reporting: Employers with at least 50 FTEs sponsoring fully

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