build houston magazine august/september issue

5/21/2018 Build Houston Magazine August/September Issue

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Build Houston Magazine August / September 2014 www.buildhoustononline.com


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2 Build Houston Magazine August / September 2014 www.buildhoustononline.com


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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

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

COVER FEATUREBIG ENTERPRISE:The Builder of Choice for Metal Building Projects (p.19)

SAFETY ON THE JOBSITE:Contractors and Safety Equipment Evolve To Meet TodaysUnique 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 Market11 High School Girls in Houston Area get Crash Course in Construction at MAGIC Camp

FINANCIAL NEWS:13 Top 12 Construction Cash Flow Management Strategies15 Group Health Plan Compliance Quick Check

SAFETY NEWS:17 Safety Rep: Qualified or Questionable20 Greener Grass In The Safety Field

ASSOCIATION NEWS:23 CMEF Graduates 44 Students from Craft Training Program28 Local ABC Members Come Together to Help the Association Make a Bold Move for

2015.IN THE KNOW:34 People, Companies, Projects and Awards

I N D E X O F A D V E R T I S E R S

ABC LEADERSHIPChairTim RickettsChannel BioRefinery & Terminals

Chair ElectDarlene EastHoles Inc.

Vice ChairMike HollandMarek Brothers Systems, Inc.

SecretaryWarren AdamsonS&B Engineers and Constructors

TreasurerLeonard BedellMobil Steel International

2014 BOARD OF DIRECTORS

Brian AndersonG.R. Birdwell Construction

Kerry BennettISC Constructors, LLC

Kevin BordelonZachry Industrial

Robert BurelsmithE. E. Re ed Construction, L. P.

Sam CraigCraig & Heidt, Inc.

Matt DanielKBR Building Group

Marcus DealCB&I

Matt ElliottSpawGlass Construction Corp.

Dinesh GhiaGilbane Building Company

John GolasheskyTurner Industries Group, LLC

Brandon MabilePerformance Contractors, Inc.

John MarshallSatterfield & Pontikes Constr. Inc.

Rod MolyneauJACOBS

Bob NussmeierKiewit/TIC

Joe OrrBaker Concrete Construction, Ind.

Rodney Page

Ref-Chem L.P.Frank RusichTellepsen Industrial

Wendell RychlikW.T. Byler Company

William SanchezOxford Builders Inc.

Billy SpiesKBR

Christina StoneGaughan, Stone & Thiagarajan

Henry VillarrealTurner Construction

Ben WestcottAndrews Myers

Mark WilliamsFoster Wheeler USA Corp.

Ronnie WillsAggregate Technologies Inc.

Lohn ZyliczD.E. Harvey Builders, Inc.

Build Houston Magazine3910 Kirby Drive, Suite 131Houston, Texas 77098(713)523-6222www.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

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


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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 fr

around the country to storm the capital in Washington D.C. for the annual ABC Legisla

Conference. Most of the discussion with our legislators included topics involv

burdensome regulation and workforce development. All of us in the construction indu

know and understand the challenges with a qualified workforce in this area, but are y

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

proposed, would require most construction workers to be protected from silica levels that cannot be accurately measu

with todays technology! Can you imagine several hundred construction craftsmen wearing respiratory protection a

Tyvek suits for the duration of a construction project? This is not only silly but unnecessary. The legislators we spoke w

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 throu

the back door in conjunction with the Department of Labor with Ambush Elections (NLRB) and Persuader regulati

(DOL). These rules make it much easier for unionization by shortening the period between the time when a union fil

representation petition and an election takes place (ambush election) as well as limiting an employers ability to provbalanced 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 (extende

permanent with both our representatives and senators. This includes accelerated equipment depreciation for sm

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 renderi

of the building have been released! Additionally, the Fund Raising Committee is hard at work coming up with crea

ways to fund the build out. Come by the ABC Greater Houston office or visit our website at www.abchouston.org to

plans for the new building!

Tim RickettsABC Greater Houston ChairmanDirector of Projects, Channel BioRefinery & Terminals

L E T T E R F R O M T H E C H A I R

C O M I N G S O O N A T A B C / C M E F

Aug 7: Casino Night

Aug 20: Small Claims Seminar

Aug 21: Fall Clay Shoot Tournament

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 T O N . O R G F O R M O R E I N F O R M AT I O


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Gone are the days when an employer can re withoutimpunity an employee who unleashes a barrageof 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 me that an employer

violated the Naonal Labor Relaons Act by terminang an

employee who engaged in a profane and insubordinate outburst.

The Board required the employer to reinstate the employee with

back pay and benets.

In Plaza Auto Center, the employee discussed the companys

various policies including compensaon pracces with other

employees. The employee complained to a manager about

pay pracces which led to a closed-door meeng between the

owner and the employee. During the meeng, 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 connued his rade telling the owner he was stupid,

nobody liked him, and everyone talked about him behind his

back. The employee also stood in the small oce, pushed his

chair aside, and warned the owner that

if the owner red him, the owner would

regret it. The owner did not intend to

re the employee going into the meeng,

but in light of the inappropriate language

during the meeng, the owner changed his

mind.

The Board inially found the employees

conduct was not egregious enough to lose

protecon of the NLRA, under the following factors from Atla

Steel Co., 245 NLRB 814 (1979): (1) the place of the discuss

(2) the subject maer of the discussion; (3) the nature of

employees outburst; and (4) whether the outburst was, in

way, provoked by the employers unfair labor pracces. The Bo

concluded that all four Atlanc Steel factors weighed in favo

protecon, therefore nding the employer violated the Ac

ring the employee. On appeal, the Ninth Circuit remanded

case because it found the Board erred in its assessment that

nature of the outburst weighed in favor of protecon. On rem

although the Board agreed with the Ninth Circuits nding,

Board sll concluded that the other three Atlanc Steel fac

weighed in the employees favor, because: (1) the outb

occurred in a closed-door meeng in a managers oce a

from the workplace; (2) the discussion concerned the employ

protected conduct; and (3) the outburst was provoked beca

it would not have occurred but for the employers unfair la

pracce of inving the employee to quit if he did not like

employers policies.

Addionally, despite the employees outrageous outburst,

Board concluded that the employee did not engage in menac

JODON

NLRB Protects Employees Profane Outburst

[Continued on pa

The owner told the employee he neededto ollow the company policies andprocedures, he should stop complainingabout his pay, and he did not need towork or the employer i he did not trustthem. The employees response includedyelling at the owner...

Discuss It @ www.buildhoustononline.com


7/36


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physically aggressive, or belligerent conduct, because he m

no specic threats of physical harm, had no history of commi

or threatening violent acts during his employment, and he

not hit, touch, or aempt to hit or touch the owner. In d

so, the Board applied an objecve standard and disregarded

owners tesmony that he feared for his personal safety and

the safety of other employees. Instead, the Board concluded

the employees you will regret it statement was a threat of l

consequences and not of physical harm.

As the dissenng opinion in Plaza Auto Center noted, the Boa

standard permits employees to curse, denigrate, and defy t

managers with impunity during the course of otherwise prote

acvity, provided they do so in front of a relavely small audie

can point to some provocaon, and do not make overt phy

threats. Employers should proceed with cauon before iss

discipline and determine if the outrageous behavior qualies

protecon under the NLRA.

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ABOUT THE AUTHOR:G. Mark Jodon, the oce managing shareholder of Liler Mendelsons Ho

oce, is board-cered in labor and employment law by the Texas Board of

Specializaon. Mark frequently defends employers against unfair labor pra

charges before the NLRB. He can be reached at (713) 652-4739 and mjod

liler.com.

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Employees Profane Outburst | LEGAL NE


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Strains on labor capacity in oil and gasconstrucon markets worldwide arebecoming increasingly well known. These struggles connue to

aect expected project costs, and several large capital projects

have already been delayed or cancelled as a result of rising

costs and quesonable long-term protability projecons. As

demand connues to increase in the face of the Liqueed Natural

Gas (LNG) export gold rush, construcon rms are faced with

unprecedented pressures to retain and grow talent.

In 2008, just 3.8 percent of the total construcon workforce was

engaged in direct oil and gas construcon. By 2012, 6.4 percent nearly double 2008s number of that workforce was engaged in

direct oil and gas construcon. According to FMIs esmates, by

2017 nearly 10 percent of the total U.S. construcon workforce

will have moved over to this burgeoning industry segment.

Fierce compeon for talent in this sector is already driving

construcon companies to rethink the human capital needs

and strategies required to opmize access to and retenon

of qualied and experienced workers. Following is a summary

of the top ve business fundamentals for preparing for such

unprecedented labor shortages. Informaon was culled from

25 in-depth interviews with execuves of energy infrastructureconstrucon rms and select FMI industry experts.

Top Five Business Imperaves for Energy Infrastructure

Construcon Firms

1. Build long-term knowledge pipelines.Successful companies

are developing comprehensive knowledge transfer

programs, shiing knowledge from senior (and soon-to-be-

rering) employees to the next generaon and leveraging

organizaonal experse and best pracces across the

business. Developing a long-term strategy to address these

human talent issues and following through with diligence

consistency on the execuon of that strategy will become

key compeve dierenators among rms in the oil and

sector.

Planning for FutureConstruction Labor Needsin a Booming Oil and Gas Market

[Continued on pag

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2. Engage your people. In an industry that is constantly in

ux and characterized by extreme working condions,

company execuves must keep their employees engaged

and devoted on a daily basis. Industry leaders who have

established good reputaons for having corporate cultures

focused around safety, educaon, and employee well-being

will nd themselves at an advantage in the war for talent.

Also playing a key role in both retenon and recruitment

are fundamentals like safety culture, working condions,

supervision, co-workers/interpersonal relaonships, job

security and organizaonal policies.

3. Integrate HR with other core business funcons. Over the

last few years, CEOs in the construcon industry have started

to look for synergies among funconal areas, nding ways

to leverage support funcons, such as HR, IT and nance,

to be t for a purpose and ensure that they are more

closely aligned with the overall enterprise strategy. From the

board down to the individual operang company level, new

aenon is being paid to human resource funcons whose

operaonal objecves must be linked to the rms overalloperang targets.

4. Understand your risk. As energy infrastructure construcon

rms 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,

construcon rms and end users/owners must rethink t

collaboraon eorts and look into innovave partne

approaches where the company establishes relaons

with the respecve enes years before the project e

starts.

5.Increase project management capacity. As more compa

discover new froners and invest in non-tradio

exploraon methods, oil and gas projects worldwide

increasing in complexity and scope. Successful ene

infrastructure construcon companies are invesng hea

in increased project management capacity by innova

in areas such as prefabricaon, technology, knowle

management, and communicaon, among other things

the coming years, clients will focus on construcon compa

that can limit rework orders; opmize labor, equipment

materials scheduling; and use a modular approach to pro

management. These taccs will help improve produc

and manage costs in a ght labor market two key conce

for owners in this sector.

More Expansion Ahead

The U.S. oil and gas industry is on the brink of its largest hum

capital shorall as it faces one of the most signicant expans

periods in its history. Successful companies are thinking l

term and building new talent pipelines, developing targe

intervenons, assessing the business impact of skills shorta

and considering the opons available to build competency.

Now is the me to e HR objecves directly to busin

objecves and build connuous feedback loops that help impr

management techniques and ulmately inuence strat

Through these and other eorts, oil and gas infrastructconstrucon rms will nd themselves beer posioned to ta

the labor shortages and move beyond to ongoing success. With

these proacve moves, the U.S. oil and gas construcon indu

will struggle to right itself during a period of unprecedented la

shortages.

ABOUT THE AUTHORS:

W. Christopher Daum is a senior managing director with FMI Capital Advisors,

FMI Corporaons registered Investment Banking subsidiary. He can be reache

919.785.9264 or via email at [email protected]. Sco Duncan is a vice pres

with FMI Capital Advisors, Inc., FMI Corporaons registered Investment Ban

subsidiary. He can be reached at 303.398.7250 or via email at sduncan@fm

com. Sabine Hoover is a senior research consultant with FMI Corporaon. Shbe reached at 303.398.7238 or via email at [email protected].

DAUM DUNCAN HOOVER

Construction Labor Needs | INDUSTRY NE


11/36


Sixteenarea high school female students

aended the 2014 MAGIC Camp

that was held from June 16 through 19 at the Galena Park ISD

Agricultural Centerstarng daily with a breakfast at 7:30 a.m.

and concluding at 4:30 p.m. Under the leadership and direcon

of DeAnn Gill, SPHR, Bechtel Communicaons, 44 volunteers

from numerous parcipang construcon companies and

CMEF, had an opportunity to make these young women aware

of various cras and career opportunies in the construcon

industry through discussion, instrucon, and hands-on projects.

This naonwide program encourages young women to enter the

excing construcon industry career path, thus helping to address

the current and future workforce shortage the Industry faces.

Each day Construcon and Maintenance Educaon Foundaon

(CMEF) volunteers parcipated in the Camp. On Monday

morning, Dr. Steven Horton, CMEF High Schools Program Director,

spoke to the campers about CTE cra training classes oered in

high school and how they could connue their educaon at a localcommunity 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 Construcon and Maintenance

Educaon Foundaon Scholarship? Campers were given an

applicaon, wrien guidelines, and a submission deadline of

8:15am on Thursday. On Monday aernoon, Richard Bolt (CMEF

Performance Evaluator), William Fuller (CMEF Lead Instructor),

and Dr. Horton set up two hands-on event staons for two CMEF

sponsored

e v e n t s ,

i n c l u d i n g

Keeping It

Square and

Spooling Pipe.

On Tuesday morning,

master crasman 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 le and t into a mosaic paern. Prior to t

campers cung the le, he explained measuring tools and th

importance of measuring and marking the le correctly prior

cung. While many of the campers were quite nervous abou

using a power le saw, all successfully measured and correctl

cut the le and wanted to do it again and again.

On Wednesday morning, journeyman pipeer Richard B

assisted by Dr. Horton, facilitated the Spooling Pipe ev

High School Girls In Houston Area

Get Crash Course In Construction

At MAGIC Camp

Under the leadership and directiono DeAnn Gill, SPHR, BechtelCommunications, 44 volunteers omnumerous participating constructioncompanies and CMEF, had anopportunity to make these youngwomen aware o various crafs andcareer opportunities in the constructionindustry through discussion,instruction, and hands-on projects.

[Continued on pag

Dr. Horton presented Gladis Cortez, North Shore Senior High School stude

with the Construction and Maintenance Education Foundation Scholarshi

Gladis plans to start taking advantage of the scholarship this coming Fall

semester by attending a Welding class at San Jacinto College North Campu


12/36


Trouble?

Weve built our reputation by getting into trouble.

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Let us help you avoid getting trapped.

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

Bolt started by explaining

the required PPE and taught

the campers how to safely

t 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 construcon documents are dr

correctly and to specicaons.

On Thursday morning, Dr. Horton picked up the applica

and essays. Aer CMEF Scholarship Commiee memb

Donna Sandlin (CMEF Training Coordinator) and Dr. Horon, r

the applicaons and essays, the winner of the Construco

Maintenance Educaon Foundaon Scholarship was chosen

Dr. Horton returned to Camp and that aernoon presente

framed cercate of award to the winner, Gladis Cortez, N

Shore Senior High School student.

plans to start taking advantage of

scholarship this coming Fall semeste

aending a Welding class at San Jac

College North Campus.

While CMEF awarded only one scholar

winner, they believe that all the cam

are winners, and each one was give

backpack with several great items ins

CMEF congratulates these young wom

who instead of sleeping late, loungin

a swimming pool, or strolling along

beach, made a choice to give up a w

of their summer vacaon from high sc

to aend MAGIC Camp. Their choic

parcipate has already made a pos

dierence in their lives. For informa

about 2015 MAGIC Camp, contact

CMEF oce at (281)478-3900.

MAGIC Camp | INDUSTRY NE


13/36


negoate payment contract terms and

implement a payment schedule.

3. Look at your contract specics early

on.Establish and understand the terms

of the contract, including retainage,

payments for stored materials,

insurance and other key provisions.

Understanding contract specics

can help in controlling job costs and

organizing a cash management system.

4. Develop a credit policy. Check credit and know how myou are willing to extend. Track and work with your slow

paying customers in order to avoid cash-ow challenges.

KUCHAR

We believe there is honor in the deal.In our world of business, we prefer handshakes to

contracts. Honesty over pro fit. Quality over quantity. That may not always be the way its

done, but thats how we do it. At Locke, were changing the way precast concrete is designe

and made. And were doing it the way our parents taught us: with a handshake & a promise

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P H O N E : 8 3 2 . 8 0 4 . 7 0 6 2 | F A X : 8 3 2 . 8 0 4 . 7 0 7 1 | L O C K E S O L U T I O N S . C O M

DO WHAT YOU SAY, AND SAY WHAT

YOU MEAN.

Top 12 Construction

Management Strategie

Cash ow is one of manyunexpected construcon accounng challengesin a growing market. As more business and projects ow in, yourcash ow can become ght as you service these new customers.

Here are 12 top cash-ow management strategies to help free up

cash and shorten your cash cycle.

1. Benchmark your nancial statements. Knowing company

raos can help you set goals, idenfy opportunies and

understand triggers to internal changes. The formulas

displayed in the chart (on the next page) can help you

calculate liquidity and eciency raos.

2. Get to know your client. Learn all you can about the

potenal client and the type of reputaon they have. Are

they slow or late with payments? Knowing this allows you

to determine if it is really worth allocang your me and

resources to the project. Once the contract is awarded, try to [Continued on pag


14/36


5. Consider requiring a deposit or requesng

accelerated payment. This especially applies

to custom projects, since they typically have

more unknowns and require more me and

resources.

6. Create a cash management system. Instead

of just reacng to dicult or costly situaons,

take me to plan and understand your opons.Consider what factors aect your income

and cash ow. Budgeng your income and

scheduling known future costs allows you to

ancipate changes and provides me to plan

for those periods when cash ow will be ght.

7. Book in real-me. Track your cash ow directly in your

accounng system as opposed to working in a spreadsheet

and transferring changes over at a later me. 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 me. Also, make sure to

take advantage of discounts or early payment incenves

when you can in order to save.

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

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HOUSTON DALLAS/FT. WORTH SAN ANTONIO AUSTIN

Celebrating 25 years

Cokinos, Bosien & Young

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all aspects of construction law

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Wheth er i t 's comple x t ransact ion s or

litigation, our attorneys have extensive

experience and expertise in the T exas

construction market.

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

dicult, and if not managed properly, can result in a nega

cash ow. Complete and report the work in a mely man

and make sure to keep the proper documents in orde

avoid paying out of pocket for unreported costs.

10. Understand your overbillings. Try to frontload your job

much as possible in order to be overbilled whenever poss

While its no secret that overbillings can improve your c

ow, overbilling your customer too much could cause a d

in payment.

11. Send invoices promptly. Instead

waing to bill for change orders or ot

bills during a regular billing roune, s

out invoices upon project compleo

order to get your money coming in soo

12. Make billing simple. Touch b

with your client in order to make

you are sending to the right person

including all the informaon they n

Cut back your mailing costs and elimin

the delivery me by sending invoices

email. Also, remember to follow up

make sure the invoice was received.

ABOUT THE AUTHOR:

Michael Kuchar is a Shareholder and leade

Doeren Mayhews dedicated Construcon Gro

Houston. A top 100 U.S. rm, Doeren Mayhews

and business advisors serve more than 500 sup

and general and specialty contractors doing bus

domescally and abroad. For more informaon

www.doeren.com.

Construction Cash Flow | FINANCIAL NE


15/36


Are you familiar with the top common group health planissues? Heres a quick list to help ensure that yourein compliance.

Aordability Under Health Care Reform

Wellness credits and surcharges cannot be taken into

consideraon when determining aordability under the employer

mandate, unless they are tobacco-related. Addionally, small

employers must determine aordability for purposes of the

Marketplace Noce. Finally, individuals should be informed as

to the aordability 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 contribuons 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 Noce 2013-54 essenally prohibing the payment,

subsidy, or reimbursement of the cost of individual policy

premiums by an employer. The IRS requires that a parcipant 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.

Nondiscriminaon

Correcons to any failed nondiscriminaon test are not permied

aer 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 pracce, tesng should be performed

several mes during the plan year. Results from each test can

help a plan sponsor facilitate correcons and show, upon audit,

that the plan passes the appropriate tests.

Failure To Oer Cobra

If an employer oers benets that

sasfy the denion of a group

health plan, the employer should

also oer COBRA in connecon

with the plan. Commonly

overlooked group health plans

include exible spending

arrangements, health savings

accounts, employee assistance programs and wellness progra

Failure to oer COBRA may subject the employer to pena

under ERISA, an excise tax under the tax code, and penales

remedies by the court.

Mixing Up HIPAA And Cobra Noces

The HIPAA Special Enrollment Rights Noce and the COBRA In

Noce are commonly confused, but the applicaon and audie

are dierent. Employers should ensure that the HIPAA docum

is provided to all employees (not just those covered under

plan) who are oered the opportunity to enroll. Conversely,

COBRA document is only provided to employees and spou

who are actually covered under the plan within 90 days of

beginning date.

CHRISTTAYLOR

INSURANCE

Group Health

Plan Compliance

Quick Check

The HIPAA Special Enrollment RightsNotice and the COBRA Initial Notice arecommonly conused, but the applicationand audience are different. Employersshould ensure that the HIPAA documentis provided to all employees (not justthose covered under the plan) who areoffered the opportunity to enroll.

[Continued on page


16/36


EXPECT MORE FROM YOUR WORKFORCE

www.BrooksideUSA.com

League City, TX

(281) 338-1300

Houston, TX

(713) 943-7100

SW Houston, TX

(713) 541-3535

Angleton, TX

(979) 849-2325

Katy, TX

(281) 391-2165

Spring, TX

(281) 353-0204

Jersey Village, TX

(713) 466-7456

With John Deere, you can expect tough equipment with the power

to perform. In fact, customer input has led to design innovationthat makes John Deere equipment more accommodating to operatorcomfort and more accommodating to the wide variety of work that

your job sites require. Plus, over 100 Worksite Pro Attachments areavailable for increased productivity.

CWP-BES7X50801BH-4C

Medicare/Tricare Prohibion

An employer with 20 or more employees may not oer 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 incenvizing the individual

to drop group health coverage.

FMLA

Final regulaons released in February 2013 expanded the federalFamily and Medical Leave Act to include leave for family members

who are on or have been called to acve 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.

Advance Noce Of Midyear Plan Changes Required

Health care reform introduced the summary of benets and

coverage requirement. Under SBC distribuon rules, if a plan

changes informaon or design midyear, an updated SBC must be

provided 60 days in advance of the eecve date of the change.

A summary of material modicaon (SMM) may also be required

on an expedited basis when a plan change is made. Plan sponsors

must understand the intricacies of each noce when considering

making a midyear change in the plan design.

Charging Employees Dierent Premiums

In general, an employer is free to design their plan to cha

employees dierent premiums as long as it is based on bona

employment classicaons or parcipaon in a wellness progr

However such plans must ensure they will pass nondiscrimina

rules under both IRS code Secon 125 and 105(h). Asses

premium dierenals based on the sasfacon of a he

standard (such as not smoking) is only permied when it is

of a wellness program that sases the ve criteria of the fedregulaons.

ABOUT THE AUTHOR:

Christ Taylor Insurance is an Employee Benets and Insurance Brokerage

doing business for over 50 years in southeast Texas, and long-me ABC mem

We provide soluons to small and medium size companies in the are

Healthcare and other Benet programs, as well as Life Insurance and Rere

Plans. Contact the Christ Taylor team at 713-850-7747 or www.chrisaylor.c

Health Plan Compliance | FINANCIAL NE


17/36


In a Ted Talk from the collecon on Trust, Rachel Botsmandiscusses how reputaon is the currency of onlinecollaborave consumpon systems and how these systems rely

upon everyones willingness to trust strangers. Interesng and

scary stu. Interesng because it has launched enrely new

ways of making things happen such as TaskRabbit for geng

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 rang.

While the obvious correlate in business includes the LinkedIn

type of collaborave 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 veried. One

case that was recently covered by the media: A huge crane

building company hired an aorney 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 aer heembezzled millions of dollars and laundered the money buying

collector comic book and magazine memorabilia.

While this big corporaon did not check the resume, who did?

A Comicon dealer. When someone tried to sell one of the rst

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 cr

embezzlement case fell into place.

When it comes to corporate and

construcon safety, this can be a maer of

life and death. If you hire the unqualied,

or even a talented person who knows

safety but happens to also be a liar falsely

represenng his or her credenals, and the

worst happens, he or she will denitely

be uncovered and the grieving family, the

media, and the jury, though equally guilty of reckless trust,

nd your error shocking.

Just a few true stories TCA has personally veried in the last

years:

1) The safety director for a very large general contractor boa

a degree in safety and health. They hired me aer a fat

and I checked his resume. The college? An online ser

that issued credenals to anyone for a fee of $75.

2) A safety professional acve in the ASSE (American Socie

Safety Engineers) boasted big projects and great creden

including an associate degree in Safety & Health from Te

A&M. Texas A&M stated they do not oer associate degr

3) A safety professional has an enre secon on his web

about his Academia experience. He states that he

AMAVI

SAFETY REPQualifed or Questionable?

[Continued on pag


18/36


Its not

about luckfordnassen.com

Dal las Houston Aust in

Youve worked hard to build your

business and good reputation in theconstruction industry.

Dont leave them to chance.

professor at University of Houst

The truth? U of H ocials

wrien vericaon that he

temp sta. He teaches an over

OSHA 30-hr course that happ

to be conducted on their cam

The OSHA credenal is all he ha

credenal anyone can get in a co

of weeks.

What does it really take to be a profes

First, it requires a degree (you got it

doesnt have one), years as an assis

professor, then years as an assoc

professor, then a recommendaon f

a commiee of tenured professors

nally, the President of the Unive

to accept that recommendaon. Th

the procedure for all professorship

American, 4-year accredited colleges

verify degrees and professorships is ju

phone call away.

Onora ONeill, in another Ted Talk ab

trust, shared thatwhile polls indi

we need to trust moreshe believes

do NOT need to trust more. We n

to be good at trusng the trustwo

and not trusng the untrustworthy.

lesson? Check that resume and call th

referencesit may save your job, y

reputaon, and the life of a worker

trusted your safety director.

ABOUT THE AUTHOR:

Tara Maria Amavi, (formerly Tara Templeton

name changed due to identy the) is the Fou

and President of TCA/The Compliance All

L.P. TCA has provided services to almost

companies naonwide and TCAs proprietary

methods and means have been ranked #1 inworld for managing contractor safety. The

Safety System is peer acknowledged as a me

based upon TCAs own trade secrets which

beer results than tradional safety methods

therefore, saves lives. Ms. Amavi has been n

one of Houstons 50 Most Inuenal Wo

for 2012 by Houston Woman magazine, and

also been named one of the Whos Who in S

by Compliance Magazine (2007). Ms. Amav

sought aer public speaker, has appeared on lo

naonal radio and television programs includin

appearances on The BusinessMakers, a radio

hosted by John Beddow & Russ Capper. Ms. A

may be contacted at tara.amavi@tcamembers

or 713.263.7661.

Safety Rep: Qualified or Questionable | SAFETY NE


19/36


BIGenterprisehas always envisioned itself as a dierentkind of company. When we talked about starng acompany, we absolutely wanted to create something dierent.

For me, I had worked more than 20 years in the general contracng

business, and I had some amazing opportunies working forgreat 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 relaonships 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 moo 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 relaonship customers who want to hire

BIGenterprisefor their projects.

Houstons builder market oers so many choices for the

potenal customer and we have found that our best adversing

and leads come from our exisng happy customers. We are in

the service business and our goal is to build happy customers

by helping them solve their construcon problems, especiallywhen it involves a metal building or some other unique benet

that we can oer. We began oering customers cost savings if

they changed their original designs to a more convenonal pre-

engineered metal building soluon and we immediately saw

the benet by being able to help customers solve their budget

problems and get a high quality building quickly, states Boyd.

In 2008, BIGenterprise became an Authorized Builder of

NUCOR Building Systems, and today the company condently

oers price and schedule guarantees on their projects that

are unmatched. Although the company performs full general

contracng services, we specialize in

pre-engineered metal building design-

build projects. The benet for eachcustomer, is a higher level of customer

aenon through superior service and

technical knowledge, delivered by an

experienced and trustworthy team, says Jim Boyd. If we

raise the performance bar on a turn-key metal building project

increase the level of happiness a customer should experie

at the end of their project, then we have really accomplis

something, and thats worth doing every me!

BIGenterprise is posioning itself to be the builder of cho

for metal building projects. We are making a commitmen

train, educate and equip our team members and BIG erec

crews with everything they need to build projects that are s

protable and are well planned from beginning to end,

Boyd. We want to bring BIG experience and qualicaon

even the smallest of projects. We approach every job with a

level of planning and preparaon, because a job that starts r

usually stays right.

Learn more about customer benets and services and

BIGcompaniescan be a partner on your next BIG enterprise

vising BIGenterprise.biz and BIGmetalbuildings.biz

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

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

BIGenterpriseThe Builder of Choice for Metal Building Projects

BIGEnterprise | COVER STO


20/36


Who hasnt wondered what is on the other side of thepasture or the fence or what it would be like if youworked somewhere else? Seems natural to wander over there to

take a look. Most workers have mulple employers during a career.

The Bureau of Labor Stascs 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 nd

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 beer beyond the fence. Somemes things are beer 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 elds

on a regular basis. Like smart ranchers, good employers work hard

to make the company aracve 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.

What About Safety?

There is a reason some companies have

good safety performance. Its just like the

greener grass. Great companies know

about growing thingsplanng seeds,

watering, pruning and nurturing when

necessary. The dierence between goodand great may come from simple things like

eecve communicaons, management

commitment, caring passionately for the

well being of employees and the convicon to do what is righ

the me. I know of an employer that set monetary concerns a

even though the company had 200 project employees workin

a facility. All were pulled from the project because the plant wo

not address health and safety concerns. The move likely resu

in millions in lost revenue but not one of the company employ

was harmed. The plant, however, sustained two related fatal

due to a disregard for safety and at-risk thinking.

Success At Work

Success is oen characterized as hard work, determinaon

sacrice. I recall one safety professional who bailed out

construcon job just because the going got tough. Nearly ev

project Ive seen had conicts and confrontaons betw

individuals, groups or customers, but leaving in the midst of ba

is cowardice. This fellow le his teammates in harms way sta

he found a more aracve job elsewhere. From all reports,

grass for him was not any greener at his new company. Some

for success in employment one must take on the role of garde

GHORMLEY

Greener Grass


21/36


or landscaper. There is a me for preparaon, pruning or making

modicaons to the work at hand. Its oen a maer of digging

in, geng along and even compromising, as long as personal

convicons arent threatened. We all can remember company

managers making mandates that were not liked or wanted by

employees, but usually alteraons in operaons do work in the

long term. Change is the one thing that doesnt remain stac.

Know When To Dig In

It takes just a few changes to see new opportunies in safety

that makes things beer 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 opmist boy started digging in the pile. When

asked what he was doing, the opmist said, With all this stu

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 nd it.

ABOUT THE AUTHOR:

Benne Ghormley has over 35 years of experience in safety, training and

construcon administraon. He is experienced in implemenng safetyprograms involving commercial, industrial and municipal industries. Mr.Ghormley has conducted audits, invesgaons and inspecons in reneries,chemical and petrochemical plants, for pipelines, water and waste facilies,manufacturing plants and fabricaon facilies. Mr. Ghormley has servedas an expert witness in ligaon cases and appeared before the Workers

Compensaon Commission, EEOC, Employment Commission and civil courts.

Contact Mr. Ghormley via email at [email protected].

by providing clients with solutions based on experienc

relationshipsOur construction team

Porter Hedges assists owners, contractors, subcontractors, suppliers, lenders and design professionals who manage the risks ofconstruction projects. From commercial to industrial and infrastructure construction, our experienced counsel can take youfrom 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 USAhas 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 porterhedges.com

Houston, Texas 77002

Phone: (713) 226-6000 Fax: (713) 228-1331

PORTER HEDGES LLP, ATTORNEYS AT LAW

Attorney Advertising

Greener Grass | SAFETY NEW


22/36


AFET

On The


23/36

On The


Contractors and Safety EquipmenEvolve To Meet Todays

Unique Jobsite ChallengesWritenbyMeganB

Safety. Its a topic weve been made aware of mof our lives, beginning at a very young aDont run with scissors. Stop, drop and roll. Look before you crSound familiar? Logically, one would assume safety awaren

would naturally transion over from personal lives into

workplace environment. However, OSHA stascs would rea

disprove that assumpon. The acve construcon site presen

unique set of safety challenges, where in some cases one wr

move or decision could result in injury or even death. O

the last few decades safety awareness and personal protec

equipment have made great strides. There is sll work to d

terms of safety on the jobsite, however, the good news is

safety innovaons are made each day and new programs

oered by industry safety leadersbringing us one step close

an injury and accident free jobsite.

To explore the topic further, Build Houston Magazine sat down w

some of the industrys leading construcon safety professio

and learned some of the newest methods and tools they us

bring safety and safety awareness to the site.

SafetyThe Golden Rule

Ralph Riley, Business Developer at S&B Engineers and Contract

Ltd., explains improvements using the tried and true concep

the Golden Rule.

The bigger trend Ive seen over the last 15 years is that m

employers simply want to do the right thing for individuals

their site, Riley said when comparing safety programs that ca

from direct government mandate decades ago. [Employers] le

its not in the doed is and crossed ts. Its about people,

men and women on the jobsite in which these safety progra

are implemented for.

Before safety became a true culture. Some companies ten

to comply with safety regulaons to avoid hey penales

nes imposed by OSHA. For others, it took a dose of safety re

a real life or death situaon before they began to take pa

OSHAs Safety Observaons. Safety Observaons allow for d

driven analysis of safety iniaves. Its not only behavior-ba

safety observaons; its also a eld-based system. Companies

do predicve maintenance and interpretaons to see a tren

order to make safety program and orientaon changes.

Jobsite[Continued on pag


24/36

Jobsite


But what happens when only unsafe observaons are made?

It creates an atmosphere and culture of negavity. By only

recognizing unsafe observaons on the jobsite the result can

be poor jobsite tracking and overall safety experience. Even so,

others claim it is too dicult to track an employees every move,

claiming it to be unnecessary. As a possible soluon, Riley states,

I think theres merit in the psychological aspect of looking at safe

observaons as well as unsafe. If youre always looking at faults,

it could aect work performance. There needs to be a balance.

Were talking about people. [S&Bs] analysis is of the two. And

one size ts all safety standards do not apply.

Riley calls this ideology Humanizing Our Projects - the premise

that cra professionals and other employees on the jobsite receive

the utmost respect and treatment. This ideology is being put into

pracce by providing humanizing perks that help an employee

feel appreciated, such as fully-equipped and clean lunch facilies,

project managers who take the me to know something personal

about each employee, and moving employees from temporary

tents into buildings.

However, one workplace safety hurdle is geng employees to not

only observe safety, but to act on an unsafe observaon, Riley

said. OSHA safety observaons require employees to stop, ll out

a form, and idenfy the unsafe/safe observaon. 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 eld is a dierent story all together.

Managers can design iniaves properly, but the eld workers

must enact them. People in the eld own [the Safety Program],

Riley said. Managers must make sure the program is tweaked

and reworked once in the eld, to ensure that jobsite specic

safety needs are being met.

Those safety iniaves and programs are even recognized and

rewarded by Associated Builders and Contractors (ABC) with

the Safety Training and Evaluaon Process (STEP) program. The

STEP program was established in 1989 by the ABC NaonalEnvironment, Health & Safety Commiee as a way to create safety

awareness and bring forth best pracces in the industry. The STEP

program provides contractors with an opportunity to measure

their safety programs progress through a 20 Key Component

self-evaluaon helping idenfy 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 oen reference

the program in owner and client presentaons to demonstrate

their connued commitment to a safe jobsite.

IronmantmLite is a new grade of harness designed for the power-user, combin

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.

[Continued on pag

Always Wear Your Hardhat and PPEs

While the pen and paper method of documenng safet

important, what about the equipment that cra professionals

on each day for their safety and well being? Theres no doubt

Personal Protecve Equipment (PPE) and other safety gear h

made strides over the last few decades - the numbers speak

themselves.

Since 1970, workplace fatalies have been reduced by more t

65 percent and occupaonal injury and illness rates have declby 67 percent. Worker deaths in America are downon aver

from about 38 worker deaths a day in 1970 to 12 a day in 2

And worker injuries and illnesses are downfrom 10.9 incid

per 100 workers in 1972 to 3.4 per 100 in 2011, OSHA reports

Out of 4,175 worker fatalies in private industry in calendar y

2012 as reported by the Bureau of Labor Stascs, 806 or

percent were in construcon. Even with steady improvem

in jobsite safety, the current fatality numbers must be redu

Safety on the Jobsite | FOCUS SECT


25/36


2013 United Rentals, Inc.

United Rentals Trench Safety

Dallas, TX (214) 357-4369

Beaumont, TX (409) 721-9494Corpus Christi, TX (361) 241-0980

San Antonio, TX (210) 684-7970

Houston, TX (713) 944-9661

Austin, TX (512) 479-5058

Keller, TX (817) 379-7233

Gonzales, LA (225) 744-0101


26/36


furtherwhich is why safety management posions wi

the workplace are evolving and expanding. OSHA claims

eliminang the common Fatal Four (falls, struck by obj

electrocuons and caught-in/between) will save the lives of

workers in America each year. With falls being the most promin

(about 35 percent) cause of fatality, ensuring the proper us

safety equipment such as harnesses and other PPEs - can h

greatly reduce this number.

Ed Goode, Territory Manager at MedSafe, shares informa

about a new safety harness that not only protects, but prov

relief from a common issue experienced by many men and wom

in the eld who wear the equipment. Our newest [harn

edion is the Iron Man Light Comfort Series Harness. It is up t

percent lighter than our standard harness. When the harne

are lighter, it means less fague and can help prevent workp

accidents. In addion, this new design ulizes aluminum D-r

which reduces the weight and means less corrosion on

harness, giving [the equipment] a longer lifespan. They also h

a new fastening component that cant disengage while un

pressure. You cant accidentally unclick it. Goode said their g

is to make PPE & Fall Protecon as user-friendly as possibl

that this equipment is used properly and human error can

avoided.

While personal fall protecon is a must, there is a second

protecon that can be easily overlooked falling tools. Its

really being addressed with any naonal guidelines, Goode s

The current measures mandang tool fall protecon are va

and puts the burden on the individual contractors to develop t

own policy. Goode said one of MedSafes more recent addi

to their extensive line of safety equipment is tool fall protec

Goode also agreed with Riley in that over the course of sev

decades, safety is no longer whiled down to sasfy manda

requirements. [Safety] is being taken very seriously and give

those with a specic [safety] tle and role.

Rules On The Move

OSHA also oers a soluon for safety program implementa

via their Voluntary Protecon Program (VPP) which recogn

eecvely managed safe sites. However, VPP is ideal for

jobsites. When specic safety roles are not ed to one locaon,

rather spread out over a large geographical area, implemen

unied safety iniave can be more dicult.

The answer to the geographically challenged site or crew? OS

Mobile Workforce Safety Campaign. The campaign is best su

for general contractors and subcontractors who may or may

have the authority for safety and health for an enre jobsite

for those companies who have employees that move from s

to-site such as a specialty contractor or repair and maintena



27/36


CONSTRUCTION | COMMERCIAL REAL ESTATE | CORPORATE | EMPLOYMENT | BANKRUPTCY

Houston: 713.850.4200 Austin: 512.900.3012

Toll-Free: 866.535.2329 www.AndrewsMyers.com

Business Insight from the Ground U

Working in the construction industry creates a

constant need for contractual and legal assistance

and guidance. Andrews Myers has become a great

asset to our company while providing a proactive,

knowledgeable and professional approach to all of

our legal needs.- Ronnie Wills President, Aggregate Technologies, Inc.

companyregardless of size or length and duraon of the project

or service, OSHA reported.

According to the VPP applicaon, 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 pracce. The Campaign

works in phases. The rst phase requires an evaluator to review

the companys safety and health management programs. Theyassess the employers commitment to the safety of its employees;

and their commitment to the aliated VPP program. The second

phase is designed for vericaon. One or more jobsite programs

are reviewed to ensure they are eecve outside the working

headquarters where some employees may connue their work

unsupervised.

Its a great safety management tool, Keith Ligge, Safety

Professional and ABC Safety Commiee Member, said of the

Mobile Workforce Safety Campaign. It helps us idenfy the safety

in our culture, and most importantly, helps us stay accountable.

Ligge said some workforces struggle with constant moon like

new owners, new processes, and new hazards. His own rule of

thumb communicaon is key.

These temporary jobsites are more suscepble to challen

because there are new employees, a new locaon and a

orientaon plaorm. The [Safety Campaign] sets the stage

workplace expectaons, Ligge said. Because of the natur

the work, its important to communicate eecvely. We nee

keep talking about it.

Elementary Foundaons

Communicaon, equipment and respect the elements safety success. The role that safety plays in a companys to

and tomorrow reveals a lot about how they feel towards

construcon professionals employed on their jobsites. Sa

professionals are eliminang workplace injuries on a d

basis through innovave programs and tools. Improvement

jobsite morale for employees, new edions of PPEs, safety p

measurements through the STEP program, and unied sa

iniaves for the temporary jobsite are all great tools for job

safety improvement. With these tools in hand, the bar can

set higher for safety expectaons in the construcon indus

Riley said safety concepts depend on the person pung pol

into place and those ulizing these tools. It depends on

elementary concepts. It all goes back to the golden rule res

one another. - MB



28/36


Construcon and MaintenanceEducation Foundation(CMEF) honored 44 graduates in millwright, instrumentation,

pipeng, industrial painng and sheet metal at a graduaon

ceremony on Thursday, June 5. More than 200 people, including

graduates, guests, instructors, and managers, lled the banquet

hall to applaud the graduates accomplishments.

Anthony Mullings, an industrial painng graduate, sat outside

the banquet hall with his wife, children and parents, waing for

the event to begin. He said he did not know what to expect from

the graduaon, but was extremely happy to complete the class.

Mullings had sought out the class to beer himself in life.

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

was only the beginning of his training journey. I want to get into

another cra, Luna said. But I wanted to get the feeling of what

it was like going to school aer work.

Balancing me 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 e

as possible for their students.

Pipeng instructor Pete Medina was one of the many teac

in a room full of students, families and friends. Medina and

fellow instructor George Vance joked that opportunies for

cra professionals have improved so much, they might re

to the workforce. Joking aside, Medina said it was extre

grafying to see his students at the graduaon.

They have to want to be there in class, Medina explained.

hard for them to balance everything. Its nice to see the ones

stayed be rewarded for their hard work.

The ceremony proceeded with speeches by construc

professionals, many oering advice and words of encouragem

The podium and stage served as a place to honor grow

opportunity, and a place where industry ideas were shared. G

Speaker Pat Kiley of Kiley Advisors stood at the podium in fro

the graduates and oered advice.

Every facet of construcon is on re, Kiley began, reassu

graduates in the career theyve chosen. And what

accomplishment you have achieved...unlock a great life

yourself.

Going forward, Kiley listed four tasks to guarantee post-grad

success: 1) show up for work on me; 2) take pride in your cra

speak well of the company who writes your paycheck; and 4) l

CMEF Graduates 44 Students From Program

Balancing me 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 exible

as possible for their students.


29/36


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the construcon and maintenance business. These steps, he told

them, will help them excel in work and in life.

Sco Lemoine, Manager of Maintenance, Turnarounds & Capital

projects at LyondellBasell Houston Renery, followed with

remarks for the graduates, stang that he too was once in their

shoes. As a graduate of the cra programs oered at the ABC

Pelican Chapter, Mr. Lemoine worked his way up the skilled cra

ranks to his current posion with one of the largest reneriesin 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.

Aer each name was called, each graduate was presented with a

cercate of compleon, each hand was shaken, and each picture

was taken, before graduates excitedly returned to their seats.

There were murmurs of congratulaons. There were ashes of

light from the many cameras in the crowd. There were whistles

and cheers from the family and friends aending. In those nal

moments of the celebraon, the graduates were enthusiascally

recognized for their accomplishments.

To all of our graduates, CMEF Director of Educaon Glen OMary

said, building up the tone in his voice, congratulaons!

You may not k now us yet, but were part o f

the health system Houston has counted on for

more than 100 years. We understand health

care, so were in a unique position to offer a

better option for health insurance. Here you will

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CMEF Graduates 44 Students | ASSOCIATION NE


30/36


WERE ON THE MOVE

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

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. Tis new location will allow for greater access to services, largtraining rooms, expanded meeting rooms and more - all conveniently located on the northwest side of Houston.

Aer many years of seng aside funds and countless land and property searches, Associated Builders aContractors of Greater Houston has acquired a building! The new oces, located at 4910 Dacoma St(77092), will not only serve as a main meeng hub for associaon members, but will also serve as a north-side train

campus for educaonal aliate Construcon and Maintenance Educaon Foundaon (CMEF). It will allow the associa

to provide much needed training and educaon opportunies for contractors on the north and west side of Harris Cou

ABC is seeking $350,000 in donaons

to help oset the expense of the

buildings extensive renovaon. To

recognize generous contributors who

support the new building campaign,

ABC will provide naming rights (to

ABC Members in good standing)

for numerous meeng and training

rooms, as well as recognion pavers.

Learn more about contribuon levels

and benets on page 32.

ABC extends its sincere thanks to

the ABC Member companies who

have already stepped up and made a

pledge, geng ABC Greater Houston

one-step closer to its January 2015

move-in date.

FOREMAN LEVEL

Marek Brothers Systems, Inc.

JACOBS

PROJECT ENGINEER LEVEL

Aggregate Technologies

Craig & Heidt, Inc.

Holes Incorporated

Mobil Steel Internaonal, Inc.

Slack & Co. Contracng, Inc.

TDIndustries

CRAFT PROFESSIONAL LEVEL

ISC Constructors, LLC


Oxford Builders Inc.

HELPER LEVEL

Kiewit/TIC

BOARD CHAIR LEVEL

G.R. Birdwell Construcon

Gaughan, Stone & Thiagarajan

Hunter Buildings & Manufacturing

Ma Daniel - KBR Building Group


S&B Engineers and Constructors, Lt

Tim Rickes - Channel BioReneryTerminals

IN-KIND & SPECIAL RECOGNITIO

Epoxy Design Systems, Inc.

Fast Track Speciales

PDG Architects

Donors as for July 24, 2

ABC on the Move in 2015 | ASSOCIATION NE

4910 Dacoma Donors


31/36


REF.ICE.

15'-1"

12'-0"

11'-11"

12'-7

3/4"

8'-2

1/2"

9'-81

/8"

12' - 7 1/4"

39' - 6 3/4"

17'-6

1/4"

15' - 7"

27'-11

1/2"

0'-23

/4"

27'-10"

4' - 8"

18' - 2 1/2" 28' - 0 1/2"

BREAK AREA

VocationalRoom

rainingRoom 1

Board Room

Break Area

Room Naming RightsAvailable For*:

- Vocational Room

- Training Room 1

- Training Room 2

- Committee Room

- Board Room

- Break Room

- Lounge Area

*Naming Rights available for ABC Members in good standing.

Information found on next page.

rainingRoom 2

CommitteeRoom

Lounge Area

LOUNGE AREA

Entryway Pavers

EntrywayPav

ers



32/36


PLEDGE AGREEMENT

____President Level ($50,000)Te President Level donor receives the Vocational Room namingrights*. Te Vocational Room is the largest o all the interior roomsand will be host to a large number o training and educationalclasses and seminars. Te President Level donors name will bedisplayed prominently at the Vocational Room entrance and will beeatured at the top o the donor recognition wall.

____Project Manager Level ($35,000)Te Project Manager Level donor receives naming rights*or theBoard Room. Te Board Room will host a number o meetingsranging rom executive meetings to board meetings. Te projectManger Level donors name will be displayed prominently at theentrance to the Board Room and will be eatured on the donorrecognition wall.

____Superintendent Level ($25,000)Te Superintendent Level donor receives naming rights*or one othe raining Rooms. Te raining Rooms will host a number omeetings and training classes. Te Superintendent Level donorsname will be displayed prominently at the entrance to one o theraining Rooms and will be eatured on the donor recognition wall.

____Foreman Level ($10,000)Te Foreman Level donor receives naming rights*in the BreakArea or the Lounge Area. Te Foreman Level donors name will bedisplayed prominently in the designated area and will be eaturedon the donor recognition wall.

____Project Engineer Level ($5,000)Te Project Engineer Level donors name will be displayedprominently on the donor recognition wall.

____Craf Proessional Level ($2,500)Te Craf Proessional Level donors name will be displayed on alarge entryway paver at the buildings ront entrance.

____Helper Level ($1,000)Helper Level donors will be eatured on a medium sized entrywpaver at the buildings ront entrance.

____Board Chair Sponsor ($500)Donors name will be engraved on a metal plaque and placed onback o a boardroom chair.

Contributor: _______________________________________

Authorized By: _____________________________________

Email: ____________________________________________

Date: _____________________________________________

Tis pledge agreement is made by the Contributor or the purpose o memorializing the Contributorsdonation to the renovation o the new ABC office building at 4910 Dacoma Street. Subject to the conditionsand requirements set orth in this agreement, ABC Greater Houston will allow Contributors to contribute to trenovation o the ABC office building in accordance with the ollowing plan level (check where applicable):

*Naming rights are available only to ABC Members in good standing. By completing this pledge agreement, Contributor promises to pay to ABC t

applicable contribution amount outlined in this agreement. Failure to ulfill pledge obligation will result in immediate removal rom any plaque, p

or other space in which name appears. Inactive Membership status will result in a void o this agreement and name may be removed rom any and

applicable signage.


ABC on the Move in 2015 | ASSOCIATION NE


33/36



34/36


PEOPLE ON THE MOVE

Gilbane Building Company recently announced Michael McKelvy has joined the company as President

Chief Operang Ocer. Bill Gilbane, Jr., the companys President and Chief Operang Ocer since 2004,

assume the role of Vice Chairman where he will devote more of his me to shepherding Gilbanes busi

units toward long-term success and strategic growth in partnership with the companys current leader

team while overseeing McKelvys transion. McKelvy will immediately assume prot and loss responsib

company-wide.

Travis Schultzrecently assumed the dues of Divisional Manager of Cherrys Commercial Demolion

started out at the ground level at Cherry 16 years ago, and through hard work and dedicaon has workedway up to become a valuable asset. Travis plans on taking his own experiences and leading by emphasi

training and mentoring within his division.

Bowen, Miclee & Bri has hired Peter L. Sullivan as Senior Vice President and Benets Director. A

year veteran of the insurance industry, Sullivan most recently managed his own rm, Encompass Bene

& Wellness Management. His specialized experse includes evaluaon of clients talent acquision

retenon strategies, risk tolerance posions, development and management of cost containment strateg

benets and Aordable Care Act compliance requirements and wellness plan design and management

COMPANY NEWSMobil Steel president and CEO Leonard A. Bedell and Stuart Robles, Mobil Steel business developm

manager, joined other Houston area businesses at a recent trade seminar sponsored by the Bilateral UArab Chamber of Commerce. The Chamber invited local businesses to hear about economic partnersh

between U.S. and Iraq during a trade ministry tour headed by Kadhim M. Jawad Al-Hasani, senior adv

to the Iraqi Minister of Trade. Al-Hasani headed a delegaon visit to Mobil Steels steel fabricaon sho

South Wayside Drive in Houston.

PROJECT NEWS

E.E. Reed Construcon recently completed First Bapst Sienna Plantaon, a 6,200 square-foot build-ou

worship space, classrooms, coee area, and support area for outreach for Houstons First Bapst Chu

E.E. Reed worked with SDI Architects on this project located in Sienna Plantaon, a 7,000-acre mas

planned community in Missouri City.

Cadence McShane Construcon Company has been selected to provide the comprehensive construcservices for Phase I of the Airtex Commerce Center on behalf of co-developers, Molto Properes

Generaonal Commercial Properes. The Class A, 166,250 square-foot speculave industrial facilit

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

Prefabricated/Modular Buildings category by the Baton Rouge Award Program. Each year,

Baton Rouge Award Program idenes companies they believe have achieved excepo

markeng success in the local community and business category.

Saereld & Ponkes Construconand its joint venture partner STV were recently hono

for its work on the John F. Kennedy Internaonal Airport Terminal 4 Redevelopment Ph

1 project. The $1.2 billion Delta Air Lines project at JFK Airport renovated and expan

Terminal 4 and demolished Terminal 3 as part of the overhaul of one of Deltas hubs

overseas ights. The expansion of Terminal 4 included a major addion to the concourse

the addion of nine new internaonal gates.

Ford Nassen announced that the legal industry referral guide Chambers USA has a

awarded top rankings for Texas construcon law to the rm and its shareholders Jere

Ford, John W. Nassen and George C. Baldwin. The 2014 edion of Chambers USA: Ameri

Leading Lawyers for Businessplaces the rm in Band 1, which is Chambers highest poss

ranking.

MCKELVY

SCHULTZ

SULLIVAN

FIRST BAPTIST SIENNA PLANTATION

JFK AIRPORT TERMINAL 4

People, Projects, Companies & Awards | IN THE KN


35/36


3131 Memorial Court

Suite 15101

Houston, TX 77007

713.263.7661 [email protected]

2012 The Compliance Alliance L.P. All Rights Reserved

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PERMIT 542Published by Associated Builders & Contractors of Greater Houston3910 Kirby Drive, Ste. 131Houston, Texas 77098(713)523-6AB

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