austin construction news february 2015

The Industry’s Newspaper

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Pooling together

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www.constructionnews.net H (210) 308-5800 H Volume 15 H Number 2 H FEBRUARY 2015

Jack Wheeler started Wheeler Com-panies as Wheeler Coatings in 1982. Oldcastle Materials acquired Wheeler

as well as Ironhorse Asphalt and Texas Concrete in 2009. With the new owners came the new name, APAC Texas Wheel-er Companies. Gordon Jones joined the company as a truck driver in 1998 and Kim Wheel-er came on board in 1996. Today, they are both construction parking lot and subdivision sign and striping estimators. “In the early days, the company had two haul trucks, 12 dump trucks and two seal coating rigs,” Jones said. “Now there are hundreds of trucks of all types. “We have three striping crews and a sign/pressure washing crew. Most of us

have been here several years. While we were bought by a large corporation, we still have that family feel in the mainte-nance division.“ According to Jones, the company had a banner year in all phases of the business in 2014. “We are also getting ready to move the Round Rock offices later this year,” Jones said. “More important is the con-tinued focus on the safety of all the em-ployees. Without all of our people going home safely, none of the success is worth it.” Jones says he enjoys the challenge of learning new ways to serve his custom-ers.

L-R: Kim Wheeler and Gordon Jones

Bartholomew Municipal Pool, the only swimming pool within the City of Austin that is considered a

waterpark, is now complete. The parks and recreation depart-ment of the City of Austin is the owner. Chasco Constructors was the GC for the full renovation project. Leslie Heine was the project man-ager, Mark Lee was the superintendent and the architect was Abby Lawson, Carter Design Associates. Heine says the original facility had an “L” shaped lap pool with a single open bathhouse. Bartholomew Municipal Pool now has three bathhouses, a separate mechanical building and pump house, an “L” shaped lap pool with a diving well, a mid depth recreation pool, a zero entry activity pool and two slides. The interior walls of the bathhouses are a cast in place concrete, individually formed to look like wood veneer.

“Due to the height of the walls and large amount of infrastructure in the walls, the mix design and proper place-ment of the concrete was crucial to avoid separation of aggregate and slurry in the concrete causing ‘bug holes’ in the wall,” Heine said. “All piping was also run inside the walls, making the placement even more challenging. “All other materials placed in the bathhouses were chosen to not only be visually appealing, but to withstand the outside elements and being in a pool en-vironment.” According to Heine, construction started with demolition of the existing pool shell and soon came to a halt when the demo subcontractor discovered as-bestos pipe lining the entire interior of the pool shell. “This hurdle came in spite of due diligence during preconstruction when

An aerial view of the Bartholomew Municipal Pool

Downtown Austin

Construction News is pleased to an-nounce the launch of its new, rede-signed website.

Welcome to constructionnnews.net, a site where you will find instant access and expanded capabilities to enhance our five printed publications in San Anto-nio, Houston, Austin, Dallas/Ft. Worth and South Texas. Our new website has been crafted to reflect what our readers need and want to know. Additionally, the redesigned site builds upon technology capable of ad-dressing future needs. Upon visiting our site, you will imme-diately notice streamlined menus, simple navigation and access to the information you want. It’s all there for the viewing!

What’s different? New features run the gamut from easy access to all of our stories – or, if you prefer – stories broken out into the city newspaper they originated in. We now offer classified ads and at present, they are free! So, help us kick it off by taking advantage of this section. Do you need a reprint of your story to add to your walls? It is now easy to or-der one or more online. Did your secretary keep your copy of the latest Construction News? No prob-lem! Use our easy to find rack location maps to find the closest location to pick up a copy in most areas of the state. Additionally, you can find a full PDF

Plenty of fun features and expanded access await viewers to the new constructionnews.net.

Austin Construction News • Feb 2015

IE² Construction celebrated five years of business at Cedar Street Courtyard in December. The Austin Party Band

played music on stage. “The party was a blast and it was a great way to extend our gratitude to ev-eryone who has supported us the past five years,” said Mike Nieft, president. “We wouldn’t be where we are today without the continued support of all of our team members and clients.” IE² Construction is a commercial gener-al contractor headquartered in Austin, with a focus on healthcare, tenant improvements, religious, and education projects. –ab

Guests enjoy live music at the party.

Five alive

L-R: Ashley Hesch and Chantal Nieft

L-R: Mike Nieft, Bert Schnoebelen, Tom Mravle and Steven Hesch

Geoff Hernandez (right) and the Integrity Paving & Coatings salesstaff focus on asphalt and concrete services in the Austin area. –ab

Submitted to Construction News

Set in concrete

Charles Gerhart grew up in the HVAC business and learned the trade from his father. Today, he

owns Eagle Air Conditioning & Heating in Round Rock. Gerhart has lived in Round Rock for 35 years. His father started the company and after he passed away, Gerhart took over in 2006. “One of my first jobs for my father was digging ditches,” he said. “I remem-ber my dad taking me to jobsites around

Fly like an eagle

town. I decided to take HVAC classes at a trade school and stay in the trade. “The biggest thing my dad taught me about business was to save money for a rainy day. He also taught me the im-portance of saving for retirement.” Gerhart’s mother Helen helps him with the office work today. He says 2014 was a good year for the company and he looks forward to 2015. “I do 90 percent of the work,” Ger-hart said. “I spend most of my time in the field. “I love what I do today because I en-joy interacting with my customers. I have made so many friends over the years. I have known many of my customers since I was 17.“ A commercial job the company re-cently worked on was for Don Quick & Associates. “When I have free time, I enjoy going fishing,” he said. “I went fishing all the time when I was younger. I took my boat out twice in 2014 because I was so busy at work. “Nowadays, I like to attend my 14-year-old son’s sporting events. My son is taller than I am right now. He plays football, basketball and baseball.” These days Gerhart commutes to Round Rock from Salado. His long-term goal is to spend more time in Salado. Eagle Air Construction & Heating pro-vides HVAC services. –ab

Charles Gerhart has known many of his customers since he was 17.


The Austin Construction News (ISSN 1547-7649) is published monthly, by Construction News Ltd., dba Austin Construction News, and distributed by mail to selected construction-related companies in Austin and surrounding counties. All submissions should be mailed to our editorial offices. We reserve the right to edit any materials submitted. No fees for materials, copy or photographs submitted will be due unless agreed upon in advance in writing. Submissions will be published at our discretion on a space-available basis. Construction News, Ltd., dba Austin Construction News, will not be liable for errors in copy or in advertisements beyond the actual cost of space occupied by the error. Publisher reserves the right to reject any advertisement at any time.

If you are a construction-related company in Travis, Hays, Bastrop, Burnet, Blanco, Caldwell or Williamson counties and are not receiving a free copy of the Austin Construction News,

please call for a Requester Form,or visit our website.

CONSTRUCTION NEWS Austin Austin Editor — Abby BeMent — [email protected] — 832-595-0091

©2015 Construction News, Ltd.

Construction News Ltd. Home OfficeP.O. Box 791290 • San Antonio, Tx 78279

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Publisher . . . . . . . . . . . . . . . . . Buddy Doebbler

Editorial/Production . . . . . . . Reesa Doebbler

Managing Editor . . . . . . . . . . . . . . . . Cyndi Wright

Production Manager. . . . . . . . . . Sue Johnson

Sales Representative. . . . . . . . . Kent Gerstner

Sales Representative. . . . . . . . . . . . . Jim Reilly

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In the early evening hours of Dec. 29, Mildred Doebbler took her last breath and left this world for a better place.

Her three children, me being the oldest, were with her at the end - which was only fitting since she was always there for us. She was small in size and always very prim and proper. She was also ornery, strong-headed, opinionated and tough when she needed to be. Like I said at her funeral, I am my mother’s son all right. But there was a much different side of her. She always supported the three of us in whatever we decided we wanted to do. She never missed a football or base-ball game when we were playing and my sister had many great experiences be-cause of Mom. She was always there to help us and encourage us and her love for the grand-kids and us was always the strongest.

Mom, your job is over

We would sometimes make fun of her little quirks, like dating photos of people in years, months and days. That really came in handy for the funeral, so I guess mother knew best. The last two years of her life were spent in Colonial Gardens Alzheimer's Assisted Living. I know she drove t h e m all crazy at first, wanting perfection for everything, but they came to love her. She was a handful, but they got attached to her and there were lots of tears from staff the day she passed. It was hard to watch this terrible dis-ease take its toll on a once vibrant lady. We can only hope that someday a cure will be found. Mom, you raised your children and took care of daddy but now you can fi-nally rest. Love you always.

Buddy Doebbler, Publisher

Mildred Doebbler at 76

L-R: Angelo Navarro, inside sales and Steve Wilkie, outside sales, starttheir week off right at Mar-teK Contractor Supply LLC. –ab


Men at work

Dear Austin Construction News readers,

We hope you have had a great start to 2015. We wanted to take this moment to thank you for your continued readership and support over the years. If you have read Austin Construction News for a while now, you know what we are all about. If you are a new reader, we wanted to share the paper’s history. It’s funny how good ideas come about. A newspaper for the construction industry in Texas? That idea had its be-ginnings at a surprising place: the kitchen table of Buddy and Reesa Doebbler. The Doebblers had noticed that mainstream media largely ignores this vi-tal segment of the population. Coming from the construction industry them-selves, they felt confident that they could remedy the situation. On Oct. 1, 1998, the paper made its debut in the Doebblers’ hometown of San Antonio. The Doebblers started out with the goal to recognize the accomplishments of the men, women and companies in the San Antonio market in a widely circulated publication that went to all the industry, not just small segments. Their second goal was to expand this concept to the major metropolitan areas of Dallas/Fort Worth, Austin and Hous-ton, to be the largest circulation con-struction publication in the state. In June 2001, Austin Construction News began publication and experienced immediate industry acceptance. Located in the State Capitol of Texas, this sister publication is the hub of coverage for leg-islative changes affecting the industry. The Doebblers get great pleasure when a new company is featured in the paper. When they started out in business, many people helped them. Now, being able to help new companies get off the ground with positive exposure is, to them, giving back. We want to thank our advertisers over the past year who have realized that Construction News is the place to see-and-be-seen. They keep the Industry’s

Thank youNewspaper afloat! We want you to know how much you are appreciated. You rep-resent the lifeblood that sustains us. Austin Construction News remains a “good news” newspaper, reporting the positive aspects and accomplishments that make this industry and its people so dynamic. Time and again, readers report ap-preciation for the articles they read about their current or long lost friends and as-sociates. In many cases, they are com-pelled to pick up the phone and get back in touch – even drop a copy of the article in the mail – just to let them know they saw their article in the newspaper. Each issue highlights a construction project by a local general contractor on the front page. Our in-depth Spotlight interview in-troduces industry business owners or ex-ecutives by sharing their personal histo-ries, outside interests and business ac-complishments. Your outdoor photos and stories can be published in the Great Outdoor section. Our editorial content explores topics and reports about events you will not read anywhere else. In addition to includ-ing statewide and national coverage when appropriate, reporting positive as-pects from the local scene is our first pri-ority. On a personal note: I’ve enjoyed meeting many of you at your company or on a jobsite and hearing from you through phone calls and emails. I look forward to telling more of your stories in coming months. If you have news that would inform or entertain our readers, please send an email or give me a call at 832-595-0091. –ab

Abby BeMentEditor

austineditor @constructionnews.net


Fred W. Heldenfels IVPresident and CEO

Heldenfels Enterprises Inc.

When Hugo Heldenfels arrived in the United States in 1864, little did he know that the Texas lum-

beryard he would found would start a legacy. In 1909, F.W. Heldenfels Sr. and his brother, C.A. Heldenfels, founded Hel-denfels Brothers, a lumber and materials business. By 1936, F.W.’s three sons had joined the business and helped expand into construction of military bases, airports and large highways. Fred Heldenfels IV formed Helden-fels Enterprises Inc. in 1995 and bought the assets of the company’s precast/pre-stressed concrete division. The company is celebrating its 20th anniversary this year. Heldenfels is a manufacturer of pre-cast/prestressed concrete structures for the highway, industrial, commercial and sports construction markets with two manufacturing plants located in San Mar-cos and Corpus Christi. Where were you born, Fred? I was born on Sept. 12, 1957 in Cor-pus Christi.

What was it like growing up in Corpus Christi? It’s fun to grow up near lots of water and beaches with plenty of hunting, fish-ing, surfing, sailing and water skiing near-by.

Where did you attend high school and college? I graduated from Richard King High School in 1975 and I earned a bachelor’s degree in Business Administration from Texas A&M University in 1979.

What was your very first job? When I was 14, I split the summer working at the precast plant in Corpus Christi as a general laborer and on the work crew at the HEB Foundations sum-mer youth camps.

What did you decide to do after gradu-ating college? I began working for a company that is now known as Accenture in Houston.

What sparked your interest to work in your industry? It felt like a natural part of my family’s heritage and responsibility. Initially, my main motivation was to continue our family’s tradition of building for another generation. However, Heldenfels Enterprises has since grown into a team of dedicated pro-fessionals and skilled craftsmen, of which I’m very proud. We try to instill a sense of pride and ownership by getting our employees in-volved in the big picture of what they are helping to build – not just saying, “Here, manufacture these pieces.” During recent stadium projects, our supervisors, foremen, and crew leaders made field trips to see the stadiums un-der construction. We took our entire workforce to a ballgame at Minute Maid Field during the Houston Astros” opening season, so they could see the results of their handiwork.

What were the early days like at the company? We started with only three projects in backlog, then had to deal with a severe cement shortage in 1996.

What are a few positive happenings lately? As Aggies, my brother Gil and I have gotten great satisfaction from playing a role in the redevelopment of Kyle Field!

What special qualities do you look for and encourage in employees? Naturally, we encourage hard work, loyalty and dedication, but we also look for a willingness to innovate and ask questions. We want people who are not afraid to admit they don’t know the answer, but who show the initiative to find answers and take calculated risks because they recognize the opportunity for reward, for both the company and themselves. Last, but definitely not least, integri-ty is an essential quality.

What types of changes have you seen in your industry in the past five years? Projects and structures are much larger today and are being designed to span longer distances and seat record crowds. Tell us about your family. I married my wife Elizabeth (Liz) Pfaff Heldenfels in Apr. 1980. We will celebrate our 35th wedding anniversary in April. Liz and I have three grown children, Amy Jerke, 32, William, 30 and Holly, 27. We have two grandchildren named Cul-len, 5 and Eloise, 1. Ryan Jerke is our son-in-law.

When did you move to the Austin area? My wife Liz and I moved from Corpus Christi to Austin in 1997. In your opinion, what is the best part about working and living in the Hill Country? Everything is great about living in the Hill Country other than the traffic and cedar! Plus we’re only two hours from College Station.

How do you spend your free time? My hobbies these days are snow ski-ing, watching Aggie football and reading. I am a Sunday school teacher and chairman of the audit committee at Hyde Park Baptist Church. Maintaining involvement in the com-munity outside my role as president and CEO, I serve on the Texas A & M 12th Man Foundation Champions Council, Chan-cellor’s Century Council, Texas A & M Uni-versity System, Texas A & M Association of Former Students, TAMU – Corpus Christi: President’s Council and Texas Ly-ceum Association Alumni.

In addition, I serve on current boards including A & M PAC, College For All Tex-ans Foundation, Texans for Lawsuit Re-form PAC, Texas Construction Associa-tion PAC and I serve as a BBVA Compass Bank Austin region advisory director. Have you traveled anywhere lately? Yes, the most recent places I traveled to were Alaska and Colorado.

What is rewarding about what you do today? I enjoy carrying out our personal and corporate mission to be good (God will-ing even great) stewards as we help build our state and its communities.

Did you have a mentor in the industry when you first got started? Both my grandfather and father were early mentors to me and also Chuck O’Leary, a former industry CEO and re-tired member of our board.

How will Heldenfels Enterprises cele-brate the milestone in 2015? We are currently planning some-thing special for our 20th anniversary. What does it take to be successful in your industry? I think the keys to success in the con-struction industry are faith, persistence and a continually improving team.

What are your future goals for Helden-fels Enterprises Inc? My goals are to continue healthy growth and a healthy balance sheet - good Lord willing!

If your great-grandfather could see what you’re doing now, what do you think he would say? Naturally, I hope he would be proud that the business he started in 1909 con-tinues today. I think he’d be proud of the continu-ous improvement in our quality, schedul-ing and project management services.

If your great-grandfather were to give you advice, what would he say? He would probably use one of his fa-vorite sayings, “Keep on plugging,” his way of encouraging perseverance and consistency. He would want our team to perse-vere during the tough times, when find-ing new work is difficult, as well as during the good times, when the greatest ene-my of any business is complacency. –ab

Fred Heldenfels IV

American wayConstruction News ON LOCATION

L-R: Steven Malone, Dane Jackson, Merced Ojeda, Tyler Sutton, Joey Elliottand Bryce Ramsey stay busy at American Bolt Co., a distributor of bolts,

fasteners, tools and accessories. –ab


A winning evening

Members and guests of the Austin Chapter of Associated General Contractors (AGC) met on Fri.,

Jan. 23 for the annual Outstanding Con-struction Awards Banquet.

The event was held again this year at the AT&T Executive Education and Con-ference Center on the University of Texas campus.

The group, with over 160 in atten-dance, enjoyed conversation with friends, a great dinner and the presentation of this year’s winners. –bd Category: Building 3 ($5 Million - $10 Million)

General Contractor: Solis Constructors, Inc.Project: FY 12 SOF C-130 Washrack HangarDesign Firm: USACE Albuquerque District

Category: Design Build 1 ($0 - $10 Million)General Contractor: Chasco Constructors

Project: Bartholomew Municipal PoolDesign Firm: Carter Design Associates

Category: Interior Finish-Out 1 ($0 - $500 K)General Contractor: Sabre Commercial, Inc.

Project: University of Texas at Austin, Student Union Building, Events Center

Design Firm: McKinney York Architects

Category: Industrial Warehouse 2 (Over $5 Million)General Contractor: Rogers-O’Brien Construction

Project: INSYS Therapeutics PharmaceuticalManufacturing Facility

Interior Design Firm: PageExterior Design Firm: Studio 8 Architects

Category: Design Build 2 ($10 Million - $30 Million)General Contractor: The Beck Group

Project: Nutrabolt Corporate HeadquartersDesign Firm: Beck Architecture in association with

Standard Architects

Category: Building 4 ($10 Million - $30 Million)General Contractor: Bartlett Cocke General Contractors

Project: Dearing Elementary SchoolDesign Firm: Stantec

Category: Health Care 3 (Over $30 Million)General Contractor: Rogers-O’Brien ConstructionProject: Forest Park Medical Center San Antonio

Design Firm: BOKA Powell

Category: Specialty ConstructionGeneral Contractor: Jay-Reese Contractors, Inc.

Project: Boardwalk Trail at Lady Bird LakeDesign Firm: Jacobs

Category: Building 5 ($30 Million - $75 Million)General Contractor: Andres Construction Services LLC

Project: Gables Park Plaza TowerOwner: Gables Residential

Design Firm: Ziegler Cooper Architects

Category: Interior Finish-Out 4 (Over $5 Million)General Contractor: The Beck GroupProject: University of Texas at Austin,

Norman Hackerman Building Level 2-6 FinishoutDesign Firm: CO Architects & Taniguchi Architects

Category: Interior Finish-Out 2 ($500 K - $2 Million)General Contractor: Sabre Commercial, Inc.

Project: University of Texas at Austin, Active Learning ClassroomsRenovation, McCombs School of Business

Design Firm: DMD Designworks

Category: Health Care 1 ($0 - $10 Million)General Contractor: Sabre Commercial, Inc.

Project: Seton Medical Center Austin MRI Suite RenovationDesign Firm: O’Connell Robertson

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Last month we began the discussion of “invisible” ex-clusions – exclusions that may not be brought to the

attention of the insurance buyer and that will not be de-clared on a certificate of insurance. Discussed were three endorsements that gutted the contractual liability coverage required in most construc-

tion agreements. This discussion focuses on five other largely invisible endorsements that delete needed (and usually required) coverage.

Invisible exclusions, part IICharles E. Comiskey, Sr. V.P.Brady, Chapman, Holland & Associates, inc.Houston, TX

Classification Limitation General liability coverage usually covers all operations of an insured. A classification limitation restricts that cov-erage only to certain specifically listed classifications on a policy. If an opera-tions falls outside of that description (in the insurance company’s opinion), no coverage is provided. For instance, we recently reviewed the coverage for a large excavation con-tractor. 100% of their work was per-formed underground, but their classifi-cation as stated on their policy excluded any damage to property underground. Good deal for the insurance company, right? Not so good for the unaware con-tractor.Habitational or Residential Exclusion When addressing a group of con-tractors, I like to ask how many of them never do any residential work. The vast majority raise their hand. The follow-up question is whether they would do resi-dential work if requested by their largest customer, or their mother or sister, and the story changes. A residential exclusion is an absolute exclusion. There is no exception for cer-tain customers or family members. What is the definition of “residen-tial”? It varies widely and may be nego-tiable, but many insurance companies have a very broad definition including anything with a bed – homes, apart-ments, condos/townhomes, jails/pris-ons, dorms, barracks, sometimes even hotels or motels. If confronted with a habitational or residential exclusion, don’t assume. Ask.Insured vs. Insured Exclusion A Named Insured vs. Named Insured endorsement excludes cross claims against members of the same economic family and is perfectly acceptable. An Insured vs. Insured exclusion, however, excludes cov-erage for any claim made by any insured against any other insured. If your firm is an additional insured on another contractor’s coverage, it is an insured. An Insured vs. Insured exclusion eliminates all coverage should your firm bring litigation against that other contractor.Subsidence Exclusion A subsidence exclusion is really a thinly veiled construction defect exclu-

sion. The wording varies from insurance company to insurance company, but usu-ally includes reference to collapse of drains, improper soil compaction and movement of earth in any manner. For any contractor performing underground or concrete work, a subsidence exclusion could be deadly.Punitive, Exemplary or Multiplied Dam-ages Exclusion Punitive/exemplary claims against contractors are rare and difficult to prove, but practically every construction-relat-ed claim includes an allegation of viola-tion of the Deceptive Trade Practices Act. This is a much easier allegation to prove, and if proven the damages are multiplied three-fold. As recommended last month, discuss these exclusionary endorsements with your insurance broker, and verify that they are not included in your insurance program. But what if you are the up-stream party depending on a certificate of insurance? Two steps can be taken:

1. In your insurance requirements, state that these endorsements are prohibited on the downstream par-ty’s insurance program; and

2. Require a copy of the Schedule of Forms and Endorsements page veri-fying that they haven’t been includ-ed in the underlying insurance pro-gram.

If any of these endorsements are be-ing used, obtain copies and read them carefully with the assistance of your in-surance broker. Attempt to negotiate around any undesirable wording, or con-sider selecting another contractor whose insurance program more closely com-plies with your needs. Next month we will discuss fre-quently misunderstood additional in-sured issues and the invisible exclusions inherent in them.

Charles E. Comiskey, CPCU, CIC, CPIA, CRM, PWCA, CRIS, CCM, is Sr. V.P. of Brady Chapman Holland & Assoc. and is National Chairman of the Construction Insurance Practice Group of RiskProNet International, the 5th largest broker-age organization in the U.S. He can be contact-ed at 713.979.9706 or [email protected].

Saving tax dollars with areverse audit

John Wellington, Director of State and Local TaxesLane Gorman Trubitt PLLCDallas, TX

If you have not paid all of your Texas sales and use tax-es, chances are the Comptroller’s Office will let you

know about it. However, when you pay too much sales and use tax, no one is going to tell you. To identify over-

payments and seek reimbursements, companies should consider conducting a “re-verse audit,” whereby it audits its own records looking for overpayments of sales and use taxes.

Take Advantage of Tax Exemptions While many companies have sales and use tax compliance systems in place to prevent overpayment, such systems need to be frequently reviewed to ensure that they are working properly. Business expansion or downsizing, employee turnover, or even just human error can compromise the safeguards you have in place, resulting in overpaying sales and use tax. The majority of overpayments come from unclaimed tax exemptions. With a combined sales tax rate in Texas typically exceeding 8%, it can be well worth your time to ensure that you are claiming all of the exemptions that you are entitled to receive. For example, manufacturers are ex-empt from sales tax imposed on their manufacturing equipment and related replacement parts and utilities. Begin-ning in 2014, Texas also offers an exemp-tion for certain research and develop-ment expenditures.

Timing is Everything One of the best times for conducting a reverse sales and use tax audit is at the start of a major capital project. Even if you cannot commit to the time and ex-pense of a full companywide audit, you can still audit the transactions specifically associated with this project. Not only will you uncover overpayments during the project, but you will also be reminded of previous projects with similar transac-tions. Another excellent time for a reverse audit is when there is a significant change to state tax law. Changes in tax laws are often overlooked, but can result in sig-nificant missed opportunities. As the 2015 Texas Legislature ramps up, many sales tax exemptions are being consid-ered.

The Anatomy of a Reverse Audit A reverse audit should look at both your tax compliance systems and your purchasing records. It should encompass your entire business and go back as far as the statute of limitations will allow (four years in Texas).

Sample payments that should be re-viewed include:• Warehouse equipment• Safety equipment• Maintenance fees• Service transactions• Software licenses• Protective clothing When examining whether you have made overpayments in these or other ar-eas, it is important to have a comprehen-sive understanding of your operations and the applicable tax law. Companies must be able to examine the process as a whole to maximize the benefit from po-tential sales and use tax exemptions.

Worth the Investment Reverse audits can be a lengthy and involved process, but the rewards can make it well worth the effort. When uti-lized to its full potential, a reverse audit will not only allow you to claim refunds of significant amounts of overpaid taxes, but will also enable you to update your compliance systems to minimize over-payments in the future. The intricacies of sales and use tax law are complicated. Before tackling them on your own, be sure to work with your trusted state and local tax special-ists.

About Lane Gorman Trubitt, PLLCFounded in 1950, Lane Gorman Trubitt PLLC (LGT) is one of the largest certified public accounting firms headquartered in Dallas, Texas. Dedicated to serving the mid-dle market, the firm represents a broad range of clients, from individuals to public companies, in a variety of industries. LGT offers traditional accounting, audit and tax services, as well as various other specialized services. In an effort to expand the services we provide to our valued clients, LGT has launched three affiliated companies, LGT Financial Advisors, LLC, LGT Insurance Ser-vices Inc. and LGT Retirement Plan Solu-tions.

Taking it all inSubmitted to Construction News

The Texas Society of Professional Engineers (TSPE) members enjoyed a beautiful day after a leadership session at the Canyon Of The Eagles at Lake Buchanan. –ab

Cool and collectedConstruction News ON LOCATION

Owner Casey Dean, Bullseye AC & Heating LLC, loads materialsin his truck in Austin for a day of work. –ab


It is common knowledge that if you plan to sue the driv-er who ran into you at the intersection, you need to

photograph, inspect and adjust your damages to pre-serve your claim.

Don’t spoil your claimKaren Landinger, PrincipalCokinos, Bosien & YoungAustin, TX

What seems so obvious in the con-text of an automobile accident often gets lost on the construction site. Deadlines, schedules and weather can all make the need to correct a problem seem more ur-gent than the need to document the problem. However, without proper documen-tation, notification and preservation, you might end up picking up the bill for someone else’s mistake. In simple terms, spoliation is the im-proper alteration or destruction of evi-dence that is important to the evaluation of claims in litigation. The spoliation of evidence may give rise to a presumption and instruction to the jury that the evi-dence would have been harmful to the party who destroyed or failed to preserve it. Last year, the Texas Supreme Court instructed that a duty to preserve evi-dence exists when “a party knows or rea-sonably should know that there is a sub-stantial chance that a claim will be filed and that evidence in its possession or control will be material and relevant to that claim.” Brookshire Bros., Ltd. v. Al-dridge, 438 S.W.3d 9, 20 (Tex. 2014). A spoliation instruction will be pro-vided where “(1) the spoliating party acted with intent to conceal discoverable evidence, or (2) the spoliating party act-ed negligently and caused the non-spoli-ating party to be irreparably deprived of any meaningful ability to present a claim or defense.” Petroleum Solutions, Inc. v. Head, 11-0425, 2014 WL 7204399, at *5 (Tex. Dec. 19, 2014). As a result of job site dynamics, spo-liation is a considerable risk in the con-struction industry. In the Miner Dederick case, the spoliation of evidence resulted in the loss of a $727,000 verdict by Gulf Chemical and Metallurgical Corporation (“Gulf”). Miner Dederick Const., LLP v. Gulf Chem. & Metallurgical Corp., 403 S.W.3d 451, 455 (Tex. App.—Houston [1st Dist.] 2013, pet. denied). Gulf contracted with Miner Dederick for the expansion of a hazardous material containment building which included the pouring of a new foundation. Follow-ing completion, the foundation began leaking at an expansion joint. Gulf re-quested that Miner Dederick repair the expansion joint pursuant to a warranty.

Miner Dederick refused to remedy the defect, but sent three separate requests to Gulf asking for the right to inspect the expansion joint. Gulf denied Miner Ded-erick’s requests, and undertook repair which included covering the expansion joint with a new sealant and pouring sev-eral inches of concrete over it. Gulf subsequently sued Miner Ded-erick for the cost of the repairs. During trial, Miner Dederick sought a spoliation instruction asserting that Gulf destroyed or concealed evidence regarding the al-leged defects of the expansion joint. The trial court denied the request and award-ed Gulf $727,000 in damages. On appeal, the First Court of Appeals ruled that be-cause Gulf was aware of the chance that it would file a claim against Miner Deder-ick, Gulf had a duty to preserve the ex-pansion joint, and, by resealing the joint and covering it with concrete, Gulf breached that duty. The court also found that Miner Dederick was injured by Gulf’s action and consequently reversed the judgment of the trial court. Given the harsh effects of a spolia-tion instruction, contractors would be well advised to err on the side of caution when it comes to preserving evidence. Merely taking photographs and docu-menting expenses may not be sufficient. See id. at 470 (finding that the value of the spoliating party’s photographic docu-mentation was insufficient because the non-spoliating party did not have oppor-tunity to conduct forensic testing). The Miner Dederick Court suggested that if a party has a legitimate need to de-stroy evidence, it might discharge its duty by giving the other party notice of the claim and a right to inspect and test the evidence before its destruction. The failure to follow procedures may result in a loss far greater than the delay.

Karen Landinger is a principal of Coki-nos, Bosien &Young, a full service law firm with offices in Houston, San Antonio, Dallas and Austin. For more information on our services, please visit www.cbylaw.com

Forklift SafetyJoann NatarajanCompliance Assistance SpecialistOSHAAustin, TX

Safety rules developed under the Occupational Safety and Health Act (OSHA) regulate the safe use of fork-

lifts and other “powered industrial trucks” in the work-place can be found in 29 CFR 1910.178. This standard is

available at the OSHA web site: http://www.osha.gov

A forklift is a powerful tool that al-lows one person to precisely lift and place large heavy loads with little effort. Using a tool such as a forklift, cart or hand truck instead of lifting and carrying items by hand can reduce the risk that you will suffer a back injury. However, there is great risk of injury or death when a fork-lift operator: • Has not been trained in the princi-ples of physics that allows it to lift heavy loads,• Is not familiar with how a particular forklift operates,• Operates the forklift carelessly, or• Uses a forklift that is not safe due to malfunctioning or missing parts. When-ever an attachment is used that could af-fect the capacity or safe operation of a forklift, its use must be approved by the forklift manufacturer. The employer must mark the forklift to show the new weight with attachment. The maximum capacity at the highest elevation must also be shown. OSHA standards require that the em-ployer ensure that a forklift operator is competent to operate the forklift he or she is assigned to use. The employer must document operator training and an evaluation of the operator’s performancewhile using the forklift.

Refresher training must be given if the operator is observed operating the truck in an unsafe manner, is involved in an accident, near miss, or is assigned a different type of truck. In a car or truck the front wheels steer the vehicle. A forklift has the steer-ing wheels in the rear. The rear end of the forklift swings in a circle around the front wheels that support most of the load. The operator must check that there is room for the rear end to swing when making turns. A forklift is not as responsive as a car when turning the steering wheel. Rear steering makes it difficult to stop a forklift quickly or swerve and still maintain con-trol. It is important, then not to drive a forklift fast or round corners quickly. If you drive a forklift on an incline, you must keep the load on the uphill side. Otherwise, you may have no weight on the wheels that steer and can lose control! The load could also fall off or cause the forklift to tip. Often a large forklift load obstructs the driver’s view in one direction. It may be necessary to travel long distances with the load to the rear (in reverse for most forklifts).

[email protected] x232

Party of fiveConstruction News ON LOCATION

L-R: Mike Mendoza, Casaundra Glass, Elizabeth Ellis, Ron Dokken and Ric Marez have a productive Monday at Building Specialties in Round Rock. –ab

The Central Texas Subcontractor Association (CTSA) has named the board of direc-tors and officers for 2015.

President: Parker Holt, HigginbothamVice President: Mark Petrikat, Silicone Specialists (SSI)

Treasurer: Cassie Fahnert, Brown, Graham & Co. P.C.Secretary: Bonnie Sells, Alpha Painting & Decorating

Officers:Jeff Blair, Construction Metal Products; Steve Wilkie, Mar-Tek Contractors Supply; Todd Hewitt, Texas Fifth Wall Roofing Systems Inc.; Jim Sunvision, Sunvision Electric; Jack Payne, BJ Electric; Chris Lambert, L & O Electric Inc.; Joanna Baltierra Just, Padgett, Stratemann & Co. and Justin Welch, Blazier, Christensen, Bigelow & Virr P.C.

Subcontractor leaders


Stepping up

Bigger in New Braunfels

Part of NeoPod Systems business model is focused in on larger proj-ects, explains Michael Miller, Texas

operations manager, noting that the larg-er projects are where the system really shines. Since the prefabricator of bathroom units likes to do projects that get into the hundreds of units, a recent job proved a need for a bigger space with greater ca-pacity. Running close to 50 workers daily, the company is currently building 600 units for a Great Wolf Lodge hotel and waterpark in California. The job prompt-ed a move to New Braunfels in August. At the previous facility in San Antonio, which opened in 2011, they turned out about five pods per day. Now, at the new facility in New Braunfels, Miller estimates they are hitting eight per day. Approxi-mately 50,000sf, the building is one big warehouse, whereas the old facility had two warehouses that divided the space. The New Braunfels location is at the

northern edge, outside of the city limits between New Braunfels and San Marcos. This is good for Miller, who lives in Austin and commutes to the facility pretty much every day. Miller went to the University of Illi-nois, Champaign, for mechanical engi-neering. He started doing CAD work for NeoPod, and grew from there, doing pro-gramming of the CNC machine and read-ing plans and specs. NeoPod does units for projects that require hundreds of identical rooms, such as hotels, dorms and military bar-racks. A recent example is the mental health facility project in Austin called The Oaks that NeoPod did for University Health System (UHS), developing the plan from scratch. Miller notes that UHS is planning to use it for multiple projects across the country, and NeoPod will be able to build the bathrooms in New Braunfels and send them out just as they did for Austin. –mh

The NeoPod team has a lot more room to work at the new facility in New Braunfels.

Austin Pets Alive! re-cently faced an is-sue with building

code violations at the Town Lake Animal Center. Several construction related companies stepped up to ensure that Austin Pets Alive! could continue saving animal lives. Austin Pets Live! has now addressed all the city code violations and were helped out by Collier Law, Bailey Elliott Construc-tion Inc., Deville Custom Homes, GCTEX Painting Inc. and Aus-Tex Building Consultants. –ab

A strong foundation

Gypsum Supply LLP opened its doors in the Austin area in 2008. The company has changed its

name to Foundation Building Materials. “In the beginning, we hit the ground running with our first project which was the iconic Austonian,” said Rosie Bryant, assistant branch manager. “We were a relatively small company back then and we were able to make a mark in the downtown Austin skyline.” Bryant says the company continued to expand and earlier in 2014, Foundation Building Materials bought out the com-pany. “This propelled us to the next level,” she said. “We are now a nationwide com-pany with 61 locations in 14 states. We have acquired key personnel and have grown our delivery fleet to insure we continue servicing all of our customer’s needs.” Throughout the year, Foundation

Building Materials holds customer appre-ciation functions to give back to custom-ers and their families. “In addition, we have hosted hunting and fishing trips, sporting events and golf outings as well as luncheons and din-ners,” Bryant said. “We enjoy meeting af-ter hours and playing volleyball, as well as getting together on the weekends and going for motorcycle rides through the beautiful Texas Hill Country.” Even though the company name changed to Foundation Building Materi-als, employees are still a tight knit group with strong core values. “Our goal at Foundation Building Ma-terials has and always will be to continue to work hard for our customers, to do business with integrity and honesty and to build lasting relationships with every-one we do business with,” Bryant says. Foundation Building Materials is a source for building materials and tools. –ab

L-R: Jeremy French, Rosie Bryant, James Fulkerson, Harrold Miller and Rachel Griggs

Deville Custom Homes spent the holidays making repairs.

A painter with GCTEX Painting Inc. does the exterior painting.

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BAFFIN BAY –– LAGUNA MADRE –– LAND CUTSPECKLED TROUT –– REDFISH –– FLOUN DER

FISHING AND HUNTING TRIPS

STEVE SCHULTZ OUTDOORS, LLC

(361) 813-3716(361) 334-3105

www.baffi [email protected]

U.S. Coast Guard &Texas Parks and Wildlife Licensed

Having a blastSubmitted to Construction News

Lisa Word, ACT Pipe & Supply Inc., recently went on her very first dove hunt in the Texas Hill Country. She says she had so much fun and she looks forward to going again! –ab

Mother Nature cranks up winter

by Capt. Steve Schultz

Sponsored by:Premier Yamaha Boating Center,

Majek Boats, E-Z Bel Construction,Power Pole Shallow Water Anchor,

Aggregate Haulers, Interstate Batteries, Pure Fishing, Mirr-O-Lure, ForEverlast

Hunting and Fishing Products andColumbia Sportswear.

As we roll into February, which I con-sider our coldest part of the winter, we are faced with constant weath-

er changes. Cold fronts every four to five days followed by warming trends in be-tween. This makes it hard to plan for any type of outing on the water, mainly be-cause you never know how severe the weather is going to be, and depending on an accurate weather forecast is practi-cally impossible. For this reason, you must be ready to roll on the spur of the moment. February can be a tough time to lo-cate fish, but with a little knowledge of fish habits, you can eliminate a lot of wa-ter and narrow down the areas in which you want to fish. Learn to read the water. By that I mean look for signs of baitfish and game

fish that may be present. Some exam-ples would be, starting with the most ob-vious, is feeding sea gulls. Find the feed-ing gulls and specks are sure to be pres-ent. Feeding pelicans are another dead give-away. Schools of hungry specks are feeding on the shrimp or baitfish, send-ing them fleeing to the surface to escape. Another sign of feeding specks are so called “SLICKS.” The active feeding of game fish and regurgitation of baitfish they are eating cause these oil slicks floating on the surface. You will usually detect a sweet smell near the slicks. Fish-ing under and around these slicks is very productive for specks, as most fish will be caught on the bottom as they wait for injured baitfish and/or the remains of baitfish falling from the surface. The best way to fish the birds or the slicks is to qui-etly drift or wade into the area being ex-tra careful not to disturb the feeding fish. If you’re in a boat equipped with a troll-ing motor, use it instead of running your outboard! Fishing pressure is beginning to be a big issue this time of the year. With most

Mark Afram of Corpus Christi caught this 4-lb. Speck on an Original Corky Devil on acold morning last month in Baffin Bay, while fishing with Capt. Steve Schultz.

Water temp. was 46 deggrees at the start of the day.

of the anglers wading and pre-fishing for upcoming tournaments, you can bet there will be someone in a spot where your want to fish, especially if it’s one of the more popular spots in Baffin. Cathead, East Kleberg and some of the other well-known areas that have

been known for big fish will be congest-ed always. If you’re in one of the more popular spots and fish don’t seem to be biting, don’t throw in the towel too early. When you decide on an area to fish, give it time. I sometimes see a fisherman pull into an area to fish and get out of his boat. If he is not catching anything in a short while, he will get back into his boat and leave to try another area. It’s impor-tant to fish an area thoroughly. This time of the year your cast-to-catch ratio is probably going to be 300 to 1. In the product section this month is something that every angler must have if they are wading in fridge water of the La-guna Madre. My Simms waders are by far the most important item on the boat dur-ing the winter months. They are the toughest, driest, and most comfortable pair of waders I have ever owned. Layer-ing up with Simms clothing and finishing out with your Simms waders, you will be assured that you can with stand Mother Nature’s hashish conditions. To schedule your next bay fishing trip give Capt. Steve Schultz a call at 361-813-3716 or 361-334-3105 or e-mail him at [email protected]. Al-ready booking for the 2015-fishing sea-son. Good luck and Good Fishing.

The buck stops hereSubmitted to Construction News

L-R: Carson and Connor Schultz both harvested their first buck this season.(Capt. Steve Schultz’s sons, Steve Schultz Outdoors)

Carson’s deer was a straight up six-pointer weighing 165 lbs.and Connor’s deer was an eight-pointer weighing 175 lbs. Both deer wereharvested in McMullen Co. Way to go boys! Made Dad Proud!! –rd


Ken Milam’s Fishing LineSince 1981, Ken Milam has been guiding fishing trips for striped bass on Lake Buchanan in the Texas Hill Country,. You can hear Ken on radio on Saturday and Sunday mornings, 6-8

AM on AM 1300, The Zone – Austin, or http://www.am1300the zone.com

I have been a fishing guide since 1981. I have fished thousands of trips and met jillions of fine people. For the most part things go well, but not every time. Some-times people can mess up their own trip without even trying. Here are some tips to help you always get the most out of your guided hunting or fishing trips.1. Give your guide some lead-time. This is especially important if you need a trip during a high demand time like spring break or summer vacation. Remember, if you know about a good guide, there are probably a couple of thousand other people that have his phone number too. The further you can plan ahead, the better chance you get the day you want.2. It is never a good idea to change the game plan with-out advising your guide. It is understandable that the number of people in your party might change between the time you book a trip and finally get to go. Tell your

guide so he can have what is needed for your trip at hand or help you make other arrangements. If you find you are running late, let your guide know.3. Don’t show up to your fishing or hunting trip stink-ing drunk. Nothing spoils a good time like having to wag a semi-conscious hunting buddy all over the pas-ture with you. Find out what your guide’s policy is re-garding alcohol. If it is permitted, be sure you have a designated driver so you don’t have to sleep it off in the guide’s back yard.4. Try not to bring too much stuff. When you are on a guided trip you need to be able to move around well and not be hindered by gadgets, excess baggage and monster ice chests. Ask your guide what you need to have with you.5. Keep an eye on the weather, not the weather where you live, but the weather in the locale where you will be fishing or hunting. Every year we see a lot of people bail out of the truck looking like they came to the wrong party. Weather is not just what happens to you on the way to the car. When in doubt, call your guide. You can be sure he will know what to expect because his very livelihood depends on him knowing what direction the

How to get the most from your guide

wind is coming from.6. If you are an experienced hunter or fisherman it’s okay to share your stories with the rest of your party. Just don’t be a know-it-all. When you hire a guide, you are getting a chance to learn from his experience. Ev-eryone does things in their own way and you are sure to pick up something useful if you just keep your eyes and ears and your mind open.7. Don’t expect the guide to discipline your children. If your kids are disruptive and disobedient, they may not be ready for a guided hunting or fishing trip. Most guides enjoy getting to work with kids because it’s fun to see them have a good time and learn something new, but your trip is still serious business. Just remember you hired a guide, not a babysitter.8. Last but not least…tipping. If your guide has done a good job for you, reach in your pocket and tip the man. Your tip will be much appreciated and will let him know he did you a good job. Try not to ask your guide to give you back $2.50 in change. C’mon! In short guides are people too. We want to do the best job for you that we possibly can if you will let us.

TexasStyle

San Antonio Austin Dallas/Fort Worth Houston South Texas

www.constructionnews.netpublishing the industry’s news

Branch manager Shawn Young, H & E Equipment Services, shot his largest buck to date at Uno-

Mas Ranch in La Salle County. The bucked scored 165 6/8. Young has

has been archery hunting at the ranch for 17 years. –ab

One big buckSubmitted to Construction News

Half or Full Day Fishing Trips

All Bait, Tackle & EquipmentFurnished

Your catch Filleted andBagged for You

Furnish your TPWD FishingLicense & Refreshments,

and WE DO THE REST!Ken Milam Guide Service

(325) 379-2051www.striperfever.com


When they aren’t out in the field, the guys with CC Carlton Industries Ltd. like to spendtime on the golf course, especially at Twin Creeks Golf Country Club. –ab

Fore!Submitted to Construction News

The folks at Native, a commercial and residential solar and net zero construction provider, spent time in nature with their families on a trip to Enchanted Rock. –ab

Family hikeSubmitted to Construction News

Saturday night lightsSubmitted to Construction News

RDO Equipment employees visited McLane Stadium the night before the Baylor football game in Waco in December. –ab

15 to 500 TonCapacitiesAvailable for yourToughest Projects

www.alamocrane.com

San Antonio (210) 344-7370Austin (512) 282-6866Toll Free (800) 880-0134

35 Years of Service to Texas

fromEl Paso to Beaumont

Amarillo to Brownsville

Installing utilities in downtown AustinWe can help you lay a lasting beginning


Walk the walkSubmitted to Construction News

The Beck Group staff and friends had a great time participating in the American Heart Association – Austin Heart Walk. –ab

Hog heavenSubmitted to Construction News

Marina Word, niece of Lisa Word, ACT

Pipe & Supply Inc., got her first hog in

the Texas Hill Country. –ab

Hunting buddiesSubmitted to Construction News

Kevin Bayer, Austin Glass & Mirror Inc., took his sons Kason, 10 and Weston, 7, hunting in Lee and Maverick counties during hunting season. “Kason harvested an 8-point buck and a spike and Weston shot a doe and a hog on our hunting trips together in 2014,” Bayer said. “We all had a great time!” –ab

Kason Bayer and a 8-point buckin Lee County

Weston Bayer shot a hogin Maverick County

The Bayer brothers bond during a hunting trip.

Kayleigh Wright, daughter of Darby Wright, SERVPRO of San Marcos/New Braunfels, loves going bird hunting in the Hill Country. –ab

Bird huntressSubmitted to Construction News


Making a good showing

The Air Conditioning Contractors ofAmerica Texas Chapter (ACCA) held an

annual bowling tournament in Austin in December. Congrats to Shembra Adams

for winning the coveted trophy! –ab


Bowling champion

The 17th annual Home & Garden Show took place at the Austin Con-vention Center Jan. 16-18.

Local contractors and remodelers at-tended seminars and learned about new products and services in the industry. Jen and Brandon Hatmaker of HGTV’s My Big Family Renovation made an appearance at this year’s event. –ab

National Association of the Remodeling Industry Austin Chapter (NARI)

Cedar Park Overhead Doors

Granite Transformations

A Ninja Turtle sighting at the event.

Pella Windows & Doors

ASAP Windows & Siding

Jose Salas, Dobie Supply, prepares barricade panels to be sheetedwith 3M HIP tape in the warehouse. –ab


Classic concentration

Past editions can bedownloaded at

www.ConstructionNews.net

Did youknow?

World of weldingConstruction News ON LOCATION

L-R: Brian MacDonald, Dennis McClan, Tracy Chapman and Dawn McKinstry enjoy visiting with their customers at Round Rock Welding Supply. –ab


John Holwitz taught a training class at the Super-Krete Kyle location inmid-January. Super-Krete provides products for concrete repair, restoration,

waterproofing and beautification. –ab

Elements of concreteConstruction News ON LOCATION

Cordial at the counterConstruction News ON LOCATION

L-R: Fernando Barbosa and Dennis Minks take care of sales atAustin Wholesale Decking Supply. –ab

Inside salesman Eric Wells is ready for the New Year at Rexel,a distributor of electrical supplies. –ab

Jump startConstruction News ON LOCATION

A United frontConstruction News ON LOCATION

The United Rentals sales and service staff are ready to have a productive New Year. –ab

Making dreams come true

Jerry Penick, president, and his wife Kelly, vice president, operate Cre-ative Custom Cabinets together in

Round Rock. “We opened for business 12 years ago on Valentine’s Day,” Kelly Penick said. “We are so proud of our employees past and present.” Starting in a 3,500-sf office/ware-house near Highway 183, the company moved to its current 30,000sf facility in 2007. “We had a good year in 2014,” she said. “We have great accounts that keep us busy. 2015 is going to be our best year yet.” Penick says the company has an an-nual employee Christmas party and a barbecue event during the year. “We are a very family-oriented busi-ness,” she said. “The most rewarding part about what we do is having satisfied cus-tomers. “In the future, we plan to keep going and do what we need to do to continue to succeed.”

Creative Custom Cabinets provides residential and commercial cabinetry, shelving, entertainment centers and dis-play cabinets. –ab

Rafael cuts material for cabinets in the warehouse

L-R: Kevin Nusbaum and Christopher Drier run doors on an Edge Bander.


Construction Safety

Partners in safety

Jon Marek,Account Manager

andCasey Wenzel,

Regional ManagerMEMCO

San Antonio and Houston, TX

Safety on the job is always a priority. If you’re a contractor, every employee’s safety is your responsibility. But what happens when your employee comes from a staff-

ing company? The answer is that his or her safety and job-specific training is still your responsibility; however, you have a partner in the employee-protection process.

Marek Wenzel

Marek Employment Management Company, known as MEMCO, provides skilled tradesmen/semi-skilled workers and unskilled labor for a wide variety of commercial construction companies. Along with local OSHA representative Raul Carrillo, Jon Marek, manager for MEMCO in San Antonio, helped establish a partnership between MEMCO and OSHA through the safety administra-tion’s alliance program. Marek cites excerpts from a docu-ment available at OSHA’s website, “Rec-ommended Practices: Protecting Tempo-rary Workers” with guidelines for the re-sponsibilities regarding a contractor and staffing company:

“Staffing agencies should provide general safety and health training appli-cable to different occupational settings, and the host employers provide specific training tailored to the particular hazards at their workplaces.”

“Host employers should provide tem-porary workers with safety training that is identical or equivalent to that provided to the host employers’ own employees per-forming the same or similar work.”

“Staffing agencies need not become experts on specific workplace hazards, but should determine what conditions exist at the worksite, what hazards may

be encountered, and how to best ensure protection for the temporary workers.”

“The supervising employer is re-quired to set up a method for employees to report work-related injuries and ill-nesses promptly and must inform each employee how to report work-related in-juries and illnesses.”

While the staffing company is the primary employer on paper, the contrac-tor client is still the supervising employer. Marek, who believes most injuries are preventable, equates MEMCO’s role to being like an HR and risk management team. In this joint-venture employment structure, when an employee is injured on the job, MEMCO will respond to the injury, specifically MEMCO employees Marek and David Musquiz, who both have their OSHA 30. They act as the em-ployee rep, and they will handle the inju-ry for their client. MEMCO and their client each records the injury. To promote safety in the industry, MEMCO’s San Antonio facility recently added a classroom where they have al-ready hosted OSHA training classes. Marek explains the goal is to have a vari-ety of inexpensive training opportunities throughout the year. He notes that this gives associations such as the Hispanic Contractors Association (HCA) and Amer-ican Subcontractors Association (ASA) an

additional location to hold their OSHA/Educational classes. Some of MEMCO’s clients don’t have a facility to do their in-house training, and they will now be able to use the new classroom. Regarding the benefits of the alli-ance with OSHA, Casey Wenzel, MEMCO’s Houston-based regional manager, ex-plains, “Establishing a personal relation-ship with the local OSHA representative gives us great access to information, and having a relationship with OSHA prior to a jobsite inspection, we already have a rapport. So, there is a comfort level, and this is a great benefit to our customers, who are ultimately the responsible party. “It’s all about cooperation. Construc-tion is obviously a high-risk industry, and there are a lot of misconceptions out there with regard to responsibility of temporary employees’ safety on a job-site. Regardless of whether the employee is permanent or temporary, that employ-ee is the responsibility of the supervising contractor – and as a staffing company, it’s our responsibility to make sure our customers are providing the appropriate training and equipment, and to help pro-vide guidance when needed. “Ultimately, the safety of our em-ployees depends on our customer. If we can help our customers establish a safer worksite, we can help keep costs down, keep breadwinners providing for their family, and hopefully better the industry as a whole.” –mh

Never let your guard down

Francisco “Paco” Guajardo, Safety Director,Millard Drywall & Acoustical ConstructionAustin, TX

What sparked your interest to work as a safety director, Paco?

I worked for many years as a superin-tendent. During that time I got to see my share of accidents that happen to mostly Hispanic workers. At that time there was very little training specifically done for our Spanish speaking workers. Even now, Spanish workers are more vulnerable if they can’t understand safe-ty instructions. When I was offered the job as safety director for Millard Drywall & Acoustical Construction, I jumped at the opportuni-ty. Vice President Jim Millard was enthu-siastic and committed to implementing a better safety program that would make a difference for his employees.

What are your daily responsibilities as safety director? I am responsible for promoting and

managing our company’s safety pro-gram. I spend a good amount of my time doing site visits making sure our crews are protected from any risk of injury.

What is rewarding about your job to-day? I get a lot of support from my admin-istration. What a big difference that makes when I need to request spending on safety equipment. Our crews are very receptive to my site visit. They know I am there looking out for their safety. I tell them, “the way you left for family and home this morn-ing, that’s the way I want you to return – safe and sound.” I really enjoy getting up in the morn-ing and going to work. I feel like I make a difference.

How have you seen construction safe-ty improve over the years? I have noticed more training tools and many of these written in different languages, which reflects our diversity in our work force. Even some of our suppli-ers offer safety training.

What are the major risks in construc-tion? We all know that the construction in-dustry accounts for the largest number of fatalities due to falls, electrocutions … the list goes on. So it’s extremely important to drive home to our workers that safety always comes first. Never let your guard down!

Does Millard Drywall & Acoustical Construction have construction safety classes? Yes, we recently had a fall protection class. The class took place because, as a growing company, we felt the need for our workers to have continuing educa-tion on fall protection as a part of our safety program. All of our workers are re-quired to have a working knowledge of safe use of fall protection equipment and systems.

What did the foreman learn during the

class? All of our foremen had to wear their harnesses in order for the trainer to ob-serve and show if the harness user was wearing it properly. The foremen were then lifted off the ground enough to have their feet dan-gling, using a large metal tripod and were taught how to adjust the leg straps of the harness to be able to sit properly in the harness to wait to be rescued. This is key because if at the event a person falls and has a harness and does not adjust the leg straps properly, that person is only left with 15-20 minutes to be rescued. Whereas a person who properly re-adjusts the harness to be sitting on it in-stead of dangling is given more time, two hours of rescue time. When sitting in the harness, you are allowed more blood flow to the legs, where in hanging the leg straps of the harness cut off blood flow and because of that it does not circulate to the rest of the body properly.

What is on the horizon for construc-tion safety? I believe we are going in the right di-rection. There is more online training on different safety subjects, but you cannot ever replace a classroom setting. –ab

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Apr: Women in ConstructionMay: Concrete IndustryJun: HVAC & Plumbing

July: Electrical IndustryAug: Service ProvidersSep: Green Building Trends

Oct: Specialty ContractorsNov: Architecture & EngineeringDec: Construction Equipment

2015Schedule


Construction Safety

Cultural transformation:Establishing safety aseveryone’s core value

Chris Williams, Safety DirectorAssociated Builders & Contractors Inc.Arlington, VA

Consider these two safety vision statements:- “On every project, at all times, safety is our top priority.”- “We make NO compromise with respect to morality, ethics, or safety. If a de-

sign or work practice is perceived to be unsafe, we do not proceed until the issue is resolved.”

Both sound great on the surface - “at all times, safety is our top priority” and “we make NO compromise”. Yet, they re-flect two distinctly different safety cul-tures, which show in their overall safety performance. Consider that, for the company where safety is a priority, their Total Re-cordable Incidence Rate (TRIR) is a full two times the national average for a con-struction company of their size and work type. The TRIR for the company that doesn’t compromise on safety, and won’t proceed until safety issues are resolved? 0.20. That’s 95% below the industry aver-age. The simple reason behind why com-pany A and company B have such vastly different safety numbers lies in how leadership and, as an extension, their employees, perceive safety. When safety is perceived as a priority, it means that

other priorities - schedules, cost over-runs, etc. - can move ahead of safety. When safety is a priority, the emphasis on performing work safely, every single time, without exception, lags or is shunned completely. A safety climate is established - one that changes constant-ly and one where safety is important only when things are going well. A true world-class safety culture - one where a near-miss, let alone an inci-dent, is considered as a failure to be rem-edied immediately and learned from to prevent it from occurring again - places safety as its core value, upon which every decision, big or small, is based. The foundation of that culture is leadership’s uncompromising commit-ment to achieving a zero-incident jobsite and unwillingness to waver from safety as their core value. The structure of a world-class safety culture comes from the total belief, by ev-

ery employee, that not only is every inci-dent preventable, but that each employ-ee is responsible to their safety and the safety of those around them. Sounds great in theory, but what about when you have 150 employees on five different jobsites and superinten-dents with three distinctly different lead-ership styles? Or, how about, as with Company B (where they don’t compro-mise on safety and won’t perform the task until it’s completely safe), with 4,000 employees worldwide? Transforming your culture isn’t as difficult as you may think. Again, it all starts with the CEO and senior leader-ship’s commitment to sending every em-ployee home in the same, or better, con-dition than which they arrived, and ex-hibiting that commitment to all employ-ees. That causes a trickle-down effect - regional managers and superintendents see this commitment to safety as the core value and, regardless of leadership style, begin to use it with their crews. Focus re-wards not on the number of hours worked without a lost-time incident, but individuals who stopped work when they recognized a hazard or who helped a fel-low employee safely tie off. In short, ev-eryone is responsible for - and account-able to - each other. Take the Alcoa example; when Paul O’Neill (who would later become Trea-sury Secretary under President George W. Bush) took over as CEO in 1987, he stated unequivocally that his core value was a zero-injury workplace. He needed to change the culture.

Because of O’Neill, the automatic routine at Alcoa became that, for any in-jury, the unit president had to report it to the CEO directly within 24 hours and present a plan to ensure that the type of injury never occurred again. If you em-braced the system, you were promoted. Floor employees became supervisors; su-pervisors became directors; directors be-came vice presidents - if they committed to zero injuries and embraced the routine of making sure you learned everything possible from them to prevent them in the future. What happened next was astonish-ing - not only did Alcoa’s safety program change from reactive to proactive, but its entire culture shifted - the keystone safe-ty habits O’Neill instituted built new cor-porate habits that streamlined the com-pany’s manufacturing process and in-creased profits (and employee salaries). Transforming a safety culture from one where safety is a priority to one where safety is THE core value doesn’t have to be difficult; it just takes commit-ment and instilling the importance that each team member not only performs their duties safely, but also watches out for their coworkers. It’s about creating a sense of family, building relationships among our employees so that everyone understands that safety isn’t about the individual, but the people and our fami-lies that we work and live with. It’s an in-terdependent effort, and one that, as we’ve seen in the examples above, can be achieved no matter the company’s size. –cw

Survey says

Surveyors from around the state attended the re-cent Texas Society of Professional Surveyors (TSPS) 63rd annual Convention & Tech Expo at the Westin

Galleria in Houston. The event gave attendees an op-portunity to grow professionally while networking with fellow land surveyors. –ab

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McKim & Creed Inc. Total CAD Systems Inc.

G4 Spatial Technologies Surveying and Mapping LLC


Round-Up

CONSTRUCTION SUPPLY, INC.

Offi ce: 512-837-1028 Fax: 512-837-7234www.csiconcretesupply.com

404 West Powell Lane Suite 201 Austin, Texas 78753

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continued from Page 1 — Wheels keep on turning

continued from Page 1 — Pooling together

Raba Kistner Infra-structure (RKI) has hired Fitzgeraldo “Fitz” Sanchez, PE to serve as project man-ager II with responsi-bilities for managing the owner verifica-tion services on up to one-half of the TxDOT Energy Sector Road repair project. Sanchez earned a B.S. degree in Civil Engineering from Tex-as A&I University – Kingsville (now Texas A&M University – Kingsville), as well as a B.S. degree in Civil Engineering from Uni-versidad Autónoma de Nuevo León in Monterrey, Nuevo León.

“I love the challenge of going from looking at plans for new construction then going out to look at a repair job all in the same day,” he said. “Then there is always the fun part of meeting new peo-ple. “ Some hobbies Kim Wheeler likes in-clude landscaping and watching movies on the weekends. Jones spends time with his four grandkids, goes fishing with his wife, and for the last three years he has led a small bible study group for young men (9th graders) from church. “Several of the young men have been with me for three years, and I can-not wait to see what the next three years brings for us as they go through high school,” he said. The crew members enjoy fishing, watching football, playing baseball with their kids and other fun family activities.

If Jones were to give a young person advice he says look for ways to learn your craft, in school and also hands-on-experi-ence. “One of my favorite quotes from Zig Ziglar is, ‘You can have everything in life you want if you just help enough other people get what they want’,” he said. “My goals are to keep learning how to serve those around me, and then one day in the future move down to the Texas coast with my ‘blushing bride’ of 36 years.” APAC Texas Wheeler Companies covers the full spectrum of the asphalt industry, from pothole repairs to heavy highway work. The company performs all phases of commercial new construction and repair, including sealcoating, striping, and signs. The company also offers hot-mix, concrete and aggregate supply with plants through-out the central Texas corridor from San An-tonio, Austin to Waco. –ab

we were assured that a previous asbestos abatement had been done and was as-bestos free,” Heine said. “Since, almost all of the existing pool piping was found to contain asbestos this was a major setback in starting the project.” When the pool shell was removed, the construction team observed an un-known source of water that had been percolating up through the bottom of the existing pool shell. “Test pits near the initial sighting were excavated to observe the type of volume and hydrostatic pressure that was under the site,” she said. “A total of 10 test pits were dug, resulting in a large vol-ume of ground water infiltrating the en-tire site.” With the help of a new geotechnical engineer, Chasco’s design team, and a hy-drologist, it was determined that a mas-sive remediation was needed in order for the pool to keep it’s ¼” PVR needed for a 50-year pool. This put the project on hold for nine months. The redesign included a French drain system that Chasco’s utility crew installed along three sides of the site to take in and divert all incoming water. “We then over-excavated the entire site and replaced it with 7ft of imported, compacted engineered fill,” Heine said. To make sure that no water would sit underneath the site at any given time, a drainage layer was added using perfo-rated pipes, piped into wet wells that pump water out continuously. During the nine month delay for the groundwater redesign the door was opened for additional community in-volvement, which led to adding more shade structures, a diving well with div-ing board, a pool heater for year-round

swimming and additional site lighting. With the re-design complete and the increased scope, Chasco was tasked with building the project within the original eight-month schedule. This was achieved and the pool was open on time for the 2014 swim season. Heine says the entire site is centered around a large heritage tree that was to be preserved as the focal point of the en-try. Major efforts and coordination were needed to protect the tree to ensure its health during and after construction. Constructing the multiple pools and structures, around the tree for the entire construction process, was a logistical challenge by itself. The tree remains healthy as a natural source of shade for the swimmers. “Working with our City of Austin project manager Bob Egan and the parks and recreation department project man-ager Rey Hernandez was a complete joy,” she said. “This project had a multi-tude of issues and they were extremely instrumental in expediting our permit-ting processes, assisting with conveying the public concerns needs and desires during the redesign and assisting with day to day city processing through con-struction.” Founded in 1979 by Chaz Glace, Round Rock-based Chasco Constructors is a general contractor and a subcontrac-tor. The company has an in-house con-crete division with 15 crews, an excava-tion division with nine crews and a utility division with 10 crews. Today Chasco Constructors has 346 employees, with Glace’s sons Chuck leading the company as president and Tony leading the concrete division. –ab

The entrance to the Bartholomew Municipal Pool

Diligent duoConstruction News ON LOCATION

L-R: Paul Bicoy and Frank Menzel help customers choose carpet, vinyl, ceramic and wood flooring at Lone Star Carpet. The company specializes in residential, commercial

and multifamily flooring. –ab

SubmissionsThis is a section for brief company

announcements of new or recently promoted personnel, free of charge

as space allows. ––––––––––––––––––––––––––––––Email with “Round-Up” in the subject

line (w/digital photo, if available)by the 15th of any month, for the

next month’s issue to:

[email protected]

Leading the waySubmitted to Construction News

The American Institute of Architects Austin Chapter (AIA) hosted a leadership retreat at McKinney Roughs Nature Park in Cedar Creek in January. Photo by Matt Risinger –ab

version of our latest papers – even get-ting a past issue is a breeze. And speaking of searching, don’t worry – we’ve included a nice search function that will allow you to find ex-actly that story or photo you remember seeing, but can’t quite remember when,

in one of our local editions. So, jump in and start exploring. Let us know what you think. As always, con-tact us with your questions, comments and suggestions – you can find that infor-mation under the “contact us” tab right at the top.


Association CalendarContent submitted by Associations to Construction News

AGCAssociated General Contractors

Feb. 2: Safety Committee meetingFeb. 3-6: TEEX OSH 226 – Permit Re-quired Confined Space EntryFeb 10-13: TEEX OSH 521 – Industrial Hy-gieneFeb. 12: Hygiene Scaffold AwarenessFeb. 13: Ladder/Fall Protection for Work-ersFeb. 17-20: TEEX OSH 511 – OSHA Stan-dards for General IndustryFeb. 24-27: TEEX OSH 201 – Hazardous MaterialsFor more information call 512-442-7887

AIAAmerican Institute of Architects

Feb. 4: BEC Austin - Roofing Technology, from “B” to “T”Feb. 11: Food For Thought Feb. 17: 2015 Luncheon Speaker SeriesFeb. 20: Academy of Architecture for Health (AAH) Committee meetingFeb. 23: Commercial Advocacy Round-tableFeb. 24: Food For ThoughtFor more information call 512-767-7436

ASPE American Society of Plumbing Engineers

Feb. 9-10: Green Plumbing Design (GPD) workshop in San AntonioFeb. 11:: Intermediate Plumbing Design workshop presented by Peter Kraut, South Coast Engineering in San Antonio Feb. 12-13: Revit MEP training in AustinFor more information call 210-262-2142

CSIConstruction Specifications Institute

Feb. 21: Construction Documents Tech-nology (CDT) Boot Camp at the Associat-ed General Contractors (AGC) - Austin Chapter office, 609 South Lamar Blvd.For more information visit http://austin.csinet.org/

CTSA Central Texas Subcontractors Assn.

Feb. 10: Monthly meeting, 5:30pm-6pm Social Hour, 6pm-8pm Dinner and Pre-sentation, Embassy Suites, 5901 N. IH-35For more information visit www.ctsaon- line.org

IECIndependent Electrical Contractors

Feb. 10,11,12: IEC National Business Summit in New Orleans, LAFeb. 18: General Membership luncheon, 11:30am-1pm, Saltgrass Steakhouse

NARINat’l Assn. of the Remodeling Industry

Feb. 19: General membership meeting, 11:30am-1pm, Norris Conference Center, 2525 W. Anderson Ln. #365, special guest: Jay PapasonFor more info: www.austin- nari.org

NAWICNat’l Assn. of Women in Construction

Feb. 4: Chapter meeting – Professional Development Series, Speaker: Maura Thomas, Personal Productivity Secrets, 5:30pm Networking, Dinner 6pm, Big Daddy’s Burgers, 9070 Research Blvd. $25 Members/$30 Non-MembersFeb. 20: Networking Luncheon, 11:30am, BJ’s (Arbor Walk), 10515 N. Mopac Ex-presswayFor more information go to www.austin- nawic.org

RCATRoofing Contractors Association of Texas

Feb. 6-7: Winter Membership meetingFor more information visit www.rooftex.com

TSPETexas Society of Professional Engineers

Feb. 27: 2015 Engineers Week Banquet, 11:30am-1pm, Barton Creek Country Club, 8212 Barton Club Dr.For more info: visit www.tspe-travis.org

Specializing in Final Clean Make Ready Offi ce CleaningCleaning Services

Commercial and Multi-Family

Providing services for Developers • General Contractors Subcontractors • Real Estate Professionals

TheButlerDid It

Service Area:Austin | Cedar Park | Round Rock | Pfl ugerville | Georgetown | Leander

Shelley Butler, Owner/Manager512 • 755 • 4334 [email protected]

www.TheButlerDidItServices.com

Listen and learnSubmitted to Construction News

The Associated General Contractors (AGC) Texas Building Branch (TBB) met at the AGC Austin Chapter office in January to discuss the new Texas Legislature session and issues

impacting the Texas commercial construction industry. –ab

Partnering upSubmitted to Construction News

An OSHA Partnership meeting took place at the Associated Builders and Contractors – Central Texas Chapter (ABC) office Jan. 15. –ab

If you took a class, what would it be?

I think it would be a lot of fun to take a waterskiing lesson. I have been waterski-ing since I was 4. Alan Heine, Alan Heine Painting Inc.

I would love to take a Texas history class. It is my favorite subject. Frank Bomar, Home Lumber Co.

I’d take a wood working class. It is a great hobby and it is always good to keep learning. Juan Suarez, Structura

I’d take a tennis class to improve my skills. Ryan Remmert, Coastal Mechanical

I’d love to take a golf lesson! Marc Mittleman, Austin MGM Air

I want to earn my Master’s license. It is something I have wanted to do for a long time. Thomas Russell, Russell Electric

Taking a western dancing class with my husband would be great. Kim Harsh, Pease Custom Floors

I’d take a class where you could learn how to build a cabin with solar panels and rain collection. Glen Teinert, Teinert Designs

I wouldn’t mind taking guitar lessons. That would be fun!

Michael Beery,Firetrol Protection Services

A recreational soccer class would be awe-some. Richard Cantu, Airco Mechanical

History is fascinating to me. I enjoy read-ing Texas history books in my free time. I’d take a class!

Jud Stringer, Building Abatement Co.

I’d take a surveying class to stay up to date with changes in the industry.

Floyd Ward, Accutex Survey Systems

I think I’d take a machining class. Jesse Hinojosa, SolarTek Energy

I would study electrical engineering in a heartbeat!

Brent Barnett, Lighting Electrical

I’d take guitar lessons. Ben Brenneman, T Morales Co.

A green building class sounds good to me. Wayne Jeansonne, Solluna Builders

I love what I do today so I would improve my skills by taking a woodworking class.

Tyler White,Custom Cabinetry by Tyler White

I would enjoy taking a writing or a poetry class. Writing is one of my hobbies. Ron Leatherman, Leatherman Services

My wife and I would sign up for a cooking class.

Robert Beery,Commercial Contracting Consultants

I think it would be enjoyable to take a gardening class and learn about different plants and flowers. I spend lots of time in my garden in the springtime.

Vickie McCarty,Daryl’s Hardwood Floors


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Cupid is busy in February. We found hard working couples that work side by side in the Austin construction industry on a daily basis.

Love is in the air. All of us from Construction News wish you a very Happy Valentine’s Day. –ab

All you need is love

Nick and Evelyn Page, Nick’s Bricks, have been mar-ried since 1985 and will celebrate their 30-year anniver-sary in November. “Evelyn and I both went to Hyde Park Baptist Church,” Page said. “We met at a church camp one year. It was love at first sight. I started Nick’s Bricks in 1993 and Evelyn came on board in 1995.”

Owner Kevin and his wife Cheryl oper-ate Georgetown Fence & Deck LLC. The couple has worked together since they moved the business to the Williams Drive location in Georgetown in 2012. “In the beginning, we had our fair share of challenges since we took over an existing business,” Kevin Clark said. “We persevered and now we are doing well! “I get out in the field to do sales calls and Cheryl works at the office. We have been married for 32 years. We make a great team!”

President and founder Charles Batts, CB Hard-ware, has worked with his wife Joan since he found-ed the company in 2000. “Joan is an active part of CB Hardware and I en-joy having the chance to work with her every day,” Charles Batts said. “We have been married for 48 years.”

L-R: Joan, son Chuck and Charles Batts

Jessica Lawrence and her husband Bud-dy, Buddy L Construction, have been married seven years this April. “We dated five years before we were married and have known each other since 9th grade,” Jessica Lawrence said. “We’ve worked together almost six years now. Wow, time flies!”

TexasStyle

San Antonio Austin Dallas/Fort Worth Houston South Texas

www.constructionnews.netpublishing the industry’s news


Stucco & EIFS Products • Custom Color MatchingCement, Lath & Trim Products

23703 IH-35, #101B Kyle, TX 78640512.268.5600

conveniently located to service Austin and San Antonio

L-R: Owners Regan and Paul Landreth, Landreth Construction, celebratedChristmas with employees and their spouses at the Saltgrass Steak House in

Round Rock in mid-December. –ab


All together now

Flooring Solutions held a retirement party for beloved employee Danny Vinson who worked at the compa-

ny for 10 years. “Danny is special to all of us so we wanted to have a party for him,” said Me-

Danny’s going fishing

Danny Vinson (sitting) receives a fishing pole at his retirement party.

The company decorated the wall to honor Danny.

gan Pierce-Tionloc, executive assistant. “We wish him the best as he enters retire-ment. He will be missed at our office!” Established in 2002, Flooring Solutions provides flooring solutions and products to commercial end-users. –ab

Supply and demandConstruction News ON LOCATION

L-R: Wayne Hollier, Claudia Arriaga, Bianca Rodriguez, Ronnie Blankenship,Joyce Crutchfield, Gary Cannon and Sharise Beck gather for a photo at

Builder Gypsum Supply, a wallboard distributor. –ab

Made you laughConstruction News ON LOCATION

Inside salesman Kris Richard smiles for the camera at Johnstone Supply, a wholesale distributor to the HVAC, refrigeration and property maintenance industries. –ab

Equipped for the jobConstruction News ON LOCATION

L-R: Rick Watson and Jay Galindo have a good day working in the parts department at Waukesha-Pearce Industries Inc. (WPI). –ab

On the road againConstruction News ON LOCATION

Technician Kevin Jackson, Efficient Air Conditioning, makes his roundsto commercial jobs in north Austin. –ab